HB 13 full text · Session Watch

1 A bill to be entitled

2 An act relating to the Social Work Licensure

3 Interstate Compact; creating s. 491.022, F.S.;

4 creating the Social Work Licensure Interstate Compact;

5 providing purposes, objectives, and definitions;

6 specifying requirements for state participation in the

7 compact and duties of member states; specifying that

8 the compact does not affect an individual's ability to

9 apply for, and a member state's ability to grant, a

10 single state license pursuant to the laws of that

11 state; providing for recognition of compact privilege

12 in member states; specifying criteria a licensee must

13 meet for compact privilege; providing for the

14 expiration and renewal of compact privilege;

15 specifying that a licensee with compact privilege in a

16 remote state must adhere to the laws and rules of that

17 state; authorizing member states to act on a

18 licensee's compact privilege under certain

19 circumstances; specifying the consequences and

20 parameters of practice for a licensee whose compact

21 privilege has been acted upon or whose home state

22 license is encumbered; specifying that a licensee may

23 hold a home state license in only one member state at

24 a time; specifying requirements and procedures for

25 changing a home state license designation; authorizing

26 active duty military personnel or their spouses to

27 keep their home state designation during active duty;

28 authorizing member states to take adverse actions

29 against licensees and issue subpoenas for hearings and

30 investigations under certain circumstances; providing

31 requirements and procedures for such adverse action;

32 authorizing member states to engage in joint

33 investigations under certain circumstances; providing

34 that a licensee's compact privilege must be

35 deactivated in all member states for the duration of

36 an encumbrance imposed by the licensee's home state;

37 providing for notice to the data system and the

38 licensee's home state of any adverse action taken

39 against a licensee; establishing the Social Work

40 Licensure Compact Commission; providing for

41 jurisdiction and venue for court proceedings;

42 providing for membership and powers of the commission;

43 specifying powers and duties of the commission's

44 executive committee; authorizing the commission to

45 convene in closed, nonpublic meetings under certain

46 circumstances; providing for the financing of the

47 commission; providing specified individuals immunity

48 from civil liability under certain circumstances;

49 providing exceptions; requiring the commission to

50 defend the specified individuals in civil actions

51 under certain circumstances; requiring the commission

52 to indemnify and hold harmless specified individuals

53 for any settlement or judgment obtained in such

54 actions under certain circumstances; providing for the

55 development of the data system, reporting procedures,

56 and the exchange of specified information between

57 member states; requiring the commission to notify

58 member states of any adverse action taken against a

59 licensee or applicant for licensure; authorizing

60 member states to designate as confidential information

61 provided to the data system; requiring the commission

62 to remove information from the data system under

63 certain circumstances; providing rulemaking procedures

64 for the commission; providing for member state

65 enforcement of the compact; authorizing the commission

66 to receive notice of process, and have standing to

67 intervene, in certain proceedings; rendering certain

68 judgments and orders void as to the commission, the

69 compact, or commission rules under certain

70 circumstances; providing for defaults and termination

71 of compact membership; providing procedures for the

72 resolution of certain disputes; providing for

73 commission enforcement of the compact; providing for

74 remedies; providing for implementation of, withdrawal

75 from, and amendment to the compact; specifying that

76 licensees practicing in a remote state under the

77 compact must adhere to the laws and rules of that

78 state; specifying that the compact, commission rules,

79 and commission actions are binding on member states;

80 providing construction; providing for severability;

81 amending s. 456.073, F.S.; requiring the Department of

82 Health to report certain investigative information to

83 the data system; amending s. 456.076, F.S.; requiring

84 monitoring contracts for certain impaired

85 practitioners to contain certain terms; amending s.

86 491.004, F.S.; requiring the Board of Clinical Social

87 Work, Marriage and Family Therapy, and Mental Health

88 Counseling to appoint an individual to serve as the

89 state's delegate on the commission; amending ss.

90 491.005 and 491.006, F.S.; exempting certain persons

91 from licensure requirements; amending s. 491.009,

92 F.S.; authorizing certain disciplinary action under

93 the compact for specified prohibited acts; amending s.

94 768.28, F.S.; designating the state's delegate and

95 other members or employees of the commission as state

96 agents for the purpose of applying waivers of

97 sovereign immunity; requiring the commission to pay

98 certain claims or judgments; authorizing the

99 commission to maintain insurance coverage to pay such

100 claims or judgments; providing an effective date.

102 Be It Enacted by the Legislature of the state of Florida:

104 Section 1. Section 491.022, Florida Statutes, is created to read:

106 491.022 Social Work Licensure Interstate Compact.—The

107 Social Work Licensure Interstate Compact is hereby enacted into

108 law and entered into by this state with all other states legally

109 joining therein in the form substantially as follows:

111 ARTICLE I

112 PURPOSE

114 (1) The purpose of this compact is to facilitate

115 interstate practice of regulated social workers by improving

116 public access to competent social work services.

117 (2) The compact preserves the regulatory authority of

118 member states to protect public health and safety through the

119 current system of licensure. This compact is designed to achieve

120 all of the following objectives:

121 (a) Increase public access to social work services.

122 (b) Reduce overly burdensome and duplicative requirements

123 associated with holding multiple licenses.

124 (c) Enhance member states' ability to protect the public

125 health and safety.

126 (d) Encourage the cooperation of member states in

127 regulating multistate practice.

128 (e) Promote mobility and address workforce shortages by

129 eliminating the necessity for licenses in multiple states by

130 providing for the mutual recognition of other member state

131 licenses.

132 (f) Support military families.

133 (g) Facilitate the exchange of licensure and disciplinary

134 information among member states.

135 (h) Authorize all member states to hold a regulated social

136 worker accountable for abiding by a member state's laws,

137 regulations, and applicable professional standards in the member

138 state in which the client is located at the time care is

139 rendered.

140 (i) Allow for the use of telehealth to facilitate

141 increased access to social work services.

143 ARTICLE II

144 DEFINITIONS

146 As used in this compact, the term:

147 (1) "Active military member" means any individual with

148 full-time duty status in the active Armed Forces of the United

149 States, including members of the National Guard and Reserve.

150 (2) "Adverse action" means any administrative, civil,

151 equitable, or criminal action permitted by a state's laws which

152 is imposed by a licensing authority or other authority against a

153 regulated social worker, including actions against an

154 individual's license or multistate authorization to practice

155 such as revocation, suspension, probation, monitoring of the

156 licensee, limitation on the licensee's practice, or any other

157 encumbrance on licensure affecting a regulated social worker's

158 authorization to practice, including issuance of a cease and

159 desist action.

160 (3) "Alternative program" means a nondisciplinary

161 monitoring or practice remediation process approved by a

162 licensing authority to address practitioners with an impairment.

163 (4) "Charter member states" means member states that have

164 enacted legislation to adopt this compact where such legislation

165 predates the effective date of this compact as described in

166 Article XIV.

167 (5) "Commission" means the government agency whose

168 membership consists of all states that have enacted this

169 compact, which is known as the Social Work Licensure Compact

170 Commission, as described in Article X, and which shall operate

171 as an instrumentality of the member states.

172 (6) "Current significant investigative information" means:

173 (a) Investigative information that a licensing authority,

174 after a preliminary inquiry that includes notification and an

175 opportunity for the regulated social worker to respond, has

176 reason to believe is not groundless and, if proved true, would

177 indicate more than a minor infraction as may be defined by the

178 commission; or

179 (b) Investigative information that indicates that the

180 regulated social worker represents an immediate threat to public

181 health and safety, as may be defined by the commission,

182 regardless of whether the regulated social worker has been

183 notified and has had an opportunity to respond.

184 (7) "Data system" means a repository of information about

185 licensees, including continuing education, examination,

186 licensure, current significant investigative information,

187 disqualifying events, multistate licenses, and adverse action

188 information or other information as required by the commission.

189 (8) "Disqualifying event" means any adverse action or

190 incident which results in an encumbrance that disqualifies or

191 makes the licensee ineligible to obtain, retain, or renew a

192 multistate license.

193 (9) "Domicile" means the jurisdiction in which the

194 licensee resides and intends to remain indefinitely.

195 (10) "Encumbrance" means a revocation or suspension of, or

196 any limitation on, the full and unrestricted practice of social

197 work licensed and regulated by a licensing authority.

198 (11) "Executive committee" means a group of delegates

199 elected or appointed to act on behalf of, and within the powers

200 granted to them by, the compact and commission.

201 (12) "Home state" means the member state that is the

202 licensee's primary domicile.

203 (13) "Impairment" means a condition that may impair a

204 practitioner's ability to engage in full and unrestricted

205 practice as a regulated social worker without some type of

206 intervention and may include alcohol and drug dependence, mental

207 health impairment, and neurological or physical impairments.

208 (14) "Licensee" means an individual who currently holds a

209 license from a state to practice as a regulated social worker.

210 (15) "Licensing authority" means the board or agency of a

211 member state, or an equivalent, that is responsible for the

212 licensing and regulation of regulated social workers.

213 (16) "Member state" means a state, commonwealth, district,

214 or territory of the United States that has enacted this compact.

215 (17) "Multistate authorization to practice" means a

216 legally authorized privilege to practice, which is equivalent to

217 a license, associated with a multistate license permitting the

218 practice of social work in a remote state.

219 (18) "Multistate license" means a license to practice as a

220 regulated social worker issued by a home state licensing

221 authority that authorizes the regulated social worker to

222 practice in all member states under multistate authorization to

223 practice.

224 (19) "Qualifying National Exam" means a national licensing

225 examination approved by the commission.

226 (20) "Regulated social worker" means any clinical,

227 master's, or bachelor's social worker licensed by a member state

228 regardless of the title used by that member state.

229 (21) "Remote state" means a member state other than the

230 licensee's home state.

231 (22) "Rules" or "rules of the commission" means a

232 regulation or regulations duly adopted by the commission, as

233 authorized by the compact, that has the force of law.

234 (23) "Single state license" means a social work license

235 issued by any state that authorizes practice only within the

236 issuing state and does not include multistate authorization to

237 practice in any member state.

238 (24) "Social work" or "social work services" means the

239 application of social work theory, knowledge, methods, ethics,

240 and the professional use of self to restore or enhance social,

241 psychosocial, or biopsychosocial functioning of individuals,

242 couples, families, groups, organizations, and communities

243 through the care and services provided by a regulated social

244 worker as provided in the member state's statutes and

245 regulations in the state where the services are being provided.

246 (25) "State" means any state, commonwealth, district, or

247 territory of the United States that regulates the practice of

248 social work.

249 (26) "Unencumbered license" means a license that

250 authorizes a regulated social worker to engage in the full and

251 unrestricted practice of social work.

253 ARTICLE III

254 STATE PARTICIPATION IN THE COMPACT

256 (1) To be eligible to participate in the compact, a

257 potential member state must currently meet all of the following

258 criteria:

259 (a) License and regulate the practice of social work at

260 the clinical, master's, or bachelor's level.

261 (b) Require applicants for licensure to graduate from a

262 program that:

263 1. Is operated by a college or university recognized by

264 the licensing authority;

265 2. Is accredited, or in candidacy by an institution that

266 subsequently becomes accredited, by an accrediting agency

267 recognized by either:

268 a. The Council for Higher Education Accreditation or its

269 successor; or

270 b. The United States Department of Education; and

271 3. Corresponds to the licensure sought as outlined in

272 Article IV.

273 (c) Require applicants for clinical licensure to complete

274 a period of supervised practice.

275 (d) Have a mechanism in place for receiving,

276 investigating, and adjudicating complaints about licensees.

277 (2) To maintain membership in the compact, a member state

278 shall:

279 (a) Require that applicants for a multistate license pass

280 a Qualifying National Exam for the corresponding category of

281 multistate license sought as outlined in Article IV.

282 (b) Participate fully in the commission's data system,

283 including using the commission's unique identifier as defined in

284 rules.

285 (c) Notify the commission, in compliance with the terms of

286 the compact and rules, of any adverse action or the availability

287 of current significant investigative information regarding a

288 licensee.

289 (d) Implement procedures for considering the criminal

290 history records of applicants for a multistate license. Such

291 procedures shall include the submission of fingerprints or other

292 biometric-based information by applicants for the purpose of

293 obtaining an applicant's criminal history record information

294 from the Federal Bureau of Investigation and the agency

295 responsible for retaining that state's criminal records.

296 (e) Comply with the rules of the commission.

297 (f) Require an applicant to obtain or retain a license in

298 the home state and meet the home state's qualifications for

299 licensure or renewal of licensure, as well as all other

300 applicable home state laws.

301 (g) Authorize a licensee holding a multistate license in

302 any member state to practice in accordance with the terms of the

303 compact and rules of the commission.

304 (h) Designate a delegate to participate in the commission

305 meetings.

306 (3) A member state meeting the requirements under

307 subsections (1) and (2) shall designate the categories of social

308 work licensure that are eligible for issuance of a multistate

309 license for applicants in such member state. To the extent that

310 any member state does not meet the requirements for

311 participation in the compact at any particular category of

312 social work licensure, such member state may choose, but is not

313 obligated, to issue a multistate license to applicants who

314 otherwise meet the requirements of Article IV for issuance of a

315 multistate license in such category or categories of licensure.

316 (4) The home state may charge a fee for granting the

317 multistate license.

319 ARTICLE IV

320 SOCIAL WORKER PARTICIPATION IN THE COMPACT

322 (1) To be eligible for a multistate license under this

323 compact, an applicant, regardless of category, must meet all of

324 the following requirements:

325 (a) Hold or be eligible for an active, unencumbered

326 license in the home state.

327 (b) Pay any applicable fees, including any member state

328 fee, for the multistate license.

329 (c) Submit, in connection with an application for a

330 multistate license, fingerprints or other biometric data for the

331 purpose of obtaining criminal history record information from

332 the Federal Bureau of Investigation and the agency responsible

333 for retaining that state's criminal records.

334 (d) Notify the home state of any adverse action,

335 encumbrance, or restriction on any professional license taken by

336 any member state or nonmember state within 30 days after the

337 date the action was taken.

338 (e) Meet any continuing competence requirements

339 established by the home state.

340 (f) Abide by the laws, regulations, and applicable

341 standards in the member state where the client is located at the

342 time care is rendered.

343 (2) An applicant for a clinical-category multistate

344 license must meet all of the following requirements:

345 (a) Fulfill a competency requirement, which shall be

346 satisfied by:

347 1. Passage of a clinical-category Qualifying National

348 Exam;

349 2. Licensure of the applicant in his or her home state at

350 the clinical category, beginning before such time as a

351 Qualifying National Exam was required by the home state and

352 accompanied by a period of continuous social work licensure

353 thereafter, all of which may be further governed by the rules of

354 the commission; or

355 3. The substantial equivalency of the foregoing competency

356 requirements which the commission may determine by rule.

357 (b) Attain at least a master's degree in social work from

358 a program that is:

359 1. Operated by a college or university recognized by a

360 licensing authority.

361 2. Accredited, or in candidacy that subsequently becomes

362 accredited, by an accrediting agency recognized by either:

363 a. The Council for Higher Education Accreditation or its

364 successor; or

365 b. The United States Department of Education.

366 (c) Fulfill a practice requirement, which shall be

367 satisfied by demonstrating completion of:

368 1. A period of postgraduate supervised clinical practice

369 equal to a minimum of 3,000 hours;

370 2. A minimum of 2 years of full-time postgraduate

371 supervised clinical practice; or

372 3. The substantial equivalency of the foregoing practice

373 requirements which the commission may determine by rule.

374 (3) An applicant for a master's-category multistate

375 license must meet all of the following requirements:

376 (a) Fulfill a competency requirement, which shall be

377 satisfied by:

378 1. Passage of a masters-category Qualifying National Exam;

379 2. Licensure of the applicant in his or her home state at

380 the master's category, beginning before such time as a

381 Qualifying National Exam was required by the home state at the

382 master's category and accompanied by a continuous period of

383 social work licensure thereafter, all of which may be further

384 governed by the rules of the commission; or

385 3. The substantial equivalency of the foregoing competency

386 requirements which the commission may determine by rule.

387 (b) Attain at least a master's degree in social work from

388 a program that is:

389 1. Operated by a college or university recognized by a

390 licensing authority.

391 2. Accredited, or in candidacy by an institution that

392 subsequently becomes accredited, by an accrediting agency

393 recognized by either:

394 a. The Council for Higher Education Accreditation or its

395 successor; or

396 b. The United States Department of Education.

397 (4) An applicant for a bachelor's-category multistate

398 license must meet all of the following requirements:

399 (a) Fulfill a competency requirement, which shall be

400 satisfied by:

401 1. Passage of a bachelor's-category Qualifying National

402 Exam;

403 2. Licensure of the applicant in his or her home state at

404 the bachelor's category, beginning before such time as a

405 Qualifying National Exam was required by the home state and

406 accompanied by a period of continuous social work licensure

407 thereafter, all of which may be further governed by the rules of

408 the commission; or

409 3. The substantial equivalency of the foregoing competency

410 requirements which the commission may determine by rule.

411 (b) Attain at least a bachelor's degree in social work

412 from a program that is:

413 1. Operated by a college or university recognized by the

414 licensing authority.

415 2. Accredited, or in candidacy that subsequently becomes

416 accredited, by an accrediting agency recognized by either:

417 a. The Council for Higher Education Accreditation or its

418 successor; or

419 b. The United States Department of Education.

420 (5) The multistate license for a regulated social worker

421 is subject to the renewal requirements of the home state. The

422 regulated social worker must maintain compliance with the

423 requirements of subsection (1) to be eligible to renew a

424 multistate license.

425 (6) The regulated social worker's services in a remote

426 state are subject to that member state's regulatory authority. A

427 remote state may, in accordance with due process and that member

428 state's laws, remove a regulated social worker's multistate

429 authorization to practice in the remote state for a specific

430 period of time, impose fines, and take any other necessary

431 actions to protect the health and safety of its citizens.

432 (7) If a multistate license is encumbered, the regulated

433 social worker's multistate authorization to practice shall be

434 deactivated in all remote states until the multistate license is

435 no longer encumbered.

436 (8) If a multistate authorization to practice is

437 encumbered in a remote state, the regulated social worker's

438 multistate authorization to practice may be deactivated in that

439 state until the multistate authorization to practice is no

440 longer encumbered.

442 ARTICLE V

443 ISSUANCE OF A MULTISTATE LICENSE

445 (1) Upon receipt of an application for multistate license,

446 the home state licensing authority shall determine the

447 applicant's eligibility for a multistate license in accordance

448 with Article IV.

449 (2) If such applicant is eligible pursuant to Article IV,

450 the home state licensing authority shall issue a multistate

451 license that authorizes the applicant or regulated social worker

452 to practice in all member states under a multistate

453 authorization to practice.

454 (3) Upon issuance of a multistate license, the home state

455 licensing authority shall designate whether the regulated social

456 worker holds a multistate license in the bachelor's, master's,

457 or clinical category of social work.

458 (4) A multistate license issued by a home state to a

459 resident in that state shall be recognized by all compact member

460 states as authorizing social work practice under a multistate

461 authorization to practice corresponding to each category of

462 licensure regulated in each member state.

464 ARTICLE VI

465 AUTHORITY OF SOCIAL WORK LICENSURE COMPACT COMMISSION

466 AND MEMBER STATE LICENSING AUTHORITIES

468 (1) This compact, or any rule of the commission, does not

469 limit, restrict, or in any way reduce the ability of a member

470 state to:

471 (a) Enact and enforce laws, regulations, or other rules

472 related to the practice of social work in that state when those

473 laws, regulations, or other rules are not inconsistent with the

474 provisions of this compact.

475 (b) Take adverse action against a licensee's single state

476 license to practice social work in that state.

477 (c) Take adverse action against a licensee's multistate

478 authorization to practice social work in that state.

479 (2) This compact, or any rule of the commission, does not

480 limit, restrict, or in any way reduce the ability of a

481 licensee's home state to take adverse action against a

482 licensee's multistate license based upon information provided by

483 a remote state.

484 (3) This compact does not affect the requirements

485 established by a member state for the issuance of a single state

486 license.

488 ARTICLE VII

489 REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE

491 (1) A licensee can hold a multistate license, issued by

492 his or her home state, in only one member state at any given

493 time.

494 (2) If a licensee changes his or her home state by moving

495 between two member states:

496 (a) The licensee shall immediately apply for the

497 reissuance of his or her multistate license in his or her new

498 home state. The licensee shall pay all applicable fees and

499 notify the prior home state in accordance with the rules of the

500 commission.

501 (b) Upon receipt of an application to reissue a multistate

502 license, the new home state shall verify that the multistate

503 license is active, unencumbered, and eligible for reissuance

504 under the terms of the compact and the rules of the commission.

505 The multistate license issued by the prior home state will be

506 deactivated and all member states notified in accordance with

507 the applicable rules adopted by the commission.

508 (c) Before the reissuance of the multistate license, the

509 new home state shall conduct procedures for considering the

510 criminal history records of the licensee. Such procedures shall

511 include the submission of fingerprints or other biometric-based

512 information by applicants for the purpose of obtaining an

513 applicant's criminal history record information from the Federal

514 Bureau of Investigation and the agency responsible for retaining

515 that state's criminal records.

516 (d) If required for initial licensure, the new home state

517 may require completion of jurisprudence requirements in the new

518 home state.

519 (e) Notwithstanding any other provision of this compact,

520 if a licensee does not meet the requirements provided in this

521 compact for the reissuance of a multistate license by the new

522 home state, then the licensee shall be subject to the new home

523 state requirements for the issuance of a single state license in

524 that state.

525 (3) If a licensee changes his or her primary state of

526 residence by moving from a member state to a nonmember state, or

527 from a nonmember state to a member state, then the licensee

528 shall be subject to the state requirements for the issuance of a

529 single state license in the new home state.

530 (4) This compact does not interfere with a licensee's

531 ability to hold a single state license in multiple states;

532 however, for the purposes of this compact, a licensee shall have

533 only one home state, and only one multistate license.

534 (5) This compact does not interfere with the requirements

535 established by a member state for the issuance of a single state

536 license.

538 ARTICLE VIII

539 MILITARY FAMILIES

541 An active military member or his or her spouse shall

542 designate a home state where the individual has a multistate

543 license. The individual may retain his or her home state

544 designation during the period the servicemember is on active

545 duty.

547 ARTICLE IX

548 ADVERSE ACTIONS

550 (1) In addition to the other powers conferred by general

551 law, a remote state shall have the authority, in accordance with

552 existing state due process law, to:

553 (a) Take adverse action against a regulated social

554 worker's multistate authorization to practice only within that

555 member state, and issue subpoenas for both hearings and

556 investigations that require the attendance and testimony of

557 witnesses as well as the production of evidence. Subpoenas

558 issued by a licensing authority in a member state for the

559 attendance and testimony of witnesses or the production of

560 evidence from another member state shall be enforced in the

561 latter state by any court of competent jurisdiction, according

562 to the practice and procedure of that court applicable to

563 subpoenas issued in proceedings pending before it. The issuing

564 licensing authority shall pay any witness fees, travel expenses,

565 mileage, and other fees required by the service statutes of the

566 state in which the witnesses or evidence are located.

567 (b) Only the home state shall have the power to take

568 adverse action against a regulated social worker's multistate

569 license.

570 (2) For purposes of taking adverse action, the home state

571 shall give the same priority and effect to reported conduct

572 received from a member state as it would if the conduct had

573 occurred within the home state. In so doing, the home state

574 shall apply its own state laws to determine appropriate action.

575 (3) The home state shall complete any pending

576 investigations of a regulated social worker who changes his or

577 her home state during the course of the investigations. The home

578 state shall also have the authority to take appropriate actions

579 and shall promptly report the conclusions of the investigations

580 to the administrator of the data system. The administrator of

581 the data system shall promptly notify the new home state of any

582 adverse actions.

583 (4) A member state, if otherwise permitted by state law,

584 may recover from the affected regulated social worker the costs

585 of investigations and dispositions of cases resulting from any

586 adverse action taken against that regulated social worker.

587 (5) A member state may take adverse action based on the

588 factual findings of another member state, provided that the

589 member state follows its own procedures for taking the adverse

590 action.

591 (6)(a) In addition to the authority granted to a member

592 state by its respective social work practice act or other

593 applicable state law, any member state may participate with

594 other member states in joint investigations of licensees.

595 (b) Member states shall share any investigative,

596 litigation, or compliance materials in furtherance of any joint

597 or individual investigation initiated under the compact.

598 (7) If adverse action is taken by the home state against

599 the multistate license of a regulated social worker, the

600 regulated social worker's multistate authorization to practice

601 in all other member states shall be deactivated until all

602 encumbrances have been removed from the multistate license. All

603 home state disciplinary orders that impose adverse action

604 against the license of a regulated social worker shall include a

605 statement that the regulated social worker's multistate

606 authorization to practice is deactivated in all member states

607 until all conditions of the decision, order, or agreement are

608 satisfied.

609 (8) If a member state takes adverse action, it shall

610 promptly notify the administrator of the data system. The

611 administrator of the data system shall promptly notify the home

612 state and all other member states of any adverse actions by

613 remote states.

614 (9) This compact does not override a member state's

615 decision that participation in an alternative program may be

616 used in lieu of adverse action.

617 (10) This compact does not authorize a member state to

618 demand the issuance of subpoenas for attendance and testimony of

619 witnesses or the production of evidence from another member

620 state for lawful actions within that member state.

621 (11) This compact does not authorize a member state to

622 impose discipline against a regulated social worker who holds a

623 multistate authorization to practice for lawful actions within

624 another member state.

626 ARTICLE X

627 ESTABLISHMENT OF SOCIAL WORK LICENSURE

628 COMPACT COMMISSION

630 (1) The compact member states hereby create and establish

631 a joint government agency whose membership consists of all

632 member states that have enacted the compact known as the Social

633 Work Licensure Compact Commission. The commission is an

634 instrumentality of the compact states acting jointly and not an

635 instrumentality of any one state. The commission shall come into

636 existence on or after the effective date of the compact as

637 provided in Article XIV.

638 (2)(a) Each member state shall have and be limited to one

639 delegate appointed by that member state's licensing authority.

640 The delegate shall be either:

641 1. A current member of the state licensing authority at

642 the time of appointment who is a regulated social worker or

643 public member of the state licensing authority; or

644 2. An administrator of the licensing authority or his or

645 her designee.

646 (b) The commission shall by rule or bylaw establish a term

647 of office for delegates and may by rule or bylaw establish term

648 limits.

649 (c) The commission may recommend removal or suspension of

650 any delegate from office.

651 (d) A member state's licensing authority shall fill any

652 vacancy of its delegate occurring on the commission within 60

653 days after the vacancy.

654 (e) Each delegate shall be entitled to one vote on all

655 matters before the commission requiring a vote by commission

656 delegates.

657 (f) A delegate shall vote in person or by such other means

658 as provided in the bylaws. The bylaws may provide for delegates

659 to meet by telecommunication, video conference, or other similar

660 electronic means.

661 (g) The commission shall meet at least once during each

662 calendar year. Additional meetings may be held as provided in

663 the bylaws. The commission may meet by telecommunication, video

664 conference, or other similar electronic means.

665 (3) The commission shall have the following powers:

666 (a) Establish the fiscal year of the commission.

667 (b) Establish code of conduct and conflict of interest

668 policies.

669 (c) Establish and amend rules and bylaws.

670 (d) Maintain its financial records in accordance with the

671 bylaws.

672 (e) Meet and take such actions as are consistent with the

673 provisions of this compact, the commission's rules, and the

674 bylaws.

675 (f) Initiate and conclude legal proceedings or actions in

676 the name of the commission, provided that the standing of any

677 licensing authority to sue or be sued under applicable law may

678 not be affected.

679 (g) Maintain and certify records and information provided

680 to a member state as the authenticated business records of the

681 commission, and designate an agent to do so on the commission's

682 behalf.

683 (h) Purchase and maintain insurance and bonds.

684 (i) Borrow, accept, or contract for services of personnel,

685 including, but not limited to, employees of a member state.

686 (j) Conduct an annual financial review.

687 (k) Hire employees, elect or appoint officers, fix

688 compensation, define duties, grant such individuals appropriate

689 authority to carry out the purposes of the compact, and

690 establish the commission's personnel policies and programs

691 relating to conflicts of interest, qualifications of personnel,

692 and other related personnel matters.

693 (l) Assess and collect fees.

694 (m) Accept any and all appropriate gifts, donations,

695 grants of money, other sources of revenue, equipment, supplies,

696 materials, and services, and receive, utilize, and dispose of

697 the same; provided that at all times the commission shall avoid

698 any appearance of impropriety or conflict of interest.

699 (n) Lease, purchase, retain, own, hold, improve, or use

700 any property, real, personal, or mixed, or any undivided

701 interest therein.

702 (o) Sell, convey, mortgage, pledge, lease, exchange,

703 abandon, or otherwise dispose of any property, real, personal,

704 or mixed.

705 (p) Establish a budget and make expenditures.

706 (q) Borrow money.

707 (r) Appoint committees, including standing committees,

708 composed of members, state regulators, state legislators or

709 their representatives, consumer representatives, and such other

710 interested persons as may be designated in this compact and the

711 bylaws.

712 (s) Provide and receive information from, and cooperate

713 with, law enforcement agencies.

714 (t) Establish and elect an executive committee, including

715 a chair and a vice chair.

716 (u) Determine whether a state's adopted language is

717 materially different from the model compact language such that

718 the state would not qualify for participation in the compact.

719 (v) Perform such other functions as may be necessary or

720 appropriate to achieve the purposes of this compact.

721 (4)(a) The executive committee shall have the power to act

722 on behalf of the commission according to the terms of this

723 compact. The powers, duties, and responsibilities of the

724 executive committee shall include:

725 1. Oversee the day-to-day activities of the administration

726 of the compact, including enforcement and compliance with the

727 provisions of the compact, its rules and bylaws, and other such

728 duties as deemed necessary.

729 2. Recommend to the commission changes to the rules or

730 bylaws, changes to this compact legislation, fees charged to

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

732 fees.

733 3. Ensure compact administration services are

734 appropriately provided, including by contract.

735 4. Prepare and recommend the budget.

736 5. Maintain financial records on behalf of the commission.

737 6. Monitor compact compliance of member states and provide

738 compliance reports to the commission.

739 7. Establish additional committees as necessary.

740 8. Exercise the powers and duties of the commission during

741 the interim between commission meetings, except for adopting or

742 amending rules, adopting or amending bylaws, and exercising any

743 other powers and duties reserved expressly for use by the

744 commission by rule or bylaw.

745 9. Other duties as provided in the rules or bylaws of the

746 commission.

747 (b) The executive committee shall be composed of up to 11

748 members:

749 1. The chair and vice chair of the commission shall be

750 voting members of the executive committee.

751 2. The commission shall elect five voting members from the

752 current membership of the commission.

753 3. Up to four ex-officio, nonvoting members from four

754 recognized national social work organizations, selected by their

755 respective organizations.

756 (c) The commission may remove any member of the executive

757 committee as provided in the commission's bylaws.

758 (d) The executive committee shall meet at least annually.

759 1. Executive committee meetings shall be open to the

760 public, except that the executive committee may meet in a

761 closed, nonpublic meeting as provided in subsection (7).

762 2. The executive committee shall give 7 days' notice of

763 its meetings, posted on its website and as determined to provide

764 notice to persons with an interest in the business of the

765 commission.

766 3. The executive committee may hold a special meeting in

767 accordance with subsection (6).

768 (5) The commission shall adopt and provide to the member

769 states an annual report.

770 (6) All meetings shall be open to the public, except that

771 the commission may meet in a closed, nonpublic meeting as

772 provided in subsection (7).

773 (a) Public notice for all meetings of the full commission

774 of meetings shall be given in the same manner as required under

775 the rulemaking provisions in Article XII, except that the

776 commission may hold a special meeting as provided in paragraph

777 (b).

778 (b) The commission may hold a special meeting when it must

779 meet to conduct emergency business by giving 48 hours' notice to

780 all commissioners, on the commission's website, and by other

781 means as provided in the commission's rules. The commission's

782 legal counsel shall certify that the commission's need to meet

783 qualifies as an emergency.

784 (7)(a) The commission or the executive committee or other

785 committee of the commission may convene in a closed, nonpublic

786 meeting if the commission or the committee needs to receive

787 legal advice or discuss any of the following:

788 1. Noncompliance of a member state with its obligations

789 under the compact.

790 2. The employment, compensation, or discipline of, or

791 other matters, practices, or procedures related to, specific

792 employees.

793 3. Current or threatened discipline of a licensee by the

794 commission or by a member state's licensing authority.

795 4. Current, threatened, or reasonably anticipated

796 litigation.

797 5. Negotiation of contracts for the purchase, lease, or

798 sale of goods, services, or real estate.

799 6. Accusing any person of a crime or formally censuring

800 any person.

801 7. Trade secrets or commercial or financial information

802 that is privileged or confidential.

803 8. Information of a personal nature when disclosure would

804 constitute a clearly unwarranted invasion of personal privacy.

805 9. Investigative records compiled for law enforcement

806 purposes.

807 10. Information related to any investigative reports

808 prepared by, or on behalf of or for the use of, the commission

809 or other committee charged with responsibility of investigation

810 or determination of compliance issues pursuant to the compact.

811 11. Matters specifically exempted from disclosure by

812 federal or member state law.

813 12. Other matters as adopted by commission rule.

814 (b) If a meeting, or portion of a meeting, is closed, the

815 presiding officer shall state that the meeting will be closed

816 and reference each relevant exempting provision, and such

817 reference shall be recorded in the minutes.

818 (c) The commission shall keep minutes that fully and

819 clearly describe all matters discussed in a meeting and shall

820 provide a full and accurate summary of actions taken, and the

821 reasons therefor, including a description of the views

822 expressed. All documents considered in connection with an action

823 shall be identified in such minutes. All minutes and documents

824 of a closed meeting shall remain under seal, subject to release

825 only by a majority vote of the commission or order of a court of

826 competent jurisdiction.

827 (8)(a) The commission shall pay, or provide for the

828 payment of, the reasonable expenses of its establishment,

829 organization, and ongoing activities.

830 (b) The commission may accept any and all appropriate

831 revenue sources as provided in paragraph (3)(m).

832 (c) The commission may levy on and collect an annual

833 assessment from each member state and impose fees on licensees

834 of member states to whom it grants a multistate license to cover

835 the cost of the operations and activities of the commission and

836 its staff, which must be in a total amount sufficient to cover

837 its annual budget as approved each year for which revenue is not

838 provided by other sources. The aggregate annual assessment

839 amount for member states shall be allocated based upon a formula

840 that the commission shall adopt by rule.

841 (d) The commission may not incur obligations of any kind

842 prior to securing the funds adequate to meet the same; nor shall

843 the commission pledge the credit of any of the member states,

844 except by and with the authority of the member state.

845 (e) The commission shall keep accurate accounts of all

846 receipts and disbursements. The receipts and disbursements of

847 the commission shall be subject to the financial review and

848 accounting procedures established under its bylaws. However, all

849 receipts and disbursements of funds handled by the commission

850 shall be subject to an annual financial review by a certified or

851 licensed public accountant, and the report of the financial

852 review shall be included in and become part of the annual report

853 of the commission.

854 (9)(a) The members, officers, executive director,

855 employees, and representatives of the commission shall be immune

856 from suit and liability, both personally and in their official

857 capacity, for any claim for damage to or loss of property or

858 personal injury or other civil liability caused by or arising

859 out of any actual or alleged act, error, or omission that

860 occurred, or that the person against whom the claim is made had

861 a reasonable basis for believing occurred within the scope of

862 commission employment, duties, or responsibilities; provided

863 that this paragraph does not protect any such person from suit

864 or liability for any damage, loss, injury, or liability caused

865 by the intentional or willful or wanton misconduct of that

866 person. The procurement of insurance of any type by the

867 commission may not in any way compromise or limit the immunity

868 granted hereunder.

869 (b) The commission shall defend any member, officer,

870 executive director, employee, and representative of the

871 commission in any civil action seeking to impose liability

872 arising out of any actual or alleged act, error, or omission

873 that occurred within the scope of commission employment, duties,

874 or responsibilities, or as determined by the commission that the

875 person against whom the claim is made had a reasonable basis for

876 believing occurred within the scope of commission employment,

877 duties, or responsibilities; provided that nothing herein shall

878 be construed to prohibit that person from retaining his or her

879 own counsel at his or her own expense; and provided further that

880 the actual or alleged act, error, or omission did not result

881 from the intentional or willful or wanton misconduct of that

882 person.

883 (c) The commission shall indemnify and hold harmless any

884 member, officer, executive director, employee, and

885 representative of the commission for the amount of any

886 settlement or judgment obtained against that person arising out

887 of any actual or alleged act, error, or omission that occurred

888 within the scope of commission employment, duties, or

889 responsibilities, or, as determined by the commission, that the

890 person against whom the claim is made had a reasonable basis for

891 believing occurred within the scope of commission employment,

892 duties, or responsibilities, provided that the actual or alleged

893 act, error, or omission did not result from the intentional or

894 willful or wanton misconduct of that person.

895 (d) Nothing herein shall be construed as a limitation on

896 the liability of any licensee for professional malpractice or

897 misconduct, which shall be governed solely by any other

898 applicable state laws.

899 (e) This compact may not be interpreted to waive or

900 otherwise abrogate a member state's state action immunity or

901 state action affirmative defense with respect to antitrust

902 claims under the Sherman Antitrust Act, Clayton Antitrust Act of

903 1914, or any other state or federal antitrust or anticompetitive

904 law or regulation.

905 (f) This compact may not be construed to be a waiver of

906 sovereign immunity by the member states or by the commission.

908 ARTICLE XI

909 DATA SYSTEM

911 (1) The commission shall provide for the development,

912 maintenance, operation, and utilization of a coordinated data

913 system.

914 (2) The commission shall assign each applicant for a

915 multistate license a unique identifier, as determined by the

916 rules of the commission.

917 (3) Notwithstanding any other provision of state law to

918 the contrary, a member state shall submit a uniform data set to

919 the data system on all individuals to whom this compact is

920 applicable as required by the rules of the commission,

921 including:

922 (a) Identifying information.

923 (b) Licensure data.

924 (c) Adverse actions against a license and information

925 related thereto.

926 (d) Nonconfidential information related to alternative

927 program participation, the beginning and ending dates of such

928 participation, and other information related to such

929 participation not made confidential under member state law.

930 (e) Any denial of application for licensure, and the

931 reason for such denial.

932 (f) The presence of current significant investigative

933 information.

934 (g) Other information that may facilitate the

935 administration of this compact or the protection of the public,

936 as determined by the rules of the commission.

937 (4) The records and information provided to a member state

938 pursuant to this compact or through the data system, when

939 certified by the commission or an agent thereof, shall

940 constitute the authenticated business records of the commission,

941 and shall be entitled to any associated hearsay exception in any

942 relevant judicial, quasi-judicial, or administrative proceedings

943 in a member state.

944 (5)(a) Current significant investigative information

945 pertaining to a licensee in any member state will only be

946 available to other member states.

947 (b) It is the responsibility of the member states to

948 report any adverse action against a licensee and to monitor the

949 database to determine whether adverse action has been taken

950 against a licensee. Adverse action information pertaining to a

951 licensee in any member state will be available to any other

952 member state.

953 (6) Member states contributing information to the data

954 system may designate information that may not be shared with the

955 public without the express permission of the contributing state.

956 (7) Any information submitted to the data system that is

957 subsequently expunged pursuant to federal law or the laws of the

958 member state contributing the information shall be removed from

959 the data system.

961 ARTICLE XII

962 RULEMAKING

964 (1) The commission shall adopt reasonable rules in order

965 to effectively and efficiently implement and administer the

966 purposes and provisions of the compact. A rule shall be invalid

967 and have no force or effect only if a court of competent

968 jurisdiction holds that the rule is invalid because the

969 commission exercised its rulemaking authority in a manner that

970 is beyond the scope and purposes of the compact, or the powers

971 granted hereunder, or based upon another applicable standard of

972 review.

973 (2) The rules of the commission shall have the force of

974 law in each member state; however, if the rules of the

975 commission conflict with the laws, regulations, and applicable

976 standards that govern the practice of social work as held by a

977 court of competent jurisdiction, the rules of the commission are

978 ineffective in that state to the extent of the conflict.

979 (3) The commission shall exercise its rulemaking powers

980 pursuant to the criteria provided in this section and the rules

981 adopted thereunder. Rules shall become binding on the day

982 following adoption or the date specified in the rule or

983 amendment, whichever is later.

984 (4) If a majority of the legislatures of the member states

985 rejects a rule or portion of a rule, by enactment of a statute

986 or resolution in the same manner used to adopt the compact

987 within 4 years after the date of adoption of the rule, then such

988 rule shall have no further force and effect in any member state.

989 (5) Rules shall be adopted at a regular or special meeting

990 of the commission.

991 (6) Before adoption of a proposed rule, the commission

992 shall hold a public hearing and allow persons to provide oral

993 and written comments, data, facts, opinions, and arguments.

994 (7) Before adoption of a proposed rule by the commission,

995 and at least 30 days in advance of the meeting at which the

996 commission will hold a public hearing on the proposed rule, the

997 commission shall provide a notice of proposed rulemaking:

998 (a) On the website of the commission or other publicly

999 accessible platform.

1000 (b) To persons who have requested notice of the

1001 commission's notices of proposed rulemaking.

1002 (c) In such other way as the commission may by rule

1003 specify.

1004 (8) The notice of proposed rulemaking shall include:

1005 (a) The time, date, and location of the public hearing at

1006 which the commission will hear public comments on the proposed

1007 rule and, if different, the time, date, and location of the

1008 meeting where the commission will consider and vote on the

1009 proposed rule.

1010 (b) If the hearing is held via telecommunication, video

1011 conference, or other similar electronic means, the commission

1012 shall include the mechanism for access to the hearing in the

1013 notice of proposed rulemaking.

1014 (c) The text of the proposed rule and the reason therefor.

1015 (d) A request for comments on the proposed rule from any

1016 interested person.

1017 (e) The manner in which interested persons may submit

1018 written comments.

1019 (9) All hearings will be recorded. A copy of the recording

1020 and all written comments and documents received by the

1021 commission in response to the proposed rule shall be available

1022 to the public.

1023 (10) This section does not require a separate hearing on

1024 each rule. Rules may be grouped for the convenience of the

1025 commission at hearings required by this section.

1026 (11) The commission shall, by majority vote of all

1027 members, take final action on the proposed rule based on the

1028 rulemaking record and the full text of the rule.

1029 (a) The commission may adopt changes to the proposed rule

1030 provided the changes do not enlarge the original purpose of the

1031 proposed rule.

1032 (b) The commission shall provide an explanation of the

1033 reasons for substantive changes made to the proposed rule as

1034 well as reasons for substantive changes not made that were

1035 recommended by commenters.

1036 (c) The commission shall determine a reasonable effective

1037 date for the rule. Except for an emergency as provided in

1038 subsection (12), the effective date of the rule shall be no

1039 sooner than 30 days after issuing the notice that the commission

1040 adopted or amended the rule.

1041 (12) Upon determination that an emergency exists, the

1042 commission may consider and adopt an emergency rule with 48

1043 hours' notice, with opportunity to comment, provided that the

1044 usual rulemaking procedures provided in the compact and in this

1045 section shall be retroactively applied to the rule as soon as

1046 reasonably possible, but in no event later than 90 days after

1047 the effective date of the rule. For the purposes of this

1048 subsection, an emergency rule is one that must be adopted

1049 immediately in order to:

1050 (a) Meet an imminent threat to public health, safety, or

1051 welfare;

1052 (b) Prevent a loss of commission or member state funds;

1053 (c) Meet a deadline for the adoption of a rule that is

1054 established by federal law or rule; or

1055 (d) Protect public health and safety.

1056 (13) The commission or an authorized committee of the

1057 commission may direct revisions to a previously adopted rule for

1058 purposes of correcting typographical errors, errors in format,

1059 errors in consistency, or grammatical errors. Public notice of

1060 any revisions shall be posted on the website of the commission.

1061 The revision shall be subject to challenge by any person for a

1062 period of 30 days after posting. The revision may be challenged

1063 only on grounds that the revision results in a material change

1064 to a rule. A challenge shall be made in writing and delivered to

1065 the commission prior to the end of the notice period. If no

1066 challenge is made, the revision will take effect without further

1067 action. If the revision is challenged, the revision may not take

1068 effect without the approval of the commission.

1069 (14) No member state's rulemaking requirements shall apply

1070 under this compact.

1072 ARTICLE XIII

1073 OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

1075 (1)(a) The executive and judicial branches of state

1076 government in each member state shall enforce this compact and

1077 take all actions necessary and appropriate to implement the

1078 compact.

1079 (b) Except as otherwise provided in this compact, venue is

1080 proper and judicial proceedings by or against the commission

1081 shall be brought solely and exclusively in a court of competent

1082 jurisdiction where the principal office of the commission is

1083 located. The commission may waive venue and jurisdictional

1084 defenses to the extent it adopts or consents to participate in

1085 alternative dispute resolution proceedings. Nothing herein shall

1086 affect or limit the selection or propriety of venue in any

1087 action against a licensee for professional malpractice,

1088 misconduct, or any such similar matter.

1089 (c) The commission shall be entitled to receive service of

1090 process in any proceeding regarding the enforcement or

1091 interpretation of the compact and shall have standing to

1092 intervene in such a proceeding for all purposes. Failure to

1093 provide the commission service of process shall render a

1094 judgment or order void as to the commission, this compact, or

1095 adopted rules.

1096 (2)(a) If the commission determines that a member state

1097 has defaulted in the performance of its obligations or

1098 responsibilities under this compact or the adopted rules, the

1099 commission shall provide written notice to the defaulting state.

1100 The notice of default shall describe the default, the proposed

1101 means of curing the default, and any other action that the

1102 commission may take, and shall offer training and specific

1103 technical assistance regarding the default.

1104 (b) The commission shall provide a copy of the notice of

1105 default to the other member states.

1106 (3) If a state in default fails to cure the default, the

1107 defaulting state may be terminated from the compact upon an

1108 affirmative vote of a majority of the delegates of the member

1109 states, and all rights, privileges, and benefits conferred on

1110 that state by this compact may be terminated on the effective

1111 date of termination. A cure of the default does not relieve the

1112 offending state of obligations or liabilities incurred during

1113 the period of default.

1114 (4) Termination of membership in the compact shall be

1115 imposed only after all other means of securing compliance have

1116 been exhausted. Notice of intent to suspend or terminate shall

1117 be given by the commission to the Governor, the majority and

1118 minority leaders of the defaulting state's legislature, the

1119 defaulting state's state licensing authority, and the licensing

1120 authority of each member state.

1121 (5) A state that has been terminated is responsible for

1122 all assessments, obligations, and liabilities incurred through

1123 the effective date of termination, including obligations that

1124 extend beyond the effective date of termination.

1125 (6) Upon the termination of a state's membership from this

1126 compact, that state shall immediately provide notice to all

1127 licensees within that state of such termination. The terminated

1128 state shall continue to recognize all licenses granted pursuant

1129 to this compact for a minimum of 6 months after the date of said

1130 notice of termination.

1131 (7) The commission may not bear any costs related to a

1132 state that is found to be in default or that has been terminated

1133 from the compact, unless agreed upon in writing between the

1134 commission and the defaulting state.

1135 (8) The defaulting state may appeal the action of the

1136 commission by petitioning the United States District Court for

1137 the District of Columbia or the federal district where the

1138 commission has its principal offices. The prevailing party shall

1139 be awarded all costs of such litigation, including reasonable

1140 attorney fees.

1141 (9)(a) Upon request by a member state, the commission

1142 shall attempt to resolve disputes related to the compact that

1143 arise among member states and between member and nonmember

1144 states.

1145 (b) The commission shall adopt a rule providing for both

1146 mediation and binding dispute resolution for disputes as

1147 appropriate.

1148 (10)(a) By majority vote as provided by rule, the

1149 commission may initiate legal action against a member state in

1150 default in the United States District Court for the District of

1151 Columbia or the federal district where the commission has its

1152 principal offices to enforce compliance with the provisions of

1153 the compact and its adopted rules. The relief sought may include

1154 both injunctive relief and damages. In the event judicial

1155 enforcement is necessary, the prevailing party shall be awarded

1156 all costs of such litigation, including reasonable attorney

1157 fees. The remedies herein may not be the exclusive remedies of

1158 the commission. The commission may pursue any other remedies

1159 available under federal or the defaulting member state's law.

1160 (b) A member state may initiate legal action against the

1161 commission in the United States District Court for the District

1162 of Columbia or the federal district where the commission has its

1163 principal offices to enforce compliance with the provisions of

1164 the compact and its adopted rules. The relief sought may include

1165 both injunctive relief and damages. In the event judicial

1166 enforcement is necessary, the prevailing party shall be awarded

1167 all costs of such litigation, including reasonable attorney

1168 fees.

1169 (c) Only a member state may enforce this compact against

1170 the commission.

1172 ARTICLE XIV

1173 EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT

1175 (1) The compact shall come into effect on the date on

1176 which the compact statute is enacted into law in the seventh

1177 member state.

1178 (2)(a) On or after the effective date of the compact, the

1179 commission shall convene and review the enactment of each of the

1180 first seven charter member states to determine if the statute

1181 enacted by each such charter member state is materially

1182 different than the model compact statute.

1183 1. A charter member state whose enactment is found to be

1184 materially different from the model compact statute shall be

1185 entitled to the default process provided in Article XIII.

1186 2. If any member state is later found to be in default, or

1187 is terminated or withdraws from the compact, the commission

1188 shall remain in existence and the compact shall remain in effect

1189 even if the number of member states should be less than seven.

1190 (b) Member states enacting the compact subsequent to the

1191 seven initial charter member states shall be subject to the

1192 process provided in paragraph (3)(u) of Article X to determine

1193 if their enactments are materially different from the model

1194 compact statute and whether they qualify for participation in

1195 the compact.

1196 (c) All actions taken for the benefit of the commission or

1197 in furtherance of the purposes of the administration of the

1198 compact prior to the effective date of the compact or the

1199 commission coming into existence shall be considered to be

1200 actions of the commission unless specifically repudiated by the

1201 commission.

1202 (d) Any state that joins the compact subsequent to the

1203 commission's initial adoption of the rules and bylaws shall be

1204 subject to the rules and bylaws as they exist on the date on

1205 which the compact becomes law in that state. Any rule that has

1206 been previously adopted by the commission shall have the full

1207 force and effect of law on the day the compact becomes law in

1208 that state.

1209 (3) Any member state may withdraw from this compact by

1210 enacting a statute repealing the same.

1211 (a) A member state's withdrawal may not take effect until

1212 180 days after enactment of the repealing statute.

1213 (b) Withdrawal may not affect the continuing requirement

1214 of the withdrawing state's licensing authority to comply with

1215 the investigative and adverse action reporting requirements of

1216 this compact before the effective date of withdrawal.

1217 (c) Upon the enactment of a statute withdrawing from this

1218 compact, a state shall immediately provide notice of such

1219 withdrawal to all licensees within that state. Notwithstanding

1220 any subsequent statutory enactment to the contrary, such

1221 withdrawing state shall continue to recognize all licenses

1222 granted pursuant to this compact for a minimum of 180 days after

1223 the date of such notice of withdrawal.

1224 (4) This compact does not invalidate or prevent any

1225 licensure agreement or other cooperative arrangement between a

1226 member state and a nonmember state that does not conflict with

1227 the provisions of this compact.

1228 (5) This compact may be amended by the member states. Any

1229 amendment to this compact is not effective and binding upon any

1230 member state until it is enacted into the laws of all member

1231 states.

1233 ARTICLE XV

1234 CONSTRUCTION AND SEVERABILITY

1236 (1) This compact and the commission's rulemaking authority

1237 shall be liberally construed so as to effectuate the purposes

1238 and the implementation and administration of the compact.

1239 Provisions of the compact expressly authorizing or requiring the

1240 adoption of rules may not be construed to limit the commission's

1241 rulemaking authority solely for those purposes.

1242 (2) The provisions of this compact shall be severable and

1243 if any phrase, clause, sentence, or provision of this compact is

1244 held by a court of competent jurisdiction to be contrary to the

1245 constitution of any member state, a state seeking participation

1246 in the compact, or of the United states, or the application

1247 thereof to any government, agency, person, or circumstance is

1248 held to be unconstitutional by a court of competent

1249 jurisdiction, the validity of the remainder of this compact and

1250 the applicability thereof to any other government, agency,

1251 person, or circumstance may not be affected thereby.

1252 (3) Notwithstanding subsection (2), the commission may

1253 deny a state's participation in the compact or, in accordance

1254 with the requirements of subsection (3) of Article XIII,

1255 terminate a member state's participation in the compact, if it

1256 determines that a constitutional requirement of a member state

1257 is a material departure from the compact. Otherwise, if this

1258 compact shall be held to be contrary to the constitution of any

1259 member state, the compact shall remain in full force and effect

1260 as to the remaining member states and in full force and effect

1261 as to the member state affected as to all severable matters.

1263 ARTICLE XVI

1264 CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS

1266 (1) A licensee providing services in a remote state under

1267 a multistate authorization to practice shall adhere to the laws

1268 and regulations, including laws, regulations, and applicable

1269 standards, of the remote state where the client is located at

1270 the time care is rendered.

1271 (2) Nothing herein shall prevent or inhibit the

1272 enforcement of any other law of a member state that is not

1273 inconsistent with the compact.

1274 (3) Any laws, statutes, regulations, or other legal

1275 requirements in a member state in conflict with the compact are

1276 superseded to the extent of the conflict.

1277 (4) All permissible agreements between the commission and

1278 the member states are binding in accordance with their terms.

1279 Section 2. Subsection (10) of section 456.073, Florida Statutes, is amended to read:

1281 456.073 Disciplinary proceedings.—Disciplinary proceedings

1282 for each board shall be within the jurisdiction of the

1283 department.

1284 (10)(a) The complaint and all information obtained

1285 pursuant to the investigation by the department are confidential

1286 and exempt from s. 119.07(1) until 10 days after probable cause

1287 has been found to exist by the probable cause panel or by the

1288 department, or until the regulated professional or subject of

1289 the investigation waives his or her privilege of

1290 confidentiality, whichever occurs first.

1291 (b) The department shall report any significant

1292 investigative ~~investigation~~ information relating to a nurse

1293 holding a multistate license to the coordinated licensure

1294 information system pursuant to s. 464.0095; any investigative

1295 information relating to an audiologist or a speech-language

1296 pathologist holding a compact privilege under the Audiology and

1297 Speech-Language Pathology Interstate Compact to the data system

1298 pursuant to s. 468.1335; any investigative information relating

1299 to a physical therapist or physical therapist assistant holding

1300 a compact privilege under the Physical Therapy Licensure Compact

1301 to the data system pursuant to s. 486.112; any investigative

1302 ~~significant investigatory~~ information relating to a psychologist

1303 practicing under the Psychology Interjurisdictional Compact to

1304 the coordinated licensure information system pursuant to s.

1305 490.0075; ~~and~~ any significant investigative ~~investigatory~~

1306 information relating to a health care practitioner practicing

1307 under the Professional Counselors Licensure Compact to the data

1308 system pursuant to s. 491.017; and any investigative information

1309 relating to a clinical social worker practicing under the Social

1310 Work Licensure Interstate Compact to the data system pursuant to

1311 s. 491.022.

1312 (c) Upon completion of the investigation and a

1313 recommendation by the department to find probable cause, and

1314 pursuant to a written request by the subject or the subject's

1315 attorney, the department shall provide the subject an

1316 opportunity to inspect the investigative file or, at the

1317 subject's expense, forward to the subject a copy of the

1318 investigative file. Notwithstanding s. 456.057, the subject may

1319 inspect or receive a copy of any expert witness report or

1320 patient record connected with the investigation if the subject

1321 agrees in writing to maintain the confidentiality of any

1322 information received under this subsection until 10 days after

1323 probable cause is found and to maintain the confidentiality of

1324 patient records pursuant to s. 456.057. The subject may file a

1325 written response to the information contained in the

1326 investigative file. Such response must be filed within 20 days

1327 after of mailing by the department, unless an extension of time

1328 has been granted by the department.

1329 (d) This subsection does not prohibit the department from

1330 providing the complaint and any information obtained pursuant to

1331 the department's investigation to any law enforcement agency or

1332 to any other regulatory agency.

1333 Section 3. Subsection (5) of section 456.076, Florida

1334 Statutes, is amended to read:

1335 456.076 Impaired practitioner programs.—

1336 (5) A consultant shall enter into a participant contract

1337 with an impaired practitioner and shall establish the terms of

1338 monitoring and shall include the terms in a participant

1339 contract. In establishing the terms of monitoring, the

1340 consultant may consider the recommendations of one or more

1341 approved evaluators, treatment programs, or treatment providers.

1342 A consultant may modify the terms of monitoring if the

1343 consultant concludes, through the course of monitoring, that

1344 extended, additional, or amended terms of monitoring are

1345 required for the protection of the health, safety, and welfare

1346 of the public. If the impaired practitioner is an audiologist or

1347 a speech-language pathologist practicing under the Audiology and

1348 Speech-Language Pathology Interstate Compact pursuant to s.

1349 468.1335, a physical therapist or physical therapist assistant

1350 practicing under the Physical Therapy Licensure Compact pursuant

1351 to s. 486.112, a psychologist practicing under the Psychology

1352 Interjurisdictional Compact pursuant to s. 490.0075, or a health

1353 care practitioner practicing under the Professional Counselors

1354 Licensure Compact pursuant to s. 491.017, or a clinical social

1355 worker practicing under the Social Work Licensure Interstate

1356 Compact pursuant to s. 491.022, the terms of the monitoring

1357 contract must include the impaired practitioner's withdrawal

1358 from all practice under the compact unless authorized by a

1359 member state.

1360 Section 4. Subsection (9) is added to section 491.004,

1361 Florida Statutes, to read:

1362 491.004 Board of Clinical Social Work, Marriage and Family

1363 Therapy, and Mental Health Counseling.—

1364 (9) The board shall appoint an individual to serve as the

1365 state's delegate on the Social Work Licensure Compact

1366 Commission, as required under s. 491.022.

1367 Section 5. Subsection (6) of section 491.005, Florida

1368 Statutes, is amended to read:

1369 491.005 Licensure by examination.—

1370 (6) EXEMPTIONS ~~EXEMPTION.—~~

1371 (a) A person licensed as a clinical social worker,

1372 marriage and family therapist, or mental health counselor in

1373 another state who is practicing under the Professional

1374 Counselors Licensure Compact pursuant to s. 491.017, and only

1375 within the scope provided therein, is exempt from the licensure

1376 requirements of this section, as applicable.

1377 (b) A person licensed as a clinical social worker in

1378 another state who is practicing under the Social Work Licensure

1379 Interstate Compact pursuant to s. 491.022, and only within the

1380 scope provided therein, is exempt from the licensure

1381 requirements of this section, as applicable.

1382 Section 6. Subsection (4) is added to section 491.006,

1383 Florida Statutes, to read:

1384 491.006 Licensure or certification by endorsement.—

1385 (4) A person licensed as a clinical social worker in

1386 another state who is practicing under the Social Work Licensure

1387 Interstate Compact pursuant to s. 491.022, and only within the

1388 scope provided therein, is exempt from the licensure

1389 requirements of this section, as applicable. Section 7. Subsection (1) of section 491.009, Florida

1391 Statutes, is amended, and paragraph (c) is added to subsection

1392 (2) of that section, to read:

1393 491.009 Discipline.—

1394 (1) The following acts constitute grounds for denial of a

1395 license or disciplinary action, as specified in s. 456.072(2),

1396 or s. 491.017, or s. 491.022:

1397 (a) Attempting to obtain, obtaining, or renewing a

1398 license, registration, or certificate under this chapter by

1399 bribery or fraudulent misrepresentation or through an error of

1400 the board or the department.

1401 (b) Having a license, registration, or certificate to

1402 practice a comparable profession revoked, suspended, or

1403 otherwise acted against, including the denial of certification

1404 or licensure by another state, territory, or country.

1405 (c) Being convicted or found guilty of, regardless of

1406 adjudication, or having entered a plea of nolo contendere to, a

1407 crime in any jurisdiction which directly relates to the practice

1408 of his or her profession or the ability to practice his or her

1409 profession. However, in the case of a plea of nolo contendere,

1410 the board shall allow the person who is the subject of the

1411 disciplinary proceeding to present evidence in mitigation

1412 relevant to the underlying charges and circumstances surrounding

1413 the plea.

1414 (d) False, deceptive, or misleading advertising or

1415 obtaining a fee or other thing of value on the representation

1416 that beneficial results from any treatment will be guaranteed.

1417 (e) Advertising, practicing, or attempting to practice

1418 under a name other than one's own.

1419 (f) Maintaining a professional association with any person

1420 who the applicant, licensee, registered intern, or

1421 certificateholder knows, or has reason to believe, is in

1422 violation of this chapter or of a rule of the department or the

1423 board.

1424 (g) Knowingly aiding, assisting, procuring, or advising

1425 any nonlicensed, nonregistered, or noncertified person to hold

1426 himself or herself out as licensed, registered, or certified

1427 under this chapter.

1428 (h) Failing to perform any statutory or legal obligation

1429 placed upon a person licensed, registered, or certified under

1430 this chapter.

1431 (i) Willfully making or filing a false report or record;

1432 failing to file a report or record required by state or federal

1433 law; willfully impeding or obstructing the filing of a report or

1434 record; or inducing another person to make or file a false

1435 report or record or to impede or obstruct the filing of a report

1436 or record. Such report or record includes only a report or

1437 record which requires the signature of a person licensed,

1438 registered, or certified under this chapter.

1439 (j) Paying a kickback, rebate, bonus, or other

1440 remuneration for receiving a patient or client, or receiving a

1441 kickback, rebate, bonus, or other remuneration for referring a

1442 patient or client to another provider of mental health care

1443 services or to a provider of health care services or goods;

1444 referring a patient or client to oneself for services on a fee-

1445 paid basis when those services are already being paid for by

1446 some other public or private entity; or entering into a

1447 reciprocal referral agreement.

1448 (k) Committing any act upon a patient or client which

1449 would constitute sexual battery or which would constitute sexual

1450 misconduct as defined pursuant to s. 491.0111.

1451 (l) Making misleading, deceptive, untrue, or fraudulent

1452 representations in the practice of any profession licensed,

1453 registered, or certified under this chapter.

1454 (m) Soliciting patients or clients personally, or through

1455 an agent, through the use of fraud, intimidation, undue

1456 influence, or a form of overreaching or vexatious conduct.

1457 (n) Failing to make available to a patient or client, upon

1458 written request, copies of tests, reports, or documents in the

1459 possession or under the control of the licensee, registered

1460 intern, or certificateholder which have been prepared for and

1461 paid for by the patient or client.

1462 (o) Failing to respond within 30 days to a written

1463 communication from the department or the board concerning any

1464 investigation by the department or the board, or failing to make

1465 available any relevant records with respect to any investigation

1466 about the licensee's, registered intern's, or

1467 certificateholder's conduct or background.

1468 (p) Being unable to practice the profession for which he

1469 or she is licensed, registered, or certified under this chapter

1470 with reasonable skill or competence as a result of any mental or

1471 physical condition or by reason of illness; drunkenness; or

1472 excessive use of drugs, narcotics, chemicals, or any other

1473 substance. In enforcing this paragraph, upon a finding by the

1474 State Surgeon General, the State Surgeon General's designee, or

1475 the board that probable cause exists to believe that the

1476 licensee, registered intern, or certificateholder is unable to

1477 practice the profession because of the reasons stated in this

1478 paragraph, the department shall have the authority to compel a

1479 licensee, registered intern, or certificateholder to submit to a

1480 mental or physical examination by psychologists, physicians, or

1481 other licensees under this chapter, designated by the department

1482 or board. If the licensee, registered intern, or

1483 certificateholder refuses to comply with such order, the

1484 department's order directing the examination may be enforced by

1485 filing a petition for enforcement in the circuit court in the

1486 circuit in which the licensee, registered intern, or

1487 certificateholder resides or does business. The licensee,

1488 registered intern, or certificateholder against whom the

1489 petition is filed may not be named or identified by initials in

1490 any public court records or documents, and the proceedings shall

1491 be closed to the public. The department shall be entitled to the

1492 summary procedure provided in s. 51.011. A licensee, registered

1493 intern, or certificateholder affected under this paragraph shall

1494 at reasonable intervals be afforded an opportunity to

1495 demonstrate that he or she can resume the competent practice for

1496 which he or she is licensed, registered, or certified with

1497 reasonable skill and safety to patients.

1498 (q) Performing any treatment or prescribing any therapy

1499 which, by the prevailing standards of the mental health

1500 professions in the community, would constitute experimentation

1501 on human subjects, without first obtaining full, informed, and

1502 written consent.

1503 (r) Failing to meet the minimum standards of performance

1504 in professional activities when measured against generally

1505 prevailing peer performance, including the undertaking of

1506 activities for which the licensee, registered intern, or

1507 certificateholder is not qualified by training or experience.

1508 (s) Delegating professional responsibilities to a person

1509 who the licensee, registered intern, or certificateholder knows

1510 or has reason to know is not qualified by training or experience

1511 to perform such responsibilities.

1512 (t) Violating a rule relating to the regulation of the

1513 profession or a lawful order of the department or the board

1514 previously entered in a disciplinary hearing.

1515 (u) Failure of the licensee, registered intern, or

1516 certificateholder to maintain in confidence a communication made

1517 by a patient or client in the context of such services, except

1518 as provided in s. 491.0147.

1519 (v) Making public statements which are derived from test

1520 data, client contacts, or behavioral research and which identify

1521 or damage research subjects or clients.

1522 (w) Violating any provision of this chapter or chapter

1523 456, or any rules adopted pursuant thereto.

1524 (2)

1525 (c) The board may take adverse action against a clinical

1526 social worker's privilege to practice under the Social Work

1527 Licensure Interstate Compact pursuant to s. 491.022 and may

1528 impose any of the penalties in s. 456.072(2) if the clinical

1529 social worker commits an act specified in subsection (1) or s.

1530 456.072(1).

1531 Section 8. Paragraph (m) is added subsection (10) of

1532 section 768.28, Florida Statutes, to read:

1533 768.28 Waiver of sovereign immunity in tort actions;

1534 recovery limits; civil liability for damages caused during a

1535 riot; limitation on attorney fees; statute of limitations;

1536 exclusions; indemnification; risk management programs.—

1537 (10)

1538 (m) For purposes of this section, the individual appointed

1539 under s. 491.004(9) as the state's delegate on the Social Work

1540 Licensure Compact Commission, pursuant to s. 491.022, and any

1541 administrator, officer, executive director, employee, or

1542 representative of the commission, when acting within the scope

1543 of his or her employment, duties, or responsibilities in this

1544 state, is considered an agent of the state. The commission shall

1545 pay any claims or judgments pursuant to this section and may

1546 maintain insurance coverage to pay any such claims or judgments.

1547 Section 9. This act shall take effect July 1, 2026.