<section article="gho" article_name="Health Occupations" number="19-101" title_number="19" title_name="Social Workers" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <level label="a"> <text>In this title the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Board” means the State Board of Social Work Examiners.</text> </level> <level label="c"> <text>“Certified” means having demonstrated to the satisfaction of the Board that the individual has completed 2 years of supervised social work practice as defined in § 19–302(d) or (e) of this title.</text> </level> <level label="c–1"> <text>“Conditional license” means a license issued by the Board under, and as limited by, § 19–309.1 of this title to practice:</text> <level label="1"> <text>Bachelor social work; or</text> </level> <level label="2"> <text>Master social work.</text> </level> </level> <level label="d"> <text>“Independent practice” means to practice bachelor social work or master social work without the requirement of supervision by another social worker.</text> </level> <level label="e"> <text>“License” means, unless the context requires otherwise:</text> <level label="1"> <text>One of four categories of licenses issued by the Board authorizing an individual to practice:</text> <level label="i"> <text>Bachelor social work;</text> </level> <level label="ii"> <text>Master social work;</text> </level> <level label="iii"> <text>Certified social work; or</text> </level> <level label="iv"> <text>Certified social work–clinical;</text> </level> </level> <level label="2"> <text>A conditional license issued by the Board; or</text> </level> <level label="3"> <text>A provisional license issued by the Board.</text> </level> </level> <level label="f"> <text>“Licensed bachelor social worker” means an individual licensed by the Board to practice bachelor social work.</text> </level> <level label="g"> <text>“Licensed certified social worker” means an individual licensed by the Board, on or before December 31, 2023, to practice certified social work.</text> </level> <level label="h"> <text>“Licensed certified social worker–clinical” means an individual licensed by the Board to practice clinical social work.</text> </level> <level label="i"> <text>“Licensed master social worker” means an individual licensed by the Board to practice master social work.</text> </level> <level label="j"> <text>“Practice bachelor social work” means to use the education and training required under § 19–302(b) of this title to:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>If approved by the Board in accordance with § 19–302(f) of this title, engage in independent practice.</text> </level> </level> <level label="k"> <text>“Practice certified social work” means to use the education, training, and experience required under § 19–302(d) of this title to practice social work.</text> </level> <level label="l"> <text>“Practice clinical social work” means to use the specialized education, training, and experience required under § 19–302(e) of this title to practice social work.</text> </level> <level label="m"> <text>“Practice master social work” means to use the education and training required under § 19–302(c) of this title to:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>If approved by the Board in accordance with § 19–302(f) of this title, engage in independent practice.</text> </level> </level> <level label="n"> <level label="1"> <text>“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:</text> <level label="i"> <text>Assessment;</text> </level> <level label="ii"> <text>Planning;</text> </level> <level label="iii"> <text>Intervention;</text> </level> <level label="iv"> <text>Evaluation of intervention plans;</text> </level> <level label="v"> <text>Case management;</text> </level> <level label="vi"> <text>Information and referral;</text> </level> <level label="vii"> <text>Counseling that does not include diagnosis or treatment of behavioral health disorders;</text> </level> <level label="viii"> <text>Advocacy;</text> </level> <level label="ix"> <text>Consultation;</text> </level> <level label="x"> <text>Education;</text> </level> <level label="xi"> <text>Research;</text> </level> <level label="xii"> <text>Community organization;</text> </level> <level label="xiii"> <text>Development, implementation, and administration of policies, programs, and activities; or</text> </level> <level label="xiv"> <text>Supervision of other social workers as set forth in regulations.</text> </level> </level> <level label="2"> <text>“Practice social work” includes:</text> <level label="i"> <text>Counseling for alcohol and drug use and addictive behavior; and</text> </level> <level label="ii"> <text>Using technology as set forth in regulations.</text> </level> </level> <level label="3"> <text>For an individual licensed as a master social worker, “practice social work” also includes:</text> <level label="i"> <text>Supervision of other social workers if the master social worker meets the requirements set out in regulations;</text> </level> <level label="ii"> <text>Formulating a diagnosis, under the supervision of a licensed certified social worker–clinical;</text> </level> <level label="iii"> <text>Treatment of biopsychosocial conditions, under the supervision of a licensed certified social worker–clinical; and</text> </level> <level label="iv"> <text>Treatment of behavioral health disorders, including substance use disorders, addictive disorders, and mental disorders, and the provision of psychotherapy under the supervision of a licensed certified social worker–clinical.</text> </level> </level> <level label="4"> <text>For an individual licensed as a certified social worker, “practice social work” also includes:</text> <level label="i"> <text>Supervision of other social workers;</text> </level> <level label="ii"> <text>Formulating a diagnosis, under the supervision of a licensed certified social worker–clinical;</text> </level> <level label="iii"> <text>Treatment of biopsychosocial conditions, under the supervision of a licensed certified social worker–clinical; and</text> </level> <level label="iv"> <text>Treatment of behavioral health disorders, including substance use disorders, addictive disorders, and mental disorders, and the provision of psychotherapy under the supervision of a licensed certified social worker–clinical.</text> </level> </level> <level label="5"> <text>For an individual licensed as a certified social worker–clinical, “practice social work” also includes:</text> <level label="i"> <text>Supervision of other social workers;</text> </level> <level label="ii"> <text>Evaluation, diagnosis, and treatment of biopsychosocial conditions, mental and emotional conditions and impairments, and behavioral health disorders, including substance use disorders, addictive disorders, and mental disorders, as defined in § 7.5–101 of the Health – General Article;</text> </level> <level label="iii"> <text>Petitioning for emergency evaluation under Title 10, Subtitle 6 of the Health – General Article; and</text> </level> <level label="iv"> <text>The provision of psychotherapy.</text> </level> </level> </level> <level label="o"> <text>“Private practice” means the provision of psychotherapy by a licensed certified social worker–clinical who assumes responsibility and accountability for the nature and quality of the services provided to a client:</text> <level label="1"> <text>In exchange for direct payment or third–party reimbursement; or</text> </level> <level label="2"> <text>On a pro bono basis as determined in regulations adopted by the Board.</text> </level> </level> <level label="o–1"> <text>“Provisional license” means a license issued by the Board under, and as limited by, § 19–309.2 of this title to practice:</text> <level label="1"> <text>Bachelor social work; or</text> </level> <level label="2"> <text>Master social work.</text> </level> </level> <level label="p"> <text>“Psychotherapy” means the assessment and treatment of mental disorders and behavioral health disorders.</text> </level> <level label="q"> <text>“Reactivation” means the process of obtaining a license less than 5 years after the Board placed an individual on inactive status.</text> </level> <level label="r"> <text>“Reinstatement” means the process of obtaining a license less than 5 years after the Board placed an individual on nonrenewed status.</text> </level> <level label="s"> <text>“Reissuance” means the process of obtaining a license more than 5 years after the Board placed an individual on inactive or nonrenewed status.</text> </level> <level label="t"> <text>“Supervision” means a formalized professional relationship between a supervisor and a supervisee that:</text> <level label="1"> <text>Provides evaluation and direction of the supervisee; and</text> </level> <level label="2"> <text>Promotes continued development of the supervisee’s knowledge, skills, and abilities to provide social work services in an ethical and competent manner.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="19-102" title_number="19" title_name="Social Workers" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <level label="a"> <text>The General Assembly finds that the profession of social work profoundly affects the lives, health, safety, and welfare of the people of this State.</text> </level> <level label="b"> <text>The purpose of this title is to protect the public by:</text> <level label="1"> <text>Setting minimum qualification, education, training, and experience standards for the licensing of individuals to practice social work; and</text> </level> <level label="2"> <text>Promoting and maintaining high professional standards for the practice of social work.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="19-103" title_number="19" title_name="Social Workers" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <text>This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.</text> </section> <section article="gho" article_name="Health Occupations" number="19-201" title_number="19" title_name="Social Workers" subtitle_number="2" subtitle_name="State Board of Social Work Examiners"> <text>There is a State Board of Social Work Examiners in the Department.</text> </section> <section article="gho" article_name="Health Occupations" number="19-202" title_number="19" title_name="Social Workers" subtitle_number="2" subtitle_name="State Board of Social Work Examiners"> <level label="a"> <level label="1"> <text>The Board consists of 12 members.</text> </level> <level label="2"> <text>Of the 12 Board members:</text> <level label="i"> <text>10 shall be licensed social workers of whom:</text> <level label="1"> <text>Subject to paragraph (3) of this subsection, 1 is a licensed bachelor social worker;</text> </level> <level label="2"> <text>Subject to paragraph (3) of this subsection, 1 is a licensed master social worker at the time of appointment;</text> </level> <level label="3"> <text>Subject to paragraph (3) of this subsection, at least 1 is:</text> </level> <level label="A"> <text>A licensed certified social worker; or</text> </level> <level label="B"> <text>A licensed master social worker who is approved for independent practice;</text> </level> <level label="4"> <text>Subject to paragraph (3) of this subsection, at least 4 are licensed certified social workers–clinical;</text> </level> <level label="5"> <text>1 is a licensed social worker employed by the Department of Human Services; and</text> </level> <level label="6"> <text>Subject to paragraph (3) of this subsection, 1 is a licensed social worker who is:</text> </level> <level label="A"> <text>Primarily engaged in social worker education at a social work program accredited by the Council on Social Work Education; and</text> </level> <level label="B"> <text>Nominated from a list of names submitted by the deans and directors of the Maryland Social Work Education Programs; and</text> </level> </level> <level label="ii"> <text>2 shall be consumer members.</text> </level> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>The Governor shall appoint all members of the Board with the advice of the Secretary and the advice and consent of the Senate.</text> </level> <level label="5"> <text>The Governor shall appoint all social work members of the Board from a list of nominees containing names submitted by:</text> <level label="i"> <text>Professional social work associations in the State;</text> </level> <level label="ii"> <text>Any person who provides a statement of nomination signed by at least 15 social workers licensed in the State;</text> </level> <level label="iii"> <text>The secretaries of public agencies of the State where social workers are employed; or</text> </level> <level label="iv"> <text>The corporate executive officers or executive directors of private organizations where social workers are employed.</text> </level> </level> </level> <level label="b"> <text>Each member of the Board shall be a resident of this State.</text> </level> <level label="c"> <text>Each consumer member of the Board:</text> <level label="1"> <text>Shall be a member of the general public;</text> </level> <level label="2"> <text>May not be or ever have been a social worker or in training to become a social worker;</text> </level> <level label="3"> <text>May not have a household member who is a social worker or in training to become a social worker;</text> </level> <level label="4"> <text>May not participate or ever have participated in a commercial or professional field related to social work;</text> </level> <level label="5"> <text>May not have a household member who participates in a commercial or professional field related to social work; and</text> </level> <level label="6"> <text>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.</text> </level> </level> <level label="d"> <text>Except for a licensed bachelor social worker member or a licensed master social worker member, each social worker member of the Board shall have been licensed in the State for 5 years immediately preceding the appointment and actively employed in the field of social work for at least 3 of the 5 years immediately preceding the appointment.</text> </level> <level label="e"> <text>While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board or a person that employs a person regulated by the Board.</text> </level> <level label="f"> <text>Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.</text> </level> <level label="g"> <level label="1"> <text>The term of a member is 4 years.</text> </level> <level label="2"> <text>The terms of members are staggered.</text> </level> <level label="3"> <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text> </level> <level label="4"> <text>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.</text> </level> <level label="5"> <level label="i"> <text>Except as provided in subparagraph (ii) of this paragraph, a member may not serve more than 2 consecutive full terms.</text> </level> <level label="ii"> <text>A licensed social worker member who is nominated in accordance with subsection (a)(2)(i)6B of this section may not serve more than 1 full term.</text> </level> </level> <level label="6"> <text>To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.</text> </level> </level> <level label="h"> <level label="1"> <text>The Governor may remove a member for incompetence, misconduct, or neglect of duty.</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="19-203" title_number="19" title_name="Social Workers" subtitle_number="2" subtitle_name="State Board of Social Work Examiners"> <level label="a"> <level label="1"> <text>From among its members, the Board shall elect a chair, vice chair, and secretary–treasurer every 2 years.</text> </level> <level label="2"> <text>The Board may elect other officers as necessary to fulfill the duties and responsibilities of the Board.</text> </level> </level> <level label="b"> <text>The Board shall determine:</text> <level label="1"> <text>The manner of election of the chair, vice chair, secretary–treasurer, and other officers; and</text> </level> <level label="2"> <text>The duties of each officer.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="19-204" title_number="19" title_name="Social Workers" subtitle_number="2" subtitle_name="State Board of Social Work Examiners"> <level label="a"> <text>A majority of the appointed members of the Board is a quorum to do business.</text> </level> <level label="b"> <text>The Board shall meet at least once a year, at the times and places that it determines.</text> </level> <level label="c"> <text>Each member of the Board is entitled to reimbursement for expenses at a rate determined by the Board.</text> </level> <level label="d"> <text>The Board may employ a staff in accordance with the budget of the Board.</text> </level> <level label="e"> <level label="1"> <text>The Board shall appoint an executive director.</text> </level> <level label="2"> <text>The executive director:</text> <level label="i"> <text>Serves at the pleasure of the Board;</text> </level> <level label="ii"> <text>Is the executive officer of the Board; and</text> </level> <level label="iii"> <text>Has the powers and duties assigned by the Board.</text> </level> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="19-205" title_number="19" title_name="Social Workers" subtitle_number="2" subtitle_name="State Board of Social Work Examiners"> <text>In addition to the powers and duties set forth elsewhere in this title, the Board has the following powers and duties:</text> <level label="1"> <text>To adopt rules and regulations to carry out the provisions of this title;</text> </level> <level label="2"> <text>To adopt a code of ethics;</text> </level> <level label="3"> <text>To adopt an official seal;</text> </level> <level label="4"> <text>To hold hearings and keep records and minutes necessary for the orderly conduct of business;</text> </level> <level label="5"> <text>To issue a list annually of all currently licensed social workers and all social workers disciplined by the Board in the past year in accordance with § 4–333 of the General Provisions Article; and</text> </level> <level label="6"> <text>To investigate an alleged violation of this title.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-206" title_number="19" title_name="Social Workers" subtitle_number="2" subtitle_name="State Board of Social Work Examiners"> <level label="a"> <text>There is a State Board of Social Work Examiners Fund.</text> </level> <level label="b"> <level label="1"> <text>The Board may set reasonable fees for the issuance and renewal of licenses and its other services.</text> </level> <level label="2"> <text>The fees charged shall be set to produce funds so as to approximate the cost of maintaining the Board.</text> </level> <level label="3"> <text>The Board may set fees for the issuance and renewal of each type of license.</text> </level> <level label="4"> <text>Funds to cover the expenses of the Board members shall be generated by fees set under this section.</text> </level> </level> <level label="c"> <text>An application fee may be charged by the Board.</text> </level> <level label="d"> <text>The Board shall provide a list of the fees set under this section to each applicant for a license.</text> </level> <level label="e"> <level label="1"> <text>The Board shall pay all funds collected under this title to the Comptroller of the State.</text> </level> <level label="2"> <text>The Comptroller shall distribute the fees to the State Board of Social Work Examiners Fund.</text> </level> </level> <level label="f"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>No other State money may be used to support the Fund.</text> </level> </level> <level label="g"> <level label="1"> <text>A designee of the Board shall administer the Fund.</text> </level> <level label="2"> <text>Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.</text> </level> </level> <level label="h"> <text>The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-207" title_number="19" title_name="Social Workers" subtitle_number="2" subtitle_name="State Board of Social Work Examiners"> <text>A person shall have the immunity from liability described under § 5-718 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.</text> </section> <section article="gho" article_name="Health Occupations" number="19-301" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be:</text> <level label="1"> <text>Licensed by the Board before the individual may practice social work in this State while representing oneself as a social worker; or</text> </level> <level label="2"> <text>Licensed as a certified social worker–clinical before the individual may practice clinical social work in this State.</text> </level> </level> <level label="b"> <text>This section does not apply to:</text> <level label="1"> <text>Subject to subsection (d) of this section, an individual employed by any agency of the federal government while performing the duties of that employment;</text> </level> <level label="2"> <text>An individual licensed as a social worker in another state while responding to an emergency in this State;</text> </level> <level label="3"> <text>An individual who:</text> <level label="i"> <text>Is licensed to practice social work in any other state;</text> </level> <level label="ii"> <text>Has an application for a license pending before the Board; and</text> </level> <level label="iii"> <text>Meets requirements established by the Board in regulations; or</text> </level> </level> <level label="4"> <text>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.</text> </level> </level> <level label="c"> <text>An individual may not practice social work without a license under subsection (b)(3) of this section for more than 6 months.</text> </level> <level label="d"> <text>An individual employed by an agency of the federal government who is licensed to practice social work in the State shall comply with the provisions of this title.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-302" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>To obtain a license, an applicant shall demonstrate to the satisfaction of the Board that the applicant:</text> <level label="1"> <text>Has submitted a complete written application in the form prescribed by the Board;</text> </level> <level label="2"> <text>Is at least 18 years old;</text> </level> <level label="3"> <text>Is of good moral character;</text> </level> <level label="4"> <text>Except as otherwise provided in this title, has successfully passed an examination or examinations prescribed by the Board pertinent to the license sought;</text> </level> <level label="5"> <text>Has paid all applicable fees specified by the Board;</text> </level> <level label="6"> <text>Has completed a criminal history records check in accordance with § 19–302.2 of this subtitle at the applicant’s expense; and</text> </level> <level label="7"> <text>Has submitted to an examination if required under § 19–302.3 of this subtitle.</text> </level> </level> <level label="b"> <text>To obtain a bachelor social worker license, an applicant shall:</text> <level label="1"> <text>Meet the requirements of subsection (a) of this section; and</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="c"> <text>To obtain a master social worker license, an applicant shall:</text> <level label="1"> <text>Meet the requirements of subsection (a) of this section; and</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="d"> <text>Except as provided in § 19–302.1 of this subtitle, to obtain a certified social worker license, on or before December 31, 2023, an applicant shall:</text> <level label="1"> <text>Meet the requirements of subsection (a) of this section;</text> </level> <level label="2"> <text>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</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="e"> <text>Except as provided in § 19–302.1 of this subtitle, to obtain a certified social worker–clinical license, an applicant shall:</text> <level label="1"> <text>Meet the requirements of subsection (a) of this section;</text> </level> <level label="2"> <text>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</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="f"> <level label="1"> <level label="i"> <text>Except as provided in paragraph (2) of this subsection, to obtain approval by the Board to engage in independent practice, a licensed bachelor social worker or a licensed master social worker shall submit to the Board:</text> <level label="1"> <text>An application in the form prescribed by the Board;</text> </level> <level label="2"> <text>All applicable fees specified by the Board; and</text> </level> <level label="3"> <text>Documentation in a form prescribed by the Board of having completed at least 3 years as a licensee with supervised experience of at least 4,500 hours after receiving the baccalaureate or master’s degree with a minimum of 150 hours of periodic face–to–face supervision under the terms and conditions that the Board determines by regulation.</text> </level> </level> <level label="ii"> <text>If the Board determines that a licensed bachelor social worker or a licensed master social worker who applies to the Board to engage in the practice of independent practice has not completed the supervised experience as required under paragraph (1)(i)3 of this subsection, the Board may:</text> <level label="1"> <text>Reject the application for independent practice; and</text> </level> <level label="2"> <text>Require the licensed bachelor social worker or the licensed master social worker to continue to work under supervision as required by the Board for an additional 1,500 hours before reapplying.</text> </level> </level> </level> <level label="2"> <text>The Board shall approve an individual to engage in independent practice if the individual:</text> <level label="i"> <text>Submits to the Board:</text> <level label="1"> <text>An application in the form prescribed by the Board; and</text> </level> <level label="2"> <text>All applicable fees specified by the Board;</text> </level> </level> <level label="ii"> <text>On or before January 1, 2008, was licensed by the Board as a licensed bachelor social worker or a licensed graduate social worker; and</text> </level> <level label="iii"> <text>Has actively practiced bachelor social work, actively practiced graduate social work, or actively practiced master social work for at least 10 years.</text> </level> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> <level label="5"> <text>The Board shall approve a licensee to provide supervision, in accordance with regulations adopted by the Board, if the licensee:</text> <level label="i"> <text>Is a licensed bachelor social worker or a licensed master social worker approved to engage in independent practice under this subsection;</text> </level> <level label="ii"> <text>Meets the education and training requirements for supervision established by the Board; and</text> </level> <level label="iii"> <text>Has actively practiced social work for at least 5 years under the category of license that the licensee holds, regardless of whether the licensee was approved by the Board to engage in independent practice.</text> </level> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="19-302.1" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <text>To obtain a certified social worker–clinical license, an out–of–state applicant shall:</text> <level label="1"> <text>Meet the requirements of § 19–302(a) of this subtitle;</text> </level> <level label="2"> <text>Be licensed or registered to practice social work in another state under a category of licensure that is equivalent to a certified social worker–clinical license;</text> </level> <level label="3"> <text>Have passed an examination in that state as a condition of licensure; and</text> </level> <level label="4"> <text>Have performed at least 1,000 hours of compensated social work practice per year for 5 years out of the 10 years preceding application to the Board.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-302.2" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.</text> </level> <level label="b"> <text>As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and</text> </level> <level label="3"> <text>The processing fee required by the Federal Bureau of Investigation for a national criminal history records check.</text> </level> </level> <level label="c"> <text>In accordance with §§ 10–201 through 10–228 of the Criminal Procedure Article, the Central Repository shall forward to the Board and to the applicant the criminal history record information of the applicant.</text> </level> <level label="d"> <text>If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board a revised printed statement of the individual’s State criminal history record.</text> </level> <level label="e"> <level label="1"> <text>Information obtained from the Central Repository under this section:</text> <level label="i"> <text>Is confidential and may not be redisseminated; and</text> </level> <level label="ii"> <text>May be used only for the licensing purpose authorized by this title.</text> </level> </level> <level label="2"> <text>In using information obtained from the Central Repository under this section to determine whether to issue a license, the Board shall consider:</text> <level label="i"> <text>The age at which the crime was committed;</text> </level> <level label="ii"> <text>The nature of the crime;</text> </level> <level label="iii"> <text>The circumstances surrounding the crime;</text> </level> <level label="iv"> <text>The length of time that has passed since the crime was committed;</text> </level> <level label="v"> <text>Subsequent work history;</text> </level> <level label="vi"> <text>Employment and character references; and</text> </level> <level label="vii"> <text>Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.</text> </level> </level> </level> <level label="f"> <text>The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-302.3" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>The Board may require an applicant to submit to a behavioral health or physical examination by a health care practitioner designated by the Board if the Board:</text> <level label="1"> <text>Has reason to believe that the applicant may cause harm to the applicant or to another person;</text> </level> <level label="2"> <text>Makes a written request for the applicant to submit to the examination;</text> </level> <level label="3"> <text>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</text> </level> <level label="4"> <text>Pays the cost of the examination.</text> </level> </level> <level label="b"> <text>An applicant required to submit to an examination under subsection (a) of this section shall be deemed to have:</text> <level label="1"> <text>Consented to submit to the examination; and</text> </level> <level label="2"> <text>Waived any claim or privilege as to the examination report.</text> </level> </level> <level label="c"> <text>The refusal of an applicant to submit to the examination required under subsection (a) of this section shall be prima facie evidence of the applicant’s inability to practice social work competently, unless the Board finds that the refusal was beyond the control of the applicant.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-303" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>To apply for a license, an applicant shall:</text> <level label="1"> <text>Submit an application to the Board on the form that the Board requires; and</text> </level> <level label="2"> <text>Pay to the Board the application fee set by the Board.</text> </level> </level> <level label="b"> <text>The Board shall:</text> <level label="1"> <text>Review each application;</text> </level> <level label="2"> <text>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</text> </level> <level label="3"> <text>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.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="19-304" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>An approved applicant is entitled to be examined for licensure as provided in this section.</text> </level> <level label="b"> <text>The Board shall ensure that a Board–approved examination for each category of license is made available for an applicant to take at least twice a year, at the times and places that the Board determines.</text> </level> <level label="c"> <text>The Board shall notify each approved applicant of the procedures for taking the examination.</text> </level> <level label="d"> <level label="1"> <text>The Board shall approve the subjects, scope, form, and passing score for each type of examination given under this subtitle.</text> </level> <level label="2"> <text>The examinations given under this subtitle shall strive to be free of cultural bias.</text> </level> </level> <level label="e"> <level label="1"> <text>The Board, by regulation, may limit:</text> <level label="i"> <text>The number of times an applicant may be reexamined after failing an examination required under this subtitle; and</text> </level> <level label="ii"> <text>The interval between reexaminations.</text> </level> </level> <level label="2"> <text>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.</text> </level> </level> <level label="f"> <text>The examination shall be prepared to measure the competence of the applicant to engage in the pertinent practice of social work.</text> </level> <level label="g"> <text>In the preparation, administration, and grading of an examination, the Board may employ, cooperate, or contract with an organization or consultant.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-306" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>The Board shall maintain on its website a roster of all licensees who meet the requirements of this title.</text> </level> <level label="b"> <text>The Board shall include on each electronic license record:</text> <level label="1"> <text>The category of license;</text> </level> <level label="2"> <text>The full name of the licensee;</text> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>A license number;</text> </level> <level label="5"> <text>The license status;</text> </level> <level label="6"> <text>The expiration date;</text> </level> <level label="7"> <text>The original date of issuance; and</text> </level> <level label="8"> <text>If applicable, disciplinary history.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="19-307" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>Subject to the provisions of subsections (b) and (c) of this section, a license authorizes the licensee to practice social work while the license is in effect.</text> </level> <level label="b"> <text>A licensed social worker may practice social work only within the scope of the specific category of license issued by the Board.</text> </level> <level label="c"> <level label="1"> <text>A licensed bachelor social worker may not:</text> <level label="i"> <text>Engage in independent practice unless the licensed bachelor social worker is approved by the Board to engage in independent practice in accordance with § 19–302(f) of this subtitle;</text> </level> <level label="ii"> <text>Make a clinical diagnosis of a behavioral health or emotional disorder;</text> </level> <level label="iii"> <text>Provide psychotherapy; or</text> </level> <level label="iv"> <text>Engage in private practice.</text> </level> </level> <level label="2"> <text>A licensed master social worker may not:</text> <level label="i"> <text>Engage in independent practice unless the licensed master social worker is approved by the Board to engage in independent practice in accordance with § 19–302(f) of this subtitle;</text> </level> <level label="ii"> <text>Treat behavioral health or emotional disorders or provide psychotherapy without the supervision of a licensed certified social worker–clinical;</text> </level> <level label="iii"> <text>Diagnose a behavioral health disorder without the supervision of a licensed certified social worker–clinical; or</text> </level> <level label="iv"> <text>Engage in private practice.</text> </level> </level> <level label="3"> <text>A licensed certified social worker may not:</text> <level label="i"> <text>Treat behavioral health or emotional disorders or provide psychotherapy without the supervision of a licensed certified social worker–clinical;</text> </level> <level label="ii"> <text>Diagnose a mental disorder without the supervision of a licensed certified social worker–clinical; or</text> </level> <level label="iii"> <text>Engage in private practice.</text> </level> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="19-308" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>A license expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term longer than 2 years.</text> </level> <level label="b"> <text>At least 1 month before the license expires, the Board shall send to the licensee, at the last known electronic or physical address of the licensee, a renewal notice that states:</text> <level label="1"> <text>The date on which the current license expires;</text> </level> <level label="2"> <text>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</text> </level> <level label="3"> <text>The amount of the renewal fee.</text> </level> </level> <level label="c"> <text>Each licensee shall notify the Board of any change in the address of the licensee within 60 days after the change occurs.</text> </level> <level label="d"> <text>Before the license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:</text> <level label="1"> <text>Otherwise is entitled to be licensed;</text> </level> <level label="2"> <text>Pays to the Board the appropriate renewal fee specified by this subtitle;</text> </level> <level label="3"> <text>Submits to the Board:</text> <level label="i"> <text>A renewal application on the form that the Board requires; and</text> </level> <level label="ii"> <text>Satisfactory evidence of compliance with any continuing education requirement set under this section for license renewal; and</text> </level> </level> <level label="4"> <text>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.</text> </level> </level> <level label="e"> <level label="1"> <text>Subject to subsection (g) of this section, the Board shall renew the license of each licensee who meets the requirements of this section.</text> </level> <level label="2"> <text>The Board shall maintain the same information on each licensee.</text> </level> </level> <level label="f"> <text>The Board may not renew a bachelor social worker license or a master social worker license of a licensee who holds a baccalaureate degree or master’s degree from a program that was a candidate for accreditation but was denied accreditation.</text> </level> <level label="g"> <level label="1"> <text>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:</text> <level label="i"> <text>The age at which the crime was committed;</text> </level> <level label="ii"> <text>The nature of the crime;</text> </level> <level label="iii"> <text>The circumstances surrounding the crime;</text> </level> <level label="iv"> <text>The length of time that has passed since the crime;</text> </level> <level label="v"> <text>Subsequent work history;</text> </level> <level label="vi"> <text>Employment and character references; and</text> </level> <level label="vii"> <text>Any other evidence that demonstrates whether the applicant poses a threat to the public health or safety.</text> </level> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="19-309" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <level label="1"> <text>The Board shall place a licensee on inactive status for a maximum of 5 years, if the licensee submits to the Board:</text> <level label="i"> <text>A written application for inactive status in a form prescribed by the Board; and</text> </level> <level label="ii"> <text>The inactive status fee set by the Board.</text> </level> </level> <level label="2"> <text>The Board shall provide a licensee who has complied with the requirements of paragraph (1) of this subsection with written notification of:</text> <level label="i"> <text>The date that the license expired;</text> </level> <level label="ii"> <text>The date that the licensee’s inactive status becomes effective;</text> </level> <level label="iii"> <text>The date that the licensee’s inactive status expires; and</text> </level> <level label="iv"> <text>The consequences of not resuming active status before expiration of inactive status.</text> </level> </level> <level label="3"> <text>Subject to subsection (e) of this section, the Board shall reactivate a license for an individual on inactive status who:</text> <level label="i"> <text>Applies to the Board for reactivation of the license;</text> </level> <level label="ii"> <text>Complies with the reactivation requirements that are in effect when the individual requests the reactivation of the license;</text> </level> <level label="iii"> <text>Has completed the number of credit hours of approved continuing education in social work set by the Board in the 2 years preceding the licensee’s application for reactivation;</text> </level> <level label="iv"> <text>Pays to the Board the reactivation processing fee set by the Board;</text> </level> <level label="v"> <text>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</text> </level> <level label="vi"> <text>Has been on inactive status for less than 5 years.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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:</text> <level label="i"> <text>The date that the license expired;</text> </level> <level label="ii"> <text>The date that the licensee’s nonrenewed status becomes effective;</text> </level> <level label="iii"> <text>The date that the licensee’s nonrenewed status expires; and</text> </level> <level label="iv"> <text>The fact that the licensee may not practice social work in the State.</text> </level> </level> <level label="3"> <text>Subject to subsection (e) of this section, the Board shall reinstate a license for an individual on nonrenewed status who:</text> <level label="i"> <text>Applies to the Board for reinstatement of the license;</text> </level> <level label="ii"> <text>Pays to the Board the reinstatement processing fee set by the Board;</text> </level> <level label="iii"> <text>Complies with the reinstatement requirements that are in effect when the individual requests the reinstatement of the license;</text> </level> <level label="iv"> <text>Has completed the number of credit hours of approved continuing education in social work set by the Board in the 2 years preceding the individual’s application for reinstatement;</text> </level> <level label="v"> <text>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</text> </level> <level label="vi"> <text>Has been on nonrenewed status for less than 5 years.</text> </level> </level> </level> <level label="c"> <text>An individual who has been on inactive status or nonrenewed status for more than 5 years or who otherwise fails to apply for reactivation under subsection (a)(3) of this section or reinstatement under subsection (b)(3) of this section shall apply for reissuance in accordance with subsection (d) of this section.</text> </level> <level label="d"> <text>Subject to subsection (e) of this section, the Board shall reissue a license to an individual who:</text> <level label="1"> <text>Applies to the Board for reissuance of the license;</text> </level> <level label="2"> <text>Pays to the Board the reissuance processing fee set by the Board and any other appropriate fees required by the Board;</text> </level> <level label="3"> <text>Provides any documentation required by the Board, in a form prescribed by the Board;</text> </level> <level label="4"> <text>Meets the requirements of § 19–302(a) of this subtitle;</text> </level> <level label="5"> <text>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</text> </level> <level label="6"> <level label="i"> <text>Passes the respective examination required for initial licensure; or</text> </level> <level label="ii"> <level label="1"> <text>Holds an active license to practice social work in another state under a category of licensure that is equivalent to a licensed bachelor social worker, licensed master social worker, or certified social worker–clinical; and</text> </level> <level label="2"> <text>Has passed an examination in that state as a condition of licensure.</text> </level> </level> </level> </level> <level label="e"> <level label="1"> <text>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:</text> <level label="i"> <text>The age at which the crime was committed;</text> </level> <level label="ii"> <text>The nature of the crime;</text> </level> <level label="iii"> <text>The circumstances surrounding the crime;</text> </level> <level label="iv"> <text>The length of time that has passed since the crime;</text> </level> <level label="v"> <text>Subsequent work history;</text> </level> <level label="vi"> <text>Employment and character references; and</text> </level> <level label="vii"> <text>Any other evidence that demonstrates whether the applicant poses a threat to the public health or safety.</text> </level> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="19-309.1" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>If an administrative delay for any reason or an unforeseen circumstance, act, or occurrence prevents an examination required under this subtitle from being available to an applicant for a period of at least 15 business days, the Board may issue a conditional license to an applicant who, except for passing the examination, has met the appropriate education and experience requirements of this subtitle for a license issued under § 19–302 of this subtitle to practice:</text> <level label="1"> <text>Bachelor social work; or</text> </level> <level label="2"> <text>Master social work.</text> </level> </level> <level label="b"> <text>A conditional license issued under this section authorizes the holder to practice social work in the State only under the supervision of a Board–approved supervisor while the conditional license is effective.</text> </level> <level label="c"> <text>A conditional license is valid until 180 days after the examination becomes readily available to the applicant.</text> </level> <level label="d"> <text>On or before December 31 each year, beginning in 2024, the Board shall report to the Senate Finance Committee and the House Health and Government Operations Committee, in accordance with § 2–1257 of the State Government Article, the following information for the immediately preceding 12–month period:</text> <level label="1"> <text>Whether the examination was unavailable at any time during the reporting period; and</text> </level> <level label="2"> <text>If the examination was unavailable:</text> <level label="i"> <text>The number of applicants who were eligible for a conditional license due to the unavailability of the examination;</text> </level> <level label="ii"> <text>The number of applicants who applied to take the examination;</text> </level> <level label="iii"> <text>The number of applications that were delayed in processing; and</text> </level> <level label="iv"> <text>The number of conditional licenses issued under this section.</text> </level> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="19-309.2" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>Beginning November 1, 2026, the Board shall issue a provisional license to an applicant who, except for passing the examination otherwise required under this subtitle, has met the appropriate education and experience requirements of this subtitle for a license issued under § 19–302 of this subtitle to practice:</text> <level label="1"> <text>Bachelor social work; or</text> </level> <level label="2"> <text>Master social work.</text> </level> </level> <level label="b"> <text>A provisional license:</text> <level label="1"> <text>Authorizes the holder to practice social work in the State only within the scope of the specific category of license issued by the Board;</text> </level> <level label="2"> <text>Requires the holder to practice under the supervision of a Board–approved supervisor in accordance with regulations adopted under this section;</text> </level> <level label="3"> <text>May be issued only to an initial applicant for licensure who has not previously been licensed under this title; and</text> </level> <level label="4"> <text>Does not qualify the holder for a multistate license under the Social Work Licensure Compact established under § 19–3A–01 of this title.</text> </level> </level> <level label="c"> <text>A provisional license:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>May not be renewed; and</text> </level> <level label="3"> <text>Shall terminate automatically on:</text> <level label="i"> <text>The expiration date; or</text> </level> <level label="ii"> <text>If the holder applies and qualifies for a license under subsection (e) of this section, the date that the full license is issued.</text> </level> </level> </level> <level label="d"> <text>A holder of a provisional license and the supervising social worker are jointly responsible for ensuring compliance with the supervision and expiration requirements of subsections (b)(2) and (c) of this section.</text> </level> <level label="e"> <text>The Board shall issue a full license under § 19–302 of this subtitle to a holder of a provisional license who demonstrates to the satisfaction of the Board that the holder has achieved a satisfactory score on an examination, as required under § 19–302 of this subtitle.</text> </level> <level label="f"> <text>Supervised hours completed under a provisional license:</text> <level label="1"> <text>May be counted toward the supervised experience required for independent practice approval under § 19–302(f) of this subtitle; and</text> </level> <level label="2"> <text>May be counted toward the supervised experience required to qualify for a certified social worker–clinical license under § 19–302(e) of this subtitle.</text> </level> </level> <level label="g"> <text>The Board shall adopt regulations to carry out this section, including regulations that establish:</text> <level label="1"> <text>Minimum supervision requirements and reporting procedures;</text> </level> <level label="2"> <text>Standards for evaluating supervised practice as described in subsection (e)(2) of this section;</text> </level> <level label="3"> <text>Requirements to ensure that the tracking of provisional licenses aligns with existing licensure cycles; and</text> </level> <level label="4"> <text>A reasonable fee for the issuance of a provisional license sufficient to cover administrative costs.</text> </level> </level> <level label="h"> <text>On or before December 31 each year, beginning in 2027, the Board shall report to the Senate Finance Committee and the House Health Committee, in accordance with § 2–1257 of the State Government Article, the following information for the immediately preceding 12–month period:</text> <level label="1"> <text>The number of provisional licenses issued;</text> </level> <level label="2"> <text>The number of holders of provisional licenses who obtained full licensure under subsection (e) of this section; and</text> </level> <level label="3"> <text>Any recommendations for improving:</text> <level label="i"> <text>The implementation of this section; and</text> </level> <level label="ii"> <text>The impact of this section on the health care workforce.</text> </level> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="19-310" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>Unless the Board agrees to accept the surrender of a license, a licensed social worker or the holder of a conditional license may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the social worker.</text> </level> <level label="b"> <text>The Board may set conditions on its agreement with the social worker under investigation or against whom charges are pending to accept surrender of the social worker’s license.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-311" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <text>Subject to the hearing provisions of § 19–312 of this subtitle, the Board may deny a license to any applicant, fine a licensee, reprimand any licensee, place any licensee on probation, or suspend or revoke a license if the applicant or licensee:</text> <level label="1"> <text>Obtained or attempted to obtain a license for the applicant or licensee or for another through fraud, deceit, or misrepresentation;</text> </level> <level label="2"> <text>Fraudulently or deceptively uses a license;</text> </level> <level label="3"> <text>Is mentally or physically incompetent to practice social work;</text> </level> <level label="4"> <text>Commits any act of gross negligence, incompetence, or misconduct in the practice of social work;</text> </level> <level label="5"> <text>Engages in a course of conduct that is inconsistent with generally accepted professional standards in the practice of social work;</text> </level> <level label="6"> <text>Violates any provision of this title or regulations governing the practice of social work adopted and published by the Board;</text> </level> <level label="7"> <text>Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;</text> </level> <level label="8"> <text>Provides professional services while:</text> <level label="i"> <text>Under the influence of alcohol; or</text> </level> <level label="ii"> <text>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;</text> </level> </level> <level label="9"> <text>Is disciplined by a licensing or disciplinary authority of any state or country or convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs, for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;</text> </level> <level label="10"> <text>Practices social work with an unauthorized person or supervises or aids an unauthorized person in the practice of social work;</text> </level> <level label="11"> <text>Makes or files a false report or record in the practice of social work;</text> </level> <level label="12"> <text>Fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file the report;</text> </level> <level label="13"> <text>Submits a false statement to collect a fee;</text> </level> <level label="14"> <text>Fails to report suspected child abuse or neglect in violation of § 5–704 of the Family Law Article;</text> </level> <level label="15"> <text>Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services on the basis of race, age, sex, sexual orientation, gender identity, disability, religion, ethnic origin, or HIV status;</text> </level> <level label="16"> <text>Fails to cooperate with a lawful investigation conducted by the Board;</text> </level> <level label="17"> <text>By threats, force, or improper means, intimidates or influences, or attempts to intimidate or influence, for the purpose of:</text> <level label="i"> <text>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</text> </level> <level label="ii"> <text>Hindering, preventing, or otherwise delaying a person from making information available to the Board in furtherance of an investigation by the Board;</text> </level> </level> <level label="18"> <text>Fails to report suspected abuse or neglect of a vulnerable adult in violation of § 3–604 or § 3–605 of the Criminal Law Article;</text> </level> <level label="19"> <text>Fails to comply with the requirements of any order entered by the Board as a result of any disciplinary matter with the Board, including payment of costs as required by § 19–312 of this subtitle;</text> </level> <level label="20"> <text>Fails to maintain adequate patient records; or</text> </level> <level label="21"> <text>Fails to comply with the maintenance, disclosure, and destruction of medical records as required under Title 4, Subtitles 3 and 4 of the Health – General Article.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-311.1" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>If after a hearing under § 19–312 of this subtitle the Board finds that there are grounds under § 19–311 of this subtitle to reprimand a licensee, place a licensee on probation, or suspend or revoke a license, the Board may impose a fine on the licensee in an amount not exceeding $10,000:</text> <level label="1"> <text>Instead of reprimanding the licensee, placing the licensee on probation, or suspending or revoking the social worker’s license; or</text> </level> <level label="2"> <text>In addition to reprimanding the licensee, placing the licensee on probation, or suspending or revoking the social worker’s license.</text> </level> </level> <level label="b"> <text>The Board shall adopt regulations to set standards for the imposition of fines under this section.</text> </level> <level label="c"> <text>The Board shall pay any fine collected under this section into the General Fund.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-312" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 19-311 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.</text> </level> <level label="b"> <text>The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.</text> </level> <level label="c"> <text>Over the signature of an officer or the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.</text> </level> <level label="d"> <text>If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.</text> </level> <level label="e"> <text>If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.</text> </level> <level label="f"> <text>If, after a hearing, an individual is found in violation of § 19-311 of this subtitle, the individual shall pay the costs of the hearing as specified in a regulation adopted by the Board.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-313" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>Except as provided in this section for an action under § 19–311 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.</text> </level> <level label="b"> <text>Any person aggrieved by a final decision of the Board under § 19–311 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-314" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <text>If a license has been suspended or revoked under § 19–311 of this subtitle, the Board may reinstate that license only in accordance with:</text> <level label="1"> <text>The terms and conditions of the order of suspension or revocation; or</text> </level> <level label="2"> <text>An order of reinstatement issued by the Board.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-315" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>In this section, “social worker rehabilitation process” means a process that may include the evaluation and provision of assistance or the provision of information and resources to a licensee in need of treatment and rehabilitation for:</text> <level label="1"> <text>Alcoholism;</text> </level> <level label="2"> <text>Substance abuse or dependency; or</text> </level> <level label="3"> <text>Other physical, emotional, or behavioral health conditions.</text> </level> </level> <level label="b"> <text>The social worker rehabilitation process of the Board may function to assist persons referred:</text> <level label="1"> <text>Solely by the Board;</text> </level> <level label="2"> <text>Jointly with a rehabilitation committee representing another board or boards; or</text> </level> <level label="3"> <text>By the licensee.</text> </level> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.</text> </level> </level> <level label="d"> <text>A person who acts in good faith and within the scope of jurisdiction of the Board is not civilly liable for any action relating to the social worker rehabilitation process or for giving information to, participating in, or contributing to the administration of the social worker rehabilitation process.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-316" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>An action may be maintained in the name of the State or the Board to enjoin:</text> <level label="1"> <text>The unauthorized practice of social work; or</text> </level> <level label="2"> <text>Conduct that is a ground for disciplinary action under § 19-311 of this subtitle.</text> </level> </level> <level label="b"> <text>An action under this section may be brought by:</text> <level label="1"> <text>The Board, in its own name;</text> </level> <level label="2"> <text>The Attorney General, in the name of the State; or</text> </level> <level label="3"> <text>A State’s Attorney, in the name of the State.</text> </level> </level> <level label="c"> <text>An action under this section shall be brought in the county where the defendant:</text> <level label="1"> <text>Resides; or</text> </level> <level label="2"> <text>Engages in the act sought to be enjoined.</text> </level> </level> <level label="d"> <text>Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.</text> </level> <level label="e"> <text>An action under this section is in addition to and not instead of criminal prosecution for unauthorized practice of social work under § 19-401 of this title or disciplinary action under § 19-311 of this subtitle.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-316.1" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <text>The Board may issue a cease and desist order or obtain injunctive relief for a violation of any provision of § 19–301 of this subtitle or §§ 19–401 through 19–403 of this title.</text> </section> <section article="gho" article_name="Health Occupations" number="19-317" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>While investigating an allegation against a licensee under this title, the Board may require the licensee to submit to an appropriate examination by a health care provider designated by the Board if the Board has reason to believe that the licensee may cause harm to self or others.</text> </level> <level label="b"> <text>In return for the privilege given to a licensee to practice social work in the State, the licensee is deemed to have:</text> <level label="1"> <text>Consented to submit to an examination under this section, if requested by the Board in writing; and</text> </level> <level label="2"> <text>Waived any claim of privilege as to the testimony or report of a health care provider who examines the licensee.</text> </level> </level> <level label="c"> <text>The failure or refusal of the licensee to submit to an examination required under this section is prima facie evidence of the licensee’s inability to practice social work competently, unless the Board finds that the failure or refusal was beyond the control of the licensee.</text> </level> <level label="d"> <text>The Board shall pay the cost of any examination made under this section.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-318" title_number="19" title_name="Social Workers" subtitle_number="3" subtitle_name="Licensing"> <level label="a"> <text>Before a licensee in a private individual, partnership, or group practice provides social work services to a client, the licensee shall provide to the client the following disclosures:</text> <level label="1"> <text>The licensee’s professional identity;</text> </level> <level label="2"> <text>The services which are or may be provided by the licensee and the fees for each service or the hourly rate; and</text> </level> <level label="3"> <text>Sufficient information for a patient to give informed consent regarding the nature of the services to be provided.</text> </level> </level> <level label="b"> <text>The manner of providing these disclosures shall be as follows:</text> <level label="1"> <text>The licensee’s professional identity may be provided by directing the client to the license verification section on the Board’s website;</text> </level> <level label="2"> <text>The licensee’s services and fees may be provided by documented discussion or printed fee schedule; and</text> </level> <level label="3"> <text>Informed consent may be provided by documented discussion or a written form signed by the client which is kept in the client’s file.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="19-3A-01" title_number="19" title_name="Social Workers" subtitle_number="3A" subtitle_name="Interstate Social Work Licensure Compact"> <text>The Social Work Licensure Compact is enacted into law and entered into with all other states legally joining in it in the form substantially as it appears in this section as follows:</text> <text>SECTION 1. PURPOSE.</text> <text>The purpose of this Compact is to facilitate interstate practice of regulated social workers by improving public access to competent social work services. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This Compact is designed to achieve the following objectives:</text> <level label="1"> <text>Increase public access to social workers;</text> </level> <level label="2"> <text>Reduce overly burdensome and duplicative requirements associated with holding multiple licenses;</text> </level> <level label="3"> <text>Enhance the member states’ ability to protect the public’s health and safety;</text> </level> <level label="4"> <text>Encourage the cooperation of member states in regulating multistate practice;</text> </level> <level label="5"> <text>Promote mobility and address workforce shortages by eliminating the necessity for licenses in multiple states by providing for the mutual recognition of other member state licenses;</text> </level> <level label="6"> <text>Support military families;</text> </level> <level label="7"> <text>Facilitate the exchange of licensure and disciplinary information among member states;</text> </level> <level label="8"> <text>Authorize all member states to hold a regulated social worker accountable for abiding by a member state’s laws, regulations, and applicable professional standards in the member state in which the client is located at the time care is rendered; and</text> </level> <level label="9"> <text>Allow the use of telehealth to facilitate increased access to regulated social work services.</text> <text>SECTION 2. DEFINITIONS.</text> <text>As used in this Compact, and except as otherwise provided, the following definitions shall apply:</text> </level> <level label="1"> <text>“Active military member” means any individual with full–time duty status in the active armed forces of the United States, including members of the National Guard and Reserve.</text> </level> <level label="2"> <text>“Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing authority or other authority against a regulated social worker, including actions against an individual’s license or multistate authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a regulated social worker’s authorization to practice, including issuance of a cease and desist action.</text> </level> <level label="3"> <text>“Alternative program” means a non–disciplinary monitoring or practice remediation process approved by a licensing authority to address practitioners with an impairment.</text> </level> <level label="4"> <text>“Charter member states” means member states who have enacted legislation to adopt this Compact where such legislation predates the effective date of this Compact as described in Section 14.</text> </level> <level label="5"> <text>“Compact commission” or “Commission” means the government agency whose membership consists of all states that have enacted this Compact, which is known as the Social Work Licensure Compact Commission, as described in Section 10, and which shall operate as an instrumentality of the member states.</text> </level> <level label="6"> <text>“Current significant investigative information” means:</text> <level label="i"> <text>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</text> </level> <level label="ii"> <text>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.</text> </level> </level> <level label="7"> <text>“Data system” means a repository of information about licensees, including continuing education, examination, licensure, current significant investigative information, disqualifying event, multistate license, and adverse action information or other information as required by the Commission.</text> </level> <level label="8"> <text>“Disqualifying event” means any adverse action or incident which results in an encumbrance that disqualifies or makes the licensee ineligible to obtain, retain, or renew a multistate license.</text> </level> <level label="9"> <text>“Domicile” means the jurisdiction in which the licensee resides and intends to remain indefinitely.</text> </level> <level label="10"> <text>“Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of social work licensed and regulated by a licensing authority.</text> </level> <level label="11"> <text>“Executive committee” means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the Compact and Commission.</text> </level> <level label="12"> <text>“Home state” means the member state that is the licensee’s primary domicile.</text> </level> <level label="13"> <text>“Impairment” means a condition that may impair a practitioner’s ability to engage in full and unrestricted practice as a regulated social worker without some type of intervention and may include alcohol and drug dependence, mental health impairment, and neurological or physical impairments.</text> </level> <level label="14"> <text>“Licensee” means an individual who currently holds a license from a state to practice as a regulated social worker.</text> </level> <level label="15"> <text>“Licensing authority” means the board or agency of a member state, or equivalent, that is responsible for the licensing and regulation of regulated social workers.</text> </level> <level label="16"> <text>“Member state” means a state, commonwealth, district, or territory of the United States of America that has enacted this Compact.</text> </level> <level label="17"> <text>“Multistate authorization to practice” means a legally authorized privilege to practice, which is equivalent to a license, associated with a multistate license permitting the practice of social work in a remote state.</text> </level> <level label="18"> <text>“Multistate license” means a license to practice as a regulated social worker issued by a home state licensing authority that authorizes the regulated social worker to practice in all member states under multistate authorization to practice.</text> </level> <level label="19"> <text>“Qualifying national exam” means a national licensing examination approved by the Commission.</text> </level> <level label="20"> <text>“Regulated social worker” means any clinical, master’s, or bachelor’s social worker licensed by a member state regardless of the title used by that member state.</text> </level> <level label="21"> <text>“Remote state” means a member state other than the home state.</text> </level> <level label="22"> <text>“Rule” or “Rule of the Commission” means a regulation duly promulgated by the Commission, as authorized by this Compact, that has the force of law.</text> </level> <level label="23"> <text>“Single state license” means a social work license issued by any state that authorizes practice only within the issuing state and does not include multistate authorization to practice in any member state.</text> </level> <level label="24"> <text>“Social work” or “social work services” means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities through the care and services provided by a regulated social worker as set forth in the member state’s statutes and regulations in the state where the services are being provided.</text> </level> <level label="25"> <text>“State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of social work.</text> </level> <level label="26"> <text>“Unencumbered license” means a license that authorizes a regulated social worker to engage in the full and unrestricted practice of social work.</text> <text>SECTION 3. STATE PARTICIPATION IN THE COMPACT.</text> </level> <level label="a"> <text>To be eligible to participate in the Compact, a potential member state must currently meet all of the following criteria:</text> <level label="1"> <text>License and regulate social work at either the clinical, master’s or bachelor’s category;</text> </level> <level label="2"> <text>Require applicants for licensure to graduate from a program that:</text> <level label="i"> <text>Is operated by a college or university recognized by the licensing authority;</text> </level> <level label="ii"> <text>Is accredited, or in candidacy by an institution that subsequently becomes accredited, by an accrediting agency recognized by either:</text> <level label="1"> <text>The Council for Higher Education Accreditation or its successor; or</text> </level> <level label="2"> <text>The United States Department of Education; and</text> </level> </level> <level label="iii"> <text>Corresponds to the licensure sought as outlined in Section 4;</text> </level> </level> <level label="3"> <text>Require applicants for clinical licensure to complete a period of supervised practice; and</text> </level> <level label="4"> <text>Have a mechanism in place for receiving, investigating, and adjudicating complaints about licensees.</text> </level> </level> <level label="b"> <text>To maintain membership in the Compact a member state shall:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>Participate fully in the Commission’s data system, including using the Commission’s unique identifier as defined in rules;</text> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>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;</text> </level> <level label="5"> <text>Comply with the rules of the Commission;</text> </level> <level label="6"> <text>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;</text> </level> <level label="7"> <text>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</text> </level> <level label="8"> <text>Designate a delegate to participate in the Commission meetings.</text> </level> </level> <level label="c"> <text>A member state meeting the requirements of Sections 3(a) and 3(b) of this Compact shall designate the categories of social work licensure that are eligible for issuance of a multistate license for applicants in such member state. To the extent that any member state does not meet the requirements for participation in the Compact at any particular category of social work licensure, such member state may choose, but is not obligated to, issue a multistate license to applicants that otherwise meet the requirements of Section 4 for issuance of a multistate license in such category or categories of licensure.</text> </level> <level label="d"> <text>The home states may charge a fee for granting the multistate license.</text> <text>SECTION 4. REGULATED SOCIAL WORKER PARTICIPATION IN THE COMPACT.</text> </level> <level label="a"> <text>To be eligible for a multistate license under the terms and provisions of the Compact, an applicant, regardless of category must:</text> <level label="1"> <text>Hold or be eligible for an active, unencumbered license in the home state;</text> </level> <level label="2"> <text>Pay any applicable fees, including any state fee, for the multistate license;</text> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>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;</text> </level> <level label="5"> <text>Meet any continuing competence requirements established by the home state; and</text> </level> <level label="6"> <text>Abide by the laws, regulations, and applicable standards in the member state where the client is located at the time care is rendered.</text> </level> </level> <level label="b"> <text>An applicant for a clinical–category multistate license must meet all of the following requirements:</text> <level label="1"> <text>Fulfill a competency requirement, which shall be satisfied by either:</text> <level label="i"> <text>Passage of a clinical–category qualifying national exam;</text> </level> <level label="ii"> <text>Licensure of the applicant in their home state at the clinical category, beginning prior to such time as a qualifying national exam was required by the home state and accompanied by a period of continuous social work licensure thereafter, all of which may be further governed by the rule of the Commission; or</text> </level> <level label="iii"> <text>The substantial equivalency of the foregoing competency requirements which the Commission may determine by rule.</text> </level> </level> <level label="2"> <text>Attain at least a master’s degree in social work from a program that is:</text> <level label="i"> <text>Operated by a college or university recognized by the licensing authority; and</text> </level> <level label="ii"> <text>Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:</text> <level label="1"> <text>The Council for Higher Education Accreditation or its successor; or</text> </level> <level label="2"> <text>The United States Department of Education;</text> </level> </level> </level> <level label="3"> <text>Fulfill a practice requirement, which shall be satisfied by demonstrating completion of either:</text> <level label="i"> <text>A period of postgraduate supervised clinical practice equal to a minimum of three thousand hours;</text> </level> <level label="ii"> <text>A minimum of two years of full–time postgraduate supervised clinical practice; or</text> </level> <level label="iii"> <text>The substantial equivalency of the foregoing practice requirements which the Commission may determine by rule.</text> </level> </level> </level> <level label="c"> <text>An applicant for a master’s–category multistate license must meet all of the following requirements:</text> <level label="1"> <text>Fulfill a competency requirement, which shall be satisfied by either:</text> <level label="i"> <text>Passage of a master’s–category qualifying national exam;</text> </level> <level label="ii"> <text>Licensure of the applicant in their home state at the master’s category, beginning prior to such time as a qualifying national exam was required by the home state at the master’s category and accompanied by a continuous period of social work licensure thereafter, all of which may be further governed by the rule of the Commission; or</text> </level> <level label="iii"> <text>The substantial equivalency of the foregoing competency requirements which the Commission may determine by rule.</text> </level> </level> <level label="2"> <text>Attain at least a master’s degree in social work, from a program that is:</text> <level label="i"> <text>Operated by a college or university recognized by the licensing authority; and</text> </level> <level label="ii"> <text>Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:</text> <level label="1"> <text>The Council for Higher Education Accreditation, or its successor; or</text> </level> <level label="2"> <text>The United States Department of Education.</text> </level> </level> </level> </level> <level label="d"> <text>An applicant for a bachelor’s–category multistate license must meet all of the following requirements:</text> <level label="1"> <text>Fulfill a competency requirement, which shall be satisfied by either:</text> <level label="i"> <text>Passage of a bachelor’s–category qualifying national exam;</text> </level> <level label="ii"> <text>Licensure of the applicant in their home state at the bachelor’s category, beginning prior to such time as a qualifying national exam was required by the home state and accompanied by a continuous period of social work licensure thereafter, all of which may be further governed by the rule of the Commission; or</text> </level> <level label="iii"> <text>The substantial equivalency of the foregoing competency requirements which the Commission may determine by rule; and</text> </level> </level> <level label="2"> <text>Attain at least a bachelor’s degree in social work from a program that is:</text> <level label="i"> <text>Operated by a college or university recognized by the licensing authority; and</text> </level> <level label="ii"> <text>Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:</text> <level label="1"> <text>The Council for Higher Education Accreditation, or its successor; or</text> </level> <level label="2"> <text>The United States Department of Education.</text> </level> </level> </level> </level> <level label="e"> <text>The multistate license for a regulated social worker is subject to the renewal requirements of the home state. The regulated social worker must maintain compliance with the requirements of Section 4(a) to be eligible to renew a multistate license.</text> </level> <level label="f"> <text>The regulated social worker’s services in a remote state are subject to that member state’s regulatory authority. A remote state may, in accordance with due process and that member state’s laws, remove a regulated social worker’s multistate authorization to practice in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens.</text> </level> <level label="g"> <text>If a multistate license is encumbered, the regulated social worker’s multistate authorization to practice shall be deactivated in all remote states until the multistate license is no longer encumbered.</text> </level> <level label="h"> <text>If a multistate authorization to practice is encumbered in a remote state, the regulated social worker’s multistate authorization to practice may be deactivated in that state until the multistate authorization to practice is no longer encumbered.</text> <text>SECTION 5. ISSUANCE OF A MULTISTATE LICENSE.</text> </level> <level label="a"> <text>Upon receipt of an application for a multistate license, the home state licensing authority shall determine the applicant’s eligibility for a multistate license in accordance with Section 4 of this Compact.</text> </level> <level label="b"> <text>If such applicant is eligible pursuant to Section 4 of this Compact, the home state licensing authority shall issue a multistate license that authorizes the applicant or regulated social worker to practice in all member states under a multistate authorization to practice.</text> </level> <level label="c"> <text>Upon issuance of a multistate license, the home state licensing authority shall designate whether the regulated social worker holds a multistate license in the bachelor’s, master’s, or clinical category of social work.</text> </level> <level label="d"> <text>A multistate license issued by a home state to a resident in that state shall be recognized by all Compact member states as authorizing social work practice under a multistate authorization to practice corresponding to each category of licensure regulated in each member state.</text> <text>SECTION 6. AUTHORITY OF INTERSTATE COMPACT COMMISSION AND MEMBER STATE LICENSING AUTHORITIES.</text> </level> <level label="a"> <text>Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of social work in that state, where those laws, regulations, or other rules are not inconsistent with the provisions of this Compact.</text> </level> <level label="b"> <text>Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single state license.</text> </level> <level label="c"> <text>Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to take adverse action against a licensee’s single state license to practice social work in that state.</text> </level> <level label="d"> <text>Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a remote state to take adverse action against a licensee’s multistate authorization to practice in that state.</text> </level> <level label="e"> <text>Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a licensee’s home state to take adverse action against a licensee’s multistate license based upon information provided by a remote state.</text> <text>SECTION 7. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE.</text> </level> <level label="a"> <text>A licensee can hold a multistate license, issued by their home state, in only one member state at any given time.</text> </level> <level label="b"> <text>If a licensee changes their home state by moving between two member states:</text> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>If required for initial licensure, the new home state may require completion of jurisprudence requirements in the new home state.</text> </level> <level label="5"> <text>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.</text> </level> </level> <level label="c"> <text>If a licensee changes their primary state of residence by moving from a member state to a non–member state, or from a non–member state to a member state, then the licensee shall be subject to the state requirements for the issuance of a single state license in the new home state.</text> </level> <level label="d"> <text>Nothing in this Compact shall interfere with a licensee’s ability to hold a single state license in multiple states; however, for the purposes of this Compact, a licensee shall have only one home state, and only one multistate license.</text> </level> <level label="e"> <text>Nothing in this Compact shall interfere with the requirements established by a member state for the issuance of a single state license.</text> <text>SECTION 8. MILITARY FAMILIES.</text> <text>An active military member or their spouse shall designate a home state where the individual has a multistate license. The individual may retain their home state designation during the period the service member is on active duty.</text> <text>SECTION 9. ADVERSE ACTIONS.</text> </level> <level label="a"> <text>In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:</text> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Only the home state shall have the power to take adverse action against a regulated social worker’s multistate license.</text> </level> </level> <level label="b"> <text>For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.</text> </level> <level label="c"> <text>The home state shall complete any pending investigations of a regulated social worker who changes their home state during the course of the investigations. The home state shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.</text> </level> <level label="d"> <text>A member state, if otherwise permitted by state law, may recover from the affected regulated social worker the costs of investigations and dispositions of cases resulting from any adverse action taken against that regulated social worker.</text> </level> <level label="e"> <text>A member state may take adverse action based on the factual findings of another member state, provided that the member state follows its own procedures for taking adverse action.</text> </level> <level label="f"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.</text> </level> </level> <level label="g"> <text>If an adverse action is taken by the home state against the multistate license of a regulated social worker, the regulated social worker’s multistate authorization to practice in all other member states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against the license of a regulated social worker shall include a statement that the regulated social worker’s multistate authorization to practice is deactivated in all member states until all conditions of the decision, order, or agreement are satisfied.</text> </level> <level label="h"> <text>If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state and all other member states of any adverse actions by remote states.</text> </level> <level label="i"> <text>Nothing in this Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.</text> </level> <level label="j"> <text>Nothing in this Compact shall authorize a member state to demand the issuance of subpoenas for attendance and testimony of witnesses or the production of evidence from another member state for lawful actions within that member state.</text> </level> <level label="k"> <text>Nothing in this Compact shall authorize a member state to impose discipline against a regulated social worker who holds a multistate authorization to practice for lawful actions within another member state.</text> <text>SECTION 10. ESTABLISHMENT OF THE SOCIAL WORK LICENSURE COMPACT COMMISSION.</text> </level> <level label="a"> <text>The Compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the Compact known as the Social Work Licensure Compact Commission. The Commission is an instrumentality of the Compact states acting jointly and not an instrumentality of any one state. The Commission shall come into existence on or after the effective date of the Compact as set forth in Section 14.</text> </level> <level label="b"> <level label="1"> <text>Each member state shall have and be limited to one delegate selected by that member state’s licensing authority.</text> </level> <level label="2"> <text>The delegate shall be either:</text> <level label="i"> <text>A current member of the licensing authority at the time of appointment, who is a regulated social worker, or public member of the licensing authority; or</text> </level> <level label="ii"> <text>An administrator of the licensing authority or their designee.</text> </level> </level> <level label="3"> <text>The Commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.</text> </level> <level label="4"> <text>The Commission may recommend removal or suspension of any delegate from office.</text> </level> <level label="5"> <text>A member state’s licensing authority shall fill any vacancy of its delegate occurring on the Commission within 60 days of the vacancy.</text> </level> <level label="6"> <text>Each delegate shall be entitled to one vote on all matters before the Commission requiring a vote by Commission delegates.</text> </level> <level label="7"> <text>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.</text> </level> <level label="8"> <text>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.</text> </level> </level> <level label="c"> <text>The Commission shall have the following powers:</text> <level label="1"> <text>Establish the fiscal year of the Commission;</text> </level> <level label="2"> <text>Establish a code of conduct and conflict of interest policies;</text> </level> <level label="3"> <text>Establish and amend rules and bylaws;</text> </level> <level label="4"> <text>Maintain its financial records in accordance with the bylaws;</text> </level> <level label="5"> <text>Meet and take such actions as are consistent with the provisions of the Compact, the Commission’s rules and bylaws;</text> </level> <level label="6"> <text>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;</text> </level> <level label="7"> <text>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;</text> </level> <level label="8"> <text>Purchase and maintain insurance and bonds;</text> </level> <level label="9"> <text>Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;</text> </level> <level label="10"> <text>Conduct an annual financial review;</text> </level> <level label="11"> <text>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;</text> </level> <level label="12"> <text>Assess and collect fees;</text> </level> <level label="13"> <text>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;</text> </level> <level label="14"> <text>Lease, purchase, retain, or otherwise to own, hold, improve or use any property, real, personal or mixed; or any undivided interest therein;</text> </level> <level label="15"> <text>Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;</text> </level> <level label="16"> <text>Establish a budget and make expenditures;</text> </level> <level label="17"> <text>Borrow money;</text> </level> <level label="18"> <text>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;</text> </level> <level label="19"> <text>Provide and receive information from, and cooperate with, law enforcement agencies;</text> </level> <level label="20"> <text>Establish and elect an executive committee, including a chair and vice chair;</text> </level> <level label="21"> <text>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</text> </level> <level label="22"> <text>Perform such other functions as may be necessary or appropriate to achieve the purposes of the Compact.</text> </level> </level> <level label="d"> <level label="1"> <text>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:</text> <level label="i"> <text>Overseeing the day–to–day activities of the administration of the Compact including enforcement and compliance with the provisions of the Compact, its rules and bylaws, and other such duties as deemed necessary;</text> </level> <level label="ii"> <text>Recommending to the Commission changes to the rules or bylaws, changes to this Compact legislation, fees charged to Compact member states such as fees charged to licensees, and other fees;</text> </level> <level label="iii"> <text>Ensuring Compact administration services are appropriately provided, including by contract;</text> </level> <level label="iv"> <text>Preparing and recommending the budget;</text> </level> <level label="v"> <text>Maintaining financial records on behalf of the Commission;</text> </level> <level label="vi"> <text>Monitoring Compact compliance of member states and providing compliance reports to the Commission;</text> </level> <level label="vii"> <text>Establishing additional committees as necessary;</text> </level> <level label="viii"> <text>Exercising the powers and duties of the Commission during the interim between Commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by rule or bylaw; and</text> </level> <level label="ix"> <text>Other duties as provided in the rules or bylaws of the Commission.</text> </level> </level> <level label="2"> <text>The executive committee shall be composed of up to eleven members:</text> <level label="i"> <text>The chair and vice chair of the Commission shall be voting members of the executive committee;</text> </level> <level label="ii"> <text>The Commission shall elect five voting members from the current membership of the Commission;</text> </level> <level label="iii"> <text>Up to four ex officio, nonvoting members from four recognized national social worker organizations;</text> </level> <level label="iv"> <text>The ex officio members will be selected by their respective organizations.</text> </level> </level> <level label="3"> <text>The Commission may remove any member of the executive committee as provided in the Commission’s bylaws.</text> </level> <level label="4"> <text>The executive committee shall meet at least annually.</text> <level label="i"> <text>Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, non–public meeting as provided in subsection (f)(2) below.</text> </level> <level label="ii"> <text>The executive committee shall give seven days’ notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the Commission.</text> </level> <level label="iii"> <text>The executive committee may hold a special meeting in accordance with subsection (f)(1)(ii) below.</text> </level> </level> </level> <level label="e"> <text>The Commission shall adopt and provide to the member states an annual report.</text> </level> <level label="f"> <level label="1"> <text>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.</text> <level label="i"> <text>Public notice for all meetings of the full Commission shall be given in the same manner as required under the rulemaking provisions in Section 12, except that the Commission may hold a special meeting as provided in subparagraph (ii) of this paragraph below.</text> </level> <level label="ii"> <text>The Commission may hold a special meeting when it must meet to conduct emergency business by giving 48 hours’ notice to all commissioners, on the Commission’s website, and other means as provided in the Commission’s rules. The Commission’s legal counsel shall certify that the Commission’s need to meet qualifies as an emergency.</text> </level> </level> <level label="2"> <text>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:</text> <level label="i"> <text>Non–compliance of a member state with its obligations under the Compact;</text> </level> <level label="ii"> <text>The employment, compensation, discipline or other matters, practices or procedures related to specific employees;</text> </level> <level label="iii"> <text>Current or threatened discipline of a licensee by the Commission or by a member state’s licensing authority;</text> </level> <level label="iv"> <text>Current, threatened, or reasonably anticipated litigation;</text> </level> <level label="v"> <text>Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;</text> </level> <level label="vi"> <text>Accusing any person of a crime or formally censuring any person;</text> </level> <level label="vii"> <text>Trade secrets or commercial or financial information that is privileged or confidential;</text> </level> <level label="viii"> <text>Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;</text> </level> <level label="ix"> <text>Investigative records compiled for law enforcement purposes;</text> </level> <level label="x"> <text>Information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact;</text> </level> <level label="xi"> <text>Matters specifically exempted from disclosure by federal or member state law; or</text> </level> <level label="xii"> <text>Other matters as promulgated by the Commission by rule.</text> </level> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> </level> <level label="g"> <level label="1"> <text>The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.</text> </level> <level label="2"> <text>The Commission may accept any and all appropriate revenue sources, as provided in subsection (c)(13) of this section.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> <level label="5"> <text>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.</text> </level> </level> <level label="h"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> <level label="5"> <text>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.</text> </level> <level label="6"> <text>Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the member states or by the Commission.</text> <text>SECTION 11. DATA SYSTEM.</text> </level> </level> <level label="a"> <text>The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated data system.</text> </level> <level label="b"> <text>The Commission shall assign each applicant for a multistate license a unique identifier, as determined by the rules of the Commission.</text> </level> <level label="c"> <text>Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:</text> <level label="1"> <text>Identifying information;</text> </level> <level label="2"> <text>Licensure data;</text> </level> <level label="3"> <text>Adverse actions against a license and information related thereto;</text> </level> <level label="4"> <text>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;</text> </level> <level label="5"> <text>Any denial of application for licensure, and the reason(s) for such denial;</text> </level> <level label="6"> <text>The presence of current significant investigative information; and</text> </level> <level label="7"> <text>Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.</text> </level> </level> <level label="d"> <text>The records and information provided to a member state pursuant to this Compact or through the data system, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi–judicial or administrative proceedings in a member state.</text> </level> <level label="e"> <text>Current significant investigative information pertaining to a licensee in any member state will only be available to other member states.</text> <level label="1"> <text>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.</text> </level> </level> <level label="f"> <text>Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.</text> </level> <level label="g"> <text>Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.</text> <text>SECTION 12. RULEMAKING.</text> </level> <level label="a"> <text>The Commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the Compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the Compact, or the powers granted hereunder, or based upon another applicable standard of review.</text> </level> <level label="b"> <text>The rules of the Commission shall have the force of law in each member state, provided however that where the rules of the Commission conflict with the laws of the member state that establish the member state’s laws, regulations, and applicable standards that govern the practice of social work as held by a court of competent jurisdiction, the rules of the Commission shall be ineffective in that state to the extent of the conflict.</text> </level> <level label="c"> <text>The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules shall become binding as on the day following adoption or the date specified in the rule or amendment, whichever is later.</text> </level> <level label="d"> <text>If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.</text> </level> <level label="e"> <text>Rules shall be adopted at a regular or special meeting of the Commission.</text> </level> <level label="f"> <text>Prior to adoption of a proposed rule, the Commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.</text> </level> <level label="g"> <text>Prior to adoption of a proposed rule by the Commission, and at least 30 days in advance of the meeting at which the Commission will hold a public hearing on the proposed rule, the Commission shall provide a notice of proposed rulemaking:</text> <level label="1"> <text>On the website of the Commission or other publicly accessible platform;</text> </level> <level label="2"> <text>To persons who have requested notice of the Commission’s notices of proposed rulemaking; and</text> </level> <level label="3"> <text>In such other way(s) as the Commission may by rule specify.</text> </level> </level> <level label="h"> <text>The notice of proposed rulemaking shall include:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>The text of the proposed rule and the reason therefor;</text> </level> <level label="4"> <text>A request for comments on the proposed rule from any interested person; and</text> </level> <level label="5"> <text>The manner in which interested persons may submit written comments.</text> </level> </level> <level label="i"> <text>All hearings will be recorded. A copy of the recording and all written comments and documents received by the Commission in response to the proposed rule shall be made available to the public.</text> </level> <level label="j"> <text>Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.</text> </level> <level label="k"> <text>The Commission shall, by majority vote of all members, take final action on the proposed rule based on the rulemaking record and the full text of the rule.</text> <level label="1"> <text>The Commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="l"> <text>Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule with 48 hours’ notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:</text> <level label="1"> <text>Meet an imminent threat to public health, safety, or welfare;</text> </level> <level label="2"> <text>Prevent a loss of Commission or member state funds;</text> </level> <level label="3"> <text>Meet a deadline for the promulgation of a rule that is established by federal law or rule; or</text> </level> <level label="4"> <text>Protect public health and safety.</text> </level> </level> <level label="m"> <text>The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.</text> </level> <level label="n"> <text>No member state’s rulemaking requirements shall apply under this Compact.</text> <text>SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT.</text> </level> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The Commission shall provide a copy of the notice of default to the other member states.</text> </level> </level> <level label="c"> <text>If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges and benefits conferred on that state by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.</text> </level> <level label="d"> <text>Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s state licensing authority, and each of the member states’ licensing authority.</text> </level> <level label="e"> <text>A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.</text> </level> <level label="f"> <text>Upon the termination of a state’s membership from this Compact, that state shall immediately provide notice to all licensees within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this Compact for a minimum of six months after the date of said notice of termination.</text> </level> <level label="g"> <text>The Commission may not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.</text> </level> <level label="h"> <text>The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.</text> </level> <level label="i"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.</text> </level> </level> <level label="j"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>No person other than a member state shall enforce this Compact against the Commission.</text> <text>SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT.</text> </level> </level> <level label="a"> <text>The Compact shall come into effect on the date on which the Compact statute is enacted into law in the seventh member state.</text> <level label="1"> <text>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.</text> <level label="i"> <text>A charter member state whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in Section 13.</text> </level> <level label="ii"> <text>If any member state is later found to be in default, or is terminated or withdraws from the Compact, the Commission shall remain in existence and the Compact shall remain in effect even if the number of member states should be less than seven.</text> </level> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> </level> <level label="b"> <text>Any member state may withdraw from the Compact by enacting a statute repealing the same.</text> <level label="1"> <text>A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="c"> <text>Nothing contained in this Compact shall be construed to invalidate or prevent any social work licensure agreement or other cooperative arrangement between a member state and a non–member state that does not conflict with the provisions of this Compact.</text> </level> <level label="d"> <text>This Compact may be amended by the member states. No amendment to the Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.</text> <text>SECTION 15. CONSTRUCTION AND SEVERABILITY.</text> </level> <level label="a"> <text>This Compact and the Commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the Commission’s rulemaking authority solely for those purposes.</text> </level> <level label="b"> <text>The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of the Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.</text> </level> <level label="c"> <text>Notwithstanding subsection (b) of this section, the Commission may deny a state’s participation in the Compact or, in accordance with the requirements of Section 13(b), terminate a member state’s participation in the Compact, if it determines that a constitutional requirement of a member state is a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.</text> <text>SECTION 16. BINDING EFFECT OF COMPACT AND OTHER LAWS.</text> </level> <level label="a"> <text>A licensee providing services in a remote state under a multistate authorization to practice shall adhere to the laws and regulations, including laws, regulations, and applicable standards, of the remote state where the client is located at the time care is rendered.</text> </level> <level label="b"> <text>Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the Compact.</text> </level> <level label="c"> <text>Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the Compact are superseded to the extent of the conflict.</text> </level> <level label="d"> <text>All permissible agreements between the Commission and the member states are binding in accordance with their terms.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-401" title_number="19" title_name="Social Workers" subtitle_number="4" subtitle_name="Prohibited Acts; Penalties"> <level label="a"> <text>Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice social work in this State while representing oneself to be a social worker unless licensed by the Board.</text> </level> <level label="b"> <text>Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice clinical social work in this State unless licensed by the Board as a certified social worker-clinical.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-402" title_number="19" title_name="Social Workers" subtitle_number="4" subtitle_name="Prohibited Acts; Penalties"> <text>Unless authorized to practice social work under this title, a person may not:</text> <level label="1"> <text>Represent to the public that the person is a licensed social worker; or</text> </level> <level label="2"> <text>Use any title, abbreviation, sign, card, or other representation that the person is a licensed social worker, including the use of the words “social worker” or “social work” and the use of the abbreviations “LBSW”, “LMSW”, “LCSW”, or “LCSW–C”.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-403" title_number="19" title_name="Social Workers" subtitle_number="4" subtitle_name="Prohibited Acts; Penalties"> <text>A person may not intentionally:</text> <level label="1"> <text>Use or attempt to use the license of another person who is a licensed social worker; or</text> </level> <level label="2"> <text>Impersonate another person who is a licensed social worker.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-404" title_number="19" title_name="Social Workers" subtitle_number="4" subtitle_name="Prohibited Acts; Penalties"> <text>In an attempt to obtain a license, a person may not intentionally give false information to the Board.</text> </section> <section article="gho" article_name="Health Occupations" number="19-407" title_number="19" title_name="Social Workers" subtitle_number="4" subtitle_name="Prohibited Acts; Penalties"> <level label="a"> <text>A person who violates any provision of this subtitle or § 19–301 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both.</text> </level> <level label="b"> <text>A person who violates any provision of this subtitle or § 19–301 of this title is subject to a civil fine not exceeding $50,000 to be assessed by the Board in accordance with regulations adopted by the Board.</text> </level> <level label="c"> <text>Each violation of this subtitle is a separate offense.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="19-501" title_number="19" title_name="Social Workers" subtitle_number="5" subtitle_name="Short Title; Termination of Title"> <text>This title may be cited as the “Maryland Social Workers Practice Act”.</text> </section> <section article="gho" article_name="Health Occupations" number="19-502" title_number="19" title_name="Social Workers" subtitle_number="5" subtitle_name="Short Title; Termination of Title"> <text>Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all rules and regulations adopted under this title shall terminate and be of no effect after July 1, 2030.</text> </section>