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LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 822
Introduced by Blood, 3.
Read first time January 03, 2024
Committee: Health and Human Services
1 A BILL FOR AN ACT relating to public health; to amend sections 28-327,
2 38-2101, 38-2116, and 38-2139, Revised Statutes Cumulative
3 Supplement, 2022, and section 38-131, Revised Statutes Supplement,
4 2023; to adopt the Social Worker Licensure Compact; to change
5 provisions relating to criminal background checks under the Uniform
6 Credentialing Act; to provide for issuance of multistate licenses to
7 practice social work under the compact and require criminal
8 background checks; to provide powers and duties under the Mental
9 Health Practice Act; to harmonize provisions; to provide an
10 operative date; and to repeal the original sections.
11 Be it enacted by the people of the State of Nebraska,
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1 Section 1. This section shall be known and may be cited as the
2 Social Worker Licensure Compact. The State of Nebraska adopts the Social
3 Worker Licensure Compact in the form substantially as follows:
4 SECTION 1. PURPOSE
5 The purpose of this Compact is to facilitate interstate practice of
6 Regulated Social Workers by improving public access to competent Social
7 Work Services. The Compact preserves the regulatory authority of States
8 to protect public health and safety through the current system of State
9 licensure.
10 This Compact is designed to achieve the following objectives:
11 A. Increase public access to Social Work Services;
12 B. Reduce overly burdensome and duplicative requirements associated
13 with holding multiple licenses;
14 C. Enhance the Member States' ability to protect the public's health
15 and safety;
16 D. Encourage the cooperation of Member States in regulating
17 multistate practice;
18 E. Promote mobility and address workforce shortages by eliminating
19 the necessity for licenses in multiple States by providing for the mutual
20 recognition of other Member State licenses;
21 F. Support military families;
22 G. Facilitate the exchange of licensure and disciplinary information
23 among Member States;
24 H. Authorize all Member States to hold a Regulated Social Worker
25 accountable for abiding by a Member State's laws, regulations, and
26 applicable professional standards in the Member State in which the client
27 is located at the time care is rendered; and
28 I. Allow for the use of telehealth to facilitate increased access to
29 regulated Social Work Services.
30 SECTION 2. DEFINITIONS
31 As used in this Compact, and except as otherwise provided, the
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1 following definitions shall apply:
2 A. "Active Military Member" means any individual with full-time duty
3 status in the active armed forces of the United States, including members
4 of the National Guard and Reserve.
5 B. "Adverse Action" means any administrative, civil, equitable, or
6 criminal action permitted by a State's laws which is imposed by a
7 Licensing Authority or other authority against a Regulated Social Worker,
8 including actions against an individual's license or Multistate
9 Authorization to Practice such as revocation, suspension, probation,
10 monitoring of the Licensee, limitation on the Licensee's practice, or any
11 other Encumbrance on licensure affecting a Regulated Social Worker's
12 authorization to practice, including issuance of a cease and desist
13 action.
14 C. "Alternative Program" means a nondisciplinary monitoring or
15 practice remediation process approved by a Licensing Authority to address
16 practitioners with an Impairment.
17 D. "Charter Member States" means Member States who have enacted
18 legislation to adopt this Compact where such legislation predates the
19 effective date of this Compact as described in Section 14 of this
20 Compact.
21 E. "Compact Commission" or "Commission" means the government agency
22 whose membership consists of all States that have enacted this Compact,
23 which is known as the Social Work Licensure Compact Commission, as
24 described in Section 10 of this Compact, and which shall operate as an
25 instrumentality of the Member States.
26 F. "Current Significant Investigative Information" means:
27 1. Investigative information that a Licensing Authority, after a
28 preliminary inquiry that includes notification and an opportunity for the
29 Regulated Social Worker to respond, has reason to believe is not
30 groundless and, if proved true, would indicate more than a minor
31 infraction as may be defined by the Commission; or
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1 2. Investigative information that indicates that the Regulated
2 Social Worker represents an immediate threat to public health and safety,
3 as may be defined by the Commission, regardless of whether the Regulated
4 Social Worker has been notified and has had an opportunity to respond.
5 G. "Data System" means a repository of information about Licensees,
6 including continuing education, examination, licensure, Current
7 Significant Investigative Information, Disqualifying Event, Multistate
8 License, and Adverse Action information or other information as required
9 by the Commission.
10 H. "Domicile" means the jurisdiction in which the Licensee resides
11 and intends to remain indefinitely.
12 I. "Disqualifying Event" means any Adverse Action or incident which
13 results in an Encumbrance that disqualifies or makes the Licensee
14 ineligible to either obtain, retain, or renew a Multistate License.
15 J. "Encumbrance" means a revocation or suspension of, or any
16 limitation on, the full and unrestricted practice of Social Work licensed
17 and regulated by a Licensing Authority.
18 K. "Executive Committee" means a group of delegates elected or
19 appointed to act on behalf of, and within the powers granted to them by,
20 the Compact and Commission.
21 L. "Home State" means the Member State that is the Licensee's
22 primary Domicile.
23 M. "Impairment" means a condition that may impair a practitioner's
24 ability to engage in full and unrestricted practice as a Regulated Social
25 Worker without some type of intervention and may include alcohol and drug
26 dependence, mental health impairment, and neurological or physical
27 impairments.
28 N. "Licensee" means an individual who currently holds a license from
29 a State to practice as a Regulated Social Worker.
30 O. "Licensing Authority" means the board or agency of a Member
31 State, or equivalent, that is responsible for the licensing and
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1 regulation of Regulated Social Workers.
2 P. "Member State" means a state, commonwealth, district, or
3 territory of the United States of America that has enacted this Compact.
4 Q. "Multistate Authorization to Practice" means a legally authorized
5 privilege to practice, which is equivalent to a license, associated with
6 a Multistate License permitting the practice of Social Work in a Remote
7 State.
8 R. "Multistate License" means a license to practice as a Regulated
9 Social Worker issued by a Home State Licensing Authority that authorizes
10 the Regulated Social Worker to practice in all Member States under
11 Multistate Authorization to Practice.
12 S. "Qualifying National Exam" means a national licensing examination
13 approved by the Commission.
14 T. "Regulated Social Worker" means any clinical, master's, or
15 bachelor's Social Worker licensed by a Member State regardless of the
16 title used by that Member State.
17 U. "Remote State" means a Member State other than the Licensee's
18 Home State.
19 V. "Rule" or "Rule of the Commission" means a regulation duly
20 promulgated by the Commission, as authorized by the Compact, that has the
21 force of law.
22 W. "Single State License" means a Social Work license issued by any
23 State that authorizes practice only within the issuing State and does not
24 include Multistate Authorization to Practice in any Member State.
25 X. "Social Work" or "Social Work Services" means the application of
26 social work theory, knowledge, methods, ethics, and the professional use
27 of self to restore or enhance social, psychosocial, or biopsychosocial
28 functioning of individuals, couples, families, groups, organizations, and
29 communities through the care and services provided by a Regulated Social
30 Worker as set forth in the Member State's statutes and regulations in the
31 State where the services are being provided.
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1 Y. "State" means any state, commonwealth, district, or territory of
2 the United States of America that regulates the practice of Social Work.
3 Z. "Unencumbered License" means a license that authorizes a
4 Regulated Social Worker to engage in the full and unrestricted practice
5 of Social Work.
6 SECTION 3. STATE PARTICIPATION IN THE COMPACT
7 A. To be eligible to participate in the Compact, a potential Member
8 State must currently meet all of the following criteria:
9 1. License and regulate the practice of Social Work at either the
10 clinical, master's, or bachelor's category.
11 2. Require applicants for licensure to graduate from a program that
12 is:
13 a. Operated by a college or university recognized by the Licensing
14 Authority;
15 b. Accredited, or in candidacy by an institution that subsequently
16 becomes accredited, by an accrediting agency recognized by either:
17 i. the Council for Higher Education Accreditation, or its successor;
18 or
19 ii. the United States Department of Education; and
20 c. Corresponds to the licensure sought as outlined in Section 4 of
21 this Compact.
22 3. Require applicants for clinical licensure to complete a period of
23 supervised practice.
24 4. Have a mechanism in place for receiving, investigating, and
25 adjudicating complaints about Licensees.
26 B. To maintain membership in the Compact a Member State shall:
27 1. Require that applicants for a Multistate License pass a
28 Qualifying National Exam for the corresponding category of Multistate
29 License sought as outlined in Section 4 of this Compact;
30 2. Participate fully in the Commission's Data System, including
31 using the Commission's unique identifier as defined in Rules;
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1 3. Notify the Commission, in compliance with the terms of the
2 Compact and Rules, of any Adverse Action or the availability of Current
3 Significant Investigative Information regarding a Licensee;
4 4. Implement procedures for considering the criminal history records
5 of applicants for a Multistate License. Such procedures shall include the
6 submission of fingerprints or other biometric-based information by
7 applicants for the purpose of obtaining an applicant's criminal history
8 record information from the Federal Bureau of Investigation and the
9 agency responsible for retaining that State's criminal records;
10 5. Comply with the Rules of the Commission;
11 6. Require an applicant to obtain or retain a license in the Home
12 State and meet the Home State's qualifications for licensure or renewal
13 of licensure, as well as all other applicable Home State laws;
14 7. Authorize a Licensee holding a Multistate License in any Member
15 State to practice in accordance with the terms of the Compact and Rules
16 of the Commission; and
17 8. Designate a delegate to participate in the Commission meetings.
18 C. A Member State meeting the requirements of Section 3.A. and 3.B
19 of this Compact shall designate the categories of Social Work licensure
20 that are eligible for issuance of a Multistate License for applicants in
21 such Member State. To the extent that any Member State does not meet the
22 requirements for participation in the Compact at any particular category
23 of Social Work licensure, such Member State may choose, but is not
24 obligated, to issue a Multistate License to applicants that otherwise
25 meet the requirements of Section 4 of this Compact for issuance of a
26 Multistate License in such category or categories of licensure.
27 D. The Home State may charge a fee for granting the Multistate
28 License.
29 SECTION 4. SOCIAL WORKER PARTICIPATION IN THE COMPACT
30 A. To be eligible for a Multistate License under the terms and
31 provisions of the Compact, an applicant, regardless of category, must:
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1 1. Hold or be eligible for an active, Unencumbered License in the
2 Home State;
3 2. Pay any applicable fees, including any State fee, for the
4 Multistate License;
5 3. Submit, in connection with an application for a Multistate
6 License, fingerprints or other biometric data for the purpose of
7 obtaining criminal history record information from the Federal Bureau of
8 Investigation and the agency responsible for retaining that State's
9 criminal records;
10 4. Notify the Home State of any Adverse Action, Encumbrance, or
11 restriction on any professional license taken by any Member State or non-
12 Member State within thirty days from the date the action is taken;
13 5. Meet any continuing competence requirements established by the
14 Home State; and
15 6. Abide by the laws, regulations, and applicable standards in the
16 Member State where the client is located at the time care is rendered.
17 B. An applicant for a clinical-category Multistate License must meet
18 all of the following requirements:
19 1. Fulfill a competency requirement, which shall be satisfied by
20 either:
21 a. Passage of a clinical-category Qualifying National Exam;
22 b. Licensure of the applicant in their Home State at the clinical
23 category, beginning prior to such time as a Qualifying National Exam was
24 required by the Home State and accompanied by a period of continuous
25 Social Work licensure thereafter, all of which may be further governed by
26 the Rules of the Commission; or
27 c. The substantial equivalency of the foregoing competency
28 requirements which the Commission may determine by Rule.
29 2. Attain at least a master's degree in Social Work from a program
30 that is:
31 a. Operated by a college or university recognized by the Licensing
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