Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
Senator VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
Enters NJ in Social Work Licensure Compact.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the Social Work Licensure Compact and supplementing Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The State of New Jersey enacts and enters into the Social Work Licensure Compact with all other jurisdictions that legally join in the compact in the form substantially as follows:
ARTICLE I: Purpose and Objectives
1. 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.
2. This 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 publics 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;
h. Authorize all member states to hold a regulated social worker accountable for abiding by a member states laws, 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.
ARTICLE II: Definitions
As used in this Compact, and except as otherwise provided, the following definitions shall apply:
a. 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.
b. Adverse action means any administrative, civil, equitable or criminal action permitted by a states laws which is imposed by a licensing authority or other authority against a regulated social worker, including actions against an individuals license or multistate authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensees practice, or any other encumbrance on licensure affecting a regulated social workers authorization to practice, including issuance of a cease and desist action.
c. Alternative program means a non-disciplinary monitoring or practice remediation process approved by a licensing authority to address practitioners with an impairment.
d. 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 Article XIV.
e. 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 Article X, and which shall operate as an instrumentality of the member states.
f. Current significant investigative information means:
1. 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
2. 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.
g. Data system means a repository of information about licensees, including, continuing education, examination, licensure, current significant investigative information, disqualifying event, multistate license, and adverse action information or other information as required by the commission.
h. Domicile means the jurisdiction in which the licensee resides and intends to remain indefinitely.
i. Disqualifying event means any adverse action or incident which results in an encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain or renew a multistate license.
j. 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.
k. 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.
l. Home state means the member state that is the licensees primary domicile.
m. Impairment means a condition that may impair a practitioners 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.
n. Licensee means an individual who currently holds a license from a state to practice as a regulated social worker.
o. 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.
p. Member State means a state, commonwealth, district, or territory of the United States that has enacted this compact.
q. 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.
r. 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.
s. Qualifying national exam means a national licensing examination approved by the commission.
t. Regulated social worker means any clinical, masters or bachelors social worker licensed by a member state regardless of the title used by that member state.
u. Remote state means a member state other than the licensees home state.
v. Rule, rules, rule of the commission, or rules of the commission means a regulation or regulations duly promulgated by the commission, as authorized by the compact, that has the force of law.
w. 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 in any member state.
x. Social work or social work services means the application of social work theory, knowledge, methods, ethics, an