Health Occupations (GHO) — Title 19. Social Workers

Bachelor social work; or

Master social work.

One of four categories of licenses issued by the Board authorizing an individual to practice:

A conditional license issued by the Board; or

A provisional license issued by the Board.

Practice social work under the supervision of a licensed certified social worker, licensed certified social worker–clinical, licensed master social worker, or licensed bachelor social worker who meets the conditions specified in regulations; or

If approved by the Board in accordance with § 19–302(f) of this title, engage in independent practice.

Practice social work under the supervision of a licensed certified social worker, licensed certified social worker–clinical, or licensed master social worker who meets the conditions specified in regulations; or

If approved by the Board in accordance with § 19–302(f) of this title, engage in independent practice.

“Practice social work” means to apply the theories, knowledge, procedures, methods, and ethics derived from receiving a baccalaureate or master’s degree from a program in social work that is accredited by or a candidate for accreditation by the Council on Social Work Education, or an equivalent organization approved by the Council on Social Work Education, to restore or enhance social functioning of individuals, couples, families, groups, organizations, or communities through:

“Practice social work” includes:

For an individual licensed as a master social worker, “practice social work” also includes:

For an individual licensed as a certified social worker, “practice social work” also includes:

For an individual licensed as a certified social worker–clinical, “practice social work” also includes:

In exchange for direct payment or third–party reimbursement; or

On a pro bono basis as determined in regulations adopted by the Board.

Bachelor social work; or

Master social work.

Provides evaluation and direction of the supervisee; and

Promotes continued development of the supervisee’s knowledge, skills, and abilities to provide social work services in an ethical and competent manner.

Setting minimum qualification, education, training, and experience standards for the licensing of individuals to practice social work; and

Promoting and maintaining high professional standards for the practice of social work.

The Board consists of 12 members.

Of the 12 Board members:

If a licensee of the specified license category is not appointed to the Board under paragraph (2)(i) of this subsection within 3 months of a vacancy, a licensee of any license category shall be appointed immediately if that licensee is qualified to be a member of the Board under subsections (b) and (d) of this section.

The Governor shall appoint all members of the Board with the advice of the Secretary and the advice and consent of the Senate.

The Governor shall appoint all social work members of the Board from a list of nominees containing names submitted by:

Shall be a member of the general public;

May not be or ever have been a social worker or in training to become a social worker;

May not have a household member who is a social worker or in training to become a social worker;

May not participate or ever have participated in a commercial or professional field related to social work;

May not have a household member who participates in a commercial or professional field related to social work; and

May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board or a person that employs a person regulated by the Board.

The term of a member is 4 years.

The terms of members are staggered.

At the end of a term, a member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.

The Governor may remove a member for incompetence, misconduct, or neglect of duty.

Upon the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from 2 successive Board meetings without adequate reason.

From among its members, the Board shall elect a chair, vice chair, and secretary–treasurer every 2 years.

The Board may elect other officers as necessary to fulfill the duties and responsibilities of the Board.

The manner of election of the chair, vice chair, secretary–treasurer, and other officers; and

The duties of each officer.

The Board shall appoint an executive director.

The executive director:

The Board may set reasonable fees for the issuance and renewal of licenses and its other services.

The fees charged shall be set to produce funds so as to approximate the cost of maintaining the Board.

The Board may set fees for the issuance and renewal of each type of license.

Funds to cover the expenses of the Board members shall be generated by fees set under this section.

The Board shall pay all funds collected under this title to the Comptroller of the State.

The Comptroller shall distribute the fees to the State Board of Social Work Examiners Fund.

The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.

The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.

Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.

No other State money may be used to support the Fund.

A designee of the Board shall administer the Fund.

Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.

Licensed by the Board before the individual may practice social work in this State while representing oneself as a social worker; or

Licensed as a certified social worker–clinical before the individual may practice clinical social work in this State.

Subject to subsection (d) of this section, an individual employed by any agency of the federal government while performing the duties of that employment;

An individual licensed as a social worker in another state while responding to an emergency in this State;

An individual who:

A student while pursuing a supervised course of study in a social work program that is accredited or is a candidate for accreditation by the Council on Social Work Education.

Has submitted a complete written application in the form prescribed by the Board;

Is at least 18 years old;

Is of good moral character;

Except as otherwise provided in this title, has successfully passed an examination or examinations prescribed by the Board pertinent to the license sought;

Has paid all applicable fees specified by the Board;

Has completed a criminal history records check in accordance with § 19–302.2 of this subtitle at the applicant’s expense; and

Has submitted to an examination if required under § 19–302.3 of this subtitle.

Meet the requirements of subsection (a) of this section; and

Have received a baccalaureate degree in social work from a program that is accredited or is a candidate for accreditation by the Council on Social Work Education or an equivalent organization approved by the Council on Social Work Education.

Meet the requirements of subsection (a) of this section; and

Have received a master’s degree from a program that is accredited or is a candidate for accreditation by the Council on Social Work Education or an equivalent organization approved by the Council on Social Work Education.

Meet the requirements of subsection (a) of this section;

Have received a master’s degree from a program accredited by the Council on Social Work Education or an equivalent organization approved by the Council on Social Work Education; and

Provide in a form prescribed by the Board, documentation of having completed 2 years as a licensee with supervised experience of at least 3,000 hours after receiving the master’s degree with a minimum of 100 hours of periodic face–to–face supervision in the practice of social work under the terms and conditions that the Board determines by regulation.

Meet the requirements of subsection (a) of this section;

Have received a master’s degree in social work and documentation of completion of 12 academic credits in clinical course work from a program accredited by the Council on Social Work Education or an equivalent organization approved by the Council on Social Work Education, with a minimum of 6 of the 12 academic credits obtained in a master’s degree program; and

Provide in a form prescribed by the Board, documentation of having completed 2 years as a licensee with supervised experience of at least 3,000 hours, of which 1,500 hours are in face–to–face client contact, after receiving the master’s degree with a minimum of 100 hours of periodic face–to–face supervision in the assessment, formulation of a diagnostic impression, and treatment of behavioral health disorders and other conditions and the provision of psychotherapy under the terms and conditions that the Board determines by regulation.

The Board shall approve an individual to engage in independent practice if the individual:

Nothing in this subsection may be construed to prohibit an individual licensed by the Board on or before January 1, 2008, as a licensed bachelor social worker or a licensed graduate social worker and who does not meet the conditions listed under paragraph (2) of this subsection from applying or qualifying to obtain approval by the Board to engage in independent practice under paragraph (1) of this subsection.

Nothing in this subsection may be construed to prohibit an employer from requiring supervision of a licensed bachelor social worker or a licensed master social worker who is approved to engage in independent practice under this subsection.

The Board shall approve a licensee to provide supervision, in accordance with regulations adopted by the Board, if the licensee:

A complete set of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and

The processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

Information obtained from the Central Repository under this section:

In using information obtained from the Central Repository under this section to determine whether to issue a license, the Board shall consider:

Has reason to believe that the applicant may cause harm to the applicant or to another person;

Makes a written request for the applicant to submit to the examination;

Provides the applicant with a list of three health care practitioners from which the applicant may choose a health care practitioner to conduct the examination; and

Pays the cost of the examination.

Consented to submit to the examination; and

Waived any claim or privilege as to the examination report.

Submit an application to the Board on the form that the Board requires; and

Pay to the Board the application fee set by the Board.

Review each application;

Within 15 business days after the initial receipt of an application and after the receipt of supplemental documentation, notify the applicant of whether the application is complete; and

Notify each applicant whether the applicant has been approved to take the pertinent licensure examination within 60 days from the date the Board received a completed application from the applicant.

The Board shall approve the subjects, scope, form, and passing score for each type of examination given under this subtitle.

The examinations given under this subtitle shall strive to be free of cultural bias.

The Board, by regulation, may limit:

If an applicant is permitted to be reexamined under paragraph (1) of this subsection, the applicant shall pay a fee to the examining body approved by the Board.

The category of license;

The full name of the licensee;

If the licensee is a licensed bachelor social worker or a licensed master social worker, whether the licensee is approved to engage in independent practice;

A license number;

The license status;

The expiration date;

The original date of issuance; and

If applicable, disciplinary history.

A licensed bachelor social worker may not:

A licensed master social worker may not:

A licensed certified social worker may not:

The date on which the current license expires;

The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and

The amount of the renewal fee.

Otherwise is entitled to be licensed;

Pays to the Board the appropriate renewal fee specified by this subtitle;

Submits to the Board:

Beginning in calendar year 2023 and except as provided in subsection (g)(3) of this section, attests that the licensee has submitted to a State and national criminal history records check in accordance with § 19–302.2 of this subtitle.

Subject to subsection (g) of this section, the Board shall renew the license of each licensee who meets the requirements of this section.

The Board shall maintain the same information on each licensee.

On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 19–302.2 of this�subtitle, in determining whether disciplinary action should be taken, based on the criminal record information, against a licensee who renewed a license, the Board shall consider:

The Board may renew a license only if the licensee attests that the licensee has submitted to a criminal history records check under §�19–302.2 of this subtitle.

Unless otherwise required, a renewal applicant who previously has completed the criminal history records check as required for the Board’s license renewal application process does not have to submit to a subsequent criminal history records check for license renewal.

The Board shall place a licensee on inactive status for a maximum of 5 years, if the licensee submits to the Board:

The Board shall provide a licensee who has complied with the requirements of paragraph (1) of this subsection with written notification of:

Subject to subsection (e) of this section, the Board shall reactivate a license for an individual on inactive status who:

The Board shall place a licensee on nonrenewed status for a maximum of 5 years if the licensee does not renew the licensee’s license under § 19–308 of this subtitle or apply for inactive status under subsection (a) of this section.

The Board shall provide a licensee who does not renew the licensee’s license under § 19–308 of this subtitle or apply for inactive status under subsection (a) of this section with written notification of:

Subject to subsection (e) of this section, the Board shall reinstate a license for an individual on nonrenewed status who:

Applies to the Board for reissuance of the license;

Pays to the Board the reissuance processing fee set by the Board and any other appropriate fees required by the Board;

Provides any documentation required by the Board, in a form prescribed by the Board;

Meets the requirements of § 19–302(a) of this subtitle;

Submits to the Board satisfactory evidence of having completed a State and national criminal history records check in accordance with § 19–302.2 of this subtitle; and

On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 19–302.2 of this�subtitle, in determining whether to reactivate, reinstate, or reissue a license, the Board shall consider:

The Board may not reactivate, reinstate, or reissue a license if the criminal history record information required under § 19–302.2 of this subtitle has not been received.

Bachelor social work; or

Master social work.

Whether the examination was unavailable at any time during the reporting period; and

If the examination was unavailable:

Bachelor social work; or

Master social work.

Authorizes the holder to practice social work in the State only within the scope of the specific category of license issued by the Board;

Requires the holder to practice under the supervision of a Board–approved supervisor in accordance with regulations adopted under this section;

May be issued only to an initial applicant for licensure who has not previously been licensed under this title; and

Does not qualify the holder for a multistate license under the Social Work Licensure Compact established under § 19–3A–01 of this title.

Expires on a date set by the Board that is at least 12 months, but not more than 24 months, after the date of issuance;

May not be renewed; and

Shall terminate automatically on:

May be counted toward the supervised experience required for independent practice approval under § 19–302(f) of this subtitle; and

May be counted toward the supervised experience required to qualify for a certified social worker–clinical license under § 19–302(e) of this subtitle.

Minimum supervision requirements and reporting procedures;

Standards for evaluating supervised practice as described in subsection (e)(2) of this section;

Requirements to ensure that the tracking of provisional licenses aligns with existing licensure cycles; and

A reasonable fee for the issuance of a provisional license sufficient to cover administrative costs.

The number of provisional licenses issued;

The number of holders of provisional licenses who obtained full licensure under subsection (e) of this section; and

Any recommendations for improving:

Under the influence of alcohol; or

Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of prescribed amounts or without valid medical indication;

Causing any person to withhold or change testimony in hearings or proceedings before the Board or otherwise delegated to the Office of Administrative Hearings; or

Hindering, preventing, or otherwise delaying a person from making information available to the Board in furtherance of an investigation by the Board;

Instead of reprimanding the licensee, placing the licensee on probation, or suspending or revoking the social worker’s license; or

In addition to reprimanding the licensee, placing the licensee on probation, or suspending or revoking the social worker’s license.

Alcoholism;

Substance abuse or dependency; or

Other physical, emotional, or behavioral health conditions.

Solely by the Board;

Jointly with a rehabilitation committee representing another board or boards; or

By the licensee.

Except as otherwise provided in this subsection, the proceedings, records, and files related to the social worker rehabilitation process are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated as a result of the social worker rehabilitation process.

Paragraph (1) of this subsection does not apply to any record or document that is considered in the social worker rehabilitation process and that otherwise would be subject to discovery or introduction into evidence in a civil action.

For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.

The unauthorized practice of social work; or

Conduct that is a ground for disciplinary action under § 19-311 of this subtitle.

The Board, in its own name;

The Attorney General, in the name of the State; or

A State’s Attorney, in the name of the State.

Resides; or

Engages in the act sought to be enjoined.

Consented to submit to an examination under this section, if requested by the Board in writing; and

Waived any claim of privilege as to the testimony or report of a health care provider who examines the licensee.

The licensee’s professional identity;

The services which are or may be provided by the licensee and the fees for each service or the hourly rate; and

Sufficient information for a patient to give informed consent regarding the nature of the services to be provided.

The licensee’s professional identity may be provided by directing the client to the license verification section on the Board’s website;

The licensee’s services and fees may be provided by documented discussion or printed fee schedule; and

Informed consent may be provided by documented discussion or a written form signed by the client which is kept in the client’s file.

Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the regulated social worker to respond has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction as may be defined by the Commission; or

Investigative information that indicates that the regulated social worker represents an immediate threat to public health and safety, as may be defined by the Commission, regardless of whether the regulated social worker has been notified and has had an opportunity to respond.

License and regulate social work at either the clinical, master’s or bachelor’s category;

Require applicants for licensure to graduate from a program that:

Require applicants for clinical licensure to complete a period of supervised practice; and

Have a mechanism in place for receiving, investigating, and adjudicating complaints about licensees.

Require that applicants for a multistate license pass a qualifying national exam for the corresponding category of multistate license sought as outlined in Section 4;

Participate fully in the Commission’s data system, including using the Commission’s unique identifier as defined in rules;

Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee;

Implement procedures for considering the criminal history records of applicants for a multistate license. Such procedures shall include the submission of fingerprints or other biometric–based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;

Comply with the rules of the Commission;

Require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable home state laws;

Authorize a licensee holding a multistate license in any member state to practice in accordance with the terms of the Compact and rules of the Commission; and

Designate a delegate to participate in the Commission meetings.

Hold or be eligible for an active, unencumbered license in the home state;

Pay any applicable fees, including any state fee, for the multistate license;

Submit, in connection with an application for a multistate license, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;

Notify the home state of any adverse action, encumbrance, or restriction on any professional license taken by any member state or non–member state within 30 days from the date the action is taken;

Meet any continuing competence requirements established by the home state; and

Abide by the laws, regulations, and applicable standards in the member state where the client is located at the time care is rendered.

Fulfill a competency requirement, which shall be satisfied by either:

Attain at least a master’s degree in social work from a program that is:

Fulfill a practice requirement, which shall be satisfied by demonstrating completion of either:

Fulfill a competency requirement, which shall be satisfied by either:

Attain at least a master’s degree in social work, from a program that is:

Fulfill a competency requirement, which shall be satisfied by either:

Attain at least a bachelor’s degree in social work from a program that is:

The licensee shall immediately apply for the reissuance of their multistate license in their new home state. The licensee shall pay all applicable fees and notify the prior home state in accordance with the rules of the Commission.

Upon receipt of an application to reissue a multistate license, the new home state shall verify that the multistate license is active, unencumbered and eligible for reissuance under the terms of the Compact and the rules of the Commission. The multistate license issued by the prior home state will be deactivated and all member states notified in accordance with the applicable rules adopted by the Commission.

Prior to the reissuance of the multistate license, the new home state shall conduct procedures for considering the criminal history records of the licensee. Such procedures shall include the submission of fingerprints or other biometric–based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.

If required for initial licensure, the new home state may require completion of jurisprudence requirements in the new home state.

Notwithstanding any other provision of this Compact, if a licensee does not meet the requirements set forth in this Compact for the reissuance of a multistate license by the new home state, then the licensee shall be subject to the new home state requirements for the issuance of a single state license in that state.

Take adverse action against a regulated social worker’s multistate authorization to practice only within that member state, and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located.

Only the home state shall have the power to take adverse action against a regulated social worker’s multistate license.

In addition to the authority granted to a member state by its respective regulated social work practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.

Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

Each member state shall have and be limited to one delegate selected by that member state’s licensing authority.

The delegate shall be either:

The Commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.

The Commission may recommend removal or suspension of any delegate from office.

A member state’s licensing authority shall fill any vacancy of its delegate occurring on the Commission within 60 days of the vacancy.

Each delegate shall be entitled to one vote on all matters before the Commission requiring a vote by Commission delegates.

A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet by telecommunication, video conference, or other means of communication.

The Commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The Commission may meet by telecommunication, video conference, or other similar electronic means.

Establish the fiscal year of the Commission;

Establish a code of conduct and conflict of interest policies;

Establish and amend rules and bylaws;

Maintain its financial records in accordance with the bylaws;

Meet and take such actions as are consistent with the provisions of the Compact, the Commission’s rules and bylaws;

Initiate and conclude legal proceedings or actions in the name of the Commission, provided that the standing of any state licensing board to sue or be sued under applicable law shall not be affected;

Maintain and certify records and information provided to a member state as the authenticated business records of the Commission and designate an agent to do so on the Commission’s behalf;

Purchase and maintain insurance and bonds;

Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

Conduct an annual financial review;

Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

Assess and collect fees;

Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;

Lease, purchase, retain, or otherwise to own, hold, improve or use any property, real, personal or mixed; or any undivided interest therein;

Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

Establish a budget and make expenditures;

Borrow money;

Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in the Compact and the bylaws;

Provide and receive information from, and cooperate with, law enforcement agencies;

Establish and elect an executive committee, including a chair and vice chair;

Determine whether a state’s adopted language is materially different from the model Compact language such that the state would not qualify for participation in the Compact; and

Perform such other functions as may be necessary or appropriate to achieve the purposes of the Compact.

The executive committee shall have the power to act on behalf of the Commission according to the terms of the Compact. The powers, duties, and responsibilities of the executive committee shall include:

The executive committee shall be composed of up to eleven members:

The Commission may remove any member of the executive committee as provided in the Commission’s bylaws.

The executive committee shall meet at least annually.

All meetings shall be open to the public, except that the Commission may meet in a closed, non–public meeting as provided in paragraph (2) of this subsection below.

The Commission or the executive committee or other committees of the Commission may convene in a closed, non–public meeting for the Commission or executive committee or other committees of the Commission to receive legal advice or to discuss:

If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such references shall be recorded in the minutes.

The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.

The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

The Commission may accept any and all appropriate revenue sources, as provided in subsection (c)(13) of this section.

The Commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the Commission shall promulgate by rule.

The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.

The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Commission.

The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission shall not in any way compromise or limit the immunity granted hereunder.

The Commission shall defend any member, officer, executive director, employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their expense; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.

The Commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.

Nothing in this Compact shall be interpreted to waive or otherwise abrogate a member state’s action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation.

Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the member states or by the Commission.

Identifying information;

Licensure data;

Adverse actions against a license and information related thereto;

Non–confidential information related to alternative program participation, the beginning and end dates of such participation, and other information related to such participation not made confidential under member state law;

Any denial of application for licensure, and the reason(s) for such denial;

The presence of current significant investigative information; and

Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.

It is the responsibility of the member states to report any adverse action against a licensee and to monitor the database to determine whether adverse action has been taken against a licensee. Adverse action information pertaining to a licensee in any member state will be available to any other member state.

On the website of the Commission or other publicly accessible platform;

To persons who have requested notice of the Commission’s notices of proposed rulemaking; and

In such other way(s) as the Commission may by rule specify.

The time, date, and location of the public hearing at which the Commission will hear public comments on the proposed rule, and, if different, the time, date, and location of the meeting where the Commission will consider and vote on the proposed rule;

If the hearing is held via telecommunication, video conference, or other electronic means, the Commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking;

The text of the proposed rule and the reason therefor;

A request for comments on the proposed rule from any interested person; and

The manner in which interested persons may submit written comments.

The Commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.

The Commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.

The Commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in Section 12(l), the effective date of the rule shall be no sooner than 30 days after issuing the notice that it adopted or amended the rule.

Meet an imminent threat to public health, safety, or welfare;

Prevent a loss of Commission or member state funds;

Meet a deadline for the promulgation of a rule that is established by federal law or rule; or

Protect public health and safety.

The executive and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to implement the Compact.

Except as otherwise provided in this Compact, venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.

The Commission shall be entitled to receive service of process in any such proceeding regarding the enforcement or interpretation of the Compact, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process renders a judgment or order void as to the Commission, the Compact, or promulgated rules.

If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the Commission may take, and shall offer training and specific technical assistance regarding the default.

The Commission shall provide a copy of the notice of default to the other member states.

Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non–member states.

The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

By majority vote as provided by rule, the Commission may initiate legal action against a member state in default in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or the defaulting member state’s law.

A member state may initiate legal action against the Commission in the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

No person other than a member state shall enforce this Compact against the Commission.

On or after the effective date of the Compact, the Commission shall convene and review the enactment of each of the first seven member states (“charter member states”) to determine if the statute enacted by each such charter member state is materially different than the model Compact statute.

Member states enacting the Compact subsequent to the seven initial charter member states shall be subject to the process set forth in Section 10(c)(21) to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in the Compact.

All actions taken for the benefit of the Commission or in furtherance of the purposes of the administration of the Compact prior to the effective date of the Compact or the Commission coming into existence shall be considered to be actions of the Commission unless specifically repudiated by the Commission.

Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.

Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

Upon the enactment of a statute withdrawing from this Compact, a state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this Compact for a minimum of 180 days after the date of such notice of withdrawal.