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An Act
ENROLLED HOUSE
BILL NO. 2261 By: Miller, Provenzano, Hill,
Pogemiller, and Ranson of
the House
and
Rosino of the Senate
An Act relating to professions and occupations;
stating purpose of compact; stating objectives;
defining terms; providing procedures for state
participation in compact; stating eligibility
criteria; prescribing procedures for social worker
participation in compact; prescribing procedures for
Home State Licensing Authority; providing for
relationship of compact to state laws and other
sources of authority; prescribing procedures for
reissuance of license; providing for military
members; prescribing procedures related to certain
adverse actions; providing for investigations;
establishing Social Work Licensure Compact
Commission; providing for membership, voting, and
meetings of Commission; providing for data system;
prescribing procedures related thereto; providing for
rulemaking procedures; providing for oversight,
dispute resolution, and enforcement; providing for
effective date of compact provisions; providing for
construction and severability; providing for
construction with other laws; providing for
codification; and providing an effective date.
SUBJECT: Professions and occupations
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1281 of Title 59, unless there
is created a duplication in numbering, reads as follows:
ENR. H. B. NO. 2261 Page 2
The purpose of this Compact is to facilitate interstate practice
of Regulated Social Workers by improving public access to competent
Social Work Services. The Compact preserves the regulatory
authority of States to protect public health and safety through the
current system of State licensure.
This Compact is designed to achieve the following objectives:
A. Increase public access to Social Work Services;
B. Reduce overly burdensome and duplicative requirements
associated with holding multiple licenses;
C. Enhance the Member States’ ability to protect the public’s
health and safety;
D. Encourage the cooperation of Member States in regulating
multistate practice;
E. Promote mobility and address workforce shortages by
eliminating the necessity for licenses in multiple states by
providing for the mutual recognition of other Member State licenses;
F. Support military families;
G. Facilitate the exchange of licensure and disciplinary
information among Member States;
H. Authorize all Member States to hold a Regulated Social
Worker accountable for abiding by a Member State’s laws,
regulations, and applicable professional standards in the Member
State in which the client is located at the time care is rendered;
and
I. Allow for the use of telehealth to facilitate increased
access to regulated Social Work Services.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1282 of Title 59, unless there
is created a duplication in numbering, reads as follows:
As used in this Compact, and except as otherwise provided, the
following definitions shall apply:
ENR. H. B. NO. 2261 Page 3
A. “Active Military Member” means any individual 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 which is imposed by a
Licensing Authority or other authority against a Regulated Social
Worker, including actions against an individual’s license or
Multistate Authorization to Practice such as revocation, suspension,
probation, monitoring of the Licensee, limitation on the Licensee’s
practice, or any other Encumbrance on licensure affecting a
Regulated Social Worker’s authorization to practice, including
issuance of a cease and desist action;
C. “Alternative Program” means a nondisciplinary 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 where such legislation predates
the effective date of this Compact as described in Section 14 of
this act;
E. “Compact Commission” or “Commission” means the 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 act, and which shall
operate as an instrumentality of the Member States;
F. “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 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;
G. “Data System” means a repository of information about
Licensees, including continuing education, examination, licensure,
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Current Significant Investigative Information, Disqualifying Event,
Multistate License(s) and Adverse Action information or other
information as required by the Commission;
H. “Disqualifying Event” means any Adverse Action or incident
which results in an Encumbrance that disqualifies or makes the
Licensee ineligible to either obtain, retain, or renew a Multistate
License;
I. “Domicile” means the jurisdiction in which the Licensee
resides and intends to remain indefinitely;
J. “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;
K. “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;
L. “Home State” means the Member State that is the Licensee’s
primary Domicile;
M. “Impairment” means a condition(s) 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;
N. “Licensee(s)” means an individual who currently holds a
license from a State to practice as a Regulated Social Worker;
O. “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;
P. “Member State” means a state, commonwealth, district, or
territory of the United States of America that has enacted this
Compact;
Q. “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;
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R. “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 Authorization to Practice;
S. “Qualifying National Exam” means a national licensing
examination approved by the Commission;
T. “Regulated Social Worker” means any clinical, master’s or
bachelor’s Social Worker licensed by a Member State regardless of
the title used by that Member State;
U. “Remote State” means a Member State other than the
Licensee’s Home State;
V. “Rule(s)” or “Rule(s) of the Commission” means a regulation
or regulations duly promulgated by the Commission, as authorized by
the Compact, that has the force of law;
W. “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;
X. “Social Work” or “Social Work Services” means the
application of social work theory, knowledge, methods, ethics, and
the professional use of self to restore or enhance social,
psychosocial, or biopsychosocial functioning of individuals,
couples, families, groups, organizations, and 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;
Y. “State” means any state, commonwealth, district, or
territory of the United States of America that regulates the
practice of Social Work; and
Z. “Unencumbered License” means a license that authorizes a
Regulated Social Worker to engage in the full and unrestricted
practice of Social Work.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1283 of Title 59, unless there
is created a duplication in numbering, reads as follows:
ENR. H. B. NO. 2261 Page 6
A. To be eligible to participate in the Compact, a potential
Member State must currently meet all of the following criteria:
1. License and regulate the practice of Social Work at either
the clinical, master’s, or bachelor’s category;
2. Require applicants for licensure to graduate from a program
that is:
a. operated by a college or university recognized by the
Licensing Authority,
b. 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 licensure sought as outlined in
Section 4 of this act;
3. Require applicants for clinical licensure to complete a
period of supervised practice;
4. Have a mechanism in place for receiving, investigating, and
adjudicating complaints about Licensees.
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 as outlined in Section 4 of this act;
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. Such procedures
ENR. H. B. NO. 2261 Page 7
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;
7. Authorize a Licensee holding a Multistate License in any
Member State to practice in accordance with the terms of the 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 subsection A of
this section and subsection B of this section shall designate the
categories of Social Work licensure that are eligible for issuance
of a Multistate License for applicants in such Member State. To the
extent that any Member State does not meet the requirements for
participation in the Compact at any particular category of Social
Work licensure, such Member State may choose, but is not obligated
to, issue a Multistate License to applicants that otherwise meet the
requirements of Section 4 of this act for issuance of a Multistate
License in such category or categories of licensure.
D. The Home State may charge a fee for granting the Multistate
License.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1284 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. To be eligible for a Multistate License under the terms and
provisions of the Compact, an applicant, regardless of category
must:
1. Hold or be eligible for an active, Unencumbered License in
the Home State;
ENR. H. B. NO. 2261 Page 8
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 (30) days from the date the action is
taken;
5. Meet any continuing competence requirements established by
the Home State;
6. Abide by the laws, regulations, and applicable standards in
the Member State where the client is located at the time care is
rendered.
B. An applicant for a clinical-category Multistate License must
meet all of the following requirements:
1. Fulfill a competency requirement, which shall be satisfied
by either:
a. passage of a clinical-category Qualifying National
Exam, or
b. licensure of the applicant in their Home State at the
clinical category, beginning prior to such time as a
Qualifying National Exam was required by the Home
State and 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 foregoing
competency requirements which the Commission may
determine by Rule;
2. Attain at least a master’s degree in Social Work from a
program that is:
ENR. H. B. NO. 2261 Page 9
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:
(1) the Council for Higher Education Accreditation or
its successor, or
(2) the United States Department of Education;
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 (3,000) hours, or
b. a minimum of two (2) years of full-time postgraduate
supervised clinical practice, or
c. the substantial equivalency of the foregoing practice
requirements which the Commission may determine by
Rule.
C. An applicant for a master’s-category Multistate License must
meet all of the following requirements:
1. Fulfill a competency requirement, which shall be satisfied
by either:
a. passage of a master's-category Qualifying National
Exam,
b. licensure of the applicant in their Home State at the
master’s category, beginning prior to such time as a
Qualifying National Exam was required by the Home
State at the master’s category and accompanied by a
continuous period of Social Work licensure thereafter,
all of which may be further governed by the Rules of
the Commission, or
c. the substantial equivalency of the foregoing
competency requirements which the Commission may
determine by Rule;
ENR. H. B. NO. 2261 Page 10
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:
(1) the Council for Higher Education Accreditation or
its successor, or
(2) the United States Department of Education.
D. An applicant for a bachelor’s-category Multistate License
must meet all of the following requirements:
1. Fulfill a competency requirement, which shall be satisfied
by either:
a. passage of a bachelor’s-category Qualifying National
Exam,
b. licensure of the applicant in their Home State at the
bachelor’s category, beginning prior to such time as a
Qualifying National Exam was required by the Home
State and 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 foregoing
competency requirements which the Commission may
determine by Rule;
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:
ENR. H. B. NO. 2261 Page 11
(1) the Council for Higher Education Accreditation or
its successor, or
(2) the United States Department of Education.
E. The Multistate License for a Regulated Social Worker is
subject to the renewal requirements of the Home State. The
Regulated Social Worker must maintain compliance with the
requirements of subsection A of this section to be eligible to renew
a Multistate License.
F. The 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. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1285 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. Upon receipt of an application for Multistate License, the
Home State Licensing Authority shall determine the applicant’s
eligibility for a Multistate License in accordance with Section 4 of
this Compact.
B. If such applicant is eligible pursuant to Section 4 of this
Compact, the Home State Licensing Authority shall issue a Multistate
License that authorizes the applicant or Regulated Social Worker to
practice in all Member States under a Multistate Authorization to
Practice.
ENR. H. B. NO. 2261 Page 12
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 Bachelors, Masters, 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 Compact 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. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1286 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. Nothing in this 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 inconsistent
with the provisions of this Compact.
B. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a Single State
License.
C. Nothing in this 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 this 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 this 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.
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SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1287 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. A Licensee can hold a Multistate License, issued by their
Home State, in only one Member State at any given time.
B. If a Licensee changes their Home State by moving between two
Member States:
1. The Licensee shall immediately apply for the reissuance of
their Multistate License in their 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 will be deactivated and all
Member States 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. Such 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;
4. If required for initial licensure, the new Home State may
require completion of jurisprudence requirements in the new Home
State;
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,
then 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 their primary State of residence by
moving from a Member State to a non-Member State, or from a non-
ENR. H. B. NO. 2261 Page 14
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 this Compact shall interfere with a Licensee’s
ability to hold a Single State License in multiple States; however,
for the purposes of this Compact, a Licensee shall have only one
Home State, and only one Multistate License.
E. Nothing in this Compact shall interfere with the
requirements established by a Member State for the issuance of a
Single State License.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1288 of Title 59, unless there
is created a duplication in numbering, reads as follows:
An Active Military Member or their spouse shall designate a Home
State where the individual has a Multistate License. The individual
may retain their Home State designation during the period the
service member is on active duty.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1289 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. In addition to the other powers conferred by State law, a
Remote State shall have the authority, in accordance with existing
State due process law, to:
1. Take Adverse Action against a Regulated Social Worker’s
Multistate Authorization to Practice only within that 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. 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 located;
ENR. H. B. NO. 2261 Page 15
2. 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. In so doing, the Home State shall apply its own State
laws to determine appropriate action.
C. The Home State shall complete any pending investigations of
a Regulated Social Worker who changes their Home State during the
course of the investigations. The Home State shall also have the
authority to take appropriate action(s) 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
investigations 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 Adverse Action.
F. Joint Investigations:
1. In addition to the authority granted to a Member State by
its respective Social Work practice act or other applicable State
law, any Member State may participate with other Member States in
joint investigations of Licensees.
2. Member States shall share any investigative, litigation, or
compliance materials in furtherance of any joint or individual
investigation initiated under the 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
ENR. H. B. NO. 2261 Page 16
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 State’s of any Adverse Actions by Remote States.
I. Nothing in this 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 this 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 this 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. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1290 of Title 59, unless there
is created a duplication in numbering, reads as follows:
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 Compact States acting jointly and not an instrumentality of
any one State. The Commission shall come into existence on or after
the effective date of the Compact as set forth in Section 14 of this
act.
B. Membership, Voting, and Meetings:
1. Each Member State shall have and be limited to one delegate
selected by that Member State’s State Licensing Authority.
2. The delegate shall be either:
a. a current member of the State Licensing Authority at
the time of appointment, who is a Regulated Social
ENR. H. B. NO. 2261 Page 17
Worker or public member of the State Licensing
Authority, or
b. an administrator of the State Licensing Authority or
their designee.
3. The Commission shall by Rule or bylaw establish a term of
office for delegates and may by Rule or bylaw establish term limits.
4. The Commission may recommend removal or suspension of any
delegate from office.
5. A Member State’s State Licensing Authority shall fill any
vacancy of its delegate occurring on the Commission within sixty
(60) days of the vacancy.
6. Each delegate shall be entitled to one vote on all matters
before the Commission requiring a vote by Commission delegates.
7. A delegate shall vote in person or by such other means as
provided in the bylaws. The bylaws may provide for delegates to
meet by telecommunication, videoconference, or other means of
communication.
8. The Commission shall meet at least once during each calendar
year. Additional meetings may be held as set forth in the bylaws.
The Commission may meet by telecommunication, videoconference, or
other similar electronic means.
C. The Commission shall have the following powers:
1. Establish the fiscal year of the Commission;
2. Establish code of conduct and conflict of interest policies;
3. Establish and amend Rules and bylaws;
4. Maintain its financial records in accordance with the
bylaws;
5. Meet and take such actions as 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
ENR. H. B. NO. 2261 Page 18
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 do so on the Commission's
behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel,
including, but not limited to, employees of a Member State;
10. Conduct an annual financial review;
11. Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of the Compact, and establish
the Commission’s personnel policies and programs relating to
conflicts of interest, qualifications 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;
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, and consumer representatives, and such other
ENR. H. B. NO. 2261 Page 19
interested persons as may be designated in this Compact and the
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 such other functions as may be necessary or
appropriate to achieve the purposes of this Compact.
D. The Executive Committee:
1. The Executive Committee shall 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:
a. oversee the day-to-day activities of the
administration of the Compact including enforcement
and compliance with the provisions of the Compact, its
Rules and bylaws, and other such duties as deemed
necessary,
b. recommend to the Commission changes to the Rules or
bylaws, changes to this Compact legislation, fees
charged to Compact Member States, fees charged to
Licensees, and other fees,
c. ensure Compact administration services are
appropriately provided, including by contract,
d. prepare and recommend the budget,
e. maintain financial records on behalf of the
Commission,
f. monitor Compact compliance of Member States and
provide compliance reports to the Commission,
ENR. H. B. NO. 2261 Page 20
g. establish additional committees as necessary,
h. exercise 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 Rules or bylaws of the
Commission.
2. The Executive Committee shall be composed of up to eleven
(11) members:
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 national Social Work organizations, and
d. the ex-officio members shall be selected by their
respective organizations.
3. The Commission may remove any member of the Executive
Committee as provided in the Commission’s bylaws.
4. The Executive Committee shall meet at least annually.
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
paragraph 2 of subsection F of this section.
b. The Executive Committee shall give seven (7) days’
notice of its meetings, posted on its website and as
determined to provide notice to persons with an
interest in the business of the Commission.
c. The Executive Committee may hold a special meeting in
accordance with subparagraph b of paragraph 1 of
subsection F of this section.
ENR. H. B. NO. 2261 Page 21
E. The Commission shall adopt and provide to the Member States
an annual report.
F. Meetings of the Commission:
1. All meetings shall be open to the public, except that the
Commission may meet in a closed, nonpublic meeting as provided in
paragraph 2 of this subsection.
a. Public notice for all meetings of the full Commission
of meetings shall be given in the same manner as
required under the Rulemaking provisions in Section 12
of this act, except that the Commission may hold a
special meeting as provided in subparagraph b of this
paragraph.
b. The Commission may hold a special meeting when it must
meet to conduct emergency business by giving forty-
eight (48) hours’ notice to all commissioners, on the
Commission’s website, and 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.
2. The Commission or the Executive Committee or other
committees of the Commission may convene in a closed, nonpublic
meeting for the Commission or Executive Committee or other
committees of the Commission to receive legal advice or to discuss:
a. noncompliance of a Member State with its obligations
under the Compact,
b. the employment, compensation, discipline, or other
matters, practices, or procedures related to specific
employees,
c. current or threatened discipline of a Licensee by the
Commission or by a Member State’s Licensing Authority,
d. current, threatened, or reasonably anticipated
litigation,
e. negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate,
ENR. H. B. NO. 2261 Page 22
f. accusing any person of a crime or formally censuring
any person,
g. trade secrets or commercial or financial information
that is privileged or confidential,
h. information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of
personal privacy,
i. investigative records compiled for law enforcement
purposes,
j. 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 the Compact,
k. matters specifically exempted from disclosure by
federal or Member State law, or
l. other matters as promulgated by the Commission by
Rule.
3. 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 such reference
shall be recorded in the minutes.
4. 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 therefore,
including a description of the views expressed. All documents
considered in connection with an action shall be identified in such
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.
G. Financing of the Commission:
1. The Commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization, and ongoing
activities.
ENR. H. B. NO. 2261 Page 23
2. The Commission may accept any and all appropriate revenue
sources as provided in subsection C of Section 13 of this act.
3. The Commission may levy on and collect an annual assessment
from each Member State and impose fees on 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
must be in a total amount sufficient to cover its annual budget as
approved each year 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. The Commission shall not incur obligations of any kind prior
to securing the funds adequate to meet the same; nor shall the
Commission pledge the credit of any of the Member States, except by
and with the authority of the Member State.
5. The Commission 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 its bylaws. However, all receipts and
disbursements of funds handled by the Commission 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.
H. Qualified Immunity, Defense, and Indemnification:
1. The members, officers, executive director, employees, and
representatives of the Commission shall be immune from suit and
liability, both personally and in their official capacity, for any
claim for damage to or loss of property or personal injury or other
civil liability caused by or arising out of any actual or alleged
act, error, or omission that occurred, or 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 in this paragraph shall be
construed to protect any such person from suit or liability for any
damage, loss, injury, or liability caused by the intentional or
willful or wanton misconduct of that person. The procurement of
insurance of any type by the Commission shall not in any way
compromise or limit the immunity granted hereunder.
ENR. H. B. NO. 2261 Page 24
2. The Commission shall defend any member, officer, executive
director, employee, and representative of 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 their own counsel at their 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.
3. 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.
4. Nothing herein shall be 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.
5. 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 Sherman Act, Clayton Act, or any other State or federal
antitrust or anticompetitive law or regulation.
6. Nothing in this Compact shall be construed to be a waiver of
sovereign immunity by the Member States or by the Commission.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1291 of Title 59, unless there
is created a duplication in numbering, reads as follows:
ENR. H. B. NO. 2261 Page 25
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 individuals to whom this Compact is applicable as
required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a license and information related
thereto;
4. Nonconfidential information related to Alternative Program
participation, the beginning and ending dates of such participation,
and other information related to such participation not made
confidential under Member State law;
5. Any denial of application for licensure, and the reason(s)
for such denial;
6. The presence of Current Significant Investigative
Information; and
7. Other information that may facilitate this Compact's
administration or the public's protection, 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, and shall be
entitled to any associated hearsay exception in any relevant
judicial, quasi-judicial or administrative proceedings in a Member
State.
ENR. H. B. NO. 2261 Page 26
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 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. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1292 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The Commission shall promulgate reasonable Rules in order to
effectively and efficiently implement and administer the purposes
and provisions of the 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 the
Compact, or the powers granted hereunder, or based upon another
applicable standard of review.
B. The Rules of the Commission shall have the force of law in
each Member State, provided, however, that 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 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.
ENR. H. B. NO. 2261 Page 27
D. If a majority of the legislatures of the Member States
rejects a Rule or portion of a Rule, by enactment of a statute or
resolution in the same manner used to adopt the Compact within four
(4) years of the date of adoption of the Rule, then such Rule shall
have no further force and 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 by the Commission, and
at least thirty (30) 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 website of the Commission or other publicly
accessible platform;
2. To persons who have requested notice of the Commission’s
notices of proposed rulemaking; and
3. In such other way(s) as the Commission may by Rule specify.
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,
videoconference, 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
ENR. H. B. NO. 2261 Page 28
5. The manner in which interested persons may submit written
comments.
I. All hearings will 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.
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 the proposed Rule based on the Rulemaking record and
the full text of the Rule.
1. The Commission may adopt changes to the proposed Rule
provided the changes do not enlarge the original purpose of the
proposed Rule.
2. The Commission 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.
3. The Commission 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 (30) days after issuing the notice that it adopted or
amended the Rule.
L. Upon determination that an emergency exists, the Commission
may consider and adopt an emergency Rule with forty-eight (48)
hours’ notice, with opportunity to comment, provided that the usual
Rulemaking procedures provided in the Compact and in this section
shall be retroactively applied to the Rule as soon as reasonably
possible, in no event later than ninety (90) 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;
ENR. H. B. NO. 2261 Page 29
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 website of the Commission. The revision
shall be subject to challenge by any person for a period of thirty
(30) 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 will take effect without further action. If the revision
is challenged, the revision may not take effect without the approval
of the Commission.
N. No Member State’s rulemaking requirements shall apply under
this Compact.
SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1293 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. Oversight:
1. 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.
2. Except as otherwise provided in this Compact, venue is
proper and judicial proceedings by or against the Commission shall
be brought solely and exclusively in a court of competent
jurisdiction where the principal office of the Commission is
located. The Commission may waive venue and jurisdictional defenses
to the extent it adopts or consents to participate in alternative
dispute resolution proceedings. Nothing herein shall affect or
limit the selection or propriety of venue in any action against a
Licensee for professional malpractice, misconduct or any such
similar matter.
3. The Commission shall be entitled to receive service of
process in any proceeding regarding the enforcement or
ENR. H. B. NO. 2261 Page 30
interpretation of the Compact and shall have standing to intervene
in such a proceeding for all purposes. Failure to provide the
Commission service of process shall render a judgment or order void
as to the Commission, this Compact, or promulgated Rules.
B. Default, Technical Assistance, and Termination:
1. If the Commission determines that a Member State has
defaulted in the performance of its obligations 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.
2. The Commission shall provide a copy of the notice of default
to the other Member States.
C. If a 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.
D. Termination of membership in the 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 leaders
of the defaulting State’s legislature, the defaulting State’s State
Licensing Authority and each of the Member States’ State Licensing
Authority.
E. 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 termination.
F. Upon the termination of a State’s membership from this
Compact, that State shall immediately provide notice to all
Licensees within that State of such termination. The terminated
State shall continue to recognize all licenses granted pursuant to
ENR. H. B. NO. 2261 Page 31
this Compact for a minimum of six (6) months after the date of said
notice of termination.
G. 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.
H. The defaulting State may appeal the action of the Commission
by petitioning the U.S. District Court for the District of Columbia
or the federal district where the Commission has its principal
offices. The prevailing party shall be awarded all costs of such
litigation, including reasonable attorney’s fees.
I. Dispute Resolution:
1. 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 States.
2. The Commission shall promulgate a Rule providing for both
mediation and binding dispute resolution for disputes as
appropriate.
J. Enforcement:
1. 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 the Compact and its
promulgated Rules. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is necessary,
the prevailing party shall be awarded all costs of such litigation,
including reasonable attorney’s fees. 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.
2. A Member State may initiate legal action against the
Commission in the U.S. 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 the Compact and
its promulgated Rules. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is
ENR. H. B. NO. 2261 Page 32
necessary, the prevailing party shall be awarded all costs of such
litigation, including reasonable attorney’s fees.
3. No person other than a Member State shall enforce this
Compact against the Commission.
SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1294 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The Compact shall come into effect on the date on which the
Compact statute is enacted into law in the seventh Member State.
1. On or after the effective date of the Compact, the
Commission shall convene and review the enactment of each of the
first seven Member States (“Charter Member States”) to determine if
the statute enacted by each such Charter Member State is materially
different than the model Compact statute.
a. 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 13 of this act.
b. If any 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 should be less than seven.
2. Member States enacting the 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 this act to
determine if their enactments are materially different from the
model Compact statute and whether they qualify for participation in
the Compact.
3. All actions taken for the benefit of the 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.
4. Any State that joins the Compact subsequent to the
Commission’s initial adoption of the Rules and bylaws shall be
ENR. H. B. NO. 2261 Page 33
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.
B. Any Member State may withdraw from this Compact by enacting
a statute repealing the same.
1. A Member State’s withdrawal shall not take effect until one
hundred eighty (180) days after enactment of the repealing statute.
2. 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.
3. Upon the enactment of a statute withdrawing from this
Compact, a State shall immediately provide notice of such withdrawal
to all Licensees within that State. Notwithstanding any subsequent
statutory enactment to the contrary, such withdrawing State shall
continue to recognize all licenses granted pursuant to this Compact
for a minimum of one hundred eighty (180) days after the date of
such notice of withdrawal.
C. 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.
D. 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. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1295 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. This Compact and the Commission’s rulemaking authority shall
be liberally construed so as to effectuate the purposes and the
implementation and administration of the Compact. Provisions of the
Compact expressly authorizing or requiring the promulgation of Rules
shall not be construed to limit the Commission’s rulemaking
authority solely for those purposes.
ENR. H. B. NO. 2261 Page 34
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 State seeking participation in the Compact,
or of 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 thereby.
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 subsection C of Section 13 of this act,
terminate a Member State’s participation in the Compact, if it
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. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1296 of Title 59, unless there
is created a duplication in numbering, reads as follows:
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 the client is located at the time care is
rendered.
B. Nothing herein 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, regulations, 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 their terms.
SECTION 17. This act shall become effective November 1, 2025.
ENR. H. B. NO. 2261 Page 35
Passed the House of Representatives the 18th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 30th day of April, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________