HB3503 - Relating to the Social Work Licensure Compact; authorizing fees.

  89R4828 RAL-D     By: Darby H.B. No. 3503       A BILL TO BE ENTITLED   AN ACT   relating to the Social Work Licensure Compact; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 505, Occupations Code, is amended by   adding Subchapter M to read as follows:   SUBCHAPTER M. SOCIAL WORK LICENSURE COMPACT           Sec.   505.651.     SOCIAL WORK LICENSURE COMPACT. The Social   Work Licensure Compact is enacted and entered into with all other   jurisdictions that legally join in the compact, which reads as   follows:   SOCIAL WORK LICENSURE COMPACT   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   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" - 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.     "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 a   Multistate License.           I.     "Domicile" means the jurisdiction in which the Licensee   resides and intends to remain indefinitely.           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   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 sought 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 &#x [Text truncated for display. Full text available on Congress.gov.]