A bill

to amend the South Carolina Code of Laws BY ENACTING THE "Social Work Interstate Compact Act" BY ADDING ARTICLE 3 TO CHAPTER 63, TITLE 40 SO AS TO PROVIDE THE PURPOSE, FUNCTIONS, OPERATIONS, AND DEFINITIONS CONCERNING THE COMPACT; AND TO DESIGNATE THE EXISTING PROVISIONS OF CHAPTER 63, TITLE 40 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS".

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.   This act may be cited as the "Social Work Interstate Compact Act".

SECTION 2.   Chapter 63, Title 40 of the S.C. Code is amended by adding:

   Article 3

   Social Work Interstate Compact

   Section 40-63-510.   (A) The purpose of this compact is to facilitate interstate practice of regulated social workers with the goal of improving public access to competent social work services. The compact seeks to preserve the regulatory authority of states to protect public health and safety through the current system of state licensure.

   (B) This compact is designed to achieve the following objectives:

      (1) increase public access to social work services by providing for the mutual recognition of other member state licenses;

      (2) enhance the member states' ability to protect the public's health and safety;

      (3) encourage the cooperation of member states in regulating multistate practice;

      (4) support military families;

      (5) facilitate the exchange of licensure and disciplinary information among member states;

      (6) authorize all member states to hold a regulated social worker accountable for abiding by the member state's scope of practice in the member state in which the client is located at the time care is rendered;

      (7) allow for the use of telehealth to facilitate increased access to regulated social work services;

      (8) support the uniformity of social work licensure requirements throughout the states to promote public safety and access to services; and

      (9) promote mobility and address workforce shortages by eliminating the necessity for licenses in multiple states.

   Section 40-63-520.   (A) As used in this compact, and except as otherwise provided, the following definitions shall apply:

      (1) "Active Duty Military" means any individual in full-time duty status in the active uniformed service of the United States including members of the National Guard and Reserve.

      (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.

      (3) "Alternative Program" means a nondisciplinary monitoring or practice remediation process approved by a social work licensing authority to address impaired practitioners

      (4) "Compact Commission" or "Commission" means the national administrative body whose membership consists of all member states that have enacted the compact.

      (5) "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 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.

      (6) "Data System" means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, current significant investigative information, disqualifying event, interstate compact license and adverse action information or other information as required by the commission.

      (7) "Domicile" means the jurisdiction in which the licensee resides and intends to remain indefinitely.

      (8) "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 an interstate compact license.

      (9) "Encumbered License" means a license in which an adverse action restricts the practice of social work by the licensee and said adverse action and is reportable to the National Practitioners Data Bank (NPDB).

      (10) "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" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the compact and commission.

      (12) "Home State" means the member state that is the licensee's primary domicile.

      (13) "Impaired Practitioner" means an individual who has a condition that may impair their ability to engage in full and unrestricted practice as a regulated social worker without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments.

      (14) "Licensee" means an individual who currently holds an authorization from the state to practice as a regulated social worker.

      (15) "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" means a state, commonwealth, district, or territory of the United States of America that has enacted the compact.

      (17) "Multistate Authorization to Practice" means a legal authorization, which is equivalent to a license, associated with an interstate compact license permitting the practice of social work in a remote state

      (18) "Interstate Compact 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 party states under a multistate authorization to practice.

      (19) "Qualifying National Exam" means a national licensing examination developed and administered by a national association of social work licensing authorities or other competency assessment approved by the commission.

      (20) "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.

      (21) "Remote State" means a member state other than the home state, where a licensee is exercising or seeking to exercise the multistate authorization to practice.

      (22) "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.

      (23) "Scope of Practice" means the procedures, actions, and processes a regulated social worker in a state is permitted to undertake in that state and the circumstances under which the regulated social worker is permitted to undertake those procedures, actions and processes. Such procedures, actions and processes and the circumstances under which they may be undertaken may be established through official means, including, but not limited to, statute, rules and regulations, case law, and other processes available to the state regulatory authority or other government agency.

      (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 a multistate authorization to practice in any member state.

      (25) "Social Work" or "Social Work Services" means the application of social work theory, knowledge, methods, 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.

      (26) "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of social work

      (27) "Unencumbered License" means a license that authorizes a regulated social worker to engage in the full and unrestricted practice of social work.

   Section 40-63-530.   (A) To be eligible to participate in the compact, a potential member state must currently meet all of the following criteria:

      (1) License and regulate clinical, master's, or bachelor's categories of social work practice.

      (2) Require applicants for licensure to pass a corresponding qualifying national exam for the category of licensure sought as outlined in Section 40-63-540.

      (3) Require applicants for licensure to graduate from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university recognized by the licensing authority and that corresponds to the licensure sought as outlined in Section 40-63-540.

      (4) Require applicants for clinical licensure to complete a period of supervised practice.

      (5) Have a mechanism in place for receiving, investigating, and adjudicating complaints about licensees.

   (B) To maintain membership in the compact a member state shall

      (1) participate fully in the commission's data system, including using the commission's unique identifier as defined in rules;

      (2) 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;

      (3) implement or utilize procedures for considering the criminal history records of applicants for an initial interstate compact license. These procedures shall include 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 for the sole purpose of affirming or denying eligibility for participation in the compact; provided:

         (a) a member state must utilize or fully implement a criminal background check requirement, within a time frame established by rule of the commission, by receiving the results of the Federal Bureau of Investigation record search and shall use the results in making licensure decisions determining eligibility for participation in the compact; and

         (b) communication between a member state, the commission and among member states, through the data system or otherwise, regarding the verification of any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544;

      (4) comply with the rules of the commission;

      (5) 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;

      (6) authorize a licensee holding an interstate compact license in any member state to practice in accordance with the terms of the compact and rules of the commission; an

      (7) designate a delegate to participate in the commission meetings.

   (C) Home states may charge a fee for granting the interstate compact license.

   (D) An interstate compact license issued by a home state to a resident in that state shall be recognized by all compact member states as authorizing social work practice under a multistate authorization to practice corresponding to each category of licensure regulated in the member state.

   Section 40-63-540.   (A) To be eligible for an interstate compact license under the terms and provisions of the compact, a regulated social worker, regardless of category must:

      (1) hold an active, unencumbered license in the home state;

      (2) have an active United States social security number, qualifying national exam number, or an identifier as determined by the commission;

      (3) pay any applicable fees, including any state fee, for the interstate compact license;

      (4) meet any continuing competence requirements established by the home state;

      (5) notify the home state of any adverse action, encumbrance, or restriction on any professional license taken by any member state or nonmember state within thirty days from the date the action is taken.

      (6) abide by the laws, regulations, and scope of practice in the member state where the client is located at the time car