OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 90 Bill Analysis
135th General Assembly
Click here for S.B. 90’s Fiscal Note
Version: As Reported by House Commerce and Labor
Primary Sponsor: Sen. Roegner
Effective date:
Meredith Bray, Attorney
SUMMARY
 Enters Ohio into the Social Work Licensure Compact to facilitate the interstate practice
of and improve public access to social work services by allowing social workers to
practice in multiple states with a multistate license.
 As a member of the Compact, requires Ohio to extend the ability to practice to social
workers with a multistate license from another member state of the Compact, subject
to Ohio’s laws and rules governing social workers.
 Requires Ohio to submit data regarding social worker licensees to the Social Work
Licensure Compact Commission’s data system, including information related to
identification, licensure, investigations, and adverse action.
DETAILED ANALYSIS
Social Work Licensure Compact
The bill enters Ohio as a party to the Social Work Licensure Compact. The Compact is an
agreement among states that join the Compact to allow social workers to practice in multiple
states with a multistate license.1 The purpose of the Compact is to facilitate interstate practice
of social workers by improving public access to social work services. Nothing in the Compact
restricts, limits, or reduces 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 not inconsistent with
the Compact.2
1R.C. 4757.52, Section 1 (unless otherwise noted, subsequent “Section” references in this analysis are to
specific sections of the Compact as enacted in R.C. 4757.52).
2 Section 6.A.
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The Compact becomes effective when seven states enact it into law. Each state’s
enacting statute cannot be materially different from the Model Compact. 3 The Compact has
been enacted in one state, Missouri, in August 2023.4
State participation in compact
To participate in the Compact, a state must:5
1. License and regulate the practice of social work;
2. Require applicants for licensure to graduate from a program that is operated by a
college or university recognized by the licensing authority, accredited or in candidacy to
become accredited by an accrediting agency recognized by the Council of Higher
Education or the United States Department of Education, and correspond to the
licensure sought as outlined in Section 4 of the Compact (discussed below);
3. Require applicants for clinical licensure to complete a period of supervised practice;
4. Have a mechanism in place for receiving, investigating, and adjudicating complaints
about licensees;
5. Require that applicants for a multistate licenses pass a qualifying national exam for the
corresponding category of multistate license sought;
6. Participate fully in the Commission’s data system (see “Data System” below);
7. Notify the Commission of any adverse action or the availability of current significant
investigate information regarding a licensee;
8. Implement procedures for considering the criminal history records of applicants for a
multistate license;
9. Comply with the rules of the Commission;
10. Require an applicant to obtain or retain a license in the home state to meet the home
state’s qualifications for licensure or renewal of licensure, as well as all other applicable
home state laws;
11. Authorize a licensee holding a multistate license in any member state to practice in
accordance with the terms of the Compact and rules of the Commission; and
12. Designate a delegate to participate in Commission meetings.
3 Section 14.A.
4 Social Work Licensure Compact Map, available by clicking “Compact Map” on the Social Work Compact
Licensure website: www.swcompact.org.
5 Sections 3.A and 3.B.
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Social worker participation in compact
To be eligible for a multistate license under the terms and provisions of the Compact, an
applicant must:6
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 fingerprints or other biometric data to obtain criminal history record information
from the FBI and agency responsible for retaining the 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 nonmember 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.
Applicants for multistate licenses in the bachelor’s, master’s, or clinical categories have
specific requirements in each category provided in the Compact that must be met in order to
receive the multistate license. The requirements generally require passage of a national exam,
attaining the requisite degree from an accredited educational program, and, if applicable,
fulfilling supervised clinical practice.
A social worker with a multistate license is subject to the renewal requirements of the
home state, but must continue to maintain compliance with the above requirements. The social
worker’s services in a remote state are subject to that member state’s regulatory authority.7
A licensee providing services in a remote state under the multistate license must adhere to the
laws, regulations, and standards of the remote state where the client is located at the time care
is rendered.8 A remote state may, in accordance with the due process laws in that state,
remove a licensee’s multistate authorization to practice in that state for a specific period of
time, impose fines, or take other actions to protect the health and safety of that state’s
citizens.9
Member states are not authorized to impose discipline against a multistate license for
lawful actions within another member state.10
6 Section 4.A.
7 Section 4.B., 4.C., 4.D., 4.E., and 4.F.
8 Section 16.A.
9 Section 4.F.
10 Section 9.K.
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Issuance of multistate license
The Compact provides that the home state licensing board must determine an
applicant’s eligibility for a multistate license pursuant to the Compact. Once a multistate license
is issued, the home state licensing board must designate whether the regulated social worker
holds the multistate license in the bachelor’s, master’s, or clinical category of social work.
A multistate license issued to a licensee must be recognized by all member states
corresponding to each category of licensure regulated in each member state. 11
A licensee can hold a multistate license, issued by their home state, in only one member
state at a time. If the licensee changes their home state by moving between two member
states, the Compact provides a process for a multistate license to be reissued to that social
worker.12
An active military member or their spouse must designate a home state where the
individual has a multistate license and may retain that home state designation during the
period of active duty.13
Adverse actions
The Compact provides that member states may take adverse actions against licensees,
including issuing subpoenas for hearings and investigations. Adverse actions are any
administrative, civil, equitable, or criminal action permitted by a state’s laws that is imposed by
a licensing board or other authority against a regulated social worker, including actions against
an individual’s state license or multistate license such as revocation, suspension, probation,
monitoring of the licensee, or restriction on the licensee’s practice.14
A state where a social worker is practicing with a multistate license but is not the home
state may take adverse action against the social worker’s multistate authorization to practice
only within that member state. Only a home state has the power to take adverse action against
a social worker’s multistate license.15 A home state may take adverse action against a
multistate license based on information provided by a remote state.16 A home state must give
the same priority and effect of reported conduct from another member state as it would if the
conduct had occurred in the home state. The home state must apply its own state laws in
determining the appropriate action.17 If adverse action is taken by a home state against a
11 Section 5.
12 Section 7.
13 Section 8.
14 Section 9.A. and 2.B.
15 Section 9.A.
16 Section 6.E.
17 Section 9.B.
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multistate license, the multistate authorization to practice in all other member states is
deactivated until all encumbrances have been removed from the multistate license.18
A member state may take adverse action based on factual findings of another member
state, so long as it follows its own procedures. Joint investigations between participating states
are also permissible.19 Nothing in the Compact limits, restricts, or reduces the ability of a
member state to take adverse actions against a licensee’s single state license to practice social
work in that state or to take adverse action against a licensee’s multistate authorization to
practice in that state.20
Social Work Licensure Compact Commission
The Compact provides for the creation of the Social Work Licensure Compact
Commission, which is a joint government agency and an instrumentality of the Compact states
acting jointly.21
Membership
Each member state has one delegate selected by the member state’s licensing board.
The delegate must be a current member of the member state’s licensing board who is either a
regulated social worker or public member of the board, or an administrator of the state’s
licensing board or their designee. A member state’s licensing board is required to fill any
vacancy of its delegate within 60 days of the vacancy. Each delegate is entitled to one vote on
all matters voted on by the Commission. Any delegate may be removed or suspended from the
Commission as provided by the Compact.22
Regarding Ohio’s delegate, the bill requires the State Counselor, Social Worker, and
Marriage and Family Therapist Board to select the delegate within 60 days of the Compact
being entered into. Any future vacancies must be filled within 60 days.23
Powers and duties
The Compact specifies numerous powers and duties of the Commission, some of which
include (1) establishing a code of conduct, conflict of interest policies, and rules and bylaws,
(2) maintaining financial records, (3) promulgating rules, (4) prosecuting legal proceedings,
(5) purchasing and maintaining insurance and bonds, (6) hiring employees and taking related
18 Section 9.G.
19 Section 9.E. and 9.F.
20 Section 6.C. and 6.D.
21 Section 10.A.
22 Section 10.B.
23 R.C. 4757.521.
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actions, (7) borrowing money, and (8) performing other functions as necessary and appropriate
to achieve the purpose of the Compact.24
Executive committee
The Compact provides that the Executive Committee has the power to act on behalf of
the Commission. The Executive Committee, which must meet at least annually, is composed of
the following members:
1. The chair and vice chair of the Commission as voting members;
2. Five voting members from the current membership of the Commission, chosen by the
Commission;
3. Up to four ex-officio, nonvoting members from four recognized national social work
organizations, chosen by their respective organizations.25
Duties and responsibilities of the Executive Committee include:
 Overseeing day-to-day activities of the administration of the Compact, including
enforcement and compliance;
 Recommending changes to the rules, bylaws, Compact legislation, and fees charged to
member states and licensees;
 Ensuring Compact administration services are appropriately provided;
 Preparing and recommending the budget;
 Maintaining financial records on behalf of the Commission;
 Monitoring Compact compliance of member states and providing compliance reports;
 Establishing additional committees as necessary;
 Exercising the powers and duties of the Commission during the interim between
Commission meetings, except for adopting or amending rules or bylaws and exercising
any other powers and duties expressly reserved to the Commission by rule or bylaw;
and
 Any other duties as provided in the Commission rules or bylaws.26
Commission meetings
Commission meetings generally are required to be open to the public. A public notice of
the meetings generally must be provided 30 days in advance of the meeting. Minutes must be
24 Section 10.C.
25 Section 10.D.2.
26 Section 10.D.1.
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kept.27 The Commission or the Executive Committee may have a closed, nonpublic meeting to
receive legal advice or to discuss limited topics, such as state noncompliance; employment,
compensation, or discipline of specific employees; litigation; contract negotiation; criminal
accusations; and trade secrets and confidential information. If the meeting or a portion of a
meeting is closed, the presiding officer must state that the meeting will be closed and reference
each relevant provision that exempts the meeting from being public.28
Commission finances
The Commission is required to pay for the reasonable expense of its establishment,
organization, and ongoing activities. The Commission may collect an annual assessment from
each member state and impose fees on licensees that receive multistate licenses. The
Commission cannot incur obligations without first securing the funds to meet the obligation
and cannot pledge the credit of member states without their authority. The Commission must
keep accurate accounts of all receipts and disbursements, subject to audit.29
Qualified Immunity, defense, and indemnification
The Compact provides that the members, officers, executive director, employees, and
representatives of the Commission are immune from suit and liability for damages caused by or
arising out of acts or omissions occurring within the scope of Commission employment, duties,
or responsibilities, so long as the loss is not caused by intentional or willful or wanton
misconduct. The Commission is required to defend individuals entitled to the immunity, but
individuals may also retain their own counsel at their own expense.
The Commission also is required to indemnify and hold harmless any member, officer,
executive director, employee, or representative from the amount of any settlement or
judgement obtained against that individual arising out of acts or omissions occurring within the
scope of Commission employment, duties, or responsibilities, except in the case of intentional
or willful or wanton misconduct.30
Data System
The Commission is required to provide for the development, maintenance, operation,
and utilization of a coordinated data system. Each member state is required to submit a
uniform data set to the data system for each licensee, including:31
1. Identifying information;
2. Licensure data;
27 Section 10.F.1 and Section 12.
28 Section 10.F.2 and 10.F.3.
29 Section 10.G.
30 Section 10.H.
31 Section 11.
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