law24268

Chapter 268

2024 -- H 7350 SUBSTITUTE A
Enacted 06/25/2024

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- SOCIAL WORK LICENSURE COMPACT

Introduced By: Representatives Caldwell, Fogarty, Serpa, McGaw, Speakman, Kislak, Morales, Potter, Edwards, and Voas

Date Introduced: January 31, 2024

It is enacted by the General Assembly as follows:

SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

is hereby amended by adding thereto the following chapter:

CHAPTER 39.2

SOCIAL WORK LICENSURE COMPACT

5-39.2-1. Purpose.

(a) 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 current system of state

licensure.

(b) This compact is designed to achieve 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 care is rendered; and

(9) Allow for the use of telehealth to facilitate increased access to regulated social work

services.

5-39.2-2. Definitions.

As used in this compact, and except as otherwise provided, the following definitions shall

apply:

(1) "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.

(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 non-disciplinary monitoring or practice remediation

process approved by a licensing authority to address practitioners with an impairment.

(4) "Charter member states" means member states who that have enacted legislation to

adopt this compact where such legislation predates the effective date of this compact as described

in § 5-39.2-14.

(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 described in § 5-39.2-10, and which that shall operate as an

instrumentality of the member states.

(6) "Current significant investigative information" means:

(i) Investigative information that a licensing authority, after a preliminary inquiry that

includes notification and an opportunity for the regulated social worker to respond has reason to

believe is not groundless and, if proved true, would indicate more than a minor infraction as may

be defined by the commission; or

(ii) 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.

(7) "Data system" means a repository of information about licensees, including, continuing

education, examination, licensure, current significant investigative information, disqualifying

event, multistate license(s) and adverse action information, or other information as required by the

commission.

(8) "Disqualifying event" means any adverse action or incident which that results in an

encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain, or renew a

multistate license.

(9) "Domicile" means the jurisdiction in which the licensee resides and intends to remain

indefinitely.

(10) "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.

(11) "Executive committee" means a group of delegates elected or appointed to act on

behalf of, and within the powers granted to them by, the compact and commission.

(12) "Home state" means the member state that is the licensee's primary domicile.

(13) "Impairment" means a condition(s) that may impair a practitioner's ability to engage

in full and unrestricted practice as a regulated social worker without some type of intervention and

may include alcohol and drug dependence, mental health impairment, and neurological or physical

impairments.

(14) "Licensee(s)" means an individual who currently holds a license from a state to

practice as a regulated social worker.

(15) "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.

(16) "Member state" means a state, commonwealth, district, or territory of the United States

of America that has enacted this compact.

(17) "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.

(18) "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.

(19) "Qualifying national exam" means a national licensing examination approved by the

commission.

(20) "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.

(21) "Remote state" means a member state other than the licensee's home state.

(22) "Rule(s)" or "rule(s) of the commission" means a regulation or regulations duly

promulgated by the commission, as authorized by the compact, that has the force of law.

(23) "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.

(24) "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.

(25) "State" means any state, commonwealth, district, or territory of the United States of

America that regulates the practice of social work.

(26) "Unencumbered license" means a license that authorizes a regulated social worker to

engage in the full and unrestricted practice of social work.

5-39.2-3. State participation in the compact.

(a) To be eligible to participate in the compact, a potential member state shall currently

meet all of the following criteria:

(1) License and regulate the practice of social work at either the clinical, master's, or

bachelor's category;

(2) Require applicants for licensure to graduate from a program that is:

(i) Operated by a college or university recognized by the licensing authority;

(ii) Accredited, or in candidacy by an institution that subsequently becomes accredited, by

an accrediting agency recognized by either:

(A) The council for higher education accreditation Council for Higher Education

Accreditation, or its successor; or

(B) The United States Department of Education; and

(iii) Corresponds to the licensure sought as outlined in § 5-39.2-4;

(3) Require applicants for clinical licensure to complete a period of supervised practice;

and

(4) Have a mechanism in place for receiving, investigating, and adjudicating complaints

about licensees.

(b) To maintain membership in the compact, a member state shall:

(1) Require that applicants for a multistate license pass a qualifying national exam for the

corresponding category of multistate license sought as outlined in § 5-39.2-4;

(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'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 the compact and rules of the commission; and

(8) Designate a delegate to participate in the commission meetings.

subsections (a) and (b) of 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 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 § 5-39.2-4 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.

5-39.2-4. 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 shall:

(1) Hold or be eligible for an active, unencumbered license in the home state;

(2) Pay any applicable fees, including any state fee, for the multistate license;

(3) Submit, in connection with an application for a multistate license, fingerprints or other

biometric data for the purpose of obtaining criminal history record information from the Federal

Bureau of Investigation and the agency responsible for retaining that state's criminal records;

(4) Notify the home state of any adverse action, encumbrance, or restriction on any

professional license taken by any member state or non-member state within thirty (30) days from

the date the action is taken;

(5) Meet any continuing competence requirements established by the home state; and

(6) Abide by the laws, regulations, and applicable standards in the member state where the

client is located at the time care is rendered.

(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:

(i) Passage of a clinical-category qualifying national exam; or

(ii) Licensure of the applicant in their home state at the clinical category, beginning prior

to such time as a qualifying national exam was required by the home state and accompanied by a

period of continuous social work licensure thereafter, all of which may be further governed by the

rules of the commission; or

(iii) 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:

(i) Operated by a college or university recognized by the licensing authority; and

(ii) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting

agency recognized by either:

(A) The council Council for higher education accreditation Higher Education

Accreditation or its successor; or

(B) The United States Department of Education; and

(3) Fulfill a practice requirement, which shall be satisfied by demonstrating completion of

either:

(i) A period of postgraduate supervised clinical practice equal to a minimum of three

thousand (3,000) hours;

(ii) A minimum of two (2) years of full-time postgraduate supervised clinical practice; or

(iii) The substantial equivalency of the foregoing practice requirements which the

commission may determine by rule.

requirements:

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

(i) Passage of a masters-category qualifying national exam;

(ii) Licensure of the applicant in their 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; or

(iii) The substantial equivalency of the foregoing competency requirements which the

commission may determine by rule.

(b2) Attain at least a master's degree in social work from a program that is:

(1i) Operated by a college or university recognized by the licensing authority; and

(2(ii)) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting

agency recognized by either:

(iA) The council for higher education accreditation Council for Higher Education

Accreditation or its successor; or

(iiB) The United States Department of Education.

(cd) 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:

(i) Passage of a bachelor's-category qualifying national exam;

(ii) Licensure of the applicant in their 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; or

(iii) 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:

(i) Operated by a college or university recognized by the licensing authority; and

(ii) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting

agency recognized by either:

(A) The council Council for higher education accreditation Higher Education

Accreditation or its successor; or

(B) The United States Department of Education.

(de) 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 § 5-39.2-4(a) subsection (a) of this section to be eligible to renew a multistate

license.

(ef) 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.

(fg) 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.

(gh) 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.

5-39.2-5. Issuance of a multistate license.

(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 § 5-39.2-4.

(b) If such applicant is eligible pursuant to § 5-39.2-4, 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.

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.

5-39.2-6. 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.

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.

5-39.2-7. Reissuance of a multistate license by a new home state.

(a) A licensee can hold a multistate license, issued by their home state, in only one member

state at any given time.

(b) If a licensee changes their home state by moving between two (2) member states:

(1) The licensee shall immediately apply for the reissuance of their multistate license in

their new home state. The licensee shall pay all applicable fees and notify the prior home state in

accordance with the rules of the commission.

(2) Upon receipt of an application to reissue a multistate license, the new home state shall

verify that the multistate license is active, unencumbered, and eligible for reissuance under the

terms of 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

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.

to a non-member state, or from a non-member state to a member state, then the licensee shall be

subject to the state requirements for the issuance of a single-state license in the new home state.

(d) Nothing in this compact shall interfere with a licensee's ability to hold a single-state

license in multiple states; however, for the purposes of this compact, a licensee shall have only one

home state, and only one multistate license.

(e) Nothing in this compact shall interfere with the requirements established by a member

state for the issuance of a single state license.

5-39.2-8. Military families.

An active military member or their spouse shall designate a home state where the individual

has a multistate license. The individual may retain their home state designation during the period

the service member is on active duty.

5-39.2-9. Adverse actions.

(a) In addition to the other powers conferred by state law, a remote state shall have the

authority, in accordance with existing state due process law, to:

(1) Take adverse action against a regulated social worker's multistate authorization to

practice only within that member state, and issue subpoenas for both hearings and investigations

that require the attendance and testimony of witnesses as well as the production of evidence.

Subpoenas issued by a licensing authority in a member state for the attendance and testimony of

witnesses or the production of evidence from another member state shall be enforced in the latter

state by any court of competent jurisdiction, according to the practice and procedure of that court

applicable to subpoenas issued in proceedings pending before it. The issuing licensing authority

shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes

of the state in which the witnesses or evidence are located.

(2) Only the home state shall have the power to take adverse action against a regulated

social worker's multistate license.

(b) For purposes of taking adverse action, the home state shall give the same priority and

effect to reported conduct received from a member state as it would if the conduct had occurred

within the home state. In so doing, the home state shall apply its own state laws to determine

appropriate action.

who changes their home state during the course of the investigations. The home state shall also

have the authority to take appropriate action(s) and shall promptly report the conclusions of the

investigations to the administrator of the data system. The administrator of the data system shall

promptly notify the new home state of any adverse actions.

(d) A member state, if otherwise permitted by state law, may recover from the affected

regulated social worker the costs of investigations and dispositions of cases resulting from any

adverse action taken against that regulated social worker.

(e) A member state may take adverse action based on the factual findings of another

member state; provided that, the member state follows its own procedures for taking the adverse

action.

(f) Joint investigations:

(1) In addition to the authority granted to a member state by its respective social work

practice act or other applicable state law, any member state may participate with other member

states in joint investigations of licensees.

(2) Member states shall share any investigative, litigation, or compliance materials in

furtherance of any joint or individual investigation initiated under 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.

5-39.2-10. 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 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 shall come into existence on or after the effective date of the

compact as set forth in § 5-39.2-14.

(b) 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:

(i) A current member of the state licensing authority at the time of appointment, who is a

regulated social worker or public member of the state licensing authority; or

(ii) An administrator of the state licensing authority or their designee.

(3) The commission shall by rule or bylaw establish a term of office for delegates and may

by rule or bylaw establish term limits.

(4) The commission may recommend removal or suspension of any delegate from office.

(5) A member state's state licensing authority shall fill any vacancy of its delegate occurring

on the commission within sixty (60) days of the vacancy.

(6) Each delegate shall be entitled to one vote on all matters before the commission

requiring a vote by commission delegates.

(7) A delegate shall vote in person or by such other means as provided in the bylaws. The

bylaws may provide for delegates to meet by telecommunication, videoconference, or other means

of communication.

(8) The commission shall meet at least once during each calendar year. Additional meetings

may be held as set forth in the bylaws. The commission may meet by telecommunication,

videoconference, or other similar electronic means.

(1) Establish the fiscal year of the commission;

(2) Establish code of conduct and conflict of interest policies;

(3) Establish and amend rules and bylaws;

(4) Maintain its financial records in accordance with the bylaws;

(5) Meet and take such actions as are consistent with the provisions of this compact, the

commission's rules, and the bylaws;

(6) Initiate and conclude legal proceedings or actions in the name of the commission;

provided that, the standing of any state licensing board to sue or be sued under applicable law shall

not be affected;

(7) Maintain and certify records and information provided to a member state as the

authenticated business records of the commission, and designate an agent to do so on the

commission's behalf;

(8) Purchase and maintain insurance and bonds;

(9) Borrow, accept, or contract for services of personnel, including, but not limited to,

employees of a member state;

(10) Conduct an annual financial review;

(11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such

individuals appropriate authority to carry out the purposes of 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 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 the compact; and

(22) Perform such other functions as may be necessary or appropriate to achieve the

purposes of this compact.

(d) The executive committee.

(1) The executive committee shall have the power to act on behalf of the commission

according to the terms of this compact. The powers, duties, and responsibilities of the executive

committee shall include:

(i) Oversee the day-to-day activities of the administration of the compact including

enforcement and compliance with the provisions of the compact, its rules and bylaws, and other

such duties as deemed necessary;

(ii) Recommend to the commission changes to the rules or bylaws, changes to this compact,

fees charged to compact member states, fees charged to licensees, and other fees;

(iii) Ensure compact administration services are appropriately provided, including by

contract;

(iv) Prepare and recommend the budget;

(v) Maintain financial records on behalf of the commission;

(vi) Monitor compact compliance of member states and provide compliance reports to the

commission;

(vii) Establish additional committees as necessary;

(viii) Exercise the powers and duties of the commission during the interim between

commission meetings, except for adopting or amending rules, adopting or amending bylaws, and

exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and

(ix) Other duties as provided in the rules or bylaws of the commission.

(2) The executive committee shall be composed of up to eleven (11) members:

(i) The chair and vice chair of the commission shall be voting members of the executive

committee; and

(ii) The commission shall elect five (5) voting members from the current membership of

the commission.

(iii) Up to four (4) ex officio, nonvoting members from four (4) recognized national social

work organizations.

(iv) 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.

(i) Executive committee meetings shall be open to the public, except that the executive

committee may meet in a closed, non-public meeting as provided in § 5-39.2-10(f)(2) subsection

(f)(2) of this section.

(ii) The executive committee shall give seven (7) days' notice of its meetings, posted on its

website and as determined to provide notice to persons with an interest in the business of the

commission.

(iii) The executive committee may hold a special meeting in accordance with § 5-39.2-

10(f)(1)(ii) subsection (f)(1)(ii) of this section.

(e) The commission shall adopt and provide to the member states an annual report.

(f) Meetings of the commission.

(1) All meetings shall be open to the public, except that the commission may meet in a

closed, non-public meeting as provided in § 5-39.2-10(f)(2).

(i) 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 § 5-39.2-12, except that the

commission may hold a special meeting as provided in § 5-39.2-10 subsection (f)(1)(ii) of this

section.

(ii) The commission may hold a special meeting when it must meet to conduct emergency

business by giving forty-eight (48) hours' notice to all commissioners, on the commission's website,

and other means as provided in the commission's rules. The commission's legal counsel shall certify

that the commission's need to meet qualifies as an emergency.

(2) The commission or the executive committee or other committees of the commission

may convene in a closed, non-public meeting for the commission or executive committee or other

committees of the commission to receive legal advice or to discuss:

(i) Non-compliance of a member state with its obligations under the compact;

(ii) The employment, compensation, discipline, or other matters, practices, or procedures

related to specific employees;

(iii) Current or threatened discipline of a licensee by the commission or by a member state's

licensing authority;

(iv) Current, threatened, or reasonably anticipated litigation;

(v) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

(vi) Accusing any person of a crime or formally censuring any person;

(vii) Trade secrets or commercial or financial information that is privileged or confidential;

(viii) Information of a personal nature where disclosure would constitute a clearly

unwarranted invasion of personal privacy;

(ix) Investigative records compiled for law enforcement purposes;

(x) 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 the compact;

(xi) Matters specifically exempted from disclosure by federal or member state law; or

(xii) Other matters as promulgated by the commission by rule.

(3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the

meeting will be closed and reference each relevant exempting provision, and such reference shall

be recorded in the minutes.

(4) The commission shall keep minutes that fully and clearly describe all matters discussed

in a meeting and shall provide a full and accurate summary of actions taken, and the reasons

therefore, including a description of the views expressed. All documents considered in connection

with an action shall be identified in such minutes. All minutes and documents of a closed meeting

shall remain under seal, subject to release only by a majority vote of the commission or order of a

court of competent jurisdiction.

(g) Financing of the commission.

(1) The commission shall pay, or provide for the payment of, the reasonable expenses of

its establishment, organization, and ongoing activities.

(2) The commission may accept any and all appropriate revenue sources as provided in

subsection (c)(13) of this section.

(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) Qualified immunity, defense, and indemnification.

(1) The members, officers, executive director, employees, and representatives of the

commission shall be immune from suit and liability, both personally and in their official capacity,

for any claim for damage to or loss of property or personal injury or other civil liability caused by

or arising out of any actual or alleged act, error, or omission that occurred, or that the person against

whom the claim is made had a reasonable basis for believing occurred within the scope of

commission employment, duties, or responsibilities; provided that, nothing in this section shall be

construed to protect any such person from suit or liability for any damage, loss, injury, or liability

caused by the intentional or willful or wanton misconduct of that person. The procurement of

insurance of any type by the commission shall not in any way compromise or limit the immunity

granted hereunder.

(2) The commission shall defend any member, officer, executive director, employee, and

representative of the commission in any civil action seeking to impose liability arising out of any

actual or alleged act, error, or omission that occurred within the scope of commission employment,

duties, or responsibilities, or as determined by the commission that the person against whom the

claim is made had a reasonable basis for believing occurred within the scope of commission

employment, duties, or responsibilities; provided that, nothing herein shall be construed to prohibit

that person from retaining their own counsel at their own expense; and provided further, that the

actual or alleged act, error, or omission did not result from that person's intentional or willful or

wanton misconduct.

(3) The commission shall indemnify and hold harmless any member, officer, executive

director, employee, and representative of the commission for the amount of any settlement or

judgment obtained against that person arising out of any actual or alleged act, error, or omission

that occurred within the scope of commission employment, duties, or responsibilities, or that such

person had a reasonable basis for believing occurred within the scope of commission employment,

duties, or responsibilities; provided that, the actual or alleged act, error, or omission did not result

from the intentional or willful or wanton misconduct of that person.

(4) Nothing in this section shall be construed as a limitation on the liability of any licensee

for professional malpractice or misconduct, which shall be governed solely by any other applicable

state laws.

(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member

state's state action immunity or state action affirmative defense with respect to antitrust claims

under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law

or regulation.

(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the

member states or by the commission.

5-39.2-11. 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.

submit a uniform data set to the data system on all individuals to whom this compact is applicable

as required by the rules of the commission, including:

(1) Identifying information;

(2) Licensure data;

(3) Adverse actions against a license and information related thereto;

(4) Non-confidential information related to alternative program participation, the

beginning and ending dates of such participation, and other information related to such participation

not made confidential under member state law;

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

(6) The presence of current significant investigative information; and

(7) Other information that may facilitate the administration of this compact or the

protection of the public, as determined by the rules of the commission.

(d) The records and information provided to a member state pursuant to this compact or

through the data system, when certified by the commission or an agent thereof, shall constitute the

authenticated business records of the commission, and shall be entitled to any associated hearsay

exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state.

(e) Current significant investigative information pertaining to a licensee in any member

state will only be available to other member states.

(1) It is the responsibility of the member states to report any adverse action against a

licensee and to monitor the database to determine whether adverse action has been taken against a

licensee. Adverse action information pertaining to a licensee in any member state will be available

to any other member state.

(f) Member states contributing information to the data system may designate information

that may not be shared with the public without the express permission of the contributing state.

(g) Any information submitted to the data system that is subsequently expunged pursuant

to federal law or the laws of the member state contributing the information shall be removed from

the data system.

5-39.2-12. Rulemaking.

(a) The commission shall promulgate reasonable rules in order to effectively and efficiently

implement and administer the purposes and provisions of the 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 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.

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

(4) years of the date of adoption of the rule, then such rule shall have no further force and effect in

any member state.

(e) Rules shall be adopted at a regular or special meeting of the commission.

(f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and

allow persons to provide oral and written comments, data, facts, opinions, and arguments.

(g) Prior to adoption of a proposed rule by the commission, and at least thirty (30) days in

advance of the meeting at which the commission will hold a public hearing on the proposed rule,

the commission shall provide a notice of proposed rulemaking:

(1) On the website of the commission or other publicly accessible platform;

(2) To persons who have requested notice of the commission's notices of proposed

rulemaking, and

(3) In such other way(s) as the commission may by rule specify.

(h) The notice of proposed rulemaking shall include:

(1) The time, date, and location of the public hearing at which the commission will hear

public comments on the proposed rule and, if different, the time, date, and location of the meeting

where the commission will consider and vote on the proposed rule;

(2) If the hearing is held via telecommunication, videoconference, 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; and

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

(i) All hearings will be recorded. A copy of the recording and all written comments and

documents received by the commission in response to the proposed rule shall be available to the

public.

(j) Nothing in this section shall be construed as requiring a separate hearing on each rule.

Rules may be grouped for the convenience of the commission at hearings required by this section.

(k) The commission shall, by majority vote of all members, take final action on the

proposed rule based on the rulemaking record and the full text of the rule.

(1) The commission may adopt changes to the proposed rule provided the changes do not

enlarge the original purpose of the proposed rule.

(2) The commission shall provide an explanation of the reasons for substantive changes

made to the proposed rule as well as reasons for substantive changes not made that were

recommended by commenters.

(3) The commission shall determine a reasonable effective date for the rule. Except for an

emergency as provided in §§ 5-39.2-12(l) through 5-39.2-12(l)(4), the effective date of the rule

shall be no sooner than thirty (30) days after issuing the notice that it adopted or amended the rule.

(l) Upon determination that an emergency exists, the commission may consider and adopt

an emergency rule with forty-eight (48) hours' notice, with opportunity to comment; provided that,

the usual rulemaking procedures provided in the compact and in this section shall be retroactively

applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the

effective date of the rule. For the purposes of this provision, an emergency rule is one that must be

adopted immediately in order to:

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

(2) Prevent a loss of commission or member state funds;

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

(4) Protect public health and safety.

(m) The commission or an authorized committee of the commission may direct revisions

to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors

in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website

of the commission. The revision shall be subject to challenge by any person for a period of thirty

(30) days after posting. The revision may be challenged only on grounds that the revision results in

a material change to a rule. A challenge shall be made in writing and delivered to the commission

prior to the end of the notice period. If no challenge is made, the revision will take effect without

further action. If the revision is challenged, the revision may not take effect without the approval

of the commission.

(n) No member state's rulemaking requirements shall apply under this compact.

5-39.2-13. 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) Except as otherwise provided in this compact, venue is proper and judicial proceedings

by or against the commission shall be brought solely and exclusively in a court of competent

jurisdiction where the principal office of the commission is located. The commission may waive

venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative

dispute resolution proceedings. Nothing in this section 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

its obligations or responsibilities under this compact or the promulgated rules, the commission shall

provide written notice to the defaulting state. The notice of default shall describe the default, the

proposed means of curing the default, and any other action that the commission may take, and shall

offer training and specific technical assistance regarding the default.

(2) The commission shall provide a copy of the notice of default to the other member states.

the compact upon an affirmative vote of a majority of the delegates of the member states, and all

rights, privileges, and benefits conferred on that state by this compact may be terminated on the

effective date of termination. A cure of the default does not relieve the offending state of obligations

or liabilities incurred during the period of default.

(d) Termination of membership in the compact shall be imposed only after all other means

of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given

by the commission to the governor, the majority and minority leaders of the defaulting state's

legislature, the defaulting state's 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

(6) months after the date of said notice of termination.

(g) The commission shall not bear any costs related to a state that is found to be in default

or that has been terminated from the compact, unless agreed upon in writing between the

commission and the defaulting state.

(h) The defaulting state may appeal the action of the commission by petitioning the 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's fees.

(i) Dispute resolution.

(1) Upon request by a member state, the commission shall attempt to resolve disputes

related to the compact that arise among member states and between member and non-member

states.

(2) The commission shall promulgate a rule providing for both mediation and binding

dispute resolution for disputes as appropriate.

(j) Enforcement.

(1) By majority vote as provided by rule, the commission may initiate legal action against

a member state in default in the United States District Court for the District of Columbia or the

federal district where the commission has its principal offices to enforce compliance with the

provisions of the compact and its promulgated rules. The relief sought may include both injunctive

relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be

awarded all costs of such litigation, including reasonable attorney's fees. 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 the compact and its promulgated

rules. The relief sought may include both injunctive relief and damages. In the event judicial

enforcement is necessary, the prevailing party shall be awarded all costs of such litigation,

including reasonable attorney's fees.

(3) No person other than a member state shall enforce this compact against the commission.

5-39.2-14. 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) On or after the effective date of the compact, the commission shall convene and review

the enactment of each of the first seven (7) 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.

(i) 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 § 5-39.2-13.

(ii) 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 (7).

(2) Member states enacting the compact subsequent to the seven initial charter member

states shall be subject to the process set forth in § 5-39.2-10(c)(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

the administration of the compact prior to the effective date of the 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 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 (180) days

after enactment of the repealing statute.

(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's

licensing authority to comply with the investigative and adverse action reporting requirements of

this compact prior to the effective date of withdrawal.

(3) Upon the enactment of a statute withdrawing from this compact, a state shall

immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding

any subsequent statutory enactment to the contrary, such withdrawing state shall continue to

recognize all licenses granted pursuant to this compact for a minimum of one hundred eighty (180)

days after the date of such notice of withdrawal.

licensure agreement or other cooperative arrangement between a member state and a non-member

state that does not conflict with the provisions of this compact.

(d) This compact may be amended by the member states. No amendment to this compact

shall become effective and binding upon any member state until it is enacted into the laws of all

member states.

5-39.2-15. Construction and severability.

(a) This compact and the commission's rulemaking authority shall be liberally construed in

order 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

constitution of any member state, a state seeking participation in the 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.

participation in the compact or, in accordance with the requirements of § 5-39.2-13(b), terminate a

member state's participation in the compact, if it 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.

5-39.2-16. 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 in this section shall prevent or inhibit the enforcement of any other law of a

member state that is not inconsistent with the compact.

with the 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.

SECTION 2. This act shall take effect upon passage.

========

LC004007/SUB A

========