AB382: Bill Text

AB382,,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.

AB382,,288 (7) Reissuance of a multistate license by a new home state. (a) A licensee can hold a multistate license, issued by their home state, in only one member state at any given time.

AB382,,289 (b) If a licensee changes their home state by moving between two member states:

AB382,,290 1. The licensee shall immediately apply for the reissuance of their multistate license in their new home state. The licensee shall pay all applicable fees and notify the prior home state in accordance with the rules of the commission.

AB382,,291 2. Upon receipt of an application to reissue a multistate license, the new home state shall verify that the multistate license is active, unencumbered and eligible for reissuance under the terms of the compact and the rules of the commission. The multistate license issued by the prior home state will be deactivated and all member states notified in accordance with the applicable rules adopted by the commission.

AB382,,292 3. Prior to the reissuance of the multistate license, the new home state shall conduct procedures for considering the criminal history records of the licensee. 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.

AB382,,293 4. If required for initial licensure, the new home state may require completion of jurisprudence requirements in the new home state.

AB382,,294 5. Notwithstanding any other provision of this compact, if a licensee does not meet the requirements set forth in this compact for the reissuance of a multistate license by the new home state, then the licensee shall be subject to the new home state requirements for the issuance of a single state license in that state.

AB382,,295 (c) If a licensee changes their primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, then the licensee shall be subject to the state requirements for the issuance of a single state license in the new home state.

AB382,,296 (d) Nothing in this compact shall interfere with a licensee’s ability to hold a single state license in multiple states; however, for the purposes of this compact, a licensee shall have only one home state, and only one multistate license.

AB382,,297 (e) Nothing in this compact shall interfere with the requirements established by a member state for the issuance of a single state license.

AB382,,298 (8) Military families. An active military member or their spouse shall designate a home state where the individual has a multistate license. The individual may retain their home state designation during the period the service member is on active duty.

AB382,,299 (9) Adverse actions. (a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:

AB382,,300 1. Take adverse action against a regulated social worker’s multistate authorization to practice only within that member state, and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

AB382,,301 2. Only the home state shall have the power to take adverse action against a regulated social worker’s multistate license.

AB382,,302 (b) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

AB382,,303 (c) The home state shall complete any pending investigations of a regulated social worker who changes their home state during the course of the investigations. The home state shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.

AB382,,304 (d) A member state, if otherwise permitted by state law, may recover from the affected regulated social worker the costs of investigations and dispositions of cases resulting from any adverse action taken against that regulated social worker.

AB382,,305 (e) A member state may take adverse action based on the factual findings of another member state, provided that the member state follows its own procedures for taking the adverse action.

AB382,,306 (f) Joint investigations. 1. In addition to the authority granted to a member state by its respective social work practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.

AB382,,307 2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

AB382,,308 (g) If adverse action is taken by the home state against the multistate license of a regulated social worker, the regulated social worker’s multistate authorization to practice in all other member states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against the license of a regulated social worker shall include a statement that the regulated social worker’s multistate authorization to practice is deactivated in all member states until all conditions of the decision, order or agreement are satisfied.

AB382,,309 (h) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state and all other member states of any adverse actions by remote states.

AB382,,310 (i) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.

AB382,,311 (j) Nothing in this compact shall authorize a member state to demand the issuance of subpoenas for attendance and testimony of witnesses or the production of evidence from another member state for lawful actions within that member state.

AB382,,312 (k) Nothing in this compact shall authorize a member state to impose discipline against a regulated social worker who holds a multistate authorization to practice for lawful actions within another member state.

AB382,,313 (10) Establishment of social work licensure compact commission. (a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the social work licensure compact commission. The commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact as set forth in sub. (14).

AB382,,314 (b) Membership, voting, and meetings. 1. Each member state shall have and be limited to one (1) delegate selected by that member state’s state licensing authority.

AB382,,315 2. The delegate shall be either:

AB382,,316 a. A current member of the state licensing authority at the time of appointment, who is a regulated social worker or public member of the state licensing authority; or

AB382,,317 b. An administrator of the state licensing authority or their designee.

AB382,,318 3. The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.

AB382,,319 4. The commission may recommend removal or suspension any delegate from office.

AB382,,320 5. A member state’s state licensing authority shall fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy.

AB382,,321 6. Each delegate shall be entitled to one vote on all matters before the commission requiring a vote by commission delegates.

AB382,,322 7. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet by telecommunication, videoconference, or other means of communication.

AB382,,323 8. The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference or other similar electronic means.

AB382,,324 (c) The commission shall have the following powers:

AB382,,325 1. Establish the fiscal year of the commission;

AB382,,326 2. Establish code of conduct and conflict of interest policies;

AB382,,327 3. Establish and amend rules and bylaws;

AB382,,328 4. Maintain its financial records in accordance with the bylaws;

AB382,,329 5. Meet and take such actions as are consistent with the provisions of this compact, the commission’s rules, and the bylaws;

AB382,,330 6. Initiate and conclude legal proceedings or actions in the name of the commission, provided that the standing of any state licensing board to sue or be sued under applicable law shall not be affected;

AB382,,331 7. Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission’s behalf;

AB382,,332 8. Purchase and maintain insurance and bonds;

AB382,,333 9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

AB382,,334 10. Conduct an annual financial review;

AB382,,335 11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

AB382,,336 12. Assess and collect fees;

AB382,,337 13. Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest;

AB382,,338 14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;

AB382,,339 15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

AB382,,340 16. Establish a budget and make expenditures;

AB382,,341 17. Borrow money;

AB382,,342 18. Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;

AB382,,343 19. Provide and receive information from, and cooperate with, law enforcement agencies;

AB382,,344 20. Establish and elect an executive committee, including a chair and a vice chair;

AB382,,345 21. Determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact; and

AB382,,346 22. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.

AB382,,347 (d) The executive committee. 1. The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee shall include:

AB382,,348 a. Oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its rules and bylaws, and other such duties as deemed necessary;

AB382,,349 b. Recommend to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees;

AB382,,350 c. Ensure compact administration services are appropriately provided, including by contract;

AB382,,351 d. Prepare and recommend the budget;

AB382,,352 e. Maintain financial records on behalf of the commission;

AB382,,353 f. Monitor compact compliance of member states and provide compliance reports to the commission;

AB382,,354 g. Establish additional committees as necessary;

AB382,,355 h. Exercise the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and

AB382,,356 i. Other duties as provided in the rules or bylaws of the commission.

AB382,,357 2. The executive committee shall be composed of up to eleven (11) members:

AB382,,358 a. The chair and vice chair of the commission shall be voting members of the executive committee; and

AB382,,359 b. The commission shall elect five voting members from the current membership of the commission.

AB382,,360 c. Up to four (4) ex officio, nonvoting members from four (4) recognized national social work organizations.

AB382,,361 d. The ex officio members will be selected by their respective organizations.

AB382,,362 3. The commission may remove any member of the executive committee as provided in the commission’s bylaws.

AB382,,363 4. The executive committee shall meet at least annually.

AB382,,364 a. Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, nonpublic meeting as provided in par. (f) 2. below.

AB382,,365 b. The executive committee shall give seven (7) days’ notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the commission.

AB382,,366 c. The executive committee may hold a special meeting in accordance with par. (f) 1. b. below.

AB382,,367 (e) The commission shall adopt and provide to the member states an annual report.

AB382,,368 (f) Meetings of the commission. 1. All meetings shall be open to the public, except that the commission may meet in a closed, nonpublic meeting as provided in par. (f) 2. below.

AB382,,369 a. Public notice for all meetings of the full commission of meetings shall be given in the same manner as required under the rule-making provisions in sub. (12), except that the commission may hold a special meeting as provided in par. (f) 1. b. below.

AB382,,370 b. The commission may hold a special meeting when it must meet to conduct emergency business by giving 48 hours’ notice to all commissioners, on the commission’s website, and other means as provided in the commission’s rules. The commission’s legal counsel shall certify that the commission’s need to meet qualifies as an emergency.

AB382,,371 2. The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting for the commission or executive committee or other committees of the commission to receive legal advice or to discuss:

AB382,,372 a. Noncompliance of a member state with its obligations under the compact;

AB382,,373 b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees;

AB382,,374 c. Current or threatened discipline of a licensee by the commission or by a member state’s licensing authority;

AB382,,375 d. Current, threatened, or reasonably anticipated litigation;