SB391: Bill Text

SB391,,199 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

SB391,,200 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.

SB391,,201 (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.

SB391,,202 (h) “Domicile” means the jurisdiction in which the licensee resides and intends to remain indefinitely.

SB391,,203 (i) “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.

SB391,,204 (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.

SB391,,205 (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.

SB391,,206 (L) “Home state” means the member state that is the licensee’s primary domicile.

SB391,,207 (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.

SB391,,208 (n) “Licensee(s)” means an individual who currently holds a license from a state to practice as a regulated social worker.

SB391,,209 (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.

SB391,,210 (p) “Member state” means a state, commonwealth, district, or territory of the United States of America that has enacted this compact.

SB391,,211 (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.

SB391,,212 (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.

SB391,,213 (s) “Qualifying national exam” means a national licensing examination approved by the commission.

SB391,,214 (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.

SB391,,215 (u) “Remote state” means a member state other than the licensee’s home state.

SB391,,216 (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.

SB391,,217 (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.

SB391,,218 (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.

SB391,,219 (y) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of social work.

SB391,,220 (z) “Unencumbered license” means a license that authorizes a regulated social worker to engage in the full and unrestricted practice of social work.

SB391,,221 (3) State participation in the compact. (a) To be eligible to participate in the compact, a potential member state must currently meet all of the following criteria:

SB391,,222 1. License and regulate the practice of social work at either the clinical, master’s, or bachelor’s category.

SB391,,223 2. Require applicants for licensure to graduate from a program that is:

SB391,,224 a. Operated by a college or university recognized by the licensing authority;

SB391,,225 b. Accredited, or in candidacy by an institution that subsequently becomes accredited, by an accrediting agency recognized by either the Council for Higher Education Accreditation, or its successor; or the United States department of education; and

SB391,,226 c. Corresponds to the licensure sought as outlined in sub. (4).

SB391,,227 3. Require applicants for clinical licensure to complete a period of supervised practice.

SB391,,228 4. Have a mechanism in place for receiving, investigating, and adjudicating complaints about licensees.

SB391,,229 (b) To maintain membership in the compact a member state shall:

SB391,,230 1. Require that applicants for a multistate license pass a qualifying national exam for the corresponding category of multistate license sought as outlined in sub. (4).

SB391,,231 2. Participate fully in the commission’s data system, including using the commission’s unique identifier as defined in rules;

SB391,,232 3. Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee;

SB391,,233 4. Implement procedures for considering the criminal history records of applicants for a multistate license. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state’s criminal records.

SB391,,234 5. Comply with the rules of the commission;

SB391,,235 6. Require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable home state laws;

SB391,,236 7. Authorize a licensee holding a multistate license in any member state to practice in accordance with the terms of the compact and rules of the commission; and

SB391,,237 8. Designate a delegate to participate in the commission meetings.

SB391,,238 (c) A member state meeting the requirements of pars. (a) and (b) shall designate the categories of social work licensure that are eligible for issuance of a multistate license for applicants in such member state. To the extent that any member state does not meet the requirements for participation in the compact at any particular category of social work licensure, such member state may choose, but is not obligated to, issue a multistate license to applicants that otherwise meet the requirements of sub. (4) for issuance of a multistate license in such category or categories of licensure.

SB391,,239 (d) The home state may charge a fee for granting the multistate license.

SB391,,240 (4) Social worker participation in the compact. (a) To be eligible for a multistate license under the terms and provisions of the compact, an applicant, regardless of category must:

SB391,,241 1. Hold or be eligible for an active, unencumbered license in the home state;

SB391,,242 2. Pay any applicable fees, including any state fee, for the multistate license;

SB391,,243 3. Submit, in connection with an application for a multistate license, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state’s criminal records.

SB391,,244 4. Notify the home state of any adverse action, encumbrance, or restriction on any professional license taken by any member state or nonmember state within 30 days from the date the action is taken.

SB391,,245 5. Meet any continuing competence requirements established by the home state;

SB391,,246 6. Abide by the laws, regulations, and applicable standards in the member state where the client is located at the time care is rendered.

SB391,,247 (b) An applicant for a clinical-category multistate license must meet all of the following requirements:

SB391,,248 2. Fulfill a competency requirement, which shall be satisfied by either:

SB391,,249 a. Passage of a clinical-category qualifying national exam; or

SB391,,250 b. Licensure of the applicant in their home state at the clinical category, beginning prior to such time as a qualifying national exam was required by the home state and accompanied by a period of continuous social work licensure thereafter, all of which may be further governed by the rules of the commission; or

SB391,,251 c. The substantial equivalency of the foregoing competency requirements which the commission may determine by rule.

SB391,,252 3. Attain at least a master’s degree in social work from a program that is:

SB391,,253 a. Operated by a college or university recognized by the licensing authority; and

SB391,,254 b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either the Council for Higher Education Accreditation or its successor; or the United States department of education.

SB391,,255 4. Fulfill a practice requirement, which shall be satisfied by demonstrating completion of either:

SB391,,256 a. A period of postgraduate supervised clinical practice equal to a minimum of three thousand hours; or

SB391,,257 b. A minimum of two years of full-time postgraduate supervised clinical practice; or

SB391,,258 c. The substantial equivalency of the foregoing practice requirements which the commission may determine by rule.

SB391,,259 (c) An applicant for a master’s-category multistate license must meet all of the following requirements:

SB391,,260 1. Fulfill a competency requirement, which shall be satisfied by either:

SB391,,261 a. Passage of a masters-category qualifying national exam;

SB391,,262 b. Licensure of the applicant in their home state at the master’s category, beginning prior to such time as a qualifying national exam was required by the home state at the master’s category and accompanied by a continuous period of social work licensure thereafter, all of which may be further governed by the rules of the commission; or

SB391,,263 c. The substantial equivalency of the foregoing competency requirements which the commission may determine by rule.

SB391,,264 2. Attain at least a master’s degree in social work from a program that is:

SB391,,265 a. Operated by a college or university recognized by the licensing authority; and

SB391,,266 b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either the Council for Higher Education Accreditation or its successor; or the United States department of education.

SB391,,267 (d) An applicant for a bachelor’s-category multistate license must meet all of the following requirements:

SB391,,268 1. Fulfill a competency requirement, which shall be satisfied by either:

SB391,,269 a. Passage of a bachelor’s-category qualifying national exam;

SB391,,270 b. Licensure of the applicant in their home state at the bachelor’s category, beginning prior to such time as a qualifying national exam was required by the home state and accompanied by a period of continuous social work licensure thereafter, all of which may be further governed by the rules of the commission; or

SB391,,271 c. The substantial equivalency of the foregoing competency requirements which the commission may determine by rule.

SB391,,272 2. Attain at least a bachelor’s degree in social work from a program that is:

SB391,,273 a. Operated by a college or university recognized by the licensing authority; and

SB391,,274 b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either the Council for Higher Education Accreditation or its successor; or the United States department of education.

SB391,,275 (e) The multistate license for a regulated social worker is subject to the renewal requirements of the home state. The regulated social worker must maintain compliance with the requirements of par. (a) to be eligible to renew a multistate license.

SB391,,276 (f) The regulated social worker’s services in a remote state are subject to that member state’s regulatory authority. A remote state may, in accordance with due process and that member state’s laws, remove a regulated social worker’s multistate authorization to practice in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens.

SB391,,277 (g) If a multistate license is encumbered, the regulated social worker’s multistate authorization to practice shall be deactivated in all remote states until the multistate license is no longer encumbered.

SB391,,278 (h) If a multistate authorization to practice is encumbered in a remote state, the regulated social worker’s multistate authorization to practice may be deactivated in that state until the multistate authorization to practice is no longer encumbered.

SB391,,279 (5) Issuance of a multistate license. (a) Upon receipt of an application for multistate license, the home state licensing authority shall determine the applicant’s eligibility for a multistate license in accordance with sub. (4).

SB391,,280 (b) If such applicant is eligible pursuant to sub. (4), the home state licensing authority shall issue a multistate license that authorizes the applicant or regulated social worker to practice in all member states under a multistate authorization to practice.

SB391,,281 (c) Upon issuance of a multistate license, the home state licensing authority shall designate whether the regulated social worker holds a multistate license in the bachelor’s, master’s, or clinical category of social work.

SB391,,282 (d) A multistate license issued by a home state to a resident in that state shall be recognized by all compact member states as authorizing social work practice under a multistate authorization to practice corresponding to each category of licensure regulated in each member state.

SB391,,283 (6) Authority of interstate compact commission and member state licensing authorities. (a) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of social work in that state, where those laws, regulations, or other rules are not inconsistent with the provisions of this compact.

SB391,,284 (b) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.

SB391,,285 (c) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to take adverse action against a licensee’s single state license to practice social work in that state.

SB391,,286 (d) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a remote state to take adverse action against a licensee’s multistate authorization to practice in that state.

SB391,,287 (e) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a licensee’s home state to take adverse action against a licensee’s multistate license based upon information provided by a remote state.