FILED SENATE
Apr 6, 2023
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 718
SESSION 2023 PRINCIPAL CLERK
S D
SENATE BILL DRS35249-NBf-127
Short Title: Social Work Interstate Licensure Compact. (Public)
Sponsors: Senators Krawiec, Burgin, and Corbin (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO ESTABLISH AND ENTER INTO AN INTERSTATE COMPACT FOR THE
3 PRACTICE OF OCCUPATIONAL THERAPY.
4 The General Assembly of North Carolina enacts:
5 SECTION 1.(a) Chapter 90B of the General Statutes is amended by adding a new
6 Article 1 to be titled the "Social Worker Certification and Licensure Act." The following statutes
7 constitute the new Article 1: G.S. 90B-1, 90B-2, 90B-3, 90B-4, 90B-5, 90B-6, 90B-6.1, 90B-6.2,
8 90B-7, 90B-8, 90B-9, 90B-9.1, 90B-10, 90B-11, 90B-12, 90B-13, 90B-14, 90B-15, and 90B-16.
9 SECTION 1.(b) Chapter 90B of the General Statutes is retitled as "Social Worker
10 Certification and Licensure."
11 SECTION 1.(c) G.S. 90B-1 reads as rewritten:
12 "§ 90B-1. Short title.
13 This Chapter Article shall be known as the "Social Worker Certification and Licensure Act.""
14 SECTION 2. Chapter 90B of the General Statutes is amended by adding a new
15 Article to read:
16 "Article 2.
17 "Social Work Licensure Compact.
18 "§ 90B-20. Purpose.
19 The purpose of this Compact is to facilitate interstate practice of regulated social workers by
20 improving public access to social work services. The Compact preserves the regulatory authority
21 of states to protect public health and safety through the current system of state licensure. This
22 Compact is designed to achieve the following objectives:
23 (1) Increase public access to social work services.
24 (2) Reduce overly burdensome and duplicative requirements associated with
25 holding multiple licenses.
26 (3) Enhance the member states' ability to protect the public's health and safety.
27 (4) Encourage the cooperation of member states in regulating multistate practice.
28 (5) Promote mobility and address workforce shortages by eliminating the
29 necessity for licenses in multiple states by providing for the mutual
30 recognition of other member state licenses.
31 (6) Support military families.
32 (7) Facilitate the exchange of licensure and disciplinary information among
33 member states.
34 (8) Authorize all member states to hold a regulated social worker accountable for
35 abiding by the member state's laws, regulations, and applicable professional
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1 standards in the member state in which the client is located at the time care is
2 rendered.
3 (9) Allow for the use of telehealth to facilitate increased access to social work
4 services.
5 "§ 90B-21. Definitions.
6 As used in this Compact, and except as otherwise provided, the following definitions shall
7 apply:
8 (1) Active military member. – Any individual in full-time duty status in the active
9 armed forces of the United States, including members of the National Guard
10 and Reserve.
11 (2) Adverse action. – Any administrative, civil, equitable or criminal action
12 permitted by a state's laws which is imposed by a licensing authority or other
13 authority against a regulated social worker, including actions against an
14 individual's license or multistate authorization to practice such as revocation,
15 suspension, probation, monitoring of the licensee, limitation on the licensee's
16 practice, or any other encumbrance on licensure affecting a regulated social
17 worker's authorization to practice, including issuance of a cease and desist
18 action.
19 (3) Alternative program. – A nondisciplinary monitoring process or practice
20 remediation process approved by a licensing authority to address practitioners
21 with an impairment.
22 (4) Charter member states. – Member states who have enacted legislation to adopt
23 this Compact where such legislation predates the effective date of this
24 Compact, as defined in this Article.
25 (5) Compact Commission or Commission. – The government agency whose
26 membership consists of all states that have enacted this Compact which is
27 known as the Social Work Licensure Compact Commission, as defined in this
28 Article, and which shall operate as an instrumentality of the member states.
29 (6) Current significant investigative information. – Investigative information that
30 (i) a licensing authority, after a preliminary inquiry that includes notification
31 and an opportunity for the regulated social worker to respond has reason to
32 believe is not groundless and, if proved true, would indicate more than a minor
33 infraction, as may be defined by the Commission; or (ii) indicates that the
34 regulated social worker represents an immediate threat to public health and
35 safety, as may be defined by the Commission, regardless of whether the
36 regulated social worker has been notified and has had an opportunity to
37 respond.
38 (7) Data system. – A repository of information about licensees, including, but not
39 limited to, continuing education, examination, licensure, current significant
40 investigative information, disqualifying events, multistate license or licenses,
41 and adverse action information or other information as required by the
42 Commission.
43 (8) Domicile. – The jurisdiction in which the licensee resides and intends to
44 remain indefinitely.
45 (9) Disqualifying event. – Any adverse action or incident which results in an
46 encumbrance that disqualifies or makes the licensee ineligible to either obtain,
47 retain, or renew a multistate license.
48 (10) Encumbrance. – A revocation or suspension of, or any limitation on, the full
49 and unrestricted practice of social work licensed and regulated by a licensing
50 authority
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1 (11) Executive Committee. – A group of delegates elected or appointed to act on
2 behalf of, and within the powers granted to them by, the Compact and
3 Commission.
4 (12) Home state. – The member state that is the licensee's primary state of domicile.
5 (13) Impairment. – A condition that may impair a practitioner's ability to engage
6 in full and unrestricted practice as a regulated social worker without some type
7 of intervention and may include, but are not limited to, alcohol and drug
8 dependence, mental health impairment, and neurological or physical
9 impairments.
10 (14) Licensee. – An individual who currently holds a license from the state to
11 practice as a regulated social worker.
12 (15) Licensing authority. – The board or agency of a member state, or equivalent,
13 that is responsible for the licensing and regulation of regulated social workers.
14 (16) Member state. – A state, commonwealth, district, or territory of the United
15 States of America that has enacted this Compact.
16 (17) Multistate authorization to practice. – A legally authorized privilege to
17 practice, which is equivalent to a license, associated with a multistate license
18 permitting the practice of social work in a remote state.
19 (18) Multistate license. – A license to practice as a regulated social worker issued
20 by a home state licensing authority that authorizes the regulated social worker
21 to practice in all member states under multistate authorization to practice.
22 (19) Qualifying national exam. – A national licensing examination approved by the
23 Commission.
24 (20) Regulated social worker. – Any clinical, master's or bachelor's social worker
25 licensed by a member state regardless of the title used by that member state.
26 (21) Remote state. – A member state other than the licensee's home state.
27 (22) Rule or rule of the Commission. – A regulation promulgated by the
28 Commission, as authorized by the Compact, that has the force of law.
29 (23) Single-state license. – A social work license issued by any state that authorizes
30 practice only within the issuing state and does not include multistate
31 authorization to practice in any member state.
32 (24) Social work or social work services. – The application of social work theory,
33 knowledge, methods, ethics, and the professional use of self to restore or
34 enhance social, psychosocial, or biopsychosocial functioning of individuals,
35 couples, families, groups, organizations, and communities through the care
36 and services provided by a regulated social worker as set forth in the member
37 state's statutes and regulations in the state where the services are being
38 provided.
39 (25) State. – Any state, commonwealth, district, or territory of the United States of
40 America that regulates the practice of social work.
41 (26) Unencumbered license. – A license that authorizes a regulated social worker
42 to engage in the full and unrestricted practice of social work.
43 "§ 90B-22. State participation in Compact.
44 (a) To be eligible to participate in the Compact, a potential member state must currently
45 meet all of the following criteria:
46 (1) License and regulate the practice of social work at either the clinical, master's,
47 or bachelor's category.
48 (2) Require applicants for licensure to graduate from a program that (i)
49 corresponds to the licensure sought as outlined in G.S. 90B-23, (ii) operated
50 by a college or university recognized by the licensing authority, and (iii)
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1 accredited, or in candidacy by an institution that subsequently becomes
2 accredited, by an accrediting agency recognized by either of the following:
3 a. The Council for Higher Education Accreditation, or its successor.
4 b. The United States Department of Education.
5 (3) Require applicants for clinical licensure to complete a period of supervised
6 practice.
7 (4) Have a mechanism in place for receiving, investigating, and adjudicating
8 complaints about licensees.
9 (b) To maintain membership in the Compact, a member state shall meet all of the
10 following:
11 (1) Require applicants for a multistate license pass a qualifying national exam for
12 the corresponding category of multistate license sought as outlined in
13 G.S. 90B-23.
14 (2) Participate fully in the Commission's data system, including using the
15 Commission's unique identifier as defined in rules.
16 (3) Notify the Commission, in compliance with the terms of the Compact and
17 rules, of any adverse action or the availability of current significant
18 Investigative Information regarding a licensee.
19 (4) Implement procedures for considering the criminal history records of
20 applicants for a multistate license. Such procedures shall include the
21 submission of fingerprints or other biometric-based information by applicants
22 for the purpose of obtaining an applicant's criminal history record information
23 from the Federal Bureau of Investigation and the agency responsible for
24 retaining that state's criminal records.
25 (5) Comply with the Rules of the Commission.
26 (6) Require an applicant to obtain or retain a license in the home state and meet
27 the home state's qualifications for licensure or renewal of licensure, as well as
28 all other applicable home state laws.
29 (7) Authorize a licensee holding a multistate license in any member state to
30 practice in accordance with the terms of the Compact and Rules of the
31 Commission.
32 (8) Designate a delegate to participate in the Commission meetings.
33 (c) A Member State meeting the requirements of subsections (a) and (b) of this section
34 of this Compact shall designate the categories of social work licensure that are eligible for
35 issuance of a multistate license for applicants in such member state. To the extent that any
36 member state does not meet the requirements for participation in the Compact at any particular
37 category of social work licensure, such member state may choose, but is not obligated to, issue a
38 multistate license to applicants that otherwise meet the requirements of G.S. 90B-23 for issuance
39 of a multistate license in such category or categories of licensure.
40 (d) The Home State may charge a fee for granting the multistate license.
41 "§ 90B-23. Social Worker Participation in the Compact.
42 (a) To be eligible for a multistate license under the terms and provisions of the Compact,
43 an applicant, regardless of category must do all of the following:
44 (1) Hold or be eligible for an active, unencumbered license in the home state.
45 (2) Pay any applicable fees, including any state fee, for the multistate license.
46 (3) Submit, in connection with an application for a multistate license, fingerprints
47 or other biometric data for the purpose of obtaining criminal history record
48 information from the Federal Bureau of Investigation and the agency
49 responsible for retaining that state's criminal records.
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1 (4) Notify the home state of any adverse action, encumbrance, or restriction on
2 any professional license taken by any member state or non-member state
3 within 30 days from the date the action is taken.
4 (5) Meet any continuing competence requirements established by the home state.
5 (6) Abide by the laws, regulations, and applicable standards in the member state
6 where the client is located at the time care is rendered.
7 (b) An applicant for a clinical-category multistate license must meet all of the following
8 requirements.
9 (1) Fulfill a competency requirement, which shall be satisfied by either of the
10 following:
11 a. Passage of a clinical category qualifying national exam.
12 b. Licensure of the applicant in their home state at the clinical category,
13 beginning prior to such time as a qualifying national exam was
14 required by the home state and accompanied by a period of continuous
15 social work licensure thereafter, all of which may be further governed
16 by the rules of the Commission.
17 c. The substantial equivalency of the foregoing competency
18 requirements which the Commission may determine by rule.
19 (2) Attain at least a master's degree in social work from a program th