Florida Senate - 2024                                      SB 68
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00059-24                                             202468__
    1                        A bill to be entitled                      
    2         An act relating to the Social Work Licensure Compact;
    3         creating s. 491.019, F.S.; creating the Social Work
    4         Licensure Compact; providing a purpose and objectives
    5         of the compact; defining terms; specifying
    6         requirements for state participation in the compact;
    7         specifying requirements for member states to maintain
    8         membership in the compact; requiring member states to
    9         designate the categories of social work licensure
   10         which are eligible for issuance of a multistate
   11         license in such states; specifying criteria licensed
   12         social workers must meet to be issued a multistate
   13         license under the compact; providing additional
   14         requirements based on the licensure category of such
   15         social workers; providing for the renewal of
   16         multistate licenses; specifying that a licensed social
   17         worker’s services provided in a remote state are
   18         subject to that member state’s regulatory authority;
   19         authorizing remote states to act on a licensee’s
   20         multistate authorization to practice; specifying the
   21         consequences and parameters of practice for a licensee
   22         whose multistate license or multistate authorization
   23         to practice is encumbered; specifying procedures for
   24         issuing multistate licenses; providing for the
   25         recognition of multistate licenses in all member
   26         states; providing construction; specifying that a
   27         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 action
   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         and provide annual reports to member states; providing
   55         public notice and records requirements for meetings of
   56         the commission; authorizing the commission to hold
   57         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; amending s. 456.076, F.S.; requiring
  105         monitoring contracts for impaired practitioners
  106         participating in treatment programs to contain certain
  107         terms; amending s. 491.004, F.S.; requiring the Board
  108         of Clinical Social Work, Marriage and Family Therapy,
  109         and Mental Health Counseling to appoint an individual
  110         to serve as the state’s delegate on the commission;
  111         amending ss. 491.005 and 491.006, F.S.; exempting
  112         social workers practicing under the compact from
  113         certain licensure requirements; amending s. 491.009,
  114         F.S.; authorizing certain disciplinary action under
  115         the compact for specified prohibited acts; amending s.
  116         768.28, F.S.; designating the state delegate and other
  117         members or employees of the commission as state agents
  118         for the purpose of applying waivers of sovereign
  119         immunity; requiring the commission to pay certain
  120         claims or judgments; authorizing the commission to
  121         maintain insurance coverage to pay such claims or
  122         judgments; requiring the department to notify the
  123         Division of Law Revision upon enactment of the compact
  124         into law by seven states; providing a contingent
  125         effective date.
  126          
  127  Be It Enacted by the Legislature of the state of Florida:
  128  
  129         Section 1. Section 491.019, Florida Statutes, is created to
  130  read:
  131         491.019 Social Work Licensure Compact.—The Social Work
  132  Licensure Compact is hereby enacted and entered into by this
  133  state with all other jurisdictions legally joining therein in
  134  the form substantially as follows:
  135         (1)PURPOSE.—The purpose of the compact is to facilitate
  136  interstate practice of licensed social workers and improve
  137  public access to competent social work services. The compact
  138  preserves the regulatory authority of states to protect public
  139  health and safety through the current system of state licensure.
  140  The compact is designed to achieve the following objectives:
  141         (a)Increase public access to social work services.
  142         (b)Reduce overly burdensome and duplicative requirements
  143  associated with holding multiple licenses.
  144         (c)Enhance the member states’ ability to protect the
  145  public’s health and safety.
  146         (d)Encourage the cooperation of member states in
  147  regulating multistate practice of licensed social workers.
  148         (e)Promote mobility and address workforce shortages by
  149  eliminating the necessity for licenses in multiple states
  150  through the mutual recognition of other member state licenses.
  151         (f)Support military families.
  152         (g)Facilitate the exchange of licensure and disciplinary
  153  information among member states.
  154         (h)Authorize all member states to hold a licensed social
  155  worker accountable for abiding by the laws, regulations, and
  156  applicable professional standards in the member state in which
  157  the client is located at the time care is rendered.
  158         (i)Allow for the use of telehealth to facilitate increased
  159  access to regulated social work services.
  160         (2)DEFINITIONS.—As used in the compact, and except as
  161  otherwise provided, the term:
  162         (a)“Active military member” means any individual on full
  163  time duty status in the active armed forces of the United
  164  States, including members of the National Guard and Reserve.
  165         (b)“Adverse action” means any administrative, civil,
  166  equitable, or criminal action authorized by a state’s laws which
  167  is imposed by a licensing authority or other authority against a
  168  licensed social worker, including actions against an
  169  individual’s license or multistate authorization to practice,
  170  such as revocation, suspension, probation, monitoring of the
  171  licensee, limitation on the licensee’s practice, or any other
  172  encumbrance on licensure affecting a licensed social worker’s
  173  authorization to practice, including issuance of a cease and
  174  desist action.
  175         (c)“Alternative program” means a nondisciplinary
  176  monitoring or practice remediation process approved by a
  177  licensing authority to address practitioners with an impairment.
  178         (d)“Charter member state” means a member state that
  179  enacted legislation to adopt the compact before the effective
  180  date of the compact as provided in subsection (14).
  181         (e)“Compact commission” or “commission” means the
  182  administrative body whose membership consists of all states that
  183  have enacted the compact, which is known as the Social Work
  184  Licensure Compact Commission, and which operates as an
  185  instrumentality of the member states.
  186         (f)“Current significant investigative information” means:
  187         1.Investigative information that a licensing authority,
  188  after a preliminary inquiry that includes notification and an
  189  opportunity for the licensed social worker to respond, has
  190  reason to believe is not groundless and, if proved true, would
  191  indicate more than a minor infraction as may be defined by the
  192  commission; or
  193         2.Investigative information that indicates that the
  194  licensed social worker represents an immediate threat to public
  195  health and safety, as defined by the commission, regardless of
  196  whether the licensed social worker has been notified and has had
  197  an opportunity to respond.
  198         (g)“Data system” means a repository of information about
  199  licensees, including, but not limited to, continuing education,
  200  examination, licensure status, current significant investigative
  201  information, disqualifying events, multistate licenses, adverse
  202  action information, and other information required by the
  203  commission.
  204         (h)“Disqualifying event” means any adverse action or
  205  incident that results in an encumbrance that disqualifies or
  206  makes the licensee ineligible to obtain, retain, or renew a
  207  multistate license.
  208         (i)“Domicile” means the jurisdiction in which the licensee
  209  resides and intends to remain indefinitely.
  210         (j)“Encumbrance” means a revocation or suspension of, or
  211  any limitation on, the full and unrestricted practice of social
  212  work as licensed and regulated by a licensing authority.
  213         (k)“Executive committee” means a group of delegates
  214  elected or appointed to act on behalf of, and within the powers
  215  granted to them by, the compact and commission.
  216         (l)“Home state” means the member state that is the
  217  licensee’s primary domicile.
  218         (m)“Impairment” means a condition that may impair a
  219  practitioner’s ability to engage in full and unrestricted
  220  practice as a licensed social worker without some type of
  221  intervention and may include, but is not limited to, alcohol and
  222  drug dependence, a mental health impairment, or neurological or
  223  physical impairments.
  224         (n)“Licensed social worker” means any clinical, master’s,
  225  or bachelor’s category social worker licensed by a member state
  226  regardless of the title used by that member state.
  227         (o)“Licensee” means an individual who currently holds a
  228  license from a state to practice as a licensed social worker.
  229         (p)“Licensing authority” means the board or agency of a
  230  member state, or equivalent, which is responsible for the
  231  licensing and regulation of licensed social workers.
  232         (q)“Member state” means a state, commonwealth, district,
  233  or territory of the United States of America which has enacted
  234  the compact.
  235         (r)“Multistate authorization to practice” means a legally
  236  authorized privilege to practice which is equivalent to a
  237  license associated with a multistate license authorizing the
  238  practice of social work in a remote state.
  239         (s)“Multistate license” means a license to practice as a
  240  licensed social worker issued by a home state’s licensing
  241  authority which authorizes the licensed social worker to
  242  practice in all member states under the multistate authorization
  243  to practice.
  244         (t)“Qualifying national exam” means a national licensing
  245  examination approved by the commission.
  246         (u)“Remote state” means a member state other than the
  247  licensee’s home state.
  248         (v)“Rule” means a regulation adopted by the commission, as
  249  authorized by the compact, which regulation has the force of
  250  law.
  251         (w)“Single-state license” means a license to practice
  252  social work issued by any state which authorizes practice only
  253  within the issuing state. The term does not include a multistate
  254  authorization to practice in any member state.
  255         (x)“Social work” or “social work services” means the
  256  application of social work theory, knowledge, methods, and
  257  ethics, and the professional use of self to restore or enhance
  258  social, psychosocial, or biopsychosocial functioning of
  259  individuals, couples, families, groups, organizations, and
  260  communities through the care and services provided by a licensed
  261  social worker as set forth in the member state’s statutes and
  262  regulations in the state where the services are being provided.
  263         (y)“State” means any state, commonwealth, district, or
  264  territory of the United States of America which regulates the
  265  practice of social work.
  266         (z)“Unencumbered license” means a license that authorizes
  267  a licensed social worker to engage in the full and unrestricted
  268  practice of social work.
  269         (3)STATE PARTICIPATION IN THE COMPACT.—
  270         (a)To be eligible to participate in the compact, a
  271  potential member state must meet all of the following criteria
  272  at the time of joining the compact:
  273         1.License and regulate the practice of social work in the
  274  clinical, master’s, or bachelor’s categories.
  275         2.Require applicants for licensure to graduate from a
  276  program that:
  277         a.Is operated by a college or university recognized by the
  278  state’s licensing authority;
  279         b.Is accredited, or in candidacy by an institution that
  280  subsequently becomes accredited, by an accrediting agency
  281  recognized by either:
  282         (I)The Council for Higher Education Accreditation, or its
  283  successor; or
  284         (II)The United States Department of Education; and
  285         c.Corresponds to the multistate license sought as outlined
  286  in subsection (4).
  287         3.Require applicants for clinical licensure to complete a
  288  period of supervised practice.
  289         4.Have a mechanism in place for receiving, investigating,
  290  and adjudicating complaints about licensees.
  291         (b)To maintain membership in the compact, a member state
  292  must:
  293         1.Require applicants for a multistate license to pass a
  294  qualifying national exam for the corresponding category of
  295  multistate license sought as outlined in subsection (4);
  296         2.Participate fully in the commission’s data system,
  297  including using the commission’s unique identifier as defined by
  298  commission rule;
  299         3.Notify the commission, in compliance with the terms of
  300  the compact and rules, of any adverse action or the availability
  301  of current significant investigative information regarding a
  302  licensee;
  303         4.Implement procedures for considering the criminal
  304  history records of applicants for a multistate license. Such
  305  procedures must include the submission of fingerprints or other
  306  biometric-based information by applicants for the purpose of
  307  obtaining an applicant’s criminal history record information
  308  from the Federal Bureau of Investigation and the agency
  309  responsible for retaining that state’s criminal records;
  310         5.Comply with the rules of the commission;
  311         6.Require an applicant to obtain or retain a license in
  312  the home state and meet the home state’s qualifications for
  313  licensure or renewal of licensure, as well as all other
  314  applicable home state laws;
  315         7.Authorize a licensee holding a multistate license in any
  316  member state to practice in accordance with the terms of the
  317  compact and rules of the commission; and
  318         8.Designate a delegate to participate in commission
  319  meetings.
  320         (c)A member state meeting the requirements of paragraphs
  321  (a) and (b) shall designate the categories of social work
  322  licensure which are eligible for issuance of a multistate
  323  license for applicants in such member state. To the extent that
  324  any member state does not meet the requirements for
  325  participation in the compact for any particular category of
  326  social work licensure, such member state may, but is not
  327  obligated to, issue a multistate license to applicants who
  328  otherwise meet the requirements of subsection (4) for issuance
  329  of a multistate license in such category or categories of
  330  licensure.
  331         (4)SOCIAL WORKER PARTICIPATION IN THE COMPACT.—
  332         (a)To be eligible for a multistate license under the
  333  compact, an applicant, regardless of license category, must meet
  334  all of the following criteria:
  335         1.Hold or be eligible for an active, unencumbered license
  336  in the home state.
  337         2.Submit, in connection with an application for a
  338  multistate license, fingerprints or other biometric data for the
  339  purpose of obtaining criminal history record information from
  340  the Federal Bureau of Investigation and the agency responsible
  341  for retaining that state’s criminal records.
  342         3.Notify the home state of any adverse action,
  343  encumbrance, or restriction on any professional license imposed
  344  by any member state or nonmember state within 30 days after the
  345  date the action is taken.
  346         4.Meet any continuing competency requirements established
  347  by the home state.
  348         5.Abide by the laws, regulations, and applicable standards
  349  in the member state where the client is located at the time care
  350  is rendered.
  351         (b)An applicant for a clinical-category multistate license
  352  must meet all of the following requirements:
  353         1.Fulfill a competency requirement, which may be satisfied
  354  by any of the following:
  355         a.Passage of a clinical-category qualifying national exam;
  356         b.For applicants licensed before a qualifying national
  357  exam was required by the home state in the clinical category,
  358  licensure of the applicant in his or her home state in the
  359  clinical category, accompanied by a period of continuous social
  360  work licensure thereafter, all of which may be further governed
  361  by the rules of the commission; or
  362         c.The substantial equivalency of the foregoing competency
  363  requirements which the commission may determine by rule.
  364         2.Attain at least a master’s degree in social work from a
  365  program that is:
  366         a.Operated by a college or university recognized by the
  367  state’s licensing authority; and
  368         b.Accredited, or in candidacy that subsequently receives
  369  accreditation, by an accrediting agency recognized by either:
  370         (I)The Council for Higher Education Accreditation or its
  371  successor; or
  372         (II)The United States Department of Education.
  373         3.Fulfill a practice requirement, which may be satisfied
  374  by demonstrating completion of any of the following:
  375         a.A period of postgraduate supervised clinical practice
  376  equal to a minimum of 3,000 hours;
  377         b.A minimum of 2 years of full-time postgraduate
  378  supervised clinical practice; or
  379         c.The substantial equivalency of the foregoing practice
  380  requirements which the commission may determine by rule.
  381         (c)An applicant for a master’s-category multistate license
  382  must meet all of the following requirements:
  383         1.Fulfill a competency requirement, which may be satisfied
  384  by any of the following:
  385         a.Passage of a masters-category qualifying national exam;
  386         b.For applicants licensed before a qualifying national
  387  exam was required by the home state in the master’s category,
  388  licensure of the applicant in his or her home state in the
  389  master’s category, accompanied by a continuous period of social
  390  work licensure thereafter, all of which may be further governed
  391  by the rules of the commission; or
  392         c.The substantial equivalency of the foregoing competency
  393  requirements which the commission may determine by rule.
  394         2.Attain at least a master’s degree in social work from a
  395  program that is:
  396         a.Operated by a college or university recognized by the
  397  state’s licensing authority; and
  398         b.Accredited, or in candidacy that subsequently becomes
  399  accredited, by an accrediting agency recognized by either:
  400         (I)The Council for Higher Education Accreditation or its
  401  successor; or
  402         (II)The United States Department of Education.
  403         (d)An applicant for a bachelor’s-category multistate
  404  license must meet all of the following requirements:
  405         1.Fulfill a competency requirement, which may be satisfied
  406  by any of the following:
  407         a.Passage of a bachelor’s-category qualifying national
  408  exam;
  409         b.For applicants licensed before a qualifying national
  410  exam was required by the home state in the bachelor’s category,
  411  licensure of the applicant in his or her home state at the
  412  bachelor’s category, accompanied by a period of continuous
  413  social work licensure thereafter, all of which may be further
  414  governed by the rules of the commission; or
  415         c.The substantial equivalency of the foregoing competency
  416  requirements which the commission may determine by rule.
  417         2.Attain at least a bachelor’s degree in social work from
  418  a program that is:
  419         a.Operated by a college or university recognized by the
  420  state’s licensing authority; and
  421         b.Accredited, or in candidacy that subsequently becomes
  422  accredited, by an accrediting agency recognized by either:
  423         (I)The Council for Higher Education Accreditation or its
  424  successor; or
  425         (II)The United States Department of Education.
  426         (e)The multistate license for a licensed social worker is
  427  subject to the renewal requirements of the home state. The
  428  licensed social worker must maintain compliance with the
  429  requirements of paragraph (a).
  430         (f)The licensed social worker’s services in a remote state
  431  are subject to that remote state’s regulatory authority. A
  432  remote state may, in accordance with due process and that remote
  433  state’s laws, remove a licensed social worker’s multistate
  434  authorization to practice in the remote state for a specific
  435  period of time, impose fines, and take any other necessary
  436  actions to protect the health and safety of its citizens.
  437         (g)If a multistate license is encumbered, the licensed
  438  social worker’s multistate authorization to practice must be
  439  deactivated in all remote states until the multistate license is
  440  no longer encumbered.
  441         (h)If a multistate authorization to practice is encumbered
  442  in a remote state, the licensed social worker’s multistate
  443  authorization to practice may be deactivated in that state until
  444  the multistate license is no longer encumbered.
  445         (5)ISSUANCE OF A MULTISTATE LICENSE.—
  446         (a)Upon receipt of an application for a multistate
  447  license, the home state’s licensing authority shall determine
  448  the applicant’s eligibility for a multistate license in
  449  accordance with subsection (4).
  450         (b)If such applicant is eligible under subsection (4), the
  451  home state’s licensing authority must issue a multistate license
  452  that authorizes the applicant or licensed social worker to
  453  practice in all member states under a multistate authorization
  454  to practice.
  455         (c)Upon issuance of a multistate license, the home state’s
  456  licensing authority shall designate whether the licensed social
  457  worker holds a multistate license at the bachelor’s, master’s,
  458  or clinical categories of social work.
  459         (d)A multistate license issued by a home state to a
  460  resident in that state must be recognized by all compact member
  461  states as authorizing social work practice under a multistate
  462  authorization to practice corresponding to each category of
  463  licensure regulated in the member state.
  464         (6)AUTHORITY OF THE COMPACT, COMMISSION, AND MEMBER STATE
  465  LICENSING AUTHORITIES.—
  466         (a)The compact and rules of the commission may not be
  467  construed to limit, restrict, or in any way reduce the ability
  468  of a member state to:
  469         1.Enact and enforce laws, regulations, or other rules
  470  related to the practice of social work in that state, provided
  471  those laws, regulations, or other rules do not conflict with the
  472  provisions of the compact.
  473         2.Take adverse action against a licensee’s single-state
  474  license to practice social work in that state.
  475         3.Take adverse action against a licensee’s multistate
  476  authorization to practice in that state.
  477         (b)The compact does not affect the requirements
  478  established by a member state for the issuance of a single-state
  479  license.
  480         (c)The compact and rules of the commission may not be
  481  construed to limit, restrict, or in any way reduce the ability
  482  of a licensee’s home state to take adverse action against a
  483  licensee’s multistate license based upon information provided by
  484  a remote state.
  485         (7)REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME
  486  STATE.—
  487         (a)A licensee may hold a multistate license, issued by his
  488  or her home state, in only one member state at any given time.
  489         (b)If a licensee changes his or her home state by moving
  490  between two member states, the following requirements apply:
  491         1.The licensee must immediately apply for the reissuance
  492  of the multistate license in the new home state. The licensee
  493  shall notify the former home state in accordance with the rules
  494  of the commission.
  495         2.Upon receipt of an application to reissue a multistate
  496  license, the new home state must verify that the multistate
  497  license is active, unencumbered, and eligible for reissuance
  498  under the terms of the compact and the rules of the commission.
  499  The multistate license issued by the former home state must be
  500  deactivated and all member states notified in accordance with
  501  the applicable rules adopted by the commission.
  502         3.Before reissuing the multistate license, the new home
  503  state must follow the procedures established by the compact and
  504  commission rule for reviewing the criminal history records of
  505  the licensee. Such procedures must include the submission of
  506  fingerprints or other biometric-based information by applicants
  507  for the purpose of obtaining an applicant’s criminal history
  508  record information from the Federal Bureau of Investigation and
  509  the agency responsible for retaining that state’s criminal
  510  records.
  511         4.If required for initial licensure, the new home state
  512  may require completion of jurisprudence requirements in the new
  513  home state.
  514         5.Notwithstanding any other provision of the compact, if a
  515  licensee does not meet the requirements set forth in the compact
  516  for the reissuance of a multistate license by the new home
  517  state, the licensee is subject to the new home state
  518  requirements for the issuance of a single-state license in that
  519  state.
  520         (c)If a licensee changes his or her domicile by moving
  521  from a member state to a nonmember state, or from a nonmember
  522  state to a member state, the licensee is subject to the state’s
  523  requirements for the issuance of a single-state license in the
  524  new home state.
  525         (d)The compact does not interfere with a licensee’s
  526  ability to hold a single-state license in multiple states;
  527  however, for the purposes of the compact, a licensee may have
  528  only one home state and only one multistate license.
  529         (e)The compact does not interfere with the requirements
  530  established by a member state for the issuance of a single-state
  531  license.
  532         (8)MILITARY FAMILIES.—An active military member or his or
  533  her spouse shall designate a home state as the state in which
  534  the individual holds a multistate license. The individual may
  535  retain the home state designation during the period the
  536  servicemember is on active duty.
  537         (9)ADVERSE ACTION.—
  538         (a)In addition to the other powers conferred by state law,
  539  a remote state has the authority, in accordance with existing
  540  state due process law, to take adverse action against a licensed
  541  social worker’s multistate authorization to practice, but only
  542  within that member state, and to issue subpoenas for hearings
  543  and investigations that require the attendance and testimony of
  544  witnesses as well as the production of evidence. Subpoenas
  545  issued by a licensing authority in a member state for the
  546  attendance and testimony of witnesses or the production of
  547  evidence from another member state must be enforced in the
  548  latter state by any court of competent jurisdiction, according
  549  to the practice and procedure of that court applicable to
  550  subpoenas issued in proceedings pending before it. The issuing
  551  authority shall pay any witness fees, travel expenses, mileage,
  552  and other fees required by the service statutes of the state in
  553  which the witnesses or evidence are located.
  554         (b)Only the home state may take adverse action against a
  555  licensed social worker’s multistate license.
  556         (c)For purposes of taking adverse action, the home state
  557  must give the same priority and effect to reported conduct
  558  received from a member state as it would if the conduct had
  559  occurred within the home state. In so doing, the home state
  560  shall apply its own state laws to determine appropriate action.
  561         (d)The home state shall complete any pending
  562  investigations of a licensed social worker who changes his or
  563  her home state during the course of the investigation. The home
  564  state also may take appropriate action and shall promptly report
  565  the conclusions of the investigations to the administrator of
  566  the data system. The administrator of the data system shall
  567  promptly notify the new home state of any adverse action.
  568         (e)A member state, if otherwise authorized by state law,
  569  may recover from the affected licensed social worker the costs
  570  of investigations and dispositions of cases resulting from any
  571  adverse action taken against that licensed social worker.
  572         (f)A member state may take adverse action based on the
  573  factual findings of another member state, provided that the
  574  member state follows its own procedures for taking the adverse
  575  action.
  576         (g)1.In addition to the authority granted to a member
  577  state by its respective social work practice act or other
  578  applicable state law, any member state may participate with
  579  other member states in joint investigations of licensees.
  580         2.Member states shall share any investigative, litigation,
  581  or compliance materials in furtherance of any joint or
  582  individual investigation initiated under the compact.
  583         (h)If adverse action is taken by the home state against
  584  the multistate license of a licensed social worker, the licensed
  585  social worker’s multistate authorization to practice in all
  586  other member states must be deactivated until all encumbrances
  587  have been removed from the multistate license. All home state
  588  disciplinary orders that impose adverse action against the
  589  license of a licensed social worker must include a statement
  590  that the licensed social worker’s multistate authorization to
  591  practice is deactivated in all member states until all
  592  conditions of the decision, order, or agreement are satisfied.
  593         (i)If a member state takes adverse action, it must
  594  promptly notify the administrator of the data system. The
  595  administrator of the data system shall promptly notify the home
  596  state and all other member states of any adverse actions taken
  597  by remote states.
  598         (j)The compact does not override a member state’s decision
  599  that participation in an alternative program may be used in lieu
  600  of adverse action. The compact does not authorize a member state
  601  to demand the issuance of subpoenas for attendance and testimony
  602  of witnesses or the production of evidence from another member
  603  state for lawful actions within that member state.
  604         (k)The compact does not authorize a member state to impose
  605  discipline against a licensed social worker who holds a
  606  multistate authorization to practice for actions committed in
  607  another member state which were lawful in that state.
  608         (10)SOCIAL WORK LICENSURE COMPACT COMMISSION.—
  609         (a)Commission established.—The compact member states
  610  hereby create and establish a joint administrative body whose
  611  membership consists of all member states that have enacted the
  612  compact, to be known as the Social Work Licensure Compact
  613  Commission. The commission is an instrumentality of the compact
  614  states acting jointly and not an instrumentality of any one
  615  state. The commission shall come into existence on or after the
  616  effective date of the compact as set forth in subsection (14).
  617         (b)Membership, voting, and meetings.—
  618         1.Each member state is entitled to one delegate selected
  619  by that member state’s licensing authority.
  620         2.The delegate may be one of the following:
  621         a.A current member of the state’s licensing authority who
  622  is a licensed social worker or public member of the state’s
  623  licensing authority; or
  624         b.An administrator of the state’s licensing authority or
  625  his or her designee.
  626         3.The commission shall by rule or bylaw establish a term
  627  of office for delegates and may by rule or bylaw establish term
  628  limits.
  629         4.The commission may recommend removal or suspension of
  630  any delegate from office.
  631         5.A member state’s licensing authority shall fill any
  632  vacancy of its delegate on the commission within 60 days after
  633  the vacancy occurs.
  634         6.Each delegate is entitled to one vote on all matters
  635  before the commission requiring a vote by commission delegates.
  636         7.A delegate must vote in person or by such other means as
  637  provided in the bylaws. The bylaws may provide for delegates to
  638  meet by telecommunication, videoconference, or other similar
  639  electronic means of communication.
  640         8.The commission shall meet at least once during each
  641  calendar year. Additional meetings may be held as set forth in
  642  the bylaws. The commission may meet by telecommunication, video
  643  conference, or other similar electronic means of communication.
  644         (c)Powers.—The commission may do all of the following:
  645         1.Establish the fiscal year of the commission.
  646         2.Establish code of conduct and conflict of interest
  647  policies.
  648         3.Establish and amend rules and bylaws.
  649         4.Maintain its financial records in accordance with the
  650  bylaws.
  651         5.Meet and take such actions as are consistent with the
  652  provisions of the compact, the commission’s rules, and the
  653  bylaws.
  654         6.Initiate and conclude legal proceedings or actions in
  655  the name of the commission, provided that the standing of any
  656  state’s licensing authority to sue or be sued under applicable
  657  law is not affected.
  658         7.Maintain and certify records and information provided to
  659  a member state as the authenticated business records of the
  660  commission, and designate an agent to do so on the commission’s
  661  behalf.
  662         8.Purchase and maintain insurance and bonds.
  663         9.Borrow, accept, or contract for services of personnel,
  664  including, but not limited to, employees of a member state.
  665         10.Conduct an annual financial review.
  666         11.Hire employees and elect or appoint officers; fix
  667  compensation for, define duties of, and grant such individuals
  668  appropriate authority to carry out the purposes of the compact;
  669  and establish the commission’s personnel policies and programs
  670  relating to conflicts of interest, qualifications of personnel,
  671  and other related personnel matters.
  672         12.Assess and collect fees.
  673         13.Accept, receive, use, and dispose of any appropriate
  674  gifts, donations, grants of money, other revenue sources,
  675  equipment, supplies, materials, and services, provided that at
  676  all times the commission avoids any appearance of impropriety or
  677  conflict of interest.
  678         14.Lease, purchase, retain, own, hold, improve, or use any
  679  property, real, personal, or mixed, or any undivided interest
  680  therein.
  681         15.Sell, convey, mortgage, pledge, lease, exchange,
  682  abandon, or otherwise dispose of any property, real, personal,
  683  or mixed.
  684         16.Establish a budget and make expenditures.
  685         17.Borrow money.
  686         18.Appoint committees, including standing committees,
  687  composed of members, state regulators, state legislators or
  688  their representatives, consumer representatives, and such other
  689  interested persons as may be designated in the compact and the
  690  bylaws.
  691         19.Provide and receive information from, and cooperate
  692  with, law enforcement agencies.
  693         20.Establish and elect an executive committee, including a
  694  chair and a vice chair.
  695         21.Determine whether a state’s statutorily adopted compact
  696  language is materially different from the model compact language
  697  such that the state would not qualify for participation in the
  698  compact.
  699         22.Perform any other functions necessary to achieve the
  700  purposes of the compact.
  701         (d)The executive committee.
  702         1.The executive committee may act on behalf of the
  703  commission according to the terms of the compact. The powers,
  704  duties, and responsibilities of the executive committee include
  705  all of the following:
  706         a.Overseeing the day-to-day activities of administration
  707  of the compact, including enforcement and compliance with the
  708  compact and its rules and bylaws and other such duties as deemed
  709  necessary by the commission.
  710         b.Recommending to the commission changes to the rules or
  711  bylaws, changes to the compact legislation, and fees charged to
  712  compact member states, fees charged to licensees, and other
  713  fees.
  714         c.Ensuring compact administration services are
  715  appropriately provided, including by contract.
  716         d.Preparing and recommending the budget.
  717         e.Maintaining financial records on behalf of the
  718  commission.
  719         f.Monitoring compact compliance of member states and
  720  providing compliance reports to the commission.
  721         g.Establishing additional committees as necessary.
  722         h.Exercising the powers and duties of the commission in
  723  the interim between commission meetings, except for adopting or
  724  amending rules, adopting or amending bylaws, and exercising any
  725  other powers and duties expressly reserved to the commission by
  726  rule or bylaw.
  727         i.Performing other duties as provided in the rules or
  728  bylaws of the commission.
  729         2.The executive committee may be composed of up to 11
  730  members, as follows:
  731         a.A chair and vice chair, who must be voting members of
  732  the executive committee.
  733         b.Five voting members, selected by the commission from the
  734  current membership of the commission.
  735         c.Up to four ex-officio, nonvoting members from four
  736  recognized national social work organizations specified by the
  737  commission, selected by their respective organizations.
  738         3.The commission may remove any member of the executive
  739  committee as provided in the commission’s bylaws.
  740         4.The executive committee shall meet at least annually.
  741         a.Executive committee meetings must be open to the public,
  742  except that the executive committee may meet in a closed,
  743  nonpublic meeting as provided in subparagraph (f)2.
  744         b.The executive committee shall give 7 days’ notice of its
  745  meetings, posted on its website and as determined by the
  746  commission, to provide notice to persons with an interest in the
  747  business of the commission.
  748         c.The executive committee may hold a special meeting in
  749  accordance with sub-subparagraph (f)1.b.
  750         (e)Annual report.—The commission shall adopt and provide
  751  to the member states an annual report.
  752         (f)Meetings of the commission.
  753         1.All meetings of the commission are open to the public,
  754  except that the commission may meet in a closed, nonpublic
  755  meeting as provided in subparagraph 2.
  756         a.Public notice for all meetings of the full commission
  757  must be given in the same manner as required under the
  758  rulemaking provisions in subsection (12), except that the
  759  commission may hold a special meeting as provided in sub
  760  subparagraph b.
  761         b.The commission may hold a special meeting when it must
  762  meet to conduct emergency business by giving 48 hours’ notice to
  763  all commissioners, on the commission’s website, and other means
  764  as provided in the commission’s rules. The commission’s legal
  765  counsel shall certify that the commission’s need to meet
  766  qualifies as an emergency.
  767         2.The commission or the executive committee or other
  768  committees of the commission may convene in a closed, nonpublic
  769  meeting to receive legal advice or to discuss any of the
  770  following:
  771         a.Noncompliance of a member state with its obligations
  772  under the compact.
  773         b.The employment, compensation, discipline of, or other
  774  matters, practices, or procedures related to specific employees.
  775         c.Current or threatened discipline of a licensee by the
  776  commission or by a member state’s licensing authority.
  777         d.Current, threatened, or reasonably anticipated
  778  litigation.
  779         e.Negotiation of contracts for the purchase, lease, or
  780  sale of goods, services, or real estate.
  781         f.Accusing any person of a crime or formally censuring any
  782  person.
  783         g.Trade secrets or commercial or financial information
  784  that is privileged or confidential.
  785         h.Information of a personal nature where disclosure would
  786  constitute a clearly unwarranted invasion of personal privacy.
  787         i.Investigative records compiled for law enforcement
  788  purposes.
  789         j.Information related to any investigative reports
  790  prepared by or on behalf of or for use of the commission or
  791  other committee charged with responsibility of investigation or
  792  determination of compliance issues pursuant to the compact.
  793         k.Matters specifically exempted from disclosure by federal
  794  or member state law.
  795         l.Other matters as adopted by commission rule.
  796         3.If a meeting, or portion of a meeting, is closed, the
  797  presiding officer must state that the meeting will be closed and
  798  reference each relevant exempting provision, and such reference
  799  must be recorded in the minutes.
  800         4.The commission shall keep minutes that fully and clearly
  801  describe all matters discussed in a meeting and shall provide a
  802  full and accurate summary of actions taken, and the reasons
  803  therefore, including a description of the views expressed. All
  804  documents considered in connection with an action must be
  805  identified in the minutes. All minutes and documents of a closed
  806  meeting must remain under seal, subject to release only by a
  807  majority vote of the commission or order of a court of competent
  808  jurisdiction.
  809         (g)Financing of the commission.
  810         1.The commission shall pay, or provide for the payment of,
  811  the reasonable expenses of its establishment, organization, and
  812  ongoing activities.
  813         2.The commission may accept any appropriate revenue
  814  sources as provided in subparagraph (c)13.
  815         3.The commission may levy on and collect an annual
  816  assessment from each member state to cover the cost of the
  817  operations and activities of the commission and its staff, which
  818  must be in a total amount sufficient to cover its annual budget
  819  as approved each year for which revenue is not provided by other
  820  sources. The aggregate annual assessment amount for member
  821  states shall be allocated based upon a formula that the
  822  commission shall adopt by rule.
  823         4.The commission may not incur obligations of any kind
  824  before securing the funds adequate to meet such obligations; nor
  825  may the commission pledge the credit of any of the member
  826  states, except by and with the authority of the member state.
  827         5.The commission shall keep accurate accounts of all
  828  receipts and disbursements. The receipts and disbursements of
  829  the commission are subject to the financial review and
  830  accounting procedures established under its bylaws. However, all
  831  receipts and disbursements of funds handled by the commission
  832  are subject to an annual financial review by a certified or
  833  licensed public accountant, and the report of the financial
  834  review must be included in and become part of the annual report
  835  of the commission.
  836         (h)Qualified immunity, defense, and indemnification.
  837         1.The members, officers, executive director, employees,
  838  and representatives of the commission are immune from suit and
  839  liability, both personally and in their official capacity, for
  840  any claim for damage to or loss of property or personal injury
  841  or other civil liability caused by or arising out of any actual
  842  or alleged act, error, or omission that occurred, or that the
  843  person against whom the claim is made had a reasonable basis for
  844  believing occurred, within the scope of commission employment,
  845  duties, or responsibilities. This subparagraph may not be
  846  construed to protect any such person from suit or liability for
  847  any damage, loss, injury, or liability caused by the intentional
  848  or willful or wanton misconduct of that person. The procurement
  849  of insurance of any type by the commission does not compromise
  850  or limit the immunity granted hereunder.
  851         2.The commission shall defend any member, officer,
  852  executive director, employee, or representative of the
  853  commission in any civil action seeking to impose liability
  854  arising out of any actual or alleged act, error, or omission
  855  that occurred within the scope of commission employment, duties,
  856  or responsibilities, or that the commission determines the
  857  person against whom the claim is made had a reasonable basis for
  858  believing occurred within the scope of commission employment,
  859  duties, or responsibilities, provided that the actual or alleged
  860  act, error, or omission did not result from that person’s
  861  intentional or willful or wanton misconduct. This subparagraph
  862  may not be construed to prohibit such person from retaining his
  863  or her own counsel at his or her own expense.
  864         3.The commission shall indemnify and hold harmless any
  865  member, officer, executive director, employee, or representative
  866  of the commission for the amount of any settlement or judgment
  867  obtained against that person arising out of any actual or
  868  alleged act, error, or omission that occurred within the scope
  869  of commission employment, duties, or responsibilities, or that
  870  such person had a reasonable basis for believing occurred within
  871  the scope of commission employment, duties, or responsibilities,
  872  provided that the actual or alleged act, error, or omission did
  873  not result from the intentional or willful or wanton misconduct
  874  of that person.
  875         4.This paragraph may not be construed as a limitation on
  876  the liability of any licensee for professional malpractice or
  877  misconduct, which is governed solely by any other applicable
  878  state laws.
  879         5.The compact may not be interpreted to waive or otherwise
  880  abrogate a member state’s state action immunity or state action
  881  affirmative defense with respect to antitrust claims under the
  882  Sherman Act, Clayton Act, or any other state or federal
  883  antitrust or anticompetitive law or regulation.
  884         6.The compact may not be construed as a waiver of
  885  sovereign immunity by the member states or by the commission.
  886         (11)DATA SYSTEM.—
  887         (a)The commission shall provide for the development,
  888  maintenance, operation, and use of a coordinated database and
  889  reporting system containing licensure, adverse action, and any
  890  current significant investigative information on all licensees
  891  in member states.
  892         (b)The commission shall assign each applicant for a
  893  multistate license a unique identifier, as determined by the
  894  rules of the commission.
  895         (c)Notwithstanding any other state law to the contrary, a
  896  member state shall submit a uniform data set to the data system
  897  on all individuals to whom the compact is applicable as required
  898  by the rules of the commission, including all of the following
  899  information:
  900         1.Identifying information.
  901         2.Licensure data.
  902         3.Adverse actions against a license and related
  903  information.
  904         4.Nonconfidential information related to alternative
  905  program participation, the beginning and ending dates of such
  906  participation, and other information related to such
  907  participation not made confidential under member state law.
  908         5.Any denial of application for licensure and the reason
  909  for such denial.
  910         6.Any current significant investigative information.
  911         7.Other information that may facilitate the administration
  912  of the compact or the protection of the public, as determined by
  913  the rules of the commission.
  914         (d)The records and information provided to a member state
  915  under the compact or through the data system, when certified by
  916  the commission or an agent thereof, constitute the authenticated
  917  business records of the commission and are entitled to any
  918  associated hearsay exception in any relevant judicial, quasi
  919  judicial or administrative proceedings in a member state.
  920         (e)Current significant investigative information
  921  pertaining to a licensee in any member state may be made
  922  available only to other member states.
  923         (f)It is the responsibility of the member states to report
  924  any adverse action against a licensee and to monitor the
  925  database to determine whether adverse action has been taken
  926  against a licensee in another member state. Adverse action
  927  information pertaining to a licensee in any member state must be
  928  made available to other member states.
  929         (g)Member states contributing information to the data
  930  system may designate information that may not be shared with the
  931  public without the express permission of the contributing state.
  932         (h)Any information submitted to the data system which is
  933  subsequently expunged pursuant to federal law or the laws of the
  934  member state contributing the information must be removed from
  935  the data system.
  936         (12)RULEMAKING.—
  937         (a)The commission shall adopt rules to implement and
  938  administer the compact. A rule is invalid and has no force or
  939  effect if a court of competent jurisdiction holds that the rule
  940  is invalid because the commission exercised its rulemaking
  941  authority in a manner that is beyond the scope and purposes of
  942  the compact, or the powers granted hereunder, or based upon
  943  another applicable standard of review.
  944         (b)The rules of the commission have the force of law in
  945  each member state; however, if the rules of the commission
  946  conflict with the laws of the member state, as held by a court
  947  of competent jurisdiction, the rules of the commission are
  948  ineffective in that state to the extent of the conflict.
  949         (c)The commission shall exercise its rulemaking powers
  950  pursuant to the criteria set forth in this subsection and the
  951  rules adopted hereunder. Rules become binding the day after they
  952  are adopted or the date specified in the rule or amendment,
  953  whichever is later.
  954         (d)If a majority of the legislatures of the member states
  955  rejects a rule or portion of a rule, by enactment of a statute
  956  or resolution in the same manner used to adopt the compact
  957  within 4 years after the date of adoption of the rule, such rule
  958  has no further force and effect in any member state.
  959         (e)Rules must be adopted at a regular or special meeting
  960  of the commission.
  961         (f)Before adoption of a proposed rule, the commission
  962  shall hold a public hearing and allow persons to provide oral
  963  and written comments, data, facts, opinions, and arguments.
  964         (g)Before adoption of a proposed rule, and at least 30
  965  days before the meeting at which the commission will hold a
  966  public hearing on the proposed rule, the commission shall
  967  provide a notice of proposed rulemaking:
  968         1.On the website of the commission or other publicly
  969  accessible platform;
  970         2.To persons who have requested notice of the commission’s
  971  notices of proposed rulemaking; and
  972         3.In any other manner as specified by commission rule.
  973         (h)The notice of proposed rulemaking must include all of
  974  the following:
  975         1.The time, date, and location of the public hearing at
  976  which the commission will hear public comments on the proposed
  977  rule and, if different, the time, date, and location of the
  978  meeting where the commission will consider and vote on the
  979  proposed rule.
  980         2.If the hearing is held through telecommunication, video
  981  conference, or other electronic means, the mechanism for
  982  accessing the hearing in the notice of proposed rulemaking.
  983         3.The text of the proposed rule and the reasons
  984  necessitating the rule.
  985         4.A request for comments on the proposed rule from any
  986  interested person.
  987         5.The manner in which interested persons may submit
  988  written comments.
  989         (i)All hearings must be recorded. A copy of the recording
  990  and all written comments and documents received by the
  991  commission in response to the proposed rule must be made
  992  available to the public.
  993         (j)This subsection may not be construed as requiring a
  994  separate hearing on each rule. Rules may be grouped for the
  995  convenience of the commission at hearings required by this
  996  subsection.
  997         (k)The commission shall, by majority vote of all members,
  998  take final action on the proposed rule based on the rulemaking
  999  record and the full text of the rule.
 1000         1.The commission may adopt changes to the proposed rule if
 1001  the changes do not expand the original purpose of the proposed
 1002  rule.
 1003         2.The commission shall provide an explanation of the
 1004  reasons for substantive changes made to the proposed rule as
 1005  well as the reasons why substantive changes recommended by
 1006  commenters were not made.
 1007         3.The commission shall set a reasonable effective date for
 1008  each rule. Except for an emergency as provided in paragraph (l),
 1009  the effective date of the rule must be at least 30 days after
 1010  the commission issues the notice of rule adoption or amendment.
 1011         (l)Upon determination that an emergency exists, the
 1012  commission may consider and adopt an emergency rule with 48
 1013  hours’ notice, with opportunity to comment, provided that the
 1014  usual rulemaking procedures provided in the compact and in this
 1015  subsection are retroactively applied to the rule as soon as
 1016  reasonably possible, but in no event later than 90 days after
 1017  the effective date of the rule. For purposes of this paragraph,
 1018  an emergency rule is one that must be adopted immediately in
 1019  order to:
 1020         1.Meet an imminent threat to public health, safety, or
 1021  welfare;
 1022         2.Prevent a loss of commission or member state funds;
 1023         3.Meet a deadline for the adoption of a rule which is
 1024  established by federal law or rule; or
 1025         4.Protect public health and safety.
 1026         (m)The commission or an authorized committee of the
 1027  commission may direct revisions to a previously adopted rule for
 1028  purposes of correcting typographical errors, errors in format,
 1029  errors in consistency, or grammatical errors. Public notice of
 1030  any revisions must be posted on the commission’s website. The
 1031  revision is subject to challenge by any person for a period of
 1032  30 days after posting. The revision may be challenged only on
 1033  the grounds that the revision results in a material change to a
 1034  rule. A challenge must be made in writing and delivered to the
 1035  commission before the end of the notice period. If a challenge
 1036  is not made, the revision will take effect without further
 1037  action. If the revision is challenged, the revision may not take
 1038  effect without the approval of the commission.
 1039         (n)A member state’s rulemaking requirements apply under
 1040  this compact.
 1041         (13)OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT.—
 1042         (a)Oversight.
 1043         1.The executive and judicial branches of state government
 1044  in each member state shall enforce the compact and take all
 1045  actions necessary to implement the compact.
 1046         2.Except as otherwise provided in the compact, venue is
 1047  proper and judicial proceedings by or against the commission
 1048  shall be brought solely and exclusively in a court of competent
 1049  jurisdiction where the principal office of the commission is
 1050  located. The commission may waive venue and jurisdictional
 1051  defenses to the extent it adopts or consents to participate in
 1052  alternative dispute resolution proceedings. This paragraph does
 1053  not affect or limit the selection or propriety of venue in any
 1054  action against a licensee for professional malpractice,
 1055  misconduct, or any such similar matter.
 1056         3.The commission is entitled to receive service of process
 1057  in any proceeding regarding the enforcement or interpretation of
 1058  the compact and has standing to intervene in such a proceeding
 1059  for all purposes. Failure to provide the commission service of
 1060  process renders a judgment or order void as to the commission,
 1061  the compact, or adopted rules.
 1062         (b)Default, technical assistance, and termination.
 1063         1.If the commission determines that a member state has
 1064  defaulted in the performance of its obligations or
 1065  responsibilities under the compact or the adopted rules, the
 1066  commission must provide written notice to the defaulting state.
 1067  The notice of default must describe the default, the proposed
 1068  means of curing the default, and any other action that the
 1069  commission may take, and must offer training and specific
 1070  technical assistance regarding the default.
 1071         2.The commission shall provide a copy of the notice of
 1072  default to the other member states.
 1073         3.If a state in default fails to cure the default, the
 1074  defaulting state may be terminated from the compact upon an
 1075  affirmative vote of a majority of the delegates of the member
 1076  states, and all rights, privileges, and benefits conferred on
 1077  that state by the compact may be terminated on the effective
 1078  date of termination. A cure of the default does not relieve the
 1079  offending state of obligations or liabilities incurred during
 1080  the period of default.
 1081         4.Termination of membership in the compact may be imposed
 1082  only after all other means of securing compliance have been
 1083  exhausted. The commission shall give notice of intent to suspend
 1084  or terminate to the governor, the majority and minority leaders
 1085  of the defaulting state’s legislature, the defaulting state’s
 1086  licensing authority, and the licensing authority of each member
 1087  state.
 1088         5.A state that has its membership terminated from the
 1089  compact is responsible for all assessments, obligations, and
 1090  liabilities incurred through the effective date of termination,
 1091  including obligations that extend beyond the effective date of
 1092  termination.
 1093         6.Upon the termination of a state’s membership from the
 1094  compact, that state shall immediately provide notice to all
 1095  licensees within that state of such termination. The terminated
 1096  state shall continue to recognize all licenses granted under the
 1097  compact for at least 6 months after the date of the notice of
 1098  termination.
 1099         7.The commission does not bear any costs related to a
 1100  state that is found to be in default or that has been terminated
 1101  from the compact, unless agreed upon in writing between the
 1102  commission and the defaulting state.
 1103         8.The defaulting state may appeal the action of the
 1104  commission by petitioning the United States District Court for
 1105  the District of Columbia or the federal district where the
 1106  commission has its principal offices. The prevailing party shall
 1107  be awarded all costs of such litigation, including reasonable
 1108  attorney fees.
 1109         (c)Dispute resolution.
 1110         1.Upon request by a member state, the commission shall
 1111  attempt to resolve disputes related to the compact which arise
 1112  among member states and between member and nonmember states.
 1113         2.The commission shall adopt a rule providing for both
 1114  mediation and binding dispute resolution for disputes, as
 1115  appropriate.
 1116         (d)Enforcement.
 1117         1.By majority vote as provided by rule, the commission may
 1118  initiate legal action against a member state in default in the
 1119  United States District Court for the District of Columbia or the
 1120  federal district where the commission has its principal offices
 1121  to enforce compliance with the compact and its adopted rules.
 1122  The relief sought may include both injunctive relief and
 1123  damages. In the event judicial enforcement is necessary, the
 1124  prevailing party shall be awarded all costs of such litigation,
 1125  including reasonable attorney fees. The remedies herein are not
 1126  the exclusive remedies of the commission. The commission may
 1127  pursue any other remedies available under federal law or the
 1128  defaulting member state’s law.
 1129         2.A member state may initiate legal action against the
 1130  commission in the United States District Court for the District
 1131  of Columbia or the federal district where the commission has its
 1132  principal offices to enforce compliance with the compact and its
 1133  adopted rules. The relief sought may include both injunctive
 1134  relief and damages. In the event judicial enforcement is
 1135  necessary, the prevailing party shall be awarded all costs of
 1136  such litigation, including reasonable attorney fees.
 1137         3.Only a member state may seek enforcement of the compact
 1138  against the commission.
 1139         (14)EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT.—
 1140         (a)The compact becomes effective on the date the compact
 1141  statute is enacted into law in the seventh member state.
 1142         1.On or after the effective date of the compact, the
 1143  commission shall convene and review the enactment of each of the
 1144  first seven member states, to be known as the “charter member
 1145  states,” to determine if the statute enacted by each such
 1146  charter member state is materially different from the model
 1147  compact language.
 1148         a.A charter member state whose enactment is found to be
 1149  materially different from the model compact language is entitled
 1150  to the default process set forth in subsection (13).
 1151         b.If any member state is later found to be in default or
 1152  is terminated or withdraws from the compact, the commission
 1153  remains in existence and the compact remains in effect even if
 1154  the number of member states is less than seven.
 1155         2.Member states enacting the compact after the seven
 1156  initial charter member states are subject to the process set
 1157  forth in subparagraph (10)(c)21. to determine whether their
 1158  enactments are materially different from the model compact
 1159  language and whether they qualify for participation in the
 1160  compact.
 1161         3.All actions taken for the benefit of the commission or
 1162  in furtherance of administration of the compact before the
 1163  effective date of the compact or the commission coming into
 1164  existence are considered to be actions of the commission unless
 1165  specifically repudiated by the commission.
 1166         4.Any state that joins the compact subsequent to the
 1167  commission’s initial adoption of the rules and bylaws is subject
 1168  to the rules and bylaws as they exist on the date on which the
 1169  compact becomes law in that state. Any rule that has been
 1170  previously adopted by the commission has the full force and
 1171  effect of law on the day the compact becomes law in that state.
 1172         (b)Any member state may withdraw from the compact by
 1173  enacting a statute repealing the compact.
 1174         1.A member state’s withdrawal does not take effect until
 1175  180 days after enactment of the repealing statute.
 1176         2.Withdrawal does not affect the continuing requirement of
 1177  the withdrawing state’s licensing authority to comply with the
 1178  investigative and adverse action reporting requirements of the
 1179  compact before the effective date of withdrawal.
 1180         3.Upon enactment of a statute repealing the compact, a
 1181  state shall immediately provide notice of such withdrawal to all
 1182  licensees within that state. Notwithstanding any subsequent
 1183  statutory enactment to the contrary, such withdrawing state must
 1184  continue to recognize all licenses granted under the compact for
 1185  at least 6 months after the date of such notice of withdrawal.
 1186         (c)The compact may not be construed to invalidate or
 1187  prevent any licensure agreement or other cooperative arrangement
 1188  between a member state and a nonmember state which does not
 1189  conflict with the compact.
 1190         (d)The compact may be amended by the member states. An
 1191  amendment to the compact does not become effective and binding
 1192  on any member state until it is enacted into the laws of all
 1193  member states.
 1194         (15)CONSTRUCTION AND SEVERABILITY.—
 1195         (a)The compact and the commission’s rulemaking authority
 1196  shall be liberally construed so as to effectuate the purposes,
 1197  implementation, and administration of the compact. Provisions of
 1198  the compact expressly authorizing or requiring the adoption of
 1199  rules may not be construed to limit the commission’s rulemaking
 1200  authority solely for those purposes.
 1201         (b)The provisions of the compact are severable, and if any
 1202  phrase, clause, sentence, or provision of the compact is held by
 1203  a court of competent jurisdiction to be contrary to the
 1204  constitution of any member state, of a state seeking
 1205  participation in the compact, or of the United States, or the
 1206  applicability thereof to any government, agency, person, or
 1207  circumstance is held to be unconstitutional by a court of
 1208  competent jurisdiction, the validity of the remainder of the
 1209  compact and the applicability thereof to any other government,
 1210  agency, person, or circumstance is not affected.
 1211         (c)Notwithstanding paragraph (b), the commission may deny
 1212  a state’s participation in the compact, or may terminate a
 1213  member state’s participation in the compact in accordance with
 1214  the requirements of paragraph (13)(b), if it determines that a
 1215  constitutional requirement of a member state is a material
 1216  departure from the compact. Otherwise, if the compact is held to
 1217  be contrary to the constitution of any member state, the compact
 1218  remains in full force and effect as to the remaining member
 1219  states and in full force and effect as to the member state
 1220  affected as to all severable matters.
 1221         (16)CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS.—
 1222         (a)A licensee providing services in a remote state under a
 1223  multistate authorization to practice shall adhere to the laws
 1224  and regulations, including applicable standards, of the remote
 1225  state where the client is located at the time care is rendered.
 1226         (b)The compact does not prevent or inhibit the enforcement
 1227  of any other law of a member state which is not inconsistent
 1228  with the compact.
 1229         (c)Any laws, statutes, regulations, or other legal
 1230  requirements in a member state in conflict with the compact are
 1231  superseded to the extent of the conflict.
 1232         (d)All permissible agreements between the commission and
 1233  the member states are binding in accordance with their terms.
 1234         Section 2. Subsection (10) of section 456.073, Florida
 1235  Statutes, is amended to read:
 1236         456.073 Disciplinary proceedings.—Disciplinary proceedings
 1237  for each board shall be within the jurisdiction of the
 1238  department.
 1239         (10) The complaint and all information obtained pursuant to
 1240  the investigation by the department are confidential and exempt
 1241  from s. 119.07(1) until 10 days after probable cause has been
 1242  found to exist by the probable cause panel or by the department,
 1243  or until the regulated professional or subject of the
 1244  investigation waives his or her privilege of confidentiality,
 1245  whichever occurs first. The department shall report any
 1246  significant investigation information relating to a nurse
 1247  holding a multistate license to the coordinated licensure
 1248  information system pursuant to s. 464.0095;, and any significant
 1249  investigatory information relating to a health care practitioner
 1250  practicing under the Professional Counselors Licensure Compact
 1251  to the data system pursuant to s. 491.017, and any significant
 1252  investigatory information relating to a psychologist practicing
 1253  under the Psychology Interjurisdictional Compact to the
 1254  coordinated licensure information system pursuant to s.
 1255  490.0075; any significant investigatory information relating to
 1256  a health care practitioner practicing under the Professional
 1257  Counselors Licensure Compact to the data system pursuant to s.
 1258  491.017; and any significant investigatory information relating
 1259  to a clinical social worker practicing under the Social Work
 1260  Licensure Compact to the data system pursuant to s. 491.019.
 1261  Upon completion of the investigation and a recommendation by the
 1262  department to find probable cause, and pursuant to a written
 1263  request by the subject or the subject’s attorney, the department
 1264  shall provide the subject an opportunity to inspect the
 1265  investigative file or, at the subject’s expense, forward to the
 1266  subject a copy of the investigative file. Notwithstanding s.
 1267  456.057, the subject may inspect or receive a copy of any expert
 1268  witness report or patient record connected with the
 1269  investigation if the subject agrees in writing to maintain the
 1270  confidentiality of any information received under this
 1271  subsection until 10 days after probable cause is found and to
 1272  maintain the confidentiality of patient records pursuant to s.
 1273  456.057. The subject may file a written response to the
 1274  information contained in the investigative file. Such response
 1275  must be filed within 20 days of mailing by the department,
 1276  unless an extension of time has been granted by the department.
 1277  This subsection does not prohibit the department from providing
 1278  such information to any law enforcement agency or to any other
 1279  regulatory agency.
 1280         Section 3. Subsection (5) of section 456.076, Florida
 1281  Statutes, is amended to read:
 1282         456.076 Impaired practitioner programs.—
 1283         (5) A consultant shall enter into a participant contract
 1284  with an impaired practitioner and shall establish the terms of
 1285  monitoring and shall include the terms in a participant
 1286  contract. In establishing the terms of monitoring, the
 1287  consultant may consider the recommendations of one or more
 1288  approved evaluators, treatment programs, or treatment providers.
 1289  A consultant may modify the terms of monitoring if the
 1290  consultant concludes, through the course of monitoring, that
 1291  extended, additional, or amended terms of monitoring are
 1292  required for the protection of the health, safety, and welfare
 1293  of the public. If the impaired practitioner is a psychologist
 1294  practicing under the Psychology Interjurisdictional Compact
 1295  pursuant to s. 490.0075, a health care practitioner practicing
 1296  under the Professional Counselors Licensure Compact pursuant to
 1297  s. 491.017, or a clinical social worker practicing under the
 1298  Social Work Licensure Compact pursuant to s. 491.019, the terms
 1299  of the monitoring contract must include the impaired
 1300  practitioner’s withdrawal from all practice under the compact.
 1301  If the impaired practitioner is a psychologist practicing under
 1302  the Psychology Interjurisdictional Compact pursuant to s.
 1303  490.0075, the terms of the monitoring contract must include the
 1304  impaired practitioner’s withdrawal from all practice under the
 1305  compact.
 1306         Section 4. Subsection (9) is added to section 491.004,
 1307  Florida Statutes, to read:
 1308         491.004 Board of Clinical Social Work, Marriage and Family
 1309  Therapy, and Mental Health Counseling.—
 1310         (9) The board shall appoint an individual to serve as the
 1311  state’s delegate on the Social Work Licensure Compact
 1312  Commission, as required under s. 491.019.
 1313         Section 5. Subsection (6) of section 491.005, Florida
 1314  Statutes, is amended to read:
 1315         491.005 Licensure by examination.—
 1316         (6) EXEMPTIONS EXEMPTION.—The following persons are exempt
 1317  from the licensure requirements of this section, as applicable:
 1318         (a) A person licensed as a clinical social worker, marriage
 1319  and family therapist, or mental health counselor in another
 1320  state who is practicing under the Professional Counselors
 1321  Licensure Compact pursuant to s. 491.017, and only within the
 1322  scope provided therein.
 1323         (b)A person licensed as a social worker in another state
 1324  who is practicing under the Social Work Licensure Compact
 1325  pursuant to s. 491.019, and only within the scope provided
 1326  therein, is exempt from the licensure requirements of this
 1327  section, as applicable.
 1328         Section 6. Subsection (3) of section 491.006, Florida
 1329  Statutes, is amended to read:
 1330         491.006 Licensure or certification by endorsement.—
 1331         (3) The following persons are exempt from the licensure
 1332  requirements of this section, as applicable:
 1333         (a) A person licensed as a clinical social worker, marriage
 1334  and family therapist, or mental health counselor in another
 1335  state who is practicing under the Professional Counselors
 1336  Licensure Compact pursuant to s. 491.017, and only within the
 1337  scope provided therein.
 1338         (b)A person licensed as a social worker in another state
 1339  who is practicing under the Social Work Licensure Compact
 1340  pursuant to s. 491.019, and only within the scope provided
 1341  therein, is exempt from the licensure requirements of this
 1342  section, as applicable.
 1343         Section 7. Section 491.009, Florida Statutes, is amended to
 1344  read:
 1345         491.009 Discipline.—
 1346         (1) The following acts constitute grounds for denial of a
 1347  license or disciplinary action, as specified in s. 456.072(2),
 1348  or s. 491.017, or s. 491.019:
 1349         (a) Attempting to obtain, obtaining, or renewing a license,
 1350  registration, or certificate under this chapter by bribery or
 1351  fraudulent misrepresentation or through an error of the board or
 1352  the department.
 1353         (b) Having a license, registration, or certificate to
 1354  practice a comparable profession revoked, suspended, or
 1355  otherwise acted against, including the denial of certification
 1356  or licensure by another state, territory, or country.
 1357         (c) Being convicted or found guilty of, regardless of
 1358  adjudication, or having entered a plea of nolo contendere to, a
 1359  crime in any jurisdiction which directly relates to the practice
 1360  of his or her profession or the ability to practice his or her
 1361  profession. However, in the case of a plea of nolo contendere,
 1362  the board shall allow the person who is the subject of the
 1363  disciplinary proceeding to present evidence in mitigation
 1364  relevant to the underlying charges and circumstances surrounding
 1365  the plea.
 1366         (d) False, deceptive, or misleading advertising or
 1367  obtaining a fee or other thing of value on the representation
 1368  that beneficial results from any treatment will be guaranteed.
 1369         (e) Advertising, practicing, or attempting to practice
 1370  under a name other than one’s own.
 1371         (f) Maintaining a professional association with any person
 1372  who the applicant, licensee, registered intern, or
 1373  certificateholder knows, or has reason to believe, is in
 1374  violation of this chapter or of a rule of the department or the
 1375  board.
 1376         (g) Knowingly aiding, assisting, procuring, or advising any
 1377  nonlicensed, nonregistered, or noncertified person to hold
 1378  himself or herself out as licensed, registered, or certified
 1379  under this chapter.
 1380         (h) Failing to perform any statutory or legal obligation
 1381  placed upon a person licensed, registered, or certified under
 1382  this chapter.
 1383         (i) Willfully making or filing a false report or record;
 1384  failing to file a report or record required by state or federal
 1385  law; willfully impeding or obstructing the filing of a report or
 1386  record; or inducing another person to make or file a false
 1387  report or record or to impede or obstruct the filing of a report
 1388  or record. Such report or record includes only a report or
 1389  record which requires the signature of a person licensed,
 1390  registered, or certified under this chapter.
 1391         (j) Paying a kickback, rebate, bonus, or other remuneration
 1392  for receiving a patient or client, or receiving a kickback,
 1393  rebate, bonus, or other remuneration for referring a patient or
 1394  client to another provider of mental health care services or to
 1395  a provider of health care services or goods; referring a patient
 1396  or client to oneself for services on a fee-paid basis when those
 1397  services are already being paid for by some other public or
 1398  private entity; or entering into a reciprocal referral
 1399  agreement.
 1400         (k) Committing any act upon a patient or client which would
 1401  constitute sexual battery or which would constitute sexual
 1402  misconduct as defined pursuant to s. 491.0111.
 1403         (l) Making misleading, deceptive, untrue, or fraudulent
 1404  representations in the practice of any profession licensed,
 1405  registered, or certified under this chapter.
 1406         (m) Soliciting patients or clients personally, or through
 1407  an agent, through the use of fraud, intimidation, undue
 1408  influence, or a form of overreaching or vexatious conduct.
 1409         (n) Failing to make available to a patient or client, upon
 1410  written request, copies of tests, reports, or documents in the
 1411  possession or under the control of the licensee, registered
 1412  intern, or certificateholder which have been prepared for and
 1413  paid for by the patient or client.
 1414         (o) Failing to respond within 30 days to a written
 1415  communication from the department or the board concerning any
 1416  investigation by the department or the board, or failing to make
 1417  available any relevant records with respect to any investigation
 1418  about the licensee’s, registered intern’s, or
 1419  certificateholder’s conduct or background.
 1420         (p) Being unable to practice the profession for which he or
 1421  she is licensed, registered, or certified under this chapter
 1422  with reasonable skill or competence as a result of any mental or
 1423  physical condition or by reason of illness; drunkenness; or
 1424  excessive use of drugs, narcotics, chemicals, or any other
 1425  substance. In enforcing this paragraph, upon a finding by the
 1426  State Surgeon General, the State Surgeon General’s designee, or
 1427  the board that probable cause exists to believe that the
 1428  licensee, registered intern, or certificateholder is unable to
 1429  practice the profession because of the reasons stated in this
 1430  paragraph, the department shall have the authority to compel a
 1431  licensee, registered intern, or certificateholder to submit to a
 1432  mental or physical examination by psychologists, physicians, or
 1433  other licensees under this chapter, designated by the department
 1434  or board. If the licensee, registered intern, or
 1435  certificateholder refuses to comply with such order, the
 1436  department’s order directing the examination may be enforced by
 1437  filing a petition for enforcement in the circuit court in the
 1438  circuit in which the licensee, registered intern, or
 1439  certificateholder resides or does business. The licensee,
 1440  registered intern, or certificateholder against whom the
 1441  petition is filed may not be named or identified by initials in
 1442  any public court records or documents, and the proceedings shall
 1443  be closed to the public. The department shall be entitled to the
 1444  summary procedure provided in s. 51.011. A licensee, registered
 1445  intern, or certificateholder affected under this paragraph shall
 1446  at reasonable intervals be afforded an opportunity to
 1447  demonstrate that he or she can resume the competent practice for
 1448  which he or she is licensed, registered, or certified with
 1449  reasonable skill and safety to patients.
 1450         (q) Performing any treatment or prescribing any therapy
 1451  which, by the prevailing standards of the mental health
 1452  professions in the community, would constitute experimentation
 1453  on human subjects, without first obtaining full, informed, and
 1454  written consent.
 1455         (r) Failing to meet the minimum standards of performance in
 1456  professional activities when measured against generally
 1457  prevailing peer performance, including the undertaking of
 1458  activities for which the licensee, registered intern, or
 1459  certificateholder is not qualified by training or experience.
 1460         (s) Delegating professional responsibilities to a person
 1461  who the licensee, registered intern, or certificateholder knows
 1462  or has reason to know is not qualified by training or experience
 1463  to perform such responsibilities.
 1464         (t) Violating a rule relating to the regulation of the
 1465  profession or a lawful order of the department or the board
 1466  previously entered in a disciplinary hearing.
 1467         (u) Failure of the licensee, registered intern, or
 1468  certificateholder to maintain in confidence a communication made
 1469  by a patient or client in the context of such services, except
 1470  as provided in s. 491.0147.
 1471         (v) Making public statements which are derived from test
 1472  data, client contacts, or behavioral research and which identify
 1473  or damage research subjects or clients.
 1474         (w) Violating any provision of this chapter or chapter 456,
 1475  or any rules adopted pursuant thereto.
 1476         (2)(a) The board or, in the case of certified master social
 1477  workers, the department may enter an order denying licensure or
 1478  imposing any of the penalties authorized in s. 456.072(2)
 1479  against any applicant for licensure or any licensee who violates
 1480  subsection (1) or s. 456.072(1).
 1481         (b) The board may take adverse action against a clinical
 1482  social worker’s, a marriage and family therapist’s, or a mental
 1483  health counselor’s privilege to practice under the Professional
 1484  Counselors Licensure Compact pursuant to s. 491.017 and may
 1485  impose any of the penalties in s. 456.072(2) if the clinical
 1486  social worker, marriage and family therapist, or mental health
 1487  counselor commits an act specified in subsection (1) or s.
 1488  456.072(1).
 1489         (c)The board may take adverse action against a social
 1490  worker’s multistate authorization to practice under the Social
 1491  Work Licensure Compact pursuant to s. 491.019 and may impose any
 1492  of the penalties in s. 456.072(2) if the social worker commits
 1493  an act specified in subsection (1) or s. 456.072(1).
 1494         Section 8. Paragraph (j) is added to subsection (10) of
 1495  section 768.28, Florida Statutes, to read:
 1496         768.28 Waiver of sovereign immunity in tort actions;
 1497  recovery limits; civil liability for damages caused during a
 1498  riot; limitation on attorney fees; statute of limitations;
 1499  exclusions; indemnification; risk management programs.—
 1500         (10)
 1501         (j) For purposes of this section, the individual appointed
 1502  under s. 491.004(9) as the state’s delegate on the Social Work
 1503  Licensure Compact Commission, when serving in that capacity
 1504  pursuant to s. 491.019, and any administrator, officer,
 1505  executive director, employee, or representative of the
 1506  commission, when acting within the scope of his or her
 1507  employment, duties, or responsibilities in this state, is
 1508  considered an agent of the state. The commission shall pay any
 1509  claims or judgments pursuant to this section and may maintain
 1510  insurance coverage to pay any such claims or judgments.
 1511         Section 9. The Department of Health shall notify the
 1512  Division of Law Revision upon enactment of the Social Work
 1513  Licensure Compact into law by seven states.
 1514         Section 10. This act shall take effect upon enactment of
 1515  the Social Work Licensure Compact into law by seven states.