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1A bill to be entitled
2An act relating to the Social Work Licensure
3Interstate Compact; creating s. 491.022, F.S.;
4creating the Social Work Licensure Interstate Compact;
5providing purposes, objectives, and definitions;
6specifying requirements for state participation in the
7compact and duties of member states; specifying that
8the compact does not affect an individual's ability to
9apply for, and a member state's ability to grant, a
10single state license pursuant to the laws of that
11state; providing for recognition of compact privilege
12in member states; specifying criteria a licensee must
13meet for compact privilege; providing for the
14expiration and renewal of compact privilege;
15specifying that a licensee with compact privilege in a
16remote state must adhere to the laws and rules of that
17state; authorizing member states to act on a
18licensee's compact privilege under certain
19circumstances; specifying the consequences and
20parameters of practice for a licensee whose compact
21privilege has been acted upon or whose home state
22license is encumbered; specifying that a licensee may
23hold a home state license in only one member state at
24a time; specifying requirements and procedures for
25changing a home state license designation; authorizing
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26active duty military personnel or their spouses to
27keep their home state designation during active duty;
28authorizing member states to take adverse actions
29against licensees and issue subpoenas for hearings and
30investigations under certain circumstances; providing
31requirements and procedures for such adverse action;
32authorizing member states to engage in joint
33investigations under certain circumstances; providing
34that a licensee's compact privilege must be
35deactivated in all member states for the duration of
36an encumbrance imposed by the licensee's home state;
37providing for notice to the data system and the
38licensee's home state of any adverse action taken
39against a licensee; establishing the Social Work
40Licensure Compact Commission; providing for
41jurisdiction and venue for court proceedings;
42providing for membership and powers of the commission;
43specifying powers and duties of the commission's
44executive committee; authorizing the commission to
45convene in closed, nonpublic meetings under certain
46circumstances; providing for the financing of the
47commission; providing specified individuals immunity
48from civil liability under certain circumstances;
49providing exceptions; requiring the commission to
50defend the specified individuals in civil actions
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51under certain circumstances; requiring the commission
52to indemnify and hold harmless specified individuals
53for any settlement or judgment obtained in such
54actions under certain circumstances; providing for the
55development of the data system, reporting procedures,
56and the exchange of specified information between
57member states; requiring the commission to notify
58member states of any adverse action taken against a
59licensee or applicant for licensure; authorizing
60member states to designate as confidential information
61provided to the data system; requiring the commission
62to remove information from the data system under
63certain circumstances; providing rulemaking procedures
64for the commission; providing for member state
65enforcement of the compact; authorizing the commission
66to receive notice of process, and have standing to
67intervene, in certain proceedings; rendering certain
68judgments and orders void as to the commission, the
69compact, or commission rules under certain
70circumstances; providing for defaults and termination
71of compact membership; providing procedures for the
72resolution of certain disputes; providing for
73commission enforcement of the compact; providing for
74remedies; providing for implementation of, withdrawal
75from, and amendment to the compact; specifying that
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76licensees practicing in a remote state under the
77compact must adhere to the laws and rules of that
78state; specifying that the compact, commission rules,
79and commission actions are binding on member states;
80providing construction; providing for severability;
81amending s. 456.073, F.S.; requiring the Department of
82Health to report certain investigative information to
83the data system; amending s. 456.076, F.S.; requiring
84monitoring contracts for certain impaired
85practitioners to contain certain terms; amending s.
86491.004, F.S.; requiring the Board of Clinical Social
87Work, Marriage and Family Therapy, and Mental Health
88Counseling to appoint an individual to serve as the
89state's delegate on the commission; amending ss.
90491.005 and 491.006, F.S.; exempting certain persons
91from licensure requirements; amending s. 491.009,
92F.S.; authorizing certain disciplinary action under
93the compact for specified prohibited acts; amending s.
94768.28, F.S.; designating the state's delegate and
95other members or employees of the commission as state
96agents for the purpose of applying waivers of
97sovereign immunity; requiring the commission to pay
98certain claims or judgments; authorizing the
99commission to maintain insurance coverage to pay such
100claims or judgments; providing an effective date.
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101
102    Be It Enacted by the Legislature of the state of Florida:
103
104Section 1.  Section 491.022, Florida Statutes, is created
105    to read:
106491.022       Social Work Licensure Interstate Compact.—The
107    Social Work Licensure Interstate Compact is hereby enacted into
108    law and entered into by this state with all other states legally
109    joining therein in the form substantially as follows:
110
111ARTICLE I
112PURPOSE
113
114(1)     The purpose of this compact is to facilitate
115    interstate practice of regulated social workers by improving
116    public access to competent social work services.
117(2)     The compact preserves the regulatory authority of
118    member states to protect public health and safety through the
119    current system of licensure. This compact is designed to achieve
120    all of the following objectives:
121(a)     Increase public access to social work services.
122(b)     Reduce overly burdensome and duplicative requirements
123    associated with holding multiple licenses.
124(c)     Enhance member states' ability to protect the public
125    health and safety.
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126(d)     Encourage the cooperation of member states in
127    regulating multistate practice.
128(e)     Promote mobility and address workforce shortages by
129    eliminating the necessity for licenses in multiple states by
130    providing for the mutual recognition of other member state
131    licenses.
132(f)     Support military families.
133(g)     Facilitate the exchange of licensure and disciplinary
134    information among member states.
135(h)     Authorize all member states to hold a regulated social
136    worker accountable for abiding by a member state's laws,
137    regulations, and applicable professional standards in the member
138    state in which the client is located at the time care is
139    rendered.
140(i)     Allow for the use of telehealth to facilitate
141    increased access to social work services.
142
143ARTICLE II
144DEFINITIONS
145
146As used in this compact, the term:
147(1)     "Active military member" means any individual with
148    full-time duty status in the active Armed Forces of the United
149    States, including members of the National Guard and Reserve.
150(2)     "Adverse action" means any administrative, civil,
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151    equitable, or criminal action permitted by a state's laws which
152    is imposed by a licensing authority or other authority against a
153    regulated social worker, including actions against an
154    individual's license or multistate authorization to practice
155    such as revocation, suspension, probation, monitoring of the
156    licensee, limitation on the licensee's practice, or any other
157    encumbrance on licensure affecting a regulated social worker's
158    authorization to practice, including issuance of a cease and
159    desist action.
160(3)     "Alternative program" means a nondisciplinary
161    monitoring or practice remediation process approved by a
162    licensing authority to address practitioners with an impairment.
163(4)     "Charter member states" means member states that have
164    enacted legislation to adopt this compact where such legislation
165    predates the effective date of this compact as described in
166    Article XIV.
167(5)     "Commission" means the government agency whose
168    membership consists of all states that have enacted this
169    compact, which is known as the Social Work Licensure Compact
170    Commission, as described in Article X, and which shall operate
171    as an instrumentality of the member states.
172(6)     "Current significant investigative information" means:
173(a)     Investigative information that a licensing authority,
174    after a preliminary inquiry that includes notification and an
175    opportunity for the regulated social worker to respond, has
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176    reason to believe is not groundless and, if proved true, would
177    indicate more than a minor infraction as may be defined by the
178    commission; or
179(b)     Investigative information that indicates that the
180    regulated social worker represents an immediate threat to public
181    health and safety, as may be defined by the commission,
182    regardless of whether the regulated social worker has been
183    notified and has had an opportunity to respond.
184(7)     "Data system" means a repository of information about
185    licensees, including continuing education, examination,
186    licensure, current significant investigative information,
187    disqualifying events, multistate licenses, and adverse action
188    information or other information as required by the commission.
189(8)     "Disqualifying event" means any adverse action or
190    incident which results in an encumbrance that disqualifies or
191    makes the licensee ineligible to obtain, retain, or renew a
192    multistate license.
193(9)     "Domicile" means the jurisdiction in which the
194    licensee resides and intends to remain indefinitely.
195(10)        "Encumbrance" means a revocation or suspension of, or
196    any limitation on, the full and unrestricted practice of social
197    work licensed and regulated by a licensing authority.
198(11)        "Executive committee" means a group of delegates
199    elected or appointed to act on behalf of, and within the powers
200    granted to them by, the compact and commission.
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201(12)        "Home state" means the member state that is the
202    licensee's primary domicile.
203(13)        "Impairment" means a condition that may impair a
204    practitioner's ability to engage in full and unrestricted
205    practice as a regulated social worker without some type of
206    intervention and may include alcohol and drug dependence, mental
207    health impairment, and neurological or physical impairments.
208(14)        "Licensee" means an individual who currently holds a
209    license from a state to practice as a regulated social worker.
210(15)        "Licensing authority" means the board or agency of a
211    member state, or an equivalent, that is responsible for the
212    licensing and regulation of regulated social workers.
213(16)        "Member state" means a state, commonwealth, district,
214    or territory of the United States that has enacted this compact.
215(17)        "Multistate authorization to practice" means a
216    legally authorized privilege to practice, which is equivalent to
217    a license, associated with a multistate license permitting the
218    practice of social work in a remote state.
219(18)        "Multistate license" means a license to practice as a
220    regulated social worker issued by a home state licensing
221    authority that authorizes the regulated social worker to
222    practice in all member states under multistate authorization to
223    practice.
224(19)        "Qualifying National Exam" means a national licensing
225    examination approved by the commission.
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226(20)        "Regulated social worker" means any clinical,
227    master's, or bachelor's social worker licensed by a member state
228    regardless of the title used by that member state.
229(21)        "Remote state" means a member state other than the
230    licensee's home state.
231(22)        "Rules" or "rules of the commission" means a
232    regulation or regulations duly adopted by the commission, as
233    authorized by the compact, that has the force of law.
234(23)        "Single state license" means a social work license
235    issued by any state that authorizes practice only within the
236    issuing state and does not include multistate authorization to
237    practice in any member state.
238(24)        "Social work" or "social work services" means the
239    application of social work theory, knowledge, methods, ethics,
240    and the professional use of self to restore or enhance social,
241    psychosocial, or biopsychosocial functioning of individuals,
242    couples, families, groups, organizations, and communities
243    through the care and services provided by a regulated social
244    worker as provided in the member state's statutes and
245    regulations in the state where the services are being provided.
246(25)        "State" means any state, commonwealth, district, or
247    territory of the United States that regulates the practice of
248    social work.
249(26)        "Unencumbered license" means a license that
250    authorizes a regulated social worker to engage in the full and
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251    unrestricted practice of social work.
252
253ARTICLE III
254STATE PARTICIPATION IN THE COMPACT
255
256(1)      To be eligible to participate in the compact, a
257    potential member state must currently meet all of the following
258    criteria:
259(a)      License and regulate the practice of social work at
260    the clinical, master's, or bachelor's level.
261(b)      Require applicants for licensure to graduate from a
262    program that:
2631.      Is operated by a college or university recognized by
264    the licensing authority;
2652.      Is accredited, or in candidacy by an institution that
266    subsequently becomes accredited, by an accrediting agency
267    recognized by either:
268a.      The Council for Higher Education Accreditation or its
269    successor; or
270b.      The United States Department of Education; and
2713.      Corresponds to the licensure sought as outlined in
272    Article IV.
273(c)      Require applicants for clinical licensure to complete
274    a period of supervised practice.
275(d)      Have a mechanism in place for receiving,
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276    investigating, and adjudicating complaints about licensees.
277(2)     To maintain membership in the compact, a member state
278    shall:
279(a)     Require that applicants for a multistate license pass
280    a Qualifying National Exam for the corresponding category of
281    multistate license sought as outlined in Article IV.
282(b)     Participate fully in the commission's data system,
283    including using the commission's unique identifier as defined in
284    rules.
285(c)     Notify the commission, in compliance with the terms of
286    the compact and rules, of any adverse action or the availability
287    of current significant investigative information regarding a
288    licensee.
289(d)     Implement procedures for considering the criminal
290    history records of applicants for a multistate license. Such
291    procedures shall include the submission of fingerprints or other
292    biometric-based information by applicants for the purpose of
293    obtaining an applicant's criminal history record information
294    from the Federal Bureau of Investigation and the agency
295    responsible for retaining that state's criminal records.
296(e)     Comply with the rules of the commission.
297(f)     Require an applicant to obtain or retain a license in
298    the home state and meet the home state's qualifications for
299    licensure or renewal of licensure, as well as all other
300    applicable home state laws.
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301(g)     Authorize a licensee holding a multistate license in
302    any member state to practice in accordance with the terms of the
303    compact and rules of the commission.
304(h)     Designate a delegate to participate in the commission
305    meetings.
306(3)     A member state meeting the requirements under
307    subsections (1) and (2) shall designate the categories of social
308    work licensure that are eligible for issuance of a multistate
309    license for applicants in such member state. To the extent that
310    any member state does not meet the requirements for
311    participation in the compact at any particular category of
312    social work licensure, such member state may choose, but is not
313    obligated, to issue a multistate license to applicants who
314    otherwise meet the requirements of Article IV for issuance of a
315    multistate license in such category or categories of licensure.
316(4)     The home state may charge a fee for granting the
317    multistate license.
318
319ARTICLE IV
320SOCIAL WORKER PARTICIPATION IN THE COMPACT
321
322(1)     To be eligible for a multistate license under this
323    compact, an applicant, regardless of category, must meet all of
324    the following requirements:
325(a)     Hold or be eligible for an active, unencumbered
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326    license in the home state.
327(b)     Pay any applicable fees, including any member state
328    fee, for the multistate license.
329(c)     Submit, in connection with an application for a
330    multistate license, fingerprints or other biometric data for the
331    purpose of obtaining criminal history record information from
332    the Federal Bureau of Investigation and the agency responsible
333    for retaining that state's criminal records.
334(d)     Notify the home state of any adverse action,
335    encumbrance, or restriction on any professional license taken by
336    any member state or nonmember state within 30 days after the
337    date the action was taken.
338(e)     Meet any continuing competence requirements
339    established by the home state.
340(f)     Abide by the laws, regulations, and applicable
341    standards in the member state where the client is located at the
342    time care is rendered.
343(2)     An applicant for a clinical-category multistate
344    license must meet all of the following requirements:
345(a)     Fulfill a competency requirement, which shall be
346    satisfied by:
3471.      Passage of a clinical-category Qualifying National
348    Exam;
3492.      Licensure of the applicant in his or her home state at
350    the clinical category, beginning before such time as a
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351    Qualifying National Exam was required by the home state and
352    accompanied by a period of continuous social work licensure
353    thereafter, all of which may be further governed by the rules of
354    the commission; or
3553.      The substantial equivalency of the foregoing competency
356    requirements which the commission may determine by rule.
357(b)      Attain at least a master's degree in social work from
358    a program that is:
3591.      Operated by a college or university recognized by a
360    licensing authority.
3612.      Accredited, or in candidacy that subsequently becomes
362    accredited, by an accrediting agency recognized by either:
363a.      The Council for Higher Education Accreditation or its
364    successor; or
365b.      The United States Department of Education.
366(c)      Fulfill a practice requirement, which shall be
367    satisfied by demonstrating completion of:
3681.      A period of postgraduate supervised clinical practice
369    equal to a minimum of 3,000 hours;
3702.      A minimum of 2 years of full-time postgraduate
371    supervised clinical practice; or
3723.      The substantial equivalency of the foregoing practice
373    requirements which the commission may determine by rule.
374(3)      An applicant for a master's-category multistate
375    license must meet all of the following requirements:
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376(a)      Fulfill a competency requirement, which shall be
377    satisfied by:
3781.      Passage of a masters-category Qualifying National Exam;
3792.      Licensure of the applicant in his or her home state at
380    the master's category, beginning before such time as a
381    Qualifying National Exam was required by the home state at the
382    master's category and accompanied by a continuous period of
383    social work licensure thereafter, all of which may be further
384    governed by the rules of the commission; or
3853.      The substantial equivalency of the foregoing competency
386    requirements which the commission may determine by rule.
387(b)      Attain at least a master's degree in social work from
388    a program that is:
3891.      Operated by a college or university recognized by a
390    licensing authority.
3912.      Accredited, or in candidacy by an institution that
392    subsequently becomes accredited, by an accrediting agency
393    recognized by either:
394a.      The Council for Higher Education Accreditation or its
395    successor; or
396b.      The United States Department of Education.
397(4)      An applicant for a bachelor's-category multistate
398    license must meet all of the following requirements:
399(a)      Fulfill a competency requirement, which shall be
400    satisfied by:
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4011.      Passage of a bachelor's-category Qualifying National
402    Exam;
4032.      Licensure of the applicant in his or her home state at
404    the bachelor's category, beginning before such time as a
405    Qualifying National Exam was required by the home state and
406    accompanied by a period of continuous social work licensure
407    thereafter, all of which may be further governed by the rules of
408    the commission; or
4093.      The substantial equivalency of the foregoing competency
410    requirements which the commission may determine by rule.
411(b)      Attain at least a bachelor's degree in social work
412    from a program that is:
4131.      Operated by a college or university recognized by the
414    licensing authority.
4152.      Accredited, or in candidacy that subsequently becomes
416    accredited, by an accrediting agency recognized by either:
417a.      The Council for Higher Education Accreditation or its
418    successor; or
419b.      The United States Department of Education.
420(5)      The multistate license for a regulated social worker
421    is subject to the renewal requirements of the home state. The
422    regulated social worker must maintain compliance with the
423    requirements of subsection (1) to be eligible to renew a
424    multistate license.
425(6)      The regulated social worker's services in a remote
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426    state are subject to that member state's regulatory authority. A
427    remote state may, in accordance with due process and that member
428    state's laws, remove a regulated social worker's multistate
429    authorization to practice in the remote state for a specific
430    period of time, impose fines, and take any other necessary
431    actions to protect the health and safety of its citizens.
432(7)     If a multistate license is encumbered, the regulated
433    social worker's multistate authorization to practice shall be
434    deactivated in all remote states until the multistate license is
435    no longer encumbered.
436(8)     If a multistate authorization to practice is
437    encumbered in a remote state, the regulated social worker's
438    multistate authorization to practice may be deactivated in that
439    state until the multistate authorization to practice is no
440    longer encumbered.
441
442ARTICLE V
443ISSUANCE OF A MULTISTATE LICENSE
444
445(1)     Upon receipt of an application for multistate license,
446    the home state licensing authority shall determine the
447    applicant's eligibility for a multistate license in accordance
448    with Article IV.
449(2)     If such applicant is eligible pursuant to Article IV,
450    the home state licensing authority shall issue a multistate
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451    license that authorizes the applicant or regulated social worker
452    to practice in all member states under a multistate
453    authorization to practice.
454(3)     Upon issuance of a multistate license, the home state
455    licensing authority shall designate whether the regulated social
456    worker holds a multistate license in the bachelor's, master's,
457    or clinical category of social work.
458(4)     A multistate license issued by a home state to a
459    resident in that state shall be recognized by all compact member
460    states as authorizing social work practice under a multistate
461    authorization to practice corresponding to each category of
462    licensure regulated in each member state.
463
464ARTICLE VI
465AUTHORITY OF SOCIAL WORK LICENSURE COMPACT COMMISSION
466AND MEMBER STATE LICENSING AUTHORITIES
467
468(1)     This compact, or any rule of the commission, does not
469    limit, restrict, or in any way reduce the ability of a member
470    state to:
471(a)     Enact and enforce laws, regulations, or other rules
472    related to the practice of social work in that state when those
473    laws, regulations, or other rules are not inconsistent with the
474    provisions of this compact.
475(b)     Take adverse action against a licensee's single state
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476    license to practice social work in that state.
477(c)      Take adverse action against a licensee's multistate
478    authorization to practice social work in that state.
479(2)      This compact, or any rule of the commission, does not
480    limit, restrict, or in any way reduce the ability of a
481    licensee's home state to take adverse action against a
482    licensee's multistate license based upon information provided by
483    a remote state.
484(3)      This compact does not affect the requirements
485    established by a member state for the issuance of a single state
486    license.
487
488ARTICLE VII
489REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE
490
491(1)      A licensee can hold a multistate license, issued by
492    his or her home state, in only one member state at any given
493    time.
494(2)      If a licensee changes his or her home state by moving
495    between two member states:
496(a)      The licensee shall immediately apply for the
497    reissuance of his or her multistate license in his or her new
498    home state. The licensee shall pay all applicable fees and
499    notify the prior home state in accordance with the rules of the
500    commission.
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501(b)     Upon receipt of an application to reissue a multistate
502    license, the new home state shall verify that the multistate
503    license is active, unencumbered, and eligible for reissuance
504    under the terms of the compact and the rules of the commission.
505    The multistate license issued by the prior home state will be
506    deactivated and all member states notified in accordance with
507    the applicable rules adopted by the commission.
508(c)     Before the reissuance of the multistate license, the
509    new home state shall conduct procedures for considering the
510    criminal history records of the licensee. Such procedures shall
511    include the submission of fingerprints or other biometric-based
512    information by applicants for the purpose of obtaining an
513    applicant's criminal history record information from the Federal
514    Bureau of Investigation and the agency responsible for retaining
515    that state's criminal records.
516(d)     If required for initial licensure, the new home state
517    may require completion of jurisprudence requirements in the new
518    home state.
519(e)     Notwithstanding any other provision of this compact,
520    if a licensee does not meet the requirements provided in this
521    compact for the reissuance of a multistate license by the new
522    home state, then the licensee shall be subject to the new home
523    state requirements for the issuance of a single state license in
524    that state.
525(3)     If a licensee changes his or her primary state of
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526    residence by moving from a member state to a nonmember state, or
527    from a nonmember state to a member state, then the licensee
528    shall be subject to the state requirements for the issuance of a
529    single state license in the new home state.
530(4)     This compact does not interfere with a licensee's
531    ability to hold a single state license in multiple states;
532    however, for the purposes of this compact, a licensee shall have
533    only one home state, and only one multistate license.
534(5)     This compact does not interfere with the requirements
535    established by a member state for the issuance of a single state
536    license.
537
538ARTICLE VIII
539MILITARY FAMILIES
540
541An active military member or his or her spouse shall
542    designate a home state where the individual has a multistate
543    license. The individual may retain his or her home state
544    designation during the period the servicemember is on active
545    duty.
546
547ARTICLE IX
548ADVERSE ACTIONS
549
550(1)     In addition to the other powers conferred by general
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551    law, a remote state shall have the authority, in accordance with
552    existing state due process law, to:
553(a)     Take adverse action against a regulated social
554    worker's multistate authorization to practice only within that
555    member state, and issue subpoenas for both hearings and
556    investigations that require the attendance and testimony of
557    witnesses as well as the production of evidence. Subpoenas
558    issued by a licensing authority in a member state for the
559    attendance and testimony of witnesses or the production of
560    evidence from another member state shall be enforced in the
561    latter state by any court of competent jurisdiction, according
562    to the practice and procedure of that court applicable to
563    subpoenas issued in proceedings pending before it. The issuing
564    licensing authority shall pay any witness fees, travel expenses,
565    mileage, and other fees required by the service statutes of the
566    state in which the witnesses or evidence are located.
567(b)     Only the home state shall have the power to take
568    adverse action against a regulated social worker's multistate
569    license.
570(2)     For purposes of taking adverse action, the home state
571    shall give the same priority and effect to reported conduct
572    received from a member state as it would if the conduct had
573    occurred within the home state. In so doing, the home state
574    shall apply its own state laws to determine appropriate action.
575(3)     The home state shall complete any pending
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576    investigations of a regulated social worker who changes his or
577    her home state during the course of the investigations. The home
578    state shall also have the authority to take appropriate actions
579    and shall promptly report the conclusions of the investigations
580    to the administrator of the data system. The administrator of
581    the data system shall promptly notify the new home state of any
582    adverse actions.
583(4)     A member state, if otherwise permitted by state law,
584    may recover from the affected regulated social worker the costs
585    of investigations and dispositions of cases resulting from any
586    adverse action taken against that regulated social worker.
587(5)     A member state may take adverse action based on the
588    factual findings of another member state, provided that the
589    member state follows its own procedures for taking the adverse
590    action.
591(6)(a)       In addition to the authority granted to a member
592    state by its respective social work practice act or other
593    applicable state law, any member state may participate with
594    other member states in joint investigations of licensees.
595(b)     Member states shall share any investigative,
596    litigation, or compliance materials in furtherance of any joint
597    or individual investigation initiated under the compact.
598(7)     If adverse action is taken by the home state against
599    the multistate license of a regulated social worker, the
600    regulated social worker's multistate authorization to practice
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601    in all other member states shall be deactivated until all
602    encumbrances have been removed from the multistate license. All
603    home state disciplinary orders that impose adverse action
604    against the license of a regulated social worker shall include a
605    statement that the regulated social worker's multistate
606    authorization to practice is deactivated in all member states
607    until all conditions of the decision, order, or agreement are
608    satisfied.
609(8)     If a member state takes adverse action, it shall
610    promptly notify the administrator of the data system. The
611    administrator of the data system shall promptly notify the home
612    state and all other member states of any adverse actions by
613    remote states.
614(9)     This compact does not override a member state's
615    decision that participation in an alternative program may be
616    used in lieu of adverse action.
617(10)        This compact does not authorize a member state to
618    demand the issuance of subpoenas for attendance and testimony of
619    witnesses or the production of evidence from another member
620    state for lawful actions within that member state.
621(11)        This compact does not authorize a member state to
622    impose discipline against a regulated social worker who holds a
623    multistate authorization to practice for lawful actions within
624    another member state.
625
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626ARTICLE X
627ESTABLISHMENT OF SOCIAL WORK LICENSURE
628COMPACT COMMISSION
629
630(1)      The compact member states hereby create and establish
631    a joint government agency whose membership consists of all
632    member states that have enacted the compact known as the Social
633    Work Licensure Compact Commission. The commission is an
634    instrumentality of the compact states acting jointly and not an
635    instrumentality of any one state. The commission shall come into
636    existence on or after the effective date of the compact as
637    provided in Article XIV.
638(2)(a)       Each member state shall have and be limited to one
639    delegate appointed by that member state's licensing authority.
640    The delegate shall be either:
6411.      A current member of the state licensing authority at
642    the time of appointment who is a regulated social worker or
643    public member of the state licensing authority; or
6442.      An administrator of the licensing authority or his or
645    her designee.
646(b)      The commission shall by rule or bylaw establish a term
647    of office for delegates and may by rule or bylaw establish term
648    limits.
649(c)      The commission may recommend removal or suspension of
650    any delegate from office.
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651(d)     A member state's licensing authority shall fill any
652    vacancy of its delegate occurring on the commission within 60
653    days after the vacancy.
654(e)     Each delegate shall be entitled to one vote on all
655    matters before the commission requiring a vote by commission
656    delegates.
657(f)     A delegate shall vote in person or by such other means
658    as provided in the bylaws. The bylaws may provide for delegates
659    to meet by telecommunication, video conference, or other similar
660    electronic means.
661(g)     The commission shall meet at least once during each
662    calendar year. Additional meetings may be held as provided in
663    the bylaws. The commission may meet by telecommunication, video
664    conference, or other similar electronic means.
665(3)     The commission shall have the following powers:
666(a)     Establish the fiscal year of the commission.
667(b)     Establish code of conduct and conflict of interest
668    policies.
669(c)     Establish and amend rules and bylaws.
670(d)     Maintain its financial records in accordance with the
671    bylaws.
672(e)     Meet and take such actions as are consistent with the
673    provisions of this compact, the commission's rules, and the
674    bylaws.
675(f)     Initiate and conclude legal proceedings or actions in
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676    the name of the commission, provided that the standing of any
677    licensing authority to sue or be sued under applicable law may
678    not be affected.
679(g)     Maintain and certify records and information provided
680    to a member state as the authenticated business records of the
681    commission, and designate an agent to do so on the commission's
682    behalf.
683(h)     Purchase and maintain insurance and bonds.
684(i)     Borrow, accept, or contract for services of personnel,
685    including, but not limited to, employees of a member state.
686(j)     Conduct an annual financial review.
687(k)     Hire employees, elect or appoint officers, fix
688    compensation, define duties, grant such individuals appropriate
689    authority to carry out the purposes of the compact, and
690    establish the commission's personnel policies and programs
691    relating to conflicts of interest, qualifications of personnel,
692    and other related personnel matters.
693(l)     Assess and collect fees.
694(m)     Accept any and all appropriate gifts, donations,
695    grants of money, other sources of revenue, equipment, supplies,
696    materials, and services, and receive, utilize, and dispose of
697    the same; provided that at all times the commission shall avoid
698    any appearance of impropriety or conflict of interest.
699(n)     Lease, purchase, retain, own, hold, improve, or use
700    any property, real, personal, or mixed, or any undivided
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701    interest therein.
702(o)     Sell, convey, mortgage, pledge, lease, exchange,
703    abandon, or otherwise dispose of any property, real, personal,
704    or mixed.
705(p)     Establish a budget and make expenditures.
706(q)     Borrow money.
707(r)     Appoint committees, including standing committees,
708    composed of members, state regulators, state legislators or
709    their representatives, consumer representatives, and such other
710    interested persons as may be designated in this compact and the
711    bylaws.
712(s)     Provide and receive information from, and cooperate
713    with, law enforcement agencies.
714(t)     Establish and elect an executive committee, including
715    a chair and a vice chair.
716(u)     Determine whether a state's adopted language is
717    materially different from the model compact language such that
718    the state would not qualify for participation in the compact.
719(v)     Perform such other functions as may be necessary or
720    appropriate to achieve the purposes of this compact.
721(4)(a)       The executive committee shall have the power to act
722    on behalf of the commission according to the terms of this
723    compact. The powers, duties, and responsibilities of the
724    executive committee shall include:
7251.      Oversee the day-to-day activities of the administration
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726    of the compact, including enforcement and compliance with the
727    provisions of the compact, its rules and bylaws, and other such
728    duties as deemed necessary.
7292.      Recommend to the commission changes to the rules or
730    bylaws, changes to this compact legislation, fees charged to
731    compact member states, fees charged to licensees, and other
732    fees.
7333.      Ensure compact administration services are
734    appropriately provided, including by contract.
7354.      Prepare and recommend the budget.
7365.      Maintain financial records on behalf of the commission.
7376.      Monitor compact compliance of member states and provide
738    compliance reports to the commission.
7397.      Establish additional committees as necessary.
7408.      Exercise the powers and duties of the commission during
741    the interim between commission meetings, except for adopting or
742    amending rules, adopting or amending bylaws, and exercising any
743    other powers and duties reserved expressly for use by the
744    commission by rule or bylaw.
7459.      Other duties as provided in the rules or bylaws of the
746    commission.
747(b)      The executive committee shall be composed of up to 11
748    members:
7491.      The chair and vice chair of the commission shall be
750    voting members of the executive committee.
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7512.      The commission shall elect five voting members from the
752    current membership of the commission.
7533.      Up to four ex-officio, nonvoting members from four
754    recognized national social work organizations, selected by their
755    respective organizations.
756(c)      The commission may remove any member of the executive
757    committee as provided in the commission's bylaws.
758(d)      The executive committee shall meet at least annually.
7591.      Executive committee meetings shall be open to the
760    public, except that the executive committee may meet in a
761    closed, nonpublic meeting as provided in subsection (7).
7622.      The executive committee shall give 7 days' notice of
763    its meetings, posted on its website and as determined to provide
764    notice to persons with an interest in the business of the
765    commission.
7663.      The executive committee may hold a special meeting in
767    accordance with subsection (6).
768(5)      The commission shall adopt and provide to the member
769    states an annual report.
770(6)      All meetings shall be open to the public, except that
771    the commission may meet in a closed, nonpublic meeting as
772    provided in subsection (7).
773(a)      Public notice for all meetings of the full commission
774    of meetings shall be given in the same manner as required under
775    the rulemaking provisions in Article XII, except that the
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776    commission may hold a special meeting as provided in paragraph
777    (b).
778(b)      The commission may hold a special meeting when it must
779    meet to conduct emergency business by giving 48 hours' notice to
780    all commissioners, on the commission's website, and by other
781    means as provided in the commission's rules. The commission's
782    legal counsel shall certify that the commission's need to meet
783    qualifies as an emergency.
784(7)(a) The commission or the executive committee or other
785    committee of the commission may convene in a closed, nonpublic
786    meeting if the commission or the committee needs to receive
787    legal advice or discuss any of the following:
7881.      Noncompliance of a member state with its obligations
789    under the compact.
7902.      The employment, compensation, or discipline of, or
791    other matters, practices, or procedures related to, specific
792    employees.
7933.      Current or threatened discipline of a licensee by the
794    commission or by a member state's licensing authority.
7954.      Current, threatened, or reasonably anticipated
796    litigation.
7975.      Negotiation of contracts for the purchase, lease, or
798    sale of goods, services, or real estate.
7996.      Accusing any person of a crime or formally censuring
800    any person.
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8017.      Trade secrets or commercial or financial information
802    that is privileged or confidential.
8038.      Information of a personal nature when disclosure would
804    constitute a clearly unwarranted invasion of personal privacy.
8059.      Investigative records compiled for law enforcement
806    purposes.
80710.      Information related to any investigative reports
808    prepared by, or on behalf of or for the use of, the commission
809    or other committee charged with responsibility of investigation
810    or determination of compliance issues pursuant to the compact.
81111.      Matters specifically exempted from disclosure by
812    federal or member state law.
81312.      Other matters as adopted by commission rule.
814(b)      If a meeting, or portion of a meeting, is closed, the
815    presiding officer shall state that the meeting will be closed
816    and reference each relevant exempting provision, and such
817    reference shall be recorded in the minutes.
818(c)     The commission shall keep minutes that fully and
819    clearly describe all matters discussed in a meeting and shall
820    provide a full and accurate summary of actions taken, and the
821    reasons therefor, including a description of the views
822    expressed. All documents considered in connection with an action
823    shall be identified in such minutes. All minutes and documents
824    of a closed meeting shall remain under seal, subject to release
825    only by a majority vote of the commission or order of a court of
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826    competent jurisdiction.
827(8)(a)       The commission shall pay, or provide for the
828    payment of, the reasonable expenses of its establishment,
829    organization, and ongoing activities.
830(b)     The commission may accept any and all appropriate
831    revenue sources as provided in paragraph (3)(m).
832(c)     The commission may levy on and collect an annual
833    assessment from each member state and impose fees on licensees
834    of member states to whom it grants a multistate license to cover
835    the cost of the operations and activities of the commission and
836    its staff, which must be in a total amount sufficient to cover
837    its annual budget as approved each year for which revenue is not
838    provided by other sources. The aggregate annual assessment
839    amount for member states shall be allocated based upon a formula
840    that the commission shall adopt by rule.
841(d)     The commission may not incur obligations of any kind
842    prior to securing the funds adequate to meet the same; nor shall
843    the commission pledge the credit of any of the member states,
844    except by and with the authority of the member state.
845(e)     The commission shall keep accurate accounts of all
846    receipts and disbursements. The receipts and disbursements of
847    the commission shall be subject to the financial review and
848    accounting procedures established under its bylaws. However, all
849    receipts and disbursements of funds handled by the commission
850    shall be subject to an annual financial review by a certified or
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851    licensed public accountant, and the report of the financial
852    review shall be included in and become part of the annual report
853    of the commission.
854(9)(a)       The members, officers, executive director,
855    employees, and representatives of the commission shall be immune
856    from suit and liability, both personally and in their official
857    capacity, for any claim for damage to or loss of property or
858    personal injury or other civil liability caused by or arising
859    out of any actual or alleged act, error, or omission that
860    occurred, or that the person against whom the claim is made had
861    a reasonable basis for believing occurred within the scope of
862    commission employment, duties, or responsibilities; provided
863    that this paragraph does not protect any such person from suit
864    or liability for any damage, loss, injury, or liability caused
865    by the intentional or willful or wanton misconduct of that
866    person. The procurement of insurance of any type by the
867    commission may not in any way compromise or limit the immunity
868    granted hereunder.
869(b)     The commission shall defend any member, officer,
870    executive director, employee, and representative of the
871    commission in any civil action seeking to impose liability
872    arising out of any actual or alleged act, error, or omission
873    that occurred within the scope of commission employment, duties,
874    or responsibilities, or as determined by the commission that the
875    person against whom the claim is made had a reasonable basis for
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876    believing occurred within the scope of commission employment,
877    duties, or responsibilities; provided that nothing herein shall
878    be construed to prohibit that person from retaining his or her
879    own counsel at his or her own expense; and provided further that
880    the actual or alleged act, error, or omission did not result
881    from the intentional or willful or wanton misconduct of that
882    person.
883(c)     The commission shall indemnify and hold harmless any
884    member, officer, executive director, employee, and
885    representative of the commission for the amount of any
886    settlement or judgment obtained against that person arising out
887    of any actual or alleged act, error, or omission that occurred
888    within the scope of commission employment, duties, or
889    responsibilities, or, as determined by the commission, that the
890    person against whom the claim is made had a reasonable basis for
891    believing occurred within the scope of commission employment,
892    duties, or responsibilities, provided that the actual or alleged
893    act, error, or omission did not result from the intentional or
894    willful or wanton misconduct of that person.
895(d)     Nothing herein shall be construed as a limitation on
896    the liability of any licensee for professional malpractice or
897    misconduct, which shall be governed solely by any other
898    applicable state laws.
899(e)     This compact may not be interpreted to waive or
900    otherwise abrogate a member state's state action immunity or
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901    state action affirmative defense with respect to antitrust
902    claims under the Sherman Antitrust Act, Clayton Antitrust Act of
903    1914, or any other state or federal antitrust or anticompetitive
904    law or regulation.
905(f)     This compact may not be construed to be a waiver of
906    sovereign immunity by the member states or by the commission.
907
908ARTICLE XI
909DATA SYSTEM
910
911(1)     The commission shall provide for the development,
912    maintenance, operation, and utilization of a coordinated data
913    system.
914(2)     The commission shall assign each applicant for a
915    multistate license a unique identifier, as determined by the
916    rules of the commission.
917(3)     Notwithstanding any other provision of state law to
918    the contrary, a member state shall submit a uniform data set to
919    the data system on all individuals to whom this compact is
920    applicable as required by the rules of the commission,
921    including:
922(a)     Identifying information.
923(b)     Licensure data.
924(c)     Adverse actions against a license and information
925    related thereto.
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926(d)     Nonconfidential information related to alternative
927    program participation, the beginning and ending dates of such
928    participation, and other information related to such
929    participation not made confidential under member state law.
930(e)     Any denial of application for licensure, and the
931    reason for such denial.
932(f)     The presence of current significant investigative
933    information.
934(g)     Other information that may facilitate the
935    administration of this compact or the protection of the public,
936    as determined by the rules of the commission.
937(4)     The records and information provided to a member state
938    pursuant to this compact or through the data system, when
939    certified by the commission or an agent thereof, shall
940    constitute the authenticated business records of the commission,
941    and shall be entitled to any associated hearsay exception in any
942    relevant judicial, quasi-judicial, or administrative proceedings
943    in a member state.
944(5)(a)       Current significant investigative information
945    pertaining to a licensee in any member state will only be
946    available to other member states.
947(b)     It is the responsibility of the member states to
948    report any adverse action against a licensee and to monitor the
949    database to determine whether adverse action has been taken
950    against a licensee. Adverse action information pertaining to a
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951    licensee in any member state will be available to any other
952    member state.
953(6)     Member states contributing information to the data
954    system may designate information that may not be shared with the
955    public without the express permission of the contributing state.
956(7)     Any information submitted to the data system that is
957    subsequently expunged pursuant to federal law or the laws of the
958    member state contributing the information shall be removed from
959    the data system.
960
961ARTICLE XII
962RULEMAKING
963
964(1)     The commission shall adopt reasonable rules in order
965    to effectively and efficiently implement and administer the
966    purposes and provisions of the compact. A rule shall be invalid
967    and have no force or effect only if a court of competent
968    jurisdiction holds that the rule is invalid because the
969    commission exercised its rulemaking authority in a manner that
970    is beyond the scope and purposes of the compact, or the powers
971    granted hereunder, or based upon another applicable standard of
972    review.
973(2)     The rules of the commission shall have the force of
974    law in each member state; however, if the rules of the
975    commission conflict with the laws, regulations, and applicable
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976     standards that govern the practice of social work as held by a
977     court of competent jurisdiction, the rules of the commission are
978     ineffective in that state to the extent of the conflict.
979(3)     The commission shall exercise its rulemaking powers
980     pursuant to the criteria provided in this section and the rules
981     adopted thereunder. Rules shall become binding on the day
982     following adoption or the date specified in the rule or
983     amendment, whichever is later.
984(4)     If a majority of the legislatures of the member states
985     rejects a rule or portion of a rule, by enactment of a statute
986     or resolution in the same manner used to adopt the compact
987     within 4 years after the date of adoption of the rule, then such
988     rule shall have no further force and effect in any member state.
989(5)     Rules shall be adopted at a regular or special meeting
990     of the commission.
991(6)     Before adoption of a proposed rule, the commission
992     shall hold a public hearing and allow persons to provide oral
993     and written comments, data, facts, opinions, and arguments.
994(7)     Before adoption of a proposed rule by the commission,
995     and at least 30 days in advance of the meeting at which the
996     commission will hold a public hearing on the proposed rule, the
997     commission shall provide a notice of proposed rulemaking:
998(a)     On the website of the commission or other publicly
999     accessible platform.
1000  (b)     To persons who have requested notice of the
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1001      commission's notices of proposed rulemaking.
1002  (c)     In such other way as the commission may by rule
1003      specify.
1004  (8)     The notice of proposed rulemaking shall include:
1005  (a)     The time, date, and location of the public hearing at
1006      which the commission will hear public comments on the proposed
1007      rule and, if different, the time, date, and location of the
1008      meeting where the commission will consider and vote on the
1009      proposed rule.
1010  (b)     If the hearing is held via telecommunication, video
1011      conference, or other similar electronic means, the commission
1012      shall include the mechanism for access to the hearing in the
1013      notice of proposed rulemaking.
1014  (c)     The text of the proposed rule and the reason therefor.
1015  (d)     A request for comments on the proposed rule from any
1016      interested person.
1017  (e)     The manner in which interested persons may submit
1018      written comments.
1019  (9)     All hearings will be recorded. A copy of the recording
1020      and all written comments and documents received by the
1021      commission in response to the proposed rule shall be available
1022      to the public.
1023  (10)        This section does not require a separate hearing on
1024      each rule. Rules may be grouped for the convenience of the
1025      commission at hearings required by this section.
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1026  (11)        The commission shall, by majority vote of all
1027      members, take final action on the proposed rule based on the
1028      rulemaking record and the full text of the rule.
1029  (a)     The commission may adopt changes to the proposed rule
1030      provided the changes do not enlarge the original purpose of the
1031      proposed rule.
1032  (b)     The commission shall provide an explanation of the
1033      reasons for substantive changes made to the proposed rule as
1034      well as reasons for substantive changes not made that were
1035      recommended by commenters.
1036  (c)     The commission shall determine a reasonable effective
1037      date for the rule. Except for an emergency as provided in
1038      subsection (12), the effective date of the rule shall be no
1039      sooner than 30 days after issuing the notice that the commission
1040      adopted or amended the rule.
1041  (12)        Upon determination that an emergency exists, the
1042      commission may consider and adopt an emergency rule with 48
1043      hours' notice, with opportunity to comment, provided that the
1044      usual rulemaking procedures provided in the compact and in this
1045      section shall be retroactively applied to the rule as soon as
1046      reasonably possible, but in no event later than 90 days after
1047      the effective date of the rule. For the purposes of this
1048      subsection, an emergency rule is one that must be adopted
1049      immediately in order to:
1050  (a)     Meet an imminent threat to public health, safety, or
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1051      welfare;
1052  (b)     Prevent a loss of commission or member state funds;
1053  (c)     Meet a deadline for the adoption of a rule that is
1054      established by federal law or rule; or
1055  (d)     Protect public health and safety.
1056  (13)        The commission or an authorized committee of the
1057      commission may direct revisions to a previously adopted rule for
1058      purposes of correcting typographical errors, errors in format,
1059      errors in consistency, or grammatical errors. Public notice of
1060      any revisions shall be posted on the website of the commission.
1061      The revision shall be subject to challenge by any person for a
1062      period of 30 days after posting. The revision may be challenged
1063      only on grounds that the revision results in a material change
1064      to a rule. A challenge shall be made in writing and delivered to
1065      the commission prior to the end of the notice period. If no
1066      challenge is made, the revision will take effect without further
1067      action. If the revision is challenged, the revision may not take
1068      effect without the approval of the commission.
1069  (14)        No member state's rulemaking requirements shall apply
1070      under this compact.
1071
1072  ARTICLE XIII
1073  OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
1074
1075  (1)(a)        The executive and judicial branches of state
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1076      government in each member state shall enforce this compact and
1077      take all actions necessary and appropriate to implement the
1078      compact.
1079  (b)     Except as otherwise provided in this compact, venue is
1080      proper and judicial proceedings by or against the commission
1081      shall be brought solely and exclusively in a court of competent
1082      jurisdiction where the principal office of the commission is
1083      located. The commission may waive venue and jurisdictional
1084      defenses to the extent it adopts or consents to participate in
1085      alternative dispute resolution proceedings. Nothing herein shall
1086      affect or limit the selection or propriety of venue in any
1087      action against a licensee for professional malpractice,
1088      misconduct, or any such similar matter.
1089  (c)     The commission shall be entitled to receive service of
1090      process in any proceeding regarding the enforcement or
1091      interpretation of the compact and shall have standing to
1092      intervene in such a proceeding for all purposes. Failure to
1093      provide the commission service of process shall render a
1094      judgment or order void as to the commission, this compact, or
1095      adopted rules.
1096  (2)(a)       If the commission determines that a member state
1097      has defaulted in the performance of its obligations or
1098      responsibilities under this compact or the adopted rules, the
1099      commission shall provide written notice to the defaulting state.
1100      The notice of default shall describe the default, the proposed
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1101      means of curing the default, and any other action that the
1102      commission may take, and shall offer training and specific
1103      technical assistance regarding the default.
1104  (b)     The commission shall provide a copy of the notice of
1105      default to the other member states.
1106  (3)     If a state in default fails to cure the default, the
1107      defaulting state may be terminated from the compact upon an
1108      affirmative vote of a majority of the delegates of the member
1109      states, and all rights, privileges, and benefits conferred on
1110      that state by this compact may be terminated on the effective
1111      date of termination. A cure of the default does not relieve the
1112      offending state of obligations or liabilities incurred during
1113      the period of default.
1114  (4)     Termination of membership in the compact shall be
1115      imposed only after all other means of securing compliance have
1116      been exhausted. Notice of intent to suspend or terminate shall
1117      be given by the commission to the Governor, the majority and
1118      minority leaders of the defaulting state's legislature, the
1119      defaulting state's state licensing authority, and the licensing
1120      authority of each member state.
1121  (5)     A state that has been terminated is responsible for
1122      all assessments, obligations, and liabilities incurred through
1123      the effective date of termination, including obligations that
1124      extend beyond the effective date of termination.
1125  (6)     Upon the termination of a state's membership from this
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1126      compact, that state shall immediately provide notice to all
1127      licensees within that state of such termination. The terminated
1128      state shall continue to recognize all licenses granted pursuant
1129      to this compact for a minimum of 6 months after the date of said
1130      notice of termination.
1131  (7)     The commission may not bear any costs related to a
1132      state that is found to be in default or that has been terminated
1133      from the compact, unless agreed upon in writing between the
1134      commission and the defaulting state.
1135  (8)     The defaulting state may appeal the action of the
1136      commission by petitioning the United States District Court for
1137      the District of Columbia or the federal district where the
1138      commission has its principal offices. The prevailing party shall
1139      be awarded all costs of such litigation, including reasonable
1140      attorney fees.
1141  (9)(a)       Upon request by a member state, the commission
1142      shall attempt to resolve disputes related to the compact that
1143      arise among member states and between member and nonmember
1144      states.
1145  (b)     The commission shall adopt a rule providing for both
1146      mediation and binding dispute resolution for disputes as
1147      appropriate.
1148  (10)(a)       By majority vote as provided by rule, the
1149      commission may initiate legal action against a member state in
1150      default in the United States District Court for the District of
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1151      Columbia or the federal district where the commission has its
1152      principal offices to enforce compliance with the provisions of
1153      the compact and its adopted rules. The relief sought may include
1154      both injunctive relief and damages. In the event judicial
1155      enforcement is necessary, the prevailing party shall be awarded
1156      all costs of such litigation, including reasonable attorney
1157      fees. The remedies herein may not be the exclusive remedies of
1158      the commission. The commission may pursue any other remedies
1159      available under federal or the defaulting member state's law.
1160  (b)     A member state may initiate legal action against the
1161      commission in the United States District Court for the District
1162      of Columbia or the federal district where the commission has its
1163      principal offices to enforce compliance with the provisions of
1164      the compact and its adopted rules. The relief sought may include
1165      both injunctive relief and damages. In the event judicial
1166      enforcement is necessary, the prevailing party shall be awarded
1167      all costs of such litigation, including reasonable attorney
1168      fees.
1169  (c)     Only a member state may enforce this compact against
1170      the commission.
1171
1172  ARTICLE XIV
1173  EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
1174
1175  (1)     The compact shall come into effect on the date on
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1176      which the compact statute is enacted into law in the seventh
1177      member state.
1178  (2)(a)       On or after the effective date of the compact, the
1179      commission shall convene and review the enactment of each of the
1180      first seven charter member states to determine if the statute
1181      enacted by each such charter member state is materially
1182      different than the model compact statute.
1183  1.      A charter member state whose enactment is found to be
1184      materially different from the model compact statute shall be
1185      entitled to the default process provided in Article XIII.
1186  2.      If any member state is later found to be in default, or
1187      is terminated or withdraws from the compact, the commission
1188      shall remain in existence and the compact shall remain in effect
1189      even if the number of member states should be less than seven.
1190  (b)      Member states enacting the compact subsequent to the
1191      seven initial charter member states shall be subject to the
1192      process provided in paragraph (3)(u) of Article X to determine
1193      if their enactments are materially different from the model
1194      compact statute and whether they qualify for participation in
1195      the compact.
1196  (c)      All actions taken for the benefit of the commission or
1197      in furtherance of the purposes of the administration of the
1198      compact prior to the effective date of the compact or the
1199      commission coming into existence shall be considered to be
1200      actions of the commission unless specifically repudiated by the
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1201      commission.
1202  (d)     Any state that joins the compact subsequent to the
1203      commission's initial adoption of the rules and bylaws shall be
1204      subject to the rules and bylaws as they exist on the date on
1205      which the compact becomes law in that state. Any rule that has
1206      been previously adopted by the commission shall have the full
1207      force and effect of law on the day the compact becomes law in
1208      that state.
1209  (3)     Any member state may withdraw from this compact by
1210      enacting a statute repealing the same.
1211  (a)     A member state's withdrawal may not take effect until
1212      180 days after enactment of the repealing statute.
1213  (b)     Withdrawal may not affect the continuing requirement
1214      of the withdrawing state's licensing authority to comply with
1215      the investigative and adverse action reporting requirements of
1216      this compact before the effective date of withdrawal.
1217  (c)     Upon the enactment of a statute withdrawing from this
1218      compact, a state shall immediately provide notice of such
1219      withdrawal to all licensees within that state. Notwithstanding
1220      any subsequent statutory enactment to the contrary, such
1221      withdrawing state shall continue to recognize all licenses
1222      granted pursuant to this compact for a minimum of 180 days after
1223      the date of such notice of withdrawal.
1224  (4)     This compact does not invalidate or prevent any
1225      licensure agreement or other cooperative arrangement between a
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1226      member state and a nonmember state that does not conflict with
1227      the provisions of this compact.
1228  (5)     This compact may be amended by the member states. Any
1229      amendment to this compact is not effective and binding upon any
1230      member state until it is enacted into the laws of all member
1231      states.
1232
1233  ARTICLE XV
1234  CONSTRUCTION AND SEVERABILITY
1235
1236  (1)     This compact and the commission's rulemaking authority
1237      shall be liberally construed so as to effectuate the purposes
1238      and the implementation and administration of the compact.
1239      Provisions of the compact expressly authorizing or requiring the
1240      adoption of rules may not be construed to limit the commission's
1241      rulemaking authority solely for those purposes.
1242  (2)     The provisions of this compact shall be severable and
1243      if any phrase, clause, sentence, or provision of this compact is
1244      held by a court of competent jurisdiction to be contrary to the
1245      constitution of any member state, a state seeking participation
1246      in the compact, or of the United states, or the application
1247      thereof to any government, agency, person, or circumstance is
1248      held to be unconstitutional by a court of competent
1249      jurisdiction, the validity of the remainder of this compact and
1250      the applicability thereof to any other government, agency,
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1251      person, or circumstance may not be affected thereby.
1252  (3)     Notwithstanding subsection (2), the commission may
1253      deny a state's participation in the compact or, in accordance
1254      with the requirements of subsection (3) of Article XIII,
1255      terminate a member state's participation in the compact, if it
1256      determines that a constitutional requirement of a member state
1257      is a material departure from the compact. Otherwise, if this
1258      compact shall be held to be contrary to the constitution of any
1259      member state, the compact shall remain in full force and effect
1260      as to the remaining member states and in full force and effect
1261      as to the member state affected as to all severable matters.
1262
1263  ARTICLE XVI
1264  CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
1265
1266  (1)     A licensee providing services in a remote state under
1267      a multistate authorization to practice shall adhere to the laws
1268      and regulations, including laws, regulations, and applicable
1269      standards, of the remote state where the client is located at
1270      the time care is rendered.
1271  (2)     Nothing herein shall prevent or inhibit the
1272      enforcement of any other law of a member state that is not
1273      inconsistent with the compact.
1274  (3)     Any laws, statutes, regulations, or other legal
1275      requirements in a member state in conflict with the compact are
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1276      superseded to the extent of the conflict.
1277  (4)     All permissible agreements between the commission and
1278      the member states are binding in accordance with their terms.
1279  Section 2.  Subsection (10) of section 456.073, Florida
1280      Statutes, is amended to read:
1281  456.073       Disciplinary proceedings.—Disciplinary proceedings
1282      for each board shall be within the jurisdiction of the
1283      department.
1284  (10)(a)       The complaint and all information obtained
1285      pursuant to the investigation by the department are confidential
1286      and exempt from s. 119.07(1) until 10 days after probable cause
1287      has been found to exist by the probable cause panel or by the
1288      department, or until the regulated professional or subject of
1289      the investigation waives his or her privilege of
1290      confidentiality, whichever occurs first.
1291  (b)     The department shall report any significant
1292      investigative investigation information relating to a nurse
1293      holding a multistate license to the coordinated licensure
1294      information system pursuant to s. 464.0095; any investigative
1295      information relating to an audiologist or a speech-language
1296      pathologist holding a compact privilege under the Audiology and
1297      Speech-Language Pathology Interstate Compact to the data system
1298      pursuant to s. 468.1335; any investigative information relating
1299      to a physical therapist or physical therapist assistant holding
1300      a compact privilege under the Physical Therapy Licensure Compact
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1301      to the data system pursuant to s. 486.112; any investigative
1302      significant investigatory information relating to a psychologist
1303      practicing under the Psychology Interjurisdictional Compact to
1304      the coordinated licensure information system pursuant to s.
1305      490.0075; and any significant investigative investigatory
1306      information relating to a health care practitioner practicing
1307      under the Professional Counselors Licensure Compact to the data
1308      system pursuant to s. 491.017; and any investigative information
1309      relating to a clinical social worker practicing under the Social
1310      Work Licensure Interstate Compact to the data system pursuant to
1311      s. 491.022.
1312  (c)     Upon completion of the investigation and a
1313      recommendation by the department to find probable cause, and
1314      pursuant to a written request by the subject or the subject's
1315      attorney, the department shall provide the subject an
1316      opportunity to inspect the investigative file or, at the
1317      subject's expense, forward to the subject a copy of the
1318      investigative file. Notwithstanding s. 456.057, the subject may
1319      inspect or receive a copy of any expert witness report or
1320      patient record connected with the investigation if the subject
1321      agrees in writing to maintain the confidentiality of any
1322      information received under this subsection until 10 days after
1323      probable cause is found and to maintain the confidentiality of
1324      patient records pursuant to s. 456.057. The subject may file a
1325      written response to the information contained in the
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1326      investigative file. Such response must be filed within 20 days
1327      after of mailing by the department, unless an extension of time
1328      has been granted by the department.
1329  (d)     This subsection does not prohibit the department from
1330      providing the complaint and any information obtained pursuant to
1331      the department's investigation to any law enforcement agency or
1332      to any other regulatory agency.
1333  Section 3.  Subsection (5) of section 456.076, Florida
1334      Statutes, is amended to read:
1335  456.076       Impaired practitioner programs.—
1336  (5)     A consultant shall enter into a participant contract
1337      with an impaired practitioner and shall establish the terms of
1338      monitoring and shall include the terms in a participant
1339      contract. In establishing the terms of monitoring, the
1340      consultant may consider the recommendations of one or more
1341      approved evaluators, treatment programs, or treatment providers.
1342      A consultant may modify the terms of monitoring if the
1343      consultant concludes, through the course of monitoring, that
1344      extended, additional, or amended terms of monitoring are
1345      required for the protection of the health, safety, and welfare
1346      of the public. If the impaired practitioner is an audiologist or
1347      a speech-language pathologist practicing under the Audiology and
1348      Speech-Language Pathology Interstate Compact pursuant to s.
1349      468.1335, a physical therapist or physical therapist assistant
1350      practicing under the Physical Therapy Licensure Compact pursuant
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1351      to s. 486.112, a psychologist practicing under the Psychology
1352      Interjurisdictional Compact pursuant to s. 490.0075, or a health
1353      care practitioner practicing under the Professional Counselors
1354      Licensure Compact pursuant to s. 491.017, or a clinical social
1355      worker practicing under the Social Work Licensure Interstate
1356      Compact pursuant to s. 491.022, the terms of the monitoring
1357      contract must include the impaired practitioner's withdrawal
1358      from all practice under the compact unless authorized by a
1359      member state.
1360  Section 4.  Subsection (9) is added to section 491.004,
1361      Florida Statutes, to read:
1362  491.004       Board of Clinical Social Work, Marriage and Family
1363      Therapy, and Mental Health Counseling.—
1364  (9)     The board shall appoint an individual to serve as the
1365      state's delegate on the Social Work Licensure Compact
1366      Commission, as required under s. 491.022.
1367  Section 5.  Subsection (6) of section 491.005, Florida
1368      Statutes, is amended to read:
1369  491.005       Licensure by examination.—
1370  (6)     EXEMPTIONS EXEMPTION.—
1371  (a)     A person licensed as a clinical social worker,
1372      marriage and family therapist, or mental health counselor in
1373      another state who is practicing under the Professional
1374      Counselors Licensure Compact pursuant to s. 491.017, and only
1375      within the scope provided therein, is exempt from the licensure
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1376      requirements of this section, as applicable.
1377  (b)     A person licensed as a clinical social worker in
1378      another state who is practicing under the Social Work Licensure
1379      Interstate Compact pursuant to s. 491.022, and only within the
1380      scope provided therein, is exempt from the licensure
1381      requirements of this section, as applicable.
1382  Section 6.  Subsection (4) is added to section 491.006,
1383      Florida Statutes, to read:
1384  491.006       Licensure or certification by endorsement.—
1385  (4)     A person licensed as a clinical social worker in
1386      another state who is practicing under the Social Work Licensure
1387      Interstate Compact pursuant to s. 491.022, and only within the
1388      scope provided therein, is exempt from the licensure
1389      requirements of this section, as applicable.
1390  Section 7.  Subsection (1) of section 491.009, Florida
1391      Statutes, is amended, and paragraph (c) is added to subsection
1392      (2) of that section, to read:
1393  491.009       Discipline.—
1394  (1)     The following acts constitute grounds for denial of a
1395      license or disciplinary action, as specified in s. 456.072(2),
1396      or s. 491.017, or s. 491.022:
1397  (a)     Attempting to obtain, obtaining, or renewing a
1398      license, registration, or certificate under this chapter by
1399      bribery or fraudulent misrepresentation or through an error of
1400      the board or the department.
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1401  (b)     Having a license, registration, or certificate to
1402      practice a comparable profession revoked, suspended, or
1403      otherwise acted against, including the denial of certification
1404      or licensure by another state, territory, or country.
1405  (c)     Being convicted or found guilty of, regardless of
1406      adjudication, or having entered a plea of nolo contendere to, a
1407      crime in any jurisdiction which directly relates to the practice
1408      of his or her profession or the ability to practice his or her
1409      profession. However, in the case of a plea of nolo contendere,
1410      the board shall allow the person who is the subject of the
1411      disciplinary proceeding to present evidence in mitigation
1412      relevant to the underlying charges and circumstances surrounding
1413      the plea.
1414  (d)     False, deceptive, or misleading advertising or
1415      obtaining a fee or other thing of value on the representation
1416      that beneficial results from any treatment will be guaranteed.
1417  (e)     Advertising, practicing, or attempting to practice
1418      under a name other than one's own.
1419  (f)     Maintaining a professional association with any person
1420      who the applicant, licensee, registered intern, or
1421      certificateholder knows, or has reason to believe, is in
1422      violation of this chapter or of a rule of the department or the
1423      board.
1424  (g)     Knowingly aiding, assisting, procuring, or advising
1425      any nonlicensed, nonregistered, or noncertified person to hold
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1426      himself or herself out as licensed, registered, or certified
1427      under this chapter.
1428  (h)     Failing to perform any statutory or legal obligation
1429      placed upon a person licensed, registered, or certified under
1430      this chapter.
1431  (i)     Willfully making or filing a false report or record;
1432      failing to file a report or record required by state or federal
1433      law; willfully impeding or obstructing the filing of a report or
1434      record; or inducing another person to make or file a false
1435      report or record or to impede or obstruct the filing of a report
1436      or record. Such report or record includes only a report or
1437      record which requires the signature of a person licensed,
1438      registered, or certified under this chapter.
1439  (j)     Paying a kickback, rebate, bonus, or other
1440      remuneration for receiving a patient or client, or receiving a
1441      kickback, rebate, bonus, or other remuneration for referring a
1442      patient or client to another provider of mental health care
1443      services or to a provider of health care services or goods;
1444      referring a patient or client to oneself for services on a fee-
1445      paid basis when those services are already being paid for by
1446      some other public or private entity; or entering into a
1447      reciprocal referral agreement.
1448  (k)     Committing any act upon a patient or client which
1449      would constitute sexual battery or which would constitute sexual
1450      misconduct as defined pursuant to s. 491.0111.
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1451  (l)     Making misleading, deceptive, untrue, or fraudulent
1452      representations in the practice of any profession licensed,
1453      registered, or certified under this chapter.
1454  (m)     Soliciting patients or clients personally, or through
1455      an agent, through the use of fraud, intimidation, undue
1456      influence, or a form of overreaching or vexatious conduct.
1457  (n)     Failing to make available to a patient or client, upon
1458      written request, copies of tests, reports, or documents in the
1459      possession or under the control of the licensee, registered
1460      intern, or certificateholder which have been prepared for and
1461      paid for by the patient or client.
1462  (o)     Failing to respond within 30 days to a written
1463      communication from the department or the board concerning any
1464      investigation by the department or the board, or failing to make
1465      available any relevant records with respect to any investigation
1466      about the licensee's, registered intern's, or
1467      certificateholder's conduct or background.
1468  (p)     Being unable to practice the profession for which he
1469      or she is licensed, registered, or certified under this chapter
1470      with reasonable skill or competence as a result of any mental or
1471      physical condition or by reason of illness; drunkenness; or
1472      excessive use of drugs, narcotics, chemicals, or any other
1473      substance. In enforcing this paragraph, upon a finding by the
1474      State Surgeon General, the State Surgeon General's designee, or
1475      the board that probable cause exists to believe that the
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1476      licensee, registered intern, or certificateholder is unable to
1477      practice the profession because of the reasons stated in this
1478      paragraph, the department shall have the authority to compel a
1479      licensee, registered intern, or certificateholder to submit to a
1480      mental or physical examination by psychologists, physicians, or
1481      other licensees under this chapter, designated by the department
1482      or board. If the licensee, registered intern, or
1483      certificateholder refuses to comply with such order, the
1484      department's order directing the examination may be enforced by
1485      filing a petition for enforcement in the circuit court in the
1486      circuit in which the licensee, registered intern, or
1487      certificateholder resides or does business. The licensee,
1488      registered intern, or certificateholder against whom the
1489      petition is filed may not be named or identified by initials in
1490      any public court records or documents, and the proceedings shall
1491      be closed to the public. The department shall be entitled to the
1492      summary procedure provided in s. 51.011. A licensee, registered
1493      intern, or certificateholder affected under this paragraph shall
1494      at reasonable intervals be afforded an opportunity to
1495      demonstrate that he or she can resume the competent practice for
1496      which he or she is licensed, registered, or certified with
1497      reasonable skill and safety to patients.
1498  (q)     Performing any treatment or prescribing any therapy
1499      which, by the prevailing standards of the mental health
1500      professions in the community, would constitute experimentation
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1501      on human subjects, without first obtaining full, informed, and
1502      written consent.
1503  (r)     Failing to meet the minimum standards of performance
1504      in professional activities when measured against generally
1505      prevailing peer performance, including the undertaking of
1506      activities for which the licensee, registered intern, or
1507      certificateholder is not qualified by training or experience.
1508  (s)     Delegating professional responsibilities to a person
1509      who the licensee, registered intern, or certificateholder knows
1510      or has reason to know is not qualified by training or experience
1511      to perform such responsibilities.
1512  (t)     Violating a rule relating to the regulation of the
1513      profession or a lawful order of the department or the board
1514      previously entered in a disciplinary hearing.
1515  (u)     Failure of the licensee, registered intern, or
1516      certificateholder to maintain in confidence a communication made
1517      by a patient or client in the context of such services, except
1518      as provided in s. 491.0147.
1519  (v)     Making public statements which are derived from test
1520      data, client contacts, or behavioral research and which identify
1521      or damage research subjects or clients.
1522  (w)     Violating any provision of this chapter or chapter
1523      456, or any rules adopted pursuant thereto.
1524  (2)
1525  (c)     The board may take adverse action against a clinical
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1526      social worker's privilege to practice under the Social Work
1527      Licensure Interstate Compact pursuant to s. 491.022 and may
1528      impose any of the penalties in s. 456.072(2) if the clinical
1529      social worker commits an act specified in subsection (1) or s.
1530      456.072(1).
1531  Section 8.  Paragraph (m) is added subsection (10) of
1532      section 768.28, Florida Statutes, to read:
1533  768.28       Waiver of sovereign immunity in tort actions;
1534      recovery limits; civil liability for damages caused during a
1535      riot; limitation on attorney fees; statute of limitations;
1536      exclusions; indemnification; risk management programs.—
1537  (10)
1538  (m)     For purposes of this section, the individual appointed
1539      under s. 491.004(9) as the state's delegate on the Social Work
1540      Licensure Compact Commission, pursuant to s. 491.022, and any
1541      administrator, officer, executive director, employee, or
1542      representative of the commission, when acting within the scope
1543      of his or her employment, duties, or responsibilities in this
1544      state, is considered an agent of the state. The commission shall
1545      pay any claims or judgments pursuant to this section and may
1546      maintain insurance coverage to pay any such claims or judgments.
1547  Section 9.  This act shall take effect July 1, 2026.
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