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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
REVISED
AMENDED
social work compact
Purpose
Adopts the Social Work Licensure Compact (Compact), permitting social workers to obtain licensure in other Compact states. Establishes the Social Work Licensure Compact Commission (Commission).
Background
Social workers
in Arizona are licensed and overseen by the Arizona Board of Behavioral Health
Examiners (Board). The Board was established in 1989 to provide voluntary
certification to professionals in the fields of counseling, marriage and family
therapy, social work and substance abuse counseling. In 2003, the Legislature
established mandatory licensure for these four professions. The Board's
responsibilities include: 1) adopting rules to enforce requirements related to
the licensure of behavioral health professionals; 2) licensure of behavioral
professionals;
3) maintaining records of all licensed behavioral health professionals, all
actions taken on applications for licensure, and actions involving the renewal,
suspension, revocation or denial of a license; 4) conducting investigations to
determine whether a licensee or applicant has engaged in unprofessional
conduct, is mentally or physically unable to engage in the practice of
behavioral health; 5) conducting disciplinary actions; and 6) establishing a
licensure fee schedule annually, by a formal vote at a Board meeting (A.R.S.
§ 32-3253).
The practice of social work is the professional application of social work theories, principles, methods and techniques to: 1) treat mental, behavioral and emotional disorders; 2) assist individuals, families, groups and communities to enhance or restore the ability to function physically, socially, emotionally, mentally and economically; and 3) assess, appraise, diagnose, evaluate and treat individuals, couples, families and groups through the use of psychotherapy (A.R.S. § 32-3251).
The Compact was established in 2023 to allow social workers who have or are eligible for an active, unencumbered license in the Compact member state where they reside to apply for a multistate license. After verifying eligibility, the social worker is granted a multistate license which authorizes practice in all other Compact member states. To be eligible to apply for a multistate license, a social worker's home state must first join the Compact. After the social worker’s home state has joined the Compact, the social worker can apply for a multistate license through the state’s social work licensing board. The Compact is formally enacted after seven states have officially enacted the model Compact into law. Missouri is currently the only state to have adopted the Compact, though legislation is currently pending in 23 states.
The Joint Legislative Budget Committee fiscal note estimates that S.B. 1036 would increase licensed professional counselors licensing applications, resulting in additional operating costs for the Board. The Board also estimates the Compact could initially reduce the agency's licensing revenues if the fee charged to Compact licensees is lower than the fee currently charged to out-of-state licensees. However, the Board expects an overall minimal revenue impact once the Compact is established and additional licenses are approved. There may be an impact to the state General Fund, which receives 10 percent of revenues received by the Board. However, the magnitude of this impact cannot be determined in advance (JLBC).
Provisions
Purpose
1. States that the purpose of the Compact is to facilitate the interstate practice of social workers by improving public access to competent social work services.
2. States that the Compact preserves the regulatory authority of the states to protect public health and safety through the current system of state licensure.
3. Asserts that the Compact is designed to:
a) increase public access to social work services;
b) reduce overly burdensome and duplicative requirements associated with holding multiple licenses;
c) enhance the member states' ability to protect the public's health and safety;
d) encourage the cooperation of member states in regulating multistate practice;
e) promote mobility and address workforce shortages by eliminating the need for licenses in multiple states;
f) support military families;
g) facilitate the exchange of licensure and disciplinary information among member states;
h) authorize all member states to hold a social worker accountable for abiding by state laws, regulations and applicable professional standards; and
i) allow the use of telehealth to facilitate increased access to regulated social work services.
State Participation in the Compact
4. Requires a state, in order to participate and maintain membership in the Compact, to do each of the following:
a) license and regulate the practice of social work at 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;
d) have a mechanism in place for receiving, investigating and adjudicating complaints about licensees;
e) require applicants for a multistate license to pass a qualifying national exam for the corresponding category of license sought;
f) participate fully in the Commission's data system, including using the commission's unique identifier;
g) notify the Commission of any adverse action or the availability of investigative information regarding a licensee;
h) 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;
i) comply with Commission rules;
j) require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or licensure renewal, as well as all other applicable state laws;
k) authorize a licensee holding a multistate license in any member state to practice under Compact privilege; and
l) designate a delegate to participate in Commission meetings.
5. Requires a member state to designate the categories of social work licensure that are eligible for issuance of a multistate license.
6. Allows 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.
7. Allows a home state to charge a fee for a multistate license.
Social Worker Participation in the Compact
8. Requires, in order to be eligible for a multistate license under the Compact, applicants to:
a) hold or be eligible for an active, unencumbered license in the applicant's home state;
b) pay any applicable fees;
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;
e) meet any continuing competence requirements established by the home state; and
f) abide by the laws, regulations and applicable standards of the member state where the services are delivered.
9. Requires an applicant for a clinical-category multistate license to:
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; and
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 by rule.
10. Requires an applicant for a master's-category multistate license to:
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 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.
11. Requires an applicant for a bachelor's-category multistate license to:
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.
12. Subjects multistate licenses to the renewal requirements of the social worker's home state.
13. Requires a social worker to maintain compliance with Compact eligibility requirements to be eligible for renewal.
14. Subjects the social worker's services in a remote state to that state's regulatory authority.
15. Allows 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.
16. 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.
17. Stipulates 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.
Issuance of a Multistate License
18. Requires home state licensing authorities to:
a) determine each applicant's eligibility for a multistate license under the Compact;
b) issue multistate licenses to eligible applicants; and
c) designate the categories of multistate licenses.
19. Specifies that multistate licenses are 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.
Authority of Commission and Member States
20. States that the Compact does not affect requirements established by a member state for the issuance of a single state license.
21. 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.
Reissuance of a Multistate License by a New Home State
22. Allows a licensee to hold a multistate license in only one member state at a time.
23. 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.
24. Allows a new home state to require completion of jurisprudence requirements for licensees who change home state.
25. Subjects a licensee that moves states but does not meet the requirements of the Compact for a multistate license to the requirements for issuance of a single state license in the new home state.
26. 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.
27. Asserts 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.
28. Prohibits a licensee from holding more than one home state license and one multistate license.
Military Families
29. Requires an active military member or military member's spouse under the Compact to designate a home state where the licensee holds a multistate license.
30. Allows the licensee to retain home state license designation while the military member is on active duty.
Adverse Actions
31. Grants 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.
32. Requires subpoenas issued by a state licensing authority to be enforced by the latter state by any court of competent jurisdiction.
33. Directs 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.
34. Grants home states the exclusive power to impose adverse action against a social worker's multistate license.
35. Stipulates 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.
36. 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.
37. Grants 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.
38. Requires the administrator of the Commission data system to promptly notify the new home state of any adverse actions.
39. Allows a member state to recover the costs of investigations and disposition of cases from the affected social worker.
40. 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.
41. Allows member states to conduct joint investigations of social workers.
42. Requires member states to share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation.
43. Stipulates 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.
44. Requires 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.
45. Requires a member state that takes adverse action to promptly notify the data system administrator.
46. Requires the data system administrator to promptly notify the home state of any adverse actions by remote states.
47. 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.
48. Asserts 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.
Establishment of Compact Commission
49. Establishes a joint government agency, made up of all member states, known as the Social Work Licensure Compact Commission (Commission).
50. Asserts that the Commission is an instrumentality of all Compact states and not any one state.
51. Establishes the Commission on or after the effective date of the Compact, as provided in the Compact.
52. Outlines membership, powers, duties and requirements of the Commission.
53. Establishes an executive committee with the power to act on behalf of the Commission.
54. Outlines membership, powers, duties and requirements of the executive committee.
55. Requires Commission meetings to be open to the public, with properly provided public notice.
56. Prescribes hearing requirements and guidelines for meetings of the Commission and the executive committee.
57. Allows the Commission and the executive committee to convene for a closed, nonpublic meeting for legal advice or to discuss outlined topics.
58. Requires the Commission's presiding officer to state that a meeting will be closed and reference each relevant exempting provision.
59. Requires the Commission to keep minutes of meetings and provide a full and accurate summary of actions taken.
60. Prescribes financial requirements and authorities of the Commission.
61. 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.
62. Prohibits insurance procured by the Commission from in any way compromising or limiting immunity granted under the Compact.
63. 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.
64. Allows 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.
65. Requires 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.
66. Disclaims 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.
Data System
67. Requires 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.
68. Requires member states to submit uniform data sets to the data system on all Compact individuals using a unique identifier, including:
a) identifying information;
b) licensure data;
c) adverse actions against a license or Compact privilege;
d) nonconfidential information related to alternative program participation;
e) any denial of licensure and the reasons why;
f) the presence of current significant investigative information; and
g) other information that may facilitate Compact administration or the protection of the public.
69. 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.
70. Restricts current significant investigative information pertaining to a licensee in any member state from being made available to nonmember states.
71. Declares 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.
72. Makes adverse action information for licensees available to all member states.
73. Allows member states that contribute information to the data system to designate confidential information that may not be shared without express permission.
74. Requires any data system information that must be expunged to be removed from the data system.
Rulemaking
75. Requires the Commission to promulgate reasonable rules to effectively and efficiently implement and administer the purpose of the Compact.
76. Deems 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.
77. Specifies 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.
78. States that Commission rules are ineffective to the extent of a conflict with the laws, regulations and standards of a member state.
79. Requires the Commission to exercise its rulemaking authorities pursuant to the Compact and rules established under the Compact.
80. Declares that 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.
81. Stipulates 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.
82. Requires rules or rules amendments to be adopted at a regular or special meeting.
83. Requires the Commission, before adopting a proposed rule, to hold a public hearing and allow persons to provide oral and written comments, data, facts, opinion and arguments.
84. Directs 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.
85. Prescribes requirements for notices of proposed rulemaking.
86. 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.
87. Requires 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.
88. Prescribes Commission guidelines for convening hearings.
89. Allows 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.
90. Authorizes 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.
91. Specifies 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.
92. Allows 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.
93. Requires public notice of any revisions to be posted on the Commission website.
94. Specifies 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.
95. Requires any challenge to be made in writing and delivered to the Chairperson of the Commission before the end of the notice period.
96. Stipulates that the revision takes effect without further action if no challenge is made.
97. Stipulates that, if the revision is challenged, the revision may not take effect without the approval of the Commission.
98. Asserts that a member state's rulemaking requirements do not apply under the Compact.
Oversight, Dispute Resolution and Enforcement
99. 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.
100. 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.
101. Allows the Commission to waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
102. 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.
103. Entitles the Commission to receive service of process as well as standing to intervene in a proceeding for all purposes.
104. Specifies that failure to provide service of process to the Commission renders a judgment or order void.
105. Requires 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.
106. Allows a defaulting state that fails to cure a default to be terminated from the Compact, upon a majority vote of member states.
107. Specifies that curing a default does not relieve an offending state of obligations or liabilities incurred during the period of default.
108. Allows termination of Compact membership only after all other means of securing compliance have been exhausted.
109. 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.
110. Specifies that a terminated state is responsible for all assessments, obligations and liabilities incurred, including obligations that extend beyond the effective date of termination.
111. Requires a state that terminates Compact membership to immediately provide notice to all licensees within the state.
112. Directs the terminated state to continue to recognize all licenses granted under the Compact for at least six months after the date of termination.
113. 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.
114. 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.
115. Awards all costs of litigation, including reasonable attorney fees, to the prevailing party.
116. Requires the Commission to attempt to resolve Compact disputes between member states or member states and non-member states upon request by a member state.
117. Requires the Commission to promulgate a rule providing for both mediation and binding dispute resolution.
118. 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.
119. Asserts 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.
120. 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.
121. Specifies that, if judicial enforcement is necessary, the prevailing party is awarded all costs of litigation, including reasonable attorney fees.
122. Prohibits any person from enforcing the Compact against the Commission.
Effective Date, Withdrawal and Amendment
123. Enacts the Compact on the date that the Compact is enacted into law in the seventh member state.
124. 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.
125. Entitles a charter member state whose enactment is materially different than the model Compact statute to the default process established the Compact.
126. Stipulates 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.
127. 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.
128. Deems 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.
129. 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.
130. States that any rule previously adopted by the Commission has the full force and effect of law on the effective date of the Compact.
131. Authorizes any member state to withdraw from the Compact by enacting a statute repealing the Compact.
132. 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.
133. 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.
134. 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.
135. Permits the Compact to be amended by the member states.
136. Specifies that a Compact amendment does not become effective until it is enacted by all member states.
Construction and Severability
137. Requires the Compact and the Commission's rulemaking authority to be liberally construed to effectuate the Compact's purposes, implementation and administration.
138. Requires the provisions of the Compact to be severable.
139. Stipulates 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.
140. Authorizes 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.
141. Stipulates 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.
Consistent Effect and Conflict with Other State Laws
142. Requires 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.
143. Disclaims that the Compact does not prevent the enforcement of any other law of a member state that is not inconsistent with the Compact.
144. 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.
145. Specifies that all agreements between the Commission and member states are binding in accordance with their terms.
Miscellaneous
146. Defines terms.
147. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Makes technical changes.
Revised
· Updates the fiscal impact statement.
Senate Action
HHS 2/6/24 DPA 7-0-0
Prepared by Senate Research
February 20, 2024
MM/sdr/slp