SOCIAL WORK LICENSURE INTERSTATE COMPACT

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AN ACT
RELATING TO INTERGOVERNMENTAL AGREEMENTS; ENACTING THE SOCIAL
WORK LICENSURE INTERSTATE COMPACT; AMENDING THE SCOPE OF
SOCIAL WORK PRACTICE; AMENDING THE SOCIAL WORK PRACTICE ACT
TO PROVIDE FOR STATE AND FEDERAL CRIMINAL HISTORY BACKGROUND
CHECKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. SHORT TITLE.--Sections 1 through 16 of this
act may be cited as the "Social Work Licensure Interstate
Compact".
SECTION 2. DEFINITIONS.--As used in the Social Work
Interstate Licensure Compact:
A. "active military member" means any person with
full-time duty status in the active armed forces of the
United States, including members of the national guard and
reserve;
B. "adverse action" means any administrative,
civil, equitable or criminal action permitted by a state's
laws that is imposed by a licensing authority or other
authority against a regulated social worker, including an
action against a person's license or multistate authorization
to practice, such as revocation, suspension, probation,
monitoring of the licensee, limitation on the licensee's
practice, issuance of a cease and desist action or any other
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encumbrance on licensure affecting a regulated social
worker's authorization to practice;
C. "alternative program" means a non-disciplinary
monitoring or practice remediation process approved by a
licensing authority to address practitioners with an
impairment;
D. "charter member states" means member states who
have enacted legislation to adopt this compact before the
effective date of this compact as described in Section 14 of
the Social Work Interstate Licensure Compact;
E. "compact" means the Social Work Interstate
Licensure Compact;
F. "compact commission" or "commission" means the
joint government agency whose membership consists of all
states that have enacted this compact, which is known as the
social work licensure compact commission, as described in
Section 10 of this compact, and which shall operate as an
instrumentality of the member states;
G. "current significant investigative information"
means:
(1) investigative information that a
licensing authority, after a preliminary inquiry that
includes notification and an opportunity for the regulated
social worker to respond, has reason to believe is not
groundless and, if proved true, would indicate more than a
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minor infraction as may be defined by the commission; or
(2) investigative information that indicates
that the regulated social worker represents an immediate
threat to public health and safety, as may be defined by the
commission, regardless of whether the regulated social worker
has been notified and has had an opportunity to respond;
H. "data system" means a repository of information
about licensees, including continuing education, examination,
licensure, current significant investigative information,
disqualifying events, multistate licenses, adverse action
information or other information as required by the
commission;
I. "disqualifying event" means any adverse action
or incident that results in an encumbrance that disqualifies
or makes the licensee ineligible to either obtain, retain or
renew a multistate license;
J. "domicile" means the jurisdiction in which the
licensee resides and intends to remain indefinitely;
K. "encumbrance" means a revocation or suspension
of, or any limitation on, the full and unrestricted practice
of social work licensed and regulated by a licensing
authority;
L. "executive committee" means a group of
delegates elected or appointed to act on behalf of and within
the powers granted to them by the compact and commission;
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M. "home state" means the member state that is the
licensee's primary domicile;
N. "impairment" means a condition that may impair
a practitioner's ability to engage in full and unrestricted
practice as a regulated social worker without some type of
intervention and may include alcohol and drug dependence,
mental health impairment and neurological or physical
impairments;
O. "licensee" means a person who currently holds a
license from a member state to practice as a regulated social
worker;
P. "licensing authority" means the board or agency
of a member state, or equivalent, that is responsible for the
licensing and regulation of regulated social workers;
Q. "member state" means a state, commonwealth,
district or territory of the United States that has enacted
this compact;
R. "multistate authorization to practice" means a
legally authorized privilege to practice, which is equivalent
to a license, associated with a multistate license permitting
the practice of social work in a remote state;
S. "multistate license" means a license to
practice as a regulated social worker issued by a home state
licensing authority that authorizes the regulated social
worker to practice in all member states under multistate
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authorization to practice;
T. "qualifying national exam" means a national
licensing examination approved by the commission;
U. "regulated social worker" means any clinical,
master's or bachelor's social worker licensed by a member
state regardless of the title used by the member state;
V. "remote state" means a member state other than
the licensee's home state;
W. "rule" or "rule of the commission" means a
regulation or regulations duly promulgated by the commission,
as authorized by this compact;
X. "single state license" means a social work
license issued by any state that authorizes practice only
within the issuing state and does not include multistate
authorization to practice in any member state;
Y. "social work" or "social work services" means
the application of social work theory, knowledge, methods and
ethics and the professional use of self to restore or enhance
social, psychosocial or biopsychosocial functioning of
persons, couples, families, groups, organizations or
communities through the care and services provided by a
regulated social worker as set forth in the member state's
statutes and regulations in the state where the services are
being provided;
Z. "state" means any state, commonwealth, district
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or territory of the United States that regulates the practice
of social work; and
AA. "unencumbered license" means a license that
authorizes a regulated social worker to engage in the full
and unrestricted practice of social work.
SECTION 3. STATE PARTICIPATION IN THE COMPACT.--
A. To be eligible to participate in the compact, a
potential member state shall:
(1) license and regulate the practice of
social work at the clinical, master's or bachelor's category;
(2) require applicants for licensure to
graduate from a program that:
(a) is operated by a college or
university recognized by the licensing authority;
(b) is accredited, or in candidacy by
an institution that subsequently becomes accredited, by an
accrediting agency recognized by either: 1) the council for
higher education accreditation, or its successor; or 2) the
United States department of education; and
(c) corresponds to the level of
licensure sought by the applicant;
(3) require applicants for clinical
licensure to complete a period of supervised practice; and
(4) have a mechanism in place for receiving,
investigating and adjudicating complaints about licensees.
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B. To maintain membership in the compact, a member
state shall:
(1) require that applicants for a multistate
license pass a qualifying national exam for the corresponding
category of multistate license sought;
(2) participate fully in the commission's
data system, including using the commission's unique
identifier as defined in rules;
(3) notify the commission, in compliance
with the terms of the compact and rules, of any adverse
action or the availability of current significant
investigative information regarding a licensee;
(4) implement procedures for considering the
criminal history records of applicants for a multistate
license. The procedures shall include the submission of
fingerprints or other biometric-based information by
applicants for the purpose of obtaining an applicant's
criminal history record information from the federal bureau
of investigation and the agency responsible for retaining
that state's criminal records;
(5) comply with the rules of the commission;
(6) require an applicant to obtain or retain
a license in the home state and meet the home state's
qualifications for licensure or renewal of licensure, as well
as all other applicable home state laws;
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(7) authorize a licensee holding a
multistate license in any member state to practice in
accordance with the terms of this compact and rules of the
commission; and
(8) designate a delegate to participate in
the commission meetings.
C. A member state meeting the requirements of
Subsections A and B of this section shall designate the
categories of social work licensure that are eligible for
issuance of a multistate license for applicants in the member
state. To the extent that a member state does not meet the
requirements for participation in this compact at any
particular category of social work licensure, the member
state may, but is not obligated to, issue a multistate
license to applicants that otherwise meet the requirements of
Section 4 of the Social Work Licensure Interstate Compact for
issuance of a multistate license in that category or
categories of licensure.
D. The home state may charge a fee for granting
the multistate license.
SECTION 4. SOCIAL WORKER PARTICIPATION IN THE
COMPACT.--
A. To be eligible for a multistate license under
the terms and provisions of this compact, an applicant,
regardless of category, shall:
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(1) hold or be eligible for an active
unencumbered license in the home state;
(2) pay any applicable fees, including any
state fee, for the multistate license;
(3) submit, in connection with an
application for a multistate license, fingerprints or other
biometric data for the purpose of obtaining criminal history
record information from the federal bureau of investigation
and the agency responsible for retaining that state's
criminal records;
(4) notify the home state of any adverse
action, encumbrance or restriction on any professional
license taken by any member state or non-member state within
thirty days from the date the action is taken;
(5) meet any continuing competence
requirements established by the home state; and
(6) abide by the laws, regulations and
applicable standards in the member state where a client is
located at the time care is rendered.
B. An applicant for a clinical-category multistate
license shall:
(1) fulfill a competency requirement, which
shall be satisfied by:
(a) passage of a clinical-category
qualifying national exam;
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(b) licensure of the applicant in the
applicant's home state at the clinical category before the
qualifying national exam was required by the home state,
accompanied by a period of continuous social work licensure
thereafter, all of which may be further governed by the rules
of the commission; or
(c) the substantial equivalency of the
competency requirements established in this paragraph, which
the commission may determine by rule;
(2) attain at least a master's degree in
social work from a program that is:
(a) operated by a college or university
recognized by the licensing authority; and
(b) accredited, or in candidacy that
subsequently becomes accredited, by an accrediting agency
recognized by either the: 1) council for higher education
accreditation, or its successor; or 2) United States
department of education; and
(3) fulfill a practice requirement, which
shall be satisfied by demonstrating completion of either:
(a) a period of postgraduate supervised
clinical practice equal to a minimum of three thousand hours;
(b) a minimum of two years of full-time
postgraduate supervised clinical practice; or
(c) the substantial equivalency of the
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practice requirements established in this paragraph, which
the commission may determine by rule.
C. An applicant for a master's-category multistate
license shall:
(1) fulfill a competency requirement, which
shall be satisfied by:
(a) passage of a master's-category
qualifying national exam;
(b) licensure of the applicant in the
applicant's home state at the master's category before the
qualifying national exam was required by the home state,
accompanied by a period of continuous social work licensure
thereafter, all of which may be further governed by the rules
of the commission; or
(c) the substantial equivalency of the
competency requirements established in this paragraph, which
the commission may determine by rule; and
(2) attain at least a master's degree in
social work from a program that is:
(a) operated by a college or university
recognized by the licensing authority; and
(b) accredited, or in candidacy that
subsequently becomes accredited, by an accrediting agency
recognized by either the: 1) council for higher education
accreditation, or its successor; or 2) United States
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department of education.
D. An applicant for a bachelor's-category
multistate license shall:
(1) fulfill a competency requirement, which
shall be satisfied by:
(a) passage of a bachelor's-category
qualifying national exam;
(b) licensure of the applicant in the
applicant's home state at the bachelor's category before the
qualifying national exam was required by the home state,
accompanied by a period of continuous social work licensure
thereafter, all of which may be further governed by the rules
of the commission; or
(c) the substantial equivalency of the
competency requirements established in this paragraph, which
the commission may determine by rule; and
(2) attain at least a bachelor's degree in
social work from a program that is:
(a) operated by a college or university
recognized by the licensing authority; and
(b) accredited, or in candidacy that
subsequently becomes accredited, by an accrediting agency
recognized by either the: 1) council for higher education
accreditation, or its successor; or 2) United States
department of education.
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E. The multistate license for a regulated social
worker is subject to the renewal requirements of the home
state. The regulated social worker shall maintain compliance
with the requirements of Subsection A of this section to be
eligible to renew a multistate license.
F. A regulated social worker's services in a
remote state are subject to that member state's regulatory
authority. A remote state may, in accordance with due
process and that member state's laws, remove a regulated
social worker's multistate authorization to practice in the
remote state for a specific period of time, impose fines and
take any other necessary actions to protect the health and
safety of its citizens.
G. If a multistate license is encumbered, the
regulated social worker's multistate authorization to
practice shall be deactivated in all remote states until the
multistate license is no longer encumbered.
H. If a multistate authorization to practice is
encumbered in a remote state, the regulated social worker's
multistate authorization to practice may be deactivated in
that state until the multistate authorization to practice is
no longer encumbered.
SECTION 5. ISSUANCE OF A MULTISTATE LICENSE.--
A. Upon receipt of an application for a multistate
license, the home state licensing authority shall determine
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an applicant's eligibility for a multistate license in
accordance with Section 4 of the Social Work Licensure
Interstate Compact.
B. If an applicant is eligible for a multistate
license, the home state licensing authority shall issue a
multistate license that authorizes the applicant to practice
in all member states under a multistate authorization to
practice.
C. Upon issuance of a multistate license, the home
state licensing authority shall designate whether the
regulated social worker holds a multistate license in the
bachelor's, master's or clinical category of social work.
D. A multistate license issued by a home state to
a resident in that state shall be recognized by all member
states as authorizing social work practice under a multistate
authorization to practice corresponding to each category of
licensure regulated in each member state.
SECTION 6. AUTHORITY OF COMPACT COMMISSION AND MEMBER
STATE LICENSING AUTHORITIES.--
A. Nothing in the Social Work Licensure Interstate
Compact, nor any rule of the commission, shall be construed
to limit, restrict or in any way reduce the ability of a
member state to enact and enforce laws, regulations or other
rules related to the practice of social work in that state,
where those laws, regulations or other rules are not
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inconsistent with the provisions of the Social Work Licensure
Interstate Compact.
B. Nothing in the Social Work Licensure Interstate
Compact shall affect the requirements established by a member
state for the issuance of a single state license.
C. Nothing in the Social Work Licensure Interstate
Compact, nor any rule of the commission, shall be construed
to limit, restrict or in any way reduce the ability of a
member state to take adverse action against a licensee's
single state license to practice social work in that state.
D. Nothing in the Social Work Licensure Interstate
Compact, nor any rule of the commission, shall be construed
to limit, restrict or in any way reduce the ability of a
remote state to take adverse action against a licensee's
multistate authorization to practice in that state.
E. Nothing in the Social Work Licensure Interstate
Compact, nor any rule of the commission, shall be construed
to limit, restrict or in any way reduce the ability of a
licensee's home state to take adverse action against a
licensee's multistate license based upon information provided
by a remote state.
SECTION 7. REISSUANCE OF A MULTISTATE LICENSE BY A NEW
HOME STATE.--
A. A licensee can hold a multistate license issued
by the licensee's home state in only one member state at any
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given time.
B. If a licensee changes the licensee's home state
by moving between two member states:
(1) the licensee shall immediately apply for
the reissuance of the licensee's multistate license in the
licensee's new home state. The licensee shall pay all
applicable fees and notify the prior home state in accordance
with the rules of the commission;
(2) upon receipt of an application to
reissue a multistate license, the new home state shall verify
that the multistate license is active, unencumbered and
eligible for reissuance under the terms of the compact and
the rules of the commission. The multistate license issued
by the prior home state shall be deactivated, and all member
states shall be notified in accordance with the applicable
rules adopted by the commission;
(3) prior to the reissuance of the
multistate license, the new home state shall conduct
procedures for considering the criminal history records of
the licensee. The procedures shall include the submission of
fingerprints or other biometric-based information by
applicants for the purpose of obtaining an applicant's
criminal history record information from the federal bureau
of investigation and the agency responsible for retaining
that state's criminal records;
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(4) if required for initial licensure, the
new home state may require completion of jurisprudence
requirements in the new home state; and
(5) notwithstanding any other provision of
this compact, if a licensee does not meet the requirements
set forth in this compact for the reissuance of a multistate
license by the new home state, the licensee shall be subject
to the new home state requirements for the issuance of a
single state license in that state.
C. If a licensee changes the licensee's primary
state of residence by moving from a member state to a non-
member state, or from a non-member state to a member state,
then the licensee shall be subject to the state requirements
for the issuance of a single state license in the new home
state.
D. Nothing in the Social Work Licensure Interstate
Compact shall interfere with a licensee's ability to hold a
single state license in multiple states; provided that, for
the purposes of the Social Work Licensure Interstate Compact,
a licensee shall have only one home state and only one
multistate license.
E. Nothing in the Social Work Licensure Interstate
Compact shall interfere with the requirements established by
a member state for the issuance of a single state license.
SECTION 8. MILITARY FAMILIES.--An active military
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member or the spouse of an active military member shall
designate a home state where the individual has a multistate
license. The active military member or the spouse of an
active military member may retain the home state designation
during the period the service member is on active duty.
SECTION 9. ADVERSE ACTIONS.--
A. In addition to the powers conferred by state
law, a remote state shall have the authority, in accordance
with state due process law, to take adverse action against a
regulated social worker's multistate authorization to
practice only within the member state and issue subpoenas for
both hearings and investigations that require the attendance
and testimony of witnesses as well as the production of
evidence. Subpoenas issued by a licensing authority in a
member state for the attendance and testimony of witnesses or
the production of evidence from another member state shall be
enforced in the latter state by any court of competent
jurisdiction, according to the practice and procedure of that
court applicable to subpoenas issued in proceedings pending
before it, but only to the extent that both states agree to
and are participating in a joint investigation pursuant to
the Social Work Licensure Interstate Compact. The issuing
licensing authority shall pay any witness fees, travel
expenses, mileage and other fees required by the service
statutes of the state in which the witnesses or evidence are
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located. Only the home state shall have the power to take
adverse action against a regulated social worker's multistate
license.
B. For purposes of taking adverse action, the home
state shall give the same priority and effect to reported
conduct received from a member state as it would if the
conduct had occurred within the home state. The home state
shall apply its own state laws to determine the appropriate
action.
C. The home state shall complete any pending
investigations of a regulated social worker who changes the
regulated social worker's home state during the course of the
investigations. The home state shall also have the authority
to take appropriate action and shall promptly report the
conclusions of the investigations to the administrator of the
data system. The administrator of the data system shall
promptly notify the new home state of any adverse actions.
D. A member state, if otherwise permitted by state
law, may recover from the affected regulated social worker
the costs of investigation and dispositions of cases
resulting from any adverse action taken against that
regulated social worker.
E. A member state may take adverse action based on
the factual findings of another member state; provided that
the member state follows its own procedures for taking the
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adverse action.
F. In addition to the authority granted to a
member state by the member state's respective social work
practice act or other applicable state law, any member state
may participate with other member states in joint
investigation of licensees. Member states shall share any
investigative, litigation or compliance materials in
furtherance of any joint or individual investigation
initiated under this compact.
G. If adverse action is taken by the home state
against the multistate license of a regulated social worker,
the regulated social worker's multistate authorization to
practice in all other member states shall be deactivated
until all encumbrances have been removed from the multistate
license. All home state disciplinary orders that impose
adverse action against the license of a regulated social
worker shall include a statement that the regulated social
worker's multistate authorization to practice is deactivated
in all member states until all conditions of the decision,
order or agreement are satisfied.
H. If a member state takes adverse action, it
shall promptly notify the administrator of the data system.
The administrator of the data system shall promptly notify
the home state and all other member states of any adverse
actions by remote states.
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I. Nothing in the Social Work Licensure Interstate
Compact shall override a member state's decision that
participation in an alternative program may be used in lieu
of adverse action.
J. Nothing in the Social Work Licensure Interstate
Compact shall authorize a member state to demand the issuance
of subpoenas for attendance and testimony of witnesses or the
production of evidence from another member state for lawful
actions within that member state.
K. Nothing in the Social Work Licensure Interstate
Compact shall authorize a member state to impose discipline
against a regulated social worker who holds a multistate
authorization to practice for lawful actions within another
member state.
SECTION 10. ESTABLISHMENT OF SOCIAL WORK LICENSURE
COMPACT COMMISSION.--
A. The compact member states hereby create and
establish a joint government agency whose membership consists
of all member states that have enacted the compact, known as
the "social work licensure compact commission". The
commission is an instrumentality of the member states acting
jointly and not an instrumentality of any one state. The
commission shall come into existence on or after the
effective date of this compact as set forth in Section 14 of
the Social Work Licensure Interstate Compact.
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B. The commission shall satisfy each of the
following requirements with respect to membership, voting and
meetings:
(1) each member state shall have and be
limited to one delegate selected by the member state's
licensing authority. The delegate shall be either:
(a) a current member of the state
licensing authority at the time of appointment who is a
regulated social worker or public member of the state
licensing authority; or
(b) an administrator of the state
licensing authority or the administrator's designee;
(2) the commission shall by rule or bylaw
establish a term of office for delegates and may by rule or
bylaw establish term limits;
(3) the commission may recommend removal or
suspension of any delegate from office;
(4) a member state's licensing authority
shall fill any vacancy of its delegate within sixty days of
the vacancy;
(5) each delegate shall be entitled to one
vote on all matters before the commission requiring a vote by
commission delegates;
(6) a delegate shall vote in person or by
other means as provided by the commission's bylaws. The
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commission may allow delegates to meet by telecommunication,
video conference or other means of communication; and
(7) the commission shall meet at least once
during each calendar year. Additional meetings may be held
as set forth in the commission's bylaws. The commission may
meet by telecommunication, video conference or other similar
electronic means.
C. The commission shall have the power to:
(1) establish the fiscal year of the
commission;
(2) establish a code of conduct and conflict
of interest policies;
(3) establish and amend rules and bylaws;
(4) maintain the commission's financial
records in accordance with the bylaws;
(5) meet and take actions that are
consistent with the provisions of this compact, the
commission's rules and the bylaws;
(6) initiate and conclude legal proceedings
or actions in the name of the commission; provided that the
standing of any state licensing board to sue or be sued under
applicable law shall not be affected;
(7) maintain and certify records and
information provided to a member state as the authenticated
business records of the commission and designate an agent to
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do so on the commission's behalf;
(8) purchase and maintain insurance and
bonds;
(9) borrow, accept or contract for services
of personnel, including employees of a member state;
(10) conduct an annual financial review;
(11) hire employees, elect or appoint
officers, fix compensation, define duties, grant persons
appropriate authority to carry out the purposes of this
compact and establish the commission's personnel policies and
programs relating to conflicts of interest, qualification of
personnel and other related personnel matters;
(12) assess and collect fees;
(13) accept any and all appropriate gifts,
donations, grants of money, other sources of revenue,
equipment, supplies, materials and services and receive,
utilize and dispose of the same; provided that at all times
the commission shall avoid any appearance of impropriety or
conflict of interest;
(14) lease, purchase, retain, own, hold,
improve or use any property real, personal or mixed or any
undivided interest therein;
(15) sell, convey, mortgage, pledge, lease,
exchange, abandon or otherwise dispose of any property real,
personal or mixed;
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(16) establish a budget and make
expenditures;
(17) borrow money;
(18) appoint committees, including standing
committees, composed of members, state regulators, state
legislators or their representatives, consumer
representatives and other interested persons as may be
designated in this compact and the commission's bylaws;
(19) provide and receive information from,
and cooperate with, law enforcement agencies;
(20) establish and elect an executive
committee, including a chair and a vice chair;
(21) determine whether a state's adopted
language is materially different from the model compact
language such that the state would not qualify for
participation in the compact; and
(22) perform other functions as may be
necessary or appropriate to achieve the purposes of this
compact.
D. The executive committee established by the
commission shall:
(1) have the power to act on behalf of the
commission according to the terms of this compact. The
powers, duties and responsibilities of the executive
committee shall include:
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(a) overseeing the day-to-day
activities of the administration of the compact, including
enforcement and compliance with the provisions of this
compact, the commission's rules and bylaws and other duties
as deemed necessary;
(b) recommending to the commission
changes to the rules or bylaws, changes to this compact
legislation, fees charged to member states, fees charged to
licensees and other fees;
(c) ensuring compact administration
services are appropriately provided, including by contract;
(d) preparing and recommending the
commission's budget;
(e) maintaining financial records on
behalf of the commission;
(f) monitoring compact compliance of
member states and providing reports to the commission;
(g) establishing additional committees
as necessary;
(h) exercising the powers and duties of
the commission during the interim between commission
meetings, except for adopting or amending rules, adopting or
amending bylaws and exercising any other powers and duties
expressly reserved to the commission by rule or bylaw; and
(i) other duties as provided in the
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rules or bylaws of the commission;
(2) be composed of up to eleven members, as
follows:
(a) the chair and vice chair of the
commission shall be voting members of the executive
committee;
(b) the commission shall elect five
voting members from the current membership of the commission;
(c) up to four ex-officio, nonvoting
members from four recognized social work organizations. The
ex-officio members shall be selected by their respective
organizations; and
(d) the commission may remove any
member of the executive committee as provided in the
commission's bylaws; and
(3) meet at least annually, and:
(a) executive committee meetings shall
be open to the public, except that the executive committee
may meet in a closed, nonpublic meeting as provided in
Subsection G of this section;
(b) the executive committee shall give
seven days' notice of its meetings, posted on the committee's
website and as determined to provide notice to persons with
an interest in the business of the commission; and
(c) the executive committee may hold a
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special meeting in accordance with Paragraph (2) of
Subsection F of this section.
E. The commission shall adopt and provide an
annual report to the member states.
F. All meetings of the commission shall be open to
the public, except that the commission may meet in a closed,
nonpublic meeting as provided in Subsection G of this
section. The commission:
(1) shall provide public notice for all
meetings in the same manner as required for notice of
rulemaking under the provisions of Section 12 of the Social
Work Licensure Interstate Compact, except that the commission
may hold a special meeting as provided in Paragraph (2) of
this subsection; and
(2) may hold a special meeting when it must
meet to conduct emergency business by giving forty-eight
hours' notice to all commissioners on the commission's
website and by other means as provided in the commission's
rules. The commission's legal counsel shall certify that the
commission's need to meet qualifies as an emergency.
G. The commission, executive committee or other
committees of the commission may convene in a closed,
nonpublic meeting for the commission, executive committee or
other committee of the commission to receive legal advice or
to discuss:
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(1) noncompliance of a member state with its
obligations under the compact;
(2) the employment, compensation, discipline
or other matters, practices or procedures related to specific
employees;
(3) current or threatened discipline of a
licensee by the commission or by a member state's licensing
authority;
(4) current, threatened or reasonably
anticipated litigation;
(5) negotiation of contracts for the
purchase, lease or sale of goods, services or real estate;
(6) accusing any person of a crime or
formally censuring any person;
(7) trade secrets or commercial or financial
information that is privileged or confidential;
(8) investigative records compiled for law
enforcement purposes;
(9) information related to any investigative
reports prepared by or on behalf of or for use of the
commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant
to this compact;
(10) matters specifically exempted from
disclosure by federal or member state law; or
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(11) other matters as promulgated by the
commission by rule.
H. If a meeting or portion of a meeting is closed,
the presiding officer shall state that the meeting will be
closed and reference each relevant exempting provision, and
the reference shall be recorded in the minutes.
I. The commission shall keep minutes that fully
and clearly describe all matters discussed in a meeting and
shall provide a full and accurate summary of actions taken
and the reasons for taking the actions, including a
description of the views expressed. All documents considered
in connection with an action shall be identified in the
minutes. All minutes and documents of a closed meeting shall
remain under seal, subject to release only by a majority vote
of the commission or order of a court of competent
jurisdiction.
J. With respect to financing, the commission:
(1) shall pay or provide for the payment of
the reasonable expenses of its establishment, organization
and ongoing activities;
(2) may accept any and all appropriate
revenue sources as provided in Paragraph (13) of Subsection C
of this section;
(3) may levy on and collect an annual
assessment from each member state and impose fees on
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licensees of member states to whom it grants a multistate
license to cover the cost of the operations and activities of
the commission and its staff, which shall be in a total
amount sufficient to cover the commission's annual budget for
which revenue is not provided by other sources. The
aggregate annual assessment amount for member states shall be
allocated based upon a formula that the commission shall
promulgate by rule;
(4) shall not incur obligations of any kind
prior to securing the funds adequate to meet the obligations;
nor shall the commission pledge the credit of any of the
member states, except by and with the authority of the member
state; and
(5) shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements
of the commission shall be subject to the financial review
and accounting procedures established under the commission's
bylaws. All receipts and disbursements of funds shall be
subject to an annual financial review by a certified or
licensed public accountant, and the report of the financial
review shall be included in and become part of the annual
report of the commission.
K. With respect to defense and indemnification:
(1) the commission shall defend any member,
officer, executive director, employee and representative of
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the commission in any civil action seeking to impose
liability arising out of any actual or alleged act, error or
omission that occurred within the scope of commission
employment, duties or responsibilities, or as determined by
the commission that the person against whom the claim is made
had a reasonable basis for believing occurred within the
scope of commission employment, duties or responsibilities;
provided that nothing herein shall be construed to prohibit
that person from retaining that person's own counsel at that
person's own expense; and provided further that the actual or
alleged act, error or omission did not result from that
person's intentional or willful or wanton misconduct;
(2) the commission shall indemnify and hold
harmless any member, officer, executive director, employee
and representative of the commission for the amount of any
settlement or judgment obtained against that person arising
out of any actual or alleged act, error or omission that
occurred within the scope of commission employment, duties or
responsibilities, or that such person had a reasonable basis
for believing occurred within the scope of commission
employment, duties or responsibilities; provided that the
actual or alleged act, error or omission did not result from
the intentional or willful or wanton misconduct of that
person;
(3) nothing in this compact shall be
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construed as a limitation on the liability of any licensee
for professional malpractice or misconduct, which shall be
governed solely by any other applicable state laws;
(4) nothing in this compact shall be
interpreted to waive or otherwise abrogate a member state's
state action immunity or state action affirmative defense
with respect to antitrust claims under the federal Sherman
Act, the federal Clayton Act or any other state or federal
antitrust or anticompetitive law or regulation; and
(5) nothing in this compact shall be
construed to be a waiver of sovereign immunity by the member
states or by the commission.
SECTION 11. DATA SYSTEM.--
A. The commission shall provide for the
development, maintenance, operation and utilization of a
coordinated data system.
B. The commission shall assign each applicant for
a multistate license a unique identifier, as determined by
the rules of the commission.
C. Notwithstanding any other provision of state
law to the contrary, a member state shall submit a uniform
data set to the data system on all persons to whom this
compact is applicable as required by the rules of the
commission, including:
(1) identifying information;
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(2) licensure data;
(3) adverse actions against a license and
information related to the adverse actions;
(4) non-confidential information related to
alternative program participation, the beginning and ending
dates of the alternative program participation and other
information related to alternative program participation not
made confidential under member state law;
(5) any denial of application for licensure
and the reasons for the denial;
(6) the presence of current significant
investigative information; and
(7) other information that may facilitate
the administration of this compact or the protection of the
public, as determined by the rules of the commission.
D. The records and information provided to a
member state pursuant to this compact or through the data
system, when certified by the commission or an agent thereof,
shall constitute the authenticated business records of the
commission.
E. Current significant investigative information
pertaining to a licensee in any member state will only be
available to other member states. It is the responsibility
of the member states to report any adverse action against a
licensee and to monitor the database to determine whether
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adverse action has been taken against a licensee. Adverse
action information pertaining to a licensee in any member
state will be available to any other member state.
F. Member states contributing information to the
data system may designate information that may not be shared
with the public without the express permission of the
contributing state.
G. Any information submitted to the data system
that is subsequently expunged pursuant to federal law or the
laws of the member state contributing the information shall
be removed from the data system.
SECTION 12. RULEMAKING.--
A. The commission shall promulgate reasonable
rules in order to effectively and efficiently implement and
administer the purposes and provisions of this compact. A
rule shall be invalid and have no force or effect only if a
court of competent jurisdiction holds that the rule is
invalid because the commission exercised its rulemaking
authority in a manner that is beyond the scope and purposes
of this compact, or the powers granted hereunder, or based
upon another applicable standard of review.
B. Where the rules of the commission conflict with
the laws of the member state that establish the member
state's laws, regulations and applicable standards that
govern the practice of social work as held by a court of
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competent jurisdiction, the rules of the commission shall be
ineffective in that state to the extent of the conflict.
C. The commission shall exercise its rulemaking
powers pursuant to the criteria set forth in this section and
the rules adopted thereunder. Rules shall become binding on
the day following adoption or the date specified in the rule
or amendment, whichever is later.
D. If a majority of the legislatures of member
states rejects a rule or portion of a rule by enactment of a
statute or resolution in the same manner used to adopt this
compact within four years of the date of adoption of the
rule, then the rule shall have no further force or effect in
any member state.
E. Rules shall be adopted at a regular or special
meeting of the commission.
F. Prior to adoption of a proposed rule, the
commission shall hold a public hearing and allow persons to
provide oral and written comments, data, facts, opinions and
arguments.
G. Prior to adoption of a proposed rule, and at
least thirty days in advance of the meeting at which the
commission will hold a public hearing on the proposed rule,
the commission shall provide a notice of proposed rulemaking:
(1) on the commission's website or on
another publicly accessible platform;
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(2) to persons who have requested notice of
the commission's notices of proposed rulemaking; and
(3) in any other ways that the commission
may specify by rule.
H. The notice of proposed rulemaking shall
include:
(1) the time, date and location of the
public hearing at which the commission will hear public
comments on the proposed rule and, if different, the time,
date and location of the meeting where the commission will
consider and vote on the proposed rule;
(2) if the hearing is held via
telecommunication, video conference or other electronic
means, the commission shall include the mechanism for access
to the hearing in the notice of proposed rulemaking;
(3) the text of the proposed rule and the
reason therefor;
(4) a request for comments on the proposed
rule from any interested person; and
(5) the manner in which interested persons
may submit written comments.
I. All hearings shall be recorded. A copy of the
recording and all written comments and documents received by
the commission in response to the proposed rule shall be
available to the public.
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J. Nothing in this section shall be construed as
requiring a separate hearing on each rule. Rules may be
grouped for the convenience of the commission at hearings
required by this section.
K. The commission shall, by majority vote of all
members, take final action on a proposed rule based on the
rulemaking record and the full text of the rule. The
commission:
(1) may adopt changes to the proposed rule;
provided that the changes do not enlarge the original purpose
of the proposed rule;
(2) shall provide an explanation of the
reasons for substantive changes made to the proposed rule as
well as reasons for substantive changes not made that were
recommended by commenters; and
(3) shall determine a reasonable effective
date for the rule. Except for an emergency as provided in
Subsection L of this section, the effective date of the rule
shall be no sooner than thirty days after issuing the notice
that the commission adopted or amended the rule.
L. Upon determination that an emergency exists,
the commission may consider and adopt an emergency rule with
forty-eight-hours' notice, with opportunity to comment;
provided that the usual rulemaking procedures provided in
this compact and in this section shall be retroactively
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applied to the rule as soon as reasonably possible, in no
event later than ninety days after the effective date of the
rule. For the purposes of this provision, an emergency rule
is one that must be adopted immediately in order to:
(1) meet an imminent threat to public
health, safety or welfare;
(2) prevent a loss of commission or member
state funds;
(3) meet a deadline for the promulgation of
a rule that is established by federal law or rule; or
(4) protect public health and safety.
M. The commission or an authorized committee of
the commission may direct revisions to a previously adopted
rule for purposes of correcting typographical errors, errors
in format, errors in consistency or grammatical errors.
Public notice of any revisions shall be posted on the
commission's website. The revision shall be subject to
challenge by any person for a period of thirty days after
posting. The revision may be challenged only on grounds that
the revision results in a material change to a rule. A
challenge shall be made in writing and delivered to the
commission prior to the end of the notice period. If no
challenge is made, the revision shall take effect without
further action. If the revision is challenged, the revision
shall not take effect without the approval of the commission.
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N. No member state's rulemaking requirements shall
apply under this compact.
SECTION 13. OVERSIGHT, DISPUTE RESOLUTION AND
ENFORCEMENT.--
A. The executive and judicial branches of state
government in each member state shall enforce this compact
and take all actions necessary and appropriate to implement
the compact.
B. Except as to judicial proceedings for the
enforcement of this compact among member states, individuals
may pursue judicial proceedings related to this compact in
any state or federal court in this state that would otherwise
have competent jurisdiction. The commission may waive venue
and jurisdictional defenses to the extent that it adopts or
consents to participate in an alternative dispute resolution
proceeding. Nothing in this section shall affect or limit
the selection or propriety of venue in any action against a
licensee for professional malpractice, misconduct or any
similar matter.
C. The commission shall be entitled to receive
service of process in any proceeding regarding the
enforcement or interpretation of the compact and shall have
standing to intervene in the proceeding for all purposes.
Failure to provide the commission service of process shall
render a judgment or order void as to the commission, this
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compact or promulgated rules.
D. If the commission determines that a member
state has defaulted in the performance of its obligation or
responsibilities under this compact or the promulgated rules,
the commission shall provide written notice to the defaulting
state. The notice of default shall describe the default, the
proposed means of curing the default and any other action
that the commission may take and shall offer training and
specific technical assistance regarding the default. The
commission shall provide a copy of the notice of default to
the other member states.
E. If a member state in default fails to cure the
default, the defaulting state may be terminated from the
compact upon an affirmative vote of a majority of the
delegates of the member states, and all rights, privileges
and benefits conferred on that state by this compact may be
terminated on the effective date of termination. A cure of
the default does not relieve the offending state of
obligations or liabilities incurred during the period of
default.
F. Termination of membership in this compact shall
be imposed only after all other means of securing compliance
have been exhausted. Notice of intent to suspend or
terminate shall be given by the commission to the governor,
the majority and minority floor leaders of the defaulting
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state's legislature, the defaulting state's licensing
authority and each of the member states' licensing authority.
G. A state that has been terminated is responsible
for all assessments, obligations and liabilities incurred
through the effective date of termination, including
obligations that extend beyond the effective date of the
termination.
H. Upon the termination of a state's membership
from this compact, that state shall immediately provide
notice to all licensees within that state of the termination.
The terminated state shall continue to recognize all licenses
granted pursuant to this compact for a minimum of six months
after the date of termination.
I. The commission shall not bear any costs related
to a state that is found to be in default or that has been
terminated from the compact, unless agreed upon in writing
between the commission and the defaulting state.
J. A defaulting member state may appeal an action
of the commission by petitioning the United States district
court for the District of Columbia or the federal district
where the commission has its principal offices or state or
federal court of New Mexico.
K. Upon request by a member state, the commission
shall attempt to resolve disputes related to the compact that
arise among member states and between member and non-member
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states. The commission shall promulgate a rule providing for
both mediation and binding dispute resolution for disputes as
appropriate.
L. By majority vote as provided by rule, the
commission may initiate legal action against a member state
in default in the United States district court for the
District of Columbia or the federal district where the
commission has its principal offices to enforce compliance
with the provisions of this compact and the commission's
promulgated rules. The relief sought may include both
injunctive relief and damages. The remedies herein shall not
be the exclusive remedies of the commission. The commission
may pursue any other remedies available under federal or the
defaulting member state's law.
M. A member state may initiate legal action
against the commission in the United States district court
for the District of Columbia or the federal district where
the commission has its principal offices or a state or
federal court of New Mexico to enforce compliance with the
provisions of this compact and the commission's promulgated
rules. The relief sought may include both injunctive relief
and damages.
N. No entity other than a member state shall
enforce this compact against the commission.
SECTION 14. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT.--
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A. This compact shall come into effect on the date
on which the compact statute is enacted into law in the
seventh member state.
B. On or after the effective date of this compact,
the commission shall convene and review the enactment of each
of the first seven member states to determine if the statute
enacted by each charter member state is materially different
than the model compact statute.
C. A charter member state whose enactment is found
to be materially different from the model compact statute
shall be entitled to the default process set forth in Section
14 of the Social Work Licensure Interstate Compact. If a
member state is later found to be in default, or is
terminated or withdraws from the compact, the commission
shall remain in existence, and the compact shall remain in
effect even if the number of member states is less than
seven.
D. Member states enacting this compact subsequent
to the seven initial charter member states shall be subject
to the process set forth in Paragraph (21) of Subsection C of
Section 10 of the Social Work Licensure Interstate Compact to
determine if the enactments are materially different from the
model compact statute and whether the states qualify for
participation in this compact.
E. All action taken for the benefit of the
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commission or in furtherance of the purposes of the
administration of the compact prior to the effective date of
the compact or the commission coming into existence shall be
considered to be actions of the commission unless
specifically repudiated by the commission.
F. Any state that joins the compact subsequent to
the commission's initial adoption of the rules and bylaws
shall be subject to the rules and bylaws as they exist on the
date on which the compact becomes law in that state. Any
rule that has been previously adopted by the commission shall
have the full force and effect of law on the day the compact
becomes law in that state.
G. Any member state may withdraw from this compact
by enacting a statute repealing the compact statute. A
member state's withdrawal shall not take effect until one
hundred eighty days after enactment of the repealing statute.
H. Withdrawal shall not affect the continuing
requirement of the withdrawing state's licensing authority to
comply with the investigative and adverse action reporting
requirements of this compact prior to the effective date of
withdrawal.
I. Upon the enactment of a statute withdrawing
from this compact, a state shall immediately provide notice
of the withdrawal to all licensees with that state.
Notwithstanding any subsequent statutory enactment to the
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contrary, the withdrawing state shall continue to recognize
all licenses granted pursuant to this compact for a minimum
of one hundred eighty days after the date of the notice of
withdrawal.
J. Nothing contained in this compact shall be
construed to invalidate or prevent any licensure agreement or
other cooperative arrangement between a member state and a
non-member state that does not conflict with the provisions
of this compact.
K. This compact may be amended by the member
states. No amendment to this compact shall become effective
and binding upon any member state until it is enacted into
the laws of all member states.
SECTION 15. CONSTRUCTION AND SEVERABILITY.--
A. This compact and the commission's rulemaking
authority shall be liberally construed so as to effectuate
the purposes, implementation and administration of this
compact. Provisions of this compact expressly authorizing or
requiring the promulgation of rules shall not be construed to
limit the commission's rulemaking authority solely for those
purposes.
B. The provisions of this compact shall be
severable, and if any phrase, clause, sentence or provision
of this compact is held by a court of competent jurisdiction
to be contrary to the constitution of any member state, a
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state seeking participation in the compact or the United
States, or the applicability thereof to any government,
agency, person or circumstance is held to be unconstitutional
by a court of competent jurisdiction, the validity of the
remainder of this compact and the applicability thereof to
any other government, agency, person or circumstance shall
not be affected.
C. Notwithstanding Subsection B of this section,
the commission may deny a state's participation in the
compact or, in accordance with the requirements of Section 13
of the Social Work Licensure Interstate Compact, terminate a
member state's participation in the compact if the commission
determines that a constitutional requirement of a member
state is a material departure from the compact. Otherwise,
if this compact shall be held to be contrary to the
constitution of any member state, the compact shall remain in
full force and effect as to the remaining member states and
in full force and effect as to the member state affected as
to all severable matters.
SECTION 16. CONSISTENT EFFECT AND CONFLICT WITH OTHER
STATE LAWS.--
A. A licensee providing services in a remote state
under a multistate authorization to practice shall adhere to
the laws and regulations, including laws, regulations and
applicable standards, of the remote state where a client is
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located at the time care is rendered.
B. Nothing in the Social Work Licensure Interstate
Compact shall prevent or inhibit the enforcement of any other
law of a member state that is not inconsistent with the
compact.
C. Any laws, statutes, regulation or other legal
requirements in a member state in conflict with the compact
are superseded to the extent of the conflict.
D. All permissible agreements between the
commission and the member states are binding in accordance
with the terms of those agreements.
SECTION 17. Section 61-31-6 NMSA 1978 (being Laws 1989,
Chapter 51, Section 6, as amended) is amended to read:
"61-31-6. SCOPE OF PRACTICE.--
A. For the purposes of the Social Work Practice
Act, a person is practicing social work if the person
advertises, offers to practice, is employed in a position
described as social work or holds out to the public or
represents in any manner that the person is licensed to
practice social work in this state.
B. Social work practice means a professional
service and emphasizes the use of specialized knowledge of
social resources, social systems, human capabilities and New
Mexico cultures to effect change in human behavior, emotional
responses and social conditions. Services may be rendered
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through direct assistance to individuals, couples, families,
groups and community organizations. Social work practice
focuses on both direct and indirect services to facilitate
change on the intrapersonal, interpersonal and systemic
levels. Areas of specialization that address these include
the following:
(1) clinical social work practice, which is
the professional application of social work theory and
methods in the diagnosis, treatment and prevention of
psychosocial dysfunction, disability or impairment, including
emotional and mental disorders. It is based on knowledge of
one or more theories of human development within a
psychosocial context. Clinical social work includes
interventions directed to interpersonal interactions,
intrapsychic dynamics or life support and management issues.
Clinical social work services consist of assessment,
diagnosis and treatment, including psychotherapy and
counseling, client-centered advocacy, consultation and
evaluation;
(2) social work research practice, which is
the professional study of human capabilities and practice of
social work specialties, including direct and indirect
practice, through the formal organization and the methodology
of data collection and the analysis and evaluation of social
work data;
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(3) social work community organization,
planning and development practice, which is a conscious
process of social interaction and method of social work
concerned with the meeting of broad needs and bringing about
and maintaining adjustment between needs and resources in a
community or other areas; helping people to deal more
effectively with their problems and objectives by helping
them develop, strengthen and maintain qualities of
participation, self-direction and cooperation; and bringing
about changes in community and group relationships and in the
distribution of decision-making power. The community is the
primary client in community organizations. The community may
be an organization, neighborhood, city, county, state or
national entity;
(4) social work administration, which is the
practice that is concerned primarily with translating laws,
technical knowledge and administrative rulings into
organizational goals and operational policies to guide
organizational behavior; designing organizational structure
and procedures or processes through which social work goals
can be achieved; and securing resources in the form of
material, staff, clients and societal legitimation necessary
for goal attainment and organizational survival; and
(5) university social work faculty, which
provides an equal quality of social work education in
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identified areas of content; prepares graduates to practice
in a range of geographic areas with diverse populations; and
establishes the foundation for practitioners' professional
futures, exposing them to the best of current knowledge and
developing in them the ability to continue questioning and
learning, as well as an awareness of their responsibility to
continue this professional development."
SECTION 18. Section 61-31-8 NMSA 1978 (being Laws 1989,
Chapter 51, Section 8, as amended) is amended to read:
"61-31-8. BOARD'S AUTHORITY.--In addition to any
authority provided by law, the board shall have the authority
to:
A. adopt and file, in accordance with the State
Rules Act, rules necessary to carry out the provisions of the
Social Work Practice Act, in accordance with the provisions
of the Uniform Licensing Act, including the procedures for an
appeal of an examination failure;
B. select, prepare and administer, at least
annually, examinations for licensure;
C. adopt a current professional code of ethics or
professional standards promulgated by a national organization
of social work professionals that provides guidance,
research, advocacy and other services to social workers;
D. appoint advisory committees pursuant to Section
61-31-19 NMSA 1978;
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E. conduct hearings on an appeal of a denial of a
license based on the applicant's failure to meet the minimum
qualifications for licensure. The hearing shall be conducted
pursuant to the Uniform Licensing Act;
F. require and establish criteria for continuing
education;
G. issue subpoenas, statements of charges,
statements of intent to deny licenses and orders and delegate
in writing to a designee the authority to issue subpoenas,
statements of charges and statements of intent to deny
licenses and establish procedures for receiving,
investigating and conducting hearings on complaints;
H. request that an individual who is violating the
Social Work Practice Act:
(1) voluntarily stop violating the Social
Work Practice Act; and
(2) meet with the board. If the board's
requests to an individual pursuant to this subsection are
unsuccessful or in a situation that the board deems to be an
emergency, the board may apply for an injunction in district
court to enjoin any person from committing any act prohibited
by the Social Work Practice Act;
I. develop criteria to approve appropriate
supervision for a person seeking licensure as a licensed
independent social worker or a licensed clinical social
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worker based upon the prospective supervisor's:
(1) education;
(2) experience; and
(3) level of training;
J. issue provisional licenses, temporary licenses
and licenses based on credentials to persons meeting the
requirements set forth in the Social Work Practice Act;
K. determine qualifications for licensure,
including the requirement to demonstrate an awareness and
knowledge of New Mexico cultures;
L. set fees for licenses as authorized by the
Social Work Practice Act and authorize all disbursements
necessary to carry out the provisions of the Social Work
Practice Act;
M. keep a record and provide notice of all
proceedings in accordance with the Open Meetings Act and
shall make an annual report to the governor;
N. determine the appropriate application of
technology to social work practice, including video
teleconferencing, for appropriate supervision and client
contact;
O. prescribe the procedures, forms and manner of
submitting an applicant's full set of fingerprints for state
and federal criminal history background reports that the
board uses to evaluate the applicant's qualification for
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licensure; and
P. require an applicant, as a condition of
eligibility for initial licensure, to submit a full set of
fingerprints to the department of public safety to obtain
state and national criminal history record information on the
applicant. State and national criminal history record reports
are confidential and not public records. The board shall not
disseminate criminal history record information across state
lines."