Social Work Licensure Interstate Compact

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A bill to be entitled 1
An act relating to the Social Work Licensure 2
Interstate Compact; creating s. 491.022, F.S.; 3
creating the Social Work Licensure Interstate Compact; 4
providing purposes, objectives, and definitions; 5
specifying requirements for state participation in the 6
compact and duties of member states; specifying that 7
the compact does not affect an individual's ability to 8
apply for, and a member state's ability to grant, a 9
single state license pursuant to the laws of that 10
state; providing for recognition of compact privilege 11
in member states; specifying criteria a licensee must 12
meet for compact privilege; providing for the 13
expiration and renewal of compact privilege; 14
specifying that a licensee with compact privilege in a 15
remote state must adhere to the laws and rules of that 16
state; authorizing member states to act on a 17
licensee's compact privilege under certain 18
circumstances; specifying the consequences and 19
parameters of practice for a licensee whose compact 20
privilege has been acted upon or whose home state 21
license is encumbered; specifying that a licensee may 22
hold a home state license in only one member state at 23
a time; specifying requirements and procedures for 24
changing a home state license designation; authorizing 25

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active duty military personnel or their spouses to 26
keep their home state designation during active duty; 27
authorizing member states to take adverse actions 28
against licensees and issue subpoenas for hearings and 29
investigations under certain circumstances; providing 30
requirements and procedures for such adverse action; 31
authorizing member states to engage in joint 32
investigations under certain circumstances; providing 33
that a licensee's compact privilege must be 34
deactivated in all member states for the duration of 35
an encumbrance imposed by the licensee's home state; 36
providing for notice to the data system and the 37
licensee's home state of any adverse action taken 38
against a licensee; establishing the Social Work 39
Licensure Compact Commission; providing for 40
jurisdiction and venue for court proceedings; 41
providing for membership and powers of the commission; 42
specifying powers and duties of the commission's 43
executive committee; authorizing the commission to 44
convene in closed, nonpublic meetings under certain 45
circumstances; providing for the financing of the 46
commission; providing specified individuals immunity 47
from civil liability under certain circumstances; 48
providing exceptions; requiring the commission to 49
defend the specified individuals in civil actions 50

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under certain circumstances; requiring the commission 51
to indemnify and hold harmless specified individuals 52
for any settlement or judgment obtained in such 53
actions under certain circumstances; providing for the 54
development of the data system, reporting procedures, 55
and the exchange of specified information between 56
member states; requiring the commission to notify 57
member states of any adverse action taken against a 58
licensee or applicant for licensure; authorizing 59
member states to designate as confidential information 60
provided to the data system; requiring the commission 61
to remove information from the data system under 62
certain circumstances; providing rulemaking procedures 63
for the commission; providing for member state 64
enforcement of the compact; authorizing the commission 65
to receive notice of process, and have standing to 66
intervene, in certain proceedings; rendering certain 67
judgments and orders void as to the commission, the 68
compact, or commission rules under certain 69
circumstances; providing for defaults and termination 70
of compact membership; providing procedures for the 71
resolution of certain disputes; providing for 72
commission enforcement of the compact; providing for 73
remedies; providing for implementation of, withdrawal 74
from, and amendment to the compact; specifying that 75

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licensees practicing in a remote state under the 76
compact must adhere to the laws and rules of that 77
state; specifying that the compact, commission rules, 78
and commission actions are binding on member states; 79
providing construction; providing for severability; 80
amending s. 456.073, F.S.; requiring the Department of 81
Health to report certain investigative information to 82
the data system; amending s. 456.076, F.S.; requiring 83
monitoring contracts for certain impaired 84
practitioners to contain certain terms; amending s. 85
491.004, F.S.; requiring the Board of Clinical Social 86
Work, Marriage and Family Therapy, and Mental Health 87
Counseling to appoint an individual to serve as the 88
state's delegate on the commission; amending ss. 89
491.005 and 491.006, F.S.; exempting certain persons 90
from licensure requirements; amending s. 491.009, 91
F.S.; authorizing certain disciplinary action under 92
the compact for specified prohibited acts; amending s. 93
768.28, F.S.; designating the state's delegate and 94
other members or employees of the commission as state 95
agents for the purpose of applying waivers of 96
sovereign immunity; requiring the commission to pay 97
certain claims or judgments; authorizing the 98
commission to maintain insurance coverage to pay such 99
claims or judgments; providing an effective date. 100

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101
Be It Enacted by the Legislature of the state of Florida: 102
103
Section 1. Section 491.022, Florida Statutes, is created 104
to read: 105
491.022 Social Work Licensure Interstate Compact.—The 106
Social Work Licensure Interstate Compact is hereby enacted into 107
law and entered into by this state with all other states legally 108
joining therein in the form substantially as follows: 109
110
ARTICLE I 111
PURPOSE 112
113
(1) The purpose of this compact is to facilitate 114
interstate practice of regulated social workers by improving 115
public access to competent social work services. 116
(2) The compact preserves the regulatory authority of 117
member states to protect public health and safety through the 118
current system of licensure. This compact is designed to achieve 119
all of the following objectives: 120
(a) Increase public access to social work services. 121
(b) Reduce overly burdensome and duplicative requirements 122
associated with holding multiple licenses. 123
(c) Enhance member states' ability to protect the public 124
health and safety. 125

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(d) Encourage the cooperation of member states in 126
regulating multistate practice. 127
(e) Promote mobility and address workforce shortages by 128
eliminating the necessity for licenses in multiple states by 129
providing for the mutual recognition of other member state 130
licenses. 131
(f) Support military families. 132
(g) Facilitate the exchange of licensure and disciplinary 133
information among member states. 134
(h) Authorize all member states to hold a regulated social 135
worker accountable for abiding by a member state's laws, 136
regulations, and applicable professional standards in the member 137
state in which the client is located at the time care is 138
rendered. 139
(i) Allow for the use of telehealth to facilitate 140
increased access to social work services. 141
142
ARTICLE II 143
DEFINITIONS 144
145
As used in this compact, the term: 146
(1) "Active military member" means any individual with 147
full-time duty status in the active Armed Forces of the United 148
States, including members of the National Guard and Reserve. 149
(2) "Adverse action" means any administrative, civil, 150

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equitable, or criminal action permitted by a state's laws which 151
is imposed by a licensing authority or other authority against a 152
regulated social worker, including actions against an 153
individual's license or multistate authorization to practice 154
such as revocation, suspension, probation, monitoring of the 155
licensee, limitation on the licensee's practice, or any other 156
encumbrance on licensure affecting a regulated social worker's 157
authorization to practice, including issuance of a cease and 158
desist action. 159
(3) "Alternative program" means a nondisciplinary 160
monitoring or practice remediation process approved by a 161
licensing authority to address practitioners with an impairment. 162
(4) "Charter member states" means member states that have 163
enacted legislation to adopt this compact where such legislation 164
predates the effective date of this compact as described in 165
Article XIV. 166
(5) "Commission" means the government agency whose 167
membership consists of all states that have enacted this 168
compact, which is known as the Social Work Licensure Compact 169
Commission, as described in Article X, and which shall operate 170
as an instrumentality of the member states. 171
(6) "Current significant investigative information" means: 172
(a) Investigative information that a licensing authority, 173
after a preliminary inquiry that includes notification and an 174
opportunity for the regulated social worker to respond, has 175

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reason to believe is not groundless and, if proved true, would 176
indicate more than a minor infraction as may be defined by the 177
commission; or 178
(b) Investigative information that indicates that the 179
regulated social worker represents an immediate threat to public 180
health and safety, as may be defined by the commission, 181
regardless of whether the regulated social worker has been 182
notified and has had an opportunity to respond. 183
(7) "Data system" means a repository of information about 184
licensees, including continuing education, examination, 185
licensure, current significant investigative information, 186
disqualifying events, multistate licenses, and adverse action 187
information or other information as required by the commission. 188
(8) "Disqualifying event" means any adverse action or 189
incident which results in an encumbrance that disqualifies or 190
makes the licensee ineligible to obtain, retain, or renew a 191
multistate license. 192
(9) "Domicile" means the jurisdiction in which the 193
licensee resides and intends to remain indefinitely. 194
(10) "Encumbrance" means a revocation or suspension of, or 195
any limitation on, the full and unrestricted practice of social 196
work licensed and regulated by a licensing authority. 197
(11) "Executive committee" means a group of delegates 198
elected or appointed to act on behalf of, and within the powers 199
granted to them by, the compact and commission. 200

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(12) "Home state" means the member state that is the 201
licensee's primary domicile. 202
(13) "Impairment" means a condition that may impair a 203
practitioner's ability to engage in full and unrestricted 204
practice as a regulated social worker without some type of 205
intervention and may include alcohol and drug dependence, mental 206
health impairment, and neurological or physical impairments. 207
(14) "Licensee" means an individual who currently holds a 208
license from a state to practice as a regulated social worker. 209
(15) "Licensing authority" means the board or agency of a 210
member state, or an equivalent, that is responsible for the 211
licensing and regulation of regulated social workers. 212
(16) "Member state" means a state, commonwealth, district, 213
or territory of the United States that has enacted this compact. 214
(17) "Multistate authorization to practice" means a 215
legally authorized privilege to practice, which is equivalent to 216
a license, associated with a multistate license permitting the 217
practice of social work in a remote state. 218
(18) "Multistate license" means a license to practice as a 219
regulated social worker issued by a home state licensing 220
authority that authorizes the regulated social worker to 221
practice in all member states under multistate authorization to 222
practice. 223
(19) "Qualifying National Exam" means a national licensing 224
examination approved by the commission. 225

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(20) "Regulated social worker" means any clinical, 226
master's, or bachelor's social worker licensed by a member state 227
regardless of the title used by that member state. 228
(21) "Remote state" means a member state other than the 229
licensee's home state. 230
(22) "Rules" or "rules of the commission" means a 231
regulation or regulations duly adopted by the commission, as 232
authorized by the compact, that has the force of law. 233
(23) "Single state license" means a social work license 234
issued by any state that authorizes practice only within the 235
issuing state and does not include multistate authorization to 236
practice in any member state. 237
(24) "Social work" or "social work services" means the 238
application of social work theory, knowledge, methods, ethics, 239
and the professional use of self to restore or enhance social, 240
psychosocial, or biopsychosocial functioning of individuals, 241
couples, families, groups, organizations, and communities 242
through the care and services provided by a regulated social 243
worker as provided in the member state's statutes and 244
regulations in the state where the services are being provided. 245
(25) "State" means any state, commonwealth, district, or 246
territory of the United States that regulates the practice of 247
social work. 248
(26) "Unencumbered license" means a license that 249
authorizes a regulated social worker to engage in the full and 250

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unrestricted practice of social work. 251
252
ARTICLE III 253
STATE PARTICIPATION IN THE COMPACT 254
255
(1) To be eligible to participate in the compact, a 256
potential member state must currently meet all of the following 257
criteria: 258
(a) License and regulate the practice of social work at 259
the clinical, master's, or bachelor's level. 260
(b) Require applicants for licensure to graduate from a 261
program that: 262
1. Is operated by a college or university recognized by 263
the licensing authority; 264
2. Is accredited, or in candidacy by an institution that 265
subsequently becomes accredited, by an accrediting agency 266
recognized by either: 267
a. The Council for Higher Education Accreditation or its 268
successor; or 269
b. The United States Department of Education; and 270
3. Corresponds to the licensure sought as outlined in 271
Article IV. 272
(c) Require applicants for clinical licensure to complete 273
a period of supervised practice. 274
(d) Have a mechanism in place for receiving, 275

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investigating, and adjudicating complaints about licensees. 276
(2) To maintain membership in the compact, a member state 277
shall: 278
(a) Require that applicants for a multistate license pass 279
a Qualifying National Exam for the corresponding category of 280
multistate license sought as outlined in Article IV. 281
(b) Participate fully in the commission's data system, 282
including using the commission's unique identifier as defined in 283
rules. 284
(c) Notify the commission, in compliance with the terms of 285
the compact and rules, of any adverse action or the availability 286
of current significant investigative information regarding a 287
licensee. 288
(d) Implement procedures for considering the criminal 289
history records of applicants for a multistate license. Such 290
procedures shall include the submission of fingerprints or other 291
biometric-based information by applicants for the purpose of 292
obtaining an applicant's criminal history record information 293
from the Federal Bureau of Investigation and the agency 294
responsible for retaining that state's criminal records. 295
(e) Comply with the rules of the commission. 296
(f) Require an applicant to obtain or retain a license in 297
the home state and meet the home state's qualifications for 298
licensure or renewal of licensure, as well as all other 299
applicable home state laws. 300

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(g) Authorize a licensee holding a multistate license in 301
any member state to practice in accordance with the terms of the 302
compact and rules of the commission. 303
(h) Designate a delegate to participate in the commission 304
meetings. 305
(3) A member state meeting the requirements under 306
subsections (1) and (2) shall designate the categories of social 307
work licensure that are eligible for issuance of a multistate 308
license for applicants in such member state. To the extent that 309
any member state does not meet the requirements for 310
participation in the compact at any particular category of 311
social work licensure, such member state may choose, but is not 312
obligated, to issue a multistate license to applicants who 313
otherwise meet the requirements of Article IV for issuance of a 314
multistate license in such category or categories of licensure. 315
(4) The home state may charge a fee for granting the 316
multistate license. 317
318
ARTICLE IV 319
SOCIAL WORKER PARTICIPATION IN THE COMPACT 320
321
(1) To be eligible for a multistate license under this 322
compact, an applicant, regardless of category, must meet all of 323
the following requirements: 324
(a) Hold or be eligible for an active, unencumbered 325

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license in the home state. 326
(b) Pay any applicable fees, including any member state 327
fee, for the multistate license. 328
(c) Submit, in connection with an application for a 329
multistate license, fingerprints or other biometric data for the 330
purpose of obtaining criminal history record information from 331
the Federal Bureau of Investigation and the agency responsible 332
for retaining that state's criminal records. 333
(d) Notify the home state of any adverse action, 334
encumbrance, or restriction on any professional license taken by 335
any member state or nonmember state within 30 days after the 336
date the action was taken. 337
(e) Meet any continuing competence requirements 338
established by the home state. 339
(f) Abide by the laws, regulations, and applicable 340
standards in the member state where the client is located at the 341
time care is rendered. 342
(2) An applicant for a clinical-category multistate 343
license must meet all of the following requirements: 344
(a) Fulfill a competency requirement, which shall be 345
satisfied by: 346
1. Passage of a clinical-category Qualifying National 347
Exam; 348
2. Licensure of the applicant in his or her home state at 349
the clinical category, beginning before such time as a 350

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Qualifying National Exam was required by the home state and 351
accompanied by a period of continuous social work licensure 352
thereafter, all of which may be further governed by the rules of 353
the commission; or 354
3. The substantial equivalency of the foregoing competency 355
requirements which the commission may determine by rule. 356
(b) Attain at least a master's degree in social work from 357
a program that is: 358
1. Operated by a college or university recognized by a 359
licensing authority. 360
2. Accredited, or in candidacy that subsequently becomes 361
accredited, by an accrediting agency recognized by either: 362
a. The Council for Higher Education Accreditation or its 363
successor; or 364
b. The United States Department of Education. 365
(c) Fulfill a practice requirement, which shall be 366
satisfied by demonstrating completion of: 367
1. A period of postgraduate supervised clinical practice 368
equal to a minimum of 3,000 hours; 369
2. A minimum of 2 years of full-time postgraduate 370
supervised clinical practice; or 371
3. The substantial equivalency of the foregoing practice 372
requirements which the commission may determine by rule. 373
(3) An applicant for a master's-category multistate 374
license must meet all of the following requirements: 375

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(a) Fulfill a competency requirement, which shall be 376
satisfied by: 377
1. Passage of a masters-category Qualifying National Exam; 378
2. Licensure of the applicant in his or her home state at 379
the master's category, beginning before such time as a 380
Qualifying National Exam was required by the home state at the 381
master's category and accompanied by a continuous period of 382
social work licensure thereafter, all of which may be further 383
governed by the rules of the commission; or 384
3. The substantial equivalency of the foregoing competency 385
requirements which the commission may determine by rule. 386
(b) Attain at least a master's degree in social work from 387
a program that is: 388
1. Operated by a college or university recognized by a 389
licensing authority. 390
2. Accredited, or in candidacy by an institution that 391
subsequently becomes accredited, by an accrediting agency 392
recognized by either: 393
a. The Council for Higher Education Accreditation or its 394
successor; or 395
b. The United States Department of Education. 396
(4) An applicant for a bachelor's-category multistate 397
license must meet all of the following requirements: 398
(a) Fulfill a competency requirement, which shall be 399
satisfied by: 400

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1. Passage of a bachelor's-category Qualifying National 401
Exam; 402
2. Licensure of the applicant in his or her home state at 403
the bachelor's category, beginning before such time as a 404
Qualifying National Exam was required by the home state and 405
accompanied by a period of continuous social work licensure 406
thereafter, all of which may be further governed by the rules of 407
the commission; or 408
3. The substantial equivalency of the foregoing competency 409
requirements which the commission may determine by rule. 410
(b) Attain at least a bachelor's degree in social work 411
from a program that is: 412
1. Operated by a college or university recognized by the 413
licensing authority. 414
2. Accredited, or in candidacy that subsequently becomes 415
accredited, by an accrediting agency recognized by either: 416
a. The Council for Higher Education Accreditation or its 417
successor; or 418
b. The United States Department of Education. 419
(5) The multistate license for a regulated social worker 420
is subject to the renewal requirements of the home state. The 421
regulated social worker must maintain compliance with the 422
requirements of subsection (1) to be eligible to renew a 423
multistate license. 424
(6) The regulated social worker's services in a remote 425

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state are subject to that member state's regulatory authority. A 426
remote state may, in accordance with due process and that member 427
state's laws, remove a regulated social worker's multistate 428
authorization to practice in the remote state for a specific 429
period of time, impose fines, and take any other necessary 430
actions to protect the health and safety of its citizens. 431
(7) If a multistate license is encumbered, the regulated 432
social worker's multistate authorization to practice shall be 433
deactivated in all remote states until the multistate license is 434
no longer encumbered. 435
(8) If a multistate authorization to practice is 436
encumbered in a remote state, the regulated social worker's 437
multistate authorization to practice may be deactivated in that 438
state until the multistate authorization to practice is no 439
longer encumbered. 440
441
ARTICLE V 442
ISSUANCE OF A MULTISTATE LICENSE 443
444
(1) Upon receipt of an application for multistate license, 445
the home state licensing authority shall determine the 446
applicant's eligibility for a multistate license in accordance 447
with Article IV. 448
(2) If such applicant is eligible pursuant to Article IV, 449
the home state licensing authority shall issue a multistate 450

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license that authorizes the applicant or regulated social worker 451
to practice in all member states under a multistate 452
authorization to practice. 453
(3) Upon issuance of a multistate license, the home state 454
licensing authority shall designate whether the regulated social 455
worker holds a multistate license in the bachelor's, master's, 456
or clinical category of social work. 457
(4) A multistate license issued by a home state to a 458
resident in that state shall be recognized by all compact member 459
states as authorizing social work practice under a multistate 460
authorization to practice corresponding to each category of 461
licensure regulated in each member state. 462
463
ARTICLE VI 464
AUTHORITY OF SOCIAL WORK LICENSURE COMPACT COMMISSION 465
AND MEMBER STATE LICENSING AUTHORITIES 466
467
(1) This compact, or any rule of the commission, does not 468
limit, restrict, or in any way reduce the ability of a member 469
state to: 470
(a) Enact and enforce laws, regulations, or other rules 471
related to the practice of social work in that state when those 472
laws, regulations, or other rules are not inconsistent with the 473
provisions of this compact. 474
(b) Take adverse action against a licensee's single state 475

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license to practice social work in that state. 476
(c) Take adverse action against a licensee's multistate 477
authorization to practice social work in that state. 478
(2) This compact, or any rule of the commission, does not 479
limit, restrict, or in any way reduce the ability of a 480
licensee's home state to take adverse action against a 481
licensee's multistate license based upon information provided by 482
a remote state. 483
(3) This compact does not affect the requirements 484
established by a member state for the issuance of a single state 485
license. 486
487
ARTICLE VII 488
REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE 489
490
(1) A licensee can hold a multistate license, issued by 491
his or her home state, in only one member state at any given 492
time. 493
(2) If a licensee changes his or her home state by moving 494
between two member states: 495
(a) The licensee shall immediately apply for the 496
reissuance of his or her multistate license in his or her new 497
home state. The licensee shall pay all applicable fees and 498
notify the prior home state in accordance with the rules of the 499
commission. 500

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(b) Upon receipt of an application to reissue a multistate 501
license, the new home state shall verify that the multistate 502
license is active, unencumbered, and eligible for reissuance 503
under the terms of the compact and the rules of the commission. 504
The multistate license issued by the prior home state will be 505
deactivated and all member states notified in accordance with 506
the applicable rules adopted by the commission. 507
(c) Before the reissuance of the multistate license, the 508
new home state shall conduct procedures for considering the 509
criminal history records of the licensee. Such procedures shall 510
include the submission of fingerprints or other biometric-based 511
information by applicants for the purpose of obtaining an 512
applicant's criminal history record information from the Federal 513
Bureau of Investigation and the agency responsible for retaining 514
that state's criminal records. 515
(d) If required for initial licensure, the new home state 516
may require completion of jurisprudence requirements in the new 517
home state. 518
(e) Notwithstanding any other provision of this compact, 519
if a licensee does not meet the requirements provided in this 520
compact for the reissuance of a multistate license by the new 521
home state, then the licensee shall be subject to the new home 522
state requirements for the issuance of a single state license in 523
that state. 524
(3) If a licensee changes his or her primary state of 525

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residence by moving from a member state to a nonmember state, or 526
from a nonmember state to a member state, then the licensee 527
shall be subject to the state requirements for the issuance of a 528
single state license in the new home state. 529
(4) This compact does not interfere with a licensee's 530
ability to hold a single state license in multiple states; 531
however, for the purposes of this compact, a licensee shall have 532
only one home state, and only one multistate license. 533
(5) This compact does not interfere with the requirements 534
established by a member state for the issuance of a single state 535
license. 536
537
ARTICLE VIII 538
MILITARY FAMILIES 539
540
An active military member or his or her spouse shall 541
designate a home state where the individual has a multistate 542
license. The individual may retain his or her home state 543
designation during the period the servicemember is on active 544
duty. 545
546
ARTICLE IX 547
ADVERSE ACTIONS 548
549
(1) In addition to the other powers conferred by general 550

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law, a remote state shall have the authority, in accordance with 551
existing state due process law, to: 552
(a) Take adverse action against a regulated social 553
worker's multistate authorization to practice only within that 554
member state, and issue subpoenas for both hearings and 555
investigations that require the attendance and testimony of 556
witnesses as well as the production of evidence. Subpoenas 557
issued by a licensing authority in a member state for the 558
attendance and testimony of witnesses or the production of 559
evidence from another member state shall be enforced in the 560
latter state by any court of competent jurisdiction, according 561
to the practice and procedure of that court applicable to 562
subpoenas issued in proceedings pending before it. The issuing 563
licensing authority shall pay any witness fees, travel expenses, 564
mileage, and other fees required by the service statutes of the 565
state in which the witnesses or evidence are located. 566
(b) Only the home state shall have the power to take 567
adverse action against a regulated social worker's multistate 568
license. 569
(2) For purposes of taking adverse action, the home state 570
shall give the same priority and effect to reported conduct 571
received from a member state as it would if the conduct had 572
occurred within the home state. In so doing, the home state 573
shall apply its own state laws to determine appropriate action. 574
(3) The home state shall complete any pending 575

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investigations of a regulated social worker who changes his or 576
her home state during the course of the investigations. The home 577
state shall also have the authority to take appropriate actions 578
and shall promptly report the conclusions of the investigations 579
to the administrator of the data system. The administrator of 580
the data system shall promptly notify the new home state of any 581
adverse actions. 582
(4) A member state, if otherwise permitted by state law, 583
may recover from the affected regulated social worker the costs 584
of investigations and dispositions of cases resulting from any 585
adverse action taken against that regulated social worker. 586
(5) A member state may take adverse action based on the 587
factual findings of another member state, provided that the 588
member state follows its own procedures for taking the adverse 589
action. 590
(6)(a) In addition to the authority granted to a member 591
state by its respective social work practice act or other 592
applicable state law, any member state may participate with 593
other member states in joint investigations of licensees. 594
(b) Member states shall share any investigative, 595
litigation, or compliance materials in furtherance of any joint 596
or individual investigation initiated under the compact. 597
(7) If adverse action is taken by the home state against 598
the multistate license of a regulated social worker, the 599
regulated social worker's multistate authorization to practice 600

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in all other member states shall be deactivated until all 601
encumbrances have been removed from the multistate license. All 602
home state disciplinary orders that impose adverse action 603
against the license of a regulated social worker shall include a 604
statement that the regulated social worker's multistate 605
authorization to practice is deactivated in all member states 606
until all conditions of the decision, order, or agreement are 607
satisfied. 608
(8) If a member state takes adverse action, it shall 609
promptly notify the administrator of the data system. The 610
administrator of the data system shall promptly notify the home 611
state and all other member states of any adverse actions by 612
remote states. 613
(9) This compact does not override a member state's 614
decision that participation in an alternative program may be 615
used in lieu of adverse action. 616
(10) This compact does not authorize a member state to 617
demand the issuance of subpoenas for attendance and testimony of 618
witnesses or the production of evidence from another member 619
state for lawful actions within that member state. 620
(11) This compact does not authorize a member state to 621
impose discipline against a regulated social worker who holds a 622
multistate authorization to practice for lawful actions within 623
another member state. 624
625

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ARTICLE X 626
ESTABLISHMENT OF SOCIAL WORK LICENSURE 627
COMPACT COMMISSION 628
629
(1) The compact member states hereby create and establish 630
a joint government agency whose membership consists of all 631
member states that have enacted the compact known as the Social 632
Work Licensure Compact Commission. The commission is an 633
instrumentality of the compact states acting jointly and not an 634
instrumentality of any one state. The commission shall come into 635
existence on or after the effective date of the compact as 636
provided in Article XIV. 637
(2)(a) Each member state shall have and be limited to one 638
delegate appointed by that member state's licensing authority. 639
The delegate shall be either: 640
1. A current member of the state licensing authority at 641
the time of appointment who is a regulated social worker or 642
public member of the state licensing authority; or 643
2. An administrator of the licensing authority or his or 644
her designee. 645
(b) The commission shall by rule or bylaw establish a term 646
of office for delegates and may by rule or bylaw establish term 647
limits. 648
(c) The commission may recommend removal or suspension of 649
any delegate from office. 650

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(d) A member state's licensing authority shall fill any 651
vacancy of its delegate occurring on the commission within 60 652
days after the vacancy. 653
(e) Each delegate shall be entitled to one vote on all 654
matters before the commission requiring a vote by commission 655
delegates. 656
(f) A delegate shall vote in person or by such other means 657
as provided in the bylaws. The bylaws may provide for delegates 658
to meet by telecommunication, video conference, or other similar 659
electronic means. 660
(g) The commission shall meet at least once during each 661
calendar year. Additional meetings may be held as provided in 662
the bylaws. The commission may meet by telecommunication, video 663
conference, or other similar electronic means. 664
(3) The commission shall have the following powers: 665
(a) Establish the fiscal year of the commission. 666
(b) Establish code of conduct and conflict of interest 667
policies. 668
(c) Establish and amend rules and bylaws. 669
(d) Maintain its financial records in accordance with the 670
bylaws. 671
(e) Meet and take such actions as are consistent with the 672
provisions of this compact, the commission's rules, and the 673
bylaws. 674
(f) Initiate and conclude legal proceedings or actions in 675

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the name of the commission, provided that the standing of any 676
licensing authority to sue or be sued under applicable law may 677
not be affected. 678
(g) Maintain and certify records and information provided 679
to a member state as the authenticated business records of the 680
commission, and designate an agent to do so on the commission's 681
behalf. 682
(h) Purchase and maintain insurance and bonds. 683
(i) Borrow, accept, or contract for services of personnel, 684
including, but not limited to, employees of a member state. 685
(j) Conduct an annual financial review. 686
(k) Hire employees, elect or appoint officers, fix 687
compensation, define duties, grant such individuals appropriate 688
authority to carry out the purposes of the compact, and 689
establish the commission's personnel policies and programs 690
relating to conflicts of interest, qualifications of personnel, 691
and other related personnel matters. 692
(l) Assess and collect fees. 693
(m) Accept any and all appropriate gifts, donations, 694
grants of money, other sources of revenue, equipment, supplies, 695
materials, and services, and receive, utilize, and dispose of 696
the same; provided that at all times the commission shall avoid 697
any appearance of impropriety or conflict of interest. 698
(n) Lease, purchase, retain, own, hold, improve, or use 699
any property, real, personal, or mixed, or any undivided 700

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interest therein. 701
(o) Sell, convey, mortgage, pledge, lease, exchange, 702
abandon, or otherwise dispose of any property, real, personal, 703
or mixed. 704
(p) Establish a budget and make expenditures. 705
(q) Borrow money. 706
(r) Appoint committees, including standing committees, 707
composed of members, state regulators, state legislators or 708
their representatives, consumer representatives, and such other 709
interested persons as may be designated in this compact and the 710
bylaws. 711
(s) Provide and receive information from, and cooperate 712
with, law enforcement agencies. 713
(t) Establish and elect an executive committee, including 714
a chair and a vice chair. 715
(u) Determine whether a state's adopted language is 716
materially different from the model compact language such that 717
the state would not qualify for participation in the compact. 718
(v) Perform such other functions as may be necessary or 719
appropriate to achieve the purposes of this compact. 720
(4)(a) The executive committee shall have the power to act 721
on behalf of the commission according to the terms of this 722
compact. The powers, duties, and responsibilities of the 723
executive committee shall include: 724
1. Oversee the day-to-day activities of the administration 725

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of the compact, including enforcement and compliance with the 726
provisions of the compact, its rules and bylaws, and other such 727
duties as deemed necessary. 728
2. Recommend to the commission changes to the rules or 729
bylaws, changes to this compact legislation, fees charged to 730
compact member states, fees charged to licensees, and other 731
fees. 732
3. Ensure compact administration services are 733
appropriately provided, including by contract. 734
4. Prepare and recommend the budget. 735
5. Maintain financial records on behalf of the commission. 736
6. Monitor compact compliance of member states and provide 737
compliance reports to the commission. 738
7. Establish additional committees as necessary. 739
8. Exercise the powers and duties of the commission during 740
the interim between commission meetings, except for adopting or 741
amending rules, adopting or amending bylaws, and exercising any 742
other powers and duties reserved expressly for use by the 743
commission by rule or bylaw. 744
9. Other duties as provided in the rules or bylaws of the 745
commission. 746
(b) The executive committee shall be composed of up to 11 747
members: 748
1. The chair and vice chair of the commission shall be 749
voting members of the executive committee. 750

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2. The commission shall elect five voting members from the 751
current membership of the commission. 752
3. Up to four ex-officio, nonvoting members from four 753
recognized national social work organizations, selected by their 754
respective organizations. 755
(c) The commission may remove any member of the executive 756
committee as provided in the commission's bylaws. 757
(d) The executive committee shall meet at least annually. 758
1. Executive committee meetings shall be open to the 759
public, except that the executive committee may meet in a 760
closed, nonpublic meeting as provided in subsection (7). 761
2. The executive committee shall give 7 days' notice of 762
its meetings, posted on its website and as determined to provide 763
notice to persons with an interest in the business of the 764
commission. 765
3. The executive committee may hold a special meeting in 766
accordance with subsection (6). 767
(5) The commission shall adopt and provide to the member 768
states an annual report. 769
(6) All meetings shall be open to the public, except that 770
the commission may meet in a closed, nonpublic meeting as 771
provided in subsection (7). 772
(a) Public notice for all meetings of the full commission 773
of meetings shall be given in the same manner as required under 774
the rulemaking provisions in Article XII, except that the 775

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commission may hold a special meeting as provided in paragraph 776
(b). 777
(b) The commission may hold a special meeting when it must 778
meet to conduct emergency business by giving 48 hours' notice to 779
all commissioners, on the commission's website, and by other 780
means as provided in the commission's rules. The commission's 781
legal counsel shall certify that the commission's need to meet 782
qualifies as an emergency. 783
(7)(a) The commission or the executive committee or other 784
committee of the commission may convene in a closed, nonpublic 785
meeting if the commission or the committee needs to receive 786
legal advice or discuss any of the following: 787
1. Noncompliance of a member state with its obligations 788
under the compact. 789
2. The employment, compensation, or discipline of, or 790
other matters, practices, or procedures related to, specific 791
employees. 792
3. Current or threatened discipline of a licensee by the 793
commission or by a member state's licensing authority. 794
4. Current, threatened, or reasonably anticipated 795
litigation. 796
5. Negotiation of contracts for the purchase, lease, or 797
sale of goods, services, or real estate. 798
6. Accusing any person of a crime or formally censuring 799
any person. 800

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7. Trade secrets or commercial or financial information 801
that is privileged or confidential. 802
8. Information of a personal nature when disclosure would 803
constitute a clearly unwarranted invasion of personal privacy. 804
9. Investigative records compiled for law enforcement 805
purposes. 806
10. Information related to any investigative reports 807
prepared by, or on behalf of or for the use of, the commission 808
or other committee charged with responsibility of investigation 809
or determination of compliance issues pursuant to the compact. 810
11. Matters specifically exempted from disclosure by 811
federal or member state law. 812
12. Other matters as adopted by commission rule. 813
(b) If a meeting, or portion of a meeting, is closed, the 814
presiding officer shall state that the meeting will be closed 815
and reference each relevant exempting provision, and such 816
reference shall be recorded in the minutes. 817
(c) The commission shall keep minutes that fully and 818
clearly describe all matters discussed in a meeting and shall 819
provide a full and accurate summary of actions taken, and the 820
reasons therefor, including a description of the views 821
expressed. All documents considered in connection with an action 822
shall be identified in such minutes. All minutes and documents 823
of a closed meeting shall remain under seal, subject to release 824
only by a majority vote of the commission or order of a court of 825

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competent jurisdiction. 826
(8)(a) The commission shall pay, or provide for the 827
payment of, the reasonable expenses of its establishment, 828
organization, and ongoing activities. 829
(b) The commission may accept any and all appropriate 830
revenue sources as provided in paragraph (3)(m). 831
(c) The commission may levy on and collect an annual 832
assessment from each member state and impose fees on licensees 833
of member states to whom it grants a multistate license to cover 834
the cost of the operations and activities of the commission and 835
its staff, which must be in a total amount sufficient to cover 836
its annual budget as approved each year for which revenue is not 837
provided by other sources. The aggregate annual assessment 838
amount for member states shall be allocated based upon a formula 839
that the commission shall adopt by rule. 840
(d) The commission may not incur obligations of any kind 841
prior to securing the funds adequate to meet the same; nor shall 842
the commission pledge the credit of any of the member states, 843
except by and with the authority of the member state. 844
(e) The commission shall keep accurate accounts of all 845
receipts and disbursements. The receipts and disbursements of 846
the commission shall be subject to the financial review and 847
accounting procedures established under its bylaws. However, all 848
receipts and disbursements of funds handled by the commission 849
shall be subject to an annual financial review by a certified or 850

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licensed public accountant, and the report of the financial 851
review shall be included in and become part of the annual report 852
of the commission. 853
(9)(a) The members, officers, executive director, 854
employees, and representatives of the commission shall be immune 855
from suit and liability, both personally and in their official 856
capacity, for any claim for damage to or loss of property or 857
personal injury or other civil liability caused by or arising 858
out of any actual or alleged act, error, or omission that 859
occurred, or that the person against whom the claim is made had 860
a reasonable basis for believing occurred within the scope of 861
commission employment, duties, or responsibilities; provided 862
that this paragraph does not protect any such person from suit 863
or liability for any damage, loss, injury, or liability caused 864
by the intentional or willful or wanton misconduct of that 865
person. The procurement of insurance of any type by the 866
commission may not in any way compromise or limit the immunity 867
granted hereunder. 868
(b) The commission shall defend any member, officer, 869
executive director, employee, and representative of the 870
commission in any civil action seeking to impose liability 871
arising out of any actual or alleged act, error, or omission 872
that occurred within the scope of commission employment, duties, 873
or responsibilities, or as determined by the commission that the 874
person against whom the claim is made had a reasonable basis for 875

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believing occurred within the scope of commission employment, 876
duties, or responsibilities; provided that nothing herein shall 877
be construed to prohibit that person from retaining his or her 878
own counsel at his or her own expense; and provided further that 879
the actual or alleged act, error, or omission did not result 880
from the intentional or willful or wanton misconduct of that 881
person. 882
(c) The commission shall indemnify and hold harmless any 883
member, officer, executive director, employee, and 884
representative of the commission for the amount of any 885
settlement or judgment obtained against that person arising out 886
of any actual or alleged act, error, or omission that occurred 887
within the scope of commission employment, duties, or 888
responsibilities, or, as determined by the commission, that the 889
person against whom the claim is made had a reasonable basis for 890
believing occurred within the scope of commission employment, 891
duties, or responsibilities, provided that the actual or alleged 892
act, error, or omission did not result from the intentional or 893
willful or wanton misconduct of that person. 894
(d) Nothing herein shall be construed as a limitation on 895
the liability of any licensee for professional malpractice or 896
misconduct, which shall be governed solely by any other 897
applicable state laws. 898
(e) This compact may not be interpreted to waive or 899
otherwise abrogate a member state's state action immunity or 900

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state action affirmative defense with respect to antitrust 901
claims under the Sherman Antitrust Act, Clayton Antitrust Act of 902
1914, or any other state or federal antitrust or anticompetitive 903
law or regulation. 904
(f) This compact may not be construed to be a waiver of 905
sovereign immunity by the member states or by the commission. 906
907
ARTICLE XI 908
DATA SYSTEM 909
910
(1) The commission shall provide for the development, 911
maintenance, operation, and utilization of a coordinated data 912
system. 913
(2) The commission shall assign each applicant for a 914
multistate license a unique identifier, as determined by the 915
rules of the commission. 916
(3) Notwithstanding any other provision of state law to 917
the contrary, a member state shall submit a uniform data set to 918
the data system on all individuals to whom this compact is 919
applicable as required by the rules of the commission, 920
including: 921
(a) Identifying information. 922
(b) Licensure data. 923
(c) Adverse actions against a license and information 924
related thereto. 925

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(d) Nonconfidential information related to alternative 926
program participation, the beginning and ending dates of such 927
participation, and other information related to such 928
participation not made confidential under member state law. 929
(e) Any denial of application for licensure, and the 930
reason for such denial. 931
(f) The presence of current significant investigative 932
information. 933
(g) Other information that may facilitate the 934
administration of this compact or the protection of the public, 935
as determined by the rules of the commission. 936
(4) The records and information provided to a member state 937
pursuant to this compact or through the data system, when 938
certified by the commission or an agent thereof, shall 939
constitute the authenticated business records of the commission, 940
and shall be entitled to any associated hearsay exception in any 941
relevant judicial, quasi-judicial, or administrative proceedings 942
in a member state. 943
(5)(a) Current significant investigative information 944
pertaining to a licensee in any member state will only be 945
available to other member states. 946
(b) It is the responsibility of the member states to 947
report any adverse action against a licensee and to monitor the 948
database to determine whether adverse action has been taken 949
against a licensee. Adverse action information pertaining to a 950

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licensee in any member state will be available to any other 951
member state. 952
(6) Member states contributing information to the data 953
system may designate information that may not be shared with the 954
public without the express permission of the contributing state. 955
(7) Any information submitted to the data system that is 956
subsequently expunged pursuant to federal law or the laws of the 957
member state contributing the information shall be removed from 958
the data system. 959
960
ARTICLE XII 961
RULEMAKING 962
963
(1) The commission shall adopt reasonable rules in order 964
to effectively and efficiently implement and administer the 965
purposes and provisions of the compact. A rule shall be invalid 966
and have no force or effect only if a court of competent 967
jurisdiction holds that the rule is invalid because the 968
commission exercised its rulemaking authority in a manner that 969
is beyond the scope and purposes of the compact, or the powers 970
granted hereunder, or based upon another applicable standard of 971
review. 972
(2) The rules of the commission shall have the force of 973
law in each member state; however, if the rules of the 974
commission conflict with the laws, regulations, and applicable 975

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standards that govern the practice of social work as held by a 976
court of competent jurisdiction, the rules of the commission are 977
ineffective in that state to the extent of the conflict. 978
(3) The commission shall exercise its rulemaking powers 979
pursuant to the criteria provided in this section and the rules 980
adopted thereunder. Rules shall become binding on the day 981
following adoption or the date specified in the rule or 982
amendment, whichever is later. 983
(4) If a majority of the legislatures of the member states 984
rejects a rule or portion of a rule, by enactment of a statute 985
or resolution in the same manner used to adopt the compact 986
within 4 years after the date of adoption of the rule, then such 987
rule shall have no further force and effect in any member state. 988
(5) Rules shall be adopted at a regular or special meeting 989
of the commission. 990
(6) Before adoption of a proposed rule, the commission 991
shall hold a public hearing and allow persons to provide oral 992
and written comments, data, facts, opinions, and arguments. 993
(7) Before adoption of a proposed rule by the commission, 994
and at least 30 days in advance of the meeting at which the 995
commission will hold a public hearing on the proposed rule, the 996
commission shall provide a notice of proposed rulemaking: 997
(a) On the website of the commission or other publicly 998
accessible platform. 999
(b) To persons who have requested notice of the 1000

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commission's notices of proposed rulemaking. 1001
(c) In such other way as the commission may by rule 1002
specify. 1003
(8) The notice of proposed rulemaking shall include: 1004
(a) The time, date, and location of the public hearing at 1005
which the commission will hear public comments on the proposed 1006
rule and, if different, the time, date, and location of the 1007
meeting where the commission will consider and vote on the 1008
proposed rule. 1009
(b) If the hearing is held via telecommunication, video 1010
conference, or other similar electronic means, the commission 1011
shall include the mechanism for access to the hearing in the 1012
notice of proposed rulemaking. 1013
(c) The text of the proposed rule and the reason therefor. 1014
(d) A request for comments on the proposed rule from any 1015
interested person. 1016
(e) The manner in which interested persons may submit 1017
written comments. 1018
(9) All hearings will be recorded. A copy of the recording 1019
and all written comments and documents received by the 1020
commission in response to the proposed rule shall be available 1021
to the public. 1022
(10) This section does not require a separate hearing on 1023
each rule. Rules may be grouped for the convenience of the 1024
commission at hearings required by this section. 1025

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(11) The commission shall, by majority vote of all 1026
members, take final action on the proposed rule based on the 1027
rulemaking record and the full text of the rule. 1028
(a) The commission may adopt changes to the proposed rule 1029
provided the changes do not enlarge the original purpose of the 1030
proposed rule. 1031
(b) The commission shall provide an explanation of the 1032
reasons for substantive changes made to the proposed rule as 1033
well as reasons for substantive changes not made that were 1034
recommended by commenters. 1035
(c) The commission shall determine a reasonable effective 1036
date for the rule. Except for an emergency as provided in 1037
subsection (12), the effective date of the rule shall be no 1038
sooner than 30 days after issuing the notice that the commission 1039
adopted or amended the rule. 1040
(12) Upon determination that an emergency exists, the 1041
commission may consider and adopt an emergency rule with 48 1042
hours' notice, with opportunity to comment, provided that the 1043
usual rulemaking procedures provided in the compact and in this 1044
section shall be retroactively applied to the rule as soon as 1045
reasonably possible, but in no event later than 90 days after 1046
the effective date of the rule. For the purposes of this 1047
subsection, an emergency rule is one that must be adopted 1048
immediately in order to: 1049
(a) Meet an imminent threat to public health, safety, or 1050

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welfare; 1051
(b) Prevent a loss of commission or member state funds; 1052
(c) Meet a deadline for the adoption of a rule that is 1053
established by federal law or rule; or 1054
(d) Protect public health and safety. 1055
(13) The commission or an authorized committee of the 1056
commission may direct revisions to a previously adopted rule for 1057
purposes of correcting typographical errors, errors in format, 1058
errors in consistency, or grammatical errors. Public notice of 1059
any revisions shall be posted on the website of the commission. 1060
The revision shall be subject to challenge by any person for a 1061
period of 30 days after posting. The revision may be challenged 1062
only on grounds that the revision results in a material change 1063
to a rule. A challenge shall be made in writing and delivered to 1064
the commission prior to the end of the notice period. If no 1065
challenge is made, the revision will take effect without further 1066
action. If the revision is challenged, the revision may not take 1067
effect without the approval of the commission. 1068
(14) No member state's rulemaking requirements shall apply 1069
under this compact. 1070
1071
ARTICLE XIII 1072
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 1073
1074
(1)(a) The executive and judicial branches of state 1075

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government in each member state shall enforce this compact and 1076
take all actions necessary and appropriate to implement the 1077
compact. 1078
(b) Except as otherwise provided in this compact, venue is 1079
proper and judicial proceedings by or against the commission 1080
shall be brought solely and exclusively in a court of competent 1081
jurisdiction where the principal office of the commission is 1082
located. The commission may waive venue and jurisdictional 1083
defenses to the extent it adopts or consents to participate in 1084
alternative dispute resolution proceedings. Nothing herein shall 1085
affect or limit the selection or propriety of venue in any 1086
action against a licensee for professional malpractice, 1087
misconduct, or any such similar matter. 1088
(c) The commission shall be entitled to receive service of 1089
process in any proceeding regarding the enforcement or 1090
interpretation of the compact and shall have standing to 1091
intervene in such a proceeding for all purposes. Failure to 1092
provide the commission service of process shall render a 1093
judgment or order void as to the commission, this compact, or 1094
adopted rules. 1095
(2)(a) If the commission determines that a member state 1096
has defaulted in the performance of its obligations or 1097
responsibilities under this compact or the adopted rules, the 1098
commission shall provide written notice to the defaulting state. 1099
The notice of default shall describe the default, the proposed 1100

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means of curing the default, and any other action that the 1101
commission may take, and shall offer training and specific 1102
technical assistance regarding the default. 1103
(b) The commission shall provide a copy of the notice of 1104
default to the other member states. 1105
(3) If a state in default fails to cure the default, the 1106
defaulting state may be terminated from the compact upon an 1107
affirmative vote of a majority of the delegates of the member 1108
states, and all rights, privileges, and benefits conferred on 1109
that state by this compact may be terminated on the effective 1110
date of termination. A cure of the default does not relieve the 1111
offending state of obligations or liabilities incurred during 1112
the period of default. 1113
(4) Termination of membership in the compact shall be 1114
imposed only after all other means of securing compliance have 1115
been exhausted. Notice of intent to suspend or terminate shall 1116
be given by the commission to the Governor, the majority and 1117
minority leaders of the defaulting state's legislature, the 1118
defaulting state's state licensing authority, and the licensing 1119
authority of each member state. 1120
(5) A state that has been terminated is responsible for 1121
all assessments, obligations, and liabilities incurred through 1122
the effective date of termination, including obligations that 1123
extend beyond the effective date of termination. 1124
(6) Upon the termination of a state's membership from this 1125

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compact, that state shall immediately provide notice to all 1126
licensees within that state of such termination. The terminated 1127
state shall continue to recognize all licenses granted pursuant 1128
to this compact for a minimum of 6 months after the date of said 1129
notice of termination. 1130
(7) The commission may not bear any costs related to a 1131
state that is found to be in default or that has been terminated 1132
from the compact, unless agreed upon in writing between the 1133
commission and the defaulting state. 1134
(8) The defaulting state may appeal the action of the 1135
commission by petitioning the United States District Court for 1136
the District of Columbia or the federal district where the 1137
commission has its principal offices. The prevailing party shall 1138
be awarded all costs of such litigation, including reasonable 1139
attorney fees. 1140
(9)(a) Upon request by a member state, the commission 1141
shall attempt to resolve disputes related to the compact that 1142
arise among member states and between member and nonmember 1143
states. 1144
(b) The commission shall adopt a rule providing for both 1145
mediation and binding dispute resolution for disputes as 1146
appropriate. 1147
(10)(a) By majority vote as provided by rule, the 1148
commission may initiate legal action against a member state in 1149
default in the United States District Court for the District of 1150

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Columbia or the federal district where the commission has its 1151
principal offices to enforce compliance with the provisions of 1152
the compact and its adopted rules. The relief sought may include 1153
both injunctive relief and damages. In the event judicial 1154
enforcement is necessary, the prevailing party shall be awarded 1155
all costs of such litigation, including reasonable attorney 1156
fees. The remedies herein may not be the exclusive remedies of 1157
the commission. The commission may pursue any other remedies 1158
available under federal or the defaulting member state's law. 1159
(b) A member state may initiate legal action against the 1160
commission in the United States District Court for the District 1161
of Columbia or the federal district where the commission has its 1162
principal offices to enforce compliance with the provisions of 1163
the compact and its adopted rules. The relief sought may include 1164
both injunctive relief and damages. In the event judicial 1165
enforcement is necessary, the prevailing party shall be awarded 1166
all costs of such litigation, including reasonable attorney 1167
fees. 1168
(c) Only a member state may enforce this compact against 1169
the commission. 1170
1171
ARTICLE XIV 1172
EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 1173
1174
(1) The compact shall come into effect on the date on 1175

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which the compact statute is enacted into law in the seventh 1176
member state. 1177
(2)(a) On or after the effective date of the compact, the 1178
commission shall convene and review the enactment of each of the 1179
first seven charter member states to determine if the statute 1180
enacted by each such charter member state is materially 1181
different than the model compact statute. 1182
1. A charter member state whose enactment is found to be 1183
materially different from the model compact statute shall be 1184
entitled to the default process provided in Article XIII. 1185
2. If any member state is later found to be in default, or 1186
is terminated or withdraws from the compact, the commission 1187
shall remain in existence and the compact shall remain in effect 1188
even if the number of member states should be less than seven. 1189
(b) Member states enacting the compact subsequent to the 1190
seven initial charter member states shall be subject to the 1191
process provided in paragraph (3)(u) of Article X to determine 1192
if their enactments are materially different from the model 1193
compact statute and whether they qualify for participation in 1194
the compact. 1195
(c) All actions taken for the benefit of the commission or 1196
in furtherance of the purposes of the administration of the 1197
compact prior to the effective date of the compact or the 1198
commission coming into existence shall be considered to be 1199
actions of the commission unless specifically repudiated by the 1200

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commission. 1201
(d) Any state that joins the compact subsequent to the 1202
commission's initial adoption of the rules and bylaws shall be 1203
subject to the rules and bylaws as they exist on the date on 1204
which the compact becomes law in that state. Any rule that has 1205
been previously adopted by the commission shall have the full 1206
force and effect of law on the day the compact becomes law in 1207
that state. 1208
(3) Any member state may withdraw from this compact by 1209
enacting a statute repealing the same. 1210
(a) A member state's withdrawal may not take effect until 1211
180 days after enactment of the repealing statute. 1212
(b) Withdrawal may not affect the continuing requirement 1213
of the withdrawing state's licensing authority to comply with 1214
the investigative and adverse action reporting requirements of 1215
this compact before the effective date of withdrawal. 1216
(c) Upon the enactment of a statute withdrawing from this 1217
compact, a state shall immediately provide notice of such 1218
withdrawal to all licensees within that state. Notwithstanding 1219
any subsequent statutory enactment to the contrary, such 1220
withdrawing state shall continue to recognize all licenses 1221
granted pursuant to this compact for a minimum of 180 days after 1222
the date of such notice of withdrawal. 1223
(4) This compact does not invalidate or prevent any 1224
licensure agreement or other cooperative arrangement between a 1225

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member state and a nonmember state that does not conflict with 1226
the provisions of this compact. 1227
(5) This compact may be amended by the member states. Any 1228
amendment to this compact is not effective and binding upon any 1229
member state until it is enacted into the laws of all member 1230
states. 1231
1232
ARTICLE XV 1233
CONSTRUCTION AND SEVERABILITY 1234
1235
(1) This compact and the commission's rulemaking authority 1236
shall be liberally construed so as to effectuate the purposes 1237
and the implementation and administration of the compact. 1238
Provisions of the compact expressly authorizing or requiring the 1239
adoption of rules may not be construed to limit the commission's 1240
rulemaking authority solely for those purposes. 1241
(2) The provisions of this compact shall be severable and 1242
if any phrase, clause, sentence, or provision of this compact is 1243
held by a court of competent jurisdiction to be contrary to the 1244
constitution of any member state, a state seeking participation 1245
in the compact, or of the United states, or the application 1246
thereof to any government, agency, person, or circumstance is 1247
held to be unconstitutional by a court of competent 1248
jurisdiction, the validity of the remainder of this compact and 1249
the applicability thereof to any other government, agency, 1250

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person, or circumstance may not be affected thereby. 1251
(3) Notwithstanding subsection (2), the commission may 1252
deny a state's participation in the compact or, in accordance 1253
with the requirements of subsection (3) of Article XIII, 1254
terminate a member state's participation in the compact, if it 1255
determines that a constitutional requirement of a member state 1256
is a material departure from the compact. Otherwise, if this 1257
compact shall be held to be contrary to the constitution of any 1258
member state, the compact shall remain in full force and effect 1259
as to the remaining member states and in full force and effect 1260
as to the member state affected as to all severable matters. 1261
1262
ARTICLE XVI 1263
CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 1264
1265
(1) A licensee providing services in a remote state under 1266
a multistate authorization to practice shall adhere to the laws 1267
and regulations, including laws, regulations, and applicable 1268
standards, of the remote state where the client is located at 1269
the time care is rendered. 1270
(2) Nothing herein shall prevent or inhibit the 1271
enforcement of any other law of a member state that is not 1272
inconsistent with the compact. 1273
(3) Any laws, statutes, regulations, or other legal 1274
requirements in a member state in conflict with the compact are 1275

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superseded to the extent of the conflict. 1276
(4) All permissible agreements between the commission and 1277
the member states are binding in accordance with their terms. 1278
Section 2. Subsection (10) of section 456.073, Florida 1279
Statutes, is amended to read: 1280
456.073 Disciplinary proceedings.—Disciplinary proceedings 1281
for each board shall be within the jurisdiction of the 1282
department. 1283
(10)(a) The complaint and all information obtained 1284
pursuant to the investigation by the department are confidential 1285
and exempt from s. 119.07(1) until 10 days after probable cause 1286
has been found to exist by the probable cause panel or by the 1287
department, or until the regulated professional or subject of 1288
the investigation waives his or her privilege of 1289
confidentiality, whichever occurs first. 1290
(b) The department shall report any significant 1291
investigative investigation information relating to a nurse 1292
holding a multistate license to the coordinated licensure 1293
information system pursuant to s. 464.0095; any investigative 1294
information relating to an audiologist or a speech-language 1295
pathologist holding a compact privilege under the Audiology and 1296
Speech-Language Pathology Interstate Compact to the data system 1297
pursuant to s. 468.1335; any investigative information relating 1298
to a physical therapist or physical therapist assistant holding 1299
a compact privilege under the Physical Therapy Licensure Compact 1300

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to the data system pursuant to s. 486.112; any investigative 1301
significant investigatory information relating to a psychologist 1302
practicing under the Psychology Interjurisdictional Compact to 1303
the coordinated licensure information system pursuant to s. 1304
490.0075; and any significant investigative investigatory 1305
information relating to a health care practitioner practicing 1306
under the Professional Counselors Licensure Compact to the data 1307
system pursuant to s. 491.017; and any investigative information 1308
relating to a clinical social worker practicing under the Social 1309
Work Licensure Interstate Compact to the data system pursuant to 1310
s. 491.022. 1311
(c) Upon completion of the investigation and a 1312
recommendation by the department to find probable cause, and 1313
pursuant to a written request by the subject or the subject's 1314
attorney, the department shall provide the subject an 1315
opportunity to inspect the investigative file or, at the 1316
subject's expense, forward to the subject a copy of the 1317
investigative file. Notwithstanding s. 456.057, the subject may 1318
inspect or receive a copy of any expert witness report or 1319
patient record connected with the investigation if the subject 1320
agrees in writing to maintain the confidentiality of any 1321
information received under this subsection until 10 days after 1322
probable cause is found and to maintain the confidentiality of 1323
patient records pursuant to s. 456.057. The subject may file a 1324
written response to the information contained in the 1325

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investigative file. Such response must be filed within 20 days 1326
after of mailing by the department, unless an extension of time 1327
has been granted by the department. 1328
(d) This subsection does not prohibit the department from 1329
providing the complaint and any information obtained pursuant to 1330
the department's investigation to any law enforcement agency or 1331
to any other regulatory agency. 1332
Section 3. Subsection (5) of section 456.076, Florida 1333
Statutes, is amended to read: 1334
456.076 Impaired practitioner programs.— 1335
(5) A consultant shall enter into a participant contract 1336
with an impaired practitioner and shall establish the terms of 1337
monitoring and shall include the terms in a participant 1338
contract. In establishing the terms of monitoring, the 1339
consultant may consider the recommendations of one or more 1340
approved evaluators, treatment programs, or treatment providers. 1341
A consultant may modify the terms of monitoring if the 1342
consultant concludes, through the course of monitoring, that 1343
extended, additional, or amended terms of monitoring are 1344
required for the protection of the health, safety, and welfare 1345
of the public. If the impaired practitioner is an audiologist or 1346
a speech-language pathologist practicing under the Audiology and 1347
Speech-Language Pathology Interstate Compact pursuant to s. 1348
468.1335, a physical therapist or physical therapist assistant 1349
practicing under the Physical Therapy Licensure Compact pursuant 1350

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to s. 486.112, a psychologist practicing under the Psychology 1351
Interjurisdictional Compact pursuant to s. 490.0075, or a health 1352
care practitioner practicing under the Professional Counselors 1353
Licensure Compact pursuant to s. 491.017, or a clinical social 1354
worker practicing under the Social Work Licensure Interstate 1355
Compact pursuant to s. 491.022, the terms of the monitoring 1356
contract must include the impaired practitioner's withdrawal 1357
from all practice under the compact unless authorized by a 1358
member state. 1359
Section 4. Subsection (9) is added to section 491.004, 1360
Florida Statutes, to read: 1361
491.004 Board of Clinical Social Work, Marriage and Family 1362
Therapy, and Mental Health Counseling.— 1363
(9) The board shall appoint an individual to serve as the 1364
state's delegate on the Social Work Licensure Compact 1365
Commission, as required under s. 491.022. 1366
Section 5. Subsection (6) of section 491.005, Florida 1367
Statutes, is amended to read: 1368
491.005 Licensure by examination.— 1369
(6) EXEMPTIONS EXEMPTION.— 1370
(a) A person licensed as a clinical social worker, 1371
marriage and family therapist, or mental health counselor in 1372
another state who is practicing under the Professional 1373
Counselors Licensure Compact pursuant to s. 491.017, and only 1374
within the scope provided therein, is exempt from the licensure 1375

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requirements of this section, as applicable. 1376
(b) A person licensed as a clinical social worker in 1377
another state who is practicing under the Social Work Licensure 1378
Interstate Compact pursuant to s. 491.022, and only within the 1379
scope provided therein, is exempt from the licensure 1380
requirements of this section, as applicable. 1381
Section 6. Subsection (4) is added to section 491.006, 1382
Florida Statutes, to read: 1383
491.006 Licensure or certification by endorsement.— 1384
(4) A person licensed as a clinical social worker in 1385
another state who is practicing under the Social Work Licensure 1386
Interstate Compact pursuant to s. 491.022, and only within the 1387
scope provided therein, is exempt from the licensure 1388
requirements of this section, as applicable. 1389
Section 7. Subsection (1) of section 491.009, Florida 1390
Statutes, is amended, and paragraph (c) is added to subsection 1391
(2) of that section, to read: 1392
491.009 Discipline.— 1393
(1) The following acts constitute grounds for denial of a 1394
license or disciplinary action, as specified in s. 456.072(2), 1395
or s. 491.017, or s. 491.022: 1396
(a) Attempting to obtain, obtaining, or renewing a 1397
license, registration, or certificate under this chapter by 1398
bribery or fraudulent misrepresentation or through an error of 1399
the board or the department. 1400

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(b) Having a license, registration, or certificate to 1401
practice a comparable profession revoked, suspended, or 1402
otherwise acted against, including the denial of certification 1403
or licensure by another state, territory, or country. 1404
(c) Being convicted or found guilty of, regardless of 1405
adjudication, or having entered a plea of nolo contendere to, a 1406
crime in any jurisdiction which directly relates to the practice 1407
of his or her profession or the ability to practice his or her 1408
profession. However, in the case of a plea of nolo contendere, 1409
the board shall allow the person who is the subject of the 1410
disciplinary proceeding to present evidence in mitigation 1411
relevant to the underlying charges and circumstances surrounding 1412
the plea. 1413
(d) False, deceptive, or misleading advertising or 1414
obtaining a fee or other thing of value on the representation 1415
that beneficial results from any treatment will be guaranteed. 1416
(e) Advertising, practicing, or attempting to practice 1417
under a name other than one's own. 1418
(f) Maintaining a professional association with any person 1419
who the applicant, licensee, registered intern, or 1420
certificateholder knows, or has reason to believe, is in 1421
violation of this chapter or of a rule of the department or the 1422
board. 1423
(g) Knowingly aiding, assisting, procuring, or advising 1424
any nonlicensed, nonregistered, or noncertified person to hold 1425

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himself or herself out as licensed, registered, or certified 1426
under this chapter. 1427
(h) Failing to perform any statutory or legal obligation 1428
placed upon a person licensed, registered, or certified under 1429
this chapter. 1430
(i) Willfully making or filing a false report or record; 1431
failing to file a report or record required by state or federal 1432
law; willfully impeding or obstructing the filing of a report or 1433
record; or inducing another person to make or file a false 1434
report or record or to impede or obstruct the filing of a report 1435
or record. Such report or record includes only a report or 1436
record which requires the signature of a person licensed, 1437
registered, or certified under this chapter. 1438
(j) Paying a kickback, rebate, bonus, or other 1439
remuneration for receiving a patient or client, or receiving a 1440
kickback, rebate, bonus, or other remuneration for referring a 1441
patient or client to another provider of mental health care 1442
services or to a provider of health care services or goods; 1443
referring a patient or client to oneself for services on a fee-1444
paid basis when those services are already being paid for by 1445
some other public or private entity; or entering into a 1446
reciprocal referral agreement. 1447
(k) Committing any act upon a patient or client which 1448
would constitute sexual battery or which would constitute sexual 1449
misconduct as defined pursuant to s. 491.0111. 1450

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(l) Making misleading, deceptive, untrue, or fraudulent 1451
representations in the practice of any profession licensed, 1452
registered, or certified under this chapter. 1453
(m) Soliciting patients or clients personally, or through 1454
an agent, through the use of fraud, intimidation, undue 1455
influence, or a form of overreaching or vexatious conduct. 1456
(n) Failing to make available to a patient or client, upon 1457
written request, copies of tests, reports, or documents in the 1458
possession or under the control of the licensee, registered 1459
intern, or certificateholder which have been prepared for and 1460
paid for by the patient or client. 1461
(o) Failing to respond within 30 days to a written 1462
communication from the department or the board concerning any 1463
investigation by the department or the board, or failing to make 1464
available any relevant records with respect to any investigation 1465
about the licensee's, registered intern's, or 1466
certificateholder's conduct or background. 1467
(p) Being unable to practice the profession for which he 1468
or she is licensed, registered, or certified under this chapter 1469
with reasonable skill or competence as a result of any mental or 1470
physical condition or by reason of illness; drunkenness; or 1471
excessive use of drugs, narcotics, chemicals, or any other 1472
substance. In enforcing this paragraph, upon a finding by the 1473
State Surgeon General, the State Surgeon General's designee, or 1474
the board that probable cause exists to believe that the 1475

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licensee, registered intern, or certificateholder is unable to 1476
practice the profession because of the reasons stated in this 1477
paragraph, the department shall have the authority to compel a 1478
licensee, registered intern, or certificateholder to submit to a 1479
mental or physical examination by psychologists, physicians, or 1480
other licensees under this chapter, designated by the department 1481
or board. If the licensee, registered intern, or 1482
certificateholder refuses to comply with such order, the 1483
department's order directing the examination may be enforced by 1484
filing a petition for enforcement in the circuit court in the 1485
circuit in which the licensee, registered intern, or 1486
certificateholder resides or does business. The licensee, 1487
registered intern, or certificateholder against whom the 1488
petition is filed may not be named or identified by initials in 1489
any public court records or documents, and the proceedings shall 1490
be closed to the public. The department shall be entitled to the 1491
summary procedure provided in s. 51.011. A licensee, registered 1492
intern, or certificateholder affected under this paragraph shall 1493
at reasonable intervals be afforded an opportunity to 1494
demonstrate that he or she can resume the competent practice for 1495
which he or she is licensed, registered, or certified with 1496
reasonable skill and safety to patients. 1497
(q) Performing any treatment or prescribing any therapy 1498
which, by the prevailing standards of the mental health 1499
professions in the community, would constitute experimentation 1500

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on human subjects, without first obtaining full, informed, and 1501
written consent. 1502
(r) Failing to meet the minimum standards of performance 1503
in professional activities when measured against generally 1504
prevailing peer performance, including the undertaking of 1505
activities for which the licensee, registered intern, or 1506
certificateholder is not qualified by training or experience. 1507
(s) Delegating professional responsibilities to a person 1508
who the licensee, registered intern, or certificateholder knows 1509
or has reason to know is not qualified by training or experience 1510
to perform such responsibilities. 1511
(t) Violating a rule relating to the regulation of the 1512
profession or a lawful order of the department or the board 1513
previously entered in a disciplinary hearing. 1514
(u) Failure of the licensee, registered intern, or 1515
certificateholder to maintain in confidence a communication made 1516
by a patient or client in the context of such services, except 1517
as provided in s. 491.0147. 1518
(v) Making public statements which are derived from test 1519
data, client contacts, or behavioral research and which identify 1520
or damage research subjects or clients. 1521
(w) Violating any provision of this chapter or chapter 1522
456, or any rules adopted pursuant thereto. 1523
(2) 1524
(c) The board may take adverse action against a clinical 1525

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social worker's privilege to practice under the Social Work 1526
Licensure Interstate Compact pursuant to s. 491.022 and may 1527
impose any of the penalties in s. 456.072(2) if the clinical 1528
social worker commits an act specified in subsection (1) or s. 1529
456.072(1). 1530
Section 8. Paragraph (m) is added subsection (10) of 1531
section 768.28, Florida Statutes, to read: 1532
768.28 Waiver of sovereign immunity in tort actions; 1533
recovery limits; civil liability for damages caused during a 1534
riot; limitation on attorney fees; statute of limitations; 1535
exclusions; indemnification; risk management programs.— 1536
(10) 1537
(m) For purposes of this section, the individual appointed 1538
under s. 491.004(9) as the state's delegate on the Social Work 1539
Licensure Compact Commission, pursuant to s. 491.022, and any 1540
administrator, officer, executive director, employee, or 1541
representative of the commission, when acting within the scope 1542
of his or her employment, duties, or responsibilities in this 1543
state, is considered an agent of the state. The commission shall 1544
pay any claims or judgments pursuant to this section and may 1545
maintain insurance coverage to pay any such claims or judgments. 1546
Section 9. This act shall take effect July 1, 2026. 1547