Issue 19 - 05-07-2026 | Kansas Legislature

Volume 45 - Issue 19- May 7, 2026

State of Kansas

Secretary of State

Certification of New State Laws

I, Scott Schwab, Secretary of State of the State of Kansas, do hereby certify that the following bill is a correct copy of the original enrolled bill now on file in my office.

Scott Schwab
Secretary of State

(Published in the Kansas Register May 7, 2026.)

House Bill No. 2533

An Act concerning health professions and practices; relating to occupational therapy, respiratory therapy, esthetics and athletic training; enacting the occupational therapy licensure compact, respiratory care interstate compact, esthetics licensure compact and athletic trainer licensure compact to provide interstate practice privileges.

Be it enacted by the Legislature of the State of Kansas:

Section 1. This section shall be known and may be cited as the occupational therapy licensure compact.

ARTICLE 1 – PURPOSE

(a) The purpose of this compact is to facilitate interstate practice of occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient or client is located at the time of the occupational therapy encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

(b) This compact is designed to achieve the following objectives:

(1) Increase public access to occupational therapy services by providing for the mutual recognition of other member state licenses;

(2) enhance the states’ ability to protect the public’s health and safety;

(3) encourage the cooperation of member states in regulating multi-state occupational therapy practice;

(4) support spouses of relocating military members;

(5) enhance the exchange of licensure, investigative and disciplinary information between member states;

(6) allow a remote state to hold a provider of services with a compact privilege in that state that is accountable to that state’s practice standards; and

(7) facilitate the use of telehealth technology in order to increase access to occupational therapy services.

ARTICLE 2 – DEFINITIONS

As used in this compact, and except as otherwise provided, the following definitions shall apply:

(a) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. chapter 1209 and 10 U.S.C. chapter 1211.

(b) “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state’s laws that is imposed by a licensing board or other authority against an occupational therapist or occupational therapy assistant, including actions against an individual’s license or compact privilege such as censure, revocation, suspension, probation, monitoring of the licensee or restriction on the licensee’s practice.

(c) “Alternative program” means a non-disciplinary monitoring process approved by an occupational therapy licensing board.

(d) “Compact privilege” means the authorization, equivalent to a license, granted by a remote state to allow a licensee from another member state to practice as an occupational therapist or an occupational therapy assistant in the remote state under its laws and rules. The practice of occupational therapy occurs in the member state where the patient or client is located at the time of the occupational therapy encounter.

(e) “Continuing competence or education” means a requirement, as a condition of license renewal, to provide evidence of participation in or completion of, educational and professional activities relevant to practice or area of work.

(f) “Current significant investigative information” means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the occupational therapist or occupational therapy assistant to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.

(g) “Data system” means a repository of information concerning licensees, including, but not limited to, license status, investigative information, compact privileges and adverse actions.

(h) “Encumbered license” means a license in which an adverse action restricts the practice of occupational therapy by the licensee or such adverse action has been reported to the national practitioner data bank (NPDB).

(i) “Executive committee” means a group of directors elected or appointed to act on behalf of and within the powers granted to them by the commission.

(j) “Home state” means the member state that is the licensee’s primary state of residence.

(k) “Impaired practitioner” means individuals whose professional practice is adversely affected by substance abuse, addiction or other health-related conditions.

(l) “Investigative information” means information, records or documents received or generated by an occupational therapy licensing board pursuant to an investigation.

(m) “Jurisprudence requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of occupational therapy in a state.

(n) “Licensee” means an individual who currently holds an authorization from the state to practice as an occupational therapist or as an occupational therapy assistant.

(o) “Member state” means a state that has enacted the compact.

(p) “Occupational therapist” means an individual who is licensed by a state to practice occupational therapy.

(q) “Occupational therapy assistant” means an individual who is licensed by a state to assist in the practice of occupational therapy.

(r) “Occupational therapy,” “occupational therapy practice” and the “practice of occupational therapy” mean the care and services provided by an occupational therapist or an occupational therapy assistant as set forth in the member state’s statutes and regulations.

(s) “Occupational therapy compact commission” or “commission” means the national administrative body whose membership consists of all states that have enacted the compact.

(t) “Occupational therapy licensing board” or “licensing board” means the agency of a state that is authorized to license and regulate occupational therapists and occupational therapy assistants.

(u) “Primary state of residence” means the state, also known as the home state, where an occupational therapist or occupational therapy assistant who is not active-duty military declares a primary residence for legal purposes as verified by driver’s license, federal income tax return, lease, deed, mortgage, voter registration or other verifying documentation as further defined by commission rules.

(v) “Remote state” means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.

(w) “Rule” means a regulation promulgated by the commission that has the force of law.

(x) “State” means any state, commonwealth, district or territory of the United States that regulates the practice of occupational therapy.

(y) “Single-state license” means an occupational therapist or occupational therapy assistant license issued by a member state that authorizes practice only within the issuing state and does not include a compact privilege in any other member state.

(z) “Telehealth” means the application of telecommunication technology to deliver occupational therapy services for assessment, intervention or consultation.

ARTICLE 3 – STATE PARTICIPATION IN THE COMPACT

(a) To participate in the compact, a member state shall:

(1) License occupational therapists and occupational therapy assistants;

(2) participate fully in the commission’s data system, including, but not limited to, using the commission’s unique identifier as defined in rules of the commission;

(3) have a mechanism in place for receiving and investigating complaints concerning licensees;

(4) notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee;

(5) implement or utilize procedures for considering the criminal history records of applicants for an initial compact privilege. These 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;

(A) A member state shall, within a time frame established by the commission, require a criminal background check for a licensee seeking or applying for a compact privilege whose primary state of residence is in that member state, by receiving the results of the federal bureau of investigation criminal record search and shall use the results in making licensure decisions.

(B) Communication between a member state, the commission and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the federal bureau of investigation relating to a federal criminal records check performed by a member state under public law 92-544;

(6) comply with the rules of the commission;

(7) utilize only a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and

(8) have continuing competence or education requirements as a condition for license renewal.

(b) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.

(d) A member state shall provide for the state’s delegate to attend all occupational therapy compact commission meetings.

(e) Individuals not residing in a member state shall continue to be able to apply for a member state’s single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the compact privilege in any other member state.

(f) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.

ARTICLE 4 – COMPACT PRIVILEGE

(a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall:

(1) Hold a license in the home state;

(2) have a valid United States social security number or national practitioner identification number;

(3) have no encumbrance on any state license;

(4) be eligible for a compact privilege in any member state in accordance with article 4(d), (f), (g) and (h);

(5) have paid all fines and completed all requirements resulting from any adverse action against any license or compact privilege and two years have elapsed from the date of such completion;

(6) notify the commission that the licensee is seeking the compact privilege within a remote state;

(7) pay any applicable fees, including any state fee, for the compact privilege;

(8) complete a criminal background check in accordance with article 3(a)(5), for which the licensee shall be responsible for the payment of any fee associated with the completion of a criminal background check;

(9) meet any jurisprudence requirements established by the remote state where the licensee is seeking a compact privilege; and

(10) report to the commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken.

(b) The compact privilege is valid until the expiration date of the home state license. The licensee shall comply with the requirements of article 4(a) in order to maintain the compact privilege in the remote state.

(c) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

(d) Occupational therapy assistants practicing in a remote state shall be supervised by an occupational therapist licensed or holding a compact privilege in that remote state.

(e) A licensee providing occupational therapy in a remote state shall be subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines or take any other necessary actions to protect the health and safety of its citizens. The licensee may be ineligible for the compact privilege in any state until the specific time for removal has passed and all fines have been paid.

(f) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:

(1) The home state license is no longer encumbered; and

(2) two years have elapsed from the date that the home state license is no longer encumbered in accordance with article 4(f)(1).

(g) Once an encumbered license in the home state is restored to good standing, the licensee shall meet the requirements of article 4(a) to obtain a compact privilege in any remote state.

(h) If a licensee’s compact privilege in any remote state is removed, the individual may lose the compact privilege in any other remote state until the following occur:

(1) The specific period of time when the compact privilege was removed has ended;

(2) all fines have been paid and all conditions have been met;

(3) two years have elapsed from the date of completing requirements for paragraphs (1) and (2);

(4) the compact privileges are reinstated by the commission; and

(5) the compact data system is updated to reflect reinstatement.

(i) If a licensee’s compact privilege in any remote state is removed due to an erroneous charge, privileges shall be restored through the compact data system.

(j) Once the requirements of article 4(h) have been met, the licensee shall meet the requirements in article 4(a) to obtain a compact privilege in a remote state.

ARTICLE 5 – OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF COMPACT PRIVILEGE

(a) An occupational therapist or occupational therapy assistant may hold a home state license that allows for compact privileges in member states in only one member state at a time.

(b) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving between two member states:

(1) The occupational therapist or occupational therapy assistant shall file an application for obtaining a new home state license by virtue of a compact privilege, pay all applicable fees and notify the current and new home state in accordance with applicable rules adopted by the commission;

(2) upon receipt of an application for obtaining a new home state license by virtue of compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the pertinent criteria outlined in article 4 via the data system without need for primary source verification, except for:

(A) A federal bureau of investigation fingerprint-based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in accordance with public law 92-544; and

(B) other criminal background check as required by the new home state;

(3) the occupational therapist or occupational therapy assistant shall submit to any requisite jurisprudence requirements of the new home state;

(4) the former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the commission;

(5) notwithstanding any other provision of this compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in article 4, the new home state shall apply its requirements for issuing a new single-state license; and

(6) the occupational therapist or the occupational therapy assistant shall pay all applicable fees to the new home state to be issued a new home state license.

(c) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving from a member state to a nonmember state or from a nonmember state to a member state, the state criteria shall apply for the issuance of a single-state license in the new state.

(d) Nothing in this compact shall interfere with a licensee’s ability to hold a single-state license in multiple states, except that, for the purposes of this compact, a licensee shall have only one home state license.

(e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.

ARTICLE 6 – ACTIVE-DUTY MILITARY PERSONNEL OR THEIR SPOUSES

Active-duty military personnel or their spouse shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state or through the process described in article 5.

ARTICLE 7 – ADVERSE ACTIONS

(a) A home state shall have exclusive power to impose adverse action against an occupational therapist’s or occupational therapy assistant’s license issued by the home state.

(b) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:

(1) Take adverse action against an occupational therapist’s or occupational therapy assistant’s compact privilege within that member state; and

(2) 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 board 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 where the witnesses or evidence are located.

(c) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

(d) The home state shall complete any pending investigations of an occupational therapist or occupational therapy assistant who changes primary state of residence during the course of the investigations. The home state, where the investigations were initiated, shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the occupational therapy compact commission data system. The occupational therapist compact commission data system administrator shall promptly notify the new home state of any adverse actions.

(e) A member state, if otherwise permitted by state law, may recover from the affected occupational therapist or occupational therapy assistant the costs of investigations and disposition of cases resulting from any adverse action taken against that occupational therapist or occupational therapy assistant.

(f) A member state may take adverse action based on the factual findings of the remote state if the member state follows its own procedures for taking the adverse action.

(g) Joint investigations:

(1) In addition to the authority granted to a member state by its respective state occupational therapy laws and regulations 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.

(h) If an adverse action is taken by the home state against an occupational therapist’s or occupational therapy assistant’s license, the occupational therapist’s or occupational therapy assistant’s compact privilege in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an occupational therapist’s or occupational therapy assistant’s license shall include a statement that the occupational therapist’s or occupational therapy assistant’s compact privilege is deactivated in all member states during the pendency of the order.

(i) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.

(j) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.

ARTICLE 8 – ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT COMMISSION

(a) The compact member states hereby create and establish a joint public agency known as the occupational therapy compact commission.

(1) The commission is an instrumentality of the compact states.

(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.

(b) Membership, voting and meetings:

(1) Each member state shall have and be limited to one delegate selected by that member state’s licensing board.

(2) The delegate shall be either:

(A) A current member of the licensing board who is an occupational therapist, occupational therapy assistant or public member; or

(B) an administrator of the licensing board.

(3) Any delegate may be removed or suspended from office as provided by the law of the state where the delegate is appointed.

(4) The member state board shall fill any vacancy occurring in the commission within 90 days.

(5) Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.

(6) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

(7) The commission shall establish by rule a term of office for the executive committee delegates.

(1) Establish a code of ethics for the commission;

(2) establish the fiscal year of the commission;

(3) establish 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 and the bylaws;

(6) promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states;

(7) bring and prosecute legal proceedings or actions in the name of the commission, except that the standing of any state occupational therapy licensing board to sue or be sued under applicable law shall not be affected;

(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) 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;

(11) accept any and all appropriate donations and grants of money, equipment, supplies, materials and services and receive, utilize and dispose of the same except that at all times the commission shall avoid any appearance of impropriety or conflict of interest;

(12) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use any property, real, personal or mixed except that at all times the commission shall avoid any appearance of impropriety;

(13) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;

(14) establish a budget and make expenditures;

(15) borrow money;

(16) 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;

(17) provide and receive information from and cooperate with, law enforcement agencies;

(18) establish and elect an executive committee; and

(19) perform such other functions as may be necessary or appropriate to achieve the purposes of this compact, consistent with the state regulation of occupational therapy licensure and practice.

(d) The executive committee:

(1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact.

(2) The executive committee shall be composed of nine members, as follows:

(A) Seven voting members who are elected by the commission from the current membership of the commission;

(B) one ex officio, nonvoting member from a recognized national occupational therapy professional association; and

(3) The ex officio members shall be selected by their respective organizations.

(4) The commission may remove any member of the executive committee as provided in bylaws.

(5) The executive committee shall meet at least annually.

(6) The executive committee shall have the following duties and responsibilities:

(A) Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues and any commission compact fee charged to licensees for the compact privilege;

(B) ensure that compact administration services are appropriately provided, contractual or otherwise;

(D) maintain financial records on behalf of the commission;

(E) monitor compact compliance of member states and provide compliance reports to the commission;

(F) establish additional committees as necessary; and

(G) perform other duties as provided in rules or bylaws.

(e) Meetings of the commission:

(1) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in article 10.

(2) The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss:

(A) Noncompliance 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 or other matters related to the commission’s internal personnel practices and procedures;

(D) negotiation of contracts for the purchase, lease or sale of goods, services or real estate;

(E) accusing any person of a crime or formally censuring any person;

(F) disclosure of trade secrets or commercial or financial information that is privileged or confidential;

(G) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(H) disclosure of investigative records compiled for law enforcement purposes;

(I) disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with the responsibility of investigation or determination of compliance issues pursuant to the compact; or

(J) matters specifically exempted from disclosure by federal or member state statute.

(3) If a meeting or portion of a meeting is closed pursuant to this provision, the commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

(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 therefor, 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 by a majority vote of the commission or order of a court of competent jurisdiction.

(f) Financing of the commission:

(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, donations and grants of money, equipment, supplies, materials and services.

(3) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff that shall be in a total amount sufficient to cover its annual budget as approved by the commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states.

(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 audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.

(g) Qualified immunity, defense and indemnification:

(1) The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or 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, except 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.

(2) The commission shall defend any member, officer, executive director, employee or 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 commission employment, duties or responsibilities 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, except that nothing herein shall be construed to prohibit that person from retaining such person’s counsel, provided 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 or representative of the commission for the amount of any 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 if the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.

ARTICLE 9 – DATA SYSTEM

(a) The commission shall provide for the development, maintenance and utilization of a coordinated database and reporting system containing licensure, adverse action and investigative information on all licensed individuals in member states.

(b) A member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable, utilizing a unique identifier, as required by the rules of the commission, including:

(1) Identifying information;

(2) licensure data;

(3) adverse actions against a license or compact privilege;

(4) nonconfidential information relating to alternative program participation;

(5) any denial of application for licensure and the reason for such denial;

(6) other information that may facilitate the administration of this compact, as determined by the rules of the commission; and

(7) current significant investigative information.

(c) Current significant investigative information and other investigative information pertaining to a licensee in any member state shall only be available to other member states.

(d) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.

(e) Member states contributing information to the data system may designate information that shall not be shared with the public without the express permission of the contributing state.

(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.

ARTICLE 10 – RULEMAKING

(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

(b) The commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event that the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the commission shall be invalid and have no force and effect.

(c) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.

(d) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.

(e) Prior to promulgation and adoption of a final rule or rules by the commission and at least 30 days in advance of the meeting where the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking on the websites of:

(1) The commission or other publicly accessible platform; and

(2) each member state’s occupational therapy licensing board or other publicly accessible platform or the publication where each state would otherwise publish proposed rules.

(f) The notice of proposed rulemaking shall include:

(1) The proposed time, date and location of the meeting where the rule will be considered and voted upon;

(2) the text of the proposed rule or amendment and the reason for the proposed rule;

(3) a request for comments on the proposed rule from any interested person; and

(4) the manner that interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.

(g) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.

(h) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

(1) At least 25 persons;

(2) a state or federal governmental subdivision or agency; or

(3) an association or organization having at least 25 members.

(i) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.

(1) All persons wishing to be heard at the hearing shall notify in writing the executive director of the commission or other designated member of their desire to appear and testify at the hearing within not less than five business days before the scheduled date of the hearing.

(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

(3) All hearings shall be recorded. A copy of the recording shall be made available on request.

(4) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this article.

(j) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.

(k) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.

(l) The commission shall, by majority vote of all members, take final action on the proposed rule and determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

(m) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, except that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible but in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that shall be adopted immediately in order to:

(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 an administrative rule that is established by federal law or rule; or

(4) protect public health and safety.

(n) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical, formatting, consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision shall not take effect without the approval of the commission.

ARTICLE 11 – OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT

(a) Oversight:

(1) The executive, legislative and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.

(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the commission.

(3) The commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact or promulgated rules.

(b) Default, technical assistance and termination:

(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:

(A) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default or any other action to be taken by the commission; and

(B) provide remedial training and specific technical assistance regarding the default.

(2) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

(3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state’s legislature and each of the member states.

(4) A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

(5) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.

(6) The defaulting state may appeal the action of the commission by petitioning the United Sates District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.

(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 nonmember states.

(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

(d) Enforcement:

(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

(2) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event that judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.

(3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

ARTICLE 12 – DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL AND AMENDMENT

(a) The compact shall come into effect on the date that the compact statute is enacted into law in the 10^th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.

(b) Any state that joins the compact after the commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on that 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.

(1) A member state’s withdrawal shall not take effect until six months after enactment of the repealing statute.

(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s occupational therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

(d) Nothing contained in this compact shall be construed to invalidate or prevent any occupational therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.

(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

ARTICLE 13 – CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

ARTICLE 14 – BINDING EFFECT OF COMPACT AND OTHER LAWS

(a) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

(b) Nothing herein shall prevent the enforcement of any other law of a member state that is not inconsistent with the compact.

(d) Any lawful actions of the commission, including all rules and bylaws promulgated by the commission, shall be binding upon the member states.

(e) All agreements between the commission and the member states shall be binding in accordance with their terms.

(f) In the event that any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

Sec. 2. This section shall be known and may be cited as the respiratory care interstate compact.

ARTICLE 1 – TITLE AND PURPOSE

(a) The purpose of this compact is to facilitate the interstate practice of respiratory therapy with the goal of improving public access to respiratory therapy services by providing respiratory therapists licensed in a member state the ability to practice in other member states. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

(b) This compact is designed to achieve the following objectives:

(1) Increase public access to respiratory therapy services by creating a responsible, streamlined pathway for licensees to practice in member states with the goal of improving outcomes for patients;

(2) enhance states’ ability to protect the public’s health and safety;

(3) promote the cooperation of member states in regulating the practice of respiratory therapy within those member states;

(4) ease administrative burdens on states by encouraging the cooperation of member states in regulating multi-state respiratory therapy practice;

(5) support relocating active military members and their spouses; and

(6) promote mobility and address workforce shortages.

ARTICLE 2 – DEFINITIONS

As used in this compact, unless the context requires otherwise, the following definitions shall apply:

(a) “Active military member” means any person with a full-time duty status in the armed forces of the United States, including members of the national guard and reserve.

(b) “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state’s laws that is imposed by any state authority with regulatory authority over respiratory therapists, such as license denial, censure, revocation, suspension, probation, monitoring of the licensee or restriction on the licensee’s practice, not including participation in an alternative program.

(c) “Alternative program” means a non-disciplinary monitoring or practice remediation process applicable to a respiratory therapist approved by any state authority with regulatory authority over respiratory therapists. This includes, but is not limited to, programs to which licensees with substance abuse or addiction issues are referred in lieu of adverse action.

(d) “Charter member states” means those member states that were the first seven states to enact the compact into the laws of their state.

(e) “Commission” or “respiratory care interstate compact commission” means the governmental instrumentality and body politic whose membership consists of all member states that have enacted the compact.

(f) “Commissioner” means the individual appointed by a member state to serve as the member of the commission for that member state.

(g) “Compact” means the respiratory care interstate compact.

(h) “Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as a respiratory therapist in the remote state under the remote state’s laws and rules. The practice of respiratory therapy occurs in the member state where the patient is located at the time of the patient encounter.

(i) “Criminal background check” means the submission by the member state of fingerprints or other biometric-based information on license applicants at the time of initial licensing for the purpose of obtaining that applicant’s criminal history record information, as defined in 28 C.F.R. § 20.3(d) or successor provision, from the federal bureau of investigation and the state’s criminal history record repository, as defined in 28 C.F.R. § 20.3(f) or successor provision.

(j) “Data system” means the commission’s repository of information about licensees as further set forth in article 8.

(k) “Domicile” means the jurisdiction that is the licensee’s principal home for legal purposes.

(l) “Encumbered license” means a license that a state’s respiratory therapy licensing authority has limited in any way.

(m) “Executive committee” means a group of directors elected or appointed to act on behalf of and within the powers granted to them by the commission.

(n) “Home state” except as set forth in article 5, means the member state that is the licensee’s primary domicile.

(o) “Home state license” means an active license to practice respiratory therapy in a home state that is not an encumbered license.

(p) “Jurisprudence requirement” means an assessment of an individual’s knowledge of the state laws and regulations governing the practice of respiratory therapy in such state.

(q) “Licensee” means an individual who currently holds an authorization from the state to practice as a respiratory therapist.

(r) “Member state” means a state that has enacted the compact and been admitted to the commission in accordance with the provisions in this compact and commission rules.

(s) “Model compact” means the model for the respiratory care interstate compact on file with the council of state governments or other entity as designated by the commission.

(t) “Remote state” means a member state where a licensee is exercising or seeking to exercise the compact privilege.

(u) “Respiratory therapist” or “respiratory care practitioner” means an individual who holds a credential issued by the national board for respiratory care or its successor and a license in a state to practice respiratory therapy. For purposes of this compact, any other title or status adopted by a state to replace the term “respiratory therapist” or “respiratory care practitioner” shall be deemed synonymous with “respiratory therapist” and shall confer the same rights and responsibilities to the licensee under the provisions of this compact at the time of enactment.

(v) “Respiratory therapy,” “respiratory therapy practice,” “respiratory care,” “the practice of respiratory care” and “the practice of respiratory therapy” mean the care and services provided by or under the direction and supervision of a respiratory therapist or respiratory care practitioner.

(w) “Respiratory therapy licensing authority” means the agency, board or other body of a state that is responsible for licensing and regulation of respiratory therapists.

(x) “Rule” means a regulation promulgated by an entity that has the force and effect of law.

(y) “Scope of practice” means the procedures, actions and processes a respiratory therapist licensed in a state or practicing under a compact privilege in a state is permitted to undertake in that state and the circumstances under which the respiratory therapist is permitted to undertake those procedures, actions and processes. Such procedures, actions, processes and the circumstances under which they may be undertaken may be established through means, including, but not limited to, statute, regulations, case law and other processes available to the state respiratory therapy licensing authority or other governmental agency.

(z) “Significant investigative information” means information, records and documents received or generated by a state respiratory therapy licensing authority pursuant to an investigation for which a determination has been made that there is probable cause to believe that the licensee has violated a statute or regulation that is considered more than a minor infraction for which the state respiratory therapy licensing authority could pursue adverse action against the licensee.

(aa) “State” means any state, commonwealth, district or territory of the United States.

ARTICLE 3 – STATE PARTICIPATION IN THIS COMPACT

(a) In order to participate in this compact and thereafter continue as a member state, a member state shall:

(1) Enact a compact that is not materially different from the model compact;

(2) license respiratory therapists;

(3) participate in the commission’s data system;

(4) have a mechanism in place for receiving and investigating complaints against licensees and compact privilege holders;

(5) notify the commission, in compliance with the terms of this compact and commission rules, of any adverse action against a licensee, a compact privilege holder or a license applicant;

(6) notify the commission, in compliance with the terms of this compact and commission rules, of the existence of significant investigative information;

(7) comply with the rules of the commission;

(8) grant the compact privilege to a holder of an active home state license and otherwise meet the applicable requirements of article 4 in a member state; and

(9) complete a criminal background check for each new licensee at the time of initial licensure. If expressly authorized or permitted by federal law, whether such federal law is in effect prior to, at or after the time of a member state’s enactment of this compact, a member state’s enactment of this compact shall hereby authorize the member state’s respiratory therapy licensing authority to perform criminal background checks as defined in this compact. The absence of such a federal law as described in this subsection shall not prevent or preclude such authorization if it may be derived or granted through means other than the enactment of this compact.

(b) Nothing in this compact prohibits a member state from charging a fee for granting and renewing the compact privilege.

ARTICLE 4 – COMPACT PRIVILEGE

(a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall:

(1) Hold and maintain an active home state license as a respiratory therapist;

(2) hold and maintain an active credential from the national board for respiratory care or its successor that would qualify such licensee for licensure in the remote state where they are seeking the privilege;

(3) have not had any adverse action against a license within the previous two years;

(4) notify the commission that the licensee is seeking the compact privilege within a remote state;

(5) pay any applicable fees, including any state fees, commission fees and renewal fees, for the compact privilege;

(6) meet any jurisprudence requirements established by the remote state where the licensee is seeking a compact privilege;

(7) report to the commission adverse action taken by any non-member state within 30 days from the date that the adverse action is taken;

(8) report to the commission, when applying for a compact privilege, the address of the licensee’s domicile and thereafter promptly report to the commission any change in the address of the licensee’s domicile within 30 days of the effective date of the change in address; and

(9) consent to accept service of process by mail at the licensee’s domicile on record with the commission with respect to any action brought against the licensee by the commission or a member state and consent to accept service of a subpoena by mail at the licensee’s domicile on record with the commission with respect to any action brought or investigation conducted by the commission or a member state.

(b) The compact privilege is valid until the expiration date or revocation of the home state license unless terminated pursuant to adverse action. The licensee shall comply with all of the requirements of subsection (a) to maintain the compact privilege in a remote state. If such requirements are met, no adverse actions are taken and the licensee has paid any applicable compact privilege renewal fees, then the licensee shall maintain the licensee’s compact privilege.

(c) A licensee providing respiratory therapy in a remote state under the compact privilege shall function within the scope of practice authorized by the remote state for the type of respiratory therapist license the licensee holds. Such procedures, actions, processes and the circumstances under which they may be undertaken may be established through means, including, but not limited to, statute, regulations, case law and other processes available to the state respiratory therapy licensing authority or other government agency.

(d) If a licensee’s compact privilege in a remote state is removed by the remote state, the individual shall lose or be ineligible for the compact privilege in that remote state until the compact privilege is no longer limited or restricted by that state.

(e) If a home state license is encumbered, the licensee shall lose the compact privilege in all remote states until the following occur:

(1) The home state license is no longer encumbered; and

(2) two years have elapsed from the date that the license is no longer encumbered due to the adverse action.

(f) Once a licensee with a restricted or limited license meets the requirements of subsection (e)(1) and (2), the licensee shall also meet the requirements of subsection (a) to obtain a compact privilege in a remote state.

ARTICLE 5 – ACTIVE MILITARY MEMBER OR THEIR SPOUSE

(a) An active military member or their spouse shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period that the service member is on active duty.

(b) An active military member and their spouse shall not be required to pay to the commission for a compact privilege any fee that may otherwise be charged by the commission. If a remote state chooses to charge a fee for a compact privilege, such state may choose to charge a reduced fee or no fee to an active military member and their spouse for a compact privilege.

ARTICLE 6 – ADVERSE ACTIONS

(a) A member state where a licensee is licensed shall have authority to impose adverse action against the license issued by that member state.

(b) A member state may take adverse action based on significant investigative information of a remote state or the home state, so long as the member state follows its own procedures for imposing adverse action.

(c) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state’s laws.

(d) A remote state shall have the authority to:

(1) Take adverse actions as set forth in this compact against a licensee’s compact privilege in that state;

(2) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence:

(A) Subpoenas may be issued by a respiratory therapy licensing authority in a member state for the attendance and testimony of witnesses and the production of evidence.

(B) Subpoenas issued by a respiratory therapy licensing authority in a member state for the attendance and testimony of witnesses shall be enforced in the latter state by any court of competent jurisdiction in the latter state, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it.

(C) Subpoenas issued by a respiratory therapy licensing authority in a member state for production of evidence from another member state shall be enforced in the latter state, according to the practice and procedure of that court applicable to subpoenas issued in the proceedings pending before it.

(D) The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses or evidence are located;

(3) unless otherwise prohibited by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee;

(4) notwithstanding subsection (d)(2), a member state shall not issue a subpoena to gather evidence of conduct in another member state that is lawful in such other member state for the purpose of taking adverse action against a licensee’s compact privilege or application for a compact privilege in that member state; and

(5) nothing in this compact authorizes a member state to impose discipline against a respiratory therapist’s compact privilege in that member state for the individual’s otherwise lawful practice in another state.

(e) Joint investigations:

(1) In addition to the authority granted to a member state by its respective respiratory therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees, except that a member state receiving such a request has no obligation to respond to any subpoena issued regarding an investigation of conduct or practice that was lawful in a member state at the time it was undertaken.

(2) Member states shall share any significant investigative information, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact. In sharing such information among member state respiratory therapy licensing authorities, all information obtained shall be kept confidential, except as otherwise mutually agreed upon by the sharing and receiving member states.

(f) Nothing in this compact shall be construed to permit a member state to take any adverse action against a licensee or holder of a compact privilege for conduct or practice that was legal in the member state at the time such conduct or practice was undertaken.

(g) Nothing in this compact shall be construed to permit a member state to take disciplinary action against a licensee or holder of a compact privilege for conduct or practice that was legal in the member state at the time such conduct or practice was undertaken.

ARTICLE 7 – ESTABLISHMENT OF THE RESPIRATORY CARE INTERSTATE COMPACT COMMISSION

(a) The compact member states hereby create and establish a joint governmental agency whose membership consists of all member states that have enacted the compact known as the respiratory care interstate compact commission. The commission is an instrumentality of the compact member states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact, as set forth in article 11.

(b) Membership, voting and meetings:

(1) Each member state shall have and be limited to one commissioner selected by that member state’s respiratory therapy licensing authority.

(2) The commissioner shall be an administrator or their designated staff member of the member state’s respiratory therapy licensing authority.

(3) The commission shall by rule or bylaw establish a term of office for commissioners and may by rule or bylaw establish term limits.

(4) The commission may recommend to a member state the removal or suspension any commissioner from office.

(5) A member state’s respiratory therapy licensing authority shall fill any vacancy of its commissioner occurring on the commission within 60 days of the vacancy.

(6) Each commissioner shall be entitled to one vote on all matters before the commission requiring a vote by commissioners.

(7) A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners 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.

(1) Establish and amend the fiscal year of the commission;

(2) establish and amend bylaws and policies, including, but not limited to, a code of conduct and conflict of interest;

(3) establish and amend rules that shall be binding in all member states;

(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 conduct legal proceedings or actions in the name of the commission, except that the standing of any respiratory therapy licensing authority to sue or be sued under applicable law shall not be affected;

(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) 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, receive, utilize and dispose of the same, any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials and services, except that at all times:

(A) The commission shall avoid any appearance of impropriety; and

(B) the commission shall avoid any appearance of 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 or otherwise dispose of any property real, personal or mixed;

(16) establish a budget and make expenditures;

(17) borrow money in a fiscally responsible manner;

(18) appoint committees, including standing committees, composed of commissioners 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) provide and receive information from and cooperate with law enforcement agencies;

(20) establish and elect an executive committee, including a chairperson, vice chairperson, secretary, treasurer and such other offices as the commission shall establish by rule or bylaw;

(21) enter into contracts or arrangements for the management of the affairs of the commission;

(22) 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

(23) perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.

(d) The executive committee:

(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) Overseeing 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) recommending 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;

(D) preparing and recommending the budget;

(E) maintaining financial records on behalf of the commission;

(F) monitoring compact compliance of member states and providing compliance reports to the commission;

(G) establishing additional committees as necessary;

(H) exercising 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) performing other duties as provided in the rules or bylaws of the commission.

(2) The executive committee shall be composed of up to nine members, as further set forth in the bylaws of the commission:

(A) Seven voting members who are elected by the commission from the current membership of the commission; and

(B) two ex officio, nonvoting members.

(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, nonpublic meeting as provided in subsection (f)(4) below;

(B) the executive committee shall give advance 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; and

(e) The commission shall adopt and provide to the member states an annual report.

(f) Meetings of the commission:

(1) All meetings of the commission that are not closed pursuant to paragraph (4) shall be open to the public. Notice of public meetings shall be posted on the commission’s website at least 30 days prior to the public meeting.

(2) Notwithstanding paragraph (1), the commission may convene an emergency public meeting by providing at least 24 hours’ prior notice on the commission’s website and any other means as provided in the commission’s rules, for any of the reasons it may dispense with notice of proposed rulemaking under article 9(g). The commission’s legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.

(3) Notice of all commission meetings shall provide the time, date and location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference or other electronic means, the notice shall include the mechanism for access to the meeting.

(4) The commission or the executive committee may convene in a closed, nonpublic meeting for the commission or executive committee to receive or solicit legal advice or to discuss:

(A) Noncompliance 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 or compact privilege holder by the commission or by a member state’s respiratory therapy 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) legal advice;

(L) matters specifically exempted from disclosure by federal or member state law; or

(M) other matters as promulgated by the commission by rule.

(5) If a meeting or a 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.

(6) The commission shall keep minutes in accordance with commission rules and bylaws. 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.

(g) Financing of the commission:

(1) The commission shall pay or provide for the payment and reasonable expenses of its establishment organization and ongoing activities.

(2) The commission may accept any and all appropriate revenue sources as provided in this compact.

(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 compact privilege to cover the cost of the operations and activities of the commission and its staff. The aggregate annual assessment amount for member states, if any, 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 or a loan adequate to meet such obligations 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 disbursements of funds handled by the commission shall be subject to an 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.

(h) Qualified immunity, defense and indemnification:

(1) The provisions of this compact shall not 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.

(2) The member states, commissioners, officers, executive directors, employees and agents 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, except that nothing in this subsection 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 such person. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted hereunder.

(3) The commission shall defend any commissioner, officer, executive director, employee and agent 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 commission employment, duties or responsibilities or as determined by the commission 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, except that nothing in this compact shall be construed to prohibit such person from retaining their own counsel at their own expense and that the actual or alleged act, error or omission did not result from such person’s intentional or willful or wanton misconduct.

(4) The commission shall indemnify and hold harmless any commissioner, member, officer, executive director, employee and agent of the commission for the amount of any 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 if that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of such person.

(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.

ARTICLE 8 – DATA SYSTEM

(a) The commission shall provide for the development, maintenance, operation and utilization of a coordinated database and reporting system containing licensure, adverse action and the presence of significant investigative information.

(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system as required by the rules of the commission, including, but not limited to:

(1) Identifying information;

(2) licensure data;

(3) adverse actions against a licensee, license applicant or compact privilege holder and information related thereto;

(4) nonconfidential 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 or reasons 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.

(c) A member state shall not submit any information that constitutes criminal history record information, as defined by applicable federal law, to the data system established hereunder.

(d) The records and information provided to a member state pursuant to this compact or through the data system, when certified by the commission or an agent thereof, shall constitute the authenticated business records of the commission and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a member state.

(e) Significant investigative information pertaining to a licensee in any member state shall only be available to other member states.

(f) It shall be 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 shall be available to any other member state.

(g) Member states contributing information to the data system may designate information that shall not be shared with the public without the express permission of the contributing state.

(h) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.

ARTICLE 9 – RULEMAKING

(a) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule shall be invalid and have no force and effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the compact or the powers granted hereunder or based upon another applicable standard of review.

(b) For purposes of the compact, the rules of the commission shall have the force of law in each member state.

(c) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules shall become binding as of the date specified in each rule.

(d) If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.

(e) Rules shall be adopted at a regular or special meeting of the commission.

(f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions and arguments.

(g) Prior to adoption of a proposed rule by the commission and at least 30 days in advance of the meeting where the commission will hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rulemaking:

(1) On the website of the commission or other publicly accessible platform;

(2) to persons who have requested notice of the commission’s notices of proposed rulemaking; and

(3) in such other ways as the commission may specify by rule.

(h) The notice of proposed rulemaking shall include:

(1) The time, date and location of the public hearing where 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;

(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.

(i) All hearings will be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public.

(j) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.

(k) The commission shall, by majority vote of all commissioners, take final action on the proposed rule based on the rulemaking record and the full text of the rule.

(1) The commission may adopt changes to the proposed rule if the changes are consistent with 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.

(3) The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (l), the effective date of the rule shall be not earlier than 30 days after issuing the notice that it adopted or amended the rule.

(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 24 hours’ notice and an opportunity to comment, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible but in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that shall be adopted immediately in order to:

(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.

(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.

(n) A member state’s rulemaking process or procedural requirements shall not apply to the commission. The commission shall have no authority over any member state’s rulemaking process or procedural requirements that do not pertain to the compact.

(o) The provisions of this compact and any rule or regulation of the commission shall not be construed to limit, restrict or in any way reduce the ability of a member state to enact and enforce laws, regulations or other rules related to the practice of respiratory therapy in that state, where those laws, regulations or other rules are not inconsistent with the provisions of this compact.

ARTICLE 10 – OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT

(a) Oversight:

(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) 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. The provisions of this compact shall not 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 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.

(b) Default, technical assistance and termination.

(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.

(c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the commissioners of the member states and all rights, privileges and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default shall not relieve the offending state of obligations or liabilities incurred during the period of default.

(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s respiratory therapy licensing authority and each of the member states’ respiratory therapy licensing authorities.

(e) A state that has been terminated shall be responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination, if necessary.

(f) Upon the termination of a state’s membership from this compact, that state shall immediately provide notice of such termination to all licensees and compact privilege holders, of which the commission has a record, within that state. The terminated state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of such notice of termination.

(g) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact unless agreed upon in writing between the commission and the defaulting state.

(h) The defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.

(i) Dispute resolution:

(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 nonmember states.

(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.

(j) Enforcement:

(1) By majority vote, as may be further provided by rule, the commission may initiate legal action against 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. A member state by enactment of this compact consents to venue and jurisdiction in such court for the purposes set forth in this compact. The relief sought may include both injunctive relief and damages. In the event that judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees. The remedies in this compact 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 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 that judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.

(3) No person other than a member state shall enforce this compact against the commission.

ARTICLE 11 – EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT

(a) Effective date means the date that the compact statute is enacted into law in the seventh member state. The compact shall come into effect on the effective date.

(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.

(A) A charter member state whose enactment is found to be materially different from the model compact shall be entitled to the default process set forth in article 10.

(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 fewer 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 this compact and commission rule to determine if such states’ enactments are materially different from the model compact and whether such states 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. The commission shall own and have all rights to any intellectual property developed on behalf or in furtherance of the commission by individuals or entities involved in organizing or establishing the commission, as may be further set forth in rules of 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 that 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 date that the compact becomes law in that state.

(b) Any member state may withdraw from such compact by enacting a statute repealing the same.

(1) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.

(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s respiratory therapy 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 and compact privilege holders, of which the commission has a record, 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 180 days after the date of such notice of withdrawal.

(c) The provisions of this compact shall not be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.

(d) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

ARTICLE 12 – CONSTRUCTION AND SEVERABILITY

(a) This compact and the commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission’s rulemaking authority solely for those purposes.

(b) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact or of the United States or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.

(c) Notwithstanding subsection (b), the commission may deny a state’s participation in the compact or, in accordance with the requirements of article 10, terminate a member state’s participation in the compact if the commission determines that a constitutional requirement of a member state is a material departure from the compact. If this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

ARTICLE 13 – CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS

(a) Nothing in this compact shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact.

(b) Any laws, statutes, regulations or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict, including any subsequently enacted state laws.

(c) All permissible agreements between the commission and the member states shall be binding in accordance with their terms.

(d) Except as expressly set forth in this compact, nothing in this compact shall impact initial licensure.

Sec. 3. This section shall be known and may be cited as the esthetics licensure compact.

ARTICLE 1—PURPOSE

(a) The purpose of this compact is to facilitate the interstate practice and regulation of esthetics with the goal of improving public access thereto, the safety of esthetics services and reducing barriers related to esthetician licensure. Through this compact the member states seek to establish a regulatory framework that provides for a new multistate licensing program. Through this new licensing program, the member states seek to provide increased value and mobility to licensed estheticians in the member states, while ensuring the provision of safe, effective and reliable services to the public.

(b) This compact is designed to achieve the following objectives, which are ratified by the member states to this compact:

(1) Provide opportunities for interstate practice by estheticians who meet uniform requirements for multistate licensure;

(2) enhance the abilities of member states to protect public health and safety and prevent fraud and unlicensed activity within the profession;

(3) ensure and encourage cooperation between member states in the licensure and regulation of the practice of esthetics;

(4) support relocating military members and their spouses;

(5) facilitate the exchange of information between member states related to the licensure, investigation and discipline of the practice of esthetics; and

(6) provide for the licensure and mobility of the workforce in the profession.

ARTICLE 2—DEFINITIONS

As used in this compact and except as otherwise provided, the following definitions shall apply:

(a) “Active duty military” means any individual in full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve.

(b) “Adverse action” means any administrative, civil, equitable or criminal action permitted by a member state’s laws that is imposed by a licensing authority or other regulatory body against an esthetician, including actions against an individual’s license or authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation of the licensee’s practice or any other encumbrance on a license affecting an individual’s ability to participate in the esthetics industry, including the issuance of a cease and desist order.

(c) “Authorization to practice” means a legal authorization associated with a multistate license permitting the practice of esthetics in that remote state, which shall be subject to the enforcement jurisdiction of the licensing authority in that remote state.

(d) “Alternative program” means a nondisciplinary monitoring or prosecutorial diversion program approved by a member state’s licensing authority.

(e) “Background check” means the submission of information for an applicant for the purpose of obtaining that applicant’s criminal history record information, as further defined in C.F.R. § 20.3(d), from the federal bureau of investigation and the agency responsible for retaining state criminal or disciplinary history in the applicant’s home state.

(f) “Charter member state” means a member state that has enacted legislation to adopt this compact where such legislation predates the effective date of this compact as defined in article 13.

(g) “Commission” means the joint government agency whose membership consists of all states that have enacted this compact, known as the esthetics licensure compact commission, as defined in article 9, and shall operate as an instrumentality of the member states.

(h) “Current significant investigative information” means investigative information that:

(1) A licensing authority, after an inquiry or investigation that complies with a member state’s due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that state’s laws regarding fraud or the practice of esthetics; or

(2) indicates that a licensee has engaged in fraud or represents an immediate threat to public health and safety, regardless of whether the licensee has been notified and has had an opportunity to respond.

(i) “Data system” means a repository of information about licensees, including, but not limited to, license status, investigative information and adverse actions.

(j) “Disqualifying event” means any event that shall disqualify an individual from holding a multistate license under this compact, which the commission may by rule or order specify.

(k) “Encumbered license” means a license in which an adverse action restricts the practice of esthetics by a licensee or in which such adverse action has been reported to the commission.

(l) “Encumbrance” means a revocation or suspension of or any limitation on the full and unrestricted practice of esthetics by a licensing authority.

(m) “Esthetician” means an individual licensed in such individual’s home state to engage in the practice of esthetics as defined in this article.

(n) “Esthetics” means the skin care and services for cosmetic purposes provided by an esthetician in a member state as set forth in the relevant statutes and regulations of a member state. The practice of esthetics occurs in the member state where the client is located at the time of service.

(o) “Executive committee” means a group of delegates elected or appointed to act on behalf of and within the powers granted to them by the commission.

(p) “Home state” means the member state that is a licensee’s primary state of residence and where that licensee holds an active and unencumbered license to practice esthetics.

(q) “Investigative information” means information, records or documents received or generated by a licensing authority pursuant to an investigation or other inquiry.

(r) “Jurisprudence requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of esthetics in a state.

(s) “Licensee” means an individual who currently holds a license from a member state to practice as an esthetician.

(t) “Licensing authority” means a state’s administrative or regulatory body responsible for regulating the practice of esthetics or that is responsible for issuing licenses to estheticians or otherwise overseeing the practice of esthetics in that state.

(u) “Member state” means any state that has adopted this compact.

(v) “Multistate license” means a license issued and subject to the enforcement jurisdiction of the licensing authority in a licensee’s home state that authorizes the practice of esthetics in member states and includes authorizations to practice esthetics in all remote states pursuant to this compact.

(w) “Remote state” means any member state other than the licensee’s home state.

(x) “Rule” means any rule or regulation adopted by the commission under this compact, or an authorized entity, that has the force of law.

(y) “Single-state license” means a license issued by a member state that authorizes the practice of esthetics only within the issuing state and does not include any authorization outside of the issuing state.

(z) “State” means a state, commonwealth, territory or possession of the United States and the District of Columbia.

ARTICLE 3—MEMBER STATE REQUIREMENTS

(a) To be eligible to join this compact and to maintain eligibility as a member state, a state shall:

(1) License estheticians and regulate esthetics;

(2) have a mechanism or entity in place to receive and investigate complaints about licensees practicing in that state;

(3) require that licensees within the state pass a competency examination prior to being licensed to provide esthetics services to the public in that state;

(4) require that licensees satisfy educational or training requirements prior to being licensed to provide esthetics services to the public in that state;

(5) implement procedures for considering one or more of the following categories of information from applicants for licensure: Criminal history, disciplinary history or background check. Such procedures may include the submission of information by applicants for the purpose of obtaining an applicant’s background check as defined in this compact;

(6) participate in the data system, including through the use of unique identifying numbers;

(7) share information related to adverse actions with the commission and other member states, both through the data system and otherwise;

(8) notify the commission and other member states, in compliance with the terms of the compact and rules of the commission, of the existence of investigative information or current significant investigative information in the state’s possession regarding a licensee practicing in that state;

(9) comply with such rules as may be enacted by the commission to administer the compact; and

(10) accept licensees from other member states as established in this compact.

(b) Member states may charge a fee for granting a multistate license to practice esthetics.

(c) Individuals not residing in a member state shall continue to be able to apply for a member state’s single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting a multistate license to provide services in any other member state.

(d) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.

(e) A multistate license issued to a licensee by a home state to a resident of that state shall be recognized by each member state as authorizing a licensee to practice esthetics in each member state.

(f) The commission shall not have the power to define the educational or professional requirements for a license to practice esthetics. The member states shall retain sole jurisdiction over the provision of these requirements.

ARTICLE 4—MULTISTATE LICENSE

(a) To be eligible to apply to their home state’s licensing authority for an initial multistate license under this compact, a licensee shall hold an active and unencumbered single-state license to practice esthetics in their home state.

(b) Upon the receipt of an application for a multistate license, according to the rules of the commission, a member state’s licensing authority shall ascertain whether the applicant meets the requirements for a multistate license under this compact.

(c) If an applicant meets the requirements for a multistate license under this compact and any applicable rules of the commission, the licensing authority in receipt of the application shall, within a reasonable time, grant a multistate license to that applicant and inform all member states of the grant of such multistate license.

(d) A multistate license to practice esthetics issued by a member state’s licensing authority shall be recognized by each member state as authorizing the practice thereof as though that licensee held a single-state license to do so in each member state, subject to the restrictions in this compact.

(e) A multistate license granted pursuant to this compact may be effective for a definite period of time, concurrent with the licensure renewal period in the home state.

(f) To maintain a multistate license under this compact, a licensee shall:

(1) Agree to abide by the rules of the licensing authority and the state scope of practice laws governing the practice of esthetics of any member state where the licensee provides services;

(2) pay all required fees related to the application and process and any other fees that the commission may provide by rule; and

(3) comply with any and all other requirements regarding multistate licenses that the commission may provide by rules.

(g) A licensee practicing in a member state shall be subject to all scope of practice laws governing esthetics services in that state.

(h) The practice of esthetics under a multistate license granted pursuant to this compact shall subject the licensee to the jurisdiction of the licensing authority, the courts and the laws of the member state where the esthetics services are provided.

ARTICLE 5—REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE

(a) A licensee may hold a multistate license, issued by their home state, in only one member state at any given time.

(b) If a licensee changes their home state by moving between two member states:

(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 shall be deactivated and all member states notified in accordance with the applicable rules adopted by the commission;

(3) if required for initial licensure, the new home state may require a background check as specified in the laws of the new home state or compliance with any jurisprudence requirements of the new home state; and

(4) 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.

(c) If a licensee changes their primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, then the licensee shall be subject to the state requirements for the issuance of a single-state license in the new home state.

(e) Nothing in this compact shall interfere with the requirements established by a member state for the issuance of a single-state license.

ARTICLE 6—AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE LICENSING AUTHORITIES

(a) Nothing in this compact, nor any rules or regulation of the commission, shall be construed to limit, restrict or in any way reduce the ability of a member state to enact and enforce laws, rules or regulations related to the practice of esthetics in that state where those laws, rules or regulations are not inconsistent with the provisions of this compact.

(b) Insofar as practicable, a member state’s licensing authority shall cooperate with the commission and with each entity exercising independent regulatory authority over the practice of esthetics according to the provisions of this compact.

(c) Discipline shall be the sole responsibility of the state where esthetics services are provided. Accordingly, each member state’s licensing authority shall be responsible for receiving complaints about individuals practicing esthetics in that state and for communicating all relevant investigative information about any such adverse action to the other member states through the data system in addition to any other methods the commission may require by rule.

ARTICLE 7— ADVERSE ACTIONS

(a) A licensee’s home state shall have exclusive power to impose an adverse action against a licensee’s multistate license issued by the home state.

(b) A home state may take adverse action on a multistate license based on the investigative information, current significant investigative information or adverse action of a remote state.

(1) Take adverse action against a licensee’s authorization to practice esthetics through the multistate license in that member state, except that:

(A) Only the licensee’s home state shall have the power to take adverse action against the multistate license issued by the home state; and

(B) for the purpose of taking an adverse action, the home state’s licensing authority shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine the appropriate action;

(2) issue cease and desist orders or impose an encumbrance on a licensee’s authorization to practice within that member state;

(3) complete any pending investigations of a licensee who changes their primary state of residence during the course of such an investigation. The licensing authority shall also be empowered to report the results of such an investigation to the commission through the data system as described in this compact;

(4) 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 before it. The issuing licensing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses or evidence are located;

(5) if otherwise permitted by state law, recover from the affected licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee; and

(6) take adverse action against the licensee’s authorization to practice in that state based on the factual findings of another remote state.

(d) A licensee’s home state shall complete any pending investigation of an esthetician who changes their primary state of residence while the investigation is pending. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the data system.

(e) If an adverse action is taken by the home state against a licensee’s multistate license, the licensee’s authorization to practice in all other member states shall be deactivated until all encumbrances have been removed from the home state license. All home state disciplinary orders that impose an adverse action against a licensee’s multistate license shall include a statement that the esthetician’s authorization to practice is deactivated in all member states during the pendency of the order.

(f) Nothing in this compact shall override a member state’s authority to accept a licensee’s participation in an alternative program in lieu of adverse action. A licensee’s multistate license shall be suspended for the duration of the licensee’s participation in any alternative program.

(g) Joint investigations.

(1) In addition to the authority granted to a member state by its respective scope of practice laws or other applicable state law, a 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.

ARTICLE 8—ACTIVE DUTY MILITARY AND THEIR SPOUSES

An active duty military service member or their spouse shall designate a home state where the individual has a current license in good standing. The individual or spouse may retain their home state designation during any period of service when that individual is on active duty.

ARTICLE 9—ESTABLISHMENT AND OPERATION OF THE ESTHETICS LICENSURE COMPACT COMMISSION

(a) The compact member states create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the esthetics licensure compact commission. The commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact as set forth in article 13.

(b) Membership, voting and meetings.

(1) Each member state shall have and be limited to one delegate selected by that member state’s licensing authority.

(2) The delegate shall be an administrator of the licensing authority of the member state 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 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 that are voted on by the commission.

(7) 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.

(1) Establish the fiscal year of the commission;

(2) establish code of conduct and conflict of interest policies;

(3) adopt 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 licensing authority to sue or be sued under applicable law shall not be affected;

(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;

(12) as set forth in the commission rules, charge a fee to a licensee for the grant of a multistate license and thereafter, as may be established by commission rule, charge the licensee a multistate license renewal fee for each renewal period. Nothing in this compact shall be construed to prevent a home state from charging a licensee a fee for a multistate license or renewals of a multistate license or a fee for the jurisprudence requirement if the member state imposes such a requirement for the grant of a multistate license;

(13) assess and collect fees;

(14) 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, except that, at all times the commission shall avoid any appearance of impropriety or conflict of interest;

(15) lease, purchase, retain, own, hold, improve or use any property, real, personal or mixed, or any undivided interest therein;

(16) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed;

(17) establish a budget and make expenditures;

(18) borrow money;

(19) appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, consumer representatives and such other interested persons as may be designated in this compact and the bylaws;

(20) provide and receive information from and cooperate with law enforcement agencies;

(21) elect a chair, vice chair, secretary, treasurer and such other officers of the commission as provided in the commission’s bylaws;

(22) establish and elect an executive committee, including a chair and a vice chair;

(23) adopt and provide to the participating states an annual report;

(24) 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

(25) perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.

(d) 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:

(1) Overseeing the day-to-day activities of the administration of the compact, including compliance with the provisions of the compact, the commission’s rules and bylaws and other such duties as deemed necessary;

(2) recommending 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;

(3) ensuring compact administration services are appropriately provided, including by contract;

(4) preparing and recommending the budget;

(5) maintaining financial records on behalf of the commission;

(6) monitoring compact compliance of member states and providing compliance reports to the commission;

(7) establishing additional committees as necessary;

(8) 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

(9) other duties as provided in the rules or bylaws of the commission.

(A) The executive committee shall be composed of up to seven voting members:

(i) The chair and vice chair of the commission and any other members of the commission who serve on the executive committee shall be voting members of the executive committee.

(ii) Other than the chair, vice chair, secretary and treasurer, the commission shall elect three voting members from the current membership of the commission.

(iii) The commission may elect ex officio, nonvoting members from a recognized national organization as approved by the commission. The commission’s bylaws shall identify qualifying organizations and the manner of appointment if the number of organizations seeking to appoint an ex officio member exceeds the number of members specified in this article.

(B) The commission may remove any member of the executive committee as provided in the commission’s bylaws.

(i) Annual executive committee meetings, as well as any executive committee meeting at which it does not take or intend to take formal action on a matter for which a commission vote would otherwise be required, shall be open to the public, except that the executive committee may meet in a closed, non-public session of a public meeting when dealing with any of the matters covered under article 9(f)(4).

(ii) The executive committee shall give five business days advance notice of its public meetings, posted on its website and as determined to provide notice to persons with an interest in the public matters the executive committee intends to address at those meetings.

(D) The executive committee may hold an emergency meeting when acting for the commission to:

(i) Meet an imminent threat to public health, safety or welfare;

(ii) prevent a loss of commission or participating state funds; or

(iii) protect public health and safety.

(e) The commission shall adopt and provide an annual report to the member states.

(f) Meetings of the commission.

(1) All meetings of the commission that are not closed pursuant to this subsection shall be open to the public. Notice of public meetings shall be posted on the commission’s website at least 30 days prior to the public meeting.

(2) Notwithstanding article 9(f)(1), the commission may convene an emergency public meeting by providing at least 24 hours prior notice on the commission’s website and any other means as provided in the commission’s rules, for any of the reasons it may dispense with notice of proposed rulemaking under article 11(l). The commission’s legal counsel shall certify one of the reasons justifying an emergency public meeting has been met.

(3) Notice of all commission meetings shall provide the time, date and location of the meeting and if the meeting is to be held or accessible via telecommunication, video conference or other electronic means, the notice shall include the mechanism for access to the meeting.

(4) The commission may convene in a closed, nonpublic meeting for the commission to discuss:

(A) Noncompliance of a member state with its obligations under the compact;

(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;

(K) legal advice;

(L) matters specifically exempted from disclosure to the public by federal or member state law; or

(M) other matters as adopted by the commission by rule.

(5) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting shall be closed and reference each relevant exempting provision and such reference shall be recorded in the minutes.

(6) 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 therefor, 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.

(g) Financing the commission.

(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 sources of revenue, donations and grants of money, equipment, supplies, materials and services.

(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 shall 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 adopt 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 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. All receipts and disbursements of funds handled by the commission shall be subject to an 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.

(h) Qualified immunity, defense and indemnification.

(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 under this compact.

(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 commission employment, duties or responsibilities or as determined by the commission 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 compact shall be construed to prohibit that person from retaining 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 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 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.

(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the commission.

ARTICLE 10—DATA SYSTEM

(a) The commission shall provide for the development, maintenance, operation and utilization of a coordinated database and reporting system.

(b) The commission shall assign each applicant for a multistate license a unique identifier, as determined by the rules of the commission.

(c) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:

(1) Identifying information;

(2) licensure data;

(3) adverse actions against a license and information related thereto;

(4) nonconfidential information related to alternative program participation, the beginning and ending dates of such participation and other information related to such participation;

(5) any denial of application for licensure and the reason for such denial, excluding the reporting of any criminal history record information where prohibited by law;

(6) the existence of investigative information;

(7) the existence of current significant investigative information; and

(8) other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.

(e) The existence of current significant investigative information and the existence of investigative information pertaining to a licensee in any member state shall only be available to other member states.

(f) It is the responsibility of the member states to monitor the database to determine whether adverse action has been taken against such a licensee or license applicant. Adverse action information pertaining to a licensee or license applicant in any member state shall be available to any other member state.

(g) Member states contributing information to the data system may designate information that shall not be shared with the public without the express permission of the contributing state.

ARTICLE 11— RULEMAKING

(a) The commission shall adopt reasonable rules to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that such rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the compact, the powers granted in this compact or based upon another applicable standard of review.

(b) The rules of the commission shall have the force of law in each member state, provided, however, that where the rules of the commission conflict with the laws of the member state that establish the member state’s scope of practice laws governing the practice of esthetics as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the conflict.

(c) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder. Rules shall become binding as of the date specified by the commission for each rule.

(d) If a majority of the legislatures of the member states rejects a rule or portion of a rule by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rules, then such rules shall have no further force and effect in any member state or to any state applying to participate in the compact.

(e) Rules shall be adopted at a regular or special meeting of the commission.

(f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions and arguments.

(g) Prior to adoption of a proposed rule by the commission and at least 30 days in advance of the meeting where the commission will hold a public hearing on the proposed rules, the commission shall provide a notice of proposed rulemaking:

(1) On the website of the commission or other publicly accessible platform;

(2) to persons who have requested notice of the commission’s notices of proposed rulemaking; and

(3) in such other ways as the commission may specify by rule.

(h) The notice of proposed rulemaking shall include:

(1) The time, date and location of the public hearing where the commission will hear public comments on the proposed rules and, if different, the time, date and location of the meeting where the commission will consider and vote on the proposed rules;

(3) the text of the proposed rules and the reason therefor;

(4) a request for comments on the proposed rules from any interested person; and

(5) the manner in which interested persons may submit written comments.

(i) All hearings shall be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public.

(j) Nothing in this article shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this article.

(k) The commission shall, by majority vote of all members, take final action on the proposed rules based on the rulemaking record and the full text of the rules.

(1) The commission may adopt changes to the proposed rules provided the changes do not enlarge the original purpose of the proposed rules.

(2) The commission shall provide an explanation of the reasons for substantive changes made to the proposed rules as well as reasons for substantive changes not made that were recommended by commenters.

(3) The commission shall determine a reasonable effective date for the rules. Except for an emergency as provided in subsection (l), the effective date of the rules shall not be earlier than 45 days after the commission adopted or amended the rules.

(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with five days’ notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the compact and in this article shall be retroactively applied to the rules as soon as reasonably possible, in no event later than 90 days after the effective date of the rules. For the purposes of this provision, an emergency rule is one that shall be adopted immediately to:

(1) Meet an imminent threat to public health, safety or welfare;

(2) prevent the loss of commission or member state funds;

(3) meet a deadline for the adoption of a rule that is established by federal law or rule; or

(4) protect public health and safety.

(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision shall not take effect without the approval of the commission.

(n) No member state’s rulemaking requirements shall apply under this compact.

ARTICLE 12—OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT

(a) Oversight.

(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) 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 in this compact 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 adopted rules.

(b) Default, technical assistance and termination.

(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted 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.

(3) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

(4) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s licensing authority and each of the member state’s licensing authority.

(5) A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

(6) Upon the termination of a state’s membership from this compact, that state shall immediately provide notice to all licensees who hold a multistate license within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of such notice of termination.

(7) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.

(8) The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.

(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 nonmember states.

(2) The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

(d) Enforcement.

(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and the commission’s rules.

(2) By majority vote as provided by commission rules, the commission may initiate legal action against 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 adopted rules. The relief sought may include both injunctive relief and damages. In the event that judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees. The remedies in this compact 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 laws.

(3) A member state may initiate legal action against the commission 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 adopted 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 fees.

(4) No individual or entity other than a member state shall enforce this compact against the commission.

ARTICLE 13—EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT

(a) The compact shall come into effect on the date when the compact statute is enacted into law in the seventh member state. On or after the effective date of the compact, the commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each such charter member state is materially different than the model compact statute.

(1) 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 article 12.

(2) 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.

(3) Member states enacting the compact after the charter member states shall be subject to the process set forth in article 9(c)(21) to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in this compact.

(4) 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 actions of the commission unless specifically repudiated by the commission.

(5) Any state that joins the compact shall be subject to the commission’s rules and bylaws as they exist on the date that the compact becomes law in that state. Any rules that have 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.

(b) Any member state may withdraw from this compact by enacting a statute repealing that state’s enactment of the compact.

(1) A member state’s withdrawal shall not take effect until 180 days after the enactment of the repealing statute.

(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 days after the date of such notice of withdrawal.

(c) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.

(d) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

ARTICLE 14—CONSTRUCTION AND SEVERABILITY

(a) This compact and the commission’s rulemaking authority shall be liberally construed to effectuate the purposes and the implementation and administration of the compact. The provisions of the compact expressly authorizing or requiring the adoption of rules shall not be construed to limit the commission’s rulemaking authority solely for those purposes.

(b) The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact or the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.

(c) Notwithstanding article 14(b), the commission may deny a state’s participation in the compact or, in accordance with the requirements of article 12, terminate a member state’s participation in the compact if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

ARTICLE 15—CONSISTENT EFFECT AND conflict WITH OTHER STATE LAWS

(a) Nothing in this compact shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact.

(b) Any laws, statutes, rules and regulations or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict.

(d) The purpose of this compact is to facilitate multistate licensure for estheticians. Nothing in this compact shall subject a member state to any laws, regulations, rules or policies from any other member state beyond the intended purpose of this compact.

(e) Nothing in this compact shall require any member state to adopt additional laws, regulations, rules or policies beyond the intended purpose of this compact.

Sec. 4. This section shall be known and may be cited as the athletic trainer licensure compact.

ARTICLE 1—PURPOSE

(a) The purpose of this compact is to expand mobility of athletic training practice and improve public access to services by providing athletic trainers licensed in a member state the ability to practice in other member states. This compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure, while also providing for expanded interstate mobility through a compact privilege granted to qualifying professionals.

(b) This compact is designed to achieve the following objectives:

(1) Increase public access to athletic training by providing for the mutual recognition of other member state licenses;

(2) provide opportunities for interstate practice by licensed athletic trainers who meet uniform licensure requirements;

(3) promote mobility and workforce development by eliminating the necessity for licenses in multiple states by providing for the mutual recognition of other member state licenses;

(4) reduce administrative burden on applicants and member states;

(5) enhance the states’ ability to protect the public’s health and safety;

(6) encourage the cooperation of member states in regulating multistate practice of licensed athletic trainers;

(7) support relocating active military and their spouses;

(8) enhance the exchange of licensure, investigative and disciplinary information among member states;

(9) support the uniformity of licensed athletic trainer licensure requirements throughout the states;

(10) affirm the authority of all member states to hold a licensed athletic trainer accountable for meeting all state practice laws in the state where the patient is located at the time care is rendered to allow for continuity of competent care through the mutual recognition of member state licenses; and

(11) adhere to the substantive language in the model compact language in order to promote uniformity and ensure that all member states have accepted and are mutually obligated to the same terms.

ARTICLE 2—DEFINITIONS

As used in this compact:

(a) “Active military member” means any individual with full-time duty status in the active armed forces of the United States, including members of the national guard and reserve.

(b) “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 licensee, including actions against an individual’s license or compact privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice or any other encumbrance on licensure affecting a licensee’s authorization to practice.

(c) “Alternative program” means a non-disciplinary monitoring or practice remediation process applicable to an athletic trainer approved by a state licensing authority of a member state in which the athletic trainer is licensed. This includes, but is not limited to, programs to which licensees with substance use, addiction or mental health conditions are referred in lieu of adverse action.

(d) “Athletic training” means the prevention, examination, assessment, treatment and rehabilitation of emergent, acute or chronic injuries and medical conditions as defined by applicable member state laws and regulations.

(e) “Athletic training compact commission” or “commission” means the government agency whose membership consists of all states that have enacted this compact, which is known as the athletic trainer licensure compact commission, as described herein, and which shall operate as an instrumentality of the member states to administer and implement the compact according to its terms.

(f) “BOC” means the board of certification, inc. or any successor organization thereto.

(g) “CAATE” means the commission on accreditation of athletic training education or any successor organization thereto.

(h) “Charter member state” means any member state which enacted this compact by law before the effective date specified in this compact.

(i) “Commissioner” means the individual appointed by a member state to serve as the member of the commission for that member state.

(j) “Compact” means this athletic trainer compact.

(k) “Compact privilege” means the authorization granted by a remote state, equivalent to a license, allowing a licensee from another member state to provide athletic training services in a remote state.

(l) “Compact qualifying license” means a license that is not an encumbered license issued by a member state to practice athletic training that qualifies the licensee to exercise a compact privilege pursuant to article 4 of this compact.

(m) “Continuing competence” means a requirement, as a condition of license renewal, to provide evidence of successful participation, and completion of, educational and professional activities relevant to practice or area of work. for purposes of this compact, evidence of active BOC certification may satisfy the meaning of continuing competence as set forth in this compact.

(n) “Current significant investigative information” means:

(1) Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the subject licensee to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

(2) investigative information that indicates that the subject licensee represents an immediate threat to public health and safety, regardless of whether the subject licensee has been notified and had an opportunity to respond.

(o) “Criminal background check” means the submission of fingerprints or other biometric-based information for a license applicant for the purpose of obtaining that applicant’s criminal history record information, as defined in 28 C.F.R. § 20.3(d) from the federal bureau of investigation and the state’s criminal history record repository as defined in 28 C.F.R. § 20.3(f).

(p) “Data system” means the commission’s repository of information about licensees, including, but not limited to, examination, licensure, investigative, compact privilege, adverse action and alternative program.

(q) “Encumbrance” or “encumbered” means a revocation or suspension of, or any limitation or condition on, the full and unrestricted practice of athletic training licensed and regulated by a licensing authority.

(r) “Executive committee” means a group of commissioners elected or appointed to act on behalf of and within the powers granted to them by the compact and the commission.

(s) “Investigative information” means information, records and documents received or generated by a licensing authority pursuant to an investigation.

(t) “Jurisprudence requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of athletic training, as applicable, in a state.

(u) “License” means current authorization by a member state to engage in the practice of athletic training.

(v) “Licensee” or “licensed athletic trainer” means an individual who currently holds an active, unrestricted license and who meets all of the requirements outlined in article 4 of this compact.

(w) “Licensing authority” means the board or agency of a state, or equivalent, that is responsible for the licensing and regulation of athletic trainers.

(x) “Model compact language” means the model language for the athletic trainer compact on file with the council of state governments or other entity as designated by the commission to which all member states shall substantively adhere and adopt.

(y) “Member state” means a state that has enacted the compact.

(z) “Remote state” means a member state other than the state of qualifying licensure.

(aa) “Rule” means a regulation adopted by an entity that has the force of law.

(bb) “Scope of practice” means the procedures, actions and processes an athletic trainer licensed in a state is permitted to undertake in that state and the circumstances under which the licensee is permitted to undertake those procedures, actions and processes. Such procedures, actions and processes and the circumstances under which they may be undertaken may be established through means, including, but not limited to, statute, regulations, case law and other processes available to the state licensing authority or other government agency. “Scope of practice” includes any state requirements regarding supervision or direction, if required by such state and as further defined by such state’s statutes and regulations.

(cc) “Single state license” means a license issued by any state that authorizes practice only within the issuing state.

(dd) “State” means any state, commonwealth, district or territory of the United States of America.

(ee) “State of qualifying licensure” means the member state that has issued a compact qualifying license to a licensee.

(ff) “Unencumbered license” means a license that authorizes a licensee to engage in the full and unrestricted practice of athletic training.

ARTICLE 3—STATE PARTICIPATION IN THE COMPACT

(a) To be eligible to join this compact and to maintain eligibility as a member state, a state shall:

(1) Enact and maintain a statute that is not materially different from the model compact language;

(2) license and regulate the practice of athletic training;

(3) require that licensees in that state maintain continuing competence standards as part of their state practice act or rules;

(4) have a mechanism in place for receiving and investigating complaints about licensees;

(5) grant the compact privilege to a licensee who meets all the requirements outlined in article 4 in accordance with the terms of the compact and any rules adopted under this compact;

(6) participate fully in the compact commission’s data system, including using the unique identifier as defined in rules;

(7) notify the compact 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;

(8) within a time frame established by rule, implement or utilize procedures for considering the criminal history records of applicants for a compact qualifying license, which includes receiving the results of the federal bureau of investigation record search and shall use those results in making licensure decisions. These 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:

(A) Fully implement a criminal background check requirement, in order to participate in the issuance and acceptance of compact privileges; and

(B) communication between a member state and the compact commission or among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the federal bureau of investigation relating to a federal criminal records check performed by a member state; and

(9) comply with and enforce the rules of the compact commission.

(b) Member states may set and collect a fee for issuance and renewal of a compact privilege to applicants.

(c) Individuals without a compact qualifying license shall continue to be able to apply for a member state’s single state license as provided under the laws of each member state.

(d) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.

(e) A compact qualifying license issued to a licensee by a member state shall be recognized by each remote state as authorizing that licensee to engage in the practice of athletic training, under a compact privilege, in another member state in accordance with the requirements in article 4.

ARTICLE 4—COMPACT PRIVILEGE

(a) To be eligible for a compact privilege under the terms and provisions of the compact, the licensee shall complete a criminal background check performed by the licensing authority in the state of qualifying licensure prior to entry in the compact and shall:

(1) Satisfy one of the two following pathways:

(A) Hold a valid, current and active certification through the BOC or its successor organization; or

(B) if a licensee does not meet the requirements of subparagraph (A), complete all of the following:

(i) An education program that is:

(a) at least a bachelor’s degree with a major course of study in athletic training or an equivalent course of study from a college or university accredited at the time of graduation by CAATE or its successor organization;

(b) an academic degree from a college or university in a foreign country equivalent to the degree described in subclause (a) with a major course of study as described in subclause (a) that is accredited by CAATE or its successor organization; or

(ii) successful completion of the comprehensive exam administered by the BOC or its successor organization preceding the date of the licensee’s application for licensure in the licensee’s state of qualifying licensure, or the substantial equivalent of the foregoing requirement, which the commission may determine by rule;

(2) hold a compact qualifying license;

(3) have not had any encumbrance or restriction against any license or compact privilege to practice athletic training within the previous two years;

(4) be eligible for a compact privilege in any member state in accordance with article 4;

(5) notify the compact commission that the licensee is seeking the compact privilege within a remote state;

(6) pay any applicable fees, including any state fee, for the compact privilege;

(7) meet any continuing competence requirements established by the state of qualifying licensure;

(8) comply with any requirements of the state of qualifying licensure as set forth in article 3;

(9) meet any jurisprudence requirements established by the remote state where the licensee is seeking a compact privilege; and

(10) report to the compact commission any adverse action, encumbrance or restriction on a license taken by any non-member state within 30 days from the date that the action is taken.

(b) The compact privilege is valid until the expiration date of the compact qualifying license. To maintain a compact privilege, renewal of the compact privilege shall be congruent with the renewal of the compact qualifying license as the compact commission may define by rule. The licensee shall comply with the requirements of this article to maintain the compact privilege in the remote state. A licensee may apply for and hold compact privileges in multiple member states.

(c) A licensed athletic trainer shall follow the scope of practice of the member state where the patient is located. A licensee engaging in the practice of athletic training in a remote state under the compact privilege shall adhere to the scope of practice laws and regulations of the remote state. Licensees shall be responsible for educating themselves on and complying with any and all state laws relating to the remote practice of athletic training, as applicable.

(d) A licensee engaging in the practice of athletic training in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens. Any member state which undertakes such an action shall promptly notify the member state and the commission as specified in the rules. The licensee may be deemed to be ineligible to exercise the compact privilege by any member state until the specific time for removal has passed and all fines are paid.

(e) All member state disciplinary orders that impose adverse action against a compact qualifying licensee shall result in deactivation of the licensee’s compact privilege in all member states during the pendency of the order. If a compact qualifying license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:

(1) The compact qualifying license is no longer encumbered; and

(2) the licensee has not had any encumbrance or restriction against any license, compact qualifying license or compact privilege within the previous two years.

(f) Once an encumbered license is restored to good standing as a compact qualifying license as certified by the licensing authority, the licensee shall meet the requirements of this article to obtain a compact privilege in any remote state.

(g) If a licensee’s compact privilege in any remote state is removed, that licensee may also lose the compact privilege in other remote states, as each member state shall determine in its sole authority, until the following occur:

(1) The specific period of time for which the compact privilege was removed has ended;

(2) all fines have been paid; and

(3) have not had any encumbrance or restriction against any license or compact privilege within the previous two years.

(h) Once the requirements of article 4(g) have been met, the licensee shall meet the requirements in article 4(a) to obtain a compact privilege in a remote state.

ARTICLE 5—COMPACT QUALIFYING LICENSE

(a) A licensee may hold only one compact qualifying license at a time. The procedures for such designation may be further defined by the compact commission by rule.

(b) Nothing in this article shall require that the state of qualifying licensure be the state of primary residence or state of primary practice for the licensee.

(d) Nothing in this compact shall affect the requirements established by a member state for the issuance of a license other than a compact qualifying license.

ARTICLE 6—ACTIVE MILITARY MEMBERS OR THEIR SPOUSES

An active military member or their spouse shall not be required to pay to the commission for a compact privilege. If a member state chooses to charge a member state fee, it may choose to charge a reduced fee or no fee to an active military member or such military member’s spouse for a compact privilege.

ARTICLE 7—ADVERSE ACTIONS

(a) A member state in which a licensee is issued a compact qualifying license shall have the exclusive authority to impose adverse action against the compact qualifying license issued by that member state.

(b) A member state may take adverse action based on current significant investigative information of a remote state, so long as the member state follows its own procedures for imposing adverse action.

(d) A remote state shall have the authority to:

(1) Take adverse action as set forth in this compact against a licensee’s compact privilege in that state; and

(2) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.

(A) Subpoenas may be issued by a member state athletic training licensing authority for the attendance and testimony of witnesses and the production of evidence.

(B) A member state that issues a subpoena may request service of that subpoena by another member state. The member state receiving the request to serve a subpoena shall serve the subpoena if it is deemed enforceable by a court of competent jurisdiction according to the practice and procedure in the receiving member state.

(C) The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses or evidence are located.

(e) For the purposes of taking adverse action, a member state shall give the same priority and effect to reported conduct received from another member state as it would if the conduct had occurred within that state. In so doing, the investigating member state shall apply its own state laws to determine appropriate action.

(f) A member state, if otherwise permitted by state law, may recover from the affected licensee the costs of investigations and dispositions of cases resulting from any adverse action taken against that licensee.

(g) Joint investigations.

(1) In addition to the authority granted to a member state by its respective state law, any member state may participate with other member states in joint investigations of licensees.

(2) Member states shall share any current significant investigative information, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact. In sharing such information between member state athletic trainer licensing authorities, all information obtained shall be kept confidential except as otherwise mutually agreed upon by the sharing and receiving member state.

(3) A remote state may issue subpoenas on behalf of a member state for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.

(h) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify all member states of any adverse actions by remote states.

(i) Nothing in this compact shall permit a member state to take any adverse action against a licensee or holder of a compact privilege for conduct or practice occurring in another member state that was legal in the member state at the time it was undertaken.

ARTICLE 8—ESTABLISHMENT AND OPERATION OF THE COMMISSION

(a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the athletic trainer licensure compact commission. The compact commission is an instrumentality of the member states acting jointly and not an instrumentality of any one state. The compact commission shall come into existence on or after the effective date of the compact as set forth in article 12.

(b) Membership, voting and meetings.

(1) Each member state shall have and be limited to one commissioner, selected by that member state’s licensing authority within 60 days of the member state’s effective date.

(2) The commissioner shall be an administrator or their designated staff or current board member of the licensing authority.

(3) The compact commission may recommend removal or suspension of any commissioner from office.

(4) A member state’s licensing authority shall fill any vacancy of its commissioner occurring on the compact commission within 60 days of the vacancy.

(5) Each commissioner shall be entitled to one vote on all matters before the compact commission requiring a vote by the commissioners.

(6) The compact commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners to meet by telecommunication, video conference or other similar electronic means.

(1) Adopt and amend rules and bylaws;

(2) establish a code of conduct, confidentiality and conflict of interest policies for commissioners;

(3) establish the fiscal year of the compact commission;

(4) maintain its financial records in accordance with the bylaws;

(5) purchase and maintain insurance and insurance bonds;

(6) accept or contract for services of personnel, including, but not limited to, employees of a member state;

(7) conduct a financial review or audit;

(8) 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 compact commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;

(9) enter into contracts or arrangements for the management of the affairs of the commission;

(10) assess and collect fees;

(11) 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, except that at all times the compact commission shall avoid any appearance of impropriety or conflict of interest;

(12) lease, purchase, retain, own, hold, improve, invest or use any property, whether real, personal or mixed, or any undivided interest therein;

(13) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed;

(14) establish a budget and make expenditures;

(15) borrow and invest money;

(16) meet and take such actions as are consistent with the provisions of this compact, the compact commission’s rules and the bylaws;

(17) initiate and conclude legal proceedings or actions in the name of the compact commission, except that the standing of any licensing authority to sue or be sued under applicable law shall not be affected;

(18) maintain and certify records and information provided to a member state as the authenticated business records of the compact commission and designate an agent to do so on the compact commission’s behalf;

(19) provide and receive information from and cooperate with law enforcement agencies;

(20) 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;

(21) establish and elect an executive committee, including a chairperson and vice chairperson, secretary, treasurer and such other offices as the commission shall establish by rule or bylaw;

(22) appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, consumer representatives and such other interested persons as may be designated in this compact and the bylaws; and

(23) perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.

(d) The executive committee.

(1) The executive committee shall have the power to act on behalf of the compact commission according to the terms of this compact. The powers, duties and responsibilities of the executive committee shall include:

(A) Exercise the powers and duties of the compact commission during the interim between compact commission meetings, except for adopting or amending rules, adopting or amending bylaws and exercising any other powers and duties expressly reserved to the compact commission by rule or bylaw;

(B) 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;

(C) recommend to the compact 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;

(D) ensure compact administration services are appropriately provided, including by contract;

(E) prepare and recommend the budget;

(F) maintain financial records on behalf of the compact commission;

(G) monitor compact compliance of member states and provide compliance reports to the compact commission;

(H) establish additional committees as necessary; and

(I) other duties as provided in the rules or bylaws of the compact commission.

(2) The executive committee shall be composed of five voting members elected by the compact commission:

(A) The chair and vice chair of the compact commission shall be voting members of the executive committee;

(B) the compact commission shall elect up to three additional voting members from the current membership of the compact commission to include the offices of treasurer, secretary and one member-at-large; and

(e) The compact commission may remove any member of the executive committee as provided in the compact commission’s bylaws.

(1) The executive committee shall meet at least annually. 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 this article.

(A) The executive committee shall give advance notice of its meetings, posted on its website and as determined by rule or bylaw to provide notice to persons with an interest in the business of the compact commission.

(B) The executive committee may hold a special meeting in accordance with this article.

(f) The compact commission shall adopt and provide to the member states an annual report.

(g) Meetings of the compact commission.

(1) All meetings shall be open to the public, except that the compact commission may meet in a closed, non-public meeting as provided in this article.

(2) Public notice for all meetings of the full compact commission of meetings shall be given in the same manner as required under the rulemaking provisions in this compact, except that the compact commission may hold a special meeting as provided in this article.

(3) The compact commission may hold a special meeting when it must meet to conduct emergency business by giving 24 hours’ notice to all commissioners, on the compact commission’s website and other means as provided in the compact commission’s rules. The compact commission’s legal counsel shall certify that the compact commission’s need to meet qualifies as an emergency.

(4) The compact commission or the executive committee or other committees of the compact commission may convene in a closed, non-public meeting for the compact commission or executive committee or other committees of the compact 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;

(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 compact 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 specified in rules of the compact commission.

(5) If a meeting or portion of a meeting is closed, the compact commission’s legal counsel or designee shall certify that the meeting will be closed and reference each relevant exempting provision and such reference shall be recorded in the minutes.

All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the compact commission or order of a court of competent jurisdiction.

(h) Financing of the compact commission.

(1) The compact commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

(2) The compact commission may accept any and all appropriate revenue sources as provided in this article.

(3) The compact 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 compact privilege to cover the cost of the operations and activities of the compact commission and its staff, which shall 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 compact commission shall adopt by rule.

(4) The compact commission shall not incur obligations of any kind prior to securing the funds or a loan adequate to meet the same, nor shall the compact commission pledge the credit of any of the member states, except by and with the authority of the member state.

(5) The compact commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the compact commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the compact commission shall be subject to an annual financial review or audit by a certified or licensed public accountant, and the report of the financial review or audit shall be included in and become part of the annual report of the compact commission.

(i) Qualified immunity, defense and indemnification.

(1) The members, officers, executive director, employees and representatives of the compact 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 compact 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 compact commission shall not in any way compromise or limit the immunity granted under this compact.

(2) The compact commission shall defend any member, officer, executive director, employee and representative of the compact 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 compact commission employment, duties or responsibilities or as determined by the compact commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of compact commission employment, duties or responsibilities; provided that this compact shall not be construed to prohibit that person from retaining 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 compact commission shall indemnify and hold harmless any member, officer, executive director, employee and representative of the compact commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of compact commission employment, duties or responsibilities or that such person had a reasonable basis for believing occurred within the scope of compact 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 in this compact 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.

(6) This compact shall not be construed to be a waiver of sovereign immunity by the member states or by the compact commission.

ARTICLE 9—DATA SYSTEMS

(a) The commission shall provide for the development, maintenance, operation and utilization of a coordinated database and reporting system containing licensure, compact privileges, adverse action and the presence of current significant investigative information on all licensees and applicants for a license in member states.

(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all licensees, applicants and others to whom this compact is applicable as required by the rules of the compact commission, including:

(1) Identifying information;

(2) licensure data;

(3) adverse actions against a licensee, license applicant or compact privilege 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 an application for licensure and the reason for such denial, excluding the reporting of any criminal history record information where prohibited by law;

(6) a binary determination regarding 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.

(c) The records and information provided to a member state pursuant to this compact or through the data system, when certified by the commission or an agent thereof, shall constitute the authenticated business records of the commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a member state.

(d) Current significant investigative information pertaining to a licensee in any member state shall only be available to other member states.

(e) It is the responsibility of the member states to monitor the data system to determine whether adverse action has been taken against a licensee or license applicant. Adverse action information pertaining to a licensee or license applicant in any member state shall be available to any other member state.

(f) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

(g) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.

ARTICLE 10—RULEMAKING

(a) The compact commission shall adopt reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the compact commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon another applicable standard of review.

(b) The rules of the compact commission shall have the force of law in each member state, provided, however, that where the rules conflict with the laws or regulations of a member state that relate to the scope of practice that a licensed athletic trainer is permitted to undertake in that state and the circumstances under which they may do so, as held by a court of competent jurisdiction, the rules of the compact commission shall be ineffective in that state to the extent of the conflict.

(c) The compact commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder. Rules shall become binding on the day following adoption or as of the date specified in the rule or amendment, whichever is later.

(d) If a majority of the legislatures of the member states rejects a rule or portion of a rule by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.

(e) Rules shall be adopted at a regular or special meeting of the compact commission.

(f) Prior to adoption of a proposed rule, the compact commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions and arguments.

(g) Prior to adoption of a proposed rule by the compact commission and at least 30 days in advance of the meeting at which the compact commission will hold a public hearing on the proposed rule, the compact commission shall provide a notice of proposed rulemaking:

(1) On the website of the compact commission or other publicly accessible platform;

(2) to persons who have requested notice of the compact commission’s notices of proposed rulemaking; and

(3) in such other way as the compact commission may by rule specify.

(h) The notice of proposed rulemaking shall include:

(1) The time, date and location of the public hearing at which the compact commission shall hear public comments on the proposed rule and, if different, the time, date and location of the meeting where the compact commission shall consider and vote on the proposed rule;

(2) if the hearing is held via telecommunication, video conference or other electronic means, the compact commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking;

(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 where interested persons may submit written comments.

(i) All hearings shall be recorded. A copy of the recording and all written comments and documents received by the compact commission in response to the proposed rule shall be available to the public.

(j) Nothing in this article shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the compact commission at hearings required by this article.

(k) The compact commission shall, by majority vote of all members, take final action on the proposed rule based on the rulemaking record and the full text of the rule.

(1) The compact commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.

(2) The compact 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.

(3) The compact commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in article 10(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.

(l) Upon determination that an emergency exists, the compact commission may consider and adopt an emergency rule with 24 hours’ notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the compact and in this article shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that shall be adopted immediately in order to:

(1) Meet an imminent threat to public health, safety or welfare;

(2) prevent a loss of compact 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.

(m) The compact commission or an authorized committee of the compact commission shall direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the compact commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the compact commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision shall not take effect without the approval of the compact commission.

(n) No member state’s rulemaking requirements shall apply under this compact.

ARTICLE 11—OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT

(a) Oversight.

(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 compact commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the compact commission is located. The compact commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. This compact shall not 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 compact 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 compact commission service of process shall render a judgment or order void as to the compact commission, this compact or adopted rules.

(b) Default, technical assistance and termination.

(1) If the compact commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted 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 compact commission may take, and shall offer training and specific technical assistance regarding the default.

(2) The compact commission shall provide a copy of the notice of default to the other member states.

(c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the commissioners of the member states, and all rights, privileges and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the compact commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s licensing authority and each of the member states’ licensing authority.

(e) A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

(f) Upon the termination of a state’s membership from this compact, that state shall immediately provide notice to all licensees within that state of such termination. The terminated state shall continue to recognize all licenses and compact privileges granted pursuant to this compact for a minimum of 180 days after the date of such notice of termination.

(g) The compact commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the compact commission and the defaulting state.

(h) The defaulting state may appeal the action of the compact commission by petitioning the United States District Court for the District of Columbia or the federal district where the compact commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.

(i) Dispute resolution.

(1) Upon request by a member state, the compact commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.

(2) The compact commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

(j) Enforcement.

(1) By a ²/₃ majority vote, the compact commission may initiate legal action against a member state in default in the United States District Court for the District of Columbia or the federal district where the compact commission has its principal offices to enforce compliance with the provisions of the compact and its adopted rules. The relief sought may include both injunctive relief and damages. In the event that judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees. The remedies in this compact shall not be the exclusive remedies of the compact commission. The compact 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 compact commission in the United States District Court for the District of Columbia or the federal district where the compact commission has its principal offices to enforce compliance with the provisions of the compact and its adopted 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 fees.

(3) No person other than a member state shall enforce this compact against the compact commission.

ARTICLE 12—EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT

(a) The compact shall come into effect on the date when the compact statute is enacted into law in the seventh member state.

(1) On or after the effective date of the compact, the compact commission shall convene and review the enactment of each of the first seven member states or 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 language shall be entitled to the default process set forth in article 11.

(B) If any member state is later found to be in default, is terminated or withdraws from the compact, the compact commission shall remain in existence and the compact shall remain in effect, even if the number of member states should be fewer 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 this article 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 compact commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the compact commission coming into existence shall be considered to be actions of the compact commission unless specifically repudiated by the compact commission.

(4) Any state that joins the compact subsequent to the compact 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 compact commission shall have the full force and effect of law on the day the compact becomes law in that state.

(b) Any member state may withdraw from this compact by enacting a statute repealing the same.

(1) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.

(3) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of such withdrawal to all licensees and privilege holders within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all compact privileges granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.

(A) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.

(B) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

ARTICLE 13—CONSTRUCTION AND SEVERABILITY

(a) This compact and the compact commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the compact commission’s rulemaking authority only for those purposes.

(b) The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.

(c) Notwithstanding the foregoing, the compact commission may deny a state’s participation in the compact or terminate a member state’s participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

ARTICLE 14—CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS

(a) This compact shall not prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact.

(b) Any laws, statutes, regulations or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict.

(c) All permissible agreements between the compact commission and the member states are binding in accordance with their terms.

Sec. 5. This act shall take effect and be in force from and after its publication in the Kansas register.

Doc. No. 054138