1|ENGROSSED HOUSE |
|BILL NO. 2261 By: Miller, Provenzano, and |
2| Hill of the House |
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3| and |
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4| Rosino of the Senate |
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5| |
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6| |
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7| An Act relating to professions and occupations; |
| stating purpose of compact; stating objectives; |
8| defining terms; providing procedures for state |
| participation in compact; stating eligibility |
9| criteria; prescribing procedures for social worker |
| participation in compact; prescribing procedures for |
10| Home State Licensing Authority; providing for |
| relationship of compact to state laws and other |
11| sources of authority; prescribing procedures for |
| reissuance of license; providing for military |
12| members; prescribing procedures related to certain |
| adverse actions; providing for investigations; |
13| establishing Social Work Licensure Compact |
| Commission; providing for membership, voting, and |
14| meetings of Commission; providing for data system; |
| prescribing procedures related thereto; providing for |
15| rulemaking procedures; providing for oversight, |
| dispute resolution, and enforcement; providing for |
16| effective date of compact provisions; providing for |
| construction and severability; providing for |
17| construction with other laws; providing for |
| codification; and providing an effective date. |
18| |
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19| |
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20|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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21| SECTION 1. NEW LAW A new section of law to be codified |
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22|in the Oklahoma Statutes as Section 1281 of Title 59, unless there |
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23|is created a duplication in numbering, reads as follows: |
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24| |
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arsid2454721 ENGR. H. B. NO. 2261 Page 1
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1| The purpose of this Compact is to facilitate interstate practice |
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2|of Regulated Social Workers by improving public access to competent |
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3|Social Work Services. The Compact preserves the regulatory |
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4|authority of States to protect public health and safety through the |
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5|current system of State licensure. |
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6| This Compact is designed to achieve the following objectives: |
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7| A. Increase public access to Social Work Services; |
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8| B. Reduce overly burdensome and duplicative requirements |
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9|associated with holding multiple licenses; |
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10| C. Enhance the Member States' ability to protect the public's |
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11|health and safety; |
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12| D. Encourage the cooperation of Member States in regulating |
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13|multistate practice; |
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14| E. Promote mobility and address workforce shortages by |
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15|eliminating the necessity for licenses in multiple states by |
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16|providing for the mutual recognition of other Member State licenses; |
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17| F. Support military families; |
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18| G. Facilitate the exchange of licensure and disciplinary |
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19|information among Member States; |
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20| H. Authorize all Member States to hold a Regulated Social |
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21|Worker accountable for abiding by a Member State's laws, |
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22|regulations, and applicable professional standards in the Member |
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23|State in which the client is located at the time care is rendered; |
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24|and |
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arsid2454721 ENGR. H. B. NO. 2261 Page 2
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1| I. Allow for the use of telehealth to facilitate increased |
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2|access to regulated Social Work Services. |
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3| SECTION 2. NEW LAW A new section of law to be codified |
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4|in the Oklahoma Statutes as Section 1282 of Title 59, unless there |
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5|is created a duplication in numbering, reads as follows: |
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6| As used in this Compact, and except as otherwise provided, the |
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7|following definitions shall apply: |
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8| A. "Active Military Member" means any individual with full-time |
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9|duty status in the active Armed Forces of the United States |
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10|including members of the National Guard and Reserve; |
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11| B. "Adverse Action" means any administrative, civil, equitable, |
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12|or criminal action permitted by a State's laws which is imposed by a |
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13|Licensing Authority or other authority against a Regulated Social |
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14|Worker, including actions against an individual's license or |
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15|Multistate Authorization to Practice such as revocation, suspension, |
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16|probation, monitoring of the Licensee, limitation on the Licensee's |
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17|practice, or any other Encumbrance on licensure affecting a |
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18|Regulated Social Worker's authorization to practice, including |
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19|issuance of a cease and desist action; |
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20| C. "Alternative Program" means a nondisciplinary monitoring or |
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21|practice remediation process approved by a Licensing Authority to |
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22|address practitioners with an Impairment; |
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23| D. "Charter Member States" means Member States who have enacted |
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24|legislation to adopt this Compact where such legislation predates |
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arsid2454721 ENGR. H. B. NO. 2261 Page 3
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1|the effective date of this Compact as described in Section 14 of |
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2|this act; |
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3| E. "Compact Commission" or "Commission" means the government |
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4|agency whose membership consists of all States that have enacted |
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5|this Compact, which is known as the Social Work Licensure Compact |
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6|Commission, as described in Section 10 of this act, and which shall |
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7|operate as an instrumentality of the Member States; |
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8| F. "Current Significant Investigative Information" means: |
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9| 1. Investigative information that a Licensing Authority, after |
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10|a preliminary inquiry that includes notification and an opportunity |
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11|for the Regulated Social Worker to respond, has reason to believe is |
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12|not groundless and, if proved true, would indicate more than a minor |
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13|infraction as may be defined by the Commission; or |
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14| 2. Investigative information that indicates that the Regulated |
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15|Social Worker represents an immediate threat to public health and |
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16|safety, as may be defined by the Commission, regardless of whether |
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17|the Regulated Social Worker has been notified and has had an |
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18|opportunity to respond; |
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19| G. "Data System" means a repository of information about |
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20|Licensees, including continuing education, examination, licensure, |
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21|Current Significant Investigative Information, Disqualifying Event, |
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22|Multistate License(s) and Adverse Action information or other |
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23|information as required by the Commission; |
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24| |
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1| H. "Disqualifying Event" means any Adverse Action or incident |
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2|which results in an Encumbrance that disqualifies or makes the |
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3|Licensee ineligible to either obtain, retain, or renew a Multistate |
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4|License; |
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5| I. "Domicile" means the jurisdiction in which the Licensee |
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6|resides and intends to remain indefinitely; |
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7| J. "Encumbrance" means a revocation or suspension of, or any |
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8|limitation on, the full and unrestricted practice of Social Work |
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9|licensed and regulated by a Licensing Authority; |
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10| K. "Executive Committee" means a group of delegates elected or |
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11|appointed to act on behalf of, and within the powers granted to them |
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12|by, the Compact and Commission; |
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13| L. "Home State" means the Member State that is the Licensee's |
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14|primary Domicile; |
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15| M. "Impairment" means a condition(s) that may impair a |
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16|practitioner's ability to engage in full and unrestricted practice |
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17|as a Regulated Social Worker without some type of intervention and |
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18|may include alcohol and drug dependence, mental health impairment, |
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19|and neurological or physical impairments; |
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20| N. "Licensee(s)" means an individual who currently holds a |
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21|license from a State to practice as a Regulated Social Worker; |
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22| O. "Licensing Authority" means the board or agency of a Member |
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23|State, or equivalent, that is responsible for the licensing and |
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24|regulation of Regulated Social Workers; |
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arsid2454721 ENGR. H. B. NO. 2261 Page 5
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1| P. "Member State" means a state, commonwealth, district, or |
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2|territory of the United States of America that has enacted this |
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3|Compact; |
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4| Q. "Multistate Authorization to Practice" means a legally |
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5|authorized privilege to practice, which is equivalent to a license, |
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6|associated with a Multistate License permitting the practice of |
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7|Social Work in a Remote State; |
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8| R. "Multistate License" means a license to practice as a |
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9|Regulated Social Worker issued by a Home State Licensing Authority |
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10|that authorizes the Regulated Social Worker to practice in all |
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11|Member States under Multistate Authorization to Practice; |
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12| S. "Qualifying National Exam" means a national licensing |
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13|examination approved by the Commission; |
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14| T. "Regulated Social Worker" means any clinical, master's or |
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15|bachelor's Social Worker licensed by a Member State regardless of |
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16|the title used by that Member State; |
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17| U. "Remote State" means a Member State other than the |
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18|Licensee's Home State; |
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19| V. "Rule(s)" or "Rule(s) of the Commission" means a regulation |
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20|or regulations duly promulgated by the Commission, as authorized by |
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21|the Compact, that has the force of law; |
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22| W. "Single State License" means a Social Work license issued by |
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23|any State that authorizes practice only within the issuing State and |
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24| |
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arsid2454721 ENGR. H. B. NO. 2261 Page 6
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1|does not include Multistate Authorization to Practice in any Member |
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2|State; |
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3| X. "Social Work" or "Social Work Services" means the |
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4|application of social work theory, knowledge, methods, ethics, and |
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5|the professional use of self to restore or enhance social, |
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6|psychosocial, or biopsychosocial functioning of individuals, |
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7|couples, families, groups, organizations, and communities through |
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8|the care and services provided by a Regulated Social Worker as set |
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9|forth in the Member State's statutes and regulations in the State |
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10|where the services are being provided; |
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11| Y. "State" means any state, commonwealth, district, or |
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12|territory of the United States of America that regulates the |
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13|practice of Social Work; and |
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14| Z. "Unencumbered License" means a license that authorizes a |
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15|Regulated Social Worker to engage in the full and unrestricted |
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16|practice of Social Work. |
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17| SECTION 3. NEW LAW A new section of law to be codified |
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18|in the Oklahoma Statutes as Section 1283 of Title 59, unless there |
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19|is created a duplication in numbering, reads as follows: |
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20| A. To be eligible to participate in the Compact, a potential |
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21|Member State must currently meet all of the following criteria: |
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22| 1. License and regulate the practice of Social Work at either |
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23|the clinical, master's, or bachelor's category; |
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24| |
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arsid2454721 ENGR. H. B. NO. 2261 Page 7
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1| 2. Require applicants for licensure to graduate from a program |
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2|that is: |
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3| a. operated by a college or university recognized by the |
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4| Licensing Authority, |
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5| b. accredited, or in candidacy by an institution that |
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6| subsequently becomes accredited, by an accrediting |
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7| agency recognized by either: |
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8| (1) the Council for Higher Education Accreditation, |
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9| or its successor, or |
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10| (2) the United States Department of Education, and |
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11| c. corresponds to the licensure sought as outlined in |
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12| Section 4 of this act; |
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13| 3. Require applicants for clinical licensure to complete a |
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14|period of supervised practice; |
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15| 4. Have a mechanism in place for receiving, investigating, and |
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16|adjudicating complaints about Licensees. |
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17| B. To maintain membership in the Compact, a Member State shall: |
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18| 1. Require that applicants for a Multistate License pass a |
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19|Qualifying National Exam for the corresponding category of |
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20|Multistate License sought as outlined in Section 4 of this act; |
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21| 2. Participate fully in the Commission's Data System, including |
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22|using the Commission's unique identifier as defined in Rules; |
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23| |
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24| |
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1| 3. Notify the Commission, in compliance with the terms of the |
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2|Compact and Rules, of any Adverse Action or the availability of |
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3|Current Significant Investigative Information regarding a Licensee; |
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4| 4. Implement procedures for considering the criminal history |
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5|records of applicants for a Multistate License. Such procedures |
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6|shall include the submission of fingerprints or other |
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7|biometric-based information by applicants for the purpose of |
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8|obtaining an applicant's criminal history record information from |
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9|the Federal Bureau of Investigation and the agency responsible for |
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10|retaining that State's criminal records; |
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11| 5. Comply with the Rules of the Commission; |
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12| 6. Require an applicant to obtain or retain a license in the |
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13|Home State and meet the Home State's qualifications for licensure or |
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14|renewal of licensure, as well as all other applicable Home State |
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15|laws; |
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16| 7. Authorize a Licensee holding a Multistate License in any |
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17|Member State to practice in accordance with the terms of the Compact |
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18|and Rules of the Commission; and |
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19| 8. Designate a delegate to participate in the Commission |
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20|meetings. |
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21| C. A Member State meeting the requirements of subsection A of |
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22|this section and subsection B of this section shall designate the |
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23|categories of Social Work licensure that are eligible for issuance |
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24|of a Multistate License for applicants in such Member State. To the |
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arsid2454721 ENGR. H. B. NO. 2261 Page 9
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1|extent that any Member State does not meet the requirements for |
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2|participation in the Compact at any particular category of Social |
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3|Work licensure, such Member State may choose, but is not obligated |
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4|to, issue a Multistate License to applicants that otherwise meet the |
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5|requirements of Section 4 of this act for issuance of a Multistate |
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6|License in such category or categories of licensure. |
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7| D. The Home State may charge a fee for granting the Multistate |
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8|License. |
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9| SECTION 4. NEW LAW A new section of law to be codified |
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10|in the Oklahoma Statutes as Section 1284 of Title 59, unless there |
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11|is created a duplication in numbering, reads as follows: |
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12| A. To be eligible for a Multistate License under the terms and |
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13|provisions of the Compact, an applicant, regardless of category |
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14|must: |
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15| 1. Hold or be eligible for an active, Unencumbered License in |
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16|the Home State; |
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17| 2. Pay any applicable fees, including any State fee, for the |
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18|Multistate License; |
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19| 3. Submit, in connection with an application for a Multistate |
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20|License, fingerprints or other biometric data for the purpose of |
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21|obtaining criminal history record information from the Federal |
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22|Bureau of Investigation and the agency responsible for retaining |
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23|that State's criminal records; |
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24| |
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1| 4. Notify the Home State of any Adverse Action, Encumbrance, or |
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2|restriction on any professional license taken by any Member State or |
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3|non-Member State within thirty (30) days from the date the action is |
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4|taken; |
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5| 5. Meet any continuing competence requirements established by |
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6|the Home State; |
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7| 6. Abide by the laws, regulations, and applicable standards in |
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8|the Member State where the client is located at the time care is |
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9|rendered. |
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10| B. An applicant for a clinical-category Multistate License must |
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11|meet all of the following requirements: |
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12| 1. Fulfill a competency requirement, which shall be satisfied |
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13|by either: |
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14| a. passage of a clinical-category Qualifying National |
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15| Exam, or |
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16| b. licensure of the applicant in their Home State at the |
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17| clinical category, beginning prior to such time as a |
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18| Qualifying National Exam was required by the Home |
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19| State and accompanied by a period of continuous Social |
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20| Work licensure thereafter, all of which may be further |
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21| governed by the Rules of the Commission, or |
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22| c. the substantial equivalency of the foregoing |
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23| competency requirements which the Commission may |
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24| determine by Rule; |
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arsid2454721 ENGR. H. B. NO. 2261 Page 11
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1| 2. Attain at least a master's degree in Social Work from a |
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2|program that is: |
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3| a. operated by a college or university recognized by the |
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4| Licensing Authority, and |
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5| b. accredited, or in candidacy that subsequently becomes |
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6| accredited, by an accrediting agency recognized by |
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7| either: |
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8| (1) the Council for Higher Education Accreditation |
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9| or its successor, or |
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10| (2) the United States Department of Education; |
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11| 3. Fulfill a practice requirement, which shall be satisfied by |
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12|demonstrating completion of either: |
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13| a. a period of postgraduate supervised clinical practice |
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14| equal to a minimum of three thousand (3,000) hours, or |
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15| b. a minimum of two (2) years of full-time postgraduate |
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16| supervised clinical practice, or |
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17| c. the substantial equivalency of the foregoing practice |
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18| requirements which the Commission may determine by |
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19| Rule. |
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20| C. An applicant for a master's-category Multistate License must |
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21|meet all of the following requirements: |
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22| 1. Fulfill a competency requirement, which shall be satisfied |
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23|by either: |
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24| |
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1| a. passage of a masters-category Qualifying National |
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2| Exam, |
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3| b. licensure of the applicant in their Home State at the |
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4| master's category, beginning prior to such time as a |
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5| Qualifying National Exam was required by the Home |
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6| State at the master's category and accompanied by a |
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7| continuous period of Social Work licensure thereafter, |
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8| all of which may be further governed by the Rules of |
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9| the Commission, or |
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10| c. the substantial equivalency of the foregoing |
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11| competency requirements which the Commission may |
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12| determine by Rule; |
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13| 2. Attain at least a master's degree in Social Work from a |
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14|program that is: |
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15| a. operated by a college or university recognized by the |
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16| Licensing Authority, and |
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17| b. accredited, or in candidacy that subsequently becomes |
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18| accredited, by an accrediting agency recognized by |
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19| either: |
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20| (1) the Council for Higher Education Accreditation |
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21| or its successor, or |
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22| (2) the United States Department of Education. |
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23| D. An applicant for a bachelor's-category Multistate License |
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24|must meet all of the following requirements: |
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1| 1. Fulfill a competency requirement, which shall be satisfied |
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2|by either: |
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3| a. passage of a bachelor's-category Qualifying National |
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4| Exam, |
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5| b. licensure of the applicant in their Home State at the |
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6| bachelor's category, beginning prior to such time as a |
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7| Qualifying National Exam was required by the Home |
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8| State and accompanied by a period of continuous Social |
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9| Work licensure thereafter, all of which may be further |
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10| governed by the Rules of the Commission, or |
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11| c. the substantial equivalency of the foregoing |
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12| competency requirements which the Commission may |
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13| determine by Rule; |
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14| 2. Attain at least a bachelor's degree in Social Work from a |
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15|program that is: |
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16| a. operated by a college or university recognized by the |
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17| Licensing Authority, and |
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18| b. accredited, or in candidacy that subsequently becomes |
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19| accredited, by an accrediting agency recognized by |
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20| either: |
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21| (1) the Council for Higher Education Accreditation |
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22| or its successor, or |
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23| (2) the United States Department of Education. |
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24| |
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1| E. The Multistate License for a Regulated Social Worker is |
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2|subject to the renewal requirements of the Home State. The |
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3|Regulated Social Worker must maintain compliance with the |
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4|requirements of subsection A of this section to be eligible to renew |
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5|a Multistate License. |
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6| F. The Regulated Social Worker's services in a Remote State are |
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7|subject to that Member State's regulatory authority. A Remote State |
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8|may, in accordance with due process and that Member State's laws, |
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9|remove a Regulated Social Worker's Multistate Authorization to |
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10|Practice in the Remote State for a specific period of time, impose |
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11|fines, and take any other necessary actions to protect the health |
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12|and safety of its citizens. |
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13| G. If a Multistate License is encumbered, the Regulated Social |
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14|Worker's Multistate Authorization to Practice shall be deactivated |
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15|in all Remote States until the Multistate License is no longer |
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16|encumbered. |
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17| H. If a Multistate Authorization to Practice is encumbered in a |
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18|Remote State, the regulated Social Worker's Multistate Authorization |
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19|to Practice may be deactivated in that State until the Multistate |
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20|Authorization to Practice is no longer encumbered. |
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21| SECTION 5. NEW LAW A new section of law to be codified |
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22|in the Oklahoma Statutes as Section 1285 of Title 59, unless there |
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23|is created a duplication in numbering, reads as follows: |
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24| |
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1| A. Upon receipt of an application for Multistate License, the |
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2|Home State Licensing Authority shall determine the applicant's |
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3|eligibility for a Multistate License in accordance with Section 4 of |
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4|this Compact. |
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5| B. If such applicant is eligible pursuant to Section 4 of this |
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6|Compact, the Home State Licensing Authority shall issue a Multistate |
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7|License that authorizes the applicant or Regulated Social Worker to |
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8|practice in all Member States under a Multistate Authorization to |
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9|Practice. |
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10| C. Upon issuance of a Multistate License, the Home State |
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11|Licensing Authority shall designate whether the Regulated Social |
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12|Worker holds a Multistate License in the Bachelors, Masters, or |
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13|Clinical category of Social Work. |
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14| D. A Multistate License issued by a Home State to a resident in |
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15|that State shall be recognized by all Compact Member States as |
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16|authorizing Social Work Practice under a Multistate Authorization to |
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17|Practice corresponding to each category of licensure regulated in |
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18|each Member State. |
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19| SECTION 6. NEW LAW A new section of law to be codified |
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20|in the Oklahoma Statutes as Section 1286 of Title 59, unless there |
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21|is created a duplication in numbering, reads as follows: |
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22| A. Nothing in this Compact, nor any Rule of the Commission, |
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23|shall be construed to limit, restrict, or in any way reduce the |
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24|ability of a Member State to enact and enforce laws, regulations, or |
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arsid2454721 ENGR. H. B. NO. 2261 Page 16
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1|other rules related to the practice of Social Work in that State, |
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2|where those laws, regulations, or other rules are not inconsistent |
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3|with the provisions of this Compact. |
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4| B. Nothing in this Compact shall affect the requirements |
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5|established by a Member State for the issuance of a Single State |
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6|License. |
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7| C. Nothing in this Compact, nor any Rule of the Commission, |
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8|shall be construed to limit, restrict, or in any way reduce the |
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9|ability of a Member State to take Adverse Action against a |
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10|Licensee's Single State License to practice Social Work in that |
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11|State. |
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12| D. Nothing in this Compact, nor any Rule of the Commission, |
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13|shall be construed to limit, restrict, or in any way reduce the |
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14|ability of a Remote State to take Adverse Action against a |
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15|Licensee's Multistate Authorization to Practice in that State. |
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16| E. Nothing in this Compact, nor any Rule of the Commission, |
| |
17|shall be construed to limit, restrict, or in any way reduce the |
| |
18|ability of a Licensee's Home State to take Adverse Action against a |
| |
19|Licensee's Multistate License based upon information provided by a |
| |
20|Remote State. |
| |
21| SECTION 7. NEW LAW A new section of law to be codified |
| |
22|in the Oklahoma Statutes as Section 1287 of Title 59, unless there |
| |
23|is created a duplication in numbering, reads as follows: |
| |
24| |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 17
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1| A. A Licensee can hold a Multistate License, issued by their |
| |
2|Home State, in only one Member State at any given time. |
| |
3| B. If a Licensee changes their Home State by moving between two |
| |
4|Member States: |
| |
5| 1. The Licensee shall immediately apply for the reissuance of |
| |
6|their Multistate License in their new Home State. The Licensee |
| |
7|shall pay all applicable fees and notify the prior Home State in |
| |
8|accordance with the Rules of the Commission; |
| |
9| 2. Upon receipt of an application to reissue a Multistate |
| |
10|License, the new Home State shall verify that the Multistate License |
| |
11|is active, unencumbered and eligible for reissuance under the terms |
| |
12|of the Compact and the Rules of the Commission. The Multistate |
| |
13|License issued by the prior Home State will be deactivated and all |
| |
14|Member States notified in accordance with the applicable Rules |
| |
15|adopted by the Commission; |
| |
16| 3. Prior to the reissuance of the Multistate License, the new |
| |
17|Home State shall conduct procedures for considering the criminal |
| |
18|history records of the Licensee. Such procedures shall include the |
| |
19|submission of fingerprints or other biometric-based information by |
| |
20|applicants for the purpose of obtaining an applicant's criminal |
| |
21|history record information from the Federal Bureau of Investigation |
| |
22|and the agency responsible for retaining that State's criminal |
| |
23|records; |
| |
24| |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 18
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1| 4. If required for initial licensure, the new Home State may |
| |
2|require completion of jurisprudence requirements in the new Home |
| |
3|State; |
| |
4| 5. Notwithstanding any other provision of this Compact, if a |
| |
5|Licensee does not meet the requirements set forth in this Compact |
| |
6|for the reissuance of a Multistate License by the new Home State, |
| |
7|then the Licensee shall be subject to the new Home State |
| |
8|requirements for the issuance of a Single State License in that |
| |
9|State. |
| |
10| C. If a Licensee changes their primary State of residence by |
| |
11|moving from a Member State to a non-Member State, or from a |
| |
12|non-Member State to a Member State, then the Licensee shall be |
| |
13|subject to the State requirements for the issuance of a Single State |
| |
14|License in the new Home State. |
| |
15| D. Nothing in this Compact shall interfere with a Licensee's |
| |
16|ability to hold a Single State License in multiple States; however, |
| |
17|for the purposes of this Compact, a Licensee shall have only one |
| |
18|Home State, and only one Multistate License. |
| |
19| E. Nothing in this Compact shall interfere with the |
| |
20|requirements established by a Member State for the issuance of a |
| |
21|Single State License. |
| |
22| SECTION 8. NEW LAW A new section of law to be codified |
| |
23|in the Oklahoma Statutes as Section 1288 of Title 59, unless there |
| |
24|is created a duplication in numbering, reads as follows: |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 19
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1| An Active Military Member or their spouse shall designate a Home |
| |
2|State where the individual has a Multistate License. The individual |
| |
3|may retain their Home State designation during the period the |
| |
4|service member is on active duty. |
| |
5| SECTION 9. NEW LAW A new section of law to be codified |
| |
6|in the Oklahoma Statutes as Section 1289 of Title 59, unless there |
| |
7|is created a duplication in numbering, reads as follows: |
| |
8| A. In addition to the other powers conferred by State law, a |
| |
9|Remote State shall have the authority, in accordance with existing |
| |
10|State due process law, to: |
| |
11| 1. Take Adverse Action against a Regulated Social Worker's |
| |
12|Multistate Authorization to Practice only within that Member State, |
| |
13|and issue subpoenas for both hearings and investigations that |
| |
14|require the attendance and testimony of witnesses as well as the |
| |
15|production of evidence. Subpoenas issued by a Licensing Authority |
| |
16|in a Member State for the attendance and testimony of witnesses or |
| |
17|the production of evidence from another Member State shall be |
| |
18|enforced in the latter State by any court of competent jurisdiction, |
| |
19|according to the practice and procedure of that court applicable to |
| |
20|subpoenas issued in proceedings pending before it. The issuing |
| |
21|Licensing Authority shall pay any witness fees, travel expenses, |
| |
22|mileage, and other fees required by the service statutes of the |
| |
23|State in which the witnesses or evidence are located; |
| |
24| |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 20
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1| 2. Only the Home State shall have the power to take Adverse |
| |
2|Action against a Regulated Social Worker's Multistate License. |
| |
3| B. For purposes of taking Adverse Action, the Home State shall |
| |
4|give the same priority and effect to reported conduct received from |
| |
5|a Member State as it would if the conduct had occurred within the |
| |
6|Home State. In so doing, the Home State shall apply its own State |
| |
7|laws to determine appropriate action. |
| |
8| C. The Home State shall complete any pending investigations of |
| |
9|a Regulated Social Worker who changes their Home State during the |
| |
10|course of the investigations. The Home State shall also have the |
| |
11|authority to take appropriate action(s) and shall promptly report |
| |
12|the conclusions of the investigations to the administrator of the |
| |
13|Data System. The administrator of the Data System shall promptly |
| |
14|notify the new Home State of any Adverse Actions. |
| |
15| D. A Member State, if otherwise permitted by State law, may |
| |
16|recover from the affected Regulated Social Worker the costs of |
| |
17|investigations and dispositions of cases resulting from any Adverse |
| |
18|Action taken against that Regulated Social Worker. |
| |
19| E. A Member State may take Adverse Action based on the factual |
| |
20|findings of another Member State, provided that the Member State |
| |
21|follows its own procedures for taking the Adverse Action. |
| |
22| F. Joint Investigations: |
| |
23| 1. In addition to the authority granted to a Member State by |
| |
24|its respective Social Work practice act or other applicable State |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 21
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1|law, any Member State may participate with other Member States in |
| |
2|joint investigations of Licensees. |
| |
3| 2. Member States shall share any investigative, litigation, or |
| |
4|compliance materials in furtherance of any joint or individual |
| |
5|investigation initiated under the Compact. |
| |
6| G. If Adverse Action is taken by the Home State against the |
| |
7|Multistate License of a Regulated Social Worker, the Regulated |
| |
8|Social Worker's Multistate Authorization to Practice in all other |
| |
9|Member States shall be deactivated until all Encumbrances have been |
| |
10|removed from the Multistate License. All Home State disciplinary |
| |
11|orders that impose Adverse Action against the license of a Regulated |
| |
12|Social Worker shall include a statement that the Regulated Social |
| |
13|Worker's Multistate Authorization to Practice is deactivated in all |
| |
14|Member States until all conditions of the decision, order or |
| |
15|agreement are satisfied. |
| |
16| H. If a Member State takes Adverse Action, it shall promptly |
| |
17|notify the administrator of the Data System. The administrator of |
| |
18|the Data System shall promptly notify the Home State and all other |
| |
19|Member State's of any Adverse Actions by Remote States. |
| |
20| I. Nothing in this Compact shall override a Member State's |
| |
21|decision that participation in an Alternative Program may be used in |
| |
22|lieu of Adverse Action. |
| |
23| J. Nothing in this Compact shall authorize a Member State to |
| |
24|demand the issuance of subpoenas for attendance and testimony of |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 22
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1|witnesses or the production of evidence from another Member State |
| |
2|for lawful actions within that Member State. |
| |
3| K. Nothing in this Compact shall authorize a Member State to |
| |
4|impose discipline against a Regulated Social Worker who holds a |
| |
5|Multistate Authorization to Practice for lawful actions within |
| |
6|another Member State. |
| |
7| SECTION 10. NEW LAW A new section of law to be codified |
| |
8|in the Oklahoma Statutes as Section 1290 of Title 59, unless there |
| |
9|is created a duplication in numbering, reads as follows: |
| |
10| A. The Compact Member States hereby create and establish a |
| |
11|joint government agency whose membership consists of all Member |
| |
12|States that have enacted the compact known as the Social Work |
| |
13|Licensure Compact Commission. The Commission is an instrumentality |
| |
14|of the Compact States acting jointly and not an instrumentality of |
| |
15|any one State. The Commission shall come into existence on or after |
| |
16|the effective date of the Compact as set forth in Section 14 of this |
| |
17|act. |
| |
18| B. Membership, Voting, and Meetings |
| |
19| 1. Each Member State shall have and be limited to one delegate |
| |
20|selected by that Member State's State Licensing Authority. |
| |
21| 2. The delegate shall be either: |
| |
22| a. a current member of the State Licensing Authority at |
| |
23| the time of appointment, who is a Regulated Social |
| |
24| |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 23
___________________________________________________________________________
1| Worker or public member of the State Licensing |
| |
2| Authority, or |
| |
3| b. an administrator of the State Licensing Authority or |
| |
4| their designee. |
| |
5| 3. The Commission shall by Rule or bylaw establish a term of |
| |
6|office for delegates and may by Rule or bylaw establish term limits. |
| |
7| 4. The Commission may recommend removal or suspension of any |
| |
8|delegate from office. |
| |
9| 5. A Member State's State Licensing Authority shall fill any |
| |
10|vacancy of its delegate occurring on the Commission within sixty |
| |
11|(60) days of the vacancy. |
| |
12| 6. Each delegate shall be entitled to one vote on all matters |
| |
13|before the Commission requiring a vote by Commission delegates. |
| |
14| 7. A delegate shall vote in person or by such other means as |
| |
15|provided in the bylaws. The bylaws may provide for delegates to |
| |
16|meet by telecommunication, videoconference, or other means of |
| |
17|communication. |
| |
18| 8. The Commission shall meet at least once during each calendar |
| |
19|year. Additional meetings may be held as set forth in the bylaws. |
| |
20|The Commission may meet by telecommunication, videoconference, or |
| |
21|other similar electronic means. |
| |
22| C. The Commission shall have the following powers: |
| |
23| 1. Establish the fiscal year of the Commission; |
| |
24| 2. Establish code of conduct and conflict of interest policies; |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 24
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1| 3. Establish and amend Rules and bylaws; |
| |
2| 4. Maintain its financial records in accordance with the |
| |
3|bylaws; |
| |
4| 5. Meet and take such actions as are consistent with the |
| |
5|provisions of this Compact, the Commission's Rules, and the bylaws; |
| |
6| 6. Initiate and conclude legal proceedings or actions in the |
| |
7|name of the Commission, provided that the standing of any State |
| |
8|Licensing Board to sue or be sued under applicable law shall not be |
| |
9|affected; |
| |
10| 7. Maintain and certify records and information provided to a |
| |
11|Member State as the authenticated business records of the |
| |
12|Commission, and designate an agent to do so on the Commission's |
| |
13|behalf; |
| |
14| 8. Purchase and maintain insurance and bonds; |
| |
15| 9. Borrow, accept, or contract for services of personnel, |
| |
16|including, but not limited to, employees of a Member State; |
| |
17| 10. Conduct an annual financial review; |
| |
18| 11. Hire employees, elect or appoint officers, fix |
| |
19|compensation, define duties, grant such individuals appropriate |
| |
20|authority to carry out the purposes of the Compact, and establish |
| |
21|the Commission's personnel policies and programs relating to |
| |
22|conflicts of interest, qualifications of personnel, and other |
| |
23|related personnel matters; |
| |
24| 12. Assess and collect fees; |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 25
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1| 13. Accept any and all appropriate gifts, donations, grants of |
| |
2|money, other sources of revenue, equipment, supplies, materials, and |
| |
3|services, and receive, utilize, and dispose of the same; provided |
| |
4|that at all times the Commission shall avoid any appearance of |
| |
5|impropriety or conflict of interest; |
| |
6| 14. Lease, purchase, retain, own, hold, improve, or use any |
| |
7|property, real, personal, or mixed, or any undivided interest |
| |
8|therein; |
| |
9| 15. Sell, convey, mortgage, pledge, lease, exchange, abandon, |
| |
10|or otherwise dispose of any property real, personal, or mixed; |
| |
11| 16. Establish a budget and make expenditures; |
| |
12| 17. Borrow money; |
| |
13| 18. Appoint committees, including standing committees, composed |
| |
14|of members, State regulators, State legislators or their |
| |
15|representatives, and consumer representatives, and such other |
| |
16|interested persons as may be designated in this Compact and the |
| |
17|bylaws; |
| |
18| 19. Provide and receive information from, and cooperate with, |
| |
19|law enforcement agencies; |
| |
20| 20. Establish and elect an Executive Committee, including a |
| |
21|chair and a vice chair; |
| |
22| 21. Determine whether a State's adopted language is materially |
| |
23|different from the model compact language such that the State would |
| |
24|not qualify for participation in the Compact; and |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 26
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1| 22. Perform such other functions as may be necessary or |
| |
2|appropriate to achieve the purposes of this Compact. |
| |
3| D. The Executive Committee |
| |
4| 1. The Executive Committee shall have the power to act on |
| |
5|behalf of the Commission according to the terms of this Compact. |
| |
6|The powers, duties, and responsibilities of the Executive Committee |
| |
7|shall include: |
| |
8| a. oversee the day-to-day activities of the |
| |
9| administration of the Compact including enforcement |
| |
10| and compliance with the provisions of the Compact, its |
| |
11| Rules and bylaws, and other such duties as deemed |
| |
12| necessary, |
| |
13| b. recommend to the Commission changes to the Rules or |
| |
14| bylaws, changes to this Compact legislation, fees |
| |
15| charged to Compact Member States, fees charged to |
| |
16| Licensees, and other fees, |
| |
17| c. ensure Compact administration services are |
| |
18| appropriately provided, including by contract, |
| |
19| d. prepare and recommend the budget, |
| |
20| e. maintain financial records on behalf of the |
| |
21| Commission, |
| |
22| f. monitor Compact compliance of Member States and |
| |
23| provide compliance reports to the Commission, |
| |
24| g. establish additional committees as necessary, |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 27
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1| h. exercise the powers and duties of the Commission |
| |
2| during the interim between Commission meetings, except |
| |
3| for adopting or amending Rules, adopting or amending |
| |
4| bylaws, and exercising any other powers and duties |
| |
5| expressly reserved to the Commission by Rule or bylaw, |
| |
6| and |
| |
7| i. other duties as provided in the Rules or bylaws of |
| |
8| the Commission. |
| |
9| 2. The Executive Committee shall be composed of up to eleven |
| |
10|(11) members: |
| |
11| a. the chair and vice-chair of the Commission shall be |
| |
12| voting members of the Executive Committee, |
| |
13| b. the Commission shall elect five voting members from |
| |
14| the current membership of the Commission, |
| |
15| c. up to four ex-officio, nonvoting members from four |
| |
16| recognized national Social Work organizations, and |
| |
17| d. the ex-officio members shall be selected by their |
| |
18| respective organizations. |
| |
19| 3. The Commission may remove any member of the Executive |
| |
20|Committee as provided in the Commission's bylaws. |
| |
21| 4. The Executive Committee shall meet at least annually. |
| |
22| a. Executive Committee meetings shall be open to the |
| |
23| public, except that the Executive Committee may meet |
| |
24| |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 28
___________________________________________________________________________
1| in a closed, nonpublic meeting as provided in |
| |
2| paragraph 2 of subsection F of this section. |
| |
3| b. The Executive Committee shall give seven (7) days' |
| |
4| notice of its meetings, posted on its website and as |
| |
5| determined to provide notice to persons with an |
| |
6| interest in the business of the Commission. |
| |
7| c. The Executive Committee may hold a special meeting in |
| |
8| accordance with subparagraph b of paragraph 1 of |
| |
9| subsection F of this section. |
| |
10| E. The Commission shall adopt and provide to the Member States |
| |
11|an annual report. |
| |
12| F. Meetings of the Commission |
| |
13| 1. All meetings shall be open to the public, except that the |
| |
14|Commission may meet in a closed, nonpublic meeting as provided in |
| |
15|paragraph 2 of this subsection. |
| |
16| a. Public notice for all meetings of the full Commission |
| |
17| of meetings shall be given in the same manner as |
| |
18| required under the Rulemaking provisions in Section 12 |
| |
19| of this act, except that the Commission may hold a |
| |
20| special meeting as provided in subparagraph b of this |
| |
21| paragraph. |
| |
22| b. The Commission may hold a special meeting when it |
| |
23| must meet to conduct emergency business by giving |
| |
24| forty-eight (48) hours' notice to all commissioners, |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 29
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1| on the Commission's website, and other means as |
| |
2| provided in the Commission's Rules. The Commission's |
| |
3| legal counsel shall certify that the Commission's need |
| |
4| to meet qualifies as an emergency. |
| |
5| 2. The Commission or the Executive Committee or other |
| |
6|committees of the Commission may convene in a closed, nonpublic |
| |
7|meeting for the Commission or Executive Committee or other |
| |
8|committees of the Commission to receive legal advice or to discuss: |
| |
9| a. noncompliance of a Member State with its obligations |
| |
10| under the Compact, |
| |
11| b. the employment, compensation, discipline, or other |
| |
12| matters, practices, or procedures related to specific |
| |
13| employees, |
| |
14| c. current or threatened discipline of a Licensee by the |
| |
15| Commission or by a Member State's Licensing Authority, |
| |
16| d. current, threatened, or reasonably anticipated |
| |
17| litigation, |
| |
18| e. negotiation of contracts for the purchase, lease, or |
| |
19| sale of goods, services, or real estate, |
| |
20| f. accusing any person of a crime or formally censuring |
| |
21| any person, |
| |
22| g. trade secrets or commercial or financial information |
| |
23| that is privileged or confidential, |
| |
24| |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 30
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1| h. information of a personal nature where disclosure |
| |
2| would constitute a clearly unwarranted invasion of |
| |
3| personal privacy, |
| |
4| i. investigative records compiled for law enforcement |
| |
5| purposes, |
| |
6| j. information related to any investigative reports |
| |
7| prepared by or on behalf of or for use of the |
| |
8| Commission or other committee charged with |
| |
9| responsibility of investigation or determination of |
| |
10| compliance issues pursuant to the Compact, |
| |
11| k. matters specifically exempted from disclosure by |
| |
12| federal or Member State law, or |
| |
13| l. other matters as promulgated by the Commission by |
| |
14| Rule. |
| |
15| 3. If a meeting, or portion of a meeting, is closed, the |
| |
16|presiding officer shall state that the meeting will be closed and |
| |
17|reference each relevant exempting provision, and such reference |
| |
18|shall be recorded in the minutes. |
| |
19| 4. The Commission shall keep minutes that fully and clearly |
| |
20|describe all matters discussed in a meeting and shall provide a full |
| |
21|and accurate summary of actions taken, and the reasons therefore, |
| |
22|including a description of the views expressed. All documents |
| |
23|considered in connection with an action shall be identified in such |
| |
24|minutes. All minutes and documents of a closed meeting shall remain |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 31
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1|under seal, subject to release only by a majority vote of the |
| |
2|Commission or order of a court of competent jurisdiction. |
| |
3| G. Financing of the Commission |
| |
4| 1. The Commission shall pay, or provide for the payment of, the |
| |
5|reasonable expenses of its establishment, organization, and ongoing |
| |
6|activities. |
| |
7| 2. The Commission may accept any and all appropriate revenue |
| |
8|sources as provided in subsection C of Section 13 of this act. |
| |
9| 3. The Commission may levy on and collect an annual assessment |
| |
10|from each Member State and impose fees on Licensees of Member States |
| |
11|to whom it grants a Multistate License to cover the cost of the |
| |
12|operations and activities of the Commission and its staff, which |
| |
13|must be in a total amount sufficient to cover its annual budget as |
| |
14|approved each year for which revenue is not provided by other |
| |
15|sources. The aggregate annual assessment amount for Member States |
| |
16|shall be allocated based upon a formula that the Commission shall |
| |
17|promulgate by Rule. |
| |
18| 4. The Commission shall not incur obligations of any kind prior |
| |
19|to securing the funds adequate to meet the same; nor shall the |
| |
20|Commission pledge the credit of any of the Member States, except by |
| |
21|and with the authority of the Member State. |
| |
22| 5. The Commission shall keep accurate accounts of all receipts |
| |
23|and disbursements. The receipts and disbursements of the Commission |
| |
24|shall be subject to the financial review and accounting procedures |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 32
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1|established under its bylaws. However, all receipts and |
| |
2|disbursements of funds handled by the Commission shall be subject to |
| |
3|an annual financial review by a certified or licensed public |
| |
4|accountant, and the report of the financial review shall be included |
| |
5|in and become part of the annual report of the Commission. |
| |
6| H. Qualified Immunity, Defense, and Indemnification |
| |
7| 1. The members, officers, executive director, employees, and |
| |
8|representatives of the Commission shall be immune from suit and |
| |
9|liability, both personally and in their official capacity, for any |
| |
10|claim for damage to or loss of property or personal injury or other |
| |
11|civil liability caused by or arising out of any actual or alleged |
| |
12|act, error, or omission that occurred, or that the person against |
| |
13|whom the claim is made had a reasonable basis for believing occurred |
| |
14|within the scope of Commission employment, duties, or |
| |
15|responsibilities; provided that nothing in this paragraph shall be |
| |
16|construed to protect any such person from suit or liability for any |
| |
17|damage, loss, injury, or liability caused by the intentional or |
| |
18|willful or wanton misconduct of that person. The procurement of |
| |
19|insurance of any type by the Commission shall not in any way |
| |
20|compromise or limit the immunity granted hereunder. |
| |
21| 2. The Commission shall defend any member, officer, executive |
| |
22|director, employee, and representative of the Commission in any |
| |
23|civil action seeking to impose liability arising out of any actual |
| |
24|or alleged act, error, or omission that occurred within the scope of |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 33
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1|Commission employment, duties, or responsibilities, or as determined |
| |
2|by the Commission that the person against whom the claim is made had |
| |
3|a reasonable basis for believing occurred within the scope of |
| |
4|Commission employment, duties, or responsibilities; provided that |
| |
5|nothing herein shall be construed to prohibit that person from |
| |
6|retaining their own counsel at their own expense; and provided |
| |
7|further, that the actual or alleged act, error, or omission did not |
| |
8|result from that person's intentional or willful or wanton |
| |
9|misconduct. |
| |
10| 3. The Commission shall indemnify and hold harmless any member, |
| |
11|officer, executive director, employee, and representative of the |
| |
12|Commission for the amount of any settlement or judgment obtained |
| |
13|against that person arising out of any actual or alleged act, error, |
| |
14|or omission that occurred within the scope of Commission employment, |
| |
15|duties, or responsibilities, or that such person had a reasonable |
| |
16|basis for believing occurred within the scope of Commission |
| |
17|employment, duties, or responsibilities, provided that the actual or |
| |
18|alleged act, error, or omission did not result from the intentional |
| |
19|or willful or wanton misconduct of that person. |
| |
20| 4. Nothing herein shall be construed as a limitation on the |
| |
21|liability of any Licensee for professional malpractice or |
| |
22|misconduct, which shall be governed solely by any other applicable |
| |
23|State laws. |
| |
24| |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 34
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1| 5. Nothing in this Compact shall be interpreted to waive or |
| |
2|otherwise abrogate a Member State's state action immunity or state |
| |
3|action affirmative defense with respect to antitrust claims under |
| |
4|the Sherman Act, Clayton Act, or any other State or federal |
| |
5|antitrust or anticompetitive law or regulation. |
| |
6| 6. Nothing in this Compact shall be construed to be a waiver of |
| |
7|sovereign immunity by the Member States or by the Commission. |
| |
8| SECTION 11. NEW LAW A new section of law to be codified |
| |
9|in the Oklahoma Statutes as Section 1291 of Title 59, unless there |
| |
10|is created a duplication in numbering, reads as follows: |
| |
11| A. The Commission shall provide for the development, |
| |
12|maintenance, operation, and utilization of a coordinated Data |
| |
13|System. |
| |
14| B. The Commission shall assign each applicant for a Multistate |
| |
15|License a unique identifier, as determined by the Rules of the |
| |
16|Commission. |
| |
17| C. Notwithstanding any other provision of State law to the |
| |
18|contrary, a Member State shall submit a uniform data set to the Data |
| |
19|System on all individuals to whom this Compact is applicable as |
| |
20|required by the Rules of the Commission, including: |
| |
21| 1. Identifying information; |
| |
22| 2. Licensure data; |
| |
23| 3. Adverse Actions against a license and information related |
| |
24|thereto; |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 35
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1| 4. Nonconfidential information related to Alternative Program |
| |
2|participation, the beginning and ending dates of such participation, |
| |
3|and other information related to such participation not made |
| |
4|confidential under Member State law; |
| |
5| 5. Any denial of application for licensure, and the reason(s) |
| |
6|for such denial; |
| |
7| 6. The presence of Current Significant Investigative |
| |
8|Information; and |
| |
9| 7. Other information that may facilitate this Compact's |
| |
10|administration or the public's protection, as determined by the |
| |
11|Rules of the Commission. |
| |
12| D. The records and information provided to a Member State |
| |
13|pursuant to this Compact or through the Data System, when certified |
| |
14|by the Commission or an agent thereof, shall constitute the |
| |
15|authenticated business records of the Commission, and shall be |
| |
16|entitled to any associated hearsay exception in any relevant |
| |
17|judicial, quasi-judicial or administrative proceedings in a Member |
| |
18|State. |
| |
19| E. Current Significant Investigative Information pertaining to |
| |
20|a Licensee in any Member State will only be available to other |
| |
21|Member States. |
| |
22| It is the responsibility of the Member States to report any |
| |
23|Adverse Action against a Licensee and to monitor the database to |
| |
24|determine whether Adverse Action has been taken against a Licensee. |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 36
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1|Adverse Action information pertaining to a Licensee in any Member |
| |
2|State will be available to any other Member State. |
| |
3| F. Member States contributing information to the Data System |
| |
4|may designate information that may not be shared with the public |
| |
5|without the express permission of the contributing State. |
| |
6| G. Any information submitted to the Data System that is |
| |
7|subsequently expunged pursuant to federal law or the laws of the |
| |
8|Member State contributing the information shall be removed from the |
| |
9|Data System. |
| |
10| SECTION 12. NEW LAW A new section of law to be codified |
| |
11|in the Oklahoma Statutes as Section 1292 of Title 59, unless there |
| |
12|is created a duplication in numbering, reads as follows: |
| |
13| A. The Commission shall promulgate reasonable Rules in order to |
| |
14|effectively and efficiently implement and administer the purposes |
| |
15|and provisions of the Compact. A Rule shall be invalid and have no |
| |
16|force or effect only if a court of competent jurisdiction holds that |
| |
17|the Rule is invalid because the Commission exercised its rulemaking |
| |
18|authority in a manner that is beyond the scope and purposes of the |
| |
19|Compact, or the powers granted hereunder, or based upon another |
| |
20|applicable standard of review. |
| |
21| B. The Rules of the Commission shall have the force of law in |
| |
22|each Member State, provided, however, that where the Rules of the |
| |
23|Commission conflict with the laws of the Member State that establish |
| |
24|the Member State's laws, regulations, and applicable standards that |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 37
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1|govern the practice of Social Work as held by a court of competent |
| |
2|jurisdiction, the Rules of the Commission shall be ineffective in |
| |
3|that State to the extent of the conflict. |
| |
4| C. The Commission shall exercise its Rulemaking powers pursuant |
| |
5|to the criteria set forth in this section and the Rules adopted |
| |
6|thereunder. Rules shall become binding on the day following |
| |
7|adoption or the date specified in the rule or amendment, whichever |
| |
8|is later. |
| |
9| D. If a majority of the legislatures of the Member States |
| |
10|rejects a Rule or portion of a Rule, by enactment of a statute or |
| |
11|resolution in the same manner used to adopt the Compact within four |
| |
12|(4) years of the date of adoption of the Rule, then such Rule shall |
| |
13|have no further force and effect in any Member State. |
| |
14| E. Rules shall be adopted at a regular or special meeting of |
| |
15|the Commission. |
| |
16| F. Prior to adoption of a proposed Rule, the Commission shall |
| |
17|hold a public hearing and allow persons to provide oral and written |
| |
18|comments, data, facts, opinions, and arguments. |
| |
19| G. Prior to adoption of a proposed Rule by the Commission, and |
| |
20|at least thirty (30) days in advance of the meeting at which the |
| |
21|Commission will hold a public hearing on the proposed Rule, the |
| |
22|Commission shall provide a Notice of Proposed Rulemaking: |
| |
23| 1. On the website of the Commission or other publicly |
| |
24|accessible platform; |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 38
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1| 2. To persons who have requested notice of the Commission's |
| |
2|notices of proposed rulemaking; and |
| |
3| 3. In such other way(s) as the Commission may by Rule specify. |
| |
4| H. The Notice of Proposed Rulemaking shall include: |
| |
5| 1. The time, date, and location of the public hearing at which |
| |
6|the Commission will hear public comments on the proposed Rule and, |
| |
7|if different, the time, date, and location of the meeting where the |
| |
8|Commission will consider and vote on the proposed Rule; |
| |
9| 2. If the hearing is held via telecommunication, |
| |
10|videoconference, or other electronic means, the Commission shall |
| |
11|include the mechanism for access to the hearing in the Notice of |
| |
12|Proposed Rulemaking; |
| |
13| 3. The text of the proposed Rule and the reason therefor; |
| |
14| 4. A request for comments on the proposed Rule from any |
| |
15|interested person; and |
| |
16| 5. The manner in which interested persons may submit written |
| |
17|comments. |
| |
18| I. All hearings will be recorded. A copy of the recording and |
| |
19|all written comments and documents received by the Commission in |
| |
20|response to the proposed Rule shall be available to the public. |
| |
21| J. Nothing in this section shall be construed as requiring a |
| |
22|separate hearing on each Rule. Rules may be grouped for the |
| |
23|convenience of the Commission at hearings required by this section. |
| |
24| |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 39
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1| K. The Commission shall, by majority vote of all members, take |
| |
2|final action on the proposed Rule based on the Rulemaking record and |
| |
3|the full text of the Rule. |
| |
4| 1. The Commission may adopt changes to the proposed Rule |
| |
5|provided the changes do not enlarge the original purpose of the |
| |
6|proposed Rule. |
| |
7| 2. The Commission shall provide an explanation of the reasons |
| |
8|for substantive changes made to the proposed Rule as well as reasons |
| |
9|for substantive changes not made that were recommended by |
| |
10|commenters. |
| |
11| 3. The Commission shall determine a reasonable effective date |
| |
12|for the Rule. Except for an emergency as provided in subsection L |
| |
13|of this section, the effective date of the Rule shall be no sooner |
| |
14|than thirty (30) days after issuing the notice that it adopted or |
| |
15|amended the Rule. |
| |
16| L. Upon determination that an emergency exists, the Commission |
| |
17|may consider and adopt an emergency Rule with forty-eight (48) |
| |
18|hours' notice, with opportunity to comment, provided that the usual |
| |
19|Rulemaking procedures provided in the Compact and in this section |
| |
20|shall be retroactively applied to the Rule as soon as reasonably |
| |
21|possible, in no event later than ninety (90) days after the |
| |
22|effective date of the Rule. For the purposes of this provision, an |
| |
23|emergency Rule is one that must be adopted immediately in order to: |
| |
24| |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 40
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1| 1. Meet an imminent threat to public health, safety, or |
| |
2|welfare; |
| |
3| 2. Prevent a loss of Commission or Member State funds; |
| |
4| 3. Meet a deadline for the promulgation of a Rule that is |
| |
5|established by federal law or rule; or |
| |
6| 4. Protect public health and safety. |
| |
7| M. The Commission or an authorized committee of the Commission |
| |
8|may direct revisions to a previously adopted Rule for purposes of |
| |
9|correcting typographical errors, errors in format, errors in |
| |
10|consistency, or grammatical errors. Public notice of any revisions |
| |
11|shall be posted on the website of the Commission. The revision |
| |
12|shall be subject to challenge by any person for a period of thirty |
| |
13|(30) days after posting. The revision may be challenged only on |
| |
14|grounds that the revision results in a material change to a Rule. A |
| |
15|challenge shall be made in writing and delivered to the Commission |
| |
16|prior to the end of the notice period. If no challenge is made, the |
| |
17|revision will take effect without further action. If the revision |
| |
18|is challenged, the revision may not take effect without the approval |
| |
19|of the Commission. |
| |
20| N. No Member State's rulemaking requirements shall apply under |
| |
21|this Compact. |
| |
22| SECTION 13. NEW LAW A new section of law to be codified |
| |
23|in the Oklahoma Statutes as Section 1293 of Title 59, unless there |
| |
24|is created a duplication in numbering, reads as follows: |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 41
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1| A. Oversight |
| |
2| 1. The executive and judicial branches of State government in |
| |
3|each Member State shall enforce this Compact and take all actions |
| |
4|necessary and appropriate to implement the Compact. |
| |
5| 2. Except as otherwise provided in this Compact, venue is |
| |
6|proper and judicial proceedings by or against the Commission shall |
| |
7|be brought solely and exclusively in a court of competent |
| |
8|jurisdiction where the principal office of the Commission is |
| |
9|located. The Commission may waive venue and jurisdictional defenses |
| |
10|to the extent it adopts or consents to participate in alternative |
| |
11|dispute resolution proceedings. Nothing herein shall affect or |
| |
12|limit the selection or propriety of venue in any action against a |
| |
13|Licensee for professional malpractice, misconduct or any such |
| |
14|similar matter. |
| |
15| 3. The Commission shall be entitled to receive service of |
| |
16|process in any proceeding regarding the enforcement or |
| |
17|interpretation of the Compact and shall have standing to intervene |
| |
18|in such a proceeding for all purposes. Failure to provide the |
| |
19|Commission service of process shall render a judgment or order void |
| |
20|as to the Commission, this Compact, or promulgated Rules. |
| |
21| B. Default, Technical Assistance, and Termination |
| |
22| 1. If the Commission determines that a Member State has |
| |
23|defaulted in the performance of its obligations or responsibilities |
| |
24|under this Compact or the promulgated Rules, the Commission shall |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 42
___________________________________________________________________________
1|provide written notice to the defaulting State. The notice of |
| |
2|default shall describe the default, the proposed means of curing the |
| |
3|default, and any other action that the Commission may take, and |
| |
4|shall offer training and specific technical assistance regarding the |
| |
5|default. |
| |
6| 2. The Commission shall provide a copy of the notice of default |
| |
7|to the other Member States. |
| |
8| C. If a State in default fails to cure the default, the |
| |
9|defaulting State may be terminated from the Compact upon an |
| |
10|affirmative vote of a majority of the delegates of the Member |
| |
11|States, and all rights, privileges and benefits conferred on that |
| |
12|State by this Compact may be terminated on the effective date of |
| |
13|termination. A cure of the default does not relieve the offending |
| |
14|State of obligations or liabilities incurred during the period of |
| |
15|default. |
| |
16| D. Termination of membership in the Compact shall be imposed |
| |
17|only after all other means of securing compliance have been |
| |
18|exhausted. Notice of intent to suspend or terminate shall be given |
| |
19|by the Commission to the governor, the majority and minority leaders |
| |
20|of the defaulting State's legislature, the defaulting State's State |
| |
21|Licensing Authority and each of the Member States' State Licensing |
| |
22|Authority. |
| |
23| E. A State that has been terminated is responsible for all |
| |
24|assessments, obligations, and liabilities incurred through the |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 43
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1|effective date of termination, including obligations that extend |
| |
2|beyond the effective date of termination. |
| |
3| F. Upon the termination of a State's membership from this |
| |
4|Compact, that State shall immediately provide notice to all |
| |
5|Licensees within that State of such termination. The terminated |
| |
6|State shall continue to recognize all licenses granted pursuant to |
| |
7|this Compact for a minimum of six (6) months after the date of said |
| |
8|notice of termination. |
| |
9| G. The Commission shall not bear any costs related to a State |
| |
10|that is found to be in default or that has been terminated from the |
| |
11|Compact, unless agreed upon in writing between the Commission and |
| |
12|the defaulting State. |
| |
13| H. The defaulting State may appeal the action of the Commission |
| |
14|by petitioning the U.S. District Court for the District of Columbia |
| |
15|or the federal district where the Commission has its principal |
| |
16|offices. The prevailing party shall be awarded all costs of such |
| |
17|litigation, including reasonable attorney's fees. |
| |
18| I. Dispute Resolution |
| |
19| 1. Upon request by a Member State, the Commission shall attempt |
| |
20|to resolve disputes related to the Compact that arise among Member |
| |
21|States and between Member and non-Member States. |
| |
22| 2. The Commission shall promulgate a Rule providing for both |
| |
23|mediation and binding dispute resolution for disputes as |
| |
24|appropriate. |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 44
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1| J. Enforcement |
| |
2| 1. By majority vote as provided by Rule, the Commission may |
| |
3|initiate legal action against a Member State in default in the |
| |
4|United States District Court for the District of Columbia or the |
| |
5|federal district where the Commission has its principal offices to |
| |
6|enforce compliance with the provisions of the Compact and its |
| |
7|promulgated Rules. The relief sought may include both injunctive |
| |
8|relief and damages. In the event judicial enforcement is necessary, |
| |
9|the prevailing party shall be awarded all costs of such litigation, |
| |
10|including reasonable attorney's fees. The remedies herein shall not |
| |
11|be the exclusive remedies of the Commission. The Commission may |
| |
12|pursue any other remedies available under federal or the defaulting |
| |
13|Member State's law. |
| |
14| 2. A Member State may initiate legal action against the |
| |
15|Commission in the U.S. District Court for the District of Columbia |
| |
16|or the federal district where the Commission has its principal |
| |
17|offices to enforce compliance with the provisions of the Compact and |
| |
18|its promulgated Rules. The relief sought may include both |
| |
19|injunctive relief and damages. In the event judicial enforcement is |
| |
20|necessary, the prevailing party shall be awarded all costs of such |
| |
21|litigation, including reasonable attorney's fees. |
| |
22| 3. No person other than a Member State shall enforce this |
| |
23|Compact against the Commission. |
| |
24| |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 45
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1| SECTION 14. NEW LAW A new section of law to be codified |
| |
2|in the Oklahoma Statutes as Section 1294 of Title 59, unless there |
| |
3|is created a duplication in numbering, reads as follows: |
| |
4| A. The Compact shall come into effect on the date on which the |
| |
5|Compact statute is enacted into law in the seventh Member State. |
| |
6| 1. On or after the effective date of the Compact, the |
| |
7|Commission shall convene and review the enactment of each of the |
| |
8|first seven Member States ("Charter Member States") to determine if |
| |
9|the statute enacted by each such Charter Member State is materially |
| |
10|different than the model Compact statute. |
| |
11| a. A Charter Member State whose enactment is found to be |
| |
12| materially different from the model Compact statute |
| |
13| shall be entitled to the default process set forth in |
| |
14| Section 13 of this act. |
| |
15| b. If any Member State is later found to be in default, |
| |
16| or is terminated or withdraws from the Compact, the |
| |
17| Commission shall remain in existence and the Compact |
| |
18| shall remain in effect even if the number of Member |
| |
19| States should be less than seven. |
| |
20| 2. Member States enacting the Compact subsequent to the seven |
| |
21|initial Charter Member States shall be subject to the process set |
| |
22|forth in paragraph 21 of subsection C of Section 10 of this act to |
| |
23|determine if their enactments are materially different from the |
| |
24| |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 46
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1|model Compact statute and whether they qualify for participation in |
| |
2|the Compact. |
| |
3| 3. All actions taken for the benefit of the Commission or in |
| |
4|furtherance of the purposes of the administration of the Compact |
| |
5|prior to the effective date of the Compact or the Commission coming |
| |
6|into existence shall be considered to be actions of the Commission |
| |
7|unless specifically repudiated by the Commission. |
| |
8| 4. Any State that joins the Compact subsequent to the |
| |
9|Commission's initial adoption of the Rules and bylaws shall be |
| |
10|subject to the Rules and bylaws as they exist on the date on which |
| |
11|the Compact becomes law in that State. Any Rule that has been |
| |
12|previously adopted by the Commission shall have the full force and |
| |
13|effect of law on the day the Compact becomes law in that State. |
| |
14| B. Any Member State may withdraw from this Compact by enacting |
| |
15|a statute repealing the same. |
| |
16| 1. A Member State's withdrawal shall not take effect until one |
| |
17|hundred eighty (180) days after enactment of the repealing statute. |
| |
18| 2. Withdrawal shall not affect the continuing requirement of |
| |
19|the withdrawing State's Licensing Authority to comply with the |
| |
20|investigative and Adverse Action reporting requirements of this |
| |
21|Compact prior to the effective date of withdrawal. |
| |
22| 3. Upon the enactment of a statute withdrawing from this |
| |
23|Compact, a State shall immediately provide notice of such withdrawal |
| |
24|to all Licensees within that State. Notwithstanding any subsequent |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 47
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1|statutory enactment to the contrary, such withdrawing State shall |
| |
2|continue to recognize all licenses granted pursuant to this Compact |
| |
3|for a minimum of one hundred eighty (180) days after the date of |
| |
4|such notice of withdrawal. |
| |
5| C. Nothing contained in this Compact shall be construed to |
| |
6|invalidate or prevent any licensure agreement or other cooperative |
| |
7|arrangement between a Member State and a non-Member State that does |
| |
8|not conflict with the provisions of this Compact. |
| |
9| D. This Compact may be amended by the Member States. No |
| |
10|amendment to this Compact shall become effective and binding upon |
| |
11|any Member State until it is enacted into the laws of all Member |
| |
12|States. |
| |
13| SECTION 15. NEW LAW A new section of law to be codified |
| |
14|in the Oklahoma Statutes as Section 1295 of Title 59, unless there |
| |
15|is created a duplication in numbering, reads as follows: |
| |
16| A. This Compact and the Commission's rulemaking authority shall |
| |
17|be liberally construed so as to effectuate the purposes and the |
| |
18|implementation and administration of the Compact. Provisions of the |
| |
19|Compact expressly authorizing or requiring the promulgation of Rules |
| |
20|shall not be construed to limit the Commission's rulemaking |
| |
21|authority solely for those purposes. |
| |
22| B. The provisions of this Compact shall be severable and if any |
| |
23|phrase, clause, sentence, or provision of this Compact is held by a |
| |
24|court of competent jurisdiction to be contrary to the constitution |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 48
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1|of any Member State, a State seeking participation in the Compact, |
| |
2|or of the United States, or the applicability thereof to any |
| |
3|government, agency, person, or circumstance is held to be |
| |
4|unconstitutional by a court of competent jurisdiction, the validity |
| |
5|of the remainder of this Compact and the applicability thereof to |
| |
6|any other government, agency, person or circumstance shall not be |
| |
7|affected thereby. |
| |
8| C. Notwithstanding subsection B of this section, the Commission |
| |
9|may deny a State's participation in the Compact or, in accordance |
| |
10|with the requirements of subsection C of Section 13 of this act, |
| |
11|terminate a Member State's participation in the Compact, if it |
| |
12|determines that a constitutional requirement of a Member State is a |
| |
13|material departure from the Compact. Otherwise, if this Compact |
| |
14|shall be held to be contrary to the constitution of any Member |
| |
15|State, the Compact shall remain in full force and effect as to the |
| |
16|remaining Member States and in full force and effect as to the |
| |
17|Member State affected as to all severable matters. |
| |
18| SECTION 16. NEW LAW A new section of law to be codified |
| |
19|in the Oklahoma Statutes as Section 1296 of Title 59, unless there |
| |
20|is created a duplication in numbering, reads as follows: |
| |
21| A. A Licensee providing services in a Remote State under a |
| |
22|Multistate Authorization to Practice shall adhere to the laws and |
| |
23|regulations, including laws, regulations, and applicable standards, |
| |
24| |
| |
arsid2454721 ENGR. H. B. NO. 2261 Page 49
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1|of the Remote State where the client is located at the time care is |
| |
2|rendered. |
| |
3| B. Nothing herein shall prevent or inhibit the enforcement of |
| |
4|any other law of a Member State that is not inconsistent with the |
| |
5|Compact. |
| |
6| C. Any laws, statutes, regulations, or other legal requirements |
| |
7|in a Member State in conflict with the Compact are superseded to the |
| |
8|extent of the conflict. |
| |
9| D. All permissible agreements between the Commission and the |
| |
10|Member States are binding in accordance with their terms. |
| |
11| SECTION 17. This act shall become effective November 1, 2025. |
| |
12| Passed the House of Representatives the 18th day of March, 2025. |
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| Presiding Officer of the House |
15| of Representatives |
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17| Passed the Senate the ____ day of __________, 2025. |
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| Presiding Officer of the Senate |
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arsid2454721 ENGR. H. B. NO. 2261 Page 50
