Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 44 First Substitute (2024GS)

Sponsor

Rep. Hollins, S.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• enacts the Social Work Licensure Compact; Ĥ→ [ and ] ←Ĥ
• provides rulemaking authority Ĥ→ [ . ] ; and 16a
• makes technical changes. ←Ĥ

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Thu, Jan 18, 2024 at 11:37 AM by housengrossing.
This document includes House Committee Amendments (CORRECTED) incorporated into the bill on Thu, Jan 18, 2024 at 1:04 PM by housengrossing.
This document includes House Committee Amendments (CORRECTED) incorporated into the bill on Fri, Jan 19, 2024 at 4:14 PM by housengrossing.
SOCIAL WORK LICENSURE COMPACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Sandra Hollins
Senate Sponsor: 
Todd D. Weiler
LONG TITLE
Committee Note:
The Health and Human Services Interim Committee recommended this bill.
Legislative Vote: 15 voting for 0 voting against 4 absent
General Description:
This bill enacts the Social Work Licensure Compact.
Highlighted Provisions:
This bill:
▸ enacts the Social Work Licensure Compact; 
Ĥ→ [
and
] ←Ĥ
▸ provides rulemaking authority 
Ĥ→ [
.
] 
; and
16a 
▸ makes technical changes.
 ←Ĥ
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-60-103.1
, as enacted by Laws of Utah 2022, Chapter 466
58-60-205
, as last amended by Laws of Utah 2023, Chapters 283, 339
ENACTS:
58-60b-101
, Utah Code Annotated 1953
58-60b-102
, Utah Code Annotated 1953
58-60b-103
, Utah Code Annotated 1953
58-60b-104
, Utah Code Annotated 1953
58-60b-105
, Utah Code Annotated 1953
58-60b-106
, Utah Code Annotated 1953
58-60b-107
, Utah Code Annotated 1953
58-60b-108
, Utah Code Annotated 1953
58-60b-109
, Utah Code Annotated 1953
58-60b-110
, Utah Code Annotated 1953
58-60b-111
, Utah Code Annotated 1953
58-60b-112
, Utah Code Annotated 1953
58-60b-113
, Utah Code Annotated 1953
58-60b-114
, Utah Code Annotated 1953
58-60b-115
, Utah Code Annotated 1953
58-60b-116
, Utah Code Annotated 1953
58-60b-201
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-60-103.1
 is amended to read:
58-60-103.1.
Criminal background check.
(1) An applicant for licensure under this chapter who requires a criminal background
check shall:
(a) submit fingerprint cards in a form acceptable to the division at the time the license
application is filed; and
(b) consent to a fingerprint background check conducted by the Bureau of Criminal
Identification and the Federal Bureau of Investigation regarding the application.
(2) The division shall:
(a) in addition to other fees authorized by this chapter, collect from each applicant
submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
Identification is authorized to collect for the services provided under Section 
53-10-108
 and the
fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
obtaining federal criminal history record information;
(b) submit from each applicant the fingerprint card and the fees described in
Subsection (2)(a) to the Bureau of Criminal Identification; and
(c) obtain and retain in division records a signed waiver approved by the Bureau of
Criminal Identification in accordance with Section 
53-10-108
 for each applicant.
(3) The Bureau of Criminal Identification shall, in accordance with the requirements of
Section 
53-10-108
:
(a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
and regional criminal records databases;
(b) forward the fingerprints to the Federal Bureau of Investigation for a national
criminal history background check; and
(c) provide the results from the state, regional, and nationwide criminal history
background checks to the division.
(4) For purposes of conducting a criminal background check required under this
section, the division shall have direct access to criminal background information maintained
under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
(5) The division may not:
(a) disseminate outside of the division any criminal history record information that the
division obtains from the Bureau of Criminal Identification or the Federal Bureau of
Investigation under the criminal background check requirements of this section; or
(b) issue a letter of qualification to participate in the Counseling Compact under
Chapter 60a, Counseling Compact, until the criminal background check described in this
section is completed[
.
]
; or
(c) issue a letter of qualification to participate in the Social Work Licensure Compact
under Chapter 60b, Social Work Licensure Compact, until the criminal background check
described in this section is completed.
Section 2. Section 
58-60-205
 is amended to read:
58-60-205.
Qualifications for licensure or certification as a clinical social worker,
certified social worker, and social service worker.
(1) An applicant for licensure as a clinical social worker shall:
(a) submit an application on a form provided by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) produce certified transcripts from an accredited institution of higher education
recognized by the division in collaboration with the board verifying satisfactory completion of
an education and an earned degree as follows:
(i) a master's degree in a social work program accredited by the Council on Social
Work Education or by the Canadian Association of Schools of Social Work; or
(ii) a doctoral degree that contains a clinical social work concentration and practicum
approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that is consistent with Section 
58-1-203
;
(d) have completed a minimum of 3,000 hours of clinical social work training as
defined by division rule under Section 
58-1-203
:
(i) under the supervision of a supervisor approved by the division in collaboration with
the board who is a:
(A) clinical mental health counselor;
(B) psychiatrist;
(C) psychologist;
(D) registered psychiatric mental health nurse practitioner;
(E) marriage and family therapist; or
(F) clinical social worker; and
(ii) including a minimum of two hours of training in suicide prevention via a course
that the division designates as approved;
(e) document successful completion of not less than 1,000 hours of supervised training
in mental health therapy obtained after completion of the education requirement in Subsection
(1)(c), which training may be included as part of the 3,000 hours of training in Subsection
(1)(d), and of which documented evidence demonstrates not less than 75 of the hours were
obtained under the direct supervision, as defined by rule, of a supervisor described in
Subsection (1)(d)(i);
(f) have completed a case work, group work, or family treatment course sequence with
a clinical practicum in content as defined by rule under Section 
58-1-203
;
(g) pass the examination requirement established by rule under Section 
58-1-203
; and
(h) if the applicant is applying to participate in the 
Ĥ→ [
Counseling Compact under Chapter
60a, Counseling Compact, 
or the
] ←Ĥ
Social Work Licensure Compact under Chapter 60b, Social
Work Licensure Compact,
 consent to a criminal background check in accordance with Section
58-60-103.1
 and any requirements established by division rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) An applicant for licensure as a certified social worker shall:
(a) submit an application on a form provided by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
; and
(c) produce certified transcripts from an accredited institution of higher education
recognized by the division in collaboration with the board verifying satisfactory completion of
an education and an earned degree as follows:
(i) a master's degree in a social work program accredited by the Council on Social
Work Education or by the Canadian Association of Schools of Social Work; or
(ii) a doctoral degree that contains a clinical social work concentration and practicum
approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that is consistent with Section 
58-1-203
.
(3) An applicant for licensure as a social service worker shall:
(a) submit an application on a form provided by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
; and
(c) produce certified transcripts from an accredited institution of higher education
recognized by the division in collaboration with the board verifying satisfactory completion of
an education and an earned degree as follows:
(i) a bachelor's degree in a social work program accredited by the Council on Social
Work Education or by the Canadian Association of Schools of Social Work;
(ii) a master's degree in a field approved by the division in collaboration with the
board;
(iii) a bachelor's degree in any field if the applicant:
(A) has completed at least three semester hours, or the equivalent, in each of the
following areas:
(I) social welfare policy;
(II) human growth and development; and
(III) social work practice methods, as defined by rule; and
(B) provides documentation that the applicant has completed at least 2,000 hours of
qualifying experience under the supervision of a mental health therapist, which experience is
approved by the division in collaboration with the board, and which is performed after
completion of the requirements to obtain the bachelor's degree required under this Subsection
[
(4)
] 
(3)
; or
(iv) successful completion of the first academic year of a Council on Social Work
Education approved master's of social work curriculum and practicum.
(4) The division shall ensure that the rules for an examination described under
Subsection (1)(g) allow additional time to complete the examination if requested by an
applicant who is:
(a) a foreign born legal resident of the United States for whom English is a second
language; or
(b) an enrolled member of a federally recognized Native American tribe.
Section 3. Section 
58-60b-101
 is enacted to read:
CHAPTER 60b. SOCIAL WORK LICENSURE COMPACT
Part 1. Compact Text
 58-60b-101.
Section 1 -- Purpose.
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.
This Compact is designed to achieve the following objectives:
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 necessity for
licenses in multiple States by providing for the mutual recognition of other Member State
licenses;
F. Support military families;
G. Facilitate the exchange of licensure and disciplinary information among Member
States;
H. 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
I. Allow for the use of telehealth to facilitate increased access to regulated Social Work
Services.
Section 4. Section 
58-60b-102
 is enacted to read:
 58-60b-102.
Section 2 -- Definitions.
As used in this Compact, and except as otherwise provided, the following definitions
shall apply:
A. "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.
B. "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.
C. "Alternative Program" means a non-disciplinary monitoring or practice remediation
process approved by a Licensing Authority to address practitioners with an Impairment.
D. "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 14.
E. "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 10, and which shall operate as
an instrumentality of the Member States.
F. "Current Significant Investigative Information" means:
1. 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
2. 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.
G. "Data System" means a repository of information about Licensees, including,
continuing education, examination, licensure, Current Significant Investigative Information,
Disqualifying Event, Multistate License(s) and Adverse Action information or other
information as required by the Commission.
H. "Domicile" means the jurisdiction in which the Licensee resides and intends to
remain indefinitely.
I. "Disqualifying Event" means any Adverse Action or incident which results in an
Encumbrance that disqualifies or makes the Licensee ineligible to either obtain, retain or renew
an Multistate License.
J. "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.
K. "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.
L. "Home State" means the Member State that is the Licensee's primary Domicile.
M. "Impairment" means a condition(s) 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.
N. "Licensee(s)" means an individual who currently holds a license from a State to
practice as a Regulated Social Worker.
O. "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.
P. "Member State" means a state, commonwealth, district, or territory of the United
States of America that has enacted this Compact.
Q. "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.
R. "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.
S. "Qualifying National Exam" means a national licensing examination approved by
the Commission.
T. "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.
U. "Remote State" means a Member State other than the Licensee's Home State.
V. "Rule(s)" or "Rule(s) of the Commission" means a regulation or regulations duly
promulgated by the Commission, as authorized by the Compact, that has the force of law.
W. "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.
X. "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.
Y. "State" means any state, commonwealth, district, or territory of the United States of
America that regulates the practice of Social Work.
Z. "Unencumbered License" means a license that authorizes a Regulated Social Worker
to engage in the full and unrestricted practice of Social Work.
Section 5. Section 
58-60b-103
 is enacted to read:
 58-60b-103.
Section 3 -- State participation in the Compact.
A. To be eligible to participate in the compact, a potential Member State must currently
meet all of the following criteria:
1. License and regulate the practice of Social Work at either the clinical, master's, or
bachelor's category.
2. Require applicants for licensure to graduate from a program that is:
a. Operated by a college or university recognized by the Licensing Authority;
b. Accredited, or in candidacy by an institution that subsequently becomes accredited,
by an accrediting agency recognized by either:
i. the Council for Higher Education Accreditation, or its successor; or
ii. the United States Department of Education; and
c. Corresponds to the licensure as outlined in Section 4.
3. Require applicants for clinical licensure to complete a period of supervised practice.
4. Have a mechanism in place for receiving, investigating, and adjudicating complaints
about Licensees.
B. To maintain membership in the Compact a Member State shall:
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 4;
2. Participate fully in the Commission's Data System, including using the
Commission's unique identifier as defined in Rules;
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;
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;
5. Comply with the Rules of the Commission;
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;
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
8. Designate a delegate to participate in the Commission meetings.
C. A Member State meeting the requirements of Section 3.A and 3.B of this Compact
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 4 for issuance
of a Multistate License in such category or categories of licensure.
D. The Home State may charge a fee for granting the Multistate License.
Section 6. Section 
58-60b-104
 is enacted to read:
 58-60b-104.
Section 4 -- Social Worker participation in the Compact.
A. To be eligible for an Multistate License under the terms and provisions of the
Compact, an applicant, regardless of category must:
1. Hold or be eligible for an active, Unencumbered License in the Home State;
2. Pay any applicable fees, including any State fee, for the Multistate License;
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;
4. Notify the Home State of any Adverse Action, Encumbrance, or restriction on any
professional license taken by any Member State or non-Member State within 30 days from the
date the action is taken;
5. Meet any continuing competence requirements established by the Home State; and
6. Abide by the laws, regulations, and applicable standards in the Member State where
the client is located at the time care is rendered.
B. An applicant for a clinical-category Multistate License must meet all of the
following requirements:
1. Fulfill a competency requirement, which shall be satisfied by either:
a. Passage of a clinical-category Qualifying National Exam; or
b. Licensure of the applicant in their Home State at the clinical category, beginning
prior to such time as a Qualifying National Exam was required by the Home State and
accompanied by a period of continuous Social Work licensure thereafter, all of which may be
further governed by the Rules of the Commission; or
c. The substantial equivalency of the foregoing competency requirements which the
Commission may determine by Rule.
2. Attain at least a master's degree in Social Work from a program that is:
a. Operated by a college or university recognized by the Licensing Authority; and
b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting
agency recognized by either:
i. the Council for Higher Education Accreditation or its successor; or
ii. the United States Department of Education.
3. Fulfill a practice requirement, which shall be satisfied by demonstrating completion
of either:
a. A period of postgraduate supervised clinical practice equal to a minimum of three
thousand hours; or
b. A minimum of two years of full-time postgraduate supervised clinical practice; or
c. The substantial equivalency of the foregoing practice requirements which the
Commission may determine by Rule.
C. An applicant for a master's-category Multistate License must meet all of the
following requirements:
1. Fulfill a competency requirement, which shall be satisfied by either:
a. Passage of a master's-category Qualifying National Exam;
b. Licensure of the applicant in their Home State at the master's category, beginning
prior to such time as a Qualifying National Exam was required by the Home State at the
master's category and accompanied by a continuous period of Social Work licensure thereafter,
all of which may be further governed by the Rules of the Commission; or
c. The substantial equivalency of the foregoing competency requirements which the
Commission may determine by Rule.
2. Attain at least a master's degree in Social Work from a program that is:
a. Operated by a college or university recognized by the Licensing Authority; and
b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting
agency recognized by either:
i. the Council for Higher Education Accreditation or its successor; or
ii. the United States Department of Education.
D. An applicant for a bachelor's category Multistate License must meet all of the
following requirements:
1. Fulfill a competency requirement, which shall be satisfied by either:
a. Passage of a bachelor's-category Qualifying National Exam;
b. Licensure of the applicant in their Home State at the bachelor's category, beginning
prior to such time as a Qualifying National Exam was required by the Home State and
accompanied by a period of continuous Social Work licensure thereafter, all of which may be
further governed by the Rules of the Commission; or
c. The substantial equivalency of the foregoing competency requirements which the
Commission may determine by Rule.
2. Attain at least a bachelor's degree in Social Work from a program that is:
a. Operated by a college or university recognized by the Licensing Authority; and
b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting
agency recognized by either:
i. the Council for Higher Education Accreditation or its successor; or
ii. the United States Department of Education.
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 Section 4(A) to be eligible to renew a Multistate License.
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.
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.
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.
Section 7. Section 
58-60b-105
 is enacted to read:
 58-60b-105.
 Section 5 -- Issuance of a Multistate License.
A. Upon receipt of an application for Multistate License, the Home State Licensing
Authority shall determine the applicant's eligibility for a Multistate License in accordance with
Section 4 of this Compact.
B. If such applicant is eligible pursuant to Section 4 of this Compact, 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.
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 Bachelors,
Masters, or Clinical category of Social Work.
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.
Section 8. Section 
58-60b-106
 is enacted to read:
 58-60b-106.
 Section 6 -- Authority of Interstate Compact Commission and
Member State Licensing Authorities.
A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to
limit, restrict, or in any way reduce the ability of a Member State to enact and enforce laws,
regulations, or other rules related to the practice of Social Work in that State
Ĥ→ [
, where those
420a 
laws,
regulations, or other rules are not inconsistent with the provisions of this Compact
] ←Ĥ
.
B. Nothing in this Compact shall affect the requirements established by a Member
State for the issuance of a Single State License.
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.
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.
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.
Section 9. Section 
58-60b-107
 is enacted to read:
 58-60b-107.
 Section 7 -- Reissuance of a Multistate License by a new Home State.
A. A Licensee can hold a Multistate License, issued by their Home State, in only one
Member State at any given time.
B. If a Licensee changes their Home State by moving between two Member States:
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.
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.
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.
4. If required for initial licensure, the new Home State may require completion of
jurisprudence requirements in the new Home State.
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.
C. If a Licensee changes their primary State of residence by moving from a Member
State to a non-Member State, or from a non-Member 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.
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.
E. Nothing in this Compact shall interfere with the requirements established by a
Member State for the issuance of a Single State License.
Section 10. Section 
58-60b-108
 is enacted to read:
 58-60b-108.
Section 8 -- Military families.
An Active Military Member or their spouse shall designate a Home State where the
individual has a Multistate License. The individual may retain their Home State designation
during the period the service member is on active duty.
Section 11. Section 
58-60b-109
 is enacted to read:
 58-60b-109.
Section 9 -- Adverse Actions.
A. In addition to the other powers conferred by State law, a Remote State shall have the
authority, in accordance with existing State due process law, to:
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.
2. Only the Home State shall have the power to take Adverse Action against a
Regulated Social Worker's Multistate License.
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.
C. The Home State shall complete any pending investigations of a Regulated Social
Worker who changes their Home State during the course of the investigations. The Home State
shall also have the authority to take appropriate action(s) and shall promptly report the
conclusions of the investigations to the administrator of the Data System. The administrator of
the Data System shall promptly notify the new Home State of any Adverse Actions.
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.
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.
F. Joint Investigations:
1. In addition to the authority granted to a Member State by its respective Social Work
practice act or other applicable State law, any Member State may participate with other
Member States in joint investigations of Licensees.
2. Member States shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under the Compact.
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.
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.
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.
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.
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.
Section 12. Section 
58-60b-110
 is enacted to read:
 58-60b-110.
Section 10 -- Establishment of Social Work Licensure Compact
Commission.
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
14.
B. Membership, Voting, and Meetings
1. Each Member State shall have and be limited to one (1) delegate selected by that
Member State's Licensing Authority.
2. The delegate shall be either:
a. A current member of the State Licensing Authority at the time of appointment, who
is a Regulated Social Worker or public member of the Licensing Authority; or
b. An administrator of the Licensing Authority or their designee.
3. The Commission shall by Rule or bylaw establish a term of office for delegates and
may by Rule or bylaw establish term limits.
4. The Commission may recommend removal or suspension of any delegate from
office.
5. A Member State's Licensing Authority shall fill any vacancy of its delegate
occurring on the Commission within 60 days of the vacancy.
6. Each delegate shall be entitled to one vote on all matters before the Commission
requiring a vote by Commission delegates.
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.
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.
C. The Commission shall have the following powers:
1. Establish the fiscal year of the Commission;
2. Establish code of conduct and conflict of interest policies;
3. Establish and amend Rules and bylaws;
4. Maintain its financial records in accordance with the bylaws;
5. Meet and take such actions as are consistent with the provisions of this Compact, the
Commission's Rules and the bylaws;
6. Initiate and conclude legal proceedings or actions in the name of the Commission,
provided that the standing of any Licensing Authority to sue or be sued under applicable law
shall not be affected;
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;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel, including, but not limited to,
employees of a Member State;
10. Conduct an annual financial review;
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;
12. Assess and collect fees;
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;
14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or
mixed, or any undivided interest therein;
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
16. Establish a budget and make expenditures;
17. Borrow money;
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;
19. Provide and receive information from, and cooperate with, law enforcement
agencies;
20. Establish and elect an Executive Committee, including a chair and a vice chair;
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
22. Perform such other functions as may be necessary or appropriate to achieve the
purposes of this Compact.
D. The Executive Committee
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:
a. 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;
b. 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;
c. Ensure Compact administration services are appropriately provided, including by
contract;
d. Prepare and recommend the budget;
e. Maintain financial records on behalf of the Commission;
f. Monitor Compact compliance of Member States and provide compliance reports to
the Commission;
g. Establish additional committees as necessary;
h. 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
i. Other duties as provided in the Rules or bylaws of the Commission.
2. The Executive Committee shall be composed of up to eleven (11) members:
a. The chair and vice chair of the Commission shall be voting members of the
Executive Committee;
b. The Commission shall elect five voting members from the current membership of
the Commission;
c. Up to four (4) ex-officio, nonvoting members from four (4) recognized national
Social Work organizations; and
d. The ex-officio members will be selected by their respective organizations.
3. The Commission may remove any member of the Executive Committee as provided
in the Commission's bylaws.
4. The Executive Committee shall meet at least annually.
a. Executive Committee meetings shall be open to the public, except that the Executive
Committee may meet in a closed, non-public meeting as provided in subsection F.2 below.
b. The Executive Committee shall give seven (7) 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.
c. The Executive Committee may hold a special meeting in accordance with subsection
F.1.b below.
E. The Commission shall adopt and provide to the Member States an annual report.
F. Meetings of the Commission
1. All meetings shall be open to the public, except that the Commission may meet in a
closed, non-public meeting as provided in subsection F.2 below.
a. 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 12, except that the
Commission may hold a special meeting as provided in subsection F.1.b below.
b. 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.
2. The Commission or the Executive Committee or other committees of the
Commission may convene in a closed, non-public meeting for the Commission or Executive
Committee or other committees of the Commission to receive legal advice or to discuss:
a. Non-compliance of a Member State with its obligations under the Compact;
b. The employment, compensation, discipline or other matters, practices or procedures
related to specific employees;
c. Current or threatened discipline of a Licensee by the Commission or by a Member
State's Licensing Authority;
d. Current, threatened, or reasonably anticipated litigation;
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
f. Accusing any person of a crime or formally censuring any person;
g. Trade secrets or commercial or financial information that is privileged or
confidential;
h. Information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
i. Investigative records compiled for law enforcement purposes;
j. 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; or
k. Matters specifically exempted from disclosure by federal or Member State law; or
l. Other matters as promulgated by the Commission by Rule.
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.
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.
G. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable expenses
of its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate revenue sources, as provided in
C(13).
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.
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.
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.
H. Qualified Immunity, Defense, and Indemnification
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.
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.
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.
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.
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.
6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by
the Member States or by the Commission.
Section 13. Section 
58-60b-111
 is enacted to read:
 58-60b-111.
Section 11 -- Data System.
A. The Commission shall provide for the development, maintenance, operation, and
utilization of a coordinated Data System.
B. The Commission shall assign each applicant for a Multistate License a unique
identifier, as determined by the Rules of the Commission.
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:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a license and information related thereto;
4. Non-confidential 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;
5. Any denial of application for licensure, and the reason(s) for such denial;
6. The presence of Current Significant Investigative Information; and
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.
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.
E. Current Significant Investigative Information pertaining to a Licensee in any
Member State will only be available to other Member States.
1. 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.
F. 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.
G. 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.
Section 14. Section 
58-60b-112
 is enacted to read:
 58-60b-112.
Section 12 -- Rulemaking.
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.
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.
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.
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 (4) years of the date of adoption of the Rule, then such Rule shall have no further
force and effect in any Member State.
E. Rules shall be adopted at a regular or special meeting of the Commission.
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.
G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (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:
1. On the website of the Commission or other publicly accessible platform;
2. To persons who have requested notice of the Commission's notices of proposed
rulemaking; and
3. In such other way(s) as the Commission may by Rule specify.
H. The Notice of Proposed Rulemaking shall include:
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;
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;
3. The text of the proposed Rule and the reason therefor;
4. A request for comments on the proposed Rule from any interested person; and
5. The manner in which interested persons may submit written comments.
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.
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.
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.
1. The Commission may adopt changes to the proposed Rule provided the changes do
not enlarge the original purpose of the proposed Rule.
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.
3. The Commission shall determine a reasonable effective date for the Rule. Except for
an emergency as provided in Section 12.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.
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 ninety (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:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or Member State funds;
3. Meet a deadline for the promulgation of a Rule that is established by federal law or
rule; or
4. Protect public health and safety.
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 thirty (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.
N. No Member State's rulemaking requirements shall apply under this compact.
Section 15. Section 
58-60b-113
 is enacted to read:
 58-60b-113.
Section 13 -- Oversight, dispute resolution, and enforcement.
A. Oversight
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.
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.
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.
B. Default, Technical Assistance, and Termination
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.
2. The Commission shall provide a copy of the notice of default to the other Member
States.
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.
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' Licensing Authority.
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.
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 (6) months after the date of said notice of termination.
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.
H. The defaulting State may appeal the 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. The prevailing party shall be awarded all costs of such litigation,
including reasonable attorney's fees.
I. Dispute Resolution
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 non-Member
States.
2. The Commission shall promulgate a Rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
J. Enforcement
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.
2. A Member State may initiate legal action 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 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.
3. No person other than a Member State shall enforce this compact against the
Commission.
Section 16. Section 
58-60b-114
 is enacted to read:
 58-60b-114.
Section 14 -- Effective date, withdrawal, and amendment.
A. The Compact shall come into effect on the date on which the Compact statute is
enacted into law in the seventh Member State.
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.
a. 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 13.
b. 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.
2. Member States enacting the Compact subsequent to the seven initial Charter Member
States shall be subject to the process set forth in Section 10(C)(21) to determine if their
enactments are materially different from the model Compact statute and whether they qualify
for participation in the Compact.
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.
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.
B. Any Member State may withdraw from this Compact by enacting a statute repealing
the same.
1. A Member State's withdrawal shall not take effect until 180 days after enactment of
the repealing statute.
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.
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.
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
non-Member State that does not conflict with the provisions of this Compact.
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.
Section 17. Section 
58-60b-115
 is enacted to read:
 58-60b-115.
Section 15 -- Construction and severability.
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.
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.
C. Notwithstanding subsection B of this section, the Commission may deny a State's
participation in the Compact or, in accordance with the requirements of Section 13.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.
Section 18. Section 
58-60b-116
 is enacted to read:
 58-60b-116.
Section 16 -- Consistent effect and conflict with other state laws.
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.
B. Nothing herein shall prevent or inhibit the enforcement of any other law of a
Member State that is not inconsistent with the Compact.
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.
D. All permissible agreements between the Commission and the Member States are
binding in accordance with their terms.
Section 19. Section 
58-60b-201
 is enacted to read:
Part 2. Division Implementation
 58-60b-201.
Rulemaking authority -- State authority over scope of practice.
(1) The division may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to implement this chapter.
(2) Notwithstanding any provision in Sections 
58-60b-101
 through 
58-60b-114
,
Sections 
58-60b-101
 through 
58-60b-114
 do not supersede state law related to an individual's
scope of practice under this title.
Section 20. 
Effective date.
This bill takes effect on May 1, 2024.