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3. Prior to the reissuance of the multistate license, the new home state shall
12conduct procedures for considering the criminal history records of the licensee. Such
13procedures shall include the submission of fingerprints or other biometric-based
14information by applicants for the purpose of obtaining an applicant's criminal
15history record information from the federal bureau of investigation and the agency
16responsible for retaining that state's criminal records.
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4. If required for initial licensure, the new home state may require completion
18of jurisprudence requirements in the new home state.
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5. Notwithstanding any other provision of this compact, if a licensee does not
20meet the requirements set forth in this compact for the reissuance of a multistate
21license by the new home state, then the licensee shall be subject to the new home
22state requirements for the issuance of a single state license in that state.
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(c) If a licensee changes their primary state of residence by moving from a
24member state to a nonmember state, or from a nonmember state to a member state,
1then the licensee shall be subject to the state requirements for the issuance of a single
2state license in the new home state.
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(d) Nothing in this compact shall interfere with a licensee's ability to hold a
4single state license in multiple states; however, for the purposes of this compact, a
5licensee shall have only one home state, and only one multistate license.
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(e) Nothing in this compact shall interfere with the requirements established
7by a member state for the issuance of a single state license.
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8(8) Military families. An active military member or their spouse shall
9designate a home state where the individual has a multistate license. The individual
10may retain their home state designation during the period the service member is on
11active duty.
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12(9) Adverse actions. (a) In addition to the other powers conferred by state law,
13a remote state shall have the authority, in accordance with existing state due process
14law, to:
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1. Take adverse action against a regulated social worker's multistate
16authorization to practice only within that member state, and issue subpoenas for
17both hearings and investigations that require the attendance and testimony of
18witnesses as well as the production of evidence. Subpoenas issued by a licensing
19authority in a member state for the attendance and testimony of witnesses or the
20production of evidence from another member state shall be enforced in the latter
21state by any court of competent jurisdiction, according to the practice and procedure
22of that court applicable to subpoenas issued in proceedings pending before it. The
23issuing licensing authority shall pay any witness fees, travel expenses, mileage, and
24other fees required by the service statutes of the state in which the witnesses or
25evidence are located.
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12. Only the home state shall have the power to take adverse action against a
2regulated social worker's multistate license.
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(b) For purposes of taking adverse action, the home state shall give the same
4priority and effect to reported conduct received from a member state as it would if
5the conduct had occurred within the home state. In so doing, the home state shall
6apply its own state laws to determine appropriate action.
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(c) The home state shall complete any pending investigations of a regulated
8social worker who changes their home state during the course of the investigations.
9The home state shall also have the authority to take appropriate action(s) and shall
10promptly report the conclusions of the investigations to the administrator of the data
11system. The administrator of the data system shall promptly notify the new home
12state of any adverse actions.
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(d) A member state, if otherwise permitted by state law, may recover from the
14affected regulated social worker the costs of investigations and dispositions of cases
15resulting from any adverse action taken against that regulated social worker.
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(e) A member state may take adverse action based on the factual findings of
17another member state, provided that the member state follows its own procedures
18for taking the adverse action.
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(f)
Joint investigations. 1. In addition to the authority granted to a member
20state by its respective social work practice act or other applicable state law, any
21member state may participate with other member states in joint investigations of
22licensees.
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2. Member states shall share any investigative, litigation, or compliance
24materials in furtherance of any joint or individual investigation initiated under the
25compact.
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1(g) If adverse action is taken by the home state against the multistate license
2of a regulated social worker, the regulated social worker's multistate authorization
3to practice in all other member states shall be deactivated until all encumbrances
4have been removed from the multistate license. All home state disciplinary orders
5that impose adverse action against the license of a regulated social worker shall
6include a statement that the regulated social worker's multistate authorization to
7practice is deactivated in all member states until all conditions of the decision, order
8or agreement are satisfied.
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(h) If a member state takes adverse action, it shall promptly notify the
10administrator of the data system. The administrator of the data system shall
11promptly notify the home state and all other member states of any adverse actions
12by remote states.
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(i) Nothing in this compact shall override a member state's decision that
14participation in an alternative program may be used in lieu of adverse action.
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(j) Nothing in this compact shall authorize a member state to demand the
16issuance of subpoenas for attendance and testimony of witnesses or the production
17of evidence from another member state for lawful actions within that member state.
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(k) Nothing in this compact shall authorize a member state to impose discipline
19against a regulated social worker who holds a multistate authorization to practice
20for lawful actions within another member state.
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21(10) Establishment of social work licensure compact commission. (a) The
22compact member states hereby create and establish a joint government agency
23whose membership consists of all member states that have enacted the compact
24known as the social work licensure compact commission. The commission is an
25instrumentality of the compact states acting jointly and not an instrumentality of
1any one state. The commission shall come into existence on or after the effective date
2of the compact as set forth in sub. (14).
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(b)
Membership, voting, and meetings. 1. Each member state shall have and
4be limited to one (1) delegate selected by that member state's state licensing
5authority.
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2. The delegate shall be either:
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a. A current member of the state licensing authority at the time of appointment,
8who is a regulated social worker or public member of the state licensing authority;
9or
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b. An administrator of the state licensing authority or their designee.
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3. The commission shall by rule or bylaw establish a term of office for delegates
12and may by rule or bylaw establish term limits.
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4. The commission may recommend removal or suspension any delegate from
14office.
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5. A member state's state licensing authority shall fill any vacancy of its
16delegate occurring on the commission within 60 days of the vacancy.