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October 17, 2025
Nyasha Smith, Secretary
Council of the District of Columbia
1350 Pennsylvania Ave NW
Washington, DC 20004
Dear Secretary Smith,
Today, I am introducing the Interstate Social Work Licensure Compact Act of 2025. Please find
enclosed a signed copy of the legislation, which is co-introduced by Councilmembers Anita
Bonds, Brooke Pinto, and Trayon White, Sr.
The importance of our social work workforce cannot be overstated. Social workers are essential
partners in our schools, hospitals, housing programs, and public assistance systems. They help
children, families, and individuals navigate major life transitions - no segment of our school or
human services systems could function effectively without their contributions.
The Interstate Social Work Licensure Compact Act will help alleviate the administrative burden
associated with licensure and strengthen our ability to attract and retain qualified professionals.
The legislation would authorize the District of Columbia to join the national Social Work
Compact, an interstate agreement that allows licensed social workers in participating states and
territories to practice across state lines, either in person or via telehealth, without obtaining
multiple state licenses.
Under current law, D.C. licensed social workers cannot provide services to clients located in
another state, even temporarily, unless they hold a license in that jurisdiction. This creates
barriers to continuity of care for clients who move or travel, including military families, college
students, and federal employees. The Compact, endorsed by the National Association of Social
Workers, addresses this issue by promoting mobility and flexibility within the profession while
maintaining high standards of practice.
This bill adopts the standardized compact language to formally establish D.C. as a “member
state” of the Social Work Licensure Compact. It reduces redundant licensure barriers, supports
workforce mobility for social workers, and enables cross-state telehealth social work, all while
preserving the District’s authority to regulate practice and protect clients. Importantly, the
legislation also preserves the District's recently established alternative licensure pathway, which
allows graduate-level social workers to obtain a local license through supervised practice hours
rather than the national exam. That pathway will still exist for graduate-level students seeking to
practice solely in the District.
I have long been a champion of our social work workforce, and this legislation continues that
commitment. Joining the Social Work Licensure Compact is a common-sense step toward
increasing flexibility and strengthening support for social workers across the District. Please
contact Legislative Assistant Kate Conquest (kconquest@ddccouncil.gov) if you have any
questions about the legislation.
Sincerely,
Robert C. White, Jr.
At-Large Councilmember
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ilmember Anita Bonds Councilmember Robert C. White, Jr. 4
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Councilmember Brooke Pinto Councilmember Trayon White, Sr. 10
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A BILL 15
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 19
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To enter the District of Columbia into the interstate Social Work Licensure Compact; to authorize 24
the Department of Health to issue multistate licenses; to clarify that the District retains the 25
authority to enact and enforce certain laws, regulations, or other rules related to the practice 26
of social work; to clarify that the District retains the authority to take adverse action against 27
a multistate license holder; to establish the Social Work Licensure Compact Commission; 28
to require the Social Work Licensure Compact Commission to develop and utilize a 29
coordinated data system and to promulgate rules for implementation; to require the 30
executive and judicial branches of District government to enforce and implement the Social 31
Work Licensure Compact; to clarify that provisions of the Social Work Licensure Compact 32
are severable; and to require licensees providing services in other jurisdictions adhere to 33
the laws and regulations of the jurisdiction where the client is located. 34
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 36
act may be cited as the “Interstate Social Work Licensure Compact Act of 2025”. 37
Sec. 2. Purpose 38
(a) The purpose of this Compact is to facilitate interstate practice of Regulated Social39
Workers by improving public access to competent Social Work Services. The Compact preserves 40
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the regulatory authority of States to protect public health and safety through the current system of 41
State licensure. This Compact is designed to achieve the following objectives: 42
(1) Increase public access to Social Work Services; 43
(2) Reduce overly burdensome and duplicative requirements associated with 44
holding multiple licenses; 45
(3) Enhance the Member States’ ability to protect the public’s health and safety; 46
(4) Encourage the cooperation of Member States in regulating multistate practice; 47
(5) Promote mobility and address workforce shortages by eliminating the necessity 48
for licenses in multiple States by providing for the mutual recognition of other Member State 49
licenses; 50
(6) Support military families; 51
(7) Facilitate the exchange of licensure and disciplinary information among 52
Member States; 53
(8) Authorize all Member States to hold a Regulated Social Worker accountable for 54
abiding by a Member State’s laws, regulations, and applicable professional standards in the 55
Member State in which the client is located at the time care is rendered; and 56
(9) Allow for the use of telehealth to facilitate increased access to regulated Social 57
Work Services. 58
Sec. 3. Definitions 59
(a) As used in this Compact, and except as otherwise provided, the following definitions 60
shall apply: 61
(1) “Active Military Member” means any individual with full- time duty status in 62
the active armed forces of the United States including members of the National Guard and Reserve. 63
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(2) “Adverse Action” means any administrative, civil, equitable or criminal action 64
permitted by a State’s laws which is imposed by a Licensing Authority or other authority against 65
a Regulated Social Worker, including actions against an individual’s license or Multistate 66
Authorization to Practice such as revocation, suspension, probation, monitoring of the Licensee, 67
limitation on the Licensee’s practice, or any other Encumbrance on licensure affecting a Regulated 68
Social Worker’s authorization to practice, including issuance of a cease and desist action. 69
(3) “Alternative Program” means a non -disciplinary monitoring or practice 70
remediation process approved by a Licensing Authority to address practitioners with an 71
Impairment. 72
(4) “Charter Member States” - Member States who have enacted legislation to 73
adopt this Compact where such legislation predates the effective date of this Compact as described 74
in Section 14. 75
(5) “Compact Commission” or “Commission” means the government agency 76
whose membership consists of all States that have enacted this Compact, which is known as the 77
Social Work Licensure Compact Commission, as described in Section 10, and which shall operate 78
as an instrumentality of the Member States. 79
(6) “Current Significant Investigative Information” means: 80
(A) Investigative information that a Licensing Authority, after a preliminary 81
inquiry that includes notification and an opportunity for the Regulated Social Worker to respond 82
has reason to believe is not groundless and, if proved true, would indicate more than a minor 83
infraction as may be defined by the Commission; or 84
(B) Investigative information that indicates that the Regulated Social 85
Worker represents an immediate threat to public health and safety, as may be defined by the 86
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Commission, regardless of whether the Regulated Social Worker has been notified and has had an 87
opportunity to respond. 88
(7) “Data System” means a repository of information about Licensees, including, 89
continuing education, examination, licensure, Current Significant Investigative Information, 90
Disqualifying Event, Multistate License(s) and Adverse Action information or other information 91
as required by the Commission. 92
(8) “Disqualifying Event” means any Adverse Action or incident which results in 93
an Encumbrance that disqualifies or makes the Licensee ineligible to either obtain, retain or renew 94
a Multistate License. 95
(9) “Domicile” means the jurisdiction in which the Licensee resides and intends to 96
remain indefinitely. 97
(10) “Encumbrance” means a revocation or suspension of, or any limitation on, the 98
full and unrestricted practice of Social Work licensed and regulated by a Licensing Authority. 99
(11) “Executive Committee” means a group of delegates elected or appointed to act 100
on behalf of, and within the powers granted to them by, the compact and Commission. 101
(12) “Home State” means the Member State that is the Licensee’s primary 102
Domicile. 103
(13) “Impairment” means a condition(s) that may impair a practitioner’s ability to 104
engage in full and unrestricted practice as a Regulated Social Worker without some type of 105
intervention and may include alcohol and drug dependence, mental health impairment, and 106
neurological or physical impairments. 107
(14) “Licensee(s)” means an individual who currently holds a license from a State 108
to practice as a Regulated Social Worker. 109
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(15) “Licensing Authority” means the board or agency of a Member State, or 110
equivalent, that is responsible for the licensing and regulation of Regulated Social Workers. 111
(16) “Member State” means a state, commonwealth, district, or territory of the 112
United States of America that has enacted this Compact. 113
(17) “Multistate Authorization to Practice” means a legally authorized privilege to 114
practice, which is equivalent to a license, associated with a Multistate License permitting the 115
practice of Social Work in a Remote State. 116
(18) “Multistate License” means a license to practice as a Regulated Social Worker 117
issued by a Home State Licensing Authority that authorizes the Regulated Social Worker to 118
practice in all Member States under Multistate Authorization to Practice. 119
(19) “Qualifying National Exam” means a national licensing examination approved 120
by the Commission. 121
(20) “Regulated Social Worker” means any clinical, master’s or bachelor’s Social 122
Worker licensed by a Member State regardless of the title used by that Member State. 123
(21) “Remote State” means a Member State other than the Licensee’s Home State. 124
(22) “Rule(s)” or “Rule(s) of the Commission” means a regulation or regulations 125
duly promulgated by the Commission, as authorized by the Compact, that has the force of law. 126
(23) “Single State License” means a Social Work license issued by any State that 127
authorizes practice only within the issuing State and does not include Multistate Authorization to 128
Practice in any Member State. 129
(24) “Social Work” or “Social Work Services” means the application of social work 130
theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, 131
psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, 132
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organizations, and communities through the care and services provided by a Regulated Social 133
Worker as set forth in the Member State’s statutes and regulations in the State where the services 134
are being provided. 135
(25) “State” means any state, commonwealth, district, or territory of the United 136
States of America that regulates the practice of Social Work. 137
(26) “Unencumbered License” means a license that authorizes a Regulated Social 138
Worker to engage in the full and unrestricted practice of Social Work. 139
Sec. 4. State participation in the Compact 140
(a) To be eligible to participate in the compact, a potential Member State must currently 141
meet all of the following criteria: 142
(1) License and regulate the practice of Social Work at either the clinical, master’s, 143
or bachelor’s category. 144
(2) Require applicants for licensure to graduate from a program that is: 145
(A) Operated by a college or university recognized by the Licensing 146
Authority; 147
(B) Accredited, or in candidacy by an institution that subsequently becomes 148
accredited, by an accrediting agency recognized by either: 149
(i) the Council for Higher Education Accreditation, or its successor; 150
or 151
(ii) the United States Department of Education; and 152
(C) Corresponds to the licensure sought as outlined in Section 4. 153
(3) Require applicants for clinical licensure to complete a period of supervised 154
practice. 155
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(4) Have a mechanism in place for receiving, investigating, and adjudicating 156
complaints about Licensees. 157
(b) To maintain membership in the Compact a Member State shall: 158
(1) Require that applicants for a Multistate License pass a Qualifying National 159
Exam for the corresponding category of Multistate License sought as outlined in Section 4. 160
(2) Participate fully in the Commission’s Data System, including using the 161
Commission’s unique identifier as defined in Rules; 162
(3) Notify the Commission, in compliance with the terms of the Compact and Rules, 163
of any Adverse Action or the availability of Current Significant Investigative Information 164
regarding a Licensee; 165
(4) Implement procedures for considering the criminal history records of applicants 166
for a Multistate License. Such procedures shall include the submission of fingerprints or other 167
biometric-based information by applicants for the purpose of obtaining an applicant’s criminal 168
history record information from the Federal Bureau of Investigation and the agency responsible 169
for retaining that State’s criminal records. 170
(5) Comply with the Rules of the Commission; 171
(6) Require an applicant to obtain or retain a license in the Home State and meet 172
the Home State’s qualifications for licensure or renewal of licensure, as well as all other applicable 173
Home State laws; 174
(7) Authorize a Licensee holding a Multistate License in any Member State to 175
practice in accordance with the terms of the Compact and Rules of the Commission; and 176
(8) Designate a delegate to participate in the Commission meetings. 177
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(c) A Member State meeting the requirements of Section 3.A. and 3.B of this Compact 178
shall designate the categories of Social Work licensure that are eligible for issuance of a Multistate 179
License for applicants in such Member State. To the extent that any Member State does not meet 180
the requirements for participation in the Compact at any particular category of Social Work 181
licensure, such Member State may choose, but is not obligated to, issue a Multistate License to 182
applicants that otherwise meet the requirements of Section 4 for issuance of a Multistate License 183
in such category or categories of licensure. 184
(d) The Home State may charge a fee for granting the Multistate License. 185
Sec. 5. Social worker participation in the Compact 186
(a) To be eligible for a Multistate License under the terms and provisions of the Compact, 187
an applicant, regardless of category must: 188
(1) Hold or be eligible for an active, Unencumbered License in the Home State; 189
(2) Pay any applicable fees, including any State fee, for the Multistate License; 190
(3) Submit, in connection with an application for a Multistate License, fingerprints 191
or other biometric data for the purpose of obtaining criminal history record information from the 192
Federal Bureau of Investigation and the agency responsible for retaining that State’s criminal 193
records. 194
(4) Notify the Home State of any Adverse Action, Encumbrance, or restriction on 195
any professional license taken by any Member State or non-Member State within 30 days from the 196
date the action is taken. 197
(5) Meet any continuing competence requirements established by the Home State; 198
(6) Abide by the laws, regulations, and applicable standards in the Member State 199
where the client is located at the time care is rendered. 200
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(b) An applicant for a clinical-category Multistate License must meet all of the following 201
requirements: 202
(1) Fulfill a competency requirement, which shall be satisfied by either: 203
(A) Passage of a clinical-category Qualifying National Exam; or 204
(B) Licensure of the applicant in their Home State at the clinical category, 205
beginning prior to such time as a Qualifying National Exam was required by the Home State and 206
accompanied by a period of continuous Social Work licensure thereafter, all of which may be 207
further governed by the Rules of the Commission; or 208
(C) The substantial equivalency of the foregoing competency requirements 209
which the Commission may determine by Rule. 210
(2) Attain at least a master’s degree in Social Work from a program that is: 211
(A) Operated by a college or university recognized by the Licensing 212
Authority; and 213
(B) Accredited, or in candidacy that subsequently becomes accredited, by 214
an accrediting agency recognized by either: 215
(i) the Council for Higher Education Accreditation or its successor; 216
or 217
(ii) the United States Department of Education. 218
(3) Fulfill a practice requirement, which shall be satisfied by demonstrating 219
completion of either: 220
(A) A period of postgraduate supervised clinical practice equal to a 221
minimum of three thousand hours; or 222
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(B) A minimum of two years of full -time postgraduate supervised clinical 223
practice; or 224
(C) The substantial equivalency of the foregoing practice requirements 225
which the Commission may determine by Rule. 226
(c) An applicant for a master’s-category Multistate License must meet all of the following 227
requirements: 228
(1) Fulfill a competency requirement, which shall be satisfied by either: 229
(A) Passage of a masters-category Qualifying National Exam; 230
(B) Licensure of the applicant in their Home State at the master’s category, 231
beginning prior to such time as a Qualifying National Exam was required by the Home State at the 232
master’s category and accompanied by a continuous period of Social Work licensure thereafter, 233
all of which may be further governed by the Rules of the Commission; or 234
(C) The substantial equivalency of the foregoing competency requirements 235
which the Commission may determine by Rule. 236
(2) Attain at least a master’s degree in Social Work from a program that is: 237
(A) Operated by a college or university recognized by the Licensing 238
Authority; and 239
(B) Accredited, or in candidacy that subsequently becomes accredited, by 240
an accrediting agency recognized by either: 241
(i) the Council for Higher Education Accreditation or its successor; 242
or 243
(ii) the United States Department of Education. 244
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(d) An applicant for a bachelor’s -category Multistate License must meet all of the 245
following requirements: 246
(1) Fulfill a competency requirement, which shall be satisfied by either: 247
(A) Passage of a bachelor’s-category Qualifying National Exam; 248
(B) Licensure of the applicant in their Home State at the bachelor’s 249
category, beginning prior to such time as a Qualifying National Exam was required by the Home 250
State and accompanied by a period of continuous Social Work licensure thereafter, all of which 251
may be further governed by the Rules of the Commission; or 252
(C) The substantial equivalency of the foregoing competency requirements 253
which the Commission may determine by Rule. 254
(2) Attain at least a bachelor’s degree in Social Work from a program that is: 255
(A) Operated by a college or university recognized by the Licensing 256
Authority; and 257
(B) Accredited, or in candidacy that subsequently becomes accredited, by 258
an accrediting agency recognized by either: 259
(i) the Council for Higher Education Accreditation or its successor; 260
or 261
(ii) the United States Department of Education. 262
(e) The Multistate License for a Regulated Social Worker is subject to the renewal 263
requirements of the Home State. The Regulated Social Worker must maintain compliance with the 264
requirements of Section 4(A) to be eligible to renew a Multistate License. 265
(f) The Regulated Social Worker’s services in a Remote State are subject to that Member 266
State’s regulatory authority. A Remote State may, in accordance with due process and that Member 267
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State’s laws, remove a Regulated Social Worker’s Multistate Authorization to Practice in the 268
Remote State for a specific period of time, impose fines, and take any other necessary actions to 269
protect the health and safety of its citizens. 270
(g) If a Multistate License is encumbered, the Regulated Social Worker’s Multistate 271
Authorization to Practice shall be deactivated in all Remote States until the Multistate License is 272
no longer encumbered. 273
(h) If a Multistate Authorization to Practice is encumbered in a Remote State, the regulated 274
Social Worker’s Multistate Authorization to Practice may be deactivated in that State until the 275
Multistate Authorization to Practice is no longer encumbered. 276
Sec. 6. Issuance of a multistate license 277
(a) Upon receipt of an application for Multistate License, the Home State Licensing 278
Authority shall determine the applicant’s eligibility for a Multistate License in accordance with 279
Section 4 of this Compact. 280
(b) If such applicant is eligible pursuant to Section 4 of this Compact, the Home State 281
Licensing Authority shall issue a Multistate License that authorizes the applicant or Regulated 282
Social Worker to practice in all Member States under a Multistate Authorization to Practice. 283
(c) Upon issuance of a Multistate License, the Home State Licensing Authority shall 284
designate whether the Regulated Social Worker holds a Multistate License in the Bachelors, 285
Masters, or Clinical category of Social Work. 286
(d) A Multistate License issued by a Home State to a resident in that State shall be 287
recognized by all Compact Member States as authorizing Social Work Practice under a Multistate 288
Authorization to Practice corresponding to each category of licensure regulated in each Member 289
State. 290
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Sec. 7. Authority of interstate compact commission and member state licensing authorities 291
(a) Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit, 292
restrict, or in any way reduce the ability of a Member State to enact and enforce laws, regulations, 293
or other rules related to the practice of Social Work in that State, where those laws, regulations, or 294
other rules are not inconsistent with the provisions of this Compact. 295
(b) Nothing in this Compact shall affect the requirements established by a Member State 296
for the issuance of a Single State License. 297
(c) Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit, 298
restrict, or in any way reduce the ability of a Member State to take Adverse Action against a 299
Licensee’s Single State License to practice Social Work in that State. 300
(d) Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit, 301
restrict, or in any way reduce the ability of a Remote State to take Adverse Action against a 302
Licensee’s Multistate Authorization to Practice in that State. 303
(e) Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit, 304
restrict, or in any way reduce the ability of a Licensee’s Home State to take Adverse Action against 305
a Licensee’s Multistate License based upon information provided by a Remote State. 306
Sec. 8. Reissuance of a multistate license by a new home state 307
(a) A Licensee can hold a Multistate License, issued by their Home State, in only one 308
Member State at any given time. 309
(b) If a Licensee changes their Home State by moving between two Member States: 310
(1) The Licensee shall immediately apply for the reissuance of their Multistate 311
License in their new Home State. The Licensee shall pay all applicable fees and notify the prior 312
Home State in accordance with the Rules of the Commission. 313
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(2) Upon receipt of an application to reissue a Multistate License, the new Home 314
State shall verify that the Multistate License is active, unencumbered and eligible for reissuance 315
under the terms of the Compact and the Rules of the Commission. The Multistate License issued 316
by the prior Home State will be deactivated and all Member States notified in accordance with the 317
applicable Rules adopted by the Commission. 318
(3) Prior to the reissuance of the Multistate License, the new Home State shall 319
conduct procedures for considering the criminal history records of the Licensee. Such procedures 320
shall include the submission of fingerprints or other biometric-based information by applicants for 321
the purpose of obtaining an applicant’s criminal history record information from the Federal 322
Bureau of Investigation and the agency responsible for retaining that State’s criminal records. 323
(4) If required for initial licensure, the new Home State may require completion of 324
jurisprudence requirements in the new Home State. 325
(5) Notwithstanding any other provision of this Compact, if a Licensee does not 326
meet the requirements set forth in this Compact for the reissuance of a Multistate License by the 327
new Home State, then the Licensee shall be subject to the new Home State requirements for the 328
issuance of a Single State License in that State. 329
(c) If a Licensee changes their primary State of residence by moving from a Member State 330
to a non-Member State, or from a non- Member State to a Member State, then the Licensee shall 331
be subject to the State requirements for the issuance of a Single State License in the new Home 332
State. 333
(d) Nothing in this Compact shall interfere with a Licensee’s ability to hold a Single State 334
License in multiple States; however, for the purposes of this Compact, a Licensee shall have only 335
one Home State, and only one Multistate License. 336
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(e) Nothing in this Compact shall interfere with the requirements established by a Member 337
State for the issuance of a Single State License. 338
Sec. 9. Military families 339
(a) An Active Military Member or their spouse shall designate a Home State where the 340
individual has a Multistate License. The individual may retain their Home State designation during 341
the period the service member is on active duty. 342
Sec. 10. Adverse actions 343
(a) In addition to the other powers conferred by State law, a Remote State shall have the 344
authority, in accordance with existing State due process law, to: 345
(1) Take Adverse Action against a Regulated Social Worker’s Multistate 346
Authorization to Practice only within that Member State, and issue subpoenas for both hearings 347
and investigations that require the attendance and testimony of witnesses as well as the production 348
of evidence. Subpoenas issued by a Licensing Authority in a Member State for the attendance and 349
testimony of witnesses or the production of evidence from another Member State shall be enforced 350
in the latter State by any court of competent jurisdiction, according to the practice and procedure 351
of that court applicable to subpoenas issued in proceedings pending before it. The issuing 352
Licensing Authority shall pay any witness fees, travel expenses, mileage, and other fees required 353
by the service statutes of the State in which the witnesses or evidence are located. 354
(2) Only the Home State shall have the power to take Adverse Action against a 355
Regulated Social Worker’s Multistate License. 356
(b) For purposes of taking Adverse Action, the Home State shall give the same priority and 357
effect to reported conduct received from a Member State as it would if the conduct had occurred 358
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within the Home State. In so doing, the Home State shall apply its own State laws to determine 359
appropriate action. 360
(c) The Home State shall complete any pending investigations of a Regulated Social 361
Worker who changes their Home State during the course of the investigations. The Home State 362
shall also have the authority to take appropriate action(s) and shall promptly report the conclusions 363
of the investigations to the administrator of the Data System. The administrator of the Data System 364
shall promptly notify the new Home State of any Adverse Actions. 365
(d) A Member State, if otherwise permitted by State law, may recover from the affected 366
Regulated Social Worker the costs of investigations and dispositions of cases resulting from any 367
Adverse Action taken against that Regulated Social Worker. 368
(e) A Member State may take Adverse Action based on the factual findings of another 369
Member State, provided that the Member State follows its own procedures for taking the Adverse 370
Action. 371
(f) Joint Investigations: 372
(1) In addition to the authority granted to a Member State by its respective Social 373
Work practice act or other applicable State law, any Member State may participate with other 374
Member States in joint investigations of Licensees. 375
(2) Member States shall share any investigative, litigation, or compliance materials 376
in furtherance of any joint or individual investigation initiated under the Compact. 377
(g) If Adverse Action is taken by the Home State against the Multistate License of a 378
Regulated Social Worker, the Regulated Social Worker’s Multistate Authorization to Practice in 379
all other Member States shall be deactivated until all Encumbrances have been removed from the 380
Multistate License. All Home State disciplinary orders that impose Adverse Action against the 381
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license of a Regulated Social Worker shall include a statement that the Regulated Social Worker’s 382
Multistate Authorization to Practice is deactivated in all Member States until all conditions of the 383
decision, order or agreement are satisfied. 384
(h) If a Member State takes Adverse Action, it shall promptly notify the administrator of 385
the Data System. The administrator of the Data System shall promptly notify the Home State and 386
all other Member State’s of any Adverse Actions by Remote States. 387
(i) Nothing in this Compact shall override a Member State’s decision that participation in 388
an Alternative Program may be used in lieu of Adverse Action. 389
(j) Nothing in this Compact shall authorize a Member State to demand the issuance of 390
subpoenas for attendance and testimony of witnesses or the production of evidence from another 391
Member State for lawful actions within that Member State. 392
(k) Nothing in this Compact shall authorize a Member State to impose discipline against a 393
Regulated Social Worker who holds a Multistate Authorization to Practice for lawful actions 394
within another Member State. 395
Sec. 11. Establishment of a social work licensure compact commission 396
(a) The Compact Member States hereby create and establish a joint government agency 397
whose membership consists of all Member States that have enacted the compact known as the 398
Social Work Licensure Compact Commission. The Commission is an instrumentality of the 399
Compact States acting jointly and not an instrumentality of any one State. The Commission shall 400
come into existence on or after the effective date of the Compact as set forth in Section 14. 401
(b) Membership, Voting, and Meetings 402
(1) Each Member State shall have and be limited to one (1) delegate selected by 403
that Member State’s State Licensing Authority. 404
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(2) The delegate shall be either: 405
(A) A current member of the State Licensing Authority at the time of 406
appointment, who is a Regulated Social Worker or public member of the State Licensing 407
Authority; or 408
(B) An administrator of the State Licensing Authority or their designee. 409
(3) The Commission shall by Rule or bylaw establish a term of office for delegates 410
and may by Rule or bylaw establish term limits. 411
(4) The Commission may recommend removal or suspension any delegate from 412
office. 413
(5) A Member State’s State Licensing Authority shall fill any vacancy of its 414
delegate occurring on the Commission within 60 days of the vacancy. 415
(6) Each delegate shall be entitled to one vote on all matters before the Commission 416
requiring a vote by Commission delegates. 417
(7) A delegate shall vote in person or by such other means as provided in the 418
bylaws. The bylaws may provide for delegates to meet by telecommunication, videoconference, 419
or other means of communication. 420
(8) The Commission shall meet at least once during each calendar year. Additional 421
meetings may be held as set forth in the bylaws. The Commission may meet by telecommunication, 422
video conference or other similar electronic means. 423
(c) The Commission shall have the following powers: 424
(1) Establish the fiscal year of the Commission; 425
(2) Establish code of conduct and conflict of interest policies; 426
(3) Establish and amend Rules and bylaws; 427
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(4) Maintain its financial records in accordance with the bylaws; 428
(5) Meet and take such actions as are consistent with the provisions of this Compact, 429
the Commission’s Rules, and the bylaws; 430
(6) Initiate and conclude legal proceedings or actions in the name of the 431
Commission, provided that the standing of any State Licensing Board to sue or be sued under 432
applicable law shall not be affected; 433
(7) Maintain and certify records and information provided to a Member State as the 434
authenticated business records of the Commission, and designate an agent to do so on the 435
Commission's behalf; 436
(8) Purchase and maintain insurance and bonds; 437
(9) Borrow, accept, or contract for services of personnel, including, but not limited 438
to, employees of a Member State; 439
(10) Conduct an annual financial review 440
(11) Hire employees, elect or appoint officers, fix compensation, define duties, 441
grant such individuals appropriate authority to carry out the purposes of the Compact, and establish 442
the Commission’s personnel policies and programs relating to conflicts of interest, qualifications 443
of personnel, and other related personnel matters; 444
(12) Assess and collect fees; 445
(13) Accept any and all appropriate gifts, donations, grants of money, other sources 446
of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the 447
same; provided that at all times the Commission shall avoid any appearance of impropriety or 448
conflict of interest; 449
20
(14) Lease, purchase, retain, own, hold, improve, or use any property, real, 450
personal, or mixed, or any undivided interest therein; 451
(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 452
dispose of any property real, personal, or mixed; 453
(16) Establish a budget and make expenditures; 454
(17) Borrow money; 455
(18) Appoint committees, including standing committees, composed of members, 456
State regulators, State legislators or their representatives, and consumer representatives, and such 457
other interested persons as may be designated in this Compact and the bylaws; 458
(19) Provide and receive information from, and cooperate with, law enforcement 459
agencies; 460
(20) Establish and elect an Executive Committee, including a chair and a vice chair; 461
(21) Determine whether a State’s adopted language is materially different from the 462
model compact language such that the State would not qualify for participation in the Compact; 463
and 464
(22) Perform such other functions as may be necessary or appropriate to achieve 465
the purposes of this Compact. 466
(d) The Executive Committee 467
(1) The Executive Committee shall have the power to act on behalf of the 468
Commission according to the terms of this Compact. The powers, duties, and responsibilities of 469
the Executive Committee shall include: 470
21
(A) Oversee the day-to-day activities of the administration of the compact 471
including enforcement and compliance with the provisions of the compact, its Rules and bylaws, 472
and other such duties as deemed necessary; 473
(B) Recommend to the Commission changes to the Rules or bylaws, 474
changes to this Compact legislation, fees charged to Compact Member States, fees charged to 475
Licensees, and other fees; 476
(C) Ensure Compact administration services are appropriately provided, 477
including by contract; 478
(D) Prepare and recommend the budget; 479
(E) Maintain financial records on behalf of the Commission; 480
(F) Monitor Compact compliance of Member States and provide 481
compliance reports to the Commission; 482
(G) Establish additional committees as necessary; 483
(H) Exercise the powers and duties of the Commission during the interim 484
between Commission meetings, except for adopting or amending Rules, adopting or amending 485
bylaws, and exercising any other powers and duties expressly reserved to the Commission by Rule 486
or bylaw; and 487
(I) Other duties as provided in the Rules or bylaws of the Commission. 488
(2) The Executive Committee shall be composed of up to eleven (11) members: 489
(A) The chair and vice chair of the Commission shall be voting members of 490
the Executive Committee; and 491
(B) The Commission shall elect five voting members from the current 492
membership of the Commission. 493
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(C) Up to four (4) ex-officio, nonvoting members from four (4) recognized 494
national Social Work organizations. 495
(D) The ex -officio members will be selected by their respective 496
organizations. 497
(3) The Commission may remove any member of the Executive Committee as 498
provided in the Commission’s bylaws. 499
(4) The Executive Committee shall meet at least annually. 500
(A) Executive Committee meetings shall be open to the public, except that 501
the Executive Committee may meet in a closed, non-public meeting as provided in subsection F.2 502
below. 503
(B) The Executive Committee shall give seven (7) days’ notice of its 504
meetings, posted on its website and as determined to provide notice to persons with an interest in 505
the business of the Commission. 506
(C) The Executive Committee may hold a special meeting in accordance with 507
subsection F.1.b. below. 508
(e) The Commission shall adopt and provide to the Member States an annual report. 509
(f) Meetings of the Commission 510
(1) All meetings shall be open to the public, except that the Commission may meet 511
in a closed, non-public meeting as provided in subsection F.2 below. 512
(A) Public notice for all meetings of the full Commission of meetings shall 513
be given in the same manner as required under the Rulemaking provisions in Section 12, except 514
that the Commission may hold a special meeting as provided in subsection F.1.b below. 515
23
(B) The Commission may hold a special meeting when it must meet to 516
conduct emergency business by giving 48 hours’ notice to all commissioners, on the Commission’s 517
website, and other means as provided in the Commission’s Rules. The Commission’s legal counsel 518
shall certify that the Commission’s need to meet qualifies as an emergency. 519
(2) The Commission or the Executive Committee or other committees of the 520
Commission may convene in a closed, non- public meeting for the Commission or Executive 521
Committee or other committees of the Commission to receive legal advice or to discuss: 522
(A) Non-compliance of a Member State with its obligations under the 523
Compact; 524
(B) The employment, compensation, discipline or other matters, practices 525
or procedures related to specific employees; 526
(C) Current or threatened discipline of a Licensee by the Commission or by 527
a Member State’s Licensing Authority; 528
(D) Current, threatened, or reasonably anticipated litigation; 529
(E) Negotiation of contracts for the purchase, lease, or sale of goods, 530
services, or real estate; 531
(F) Accusing any person of a crime or formally censuring any person; 532
(G) Trade secrets or commercial or financial information that is privileged 533
or confidential; 534
(H) Information of a personal nature where disclosure would constitute a 535
clearly unwarranted invasion of personal privacy; 536
(I) Investigative records compiled for law enforcement purposes; 537
24
(J) Information related to any investigative reports prepared by or on behalf 538
of or for use of the Commission or other committee charged with responsibility of investigation or 539
determination of compliance issues pursuant to the Compact; 540
(K) Matters specifically exempted from disclosure by federal or Member 541
State law; or 542
(L) Other matters as promulgated by the Commission by Rule. 543
(3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state 544
that the meeting will be closed and reference each relevant exempting provision, and such 545
reference shall be recorded in the minutes. 546
(4) The Commission shall keep minutes that fully and clearly describe all matters 547
discussed in a meeting and shall provide a full and accurate summary of actions taken, and the 548
reasons therefore, including a description of the views expressed. All documents considered in 549
connection with an action shall be identified in such minutes. All minutes and documents of a 550
closed meeting shall remain under seal, subject to release only by a majority vote of the 551
Commission or order of a court of competent jurisdiction. 552
(g) Financing of the Commission 553
(1) The Commission shall pay, or provide for the payment of, the reasonable 554
expenses of its establishment, organization, and ongoing activities. 555
(2) The Commission may accept any and all appropriate revenue sources as 556
provided in subsection C(13). 557
(3) The Commission may levy on and collect an annual assessment from each 558
Member State and impose fees on Licensees of Member States to whom it grants a Multistate 559
License to cover the cost of the operations and activities of the Commission and its staff, which 560
25
must be in a total amount sufficient to cover its annual budget as approved each year for which 561
revenue is not provided by other sources. The aggregate annual assessment amount for Member 562
States shall be allocated based upon a formula that the Commission shall promulgate by Rule. 563
(4) The Commission shall not incur obligations of any kind prior to securing the 564
funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Member 565
States, except by and with the authority of the Member State. 566
(5) The Commission shall keep accurate accounts of all receipts and disbursements. 567
The receipts and disbursements of the Commission shall be subject to the financial review and 568
accounting procedures established under its bylaws. However, all receipts and disbursements of 569
funds handled by the Commission shall be subject to an annual financial review by a certified or 570
licensed public accountant, and the report of the financial review shall be included in and become 571
part of the annual report of the Commission. 572
(h) Qualified Immunity, Defense, and Indemnification 573
(1) The members, officers, executive director, employees and representatives of the 574
Commission shall be immune from suit and liability, both personally and in their official capacity, 575
for any claim for damage to or loss of property or personal injury or other civil liability caused by 576
or arising out of any actual or alleged act, error, or omission that occurred, or that the person 577
against whom the claim is made had a reasonable basis for believing occurred within the scope of 578
Commission employment, duties or responsibilities; provided that nothing in this paragraph shall 579
be construed to protect any such person from suit or liability for any damage, loss, injury, or 580
liability caused by the intentional or willful or wanton misconduct of that person. The procurement 581
of insurance of any type by the Commission shall not in any way compromise or limit the immunity 582
granted hereunder. 583
26
(2) The Commission shall defend any member, officer, executive director, 584
employee, and representative of the Commission in any civil action seeking to impose liability 585
arising out of any actual or alleged act, error, or omission that occurred within the scope of 586
Commission employment, duties, or responsibilities, or as determined by the Commission that the 587
person against whom the claim is made had a reasonable basis for believing occurred within the 588
scope of Commission employment, duties, or responsibilities; provided that nothing herein shall 589
be construed to prohibit that person from retaining their own counsel at their own expense; and 590
provided further, that the actual or alleged act, error, or omission did not result from that person’s 591
intentional or willful or wanton misconduct. 592
(3) The Commission shall indemnify and hold harmless any member, officer, 593
executive director, employee, and representative of the Commission for the amount of any 594
settlement or judgment obtained against that person arising out of any actual or alleged act, error, 595
or omission that occurred within the scope of Commission employment, duties, or responsibilities, 596
or that such person had a reasonable basis for believing occurred within the scope of Commission 597
employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission 598
did not result from the intentional or willful or wanton misconduct of that person. 599
(4) Nothing herein shall be construed as a limitation on the liability of any Licensee 600
for professional malpractice or misconduct, which shall be governed solely by any other applicable 601
State laws. 602
(5) Nothing in this Compact shall be interpreted to waive or otherwise abrogate a 603
Member State’s state action immunity or state action affirmative defense with respect to antitrust 604
claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or 605
anticompetitive law or regulation. 606
27
(6) Nothing in this Compact shall be construed to be a waiver of sovereign 607
immunity by the Member States or by the Commission. 608
Sec. 12. Data system 609
(a) The Commission shall provide for the development, maintenance, operation, and 610
utilization of a coordinated Data System. 611
(b) The Commission shall assign each applicant for a Multistate License a unique identifier, 612
as determined by the Rules of the Commission. 613
(c) Notwithstanding any other provision of State law to the contrary, a Member State shall 614
submit a uniform data set to the Data System on all individuals to whom this Compact is applicable 615
as required by the Rules of the Commission, including: 616
(1) Identifying information; 617
(2) Licensure data; 618
(3) Adverse Actions against a license and information related thereto; 619
(4) Non-confidential information related to Alternative Program participation, the 620
beginning and ending dates of such participation, and other information related to such 621
participation not made confidential under Member State law; 622
(5) Any denial of application for licensure, and the reason(s) for such denial; 623
(6) The presence of Current Significant Investigative Information; and 624
(7) Other information that may facilitate the administration of this Compact or the 625
protection of the public, as determined by the Rules of the Commission. 626
(d) The records and information provided to a Member State pursuant to this Compact or 627
through the Data System, when certified by the Commission or an agent thereof, shall constitute 628
the authenticated business records of the Commission, and shall be entitled to any associated 629
28
hearsay exception in any relevant judicial, quasi -judicial or administrative proceedings in a 630
Member State. 631
(e) Current Significant Investigative Information pertaining to a Licensee in any Member 632
State will only be available to other Member States. 633
(1) It is the responsibility of the Member States to report any Adverse Action 634
against a Licensee and to monitor the database to determine whether Adverse Action has been 635
taken against a Licensee. Adverse Action information pertaining to a Licensee in any Member 636
State will be available to any other Member State. 637
(f) Member States contributing information to the Data System may designate information 638
that may not be shared with the public without the express permission of the contributing State. 639
(g) Any information submitted to the Data System that is subsequently expunged pursuant 640
to federal law or the laws of the Member State contributing the information shall be removed from 641
the Data System. 642
Sec. 13. Rulemaking 643
(a) The Commission shall promulgate reasonable Rules in order to effectively and 644
efficiently implement and administer the purposes and provisions of the Compact. A Rule shall be 645
invalid and have no force or effect only if a court of competent jurisdiction holds that the Rule is 646
invalid because the Commission exercised its rulemaking authority in a manner that is beyond the 647
scope and purposes of the Compact, or the powers granted hereunder, or based upon another 648
applicable standard of review. 649
(b) The Rules of the Commission shall have the force of law in each Member State, 650
provided however that where the Rules of the Commission conflict with the laws of the Member 651
State that establish the Member State’s laws, regulations, and applicable standards that govern the 652
29
practice of Social Work as held by a court of competent jurisdiction, the Rules of the Commission 653
shall be ineffective in that State to the extent of the conflict. 654
(c) The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth 655
in this Section and the Rules adopted thereunder. Rules shall become binding on the day following 656
adoption or the date specified in the rule or amendment, whichever is later. 657
(d) If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule, 658
by enactment of a statute or resolution in the same manner used to adopt the Compact within four 659
(4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect 660
in any Member State. 661
(e) Rules shall be adopted at a regular or special meeting of the Commission. 662
(f) Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and 663
allow persons to provide oral and written comments, data, facts, opinions, and arguments. 664
(g) Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days 665
in advance of the meeting at which the Commission will hold a public hearing on the proposed 666
Rule, the Commission shall provide a Notice of Proposed Rulemaking: 667
(1) On the website of the Commission or other publicly accessible platform; 668
(2) To persons who have requested notice of the Commission’s notices of proposed 669
rulemaking, and 670
(3) In such other way(s) as the Commission may by Rule specify. 671
(h) The Notice of Proposed Rulemaking shall include: 672
(1) The time, date, and location of the public hearing at which the Commission will 673
hear public comments on the proposed Rule and, if different, the time, date, and location of the 674
meeting where the Commission will consider and vote on the proposed Rule; 675
30
(2) If the hearing is held via telecommunication, video conference, or other 676
electronic means, the Commission shall include the mechanism for access to the hearing in the 677
Notice of Proposed Rulemaking; 678
(3) The text of the proposed Rule and the reason therefor; 679
(4) A request for comments on the proposed Rule from any interested person; and 680
(5) The manner in which interested persons may submit written comments. 681
(i) All hearings will be recorded. A copy of the recording and all written comments and 682
documents received by the Commission in response to the proposed Rule shall be available to the 683
public. 684
(j) Nothing in this section shall be construed as requiring a separate hearing on each Rule. 685
Rules may be grouped for the convenience of the Commission at hearings required by this section. 686
(k) The Commission shall, by majority vote of all members, take final action on the 687
proposed Rule based on the Rulemaking record and the full text of the Rule. 688
(1) The Commission may adopt changes to the proposed Rule provided the changes 689
do not enlarge the original purpose of the proposed Rule. 690
(2) The Commission shall provide an explanation of the reasons for substantive 691
changes made to the proposed Rule as well as reasons for substantive changes not made that were 692
recommended by commenters. 693
(3) The Commission shall determine a reasonable effective date for the Rule. 694
Except for an emergency as provided in Section 12.L, the effective date of the rule shall be no 695
sooner than 30 days after issuing the notice that it adopted or amended the Rule. 696
(l) Upon determination that an emergency exists, the Commission may consider and adopt 697
an emergency Rule with 48 hours’ notice, with opportunity to comment, provided that the usual 698
31
Rulemaking procedures provided in the Compact and in this section shall be retroactively applied 699
to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective 700
date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted 701
immediately in order to: 702
(1) Meet an imminent threat to public health, safety, or welfare; 703
(2) Prevent a loss of Commission or Member State funds; 704
(3) Meet a deadline for the promulgation of a Rule that is established by federal law 705
or rule; or 706
(4) Protect public health and safety. 707
(m) The Commission or an authorized committee of the Commission may direct revisions 708
to a previously adopted Rule for purposes of correcting typographical errors, errors in format, 709
errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the 710
website of the Commission. The revision shall be subject to challenge by any person for a period 711
of thirty (30) days after posting. The revision may be challenged only on grounds that the revision 712
results in a material change to a Rule. A challenge shall be made in writing and delivered to the 713
Commission prior to the end of the notice period. If no challenge is made, the revision will take 714
effect without further action. If the revision is challenged, the revision may not take effect without 715
the approval of the Commission. 716
(n) No Member State’s rulemaking requirements shall apply under this compact. 717
Sec. 14. Oversight, dispute resolution, and enforcement 718
(a) Oversight 719
32
(1) The executive and judicial branches of State government in each Member State 720
shall enforce this Compact and take all actions necessary and appropriate to implement the 721
Compact. 722
(2) Except as otherwise provided in this Compact, venue is proper and judicial 723
proceedings by or against the Commission shall be brought solely and exclusively in a court of 724
competent jurisdiction where the principal office of the Commission is located. The Commission 725
may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in 726
alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or 727
propriety of venue in any action against a Licensee for professional malpractice, misconduct or 728
any such similar matter. 729
(3) The Commission shall be entitled to receive service of process in any 730
proceeding regarding the enforcement or interpretation of the Compact and shall have standing to 731
intervene in such a proceeding for all purposes. Failure to provide the Commission service of 732
process shall render a judgment or order void as to the Commission, this Compact, or promulgated 733
Rules. 734
(b) Default, Technical Assistance, and Termination 735
(1) If the Commission determines that a Member State has defaulted in the 736
performance of its obligations or responsibilities under this Compact or the promulgated Rules, 737
the Commission shall provide written notice to the defaulting State. The notice of default shall 738
describe the default, the proposed means of curing the default, and any other action that the 739
Commission may take, and shall offer training and specific technical assistance regarding the 740
default. 741
33
(2) The Commission shall provide a copy of the notice of default to the other 742
Member States. 743
(c) If a State in default fails to cure the default, the defaulting State may be terminated from 744
the Compact upon an affirmative vote of a majority of the delegates of the Member States, and all 745
rights, privileges and benefits conferred on that State by this Compact may be terminated on the 746
effective date of termination. A cure of the default does not relieve the offending State of 747
obligations or liabilities incurred during the period of default. 748
(d) Termination of membership in the Compact shall be imposed only after all other means 749
of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be 750
given by the Commission to the governor, the majority and minority leaders of the defaulting 751
State’s legislature, the defaulting State’s State Licensing Authority and each of the Member States’ 752
State Licensing Authority. 753
(e) A State that has been terminated is responsible for all assessments, obligations, and 754
liabilities incurred through the effective date of termination, including obligations that extend 755
beyond the effective date of termination. 756
(f) Upon the termination of a State’s membership from this Compact, that State shall 757
immediately provide notice to all Licensees within that State of such termination. The terminated 758
State shall continue to recognize all licenses granted pursuant to this Compact for a minimum of 759
six (6) months after the date of said notice of termination. 760
(g) The Commission shall not bear any costs related to a State that is found to be in default 761
or that has been terminated from the Compact, unless agreed upon in writing between the 762
Commission and the defaulting State. 763
34
(h) The defaulting State may appeal the action of the Commission by petitioning the U.S. 764
District Court for the District of Columbia or the federal district where the Commission has its 765
principal offices. The prevailing party shall be awarded all costs of such litigation, including 766
reasonable attorney’s fees. 767
(i) Dispute Resolution 768
(1) Upon request by a Member State, the Commission shall attempt to resolve 769
disputes related to the Compact that arise among Member States and between Member and non -770
Member States. 771
(2) The Commission shall promulgate a Rule providing for both mediation and 772
binding dispute resolution for disputes as appropriate. 773
(j) Enforcement 774
(1) By majority vote as provided by Rule, the Commission may initiate legal action 775
against a Member State in default in the United States District Court for the District of Columbia 776
or the federal district where the Commission has its principal offices to enforce compliance with 777
the provisions of the Compact and its promulgated Rules. The relief sought may include both 778
injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party 779
shall be awarded all costs of such litigation, including reasonable attorney’s fees. The remedies 780
herein shall not be the exclusive remedies of the Commission. The Commission may pursue any 781
other remedies available under federal or the defaulting Member State’s law. 782
(2) A Member State may initiate legal action against the Commission in the U.S. 783
District Court for the District of Columbia or the federal district where the Commission has its 784
principal offices to enforce compliance with the provisions of the Compact and its promulgated 785
Rules. The relief sought may include both injunctive relief and damages. In the event judicial 786
35
enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, 787
including reasonable attorney’s fees. 788
(3) No person other than a Member State shall enforce this compact against the 789
Commission. 790
Sec. 15. Effective date, withdrawal, and amendment 791
(a) The Compact shall come into effect on the date on which the Compact statute is enacted 792
into law in the seventh Member State. 793
(1) On or after the effective date of the Compact, the Commission shall convene 794
and review the enactment of each of the first seven Member States (“Charter Member States”) to 795
determine if the statute enacted by each such Charter Member State is materially different than the 796
model Compact statute. 797
(A) A Charter Member State whose enactment is found to be materially 798
different from the model Compact statute shall be entitled to the default process set forth in Section 799
13. 800
(B) If any Member State is later found to be in default, or is terminated or 801
withdraws from the Compact, the Commission shall remain in existence and the Compact shall 802
remain in effect even if the number of Member States should be less than seven. 803
(2) Member States enacting the Compact subsequent to the seven initial Charter 804
Member States shall be subject to the process set forth in Section 10(C)(21) to determine if their 805
enactments are materially different from the model Compact statute and whether they qualify for 806
participation in the Compact. 807
(3) All actions taken for the benefit of the Commission or in furtherance of the 808
purposes of the administration of the Compact prior to the effective date of the Compact or the 809
36
Commission coming into existence shall be considered to be actions of the Commission unless 810
specifically repudiated by the Commission. 811
(4) Any State that joins the Compact subsequent to the Commission’s initial 812
adoption of the Rules and bylaws shall be subject to the Rules and bylaws as they exist on the date 813
on which the Compact becomes law in that State. Any Rule that has been previously adopted by 814
the Commission shall have the full force and effect of law on the day the Compact becomes law 815
in that State. 816
(b) Any Member State may withdraw from this Compact by enacting a statute repealing 817
the same. 818
(1) A Member State’s withdrawal shall not take effect until 180 days after 819
enactment of the repealing statute. 820
(2) Withdrawal shall not affect the continuing requirement of the withdrawing 821
State’s Licensing Authority to comply with the investigative and Adverse Action reporting 822
requirements of this Compact prior to the effective date of withdrawal. 823
(3) Upon the enactment of a statute withdrawing from this compact, a State shall 824
immediately provide notice of such withdrawal to all Licensees within that State. Notwithstanding 825
any subsequent statutory enactment to the contrary, such withdrawing State shall continue to 826
recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date 827
of such notice of withdrawal. 828
(c) Nothing contained in this Compact shall be construed to invalidate or prevent any 829
licensure agreement or other cooperative arrangement between a Member State and a non-Member 830
State that does not conflict with the provisions of this Compact. 831
37
(d) This Compact may be amended by the Member States. No amendment to this Compact 832
shall become effective and binding upon any Member State until it is enacted into the laws of all 833
Member States. 834
Sec. 16. Construction and severability 835
(a) This Compact and the Commission’s rulemaking authority shall be liberally construed 836
so as to effectuate the purposes, and the implementation and administration of the Compact. 837
Provisions of the Compact expressly authorizing or requiring the promulgation of Rules shall not 838
be construed to limit the Commission’s rulemaking authority solely for those purposes. 839
(b) The provisions of this Compact shall be severable and if any phrase, clause, sentence 840
or provision of this Compact is held by a court of competent jurisdiction to be contrary to the 841
constitution of any Member State, a State seeking participation in the Compact, or of the United 842
States, or the applicability thereof to any government, agency, person or circumstance is held to 843
be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this 844
Compact and the applicability thereof to any other government, agency, person or circumstance 845
shall not be affected thereby. 846
(c) Notwithstanding subsection B of this section, the Commission may deny a State’s 847
participation in the Compact or, in accordance with the requirements of Section 13.B, terminate a 848
Member State’s participation in the Compact, if it determines that a constitutional requirement of 849
a Member State is a material departure from the Compact. Otherwise, if this Compact shall be 850
held to be contrary to the constitution of any Member State, the Compact shall remain in full force 851
and effect as to the remaining Member States and in full force and effect as to the Member State 852
affected as to all severable matters. 853
Sec. 17. Consistent effect and conflict with other state laws 854
38
(a) A Licensee providing services in a Remote State under a Multistate Authorization to 855
Practice shall adhere to the laws and regulations, including laws, regulations, and applicable 856
standards, of the Remote State where the client is located at the time care is rendered. 857
(b) Nothing herein shall prevent or inhibit the enforcement of any other law of a Member 858
State that is not inconsistent with the Compact. 859
(c) Any laws, statutes, regulations, or other legal requirements in a Member State in conflict 860
with the Compact are superseded to the extent of the conflict. 861
(d) All permissible agreements between the Commission and the Member States are 862
binding in accordance with their terms. 863
Sec. 3. Fiscal impact statement. 864
The Council adopts the fiscal impact statement in the committee report as the fiscal impact 865
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 866
October 16, 2006 (12 Stat. 2038; D.C. Official Code § 1-301.47a). 867
Sec. 4. Effective date. 868
This act shall take effect following approval by the Mayor (or in the event of veto by the 869
Mayor, action by the Council overriding the veto) and a 30-day period of congressional review as 870
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 871
1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 872