HB 99 — Social Work Licensure Interstate Compact

(4) Encourage the cooperation of member states in regulating multistate practice.

(1) "Active military member" means any individual with Pagefull-time 5ofduty 50status CODING:in the active Armed Forces of the United states including members of the National Guard and Reserve.

(2) "Adverse action" means any administrative, civil, Page 6of 61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 full-timeequitable dutyor statuscriminal inaction thepermitted activeby Armeda Forcesstate's oflaws thewhich Unitedis statesimposed by a licensing authority or other authority against a regulated social worker, including membersactions against an individual's license or multistate authorization to practice such as revocation, suspension, probation, monitoring of the Nationallicensee, Guardlimitation 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 Reserve.desist action.

(2) "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing authority or other authority against a regulated social worker, including 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.

(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 Page 6of7of 5061 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 (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;

Page(11) 7of"Executive 50committee" CODING: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.

Page 8of 61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 (11)(12) "Executive"Home committee"state" means a group of delegates elected or appointed to act on behalf of, and within the powersmember grantedstate tothat themis by, the compactlicensee's andprimary commission.domicile.

(12) "Home state" means the member state that is the licensee's primary domicile.

(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 Pagepractice 8ofin 50all CODING:member states under multistate authorization to practice.

(19) "Qualifying National Exam" means a national licensing Page 9of 61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 practiceexamination inapproved allby memberthe statescommission. under multistate authorization to practice.

(19) "Qualifying National Exam" means a national licensing examination approved by the commission.

(25) "State" means any state, commonwealth, district, or Pageterritory 9ofof 50the CODING:United States of America that regulates the practice of social work.

(26) "Unencumbered license" means a license that Page 10 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 territoryauthorizes ofa theregulated Unitedsocial Statesworker ofto Americaengage thatin regulates the full and unrestricted practice of social work.

(26) "Unencumbered license" means a license that authorizes a regulated social worker to engage in the full and unrestricted practice of social work.

Corresponds to the licensure sought as outlined in PageArticle 10IV. of50 CODING:

(c) Require applicants for clinical licensure to complete a period of supervised practice.

Page 11 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 Article(d) IV.Have a mechanism in place for receiving, investigating, and adjudicating complaints about licensees.

(c) Require applicants for clinical licensure to complete a period of supervised practice.

(d) Have a mechanism in place for receiving, investigating, and adjudicating complaints about licensees.

(a) Require that applicants for a multistate license pass a Qualifying National Exam for the corresponding category of multistate license sought as outlined in Article VI.IV.

(f) 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 Page 1112 of50of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 (f) 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.

ARTICLE IV SOCIAL WORKER PARTICIPATION IN THE COMPACT Page(1) 12To of50be CODING:eligible for a multistate license under this compact, an applicant, regardless of category, must meet all of the following requirements:

Page 13 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 (1)(a) ToHold or be eligible for a multistate license under this compact, an applicant,active, regardlessunencumbered oflicense category,in must meet all of the followinghome requirements:state.

(a) Hold or be eligible for an active, unencumbered license in the home state.

Page1. 13 of50 CODING:

Words strickenare deletions;

words underlined are additions.

hb0099-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99 2024 1.

Licensure of the applicant in their home state at the clinicalPage category,14 beginningof61 beforeCODING: 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;

Words strickenare deletions;

words underlined are additions.

hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB99 2024 clinical category, beginning before 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;

The substantial equivalency of the foregoing practice Pagerequirements 14which of50the CODING:commission may determine by rule.

(3) An applicant for a master's-category multistate license must meet all of the following requirements:

Page 15 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 requirements(a) whichFulfill thea commissioncompetency mayrequirement, determinewhich byshall rule.be satisfied by:

(3) An applicant for a master's-category multistate license must meet all of the following requirements:

(a) Fulfill a competency requirement, which shall be satisfied by:

(4) An applicant for a bachelor's-category multistate Pagelicense 15must of50meet CODING:all of the following requirements:

(a) Fulfill a competency requirement, which shall be satisfied by:

Page 16 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 license1. must meet all of the following requirements:

(a) Fulfill a competency requirement, which shall be satisfied by:

1.

The regulated social worker must maintain compliance with the Pagerequirements 16of of50subsection CODING:(1) to be eligible to renew a multistate license.

(6) The regulated social worker's services in a remote Page 17 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 requirementsstate ofare subsectionsubject (1) to bethat eligiblemember tostate's renewregulatory aauthority. multistate license.

(6) The regulated social worker's services in a remote state are subject to that member state's regulatory authority.

ARTICLE V ISSUANCE OF A MULTISTATE LICENSE (1) Upon receipt of an application for multistate license, the home state licensing authority shall determine the applicant's eligibility for a multistate license in accordance Pagewith 17Article of50IV. CODING:

(2) If such applicant is eligible pursuant to Article IV, the home state licensing authority shall issue a multistate Page 18 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 withlicense Articlethat VI.authorizes the applicant or regulated social worker to practice in all member states under a multistate authorization to practice.

(2) If such applicant is eligible pursuant to Article VI, 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.

(a) Enact and enforce laws, regulations, or other rules related to the practice of social work in that state when those Pagelaws, 18regulations, of50or CODING:other rules are not inconsistent with the provisions of this compact.

(b) Take adverse action against a licensee's single state Page 19 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 laws,license regulations,to orpractice othersocial ruleswork arein notthat inconsistentstate. with the provisions of this compact.

(b) Take adverse action against a licensee's single state license to practice social work in that state.

(a) The licensee shall immediately apply for the reissuance of his or her multistate license in his or her new Pagehome 19state. of50 CODING:

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

Page 20 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 (b) Upon receipt of an application to reissue a multistate license, the new home state.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 licensee shall pay all applicable fees and notify the prior home state in accordance with the rules of the commission.

(b) Upon 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.

(e) 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, then the licensee shall be subject to the new home Pagestate 20requirements of50for CODING:the issuance of a single state license in that state.

(3) If a licensee changes his or her primary state of Page 21 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, then the licensee shall be subject to the state requirements for the issuance of a single state license in thatthe new home state.

(3) If a licensee changes his or her primary state of residence by moving from a member state to a nonmember state, or from a nonmember 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.

ARTICLE IX ADVERSE ACTIONS (1) In addition to the other powers conferred by general Page 2122 of50of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 ADVERSE ACTIONS (1) In addition to the other powers conferred by general law, a remote state shall have the authority, in accordance with existing state due process law, to:

(2) For 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 Pageoccurred 22within of50the CODING:home state.

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

(3) The home state shall complete any pending Page 23 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 occurredinvestigations withinof thea regulated social worker who changes his or her home state.state during the course of the investigations.

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

(3) The home state shall complete any pending investigations of a regulated social worker who changes his or her home state during the course of the investigations.

(7) 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 Page 2324 of50of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 (7) 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.

The administrator of the data system shall promptly notify the home state and all other member state'sstates of any adverse actions by remote states.

(11) This compact does not authorize a member state to impose discipline against a regulated social worker who holds a Pagemultistate 24authorization of50to CODING:practice for lawful actions within another member state.

Page 25 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 multistateARTICLE authorizationX toESTABLISHMENT practiceOF forSOCIAL lawfulWORK actionsLICENSURE withinINTERSTATE anotherCOMPACT COMMISSION (1) The compact member state.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 Interstate Compact Commission.

ARTICLE X ESTABLISHMENT OF SOCIAL WORK LICENSURE INTERSTATE COMPACT COMMISSION (1) 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 Interstate Compact Commission.

The commission shall come into existence on or after the effective date of the compact as set forth in Article XVI.XIV.

(2)(a) Each member state shall have and be limited to one (1) delegate selectedappointed by that member state's licensing authority.

(b) The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term Pagelimits. 25 of50 CODING:

(c) The commission may recommend removal or suspension of any delegate from office.

Page 26 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 limits.(d) A member state's licensing authority shall fill any vacancy of its delegate occurring on the commission within 60 days after the vacancy.

(c) The commission may recommend removal or suspension of any delegate from office.

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

(e) Meet and take such actions as are consistent with the Pageprovisions 26of of50this CODING:compact, the commission's rules, and the bylaws.

(f) Initiate and conclude legal proceedings or actions in Page 27 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 provisionsthe name of thisthe compact,commission, provided that the commission'sstanding rules,of andany thelicensing bylaws.authority to sue or be sued under applicable law may not be affected.

(f) Initiate and conclude legal proceedings or actions in the name of the commission, provided that the standing of any licensing authority to sue or be sued under applicable law may not be affected.

provided that at all times the commission shall avoid Pageany 27appearance of50of CODING:impropriety or conflict of interest.

(n) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided Page 28 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 anyinterest appearancetherein. of impropriety or conflict of interest.

(n) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein.

(4)(a) The executive committee shall have the power to act on behalf of the commission according to the terms of this Pagecompact. 28 of50 CODING:

Words strickenare deletions;

words underlined are additions.

hb0099-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99 2024 compact.

Oversee the day-to-day activities of the administration ofPage the29 compact,of61 includingCODING: enforcement and compliance with the provisions of the compact, its rules and bylaws, and other such duties as deemed necessary.

Words strickenare deletions;

words underlined are additions.

hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB99 2024 of the compact, including enforcement and compliance with the provisions of the compact, its rules and bylaws, and other such duties as deemed necessary.

(b) The executive committee shall be composed of up to 11 Pagemembers: 29 of50 CODING:

Words strickenare deletions;

words underlined are additions.

hb0099-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99 2024 members:

2.Page 30 of61 CODING:

Words strickenare deletions;

words underlined are additions.

hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB99 2024 2.

(a) Public notice for all meetings of the full commission of meetings shall be given in the same manner as required under the rulemaking provisions in Article XII, except that the Page 3031 of50of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 (a) Public notice for all meetings of the full commission of meetings shall be given in the same manner as required under the rulemaking provisions in Article XII, except that the commission may hold a special meeting as provided in paragraph (b).

(7)(a) The commission shall pay, or provide for the Pagepayment 31of, of50the CODING:reasonable expenses of its establishment, organization, and ongoing activities.

(b) The commission may accept any and all appropriate Page 32 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 paymentrevenue of,sources theas reasonableprovided expensesin ofparagraph its(3)(m). establishment, organization, and ongoing activities.

(b) The commission may accept any and all appropriate revenue sources as provided in paragraph (3)(m).

However, all receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report Pageof 32the of50commission. CODING:

(8)(a) The members, officers, executive director, employees, and representatives of the commission shall be immune Page 33 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 from suit and liability, both personally and in their official capacity, 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 commission.person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities;

(8)(a) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, both personally and in their official capacity, 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 person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities;

provided that nothing herein shall Pagebe 33construed of50to CODING:prohibit that person from retaining his or her own counsel at his or her own expense;

and provided further that the actual or alleged act, error, or omission did not result Page 34 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 befrom construed to prohibit that personperson's fromintentional retaining his or herwillful own counsel at his or herwanton ownmisconduct. expense;

and provided further that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.

Page(f) 34This of50compact CODING:may not be construed to be a waiver of sovereign immunity by the member states or by the commission.

Page 35 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 (f)ARTICLE ThisXI compactDATA maySYSTEM not(1) beThe construedcommission toshall beprovide afor waiverthe ofdevelopment, sovereignmaintenance, immunityoperation, byand theutilization memberof statesa orcoordinated bydata thesystem. commission.

ARTICLE XI DATA SYSTEM (1) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated data system.

Page(e) 35Any of50denial CODING:of application for licensure, and the reason for such denial.

(f) The presence of current significant investigative Page 36 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 (e)information. Any denial of application for licensure, and the reason for such denial.

(f) The presence of current significant investigative information.

(6) Member states contributing information to the data system may designate information that may not be shared with the Pagepublic 36without of50the CODING:express permission of the contributing state.

(7) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the Page 37 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 publicmember withoutstate contributing the expressinformation permissionshall ofbe removed from the contributingdata state.system.

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

(2) The rules of the commission shall have the force of law in each member state, provided, however, that if the rules of the commission conflict with the laws of the member state that establish the member state's laws, regulations, 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 Pagethe 37conflict. of50 CODING:

(3) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules Page 38 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 theadopted conflict.thereunder.

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

(c) In such other way as the commission may by rule Pagespecify. 38 of50 CODING:

(8) The notice of proposed rulemaking shall include:

(a) The time, date, and location of the public hearing at Page 39 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 specify.which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the commission will consider and vote on the proposed rule.

(8) The notice of proposed rulemaking shall include:

(a) The 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 of the meeting where the commission will consider and vote on the proposed rule.

(11) The commission shall, by majority vote of all members, take final action on the proposed rule based on the Pagerulemaking 39record of50and CODING:the full text of the rule.

(a) The commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the Page 40 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 rulemakingproposed record and the full text of the rule.

(a) The commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.

Page(c) 40Meet of50a CODING:deadline for the adoption of a rule that is established by federal law or rule;

or (d) Protect public health and safety.

Page 41 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 (c)(13) MeetThe acommission deadlineor foran theauthorized adoptioncommittee of the commission may direct revisions to a previously adopted rule thatfor ispurposes establishedof bycorrecting federaltypographical lawerrors, errors in format, errors in consistency, or rule;grammatical errors.

or (d) Protect public health and safety.

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

ARTICLE XIII OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT (1)(a) 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 the Pagecompact. 41 of50 CODING:

(b) Except as otherwise provided in this compact, venue is proper and judicial proceedings by or against the commission Page 42 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 compact.shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located.

(b) Except as otherwise provided in this 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 commission is located.

The notice of default shall describe the default, the proposed means of curing the default, and any other action that the commission may take, and shall offer training and specific Pagetechnical 42assistance of50regarding CODING:the default.

(b) The commission shall provide a copy of the notice of default to the other member states.

Page 43 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 technical(3) assistanceIf regardinga state in default fails to cure the default.default, the defaulting state may be terminated from the 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.

(b) The commission shall provide a copy of the notice of default to the other member states.

(3) If a state in default fails to cure the default, the defaulting state may be terminated from the 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 terminated Pagestate 43shall of50continue CODING:to recognize all licenses granted pursuant to this compact for a minimum of 6 months after the date of said notice of termination.

Page 44 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 state(7) shallThe continuecommission may not bear any costs related to recognizea allstate licensesthat grantedis pursuantfound to thisbe compactin fordefault aor minimumthat ofhas 6been monthsterminated afterfrom the datecompact, ofunless saidagreed noticeupon ofin termination.writing between the commission and the defaulting state.

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

(10)(a) By majority vote as provided by rule, the commission may initiate legal action against a member state in default in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of Pagethe 44compact of50and CODING:its adopted rules.

The relief sought may include both injunctive relief and damages.

In the event judicial enforcement is necessary, the prevailing party shall be awarded Page 45 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 theall compactcosts andof itssuch adoptedlitigation, rules.including reasonable attorney fees.

The relief sought may include both injunctive relief and damages.

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

(2)(a) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the first seven charter member states to determine if the statute Page 4546 of50of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 (2)(a) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the first seven charter member states to determine if the statute enacted by each such charter member state is materially different than the model compact statute.

(d) Any state that joins the compact subsequent to the Pagecommission's 46initial of50adoption CODING:of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the compact becomes law in that state.

Any rule that has Page 47 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 commission'sbeen initialpreviously adoptionadopted ofby the rulescommission and bylaws shall behave subject to the rulesfull force and bylawseffect asof theylaw exist on the dateday on which the compact becomes law in that state.

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

Page(5) 47This of50compact CODING:may be amended by the member states.

Any amendment to this compact is not effective and binding upon any member state until it is enacted into the laws of all member Page 48 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 (5) This compact may be amended by the member states.

Any amendment to this compact is not effective and binding upon any member state until it is enacted into the laws of all member states.

(3) Notwithstanding subsection (2), the commission may deny a state's participation in the compact or, in accordance with the requirements of subsection (2) of Article XIII, terminate a member state's participation in the compact, if it Page 4849 of50of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 deny a state's participation in the compact or, in accordance with the requirements of subsection (2) of Article XIII, terminate a member state's participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact.

(4) All permissible agreements between the commission and Pagethe 49member of50states CODING:are binding in accordance with their terms.

Section 2.

Subsection (10) of section 456.073, Florida Statutes, is amended to read:

Page 50 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB99CS/HB99 2024 the456.073 memberDisciplinary statesproceedings.—Disciplinary areproceedings bindingfor ineach accordanceboard withshall theirbe terms.within the jurisdiction of the department.

Section(10) 2.The complaint and all information obtained pursuant to the investigation by the department are confidential and exempt from s.

This119.07(1) actuntil shall10 takedays effectafter Julyprobable 1,cause 2024.has been found to exist by the probable cause panel or by the department, or until the regulated professional or subject of the investigation waives his or her privilege of confidentiality, whichever occurs first.

PageThe 50department of50shall CODING:report any significant investigation information relating to a nurse holding a multistate license to the coordinated licensure information system pursuant to s.

464.0095, and any significant investigatory information relating to a health care practitioner practicing under the Professional Counselors Licensure Compact to the data system pursuant to s.

491.017, and any significant investigatory information relating to a psychologist practicing under the Psychology Interjurisdictional Compact to the coordinated licensure information system pursuant to s.

490.0075, and any significant investigatory information relating a clinical social worker practicing under the Social Work Licensure Interstate Compact to the data system pursuant to s.

491.022.

Upon completion of the investigation and a recommendation by the department to find probable cause, and pursuant to a written request by the subject or the subject's Page 51 of61 CODING:

hb0099-00hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB99 2024 attorney, the department shall provide the subject an opportunity to inspect the investigative file or, at the subject's expense, forward to the subject a copy of the investigative file.

Notwithstanding s.

456.057, the subject may inspect or receive a copy of any expert witness report or patient record connected with the investigation if the subject agrees in writing to maintain the confidentiality of any information received under this subsection until 10 days after probable cause is found and to maintain the confidentiality of patient records pursuant to s.

456.057.

The subject may file a written response to the information contained in the investigative file.

Such response must be filed within 20 days of mailing by the department, unless an extension of time has been granted by the department.

This subsection does not prohibit the department from providing such information to any law enforcement agency or to any other regulatory agency.

Section 3.

Subsection (5) of section 456.076, Florida Statutes, is amended to read:

456.076 Impaired practitioner programs.— (5) A consultant shall enter into a participant contract with an impaired practitioner and shall establish the terms of monitoring and shall include the terms in a participant contract.

In establishing the terms of monitoring, the consultant may consider the recommendations of one or more approved evaluators, treatment programs, or treatment providers.

Page 52 of61 CODING:

Words strickenare deletions;

words underlined are additions.

hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB99 2024 A consultant may modify the terms of monitoring if the consultant concludes, through the course of monitoring, that extended, additional, or amended terms of monitoring are required for the protection of the health, safety, and welfare of the public.

If the impaired practitioner is a health care practitioner practicing under the Professional Counselors Licensure Compact pursuant to s.

491.017, the terms of the monitoring contract must include the impaired practitioner's withdrawal from all practice under the compact.

If the impaired practitioner is a psychologist practicing under the Psychology Interjurisdictional Compact pursuant to s.

490.0075, the terms of the monitoring contract must include the impaired practitioner's withdrawal from all practice under the compact.

If the impaired practitioner is a clinical social worker practicing under the Social Work Licensure Interstate Compact, pursuant to s.

491.022, the terms of the monitoring contract must include the impaired practitioner's withdrawal from all practice under the compact.

Section 4.

Subsection (9) is added to section 491.004, Florida Statutes, to read:

491.004 Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling.— (9) The board shall appoint an individual to serve as the state's delegate on the Social Work Licensure Interstate Compact Commission as required under s.

491.022.

Page 53 of61 CODING:

Words strickenare deletions;

words underlined are additions.

hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB99 2024 Section 5.

Subsection (6) of section 491.005, Florida Statutes, is amended to read:

491.005 Licensure by examination.— (6) EXEMPTIONS EXEMPTION.— (a) A person licensed as a clinical social worker, marriage and family therapist, or mental health counselor in another state who is practicing under the Professional Counselors Licensure Compact pursuant to s.

491.017, and only within the scope provided therein, is exempt from the licensure requirements of this section, as applicable.

(b) A person licensed as a clinical social worker in another state who is practicing under the Social Worker Licensure Interstate Compact pursuant to s.

491.022, and only within the scope provided therein, is exempt from the licensure requirements of this section, as applicable.

Section 6.

Subsection (4) is added to section 491.006, Florida Statutes, to read:

491.006 Licensure or certification by endorsement.— (4) A person licensed as a clinical social worker in another state who is practicing under the Social Worker Licensure Interstate Compact pursuant to s.

491.022, and only within the scope provided therein, is exempt from the licensure requirements of this section, as applicable.

Section 7.

Subsection (1) of section 491.009, Florida Statutes, is amended, and paragraph (c) is added to subsection Page 54 of61 CODING:

Words strickenare deletions;

words underlined are additions.

hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB99 2024 (2) of that section, to read:

491.009 Discipline.— (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s.

456.072(2), or s.

491.017, or s.

491.022:

(a) Attempting to obtain, obtaining, or renewing a license, registration, or certificate under this chapter by bribery or fraudulent misrepresentation or through an error of the board or the department.

(b) Having a license, registration, or certificate to practice a comparable profession revoked, suspended, or otherwise acted against, including the denial of certification or licensure by another state, territory, or country.

(c) Being convicted or found guilty of, regardless of adjudication, or having entered a plea of nolo contendere to, a crime in any jurisdiction which directly relates to the practice of his or her profession or the ability to practice his or her profession.

However, in the case of a plea of nolo contendere, the board shall allow the person who is the subject of the disciplinary proceeding to present evidence in mitigation relevant to the underlying charges and circumstances surrounding the plea.

(d) False, deceptive, or misleading advertising or obtaining a fee or other thing of value on the representation that beneficial results from any treatment will be guaranteed.

Page 55 of61 CODING:

Words strickenare deletions;

words underlined are additions.

hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB99 2024 (e) Advertising, practicing, or attempting to practice under a name other than one's own.

(f) Maintaining a professional association with any person who the applicant, licensee, registered intern, or certificateholder knows, or has reason to believe, is in violation of this chapter or of a rule of the department or the board.

(g) Knowingly aiding, assisting, procuring, or advising any nonlicensed, nonregistered, or noncertified person to hold himself or herself out as licensed, registered, or certified under this chapter.

(h) Failing to perform any statutory or legal obligation placed upon a person licensed, registered, or certified under this chapter.

(i) Willfully making or filing a false report or record;

failing to file a report or record required by state or federal law;

willfully impeding or obstructing the filing of a report or record;

or inducing another person to make or file a false report or record or to impede or obstruct the filing of a report or record.

Such report or record includes only a report or record which requires the signature of a person licensed, registered, or certified under this chapter.

(j) Paying a kickback, rebate, bonus, or other remuneration for receiving a patient or client, or receiving a kickback, rebate, bonus, or other remuneration for referring a Page 56 of61 CODING:

Words strickenare deletions;

words underlined are additions.

hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB99 2024 patient or client to another provider of mental health care services or to a provider of health care services or goods;

referring a patient or client to oneself for services on a fee- paid basis when those services are already being paid for by some other public or private entity;

or entering into a reciprocal referral agreement.

(k) Committing any act upon a patient or client which would constitute sexual battery or which would constitute sexual misconduct as defined pursuant to s.

491.0111.

(l) Making misleading, deceptive, untrue, or fraudulent representations in the practice of any profession licensed, registered, or certified under this chapter.

(m) Soliciting patients or clients personally, or through an agent, through the use of fraud, intimidation, undue influence, or a form of overreaching or vexatious conduct.

(n) Failing to make available to a patient or client, upon written request, copies of tests, reports, or documents in the possession or under the control of the licensee, registered intern, or certificateholder which have been prepared for and paid for by the patient or client.

(o) Failing to respond within 30 days to a written communication from the department or the board concerning any investigation by the department or the board, or failing to make available any relevant records with respect to any investigation about the licensee's, registered intern's, or Page 57 of61 CODING:

Words strickenare deletions;

words underlined are additions.

hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB99 2024 certificateholder's conduct or background.

(p) Being unable to practice the profession for which he or she is licensed, registered, or certified under this chapter with reasonable skill or competence as a result of any mental or physical condition or by reason of illness;

drunkenness;

or excessive use of drugs, narcotics, chemicals, or any other substance.

In enforcing this paragraph, upon a finding by the State Surgeon General, the State Surgeon General's designee, or the board that probable cause exists to believe that the licensee, registered intern, or certificateholder is unable to practice the profession because of the reasons stated in this paragraph, the department shall have the authority to compel a licensee, registered intern, or certificateholder to submit to a mental or physical examination by psychologists, physicians, or other licensees under this chapter, designated by the department or board.

If the licensee, registered intern, or certificateholder refuses to comply with such order, the department's order directing the examination may be enforced by filing a petition for enforcement in the circuit court in the circuit in which the licensee, registered intern, or certificateholder resides or does business.

The licensee, registered intern, or certificateholder against whom the petition is filed may not be named or identified by initials in any public court records or documents, and the proceedings shall be closed to the public.

The department shall be entitled to the Page 58 of61 CODING:

Words strickenare deletions;

words underlined are additions.

hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB99 2024 summary procedure provided in s.

51.011.

A licensee, registered intern, or certificateholder affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume the competent practice for which he or she is licensed, registered, or certified with reasonable skill and safety to patients.

(q) Performing any treatment or prescribing any therapy which, by the prevailing standards of the mental health professions in the community, would constitute experimentation on human subjects, without first obtaining full, informed, and written consent.

(r) Failing to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance, including the undertaking of activities for which the licensee, registered intern, or certificateholder is not qualified by training or experience.

(s) Delegating professional responsibilities to a person who the licensee, registered intern, or certificateholder knows or has reason to know is not qualified by training or experience to perform such responsibilities.

(t) Violating a rule relating to the regulation of the profession or a lawful order of the department or the board previously entered in a disciplinary hearing.

(u) Failure of the licensee, registered intern, or certificateholder to maintain in confidence a communication made Page 59 of61 CODING:

Words strickenare deletions;

words underlined are additions.

hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB99 2024 by a patient or client in the context of such services, except as provided in s.

491.0147.

(v) Making public statements which are derived from test data, client contacts, or behavioral research and which identify or damage research subjects or clients.

(w) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.

(2) (c) The board may take adverse action against a clinical social worker's privilege to practice under the Social Worker Licensure Interstate Compact pursuant to s.

491.022, and may impose any of the penalties in s.

456.072(2) if the clinical social worker commits an act specified in subsection (1) or s.

456.072(1).

Section 8.

Paragraph (j) is added subsection (10) of section 768.28, Florida Statutes, to read:

768.28 Waiver of sovereign immunity in tort actions;

recovery limits;

civil liability for damages caused during a riot;

limitation on attorney fees;

statute of limitations;

exclusions;

indemnification;

risk management programs.— (10) (j) For purposes of this section, the individual appointed under s.

491.004(9) as the state's delegate on the Social Work Licensure Compact Commission, pursuant to s.

491.022, and any administrator, officer, executive director, employee, or Page 60 of61 CODING:

Words strickenare deletions;

words underlined are additions.

hb0099-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB99 2024 representative of the commission, when acting within the scope of his or her employment, duties, or responsibilities in this state, is considered an agent of the state.

The commission shall pay any claims or judgments pursuant to this section and may maintain insurance coverage to pay any such claims or judgments.

Section 9.

The Department of Health shall notify the Division of Law Revision upon the enactment of the Social Work Licensure Interstate Compact into law by seven states.

Section 10.

This act shall take effect upon enactment of the Social Work Licensure Interstate Compact into law by seven states.

Page 61 of61 CODING:

Words strickenare deletions;

words underlined are additions.

hb0099-01-c1