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Florida Senate
-
2026
SB 74
By
Senator Harrell
31-00218-26 202674__
1 A bill to be entitled
2 An act relating to the Social Work Licensure
3 Interstate Compact; creating s. 491.022, F.S.;
4 creating the Social Work Licensure Interstate Compact;
5 providing a purpose and objectives of the compact;
6 defining terms; specifying requirements for state
7 participation in the compact; specifying requirements
8 for member states to maintain membership in the
9 compact; requiring member states to designate the
10 categories of social work licensure which are eligible
11 for issuance of a multistate license in such states;
12 specifying criteria licensed social workers must meet
13 to be issued a multistate license under the compact;
14 providing additional requirements based on the
15 licensure category of such social workers; providing
16 for the renewal of multistate licenses; specifying
17 that a licensed social worker’s services provided in a
18 remote state are subject to that remote member state’s
19 regulatory authority; authorizing remote states to act
20 on a licensee’s multistate authorization to practice;
21 specifying the consequences and parameters of practice
22 for a licensee whose multistate license or multistate
23 authorization to practice is encumbered; specifying
24 procedures for issuing multistate licenses; providing
25 for the recognition of multistate licenses in all
26 member states; providing construction; specifying that
27 a licensed social worker may hold a home state license
28 in only one member state at a time; specifying
29 requirements and procedures for reissuing a multistate
30 license by a new home state; providing construction;
31 authorizing active duty military personnel or their
32 spouses to keep their home state designation during
33 active duty; authorizing member states to take adverse
34 action against a licensee’s multistate authorization
35 to practice and to issue subpoenas for hearings and
36 investigations under certain circumstances; providing
37 requirements and procedures for such adverse actions
38 and subpoenas; authorizing member states to recover
39 costs of investigations and depositions from the
40 affected licensed social workers in adverse actions;
41 authorizing member states to engage in joint
42 investigations under certain circumstances; providing
43 that a licensee’s multistate authorization to practice
44 must be deactivated in all member states for the
45 duration of an encumbrance imposed by the licensee’s
46 home state; providing for notice to the data system
47 and the licensee’s home state of any adverse action
48 taken against a licensee; providing construction;
49 establishing the Social Work Licensure Compact
50 Commission; providing for membership, meetings, and
51 powers of the commission; providing for powers,
52 duties, membership, and meetings of the commission’s
53 executive committee; requiring the commission to adopt
54 annual reports and provide them to member states;
55 providing public notice and records requirements for
56 meetings of the commission; authorizing the commission
57 to hold closed, nonpublic meetings under certain
58 circumstances; providing for the financing of the
59 commission; providing commission members, officers,
60 executive directors, employees, and representatives
61 immunity from civil liability under certain
62 circumstances; providing construction; requiring the
63 commission to defend the commission’s members,
64 officers, executive directors, employees, and
65 representatives in civil actions under certain
66 circumstances; providing construction; requiring the
67 commission to indemnify and hold harmless such
68 individuals for any settlement or judgment obtained in
69 such actions under certain circumstances; providing
70 construction; providing for the development of the
71 data system, reporting procedures, and the exchange of
72 specified information between member states; requiring
73 member states to report any adverse action taken
74 against a licensee and monitor the data system for
75 adverse action taken against a licensee in other
76 member states; authorizing member states to designate
77 as confidential information provided to the data
78 system; requiring the commission to remove information
79 from the data system under certain circumstances;
80 providing rulemaking procedures for the commission,
81 including public notice and meeting requirements;
82 providing for member state enforcement of the compact;
83 providing for the jurisdiction and venue for court
84 proceedings brought against the commission; specifying
85 that the commission is entitled to receive service of
86 process, and has standing to intervene, in certain
87 judicial and administrative proceedings; rendering
88 certain judgments and orders void as to the
89 commission, the compact, or commission rules under
90 certain circumstances; providing for defaults,
91 technical assistance, and termination of compact
92 membership; providing procedures for the resolution of
93 certain disputes; providing for commission enforcement
94 of the compact; providing for remedies; providing that
95 only a member state may seek enforcement of the
96 compact against the commission; providing for
97 implementation of, withdrawal from, and amendment to
98 the compact; providing construction and severability;
99 specifying that licensees providing services in a
100 remote state under the compact must adhere to the laws
101 and rules of the remote state; providing construction;
102 amending s. 456.073, F.S.; requiring the Department of
103 Health to report certain investigative information to
104 the data system of the Social Work Interstate
105 Licensure Compact; amending s. 456.076, F.S.;
106 requiring that monitoring contracts for impaired
107 practitioners participating in treatment programs
108 contain certain terms; amending s. 491.004, F.S.;
109 requiring the Board of Clinical Social Work, Marriage
110 and Family Therapy, and Mental Health Counseling to
111 appoint an individual to serve as the state’s delegate
112 on the Social Work Licensure Compact Commission;
113 amending ss. 491.005 and 491.006, F.S.; exempting
114 social workers practicing under the compact from
115 certain licensure requirements; amending s. 491.009,
116 F.S.; authorizing certain disciplinary action under
117 the compact for specified prohibited acts; amending s.
118 768.28, F.S.; designating the state delegate and other
119 members or employees of the commission as state agents
120 for the purpose of applying waivers of sovereign
121 immunity; requiring the commission to pay certain
122 claims or judgments; authorizing the commission to
123 maintain insurance coverage to pay such claims or
124 judgments; providing an effective date.
125
126 Be It Enacted by the Legislature of the State of Florida:
127
128 Section 1. Section 491.022, Florida Statutes, is created to
129 read:
130
491.022
Social Work Licensure Interstate Compact.—The
131
Social Work Licensure Interstate Compact is hereby enacted into
132
law and entered into by this state with all other states
legally
133
joining therein in the form substantially as follows:
134
135
ARTICLE I
136
PURPOSE
137
138
(1)
The purpose of
the
compact is to facilitate interstate
139
practice of regulated social workers by improving public access
140
to competent social work services.
141
(2)
The compact preserves the regulatory authority of
142
member states to protect public health and safety through the
143
current system of
state
licensure.
The
compact is designed to
144
achieve all of the following objectives:
145
(a)
Increase public access to social work services.
146
(b)
Reduce overly burdensome and duplicative requirements
147
associated with holding multiple licenses.
148
(c)
Enhance member states’ ability to protect the public’s
149
health and safety.
150
(d)
Encourage the cooperation of member states in
151
regulating multistate practice
of
regulat
ed social workers
.
152
(e)
Promote mobility and address workforce shortages by
153
eliminating the necessity for licenses in multiple states by
154
providing for the mutual recognition of other member state
155
licenses.
156
(f)
Support military families.
157
(g)
Facilitate the exchange of licensure and disciplinary
158
information among member states.
159
(h)
Authorize all member states to hold a regulated social
160
worker accountable for abiding by
the
laws, regulations, and
161
applicable professional standards in the member state in which
162
the client is located at the time care is rendered.
163
(i)
Allow for the use of telehealth to facilitate increased
164
access to social work services.
165
166
ARTICLE II
167
DEFINITIONS
168
169
As used in
the
compact, the term:
170
(1)
“Active military member” means any individual on full
171
time duty status in the active Armed Forces of the United
172
States, including members of the National Guard and Reserve.
173
(2)
“Adverse action” means any administrative, civil,
174
equitable, or criminal action
authorized
by a state’s laws which
175
is imposed by a licensing authority or other authority against a
176
regulated social worker, including actions against an
177
individual’s license or multistate authorization to practice,
178
such as revocation, suspension, probation, monitoring of the
179
licensee, limitation on the licensee’s practice, or any other
180
encumbrance on licensure affecting a regulated social worker’s
181
authorization to practice, including issuance of a cease and
182
desist action.
183
(3)
“Alternative program” means a nondisciplinary
184
monitoring or practice remediation process approved by a
185
licensing authority to address practitioners with an impairment.
186
(4)
“Charter member
state
” means
a
member
state
that
187
enacted legislation to adopt
the
compact where such legislation
188
predates the effective date of
the
compact as described in
189
Article XIV.
190
(5)
“Commission” means the government agency whose
191
membership consists of all states that have enacted
the
compact,
192
which is known as the Social Work Licensure Compact Commission,
193
as described in Article X, and which shall operate as an
194
instrumentality of the member states.
195
(6)
“Current significant investigative information” means:
196
(a)
Investigative information that a licensing authority,
197
after a preliminary inquiry that includes notification and an
198
opportunity for the regulated social worker to respond, has
199
reason to believe is not groundless and, if proved true, would
200
indicate more than a minor infraction as may be defined by the
201
commission; or
202
(b)
Investigative information that indicates that the
203
regulated social worker represents an immediate threat to public
204
health and safety, as defined by the commission, regardless of
205
whether the regulated social worker has been notified and has
206
had an opportunity to respond.
207
(7)
“Data system” means a repository of information about
208
licensees, including
, but not limited to,
continuing education,
209
examination records, licensure
status
, current significant
210
investigative information, disqualifying events, multistate
211
licenses, adverse action information
, and
any other information
212
required by the commission.
213
(8)
“Disqualifying event” means any adverse action or
214
incident
that
results in an encumbrance that disqualifies or
215
makes the licensee ineligible to obtain, retain, or renew a
216
multistate license.
217
(9)
“Domicile” means the jurisdiction in which a licensee
218
resides and intends to remain indefinitely.
219
(10)
“Encumbrance” means a revocation or suspension of, or
220
any limitation on, the full and unrestricted practice of social
221
work
as
licensed and regulated by
a licensing
authority.
222
(11)
“Executive committee” means a group of delegates
223
elected or appointed to act on behalf of, and within the powers
224
granted to them by, the compact and commission.
225
(12)
“Home state” means the member state that is a
226
licensee’s primary domicile.
227
(13)
“Impairment” means a condition that may impair a
228
practitioner’s ability to engage in full and unrestricted
229
practice as a regulated social worker without some type of
230
intervention and may include
, but is not limited to,
alcohol and
231
drug dependence,
a
mental health impairment, or
a neurological
232
or physical
impairment
.
233
(14)
“Licensee” means an individual who currently holds a
234
license from a state to practice as a regulated social worker.
235
(15)
“Licensing authority” means the board or agency of a
236
member state, or an equivalent,
which
is responsible for the
237
licensing and regulation of regulated social workers.
238
(16)
“Member state” means a state, commonwealth, district,
239
or territory of the United States
which
has enacted
the
compact.
240
(17)
“Multistate authorization to practice” means a legally
241
authorized privilege to practice which is equivalent to a
242
license associated with a multistate license
authorizing
the
243
practice of social work in a remote state.
244
(18)
“Multistate license” means a license to practice as a
245
regulated social worker issued by a home
state’s
licensing
246
authority which authorizes the regulated social worker to
247
practice in all member states under
the
multistate authorization
248
to practice.
249
(19)
“Qualifying national exam” means a national licensing
250
examination approved by the commission.
251
(20)
“Regulated social worker” means any clinical,
252
master’s, or bachelor’s social worker licensed by a member state
253
regardless of the title used by that member state.
254
(21)
“Remote state” means a member state other than the
255
licensee’s home state.
256
(
22
)
“Rule
” means a regulation adopted by the commission,
257
as authorized by the compact, which
regulation has the force of
258
law.
259
(23)
“Single
-
state license” means a
license to practice
260
social work issued by any state
which
authorizes practice only
261
within the issuing state
. The term
does not include
a
multistate
262
authorization to practice in any member state.
263
(24)
“Social work” or “social work services” means the
264
application of social work theory, knowledge, methods,
and
265
ethics and the professional use of self to restore or enhance
266
social, psychosocial, or biopsychosocial functioning of
267
individuals, couples, families, groups, organizations, and
268
communities through the care and services provided by a
269
regulated social worker as provided in the member state’s
270
statutes and regulations in the state where the services are
271
being provided.
272
(25)
“State” means any state, commonwealth, district, or
273
territory of the United States
which
regulates the practice of
274
social work.
275
(26)
“Unencumbered license” means a license that authorizes
276
a regulated social worker to engage in the full and unrestricted
277
practice of social work.
278
279
ARTICLE III
280
STATE PARTICIPATION IN THE COMPACT
281
282
(1)
To be eligible to participate in the compact, a
283
potential member state must meet all of the following criteria
284
at the time of joining the compact:
285
(a)
License and regulate the practice of social work at the
286
clinical, master’s, or bachelor’s level.
287
(b)
Require applicants for licensure to graduate from a
288
program that:
289
1.
Is operated by a college or university recognized by
the
290
state’s
licensing authority;
291
2.
Is accredited, or in candidacy by an institution that
292
subsequently becomes accredited, by an accrediting agency
293
recognized by either:
294
a.
The Council for Higher Education Accreditation
,
or its
295
successor; or
296
b.
The United States Department of Education; and
297
3.
Corresponds to the corresponding category of multistate
298
license
sought, as outlined in Article IV.
299
(c)
Require applicants for clinical licensure to complete a
300
period of supervised practice.
301
(d)
Have a mechanism in place for receiving, investigating,
302
and adjudicating complaints about licensees.
303
(2)
To maintain membership in the compact, a member state
304
must
:
305
(a)
Require applicants for a multistate license to pass a
306
qualifying national exam for the corresponding category of
307
multistate license sought, as outlined in Article IV;
308
(b)
Participate fully in the commission’s data system,
309
including using the commission’s unique identifier as defined by
310
commission
rule;
311
(c)
Notify the commission, in compliance with the terms of
312
the compact and rules, of any adverse action or the availability
313
of current significant investigative information regarding a
314
licensee
;
315
(d)
Implement procedures for considering the criminal
316
history records of applicants for a multistate license. Such
317
procedures must include the submission of fingerprints or other
318
biometric-based information by applicants for the purpose of
319
obtaining an applicant’s criminal history record information
320
from the Federal Bureau of Investigation and the agency
321
responsible for retaining that state’s criminal records
;
322
(e)
Comply with the rules of the commission
;
323
(f)
Require an applicant to obtain or retain a license in
324
the home state and meet the home state’s qualifications for
325
licensure or renewal of licensure, as well as all other
326
applicable home state laws
;
327
(g)
Authorize a licensee holding a multistate license in
328
any member state to practice in accordance with the terms of the
329
compact and rules of the commission
; and
330
(h)
Designate a delegate to participate in commission
331
meetings.
332
(3)
A member state meeting the requirements under
333
subsections (1) and (2) shall designate the categories of social
334
work licensure
which
are eligible for issuance of a multistate
335
license for applicants in such member state. To the extent that
336
any member state does not meet the requirements for
337
participation in the compact for any category of social work
338
licensure, such member state may, but is not obligated to
,
issue
339
a multistate license to applicants who otherwise meet the
340
requirements of Article IV for issuance of a multistate license
341
in such category or categories of licensure.
342
343
ARTICLE IV
344
SOCIAL WORKER PARTICIPATION IN THE COMPACT
345
346
(1)
To be eligible for a multistate license under
the
347
compact, an applicant
must, regardless of
license
category, meet
348
all of the following
criteria
:
349
(a)
Hold or be eligible for an active, unencumbered license
350
in the home state.
351
(b)
Submit, in connection with an application for a
352
multistate license, fingerprints or other biometric-based data
353
for the purpose of obtaining criminal history record information
354
from the Federal Bureau of Investigation and the agency
355
responsible for retaining that state’s criminal records.
356
(c)
Notify the home state of any adverse action,
357
encumbrance, or restriction on any professional license taken by
358
any member state or nonmember state within 30 days after the
359
date the action
is
taken.
360
(d)
Meet any continuing
competenc
y requirements established
361
by the home state.
362
(e)
Abide by the laws, regulations, and applicable
363
standards in the member state where the client is located at the
364
time care is rendered.
365
(2)
An applicant for a clinical-category multistate license
366
must meet all of the following requirements:
367
(a)
Fulfill a competency requirement, which may be
368
satisfied by
any of the following:
369
1.
Passage of a clinical-category qualifying national exam;
370
2
.
For an applicant licensed before a qualifying national
371
exam was required by the home state in the clinical category,
372
l
icensure of the applicant in his or her home state
in
the
373
clinical
category, accompanied by a period of continuous social
374
work licensure thereafter, all of which may be further governed
375
by the rules of the commission; or
376
3.
The substantial equivalency of the foregoing competency
377
requirements which the commission may determine by rule.
378
(b)
Attain at least a master’s degree in social work from a
379
program that is:
380
1.
Operated by a college or university recognized by
the
381
home
state’s
licensing authority
; and
382
2.
Accredited, or in candidacy by an institution that
383
subsequently receives
accredit
ation, by an accrediting agency
384
recognized by either:
385
a.
The Council for Higher Education Accreditation or its
386
successor; or
387
b.
The United States Department of Education.
388
(c)
Fulfill a practice requirement, which
may
be satisfied
389
by demonstrating completion of
any of the following:
390
1.
A period of postgraduate supervised clinical practice
391
equal to a minimum of 3,000 hours;
392
2.
A minimum of 2 years of full-time postgraduate
393
supervised clinical practice; or
394
3.
The substantial equivalency of the foregoing practice
395
requirements which the commission may determine by rule.
396
(3)
An applicant for a master’s-category multistate license
397
must meet all of the following requirements:
398
(a)
Fulfill a competency requirement, which
may
be
399
satisfied by
any of the following:
400
1.
Passage of a
master
’
s
-category qualifying national exam;
401
2
.
For an applicant licensed before a qualifying national
402
exam was required by the home state in the master’s category,
403
l
icensure of the applicant in his or her home state
in the
404
master’s category
,
accompanied by a continuous period of social
405
work licensure thereafter, all of which may be further governed
406
by the rules of the commission; or
407
3.
The substantial equivalency of the foregoing competency
408
requirements which the commission may determine by rule.
409
(b)
Attain at least a master’s degree in social work from a
410
program that is:
411
1.
Operated by a college or university recognized by the
412
home state’s licensing authority; and
413
2.
Accredited, or in candidacy by an institution that
414
subsequently becomes accredited, by an accrediting agency
415
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
(4)
An applicant for a bachelor’s-category multistate
420
license must meet all of the following requirements:
421
(a)
Fulfill a competency requirement, which may be
422
satisfied by:
423
1.
Passage of a bachelor’s-category qualifying national
424
exam;
425
2.
For an applicant licensed before
a qualifying national
426
exam was required by the home state
in the bachelor’s category,
427
l
icensure of the applicant in his or her home state at the
428
bachelor’s
category,
accompanied by a period of continuous
429
social work licensure thereafter, all of which may be further
430
governed by the rules of the commission; or
431
3.
The substantial equivalency of the foregoing competency
432
requirements which the commission may determine by rule.
433
(b)
Attain at least a bachelor’s degree in social work from
434
a program that is:
435
1.
Operated by a college or university recognized by the
436
home
state’s
licensing authority
; and
437
2.
Accredited, or in candidacy by an institution that
438
subsequently becomes accredited, by an accrediting agency
439
recognized by either:
440
a.
The Council for Higher Education Accreditation or its
441
successor; or
442
b.
The United States Department of Education.
443
(5)
The multistate license for a regulated social worker is
444
subject to the renewal requirements of the home state. The
445
regulated social worker must maintain compliance with the
446
requirements of subsection (1) to be eligible to renew a
447
multistate license.
448
(6)
The regulated social worker’s services in a remote
449
state are subject to that remote member state’s regulatory
450
authority. A remote state may, in accordance with due process
451
and that remote member state’s laws, remove a regulated social
452
worker’s multistate authorization to practice in the remote
453
state for a specific period of time, impose fines, and take any
454
other necessary actions to protect the health and safety of its
455
citizens.
456
(7)
If a multistate license is encumbered, the regulated
457
social worker’s multistate authorization to practice must be
458
deactivated in all remote states until the multistate license is
459
no longer encumbered.
460
(8)
If a multistate authorization to practice is encumbered
461
in a remote state, the regulated social worker’s multistate
462
authorization to practice may be deactivated in that state until
463
the multistate authorization to practice is no longer
464
encumbered.
465
466
ARTICLE V
467
ISSUANCE OF A MULTISTATE LICENSE
468
469
(1)
Upon receipt of an application for a multistate
470
license, the home
state’s
licensing authority shall determine
471
the applicant’s eligibility for a multistate license in
472
accordance with Article IV.
473
(2)
If the applicant is eligible
under
Article IV, the home
474
state’s
licensing authority must issue a multistate license that
475
authorizes the applicant or regulated social worker to practice
476
in all member states under a multistate authorization to
477
practice.
478
(3)
Upon issuance of a multistate license, the home
state’s
479
licensing authority shall designate whether the regulated social
480
worker holds a multistate license
at
the bachelor’s, master’s,
481
or clinical category of social work.
482
(4)
A multistate license issued by a home state to a
483
resident in that state
must
be recognized by all compact member
484
states as authorizing social work practice under a multistate
485
authorization to practice corresponding to each category of
486
licensure regulated in each member state.
487
488
ARTICLE VI
489
AUTHORITY OF
THE
SOCIAL WORK LICENSURE COMPACT COMMISSION
AND
490
MEMBER STATE LICENSING AUTHORITIES
491
492
(1)
The compact
and rules
of the commission
do not limit,
493
restrict, or in any way reduce the ability of a member state to:
494
(a)
Enact and enforce laws, regulations, or other rules
495
related to the practice of social work in that state
, provided
496
those laws, regulations, or other rules
do
not
conflict
with the
497
provisions of
the
compact.
498
(b)
Take adverse action against a licensee’s single-state
499
license to practice social work in that state.
500
(c)
Take adverse action against a licensee’s multistate
501
authorization to practice social work in that state.
502
(
2
)
The compact and rules
of the commission
do not
limit,
503
restrict, or in any way reduce the ability of a licensee’s home
504
state to take adverse action against a licensee’s multistate
505
license based upon information provided by a remote state.
506
(3)
The compact
does not affect the requirements
507
established by a member state for the issuance of a single
-
state
508
license.
509
510
ARTICLE VII
511
REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE
512
513
(1)
A licensee
may
hold a multistate license, issued by his
514
or her home state, in only one member state at any given time.
515
(2)
If a licensee changes his or her home state by moving
516
between two member states
, the following requirements apply
:
517
(a)
The licensee
must
immediately apply for the reissuance
518
of
the
multistate license in
the
new home state. The licensee
519
shall notify the
former
home state in accordance with the rules
520
of the commission.
521
(b)
Upon receipt of an application to reissue a multistate
522
license, the new home state must verify that the multistate
523
license is active, unencumbered, and eligible for reissuance
524
under the terms of the compact and the rules of the commission.
525
The multistate license issued by the
former
home state
must
be
526
deactivated and all member states notified in accordance with
527
the applicable rules adopted by the commission.
528
(c)
Before
reissuing
the multistate license, the new home
529
state must
conduct procedures for considering the criminal
530
history records of the licensee. Such procedures
must
include
531
the submission of fingerprints or other biometric-based
532
information by applicants for the purpose of obtaining an
533
applicant’s criminal history record information from the Federal
534
Bureau of Investigation and the agency responsible for retaining
535
that state’s criminal records.
536
(d)
If required for initial licensure, the new home state
537
may require completion of jurisprudence requirements in the new
538
home state.
539
(e)
Notwithstanding any other provision of
the
compact, if
540
a licensee does not meet the requirements
set forth
in
the
541
compact for the reissuance of a multistate license by the new
542
home state, the licensee
is
subject to the new home state
543
requirements for the issuance of a single-state license in that
544
state.
545
(3)
If a licensee changes his or her
domicile
by moving
546
from a member state to a nonmember state, or from a nonmember
547
state to a member state, the licensee
is
subject to the
state
’s
548
requirements for the issuance of a single-state license in the
549
new home state.
550
(4)
The compact does not interfere with a licensee’s
551
ability to hold a single-state license in multiple states;
552
however, for the purposes of
the
compact, a licensee
may
have
553
only one home state and only one multistate license.
554
(5)
The compact does not interfere with the requirements
555
established by a member state for the issuance of a single-state
556
license.
557
558
ARTICLE VIII
559
MILITARY FAMILIES
560
561
An active military member or his or her spouse shall
562
designate a home state
as the state
in which the individual
563
holds
a multistate license. The individual may retain
the
home
564
state designation during the period the servicemember is on
565
active duty.
566
567
ARTICLE IX
568
ADVERSE ACTIONS
569
570
(1)
In addition to the other powers conferred by general
571
law, a remote state
has
the authority, in accordance with
572
existing state due process law, to:
573
(a)
Take adverse action against a regulated social worker’s
574
multistate authorization to practice,
but
only within that
575
member state, and to issue subpoenas for both hearings and
576
investigations that require the attendance and testimony of
577
witnesses as well as the production of evidence. Subpoenas
578
issued by a licensing authority in a member state for the
579
attendance and testimony of witnesses or the production of
580
evidence from another member state
must
be enforced in the
581
latter state by any court of competent jurisdiction, according
582
to the practice and procedure of that court applicable to
583
subpoenas issued in proceedings pending before it. The issuing
584
licensing authority shall pay any witness fees, travel expenses,
585
mileage, and other fees required by the service statutes of the
586
state in which the witnesses or evidence is located.
587
(b)
Only the home state may take adverse action against a
588
regulated social worker’s multistate license.
589
(2)
For purposes of taking adverse action, the home state
590
must
give the same priority and effect to reported conduct
591
received from a member state as it would if the conduct had
592
occurred within the home state. In so doing, the home state
593
shall apply its own state laws to determine appropriate action.
594
(3)
The home state shall complete any pending
595
investigations of a regulated social worker who changes his or
596
her home state during the course of the
investigation.
The home
597
state also may take appropriate
action
and shall promptly report
598
the conclusions of the investigations to the administrator of
599
the data system. The administrator of the data system shall
600
promptly notify the new home state of any adverse
action
.
601
(4)
A member state
may, if otherwise
authorized
by state
602
law, recover from the affected regulated social worker the costs
603
of investigations and dispositions of cases resulting from any
604
adverse action taken against that regulated social worker.
605
(5)
A member state may take adverse action based on the
606
factual findings of another member state, provided that the
607
member state follows its own procedures for taking the adverse
608
action.
609
(6)(a)
In addition to the authority granted to a member
610
state by its respective social work practice act or other
611
applicable state law, any member state may participate with
612
other member states in joint investigations of licensees.
613
(b)
Member states shall share any investigative,
614
litigation, or compliance materials in furtherance of any joint
615
or individual investigation initiated under the compact.
616
(7)
If adverse action is taken by the home state against
617
the multistate license of a regulated social worker, the
618
regulated social worker’s multistate authorization to practice
619
in all other member states
must
be deactivated until all
620
encumbrances have been removed from the multistate license. All
621
home state disciplinary orders that impose adverse action
622
against the license of a regulated social worker
must
include a
623
statement that the regulated social worker’s multistate
624
authorization to practice is deactivated in all member states
625
until all conditions of the decision, order, or agreement are
626
satisfied.
627
(8)
If a member state takes adverse action, it must
628
promptly notify the administrator of the data system. The
629
administrator of the data system shall promptly notify the home
630
state and all other member states of any adverse actions
taken
631
by remote states.
632
(9)
The compact does not override a member state’s decision
633
that participation in an alternative program may be used in lieu
634
of adverse action.
635
(10)
The compact does not authorize a member state to
636
demand the issuance of subpoenas for attendance and testimony of
637
witnesses or the production of evidence from another member
638
state for lawful actions within that member state.
639
(11)
The compact does not authorize a member state to
640
impose discipline against a regulated social worker who holds a
641
multistate authorization to practice for actions
committed in
642
another member state
which were lawful in that state.
643
644
ARTICLE X
645
ESTABLISHMENT OF SOCIAL WORK LICENSURE
COMPACT COMMISSION
646
647
(1)
The compact member states hereby create and establish a
648
joint government agency whose membership consists of all member
649
states that have enacted the compact
, to be
known as the Social
650
Work Licensure Compact Commission. The commission is an
651
instrumentality of the compact member states acting jointly and
652
not an instrumentality of any one state. The commission shall
653
come into existence on or after the effective date of the
654
compact as
set forth
in Article XIV.
655
(2)(a)
Each member state
is entitled
to one delegate
656
appointed by that member state’s licensing authority. The
657
delegate must be
one of the following
:
658
1.
A current member of the
state’s
licensing authority who
659
at the time of appointment is a regulated social worker or
660
public member of the
state’s
licensing authority; or
661
2.
An administrator of the
state’s
licensing authority or
662
his or her designee.
663
(b)
The commission shall by rule or bylaw establish a term
664
of office for delegates and may by rule or bylaw establish term
665
limits.
666
(c)
The commission may recommend removal or suspension of
667
any delegate from office.
668
(d)
A member state’s licensing authority shall fill any
669
vacancy of its delegate on the commission within 60 days after
670
the vacancy
occurs
.
671
(e)
Each delegate
is
entitled to one vote on all matters
672
before the commission requiring a vote by commission delegates.
673
(f)
A delegate
must
vote in person or by such other means
674
as provided in the bylaws. The bylaws may provide for delegates
675
to meet by telecommunication,
video
conference
, or other similar
676
electronic means
of communication
.
677
(g)
The commission shall meet at least once during each
678
calendar year. Additional meetings may be held as
set forth
in
679
the bylaws. The commission may meet by telecommunication, video
680
conference, or other similar electronic means of communication.
681
(3)
The commission may
do all of
the following:
682
(a)
Establish the fiscal year of the commission.
683
(b)
Establish code of conduct and conflict of interest
684
policies.
685
(c)
Establish and amend rules and bylaws.
686
(d)
Maintain its financial records in accordance with the
687
bylaws.
688
(e) Meet and take such actions as are consistent with the
689
provisions of
the
compact, the commission’s rules, and the
690
bylaws.
691
(f) Initiate and conclude legal proceedings or actions in
692
the name of the commission, provided that the standing of any
693
state’s
licensing authority to sue or be sued under applicable
694
law
is
not affected.
695
(g) Maintain and certify records and information provided
696
to a member state as the authenticated business records of the
697
commission, or designate an agent to do so on the commission’s
698
behalf.
699
(h) Purchase and maintain insurance and bonds.
700
(i) Borrow, accept, or contract for services of personnel,
701
including, but not limited to, employees of a member state.
702
(j) Conduct an annual financial review.
703
(k) Hire employees
and
elect or appoint officers
;
fix
704
compensation
for
and define duties
of
such individuals
and
grant
705
them appropriate authority to carry out the purposes of the
706
compact
;
and establish the commission’s personnel policies and
707
programs relating to conflicts of interest, qualifications of
708
personnel, and other related personnel matters.
709
(l) Assess and collect fees.
710
(m) Accept
, receive, use,
and
dispose of any
appropriate
711
gifts, donations, grants of money, other revenue sources,
712
equipment, supplies, materials, and services, provided that at
713
all times the commission
avoids
any appearance of impropriety or
714
conflict of interest.
715
(n) Lease, purchase, retain, own, hold, improve, or use any
716
property, real, personal, or mixed, or any undivided interest
717
therein.
718
(o) Sell, convey, mortgage, pledge, lease, exchange,
719
abandon, or otherwise dispose of any property, real, personal,
720
or mixed.
721
(p) Establish a budget and make expenditures.
722
(q) Borrow money.
723
(r) Appoint committees, including standing committees,
724
composed of members, state regulators, state legislators or
725
their representatives, consumer representatives, and such other
726
interested persons as may be designated in
the
compact and the
727
bylaws.
728
(s) Provide and receive information from, and cooperate
729
with, law enforcement agencies.
730
(t) Establish and elect an executive committee, including a
731
chair and a vice chair.
732
(u) Determine whether a state’s statutorily adopted compact
733
language is materially different from the model compact language
734
such that the state would not qualify for participation in the
735
compact.
736
(v) Perform
any
other functions necessary to achieve the
737
purposes of
the
compact.
738
(4)(a)
The executive committee s
hall have the power
to act
739
on behalf of the commission according to the terms of
the
740
compact. The powers, duties, and responsibilities of the
741
executive committee include
all of the following
:
742
1.
Overseeing
the day-to-day activities of administration
743
of the compact, including enforcement and compliance with the
744
compact
and
its rules and bylaws and other such duties as deemed
745
necessary
by the commission
.
746
2. Recommending to the commission changes to the rules or
747
bylaws, changes to
the
compact legislation, and fees charged to
748
member states, fees charged to licensees, and other fees.
749
3. Ensuring compact administration services are
750
appropriately provided, including by contract.
751
4. Preparing and recommending the budget.
752
5. Maintaining financial records on behalf of the
753
commission.
754
6. Monitoring compact compliance of member states and
755
provid
ing compliance reports to the commission.
756
7. Establishing additional committees as necessary.
757
8. Exercising the powers and duties of the commission
in
758
the interim between commission meetings, except for adopting or
759
amending rules, adopting or amending bylaws, and exercising any
760
other powers and duties expressly
reserved to
the commission by
761
rule or bylaw.
762
9. Performing other duties as provided in the rules or
763
bylaws of the commission.
764
(b) The executive committee
may
be composed of up to 11
765
members
, as follows
:
766
1. A chair and a
vice chair, who must be voting members of
767
the executive committee.
768
2. Five voting members, selected by th
e commission
from the
769
current membership of the commission.
770
3. Up to four ex officio, nonvoting members from four
771
recognized national social work organizations
specified by the
772
commission
, selected by their respective organizations.
773
(c) The commission may remove any member of the executive
774
committee as provided in the commission’s bylaws.
775
(d) The executive committee shall meet at least annually.
776
1. Executive committee meetings must be open to the public,
777
except that the executive committee may meet in a closed,
778
nonpublic meeting as provided in subsection (7).
779
2. The executive committee shall give 7 days’ notice of its
780
meetings, posted on its website and as determined
by the
781
commission,
to provide notice to persons with an interest in the
782
business of the commission.
783
3. The executive committee may hold a special meeting in
784
accordance with subsection (6).
785
(5) The commission shall adopt and provide to the member
786
states an annual report.
787
(6) All meetings
of the commission
must be open to the
788
public, except that the commission may meet in a closed,
789
nonpublic meeting as provided in subsection (7).
790
(a) Public notice for all meetings of the full commission
791
must
be given in the same manner as required under the
792
rulemaking provisions in Article XII, except that the commission
793
may hold a special meeting as provided in paragraph (b).
794
(b) The commission may hold a special meeting when it must
795
meet to conduct emergency business by giving 48 hours’ notice to
796
all commissioners, on the commission’s website, and by other
797
means as provided in the commission’s rules. The commission’s
798
legal counsel shall certify that the commission’s need to meet
799
qualifies as an emergency.
800
(7)(a) The commission or the executive committee or other
801
committee of the commission may convene in a closed, nonpublic
802
meeting if the commission or the committee needs to receive
803
legal advice or discuss any of the following:
804
1.
Noncompliance of a member state with its obligations
805
under the compact.
806
2.
The employment, compensation, or discipline of, or other
807
matters, practices, or procedures related to, specific
808
employees.
809
3.
Current or threatened discipline of a licensee by the
810
commission or by a member state’s licensing authority.
811
4.
Current, threatened, or reasonably anticipated
812
litigation.
813
5.
Negotiation of contracts for the purchase, lease, or
814
sale of goods, services, or real estate.
815
6.
Accusing any person of a crime or formally censuring any
816
person.
817
7.
Trade secrets or commercial or financial information
818
that is privileged or confidential.
819
8.
Information of a personal nature when disclosure would
820
constitute a clearly unwarranted invasion of personal privacy.
821
9.
Investigative records compiled for law enforcement
822
purposes.
823
10.
Information related to any investigative reports
824
prepared by, or on behalf of or for the use of, the commission
825
or other committee charged with responsibility of investigation
826
or determination of compliance issues pursuant to the compact.
827
11.
Matters specifically exempted from disclosure by
828
federal or member state law.
829
12.
Other matters as adopted by commission rule.
830
(b) If a meeting, or portion of a meeting, is closed, the
831
presiding officer must state that the meeting will be closed and
832
reference each relevant exempting provision, and such reference
833
must
be recorded in the minutes.
834
(c) The commission shall keep minutes that fully and
835
clearly describe all matters discussed in a meeting and shall
836
provide a full and accurate summary of actions taken, and the
837
reasons
therefor
, including a description of the views
838
expressed. All documents considered in connection with an action
839
must
be identified in
the
minutes. All minutes and documents of
840
a closed meeting must remain under seal, subject to release only
841
by a majority vote of the commission or order of a court of
842
competent jurisdiction.
843
(8)(a) The commission shall pay, or provide for the payment
844
of, the reasonable expenses of its establishment, organization,
845
and ongoing activities.
846
(b) The commission may accept any appropriate revenue
847
sources as provided in paragraph (3)(m).
848
(c) The commission may levy and collect an annual
849
assessment from each member state to cover the cost of the
850
operations and activities of the commission and its staff, which
851
must be in a total amount sufficient to cover its annual budget
852
as approved each year for which revenue is not provided by other
853
sources. The aggregate annual assessment amount for member
854
states shall be allocated based upon a formula that the
855
commission shall adopt by rule.
856
(d) The commission may not incur obligations of any kind
857
before
securing the funds adequate to meet
such obligations
, and
858
the commission may not pledge the credit of any of the member
859
states, except by and with the authority of the member state.
860
(e) The commission shall keep accurate accounts of all
861
receipts and disbursements. The receipts and disbursements of
862
the commission
are
subject to the financial review and
863
accounting procedures established under its bylaws. However, all
864
receipts and disbursements of funds handled by the commission
865
are
subject to an annual financial review by a certified or
866
licensed public accountant, and the report of the financial
867
review
must
be included in and become part of the annual report
868
of the commission.
869
(9)(a) The members, officers, executive director,
870
employees, and representatives of the commission
are
immune from
871
suit and liability, both personally and in their official
872
capacity, for any claim for damage to or loss of property or
873
personal injury or other civil liability caused by or arising
874
out of any actual or alleged act, error, or omission that
875
occurred, or that the person against whom the claim is made had
876
a reasonable basis for believing occurred, within the scope of
877
commission employment, duties, or responsibilities
. This
878
paragraph
does not protect any such person from suit or
879
liability for any damage, loss, injury, or liability caused by
880
the intentional or willful or wanton misconduct of that person.
881
The procurement of insurance of any type by the commission
does
882
not compromise or limit the immunity granted hereunder.
883
(b) The commission shall defend any member, officer,
884
executive director, employee, or representative of the
885
commission in any civil action seeking to impose liability
886
arising out of any actual or alleged act, error, or omission
887
that occurred within the scope of commission employment, duties,
888
or responsibilities, or that the commission
determine
s 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
that person’s
893
intentional or willful or wanton misconduct
. This paragraph may
894
not be construed to prohibit
such
person from retaining
his or
895
her
own counsel at
his or her
own expense
.
896
(c) The commission shall indemnify and hold harmless any
897
member, officer, executive director, employee, or representative
898
of the commission for the amount of any settlement or judgment
899
obtained against that person arising out of any actual or
900
alleged act, error, or omission that occurred within the scope
901
of commission employment, duties, or responsibilities, or, as
902
determined by the commission, that the person against whom the
903
claim is made had a reasonable basis for believing occurred
904
within the scope of commission employment, duties, or
905
responsibilities, provided that the actual or alleged act,
906
error, or omission did not result from the intentional or
907
willful or wanton misconduct of that person.
908
(d)
This
subsection
may not
be construed as a limitation on
909
the liability of any licensee for professional malpractice or
910
misconduct that
is
governed solely by any other applicable state
911
laws.
912
(e) The compact may not be interpreted to waive or
913
otherwise abrogate a member state’s state action immunity or
914
state action affirmative defense with respect to antitrust
915
claims under the Sherman Antitrust Act, Clayton Antitrust Act of
916
1914, or any other state or federal antitrust or anticompetitive
917
law or regulation.
918
(f) The compact may not be construed
as
a waiver of
919
sovereign immunity by the member states or by the commission.
920
921
ARTICLE XI
922
DATA SYSTEM
923
924
(1) The commission shall provide for the development,
925
maintenance, operation, and
use
of a coordinated data system.
926
(2) The commission shall assign each applicant for a
927
multistate license a unique identifier, as determined by the
928
rules of the commission.
929
(3) Notwithstanding any other state law to the contrary, a
930
member state shall submit a uniform data set to the data system
931
on all individuals to whom
the
compact is applicable, as
932
required by the rules of the commission, including
all of the
933
following information
:
934
(a) Identifying information.
935
(b) Licensure data.
936
(c) Adverse actions against a license and
related
937
information.
938
(d) Nonconfidential information related to alternative
939
program participation, the beginning and ending dates of such
940
participation, and other information related to such
941
participation not made confidential under member state law.
942
(e) Any denial of application for licensure and the reason
943
for such denial.
944
(f) Any current significant investigative information.
945
(g) Other information that may facilitate the
946
administration of
the
compact or the protection of the public,
947
as determined by the rules of the commission.
948
(4) The records and information provided to a member state
949
under the
compact or through the data system, when certified by
950
the commission or an agent thereof, constitute the authenticated
951
business records of the commission and
are
entitled to any
952
associated hearsay exception in any relevant judicial, quasi
953
judicial, or administrative proceedings in a member state.
954
(5)(a) Current significant investigative information
955
pertaining to a licensee in any member state
may
be
made
956
available
only
to other member states.
957
(b) It is the responsibility of the member states to report
958
any adverse action against a licensee and to monitor the
959
database to determine whether adverse action has been taken
960
against a licensee in another member state
.
Adverse action
961
information pertaining to a licensee in any member state
must
be
962
made
available to other member
states
.
963
(6) Member states contributing information to the data
964
system may designate information that may not be shared with the
965
public without the express permission of the contributing state.
966
(7) Any information submitted to the data system which is
967
subsequently expunged pursuant to federal law or the laws of the
968
member state contributing the information
must
be removed from
969
the data system.
970
971
ARTICLE XII
972
RULEMAKING
973
974
(1) The commission shall adopt rules to implement and
975
administer the compact. A rule
is
invalid and
has
no force or
976
effect if a court of competent jurisdiction holds that the rule
977
is invalid because the commission exercised its rulemaking
978
authority in a manner that is beyond the scope and purposes of
979
the compact, or the powers granted hereunder, or based upon
980
another applicable standard of review.
981
(2) The rules of the commission have the force of law in
982
each member state; however, if the rules of the commission
983
conflict with the laws, regulations, or applicable standards
of
984
a
member state
governing the practice of social work as held by
985
a court of competent jurisdiction, the rules of the commission
986
are ineffective in that state to the extent of the conflict.
987
(3) The commission shall exercise its rulemaking powers
988
pursuant to the criteria
set forth
in this article and the rules
989
adopted
hereunder
. Rules become binding the day
after they are
990
adopted
or the date specified in the rule or amendment,
991
whichever is later.
992
(4) If a majority of the legislatures of the member states
993
rejects a rule or portion of a rule, by enactment of a statute
994
or resolution in the same manner used to adopt the compact
995
within 4 years after the date of adoption of the rule, such rule
996
has
no further force and effect in any member state.
997
(5) Rules must be adopted at a regular or special meeting
998
of the commission.
999
(6) Before adoption of a proposed rule, the commission
1000
shall hold a public hearing and allow persons to provide oral
1001
and written comments, data, facts, opinions, and arguments.
1002
(7) Before adoption of a proposed rule by the commission,
1003
and at least 30 days
before
the meeting at which the commission
1004
will hold a public hearing on the proposed rule, the commission
1005
shall provide a notice of proposed rulemaking:
1006
(a) On the website of the commission or on an
other
publicly
1007
accessible platform
;
1008
(b) To persons who have requested notice of the
1009
commission’s notices of proposed rulemaking
; and
1010
(c) In
any
other
manner
as
specified by
commission rule.
1011
(8) The notice of proposed rulemaking
must
include
all of
1012
the following
:
1013
(a) The time, date, and location of the public hearing at
1014
which the commission will hear public comments on the proposed
1015
rule and, if different, the time, date, and location of the
1016
meeting where the commission will consider and vote on the
1017
proposed rule.
1018
(b) If the hearing is held
through
telecommunication, video
1019
conference, or other similar electronic means, the mechanism for
1020
accessing
the hearing must be included in the notice of proposed
1021
rulemaking.
1022
(c) The text of the proposed rule and the
reasons
1023
necessitating the rule
.
1024
(d) A request for comments on the proposed rule from any
1025
interested person.
1026
(e) The manner in which interested persons may submit
1027
written comments.
1028
(9) All hearings
must
be recorded. A copy of the recording
1029
and all written comments and documents received by the
1030
commission in response to the proposed rule
must
be
made
1031
available to the public.
1032
(10) This article does not
requir
e a separate hearing on
1033
each rule. Rules may be grouped for the convenience of the
1034
commission at hearings required by this article.
1035
(11) The commission shall, by majority vote of all members,
1036
take final action on the proposed rule based on the rulemaking
1037
record and the full text of the rule.
1038
(a) The commission may adopt changes to the proposed rule
1039
if
the changes do not
expand
the original purpose of the
1040
proposed rule.
1041
(b) The commission shall provide an explanation of the
1042
reasons for substantive changes made to the proposed rule as
1043
well as
the
reasons why substantive changes recommended by
1044
commenters
were not made
.
1045
(c) The commission shall
set
a reasonable effective date
1046
for
each
rule. Except for an emergency as provided in subsection
1047
(12), the effective date of the rule
must
be
at least
30 days
1048
after the commission
issues
the
notice of
rule
adoption or
1049
amendment
.
1050
(12) Upon determination that an emergency exists, the
1051
commission may consider and adopt an emergency rule with 48
1052
hours’ notice, with opportunity to comment, provided that the
1053
usual rulemaking procedures provided in the compact and in this
1054
article are retroactively applied to the rule as soon as
1055
reasonably possible, but in no event later than 90 days after
1056
the effective date of the rule. For purposes of this subsection,
1057
an emergency rule is one that must be adopted immediately in
1058
order to:
1059
(a) Meet an imminent threat to public health, safety, or
1060
welfare;
1061
(b) Prevent a loss of commission or member state funds;
1062
(c) Meet a deadline for the adoption of a rule which is
1063
established by federal law or rule; or
1064
(d) Protect public health and safety.
1065
(13) The commission or an authorized committee of the
1066
commission may direct revisions to a previously adopted rule for
1067
purposes of correcting typographical errors, errors in format,
1068
errors in consistency, or grammatical errors. Public notice of
1069
any revision
must
be posted on the
commission’s
website
.
The
1070
revision
is
subject to challenge by any person for a period of
1071
30 days after posting. The revision may be challenged only on
1072
the
grounds that the revision results in a material change to a
1073
rule. A challenge
must
be made in writing and delivered to the
1074
commission
before
the end of the notice period. If
a
challenge
1075
is
not
made, the revision will take effect without further
1076
action. If the revision is challenged, the revision may not take
1077
effect without the approval of the commission.
1078
(14)
A member state’s rulemaking requirements do not apply
1079
under this compact.
1080
1081
ARTICLE XIII
1082
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
1083
1084
(1)(a)
The executive and judicial branches of state
1085
government in each member state shall enforce
the
compact and
1086
take all actions necessary to implement the compact.
1087
(b)
Except as otherwise provided in
the
compact, venue is
1088
proper and judicial proceedings by or against the commission
1089
shall be brought solely and exclusively in a court of competent
1090
jurisdiction where the principal office of the commission is
1091
located. The commission may waive venue and jurisdictional
1092
defenses to the extent that it adopts or consents to participate
1093
in alternative dispute resolution proceedings.
This paragraph
1094
does not
affect or limit the selection or propriety of venue in
1095
any action against a licensee for professional malpractice,
1096
misconduct, or any such similar matter.
1097
(c)
The commission
is
entitled to receive service of
1098
process in any proceeding regarding the enforcement or
1099
interpretation of the compact and
has
standing to intervene in
1100
such a proceeding for all purposes. Failure to provide the
1101
commission service of process
renders
a judgment or an order
1102
void as to the commission,
the
compact, or adopted rules.
1103
(2)(a) If the commission determines that a member state has
1104
defaulted in the performance of its obligations or
1105
responsibilities under
the
compact or the adopted rules, the
1106
commission must provide written notice to the defaulting state.
1107
The notice of default
must
describe the default, the proposed
1108
means of curing the default, and any other action that the
1109
commission may take, and
must
offer training and specific
1110
technical assistance regarding the default.
1111
(b) The commission shall provide a copy of the notice of
1112
default to the other member states.
1113
(c) If a state in default fails to cure the default, the
1114
defaulting state may be terminated from the compact upon an
1115
affirmative vote of a majority of the delegates of the member
1116
states, and all rights, privileges, and benefits conferred on
1117
that state by
the
compact may be terminated on the effective
1118
date of termination. A cure of the default does not relieve the
1119
offending state of obligations or liabilities incurred during
1120
the period of default.
1121
(d) Termination of membership in the compact
may
be imposed
1122
only after all other means of securing compliance have been
1123
exhausted. The commission shall give notice of intent to suspend
1124
or terminate to the Governor of the defaulting state, the
1125
majority and minority leaders of the defaulting state’s
1126
legislature, the defaulting state’s licensing authority, and the
1127
licensing authority of each member state.
1128
(e) A state that has its membership terminated from the
1129
compact is responsible for all assessments, obligations, and
1130
liabilities incurred through the effective date of termination,
1131
including obligations that extend beyond the effective date of
1132
termination.
1133
(f) Upon the termination of a state’s membership from
the
1134
compact, that state shall immediately provide notice to all
1135
licensees within that state of such termination. The terminated
1136
state shall continue to recognize all licenses granted
under the
1137
compact for
at least
180 days after the date of
the
notice of
1138
termination.
1139
(g) The commission
does
not bear any costs related to a
1140
state that is found to be in default or that has been terminated
1141
from the compact, unless agreed upon in writing between the
1142
commission and the defaulting state.
1143
(h) The defaulting state may appeal the action of the
1144
commission by petitioning the United States District Court for
1145
the District of Columbia or the federal district where the
1146
commission has its principal offices. The prevailing party shall
1147
be awarded all costs of such litigation, including reasonable
1148
attorney fees.
1149
(
3
)
(a)
Upon request by a member state, the commission shall
1150
attempt to resolve disputes related to the compact
which
arise
1151
among member states and between member and nonmember states.
1152
(b) The commission shall adopt a rule providing for both
1153
mediation and binding dispute resolution for disputes
,
as
1154
appropriate.
1155
(
4
)
(a) By majority vote as provided by rule, the commission
1156
may initiate legal action against a member state in default in
1157
the United States District Court for the District of Columbia or
1158
the federal district where the commission has its principal
1159
offices to enforce compliance with the compact and its adopted
1160
rules. The relief sought may include both injunctive relief and
1161
damages. In the event judicial enforcement is necessary, the
1162
prevailing party shall be awarded all costs of such litigation,
1163
including reasonable attorney fees. The remedies herein
are
not
1164
the exclusive remedies of the commission. The commission may
1165
pursue any other remedies available under federal law or the
1166
defaulting member state’s law.
1167
(b) A member state may initiate legal action against the
1168
commission in the United States District Court for the District
1169
of Columbia or the federal district where the commission has its
1170
principal offices to enforce compliance with the compact and its
1171
adopted rules. The relief sought may include both injunctive
1172
relief and damages. In the event judicial enforcement is
1173
necessary, the prevailing party shall be awarded all costs of
1174
such litigation, including reasonable attorney fees.
1175
(c) Only a member state may
seek enforcement of the
compact
1176
against the commission.
1177
1178
ARTICLE XIV
1179
EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
1180
1181
(1) The compact
becomes effective
on the date the compact
1182
statute is enacted into law in the seventh member state.
1183
(2)(a) On or after the effective date of the compact, the
1184
commission shall convene and review the enactment of each of the
1185
first seven charter member states to determine whether the
1186
statute enacted by each such charter member state is materially
1187
different from the model compact
language
.
1188
1. A charter member state whose enactment is found to be
1189
materially different from the model compact
language is
entitled
1190
to the default process
set forth
in Article XIII.
1191
2. If any member state is later found to be in default or
1192
is terminated or withdraws from the compact, the commission
1193
remains
in existence and the compact
remains
in effect even if
1194
the number of member states
is
less than seven.
1195
(b) Member states enacting the compact
after
the seven
1196
initial charter member states
are
subject to the process
set
1197
forth
in paragraph (3)(u) of Article X to determine whether
1198
their enactments are materially different from the model compact
1199
language
and whether they qualify for participation in the
1200
compact.
1201
(c) All actions taken for the benefit of the commission or
1202
in furtherance of administration of the compact
before
the
1203
effective date of the compact or the commission coming into
1204
existence
are
considered to be actions of the commission unless
1205
specifically repudiated by the commission.
1206
(d) Any state that joins the compact subsequent to the
1207
commission’s initial adoption of the rules and bylaws
is
subject
1208
to the rules and bylaws as they exist on the date on which the
1209
compact becomes law in that state. Any rule that has been
1210
previously adopted by the commission
has
the full force and
1211
effect of law on the day the compact becomes law in that state.
1212
(3) Any member state may withdraw from
the
compact by
1213
enacting a statute repealing the
compact
.
1214
(a) A member state’s withdrawal
does
not take effect until
1215
180 days after enactment of the repealing statute.
1216
(b) Withdrawal
does
not affect the continuing requirement
1217
of the withdrawing state’s licensing authority to comply with
1218
the investigative and adverse action reporting requirements of
1219
the
compact before the effective date of withdrawal.
1220
(c) Upon enactment of a statute repealing
th
e compact, a
1221
state shall immediately provide notice of such withdrawal to all
1222
licensees within that state. Notwithstanding any subsequent
1223
statutory enactment to the contrary, such withdrawing state
must
1224
continue to recognize all licenses granted
under the
compact for
1225
at least
180 days after the date of such notice of withdrawal.
1226
(4) The compact does not invalidate or prevent any
1227
licensure agreement or other cooperative arrangement between a
1228
member state and a nonmember state
which
does not conflict with
1229
the compact.
1230
(5) The compact may be amended by the member states.
An
1231
amendment to
the
compact
does
not
become
effective and binding
1232
on
any member state until it is enacted into the laws of all
1233
member states.
1234
1235
ARTICLE XV
1236
CONSTRUCTION AND SEVERABILITY
1237
1238
(1) The compact and the commission’s rulemaking authority
1239
shall be liberally construed so as to effectuate the purposes
,
1240
implementation
,
and administration of the compact. Provisions of
1241
the compact expressly authorizing or requiring the adoption of
1242
rules may not be construed to limit the commission’s rulemaking
1243
authority solely for those purposes.
1244
(2) The provisions of
the
compact
are
severable, and, if
1245
any phrase, clause, sentence, or provision of
the
compact is
1246
held by a court of competent jurisdiction to be contrary to the
1247
constitution of any member state, of a state seeking
1248
participation in the compact, or of the United States, or the
1249
applicability
thereof to any government, agency, person, or
1250
circumstance is held to be unconstitutional by a court of
1251
competent jurisdiction, the validity of the remainder of
the
1252
compact and the applicability thereof to any other government,
1253
agency, person, or circumstance
is
not affected.
1254
(3) Notwithstanding subsection (2), the commission may deny
1255
a state’s participation in the compact, or may terminate a
1256
member state’s participation in the compact
in accordance with
1257
the requirements of
subsection (
2
) of Article XIII
, if it
1258
determines that a constitutional requirement of a member state
1259
is a material departure from the compact. Otherwise, if
the
1260
compact
is
held to be contrary to the constitution of any member
1261
state, the compact
remains
in full force and effect as to the
1262
remaining member states and in full force and effect as to the
1263
member state affected as to all severable matters.
1264
1265
ARTICLE XVI
1266
CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
1267
1268
(1) A licensee providing services in a remote state under a
1269
multistate authorization to practice shall adhere to the laws
1270
and regulations, including applicable standards, of the remote
1271
state where the client is located at the time care is rendered.
1272
(2
)
The compact does not
prevent or inhibit the enforcement
1273
of any other law of a member state
which
is not inconsistent
1274
with the compact.
1275
(3) Any law, statute, regulation, or other legal
1276
requirement in a member state in conflict with the compact are
1277
superseded to the extent of the conflict.
1278
(4) All permissible agreements between the commission and
1279
the member states are binding in accordance with their terms.
1280 Section 2. Paragraph (b) of subsection (10) of section
1281 456.073, Florida Statutes, is amended to read:
1282 456.073 Disciplinary proceedings.—Disciplinary proceedings
1283 for each board shall be within the jurisdiction of the
1284 department.
1285 (10)
1286 (b) The department shall report any significant
1287 investigation information relating to a nurse holding a
1288 multistate license to the coordinated licensure information
1289 system pursuant to s. 464.0095; any investigative information
1290 relating to an audiologist or a speech-language pathologist
1291 holding a compact privilege under the Audiology and Speech
1292 Language Pathology Interstate Compact to the data system
1293 pursuant to s. 468.1335; any investigative information relating
1294 to a physical therapist or physical therapist assistant holding
1295 a compact privilege under the Physical Therapy Licensure Compact
1296 to the data system pursuant to s. 486.112; any significant
1297 investigatory information relating to a psychologist practicing
1298 under the Psychology Interjurisdictional Compact to the
1299 coordinated licensure information system pursuant to s.
1300 490.0075;
and
any significant investigatory information relating
1301 to a health care practitioner practicing under the Professional
1302 Counselors Licensure Compact to the data system pursuant to s.
1303 491.017
;
and any
significant investigative information
relating
1304
to a clinical social worker practicing under the Social Work
1305
Licensure
Interstate
Compact to the data system pursuant to s.
1306
491.022
.
1307 Section 3. Subsection (5) of section 456.076, Florida
1308 Statutes, is amended to read:
1309 456.076 Impaired practitioner programs.—
1310 (5) A consultant shall enter into a participant contract
1311 with an impaired practitioner and shall establish the terms of
1312 monitoring and shall include the terms in a participant
1313 contract. In establishing the terms of monitoring, the
1314 consultant may consider the recommendations of one or more
1315 approved evaluators, treatment programs, or treatment providers.
1316 A consultant may modify the terms of monitoring if the
1317 consultant concludes, through the course of monitoring, that
1318 extended, additional, or amended terms of monitoring are
1319 required for the protection of the health, safety, and welfare
1320 of the public. If the impaired practitioner is an audiologist or
1321 a speech-language pathologist practicing under the Audiology and
1322 Speech-Language Pathology Interstate Compact pursuant to s.
1323 468.1335, a physical therapist or physical therapist assistant
1324 practicing under the Physical Therapy Licensure Compact pursuant
1325 to s. 486.112, a psychologist practicing under the Psychology
1326 Interjurisdictional Compact pursuant to s. 490.0075,
or
a health
1327 care practitioner practicing under the Professional Counselors
1328 Licensure Compact pursuant to s. 491.017,
or a clinical social
1329
worker practicing under the Social Work Licensure Interstate
1330
Compact pursuant to s. 491.022,
the terms of the monitoring
1331 contract must include the impaired practitioner’s withdrawal
1332 from all practice under the compact unless authorized by a
1333 member state.
1334 Section 4. Subsection (9) is added to section 491.004,
1335 Florida Statutes, to read:
1336 491.004 Board of Clinical Social Work, Marriage and Family
1337 Therapy, and Mental Health Counseling.—
1338
(9
)
The board shall appoint an individual to serve as the
1339
state’s delegate on the Social Work Licensure Compact
1340
Commission, as required under s. 491.022.
1341 Section 5. Subsection (6) of section 491.005, Florida
1342 Statutes, is amended to read:
1343 491.005 Licensure by examination.—
1344 (6)
EXEMPTIONS
EXEMPTION
.—
1345
(a)
A person licensed as a clinical social worker, marriage
1346 and family therapist, or mental health counselor in another
1347 state who is practicing under the Professional Counselors
1348 Licensure Compact pursuant to s. 491.017, and only within the
1349 scope provided therein, is exempt from the licensure
1350 requirements of this section, as applicable.
1351
(b)
A person licensed as a
clinical social worker
in
1352
another state who is practicing under the
Social Work
Licensure
1353
Interstate
Compact pursuan
t to s. 491.022
, and only within the
1354
scope provided therein
, is exempt from the licensure
1355
requirements of this section, as applicable.
1356 Section 6. Subsection (4) is added to section 491.006,
1357 Florida Statutes, to read:
1358 491.006 Licensure or certification by endorsement.—
1359
(4)
A person licensed as a clinical social worker in
1360
another state who is practicing under the Social Work Licensure
1361
Interstate Compact pursuant to s. 491.022, and only within the
1362
scope provided therein, is exempt from the licensure
1363
requirements of this section, as applicable
.
1364 Section 7. Section 491.009, Florida Statutes, is amended to
1365 read:
1366 491.009 Discipline.—
1367 (1) The following acts constitute grounds for denial of a
1368 license or disciplinary action, as specified in s. 456.072(2)
,
1369
or
s. 491.017
, or s. 491.022
:
1370 (a) Attempting to obtain, obtaining, or renewing a license,
1371 registration, or certificate under this chapter by bribery or
1372 fraudulent misrepresentation or through an error of the board or
1373 the department.
1374 (b) Having a license, registration, or certificate to
1375 practice a comparable profession revoked, suspended, or
1376 otherwise acted against, including the denial of certification
1377 or licensure by another state, territory, or country.
1378 (c) Being convicted or found guilty of, regardless of
1379 adjudication, or having entered a plea of nolo contendere to, a
1380 crime in any jurisdiction which directly relates to the practice
1381 of his or her profession or the ability to practice his or her
1382 profession. However, in the case of a plea of nolo contendere,
1383 the board shall allow the person who is the subject of the
1384 disciplinary proceeding to present evidence in mitigation
1385 relevant to the underlying charges and circumstances surrounding
1386 the plea.
1387 (d) False, deceptive, or misleading advertising or
1388 obtaining a fee or other thing of value on the representation
1389 that beneficial results from any treatment will be guaranteed.
1390 (e) Advertising, practicing, or attempting to practice
1391 under a name other than one’s own.
1392 (f) Maintaining a professional association with any person
1393 who the applicant, licensee, registered intern, or
1394 certificateholder knows, or has reason to believe, is in
1395 violation of this chapter or of a rule of the department or the
1396 board.
1397 (g) Knowingly aiding, assisting, procuring, or advising any
1398 nonlicensed, nonregistered, or noncertified person to hold
1399 himself or herself out as licensed, registered, or certified
1400 under this chapter.
1401 (h) Failing to perform any statutory or legal obligation
1402 placed upon a person licensed, registered, or certified under
1403 this chapter.
1404 (i) Willfully making or filing a false report or record;
1405 failing to file a report or record required by state or federal
1406 law; willfully impeding or obstructing the filing of a report or
1407 record; or inducing another person to make or file a false
1408 report or record or to impede or obstruct the filing of a report
1409 or record. Such report or record includes only a report or
1410 record which requires the signature of a person licensed,
1411 registered, or certified under this chapter.
1412 (j) Paying a kickback, rebate, bonus, or other remuneration
1413 for receiving a patient or client, or receiving a kickback,
1414 rebate, bonus, or other remuneration for referring a patient or
1415 client to another provider of mental health care services or to
1416 a provider of health care services or goods; referring a patient
1417 or client to oneself for services on a fee-paid basis when those
1418 services are already being paid for by some other public or
1419 private entity; or entering into a reciprocal referral
1420 agreement.
1421 (k) Committing any act upon a patient or client which would
1422 constitute sexual battery or which would constitute sexual
1423 misconduct as defined pursuant to s. 491.0111.
1424 (l) Making misleading, deceptive, untrue, or fraudulent
1425 representations in the practice of any profession licensed,
1426 registered, or certified under this chapter.
1427 (m) Soliciting patients or clients personally, or through
1428 an agent, through the use of fraud, intimidation, undue
1429 influence, or a form of overreaching or vexatious conduct.
1430 (n) Failing to make available to a patient or client, upon
1431 written request, copies of tests, reports, or documents in the
1432 possession or under the control of the licensee, registered
1433 intern, or certificateholder which have been prepared for and
1434 paid for by the patient or client.
1435 (o) Failing to respond within 30 days to a written
1436 communication from the department or the board concerning any
1437 investigation by the department or the board, or failing to make
1438 available any relevant records with respect to any investigation
1439 about the licensee’s, registered intern’s, or
1440 certificateholder’s conduct or background.
1441 (p) Being unable to practice the profession for which he or
1442 she is licensed, registered, or certified under this chapter
1443 with reasonable skill or competence as a result of any mental or
1444 physical condition or by reason of illness; drunkenness; or
1445 excessive use of drugs, narcotics, chemicals, or any other
1446 substance. In enforcing this paragraph, upon a finding by the
1447 State Surgeon General, the State Surgeon General’s designee, or
1448 the board that probable cause exists to believe that the
1449 licensee, registered intern, or certificateholder is unable to
1450 practice the profession because of the reasons stated in this
1451 paragraph, the department shall have the authority to compel a
1452 licensee, registered intern, or certificateholder to submit to a
1453 mental or physical examination by psychologists, physicians, or
1454 other licensees under this chapter, designated by the department
1455 or board. If the licensee, registered intern, or
1456 certificateholder refuses to comply with such order, the
1457 department’s order directing the examination may be enforced by
1458 filing a petition for enforcement in the circuit court in the
1459 circuit in which the licensee, registered intern, or
1460 certificateholder resides or does business. The licensee,
1461 registered intern, or certificateholder against whom the
1462 petition is filed may not be named or identified by initials in
1463 any public court records or documents, and the proceedings shall
1464 be closed to the public. The department shall be entitled to the
1465 summary procedure provided in s. 51.011. A licensee, registered
1466 intern, or certificateholder affected under this paragraph shall
1467 at reasonable intervals be afforded an opportunity to
1468 demonstrate that he or she can resume the competent practice for
1469 which he or she is licensed, registered, or certified with
1470 reasonable skill and safety to patients.
1471 (q) Performing any treatment or prescribing any therapy
1472 which, by the prevailing standards of the mental health
1473 professions in the community, would constitute experimentation
1474 on human subjects, without first obtaining full, informed, and
1475 written consent.
1476 (r) Failing to meet the minimum standards of performance in
1477 professional activities when measured against generally
1478 prevailing peer performance, including the undertaking of
1479 activities for which the licensee, registered intern, or
1480 certificateholder is not qualified by training or experience.
1481 (s) Delegating professional responsibilities to a person
1482 who the licensee, registered intern, or certificateholder knows
1483 or has reason to know is not qualified by training or experience
1484 to perform such responsibilities.
1485 (t) Violating a rule relating to the regulation of the
1486 profession or a lawful order of the department or the board
1487 previously entered in a disciplinary hearing.
1488 (u) Failure of the licensee, registered intern, or
1489 certificateholder to maintain in confidence a communication made
1490 by a patient or client in the context of such services, except
1491 as provided in s. 491.0147.
1492 (v) Making public statements which are derived from test
1493 data, client contacts, or behavioral research and which identify
1494 or damage research subjects or clients.
1495 (w) Violating any provision of this chapter or chapter 456,
1496 or any rules adopted pursuant thereto.
1497 (2)(a) The board or, in the case of certified master social
1498 workers, the department may enter an order denying licensure or
1499 imposing any of the penalties authorized in s. 456.072(2)
1500 against any applicant for licensure or any licensee who violates
1501 subsection (1) or s. 456.072(1).
1502 (b) The board may take adverse action against a clinical
1503 social worker’s,
a
marriage and family therapist’s, or
a
mental
1504 health counselor’s privilege to practice under the Professional
1505 Counselors Licensure Compact pursuant to s. 491.017 and may
1506 impose any of the penalties in s. 456.072(2) if the clinical
1507 social worker, marriage and family therapist, or mental health
1508 counselor commits an act specified in subsection (1) or s.
1509 456.072(1).
1510
(c)
The board may take adverse action against a social
1511
worker’s multistate authorization to practice under the Social
1512
Work Licensure Compact pursuant to s.
491.022
and may impose any
1513
of the penalties in s. 456.072(2) if the social worker commits
1514
an act specified in subsection (1) or s. 456.072(1).
1515 Section 8. Paragraph (m) is added to subsection (10) of
1516 section 768.28, Florida Statutes, to read:
1517 768.28 Waiver of sovereign immunity in tort actions;
1518 recovery limits; civil liability for damages caused during a
1519 riot; limitation on attorney fees; statute of limitations;
1520 exclusions; indemnification; risk management programs.—
1521 (10)
1522
(
m
) For purposes of this section, the individual appointed
1523
under s. 491.004(9) as the state’s delegate on the Social Work
1524
Licensure Compact Commission, when serving in that capacity
1525
pursuant to s.
491.022
, and any administrator, officer,
1526
executive director, employee, or representative of the
1527
commission, when acting within the scope of his or her
1528
employment, duties, or responsibilities in this state, is
1529
considered an agent of the state. The commission shall pay any
1530
claim or judgment pursuant to this section and may maintain
1531
insurance coverage to pay any such claim or judgment.
1532 Section 9. This act shall take effect July 1, 2026.