Social Work Interstate Compact

2025-2026 Bill 4649: Social Work Interstate Compact - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4649
STATUS INFORMATION
General Bill
Sponsors: Rep. Cobb-Hunter
Companion/Similar bill(s): 3633, 3752
Document Path: LC-0364VR26.docx
Introduced in the House on January 13, 2026
Currently residing in the House Committee on
Medical, Military, Public and Municipal Affairs
Summary: Social Work Interstate Compact
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Medical, Military, Public and Municipal Affairs

1/13/2026

House

Introduced and read first time (
House Journal-page 46
)

1/13/2026

House

Referred to Committee on
Medical, Military, Public and Municipal Affairs
(
House Journal-page 46
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

A bill

TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY AMENDING ARTICLE 3 OF CHAPTER 63, TITLE 40 TO CONFORM
THE "SOCIAL WORK INTERSTATE COMPACT ACT" TO THE SOCIAL WORK LICENSURE COMPACT
MODEL LEGISLATION.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
A
rticle 3, Chapter 63, Title 40 of the S.C. Code is
amended to read:

A
rticle 3

S
ocial Work Interstate Compact

S
ection
40-63-510
.
(
A) The purpose of this compact is to facilitate interstate
practice of regulated social workers with the goal of improving public access
to competent social work services. The compact seeks to preserve the
regulatory authority of states to protect public health and safety through the
current system of state licensure.

(
B) This compact is designed to
achieve the following objectives:

(
1) increase public access to social
work services by providing for the mutual recognition of other member state
licenses;

(
2) enhance the member states' ability
to protect the public's health and safety;

(
3) encourage the cooperation of
member states in regulating multistate practice;

(
4) support military families;

(
5) facilitate the exchange of
licensure and disciplinary information among member states;

(
6) authorize all member states to
hold a regulated social worker accountable for abiding by the member state's
scope of practice in the member state in which the client is located at the
time care is rendered;

(
7) allow for the use of telehealth to
facilitate increased access to regulated social work services;

(
8) support the uniformity of social
work licensure requirements throughout the states to promote public safety and
access to services; and

(9) promote mobility and
address workforce shortages by eliminating the necessity for licenses in
multiple states.
(
A) 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 the State to protect public health and safety through
the current system of state licensure.

(
B) This compact is designed to
achieve the following objectives:

(
1) increase public access to social
work services;

(
2) reduce overly burdensome and
duplicative requirements associated with holding multiple licenses;

(
3) enhance the member states' ability
to protect the public's health and safety;

(
4) encourage the cooperation of
member states in regulating multistate practice;

(
5) promote mobility and address
workforce shortages by eliminating the necessity for licenses in multiple
states by providing the mutual recognition of other member states licenses;

(
6) support military families;

(
7) facilitate the exchange of
licensure and disciplinary information among member states;

(
8) authorize all member states to
hold a regulated social worker accountable for abiding by the member state's
laws, regulations, and applicable standards in the member state in which the
client is located at the time care is rendered; and

(
9) allow for the use of telehealth to
facilitate increased access to regulated social work services.

S
ection
40-63-520
.
(
A) As used in this compact, and except as otherwise provided,
the following definitions shall apply:

(
1) "Active Duty Military" means any
individual in full-time duty status in the active uniformed service of the
United States including members of the National Guard and Reserve.

(
2) "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.

(
3) "Alternative Program" means a
nondisciplinary monitoring or practice remediation process approved by a social
work licensing authority to address impaired practitioners.

(
4) "Compact Commission" or
"Commission" means the national administrative body whose membership consists
of all member states that have enacted the compact.

(
5) "Current Significant Investigative
Information" means:

(
a) 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

(
b) 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.

(
6) "Data System" means a repository
of information about licensees, including, but not limited to, continuing
education, examination, licensure, current significant investigative
information, disqualifying event, interstate compact license and adverse action
information or other information as required by the commission.

(
7) "Domicile" means the jurisdiction
in which the licensee resides and intends to remain indefinitely.

(
8) "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 an interstate
compact license.

(
9) "Encumbered License" means a
license in which an adverse action restricts the practice of social work by the
licensee and said adverse action is reportable to the National Practitioners
Data Bank (NPDB).

(
10) "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.

(
11) "Executive Committee" means a
group of directors elected or appointed to act on behalf of, and within the
powers granted to them by, the compact and commission.

(
12) "Home State" means the member
state that is the licensee's primary domicile.

(
13) "Impaired Practitioner" means an
individual who has a condition that may impair their ability to engage in full
and unrestricted practice as a regulated social worker without some type of
intervention and may include, but are not limited to, alcohol and drug
dependence, mental health impairment, and neurological or physical impairments.

(
14) "Licensee" means an individual
who currently holds an authorization from the state to practice as a regulated
social worker.

(
15) "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.

(
16) "Member State" means a state,
commonwealth, district, or territory of the United States of America that has
enacted the compact.

(
17) "Multistate Authorization to
Practice" means a legal authorization, which is equivalent to a license,
associated with an interstate compact license permitting the practice of social
work in a remote state.

(
18) "Interstate Compact 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 party states under a multistate authorization to practice.

(
19) "Qualifying National Exam" means
a national licensing examination developed and administered by a national
association of social work licensing authorities or other competency assessment
approved by the commission.

(
20) "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.

(
21) "Remote State" means a member
state other than the home state, where a licensee is exercising or seeking to
exercise the multistate authorization to practice.

(
22) "Rule of the Commission" means a
regulation or regulations duly promulgated by the commission, as authorized by
the compact, that has the force of law.

(
23) "Scope of Practice" means the
procedures, actions, and processes a regulated social worker in a state is
permitted to undertake in that state and the circumstances under which the
regulated social worker is permitted to undertake those procedures, actions and
processes. Such procedures, actions and processes and the circumstances under
which they may be undertaken may be established through official means,
including, but not limited to, statute, rules and regulations, case law, and
other processes available to the state regulatory authority or other government
agency.

(
24) "Single State License" means a
social work license issued by any state that authorizes practice only within
the issuing state and does not include a multistate authorization to practice
in any member state.

(
25) "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.

(
26) "State" means any state,
commonwealth, district, or territory of the United States of America that
regulates the practice of social work.

(
27)
"Unencumbered License" means a license that authorizes a regulated social
worker to engage in the full and unrestricted practice of social work.
As used in this compact, and except as otherwise provided, the
following definitions shall apply:

(
1) "Active military member" means any
individual in full-time duty status in the active Armed Forces of the United
States including members of the National Guard and Reserve.

(
2) "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 license, limitation on the licensee's practice, or any other
encumbrance on licensure affecting a regulated social worker's authority to
practice, including issuance of a cease and desist action.

(
3) "Alternative program" means a
nondisciplinary monitoring or practice remediation process approved by a
licensing authority to address practitioners with an impairment.

(
4) "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 defined in Section
40-63-640
.

(
5) "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 defined in Section
40-63-600
, and which shall
operate as an instrumentality of the member states.

(
6) "Current significant investigative
information" means:

(
a) 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 groundless and, if proved true, would indicate more than a minor infraction
as may be defined by the commission; or

(
b) 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.

(
7) "Data system" means a repository
of information about licensees including, but not limited to, continuing
education, examination, licensure, current significant investigative
information, disqualifying event, multistate license(s) and adverse action information
or other information as required by the commission.

(
8) "Domicile" means the jurisdiction
in which the licensee resides and intends to remain indefinitely.

(
9) "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.

(
10) "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.

(
11) "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.

(
12) "Home state" means the member
state that is the licensee's primary domicile.

(
13) "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, but are not limited to, alcohol and drug
dependence, mental health impairment, and neurological or physical impairments.

(
14) "Licensee(s)" means an
individual who currently holds a license from a state to practice as a
Regulated Social Worker.

(
15) "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.

(
16) "Member state" means a state,
commonwealth, district, or territory of the United States of America that has
enacted this compact.

(
17) "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.

(
18) "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.

(
19) "Qualifying national exam" means
a national licensing examination approved by the commission.

(
20) "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.

(
21) "Remote state" means a member
state other than the licensee's home state.

(
22) "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.

(
23) "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.

(
24) "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.

(
25) "State" means any state,
commonwealth, district, or territory of the United States of America that
regulates the practice of social work.

(
26) "Unencumbered license" means a
license that authorizes a regulated social worker to engage in the full and
unrestricted practice of social work.

S
ection
40-63-530
.
(
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 clinical,
master's, or bachelor's categories of social work practice.

(
2) Require applicants for licensure
to pass a corresponding qualifying national exam for the category of licensure
sought as outlined in Section
40-63-540
.

(
3) Require applicants for licensure
to graduate from a program that is accredited by an accrediting agency
recognized by the Council for Higher Education Accreditation, or its successor,
or by the United States Department of Education and operated by a college or
university recognized by the licensing authority and that corresponds to the
licensure sought as outlined in Section
40-63-540
.

(
4) Require applicants for clinical
licensure to complete a period of supervised practice.

(
5) 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) participate fully in the
commission's data system, including using the commission's unique identifier as
defined in rules;

(
2) 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;

(
3) implement or utilize procedures
for considering the criminal history records of applicants for an initial
interstate compact license. These 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 for the sole purpose of affirming or denying
eligibility for participation in the compact; provided:

(
a) a member state must utilize or
fully implement a criminal background check requirement, within a time frame
established by rule of the commission, by receiving the results of the Federal
Bureau of Investigation record search and shall use the results in making
licensure decisions determining eligibility for participation in the compact;
and

(
b) communication between a member
state, the commission and among member states, through the data system or
otherwise, regarding the verification of any information received from the
Federal Bureau of Investigation relating to a federal criminal records check
performed by a member state under Public Law 92-544;

(
4) comply with the rules of the
commission;

(
5) 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;

(
6) authorize a licensee holding an
interstate compact license in any member state to practice in accordance with
the terms of the compact and rules of the commission; and

(
7) designate a delegate to
participate in the commission meetings.

(
C) Home states may charge a fee for
granting the interstate compact license.

(D) An interstate compact
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 the member state.
(
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:

(
i) the Council for Higher Education
Accreditation, or its successor; or

(
ii) the United States Department of
Education; and

(
c) corresponds to the licensure
sought as outlined in Section
40-63-540
.

(
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 applicants for a
multistate license pass a qualifying national exam for the corresponding
category of multistate license sought as outlined in Section
40-63-540
;

(
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 to require
that for initial licensure require an applicant must undergo a state criminal
record check, supported by fingerprints, by the State Law Enforcement Division
(SLED) and a national criminal record check, supported by fingerprints, by the
Federal Bureau of Investigation (FBI). The results of these criminal record
checks must be reported to the board for review in accordance with Section
40-1-140
. The fees for conducting the criminal record checks shall be borne by
the applicant. SLED and the FBI are authorized to store the prints for
notification purposes.

(
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 subsections (A) and (B) 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
40-63-540
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.

S
ection
40-63-540
.
(
A) To be eligible for an interstate compact license under the
terms and provisions of the compact, a regulated social worker, regardless of
category must:

(
1) hold an active, unencumbered
license in the home state;

(
2) have an active United States
social security number, qualifying national exam number, or an identifier as
determined by the commission;

(
3) pay any applicable fees, including
any state fee, for the interstate compact license;

(
4) meet any continuing competence
requirements established by the home state;

(
5) notify the home state of any
adverse action, encumbrance, or restriction on any professional license taken
by any member state or nonmember state within thirty days from the date the
action is taken; and

(
6) abide by the laws, regulations,
and scope of practice in the member state where the client is located at the
time care is rendered.

(
B) A regulated social worker who is
a clinical category social worker must meet the following requirements:

(
1) passed a clinical-category
qualifying national exam. Regulated social workers holding an active and
unencumbered license, who were licensed in a state before a qualifying national
exam was required, may be exempted from this requirement, as provided for by
the rules of the commission; and

(
2) graduated with a master's degree,
or higher, in social work, from a program that is accredited by an accrediting
agency recognized by the Council for Higher Education Accreditation, or its
successor, or by the United States Department of Education and operated by a
college or university recognized by the licensing authority; and

(
3) completed a period of three
thousand hours or two years of full-time postgraduate supervised clinical
practice.

(
C) A regulated social worker who is
a master's category social worker must have:

(
1) passed a master's-category
qualifying national exam. Regulated social workers holding an active and
unencumbered license, who were licensed in a state before a qualifying national
exam was required, may be exempted from this requirement, as provided for by
the rules of the commission; and

(
2) graduated with a master's degree,
or higher, in social work, from a program that is accredited by an accrediting
agency recognized by the Council for Higher Education Accreditation, or its
successor, or by the United States Department of Education and operated by a
college or university recognized by the licensing authority.

(
D) A regulated social worker who is
a bachelor's-category social worker must have:

(
1) passed a bachelor's-category
qualifying national exam. Regulated social workers holding an active and
unencumbered license, who were licensed in a state before a qualifying national
exam was required, may be exempted from this requirement, as provided for by
the rules of the commission; and

(
2) graduated with a bachelor's
degree, or higher, in social work, from a program that is accredited by an
accrediting agency recognized by the Council for Higher Education
Accreditation, or its successor, or by the United States Department of
Education and operated by a college or university recognized by the licensing
authority.

(
E) The interstate compact 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).

(
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/or take any other necessary actions to protect the health and safety of its
citizens.

(
G) If a home state license is
encumbered, the regulated social worker's multistate authorization to practice
shall be deactivated in all remote states until the home state 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.

(I) Nothing in this compact
shall affect the requirements established by a member state for the issuance of
a single state license.
(
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;

(
2) pay any applicable fees, including
any state fee, for the multistate license;

(
3) undergo, in connection with an
application for a multistate license, a state criminal record check, supported
by fingerprints, by the State Law Enforcement Division (SLED) and a national
criminal record check, supported by fingerprints, by the Federal Bureau of
Investigation (FBI). The results of these criminal record checks must be
reported to the board for review in accordance with Section
40-1-140
. The fees
for conducting the criminal record checks must be borne by the applicant. SLED
and the FBI are authorized to store the prints for notification purposes;

(
4) notify the home state of any
adverse action, encumbrance, or restriction on any professional license taken
by any member state or nonmember state within thirty days from the date the
action is taken;

(
5) meet any continuing competency
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:

(
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:

(
i) the Council for Higher Education
Accreditation or its successor; or

(
ii) 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 hours; or

(
b) a minimum of two 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 masters-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.

(
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:

(
i) the Council for Higher Education
Accreditation or its successor; or

(
ii) 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:

(
i) the Council for Higher Education
Accreditation or its successor; or

(
ii) 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).

(
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.

S
ection
40-63-550
.
(
A) If qualified, a regulated social worker may hold an
interstate compact license issued by a home state licensing authority, which
authorizes the regulated social worker to practice in all member states under a
multistate authorization to practice.

(
B) If an interstate compact license
holder with multistate authorization to practice changes primary state of
domicile by moving between two member states:

(
1) the interstate compact license
holder shall file an application for obtaining a new home state license based
on their interstate compact license which grants a multistate authorization to
practice, pay all applicable fees, and notify the current and new home member
state in accordance with applicable rules adopted by the commission; and

(
2) upon receipt of an application for
obtaining a new home state license based on the interstate compact license
which grants a multistate authorization to practice, the new home member state
may verify that the regulated social worker meets the pertinent criteria
outlined in Section
40-63-540
via the data system, without need for primary
source verification except for:

(
i) a Federal Bureau of Investigation
fingerprint-based criminal background check if not previously performed or
updated pursuant to applicable rules adopted by the commission in accordance
with Public Law 92-544;

(
ii) other criminal background check
as required by the new home state; and

(
iii) completion of any requisite
jurisprudence requirements of the new home state.

(
3) The former home state may convert
the former home state license into a multistate authorization to practice once
the new home state has activated the new home state license in accordance with
applicable rules adopted by the commission.

(
4) Notwithstanding any other
provision of this compact, if the regulated social worker cannot meet the
criteria in Section
40-63-540
, the new home state may apply its requirements
for issuing a new single state license.

(
5) The regulated social worker shall
pay all applicable fees to the new home state in order to be issued a new home
state license.

(
C) If a regulated social worker
changes primary state of domicile by moving from a member state to a nonmember
state, the nonmember state criteria shall apply for issuance of a single state
license in the new nonmember state.

(
D) Nothing in this compact shall
interfere with a regulated social worker's ability to hold a single state
license in multiple states, however for the purposes of this compact, a
regulated social worker shall have only one home state license.

(E) Nothing in this compact
shall affect the requirements established by a member state for the issuance of
a single state license.
(
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
40-63-540
.

(
B) If such applicant is eligible
pursuant to Section
40-63-540
, 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.

(
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 the member state.

S
ection
40-63-560
.
Active duty military personnel, or their
spouse, shall designate a home state where the individual has a current license
in good standing. The individual may retain the home state designation during
the period the service member is on active duty. Subsequent to designating a
home state, the individual may only change their home state through application
for licensure in the new state, or through the process outlined in Section
40-63-550
.
(
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 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.

S
ection
40-63-570
.
(
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 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
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; and

(
2) only the home state shall have the
power to take adverse action against a regulated social worker's home state
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 primary state
of domicile 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 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 regulated social work practice act
or other applicable state law, any member state may participate with other
member states in joint investigations of licensees; and

(
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 interstate compact 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 interstate compact 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.

(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.
(
A) A licensee may 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 require an applicant to undergo a
state criminal record check, supported by fingerprints, by the State Law
Enforcement Division (SLED) and a national criminal record check, supported by
fingerprints, by the Federal Bureau of Investigation (FBI). The results of
these criminal record checks must be reported to the board for review in
accordance with Section
40-1-140
. The fees for conducting the criminal record
checks must be borne by the applicant. SLED and the FBI are authorized to store
the prints for notification purposes.

(
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 nonmember state,
or from a nonmember 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.

S
ection
40-63-580
.
(
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 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
40-63-620
.

(
B) Membership, voting, and meetings:

(
1) Each member state shall have and
be limited to one delegate selected by that member state's 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
worker or public member of the licensing authority; or

(
b) an administrator of the licensing
authority or their designee.

(
3) The commission shall by rule or
bylaws establish a term of office for delegates and may by rule or bylaws
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 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, video conference
or other similar electronic means.

(
C) The commission shall have the
following powers and duties:

(
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 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 to 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, or
otherwise to 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 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 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 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 such as 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;

(
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 rules or
bylaws; and

(
i) other duties as provided in the
rules or bylaws of the commission.

(
2) The executive committee shall be
composed of up to nine members:

(
a) the chair and vice chair of the
commission shall be voting members of the executive committee;

(
b) five voting members who are
elected by the commission from the current membership of the commission; and

(
c) up to two ex-officio, nonvoting
members from two recognized national social worker organizations.

(
d) The ex-officio members will be
selected by their respective organizations (and which will rotate terms in
alphabetical order of the 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 subsection (F)(2).

(
b) The executive committee shall give
seven 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 subsection (F)(1)(b).

(
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 subsection (F)(2):

(
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
40-63-610
, except that the
commission may hold a special meeting as provided in subsection (F)(1)(b).

(
b) the commission 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 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;

(
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.

(
2) The commission may accept any and
all appropriate revenue sources, as provided in subsection(C)(12).

(
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 an interstate compact 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 wilful
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.

(
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 wilful 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.
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.

S
ection
40-63-590
.
(
A) The commission shall provide for the development,
maintenance, operation, and utilization of a coordinated database and reporting
system containing licensure, adverse action, and the presence of current
significant investigative information on all licensed individuals in member
states.

(
B) 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
or an interstate compact license and information related thereto;

(
4) nonconfidential information
related to alternative program participation, the beginning and end 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 for such 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.

(
C) 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.

(
D) Current significant investigative
information pertaining to a licensee in any member state will only be available
to other member states.

(
E) 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.
(
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
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.

(
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 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.

(
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. 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.

(
J) 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.

S
ection
40-63-600
.
(
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 scope of practice 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 as of the date specified
in each rule.

(
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
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 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 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, 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 therefore;

(
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 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. The commission also:

(
1) may adopt changes to the proposed
rule provided 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 Section
40-63-610
(L), the effective date of the rule shall be no sooner than thirty
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
twenty-four or forty-eight 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 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 website of the commission. 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 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.
(
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
40-63-640
.

(
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
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 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 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, consumer representatives, and such other 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;

(
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 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;

(
d) the ex-officio members will 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 subsection (F)(2).

(
b) The executive committee shall give
seven 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 subsection (F)(1)(b).

(
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 item (2).

(
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
40-63-620
, except that the
commission may hold a special meeting as provided in item (1)(b).

(
b) The commission 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 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;

(
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.

(
2) The commission may accept any and
all appropriate revenue sources as provided in subsection (C)(13).

(
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 wilful 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.

(
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 wilful 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 wilful 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.

S
ection
40-63-610
.
(
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) 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
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 this compact for a
minimum of six 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 Unites States 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 nonmember 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 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.

(
3) No person other than a member
state shall enforce this compact against the commission.

(
A) The commission shall provide
for the development, maintenance, operation, and utilization of a coordinated
database and reporting system containing licensure, adverse action, and the
presence of current significant investigative information on all licensed
individuals in member states.

(
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 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, and shall be entitled to any
associated hearsay exception in any relevant judicial, quasijudicial or
administrative proceedings in a member state.

(
E)
(
1) Current significant investigative
information pertaining to a licensee in any member state will only be available
to other member states.

(
2) 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.

S
ection
40-63-620
.
(
A) The compact shall come into effect on the date on which the
compact statute is enacted into law in the seventh member state. The
provisions, which become effective at that time, shall be limited to the powers
granted to the commission relating to assembly and the promulgation of rules.
Thereafter, the commission shall meet and exercise rulemaking powers necessary
to the implementation and administration of the compact. All actions taken for
the benefit of the commission and/or in furtherance of the purposes of the
administration of the compact prior to the effective date of the compact and/or
the commission coming into existence shall be considered to be actions of the
commission unless specifically repudiated by the commission.

(
B) 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.

(
C) 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 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.

(
D) 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 six
months after the date of such notice of withdrawal.

(
E) Nothing contained in this compact
shall be construed to invalidate or prevent any social work licensure agreement
or other cooperative arrangement between a member state and a nonmember state
that does not conflict with the provisions of this compact.

(F) 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.
(
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 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.

(
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
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 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, 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 therefore;

(
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 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), the effective date of the rule shall be no sooner than thirty
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 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 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 website of the commission. 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 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.

S
ection
40-63-630
.
(
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.

(
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), the commission may deny a state's participation in the compact
or, in accordance with the requirements of Section
40-63-620
(B), terminate a
member state's participation in the compact, if it determines that a constitutional
requirement of a member state is, or would be with respect to a state seeking
to participate in the compact, 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.
(
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
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 this compact for a
minimum of six 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 nonmember 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 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.

(
3) No person other than a member
state shall enforce this compact against the commission.

S
ection
40-63-640
.
(
A) A licensee providing services in a remote state under a
multistate authorization to practice shall adhere to the laws and regulations,
including scope of practice, of the remote state where the client is located at
the time care is rendered.

(
B) Nothing herein prevents the
enforcement of any other law of a member state that is not inconsistent with
the compact.

(
C) Any laws in a member state in
conflict with the compact are superseded to the extent of the conflict.

(
D) Any lawful actions of the
commission, including all rules and bylaws properly promulgated by the
commission, are binding upon the member states.

(
E) All permissible agreements
between the commission and the member states are binding in accordance with
their terms.

(F) In the event any
provision of the compact exceeds the constitutional limits imposed on the
legislature of any member state, the provision shall be ineffective to the
extent of the conflict with the constitutional provision in question in that
member state.
(
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
40-63-630
.

(
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 Section
40-63-600
(C)(21) 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 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 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 six
months 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 nonmember 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.

S
ECTION 2.
A
rticle 3, Chapter 63, Title 40 of the S.C. Code is
amended by adding:

S
ection
40-63-650
.
(
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.

(
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), the commission may deny a state's participation
in the compact or, in accordance with the requirements of Section
40-63-630
(B),
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.

S
ection
40-63-660
.
(
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.

S
ECTION 3. This act takes effect upon approval
by the Governor.

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This web page was last updated on January 13, 2026 at 2:38 PM