§ 24-60-4602 — Compact approved and ratified

Colorado § 24-60-4602

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Interstate Compacts and Agreements

Text

The general assembly
approves and ratifies, and the governor shall enter into, a compact on behalf of the
state of Colorado and any of the United States or other jurisdictions legally joining
the compact in the form substantially as follows:

SECTION 1.

PURPOSE

The purpose of this Compact is to facilitate interstate practice of Regulated
Social Workers by improving public access to competent Social Work Services. This
Compact preserves the regulatory authority of States to protect public health and
safety through the current system of State licensure.

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 public's 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 State's 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.

SECTION 2.

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 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.

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 Section 14 of this Compact.

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 Section
10 of this Compact, 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 Current Significant Investigative Information; continuing education,
examination, licensure, Disqualifying Event, Multistate License(s) and Adverse
Action information; or other information as required by the Commission.

H. 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.

I. Domicile means the jurisdiction in which the Licensee resides and intends
to remain indefinitely.

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 Licensee's primary
Domicile.

M. 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 alcohol and drug dependence, mental
health impairment, and neurological or physical impairments.

N. Licensee(s) 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 of America 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 a 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 Licensee's Home
State.

V. Rule(s) or Rule(s) of the Commission means a regulation or regulations
duly promulgated by the Commission, as authorized by the Compact, that have 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, 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.

Y. State means any state, commonwealth, district, or territory of the United
States of America that regulates the practice of Social Work.

Z. Unencumbered License means a license that authorizes a Regulated
Social Worker to engage in the full and unrestricted practice of Social Work.

SECTION 3.

STATE PARTICIPATION IN THE COMPACT

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 the practice of Social Work at either the Clinical,
Masters, or Bachelors category;

2. Require applicants for licensure to graduate from a program that:

a. Is operated by a college or university recognized by the Licensing
Authority;

b. Is 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 United States Department of Education; and

c. Corresponds to the licensure sought as outlined in Section 4 of this
Compact;

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.

B. To maintain membership in this Compact a Member State shall:

1. Require that applicants for a Multistate License pass a Qualifying National
Exam for the corresponding category of Multistate License sought as outlined in
Section 4 of this Compact;

2. Participate fully in the Commission's Data System, 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 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.

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.

C. A Member State meeting the requirements of Section 3.A. and 3.B. of this
Compact shall 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 meet the requirements of Section 4 of this Compact for issuance of
a Multistate License in such category or categories of licensure.

D. The Home State may charge a fee for granting the Multistate License.

SECTION 4.

SOCIAL WORKER PARTICIPATION

IN THE COMPACT

A. To be eligible for a Multistate License under the terms and provisions of
this Compact, an applicant, regardless of category, must:

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 Federal Bureau of Investigation 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 thirty (30) days from the date the action is taken;

5. Meet any continuing competence requirements established by the Home
State;

6. Abide by the laws, regulations, and applicable standards in the Member
State where the client is located at the time care is rendered.

B. An applicant for a Clinical-category Multistate License must meet all of
the following requirements:

1. Fulfill a competency requirement, which shall be satisfied by either:

a. Passage of a Clinical-category Qualifying National Exam; or

b. Licensure of the applicant in their Home State at the clinical category,
beginning prior to such time as a Qualifying National Exam was required by the
Home State and accompanied by a period of continuous Social Work licensure
thereafter, all of which may be further governed by the Rules of the Commission; or

c. The substantial equivalency of the foregoing competency requirements
which the Commission may determine by Rule;

2. Attain at least a Masters degree in Social Work from a program that is:

a. Operated by a college or university recognized by the Licensing Authority;
and

b. Accredited, or in candidacy that subsequently becomes accredited, by an
accrediting agency recognized by either:

i. The Council for Higher Education Accreditation or its successor; or

ii. The United States Department of Education;

3. Fulfill a practice requirement, which shall be satisfied by demonstrating
completion of either:

a. A period of postgraduate supervised clinical practice equal to a minimum
of three thousand hours; or

b. A minimum of two years of full-time postgraduate supervised clinical
practice; or

c. The substantial equivalency of the foregoing practice requirements which
the Commission may determine by Rule.

C. An applicant for a Masters-category Multistate License must meet all of
the following requirements:

1. Fulfill a competency requirement, which shall be satisfied by either:

a. Passage of a Masters-category Qualifying National Exam;

b. Licensure of the applicant in their Home State at the Masters category,
beginning prior to such time as a Qualifying National Exam was required by the
Home State at the Masters-category and accompanied by a continuous period of
Social Work licensure thereafter, all of which may be further governed by the Rules
of the Commission; or

c. The substantial equivalency of the foregoing competency requirements
which the Commission may determine by Rule;

2. Attain at least a Masters degree in Social Work from a program that is:

a. Operated by a college or university recognized by the Licensing Authority;
and

b. Accredited, or in candidacy that subsequently becomes accredited, by an
accrediting agency recognized by either:

i. The Council for Higher Education Accreditation or its successor; or

ii. The United States Department of Education.

D. An applicant for a Bachelors-category Multistate License must meet all of
the following requirements:

1. Fulfill a competency requirement, which shall be satisfied by either:

a. Passage of a Bachelors-category Qualifying National Exam;

b. Licensure of the applicant in their Home State at the Bachelors-category,
beginning prior to such time as a Qualifying National Exam was required by the
Home State and accompanied by a period of continuous Social Work licensure
thereafter, all of which may be further governed by the Rules of the Commission; or

c. The substantial equivalency of the foregoing competency requirements
which the Commission may determine by Rule;

2. Attain at least a Bachelors degree in Social Work from a program that is:

a. Operated by a college or university recognized by the Licensing Authority;
and

b. Accredited, or in candidacy that subsequently becomes accredited, by an
accrediting agency recognized by either:

i. The Council for Higher Education Accreditation or its successor; or

ii. The United States Department of Education.

E. The Multistate License for a Regulated Social Worker is subject to the
renewal requirements of the Home State. The Regulated Social Worker must
maintain compliance with the requirements of Section 4.A. of this Compact to be
eligible to renew a Multistate License.

F. 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.

G. If a Multistate License is encumbered, the Regulated Social Worker's
Multistate Authorization to Practice shall be deactivated in all Remote States until
the Multistate License is no longer encumbered.

H. If a Multistate Authorization to Practice is encumbered in a Remote State,
the regulated Social Worker's Multistate Authorization to Practice may be
deactivated in that State until the Multistate Authorization to Practice is no longer
encumbered.

SECTION 5.

ISSUANCE OF A MULTISTATE LICENSE

A. Upon receipt of an application for a Multistate License, the Home State
Licensing Authority shall determine the applicant's eligibility for a Multistate
License in accordance with Section 4 of this Compact.

B. If such applicant is eligible pursuant to Section 4 of this Compact, the
Home State Licensing Authority shall issue a Multistate License that authorizes the
applicant or Regulated Social Worker to practice in all Member States under a
Multistate Authorization to Practice.

C. Upon issuance of a Multistate License, the Home State Licensing
Authority shall designate whether the Regulated Social Worker holds a Multistate
License in the Bachelors-, Masters-, or Clinical-category of Social Work.

D. A Multistate 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 each Member State.

SECTION 6.

AUTHORITY OF INTERSTATE

COMPACT COMMISSION AND

MEMBER STATE LICENSING AUTHORITIES

A. Nothing in this Compact, nor any Rule of the Commission, shall be
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 the provisions of this Compact.

B. Nothing in this Compact shall affect the requirements established by a
Member State for the issuance of a Single State License.

C. Nothing in this Compact, nor any Rule of the Commission, shall be
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.

D. Nothing in this Compact, nor any Rule of the Commission, shall be
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.

E. Nothing in this Compact, nor any Rule of the Commission, shall be
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.

SECTION 7.

REISSUANCE OF A MULTISTATE LICENSE

BY A NEW HOME STATE

A. A Licensee can hold a Multistate License, issued by their Home State, in
only one Member State at any given time.

B. If a Licensee changes their Home State by moving between two Member
States:

1. The Licensee shall immediately apply for the reissuance of their Multistate
License in their new Home State. The Licensee shall 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, the new
Home State shall 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 will 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, the new Home State
shall conduct procedures for considering the criminal history records of the
Licensee. Such 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.

4. If required for initial licensure, the new Home State may require
completion of jurisprudence requirements in the new Home State.

5. Notwithstanding any other provision of this Compact, 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 shall be subject to
the new Home State requirements for the issuance of a Single State License in that
State.

C. 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 shall be subject to the State requirements for the issuance
of a Single State License in the new Home State.

D. Nothing in this Compact shall interfere with a Licensee's ability to hold a
Single State License in multiple States; however, for the purposes of this Compact,
a Licensee shall have only one Home State and only one Multistate License.

E. Nothing in this Compact shall interfere with the requirements established
by a Member State for the issuance of a Single State License.

SECTION 8.

MILITARY FAMILIES

An Active Military Member or their spouse shall 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.

SECTION 9.

ADVERSE ACTIONS

A. In addition to the other powers conferred by State law, a Remote State
shall have 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 shall 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 shall 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.

2. Only the Home State shall have the power to take Adverse Action against
a Regulated Social Worker's Multistate License.

B. For purposes of taking Adverse Action, the Home State shall 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 shall apply its own State laws to determine appropriate action.

C. The Home State shall complete any pending investigations of a Regulated
Social Worker who changes their Home State during the course of the
investigations. The Home State shall also have the authority to take appropriate
action(s) and shall promptly report the conclusions of the investigations to the
administrator of the Data System. The administrator of the Data System shall
promptly notify the new Home State of any Adverse Actions.

D. A Member State, if otherwise permitted by State law, may 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.

E. A Member State may take Adverse Action based on the factual findings of
another Member State, provided that the Member State follows its own procedures
for taking the Adverse Action.

F. Joint Investigations:

1. In addition to the authority granted to a Member State by its respective
Social Work practice act or other applicable State law, any Member State may
participate with other Member States in joint investigations of Licensees.

2. Member States shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated under this
Compact.

G. If Adverse Action is taken by the Home State against the Multistate
License of a Regulated Social Worker, the Regulated Social Worker's Multistate
Authorization to Practice in all other Member States shall be 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 shall 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.

H. If a Member State takes Adverse Action, it shall promptly notify the
administrator of the Data System. The administrator of the Data System shall
promptly notify the Home State and all other Member States of any Adverse
Actions by Remote States.

I. Nothing in this Compact shall override a Member State's decision that
participation in an Alternative Program may be used in lieu of Adverse Action.

J. Nothing in this Compact shall 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.

K. Nothing in this Compact shall 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.

SECTION 10.

ESTABLISHMENT OF SOCIAL WORK

LICENSURE COMPACT COMMISSION

A. The Compact Member States hereby 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 Member States acting jointly and not
an instrumentality of any one State. The Commission shall come into existence on
or after the effective date of this Compact as set forth in Section 14.

B. Membership, Voting, and Meetings

1. Each Member State shall have and be limited to one (1) delegate selected
by that Member State's State Licensing Authority.

2. The delegate shall be either:

a. 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

b. An administrator of the State Licensing Authority or their designee.

3. The Commission shall by Rule or bylaw establish a term of office for
delegates and may by Rule or bylaw establish term limits.

4. The Commission may recommend removal or suspension of any delegate
from office.

5. A Member State's State Licensing Authority shall fill any vacancy of its
delegate occurring on the Commission within sixty (60) days of the vacancy.

6. Each delegate shall be entitled to one vote on all matters before the
Commission requiring a vote by Commission delegates.

7. A delegate shall 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.

8. The Commission shall 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.

C. The Commission shall have 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 the provisions of this
Compact, the Commission's Rules, and the bylaws;

6. Initiate and conclude legal proceedings or actions in the name of the
Commission, provided that the standing of any State Licensing Board to sue or be
sued under applicable law shall not be 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, but not
limited to, 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 Commission's personnel policies and programs relating
to conflicts of interest, qualifications of personnel, and other related personnel
matters;

12. Assess and collect fees;

13. Accept any and all appropriate gifts, donations, grants of money, other
sources of revenue, equipment, supplies, materials, and services, and receive,
utilize, and dispose of the same; provided that at all times the Commission shall
avoid any appearance of impropriety or conflict of interest;

14. Lease, purchase, retain, own, hold, improve, or use any property, real,
personal, or mixed, or any undivided interest therein;

15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, real, personal, or mixed;

16. Establish a budget and make expenditures;

17. Borrow money;

18. Appoint committees, including standing committees, composed of
members, State regulators, State legislators or their representatives, and consumer
representatives, and such other interested persons as may be designated in this
Compact and the bylaws;

19. Provide and receive information from, and cooperate with, law
enforcement agencies;

20. Establish and elect an Executive Committee, including a chair and a vice
chair;

21. Determine whether a State's adopted language is materially different
from the model compact language such that the State would not qualify for
participation in this Compact; and

22. Perform such other functions as may be necessary or appropriate to
achieve the purposes of this Compact.

D. The Executive Committee

1. The Executive Committee shall have the power to act on behalf of the
Commission according to the terms of this Compact. The powers, duties, and
responsibilities of the Executive Committee shall include:

a. Oversee the day-to-day activities of the administration of the Compact
including enforcement and compliance with the provisions of this Compact, its
Rules and bylaws, and other such duties as deemed necessary;

b. Recommend to the Commission changes to the Rules or bylaws, changes
to this Compact legislation, fees charged to Compact Member States, fees charged
to Licensees, and other fees;

c. Ensure Compact administration services are appropriately provided,
including by contract;

d. Prepare and recommend the budget;

e. Maintain financial records on behalf of the Commission;

f. Monitor Compact compliance of Member States and provide compliance
reports to the Commission;

g. Establish additional committees as necessary;

h. Exercise the powers and duties of the Commission during the interim
between Commission meetings, except for adopting or amending Rules, adopting or
amending bylaws, and exercising any other powers and duties expressly reserved
to the Commission by Rule or bylaw; and

i. Other duties as provided in the Rules or bylaws of the Commission.

2. The Executive Committee shall be composed of up to eleven (11) members:

a. The chair and vice chair of the Commission shall be voting members of the
Executive Committee;

b. The Commission shall elect five (5) voting members from the current
membership of the Commission; and

c. Up to four (4) ex-officio, nonvoting members from four (4) recognized
national Social Work organizations.

d. The ex-officio members will be selected by their respective organizations.

3. The Commission may remove any member of the Executive Committee as
provided in the Commission's bylaws.

4. The Executive Committee shall meet at least annually.

a. Executive Committee meetings shall be open to the public, except that the
Executive Committee may meet in a closed, non-public meeting as provided in
Subsection F.2. of this Section 10.

b. The Executive Committee shall give seven (7) days' notice of its meetings,
posted on its website and as determined to provide notice to persons with an
interest in the business of the Commission.

c. The Executive Committee may hold a special meeting in accordance with
Subsection F.1.b. of this Section 10.

E. The Commission shall adopt and provide to the Member States an annual
report.

F. Meetings of the Commission

1. All meetings shall be open to the public, except that the Commission may
meet in a closed, non-public meeting as provided in Subsection F.2. of this Section
10.

a. Public notice for all meetings of the full Commission shall be given in the
same manner as required under the Rulemaking provisions in Section 12 of this
Compact, except that the Commission may hold a special meeting as provided in
Subsection F.1.b. of this Section 10.

b. The Commission may hold a special meeting when it must meet to conduct
emergency business by giving forty-eight (48) hours' notice to all commissioners,
on the Commission's website, and by other means as provided in the Commission's
Rules. The Commission's legal counsel shall certify that the Commission's need to
meet qualifies as an emergency.

2. The Commission or the Executive Committee or other committees of the
Commission may convene in a closed, non-public meeting for the Commission or
Executive Committee or other committees of the Commission to receive legal
advice or to discuss:

a. Non-compliance of a Member State with its obligations under this
Compact;

b. The employment, compensation, discipline or other matters, practices, or
procedures related to specific employees;

c. Current or threatened discipline of a Licensee by the Commission or by a
Member State's Licensing Authority;

d. Current, threatened, or reasonably anticipated litigation;

e. Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;

f. Accusing any person of a crime or formally censuring any person;

g. Trade secrets or commercial or financial information that is privileged or
confidential;

h. Information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;

i. Investigative records compiled for law enforcement purposes;

j. Information related to any investigative reports prepared by or on behalf of
or for use of the Commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant to this Compact;

k. Matters specifically exempted from disclosure by federal or Member
State law; or

l. Other matters as promulgated by the Commission by Rule.

3. If a meeting, or portion of a meeting, is closed, the presiding officer shall
state that the meeting will be closed and reference each relevant exempting
provision, and such reference shall be recorded in the minutes.

4. The Commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate summary of
actions taken, and the reasons therefore, including a description of the views
expressed. All documents considered in connection with an action shall be
identified in such minutes. All minutes and documents of a closed meeting shall
remain under seal, subject to release only by a majority vote of the Commission or
order of a court of competent jurisdiction.

G. Financing of the Commission

1. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.

2. The Commission may accept any and all appropriate revenue sources as
provided in Subsection C.13. of this Section 10.

3. The Commission may levy on and collect an annual assessment from each
Member State and impose fees on Licensees of Member States to whom it grants a
Multistate License to cover the cost of the operations and activities of the
Commission and its staff, which must be in a total amount sufficient to cover its
annual budget as approved each year for which revenue is not provided by other
sources. The aggregate annual assessment amount for Member States shall be
allocated based upon a formula that the Commission shall promulgate by Rule.

4. The Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Commission pledge the credit
of any of the Member States, except by and with the authority of the Member State.

5. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject
to the financial review and accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled by the Commission shall
be subject to an annual financial review by a certified or licensed public accountant,
and the report of the financial review shall be included in and become part of the
annual report of the Commission.

H. Qualified Immunity, Defense, and Indemnification

1. The members, officers, executive director, employees and representatives
of the Commission shall be immune from suit and liability, both personally and in
their official capacity, for any claim for damage to or loss of property or personal
injury or other civil liability caused by or arising out of any actual or alleged act,
error, or omission that occurred, or that the person against whom the claim is made
had a reasonable basis for believing occurred within the scope of Commission
employment, duties, or responsibilities; provided that nothing in this Subsection H.1.
shall be construed to protect any such person from suit or liability for any damage,
loss, injury, or liability caused by the intentional or willful or wanton misconduct of
that person. The procurement of insurance of any type by the Commission shall not
in any way compromise or limit the immunity granted hereunder.

2. The Commission shall defend any member, officer, executive director,
employee, and representative of the Commission in any civil action seeking to
impose liability arising out of any actual or alleged act, error, or omission that
occurred within the scope of Commission employment, duties, or responsibilities, or
as determined by the Commission that the person against whom the claim is made
had a reasonable basis for believing occurred within the scope of Commission
employment, duties, or responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining their own counsel at their own
expense; and provided further, that the actual or alleged act, error, or omission did
not result from that person's intentional or willful or wanton misconduct.

3. The Commission shall indemnify and hold harmless any member, officer,
executive director, employee, and representative of the Commission for the amount
of any settlement or judgment obtained against that person arising out of any
actual or alleged act, error, or omission that occurred within the scope of
Commission employment, duties, or responsibilities, or that such person had a
reasonable basis for believing occurred within the scope of Commission
employment, duties, or responsibilities, provided that the actual or alleged act,
error, or omission did not result from the intentional or willful or wanton misconduct
of that person.

4. Nothing herein shall be construed as a limitation on the liability of any
Licensee for professional malpractice or misconduct, which shall be governed
solely by any other applicable State laws.

5. Nothing in this Compact shall be interpreted to waive or otherwise
abrogate a Member State's state action immunity or state action affirmative
defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any
other State or federal antitrust or anticompetitive law or regulation.

6. Nothing in this Compact shall be construed to be a waiver of sovereign
immunity by the Member States or by the Commission.

SECTION 11.

DATA SYSTEM

A. The Commission shall provide for the development, maintenance,
operation, and utilization of a coordinated Data System.

B. The Commission shall assign each applicant for a Multistate License a
unique identifier, as determined by the Rules of the Commission.

C. Notwithstanding any other provision of State law to the contrary, a
Member State shall submit a uniform data set to the Data System on all individuals
to whom this Compact is applicable as required by the Rules of the Commission,
including:

1. Identifying information;

2. Licensure data;

3. Adverse Actions against a license and information related thereto;

4. Non-confidential information related to Alternative Program participation,
the beginning and ending dates of such participation, and other information related
to such participation not made confidential under Member State law;

5. Any denial of application for licensure and the reason(s) for such denial;

6. The presence of Current Significant Investigative Information; and

7. Other information that may facilitate the administration of this Compact or
the protection of the public, as determined by the Rules of the Commission.

D. The records and information provided to a Member State pursuant to this
Compact or through the Data System, when certified by the Commission or an
agent thereof, shall constitute the authenticated business records of the
Commission and shall be entitled to any associated hearsay exception in any
relevant judicial, quasi-judicial, or administrative proceedings in a Member State.

E. Current Significant Investigative Information pertaining to a Licensee in
any Member State will only be available to other Member States.

1. It is the responsibility of the Member States to report any Adverse Action
against a Licensee and to monitor the database to determine whether Adverse
Action has been taken against a Licensee. Adverse Action information pertaining to
a Licensee in any Member State will be available to any other Member State.

F. Member States contributing information to the Data System may
designate information that may not be shared with the public without the express
permission of the contributing State.

G. Any information submitted to the Data System that is subsequently
expunged pursuant to federal law or the laws of the Member State contributing the
information shall be removed from the Data System.

SECTION 12.

RULEMAKING

A. The Commission shall promulgate reasonable Rules in order to effectively
and efficiently implement and administer the purposes and provisions of this
Compact. A Rule shall be invalid and have no force or effect only if a court of
competent jurisdiction holds that the Rule is invalid because the Commission
exercised its rulemaking authority in a manner that is beyond the scope and
purposes of this Compact, or the powers granted hereunder, or based upon another
applicable standard of review.

B. The Rules of the Commission shall have the force of law in each Member
State, provided however that where the Rules of the Commission conflict with the
laws of the Member State that establish the Member State's laws, regulations, and
applicable standards that govern the practice of Social Work as held by a court of
competent jurisdiction, the Rules of the Commission shall be ineffective in that
State to the extent of the conflict.

C. The Commission shall exercise its Rulemaking powers pursuant to the
criteria set forth in this Section 12. and the Rules adopted thereunder. Rules shall
become binding on the day following adoption or the date specified in the rule or
amendment, whichever is later.

D. If a majority of the legislatures of the Member States rejects a Rule or
portion of a Rule, by enactment of a statute or resolution in the same manner used
to adopt this Compact within four (4) years of the date of adoption of the Rule, then
such Rule shall have no further force and effect in any Member State.

E. Rules shall be adopted at a regular or special meeting of the Commission.

F. Prior to adoption of a proposed Rule, the Commission shall hold a public
hearing and allow persons to provide oral and written comments, data, facts,
opinions, and arguments.

G. Prior to adoption of a proposed Rule by the Commission, and at least thirty
(30) days in advance of the meeting at which the Commission will hold a public
hearing on the proposed Rule, the Commission shall provide a Notice of Proposed
Rulemaking:

1. On the website of the Commission or other publicly accessible platform;

2. To persons who have requested notice of the Commission's notices of
proposed rulemaking; and

3. In such other way(s) as the Commission may by Rule specify.

H. The Notice of Proposed Rulemaking shall include:

1. The time, date, and location of the public hearing at which the Commission
will hear public comments on the proposed Rule and, if different, the time, date, and
location of the meeting where the Commission will consider and vote on the
proposed Rule;

2. If the hearing is held via telecommunication, video conference, or other
electronic means, the mechanism for access to the hearing;

3. The text of the proposed Rule and the reason therefor;

4. A request for comments on the proposed Rule from any interested person;
and

5. The manner in which interested persons may submit written comments.

I. All hearings will be recorded. A copy of the recording and all written
comments and documents received by the Commission in response to the proposed
Rule shall be available to the public.

J. Nothing in this Section 12 shall be construed as requiring a separate
hearing on each Rule. Rules may be grouped for the convenience of the Commission
at hearings required by this Section.

K. The Commission shall, by majority vote of all members, take final action
on the proposed Rule based on the Rulemaking record and the full text of the Rule.

1. The Commission may adopt changes to the proposed Rule provided the
changes do not enlarge the original purpose of the proposed Rule.

2. The Commission shall provide an explanation of the reasons for
substantive changes made to the proposed Rule as well as reasons for substantive
changes not made that were recommended by commenters.

3. The Commission shall determine a reasonable effective date for the Rule.
Except for an emergency as provided in Section 12.L. of this Compact, the effective
date of the rule shall be no sooner than thirty (30) days after issuing the notice that
it adopted or amended the Rule.

L. Upon determination that an emergency exists, the Commission may
consider and adopt an emergency Rule with forty-eight (48) hours' notice, with
opportunity to comment, provided that the usual Rulemaking procedures provided
in this Compact and in this Section 12 shall be retroactively applied to the Rule as
soon as reasonably possible, in no event later than ninety (90) days after the
effective date of the Rule. For the purposes of this provision, an emergency Rule is
one that must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or welfare;

2. Prevent a loss of Commission or Member State funds;

3. Meet a deadline for the promulgation of a Rule that is established by
federal law or rule; or

4. Protect public health and safety.

M. The Commission or an authorized committee of the Commission may
direct revisions to a previously adopted Rule for purposes of correcting
typographical errors, errors in format, errors in consistency, or grammatical errors.
Public notice of any revisions shall be posted on the website of the Commission. The
revision shall be subject to challenge by any person for a period of thirty (30) days
after posting. The revision may be challenged only on grounds that the revision
results in a material change to a Rule. A challenge shall be made in writing and
delivered to the Commission prior to the end of the notice period. If no challenge is
made, the revision will take effect without further action. If the revision is
challenged, the revision may not take effect without the approval of the
Commission.

N. No Member State's rulemaking requirements shall apply under this
compact.

SECTION 13.

OVERSIGHT, DISPUTE RESOLUTION,

AND ENFORCEMENT

A. Oversight

1. The executive and judicial branches of State government in each Member
State shall enforce this Compact and take all actions necessary and appropriate to
implement this Compact.

2. Except as otherwise provided in this Compact, venue is proper and judicial
proceedings by or against the Commission shall be brought solely and exclusively
in a court of competent jurisdiction where the principal office of the Commission is
located. The Commission may waive venue and jurisdictional defenses to the extent
it adopts or consents to participate in alternative dispute resolution proceedings.
Nothing herein shall affect or limit the selection or propriety of venue in any action
against a Licensee for professional malpractice, misconduct or any such similar
matter.

3. The Commission shall be entitled to receive service of process in any
proceeding regarding the enforcement or interpretation of this Compact and shall
have standing to intervene in such a proceeding for all purposes. Failure to provide
the Commission service of process shall render a judgment or order void as to the
Commission, this Compact, or promulgated Rules.

B. Default, Technical Assistance, and Termination

1. If the Commission determines that a Member State has defaulted in the
performance of its obligations or responsibilities under this Compact or the
promulgated Rules, the Commission shall provide written notice to the defaulting
State. The notice of default shall describe the default, the proposed means of
curing the default, and any other action that the Commission may take, and shall
offer training and specific technical assistance regarding the default.

2. The Commission shall provide a copy of the notice of default to the other
Member States.

C. If a State in default fails to cure the default, the defaulting State may be
terminated from the Compact upon an affirmative vote of a majority of the
delegates of the Member States, and all rights, privileges, and benefits conferred
on that State by this Compact may be terminated on the effective date of
termination. A cure of the default does not relieve the offending State of
obligations or liabilities incurred during the period of default.

D. Termination of membership in the Compact shall be imposed only after all
other means of securing compliance have been exhausted. Notice of intent to
suspend or terminate shall be given by the Commission to the governor, the
majority and minority leaders of the defaulting State's legislature, the defaulting
State's Licensing Authority, and each of the Member States' Licensing Authority.

E. A State that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination,
including obligations that extend beyond the effective date of termination.

F. Upon the termination of a State's membership from this Compact, that
State shall immediately provide notice to all Licensees within that State of such
termination. The terminated State shall continue to recognize all licenses granted
pursuant to this Compact for a minimum of six (6) months after the date of said
notice of termination.

G. The Commission shall not bear any costs related to a State that is found
to be in default or that has been terminated from the Compact, unless agreed upon
in writing between the Commission and the defaulting State.

H. The defaulting State may appeal the action of the Commission by
petitioning the U.S. District Court for the District of Columbia or the federal district
where the Commission has its principal offices. The prevailing party shall be
awarded all costs of such litigation, including reasonable attorney's fees.

I. Dispute Resolution

1. Upon request by a Member State, the Commission shall attempt to resolve
disputes related to this Compact that arise among Member States and between
Member and non-Member States.

2. The Commission shall promulgate a Rule providing for both mediation and
binding dispute resolution for disputes as appropriate.

J. Enforcement

1. By majority vote as provided by Rule, the Commission may initiate legal
action against a Member State in default in the United States District Court for the
District of Columbia or the federal district where the Commission has its principal
offices to enforce compliance with the provisions of this Compact and its
promulgated Rules. The relief sought may include both injunctive relief and
damages. In the event judicial enforcement is necessary, the prevailing party shall
be awarded all costs of such litigation, including reasonable attorney's fees. The
remedies herein shall not be the exclusive remedies of the Commission. The
Commission may pursue any other remedies available under federal or the
defaulting Member State's law.

2. A Member State may initiate legal action against the Commission in the
U.S. District Court for the District of Columbia or the federal district where the
Commission has its principal offices to enforce compliance with the provisions of
the Compact and its promulgated Rules. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is necessary, the
prevailing party shall be awarded all costs of such litigation, including reasonable
attorney's fees.

3. No person other than a Member State shall enforce this compact against
the Commission.

SECTION 14.

EFFECTIVE DATE, WITHDRAWAL,

AND AMENDMENT

A. This Compact shall come into effect on the date on which this Compact
statute is enacted into law in the seventh Member State.

1. On or after the effective date of this Compact, the Commission shall
convene and review the enactment of each of the first seven Member States
(Charter Member States) to determine if the statute enacted by each such
Charter Member State is materially different than the model Compact statute.

a. A Charter Member State whose enactment is found to be materially
different from the model Compact statute shall be entitled to the default process
set forth in Section 13.

b. If any Member State is later found to be in default, or is terminated or
withdraws from this Compact, the Commission shall remain in existence and this
Compact shall remain in effect even if the number of Member States should be less
than seven.

2. Member States enacting this Compact subsequent to the seven initial
Charter Member States shall be subject to the process set forth in Section 10.C.21.
of this Compact to determine if their enactments are materially different from the
model Compact statute and whether they qualify for participation in this Compact.

3. All actions taken for the benefit of the Commission or in furtherance of
the purposes of the administration of this Compact prior to the effective date of this
Compact or the Commission coming into existence shall be considered to be
actions of the Commission unless specifically repudiated by the Commission.

4. Any State that joins this Compact subsequent to the Commission's initial
adoption of the Rules and bylaws shall be subject to the Rules and bylaws as they
exist on the date on which this Compact becomes law in that State. Any Rule that
has been previously adopted by the Commission shall have the full force and effect
of law on the day this Compact becomes law in that State.

B. Any Member State may withdraw from this Compact by enacting a statute
repealing the same.

1. A Member State's withdrawal shall not take effect until one hundred
eighty (180) days after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of the withdrawing
State's Licensing Authority to comply with the investigative and Adverse Action
reporting requirements of this Compact prior to the effective date of withdrawal.

3. Upon the enactment of a statute withdrawing from this Compact, a State
shall immediately provide notice of such withdrawal to all Licensees within that
State. Notwithstanding any subsequent statutory enactment to the contrary, such
withdrawing State shall continue to recognize all licenses granted pursuant to this
compact for a minimum of one hundred eighty (180) days after the date of such
notice of withdrawal.

C. Nothing contained in this Compact shall be construed to invalidate or
prevent any licensure agreement or other cooperative arrangement between a
Member State and a non-Member State that does not conflict with the provisions of
this Compact.

D. This Compact may be amended by the Member States. No amendment to
this Compact shall become effective and binding upon any Member State until it is
enacted into the laws of all Member States.

SECTION 15.

CONSTRUCTION AND SEVERABILITY

A. This Compact and the Commission's rulemaking authority shall be
liberally construed so as to effectuate the purposes, the implementation, and the
administration of this Compact. Provisions of this Compact expressly authorizing or
requiring the promulgation of Rules shall not be construed to limit the
Commission's rulemaking authority solely for those purposes.

B. The provisions of this Compact shall be severable and if any phrase,
clause, sentence, or provision of this Compact is held by a court of competent
jurisdiction to be contrary to the constitution of any Member State, a State seeking
participation in this Compact, or the United States, or the applicability thereof to
any government, agency, person, or circumstance is held to be unconstitutional by a
court of competent jurisdiction, the validity of the remainder of this Compact and
the applicability thereof to any other government, agency, person, or circumstance
shall not be affected thereby.

C. Notwithstanding Subsection B. of this Section 15, the Commission may
deny a State's participation in the Compact or, in accordance with the requirements
of Section 13.B. of this Compact, terminate a Member State's participation in this
Compact, if it determines that a constitutional requirement of a Member State is a
material departure from this Compact. Otherwise, if this Compact shall be held to
be contrary to the constitution of any Member State, this Compact shall remain in
full force and effect as to the remaining Member States and in full force and effect
as to the Member State affected as to all severable matters.

SECTION 16.

CONSISTENT EFFECT AND CONFLICT

WITH OTHER STATE LAWS

A. A Licensee providing services in a Remote State under a Multistate
Authorization to Practice shall adhere to the laws and regulations, including laws,
regulations, and applicable standards, of the Remote State where the client is
located at the time care is rendered.

B. Nothing herein shall prevent or inhibit the enforcement of any other law of
a Member State that is not inconsistent with this Compact.

C. Any laws, statutes, regulations, or other legal requirements in a Member
State in conflict with this Compact are superseded to the extent of the conflict.

D. All permissible agreements between the Commission and the Member
States are binding in accordance with their terms.

Legislative History

Source: L. 2024: Entire part added, (HB 24-1002), ch. 326, p. 2179, � 1, effective August 7.