This document includes House Committee Amendments incorporated into the bill on Thu, Jan 18, 2024 at 11:37 AM by housengrossing.
This document includes House Committee Amendments (CORRECTED) incorporated into the bill on Thu, Jan 18, 2024 at 1:04 PM by housengrossing.
This document includes House Committee Amendments (CORRECTED) incorporated into the bill on Fri, Jan 19, 2024 at 4:14 PM by housengrossing.
1     
SOCIAL WORK LICENSURE COMPACT

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Sandra Hollins

5     
Senate Sponsor: Todd D. Weiler

6     

7     LONG TITLE
8     Committee Note:
9          The Health and Human Services Interim Committee recommended this bill.
10               Legislative Vote:     15 voting for     0 voting against     4 absent
11     General Description:
12          This bill enacts the Social Work Licensure Compact.
13     Highlighted Provisions:
14          This bill:
15          ▸     enacts the Social Work Licensure Compact; Ĥ→ [
and] ←Ĥ
16          ▸     provides rulemaking authority Ĥ→ [
.] ; and
16a     ▸ makes technical changes. ←Ĥ
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          58-60-103.1, as enacted by Laws of Utah 2022, Chapter 466
24          58-60-205, as last amended by Laws of Utah 2023, Chapters 283, 339
25     ENACTS:
26          58-60b-101, Utah Code Annotated 1953
27          58-60b-102, Utah Code Annotated 1953

28          58-60b-103, Utah Code Annotated 1953
29          58-60b-104, Utah Code Annotated 1953
30          58-60b-105, Utah Code Annotated 1953
31          58-60b-106, Utah Code Annotated 1953
32          58-60b-107, Utah Code Annotated 1953
33          58-60b-108, Utah Code Annotated 1953
34          58-60b-109, Utah Code Annotated 1953
35          58-60b-110, Utah Code Annotated 1953
36          58-60b-111, Utah Code Annotated 1953
37          58-60b-112, Utah Code Annotated 1953
38          58-60b-113, Utah Code Annotated 1953
39          58-60b-114, Utah Code Annotated 1953
40          58-60b-115, Utah Code Annotated 1953
41          58-60b-116, Utah Code Annotated 1953
42          58-60b-201, Utah Code Annotated 1953
43     

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

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

90          (c) produce certified transcripts from an accredited institution of higher education
91     recognized by the division in collaboration with the board verifying satisfactory completion of
92     an education and an earned degree as follows:
93          (i) a master's degree in a social work program accredited by the Council on Social
94     Work Education or by the Canadian Association of Schools of Social Work; or
95          (ii) a doctoral degree that contains a clinical social work concentration and practicum
96     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
97     Administrative Rulemaking Act, that is consistent with Section 58-1-203;
98          (d) have completed a minimum of 3,000 hours of clinical social work training as
99     defined by division rule under Section 58-1-203:
100          (i) under the supervision of a supervisor approved by the division in collaboration with
101     the board who is a:
102          (A) clinical mental health counselor;
103          (B) psychiatrist;
104          (C) psychologist;
105          (D) registered psychiatric mental health nurse practitioner;
106          (E) marriage and family therapist; or
107          (F) clinical social worker; and
108          (ii) including a minimum of two hours of training in suicide prevention via a course
109     that the division designates as approved;
110          (e) document successful completion of not less than 1,000 hours of supervised training
111     in mental health therapy obtained after completion of the education requirement in Subsection
112     (1)(c), which training may be included as part of the 3,000 hours of training in Subsection
113     (1)(d), and of which documented evidence demonstrates not less than 75 of the hours were
114     obtained under the direct supervision, as defined by rule, of a supervisor described in
115     Subsection (1)(d)(i);
116          (f) have completed a case work, group work, or family treatment course sequence with
117     a clinical practicum in content as defined by rule under Section 58-1-203;
118          (g) pass the examination requirement established by rule under Section 58-1-203; and
119          (h) if the applicant is applying to participate in the Ĥ→ [
Counseling Compact under Chapter
120     60a, Counseling Compact, or the
] ←Ĥ
Social Work Licensure Compact under Chapter 60b, Social

121     Work Licensure Compact, consent to a criminal background check in accordance with Section
122     58-60-103.1 and any requirements established by division rule made in accordance with Title
123     63G, Chapter 3, Utah Administrative Rulemaking Act.
124          (2) An applicant for licensure as a certified social worker shall:
125          (a) submit an application on a form provided by the division;
126          (b) pay a fee determined by the department under Section 63J-1-504; and
127          (c) produce certified transcripts from an accredited institution of higher education
128     recognized by the division in collaboration with the board verifying satisfactory completion of
129     an education and an earned degree as follows:
130          (i) a master's degree in a social work program accredited by the Council on Social
131     Work Education or by the Canadian Association of Schools of Social Work; or
132          (ii) a doctoral degree that contains a clinical social work concentration and practicum
133     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
134     Administrative Rulemaking Act, that is consistent with Section 58-1-203.
135          (3) An applicant for licensure as a social service worker shall:
136          (a) submit an application on a form provided by the division;
137          (b) pay a fee determined by the department under Section 63J-1-504; and
138          (c) produce certified transcripts from an accredited institution of higher education
139     recognized by the division in collaboration with the board verifying satisfactory completion of
140     an education and an earned degree as follows:
141          (i) a bachelor's degree in a social work program accredited by the Council on Social
142     Work Education or by the Canadian Association of Schools of Social Work;
143          (ii) a master's degree in a field approved by the division in collaboration with the
144     board;
145          (iii) a bachelor's degree in any field if the applicant:
146          (A) has completed at least three semester hours, or the equivalent, in each of the
147     following areas:
148          (I) social welfare policy;
149          (II) human growth and development; and
150          (III) social work practice methods, as defined by rule; and
151          (B) provides documentation that the applicant has completed at least 2,000 hours of

152     qualifying experience under the supervision of a mental health therapist, which experience is
153     approved by the division in collaboration with the board, and which is performed after
154     completion of the requirements to obtain the bachelor's degree required under this Subsection
155     [(4)] (3); or
156          (iv) successful completion of the first academic year of a Council on Social Work
157     Education approved master's of social work curriculum and practicum.
158          (4) The division shall ensure that the rules for an examination described under
159     Subsection (1)(g) allow additional time to complete the examination if requested by an
160     applicant who is:
161          (a) a foreign born legal resident of the United States for whom English is a second
162     language; or
163          (b) an enrolled member of a federally recognized Native American tribe.
164          Section 3. Section 58-60b-101 is enacted to read:
165     
CHAPTER 60b. SOCIAL WORK LICENSURE COMPACT

166     
Part 1. Compact Text

167          58-60b-101. Section 1 -- Purpose.
168          The purpose of this Compact is to facilitate interstate practice of Regulated Social
169     Workers by improving public access to competent Social Work Services. The Compact
170     preserves the regulatory authority of States to protect public health and safety through the
171     current system of State licensure.
172          This Compact is designed to achieve the following objectives:
173          A. Increase public access to Social Work Services;
174          B. Reduce overly burdensome and duplicative requirements associated with holding
175     multiple licenses;
176          C. Enhance the Member States' ability to protect the public's health and safety;
177          D. Encourage the cooperation of Member States in regulating multistate practice;
178          E. Promote mobility and address workforce shortages by eliminating the necessity for
179     licenses in multiple States by providing for the mutual recognition of other Member State
180     licenses;
181          F. Support military families;
182          G. Facilitate the exchange of licensure and disciplinary information among Member

183     States;
184          H. Authorize all Member States to hold a Regulated Social Worker accountable for
185     abiding by a Member State's laws, regulations, and applicable professional standards in the
186     Member State in which the client is located at the time care is rendered; and
187          I. Allow for the use of telehealth to facilitate increased access to regulated Social Work
188     Services.
189          Section 4. Section 58-60b-102 is enacted to read:
190          58-60b-102. Section 2 -- Definitions.
191          As used in this Compact, and except as otherwise provided, the following definitions
192     shall apply:
193          A. "Active Military Member" means any individual with full-time duty status in the
194     active armed forces of the United States including members of the National Guard and
195     Reserve.
196          B. "Adverse Action" means any administrative, civil, equitable or criminal action
197     permitted by a State's laws which is imposed by a Licensing Authority or other authority
198     against a Regulated Social Worker, including actions against an individual's license or
199     Multistate Authorization to Practice such as revocation, suspension, probation, monitoring of
200     the Licensee, limitation on the Licensee's practice, or any other Encumbrance on licensure
201     affecting a Regulated Social Worker's authorization to practice, including issuance of a cease
202     and desist action.
203          C. "Alternative Program" means a non-disciplinary monitoring or practice remediation
204     process approved by a Licensing Authority to address practitioners with an Impairment.
205          D. "Charter Member States" means Member States who have enacted legislation to
206     adopt this Compact where such legislation predates the effective date of this Compact as
207     described in Section 14.
208          E. "Compact Commission" or "Commission" means the government agency whose
209     membership consists of all States that have enacted this Compact, which is known as the Social
210     Work Licensure Compact Commission, as described in Section 10, and which shall operate as
211     an instrumentality of the Member States.
212          F. "Current Significant Investigative Information" means:
213          1. Investigative information that a Licensing Authority, after a preliminary inquiry that

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

245          Q. "Multistate Authorization to Practice" means a legally authorized privilege to
246     practice, which is equivalent to a license, associated with a Multistate License permitting the
247     practice of Social Work in a Remote State.
248          R. "Multistate License" means a license to practice as a Regulated Social Worker
249     issued by a Home State Licensing Authority that authorizes the Regulated Social Worker to
250     practice in all Member States under Multistate Authorization to Practice.
251          S. "Qualifying National Exam" means a national licensing examination approved by
252     the Commission.
253          T. "Regulated Social Worker" means any clinical, master's or bachelor's Social Worker
254     licensed by a Member State regardless of the title used by that Member State.
255          U. "Remote State" means a Member State other than the Licensee's Home State.
256          V. "Rule(s)" or "Rule(s) of the Commission" means a regulation or regulations duly
257     promulgated by the Commission, as authorized by the Compact, that has the force of law.
258          W. "Single State License" means a Social Work license issued by any State that
259     authorizes practice only within the issuing State and does not include Multistate Authorization
260     to Practice in any Member State.
261          X. "Social Work" or "Social Work Services" means the application of social work
262     theory, knowledge, methods, ethics, and the professional use of self to restore or enhance
263     social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups,
264     organizations, and communities through the care and services provided by a Regulated Social
265     Worker as set forth in the Member State's statutes and regulations in the State where the
266     services are being provided.
267          Y. "State" means any state, commonwealth, district, or territory of the United States of
268     America that regulates the practice of Social Work.
269          Z. "Unencumbered License" means a license that authorizes a Regulated Social Worker
270     to engage in the full and unrestricted practice of Social Work.
271          Section 5. Section 58-60b-103 is enacted to read:
272          58-60b-103. Section 3 -- State participation in the Compact.
273          A. To be eligible to participate in the compact, a potential Member State must currently
274     meet all of the following criteria:
275          1. License and regulate the practice of Social Work at either the clinical, master's, or

276     bachelor's category.
277          2. Require applicants for licensure to graduate from a program that is:
278          a. Operated by a college or university recognized by the Licensing Authority;
279          b. Accredited, or in candidacy by an institution that subsequently becomes accredited,
280     by an accrediting agency recognized by either:
281          i. the Council for Higher Education Accreditation, or its successor; or
282          ii. the United States Department of Education; and
283          c. Corresponds to the licensure as outlined in Section 4.
284          3. Require applicants for clinical licensure to complete a period of supervised practice.
285          4. Have a mechanism in place for receiving, investigating, and adjudicating complaints
286     about Licensees.
287          B. To maintain membership in the Compact a Member State shall:
288          1. Require that applicants for a Multistate License pass a Qualifying National Exam for
289     the corresponding category of Multistate License sought as outlined in Section 4;
290          2. Participate fully in the Commission's Data System, including using the
291     Commission's unique identifier as defined in Rules;
292          3. Notify the Commission, in compliance with the terms of the Compact and Rules, of
293     any Adverse Action or the availability of Current Significant Investigative Information
294     regarding a Licensee;
295          4. Implement procedures for considering the criminal history records of applicants for a
296     Multistate License. Such procedures shall include the submission of fingerprints or other
297     biometric-based information by applicants for the purpose of obtaining an applicant's criminal
298     history record information from the Federal Bureau of Investigation and the agency responsible
299     for retaining that State's criminal records;
300          5. Comply with the Rules of the Commission;
301          6. Require an applicant to obtain or retain a license in the Home State and meet the
302     Home State's qualifications for licensure or renewal of licensure, as well as all other applicable
303     Home State laws;
304          7. Authorize a Licensee holding a Multistate License in any Member State to practice
305     in accordance with the terms of the Compact and Rules of the Commission; and
306          8. Designate a delegate to participate in the Commission meetings.

307          C. A Member State meeting the requirements of Section 3.A and 3.B of this Compact
308     shall designate the categories of Social Work licensure that are eligible for issuance of a
309     Multistate License for applicants in such Member State. To the extent that any Member State
310     does not meet the requirements for participation in the Compact at any particular category of
311     Social Work licensure, such Member State may choose, but is not obligated to, issue a
312     Multistate License to applicants that otherwise meet the requirements of Section 4 for issuance
313     of a Multistate License in such category or categories of licensure.
314          D. The Home State may charge a fee for granting the Multistate License.
315          Section 6. Section 58-60b-104 is enacted to read:
316          58-60b-104. Section 4 -- Social Worker participation in the Compact.
317          A. To be eligible for an Multistate License under the terms and provisions of the
318     Compact, an applicant, regardless of category must:
319          1. Hold or be eligible for an active, Unencumbered License in the Home State;
320          2. Pay any applicable fees, including any State fee, for the Multistate License;
321          3. Submit, in connection with an application for a Multistate License, fingerprints or
322     other biometric data for the purpose of obtaining criminal history record information from the
323     Federal Bureau of Investigation and the agency responsible for retaining that State's criminal
324     records;
325          4. Notify the Home State of any Adverse Action, Encumbrance, or restriction on any
326     professional license taken by any Member State or non-Member State within 30 days from the
327     date the action is taken;
328          5. Meet any continuing competence requirements established by the Home State; and
329          6. Abide by the laws, regulations, and applicable standards in the Member State where
330     the client is located at the time care is rendered.
331          B. An applicant for a clinical-category Multistate License must meet all of the
332     following requirements:
333          1. Fulfill a competency requirement, which shall be satisfied by either:
334          a. Passage of a clinical-category Qualifying National Exam; or
335          b. Licensure of the applicant in their Home State at the clinical category, beginning
336     prior to such time as a Qualifying National Exam was required by the Home State and
337     accompanied by a period of continuous Social Work licensure thereafter, all of which may be

338     further governed by the Rules of the Commission; or
339          c. The substantial equivalency of the foregoing competency requirements which the
340     Commission may determine by Rule.
341          2. Attain at least a master's degree in Social Work from a program that is:
342          a. Operated by a college or university recognized by the Licensing Authority; and
343          b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting
344     agency recognized by either:
345          i. the Council for Higher Education Accreditation or its successor; or
346          ii. the United States Department of Education.
347          3. Fulfill a practice requirement, which shall be satisfied by demonstrating completion
348     of either:
349          a. A period of postgraduate supervised clinical practice equal to a minimum of three
350     thousand hours; or
351          b. A minimum of two years of full-time postgraduate supervised clinical practice; or
352          c. The substantial equivalency of the foregoing practice requirements which the
353     Commission may determine by Rule.
354          C. An applicant for a master's-category Multistate License must meet all of the
355     following requirements:
356          1. Fulfill a competency requirement, which shall be satisfied by either:
357          a. Passage of a master's-category Qualifying National Exam;
358          b. Licensure of the applicant in their Home State at the master's category, beginning
359     prior to such time as a Qualifying National Exam was required by the Home State at the
360     master's category and accompanied by a continuous period of Social Work licensure thereafter,
361     all of which may be further governed by the Rules of the Commission; or
362          c. The substantial equivalency of the foregoing competency requirements which the
363     Commission may determine by Rule.
364          2. Attain at least a master's degree in Social Work from a program that is:
365          a. Operated by a college or university recognized by the Licensing Authority; and
366          b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting
367     agency recognized by either:
368          i. the Council for Higher Education Accreditation or its successor; or

369          ii. the United States Department of Education.
370          D. An applicant for a bachelor's category Multistate License must meet all of the
371     following requirements:
372          1. Fulfill a competency requirement, which shall be satisfied by either:
373          a. Passage of a bachelor's-category Qualifying National Exam;
374          b. Licensure of the applicant in their Home State at the bachelor's category, beginning
375     prior to such time as a Qualifying National Exam was required by the Home State and
376     accompanied by a period of continuous Social Work licensure thereafter, all of which may be
377     further governed by the Rules of the Commission; or
378          c. The substantial equivalency of the foregoing competency requirements which the
379     Commission may determine by Rule.
380          2. Attain at least a bachelor's degree in Social Work from a program that is:
381          a. Operated by a college or university recognized by the Licensing Authority; and
382          b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting
383     agency recognized by either:
384          i. the Council for Higher Education Accreditation or its successor; or
385          ii. the United States Department of Education.
386          E. The Multistate License for a Regulated Social Worker is subject to the renewal
387     requirements of the Home State. The Regulated Social Worker must maintain compliance with
388     the requirements of Section 4(A) to be eligible to renew a Multistate License.
389          F. The Regulated Social Worker's services in a Remote State are subject to that
390     Member State's regulatory authority. A Remote State may, in accordance with due process and
391     that Member State's laws, remove a Regulated Social Worker's Multistate Authorization to
392     Practice in the Remote State for a specific period of time, impose fines, and take any other
393     necessary actions to protect the health and safety of its citizens.
394          G. If a Multistate License is encumbered, the Regulated Social Worker's Multistate
395     Authorization to Practice shall be deactivated in all Remote States until the Multistate License
396     is no longer encumbered.
397          H. If a Multistate Authorization to Practice is encumbered in a Remote State, the
398     regulated Social Worker's Multistate Authorization to Practice may be deactivated in that State
399     until the Multistate Authorization to Practice is no longer encumbered.

400          Section 7. Section 58-60b-105 is enacted to read:
401          58-60b-105. Section 5 -- Issuance of a Multistate License.
402          A. Upon receipt of an application for Multistate License, the Home State Licensing
403     Authority shall determine the applicant's eligibility for a Multistate License in accordance with
404     Section 4 of this Compact.
405          B. If such applicant is eligible pursuant to Section 4 of this Compact, the Home State
406     Licensing Authority shall issue a Multistate License that authorizes the applicant or Regulated
407     Social Worker to practice in all Member States under a Multistate Authorization to Practice.
408          C. Upon issuance of a Multistate License, the Home State Licensing Authority shall
409     designate whether the Regulated Social Worker holds a Multistate License in the Bachelors,
410     Masters, or Clinical category of Social Work.
411          D. A Multistate License issued by a Home State to a resident in that State shall be
412     recognized by all Compact Member States as authorizing Social Work Practice under a
413     Multistate Authorization to Practice corresponding to each category of licensure regulated in
414     each Member State.
415          Section 8. Section 58-60b-106 is enacted to read:
416          58-60b-106. Section 6 -- Authority of Interstate Compact Commission and
417     Member State Licensing Authorities.
418          A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to
419     limit, restrict, or in any way reduce the ability of a Member State to enact and enforce laws,
420     regulations, or other rules related to the practice of Social Work in that State Ĥ→ [
, where those
420a     laws,
421     regulations, or other rules are not inconsistent with the provisions of this Compact
] ←Ĥ .
422          B. Nothing in this Compact shall affect the requirements established by a Member
423     State for the issuance of a Single State License.
424          C. Nothing in this Compact, nor any Rule of the Commission, shall be construed to
425     limit, restrict, or in any way reduce the ability of a Member State to take Adverse Action
426     against a Licensee's Single State License to practice Social Work in that State.
427          D. Nothing in this Compact, nor any Rule of the Commission, shall be construed to
428     limit, restrict, or in any way reduce the ability of a Remote State to take Adverse Action against
429     a Licensee's Multistate Authorization to Practice in that State.
430          E. Nothing in this Compact, nor any Rule of the Commission, shall be construed to

431     limit, restrict, or in any way reduce the ability of a Licensee's Home State to take Adverse
432     Action against a Licensee's Multistate License based upon information provided by a Remote
433     State.
434          Section 9. Section 58-60b-107 is enacted to read:
435          58-60b-107. Section 7 -- Reissuance of a Multistate License by a new Home State.
436          A. A Licensee can hold a Multistate License, issued by their Home State, in only one
437     Member State at any given time.
438          B. If a Licensee changes their Home State by moving between two Member States:
439          1. The Licensee shall immediately apply for the reissuance of their Multistate License
440     in their new Home State. The Licensee shall pay all applicable fees and notify the prior Home
441     State in accordance with the Rules of the Commission.
442          2. Upon receipt of an application to reissue a Multistate License, the new Home State
443     shall verify that the Multistate License is active, unencumbered and eligible for reissuance
444     under the terms of the Compact and the Rules of the Commission. The Multistate License
445     issued by the prior Home State will be deactivated and all Member States notified in
446     accordance with the applicable Rules adopted by the Commission.
447          3. Prior to the reissuance of the Multistate License, the new Home State shall conduct
448     procedures for considering the criminal history records of the Licensee. Such procedures shall
449     include the submission of fingerprints or other biometric-based information by applicants for
450     the purpose of obtaining an applicant's criminal history record information from the Federal
451     Bureau of Investigation and the agency responsible for retaining that State's criminal records.
452          4. If required for initial licensure, the new Home State may require completion of
453     jurisprudence requirements in the new Home State.
454          5. Notwithstanding any other provision of this Compact, if a Licensee does not meet
455     the requirements set forth in this Compact for the reissuance of a Multistate License by the new
456     Home State, then the Licensee shall be subject to the new Home State requirements for the
457     issuance of a Single State License in that State.
458          C. If a Licensee changes their primary State of residence by moving from a Member
459     State to a non-Member State, or from a non-Member State to a Member State, then the
460     Licensee shall be subject to the State requirements for the issuance of a Single State License in
461     the new Home State.

462          D. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single
463     State License in multiple States; however, for the purposes of this Compact, a Licensee shall
464     have only one Home State, and only one Multistate License.
465          E. Nothing in this Compact shall interfere with the requirements established by a
466     Member State for the issuance of a Single State License.
467          Section 10. Section 58-60b-108 is enacted to read:
468          58-60b-108. Section 8 -- Military families.
469          An Active Military Member or their spouse shall designate a Home State where the
470     individual has a Multistate License. The individual may retain their Home State designation
471     during the period the service member is on active duty.
472          Section 11. Section 58-60b-109 is enacted to read:
473          58-60b-109. Section 9 -- Adverse Actions.
474          A. In addition to the other powers conferred by State law, a Remote State shall have the
475     authority, in accordance with existing State due process law, to:
476          1. Take Adverse Action against a Regulated Social Worker's Multistate Authorization
477     to Practice only within that Member State, and issue subpoenas for both hearings and
478     investigations that require the attendance and testimony of witnesses as well as the production
479     of evidence. Subpoenas issued by a Licensing Authority in a Member State for the attendance
480     and testimony of witnesses or the production of evidence from another Member State shall be
481     enforced in the latter State by any court of competent jurisdiction, according to the practice and
482     procedure of that court applicable to subpoenas issued in proceedings pending before it. The
483     issuing Licensing Authority shall pay any witness fees, travel expenses, mileage, and other fees
484     required by the service statutes of the State in which the witnesses or evidence are located.
485          2. Only the Home State shall have the power to take Adverse Action against a
486     Regulated Social Worker's Multistate License.
487          B. For purposes of taking Adverse Action, the Home State shall give the same priority
488     and effect to reported conduct received from a Member State as it would if the conduct had
489     occurred within the Home State. In so doing, the Home State shall apply its own State laws to
490     determine appropriate action.
491          C. The Home State shall complete any pending investigations of a Regulated Social
492     Worker who changes their Home State during the course of the investigations. The Home State

493     shall also have the authority to take appropriate action(s) and shall promptly report the
494     conclusions of the investigations to the administrator of the Data System. The administrator of
495     the Data System shall promptly notify the new Home State of any Adverse Actions.
496          D. A Member State, if otherwise permitted by State law, may recover from the affected
497     Regulated Social Worker the costs of investigations and dispositions of cases resulting from
498     any Adverse Action taken against that Regulated Social Worker.
499          E. A Member State may take Adverse Action based on the factual findings of another
500     Member State, provided that the Member State follows its own procedures for taking the
501     Adverse Action.
502          F. Joint Investigations:
503          1. In addition to the authority granted to a Member State by its respective Social Work
504     practice act or other applicable State law, any Member State may participate with other
505     Member States in joint investigations of Licensees.
506          2. Member States shall share any investigative, litigation, or compliance materials in
507     furtherance of any joint or individual investigation initiated under the Compact.
508          G. If Adverse Action is taken by the Home State against the Multistate License of a
509     Regulated Social Worker, the Regulated Social Worker's Multistate Authorization to Practice
510     in all other Member States shall be deactivated until all Encumbrances have been removed
511     from the Multistate License. All Home State disciplinary orders that impose Adverse Action
512     against the license of a Regulated Social Worker shall include a statement that the Regulated
513     Social Worker's Multistate Authorization to Practice is deactivated in all Member States until
514     all conditions of the decision, order or agreement are satisfied.
515          H. If a Member State takes Adverse Action, it shall promptly notify the administrator of
516     the Data System. The administrator of the Data System shall promptly notify the Home State
517     and all other Member States of any Adverse Actions by Remote States.
518          I. Nothing in this Compact shall override a Member State's decision that participation in
519     an Alternative Program may be used in lieu of Adverse Action.
520          J. Nothing in this Compact shall authorize a Member State to demand the issuance of
521     subpoenas for attendance and testimony of witnesses or the production of evidence from
522     another Member State for lawful actions within that Member State.
523          K. Nothing in this Compact shall authorize a Member State to impose discipline against

524     a Regulated Social Worker who holds a Multistate Authorization to Practice for lawful actions
525     within another Member State.
526          Section 12. Section 58-60b-110 is enacted to read:
527          58-60b-110. Section 10 -- Establishment of Social Work Licensure Compact
528     Commission.
529          A. The Compact Member States hereby create and establish a joint government agency
530     whose membership consists of all member states that have enacted the compact known as the
531     Social Work Licensure Compact Commission. The Commission is an instrumentality of the
532     Compact States acting jointly and not an instrumentality of any one state. The Commission
533     shall come into existence on or after the effective date of the Compact as set forth in Section
534     14.
535          B. Membership, Voting, and Meetings
536          1. Each Member State shall have and be limited to one (1) delegate selected by that
537     Member State's Licensing Authority.
538          2. The delegate shall be either:
539          a. A current member of the State Licensing Authority at the time of appointment, who
540     is a Regulated Social Worker or public member of the Licensing Authority; or
541          b. An administrator of the Licensing Authority or their designee.
542          3. The Commission shall by Rule or bylaw establish a term of office for delegates and
543     may by Rule or bylaw establish term limits.
544          4. The Commission may recommend removal or suspension of any delegate from
545     office.
546          5. A Member State's Licensing Authority shall fill any vacancy of its delegate
547     occurring on the Commission within 60 days of the vacancy.
548          6. Each delegate shall be entitled to one vote on all matters before the Commission
549     requiring a vote by Commission delegates.
550          7. A delegate shall vote in person or by such other means as provided in the bylaws.
551     The bylaws may provide for delegates to meet by telecommunication, video conference or
552     other means of communication.
553          8. The Commission shall meet at least once during each calendar year. Additional
554     meetings may be held as set forth in the bylaws. The Commission may meet by

555     telecommunication, video conference or other similar electronic means.
556          C. The Commission shall have the following powers:
557          1. Establish the fiscal year of the Commission;
558          2. Establish code of conduct and conflict of interest policies;
559          3. Establish and amend Rules and bylaws;
560          4. Maintain its financial records in accordance with the bylaws;
561          5. Meet and take such actions as are consistent with the provisions of this Compact, the
562     Commission's Rules and the bylaws;
563          6. Initiate and conclude legal proceedings or actions in the name of the Commission,
564     provided that the standing of any Licensing Authority to sue or be sued under applicable law
565     shall not be affected;
566          7. Maintain and certify records and information provided to a Member State as the
567     authenticated business records of the Commission and designate an agent to do so on the
568     Commission's behalf;
569          8. Purchase and maintain insurance and bonds;
570          9. Borrow, accept, or contract for services of personnel, including, but not limited to,
571     employees of a Member State;
572          10. Conduct an annual financial review;
573          11. Hire employees, elect or appoint officers, fix compensation, define duties, grant
574     such individuals appropriate authority to carry out the purposes of the Compact, and establish
575     the Commission's personnel policies and programs relating to conflicts of interest,
576     qualifications of personnel, and other related personnel matters;
577          12. Assess and collect fees;
578          13. Accept any and all appropriate gifts, donations, grants of money, other sources of
579     revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the
580     same; provided that at all times the Commission shall avoid any appearance of impropriety or
581     conflict of interest;
582          14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or
583     mixed, or any undivided interest therein;
584          15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
585     any property real, personal, or mixed;

586          16. Establish a budget and make expenditures;
587          17. Borrow money;
588          18. Appoint committees, including standing committees, composed of members, State
589     regulators, State legislators or their representatives, and consumer representatives, and such
590     other interested persons as may be designated in this Compact and the bylaws;
591          19. Provide and receive information from, and cooperate with, law enforcement
592     agencies;
593          20. Establish and elect an Executive Committee, including a chair and a vice chair;
594          21. Determine whether a State's adopted language is materially different from the
595     model compact language such that the State would not qualify for participation in the Compact;
596     and
597          22. Perform such other functions as may be necessary or appropriate to achieve the
598     purposes of this Compact.
599          D. The Executive Committee
600          1. The Executive Committee shall have the power to act on behalf of the Commission
601     according to the terms of this Compact. The powers, duties, and responsibilities of the
602     Executive Committee shall include:
603          a. Oversee the day-to-day activities of the administration of the compact including
604     enforcement and compliance with the provisions of the compact, its Rules and bylaws, and
605     other such duties as deemed necessary;
606          b. Recommend to the Commission changes to the Rules or bylaws, changes to this
607     Compact legislation, fees charged to Compact Member States, fees charged to Licensees, and
608     other fees;
609          c. Ensure Compact administration services are appropriately provided, including by
610     contract;
611          d. Prepare and recommend the budget;
612          e. Maintain financial records on behalf of the Commission;
613          f. Monitor Compact compliance of Member States and provide compliance reports to
614     the Commission;
615          g. Establish additional committees as necessary;
616          h. Exercise the powers and duties of the Commission during the interim between

617     Commission meetings, except for adopting or amending Rules, adopting or amending bylaws,
618     and exercising any other powers and duties expressly reserved to the Commission by Rule or
619     bylaw; and
620          i. Other duties as provided in the Rules or bylaws of the Commission.
621          2. The Executive Committee shall be composed of up to eleven (11) members:
622          a. The chair and vice chair of the Commission shall be voting members of the
623     Executive Committee;
624          b. The Commission shall elect five voting members from the current membership of
625     the Commission;
626          c. Up to four (4) ex-officio, nonvoting members from four (4) recognized national
627     Social Work organizations; and
628          d. The ex-officio members will be selected by their respective organizations.
629          3. The Commission may remove any member of the Executive Committee as provided
630     in the Commission's bylaws.
631          4. The Executive Committee shall meet at least annually.
632          a. Executive Committee meetings shall be open to the public, except that the Executive
633     Committee may meet in a closed, non-public meeting as provided in subsection F.2 below.
634          b. The Executive Committee shall give seven (7) days' notice of its meetings, posted on
635     its website and as determined to provide notice to persons with an interest in the business of the
636     Commission.
637          c. The Executive Committee may hold a special meeting in accordance with subsection
638     F.1.b below.
639          E. The Commission shall adopt and provide to the Member States an annual report.
640          F. Meetings of the Commission
641          1. All meetings shall be open to the public, except that the Commission may meet in a
642     closed, non-public meeting as provided in subsection F.2 below.
643          a. Public notice for all meetings of the full Commission of meetings shall be given in
644     the same manner as required under the Rulemaking provisions in Section 12, except that the
645     Commission may hold a special meeting as provided in subsection F.1.b below.
646          b. The Commission may hold a special meeting when it must meet to conduct
647     emergency business by giving 48 hours' notice to all commissioners, on the Commission's

648     website, and other means as provided in the Commission's rules. The Commission's legal
649     counsel shall certify that the Commission's need to meet qualifies as an emergency.
650          2. The Commission or the Executive Committee or other committees of the
651     Commission may convene in a closed, non-public meeting for the Commission or Executive
652     Committee or other committees of the Commission to receive legal advice or to discuss:
653          a. Non-compliance of a Member State with its obligations under the Compact;
654          b. The employment, compensation, discipline or other matters, practices or procedures
655     related to specific employees;
656          c. Current or threatened discipline of a Licensee by the Commission or by a Member
657     State's Licensing Authority;
658          d. Current, threatened, or reasonably anticipated litigation;
659          e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
660     estate;
661          f. Accusing any person of a crime or formally censuring any person;
662          g. Trade secrets or commercial or financial information that is privileged or
663     confidential;
664          h. Information of a personal nature where disclosure would constitute a clearly
665     unwarranted invasion of personal privacy;
666          i. Investigative records compiled for law enforcement purposes;
667          j. Information related to any investigative reports prepared by or on behalf of or for use
668     of the Commission or other committee charged with responsibility of investigation or
669     determination of compliance issues pursuant to the Compact; or
670          k. Matters specifically exempted from disclosure by federal or Member State law; or
671          l. Other matters as promulgated by the Commission by Rule.
672          3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that
673     the meeting will be closed and reference each relevant exempting provision, and such reference
674     shall be recorded in the minutes.
675          4. The Commission shall keep minutes that fully and clearly describe all matters
676     discussed in a meeting and shall provide a full and accurate summary of actions taken, and the
677     reasons therefore, including a description of the views expressed. All documents considered in
678     connection with an action shall be identified in such minutes. All minutes and documents of a

679     closed meeting shall remain under seal, subject to release only by a majority vote of the
680     Commission or order of a court of competent jurisdiction.
681          G. Financing of the Commission
682          1. The Commission shall pay, or provide for the payment of, the reasonable expenses
683     of its establishment, organization, and ongoing activities.
684          2. The Commission may accept any and all appropriate revenue sources, as provided in
685     C(13).
686          3. The Commission may levy on and collect an annual assessment from each Member
687     State and impose fees on licensees of Member States to whom it grants a Multistate License to
688     cover the cost of the operations and activities of the Commission and its staff, which must be in
689     a total amount sufficient to cover its annual budget as approved each year for which revenue is
690     not provided by other sources. The aggregate annual assessment amount for Member States
691     shall be allocated based upon a formula that the Commission shall promulgate by Rule.
692          4. The Commission shall not incur obligations of any kind prior to securing the funds
693     adequate to meet the same; nor shall the Commission pledge the credit of any of the Member
694     States, except by and with the authority of the Member State.
695          5. The Commission shall keep accurate accounts of all receipts and disbursements. The
696     receipts and disbursements of the Commission shall be subject to the financial review and
697     accounting procedures established under its bylaws. However, all receipts and disbursements of
698     funds handled by the Commission shall be subject to an annual financial review by a certified
699     or licensed public accountant, and the report of the financial review shall be included in and
700     become part of the annual report of the Commission.
701          H. Qualified Immunity, Defense, and Indemnification
702          1. The members, officers, executive director, employees and representatives of the
703     Commission shall be immune from suit and liability, both personally and in their official
704     capacity, for any claim for damage to or loss of property or personal injury or other civil
705     liability caused by or arising out of any actual or alleged act, error or omission that occurred, or
706     that the person against whom the claim is made had a reasonable basis for believing occurred
707     within the scope of Commission employment, duties or responsibilities; provided that nothing
708     in this paragraph shall be construed to protect any such person from suit or liability for any
709     damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of

710     that person. The procurement of insurance of any type by the Commission shall not in any way
711     compromise or limit the immunity granted hereunder.
712          2. The Commission shall defend any member, officer, executive director, employee
713     and representative of the Commission in any civil action seeking to impose liability arising out
714     of any actual or alleged act, error, or omission that occurred within the scope of Commission
715     employment, duties, or responsibilities, or as determined by the Commission that the person
716     against whom the claim is made had a reasonable basis for believing occurred within the scope
717     of Commission employment, duties, or responsibilities; provided that nothing herein shall be
718     construed to prohibit that person from retaining their own counsel at their own expense; and
719     provided further, that the actual or alleged act, error, or omission did not result from that
720     person's intentional or willful or wanton misconduct.
721          3. The Commission shall indemnify and hold harmless any member, officer, executive
722     director, employee, and representative of the Commission for the amount of any settlement or
723     judgment obtained against that person arising out of any actual or alleged act, error, or
724     omission that occurred within the scope of Commission employment, duties, or
725     responsibilities, or that such person had a reasonable basis for believing occurred within the
726     scope of Commission employment, duties, or responsibilities, provided that the actual or
727     alleged act, error, or omission did not result from the intentional or willful or wanton
728     misconduct of that person.
729          4. Nothing herein shall be construed as a limitation on the liability of any licensee for
730     professional malpractice or misconduct, which shall be governed solely by any other applicable
731     State laws.
732          5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a
733     Member State's state action immunity or state action affirmative defense with respect to
734     antitrust claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or
735     anticompetitive law or regulation.
736          6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by
737     the Member States or by the Commission.
738          Section 13. Section 58-60b-111 is enacted to read:
739          58-60b-111. Section 11 -- Data System.
740          A. The Commission shall provide for the development, maintenance, operation, and

741     utilization of a coordinated Data System.
742          B. The Commission shall assign each applicant for a Multistate License a unique
743     identifier, as determined by the Rules of the Commission.
744          C. Notwithstanding any other provision of State law to the contrary, a Member State
745     shall submit a uniform data set to the Data System on all individuals to whom this Compact is
746     applicable as required by the Rules of the Commission, including:
747          1. Identifying information;
748          2. Licensure data;
749          3. Adverse Actions against a license and information related thereto;
750          4. Non-confidential information related to Alternative Program participation, the
751     beginning and ending dates of such participation, and other information related to such
752     participation not made confidential under Member State law;
753          5. Any denial of application for licensure, and the reason(s) for such denial;
754          6. The presence of Current Significant Investigative Information; and
755          7. Other information that may facilitate the administration of this Compact or the
756     protection of the public, as determined by the Rules of the Commission.
757          D. The records and information provided to a Member State pursuant to this Compact
758     or through the Data System, when certified by the Commission or an agent thereof, shall
759     constitute the authenticated business records of the Commission, and shall be entitled to any
760     associated hearsay exception in any relevant judicial, quasi-judicial or administrative
761     proceedings in a Member State.
762          E. Current Significant Investigative Information pertaining to a Licensee in any
763     Member State will only be available to other Member States.
764          1. It is the responsibility of the Member States to report any Adverse Action against a
765     Licensee and to monitor the database to determine whether Adverse Action has been taken
766     against a Licensee. Adverse Action information pertaining to a Licensee in any Member State
767     will be available to any other Member State.
768          F. Member States contributing information to the Data System may designate
769     information that may not be shared with the public without the express permission of the
770     contributing State.
771          G. Any information submitted to the Data System that is subsequently expunged

772     pursuant to federal law or the laws of the Member State contributing the information shall be
773     removed from the Data System.
774          Section 14. Section 58-60b-112 is enacted to read:
775          58-60b-112. Section 12 -- Rulemaking.
776          A. The Commission shall promulgate reasonable Rules in order to effectively and
777     efficiently implement and administer the purposes and provisions of the Compact. A Rule shall
778     be invalid and have no force or effect only if a court of competent jurisdiction holds that the
779     Rule is invalid because the Commission exercised its rulemaking authority in a manner that is
780     beyond the scope and purposes of the Compact, or the powers granted hereunder, or based
781     upon another applicable standard of review.
782          B. The Rules of the Commission shall have the force of law in each Member State,
783     provided however that where the Rules of the Commission conflict with the laws of the
784     Member State that establish the Member State's laws, regulations, and applicable standards that
785     govern the practice of Social Work as held by a court of competent jurisdiction, the Rules of
786     the Commission shall be ineffective in that State to the extent of the conflict.
787          C. The Commission shall exercise its Rulemaking powers pursuant to the criteria set
788     forth in this Section and the Rules adopted thereunder. Rules shall become binding on the day
789     following adoption or the date specified in the Rule or amendment, whichever is later.
790          D. If a majority of the legislatures of the Member States rejects a Rule or portion of a
791     Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact
792     within four (4) years of the date of adoption of the Rule, then such Rule shall have no further
793     force and effect in any Member State.
794          E. Rules shall be adopted at a regular or special meeting of the Commission.
795          F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing
796     and allow persons to provide oral and written comments, data, facts, opinions, and arguments.
797          G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30)
798     days in advance of the meeting at which the Commission will hold a public hearing on the
799     proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:
800          1. On the website of the Commission or other publicly accessible platform;
801          2. To persons who have requested notice of the Commission's notices of proposed
802     rulemaking; and

803          3. In such other way(s) as the Commission may by Rule specify.
804          H. The Notice of Proposed Rulemaking shall include:
805          1. The time, date, and location of the public hearing at which the Commission will hear
806     public comments on the proposed Rule and, if different, the time, date, and location of the
807     meeting where the Commission will consider and vote on the proposed rule;
808          2. If the hearing is held via telecommunication, video conference, or other electronic
809     means, the Commission shall include the mechanism for access to the hearing in the Notice of
810     Proposed Rulemaking;
811          3. The text of the proposed Rule and the reason therefor;
812          4. A request for comments on the proposed Rule from any interested person; and
813          5. The manner in which interested persons may submit written comments.
814          I. All hearings will be recorded. A copy of the recording and all written comments and
815     documents received by the Commission in response to the proposed Rule shall be available to
816     the public.
817          J. Nothing in this section shall be construed as requiring a separate hearing on each
818     Rule. Rules may be grouped for the convenience of the Commission at hearings required by
819     this section.
820          K. The Commission shall, by majority vote of all members, take final action on the
821     proposed Rule based on the Rulemaking record and the full text of the Rule.
822          1. The Commission may adopt changes to the proposed Rule provided the changes do
823     not enlarge the original purpose of the proposed Rule.
824          2. The Commission shall provide an explanation of the reasons for substantive changes
825     made to the proposed Rule as well as reasons for substantive changes not made that were
826     recommended by commenters.
827          3. The Commission shall determine a reasonable effective date for the Rule. Except for
828     an emergency as provided in Section 12.L, the effective date of the Rule shall be no sooner
829     than 30 days after issuing the notice that it adopted or amended the Rule.
830          L. Upon determination that an emergency exists, the Commission may consider and
831     adopt an emergency Rule with 48 hours' notice, with opportunity to comment, provided that the
832     usual Rulemaking procedures provided in the Compact and in this section shall be retroactively
833     applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after

834     the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that
835     must be adopted immediately in order to:
836          1. Meet an imminent threat to public health, safety, or welfare;
837          2. Prevent a loss of Commission or Member State funds;
838          3. Meet a deadline for the promulgation of a Rule that is established by federal law or
839     rule; or
840          4. Protect public health and safety.
841          M. The Commission or an authorized committee of the Commission may direct
842     revisions to a previously adopted Rule for purposes of correcting typographical errors, errors in
843     format, errors in consistency, or grammatical errors. Public notice of any revisions shall be
844     posted on the website of the Commission. The revision shall be subject to challenge by any
845     person for a period of thirty (30) days after posting. The revision may be challenged only on
846     grounds that the revision results in a material change to a Rule. A challenge shall be made in
847     writing and delivered to the Commission prior to the end of the notice period. If no challenge is
848     made, the revision will take effect without further action. If the revision is challenged, the
849     revision may not take effect without the approval of the Commission.
850          N. No Member State's rulemaking requirements shall apply under this compact.
851          Section 15. Section 58-60b-113 is enacted to read:
852          58-60b-113. Section 13 -- Oversight, dispute resolution, and enforcement.
853          A. Oversight
854          1. The executive and judicial branches of State government in each Member State shall
855     enforce this Compact and take all actions necessary and appropriate to implement the Compact.
856          2. Except as otherwise provided in this Compact, venue is proper and judicial
857     proceedings by or against the Commission shall be brought solely and exclusively in a court of
858     competent jurisdiction where the principal office of the Commission is located. The
859     Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to
860     participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the
861     selection or propriety of venue in any action against a Licensee for professional malpractice,
862     misconduct or any such similar matter.
863          3. The Commission shall be entitled to receive service of process in any proceeding
864     regarding the enforcement or interpretation of the Compact and shall have standing to intervene

865     in such a proceeding for all purposes. Failure to provide the Commission service of process
866     shall render a judgment or order void as to the Commission, this Compact, or promulgated
867     Rules.
868          B. Default, Technical Assistance, and Termination
869          1. If the Commission determines that a Member State has defaulted in the performance
870     of its obligations or responsibilities under this Compact or the promulgated Rules, the
871     Commission shall provide written notice to the defaulting State. The notice of default shall
872     describe the default, the proposed means of curing the default, and any other action that the
873     Commission may take, and shall offer training and specific technical assistance regarding the
874     default.
875          2. The Commission shall provide a copy of the notice of default to the other Member
876     States.
877          C. If a State in default fails to cure the default, the defaulting State may be terminated
878     from the Compact upon an affirmative vote of a majority of the delegates of the Member
879     States, and all rights, privileges and benefits conferred on that State by this Compact may be
880     terminated on the effective date of termination. A cure of the default does not relieve the
881     offending State of obligations or liabilities incurred during the period of default.
882          D. Termination of membership in the Compact shall be imposed only after all other
883     means of securing compliance have been exhausted. Notice of intent to suspend or terminate
884     shall be given by the Commission to the governor, the majority and minority leaders of the
885     defaulting State's legislature, the defaulting State's State Licensing Authority and each of the
886     Member States' Licensing Authority.
887          E. A State that has been terminated is responsible for all assessments, obligations, and
888     liabilities incurred through the effective date of termination, including obligations that extend
889     beyond the effective date of termination.
890          F. Upon the termination of a State's membership from this Compact, that State shall
891     immediately provide notice to all Licensees within that State of such termination. The
892     terminated State shall continue to recognize all licenses granted pursuant to this Compact for a
893     minimum of six (6) months after the date of said notice of termination.
894          G. The Commission shall not bear any costs related to a State that is found to be in
895     default or that has been terminated from the Compact, unless agreed upon in writing between

896     the Commission and the defaulting State.
897          H. The defaulting State may appeal the action of the Commission by petitioning the
898     U.S. District Court for the District of Columbia or the federal district where the Commission
899     has its principal offices. The prevailing party shall be awarded all costs of such litigation,
900     including reasonable attorney's fees.
901          I. Dispute Resolution
902          1. Upon request by a Member State, the Commission shall attempt to resolve disputes
903     related to the Compact that arise among Member States and between Member and non-Member
904     States.
905          2. The Commission shall promulgate a Rule providing for both mediation and binding
906     dispute resolution for disputes as appropriate.
907          J. Enforcement
908          1. By majority vote as provided by Rule, the Commission may initiate legal action
909     against a Member State in default in the United States District Court for the District of
910     Columbia or the federal district where the Commission has its principal offices to enforce
911     compliance with the provisions of the Compact and its promulgated Rules. The relief sought
912     may include both injunctive relief and damages. In the event judicial enforcement is necessary,
913     the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's
914     fees. The remedies herein shall not be the exclusive remedies of the Commission. The
915     Commission may pursue any other remedies available under federal or the defaulting Member
916     State's law.
917          2. A Member State may initiate legal action against the Commission in the U.S.
918     District Court for the District of Columbia or the federal district where the Commission has its
919     principal offices to enforce compliance with the provisions of the Compact and its promulgated
920     Rules. The relief sought may include both injunctive relief and damages. In the event judicial
921     enforcement is necessary, the prevailing party shall be awarded all costs of such litigation,
922     including reasonable attorney's fees.
923          3. No person other than a Member State shall enforce this compact against the
924     Commission.
925          Section 16. Section 58-60b-114 is enacted to read:
926          58-60b-114. Section 14 -- Effective date, withdrawal, and amendment.

927          A. The Compact shall come into effect on the date on which the Compact statute is
928     enacted into law in the seventh Member State.
929          1. On or after the effective date of the Compact, the Commission shall convene and
930     review the enactment of each of the first seven Member States ("Charter Member States") to
931     determine if the statute enacted by each such Charter Member State is materially different than
932     the model Compact statute.
933          a. A Charter Member State whose enactment is found to be materially different from
934     the model Compact statute shall be entitled to the default process set forth in Section 13.
935          b. If any Member State is later found to be in default, or is terminated or withdraws
936     from the Compact, the Commission shall remain in existence and the Compact shall remain in
937     effect even if the number of Member States should be less than seven.
938          2. Member States enacting the Compact subsequent to the seven initial Charter Member
939     States shall be subject to the process set forth in Section 10(C)(21) to determine if their
940     enactments are materially different from the model Compact statute and whether they qualify
941     for participation in the Compact.
942          3. All actions taken for the benefit of the Commission or in furtherance of the purposes
943     of the administration of the Compact prior to the effective date of the Compact or the
944     Commission coming into existence shall be considered to be actions of the Commission unless
945     specifically repudiated by the Commission.
946          4. Any State that joins the Compact subsequent to the Commission's initial adoption of
947     the Rules and bylaws shall be subject to the Rules and bylaws as they exist on the date on
948     which the Compact becomes law in that State. Any Rule that has been previously adopted by
949     the Commission shall have the full force and effect of law on the day the Compact becomes
950     law in that State.
951          B. Any Member State may withdraw from this Compact by enacting a statute repealing
952     the same.
953          1. A Member State's withdrawal shall not take effect until 180 days after enactment of
954     the repealing statute.
955          2. Withdrawal shall not affect the continuing requirement of the withdrawing State's
956     Licensing Authority to comply with the investigative and Adverse Action reporting
957     requirements of this Compact prior to the effective date of withdrawal.

958          3. Upon the enactment of a statute withdrawing from this compact, a State shall
959     immediately provide notice of such withdrawal to all Licensees within that State.
960     Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing State
961     shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180
962     days after the date of such notice of withdrawal.
963          C. Nothing contained in this Compact shall be construed to invalidate or prevent any
964     licensure agreement or other cooperative arrangement between a Member State and a
965     non-Member State that does not conflict with the provisions of this Compact.
966          D. This Compact may be amended by the Member States. No amendment to this
967     Compact shall become effective and binding upon any Member State until it is enacted into the
968     laws of all Member States.
969          Section 17. Section 58-60b-115 is enacted to read:
970          58-60b-115. Section 15 -- Construction and severability.
971          A. This Compact and the Commission's rulemaking authority shall be liberally
972     construed so as to effectuate the purposes, and the implementation and administration of the
973     Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of
974     Rules shall not be construed to limit the Commission's rulemaking authority solely for those
975     purposes.
976          B. The provisions of this Compact shall be severable and if any phrase, clause,
977     sentence or provision of this Compact is held by a court of competent jurisdiction to be
978     contrary to the constitution of any Member State, a State seeking participation in the Compact,
979     or of the United States, or the applicability thereof to any government, agency, person or
980     circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of
981     the remainder of this Compact and the applicability thereof to any other government, agency,
982     person or circumstance shall not be affected thereby.
983          C. Notwithstanding subsection B of this section, the Commission may deny a State's
984     participation in the Compact or, in accordance with the requirements of Section 13.B, terminate
985     a Member State's participation in the Compact, if it determines that a constitutional
986     requirement of a Member State is a material departure from the Compact. Otherwise, if this
987     Compact shall be held to be contrary to the constitution of any Member State, the Compact
988     shall remain in full force and effect as to the remaining Member States and in full force and

989     effect as to the Member State affected as to all severable matters.
990          Section 18. Section 58-60b-116 is enacted to read:
991          58-60b-116. Section 16 -- Consistent effect and conflict with other state laws.
992          A. A Licensee providing services in a Remote State under a Multistate Authorization
993     to Practice shall adhere to the laws and regulations, including laws, regulations, and applicable
994     standards, of the Remote State where the client is located at the time care is rendered.
995          B. Nothing herein shall prevent or inhibit the enforcement of any other law of a
996     Member State that is not inconsistent with the Compact.
997          C. Any laws, statutes, regulations, or other legal requirements in a Member State in
998     conflict with the Compact are superseded to the extent of the conflict.
999          D. All permissible agreements between the Commission and the Member States are
1000     binding in accordance with their terms.
1001          Section 19. Section 58-60b-201 is enacted to read:
1002     
Part 2. Division Implementation

1003          58-60b-201. Rulemaking authority -- State authority over scope of practice.
1004          (1) The division may make rules in accordance with Title 63G, Chapter 3, Utah
1005     Administrative Rulemaking Act, to implement this chapter.
1006          (2) Notwithstanding any provision in Sections 58-60b-101 through 58-60b-114,
1007     Sections 58-60b-101 through 58-60b-114 do not supersede state law related to an individual's
1008     scope of practice under this title.
1009          Section 20. Effective date.
1010          This bill takes effect on May 1, 2024.