SF 4076

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/08/2024 09:59am

A bill for an act
relating to health occupations; creating a social work services interstate compact;
proposing coding for new law in Minnesota Statutes, chapter 148E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [148E.40] PURPOSE.
new text end

new text begin (a) 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.
new text end

new text begin (b) This Compact is designed to achieve the following objectives:
new text end

new text begin (1) increase public access to social work services;
new text end

new text begin (2) reduce overly burdensome and duplicative requirements associated with holding
multiple licenses;
new text end

new text begin (3) enhance the member states' ability to protect the public's health and safety;
new text end

new text begin (4) encourage the cooperation of member states in regulating multistate practice;
new text end

new text begin (5) 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;
new text end

new text begin (6) support military families;
new text end

new text begin (7) facilitate the exchange of licensure and disciplinary information among member
states;
new text end

new text begin (8) 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
new text end

new text begin (9) allow for the use of telehealth to facilitate increased access to regulated social work
services.
new text end

Sec. 2.

new text begin [148E.41] DEFINITIONS.
new text end

new text begin As used in this Compact, and except as otherwise provided, the following definitions
shall apply:
new text end

new text begin (1) "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.
new text end

new text begin (2) "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.
new text end

new text begin (3) "Alternative program" means a nondisciplinary monitoring or practice remediation
process approved by a licensing authority to address practitioners with an impairment.
new text end

new text begin (4) "Charter member states" means member states who have enacted legislation to adopt
this Compact where such legislation predates the effective date of this Compact as described
in section 148E.53.
new text end

new text begin (5) "Compact" means sections 148E.40 to 148E.55.
new text end

new text begin (6) "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 section 148E.49, and which
shall operate as an instrumentality of the member states.
new text end

new text begin (7) "Current significant investigative information" means:
new text end

new text begin (i) 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
new text end

new text begin (ii) 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.
new text end

new text begin (8) "Data system" means a repository of information about licensees, including continuing
education, examinations, licensure, current significant investigative information, disqualifying
events, multistate licenses, and adverse action information or other information as required
by the Commission.
new text end

new text begin (9) "Disqualifying event" means any adverse action or incident which results in an
encumbrance that disqualifies or makes the licensee ineligible to obtain, retain, or renew a
multistate license.
new text end

new text begin (10) "Domicile" means the jurisdiction in which the licensee resides and intends to
remain indefinitely.
new text end

new text begin (11) "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.
new text end

new text begin (12) "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.
new text end

new text begin (13) "Home state" means the member state that is the licensee's primary domicile.
new text end

new text begin (14) "Impairment" means a condition 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.
new text end

new text begin (15) "Licensee" means an individual who currently holds a license from a state to practice
as a regulated social worker.
new text end

new text begin (16) "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.
new text end

new text begin (17) "Member state" means a state, commonwealth, district, or territory of the United
States of America that has enacted this Compact.
new text end

new text begin (18) "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.
new text end

new text begin (19) "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.
new text end

new text begin (20) "Qualifying national exam" means a national licensing examination approved by
the Commission.
new text end

new text begin (21) "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.
new text end

new text begin (22) "Remote state" means a member state other than the licensee's home state.
new text end

new text begin (23) "Rule" or "rule of the Commission" means a regulation or regulations duly
promulgated by the Commission, as authorized by the Compact, that has the force of law.
new text end

new text begin (24) "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.
new text end

new text begin (25) "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.
new text end

new text begin (26) "State" means any state, commonwealth, district, or territory of the United States
of America that regulates the practice of social work.
new text end

new text begin (27) "Unencumbered license" means a license that authorizes a regulated social worker
to engage in the full and unrestricted practice of social work.
new text end

Sec. 3.

new text begin [148E.42] STATE PARTICIPATION IN THE COMPACT.
new text end

new text begin (a) To be eligible to participate in the compact, a potential member state must currently
meet all of the following criteria:
new text end

new text begin (1) license and regulate the practice of social work at either the clinical, master's, or
bachelor's category;
new text end

new text begin (2) require applicants for licensure to graduate from a program that:
new text end

new text begin (i) is operated by a college or university recognized by the licensing authority;
new text end

new text begin (ii) is accredited, or in candidacy by an institution that subsequently becomes accredited,
by an accrediting agency recognized by either:
new text end

new text begin (A) the Council for Higher Education Accreditation, or its successor; or
new text end

new text begin (B) the United States Department of Education; and
new text end

new text begin (iii) corresponds to the licensure sought as outlined in section 148E.43;
new text end

new text begin (3) require applicants for clinical licensure to complete a period of supervised practice;
and
new text end

new text begin (4) have a mechanism in place for receiving, investigating, and adjudicating complaints
about licensees.
new text end

new text begin (b) To maintain membership in the Compact, a member state shall:
new text end

new text begin (1) require that applicants for a multistate license pass a qualifying national exam for
the corresponding category of multistate license sought as outlined in section 148E.43;
new text end

new text begin (2) participate fully in the Commission's data system, including using the Commission's
unique identifier as defined in rules;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (5) comply with the rules of the Commission;
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (8) designate a delegate to participate in the Commission meetings.
new text end

new text begin (c) A member state meeting the requirements of paragraphs (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 section 148E.43 for issuance of a
multistate license in such category or categories of licensure.
new text end

new text begin (d) The home state may charge a fee for granting the multistate license.
new text end

Sec. 4.

new text begin [148E.43] SOCIAL WORKER PARTICIPATION IN THE COMPACT.
new text end

new text begin (a) To be eligible for a multistate license under the terms and provisions of the Compact,
an applicant, regardless of category, must:
new text end

new text begin (1) hold or be eligible for an active, unencumbered license in the home state;
new text end

new text begin (2) pay any applicable fees, including any state fee, for the multistate license;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (5) meet any continuing competence requirements established by the home state; and
new text end

new text begin (6) abide by the laws, regulations, and applicable standards in the member state where
the client is located at the time care is rendered.
new text end

new text begin (b) An applicant for a clinical-category multistate license must meet all of the following
requirements:
new text end

new text begin (1) fulfill a competency requirement, which shall be satisfied by either:
new text end

new text begin (i) passage of a clinical-category qualifying national exam;
new text end

new text begin (ii) 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
new text end

new text begin (iii) the substantial equivalency of the foregoing competency requirements which the
Commission may determine by rule;
new text end

new text begin (2) attain at least a master's degree in social work from a program that is:
new text end

new text begin (i) operated by a college or university recognized by the licensing authority; and
new text end

new text begin (ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting
agency recognized by either:
new text end

new text begin (A) the Council for Higher Education Accreditation or its successor; or
new text end

new text begin (B) the United States Department of Education; and
new text end

new text begin (3) fulfill a practice requirement, which shall be satisfied by demonstrating completion
of:
new text end

new text begin (i) a period of postgraduate supervised clinical practice equal to a minimum of 3,000
hours;
new text end

new text begin (ii) a minimum of two years of full-time postgraduate supervised clinical practice; or
new text end

new text begin (iii) the substantial equivalency of the foregoing practice requirements which the
Commission may determine by rule.
new text end

new text begin (c) An applicant for a master's-category multistate license must meet all of the following
requirements:
new text end

new text begin (1) fulfill a competency requirement, which shall be satisfied by either:
new text end

new text begin (i) passage of a masters-category qualifying national exam;
new text end

new text begin (ii) 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
new text end

new text begin (iii) the substantial equivalency of the foregoing competency requirements which the
Commission may determine by rule; and
new text end

new text begin (2) attain at least a master's degree in social work from a program that is:
new text end

new text begin (i) operated by a college or university recognized by the licensing authority; and
new text end

new text begin (ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting
agency recognized by either:
new text end

new text begin (A) the Council for Higher Education Accreditation or its successor; or
new text end

new text begin (B) the United States Department of Education.
new text end

new text begin (d) An applicant for a bachelor's-category multistate license must meet all of the following
requirements:
new text end

new text begin (1) fulfill a competency requirement, which shall be satisfied by either:
new text end

new text begin (i) passage of a bachelor's-category qualifying national exam;
new text end

new text begin (ii) 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
new text end

new text begin (iii) the substantial equivalency of the foregoing competency requirements which the
Commission may determine by rule; and
new text end

new text begin (2) attain at least a bachelor's degree in social work from a program that is:
new text end

new text begin (i) operated by a college or university recognized by the licensing authority; and
new text end

new text begin (ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting
agency recognized by either:
new text end

new text begin (A) the Council for Higher Education Accreditation or its successor; or
new text end

new text begin (B) the United States Department of Education.
new text end

new text begin (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 paragraph (a) to be eligible to renew a multistate license.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

Sec. 5.

new text begin [148E.44] ISSUANCE OF A MULTISTATE LICENSE.
new text end

new text begin (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 section
148E.43.
new text end

new text begin (b) If such applicant is eligible pursuant to section 148E.43, 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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

Sec. 6.

new text begin [148E.45] AUTHORITY OF INTERSTATE COMPACT COMMISSION
AND MEMBER STATE LICENSING AUTHORITIES.
new text end

new text begin (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.
new text end

new text begin (b) Nothing in this Compact shall affect the requirements established by a member state
for the issuance of a single state license.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

Sec. 7.

new text begin [148E.46] REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME
STATE.
new text end

new text begin (a) A licensee can hold a multistate license, issued by their home state, in only one
member state at any given time.
new text end

new text begin (b) If a licensee changes their home state by moving between two member states:
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (4) If required for initial licensure, the new home state may require completion of
jurisprudence requirements in the new home state.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (e) Nothing in this Compact shall interfere with the requirements established by a member
state for the issuance of a single state license.
new text end

Sec. 8.

new text begin [148E.47] MILITARY FAMILIES.
new text end

new text begin 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.
new text end

Sec. 9.

new text begin [148E.48] ADVERSE ACTIONS.
new text end

new text begin (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:
new text end

new text begin (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; and
new text end

new text begin (2) only the home state shall have the power to take adverse action against a regulated
social worker's multistate license.
new text end

new text begin (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.
new text end

new text begin (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 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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (f) Joint investigations:
new text end

new text begin (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.
new text end

new text begin (2) Member states shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under the Compact.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

Sec. 10.

new text begin [148E.49] ESTABLISHMENT OF SOCIAL WORK LICENSURE
COMPACT COMMISSION.
new text end

new text begin (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 section 148E.53.
new text end

new text begin (b) Membership, voting, and meetings:
new text end

new text begin (1) Each member state shall have and be limited to one delegate selected by that member
state's state licensing authority.
new text end

new text begin (2) The delegate shall be either:
new text end

new text begin (i) 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
new text end

new text begin (ii) an administrator of the state licensing authority or their designee.
new text end

new text begin (3) The Commission shall by rule or bylaw establish a term of office for delegates and
may by rule or bylaw establish term limits.
new text end

new text begin (4) The Commission may recommend removal or suspension of any delegate from office.
new text end

new text begin (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.
new text end

new text begin (6) Each delegate shall be entitled to one vote on all matters before the Commission
requiring a vote by Commission delegates.
new text end

new text begin (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, video conference, or
other means of communication.
new text end

new text begin (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.
new text end

new text begin (c) The Commission shall have the following powers:
new text end

new text begin (1) establish the fiscal year of the Commission;
new text end

new text begin (2) establish code of conduct and conflict of interest policies;
new text end

new text begin (3) establish and amend rules and bylaws;
new text end

new text begin (4) maintain its financial records in accordance with the bylaws;
new text end

new text begin (5) meet and take such actions as are consistent with the provisions of this Compact, the
Commission's rules, and the bylaws;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (8) purchase and maintain insurance and bonds;
new text end

new text begin (9) borrow, accept, or contract for services of personnel, including but not limited to
employees of a member state;
new text end

new text begin (10) conduct an annual financial review;
new text end

new text begin (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;
new text end

new text begin (12) assess and collect fees;
new text end

new text begin (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;
new text end

new text begin (14) lease, purchase, retain, own, hold, improve, or use any property real, personal, or
mixed, or any undivided interest therein;
new text end

new text begin (15) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
new text end

new text begin (16) establish a budget and make expenditures;
new text end

new text begin (17) borrow money;
new text end

new text begin (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;
new text end

new text begin (19) provide and receive information from, and cooperate with, law enforcement agencies;
new text end

new text begin (20) establish and elect an Executive Committee, including a chair and a vice chair;
new text end

new text begin (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
new text end

new text begin (22) perform such other functions as may be necessary or appropriate to achieve the
purposes of this Compact.
new text end

new text begin (d) The Executive Committee:
new text end

new text begin (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:
new text end

new text begin (i) 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;
new text end

new text begin (ii) 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;
new text end

new text begin (iii) ensure Compact administration services are appropriately provided, including by
contract;
new text end

new text begin (iv) prepare and recommend the budget;
new text end

new text begin (v) maintain financial records on behalf of the Commission;
new text end

new text begin (vi) monitor Compact compliance of member states and provide compliance reports to
the Commission;
new text end

new text begin (vii) establish additional committees as necessary;
new text end

new text begin (viii) 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
new text end

new text begin (ix) other duties as provided in the rules or bylaws of the Commission.
new text end

new text begin (2) The Executive Committee shall be composed of up to 11 members:
new text end

new text begin (i) the chair and vice chair of the Commission shall be voting members of the Executive
Committee;
new text end

new text begin (ii) the Commission shall elect five voting members from the current membership of
the Commission;
new text end

new text begin (iii) up to four ex-officio, nonvoting members from four recognized national social work
organizations; and
new text end

new text begin (iv) the ex-officio members will be selected by their respective organizations.
new text end

new text begin (3) The Commission may remove any member of the Executive Committee as provided
in the Commission's bylaws.
new text end

new text begin (4) The Executive Committee shall meet at least annually.
new text end

new text begin (i) Executive Committee meetings shall be open to the public, except that the Executive
Committee may meet in a closed, nonpublic meeting as provided in paragraph (f), clause
(2).
new text end

new text begin (ii) The Executive Committee shall give seven 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.
new text end

new text begin (iii) The Executive Committee may hold a special meeting in accordance with paragraph
(f), clause (1), item (ii).
new text end

new text begin (e) The Commission shall adopt and provide to the member states an annual report.
new text end

new text begin (f) Meetings of the Commission:
new text end

new text begin (1) All meetings shall be open to the public, except that the Commission may meet in a
closed, nonpublic meeting as provided in paragraph (f), clause (2).
new text end

new text begin (i) Public notice for all meetings of the full Commission of meetings shall be given in
the same manner as required under the rulemaking provisions in section 148E.51, except
that the Commission may hold a special meeting as provided in paragraph (f), clause (1),
item (ii).
new text end

new text begin (ii) 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.
new text end

new text begin (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:
new text end

new text begin (i) noncompliance of a member state with its obligations under the Compact;
new text end

new text begin (ii) the employment, compensation, discipline, or other matters, practices, or procedures
related to specific employees;
new text end

new text begin (iii) current or threatened discipline of a licensee by the Commission or by a member
state's licensing authority;
new text end

new text begin (iv) current, threatened, or reasonably anticipated litigation;
new text end

new text begin (v) negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
new text end

new text begin (vi) accusing any person of a crime or formally censuring any person;
new text end

new text begin (vii) trade secrets or commercial or financial information that is privileged or confidential;
new text end

new text begin (viii) information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
new text end

new text begin (ix) investigative records compiled for law enforcement purposes;
new text end

new text begin (x) information related to any investigative reports prepared by or on behalf of or for
use of the Commission or other committee charged with responsibility of investigation or
determination of compliance issues pursuant to the Compact;
new text end

new text begin (xi) matters specifically exempted from disclosure by federal or member state law; or
new text end

new text begin (xii) other matters as promulgated by the Commission by rule.
new text end

new text begin (3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that
the meeting will be closed and reference each relevant exempting provision, and such
reference shall be recorded in the minutes.
new text end

new text begin (4) The Commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions taken, and
the reasons therefore, including a description of the views expressed. All documents
considered in connection with an action shall be identified in such minutes. All minutes and
documents of a closed meeting shall remain under seal, subject to release only by a majority
vote of the Commission or order of a court of competent jurisdiction.
new text end

new text begin (g) Financing of the Commission:
new text end

new text begin (1) The Commission shall pay, or provide for the payment of, the reasonable expenses
of its establishment, organization, and ongoing activities.
new text end

new text begin (2) The Commission may accept any and all appropriate revenue sources as provided
in paragraph (c), clause (13).
new text end

new text begin (3) The Commission may levy on and collect an annual assessment from each member
state and impose fees on licensees of member states to whom it grants a multistate license
to cover the cost of the operations and activities of the Commission and its staff, which
must be in a total amount sufficient to cover its annual budget as approved each year for
which revenue is not provided by other sources. The aggregate annual assessment amount
for member states shall be allocated based upon a formula that the Commission shall
promulgate by rule.
new text end

new text begin (4) The Commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the Commission pledge the credit of any of the member
states, except by and with the authority of the member state.
new text end

new text begin (5) The Commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the Commission shall be subject to the financial review and
accounting procedures established under its bylaws. However, all receipts and disbursements
of funds handled by the Commission shall be subject to an annual financial review by a
certified or licensed public accountant, and the report of the financial review shall be included
in and become part of the annual report of the Commission.
new text end

new text begin (h) Qualified immunity, defense, and indemnification:
new text end

new text begin (1) The members, officers, executive director, employees, and representatives of the
Commission shall be immune from suit and liability, both personally and in their official
capacity, for any claim for damage to or loss of property or personal injury or other civil
liability caused by or arising out of any actual or alleged act, error, or omission that occurred,
or that the person against whom the claim is made had a reasonable basis for believing
occurred within the scope of Commission employment, duties, or responsibilities, provided
that nothing in this paragraph shall be construed to protect any such person from suit or
liability for any damage, loss, injury, or liability caused by the intentional or willful or
wanton misconduct of that person. The procurement of insurance of any type by the
Commission shall not in any way compromise or limit the immunity granted hereunder.
new text end

new text begin (2) The Commission shall defend any member, officer, executive director, employee,
and representative of the Commission in any civil action seeking to impose liability arising
out of any actual or alleged act, error, or omission that occurred within the scope of
Commission employment, duties, or responsibilities, or as determined by the Commission
that the person against whom the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties, or responsibilities, provided that
nothing herein shall be construed to prohibit that person from retaining their own counsel
at their own expense, and provided further, that the actual or alleged act, error, or omission
did not result from that person's intentional or willful or wanton misconduct.
new text end

new text begin (3) The Commission shall indemnify and hold harmless any member, officer, executive
director, employee, and representative of the Commission for the amount of any settlement
or judgment obtained against that person arising out of any actual or alleged act, error, or
omission that occurred within the scope of Commission employment, duties, or
responsibilities, or that such person had a reasonable basis for believing occurred within
the scope of Commission employment, duties, or responsibilities, provided that the actual
or alleged act, error, or omission did not result from the intentional or willful or wanton
misconduct of that person.
new text end

new text begin (4) Nothing herein shall be construed as a limitation on the liability of any licensee for
professional malpractice or misconduct, which shall be governed solely by any other
applicable state laws.
new text end

new text begin (5) Nothing in this Compact shall be interpreted to waive or otherwise abrogate a member
state's state action immunity or state action affirmative defense with respect to antitrust
claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or
anticompetitive law or regulation.
new text end

new text begin (6) Nothing in this Compact shall be construed to be a waiver of sovereign immunity
by the member states or by the Commission.
new text end

Sec. 11.

new text begin [148E.50] DATA SYSTEM.
new text end

new text begin (a) The Commission shall provide for the development, maintenance, operation, and
utilization of a coordinated data system.
new text end

new text begin (b) The Commission shall assign each applicant for a multistate license a unique identifier,
as determined by the rules of the Commission.
new text end

new text begin (c) Notwithstanding any other provision of state law to the contrary, a member state
shall submit a uniform data set to the data system on all individuals to whom this Compact
is applicable as required by the rules of the Commission, including:
new text end

new text begin (1) identifying information;
new text end

new text begin (2) licensure data;
new text end

new text begin (3) adverse actions against a license and information related thereto;
new text end

new text begin (4) nonconfidential information related to alternative program participation, the beginning
and ending dates of such participation, and other information related to such participation
not made confidential under member state law;
new text end

new text begin (5) any denial of application for licensure, and the reason for such denial;
new text end

new text begin (6) the presence of current significant investigative information; and
new text end

new text begin (7) other information that may facilitate the administration of this Compact or the
protection of the public, as determined by the rules of the Commission.
new text end

new text begin (d) The records and information provided to a member state pursuant to this Compact
or through the data system, when certified by the Commission or an agent thereof, shall
constitute the authenticated business records of the Commission, and shall be entitled to
any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative
proceedings in a member state.
new text end

new text begin (e) Current significant investigative information pertaining to a licensee in any member
state will only be available to other member states.
new text end

new text begin (f) It is the responsibility of the member states to report any adverse action against a
licensee and to monitor the database to determine whether adverse action has been taken
against a licensee. Adverse action information pertaining to a licensee in any member state
will be available to any other member state.
new text end

new text begin (g) Member states contributing information to the data system may designate information
that may not be shared with the public without the express permission of the contributing
state.
new text end

new text begin (h) Any information submitted to the data system that is subsequently expunged pursuant
to federal law or the laws of the member state contributing the information shall be removed
from the data system.
new text end

Sec. 12.

new text begin [148E.51] RULEMAKING.
new text end

new text begin (a) The Commission shall promulgate reasonable rules in order to effectively and
efficiently implement and administer the purposes and provisions of the Compact. A rule
shall be invalid and have no force or effect only if a court of competent jurisdiction holds
that the rule is invalid because the Commission exercised its rulemaking authority in a
manner that is beyond the scope and purposes of the Compact, or the powers granted
hereunder, or based upon another applicable standard of review.
new text end

new text begin (b) The rules of the Commission shall have the force of law in each member state,
provided however that where the rules of the Commission conflict with the laws of the
member state that establish the member state's laws, regulations, and applicable standards
that govern the practice of social work as held by a court of competent jurisdiction, the rules
of the Commission shall be ineffective in that state to the extent of the conflict.
new text end

new text begin (c) The Commission shall exercise its rulemaking powers pursuant to the criteria set
forth in this section and the rules adopted thereunder. Rules shall become binding on the
day following adoption or the date specified in the rule or amendment, whichever is later.
new text end

new text begin (d) If a majority of the legislatures of the member states rejects a rule or portion of a
rule, by enactment of a statute or resolution in the same manner used to adopt the Compact
within four years of the date of adoption of the rule, then such rule shall have no further
force and effect in any member state.
new text end

new text begin (e) Rules shall be adopted at a regular or special meeting of the Commission.
new text end

new text begin (f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and
allow persons to provide oral and written comments, data, facts, opinions, and arguments.
new text end

new text begin (g) Prior to adoption of a proposed rule by the Commission, and at least 30 days in
advance of the meeting at which the Commission will hold a public hearing on the proposed
rule, the Commission shall provide a notice of proposed rulemaking:
new text end

new text begin (1) on the website of the Commission or other publicly accessible platform;
new text end

new text begin (2) to persons who have requested notice of the Commission's notices of proposed
rulemaking; and
new text end

new text begin (3) in such other way as the Commission may by rule specify.
new text end

new text begin (h) The notice of proposed rulemaking shall include:
new text end

new text begin (1) the time, date, and location of the public hearing at which the Commission will hear
public comments on the proposed rule and, if different, the time, date, and location of the
meeting where the Commission will consider and vote on the proposed rule;
new text end

new text begin (2) if the hearing is held via telecommunication, video conference, or other electronic
means, the Commission shall include the mechanism for access to the hearing in the notice
of proposed rulemaking;
new text end

new text begin (3) the text of the proposed rule and the reason therefor;
new text end

new text begin (4) a request for comments on the proposed rule from any interested person; and
new text end

new text begin (5) the manner in which interested persons may submit written comments.
new text end

new text begin (i) All hearings will be recorded. A copy of the recording and all written comments and
documents received by the Commission in response to the proposed rule shall be available
to the public.
new text end

new text begin (j) Nothing in this section 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 section.
new text end

new text begin (k) The Commission shall, by majority vote of all members, take final action on the
proposed rule based on the rulemaking record and the full text of the rule.
new text end

new text begin (1) The Commission may adopt changes to the proposed rule, provided the changes do
not enlarge the original purpose of the proposed rule.
new text end

new text begin (2) The Commission shall provide an explanation of the reasons for substantive changes
made to the proposed rule as well as reasons for substantive changes not made that were
recommended by commenters.
new text end

new text begin (3) The Commission shall determine a reasonable effective date for the rule. Except for
an emergency as provided in paragraph (l), the effective date of the rule shall be no sooner
than 30 days after issuing the notice that it adopted or amended the rule.
new text end

new text begin (l) Upon determination that an emergency exists, the Commission may consider and
adopt an emergency rule with 48 hours' notice, with opportunity to comment, provided that
the usual rulemaking procedures provided in the Compact and in this section 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:
new text end

new text begin (1) meet an imminent threat to public health, safety, or welfare;
new text end

new text begin (2) prevent a loss of Commission or member state funds;
new text end

new text begin (3) meet a deadline for the promulgation of a rule that is established by federal law or
rule; or
new text end

new text begin (4) protect public health and safety.
new text end

new text begin (m) The Commission or an authorized committee of the Commission may direct revisions
to a previously adopted rule 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 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.
new text end

new text begin (n) No member state's rulemaking requirements shall apply under this compact.
new text end

Sec. 13.

new text begin [148E.52] OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT.
new text end

new text begin (a) Oversight:
new text end

new text begin (1) The executive and judicial branches of state government in each member state shall
enforce this Compact and take all actions necessary and appropriate to implement the
Compact.
new text end

new text begin (2) Except as otherwise provided in this Compact, venue is proper and judicial
proceedings by or against the Commission shall be brought solely and exclusively in a court
of competent jurisdiction where the principal office of the Commission is located. The
Commission may waive venue and jurisdictional defenses to the extent it adopts or consents
to participate in alternative dispute resolution proceedings. Nothing herein shall affect or
limit the selection or propriety of venue in any action against a licensee for professional
malpractice, misconduct, or any such similar matter.
new text end

new text begin (3) The Commission shall be entitled to receive service of process in any proceeding
regarding the enforcement or interpretation of the Compact and shall have standing to
intervene in such a proceeding for all purposes. Failure to provide the Commission service
of process shall render a judgment or order void as to the Commission, this Compact, or
promulgated rules.
new text end

new text begin (b) Default, technical assistance, and termination:
new text end

new text begin (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 provide written notice to the defaulting state. The notice of default shall
describe the default, the proposed means of curing the default, and any other action that the
Commission may take, and shall offer training and specific technical assistance regarding
the default.
new text end

new text begin (2) The Commission shall provide a copy of the notice of default to the other member
states.
new text end

new text begin (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 delegates of the member
states, and all rights, privileges, and benefits conferred on that state 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.
new text end

new text begin (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, the defaulting state's state licensing authority, and each of the
member states' state licensing authority.
new text end

new text begin (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.
new text end

new text begin (f) Upon the termination of a state's membership from this Compact, that state shall
immediately provide notice to all licensees within that state of such termination. The
terminated state shall continue to recognize all licenses granted pursuant to this Compact
for a minimum of six months after the date of said notice of termination.
new text end

new text begin (g) 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.
new text end

new text begin (h) The defaulting state may appeal the action of the Commission by petitioning the
United States District Court for the District of Columbia or the federal district where the
Commission has its principal offices. The prevailing party shall be awarded all costs of such
litigation, including reasonable attorney's fees.
new text end

new text begin (i) Dispute resolution:
new text end

new text begin (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 nonmember
states.
new text end

new text begin (2) The Commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
new text end

new text begin (j) Enforcement:
new text end

new text begin (1) By majority vote as provided by rule, the Commission may initiate legal action
against a member state in default in the United States District Court for the District of
Columbia or the federal district where the Commission has its principal offices to enforce
compliance with the provisions of the Compact and its promulgated rules. The relief sought
may include both injunctive relief and damages. In the event judicial enforcement is
necessary, the prevailing party shall be awarded all costs of such litigation, including
reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the
Commission. The Commission may pursue any other remedies available under federal or
the defaulting member state's law.
new text end

new text begin (2) A member state may initiate legal action against the Commission in the United States
District Court for the District of Columbia or the federal district where the Commission has
its principal offices to enforce compliance with the provisions of the Compact and its
promulgated rules. The relief sought may include both injunctive relief and damages. In the
event judicial enforcement is necessary, the prevailing party shall be awarded all costs of
such litigation, including reasonable attorney's fees.
new text end

new text begin (3) No person other than a member state shall enforce this compact against the
Commission.
new text end

Sec. 14.

new text begin [148E.53] EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT.
new text end

new text begin (a) The Compact shall come into effect on the date on which the Compact statute is
enacted into law in the seventh member state.
new text end

new text begin (1) On or after the effective date of the Compact, the Commission shall convene and
review the enactment of each of the first seven member states ("charter member states") to
determine if the statute enacted by each such charter member state is materially different
than the model Compact statute.
new text end

new text begin (i) A charter member state whose enactment is found to be materially different from the
model Compact statute shall be entitled to the default process set forth in section 148E.52.
new text end

new text begin (ii) If any member state is later found to be in default, or is terminated or withdraws
from the Compact, the Commission shall remain in existence and the Compact shall remain
in effect even if the number of member states should be less than seven.
new text end

new text begin (2) Member states enacting the compact subsequent to the seven initial charter member
states shall be subject to the process set forth in section 148E.49, paragraph (c), clause (21),
to determine if their enactments are materially different from the model Compact statute
and whether they qualify for participation in the Compact.
new text end

new text begin (3) All actions taken for the benefit of the Commission or in furtherance of the purposes
of the administration of the Compact prior to the effective date of the Compact or the
Commission coming into existence shall be considered to be actions of the Commission
unless specifically repudiated by the Commission.
new text end

new text begin (4) Any state that joins the Compact subsequent to the Commission's initial adoption of
the rules and bylaws shall be subject to the rules and bylaws 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.
new text end

new text begin (b) Any member state may withdraw from this Compact by enacting a statute repealing
the same.
new text end

new text begin (1) A member state's withdrawal shall not take effect until 180 days after enactment of
the repealing statute.
new text end

new text begin (2) Withdrawal shall not affect the continuing requirement of the withdrawing state's
licensing authority to comply with the investigative and adverse action reporting requirements
of this Compact prior to the effective date of withdrawal.
new text end

new text begin (3) Upon the enactment of a statute withdrawing from this Compact, a state shall
immediately provide notice of such withdrawal to all licensees within that state.
Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing
state shall continue to recognize all licenses granted pursuant to this Compact for a minimum
of 180 days after the date of such notice of withdrawal.
new text end

new text begin (c) Nothing contained in this Compact shall be construed to invalidate or prevent any
licensure agreement or other cooperative arrangement between a member state and a
nonmember state that does not conflict with the provisions of this Compact.
new text end

new text begin (d) 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.
new text end

Sec. 15.

new text begin [148E.54] CONSTRUCTION AND SEVERABILITY.
new text end

new text begin (a) This Compact and the Commission's rulemaking authority shall be liberally construed
so as to effectuate the purposes, and the implementation and administration of the Compact.
Provisions of the Compact expressly authorizing or requiring the promulgation of rules
shall not be construed to limit the Commission's rulemaking authority solely for those
purposes.
new text end

new text begin (b) The provisions of this Compact shall be severable and if any phrase, clause, sentence,
or provision of this Compact is held by a court of competent jurisdiction to be contrary to
the constitution of any member state, a state seeking participation in the Compact, or of the
United States, or the applicability thereof to any government, agency, person or circumstance
is held to be unconstitutional by a court of competent jurisdiction, the validity of the
remainder of this Compact and the applicability thereof to any other government, agency,
person or circumstance shall not be affected thereby.
new text end

new text begin (c) Notwithstanding paragraph (b), the Commission may deny a state's participation in
the Compact or, in accordance with the requirements of section 148E.52, paragraph (b),
terminate a member state's participation in the Compact, if it determines that a constitutional
requirement of a member state is a material departure from the Compact. Otherwise, if this
Compact shall be held to be 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.
new text end

Sec. 16.

new text begin [148E.55] CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE
LAWS.
new text end

new text begin (a) A licensee providing services in a remote state under a multistate authorization to
practice shall adhere to the laws and regulations, including laws, regulations, and applicable
standards, of the remote state where the client is located at the time care is rendered.
new text end

new text begin (b) Nothing herein shall prevent or inhibit the enforcement of any other law of a member
state that is not inconsistent with the Compact.
new text end

new text begin (c) Any laws, statutes, regulations, or other legal requirements in a member state in
conflict with the Compact are superseded to the extent of the conflict.
new text end

new text begin (d) All permissible agreements between the Commission and the member states are
binding in accordance with their terms.
new text end