ELIGIBILITY TO PARTICIPATE IN THE COMPACT
This bill requires a potential member state to meet all of the following criteria to be eligible to participate in the compact:
(1) License and regulate the practice of social work at either the clinical, master's, or bachelor's category;
(2) Require applicants for licensure to graduate from a program that is (i) operated by a college or university recognized by the licensing authority; (ii) accredited, or in candidacy by an institution that subsequently becomes accredited, by an accrediting agency recognized by either: (i) the Council for Higher Education Accreditation, or its successor; or (ii) the U.S. department of education; and (iii) corresponds to the licensure sought as outlined under the heading "Social Worker Participation in the Compact";
(3) Require applicants for clinical licensure to complete a period of supervised practice; and
(4) Have a mechanism in place for receiving, investigating, and adjudicating complaints about licensees.
CRITERIA FOR MAINTAINING MEMBERSHIP IN THE COMPACT
This bill requires the member state to do the following to maintain membership in the compact:
(1) Require that applicants for a multistate license pass a qualifying national exam for the corresponding category of multistate license sought as outlined under the heading "Social Worker Participation in the Compact";
(2) Participate fully in the data system of the government agency whose membership consists of all states that have enacted this compact ("commission"), including using the commission's unique identifier as defined in rules;
(3) Notify the commission, in compliance with the terms of this compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee;
(4) Implement procedures for considering the criminal history records of applicants for a multistate license. Such procedures must 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 FBI and the agency responsible for retaining that state's criminal records;
(5) Comply with the rules of the commission;
(6) 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;
(7) Authorize a licensee holding a multistate license in any member state to practice in accordance with the terms of this compact and rules of the commission; and
(8) Designate a delegate to participate in the commission meetings.
MULTISTATE LICENSES
This bill requires a member state meeting the requirements of participating and maintaining membership in the compact to designate the categories of social work licensure that are eligible for issuance of a multistate license for applicants in such member state. To the extent that any member state does not meet the requirements for participation in this compact at any particular category of social work licensure, such member state may choose, but is not obligated to, issue a multistate license to applicants that otherwise meets the requirements licensure under this bill for issuance of a multistate license in such category or categories of licensure. This bill authorizes the home state to charge a fee for granting the multistate license.
SOCIAL WORKER PARTICIPATION IN THE COMPACT
To be eligible for a multistate license under this compact, this bill requires an applicant, regardless of category, to do the following:
(1) Hold or be eligible for an active, unencumbered license in the home state;
(2) Pay any applicable fees, including any state fee, for the multistate license;
(3) Submit, in connection with an application for a multistate license, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the FBI and the agency responsible for retaining that state's criminal records;
(4) Notify the home state of any adverse action, encumbrance, or restriction on any professional license taken by any member state or non-member state within 30 days from the date the action is taken;
(5) Meet any continuing competence requirements established by the home state; and
(6) Abide by the laws, regulations, and applicable standards in the member state where the client is located at the time care is rendered.
REQUIREMENTS FOR CLINICAL-CATEGORY LICENSE
This bill requires an applicant for a clinical-category multistate license to fulfill a competency requirement, attain at least a master's degree in social work from a program, and fulfill a practice requirement.
REQUIREMENTS FOR MASTER'S-CATEGORY MULTISTATE LICENSE
This bill requires an applicant for a master's-category multistate license to fulfill a competency requirement and attain at least a master's degree in social work from a program.
REQUIREMENTS FOR BACHELOR'S-CATEGORY MULTISTATE LICENSE
This bill requires an applicant for a bachelor's-category multistate license to fulfill a competency requirement and attain at least a bachelor's degree in social work from a program.
LICENSE RENEWAL REQUIREMENTS
The multistate license for a regulated social worker is subject to the renewal requirements of the home state. This bill requires the regulated social worker to maintain compliance with the requirements listed under the heading "Social Worker Participation in the Compact" to be eligible to renew a multistate license.
REMOTE STATES
This bill establishes that the regulated social worker's services in a remote state are subject to that member state's regulatory authority. A remote state may, in accordance with due process and that member state's laws, remove a regulated social worker's multistate authorization to practice in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens.
ENCUMBERED LICENSE
This bill requires that if a multistate license is encumbered, then the regulated social worker's multistate authorization to practice must be deactivated in all remote state until the multistate license is no longer encumbered.
This bill authorizes, if a multistate authorization to practice is encumbered in a remote state, the regulated social worker's multistate authorization to practice to be deactivated in that state until the multistate authorization to practice is no longer encumbered.
ISSUANCE OF A MULTISTATE LICENSE
Upon receipt of an application for multistate license, this bill requires the home state licensing authority to determine the applicant's eligibility for a multistate license in accordance with this bill.
If such applicant is eligible, then the home state licensing authority must issue a multistate license that authorizes the applicant or regulated social worker to practice in all member states under a multistate authorization to practice.
Upon issuance of a multistate license, this bill requires the home state licensing authority to designate whether the regulated social worker holds a multistate license in the bachelors, masters, or clinical category of social work.
This bill requires that a multistate license issued by a home state to a resident in that state 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 each member state.
AUTHORITY OF INTERSTATE COMPACT COMMISSION AND MEMBER STATE LICENSING AUTHORITIES
This bill prohibits anything in this compact, or any rule of the commission, from being construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of social work in that state, where those laws, regulations, or other rules are not inconsistent with this compact.
This bill clarifies that nothing in this compact affects the requirements established by a member state for the issuance of a single state license.
This bill prohibits anything in this compact, or any rule of the commission, from being construed to limit, restrict, or in any way reduce the ability of a member state to take adverse action against a licensee's single state license to practice social work in that state.
This bill prohibits anything in this compact, or any rule of the commission, from being construed to limit, restrict, or in any way reduce the ability of a remote state to take adverse action against a licensee's multistate authorization to practice in that state.
This bill prohibits anything in this compact, or any rule of the commission, from being construed to limit, restrict, or in any way reduce the ability of a licensee's home state to take adverse action against a licensee's multistate license based upon information provided by a remote state.
REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE
This bill authorizes a licensee to hold a multistate license, issued by their home state, in only one member state at any given time. If a licensee changes their home state by moving between two member states, then:
(1) This bill requires the licensee to immediately apply for the reissuance of their multistate license in their new home state. The licensee must pay all applicable fees and notify the prior home state in accordance with the rules of the commission;
(2) Upon receipt of an application to reissue a multistate license, this bill requires the new home state to verify that the multistate license is active, unencumbered, and eligible for reissuance under the terms of this compact and the rules of the commission. The multistate license issued by the prior home state must be deactivated and all member states notified in accordance with the applicable rules adopted by the commission;
(3) Prior to the reissuance of the multistate license, this bill requires the new home state to conduct procedures for considering the criminal history records of the licensee. Such procedures must 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 FBI and the agency responsible for retaining that state's criminal records;
(4) If required for initial licensure, this bill authorizes the new home state to require completion of jurisprudence requirements in the new home state; and
(5) This bill establishes that if a licensee does not meet the requirements set forth in this compact for the reissuance of a multistate license by the new home state, then the licensee is subject to the new home state requirements for the issuance of a single state license in that state.
If a licensee changes their primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, then the licensee is subject to the state requirements for the issuance of a single state license in the new home state.
This bill does not prohibit a licensee's ability to hold a single state license in multiple states; however, for the purposes of this compact, a licensee must have only one home state and only one multistate license.
Nothing in this compact interferes with the requirements established by a member state for the issuance of a single state license.
MILITARY FAMILIES
This bill requires an active military member or their spouse to designate a home state where the individual has a multistate license. The individual may retain their home state designation during the period the service member is on active duty.
ADVERSE ACTIONS
In addition to the other powers conferred by state law, a remote state has the authority, in accordance with existing state due process law, to:
(1) Take adverse action against a regulated social worker's multistate authorization to practice only within that member state, and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing licensing authority must pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located; and
(2) Only the home state has the power to take adverse action against a regulated social worker's multistate license.
For purposes of taking adverse action, the home state must give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state must apply its own state laws to determine appropriate action.
This bill requires the home state to complete any pending investigations of a regulated social worker who changes their home state during the course of the investigations. The home state also has the authority to take appropriate actions and must promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system must promptly notify the new home state of any adverse actions.
This bill authorizes a member state, if otherwise permitted by state law, to recover from the affected regulated social worker the costs of investigations and dispositions of cases resulting from any adverse action taken against that regulated social worker.
This bill authorizes a member state to take adverse action based on the factual findings of another member state; however, the member state follows its own procedures for taking the adverse action.
JOINT INVESTIGATIONS
In addition to the authority granted to a member state by its respective social work practice act or other applicable state law, this bill authorizes any member state to participate with other member states in joint investigations of licensees. This bill requires member states to share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact.
This bill establishes that if adverse action is taken by the home state against the multistate license of a regulated social worker, then the regulated social worker's multistate authorization to practice in all other member states is deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against the license of a regulated social worker must include a statement that the regulated social worker's multistate authorization to practice is deactivated in all member states until all conditions of the decision, order, or agreement are satisfied.
If a member state takes adverse action, then this bill requires the member state to promptly notify the administrator of the data system. The administrator of the data system must promptly notify the home state and all other member states of any adverse actions by remote states.
However, this bill does not (i) override a member state's decision that participation in an alternative program may be used in lieu of adverse action; (ii) authorize a member state to demand the issuance of subpoenas for attendance and testimony of witnesses or the production of evidence from another member state for lawful actions within that member state; or (iii) authorize a member state to impose discipline against a regulated social worker who holds a multistate authorization to practice for lawful actions within another member state.
ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT
With this bill, the compact member states create and establish a joint government agency whose membership consists of all member states that have enacted this compact, known as the social work licensure compact commission. The commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one state. The commission comes into existence on or after the effective date of this compact.
MEMBERSHIP, VOTING, AND MEETINGS
This bill establishes that each member state has and is limited to one delegate selected by that member state's state licensing authority. The delegate must be either: (i) a current member of the state licensing authority at the time of appointment, who is a regulated social worker or public member of the state licensing authority; or (ii) an administrator of the state licensing authority or their designee.
This bill requires the commission to by rule or bylaw establish a term of office for delegates and may by rule or by law establish term limits.
This bill authorizes the commission to recommend removal or suspension of any delegate from office.
This bill requires a member state's state licensing authority to fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy.
This bill entitles each delegate to one vote on all matters before the commission requiring a vote by commission delegates.
This bill requires a delegate to vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet by telecommunication, videoconference, or other means of communication.
This bill requires the commission to meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference, or other similar electronic means.
POWERS OF THE COMMISSION
This bill provides that the commission has the following powers:
(1) Establish the fiscal year of the commission;
(2) Establish code of conduct and conflict of interest policies;
(3) Establish and amend rules and bylaws;
(4) Maintain its financial records in accordance with the bylaws;
(5) Meet and take such actions as are consistent with this compact, the commission's rules, and the bylaws;
(6) Initiate and conclude legal proceedings or actions in the name of the commission, if the standing of any state licensing board to sue or be sued under applicable law is not affected;
(7) Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission's behalf;
(8) Purchase and maintain insurance and bonds;
(9) Borrow, accept, or contract for services of personnel, including employees of a member state;
(10) Conduct an annual financial review;
(11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and establish the