Me. Stat. tit. 32 § 7083

Current through 131st (2023-2024) Legislature Chapter 684
Section 7083 - Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

1. Active duty military. "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserves of the United States Armed Forces on active duty orders pursuant to 10 United States Code, Chapters 1209 and 1211.
2. Adverse action. "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws that is imposed by a licensing authority or other authority against a regulated social worker, including actions against an individual's license or multistate authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice or any other encumbrance on licensure affecting a regulated social worker's authorization to practice, including issuance of a cease and desist action.
3. Alternative program. "Alternative program" means a nondisciplinary monitoring or practice remediation process approved by a licensing authority to address practitioners with an impairment.
4. Charter member state. "Charter member state" means a member state that has enacted legislation to adopt this compact when the legislation predates the effective date of this compact as described in section 7095.
5. Commission. "Commission" means the government agency whose membership consists of all states that have enacted this compact, as described in section 7091, and that operates as an instrumentality of the member states.
6. Current significant investigative information. "Current significant investigative information" means:
A. 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
B. Investigative information that indicates that a 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.
7. Data system. "Data system" means a repository of information about licensees, including continuing education, examination, licensure, current significant investigative information, disqualifying events, multistate licenses and adverse action information or other information as required by the commission.
8. Disqualifying event. "Disqualifying event" means any adverse action or incident that results in an encumbrance that disqualifies or makes a licensee ineligible to obtain, retain or renew a multistate license.
9. Domicile. "Domicile" means the jurisdiction in which a licensee resides and intends to remain indefinitely.
10. Encumbrance. "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of social work licensed and regulated by a licensing authority.
11. Executive committee. "Executive committee" means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the compact and commission.
12. Home state. "Home state" means the member state that is a licensee's primary domicile.
13. Impairment. "Impairment" means any condition that may impair a practitioner's ability to engage in full and unrestricted practice as a regulated social worker without some type of intervention and may include alcohol and drug dependence, mental health impairment and neurological or physical impairments.
14. Licensee. "Licensee" means an individual who holds a license from a state to practice as a regulated social worker.
15. Licensing authority. "Licensing authority" means the board or agency of a member state, or equivalent, that is responsible for the licensing and regulation of regulated social workers.
16. Member state. "Member state" means a state that has enacted this compact.
17. Multistate authorization to practice. "Multistate authorization to practice" means a legally authorized privilege to practice that is equivalent to a license and is associated with a multistate license permitting the practice of social work in a remote state.
18. Multistate license. "Multistate license" means a license to practice as a regulated social worker issued by a home state licensing authority that authorizes the regulated social worker to practice in all member states under a multistate authorization to practice.
19. Qualifying national examination. "Qualifying national examination" means a national licensing examination approved by the commission.
20. Regulated social worker. "Regulated social worker" means a clinical, master's or bachelor's social worker licensed by a member state regardless of the title used by that member state.
21. Remote state. "Remote state" means a member state other than a licensee's home state.
22. Rule or rule of commission. "Rule" or "rule of the commission" means a regulation duly promulgated by the commission, as authorized by the compact, that has the force of law.
23. Single-state license. "Single-state license" means a social work license issued by any state that authorizes practice only within the issuing state and does not include a multistate authorization to practice in any member state.
24. Social work or social work services. "Social work" or "social work services" means the application of social work theory, knowledge, methods and ethics and the professional use of self to restore or enhance social, psychosocial or biopsychosocial functioning of individuals, couples, families, groups, organizations and communities through the care and services provided by a regulated social worker as set forth in the member state's statutes and regulations in the state where the services are being provided.
25. State. "State" means any state, commonwealth, district or territory of the United States that regulates the practice of social work.
26. Unencumbered license. "Unencumbered license" means a license that authorizes a regulated social worker to engage in the full and unrestricted practice of social work.

32 M.R.S. § 7083

Added by 2024, c. 674,§ 1, eff. 8/9/2024.