SB 208 — Interstate Compact -Social Work Examiners

(16) MEMBER STATtSTATE. .

A state, commonwealth.commonwealth, district, or territory of the United States of America that has enacted this compact.

district.

or territory of the United Scares of America that has enacted this compact.

A legally authorized privilege to practice, which is equivalent to a license, associated with a multistate license permitting rhethe practice of social work in a remote state.

(IS)(18) MULTISTATE uICiiNSE.LICENSE.

A license to practice as a regulated social worker issued by a home state licensing authority that authorizes the regulated social worker to practice in ailall member states under a muitistatemultistate authorization to practicepractice. .

Any clinical, mastermaster's, ’s , or bachelorbachelor's ’s social worker licensed bvby a member state regardless of the title used by that member state.

(21) REMOTE STATbSTATE. .

A rule or rules adopted by this commission.commission, as authorized by this compact, that has the force of law.

as(23) authorizedSINGLE-STATE byLICENSE. this compact, that has the force of law.

(23) SiNGLE-STAT h LICENSE.

The application of social work theory.theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities through the care and services provided by a regulated social worker as set forth in the member state's statutes and rules in the state where the services are being provided.

knowledge, .Tiethods,ethics.

and the professional use of seif to restore or enhance social, psychosocial , or biopsychosocial functioning of individuals.

couples, families, groups, organizations, and communities through the care and services provided by a regulated social worker as set forth in the member state's statutes and rules in the state where the services are being provided.

Any state.state, commonwealth, district, or territory of the United States of America that regulates the practice of social work.

commonwealth , district.

or territory of the United States of A.merica that regulates the practice of social work.

A license that authorizes a regulated social worker to engage i.nin the full and unrestricted practice of social work.

(1) License and regulate the practice of social work at either the clinical.clinical, master's, or bachelor's category.

master's,(2) orRequire bachelor'sapplicants category.for licensing to graduate from a program that is:

(2) Require applicants for licensing to graduate fro.m a program that is:

Accredited, or in candidacy by an institution that subsequently becomes accredited.accredited, by an accrediting agency recognized by either the Council for Higher Education Page 6 SB208 Enrolled Accreditation, or its successor, or the United States Department of Education, and corresponds to the licensing sought as outlined in Section 34-30-103.

by an accrediting agency recognized by either the Council for Higher Education Page 6 SB208 E nrolled Accreditation, or its successor.

or the United States Department of Education, and corresponds to the licensing sought as outlined in Section 34-30-103.

(2) Participate fully in this compact commission's data 3ystern.includingsystem, including using the commission's unique identifier as defined in rules.

(3) Notify the commission, in compliance with the terms of this compact and rules.rules, of any adverse action or the availability of current significant investigative information regarding a licensee.

of(4) anvImplement adverseprocedures actionfor orconsidering the availabilitycriminal history records of currentapplicants significantfor investigativea information.mulistate license.

regardingThese aprocedures licensee.shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records.

(4)(5) ImplementComply procedureswith for considering the crim.inalrules history records of applicantsthe forcommission. a mulistate license.

ThesePage procedures7 shallSB208 includeEnrolled the(6) submissionRequire ofan fingerprintsapplicant orto otherobtain biometric-basedor informationretain bya applicantslicense forin the purposehome ofstate obtainingand anmeet applicant'sthe criminalhome historystate's recordqualifications informationfor fromlicensing theor Federalrenewal Bureauof olicensing, fas Investigationwell andas theall agencyother responsibleapplicable forhome retainingstate thatlaws. state'3 criminal records .

(o)(7) ComplyAuthorize a licensee holding a multistate license in any member state to practice in accordance with the terms of this compact and rules of the commission.

Page(8) 7Designate SB208a Enrolleddelegate (6)to Requireparticipate an applicant co obtain or retain a license in thecommission homemeetings. State and meet che home state's qualifications for licensing or renewal of licensing.

as(c) wellA asmember allstate othermeeting applicablethe homerequirements stateof laws.subsections (a) and (b) shall designate the categories of social work licensing that are eligible for issuance of a multistate license for applicants in member states.

(7)To Authorizethe aextent licenseethat holdingany amember multiscatestate licensedoes not meet the requirements for participation in this compact in any particular category of social work licensing, the member state may choose, but is not obligated, to practiceissue ina accordancemultistate withlicense to applicants who otherwise meet the termsrequirements of ChisSection compact34-30-103 andfor rulesissuance of thea commission.multistate license in those categories of licensing.

(3)(d) DesignateMember astates delegatemay tocharge participatea infee commissionfor meetingsgranting .a multistate license.

(c)A.

member state meeting the requiremencs of subsections (a) and (b) shall designate the categories of social work licensing that are eligible for issuance of a multistate license for applicants in member states.

To che extent chat any member state does not msec the requiremencs for participation in chis compact in any particular category of social work licensing, the member state may choose, buc is not obligated.

to issue a multistate license co applicants who otherwise meet the requirements of Section 34-30-103 for issuance of a multistate license in those categories of licensing .

(d) Member states may charge a fee for grancing a multistate license.

Social Worker ParcicipationParticipation in chisthis compactcompact. .

(a) To be eligible for a multistate license under the terms and provisions of this compact.compact, an applicant, regardless of category must do all of the following:

an applicant, regardless of category muse do all of che following:

(2) Pay any applicable fees, inducingincluding any state feefee, for the mulcistatemultistate license.

(4)Notify(4) Notify the home state of any adverse action.action, encumbrance, or restriction on any professional license taken by any member state or non-member state within 30 days from the date the action is taken.

encumbrance , or restriction on any professional license taken by any member state or non-member state within 30 days from the date the action is taken.

{6}(6) Abide by the laws, rules, and applicable standards in the member state where the client is located at the time care is rendered.

Licensing of the applicant in his or her home state in the clinical category, beginning prior to the time a qualifying national exam was required by the home state and accompanied by a period of continuous social work licensing thereafter, all of which may be further governed by the rules Page 9 SB208 EEnrolled nrolledof or the commission.

The substantial equivalency of the foregoing competency requirements which the commission may determine by rulerule. .

(2)Attain(2) Attain at least a mastermaster's ’s degree in social work from a program that is both of the following:

aa. .Operated by a college or university recognized by the licensing authority.

bOperated .Accredited, or in candidacy that subsequently becomes accredited, by ana accreditingcollege agencyor university recognized by eitherthe :licensing authority.

b.

Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:

A period orof postgraduate supervised clinical practice equal to a minimum of 3,000 hours.

Passage of a master's-category qualifying national Page 10 SB208 Enrolled examexam. .

licsnsinglicensing of the applicant in his or her home state in the master's category, beginning prior to the rimetime a qualifying national exam was required by the home state in rhethe master's category and accompanied by a continuous period of social work licensing, all of which may be further governed by the rules of the commission.

0Qc. G c .

The substantial equivalency of the foregoing competency requirements which the commission may decerminedetermine by­by rule.

(2) Attain at least a mastermaster's ’s degree in social work from a program chatthat is both of the following:

Accredited, or in candidacy that subsequently becomes accredited, by an accredicingaccrediting agency recognized by eithereither: :

(i) the Council for Higher educationEducation Accreditation, or its successor.successor, or (ii) the United States Department of Education.

or(d) (ii)An cheapplicant Unitedfor Statesa Departmentbachelor's-category multistate license must meet all of Education.the following requirements:

(d) An applicant for a bachelor s-category multiscace license must meet all of the following requiremencs :

Passage of a bachelorbachelor's-category 's-category qualifying national exam.

Licensing of the applicant,applicant in his or her home state in the bachelor's category, beginning prior to the time a Page 11 SB208 Enrolled qualifying national exam was required by the home state and accompanied by a period of continuous social work licensing, all of which may be further governed by the rules of rhethe commissioncommission. .

cc. .

(2}Attain(2) Attain at least a bachelor's degree in social work from a program that is both of the following:

Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by eithereither: :

or (ii) the unitedUnited States Department of Education.

A remote state.state, in accordance with due process and that member state's laws, may remove a regulated social worker's multistate authorization to practice in the remote state for a specific period of time, impose fines, and take any other Page 12 SB208 Enrolled necessary actions to protect the health and safety of its residents.

in(g) accordanceIf witha duemultistate processlicense andis thatencumbered, memberthe state's laws , .mayremove a regulated social worker's multistate authorization to practice shall be deactivated in theall remote statestates foruntil athe specificmultistate periodlicense ofis time.no longer encumbered.

impose(h) fines,If anda takemultistate anyauthorization otherto Pagepractice 12is SB208encumbered Enrolledin necessarya actionsremote state, the regulated social worker's multistate authorization to protectpractice may be deactivated in that state until the healthmultistate andauthorization safetyto ofpractice itsis residentsno .longer encumbered.

(g) If a multistate license is encumbered, the regulated social worker's multistate authorization to practice shall be deactivated in all remote states until the mulcistate license is no longer encumbered.

(h) If a multistage authorization to practice is encumbered in a remote state.

the regulated social worker ’s multistate authorization co practice may be deactivated in that state until the multisrate authorization to practice is no longer encumbered.

Issuance of a MuitistateMultistate License.

(a) Upon receipt of an application for a multistate license, the home state licensing authority shall determine the applicant's eligibility for a multistate license in­in accordance with Section 34-30-103.

(b) I'ftheIf applicant:the applicant is eligible pursuant to Section 34-30-103, the home state licensing authority shall issue a multistate license that authorizes the applicant or regulated social worker to practice in all member states under a multistate authorization to practice.

is(c) eligibleUpon pursuantissuance toof Sectiona 34-30-103,multistate license, the home state licensing authority shall issuedesignate awhether 3no multistate license that authorizes the applicant or regulated social worker toholds practicea multistate license in allthe memberbachelor's, statesmaster's, underor aclinical multistatecategory authorizationof tosocial practice.work.

JOC(d) (c)A uponmultistate issuancelicense ofissued by a home state to a resident in that state shall be recognized by all compact member states as authorizing social work practice under a Page 13 SB208 Enrolled multistate license.authorization to practice corresponding to each category of licensing regulated in each member state.

the home state licensing authority shall designate whether the regulated social worker holds a multistate license in the bachelor's, .master's.

or clinical category of social work.

(d) A multistate license issued by a home state to a resident in that state shall be recognized by ail compact .memberstates as authorizing social work practice under a Page 13 SB208 Enrolled muitistate authorization to practice corresponding to each category of licensing regulated in each member state.

Authority of the Commission and Mem.berMember State Licensing Authorities.

(a) Nothing in this compact, nor any rule of the commission, shall be construed to limit.limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws or rules related to the practice of social work in that state, where those laws or rules are not inconsistent with this compact.

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

or(c) Nothing in anythis waycompact, reducenor theany abilityrule of athe membercommission, stateshall tobe enactconstrued andto enforcelimit, lawsrestrict, or rulesin relatedany toway reduce the practiceability of sociala workmember instate thatto state,take whereadverse thoseaction lawsagainst ora ruleslicensee's aresingle notstate inconsistentlicense withto thispractice compact.social work in that state.

(b)(d) Nothing i.nthisin compactthis shallcompact, affectnor any rule of the requirementscommission, establishedshall bybe aconstrued memberto statelimit, forrestrict, or in any way reduce the issuanceability of a singleremote state license.to take adverse action against a licensee's multistate authorization to practice in that state.

(c)(e) Nothing in this compact.compact, nor any rule of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a licensee's home state to take adverse action against a licensee's multistate license based upon information provided by a remote state.

norPage any14 ruleSB208 ofEnrolled the§34-30-106. commission , shall be construed to limit, restrict, or in any way reduce the ability of a member state to take adverse action against a licensee ’s single state license to practice social work in that state.

(d)Reissuance Nothingof i.nthisa compact,Multistate norLicense anyBy rulea ofNew theHome commission.State.

shall(a) beA construedlicensee tomay limit,hold restrict.a home state license, issued by his or her home state, in only one member state at a time.

or in any way reduce the ability of a remote state to take adverse action against a licensee's multistate authorization to practice in that state.

(e) Nothing in this compact, nor anv rule of the commission, shall be construed to limit, restrict.

or i.nan V way reduce the ability of a licensee's home state to take adverse action against a licensee's muitistate license based upon information provided by a remote state.

Page 14 SB208 E nrolled ^34-30-106.

Reissuance of a Muioistate License 3y a New Z4omeState.

(a) k licensee -nayhold a home state license, issued bv his or her home state, in onlv one me.mber state at a rime.

(1) The licensee shall immediately apply for chethe reissuance of his or her multiscatemultistate license in his or her new home state.

The licensee shall pay all applicable fees and notify the prior home state in accordance with rhethe rules of the commission.

(2) Upon receipt of an application coto reissue a multistate license, the new home state shall verify that the mulcistatemultistate license is active.active, unencumbered, and eligible for reissuance under the terms of this compact and the rules of the commission.

unencumbered,The andmultistate eligiblelicense forissued reissuanceby under the termsprior ofhome thisstate compactshall be deactivated and all member states notified in accordance with the applicable rules ofadopted by the commission.

The(3) multistatePrior licenseto issued by the priorreissuance homeof statethe shallmultistate belicense, deactivatedthe andnew ailhome memberstate statesshall notifiedconduct inprocedures accordancefor withconsidering the applicablecriminal ruleshistory adoptedrecords byof the commissionlicensee. .

(3)The Priorprocedures toshall include the reissuancesubmission of chefingerprints muitiscateor license.other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records.

(4) If required for initial licensing, the new home statePage shall15 conductSB208 proceduresEnrolled forstate consideringmay therequire criminalcompletion historyof recordsjurisprudence ofrequirements in the licensee.new home state.

The(5) proceduresNotwithstanding shallany includeother theprovision submission of fingerprintsthis orcompact, ocherif biometric-baseda informationlicensee bydoes applicancsnot meet the requirements set forth in this compact for the purposereissuance of obtaininga anmultistate applicantlicense ’sby criminalthe historynew recordhome informationstate, fromthen chethe Federallicensee Bureaushall ofbe Investigationsubject andto the agencynew responsiblehome state requirements for retainingthe thatissuance stateof ’sa criminalsingle-state records.license in that state.

(4)(c) If requireda licensee changes his or her primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, then the licensee shall be subject to the state requirements for initialthe licensing.issuance of a single-state license in the new home state.

che new home Page 15 SB208 E nrolled state may require completion of jurisprudence requirements in the new home state.

{5} Notwithstanding any other provision of this compact , if a licensee does not .meet the requirements set forth in this compact for ths reissuance of a multistate license by the new home state, then the licensee shall be subject to the new home state requirements for the issuance of a single-state license in that state.

(c) if a licensee changes his or her primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state.

then the licensee shall be subject to the state requirements for the issuance of a single-state license in the new home state.

however, for the purposes of this compact, a licensee shall have only one home state and only one multistate licenselicense. .

The individual mavmay retain his or her home state designation during the period the service member is on active duty.

§34-30-103.§34-30-108.

Page 16 SB208 EEnrolled nrolled •449 (a) In addition to the other powers conferred by state law, a remote state.state, in accordance with existing state due process law, may:

in(1) accordanceTake withadverse existingaction stateagainst duea processregulated law.social worker's multistate authorization to practice only within that member state, and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.

may :

(1) Take adverse action against a regulated social worker ’s multistate authorization to practice only within that member state, and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.

The issuing licensing authority shall pay any witness fees, travel .expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

expenses(2) ,Only mileage,the andhome otherstate feesshall requiredhave by the servicepower statutesto oftake theadverse stateaction inagainst whicha theregulated witnessessocial orworker's evidencemultistate arelicense. located .

(2) Only the home state shall have the power to take adverse action against a regulated social worker's multistate license .

In scso doing, the home state shall apply its own state laws to determine appropriate action.

(e)A(e) A member state may take adverse actioinaction based on.on the factual findings of another member state, provided that the member state follows its own procedures for taking the adverse action.

the factual findings of another member state, provided that the member state follows its own procedures for taking the adverse action .

(1) In addition to the authority granted to a member starestate by its respective social worker practice act or other applicable state law.law, any member state may participate with other member states in joint investigations of licensees.

any(2) memberMember statestates mayshall participateshare withany otherinvestigative, memberlitigation, statesor compliance materials in furtherance of any joint investigationsinvestigation ofinitiated licensees.under this compact.

(2)(g) MemberIf adverse action is taken by the home state against the multistate license of a regulated social worker, the regulated social worker's multistate authorization to practice in all other member states shall sharebe anydeactivated investigative.until all encumbrances have been removed from the multistate license.

litigation,All orhome compliancestate .materialsdisciplinary orders that impose Page 18 SB208 Enrolled adverse action against the license of a regulated social worker shall include a statement that the regulated social worker's multistate authorization to practice is deactivated in furtheranceall member states until all conditions of anythe jointdecison, investigationorder, initiatedor underagreement thisare compact.satisfied.

(g) If adverse action is taken by the home state against the mulristate license of a regulated social worker.

the regulated social worker's multistate authorization to practice in all other member states shall be deactivated until all encumbrances have been removed from the multistate license.

All home state disciplinary orders that impose Page IS SB208 Enrolled adverse action against the license of a regulated social worker shall include a statement chat the regulated social worker ’s multistate authorization to practice is deactivated in all member states until all conditions of the decison.

order, or agreement are satisfied.

The administrator of the data system shall promptly notify the home state and ailall other member states of anvany adverse actions by remote states.

(j) Nothing in this compact shall authorize a member Statestate to demand the issuance of subpoenas for attendance and testimony of witnesses or the production of evidence from another member state for lawful actions within charthat member state.

^34-30-109.§34-30-109.

The Page 19 SB208 EEnrolled nrolled commission is an instrumentality of this compacrcompact states acting jointly and not an instrumentality of anvany one scare.state.

The compact commissioxncommission shall come into existence on or after the effective date of this compact as set forchforth in Section 34-30-113.

(2) The delegate shall be a current member of the licensing authority arat rhethe rimetime of appointment, who is a regulated social worker, public member of the licensing authoriry.authority, or an administrator of the licensing authority, or his or her designee.

(3) The commission shall by rule or anbylaw administratorestablish a term of theoffice licensingfor authority.delegates and may by rule or bylaw establish term limits.

or his or her designee.

(3) The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limirs.

(5) A member state's licensing authority shall fill any vacancy of its delegate occurring on rhethe commission within 60 days of the vacancy.

(6) Each delegate shall be entitled to one vote on ailall matters before rhethe commission requiring a vote by commission delegatesdelegates. .

The bylaws may provide for delegates to meet and vote by telecommunication, video conference, or other means of communicarioncommunication. .

Page 20 SB208 Enrolled (S)(8) The compact commission shall meet at least op.ceonce during each calendar year.

The compact commission may meet by telecommunicationtelecommunication, , video conference.conference, or other similar electronic means.

or other similar electronic means.

(1) Establish the fiscal year of the commission.

(1) (2) Establish code of conduct and conflict of interest policiespolicies. .

(5) Meet and take action consistent with this compact.compact, the commission's rules, and the bylaws.

the commission's rules, and the bylaws.

(7) Maintain and certify records and informatio.ninformation provided to a member state as the authenticated business records of the commission, and designate an agent to do so on behalf of the commission.

(3)(8) Purchase and maintain insurance and bonds.

(9) Borrow, acceptaccept, , or contract for services of personnel including.including, but not limited to, employees of a member state.

but not limited to, employees of a member state.

(11) Hire employees, elect or appoint officers.officers, fix Page 21 SB208 Enrolled compensation, define duties, grant those individuals appropriate authority to carry out the purposes of this compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

fix Page 21 SB208 E n rolled compensation, define duties, grant those individuals appropriate authority to carry out the purposes of this compact , and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel , and other related personnel matters.

(13) Accept any and all appropriate donations, grants orof money.money, other sources of revenue, equipment, supplies, materials, services, and gifts, and receive, utilize, and dispose of the same;

otherprovided, sourcesthat at all times the commission shall avoid any appearance of revenue.impropriety or conflict of interest.

equipment,(14) suppliesLease, ,purchase, materials.retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest in property.

services,(15) andSell, gifts.convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.

(16) Establish a budget and receive.make expenditures.

utilize,(17) andBorrow disposemoney. of the same;

provided.(18) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their designees, consumer representatives, and other interested individuals as may be designated in this compact and the rules.

that(19) atProvide ailand timesreceive theinformation commissionfrom, shalland avoidcooperate anywith, appearancelaw ofenforcement improprietyagencies. or conflict of interest.

(14)(20) Lease,Establish purchase.and elect an executive committee, Page 22 SB208 Enrolled including a chair and a vice chair.

retain,(21) ownDetermine ,whether hold.a state's adopted language is materially different from the model compact language such that the state does not qualify for participation in this compact.

improve , or use any property, real, personal, or mixed, or any undivided interest in property.

(15) Sell, convey, mortgage, pledge.

lease, exchange.

abandon, or otherwise dispose of any property real.

personal , or mixed.

(15) Establish a budget and make expenditures.

60S (17) Borrow money.

(13) Appoint committees , including standing committees, composed of members.

state regulators, state legislators or their designees.

consumer representatives, and other interested individuals as may be designated in this compact and the rules .

(19) Provide and receive information from, and cooperate with.

law enforcement agencies.

(20) Establish and elect an executive committee.

Page 22 SB208 Enrolled including a chair and a vice chair.

6iS (21) Determine whether a state s adopted language is materially different from the model compact language such that the state'does not qualify for participation in this compact.

(1) The executive committee shall have the power to act on behalf of the commission according to the terms of this i compact.

The powers.powers, duties, and responsibilities of the executive committee shall include all of the following:

duties, and responsibilities of the executive committee shall include all of the following:

Recommend to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states.states, fees charged to licensees, and other fees.

fees charged to licensees, and other fees.

63S d.

Maintain financial records on behalf of the commissioncommission. .

ff. Monitor compact compliance of .me.mberstates and provide compliance reports co the commission.

Monitor compact compliance of member states and provide compliance reports to the commission.

ii. .Other duties as provided in the rules or bylaws of the commission.

(2)Other Theduties executiveas committeeprovided shallin bethe composedrules ofor upbylaws toof 11the memberscommission. :

(2) The executive committee shall be composed of up to 11 members:

(4) The executive committee shall meet at least annuallyannually. .

Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed.closed, nonpublic meeting pursuant to subdivision (f)(2).

nonpublic meeting pursuant to subdivision (f)(2).

The executive committee shall give seven daysdays' i notice of its meetings.meetings, posted on its website and as determined to provide notice to individuals with an interest in the business of the commission.

posted on its website and as determined to provide notice to individuals with an interest in the business of the commission.

The executive committee may hold a special meeting in accordance with paragraph (f)(l)b.(f)(1)b.

Page 24 SB208 EEnrolled nrolled(e) (a) The commission shall adopt and provide to the member states an annual report.

(1) All meetings of the commission shall be open coto the public, except that the commission may meet in a closed.closed, nonpublic meeting as provided in subdivision (2).

nonpublica. meeting as provided in subdivision (2).

a .

The commission or executive committee may hold a special meeting when rhethe commission or executive committee must meet to conduct emergency business by giving 4348 hourshours' ’ notice to all commissioners, on the commission's website, and by other means as provided in the commissioncommission's ’s rules.

The commissioncommission's ’s legal counsel shall certify that the commissioncommission's ’s need to meet qualifies as an emergency.

(2) The commission, the executive committee.committee, or other committees of the commission may convene in a closed, nonpublic meeting for the commission, executive committee, or other committees of the commission to receive legal advice or to discuss any of the following:

or other committees of the commission may convene in a closed, nonpublic meeting for the commission.

executive committee.

or other committees of the commission co receive legal advice or to discuss any of the following:

The employment, compensation.compensation, discipline, or other matters, practices, or procedures related to specific employees.

discipline.Page 25 SB208 Enrolled c.

Current or otherthreatened matters,discipline practices,of a licensee by the commission or proceduresby relateda tomember specificstate's employeeslicensing .authority.

Page 2a SB208 E nrolled c .

Current or thrsarsned discipline of a licensee by the commission or by a member scale's licensing authority.

Current, threatened/threatened, or reasonably anticipated litigationlitigation. .

ee. .

Negotiation of contracts for the purchase/purchase, leaselease, , or sale of goods.goods, services, or real estate.

services/f. or real estate.

f Accusing any individual of a crime or formally •708 censuring any individual.

Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacyprivacy. .

ii. .

Investigative records compiled for law enforcement purposespurposes. .

jj. • Information related to any investigative reports prepared by or on behalf of or for the use of the commission or other committee charged with the responsibility of investigation or determination of compliance issues pursuanc to this compact.

kInformation .Mattersrelated specificallyto exempted,any frominvestigative disclosurereports prepared by federalor on behalf of or memberfor statethe law.use of the commission or other committee charged with the responsibility of investigation or determination of compliance issues pursuant to this compact.

1.k.

Matters specifically exempted from disclosure by federal or member state law.

l.

(3) If a meeting, or portion of a meeting.meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and those references shall be recorded in the minutes.

is(4) closed/The thecommission presiding officer shall statekeep minutes that thefully and Page 26 SB208 Enrolled clearly describe all matters discussed in a meeting willand beshall closedprovide a full and referenceaccurate eachsummary relevantof exemptingactions provision,taken, and thosethe referencesreasons shalltherefore, beincluding recordeda indescription of the minutes.views expressed.

(4) The commission shall keep minutes that fully and Page 26 SB208 Enrolled clearly describe all masters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the .reasons therefore, including a description of the views expressed.

AilAll minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.

{g}(g) Financing of the commission.

(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet those obligationsobligations; ;

{5}(5) The commission shall keep accurate accounts of all receipts and disbursements.

(1) The members.members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, both personally and in their official capacities, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities;

officers.provided, that nothing in this subdivision shall be construed to protect any individual from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that individual.

executive director.

employees , and representatives of the commission shall be immune from suit and liability, both personally and in their official capacities.

for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act.

error , or omission that occurred, or that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities;

provided, that nothing in this subdivision shall be construed to protect any individual from suit or liability for any damage.

loss , injury.

or liability caused by the intentional.

willful.

or wanton misconduct of that individual.

(2) The commission shall defend any member, officer, Page 28 SB208 Enrolled executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error.error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities;

or omission that occurred within the scope of commission employment.

duties, or responsibilities, or as determined by the commission that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment.

duties, or responsibilities;

and provided further, that the actual or alleged act, error, or omission c^iddid not result from that individualindividual's ’s intentional, willful.willful, or wanton misconduct.

(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or wantonjudgment misconduct.obtained against that individual arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the individual had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities;

(3)provided, Thethat commissionthe shallactual indemnifyor andalleged holdact, harmlesserror, anyor member.omission did not result from the intentional, willful, or wanton misconduct of that individual.

officer,(4) executiveNothing director,herein employ'•shall fbe andconstrued representativeas ofa thelimitation commissionon for the amountliability of any settlementlicensee orfor judgmentprofessional obtainedmalpractice againstor thatmisconduct, individualwhich arisingshall outbe ofgoverned solely by any actualother orPage alleged29 act.SB208 Enrolled applicable state law.

error.(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or rule.

or(6) omissionNothing thatin occurredthis withincompact theshall scopebe construed to be a waiver of commissionsovereign employment.immunity by the member states or by the commission.

duties.

or responsibilities.

or that the individual had a reasonable basis for believing occurred within the scope of commission employment.

duties, or responsibilities;

provided, that the actual or alleged act.

error, or omission did not result from the intentional, willful, or wanton misconduct of that individual.

{4} Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other Page 29 SB208 Enrolled applicable state law.

(5) Nothing in this compact shali.be interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Shermaxo.ect, Clayton.

Act, or any other state or federal antitrust or anticompetitive law or rule.

(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the commission .

Data Svstem.System.

(b) The commission shall assign each applicant for a multistate license a unique identifier, as determined bvby the rules of the commission.

{c}(c) Notwithstanding any other provisioxoprovision of state law to the contrary, a .membermember state shall submit a uniform data set to the data system'system on all individuals to whom this compact is applicable as required by the rules of the commission.commission, including all of the following:

including all of the following:

(3) Adverse actions against a license and information o3o related to that adverse action.

(4) Nonconfidential information related to alternative program participation, the beginning and ending dates of Page 30 SB208 EEnrolled nrolledparticipation, participation.and other information related to participation not made confidential under the member state's law.

and(5) otherAny informationdenial relatedof toan participationapplication notfor madelicensing, confidentialand under the memberreason state'sor law.reasons for the denial.

(□)(6) AnyThe denialpresence of ancurrent applicatio.nsignificant forinvestigative licensing,information. and the reason or reasons for the denial.

(5)(7) TheOther presenceinformation that may facilitate the administration of currentthis significantcompact investigativeor informationthe .protection of the public, as determined by the rules of the commission.

(7)Other(d) The records and information thatprovided mayto facilitatea themember administrationstate ofpursuant to this compact or through the protectio.ndata system, when certified by the commission or its agent, shall constitute the authenticated business records of the public.commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceeding in a member state.

as determined bv the rules of the commission.

(d) The reco rd sand in fo rm atiop ro v id to a .member state pursuant to this compact or through the data system.

when certified by the commission or its agent.

shall constitute the authenticated business records of the commission.

and shall be entitled to any associated hearsay exception in any relevant judicial.

quasi-judicial, or administrative proceeding in a member state.

Adverse action information pertaining to a licensee in any member state shall be available to any other .me.mberstate.member state.

(g) Member states contributing informatio.ninformation to the data syste.mmaysystem may designate information chatthat may not be shared with o6g the public without the express permission of the contributing Page 31 SB208 EEnrolled nrolled S69 member sstate. ta te .

(h) Any information submitted to the data systsmsystem that is subsequently expunged pursuant to federal law or the laws of the member state contributing rhethe information shall be removed from the data system.

A rule shall be o/o invalid and have no force or effect only if a court of competent jurisdiction holds chatthat the rule is invalid because the commission exercised its rulemaking authority in a manner that was beyond the scope and purposes of this compact, or the powers granted under this compact, or based upon another ( o applicable standard of review.

provided, however.however, that where the rules of the commission conflict with the laws or rules of a member state that establish the member state's laws, rules, and applicable 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.

chat(c) whereThe thecommission rulesshall ofexercise theits commissionrulemaking conflictpowers withpursuant to the lawscriteria orset rulesforth ofin athis membersection stateand that establish the memberrules state'sadopted laws,under rules.this section.

odoRules andshall applicablebecome standardsbinding thaton governthe rheday practicefollowing adoption or as of socialthe work.date specified in the rule or amendment, whichever is later.

asPage held32 bySB208 Enrolled (d) If a courtmajority of competentthe jurisdiction,legislatures of the rulesmember states rejects a rule or portion of thea commissionrule, shallby beenactment ineffectiveof i.na thatstatute stateor resolution in the same manner used to adopt this compact within four years after the extentdate of adoption of the conflict.rule, then the rule shall have no further force and effect in any member state.

(c) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and rhe rules adopted under this section.

Rules shall become binding on rhe day following adoption or as of rhe date specified in the rule or amendment, whichever is later.

Page 32 e SB208 E n rolled (d) ±f a majority of the legislatures of rhe member states rejects a rule or portion of a rule, by enactmenr of a statute or resolution in the same manner used to adopt this compact within four years after the date of adoption of the rule.

then the rule shall have no further force and effect in any member state.

(f) Prior to adoption of a proposed rule.rule, the commission shall hold a public hearing and allow individuals to provide oral and written comments, data, facts, opinions, and arguments.

the commission shall hold a public hearing and allow individuals to provide oral and written comments.

data.

facts , opinions , and argu.ments.

(1) The time.time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location Page 33 SB208 Enrolled of the meeting where the compact commission will consider and vote on the proposed rule.

date,(2) andIf locationthe ofhearing theis publicheld hearingvia attelecommunication, whichvideo conference, or other means of communication, the commission willshall hearinclude publicthe commentsmechanism onfor access to the proposedhearing rulein and.the notice of proposed rulemaking.

if(3) different.The text of the proposed rule and the reason supporting the rule.

the time.

date.

and location Page 33 SB208 Enrolled of the meeting where the compact commission will consider and vote on the proposed rule.

(2) If the hearing is held via relecommunication, video conference, or other means of communication, the commission shall include the mechanism for access to the hearing in rhe notice of proposed rulemaking.

(3) The text of the proposed rule and the reason supporting rhe rule.

(k) The commission, by majority vote of all members.members, shall take final action on the proposed rule based on the rulemaking record and the full text of the rule.

shall(1) takeThe finalcommission actionmay onadopt changes to the proposed rule basedprovided on the rulemakingchanges recorddo andnot enlarge the fulloriginal textpurpose of the proposed rule.

(1)(2) The commission mayshall adoptprovide an explanation of the reasons for substantive changes made to the proposed rulerule, providedas thePage changes34 doSB208 notEnrolled enlargewell rheas originalreasons purposefor ofsubstantive thechanges proposednot rule.made that were recommended by commenters.

(2) The commission shall provide an explanation of the reasons for substantive changes made to the proposed rule, as Page 34 SB208 Enrolled well as reasons for substantive changes not made chat were recommended bv commenters.

Except for an emergency as provided in subsection (1),(l), the effective date of the rule shall be no sooner than 30 days after issuing the notice ehatthat the commission adopted or amended the rule.

(1)(l) Upon determination ehatthat an emergency exists.exists, the compact commission may consider and adopt an emergency rule with 24-hours' notice, with opportunity to comment;

provided, that the compactusual commissionrulemaking mayprocedures considerprovided in this compact and adoptin anthis emergencysection shall be retroactively applied to the rule withas 24-hourssoon Vas notice,reasonably withpossible, opportunityand toin comment;no event later than 90 days after the effective date of the rule.

provided,For that the usualpurposes rulemakingof proceduresthis providedsubsection, inan thisemergency compactrule andis inone ehisthat sectionmust shall be retroactivelyadopted appliedimmediately toin theorder ruleto: as soon as reasonably possible.

and(1) inMeet noan eventimminent laterthreat thanto 90public dayshealth, aftersafety, theor effectivewelfare. date of the rule.

For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order co:

(1) Meet an imminent threat to public health, safety, or welfare .

(m) The commission or an authorized committee of the commission may direct revisio.nrevision to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors.

errorsPublic innotice formacof ,any errorsrevision inshall consistency,be orposted grammaticalon errors.the website of the commission.

Public notice of any revision shall be posted o.n the website of the commission.

The revision shall be challenged only on grounds that the revision results in a marerialmaterial change to a rule.

If no challenge is made, thsthe revision shall take effect without further action.

ifIf rhethe revision is challenged, the revision may not take effect without the approval of the commission.

991 §34-30-112.

Oversight, Dispute Resolution, and enforcementEnforcement. .

(a) OversightOversight. .

(1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement this compactcompact. .

(2) Except as otherwise provided in this compact.compact, venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the compact commission is located.

venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the compact commission is located.

Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice.malpractice, misconduct, or any similar matter.

misconduct,Page or36 SB208 Enrolled (3) The compact commission shall be entitled to receive service of process in any similarproceeding matter.regarding the enforcement or interpretation of this compact and shall have standing to intervene in such a proceeding for all purposes.

RageFailure 35to SB208provide Enrolledthe (3) The compact commission shall be entitled to receive service of process inshall anyrender proceedinga regardingjudgment the enrorcement or interpretationorder ofvoid thisas compact and shall have standing to intervenethe incommission, suchthis acompact, proceedingor foradopted ailrules. purposes.

Failure(b) toDefault, providetechnical theassistance, commissionand servicetermination. of process shall render a judgment or order void as to the commission, this compact.

(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules.rules, the commission shall provide written notice to the defaulting member state.

(b) Default, technical assistance.

and termination.

(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules.

the commission shall provide written notice to the defaulting member state.

(c) If a state in default fails to cure the default'.default, the defaulting state may be terminated from this compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges, and benefits conferred on that state by this compact may be terminated on the effective date of termination.

the defaulting state may be terminated from this compact upon an affirmative vote of a majority of the delegates of the member states.

and all rights, privileges.

and benefits conferred on that state by this compact may be terminated on the effective date of termination.

(d) Termination of membership in this compact shall be imposed only after ailall other means of securing compliance have Page 37 SB208 Enrolled been exhausted.

Notice of intent to suspend or terminate shall be given by the commission coto the governor, the majority endand minority leaders of the defaulting state’sstate's legislature, the defaulting state's licensing authority, and the licensing authority of each member state.

{g}The(g) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from this compact, unless agreed upon in writing between the commission and the defaulting state.

(1) Upon request by a member state.state, the commission shall attempt to resolve disputes related to this compact that Page 38 SB208 Enrolled arise among member states and between member and non-member states.

the(2) The commission shall attemptadopt toa resolverule disputesproviding relatedfor toboth thismediation compact that Page 38 SB208 Enrolled arise among member states and betweenbinding memberdispute andresolution non-memberfor sratesdisputes .as appropriate.

(2)(j) TheEnforcement. commission shall adopc a rule providing for both mediation and binding dispute resolution for disputes as appropriate .

j ) Enforcement .

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

the prevailing party shall be awarded ail costs of litigation, including reasonable attorney fees.

The commission may pursue any other remedies available under federal or the defaulting member statestate's s law.

(2) A member state may initiate legal action against the commission in the United States District Court for thsthe District of Columbia, or the federal district where the commission has its principal offices, to enforce compliance with this compact and its adopted rules.

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

Effective date.date, withdrawal, and amendment.

withdrawal(a) ,The andcompact amendmentshall .come into effect on the date on which this compact statute is enacted into law in the seventh member state.

(a)(1) TheOn compactor after the effective date of this compact, the commission shall comeconvene intoand effecrreview onthe enactment of each of the datefirst onseven whichmember thisstates compactreferred statuteto isas enacted"charter intomember lawstates," into determine if the seventhstatute enacted by each charter member state .is materially different than the model compact statute.

(1) On or after the effective date of this compact.

the commission shall convene and review the enactment of each of the first seven member states referred to as "charter member states," to determine if the statute enacted by each charter member stats is materially different than the model com.pact statute .

A charter member state whose enactment is found to be materially different from this model compact statute shall be entitled to the default process set forth in Section 34-30-11234-30-112. .

If any member state is later found to be in default.default, or is terminated or withdraws from this compact, the commission shall remain in existence and this compact shall remain in effect even if the number of member states should be less than seven.

or(2) isMember terminatedstates orenacting withdrawsthis fromcompact rhissubsequent compact,to the commissionseven initial charter member states shall remai.nbe insubject existenceto andthe thisprocess compactset shallforth remainin i.neffectSection even34-30-109(c)(21) to determine if their enactments are materially different from the numbermodel ofcompact memberstatute statesand shouldwhether bethey lessqualify thanfor seven.participation in this compact.

(2)(3) MemberAll statesactions enactingtaken thisfor compactthe subsequentbenefit toof the sevencommission initialor charterin memberfurtherance statesof shallthe bepurposes subjectof to the processadministration setof forthPage in40 SectionSB208 34-30-109(c)Enrolled (21)this tocompact determineprior ifto theirthe enactmentseffective aredate materiallyof differentthis fromcompact or the modelcommission compactcoming statuteinto andexistence whethershall theybe qualifyconsidered forto participationbe in.actions of the commission unless specifically repudiated by the commission.

ills(4) Any state that joins this compact.compact subsequent to the commission's initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which this compact becomes law in that state.

(3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of Page 40 SB208 Enrolled this compact prior co the effective date of this compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.

(4) Any state that joins this compact subsequent to the commission ’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which this compact becomes law in that state.

(b) Any member state may withdraw from this compact by enacting a statute coto repeal this compact.

(1) A member state’sstate's withdrawal shall not take effect until 130180 days after enactment of the repealing statute.

(2) Withdrawal shall not affect the continuing requirement of the withdrawing statestate's ’s licensing authority to comply with the investigative and adverse actio.naction reporting requirements of this compact prior to the effective date of withdrawalwithdrawal. .

(3) Upon the enactment of a state withdrawing from this compactcompact, , a state shall immediately provide notice of the withdrawal to all licensees within that state.

Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize ailall licenses granted pursuant to this compact for a minimum orof 180 days after the date of the notice of withdrawal.

(c) Nothing contained in this compact shall be Page 41 SB208 Enrolled construed to invalidate or prevent any licensing agreement or Ocherother cooperative arrangement between a member state and a non-member state that does not conflict with this compact.

(d) This compacccompact may be amended by the member states.

(a) This compact and the commissioncommission's ’s rulemaking authority shall be liberally construed so as coto effectuate the purposespurposes, ,implementation, implementation , and administration of this compacc.compact.

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

che(c) UnitedNotwithstanding States,subsection or(b), the applicabilitycommission tomay anydeny government,a agency,state's individual.participation in this compact or, in accordance with the requirements of Section 34-30-112(b), terminate a member state's participation in this compact, if the Page 42 SB208 Enrolled commission determines that a constitutional requirement of a member state is a material departure from this compact.

or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability to any other government, agency.

individual , or circumstance shall not be affected.

(c) Notwithstanding subsectio.n (b), the commission may­ deny a state's participation in this compact or.

in accordance with the requirements of Section 34-30-112 (b), cerminate a member state's participation in this compact.

if che Page 42 e SB208 Enrolled commission determines that a constitutional requirement of a member state is a material departure from this compact.

(a) kA licensee providing services in a remote state under a multistate authorization to practice shall adhere to the laws and rules, including laws, rules, and applicable standards of the remote state where the client is located at the time care is rendered.

(b) Nothing in this compact shall prevent or inhibit the-enforcementthe enforcement of any other law of a member state that is not inconsistent with this compact.

(c) Any laws, statutes, rules.rules, or other legal requirements in a member state in conflict with this compact are superseded to the extent of the conflict.

or other legal requirements in a member state in conflict with this compact are superseded to the extent of the conflict.

Except as to judicial proceedings for the enforcement of 'thiscompactthis compact among member states.states, individuals may pursue judicial proceedings related to this compact in any Alabama state or federal court that would otherwise have competent Page 43 SB208 Enrolled jurisdiction.

individuals may pursue judicial proceedings related to this compact in.

any Alabama state or federal court that would otherwise have competent Page 43 * SB208 Enrolled jurisdiction .

Page 44 e SB208 Enrolled o________________________________________________ fthPresident eand SPresiding eOfficer nof athe teSenate ________________________________________________ Speaker of the House of Representatives SB208 Senate 0909-Apr-24 -Apr-24I 1 hereby certify that the within Act originated in and passed the Senate.

Patrick Harris, SecretarySecretary. .

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