A bill for an act
relating to health occupations; creating a social work services interstate compact;
proposing coding for new law in Minnesota Statutes, chapter 148E.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) 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.
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(b) This Compact is designed to achieve the following objectives:
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(1) increase public access to social work services;
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(2) reduce overly burdensome and duplicative requirements associated with holding
multiple licenses;
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(3) enhance the member states' ability to protect the public's health and safety;
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(4) encourage the cooperation of member states in regulating multistate practice;
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(5) 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;
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(6) support military families;
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(7) facilitate the exchange of licensure and disciplinary information among member
states;
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(8) 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; and
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(9) allow for the use of telehealth to facilitate increased access to regulated social work
services.
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As used in this Compact, and except as otherwise provided, the following definitions
shall apply:
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(1) "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.
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(2) "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.
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(3) "Alternative program" means a nondisciplinary monitoring or practice remediation
process approved by a licensing authority to address practitioners with an impairment.
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(4) "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 148E.53.
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(5) "Compact" means sections 148E.40 to 148E.55.
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(6) "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 148E.49, and which
shall operate as an instrumentality of the member states.
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(7) "Current significant investigative information" means:
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(i) 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
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(ii) 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.
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(8) "Data system" means a repository of information about licensees, including continuing
education, examinations, 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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(9) "Disqualifying event" means any adverse action or incident which results in an
encumbrance that disqualifies or makes the licensee ineligible to obtain, retain, or renew a
multistate license.
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(10) "Domicile" means the jurisdiction in which the licensee resides and intends to
remain indefinitely.
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(11) "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.
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(12) "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.
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(13) "Home state" means the member state that is the licensee's primary domicile.
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(14) "Impairment" means a 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.
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(15) "Licensee" means an individual who currently holds a license from a state to practice
as a regulated social worker.
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(16) "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.
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(17) "Member state" means a state, commonwealth, district, or territory of the United
States of America that has enacted this Compact.
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(18) "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.
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(19) "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.
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(20) "Qualifying national exam" means a national licensing examination approved by
the Commission.
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(21) "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.
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(22) "Remote state" means a member state other than the licensee's home state.
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(23) "Rule" or "rule of the Commission" means a regulation or regulations duly
promulgated by the Commission, as authorized by the Compact, that has the force of law.
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(24) "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