AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO A SOCIAL WORK LICENSURE COMPACT.
Sponsored By: Marie Pinkney (Democratic)
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Bill Overview
Analyzed Economic Effects
10 provisions identified: 2 benefits, 1 costs, 7 mixed.
Social workers gain cross-state license access
Delaware joins the Compact, which creates a home-state Multistate License for practice in participating states, including by telehealth. The Compact takes effect when seven states enact it and continues even if membership later falls below seven. Applicants must hold or qualify for an active home-state license without restrictions, pay fees, and complete fingerprint or biometric background checks. Bachelor's and master's applicants must meet their category's degree and exam requirements or accepted equivalent standards. Clinical applicants need a qualifying social-work master's degree and at least 3,000 postgraduate supervised clinical hours or two full-time years, or an approved equivalent. They also need the clinical exam, qualifying continuous licensure that predates the exam, or an approved equivalent. License holders must meet home-state renewal and continuing-training rules and report adverse license actions or restrictions within 30 days.
Commission workers gain legal liability protection
Commission members, officers, staff, and representatives receive civil-liability protection for covered acts within their official duties. The Commission must defend them and cover eligible claims, settlements, and judgments. Protection also covers acts reasonably believed to fall within those duties, but excludes intentional, willful, or wanton misconduct. It does not shield social workers from professional malpractice or misconduct claims or waive state sovereign immunity.
Military families keep their licensing home state
Active military members and their spouses with a Multistate License can keep their designated home state during active-duty service. This protects their licensing home-state designation when military assignments require a move.
Social workers face Compact fees and costs
The Compact Commission can charge Multistate License holders fees and collect annual assessments from member states. These charges cover its approved budget only to the extent other revenue does not cover it. State assessments follow a formula set by Commission rule; the law gives no charge amounts. Applicants also bear required fingerprinting and background-check costs. States can recover investigation and case-resolution costs from a worker after adverse action, but only when state law permits.
Moving social workers face new license steps
Social workers moving between Compact states must immediately apply for a reissued Multistate License, pay fees, and notify their former state. The new state checks eligibility and criminal history and can require its test on state laws. Workers who do not qualify must meet the new state's single-state license requirements. Moves between member and nonmember states also follow the new state's single-state license rules, not the Compact transfer process. A worker can have only one home state and one Multistate License at a time.
State exits include temporary license protection
A state can withdraw by repealing the Compact; withdrawal takes effect 180 days after the repeal law is enacted. It must notify licensees and recognize Compact licenses for at least 180 days after notice; investigation and reporting duties continue until withdrawal. Termination requires written default notice, proposed fixes, offered assistance, an uncured default, exhausted alternatives, and a majority delegate vote. A terminated state must notify licensees and continue recognizing Compact licenses for at least six months after the termination notice. The Commission can deny participation for a state constitutional requirement that materially departs from the Compact, or terminate membership through the default process.
Cross-state social workers face coordinated oversight
Social workers must follow the laws and practice standards where their client is located; conflicting state requirements yield to the Compact. The home state controls the Multistate License, while another member state can restrict authorization there or impose lawful fines. Home-state license restrictions stop practice in all other member states until cleared; local restrictions can stop practice in that state. States must follow due process, give out-of-state reports equal priority, and share case materials; joint investigations are allowed. A state cannot discipline a worker for actions lawful in another member state, and the Compact leaves professional malpractice liability unchanged.
States share social worker license records
The Commission must maintain a shared data system and give each Multistate License applicant a unique identifier. States must report identifying details, license status, denials, adverse actions, significant investigations, and required nonconfidential program data. Current significant investigation details are available only to member states, and contributing states can restrict public access to information. Records must be removed when later expunged under federal or contributing-state law. Commission-certified data are authenticated business records and can be admitted in member-state proceedings.
Binding Compact rules include public input
Commission rules bind member states, including later joiners, on the stated date or the day after adoption when none is stated. A rule does not apply where a court finds a conflict with state law, regulations, or social-work practice standards. Regular rulemaking requires at least 30 days' public notice, a chance to comment, and adoption by Commission majority vote. A majority of member legislatures can reverse a rule within four years. Emergency rules require at least 48 hours' notice and comment opportunity and can reach back up to 90 days. Emergency grounds include protecting health or safety, preventing lost funds, meeting federal deadlines, or addressing imminent threats.
Compact states must meet licensing safeguards
Member states must regulate at least one covered social-work category and meet education, supervised-practice, exam, and criminal-history standards. They must handle complaints, share required records, authorize Compact practice, follow Commission rules, and appoint a delegate. Vacant delegate seats must be filled within 60 days. Delaware's executive and judicial branches must enforce and implement the Compact. The Commission manages implementation, staffing, contracts, and generally public meetings; its finances receive an annual review by a certified public accountant.
Sponsors & Cosponsors
Sponsor
Marie Pinkney
Democratic • Senate
Cosponsors
Stephanie T. Bolden
Democratic • House
Eric Buckson
Republican • Senate
Nnamdi O. Chukwuocha
Democratic • House
Stephanie L. Hansen
Democratic • Senate
Kyra L. Hoffner
Democratic • Senate
Russell Huxtable
Democratic • Senate
Kendra Johnson
Democratic • House
S. Elizabeth Lockman
Democratic • Senate
Eric Morrison
Democratic • House
Edward S. Osienski
Democratic • House
Sherae'a Moore
Democratic • House
Claire Snyder-Hall
Democratic • House
John "Jack" Walsh
Democratic • Senate
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
SS 1 for SB 109 - Signed by Governor
8/25/2025GovernorSS 1 for SB 109 - Passed By House. Votes: 40 YES 1 VACANT
6/30/2025HouseSS 1 for SB 109 - Reported Out of Committee (Health & Human Development) in House with 8 Favorable, 1 On Its Merits
6/11/2025HouseSS 1 for SB 109 - Assigned to Health & Human Development Committee in House
5/14/2025HouseSS 1 for SB 109 - Passed By Senate. Votes: 21 YES
5/13/2025SenateSS 1 for SB 109 - Reported Out of Committee (Health & Social Services) in Senate with 5 Favorable, 2 On Its Merits
5/7/2025SenateSubstituted in Senate by SS 1 for SB 109
5/6/2025SenateIntroduced and Assigned to Health & Social Services Committee in Senate
4/15/2025Senate
Bill Text
Current
4/15/2025
Related Bills
HS 1 for HB 449, AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DIETITIAN/NUTRITIONIST LICENSURE ACT.
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SB 279, AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATIONAL THERAPISTS.
HB 393, AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLIC UTILITY CONSUMERS.
SB 231, AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS.
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