The Vermont Statutes Online

Title 26: Professions and Occupations

Chapter 061: Social Workers

• Subchapter 001: GENERAL PROVISIONS

• § 3201. Definitions

  As used in this chapter:

  (1) “Clinical social work” is a specialty practice of social work within the practice of master’s social work and requires the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations and communities.

  (A) The practice of clinical social work requires the application of specialized clinical knowledge and advanced clinical skills in the areas of assessment, diagnosis, and treatment of mental, emotional, and behavioral disorders, conditions, and addictions.

  (B) Treatment methods include the provision of individual, marital, couple, family, and group counseling, and psychotherapy, which may occur in diverse settings.

  (C) The practice of clinical social work may include private practice and the provision of clinical supervision.

  (D) Licensed independent clinical social workers are qualified to use the Diagnostic and Statistical Manual of Mental Disorders (DSM), the International Classification of Diseases (ICD), and other diagnostic classification systems used in diagnosis and other activities.

  (2) “Director” means the Director of the Office of Professional Regulation.

  (3) “Licensed independent clinical social worker” means a person licensed under this chapter to practice clinical social work.

  (4) “Licensed master’s social worker” is a person licensed under this chapter to practice master’s social work. Psychotherapy is not within the scope of practice of a “licensed master’s social worker.” The practice of a licensed master’s social worker engaged in supervised practice toward licensure as a licensed independent clinical social worker may include the practices reserved for licensed independent clinical social workers.

  (5) “Master’s social work” means the application of social work theory, knowledge, methods, and ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities.

  (A) Master’s social work practice includes the application of specialized knowledge and advanced practice skills in the areas of assessment, treatment planning, implementation and evaluation, case management, information and referral, supportive counseling, supervision, consultation, education, research, advocacy, community organization, and the development, implementation, and administration of policies, programs, and activities.

  (B) Under supervision as provided in this chapter, the practice of master’s social work may include the practices reserved for clinical social workers.

  (6) “Office” means the Office of Professional Regulation.

  (7) “Psychotherapy” means the provision of treatment, diagnosis, evaluation, or counseling services to individuals or groups, for a consideration, for the purpose of alleviating mental disorders.

  (A) “Psychotherapy” involves the application of therapeutic techniques to understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behavior that interferes with effective emotional, social, or mental functioning.

  (B) “Psychotherapy” follows a systematic procedure of psychotherapeutic intervention that takes place on a regular basis over a period of time, or, in the case of evaluation and brief psychotherapies, in a single or limited number of interventions.

  (C) If a person is employed by or under contract with the Agency of Human Services, this definition does not apply to persons with less than a master’s degree; to persons providing life skills training or instruction, such as learning to make friends, to handle social situations, to do laundry, and to develop community awareness; or to interactions of employees or contracted individuals with clients whose job description or contract specifications do not specifically mention “psychotherapy” as a job responsibility or duty. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4; 1993, No. 98, § 20; 1993, No. 222 (Adj. Sess.), § 5; 1997, No. 40, § 49; 1997, No. 145 (Adj. Sess.), § 19; 2011, No. 116 (Adj. Sess.), § 53; 2015, No. 38, § 31, eff. July 1, 2017.)

• § 3202. Prohibition; offenses

  (a) A person shall not practice or attempt to practice licensed independent clinical social work or licensed master’s social work, nor shall any person use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is a licensed independent clinical social worker or a licensed master’s social worker unless the person is licensed in accordance with this chapter.

  (b) A person who violates any of the provisions of subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127.

  (c) A State agency or a subdivision or contractor thereof shall not use or permit the use of the title “social worker” other than in relation to an employee holding a bachelor’s, master’s, or doctoral degree from an accredited school or program of social work. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1993, No. 98, § 21, 2007, No. 29, § 41; 2015, No. 38, § 31, eff. July 1, 2017; 2015, No. 156 (Adj. Sess.), § 17, eff. July 1, 2017.)

• § 3203. Director duties

  (a) The Director shall:

  (1) explain appeal procedures to licensees and applicants and complaint procedures to the public;

  (2) administer fees collected under this chapter;

  (3) provide general information to applicants for licensure as licensed independent clinical social workers and licensed master’s social workers;

  (4) receive applications for licensing, license applicants qualified under this chapter, or renew, revoke, reinstate, and condition licenses as ordered by an administrative law officer; and

  (5) adopt by rule criteria for licensing independent clinical social workers and licensed master’s social workers who have five years’ licensed or certified practice experience in another jurisdiction of the United States or Canada.

  (b) The Director, with the advice of two licensed social workers appointed under section 3204 of this chapter, may adopt rules necessary to enable the Director to perform his or her duties under subsection (a) of this section. (Added 1985, No. 253 (Adj. Sess.) § 1; amended 1989, No. 250 (Adj. Sess.), § 73; 1993, No. 98, § 22; 1997, No. 40, § 49(a); 2005, No. 27, § 91; 2015, No. 38, § 31, eff. July 1, 2017; 2015, No. 97 (Adj. Sess.), § 84.)

• § 3204. Advisor appointees

  (a) The Secretary of State shall appoint two individuals licensed under this chapter to serve as advisors in matters relating to licensed social workers. They shall be appointed as set forth in 3 V.S.A. § 129b and shall serve at the pleasure of the Secretary. One of the initial appointments may be for less than a full term.

  (b) Appointees shall not have less than three years’ licensed experience as a social worker and be in active practice in Vermont during incumbency.

  (c) The Director shall refer complaints and disciplinary matters to an administrative law officer established under 3 V.S.A. § 129(j).

  (d) The Director shall seek the advice of the advisors appointed under this section in carrying out the provisions of this chapter. Such members shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 74; 1993, No. 98, §§ 23, 24; 1997, No. 40, § 49(a); 2007, No. 29, § 42; 2015, No. 38, § 31, eff. July 1, 2017.)

• § 3205. Licensed master’s social worker eligibility

  To be eligible for licensing as a licensed master’s social worker, an applicant must have:

  (1) received a master’s degree or doctoral degree from an accredited social work education program; and

  (2) within five years prior to applying for licensure, passed the examinations designated by the Director. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4; 1993, No. 98, § 25; 1993, No. 222 (Adj. Sess.), § 5a; 1997, No. 40, § 35; 2005, No. 148 (Adj. Sess.), § 35; 2011, No. 116 (Adj. Sess.), § 54; 2013, No. 138 (Adj. Sess.), § 25; 2015, No. 38, § 31, eff. July 1, 2017.)

• § 3205a. Licensed independent clinical social worker eligibility

  (a) To be eligible for licensure as a licensed independent clinical social worker, an applicant must have:

  (1) received a master’s degree or doctoral degree from an accredited social work education program;

  (2) passed the examinations designated by the Director within five years prior to applying for licensure; and

  (3) completed 3,000 hours of supervised practice of independent clinical social work as defined by rule under the supervision of a:

  (A) licensed independent clinical social worker;

  (B) licensed clinical mental health counselor;

  (C) licensed psychologist;

  (D) licensed physician or a licensed osteopathic physician who has completed a residency in psychiatry; or

  (E) person licensed or certified in another state or Canada in one of these professions or their substantial equivalent.

  (b) A person not licensed as a master’s social worker who engages in post-master’s supervised practice in Vermont toward licensure as a licensed independent clinical social worker shall be entered on the roster of nonlicensed, noncertified psychotherapists.

  (c) A licensed master’s social worker who engages in post-master’s supervised practice in Vermont to become a licensed independent clinical social worker must first register with the Office as set forth by rule. (Added 2015, No. 38, § 31, eff. July 1, 2017.)

• § 3206. Application

  A person who desires to be licensed under this chapter shall apply using an application form available from the Office, accompanied by payment of the specified fee. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1993, No. 98, § 26; 2015, No. 38, § 31, eff. July 1, 2017.)

• § 3207. Examinations

  The Director may contract with independent testing services for the preparation and administration of examinations. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), §§ 4(d), 75; 1993, No. 98, § 27; 2015, No. 38, § 31, eff. July 1, 2017.)

• § 3208. Renewals

  (a) Licenses shall be renewed every two years on a schedule determined by the Office upon payment of the required fee.

  (b) An application for reinstatement of a license that has expired shall be accompanied by the renewal fee in addition to other fees set forth in 3 V.S.A. chapter 5. A person shall not be required to pay renewal fees for the years during which the license was lapsed.

  (c) [Repealed.]

  (d) As a condition of renewal, a licensee shall complete continuing education, approved by the Director by rule, during the preceding two-year period. For purposes of this subsection, the Director may require, by rule, not more than 20 hours of approved continuing social work education as a condition of renewal. Synchronous virtual continuing education credits shall be approvable and accepted as live in-person training. Continuing education requirements shall include requiring one or more continuing education units in the area of systematic oppression and anti-oppressive practice, or in related topic areas, consistent with the report recommendations from the Health Equity Advisory Commission required pursuant to 2021 Acts and Resolves No. 33, Sec. 5 for improving cultural competency, cultural humility, and antiracism in Vermont’s health care system. If the licensee is licensed in one or more other mental health professions under this title, continuing education units completed for one mental health profession shall count toward the required continuing education units for the other mental health profession or professions for which the licensee is licensed under this title.

  (e) The Director may prescribe, by rule, reinstatement standards for persons wishing to resume practice after five years since holding an active license. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1993, No. 98, § 28; 1999, No. 52, § 28; 2015, No. 38, § 31, eff. July 1, 2017; 2021, No. 117 (Adj. Sess.), § 2, eff. July 1, 2023.)

• § 3209. Licensure by endorsement

  The Director may, upon payment of the required fee, grant a license without examination if:

  (1) the applicant holds an active license to practice licensed master’s social work or licensed independent clinical social work in another U.S. or Canadian jurisdiction; and

  (2) the requirements for licensing in that jurisdiction are, in the judgment of the Director, substantially equivalent to the requirements of this chapter. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1993, No. 98, § 29; 2015, No. 38, § 31, eff. July 1, 2017.)

• § 3210. Unprofessional conduct

  (a) The following conduct and the conduct set forth in 3 V.S.A. § 129a by a person licensed under this chapter constitutes unprofessional conduct. When that conduct is by an applicant or a person who later becomes an applicant, it may constitute grounds for denial or discipline of a license:

  (1) failing to use a correct title in professional activity;

  (2) conduct that evidences unfitness to practice licensed master’s or licensed independent clinical social work;

  (3) engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the licensee has had a professional relationship within the previous two years;

  (4) harassing, intimidating, or abusing a client or patient;

  (5) practicing outside or beyond a licensee’s education, training, experience, or competence;

  (6) having a conflict of interest that interferes with the exercise of the licensee’s professional responsibilities, discretion, and impartial judgment;

  (7) failing to inform a client when a real or potential conflict of interest arises and failing to take reasonable steps to resolve the issue in a manner that makes the client’s interest primary and protects the client’s interest to the greatest extent possible;

  (8) taking unfair advantage of any professional relationship or exploiting others to further the licensee’s personal, religious, political, or business interests;

  (9) engaging in dual or multiple relationships with a client or former client in which there is a risk of exploitation or potential harm to the client;

  (10) failing to take steps to protect a client and to set clear, appropriate, and culturally sensitive boundaries, in instances where dual or multiple relationships are unavoidable;

  (11) failing to clarify with all parties which individuals will be considered clients and the nature of the licensee’s professional obligations to the various individuals who are receiving services, when a licensee provides services to two or more people who have a spousal, familial, or other relationship with each other;

  (12) failing to clarify the licensee’s role with the parties involved and to take appropriate action to minimize any conflicts of interest, when the clinical social worker anticipates a conflict of interest among the individuals receiving services or anticipates having to perform in conflicting roles such as testifying in a child custody dispute or divorce proceedings involving clients; or

  (13) using conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.

  (b) After hearing, and upon a finding of unprofessional conduct, an administrative hearing officer may take disciplinary action against a licensee or applicant. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4(b); 1993, No. 98, § 30; 1993, No. 222 (Adj. Sess.), § 6; 1997, No. 40, § 36; 1997, No. 145 (Adj. Sess.), § 52; 1999, No. 133 (Adj. Sess.), § 29; 2015, No. 38, § 31, eff. July 1, 2017; 2015, No. 138 (Adj. Sess.), § 7, eff. July 1, 2017.)

• § 3211. Repealed. 1997, No. 59, § 65(3), eff. June 30, 1997.

• § 3212. Exemptions

  (a) The provisions of this chapter shall not apply to persons while engaged in the course of their customary duties as clergy, licensed physicians, nurses, osteopaths, optometrists, dentists, lawyers, psychologists, mental health counselors, certified marriage and family therapists and psychoanalysts, rostered psychotherapists, or licensed educators when performing their duties consistent with the accepted standards of their respective professions; provided, however, that they do not describe themselves to the public by any other title or description stating or implying that they are licensed master’s social workers or licensed independent clinical social workers under this chapter.

  (b) The provisions of this chapter shall not apply to persons while engaged in the course of their customary duties:

  (1) in the practice of a religious ministry;

  (2) in employment or rehabilitation counseling;

  (3) as an employee of or under contract with the Agency of Human Services, provided the person does not practice psychotherapy as defined in section 3201 of this title;

  (4) as a mediator;

  (5) in an official evaluation for court purposes;

  (6) as a member of a self-help group, such as Alcoholics Anonymous, peer counseling, or domestic violence groups, whether or not the person is serving for a consideration;

  (7) as a respite caregiver, foster care worker, or hospice worker.

  (c) [Repealed.] (Added 1993, No. 98, § 32; amended 1993, No. 222 (Adj. Sess.), § 7; 1995, No. 126 (Adj. Sess.), § 6; 1997, No. 145 (Adj. Sess.), § 20; 2015, No. 38, § 31, eff. July 1, 2017.)

• § 3212a. Exceptions

  (a) This chapter shall not apply to a person engaged or acting:

  (1) in the discharge of his or her duties as a student of clinical social work or preparing for the practice of clinical social work provided that the person’s title indicates his or her training status and that the preparation occurs under the supervision of a licensed practicing clinical social worker in recognized training institutions or facilities or in a training program approved by the Office of Professional Regulation;

  (2) in clinical training for licensure as a psychologist or clinical mental health counselor or for certification as a marriage and family therapist or a psychoanalyst provided that the person’s title indicates his or her training status and that the person does not identify him or herself as a clinical social worker.

  (b) Notwithstanding the provisions of subsection (a) of this section, this chapter shall apply to any person licensed as a clinical social worker under this chapter. (Added 1993, No. 222 (Adj. Sess.), § 7a; amended 1997, No. 145 (Adj. Sess.), § 21.)

• § 3213. Disclosure of information

  (a) The Director, in consultation with the advisor appointees, shall adopt rules requiring licensees to disclose to each client the licensee’s professional qualifications and experience, those actions that constitute unprofessional conduct, the method for filing a complaint or making a consumer inquiry, and provisions relating to the manner in which the information shall be displayed and signed by both the licensee and the client. The rules may include provisions for applying or modifying these requirements in cases involving institutionalized clients, minors, and adults under the supervision of a guardian.

  (b) A licensed master’s social worker employed by an agency that provides each client disclosure information equivalent to that described in subsection (a) of this section meets this section’s disclosure requirements. (Added 1993, No. 222 (Adj. Sess.), § 8; amended 2015, No. 38, § 31, eff. July 1, 2017.)

• Subchapter 002: SOCIAL WORK LICENSURE COMPACT

• § 3214. Social Work Licensure Compact; adoption

  This subchapter is the Vermont adoption of the Social Work Licensure Compact. The form, format, and text of the Compact have been conformed to the conventions of the Vermont Statutes Annotated. It is the intent of the General Assembly that this subchapter be interpreted as substantively the same as the Social Work Licensure Compact that is enacted by other Compact party states. (Added 2023, No. 91 (Adj. Sess.), § 1, eff. April 23, 2024.)

• § 3215. Purpose

  (a) The purpose of this Compact is to facilitate interstate practice of regulated social workers by improving public access to competent social work services. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

  (b) This Compact is designed to achieve the following objectives:

  (1) increase public access to social work services;

  (2) reduce overly burdensome and duplicative requirements associated with holding multiple licenses;

  (3) enhance the member states’ ability to protect the public’s health and safety;

  (4) encourage the cooperation of member states in regulating multistate practice;

  (5) promote mobility and address workforce shortages by eliminating the necessity for licenses in multiple states by providing for the mutual recognition of other member state licenses;

  (6) support military families;

  (7) facilitate the exchange of licensure and disciplinary information among member states;

  (8) authorize all member states to hold a regulated social worker accountable for abiding by a member state’s laws, regulations, and applicable professional standards in the member state in which the client is located at the time care is rendered; and

  (9) allow for the use of telehealth to facilitate increased access to regulated social work services. (Added 2023, No. 91 (Adj. Sess.), § 1, eff. April 23, 2024.)

• § 3216. Definitions

  As used in this Compact, and except as otherwise provided, the following definitions shall apply:

  (1) “Active military member” means any individual with full-time-duty status in the U.S. Armed Forces, including members of the National Guard and Reserve.

  (2) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws that is imposed by a licensing authority or other authority against a regulated social worker, including actions against an individual’s license or multistate authorization to practice, such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a regulated social worker’s authorization to practice, including issuance of a cease and desist action.

  (3) “Alternative program” means a nondisciplinary monitoring or practice remediation process approved by a licensing authority to address practitioners with an impairment.

  (4) “Charter member states” means member states who have enacted legislation to adopt this Compact where such legislation predates the effective date of this Compact as described in section 3228 of this title.

  (5) “Compact Commission” or “Commission” means the government agency whose membership consists of all states that have enacted this Compact, which is known as the Social Work Licensure Compact Commission, as described in section 3224 of this title, and which shall operate as an instrumentality of the member states.

  (6) “Current significant investigative information” means:

  (A) investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the regulated social worker to respond, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction as may be defined by the Commission; or

  (B) investigative information that indicates that the regulated social worker represents an immediate threat to public health and safety, as may be defined by the Commission, regardless of whether the regulated social worker has been notified and has had an opportunity to respond.

  (7) “Data system” means a repository of information about licensees, including continuing education, examination, licensure, current significant investigative information, disqualifying event, multistate license or licenses, and adverse action information or other information as required by the Commission.

  (8) “Disqualifying event” means any adverse action or incident that results in an encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain, or renew a multistate license.

  (9) “Domicile” means the jurisdiction in which the licensee resides and intends to remain indefinitely.

  (10) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of social work licensed and regulated by a licensing authority.

  (11) “Executive committee” means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the Compact and Commission.

  (12) “Home state” means the member state that is the licensee’s primary domicile.

  (13) “Impairment” means a condition or conditions that may impair a practitioner’s ability to engage in full and unrestricted practice as a regulated social worker without some type of intervention and may include alcohol and drug dependence, mental health impairment, and neurological or physical impairments.

  (14) “Licensee” means an individual who currently holds a license from a state to practice as a regulated social worker.

  (15) “Licensing authority” means the board or agency of a member state, or equivalent, that is responsible for the licensing and regulation of regulated social workers.

  (16) “Member state” means a state, commonwealth, district, or territory of the United States of America that has enacted this Compact.

  (17) “Multistate authorization to practice” means a legally authorized privilege to practice, which is equivalent to a license, associated with a multistate license permitting the practice of social work in a remote state.

  (18) “Multistate license” means a license to practice as a regulated social worker issued by a home state licensing authority that authorizes the regulated social worker to practice in all member states under multistate authorization to practice.

  (19) “Qualifying national exam” means a national licensing examination approved by the Commission.

  (20) “Regulated social worker” means any clinical, master’s, or bachelor’s social worker licensed by a member state regardless of the title used by that member state.

  (21) “Remote state” means a member state other than the licensee’s home state.

  (22) “Rule” or “rule of the Commission” means a regulation duly promulgated by the Commission, as authorized by the Compact, that has the force of law.

  (23) “Single state license” means a social work license issued by any state that authorizes practice only within the issuing state and does not include multistate authorization to practice in any member state.

  (24) “Social work” or “social work services” means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities through the care and services provided by a regulated social worker as set forth in the member state’s statutes and regulations in the state where the services are being provided.

  (25) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of social work.

  (26) “Unencumbered license” means a license that authorizes a regulated social worker to engage in the full and unrestricted practice of social work. (Added 2023, No. 91 (Adj. Sess.), § 1, eff. April 23, 2024.)

• § 3217. State participation in the Compact

  (a) To be eligible to participate in the Compact, a potential member state must currently meet all of the following criteria:

  (1) license and regulate the practice of social work at either the clinical, master’s, or bachelor’s category;

  (2) require applicants for licensure to graduate from a program that is:

  (A) operated by a college or university recognized by the licensing authority;

  (B) accredited, or in candidacy by an institution that subsequently becomes accredited, by an accrediting agency recognized by either:

  (i) the Council for Higher Education Accreditation, or its successor; or

  (ii) the U.S. Department of Education; and

  (C) corresponds to the licensure sought as outlined in section 3218 of this title;

  (3) require applicants for clinical licensure to complete a period of supervised practice;

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

  (b) To maintain membership in the Compact, a member state shall:

  (1) Require that applicants for a multistate license pass a qualifying national exam for the corresponding category of multistate license sought as outlined in section 3218 of this title.

  (2) Participate fully in the Commission’s data system, including using the Commission’s unique identifier as defined in rules.

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

  (4) Implement procedures for considering the criminal history records of applicants for a multistate license. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.

  (5) Comply with the rules of the Commission.

  (6) Require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable home state laws.

  (7) Authorize a licensee holding a multistate license in any member state to practice in accordance with the terms of the Compact and rules of the Commission.

  (8) Designate a delegate to participate in the Commission meetings.

  (c) A member state meeting the requirements of subsections (a) and (b) of this section shall designate the categories of social work licensure that are eligible for issuance of a multistate license for applicants in such member state. To the extent that any member state does not meet the requirements for participation in the Compact at any particular category of social work licensure, such member state may choose, but is not obligated to, issue a multistate license to applicants that otherwise meet the requirements of section 3218 of this title for issuance of a multistate license in such category or categories of licensure.

  (d) The home state may charge a fee for granting the multistate license. (Added 2023, No. 91 (Adj. Sess.), § 1, eff. April 23, 2024.)

• § 3218. Social worker participation in the Compact

  (a) To be eligible for a multistate license under the terms and provisions of the Compact, an applicant, regardless of category must:

  (1) hold or be eligible for an active, unencumbered license in the home state;

  (2) pay any applicable fees, including any state fee, for the multistate license;

  (3) submit, in connection with an application for a multistate license, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;

  (4) notify the home state of any adverse action, encumbrance, or restriction on any professional license taken by any member state or nonmember state within 30 days from the date the action is taken;

  (5) meet any continuing competence requirements established by the home state;

  (6) abide by the laws, regulations, and applicable standards in the member state where the client is located at the time care is rendered.

  (b) An applicant for a clinical-category multistate license must meet all of the following requirements:

  (1) fulfill a competency requirement, which shall be satisfied by either:

  (A) passage of a clinical-category qualifying national exam;

  (B) licensure of the applicant in the applicant’s home state at the clinical category, beginning prior to such time as a qualifying national exam was required by the home state and accompanied by a period of continuous social work licensure thereafter, all of which may be further governed by the rules of the Commission; or

  (C) the substantial equivalency of the foregoing competency requirements that the Commission may determine by rule.

  (2) attain at least a master’s degree in social work from a program that is:

  (A) operated by a college or university recognized by the licensing authority; and

  (B) accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:

  (i) the Council for Higher Education Accreditation or its successor; or

  (ii) the U.S. Department of Education;

  (3) fulfill a practice requirement, which shall be satisfied by demonstrating completion of either:

  (A) a period of postgraduate supervised clinical practice equal to a minimum of 3,000 hours; or

  (B) a minimum of two years of full-time postgraduate supervised clinical practice; or

  (C) the substantial equivalency of the foregoing practice requirements that the Commission may determine by rule.

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

  (1) fulfill a competency requirement, which shall be satisfied by either:

  (A) passage of a master’s-category qualifying national exam;

  (B) licensure of the applicant in their home state at the master’s category, beginning prior to such time as a qualifying national exam was required by the home state at the master’s category and accompanied by a continuous period of social work licensure thereafter, all of which may be further governed by the rules of the Commission; or

  (C) the substantial equivalency of the foregoing competency requirements that the Commission may determine by rule;

  (2) attain at least a master’s degree in social work from a program that is:

  (A) operated by a college or university recognized by the licensing authority; and

  (B) accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:

  (i) the Council for Higher Education Accreditation or its successor; or

  (ii) the U.S. Department of Education.

  (d) An applicant for a bachelor’s-category multistate license must meet all of the following requirements:

  (1) fulfill a competency requirement, which shall be satisfied by either:

  (A) passage of a bachelor’s-category qualifying national exam;

  (B) licensure of the applicant in their home state at the bachelor’s category, beginning prior to such time as a qualifying national exam was required by the home state and accompanied by a period of continuous social work licensure thereafter, all of which may be further governed by the rules of the Commission; or

  (C) the substantial equivalency of the foregoing competency requirements that the Commission may determine by rule;

  (2) attain at least a bachelor’s degree in social work from a program that is:

  (A) operated by a college or university recognized by the licensing authority; and

  (B) accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:

  (i) the Council for Higher Education Accreditation or its successor; or

  (ii) the U.S. Department of Education.

  (e) The multistate license for a regulated social worker is subject to the renewal requirements of the home state. The regulated social worker must maintain compliance with the requirements of subsection (a) of this section to be eligible to renew a multistate license.

  (f) The regulated social worker’s services in a remote state are subject to that member state’s regulatory authority. A remote state may, in accordance with due process and that member state’s laws, remove a regulated social worker’s multistate authorization to practice in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens.

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

  (h) If a multistate authorization to practice is encumbered in a remote state, the regulated social worker’s multistate authorization to practice may be deactivated in that state until the multistate authorization to practice is no longer encumbered. (Added 2023, No. 91 (Adj. Sess.), § 1, eff. April 23, 2024.)

• § 3219. Issuance of a multistate license

  (a) Upon receipt of an application for multistate license, the home state licensing authority shall determine the applicant’s eligibility for a multistate license in accordance with section 3218 of this title.

  (b) If such applicant is eligible pursuant to section 3218 of this title, the home state licensing authority shall issue a multistate license that authorizes the applicant or regulated social worker to practice in all member states under a multistate authorization to practice.

  (c) Upon issuance of a multistate license, the home state licensing authority shall designate whether the regulated social worker holds a multistate license in the bachelor’s, master’s, or clinical category of social work.

  (d) A multistate license issued by a home state to a resident in that state shall be recognized by all Compact member states as authorizing social work practice under a multistate authorization to practice corresponding to each category of licensure regulated in each member state. (Added 2023, No. 91 (Adj. Sess.), § 1, eff. April 23, 2024.)

• § 3220. Authority of Interstate Compact Commission and member state licensing authorities

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

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

  (c) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to take adverse action against a licensee’s single state license to practice social work in that state.

  (d) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a remote state to take adverse action against a licensee’s multistate authorization to practice in that state.

  (e) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a licensee’s home state to take adverse action against a licensee’s multistate license based upon information provided by a remote state. (Added 2023, No. 91 (Adj. Sess.), § 1, eff. April 23, 2024.)

• § 3221. Reissuance of a multistate license by a new home state

  (a) A licensee can hold a multistate license, issued by their home state, in only one member state at any given time.

  (b) If a licensee changes their home state by moving between two member states:

  (1) The licensee shall immediately apply for the reissuance of their multistate license in their new home state. The licensee shall pay all applicable fees and notify the prior home state in accordance with the rules of the Commission.

  (2) Upon receipt of an application to reissue a multistate license, the new home state shall verify that the multistate license is active, unencumbered, and eligible for reissuance under the terms of the Compact and the rules of the Commission. The multistate license issued by the prior home state will be deactivated and all member states notified in accordance with the applicable rules adopted by the Commission.

  (3) Prior to the reissuance of the multistate license, the new home state shall conduct procedures for considering the criminal history records of the licensee. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.

  (4) If required for initial licensure, the new home state may require completion of jurisprudence requirements in the new home state.

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

  (c) If a licensee changes their primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, then the licensee shall be subject to the state requirements for the issuance of a single state license in the new home state.

  (d) Nothing in this Compact shall interfere with a licensee’s ability to hold a single state license in multiple states; however, for the purposes of this Compact, a licensee shall have only one home state and only one multistate license.

  (e) Nothing in this Compact shall interfere with the requirements established by a member state for the issuance of a single state license. (Added 2023, No. 91 (Adj. Sess.), § 1, eff. April 23, 2024.)

• § 3222. Military families

  An active military member or their spouse shall designate a home state where the individual has a multistate license. The individual may retain their home state designation during the period the service member is on active duty. (Added 2023, No. 91 (Adj. Sess.), § 1, eff. April 23, 2024.)

• § 3223. Adverse actions

  (a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:

  (1) Take adverse action against a regulated social worker’s multistate authorization to practice only within that member state, and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

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

  (b) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

  (c) The home state shall complete any pending investigations of a regulated social worker who changes their home state during the course of the investigations. The home state shall also have the authority to take appropriate action or actions and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.

  (d) A member state, if otherwise permitted by state law, may recover from the affected regulated social worker the costs of investigations and dispositions of cases resulting from any adverse action taken against that regulated social worker.

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

  (f) Joint investigations.

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

  (2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

  (g) If adverse action is taken by the home state against the multistate license of a regulated social worker, the regulated social worker’s multistate authorization to practice in all other member states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against the license of a regulated social worker shall include a statement that the regulated social worker’s multistate authorization to practice is deactivated in all member states until all conditions of the decision, order, or agreement are satisfied.

  (h) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state and all other member states of any adverse actions by remote states.

  (i) Nothing in this Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.

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

  (k) Nothing in this Compact shall authorize a member state to impose discipline against a regulated social worker who holds a multistate authorization to practice for lawful actions within another member state. (Added 2023, No. 91 (Adj. Sess.), § 1, eff. April 23, 2024.)

• § 3224. Establishment of Social Work Licensure Compact Commission

  (a) The Compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the Compact known as the Social Work Licensure Compact Commission. The Commission is an instrumentality of the Compact states acting jointly and not an instrumentality of any one state. The Commission shall come into existence on or after the effective date of the Compact as set forth in section 3228 of this title.

  (b) Membership, voting, and meetings.

  (1) Each member state shall have and be limited to one delegate selected by that member state’s state licensing authority.

  (2) The delegate shall be either:

  (A) a current member of the state licensing authority at the time of appointment, who is a regulated social worker or public member of the state licensing authority; or

  (B) an administrator of the state licensing authority or their designee.

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

  (4) The Commission may recommend removal or suspension of any delegate from office.

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

  (6) Each delegate shall be entitled to one vote on all matters before the Commission requiring a vote by Commission delegates.

  (7) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet by telecommunication, videoconference, or other means of communication.

  (8) The Commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The Commission may meet by telecommunication, video conference, or other similar electronic means.

  (c) The Commission shall have the following powers:

  (1) establish the fiscal year of the Commission;

  (2) establish code of conduct and conflict of interest policies;

  (3) establish and amend rules and bylaws;

  (4) maintain its financial records in accordance with the bylaws;

  (5) meet and take such actions as are consistent with the provisions of this Compact, the Commission’s rules, and the bylaws;

  (6) initiate and conclude legal proceedings or actions in the name of the Commission, provided that the standing of any state licensing board to sue or be sued under applicable law shall not be affected;

  (7) maintain and certify records and information provided to a member state as the authenticated business records of the Commission, and designate an agent to do so on the Commission’s behalf;

  (8) purchase and maintain insurance and bonds;

  (9) borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

  (10) conduct an annual financial review;

  (11) hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

  (12) assess and collect fees;

  (13) accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;

  (14) lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;

  (15) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

  (16) establish a budget and make expenditures;

  (17) borrow money;

  (18) appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;

  (19) provide and receive information from, and cooperate with, law enforcement agencies;

  (20) establish and elect an executive committee, including a chair and a vice chair;

  (21) determine whether a state’s adopted language is materially different from the model Compact language such that the state would not qualify for participation in the Compact; and

  (22) perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact.

  (d) The executive committee.

  (1) The executive committee shall have the power to act on behalf of the Commission according to the terms of this Compact. The powers, duties, and responsibilities of the executive committee shall include:

  (A) oversee the day-to-day activities of the administration of the Compact, including enforcement and compliance with the provisions of the Compact, its rules and bylaws, and other such duties as deemed necessary;

  (B) recommend to the Commission changes to the rules or bylaws, changes to this Compact legislation, fees charged to Compact member states, fees charged to licensees, and other fees;

  (C) ensure Compact administration services are appropriately provided, including by contract;

  (D) prepare and recommend the budget;

  (E) maintain financial records on behalf of the Commission;

  (F) monitor Compact compliance of member states and provide compliance reports to the Commission;

  (G) establish additional committees as necessary;

  (H) exercise the powers and duties of the Commission during the interim between Commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by rule or bylaw; and

  (I) other duties as provided in the rules or bylaws of the Commission.

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

  (A) The chair and vice chair of the Commission shall be voting members of the executive committee.

  (B) The Commission shall elect five voting members from the current membership of the Commission.

  (C) There shall be up to four ex-officio, nonvoting members from four recognized national social work organizations.

  (D) The ex-officio members will be selected by their respective organizations.

  (3) The Commission may remove any member of the executive committee as provided in the Commission’s bylaws.

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

  (A) Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, nonpublic meeting as provided in subdivision (f)(2) of this section.

  (B) The executive committee shall give seven days’ notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the Commission.

  (C) The executive committee may hold a special meeting in accordance with subdivision (f)(1)(B) of this section.

  (e) The Commission shall adopt and provide to the member states an annual report.

  (f) Meetings of the Commission.

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

  (A) Public notice for all meetings of the full Commission shall be given in the same manner as required under the rulemaking provisions in section 3226 of this title, except that the Commission may hold a special meeting as provided in subdivision (B) of this subdivision (f)(1).

  (B) The Commission may hold a special meeting when it must meet to conduct emergency business by giving 48 hours’ notice to all commissioners, on the Commission’s website, and other means as provided in the Commission’s rules. The Commission’s legal counsel shall certify that the Commission’s need to meet qualifies as an emergency.

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

  (A) noncompliance of a member state with its obligations under the Compact;

  (B) the employment, compensation, discipline or other matters, practices, or procedures related to specific employees;

  (C) current or threatened discipline of a licensee by the Commission or by a member state’s licensing authority;

  (D) current, threatened, or reasonably anticipated litigation;

  (E) negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

  (F) accusing any person of a crime or formally censuring any person;

  (G) trade secrets or commercial or financial information that is privileged or confidential;

  (H) information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

  (I) investigative records compiled for law enforcement purposes;

  (J) information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact;

  (K) matters specifically exempted from disclosure by federal or member state law; or

  (L) other matters as promulgated by the Commission by rule.

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

  (4) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.

  (g) Financing of the Commission.

  (1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

  (2) The Commission may accept any and all appropriate revenue sources as provided in subdivision (c)(13) of this section.

  (3) The Commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the Commission shall promulgate by rule.

  (4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the Commission pledge the credit of any of the member states except by and with the authority of the member state.

  (5) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Commission.

  (h) Qualified immunity, defense, and indemnification.

  (1) The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that nothing in this subdivision shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission shall not in any way compromise or limit the immunity granted hereunder.

  (2) The Commission shall defend any member, officer, executive director, employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at the their own expense, and provided further that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.

  (3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

  (4) Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.

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

  (6) Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the member states or by the Commission. (Added 2023, No. 91 (Adj. Sess.), § 1, eff. April 23, 2024.)

• § 3225. Data system

  (a) The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated data system.

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

  (c) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:

  (1) identifying information;

  (2) licensure data;

  (3) adverse actions against a license and information related thereto;

  (4) nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under member state law;

  (5) any denial of application for licensure, and the reason or reasons for such denial;

  (6) the presence of current significant investigative information; and

  (7) other information that may facilitate the administration of this Compact or the protection of the public, as determined by the rules of the Commission.

  (d) The records and information provided to a member state pursuant to this Compact or through the data system, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state.

  (e)(1) Current significant investigative information pertaining to a licensee in any member state will only be available to other member states.

  (2) It is the responsibility of the member states to report any adverse action against a licensee and to monitor the database to determine whether adverse action has been taken against a licensee. Adverse action information pertaining to a licensee in any member state will be available to any other member state.

  (f) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

  (g) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system. (Added 2023, No. 91 (Adj. Sess.), § 1, eff. April 23, 2024.)

• § 3226. Rulemaking

  (a) The Commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the Compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the Compact, or the powers granted hereunder, or based upon another applicable standard of review.

  (b) The rules of the Commission shall have the force of law in each member state; provided, however, that where the rules of the Commission conflict with the laws of the member state that establish the member state’s laws, regulations, and applicable standards that govern the practice of social work as held by a court of competent jurisdiction, the rules of the Commission shall be ineffective in that state to the extent of the conflict.

  (c) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules shall become binding on the day following adoption or the date specified in the rule or amendment, whichever is later.

  (d) If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.

  (e) Rules shall be adopted at a regular or special meeting of the Commission.

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

  (g) Prior to adoption of a proposed rule by the Commission, and at least 30 days in advance of the meeting at which the Commission will hold a public hearing on the proposed rule, the Commission shall provide a notice of proposed rulemaking:

  (1) on the website of the Commission or other publicly accessible platform;

  (2) to persons who have requested notice of the Commission’s notices of proposed rulemaking; and

  (3) in such other way or ways as the Commission may by rule specify.

  (h) The notice of proposed rulemaking shall include:

  (1) the time, date, and location of the public hearing at which the Commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the Commission will consider and vote on the proposed rule;

  (2) if the hearing is held via telecommunication, video conference, or other electronic means, the Commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking;

  (3) the text of the proposed rule and the reason therefor;

  (4) a request for comments on the proposed rule from any interested person; and

  (5) the manner in which interested persons may submit written comments.

  (i) All hearings will be recorded. A copy of the recording and all written comments and documents received by the Commission in response to the proposed rule shall be available to the public.

  (j) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

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

  (1) The Commission may adopt changes to the proposed rule, provided the changes do not enlarge the original purpose of the proposed rule.

  (2) The Commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.

  (3) The Commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (l) of this section, the effective date of the rule shall be not sooner than 30 days after issuing the notice that it adopted or amended the rule.

  (l) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule with 48 hours’ notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

  (1) meet an imminent threat to public health, safety, or welfare;

  (2) prevent a loss of Commission or member state funds;

  (3) meet a deadline for the promulgation of a rule that is established by federal law or rule; or

  (4) protect public health and safety.

  (m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

  (n) No member state’s rulemaking requirements shall apply under this Compact. (Added 2023, No. 91 (Adj. Sess.), § 1, eff. April 23, 2024.)

• § 3227. Oversight, dispute resolution, and enforcement

  (a) Oversight.

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

  (2) Except as otherwise provided in this Compact, venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.

  (3) The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.

  (b) Default, technical assistance, and termination.

  (1) If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the Commission may take, and shall offer training and specific technical assistance regarding the default.

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

  (c) If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges, and benefits conferred on that state by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

  (d) Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s state licensing authority, and each of the member states’ state licensing authority.

  (e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

  (f) Upon the termination of a state’s membership from this Compact, that state shall immediately provide notice to all licensees within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this Compact for a minimum of six months after the date of said notice of termination.

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

  (h) The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

  (i) Dispute resolution.

  (1) Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and nonmember states.

  (2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

  (j) Enforcement.

  (1) By majority vote as provided by rule, the Commission may initiate legal action against a member state in default in the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or the defaulting member state’s law.

  (2) A member state may initiate legal action against the Commission in the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

  (3) No person other than a member state shall enforce this Compact against the Commission. (Added 2023, No. 91 (Adj. Sess.), § 1, eff. April 23, 2024.)

• § 3228. Effective date, withdrawal, and amendment

  (a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the seventh member state.

  (1) On or after the effective date of the Compact, the Commission shall convene and review the enactment of each of the first seven member states (“charter member states”) to determine if the statute enacted by each such charter member state is materially different than the model Compact statute.

  (A) A charter member state whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in section 3227 of this title.

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

  (2) Member states enacting the Compact subsequent to the seven initial charter member states shall be subject to the process set forth in subdivision 3224(c)(21) of this title to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in the Compact.

  (3) All actions taken for the benefit of the Commission or in furtherance of the purposes of the administration of the Compact prior to the effective date of the Compact or the Commission coming into existence shall be considered to be actions of the Commission unless specifically repudiated by the Commission.

  (4) Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

  (b) Any member state may withdraw from this Compact by enacting a statute repealing the same.

  (1) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.

  (2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal.

  (3) Upon the enactment of a statute withdrawing from this Compact, a state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.

  (c) Nothing contained in this Compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact.

  (d) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states. (Added 2023, No. 91 (Adj. Sess.), § 1, eff. April 23, 2024.)

• § 3229. Construction and severability

  (a) This Compact and the Commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the Commission’s rulemaking authority solely for those purposes.

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

  (c) Notwithstanding subsection (b) of this section, the Commission may deny a state’s participation in the Compact or, in accordance with the requirements of subsection 3227(b) of this title, terminate a member state’s participation in the Compact if it determines that a constitutional requirement of a member state is a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters. (Added 2023, No. 91 (Adj. Sess.), § 1, eff. April 23, 2024.)

• § 3230. Consistent effect and conflict with others state laws

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

  (b) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the Compact.

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

  (d) All permissible agreements between the Commission and the member states are binding in accordance with their terms. (Added 2023, No. 91 (Adj. Sess.), § 1, eff. April 23, 2024.)