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<ns0:ActionText>INTRODUCED</ns0:ActionText>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
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<ns0:ActionDate>2025-04-09</ns0:ActionDate>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Jackson</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Jackson</ns0:Name>
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<ns0:Title>An act to amend Section 4996 of, and to add Article 6 (commencing with Section 4998.10) to Chapter 14 of Division 2 of, the Business and Professions Code, relating to healing arts.</ns0:Title>
<ns0:RelatingClause>healing arts</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Social workers: interstate compact.</ns0:Subject>
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<ns0:DigestText>
<html:p>Existing law, the Clinical Social Worker Practice Act, provides for the licensure and regulation of clinical social workers by the Board of Behavioral Sciences. Existing law requires the board to issue a clinical social worker license to each applicant who qualifies pursuant to the act and who successfully passes a California law and ethics examination and a clinical examination.</html:p>
<html:p>This bill would ratify and approve the Social Work Licensure Compact, which authorizes member states to issue multistate licenses to applicants meeting specified education and experience requirements. Under the compact, a multistate license grants the holder an authorization to practice in other member states. The compact provides for the creation of a commission and requires the board to select a delegate to serve on the commission. This bill would require the board
to comply with the requirements of the compact and to adopt regulations necessary to implement that compact.</html:p>
<html:p>Existing law prohibits an individual from styling themselves, or holding themselves out to be, a “licensed clinical social worker,” and makes it unlawful to engage in the practice of clinical social work unless they hold a license under the Clinical Social Worker Practice Act.</html:p>
<html:p>This bill would instead prohibit those acts unless they hold a license under the act or under the above-described compact.</html:p>
<html:p>This bill would become operative only upon certification by the Director of Consumer Affairs that a majority of the board has voted in favor of joining the compact and would require the director to notify the Secretary of State and the Legislative Counsel Bureau of the date of that certification.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 4996 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_81325281-5507-4C62-B892-41505F5371D5">
<ns0:Num>4996.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Only individuals who have received a license under this chapter may style themselves as “Licensed Clinical Social Workers.” Every individual who styles themselves or who holds themselves out to be a licensed clinical social worker, or who uses any words or symbols indicating or tending to indicate that they are a licensed clinical social worker, without holding their license in good standing under this article, is guilty of a misdemeanor.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is unlawful for any person to engage in the practice of clinical social work unless at the time of so doing such person holds a valid, unexpired, and unrevoked license under this chapter.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A clinical social worker licensed under this chapter is a licentiate for purposes of paragraph (2) of subdivision (a) of Section 805, and thus is a health care practitioner subject to the provisions of Section 2290.5 pursuant to subdivision (b) of that section.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A person holds a license under this chapter if they satisfy either of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The person holds a license under this article.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person holds a multistate license or multistate authorization to practice under the Social Work Licensure Compact as set forth in Article 6 (commencing with Section 4998.10).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision shall become operative only upon certification by the Director of Consumer Affairs as set forth in subdivision (b) of Section 4998.20.
</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
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Article 6 (commencing with Section 4998.10) is added to Chapter 14 of Division 2 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
, to read:
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<ns0:LawHeading id="id_2E5A8E9D-A801-4244-BE58-B803819FAC42" type="ARTICLE">
<ns0:Num>6.</ns0:Num>
<ns0:LawHeadingVersion id="id_ACCA7FEB-7294-47C6-BAD6-6725907FCA77">
<ns0:LawHeadingText>Social Work Licensure Compact</ns0:LawHeadingText>
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<ns0:LawSection id="id_3991349D-A62F-43EB-89F5-8C4700B1CF2B">
<ns0:Num>4998.10.</ns0:Num>
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<html:p>The Social Work Licensure Compact, as set forth in Section 4998.15, is hereby ratified and approved.</html:p>
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</ns0:LawSection>
<ns0:LawSection id="id_9DE37957-F14B-4F95-9A63-73EC2D3056B9">
<ns0:Num>4998.15.</ns0:Num>
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<ns0:Content>
<html:p>The provisions of the Social Work Licensure Compact between the State of California and other states that are party to the compact are as follows:</html:p>
<html:p>Section 1: Purpose</html:p>
<html:p>The purpose of this compact is to facilitate interstate practice of regulated social workers by improving public access to competent social work services. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.</html:p>
<html:p>This compact is designed to achieve the following objectives:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Increase public access to social work
services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Reduce overly burdensome and duplicative requirements associated with holding multiple licenses.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Enhance the member states’ ability to protect the public health and safety.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Encourage the cooperation of member states in regulating multistate practice.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Promote mobility and address workforce shortages by eliminating the necessity for licenses in multiple states by providing for the mutual recognition of other member state licenses.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Support military families.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Facilitate the exchange of licensure and
disciplinary information among member states.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Authorize all member states to hold a regulated social worker accountable for abiding by a member state’s laws, regulations, and applicable professional standards in the member state in which the client is located at the time care is rendered.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Allow for the use of telehealth to facilitate increased access to regulated social work services.
</html:p>
<html:p>Section 2: Definitions</html:p>
<html:p>As used in this compact, and except as otherwise provided, the following definitions shall apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Active military member” means any individual with full-time duty status in the active armed forces of the United States
including members of the National Guard and Reserve.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing authority or other authority against a regulated social worker, including actions against an individual’s license or multistate authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a regulated social worker’s authorization to practice, including issuance of a cease and desist action.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Alternative program” means a nondisciplinary monitoring or practice remediation process approved by a licensing authority to address practitioners with an impairment.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Charter member states” means member states who have enacted legislation to adopt this compact where such legislation predates the effective date of this compact as described in Section 14.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Compact commission” or “commission” means the government agency whose membership consists of all states that have enacted this compact, which is known as the Social Work Licensure Compact Commission, as described in Section 10, and which shall operate as an instrumentality of the member states.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Current significant investigative information” means either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Investigative information that a licensing authority, after a preliminary
inquiry that includes notification and an opportunity for the regulated social worker to respond has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction as may be defined by the commission.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Investigative information that indicates that the regulated social worker represents an immediate threat to public health and safety, as may be defined by the commission, regardless of whether the regulated social worker has been notified and has had an opportunity to respond.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Data system” means a repository of information about licensees, including continuing education, examination, licensure, current significant investigative information, disqualifying event, multistate license, and adverse action information, or other information
as required by the commission.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Disqualifying event” means any adverse action or incident which results in an encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain, or renew a multistate license.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Domicile” means the jurisdiction in which the licensee resides and intends to remain indefinitely.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
“Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of social work licensed and regulated by a licensing authority.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
“Executive committee” means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the compact and
commission.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
“Home state” means the member state that is the licensee’s primary domicile.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
“Impairment” means a condition or conditions that may impair a practitioner’s ability to engage in full and unrestricted practice as a regulated social worker without some type of intervention and may include alcohol and drug dependence, mental health impairment, and neurological or physical impairments.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
“Licensee” means an individual who currently holds a
license from a state to practice as a regulated social worker.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
“Licensing authority” means the board or agency of a member state, or equivalent, that is responsible for the licensing and regulation of regulated social workers.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
“Member state” means a state, commonwealth, district, or territory of the United States of America that has enacted this compact.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
“Multistate authorization to practice” means a legally authorized privilege to practice, which is equivalent to a license, associated with a multistate license permitting the practice of social work in a remote state.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
“Multistate license” means a license to practice as a regulated
social worker issued by a home state licensing authority that authorizes the regulated social worker to practice in all member states under multistate authorization to practice.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
“Qualifying national exam” means a national licensing examination approved by the commission.
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
“Regulated social worker” means any clinical, master’s, or bachelor’s social worker licensed by a member state regardless of the title used by that member state.
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
“Remote state” means a member state other than the licensee’s home state.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
“Rule” or “rule of the commission” means a regulation duly promulgated by the commission, as authorized by the compact, that has the force of
law.
</html:p>
<html:p>
(w)
<html:span class="EnSpace"/>
“Single state license” means a social work license issued by any state that authorizes practice only within the issuing state
and does not include multistate authorization to practice in any member state.
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
“Social work” or “social work services” means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities through the care and services provided by a regulated social worker as set forth in the member state’s statutes and regulations in the state where the services are being provided.
</html:p>
<html:p>
(y)
<html:span class="EnSpace"/>
“State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of social work.
</html:p>
<html:p>
(z)
<html:span class="EnSpace"/>
“Unencumbered license” means a license that authorizes a regulated social worker to engage in the full and unrestricted
practice of social work.
</html:p>
<html:p>Section 3: State Participation in the Compact</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
To be eligible to participate in the compact, a potential member state must currently meet all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
License and regulate the practice of social work at either the clinical, master’s, or bachelor’s category.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Require applicants for licensure to graduate from a program that meets all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Operated by a college or university recognized by the licensing authority.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Accredited, or in candidacy by an institution that subsequently
becomes accredited, by an accredited agency recognized by either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The Council for Higher Education Accreditation or its successor.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The United States Department of Education.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Corresponds to the licensure sought as outlined in Section 4.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Require applicants for clinical licensure to complete a period of supervised practice.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Have a mechanism in place for receiving, investigating, and adjudicating complaints about licensees.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
To maintain membership in the compact, a member state shall meet all of
the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Require that applicants for a multistate license pass a qualifying national exam for the corresponding category of multistate license sought as outlined in Section 4.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Participate fully in the commission’s data system, including using the commission’s unique identifier as defined in rules.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Implement procedures for considering the criminal history records of applicants for a multistate license. Such procedures shall 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 Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Comply with the rules of the commission.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
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 other applicable home state laws.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Authorize a licensee holding a multistate license in any member state to practice in accordance with the terms of the compact and rules of the commission.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Designate a delegate to participate in the commission meetings.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A member state meeting the requirements of subdivisions (a) and (b) of this section shall 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 the 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 meet the requirements of Section 4 for issuance of a multistate license in such category or categories of licensure.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The home state may charge a fee for granting the multistate license.
</html:p>
<html:p>Section 4: Social Worker Participation in the Compact</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
To be eligible for a multistate license under the terms and provisions of the compact, an applicant, regardless of category, shall meet all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Hold or be eligible for an active, unencumbered license in the home state.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Pay any applicable fees, including any state fee, for the multistate license.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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 Federal Bureau of Investigation and the agency responsible
for retaining that state’s criminal records.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notify the home state of any adverse action, encumbrance, or restriction on any professional license taken by any member state or nonmember state within 30 days from the date the action is taken.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Meet any continuing competence requirements established by the home state.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Abide by the laws, regulations, and applicable standards in the member state where the client is located at the time care is rendered.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An applicant for a clinical-category multistate license must meet all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Fulfill a competency
requirement, which shall be satisfied by any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Passage of a clinical-category qualifying national exam.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Licensure of the applicant in their home state at the clinical category, beginning prior to the time a qualifying national exam was required by the home state and accompanied by a period of continuous social work licensure thereafter, all of which may be further governed by the rules of the commission.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The substantial equivalency of subparagraphs (A) or (B), which the commission may determine by rule.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Attain at least a master’s degree in social work from a program that meets both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Operated by a college or university recognized by the licensing authority.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The Council for Higher Education Accreditation or its successor.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The United States Department of Education.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Fulfill a practice requirement, which shall be satisfied by demonstrating completion of any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A period of postgraduate supervised clinical practice equal to a minimum of three thousand
hours.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A minimum of two years of full-time postgraduate supervised clinical practice.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The substantial equivalency of subparagraphs (A) or (B), which the commission may determine by rule.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An applicant for a master’s-category multistate license must meet all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Fulfill a competency requirement, which shall be satisfied by any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Passage of a master’s-category qualifying national exam.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Licensure of the applicant in their home state at the clinical category, beginning prior to
the time a qualifying national exam was required by the home state and accompanied by a period of continuous social work licensure thereafter, all of which may be further governed by the rules of the commission.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The substantial equivalency of subparagraphs (A) or (B), which the commission may determine by rule.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Attain at least a master’s degree in social work from a program that meets both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Operated by a college or university recognized by the licensing authority.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The Council for Higher Education Accreditation or its successor.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The United States Department of Education.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Fulfill a practice requirement, which shall be satisfied by demonstrating completion of any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A period of postgraduate supervised clinical practice equal to a minimum of three thousand hours.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A minimum of two years of full-time postgraduate supervised clinical practice.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The substantial equivalency of subparagraphs (A) or (B), which the commission may determine by rule.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An applicant for a bachelor’s-category multistate license must meet all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Fulfill a competency requirement, which shall be satisfied by any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Passage of a bachelor’s-category qualifying national exam.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Licensure of the applicant in their home state at the clinical category, beginning prior to the time a qualifying national exam was required by the home state and accompanied by a period of continuous social work licensure thereafter, all of which may be further governed by the rules of the commission.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The substantial equivalency of subparagraphs
(A) or (B), which the commission may determine by rule.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Attain at least a bachelor’s degree in social work from a program that meets both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Operated by a college or university recognized by the licensing authority.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The Council for Higher Education Accreditation or its successor.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The United States Department of Education.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The multistate license for a regulated
social worker is subject to the renewal requirements of the home state. The regulated social worker must maintain compliance with the requirements of subdivision (a) to be eligible to renew a multistate license.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If a multistate license is encumbered, the regulated social worker’s multistate authorization to practice shall be deactivated in all remote states
until the multistate license is no longer encumbered.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If a multistate authorization to practice is encumbered in a remote state, the regulated social worker’s multistate authorization to practice may be deactivated in that state until the multistate authorization to practice is no longer encumbered.
</html:p>
<html:p>Section 5: Issuance of a Multistate License</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Upon receipt of an application for multistate license, the home state licensing authority shall determine the applicant’s eligibility for a multistate license in accordance with Section 4 of this compact.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If such applicant is eligible pursuant to Section 4 of this compact, the home state licensing authority shall issue a multistate license
that authorizes the applicant or regulated social worker to practice in all member states under a multistate authorization to practice.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Upon issuance of a multistate license, the home state licensing authority shall designate whether the regulated social worker holds a multistate license in the bachelor’s, master’s, or clinical category of social work.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A multistate license issued by a home state to a resident in that state shall 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.
</html:p>
<html:p>Section 6: Authority of Interstate Compact Commission and Member State Licensing Authorities</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Nothing in this compact, nor any rule of the commission, shall be 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 the provisions of this compact.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state
license.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Nothing in this compact, nor any rule of the commission, shall be 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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Nothing in this compact, nor any rule of the commission, shall be 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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Nothing in this compact, nor any rule of the commission, shall be 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.
</html:p>
<html:p>Section 7: Reissuance of a Multistate License by a New Home State</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
A licensee can hold a multistate license, issued by their home state, only in one member state at any given time.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If a licensee changes their home state by moving between two member states, all of the following shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The licensee shall immediately apply for the reissuance of their multistate license in their new home state. The licensee shall pay all applicable fees and notify the prior home state in accordance with the rules of the commission.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upon receipt of
an application to reissue a multistate license, the new home state shall verify that the multistate license is active, unencumbered, and eligible for reissuance under the terms of the compact and the rules of the commission. The multistate license issued by the prior home state will be deactivated and all member states notified in accordance with the applicable rules adopted by the commission.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Prior to the reissuance of the multistate license, the new home state shall conduct procedures for considering the criminal history records of the licensee. Such procedures shall include the submission of fingerprints or other biometric-based information by the applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal
records.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If required for initial licensure, the new home state may require completion of jurisprudence requirements in the new home state.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this compact, 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 shall be subject to the new home state requirements for the issuance of a single state license in that state.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If a licensee changes their primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, then the licensee shall be subject to the state requirements for the issuance of a single state license
in the new home state.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Nothing in this compact shall interfere with a licensee’s ability to hold a single state license in multiple states; however, for the purposes of this compact, a licensee shall have only one home state and only one multistate license.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Nothing in this compact shall interfere with the requirements established by a member state for the issuance of a single state license.
</html:p>
<html:p>Section 8: Military Families</html:p>
<html:p>An active military member or their spouse shall 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.</html:p>
<html:p>Section
9: Adverse Actions</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
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 shall 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 shall 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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Only the home state shall have the power to take adverse action against a regulated social worker’s multistate license.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of taking adverse action, the home state shall 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 shall apply its own state laws to determine appropriate action.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The home state shall complete any pending investigations of a regulated
social worker who changes their home state during the course of the investigations. The home state shall also have the authority to take appropriate actions and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A member state, if otherwise permitted by state law, may 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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A member state may take adverse action based on the factual findings of another member state, provided that the member state follows its own procedures for taking the adverse action.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Joint investigations:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
In addition to the authority granted to a member state by its respective social work practice act or other applicable state law, any member state may participate with other member states in joint investigation of licensees.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If adverse action is taken by the home state against the multistate license of a regulated social worker, the regulated social worker’s multistate authorization to practice in all other member states shall be 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 shall 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.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state and all other member states of any adverse actions by remote states.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Nothing in this compact shall 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.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Nothing in this compact shall 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.
</html:p>
<html:p>Section 10: Establishment of Social Work Licensure Compact Commission</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the 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 shall come into existence on or after the effective date of the compact as set forth in Section 14.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Membership, Voting, and Meetings
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Each member state shall have and be limited to one delegate selected by that member state’s state licensing authority.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The delegate shall be either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An administrator of the state licensing authority or their designee.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The commission may recommend removal or suspension of any delegate from office.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A member state’s state licensing authority shall fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Each delegate shall be entitled to one vote on all matters before the commission requiring a vote by commission delegates.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet by telecommunications, videoconference, or other means of
communication.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The commission shall 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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The commission shall have the following powers:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Establish the fiscal year of the commission.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Establish code of conduct and conflict of interest policies.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Establish and amend rules and bylaws.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Maintain its financial records in accordance with the bylaws.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Meet and take such actions as are consistent with the provisions of this compact, the commission’s rules, and the bylaws.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Initiate and conclude legal proceedings or actions in the name of the commission, provided that the standing of any state licensing board to sue or be sued under applicable law shall not be affected.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Purchase and maintain insurance and bonds.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Borrow, accept, or contract for
services of personnel, including, but not limited to, employees of a member state.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Conduct an annual financial review.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Assess and collect fees.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispense of
the same; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
Establish a budget and make expenditures.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
Borrow money.
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer
representatives, and such other interested persons as may be designated in this compact and the bylaws.
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
Provide and receive information from, and cooperate with, law enforcement agencies.
</html:p>
<html:p>
(20)
<html:span class="EnSpace"/>
Establish and elect an executive committee, including a chair and a vice chair.
</html:p>
<html:p>
(21)
<html:span class="EnSpace"/>
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 the compact.
</html:p>
<html:p>
(22)
<html:span class="EnSpace"/>
Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Executive Committee
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The executive committee shall have 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 shall include:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Oversee the day-to-day activities of the administration of the compact, including enforcement and compliance with the provisions of the compact, its rules and bylaws, and other such duties as deemed necessary.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Ensure compact administration services are appropriately provided,
including by contract.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Prepare and recommend the budget.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Maintain financial records on behalf of the commission.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Monitor compact compliance of member states and provide compliance reports to the commission.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Establish additional committees as necessary.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Other
duties as provided in the rules or bylaws of the commission.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The executive committee shall be composed of up to 11 members:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The chair and vice chair of the commission shall be voting members of the executive committee.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The commission shall elect five voting members from the current membership of the commission.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Up to four ex officio, nonvoting members from four recognized national social work organizations.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The ex officio members will be selected by their respective organizations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The commission may remove
any member of the executive committee as provided in the commission’s bylaws.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The executive committee shall meet at least annually.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, nonpublic meeting as provided in paragraph (2) of subdivision (f).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The executive committee shall 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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The executive committee may hold a special meeting in accordance with subparagraph (B) of paragraph (1) of subdivision (f).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The Commission shall adopt and provide to the member states an annual report.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Meetings of the Commission
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
All meetings shall be open to the public, except that the commission may meet in a closed, nonpublic meeting as provided in paragraph (2).
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Public notice for all meetings of the full commission of meetings shall be given in the same manner as required under the rulemaking provisions in Section 12, except that the commission may hold a special meeting as provided in subparagraph (B).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The commission may 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 other means as provided in the commission’s rules. The commission’s legal counsel shall certify that the commission’s need to meet qualifies as an emergency.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting for the commission or executive committee or other committees of the commission to receive legal advice or discuss:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Noncompliance of a member state with its obligations under the compact.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The employment, compensation, discipline or other matters, practices or procedures related to specific employees.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Current or threatened discipline of a licensee by the commission or by a member state’s licensing authority.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Current, threatened, or reasonably anticipated litigation.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Accusing any person of a crime or formally censuring any person.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Trade secrets or commercial or financial information that is privileged or confidential.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Investigative records compiled for law enforcement purposes.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
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 the compact.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Matters specifically exempted from disclosure by federal or member state law.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
Other matters promulgated by the commission by rule.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the
minutes.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Financing of the Commission
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The commission may accept any and all appropriate revenue sources as provided in paragraph (13) of subdivision (c).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The commission may 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 shall be allocated based upon a formula that the commission shall promulgate by rule.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The commission shall not incur obligations of any kind prior to
securing the funds adequate to meet the same; nor shall the commission pledge the credits of any of the member states, except by and with the authority of the member state.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursement of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Qualified Immunity, Defense, and Indemnification
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The members, officers, executive director, employees, and representatives of the commission shall be 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; provided that nothing in this paragraph shall 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 shall not in any way compromise or limit the immunity granted hereunder.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The commission shall 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; provided that
nothing herein shall 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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The commission shall 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, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Nothing in this compact shall be 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.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the commission.
</html:p>
<html:p>Section 11: Data System</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The commission shall provide for the development, maintenance, operation, and utilization of a coordinated data system.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The commission shall assign each applicant for a multistate license a unique identifier, as determined by the rules of the commission.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding any other provision of state law to the contrary, a member state shall 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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Identifying information.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Licensure data.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Adverse actions against a
license and information related thereto.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Nonconfidential 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.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Any denial of application for licensure, and the reasons for such denial.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The presence of current significant investigative information.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The 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, shall constitute the authenticated business records of the commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Current significant investigative information pertaining to a licensee in any member state will only be available to other member states. 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 will be available to any other member state.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
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 shall be removed from the data system.
</html:p>
<html:p>Section 12: Rulemaking</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule shall be invalid and have 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 the compact, or the powers granted hereunder, or based upon another applicable standard of review.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The rules of the commission shall have the force of law in each member state, provided however that 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 shall be ineffective in that state to the extent of the conflict.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted
thereunder. Rules shall become binding on the day following adoption or the date specified in the rule or amendment, whichever is later.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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 the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Rules shall be adopted at a regular or special meeting of the commission.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Prior to adoption of a proposed rule by the commission, at least 30 days in advance of the meeting at which the commission will hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rulemaking:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
On the website of the commission or other publicly accessible platform.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To persons who have requested notice of the commission’s notices of proposed rulemaking.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In other such ways as the commission may by rule specify.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The notice of proposed rulemaking shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the hearing is held via telecommunication, video conference, or other electronic means, the commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The text of the proposed rule and the reason therefor.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A request for comments on the proposed rule from any interested person.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The manner in which interest persons may submit written
comments.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
All hearings will be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The commission shall, 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.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The commission may adopt changes to the proposed rule provided the changes do not enlarge the
original purpose of the proposed rule.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The commission shall 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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subdivision (l), the effective date of the rule shall be no sooner than 30 days after issuing the notice that it adopted or amended the rule.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Upon determination that an emergency exists, the commission may consider and adopt an emergency rule within 48 hours’ notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the
compact and in this section shall be retroactively applied to the rule as soon as reasonable 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 do any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Meet an imminent threat to public health, safety, or welfare.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Prevent a loss of commission or member state funds.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Meet a deadline for the promulgation of a rule that is established by federal law or rule.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Protect public health and safety.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
The commission or an authorized committee of the commission
may 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 shall be posted on the website of the commission. The revision shall be 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 shall be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
No member state’s rulemaking requirements shall apply under this compact.
</html:p>
<html:p>Section 13: Oversight, Dispute Resolution, and Enforcement</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Oversight
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement the compact.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except as otherwise provided in this compact, venue is proper and judicial proceedings by or against the commission shall 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 herein shall affect
or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact, or promulgated rules.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Default, Technical Assistance, and Termination
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
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, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the commission may take, and shall offer training and specific technical assistance regarding the default.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The commission shall provide a copy of the notice of default to the other member states.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If a state in default fails to cure the default, the defaulting state may be terminated from the 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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor of the defaulting state, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s state licensing authority, and each of the members of the member state’s state licensing authority.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A state that has been terminated 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.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Upon the termination of a state’s membership from this compact, that state shall immediately provide notice to all licensees within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of said notice of termination.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The
prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Dispute Resolution
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Enforcement
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
By majority vote as provided by rule, the commission may initiate legal action against a member state in default in the United States District
Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of 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 shall be awarded all costs of such litigation, including reasonable attorney’s fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state’s law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A member state may initiate legal action against the commission in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of 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 shall be awarded all costs of such litigation, including reasonable attorney’s fees.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
No person other than a member state shall enforce this compact against the commission.
</html:p>
<html:p>Section 14: Effective Date, Withdrawal, and Amendment</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
On or after the effective date of the compact, the commission shall convene and review the enactment of each of the first seven member states, known as charter member states,
to determine if the statute enacted by each such charter member state is materially different than the model compact statute.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in Section 13.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If any member state is later found to be in default, or is terminated or withdraws from the compact, the commission shall remain in existence and the compact shall remain in effect even if the number of member states should be less than seven.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Member states enacting the compact subsequent to the seven initial charter member states shall be subject to the process set forth in paragraph (21) of subdivision (c) of Section
10 to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered actions of the commission unless specifically repudiated by the commission.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Any state that joins the compact subsequent to the commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date in which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect
of law on the day the compact becomes law in that state.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Any member state may withdraw from this compact by enacting a statute repealing the same.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Withdrawal shall 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 effect date of withdrawal.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Upon enactment of a statute withdrawing from this compact, a state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any
subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
</html:p>
<html:p>Section 15: Construction and Severability</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
This compact and the commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission’s rulemaking authority solely for those purposes.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder
of this compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding subdivision (b), the commission may deny a state’s participation in the compact or, in accordance with the requirements of subdivision (b) of Section 13, terminate a member state’s participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member states affected as to all severable matters.
</html:p>
<html:p>Section 16: Consistent Effect and Conflict with Other State Laws</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
A licensee providing services in a remote state under a multistate authorization to practice shall 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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
All permissible agreements between the commission and the member states are binding in
accordance with their terms.
</html:p>
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<ns0:LawSection id="id_D76CD72E-69B6-4E2C-8AF3-FEAB382B2CBE">
<ns0:Num>4998.20.</ns0:Num>
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(a)
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The board shall comply with the requirements of the compact, as set forth in Section 4998.15, and shall adopt regulations necessary to implement the requirements of the compact.
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<html:p>
(b)
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This article shall become operative only upon certification by the Director of Consumer Affairs that a majority of the board has voted, during a regular meeting, in favor of joining the compact.
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<html:p>
(c)
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The director shall notify the Secretary of State and the Legislative Counsel Bureau of the date of that certification.
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