Read the full stored bill text
Florida Senate
-
2026
SB 970
By
Senator Wright
8-01271-26 2026970__
1 A bill to be entitled
2 An act relating to the Respiratory Care Interstate
3 Compact; creating s. 468.371, F.S.; enacting the
4 Respiratory Care Interstate Compact; providing purpose
5 and intent; defining terms; requiring member states to
6 meet certain requirements to join and participate in
7 the compact; providing that the compact does not
8 prohibit member states from charging a specified fee;
9 providing criteria that a respiratory therapist
10 licensee must satisfy to practice under the compact;
11 authorizing a certain licensing authority or
12 government agency to establish the scope of practice
13 for a licensee providing therapy in a remote state;
14 providing processes for a licensee whose license is
15 removed, encumbered, restricted, or limited; providing
16 requirements for renewal of an equivalent license in a
17 member state; authorizing an active military member
18 and his or her spouse to be deemed as having a home
19 state license under certain circumstances; authorizing
20 member states to impose adverse actions against
21 licensees under certain circumstances; authorizing
22 member states to participate with other member states
23 in joint investigations of licensees under certain
24 circumstances; providing construction; establishing
25 the Respiratory Care Interstate Compact Commission;
26 providing commission membership, duties, and powers;
27 providing for powers, duties, and responsibilities of
28 an executive committee; requiring the committee to
29 adopt and provide an annual report to member states;
30 providing for commission and executive committee
31 meetings; authorizing the commission or executive
32 committee to convene in closed, nonpublic meetings
33 under certain circumstances; requiring the commission
34 to keep meeting minutes in a specified manner;
35 providing for financing of the commission; requiring
36 the commission to keep certain financial
37 documentation; providing for qualified immunity,
38 defense, and indemnification of the commission;
39 providing exceptions; providing for the development,
40 maintenance, and use of a coordinated database and
41 reporting system; requiring member states to submit
42 specified information to the data system; providing
43 requirements for the information in the data system;
44 providing rulemaking procedures; providing for state
45 enforcement of the compact; providing for the
46 termination of compact membership; providing
47 procedures for the resolution of certain disputes;
48 providing for an effective date; providing for
49 withdrawal from the compact; providing compact
50 amendment procedures; providing construction and
51 severability and binding effect of the compact;
52 amending ss. 456.076, 468.353, 468.355, 468.361, and
53 768.28, F.S.; conforming provisions to changes made by
54 the act; providing an effective date.
55
56 Be It Enacted by the Legislature of the State of Florida:
57
58 Section 1. Section 468.371, Florida Statutes, is created to
59 read:
60
468.371
Respiratory Care Interstate Compact.—The
61
Respiratory Care Interstate Compact is hereby enacted into law
62
and entered into by this state with all other states legally
63
joining therein in the form substantially as follows:
64
65
RESPIRATORY CARE INTERSTATE COMPACT
66
67
ARTICLE I
68
PURPOSE AND INTENT
69
70
(1)
The purpose of this compact is to facilitate the
71
interstate practice of respiratory therapy with the goal of
72
improving public access to respiratory therapy services by
73
providing respiratory therapists licensed in a member state the
74
ability to practice in other member states. The compact
75
preserves the regulatory authority of states to protect public
76
health and safety through the current system of state licensure.
77
(2)
This compact is designed to achieve all of the
78
following objectives:
79
(a)
Increase public access to respiratory therapy services
80
by creating a responsible, streamlined pathway for licensees to
81
practice in member states with the goal of improving outcomes
82
for patients.
83
(b)
Enhance states’ ability to protect the public’s health
84
and safety.
85
(c)
Promote the cooperation of member states in regulating
86
the practice of respiratory therapy within such member states.
87
(d)
Ease administrative burdens on states by encouraging
88
the cooperation of member states in regulating multistate
89
respiratory therapy practice.
90
(e)
Support relocating active military members and their
91
spouses.
92
(f)
Promote mobility and address workforce shortages.
93
94
ARTICLE II
95
DEFINITIONS
96
97
As used in this compact, the term:
98
(1)
“Active military member” means any person with a full
99
time duty status in the Armed Forces of the United States,
100
including members of the National Guard and the United States
101
Reserve Forces.
102
(2)
“Adverse action” means any administrative, civil,
103
equitable, or criminal action permitted by a state’s laws which
104
is imposed by any state authority with regulatory authority over
105
respiratory therapists, such as license denial, censure,
106
revocation, suspension, probation, monitoring of the licensee,
107
or restriction on the licensee’s practice
. The term does
not
108
includ
e
participation in an alternative program.
109
(3)
“Alternative program” means a nondisciplinary
110
monitoring or practice remediation process applicable to a
111
respiratory therapist approved by any state authority with
112
regulatory authority over respiratory therapists. This includes,
113
but is not limited to, programs to which licensees with
114
substance abuse or addiction issues are referred in lieu of
115
adverse action.
116
(4)
“Charter member states” means those member states who
117
were the first seven states to enact the compact into law.
118
(5)
“Commission” or “Respiratory Care Interstate Compact
119
Commission” means the government instrumentality and body
120
politic whose membership consists of all member states that have
121
enacted the compact.
122
(6)
“Commissioner” means the individual appointed by a
123
member state to serve as the member of the commission for that
124
member state.
125
(7)
“Compact” means the Respiratory Care Interstate
126
Compact.
127
(8)
“Compact privilege” means the authorization granted by
128
a remote state to allow a licensee from another member state to
129
practice as a respiratory therapist in the remote state under
130
the remote state’s laws and rules. The practice of respiratory
131
therapy occurs in the member state where the patient is located
132
at the time of the patient encounter.
133
(9)
“Criminal background check” means the submission by the
134
member state of fingerprints or other biometric-based
135
information on license applicants at the time of initial
136
licensing for the purpose of obtaining that applicant’s criminal
137
history record information, as defined in 28 C.F.R. s. 20.3(d)
138
or successor provision, from the Federal Bureau of Investigation
139
and the state’s criminal history record repository, as defined
140
in 28 C.F.R. s. 20.3(f) or successor provision.
141
(10)
“Data system” means the commission’s repository of
142
information about licensees as further set forth in Article
143
VIII.
144
(11)
“Domicile” means the jurisdiction which is the
145
licensee’s principal home for legal purposes.
146
(12)
“Encumbered license” means a license that a state’s
147
respiratory therapy licensing authority has limited in any way.
148
(13)
“Executive committee” means a group of directors
149
elected or appointed to act on behalf of, and within the powers
150
granted to them by, the commission.
151
(14)
“Home state,” except as provided in Article V, means
152
the member state that is the licensee’s primary domicile.
153
(15)
“Home state license” means an active license to
154
practice respiratory therapy in a home state which is not an
155
encumbered license.
156
(16)
“Jurisprudence requirement” means an assessment of an
157
individual’s knowledge of the state laws and regulations
158
governing the practice of respiratory therapy in such state.
159
(17)
“Licensee” means an individual who currently holds an
160
authorization from the state to practice as a respiratory
161
therapist.
162
(18)
“Member state” means a state that has enacted the
163
compact and been admitted to the commission in accordance with
164
this compact and commission rules.
165
(19)
“Model compact” means the model for the Respiratory
166
Care Interstate Compact on file with the Council of State
167
Governments or other entity as designated by the commission.
168
(20)
“Remote state” means a member state where a licensee
169
is exercising or seeking to exercise the compact privilege.
170
(21)
“Respiratory therapist” or “respiratory care
171
practitioner” means an individual who holds a credential issued
172
by the National Board for Respiratory Care or its successor and
173
holds a license in a state to practice respiratory therapy. For
174
purposes of this compact, any other title or status adopted by a
175
state to replace the term “respiratory therapist” or
176
“respiratory care practitioner” is synonymous with “respiratory
177
therapist” and shall confer the same rights and responsibilities
178
to the licensee under the provisions of this compact at the time
179
of its enactment.
180
(22)
“Respiratory therapy,” “respiratory therapy practice,”
181
“respiratory care,” “the practice of respiratory therapy,” and
182
“the practice of respiratory care” mean the care and services
183
provided by or under the direction and supervision of a
184
respiratory therapist or respiratory care practitioner.
185
(23)
“Respiratory therapy licensing authority” means the
186
agency, board, or other body of a state that is responsible for
187
licensing and regulation of respiratory therapists.
188
(24)
“Rule” means a regulation adopted by an entity that
189
has the force and effect of law.
190
(25)
“Scope of practice” means the procedures, actions, and
191
processes a respiratory therapist licensed in a state or
192
practicing under a compact privilege in a state is permitted to
193
undertake in that state and the circumstances under which the
194
respiratory therapist is permitted to undertake those
195
procedures, actions, and processes. Such procedures, actions,
196
and processes, and the circumstances under which they may be
197
undertaken, may be established through means including, but not
198
limited to, statute, regulations, case law, and other processes
199
available to the state respiratory therapy licensing authority
200
or other government agency.
201
(26)
“Significant investigative information” means
202
information, records, and documents received or generated by a
203
state respiratory therapy licensing authority pursuant to an
204
investigation for which a determination has been made that there
205
is probable cause to believe that the licensee has violated a
206
statute or regulation that is considered more than a minor
207
infraction for which the state respiratory therapy licensing
208
authority could pursue adverse action against the licensee.
209
(27)
“State” means any state, commonwealth, district, or
210
territory of the United States.
211
212
ARTICLE III
213
STATE PARTICIPATION IN THIS COMPACT
214
215
(1)
In order to participate in this compact and thereafter
216
continue as a member state, a member state shall:
217
(a)
Enact a compact that is not materially different from
218
the model compact.
219
(b)
License respiratory therapists.
220
(c)
Participate in the data system.
221
(d)
Have a mechanism in place for receiving and
222
investigating complaints against licensees and compact privilege
223
holders.
224
(e)
Notify the commission, in compliance with the terms of
225
this compact and commission rules, of any adverse action against
226
a licensee, a compact privilege holder, or a license applicant.
227
(f)
Notify the commission, in compliance with the terms of
228
this compact and commission rules, of the existence of
229
significant investigative information.
230
(g)
Comply with the rules of the commission.
231
(h)
Grant the compact privilege to a holder of an active
232
home state license and otherwise meet the applicable
233
requirements of Article IV in a member state.
234
(i)
Complete a criminal background check for each new
235
licensee at the time of initial licensure. Where expressly
236
authorized or permitted by federal law, whether such federal law
237
is in effect before, at, or after the time of a member state’s
238
enactment of this compact, a member state’s enactment of this
239
compact authorizes the member state’s respiratory therapy
240
licensing authority to perform criminal background checks as
241
defined herein. The absence of such a federal law as described
242
in this paragraph does not prevent or preclude such
243
authorization where it may be derived or granted through means
244
other than the enactment of this compact.
245
(2)
This compact does not prohibit a member state from
246
charging a fee for granting and renewing the compact privilege.
247
248
ARTICLE IV
249
COMPACT PRIVILEGE
250
251
(1)
To exercise the compact privilege under this compact, a
252
licensee shall:
253
(a)
Hold and maintain an active home state license as a
254
respiratory therapist.
255
(b)
Hold and maintain an active credential from the
256
National Board for Respiratory Care, or its successor, that
257
would qualify him or her for licensure in the remote state in
258
which he or she is seeking the compact privilege.
259
(c)
Have not had any adverse action against a license
260
within the previous 2 years.
261
(d)
Notify the commission that he or she is seeking the
262
compact privilege within a remote state.
263
(e)
Pay any applicable fees, including any state and
264
commission fees and renewal fees, for the compact privilege.
265
(f)
Meet any jurisprudence requirements established by the
266
remote state in which he or she is seeking a compact privilege.
267
(g)
Report to the commission any adverse action taken by
268
any nonmember state within 30 days after the date the adverse
269
action is taken.
270
(h)
Report to the commission, when applying for a compact
271
privilege, the address of his or her domicile and thereafter
272
promptly report to the commission any change of address within
273
30 days after the effective date of the change in address.
274
(i)
Consent to accept service of process by mail at his or
275
her domicile on record with the commission with respect to any
276
action brought against him or her by the commission or a member
277
state, and consent to accept service of a subpoena by mail at
278
the licensee’s domicile on record with the commission with
279
respect to any action brought or investigation conducted by the
280
commission or a member state.
281
(2)
The compact privilege is valid until the expiration
282
date or revocation of the home state license unless terminated
283
pursuant to adverse action. The licensee must comply with all of
284
the requirements of subsection (1) to maintain the compact
285
privilege in a remote state. If those requirements are met, no
286
adverse actions are taken, and the licensee has paid any
287
applicable compact privilege renewal fees, then the licensee
288
will maintain the compact privilege.
289
(3)
A licensee providing respiratory therapy in a remote
290
state under the compact privilege functions
may practice only
291
within the scope of practice authorized by the remote state for
292
the type of respiratory therapist license the licensee holds.
293
Such procedures, actions, processes, and the circumstances under
294
which they may be undertaken may be established through means
295
including, but not limited to, statute, regulations, case law,
296
and other processes available to the state respiratory therapy
297
licensing authority or other government agency.
298
(4)
If a licensee’s compact privilege in a remote state is
299
removed by the remote state, the licensee shall lose or be
300
ineligible for the compact privilege in that remote state until
301
the compact privilege is no longer limited or restricted by that
302
state.
303
(5)
If a home state license is encumbered, the licensee
304
shall lose the compact privilege in all remote states until
both
305
of
the following occur:
306
(a)
The home state license is no longer encumbered.
307
(b)
Two years have elapsed from the date on which the
308
license is no longer encumbered due to the adverse action.
309
(6)
Once a licensee with a restricted or limited license
310
meets the requirements of subsection (5), the licensee must also
311
meet the requirements of subsection (1) to obtain a compact
312
privilege in a remote state.
313
314
ARTICLE V
315
ACTIVE MILITARY MEMBERS AND THEIR SPOUSES
316
317
(1)
An active military member, or his or her spouse, shall
318
designate a home state where the individual has a current
319
license in good standing. The individual may retain the home
320
state designation during the period the service member is on
321
active duty.
322
(2)
An active military member and his or her spouse are not
323
required to pay to the commission
any fee
for a compact
324
privilege
which
may otherwise be charged by the commission. If a
325
remote state chooses to charge a fee for a compact privilege, it
326
may choose to charge a reduced fee or no fee to an active
327
military member and his or her spouse for a compact privilege.
328
329
ARTICLE VI
330
ADVERSE ACTIONS
331
332
(1)
A member state in which a licensee is licensed may
333
impose adverse action against the license issued by that member
334
state.
335
(2)
A member state may take adverse action based on
336
significant investigative information of a remote state or the
337
home state, so long as the member state follows its own
338
procedures for imposing adverse action.
339
(3)
This compact does not override a member state’s
340
decision that participation in an alternative program may be
341
used in lieu of adverse action and that such participation shall
342
remain nonpublic if required by the member state’s laws.
343
(4)
A remote state may:
344
(a)
Take adverse actions as provided herein against a
345
licensee’s compact privilege in that state.
346
(b)
Issue subpoenas for both hearings and investigations
347
that require the attendance and testimony of witnesses and the
348
production of evidence.
349
1.
Subpoenas may be issued by a respiratory therapy
350
licensing authority in a member state for the attendance and
351
testimony of witnesses and the production of evidence.
352
2.
Subpoenas issued by a respiratory therapy licensing
353
authority in a member state for the attendance and testimony of
354
witnesses shall be enforced in the latter state by any court of
355
competent jurisdiction in the latter state, according to the
356
practice and procedure of that court applicable to subpoenas
357
issued in proceedings pending before it.
358
3.
Subpoenas issued by a respiratory therapy licensing
359
authority in a member state for production of evidence from
360
another member state shall be enforced in the latter state,
361
according to the practice and procedure of that court applicable
362
to subpoenas issued in the proceedings pending before it.
363
4.
The issuing authority shall pay any witness fees, travel
364
expenses, mileage, and other fees required by the service
365
statutes of the state where the witnesses or evidence are
366
located.
367
(c)
Unless otherwise prohibited by general law, recover
368
from the licensee the costs of investigations and disposition of
369
cases resulting from any adverse action taken against that
370
licensee.
371
(d)
Notwithstanding paragraph (b), a member state may not
372
issue a subpoena to gather evidence of conduct in another member
373
state
which
is lawful in such other member state for the purpose
374
of taking adverse action against a licensee’s compact privilege
375
or application for a compact privilege in that member state.
376
(e)
This compact does not authorize a member state to
377
impose discipline against a respiratory therapist’s compact
378
privilege in that member state for the licensee’s otherwise
379
lawful practice in another state.
380
(5)(a)
In addition to the authority granted to a member
381
state by its respective respiratory therapy practice act or
382
other applicable state law, a member state may participate with
383
other member states in joint investigations of licensees,
384
provided, however, that a member state receiving such a request
385
has no obligation to respond to any subpoena issued regarding an
386
investigation of conduct or practice that was lawful in a member
387
state at the time it was undertaken.
388
(b)
Member states shall share any significant investigative
389
information, litigation, or compliance materials in furtherance
390
of any joint or individual investigation initiated under the
391
compact. In sharing such information between member state
392
respiratory therapy licensing authorities, all information
393
obtained shall be kept confidential, except as otherwise
394
mutually agreed upon by the sharing and receiving member states.
395
(6)
This compact does not permit a member state to:
396
(a)
Take any adverse action against a licensee or holder of
397
a compact privilege for conduct or practice that was legal in
398
the member state at the time it was undertaken.
399
(b)
Take disciplinary action against a licensee or holder
400
of a compact privilege for conduct or practice that was legal in
401
the member state at the time it was undertaken.
402
403
ARTICLE VII
404
ESTABLISHMENT OF THE RESPIRATORY CARE
405
INTERSTATE COMPACT COMMISSION
406
407
(1)
ESTABLISHMENT OF THE COMMISSION.—The member states
408
hereby create and establish a joint government agency whose
409
membership consists of all member states that have enacted the
410
compact
, to be
known as the Respiratory Care Interstate Compact
411
Commission. The commission is an instrumentality of the compact
412
member states acting jointly and not an instrumentality of any
413
one state. The commission shall come into existence on or after
414
the effective date of the compact, as provided in Article XI.
415
(2)
MEMBERSHIP, VOTING, AND MEETINGS.—
416
(a)
Each member state shall have one commissioner selected
417
by that member state’s respiratory therapy licensing authority.
418
(b)
The commissioner or his or her designated staff member
419
shall be an administrator of the member state’s respiratory
420
therapy licensing authority.
421
(c)
The commission shall by rule or bylaw establish a term
422
of office for commissioners and may by rule or bylaw establish
423
term limits.
424
(d)
The commission may recommend to a member state the
425
removal or suspension any commissioner from office.
426
(e)
A member state’s respiratory therapy licensing
427
authority shall fill any vacancy occurring on the commission
428
within 60 days after the vacancy.
429
(f)
Each commissioner shall be entitled to one vote on all
430
matters before the commission requiring a vote.
431
(g)
A commissioner shall vote in person or by such other
432
means as provided in the bylaws. The bylaws may provide for
433
commissioners to meet by telecommunication, videoconference, or
434
other means of communication.
435
(h)
The commission shall meet at least once during each
436
calendar year. Additional meetings may be held as provided in
437
the bylaws.
438
(3)
POWERS OF THE COMMISSION.—The commission may:
439
(a)
Establish and amend the fiscal year of the commission.
440
(b)
Establish and amend bylaws and policies, including, but
441
not limited to, a code of conduct and conflict of interest.
442
(c)
Establish and amend rules, which shall be binding in
443
all member states.
444
(d)
Maintain its financial records in accordance with the
445
bylaws.
446
(e)
Meet and take such actions as are consistent with this
447
compact, the commission’s rules, and the bylaws.
448
(f)
Initiate and conduct legal proceedings or actions in
449
the name of the commission, provided that the standing of any
450
respiratory therapy licensing authority to sue or be sued under
451
applicable law is not affected.
452
(g)
Maintain and certify records and information provided
453
to a member state as the authenticated business records of the
454
commission and designate an agent to do so on the commission’s
455
behalf.
456
(h)
Purchase and maintain insurance and bonds.
457
(i)
Accept or contract for services of personnel,
458
including, but not limited to, employees of a member state.
459
(j)
Conduct an annual financial review.
460
(k)
Hire employees, elect or appoint officers, fix
461
compensation, define duties, grant such individuals appropriate
462
authority to carry out the purposes of the compact, and
463
establish the commission’s personnel policies and programs
464
relating to conflicts of interest, qualifications of personnel,
465
and other related personnel matters.
466
(l)
Assess and collect fees.
467
(m)
Accept any and all appropriate gifts, donations, grants
468
of money, other sources of revenue, equipment, supplies,
469
materials, and services, and receive, use, and dispose of the
470
same, provided that the commission avoids any appearance of
471
impropriety or conflict of interest.
472
(n)
Lease, purchase, retain, own, hold, improve, or use any
473
property, real, personal, or mixed, or any undivided interest
474
therein.
475
(o)
Sell, convey, mortgage, pledge, lease, exchange,
476
abandon, or otherwise dispose of any property, real, personal,
477
or mixed.
478
(p)
Establish a budget and make expenditures.
479
(q)
Borrow money in a fiscally responsible manner.
480
(r)
Appoint committees, including standing committees,
481
composed of commissioners, state regulators, state legislators
482
or their representatives, and consumer representatives, and such
483
other interested persons as may be designated in this compact
484
and the bylaws.
485
(s)
Provide and receive information from, and cooperate
486
with, law enforcement agencies.
487
(t)
Establish and elect an executive committee, including a
488
chair, vice-chair, secretary, treasurer, and such other offices
489
as the commission shall establish by rule or bylaw.
490
(u)
Enter into contracts or arrangements for the management
491
of the affairs of the commission.
492
(v)
Determine whether a state’s adopted language is
493
materially different from the model compact language such that
494
the state does not qualify for participation in the compact.
495
(w)
Perform such other functions as may be necessary or
496
appropriate to achieve the purposes of this compact.
497
(4)
THE EXECUTIVE COMMITTEE.—
498
(a)
The executive committee shall have the power to act on
499
behalf of the commission according to the terms of this compact.
500
The powers, duties, and responsibilities of the executive
501
committee include:
502
1.
Overseeing the day-to-day activities of the
503
administration of the compact, including enforcement of and
504
compliance with the compact, commission rules and bylaws, and
505
other such duties as deemed necessary.
506
2.
Recommending to the commission changes to the rules or
507
bylaws, changes to the compact legislation, fees charged to
508
compact member states, fees charged to licensees, and other
509
fees.
510
3.
Ensuring compact administration services are
511
appropriately provided, including by contract.
512
4.
Preparing and recommending the budget.
513
5.
Maintaining financial records on behalf of the
514
commission.
515
6.
Monitoring compact compliance of member states and
516
providing compliance reports to the commission.
517
7.
Establishing additional committees as necessary.
518
8.
Exercising the powers and duties of the commission
519
during the interim between commission meetings, except for
520
adopting or amending rules, adopting or amending bylaws, and
521
exercising any other powers and duties expressly reserved to the
522
commission by rule or bylaw.
523
9.
Performing other duties as provided in the rules or
524
bylaws of the commission.
525
(b)
The executive committee shall be composed of up to nine
526
members, as further provided in the bylaws of the commission:
527
1.
Seven voting members who are elected by the commission
528
from the current membership of the commission.
529
2.
Two ex-officio, nonvoting members.
530
(c)
The commission may remove any member of the executive
531
committee as provided in the commission’s bylaws.
532
(d)
The executive committee shall meet at least annually.
533
1.
Executive committee meetings shall be open to the
534
public, except that the executive committee may meet in a
535
closed, nonpublic meeting as provided in paragraph (6)(d).
536
2.
The executive committee shall give advance notice of its
537
meetings, posted on its website and as determined to provide
538
notice to persons with an interest in the business of the
539
commission.
540
3.
The executive committee may hold a special meeting in
541
accordance with paragraph (6)(b).
542
(5)
REPORT.—The commission shall adopt and provide to the
543
member states an annual report.
544
(6)
MEETINGS OF THE COMMISSION.—
545
(a)
All meetings of the commission
which
are not closed
546
pursuant to paragraph (d) shall be open to the public. Notice of
547
public meetings shall be posted on the commission’s website at
548
least 30 days before the public meeting.
549
(b)
Notwithstanding paragraph (a), the commission may
550
convene an emergency public meeting by providing at least 24
551
hours’ notice on the commission’s website, and
by
any other
552
means as provided in the commission’s rules, for any of the
553
reasons it may dispense with notice of proposed rulemaking under
554
subsection (7) of Article IX. The commission’s legal counsel
555
shall certify that one of the reasons justifying an emergency
556
public meeting has been met.
557
(c)
Notice of all commission meetings must provide the
558
time, date, and location of the meeting, and if the meeting is
559
to be held or accessible via telecommunication, video
560
conference, or other electronic means, the notice shall include
561
the mechanism for access to the meeting.
562
(d)
The commission or the executive committee may convene
563
in a closed, nonpublic meeting for the commission or executive
564
committee to receive or solicit legal advice or to discuss
any
565
of
the following:
566
1.
Noncompliance of a member state with its obligations
567
under the compact;
568
2.
The employment, compensation, discipline, or other
569
matters, practices, or procedures related to specific employees;
570
3.
Current or threatened discipline of a licensee or
571
compact privilege holder by the commission or by a member
572
state’s respiratory therapy licensing authority;
573
4.
Current, threatened, or reasonably anticipated
574
litigation;
575
5.
Negotiation of contracts for the purchase, lease, or
576
sale of goods, services, or real estate;
577
6.
Accusing any person of a crime or formally censuring any
578
person;
579
7.
Trade secrets or commercial or financial information
580
that is privileged or confidential;
581
8.
Information of a personal nature where disclosure would
582
constitute a clearly unwarranted invasion of personal privacy;
583
9.
Investigative records compiled for law enforcement
584
purposes;
585
10.
Information related to any investigative reports
586
prepared by
,
on behalf of
,
or for use
by
the commission or other
587
committee charged with responsibility of investigation or
588
determination of compliance issues pursuant to the compact;
589
11.
Legal advice;
590
12.
Matters specifically exempted from disclosure by
591
federal or member state law; or
592
13.
Other matters as adopted by the commission by rule.
593
(e)
If a meeting, or portion of a meeting, is closed, the
594
presiding officer shall state that the meeting will be closed
595
and reference each relevant exempting provision, and such
596
reference shall be recorded in the minutes.
597
(f)
The commission shall keep minutes in accordance with
598
commission rules and bylaws. All documents considered in
599
connection with an action shall be identified in such minutes.
600
All minutes and documents of a closed meeting shall remain under
601
seal, subject to release only by a majority vote of the
602
commission or order of a court of competent jurisdiction.
603
(7)
FINANCING OF THE COMMISSION.—
604
(a)
The commission shall pay, or provide for the payment
605
of, the reasonable expenses of its establishment, organization,
606
and ongoing activities.
607
(b)
The commission may accept any and all appropriate
608
revenue sources as provided herein.
609
(c)
The commission may levy on and collect an annual
610
assessment from each member state and impose fees on licensees
611
of member states that are granted compact privilege to cover the
612
cost of the operations and activities of the commission and its
613
staff. The aggregate annual assessment amount for member states,
614
if any, shall be allocated based upon a formula that the
615
commission shall adopt by rule.
616
(d)
The commission may not incur obligations of any kind
617
before securing the funds or a loan adequate to meet the same,
618
nor pledge the credit of any of the member states, except by and
619
with the authority of the member state.
620
(e)
The commission shall keep accurate accounts of all
621
receipts and disbursements. The receipts and disbursements of
622
the commission are subject to the financial review and
623
accounting procedures established under its bylaws. However, all
624
receipts and disbursements of funds handled by the commission
625
are subject to an annual financial review by a certified or
626
licensed public accountant, and the report of the financial
627
review shall be included in and become part of the annual report
628
of the commission.
629
(8)
QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.—
630
(a)
This compact does not limit the liability of any
631
licensee for professional malpractice or misconduct, which shall
632
be governed solely by any other applicable state laws.
633
(b)
The member states, commissioners, officers, executive
634
directors, employees, and agents of the commission are immune
635
from suit and liability, both personally and in their official
636
capacity, for any claim for damage to or loss of property,
637
personal injury, or other civil liability caused by or arising
638
out of any actual or alleged act, error, or omission that
639
occurred, or that the person against whom the claim is made had
640
a reasonable basis for believing occurred, within the scope of
641
commission employment, duties, or responsibilities. This
642
paragraph does not protect any such person from suit or
643
liability for any damage, loss, injury, or liability caused by
644
the intentional, willful, or wanton misconduct of that person.
645
The procurement of insurance of any type by the commission does
646
not in any way compromise or limit the immunity granted
647
hereunder.
648
(c)
The commission shall defend any commissioner, officer,
649
executive director, employee, and agent of the commission in any
650
civil action seeking to impose liability arising out of any
651
actual or alleged act, error, or omission that occurred within
652
the scope of commission employment, duties, or responsibilities,
653
or as determined by the commission that the person against whom
654
the claim is made had a reasonable basis for believing occurred
655
within the scope of commission employment, duties, or
656
responsibilities. This paragraph does not prohibit that person
657
from retaining counsel at his or her own expense; and provided
658
further, that the actual or alleged act, error, or omission did
659
not result from that person’s intentional, willful, or wanton
660
misconduct.
661
(d)
The commission shall indemnify and hold harmless any
662
commissioner, member, officer, executive director, employee, and
663
agent of the commission for the amount of any settlement or
664
judgment obtained against that person arising out of any actual
665
or alleged act, error, or omission that occurred within the
666
scope of commission employment, duties, or responsibilities, or
667
that such person had a reasonable basis for believing occurred
668
within the scope of commission employment, duties, or
669
responsibilities, provided that the actual or alleged act,
670
error, or omission did not result from the intentional, willful,
671
or wanton misconduct of that person.
672
(e)
This compact does not waive or otherwise abrogate a
673
member state’s state action immunity or state action affirmative
674
defense with respect to antitrust claims under the Sherman Act,
675
the Clayton Act, or any other state or federal antitrust or
676
anticompetitive law or regulation.
677
(f)
This compact does not waive sovereign immunity by the
678
member states or by the commission.
679
680
ARTICLE VIII
681
DATA SYSTEM
682
683
(1)
The commission shall provide for the development,
684
maintenance, operation, and utilization of a coordinated
685
database and reporting system containing licensure, adverse
686
action, and the presence of significant investigative
687
information.
688
(2)
Notwithstanding any other provision of state law to the
689
contrary, a member state shall submit a uniform data set to the
690
data system as required by the rules of the commission,
691
including, but not limited to, all of the following:
692
(a)
Identifying information.
693
(b)
Licensure data.
694
(c)
Adverse actions against a licensee, license applicant,
695
or compact privilege holder and information related thereto.
696
(d)
Nonconfidential information related to alternative
697
program participation, the beginning and ending dates of such
698
participation, and other information related to such
699
participation not made confidential under member state law.
700
(e)
Any denial of application for licensure and the reasons
701
for such denial.
702
(f)
The presence of current significant investigative
703
information.
704
(g)
Other information that may facilitate the
705
administration of this compact or the protection of the public,
706
as determined by commission rules.
707
(3)
A member state may not submit any information that
708
constitutes criminal history record information, as defined by
709
applicable federal law, to the data system.
710
(4)
The records and information provided to a member state
711
pursuant to this compact or through the data system, when
712
certified by the commission or an agent thereof, constitutes the
713
authenticated business records of the commission and are
714
entitled to any associated hearsay exception in any relevant
715
judicial, quasi-judicial, or administrative proceedings in a
716
member state.
717
(5)
Significant investigative information pertaining to a
718
licensee in any member state will only be available to other
719
member states.
720
(6)
It is the responsibility of the member states to report
721
any adverse action against a licensee and to monitor the
722
database to determine whether adverse action has been taken
723
against a licensee. Adverse action information pertaining to a
724
licensee in any member state will be available to any other
725
member state.
726
(7)
Member states contributing information to the data
727
system may designate information that may not be shared with the
728
public without the express permission of the contributing state.
729
(8)
Any information submitted to the data system which is
730
subsequently expunged pursuant to federal law or the laws of the
731
member state contributing the information shall be removed from
732
the data system.
733
734
ARTICLE IX
735
RULEMAKING
736
737
(1)
The commission shall adopt reasonable rules in order to
738
effectively and efficiently implement and administer the
739
purposes and provisions of this compact. A rule shall be invalid
740
and have no force or effect only if a court of competent
741
jurisdiction holds that the rule is invalid because the
742
commission exercised its rulemaking authority in a manner that
743
is beyond the scope and purposes of this compact, or the powers
744
granted hereunder, or based upon another applicable standard of
745
review.
746
(2)
For purposes of this compact, the rules of the
747
commission shall have the force of law in each member state.
748
(3)
The commission shall exercise its rulemaking powers
749
pursuant to the criteria provided in this article and the rules
750
adopted hereunder. Rules become binding as of the date specified
751
in each rule.
752
(4)
If a majority of the legislatures of the member states
753
rejects a rule or portion of a rule, by enactment of a statute
754
or resolution in the same manner used to adopt the compact
755
within 4 years after the date of adoption of the rule, then such
756
rule shall have no further force and effect in any member state.
757
(5)
Rules shall be adopted at a regular or special meeting
758
of the commission.
759
(6)
Before adoption of a proposed rule, the commission
760
shall hold a public hearing and allow persons to provide oral
761
and written comments, data, facts, opinions, and arguments.
762
(7)
Before adoption of a proposed rule by the commission,
763
and at least 30 days before the meeting at which the commission
764
will hold a public hearing on the proposed rule, the commission
765
shall provide a notice of proposed rulemaking in all of the
766
following manners:
767
(a)
On the website of the commission or other publicly
768
accessible platform.
769
(b)
To persons who have requested notice of the
770
commission’s notices of proposed rulemaking.
771
(c)
In such other ways as the commission may by rule
772
specify.
773
(8)
The notice of proposed rulemaking shall include all of
774
the following information:
775
(a)
The time, date, and location of the public hearing at
776
which the commission will hear public comments on the proposed
777
rule and, if different, the time, date, and location of the
778
meeting where the commission will consider and vote on the
779
proposed rule.
780
(b)
If the hearing is held via telecommunication, video
781
conference, or other electronic means, the commission shall
782
include the mechanism for access to the hearing in the notice of
783
proposed rulemaking.
784
(c)
The text of and reason for the proposed rule.
785
(d)
A request for comments on the proposed rule from any
786
interested person.
787
(e)
The manner in which interested persons may submit
788
written comments.
789
(9)
All hearings will be recorded. A copy of the recording
790
and all written comments and documents received by the
791
commission in response to the proposed rule shall be available
792
to the public.
793
(10)
This article does not require a separate hearing on
794
each rule. Rules may be grouped for the convenience of the
795
commission at hearings required by this article.
796
(11)
The commission shall, by majority vote of all
797
commissioners, take final action on the proposed rule based on
798
the rulemaking record and the full text of the rule.
799
(a)
The commission may adopt changes to the proposed rule,
800
provided the changes are consistent with the original purpose of
801
the proposed rule.
802
(b)
The commission shall provide an explanation of the
803
reasons for substantive changes made to the proposed rule as
804
well as reasons for substantive changes not made which were
805
recommended by commenters.
806
(c)
The commission shall determine a reasonable effective
807
date for the rule. Except for an emergency as provided in
808
subsection (12), the effective date of the rule shall be no
809
sooner than 30 days after issuing the notice that it adopted or
810
amended the rule.
811
(12)
Upon determination that an emergency exists, the
812
commission may consider and adopt an emergency rule with 24
813
hours’ notice, and with opportunity to comment, provided that
814
the usual rulemaking procedures provided in the compact and in
815
this article shall be retroactively applied to the rule as soon
816
as reasonably possible, in no event later than 90 days after the
817
effective date of the rule. For the purposes of this subsection,
818
an emergency rule is one that must be adopted immediately in
819
order to:
820
(a)
Meet an imminent threat to public health, safety, or
821
welfare;
822
(b)
Prevent a loss of commission or member state funds;
823
(c)
Meet a deadline for the adoption of a rule that is
824
established by federal law or rule; or
825
(d)
Protect public health and safety.
826
(13)
The commission or an authorized committee of the
827
commission may direct revisions to a previously adopted rule for
828
purposes of correcting typographical errors, errors in format,
829
errors in consistency, or grammatical errors. Public notice of
830
any revisions shall be posted on the website of the commission.
831
The revision shall be subject to challenge by any person for a
832
period of 30 days after posting. The revision may be challenged
833
only on grounds that the revision results in a material change
834
to a rule. A challenge shall be made in writing and delivered to
835
the commission before the end of the notice period. If no
836
challenge is made, the revision will take effect without further
837
action. If the revision is challenged, the revision may not take
838
effect without the approval of the commission.
839
(14)
A member state’s rulemaking process or procedural
840
requirements do not apply to the commission.
The commission does
841
not have authority over any member state’s rulemaking process or
842
procedural requirements that do not pertain to the compact.
843
(15)
This compact, or any rule or regulation of the
844
commission, does not limit, restrict, or in any way reduce the
845
ability of a member state to enact and enforce laws,
846
regulations, or other rules related to the practice of
847
respiratory therapy in that state, where those laws,
848
regulations, or other rules are not inconsistent with the
849
provisions of this compact.
850
851
ARTICLE X
852
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
853
854
(1)(a)
The executive and judicial branches of state
855
government in each member state shall enforce this compact and
856
take all actions necessary and appropriate to implement this
857
compact.
858
(b)
Venue is proper and judicial proceedings by or against
859
the commission shall be brought solely and exclusively in a
860
court of competent jurisdiction where the principal office of
861
the commission is located. The commission may waive venue and
862
jurisdictional defenses to the extent it adopts or consents to
863
participate in alternative dispute resolution proceedings.
864
Nothing herein affects or limits the selection or propriety of
865
venue in any action against a licensee for professional
866
malpractice, misconduct, or any such similar matter.
867
(c)
The commission is entitled to receive service of
868
process in any proceeding regarding the enforcement or
869
interpretation of this compact and has standing to intervene in
870
such a proceeding for all purposes. Failure to provide the
871
commission service of process shall render a judgment or order
872
void as to the commission, this compact, or adopted rules.
873
(2)(a)
If the commission determines that a member state has
874
defaulted in the performance of its obligations or
875
responsibilities under this compact or the adopted rules, the
876
commission shall provide written notice to the defaulting state.
877
The notice of default shall describe the default, the proposed
878
means of curing the default, and any other action that the
879
commission may take and shall offer training and specific
880
technical assistance regarding the default.
881
(b)
The commission shall provide a copy of the notice of
882
default to the other member states.
883
(3)
If a state in default fails to cure the default, the
884
defaulting state may be terminated from the compact upon an
885
affirmative vote of a majority of the commissioners of the
886
member states, and all rights, privileges, and benefits
887
conferred on that state by this compact may be terminated on the
888
effective date of termination. A cure of the default does not
889
relieve the offending state of obligations or liabilities
890
incurred during the period of default.
891
(4)
Termination of membership in this compact shall be
892
imposed only after all other means of securing compliance have
893
been exhausted. Notice of intent to suspend or terminate shall
894
be given by the commission to the Governor, the Majority Leader
s
895
and Minority Leader
s
of the defaulting state’s Legislature, the
896
defaulting state’s respiratory therapy licensing authority, and
897
each of the member states’ respiratory therapy licensing
898
authorities.
899
(5)
A state that has been terminated is responsible for all
900
assessments, obligations, and liabilities incurred through the
901
effective date of termination, including obligations that extend
902
beyond the effective date of termination, if necessary.
903
(6)
Upon the termination of a state’s membership from this
904
compact, that state shall immediately provide notice to all
905
licensees and compact privilege holders of which the commission
906
has a record within that state of the termination. The
907
terminated state shall continue to recognize all licenses
908
granted pursuant to the compact for a minimum of 180 days after
909
the date of the notice of termination.
910
(7)
The commission may not bear any costs related to a
911
state that is found to be in default or that has been terminated
912
from the compact, unless agreed upon in writing between the
913
commission and the defaulting state.
914
(8)
The defaulting state may appeal the action of the
915
commission by petitioning the United States District Court for
916
the District of Columbia or the federal district where the
917
commission has its principal offices. The prevailing party shall
918
be awarded all costs of such litigation, including reasonable
919
attorney fees.
920
(9)(a)
Upon request by a member state, the commission shall
921
attempt to resolve disputes related to the compact which arise
922
among member states and between member and nonmember states.
923
(b)
The commission shall adopt a rule providing for both
924
mediation and binding dispute resolution for disputes, as
925
appropriate.
926
(10)(a)
By majority vote, as may be further provided by
927
rule, the commission may initiate legal action against a member
928
state in default in the United States District Court for the
929
District of Columbia or the federal district where the
930
commission has its principal offices to enforce compliance with
931
this compact and its adopted rules. A member state, by enactment
932
of this compact, consents to venue and jurisdiction in such
933
court for the purposes provided herein. The relief sought may
934
include both injunctive relief and damages. In the event
935
judicial enforcement is necessary, the prevailing party shall be
936
awarded all costs of such litigation, including reasonable
937
attorney fees. The remedies herein are not the exclusive
938
remedies of the commission. The commission may pursue any other
939
remedies available under federal law or the defaulting member
940
state’s law.
941
(b)
A member state may initiate legal action against the
942
commission in the United States District Court for the District
943
of Columbia or the federal district where the commission has its
944
principal offices to enforce compliance with this compact and
945
its adopted rules. The relief sought may include both injunctive
946
relief and damages. In the event judicial enforcement is
947
necessary, the prevailing party shall be awarded all costs of
948
such litigation, including reasonable attorney fees.
949
(c)
Only a member state may enforce this compact against
950
the commission.
951
952
ARTICLE XI
953
EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
954
955
(1)
This compact shall come into effect on the date on
956
which the compact statute is enacted into law in the seventh
957
member state.
958
(a)
On or after the effective date of the compact, the
959
commission shall convene and review the enactment of each of the
960
first seven member states to determine if the statute enacted by
961
each such charter member state is materially different from the
962
model compact.
963
1.
A charter member state whose enactment is found to be
964
materially different from the model compact is entitled to the
965
default process provided in Article X.
966
2.
If any member state is later found to be in default, or
967
is terminated or withdraws from the compact, the commission
968
shall remain in existence and the compact shall remain in effect
969
even if the number of member states is fewer than seven.
970
(b)
Member states enacting the compact subsequent to the
971
seven initial charter member states shall be subject to the
972
process provided herein and commission rule to determine if such
973
state’s enactments are materially different from the model
974
compact and whether the state qualifies for participation in the
975
compact.
976
(c)
All actions taken for the benefit of the commission or
977
in furtherance of the purposes of the administration of the
978
compact before the effective date of the compact or the
979
commission coming into existence are considered to be actions of
980
the commission unless specifically repudiated by the commission.
981
The commission owns and has all rights to any intellectual
982
property developed on behalf or in furtherance of the commission
983
by individuals or entities involved in organizing or
984
establishing the commission, as may be further provided in
985
commission rules.
986
(d)
Any state that joins the compact subsequent to the
987
commission’s initial adoption of the rules and bylaws is subject
988
to the rules and bylaws as they exist on the date on which the
989
compact becomes law in that state. Any rule or bylaw that has
990
been previously adopted by the commission has the full force and
991
effect of law on the date the compact becomes law in that state.
992
(2)
Any member state may withdraw from this compact by
993
enacting a statute repealing the same.
994
(a)
A member state’s withdrawal does not take effect until
995
180 days after enactment of the repealing statute.
996
(b)
Withdrawal does not affect the continuing requirement
997
of the withdrawing state’s respiratory therapy licensing
998
authority to comply with the investigative and adverse action
999
reporting requirements of this compact before the effective date
1000
of withdrawal.
1001
(c)
Upon the enactment of a statute withdrawing from this
1002
compact, a state shall immediately provide notice of such
1003
withdrawal to all licensees and compact privilege holders of
1004
which the commission has a record within that state.
1005
Notwithstanding any subsequent statutory enactment to the
1006
contrary, such withdrawing state shall continue to recognize all
1007
licenses granted pursuant to this compact for a minimum of 180
1008
days after the date of such notice of withdrawal.
1009
(3)
This compact does not invalidate or prevent any
1010
licensure agreement or other cooperative arrangement between a
1011
member state and a nonmember state that does not conflict with
1012
the provisions of this compact.
1013
(4)
This compact may be amended by the member states. An
1014
amendment to this compact does not become effective and binding
1015
upon any member state until it is enacted into the laws of all
1016
member states.
1017
1018
ARTICLE XII
1019
CONSTRUCTION AND SEVERABILITY
1020
1021
(1)
This compact and the commission’s rulemaking authority
1022
shall be liberally construed so as to effectuate the purposes
1023
and the implementation and administration of the compact.
1024
Provisions of the compact expressly authorizing or requiring the
1025
adoption of rules does not limit the commission’s rulemaking
1026
authority solely for those purposes.
1027
(2)
The provisions of this compact are severable, and if
1028
any phrase, clause, sentence, or provision of this compact is
1029
held by a court of competent jurisdiction to be contrary to the
1030
constitution of any member state, a state seeking participation
1031
in the compact, or the United States, or the applicability
1032
thereof to any government, agency, person, or circumstance is
1033
held to be unconstitutional by a court of competent
1034
jurisdiction, the validity of the remainder of this compact and
1035
the applicability thereof to any other government, agency,
1036
person, or circumstance is not affected.
1037
(3)
Notwithstanding subsection (2), the commission may deny
1038
a state’s participation in the compact or, in accordance with
1039
the requirements of Article X, terminate a member state’s
1040
participation in the compact, if it determines that a
1041
constitutional requirement of a member state is a material
1042
departure from the compact. Otherwise, if the compact is held to
1043
be contrary to the constitution of any member state, the compact
1044
shall remain in full force and effect as to the remaining member
1045
states and in full force and effect as to the member state
1046
affected as to all severable matters.
1047
1048
ARTICLE XIII
1049
CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
1050
1051
(1)
This compact does not prevent or inhibit the
1052
enforcement of any other law of a member state that is not
1053
inconsistent with the compact.
1054
(2)
Any laws, statutes, regulations, or other legal
1055
requirements in a member state in conflict with this compact are
1056
superseded to the extent of the conflict, including any
1057
subsequently enacted state laws.
1058
(3)
All permissible agreements between the commission and
1059
the member states are binding in accordance with their terms.
1060
(4)
Other than as expressly provided herein, this compact
1061
does not impact initial licensure.
1062 Section 2. Subsection (5) of section 456.076, Florida
1063 Statutes, is amended to read:
1064 456.076 Impaired practitioner programs.—
1065 (5) A consultant shall enter into a participant contract
1066 with an impaired practitioner and shall establish the terms of
1067 monitoring and shall include the terms in a participant
1068 contract. In establishing the terms of monitoring, the
1069 consultant may consider the recommendations of one or more
1070 approved evaluators, treatment programs, or treatment providers.
1071 A consultant may modify the terms of monitoring if the
1072 consultant concludes, through the course of monitoring, that
1073 extended, additional, or amended terms of monitoring are
1074 required for the protection of the health, safety, and welfare
1075 of the public. If the impaired practitioner is an audiologist or
1076 a speech-language pathologist practicing under the Audiology and
1077 Speech-Language Pathology Interstate Compact pursuant to s.
1078 468.1335,
a respiratory therapist holding compact privilege
1079
under the Respiratory Care Interstate Compact pursuant to s.
1080
468.371,
a physical therapist or physical therapist assistant
1081 practicing under the Physical Therapy Licensure Compact pursuant
1082 to s. 486.112, a psychologist practicing under the Psychology
1083 Interjurisdictional Compact pursuant to s. 490.0075, or a health
1084 care practitioner practicing under the Professional Counselors
1085 Licensure Compact pursuant to s. 491.017, the terms of the
1086 monitoring contract must include the impaired practitioner’s
1087 withdrawal from all practice under the compact unless authorized
1088 by a member state.
1089 Section 3. Present subsection (3) of section 468.353,
1090 Florida Statutes, is redesignated as subsection (4), and a new
1091 subsection (3) is added to that section to read:
1092 468.353 Board of Respiratory Care; powers and duties.—
1093
(3)
The board shall appoint an individual to serve as the
1094
state’s commissioner on the Respiratory Care Interstate Compact
1095
Commission pursuant to s. 468.371.
1096 Section 4. Section 468.355, Florida Statutes, is amended to
1097 read:
1098 468.355 Licensure requirements.—To be eligible for
1099 licensure by the board, an applicant must be an active
1100 “certified respiratory therapist” or an active “registered
1101 respiratory therapist” as designated by the National Board for
1102 Respiratory Care, or its successor, and submit to background
1103 screening in accordance with s. 456.0135.
A person licensed as a
1104
respiratory therapist in another state who is practicing under
1105
the Respiratory Care Interstate Compact under s. 468.371, and
1106
only within the scope provided therein, is exempt from the
1107
licensure requirements of this section.
1108 Section 5. Subsection (5) is added to section 468.361,
1109 Florida Statutes, to read:
1110 468.361 Renewal of licensure; continuing education.—
1111
(5)
The board may take adverse action against the compact
1112
privilege of a respiratory therapist under s. 468.371 and may
1113
impose any of the penalties in s. 456.072(2) if a respiratory
1114
therapist commits an act specified in s. 468.365(1) or s.
1115
456.072(1).
1116 Section 6. Paragraph (m) is added to subsection (10) of
1117 section 768.28, Florida Statutes, to read:
1118 768.28 Waiver of sovereign immunity in tort actions;
1119 recovery limits; civil liability for damages caused during a
1120 riot; limitation on attorney fees; statute of limitations;
1121 exclusions; indemnification; risk management programs.—
1122 (10)
1123
(m)
For purposes of this section, the individual appointed
1124
under s. 468.371 as the state’s commissioner on the Respiratory
1125
Care Interstate Compact Commission, when serving in that
1126
capacity pursuant to s. 468.371, and any administrator, officer,
1127
executive director, employee, or representative of the
1128
Respiratory Care Interstate Compact Commission, when acting
1129
within the scope of his or her employment, duties, or
1130
responsibilities in this state, is considered an agent of the
1131
state. The commission shall pay any claims or judgments pursuant
1132
to this section and may maintain insurance coverage to pay any
1133
such claims or judgments.
1134 Section 7. This act shall take effect July 1, 2026.