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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; [
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[
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
170
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
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.