1     
SOCIAL WORK LICENSURE COMPACT AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Sandra Hollins

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill enacts the Social Work Licensure Compact.
10     Highlighted Provisions:
11          This bill:
12          ▸     enacts the Social Work Licensure Compact; and
13          ▸     provides rulemaking authority.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          58-60-103.1, as enacted by Laws of Utah 2022, Chapter 466
21          58-60-205, as last amended by Laws of Utah 2022, Chapters 345 and 466
22     ENACTS:
23          58-60b-101, Utah Code Annotated 1953
24          58-60b-102, Utah Code Annotated 1953
25          58-60b-103, Utah Code Annotated 1953
26          58-60b-104, Utah Code Annotated 1953
27          58-60b-105, Utah Code Annotated 1953

28          58-60b-106, Utah Code Annotated 1953
29          58-60b-107, Utah Code Annotated 1953
30          58-60b-108, Utah Code Annotated 1953
31          58-60b-109, Utah Code Annotated 1953
32          58-60b-110, Utah Code Annotated 1953
33          58-60b-111, Utah Code Annotated 1953
34          58-60b-112, Utah Code Annotated 1953
35          58-60b-113, Utah Code Annotated 1953
36          58-60b-114, Utah Code Annotated 1953
37          58-60b-201, Utah Code Annotated 1953
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 58-60-103.1 is amended to read:
41          58-60-103.1. Criminal background check.
42          (1) An applicant for licensure under this chapter who requires a criminal background
43     check shall:
44          (a) submit fingerprint cards in a form acceptable to the division at the time the license
45     application is filed; and
46          (b) consent to a fingerprint background check conducted by the Bureau of Criminal
47     Identification and the Federal Bureau of Investigation regarding the application.
48          (2) The division shall:
49          (a) in addition to other fees authorized by this chapter, collect from each applicant
50     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
51     Identification is authorized to collect for the services provided under Section 53-10-108 and the
52     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
53     obtaining federal criminal history record information;
54          (b) submit from each applicant the fingerprint card and the fees described in
55     Subsection (2)(a) to the Bureau of Criminal Identification; and
56          (c) obtain and retain in division records a signed waiver approved by the Bureau of
57     Criminal Identification in accordance with Section 53-10-108 for each applicant.
58          (3) The Bureau of Criminal Identification shall, in accordance with the requirements of

59     Section 53-10-108:
60          (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
61     and regional criminal records databases;
62          (b) forward the fingerprints to the Federal Bureau of Investigation for a national
63     criminal history background check; and
64          (c) provide the results from the state, regional, and nationwide criminal history
65     background checks to the division.
66          (4) For purposes of conducting a criminal background check required under this
67     section, the division shall have direct access to criminal background information maintained
68     under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
69          (5) The division may not:
70          (a) disseminate outside of the division any criminal history record information that the
71     division obtains from the Bureau of Criminal Identification or the Federal Bureau of
72     Investigation under the criminal background check requirements of this section; [or]
73          (b) issue a letter of qualification to participate in the Counseling Compact under
74     Chapter 60a, Counseling Compact, until the criminal background check described in this
75     section is completed[.]; or
76          (c) issue a letter of qualification to participate in the Social Work Licensure Compact
77     under Chapter 60b, Social Work Licensure Compact, until the criminal background check
78     described in this section is completed.
79          Section 2. Section 58-60-205 is amended to read:
80          58-60-205. Qualifications for licensure or certification as a clinical social worker,
81     certified social worker, and social service worker.
82          (1) An applicant for licensure as a clinical social worker shall:
83          (a) submit an application on a form provided by the division;
84          (b) pay a fee determined by the department under Section 63J-1-504;
85          (c) produce certified transcripts from an accredited institution of higher education
86     recognized by the division in collaboration with the board verifying satisfactory completion of
87     an education and an earned degree as follows:
88          (i) a master's degree in a social work program accredited by the Council on Social
89     Work Education or by the Canadian Association of Schools of Social Work; or

90          (ii) a doctoral degree that contains a clinical social work concentration and practicum
91     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
92     Administrative Rulemaking Act, that is consistent with Section 58-1-203;
93          (d) have completed a minimum of 3,000 hours of clinical social work training as
94     defined by division rule under Section 58-1-203:
95          (i) in not less than two years;
96          (ii) under the supervision of a supervisor approved by the division in collaboration with
97     the board who is a:
98          (A) clinical mental health counselor;
99          (B) psychiatrist;
100          (C) psychologist;
101          (D) registered psychiatric mental health nurse practitioner;
102          (E) marriage and family therapist; or
103          (F) clinical social worker; and
104          (iii) including a minimum of two hours of training in suicide prevention via a course
105     that the division designates as approved;
106          (e) document successful completion of not less than 1,000 hours of supervised training
107     in mental health therapy obtained after completion of the education requirement in Subsection
108     (1)(c), which training may be included as part of the 3,000 hours of training in Subsection
109     (1)(d), and of which documented evidence demonstrates not less than 100 of the hours were
110     obtained under the direct supervision, as defined by rule, of a supervisor described in
111     Subsection (1)(d)(ii);
112          (f) have completed a case work, group work, or family treatment course sequence with
113     a clinical practicum in content as defined by rule under Section 58-1-203;
114          (g) pass the examination requirement established by rule under Section 58-1-203; and
115          (h) if the applicant is applying to participate in the Counseling Compact under Chapter
116     60a, Counseling Compact, or the Social Work Licensure Compact under Chapter 60b, Social
117     Work Licensure Compact, consent to a criminal background check in accordance with Section
118     58-60-103.1 and any requirements established by division rule made in accordance with Title
119     63G, Chapter 3, Utah Administrative Rulemaking Act.
120          (2) An applicant for licensure as a certified social worker shall:

121          (a) submit an application on a form provided by the division;
122          (b) pay a fee determined by the department under Section 63J-1-504;
123          (c) produce certified transcripts from an accredited institution of higher education
124     recognized by the division in collaboration with the board verifying satisfactory completion of
125     an education and an earned degree as follows:
126          (i) a master's degree in a social work program accredited by the Council on Social
127     Work Education or by the Canadian Association of Schools of Social Work; or
128          (ii) a doctoral degree that contains a clinical social work concentration and practicum
129     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
130     Administrative Rulemaking Act, that is consistent with Section 58-1-203; and
131          (d) pass the examination requirement established by rule under Section 58-1-203.
132          (3) (a) An applicant for certification as a certified social worker intern shall meet the
133     requirements of Subsections (2)(a), (b), and (c).
134          (b) Certification under Subsection (3)(a) is limited to the time necessary to pass the
135     examination required under Subsection (2)(d) or six months, whichever occurs first.
136          (c) A certified social worker intern may provide mental health therapy under the
137     general supervision, as defined by rule, of a supervisor described in Subsection (1)(d)(ii).
138          (4) An applicant for licensure as a social service worker shall:
139          (a) submit an application on a form provided by the division;
140          (b) pay a fee determined by the department under Section 63J-1-504;
141          (c) produce certified transcripts from an accredited institution of higher education
142     recognized by the division in collaboration with the board verifying satisfactory completion of
143     an education and an earned degree as follows:
144          (i) a bachelor's degree in a social work program accredited by the Council on Social
145     Work Education or by the Canadian Association of Schools of Social Work;
146          (ii) a master's degree in a field approved by the division in collaboration with the
147     board;
148          (iii) a bachelor's degree in any field if the applicant:
149          (A) has completed at least three semester hours, or the equivalent, in each of the
150     following areas:
151          (I) social welfare policy;

152          (II) human growth and development; and
153          (III) social work practice methods, as defined by rule; and
154          (B) provides documentation that the applicant has completed at least 2,000 hours of
155     qualifying experience under the supervision of a mental health therapist, which experience is
156     approved by the division in collaboration with the board, and which is performed after
157     completion of the requirements to obtain the bachelor's degree required under this Subsection
158     (4); or
159          (iv) successful completion of the first academic year of a Council on Social Work
160     Education approved master's of social work curriculum and practicum; and
161          (d) pass the examination requirement established by rule under Section 58-1-203.
162          (5) The division shall ensure that the rules for an examination described under
163     Subsections (1)(g), (2)(d), and (4)(d) allow additional time to complete the examination if
164     requested by an applicant who is:
165          (a) a foreign born legal resident of the United States for whom English is a second
166     language; or
167          (b) an enrolled member of a federally recognized Native American tribe.
168          Section 3. Section 58-60b-101 is enacted to read:
169     
CHAPTER 60b. SOCIAL WORK LICENSURE COMPACT

170     
Part 1. Compact Text

171          58-60b-101. Section 1 -- Purpose.
172          The purpose of this Compact is to facilitate interstate practice of regulated Social
173     Workers with the goal of improving public access to competent Social Work services. The
174     Compact seeks to preserve the regulatory authority of States to protect public health and safety
175     through the current system of State licensure.
176          This Compact is designed to achieve the following objectives:
177          A. Increase public access to Social Work Services by providing for the mutual
178     recognition of other Member State licenses;
179          B. Enhance the Member States' ability to protect the public's health and safety;
180          C. Encourage the cooperation of Member States in regulating multistate practice;
181          D. Support military families;
182          E. Facilitate the exchange of licensure and disciplinary information among Member

183     States;
184          F. Authorize all Member States to hold a Regulated Social Worker accountable for
185     abiding by the Member State's Scope of Practice in the Member State in which the client is
186     located at the time care is rendered;
187          G. Allow for the use of telehealth to facilitate increased access to regulated Social Work
188     Services;
189          H. Support the uniformity of Social Work licensure requirements throughout the States
190     to promote public safety and access to services; and
191          I. Promote mobility and address workforce shortages by eliminating the necessity for
192     licenses in multiple States.
193          Section 4. Section 58-60b-102 is enacted to read:
194          58-60b-102. Section 2 -- Definitions.
195          As used in this Compact, and except as otherwise provided, the following definitions
196     shall apply:
197          A. "Active Duty Military" means any individual in full-time duty status in the active
198     uniformed service of the United States including members of the National Guard and Reserve.
199          B. "Adverse Action" means any administrative, civil, equitable or criminal action
200     permitted by a State's laws which is imposed by a Licensing Authority or other authority
201     against a Regulated Social Worker, including actions against an individual's license or
202     Multistate Authorization to Practice such as revocation, suspension, probation, monitoring of
203     the licensee, limitation on the licensee's practice, or any other Encumbrance on licensure
204     affecting a Regulated Social Worker's authorization to practice, including issuance of a cease
205     and desist action.
206          C. "Alternative Program" means a non-disciplinary monitoring or practice remediation
207     process approved by a Social Work Licensing Authority to address Impaired Practitioners.
208          D. "Compact Commission" or "Commission" means the national administrative body
209     whose membership consists of all Member States that have enacted the Compact.
210          E. "Current Significant Investigative Information" means:
211          1. Investigative information that a Licensing Authority, after a preliminary inquiry that
212     includes notification and an opportunity for the Regulated Social Worker to respond has reason
213     to believe is not groundless and, if proved true, would indicate more than a minor infraction as

214     may be defined by the Commission; or
215          2. Investigative information that indicates that the Regulated Social Worker represents
216     an immediate threat to public health and safety, as may be defined by the Commission,
217     regardless of whether the Regulated Social Worker has been notified and has had an
218     opportunity to respond.
219          F. "Data System" means a repository of information about Licensees, including, but not
220     limited to, continuing education, examination, licensure, Current Significant Investigative
221     Information, Disqualifying Event, Interstate Compact License(s) and Adverse Action
222     information or other information as required by the Commission.
223          G. "Domicile" means the jurisdiction in which the licensee resides and intends to
224     remain indefinitely.
225          H. "Disqualifying Event" means any Adverse Action or incident which results in an
226     encumbrance that disqualifies or makes the Licensee ineligible to either obtain, retain or renew
227     an Interstate Compact License.
228          I. "Encumbered License" means a license in which an Adverse Action restricts the
229     practice of Social Work by the Licensee and said Adverse Action and is reportable to the
230     National Practitioners Data Bank (NPDB).
231          J. "Encumbrance" means a revocation or suspension of, or any limitation on, the full
232     and unrestricted practice of Social Work licensed and regulated by a Licensing Authority.
233          K. "Executive Committee" means a group of directors elected or appointed to act on
234     behalf of, and within the powers granted to them by, the compact and Commission.
235          L. "Home State" means the Member State that is the Licensee's primary Domicile.
236          M. "Impaired Practitioner" means an individual who has a condition(s) that may impair
237     their ability to engage in full and unrestricted practice as a Regulated Social Worker without
238     some type of intervention and may include, but are not limited to, alcohol and drug
239     dependence, mental health impairment, and neurological or physical impairments.
240          N. "Licensee(s)" means an individual who currently holds an authorization from the
241     State to practice as a Regulated Social Worker.
242          O. "Licensing Authority" means the board or agency of a Member State, or equivalent,
243     that is responsible for the licensing and regulation of Regulated Social Workers.
244          P. "Member State" means a state, commonwealth, district, or territory of the United

245     States of America that has enacted the Compact.
246          Q. "Multistate Authorization to Practice" means a legal authorization, which is
247     equivalent to a license, associated with an Interstate Compact License permitting the practice of
248     Social Work in a Remote State.
249          R. "Interstate Compact License" means a license to practice as a Regulated Social
250     Worker issued by a Home State Licensing Authority that authorizes the Regulated Social
251     Worker to practice in all party states under a Multistate Authorization to Practice.
252          S. "Qualifying National Exam" means a national licensing examination developed and
253     administered by a national association of Social Work Licensing Authorities or other
254     competency assessment approved by the Commission.
255          T. "Regulated Social Worker" means any clinical, master's or bachelor's Social Worker
256     licensed by a Member State regardless of the title used by that Member State.
257          U. "Remote State" means a Member State other than the Home State, where a Licensee
258     is exercising or seeking to exercise the Multistate Authorization to Practice.
259          V. "Rule(s) of the Commission" means a regulation or regulations duly promulgated by
260     the Commission, as authorized by the compact, that has the force of law.
261          W. "Scope of Practice" means the procedures, actions, and processes a Regulated Social
262     Worker in a state is permitted to undertake in that state and the circumstances under which the
263     Regulated Social Worker is permitted to undertake those procedures, actions and processes.
264     Such procedures, actions and processes and the circumstances under which they may be
265     undertaken may be established through official means, including, but not limited to, statute,
266     rules and regulations, case law, and other processes available to the State Regulatory Authority
267     or other government agency.
268          X. "Single State License" means a Social Work license issued by any state that
269     authorizes practice only within the issuing State and does not include a Multistate
270     Authorization to Practice in any Member State.
271          Y. "Social Work" or "Social Work Services" means the application of social work
272     theory, knowledge, methods, ethics, and the professional use of self to restore or enhance
273     social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups,
274     organizations, and communities through the care and services provided by a Regulated Social
275     Worker as set forth in the Member State's statutes and regulations in the State where the

276     services are being provided.
277          Z. "State" means any state, commonwealth, district, or territory of the United States of
278     America that regulates the practice of Social Work.
279          AA. "Unencumbered License" means a license that authorizes a Regulated Social
280     Worker to engage in the full and unrestricted practice of Social Work.
281          Section 5. Section 58-60b-103 is enacted to read:
282          58-60b-103. Section 3 -- State participation in the Compact.
283          A. To be eligible to participate in the compact, a potential Member State must currently
284     meet all of the following criteria:
285          1. License and regulate clinical, master's, or bachelor's categories of Social Work
286     practice.
287          2. Require applicants for licensure to pass a corresponding Qualifying National Exam
288     for the category of licensure sought as outlined in Section 4.
289          3. Require applicants for licensure to graduate from a program that is accredited by an
290     accrediting agency recognized by the Council for Higher Education Accreditation, or its
291     successor, or by the United States Department of Education and operated by a college or
292     university recognized by the Licensing Authority and that corresponds to the licensure sought
293     as outlined in Section 4.
294          4. Require applicants for clinical licensure to complete a period of supervised practice.
295          5. Have a mechanism in place for receiving, investigating, and adjudicating complaints
296     about Licensees.
297          B. To maintain membership in the Compact a Member State shall:
298          1. Participate fully in the Commission's Data System, including using the Commission's
299     unique identifier as defined in Rules;
300          2. Notify the Commission, in compliance with the terms of the Compact and rules, of
301     any Adverse Action or the availability of Current Significant Investigative Information
302     regarding a Licensee;
303          3. Implement or utilize procedures for considering the criminal history records of
304     applicants for an initial Interstate Compact License. These procedures shall include the
305     submission of fingerprints or other biometric-based information by applicants for the purpose
306     of obtaining an applicant's criminal history record information from the Federal Bureau of

307     Investigation and the agency responsible for retaining that State's criminal records for the sole
308     purpose of affirming or denying eligibility for participation in the Compact;
309          a. A member state must utilize or fully implement a criminal background check
310     requirement, within a time frame established by rule of the Commission, by receiving the
311     results of the Federal Bureau of Investigation record search and shall use the results in making
312     licensure decisions/determining eligibility for participation in the Compact.
313          b. Communication between a Member State, the Commission and among Member
314     States, through the Data System or otherwise, regarding the verification of any information
315     received from the Federal Bureau of Investigation relating to a federal criminal records check
316     performed by a Member State under Public Law 92-544.
317          4. Comply with the Rules of the Commission;
318          5. Require an applicant to obtain or retain a license in the Home State and meet the
319     Home State's qualifications for licensure or renewal of licensure, as well as all other applicable
320     Home State laws;
321          6. Authorize a Licensee holding an Interstate Compact License in any Member State to
322     practice in accordance with the terms of the Compact and Rules of the Commission; and
323          7. Designate a delegate to participate in the Commission meetings.
324          C. Home States may charge a fee for granting the Interstate Compact License.
325          D. An Interstate Compact License issued by a Home State to a resident in that State
326     shall be recognized by all Compact Member States as authorizing Social Work Practice under a
327     Multistate Authorization to Practice corresponding to each category of licensure regulated in
328     the Member State.
329          Section 6. Section 58-60b-104 is enacted to read:
330          58-60b-104. Section 4 -- Regulated Social Worker participation in the Compact.
331          A. To be eligible for an Interstate Compact License under the terms and provisions of
332     the compact, a Regulated Social Worker, regardless of category must:
333          1. Hold an active, Unencumbered License in the Home State;
334          2. Have an active United States Social Security Number, Qualifying National Exam
335     Number, or an identifier as determined by the Commission;
336          3. Pay any applicable fees, including any State fee, for the Interstate Compact License;
337          4. Meet any continuing competence requirements established by the Home State;

338          5. Notify the Home State of any Adverse Action, Encumbrance, or restriction on any
339     professional license taken by any Member State or non-Member State within 30 days from the
340     date the action is taken.
341          6. Abide by the laws, regulations, and Scope of Practice in the Member State where the
342     client is located at the time care is rendered.
343          B. A Regulated Social Worker who is a clinical-category Social Worker must meet the
344     following requirements:
345          1. Passed a clinical-category Qualifying National Exam. Regulated Social Workers
346     holding an active and unencumbered license, who were licensed in a state before a qualifying
347     national exam was required, may be exempted from this requirement, as provided for by the
348     Rules of the Commission; and
349          2. Graduated with a master's degree, or higher, in Social Work, from a program that is
350     accredited by an accrediting agency recognized by the Council for Higher Education
351     Accreditation, or its successor, or by the United States Department of Education and operated
352     by a college or university recognized by the Licensing Authority; and
353          3. Completed a period of three thousand hours or two years of full-time postgraduate
354     supervised clinical practice.
355          C. For a Regulated Social Worker who is a master's-category Social Worker:
356          1. Passed a master's category Qualifying National Exam. Regulated Social Workers
357     holding an active and unencumbered license, who were licensed in a state before a qualifying
358     national exam was required, may be exempted from this requirement, as provided for by the
359     Rules of the Commission; and
360          2. Graduated with a master's degree, or higher, in Social Work, from a program that is
361     accredited by an accrediting agency recognized by the Council for Higher Education
362     Accreditation, or its successor, or by the United States Department of Education and operated
363     by a college or university recognized by the Licensing Authority.
364          D. For a Regulated Social Worker who is a bachelor's-category Social Worker:
365          1. Passed a bachelor's-category Qualifying National Exam. Regulated Social Workers
366     holding an active and unencumbered license, who were licensed in a state before a qualifying
367     national exam was required, may be exempted from this requirement, as provided for by the
368     Rules of the Commission; and

369          2. Graduated with a bachelor's degree, or higher, in Social Work, from a program that is
370     accredited by an accrediting agency recognized by the Council for Higher Education
371     Accreditation, or its successor, or by the United States Department of Education and operated
372     by a college or university recognized by the Licensing Authority.
373          E. The Interstate Compact License for a Regulated Social Worker is subject to the
374     renewal requirements of the Home State. The Regulated Social Worker must maintain
375     compliance with the requirements of Section 4(A).
376          F. The Regulated Social Worker's services in a Remote State are subject to that
377     Member State's regulatory authority. A Remote State may, in accordance with due process and
378     that Member State's laws, remove a Regulated Social Worker's Multistate Authorization to
379     Practice in the Remote State for a specific period of time, impose fines, and/or take any other
380     necessary actions to protect the health and safety of its citizens.
381          G. If a Home State license is encumbered, the regulated Social Worker's Multistate
382     Authorization to Practice shall be deactivated in all Remote States until the Home State license
383     is no longer encumbered.
384          H. If a Multistate Authorization to Practice is encumbered in a Remote State, the
385     regulated Social Worker's Multistate Authorization to Practice may be deactivated in that State
386     until the Multistate Authorization to Practice is no longer encumbered.
387          I. Nothing in this Compact shall affect the requirements established by a Member State
388     for the issuance of a Single State License.
389          Section 7. Section 58-60b-105 is enacted to read:
390          58-60b-105. Section 5 -- Obtaining a new Home State license based on an
391     Interstate Compact License.
392          A. If qualified, a Regulated Social Worker may hold an Interstate Compact License
393     issued by a Home State Licensing Authority, which authorizes the Regulated Social Worker to
394     practice in all Member States under a Multistate Authorization to Practice.
395          B. If an Interstate Compact License holder with Multistate Authorization to Practice
396     changes primary State of Domicile by moving between two Member States:
397          1. The Interstate Compact License holder shall file an application for obtaining a new
398     Home State license based on their Interstate Compact License which grants a Multistate
399     Authorization to Practice, pay all applicable fees, and notify the current and new Home

400     Member State in accordance with applicable Rules adopted by the Commission.
401          2. Upon receipt of an application for obtaining a new Home State license based on the
402     Interstate Compact License which grants a Multistate Authorization to Practice, the new Home
403     Member State may verify that the Regulated Social Worker meets the pertinent criteria outlined
404     in Section 4 via the Data System, without need for primary source verification except for:
405          i. a Federal Bureau of Investigation fingerprint based criminal background check if not
406     previously performed or updated pursuant to applicable rules adopted by the Commission in
407     accordance with Public Law 92-544;
408          ii. other criminal background check as required by the new Home State; and
409          iii. completion of any requisite jurisprudence requirements of the new Home State.
410          3. The former Home State may convert the former Home State license into a Multistate
411     Authorization to Practice once the new Home State has activated the new Home State license
412     in accordance with applicable Rules adopted by the Commission.
413          4. Notwithstanding any other provision of this Compact, if the Regulated Social Worker
414     cannot meet the criteria in Section 4, the new Home State may apply its requirements for
415     issuing a new Single State License.
416          5. The Regulated Social Worker shall pay all applicable fees to the new Home State in
417     order to be issued a new Home State license.
418          C. If a Regulated Social Worker changes primary State of Domicile by moving from a
419     Member State to a non-Member State, the non-member State criteria shall apply for issuance of
420     a Single State License in the new non-Member State.
421          D. Nothing in this Compact shall interfere with a Regulated Social Worker's ability to
422     hold a Single State License in multiple States, however for the purposes of this Compact, a
423     Regulated Social Worker shall have only one Home State license.
424          E. Nothing in this Compact shall affect the requirements established by a Member State
425     for the issuance of a Single State License.
426          Section 8. Section 58-60b-106 is enacted to read:
427          58-60b-106. Section 6 -- Military families.
428          Active Duty Military personnel, or their spouse, shall designate a Home State where the
429     individual has a current license in good standing. The individual may retain the Home State
430     designation during the period the service member is on active duty. Subsequent to designating

431     a Home State, the individual may only change their Home State through application for
432     licensure in the new State, or through the process outlined in Section 5.
433          Section 9. Section 58-60b-107 is enacted to read:
434          58-60b-107. Section 7 -- Adverse actions.
435          A. In addition to the other powers conferred by State law, a Remote State shall have the
436     authority, in accordance with existing State due process law, to:
437          1. Take Adverse Action against a Regulated Social Worker's Multistate Authorization
438     to Practice within that Member State, and issue subpoenas for both hearings and investigations
439     that require the attendance and testimony of witnesses as well as the production of evidence.
440     Subpoenas issued by a Licensing Authority in a Member State for the attendance and testimony
441     of witnesses or the production of evidence from another Member State shall be enforced in the
442     latter State by any court of competent jurisdiction, according to the practice and procedure of
443     that court applicable to subpoenas issued in proceedings pending before it. The issuing
444     authority shall pay any witness fees, travel expenses, mileage, and other fees required by the
445     service statutes of the State in which the witnesses or evidence are located.
446          2. Only the Home State shall have the power to take Adverse Action against a
447     Regulated Social Worker's Home State license.
448          B. For purposes of taking Adverse Action, the Home State shall give the same priority
449     and effect to reported conduct received from a Member State as it would if the conduct had
450     occurred within the Home State. In so doing, the Home State shall apply its own State laws to
451     determine appropriate action.
452          C. The Home State shall complete any pending investigations of a Regulated Social
453     Worker who changes primary State of Domicile during the course of the investigations. The
454     Home State shall also have the authority to take appropriate action(s) and shall promptly report
455     the conclusions of the investigations to the administrator of the Data System. The administrator
456     of the Data System shall promptly notify the new Home State of any Adverse Actions.
457          D. A Member State, if otherwise permitted by State law, may recover from the affected
458     Regulated Social Worker the costs of investigations and dispositions of cases resulting from
459     any Adverse Action taken against that Regulated Social Worker.
460          E. A Member State may take Adverse Action based on the factual findings of another
461     Member State, provided that the Member State follows its own procedures for taking the

462     Adverse Action.
463          F. Joint Investigations:
464          1. In addition to the authority granted to a Member State by its respective Regulated
465     Social Work practice act or other applicable State law, any Member State may participate with
466     other Member States in joint investigations of Licensees.
467          2. Member States shall share any investigative, litigation, or compliance materials in
468     furtherance of any joint or individual investigation initiated under the Compact.
469          G. If Adverse Action is taken by the Home State against the Interstate Compact License
470     of a Regulated Social Worker, the Regulated Social Worker's Multistate Authorization to
471     Practice in all other Member States shall be deactivated until all Encumbrances have been
472     removed from the Interstate Compact License. All Home State disciplinary orders that impose
473     Adverse Action against the license of a Regulated Social Worker shall include a statement that
474     the Regulated Social Worker's Multistate Authorization to Practice is deactivated in all
475     Member States until all conditions of the decision, order or agreement are satisfied.
476          H. If a Member State takes Adverse Action, it shall promptly notify the administrator of
477     the Data System. The administrator of the Data System shall promptly notify the Home State
478     and all other Member States of any Adverse Actions by Remote States.
479          I. Nothing in this Compact shall override a Member State's decision that participation in
480     an Alternative Program may be used in lieu of Adverse Action.
481          Section 10. Section 58-60b-108 is enacted to read:
482          58-60b-108. Section 8 -- Establishment of Social Work Licensure Compact
483     Commission.
484          A. The Compact Member States hereby create and establish a joint government agency
485     whose membership consists of all member states that have enacted the compact known as the
486     Social Work Compact Commission. The Commission is an instrumentality of the Compact
487     States acting jointly and not an instrumentality of any one state. The Commission shall come
488     into existence on or after the effective date of the Compact as set forth in Section 12.
489          B. Membership, Voting, and Meetings
490          1. Each Member State shall have and be limited to one (1) delegate selected by that
491     Member State's Licensing Authority.
492          2. The delegate shall be either:

493          a. A current member of the State Licensing Authority at the time of appointment, who
494     is a Regulated Social Worker or public member of the Licensing Authority; or
495          b. An administrator of the Licensing Authority or their designee.
496          3. The Commission shall by Rule or bylaw establish a term of office for delegates and
497     may by Rule or bylaw establish term limits.
498          4. The Commission may recommend removal or suspension of any delegate from
499     office.
500          5. A Member State's State Licensing Authority shall fill any vacancy of its delegate
501     occurring on the Commission within 60 days of the vacancy.
502          6. Each delegate shall be entitled to one vote on all matters before the Commission
503     requiring a vote by Commission delegates.
504          7. A delegate shall vote in person or by such other means as provided in the bylaws.
505     The bylaws may provide for delegates to meet by telecommunication, video conference or
506     other means of communication.
507          8. The Commission shall meet at least once during each calendar year. Additional
508     meetings may be held as set forth in the bylaws. The Commission may meet by
509     telecommunication, video conference or other similar electronic means.
510          C. The Commission shall have the following powers and duties:
511          1. Establish the fiscal year of the Commission;
512          2. Establish code of conduct and conflict of interest policies;
513          3. Establish and amend Rules and bylaws;
514          4. Maintain its financial records in accordance with the bylaws;
515          5. Meet and take such actions as are consistent with the provisions of this Compact, the
516     Commission's rules and the bylaws;
517          6. Initiate and conclude legal proceedings or actions in the name of the Commission,
518     provided that the standing of any State Licensing Board to sue or be sued under applicable law
519     shall not be affected;
520          7. Maintain and certify records and information provided to a Member State as the
521     authenticated business records of the Commission and designate an agent to do so on the
522     Commission's behalf;
523          8. Purchase and maintain insurance and bonds;

524          9. Borrow, accept, or contract for services of personnel, including, but not limited to,
525     employees of a Member State;
526          10. Conduct an annual financial review;
527          11. Hire employees, elect or appoint officers, fix compensation, define duties, grant
528     such individuals appropriate authority to carry out the purposes of the Compact, and establish
529     the Commission's personnel policies and programs relating to conflicts of interest,
530     qualifications of personnel, and other related personnel matters;
531          12. Assess and collect fees;
532          13. Accept any and all appropriate gifts, donations, grants of money, other sources of
533     revenue, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the
534     same; provided that at all times the Commission shall avoid any appearance of impropriety or
535     conflict of interest;
536          14. Lease, purchase, retain, or otherwise to own, hold, improve or use, any property,
537     real, personal or mixed; or any undivided interest therein;
538          15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
539     any property real, personal, or mixed;
540          16. Establish a budget and make expenditures;
541          17. Borrow money;
542          18. Appoint committees, including standing committees composed of members, State
543     regulators, State legislators or their representatives, and consumer representatives, and such
544     other interested persons as may be designated in this Compact and the bylaws;
545          19. Provide and receive information from, and cooperate with, law enforcement
546     agencies;
547          20. Establish and elect an Executive Committee, including chair and a vice chair;
548          21. Determine whether a State's adopted language is materially different from the model
549     compact language such that the State would not qualify for participation in the Compact; and
550          22. Perform such other functions as may be necessary or appropriate to achieve the
551     purposes of this Compact.
552          D. The Executive Committee
553          1. The Executive Committee shall have the power to act on behalf of the Commission
554     according to the terms of this Compact. The powers, duties, and responsibilities of the

555     Executive Committee shall include:
556          a. Oversee the day-to-day activities of the administration of the compact including
557     enforcement and compliance with the provisions of the compact, its Rules and bylaws, and
558     other duties as deemed necessary;
559          b. Recommend to the Commission changes to the Rules or bylaws, changes to this
560     Compact legislation, fees charged to Compact Member States such as fees charged to licensees,
561     and other fees;
562          c. Ensure Compact administration services are appropriately provided, including by
563     contract;
564          d. Prepare and recommend the budget;
565          e. Maintain financial records on behalf of the Commission;
566          f. Monitor Compact compliance of Member States and provide compliance reports to
567     the Commission;
568          g. Establish additional committees as necessary;
569          h. Exercise the powers and duties of the Commission during the interim between
570     Commission meetings, except for adopting or amending Rules, adopting or amending bylaws,
571     and exercising any other powers and duties expressly reserved to the Commission by Rule or
572     bylaw; and
573          i. Other duties as provided in the Rules or bylaws of the Commission.
574          2. The Executive Committee shall be composed of up to nine (9) members:
575          a. The chair and vice chair of the Commission shall be voting members of the
576     Executive Committee;
577          b. Five voting members who are elected by the Commission from the current
578     membership of the Commission; and
579          c. Up to two (2) ex-officio, nonvoting members from two (2) recognized national social
580     worker organizations.
581          d. The ex-officio members will be selected by their respective organizations (and which
582     will rotate terms in alphabetical order of the organizations).
583          3. The Commission may remove any member of the Executive Committee as provided
584     in the Commission's bylaws.
585          4. The Executive Committee shall meet at least annually.

586          a. Executive Committee meetings shall be open to the public, except that the Executive
587     Committee may meet in a closed, non-public meeting as provided in subsection F-2 below.
588          b. The Executive Committee shall give seven days' notice of its meetings, posted on its
589     website and as determined to provide notice to persons with an interest in the business of the
590     Commission.
591          c. The Executive Committee may hold a special meeting in accordance with subsection
592     F-1-b below.
593          E. The Commission shall adopt and provide to the Member States an annual report.
594          F. Meetings of the Commission
595          1. All meetings shall be open to the public, except that the Commission may meet in a
596     closed, non-public meeting as provided in subsection F-2 below.
597          a. Public notice for all meetings of the full Commission of meetings shall be given in
598     the same manner as required under the Rulemaking provisions in Section 11, except that the
599     Commission may hold a special meeting as provided in subsection F-1-b below.
600          b. The Commission may hold a special meeting when it must meet to conduct
601     emergency business by giving 48 hours' notice to all commissioners, on the Commission's
602     website, and other means as provided in the Commission's rules. The Commission's legal
603     counsel shall certify that the Commission's need to meet qualifies as an emergency.
604          2. The Commission or the Executive Committee or other committees of the
605     Commission may convene in a closed, non-public meeting for the Commission or Executive
606     Committee or other committees of the Commission to receive legal advice or to discuss:
607          a. Non-compliance of a Member State with its obligations under the Compact;
608          b. The employment, compensation, discipline or other matters, practices or procedures
609     related to specific employees;
610          c. Current or threatened discipline of a Licensee by the Commission or by a Member
611     State's Licensing Authority;
612          d. Current, threatened, or reasonably anticipated litigation;
613          e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
614     estate;
615          f. Accusing any person of a crime or formally censuring any person;
616          g. Trade secrets or commercial or financial information that is privileged or

617     confidential;
618          h. Information of a personal nature where disclosure would constitute a clearly
619     unwarranted invasion of personal privacy;
620          i. Investigative records compiled for law enforcement purposes;
621          j. Information related to any investigative reports prepared by or on behalf of or for use
622     of the Commission or other committee charged with responsibility of investigation or
623     determination of compliance issues pursuant to the Compact; or
624          k. Matters specifically exempted from disclosure by federal or Member State law; or
625          l. Other matters as promulgated by the Commission by Rule.
626          3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that
627     the meeting will be closed and reference each relevant exempting provision, and such reference
628     shall be recorded in the minutes.
629          4. The Commission shall keep minutes that fully and clearly describe all matters
630     discussed in a meeting and shall provide a full and accurate summary of actions taken, and the
631     reasons therefore, including a description of the views expressed. All documents considered in
632     connection with an action shall be identified in such minutes. All minutes and documents of a
633     closed meeting shall remain under seal, subject to release only by a majority vote of the
634     Commission or order of a court of competent jurisdiction.
635          G. Financing of the Commission
636          1. The Commission shall pay, or provide for the payment of, the reasonable expenses of
637     its establishment, organization, and ongoing activities.
638          2. The Commission may accept any and all appropriate revenue sources, as provided in
639     C-12.
640          3. The Commission may levy on and collect an annual assessment from each Member
641     State and impose fees on licensees of Member States to whom it grants an Interstate Compact
642     License to cover the cost of the operations and activities of the Commission and its staff, which
643     must be in a total amount sufficient to cover its annual budget as approved each year for which
644     revenue is not provided by other sources. The aggregate annual assessment amount for Member
645     States shall be allocated based upon a formula that the Commission shall promulgate by Rule.
646          4. The Commission shall not incur obligations of any kind prior to securing the funds
647     adequate to meet the same; nor shall the Commission pledge the credit of any of the Member

648     States, except by and with the authority of the Member State.
649          5. The Commission shall keep accurate accounts of all receipts and disbursements. The
650     receipts and disbursements of the Commission shall be subject to the financial review and
651     accounting procedures established under its bylaws. However, all receipts and disbursements of
652     funds handled by the Commission shall be subject to an annual financial review by a certified
653     or licensed public accountant, and the report of the financial review shall be included in and
654     become part of the annual report of the Commission.
655          H. Qualified Immunity, Defense, and Indemnification
656          1. The members, officers, executive director, employees and representatives of the
657     Commission shall be immune from suit and liability, both personally and in their official
658     capacity, for any claim for damage to or loss of property or personal injury or other civil
659     liability caused by or arising out of any actual or alleged act, error or omission that occurred, or
660     that the person against whom the claim is made had a reasonable basis for believing occurred
661     within the scope of Commission employment, duties or responsibilities; provided that nothing
662     in this paragraph shall be construed to protect any such person from suit or liability for any
663     damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of
664     that person. The procurement of insurance of any type by the Commission shall not in any way
665     compromise or limit the immunity granted hereunder.
666          2. The Commission shall defend any member, officer, executive director, employee and
667     representative of the Commission in any civil action seeking to impose liability arising out of
668     any actual or alleged act, error, or omission that occurred within the scope of Commission
669     employment, duties, or responsibilities, or as determined by the Commission that the person
670     against whom the claim is made had a reasonable basis for believing occurred within the scope
671     of Commission employment, duties, or responsibilities; provided that nothing herein shall be
672     construed to prohibit that person from retaining their own counsel at their own expense; and
673     provided further, that the actual or alleged act, error, or omission did not result from that
674     person's intentional or willful or wanton misconduct.
675          3. The Commission shall indemnify and hold harmless any member, officer, executive
676     director, employee, and representative of the Commission for the amount of any settlement or
677     judgment obtained against that person arising out of any actual or alleged act, error, or
678     omission that occurred within the scope of Commission employment, duties, or

679     responsibilities, or that such person had a reasonable basis for believing occurred within the
680     scope of Commission employment, duties, or responsibilities, provided that the actual or
681     alleged act, error, or omission did not result from the intentional or willful or wanton
682     misconduct of that person.
683          4. Nothing herein shall be construed as a limitation on the liability of any licensee for
684     professional malpractice or misconduct, which shall be governed solely by any other applicable
685     state laws.
686          5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a
687     Member State's state action immunity or state action affirmative defense with respect to
688     antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or
689     anticompetitive law or regulation.
690          6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by
691     the Member States or by the Commission.
692          Section 11. Section 58-60b-109 is enacted to read:
693          58-60b-109. Section 9 -- Data system.
694          A. The Commission shall provide for the development, maintenance, operation, and
695     utilization of a coordinated database and reporting system containing licensure, Adverse
696     Action, and the presence of Current Significant Investigative Information on all licensed
697     individuals in Member States.
698          B. Notwithstanding any other provision of State law to the contrary, a Member State
699     shall submit a uniform data set to the Data System on all individuals to whom this Compact is
700     applicable as required by the Rules of the Commission, including:
701          1. Identifying information;
702          2. Licensure data;
703          3. Adverse Actions against a license or an Interstate Compact License and information
704     related thereto;
705          4. Non-confidential information related to Alternative Program participation, the
706     beginning and end dates of such participation, and other information related to such
707     participation not made confidential under Member State law;
708          5. Any denial of application for licensure, and the reason(s) for such denial;
709          6. The presence of Current Significant Investigative Information; and

710          7. Other information that may facilitate the administration of this Compact or the
711     protection of the public, as determined by the Rules of the Commission.
712          C. The records and information provided to a Member State pursuant to this Compact
713     or through the Data System, when certified by the Commission or an agent thereof, shall
714     constitute the authenticated business records of the Commission, and shall be entitled to any
715     associated hearsay exception in any relevant judicial, quasi-judicial or administrative
716     proceedings in a Member State.
717          D. Current Significant Investigative Information pertaining to a Licensee in any
718     Member State will only be available to other Member States.
719          E. It is the responsibility of the Member States to report any Adverse Action against a
720     Licensee and to monitor the database to determine whether Adverse Action has been taken
721     against a Licensee. Adverse Action information pertaining to a Licensee in any Member State
722     will be available to any other Member State.
723          F. Member States contributing information to the Data System may designate
724     information that may not be shared with the public without the express permission of the
725     contributing State.
726          G. Any information submitted to the Data System that is subsequently expunged
727     pursuant to federal law or the laws of the Member State contributing the information shall be
728     removed from the Data System.
729          Section 12. Section 58-60b-110 is enacted to read:
730          58-60b-110. Section 10 -- Rulemaking.
731          A. The Commission shall promulgate reasonable Rules in order to effectively and
732     efficiently implement and administer the purposes and provisions of the Compact. A Rule shall
733     be invalid and have no force or effect only if a court of competent jurisdiction holds that the
734     Rule is invalid because the Commission exercised its rulemaking authority in a manner that is
735     beyond the scope and purposes of the Compact, or the powers granted hereunder, or based
736     upon another applicable standard of review.
737          B. The Rules of the Commission shall have the force of law in each Member State,
738     provided however that where the Rules of the Commission conflict with the laws of the
739     Member State that establish the Member State's Scope of Practice as held by a court of
740     competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the

741     extent of the conflict.
742          C. The Commission shall exercise its Rulemaking powers pursuant to the criteria set
743     forth in this Section and the Rules adopted thereunder. Rules shall become binding as of the
744     date specified in each Rule.
745          D. If a majority of the legislatures of the Member States rejects a Rule or portion of a
746     Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact
747     within four (4) years of the date of adoption of the Rule, then such Rule shall have no further
748     force and effect in any Member State.
749          E. Rules shall be adopted at a regular or special meeting of the Commission.
750          F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and
751     allow persons to provide oral and written comments, data, facts, opinions, and arguments.
752          G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days
753     in advance of the meeting at which the Commission will hold a public hearing on the proposed
754     Rule, the Commission shall provide a Notice of Proposed Rulemaking:
755          1. On the website of the Commission or other publicly accessible platform;
756          2. To persons who have requested notice of the Commission's notices of proposed
757     rulemaking; and
758          3. In such other way(s) as the Commission may by Rule specify.
759          H. The Notice of Proposed Rulemaking shall include:
760          1. The time, date, and location of the public hearing at which the Commission will hear
761     public comments on the proposed Rule and, if different, the time, date, and location of the
762     meeting where the Commission will consider and vote on the proposed rule;
763          2. If the hearing is held via telecommunication, video conference, or other electronic
764     means, the Commission shall include the mechanism for access to the hearing in the Notice of
765     Proposed Rulemaking;
766          3. The text of the proposed Rule and the reason therefor;
767          4. A request for comments on the proposed Rule from any interested person; and
768          5. The manner in which interested persons may submit written comments.
769          I. All hearings will be recorded. A copy of the recording and all written comments and
770     documents received by the Commission in response to the proposed Rule shall be available to
771     the public.

772          J. Nothing in this section shall be construed as requiring a separate hearing on each
773     Rule. Rules may be grouped for the convenience of the Commission at hearings required by
774     this section.
775          K. The Commission shall, by majority vote of all members, take final action on the
776     proposed Rule based on the Rulemaking record and the full text of the Rule.
777          1. The Commission may adopt changes to the proposed Rule provided the changes do
778     not enlarge the original purpose of the proposed Rule.
779          2. The Commission shall provide an explanation of the reasons for substantive changes
780     made to the proposed Rule as well as reasons for substantive changes not made that were
781     recommended by commenters.
782          3. The Commission shall determine a reasonable effective date for the Rule. Except for
783     an emergency as provided in Section 11.L, the effective date of the rule shall be no sooner than
784     30 days after issuing the notice that it adopted or amended the Rule.
785          L. Upon determination that an emergency exists, the Commission may consider and
786     adopt an emergency Rule with [24 or 48] hours' notice, with opportunity to comment, provided
787     that the usual Rulemaking procedures provided in the Compact and in this section shall be
788     retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety
789     (90) days after the effective date of the Rule. For the purposes of this provision, an emergency
790     Rule is one that must be adopted immediately in order to:
791          1. Meet an imminent threat to public health, safety, or welfare;
792          2. Prevent a loss of Commission or Member State funds;
793          3. Meet a deadline for the promulgation of a Rule that is established by federal law or
794     rule; or
795          4. Protect public health and safety.
796          M. The Commission or an authorized committee of the Commission may direct
797     revisions to a previously adopted Rule for purposes of correcting typographical errors, errors in
798     format, errors in consistency, or grammatical errors. Public notice of any revisions shall be
799     posted on the website of the Commission. The revision shall be subject to challenge by any
800     person for a period of thirty (30) days after posting. The revision may be challenged only on
801     grounds that the revision results in a material change to a Rule. A challenge shall be made in
802     writing and delivered to the Commission prior to the end of the notice period. If no challenge is

803     made, the revision will take effect without further action. If the revision is challenged, the
804     revision may not take effect without the approval of the Commission.
805          N. No Member State's rulemaking requirements shall apply under this compact.
806          Section 13. Section 58-60b-111 is enacted to read:
807          58-60b-111. Section 11 -- Oversight, dispute resolution, and enforcement.
808          A. Oversight
809          1. The executive and judicial branches of State government in each Member State shall
810     enforce this Compact and take all actions necessary and appropriate to implement the compact.
811          2. Venue is proper and judicial proceedings by or against the Commission shall be
812     brought solely and exclusively in a court of competent jurisdiction where the principal office of
813     the Commission is located. The Commission may waive venue and jurisdictional defenses to
814     the extent it adopts or consents to participate in alternative dispute resolution proceedings.
815     Nothing herein shall affect or limit the selection or propriety of venue in any action against a
816     licensee for professional malpractice, misconduct or any such similar matter.
817          3. The Commission shall be entitled to receive service of process in any proceeding
818     regarding the enforcement or interpretation of the Compact and shall have standing to intervene
819     in such a proceeding for all purposes. Failure to provide the Commission service of process
820     shall render a judgment or order void as to the Commission, this Compact, or promulgated
821     Rules.
822          B. Default, Technical Assistance, and Termination
823          1. If the Commission determines that a Member State has defaulted in the performance
824     of its obligations or responsibilities under this Compact or the promulgated Rules, the
825     Commission shall provide written notice to the defaulting State. The notice of default shall
826     describe the default, the proposed means of curing the default, and any other action that the
827     Commission may take, and shall offer training and specific technical assistance regarding the
828     default.
829          2. The Commission shall provide a copy of the notice of default to the other Member
830     States.
831          C. If a State in default fails to cure the default, the defaulting State may be terminated
832     from the Compact upon an affirmative vote of a majority of the delegates of the Member
833     States, and all rights, privileges and benefits conferred on that State by this Compact may be

834     terminated on the effective date of termination. A cure of the default does not relieve the
835     offending State of obligations or liabilities incurred during the period of default.
836          D. Termination of membership in the Compact shall be imposed only after all other
837     means of securing compliance have been exhausted. Notice of intent to suspend or terminate
838     shall be given by the Commission to the governor, the majority and minority leaders of the
839     defaulting State's Legislature, the defaulting State's State Licensing Authority and each of the
840     Member States' State Licensing Authority.
841          E. A State that has been terminated is responsible for all assessments, obligations, and
842     liabilities incurred through the effective date of termination, including obligations that extend
843     beyond the effective date of termination.
844          F. Upon the termination of a State's membership from this Compact, that State shall
845     immediately provide notice to all Licensees within that State of such termination. The
846     terminated State shall continue to recognize all licenses granted pursuant to this Compact for a
847     minimum of six (6) months after the date of said notice of termination.
848          G. The Commission shall not bear any costs related to a State that is found to be in
849     default or that has been terminated from the Compact, unless agreed upon in writing between
850     the Commission and the defaulting State.
851          H. The defaulting State may appeal the action of the Commission by petitioning the
852     U.S. District Court for the District of Columbia or the federal district where the Commission
853     has its principal offices. The prevailing party shall be awarded all costs of such litigation,
854     including reasonable attorney's fees.
855          I. Dispute Resolution
856          1. Upon request by a Member State, the Commission shall attempt to resolve disputes
857     related to the Compact that arise among Member States and between Member and non-Member
858     States.
859          2. The Commission shall promulgate a Rule providing for both mediation and binding
860     dispute resolution for disputes as appropriate.
861          J. Enforcement
862          1. By majority vote as provided by Rule, the Commission may initiate legal action
863     against a Member State in default in the United States District Court for the District of
864     Columbia or the federal district where the Commission has its principal offices to enforce

865     compliance with the provisions of the Compact and its promulgated Rules. The relief sought
866     may include both injunctive relief and damages. In the event judicial enforcement is necessary,
867     the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's
868     fees. The remedies herein shall not be the exclusive remedies of the Commission. The
869     Commission may pursue any other remedies available under federal or the defaulting Member
870     State's law.
871          2. A Member State may initiate legal action against the Commission in the U.S. District
872     Court for the District of Columbia or the federal district where the Commission has its
873     principal offices to enforce compliance with the provisions of the Compact and its promulgated
874     Rules. The relief sought may include both injunctive relief and damages. In the event judicial
875     enforcement is necessary, the prevailing party shall be awarded all costs of such litigation,
876     including reasonable attorney's fees.
877          3. No person other than a Member State shall enforce this compact against the
878     Commission.
879          Section 14. Section 58-60b-112 is enacted to read:
880          58-60b-112. Section 12 -- Effective date, withdrawal, and amendment.
881          A. The Compact shall come into effect on the date on which the Compact statute is
882     enacted into law in the seventh Member State. The provisions, which become effective at that
883     time, shall be limited to the powers granted to the Commission relating to assembly and the
884     promulgation of Rules. Thereafter, the Commission shall meet and exercise Rulemaking
885     powers necessary to the implementation and administration of the Compact. All actions taken
886     for the benefit of the Commission and/or in furtherance of the purposes of the administration of
887     the Compact prior to the effective date of the Compact and/or the Commission coming into
888     existence shall be considered to be actions of the Commission unless specifically repudiated by
889     the Commission.
890          B. Any State that joins the Compact subsequent to the Commission's initial adoption of
891     the Rules and bylaws shall be subject to the Rules and bylaws as they exist on the date on
892     which the Compact becomes law in that State. Any Rule that has been previously adopted by
893     the Commission shall have the full force and effect of law on the day the Compact becomes
894     law in that State.
895          C. Any Member State may withdraw from this Compact by enacting a statute repealing

896     the same.
897          1. A Member State's withdrawal shall not take effect until 180 days after enactment of
898     the repealing statute.
899          2. Withdrawal shall not affect the continuing requirement of the withdrawing State's
900     Licensing Authority to comply with the investigative and Adverse Action reporting
901     requirements of this Compact prior to the effective date of withdrawal.
902          D. Upon the enactment of a statute withdrawing from this compact, a State shall
903     immediately provide notice of such withdrawal to all Licensees within that State.
904     Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing State
905     shall continue to recognize all licenses granted pursuant to this compact for a minimum of six
906     (6) months after the date of such notice of withdrawal.
907          E. Nothing contained in this Compact shall be construed to invalidate or prevent any
908     Social Work licensure agreement or other cooperative arrangement between a Member State
909     and a non-Member State that does not conflict with the provisions of this Compact.
910          F. This Compact may be amended by the Member States. No amendment to this
911     Compact shall become effective and binding upon any Member State until it is enacted into the
912     laws of all Member States.
913          Section 15. Section 58-60b-113 is enacted to read:
914          58-60b-113. Section 13 -- Construction and severability.
915          A. This Compact and the Commission's rulemaking authority shall be liberally
916     construed so as to effectuate the purposes, and the implementation and administration of the
917     Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of
918     Rules shall not be construed to limit the Commission's rulemaking authority solely for those
919     purposes.
920          B. The provisions of this Compact shall be severable and if any phrase, clause, sentence
921     or provision of this Compact is held by a court of competent jurisdiction to be contrary to the
922     constitution of any Member State, a State seeking participation in the Compact, or of the
923     United States, or the applicability thereof to any government, agency, person or circumstance is
924     held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of
925     this Compact and the applicability thereof to any other government, agency, person or
926     circumstance shall not be affected thereby.

927          C. Notwithstanding subsection B of this section, the Commission may deny a State's
928     participation in the Compact or, in accordance with the requirements of Section 12.B, terminate
929     a Member State's participation in the Compact, if it determines that a constitutional
930     requirement of a Member State is, or would be with respect to a State seeking to participate in
931     the Compact, a material departure from the Compact. Otherwise, if this Compact shall be held
932     to be contrary to the constitution of any Member State, the Compact shall remain in full force
933     and effect as to the remaining Member States and in full force and effect as to the Member
934     State affected as to all severable matters.
935          Section 16. Section 58-60b-114 is enacted to read:
936          58-60b-114. Section 14 -- Binding effect of Compact and other laws.
937          A. A Licensee providing services in a Remote State under a Multistate Authorization to
938     Practice shall adhere to the laws and regulations, including Scope of Practice, of the Remote
939     State where the client is located at the time care is rendered.
940          B. Nothing herein prevents the enforcement of any other law of a Member State that is
941     not inconsistent with the Compact.
942          C. Any laws in a Member State in conflict with the Compact are superseded to the
943     extent of the conflict.
944          D. Any lawful actions of the Commission, including all Rules and bylaws properly
945     promulgated by the Commission, are binding upon the Member States.
946          E. All permissible agreements between the Commission and the Member States are
947     binding in accordance with their terms.
948          F. In the event any provision of the Compact exceeds the constitutional limits imposed
949     on the Legislature of any Member State, the provision shall be ineffective to the extent of the
950     conflict with the constitutional provision in question in that Member State.
951          Section 17. Section 58-60b-201 is enacted to read:
952     
Part 2. Division Implementation

953          58-60b-201. Rulemaking authority -- State authority over scope of practice.
954          (1) The division may make rules in accordance with Title 63G, Chapter 3, Utah
955     Administrative Rulemaking Act, to implement this chapter.
956          (2) Notwithstanding any provision in Sections 58-60b-101 through 58-60b-114,
957     Sections 58-60b-101 through 58-60b-114 do not supersede state law related to an individual's

958     scope of practice under this title.