House File 2512 - Enrolled
House File 2512
AN ACT
ENACTING THE SOCIAL WORK LICENSURE COMPACT.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 147I.1 Social work licensure
2 compact.
3 1. Purpose. The purpose of this compact is to facilitate
4 interstate practice of regulated social workers by improving
5 public access to competent social work services. The compact
6 preserves the regulatory authority of states to protect
7 public health and safety through the current system of state
8 licensure. The compact is designed to achieve the following
9 objectives:
10 a. Increase public access to social work services.
11 b. Reduce overly burdensome and duplicative requirements
12 associated with holding multiple licenses.
13 c. Enhance the member states’ ability to protect the
14 public’s health and safety.
15 d. Encourage the cooperation of member states in regulating
16 multistate practice.
17 e. Promote mobility and address workforce shortages by
18 eliminating the necessity for licenses in multiple states by
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19 providing for the mutual recognition of other member state
20 licenses.
21 f. Support military families.
22 g. Facilitate the exchange of licensure and disciplinary
23 information among member states.
24 h. Authorize all member states to hold a regulated social
25 worker accountable for abiding by a member state’s laws,
26 regulations, and applicable professional standards in the
27 member state in which the client is located at the time care is
28 rendered.
29 i. Allow for the use of telehealth to facilitate increased
30 access to regulated social work services.
31 2. Definitions. As used in this compact, and except as
32 otherwise provided, the following definitions shall apply:
33 a. “Active military member” means any individual with
34 full-time duty status in the active armed forces of the United
35 States including members of the national guard and reserve.
1 b. “Adverse action” means any administrative, civil,
2 equitable, or criminal action permitted by a state’s laws
3 which is imposed by a licensing authority or other authority
4 against a regulated social worker, including actions against an
5 individual’s license or multistate authorization to practice
6 such as revocation, suspension, probation, monitoring of the
7 licensee, limitation on the licensee’s practice, or any other
8 encumbrance on licensure affecting a regulated social worker’s
9 authorization to practice, including issuance of a cease and
10 desist action.
11 c. “Alternative program” means a nondisciplinary monitoring
12 or practice remediation process approved by a licensing
13 authority to address practitioners with an impairment.
14 d. “Charter member states” means member states who
15 have enacted legislation to adopt this compact where such
16 legislation predates the effective date of this compact as
17 described in subsection 14.
18 e. “Compact commission” or “commission” means the government
19 agency whose membership consists of all states that have
20 enacted this compact, which is known as the social work
21 licensure compact commission, as described in subsection 10,
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22 and which shall operate as an instrumentality of the member
23 states.
24 f. “Current significant investigative information” means any
25 of the following:
26 (1) Investigative information that a licensing authority,
27 after a preliminary inquiry that includes notification and an
28 opportunity for the regulated social worker to respond, has
29 reason to believe is not groundless and, if proved true, would
30 indicate more than a minor infraction as may be defined by the
31 commission.
32 (2) Investigative information that indicates that the
33 regulated social worker represents an immediate threat to
34 public health and safety, as may be defined by the commission,
35 regardless of whether the regulated social worker has been
1 notified and has had an opportunity to respond.
2 g. “Data system” means a repository of information about
3 licensees, including continuing education, examination,
4 licensure, current significant investigative information,
5 disqualifying event, multistate license, and adverse
6 action information, or other information as required by the
7 commission.
8 h. “Disqualifying event” means any adverse action or
9 incident which results in an encumbrance that disqualifies or
10 makes the licensee ineligible to either obtain, retain, or
11 renew a multistate license.
12 i. “Domicile” means the jurisdiction in which the licensee
13 resides and intends to remain indefinitely.
14 j. “Encumbrance” means a revocation or suspension of, or
15 any limitation on, the full and unrestricted practice of social
16 work licensed and regulated by a licensing authority.
17 k. “Executive committee” means a group of delegates elected
18 or appointed to act on behalf of, and within the powers granted
19 to them by, the compact and commission.
20 l. “Home state” means the member state that is the
21 licensee’s primary domicile.
22 m. “Impairment” means a condition that may impair a
23 practitioner’s ability to engage in full and unrestricted
24 practice as a regulated social worker without some type of
25 intervention and may include alcohol and drug dependence,
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26 mental health impairment, and neurological or physical
27 impairments.
28 n. “Licensee” means an individual who currently holds a
29 license from a state to practice as a regulated social worker.
30 o. “Licensing authority” means the board or agency of
31 a member state, or equivalent, that is responsible for the
32 licensing and regulation of regulated social workers.
33 p. “Member state” means a state, commonwealth, district, or
34 territory of the United States that has enacted this compact.
35 q. “Multistate authorization to practice” means a legally
1 authorized privilege to practice, which is equivalent to a
2 license, associated with a multistate license permitting the
3 practice of social work in a remote state.
4 r. “Multistate license” means a license to practice as
5 a regulated social worker issued by a home state licensing
6 authority that authorizes the regulated social worker to
7 practice in all member states under multistate authorization
8 to practice.
9 s. “Qualifying national exam” means a national licensing
10 examination approved by the commission.
11 t. “Regulated social worker” means any clinical, master’s,
12 or bachelor’s social worker licensed by a member state
13 regardless of the title used by that member state.
14 u. “Remote state” means a member state other than the
15 licensee’s home state.
16 v. “Rule” or “rule of the commission” means a regulation or
17 regulations duly promulgated by the commission, as authorized
18 by the compact, that has the force of law.
19 w. “Single state license” means a social work license issued
20 by any state that authorizes practice only within the issuing
21 state and does not include multistate authorization to practice
22 in any member state.
23 x. “Social work” or “social work services” means the
24 application of social work theory, knowledge, methods, ethics,
25 and the professional use of self to restore or enhance social,
26 psychosocial, or biopsychosocial functioning of individuals,
27 couples, families, groups, organizations, and communities
28 through the care and services provided by a regulated social
29 worker as set forth in the member state’s statutes and
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30 regulations in the state where the services are being provided.
31 y. “State” means any state, commonwealth, district, or
32 territory of the United States that regulates the practice of
33 social work.
34 z. “Unencumbered license” means a license that authorizes a
35 regulated social worker to engage in the full and unrestricted
1 practice of social work.
2 3. State participation in the compact.
3 a. To be eligible to participate in the compact, a potential
4 member state must currently meet all of the following:
5 (1) License and regulate the practice of social work at
6 either the clinical, master’s, or bachelor’s category.
7 (2) Require applicants for licensure to graduate from a
8 program that is all of the following:
9 (a) Operated by a college or university recognized by the
10 licensing authority.
11 (b) Accredited, or in candidacy by an institution that
12 subsequently becomes accredited, by an accrediting agency
13 recognized by either of the following:
14 (i) The council on higher education accreditation or its
15 successor.
16 (ii) The United States department of education.
17 (c) Corresponding to the licensure sought under subsection
18 4.
19 (3) Require applicants for clinical licensure to complete a
20 period of supervised practice.
21 (4) Have a mechanism in place for receiving, investigating,
22 and adjudicating complaints about licensees.
23 b. To maintain membership in the compact, a member state
24 shall do all of the following:
25 (1) Require that applicants for a multistate license pass
26 a qualifying national exam for the corresponding category of
27 multistate license sought under subsection 4.
28 (2) Participate fully in the commission’s data system,
29 including using the commission’s unique identifier as defined
30 in rules.
31 (3) Notify the commission, in compliance with the terms
32 of the compact and rules, of any adverse action or the
33 availability of current significant investigative information
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34 regarding a licensee.
35 (4) Implement procedures for considering the criminal
1 history records of applicants for a multistate license. Such
2 procedures shall include the submission of fingerprints or
3 other biometric-based information by applicants for the purpose
4 of obtaining an applicant’s criminal history record information
5 from the federal bureau of investigation and the agency
6 responsible for retaining that state’s criminal records.
7 (5) Comply with the rules of the commission.
8 (6) Require an applicant to obtain or retain a license
9 in the home state and meet the home state’s qualifications
10 for licensure or renewal of licensure, as well as all other
11 applicable home state laws.
12 (7) Authorize a licensee holding a multistate license in any
13 member state to practice in accordance with the terms of the
14 compact and the rules of the commission.
15 (8) Designate a delegate to participate in the commission
16 meetings.
17 c. A member state meeting the requirements of subsection
18 3, paragraphs “a” and “b”, shall designate the categories of
19 social work licensure that are eligible for issuance of a
20 multistate license for applicants in such member state. To the
21 extent that any member state does not meet the requirements
22 for participation in the compact at any particular category of
23 social work licensure, such member state may choose, but is not
24 obligated to, issue a multistate license to applicants that
25 otherwise meet the requirements of subsection 4 for issuance
26 of a multistate license in such category or categories of
27 licensure.
28 d. The home state may charge a fee for granting the
29 multistate license.
30 4. Social worker participation in the compact.
31 a. To be eligible for a multistate license under the terms
32 and provisions of the compact, an applicant, regardless of
33 category, must do all of the following:
34 (1) Hold or be eligible for an active, unencumbered license
35 in the home state.
1 (2) Pay any applicable fees, including any state fee, for
2 the multistate license.
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3 (3) Submit, in connection with an application for a
4 multistate license, fingerprints or other biometric data for
5 the purpose of obtaining criminal history record information
6 from the federal bureau of investigation and the agency
7 responsible for retaining that state’s criminal records.
8 (4) Notify the home state of any adverse action,
9 encumbrance, or restriction on any professional license taken
10 by any member state or nonmember state within thirty days from
11 the date the action is taken.
12 (5) Meet any continuing competence requirements established
13 by the home state.
14 (6) Abide by the laws, regulations, and applicable
15 standards in the member state where the client is located at
16 the time care is rendered.
17 b. An applicant for a clinical-category multistate license
18 must meet all of the following requirements:
19 (1) Fulfill a competency requirement, which shall be
20 satisfied by any of the following:
21 (a) Passage of a clinical-category qualifying national
22 exam.
23 (b) Licensure of the applicant in the applicant’s home
24 state at the clinical category, beginning prior to such time
25 as a qualifying national exam was required by the home state
26 and accompanied by a period of continuous social work licensure
27 thereafter, all of which may be further governed by the rules
28 of the commission.
29 (c) The substantial equivalency of the foregoing competency
30 requirements which the commission may determine by rule.
31 (2) Attain at least a master’s degree in social work from a
32 program that is all of the following:
33 (a) Operated by a college or university recognized by the
34 licensing authority.
35 (b) Accredited, or in candidacy that subsequently becomes
1 accredited, by an accrediting agency recognized by either of
2 the following:
3 (i) The council for higher education accreditation or its
4 successor.
5 (ii) The United States department of education.
6 (3) Fulfill a practice requirement, which shall be
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7 satisfied by demonstrating completion of any of the following:
8 (a) A period of postgraduate supervised clinical practice
9 equal to a minimum of three thousand hours.
10 (b) A minimum of two years of full-time postgraduate
11 supervised clinical practice.
12 (c) The substantial equivalency of the foregoing practice
13 requirements which the commission may determine by rule.
14 c. An applicant for a master’s-category multistate license
15 must meet all of the following requirements:
16 (1) Fulfill a competency requirement, which shall be
17 satisfied by any of the following:
18 (a) Passage of a master’s-category qualifying national
19 exam.
20 (b) Licensure of the applicant in the applicant’s home state
21 at the master’s category, beginning prior to such time as a
22 qualifying national exam was required by the home state at the
23 master’s category and accompanied by a continuous period of
24 social work licensure thereafter, all of which may be further
25 governed by the rules of the commission.
26 (c) The substantial equivalency of the foregoing competency
27 requirements which the commission may determine by rule.
28 (2) Attain at least a master’s degree in social work from a
29 program that is all of the following:
30 (a) Operated by a college or university recognized by the
31 licensing authority.
32 (b) Accredited, or in candidacy that subsequently becomes
33 accredited, by an accrediting agency recognized by either of
34 the following:
35 (i) The council for higher education accreditation or its
1 successor.
2 (ii) The United States department of education.
3 d. An applicant for a bachelor’s-category multistate license
4 must meet all of the following requirements:
5 (1) Fulfill a competency requirement, which shall be
6 satisfied by any of the following:
7 (a) Passage of a bachelor’s-category qualifying national
8 exam.
9 (b) Licensure of the applicant in the applicant’s home
10 state at the bachelor’s category, beginning prior to such time
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11 as a qualifying national exam was required by the home state
12 and accompanied by a period of continuous social work licensure
13 thereafter, all of which may be further governed by the rules
14 of the commission.
15 (c) The substantial equivalency of the foregoing competency
16 requirements which the commission may determine by rule.
17 (2) Attain at least a bachelor’s degree in social work from
18 a program that is all of the following:
19 (a) Operated by a college or university recognized by the
20 licensing authority.
21 (b) Accredited, or in candidacy that subsequently becomes
22 accredited, by an accrediting agency recognized by either of
23 the following:
24 (i) The council for higher education accreditation or its
25 successor.
26 (ii) The United States department of education.
27 e. The multistate license for a regulated social worker is
28 subject to the renewal requirements of the home state. The
29 regulated social worker must