SB 195/AP*
"Freedom to Work Act"; enact

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SB 195/AP  
Senate Bill 195  
By: Senators Walker III of the 20th, Dugan of the 30th, Kirkpatrick of the 32nd, Ginn of the  
47th, Harbison of the 15th and others  
AS PASSED  
A BILL TO BE ENTITLED  
AN ACT  
1 To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and  
2 businesses, so as to enter into an interstate compact known as the "Social Work Licensure  
3 Compact"; to authorize the Georgia Composite Board of Professional Counselors, Social  
4 Workers, and Marriage and Family Therapists to administer the compact in this state; to  
5 provide for a short title; to remove the residency requirement for the issuance of licenses by  
6 endorsement for certain professions; to amend Titles 31 and 43 of the Official Code of  
7 Georgia Annotated, relating to health and professions and businesses, respectively, so as to  
8 change certain provisions relating to soil classifiers and professional land surveyors; to  
9 change the necessary experience requirements to qualify as a soil classifier to conduct soil  
10 investigations and prepare soil reports for an on-site sewage management system; to revise  
11 the definition of "soil classifier"; to provide for educational, experience, and examination  
12 requirements for licensure as a professional land surveyor; to change and provide certain  
13 provisions related to the issuance of land surveyor intern certificates; to conform a  
14 cross-reference; to provide for related matters; to repeal conflicting laws; and for other  
15 purposes.  
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:  
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SECTION 1.  
18 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,  
19 is amended in Code Section 43-10A-5, relating to powers and duties of board, quorum, and  
20 meetings, by revising subsection (h) as follows:  
21 "(h) The board shall administer the Professional Counselors Licensure Compact contained  
22 in Article 2 of this chapter and the Social Work Licensure Compact contained in Article 3  
23 of this chapter."  
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SECTION 2.  
25 Said title is further amended by adding a new article to read as follows:  
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"ARTICLE 3  
27 43-10A-60.  
28 This article shall be known and may be cited as the 'Social Work Licensure Compact Act.'  
29 43-10A-61.  
30 The Social Work Licensure Compact is enacted into law and entered into by the State of  
31 Georgia with any and all other states legally joining therein in the form substantially as  
32 follows:  
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'SOCIAL WORK LICENSURE COMPACT ACT  
34 SECTION 1: PURPOSE  
35 The purpose of this Compact is to facilitate interstate practice of Regulated Social Workers  
36 by improving public access to competent Social Work Services. The Compact preserves the  
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37 regulatory authority of States to protect public health and safety through the current system  
38 of State licensure. This Compact is designed to achieve the following objectives:  
39 A. Increase public access to Social Work Services;  
40 B. Reduce overly burdensome and duplicative requirements associated with holding  
41 multiple licenses;  
42 C. Enhance the Member States' ability to protect the public's health and safety;  
43 D. Encourage the cooperation of Member States in regulating multistate practice;  
44 E. Promote mobility and address workforce shortages by eliminating the necessity for  
45 licenses in multiple States by providing for the mutual recognition of other Member State  
46 licenses;  
47 F. Support military families;  
48 G. FacilitatetheexchangeoflicensureanddisciplinaryinformationamongMemberStates;  
49 H. Authorize all Member States to hold a Regulated Social Worker accountable for abiding  
50 by the Member State's laws, regulations, and applicable professional standards in the  
51 Member State in which the client is located at the time care is rendered; and  
52 I. Allow for the use of telehealth to facilitate increased access to regulated Social Work  
53 Services.  
54 SECTION 2: DEFINITIONS  
55 As used in this Compact, and except as otherwise provided, the following definitions shall  
56 apply:  
57 A. 'Active Military Member' means any individual in full-time duty status in the active  
58 armed forces of the United States including members of the National Guard and Reserve.  
59 B. 'Adverse Action' means any administrative, civil, equitable or criminal action permitted  
60 by a State's laws which is imposed by a Licensing Authority or other authority against a  
61 Regulated Social Worker, including actions against an individual's license or Multistate  
62 Authorization to Practice such as revocation, suspension, probation, monitoring of the  
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63 Licensee, limitation on the Licensee's practice, or any other Encumbrance on licensure  
64 affecting a Regulated Social Worker's authorization to practice, including issuance of a  
65 cease and desist action.  
66 C. 'Alternative Program' means a non-disciplinary monitoring or practice remediation  
67 process approved by a Licensing Authority to address practitioners with an Impairment.  
68 D. 'Charter Member States' - Member States who have enacted legislation to adopt this  
69 Compact where such legislation predates the effective date of this Compact as defined in  
70 Section 14.  
71 E. 'Compact Commission' or 'Commission' means the government agency whose  
72 membership consists of all States that have enacted this Compact, which is known as the  
73 Social Work Licensure Compact Commission, as defined in Section 10, and which shall  
74 operate as an instrumentality of the Member States.  
75 F. 'Current Significant Investigative Information' means:  
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1. Investigative information that a Licensing Authority, after a preliminary inquiry that  
includes notification and an opportunity for the Regulated Social Worker to respond has  
reason to believe is not groundless and, if proved true, would indicate more than a minor  
infraction as may be defined by the Commission; or  
2. Investigative information that indicates that the Regulated Social Worker represents  
an immediate threat to public health and safety, as may be defined by the Commission,  
regardless of whether the Regulated Social Worker has been notified and has had an  
opportunity to respond.  
84 G. 'Data System' means a repository of information about Licensees, including, but not  
85 limited to, continuing education, examination, licensure, Current Significant Investigative  
86 Information, Disqualifying Event, Multistate License(s) and Adverse Action information  
87 or other information as required by the Commission.  
88 H. 'Domicile' means the jurisdiction in which the Licensee resides and intends to remain  
89 indefinitely.  
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90 I. 'Disqualifying Event' means any Adverse Action or incident which results in an  
91 Encumbrance that disqualifies or makes the Licensee ineligible to either obtain, retain or  
92 renew a Multistate License.  
93 J. 'Encumbrance' means a revocation or suspension of, or any limitation on, the full and  
94 unrestricted practice of Social Work licensed and regulated by a Licensing Authority.  
95 K. 'Executive Committee' means a group of delegates elected or appointed to act on behalf  
96 of, and within the powers granted to them by, the compact and Commission.  
97 L. 'Home State' means the Member State that is the Licensee's primary Domicile.  
98 M. 'Impairment' means a condition(s) that may impair a practitioner's ability to engage in  
99 full and unrestricted practice as a Regulated Social Worker without some type of  
100 intervention and may include, but are not limited to, alcohol and drug dependence, mental  
101 health impairment, and neurological or physical impairments.  
102 N. 'Licensee(s)' means an individual who currently holds a license from a State to practice  
103 as a Regulated Social Worker.  
104 O. 'Licensing Authority' means the board or agency of a Member State, or equivalent, that  
105 is responsible for the licensing and regulation of Regulated Social Workers.  
106 P. 'Member State' means a state, commonwealth, district, or territory of the United States  
107 of America that has enacted this Compact.  
108 Q. 'Multistate Authorization to Practice' means a legally authorized privilege to practice,  
109 which is equivalent to a license, associated with a Multistate License permitting the  
110 practice of Social Work in a Remote State.  
111 R. 'Multistate License' means a license to practice as a Regulated Social Worker issued by  
112 a Home State Licensing Authority that authorizes the Regulated Social Worker to practice  
113 in all Member States under Multistate Authorization to Practice.  
114 S. 'Qualifying National Exam' means a national licensing examination approved by the  
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116 T. 'Regulated Social Worker' means any clinical, master's or bachelor's Social Worker  
117 licensed by a Member State regardless of the title used by that Member State.  
118 U. 'Remote State' means a Member State other than the Licensee's Home State.  
119 V. 'Rule(s)' or 'Rule(s) of the Commission' means a regulation or regulations duly  
120 promulgated by the Commission, as authorized by the Compact, that has the force of law.  
121 W. 'Single State License' means a Social Work license issued by any State that authorizes  
122 practice only within the issuing State and does not include Multistate Authorization to  
123 Practice in any Member State.  
124 X. 'Social Work' or 'Social Work Services' means the application of social work theory,  
125 knowledge, methods, ethics, and the professional use of self to restore or enhance social,  
126 psychosocial, or biopsychosocial functioning of individuals, couples, families, groups,  
127 organizations, and communities through the care and services provided by a Regulated  
128 Social Worker as set forth in the Member State's statutes and regulations in the State where  
129 the services are being provided.  
130 Y. 'State' means any state, commonwealth, district, or territory of the United States of  
131 America that regulates the practice of Social Work.  
132 Z. 'Unencumbered License' means a license that authorizes a Regulated Social Worker to  
133 engage in the full and unrestricted practice of Social Work.  
134 SECTION 3: STATE PARTICIPATION IN THE COMPACT  
135 A. To be eligible to participate in the compact, a potential Member State must currently  
136 meet all of the following criteria:  
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1. License and regulate the practice of Social Work at either the clinical, master's, or  
bachelor's category.  
2. Require applicants for licensure to graduate from a program that is:  
a. Operated by a college or university recognized by the Licensing Authority;  
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b. Accredited, or in candidacy by an institution that subsequently becomes accredited,  
by an accrediting agency recognized by either:  
i. the Council for Higher Education Accreditation, or its successor; or  
ii. the United States Department of Education; and  
c. Corresponds to the licensure sought as outlined in Section 4.  
3. Require applicants for clinical licensure to complete a period of supervised practice.  
4. Have a mechanism in place for receiving, investigating, and adjudicating complaints  
about Licensees.  
149 B. To maintain membership in the Compact a Member State shall:  
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1. Require applicants for a Multistate License pass a Qualifying National Exam for the  
corresponding category of Multistate License sought as outlined in Section 4;  
2. Participate fully in the Commission's Data System, including using the Commission's  
unique identifier as defined in Rules;  
3. Notify the Commission, in compliance with the terms of the Compact and Rules, of  
any Adverse Action or the availability of Current Significant Investigative Information  
regarding a Licensee;  
4. Implement procedures for considering the criminal history records of applicants for a  
Multistate License. Such procedures shall include the submission of fingerprints or other  
biometric-based information by applicants for the purpose of obtaining an applicant's  
criminal history record information from the Federal Bureau of Investigation and the  
agency responsible for retaining that State's criminal records;  
5. Comply with the Rules of the Commission;  
6. Require an applicant to obtain or retain a license in the Home State and meet the Home  
State's qualifications for licensure or renewal of licensure, as well as all other applicable  
Home State laws;  
7. Authorize a Licensee holding a Multistate License in any Member State to practice in  
accordance with the terms of the Compact and Rules of the Commission; and  
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8. Designate a delegate to participate in the Commission meetings.  
169 C. A Member State meeting the requirements of Section 3.A. and 3.B of this Compact shall  
170 designate the categories of Social Work licensure that are eligible for issuance of a  
171 Multistate License for applicants in such Member State. To the extent that any Member  
172 State does not meet the requirements for participation in the Compact at any particular  
173 category of Social Work licensure, such Member State may choose, but is not obligated to,  
174 issue a Multistate License to applicants that otherwise meet the requirements of Section 4  
175 for issuance of a Multistate License in such category or categories of licensure.  
176 D. The Home State may charge a fee for granting the Multistate License.  
177 SECTION 4: SOCIAL WORKER PARTICIPATION IN THE COMPACT  
178 A. To be eligible for a Multistate License under the terms and provisions of the Compact,  
179 an applicant, regardless of category must:  
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1. Hold or be eligible for an active, Unencumbered License in the Home State;  
2. Pay any applicable fees, including any State fee, for the Multistate License;  
3. Submit, inconnectionwithanapplicationforaMultistateLicense, fingerprintsorother  
biometric data for the purpose of obtaining criminal history record information from the  
Federal Bureau of Investigation and the agency responsible for retaining that State's  
criminal records;  
4. Notify the Home State of any Adverse Action, Encumbrance, or restriction on any  
professional license taken by any Member State or non-Member State within 30 days  
from the date the action is taken;  
5. Meet any continuing competence requirements established by the Home State;  
6. Abide by the laws, regulations, and applicable standards in the Member State where  
the client is located at the time care is rendered.  
192 B. An applicant for a clinical-category Multistate License must meet all of the following  
193 requirements:  
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1. Fulfill a competency requirement, which shall be satisfied by either:  
a. Passage of a clinical-category Qualifying National Exam; or  
b. Licensure of the applicant in their Home State at the clinical category, beginning  
prior to such time as a Qualifying National Exam was required by the Home State and  
accompanied by a period of continuous Social Work licensure thereafter, all of which  
may be further governed by the Rules of the Commission; or  
c. The substantial equivalency of the foregoing competency requirements which the  
Commission may determine by Rule.  
2. Attain at least a master's degree in Social Work from a program that is:  
a. Operated by a college or university recognized by the Licensing Authority; and  
b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting  
agency recognized by either:  
i. the Council for Higher Education Accreditation or its successor; or  
ii. the United States Department of Education.  
3. Fulfill a practice requirement, which shall be satisfied by demonstrating completion  
of either:  
a. A period of postgraduate supervised clinical practice equal to a minimum of three  
thousand hours; or  
b. A minimum of two years of full-time postgraduate supervised clinical practice; or  
c. The substantial equivalency of the foregoing practice requirements which the  
Commission may determine by Rule.  
215 C. An applicant for a master's-category Multistate License must meet all of the following  
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1. Fulfill a competency requirement, which shall be satisfied by either:  
a. Passage of a masters-category Qualifying National Exam;  
b. Licensure of the applicant in their Home State at the master's category, beginning  
prior to such time as a Qualifying National Exam was required by the Home State at the  
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master's category and accompanied by a continuous period of Social Work licensure  
thereafter, all of which may be further governed by the Rules of the Commission; or  
c. The substantial equivalency of the foregoing competency requirements which the  
Commission may determine by Rule.  
2. Attain at least a master's degree in Social Work from a program that is:  
a. Operated by a college or university recognized by the Licensing Authority; and  
b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting  
agency recognized by either:  
i. the Council for Higher Education Accreditation or its successor; or  
ii. the United States Department of Education.  
231 D. An applicant for a bachelor's-category Multistate License must meet all of the following  
232 requirements:  
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1. Fulfill a competency requirement, which shall be satisfied by either:  
a. Passage of a bachelor's-category Qualifying National Exam;  
b. Licensure of the applicant in their Home State at the bachelor's category, beginning  
prior to such time as a Qualifying National Exam was required by the Home State and  
accompanied by a period of continuous Social Work licensure thereafter, all of which  
may be further governed by the Rules of the Commission; or  
c. The substantial equivalency of the foregoing competency requirements which the  
Commission may determine by Rule.  
2. Attain at least a bachelor's degree in Social Work from a program that is:  
a. Operated by a college or university recognized by the Licensing Authority; and  
b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting  
agency recognized by either:  
i. the Council for Higher Education Accreditation or its successor; or  
ii. the United States Department of Education.  
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247 E. The Multistate License for a Regulated Social Worker is subject to the renewal  
248 requirements of the Home State. The Regulated Social Worker must maintain compliance  
249 with the requirements of Section 4(A).  
250 F. The Regulated Social Worker's services in a Remote State are subject to that Member  
251 State's regulatory authority. A Remote State may, in accordance with due process and that  
252 Member State's laws, remove a Regulated Social Worker's Multistate Authorization to  
253 Practice in the Remote State for a specific period of time, impose fines, and take any other  
254 necessary actions to protect the health and safety of its citizens.  
255 G. If a Multistate License is encumbered, the Regulated Social Worker's Multistate  
256 Authorization to Practice shall be deactivated in all Remote States until the Multistate  
257 License is no longer encumbered.  
258 H. If a Multistate Authorization to Practice is encumbered in a Remote State, the regulated  
259 Social Worker's Multistate Authorization to Practice may be deactivated in that State until  
260 the Multistate Authorization to Practice is no longer encumbered.  
261 SECTION 5: ISSUANCE OF A MULTISTATE LICENSE  
262 A. Upon receipt of an application for Multistate License, the Home State Licensing  
263 Authority shall determine the applicant's eligibility for a Multistate License in accordance  
264 with Section 4 of this Compact.  
265 B. If such applicant is eligible pursuant to Section 4 of this Compact, the Home State  
266 Licensing Authority shall issue a Multistate License that authorizes the applicant or  
267 Regulated Social Worker to practice in all Member States under a Multistate Authorization  
268 to Practice.  
269 C. Upon issuance of a Multistate License, the Home State Licensing Authority shall  
270 designate whether the Regulated Social Worker holds a Multistate License in the  
271 Bachelors, Masters, or Clinical category of Social Work.  
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272 D. A Multistate License issued by a Home State to a resident in that State shall be  
273 recognized by all Compact Member States as authorizing Social Work Practice under a  
274 Multistate Authorization to Practice corresponding to each category of licensure regulated  
275 in the Member State.  
276 SECTION 6: AUTHORITY OF INTERSTATE COMPACT COMMISSION AND  
277 MEMBER STATE LICENSING AUTHORITIES  
278 A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,  
279 restrict, or in any way reduce the ability of a Member State to enact and enforce laws,  
280 regulations, or other rules related to the practice of Social Work in that State, where those  
281 laws, regulations, or other rules are not inconsistent with the provisions of this Compact.  
282 B. Nothing in this Compact shall affect the requirements established by a Member State  
283 for the issuance of a Single State License.  
284 C. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,  
285 restrict, or in any way reduce the ability of a Member State to take Adverse Action against  
286 a Licensee's Single State License to practice Social Work in that State.  
287 D. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,  
288 restrict, or in any way reduce the ability of a Remote State to take Adverse Action against  
289 a Licensee's Authorization to Practice in that State.  
290 E. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,  
291 restrict, or in any way reduce the ability of a Licensee's Home State to take Adverse Action  
292 against a Licensee's Multistate License based upon information provided by a Remote  
293 State.  
294 SECTION 7: REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE  
295 A. A Licensee may hold a Multistate License, issued by their Home State, in only one  
296 Member State at any given time.  
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297 B. If a Licensee changes their Home State by moving between two Member States:  
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1. The Licensee shall immediately apply for the reissuance of their Multistate License in  
their new Home State. The Licensee shall pay all applicable fees and notify the prior  
Home State in accordance with the Rules of the Commission.  
2. Upon receipt of an application to reissue a Multistate License, the new Home State  
shall verify that the Multistate License is active, unencumbered and eligible for  
reissuance under the terms of the Compact and the Rules of the Commission. The  
Multistate License issued by the prior Home State will be deactivated and all Member  
States notified in accordance with the applicable Rules adopted by the Commission.  
3. Prior to the reissuance of the Multistate License, the new Home State shall conduct  
procedures for considering the criminal history records of the Licensee. Such procedures  
shall include the submission of fingerprints or other biometric-based information by  
applicants for the purpose of obtaining an applicant's criminal history record information  
from the Federal Bureau of Investigation and the agency responsible for retaining that  
State's criminal records.  
4. If required for initial licensure, the new Home State may require completion of  
jurisprudence requirements in the new Home State.  
5. Notwithstanding any other provision of this Compact, if a Licensee does not meet the  
requirements set forth in this Compact for the reissuance of a Multistate License by the  
new Home State, then the Licensee shall be subject to the new Home State requirements  
for the issuance of a Single State License in that State.  
318 C. If a Licensee changes their primary State of residence by moving from a Member State  
319 to a non-Member State, or from a non-Member State to a Member State, then the Licensee  
320 shall be subject to the State requirements for the issuance of a Single State License in the  
321 new Home State.  
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322 D. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single State  
323 License in multiple States; however, for the purposes of this Compact, a Licensee shall  
324 have only one Home State, and only one Multistate License.  
325 E. Nothing in this Compact shall interfere with the requirements established by a Member  
326 State for the issuance of a Single State License.  
327 SECTION 8: MILITARY FAMILIES  
328 An Active Military Member or their spouse shall designate a Home State where the  
329 individual has a Multistate License. The individual may retain their Home State designation  
330 during the period the service member is on active duty.  
331 SECTION 9: ADVERSE ACTIONS  
332 A. In addition to the other powers conferred by State law, a Remote State shall have the  
333 authority, in accordance with existing State due process law, to:  
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1. Take Adverse Action against a Regulated Social Worker's Multistate Authorization to  
Practice only within that Member State, and issue subpoenas for both hearings and  
investigations that require the attendance and testimony of witnesses as well as the  
production of evidence. Subpoenas issued by a Licensing Authority in a Member State  
for the attendance and testimony of witnesses or the production of evidence from another  
Member State shall be enforced in the latter State by any court of competent jurisdiction,  
according to the practice and procedure of that court applicable to subpoenas issued in  
proceedings pending before it. The issuing authority shall pay any witness fees, travel  
expenses, mileage, and other fees required by the service statutes of the State in which  
the witnesses or evidence are located.  
2. Only the Home State shall have the power to take Adverse Action against a Regulated  
Social Worker's Multistate License.  
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346 B. For purposes of taking Adverse Action, the Home State shall give the same priority and  
347 effect to reported conduct received from a Member State as it would if the conduct had  
348 occurred within the Home State. In so doing, the Home State shall apply its own State laws  
349 to determine appropriate action.  
350 C. The Home State shall complete any pending investigations of a Regulated Social  
351 Worker who changes their Home State during the course of the investigations. The Home  
352 State shall also have the authority to take appropriate action(s) and shall promptly report  
353 the conclusions of the investigations to the administrator of the Data System. The  
354 administrator of the Data System shall promptly notify the new Home State of any Adverse  
355 Actions.  
356 D. A Member State, if otherwise permitted by State law, may recover from the affected  
357 Regulated Social Worker the costs of investigations and dispositions of cases resulting  
358 from any Adverse Action taken against that Regulated Social Worker.  
359 E. A Member State may take Adverse Action based on the factual findings of another  
360 Member State, provided that the Member State follows its own procedures for taking the  
361 Adverse Action.  
362 F. Joint Investigations:  
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1. In addition to the authority granted to a Member State by its respective Social Work  
practice act or other applicable State law, any Member State may participate with other  
Member States in joint investigations of Licensees.  
2. Member States shall share any investigative, litigation, or compliance materials in  
furtherance of any joint or individual investigation initiated under the Compact.  
368 G. If Adverse Action is taken by the Home State against the Multistate License of a  
369 Regulated Social Worker, the Regulated Social Worker's Multistate Authorization to  
370 Practice in all other Member States shall be deactivated until all Encumbrances have been  
371 removed from the Multistate License. All Home State disciplinary orders that impose  
372 Adverse Action against the license of a Regulated Social Worker shall include a statement  
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373 that the Regulated Social Worker's Multistate Authorization to Practice is deactivated in  
374 all Member States until all conditions of the decision, order or agreement are satisfied.  
375 H. If a Member State takes Adverse Action, it shall promptly notify the administrator of  
376 the Data System. The administrator of the Data System shall promptly notify the Home  
377 State and all other Member State's of any Adverse Actions by Remote States.  
378 I. Nothing in this Compact shall override a Member State's decision that participation in  
379 an Alternative Program may be used in lieu of Adverse Action. Nothing in this Compact  
380 shall authorize a Member State to demand the issuance of subpoenas for attendance and  
381 testimony ofwitnessesorthe production of evidence fromanother Member State for lawful  
382 actions within that Member State.  
383 J. Nothing in this Compact shall authorize a Member State to impose discipline against a  
384 Regulated Social Worker who holds a Multistate Authorization to Practice for lawful  
385 actions within another Member State.  
386 SECTION 10: ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT  
387 COMMISSION  
388 A. The Compact Member States hereby create and establish a joint government agency  
389 whose membership consists of all Member States that have enacted the compact known as  
390 the Social Work Licensure Compact Commission. The Commission is an instrumentality  
391 of the Compact States acting jointly and not an instrumentality of any one State. The  
392 Commission shall come into existence on or after the effective date of the Compact as set  
393 forth in Section 14.  
394 B. Membership, Voting, and Meetings  
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1. Each Member State shall have and be limited to one (1) delegate selected by that  
Member State's State Licensing Authority.  
2. The delegate shall be either:  
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a. A current member of the State Licensing Authority at the time of appointment, who  
is a Regulated Social Worker or public member of the State Licensing Authority; or  
b. An administrator of the State Licensing Authority or their designee.  
3. The Commission shall by Rule or bylaw establish a term of office for delegates and  
may by Rule or bylaw establish term limits.  
4. The Commission may recommend removal or suspension of any delegate from office.  
5. A Member State's State Licensing Authority shall fill any vacancy of its delegate  
occurring on the Commission within 60 days of the vacancy.  
6. Each delegate shall be entitled to one vote on all matters before the Commission  
requiring a vote by Commission delegates.  
7. A delegate shall vote in person or by such other means as provided in the bylaws. The  
bylaws may provide for delegates to meet by telecommunication, videoconference, or  
other means of communication.  
8. The Commission shall meet at least once during each calendar year. Additional  
meetings may be held as set forth in the bylaws. The Commission may meet by  
telecommunication, video conference or other similar electronic means.  
414 C. The Commission shall have the following powers:  
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1. Establish the fiscal year of the Commission;  
2. Establish code of conduct and conflict of interest policies;  
3. Establish and amend Rules and bylaws;  
4. Maintain its financial records in accordance with the bylaws;  
5. Meet and take such actions as are consistent with the provisions of this Compact, the  
Commission's Rules, and the bylaws;  
6. Initiate and conclude legal proceedings or actions in the name of the Commission,  
provided that the standing of any State Licensing Board to sue or be sued under  
applicable law shall not be affected;  
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7. Maintain and certify records and information provided to a Member State as the  
authenticated business records of the Commission, and designate an agent to do so on the  
Commission's behalf;  
8. Purchase and maintain insurance and bonds;  
9. Borrow, accept, or contract for services of personnel, including, but not limited to,  
employees of a Member State;  
10. Conduct an annual financial review;  
11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such  
individuals appropriate authority to carry out the purposes of the Compact, and establish  
the Commission's personnel policies and programs relating to conflicts of interest,  
qualifications of personnel, and other related personnel matters;  
12. Assess and collect fees;  
13. Accept any and all appropriate gifts, donations, grants of money, other sources of  
revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose  
of the same; provided that at all times the Commission shall avoid any appearance of  
impropriety or conflict of interest;  
14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or  
mixed, or any undivided interest therein;  
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, orotherwisedisposeofany  
property real, personal, or mixed;  
16. Establish a budget and make expenditures;  
17. Borrow money;  
18. Appoint committees, including standing committees, composed of members, State  
regulators, State legislators or their representatives, and consumer representatives, and  
such other interested persons as may be designated in this Compact and the bylaws;  
19. Provideandreceiveinformationfrom, andcooperatewith, lawenforcementagencies;  
20. Establish and elect an Executive Committee, including a chair and a vice chair;  
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21. Determine whether a State's adopted language is materially different from the model  
compact language such that the State would not qualify for participation in the Compact;  
and  
22. Perform such other functions as may be necessary or appropriate to achieve the  
purposes of this Compact.  
456 D. The Executive Committee  
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1. The Executive Committee shall have the power to act on behalf of the Commission  
according to the terms of this Compact. The powers, duties, and responsibilities of the  
Executive Committee shall include:  
a. Oversee the day-to-day activities of the administration of the compact including  
enforcement and compliance with the provisions of the compact, its Rules and bylaws,  
and other such duties as deemed necessary;  
b. Recommend to the Commission changes to the Rules or bylaws, changes to this  
Compact legislation, fees charged to Compact Member States, fees charged to  
Licensees, and other fees;  
c. Ensure Compact administration services are appropriately provided, including by  
contract;  
d. Prepare and recommend the budget;  
e. Maintain financial records on behalf of the Commission;  
f. Monitor Compact compliance of Member States and provide compliance reports to  
the Commission;  
g. Establish additional committees as necessary;  
h. Exercise the powers and duties of the Commission during the interim between  
Commission meetings, except for adopting or amending Rules, adopting or amending  
bylaws, and exercising any other powers and duties expressly reserved to the  
Commission by Rule or bylaw; and  
i. Other duties as provided in the Rules or bylaws of the Commission.  
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2. The Executive Committee shall be composed of up to eleven (11) members:  
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a. The chair and vice chair of the Commission shall be voting members of the  
Executive Committee.  
b. The Commission shall elect five voting members from the current membership of the  
Commission.  
c. Up to four (4) ex-officio, nonvoting members from four (4) recognized national  
Social Work organizations.  
d. The ex-officio members will be selected by their respective organizations.  
3. The Commission may remove any member of the Executive Committee as provided  
in the Commission's bylaws.  
4. The Executive Committee shall meet at least annually.  
a. Executive Committee meetings shall be open to the public, except that the Executive  
Committee may meet in a closed, non-public meeting as provided in subsection F.2  
below.  
b. The Executive Committee shall give seven (7) days' notice of its meetings, posted  
on its website and as determined to provide notice to persons with an interest in the  
business of the Commission.  
c. The Executive Committee may hold a special meeting in accordance with subsection  
F.1.b. below.  
497 E. The Commission shall adopt and provide to the Member States an annual report.  
498 F. Meetings of the Commission  
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501  
502  
503  
1. All meetings shall be open to the public, except that the Commission may meet in a  
closed, non-public meeting as provided in subsection F.2 below.  
a. Public notice for all meetings of the full Commission of meetings shall be given in  
the same manner as required under the Rulemaking provisions in Section 12, except  
that the Commission may hold a special meeting as provided in subsection F.1.b below.  
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b. The Commission may hold a special meeting when it must meet to conduct  
emergency business by giving 48 hours' notice to all commissioners, on the  
Commission's website, and other means as provided in the Commission's Rules. The  
Commission's legal counsel shall certify that the Commission's need to meet qualifies  
as an emergency.  
2. The Commission or the Executive Committee or other committees of the Commission  
may convene in a closed, non-public meeting for the Commission or Executive  
Committee or other committees of the Commission to receive legal advice or to discuss:  
a. Non-compliance of a Member State with its obligations under the Compact;  
b. The employment, compensation, discipline or other matters, practices or procedures  
related to specific employees;  
c. Current or threatened discipline of a Licensee by the Commission or by a Member  
State's Licensing Authority;  
d. Current, threatened, or reasonably anticipated litigation;  
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real  
estate;  
f. Accusing any person of a crime or formally censuring any person;  
g. Trade secrets or commercial or financial information that is privileged or  
confidential;  
h. Information of a personal nature where disclosure would constitute a clearly  
unwarranted invasion of personal privacy;  
i. Investigative records compiled for law enforcement purposes;  
j. Information related to any investigative reports prepared by or on behalf of or for use  
of the Commission or other committee charged with responsibility of investigation or  
determination of compliance issues pursuant to the Compact;  
k. Matters specifically exempted from disclosure by federal or Member State law; or  
l. Other matters as promulgated by the Commission by Rule.  
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3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the  
meeting will be closed and reference each relevant exempting provision, and such  
reference shall be recorded in the minutes.  
4. The Commission shall keep minutes that fully and clearly describe all matters  
discussed in a meeting and shall provide a full and accurate summary of actions taken,  
and the reasons therefore, including a description of the views expressed. All documents  
considered in connection with an action shall be identified in such minutes. All minutes  
and documents of a closed meeting shall remain under seal, subject to release only by a  
majority vote of the Commission or order of a court of competent jurisdiction.  
540 G. Financing of the Commission  
541  
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1. The Commission shall pay, or provide for the payment of, the reasonable expenses of  
its establishment, organization, and ongoing activities.  
2. The Commission may accept any and all appropriate revenue sources as provided in  
subsection C(13).  
3. The Commission may levy on and collect an annual assessment from each Member  
State and impose fees on Licensees of Member States to whom it grants a Multistate  
License to cover the cost of the operations and activities of the Commission and its staff,  
which must be in a total amount sufficient to cover its annual budget as approved each  
year for which revenue is not provided by other sources. The aggregate annual  
assessment amount for Member States shall be allocated based upon a formula that the  
Commission shall promulgate by Rule.  
4. The Commission shall not incur obligations of any kind prior to securing the funds  
adequate to meet the same; nor shall the Commission pledge the credit of any of the  
Member States, except by and with the authority of the Member State.  
5. The Commission shall keep accurate accounts of all receipts and disbursements. The  
receipts and disbursements of the Commission shall be subject to the financial review and  
accounting procedures established under its bylaws. However, all receipts and  
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disbursements of funds handled by the Commission shall besubjecttoan 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.  
561 H. Qualified Immunity, Defense, and Indemnification  
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1. The members, officers, executive director, employees and representatives of the  
Commission shall be immune from suit and liability, both personally and in their official  
capacity, for any claim for damage to or loss of property or personal injury or other civil  
liability caused by or arising out of any actual or alleged act, error, or omission that  
occurred, or that the person against whom the claim is made had a reasonable basis for  
believing occurred within the scope of Commission employment, duties or  
responsibilities; provided that nothing in this paragraph shall be construed to protect any  
such person from suit or liability for any damage, loss, injury, or liability caused by the  
intentional or willful or wanton misconduct of that person. The procurement of insurance  
of any type by the Commission shall not in any way compromise or limit the immunity  
granted hereunder.  
2. The Commission shall defend any member, officer, executive director, employee, and  
representative of the Commission in any civil action seeking to impose liability arising  
out of any actual or alleged act, error, or omission that occurred within the scope of  
Commissionemployment, duties, orresponsibilities, orasdeterminedbytheCommission  
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 nothinghereinshallbeconstruedtoprohibitthat person fromretaining their  
own counsel at their own expense; and provided further, that the actual or alleged act,  
error, or omission did not result from that person's intentional or willful or wanton  
misconduct.  
3. The Commission shall indemnify and hold harmless any member, officer, executive  
director, employee, and representative of the Commission for the amount of any  
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settlement or judgment obtained against that person arising out of any actual or alleged  
act, error, or omission that occurred within the scope of Commission employment, duties,  
or responsibilities, or that such person had a reasonable basis for believing occurred  
within the scope of Commission employment, duties, or responsibilities, provided that  
the actual or alleged act, error, or omission did not result from the intentional or willful  
or wanton misconduct of that person.  
4. Nothing herein shall be construed as a limitation on the liability of any Licensee for  
professional malpractice or misconduct, which shall be governed solely by any other  
applicable State laws.  
5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member  
State's state action immunity or state action affirmative defense with respect to antitrust  
claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or  
anticompetitive law or regulation.  
6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by  
the Member States or by the Commission.  
600 SECTION 11: DATA SYSTEM  
601 A. The Commission shall provide for the development, maintenance, operation, and  
602 utilization of a coordinated database and reporting system containing licensure, Adverse  
603 Action, and the presence of Current Significant Investigative Information on all licensed  
604 individuals in Member States.  
605 B. The Commission shall assign each applicant for a Multistate License a unique identifier,  
606 as determined by the Rules of the Commission.  
607 C. Notwithstanding any other provision of State law to the contrary, a Member State shall  
608 submit a uniform data set to the Data System on all individuals to whom this Compact is  
609 applicable as required by the Rules of the Commission, including:  
610  
1. Identifying information;  
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2. Licensure data;  
3. Adverse Actions against a license and information related thereto;  
4. Non-confidential information related to Alternative Program participation, the  
beginning and ending dates of such participation, and other information related to such  
participation not made confidential under Member State law;  
5. Any denial of application for licensure, and the reason(s) for such denial;  
6. The presence of Current Significant Investigative Information; and  
7. Other information that may facilitate the administration of this Compact or the  
protection of the public, as determined by the Rules of the Commission.  
620 D. The records and information provided to a Member State pursuant to this Compact or  
621 through the Data System, when certified by the Commission or an agent thereof, shall  
622 constitute the authenticated business records of the Commission, and shall be entitled to  
623 any associated hearsay exception in any relevant judicial, quasi-judicial or administrative  
624 proceedings in a Member State.  
625 E. Current Significant Investigative Information pertaining to a Licensee in any Member  
626 State will only be available to other Member States.  
627  
628  
629  
630  
1. It is the responsibility of the Member States to report any Adverse Action against a  
Licensee and to monitor the database to determine whether Adverse Action has been  
taken against a Licensee. Adverse Action information pertaining to a Licensee in any  
Member State will be available to any other Member State.  
631 F. Member States contributing information to the Data System may designate information  
632 that may not be shared with the public without the express permission of the contributing  
633 State.  
634 G. Any information submitted to the Data System that is subsequently expunged pursuant  
635 to federal law or the laws of the Member State contributing the information shall be  
636 removed from the Data System.  
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637 SECTION 12: RULEMAKING  
638 A. The Commission shall promulgate reasonable Rules in order to effectively and  
639 efficiently implement and administer the purposes and provisions of the Compact. A Rule  
640 shall be invalid and have no force or effect only if a court of competent jurisdiction holds  
641 that the Rule is invalid because the Commission exercised its rulemaking authority in a  
642 manner that is beyond the scope and purposes of the Compact, or the powers granted  
643 hereunder, or based upon another applicable standard of review.  
644 B. The Rules of the Commission shall have the force of law in each Member State,  
645 provided however that where the Rules of the Commission conflict with the laws of the  
646 Member State that establish the Member State's laws, regulations, and applicable standards  
647 as held by a court of competent jurisdiction, the Rules of the Commission shall be  
648 ineffective in that State to the extent of the conflict.  
649 C. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth  
650 in this Section and the Rules adopted thereunder. Rules shall become binding on the day  
651 following adoption or the date specified in the rule or amendment, whichever is later.  
652 D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule,  
653 by enactment of a statute or resolution in the same manner used to adopt the Compact  
654 within four (4) years of the date of adoption of the Rule, then such Rule shall have no  
655 further force and effect in any Member State.  
656 E. Rules shall be adopted at a regular or special meeting of the Commission.  
657 F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and  
658 allow persons to provide oral and written comments, data, facts, opinions, and arguments.  
659 G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days  
660 in advance of the meeting at which the Commission will hold a public hearing on the  
661 proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:  
662  
1. On the website of the Commission or other publicly accessible platform;  
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2. To persons who have requested notice of the Commission's notices of proposed  
rulemaking, and  
3. In such other way(s) as the Commission may by Rule specify.  
666 H. The Notice of Proposed Rulemaking shall include:  
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668  
669  
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671  
672  
1. The time, date, and location of the public hearing at which the Commission will hear  
public comments on the proposed Rule and, if different, the time, date, and location of  
the meeting where the Commission will consider and vote on the proposed Rule;  
2. If the hearing is held via telecommunication, video conference, or other electronic  
means, the Commission shall include the mechanism for access to the hearing in the  
Notice of Proposed Rulemaking;  
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674  
675  
3. The text of the proposed Rule and the reason therefor;  
4. A request for comments on the proposed Rule from any interested person; and  
5. The manner in which interested persons may submit written comments.  
676 I. All hearings will be recorded. A copy of the recording and all written comments and  
677 documents received by the Commission in response to the proposed Rule shall be available  
678 to the public.  
679 J. Nothing in this section shall be construed as requiring a separate hearing on each Rule.  
680 Rules may be grouped for the convenience of the Commission at hearings required by this  
681 section.  
682 K. The Commission shall, by majority vote of all members, take final action on the  
683 proposed Rule based on the Rulemaking record and the full text of the Rule.  
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685  
686  
687  
688  
1. The Commission may adopt changes to the proposed Rule provided the changes do not  
enlarge the original purpose of the proposed Rule.  
2. The Commission shall provide an explanation of the reasons for substantive changes  
made to the proposed Rule as well as reasons for substantive changes not made that were  
recommended by commenters.  
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3. The Commission shall determine a reasonable effective date for the Rule. Except for  
an emergency as provided in Section 12.L, the effective date of the rule shall be no  
sooner than 30 days after issuing the notice that it adopted or amended the Rule.  
692 L. Upon determination that an emergency exists, the Commission may consider and adopt  
693 an emergency Rule with 48 hours' notice, with opportunity to comment, provided that the  
694 usual Rulemaking procedures provided in the Compact and in this section shall be  
695 retroactively applied to the Rule as soon as reasonably possible, in no event later than  
696 ninety (90) days after the effective date of the Rule. For the purposes of this provision, an  
697 emergency Rule is one that must be adopted immediately in order to:  
698  
699  
700  
701  
702  
1. Meet an imminent threat to public health, safety, or welfare;  
2. Prevent a loss of Commission or Member State funds;  
3. Meet a deadline for the promulgation of a Rule that is established by federal law or  
rule; or  
4. Protect public health and safety.  
703 M. The Commission or an authorized committee of the Commission may direct revisions  
704 to a previously adopted Rule for purposes of correcting typographical errors, errors in  
705 format, errors in consistency, or grammatical errors. Public notice of any revisions shall be  
706 posted on the website of the Commission. The revision shall be subject to challenge by any  
707 person for a period of thirty (30) days after posting. The revision may be challenged only  
708 on grounds that the revision results in a material change to a Rule. A challenge shall be  
709 made in writing and delivered to the Commission prior to the end of the notice period. If  
710 no challenge is made, the revision will take effect without further action. If the revision is  
711 challenged, the revision may not take effect without the approval of the Commission.  
712 N. No Member State's rulemaking requirements shall apply under this compact.  
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713 SECTION 13: OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT  
714 A. Oversight  
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1. The executive and judicial branches of State government in each Member State shall  
enforce this Compact and take all actions necessary and appropriate to implement the  
Compact.  
2. Except as otherwise provided in this Compact, venue is proper and judicial  
proceedings by or against the Commission shall be brought solely and exclusively in a  
court of competent jurisdiction where the principal office of the Commission is located.  
The Commission may waive venue and jurisdictional defenses to the extent it adopts or  
consents to participate in alternative dispute resolution proceedings. Nothing herein shall  
affect or limit the selection or propriety of venue in any action against a Licensee for  
professional malpractice, misconduct or any such similar matter.  
3. The Commission shall be entitled to receive service of process in any proceeding  
regarding the enforcement or interpretation of the Compact and shall have standing to  
intervene in such a proceeding for all purposes. Failure to provide the Commission  
service of process shall render a judgment or order void as to the Commission, this  
Compact, or promulgated Rules.  
730 B. Default, Technical Assistance, and Termination  
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735  
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738  
1. If the Commission determines that a Member State has defaulted in the performance  
of its obligations or responsibilities under this Compact or the promulgated Rules, the  
Commission shall provide written notice to the defaulting State. The notice of default  
shall describe the default, the proposed means of curing the default, and any other action  
that the Commission may take, and shall offer training and specific technical assistance  
regarding the default.  
2. The Commission shall provide a copy of the notice of default to the other Member  
States.  
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739 C. If a State in default fails to cure the default, the defaulting State may be terminated from  
740 the Compact upon an affirmative vote of a majority of the delegates of the Member States,  
741 and all rights, privileges and benefits conferred on that State by this Compact may be  
742 terminated on the effective date of termination. A cure of the default does not relieve the  
743 offending State of obligations or liabilities incurred during the period of default.  
744 D. Termination of membership in the Compact shall be imposed only after all other means  
745 of securing compliance have been exhausted. Notice of intent to suspend or terminate shall  
746 be given by the Commission to the governor, the majority and minority leaders of the  
747 defaulting State's legislature, the defaulting State's State Licensing Authority and each of  
748 the Member States' State Licensing Authority.  
749 E. A State that has been terminated is responsible for all assessments, obligations, and  
750 liabilities incurred through the effective date of termination, including obligations that  
751 extend beyond the effective date of termination.  
752 F. Upon the termination of a State's membership from this Compact, that State shall  
753 immediately provide notice to all Licensees within that State of such termination. The  
754 terminated State shall continue to recognize all licenses granted pursuant to this Compact  
755 for a minimum of six (6) months after the date of said notice of termination.  
756 G. The Commission shall not bear any costs related to a State that is found to be in default  
757 or that has been terminated from the Compact, unless agreed upon in writing between the  
758 Commission and the defaulting State.  
759 H. The defaulting State may appeal the action of the Commission by petitioning the U.S.  
760 District Court for the District of Columbia or the federal district where the Commission has  
761 its principal offices. The prevailing party shall be awarded all costs of such litigation,  
762 including reasonable attorney's fees.  
763 I. Dispute Resolution  
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1. Upon request by a Member State, the Commission shall attempt to resolve disputes  
related to the Compact that arise among Member States and between Member and  
non-Member States.  
2. The Commission shall promulgate a Rule providing for both mediation and binding  
dispute resolution for disputes as appropriate.  
769 J. Enforcement  
1. By majority vote as provided by Rule, the Commission may initiate legal action against  
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a Member State in default in the United States District Court for the District of Columbia  
or the federal district where the Commission has its principal offices to enforce  
compliance with the provisions of the Compact and its promulgated Rules. The relief  
sought may include both injunctive relief and damages. In the event judicial enforcement  
is necessary, the prevailing party shall be awarded all costs of such litigation, including  
reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the  
Commission. The Commission may pursue any other remedies available under federal  
or the defaulting Member State's law.  
2. A Member State may initiate legal action against the Commission in the U.S. District  
Court for the District of Columbia or the federal district where the Commission has its  
principal offices to enforce compliance with the provisions of the Compact and its  
promulgated Rules. The relief sought may include both injunctive relief and damages. In  
the event judicial enforcement is necessary, the prevailing party shall beawarded all costs  
of such litigation, including reasonable attorney's fees.  
3. No person other than a Member State shall enforce this compact against the  
Commission.  
787 SECTION 14: EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT  
788 A. The Compact shall come into effect on the date on which the Compact statute is enacted  
789 into law in the seventh Member State.  
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1. On or after the effective date of the Compact, the Commission shall convene and  
review the enactment of each of the first seven Member States ('Charter Member States')  
to determine if the statute enacted by each such Charter Member State is materially  
different than the model Compact statute.  
a. A Charter Member State whose enactment is found to be materially different from  
the model Compact statute shall be entitled to the default process set forth in  
Section 13.  
b. If any Member State is later found to be in default, or is terminated or withdraws  
from the Compact, the Commission shall remain in existence and the Compact shall  
remain in effect even if the number of Member States should be less than seven.  
2. Member States enacting the Compact subsequent to the seven initial Charter Member  
States shall be subject to the process set forth in Section 10(C)(21) to determine if their  
enactments are materially different from the model Compact statute and whether they  
qualify for participation in the Compact.  
3. All actions taken for the benefit of the Commission or in furtherance of the purposes  
of the administration of the Compact prior to the effective date of the Compact or the  
Commission coming into existence shall be considered to be actions of the Commission  
unless specifically repudiated by the Commission.  
4. Any State that joins the Compact subsequent to the Commission's initial adoption of  
the Rules and bylaws shall be subject to the Rules and bylaws as they exist on the date  
on which the Compact becomes law in that State. Any Rule that has been previously  
adopted by the Commission shall have the full force and effect of law on the day the  
Compact becomes law in that State.  
813 B. Any Member State may withdraw from this Compact by enacting a statute repealing the  
814 same.  
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1. A Member State's withdrawal shall not take effect until 180 days after enactment of  
the repealing statute.  
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2. Withdrawal shall not affect the continuing requirement of the withdrawing State's  
Licensing Authority to comply with the investigative and Adverse Action reporting  
requirements of this Compact prior to the effective date of withdrawal.  
3. Upon the enactment of a statute withdrawing from this compact, a State shall  
immediately provide notice of such withdrawal to all Licensees within that State.  
Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing  
State shall continue to recognize all licenses granted pursuant to this compact for a  
minimum of six (6) months after the date of such notice of withdrawal.  
825 C. Nothing contained in this Compact shall be construed to invalidate or prevent any  
826 licensure agreement or other cooperative arrangement between a Member State and a  
827 non-Member State that does not conflict with the provisions of this Compact.  
828 D. This Compact may be amended by the Member States. No amendment to this Compact  
829 shall become effective and binding upon any Member State until it is enacted into the laws  
830 of all Member States.  
831 SECTION 15: CONSTRUCTION AND SEVERABILITY  
832 A. This Compact and the Commission's rulemaking authority shall be liberally construed  
833 so as to effectuate the purposes, and the implementation and administration of the  
834 Compact. Provisions of the Compact expressly authorizing or requiring the promulgation  
835 of Rules shall not be construed to limit the Commission's rulemaking authority solely for  
836 those purposes.  
837 B. The provisions of this Compact shall be severable and if any phrase, clause, sentence  
838 or provision of this Compact is held by a court of competent jurisdiction to be contrary to  
839 the constitution of any Member State, a State seeking participation in the Compact, or of  
840 the United States, or the applicability thereof to any government, agency, person or  
841 circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity  
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842 of the remainder of this Compact and the applicability thereof to any other government,  
843 agency, person or circumstance shall not be affected thereby.  
844 C. Notwithstanding subsection B of this section, the Commission may deny a State's  
845 participation in the Compact or, in accordance with the requirements of Section 13.B,  
846 terminate a Member State's participation in the Compact, if it determines that a  
847 constitutional requirement of a Member State is a material departure from the Compact.  
848 Otherwise, if this Compact shall be held to be contrary to the constitution of any Member  
849 State, the Compact shall remain in full force and effect as to the remaining Member States  
850 and in full force and effect as to the Member State affected as to all severable matters.  
851 SECTION 16: CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS  
852 A. A Licensee providing services in a Remote State under a Multistate Authorization to  
853 Practice shall adhere to the laws and regulations, including laws, regulations, and  
854 applicable standards, of the Remote State where the client is located at the time care is  
855 rendered.  
856 B. Nothing herein shall prevent or inhibit the enforcement of any other law of a Member  
857 State that is not inconsistent with the Compact.  
858 C. Any laws, statutes, regulations, or other legal requirements in a Member State in conflict  
859 with the Compact are superseded to the extent of the conflict.  
860 D. AllpermissibleagreementsbetweentheCommissionandtheMember Statesare binding  
861 in accordance with their terms.'"  
862  
SECTION 3.  
863 Said title is further amended by revising subsection (c) of Code Section 43-1-35, relating to  
864 expedited license by endorsement for spouses of active or transitioning members of the  
865 armed forces and license by endorsement for certain professions, as follows:  
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866 "(c) Notwithstanding any other provisions of law, a professional licensing board or other  
867 board shall issue a license by endorsement to any individual seeking licensure for a  
868 profession other than that of a firefighter, healthcare provider, or a law enforcementofficer,  
869 provided that such individual has:  
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(1) Moved from another state and established residency in this state;  
(2) Holds a current license to practice such occupation or profession issued by another  
state prior to establishing residency in this state for which the training, experience, and  
testing are substantially similar in qualifications and scope to the requirements under this  
state to obtain a license;  
(3)(2) Is in good standing in such other state and is not the subject of an investigation or  
a disciplinary proceeding being conducted by a professional licensing board or other  
board in such other state; and  
(4)(3) Passes any examination that may only be required to demonstrate knowledge of  
the laws and rules and regulations of this state specific to the practice of the profession,  
business, or trade for which such license by endorsement is being sought."  
881  
SECTION 4.  
882 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising  
883 subsection (d) of Code Section 31-3-5, relating to functions of county boards of health, as  
884 follows:  
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"(d)(1) Any person may register with the department to conduct soil investigations and  
prepare soil reports of a site within the state for an on-site sewage management system  
who meets any one of the following criteria:  
(A) Qualifies as a soil classifier as defined in subparagraph (B) of paragraph (3) of this  
subsection;  
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(B) Holds a valid certificate of registration as a professional engineer issued pursuant  
to Chapter 15 of Title 43 and is practicing within his or her area of engineering  
competency;  
(C) Holds a valid certificate of registration as a registered geologist issued pursuant to  
Chapter 19 of Title 43 and is practicing within his or her area of geologic competency;  
or  
(D) Is a soil and water conservation technician as defined in subparagraph (A) of  
paragraph (3) of this subsection.  
(2) Upon the submission of an evaluation of the suitability of a site within the state for  
an on-site sewage management system by such a person who is registered with the  
department, the county board of health shall be required to accept the evaluation unless  
such evaluation is found by the county board of health to be deficient or questionable.  
If the county board of health finds such evaluation to be deficient or questionable, the  
board shall, within three working days of making such finding, issue a written  
determination stating all deficiencies and all measures needed to correct the deficiencies.  
A copy of this determination shall be provided to the state director of environmental  
health.  
(3) As used in this subsection, the term:  
(A) 'Soil and water conservation technician' means a person employed as a soil and  
water conservation technician by a soil and water conservation district provided for in  
Article 2 of Chapter 6 of Title 2.  
(B) 'Soil classifier' means a person who:  
(i) Holds at least a bachelor of science degree from an accredited college or  
university with a major in soil science or a related field of science. This degree shall  
include 30 semester credit hours or equivalent quarter credit hours in the biological,  
physical, chemical, and earth sciences with a minimum of 15 semester credit hours  
or equivalent quarter hours in soil science courses meeting the following distribution:  
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(I) A minimum of one course in soil classification, morphology, genesis, and  
mapping; and  
(II) The remaining soil science credits must shall be in at least three of the  
following eight categories: introductory soil science; soil fertility; soil  
microbiology; soil chemistry; soil physics; soil management, soils and land use, or  
soils and the environment; soil mineralogy; or a three credit maximum in  
independent study, geology, or hydrology; and  
(ii) Has at least four years of verifiable full-time or equivalent part-time experience.  
Two years of such experience, as determined by the department's soil classifiers  
advisory committee, shall have been obtained after meeting all the educational  
requirements of division (i) of this subparagraph under the supervision of a soil  
classifier who has met the education and experience requirements provided in this  
subparagraph. Such experience must be obtained after meeting all educational  
requirements defined in this subparagraph and must shall have been spent actively  
mapping, identifying, and classifying soil features and interpreting the influence of  
soil features on soil uses, including, but not limited to, conducting soil investigations  
for determining the suitability of sites for on-site sewage management systems as  
approved by the department's soil classifiers advisory committee. The remaining two  
years of such experience, as determined by the department's soil classifiers advisory  
committee, shall have occurred prior to, during, or after meeting all the educational  
requirements of division (i) of this subparagraph and shall have included the  
utilization of soil science concepts and techniques in mapping, identifying, and  
classifying soil features and interpreting the influence of soil features on soil uses,  
including, but not limited to, conducting soil investigations for determining the  
suitability of sites for on-site sewage management systems as approved by the  
department's soil classifiers advisory committee; and  
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(iii) Has successfully passed a written examination pertaining to site investigations  
foron-sitesewagemanagementsystemsadministeredorapprovedbythedepartment."  
945  
SECTION 5.  
946 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,  
947 isamended by revising paragraph (2) of Code Section 43-15-2, relating to definitions relative  
948 to professional engineers and land surveyors, as follows:  
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950  
"(2) 'Certificate' means any certificate issued under Code Section 43-15-8 or 43-15-12  
45-15-13."  
951  
SECTION 6.  
952 Said title is further amended by repealing Code Section 43-15-12, relating to surveyor intern  
953 certificate and eligibility, and designating said Code section as reserved.  
954  
SECTION 7.  
955 Said title is further amended by repealing Code Section 43-15-13, relating to professional  
956 land surveyor license and eligibility, and enacting a new Code section to read as follows:  
957 "43-15-13.  
958 (a) To be eligible for licensure as a professional land surveyor, an applicant shall:  
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(1) Complete the education and training requirements of subparagraph (A), (B), or (C)  
of this paragraph as follows:  
(A)(i) Earn a bachelor's degree in a curriculum approved by the board. Such  
applicant shall complete a minimum of 18 semester hours in land surveying subjects  
acceptable to the board as a part of or separate from such degree; and  
(ii) Acquire not less than three years of combined office and field experience in land  
surveying of a nature satisfactory to the board;  
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(B)(i) Earn an associate's degree in a curriculum approved by the board. Such  
applicant shall complete a minimum of 18 semester hours in land surveying subjects  
acceptable to the board as a part of or separate from such degree; and  
(ii) Acquire not less than five years of combined office and field experience in land  
surveying of a nature satisfactory to the board; or  
(C)(i) Earn a high school diploma or its equivalent. Such applicant shall complete  
a minimum of 18 semester hours in land surveying subjects acceptable to the board;  
and  
(ii) Acquire not less than eight years of combined office and field experience in land  
surveying of a nature satisfactory to the board; and  
(2)(A) Pass each of the following board approved examinations:  
(i) The fundamentals of surveying examination;  
(ii) The principles and practices of land surveying examination; and  
(iii) The laws and history of land surveying in Georgia examination.  
(B) The examinations listed in divisions (i) through (iii) of subparagraph (A) of this  
paragraph may be taken after completion of the education requirements of paragraph  
(1) of this subsection; provided, however, that the examination in division (i) of  
subparagraph (A) of this paragraph shall be taken and passed before the examination  
in division (ii) of subparagraph (A) of this paragraph is taken, and the examination  
listed in division (ii) of subparagraph (A) of this paragraph shall be taken and passed  
before the examination in division (iii) of subparagraph (A) of this paragraph is taken.  
987 (b) The board may issue a land surveyor intern certificate to an applicant who has:  
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(1) Completed the education requirements set forth in division (a)(1)(A)(i), (a)(1)(B)(i),  
or (a)(1)(C)(i) of this Code section;  
(2) Passed the board approved fundamentals of surveying examination as required under  
division (a)(2)(A)(i) of this Code section; and  
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(3) Completed such additional requirements as may be required by the board through  
rules and regulations."  
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SECTION 8.  
995 All laws and parts of laws in conflict with this Act are repealed.  
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