Amends TCA Title 4; Title 63 and Title 68.
ELIGIBILITY TO PARTICIPATE IN THE COMPACT<br /> <br /> This bill requires a potential member state to meet all of the following criteria to be eligible to participate in the compact:<br /> <br /> (1) License and regulate the practice of social work at either the clinical, master's, or bachelor's category;<br /> <br /> (2) Require applicants for licensure to graduate from a program that is (i) operated by a college or university recognized by the licensing authority; (ii) accredited, or in candidacy by an institution that subsequently becomes accredited, by an accrediting agency recognized by either: (i) the Council for Higher Education Accreditation, or its successor; or (ii) the U.S. department of education; and (iii) corresponds to the licensure sought as outlined under the heading "Social Worker Participation in the Compact";<br /> <br /> (3) Require applicants for clinical licensure to complete a period of supervised practice; and<br /> <br /> (4) Have a mechanism in place for receiving, investigating, and adjudicating complaints about licensees.<br /> <br /> CRITERIA FOR MAINTAINING MEMBERSHIP IN THE COMPACT<br /> <br /> This bill requires the member state to do the following to maintain membership in the compact:<br /> <br /> (1) Require that applicants for a multistate license pass a qualifying national exam for the corresponding category of multistate license sought as outlined under the heading "Social Worker Participation in the Compact";<br /> <br /> (2) Participate fully in the data system of the government agency whose membership consists of all states that have enacted this compact ("commission"), including using the commission's unique identifier as defined in rules;<br /> <br /> (3) Notify the commission, in compliance with the terms of this compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee;<br /> <br /> (4) Implement procedures for considering the criminal history records of applicants for a multistate license. Such procedures must include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the FBI and the agency responsible for retaining that state's criminal records;<br /> <br /> (5) Comply with the rules of the commission;<br /> <br /> (6) Require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable home state laws;<br /> <br /> (7) Authorize a licensee holding a multistate license in any member state to practice in accordance with the terms of this compact and rules of the commission; and<br /> <br /> (8) Designate a delegate to participate in the commission meetings.<br /> <br /> MULTISTATE LICENSES<br /> <br /> This bill requires a member state meeting the requirements of participating and maintaining membership in the compact to designate the categories of social work licensure that are eligible for issuance of a multistate license for applicants in such member state. To the extent that any member state does not meet the requirements for participation in this compact at any particular category of social work licensure, such member state may choose, but is not obligated to, issue a multistate license to applicants that otherwise meets the requirements licensure under this bill for issuance of a multistate license in such category or categories of licensure. This bill authorizes the home state to charge a fee for granting the multistate license.<br /> <br /> SOCIAL WORKER PARTICIPATION IN THE COMPACT<br /> <br /> To be eligible for a multistate license under this compact, this bill requires an applicant, regardless of category, to do the following:<br /> <br /> (1) Hold or be eligible for an active, unencumbered license in the home state;<br /> <br /> (2) Pay any applicable fees, including any state fee, for the multistate license;<br /> <br /> (3) Submit, in connection with an application for a multistate license, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the FBI and the agency responsible for retaining that state's criminal records;<br /> <br /> (4) Notify the home state of any adverse action, encumbrance, or restriction on any professional license taken by any member state or non-member state within 30 days from the date the action is taken;<br /> <br /> (5) Meet any continuing competence requirements established by the home state; and<br /> <br /> (6) Abide by the laws, regulations, and applicable standards in the member state where the client is located at the time care is rendered.<br /> <br /> REQUIREMENTS FOR CLINICAL-CATEGORY LICENSE<br /> <br /> This bill requires an applicant for a clinical-category multistate license to fulfill a competency requirement, attain at least a master's degree in social work from a program, and fulfill a practice requirement.<br /> <br /> REQUIREMENTS FOR MASTER'S-CATEGORY MULTISTATE LICENSE<br /> <br /> This bill requires an applicant for a master's-category multistate license to fulfill a competency requirement and attain at least a master's degree in social work from a program.<br /> <br /> REQUIREMENTS FOR BACHELOR'S-CATEGORY MULTISTATE LICENSE<br /> <br /> This bill requires an applicant for a bachelor's-category multistate license to fulfill a competency requirement and attain at least a bachelor's degree in social work from a program.<br /> <br /> LICENSE RENEWAL REQUIREMENTS<br /> <br /> The multistate license for a regulated social worker is subject to the renewal requirements of the home state. This bill requires the regulated social worker to maintain compliance with the requirements listed under the heading "Social Worker Participation in the Compact" to be eligible to renew a multistate license.<br /> <br /> REMOTE STATES<br /> <br /> This bill establishes that the regulated social worker's services in a remote state are subject to that member state's regulatory authority. A remote state may, in accordance with due process and that member state's laws, remove a regulated social worker's multistate authorization to practice in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens.<br /> <br /> ENCUMBERED LICENSE<br /> <br /> This bill requires that if a multistate license is encumbered, then the regulated social worker's multistate authorization to practice must be deactivated in all remote state until the multistate license is no longer encumbered.<br /> <br /> This bill authorizes, if a multistate authorization to practice is encumbered in a remote state, the regulated social worker's multistate authorization to practice to be deactivated in that state until the multistate authorization to practice is no longer encumbered.<br /> <br /> ISSUANCE OF A MULTISTATE LICENSE<br /> <br /> Upon receipt of an application for multistate license, this bill requires the home state licensing authority to determine the applicant's eligibility for a multistate license in accordance with this bill.<br /> <br /> If such applicant is eligible, then the home state licensing authority must issue a multistate license that authorizes the applicant or regulated social worker to practice in all member states under a multistate authorization to practice.<br /> <br /> Upon issuance of a multistate license, this bill requires the home state licensing authority to designate whether the regulated social worker holds a multistate license in the bachelors, masters, or clinical category of social work.<br /> <br /> This bill requires that a multistate license issued by a home state to a resident in that state be recognized by all compact member states as authorizing social work practice under a multistate authorization to practice corresponding to each category of licensure regulated in each member state.<br /> <br /> AUTHORITY OF INTERSTATE COMPACT COMMISSION AND MEMBER STATE LICENSING AUTHORITIES<br /> <br /> This bill prohibits anything in this compact, or any rule of the commission, from being construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of social work in that state, where those laws, regulations, or other rules are not inconsistent with this compact.<br /> <br /> This bill clarifies that nothing in this compact affects the requirements established by a member state for the issuance of a single state license.<br /> <br /> This bill prohibits anything in this compact, or any rule of the commission, from being construed to limit, restrict, or in any way reduce the ability of a member state to take adverse action against a licensee's single state license to practice social work in that state.<br /> <br /> This bill prohibits anything in this compact, or any rule of the commission, from being construed to limit, restrict, or in any way reduce the ability of a remote state to take adverse action against a licensee's multistate authorization to practice in that state.<br /> <br /> This bill prohibits anything in this compact, or any rule of the commission, from being construed to limit, restrict, or in any way reduce the ability of a licensee's home state to take adverse action against a licensee's multistate license based upon information provided by a remote state.<br /> <br /> REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE<br /> <br /> This bill authorizes a licensee to hold a multistate license, issued by their home state, in only one member state at any given time. If a licensee changes their home state by moving between two member states, then:<br /> <br /> (1) This bill requires the licensee to immediately apply for the reissuance of their multistate license in their new home state. The licensee must pay all applicable fees and notify the prior home state in accordance with the rules of the commission;<br /> <br /> (2) Upon receipt of an application to reissue a multistate license, this bill requires the new home state to verify that the multistate license is active, unencumbered, and eligible for reissuance under the terms of this compact and the rules of the commission. The multistate license issued by the prior home state must be deactivated and all member states notified in accordance with the applicable rules adopted by the commission;<br /> <br /> (3) Prior to the reissuance of the multistate license, this bill requires the new home state to conduct procedures for considering the criminal history records of the licensee. Such procedures must include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the FBI and the agency responsible for retaining that state's criminal records;<br /> <br /> (4) If required for initial licensure, this bill authorizes the new home state to require completion of jurisprudence requirements in the new home state; and<br /> <br /> (5) This bill establishes that if a licensee does not meet the requirements set forth in this compact for the reissuance of a multistate license by the new home state, then the licensee is subject to the new home state requirements for the issuance of a single state license in that state.<br /> <br /> If a licensee changes their primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, then the licensee is subject to the state requirements for the issuance of a single state license in the new home state.<br /> <br /> This bill does not prohibit a licensee's ability to hold a single state license in multiple states; however, for the purposes of this compact, a licensee must have only one home state and only one multistate license.<br /> <br /> Nothing in this compact interferes with the requirements established by a member state for the issuance of a single state license.<br /> <br /> MILITARY FAMILIES<br /> <br /> This bill requires an active military member or their spouse to designate a home state where the individual has a multistate license. The individual may retain their home state designation during the period the service member is on active duty.<br /> <br /> ADVERSE ACTIONS<br /> <br /> In addition to the other powers conferred by state law, a remote state has the authority, in accordance with existing state due process law, to:<br /> <br /> (1) Take adverse action against a regulated social worker's multistate authorization to practice only within that member state, and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing licensing authority must pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located; and<br /> <br /> (2) Only the home state has the power to take adverse action against a regulated social worker's multistate license.<br /> <br /> For purposes of taking adverse action, the home state must give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state must apply its own state laws to determine appropriate action.<br /> <br /> This bill requires the home state to complete any pending investigations of a regulated social worker who changes their home state during the course of the investigations. The home state also has the authority to take appropriate actions and must promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system must promptly notify the new home state of any adverse actions.<br /> <br /> This bill authorizes a member state, if otherwise permitted by state law, to recover from the affected regulated social worker the costs of investigations and dispositions of cases resulting from any adverse action taken against that regulated social worker.<br /> <br /> This bill authorizes a member state to take adverse action based on the factual findings of another member state; however, the member state follows its own procedures for taking the adverse action.<br /> <br /> JOINT INVESTIGATIONS<br /> <br /> In addition to the authority granted to a member state by its respective social work practice act or other applicable state law, this bill authorizes any member state to participate with other member states in joint investigations of licensees. This bill requires member states to share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact.<br /> <br /> This bill establishes that if adverse action is taken by the home state against the multistate license of a regulated social worker, then the regulated social worker's multistate authorization to practice in all other member states is deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against the license of a regulated social worker must include a statement that the regulated social worker's multistate authorization to practice is deactivated in all member states until all conditions of the decision, order, or agreement are satisfied.<br /> <br /> If a member state takes adverse action, then this bill requires the member state to promptly notify the administrator of the data system. The administrator of the data system must promptly notify the home state and all other member states of any adverse actions by remote states.<br /> <br /> However, this bill does not (i) override a member state's decision that participation in an alternative program may be used in lieu of adverse action; (ii) authorize a member state to demand the issuance of subpoenas for attendance and testimony of witnesses or the production of evidence from another member state for lawful actions within that member state; or (iii) authorize a member state to impose discipline against a regulated social worker who holds a multistate authorization to practice for lawful actions within another member state.<br /> <br /> ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT<br /> <br /> With this bill, the compact member states create and establish a joint government agency whose membership consists of all member states that have enacted this compact, known as the social work licensure compact commission. The commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one state. The commission comes into existence on or after the effective date of this compact.<br /> <br /> MEMBERSHIP, VOTING, AND MEETINGS<br /> <br /> This bill establishes that each member state has and is limited to one delegate selected by that member state's state licensing authority. The delegate must be either: (i) a current member of the state licensing authority at the time of appointment, who is a regulated social worker or public member of the state licensing authority; or (ii) an administrator of the state licensing authority or their designee.<br /> <br /> This bill requires the commission to by rule or bylaw establish a term of office for delegates and may by rule or by law establish term limits.<br /> <br /> This bill authorizes the commission to recommend removal or suspension of any delegate from office.<br /> <br /> This bill requires a member state's state licensing authority to fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy.<br /> <br /> This bill entitles each delegate to one vote on all matters before the commission requiring a vote by commission delegates.<br /> <br /> This bill requires a delegate to vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet by telecommunication, videoconference, or other means of communication.<br /> <br /> This bill requires the commission to meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference, or other similar electronic means.<br /> <br /> POWERS OF THE COMMISSION<br /> <br /> This bill provides that the commission has the following powers:<br /> <br /> (1) Establish the fiscal year of the commission;<br /> <br /> (2) Establish code of conduct and conflict of interest policies;<br /> <br /> (3) Establish and amend rules and bylaws;<br /> <br /> (4) Maintain its financial records in accordance with the bylaws;<br /> <br /> (5) Meet and take such actions as are consistent with this compact, the commission's rules, and the bylaws;<br /> <br /> (6) Initiate and conclude legal proceedings or actions in the name of the commission, if the standing of any state licensing board to sue or be sued under applicable law is not affected;<br /> <br /> (7) Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission's behalf;<br /> <br /> (8) Purchase and maintain insurance and bonds;<br /> <br /> (9) Borrow, accept, or contract for services of personnel, including employees of a member state;<br /> <br /> (10) Conduct an annual financial review;<br /> <br /> (11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;<br /> <br /> (12) Assess and collect fees;<br /> <br /> (13) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; but at all times, the commission must avoid any appearance of impropriety or conflict of interest;<br /> <br /> (14) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;<br /> <br /> (15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;<br /> <br /> (16) Establish a budget and make expenditures;<br /> <br /> (17) Borrow money;<br /> <br /> (18) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;<br /> <br /> (19) Provide and receive information from, and cooperate with, law enforcement agencies;<br /> <br /> (20) Establish and elect an executive committee, including a chair and a vice chair;<br /> <br /> (21) Determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in this compact; and<br /> <br /> (22) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.<br /> <br /> EXECUTIVE COMMITTEE<br /> <br /> The executive committee has the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee include:<br /> <br /> (A) Oversee the day-to-day activities of the administration of this compact, including enforcement and compliance with this compact, its rules, and bylaws, and other such duties as deemed necessary;<br /> <br /> (B) Recommend to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees;<br /> <br /> (C) Ensure compact administration services are appropriately provided, including by contract;<br /> <br /> (D) Prepare and recommend the budget;<br /> <br /> (E) Maintain financial records on behalf of the commission;<br /> <br /> (F) Monitor compact compliance of member states and provide compliance reports to the commission;<br /> <br /> (G) Establish additional committees as necessary;<br /> <br /> (H) Exercise the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and<br /> <br /> (I) Other duties as provided in the rules or bylaws of the commission.<br /> <br /> EXECUTIVE COMMITTEE COMPOSITION<br /> <br /> The executive committee is composed of up to 11 members, including (i) the chair and vice chair of the commission are voting members of the executive committee; (ii) the commission must elect five voting members from the current membership of the commission; (iii) up to four ex officio, nonvoting members must be selected from four recognized national social work organizations; and (iv) the ex-officio members must be selected by their respective organizations.<br /> <br /> This bill authorizes the commission to remove any member of the executive committee as provided in the commission's bylaws.<br /> <br /> This bill requires the executive committee to meet at least annually. Executive committee meetings must be open to the public, except that the executive committee may meet in a closed, non-public meeting. The executive committee must give seven days' notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the commission. The executive committee may hold a special meeting.<br /> <br /> This bill requires the commission to adopt and provide to the member states an annual report.<br /> <br /> MEETINGS OF THE COMMISSION<br /> <br /> This bill requires that all meetings be open to the public, except that the commission may meet in a closed, non-public meeting as explained under the heading "Closed Meetings of the Commission," below. Public notice for all meetings of the full commission of meetings must be given in the same manner as required under the rulemaking provisions described under the heading "Rulemaking," below; however, this bill authorizes the commission to hold a special meeting when it must meet to conduct emergency business by giving 48 hours' notice to all commissioners, on the commission's website, and by other means as provided in the commission's rules. The commission's legal counsel must certify that the commission's need to meet qualifies as an emergency.<br /> <br /> CLOSED MEETINGS OF THE COMMISSION<br /> <br /> This bill authorizes the commission or the executive committee or other committees of the commission to convene in a closed, non-public meeting for the commission or executive committee or other committees of the commission to receive legal advice or to discuss:<br /> <br /> (A) Non-compliance of a member state with its obligations under this compact;<br /> <br /> (B) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees;<br /> <br /> (C) Current or threatened discipline of a licensee by the commission or by a member state's licensing authority;<br /> <br /> (D) Current, threatened, or reasonably anticipated litigation;<br /> <br /> (E) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;<br /> <br /> (F) Accusing any person of a crime or formally censuring any person;<br /> <br /> (G) Trade secrets or commercial or financial information that is privileged or confidential;<br /> <br /> (H) Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;<br /> <br /> (I) Investigative records compiled for law enforcement purposes;<br /> <br /> (J) Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this compact;<br /> <br /> (K) Matters specifically exempted from disclosure by federal or member state law; or<br /> <br /> (L) Other matters as promulgated by the commission by rule.<br /> <br /> If a meeting, or portion of a meeting, is closed, then this bill requires the presiding officer to state that the meeting will be closed and reference each relevant exempting provision, and such reference must be recorded in the minutes.<br /> <br /> This bill requires the commission to keep minutes that fully and clearly describe all matters discussed in a meeting and provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action must be identified in such minutes. All minutes and documents of a closed meeting must remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.<br /> <br /> FINANCING OF THE COMMISSION<br /> <br /> This bill requires the commission to pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. The commission may accept any and all appropriate revenue sources as provided in (13) under the heading "Powers of the Commission."<br /> <br /> This bill authorizes the commission to levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states must be allocated based upon a formula that the commission promulgates by rule.<br /> <br /> This bill prohibits the commission incurring obligations of any kind prior to securing the funds adequate to meet the same, nor must the commission pledge the credit of any of the member states, except by and with the authority of the member state.<br /> <br /> This bill requires the commission to keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission are subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review must be included in and become part of the annual report of the commission.<br /> <br /> QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION<br /> <br /> This bill establishes that the members, officers, executive director, employees, and representatives of the commission are immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; however, nothing in this provision must be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission must not in any way compromise or limit the immunity granted in this provision.<br /> <br /> This bill requires the commission to defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; however, nothing in this provision must be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.<br /> <br /> This bill requires the commission to indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; if the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.<br /> <br /> This bill prohibits anything in this compact from being construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which is governed solely by any other applicable state laws.<br /> <br /> This bill prohibits anything in this compact from being interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation. Nothing in this compact must be construed to be a waiver of sovereign immunity by the member states or by the commission.<br /> <br /> DATA SYSTEM<br /> <br /> This bill requires the commission to provide for the development, maintenance, operation, and utilization of a coordinated data system. The commission must assign each applicant for a multistate license a unique identifier, as determined by the rules of the commission.<br /> <br /> This bill requires a member state to submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including (i) identifying information; (ii) licensure data; (iii) adverse actions against a license and information related thereto; (iv) non-confidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under member state law; (v) any denial of application for licensure and the reasons for such denial; (vi) the presence of current significant investigative information; and (vii) other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.<br /> <br /> This bill establishes that records and information provided to a member state pursuant to this compact or through the data system, when certified by the commission or an agent thereof, constitute the authenticated business records of the commission, and are entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state.<br /> <br /> Current significant investigative information pertaining to a licensee in any member state must only be available to other member states.<br /> <br /> This bill establishes that it is the responsibility of the member states to report any adverse action against a licensee and to monitor the database to determine whether adverse action has been taken against a licensee. Adverse action information pertaining to a licensee in any member state must be available to any other member state.<br /> <br /> This bill authorizes member states contributing information to the data system to designate information that must not be shared with the public without the express permission of the contributing state. Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information must be removed from the data system.<br /> <br /> RULEMAKING<br /> <br /> This bill requires the commission to promulgate reasonable rules in order to effectively and efficiently implement and administer this compact. A rule is invalid and has no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of this compact, or the powers granted under this compact, or based upon another applicable standard of review.<br /> <br /> This bill establishes that the rules of the commission have the force of law in each member state; however, where the rules of the commission conflict with the laws of the member state that establish the member state's laws, regulations, and applicable standards that govern the practice of social work as held by a court of competent jurisdiction, the rules of the commission are ineffective in that state to the extent of the conflict.<br /> <br /> This bill requires the commission to exercise its rulemaking powers pursuant to the criteria set forth and the rules adopted under the heading "Rulemaking." Rules become binding on the day following adoption or the date specified in the rule or amendment, whichever is later.<br /> <br /> This bill establishes that if a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt this compact within four years of the date of adoption of the rule, then such rule has no further force and effect in any member state.<br /> <br /> This bill requires that rules be adopted at a regular or special meeting of the commission. Prior to adoption of a proposed rule, the commission must hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments. Also prior to adoption of a proposed rule by the commission, and at least 30 days in advance of the meeting at which the commission will hold a public hearing on the proposed rule, the commission must provide a notice of proposed rulemaking: (i) on the website of the commission or other publicly accessible platform; (ii) to persons who have requested notice of the commission's notices of proposed rulemaking; and (iii) in such other ways as the commission may by rule specify.<br /> <br /> This bill requires the notice of proposed rulemaking to include:<br /> <br /> (1) The time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the commission will consider and vote on the proposed rule;<br /> <br /> (2) If the hearing is held via telecommunication, video conference, or other electronic means, the mechanism for access to the hearing in the notice of proposed rulemaking;<br /> <br /> (3) The text of the proposed rule and the reason for the proposed rule;<br /> <br /> (4) A request for comments on the proposed rule from any interested person; and<br /> <br /> (5) The manner in which interested persons may submit written comments.<br /> <br /> This bill requires that all hearings be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule must be available to the public. However, rules may be grouped for the convenience of the commission at hearings required by this bill.<br /> <br /> This bill requires the commission to, by majority vote of all members, take final action on the proposed rule based on the rulemaking record and the full text of the rule. The commission may adopt changes to the proposed rule if the changes do not enlarge the original purpose of the proposed rule. The commission must provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters. This bill requires the commission to determine a reasonable effective date for the rule. Except for an emergency, the effective date of the rule must be no sooner than 30 days after issuing the notice that it adopted or amended the rule.<br /> <br /> Upon determination that an emergency exists, this bill authorizes the commission to consider and adopt an emergency rule with 48 hours' notice, with opportunity to comment; however, the usual rulemaking procedures provided in this compact and under the heading "Rulemaking" must be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to (i) meet an imminent threat to public health, safety, or welfare; (ii) prevent a loss of commission or member state funds; (iii) meet a deadline for the promulgation of a rule that is established by federal law or rule; or (iv) protect public health and safety.<br /> <br /> This bill authorizes the commission or an authorized committee of the commission to direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions must be posted on the website of the commission. The revision is subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, then the revision takes effect without further action. If the revision is challenged, then the revision does not take effect without the approval of the commission.<br /> <br /> This bill establishes that a member state's rulemaking requirements do not apply under this compact.<br /> <br /> OVERSIGHT<br /> <br /> This bill requires the executive and judicial branches of state government in each member state to enforce this compact and take all actions necessary and appropriate to implement this compact.<br /> <br /> Except as otherwise provided in this compact, venue is proper and judicial proceedings by or against the commission must be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing in this compact affects or limits the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.<br /> <br /> This bill establishes that the commission is entitled to receive service of process in any proceeding regarding the enforcement or interpretation of this compact and has standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process renders a judgment or order void as to the commission, this compact, or promulgated rules.<br /> <br /> DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION<br /> <br /> If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, then this bill requires the commission to provide written notice to the defaulting state. The notice of default must describe the default, the proposed means of curing the default, and any other action that the commission may take, and must offer training and specific technical assistance regarding the default. The commission must provide a copy of the notice of default to the other member states.<br /> <br /> If a state in default fails to cure the default, then this bill authorizes the termination of the defaulting state from this compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges, and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.<br /> <br /> This bill requires that termination of membership in this compact be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate must be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, the defaulting state's state licensing authority, and each of the member states' state licensing authority. <br /> <br /> This bill establishes that if a state has been terminated, then it is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. Upon the termination of a state's membership from this compact, this bill requires that state to immediately provide notice to all licensees within that state of such termination. The terminated state must continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of said notice of termination.<br /> <br /> This bill prohibits the commission from bearing any costs related to a state that is found to be in default or that has been terminated from this compact, unless agreed upon in writing between the commission and the defaulting state. <br /> <br /> This bill authorizes the defaulting state to appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees.<br /> <br /> DISPUTE RESOLUTION<br /> <br /> Upon request by a member state, this bill requires the commission to attempt to resolve disputes related to this compact that arise among member states and between member and non-member states. The commission must promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.<br /> <br /> ENFORCEMENT<br /> <br /> This bill authorizes the commission to initiate legal action against a member state in default, by majority vote as provided by rule, in the U.S District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with this compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees. The remedies in this compact are not the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state's law.<br /> <br /> This bill authorizes a member state to initiate legal action against the commission in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with this compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees.<br /> <br /> This bill prohibits a person, other than a member state, from enforcing this compact against the commission.<br /> <br /> EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT<br /> <br /> This compact comes into effect on the date on which this compact statute is enacted into law in the seventh member state.<br /> <br /> On or after the effective date of this compact, this bill requires the commission to convene and review the enactment of each of the first seven member states ("charter member states") to determine if the statute enacted by each such charter member state is materially different than the model compact statute. A charter member state whose enactment is found to be materially different from the model compact statute is entitled to the default process set forth under the heading "Enforcement," above. If any member state is later found to be in default, or is terminated or withdraws from this compact, then the commission remains in existence and this compact remains in effect even if the number of member states should be less than seven.<br /> <br /> This bill establishes that member states enacting this compact subsequent to the seven initial charter member states are subject to the process set forth in (21) under the heading "Power of the Commission" to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in this compact.<br /> <br /> All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of this compact prior to the effective date of this compact or the commission coming into existence are considered to be actions of the commission unless specifically repudiated by the commission.<br /> <br /> This bill establishes that any state that joins this compact subsequent to the commission's initial adoption of the rules and bylaws is subject to the rules and bylaws as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission has the full force and effect of law on the day this compact becomes law in that state.<br /> <br /> This bill authorizes any member state to withdraw from this compact by enacting a statute repealing the same. A member state's withdrawal does not take effect until 180 days after enactment of the repealing statute. Withdrawal does not affect the continuing requirement of the withdrawing state's licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal. Upon the enactment of a statute withdrawing from this compact, this bill requires a state to immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state must continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.<br /> <br /> This bill prohibits anything contained in this compact from being construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with this compact. This bill authorizes member states to amend the compact. An amendment to this compact does not become effective and binding upon any member state until it is enacted into the laws of all member states.<br /> <br /> CONSTRUCTION<br /> <br /> This bill authorizes the commission to deny a state's participation in this compact or terminate a member state's participation in this compact if it determines that a constitutional requirement of a member state is a material departure from this compact. Otherwise, if this compact is held to be contrary to the constitution of any member state, then this compact must remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.<br /> <br /> CONSISTENT EFFECT AND CONFLICT WITH OTHER STATES<br /> <br /> This bill requires a licensee providing services in a remote state under a multistate authorization to practice to adhere to the laws and regulations, including laws, regulations, and applicable standards, of the remote state where the client is located at the time care is rendered. This compact does not prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with this compact. Any laws, statutes, regulations, or other legal requirements in a member state in conflict with this compact are superseded to the extent of the conflict. All permissible agreements between the commission and the member states are binding in accordance with their terms.<br /> <br /> ON MARCH 14, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2134, AS AMENDED.<br /> <br /> AMENDMENT #1 makes the following changes to the bill:<br /> <br /> (1) Authorizes the department of health, in consultation with the board of social work licensure, to promulgate rules to implement the bill; and<br /> <br /> (2) Requires the chair of the board of social work licensure to notify the chair of the government operations committee of the senate, the chair of the government operations committee of the house of representatives, and the revisor of statutes in the general assembly's office of legal services within 30 days of the date the compact comes into effect.<br />
ELIGIBILITY TO PARTICIPATE IN THE COMPACT<br /> <br /> This bill requires a potential member state to meet all of the following criteria to be eligible to participate in the compact:<br /> <br /> (1) License and regulate the practice of social work at either the clinical, master's, or bachelor's category;<br /> <br /> (2) Require applicants for licensure to graduate from a program that is (i) operated by a college or university recognized by the licensing authority; (ii) accredited, or in candidacy by an institution that subsequently becomes accredited, by an accrediting agency recognized by either: (i) the Council for Higher Education Accreditation, or its successor; or (ii) the U.S. department of education; and (iii) corresponds to the licensure sought as outlined under the heading "Social Worker Participation in the Compact";<br /> <br /> (3) Require applicants for clinical licensure to complete a period of supervised practice; and<br /> <br /> (4) Have a mechanism in place for receiving, investigating, and adjudicating complaints about licensees.<br /> <br /> CRITERIA FOR MAINTAINING MEMBERSHIP IN THE COMPACT<br /> <br /> This bill requires the member state to do the following to maintain membership in the compact:<br /> <br /> (1) Require that applicants for a multistate license pass a qualifying national exam for the corresponding category of multistate license sought as outlined under the heading "Social Worker Participation in the Compact";<br /> <br /> (2) Participate fully in the data system of the government agency whose membership consists of all states that have enacted this compact ("commission"), including using the commission's unique identifier as defined in rules;<br /> <br /> (3) Notify the commission, in compliance with the terms of this compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee;<br /> <br /> (4) Implement procedures for considering the criminal history records of applicants for a multistate license. Such procedures must include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the FBI and the agency responsible for retaining that state's criminal records;<br /> <br /> (5) Comply with the rules of the commission;<br /> <br /> (6) Require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable home state laws;<br /> <br /> (7) Authorize a licensee holding a multistate license in any member state to practice in accordance with the terms of this compact and rules of the commission; and<br /> <br /> (8) Designate a delegate to participate in the commission meetings.<br /> <br /> MULTISTATE LICENSES<br /> <br /> This bill requires a member state meeting the requirements of participating and maintaining membership in the compact to designate the categories of social work licensure that are eligible for issuance of a multistate license for applicants in such member state. To the extent that any member state does not meet the requirements for participation in this compact at any particular category of social work licensure, such member state may choose, but is not obligated to, issue a multistate license to applicants that otherwise meets the requirements licensure under this bill for issuance of a multistate license in such category or categories of licensure. This bill authorizes the home state to charge a fee for granting the multistate license.<br /> <br /> SOCIAL WORKER PARTICIPATION IN THE COMPACT<br /> <br /> To be eligible for a multistate license under this compact, this bill requires an applicant, regardless of category, to do the following:<br /> <br /> (1) Hold or be eligible for an active, unencumbered license in the home state;<br /> <br /> (2) Pay any applicable fees, including any state fee, for the multistate license;<br /> <br /> (3) Submit, in connection with an application for a multistate license, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the FBI and the agency responsible for retaining that state's criminal records;<br /> <br /> (4) Notify the home state of any adverse action, encumbrance, or restriction on any professional license taken by any member state or non-member state within 30 days from the date the action is taken;<br /> <br /> (5) Meet any continuing competence requirements established by the home state; and<br /> <br /> (6) Abide by the laws, regulations, and applicable standards in the member state where the client is located at the time care is rendered.<br /> <br /> REQUIREMENTS FOR CLINICAL-CATEGORY LICENSE<br /> <br /> This bill requires an applicant for a clinical-category multistate license to fulfill a competency requirement, attain at least a master's degree in social work from a program, and fulfill a practice requirement.<br /> <br /> REQUIREMENTS FOR MASTER'S-CATEGORY MULTISTATE LICENSE<br /> <br /> This bill requires an applicant for a master's-category multistate license to fulfill a competency requirement and attain at least a master's degree in social work from a program.<br /> <br /> REQUIREMENTS FOR BACHELOR'S-CATEGORY MULTISTATE LICENSE<br /> <br /> This bill requires an applicant for a bachelor's-category multistate license to fulfill a competency requirement and attain at least a bachelor's degree in social work from a program.<br /> <br /> LICENSE RENEWAL REQUIREMENTS<br /> <br /> The multistate license for a regulated social worker is subject to the renewal requirements of the home state. This bill requires the regulated social worker to maintain compliance with the requirements listed under the heading "Social Worker Participation in the Compact" to be eligible to renew a multistate license.<br /> <br /> REMOTE STATES<br /> <br /> This bill establishes that the regulated social worker's services in a remote state are subject to that member state's regulatory authority. A remote state may, in accordance with due process and that member state's laws, remove a regulated social worker's multistate authorization to practice in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens.<br /> <br /> ENCUMBERED LICENSE<br /> <br /> This bill requires that if a multistate license is encumbered, then the regulated social worker's multistate authorization to practice must be deactivated in all remote state until the multistate license is no longer encumbered.<br /> <br /> This bill authorizes, if a multistate authorization to practice is encumbered in a remote state, the regulated social worker's multistate authorization to practice to be deactivated in that state until the multistate authorization to practice is no longer encumbered.<br /> <br /> ISSUANCE OF A MULTISTATE LICENSE<br /> <br /> Upon receipt of an application for multistate license, this bill requires the home state licensing authority to determine the applicant's eligibility for a multistate license in accordance with this bill.<br /> <br /> If such applicant is eligible, then the home state licensing authority must issue a multistate license that authorizes the applicant or regulated social worker to practice in all member states under a multistate authorization to practice.<br /> <br /> Upon issuance of a multistate license, this bill requires the home state licensing authority to designate whether the regulated social worker holds a multistate license in the bachelors, masters, or clinical category of social work.<br /> <br /> This bill requires that a multistate license issued by a home state to a resident in that state be recognized by all compact member states as authorizing social work practice under a multistate authorization to practice corresponding to each category of licensure regulated in each member state.<br /> <br /> AUTHORITY OF INTERSTATE COMPACT COMMISSION AND MEMBER STATE LICENSING AUTHORITIES<br /> <br /> This bill prohibits anything in this compact, or any rule of the commission, from being construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of social work in that state, where those laws, regulations, or other rules are not inconsistent with this compact.<br /> <br /> This bill clarifies that nothing in this compact affects the requirements established by a member state for the issuance of a single state license.<br /> <br /> This bill prohibits anything in this compact, or any rule of the commission, from being construed to limit, restrict, or in any way reduce the ability of a member state to take adverse action against a licensee's single state license to practice social work in that state.<br /> <br /> This bill prohibits anything in this compact, or any rule of the commission, from being construed to limit, restrict, or in any way reduce the ability of a remote state to take adverse action against a licensee's multistate authorization to practice in that state.<br /> <br /> This bill prohibits anything in this compact, or any rule of the commission, from being construed to limit, restrict, or in any way reduce the ability of a licensee's home state to take adverse action against a licensee's multistate license based upon information provided by a remote state.<br /> <br /> REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE<br /> <br /> This bill authorizes a licensee to hold a multistate license, issued by their home state, in only one member state at any given time. If a licensee changes their home state by moving between two member states, then:<br /> <br /> (1) This bill requires the licensee to immediately apply for the reissuance of their multistate license in their new home state. The licensee must pay all applicable fees and notify the prior home state in accordance with the rules of the commission;<br /> <br /> (2) Upon receipt of an application to reissue a multistate license, this bill requires the new home state to verify that the multistate license is active, unencumbered, and eligible for reissuance under the terms of this compact and the rules of the commission. The multistate license issued by the prior home state must be deactivated and all member states notified in accordance with the applicable rules adopted by the commission;<br /> <br /> (3) Prior to the reissuance of the multistate license, this bill requires the new home state to conduct procedures for considering the criminal history records of the licensee. Such procedures must include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the FBI and the agency responsible for retaining that state's criminal records;<br /> <br /> (4) If required for initial licensure, this bill authorizes the new home state to require completion of jurisprudence requirements in the new home state; and<br /> <br /> (5) This bill establishes that if a licensee does not meet the requirements set forth in this compact for the reissuance of a multistate license by the new home state, then the licensee is subject to the new home state requirements for the issuance of a single state license in that state.<br /> <br /> If a licensee changes their primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, then the licensee is subject to the state requirements for the issuance of a single state license in the new home state.<br /> <br /> This bill does not prohibit a licensee's ability to hold a single state license in multiple states; however, for the purposes of this compact, a licensee must have only one home state and only one multistate license.<br /> <br /> Nothing in this compact interferes with the requirements established by a member state for the issuance of a single state license.<br /> <br /> MILITARY FAMILIES<br /> <br /> This bill requires an active military member or their spouse to designate a home state where the individual has a multistate license. The individual may retain their home state designation during the period the service member is on active duty.<br /> <br /> ADVERSE ACTIONS<br /> <br /> In addition to the other powers conferred by state law, a remote state has the authority, in accordance with existing state due process law, to:<br /> <br /> (1) Take adverse action against a regulated social worker's multistate authorization to practice only within that member state, and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing licensing authority must pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located; and<br /> <br /> (2) Only the home state has the power to take adverse action against a regulated social worker's multistate license.<br /> <br /> For purposes of taking adverse action, the home state must give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state must apply its own state laws to determine appropriate action.<br /> <br /> This bill requires the home state to complete any pending investigations of a regulated social worker who changes their home state during the course of the investigations. The home state also has the authority to take appropriate actions and must promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system must promptly notify the new home state of any adverse actions.<br /> <br /> This bill authorizes a member state, if otherwise permitted by state law, to recover from the affected regulated social worker the costs of investigations and dispositions of cases resulting from any adverse action taken against that regulated social worker.<br /> <br /> This bill authorizes a member state to take adverse action based on the factual findings of another member state; however, the member state follows its own procedures for taking the adverse action.<br /> <br /> JOINT INVESTIGATIONS<br /> <br /> In addition to the authority granted to a member state by its respective social work practice act or other applicable state law, this bill authorizes any member state to participate with other member states in joint investigations of licensees. This bill requires member states to share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact.<br /> <br /> This bill establishes that if adverse action is taken by the home state against the multistate license of a regulated social worker, then the regulated social worker's multistate authorization to practice in all other member states is deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against the license of a regulated social worker must include a statement that the regulated social worker's multistate authorization to practice is deactivated in all member states until all conditions of the decision, order, or agreement are satisfied.<br /> <br /> If a member state takes adverse action, then this bill requires the member state to promptly notify the administrator of the data system. The administrator of the data system must promptly notify the home state and all other member states of any adverse actions by remote states.<br /> <br /> However, this bill does not (i) override a member state's decision that participation in an alternative program may be used in lieu of adverse action; (ii) authorize a member state to demand the issuance of subpoenas for attendance and testimony of witnesses or the production of evidence from another member state for lawful actions within that member state; or (iii) authorize a member state to impose discipline against a regulated social worker who holds a multistate authorization to practice for lawful actions within another member state.<br /> <br /> ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT<br /> <br /> With this bill, the compact member states create and establish a joint government agency whose membership consists of all member states that have enacted this compact, known as the social work licensure compact commission. The commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one state. The commission comes into existence on or after the effective date of this compact.<br /> <br /> MEMBERSHIP, VOTING, AND MEETINGS<br /> <br /> This bill establishes that each member state has and is limited to one delegate selected by that member state's state licensing authority. The delegate must be either: (i) a current member of the state licensing authority at the time of appointment, who is a regulated social worker or public member of the state licensing authority; or (ii) an administrator of the state licensing authority or their designee.<br /> <br /> This bill requires the commission to by rule or bylaw establish a term of office for delegates and may by rule or by law establish term limits.<br /> <br /> This bill authorizes the commission to recommend removal or suspension of any delegate from office.<br /> <br /> This bill requires a member state's state licensing authority to fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy.<br /> <br /> This bill entitles each delegate to one vote on all matters before the commission requiring a vote by commission delegates.<br /> <br /> This bill requires a delegate to vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet by telecommunication, videoconference, or other means of communication.<br /> <br /> This bill requires the commission to meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference, or other similar electronic means.<br /> <br /> POWERS OF THE COMMISSION<br /> <br /> This bill provides that the commission has the following powers:<br /> <br /> (1) Establish the fiscal year of the commission;<br /> <br /> (2) Establish code of conduct and conflict of interest policies;<br /> <br /> (3) Establish and amend rules and bylaws;<br /> <br /> (4) Maintain its financial records in accordance with the bylaws;<br /> <br /> (5) Meet and take such actions as are consistent with this compact, the commission's rules, and the bylaws;<br /> <br /> (6) Initiate and conclude legal proceedings or actions in the name of the commission, if the standing of any state licensing board to sue or be sued under applicable law is not affected;<br /> <br /> (7) Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission's behalf;<br /> <br /> (8) Purchase and maintain insurance and bonds;<br /> <br /> (9) Borrow, accept, or contract for services of personnel, including employees of a member state;<br /> <br /> (10) Conduct an annual financial review;<br /> <br /> (11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;<br /> <br /> (12) Assess and collect fees;<br /> <br /> (13) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; but at all times, the commission must avoid any appearance of impropriety or conflict of interest;<br /> <br /> (14) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;<br /> <br /> (15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;<br /> <br /> (16) Establish a budget and make expenditures;<br /> <br /> (17) Borrow money;<br /> <br /> (18) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;<br /> <br /> (19) Provide and receive information from, and cooperate with, law enforcement agencies;<br /> <br /> (20) Establish and elect an executive committee, including a chair and a vice chair;<br /> <br /> (21) Determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in this compact; and<br /> <br /> (22) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.<br /> <br /> EXECUTIVE COMMITTEE<br /> <br /> The executive committee has the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee include:<br /> <br /> (A) Oversee the day-to-day activities of the administration of this compact, including enforcement and compliance with this compact, its rules, and bylaws, and other such duties as deemed necessary;<br /> <br /> (B) Recommend to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees;<br /> <br /> (C) Ensure compact administration services are appropriately provided, including by contract;<br /> <br /> (D) Prepare and recommend the budget;<br /> <br /> (E) Maintain financial records on behalf of the commission;<br /> <br /> (F) Monitor compact compliance of member states and provide compliance reports to the commission;<br /> <br /> (G) Establish additional committees as necessary;<br /> <br /> (H) Exercise the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and<br /> <br /> (I) Other duties as provided in the rules or bylaws of the commission.<br /> <br /> EXECUTIVE COMMITTEE COMPOSITION<br /> <br /> The executive committee is composed of up to 11 members, including (i) the chair and vice chair of the commission are voting members of the executive committee; (ii) the commission must elect five voting members from the current membership of the commission; (iii) up to four ex officio, nonvoting members must be selected from four recognized national social work organizations; and (iv) the ex-officio members must be selected by their respective organizations.<br /> <br /> This bill authorizes the commission to remove any member of the executive committee as provided in the commission's bylaws.<br /> <br /> This bill requires the executive committee to meet at least annually. Executive committee meetings must be open to the public, except that the executive committee may meet in a closed, non-public meeting. The executive committee must give seven days' notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the commission. The executive committee may hold a special meeting.<br /> <br /> This bill requires the commission to adopt and provide to the member states an annual report.<br /> <br /> MEETINGS OF THE COMMISSION<br /> <br /> This bill requires that all meetings be open to the public, except that the commission may meet in a closed, non-public meeting as explained under the heading "Closed Meetings of the Commission," below. Public notice for all meetings of the full commission of meetings must be given in the same manner as required under the rulemaking provisions described under the heading "Rulemaking," below; however, this bill authorizes the commission to hold a special meeting when it must meet to conduct emergency business by giving 48 hours' notice to all commissioners, on the commission's website, and by other means as provided in the commission's rules. The commission's legal counsel must certify that the commission's need to meet qualifies as an emergency.<br /> <br /> CLOSED MEETINGS OF THE COMMISSION<br /> <br /> This bill authorizes the commission or the executive committee or other committees of the commission to convene in a closed, non-public meeting for the commission or executive committee or other committees of the commission to receive legal advice or to discuss:<br /> <br /> (A) Non-compliance of a member state with its obligations under this compact;<br /> <br /> (B) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees;<br /> <br /> (C) Current or threatened discipline of a licensee by the commission or by a member state's licensing authority;<br /> <br /> (D) Current, threatened, or reasonably anticipated litigation;<br /> <br /> (E) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;<br /> <br /> (F) Accusing any person of a crime or formally censuring any person;<br /> <br /> (G) Trade secrets or commercial or financial information that is privileged or confidential;<br /> <br /> (H) Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;<br /> <br /> (I) Investigative records compiled for law enforcement purposes;<br /> <br /> (J) Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this compact;<br /> <br /> (K) Matters specifically exempted from disclosure by federal or member state law; or<br /> <br /> (L) Other matters as promulgated by the commission by rule.<br /> <br /> If a meeting, or portion of a meeting, is closed, then this bill requires the presiding officer to state that the meeting will be closed and reference each relevant exempting provision, and such reference must be recorded in the minutes.<br /> <br /> This bill requires the commission to keep minutes that fully and clearly describe all matters discussed in a meeting and provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action must be identified in such minutes. All minutes and documents of a closed meeting must remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.<br /> <br /> FINANCING OF THE COMMISSION<br /> <br /> This bill requires the commission to pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. The commission may accept any and all appropriate revenue sources as provided in (13) under the heading "Powers of the Commission."<br /> <br /> This bill authorizes the commission to levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states must be allocated based upon a formula that the commission promulgates by rule.<br /> <br /> This bill prohibits the commission incurring obligations of any kind prior to securing the funds adequate to meet the same, nor must the commission pledge the credit of any of the member states, except by and with the authority of the member state.<br /> <br /> This bill requires the commission to keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission are subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review must be included in and become part of the annual report of the commission.<br /> <br /> QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION<br /> <br /> This bill establishes that the members, officers, executive director, employees, and representatives of the commission are immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; however, nothing in this provision must be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission must not in any way compromise or limit the immunity granted in this provision.<br /> <br /> This bill requires the commission to defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; however, nothing in this provision must be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.<br /> <br /> This bill requires the commission to indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; if the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.<br /> <br /> This bill prohibits anything in this compact from being construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which is governed solely by any other applicable state laws.<br /> <br /> This bill prohibits anything in this compact from being interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation. Nothing in this compact must be construed to be a waiver of sovereign immunity by the member states or by the commission.<br /> <br /> DATA SYSTEM<br /> <br /> This bill requires the commission to provide for the development, maintenance, operation, and utilization of a coordinated data system. The commission must assign each applicant for a multistate license a unique identifier, as determined by the rules of the commission.<br /> <br /> This bill requires a member state to submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including (i) identifying information; (ii) licensure data; (iii) adverse actions against a license and information related thereto; (iv) non-confidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under member state law; (v) any denial of application for licensure and the reasons for such denial; (vi) the presence of current significant investigative information; and (vii) other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.<br /> <br /> This bill establishes that records and information provided to a member state pursuant to this compact or through the data system, when certified by the commission or an agent thereof, constitute the authenticated business records of the commission, and are entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state.<br /> <br /> Current significant investigative information pertaining to a licensee in any member state must only be available to other member states.<br /> <br /> This bill establishes that it is the responsibility of the member states to report any adverse action against a licensee and to monitor the database to determine whether adverse action has been taken against a licensee. Adverse action information pertaining to a licensee in any member state must be available to any other member state.<br /> <br /> This bill authorizes member states contributing information to the data system to designate information that must not be shared with the public without the express permission of the contributing state. Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information must be removed from the data system.<br /> <br /> RULEMAKING<br /> <br /> This bill requires the commission to promulgate reasonable rules in order to effectively and efficiently implement and administer this compact. A rule is invalid and has no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of this compact, or the powers granted under this compact, or based upon another applicable standard of review.<br /> <br /> This bill establishes that the rules of the commission have the force of law in each member state; however, where the rules of the commission conflict with the laws of the member state that establish the member state's laws, regulations, and applicable standards that govern the practice of social work as held by a court of competent jurisdiction, the rules of the commission are ineffective in that state to the extent of the conflict.<br /> <br /> This bill requires the commission to exercise its rulemaking powers pursuant to the criteria set forth and the rules adopted under the heading "Rulemaking." Rules become binding on the day following adoption or the date specified in the rule or amendment, whichever is later.<br /> <br /> This bill establishes that if a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt this compact within four years of the date of adoption of the rule, then such rule has no further force and effect in any member state.<br /> <br /> This bill requires that rules be adopted at a regular or special meeting of the commission. Prior to adoption of a proposed rule, the commission must hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments. Also prior to adoption of a proposed rule by the commission, and at least 30 days in advance of the meeting at which the commission will hold a public hearing on the proposed rule, the commission must provide a notice of proposed rulemaking: (i) on the website of the commission or other publicly accessible platform; (ii) to persons who have requested notice of the commission's notices of proposed rulemaking; and (iii) in such other ways as the commission may by rule specify.<br /> <br /> This bill requires the notice of proposed rulemaking to include:<br /> <br /> (1) The time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the commission will consider and vote on the proposed rule;<br /> <br /> (2) If the hearing is held via telecommunication, video conference, or other electronic means, the mechanism for access to the hearing in the notice of proposed rulemaking;<br /> <br /> (3) The text of the proposed rule and the reason for the proposed rule;<br /> <br /> (4) A request for comments on the proposed rule from any interested person; and<br /> <br /> (5) The manner in which interested persons may submit written comments.<br /> <br /> This bill requires that all hearings be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule must be available to the public. However, rules may be grouped for the convenience of the commission at hearings required by this bill.<br /> <br /> This bill requires the commission to, by majority vote of all members, take final action on the proposed rule based on the rulemaking record and the full text of the rule. The commission may adopt changes to the proposed rule if the changes do not enlarge the original purpose of the proposed rule. The commission must provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters. This bill requires the commission to determine a reasonable effective date for the rule. Except for an emergency, the effective date of the rule must be no sooner than 30 days after issuing the notice that it adopted or amended the rule.<br /> <br /> Upon determination that an emergency exists, this bill authorizes the commission to consider and adopt an emergency rule with 48 hours' notice, with opportunity to comment; however, the usual rulemaking procedures provided in this compact and under the heading "Rulemaking" must be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to (i) meet an imminent threat to public health, safety, or welfare; (ii) prevent a loss of commission or member state funds; (iii) meet a deadline for the promulgation of a rule that is established by federal law or rule; or (iv) protect public health and safety.<br /> <br /> This bill authorizes the commission or an authorized committee of the commission to direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions must be posted on the website of the commission. The revision is subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, then the revision takes effect without further action. If the revision is challenged, then the revision does not take effect without the approval of the commission.<br /> <br /> This bill establishes that a member state's rulemaking requirements do not apply under this compact.<br /> <br /> OVERSIGHT<br /> <br /> This bill requires the executive and judicial branches of state government in each member state to enforce this compact and take all actions necessary and appropriate to implement this compact.<br /> <br /> Except as otherwise provided in this compact, venue is proper and judicial proceedings by or against the commission must be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing in this compact affects or limits the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.<br /> <br /> This bill establishes that the commission is entitled to receive service of process in any proceeding regarding the enforcement or interpretation of this compact and has standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process renders a judgment or order void as to the commission, this compact, or promulgated rules.<br /> <br /> DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION<br /> <br /> If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, then this bill requires the commission to provide written notice to the defaulting state. The notice of default must describe the default, the proposed means of curing the default, and any other action that the commission may take, and must offer training and specific technical assistance regarding the default. The commission must provide a copy of the notice of default to the other member states.<br /> <br /> If a state in default fails to cure the default, then this bill authorizes the termination of the defaulting state from this compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges, and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.<br /> <br /> This bill requires that termination of membership in this compact be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate must be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, the defaulting state's state licensing authority, and each of the member states' state licensing authority. <br /> <br /> This bill establishes that if a state has been terminated, then it is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. Upon the termination of a state's membership from this compact, this bill requires that state to immediately provide notice to all licensees within that state of such termination. The terminated state must continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of said notice of termination.<br /> <br /> This bill prohibits the commission from bearing any costs related to a state that is found to be in default or that has been terminated from this compact, unless agreed upon in writing between the commission and the defaulting state. <br /> <br /> This bill authorizes the defaulting state to appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees.<br /> <br /> DISPUTE RESOLUTION<br /> <br /> Upon request by a member state, this bill requires the commission to attempt to resolve disputes related to this compact that arise among member states and between member and non-member states. The commission must promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.<br /> <br /> ENFORCEMENT<br /> <br /> This bill authorizes the commission to initiate legal action against a member state in default, by majority vote as provided by rule, in the U.S District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with this compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees. The remedies in this compact are not the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state's law.<br /> <br /> This bill authorizes a member state to initiate legal action against the commission in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with this compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees.<br /> <br /> This bill prohibits a person, other than a member state, from enforcing this compact against the commission.<br /> <br /> EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT<br /> <br /> This compact comes into effect on the date on which this compact statute is enacted into law in the seventh member state.<br /> <br /> On or after the effective date of this compact, this bill requires the commission to convene and review the enactment of each of the first seven member states ("charter member states") to determine if the statute enacted by each such charter member state is materially different than the model compact statute. A charter member state whose enactment is found to be materially different from the model compact statute is entitled to the default process set forth under the heading "Enforcement," above. If any member state is later found to be in default, or is terminated or withdraws from this compact, then the commission remains in existence and this compact remains in effect even if the number of member states should be less than seven.<br /> <br /> This bill establishes that member states enacting this compact subsequent to the seven initial charter member states are subject to the process set forth in (21) under the heading "Power of the Commission" to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in this compact.<br /> <br /> All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of this compact prior to the effective date of this compact or the commission coming into existence are considered to be actions of the commission unless specifically repudiated by the commission.<br /> <br /> This bill establishes that any state that joins this compact subsequent to the commission's initial adoption of the rules and bylaws is subject to the rules and bylaws as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission has the full force and effect of law on the day this compact becomes law in that state.<br /> <br /> This bill authorizes any member state to withdraw from this compact by enacting a statute repealing the same. A member state's withdrawal does not take effect until 180 days after enactment of the repealing statute. Withdrawal does not affect the continuing requirement of the withdrawing state's licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal. Upon the enactment of a statute withdrawing from this compact, this bill requires a state to immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state must continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.<br /> <br /> This bill prohibits anything contained in this compact from being construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with this compact. This bill authorizes member states to amend the compact. An amendment to this compact does not become effective and binding upon any member state until it is enacted into the laws of all member states.<br /> <br /> CONSTRUCTION<br /> <br /> This bill authorizes the commission to deny a state's participation in this compact or terminate a member state's participation in this compact if it determines that a constitutional requirement of a member state is a material departure from this compact. Otherwise, if this compact is held to be contrary to the constitution of any member state, then this compact must remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.<br /> <br /> CONSISTENT EFFECT AND CONFLICT WITH OTHER STATES<br /> <br /> This bill requires a licensee providing services in a remote state under a multistate authorization to practice to adhere to the laws and regulations, including laws, regulations, and applicable standards, of the remote state where the client is located at the time care is rendered. This compact does not prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with this compact. Any laws, statutes, regulations, or other legal requirements in a member state in conflict with this compact are superseded to the extent of the conflict. All permissible agreements between the commission and the member states are binding in accordance with their terms.<br /> <br /> ON MARCH 14, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2134, AS AMENDED.<br /> <br /> AMENDMENT #1 makes the following changes to the bill:<br /> <br /> (1) Authorizes the department of health, in consultation with the board of social work licensure, to promulgate rules to implement the bill; and<br /> <br /> (2) Requires the chair of the board of social work licensure to notify the chair of the government operations committee of the senate, the chair of the government operations committee of the house of representatives, and the revisor of statutes in the general assembly's office of legal services within 30 days of the date the compact comes into effect.<br />
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