April 2024 Legal Intelligencer/Law.com article by Lamb McErlane attorneys Vasilios J. Kalogredis, Esq. and Sonal Parekh, Esq.

The gap in access to mental health services throughout the United States has been a prevalent problem only further exacerbated by the Covid-19 pandemic. The U.S. Bureau of Labor Statistics predicts a substantial deficit of 74,000 social workers each year for the next decade, highlighting a critical need for solutions.

In an effort to aid and address behavioral health worker shortages and gaps in mental-healthcare access nationwide, legislators in almost 30 states are working towards passing legislation in 2024 to establish a common, multistate license for social workers. Thus far, 28 states (including Pennsylvania) have legislation enacted or pending to adopt the Social Work Licensure Compact (the “Compact”). At least 6 states will need to enact legislation to accept the Compact to officially establish a single license. This means only 1 more state needs to enact legislation for the license to be recognized.

The Compact will establish a single license allowing social workers with a college degree or clinical license to serve patients across state lines (within each compact state), including through telehealth platforms. This single license requirement is anticipated to promote greater flexibility and access for both social workers and the patients they serve.

Certain states such as Alaska, California, Massachusetts, New York, and other states that have not joined any interstate compacts thus far are not anticipated to join the Compact. Proposals within these states have faced concerns relating to the potential decline in work standards and a general loss of oversight on the profession. Another point of concern is the disparity between passing rates on social work licensing exams. However, in response to these concerns, the Compact allows states to have an alternative way to prove competency. For example, Illinois now allows 6,000 hours of documented, supervised experience to serve as an alternative to passing the licensing exam to address disparities.

In Pennsylvania, the Social Work Licensure Compact Model Legislation was introduced by Representative Aerion Abney to the Pennsylvania House of Representatives on November 13, 2023 (House Bill 1841). Representative Abney introduced the legislation to help address workforce shortage, create greater employment opportunities for licensees, and easier access to care for Pennsylvanians. The Compact in Pennsylvania is aimed to eliminate barriers to practice and client care while ensuring public protection. Specifically, Representative Abney relayed that the Compact will provide consumers greater access to social work services, improve continuity of care when clients are traveling or relocating, support new to the area professional social workers seeking employment in Pennsylvania, and provide much needed support for military spouses that are professional social workers, as well as military families seeking treatment from social workers. Furthermore, the legislation will create a data system of information about licensees including license status, investigative information, and adverse actions to provide a level of protection for the public and consumers of social work services.

The Social Work Licensure Compact follows several other types of licensure compacts that provide for participating states to work together to significantly streamline the licensing process for professionals who want to practice in multiple states. The Interstate Medical Licensure Compact (“Medical Compact”), which became operational in 2017, currently includes 37 states, the District of Columbia, and the Territory of Guam. Though Pennsylvania has passed legislation for the Medical Compact, implementation is currently delayed. Likewise, the Nursing Licensure Compact has been enacted and implemented in 39 states with partial implementation in Pennsylvania, and has pending legislation in 8 states (including California) and the District of Columbia. Similarly, the Dentist and Dental Hygienist Compact has been enacted in 5 states, with legislation introduced in 11 states, including Pennsylvania. These are just a few examples of the many compacts that have been introduced, enacted, and implemented throughout the United States.

The ultimate goal of all compacts is to increase health care access for patients in underserved or rural areas and allow them to more easily connect with healthcare professionals through the use of telemedicine technologies. While the compacts make it easier for professionals to obtain licenses to practice in multiple states, they also strengthen public protection by enhancing the ability of states to share investigative and disciplinary action.

Read the article in Law.com/Legal Intelligencer here.

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Vasilios J. (Bill) Kalogredis, Esq. has been advising physicians, dentists, and other healthcare professionals and their businesses as to contractual, regulatory and transactional matters for 50 years. He is Chairman of Lamb McErlane PC’s Health Law Department. Bill can be reached by email at bkalogredis@lambmcerlane.com or by phone at 610-701-4402.

Sonal Parekh, Esq., who contributed to this article, is a practicing attorney at Lamb McErlane PC who focuses on healthcare transactional matters and a broad range of healthcare regulatory-related issues on behalf of healthcare systems, physicians, dentists, and other healthcare providers, and is a pharmacist by education and training.

*This article is for educational purposes only and is not intended to be legal advice. Should you require legal advice on this topic or have any questions or concerns, please contact Vasilios J. (Bill) Kalogredis, Esq. or Sonal Parekh, Esq.