§ 37:2731 — Social Work Licensure Compact; adoption

Louisiana § 37:2731

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§2731. Social Work Licensure Compact; adoption
The Social Work Licensure Compact is hereby recognized and enacted into law and
entered into by this state with all states legally joining therein in the form substantially as
follows:
(A) The purpose of this Compact is to facilitate the interstate practice of regulated
social workers by improving public access to competent social work services. The Social
Work Licensure Compact preserves the regulatory authority of states to protect public health
and safety through the current system of state licensure.
(B) This Compact is designed to achieve all of the following objectives:
(1) Increase public access to social work services.
(2) Reduce overly burdensome and duplicative requirements associated with holding
multiple licenses.
(3) Enhance the member states' ability to protect the public's health and safety.
(4) Encourage the cooperation of member states in regulating multistate practice.
(5) Promote mobility and address workforce shortages by eliminating the necessity
for licenses in multiple states by providing for the mutual recognition of other member state
licenses.
(6) Support military families.
(7) Facilitate the exchange of licensure and disciplinary information among member
states.
(8) Authorize all member states to hold a regulated social worker accountable for
abiding by a member state's laws, regulations, and applicable professional standards in the
member state in which the client is located at the time that care is rendered.
(9) Allow for the use of telehealth to facilitate increased access to regulated social
work services.
For the purposes of this Chapter, the following terms have the meaning ascribed to
them:
(1) "Active military member" means any individual with full-time duty status in the
active United States Armed Forces, members of the National Guard of the United States, and
the United States Army Reserve.
(2) "Adverse action" means any administrative, civil, equitable, or criminal action
permitted by a state's laws which is imposed by a licensing authority or other authority
against a regulated social worker, including actions against an individual's license or
multistate authorization to practice such as revocation, suspension, probation, monitoring of
the 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.
(3) "Alternative program" means a nondisciplinary monitoring or practice
remediation process approved by a licensing authority to address practitioners with an
impairment.
(4) "Charter member states" means member states that have enacted legislation to
adopt this Compact where such legislation predates the effective date of this Compact as
provided in Section 14.
(5) "Compact commission" or "commission" means the government agency whose
membership consists of all states that have enacted this Compact, which is known as the
Social Work Licensure Compact Commission, as provided in Section 10, and which shall
operate as an instrumentality of the member states.
(6) "Criminal history record information" means all state records of arrest,
prosecution, and conviction, including those which have been expunged or dismissed in
accordance with Code of Criminal Procedure Articles 893 and 894 and national records,
which shall include fingerprints of the applicant, biometrics, and other identifying
information, if so requested by the licensing board.
(7) "Current significant investigative information" means:
(a) Investigative information that a licensing authority, after a preliminary inquiry
that includes notification and an opportunity for the regulated social worker to respond, has
reason to believe is not groundless and, if proven true, would indicate more than a minor
infraction as may be defined by the commission.
(b) Investigative information that indicates that the regulated social worker
represents an immediate threat to public health and safety, as may be defined by the
commission, regardless of whether the regulated social worker has been notified and has had
an opportunity to respond.
(8) "Data system" means a repository of information about licensees, including
continuing education, examination, licensure, current significant investigative information,
disqualifying event, multistate licenses, and adverse action information or other information
as required by the commission.
(9) "Disqualifying event" means any adverse action or incident which results in an
encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain, or
renew a multistate license.
(10) "Domicile" means the jurisdiction in which the licensee resides and intends to
remain indefinitely.
(11) "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.
(12) "Executive committee" means a group of delegates elected or appointed to act
on behalf of, and within the powers granted to them by, this Compact and commission.
(13) "Home state" means the member state that is the licensee's primary domicile.
(14) "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.
(15) "Licensee" means an individual who currently holds a license from a state to
practice as a regulated social worker.
(16) "Licensing authority" means the board or agency of a member state, or the
equivalent, that is responsible for the licensing and regulation of regulated social workers.
(17) "Member state" means a state, commonwealth, district, or territory of the United
States of America that has enacted this Compact.
(18) "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.
(19) "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.
(20) "Qualifying national exam" means a national licensing examination approved
by the commission.
(21) "Regulated social worker" means any social worker with a clinical, master's, or
bachelor's degree who is licensed by a member state regardless of the title used by that
member state.
(22) "Remote state" means a member state other than the licensee's home state.
(23) "Rule or rules of the commission" means a regulation or regulations duly
promulgated by the commission, as authorized by this Compact, that has the force of law.
(24) "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.
(25) "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.
(26) "State" means any state, commonwealth, district, or territory of the United
States of America that regulates the practice of social work.
(27) "Unencumbered license" means a license that authorizes a regulated social
worker to engage in the full and unrestricted practice of social work.
A. To be eligible to participate in this Compact, a potential member state shall
currently meet all of the following criteria:
(1) License and regulate the practice of social work at the clinical, master's, or
bachelor's category.
(2) Require applicants for licensure to graduate 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 by an institution 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.
(c) Corresponds to the licensure sought in accordance with Section 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 this 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 as provided in Section 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 this Compact and rules,
of any adverse action or the availability of current significant investigative information
regarding a licensee.
(4)(a) 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.
(b) The Louisiana State Board of Social Work Examiners shall be entitled to the
criminal history record and identification files of the Louisiana Bureau of Criminal
Identification and Information, located within the Department of Public Safety and
Corrections, of any person who is required to be licensed as a social worker in this state or
as part of the Social Work Licensure Compact. Fingerprints, biometrics, and other
identifying information of the applicant shall be submitted to the Louisiana Bureau of
Criminal Identification and Information. The Louisiana Bureau of Criminal Identification
and Information shall, upon request of the Louisiana State Board of Social Work Examiners
and after receipt of a fingerprint card and other identifying information from the applicant,
make available to the board all arrest and conviction information contained in the Louisiana
Bureau of Criminal Identification and Information's criminal history record and identification
files which pertain to the applicant for licensure. In addition, the fingerprints shall be
forwarded by the Louisiana Bureau of Criminal Identification and Information to the Federal
Bureau of Investigation for a national criminal history record check.
(c) In accordance with the authority provided for in this Compact, the costs of
providing the information required in accordance with this Paragraph shall be charged by the
Louisiana Bureau of Criminal Identification and Information, as specified in R.S. 15:587(B),
to the Louisiana State Board of Social Work Examiners for furnishing information contained
in the Louisiana Bureau of Criminal Identification and Information's criminal history records
and identification files, including any additional cost of providing the national criminal
history records check, which pertains to the applicant. The board may impose any or all such
fees or costs on the applicant.
(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.
(8) Designate a delegate to participate in the commission meetings.
C. A member state meeting the requirements provided in this Section 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 who otherwise meet the requirements of Section 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.
A. To be eligible for a multistate license under the terms and provisions of this
Compact, an applicant, regardless of category, shall 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, 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 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 that care is rendered.
B. An applicant for a clinical-category multistate license shall meet all of the
following requirements:
(1) Fulfill a competency requirement, which shall be satisfied by either of the
following:
(a) Passage of a clinical-category qualifying national exam.
(b) Licensure of the applicant in his 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.
(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 meets both
of the following criteria:
(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 either 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 shall meet all of the
following requirements:
(1) Fulfill a competency requirement, which shall be satisfied by either of the
following:
(a) Passage of a master's-category qualifying national exam.
(b) Licensure of the applicant in his 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 both 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 shall meet all of the
following requirements:
(1) Fulfill a competency requirement, which shall be satisfied by either of the
following:
(a) Passage of a bachelor's-category qualifying national exam.
(b) Licensure of the applicant in his 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 both 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 shall maintain compliance with
the requirements of this Section 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.
A. Upon receipt of an application for 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 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.
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.
A. A licensee can hold a multistate license, issued by his home state, in only one
member state at any given time.
B. If a licensee changes his home state by moving between two member states, all
of the following provisions shall apply:
(1) The licensee shall immediately apply for the reissuance of his multistate license
in his 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
in accordance with the provisions 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 his primary state of residence by moving from a member
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.
An active military member or his spouse shall designate a home state where the
individual has a multistate license. The individual may retain his home state designation
during the period the service member is on active duty.
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 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 his home state during the course of the investigations. The home state
shall also have the authority to take appropriate actions 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, if the member state follows its own procedures for taking the adverse action.
F. Both of the following apply to 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 in accordance with 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.
A. The member states of this Compact 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 shall
be an instrumentality of the Compact 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. All of the following apply to membership, voting, and meetings:
(1) Each member state shall have and be limited to one delegate selected by that
member state's state licensing authority.
(2) The delegate shall be either of the following:
(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.
(b) An administrator of the state licensing authority or his 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 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 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 via
telecommunication, video conference, or other similar electronic means.
C. The commission shall have power to do all of the following:
(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
if the standing of any state licensing board to sue or be sued under applicable law is not
affected.
(7) Maintain and certify records and information provided to a member state as the
authenticated business records of the commission and designate an agent to do so on the
commission's behalf.
(8) Purchase and maintain insurance and bonds.
(9) Borrow, accept, or contract for services of personnel, including 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, if at all times the commission avoids 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.
(22) Perform such other functions as may be necessary or appropriate to achieve the
purposes of this Compact.
D. All of the following apply to 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 this 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.
(i) Engage in other duties as provided in the rules or bylaws of the commission.
(2) The executive committee shall be composed of up to eleven members as follows:
(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 this Section.
(b) The executive committee shall give seven 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 this
Section.
E. The commission shall adopt and provide to the member states an annual report.
F. All of the following apply to 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 this Section.
(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 Section 12, except that
the commission may hold a special meeting as provided in this Section.
(b) The commission may hold a special meeting when it shall meet to conduct
emergency business by giving notice forty-eight hours in advance 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 or the executive committee or other committees of the
commission may convene in a closed, nonpublic meeting for the commission or 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) Accusation of 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.
(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 therefor, 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. All of the following apply for financing 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 this Section.
(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 shall 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. All of the following apply to 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, if nothing
in this Paragraph is 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, if nothing herein is
construed to prohibit that person from retaining his own counsel at his own expense, and if
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, if 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 Antitrust Act of 1890, Clayton Antitrust Act of 1914, 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.
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 reasons 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 in accordance with 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.(1) Current significant investigative information pertaining to a licensee in any
member state will be available only to other member states.
(2) 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.
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 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 member state legislatures reject 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 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 that meets all
of the following criteria:
(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.
(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 Section 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 if 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 this Section, the effective date of the rule shall be no sooner
than thirty 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 notice forty-eight hours in advance, with opportunity to
comment, if the usual rulemaking procedures provided in this Compact and in this Section
are 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 provision, an
emergency rule is one that shall be adopted immediately in order to do the following:
(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.
(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 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 in accordance with this
Compact.
A. All of the following apply to 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 that 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. All of the following apply to default, technical assistance, and termination:
(1) If the commission determines that a member state has defaulted in the
performance of its obligations or responsibilities in accordance with 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 this 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 this 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 state licensing authority, and each of the
member states' state 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 months after the date of the 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 this 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.
I. All of the following apply to 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
nonmember states.
(2) The commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
J. All of the following apply to 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 that 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 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 that judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable attorney fees.
(3) No person other than a member state shall enforce this Compact against the
commission.
A. This Compact shall come into effect on the date on which the 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) 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 that 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 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 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 it is enacted into
the laws of all member states.
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 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 of 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, the commission may deny a state's
participation in this Compact or, in accordance with the requirements of Section 13(B),
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.
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 that 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

Acts 2024, No. 791, §2.