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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature Second Regular Session |
Senate: HHS DPA 7-0-0-0| 3rd Read 21-7-2-0
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SB 1036: social work compact
Sponsor: Senator Shope, LD 16
Transmitted to the Governor
Overview
Adopts the Social Work Licensure Compact (Compact) to facilitate interstate practice of regulated social workers by improving public access to competent social work services. Creates the Social Work Licensure Compact Commission (Commission).
History
Laws 1988, Chapter 313 created the Arizona Board of Behavioral Health Examiners (AzBBHE) to regulate professionals in the fields of Social Work, Professional Counseling and Marriage and Family Therapy. There are three types of social workers licensed by AzBBHE: 1) baccalaureate social workers (BSW); 2) master social workers (MSW); and 3) clinical social workers (CSW) (A.R.S. §§ 32-3251 and 32-3253).
BSW licensees must obtain a baccalaureate degree in social work from a regionally accredited college or university in a program accredited by the Council on Social Work Education (CSWE) or an equivalent foreign degree as determined by the Foreign Equivalency Determination Service of the CSWE to be licensed. MSW and CSW licensees must have a master's or higher degree in social work from a regionally accredited college or university in a program accredited by the CSWE or an equivalent foreign degree as determined by the Foreign Equivalency Determination Service of the CSWE. All social work licensees must receive a passing score on an approved examination for the level of licensure requested within 12 months after receiving written examination authorization from the AzBBHE (A.R.S. §§ 32-3291, 32-3292 and 32-3293).
AzBBHE administrative rules outline the supervised work experience requirements for CSWs. Specifically, CSWs must demonstrate completion of at least 3200 hours of supervised work experience in the practice of clinical social work in no less than 24 months. Supervised work experience in the practice of clinical social work includes: 1) at least 1600 hours of direct client contact involving the use of psychotherapy; 2) no more than 400 of the 1600 hours of direct client contact are in psychoeducation; 3) at least 100 hours of clinical supervision; and 4) no more than 1600 hours of indirect client contact related to psychotherapy services. There is no supervised work experience requirement for licensure as a BSW or MSW. These professionals can only engage in clinical practice under direct supervision as prescribed by AzBBHE (4 A.A.C. 6).
According to the Council of State Governments, Missouri and South Dakota are the only states that have adopted the Compact though legislation is currently pending in 25 states (Council of State Governments).
Provisions
Purpose
1.
Declares that the purpose of the
Compact is to facilitate the interstate practice of social workers by improving
public access to competent social work services. (Sec.
1)
2. Declares that the Compact preserves the regulatory authority of the states to protect public health and safety through the current system of state licensure. (Sec. 1)
3. Outlines the objectives the Compact is designed to achieve. (Sec. 1)
State Participation in the Compact
4. States that in order to participate in the Compact, a potential member state must currently meet all of the following criteria:
a) license and regulate the practice of social work at either the clinical, master's or bachelor's category;
b) require license applicants to graduate from a program that is operated by a recognized college or university or accredited by a recognized accrediting agency;
c) require license applicants to complete a period of supervised practice; and
d) have a mechanism in place for receiving, investigating and adjudicating complaints about licensees. (Sec. 1)
5. States that in order to maintain membership in the Compact, a member state must do all of the following:
a) require applicants for a multistate license to pass a qualifying national exam for the corresponding category of license sought;
b) participate fully in the Commission's data system, including using the Commission's unique identifier;
c) notify the Commission of any adverse action or the availability of investigative information regarding a licensee;
d) implement or use procedures for considering the criminal history records of applicants for an initial privilege to practice, including 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, as outlined;
e) comply with the rules of the Commission;
f) 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;
g) authorize a licensee holding a multistate license in any member state to practice in accordance with the terms of the Compact and Commission rules; and
h) designate a delegate to participate in the Commission meetings. (Sec. 1)
6. Requires a member state to designate the categories of social work licensure that are eligible for issuance of a multistate license. (Sec. 1)
7. Permits a state that does not meet Compact requirements for participation in any particular category to choose to issue a multistate license to qualified applicants for licensure in such category. (Sec. 1)
8. Permits a home state to charge a fee for a multistate license. (Sec. 1)
Social Worker Participation in the Compact
9. Specifies that in order to be eligible for a multistate license under the Compact, regardless of category, an applicant must:
a) hold or be eligible for an active, unencumbered license in the home state;
b) pay any applicable fees, including any state fee for the multistate license;
c) submit fingerprints or other biometric data for purposes of a criminal records check;
d) 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 after the date the action is taken;
e) meet any continuing competence requirements established by the home state; and
f) abide by the laws, regulations and applicable standards in the member state where the client is located at the time care is rendered. (Sec. 1)
10. Instructs applicants for a clinical-category multistate license to meet all of the following requirements:
a) fulfill a competency requirement, satisfied by passage of a clinical-category qualifying national exam, licensure in the applicant's home state or the substantial equivalent of foregoing competency requirements as determined by the Commission;
b) attain at least a master's degree in social work from a program that is operated by a recognized college or university and accredited by a recognized accrediting agency as outlined;
c) fulfill a practice requirement by way of postgraduate supervised clinical practice or the substantial equivalent of foregoing the practice requirements as determined by the Commission. (Sec. 1)
11. Requires an applicant for a master's category multistate license to:
a) fulfill a competency, satisfied by passage of a qualifying national exam, licensure in the applicant's home state or the substantial equivalent of foregoing competency requirements as determined by the Commission; and
b) attain at least a master's degree in social work from a program that is operated by a recognized college or university and accredited by a recognized accrediting agency, as outlined. (Sec. 1)
12. States that an applicant for a bachelor's-category multistate license must:
a) fulfill a competency requirement, satisfied by passage of a qualifying national exam, licensure in the applicant's home state or the substantial equivalent of foregoing competency requirements as determined by the Commission; and
b) attain at least a bachelor's degree in social work from a program that is operated by a recognized college or university and accredited by a recognized accrediting agency. (Sec. 1)
13. Subjects multistate licenses to the renewal requirements of the social worker's home state. (Sec. 1)
14. Directs a social worker to maintain compliance with Compact eligibility requirements to be eligible for renewal. (Sec. 1)
15. Subjects the social worker's services in a remote state to that state's regulatory authority. (Sec. 1)
16. Permits a remote state to remove a social worker's multistate authorization to practice in the state for a specified period of time, impose fines and take any other necessary actions to protect the health and safety of its citizens. (Sec. 1)
17. Deactivates a social worker's multistate authorization to practice upon encumbrance of the social worker's multistate license, in all states, until the license is no longer encumbered. (Sec. 1)
18. Specifies that, if a social worker's multistate authorization to practice is encumbered in a remote state, the social worker's multistate authorization to practice may be deactivated in that state until unencumbered. (Sec. 1)
Issuance of Multistate License
19. Requires the home state licensing authority to determine the applicant's eligibility for a multistate license on receipt of an application for a multistate license. (Sec. 1)
20. Authorizes the home state licensing authority to issue a multistate license that enables the applicant or regulated social worker to practice in all member states under a multistate authorization to practice. (Sec. 1)
21. States that on issuance of a multistate license the home state licensing authority must designate whether the regulated social worker holds a multistate license in the bachelor's, master's or clinical categories of social work. (Sec. 1)
22. Asserts that a multistate license issued by the home state to a resident must be recognized by all Compact member states as authorizing social work practice under a multistate authorization to practice corresponding to each licensure category regulated in each member state. (Sec. 1)
Authority of Interstate Compact Commission and Member State Licensing Authorities
23. States that the Compact and any rule of the Commission does not limit, restrict or reduce the ability of:
a) a member state to enact and enforce laws, regulations or other rules related to the practice of social work in that state if they are not inconsistent with the Compact;
b) a member state to take adverse action against a licensee's single state license to practice social work in that state;
c) a remote state to take adverse action against a licensee's multistate authorization to practice in that state; and
d) a licensee's home state to take adverse action against a licensee's multistate license based on information provided by a remote state. (Sec. 1)
24. Clarifies that the Compact does not affect requirements established by a member state for the issuance of a single state license. (Sec. 1)
Reissuance of a Multistate License by a New Home State
25. Permits a licensee to hold a multistate license in only one member state at a time. (Sec. 1)
26. Requires, if a licensee changes home state by moving between two member states:
a) the licensee to immediately apply for a reissued multistate license in the new home state and pay all applicable fees as well as notify the prior home state of the move;
b) the new home state, on receipt of an application for reissuance, to verify that the multistate license is active, unencumbered and eligible for reissuance under the Compact; and
c) the new home state, prior to reissuance of a multistate license, to conduct procedures for considering the criminal history records of the licensee. (Sec. 1)
27. Permits a new home state to require completion of jurisprudence requirements for licensees who change home state. (Sec. 1)
28. States that if a licensee does not meet the Compact requirements for reissuance, the licensee must be subject to the new home state requirements for issuance of a single-state license. (Sec. 1)
29. Subjects a licensee that moves from a member state to a nonmember state to the requirements for issuance of a single state license in the new state. (Sec. 1)
30. Clarifies that the Compact does not interfere with:
a) a licensee's ability to hold a single state license in multiple states; or
b) the requirements of a member state for the issuance of a single state license. (Sec. 1)
31. States that a licensee can have only one home state license and one multistate license. (Sec. 1)
Adverse Actions
32. Enables a home state the authority to:
a) take adverse action against a social worker's multistate authorization to practice only within that member state; and
b) issue subpoenas for both hearings and investigations that require attendance and testimony of witnesses, as well as the production of evidence. (Sec. 1)
33. Requires subpoenas issued by a state licensing authority to be enforced by the latter state by any court of competent jurisdiction. (Sec. 1)
34. Requires a state licensing authority issuing a subpoena to pay any witness fees, travel expenses, mileage and other fees required in the state the witness or evidence is located. (Sec. 1)
35. Provides home states the power to impose adverse action against a social worker's multistate license. (Sec. 1)
36. Specifies that, for purposes of taking adverse action, a home state must 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 and apply its own laws to determine appropriate action. (Sec. 1)
37. Requires a home state to complete any pending investigations of a social worker who changes primary state of residence during the course of the investigations. (Sec. 1)
38. Provides a home state the authority to take any appropriate action and promptly report the conclusions of the investigations to the administrator of the Commission data system. (Sec. 1)
39. Requires the administrator of the Commission data system to promptly notify the new home state of any adverse actions. (Sec. 1)
40. Permits member states to recover the costs of investigations and disposition of cases from the affected social worker. (Sec. 1)
41. Authorizes a member state to take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action. (Sec. 1)
42. Permits member states to conduct joint investigations of social workers. (Sec. 1)
43. Requires member states to share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation. (Sec. 1)
44. Specifies that a social worker's multistate authorization is deactivated, if any adverse action is taken by the licensee's home state, until all encumbrances on the license have been removed. (Sec. 1)
45. Directs that all home state disciplinary orders that impose adverse action against a social worker's license include a statement that the individual's multistate authorization is deactivated in all member states until all conditions of the decision, order or agreement are satisfied. (Sec. 1)
46. Requires a member state that takes adverse action to promptly notify the data system administrator. (Sec. 1)
47. Instructs the data system administrator to promptly notify the home state of any adverse actions by remote states. (Sec. 1)
48. States that the Compact does not override a member state's decision that participation in an alternative program may be used in lieu of adverse action. (Sec. 1)
49. Declares that the Compact does not 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 state. (Sec. 1)
Compact Commission
50. Creates and establishes a joint government agency whose membership consists of all member states that have enacted the Compact known as the Social Work Licensure Compact Commission. (Sec. 1)
51. Establishes the Commission on or after the effective date of the Compact, as provided in the Compact. (Sec. 1)
52. Specifies that the Commission is an instrumentality of all Compact states and not any one state. (Sec. 1)
53. Sets membership, powers, duties and requirements of the Commission. (Sec. 1)
54. Creates an executive committee with the power to act on behalf of the Commission. (Sec. 1)
55. Establishes membership, powers, duties and requirements of the executive committee. (Sec. 1)
56. Requires Commission meetings to be open to the public, with properly provided public notice. (Sec. 1)
57. Outlines hearing requirements and guidelines for meetings of the Commission and the executive committee. (Sec. 1)
58. Permits the Commission and the executive committee to convene for a closed, nonpublic meeting for legal advice or to discuss outlined topics. (Sec. 1)
59. Directs the Commission's presiding officer to state that a meeting will be closed and reference each relevant exempting provision. (Sec. 1)
60. Directs the Commission to keep minutes of meetings and provide a full and accurate summary of actions taken. (Sec. 1)
61. Outlines financial requirements and authorities of the Commission. (Sec. 1)
62. Holds harmless from liability the members, officers, executive director, employees and representatives of the Commission for any claim for damage to or loss of property, personal injury or other civil liability caused by an act, error or omission that occurred, unless the damage, loss, injury or liability was caused by the intentional, willful or wanton misconduct of that person. (Sec. 1)
63. Forbids insurance procured by the Commission from in any way compromising or limiting immunity granted under the Compact. (Sec. 1)
64. Requires the Commission to defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability for an act, error or omission that occurred within the scope of Commission employment, duties or responsibilities. (Sec. 1)
65. Permits a person to retain private counsel in any action against the person if the act was not a result of intentional, willful or wanton misconduct. (Sec. 1)
66. Directs the Commission to indemnify and hold harmless any member, officer, executive director, employee or Commission representative for the amount of any settlement or judgment obtained against that person arising out of an act, error or omission that occurred within the scope of Commission employment, duties or responsibilities if the act was not a result of intentional, willful or wanton misconduct. (Sec. 1)
67. Clarifies that the Compact:
a) does not limit the liability of any licensee for professional malpractice or misconduct, which is governed solely by state law;
b) does not waive or abrogate a member state's action immunity or state action affirmative defense with respect to antitrust claims under federal law or regulation; and
c) is not a waiver of sovereign immunity by the member states or the Commission. (Sec. 1)
Data System
68. Directs the Commission to develop, maintain and utilize a coordinated database and reporting system containing licensure, adverse action and investigative information on all licensed individuals in member states. (Sec. 1)
69. Requires member states to submit uniform data sets to the data system on all Compact individuals using a unique identifier that includes specified information. (Sec. 1)
70. Asserts that the certified records and information provided to member states under the Compact or through the data system constitute the authenticated business records of the Commission and are entitled to any associated hearsay exception in any proceeding in a member state. (Sec. 1)
71. Restricts current significant investigative information pertaining to a licensee in any member state from being made available to nonmember states. (Sec. 1)
72. Deems it the responsibility of the member states to report any adverse action against a licensee and to monitor the database to determine whether action has been taken against a licensee. (Sec. 1)
73. Makes adverse action information for licensees available to all member states. (Sec. 1)
74. Permits member states that contribute information to the data system to designate confidential information that may not be shared without express permission. (Sec. 1)
75. Instructs any data system information that must be expunged to be removed from the data system. (Sec. 1)
Rulemaking
76. Requires the Commission to promulgate reasonable rules to implement and administer the purpose of the Compact effectively and efficiently. (Sec. 1)
77. Declares a rule invalid and without force or effect if a court of competent jurisdiction holds the rule invalid because the Commission acted beyond the scope of the Compact. (Sec. 1)
78. Stipulates that Commission rules have the force of law in each member state unless they conflict with the laws, regulations and standards of a member state. (Sec. 1)
79. States that Commission rules are ineffective to the extent of a conflict with the laws, regulations and standards of a member state. (Sec. 1)
80. Requires the Commission to exercise its rulemaking authorities pursuant to the Compact and rules established under the Compact. (Sec. 1)
81. Deems that the rules and amendments to the rules become binding on the day following adoption or the date specified in the rule or amendment, whichever is later. (Sec. 1)
82. Specifies that a rule has no further force or effect in any member state if a majority of the legislatures of the member states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the Compact, within four years of the adoption of the rule. (Sec. 1)
83. Requires rules to be adopted at a regular or special meeting. (Sec. 1)
84. Directs the Commission, before adopting a proposed rule, to hold a public hearing and allows persons to provide oral and written comments, data, facts, opinions and arguments. (Sec. 1)
85. Requires the Commission, before adopting a final rule, to file a notice of proposed rulemaking at least 30 days before the meeting at which the rule will be considered and voted on, with notice provided on the website of:
a) the Commission or other publicly accessible platform; and
b) each member state's professional counseling licensing board or other publicly accessible platform in which each state would otherwise publish proposed rules. (Sec. 1)
86. Outlines requirements for notices of proposed rulemaking. (Sec. 1)
87. Requires all hearings to be recorded and made available to the public, along with all written comments and documents received by the Commission in response to the proposed rule. (Sec. 1)
88. Directs the Commission to:
a) take final action on a proposed rule by majority vote and determine the effective date of the rule, no longer than 30 days after noticing the adopted or amended rule; and
b) provide an explanation of the reasons for the substantive changes made to the proposed rule as well as an explanation of why changes recommended by commenters were not made. (Sec. 1)
89. Outlines Commission guidelines for convening hearings. (Sec. 1)
90. Permits the Commission to proceed with adopting a proposed rule without a public hearing if no written notice of intent to attend the public hearing by interested parties is received. (Sec. 1)
91. Allows the Commission to consider and adopt an emergency rule with 48-hours' notice, with an opportunity for comment, if the Commission determines that an emergency exists and usual rulemaking procedures provided in the Compact are retroactively applied as soon as reasonably possible, within 90 days. (Sec. 1)
92. Asserts that an emergency rule is one that must be adopted immediately in order to:
a) meet an imminent threat to public health, safety or welfare;
b) prevent a loss of Commission or member state funds;
c) meet a deadline for the adoption of an administrative rule established by federal law; or
d) protect public health and safety. (Sec. 1)
93. Permits the Commission or an authorized committee to direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. (Sec. 1)
94. Requires public notice of any revisions to be posted on the Commission website. (Sec. 1)
95. States that revisions are subject to challenge by any person for 30 days on the grounds that the revision results in a material change to a rule. (Sec. 1)
96. Requires any challenge to be made in writing and delivered to the Chairperson of the Commission before the end of the notice period. (Sec. 1)
97. Stipulates that the revision takes effect without further action if no challenge is made. (Sec. 1)
98. Specifies that, if the revision is challenged, the revision may not take effect without the approval of the Commission. (Sec. 1)
99. States that a member state's rulemaking requirements do not apply under the Compact. (Sec. 1)
Oversight, Dispute Resolution and Enforcement
100. Requires the executive and judicial branches of state government in each member state to enforce the Compact and take all actions necessary and appropriate to implement the Compact. (Sec. 1)
101. Requires judicial proceedings by or against the Commission to be brought exclusively in a court of competent jurisdiction where the principal office of the Commission is located. (Sec. 1)
102. Permits the Commission to waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. (Sec. 1)
103. States that the Compact does not affect or limit the selection or proprietary of venue in any action against a licensee for professional malpractice, misconduct or a similar matter. (Sec. 1)
104. Entitles the Commission to receive service of process as well as standing to intervene in a proceeding for all purposes. (Sec. 1)
105. Specifies that failure to provide service of process to the Commission renders a judgment or order void. (Sec. 1)
106. Directs the Commission, if a member state has defaulted in the performance of its obligations or responsibilities under the Compact, to:
a) provide written notice of default to the defaulting state and other member states, including the proposed means of curing the default and any other action to be taken by the Commission; and
b) provide remedial training and specific technical assistance regarding the default. (Sec. 1)
107. Allows a defaulting state that fails to cure a default to be terminated from the Compact, upon a majority vote of member states. (Sec. 1)
108. Specifies that curing a default does not relieve an offending state of obligations or liabilities incurred during the period of default. (Sec. 1)
109. Permits termination of Compact membership only after all other means of securing compliance have been exhausted. (Sec. 1)
110. Requires the Commission to provide notice of intent to suspend or terminate a state to the governor, the majority and minority leaders of the state's legislature and the licensing authorities of the defaulting state and each of the member states. (Sec. 1)
111. Specifies that a terminated state is responsible for all assessments, obligations and liabilities incurred, including obligations that extend beyond the effective date of termination. (Sec. 1)
112. Requires a state that terminates Compact membership to immediately provide notice to all licensees within the state. (Sec. 1)
113. Directs the terminated state to continue to recognize all licenses granted under the Compact for at least six months after the date of termination. (Sec. 1)
114. Prevents the Commission from bearing any costs related to a defaulting or terminated state, unless agreed to in writing between the Commission and the defaulting state. (Sec. 1)
115. Allows a defaulting state to appeal an action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. (Sec. 1)
116. Grants all costs of litigation, including reasonable attorney fees, to the prevailing party. (Sec. 1)
117. Requires the Commission to attempt to resolve Compact disputes between member states or member states and nonmember states upon request by a member state. (Sec. 1)
118. Requires the Commission to promulgate a rule providing for both mediation and binding dispute resolution. (Sec. 1)
119. Allows the Commission, by majority vote, to initiate legal action and seek injunctive relief and damages, in the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices, against a defaulting member state to enforce Compact compliance and rules. (Sec. 1)
120. States that Compact remedies are not the exclusive remedies of the Commission and that the Commission may pursue any other remedies available under federal or state law. (Sec. 1)
121. Authorizes a member state to initiate legal action and seek injunctive relief and damages against the Commission, in the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices, to enforce compliance with Compact terms and adopted rules. (Sec. 1)
122. Specifies that, if judicial enforcement is necessary, the prevailing party is awarded all costs of litigation, including reasonable attorney fees. (Sec. 1)
123. Prohibits any person from enforcing the Compact against the Commission. (Sec. 1)
Effective Date, Withdrawal and Amendment
124. Declares the Compact effective on the date on which the Compact statute is enacted into law by the seventh member state. (Sec. 1)
125. Requires the Commission to convene, on or after the effective date, and review the enactment of each of the first seven member states, known as the charter member states, to determine if the statute enacted by each charter member state is materially different than the model Compact statute. (Sec. 1)
126. Entitles a charter member state whose enactment is materially different than the model Compact statute to the default process established the Compact. (Sec. 1)
127. Specifies that, if a charter member state is later found to be in default or is terminated or withdraws from the Compact, the Commission remains in existence and the Compact remains in effect. (Sec. 1)
128. Subjects member states enacting the Compact after the seven initial charter member states to the Compact process for determining if enactments are materially different from the model Compact statute and whether a state qualifies for participation in the Compact. (Sec. 1)
129. Declares all actions taken prior to the effective date of the Compact or the Commission coming into existence, for the benefit of the Commission or in furtherance of Compact administration, to be actions of the Commission unless specifically repudiated by the Commission. (Sec. 1)
130. Specifies that any state that joins the Compact subsequent to the Commission's initial adoption of rules is subject to the rules in place on the effective date of the Compact. (Sec. 1)
131. States that any rule previously adopted by the Commission has the full force and effect of law on the effective date of the Compact. (Sec. 1)
132. Authorizes any member state to withdraw from the Compact by enacting a statute repealing the Compact. (Sec. 1)
133. Specifies that a member state's withdrawal does not:
a) take effect until 180 days after repealing the enacting statute; or
b) affect the continuing requirement of the withdrawing state's licensing authority to comply with the investigative and adverse action reporting requirements of the Compact before the date of withdrawal. (Sec. 1)
134. Requires a withdrawing state to immediately notify all licensees of withdrawal and continue to recognize all licenses granted under the Compact for at least 180 days. (Sec. 1)
135. States that the Compact does not invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the Compact. (Sec. 1)
136. Allows the Compact to be amended by the member states. (Sec. 1)
137. Specifies that a Compact amendment does not become effective until it is enacted by all member states. (Sec. 1)
Construction and Severability
138. Requires the Compact and the Commission's rulemaking authority to be liberally construed to effectuate the Compact's purposes, implementation and administration. (Sec. 1)
139. Requires the provisions of the Compact to be severable. (Sec. 1)
140. Asserts that, if any phrase, clause, sentence or provision of the Compact is declared to be contrary to the constitution of a member state, a state seeking Compact membership or the United States, the validity of the remainder of the Compact and the applicability to any government, agency, person or circumstance is not affected. (Sec. 1)
141. Allows the Commission to deny a state's participation in the Compact or terminate a member state's participation if it determines that a state constitutional requirement is a material departure from the Compact. (Sec. 1)
142. Specifies that, if the Compact is held to be contrary to the constitution of a member state, the Compact remains in full force and effect in:
a) the remaining member states; and
b) the affected member state as to all severable matters. (Sec. 1)
Consistent Effect and Conflict with Other State Laws
143. Directs licensees practicing with Compact privileges in a remote state to adhere to the laws and regulations, including scope of practice, of the remote state where the client is located at the time of care. (Sec. 1)
144. Clarifies that the Compact does not prevent the enforcement of any other law of a member state that is not inconsistent with the Compact. (Sec. 1)
145. States that any laws, statutes, regulations or other legal requirements of a member state that are in conflict with the Compact are superseded to the extent of the conflict. (Sec. 1)
146. Specifies that all agreements between the Commission and member states are binding in accordance with their terms. (Sec. 1)
Miscellaneous
147. Defines terms. (Sec. 1)
148.
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151. SB 1036
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