advanced practice registered nurses; compact
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SB 1295 — advanced practice registered nurses; compact
Last action — DPA
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 56th Legislature - Second Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
567 added · 1615 removedPlain-language change summary
The revised version of SB 1295 includes a new title emphasizing "advanced practice registered nurses" and their involvement in a compact. This change clarifies the bill's focus on allowing these nurses to practice across state lines more easily. This is important because it can improve healthcare access and streamline licensing for nurses, beneficial for both healthcare providers and patients.
House Engrossed Senate BillEngrossed advanced practice registered nurses;
compact (now:State of Arizona Senate Fifty-sixth Legislature Second Regular Session SENATE BILL 1295 AN ACT AMENDING TITLE 32, CHAPTER 15, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 2.2;
healthRELATING professionals;TO THE ARIZONA STATE BOARD OF NURSING.
compacts) State of Arizona Senate Fifty-sixth Legislature Second Regular Session SENATE BILL 1295 AN ACT AMENDING TITLE 32, CHAPTER 15, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 2.2;
AMENDING TITLE 32, CHAPTER 32, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 3.1;
AMENDING TITLE 32, CHAPTER 33, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 5.1;
RELATING TO HEALTH PROFESSIONALS.
-H. 5 - S.B.
1295AN H.APRN WHO IS ISSUED A MULTISTATE LICENSE IS AUTHORIZED TO ASSUME RESPONSIBILITY AND ACCOUNTABILITY FOR PATIENT CARE INDEPENDENT OF - 5 - S.B.
AN1295 APRN WHO IS ISSUED A MULTISTATE LICENSE IS AUTHORIZED TO ASSUME RESPONSIBILITY AND ACCOUNTABILITY FOR PATIENT CARE INDEPENDENT OF ANY SUPERVISORY OR COLLABORATIVE RELATIONSHIP.
ON APPLICATION FOR AN APRN MULTISTATE LICENSE, THE LICENSING BOARD IN THE ISSUING PARTY STATE SHALL ASCERTAIN, THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM, WHETHER THE APPLICANT HAS EVER HELD OR IS THE HOLDER OF A LICENSED PRACTICAL OR VOCATIONAL NURSING LICENSE, A REGISTERED NURSING LICENSE OR AN ADVANCED PRACTICE REGISTERED NURSE LICENSE ISSUED BY ANY OTHER STATE, WHETHER THERE ARE ANY ENCUMBRANCES ON ANY LICENSE OR MULTISTATE LICENSURE PRIVILEGE HELD BY THE APPLICANT, WHETHER ANY ADVERSE ACTION HAS BEEN TAKEN AGAINST ANY LICENSE OR -MULTISTATE 6LICENSURE -PRIVILEGE S.B.HELD BY THE APPLICANT AND WHETHER THE APPLICANT IS CURRENTLY PARTICIPATING IN AN ALTERNATIVE PROGRAM.
1295- MULTISTATE6 LICENSURE- PRIVILEGES.B. HELD BY THE APPLICANT AND WHETHER THE APPLICANT IS CURRENTLY PARTICIPATING IN AN ALTERNATIVE PROGRAM.
1295 B.
SUBPOENAS ISSUED BY A PARTY STATE LICENSING BOARD FOR THE ATTENDANCE AND TESTIMONY OF WITNESSES AND THE PRODUCTION OF EVIDENCE FROM ANOTHER PARTY STATE SHALL BE ENFORCED IN THE LATTER STATE BY ANY COURT OF COMPETENT JURISDICTION, ACCORDING TO THAT COURT'S PRACTICE AND PROCEDURE - 7 - S.B.
1295 ANOTHER PARTY STATE SHALL BE ENFORCED IN THE LATTER STATE BY ANY COURT OF COMPETENT JURISDICTION, ACCORDING TO THAT COURT'S PRACTICE AND PROCEDURE IN CONSIDERING SUBPOENAS ISSUED IN ITS OWN PROCEEDINGS.
-C. 8 - S.B.
1295ALL C.LICENSING BOARDS SHALL PROMPTLY REPORT TO THE COORDINATED LICENSURE INFORMATION SYSTEM ANY ADVERSE ACTION, ANY CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION, DENIALS OF APPLICATIONS WITH THE REASONS FOR SUCH DENIALS AND APRN PARTICIPATION IN ALTERNATIVE PROGRAMS KNOWN TO THE - 8 - S.B.
ALL1295 LICENSING BOARDS SHALL PROMPTLY REPORT TO THE COORDINATED LICENSURE INFORMATION SYSTEM ANY ADVERSE ACTION, ANY CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION, DENIALS OF APPLICATIONS WITH THE REASONS FOR SUCH DENIALS AND APRN PARTICIPATION IN ALTERNATIVE PROGRAMS KNOWN TO THE LICENSING BOARD REGARDLESS OF WHETHER SUCH PARTICIPATION IS DEEMED NONPUBLIC OR CONFIDENTIAL UNDER STATE LAW.
THE HEAD OF THE STATE LICENSING BOARD OR THAT PERSON'S DESIGNEE SHALL BE -THE 9ADMINISTRATOR -OF S.B.THIS COMPACT FOR EACH PARTY STATE.
1295 THE ADMINISTRATOR OF THIS COMPACT FOR EACH PARTY STATE.
ANY VACANCY OCCURRING IN THE- COMMISSION9 SHALL- BES.B. FILLED IN ACCORDANCE WITH THE LAWS OF THE PARTY STATE IN WHICH THE VACANCY EXISTS.
1295 THE COMMISSION SHALL BE FILLED IN ACCORDANCE WITH THE LAWS OF THE PARTY STATE IN WHICH THE VACANCY EXISTS.
THE COMMISSION SHALL KEEP MINUTES THAT -FULLY 10AND -CLEARLY S.B.DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF ACTIONS TAKEN, AND THE REASONS THEREFOR, INCLUDING A DESCRIPTION OF THE VIEWS EXPRESSED.
1295 FULLY AND CLEARLY DESCRIBE ALL MATTERSDOCUMENTS DISCUSSED- IN10 A- MEETINGS.B. AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF ACTIONS TAKEN, AND THE REASONS THEREFOR, INCLUDING A DESCRIPTION OF THE VIEWS EXPRESSED.
ALL1295 DOCUMENTS CONSIDERED IN CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN THE MINUTES.
-G. 11 - S.B.
1295 G.
2.- 11 - S.B.
1295 2.
-2. 12 - S.B.
1295 2.
THE AGGREGATE ANNUAL ASSESSMENT AMOUNT, IF ANY, SHALL BE ALLOCATED BASED ON A FORMULA TO BE DETERMINED- BY12 THE- COMMISSION,S.B. WHICH SHALL PROMULGATE A RULE THAT IS BINDING ON ALL PARTY STATES.
1295 DETERMINED BY THE COMMISSION, WHICH SHALL PROMULGATE A RULE THAT IS BINDING ON ALL PARTY STATES.
THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY ADMINISTRATOR, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMISSION FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES -OR 13RESPONSIBILITIES, -OR S.B.THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES IF THE ACTUAL OR ALLEGED ACT, ERROR OR OMISSION DID NOT RESULT FROM THE INTENTIONAL, WILFUL OR WANTON MISCONDUCT OF THAT PERSON.
1295- OR13 RESPONSIBILITIES,- ORS.B. THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES IF THE ACTUAL OR ALLEGED ACT, ERROR OR OMISSION DID NOT RESULT FROM THE INTENTIONAL, WILFUL OR WANTON MISCONDUCT OF THAT PERSON.
1295 ARTICLE VIII RULEMAKING A.
-I. 14 - S.B.
1295 I.
K.- 14 - S.B.
1295 K.
Show all 500 changed lines (460 more)
-B. 15 - S.B.
1295 B.
(a)- WRITTEN15 NOTICE- TOS.B. THE DEFAULTING STATE AND OTHER PARTY STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED MEANS OF CURING THE DEFAULT AND ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION.
1295 (a) WRITTEN NOTICE TO THE DEFAULTING STATE AND OTHER PARTY STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED MEANS OF CURING THE DEFAULT AND ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION.
(a) THE PARTY STATES MAY SUBMIT THE ISSUES IN DISPUTE TO AN ARBITRATION PANEL, WHICH WILL BE COMPOSED OF INDIVIDUALS APPOINTED BY THE COMPACT ADMINISTRATOR IN EACH OF THE AFFECTED PARTY STATES AND AN -INDIVIDUAL 16MUTUALLY -AGREED S.B.ON BY THE COMPACT ADMINISTRATORS OF ALL THE PARTY STATES INVOLVED IN THE DISPUTE.
1295 INDIVIDUAL MUTUALLY AGREED ON BY THE COMPACT ADMINISTRATORS OF ALL THE PARTY STATES INVOLVED IN THE DISPUTE.
D.- 16 - S.B.
1295 D.
-ARTICLE 17XI -CONSTRUCTION S.B.AND SEVERABILITY THIS COMPACT SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE PURPOSES THEREOF.
1295THE ARTICLEPROVISIONS XIOF CONSTRUCTIONTHIS COMPACT SHALL BE SEVERABLE, AND SEVERABILITYIF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT SHALLIS DECLARED TO BE LIBERALLYCONTRARY CONSTRUEDTO SOTHE ASCONSTITUTION TOOF EFFECTUATEANY PARTY STATE OR OF THE PURPOSESUNITED THEREOF.- 17 - S.B.
THE1295 PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE, AND IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS DECLARED TO BE CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE OR OF THE UNITED STATES, OR IF THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON OR CIRCUMSTANCE IS HELD INVALID, THE VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY.
Sec.- 18 -
2.
Title 32, chapter 32, Arizona Revised Statutes, is amended by adding article 3.1, to read:
ARTICLE 3.1.
HEALTH PROFESSIONAL LICENSURE COMPACTS 32-3247.
Health professional licensure compacts;
reporting requirement ON OR BEFORE JANUARY 1 EACH YEAR, THE EXECUTIVE DIRECTOR OF A HEALTH PROFESSION REGULATORY BOARD THAT ISSUES COMPACT LICENSES PURSUANT TO THE FOLLOWING SECTIONS SHALL ISSUE A REPORT ON THE NUMBER OF COMPACT LICENSES ISSUED IN THE PRECEDING YEAR TO THE GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE AND SHALL PROVIDE A COPY OF THE REPORT TO THE SECRETARY OF STATE:
1.
SECTION 32-1660.
- 18 - S.B.
1295 2.
SECTION 32-1661.
3.
SECTION 32-2053.
4.
SECTION 32-2087.
5.
SECTION 32-3241.
6.
SECTION 32-3295.
7.
SECTION 32-3306.
8.
SECTION 32-3431.
Sec.
3.
Title 32, chapter 33, Arizona Revised Statutes, is amended by adding article 5.1, to read:
ARTICLE 5.1.
SOCIAL WORK LICENSURE COMPACT 32-3295.
Social work licensure compact SECTION 1.
PURPOSE A.
THE PURPOSE OF THIS COMPACT IS TO FACILITATE INTERSTATE PRACTICE OF REGULATED SOCIAL WORKERS BY IMPROVING PUBLIC ACCESS TO COMPETENT SOCIAL WORK SERVICES.
THE COMPACT PRESERVES THE REGULATORY AUTHORITY OF STATES TO PROTECT PUBLIC HEALTH AND SAFETY THROUGH THE CURRENT SYSTEM OF STATE LICENSURE.
B.
THIS COMPACT IS DESIGNED TO ACHIEVE THE FOLLOWING OBJECTIVES:
1.
INCREASE PUBLIC ACCESS TO SOCIAL WORK SERVICES.
2.
REDUCE OVERLY BURDENSOME AND DUPLICATIVE REQUIREMENTS ASSOCIATED WITH HOLDING MULTIPLE LICENSES.
3.
ENHANCE THE MEMBER STATES' ABILITY TO PROTECT THE PUBLIC'S HEALTH AND SAFETY.
4.
ENCOURAGE THE COOPERATION OF MEMBER STATES IN REGULATING MULTISTATE PRACTICE.
5.
PROMOTE MOBILITY AND ADDRESS WORKFORCE SHORTAGES BY ELIMINATING THE NECESSITY FOR LICENSES IN MULTIPLE STATES BY PROVIDING FOR THE MUTUAL RECOGNITION OF OTHER MEMBER STATE LICENSES.
6.
SUPPORT MILITARY FAMILIES.
7.
FACILITATE THE EXCHANGE OF LICENSURE AND DISCIPLINARY INFORMATION AMONG MEMBER STATES.
8.
AUTHORIZE ALL MEMBER STATES TO HOLD A REGULATED SOCIAL WORKER ACCOUNTABLE FOR ABIDING BY A MEMBER STATE'S LAWS, REGULATIONS AND APPLICABLE PROFESSIONAL STANDARDS IN THE MEMBER STATE IN WHICH THE CLIENT IS LOCATED AT THE TIME CARE IS RENDERED.
9.
ALLOW FOR THE USE OF TELEHEALTH TO FACILITATE INCREASED ACCESS TO REGULATED SOCIAL WORK SERVICES.
SECTION 2.
DEFINITIONS IN THIS COMPACT, UNLESS THE CONTEXT OTHERWISE REQUIRES:
1.
"ACTIVE MILITARY MEMBER" MEANS ANY INDIVIDUAL WITH FULL-TIME DUTY STATUS IN THE ACTIVE ARMED FORCES OF THE UNITED STATES, INCLUDING MEMBERS OF THE NATIONAL GUARD AND RESERVE.
2.
"ADVERSE ACTION" MEANS ANY ADMINISTRATIVE, CIVIL, EQUITABLE OR CRIMINAL ACTION ALLOWED BY A STATE'S LAWS THAT IS IMPOSED BY A LICENSING AUTHORITY OR OTHER AUTHORITY AGAINST A REGULATED SOCIAL WORKER, INCLUDING - 19 - S.B.
1295 ACTIONS AGAINST AN INDIVIDUAL'S LICENSE OR MULTISTATE AUTHORIZATION TO PRACTICE, SUCH AS REVOCATION, SUSPENSION, PROBATION, MONITORING OF THE LICENSEE, LIMITATION ON THE LICENSEE'S PRACTICE OR ANY OTHER ENCUMBRANCE ON LICENSURE AFFECTING A REGULATED SOCIAL WORKER'S AUTHORIZATION TO PRACTICE, INCLUDING ISSUANCE OF A CEASE AND DESIST ACTION.
3.
"ALTERNATIVE PROGRAM" MEANS A NONDISCIPLINARY MONITORING OR PRACTICE REMEDIATION PROCESS APPROVED BY A LICENSING AUTHORITY TO ADDRESS PRACTITIONERS WITH AN IMPAIRMENT.
4.
"CHARTER MEMBER STATES" MEANS MEMBER STATES THAT HAVE ENACTED LEGISLATION TO ADOPT THIS COMPACT IF THE LEGISLATION PREDATES THE EFFECTIVE DATE OF THIS COMPACT AS DESCRIBED IN SECTION 14 OF THIS COMPACT.
5.
"COMPACT COMMISSION" OR "COMMISSION" MEANS THE GOVERNMENT AGENCY WHOSE MEMBERSHIP CONSISTS OF ALL STATES THAT HAVE ENACTED THIS COMPACT, THAT IS KNOWN AS THE SOCIAL WORK LICENSURE COMPACT COMMISSION AS DESCRIBED IN SECTION 10 OF THIS COMPACT AND THAT OPERATES AS AN INSTRUMENTALITY OF THE MEMBER STATES.
6.
"CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS EITHER:
(a) INVESTIGATIVE INFORMATION THAT A LICENSING AUTHORITY, AFTER A PRELIMINARY INQUIRY THAT INCLUDES NOTIFICATION AND AN OPPORTUNITY FOR THE REGULATED SOCIAL WORKER TO RESPOND, HAS REASON TO BELIEVE IS NOT GROUNDLESS AND, IF PROVED TRUE, WOULD INDICATE MORE THAN A MINOR INFRACTION AS MAY BE DEFINED BY THE COMMISSION.
(b) INVESTIGATIVE INFORMATION THAT INDICATES THAT THE REGULATED SOCIAL WORKER REPRESENTS AN IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY, AS DEFINED BY THE COMMISSION, REGARDLESS OF WHETHER THE REGULATED SOCIAL WORKER HAS BEEN NOTIFIED AND HAS HAD AN OPPORTUNITY TO RESPOND.
7.
"DATA SYSTEM" MEANS A REPOSITORY OF INFORMATION ABOUT LICENSEES, INCLUDING CONTINUING EDUCATION, EXAMINATION, LICENSURE, CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION, DISQUALIFYING EVENTS, MULTISTATE LICENSES AND ADVERSE ACTION INFORMATION OR OTHER INFORMATION AS REQUIRED BY THE COMMISSION.
8.
"DOMICILE" MEANS THE JURISDICTION IN WHICH THE LICENSEE RESIDES AND INTENDS TO REMAIN INDEFINITELY.
9.
"DISQUALIFYING EVENT" MEANS ANY ADVERSE ACTION OR INCIDENT THAT RESULTS IN AN ENCUMBRANCE THAT DISQUALIFIES OR MAKES THE LICENSEE INELIGIBLE TO EITHER OBTAIN, RETAIN OR RENEW A MULTISTATE LICENSE.
10.
"ENCUMBRANCE" MEANS A REVOCATION OR SUSPENSION OF, OR ANY LIMITATION ON, THE FULL AND UNRESTRICTED PRACTICE OF SOCIAL WORK LICENSED AND REGULATED BY A LICENSING AUTHORITY.
11.
"EXECUTIVE COMMITTEE" MEANS A GROUP OF DELEGATES ELECTED OR APPOINTED TO ACT ON BEHALF OF, AND WITHIN THE POWERS GRANTED TO THEM BY, THE COMPACT AND COMMISSION.
12.
"HOME STATE" MEANS THE MEMBER STATE THAT IS THE LICENSEE'S PRIMARY DOMICILE.
- 20 - S.B.
1295 13.
"IMPAIRMENT":
(a) MEANS A CONDITION OR CONDITIONS THAT MAY IMPAIR A PRACTITIONER'S ABILITY TO ENGAGE IN FULL AND UNRESTRICTED PRACTICE AS A REGULATED SOCIAL WORKER WITHOUT SOME TYPE OF INTERVENTION.
(b) MAY INCLUDE ALCOHOL AND DRUG DEPENDENCE, MENTAL HEALTH IMPAIRMENT AND NEUROLOGICAL OR PHYSICAL IMPAIRMENTS.
14.
"LICENSEES" MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS A LICENSE FROM A STATE TO PRACTICE AS A REGULATED SOCIAL WORKER.
15.
"LICENSING AUTHORITY" MEANS THE BOARD OR AGENCY OF A MEMBER STATE, OR EQUIVALENT, THAT IS RESPONSIBLE FOR LICENSING AND REGULATING REGULATED SOCIAL WORKERS.
16.
"MEMBER STATE" MEANS A STATE, COMMONWEALTH, DISTRICT OR TERRITORY OF THE UNITED STATES OF AMERICA THAT HAS ENACTED THIS COMPACT.
17.
"MULTISTATE AUTHORIZATION TO PRACTICE" MEANS A LEGALLY AUTHORIZED PRIVILEGE TO PRACTICE THAT IS EQUIVALENT TO A LICENSE AND THAT IS ASSOCIATED WITH A MULTISTATE LICENSE PERMITTING THE PRACTICE OF SOCIAL WORK IN A REMOTE STATE.
18.
"MULTISTATE LICENSE" MEANS 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 ALL MEMBER STATES UNDER MULTISTATE AUTHORIZATION TO PRACTICE.
19.
"QUALIFYING NATIONAL EXAM" MEANS A NATIONAL LICENSING EXAMINATION APPROVED BY THE COMMISSION.
20.
"REGULATED SOCIAL WORKER" MEANS ANY CLINICAL, MASTER'S OR BACHELOR'S SOCIAL WORKER WHO IS LICENSED BY A MEMBER STATE REGARDLESS OF THE TITLE USED BY THAT MEMBER STATE.
21.
"REMOTE STATE" MEANS A MEMBER STATE OTHER THAN THE LICENSEE'S HOME STATE.
22.
"RULE" OR "RULE OF THE COMMISSION" MEANS A REGULATION DULY PROMULGATED BY THE COMMISSION, AS AUTHORIZED BY THE COMPACT, THAT HAS THE FORCE OF LAW.
23.
"SINGLE STATE LICENSE":
(a) MEANS A SOCIAL WORK LICENSE ISSUED BY ANY STATE THAT AUTHORIZES PRACTICE ONLY WITHIN THE ISSUING STATE.
(b) DOES NOT INCLUDE MULTISTATE AUTHORIZATION TO PRACTICE IN ANY MEMBER STATE.
24.
"SOCIAL WORK" OR "SOCIAL WORK SERVICES" MEANS THE APPLICATION OF SOCIAL WORK 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 REGULATIONS IN THE STATE WHERE THE SERVICES ARE BEING PROVIDED.
25.
"STATE" MEANS ANY STATE, COMMONWEALTH, DISTRICT OR TERRITORY OF THE UNITED STATES OF AMERICA THAT REGULATES THE PRACTICE OF SOCIAL WORK.
- 21 - S.B.
1295 26.
"UNENCUMBERED LICENSE" MEANS A LICENSE THAT AUTHORIZES A REGULATED SOCIAL WORKER TO ENGAGE IN THE FULL AND UNRESTRICTED PRACTICE OF SOCIAL WORK.
SECTION 3.
STATE PARTICIPATION IN THE COMPACT A.
TO BE ELIGIBLE TO PARTICIPATE IN THE COMPACT, A POTENTIAL MEMBER STATE MUST CURRENTLY MEET ALL OF THE FOLLOWING CRITERIA:
1.
LICENSE AND REGULATE THE PRACTICE OF SOCIAL WORK AT EITHER THE CLINICAL, MASTER'S OR BACHELOR'S CATEGORY.
2.
REQUIRE APPLICANTS FOR LICENSURE TO GRADUATE FROM A PROGRAM THAT:
(a) IS OPERATED BY A COLLEGE OR UNIVERSITY RECOGNIZED BY THE LICENSING AUTHORITY.
(b) IS ACCREDITED, OR IN CANDIDACY BY AN INSTITUTION THAT SUBSEQUENTLY BECOMES ACCREDITED, BY AN ACCREDITING AGENCY RECOGNIZED BY EITHER:
(i) THE COUNCIL FOR HIGHER EDUCATION ACCREDITATION, OR ITS SUCCESSOR.
(ii) THE UNITED STATES DEPARTMENT OF EDUCATION;
AND (c) CORRESPONDS TO THE LICENSURE SOUGHT AS OUTLINED IN SECTION 4 OF THIS COMPACT.
3.
REQUIRE APPLICANTS FOR CLINICAL LICENSURE TO COMPLETE A PERIOD OF SUPERVISED PRACTICE.
4.
HAVE A MECHANISM IN PLACE FOR RECEIVING, INVESTIGATING AND ADJUDICATING COMPLAINTS ABOUT LICENSEES.
B.
TO MAINTAIN MEMBERSHIP IN THE COMPACT, A MEMBER STATE SHALL DO ALL OF THE FOLLOWING:
1.
REQUIRE THAT APPLICANTS FOR A MULTISTATE LICENSE PASS A QUALIFYING NATIONAL EXAM FOR THE CORRESPONDING CATEGORY OF MULTISTATE LICENSE SOUGHT AS OUTLINED IN SECTION 4 OF THIS COMPACT.
2.
PARTICIPATE FULLY IN THE COMMISSION'S DATA SYSTEM, INCLUDING USING THE COMMISSION'S UNIQUE IDENTIFIER AS DEFINED IN RULES.
3.
NOTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS OF THE COMPACT AND RULES, OF ANY ADVERSE ACTION OR THE AVAILABILITY OF CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION REGARDING A LICENSEE.
4.
IMPLEMENT PROCEDURES FOR CONSIDERING THE CRIMINAL HISTORY RECORDS OF APPLICANTS FOR A MULTISTATE LICENSE.
SUCH PROCEDURES 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.
5.
COMPLY WITH THE RULES OF THE COMMISSION.
6.
REQUIRE AN APPLICANT TO OBTAIN OR RETAIN A LICENSE IN THE HOME STATE AND MEET THE HOME STATE'S QUALIFICATIONS FOR LICENSURE OR RENEWAL OF LICENSURE, AS WELL AS ALL OTHER APPLICABLE HOME STATE LAWS.
- 22 - S.B.
1295 7.
AUTHORIZE A LICENSEE HOLDING A MULTISTATE LICENSE IN ANY MEMBER STATE TO PRACTICE IN ACCORDANCE WITH THE TERMS OF THE COMPACT AND RULES OF THE COMMISSION.
8.
DESIGNATE A DELEGATE TO PARTICIPATE IN THE COMMISSION MEETINGS.
C.
A MEMBER STATE THAT MEETS THE REQUIREMENTS OF SUBSECTIONS A AND B OF THIS SECTION SHALL DESIGNATE THE CATEGORIES OF SOCIAL WORK LICENSURE THAT ARE ELIGIBLE FOR ISSUANCE OF A MULTISTATE LICENSE FOR APPLICANTS IN SUCH MEMBER STATE.
TO THE EXTENT THAT ANY MEMBER STATE DOES NOT MEET THE REQUIREMENTS FOR PARTICIPATION IN THE COMPACT AT ANY PARTICULAR CATEGORY OF SOCIAL WORK LICENSURE, SUCH MEMBER STATE MAY CHOOSE, BUT IS NOT OBLIGATED, TO ISSUE A MULTISTATE LICENSE TO APPLICANTS WHO OTHERWISE MEET THE REQUIREMENTS OF SECTION 4 OF THIS COMPACT FOR ISSUANCE OF A MULTISTATE LICENSE IN SUCH CATEGORY OR CATEGORIES OF LICENSURE.
D.
THE HOME STATE MAY CHARGE A FEE FOR GRANTING THE MULTISTATE LICENSE.
SECTION 4.
SOCIAL WORKER PARTICIPATION IN THE COMPACT A.
TO BE ELIGIBLE FOR A MULTISTATE LICENSE UNDER THE TERMS AND PROVISIONS OF THIS COMPACT, AN APPLICANT, REGARDLESS OF CATEGORY MUST:
1.
HOLD OR BE ELIGIBLE FOR AN ACTIVE, UNENCUMBERED LICENSE IN THE HOME STATE.
2.
PAY ANY APPLICABLE FEES, INCLUDING ANY STATE FEE, FOR THE MULTISTATE LICENSE.
3.
SUBMIT, IN CONNECTION WITH AN APPLICATION FOR A MULTISTATE LICENSE, FINGERPRINTS OR OTHER BIOMETRIC DATA FOR THE PURPOSE OF OBTAINING CRIMINAL HISTORY RECORD INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE FOR RETAINING THAT STATE'S CRIMINAL RECORDS.
4.
NOTIFY THE HOME STATE OF ANY ADVERSE ACTION, ENCUMBRANCE OR RESTRICTION ON ANY PROFESSIONAL LICENSE TAKEN BY ANY MEMBER STATE OR NONMEMBER STATE WITHIN THIRTY DAYS AFTER THE DATE THE ACTION IS TAKEN.
5.
MEET ANY CONTINUING COMPETENCE REQUIREMENTS ESTABLISHED BY THE HOME STATE.
6.
ABIDE BY THE LAWS, REGULATIONS AND APPLICABLE STANDARDS IN THE MEMBER STATE WHERE THE CLIENT IS LOCATED AT THE TIME CARE IS RENDERED.
B.
AN APPLICANT FOR A CLINICAL-CATEGORY MULTISTATE LICENSE MUST MEET ALL OF THE FOLLOWING REQUIREMENTS:
1.
FULFILL A COMPETENCY REQUIREMENT, WHICH SHALL BE SATISFIED BY EITHER:
(a) PASSAGE OF A CLINICAL-CATEGORY QUALIFYING NATIONAL EXAM.
(b) LICENSURE OF THE APPLICANT IN THE APPLICANT'S HOME STATE AT THE CLINICAL CATEGORY, BEGINNING PRIOR TO SUCH TIME AS A QUALIFYING NATIONAL EXAM WAS REQUIRED BY THE HOME STATE AND ACCOMPANIED BY A PERIOD OF CONTINUOUS SOCIAL WORK LICENSURE THEREAFTER, ALL OF WHICH MAY BE FURTHER GOVERNED BY THE RULES OF THE COMMISSION.
- 23 - S.B.
1295 (c) THE SUBSTANTIAL EQUIVALENCY OF THE FOREGOING COMPETENCY REQUIREMENTS, WHICH THE COMMISSION MAY DETERMINE BY RULE.
2.
ATTAIN AT LEAST A MASTER'S DEGREE IN SOCIAL WORK FROM A PROGRAM THAT IS BOTH:
(a) OPERATED BY A COLLEGE OR UNIVERSITY RECOGNIZED BY THE LICENSING AUTHORITY.
(b) ACCREDITED, OR IN CANDIDACY THAT SUBSEQUENTLY BECOMES ACCREDITED, BY AN ACCREDITING AGENCY RECOGNIZED BY EITHER:
(i) THE COUNCIL FOR HIGHER EDUCATION ACCREDITATION, OR ITS SUCCESSOR.
(ii) THE UNITED STATES DEPARTMENT OF EDUCATION.
3.
FULFILL A PRACTICE REQUIREMENT, WHICH SHALL BE SATISFIED BY DEMONSTRATING COMPLETION OF EITHER:
(a) A PERIOD OF POSTGRADUATE SUPERVISED CLINICAL PRACTICE EQUAL TO A MINIMUM OF THREE THOUSAND HOURS.
(b) A MINIMUM OF TWO YEARS OF FULL-TIME POSTGRADUATE SUPERVISED CLINICAL PRACTICE.
(c) THE SUBSTANTIAL EQUIVALENCY OF THE FOREGOING PRACTICE REQUIREMENTS, WHICH THE COMMISSION MAY DETERMINE BY RULE.
C.
AN APPLICANT FOR A MASTER'S-CATEGORY MULTISTATE LICENSE MUST MEET ALL OF THE FOLLOWING REQUIREMENTS:
1.
FULFILL A COMPETENCY REQUIREMENT, WHICH SHALL BE SATISFIED BY EITHER:
(a) PASSAGE OF A MASTERS-CATEGORY QUALIFYING NATIONAL EXAM.
(b) LICENSURE OF THE APPLICANT IN THE APPLICANT'S HOME STATE AT THE MASTER'S CATEGORY, BEGINNING PRIOR TO SUCH TIME AS A QUALIFYING NATIONAL EXAM WAS REQUIRED BY THE HOME STATE AT THE MASTER'S CATEGORY AND ACCOMPANIED BY A CONTINUOUS PERIOD OF SOCIAL WORK LICENSURE THEREAFTER, ALL OF WHICH MAY BE FURTHER GOVERNED BY THE RULES OF THE COMMISSION.
(c) THE SUBSTANTIAL EQUIVALENCY OF THE FOREGOING COMPETENCY REQUIREMENTS, WHICH THE COMMISSION MAY DETERMINE BY RULE.
2.
ATTAIN AT LEAST A MASTER'S DEGREE IN SOCIAL WORK FROM A PROGRAM THAT IS BOTH:
(a) OPERATED BY A COLLEGE OR UNIVERSITY RECOGNIZED BY THE LICENSING AUTHORITY.
(b) ACCREDITED, OR IN CANDIDACY THAT SUBSEQUENTLY BECOMES ACCREDITED, BY AN ACCREDITING AGENCY RECOGNIZED BY EITHER:
(i) THE COUNCIL FOR HIGHER EDUCATION ACCREDITATION, OR ITS SUCCESSOR.
(ii) THE UNITED STATES DEPARTMENT OF EDUCATION.
D.
AN APPLICANT FOR A BACHELOR'S-CATEGORY MULTISTATE LICENSE MUST MEET ALL OF THE FOLLOWING REQUIREMENTS:
1.
FULFILL A COMPETENCY REQUIREMENT, WHICH SHALL BE SATISFIED BY EITHER:
(a) PASSAGE OF A BACHELOR'S-CATEGORY QUALIFYING NATIONAL EXAM.
- 24 - S.B.
1295 (b) LICENSURE OF THE APPLICANT IN THE APPLICANT'S HOME STATE AT THE BACHELOR'S CATEGORY, BEGINNING PRIOR TO SUCH TIME AS A QUALIFYING NATIONAL EXAM WAS REQUIRED BY THE HOME STATE AND ACCOMPANIED BY A PERIOD OF CONTINUOUS SOCIAL WORK LICENSURE THEREAFTER, ALL OF WHICH MAY BE FURTHER GOVERNED BY THE RULES OF THE COMMISSION.
(c) THE SUBSTANTIAL EQUIVALENCY OF THE FOREGOING COMPETENCY REQUIREMENTS, WHICH THE COMMISSION MAY DETERMINE BY RULE.
2.
ATTAIN AT LEAST A BACHELOR'S DEGREE IN SOCIAL WORK FROM A PROGRAM THAT IS BOTH:
(a) OPERATED BY A COLLEGE OR UNIVERSITY RECOGNIZED BY THE LICENSING AUTHORITY.
(b) ACCREDITED, OR IN CANDIDACY THAT SUBSEQUENTLY BECOMES ACCREDITED, BY AN ACCREDITING AGENCY RECOGNIZED BY EITHER:
(i) THE COUNCIL FOR HIGHER EDUCATION ACCREDITATION, OR ITS SUCCESSOR.
(ii) THE UNITED STATES DEPARTMENT OF EDUCATION.
E.
THE MULTISTATE LICENSE FOR A REGULATED SOCIAL WORKER IS SUBJECT TO THE RENEWAL REQUIREMENTS OF THE HOME STATE.
THE REGULATED SOCIAL WORKER MUST MAINTAIN COMPLIANCE WITH THE REQUIREMENTS OF SUBSECTION A OF THIS SECTION TO BE ELIGIBLE TO RENEW A MULTISTATE LICENSE.
F.
THE REGULATED SOCIAL WORKER'S SERVICES IN A REMOTE STATE ARE SUBJECT TO THAT MEMBER STATE'S REGULATORY AUTHORITY.
A REMOTE STATE MAY, IN ACCORDANCE WITH DUE PROCESS AND THAT MEMBER STATE'S LAWS, 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 NECESSARY ACTIONS TO PROTECT THE HEALTH AND SAFETY OF ITS CITIZENS.
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 MULTISTATE LICENSE IS NO LONGER ENCUMBERED.
H.
IF A MULTISTATE AUTHORIZATION TO PRACTICE IS ENCUMBERED IN A REMOTE STATE, THE REGULATED SOCIAL WORKER'S MULTISTATE AUTHORIZATION TO PRACTICE MAY BE DEACTIVATED IN THAT STATE UNTIL THE MULTISTATE AUTHORIZATION TO PRACTICE IS NO LONGER ENCUMBERED.
SECTION 5.
ISSUANCE OF A MULTISTATE LICENSE A.
ON RECEIPT OF AN APPLICATION FOR MULTISTATE LICENSE, THE HOME STATE LICENSING AUTHORITY SHALL DETERMINE THE APPLICANT'S ELIGIBILITY FOR A MULTISTATE LICENSE IN ACCORDANCE WITH SECTION 4 OF THIS COMPACT.
B.
IF SUCH APPLICANT IS ELIGIBLE PURSUANT TO SECTION 4 OF THIS COMPACT, 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.
C.
ON ISSUANCE OF A MULTISTATE LICENSE, THE HOME STATE LICENSING AUTHORITY SHALL DESIGNATE WHETHER THE REGULATED SOCIAL WORKER HOLDS A - 25 - S.B.
1295 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 ALL COMPACT MEMBER STATES AS AUTHORIZING SOCIAL WORK PRACTICE UNDER A MULTISTATE AUTHORIZATION TO PRACTICE CORRESPONDING TO EACH CATEGORY OF LICENSURE REGULATED IN EACH MEMBER STATE.
SECTION 6.
AUTHORITY OF INTERSTATE COMPACT COMMISSION AND MEMBER STATE LICENSING AUTHORITIES A.
THIS COMPACT AND ANY RULE OF THE COMMISSION DOES NOT LIMIT, RESTRICT OR IN ANY WAY REDUCE THE ABILITY OF A MEMBER STATE TO ENACT AND ENFORCE LAWS, REGULATIONS OR OTHER RULES RELATED TO THE PRACTICE OF SOCIAL WORK IN THAT STATE IF THOSE LAWS, REGULATIONS OR OTHER RULES ARE NOT INCONSISTENT WITH THE PROVISIONS OF THIS COMPACT.
B.
THIS COMPACT DOES NOT AFFECT THE REQUIREMENTS ESTABLISHED BY A MEMBER STATE FOR THE ISSUANCE OF A SINGLE STATE LICENSE.
C.
THIS COMPACT AND ANY RULE OF THE COMMISSION DOES NOT 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.
THIS COMPACT AND ANY RULE OF THE COMMISSION DOES NOT LIMIT, RESTRICT 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.
THIS COMPACT AND ANY RULE OF THE COMMISSION DOES NOT 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 ON INFORMATION PROVIDED BY A REMOTE STATE.
SECTION 7.
REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE A.
A LICENSEE CAN HOLD A MULTISTATE LICENSE ISSUED BY THE LICENSEE'S HOME STATE IN ONLY ONE MEMBER STATE AT ANY GIVEN TIME.
B.
IF A LICENSEE CHANGES THE LICENSEE'S HOME STATE BY MOVING BETWEEN TWO MEMBER STATES:
1.
THE LICENSEE SHALL IMMEDIATELY APPLY FOR THE REISSUANCE OF THE LICENSEE'S MULTISTATE LICENSE IN THE NEW HOME STATE.
THE LICENSEE SHALL PAY ALL APPLICABLE FEES AND NOTIFY THE PRIOR HOME STATE IN ACCORDANCE WITH THE RULES OF THE COMMISSION.
2.
ON RECEIPT OF AN APPLICATION TO REISSUE A MULTISTATE LICENSE, THE NEW HOME STATE SHALL VERIFY THAT THE MULTISTATE LICENSE IS ACTIVE, UNENCUMBERED AND ELIGIBLE FOR REISSUANCE UNDER THE TERMS OF THE COMPACT AND THE RULES OF THE COMMISSION.
THE MULTISTATE LICENSE ISSUED BY THE PRIOR HOME STATE WILL BE DEACTIVATED AND ALL MEMBER STATES NOTIFIED IN ACCORDANCE WITH THE APPLICABLE RULES ADOPTED BY THE COMMISSION.
- 26 - S.B.
1295 3.
PRIOR TO THE REISSUANCE OF THE MULTISTATE LICENSE, THE NEW HOME STATE SHALL CONDUCT PROCEDURES FOR CONSIDERING THE CRIMINAL HISTORY RECORDS OF THE LICENSEE.
SUCH PROCEDURES 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.
IF REQUIRED FOR INITIAL LICENSURE, THE NEW HOME 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 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.
C.
IF A LICENSEE CHANGES THE LICENSEE'S PRIMARY STATE OF RESIDENCE BY MOVING FROM A MEMBER STATE TO A NONMEMBER STATE, OR FROM A NONMEMBER STATE TO A MEMBER STATE, THE LICENSEE SHALL BE SUBJECT TO THE STATE REQUIREMENTS FOR THE ISSUANCE OF A SINGLE STATE LICENSE IN THE NEW HOME STATE.
D.
THIS COMPACT DOES NOT INTERFERE WITH A LICENSEE'S ABILITY TO HOLD A SINGLE STATE LICENSE IN MULTIPLE STATES;
HOWEVER, FOR THE PURPOSES OF THIS COMPACT, A LICENSEE SHALL HAVE ONLY ONE HOME STATE AND ONLY ONE MULTISTATE LICENSE.
E.
THIS COMPACT DOES NOT INTERFERE WITH THE REQUIREMENTS ESTABLISHED BY A MEMBER STATE FOR THE ISSUANCE OF A SINGLE STATE LICENSE.
SECTION 8.
MILITARY FAMILIES AN ACTIVE MILITARY MEMBER OR THE ACTIVE MILITARY MEMBER'S SPOUSE SHALL DESIGNATE A HOME STATE WHERE THE INDIVIDUAL HAS A MULTISTATE LICENSE.
THE INDIVIDUAL MAY RETAIN THE INDIVIDUAL'S HOME STATE DESIGNATION DURING THE PERIOD THE ACTIVE MILITARY MEMBER IS ON ACTIVE DUTY.
SECTION 9.
ADVERSE ACTIONS A.
IN ADDITION TO THE OTHER POWERS CONFERRED BY STATE LAW, A REMOTE STATE SHALL HAVE THE AUTHORITY, IN ACCORDANCE WITH EXISTING STATE DUE PROCESS LAW, TO 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.
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 SUBPOENAS ISSUED IN PROCEEDINGS PENDING BEFORE IT.
THE ISSUING LICENSING AUTHORITY SHALL PAY ANY WITNESS FEES, TRAVEL - 27 - S.B.
1295 EXPENSES, MILEAGE AND OTHER FEES REQUIRED BY THE SERVICE STATUTES OF THE STATE IN WHICH THE WITNESSES OR EVIDENCE IS LOCATED.
B.
ONLY THE HOME STATE SHALL HAVE THE POWER TO TAKE ADVERSE ACTION AGAINST A REGULATED SOCIAL WORKER'S MULTISTATE LICENSE.
C.
FOR THE PURPOSES OF TAKING ADVERSE ACTION, THE HOME STATE SHALL GIVE THE SAME PRIORITY AND EFFECT TO REPORTED CONDUCT RECEIVED FROM A MEMBER STATE AS IT WOULD IF THE CONDUCT HAD OCCURRED WITHIN THE HOME STATE.
IN SO DOING, THE HOME STATE SHALL APPLY ITS OWN STATE LAWS TO DETERMINE APPROPRIATE ACTION.
D.
THE HOME STATE SHALL COMPLETE ANY PENDING INVESTIGATIONS OF A REGULATED SOCIAL WORKER WHO CHANGES THE REGULATED SOCIAL WORKER'S HOME STATE DURING THE COURSE OF THE INVESTIGATIONS.
THE HOME STATE SHALL ALSO HAVE THE AUTHORITY TO TAKE APPROPRIATE ACTION AND SHALL PROMPTLY REPORT THE CONCLUSIONS OF THE INVESTIGATIONS TO THE ADMINISTRATOR OF THE DATA SYSTEM.
THE ADMINISTRATOR OF THE DATA SYSTEM SHALL PROMPTLY NOTIFY THE NEW HOME STATE OF ANY ADVERSE ACTION.
E.
A MEMBER STATE, IF OTHERWISE ALLOWED BY STATE LAW, MAY RECOVER FROM THE AFFECTED REGULATED SOCIAL WORKER THE COSTS OF INVESTIGATIONS AND DISPOSITIONS OF CASES RESULTING FROM ANY ADVERSE ACTION TAKEN AGAINST THAT REGULATED SOCIAL WORKER.
F.
A MEMBER STATE MAY TAKE ADVERSE ACTION BASED ON THE FACTUAL FINDINGS OF ANOTHER MEMBER STATE IF THE MEMBER STATE FOLLOWS ITS OWN PROCEDURES FOR TAKING THE ADVERSE ACTION.
G.
THE FOLLOWING APPLY TO JOINT INVESTIGATIONS:
1.
IN ADDITION TO THE AUTHORITY GRANTED TO A MEMBER STATE BY ITS RESPECTIVE SOCIAL WORK PRACTICE ACT OR OTHER APPLICABLE STATE LAW, ANY MEMBER STATE MAY PARTICIPATE WITH OTHER MEMBER STATES IN JOINT INVESTIGATIONS OF LICENSEES.
2.
MEMBER STATES SHALL SHARE ANY INVESTIGATIVE, LITIGATION OR COMPLIANCE MATERIALS IN FURTHERANCE OF ANY JOINT OR INDIVIDUAL INVESTIGATION INITIATED UNDER THE COMPACT.
H.
IF 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 BE DEACTIVATED UNTIL ALL ENCUMBRANCES HAVE BEEN REMOVED FROM THE MULTISTATE LICENSE.
ALL HOME STATE DISCIPLINARY ORDERS THAT IMPOSE 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 ALL MEMBER STATES UNTIL ALL CONDITIONS OF THE DECISION, ORDER OR AGREEMENT ARE SATISFIED.
I.
IF A MEMBER STATE TAKES ADVERSE ACTION, IT SHALL PROMPTLY NOTIFY THE ADMINISTRATOR OF THE DATA SYSTEM.
THE ADMINISTRATOR OF THE DATA SYSTEM SHALL PROMPTLY NOTIFY THE HOME STATE AND ALL OTHER MEMBER STATES OF ANY ADVERSE ACTIONS BY REMOTE STATES.
- 28 - S.B.
1295 J.
THIS COMPACT DOES NOT OVERRIDE A MEMBER STATE'S DECISION THAT PARTICIPATION IN AN ALTERNATIVE PROGRAM MAY BE USED IN LIEU OF ADVERSE ACTION.
K.
THIS COMPACT DOES NOT AUTHORIZE A MEMBER STATE 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 THAT MEMBER STATE.
L.
THIS COMPACT DOES NOT AUTHORIZE A MEMBER STATE TO IMPOSE DISCIPLINE AGAINST A REGULATED SOCIAL WORKER WHO HOLDS A MULTISTATE AUTHORIZATION TO PRACTICE FOR LAWFUL ACTIONS WITHIN ANOTHER MEMBER STATE.
SECTION 10.
ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT COMMISSION A.
THE COMPACT MEMBER STATES HEREBY CREATE AND ESTABLISH A JOINT GOVERNMENT AGENCY WHOSE MEMBERSHIP CONSISTS OF ALL MEMBER STATES THAT HAVE ENACTED THE COMPACT KNOWN AS THE SOCIAL WORK LICENSURE COMPACT COMMISSION.
THE COMMISSION IS AN INSTRUMENTALITY OF THE COMPACT STATES ACTING JOINTLY AND NOT AN INSTRUMENTALITY OF ANY ONE STATE.
THE COMMISSION SHALL COME INTO EXISTENCE ON OR AFTER THE EFFECTIVE DATE OF THE COMPACT AS SET FORTH IN SECTION 14 OF THIS COMPACT.
B.
THE MEMBERSHIP, VOTING AND MEETINGS OF THE COMMISSION ARE AS FOLLOWS:
1.
EACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE DELEGATE SELECTED BY THAT MEMBER STATE'S LICENSING AUTHORITY.
2.
THE DELEGATE SHALL BE EITHER:
(a) A CURRENT MEMBER OF THE LICENSING AUTHORITY AT THE TIME OF APPOINTMENT WHO IS A REGULATED SOCIAL WORKER OR PUBLIC MEMBER OF THE STATE LICENSING AUTHORITY.
(b) AN ADMINISTRATOR OF THE LICENSING AUTHORITY OR THE ADMINISTRATOR'S DESIGNEE.
3.
THE COMMISSION SHALL BY RULE OR BYLAW ESTABLISH A TERM OF OFFICE FOR DELEGATES AND MAY BY RULE OR BYLAW ESTABLISH TERM LIMITS.
4.
THE COMMISSION MAY RECOMMEND THE REMOVAL OR SUSPENSION OF ANY DELEGATE FROM OFFICE.
5.
A MEMBER STATE'S LICENSING AUTHORITY SHALL FILL ANY VACANCY OF ITS DELEGATE OCCURRING ON THE COMMISSION WITHIN SIXTY DAYS AFTER THE VACANCY.
6.
EACH DELEGATE SHALL BE ENTITLED TO ONE VOTE ON ALL MATTERS BEFORE THE COMMISSION REQUIRING A VOTE BY COMMISSION DELEGATES.
7.
A DELEGATE SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS PROVIDED IN THE BYLAWS.
THE BYLAWS MAY PROVIDE FOR DELEGATES TO MEET BY TELECOMMUNICATION, VIDEOCONFERENCE OR OTHER MEANS OF COMMUNICATION.
8.
THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR.
ADDITIONAL MEETINGS MAY BE HELD AS SET FORTH IN THE BYLAWS.
THE COMMISSION MAY MEET BY TELECOMMUNICATION, VIDEO CONFERENCE OR OTHER SIMILAR ELECTRONIC MEANS.
- 29 - S.B.
1295 C.
THE COMMISSION SHALL HAVE THE FOLLOWING POWERS:
1.
ESTABLISH THE FISCAL YEAR OF THE COMMISSION.
2.
ESTABLISH CODE OF CONDUCT AND CONFLICT OF INTEREST POLICIES.
3.
ESTABLISH AND AMEND RULES AND BYLAWS.
4.
MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE BYLAWS.
5.
MEET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THIS COMPACT, THE COMMISSION'S RULES AND THE BYLAWS.
6.
INITIATE AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME OF THE COMMISSION IF THE STANDING OF ANY LICENSING AUTHORITY TO SUE OR BE SUED UNDER APPLICABLE LAW IS NOT AFFECTED.
7.
MAINTAIN AND CERTIFY RECORDS AND INFORMATION PROVIDED TO A MEMBER STATE AS THE AUTHENTICATED BUSINESS RECORDS OF THE COMMISSION, AND DESIGNATE AN AGENT TO DO SO ON THE COMMISSION'S BEHALF.
8.
PURCHASE AND MAINTAIN INSURANCE AND BONDS.
9.
BORROW, ACCEPT OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING EMPLOYEES OF A MEMBER STATE.
10.
CONDUCT AN ANNUAL FINANCIAL REVIEW.
11.
HIRE EMPLOYEES, ELECT OR APPOINT OFFICERS, FIX COMPENSATION, DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT THE PURPOSES OF THE COMPACT AND ESTABLISH THE COMMISSION'S PERSONNEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST, QUALIFICATIONS OF PERSONNEL AND OTHER RELATED PERSONNEL MATTERS.
12.
ASSESS AND COLLECT FEES.
13.
ACCEPT ANY APPROPRIATE GIFTS, DONATIONS, GRANTS OF MONIES, OTHER SOURCES OF REVENUE, EQUIPMENT, SUPPLIES, MATERIALS AND SERVICES AND RECEIVE, USE AND DISPOSE OF THE SAME.
AT ALL TIMES THE COMMISSION SHALL AVOID ANY APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTEREST.
14.
LEASE, PURCHASE, RETAIN, OWN, HOLD, IMPROVE OR USE ANY PROPERTY, REAL, PERSONAL, OR MIXED, OR ANY UNDIVIDED INTEREST IN THE PROPERTY.
15.
SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, ABANDON OR OTHERWISE DISPOSE OF ANY PROPERTY, REAL, PERSONAL, OR MIXED.
16.
ESTABLISH A BUDGET AND MAKE EXPENDITURES.
17.
BORROW MONIES.
18.
APPOINT COMMITTEES, INCLUDING STANDING COMMITTEES, COMPOSED OF MEMBERS, STATE REGULATORS, STATE LEGISLATORS OR THEIR REPRESENTATIVES, CONSUMER REPRESENTATIVES AND SUCH OTHER INTERESTED PERSONS AS MAY BE DESIGNATED IN THIS COMPACT AND THE BYLAWS.
19.
PROVIDE AND RECEIVE INFORMATION FROM, AND COOPERATE WITH, LAW ENFORCEMENT AGENCIES.
20.
ESTABLISH AND ELECT AN EXECUTIVE COMMITTEE, INCLUDING A CHAIRPERSON AND A VICE CHAIRPERSON.
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.
- 30 - S.B.
1295 22.
PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS COMPACT.
D.
THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THIS COMPACT.
THE POWERS, DUTIES AND RESPONSIBILITIES OF THE EXECUTIVE COMMITTEE INCLUDE:
1.
OVERSEEING THE DAY-TO-DAY ACTIVITIES OF THE ADMINISTRATION OF THE COMPACT, INCLUDING ENFORCEMENT AND COMPLIANCE WITH THE COMPACT, ITS RULES AND BYLAWS, AND OTHER SUCH DUTIES AS DEEMED NECESSARY.
2.
RECOMMENDING TO THE COMMISSION CHANGES TO THE RULES OR BYLAWS, CHANGES TO THIS COMPACT LEGISLATION, FEES CHARGED TO MEMBER STATES, FEES CHARGED TO LICENSEES AND OTHER FEES.
3.
ENSURING THE COMPACT ADMINISTRATION SERVICES ARE APPROPRIATELY PROVIDED, INCLUDING BY CONTRACT.
4.
PREPARING AND RECOMMENDING THE BUDGET.
5.
MAINTAINING FINANCIAL RECORDS ON BEHALF OF THE COMMISSION.
6.
MONITORING COMPACT COMPLIANCE OF MEMBER STATES AND PROVIDING COMPLIANCE REPORTS TO THE COMMISSION.
7.
ESTABLISHING ADDITIONAL COMMITTEES AS NECESSARY.
8.
EXERCISING THE POWERS AND DUTIES OF THE COMMISSION DURING THE INTERIM BETWEEN COMMISSION MEETINGS, EXCEPT FOR ADOPTING OR AMENDING RULES, ADOPTING OR AMENDING BYLAWS, AND EXERCISING ANY OTHER POWERS AND DUTIES EXPRESSLY RESERVED TO THE COMMISSION BY RULE OR BYLAW.
9.
PERFORMING OTHER DUTIES AS PROVIDED IN THE RULES OR BYLAWS OF THE COMMISSION.
E.
THE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF UP TO ELEVEN MEMBERS AS FOLLOWS:
1.
THE CHAIRPERSON AND VICE CHAIRPERSON OF THE COMMISSION SHALL BE VOTING MEMBERS OF THE EXECUTIVE COMMITTEE.
2.
THE COMMISSION SHALL ELECT FIVE VOTING MEMBERS FROM THE CURRENT MEMBERSHIP OF THE COMMISSION.
3.
UP TO FOUR EX OFFICIO, NONVOTING MEMBERS FROM FOUR RECOGNIZED NATIONAL SOCIAL WORK ORGANIZATIONS SHALL BE SELECTED BY THEIR RESPECTIVE ORGANIZATIONS.
F.
THE COMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE COMMITTEE AS PROVIDED IN THE COMMISSION'S BYLAWS.
G.
THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ANNUALLY.
EXECUTIVE COMMITTEE MEETINGS SHALL BE OPEN TO THE PUBLIC, EXCEPT THAT THE EXECUTIVE COMMITTEE MAY MEET IN A CLOSED, NONPUBLIC MEETING AS PROVIDED IN SUBSECTION I, PARAGRAPH 2 OF THIS SECTION.
THE EXECUTIVE COMMITTEE SHALL GIVE SEVEN DAYS' NOTICE OF ITS MEETINGS, POSTED ON ITS WEBSITE AND AS DETERMINED TO PROVIDE NOTICE TO PERSONS WITH AN INTEREST IN THE BUSINESS OF THE COMMISSION.
THE EXECUTIVE COMMITTEE MAY HOLD A SPECIAL MEETING IN ACCORDANCE WITH SUBSECTION I, PARAGRAPH 1 OF THIS SECTION.
H.
THE COMMISSION SHALL ADOPT AND PROVIDE TO THE MEMBER STATES AN ANNUAL REPORT.
- 31 - S.B.
1295 I.
MEETINGS OF THE COMMISSION ARE AS FOLLOWS:
1.
ALL MEETINGS SHALL BE OPEN TO THE PUBLIC, EXCEPT THAT THE COMMISSION MAY MEET IN A CLOSED, NONPUBLIC MEETING AS PROVIDED IN PARAGRAPH 2 OF THIS SUBSECTION.
PUBLIC NOTICE FOR ALL MEETINGS OF THE FULL COMMISSION SHALL BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULEMAKING PROVISIONS IN SECTION 12 OF THIS COMPACT, EXCEPT THAT THE COMMISSION MAY HOLD A SPECIAL MEETING WHEN IT MUST MEET TO CONDUCT EMERGENCY BUSINESS BY GIVING FORTY-EIGHT HOURS' NOTICE TO ALL COMMISSIONERS, ON THE COMMISSION'S WEBSITE, AND BY OTHER MEANS AS PROVIDED IN THE COMMISSION'S RULES.
THE COMMISSION'S LEGAL COUNSEL SHALL CERTIFY THAT THE COMMISSION'S NEED TO MEET QUALIFIES AS AN EMERGENCY.
2.
THE COMMISSION OR THE EXECUTIVE COMMITTEE OR OTHER COMMITTEES OF THE COMMISSION MAY CONVENE IN A CLOSED, NONPUBLIC MEETING FOR THE COMMISSION OR EXECUTIVE COMMITTEE OR OTHER COMMITTEES OF THE COMMISSION TO RECEIVE LEGAL ADVICE OR TO DISCUSS:
(a) NONCOMPLIANCE OF A MEMBER STATE WITH ITS OBLIGATIONS UNDER THE COMPACT.
(b) THE EMPLOYMENT, COMPENSATION OR DISCIPLINE OR OTHER MATTERS, PRACTICES OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES.
(c) CURRENT OR THREATENED DISCIPLINE OF A LICENSEE BY THE COMMISSION OR BY A MEMBER STATE'S LICENSING AUTHORITY.
(d) CURRENT, THREATENED OR REASONABLY ANTICIPATED LITIGATION.
(e) NEGOTIATION OF CONTRACTS FOR THE PURCHASE, LEASE OR SALE OF GOODS, SERVICES OR REAL ESTATE.
(f) ACCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY PERSON.
(g) TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL.
(h) INFORMATION OF A PERSONAL NATURE IF DISCLOSURE WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY.
(i) INVESTIGATIVE RECORDS COMPILED FOR LAW ENFORCEMENT PURPOSES.
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View plain text versions (4)
- Engrossed Senate Engrossed Version pdf
- Engrossed House Engrossed Version Current pdf
- Amended HOUSE - Floor Amend to Bill - Bliss - passed pdf
- Introduced Introduced Version pdf
Action History
-
DPA
-
House Placed on Consent Calendar
-
DP
-
House Second Reading
-
House First Reading.
-
Transmit to House
-
FAILED
-
PASSED
-
DP
-
DP
-
Senate Second Reading
-
Senate First Reading
Sponsors
- Thomas "T.J." Shope · Cosponsor
- David Gowan · Cosponsor
- Janae Shamp · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 90 not signed on · 11 voted No
Sponsors (1)
- Janae Shamp Republican
Co-sponsors (2)
- Thomas "T.J." Shope Republican
- David Gowan Republican
Not signed on (90)
90 members have not signed on to this bill.
Show all 90 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 5 | 4 | 0 | 2 |
| Unaffiliated | 5 | 3 | 0 | 0 |
| Republican | 7 | 4 | 0 | 0 |
| Total | 17 | 11 | 0 | 2 |
| % of votes cast | 57% | 37% | 0% | 7% |
How each member voted (30)
| Member | Party | Vote |
|---|---|---|
| Anna Hernandez | — | Nay |
| Anthony Kern | — | Nay |
| Christine Marsh | — | Yea |
| Juan Mendez | — | Yea |
| Justine Wadsack | — | Nay |
| Ken Bennett | — | Yea |
| Sine Kerr | — | Yea |
| Sonny Borrelli | — | Yea |
| Brian Fernandez | Democrat | Not Voting |
| Catherine Miranda | Democrat | Nay |
| Denise “Mitzi” Epstein | Democrat | Nay |
| Eva Burch | Democrat | Yea |
| Eva Diaz | Democrat | Not Voting |
| Flavio Bravo | Democrat | Yea |
| Lela Alston | Democrat | Yea |
| Priya Sundareshan | Democrat | Nay |
| Rosanna Gabaldón | Democrat | Nay |
| Sally Ann Gonzales | Democrat | Yea |
| Theresa Hatathlie | Democrat | Yea |
| David C. Farnsworth | Republican | Yea |
| David Gowan | Republican | Yea |
| Frank Carroll | Republican | Yea |
| J.D. Mesnard | Republican | Nay |
| Jake Hoffman | Republican | Nay |
| Janae Shamp | Republican | Yea |
| John Kavanagh | Republican | Yea |
| Shawnna Bolick | Republican | Nay |
| Thomas "T.J." Shope | Republican | Yea |
| Warren Petersen | Republican | Nay |
| Wendy Rogers | Republican | Yea |
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors SB 1295?
- SB 1295 is sponsored by Thomas "T.J." Shope (Republican), David Gowan (Republican), and Janae Shamp (Republican).
- What is the current status of SB 1295?
- This bill died with 56th Legislature - Second Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 1295?
- Track SB 1295 free on One Click Politics — get push/email alerts when it moves.
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