2024 -- S 2184 | |
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LC003525 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS -- SOCIAL WORK LICENSURE | |
COMPACT | |
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Introduced By: Senators DiMario, Lauria, Pearson, Valverde, Murray, Lawson, Ujifusa, | |
Date Introduced: January 24, 2024 | |
Referred To: Senate Health & Human Services | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS" |
2 | is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 39.2 |
4 | SOCIAL WORK LICENSURE COMPACT |
5 | 5-39.2-1. Purpose. |
6 | (a) The purpose of this compact is to facilitate interstate practice of regulated social workers |
7 | by improving public access to competent social work services. The compact preserves the |
8 | regulatory authority of states to protect public health and safety through the current system of state |
9 | licensure. |
10 | (b) This compact is designed to achieve the following objectives: |
11 | (1) Increase public access to social work services; |
12 | (2) Reduce overly burdensome and duplicative requirements associated with holding |
13 | multiple licenses; |
14 | (3) Enhance the member states' ability to protect the public's health and safety; |
15 | (4) Encourage the cooperation of member states in regulating multistate practice; |
16 | (5) Promote mobility and address workforce shortages by eliminating the necessity for |
17 | licenses in multiple states by providing for the mutual recognition of other member state licenses; |
18 | (6) Support military families; |
| |
1 | (7) Facilitate the exchange of licensure and disciplinary information among member states; |
2 | (8) Authorize all member states to hold a regulated social worker accountable for abiding |
3 | by a member state's laws, regulations, and applicable professional standards in the member state in |
4 | which the client is located at the time care is rendered; and |
5 | (9) Allow for the use of telehealth to facilitate increased access to regulated social work |
6 | services. |
7 | 5-39.2-2. Definitions. |
8 | As used in this compact, and except as otherwise provided, the following definitions shall |
9 | apply: |
10 | (1) "Active military member" means any individual with full-time duty status in the active |
11 | armed forces of the United States including members of the National Guard and Reserve. |
12 | (2) "Adverse action" means any administrative, civil, equitable or criminal action permitted |
13 | by a state's laws which is imposed by a licensing authority or other authority against a regulated |
14 | social worker, including actions against an individual's license or multistate authorization to |
15 | practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the |
16 | licensee's practice, or any other encumbrance on licensure affecting a regulated social worker's |
17 | authorization to practice, including issuance of a cease and desist action. |
18 | (3) "Alternative program" means a non-disciplinary monitoring or practice remediation |
19 | process approved by a licensing authority to address practitioners with an impairment. |
20 | (4) "Charter member states" means member states who have enacted legislation to adopt |
21 | this compact where such legislation predates the effective date of this compact as described in § 5- |
22 | 39.2-14. |
23 | (5) "Compact commission" or "commission" means the government agency whose |
24 | membership consists of all states that have enacted this compact, which is known as the social work |
25 | licensure compact commission, as described in § 5-39.2-10, and which shall operate as an |
26 | instrumentality of the member states. |
27 | (6) "Current significant investigative information" means: |
28 | (i) Investigative information that a licensing authority, after a preliminary inquiry that |
29 | includes notification and an opportunity for the regulated social worker to respond has reason to |
30 | believe is not groundless and, if proved true, would indicate more than a minor infraction as may |
31 | be defined by the commission; or |
32 | (ii) Investigative information that indicates that the regulated social worker represents an |
33 | immediate threat to public health and safety, as may be defined by the commission, regardless of |
34 | whether the regulated social worker has been notified and has had an opportunity to respond. |
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1 | (7) "Data system" means a repository of information about licensees, including, continuing |
2 | education, examination, licensure, current significant investigative information, disqualifying |
3 | event, multistate license(s) and adverse action information or other information as required by the |
4 | commission. |
5 | (8) "Disqualifying event" means any adverse action or incident which results in an |
6 | encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain or renew a |
7 | multistate license. |
8 | (9) "Domicile" means the jurisdiction in which the licensee resides and intends to remain |
9 | indefinitely. |
10 | (10) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and |
11 | unrestricted practice of social work licensed and regulated by a licensing authority. |
12 | (11) "Executive committee" means a group of delegates elected or appointed to act on |
13 | behalf of, and within the powers granted to them by, the compact and commission. |
14 | (12) "Home state" means the member state that is the licensee's primary domicile. |
15 | (13) "Impairment" means a condition(s) that may impair a practitioner's ability to engage |
16 | in full and unrestricted practice as a regulated social worker without some type of intervention and |
17 | may include alcohol and drug dependence, mental health impairment, and neurological or physical |
18 | impairments. |
19 | (14) "Licensee(s)" means an individual who currently holds a license from a state to |
20 | practice as a regulated social worker. |
21 | (15) "Licensing authority" means the board or agency of a member state, or equivalent, |
22 | that is responsible for the licensing and regulation of regulated social workers. |
23 | (16) "Member state" means a state, commonwealth, district, or territory of the United States |
24 | of America that has enacted this compact. |
25 | (17) "Multistate authorization to practice" means a legally authorized privilege to practice, |
26 | which is equivalent to a license, associated with a multistate license permitting the practice of social |
27 | work in a remote state. |
28 | (18) "Multistate license" means a license to practice as a regulated social worker issued by |
29 | a home state licensing authority that authorizes the regulated social worker to practice in all member |
30 | states under multistate authorization to practice. |
31 | (19) "Qualifying national exam" means a national licensing examination approved by the |
32 | commission. |
33 | (20) "Regulated social worker" means any clinical, master's or bachelor's social worker |
34 | licensed by a member state regardless of the title used by that member state. |
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1 | (21) "Remote state" means a member state other than the licensee's home state. |
2 | (22) "Rule(s)" or "rule(s) of the commission" means a regulation or regulations duly |
3 | promulgated by the commission, as authorized by the compact, that has the force of law. |
4 | (23) "Single state license" means a social work license issued by any state that authorizes |
5 | practice only within the issuing state and does not include multistate authorization to practice in |
6 | any member state. |
7 | (24) "Social work" or "social work services" means the application of social work theory, |
8 | knowledge, methods, ethics, and the professional use of self to restore or enhance social, |
9 | psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, |
10 | organizations, and communities through the care and services provided by a regulated social worker |
11 | as set forth in the member state's statutes and regulations in the state where the services are being |
12 | provided. |
13 | (25) "State" means any state, commonwealth, district, or territory of the United States of |
14 | America that regulates the practice of social work. |
15 | (26) "Unencumbered license" means a license that authorizes a regulated social worker to |
16 | engage in the full and unrestricted practice of social work. |
17 | 5-39.2-3. State participation in the compact. |
18 | (a) To be eligible to participate in the compact, a potential member state shall currently |
19 | meet all of the following criteria: |
20 | (1) License and regulate the practice of social work at either the clinical, master's, or |
21 | bachelor's category; |
22 | (2) Require applicants for licensure to graduate from a program that is: |
23 | (i) Operated by a college or university recognized by the licensing authority; |
24 | (ii) Accredited, or in candidacy by an institution that subsequently becomes accredited, by |
25 | an accrediting agency recognized by either: |
26 | (A) The council for higher education accreditation, or its successor; or |
27 | (B) The United States Department of Education; and |
28 | (iii) Corresponds to the licensure sought as outlined in § 5-39.2-4; |
29 | (3) Require applicants for clinical licensure to complete a period of supervised practice; |
30 | and |
31 | (4) Have a mechanism in place for receiving, investigating, and adjudicating complaints |
32 | about licensees. |
33 | (b) To maintain membership in the compact, a member state shall: |
34 | (1) Require that applicants for a multistate license pass a qualifying national exam for the |
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1 | corresponding category of multistate license sought as outlined in § 5-39.2-4; |
2 | (2) Participate fully in the commission's data system, including using the commission's |
3 | unique identifier as defined in rules; |
4 | (3) Notify the commission, in compliance with the terms of the compact and rules, of any |
5 | adverse action or the availability of current significant investigative information regarding a |
6 | licensee; |
7 | (4) Implement procedures for considering the criminal history records of applicants for a |
8 | multistate license. Such procedures shall include the submission of fingerprints or other biometric- |
9 | based information by applicants for the purpose of obtaining an applicant's criminal history record |
10 | information from the Federal Bureau of Investigation and the agency responsible for retaining that |
11 | state's criminal records; |
12 | (5) Comply with the rules of the commission; |
13 | (6) Require an applicant to obtain or retain a license in the home state and meet the home |
14 | state's qualifications for licensure or renewal of licensure, as well as all other applicable home state |
15 | laws; |
16 | (7) Authorize a licensee holding a multistate license in any member state to practice in |
17 | accordance with the terms of the compact and rules of the commission; and |
18 | (8) Designate a delegate to participate in the commission meetings. |
19 | (c) A member state meeting the requirements of §§ 5-39.2-3(a) and 5-39.2-3(b) shall |
20 | designate the categories of social work licensure that are eligible for issuance of a multistate license |
21 | for applicants in such member state. To the extent that any member state does not meet the |
22 | requirements for participation in the compact at any particular category of social work licensure, |
23 | such member state may choose, but is not obligated to, issue a multistate license to applicants that |
24 | otherwise meet the requirements of § 5-39.2-4 for issuance of a multistate license in such category |
25 | or categories of licensure. |
26 | (d) The home state may charge a fee for granting the multistate license. |
27 | 5-39.2-4. Social worker participation in the compact. |
28 | (a) To be eligible for a multistate license under the terms and provisions of the compact, |
29 | an applicant, regardless of category shall: |
30 | (1) Hold or be eligible for an active, unencumbered license in the home state; |
31 | (2) Pay any applicable fees, including any state fee, for the multistate license; |
32 | (3) Submit, in connection with an application for a multistate license, fingerprints or other |
33 | biometric data for the purpose of obtaining criminal history record information from the Federal |
34 | Bureau of Investigation and the agency responsible for retaining that state's criminal records; |
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1 | (4) Notify the home state of any adverse action, encumbrance, or restriction on any |
2 | professional license taken by any member state or non-member state within thirty (30) days from |
3 | the date the action is taken; |
4 | (5) Meet any continuing competence requirements established by the home state; and |
5 | (6) Abide by the laws, regulations, and applicable standards in the member state where the |
6 | client is located at the time care is rendered. |
7 | (b) An applicant for a clinical-category multistate license shall meet all of the following |
8 | requirements: |
9 | (1) Fulfill a competency requirement, which shall be satisfied by either: |
10 | (i) Passage of a clinical-category qualifying national exam; or |
11 | (ii) Licensure of the applicant in their home state at the clinical category, beginning prior |
12 | to such time as a qualifying national exam was required by the home state and accompanied by a |
13 | period of continuous social work licensure thereafter, all of which may be further governed by the |
14 | rules of the commission; or |
15 | (iii) The substantial equivalency of the foregoing competency requirements which the |
16 | commission may determine by rule; |
17 | (2) Attain at least a master's degree in social work from a program that is: |
18 | (i) Operated by a college or university recognized by the licensing authority; and |
19 | (ii) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting |
20 | agency recognized by either: |
21 | (A) The council for higher education accreditation or its successor; or |
22 | (B) The United States Department of Education; and |
23 | (3) Fulfill a practice requirement, which shall be satisfied by demonstrating completion of |
24 | either: |
25 | (i) A period of postgraduate supervised clinical practice equal to a minimum of three |
26 | thousand (3,000) hours; |
27 | (ii) A minimum of two (2) years of full-time postgraduate supervised clinical practice; or |
28 | (iii) The substantial equivalency of the foregoing practice requirements which the |
29 | commission may determine by rule. |
30 | (c) An applicant for a master's-category multistate license shall meet all of the following |
31 | requirements: |
32 | (1) Fulfill a competency requirement, which shall be satisfied by either: |
33 | (i) Passage of a masters-category qualifying national exam; |
34 | (ii) Licensure of the applicant in their home state at the master's category, beginning prior |
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1 | to such time as a qualifying national exam was required by the home state at the master's category |
2 | and accompanied by a continuous period of social work licensure thereafter, all of which may be |
3 | further governed by the rules of the commission; or |
4 | (iii) The substantial equivalency of the foregoing competency requirements which the |
5 | commission may determine by rule. |
6 | (b) Attain at least a master's degree in social work from a program that is: |
7 | (1) Operated by a college or university recognized by the licensing authority; and |
8 | (2) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting |
9 | agency recognized by either: |
10 | (i) The council for higher education accreditation or its successor; or |
11 | (ii) The United States Department of Education. |
12 | (c) An applicant for a bachelor's-category multistate license shall meet all of the following |
13 | requirements: |
14 | (1) Fulfill a competency requirement, which shall be satisfied by either: |
15 | (i) Passage of a bachelor's-category qualifying national exam; |
16 | (ii) Licensure of the applicant in their home state at the bachelor's category, beginning prior |
17 | to such time as a qualifying national exam was required by the home state and accompanied by a |
18 | period of continuous social work licensure thereafter, all of which may be further governed by the |
19 | rules of the commission; or |
20 | (iii) The substantial equivalency of the foregoing competency requirements which the |
21 | commission may determine by rule. |
22 | (2) Attain at least a bachelor's degree in social work from a program that is: |
23 | (i) Operated by a college or university recognized by the licensing authority; and |
24 | (ii) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting |
25 | agency recognized by either: |
26 | (A) The council for higher education accreditation or its successor; or |
27 | (B) The United States Department of Education. |
28 | (d) The multistate license for a regulated social worker is subject to the renewal |
29 | requirements of the home state. The regulated social worker shall maintain compliance with the |
30 | requirements of § 5-39.2-4(a) to be eligible to renew a multistate license. |
31 | (e) The regulated social worker's services in a remote state are subject to that member |
32 | state's regulatory authority. A remote state may, in accordance with due process and that member |
33 | state's laws, remove a regulated social worker's multistate authorization to practice in the remote |
34 | state for a specific period of time, impose fines, and take any other necessary actions to protect the |
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1 | health and safety of its citizens. |
2 | (f) If a multistate license is encumbered, the regulated social worker's multistate |
3 | authorization to practice shall be deactivated in all remote states until the multistate license is no |
4 | longer encumbered. |
5 | (g) If a multistate authorization to practice is encumbered in a remote state, the regulated |
6 | social worker's multistate authorization to practice may be deactivated in that state until the |
7 | multistate authorization to practice is no longer encumbered. |
8 | 5-39.2-5. Issuance of a multistate license. |
9 | (a) Upon receipt of an application for multistate license, the home state licensing authority |
10 | shall determine the applicant's eligibility for a multistate license in accordance with § 5-39.2-4. |
11 | (b) If such applicant is eligible pursuant to § 5-39.2-4, the home state licensing authority |
12 | shall issue a multistate license that authorizes the applicant or regulated social worker to practice |
13 | in all member states under a multistate authorization to practice. |
14 | (c) Upon issuance of a multistate license, the home state licensing authority shall designate |
15 | whether the regulated social worker holds a multistate license in the bachelor's, master's, or clinical |
16 | category of social work. |
17 | (d) A multistate license issued by a home state to a resident in that state shall be recognized |
18 | by all compact member states as authorizing social work practice under a multistate authorization |
19 | to practice corresponding to each category of licensure regulated in each member state. |
20 | 5-39.2-6. Authority of interstate compact commission and member state licensing |
21 | authorities. |
22 | (a) Nothing in this compact, nor any rule of the commission, shall be construed to limit, |
23 | restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, |
24 | or other rules related to the practice of social work in that state, where those laws, regulations, or |
25 | other rules are not inconsistent with the provisions of this compact. |
26 | (b) Nothing in this compact shall affect the requirements established by a member state for |
27 | the issuance of a single state license. |
28 | (c) Nothing in this compact, nor any rule of the commission, shall be construed to limit, |
29 | restrict, or in any way reduce the ability of a member state to take adverse action against a licensee's |
30 | single state license to practice social work in that state. |
31 | (d) Nothing in this compact, nor any rule of the commission, shall be construed to limit, |
32 | restrict, or in any way reduce the ability of a remote state to take adverse action against a licensee's |
33 | multistate authorization to practice in that state. |
34 | (e) Nothing in this compact, nor any rule of the commission, shall be construed to limit, |
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1 | restrict, or in any way reduce the ability of a licensee's home state to take adverse action against a |
2 | licensee's multistate license based upon information provided by a remote state. |
3 | 5-39.2-7. Reissuance of a multistate license by a new home state. |
4 | (a) A licensee can hold a multistate license, issued by their home state, in only one member |
5 | state at any given time. |
6 | (b) If a licensee changes their home state by moving between two (2) member states: |
7 | (1) The licensee shall immediately apply for the reissuance of their multistate license in |
8 | their new home state. The licensee shall pay all applicable fees and notify the prior home state in |
9 | accordance with the rules of the commission. |
10 | (2) Upon receipt of an application to reissue a multistate license, the new home state shall |
11 | verify that the multistate license is active, unencumbered and eligible for reissuance under the terms |
12 | of the compact and the rules of the commission. The multistate license issued by the prior home |
13 | state will be deactivated and all member states notified in accordance with the applicable rules |
14 | adopted by the commission. |
15 | (3) Prior to the reissuance of the multistate license, the new home state shall conduct |
16 | procedures for considering the criminal history records of the licensee. Such procedures shall |
17 | include the submission of fingerprints or other biometric-based information by applicants for the |
18 | purpose of obtaining an applicant's criminal history record information from the Federal Bureau of |
19 | Investigation and the agency responsible for retaining that state's criminal records. |
20 | (4) If required for initial licensure, the new home state may require completion of |
21 | jurisprudence requirements in the new home state. |
22 | (5) Notwithstanding any other provision of this compact, if a licensee does not meet the |
23 | requirements set forth in this compact for the reissuance of a multistate license by the new home |
24 | state, then the licensee shall be subject to the new home state requirements for the issuance of a |
25 | single state license in that state. |
26 | (c) If a licensee changes their primary state of residence by moving from a member state |
27 | to a non-member state, or from a non-member state to a member state, then the licensee shall be |
28 | subject to the state requirements for the issuance of a single state license in the new home state. |
29 | (d) Nothing in this compact shall interfere with a licensee's ability to hold a single state |
30 | license in multiple states; however, for the purposes of this compact, a licensee shall have only one |
31 | home state, and only one multistate license. |
32 | (e) Nothing in this compact shall interfere with the requirements established by a member |
33 | state for the issuance of a single state license. |
34 | 5-39.2-8. Military families. |
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1 | An active military member or their spouse shall designate a home state where the individual |
2 | has a multistate license. The individual may retain their home state designation during the period |
3 | the service member is on active duty. |
4 | 5-39.2-9. Adverse actions. |
5 | (a) In addition to the other powers conferred by state law, a remote state shall have the |
6 | authority, in accordance with existing state due process law, to: |
7 | (1) Take adverse action against a regulated social worker's multistate authorization to |
8 | practice only within that member state, and issue subpoenas for both hearings and investigations |
9 | that require the attendance and testimony of witnesses as well as the production of evidence. |
10 | Subpoenas issued by a licensing authority in a member state for the attendance and testimony of |
11 | witnesses or the production of evidence from another member state shall be enforced in the latter |
12 | state by any court of competent jurisdiction, according to the practice and procedure of that court |
13 | applicable to subpoenas issued in proceedings pending before it. The issuing licensing authority |
14 | shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes |
15 | of the state in which the witnesses or evidence are located. |
16 | (2) Only the home state shall have the power to take adverse action against a regulated |
17 | social worker's multistate license. |
18 | (b) For purposes of taking adverse action, the home state shall give the same priority and |
19 | effect to reported conduct received from a member state as it would if the conduct had occurred |
20 | within the home state. In so doing, the home state shall apply its own state laws to determine |
21 | appropriate action. |
22 | (c) The home state shall complete any pending investigations of a regulated social worker |
23 | who changes their home state during the course of the investigations. The home state shall also |
24 | have the authority to take appropriate action(s) and shall promptly report the conclusions of the |
25 | investigations to the administrator of the data system. The administrator of the data system shall |
26 | promptly notify the new home state of any adverse actions. |
27 | (d) A member state, if otherwise permitted by state law, may recover from the affected |
28 | regulated social worker the costs of investigations and dispositions of cases resulting from any |
29 | adverse action taken against that regulated social worker. |
30 | (e) A member state may take adverse action based on the factual findings of another |
31 | member state; provided that, the member state follows its own procedures for taking the adverse |
32 | action. |
33 | (f) Joint investigations: |
34 | (1) In addition to the authority granted to a member state by its respective social work |
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1 | practice act or other applicable state law, any member state may participate with other member |
2 | states in joint investigations of licensees. |
3 | (2) Member states shall share any investigative, litigation, or compliance materials in |
4 | furtherance of any joint or individual investigation initiated under the compact. |
5 | (g) If adverse action is taken by the home state against the multistate license of a regulated |
6 | social worker, the regulated social worker's multistate authorization to practice in all other member |
7 | states shall be deactivated until all encumbrances have been removed from the multistate license. |
8 | All home state disciplinary orders that impose adverse action against the license of a regulated |
9 | social worker shall include a statement that the regulated social worker's multistate authorization |
10 | to practice is deactivated in all member states until all conditions of the decision, order or agreement |
11 | are satisfied. |
12 | (h) If a member state takes adverse action, it shall promptly notify the administrator of the |
13 | data system, the administrator of the data system shall promptly notify the home state and all other |
14 | member states of any adverse actions by remote states. |
15 | (i) Nothing in this compact shall override a member state's decision that participation in an |
16 | alternative program may be used in lieu of adverse action. |
17 | (j) Nothing in this compact shall authorize a member state to demand the issuance of |
18 | subpoenas for attendance and testimony of witnesses or the production of evidence from another |
19 | member state for lawful actions within that member state. |
20 | (k) Nothing in this compact shall authorize a member state to impose discipline against a |
21 | regulated social worker who holds a multistate authorization to practice for lawful actions within |
22 | another member state. |
23 | 5-39.2-10. Establishment of social work licensure compact commission. |
24 | (a) The compact member states hereby create and establish a joint government agency |
25 | whose membership consists of all member states that have enacted the compact known as the social |
26 | work licensure compact commission. The commission is an instrumentality of the compact states |
27 | acting jointly and not an instrumentality of any one state. The commission shall come into existence |
28 | on or after the effective date of the compact as set forth in § 5-39.2-14. |
29 | (b) Membership, voting, and meetings. |
30 | (1) Each member state shall have and be limited to one delegate selected by that member |
31 | state's state licensing authority. |
32 | (2) The delegate shall be either: |
33 | (i) A current member of the state licensing authority at the time of appointment, who is a |
34 | regulated social worker or public member of the state licensing authority; or |
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1 | (ii) An administrator of the state licensing authority or their designee. |
2 | (3) The commission shall by rule or bylaw establish a term of office for delegates and may |
3 | by rule or bylaw establish term limits. |
4 | (4) The commission may recommend removal or suspension of any delegate from office. |
5 | (5) A member state's state licensing authority shall fill any vacancy of its delegate occurring |
6 | on the commission within sixty (60) days of the vacancy. |
7 | (6) Each delegate shall be entitled to one vote on all matters before the commission |
8 | requiring a vote by commission delegates. |
9 | (7) A delegate shall vote in person or by such other means as provided in the bylaws. The |
10 | bylaws may provide for delegates to meet by telecommunication, videoconference, or other means |
11 | of communication. |
12 | (8) The commission shall meet at least once during each calendar year. Additional meetings |
13 | may be held as set forth in the bylaws. The commission may meet by telecommunication, |
14 | videoconference or other similar electronic means. |
15 | (c) The commission shall have the following powers: |
16 | (1) Establish the fiscal year of the commission; |
17 | (2) Establish code of conduct and conflict of interest policies; |
18 | (3) Establish and amend rules and bylaws; |
19 | (4) Maintain its financial records in accordance with the bylaws; |
20 | (5) Meet and take such actions as are consistent with the provisions of this compact, the |
21 | commission's rules, and the bylaws; |
22 | (6) Initiate and conclude legal proceedings or actions in the name of the commission; |
23 | provided that, the standing of any state licensing board to sue or be sued under applicable law shall |
24 | not be affected; |
25 | (7) Maintain and certify records and information provided to a member state as the |
26 | authenticated business records of the commission, and designate an agent to do so on the |
27 | commission's behalf; |
28 | (8) Purchase and maintain insurance and bonds; |
29 | (9) Borrow, accept, or contract for services of personnel, including, but not limited to, |
30 | employees of a member state; |
31 | (10) Conduct an annual financial review; |
32 | (11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such |
33 | individuals appropriate authority to carry out the purposes of the compact, and establish the |
34 | commission's personnel policies and programs relating to conflicts of interest, qualifications of |
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1 | personnel, and other related personnel matters; |
2 | (12) Assess and collect fees; |
3 | (13) Accept any and all appropriate gifts, donations, grants of money, other sources of |
4 | revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; |
5 | provided that, at all times the commission shall avoid any appearance of impropriety or conflict of |
6 | interest; |
7 | (14) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or |
8 | mixed, or any undivided interest therein; |
9 | (15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any |
10 | property real, personal, or mixed; |
11 | (16) Establish a budget and make expenditures; |
12 | (17) Borrow money; |
13 | (18) Appoint committees, including standing committees, composed of members, state |
14 | regulators, state legislators or their representatives, and consumer representatives, and such other |
15 | interested persons as may be designated in this compact and the bylaws; |
16 | (19) Provide and receive information from, and cooperate with, law enforcement agencies; |
17 | (20) Establish and elect an executive committee, including a chair and a vice chair; |
18 | (21) Determine whether a state's adopted language is materially different from the model |
19 | compact language such that the state would not qualify for participation in the compact; and |
20 | (22) Perform such other functions as may be necessary or appropriate to achieve the |
21 | purposes of this compact. |
22 | (d) The executive committee. |
23 | (1) The executive committee shall have the power to act on behalf of the commission |
24 | according to the terms of this compact. The powers, duties, and responsibilities of the executive |
25 | committee shall include: |
26 | (i) Oversee the day-to-day activities of the administration of the compact including |
27 | enforcement and compliance with the provisions of the compact, its rules and bylaws, and other |
28 | such duties as deemed necessary; |
29 | (ii) Recommend to the commission changes to the rules or bylaws, changes to this compact, |
30 | fees charged to compact member states, fees charged to licensees, and other fees; |
31 | (iii) Ensure compact administration services are appropriately provided, including by |
32 | contract; |
33 | (iv) Prepare and recommend the budget; |
34 | (v) Maintain financial records on behalf of the commission; |
| LC003525 - Page 13 of 25 |
1 | (vi) Monitor compact compliance of member states and provide compliance reports to the |
2 | commission; |
3 | (vii) Establish additional committees as necessary; |
4 | (viii) Exercise the powers and duties of the commission during the interim between |
5 | commission meetings, except for adopting or amending rules, adopting or amending bylaws, and |
6 | exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and |
7 | (ix) Other duties as provided in the rules or bylaws of the commission. |
8 | (2) The executive committee shall be composed of up to eleven (11) members: |
9 | (i) The chair and vice chair of the commission shall be voting members of the executive |
10 | committee; and |
11 | (ii) The commission shall elect five (5) voting members from the current membership of |
12 | the commission. |
13 | (iii) Up to four (4) ex officio , nonvoting members from four (4) recognized national social |
14 | work organizations. |
15 | (iv) The ex officio members will be selected by their respective organizations. |
16 | (3) The commission may remove any member of the executive committee as provided in |
17 | the commission's bylaws. |
18 | (4) The executive committee shall meet at least annually. |
19 | (i) Executive committee meetings shall be open to the public, except that the executive |
20 | committee may meet in a closed, non-public meeting as provided in § 5-39.2-10(f)(2). |
21 | (ii) The executive committee shall give seven (7) days' notice of its meetings, posted on its |
22 | website and as determined to provide notice to persons with an interest in the business of the |
23 | commission. |
24 | (iii) The executive committee may hold a special meeting in accordance with § 5-39.2- |
25 | 10(f)(2). |
26 | (e) The commission shall adopt and provide to the member states an annual report. |
27 | (f) Meetings of the commission. |
28 | (1) All meetings shall be open to the public, except that the commission may meet in a |
29 | closed, non-public meeting as provided in § 5-39.2-10(f)(2). |
30 | (i) Public notice for all meetings of the full commission of meetings shall be given in the |
31 | same manner as required under the rulemaking provisions in § 5-39.2-12, except that the |
32 | commission may hold a special meeting as provided in § 5-39.2-10(f)(2). |
33 | (ii) The commission may hold a special meeting when it must meet to conduct emergency |
34 | business by giving forty-eight (48) hours' notice to all commissioners, on the commission's website, |
| LC003525 - Page 14 of 25 |
1 | and other means as provided in the commission's rules. The commission's legal counsel shall certify |
2 | that the commission's need to meet qualifies as an emergency. |
3 | (2) The commission or the executive committee or other committees of the commission |
4 | may convene in a closed, non-public meeting for the commission or executive committee or other |
5 | committees of the commission to receive legal advice or to discuss: |
6 | (i) Non-compliance of a member state with its obligations under the compact; |
7 | (ii) The employment, compensation, discipline or other matters, practices or procedures |
8 | related to specific employees; |
9 | (iii) Current or threatened discipline of a licensee by the commission or by a member state's |
10 | licensing authority; |
11 | (iv) Current, threatened, or reasonably anticipated litigation; |
12 | (v) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; |
13 | (vi) Accusing any person of a crime or formally censuring any person; |
14 | (vii) Trade secrets or commercial or financial information that is privileged or confidential; |
15 | (viii) Information of a personal nature where disclosure would constitute a clearly |
16 | unwarranted invasion of personal privacy; |
17 | (ix) Investigative records compiled for law enforcement purposes; |
18 | (x) Information related to any investigative reports prepared by or on behalf of or for use |
19 | of the commission or other committee charged with responsibility of investigation or determination |
20 | of compliance issues pursuant to the compact; |
21 | (xi) Matters specifically exempted from disclosure by federal or member state law; or |
22 | (xii) Other matters as promulgated by the commission by rule. |
23 | (3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the |
24 | meeting will be closed and reference each relevant exempting provision, and such reference shall |
25 | be recorded in the minutes. |
26 | (4) The commission shall keep minutes that fully and clearly describe all matters discussed |
27 | in a meeting and shall provide a full and accurate summary of actions taken, and the reasons |
28 | therefore, including a description of the views expressed. All documents considered in connection |
29 | with an action shall be identified in such minutes. All minutes and documents of a closed meeting |
30 | shall remain under seal, subject to release only by a majority vote of the commission or order of a |
31 | court of competent jurisdiction. |
32 | (g) Financing of the commission. |
33 | (1) The commission shall pay, or provide for the payment of, the reasonable expenses of |
34 | its establishment, organization, and ongoing activities. |
| LC003525 - Page 15 of 25 |
1 | (2) The commission may accept any and all appropriate revenue sources as provided in |
2 | subsection (c)(13) of this section. |
3 | (3) The commission may levy on and collect an annual assessment from each member state |
4 | and impose fees on licensees of member states to whom it grants a multistate license to cover the |
5 | cost of the operations and activities of the commission and its staff, which shall be in a total amount |
6 | sufficient to cover its annual budget as approved each year for which revenue is not provided by |
7 | other sources. The aggregate annual assessment amount for member states shall be allocated based |
8 | upon a formula that the commission shall promulgate by rule. |
9 | (4) The commission shall not incur obligations of any kind prior to securing the funds |
10 | adequate to meet the same; nor shall the commission pledge the credit of any of the member states, |
11 | except by and with the authority of the member state. |
12 | (5) The commission shall keep accurate accounts of all receipts and disbursements. the |
13 | receipts and disbursements of the commission shall be subject to the financial review and |
14 | accounting procedures established under its bylaws. However, all receipts and disbursements of |
15 | funds handled by the commission shall be subject to an annual financial review by a certified or |
16 | licensed public accountant, and the report of the financial review shall be included in and become |
17 | part of the annual report of the commission. |
18 | (h) Qualified immunity, defense, and indemnification. |
19 | (1) The members, officers, executive director, employees and representatives of the |
20 | commission shall be immune from suit and liability, both personally and in their official capacity, |
21 | for any claim for damage to or loss of property or personal injury or other civil liability caused by |
22 | or arising out of any actual or alleged act, error, or omission that occurred, or that the person against |
23 | whom the claim is made had a reasonable basis for believing occurred within the scope of |
24 | commission employment, duties or responsibilities; provided that, nothing in this section shall be |
25 | construed to protect any such person from suit or liability for any damage, loss, injury, or liability |
26 | caused by the intentional or willful or wanton misconduct of that person. The procurement of |
27 | insurance of any type by the commission shall not in any way compromise or limit the immunity |
28 | granted hereunder. |
29 | (2) The commission shall defend any member, officer, executive director, employee, and |
30 | representative of the commission in any civil action seeking to impose liability arising out of any |
31 | actual or alleged act, error, or omission that occurred within the scope of commission employment, |
32 | duties, or responsibilities, or as determined by the commission that the person against whom the |
33 | claim is made had a reasonable basis for believing occurred within the scope of commission |
34 | employment, duties, or responsibilities; provided that, nothing herein shall be construed to prohibit |
| LC003525 - Page 16 of 25 |
1 | that person from retaining their own counsel at their own expense; and provided further, that the |
2 | actual or alleged act, error, or omission did not result from that person's intentional or willful or |
3 | wanton misconduct. |
4 | (3) The commission shall indemnify and hold harmless any member, officer, executive |
5 | director, employee, and representative of the commission for the amount of any settlement or |
6 | judgment obtained against that person arising out of any actual or alleged act, error, or omission |
7 | that occurred within the scope of commission employment, duties, or responsibilities, or that such |
8 | person had a reasonable basis for believing occurred within the scope of commission employment, |
9 | duties, or responsibilities; provided that, the actual or alleged act, error, or omission did not result |
10 | from the intentional or willful or wanton misconduct of that person. |
11 | (4) Nothing in this section shall be construed as a limitation on the liability of any licensee |
12 | for professional malpractice or misconduct, which shall be governed solely by any other applicable |
13 | state laws. |
14 | (5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member |
15 | state's state action immunity or state action affirmative defense with respect to antitrust claims |
16 | under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law |
17 | or regulation. |
18 | (6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the |
19 | member states or by the commission. |
20 | 5-39.2-11. Data system. |
21 | (a) The commission shall provide for the development, maintenance, operation, and |
22 | utilization of a coordinated data system. |
23 | (b) The commission shall assign each applicant for a multistate license a unique identifier, |
24 | as determined by the rules of the commission. |
25 | (c) Notwithstanding any other provision of state law to the contrary, a member state shall |
26 | submit a uniform data set to the data system on all individuals to whom this compact is applicable |
27 | as required by the rules of the commission, including: |
28 | (1) Identifying information; |
29 | (2) Licensure data; |
30 | (3) Adverse actions against a license and information related thereto; |
31 | (4) Non-confidential information related to alternative program participation, the |
32 | beginning and ending dates of such participation, and other information related to such participation |
33 | not made confidential under member state law; |
34 | (5) Any denial of application for licensure, and the reason(s) for such denial; |
| LC003525 - Page 17 of 25 |
1 | (6) The presence of current significant investigative information; and |
2 | (7) Other information that may facilitate the administration of this compact or the |
3 | protection of the public, as determined by the rules of the commission. |
4 | (d) The records and information provided to a member state pursuant to this compact or |
5 | through the data system, when certified by the commission or an agent thereof, shall constitute the |
6 | authenticated business records of the commission, and shall be entitled to any associated hearsay |
7 | exception in any relevant judicial, quasi-judicial or administrative proceedings in a member state. |
8 | (e) Current significant investigative information pertaining to a licensee in any member |
9 | state will only be available to other member states. |
10 | (1) It is the responsibility of the member states to report any adverse action against a |
11 | licensee and to monitor the database to determine whether adverse action has been taken against a |
12 | licensee. Adverse action information pertaining to a licensee in any member state will be available |
13 | to any other member state. |
14 | (f) Member states contributing information to the data system may designate information |
15 | that may not be shared with the public without the express permission of the contributing state. |
16 | (g) Any information submitted to the data system that is subsequently expunged pursuant |
17 | to federal law or the laws of the member state contributing the information shall be removed from |
18 | the data system. |
19 | 5-39.2-12. Rulemaking. |
20 | (a) The commission shall promulgate reasonable rules in order to effectively and efficiently |
21 | implement and administer the purposes and provisions of the compact. A rule shall be invalid and |
22 | have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because |
23 | the commission exercised its rulemaking authority in a manner that is beyond the scope and |
24 | purposes of the compact, or the powers granted hereunder, or based upon another applicable |
25 | standard of review. |
26 | (b) The rules of the commission shall have the force of law in each member state; provided |
27 | however, that where the rules of the commission conflict with the laws of the member state that |
28 | establish the member state's laws, regulations, and applicable standards that govern the practice of |
29 | social work as held by a court of competent jurisdiction, the rules of the commission shall be |
30 | ineffective in that state to the extent of the conflict. |
31 | (c) The commission shall exercise its rulemaking powers pursuant to the criteria set forth |
32 | in this section and the rules adopted thereunder. Rules shall become binding on the day following |
33 | adoption or the date specified in the rule or amendment, whichever is later. |
34 | (d) If a majority of the legislatures of the member states rejects a rule or portion of a rule, |
| LC003525 - Page 18 of 25 |
1 | by enactment of a statute or resolution in the same manner used to adopt the compact within four |
2 | (4) years of the date of adoption of the rule, then such rule shall have no further force and effect in |
3 | any member state. |
4 | (e) Rules shall be adopted at a regular or special meeting of the commission. |
5 | (f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and |
6 | allow persons to provide oral and written comments, data, facts, opinions, and arguments. |
7 | (g) Prior to adoption of a proposed rule by the commission, and at least thirty (30) days in |
8 | advance of the meeting at which the commission will hold a public hearing on the proposed rule, |
9 | the commission shall provide a notice of proposed rulemaking: |
10 | (1) On the website of the commission or other publicly accessible platform; |
11 | (2) To persons who have requested notice of the commission's notices of proposed |
12 | rulemaking, and |
13 | (3) In such other way(s) as the commission may by rule specify. |
14 | (h) The notice of proposed rulemaking shall include: |
15 | (1) The time, date, and location of the public hearing at which the commission will hear |
16 | public comments on the proposed rule and, if different, the time, date, and location of the meeting |
17 | where the commission will consider and vote on the proposed rule; |
18 | (2) If the hearing is held via telecommunication, videoconference, or other electronic |
19 | means, the commission shall include the mechanism for access to the hearing in the notice of |
20 | proposed rulemaking; |
21 | (3) The text of the proposed rule and the reason therefor; |
22 | (4) A request for comments on the proposed rule from any interested person; and |
23 | (5) The manner in which interested persons may submit written comments. |
24 | (i) All hearings will be recorded. A copy of the recording and all written comments and |
25 | documents received by the commission in response to the proposed rule shall be available to the |
26 | public. |
27 | (j) Nothing in this section shall be construed as requiring a separate hearing on each rule. |
28 | Rules may be grouped for the convenience of the commission at hearings required by this section. |
29 | (k) The commission shall, by majority vote of all members, take final action on the |
30 | proposed rule based on the rulemaking record and the full text of the rule. |
31 | (1) The commission may adopt changes to the proposed rule provided the changes do not |
32 | enlarge the original purpose of the proposed rule. |
33 | (2) The commission shall provide an explanation of the reasons for substantive changes |
34 | made to the proposed rule as well as reasons for substantive changes not made that were |
| LC003525 - Page 19 of 25 |
1 | recommended by commenters. |
2 | (3) The commission shall determine a reasonable effective date for the rule. Except for an |
3 | emergency as provided in §§ 5-39.2-12(l)(1) through 5-39.2-12(l)(4), the effective date of the rule |
4 | shall be no sooner than thirty (30) days after issuing the notice that it adopted or amended the rule. |
5 | (l) Upon determination that an emergency exists, the commission may consider and adopt |
6 | an emergency rule with forty-eight (48) hours' notice, with opportunity to comment; provided that, |
7 | the usual rulemaking procedures provided in the compact and in this section shall be retroactively |
8 | applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the |
9 | effective date of the rule. For the purposes of this provision, an emergency rule is one that must be |
10 | adopted immediately in order to: |
11 | (1) Meet an imminent threat to public health, safety, or welfare; |
12 | (2) Prevent a loss of commission or member state funds; |
13 | (3) Meet a deadline for the promulgation of a rule that is established by federal law or rule; |
14 | or |
15 | (4) Protect public health and safety. |
16 | (m) The commission or an authorized committee of the commission may direct revisions |
17 | to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors |
18 | in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website |
19 | of the commission. The revision shall be subject to challenge by any person for a period of thirty |
20 | (30) days after posting. The revision may be challenged only on grounds that the revision results in |
21 | a material change to a rule. A challenge shall be made in writing and delivered to the commission |
22 | prior to the end of the notice period. If no challenge is made, the revision will take effect without |
23 | further action. If the revision is challenged, the revision may not take effect without the approval |
24 | of the commission. |
25 | (n) No member state's rulemaking requirements shall apply under this compact. |
26 | 5-39.2-13. Oversight, dispute resolution, and enforcement. |
27 | (a) Oversight. |
28 | (1) The executive and judicial branches of state government in each member state shall |
29 | enforce this compact and take all actions necessary and appropriate to implement the compact. |
30 | (2) Except as otherwise provided in this compact, venue is proper and judicial proceedings |
31 | by or against the commission shall be brought solely and exclusively in a court of competent |
32 | jurisdiction where the principal office of the commission is located. The commission may waive |
33 | venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative |
34 | dispute resolution proceedings. Nothing in this section shall affect or limit the selection or propriety |
| LC003525 - Page 20 of 25 |
1 | of venue in any action against a licensee for professional malpractice, misconduct or any such |
2 | similar matter. |
3 | (3) The commission shall be entitled to receive service of process in any proceeding |
4 | regarding the enforcement or interpretation of the compact and shall have standing to intervene in |
5 | such a proceeding for all purposes. Failure to provide the commission service of process shall |
6 | render a judgment or order void as to the commission, this compact, or promulgated rules. |
7 | (b) Default, technical assistance, and termination. |
8 | (1) If the commission determines that a member state has defaulted in the performance of |
9 | its obligations or responsibilities under this compact or the promulgated rules, the commission shall |
10 | provide written notice to the defaulting state. The notice of default shall describe the default, the |
11 | proposed means of curing the default, and any other action that the commission may take, and shall |
12 | offer training and specific technical assistance regarding the default. |
13 | (2) The commission shall provide a copy of the notice of default to the other member states. |
14 | (c) If a state in default fails to cure the default, the defaulting state may be terminated from |
15 | the compact upon an affirmative vote of a majority of the delegates of the member states, and all |
16 | rights, privileges and benefits conferred on that state by this compact may be terminated on the |
17 | effective date of termination. A cure of the default does not relieve the offending state of obligations |
18 | or liabilities incurred during the period of default. |
19 | (d) Termination of membership in the compact shall be imposed only after all other means |
20 | of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given |
21 | by the commission to the governor, the majority and minority leaders of the defaulting state's |
22 | legislature, the defaulting state's state licensing authority and each of the member states' state |
23 | licensing authority. |
24 | (e) A state that has been terminated is responsible for all assessments, obligations, and |
25 | liabilities incurred through the effective date of termination, including obligations that extend |
26 | beyond the effective date of termination. |
27 | (f) Upon the termination of a state's membership from this compact, that state shall |
28 | immediately provide notice to all licensees within that state of such termination. The terminated |
29 | state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six |
30 | (6) months after the date of said notice of termination. |
31 | (g) The commission shall not bear any costs related to a state that is found to be in default |
32 | or that has been terminated from the compact, unless agreed upon in writing between the |
33 | commission and the defaulting state. |
34 | (h) The defaulting state may appeal the action of the commission by petitioning the United |
| LC003525 - Page 21 of 25 |
1 | States District Court for the District of Columbia or the federal district where the commission has |
2 | its principal offices. The prevailing party shall be awarded all costs of such litigation, including |
3 | reasonable attorney's fees. |
4 | (i) Dispute resolution. |
5 | (1) Upon request by a member state, the commission shall attempt to resolve disputes |
6 | related to the compact that arise among member states and between member and non-member |
7 | states. |
8 | (2) The commission shall promulgate a rule providing for both mediation and binding |
9 | dispute resolution for disputes as appropriate. |
10 | (j) Enforcement. |
11 | (1) By majority vote as provided by rule, the commission may initiate legal action against |
12 | a member state in default in the United States District Court for the District of Columbia or the |
13 | federal district where the commission has its principal offices to enforce compliance with the |
14 | provisions of the compact and its promulgated rules. The relief sought may include both injunctive |
15 | relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be |
16 | awarded all costs of such litigation, including reasonable attorney's fees. The remedies herein shall |
17 | not be the exclusive remedies of the commission. The commission may pursue any other remedies |
18 | available under federal or the defaulting member state's law. |
19 | (2) A member state may initiate legal action against the commission in the United States |
20 | District Court for the District of Columbia or the federal district where the commission has its |
21 | principal offices to enforce compliance with the provisions of the compact and its promulgated |
22 | rules. The relief sought may include both injunctive relief and damages. In the event judicial |
23 | enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, |
24 | including reasonable attorney's fees. |
25 | (3) No person other than a member state shall enforce this compact against the commission. |
26 | 5-39.2-14. Effective date, withdrawal, and amendment. |
27 | (a) The compact shall come into effect on the date on which the compact statute is enacted |
28 | into law in the seventh member state. |
29 | (1) On or after the effective date of the compact, the commission shall convene and review |
30 | the enactment of each of the first seven (7) member states ("charter member states") to determine |
31 | if the statute enacted by each such charter member state is materially different than the model |
32 | compact statute. |
33 | (i) A charter member state whose enactment is found to be materially different from the |
34 | model compact statute shall be entitled to the default process set forth in § 5-39.2-13. |
| LC003525 - Page 22 of 25 |
1 | (ii) If any member state is later found to be in default, or is terminated or withdraws from |
2 | the compact, the commission shall remain in existence and the compact shall remain in effect even |
3 | if the number of member states should be less than seven (7). |
4 | (2) Member states enacting the compact subsequent to the seven initial charter member |
5 | states shall be subject to the process set forth in § 5-39.2-10(c)(21) to determine if their enactments |
6 | are materially different from the model compact statute and whether they qualify for participation |
7 | in the compact. |
8 | (3) All actions taken for the benefit of the commission or in furtherance of the purposes of |
9 | the administration of the compact prior to the effective date of the compact or the commission |
10 | coming into existence shall be considered to be actions of the commission unless specifically |
11 | repudiated by the commission. |
12 | (4) Any state that joins the compact subsequent to the commission's initial adoption of the |
13 | rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the |
14 | compact becomes law in that state. Any rule that has been previously adopted by the commission |
15 | shall have the full force and effect of law on the day the compact becomes law in that state. |
16 | (b) Any member state may withdraw from this compact by enacting a statute repealing the |
17 | same. |
18 | (1) A member state's withdrawal shall not take effect until one hundred eighty (180) days |
19 | after enactment of the repealing statute. |
20 | (2) Withdrawal shall not affect the continuing requirement of the withdrawing state's |
21 | licensing authority to comply with the investigative and adverse action reporting requirements of |
22 | this compact prior to the effective date of withdrawal. |
23 | (3) Upon the enactment of a statute withdrawing from this compact, a state shall |
24 | immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding |
25 | any subsequent statutory enactment to the contrary, such withdrawing state shall continue to |
26 | recognize all licenses granted pursuant to this compact for a minimum of one hundred eighty (180) |
27 | days after the date of such notice of withdrawal. |
28 | (c) Nothing contained in this compact shall be construed to invalidate or prevent any |
29 | licensure agreement or other cooperative arrangement between a member state and a non-member |
30 | state that does not conflict with the provisions of this compact. |
31 | (d) This compact may be amended by the member states. No amendment to this compact |
32 | shall become effective and binding upon any member state until it is enacted into the laws of all |
33 | member states. |
34 | 5-39.2-15. Construction and severability. |
| LC003525 - Page 23 of 25 |
1 | (a) This compact and the commission's rulemaking authority shall be liberally construed in |
2 | order to effectuate the purposes, and the implementation and administration of the compact. |
3 | Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be |
4 | construed to limit the commission's rulemaking authority solely for those purposes. |
5 | (b) The provisions of this compact shall be severable and if any phrase, clause, sentence or |
6 | provision of this compact is held by a court of competent jurisdiction to be contrary to the |
7 | constitution of any member state, a state seeking participation in the compact, or of the United |
8 | States, or the applicability thereof to any government, agency, person or circumstance is held to be |
9 | unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact |
10 | and the applicability thereof to any other government, agency, person or circumstance shall not be |
11 | affected thereby. |
12 | (c) Notwithstanding subsection (b) of this section, the commission may deny a state's |
13 | participation in the compact or, in accordance with the requirements of § 5-39.2-13(b), terminate a |
14 | member state's participation in the compact, if it determines that a constitutional requirement of a |
15 | member state is a material departure from the compact. Otherwise, if this compact shall be held to |
16 | be contrary to the constitution of any member state, the compact shall remain in full force and effect |
17 | as to the remaining member states and in full force and effect as to the member state affected as to |
18 | all severable matters. |
19 | 5-39.2-16. Consistent effect and conflict with other state laws. |
20 | (a) A licensee providing services in a remote state under a multistate authorization to |
21 | practice shall adhere to the laws and regulations, including laws, regulations, and applicable |
22 | standards, of the remote state where the client is located at the time care is rendered. |
23 | (b) Nothing in this section shall prevent or inhibit the enforcement of any other law of a |
24 | member state that is not inconsistent with the compact. |
25 | (c) Any laws, statutes, regulations, or other legal requirements in a member state in conflict |
26 | with the compact are superseded to the extent of the conflict. |
27 | (d) All permissible agreements between the commission and the member states are binding |
28 | in accordance with their terms. |
29 | SECTION 2. This act shall take effect upon passage. |
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| LC003525 - Page 24 of 25 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS -- SOCIAL WORK LICENSURE | |
COMPACT | |
*** | |
1 | This act would adopt model legislation facilitating the interstate practice of regulated social |
2 | workers. |
3 | This act would take effect upon passage. |
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LC003525 | |
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| LC003525 - Page 25 of 25 |