Athletic Trainers; interstate licensure compact, established

HB275 INTRODUCED
Page 0
HB275
5V1JQ3M-1
By Representatives Mooney, Baker, Gray, Tillman
RFD: Boards, Agencies and Commissions
First Read: 15-Jan-26
1
2
3
4
5
5V1JQ3M-1 01/12/2026 GED (L)ma 2026-33
Page 1
First Read: 15-Jan-26
SYNOPSIS:
This bill would adopt the Athletic Trainer
Compact as a means of providing uniformity in licensing
requirements and interstate practice throughout member
states.
This bill would establish requirements and
obligations for participation in this compact.
This bill would provide for disciplinary actions
and joint investigation procedures.
This bill would establish and provide for the
operation of the Athletic Trainer Compact Commission.
This bill would also provide for the management,
implementation, and enforcement of the compact among
member states.
A BILL
TO BE ENTITLED
AN ACT
Relating to athletic trainers; to adopt the Athletic
Trainer Compact as Article 3 of Chapter 40 of Title 34, Code
of Alabama 1975; to allow licensed athletic trainers to
practice among compact states; to establish requirements and
obligations for participation in the compact; to provide for
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
HB275 INTRODUCED
Page 2
obligations for participation in the compact; to provide for
disciplinary actions and joint investigation procedures; and
to establish and provide for the operation of the Athletic
Trainer Compact Commission and enforcement of the compact
among member states.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Article 3, commencing with Section 34-40-60,
is added to Chapter 40 of Title 34, Code of Alabama 1975, to
read as follows:
Article 3 ATHLETIC TRAINER COMPACT
§34-40-60 Title and purpose.
(a) This article shall be known and cited as the
Athletic Trainer Compact. The purposes of this compact are to
expand mobility of athletic training practice and improve
public access to services by providing qualified licensed
athletic trainers 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.
(b) This compact is designed to achieve the following
objectives:
(1) Increase public access to athletic training and
enhance continuity of care by providing for the mutual
recognition of other licenses issued by member states.
(2) Provide an additional streamlined opportunity for
interstate practice by licensed athletic trainers who meet
compact uniform requirements.
(3) Promote mobility and workforce development by
eliminating the necessity for licenses in multiple states by
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
HB275 INTRODUCED
Page 3
eliminating the necessity for licenses in multiple states by
providing for the mutual recognition of other licenses issued
by member states.
(4) Reduce administrative burdens on licensed athletic
trainers 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 interstate practice of licensed athletic trainers.
(7) Support relocating active military members and
their spouses.
(8) Enhance the exchange of licensure, investigative,
and disciplinary information among member states.
(9) Allow for the use of telehealth to facilitate
increased access to athletic training services.
(10) Support the uniformity of licensed athletic
trainer licensure requirements throughout the states.
(11) Affirm the authority of all member states to hold
a licensed athletic trainer accountable for abiding by the
scope of practice in the state in which the patient is located
at the time of care.
(12) Require adherence to 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.
§34-40-61 Definitions.
As used in this compact, unless the context requires
otherwise, the following terms have the following meanings:
(1) ACTIVE MILITARY MEMBER. Any individual with
full-time duty status in the active Armed Forces of the United
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
HB275 INTRODUCED
Page 4
full-time duty status in the active Armed Forces of the United
States, including members of the National Guard and Reserve.
(2) ADVERSE ACTION. Any administrative, civil,
equitable, or criminal action permitted by a state's laws
which 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.
(3) ALTERNATIVE PROGRAM. A nondisciplinary 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.
(4) ATHLETIC TRAINER COMPACT COMMISSION or COMPACT
COMMISSION. The government agency whose membership consists of
all states that have enacted this compact, as described in
this compact and which shall operate as an instrumentality of
the member states to administer and implement the compact
according to its terms.
(5) ATHLETIC TRAINING. The prevention, examination,
assessment, treatment, and rehabilitation of emergent, acute,
or chronic injuries and medical conditions as defined by
applicable member state laws and rules.
(6) BOC. The Board of Certification, Inc., or any
successor organization thereto.
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
HB275 INTRODUCED
Page 5
successor organization thereto.
(7) CAATE. The Commission on Accreditation of Athletic
Training Education or any successor organization thereto.
(8) CHARTER MEMBER STATE. Any member state which
enacted and made effective this compact by law before the
compact effective date specified in this compact.
(9) COMMISSIONER. The individual appointed by a member
state to serve as the member of the commission for that member
state.
(10) COMPACT PRIVILEGE. The legal 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.
(11) COMPACT QUALIFYING LICENSE. A license that is not
an encumbered license issued by a member state to practice
athletic training which qualifies the licensee to exercise a
compact privilege pursuant to Section 34-40-63.
(12) CONTINUING COMPETENCE. 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.
(13) CRIMINAL BACKGROUND CHECK. 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
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
HB275 INTRODUCED
Page 6
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).
(14) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION. The
existence of:
a. 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 proven true, would indicate more than a
minor infraction; or
b. 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.
(15) DATA SYSTEM. The commission's repository of
information about licensees, including, but not limited to,
examination, licensure, investigative, compact privilege,
adverse action, and alternative program.
(16) ENCUMBRANCE or ENCUMBERED. A revocation or
suspension of, or any limitation or condition on, the full and
unrestricted practice of athletic training.
(17) EXECUTIVE COMMITTEE. A group of commissioners
elected or appointed to act on behalf of, and within the
powers granted to them by, the compact and commission.
(18) INVESTIGATIVE INFORMATION. Information, records,
and documents received or generated by a licensing authority
pursuant to an investigation.
(19) JURISPRUDENCE REQUIREMENT. The assessment of an
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
HB275 INTRODUCED
Page 7
(19) JURISPRUDENCE REQUIREMENT. The assessment of an
individual's knowledge of the laws and rules governing the
practice of athletic training, as applicable, in a state.
(20) LICENSE. The current authorization by a member
state to engage in the practice of athletic training.
(21) LICENSEE or LICENSED ATHLETIC TRAINER. An
individual who currently holds an active, unrestricted license
and who meets all of the requirements outlined in Section
34-40-63.
(22) LICENSING AUTHORITY. The board or agency of a
state, or equivalent, that is responsible for the licensing
and regulation of athletic trainers.
(23) MEMBER STATE. A state that has enacted this
compact.
(24) MODEL COMPACT LANGUAGE. 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 must substantively adhere and adopt.
(25) REMOTE STATE. A member state other than the state
of qualifying licensure.
(26) RULE. A regulation adopted by an authorized entity
that has the force of law.
(27) SCOPE OF PRACTICE. 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. The procedures, actions, and
processes, and the circumstances under which they may be
undertaken may be established through means, including, but
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
HB275 INTRODUCED
Page 8
undertaken may be established through means, including, but
not limited to, statute, rules, case law, and other processes
available to the state licensing authority or other government
agency. Scope of practice shall include any state requirements
regarding supervision or direction, if required by the state
and as further defined by the state's statutes and rules.
(28) SINGLE STATE LICENSE. A license issued by any
state that authorizes practice only within the issuing state.
(29) STATE. Any state, commonwealth, district, or
territory of the United States of America.
(30) STATE OF QUALIFYING LICENSURE. The member state
which has issued a compact qualifying license to a licensee
pursuant to this compact.
(31) UNENCUMBERED LICENSE. A license that authorizes a
licensee to engage in the full and unrestricted practice of
athletic training.
§34-40-62 State participation in the compact.
(a) To be eligible to join this compact and to maintain
eligibility as a member state, a state must:
(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
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
HB275 INTRODUCED
Page 9
(5) Grant the compact privilege to a licensee who meets
all the requirements outlined in Section 34-40-63 in
accordance with the terms of the compact and any rules adopted
thereunder;
(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 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. A member state must fully implement a criminal
background check requirement in order to participate in the
issuance and acceptance of compact privileges.
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
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
HB275 INTRODUCED
Page 10
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 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
Section 34-40-63.
§34-40-63 Compact privilege.
(a) To be eligible for a compact privilege under the
terms and provisions of this compact, the licensee shall
complete a criminal background check performed by the
licensing authority in the state of qualifying licensure
before entry in the compact and shall:
(1) Satisfy one of the following two pathways:
a. Hold a valid current active certification through
BOC.
b. If a licensee does not meet the requirements of
paragraph a., the following must be completed:
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
HB275 INTRODUCED
Page 11
paragraph a., the following must be completed:
1. An education program which is either:
(i) At least a bachelor's degree with a major course of
study in athletic training, an equivalent course of study from
a college or university accredited at the time of graduation
by CAATE;
(ii) An academic degree from a college or university in
a foreign country equivalent to the degree described in item
(i) with a major course of study as described in item (i) that
is accredited by CAATE; or
(iii) The substantial equivalent of the foregoing which
the commission may determine by rule.
2. Successful completion of the exam administered by
BOC, preceding the date of the licensee's application for
licensure in his or her 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 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 this section;
(5) Notify the compact commission that the licensee is
seeking the compact privilege within a remote state or remote
states;
(6) Pay any applicable fees, including any state fee,
for the compact privilege;
(7) Meet only the continuing competence requirements
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
HB275 INTRODUCED
Page 12
(7) Meet only the 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 Section 34-40-62;
(9) Meet any jurisprudence requirements established by
the remote state or remote states in which 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 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 must
comply with the requirements of this section 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 must 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 rules of the remote state.
Licensees shall be responsible for educating themselves on,
and complying with, any and all scope of practice laws and
rules and state laws relating to the remote practice of
athletic training, as applicable.
(d) A licensee engaging in the practice of athletic
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
HB275 INTRODUCED
Page 13
(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, in accordance with due
process and that state's laws, may 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 residents. 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 license 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.
(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 must meet the requirements
of this section to obtain a compact privilege in any remote
state.
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
HB275 INTRODUCED
Page 14
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.
(3) The licensee has not had any encumbrance or
restriction against any license or compact privilege within
the previous two years.
(h) Once the requirements of subsection (g) have been
met, the licensee must meet the requirements in subsection (a)
to obtain a compact privilege in a remote state.
§34-40-64 Compact qualification.
(a) A licensee may only designate one license as his or
her compact qualifying license at a time. The procedures for
the designation may be further defined by compact commission
rule.
(b) Nothing in this section shall require that the
state of qualifying licensure be the state of primary
residence or state of primary practice for the licensee.
(c) Nothing in this compact shall interfere with a
licensee's ability to hold a single state license in multiple
states.
(d) Nothing in this compact shall affect the
requirements established by a member state for the issuance of
a single state license.
§34-40-65 Active military member or his or her spouse.
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
HB275 INTRODUCED
Page 15
§34-40-65 Active military member or his or her spouse.
An active military member or his or her spouse shall
not be required to pay a fee to the commission for a compact
privilege. If a member state chooses to charge a member state
fee, the member state may choose to charge a reduced fee or no
fee to an active military member or his or her spouse for a
compact privilege.
§34-40-66 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.
(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 or rules.
(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; 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
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
HB275 INTRODUCED
Page 16
training licensing authority for the attendance and testimony
of witnesses and the production of evidence.
b. A member state which 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 the subpoena 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 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
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
HB275 INTRODUCED
Page 17
investigative information, litigation, or compliance materials
in furtherance of any joint or individual investigation
initiated under this compact. In sharing this 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 or member states.
(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, the member
state 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 may 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.
§34-40-67 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 this 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
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
HB275 INTRODUCED
Page 18
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 Section
34-40-71.
(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 his
or her 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 commission bylaws. A commissioner shall vote
in person or by other means as provided in the bylaws. The
bylaws may provide for commissioners to meet by
telecommunication, videoconference, or other means of
communication.
(c) The compact commission shall have the following
powers:
(1) Adopt and amend rules and bylaws.
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
HB275 INTRODUCED
Page 19
(1) Adopt and amend rules and bylaws.
(2) Establish code of conduct, confidentiality, and
conflict of interest policies for commissioners.
(3) Establish the fiscal year of the compact
commission.
(4) Maintain commission 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, provided that at all times the compact
commission shall avoid any appearance of impropriety or
conflict of interest.
(12) Lease, purchase, retain, own, hold, improve,
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
HB275 INTRODUCED
Page 20
(12) Lease, purchase, retain, own, hold, improve,
invest, or use any property, real, personal, or mixed, or any
undivided interest therein.
(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 and invest money.
(16) Meet and take actions that are consistent with
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, provided 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 chair and a vice chair, secretary, treasurer, and
other offices that the commission shall establish by rule or
bylaw.
(22) Appoint committees, including standing committees,
composed of member state commissioners, state regulators,
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
HB275 INTRODUCED
Page 21
composed of member state commissioners, state regulators,
state legislators or their representatives, and consumer
representatives, and other interested persons that may be
designated in this compact and the bylaws.
(23) Perform other functions that 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 this compact including enforcement and
compliance with this compact, its rules and bylaws, and other
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;
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
HB275 INTRODUCED
Page 22
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
c. Up to four ex officio, nonvoting members from
recognized national athletic trainer organizations.
(3) The compact commission may remove any member of the
executive committee as provided in the compact 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 this section;
b. 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; and
c. The executive committee may hold a special meeting
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
HB275 INTRODUCED
Page 23
c. The executive committee may hold a special meeting
in accordance with this section.
(e) The compact commission shall adopt and provide to
the member states an annual report.
(f) Meetings of the compact commission.
(1) All meetings shall be open to the public, except
that the compact commission may meet in a closed, nonpublic
meeting as provided in this section.
(2) Public notice for all meetings of the full compact
commission 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 section.
(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, nonpublic meeting for the compact commission or
executive committee or other committees of the compact
commission to receive legal advice or to discuss:
a. Noncompliance of a member state with its obligations
under this compact;
b. The employment, compensation, discipline or other
matters, practices, or procedures related to specific
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
HB275 INTRODUCED
Page 24
matters, practices, or procedures related to specific
employees;
c. Current or threatened discipline of a licensee by a
member state's 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 the use of the compact
commission or other committee charged with the responsibility
of investigation or determination of compliance issues
pursuant to this 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
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
HB275 INTRODUCED
Page 25
certify that the meeting will be closed and reference each
relevant exempting provision, and the 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.
(g) 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 section.
(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 must 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
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
700
HB275 INTRODUCED
Page 26
of all receipts and disbursements. The receipts and
disbursements of the compact commission shall be subject to
the financial review or audit 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.
(h) 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 subdivision
shall be construed to protect any 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 subdivision.
(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
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
723
724
725
726
727
728
HB275 INTRODUCED
Page 27
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 nothing in this subdivision
shall be construed to prohibit that person from retaining his
or her own counsel at his or her 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 subsection 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.
729
730
731
732
733
734
735
736
737
738
739
740
741
742
743
744
745
746
747
748
749
750
751
752
753
754
755
756
HB275 INTRODUCED
Page 28
any other applicable state laws.
(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, rule,
or regulation.
(6) Nothing in this compact shall be construed to be a
waiver of sovereign immunity by the member states or by the
compact commission.
§34-40-68 Data system.
(a) The commission shall provide for the development,
maintenance, operation, and utilization of a coordinated data
system 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) Personally identifying information;
(2) Licensure data;
(3) Adverse actions against a licensee, license
applicant, or compact privilege and information related
thereto;
(4) Nonconfidential information related to alternative
program participation, the beginning and ending dates of the
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784
HB275 INTRODUCED
Page 29
program participation, the beginning and ending dates of the
participation, and other information related to the
participation;
(5) Any denial of an application for licensure, and the
reasons for the 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 will 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 will 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
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
800
801
802
803
804
805
806
807
808
809
810
811
812
HB275 INTRODUCED
Page 30
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.
§34-40-69 Rulemaking.
(a) The compact commission shall adopt reasonable rules
in order to effectively and efficiently implement and
administer the purposes and provisions of this 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 that where the
rules conflict with the laws or rules of a member state that
relate to the scope of practice 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
section and the rules adopted thereunder. Rules of this
compact shall become binding on the day following adoption or
813
814
815
816
817
818
819
820
821
822
823
824
825
826
827
828
829
830
831
832
833
834
835
836
837
838
839
840
HB275 INTRODUCED
Page 31
compact 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 the 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. At least 30 days in advance of the 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 other ways that the compact commission, by rule,
may specify.
(g) The notice of proposed rulemaking shall include:
(1) The time, date, and location of the public hearing
at which the compact commission will hear public comments on
the proposed rule and, if different, the time, date, and
location of the meeting where the compact commission will
consider and vote on the proposed rule;
841
842
843
844
845
846
847
848
849
850
851
852
853
854
855
856
857
858
859
860
861
862
863
864
865
866
867
868
HB275 INTRODUCED
Page 32
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 in which interested persons may submit
written comments.
(h) All hearings will 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.
(i) Nothing in this section 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 section.
(j) The compact commission, by majority vote of all
members, shall 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.
869
870
871
872
873
874
875
876
877
878
879
880
881
882
883
884
885
886
887
888
889
890
891
892
893
894
895
896
HB275 INTRODUCED
Page 33
were recommended by commenters.
(3) The compact commission shall determine a reasonable
effective date for the rule. Except for an emergency as
provided in this section, the effective date of the rule shall
be no sooner than 30 days after issuing the notice that it
adopted or amended the rule.
(k) 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 section 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
subsection, an emergency rule is one that must 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 adoption of a rule that is
established by federal law or rule; or
(4) Protect public health and safety.
(l) The compact commission or an authorized committee
of the compact 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 revision 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
897
898
899
900
901
902
903
904
905
906
907
908
909
910
911
912
913
914
915
916
917
918
919
920
921
922
923
924
HB275 INTRODUCED
Page 34
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 will take effect without
further action. If the revision is challenged, the revision
may not take effect without the approval of the compact
commission.
(m) No member state's rulemaking requirements shall
apply under this compact.
§34-40-70 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 the
compact commission adopts or consents to participate in
alternative dispute resolution proceedings. Nothing herein
shall affect or limit the selection or propriety of venue in
any action against a licensee for professional malpractice,
misconduct, or any similar matter.
925
926
927
928
929
930
931
932
933
934
935
936
937
938
939
940
941
942
943
944
945
946
947
948
949
950
951
952
HB275 INTRODUCED
Page 35
misconduct, or any 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 the 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
953
954
955
956
957
958
959
960
961
962
963
964
965
966
967
968
969
970
971
972
973
974
975
976
977
978
979
980
HB275 INTRODUCED
Page 36
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 authorities.
(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 the 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 the 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 U.S. 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 the litigation, including
reasonable attorney fees.
(i) Dispute resolution.
981
982
983
984
985
986
987
988
989
990
991
992
993
994
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
HB275 INTRODUCED
Page 37
(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
nonmember states.
(2) The compact commission shall adopt a rule providing
for both mediation and binding alternate dispute resolution
for disputes as appropriate.
(j) Enforcement.
(1) By two-thirds majority vote, the compact commission
may initiate legal action against a member state in default in
the U.S. District Court for the District of Columbia or the
federal district where the compact commission has its
principal offices to enforce compliance with this 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 the litigation, including reasonable
attorney fees. The remedies herein 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 U.S. District Court for the
District of Columbia or the federal district where the compact
commission has its principal offices to enforce compliance
with this 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
1009
1010
1011
1012
1013
1014
1015
1016
1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
1028
1029
1030
1031
1032
1033
1034
1035
1036
HB275 INTRODUCED
Page 38
judicial enforcement is necessary, the prevailing party shall
be awarded all costs of the litigation, including reasonable
attorney fees.
(3) No person other than a member state shall enforce
this compact against the compact commission.
§34-40-71 Effective date, withdrawal, and amendment.
(a) This compact shall come into effect on the date on
which 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 (charter member states)
to determine if the statute enacted and made effective by each
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 Section
34-40-70.
b. If any member state is later found to be in default,
or 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
less 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 section to determine if their
enactments are materially different from the model compact
statute and whether they qualify for participation in the
1037
1038
1039
1040
1041
1042
1043
1044
1045
1046
1047
1048
1049
1050
1051
1052
1053
1054
1055
1056
1057
1058
1059
1060
1061
1062
1063
1064
HB275 INTRODUCED
Page 39
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 this 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 this 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.
(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 the
withdrawal to all licensees and privilege holders within that
state. Notwithstanding any subsequent statutory enactment to
the contrary, the withdrawing state shall continue to
1065
1066
1067
1068
1069
1070
1071
1072
1073
1074
1075
1076
1077
1078
1079
1080
1081
1082
1083
1084
1085
1086
1087
1088
1089
1090
1091
1092
HB275 INTRODUCED
Page 40
the contrary, the withdrawing state shall continue to
recognize all compact privileges granted pursuant to this
compact for a minimum of 180 days after the date of the notice
of withdrawal.
(4) 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
nonmember state that does not conflict with this compact.
(5) This compact may be amended by the member states.
No amendment to this compact shall become effective and
binding upon any member state until the amendment is enacted
into the laws of all member states.
§34-40-72 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 this compact. Provisions of the compact
expressly authorizing or requiring the adoption of rules shall
not be construed to limit the compact 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
1093
1094
1095
1096
1097
1098
1099
1100
1101
1102
1103
1104
1105
1106
1107
1108
1109
1110
1111
1112
1113
1114
1115
1116
1117
1118
1119
1120
HB275 INTRODUCED
Page 41
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 the
compact commission determines that a constitutional
requirement of a member state is a material departure from
this compact. Otherwise, if this compact shall be held to be
contrary to the constitution of any member state, this 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.
§34-40-73 Consistent effect and conflict with other
state laws.
(a) Nothing herein shall prevent or inhibit the
enforcement of any other law of a member state that is not
inconsistent with this compact.
(b) Any laws, statutes, rules, or other legal
requirements in a member state in conflict with this 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.
Section 2. This act shall become effective on October
1, 2026.
1121
1122
1123
1124
1125
1126
1127
1128
1129
1130
1131
1132
1133
1134
1135
1136
1137
1138
1139
1140
1141
1142
1143
1144
1145