Amendment SE3 SSA1-SB1

SB1-SSA1,166,23 4. Nothing in this subsection shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this subsection.

SB1-SSA1,167,3 (j) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.

SB1-SSA1,167,6 (k) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.

SB1-SSA1,167,9 (L) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rule-making record and the full text of the rule.

SB1-SSA1,167,16 (m) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rule-making procedures provided in the compact and in this subsection shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

SB1-SSA1,167,17 1. Meet an imminent threat to public health, safety, or welfare;

SB1-SSA1,167,18 2. Prevent a loss of commission or member state funds;

SB1-SSA1,167,20 3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or

SB1-SSA1,167,21 4. Protect public health and safety.

SB1-SSA1,168,6 (n) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.

SB1-SSA1,168,11 (12) Oversight, dispute resolution, and enforcement. (a) 1. The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.

SB1-SSA1,168,15 2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission.

SB1-SSA1,168,19 3. The commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules.

SB1-SSA1,168,22 (b) 1. If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:

SB1-SSA1,168,25 a. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the commission; and

SB1-SSA1,169,2 b. Provide remedial training and specific technical assistance regarding the default.

SB1-SSA1,169,7 (c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

SB1-SSA1,169,12 (d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.

SB1-SSA1,169,15 (e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

SB1-SSA1,169,18 (f) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.

SB1-SSA1,169,22 (g) The defaulting state may appeal the action of the commission by petitioning the U.S. district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.

SB1-SSA1,169,25 (h) 1. Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.

SB1-SSA1,170,2 2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

SB1-SSA1,170,4 (i) 1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

SB1-SSA1,170,11 2. By majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.

SB1-SSA1,170,13 3. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

SB1-SSA1,170,20 (13) Date of implementation of the counseling compact commission and associated rules, withdrawal, and amendment. (a) The compact shall come into effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rule-making powers necessary to the implementation and administration of the compact.

SB1-SSA1,170,25 (b) Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.

SB1-SSA1,171,2 (c) Any member state may withdraw from this compact by enacting a statute repealing the same.

SB1-SSA1,171,4 1. A member state's withdrawal shall not take effect until 6 months after enactment of the repealing statute.

SB1-SSA1,171,8 2. Withdrawal shall not affect the continuing requirement of the withdrawing state's professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

SB1-SSA1,171,12 (d) Nothing contained in this compact shall be construed to invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.

SB1-SSA1,171,15 (e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

SB1-SSA1,171,25 (14) Construction and severability. This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

SB1-SSA1,172,4 (15) Binding effect of compact and other laws. (a) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state.

SB1-SSA1,172,6 (b) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.

SB1-SSA1,172,8 (c) Any laws in a member state in conflict with the compact are superseded to the extent of the conflict.

SB1-SSA1,172,10 (d) Any lawful actions of the commission, including all rules and bylaws properly promulgated by the commission, are binding upon the member states.

SB1-SSA1,172,12 (e) All permissible agreements between the commission and the member states are binding in accordance with their terms.

SB1-SSA1,172,16 (f) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

SB1-SSA1,172,17 457.51 Implementation of the counseling compact. (1) In this section:

SB1-SSA1,172,19 (a) “Examining board" means the marriage and family therapy, professional counseling, and social work examining board.

SB1-SSA1,172,20 (b) “Privilege to practice” has the meaning given in s. 457.50 (2) (s).

SB1-SSA1,172,22 (c) “Professional counselor section” means the professional counselor section of the examining board.

SB1-SSA1,172,24 (2) The department may impose a fee for an individual to receive a privilege to practice as provided in s. 457.50 (3) (c).

SB1-SSA1,173,5 (3) The professional counselor section may, by rule, require an individual applying for a license under s. 457.12 (2m) or an individual seeking a privilege to practice under s. 457.12 (3m) to meet a jurisprudence requirement in accordance with s. 457.50 (4) (a) 8., if such a requirement is imposed by the professional counselor section under s. 457.16 in order to obtain a license under s. 457.12 (1m).

SB1-SSA1,173,7 (4) (a) An individual who is exercising the privilege to practice in this state shall comply with s. 440.03 (13) (am).

SB1-SSA1,173,11 (b) Subject to s. 457.50 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who is exercising the privilege to practice in this state in the same manner that they apply to holders of licenses issued under subch. I.

SB1-SSA1,301 Section 301. Subchapter III of chapter 457 [precedes 457.70] of the statutes is created to read:

SB1-SSA1,173,14 chapter 457

SB1-SSA1,173,15 Subchapter III

SB1-SSA1,173,16 SOCIAL WORK LICENSURE COMPACT

SB1-SSA1,173,22 457.70 Social work licensure compact. (1) Purpose. The purpose of this compact is to facilitate interstate practice of regulated social workers by improving public access to competent social work services. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:

SB1-SSA1,173,23 (a) Increase public access to social work services;

SB1-SSA1,173,25 (b) Reduce overly burdensome and duplicative requirements associated with holding multiple licenses;

SB1-SSA1,174,1 (c) Enhance the member states' ability to protect the public's health and safety;

SB1-SSA1,174,3 (d) Encourage the cooperation of member states in regulating multistate practice;

SB1-SSA1,174,6 (e) Promote mobility and address workforce shortages by eliminating the necessity for licenses in multiple states by providing for the mutual recognition of other member state licenses;

SB1-SSA1,174,7 (f) Support military families;

SB1-SSA1,174,9 (g) Facilitate the exchange of licensure and disciplinary information among member states;

SB1-SSA1,174,13 (h) Authorize all member states to hold a regulated social worker accountable for abiding by a member state's laws, regulations, and applicable professional standards in the member state in which the client is located at the time care is rendered; and

SB1-SSA1,174,15 (i) Allow for the use of telehealth to facilitate increased access to regulated social work services.

SB1-SSA1,174,17 (2) Definitions. As used in this compact, and except as otherwise provided, the following definitions shall apply:

SB1-SSA1,174,20 (a) “Active military member” means any individual with full-time duty status in the active armed forces of the United States including members of the national guard and reserve.

SB1-SSA1,175,2 (b) “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing authority or other authority against a regulated social worker, including actions against an individual's license or multistate authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a regulated social worker's authorization to practice, including issuance of a cease and desist action.

SB1-SSA1,175,5 (c) “Alternative program” means a nondisciplinary monitoring or practice remediation process approved by a licensing authority to address practitioners with an impairment.

SB1-SSA1,175,8 (d) “Charter member states” - member states who have enacted legislation to adopt this compact where such legislation predates the effective date of this compact as described in sub. (14).

SB1-SSA1,175,12 (e) “Compact commission” or “commission” means the government agency whose membership consists of all states that have enacted this compact, which is known as the social work licensure compact commission, as described in sub. (10), and which shall operate as an instrumentality of the member states.

SB1-SSA1,175,13 (f) “Current significant investigative information” means:

SB1-SSA1,175,17 1. Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the regulated social worker to respond has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction as may be defined by the commission; or

SB1-SSA1,175,21 2. Investigative information that indicates that the regulated social worker represents an immediate threat to public health and safety, as may be defined by the commission, regardless of whether the regulated social worker has been notified and has had an opportunity to respond.

SB1-SSA1,175,25 (g) “Data system” means a repository of information about licensees, including, continuing education, examination, licensure, current significant investigative information, disqualifying event, multistate license(s) and adverse action information or other information as required by the commission.

SB1-SSA1,176,3 (h) “Disqualifying event” means any adverse action or incident which results in an encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain or renew a multistate license.

SB1-SSA1,176,5 (i) “Domicile” means the jurisdiction in which the licensee resides and intends to remain indefinitely.

SB1-SSA1,176,8 (j) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of social work licensed and regulated by a licensing authority.

SB1-SSA1,176,11 (k) “Executive committee” means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the compact and commission.

SB1-SSA1,176,13 (L) “Home state” means the member state that is the licensee's primary domicile.

SB1-SSA1,176,17 (m) “Impairment” means a condition(s) that may impair a practitioner's ability to engage in full and unrestricted practice as a regulated social worker without some type of intervention and may include alcohol and drug dependence, mental health impairment, and neurological or physical impairments.

SB1-SSA1,176,19 (n) “Licensee(s)” means an individual who currently holds a license from a state to practice as a regulated social worker.

SB1-SSA1,176,22 (o) “Licensing authority” means the board or agency of a member state, or equivalent, that is responsible for the licensing and regulation of regulated social workers.

SB1-SSA1,176,24 (p) “Member state” means a state, commonwealth, district, or territory of the United States of America that has enacted this compact.

SB1-SSA1,177,3 (q) “Multistate authorization to practice” means a legally authorized privilege to practice, which is equivalent to a license, associated with a multistate license permitting the practice of social work in a remote state.

SB1-SSA1,177,6 (r) “Multistate license” means a license to practice as a regulated social worker issued by a home state licensing authority that authorizes the regulated social worker to practice in all member states under multistate authorization to practice.

SB1-SSA1,177,8 (s) “Qualifying national exam” means a national licensing examination approved by the commission.

SB1-SSA1,177,10 (t) “Regulated social worker” means any clinical, master's or bachelor's social worker licensed by a member state regardless of the title used by that member state.

SB1-SSA1,177,11 (u) “Remote state” means a member state other than the licensee's home state.

SB1-SSA1,177,14 (v) “Rule(s)” or “rule(s) of the commission” means a regulation or regulations duly promulgated by the commission, as authorized by the compact, that has the force of law.

SB1-SSA1,177,17 (w) “Single state license” means a social work license issued by any state that authorizes practice only within the issuing state and does not include multistate authorization to practice in any member state.

SB1-SSA1,177,23 (x) “Social work” or “social work services” means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities through the care and services provided by a regulated social worker as set forth in the member state's statutes and regulations in the state where the services are being provided.