Florida Senate - 2024 SB 68



By Senator Rodriguez





40-00059-24 202468__
1 A bill to be entitled
2 An act relating to the Social Work Licensure Compact;
3 creating s. 491.019, F.S.; creating the Social Work
4 Licensure Compact; providing a purpose and objectives
5 of the compact; defining terms; specifying
6 requirements for state participation in the compact;
7 specifying requirements for member states to maintain
8 membership in the compact; requiring member states to
9 designate the categories of social work licensure
10 which are eligible for issuance of a multistate
11 license in such states; specifying criteria licensed
12 social workers must meet to be issued a multistate
13 license under the compact; providing additional
14 requirements based on the licensure category of such
15 social workers; providing for the renewal of
16 multistate licenses; specifying that a licensed social
17 worker’s services provided in a remote state are
18 subject to that member state’s regulatory authority;
19 authorizing remote states to act on a licensee’s
20 multistate authorization to practice; specifying the
21 consequences and parameters of practice for a licensee
22 whose multistate license or multistate authorization
23 to practice is encumbered; specifying procedures for
24 issuing multistate licenses; providing for the
25 recognition of multistate licenses in all member
26 states; providing construction; specifying that a
27 licensed social worker may hold a home state license
28 in only one member state at a time; specifying
29 requirements and procedures for reissuing a multistate
30 license by a new home state; providing construction;
31 authorizing active duty military personnel or their
32 spouses to keep their home state designation during
33 active duty; authorizing member states to take adverse
34 action against a licensee’s multistate authorization
35 to practice and to issue subpoenas for hearings and
36 investigations under certain circumstances; providing
37 requirements and procedures for such adverse action
38 and subpoenas; authorizing member states to recover
39 costs of investigations and depositions from the
40 affected licensed social workers in adverse actions;
41 authorizing member states to engage in joint
42 investigations under certain circumstances; providing
43 that a licensee’s multistate authorization to practice
44 must be deactivated in all member states for the
45 duration of an encumbrance imposed by the licensee’s
46 home state; providing for notice to the data system
47 and the licensee’s home state of any adverse action
48 taken against a licensee; providing construction;
49 establishing the Social Work Licensure Compact
50 Commission; providing for membership, meetings, and
51 powers of the commission; providing for powers,
52 duties, membership, and meetings of the commission’s
53 executive committee; requiring the commission to adopt
54 and provide annual reports to member states; providing
55 public notice and records requirements for meetings of
56 the commission; authorizing the commission to hold
57 closed, nonpublic meetings under certain
58 circumstances; providing for the financing of the
59 commission; providing commission members, officers,
60 executive directors, employees, and representatives
61 immunity from civil liability under certain
62 circumstances; providing construction; requiring the
63 commission to defend the commission’s members,
64 officers, executive directors, employees, and
65 representatives in civil actions under certain
66 circumstances; providing construction; requiring the
67 commission to indemnify and hold harmless such
68 individuals for any settlement or judgment obtained in
69 such actions under certain circumstances; providing
70 construction; providing for the development of the
71 data system, reporting procedures, and the exchange of
72 specified information between member states; requiring
73 member states to report any adverse action taken
74 against a licensee and monitor the data system for
75 adverse action taken against a licensee in other
76 member states; authorizing member states to designate
77 as confidential information provided to the data
78 system; requiring the commission to remove information
79 from the data system under certain circumstances;
80 providing rulemaking procedures for the commission,
81 including public notice and meeting requirements;
82 providing for member state enforcement of the compact;
83 providing for the jurisdiction and venue for court
84 proceedings brought against the commission; specifying
85 that the commission is entitled to receive service of
86 process, and has standing to intervene, in certain
87 judicial and administrative proceedings; rendering
88 certain judgments and orders void as to the
89 commission, the compact, or commission rules under
90 certain circumstances; providing for defaults,
91 technical assistance, and termination of compact
92 membership; providing procedures for the resolution of
93 certain disputes; providing for commission enforcement
94 of the compact; providing for remedies; providing that
95 only a member state may seek enforcement of the
96 compact against the commission; providing for
97 implementation of, withdrawal from, and amendment to
98 the compact; providing construction and severability;
99 specifying that licensees providing services in a
100 remote state under the compact must adhere to the laws
101 and rules of the remote state; providing construction;
102 amending s. 456.073, F.S.; requiring the Department of
103 Health to report certain investigative information to
104 the data system; amending s. 456.076, F.S.; requiring
105 monitoring contracts for impaired practitioners
106 participating in treatment programs to contain certain
107 terms; amending s. 491.004, F.S.; requiring the Board
108 of Clinical Social Work, Marriage and Family Therapy,
109 and Mental Health Counseling to appoint an individual
110 to serve as the state’s delegate on the commission;
111 amending ss. 491.005 and 491.006, F.S.; exempting
112 social workers practicing under the compact from
113 certain licensure requirements; amending s. 491.009,
114 F.S.; authorizing certain disciplinary action under
115 the compact for specified prohibited acts; amending s.
116 768.28, F.S.; designating the state delegate and other
117 members or employees of the commission as state agents
118 for the purpose of applying waivers of sovereign
119 immunity; requiring the commission to pay certain
120 claims or judgments; authorizing the commission to
121 maintain insurance coverage to pay such claims or
122 judgments; requiring the department to notify the
123 Division of Law Revision upon enactment of the compact
124 into law by seven states; providing a contingent
125 effective date.
126
127 Be It Enacted by the Legislature of the state of Florida:
128
129 Section 1. Section 491.019, Florida Statutes, is created to
130 read:
131 491.019 Social Work Licensure Compact.—The Social Work
132 Licensure Compact is hereby enacted and entered into by this
133 state with all other jurisdictions legally joining therein in
134 the form substantially as follows:
135 (1) PURPOSE.—The purpose of the compact is to facilitate
136 interstate practice of licensed social workers and improve
137 public access to competent social work services. The compact
138 preserves the regulatory authority of states to protect public
139 health and safety through the current system of state licensure.
140 The compact is designed to achieve the following objectives:
141 (a) Increase public access to social work services.
142 (b) Reduce overly burdensome and duplicative requirements
143 associated with holding multiple licenses.
144 (c) Enhance the member states’ ability to protect the
145 public’s health and safety.
146 (d) Encourage the cooperation of member states in
147 regulating multistate practice of licensed social workers.
148 (e) Promote mobility and address workforce shortages by
149 eliminating the necessity for licenses in multiple states
150 through the mutual recognition of other member state licenses.
151 (f) Support military families.
152 (g) Facilitate the exchange of licensure and disciplinary
153 information among member states.
154 (h) Authorize all member states to hold a licensed social
155 worker accountable for abiding by the laws, regulations, and
156 applicable professional standards in the member state in which
157 the client is located at the time care is rendered.
158 (i) Allow for the use of telehealth to facilitate increased
159 access to regulated social work services.
160 (2) DEFINITIONS.—As used in the compact, and except as
161 otherwise provided, the term:
162 (a) “Active military member” means any individual on full
163 time duty status in the active armed forces of the United
164 States, including members of the National Guard and Reserve.
165 (b) “Adverse action” means any administrative, civil,
166 equitable, or criminal action authorized by a state’s laws which
167 is imposed by a licensing authority or other authority against a
168 licensed social worker, including actions against an
169 individual’s license or multistate authorization to practice,
170 such as revocation, suspension, probation, monitoring of the
171 licensee, limitation on the licensee’s practice, or any other
172 encumbrance on licensure affecting a licensed social worker’s
173 authorization to practice, including issuance of a cease and
174 desist action.
175 (c) “Alternative program” means a nondisciplinary
176 monitoring or practice remediation process approved by a
177 licensing authority to address practitioners with an impairment.
178 (d) “Charter member state” means a member state that
179 enacted legislation to adopt the compact before the effective
180 date of the compact as provided in subsection (14).
181 (e) “Compact commission” or “commission” means the
182 administrative body whose membership consists of all states that
183 have enacted the compact, which is known as the Social Work
184 Licensure Compact Commission, and which operates as an
185 instrumentality of the member states.
186 (f) “Current significant investigative information” means:
187 1. Investigative information that a licensing authority,
188 after a preliminary inquiry that includes notification and an
189 opportunity for the licensed social worker to respond, has
190 reason to believe is not groundless and, if proved true, would
191 indicate more than a minor infraction as may be defined by the
192 commission; or
193 2. Investigative information that indicates that the
194 licensed social worker represents an immediate threat to public
195 health and safety, as defined by the commission, regardless of
196 whether the licensed social worker has been notified and has had
197 an opportunity to respond.
198 (g) “Data system” means a repository of information about
199 licensees, including, but not limited to, continuing education,
200 examination, licensure status, current significant investigative
201 information, disqualifying events, multistate licenses, adverse
202 action information, and other information required by the
203 commission.
204 (h) “Disqualifying event” means any adverse action or
205 incident that results in an encumbrance that disqualifies or
206 makes the licensee ineligible to obtain, retain, or renew a
207 multistate license.
208 (i) “Domicile” means the jurisdiction in which the licensee
209 resides and intends to remain indefinitely.
210 (j) “Encumbrance” means a revocation or suspension of, or
211 any limitation on, the full and unrestricted practice of social
212 work as licensed and regulated by a licensing authority.
213 (k) “Executive committee” means a group of delegates
214 elected or appointed to act on behalf of, and within the powers
215 granted to them by, the compact and commission.
216 (l) “Home state” means the member state that is the
217 licensee’s primary domicile.
218 (m) “Impairment” means a condition that may impair a
219 practitioner’s ability to engage in full and unrestricted
220 practice as a licensed social worker without some type of
221 intervention and may include, but is not limited to, alcohol and
222 drug dependence, a mental health impairment, or neurological or
223 physical impairments.
224 (n) “Licensed social worker” means any clinical, master’s,
225 or bachelor’s category social worker licensed by a member state
226 regardless of the title used by that member state.
227 (o) “Licensee” means an individual who currently holds a
228 license from a state to practice as a licensed social worker.
229 (p) “Licensing authority” means the board or agency of a
230 member state, or equivalent, which is responsible for the
231 licensing and regulation of licensed social workers.
232 (q) “Member state” means a state, commonwealth, district,
233 or territory of the United States of America which has enacted
234 the compact.
235 (r) “Multistate authorization to practice” means a legally
236 authorized privilege to practice which is equivalent to a
237 license associated with a multistate license authorizing the
238 practice of social work in a remote state.
239 (s) “Multistate license” means a license to practice as a
240 licensed social worker issued by a home state’s licensing
241 authority which authorizes the licensed social worker to
242 practice in all member states under the multistate authorization
243 to practice.
244 (t) “Qualifying national exam” means a national licensing
245 examination approved by the commission.
246 (u) “Remote state” means a member state other than the
247 licensee’s home state.
248 (v) “Rule” means a regulation adopted by the commission, as
249 authorized by the compact, which regulation has the force of
250 law.
251 (w) “Single-state license” means a license to practice
252 social work issued by any state which authorizes practice only
253 within the issuing state. The term does not include a multistate
254 authorization to practice in any member state.
255 (x) “Social work” or “social work services” means the
256 application of social work theory, knowledge, methods, and
257 ethics, and the professional use of self to restore or enhance
258 social, psychosocial, or biopsychosocial functioning of
259 individuals, couples, families, groups, organizations, and
260 communities through the care and services provided by a licensed
261 social worker as set forth in the member state’s statutes and
262 regulations in the state where the services are being provided.
263 (y) “State” means any state, commonwealth, district, or
264 territory of the United States of America which regulates the
265 practice of social work.
266 (z) “Unencumbered license” means a license that authorizes
267 a licensed social worker to engage in the full and unrestricted
268 practice of social work.
269 (3) STATE PARTICIPATION IN THE COMPACT.—
270 (a) To be eligible to participate in the compact, a
271 potential member state must meet all of the following criteria
272 at the time of joining the compact:
273 1. License and regulate the practice of social work in the
274 clinical, master’s, or bachelor’s categories.
275 2. Require applicants for licensure to graduate from a
276 program that:
277 a. Is operated by a college or university recognized by the
278 state’s licensing authority;
279 b. Is accredited, or in candidacy by an institution that
280 subsequently becomes accredited, by an accrediting agency
281 recognized by either:
282 (I) The Council for Higher Education Accreditation, or its
283 successor; or
284 (II) The United States Department of Education; and
285 c. Corresponds to the multistate license sought as outlined
286 in subsection (4).
287 3. Require applicants