HB 110: "An Act relating to a social work licensure compact; relating to the practice of social work; and providing for an effective date."
00 HOUSE BILL NO. 110 01 "An Act relating to a social work licensure compact; relating to the practice of social 02 work; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.95.030 is amended to read: 05 Sec. 08.95.030. Duties. The board shall 06 (1) issue licenses to qualified applicants; 07 (2) adopt regulations 08 (A) requiring that continuing education requirements be 09 satisfied before a license is renewed; 10 (B) establishing a code of professional ethics that a licensee 11 must observe; 12 (C) establishing standards of practice for social work 13 performed by a licensee; [AND] 14 (D) establishing standards for supervisors and for supervision
01 that is required for licensure under AS 08.95.110(a); 02 (E) [(3) ADOPT REGULATIONS] necessary to carry out the 03 duties and purpose of this chapter; and 04 (F) necessary to implement the Social Work Licensure 05 Compact enacted under AS 08.95.200; and 06 (3) appoint a member of the board to serve as a delegate on the 07 Social Work Licensure Compact Commission established under AS 08.95.200. 08 * Sec. 2. AS 08.95.100(a) is amended to read: 09 (a) A person who practices clinical social work without obtaining a license 10 under this chapter to practice clinical social work is guilty of a class B misdemeanor 11 unless the person is 12 (1) licensed under a provision of this title that is outside this chapter, is 13 practicing within the scope of that license, and is not representing to the public by title 14 or description of service as being engaged in the practice of clinical social work; [OR] 15 (2) practicing clinical social work as a student in a social work 16 program approved by the board; or 17 (3) practicing clinical social work under a multistate authorization 18 to practice. 19 * Sec. 3. AS 08.95.100(b) is amended to read: 20 (b) A person is guilty of a class B misdemeanor if the person does not hold a 21 valid license or multistate authorization to practice [IS NOT LICENSED] 22 (1) under this chapter and uses the title "social worker" unless the 23 person is exempt from licensure under AS 08.95.911; 24 (2) as a clinical social worker under this chapter [OR HAS A 25 CLINICAL SOCIAL WORKER LICENSE THAT IS SUSPENDED, REVOKED, OR 26 LAPSED,] and the person 27 (A) uses in connection with the person's name the words or 28 letters "L.C.S.W.," "Licensed Clinical Social Worker," or other letters, words, 29 or insignia indicating or implying that the person is a licensed clinical social 30 worker; or 31 (B) in any way, orally or in writing, directly or by implication,
01 holds out as a licensed clinical social worker; 02 (3) as a master social worker under this chapter [OR HAS A MASTER 03 SOCIAL WORKER LICENSE THAT IS SUSPENDED, REVOKED, OR LAPSED,] 04 and the person 05 (A) uses in connection with the person's name the words or 06 letters "L.M.S.W.," "Licensed Master Social Worker," or other letters, words, 07 or insignia indicating or implying that the person is a licensed master social 08 worker; or 09 (B) in any way, orally or in writing, directly or by implication, 10 holds out as being a licensed master social worker; or 11 (4) as a baccalaureate social worker under this chapter [OR HAS A 12 BACCALAUREATE SOCIAL WORKER LICENSE THAT IS SUSPENDED, 13 REVOKED, OR LAPSED,] and the person 14 (A) uses in connection with the person's name the words or 15 letters "L.B.S.W.," "Licensed Baccalaureate Social Worker," or other letters, 16 words, or insignia indicating or implying that the person is a licensed 17 baccalaureate social worker; or 18 (B) in any way, orally or in writing, directly or by implication, 19 holds out as being a licensed baccalaureate social worker. 20 * Sec. 4. AS 08.95.120 is amended by adding a new subsection to read: 21 (c) This section does not apply to an applicant who is a regulated social 22 worker. 23 * Sec. 5. AS 08.95.125 is amended by adding a new subsection to read: 24 (f) This section does not apply to an applicant who is a regulated social 25 worker. 26 * Sec. 6. AS 08.95 is amended by adding a new section to read: 27 Article 2A. Social Work Licensure Compact. 28 Sec. 08.95.200. Compact enacted. The Social Work Licensure Compact as 29 contained in this section is enacted into law and entered into on behalf of the state with 30 all other states and jurisdictions legally joining it in a form substantially as follows: 31 SECTION 1. PURPOSE.
01 The purpose of this Compact is to facilitate interstate practice of Regulated 02 Social Workers by improving public access to competent Social Work Services. The 03 Compact preserves the regulatory authority of States to protect public health and 04 safety through the current system of State licensure. 05 This Compact is designed to achieve the following objectives: 06 (A) Increase public access to Social Work Services; 07 (B) Reduce overly burdensome and duplicative requirements 08 associated with holding multiple licenses; 09 (C) Enhance the Member States' ability to protect the public's health 10 and safety; 11 (D) Encourage the cooperation of Member States in regulating 12 multistate practice; 13 (E) Promote mobility and address workforce shortages by eliminating 14 the necessity for licenses in multiple States by providing for the mutual recognition of 15 other Member State licenses; 16 (F) Support military families; 17 (G) Facilitate the exchange of licensure and disciplinary information 18 among Member States; 19 (H) Authorize all Member States to hold a Regulated Social Worker 20 accountable for abiding by a Member State's laws, regulations, and applicable 21 professional standards in the Member State in which the client is located at the time 22 care is rendered; and 23 (I) Allow for the use of telehealth to facilitate increased access to 24 regulated Social Work Services. 25 SECTION 2. DEFINITIONS. 26 As used in this Compact, and except as otherwise provided, the following 27 definitions shall apply: 28 (A) "Active Military Member" means any individual with full-time 29 duty status in the active armed forces of the United States including members of the 30 National Guard and Reserve. 31 (B) "Adverse Action" means any administrative, civil, equitable or
01 criminal action permitted by a State's laws which is imposed by a Licensing Authority 02 or other authority against a Regulated Social Worker, including actions against an 03 individual's license or Multistate Authorization to Practice such as revocation, 04 suspension, probation, monitoring of the Licensee, limitation on the Licensee's 05 practice, or any other Encumbrance on licensure affecting a Regulated Social Worker's 06 authorization to practice, including issuance of a cease and desist action. 07 (C) "Alternative Program" means a non-disciplinary monitoring or 08 practice remediation process approved by a Licensing Authority to address 09 practitioners with an Impairment. 10 (D) "Charter Member States" means Member States who have enacted 11 legislation to adopt this Compact where such legislation predates the effective date of 12 this Compact as described in Section 14. 13 (E) "Compact Commission" or "Commission" means the government 14 agency whose membership consists of all States that have enacted this Compact, 15 which is known as the Social Work Licensure Compact Commission, as described in 16 Section 10, and which shall operate as an instrumentality of the Member States. 17 (F) "Current Significant Investigative Information" means: 18 (1) Investigative information that a Licensing Authority, after a 19 preliminary inquiry that includes notification and an opportunity for the 20 Regulated Social Worker to respond, has reason to believe is not groundless 21 and, if proved true, would indicate more than a minor infraction as may be 22 defined by the Commission; or 23 (2) Investigative information that indicates that the Regulated 24 Social Worker represents an immediate threat to public health and safety, as 25 may be defined by the Commission, regardless of whether the Regulated 26 Social Worker has been notified and has had an opportunity to respond. 27 (G) "Data System" means a repository of information about Licensees, 28 including continuing education, examination, licensure, Current Significant 29 Investigative Information, Disqualifying Event, Multistate License(s) and Adverse 30 Action information or other information as required by the Commission. 31 (H) "Disqualifying Event" means any Adverse Action or incident
01 which results in an Encumbrance that disqualifies or makes the Licensee ineligible to 02 either obtain, retain or renew a Multistate License. 03 (I) "Domicile" means the jurisdiction in which the Licensee resides 04 and intends to remain indefinitely. 05 (J) "Encumbrance" means a revocation or suspension of, or any 06 limitation on, the full and unrestricted practice of Social Work licensed and regulated 07 by a Licensing Authority. 08 (K) "Executive Committee" means a group of delegates elected or 09 appointed to act on behalf of, and within the powers granted to them by, the Compact 10 and Commission. 11 (L) "Home State" means the Member State that is the Licensee's 12 primary Domicile. 13 (M) "Impairment" means a condition(s) that may impair a 14 practitioner's ability to engage in full and unrestricted practice as a Regulated Social 15 Worker without some type of intervention and may include alcohol and drug 16 dependence, mental health impairment, and neurological or physical impairments. 17 (N) "Licensee(s)" means an individual who currently holds a license 18 from a State to practice as a Regulated Social Worker. 19 (O) "Licensing Authority" means the board or agency of a Member 20 State, or equivalent, that is responsible for the licensing and regulation of Regulated 21 Social Workers. 22 (P) "Member State" means a state, commonwealth, district, or territory 23 of the United States of America that has enacted this Compact. 24 (Q) "Multistate Authorization to Practice" means a legally authorized 25 privilege to practice, which is equivalent to a license, associated with a Multistate 26 License permitting the practice of Social Work in a Remote State. 27 (R) "Multistate License" means a license to practice as a Regulated 28 Social Worker issued by a Home State Licensing Authority that authorizes the 29 Regulated Social Worker to practice in all Member States under Multistate 30 Authorization to Practice. 31 (S) "Qualifying National Exam" means a national licensing
01 examination approved by the Commission. 02 (T) "Regulated Social Worker" means any clinical, master's or 03 bachelor's Social Worker licensed by a Member State regardless of the title used by 04 that Member State. 05 (U) "Remote State" means a Member State other than the Licensee's 06 Home State. 07 (V) "Rule(s)" or "Rule(s) of the Commission" means a regulation or 08 regulations duly promulgated by the Commission, as authorized by the Compact, that 09 has the force of law. 10 (W) "Single State License" means a Social Work license issued by any 11 State that authorizes practice only within the issuing State and does not include 12 Multistate Authorization to Practice in any Member State. 13 (X) "Social Work" or "Social Work Services" means the application of 14 social work theory, knowledge, methods, ethics, and the professional use of self to 15 restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, 16 couples, families, groups, organizations, and communities through the care and 17 services provided by a Regulated Social Worker as set forth in the Member State's 18 statutes and regulations in the State where the services are being provided. 19 (Y) "State" means any state, commonwealth, district, or territory of the 20 United States of America that regulates the practice of Social Work. 21 (Z) "Unencumbered License" means a license that authorizes a 22 Regulated Social Worker to engage in the full and unrestricted practice of Social 23 Work. 24 SECTION 3. STATE PARTICIPATION IN THE COMPACT. 25 (A) To be eligible to participate in the Compact, a potential Member 26 State must currently meet all of the following criteria: 27 (1) License and regulate the practice of Social Work at either 28 the clinical, master's, or bachelor's category. 29 (2) Require applicants for licensure to graduate from a program 30 that is: 31 (a) Operated by a college or university recognized by
01 the Licensing Authority; 02 (b) Accredited, or in candidacy by an institution that 03 subsequently becomes accredited, by an accrediting agency recognized 04 by either: 05 (i) the Council for Higher Education 06 Accreditation, or its successor; or 07 (ii) the United States Department of Education; 08 and 09 (c) Corresponds to the licensure sought as outlined in 10 Section 4. 11 (3) Require applicants for clinical licensure to complete a 12 period of supervised practice. 13 (4) Have a mechanism in place for receiving, investigating, and 14 adjudicating complaints about Licensees. 15 (B) To maintain membership in the Compact a Member State shall: 16 (1) Require that applicants for a Multistate License pass a 17 Qualifying National Exam for the corresponding category of Multistate 18 License sought as outlined in Section 4. 19 (2) Participate fully in the Commission's Data System, 20 including using the Commission's unique identifier as defined in Rules; 21 (3) Notify the Commission, in compliance with the terms of the 22 Compact and Rules, of any Adverse Action or the availability of Current 23 Significant Investigative Information regarding a Licensee; 24 (4) Implement procedures for considering the criminal history 25 records of applicants for a Multistate License. Such procedures shall include 26 the submission of fingerprints or other biometric-based information by 27 applicants for the purpose of obtaining an applicant's criminal history record 28 information from the Federal Bureau of Investigation and the agency 29 responsible for retaining that State's criminal records. 30 (5) Comply with the Rules of the Commission; 31 (6) Require an applicant to obtain or retain a license in the
01 Home State and meet the Home State's qualifications for licensure or renewal 02 of licensure, as well as all other applicable Home State laws; 03 (7) Authorize a Licensee holding a Multistate License in any 04 Member State to practice in accordance with the terms of the Compact and 05 Rules of the Commission; and 06 (8) Designate a delegate to participate in the Commission 07 meetings. 08 (C) A Member State meeting the requirements of Section 3(A) and 09 3(B) of this Compact shall designate the categories of Social Work licensure that are 10 eligible for issuance of a Multistate License for applicants in such Member State. To 11 the extent that any Member State does not meet the requirements for participation in 12 the Compact at any particular category of Social Work licensure, such Member State 13 may choose, but is not obligated to issue, a Multistate License to applicants that 14 otherwise meet the requirements of Section 4 for issuance of a Multistate License in 15 such category or categories of licensure. 16 (D) The Home State may charge a fee for granting the Multistate 17 License. 18 SECTION 4. SOCIAL WORKER PARTICIPATION IN THE COMPACT. 19 (A) To be eligible for a Multistate License under the terms and 20 provisions of the Compact, an applicant, regardless of category, must: 21 (1) Hold or be eligible for an active, Unencumbered License in 22 the Home State; 23 (2) Pay any applicable fees, including any State fee, for the 24 Multistate License; 25 (3) Submit, in connection with an application for a Multistate 26 License, fingerprints or other biometric data for the purpose of obtaining 27 criminal history record information from the Federal Bureau of Investigation 28 and the agency responsible for retaining that State's criminal records; 29 (4) Notify the Home State of any Adverse Action, 30 Encumbrance, or restriction on any professional license taken by any Member 31 State or non-Member State within 30 days from the date the action is taken;
01 (5) Meet any continuing competence requirements established 02 by the Home State; 03 (6) Abide by the laws, regulations, and applicable standards in 04 the Member State where the client is located at the time care is rendered. 05 (B) An applicant for a clinical-category Multistate License must meet 06 all of the following requirements: 07 (1) Fulfill a competency requirement, which shall be satisfied 08 by either: 09 (a) Passage of a clinical-category Qualifying National 10 Exam; 11 (b) Licensure of the applicant in their Home State at the 12 clinical category, beginning prior to such time as a Qualifying National 13 Exam was required by the Home State and accompanied by a period of 14 continuous Social Work licensure thereafter, all of which may be 15 further governed by the Rules of the Commission; or 16 (c) The substantial equivalency of the foregoing 17 competency requirements which the Commission may determine by 18 Rule. 19 (2) Attain at least a master's degree in Social Work from a 20 program that is: 21 (a) Operated by a college or university recognized by 22 the Licensing Authority; and 23 (b) Accredited, or in candidacy that subsequently 24 becomes accredited, by an accrediting agency recognized by either: 25 (i) the Council for Higher Education 26 Accreditation or its successor; or 27 (ii) the United States Department of Education. 28 (3) Fulfill a practice requirement, which shall be satisfied by 29 demonstrating completion of either: 30 (a) A period of postgraduate supervised clinical practice 31 equal to a minimum of three thousand hours;
01 (b) A minimum of two years of full-time postgraduate 02 supervised clinical practice; or 03 (c) The substantial equivalency of the foregoing 04 practice requirements which the Commission may determine by Rule. 05 (C) An applicant for a master's-category Multistate License must meet 06 all of the following requirements: 07 (1) Fulfill a competency requirement, which shall be satisfied 08 by either: 09 (a) Passage of a masters-category Qualifying National 10 Exam; 11 (b) Licensure of the applicant in their Home State at the 12 master's category, beginning prior to such time as a Qualifying 13 National Exam was required by the Home State at the master's category 14 and accompanied by a continuous period of Social Work licensure 15 thereafter, all of which may be further governed by the Rules of the 16 Commission; or 17 (c) The substantial equivalency of the foregoing 18 competency requirements which the Commission may determine by 19 Rule. 20 (2) Attain at least a master's degree in Social Work from a 21 program that is: 22 (a) Operated by a college or university recognized by 23 the Licensing Authority; and 24 (b) Accredited, or in candidacy that subsequently 25 becomes accredited, by an accrediting agency recognized by either: 26 (i) the Council for Higher Education 27 Accreditation or its successor; or 28 (ii) the United States Department of Education. 29 (D) An applicant for a bachelor's-category Multistate License must 30 meet all of the following requirements: 31 (1) Fulfill a competency requirement, which shall be satisfied
01 by either: 02 (a) Passage of a bachelor's-category Qualifying 03 National Exam; 04 (b) Licensure of the applicant in their Home State at the 05 bachelor's category, beginning prior to such time as a Qualifying 06 National Exam was required by the Home State and accompanied by a 07 period of continuous Social Work licensure thereafter, all of which may 08 be further governed by the Rules of the Commission; or 09 (c) The substantial equivalency of the foregoing 10 competency requirements which the Commission may determine by 11 Rule. 12 (2) Attain at least a bachelor's degree in Social Work from a 13 program that is: 14 (a) Operated by a college or university recognized by 15 the Licensing Authority; and 16 (b) Accredited, or in candidacy that subsequently 17 becomes accredited, by an accrediting agency recognized by either: 18 (i) the Council for Higher Education 19 Accreditation or its successor; or 20 (ii) the United States Department of Education. 21 (E) The Multistate License for a Regulated Social Worker is subject to 22 the renewal requirements of the Home State. The Regulated Social Worker must 23 maintain compliance with the requirements of Section 4(A) to be eligible to renew a 24 Multistate License. 25 (F) The Regulated Social Worker's services in a Remote State are 26 subject to that Member State's regulatory authority. A Remote State may, in 27 accordance with due process and that Member State's laws, remove a Regulated Social 28 Worker's Multistate Authorization to Practice in the Remote State for a specific period 29 of time, impose fines, and take any other necessary actions to protect the health and 30 safety of its citizens. 31 (G) If a Multistate License is encumbered, the Regulated Social
01 Worker's Multistate Authorization to Practice shall be deactivated in all Remote States 02 until the Multistate License is no longer encumbered. 03 (H) If a Multistate Authorization to Practice is encumbered in a 04 Remote State, the regulated Social Worker's Multistate Authorization to Practice may 05 be deactivated in that State until the Multistate Authorization to Practice is no longer 06 encumbered. 07 SECTION 5. ISSUANCE OF A MULTISTATE LICENSE. 08 (A) Upon receipt of an application for Multistate License, the Home 09 State Licensing Authority shall determine the applicant's eligibility for a Multistate 10 License in accordance with Section 4 of this Compact. 11 (B) If such applicant is eligible pursuant to Section 4 of this Compact, 12 the Home State Licensing Authority shall issue a Multistate License that authorizes 13 the applicant or Regulated Social Worker to practice in all Member States under a 14 Multistate Authorization to Practice. 15 (C) Upon issuance of a Multistate License, the Home State Licensing 16 Authority shall designate whether the Regulated Social Worker holds a Multistate 17 License in the Bachelors, Masters, or Clinical category of Social Work. 18 (D) A Multistate License issued by a Home State to a resident in that 19 State shall be recognized by all Compact Member States as authorizing Social Work 20 Practice under a Multistate Authorization to Practice corresponding to each category 21 of licensure regulated in each Member State. 22 SECTION 6. AUTHORITY OF INTERSTATE COMPACT COMMISSION AND 23 MEMBER STATE LICENSING AUTHORITIES. 24 (A) Nothing in this Compact, nor any Rule of the Commission, shall 25 be construed to limit, restrict, or in any way reduce the ability of a Member State to 26 enact and enforce laws, regulations, or other rules related to the practice of Social 27 Work in that State, where those laws, regulations, or other rules are not inconsistent 28 with the provisions of this Compact. 29 (B) Nothing in this Compact shall affect the requirements established 30 by a Member State for the issuance of a Single State License. 31 (C) Nothing in this Compact, nor any Rule of the Commission, shall
01 be construed to limit, restrict, or in any way reduce the ability of a Member State to 02 take Adverse Action against a Licensee's Single State License to practice Social Work 03 in that State. 04 (D) Nothing in this Compact, nor any Rule of the Commission, shall 05 be construed to limit, restrict, or in any way reduce the ability of a Remote State to 06 take Adverse Action against a Licensee's Multistate Authorization to Practice in that 07 State. 08 (E) Nothing in this Compact, nor any Rule of the Commission, shall be 09 construed to limit, restrict, or in any way reduce the ability of a Licensee's Home State 10 to take Adverse Action against a Licensee's Multistate License based upon 11 information provided by a Remote State. 12 SECTION 7. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE. 13 (A) A Licensee can hold a Multistate License, issued by their Home 14 State, in only one Member State at any given time. 15 (B) If a Licensee changes their Home State by moving between two 16 Member States: 17 (1) The Licensee shall immediately apply for the reissuance of 18 their Multistate License in their new Home State. The Licensee shall pay all 19 applicable fees and notify the prior Home State in accordance with the Rules of 20 the Commission. 21 (2) Upon receipt of an application to reissue a Multistate 22 License, the new Home State shall verify that the Multistate License is active, 23 unencumbered and eligible for reissuance under the terms of the Compact and 24 the Rules of the Commission. The Multistate License issued by the prior Home 25 State will be deactivated and all Member States notified in accordance with the 26 applicable Rules adopted by the Commission. 27 (3) Prior to the reissuance of the Multistate License, the new 28 Home State shall conduct procedures for considering the criminal history 29 records of the Licensee. Such procedures shall include the submission of 30 fingerprints or other biometric-based information by applicants for the purpose 31 of obtaining an applicant's criminal history record information from the
01 Federal Bureau of Investigation and the agency responsible for retaining that 02 State's criminal records. 03 (4) If required for initial licensure, the new Home State may 04 require completion of jurisprudence requirements in the new Home State. 05 (5) Notwithstanding any other provision of this Compact, if a 06 Licensee does not meet the requirements set forth in this Compact for the 07 reissuance of a Multistate License by the new Home State, then the Licensee 08 shall be subject to the new Home State requirements for the issuance of a 09 Single State License in that State. 10 (C) If a Licensee changes their primary State of residence by moving 11 from a Member State to a non-Member State, or from a non-Member State to a 12 Member State, then the Licensee shall be subject to the State requirements for the 13 issuance of a Single State License in the new Home State. 14 (D) Nothing in this Compact shall interfere with a Licensee's ability to 15 hold a Single State License in multiple States; however, for the purposes of this 16 Compact, a Licensee shall have only one Home State, and only one Multistate 17 License. 18 (E) Nothing in this Compact shall interfere with the requirements 19 established by a Member State for the issuance of a Single State License. 20 SECTION 8. MILITARY FAMILIES. 21 An Active Military Member or their spouse shall designate a Home State 22 where the individual has a Multistate License. The individual may retain their Home 23 State designation during the period the service member is on active duty. 24 SECTION 9. ADVERSE ACTIONS. 25 (A) In addition to the other powers conferred by State law, a Remote 26 State shall have the authority, in accordance with existing State due process law, to: 27 (1) Take Adverse Action against a Regulated Social Worker's 28 Multistate Authorization to Practice only within that Member State, and issue 29 subpoenas for both hearings and investigations that require the attendance and 30 testimony of witnesses as well as the production of evidence. Subpoenas issued 31 by a Licensing Authority in a Member State for the attendance and testimony
01 of witnesses or the production of evidence from another Member State shall be 02 enforced in the latter State by any court of competent jurisdiction, according to 03 the practice and procedure of that court applicable to subpoenas issued in 04 proceedings pending before it. The issuing Licensing Authority shall pay any 05 witness fees, travel expenses, mileage, and other fees required by the service 06 statutes of the State in which the witnesses or evidence are located. 07 (2) Only the Home State shall have the power to take Adverse 08 Action against a Regulated Social Worker's Multistate License. 09 (B) For purposes of taking Adverse Action, the Home State shall give 10 the same priority and effect to reported conduct received from a Member State as it 11 would if the conduct had occurred within the Home State. In so doing, the Home State 12 shall apply its own State laws to determine appropriate action. 13 (C) The Home State shall complete any pending investigations of a 14 Regulated Social Worker who changes their Home State during the course of the 15 investigations. The Home State shall also have the authority to take appropriate 16 action(s) and shall promptly report the conclusions of the investigations to the 17 administrator of the Data System. The administrator of the Data System shall promptly 18 notify the new Home State of any Adverse Actions. 19 (D) A Member State, if otherwise permitted by State law, may recover 20 from the affected Regulated Social Worker the costs of investigations and dispositions 21 of cases resulting from any Adverse Action taken against that Regulated Social 22 Worker. 23 (E) A Member State may take Adverse Action based on the factual 24 findings of another Member State, provided that the Member State follows its own 25 procedures for taking the Adverse Action. 26 (F) Joint Investigations: 27 (1) In addition to the authority granted to a Member State by its 28 respective Social Work practice act or other applicable State law, any Member 29 State may participate with other Member States in joint investigations of 30 Licensees. 31 (2) Member States shall share any investigative, litigation, or
01 compliance materials in furtherance of any joint or individual investigation 02 initiated under the Compact. 03 (G) If Adverse Action is taken by the Home State against the 04 Multistate License of a Regulated Social Worker, the Regulated Social Worker's 05 Multistate Authorization to Practice in all other Member States shall be deactivated 06 until all Encumbrances have been removed from the Multistate License. All Home 07 State disciplinary orders that impose Adverse Action against the license of a 08 Regulated Social Worker shall include a statement that the Regulated Social Worker's 09 Multistate Authorization to Practice is deactivated in all Member States until all 10 conditions of the decision, order or agreement are satisfied. 11 (H) If a Member State takes Adverse Action, it shall promptly notify 12 the administrator of the Data System. The administrator of the Data System shall 13 promptly notify the Home State and all other Member States of any Adverse Actions 14 by Remote States. 15 (I) Nothing in this Compact shall override a Member State's decision 16 that participation in an Alternative Program may be used in lieu of Adverse Action. 17 (J) Nothing in this Compact shall authorize a Member State to demand 18 the issuance of subpoenas for attendance and testimony of witnesses or the production 19 of evidence from another Member State for lawful actions within that Member State. 20 (K) Nothing in this Compact shall authorize a Member State to impose 21 discipline against a Regulated Social Worker who holds a Multistate Authorization to 22 Practice for lawful actions within another Member State. 23 SECTION 10. ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT 24 COMMISSION. 25 (A) The Compact Member States hereby create and establish a joint 26 government agency whose membership consists of all Member States that have 27 enacted the Compact known as the Social Work Licensure Compact Commission. The 28 Commission is an instrumentality of the Compact States acting jointly and not an 29 instrumentality of any one State. The Commission shall come into existence on or 30 after the effective date of the Compact as set forth in Section 14. 31 (B) Membership, Voting, and Meetings
01 (1) Each Member State shall have and be limited to one (1) 02 delegate selected by that Member State's State Licensing Authority. 03 (2) The delegate shall be either: 04 (a) A current member of the State Licensing Authority 05 at the time of appointment, who is a Regulated Social Worker or public 06 member of the State Licensing Authority; or 07 (b) An administrator of the State Licensing Authority or 08 their designee. 09 (3) The Commission shall by Rule or bylaw establish a term of 10 office for delegates and may by Rule or bylaw establish term limits. 11 (4) The Commission may recommend removal or suspension 12 of any delegate from office. 13 (5) A Member State's State Licensing Authority shall fill any 14 vacancy of its delegate occurring on the Commission within 60 days of the 15 vacancy. 16 (6) Each delegate shall be entitled to one vote on all matters 17 before the Commission requiring a vote by Commission delegates. 18 (7) A delegate shall vote in person or by such other means as 19 provided in the bylaws. The bylaws may provide for delegates to meet by 20 telecommunication, videoconference, or other means of communication. 21 (8) The Commission shall meet at least once during each 22 calendar year. Additional meetings may be held as set forth in the bylaws. The 23 Commission may meet by telecommunication, videoconference, or other 24 similar electronic means. 25 (C) The Commission shall have the following powers: 26 (1) Establish the fiscal year of the Commission; 27 (2) Establish code of conduct and conflict of interest policies; 28 (3) Establish and amend Rules and bylaws; 29 (4) Maintain its financial records in accordance with the 30 bylaws; 31 (5) Meet and take such actions as are consistent with the
01 provisions of this Compact, the Commission's Rules, and the bylaws; 02 (6) Initiate and conclude legal proceedings or actions in the 03 name of the Commission, provided that the standing of any State Licensing 04 Board to sue or be sued under applicable law shall not be affected; 05 (7) Maintain and certify records and information provided to a 06 Member State as the authenticated business records of the Commission, and 07 designate an agent to do so on the Commission's behalf; 08 (8) Purchase and maintain insurance and bonds; 09 (9) Borrow, accept, or contract for services of personnel, 10 including, but not limited to, employees of a Member State; 11 (10) Conduct an annual financial review; 12 (11) Hire employees, elect or appoint officers, fix 13 compensation, define duties, grant such individuals appropriate authority to 14 carry out the purposes of the Compact, and establish the Commission's 15 personnel policies and programs relating to conflicts of interest, qualifications 16 of personnel, and other related personnel matters; 17 (12) Assess and collect fees; 18 (13) Accept any and all appropriate gifts, donations, grants of 19 money, other sources of revenue, equipment, supplies, materials, and services, 20 and receive, utilize, and dispose of the same; provided that at all times the 21 Commission shall avoid any appearance of impropriety or conflict of interest; 22 (14) Lease, purchase, retain, own, hold, improve, or use any 23 property, real, personal, or mixed, or any undivided interest therein; 24 (15) Sell, convey, mortgage, pledge, lease, exchange, abandon, 25 or otherwise dispose of any property real, personal, or mixed; 26 (16) Establish a budget and make expenditures; 27 (17) Borrow money; 28 (18) Appoint committees, including standing committees, 29 composed of members, State regulators, State legislators or their 30 representatives, and consumer representatives, and such other interested 31 persons as may be designated in this Compact and the bylaws;
01 (19) Provide and receive information from, and cooperate with, 02 law enforcement agencies; 03 (20) Establish and elect an Executive Committee, including a 04 chair and a vice chair; 05 (21) Determine whether a State's adopted language is 06 materially different from the model Compact language such that the State 07 would not qualify for participation in the Compact; and 08 (22) Perform such other functions as may be necessary or 09 appropriate to achieve the purposes of this Compact. 10 (D) The Executive Committee 11 (1) The Executive Committee shall have the power to act on 12 behalf of the Commission according to the terms of this Compact. The powers, 13 duties, and responsibilities of the Executive Committee shall include: 14 (a) Oversee the day-to-day activities of the 15 administration of the Compact including enforcement and compliance 16 with the provisions of the Compact, its Rules and bylaws, and other 17 such duties as deemed necessary; 18 (b) Recommend to the Commission changes to the 19 Rules or bylaws, changes to this Compact legislation, fees charged to 20 Compact Member States, fees charged to Licensees, and other fees; 21 (c) Ensure Compact administration services are 22 appropriately provided, including by contract; 23 (d) Prepare and recommend the budget; 24 (e) Maintain financial records on behalf of the 25 Commission; 26 (f) Monitor Compact compliance of Member States and 27 provide compliance reports to the Commission; 28 (g) Establish additional committees as necessary; 29 (h) Exercise the powers and duties of the Commission 30 during the interim between Commission meetings, except for adopting 31 or amending Rules, adopting or amending bylaws, and exercising any
01 other powers and duties expressly reserved to the Commission by Rule 02 or bylaw; and 03 (i) Other duties as provided in the Rules or bylaws of 04 the Commission. 05 (2) The Executive Committee shall be composed of up to 06 eleven (11) members: 07 (a) The chair and vice chair of the Commission shall be 08 voting members of the Executive Committee; 09 (b) The Commission shall elect five (5) voting members 10 from the current membership of the Commission; 11 (c) Up to four (4) ex-officio, nonvoting members from 12 four (4) recognized national Social Work organizations; and 13 (d) The ex-officio members will be selected by their 14 respective organizations. 15 (3) The Commission may remove any member of the Executive 16 Committee as provided in the Commission's bylaws. 17 (4) The Executive Committee shall meet at least annually. 18 (a) Executive Committee meetings shall be open to the 19 public, except that the Executive Committee may meet in a closed, non- 20 public meeting as provided in subsection F(2) below. 21 (b) The Executive Committee shall give seven (7) days' 22 notice of its meetings, posted on its website and as determined to 23 provide notice to persons with an interest in the business of the 24 Commission. 25 (c) The Executive Committee may hold a special 26 meeting in accordance with subsection F(1)(b) below. 27 (E) The Commission shall adopt and provide to the Member States an 28 annual report. 29 (F) Meetings of the Commission 30 (1) All meetings shall be open to the public, except that the 31 Commission may meet in a closed, non-public meeting as provided in
01 subsection F(2) below. 02 (a) Public notice for all meetings of the full 03 Commission shall be given in the same manner as required under the 04 Rulemaking provisions in Section 12, except that the Commission may 05 hold a special meeting as provided in subsection F(1)(b) below. 06 (b) The Commission may hold a special meeting when 07 it must meet to conduct emergency business by giving 48 hours' notice 08 to all commissioners, on the Commission's website, and other means as 09 provided in the Commission's Rules. The Commission's legal counsel 10 shall certify that the Commission's need to meet qualifies as an 11 emergency. 12 (2) The Commission or the Executive Committee or other 13 committees of the Commission may convene in a closed, non-public meeting 14 for the Commission or Executive Committee or other committees of the 15 Commission to receive legal advice or to discuss: 16 (a) Non-compliance of a Member State with its 17 obligations under the Compact; 18 (b) The employment, compensation, discipline or other 19 matters, practices or procedures related to specific employees; 20 (c) Current or threatened discipline of a Licensee by the 21 Commission or by a Member State's Licensing Authority; 22 (d) Current, threatened, or reasonably anticipated 23 litigation; 24 (e) Negotiation of contracts for the purchase, lease, or 25 sale of goods, services, or real estate; 26 (f) Accusing any person of a crime or formally 27 censuring any person; 28 (g) Trade secrets or commercial or financial 29 information that is privileged or confidential; 30 (h) Information of a personal nature where disclosure 31 would constitute a clearly unwarranted invasion of personal privacy;
01 (i) Investigative records compiled for law enforcement 02 purposes; 03 (j) Information related to any investigative reports 04 prepared by or on behalf of or for use of the Commission or other 05 committee charged with responsibility of investigation or determination 06 of compliance issues pursuant to the Compact; 07 (k) Matters specifically exempted from disclosure by 08 federal or Member State law; or 09 (l) Other matters as promulgated by the Commission by 10 Rule. 11 (3) If a meeting, or portion of a meeting, is closed, the 12 presiding officer shall state that the meeting will be closed and reference each 13 relevant exempting provision, and such reference shall be recorded in the 14 minutes. 15 (4) The Commission shall keep minutes that fully and clearly 16 describe all matters discussed in a meeting and shall provide a full and accurate 17 summary of actions taken, and the reasons therefore, including a description of 18 the views expressed. All documents considered in connection with an action 19 shall be identified in such minutes. All minutes and documents of a closed 20 meeting shall remain under seal, subject to release only by a majority vote of 21 the Commission or order of a court of competent jurisdiction. 22 (G) Financing of the Commission 23 (1) The Commission shall pay, or provide for the payment of, 24 the reasonable expenses of its establishment, organization, and ongoing 25 activities. 26 (2) The Commission may accept any and all appropriate 27 revenue sources as provided in subsection C(13). 28 (3) The Commission may levy on and collect an annual 29 assessment from each Member State and impose fees on Licensees of Member 30 States to whom it grants a Multistate License to cover the cost of the 31 operations and activities of the Commission and its staff, which must be in a
01 total amount sufficient to cover its annual budget as approved each year for 02 which revenue is not provided by other sources. The aggregate annual 03 assessment amount for Member States shall be allocated based upon a formula 04 that the Commission shall promulgate by Rule. 05 (4) The Commission shall not incur obligations of any kind 06 prior to securing the funds adequate to meet the same; nor shall the 07 Commission pledge the credit of any of the Member States, except by and with 08 the authority of the Member State. 09 (5) The Commission shall keep accurate accounts of all 10 receipts and disbursements. The receipts and disbursements of the Commission 11 shall be subject to the financial review and accounting procedures established 12 under its bylaws. However, all receipts and disbursements of funds handled by 13 the Commission shall be subject to an annual financial review by a certified or 14 licensed public accountant, and the report of the financial review shall be 15 included in and become part of the annual report of the Commission. 16 (H) Qualified Immunity, Defense, and Indemnification 17 (1) The members, officers, executive director, employees and 18 representatives of the Commission shall be immune from suit and liability, 19 both personally and in their official capacity, for any claim for damage to or 20 loss of property or personal injury or other civil liability caused by or arising 21 out of any actual or alleged act, error, or omission that occurred, or that the 22 person against whom the claim is made had a reasonable basis for believing 23 occurred, within the scope of Commission employment, duties or 24 responsibilities; provided that nothing in this paragraph shall be construed to 25 protect any such person from suit or liability for any damage, loss, injury, or 26 liability caused by the intentional or willful or wanton misconduct of that 27 person. The procurement of insurance of any type by the Commission shall not 28 in any way compromise or limit the immunity granted hereunder. 29 (2) The Commission shall defend any member, officer, 30 executive director, employee, and representative of the Commission in any 31 civil action seeking to impose liability arising out of any actual or alleged act,
01 error, or omission that occurred within the scope of Commission employment, 02 duties, or responsibilities, or as determined by the Commission that the person 03 against whom the claim is made had a reasonable basis for believing occurred 04 within the scope of Commission employment, duties, or responsibilities; 05 provided that nothing herein shall be construed to prohibit that person from 06 retaining their own counsel at their own expense; and provided further, that the 07 actual or alleged act, error, or omission did not result from that person's 08 intentional or willful or wanton misconduct. 09 (3) The Commission shall indemnify and hold harmless any 10 member, officer, executive director, employee, and representative of the 11 Commission for the amount of any settlement or judgment obtained against 12 that person arising out of any actual or alleged act, error, or omission that 13 occurred within the scope of Commission employment, duties, or 14 responsibilities, or that such person had a reasonable basis for believing 15 occurred within the scope of Commission employment, duties, or 16 responsibilities, provided that the actual or alleged act, error, or omission did 17 not result from the intentional or willful or wanton misconduct of that person. 18 (4) Nothing herein shall be construed as a limitation on the 19 liability of any Licensee for professional malpractice or misconduct, which 20 shall be governed solely by any other applicable State laws. 21 (5) Nothing in this Compact shall be interpreted to waive or 22 otherwise abrogate a Member State's state action immunity or state action 23 affirmative defense with respect to antitrust claims under the Sherman Act, 24 Clayton Act, or any other State or federal antitrust or anticompetitive law or 25 regulation. 26 (6) Nothing in this Compact shall be construed to be a waiver 27 of sovereign immunity by the Member States or by the Commission. 28 SECTION 11. DATA SYSTEM. 29 (A) The Commission shall provide for the development, maintenance, 30 operation, and utilization of a coordinated Data System. 31 (B) The Commission shall assign each applicant for a Multistate
01 License a unique identifier, as determined by the Rules of the Commission. 02 (C) Notwithstanding any other provision of State law to the contrary, a 03 Member State shall submit a uniform data set to the Data System on all individuals to 04 whom this Compact is applicable as required by the Rules of the Commission, 05 including: 06 (1) Identifying information; 07 (2) Licensure data; 08 (3) Adverse Actions against a license and information related 09 thereto; 10 (4) Non-confidential information related to Alternative 11 Program participation, the beginning and ending dates of such participation, 12 and other information related to such participation not made confidential under 13 Member State law; 14 (5) Any denial of application for licensure, and the reason(s) 15 for such denial; 16 (6) The presence of Current Significant Investigative 17 Information; and 18 (7) Other information that may facilitate the administration of 19 this Compact or the protection of the public, as determined by the Rules of the 20 Commission. 21 (D) The records and information provided to a Member State pursuant 22 to this Compact or through the Data System, when certified by the Commission or an 23 agent thereof, shall constitute the authenticated business records of the Commission, 24 and shall be entitled to any associated hearsay exception in any relevant judicial, 25 quasi-judicial or administrative proceedings in a Member State. 26 (E) Current Significant Investigative Information pertaining to a 27 Licensee in any Member State will only be available to other Member States. 28 (1) It is the responsibility of the Member States to report any 29 Adverse Action against a Licensee and to monitor the database to determine 30 whether Adverse Action has been taken against a Licensee. Adverse Action 31 information pertaining to a Licensee in any Member State will be available to
01 any other Member State. 02 (F) Member States contributing information to the Data System may 03 designate information that may not be shared with the public without the express 04 permission of the contributing State. 05 (G) Any information submitted to the Data System that is subsequently 06 expunged pursuant to federal law or the laws of the Member State contributing the 07 information shall be removed from the Data System. 08 SECTION 12. RULEMAKING. 09 (A) The Commission shall promulgate reasonable Rules in order to 10 effectively and efficiently implement and administer the purposes and provisions of 11 the Compact. A Rule shall be invalid and have no force or effect only if a court of 12 competent jurisdiction holds that the Rule is invalid because the Commission 13 exercised its rulemaking authority in a manner that is beyond the scope and purposes 14 of the Compact, or the powers granted hereunder, or based upon another applicable 15 standard of review. 16 (B) The Rules of the Commission shall have the force of law in each 17 Member State, provided however that, where the Rules of the Commission conflict 18 with the laws of the Member State that establish the Member State's laws, regulations, 19 and applicable standards that govern the practice of Social Work as held by a court of 20 competent jurisdiction, the Rules of the Commission shall be ineffective in that State 21 to the extent of the conflict. 22 (C) The Commission shall exercise its Rulemaking powers pursuant to 23 the criteria set forth in this Section and the Rules adopted thereunder. Rules shall 24 become binding on the day following adoption or the date specified in the rule or 25 amendment, whichever is later. 26 (D) If a majority of the legislatures of the Member States rejects a Rule 27 or portion of a Rule, by enactment of a statute or resolution in the same manner used 28 to adopt the Compact within four (4) years of the date of adoption of the Rule, then 29 such Rule shall have no further force and effect in any Member State. 30 (E) Rules shall be adopted at a regular or special meeting of the 31 Commission.
01 (F) Prior to adoption of a proposed Rule, the Commission shall hold a 02 public hearing and allow persons to provide oral and written comments, data, facts, 03 opinions, and arguments. 04 (G) Prior to adoption of a proposed Rule by the Commission, and at 05 least thirty (30) days in advance of the meeting at which the Commission will hold a 06 public hearing on the proposed Rule, the Commission shall provide a Notice of 07 Proposed Rulemaking: 08 (1) On the website of the Commission or other publicly 09 accessible platform; 10 (2) To persons who have requested notice of the Commission's 11 notices of proposed rulemaking; and 12 (3) In such other way(s) as the Commission may by Rule 13 specify. 14 (H) The Notice of Proposed Rulemaking shall include: 15 (1) The time, date, and location of the public hearing at which 16 the Commission will hear public comments on the proposed Rule and, if 17 different, the time, date, and location of the meeting where the Commission 18 will consider and vote on the proposed Rule; 19 (2) If the hearing is held via telecommunication, video 20 conference, or other electronic means, the Commission shall include the 21 mechanism for access to the hearing in the Notice of Proposed Rulemaking; 22 (3) The text of the proposed Rule and the reason therefor; 23 (4) A request for comments on the proposed Rule from any 24 interested person; and 25 (5) The manner in which interested persons may submit written 26 comments. 27 (I) All hearings will be recorded. A copy of the recording and all 28 written comments and documents received by the Commission in response to the 29 proposed Rule shall be available to the public. 30 (J) Nothing in this section shall be construed as requiring a separate 31 hearing on each Rule. Rules may be grouped for the convenience of the Commission
01 at hearings required by this section. 02 (K) The Commission shall, by majority vote of all members, take final 03 action on the proposed Rule based on the Rulemaking record and the full text of the 04 Rule. 05 (1) The Commission may adopt changes to the proposed Rule 06 provided the changes do not enlarge the original purpose of the proposed Rule. 07 (2) The Commission shall provide an explanation of the 08 reasons for substantive changes made to the proposed Rule as well as reasons 09 for substantive changes not made that were recommended by commenters. 10 (3) The Commission shall determine a reasonable effective date 11 for the Rule. Except for an emergency as provided in Section 12(L), the 12 effective date of the rule shall be no sooner than 30 days after issuing the 13 notice that it adopted or amended the Rule. 14 (L) Upon determination that an emergency exists, the Commission 15 may consider and adopt an emergency Rule with 48 hours' notice, with opportunity to 16 comment, provided that the usual Rulemaking procedures provided in the Compact 17 and in this section shall be retroactively applied to the Rule as soon as reasonably 18 possible, in no event later than ninety (90) days after the effective date of the Rule. For 19 the purposes of this provision, an emergency Rule is one that must be adopted 20 immediately in order to: 21 (1) Meet an imminent threat to public health, safety, or welfare; 22 (2) Prevent a loss of Commission or Member State funds; 23 (3) Meet a deadline for the promulgation of a Rule that is 24 established by federal law or rule; or 25 (4) Protect public health and safety. 26 (M) The Commission or an authorized committee of the Commission 27 may direct revisions to a previously adopted Rule for purposes of correcting 28 typographical errors, errors in format, errors in consistency, or grammatical errors. 29 Public notice of any revisions shall be posted on the website of the Commission. The 30 revision shall be subject to challenge by any person for a period of thirty (30) days 31 after posting. The revision may be challenged only on grounds that the revision results
01 in a material change to a Rule. A challenge shall be made in writing and delivered to 02 the Commission prior to the end of the notice period. If no challenge is made, the 03 revision will take effect without further action. If the revision is challenged, the 04 revision may not take effect without the approval of the Commission. 05 (N) No Member State's rulemaking requirements shall apply under this 06 Compact. 07 SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 08 (A) Oversight 09 (1) The executive and judicial branches of State government in 10 each Member State shall enforce this Compact and take all actions necessary 11 and appropriate to implement the Compact. 12 (2) Except as otherwise provided in this Compact, venue is 13 proper and judicial proceedings by or against the Commission shall be brought 14 solely and exclusively in a court of competent jurisdiction where the principal 15 office of the Commission is located. The Commission may waive venue and 16 jurisdictional defenses to the extent it adopts or consents to participate in 17 alternative dispute resolution proceedings. Nothing herein shall affect or limit 18 the selection or propriety of venue in any action against a Licensee for 19 professional malpractice, misconduct or any such similar matter. 20 (3) The Commission shall be entitled to receive service of 21 process in any proceeding regarding the enforcement or interpretation of the 22 Compact and shall have standing to intervene in such a proceeding for all 23 purposes. Failure to provide the Commission service of process shall render a 24 judgment or order void as to the Commission, this Compact, or promulgated 25 Rules. 26 (B) Default, Technical Assistance, and Termination 27 (1) If the Commission determines that a Member State has 28 defaulted in the performance of its obligations or responsibilities under this 29 Compact or the promulgated Rules, the Commission shall provide written 30 notice to the defaulting State. The notice of default shall describe the default, 31 the proposed means of curing the default, and any other action that the
01 Commission may take, and shall offer training and specific technical assistance 02 regarding the default. 03 (2) The Commission shall provide a copy of the notice of 04 default to the other Member States. 05 (C) If a State in default fails to cure the default, the defaulting State 06 may be terminated from the Compact upon an affirmative vote of a majority of the 07 delegates of the Member States, and all rights, privileges and benefits conferred on 08 that State by this Compact may be terminated on the effective date of termination. A 09 cure of the default does not relieve the offending State of obligations or liabilities 10 incurred during the period of default. 11 (D) Termination of membership in the Compact shall be imposed only 12 after all other means of securing compliance have been exhausted. Notice of intent to 13 suspend or terminate shall be given by the Commission to the governor, the majority 14 and minority leaders of the defaulting State's legislature, the defaulting State's State 15 Licensing Authority and each of the Member States' State Licensing Authority. 16 (E) A State that has been terminated is responsible for all assessments, 17 obligations, and liabilities incurred through the effective date of termination, including 18 obligations that extend beyond the effective date of termination. 19 (F) Upon the termination of a State's membership from this Compact, 20 that State shall immediately provide notice to all Licensees within that State of such 21 termination. The terminated State shall continue to recognize all licenses granted 22 pursuant to this Compact for a minimum of six (6) months after the date of said notice 23 of termination. 24 (G) The Commission shall not bear any costs related to a State that is 25 found to be in default or that has been terminated from the Compact, unless agreed 26 upon in writing between the Commission and the defaulting State. 27 (H) The defaulting State may appeal the action of the Commission by 28 petitioning the U.S. District Court for the District of Columbia or the federal district 29 where the Commission has its principal offices. The prevailing party shall be awarded 30 all costs of such litigation, including reasonable attorney's fees. 31 (I) Dispute Resolution
01 (1) Upon request by a Member State, the Commission shall 02 attempt to resolve disputes related to the Compact that arise among Member 03 States and between Member and non-Member States. 04 (2) The Commission shall promulgate a Rule providing for 05 both mediation and binding dispute resolution for disputes as appropriate. 06 (J) Enforcement 07 (1) By majority vote as provided by Rule, the Commission may 08 initiate legal action against a Member State in default in the United States 09 District Court for the District of Columbia or the federal district where the 10 Commission has its principal offices to enforce compliance with the provisions 11 of the Compact and its promulgated Rules. The relief sought may include both 12 injunctive relief and damages. In the event judicial enforcement is necessary, 13 the prevailing party shall be awarded all costs of such litigation, including 14 reasonable attorney's fees. The remedies herein shall not be the exclusive 15 remedies of the Commission. The Commission may pursue any other remedies 16 available under federal or the defaulting Member State's law. 17 (2) A Member State may initiate legal action against the 18 Commission in the U.S. District Court for the District of Columbia or the 19 federal district where the Commission has its principal offices to enforce 20 compliance with the provisions of the Compact and its promulgated Rules. The 21 relief sought may include both injunctive relief and damages. In the event 22 judicial enforcement is necessary, the prevailing party shall be awarded all 23 costs of such litigation, including reasonable attorney's fees. 24 (3) No person other than a Member State shall enforce this 25 Compact against the Commission. 26 SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. 27 (A) The Compact shall come into effect on the date on which the 28 Compact statute is enacted into law in the seventh Member State. 29 (1) On or after the effective date of the Compact, the 30 Commission shall convene and review the enactment of each of the first seven 31 Member States ("Charter Member States") to determine if the statute enacted
01 by each such Charter Member State is materially different than the model 02 Compact statute. 03 (a) A Charter Member State whose enactment is found 04 to be materially different from the model Compact statute shall be 05 entitled to the default process set forth in Section 13. 06 (b) If any Member State is later found to be in default, 07 or is terminated or withdraws from the Compact, the Commission shall 08 remain in existence and the Compact shall remain in effect even if the 09 number of Member States should be less than seven. 10 (2) Member States enacting the Compact subsequent to the 11 seven initial Charter Member States shall be subject to the process set forth in 12 Section 10(C)(21) to determine if their enactments are materially different 13 from the model Compact statute and whether they qualify for participation in 14 the Compact. 15 (3) All actions taken for the benefit of the Commission or in 16 furtherance of the purposes of the administration of the Compact prior to the 17 effective date of the Compact or the Commission coming into existence shall 18 be considered to be actions of the Commission unless specifically repudiated 19 by the Commission. 20 (4) Any State that joins the Compact subsequent to the 21 Commission's initial adoption of the Rules and bylaws shall be subject to the 22 Rules and bylaws as they exist on the date on which the Compact becomes law 23 in that State. Any Rule that has been previously adopted by the Commission 24 shall have the full force and effect of law on the day the Compact becomes law 25 in that State. 26 (B) Any Member State may withdraw from this Compact by enacting a 27 statute repealing the same. 28 (1) A Member State's withdrawal shall not take effect until 180 29 days after enactment of the repealing statute. 30 (2) Withdrawal shall not affect the continuing requirement of 31 the withdrawing State's Licensing Authority to comply with the investigative
01 and Adverse Action reporting requirements of this Compact prior to the 02 effective date of withdrawal. 03 (3) Upon the enactment of a statute withdrawing from this 04 Compact, a State shall immediately provide notice of such withdrawal to all 05 Licensees within that State. Notwithstanding any subsequent statutory 06 enactment to the contrary, such withdrawing State shall continue to recognize 07 all licenses granted pursuant to this Compact for a minimum of 180 days after 08 the date of such notice of withdrawal. 09 (C) Nothing contained in this Compact shall be construed to invalidate 10 or prevent any licensure agreement or other cooperative arrangement between a 11 Member State and a non-Member State that does not conflict with the provisions of 12 this Compact. 13 (D) This Compact may be amended by the Member States. No 14 amendment to this Compact shall become effective and binding upon any Member 15 State until it is enacted into the laws of all Member States. 16 SECTION 15. CONSTRUCTION AND SEVERABILITY. 17 (A) This Compact and the Commission's rulemaking authority shall be 18 liberally construed so as to effectuate the purposes, and the implementation and 19 administration of the Compact. Provisions of the Compact expressly authorizing or 20 requiring the promulgation of Rules shall not be construed to limit the Commission's 21 rulemaking authority solely for those purposes. 22 (B) The provisions of this Compact shall be severable and if any 23 phrase, clause, sentence or provision of this Compact is held by a court of competent 24 jurisdiction to be contrary to the constitution of any Member State, a State seeking 25 participation in the Compact, or of the United States, or the applicability thereof to any 26 government, agency, person or circumstance is held to be unconstitutional by a court 27 of competent jurisdiction, the validity of the remainder of this Compact and the 28 applicability thereof to any other government, agency, person or circumstance shall 29 not be affected thereby. 30 (C) Notwithstanding subsection B of this section, the Commission may 31 deny a State's participation in the Compact or, in accordance with the requirements of
01 Section 13(B), terminate a Member State's participation in the Compact, if it 02 determines that a constitutional requirement of a Member State is a material departure 03 from the Compact. Otherwise, if this Compact shall be held to be contrary to the 04 constitution of any Member State, the Compact shall remain in full force and effect as 05 to the remaining Member States and in full force and effect as to the Member State 06 affected as to all severable matters. 07 SECTION 16. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. 08 (A) A Licensee providing services in a Remote State under a 09 Multistate Authorization to Practice shall adhere to the laws and regulations, including 10 laws, regulations, and applicable standards, of the Remote State where the client is 11 located at the time care is rendered. 12 (B) Nothing herein shall prevent or inhibit the enforcement of any 13 other law of a Member State that is not inconsistent with the Compact. 14 (C) Any laws, statutes, regulations, or other legal requirements in a 15 Member State in conflict with the Compact are superseded to the extent of the conflict. 16 (D) All permissible agreements between the Commission and the 17 Member States are binding in accordance with their terms. 18 * Sec. 7. AS 08.95.990 is amended by adding new paragraphs to read: 19 (8) "multistate authorization to practice" has the meaning given in 20 AS 08.95.200; 21 (9) "regulated social worker" has the meaning given in AS 08.95.200. 22 * Sec. 8. AS 12.62.400(a) is amended by adding a new paragraph to read: 23 (26) multistate licensure as a social worker under AS 08.95.200. 24 * Sec. 9. This Act takes effect January 1, 2026.