103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5375

 

Introduced 2/9/2024, by Rep. Lindsey LaPointe

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Social Work Licensure Compact Act. Provides that the State of Illinois ratifies and approves the Compact. Provides that the purpose of the Compact is to facilitate interstate practice of regulated social workers by improving public access to competent social work services and that the Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure. Includes provisions about state participation in the compact, social worker participation in the compact, issuance of a multistate license, creation of the Social Work Licensure Compact Commission, the authority of the Commission and state licensing authorities, reissuance of a multistate license by a new home state, licensing of active military members, adverse actions against a multistate licensee, development of a multistate data system, rulemaking authority of the Commission, effect and conflict with state laws, oversight, dispute resolution, enforcement, the effective date of the Compact, withdrawal from the Compact, amendments to the Compact, and construction and severability of provisions of the Compact.


LRB103 38821 AWJ 68958 b

 

 

A BILL FOR

 

HB5375LRB103 38821 AWJ 68958 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Social
5Work Licensure Compact Act.
 
6    Section 5. Social Work Licensure Compact. The State of
7Illinois ratifies and approves the following Compact:
 
8
SOCIAL WORK LICENSURE COMPACT
9    SECTION 1: PURPOSE
10    The purpose of this Compact is to facilitate interstate
11practice of Regulated Social Workers by improving public
12access to competent Social Work Services. The Compact
13preserves the regulatory authority of States to protect public
14health and safety through the current system of State
15licensure.
16    This Compact is designed to achieve the following
17objectives:
18    A. Increase public access to Social Work Services;
19    B. Reduce overly burdensome and duplicative requirements
20associated with holding multiple licenses;
21    C. Enhance the Member States' ability to protect the
22public's health and safety;

 

 

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1    D. Encourage the cooperation of Member States in
2regulating multistate practice;
3    E. Promote mobility and address workforce shortages by
4eliminating the necessity for licenses in multiple States by
5providing for the mutual recognition of other Member State
6licenses;
7    F. Support military families;
8    G. Facilitate the exchange of licensure and disciplinary
9information among Member States;
10    H. Authorize all Member States to hold a Regulated Social
11Worker accountable for abiding by a Member State's laws,
12regulations, and applicable professional standards in the
13Member State in which the client is located at the time care is
14rendered; and
15    I. Allow for the use of telehealth to facilitate increased
16access to regulated Social Work Services.
 
17    SECTION 2. DEFINITIONS
18    As used in this Compact, and except as otherwise provided,
19the following definitions shall apply:
20    A. "Active Military Member" means any individual with
21full-time duty status in the active armed forces of the United
22States including members of the National Guard and Reserve.
23    B. "Adverse Action" means any administrative, civil,
24equitable or criminal action permitted by a State's laws which
25is imposed by a Licensing Authority or other authority against

 

 

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1a Regulated Social Worker, including actions against an
2individual's license or Multistate Authorization to Practice
3such as revocation, suspension, probation, monitoring of the
4Licensee, limitation on the Licensee's practice, or any other
5Encumbrance on licensure affecting a Regulated Social Worker's
6authorization to practice, including issuance of a cease and
7desist action.
8    C. "Alternative Program" means a non-disciplinary
9monitoring or practice remediation process approved by a
10Licensing Authority to address practitioners with an
11Impairment.
12    D. "Charter Member States" - Member States who have
13enacted legislation to adopt this Compact where such
14legislation predates the effective date of this Compact as
15described in Section 14.
16    E. "Compact Commission" or "Commission" means the
17government agency whose membership consists of all States that
18have enacted this Compact, which is known as the Social Work
19Licensure Compact Commission, as described in Section 10, and
20which shall operate as an instrumentality of the Member
21States.
22    F. "Current Significant Investigative Information" means:
23        1. Investigative information that a Licensing
24    Authority, after a preliminary inquiry that includes
25    notification and an opportunity for the Regulated Social
26    Worker to respond has reason to believe is not groundless

 

 

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1    and, if proved true, would indicate more than a minor
2    infraction as may be defined by the Commission; or
3        2. Investigative information that indicates that the
4    Regulated Social Worker represents an immediate threat to
5    public health and safety, as may be defined by the
6    Commission, regardless of whether the Regulated Social
7    Worker has been notified and has had an opportunity to
8    respond.
9    G. "Data System" means a repository of information about
10Licensees, including, continuing education, examination,
11licensure, Current Significant Investigative Information,
12Disqualifying Event, Multistate License(s) and Adverse Action
13information or other information as required by the
14Commission.
15    H. "Disqualifying Event" means any Adverse Action or
16incident which results in an Encumbrance that disqualifies or
17makes the Licensee ineligible to either obtain, retain or
18renew a Multistate License.
19    I. "Domicile" means the jurisdiction in which the Licensee
20resides and intends to remain indefinitely.
21    J. "Encumbrance" means a revocation or suspension of, or
22any limitation on, the full and unrestricted practice of
23Social Work licensed and regulated by a Licensing Authority.
24    K. "Executive Committee" means a group of delegates
25elected or appointed to act on behalf of, and within the powers
26granted to them by, the compact and Commission.

 

 

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1    L. "Home State" means the Member State that is the
2Licensee's primary Domicile.
3    M. "Impairment" means a condition(s) that may impair a
4practitioner's ability to engage in full and unrestricted
5practice as a Regulated Social Worker without some type of
6intervention and may include alcohol and drug dependence,
7mental health impairment, and neurological or physical
8impairments.
9    N. "Licensee(s)" means an individual who currently holds a
10license from a State to practice as a Regulated Social Worker.
11    O. "Licensing Authority" means the board or agency of a
12Member State, or equivalent, that is responsible for the
13licensing and regulation of Regulated Social Workers.
14    P. "Member State" means a state, commonwealth, district,
15or territory of the United States of America that has enacted
16this Compact.
17    Q. "Multistate Authorization to Practice" means a legally
18authorized privilege to practice, which is equivalent to a
19license, associated with a Multistate License permitting the
20practice of Social Work in a Remote State.
21    R. "Multistate License" means a license to practice as a
22Regulated Social Worker issued by a Home State Licensing
23Authority that authorizes the Regulated Social Worker to
24practice in all Member States under Multistate Authorization
25to Practice.
26    S. "Qualifying National Exam" means a national licensing

 

 

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1examination approved by the Commission.
2    T. "Regulated Social Worker" means any clinical, master's
3or bachelor's Social Worker licensed by a Member State
4regardless of the title used by that Member State.
5    U. "Remote State" means a Member State other than the
6Licensee's Home State.
7    V. "Rule(s)" or "Rule(s) of the Commission" means a
8regulation or regulations duly promulgated by the Commission,
9as authorized by the Compact, that has the force of law.
10    W. "Single State License" means a Social Work license
11issued by any State that authorizes practice only within the
12issuing State and does not include Multistate Authorization to
13Practice in any Member State.
14    X. "Social Work" or "Social Work Services" means the
15application of social work theory, knowledge, methods, ethics,
16and the professional use of self to restore or enhance social,
17psychosocial, or biopsychosocial functioning of individuals,
18couples, families, groups, organizations, and communities
19through the care and services provided by a Regulated Social
20Worker as set forth in the Member State's statutes and
21regulations in the State where the services are being
22provided.
23    Y. "State" means any state, commonwealth, district, or
24territory of the United States of America that regulates the
25practice of Social Work.
26    Z. "Unencumbered License" means a license that authorizes

 

 

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1a Regulated Social Worker to engage in the full and
2unrestricted practice of Social Work.
 
3    SECTION 3. STATE PARTICIPATION IN THE COMPACT
4    A. To be eligible to participate in the compact, a
5potential Member State must currently meet all of the
6following criteria:
7        1. License and regulate the practice of Social Work at
8    either the clinical, master's, or bachelor's category.
9        2. Require applicants for licensure to graduate from a
10    program that is:
11            a. Operated by a college or university recognized
12        by the Licensing Authority;
13            b. Accredited, or in candidacy by an institution
14        that subsequently becomes accredited, by an
15        accrediting agency recognized by either:
16                i. the Council for Higher Education
17            Accreditation, or its successor; or
18                ii. the United States Department of Education;
19            and
20            c. Corresponds to the licensure sought as outlined
21        in Section 4.
22        3. Require applicants for clinical licensure to
23    complete a period of supervised practice.
24        4. Have a mechanism in place for receiving,
25    investigating, and adjudicating complaints about

 

 

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1    Licensees.
2    B. To maintain membership in the Compact a Member State
3shall:
4        1. Require that applicants for a Multistate License
5    pass a Qualifying National Exam for the corresponding
6    category of Multistate License sought as outlined in
7    Section 4.
8        2. Participate fully in the Commission's Data System,
9    including using the Commission's unique identifier as
10    defined in Rules;
11        3. Notify the Commission, in compliance with the terms
12    of the Compact and Rules, of any Adverse Action or the
13    availability of Current Significant Investigative
14    Information regarding a Licensee;
15        4. Implement procedures for considering the criminal
16    history records of applicants for a Multistate License.
17    Such procedures shall include the submission of
18    fingerprints or other biometric-based information by
19    applicants for the purpose of obtaining an applicant's
20    criminal history record information from the Federal
21    Bureau of Investigation and the agency responsible for
22    retaining that State's criminal records.
23        5. Comply with the Rules of the Commission;
24        6. Require an applicant to obtain or retain a license
25    in the Home State and meet the Home State's qualifications
26    for licensure or renewal of licensure, as well as all

 

 

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1    other applicable Home State laws;
2        7. Authorize a Licensee holding a Multistate License
3    in any Member State to practice in accordance with the
4    terms of the Compact and Rules of the Commission; and
5        8. Designate a delegate to participate in the
6    Commission meetings.
7    C. A Member State meeting the requirements of Section 3.A.
8and 3.B of this Compact shall designate the categories of
9Social Work licensure that are eligible for issuance of a
10Multistate License for applicants in such Member State. To the
11extent that any Member State does not meet the requirements
12for participation in the Compact at any particular category of
13Social Work licensure, such Member State may choose, but is
14not obligated to, issue a Multistate License to applicants
15that otherwise meet the requirements of Section 4 for issuance
16of a Multistate License in such category or categories of
17licensure.
18    D. The Home State may charge a fee for granting the
19Multistate License.
 
20    SECTION 4. SOCIAL WORKER PARTICIPATION IN THE COMPACT
21    A. To be eligible for a Multistate License under the terms
22and provisions of the Compact, an applicant, regardless of
23category must:
24        1. Hold or be eligible for an active, Unencumbered
25    License in the Home State;

 

 

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1        2. Pay any applicable fees, including any State fee,
2    for the Multistate License;
3        3. Submit, in connection with an application for a
4    Multistate License, fingerprints or other biometric data
5    for the purpose of obtaining criminal history record
6    information from the Federal Bureau of Investigation and
7    the agency responsible for retaining that State's criminal
8    records.
9        4. Notify the Home State of any Adverse Action,
10    Encumbrance, or restriction on any professional license
11    taken by any Member State or non-Member State within 30
12    days from the date the action is taken.
13        5. Meet any continuing competence requirements
14    established by the Home State;
15        6. Abide by the laws, regulations, and applicable
16    standards in the Member State where the client is located
17    at the time care is rendered.
18    B. An applicant for a clinical-category Multistate License
19must meet all of the following requirements:
20        1. Fulfill a competency requirement, which shall be
21    satisfied by either:
22            a. Passage of a clinical-category Qualifying
23        National Exam; or
24            b. Licensure of the applicant in their Home State
25        at the clinical category, beginning prior to such time
26        as a Qualifying National Exam was required by the Home

 

 

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1        State and accompanied by a period of continuous Social
2        Work licensure thereafter, all of which may be further
3        governed by the Rules of the Commission; or
4            c. The substantial equivalency of the foregoing
5        competency requirements which the Commission may
6        determine by Rule.
7        2. Attain at least a master's degree in Social Work
8    from a program that is:
9            a. Operated by a college or university recognized
10        by the Licensing Authority; and
11            b. Accredited, or in candidacy that subsequently
12        becomes accredited, by an accrediting agency
13        recognized by either:
14                i. the Council for Higher Education
15            Accreditation or its successor; or
16                ii. the United States Department of Education.
17        3. Fulfill a practice requirement, which shall be
18    satisfied by demonstrating completion of either:
19            a. A period of postgraduate supervised clinical
20        practice equal to a minimum of three thousand hours;
21        or
22            b. A minimum of two years of full-time
23        postgraduate supervised clinical practice; or
24            c. The substantial equivalency of the foregoing
25        practice requirements which the Commission may
26        determine by Rule.

 

 

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1    C. An applicant for a master's-category Multistate License
2must meet all of the following requirements:
3        1. Fulfill a competency requirement, which shall be
4    satisfied by either:
5            a. Passage of a masters-category Qualifying
6        National Exam;
7            b. Licensure of the applicant in their Home State
8        at the master's category, beginning prior to such time
9        as a Qualifying National Exam was required by the Home
10        State at the master's category and accompanied by a
11        continuous period of Social Work licensure thereafter,
12        all of which may be further governed by the Rules of
13        the Commission; or
14            c. The substantial equivalency of the foregoing
15        competency requirements which the Commission may
16        determine by Rule.
17        2. Attain at least a master's degree in Social Work
18    from a program that is:
19            a. Operated by a college or university recognized
20        by the Licensing Authority; and
21            b. Accredited, or in candidacy that subsequently
22        becomes accredited, by an accrediting agency
23        recognized by either:
24                i. the Council for Higher Education
25            Accreditation or its successor; or
26                ii. the United States Department of Education.

 

 

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1    D. An applicant for a bachelor's-category Multistate
2License must meet all of the following requirements:
3        1. Fulfill a competency requirement, which shall be
4    satisfied by either:
5            a. Passage of a bachelor's-category Qualifying
6        National Exam;
7            b. Licensure of the applicant in their Home State
8        at the bachelor's category, beginning prior to such
9        time as a Qualifying National Exam was required by the
10        Home State and accompanied by a period of continuous
11        Social Work licensure thereafter, all of which may be
12        further governed by the Rules of the Commission; or
13            c. The substantial equivalency of the foregoing
14        competency requirements which the Commission may
15        determine by Rule.
16        2. Attain at least a bachelor's degree in Social Work
17    from a program that is:
18            a. Operated by a college or university recognized
19        by the Licensing Authority; and
20            b. Accredited, or in candidacy that subsequently
21        becomes accredited, by an accrediting agency
22        recognized by either:
23                i. the Council for Higher Education
24            Accreditation or its successor; or
25                ii. the United States Department of Education.
26    E. The Multistate License for a Regulated Social Worker is

 

 

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1subject to the renewal requirements of the Home State. The
2Regulated Social Worker must maintain compliance with the
3requirements of Section 4(A) to be eligible to renew a
4Multistate License.
5    F. The Regulated Social Worker's services in a Remote
6State are subject to that Member State's regulatory authority.
7A Remote State may, in accordance with due process and that
8Member State's laws, remove a Regulated Social Worker's
9Multistate Authorization to Practice in the Remote State for a
10specific period of time, impose fines, and take any other
11necessary actions to protect the health and safety of its
12citizens.
13    G. If a Multistate License is encumbered, the Regulated
14Social Worker's Multistate Authorization to Practice shall be
15deactivated in all Remote States until the Multistate License
16is no longer encumbered.
17    H. If a Multistate Authorization to Practice is encumbered
18in a Remote State, the regulated Social Worker's Multistate
19Authorization to Practice may be deactivated in that State
20until the Multistate Authorization to Practice is no longer
21encumbered.
 
22    SECTION 5: ISSUANCE OF A MULTISTATE LICENSE
23    A. Upon receipt of an application for Multistate License,
24the Home State Licensing Authority shall determine the
25applicant's eligibility for a Multistate License in accordance

 

 

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1with Section 4 of this Compact.
2    B. If such applicant is eligible pursuant to Section 4 of
3this Compact, the Home State Licensing Authority shall issue a
4Multistate License that authorizes the applicant or Regulated
5Social Worker to practice in all Member States under a
6Multistate Authorization to Practice.
7    C. Upon issuance of a Multistate License, the Home State
8Licensing Authority shall designate whether the Regulated
9Social Worker holds a Multistate License in the Bachelors,
10Masters, or Clinical category of Social Work.
11    D. A Multistate License issued by a Home State to a
12resident in that State shall be recognized by all Compact
13Member States as authorizing Social Work Practice under a
14Multistate Authorization to Practice corresponding to each
15category of licensure regulated in each Member State.
 
16    SECTION 6: AUTHORITY OF INTERSTATE COMPACT COMMISSION AND
17MEMBER STATE LICENSING AUTHORITIES
18    A. Nothing in this Compact, nor any Rule of the
19Commission, shall be construed to limit, restrict, or in any
20way reduce the ability of a Member State to enact and enforce
21laws, regulations, or other rules related to the practice of
22Social Work in that State, where those laws, regulations, or
23other rules are not inconsistent with the provisions of this
24Compact.
25    B. Nothing in this Compact shall affect the requirements

 

 

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1established by a Member State for the issuance of a Single
2State License.
3    C. Nothing in this Compact, nor any Rule of the
4Commission, shall be construed to limit, restrict, or in any
5way reduce the ability of a Member State to take Adverse Action
6against a Licensee's Single State License to practice Social
7Work in that State.
8    D. Nothing in this Compact, nor any Rule of the
9Commission, shall be construed to limit, restrict, or in any
10way reduce the ability of a Remote State to take Adverse Action
11against a Licensee's Multistate Authorization to Practice in
12that State.
13    E. Nothing in this Compact, nor any Rule of the
14Commission, shall be construed to limit, restrict, or in any
15way reduce the ability of a Licensee's Home State to take
16Adverse Action against a Licensee's Multistate License based
17upon information provided by a Remote State.
 
18    SECTION 7: REISSUANCE OF A MULTISTATE LICENSE BY A NEW
19HOME STATE
20    A. A Licensee can hold a Multistate License, issued by
21their Home State, in only one Member State at any given time.
22    B. If a Licensee changes their Home State by moving
23between two Member States:
24        1. The Licensee shall immediately apply for the
25    reissuance of their Multistate License in their new Home

 

 

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1    State. The Licensee shall pay all applicable fees and
2    notify the prior Home State in accordance with the Rules
3    of the Commission.
4        2. Upon receipt of an application to reissue a
5    Multistate License, the new Home State shall verify that
6    the Multistate License is active, unencumbered and
7    eligible for reissuance under the terms of the Compact and
8    the Rules of the Commission. The Multistate License issued
9    by the prior Home State will be deactivated and all Member
10    States notified in accordance with the applicable Rules
11    adopted by the Commission.
12        3. Prior to the reissuance of the Multistate License,
13    the new Home State shall conduct procedures for
14    considering the criminal history records of the Licensee.
15    Such procedures shall include the submission of
16    fingerprints or other biometric-based information by
17    applicants for the purpose of obtaining an applicant's
18    criminal history record information from the Federal
19    Bureau of Investigation and the agency responsible for
20    retaining that State's criminal records.
21        4. If required for initial licensure, the new Home
22    State may require completion of jurisprudence requirements
23    in the new Home State.
24        5. Notwithstanding any other provision of this
25    Compact, if a Licensee does not meet the requirements set
26    forth in this Compact for the reissuance of a Multistate

 

 

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1    License by the new Home State, then the Licensee shall be
2    subject to the new Home State requirements for the
3    issuance of a Single State License in that State.
4    C. If a Licensee changes their primary State of residence
5by moving from a Member State to a non-Member State, or from a
6non-Member State to a Member State, then the Licensee shall be
7subject to the State requirements for the issuance of a Single
8State License in the new Home State.
9    D. Nothing in this Compact shall interfere with a
10Licensee's ability to hold a Single State License in multiple
11States; however, for the purposes of this Compact, a Licensee
12shall have only one Home State, and only one Multistate
13License.
14    E. Nothing in this Compact shall interfere with the
15requirements established by a Member State for the issuance of
16a Single State License.
 
17    SECTION 8. MILITARY FAMILIES
18    An Active Military Member or their spouse shall designate
19a Home State where the individual has a Multistate License.
20The individual may retain their Home State designation during
21the period the service member is on active duty.
 
22    SECTION 9. ADVERSE ACTIONS
23    A. In addition to the other powers conferred by State law,
24a Remote State shall have the authority, in accordance with

 

 

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1existing State due process law, to:
2        1. Take Adverse Action against a Regulated Social
3    Worker's Multistate Authorization to Practice only within
4    that Member State, and issue subpoenas for both hearings
5    and investigations that require the attendance and
6    testimony of witnesses as well as the production of
7    evidence. Subpoenas issued by a Licensing Authority in a
8    Member State for the attendance and testimony of witnesses
9    or the production of evidence from another Member State
10    shall be enforced in the latter State by any court of
11    competent jurisdiction, according to the practice and
12    procedure of that court applicable to subpoenas issued in
13    proceedings pending before it. The issuing Licensing
14    Authority shall pay any witness fees, travel expenses,
15    mileage, and other fees required by the service statutes
16    of the State in which the witnesses or evidence are
17    located.
18        2. Only the Home State shall have the power to take
19    Adverse Action against a Regulated Social Worker's
20    Multistate License.
21    B. For purposes of taking Adverse Action, the Home State
22shall give the same priority and effect to reported conduct
23received from a Member State as it would if the conduct had
24occurred within the Home State. In so doing, the Home State
25shall apply its own State laws to determine appropriate
26action.

 

 

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1    C. The Home State shall complete any pending
2investigations of a Regulated Social Worker who changes their
3Home State during the course of the investigations. The Home
4State shall also have the authority to take appropriate
5action(s) and shall promptly report the conclusions of the
6investigations to the administrator of the Data System. The
7administrator of the Data System shall promptly notify the new
8Home State of any Adverse Actions.
9    D. A Member State, if otherwise permitted by State law,
10may recover from the affected Regulated Social Worker the
11costs of investigations and dispositions of cases resulting
12from any Adverse Action taken against that Regulated Social
13Worker.
14    E. A Member State may take Adverse Action based on the
15factual findings of another Member State, provided that the
16Member State follows its own procedures for taking the Adverse
17Action.
18    F. Joint Investigations:
19        1. In addition to the authority granted to a Member
20    State by its respective Social Work practice act or other
21    applicable State law, any Member State may participate
22    with other Member States in joint investigations of
23    Licensees.
24        2. Member States shall share any investigative,
25    litigation, or compliance materials in furtherance of any
26    joint or individual investigation initiated under the

 

 

HB5375- 21 -LRB103 38821 AWJ 68958 b

1    Compact.
2    G. If Adverse Action is taken by the Home State against the
3Multistate License of a Regulated Social Worker, the Regulated
4Social Worker's Multistate Authorization to Practice in all
5other Member States shall be deactivated until all
6Encumbrances have been removed from the Multistate License.
7All Home State disciplinary orders that impose Adverse Action
8against the license of a Regulated Social Worker shall include
9a statement that the Regulated Social Worker's Multistate
10Authorization to Practice is deactivated in all Member States
11until all conditions of the decision, order or agreement are
12satisfied.
13    H. If a Member State takes Adverse Action, it shall
14promptly notify the administrator of the Data System. The
15administrator of the Data System shall promptly notify the
16Home State and all other Member State's of any Adverse Actions
17by Remote States.
18    I. Nothing in this Compact shall override a Member State's
19decision that participation in an Alternative Program may be
20used in lieu of Adverse Action.
21    J. Nothing in this Compact shall authorize a Member State
22to demand the issuance of subpoenas for attendance and
23testimony of witnesses or the production of evidence from
24another Member State for lawful actions within that Member
25State.
26    K. Nothing in this Compact shall authorize a Member State

 

 

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1to impose discipline against a Regulated Social Worker who
2holds a Multistate Authorization to Practice for lawful
3actions within another Member State.
 
4    SECTION 10. ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT
5COMMISSION
6    A. The Compact Member States hereby create and establish a
7joint government agency whose membership consists of all
8Member States that have enacted the compact known as the
9Social Work Licensure Compact Commission. The Commission is an
10instrumentality of the Compact States acting jointly and not
11an instrumentality of any one State. The Commission shall come
12into existence on or after the effective date of the Compact as
13set forth in Section 14.
14    B. Membership, Voting, and Meetings
15        1. Each Member State shall have and be limited to one
16    (1) delegate selected by that Member State's State
17    Licensing Authority.
18        2. The delegate shall be either:
19            a. A current member of the State Licensing
20        Authority at the time of appointment, who is a
21        Regulated Social Worker or public member of the State
22        Licensing Authority; or
23            b. An administrator of the State Licensing
24        Authority or their designee.
25        3. The Commission shall by Rule or bylaw establish a

 

 

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1    term of office for delegates and may by Rule or bylaw
2    establish term limits.
3        4. The Commission may recommend removal or suspension
4    any delegate from office.
5        5. A Member State's State Licensing Authority shall
6    fill any vacancy of its delegate occurring on the
7    Commission within 60 days of the vacancy.
8        6. Each delegate shall be entitled to one vote on all
9    matters before the Commission requiring a vote by
10    Commission delegates.
11        7. A delegate shall vote in person or by such other
12    means as provided in the bylaws. The bylaws may provide
13    for delegates to meet by telecommunication,
14    videoconference, or other means of communication.
15        8. The Commission shall meet at least once during each
16    calendar year. Additional meetings may be held as set
17    forth in the bylaws. The Commission may meet by
18    telecommunication, video conference or other similar
19    electronic means.
20    C. The Commission shall have the following powers:
21        1. Establish the fiscal year of the Commission;
22        2. Establish code of conduct and conflict of interest
23    policies;
24        3. Establish and amend Rules and bylaws;
25        4. Maintain its financial records in accordance with
26    the bylaws;

 

 

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1        5. Meet and take such actions as are consistent with
2    the provisions of this Compact, the Commission's Rules,
3    and the bylaws;
4        6. Initiate and conclude legal proceedings or actions
5    in the name of the Commission, provided that the standing
6    of any State Licensing Board to sue or be sued under
7    applicable law shall not be affected;
8        7. Maintain and certify records and information
9    provided to a Member State as the authenticated business
10    records of the Commission, and designate an agent to do so
11    on the Commission's behalf;
12        8. Purchase and maintain insurance and bonds;
13        9. Borrow, accept, or contract for services of
14    personnel, including, but not limited to, employees of a
15    Member State;
16        10. Conduct an annual financial review;
17        11. Hire employees, elect or appoint officers, fix
18    compensation, define duties, grant such individuals
19    appropriate authority to carry out the purposes of the
20    Compact, and establish the Commission's personnel policies
21    and programs relating to conflicts of interest,
22    qualifications of personnel, and other related personnel
23    matters;
24        12. Assess and collect fees;
25        13. Accept any and all appropriate gifts, donations,
26    grants of money, other sources of revenue, equipment,

 

 

HB5375- 25 -LRB103 38821 AWJ 68958 b

1    supplies, materials, and services, and receive, utilize,
2    and dispose of the same; provided that at all times the
3    Commission shall avoid any appearance of impropriety or
4    conflict of interest;
5        14. Lease, purchase, retain, own, hold, improve, or
6    use any property, real, personal, or mixed, or any
7    undivided interest therein;
8        15. Sell, convey, mortgage, pledge, lease, exchange,
9    abandon, or otherwise dispose of any property real,
10    personal, or mixed;
11        16. Establish a budget and make expenditures;
12        17. Borrow money;
13        18. Appoint committees, including standing committees,
14    composed of members, State regulators, State legislators
15    or their representatives, and consumer representatives,
16    and such other interested persons as may be designated in
17    this Compact and the bylaws;
18        19. Provide and receive information from, and
19    cooperate with, law enforcement agencies;
20        20. Establish and elect an Executive Committee,
21    including a chair and a vice chair;
22        21. Determine whether a State's adopted language is
23    materially different from the model compact language such
24    that the State would not qualify for participation in the
25    Compact; and
26        22. Perform such other functions as may be necessary

 

 

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1    or appropriate to achieve the purposes of this Compact.
2    D. The Executive Committee
3        1. The Executive Committee shall have the power to act
4    on behalf of the Commission according to the terms of this
5    Compact. The powers, duties, and responsibilities of the
6    Executive Committee shall include:
7            a. Oversee the day-to-day activities of the
8        administration of the compact including enforcement
9        and compliance with the provisions of the compact, its
10        Rules and bylaws, and other such duties as deemed
11        necessary;
12            b. Recommend to the Commission changes to the
13        Rules or bylaws, changes to this Compact legislation,
14        fees charged to Compact Member States, fees charged to
15        Licensees, and other fees;
16            c. Ensure Compact administration services are
17        appropriately provided, including by contract;
18            d. Prepare and recommend the budget;
19            e. Maintain financial records on behalf of the
20        Commission;
21            f. Monitor Compact compliance of Member States and
22        provide compliance reports to the Commission;
23            g. Establish additional committees as necessary;
24            h. Exercise the powers and duties of the
25        Commission during the interim between Commission
26        meetings, except for adopting or amending Rules,

 

 

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1        adopting or amending bylaws, and exercising any other
2        powers and duties expressly reserved to the Commission
3        by Rule or bylaw; and
4            i. Other duties as provided in the Rules or bylaws
5        of the Commission.
6        2. The Executive Committee shall be composed of up to
7    eleven (11) members:
8            a. The chair and vice chair of the Commission
9        shall be voting members of the Executive Committee.
10            b. The Commission shall elect five voting members
11        from the current membership of the Commission.
12            c. Up to four (4) ex-officio, nonvoting members
13        from four (4) recognized national Social Work
14        organizations.
15            d. The ex-officio members will be selected by
16        their respective organizations.
17        3. The Commission may remove any member of the
18    Executive Committee as provided in the Commission's
19    bylaws.
20        4. The Executive Committee shall meet at least
21    annually.
22            a. Executive Committee meetings shall be open to
23        the public, except that the Executive Committee may
24        meet in a closed, non-public meeting as provided in
25        subsection F.2 below.
26            b. The Executive Committee shall give seven (7)

 

 

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1        days' notice of its meetings, posted on its website
2        and as determined to provide notice to persons with an
3        interest in the business of the Commission.
4            c. The Executive Committee may hold a special
5        meeting in accordance with subsection F.1.b. below.
6    E. The Commission shall adopt and provide to the Member
7States an annual report.
8    F. Meetings of the Commission
9        1. All meetings shall be open to the public, except
10    that the Commission may meet in a closed, non-public
11    meeting as provided in subsection F.2 below.
12            a. Public notice for all meetings of the full
13        Commission of meetings shall be given in the same
14        manner as required under the Rulemaking provisions in
15        Section 12, except that the Commission may hold a
16        special meeting as provided in subsection F.1.b below.
17            b. The Commission may hold a special meeting when
18        it must meet to conduct emergency business by giving
19        48 hours' notice to all commissioners, on the
20        Commission's website, and other means as provided in
21        the Commission's Rules. The Commission's legal counsel
22        shall certify that the Commission's need to meet
23        qualifies as an emergency.
24        2. The Commission or the Executive Committee or other
25    committees of the Commission may convene in a closed,
26    non-public meeting for the Commission or Executive

 

 

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1    Committee or other committees of the Commission to receive
2    legal advice or to discuss:
3            a. Non-compliance of a Member State with its
4        obligations under the Compact;
5            b. The employment, compensation, discipline or
6        other matters, practices or procedures related to
7        specific employees;
8            c. Current or threatened discipline of a Licensee
9        by the Commission or by a Member State's Licensing
10        Authority;
11            d. Current, threatened, or reasonably anticipated
12        litigation;
13            e. Negotiation of contracts for the purchase,
14        lease, or sale of goods, services, or real estate;
15            f. Accusing any person of a crime or formally
16        censuring any person;
17            g. Trade secrets or commercial or financial
18        information that is privileged or confidential;
19            h. Information of a personal nature where
20        disclosure would constitute a clearly unwarranted
21        invasion of personal privacy;
22            i. Investigative records compiled for law
23        enforcement purposes;
24            j. Information related to any investigative
25        reports prepared by or on behalf of or for use of the
26        Commission or other committee charged with

 

 

HB5375- 30 -LRB103 38821 AWJ 68958 b

1        responsibility of investigation or determination of
2        compliance issues pursuant to the Compact;
3            k. Matters specifically exempted from disclosure
4        by federal or Member State law; or
5            l. Other matters as promulgated by the Commission
6        by Rule.
7        3. If a meeting, or portion of a meeting, is closed,
8    the presiding officer shall state that the meeting will be
9    closed and reference each relevant exempting provision,
10    and such reference shall be recorded in the minutes.
11        4. The Commission shall keep minutes that fully and
12    clearly describe all matters discussed in a meeting and
13    shall provide a full and accurate summary of actions
14    taken, and the reasons therefore, including a description
15    of the views expressed. All documents considered in
16    connection with an action shall be identified in such
17    minutes. All minutes and documents of a closed meeting
18    shall remain under seal, subject to release only by a
19    majority vote of the Commission or order of a court of
20    competent jurisdiction.
21    G. Financing of the Commission
22        1. The Commission shall pay, or provide for the
23    payment of, the reasonable expenses of its establishment,
24    organization, and ongoing activities.
25        2. The Commission may accept any and all appropriate
26    revenue sources as provided in subsection C(13).

 

 

HB5375- 31 -LRB103 38821 AWJ 68958 b

1        3. The Commission may levy on and collect an annual
2    assessment from each Member State and impose fees on
3    Licensees of Member States to whom it grants a Multistate
4    License to cover the cost of the operations and activities
5    of the Commission and its staff, which must be in a total
6    amount sufficient to cover its annual budget as approved
7    each year for which revenue is not provided by other
8    sources. The aggregate annual assessment amount for Member
9    States shall be allocated based upon a formula that the
10    Commission shall promulgate by Rule.
11        4. The Commission shall not incur obligations of any
12    kind prior to securing the funds adequate to meet the
13    same; nor shall the Commission pledge the credit of any of
14    the Member States, except by and with the authority of the
15    Member State.
16        5. The Commission shall keep accurate accounts of all
17    receipts and disbursements. The receipts and disbursements
18    of the Commission shall be subject to the financial review
19    and accounting procedures established under its bylaws.
20    However, all receipts and disbursements of funds handled
21    by the Commission shall be subject to an annual financial
22    review by a certified or licensed public accountant, and
23    the report of the financial review shall be included in
24    and become part of the annual report of the Commission.
25    H. Qualified Immunity, Defense, and Indemnification
26        1. The members, officers, executive director,

 

 

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1    employees and representatives of the Commission shall be
2    immune from suit and liability, both personally and in
3    their official capacity, for any claim for damage to or
4    loss of property or personal injury or other civil
5    liability caused by or arising out of any actual or
6    alleged act, error, or omission that occurred, or that the
7    person against whom the claim is made had a reasonable
8    basis for believing occurred within the scope of
9    Commission employment, duties or responsibilities;
10    provided that nothing in this paragraph shall be construed
11    to protect any such person from suit or liability for any
12    damage, loss, injury, or liability caused by the
13    intentional or willful or wanton misconduct of that
14    person. The procurement of insurance of any type by the
15    Commission shall not in any way compromise or limit the
16    immunity granted hereunder.
17        2. The Commission shall defend any member, officer,
18    executive director, employee, and representative of the
19    Commission in any civil action seeking to impose liability
20    arising out of any actual or alleged act, error, or
21    omission that occurred within the scope of Commission
22    employment, duties, or responsibilities, or as determined
23    by the Commission that the person against whom the claim
24    is made had a reasonable basis for believing occurred
25    within the scope of Commission employment, duties, or
26    responsibilities; provided that nothing herein shall be

 

 

HB5375- 33 -LRB103 38821 AWJ 68958 b

1    construed to prohibit that person from retaining their own
2    counsel at their own expense; and provided further, that
3    the actual or alleged act, error, or omission did not
4    result from that person's intentional or willful or wanton
5    misconduct.
6        3. The Commission shall indemnify and hold harmless
7    any member, officer, executive director, employee, and
8    representative of the Commission for the amount of any
9    settlement or judgment obtained against that person
10    arising out of any actual or alleged act, error, or
11    omission that occurred within the scope of Commission
12    employment, duties, or responsibilities, or that such
13    person had a reasonable basis for believing occurred
14    within the scope of Commission employment, duties, or
15    responsibilities, provided that the actual or alleged act,
16    error, or omission did not result from the intentional or
17    willful or wanton misconduct of that person.
18        4. Nothing herein shall be construed as a limitation
19    on the liability of any Licensee for professional
20    malpractice or misconduct, which shall be governed solely
21    by any other applicable State laws.
22        5. Nothing in this Compact shall be interpreted to
23    waive or otherwise abrogate a Member State's state action
24    immunity or state action affirmative defense with respect
25    to antitrust claims under the Sherman Act, Clayton Act, or
26    any other State or federal antitrust or anticompetitive

 

 

HB5375- 34 -LRB103 38821 AWJ 68958 b

1    law or regulation.
2        6. Nothing in this Compact shall be construed to be a
3    waiver of sovereign immunity by the Member States or by
4    the Commission.
 
5    SECTION 11. DATA SYSTEM
6    A. The Commission shall provide for the development,
7maintenance, operation, and utilization of a coordinated Data
8System.
9    B. The Commission shall assign each applicant for a
10Multistate License a unique identifier, as determined by the
11Rules of the Commission.
12    C. Notwithstanding any other provision of State law to the
13contrary, a Member State shall submit a uniform data set to the
14Data System on all individuals to whom this Compact is
15applicable as required by the Rules of the Commission,
16including:
17        1. Identifying information;
18        2. Licensure data;
19        3. Adverse Actions against a license and information
20    related thereto;
21        4. Non-confidential information related to Alternative
22    Program participation, the beginning and ending dates of
23    such participation, and other information related to such
24    participation not made confidential under Member State
25    law;

 

 

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1        5. Any denial of application for licensure, and the
2    reason(s) for such denial;
3        6. The presence of Current Significant Investigative
4    Information; and
5        7. Other information that may facilitate the
6    administration of this Compact or the protection of the
7    public, as determined by the Rules of the Commission.
8    D. The records and information provided to a Member State
9pursuant to this Compact or through the Data System, when
10certified by the Commission or an agent thereof, shall
11constitute the authenticated business records of the
12Commission, and shall be entitled to any associated hearsay
13exception in any relevant judicial, quasi-judicial or
14administrative proceedings in a Member State.
15    E. Current Significant Investigative Information
16pertaining to a Licensee in any Member State will only be
17available to other Member States.
18        1. It is the responsibility of the Member States to
19    report any Adverse Action against a Licensee and to
20    monitor the database to determine whether Adverse Action
21    has been taken against a Licensee. Adverse Action
22    information pertaining to a Licensee in any Member State
23    will be available to any other Member State.
24    F. Member States contributing information to the Data
25System may designate information that may not be shared with
26the public without the express permission of the contributing

 

 

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1State.
2    G. Any information submitted to the Data System that is
3subsequently expunged pursuant to federal law or the laws of
4the Member State contributing the information shall be removed
5from the Data System.
 
6    SECTION 12. RULEMAKING
7    A. The Commission shall promulgate reasonable Rules in
8order to effectively and efficiently implement and administer
9the purposes and provisions of the Compact. A Rule shall be
10invalid and have no force or effect only if a court of
11competent jurisdiction holds that the Rule is invalid because
12the Commission exercised its rulemaking authority in a manner
13that is beyond the scope and purposes of the Compact, or the
14powers granted hereunder, or based upon another applicable
15standard of review.
16    B. The Rules of the Commission shall have the force of law
17in each Member State, provided however that where the Rules of
18the Commission conflict with the laws of the Member State that
19establish the Member State's laws, regulations, and applicable
20standards that govern the practice of Social Work as held by a
21court of competent jurisdiction, the Rules of the Commission
22shall be ineffective in that State to the extent of the
23conflict.
24    C. The Commission shall exercise its Rulemaking powers
25pursuant to the criteria set forth in this Section and the

 

 

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1Rules adopted thereunder. Rules shall become binding on the
2day following adoption or the date specified in the rule or
3amendment, whichever is later.
4    D. If a majority of the legislatures of the Member States
5rejects a Rule or portion of a Rule, by enactment of a statute
6or resolution in the same manner used to adopt the Compact
7within four (4) years of the date of adoption of the Rule, then
8such Rule shall have no further force and effect in any Member
9State.
10    E. Rules shall be adopted at a regular or special meeting
11of the Commission.
12    F. Prior to adoption of a proposed Rule, the Commission
13shall hold a public hearing and allow persons to provide oral
14and written comments, data, facts, opinions, and arguments.
15    G. Prior to adoption of a proposed Rule by the Commission,
16and at least thirty (30) days in advance of the meeting at
17which the Commission will hold a public hearing on the
18proposed Rule, the Commission shall provide a Notice of
19Proposed Rulemaking:
20            1. On the website of the Commission or other
21        publicly accessible platform;
22            2. To persons who have requested notice of the
23        Commission's notices of proposed rulemaking, and
24            3. In such other way(s) as the Commission may by
25        Rule specify.
26    H. The Notice of Proposed Rulemaking shall include:

 

 

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1        1. The time, date, and location of the public hearing
2    at which the Commission will hear public comments on the
3    proposed Rule and, if different, the time, date, and
4    location of the meeting where the Commission will consider
5    and vote on the proposed Rule;
6        2. If the hearing is held via telecommunication, video
7    conference, or other electronic means, the Commission
8    shall include the mechanism for access to the hearing in
9    the Notice of Proposed Rulemaking;
10        3. The text of the proposed Rule and the reason
11    therefor;
12        4. A request for comments on the proposed Rule from
13    any interested person; and
14        5. The manner in which interested persons may submit
15    written comments.
16    I. All hearings will be recorded. A copy of the recording
17and all written comments and documents received by the
18Commission in response to the proposed Rule shall be available
19to the public.
20    J. Nothing in this section shall be construed as requiring
21a separate hearing on each Rule. Rules may be grouped for the
22convenience of the Commission at hearings required by this
23section.
24    K. The Commission shall, by majority vote of all members,
25take final action on the proposed Rule based on the Rulemaking
26record and the full text of the Rule.

 

 

HB5375- 39 -LRB103 38821 AWJ 68958 b

1        1. The Commission may adopt changes to the proposed
2    Rule provided the changes do not enlarge the original
3    purpose of the proposed Rule.
4        2. The Commission shall provide an explanation of the
5    reasons for substantive changes made to the proposed Rule
6    as well as reasons for substantive changes not made that
7    were recommended by commenters.
8        3. The Commission shall determine a reasonable
9    effective date for the Rule. Except for an emergency as
10    provided in Section 12.L, the effective date of the rule
11    shall be no sooner than 30 days after issuing the notice
12    that it adopted or amended the Rule.
13    L. Upon determination that an emergency exists, the
14Commission may consider and adopt an emergency Rule with 48
15hours' notice, with opportunity to comment, provided that the
16usual Rulemaking procedures provided in the Compact and in
17this section shall be retroactively applied to the Rule as
18soon as reasonably possible, in no event later than ninety
19(90) days after the effective date of the Rule. For the
20purposes of this provision, an emergency Rule is one that must
21be adopted immediately in order to:
22        1. Meet an imminent threat to public health, safety,
23    or welfare;
24        2. Prevent a loss of Commission or Member State funds;
25        3. Meet a deadline for the promulgation of a Rule that
26    is established by federal law or rule; or

 

 

HB5375- 40 -LRB103 38821 AWJ 68958 b

1        4. Protect public health and safety.
2    M. The Commission or an authorized committee of the
3Commission may direct revisions to a previously adopted Rule
4for purposes of correcting typographical errors, errors in
5format, errors in consistency, or grammatical errors. Public
6notice of any revisions shall be posted on the website of the
7Commission. The revision shall be subject to challenge by any
8person for a period of thirty (30) days after posting. The
9revision may be challenged only on grounds that the revision
10results in a material change to a Rule. A challenge shall be
11made in writing and delivered to the Commission prior to the
12end of the notice period. If no challenge is made, the revision
13will take effect without further action. If the revision is
14challenged, the revision may not take effect without the
15approval of the Commission.
16    N. No Member State's rulemaking requirements shall apply
17under this compact.
 
18    SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
19    A. Oversight
20        1. The executive and judicial branches of State
21    government in each Member State shall enforce this Compact
22    and take all actions necessary and appropriate to
23    implement the Compact.
24        2. Except as otherwise provided in this Compact, venue
25    is proper and judicial proceedings by or against the

 

 

HB5375- 41 -LRB103 38821 AWJ 68958 b

1    Commission shall be brought solely and exclusively in a
2    court of competent jurisdiction where the principal office
3    of the Commission is located. The Commission may waive
4    venue and jurisdictional defenses to the extent it adopts
5    or consents to participate in alternative dispute
6    resolution proceedings. Nothing herein shall affect or
7    limit the selection or propriety of venue in any action
8    against a Licensee for professional malpractice,
9    misconduct or any such similar matter.
10        3. The Commission shall be entitled to receive service
11    of process in any proceeding regarding the enforcement or
12    interpretation of the Compact and shall have standing to
13    intervene in such a proceeding for all purposes. Failure
14    to provide the Commission service of process shall render
15    a judgment or order void as to the Commission, this
16    Compact, or promulgated Rules.
17    B. Default, Technical Assistance, and Termination
18        1. If the Commission determines that a Member State
19    has defaulted in the performance of its obligations or
20    responsibilities under this Compact or the promulgated
21    Rules, the Commission shall provide written notice to the
22    defaulting State. The notice of default shall describe the
23    default, the proposed means of curing the default, and any
24    other action that the Commission may take, and shall offer
25    training and specific technical assistance regarding the
26    default.

 

 

HB5375- 42 -LRB103 38821 AWJ 68958 b

1        2. The Commission shall provide a copy of the notice
2    of default to the other Member States.
3    C. If a State in default fails to cure the default, the
4defaulting State may be terminated from the Compact upon an
5affirmative vote of a majority of the delegates of the Member
6States, and all rights, privileges and benefits conferred on
7that State by this Compact may be terminated on the effective
8date of termination. A cure of the default does not relieve the
9offending State of obligations or liabilities incurred during
10the period of default.
11    D. Termination of membership in the Compact shall be
12imposed only after all other means of securing compliance have
13been exhausted. Notice of intent to suspend or terminate shall
14be given by the Commission to the governor, the majority and
15minority leaders of the defaulting State's legislature, the
16defaulting State's State Licensing Authority and each of the
17Member States' State Licensing Authority.
18    E. A State that has been terminated is responsible for all
19assessments, obligations, and liabilities incurred through the
20effective date of termination, including obligations that
21extend beyond the effective date of termination.
22    F. Upon the termination of a State's membership from this
23Compact, that State shall immediately provide notice to all
24Licensees within that State of such termination. The
25terminated State shall continue to recognize all licenses
26granted pursuant to this Compact for a minimum of six (6)

 

 

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1months after the date of said notice of termination.
2    G. The Commission shall not bear any costs related to a
3State that is found to be in default or that has been
4terminated from the Compact, unless agreed upon in writing
5between the Commission and the defaulting State.
6    H. The defaulting State may appeal the action of the
7Commission by petitioning the
8    U.S. District Court for the District of Columbia or the
9federal district where the Commission has its principal
10offices. The prevailing party shall be awarded all costs of
11such litigation, including reasonable attorney's fees.
12    I. Dispute Resolution
13        1. Upon request by a Member State, the Commission
14    shall attempt to resolve disputes related to the Compact
15    that arise among Member States and between Member and
16    non-Member States.
17        2. The Commission shall promulgate a Rule providing
18    for both mediation and binding dispute resolution for
19    disputes as appropriate.
20    J. Enforcement
21        1. By majority vote as provided by Rule, the
22    Commission may initiate legal action against a Member
23    State in default in the United States District Court for
24    the District of Columbia or the federal district where the
25    Commission has its principal offices to enforce compliance
26    with the provisions of the Compact and its promulgated

 

 

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1    Rules. The relief sought may include both injunctive
2    relief and damages. In the event judicial enforcement is
3    necessary, the prevailing party shall be awarded all costs
4    of such litigation, including reasonable attorney's fees.
5    The remedies herein shall not be the exclusive remedies of
6    the Commission. The Commission may pursue any other
7    remedies available under federal or the defaulting Member
8    State's law.
9        2. A Member State may initiate legal action against
10    the Commission in the U.S. District Court for the District
11    of Columbia or the federal district where the Commission
12    has its principal offices to enforce compliance with the
13    provisions of the Compact and its promulgated Rules. The
14    relief sought may include both injunctive relief and
15    damages. In the event judicial enforcement is necessary,
16    the prevailing party shall be awarded all costs of such
17    litigation, including reasonable attorney's fees.
18        3. No person other than a Member State shall enforce
19    this compact against the Commission.
 
20    SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
21    A. The Compact shall come into effect on the date on which
22the Compact statute is enacted into law in the seventh Member
23State.
24        1. On or after the effective date of the Compact, the
25    Commission shall convene and review the enactment of each

 

 

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1    of the first seven Member States ("Charter Member States")
2    to determine if the statute enacted by each such Charter
3    Member State is materially different than the model
4    Compact statute.
5            a. A Charter Member State whose enactment is found
6        to be materially different from the model Compact
7        statute shall be entitled to the default process set
8        forth in Section 13.
9            b. If any Member State is later found to be in
10        default, or is terminated or withdraws from the
11        Compact, the Commission shall remain in existence and
12        the Compact shall remain in effect even if the number
13        of Member States should be less than seven.
14        2. Member States enacting the Compact subsequent to
15    the seven initial Charter Member States shall be subject
16    to the process set forth in Section 10(C)(21) to determine
17    if their enactments are materially different from the
18    model Compact statute and whether they qualify for
19    participation in the Compact.
20        3. All actions taken for the benefit of the Commission
21    or in furtherance of the purposes of the administration of
22    the Compact prior to the effective date of the Compact or
23    the Commission coming into existence shall be considered
24    to be actions of the Commission unless specifically
25    repudiated by the Commission.
26        4. Any State that joins the Compact subsequent to the

 

 

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1    Commission's initial adoption of the Rules and bylaws
2    shall be subject to the Rules and bylaws as they exist on
3    the date on which the Compact becomes law in that State.
4    Any Rule that has been previously adopted by the
5    Commission shall have the full force and effect of law on
6    the day the Compact becomes law in that State.
7    B. Any Member State may withdraw from this Compact by
8enacting a statute repealing the same.
9        1. A Member State's withdrawal shall not take effect
10    until 180 days after enactment of the repealing statute.
11        2. Withdrawal shall not affect the continuing
12    requirement of the withdrawing State's Licensing Authority
13    to comply with the investigative and Adverse Action
14    reporting requirements of this Compact prior to the
15    effective date of withdrawal.
16        3. Upon the enactment of a statute withdrawing from
17    this compact, a State shall immediately provide notice of
18    such withdrawal to all Licensees within that State.
19    Notwithstanding any subsequent statutory enactment to the
20    contrary, such withdrawing State shall continue to
21    recognize all licenses granted pursuant to this compact
22    for a minimum of 180 days after the date of such notice of
23    withdrawal.
24    C. Nothing contained in this Compact shall be construed to
25invalidate or prevent any licensure agreement or other
26cooperative arrangement between a Member State and a

 

 

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1non-Member State that does not conflict with the provisions of
2this Compact.
3    D. This Compact may be amended by the Member States. No
4amendment to this Compact shall become effective and binding
5upon any Member State until it is enacted into the laws of all
6Member States.
 
7    SECTION 15. CONSTRUCTION AND SEVERABILITY
8    A. This Compact and the Commission's rulemaking authority
9shall be liberally construed so as to effectuate the purposes,
10and the implementation and administration of the Compact.
11Provisions of the Compact expressly authorizing or requiring
12the promulgation of Rules shall not be construed to limit the
13Commission's rulemaking authority solely for those purposes.
14    B. The provisions of this Compact shall be severable and
15if any phrase, clause, sentence or provision of this Compact
16is held by a court of competent jurisdiction to be contrary to
17the constitution of any Member State, a State seeking
18participation in the Compact, or of the United States, or the
19applicability thereof to any government, agency, person or
20circumstance is held to be unconstitutional by a court of
21competent jurisdiction, the validity of the remainder of this
22Compact and the applicability thereof to any other government,
23agency, person or circumstance shall not be affected thereby.
24    C. Notwithstanding subsection B of this section, the
25Commission may deny a State's participation in the Compact or,

 

 

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1in accordance with the requirements of Section 13.B, terminate
2a Member State's participation in the Compact, if it
3determines that a constitutional requirement of a Member State
4is a material departure from the Compact. Otherwise, if this
5Compact shall be held to be contrary to the constitution of any
6Member State, the Compact shall remain in full force and
7effect as to the remaining Member States and in full force and
8effect as to the Member State affected as to all severable
9matters.
 
10    SECTION 16. CONSISTENT EFFECT AND CONFLICT WITH OTHER
11STATE LAWS
12    A. A Licensee providing services in a Remote State under a
13Multistate Authorization to Practice shall adhere to the laws
14and regulations, including laws, regulations, and applicable
15standards, of the Remote State where the client is located at
16the time care is rendered.
17    B. Nothing herein shall prevent or inhibit the enforcement
18of any other law of a Member State that is not inconsistent
19with the Compact.
20    C. Any laws, statutes, regulations, or other legal
21requirements in a Member State in conflict with the Compact
22are superseded to the extent of the conflict.
23    D. All permissible agreements between the Commission and
24the Member States are binding in accordance with their terms.