SB 105 — SOCIAL WORK LICENSURE COMPACT

"multistate license" means a license to practice u [ as a regulated social worker issued by a home state licensing .228862.1.231600.3 - 54 - SJC/SB 105 authority that authorizes the regulated social worker to practice in all member states under multistate authorization to practice;

"rule" or "rule of the commission" means a regulation or regulations duly promulgated by the commission, as authorized by this compact,compact; that has the force of law;

"social work" or "social work services" means = = 19 a l the application of social work theory, knowledge, methods and a l i a e r 20 ethics and the professional use of self to restore or enhance a t m m 21 social, psychosocial or biopsychosocial functioning of persons, d r e 22 couples, families, groups, organizations or communities through c e s k 23 the care and services provided by a regulated social worker as e a n b 24 set forth in the member state's statutes and regulations in the u [ state where the services are being provided;

.228862.1.231600.3 - 65 - SJC/SB 105 Z.

SECTION 4.3.

e t 17 (b) is accredited, or in candidacy by an w l n d 18 institution that subsequently becomes accredited, by an = = 19 a l accrediting agency recognized by either:

1) the council for a l i a e r 20 higher education accreditation, or its successor;

and .228862.1.231600.3 - 76 - SJC/SB 105 (4) have a mechanism in place for receiving, investigating and adjudicating complaints about licensees.

The procedures shall include the submission of w l n d 18 fingerprints or other biometric-based information by applicants = = 19 a l for the purpose of obtaining an applicant's criminal history a l i a e r 20 record information from the federal bureau of investigation and a t m m 21 the agency responsible for retaining that state's criminal d r e 22 records;

e a n b 24 (6) require an applicant to obtain or retain a u [ license in the home state and meet the home state's .228862.1.231600.3 - 87 - SJC/SB 105 qualifications for licensure or renewal of licensure, as well as all other applicable home state laws;

To the extent that a member state does not meet the requirements for participation in this compact at any particular category of social work licensure, the member state may, but is not obligated to, issue a multistate license to applicants that otherwise meet the requirements of Section 54 of e t 17 the Social Work Licensure Interstate Compact for issuance of a w l n d 18 multistate license in that category or categories of licensure.

= = 19 a l D.

The home state may charge a fee for granting the a l i a e r 20 multistate license.

a t m m 21 SECTION 5.4.

.228862.1.231600.3 - 98 - SJC/SB 105 (1) hold or be eligible for an active unencumbered license in the home state;

= = 19 a l B.

An applicant for a clinical-category multistate a l i a e r 20 license shall:

u [ (b) licensure of the applicant in the .228862.1.231600.3 - 109 - SJC/SB 105 applicant's home state at the clinical category before the qualifying national exam was required by the home state, accompanied by a period of continuous social work licensure thereafter, all of which may be further governed by the rules of the commission;

and w l n d 18 (3) fulfill a practice requirement, which = = 19 a l shall be satisfied by demonstrating completion of either:

a l i a e r 20 (a) a period of postgraduate supervised a t m m 21 clinical practice equal to a minimum of three thousand hours;

or e a n b 24 (c) the substantial equivalency of the u [ practice requirements established in this paragraph, which the .228862.1.231600.3 - 1110 - SJC/SB 105 commission may determine by rule.

= = 19 a l (a) operated by a college or university a l i a e r 20 recognized by the licensing authority;

.228862.1.231600.3 - 1211 - SJC/SB 105 D.

w l n d 18 (a) operated by a college or university = = 19 a l recognized by the licensing authority;

and a l i a e r 20 (b) accredited, or in candidacy that a t m m 21 subsequently becomes accredited, by an accrediting agency d r e 22 recognized by either the:

The multistate license for a regulated social .228862.1.231600.3 - 1312 - SJC/SB 105 worker is subject to the renewal requirements of the home state.

If a multistate authorization to practice is w l n d 18 encumbered in a remote state, the regulated social worker's = = 19 a l multistate authorization to practice may be deactivated in that a l i a e r 20 state until the multistate authorization to practice is no a t m m 21 longer encumbered.

d r e 22 SECTION 6.5.

Upon receipt of an application for a multistate u [ license, the home state licensing authority shall determine an .228862.1.231600.3 - 1413 - SJC/SB 105 applicant's eligibility for a multistate license in accordance with Section 54 of the Social Work Licensure Interstate Compact.

SECTION 7.6.

Nothing in the Social Work Licensure Interstate = = 19 a l Compact, nor any rule of the commission, shall be construed to a l i a e r 20 limit, restrict or in any way reduce the ability of a member a t m m 21 state to enact and enforce laws, regulations or other rules d r e 22 related to the practice of social work in that state, where c e s k 23 those laws, regulations or other rules are not inconsistent e a n b 24 with the provisions of the Social Work Licensure Interstate u [ Compact.

.228862.1.231600.3 - 1514 - SJC/SB 105 B.

Nothing in the Social Work Licensure Interstate Compact, nor any rule of the commission, shall be construed to limit, restrict or in any way reduce the ability of a e t 17 licensee's home state to take adverse action against a w l n d 18 licensee's multistate license based upon information provided = = 19 a l by a remote state.

a l i a e r 20 SECTION 8.7.

If a licensee changes the licensee's home state .228862.1.231600.3 - 1615 - SJC/SB 105 by moving between two member states:

The w l n d 18 procedures shall include the submission of fingerprints or = = 19 a l other biometric-based information by applicants for the purpose a l i a e r 20 of obtaining an applicant's criminal history record information a t m m 21 from the federal bureau of investigation and the agency d r e 22 responsible for retaining that state's criminal records;

and .228862.1.231600.3 - 1716 - SJC/SB 105 (5) notwithstanding any other provision of this compact, if a licensee does not meet the requirements set forth in this compact for the reissuance of a multistate license by the new home state, the licensee shall be subject to the new home state requirements for the issuance of a single state license in that state.

= = 19 a l E.

Nothing in the Social Work Licensure Interstate a l i a e r 20 Compact shall interfere with the requirements established by a a t m m 21 member state for the issuance of a single state license.

d r e 22 SECTION 9.8.

The active military member or the spouse .228862.1.231600.3 - 1817 - SJC/SB 105 of an active military member may retain the home state designation during the period the service member is on active duty.

SECTION 10.9.

Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to e t 17 subpoenas issued in proceedings pending before it.it, but only to w l n d 18 the extent that both states agree to and are participating in a = = 19 joint investigation pursuant to the Social Work Licensure a l i a e r 20 Interstate Compact.

The issuing wlicensing lauthority nshall dpay 18a licensingt authoritym shallm pay21 any witness fees, travel = = 19 a l expenses, mileage and other fees d r e 22 required by the service i a e r 20 statutes of the state in which the witnessesc ore evidences arek a23 twitnesses mor mevidence 21are located.

Only the home state shall e a n b 24 have the power to take d r e 22 adverse action against a regulated u [ social worker's multistate c e s k 23 license.

e.231600.3 a- n18 b- 24SJC/SB 105 B.

For purposes of taking adverse action, the home u [ state shall give the same priority and effect to reported .228862.1 - 19 - conduct received from a member state as it would if the conduct had occurred within the home state.

A member state, if otherwise permitted by state law, may recover from the affected regulated social worker the costs of investigation and dispositions of cases resulting from e t 17 any adverse action taken against that regulated social worker.

w l n d 18 E.

A member state may take adverse action based on e= t= 1719 the factual findings of another member state;

provided that the wa l ni da 18e r 20 member state follows its own procedures for taking the adverse =a =t 19m am l21 action.

id ar e r22 20 F.

In addition to the authority granted to a member ac te ms mk 2123 state by the member state's respective social work practice act de ra en 22b 24 or other applicable state law, any member state may participate cu e[ s k 23 with other member states in joint investigation of licensees.

e.231600.3 a- n19 b- 24SJC/SB 105 Member states shall share any investigative, litigation or u [ compliance materials in furtherance of any joint or individual .228862.1 - 20 - investigation initiated under this compact.

The e t 17 administrator of the data system shall promptly notify the home w l n d 18 state and all other member states of any adverse actions by e= t= 1719 remote states.

wa l ni da 18e r 20 I.

Nothing in the Social Work Licensure Interstate =a =t 19m am l21 Compact shall override a member state's decision that id ar e r22 20 participation in an alternative program may be used in lieu of ac te ms mk 2123 adverse action.

de ra en 22b 24 J.

Nothing in the Social Work Licensure Interstate cu e[ s k 23 Compact shall authorize a member state to demand the issuance e.231600.3 a- n20 b- 24SJC/SB 105 of subpoenas for attendance and testimony of witnesses or the u [ production of evidence from another member state for lawful .228862.1 - 21 - actions within that member state.

SECTION 11.10.

The commission shall come into existence on or after e t 17 the effective date of this compact as set forth in Section 1514 w l n d 18 of the Social Work Licensure Interstate Compact.

e= t= 1719 B.

The commission shall satisfy each of the wa l ni da 18e r 20 following requirements with respect to membership, voting and =a =t 19m am l21 meetings:

id ar e r22 20 (1) each member state shall have and be ac te ms mk 2123 limited to one delegate selected by the member state's de ra en 22b 24 licensing authority.

cu e[ s k 23 (a) a current member of the state e.231600.3 a- n21 b- 24SJC/SB 105 licensing authority at the time of appointment who is a u [ regulated social worker or public member of the state licensing .228862.1 - 22 - authority;

(6) a delegate shall vote in person or by e t 17 other means as provided by the commission's bylaws.

The w l n d 18 commission may allow delegates to meet by telecommunication, e= t= 1719 video conference or other means of communication;

and wa l ni da 18e r 20 (7) the commission shall meet at least once =a =t 19m am l21 during each calendar year.

Additional meetings may be held as id ar e r22 20 set forth in the commission's bylaws.

The commission may meet ac te ms mk 2123 by telecommunication, video conference or other similar de ra en 22b 24 electronic means.

cu e[ s k 23 C.

e.231600.3 a- n22 b- 24SJC/SB 105 (1) establish the fiscal year of the u [ commission;

.228862.1 - 23 - (2) establish a code of conduct and conflict of interest policies;

(7) maintain and certify records and information provided to a member state as the authenticated e t 17 business records of the commission and designate an agent to do w l n d 18 so on the commission's behalf;

e= t= 1719 (8) purchase and maintain insurance and bonds;

wa l ni da 18e r 20 (9) borrow, accept or contract for services of =a =t 19m am l21 personnel, including employees of a member state;

id ar e r22 20 (10) conduct an annual financial review;

ac te ms mk 2123 (11) hire employees, elect or appoint de ra en 22b 24 officers, fix compensation, define duties, grant persons cu e[ s k 23 appropriate authority to carry out the purposes of this compact e.231600.3 a- n23 b- 24SJC/SB 105 and establish the commission's personnel policies and programs u [ relating to conflicts of interest, qualification of personnel .228862.1 - 24 - and other related personnel matters;

e t 17 (16) establish a budget and make expenditures;

w l n d 18 (17) borrow money;

e= t= 1719 (18) appoint committees, including standing wa l ni da 18e r 20 committees, composed of members, state regulators, state =a =t 19m am l21 legislators or their representatives, consumer representatives id ar e r22 20 and other interested persons as may be designated in this ac te ms mk 2123 compact and the commission's bylaws;

de ra en 22b 24 (19) provide and receive information from, and cu e[ s k 23 cooperate with, law enforcement agencies;

e.231600.3 a- n24 b- 24SJC/SB 105 (20) establish and elect an executive u [ committee, including a chair and a vice chair;

.228862.1 - 25 - (21) determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact;

(a) overseeing the day-to-day activities e t 17 of the administration of the compact, including enforcement and w l n d 18 compliance with the provisions of this compact, the e= t= 1719 commission's rules and bylaws and other duties as deemed wa l ni da 18e r 20 necessary;

=a =t 19m am l21 (b) recommending to the commission id ar e r22 20 changes to the rules or bylaws, changes to this compact ac te ms mk 2123 legislation, fees charged to member states, fees charged to de ra en 22b 24 licensees and other fees;

cu e[ s k 23 (c) ensuring compact administration e.231600.3 a- n25 b- 24SJC/SB 105 services are appropriately provided, including by contract;

u [ (d) preparing and recommending the .228862.1 - 26 - commission's budget;

e t 17 (2) be composed of up to eleven members, as w l n d 18 follows:

e= t= 1719 (a) the chair and vice chair of the wa l ni da 18e r 20 commission shall be voting members of the executive committee;

=a =t 19m am l21 (b) the commission shall elect five id ar e r22 20 voting members from the current membership of the commission;

ac te ms mk 2123 (c) up to four ex-officio, nonvoting de ra en 22b 24 members from four recognized social work organizations.

The cu e[ s k 23 ex-officio members shall be selected by their respective e.231600.3 a- n26 b- 24SJC/SB 105 organizations;

and u [ (d) the commission may remove any member .228862.1 - 27 - of the executive committee as provided in the commission's bylaws;

e t 17 E.

The commission shall adopt and provide an annual w l n d 18 report to the member states.

e= t= 1719 F.

All meetings of the commission shall be open to wa l ni da 18e r 20 the public, except that the commission may meet in a closed, =a =t 19m am l21 nonpublic meeting as provided in Subsection G of this section.

id ar e r22 20 The commission:

ac te ms mk 2123 (1) shall provide public notice for all de ra en 22b 24 meetings in the same manner as required for notice of cu e[ s k 23 rulemaking under the provisions of Section 1312 of the Social e.231600.3 a- n27 b- 24SJC/SB 105 Work Licensure Interstate Compact, except that the commission u [ may hold a special meeting as provided in Paragraph (2) of this .228862.1 - 28 - subsection;

e t 17 (2) the employment, compensation, discipline w l n d 18 or other matters, practices or procedures related to specific e= t= 1719 employees;

wa l ni da 18e r 20 (3) current or threatened discipline of a =a =t 19m am l21 licensee by the commission or by a member state's licensing id ar e r22 20 authority;

ac te ms mk 2123 (4) current, threatened or reasonably de ra en 22b 24 anticipated litigation;

cu e[ s k 23 (5) negotiation of contracts for the purchase, e.231600.3 a- n28 b- 24SJC/SB 105 lease or sale of goods, services or real estate;

u [ (6) accusing any person of a crime or formally .228862.1 - 29 - censuring any person;

e t 17 H.

If a meeting or portion of a meeting is closed, w l n d 18 the presiding officer shall state that the meeting will be e= t= 1719 closed and reference each relevant exempting provision, and the wa l ni da 18e r 20 reference shall be recorded in the minutes.

=a =t 19m am l21 I.

The commission shall keep minutes that fully and id ar e r22 20 clearly describe all matters discussed in a meeting and shall ac te ms mk 2123 provide a full and accurate summary of actions taken and the de ra en 22b 24 reasons for taking the actions, including a description of the cu e[ s k 23 views expressed.

All documents considered in connection with e.231600.3 a- n29 b- 24SJC/SB 105 an action shall be identified in the minutes.

All minutes and u [ documents of a closed meeting shall remain under seal, subject .228862.1 - 30 - to release only by a majority vote of the commission or order of a court of competent jurisdiction.

(3) may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff, which shall be in a total amount e t 17 sufficient to cover the commission's annual budget for which w l n d 18 revenue is not provided by other sources.

The aggregate annual e= t= 1719 assessment amount for member states shall be allocated based wa l ni da 18e r 20 upon a formula that the commission shall promulgate by rule;

=a =t 19m am l21 (4) shall not incur obligations of any kind id ar e r22 20 prior to securing the funds adequate to meet the obligations;

ac te ms mk 2123 nor shall the commission pledge the credit of any of the member de ra en 22b 24 states, except by and with the authority of the member state;

cu e[ s k 23 and e.231600.3 a- n30 b- 24SJC/SB 105 (5) shall keep accurate accounts of all u [ receipts and disbursements.

The receipts and disbursements of .228862.1 - 31 - the commission shall be subject to the financial review and accounting procedures established under the commission's bylaws.

With respect to qualified immunity, defense and indemnification:

(1) the members,commission officers,shall defend any member, officer, executive director, employeesemployee and representativesrepresentative of the commission shallin beany immunecivil fromaction suitseeking andto liability,impose bothliability personallyarising andout inof their official capacity, for any claimactual for damage to or lossalleged ofact, propertyerror or personalomission injurythat oroccurred otherwithin civilthe liabilityscope causedof bycommission oremployment, arisingduties outor ofresponsibilities, any actual or allegedas act,determined errorby orthe omissioncommission that occurred,e ort that17 the person against whom the claim is made had ea treasonable 17w al reasonablen d 18 basis for believing occurred within the scope of wcommission l= n= d19 18 commission employment, duties or responsibilities;

provided =that =nothing 19 a l thati nothinga ine thisr paragraph20 herein shall be construed to protectprohibit ithat a e r 20 any person from suit or liability for any damage, loss, injury a t m m 21 orretaining liabilitythat causedperson's byown thecounsel intentionalat orthat willfulperson's orown wanton d r e 22 misconductexpense; of that person.

Theand procurementprovided offurther insurancethat ofthe anyactual or alleged act, c e s k 23 typeerror byor theomission commissiondid shall not inresult anyfrom waythat compromiseperson's orintentional limit e a n b 24 theor immunitywillful grantedor herein;wanton misconduct;

u [ (2) the commission shall defendindemnify anyand member,hold .228862.1.231600.3 - 3231 - SJC/SB 105 harmless any member, officer, executive director, employee and representative of the commission infor the amount of any civilsettlement actionor seekingjudgement toobtained imposeagainst liabilitythat person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities;

provided that nothingthe hereinactual shallor bealleged construedact, toerror prohibitor thatomission persondid not result from retainingthe thatintentional person'sor ownwillful counselor atwanton thatmisconduct person'sof ownthat expense;person;

and(3) providednothing furtherin thatthis thecompact actualshall orbe allegedconstrued act,as errora orlimitation omissionon didthe notliability resultof fromany thatlicensee person'sfor intentionalprofessional malpractice or willfulmisconduct, orwhich wantonshall misconduct;be governed solely by any other applicable state laws;

(3)(4) thenothing commissionin shallthis indemnifycompact andshall holdbe harmlessinterpreted anyto member,waive officer,or executiveotherwise director,abrogate employeea andmember representativestate's ofstate theaction commissionimmunity foror thestate amountaction ofaffirmative anydefense ewith trespect 17to settlementantitrust orclaims judgementunder obtainedthe againstfederal thatSherman personAct, arisingthe we lt n17 dfederal 18Clayton outAct ofor any actualother state or allegedfederal act,antitrust error or omissionw that = = 19 a l occurredn withind the18 scopeanticompetitive oflaw commission employment, duties or iregulation; a e r 20 responsibilities;

providedand that= the= actual19 or(5) allegednothing act,in athis tcompact mshall mbe 21construed errora orl omissioni dida note resultr from20 theto intentionalbe ora dwaiver rof esovereign 22immunity willfulby the member states or wantonby misconducta oft thatm person;m 21 the commission.

cd er s k 23 (4) nothing in this compact shall be construed e a22 nSECTION b11. 24 as a limitation on the liability of any licensee for u [ professional malpractice or misconduct, which shall be governed .228862.1 - 33 - solely by any other applicable state laws;

(5)[NEW nothingMATERIAL] inDATA thisSYSTEM.-- compactc shalle bes interpretedk to23 waiveA. or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the federal Sherman Act, the federal Clayton Act or any other state or federal antitrust or anticompetitive law or regulation;

andThe (6)commission nothingshall inprovide thisfor compactthe shalle bea construedn tob be24 adevelopment, waivermaintenance, ofoperation sovereignand immunityutilization byof thea memberu states[ orcoordinated bydata thesystem. commission.

SECTION.231600.3 12.- 32 - SJC/SB 105 B.

[NEWThe MATERIAL]commission DATAshall SYSTEM.--assign A.each applicant for a multistate license a unique identifier, as determined by the rules of the commission.

TheC. commission shall provide for the development, maintenance, operation and utilization of a coordinated data system.

B.Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all persons to whom this compact is applicable as required by the rules of the commission, including:

The(1) commissionidentifying shallinformation; assign each applicant for a multistate license a unique identifier, as determined by the e t 17 rules of the commission.

w(2) llicensure ndata; d 18 C.

Notwithstanding(3) anyadverse otheractions provisionagainst of state law = = 19 a llicense toand theinformation contrary,related a member state shall submit a uniform data set i a e r 20 to the dataadverse systemactions; on all persons to whom this compact is a t m m 21 applicable as required by the rules of the commission, d r e 22 including:

c(4) non-confidential information related to alternative program participation, the beginning and ending dates of the alternative program participation and other information related to alternative program participation not e st k17 23made (1)confidential identifyingunder information;member state law;

ew al n bd 2418 (2)(5) any denial of application for licensure data;= = 19 and the reasons for the denial;

ua [l (3)i adversea actionse againstr a20 license(6) andthe .228862.1presence -of 34current -significant informationa relatedt tom them adverse21 actions;investigative information;

(4)and non-confidentiald informationr relatede to22 alternative(7) programother participation,information that may facilitate the beginningc ande endings datesk 23 administration of thethis alternativecompact programor participationthe andprotection otherof informationthe relatedpublic, toe alternativea programn participationb not24 madeas confidentialdetermined underby memberthe staterules law;of the commission.

(5)u any[ denialD. of application for licensure and the reasons for the denial;

(6)The records and information provided to a member .231600.3 - 33 - SJC/SB 105 state pursuant to this compact or through the presencedata ofsystem, currentwhen significantcertified investigativeby information;the commission or an agent thereof, shall constitute the authenticated business records of the commission.

andE. (7) other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.

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

TheIt recordsis andthe informationresponsibility providedof tothe a member statestates pursuant to thisreport compactany oradverse throughaction theagainst dataa system,licensee whenand certifiedto bymonitor the commissiondatabase or an agent thereof, shall e t 17 constitute the authenticated business records of the commission w l n d 18 and shall be entitled to anydetermine associatedwhether hearsayadverse exceptionaction inhas =been =taken 19against a llicensee. any relevant judicial, quasi-judicial or administrative i a e r 20 proceedings in a member state.

a t m m 21 E.

Current significant investigative information d r e 22 pertaining to a licensee in any member state will only be c e s k 23 available to other member states.

It is the responsibility of e a n b 24 the member states to report any adverse action against a u [ licensee and to monitor the database to determine whether .228862.1 - 35 - adverse action has been taken against a licensee.

e t 17 G.

Any information submitted to the data system w l n d 18 that is subsequently expunged pursuant to federal law or the = = 19 laws of the member state contributing the information shall be a l i a e r 20 removed from the data system.

a t m m 21 SECTION 13.12.

[NEW MATERIAL] RULEMAKING.-- d r e 22 A.

The commission shall promulgate reasonable rules c e s k 23 in order to effectively and efficiently implement and e a n b 24 administer the purposes and provisions of the this compact.

A u [ rule shall be invalid and have no force or effect only if a e.231600.3 t- 1734 - SJC/SB 105 court of competent jurisdiction holds that the rule is invalid w l n d 18 because the commission exercised its rulemaking authority in a = = 19 a l manner that is beyond the scope and purposes of this compact, i a e r 20 or the powers granted hereunder, or based upon another a t m m 21 applicable standard of review.

d r e 22 B.

TheWhere the rules of the commission shallconflict havewith the forcelaws cof ethe smember kstate 23that establish the member state's laws, regulations and applicable standards that govern the practice of lawsocial work as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in eachthat memberstate state;to the extent of the conflict.

provided that where the rules of e a n b 24 the commission conflict with the laws of the member state that u [ establish the member state's laws, regulations and applicable .228862.1 - 36 - standards that govern the practice of social work as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the conflict.

e t 17 D.

If a majority of the legislatures of member w l n d 18 states rejects a rule or portion of a rule by enactment of a = = 19 statute or resolution in the same manner used to adopt this a l i a e r 20 compact within four years of the date of adoption of the rule, a t m m 21 then the rule shall have no further force or effect in any d r e 22 member state.

c e s k 23 E.

Rules shall be adopted at a regular or special e ta 17n b 24 meeting of the commission.

wu l[ n d 18 F.

Prior to adoption of a proposed rule, the =.231600.3 =- 1935 a- lSJC/SB 105 commission shall hold a public hearing and allow persons to i a e r 20 provide oral and written comments, data, facts, opinions and a t m m 21 arguments.

d r e 22 G.

Prior to adoption of a proposed rule, and at c e s k 23 least thirty days in advance of the meeting at which the e a n b 24 commission will hold a public hearing on the proposed rule, the u [ commission shall provide a notice of proposed rulemaking:

.228862.1 - 37 - (1) on the commission's website or on another publicly accessible platform;

(1) the time, date and location of the public hearing at which the commission will hear public comments on e t 17 the proposed rule and, if different, the time, date and w l n d 18 location of the meeting where the commission will consider and = = 19 vote on the proposed rule;

a l i a e r 20 (2) if the hearing is held via a t m m 21 telecommunication, video conference or other electronic means, d r e 22 the commission shall include the mechanism for access to the c e s k 23 hearing in the notice of proposed rulemaking;

e ta 17n b 24 (3) the text of the proposed rule and the wu l[ n d 18 reason therefor;

=.231600.3 =- 1936 a- lSJC/SB 105 (4) a request for comments on the proposed i a e r 20 rule from any interested person;

and a t m m 21 (5) the manner in which interested persons may d r e 22 submit written comments.

c e s k 23 I.

A copy of the e a n b 24 recording and all written comments and documents received by u [ the commission in response to the proposed rule shall be .228862.1 - 38 - available to the public.

e t 17 (1) may adopt changes to the proposed rule;

w l n d 18 provided that the changes do not enlarge the original purpose = = 19 of the proposed rule;

a l i a e r 20 (2) shall provide an explanation of the a t m m 21 reasons for substantive changes made to the proposed rule as d r e 22 well as reasons for substantive changes not made that were c e s k 23 recommended by commenters;

and e ta 17n b 24 (3) shall determine a reasonable effective wu l[ n d 18 date for the rule.

Except for an emergency as provided in =.231600.3 =- 1937 a- lSJC/SB 105 Subsection L of this section, the effective date of the rule i a e r 20 shall be no sooner than thirty days after issuing the notice a t m m 21 that the commission adopted or amended the rule.

d r e 22 L.

Upon determination that an emergency exists, the c e s k 23 commission may consider and adopt an emergency rule with forty- e a n b 24 eight-hours' notice, with opportunity to comment;

provided that u [ the usual rulemaking procedures provided in this compact and in .228862.1 - 39 - this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule.

e t 17 (3) meet a deadline for the promulgation of a w l n d 18 rule that is established by federal law or rule;

or = = 19 (4) protect public health and safety.

a l i a e r 20 M.

The commission or an authorized committee of the a t m m 21 commission may direct revisions to a previously adopted rule d r e 22 for purposes of correcting typographical errors, errors in c e s k 23 format, errors in consistency or grammatical errors.

Public e ta 17n b 24 notice of any revisions shall be posted on the commission's wu l[ n d 18 website.

The revision shall be subject to challenge by any =.231600.3 =- 1938 a- lSJC/SB 105 person for a period of thirty days after posting.

The revision i a e r 20 may be challenged only on grounds that the revision results in a t m m 21 a material change to a rule.

A challenge shall be made in d r e 22 writing and delivered to the commission prior to the end of the c e s k 23 notice period.

If no challenge is made, the revision shall e a n b 24 take effect without further action.

If the revision is u [ challenged, the revision shall not take effect without the .228862.1 - 40 - approval of the commission.

SECTION 14.13.

e t 17 B.

Except as otherwiseto providedjudicial inproceedings for the w l n d 18 enforcement of this compact,compact venueamong ismember properstates, andindividuals = = 19 may pursue judicial proceedings byrelated orto againstthis thecompact commissionin shallany bea broughtl solelyi anda exclusivelye inr a20 state or federal court ofin competentthis jurisdictionstate wherethat thewould principalotherwise officehave ofa thet commissionm ism located.21 competent jurisdiction.

The commission may waive venue and d r e 22 jurisdictional defenses to the extent that it adopts or c e s k 23 consents to participate in an alternative dispute resolution e ta 17n b 24 proceeding.

Nothing in this section shall affect or limit the wu l[ n d 18 selection or propriety of venue in any action against a =.231600.3 =- 1939 a- lSJC/SB 105 licensee for professional malpractice, misconduct or any i a e r 20 similar matter.

a t m m 21 C.

The commission shall be entitled to receive d r e 22 service of process in any proceeding regarding the enforcement c e s k 23 or interpretation of the compact and shall have standing to e a n b 24 intervene in the proceeding for all purposes.

Failure to u [ provide the commission service of process shall render a .228862.1 - 41 - judgement or order void as to the commission, this compact or promulgated rules.

The notice of default shall describe the default, the proposed means of curing the default and any other action that the commission may take and shall offer training and specific e t 17 technical assistance regarding the default.

The commission w l n d 18 shall provide a copy of the notice of default to the other = = 19 member states.

a l i a e r 20 E.

If a member state in default fails to cure the a t m m 21 default, the defaulting state may be terminated from the d r e 22 compact upon an affirmative vote of a majority of the delegates c e s k 23 of the member states, and all rights, privileges and benefits e ta 17n b 24 conferred on that state by this compact may be terminated on wu l[ n d 18 the effective date of termination.

A cure of the default does =.231600.3 =- 1940 a- lSJC/SB 105 not relieve the offending state of obligations or liabilities i a e r 20 incurred during the period of default.

a t m m 21 F.

Termination of membership in this compact shall d r e 22 be imposed only after all other means of securing compliance c e s k 23 have been exhausted.

Notice of intent to suspend or terminate e a n b 24 shall be given by the commission to the governor, the majority u [ and minority floor leaders of the defaulting state's .228862.1 - 42 - legislature, the defaulting state's licensing authority and each of the member states' licensing authority.

Upon the termination of a state's membership from this compact, that state shall immediately provide notice e t 17 to all licensees within that state of the termination.

The w l n d 18 terminated state shall continue to recognize all licenses = = 19 granted pursuant to this compact for a minimum of six months a l i a e r 20 after the date of termination.

a t m m 21 I.

The commission shall not bear any costs related d r e 22 to a state that is found to be in default or that has been c e s k 23 terminated from the compact, unless agreed upon in writing e ta 17n b 24 between the commission and the defaulting state.

wu l[ n d 18 J.

A defaulting member state may appeal an action =.231600.3 =- 1941 a- lSJC/SB 105 of the commission by petitioning the United States district i a e r 20 court for the District of Columbia or the federal district a t m m 21 where the commission has its principal offices.offices or state or federal court of New Mexico.

TheK. prevailing d r e 22 party shall be awarded all costs of the litigation, including c e s k 23 reasonable attorney fees.

eUpon request by a nmember bstate, 24the K.commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.

Upon request by a member state, the commission u [ shall attempt to resolve disputes related to the compact that .228862.1 - 43 - arise among member states and between member and non-member states.

The e t 17 relief sought may include both injunctive relief and damages.

w l n d 18 The remedies herein shall not be the exclusive remedies of the = = 19 commission.

The commission may pursue any other remedies a l i a e r 20 available under federal or the defaulting member state's law.

a t m m 21 M.

A member state may initiate legal action against d r e 22 the commission in the United States district court for the c e s k 23 District of Columbia or the federal district where the e a n b 24 commission has its principal offices or a state or federal u [ court of New Mexico to enforce compliance with the provisions .231600.3 - 42 - SJC/SB 105 of this compact and the commission's promulgated rules.

In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorney fees.

The remedies herein shall not be the exclusive remedies of the commission.

The commission may pursue any other remedies available under federal or the e t 17 defaulting member state's law.

w l n d 18 M.

A member state may initiate legal action against = = 19 a l the commission in the United States district court for the i a e r 20 District of Columbia or the federal district where the a t m m 21 commission has its principal offices to enforce compliance with d r e 22 the provisions of this compact and the commission's promulgated c e s k 23 rules.

The relief sought may include both injunctive relief e a n b 24 and damages.

In the event judicial enforcement is necessary, u [ the prevailing party shall be awarded all costs of the .228862.1 - 44 - litigation, including reasonable attorney fees.

SECTION 15.14.

A charter member state whose enactment is found to be materially different from the model compact statute shall e t 17 be entitled to the default process set forth in Section 14 of ew tl 17n d 18 the Social Work Licensure Interstate Compact.

If a member w= l= n19 d 18 state is later found to be in default, or is terminated or =a =l 19i a le r 20 withdraws from the compact, the commission shall remain in i a et rm 20m 21 existence, and the compact shall remain in effect even if the ad tr me m22 21 number of member states is less than seven.

dc r e 22s k 23 D.

Member states enacting this compact subsequent c e sa kn 23b 24 to the seven initial charter member state shall be subject to eu a[ n b 24 the process set forth in Paragraph (21) of Subsection C of u.231600.3 [- 43 - SJC/SB 105 Section 1110 of the Social Work Licensure Interstate Compact to .228862.1 - 45 - determine if the enactments are materially different from the model compact statute and whether the states qualify for participation in this compact.

Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in e t 17 that state.

ew tl 17n d 18 G.

Any member state may withdraw from this compact w= l= n19 d 18 by enacting a statute repealing the compact statute.

A member =a =l 19i a le r 20 state's withdrawal shall not take effect until one hundred i a et rm 20m 21 eighty days after enactment of the repealing statute.

ad tr me m22 21 H.

Withdrawal shall not affect the continuing dc r e 22s k 23 requirement of the withdrawing state's licensing authority to c e sa kn 23b 24 comply with the investigative and adverse action reporting eu a[ n b 24 requirements of this compact prior to the effective date of u.231600.3 [- 44 - SJC/SB 105 withdrawal.

.228862.1 - 46 - I.

No amendment to this compact shall become effective and binding upon any member state until it is enacted into the e t 17 laws of all member states.

ew tl 17n d 18 SECTION 16.15.

[NEW MATERIAL] CONSTRUCTION AND w= l= n19 d 18 SEVERABILITY.-- =a =l 19i a le r 20 A.

This compact and the commission's rulemaking i a et rm 20m 21 authority shall be liberally construed so as to effectuate the ad tr me m22 21 purposes, implementation and administration of this compact.

dc r e 22s k 23 Provisions of this compact expressly authorizing or requiring c e sa kn 23b 24 the promulgation of rules shall not be construed to limit the eu a[ n b 24 commission's rulemaking authority solely for those purposes.

u.231600.3 [- 45 - SJC/SB 105 B.

The provisions of this compact shall be .228862.1 - 47 - severable, and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact or the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected.

Notwithstanding Subsection B of this section, the commission may deny a state's participation in the compact or, in accordance with the requirements of Section 1413 of the Social Work Licensure Interstate Compact, terminate a member state's participation in the compact if the commission determines that a constitutional requirement of a member state e t 17 is a material departure from the compact.

Otherwise, if this ew tl 17n d 18 compact shall be held to be contrary to the constitution of any w= l= n19 d 18 member state, the compact shall remain in full force and effect =a =l 19i a le r 20 as to the remaining member states and in full force and effect i a et rm 20m 21 as to the member state affected as to all severable matters.

ad tr me m22 21 SECTION 17.16.

[NEW MATERIAL] CONSISTENT EFFECT AND CONFLICT dc r e 22s k 23 WITH OTHER STATE LAWS.-- c e sa kn 23b 24 A.

A licensee providing services in a remote state eu a[ n b 24 under a multistate authorization to practice shall adhere to u.231600.3 [- 46 - SJC/SB 105 the laws and regulations, including laws, regulations and .228862.1 - 48 - applicable standards, of the remote state where a client is located at the time care is rendered.

-SECTION 4917. - 15 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .228862.1

Section 61-31-6 NMSA 1978 (being Laws 1989, Chapter 51, Section 6, as amended) is amended to read:

"61-31-6.

SCOPE OF PRACTICE.-- e t 17 A.

For the purposes of the Social Work Practice w l n d 18 Act, a person is practicing social work if [he] the person = = 19 advertises, offers [himself] to practice, is employed in a a l i a e r 20 position described as social work or holds out to the public or a t m m 21 represents in any manner that [he] the person is licensed to d r e 22 practice social work in this state.

c e s k 23 B.

Social work practice means a professional e a n b 24 service and emphasizes the use of specialized knowledge of u [ social resources, social systems, [and] human capabilities and .231600.3 - 47 - SJC/SB 105 New Mexico cultures to effect change in human behavior, emotional responses and social conditions.

Services may be rendered through direct assistance to individuals, couples, families, groups and community organizations.

Social work practice focuses on both direct and indirect services to facilitate change on the intrapersonal, interpersonal and systemic levels.

Areas of specialization that address these include [but are not limited to] the following:

(1) clinical social work practice, which is the professional application of social work theory and methods in the diagnosis, treatment and prevention of psychosocial dysfunction, disability or impairment, including [but not limited to] emotional and mental disorders.

It is based on knowledge of one or more theories of human development within a psychosocial context.

Clinical social work includes interventions directed to interpersonal interactions, e t 17 intrapsychic dynamics or life support and management issues.

w l n d 18 Clinical social work services consist of assessment, diagnosis = = 19 and treatment, including psychotherapy and counseling, client- a l i a e r 20 centered advocacy, consultation and evaluation;

a t m m 21 (2) social work research practice, which is d r e 22 the professional study of human capabilities and practice of c e s k 23 social work specialties, including direct and indirect e a n b 24 practice, through the formal organization and the methodology u [ of data collection and the analysis and evaluation of social .231600.3 - 48 - SJC/SB 105 work data;

(3) social work community organization, planning and development practice, which is a conscious process of social interaction and method of social work concerned with the meeting of broad needs and bringing about and maintaining adjustment between needs and resources in a community or other areas;

helping people to deal more effectively with their problems and objectives by helping them develop, strengthen and maintain qualities of participation, self-direction and cooperation;

and bringing about changes in community and group relationships and in the distribution of decision-making power.

The community is the primary client in community organizations.

The community may be an organization, neighborhood, city, county, state or national entity;

(4) social work administration, which is the practice that is concerned primarily with translating laws, e t 17 technical knowledge and administrative rulings into w l n d 18 organizational goals and operational policies to guide = = 19 organizational behavior;

designing organizational structure and a l i a e r 20 procedures or processes through which social work goals can be a t m m 21 achieved;

and securing resources in the form of material, d r e 22 staff, clients and societal legitimation necessary for goal c e s k 23 attainment and organizational survival;

and e a n b 24 (5) university social work faculty, which u [ provides an equal quality of social work education in .231600.3 - 49 - SJC/SB 105 identified areas of content;

prepares graduates to practice in a range of geographic areas with diverse populations;

and establishes the foundation for practitioners' professional futures, exposing them to the best of current knowledge and developing in them the ability to continue questioning and learning, as well as an awareness of their responsibility to continue this professional development." SECTION 18.

Section 61-31-8 NMSA 1978 (being Laws 1989, Chapter 51, Section 8, as amended) is amended to read:

"61-31-8.

BOARD'S AUTHORITY.--In addition to any authority provided by law, the board shall have the authority to:

A.

adopt and file, in accordance with the State Rules Act, rules necessary to carry out the provisions of the Social Work Practice Act, in accordance with the provisions of the Uniform Licensing Act, including the procedures for an e t 17 appeal of an examination failure;

w l n d 18 B.

select, prepare and administer, at least = = 19 annually, examinations for licensure;

a l i a e r 20 C.

adopt a current professional code of ethics or a t m m 21 professional standards promulgated by a national organization d r e 22 of social work professionals that provides guidance, research, c e s k 23 advocacy and other services to social workers;

e a n b 24 D.

appoint advisory committees pursuant to Section u [ 61-31-19 NMSA 1978;

.231600.3 - 50 - SJC/SB 105 E.

conduct hearings on an appeal of a denial of a license based on the applicant's failure to meet the minimum qualifications for licensure.

The hearing shall be conducted pursuant to the Uniform Licensing Act;

F.

require and establish criteria for continuing education;

G.

issue subpoenas, statements of charges, statements of intent to deny licenses and orders and delegate in writing to a designee the authority to issue subpoenas, statements of charges and statements of intent to deny licenses and establish procedures for receiving, investigating and conducting hearings on complaints;

H.

request that an individual who is violating the Social Work Practice Act:

(1) voluntarily stop violating the Social Work Practice Act;

and e t 17 (2) meet with the board.

If the board's w l n d 18 requests to an individual pursuant to this subsection are = = 19 unsuccessful or in a situation that the board deems to be an a l i a e r 20 emergency, the board may apply for an injunction in district a t m m 21 court to enjoin any person from committing any act prohibited d r e 22 by the Social Work Practice Act;

c e s k 23 I.

develop criteria to approve appropriate e a n b 24 supervision for a person seeking licensure as a licensed u [ independent social worker or a licensed clinical social worker .231600.3 - 51 - SJC/SB 105 based upon the prospective supervisor's:

(1) education;

(2) experience;

and (3) level of training;

J.

issue provisional licenses, temporary licenses and licenses based on credentials to persons meeting the requirements set forth in the Social Work Practice Act;

K.

determine qualifications for licensure, including the requirement to demonstrate an awareness and knowledge of New Mexico cultures;

L.

set fees for licenses as authorized by the Social Work Practice Act and authorize all disbursements necessary to carry out the provisions of the Social Work Practice Act;

M.

keep a record and provide notice of all proceedings in accordance with the Open Meetings Act and shall e t 17 make an annual report to the governor;

[and] w l n d 18 N.

determine the appropriate application of = = 19 technology to social work practice, including video a l i a e r 20 teleconferencing, for appropriate supervision and client a t m m 21 contact;

d r e 22 O.

prescribe the procedures, forms and manner of c e s k 23 submitting an applicant's full set of fingerprints for state e a n b 24 and federal criminal history background reports that the board u [ uses to evaluate the applicant's qualification for licensure;

.231600.3 - 52 - SJC/SB 105 and P.

require an applicant, as a condition of eligibility for initial licensure, to submit a full set of fingerprints to the department of public safety to obtain state and national criminal history record information on the applicant.

State and national criminal history record reports are confidential and not public records.

The board shall not disseminate criminal history record information across state lines." - 53 - 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .231600.3