§ 147I.1 — Social work licensure compact

Iowa § 147I.1

• Jurisdiction: Iowa
• Title IV: PUBLIC HEALTH
• Ch. 147I: SOCIAL WORK LICENSURE COMPACT

Text

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. The compact
preserves the regulatory authority of states to protect public health and safety through the
currentsystemofstatelicensure. Thecompactisdesignedtoachievethefollowingobjectives:
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. Facilitatetheexchangeoflicensureanddisciplinaryinformationamongmemberstates.
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.
i. Allow for the use of telehealth to facilitate increased access to regulated social work
services.
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 nondisciplinary 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 subsection 14.
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 subsection 10, and which shall
operate as an instrumentality of the member states.
f. “Current significant investigative information” means any of the following:
(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.
(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
§147I.1, SOCIAL WORK LICENSURE COMPACT 2
continuing education, examination, licensure, current significant investigative information,
disqualifying event, multistate license, 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. “Executivecommittee”meansagroupofdelegateselectedorappointedtoactonbehalf
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 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” 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
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 multistate authorization to practice.
s. “Qualifying national exam” means a national licensing examination approved by the
commission.
t. “Regulated social worker” means any clinical, master’s, or bachelor’s social worker
licensed by a member state regardless of the title used by that member state.
u. “Remote state” means a member state other than the licensee’s home state.
v. “Rule” or “rule of the commission” means a regulation or regulations duly promulgated
by the commission, as authorized by the compact, that has the force of law.
w. “Single state license” means a social work license issued by any state that authorizes
practiceonlywithintheissuingstateanddoesnotincludemultistateauthorizationtopractice
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 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.
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:
(1) License and regulate the practice of social work at either the clinical, master’s, or
bachelor’s category.
(2) Requireapplicantsforlicensuretograduatefromaprogramthatisallofthefollowing:
(a) Operated by a college or university recognized by the licensing authority.
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(b) Accredited, or in candidacy by an institution that subsequently becomes accredited,
by an accrediting agency recognized by either of the following:
(i) The council on higher education accreditation or its successor.
(ii) The United States department of education.
(c) Corresponding to the licensure sought under subsection 4.
(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 the compact, a member state shall do all of the following:
(1) Require that applicants for a multistate license pass a qualifying national exam for the
corresponding category of multistate license sought under subsection 4.
(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 the 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’squalificationsforlicensureorrenewaloflicensure, aswellasallotherapplicablehome
state laws.
(7) Authorize a licensee holding a multistate license in any member state to practice in
accordance with the terms of the compact and the rules of the commission.
(8) Designate a delegate to participate in the commission meetings.
c. A member state meeting the requirements of paragraphs “a” and “b” 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 the 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 subsection 4 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.
4. Social worker participation in the compact.
a. To be eligible for a multistate license under the terms and provisions of the compact,
an applicant, regardless of category, must do all of 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, inconnectionwithanapplicationforamultistatelicense, fingerprintsorother
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 nonmember state within thirty 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 any of the following:
(a) Passage of a clinical-category qualifying national exam.
(b) Licensure of the applicant in the applicant’s home state at the clinical category,
§147I.1, SOCIAL WORK LICENSURE COMPACT 4
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.
(c) The substantial equivalency of the foregoing competency requirements which the
commission may determine by rule.
(2) Attain at least a master’s degree in social work from a program that is all of the
following:
(a) Operated by a college or university recognized by the licensing authority.
(b) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting
agency recognized by either of the following:
(i) The council for higher education accreditation or its successor.
(ii) The United States department of education.
(3) Fulfill a practice requirement, which shall be satisfied by demonstrating completion of
any of the following:
(a) A period of postgraduate supervised clinical practice equal to a minimum of three
thousand hours.
(b) A minimum of two years of full-time postgraduate supervised clinical practice.
(c) The substantial equivalency of the foregoing practice requirements which the
commission may determine by rule.
c. An applicant for a master’s-category multistate license must meet all of the following
requirements:
(1) Fulfill a competency requirement, which shall be satisfied by any of the following:
(a) Passage of a master’s-category qualifying national exam.
(b) Licensure of the applicant in the applicant’s home state at the master’s category,
beginning prior to such time as a qualifying national exam was required by the home state
at the master’s 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.
(c) The substantial equivalency of the foregoing competency requirements which the
commission may determine by rule.
(2) Attain at least a master’s degree in social work from a program that is all of the
following:
(a) Operated by a college or university recognized by the licensing authority.
(b) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting
agency recognized by either of the following:
(i) The council for higher education accreditation or its successor.
(ii) The United States department of education.
d. An applicant for a bachelor’s-category multistate license must meet all of the following
requirements:
(1) Fulfill a competency requirement, which shall be satisfied by any of the following:
(a) Passage of a bachelor’s-category qualifying national exam.
(b) Licensure of the applicant in the applicant’s home state at the bachelor’s 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.
(c) The substantial equivalency of the foregoing competency requirements which the
commission may determine by rule.
(2) Attain at least a bachelor’s degree in social work from a program that is all of the
following:
(a) Operated by a college or university recognized by the licensing authority.
(b) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting
agency recognized by either of the following:
(i) The council for higher education accreditation or its successor.
(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 paragraph “a” to be eligible to renew a multistate license.
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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.
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 subsection 4 of this compact.
b. If such applicant is eligible pursuant to subsection 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. Uponissuanceofamultistatelicense, thehomestatelicensingauthorityshalldesignate
whether the regulated social worker holds a multistate license in the bachelor’s, master’s, 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.
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.
7. Reissuance of a multistate license by a new home state.
a. A licensee can hold a multistate license, issued by the licensee’s home state, in only one
member state at any given time.
b. If a licensee changes the licensee’s home state by moving between two member states:
(1) The licensee shall immediately apply for the reissuance of the licensee’s multistate
license in the licensee’s 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 the 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
proceduresforconsideringthecriminalhistoryrecordsofthelicensee. Suchproceduresshall
include the submission of fingerprints or other biometric-based information by applicants for
§147I.1, SOCIAL WORK LICENSURE COMPACT 6
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. Ifalicenseechangesthelicensee’sprimarystateofresidencebymovingfromamember
state to a nonmember state, or from a nonmember 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.
8. Military families. An active military member or the active military member’s spouse
shall designate a home state where the individual has a multistate license. The individual
may retain the individual’s home state designation during the period the service member is
on active duty.
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 do all of the following:
(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 for 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
whochangestheregulatedsocialworker’shomestateduringthecourseoftheinvestigations.
The home state shall also have the authority to take appropriate action 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 the member state’s own procedures
for taking the adverse action.
f. Joint investigations.
(1) Inadditiontotheauthoritygrantedtoamemberstatebythememberstate’srespective
social work practice act or other applicable state law, any member state may participate with
other member states in joint investigations of licensees.
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(2) Member states shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under the 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.
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 the 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
shallcomeintoexistenceonoraftertheeffectivedateofthecompactassetforthinsubsection
14.
b. Membership, voting, and meetings.
(1) Each member state shall have, and shall be limited to, one delegate selected by that
member state’s licensing authority.
(2) The delegate shall be either of the following:
(a) A current member of the licensing authority at the time of appointment, who is a
regulated social worker or public member of the state licensing authority.
(b) An administrator of the licensing authority or the administrator’s 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 licensing authority shall fill any vacancy of the authority’s delegate
occurring on the commission within sixty 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 the commission’s 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,
§147I.1, SOCIAL WORK LICENSURE COMPACT 8
provided that the standing of any licensing authority 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 the 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 the legislators’ 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 the compact.
(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 all of the following:
(a) Oversee the day-to-day activities of the administration of the compact including
enforcement and compliance with the provisions of the compact, the commission’s 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.
(i) Other duties as provided in the rules or bylaws of the commission.
9 SOCIAL WORK LICENSURE COMPACT, §147I.1
(2) The executive committee shall be composed of up to eleven members.
(a) The chair and vice chair of the commission shall be voting members of the executive
committee.
(b) The commission shall elect five voting members from the current membership of the
commission.
(c) Up to four ex officio, nonvoting members from four 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, nonpublic meeting as provided in paragraph “f”,
subparagraph (2).
(b) The executive committee shall give seven days’ notice of its meetings, posted on the
committee’s internet site, 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 paragraph
“f”, subparagraph (1), subparagraph division (b).
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, nonpublic meeting as provided in subparagraph (2).
(a) Public notice for all meetings of the full commission of meetings shall be given in the
same manner as required under the rulemaking provisions in subsection 12, except that the
commission may hold a special meeting as provided in subparagraph division (b).
(b) The commission may hold a special meeting when the commission must meet to
conduct emergency business by giving forty-eight hours’ notice to all commissioners, on
the commission’s website, and 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, the executive committee, or other committees of the commission
may convene in a closed, nonpublic meeting for the commission, executive committee, or
other committees of the commission to receive legal advice or to discuss any of the following:
(a) Noncompliance of a member state with its obligations under the 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 the
use of, the commission or other committee charged with responsibility of investigation or
determination of compliance issues pursuant to the compact.
(k) Matters specifically exempted from disclosure by federal or member state law.
(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
§147I.1, SOCIAL WORK LICENSURE COMPACT 10
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 by order of a court of competent jurisdiction.
g. Financing the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of
the commission’s establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources as provided in
paragraph “c”, subparagraph (13).
(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 the commission’s 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, 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 paragraph shall be construed to protect any such person from suit or
liability for any damage, loss, injury, or liability caused by the intentional, 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
11 SOCIAL WORK LICENSURE COMPACT, §147I.1
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, the 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.
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 all of the following:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a license and information related thereto.
(4) Nonconfidential 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 for such denial.
(6) The presence of current significant investigative information.
(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. It is the responsibility of the member
statestoreportanyadverseactionagainstalicenseeandtomonitorthedatabasetodetermine
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.
12. Rulemaking.
a. Thecommissionshallpromulgatereasonablerulesinordertoeffectivelyandefficiently
implementandadministerthepurposesandprovisionsofthecompact. Aruleshallbeinvalid
and have no force or effect only if a court of competent jurisdiction holds that the rule is
invalidbecausethecommissionexerciseditsrulemakingauthorityinamannerthatisbeyond
the scope and purposes of the 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
§147I.1, SOCIAL WORK LICENSURE COMPACT 12
in this section 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 the compact within
four 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 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 as follows:
(1) On the internet site of the commission or other publicly accessible platform.
(2) To persons who have requested notice of the commission’s notices of proposed
rulemaking.
(3) In such other ways as the commission may by rule specify.
h. The notice of proposed rulemaking shall include all of the following:
(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 commission shall include the mechanism for access to the hearing in the notice
of proposed rulemaking.
(3) The text of the proposed rule and the reason therefor.
(4) A request for comments on the proposed rule from any interested person.
(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 subsection 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 subsection.
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 paragraph “l”, the effective date of the rule shall be no sooner
than thirty days after issuing the notice that the commission adopted or amended the rule.
l. Upon determination that an emergency exists, the commission may consider and adopt
an emergency rule with forty-eight hours’ notice, with opportunity to comment, provided that
the usual rulemaking procedures provided in the compact and in this subsection shall be
retroactively applied to the rule as soon as reasonably possible, in no event later than ninety
days after the effective date of the rule. For the purposes of this paragraph, an emergency
rule is one that must be adopted immediately in order to do one of the following:
(1) Meet an imminent threat to public health, safety, or welfare.
(2) Prevent a loss of commission or member state funds.
(3) Meetadeadlineforthepromulgationofarulethatisestablishedbyfederallaworrule.
(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 internet site of the commission. The revision shall be subject to challenge by any person
13 SOCIAL WORK LICENSURE COMPACT, §147I.1
for a period of thirty 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.
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 the
compact.
(2) Exceptasotherwiseprovidedinthiscompact,venueisproperandjudicialproceedings
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 the commission 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 the 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 the member state’s obligations or responsibilities under this compact or the promulgated
rules,thecommissionshallprovidewrittennoticetothedefaultingstate. Thenoticeofdefault
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
ofsecuringcompliancehavebeenexhausted. Noticeofintenttosuspendorterminateshallbe
given by the commission to the governor, the majority and minority leaders of the defaulting
state’s legislature, the defaulting state’s state licensing authority, and each of the member
states’ licensing authority.
e. A state that has been terminated is responsible for all assessments, obligations, and
liabilitiesincurredthroughtheeffectivedateoftermination, includingobligationsthatextend
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 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 United
States 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 fees.
§147I.1, SOCIAL WORK LICENSURE COMPACT 14
i. Dispute resolution.
(1) Upon request by a member state, the commission shall attempt to resolve disputes
relatedtothecompactthatariseamongmemberstatesandbetweenmemberandnonmember
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
in the federal district where the commission has its principal offices, to enforce compliance
with the provisions of the compact and rules promulgated under the compact. 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 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 United States
district court for the District of Columbia, or in the federal district where the commission
has its principal offices, to enforce compliance with the provisions of the compact and rules
promulgated under the compact. The relief sought may include both injunctive relief and
damages. Intheeventjudicialenforcementisnecessary,theprevailingpartyshallbeawarded
all costs of such litigation, including reasonable attorney fees.
(3) No person other than a member state shall enforce this compact against the
commission.
14. Effective date, withdrawal, and amendment.
a. The compact shall come into effect on the date on which the compact statute is enacted
into law in the seventh member state.
(1) Onoraftertheeffectivedateofthecompact, thecommissionshallconveneandreview
the enactment of each of the first seven 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 subsection 13.
(b) If any member state is later found to be in default, or is terminated or withdraws from
the compact, the commission shall remain in existence and the compact shall remain in effect
even if the number of member states should be less than seven.
(2) Member states enacting the compact subsequent to the seven initial charter member
states shall be subject to the process set forth in subsection 10, paragraph “c”, subparagraph
(21), to determine if their enactments are materially different from the model compact statute
and whether they qualify for participation in the compact.
(3) All actions taken for the benefit of the commission or in furtherance of the purposes of
theadministrationofthecompactpriortotheeffectivedateofthecompactorthecommission
coming into existence shall be considered to be actions of the commission unless specifically
repudiated by the commission.
(4) Any state that joins the 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 the 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 the 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 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
15 SOCIAL WORK LICENSURE COMPACT, §147I.1
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 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
nonmember 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 the amendment is enacted
into the laws of all member states.
15. Construction and severability.
a. This compact and the commission’s rulemaking authority shall be liberally construed
so as to effectuate the purposes, and the implementation and administration of the compact.
Provisions of the 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
constitutionofanymemberstate,astateseekingparticipationinthecompact,oroftheUnited
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 paragraph “b”, the commission may deny a state’s participation
in the compact or, in accordance with the requirements of subsection 13, paragraph “b”,
terminate a member state’s participation in the compact, if the commission determines that
a constitutional requirement of a member state is a material departure from the compact.
Otherwise, if this compact shall be held to be contrary to the constitution of any member
state, the 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.
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 the compact.
c. Anylaws,statutes,regulations,orotherlegalrequirementsinamemberstateinconflict
with the compact are superseded to the extent of the conflict.
d. Allpermissibleagreementsbetweenthecommissionandthememberstatesarebinding
in accordance with the terms of the agreement.