SB391: Bill Text

SB391,28,1 2. Require applicants for licensure to graduate from a program that is:

SB391,28,2 a. Operated by a college or university recognized by the licensing authority;

SB391,28,6 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

SB391,28,7 c. Corresponds to the licensure sought as outlined in sub. (4).

SB391,28,9 3. Require applicants for clinical licensure to complete a period of supervised practice.

SB391,28,11 4. Have a mechanism in place for receiving, investigating, and adjudicating complaints about licensees.

SB391,28,12 (b) To maintain membership in the compact a member state shall:

SB391,28,15 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).

SB391,28,17 2. Participate fully in the commission's data system, including using the commission's unique identifier as defined in rules;

SB391,28,20 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;

SB391,29,2 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.

SB391,29,3 5. Comply with the rules of the commission;

SB391,29,6 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;

SB391,29,9 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

SB391,29,10 8. Designate a delegate to participate in the commission meetings.

SB391,29,17 (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.

SB391,29,18 (d) The home state may charge a fee for granting the multistate license.

SB391,29,21 (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:

SB391,29,22 1. Hold or be eligible for an active, unencumbered license in the home state;

SB391,29,23 2. Pay any applicable fees, including any state fee, for the multistate license;

SB391,30,2 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.

SB391,30,5 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.

SB391,30,7 5. Meet any continuing competence requirements established by the home state;

SB391,30,9 6. Abide by the laws, regulations, and applicable standards in the member state where the client is located at the time care is rendered.

SB391,30,11 (b) An applicant for a clinical-category multistate license must meet all of the following requirements:

SB391,30,12 2. Fulfill a competency requirement, which shall be satisfied by either:

SB391,30,13 a. Passage of a clinical-category qualifying national exam; or

SB391,30,17 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

SB391,30,19 c. The substantial equivalency of the foregoing competency requirements which the commission may determine by rule.

SB391,30,20 3. Attain at least a master's degree in social work from a program that is:

SB391,30,21 a. Operated by a college or university recognized by the licensing authority; and

SB391,30,24 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.

SB391,31,2 4. Fulfill a practice requirement, which shall be satisfied by demonstrating completion of either:

SB391,31,4 a. A period of postgraduate supervised clinical practice equal to a minimum of three thousand hours; or

SB391,31,6 b. A minimum of two years of full-time postgraduate supervised clinical practice; or

SB391,31,8 c. The substantial equivalency of the foregoing practice requirements which the commission may determine by rule.

SB391,31,10 (c) An applicant for a master's-category multistate license must meet all of the following requirements:

SB391,31,11 1. Fulfill a competency requirement, which shall be satisfied by either:

SB391,31,12 a. Passage of a masters-category qualifying national exam;

SB391,31,17 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

SB391,31,19 c. The substantial equivalency of the foregoing competency requirements which the commission may determine by rule.

SB391,31,20 2. Attain at least a master's degree in social work from a program that is:

SB391,31,21 a. Operated by a college or university recognized by the licensing authority; and

SB391,31,24 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.

SB391,32,2 (d) An applicant for a bachelor's-category multistate license must meet all of the following requirements:

SB391,32,3 1. Fulfill a competency requirement, which shall be satisfied by either:

SB391,32,4 a. Passage of a bachelor's-category qualifying national exam;

SB391,32,8 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

SB391,32,10 c. The substantial equivalency of the foregoing competency requirements which the commission may determine by rule.

SB391,32,11 2. Attain at least a bachelor's degree in social work from a program that is:

SB391,32,12 a. Operated by a college or university recognized by the licensing authority; and

SB391,32,15 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.

SB391,32,19 (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.

SB391,32,25 (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.

SB391,33,3 (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.

SB391,33,7 (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.

SB391,33,10 (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).

SB391,33,14 (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.

SB391,33,17 (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.

SB391,33,21 (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.

SB391,34,2 (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.

SB391,34,4 (b) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.

SB391,34,7 (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.

SB391,34,10 (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.

SB391,34,14 (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.

SB391,34,17 (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.

SB391,34,19 (b) If a licensee changes their home state by moving between two member states:

SB391,34,22 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.

SB391,35,2 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.

SB391,35,8 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.

SB391,35,10 4. If required for initial licensure, the new home state may require completion of jurisprudence requirements in the new home state.

SB391,35,14 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.

SB391,35,18 (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.

SB391,35,21 (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.

SB391,35,23 (e) Nothing in this compact shall interfere with the requirements established by a member state for the issuance of a single state license.

SB391,36,2 (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.

SB391,36,5 (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:

SB391,36,16 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.

SB391,36,18 2. Only the home state shall have the power to take adverse action against a regulated social worker's multistate license.

SB391,36,22 (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.

SB391,37,3 (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.

SB391,37,6 (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.

SB391,37,9 (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.

SB391,37,13 (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.

SB391,37,16 2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

SB391,37,24 (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.

SB391,38,4 (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.

SB391,38,6 (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.

SB391,38,9 (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.