H.F. 2512 Section 1. NEW SECTION . 147I.1 Social work licensure 1 compact. 2 1. Purpose. The purpose of this compact is to facilitate 3 interstate practice of regulated social workers by improving 4 public access to competent social work services. The compact 5 preserves the regulatory authority of states to protect 6 public health and safety through the current system of state 7 licensure. The compact is designed to achieve the following 8 objectives: 9 a. Increase public access to social work services. 10 b. Reduce overly burdensome and duplicative requirements 11 associated with holding multiple licenses. 12 c. Enhance the member states’ ability to protect the 13 public’s health and safety. 14 d. Encourage the cooperation of member states in regulating 15 multistate practice. 16 e. Promote mobility and address workforce shortages by 17 eliminating the necessity for licenses in multiple states by 18 providing for the mutual recognition of other member state 19 licenses. 20 f. Support military families. 21 g. Facilitate the exchange of licensure and disciplinary 22 information among member states. 23 h. Authorize all member states to hold a regulated social 24 worker accountable for abiding by a member state’s laws, 25 regulations, and applicable professional standards in the 26 member state in which the client is located at the time care is 27 rendered. 28 i. Allow for the use of telehealth to facilitate increased 29 access to regulated social work services. 30 2. Definitions. As used in this compact, and except as 31 otherwise provided, the following definitions shall apply: 32 a. “Active military member” means any individual with 33 full-time duty status in the active armed forces of the United 34 States including members of the national guard and reserve. 35 -1- LSB 5204HV (2) 90 ss/ko 1/ 34

H.F. 2512 b. “Adverse action” means any administrative, civil, 1 equitable, or criminal action permitted by a state’s laws 2 which is imposed by a licensing authority or other authority 3 against a regulated social worker, including actions against an 4 individual’s license or multistate authorization to practice 5 such as revocation, suspension, probation, monitoring of the 6 licensee, limitation on the licensee’s practice, or any other 7 encumbrance on licensure affecting a regulated social worker’s 8 authorization to practice, including issuance of a cease and 9 desist action. 10 c. “Alternative program” means a nondisciplinary monitoring 11 or practice remediation process approved by a licensing 12 authority to address practitioners with an impairment. 13 d. “Charter member states” means member states who 14 have enacted legislation to adopt this compact where such 15 legislation predates the effective date of this compact as 16 described in subsection 14. 17 e. “Compact commission” or “commission” means the government 18 agency whose membership consists of all states that have 19 enacted this compact, which is known as the social work 20 licensure compact commission, as described in subsection 10, 21 and which shall operate as an instrumentality of the member 22 states. 23 f. “Current significant investigative information” means any 24 of the following: 25 (1) Investigative information that a licensing authority, 26 after a preliminary inquiry that includes notification and an 27 opportunity for the regulated social worker to respond, has 28 reason to believe is not groundless and, if proved true, would 29 indicate more than a minor infraction as may be defined by the 30 commission. 31 (2) Investigative information that indicates that the 32 regulated social worker represents an immediate threat to 33 public health and safety, as may be defined by the commission, 34 regardless of whether the regulated social worker has been 35 -2- LSB 5204HV (2) 90 ss/ko 2/ 34

H.F. 2512 notified and has had an opportunity to respond. 1 g. “Data system” means a repository of information about 2 licensees, including continuing education, examination, 3 licensure, current significant investigative information, 4 disqualifying event, multistate license, and adverse 5 action information, or other information as required by the 6 commission. 7 h. “Disqualifying event” means any adverse action or 8 incident which results in an encumbrance that disqualifies or 9 makes the licensee ineligible to either obtain, retain, or 10 renew a multistate license. 11 i. “Domicile” means the jurisdiction in which the licensee 12 resides and intends to remain indefinitely. 13 j. “Encumbrance” means a revocation or suspension of, or 14 any limitation on, the full and unrestricted practice of social 15 work licensed and regulated by a licensing authority. 16 k. “Executive committee” means a group of delegates elected 17 or appointed to act on behalf of, and within the powers granted 18 to them by, the compact and commission. 19 l. “Home state” means the member state that is the 20 licensee’s primary domicile. 21 m. “Impairment” means a condition that may impair a 22 practitioner’s ability to engage in full and unrestricted 23 practice as a regulated social worker without some type of 24 intervention and may include alcohol and drug dependence, 25 mental health impairment, and neurological or physical 26 impairments. 27 n. “Licensee” means an individual who currently holds a 28 license from a state to practice as a regulated social worker. 29 o. “Licensing authority” means the board or agency of 30 a member state, or equivalent, that is responsible for the 31 licensing and regulation of regulated social workers. 32 p. “Member state” means a state, commonwealth, district, or 33 territory of the United States that has enacted this compact. 34 q. “Multistate authorization to practice” means a legally 35 -3- LSB 5204HV (2) 90 ss/ko 3/ 34

H.F. 2512 authorized privilege to practice, which is equivalent to a 1 license, associated with a multistate license permitting the 2 practice of social work in a remote state. 3 r. “Multistate license” means a license to practice as 4 a regulated social worker issued by a home state licensing 5 authority that authorizes the regulated social worker to 6 practice in all member states under multistate authorization 7 to practice. 8 s. “Qualifying national exam” means a national licensing 9 examination approved by the commission. 10 t. “Regulated social worker” means any clinical, master’s, 11 or bachelor’s social worker licensed by a member state 12 regardless of the title used by that member state. 13 u. “Remote state” means a member state other than the 14 licensee’s home state. 15 v. “Rule” or “rule of the commission” means a regulation or 16 regulations duly promulgated by the commission, as authorized 17 by the compact, that has the force of law. 18 w. “Single state license” means a social work license issued 19 by any state that authorizes practice only within the issuing 20 state and does not include multistate authorization to practice 21 in any member state. 22 x. “Social work” or “social work services” means the 23 application of social work theory, knowledge, methods, ethics, 24 and the professional use of self to restore or enhance social, 25 psychosocial, or biopsychosocial functioning of individuals, 26 couples, families, groups, organizations, and communities 27 through the care and services provided by a regulated social 28 worker as set forth in the member state’s statutes and 29 regulations in the state where the services are being provided. 30 y. “State” means any state, commonwealth, district, or 31 territory of the United States that regulates the practice of 32 social work. 33 z. “Unencumbered license” means a license that authorizes a 34 regulated social worker to engage in the full and unrestricted 35 -4- LSB 5204HV (2) 90 ss/ko 4/ 34

H.F. 2512 practice of social work. 1 3. State participation in the compact. 2 a. To be eligible to participate in the compact, a potential 3 member state must currently meet all of the following: 4 (1) License and regulate the practice of social work at 5 either the clinical, master’s, or bachelor’s category. 6 (2) Require applicants for licensure to graduate from a 7 program that is all of the following: 8 (a) Operated by a college or university recognized by the 9 licensing authority. 10 (b) Accredited, or in candidacy by an institution that 11 subsequently becomes accredited, by an accrediting agency 12 recognized by either of the following: 13 (i) The council on higher education accreditation or its 14 successor. 15 (ii) The United States department of education. 16 (c) Corresponding to the licensure sought under subsection 17 4. 18 (3) Require applicants for clinical licensure to complete a 19 period of supervised practice. 20 (4) Have a mechanism in place for receiving, investigating, 21 and adjudicating complaints about licensees. 22 b. To maintain membership in the compact, a member state 23 shall do all of the following: 24 (1) Require that applicants for a multistate license pass 25 a qualifying national exam for the corresponding category of 26 multistate license sought under subsection 4. 27 (2) Participate fully in the commission’s data system, 28 including using the commission’s unique identifier as defined 29 in rules. 30 (3) Notify the commission, in compliance with the terms 31 of the compact and rules, of any adverse action or the 32 availability of current significant investigative information 33 regarding a licensee. 34 (4) Implement procedures for considering the criminal 35 -5- LSB 5204HV (2) 90 ss/ko 5/ 34

H.F. 2512 history records of applicants for a multistate license. Such 1 procedures shall include the submission of fingerprints or 2 other biometric-based information by applicants for the purpose 3 of obtaining an applicant’s criminal history record information 4 from the federal bureau of investigation and the agency 5 responsible for retaining that state’s criminal records. 6 (5) Comply with the rules of the commission. 7 (6) Require an applicant to obtain or retain a license 8 in the home state and meet the home state’s qualifications 9 for licensure or renewal of licensure, as well as all other 10 applicable home state laws. 11 (7) Authorize a licensee holding a multistate license in any 12 member state to practice in accordance with the terms of the 13 compact and the rules of the commission. 14 (8) Designate a delegate to participate in the commission 15 meetings. 16 c. A member state meeting the requirements of subsection 17 3, paragraphs “a” and “b” , shall designate the categories of 18 social work licensure that are eligible for issuance of a 19 multistate license for applicants in such member state. To the 20 extent that any member state does not meet the requirements 21 for participation in the compact at any particular category of 22 social work licensure, such member state may choose, but is not 23 obligated to, issue a multistate license to applicants that 24 otherwise meet the requirements of subsection 4 for issuance 25 of a multistate license in such category or categories of 26 licensure. 27 d. The home state may charge a fee for granting the 28 multistate license. 29 4. Social worker participation in the compact. 30 a. To be eligible for a multistate license under the terms 31 and provisions of the compact, an applicant, regardless of 32 category, must do all of the following: 33 (1) Hold or be eligible for an active, unencumbered license 34 in the home state. 35 -6- LSB 5204HV (2) 90 ss/ko 6/ 34

H.F. 2512 (2) Pay any applicable fees, including any state fee, for 1 the multistate license. 2 (3) Submit, in connection with an application for a 3 multistate license, fingerprints or other biometric data for 4 the purpose of obtaining criminal history record information 5 from the federal bureau of investigation and the agency 6 responsible for retaining that state’s criminal records. 7 (4) Notify the home state of any adverse action, 8 encumbrance, or restriction on any professional license taken 9 by any member state or nonmember state within thirty days from 10 the date the action is taken. 11 (5) Meet any continuing competence requirements established 12 by the home state. 13 (6) Abide by the laws, regulations, and applicable 14 standards in the member state where the client is located at 15 the time care is rendered. 16 b. An applicant for a clinical-category multistate license 17 must meet all of the following requirements: 18 (1) Fulfill a competency requirement, which shall be 19 satisfied by any of the following: 20 (a) Passage of a clinical-category qualifying national 21 exam. 22 (b) Licensure of the applicant in the applicant’s home 23 state at the clinical category, beginning prior to such time 24 as a qualifying national exam was required by the home state 25 and accompanied by a period of continuous social work licensure 26 thereafter, all of which may be further governed by the rules 27 of the commission. 28 (c) The substantial equivalency of the foregoing competency 29 requirements which the commission may determine by rule. 30 (2) Attain at least a master’s degree in social work from a 31 program that is all of the following: 32 (a) Operated by a college or university recognized by the 33 licensing authority. 34 (b) Accredited, or in candidacy that subsequently becomes 35 -7- LSB 5204HV (2) 90 ss/ko 7/ 34

H.F. 2512 accredited, by an accrediting agency recognized by either of 1 the following: 2 (i) The council for higher education accreditation or its 3 successor. 4 (ii) The United States department of education. 5 (3) Fulfill a practice requirement, which shall be 6 satisfied by demonstrating completion of any of the following: 7 (a) A period of postgraduate supervised clinical practice 8 equal to a minimum of three thousand hours. 9 (b) A minimum of two years of full-time postgraduate 10 supervised clinical practice. 11 (c) The substantial equivalency of the foregoing practice 12 requirements which the commission may determine by rule. 13 c. An applicant for a master’s-category multistate license 14 must meet all of the following requirements: 15 (1) Fulfill a competency requirement, which shall be 16 satisfied by any of the following: 17 (a) Passage of a master’s-category qualifying national 18 exam. 19 (b) Licensure of the applicant in the applicant’s home state 20 at the master’s category, beginning prior to such time as a 21 qualifying national exam was required by the home state at the 22 master’s category and accompanied by a continuous period of 23 social work licensure thereafter, all of which may be further 24 governed by the rules of the commission. 25 (c) The substantial equivalency of the foregoing competency 26 requirements which the commission may determine by rule. 27 (2) Attain at least a master’s degree in social work from a 28 program that is all of the following: 29 (a) Operated by a college or university recognized by the 30 licensing authority. 31 (b) Accredited, or in candidacy that subsequently becomes 32 accredited, by an accrediting agency recognized by either of 33 the following: 34 (i) The council for higher education accreditation or its 35 -8- LSB 5204HV (2) 90 ss/ko 8/ 34

H.F. 2512 successor. 1 (ii) The United States department of education. 2 d. An applicant for a bachelor’s-category multistate license 3 must meet all of the following requirements: 4 (1) Fulfill a competency requirement, which shall be 5 satisfied by any of the following: 6 (a) Passage of a bachelor’s-category qualifying national 7 exam. 8 (b) Licensure of the applicant in the applicant’s home 9 state at the bachelor’s category, beginning prior to such time 10 as a qualifying national exam was required by the home state 11 and accompanied by a period of continuous social work licensure 12 thereafter, all of which may be further governed by the rules 13 of the commission. 14 (c) The substantial equivalency of the foregoing competency 15 requirements which the commission may determine by rule. 16 (2) Attain at least a bachelor’s degree in social work from 17 a program that is all of the following: 18 (a) Operated by a college or university recognized by the 19 licensing authority. 20 (b) Accredited, or in candidacy that subsequently becomes 21 accredited, by an accrediting agency recognized by either of 22 the following: 23 (i) The council for higher education accreditation or its 24 successor. 25 (ii) The United States department of education. 26 e. The multistate license for a regulated social worker is 27 subject to the renewal requirements of the home state. The 28 regulated social worker must maintain compliance with the 29 requirements of subsection 4, paragraph “a” , to be eligible to 30 renew a multistate license. 31 f. The regulated social worker’s services in a remote state 32 are subject to that member state’s regulatory authority. A 33 remote state may, in accordance with due process and that 34 member state’s laws, remove a regulated social worker’s 35 -9- LSB 5204HV (2) 90 ss/ko 9/ 34

H.F. 2512 multistate authorization to practice in the remote state for 1 a specific period of time, impose fines, and take any other 2 necessary actions to protect the health and safety of its 3 citizens. 4 g. If a multistate license is encumbered, the regulated 5 social worker’s multistate authorization to practice shall be 6 deactivated in all remote states until the multistate license 7 is no longer encumbered. 8 h. If a multistate authorization to practice is encumbered 9 in a remote state, the regulated social worker’s multistate 10 authorization to practice may be deactivated in that state 11 until the multistate authorization to practice is no longer 12 encumbered. 13 5. Issuance of a multistate license. 14 a. Upon receipt of an application for a multistate license, 15 the home state licensing authority shall determine the 16 applicant’s eligibility for a multistate license in accordance 17 with subsection 4 of this compact. 18 b. If such applicant is eligible pursuant to subsection 19 4 of this compact, the home state licensing authority shall 20 issue a multistate license that authorizes the applicant or 21 regulated social worker to practice in all member states under 22 a multistate authorization to practice. 23 c. Upon issuance of a multistate license, the home state 24 licensing authority shall designate whether the regulated 25 social worker holds a multistate license in the bachelor’s, 26 master’s, or clinical category of social work. 27 d. A multistate license issued by a home state to a resident 28 in that state shall be recognized by all compact member 29 states as authorizing social work practice under a multistate 30 authorization to practice corresponding to each category of 31 licensure regulated in each member state. 32 6. Authority of interstate compact commission and member 33 state licensing authorities. 34 a. Nothing in this compact, nor any rule of the commission, 35 -10- LSB 5204HV (2) 90 ss/ko 10/ 34

H.F. 2512 shall be construed to limit, restrict, or in any way reduce 1 the ability of a member state to enact and enforce laws, 2 regulations, or other rules related to the practice of social 3 work in that state, where those laws, regulations, or other 4 rules are not inconsistent with the provisions of this compact. 5 b. Nothing in this compact shall affect the requirements 6 established by a member state for the issuance of a single 7 state license. 8 c. Nothing in this compact, nor any rule of the commission, 9 shall be construed to limit, restrict, or in any way reduce 10 the ability of a member state to take adverse action against a 11 licensee’s single state license to practice social work in that 12 state. 13 d. Nothing in this compact, nor any rule of the commission, 14 shall be construed to limit, restrict, or in any way reduce 15 the ability of a remote state to take adverse action against a 16 licensee’s multistate authorization to practice in that state. 17 e. Nothing in this compact, nor any rule of the commission, 18 shall be construed to limit, restrict, or in any way reduce 19 the ability of a licensee’s home state to take adverse action 20 against a licensee’s multistate license based upon information 21 provided by a remote state. 22 7. Reissuance of a multistate license by a new home state. 23 a. A licensee can hold a multistate license, issued by the 24 licensee’s home state, in only one member state at any given 25 time. 26 b. If a licensee changes the licensee’s home state by moving 27 between two member states: 28 (1) The licensee shall immediately apply for the reissuance 29 of the licensee’s multistate license in the licensee’s new 30 home state. The licensee shall pay all applicable fees and 31 notify the prior home state in accordance with the rules of the 32 commission. 33 (2) Upon receipt of an application to reissue a multistate 34 license, the new home state shall verify that the multistate 35 -11- LSB 5204HV (2) 90 ss/ko 11/ 34

H.F. 2512 license is active, unencumbered, and eligible for reissuance 1 under the terms of the compact and the rules of the commission. 2 The multistate license issued by the prior home state will be 3 deactivated and all member states notified in accordance with 4 the applicable rules adopted by the commission. 5 (3) Prior to the reissuance of the multistate license, the 6 new home state shall conduct procedures for considering the 7 criminal history records of the licensee. Such procedures 8 shall include the submission of fingerprints or other 9 biometric-based information by applicants for the purpose of 10 obtaining an applicant’s criminal history record information 11 from the federal bureau of investigation and the agency 12 responsible for retaining that state’s criminal records. 13 (4) If required for initial licensure, the new home state 14 may require completion of jurisprudence requirements in the new 15 home state. 16 (5) Notwithstanding any other provision of this compact, 17 if a licensee does not meet the requirements set forth in this 18 compact for the reissuance of a multistate license by the new 19 home state, then the licensee shall be subject to the new home 20 state requirements for the issuance of a single state license 21 in that state. 22 c. If a licensee changes the licensee’s primary state of 23 residence by moving from a member state to a nonmember state, 24 or from a nonmember state to a member state, then the licensee 25 shall be subject to the state requirements for the issuance of 26 a single state license in the new home state. 27 d. Nothing in this compact shall interfere with a licensee’s 28 ability to hold a single state license in multiple states; 29 however, for the purposes of this compact, a licensee shall 30 have only one home state, and only one multistate license. 31 e. Nothing in this compact shall interfere with the 32 requirements established by a member state for the issuance of 33 a single state license. 34 8. Military families. An active military member or the 35 -12- LSB 5204HV (2) 90 ss/ko 12/ 34

H.F. 2512 active military member’s spouse shall designate a home state 1 where the individual has a multistate license. The individual 2 may retain the individual’s home state designation during the 3 period the service member is on active duty. 4 9. Adverse actions. 5 a. In addition to the other powers conferred by state law, 6 a remote state shall have the authority, in accordance with 7 existing state due process law, to do all of the following: 8 (1) Take adverse action against a regulated social worker’s 9 multistate authorization to practice only within that member 10 state, and issue subpoenas for both hearings and investigations 11 that require the attendance and testimony of witnesses as well 12 as the production of evidence. Subpoenas issued by a licensing 13 authority in a member state for the attendance and testimony 14 of witnesses, or for the production of evidence from another 15 member state, shall be enforced in the latter state by any 16 court of competent jurisdiction according to the practice and 17 procedure of that court applicable to subpoenas issued in 18 proceedings pending before it. The issuing licensing authority 19 shall pay any witness fees, travel expenses, mileage, and other 20 fees required by the service statutes of the state in which the 21 witnesses or evidence are located. 22 (2) Only the home state shall have the power to take adverse 23 action against a regulated social worker’s multistate license. 24 b. For purposes of taking adverse action, the home state 25 shall give the same priority and effect to reported conduct 26 received from a member state as it would if the conduct had 27 occurred within the home state. In so doing, the home state 28 shall apply its own state laws to determine appropriate action. 29 c. The home state shall complete any pending investigations 30 of a regulated social worker who changes the regulated social 31 worker’s home state during the course of the investigations. 32 The home state shall also have the authority to take 33 appropriate action and shall promptly report the conclusions 34 of the investigations to the administrator of the data system. 35 -13- LSB 5204HV (2) 90 ss/ko 13/ 34

H.F. 2512 The administrator of the data system shall promptly notify the 1 new home state of any adverse actions. 2 d. A member state, if otherwise permitted by state law, may 3 recover from the affected regulated social worker the costs of 4 investigations and dispositions of cases resulting from any 5 adverse action taken against that regulated social worker. 6 e. A member state may take adverse action based on the 7 factual findings of another member state, provided that the 8 member state follows the member state’s own procedures for 9 taking the adverse action. 10 f. Joint investigations. 11 (1) In addition to the authority granted to a member state 12 by the member state’s respective social work practice act or 13 other applicable state law, any member state may participate 14 with other member states in joint investigations of licensees. 15 (2) Member states shall share any investigative, 16 litigation, or compliance materials in furtherance of any joint 17 or individual investigation initiated under the compact. 18 g. If adverse action is taken by the home state against the 19 multistate license of a regulated social worker, the regulated 20 social worker’s multistate authorization to practice in all 21 other member states shall be deactivated until all encumbrances 22 have been removed from the multistate license. All home state 23 disciplinary orders that impose adverse action against the 24 license of a regulated social worker shall include a statement 25 that the regulated social worker’s multistate authorization 26 to practice is deactivated in all member states until all 27 conditions of the decision, order, or agreement are satisfied. 28 h. If a member state takes adverse action, it shall promptly 29 notify the administrator of the data system. The administrator 30 of the data system shall promptly notify the home state and all 31 other member states of any adverse actions by remote states. 32 i. Nothing in this compact shall override a member state’s 33 decision that participation in an alternative program may be 34 used in lieu of adverse action. 35 -14- LSB 5204HV (2) 90 ss/ko 14/ 34

H.F. 2512 j. Nothing in this compact shall authorize a member state to 1 demand the issuance of subpoenas for attendance and testimony 2 of witnesses or the production of evidence from another member 3 state for lawful actions within that member state. 4 k. Nothing in this compact shall authorize a member state to 5 impose discipline against a regulated social worker who holds a 6 multistate authorization to practice for lawful actions within 7 another member state. 8 10. Establishment of social work licensure compact 9 commission. 10 a. The compact member states hereby create and establish 11 a joint government agency whose membership consists of all 12 member states that have enacted the compact known as the social 13 work licensure compact commission. The commission is an 14 instrumentality of the compact states acting jointly and not an 15 instrumentality of any one state. The commission shall come 16 into existence on or after the effective date of the compact 17 as set forth in subsection 14. 18 b. Membership, voting, and meetings. 19 (1) Each member state shall have, and shall be limited 20 to, one delegate selected by that member state’s licensing 21 authority. 22 (2) The delegate shall be either of the following: 23 (a) A current member of the licensing authority at the time 24 of appointment, who is a regulated social worker or public 25 member of the state licensing authority. 26 (b) An administrator of the licensing authority or the 27 administrator’s designee. 28 (3) The commission shall by rule or bylaw establish a term 29 of office for delegates and may by rule or bylaw establish term 30 limits. 31 (4) The commission may recommend removal or suspension of 32 any delegate from office. 33 (5) A member state’s licensing authority shall fill any 34 vacancy of the authority’s delegate occurring on the commission 35 -15- LSB 5204HV (2) 90 ss/ko 15/ 34

H.F. 2512 within sixty days of the vacancy. 1 (6) Each delegate shall be entitled to one vote on all 2 matters before the commission requiring a vote by commission 3 delegates. 4 (7) A delegate shall vote in person or by such other 5 means as provided in the bylaws. The bylaws may provide for 6 delegates to meet by telecommunication, videoconference, or 7 other means of communication. 8 (8) The commission shall meet at least once during each 9 calendar year. Additional meetings may be held as set forth 10 in the bylaws. The commission may meet by telecommunication, 11 video conference, or other similar electronic means. 12 c. The commission shall have the following powers: 13 (1) Establish the fiscal year of the commission. 14 (2) Establish code of conduct and conflict of interest 15 policies. 16 (3) Establish and amend rules and bylaws. 17 (4) Maintain the commission’s financial records in 18 accordance with the bylaws. 19 (5) Meet and take such actions as are consistent with the 20 provisions of this compact, the commission’s rules, and the 21 bylaws. 22 (6) Initiate and conclude legal proceedings or actions 23 in the name of the commission, provided that the standing of 24 any licensing authority to sue or be sued under applicable law 25 shall not be affected. 26 (7) Maintain and certify records and information provided 27 to a member state as the authenticated business records of the 28 commission, and designate an agent to do so on the commission’s 29 behalf. 30 (8) Purchase and maintain insurance and bonds. 31 (9) Borrow, accept, or contract for services of personnel, 32 including but not limited to employees of a member state. 33 (10) Conduct an annual financial review. 34 (11) Hire employees, elect or appoint officers, fix 35 -16- LSB 5204HV (2) 90 ss/ko 16/ 34

H.F. 2512 compensation, define duties, grant such individuals appropriate 1 authority to carry out the purposes of the compact, and 2 establish the commission’s personnel policies and programs 3 relating to conflicts of interest, qualifications of personnel, 4 and other related personnel matters. 5 (12) Assess and collect fees. 6 (13) Accept any and all appropriate gifts, donations, 7 grants of money, other sources of revenue, equipment, supplies, 8 materials, and services, and receive, utilize, and dispose of 9 the same, provided that at all times the commission shall avoid 10 any appearance of impropriety or conflict of interest. 11 (14) Lease, purchase, retain, own, hold, improve, or use any 12 property, real, personal, or mixed, or any undivided interest 13 therein. 14 (15) Sell, convey, mortgage, pledge, lease, exchange, 15 abandon, or otherwise dispose of any property real, personal, 16 or mixed. 17 (16) Establish a budget and make expenditures. 18 (17) Borrow money. 19 (18) Appoint committees, including standing committees, 20 composed of members, state regulators, state legislators or the 21 legislators’ representatives, and consumer representatives, 22 and such other interested persons as may be designated in this 23 compact and the bylaws. 24 (19) Provide and receive information from, and cooperate 25 with, law enforcement agencies. 26 (20) Establish and elect an executive committee, including 27 a chair and a vice chair. 28 (21) Determine whether a state’s adopted language is 29 materially different from the model compact language such that 30 the state would not qualify for participation in the compact. 31 (22) Perform such other functions as may be necessary or 32 appropriate to achieve the purposes of this compact. 33 d. The executive committee. 34 (1) The executive committee shall have the power to act 35 -17- LSB 5204HV (2) 90 ss/ko 17/ 34

H.F. 2512 on behalf of the commission according to the terms of this 1 compact. The powers, duties, and responsibilities of the 2 executive committee shall include all of the following: 3 (a) Oversee the day-to-day activities of the administration 4 of the compact including enforcement and compliance with the 5 provisions of the compact, the commission’s rules and bylaws, 6 and other such duties as deemed necessary. 7 (b) Recommend to the commission changes to the rules or 8 bylaws, changes to this compact legislation, fees charged to 9 compact member states, fees charged to licensees, and other 10 fees. 11 (c) Ensure compact administration services are 12 appropriately provided, including by contract. 13 (d) Prepare and recommend the budget. 14 (e) Maintain financial records on behalf of the commission. 15 (f) Monitor compact compliance of member states and provide 16 compliance reports to the commission. 17 (g) Establish additional committees as necessary. 18 (h) Exercise the powers and duties of the commission during 19 the interim between commission meetings, except for adopting or 20 amending rules, adopting or amending bylaws, and exercising any 21 other powers and duties expressly reserved to the commission 22 by rule or bylaw. 23 (i) Other duties as provided in the rules or bylaws of the 24 commission. 25 (2) The executive committee shall be composed of up to 26 eleven members. 27 (a) The chair and vice chair of the commission shall be 28 voting members of the executive committee. 29 (b) The commission shall elect five voting members from the 30 current membership of the commission. 31 (c) Up to four ex officio, nonvoting members from four 32 recognized national social work organizations. 33 (d) The ex officio members will be selected by their 34 respective organizations. 35 -18- LSB 5204HV (2) 90 ss/ko 18/ 34

H.F. 2512 (3) The commission may remove any member of the executive 1 committee as provided in the commission’s bylaws. 2 (4) The executive committee shall meet at least annually. 3 (a) Executive committee meetings shall be open to the 4 public, except that the executive committee may meet in 5 a closed, nonpublic meeting as provided in paragraph “f” , 6 subparagraph (2). 7 (b) The executive committee shall give seven days’ notice 8 of its meetings, posted on the committee’s internet site, and 9 as determined to provide notice to persons with an interest in 10 the business of the commission. 11 (c) The executive committee may hold a special meeting in 12 accordance with paragraph “f” , subparagraph (1), subparagraph 13 division (b). 14 e. The commission shall adopt and provide to the member 15 states an annual report. 16 f. Meetings of the commission. 17 (1) All meetings shall be open to the public, except that 18 the commission may meet in a closed, nonpublic meeting as 19 provided in subparagraph (2). 20 (a) Public notice for all meetings of the full commission 21 of meetings shall be given in the same manner as required 22 under the rulemaking provisions in subsection 12, except that 23 the commission may hold a special meeting as provided in 24 subparagraph division (b). 25 (b) The commission may hold a special meeting when the 26 commission must meet to conduct emergency business by giving 27 forty-eight hours’ notice to all commissioners, on the 28 commission’s website, and other means as provided in the 29 commission’s rules. The commission’s legal counsel shall 30 certify that the commission’s need to meet qualifies as an 31 emergency. 32 (2) The commission, the executive committee, or other 33 committees of the commission may convene in a closed, nonpublic 34 meeting for the commission, executive committee, or other 35 -19- LSB 5204HV (2) 90 ss/ko 19/ 34

H.F. 2512 committees of the commission to receive legal advice or to 1 discuss any of the following: 2 (a) Noncompliance of a member state with its obligations 3 under the compact. 4 (b) The employment, compensation, discipline or other 5 matters, practices, or procedures related to specific 6 employees. 7 (c) Current or threatened discipline of a licensee by the 8 commission or by a member state’s licensing authority. 9 (d) Current, threatened, or reasonably anticipated 10 litigation. 11 (e) Negotiation of contracts for the purchase, lease, or 12 sale of goods, services, or real estate. 13 (f) Accusing any person of a crime or formally censuring any 14 person. 15 (g) Trade secrets or commercial or financial information 16 that is privileged or confidential. 17 (h) Information of a personal nature where disclosure would 18 constitute a clearly unwarranted invasion of personal privacy. 19 (i) Investigative records compiled for law enforcement 20 purposes. 21 (j) Information related to any investigative reports 22 prepared by, or on behalf of, or for the use of, the commission 23 or other committee charged with responsibility of investigation 24 or determination of compliance issues pursuant to the compact. 25 (k) Matters specifically exempted from disclosure by 26 federal or member state law. 27 (l) Other matters as promulgated by the commission by rule. 28 (3) If a meeting, or portion of a meeting, is closed, the 29 presiding officer shall state that the meeting will be closed 30 and reference each relevant exempting provision, and such 31 reference shall be recorded in the minutes. 32 (4) The commission shall keep minutes that fully and clearly 33 describe all matters discussed in a meeting and shall provide 34 a full and accurate summary of actions taken, and the reasons 35 -20- LSB 5204HV (2) 90 ss/ko 20/ 34

H.F. 2512 therefore, including a description of the views expressed. All 1 documents considered in connection with an action shall be 2 identified in such minutes. All minutes and documents of a 3 closed meeting shall remain under seal, subject to release only 4 by a majority vote of the commission or by order of a court of 5 competent jurisdiction. 6 g. Financing the commission. 7 (1) The commission shall pay, or provide for the payment 8 of, the reasonable expenses of the commission’s establishment, 9 organization, and ongoing activities. 10 (2) The commission may accept any and all appropriate 11 revenue sources as provided in paragraph “c” , subparagraph 12 (13). 13 (3) The commission may levy on, and collect an annual 14 assessment from, each member state and impose fees on licensees 15 of member states to whom it grants a multistate license 16 to cover the cost of the operations and activities of the 17 commission and its staff, which must be in a total amount 18 sufficient to cover the commission’s annual budget as approved 19 each year for which revenue is not provided by other sources. 20 The aggregate annual assessment amount for member states shall 21 be allocated based upon a formula that the commission shall 22 promulgate by rule. 23 (4) The commission shall not incur obligations of any kind 24 prior to securing the funds adequate to meet the same; nor 25 shall the commission pledge the credit of any of the member 26 states, except by and with the authority of the member state. 27 (5) The commission shall keep accurate accounts of all 28 receipts and disbursements. The receipts and disbursements 29 of the commission shall be subject to the financial review 30 and accounting procedures established under its bylaws. 31 However, all receipts and disbursements of funds handled by the 32 commission shall be subject to an annual financial review by a 33 certified or licensed public accountant, and the report of the 34 financial review shall be included in, and become part of, the 35 -21- LSB 5204HV (2) 90 ss/ko 21/ 34

H.F. 2512 annual report of the commission. 1 h. Qualified immunity, defense, and indemnification. 2 (1) The members, officers, executive director, employees, 3 and representatives of the commission shall be immune from suit 4 and liability, both personally and in their official capacity, 5 for any claim for damage to or loss of property, personal 6 injury, or other civil liability caused by or arising out of 7 any actual or alleged act, error, or omission that occurred, or 8 that the person against whom the claim is made had a reasonable 9 basis for believing occurred within the scope of commission 10 employment, duties, or responsibilities, provided that nothing 11 in this paragraph shall be construed to protect any such 12 person from suit or liability for any damage, loss, injury, 13 or liability caused by the intentional, willful, or wanton 14 misconduct of that person. The procurement of insurance of any 15 type by the commission shall not in any way compromise or limit 16 the immunity granted hereunder. 17 (2) The commission shall defend any member, officer, 18 executive director, employee, and representative of the 19 commission in any civil action seeking to impose liability 20 arising out of any actual or alleged act, error, or omission 21 that occurred within the scope of commission employment, 22 duties, or responsibilities, or as determined by the commission 23 that the person against whom the claim is made had a reasonable 24 basis for believing occurred within the scope of commission 25 employment, duties, or responsibilities, provided that 26 nothing herein shall be construed to prohibit that person from 27 retaining their own counsel at their own expense, and provided 28 further that the actual or alleged act, error, or omission did 29 not result from that person’s intentional or willful or wanton 30 misconduct. 31 (3) The commission shall indemnify and hold harmless 32 any member, officer, executive director, employee, and 33 representative of the commission for the amount of any 34 settlement or judgment obtained against that person arising 35 -22- LSB 5204HV (2) 90 ss/ko 22/ 34

H.F. 2512 out of any actual or alleged act, error, or omission that 1 occurred within the scope of commission employment, duties, 2 or responsibilities, or that such person had a reasonable 3 basis for believing occurred within the scope of commission 4 employment, duties, or responsibilities, provided that the 5 actual or alleged act, error, or omission did not result from 6 the intentional or willful or wanton misconduct of that person. 7 (4) Nothing herein shall be construed as a limitation on 8 the liability of any licensee for professional malpractice 9 or misconduct, which shall be governed solely by any other 10 applicable state laws. 11 (5) Nothing in this compact shall be interpreted to 12 waive or otherwise abrogate a member state’s state action 13 immunity or state action affirmative defense with respect to 14 antitrust claims under the Sherman Act, the Clayton Act, or 15 any other state or federal antitrust or anticompetitive law or 16 regulation. 17 (6) Nothing in this compact shall be construed to be a 18 waiver of sovereign immunity by the member states or by the 19 commission. 20 11. Data system. 21 a. The commission shall provide for the development, 22 maintenance, operation, and utilization of a coordinated data 23 system. 24 b. The commission shall assign each applicant for a 25 multistate license a unique identifier, as determined by the 26 rules of the commission. 27 c. Notwithstanding any other provision of state law to 28 the contrary, a member state shall submit a uniform data set 29 to the data system on all individuals to whom this compact 30 is applicable as required by the rules of the commission, 31 including all of the following: 32 (1) Identifying information. 33 (2) Licensure data. 34 (3) Adverse actions against a license and information 35 -23- LSB 5204HV (2) 90 ss/ko 23/ 34

H.F. 2512 related thereto. 1 (4) Nonconfidential information related to alternative 2 program participation, the beginning and ending dates of 3 such participation, and other information related to such 4 participation not made confidential under member state law. 5 (5) Any denial of application for licensure, and the reason 6 for such denial. 7 (6) The presence of current significant investigative 8 information. 9 (7) Other information that may facilitate the 10 administration of this compact or the protection of the public, 11 as determined by the rules of the commission. 12 d. The records and information provided to a member 13 state pursuant to this compact or through the data system, 14 when certified by the commission or an agent thereof, 15 shall constitute the authenticated business records of the 16 commission, and shall be entitled to any associated hearsay 17 exception in any relevant judicial, quasi-judicial, or 18 administrative proceedings in a member state. 19 e. Current significant investigative information pertaining 20 to a licensee in any member state will only be available to 21 other member states. It is the responsibility of the member 22 states to report any adverse action against a licensee and to 23 monitor the database to determine whether adverse action has 24 been taken against a licensee. Adverse action information 25 pertaining to a licensee in any member state will be available 26 to any other member state. 27 f. Member states contributing information to the data 28 system may designate information that may not be shared with 29 the public without the express permission of the contributing 30 state. 31 g. Any information submitted to the data system that is 32 subsequently expunged pursuant to federal law, or the laws of 33 the member state contributing the information, shall be removed 34 from the data system. 35 -24- LSB 5204HV (2) 90 ss/ko 24/ 34

H.F. 2512 12. Rulemaking. 1 a. The commission shall promulgate reasonable rules in 2 order to effectively and efficiently implement and administer 3 the purposes and provisions of the compact. A rule shall 4 be invalid and have no force or effect only if a court of 5 competent jurisdiction holds that the rule is invalid because 6 the commission exercised its rulemaking authority in a manner 7 that is beyond the scope and purposes of the compact, or the 8 powers granted hereunder, or based upon another applicable 9 standard of review. 10 b. The rules of the commission shall have the force of 11 law in each member state, provided however that where the 12 rules of the commission conflict with the laws of the member 13 state that establish the member state’s laws, regulations, and 14 applicable standards that govern the practice of social work 15 as held by a court of competent jurisdiction, the rules of the 16 commission shall be ineffective in that state to the extent of 17 the conflict. 18 c. The commission shall exercise its rulemaking powers 19 pursuant to the criteria set forth in this section and the 20 rules adopted thereunder. Rules shall become binding on the 21 day following adoption or the date specified in the rule or 22 amendment, whichever is later. 23 d. If a majority of the legislatures of the member states 24 rejects a rule or portion of a rule, by enactment of a statute 25 or resolution in the same manner used to adopt the compact 26 within four years of the date of adoption of the rule, then 27 such rule shall have no further force and effect in any member 28 state. 29 e. Rules shall be adopted at a regular or special meeting 30 of the commission. 31 f. Prior to adoption of a proposed rule, the commission 32 shall hold a public hearing and allow persons to provide oral 33 and written comments, data, facts, opinions, and arguments. 34 g. Prior to adoption of a proposed rule by the commission, 35 -25- LSB 5204HV (2) 90 ss/ko 25/ 34

H.F. 2512 and at least thirty days in advance of the meeting at which the 1 commission will hold a public hearing on the proposed rule, 2 the commission shall provide a notice of proposed rulemaking 3 as follows: 4 (1) On the internet site of the commission or other publicly 5 accessible platform. 6 (2) To persons who have requested notice of the commission’s 7 notices of proposed rulemaking. 8 (3) In such other ways as the commission may by rule 9 specify. 10 h. The notice of proposed rulemaking shall include all of 11 the following: 12 (1) The time, date, and location of the public hearing at 13 which the commission will hear public comments on the proposed 14 rule and, if different, the time, date, and location of the 15 meeting where the commission will consider and vote on the 16 proposed rule. 17 (2) If the hearing is held via telecommunication, video 18 conference, or other electronic means, the commission shall 19 include the mechanism for access to the hearing in the notice 20 of proposed rulemaking. 21 (3) The text of the proposed rule and the reason therefor. 22 (4) A request for comments on the proposed rule from any 23 interested person. 24 (5) The manner in which interested persons may submit 25 written comments. 26 i. All hearings will be recorded. A copy of the recording 27 and all written comments and documents received by the 28 commission in response to the proposed rule shall be available 29 to the public. 30 j. Nothing in this subsection shall be construed as 31 requiring a separate hearing on each rule. Rules may be 32 grouped for the convenience of the commission at hearings 33 required by this subsection. 34 k. The commission shall, by majority vote of all members, 35 -26- LSB 5204HV (2) 90 ss/ko 26/ 34

H.F. 2512 take final action on the proposed rule based on the rulemaking 1 record and the full text of the rule. 2 (1) The commission may adopt changes to the proposed rule 3 provided the changes do not enlarge the original purpose of the 4 proposed rule. 5 (2) The commission shall provide an explanation of the 6 reasons for substantive changes made to the proposed rule as 7 well as reasons for substantive changes not made that were 8 recommended by commenters. 9 (3) The commission shall determine a reasonable effective 10 date for the rule. Except for an emergency as provided in 11 paragraph “l” , the effective date of the rule shall be no sooner 12 than thirty days after issuing the notice that the commission 13 adopted or amended the rule. 14 l. Upon determination that an emergency exists, the 15 commission may consider and adopt an emergency rule with 16 forty-eight hours’ notice, with opportunity to comment, 17 provided that the usual rulemaking procedures provided in the 18 compact and in this subsection shall be retroactively applied 19 to the rule as soon as reasonably possible, in no event later 20 than ninety days after the effective date of the rule. For the 21 purposes of this paragraph, an emergency rule is one that must 22 be adopted immediately in order to do one of the following: 23 (1) Meet an imminent threat to public health, safety, or 24 welfare. 25 (2) Prevent a loss of commission or member state funds. 26 (3) Meet a deadline for the promulgation of a rule that is 27 established by federal law or rule. 28 (4) Protect public health and safety. 29 m. The commission or an authorized committee of the 30 commission may direct revisions to a previously adopted rule 31 for purposes of correcting typographical errors, errors in 32 format, errors in consistency, or grammatical errors. Public 33 notice of any revisions shall be posted on the internet site 34 of the commission. The revision shall be subject to challenge 35 -27- LSB 5204HV (2) 90 ss/ko 27/ 34

H.F. 2512 by any person for a period of thirty days after posting. The 1 revision may be challenged only on grounds that the revision 2 results in a material change to a rule. A challenge shall 3 be made in writing and delivered to the commission prior to 4 the end of the notice period. If no challenge is made, the 5 revision will take effect without further action. If the 6 revision is challenged, the revision may not take effect 7 without the approval of the commission. 8 n. No member state’s rulemaking requirements shall apply 9 under this compact. 10 13. Oversight, dispute resolution, and enforcement. 11 a. Oversight. 12 (1) The executive and judicial branches of state government 13 in each member state shall enforce this compact and take all 14 actions necessary and appropriate to implement the compact. 15 (2) Except as otherwise provided in this compact, venue is 16 proper and judicial proceedings by or against the commission 17 shall be brought solely and exclusively in a court of competent 18 jurisdiction where the principal office of the commission is 19 located. The commission may waive venue and jurisdictional 20 defenses to the extent the commission adopts or consents to 21 participate in alternative dispute resolution proceedings. 22 Nothing herein shall affect or limit the selection or propriety 23 of venue in any action against a licensee for professional 24 malpractice, misconduct, or any such similar matter. 25 (3) The commission shall be entitled to receive service 26 of process in any proceeding regarding the enforcement or 27 interpretation of the compact and shall have standing to 28 intervene in such a proceeding for all purposes. Failure 29 to provide the commission service of process shall render a 30 judgment or order void as to the commission, this compact, or 31 promulgated rules. 32 b. Default, technical assistance, and termination. 33 (1) If the commission determines that a member state has 34 defaulted in the performance of the member state’s obligations 35 -28- LSB 5204HV (2) 90 ss/ko 28/ 34

H.F. 2512 or responsibilities under this compact or the promulgated 1 rules, the commission shall provide written notice to the 2 defaulting state. The notice of default shall describe the 3 default, the proposed means of curing the default, and any 4 other action that the commission may take, and shall offer 5 training and specific technical assistance regarding the 6 default. 7 (2) The commission shall provide a copy of the notice of 8 default to the other member states. 9 c. If a state in default fails to cure the default, the 10 defaulting state may be terminated from the compact upon an 11 affirmative vote of a majority of the delegates of the member 12 states, and all rights, privileges, and benefits conferred on 13 that state by this compact may be terminated on the effective 14 date of termination. A cure of the default does not relieve 15 the offending state of obligations or liabilities incurred 16 during the period of default. 17 d. Termination of membership in the compact shall be imposed 18 only after all other means of securing compliance have been 19 exhausted. Notice of intent to suspend or terminate shall 20 be given by the commission to the governor, the majority and 21 minority leaders of the defaulting state’s legislature, the 22 defaulting state’s state licensing authority, and each of the 23 member states’ licensing authority. 24 e. A state that has been terminated is responsible for all 25 assessments, obligations, and liabilities incurred through 26 the effective date of termination, including obligations that 27 extend beyond the effective date of termination. 28 f. Upon the termination of a state’s membership from 29 this compact, that state shall immediately provide notice to 30 all licensees within that state of such termination. The 31 terminated state shall continue to recognize all licenses 32 granted pursuant to this compact for a minimum of six months 33 after the date of said notice of termination. 34 g. The commission shall not bear any costs related to 35 -29- LSB 5204HV (2) 90 ss/ko 29/ 34

H.F. 2512 a state that is found to be in default, or that has been 1 terminated from the compact, unless agreed upon in writing 2 between the commission and the defaulting state. 3 h. The defaulting state may appeal the action of the 4 commission by petitioning the United States district court 5 for the District of Columbia or the federal district where 6 the commission has its principal offices. The prevailing 7 party shall be awarded all costs of such litigation, including 8 reasonable attorney fees. 9 i. Dispute resolution. 10 (1) Upon request by a member state, the commission shall 11 attempt to resolve disputes related to the compact that arise 12 among member states and between member and nonmember states. 13 (2) The commission shall promulgate a rule providing for 14 both mediation and binding dispute resolution for disputes as 15 appropriate. 16 j. Enforcement. 17 (1) By majority vote as provided by rule, the commission may 18 initiate legal action against a member state in default in the 19 United States district court for the District of Columbia, or 20 in the federal district where the commission has its principal 21 offices, to enforce compliance with the provisions of the 22 compact and rules promulgated under the compact. The relief 23 sought may include both injunctive relief and damages. In 24 the event judicial enforcement is necessary, the prevailing 25 party shall be awarded all costs of such litigation, including 26 reasonable attorney fees. The remedies herein shall not be 27 the exclusive remedies of the commission. The commission 28 may pursue any other remedies available under federal or the 29 defaulting member state’s law. 30 (2) A member state may initiate legal action against the 31 commission in the United States district court for the District 32 of Columbia, or in the federal district where the commission 33 has its principal offices, to enforce compliance with the 34 provisions of the compact and rules promulgated under the 35 -30- LSB 5204HV (2) 90 ss/ko 30/ 34

H.F. 2512 compact. The relief sought may include both injunctive relief 1 and damages. In the event judicial enforcement is necessary, 2 the prevailing party shall be awarded all costs of such 3 litigation, including reasonable attorney fees. 4 (3) No person other than a member state shall enforce this 5 compact against the commission. 6 14. Effective date, withdrawal, and amendment. 7 a. The compact shall come into effect on the date on which 8 the compact statute is enacted into law in the seventh member 9 state. 10 (1) On or after the effective date of the compact, the 11 commission shall convene and review the enactment of each of 12 the first seven member states to determine if the statute 13 enacted by each such charter member state is materially 14 different than the model compact statute. 15 (a) A charter member state whose enactment is found to be 16 materially different from the model compact statute shall be 17 entitled to the default process set forth in subsection 13. 18 (b) If any member state is later found to be in default, 19 or is terminated or withdraws from the compact, the commission 20 shall remain in existence and the compact shall remain in 21 effect even if the number of member states should be less than 22 seven. 23 (2) Member states enacting the compact subsequent to the 24 seven initial charter member states shall be subject to the 25 process set forth in subsection 10, paragraph “c” , subparagraph 26 (21), to determine if their enactments are materially different 27 from the model compact statute and whether they qualify for 28 participation in the compact. 29 (3) All actions taken for the benefit of the commission 30 or in furtherance of the purposes of the administration of 31 the compact prior to the effective date of the compact or the 32 commission coming into existence shall be considered to be 33 actions of the commission unless specifically repudiated by the 34 commission. 35 -31- LSB 5204HV (2) 90 ss/ko 31/ 34

H.F. 2512 (4) Any state that joins the compact subsequent to the 1 commission’s initial adoption of the rules and bylaws shall be 2 subject to the rules and bylaws as they exist on the date on 3 which the compact becomes law in that state. Any rule that has 4 been previously adopted by the commission shall have the full 5 force and effect of law on the day the compact becomes law in 6 that state. 7 b. Any member state may withdraw from this compact by 8 enacting a statute repealing the same. 9 (1) A member state’s withdrawal shall not take effect 10 until one hundred eighty days after enactment of the repealing 11 statute. 12 (2) Withdrawal shall not affect the continuing requirement 13 of the withdrawing state’s licensing authority to comply with 14 the investigative and adverse action reporting requirements of 15 this compact prior to the effective date of withdrawal. 16 (3) Upon the enactment of a statute withdrawing from this 17 compact, a state shall immediately provide notice of such 18 withdrawal to all licensees within that state. Notwithstanding 19 any subsequent statutory enactment to the contrary, such 20 withdrawing state shall continue to recognize all licenses 21 granted pursuant to this compact for a minimum of one hundred 22 eighty days after the date of such notice of withdrawal. 23 c. Nothing contained in this compact shall be construed 24 to invalidate or prevent any licensure agreement or other 25 cooperative arrangement between a member state and a nonmember 26 state that does not conflict with the provisions of this 27 compact. 28 d. This compact may be amended by the member states. No 29 amendment to this compact shall become effective and binding 30 upon any member state until the amendment is enacted into the 31 laws of all member states. 32 15. Construction and severability. 33 a. This compact and the commission’s rulemaking authority 34 shall be liberally construed so as to effectuate the purposes, 35 -32- LSB 5204HV (2) 90 ss/ko 32/ 34

H.F. 2512 and the implementation and administration of the compact. 1 Provisions of the compact expressly authorizing or requiring 2 the promulgation of rules shall not be construed to limit the 3 commission’s rulemaking authority solely for those purposes. 4 b. The provisions of this compact shall be severable and 5 if any phrase, clause, sentence, or provision of this compact 6 is held by a court of competent jurisdiction to be contrary 7 to the constitution of any member state, a state seeking 8 participation in the compact, or of the United States, or 9 the applicability thereof to any government, agency, person, 10 or circumstance is held to be unconstitutional by a court of 11 competent jurisdiction, the validity of the remainder of this 12 compact and the applicability thereof to any other government, 13 agency, person, or circumstance shall not be affected thereby. 14 c. Notwithstanding paragraph “b” , the commission may deny 15 a state’s participation in the compact or, in accordance with 16 the requirements of subsection 13, paragraph “b” , terminate a 17 member state’s participation in the compact, if the commission 18 determines that a constitutional requirement of a member state 19 is a material departure from the compact. Otherwise, if this 20 compact shall be held to be contrary to the constitution of any 21 member state, the compact shall remain in full force and effect 22 as to the remaining member states, and in full force and effect 23 as to the member state affected as to all severable matters. 24 16. Consistent effect and conflict with other state laws. 25 a. A licensee providing services in a remote state under a 26 multistate authorization to practice shall adhere to the laws 27 and regulations, including laws, regulations, and applicable 28 standards, of the remote state where the client is located at 29 the time care is rendered. 30 b. Nothing herein shall prevent or inhibit the enforcement 31 of any other law of a member state that is not inconsistent 32 with the compact. 33 c. Any laws, statutes, regulations, or other legal 34 requirements in a member state in conflict with the compact are 35 -33- LSB 5204HV (2) 90 ss/ko 33/ 34

H.F. 2512 superseded to the extent of the conflict. 1 d. All permissible agreements between the commission and the 2 member states are binding in accordance with the terms of the 3 agreement. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill establishes the social work licensure compact. 8 The compact establishes a system whereby a social worker 9 licensed to practice in one member state may practice in 10 another member state under a multistate license without 11 applying for a license in that state. The compact imposes 12 certain minimum requirements on the licensure of social workers 13 in member states. 14 The compact creates a commission to administer the operation 15 of the compact. The commission is an instrumentality of the 16 member states. The compact includes provisions relating to the 17 establishment and membership of the commission; powers of the 18 commission, meetings and voting requirements of the commission; 19 commission bylaws and rules; commission committees; commission 20 finances; the establishment of a licensure data system; 21 oversight by member states; compacting state compliance; 22 venue for judicial proceedings; defense and indemnification; 23 effective dates and amendments to the compact; withdrawal, 24 default, and expulsion; severability and construction; and the 25 binding effect of the compact and other laws. 26 The compact becomes effective upon the adoption of the 27 compact by the seventh participating state. 28 -34- LSB 5204HV (2) 90 ss/ko 34/ 34