APPROVED CHAPTER
APRIL 26, 2024 674
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
H.P. 1364 - L.D. 2140
An Act to Enact the Interstate Social Work Licensure Compact
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA c. 83, sub-c. 5 is enacted to read:
SUBCHAPTER 5
SOCIAL WORK LICENSURE COMPACT
§7081. Short title
This subchapter may be known and cited as "the Social Work Licensure Compact."
§7082. Purpose and objectives
1. Purpose. The purpose of this compact is to facilitate the interstate practice of
regulated social work 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.
2. Objectives. The compact is designed to achieve the following objectives:
A. Increase public access to social work services;
B. Reduce overly burdensome and duplicative requirements associated with holding
multiple licenses;
C. Enhance the member states' ability to protect the public's health and safety;
D. Encourage the cooperation of member states in regulating multistate practice;
E. 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;
F. Support military families;
G. Facilitate the exchange of licensure and disciplinary information among member
states;
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H. Authorize all member states to hold a regulated social worker accountable for
abiding by a member state's laws, rules, regulations and applicable professional
standards in the member state in which the client is located at the time care is rendered;
and
I. Allow for the use of telehealth to facilitate increased access to regulated social work
services.
§7083. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Active duty military. "Active duty military" means full-time duty status in the
active uniformed service of the United States, including members of the National Guard
and Reserves of the United States Armed Forces on active duty orders pursuant to 10
United States Code, Chapters 1209 and 1211.
2. Adverse action. "Adverse action" means any administrative, civil, equitable or
criminal action permitted by a state's laws that 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.
3. Alternative program. "Alternative program" means a nondisciplinary monitoring
or practice remediation process approved by a licensing authority to address practitioners
with an impairment.
4. Charter member state. "Charter member state" means a member state that has
enacted legislation to adopt this compact when the legislation predates the effective date of
this compact as described in section 7095.
5. Commission. "Commission" means the government agency whose membership
consists of all states that have enacted this compact, as described in section 7091, and that
operates as an instrumentality of the member states.
6. Current significant investigative information. "Current significant investigative
information" means:
A. 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; or
B. Investigative information that indicates that a 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.
7. Data system. "Data system" means a repository of information about licensees,
including continuing education, examination, licensure, current significant investigative
information, disqualifying events, multistate licenses and adverse action information or
other information as required by the commission.
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8. Disqualifying event. "Disqualifying event" means any adverse action or incident
that results in an encumbrance that disqualifies or makes a licensee ineligible to obtain,
retain or renew a multistate license.
9. Domicile. "Domicile" means the jurisdiction in which a licensee resides and intends
to remain indefinitely.
10. Encumbrance. "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.
11. Executive committee. "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.
12. Home state. "Home state" means the member state that is a licensee's primary
domicile.
13. Impairment. "Impairment" means any condition 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.
14. Licensee. "Licensee" means an individual who holds a license from a state to
practice as a regulated social worker.
15. Licensing authority. "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.
16. Member state. "Member state" means a state that has enacted this compact.
17. Multistate authorization to practice. "Multistate authorization to practice"
means a legally authorized privilege to practice that is equivalent to a license and is
associated with a multistate license permitting the practice of social work in a remote state.
18. Multistate license. "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 a multistate authorization to practice.
19. Qualifying national examination. "Qualifying national examination" means a
national licensing examination approved by the commission.
20. Regulated social worker. "Regulated social worker" means a clinical, master's
or bachelor's social worker licensed by a member state regardless of the title used by that
member state.
21. Remote state. "Remote state" means a member state other than a licensee's home
state.
22. Rule or rule of commission. "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.
23. Single-state license. "Single-state license" means a social work license issued by
any state that authorizes practice only within the issuing state and does not include a
multistate authorization to practice in any member state.
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24. Social work or social work services. "Social work" or "social work services"
means the application of social work theory, knowledge, methods and 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.
25. State. "State" means any state, commonwealth, district or territory of the United
States that regulates the practice of social work.
26. Unencumbered license. "Unencumbered license" means a license that authorizes
a regulated social worker to engage in the full and unrestricted practice of social work.
§7084. State participation in compact
1. Participation requirements. To be eligible to participate in the compact, a
potential member state must:
A. License and regulate the practice of social work at the clinical, master's or bachelor's
category;
B. Require applicants for licensure to graduate from a program that is:
(1) Operated by a college or university recognized by the licensing authority; and
(2) Accredited, or in candidacy by an institution that subsequently becomes
accredited, by an accrediting agency recognized by either the Council for Higher
Education Accreditation, or its successor organization, or the United States
Department of Education and corresponds to the licensure sought as outlined in
section 7085;
C. Require applicants for clinical licensure to complete a period of supervised practice;
and
D. Have a mechanism in place for receiving, investigating and adjudicating complaints
about licensees.
2. Duties. To maintain membership in the compact, a member state must:
A. Require that applicants for a multistate license pass a qualifying national
examination for the corresponding category of multistate license sought as outlined in
section 7085;
B. Participate fully in the commission's data system, including using the commission's
unique identifier as defined in rules;
C. 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;
D. Implement procedures for considering the criminal history records of applicants for
a multistate license, including procedures for 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;
E. Comply with the rules of the commission;
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F. Require an applicant to obtain or retain a license in the home state and meet the
home state's qualifications for licensure or renewal of licensure, as well as all other
applicable home state laws;
G. 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; and
H. Designate a delegate to participate in commission meetings.
3. Issuance of multistate license. A member state meeting the requirements of
subsections 1 and 2 shall designate the categories of social work licensure that are eligible
for issuance of a multistate license for applicants in that member state. To the extent that
a member state does not meet the requirements for participation in the compact with respect
to any particular category of social work licensure, that member state may choose to issue
a multistate license to applicants that otherwise meet the requirements of section 7085 for
issuance of a multistate license in that category of licensure.
4. Fee. A home state may charge a fee for granting a multistate license.
§7085. Social worker participation in compact
1. Minimum requirements. To be eligible for a multistate license under the terms
and provisions of the compact, an applicant, regardless of category, must:
A. Hold or be eligible for an active, unencumbered license in the home state;
B. Pay any applicable fees, including any state fee, for the multistate license;
C. Submit, in connection with an application for the 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;
D. 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;
E. Meet any continuing competence requirements established by the home state; and
F. Abide by the laws, rules, regulations and applicable standards in the member state
where the client is located at the time care is rendered.
2. Clinical-category requirements. An applicant for a clinical-category multistate
license shall:
A. Fulfill a competency requirement, which must be satisfied by:
(1) Passage of a clinical-category qualifying national examination;
(2) Licensure of the applicant in the applicant's home state at the clinical category,
beginning prior to the time a qualifying national examination 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; or
(3) The substantial equivalency of the competency requirements in subparagraphs
(1) and (2) that the commission may determine by rule;
B. Attain at least a master's degree in social work from a program that is:
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(1) Operated by a college or university recognized by the licensing authority; and
(2) Accredited, or in candidacy by an institution that subsequently becomes
accredited, by an accrediting agency recognized by either the Council for Higher
Education Accreditation, or its successor organization, or the United States
Department of Education; and
C. Fulfill a practice requirement, which must be satisfied by demonstrating completion
of:
(1) A period of postgraduate supervised clinical practice equal to a minimum of
3,000 hours;
(2) A minimum of 2 years of full-time postgraduate supervised clinical practice;
or
(3) The substantial equivalency of the practice requirements in subparagraphs (1)
and (2) that the commission may determine by rule.
3. Master's-category requirements. An applicant for a master's-category multistate
license shall:
A. Fulfill a competency requirement, which must be satisfied by:
(1) Passage of a master's-category qualifying national examination;
(2) Licensure of the applicant in the applicant's home state at the master's category,
beginning prior to the time a qualifying national examination was required by the
home state at the master's category and accompanied by a continuous period of
social work licensure thereafter, all of which may be further governed by the rules
of the commission; or
(3) The substantial equivalency of the competency requirements in subparagraphs
(1) and (2) that the commission may determine by rule; and
B. Attain at least a master's degree in social work from a program that is:
(1) Operated by a college or university recognized by the licensing authority; and
(2) Accredited, or in candidacy by an institution that subsequently becomes
accredited, by an accrediting agency recognized by either the Council for Higher
Education Accreditation, or its successor organization, or the United States
Department of Education.
4. Bachelor's category requirements. An applicant for a bachelor's-category
multistate license shall:
A. Fulfill a competency requirement, which must be satisfied by:
(1) Passage of a bachelor's-category qualifying national examination;
(2) Licensure of the applicant in the applicant's home state at the bachelor's
category, beginning prior to the time a qualifying national examination 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; or
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(3) The substantial equivalency of the competency requirements in subparagraphs
(1) and (2) that the commission may determine by rule; and
B. Attain at least a bachelor's degree in social work from a program that is:
(1) Operated by a college or university recognized by the licensing authority; and
(2) Accredited, or in candidacy by an institution that subsequently becomes
accredited, by an accrediting agency recognized by either the Council for Higher
Education Accreditation, or its successor organization, or the United States
Department of Education.
5. Renewal. A 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 subsection 1 to be eligible to renew a multistate license.
6. Remote state authority. A 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.<