Amended

March 07, 2024

H. 4365

Introduced by Reps. Gilliam, Wetmore, Cobb-Hunter, Henegan, Guffey, Henderson-Myers, Gilliard, Williams and Rivers

S. Printed 03/07/24--H.

Read the first time April 25, 2023

________

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".

    Amend Title To Conform

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 by improving public access to competent social work services. The compact preserves the regulatory authority of the State 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;

        (2) reduce overly burdensome and duplicative requirements associated with holding multiple licenses;

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

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

        (5) promote mobility and address workforce shortages by eliminating the necessity for licenses in multiple states by providing the mutual recognition of other member states licenses;

        (6) support military families;

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

        (8) authorize all member states to hold a regulated social worker accountable for abiding by the member state's laws, regulations and applicable standards in the member state in which the client is located at the time care is rendered; and

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

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

        (1) "Active military member" means any individual in full-time duty status in the active Armed Forces 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 license, limitation on the licensee's practice, or any other encumbrance on licensure affecting a regulated social worker's authority to practice, including issuance of a cease and desist action.

        (3) "Alternative program" means a nondisciplinary monitoring or practice remediation process approved by a licensing authority to address practitioners with an impairment.

        (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 defined in Section 40-63-640.

        (5) "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 defined in Section 40-63-600, and which shall operate as an instrumentality of the member states.

        (6) "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 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.

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

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

        (9) "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.

        (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 delegates 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) "Impairment" means a condition(s) 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, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments.

        (14) "Licensee(s)" means an individual who currently holds a license from a state to practice as a Regulated Social Worker.

        (15) "Licensing Authority" means the board or agency of a