Florida Senate - 2026 SB 74
By Senator Harrell
31-00218-26 202674__
1 A bill to be entitled
2 An act relating to the Social Work Licensure
3 Interstate Compact; creating s. 491.022, F.S.;
4 creating the Social Work Licensure Interstate Compact;
5 providing a purpose and objectives of the compact;
6 defining terms; specifying requirements for state
7 participation in the compact; specifying requirements
8 for member states to maintain membership in the
9 compact; requiring member states to designate the
10 categories of social work licensure which are eligible
11 for issuance of a multistate license in such states;
12 specifying criteria licensed social workers must meet
13 to be issued a multistate license under the compact;
14 providing additional requirements based on the
15 licensure category of such social workers; providing
16 for the renewal of multistate licenses; specifying
17 that a licensed social worker’s services provided in a
18 remote state are subject to that remote member state’s
19 regulatory authority; authorizing remote states to act
20 on a licensee’s multistate authorization to practice;
21 specifying the consequences and parameters of practice
22 for a licensee whose multistate license or multistate
23 authorization to practice is encumbered; specifying
24 procedures for issuing multistate licenses; providing
25 for the recognition of multistate licenses in all
26 member states; providing construction; specifying that
27 a licensed social worker may hold a home state license
28 in only one member state at a time; specifying
29 requirements and procedures for reissuing a multistate
30 license by a new home state; providing construction;
31 authorizing active duty military personnel or their
32 spouses to keep their home state designation during
33 active duty; authorizing member states to take adverse
34 action against a licensee’s multistate authorization
35 to practice and to issue subpoenas for hearings and
36 investigations under certain circumstances; providing
37 requirements and procedures for such adverse actions
38 and subpoenas; authorizing member states to recover
39 costs of investigations and depositions from the
40 affected licensed social workers in adverse actions;
41 authorizing member states to engage in joint
42 investigations under certain circumstances; providing
43 that a licensee’s multistate authorization to practice
44 must be deactivated in all member states for the
45 duration of an encumbrance imposed by the licensee’s
46 home state; providing for notice to the data system
47 and the licensee’s home state of any adverse action
48 taken against a licensee; providing construction;
49 establishing the Social Work Licensure Compact
50 Commission; providing for membership, meetings, and
51 powers of the commission; providing for powers,
52 duties, membership, and meetings of the commission’s
53 executive committee; requiring the commission to adopt
54 annual reports and provide them to member states;
55 providing public notice and records requirements for
56 meetings of the commission; authorizing the commission
57 to hold closed, nonpublic meetings under certain
58 circumstances; providing for the financing of the
59 commission; providing commission members, officers,
60 executive directors, employees, and representatives
61 immunity from civil liability under certain
62 circumstances; providing construction; requiring the
63 commission to defend the commission’s members,
64 officers, executive directors, employees, and
65 representatives in civil actions under certain
66 circumstances; providing construction; requiring the
67 commission to indemnify and hold harmless such
68 individuals for any settlement or judgment obtained in
69 such actions under certain circumstances; providing
70 construction; providing for the development of the
71 data system, reporting procedures, and the exchange of
72 specified information between member states; requiring
73 member states to report any adverse action taken
74 against a licensee and monitor the data system for
75 adverse action taken against a licensee in other
76 member states; authorizing member states to designate
77 as confidential information provided to the data
78 system; requiring the commission to remove information
79 from the data system under certain circumstances;
80 providing rulemaking procedures for the commission,
81 including public notice and meeting requirements;
82 providing for member state enforcement of the compact;
83 providing for the jurisdiction and venue for court
84 proceedings brought against the commission; specifying
85 that the commission is entitled to receive service of
86 process, and has standing to intervene, in certain
87 judicial and administrative proceedings; rendering
88 certain judgments and orders void as to the
89 commission, the compact, or commission rules under
90 certain circumstances; providing for defaults,
91 technical assistance, and termination of compact
92 membership; providing procedures for the resolution of
93 certain disputes; providing for commission enforcement
94 of the compact; providing for remedies; providing that
95 only a member state may seek enforcement of the
96 compact against the commission; providing for
97 implementation of, withdrawal from, and amendment to
98 the compact; providing construction and severability;
99 specifying that licensees providing services in a
100 remote state under the compact must adhere to the laws
101 and rules of the remote state; providing construction;
102 amending s. 456.073, F.S.; requiring the Department of
103 Health to report certain investigative information to
104 the data system of the Social Work Interstate
105 Licensure Compact; amending s. 456.076, F.S.;
106 requiring that monitoring contracts for impaired
107 practitioners participating in treatment programs
108 contain certain terms; amending s. 491.004, F.S.;
109 requiring the Board of Clinical Social Work, Marriage
110 and Family Therapy, and Mental Health Counseling to
111 appoint an individual to serve as the state’s delegate
112 on the Social Work Licensure Compact Commission;
113 amending ss. 491.005 and 491.006, F.S.; exempting
114 social workers practicing under the compact from
115 certain licensure requirements; amending s. 491.009,
116 F.S.; authorizing certain disciplinary action under
117 the compact for specified prohibited acts; amending s.
118 768.28, F.S.; designating the state delegate and other
119 members or employees of the commission as state agents
120 for the purpose of applying waivers of sovereign
121 immunity; requiring the commission to pay certain
122 claims or judgments; authorizing the commission to
123 maintain insurance coverage to pay such claims or
124 judgments; providing an effective date.
125
126 Be It Enacted by the Legislature of the State of Florida:
127
128 Section 1. Section 491.022, Florida Statutes, is created to
129 read:
130 491.022 Social Work Licensure Interstate Compact.—The
131 Social Work Licensure Interstate Compact is hereby enacted into
132 law and entered into by this state with all other states legally
133 joining therein in the form substantially as follows:
134
135 ARTICLE I
136 PURPOSE
137
138 (1) The purpose of the compact is to facilitate interstate
139 practice of regulated social workers by improving public access
140 to competent social work services.
141 (2) The compact preserves the regulatory authority of
142 member states to protect public health and safety through the
143 current system of state licensure. The compact is designed to
144 achieve all of the following objectives:
145 (a) Increase public access to social work services.
146 (b) Reduce overly burdensome and duplicative requirements
147 associated with holding multiple licenses.
148 (c) Enhance member states’ ability to protect the public’s
149 health and safety.
150 (d) Encourage the cooperation of member states in
151 regulating multistate practice of regulated social workers.
152 (e) Promote mobility and address workforce shortages by
153 eliminating the necessity for licenses in multiple states by
154 providing for the mutual recognition of other member state
155 licenses.
156 (f) Support military families.
157 (g) Facilitate the exchange of licensure and disciplinary
158 information among member states.
159 (h) Authorize all member states to hold a regulated social
160 worker accountable for abiding by the laws, regulations, and
161 applicable professional standards in the member state in which
162 the client is located at the time care is rendered.
163 (i) Allow for the use of telehealth to facilitate increased
164 access to social work services.
165
166 ARTICLE II
167 DEFINITIONS
168
169 As used in the compact, the term:
170 (1) “Active military member” means any individual on full
171 time duty status in the active Armed Forces of the United
172 States, including members of the National Guard and Reserve.
173 (2) “Adverse action” means any administrative, civil,
174 equitable, or criminal action authorized by a state’s laws which
175 is imposed by a licensing authority or other authority against a
176 regulated social worker, including actions against an
177 individual’s license or multistate authorization to practice,
178 such as revocation, suspension, probation, monitoring of the
179 licensee, limitation on the licensee’s practice, or any other
180 encumbrance on licensure affecting a regulated social worker’s
181 authorization to practice, including issuance of a cease and
182 desist action.
183 (3) “Alternative program” means a nondisciplinary
184 monitoring or practice remediation process approved by a
185 licensing authority to address practitioners with an impairment.
186 (4) “Charter member state” means a member state that
187 enacted legislation to adopt the compact where such legislation
188 predates the effective date of the compact as described in
189 Article XIV.
190 (5) “Commission” means the government agency whose
191 membership consists of all states that have enacted the compact,
192 which is known as the Social Work Licensure Compact Commission,
193 as described in Article X, and which shall operate as an
194 instrumentality of the member states.
195 (6) “Current significant investigative information” means:
196 (a) Investigative information that a licensing authority,
197 after a preliminary inquiry that includes notification and an
198 opportunity for the regulated social worker to respond, has
199 reason to believe is not groundless and, if proved true, would
200 indicate more than a minor infraction as may be defined by the
201 commission; or
202 (b) Investigative information that indicates that the
203 regulated social worker represents an immediate threat to public
204 health and safety, as defined by the commission, regardless of
205 whether the regulated social worker has been notified and has
206 had an opportunity to respond.
207 (7) “Data system” means a repository of information about
208 licensees, including, but not limited to, continuing education,
209 examination records, licensure status, current significant
210 investigative information, disqualifying events, multistate
211 licenses, adverse action information, and any other information
212 required by the commission.
213 (8) “Disqualifying event” means any adverse action or
214 incident that results in an encumbrance that disqualifies or
215 makes the licensee ineligible to obtain, retain, or renew a
216 multistate license.
217 (9) “Domicile” means the jurisdiction in which a licensee
218 resides and intends to remain indefinitely.
219 (10) “Encumbrance” means a revocation or suspension of, or
220 any limitation on, the full and unrestricted practice of social
221 work as licensed and regulated by a licensing authority.
222 (11) “Executive committee” means a group of delegates
223 elected or appointed to act on behalf of, and within the powers
224 granted to them by, the compact and commission.
225 (12) “Home state” means the member state that is a
226 licensee’s primary domicile.
227 (13) “Impairment” means a condition that may impair a
228 practitioner’s ability to engage in full and unrestricted
229 practice as a regulated social worker without some type of
230 intervention and may include, but is not limited to, alcohol and
231 drug dependence, a mental health impairment, or a neurological
232 or physical impairment.
233 (14) “Licensee” means an individual who currently holds a
234 license from a state to practice as a regulated social worker.
235 (15) “Licensing authority” means the board or agency of a
236 member state, or an equivalent, which is responsible for the
237 licensing and regulation of regulated social workers.
238 (16) “Member state” means a state, commonwealth, district,
239 or territory of the United States which has enacted the compact.
240 (17) “Multistate authorization to practice” means a legally
241 authorized privilege to practice which is equivalent to a
242 license associated with a multistate license authorizing the
243 practice of social work in a remote state.
244 (18) “Multistate license” means a license to practice as a
245 regulated social worker issued by a home state’s licensing
246 authority which authorizes the regulated social worker to
247 practice in all member states under the multistate authorization
248 to practice.
249 (19) “Qualifying national exam” means a national licensing
250 examination approved by the commission.
251 (20) “Regulated social worker” means any clinical,
252 master’s, or bachelor’s social worker licensed by a member state
253 regardless of the title used by that member state.
254 (21) “Remote state” means a member state other than the
255 licensee’s home state.
256 (22) “Rule” means a regulation adopted by the commission,
257 as authorized by the compact, which regulation has the force of
258 law.
259 (23) “Single-state license” means a license to practice
260 social work issued by any state which authorizes practice only
261 within the issuing state. The term does not include a multistate
262 authorization to practice in any member state.
263 (24) “Social work” or “social work services” means the
264 application of social work theory, knowledge, methods, and
265 ethics and the professional use of self to restore or enhance
266 social, psychosocial, or biopsychosocial functioning of
267 individuals, couples, families, groups, organizations, and
268 communities through the care and services provided by a
269 regulated social worker as provided in the member state’s
270 statutes and regulations in the state where the services are
271 being provided.
272 (25) “State” means any state, commonwealth, district, or
273 territory of the United States which regulates the practice of
274 social work.
275 (26) “Unencumbered license” means a license that authorizes
276 a regulated social worker to engage in the full and unrestricted
277 practice of social work.
278
279 ARTICLE III
280 STATE PARTICIPATION IN THE COMPACT
281
282 (1) To be eligible to participate in the compact, a
283 potential member state must meet all of the following criteria
284 at the time of joining the compact:
285 (a) License and regulate the practice of social work at the
286 clinical, master’s, or bachelor’s level.
287 (b) Require applicants for licensure to graduate from a
288 program that:
289 1. Is operated by a college or university recognized by the
290 state’s licensing authority;
291 2. Is accredited, or in candidacy by an institution that
292 subsequently becomes accredited, by an accrediting agency
293 recognized by either:
294 a. The Council for Higher Education Accreditation, or its
295 successor; or
296 b. The United States Department of Education; and
297 3. Corresponds to the corresponding category of multistate
298 license sought, as outlined in Article IV.
299 (c) Require applicants for clinical licensure to complete a
300 period of supervised practice.
301 (d) Have a mechanism in place for receiving, investigating,
302 and adjudicating complaints about licensees.
303 (2) To maintain membership in the compact, a member state
304 must:
305 (a) Require applicants for a multistate license to pass a
306 qualifying national exam for the corresponding category of
307 multistate license sought, as outlined in Article IV;
308 (b) Participate fully in the commission’s data system,
309 including using the commission’s unique identifier as defined by
310 commission rule;
311 (c) Notify the commission, in compliance with the terms of
312 the compact and rules, of any adverse action or the availability
313 of current significant investigative information regarding a
314 licensee;
315 (d) Implement procedures for considering the criminal
316 history records of applicants for a multistate license. Such
317 procedures must include the submission of fingerprints or other
318 biometric-based information by applicants for the purpose of
319 obtaining an applicant’s criminal history record information
320 from the Federal Bureau of Investigation and the agency
321 responsible for retaining that state’s criminal records;
322 (e) Comply with the rules of the commission;
323 (f) Require an applicant to obtain or retain a license in
324 the home state and meet the home state’s qualifications for
325 licensure or renewal of licensure, as well as all other
326 applicable home state laws;
327 (g) Authorize a licensee holding a multistate license in
328 any member state to practice in accordance with the terms of the
329 compact and rules of the commission; and
330 (h) Designate a delegate to participate in commission
331 meetings.
332 (3) A member state meeting the requirements under
333 subsections (1) and (2) shall designate the categories of social
334 work licensure which are eligible for issuance of a multistate
335 license for applicants in such member state. To the extent that
336 any member state does not meet the requirements for
337 participation in the compact for any category of social work
338 licensure, such member state may, but is not obligated to, issue
339 a multistate license to applicants who otherwise meet the
340 requirements of Article IV for issuance of a multistate license
341 in such category or categories of licensure.
342
343 ARTICLE IV
344 SOCIAL WORKER PARTICIPATION IN THE COMPACT
345
346 (1) To be eligible for a multistate license under the
347 compact, an applicant must, regardless of license category, meet
348 all of the following criteria:
349 (a) Hold or be eligible for an active, unencumbered license
350 in the home state.
351 (b) Submit, in connection with an application for a
352 multistate license, fingerprints or other biometric-based data
353 for the purpose of obtaining criminal history record information
354 from the Federal Bureau of Investigation and the agency
355 responsible for retaining that state’s criminal records.
356 (c) Notify the home state of any adverse action,
357 encumbrance, or restriction on any professional license taken by
358 any member state or nonmember state within 30 days after the
359 date the action is taken.
360 (d) Meet any continuing competency requirements established
361 by the home state.
362 (e) Abide by the laws, regulations, and applicable
363 standards in the member state where the client is located at the
364 time care is rendered.
365 (2) An applicant for a clinical-category multistate license
366 must meet all of the following requirements:
367 (a) Fulfill a competency requirement, which may be
368 satisfied by any of the following:
369 1. Passage of a clinical-category qualifying national exam;
370 2. For an applicant licensed before a qualifying national
371 exam was required by the home state in the clinical category,
372 licensure of the applicant in his or her home state in the
373 clinical category, accompanied by a period of continuous social
374 work licensure thereafter, all of which may be further governed
375 by the rules of the commission; or
376 3. The substantial equivalency of the foregoing competency
377 requirements which the commission may determine by rule.
378 (b) Attain at least a master’s degree in social work from a
379 program that is:
380 1. Operated by a college or university recognized by the
381 home state’s licensing authority; and
382 2. Accredited, or in candidacy by an institution that
383 subsequently receives accreditation, by an accrediting agency
384 recognized by either:
385 a. The Council for Higher Education Accreditation or its
386 successor; or
387 b. The United States Department of Education.
388 (c) Fulfill a practice requirement, which may be satisfied
389 by demonstrating completion of any of the following:
390 1. A period of postgraduate supervised clinical practice
391 equal to a minimum of 3,000 hours;
392 2. A minimum of 2 years of full-time postgraduate
393 supervised clinical practice; or
394 3. The substantial equivalency of the foregoing practice
395 requirements which the commission may determine by rule.
396 (3) An applicant for a master’s-category multistate license
397 must meet all of the following requirements:
398 (a) Fulfill a competency requirement, which may be
399 satisfied by any of the following:
400 1. Passage of a master’s-category qualifying national exam;
401 2. For an applicant licensed before a qualifying national
402 exam was required by the home state in the master’s category,
403 licensure of the applicant in his or her home state in the
404 master’s category, accompanied by a continuous period of social
405 work licensure thereafter, all of which may be further governed
406 by the rules of the commission; or
407 3. The substantial equivalency of the foregoing competency
408 requirements which the commission may determine by rule.
409 (b) Attain at least a master’s degree in social work from a
410 program that is:
411 1. Operated by a college or university recognized by the
412 home state’s licensing authority; and
413 2. Accredited, or in candidacy by an institution that
414 subsequently becomes accredited, by an accrediting agency
415 recognized by either:
416 a. The Council for Higher Education Accreditation or its
417 successor; or
418 b. The United States Department of Education.
419 (4) An applicant for a bachelor’s-category multistate
420 license must meet all of the following requirements:
421 (a) Fulfill a competency requirement, which may be
422 satisfied by:
423 1. Passage of a bachelor’s-category qualifying national
424 exam;
425 2. For an applicant licensed before a qualifying national
426 exam was required by the home state in the bachelor’s category,
427 licensure of the applicant in his or her home state at the
428 bachelor’s category, accompanied by a period of continuous
429 social work licensure thereafter, all of which may be further
430 governed by the rules of the commission; or
431 3. The substantial equivalency of the foregoing competency
432 requirements which the commission may determine by rule.
433 (b) Attain at least a bachelor’s degree in social work from
434 a program that is:
435 1. Operated by a college or university recognized by the
436 home state’s licensing authority; and
437 2. Accredited, or in candidacy by an institution that
438 subsequently becomes accredited, by an accrediting agency
439 recognized by either:
440 a. The Council for Higher Education Accreditation or its
441 successor; or
442 b. The United States Department of Education.
443 (5) The multistate license for a regulated social worker is
444 subject to the renewal requirements of the home state. The
445 regulated social worker must maintain compliance with the
446 requirements of subsection (1) to be eligible to renew a
447 multistate license.
448 (6) The regulated social worker’s services in a remote
449 state are subject to that remote member state’s regulatory
450 authority. A remote state may, in accordance with due process
451 and that remote member state’s laws, remove a regulated social
452 worker’s multistate authorization to practice in the remote
453 state for a specific period of time, impose fines, and take any
454 other necessary actions to protect the health and safety of its
455 citizens.
456 (7) If a multistate license is encumbered, the regulated
457 social worker’s multistate authorization to practice must be
458 deactivated in all remote states until the multistate license is
459 no longer encumbered.
460 (8) If a multistate authorization to practice is encumbered
461 in a remote state, the regulated social worker’s multistate
462 authorization to practice may be deactivated in that state until
463 the multistate authorization to practice is no longer
464 encumbered.
465
466 ARTICLE V
467 ISSUANCE OF A MULTISTATE LICENSE
468
469 (1) Upon receipt of an application for a multistate
470 license, the home state’s licensing authority shall determine
471 the applicant’s eligibility for a multistate license in
472 accordance with Article IV.
473 (2) If the applicant is eligible under Article IV, the home
474 state’s licensing authority must issue a multistate license that
475 authorizes the applicant or regulated social worker to practice
476 in all member states under a multistate authorization to
477 practice.
478 (3) Upon issuance of a multistate license, the home state’s
479 licensing authority shall designate whether the regulated social
480 worker holds a multistate license at the bachelor’s, master’s,
481 or clinical category of social work.
482 (4) A multistate license issued by a home state to a
483 resident in that state must be recognized by all compact member
484 states as authorizing social work practice under a multistate
485 authorization to practice corresponding to each category of
486 licensure regulated in each member state.
487
488 ARTICLE VI
489 AUTHORITY OF THE SOCIAL WORK LICENSURE COMPACT COMMISSION AND
490 MEMBER STATE LICENSING AUTHORITIES
491
492 (1) The compact and rules of the commission do not limit,
493 restrict, or in any way reduce the ability of a member state to:
494 (a) Enact and enforce laws, regulations, or other rules
495 related to the practice of social work in that state, provided
496 those laws, regulations, or other rules do not conflict with the
497 provisions of the compact.
498 (b) Take adverse action against a licensee’s single-state
499 license to practice social work in that state.
500 (c) Take adverse action against a licensee’s multistate
501 authorization to practice social work in that state.
502 (2) The compact and rules of the commission do not limit,
503 restrict, or in any way reduce the ability of a licensee’s home
504 state to take adverse action against a licensee’s multistate
505 license based upon information provided by a remote state.
506 (3) The compact does not affect the requirements
507 established by a member state for the issuance of a single-state
508 license.
509
510 ARTICLE VII
511 REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE
512
513 (1) A licensee may hold a multistate license, issued by his
514 or her home state, in only one member state at any given time.
515 (2) If a licensee changes his or her home state by moving
516 between two member states, the following requirements apply:
517 (a) The licensee must immediately apply for the reissuance
518 of the multistate license in the new home state. The licensee
519 shall notify the former home state in accordance with the rules
520 of the commission.
521 (b) Upon receipt of an application to reissue a multistate
522 license, the new home state must verify that the multistate
523 license is active, unencumbered, and eligible for reissuance
524 under the terms of the compact and the rules of the commission.
525 The multistate license issued by the former home state must be
526 deactivated and all member states notified in accordance with
527 the applicable rules adopted by the commission.
528 (c) Before reissuing the multistate license, the new home
529 state must conduct procedures for considering the criminal
530 history records of the licensee. Such procedures must include
531 the submission of fingerprints or other biometric-based
532 information by applicants for the purpose of obtaining an
533 applicant’s criminal history record information from the Federal
534 Bureau of Investigation and the agency responsible for retaining
535 that state’s criminal records.
536 (d) If required for initial licensure, the new home state
537 may require completion of jurisprudence requirements in the new
538 home state.
539 (e) Notwithstanding any other provision of the compact, if
540 a licensee does not meet the requirements set forth in the
541 compact for the reissuance of a multistate license by the new
542 home state, the licensee is subject to the new home state
543 requirements for the issuance of a single-state license in that
544 state.
545 (3) If a licensee changes his or her domicile by moving
546 from a member state to a nonmember state, or from a nonmember
547 state to a member state, the licensee is subject to the state’s
548 requirements for the issuance of a single-state license in the
549 new home state.
550 (4) The compact does not interfere with a licensee’s
551 ability to hold a single-state license in multiple states;
552 however, for the purposes of the compact, a licensee may have
553 only one home state and only one multistate license.
554 (5) The compact does not interfere with the requirements
555 established by a member state for the issuance of a single-state
556 license.
557
558 ARTICLE VIII
559 MILITARY FAMILIES
560
561 An active military member or his or her spouse shall
562 designate a home state as the state in which the individual
563 holds a multistate license. The individual may retain the home
564 state designation during the period the servicemember is on
565 active duty.
566
567 ARTICLE IX
568 ADVERSE ACTIONS
569
570 (1) In addition to the other powers conferred by general
571 law, a remote state has the authority, in accordance with
572 existing state due process law, to:
573 (a) Take adverse action against a regulated social worker’s
574 multistate authorization to practice, but only within that
575 member state, and to issue subpoenas for both hearings and
576 investigations that require the attendance and testimony of
577 witnesses as well as the production of evidence. Subpoenas
578 issued by a licensing authority in a member state for the
579 attendance and testimony of witnesses or the production of
580 evidence from another member state must be enforced in the
581 latter state by any court of competent jurisdiction, according
582 to the practice and procedure of that court applicable to
583 subpoenas issued in proceedings pending before it. The issuing
584 licensing authority shall pay any witness fees, travel expenses,
585 mileage, and other fees required by the service statutes of the
586 state in which the witnesses or evidence is located.
587 (b) Only the home state may take adverse action against a
588 regulated social worker’s multistate license.
589 (2) For purposes of taking adverse action, the home state
590 must give the same priority and effect to reported conduct
591 received from a member state as it would if the conduct had
592 occurred within the home state. In so doing, the home state
593 shall apply its own state laws to determine appropriate action.
594 (3) The home state shall complete any pending
595 investigations of a regulated social worker who changes his or
596 her home state during the course of the investigation. The home
597 state also may take appropriate action and shall promptly report
598 the conclusions of the investigations to the administrator of
599 the data system. The administrator of the data system shall
600 promptly notify the new home state of any adverse action.
601 (4) A member state may, if otherwise authorized by state
602 law, recover from the affected regulated social worker the costs
603 of investigations and dispositions of cases resulting from any
604 adverse action taken against that regulated social worker.
605 (5) A member state may take adverse action based on the
606 factual findings of another member state, provided that the
607 member state follows its own procedures for taking the adverse
608 action.
609 (6)(a) In addition to the authority granted to a member
610 state by its respective social work practice act or other
611 applicable state law, any member state may participate with
612 other member states in joint investigations of licensees.
613 (b) Member states shall share any investigative,
614 litigation, or compliance materials in furtherance of any joint
615 or individual investigation initiated under the compact.
616 (7) If adverse action is taken by the home state against
617 the multistate license of a regulated social worker, the
618 regulated social worker’s multistate authorization to practice
619 in all other member states must be deactivated until all
620 encumbrances have been removed from the multistate license. All
621 home state disciplinary orders that impose adverse action
622 against the license of a regulated social worker must include a
623 statement that the regulated social worker’s multistate
624 authorization to practice is deactivated in all member states
625 until all conditions of the decision, order, or agreement are
626 satisfied.
627 (8) If a member state takes adverse action, it must
628 promptly notify the administrator of the data system. The
629 administrator of the data system shall promptly notify the home
630 state and all other member states of any adverse actions taken
631 by remote states.
632 (9) The compact does not override a member state’s decision
633 that participation in an alternative program may be used in lieu
634 of adverse action.
635 (10) The compact does not authorize a member state to
636 demand the issuance of subpoenas for attendance and testimony of
637 witnesses or the production of evidence from another member
638 state for lawful actions within that member state.
639 (11) The compact does not authorize a member state to
640 impose discipline against a regulated social worker who holds a
641 multistate authorization to practice for actions committed in
642 another member state which were lawful in that state.
643
644 ARTICLE X
645 ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT COMMISSION
646
647 (1) The compact member states hereby create and establish a
648 joint government agency whose membership consists of all member
649 states that have enacted the compact, to be known as the Social
650 Work Licensure Compact Commission. The commission is an
651 instrumentality of the compact member states acting jointly and
652 not an instrumentality of any one state. The commission shall
653 come into existence on or after the effective date of the
654 compact as set forth in Article XIV.
655 (2)(a) Each member state is entitled to one delegate
656 appointed by that member state’s licensing authority. The
657 delegate must be one of the following:
658 1. A current member of the state’s licensing authority who
659 at the time of appointment is a regulated social worker or
660 public member of the state’s licensing authority; or
661 2. An administrator of the state’s licensing authority or
662 his or her designee.
663 (b) The commission shall by rule or bylaw establish a term
664 of office for delegates and may by rule or bylaw establish term
665 limits.
666 (c) The commission may recommend removal or suspension of
667 any delegate from office.
668 (d) A member state’s licensing authority shall fill any
669 vacancy of its delegate on the commission within 60 days after
670 the vacancy occurs.
671 (e) Each delegate is entitled to one vote on all matters
672 before the commission requiring a vote by commission delegates.
673 (f) A delegate must vote in person or by such other means
674 as provided in the bylaws. The bylaws may provide for delegates
675 to meet by telecommunication, video conference, or other similar
676 electronic means of communication.
677 (g) The commission shall meet at least once during each
678 calendar year. Additional meetings may be held as set forth in
679 the bylaws. The commission may meet by telecommunication, video
680 conference, or other similar electronic means of communication.
681 (3) The commission may do all of the following:
682 (a) Establish the fiscal year of the commission.
683 (b) Establish code of conduct and conflict of interest
684 policies.
685 (c) Establish and amend rules and bylaws.
686 (d) Maintain its financial records in accordance with the
687 bylaws.
688 (e) Meet and take such actions as are consistent with the
689 provisions of the compact, the commission’s rules, and the
690 bylaws.
691 (f) Initiate and conclude legal proceedings or actions in
692 the name of the commission, provided that the standing of any
693 state’s licensing authority to sue or be sued under applicable
694 law is not affected.
695 (g) Maintain and certify records and information provided
696 to a member state as the authenticated business records of the
697 commission, or designate an agent to do so on the commission’s
698 behalf.
699 (h) Purchase and maintain insurance and bonds.
700 (i) Borrow, accept, or contract for services of personnel,
701 including, but not limited to, employees of a member state.
702 (j) Conduct an annual financial review.
703 (k) Hire employees and elect or appoint officers; fix
704 compensation for and define duties of such individuals and grant
705 them appropriate authority to carry out the purposes of the
706 compact; and establish the commission’s personnel policies and
707 programs relating to conflicts of interest, qualifications of
708 personnel, and other related personnel matters.
709 (l) Assess and collect fees.
710 (m) Accept, receive, use, and dispose of any appropriate
711 gifts, donations, grants of money, other revenue sources,
712 equipment, supplies, materials, and services, provided that at
713 all times the commission avoids any appearance of impropriety or
714 conflict of interest.
715 (n) Lease, purchase, retain, own, hold, improve, or use any
716 property, real, personal, or mixed, or any undivided interest
717 therein.
718 (o) Sell, convey, mortgage, pledge, lease, exchange,
719 abandon, or otherwise dispose of any property, real, personal,
720 or mixed.
721 (p) Establish a budget and make expenditures.
722 (q) Borrow money.
723 (r) Appoint committees, including standing committees,
724 composed of members, state regulators, state legislators or
725 their representatives, consumer representatives, and such other
726 interested persons as may be designated in the compact and the
727 bylaws.
728 (s) Provide and receive information from, and cooperate
729 with, law enforcement agencies.
730 (t) Establish and elect an executive committee, including a
731 chair and a vice chair.
732 (u) Determine whether a state’s statutorily adopted compact
733 language is materially different from the model compact language
734 such that the state would not qualify for participation in the
735 compact.
736 (v) Perform any other functions necessary to achieve the
737 purposes of the compact.
738 (4)(a) The executive committee shall have the power to act
739 on behalf of the commission according to the terms of the
740 compact. The powers, duties, and responsibilities of the
741 executive committee include all of the following:
742 1. Overseeing the day-to-day activities of administration
743 of the compact, including enforcement and compliance with the
744 compact and its rules and bylaws and other such duties as deemed
745 necessary by the commission.
746 2. Recommending to the commission changes to the rules or
747 bylaws, changes to the compact legislation, and fees charged to
748 member states, fees charged to licensees, and other fees.
749 3. Ensuring compact administration services are
750 appropriately provided, including by contract.
751 4. Preparing and recommending the budget.
752 5. Maintaining financial records on behalf of the
753 commission.
754 6. Monitoring compact compliance of member states and
755 providing compliance reports to the commission.
756 7. Establishing additional committees as necessary.
757 8. Exercising the powers and duties of the commission in
758 the interim between commission meetings, except for adopting or
759 amending rules, adopting or amending bylaws, and exercising any
760 other powers and duties expressly reserved to the commission by
761 rule or bylaw.
762 9. Performing other duties as provided in the rules or
763 bylaws of the commission.
764 (b) The executive committee may be composed of up to 11
765 members, as follows:
766 1. A chair and a vice chair, who must be voting members of
767 the executive committee.
768 2. Five voting members, selected by the commission from the
769 current membership of the commission.
770 3. Up to four ex officio, nonvoting members from four
771 recognized national social work organizations specified by the
772 commission, selected by their respective organizations.
773 (c) The commission may remove any member of the executive
774 committee as provided in the commission’s bylaws.
775 (d) The executive committee shall meet at least annually.
776 1. Executive committee meetings must be open to the public,
777 except that the executive committee may meet in a closed,
778 nonpublic meeting as provided in subsection (7).
779 2. The executive committee shall give 7 days’ notice of its
780 meetings, posted on its website and as determined by the
781 commission, to provide notice to persons with an interest in the
782 business of the commission.
783 3. The executive committee may hold a special meeting in
784 accordance with subsection (6).
785 (5) The commission shall adopt and provide to the member
786 states an annual report.
787 (6) All meetings of the commission must be open to the
788 public, except that the commission may meet in a closed,
789 nonpublic meeting as provided in subsection (7).
790 (a) Public notice for all meetings of the full commission
791 must be given in the same manner as required under the
792 rulemaking provisions in Article XII, except that the commission
793 may hold a special meeting as provided in paragraph (b).
794 (b) The commission may hold a special meeting when it must
795 meet to conduct emergency business by giving 48 hours’ notice to
796 all commissioners, on the commission’s website, and by other
797 means as provided in the commission’s rules. The commission’s
798 legal counsel shall certify that the commission’s need to meet
799 qualifies as an emergency.
800 (7)(a) The commission or the executive committee or other
801 committee of the commission may convene in a closed, nonpublic
802 meeting if the commission or the committee needs to receive
803 legal advice or discuss any of the following:
804 1. Noncompliance of a member state with its obligations
805 under the compact.
806 2. The employment, compensation, or discipline of, or other
807 matters, practices, or procedures related to, specific
808 employees.
809 3. Current or threatened discipline of a licensee by the
810 commission or by a member state’s licensing authority.
811 4. Current, threatened, or reasonably anticipated
812 litigation.
813 5. Negotiation of contracts for the purchase, lease, or
814 sale of goods, services, or real estate.
815 6. Accusing any person of a crime or formally censuring any
816 person.
817 7. Trade secrets or commercial or financial information
818 that is privileged or confidential.
819 8. Information of a personal nature when disclosure would
820 constitute a clearly unwarranted invasion of personal privacy.
821 9. Investigative records compiled for law enforcement
822 purposes.
823 10. Information related to any investigative reports
824 prepared by, or on behalf of or for the use of, the commission
825 or other committee charged with responsibility of investigation
826 or determination of compliance issues pursuant to the compact.
827 11. Matters specifically exempted from disclosure by
828 federal or member state law.
829 12. Other matters as adopted by commission rule.
830 (b) If a meeting, or portion of a meeting, is closed, the
831 presiding officer must state that the meeting will be closed and
832 reference each relevant exempting provision, and such reference
833 must be recorded in the minutes.
834 (c) The commission shall keep minutes that fully and
835 clearly describe all matters discussed in a meeting and shall
836 provide a full and accurate summary of actions taken, and the
837 reasons therefor, including a description of the views
838 expressed. All documents considered in connection with an action
839 must be identified in the minutes. All minutes and documents of
840 a closed meeting must remain under seal, subject to release only
841 by a majority vote of the commission or order of a court of
842 competent jurisdiction.
843 (8)(a) The commission shall pay, or provide for the payment
844 of, the reasonable expenses of its establishment, organization,
845 and ongoing activities.
846 (b) The commission may accept any appropriate revenue
847 sources as provided in paragraph (3)(m).
848 (c) The commission may levy and collect an annual
849 assessment from each member state to cover the cost of the
850 operations and activities of the commission and its staff, which
851 must be in a total amount sufficient to cover its annual budget
852 as approved each year for which revenue is not provided by other
853 sources. The aggregate annual assessment amount for member
854 states shall be allocated based upon a formula that the
855 commission shall adopt by rule.
856 (d) The commission may not incur obligations of any kind
857 before securing the funds adequate to meet such obligations, and
858 the commission may not pledge the credit of any of the member
859 states, except by and with the authority of the member state.
860 (e) The commission shall keep accurate accounts of all
861 receipts and disbursements. The receipts and disbursements of
862 the commission are subject to the financial review and
863 accounting procedures established under its bylaws. However, all
864 receipts and disbursements of funds handled by the commission
865 are subject to an annual financial review by a certified or
866 licensed public accountant, and the report of the financial
867 review must be included in and become part of the annual report
868 of the commission.
869 (9)(a) The members, officers, executive director,
870 employees, and representatives of the commission are immune from
871 suit and liability, both personally and in their official
872 capacity, for any claim for damage to or loss of property or
873 personal injury or other civil liability caused by or arising
874 out of any actual or alleged act, error, or omission that
875 occurred, or that the person against whom the claim is made had
876 a reasonable basis for believing occurred, within the scope of
877 commission employment, duties, or responsibilities. This
878 paragraph does not protect any such person from suit or
879 liability for any damage, loss, injury, or liability caused by
880 the intentional or willful or wanton misconduct of that person.
881 The procurement of insurance of any type by the commission does
882 not compromise or limit the immunity granted hereunder.
883 (b) The commission shall defend any member, officer,
884 executive director, employee, or representative of the
885 commission in any civil action seeking to impose liability
886 arising out of any actual or alleged act, error, or omission
887 that occurred within the scope of commission employment, duties,
888 or responsibilities, or that the commission determines the
889 person against whom the claim is made had a reasonable basis for
890 believing occurred within the scope of commission employment,
891 duties, or responsibilities, provided that the actual or alleged
892 act, error, or omission did not result from that person’s
893 intentional or willful or wanton misconduct. This paragraph may
894 not be construed to prohibit such person from retaining his or
895 her own counsel at his or her own expense.
896 (c) The commission shall indemnify and hold harmless any
897 member, officer, executive director, employee, or representative
898 of the commission for the amount of any settlement or judgment
899 obtained against that person arising out of any actual or
900 alleged act, error, or omission that occurred within the scope
901 of commission employment, duties, or responsibilities, or, as
902 determined by the commission, that the person against whom the
903 claim is made had a reasonable basis for believing occurred
904 within the scope of commission employment, duties, or
905 responsibilities, provided that the actual or alleged act,
906 error, or omission did not result from the intentional or
907 willful or wanton misconduct of that person.
908 (d) This subsection may not be construed as a limitation on
909 the liability of any licensee for professional malpractice or
910 misconduct that is governed solely by any other applicable state
911 laws.
912 (e) The compact may not be interpreted to waive or
913 otherwise abrogate a member state’s state action immunity or
914 state action affirmative defense with respect to antitrust
915 claims under the Sherman Antitrust Act, Clayton Antitrust Act of
916 1914, or any other state or federal antitrust or anticompetitive
917 law or regulation.
918 (f) The compact may not be construed as a waiver of
919 sovereign immunity by the member states or by the commission.
920
921 ARTICLE XI
922 DATA SYSTEM
923
924 (1) The commission shall provide for the development,
925 maintenance, operation, and use of a coordinated data system.
926 (2) The commission shall assign each applicant for a
927 multistate license a unique identifier, as determined by the
928 rules of the commission.
929 (3) Notwithstanding any other state law to the contrary, a
930 member state shall submit a uniform data set to the data system
931 on all individuals to whom the compact is applicable, as
932 required by the rules of the commission, including all of the
933 following information:
934 (a) Identifying information.
935 (b) Licensure data.
936 (c) Adverse actions against a license and related
937 information.
938 (d) Nonconfidential information related to alternative
939 program participation, the beginning and ending dates of such
940 participation, and other information related to such
941 participation not made confidential under member state law.
942 (e) Any denial of application for licensure and the reason
943 for such denial.
944 (f) Any current significant investigative information.
945 (g) Other information that may facilitate the
946 administration of the compact or the protection of the public,
947 as determined by the rules of the commission.
948 (4) The records and information provided to a member state
949 under the compact or through the data system, when certified by
950 the commission or an agent thereof, constitute the authenticated
951 business records of the commission and are entitled to any
952 associated hearsay exception in any relevant judicial, quasi
953 judicial, or administrative proceedings in a member state.
954 (5)(a) Current significant investigative information
955 pertaining to a licensee in any member state may be made
956 available only to other member states.
957 (b) It is the responsibility of the member states to report
958 any adverse action against a licensee and to monitor the
959 database to determine whether adverse action has been taken
960 against a licensee in another member state. Adverse action
961 information pertaining to a licensee in any member state must be
962 made available to other member states.
963 (6) Member states contributing information to the data
964 system may designate information that may not be shared with the
965 public without the express permission of the contributing state.
966 (7) Any information submitted to the data system which is
967 subsequently expunged pursuant to federal law or the laws of the
968 member state contributing the information must be removed from
969 the data system.
970
971 ARTICLE XII
972 RULEMAKING
973
974 (1) The commission shall adopt rules to implement and
975 administer the compact. A rule is invalid and has no force or
976 effect if a court of competent jurisdiction holds that the rule
977 is invalid because the commission exercised its rulemaking
978 authority in a manner that is beyond the scope and purposes of
979 the compact, or the powers granted hereunder, or based upon
980 another applicable standard of review.
981 (2) The rules of the commission have the force of law in
982 each member state; however, if the rules of the commission
983 conflict with the laws, regulations, or applicable standards of
984 a member state governing the practice of social work as held by
985 a court of competent jurisdiction, the rules of the commission
986 are ineffective in that state to the extent of the conflict.
987 (3) The commission shall exercise its rulemaking powers
988 pursuant to the criteria set forth in this article and the rules
989 adopted hereunder. Rules become binding the day after they are
990 adopted or the date specified in the rule or amendment,
991 whichever is later.
992 (4) If a majority of the legislatures of the member states
993 rejects a rule or portion of a rule, by enactment of a statute
994 or resolution in the same manner used to adopt the compact
995 within 4 years after the date of adoption of the rule, such rule
996 has no further force and effect in any member state.
997 (5) Rules must be adopted at a regular or special meeting
998 of the commission.
999 (6) Before adoption of a proposed rule, the commission
1000 shall hold a public hearing and allow persons to provide oral
1001 and written comments, data, facts, opinions, and arguments.
1002 (7) Before adoption of a proposed rule by the commission,
1003 and at least 30 days before the meeting at which the commission
1004 will hold a public hearing on the proposed rule, the commission
1005 shall provide a notice of proposed rulemaking:
1006 (a) On the website of the commission or on another publicly
1007 accessible platform;
1008 (b) To persons who have requested notice of the
1009 commission’s notices of proposed rulemaking; and
1010 (c) In any other manner as specified by commission rule.
1011 (8) The notice of proposed rulemaking must include all of
1012 the following:
1013 (a) The time, date, and location of the public hearing at
1014 which the commission will hear public comments on the proposed
1015 rule and, if different, the time, date, and location of the
1016 meeting where the commission will consider and vote on the
1017 proposed rule.
1018 (b) If the hearing is held through telecommunication, video
1019 conference, or other similar electronic means, the mechanism for
1020 accessing the hearing must be included in the notice of proposed
1021 rulemaking.
1022 (c) The text of the proposed rule and the reasons
1023 necessitating the rule.
1024 (d) A request for comments on the proposed rule from any
1025 interested person.
1026 (e) The manner in which interested persons may submit
1027 written comments.
1028 (9) All hearings must be recorded. A copy of the recording
1029 and all written comments and documents received by the
1030 commission in response to the proposed rule must be made
1031 available to the public.
1032 (10) This article does not require a separate hearing on
1033 each rule. Rules may be grouped for the convenience of the
1034 commission at hearings required by this article.
1035 (11) The commission shall, by majority vote of all members,
1036 take final action on the proposed rule based on the rulemaking
1037 record and the full text of the rule.
1038 (a) The commission may adopt changes to the proposed rule
1039 if the changes do not expand the original purpose of the
1040 proposed rule.
1041 (b) The commission shall provide an explanation of the
1042 reasons for substantive changes made to the proposed rule as
1043 well as the reasons why substantive changes recommended by
1044 commenters were not made.
1045 (c) The commission shall set a reasonable effective date
1046 for each rule. Except for an emergency as provided in subsection
1047 (12), the effective date of the rule must be at least 30 days
1048 after the commission issues the notice of rule adoption or
1049 amendment.
1050 (12) Upon determination that an emergency exists, the
1051 commission may consider and adopt an emergency rule with 48
1052 hours’ notice, with opportunity to comment, provided that the
1053 usual rulemaking procedures provided in the compact and in this
1054 article are retroactively applied to the rule as soon as
1055 reasonably possible, but in no event later than 90 days after
1056 the effective date of the rule. For purposes of this subsection,
1057 an emergency rule is one that must be adopted immediately in
1058 order to:
1059 (a) Meet an imminent threat to public health, safety, or
1060 welfare;
1061 (b) Prevent a loss of commission or member state funds;
1062 (c) Meet a deadline for the adoption of a rule which is
1063 established by federal law or rule; or
1064 (d) Protect public health and safety.
1065 (13) The commission or an authorized committee of the
1066 commission may direct revisions to a previously adopted rule for
1067 purposes of correcting typographical errors, errors in format,
1068 errors in consistency, or grammatical errors. Public notice of
1069 any revision must be posted on the commission’s website. The
1070 revision is subject to challenge by any person for a period of
1071 30 days after posting. The revision may be challenged only on
1072 the grounds that the revision results in a material change to a
1073 rule. A challenge must be made in writing and delivered to the
1074 commission before the end of the notice period. If a challenge
1075 is not made, the revision will take effect without further
1076 action. If the revision is challenged, the revision may not take
1077 effect without the approval of the commission.
1078 (14) A member state’s rulemaking requirements do not apply
1079 under this compact.
1080
1081 ARTICLE XIII
1082 OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
1083
1084 (1)(a) The executive and judicial branches of state
1085 government in each member state shall enforce the compact and
1086 take all actions necessary to implement the compact.
1087 (b) Except as otherwise provided in the compact, venue is
1088 proper and judicial proceedings by or against the commission
1089 shall be brought solely and exclusively in a court of competent
1090 jurisdiction where the principal office of the commission is
1091 located. The commission may waive venue and jurisdictional
1092 defenses to the extent that it adopts or consents to participate
1093 in alternative dispute resolution proceedings. This paragraph
1094 does not affect or limit the selection or propriety of venue in
1095 any action against a licensee for professional malpractice,
1096 misconduct, or any such similar matter.
1097 (c) The commission is entitled to receive service of
1098 process in any proceeding regarding the enforcement or
1099 interpretation of the compact and has standing to intervene in
1100 such a proceeding for all purposes. Failure to provide the
1101 commission service of process renders a judgment or an order
1102 void as to the commission, the compact, or adopted rules.
1103 (2)(a) If the commission determines that a member state has
1104 defaulted in the performance of its obligations or
1105 responsibilities under the compact or the adopted rules, the
1106 commission must provide written notice to the defaulting state.
1107 The notice of default must describe the default, the proposed
1108 means of curing the default, and any other action that the
1109 commission may take, and must offer training and specific
1110 technical assistance regarding the default.
1111 (b) The commission shall provide a copy of the notice of
1112 default to the other member states.
1113 (c) If a state in default fails to cure the default, the
1114 defaulting state may be terminated from the compact upon an
1115 affirmative vote of a majority of the delegates of the member
1116 states, and all rights, privileges, and benefits conferred on
1117 that state by the compact may be terminated on the effective
1118 date of termination. A cure of the default does not relieve the
1119 offending state of obligations or liabilities incurred during
1120 the period of default.
1121 (d) Termination of membership in the compact may be imposed
1122 only after all other means of securing compliance have been
1123 exhausted. The commission shall give notice of intent to suspend
1124 or terminate to the Governor of the defaulting state, the
1125 majority and minority leaders of the defaulting state’s
1126 legislature, the defaulting state’s licensing authority, and the
1127 licensing authority of each member state.
1128 (e) A state that has its membership terminated from the
1129 compact is responsible for all assessments, obligations, and
1130 liabilities incurred through the effective date of termination,
1131 including obligations that extend beyond the effective date of
1132 termination.
1133 (f) Upon the termination of a state’s membership from the
1134 compact, that state shall immediately provide notice to all
1135 licensees within that state of such termination. The terminated
1136 state shall continue to recognize all licenses granted under the
1137 compact for at least 180 days after the date of the notice of
1138 termination.
1139 (g) The commission does not bear any costs related to a
1140 state that is found to be in default or that has been terminated
1141 from the compact, unless agreed upon in writing between the
1142 commission and the defaulting state.
1143 (h) The defaulting state may appeal the action of the
1144 commission by petitioning the United States District Court for
1145 the District of Columbia or the federal district where the
1146 commission has its principal offices. The prevailing party shall
1147 be awarded all costs of such litigation, including reasonable
1148 attorney fees.
1149 (3)(a) Upon request by a member state, the commission shall
1150 attempt to resolve disputes related to the compact which arise
1151 among member states and between member and nonmember states.
1152 (b) The commission shall adopt a rule providing for both
1153 mediation and binding dispute resolution for disputes, as
1154 appropriate.
1155 (4)(a) By majority vote as provided by rule, the commission
1156 may initiate legal action against a member state in default in
1157 the United States District Court for the District of Columbia or
1158 the federal district where the commission has its principal
1159 offices to enforce compliance with the compact and its adopted
1160 rules. The relief sought may include both injunctive relief and
1161 damages. In the event judicial enforcement is necessary, the
1162 prevailing party shall be awarded all costs of such litigation,
1163 including reasonable attorney fees. The remedies herein are not
1164 the exclusive remedies of the commission. The commission may
1165 pursue any other remedies available under federal law or the
1166 defaulting member state’s law.
1167 (b) A member state may initiate legal action against the
1168 commission in the United States District Court for the District
1169 of Columbia or the federal district where the commission has its
1170 principal offices to enforce compliance with the compact and its
1171 adopted rules. The relief sought may include both injunctive
1172 relief and damages. In the event judicial enforcement is
1173 necessary, the prevailing party shall be awarded all costs of
1174 such litigation, including reasonable attorney fees.
1175 (c) Only a member state may seek enforcement of the compact
1176 against the commission.
1177
1178 ARTICLE XIV
1179 EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
1180
1181 (1) The compact becomes effective on the date the compact
1182 statute is enacted into law in the seventh member state.
1183 (2)(a) On or after the effective date of the compact, the
1184 commission shall convene and review the enactment of each of the
1185 first seven charter member states to determine whether the
1186 statute enacted by each such charter member state is materially
1187 different from the model compact language.
1188 1. A charter member state whose enactment is found to be
1189 materially different from the model compact language is entitled
1190 to the default process set forth in Article XIII.
1191 2. If any member state is later found to be in default or
1192 is terminated or withdraws from the compact, the commission
1193 remains in existence and the compact remains in effect even if
1194 the number of member states is less than seven.
1195 (b) Member states enacting the compact after the seven
1196 initial charter member states are subject to the process set
1197 forth in paragraph (3)(u) of Article X to determine whether
1198 their enactments are materially different from the model compact
1199 language and whether they qualify for participation in the
1200 compact.
1201 (c) All actions taken for the benefit of the commission or
1202 in furtherance of administration of the compact before the
1203 effective date of the compact or the commission coming into
1204 existence are considered to be actions of the commission unless
1205 specifically repudiated by the commission.
1206 (d) Any state that joins the compact subsequent to the
1207 commission’s initial adoption of the rules and bylaws is subject
1208 to the rules and bylaws as they exist on the date on which the
1209 compact becomes law in that state. Any rule that has been
1210 previously adopted by the commission has the full force and
1211 effect of law on the day the compact becomes law in that state.
1212 (3) Any member state may withdraw from the compact by
1213 enacting a statute repealing the compact.
1214 (a) A member state’s withdrawal does not take effect until
1215 180 days after enactment of the repealing statute.
1216 (b) Withdrawal does not affect the continuing requirement
1217 of the withdrawing state’s licensing authority to comply with
1218 the investigative and adverse action reporting requirements of
1219 the compact before the effective date of withdrawal.
1220 (c) Upon enactment of a statute repealing the compact, a
1221 state shall immediately provide notice of such withdrawal to all
1222 licensees within that state. Notwithstanding any subsequent
1223 statutory enactment to the contrary, such withdrawing state must
1224 continue to recognize all licenses granted under the compact for
1225 at least 180 days after the date of such notice of withdrawal.
1226 (4) The compact does not invalidate or prevent any
1227 licensure agreement or other cooperative arrangement between a
1228 member state and a nonmember state which does not conflict with
1229 the compact.
1230 (5) The compact may be amended by the member states. An
1231 amendment to the compact does not become effective and binding
1232 on any member state until it is enacted into the laws of all
1233 member states.
1234
1235 ARTICLE XV
1236 CONSTRUCTION AND SEVERABILITY
1237
1238 (1) The compact and the commission’s rulemaking authority
1239 shall be liberally construed so as to effectuate the purposes,
1240 implementation, and administration of the compact. Provisions of
1241 the compact expressly authorizing or requiring the adoption of
1242 rules may not be construed to limit the commission’s rulemaking
1243 authority solely for those purposes.
1244 (2) The provisions of the compact are severable, and, if
1245 any phrase, clause, sentence, or provision of the compact is
1246 held by a court of competent jurisdiction to be contrary to the
1247 constitution of any member state, of a state seeking
1248 participation in the compact, or of the United States, or the
1249 applicability thereof to any government, agency, person, or
1250 circumstance is held to be unconstitutional by a court of
1251 competent jurisdiction, the validity of the remainder of the
1252 compact and the applicability thereof to any other government,
1253 agency, person, or circumstance is not affected.
1254 (3) Notwithstanding subsection (2), the commission may deny
1255 a state’s participation in the compact, or may terminate a
1256 member state’s participation in the compact in accordance with
1257 the requirements of subsection (2) of Article XIII, if it
1258 determines that a constitutional requirement of a member state
1259 is a material departure from the compact. Otherwise, if the
1260 compact is held to be contrary to the constitution of any member
1261 state, the compact remains in full force and effect as to the
1262 remaining member states and in full force and effect as to the
1263 member state affected as to all severable matters.
1264
1265 ARTICLE XVI
1266 CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
1267
1268 (1) A licensee providing services in a remote state under a
1269 multistate authorization to practice shall adhere to the laws
1270 and regulations, including applicable standards, of the remote
1271 state where the client is located at the time care is rendered.
1272 (2) The compact does not prevent or inhibit the enforcement
1273 of any other law of a member state which is not inconsistent
1274 with the compact.
1275 (3) Any law, statute, regulation, or other legal
1276 requirement in a member state in conflict with the compact are
1277 superseded to the extent of the conflict.
1278 (4) All permissible agreements between the commission and
1279 the member states are binding in accordance with their terms.
1280 Section 2. Paragraph (b) of subsection (10) of section
1281 456.073, Florida Statutes, is amended to read:
1282 456.073 Disciplinary proceedings.—Disciplinary proceedings
1283 for each board shall be within the jurisdiction of the
1284 department.
1285 (10)
1286 (b) The department shall report any significant
1287 investigation information relating to a nurse holding a
1288 multistate license to the coordinated licensure information
1289 system pursuant to s. 464.0095; any investigative information
1290 relating to an audiologist or a speech-language pathologist
1291 holding a compact privilege under the Audiology and Speech
1292 Language Pathology Interstate Compact to the data system
1293 pursuant to s. 468.1335; any investigative information relating
1294 to a physical therapist or physical therapist assistant holding
1295 a compact privilege under the Physical Therapy Licensure Compact
1296 to the data system pursuant to s. 486.112; any significant
1297 investigatory information relating to a psychologist practicing
1298 under the Psychology Interjurisdictional Compact to the
1299 coordinated licensure information system pursuant to s.
1300 490.0075; and any significant investigatory information relating
1301 to a health care practitioner practicing under the Professional
1302 Counselors Licensure Compact to the data system pursuant to s.
1303 491.017; and any significant investigative information relating
1304 to a clinical social worker practicing under the Social Work
1305 Licensure Interstate Compact to the data system pursuant to s.
1306 491.022.
1307 Section 3. Subsection (5) of section 456.076, Florida
1308 Statutes, is amended to read:
1309 456.076 Impaired practitioner programs.—
1310 (5) A consultant shall enter into a participant contract
1311 with an impaired practitioner and shall establish the terms of
1312 monitoring and shall include the terms in a participant
1313 contract. In establishing the terms of monitoring, the
1314 consultant may consider the recommendations of one or more
1315 approved evaluators, treatment programs, or treatment providers.
1316 A consultant may modify the terms of monitoring if the
1317 consultant concludes, through the course of monitoring, that
1318 extended, additional, or amended terms of monitoring are
1319 required for the protection of the health, safety, and welfare
1320 of the public. If the impaired practitioner is an audiologist or
1321 a speech-language pathologist practicing under the Audiology and
1322 Speech-Language Pathology Interstate Compact pursuant to s.
1323 468.1335, a physical therapist or physical therapist assistant
1324 practicing under the Physical Therapy Licensure Compact pursuant
1325 to s. 486.112, a psychologist practicing under the Psychology
1326 Interjurisdictional Compact pursuant to s. 490.0075, or a health
1327 care practitioner practicing under the Professional Counselors
1328 Licensure Compact pursuant to s. 491.017, or a clinical social
1329 worker practicing under the Social Work Licensure Interstate
1330 Compact pursuant to s. 491.022, the terms of the monitoring
1331 contract must include the impaired practitioner’s withdrawal
1332 from all practice under the compact unless authorized by a
1333 member state.
1334 Section 4. Subsection (9) is added to section 491.004,
1335 Florida Statutes, to read:
1336 491.004 Board of Clinical Social Work, Marriage and Family
1337 Therapy, and Mental Health Counseling.—
1338 (9) The board shall appoint an individual to serve as the
1339 state’s delegate on the Social Work Licensure Compact
1340 Commission, as required under s. 491.022.
1341 Section 5. Subsection (6) of section 491.005, Florida
1342 Statutes, is amended to read:
1343 491.005 Licensure by examination.—
1344 (6) EXEMPTIONS EXEMPTION.—
1345 (a) A person licensed as a clinical social worker, marriage
1346 and family therapist, or mental health counselor in another
1347 state who is practicing under the Professional Counselors
1348 Licensure Compact pursuant to s. 491.017, and only within the
1349 scope provided therein, is exempt from the licensure
1350 requirements of this section, as applicable.
1351 (b) A person licensed as a clinical social worker in
1352 another state who is practicing under the Social Work Licensure
1353 Interstate Compact pursuant to s. 491.022, and only within the
1354 scope provided therein, is exempt from the licensure
1355 requirements of this section, as applicable.
1356 Section 6. Subsection (4) is added to section 491.006,
1357 Florida Statutes, to read:
1358 491.006 Licensure or certification by endorsement.—
1359 (4) A person licensed as a clinical social worker in
1360 another state who is practicing under the Social Work Licensure
1361 Interstate Compact pursuant to s. 491.022, and only within the
1362 scope provided therein, is exempt from the licensure
1363 requirements of this section, as applicable.
1364 Section 7. Section 491.009, Florida Statutes, is amended to
1365 read:
1366 491.009 Discipline.—
1367 (1) The following acts constitute grounds for denial of a
1368 license or disciplinary action, as specified in s. 456.072(2),
1369 or s. 491.017, or s. 491.022:
1370 (a) Attempting to obtain, obtaining, or renewing a license,
1371 registration, or certificate under this chapter by bribery or
1372 fraudulent misrepresentation or through an error of the board or
1373 the department.
1374 (b) Having a license, registration, or certificate to
1375 practice a comparable profession revoked, suspended, or
1376 otherwise acted against, including the denial of certification
1377 or licensure by another state, territory, or country.
1378 (c) Being convicted or found guilty of, regardless of
1379 adjudication, or having entered a plea of nolo contendere to, a
1380 crime in any jurisdiction which directly relates to the practice
1381 of his or her profession or the ability to practice his or her
1382 profession. However, in the case of a plea of nolo contendere,
1383 the board shall allow the person who is the subject of the
1384 disciplinary proceeding to present evidence in mitigation
1385 relevant to the underlying charges and circumstances surrounding
1386 the plea.
1387 (d) False, deceptive, or misleading advertising or
1388 obtaining a fee or other thing of value on the representation
1389 that beneficial results from any treatment will be guaranteed.
1390 (e) Advertising, practicing, or attempting to practice
1391 under a name other than one’s own.
1392 (f) Maintaining a professional association with any person
1393 who the applicant, licensee, registered intern, or
1394 certificateholder knows, or has reason to believe, is in
1395 violation of this chapter or of a rule of the department or the
1396 board.
1397 (g) Knowingly aiding, assisting, procuring, or advising any
1398 nonlicensed, nonregistered, or noncertified person to hold
1399 himself or herself out as licensed, registered, or certified
1400 under this chapter.
1401 (h) Failing to perform any statutory or legal obligation
1402 placed upon a person licensed, registered, or certified under
1403 this chapter.
1404 (i) Willfully making or filing a false report or record;
1405 failing to file a report or record required by state or federal
1406 law; willfully impeding or obstructing the filing of a report or
1407 record; or inducing another person to make or file a false
1408 report or record or to impede or obstruct the filing of a report
1409 or record. Such report or record includes only a report or
1410 record which requires the signature of a person licensed,
1411 registered, or certified under this chapter.
1412 (j) Paying a kickback, rebate, bonus, or other remuneration
1413 for receiving a patient or client, or receiving a kickback,
1414 rebate, bonus, or other remuneration for referring a patient or
1415 client to another provider of mental health care services or to
1416 a provider of health care services or goods; referring a patient
1417 or client to oneself for services on a fee-paid basis when those
1418 services are already being paid for by some other public or
1419 private entity; or entering into a reciprocal referral
1420 agreement.
1421 (k) Committing any act upon a patient or client which would
1422 constitute sexual battery or which would constitute sexual
1423 misconduct as defined pursuant to s. 491.0111.
1424 (l) Making misleading, deceptive, untrue, or fraudulent
1425 representations in the practice of any profession licensed,
1426 registered, or certified under this chapter.
1427 (m) Soliciting patients or clients personally, or through
1428 an agent, through the use of fraud, intimidation, undue
1429 influence, or a form of overreaching or vexatious conduct.
1430 (n) Failing to make available to a patient or client, upon
1431 written request, copies of tests, reports, or documents in the
1432 possession or under the control of the licensee, registered
1433 intern, or certificateholder which have been prepared for and
1434 paid for by the patient or client.
1435 (o) Failing to respond within 30 days to a written
1436 communication from the department or the board concerning any
1437 investigation by the department or the board, or failing to make
1438 available any relevant records with respect to any investigation
1439 about the licensee’s, registered intern’s, or
1440 certificateholder’s conduct or background.
1441 (p) Being unable to practice the profession for which he or
1442 she is licensed, registered, or certified under this chapter
1443 with reasonable skill or competence as a result of any mental or
1444 physical condition or by reason of illness; drunkenness; or
1445 excessive use of drugs, narcotics, chemicals, or any other
1446 substance. In enforcing this paragraph, upon a finding by the
1447 State Surgeon General, the State Surgeon General’s designee, or
1448 the board that probable cause exists to believe that the
1449 licensee, registered intern, or certificateholder is unable to
1450 practice the profession because of the reasons stated in this
1451 paragraph, the department shall have the authority to compel a
1452 licensee, registered intern, or certificateholder to submit to a
1453 mental or physical examination by psychologists, physicians, or
1454 other licensees under this chapter, designated by the department
1455 or board. If the licensee, registered intern, or
1456 certificateholder refuses to comply with such order, the
1457 department’s order directing the examination may be enforced by
1458 filing a petition for enforcement in the circuit court in the
1459 circuit in which the licensee, registered intern, or
1460 certificateholder resides or does business. The licensee,
1461 registered intern, or certificateholder against whom the
1462 petition is filed may not be named or identified by initials in
1463 any public court records or documents, and the proceedings shall
1464 be closed to the public. The department shall be entitled to the
1465 summary procedure provided in s. 51.011. A licensee, registered
1466 intern, or certificateholder affected under this paragraph shall
1467 at reasonable intervals be afforded an opportunity to
1468 demonstrate that he or she can resume the competent practice for
1469 which he or she is licensed, registered, or certified with
1470 reasonable skill and safety to patients.
1471 (q) Performing any treatment or prescribing any therapy
1472 which, by the prevailing standards of the mental health
1473 professions in the community, would constitute experimentation
1474 on human subjects, without first obtaining full, informed, and
1475 written consent.
1476 (r) Failing to meet the minimum standards of performance in
1477 professional activities when measured against generally
1478 prevailing peer performance, including the undertaking of
1479 activities for which the licensee, registered intern, or
1480 certificateholder is not qualified by training or experience.
1481 (s) Delegating professional responsibilities to a person
1482 who the licensee, registered intern, or certificateholder knows
1483 or has reason to know is not qualified by training or experience
1484 to perform such responsibilities.
1485 (t) Violating a rule relating to the regulation of the
1486 profession or a lawful order of the department or the board
1487 previously entered in a disciplinary hearing.
1488 (u) Failure of the licensee, registered intern, or
1489 certificateholder to maintain in confidence a communication made
1490 by a patient or client in the context of such services, except
1491 as provided in s. 491.0147.
1492 (v) Making public statements which are derived from test
1493 data, client contacts, or behavioral research and which identify
1494 or damage research subjects or clients.
1495 (w) Violating any provision of this chapter or chapter 456,
1496 or any rules adopted pursuant thereto.
1497 (2)(a) The board or, in the case of certified master social
1498 workers, the department may enter an order denying licensure or
1499 imposing any of the penalties authorized in s. 456.072(2)
1500 against any applicant for licensure or any licensee who violates
1501 subsection (1) or s. 456.072(1).
1502 (b) The board may take adverse action against a clinical
1503 social worker’s, a marriage and family therapist’s, or a mental
1504 health counselor’s privilege to practice under the Professional
1505 Counselors Licensure Compact pursuant to s. 491.017 and may
1506 impose any of the penalties in s. 456.072(2) if the clinical
1507 social worker, marriage and family therapist, or mental health
1508 counselor commits an act specified in subsection (1) or s.
1509 456.072(1).
1510 (c) The board may take adverse action against a social
1511 worker’s multistate authorization to practice under the Social
1512 Work Licensure Compact pursuant to s. 491.022 and may impose any
1513 of the penalties in s. 456.072(2) if the social worker commits
1514 an act specified in subsection (1) or s. 456.072(1).
1515 Section 8. Paragraph (m) is added to subsection (10) of
1516 section 768.28, Florida Statutes, to read:
1517 768.28 Waiver of sovereign immunity in tort actions;
1518 recovery limits; civil liability for damages caused during a
1519 riot; limitation on attorney fees; statute of limitations;
1520 exclusions; indemnification; risk management programs.—
1521 (10)
1522 (m) For purposes of this section, the individual appointed
1523 under s. 491.004(9) as the state’s delegate on the Social Work
1524 Licensure Compact Commission, when serving in that capacity
1525 pursuant to s. 491.022, and any administrator, officer,
1526 executive director, employee, or representative of the
1527 commission, when acting within the scope of his or her
1528 employment, duties, or responsibilities in this state, is
1529 considered an agent of the state. The commission shall pay any
1530 claim or judgment pursuant to this section and may maintain
1531 insurance coverage to pay any such claim or judgment.
1532 Section 9. This act shall take effect July 1, 2026.