DelawareSS 1 for SB 109153rd General Assembly (2024–2026)Senate

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO A SOCIAL WORK LICENSURE COMPACT.

Sponsored By: Marie Pinkney (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 5 benefits, 1 costs, 5 mixed.

Social workers face cross-state discipline limits

States where services are provided can restrict practice permission, impose fines, and take other action under their laws and due-process rules. Home-state discipline or restrictions on a Multistate License deactivate practice permission in every other member state. Permission stays inactive until all license restrictions and disciplinary conditions are resolved; restrictions in one remote state can stop practice there. States may recover investigation and case costs only when state law allows it and the case results in disciplinary action. Member states cannot discipline covered social workers for conduct that was lawful in another member state.

Social workers gain multistate practice options

Delaware joins the Social Work Licensure Compact, letting qualified social workers practice across member states, including through telehealth. Applicants need an active home-state license without restrictions, or eligibility for one, and must meet continuing-competence and renewal requirements. Each license category requires a matching accredited or candidacy degree and competency shown through an exam, qualifying prior licensure, or approved equivalency. Clinical applicants need a qualifying master's degree and 3,000 postgraduate supervised clinical hours, two full-time supervised years, or approved equivalency. Applicants must submit fingerprints or other biometric data for criminal-history checks, pay applicable fees, and report license discipline or restrictions within 30 days. Social workers must follow the laws and professional standards where their client is located.

Military families can keep license home states

Active-duty military members and their spouses who hold a Multistate License can choose a home state for that license. They can keep that designation while the service member remains on active duty.

Social workers get license exit transitions

A state's withdrawal takes effect 180 days after it enacts a law repealing the Compact. The state must notify licensees and recognize Compact licenses for at least 180 days after that notice. Required investigation and disciplinary reporting continues until withdrawal takes effect. A terminated state must notify licensees immediately and recognize Compact licenses for at least six months after its termination notice. Departing states remain responsible for obligations already incurred, and the Compact continues for remaining member states.

Compact staff gain lawsuit protections

Commission members, officers, staff, and representatives receive civil liability protection for qualifying work within their Commission duties. Protection also covers work reasonably believed to fall within those duties. The Commission must defend them and cover qualifying claims, settlements, and judgments. These protections do not cover intentional, willful, or wanton misconduct and do not change professional liability or state sovereign immunity.

States create shared social work oversight

The law establishes a joint state commission to run the Compact, which becomes effective when the seventh state enacts it. The Commission begins on or after that effective date. Member states must regulate at least one social work license category and meet education, clinical supervision, and complaint-handling standards. They must participate in the shared database, report required licensing matters, follow criminal-history procedures, and comply with Commission rules. States choose which license categories qualify for multistate licensing.

States coordinate social worker investigations

Only the home state disciplines the Multistate License; other states act on permission to practice within their borders. Home states must give out-of-state conduct reports equal priority, apply their own laws, and finish investigations even after a worker moves. States can investigate jointly and must share investigation, court-case, and compliance materials for Compact investigations. Member-state courts enforce licensing subpoenas under their own procedures, and the issuing authority pays required witness fees and expenses. States must promptly report disciplinary actions through the shared system, which alerts the home state and all other member states.

Social workers face possible multistate fees

A social worker's home state may charge a fee to grant a Multistate License. The Compact Commission may also charge license holders fees and collect annual payments from member states. These revenues cover its approved operating budget to the extent other revenue does not. Commission rules set how state payments are divided; the law sets no fee or assessment amounts.

Moving social workers must reissue licenses

Social workers can hold only one Multistate License tied to one home state at a time. Moving between member states requires an immediate reissuance application, applicable fees, and notice to the old home state. The new state verifies that the license is active and unrestricted, repeats criminal-history checks, and applies any state-law knowledge requirements. Reissuance deactivates the old Multistate License, and member states receive notice. Workers who do not qualify, or move to or from a non-member state, must meet the new state's single-state licensing requirements.

Social work rules gain interstate force

Commission rules carry the force of law, but courts can block conflicts with a state's social work laws or standards. The Compact itself overrides conflicting state requirements; compatible state requirements remain enforceable. Rulemaking requires public notice and hearings, with 30 days' notice before a hearing. Emergency rules require at least 48 hours' notice and can reach back up to 90 days. A rule loses force everywhere if a majority of member-state legislatures reject it within four years.

Social worker records shared with safeguards

The Compact Commission must run a shared licensing database and give each Multistate License applicant a unique identifier. States must submit identity and license details, disciplinary actions, denials and reasons, significant investigation information, and non-confidential alternative-program information. Commission-certified records are accepted as authenticated business records. Significant investigation information is available only to member states, and contributing states may restrict public disclosure of their records. Records expunged under federal law or the contributing state's law must be removed.

Sponsors & Cosponsors

Sponsor

Marie Pinkney
Democratic • Senate

Cosponsors

Stephanie T. Bolden
Democratic • House
Eric Buckson
Republican • Senate
Nnamdi O. Chukwuocha
Democratic • House
Daniel Cruce
Democratic • Senate
Stephanie L. Hansen
Democratic • Senate
Jeff Hilovsky
Republican • House
Kyra L. Hoffner
Democratic • Senate
Russell Huxtable
Democratic • Senate
Kendra Johnson
Democratic • House
Kamela T Smith
Democratic • House
Larry Lambert
Democratic • House
S. Elizabeth Lockman
Democratic • Senate
Eric Morrison
Democratic • House
Edward S. Osienski
Democratic • House
Nicole Poore
Democratic • Senate
Sherae'a Moore
Democratic • House
Ray Seigfried
Democratic • Senate
Claire Snyder-Hall
Democratic • House
John "Jack" Walsh
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 61 • No: 0

House vote • 6/30/2025

Passed (SM required)

Yes: 40 • No: 0

Senate vote • 5/13/2025