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House
File
2600
-
Introduced
HOUSE
FILE
2600
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
672)
(COMPANION
TO
SF
2139
BY
COMMITTEE
ON
STATE
GOVERNMENT)
A
BILL
FOR
An
Act
enacting
the
athletic
trainer
compact.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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5518HV
(1)
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2600
Section
1.
NEW
SECTION
.
147M.1
Athletic
trainer
compact.
1
1.
Title
and
purpose.
This
statute
shall
be
known
and
2
cited
as
the
athletic
trainer
compact.
The
purposes
of
this
3
compact
are
to
expand
mobility
of
athletic
training
practice
4
and
improve
public
access
to
services
by
providing
qualified
5
licensed
athletic
trainers
the
ability
to
practice
in
other
6
member
states.
This
compact
preserves
the
regulatory
authority
7
of
states
to
protect
public
health
and
safety
through
the
8
current
system
of
state
licensure.
This
compact
is
designed
to
9
achieve
the
following
objectives:
10
a.
Increase
public
access
to
athletic
training
and
enhance
11
continuity
of
care
by
providing
for
the
mutual
recognition
of
12
other
licenses
issued
by
member
states.
13
b.
Provide
an
additional
streamlined
opportunity
for
14
interstate
practice
by
licensed
athletic
trainers
who
meet
15
compact
uniform
requirements.
16
c.
Promote
mobility
and
workforce
development
by
eliminating
17
the
necessity
for
licenses
in
multiple
states
by
providing
18
for
the
mutual
recognition
of
other
licenses
issued
by
member
19
states.
20
d.
Reduce
administrative
burdens
on
licensed
athletic
21
trainers
and
member
states.
22
e.
Enhance
the
states’
ability
to
protect
the
public’s
23
health
and
safety.
24
f.
Encourage
the
cooperation
of
member
states
in
regulating
25
interstate
practice
of
licensed
athletic
trainers.
26
g.
Support
relocating
active
military
members
and
their
27
spouses.
28
h.
Enhance
the
exchange
of
licensure,
investigative,
and
29
disciplinary
information
among
member
states.
30
i.
Allow
for
the
use
of
telehealth
to
facilitate
increased
31
access
to
athletic
training
services.
32
j.
Support
the
uniformity
of
licensed
athletic
trainer
33
licensure
requirements
throughout
the
states.
34
k.
Affirm
the
authority
of
all
member
states
to
hold
a
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licensed
athletic
trainer
accountable
for
abiding
by
the
scope
1
of
practice
in
the
state
in
which
the
patient
is
located
at
the
2
time
of
care.
3
l.
Require
adherence
to
the
model
compact
language
in
order
4
to
promote
uniformity
and
ensure
that
all
member
states
have
5
accepted
and
are
mutually
obligated
to
the
same
terms.
6
2.
Definitions.
As
used
in
this
compact,
unless
the
context
7
requires
otherwise,
the
following
definitions
shall
apply:
8
a.
“Active
military
member”
means
any
individual
with
9
fulltime
duty
status
in
the
active
armed
forces
of
the
United
10
States,
including
members
of
the
national
guard
and
reserve.
11
b.
“Adverse
action”
means
any
administrative,
civil,
12
equitable
or
criminal
action
permitted
by
a
state’s
laws
which
13
is
imposed
by
a
licensing
authority
or
other
authority
against
14
a
licensee,
including
actions
against
an
individual’s
license
15
or
compact
privilege
such
as
revocation,
suspension,
probation,
16
monitoring
of
the
licensee,
limitation
on
the
licensee’s
17
practice,
or
any
other
encumbrance
on
licensure
affecting
a
18
licensee’s
authorization
to
practice.
19
c.
“Alternative
program”
means
a
non-disciplinary
monitoring
20
or
practice
remediation
process
applicable
to
an
athletic
21
trainer
approved
by
a
state
licensing
authority
of
a
member
22
state
in
which
the
athletic
trainer
is
licensed.
This
23
includes,
but
is
not
limited
to,
programs
to
which
licensees
24
with
substance
use,
addiction,
or
mental
health
conditions
are
25
referred
in
lieu
of
adverse
action.
26
d.
“Athletic
trainer
compact
commission”
or
“compact
27
commission”
means
the
government
agency
whose
membership
28
consists
of
all
states
that
have
enacted
this
compact,
as
29
described
herein
and
which
shall
operate
as
an
instrumentality
30
of
the
member
states
to
administer
and
implement
the
compact
31
according
to
its
terms.
32
e.
“Athletic
training”
means
the
prevention,
examination,
33
assessment,
treatment
and
rehabilitation
of
emergent,
acute,
34
or
chronic
injuries
and
medical
conditions
as
defined
by
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applicable
member
state
laws
and
regulations.
1
f.
“BOC”
means
the
board
of
certification,
inc.,
or
any
2
successor
organization
thereto.
3
g.
“CAATE”
means
the
commission
on
accreditation
of
athletic
4
training
education
or
any
successor
organization
thereto.
5
h.
“Charter
member
state”
means
any
member
state
which
6
enacted
and
made
effective
this
compact
by
law
before
the
7
compact
effective
date
specified
herein.
8
i.
“Commissioner”
means
the
individual
appointed
by
a
member
9
state
to
serve
as
the
member
of
the
commission
for
that
member
10
state.
11
j.
“Compact
privilege”
means
the
legal
authorization
granted
12
by
a
remote
state,
equivalent
to
a
license,
allowing
a
licensee
13
from
another
member
state
to
provide
athletic
training
services
14
in
a
remote
state.
15
k.
“Compact
qualifying
license”
means
a
license
that
is
not
16
an
encumbered
license
issued
by
a
member
state
to
practice
17
athletic
training
which
qualifies
the
licensee
to
exercise
a
18
compact
privilege
pursuant
to
subsection
4
of
this
compact.
19
l.
“Continuing
competence”
means
a
requirement,
as
a
20
condition
of
license
renewal,
to
provide
evidence
of
successful
21
participation,
and
completion
of,
educational
and
professional
22
activities
relevant
to
practice
or
area
of
work.
For
purposes
23
of
this
compact,
evidence
of
active
BOC
certification
may
24
satisfy
the
meaning
of
continuing
competence
as
set
forth
25
herein.
26
m.
“Criminal
background
check”
means
the
submission
of
27
fingerprints
or
other
biometric-based
information
for
a
28
license
applicant
for
the
purpose
of
obtaining
that
applicant’s
29
criminal
history
record
information,
as
defined
in
28
C.F.R.
30
§20.3(d),
from
the
federal
bureau
of
investigation
and
the
31
state’s
criminal
history
record
repository
as
defined
in
28
32
C.F.R.
§20.3(f).
33
n.
“Current
significant
investigative
information”
means
the
34
existence
of
any
of
the
following:
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(1)
Investigative
information
that
a
licensing
authority,
1
after
a
preliminary
inquiry
that
includes
notification
and
an
2
opportunity
for
the
subject
licensee
to
respond,
if
required
3
by
state
law,
has
reason
to
believe
is
not
groundless
and,
if
4
proven
true,
would
indicate
more
than
a
minor
infraction.
5
(2)
Investigative
information
that
indicates
that
the
6
subject
licensee
represents
an
immediate
threat
to
public
7
health
and
safety
regardless
of
whether
the
subject
licensee
8
has
been
notified
and
had
an
opportunity
to
respond.
9
o.
“Data
system”
means
the
commission’s
repository
of
10
information
about
licensees,
including
but
not
limited
to
11
examinations,
licensure,
investigative
information,
compact
12
privileges,
adverse
actions,
and
alternative
programs.
13
p.
“Encumbrance”
or
“encumbered”
means
a
revocation
or
14
suspension
of,
or
any
limitation
or
condition
on,
the
full
and
15
unrestricted
practice
of
athletic
training.
16
q.
“Executive
committee”
means
a
group
of
commissioners
17
elected
or
appointed
to
act
on
behalf
of,
and
within
the
powers
18
granted
to
them
by,
the
compact
and
commission.
19
r.
“Investigative
information”
means
information,
records,
20
and
documents
received
or
generated
by
a
licensing
authority
21
pursuant
to
an
investigation.
22
s.
“Jurisprudence
requirement”
means
the
assessment
of
an
23
individual’s
knowledge
of
the
laws
and
rules
governing
the
24
practice
of
athletic
training,
as
applicable,
in
a
state.
25
t.
“License”
means
current
authorization
by
a
member
state
26
to
engage
in
the
practice
of
athletic
training.
27
u.
“Licensee”
or
“licensed
athletic
trainer”
means
an
28
individual
who
currently
holds
an
active,
unrestricted
license
29
and
who
meets
all
of
the
requirements
outlined
in
subsection
30
4
of
this
compact.
31
v.
“Licensing
authority”
means
the
board
or
agency
of
a
32
state,
or
equivalent,
that
is
responsible
for
the
licensing
and
33
regulation
of
athletic
trainers.
34
w.
“Member
state”
means
a
state
that
has
enacted
the
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compact.
1
x.
“Model
compact
language”
means
the
model
language
for
2
the
athletic
trainer
compact
on
file
with
the
council
of
state
3
governments
or
other
entity
as
designated
by
the
commission
to
4
which
all
member
states
must
substantively
adhere
and
adopt.
5
y.
“Remote
state”
means
a
member
state
other
than
the
state
6
of
qualifying
licensure.
7
z.
“Rule”
means
a
regulation
promulgated
by
an
authorized
8
entity
that
has
the
force
of
law.
9
aa.
“Scope
of
practice”
means
the
procedures,
actions,
10
and
processes
an
athletic
trainer
licensed
in
a
state
is
11
permitted
to
undertake
in
that
state
and
the
circumstances
12
under
which
the
licensee
is
permitted
to
undertake
those
13
procedures,
actions
and
processes.
Such
procedures,
actions
14
and
processes
and
the
circumstances
under
which
they
may
be
15
undertaken
may
be
established
through
means,
including,
but
16
not
limited
to,
statute,
regulations,
case
law,
and
other
17
processes
available
to
the
state
licensing
authority
or
other
18
government
agency.
Scope
of
practice
shall
include
any
state
19
requirements
regarding
supervision
or
direction,
if
required
by
20
such
state
and
as
further
defined
by
such
state’s
statutes
and
21
regulations.
22
ab.
“Single
state
license”
means
a
license
issued
by
any
23
state
that
authorizes
practice
only
within
the
issuing
state.
24
ac.
“State”
means
any
state,
commonwealth,
district,
or
25
territory
of
the
United
States
of
America.
26
ad.
“State
of
qualifying
licensure”
means
the
member
state
27
who
has
issued
a
compact
qualifying
license
to
a
licensee
28
pursuant
to
this
compact.
29
ae.
“Unencumbered
license”
means
a
license
that
authorizes
30
a
licensee
to
engage
in
the
full
and
unrestricted
practice
of
31
athletic
training.
32
3.
State
participation
in
the
compact.
33
a.
To
be
eligible
to
join
this
compact
and
to
maintain
34
eligibility
as
a
member
state,
a
state
must
do
all
of
the
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following:
1
(1)
Enact
and
maintain
a
statute
that
is
not
materially
2
different
from
the
model
compact
language.
3
(2)
License
and
regulate
the
practice
of
athletic
training.
4
(3)
Require
that
licensees
in
that
state
maintain
5
continuing
competence
standards
as
part
of
their
state
practice
6
act
or
rules.
7
(4)
Have
a
mechanism
in
place
for
receiving
and
8
investigating
complaints
about
licensees.
9
(5)
Grant
the
compact
privilege
to
a
licensee
who
meets
all
10
the
requirements
outlined
in
subsection
4
in
accordance
with
11
the
terms
of
the
compact
and
any
rules
promulgated
thereunder.
12
(6)
Participate
fully
in
the
compact
commission’s
data
13
system,
including
using
the
unique
identifier
as
defined
in
14
rules.
15
(7)
Notify
the
compact
commission,
in
compliance
with
the
16
terms
of
the
compact
and
rules,
of
any
adverse
action
or
the
17
availability
of
current
significant
investigative
information
18
regarding
a
licensee.
19
(8)
Within
a
time
frame
established
by
rule,
implement
or
20
utilize
procedures
for
considering
the
criminal
history
records
21
of
applicants
for
a
compact
qualifying
license
which
includes
22
receiving
the
results
of
the
federal
bureau
of
investigation
23
record
search
and
using
those
results
in
making
licensure
24
decisions.
These
procedures
shall
include
the
submission
of
25
fingerprints
or
other
biometric-based
information
by
applicants
26
for
the
purpose
of
obtaining
an
applicant’s
criminal
history
27
record
information
from
the
federal
bureau
of
investigation
28
and
the
agency
responsible
for
retaining
that
state’s
criminal
29
records.
30
(a)
A
member
state
must
fully
implement
a
criminal
31
background
check
requirement
in
order
to
participate
in
the
32
issuance
and
acceptance
of
compact
privileges.
33
(b)
Communication
between
a
member
state
and
the
compact
34
commission
or
among
member
states
regarding
the
verification
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of
eligibility
for
licensure
through
the
compact
shall
not
1
include
any
information
received
from
the
federal
bureau
of
2
investigation
relating
to
a
federal
criminal
records
check
3
performed
by
a
member
state.
4
(9)
Comply
with
and
enforce
the
rules
of
the
compact
5
commission.
6
b.
Member
states
may
set
and
collect
a
fee
for
issuance
and
7
renewal
of
a
compact
privilege
to
applicants.
8
c.
Individuals
without
a
compact
qualifying
license
shall
9
continue
to
be
able
to
apply
for
a
member
state’s
single
state
10
license
as
provided
under
the
laws
of
each
member
state.
11
d.
Nothing
in
this
compact
shall
affect
the
requirements
12
established
by
a
member
state
for
the
issuance
of
a
single
13
state
license.
14
e.
A
compact
qualifying
license
shall
be
recognized
by
each
15
remote
state
as
authorizing
that
licensee
to
engage
in
the
16
practice
of
athletic
training,
under
a
compact
privilege,
in
17
another
member
state
in
accordance
with
the
requirements
in
18
subsection
4.
19
4.
Compact
privilege.
20
a.
To
be
eligible
for
a
compact
privilege
under
the
terms
21
and
provisions
of
the
compact,
the
licensee
shall
complete
a
22
criminal
background
check
performed
by
the
licensing
authority
23
in
the
state
of
qualifying
licensure
prior
to
entry
in
the
24
compact
and
shall
do
all
of
the
following:
25
(1)
Satisfy
one
of
the
following:
26
(a)
Hold
a
valid
current
active
certification
through
the
27
BOC,
or
its
successor
organization.
28
(b)
If
a
licensee
does
not
meet
the
requirements
of
29
subsection
4,
paragraph
“a”
,
subparagraph
(1),
subparagraph
30
division
(a),
the
licensee
must
complete
all
of
the
following:
31
(i)
An
education
program
that
is
any
of
the
following:
32
(A)
At
least
a
bachelor’s
degree
with
a
major
course
33
of
study
in
athletic
training,
or
an
equivalent
course
of
34
study
from
a
college
or
university
accredited
at
the
time
of
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graduation
by
CAATE,
or
its
successor
organization.
1
(B)
An
academic
degree
from
a
college
or
university
in
2
a
foreign
country
equivalent
to
the
degree
described
in
3
subparagraph
part
(A)
with
a
major
course
of
study
as
described
4
in
subparagraph
part
(A)
that
is
accredited
by
CAATE,
or
its
5
successor
organization.
6
(C)
The
substantial
equivalent
of
the
foregoing
which
the
7
commission
may
determine
by
rule.
8
(ii)
Successful
completion
of
the
exam
administered
by
9
the
BOC,
or
its
successor
organization,
preceding
the
date
10
of
the
licensee’s
application
for
licensure
in
their
state
11
of
qualifying
licensure
or
the
substantial
equivalent
of
the
12
foregoing
requirement
which
the
commission
may
determine
by
13
rule.
14
(2)
Hold
a
compact
qualifying
license.
15
(3)
Have
not
had
any
encumbrance
against
any
license
or
16
compact
privilege
to
practice
athletic
training
within
the
17
previous
two
years.
18
(4)
Be
eligible
for
a
compact
privilege
in
any
member
state
19
in
accordance
with
this
subsection
4.
20
(5)
Notify
the
compact
commission
that
the
licensee
is
21
seeking
the
compact
privilege
within
a
remote
state.
22
(6)
Pay
any
applicable
fees,
including
any
state
fee,
for
23
the
compact
privilege.
24
(7)
Meet
only
the
continuing
competence
requirements
25
established
by
the
state
of
qualifying
licensure.
26
(8)
Comply
with
any
requirements
of
the
state
of
qualifying
27
licensure
as
set
forth
in
subsection
3.
28
(9)
Meet
any
jurisprudence
requirements
established
by
29
the
remote
state
in
which
the
licensee
is
seeking
a
compact
30
privilege.
31
(10)
Report
to
the
compact
commission
any
adverse
action,
32
encumbrance,
or
restriction
on
a
license
taken
by
any
nonmember
33
state
within
thirty
days
from
the
date
the
action
is
taken.
34
b.
The
compact
privilege
is
valid
until
the
expiration
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date
of
the
compact
qualifying
license.
To
maintain
a
compact
1
privilege,
renewal
of
the
compact
privilege
shall
be
congruent
2
with
the
renewal
of
the
compact
qualifying
license
as
the
3
compact
commission
may
define
by
rule.
The
licensee
must
4
comply
with
the
requirements
of
this
section
to
maintain
the
5
compact
privilege
in
the
remote
state.
A
licensee
may
apply
6
for
and
hold
compact
privileges
in
multiple
member
states.
7
c.
A
licensed
athletic
trainer
must
follow
the
scope
of
8
practice
of
the
member
state
where
the
patient
is
located.
A
9
licensee
engaging
in
the
practice
of
athletic
training
in
a
10
remote
state
under
the
compact
privilege
shall
adhere
to
the
11
scope
of
practice
laws
and
regulations
of
the
remote
state.
12
Licensees
shall
be
responsible
for
educating
themselves
on,
13
and
complying
with,
any
and
all
scope
of
practice
laws
and
14
regulations
and
state
laws
relating
to
the
remote
practice
of
15
athletic
training,
as
applicable.
16
d.
A
licensee
engaging
in
the
practice
of
athletic
training
17
in
a
remote
state
is
subject
to
that
state’s
regulatory
18
authority.
A
remote
state
may,
in
accordance
with
due
process
19
and
that
state’s
laws,
remove
a
licensee’s
compact
privilege
in
20
the
remote
state
for
a
specific
period
of
time,
impose
fines,
21
or
take
any
other
necessary
actions
to
protect
the
health
and
22
safety
of
its
citizens.
Any
member
state
which
undertakes
23
such
an
action
shall
promptly
notify
the
member
state
and
the
24
commission
as
specified
in
the
rules.
The
licensee
may
be
25
deemed
to
be
ineligible
to
exercise
the
compact
privilege
by
26
any
member
state
until
the
specific
time
for
removal
has
passed
27
and
all
fines
are
paid.
28
e.
All
member
state
disciplinary
orders
that
impose
adverse
29
action
against
a
compact
qualifying
license
shall
result
30
in
deactivation
of
the
licensee’s
compact
privilege
in
all
31
member
states
during
the
pendency
of
the
order.
If
a
compact
32
qualifying
license
is
encumbered,
the
licensee
shall
lose
33
the
compact
privilege
in
any
remote
state
until
all
of
the
34
following
occur:
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(1)
The
compact
qualifying
license
is
no
longer
encumbered.
1
(2)
The
licensee
has
not
had
any
encumbrance
or
restriction
2
against
any
license,
compact
qualifying
license
or
compact
3
privilege
within
the
previous
two
years.
4
f.
Once
an
encumbered
license
is
restored
to
good
standing
5
as
a
compact
qualifying
license,
as
certified
by
the
licensing
6
authority,
the
licensee
must
meet
the
requirements
of
this
7
subsection
to
obtain
a
compact
privilege
in
any
remote
state.
8
g.
If
a
licensee’s
compact
privilege
in
any
remote
state
is
9
removed,
that
licensee
may
also
lose
the
compact
privilege
in
10
other
remote
states,
as
each
member
state
shall
determine
in
11
its
sole
authority,
until
all
of
the
following
occur:
12
(1)
The
specific
period
of
time
for
which
the
compact
13
privilege
was
removed
has
ended.
14
(2)
All
fines
have
been
paid.
15
(3)
The
licensee
has
not
had
any
encumbrance
or
restriction
16
against
any
license
or
compact
privilege
within
the
previous
17
two
years.
18
h.
Once
the
requirements
of
paragraph
“g”
have
been
met,
the
19
licensee
must
meet
the
requirements
of
paragraph
“a”
to
obtain
a
20
compact
privilege
in
a
remote
state.
21
5.
Compact
qualifying
license.
22
a.
A
licensee
may
only
designate
one
license
as
the
23
licensee’s
compact
qualifying
license
at
a
time.
The
24
procedures
for
such
designation
may
be
further
defined
by
25
compact
commission
rule.
26
b.
Nothing
in
this
subsection
shall
require
that
the
state
27
of
qualifying
licensure
be
the
state
of
primary
residence
or
28
state
of
primary
practice
for
the
licensee.
29
c.
Nothing
in
this
compact
shall
interfere
with
a
licensee’s
30
ability
to
hold
a
single
state
license
in
multiple
states.
31
d.
Nothing
in
this
compact
shall
affect
the
requirements
32
established
by
a
member
state
for
the
issuance
of
a
single
33
state
license.
34
6.
Active
military
members
or
their
spouses.
An
active
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military
member
or
their
spouse
shall
not
be
required
to
pay
1
a
fee
to
the
commission
for
a
compact
privilege.
If
a
member
2
state
chooses
to
charge
a
member
state
fee,
it
may
choose
to
3
charge
a
reduced
fee
or
no
fee
to
an
active
military
member
or
4
their
spouse
for
a
compact
privilege.
5
7.
Adverse
actions.
6
a.
A
member
state
in
which
a
licensee
is
issued
a
compact
7
qualifying
license
shall
have
the
exclusive
authority
to
impose
8
adverse
action
against
the
compact
qualifying
license
issued
by
9
that
member
state.
10
b.
A
member
state
may
take
adverse
action
based
on
current
11
significant
investigative
information
of
a
remote
state,
12
so
long
as
the
member
state
follows
its
own
procedures
for
13
imposing
adverse
action.
14
c.
Nothing
in
this
compact
shall
override
a
member
state’s
15
decision
that
participation
in
an
alternative
program
may
be
16
used
in
lieu
of
adverse
action
and
that
such
participation
17
shall
remain
nonpublic
if
required
by
the
member
state’s
laws
18
or
rules.
19
d.
A
remote
state
shall
have
the
authority
to
do
all
of
the
20
following:
21
(1)
Take
adverse
actions
as
set
forth
herein
against
a
22
licensee’s
compact
privilege
in
that
state.
23
(2)
Issue
subpoenas
for
both
hearings
and
investigations
24
that
require
the
attendance
and
testimony
of
witnesses
as
well
25
as
the
production
of
evidence.
26
(a)
Subpoenas
may
be
issued
by
a
member
state
athletic
27
training
licensing
authority
for
the
attendance
and
testimony
28
of
witnesses
and
the
production
of
evidence.
29
(b)
A
member
state
which
issues
a
subpoena
may
request
30
service
of
that
subpoena
by
another
member
state.
The
member
31
state
receiving
the
request
to
serve
a
subpoena
shall
serve
the
32
subpoena
if
it
is
deemed
enforceable
by
a
court
of
competent
33
jurisdiction
according
to
the
practice
and
procedure
in
the
34
receiving
member
state.
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(c)
The
issuing
authority
shall
pay
any
witness
fees,
travel
1
expenses,
mileage,
and
other
fees
required
by
the
service
2
statutes
of
the
state
where
the
witnesses
or
evidence
are
3
located.
4
e.
For
purposes
of
taking
adverse
action,
a
member
state
5
shall
give
the
same
priority
and
effect
to
reported
conduct
6
received
from
another
member
state
as
it
would
if
the
conduct
7
had
occurred
within
that
state.
In
so
doing,
the
investigating
8
member
state
shall
apply
its
own
state
laws
to
determine
9
appropriate
action.
10
f.
A
member
state,
if
otherwise
permitted
by
state
law,
may
11
recover
from
the
affected
licensee
the
costs
of
investigations
12
and
dispositions
of
cases
resulting
from
any
adverse
action
13
taken
against
that
licensee.
14
g.
Joint
investigations.
15
(1)
In
addition
to
the
authority
granted
to
a
member
state
16
by
its
respective
state
law,
any
member
state
may
participate
17
with
other
member
states
in
joint
investigations
of
licensees.
18
(2)
Member
states
shall
share
any
current
significant
19
investigative
information,
litigation,
or
compliance
materials
20
in
furtherance
of
any
joint
or
individual
investigation
21
initiated
under
the
compact.
In
sharing
such
information
22
between
member
state
athletic
trainer
licensing
authorities,
23
all
information
obtained
shall
be
kept
confidential,
except
as
24
otherwise
mutually
agreed
upon
by
the
sharing
and
receiving
25
member
state.
26
(3)
A
remote
state
may
issue
subpoenas
on
behalf
of
a
member
27
state
for
both
hearings
and
investigations
that
require
the
28
attendance
and
testimony
of
witnesses
as
well
as
the
production
29
of
evidence.
30
h.
If
a
member
state
takes
adverse
action,
it
shall
promptly
31
notify
the
administrator
of
the
data
system.
The
administrator
32
of
the
data
system
shall
promptly
notify
all
member
states
of
33
any
adverse
actions
by
remote
states.
34
i.
Nothing
in
this
compact
permits
a
member
state
to
take
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any
adverse
action
against
a
licensee
or
holder
of
a
compact
1
privilege
for
conduct
or
practice
occurring
in
another
member
2
state
that
was
legal
in
the
member
state
at
the
time
it
was
3
undertaken.
4
8.
Establishment
and
operation
of
the
commission.
5
a.
The
compact
member
states
hereby
create
and
establish
a
6
joint
government
agency
whose
membership
consists
of
all
member
7
states
that
have
enacted
the
compact
known
as
the
athletic
8
trainer
licensure
compact
commission.
The
compact
commission
9
is
an
instrumentality
of
the
member
states
acting
jointly
10
and
not
an
instrumentality
of
any
one
state.
The
compact
11
commission
shall
come
into
existence
on
or
after
the
effective
12
date
of
the
compact
as
set
forth
in
subsection
12.
13
b.
Membership,
voting,
and
meetings.
14
(1)
Each
member
state
shall
have
and
be
limited
to
one
15
commissioner
selected
by
that
member
state’s
licensing
16
authority
within
sixty
days
of
the
member
state’s
effective
17
date.
18
(2)
The
commissioner
shall
be
an
administrator
or
their
19
designated
staff
or
current
board
member
of
the
licensing
20
authority.
21
(3)
The
compact
commission
may
recommend
removal
or
22
suspension
of
any
commissioner
from
office.
23
(4)
A
member
state’s
licensing
authority
shall
fill
any
24
vacancy
of
its
commissioner
occurring
on
the
compact
commission
25
within
sixty
days
of
the
vacancy.
26
(5)
Each
commissioner
shall
be
entitled
to
one
vote
on
all
27
matters
before
the
compact
commission
requiring
a
vote
by
the
28
commissioners.
29
(6)
The
compact
commission
shall
meet
at
least
once
30
during
each
calendar
year.
Additional
meetings
may
be
held
31
as
set
forth
in
the
commission
bylaws.
A
commissioner
shall
32
vote
in
person
or
by
such
other
means
as
provided
in
the
33
bylaws.
The
bylaws
may
provide
for
commissioners
to
meet
34
by
telecommunication,
videoconference,
or
other
means
of
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communication.
1
c.
The
compact
commission
shall
have
the
following
powers:
2
(1)
Promulgate,
adopt,
and
amend
rules
and
bylaws.
3
(2)
Establish
code
of
conduct,
confidentiality,
and
4
conflict
of
interest
policies
for
commissioners.
5
(3)
Establish
the
fiscal
year
of
the
compact
commission.
6
(4)
Maintain
its
financial
records
in
accordance
with
the
7
bylaws.
8
(5)
Purchase
and
maintain
insurance
and
insurance
bonds.
9
(6)
Accept,
or
contract
for
services
of
personnel,
10
including,
but
not
limited
to,
employees
of
a
member
state.
11
(7)
Conduct
a
financial
review
or
audit.
12
(8)
Hire
employees,
elect
or
appoint
officers,
fix
13
compensation,
define
duties,
grant
such
individuals
appropriate
14
authority
to
carry
out
the
purposes
of
the
compact,
and
15
establish
the
compact
commission’s
personnel
policies
and
16
programs
relating
to
conflicts
of
interest,
qualifications
of
17
personnel,
and
other
related
personnel
matters.
18
(9)
Enter
into
contracts
or
arrangements
for
the
management
19
of
the
affairs
of
the
commission.
20
(10)
Assess
and
collect
fees.
21
(11)
Accept
any
and
all
appropriate
gifts,
donations,
22
grants
of
money,
other
sources
of
revenue,
equipment,
supplies,
23
materials,
and
services,
and
receive,
utilize,
and
dispose
of
24
the
same,
provided
that
at
all
times
the
compact
commission
25
shall
avoid
any
appearance
of
impropriety
or
conflict
of
26
interest.
27
(12)
Lease,
purchase,
retain,
own,
hold,
improve,
invest,
28
or
use
any
property,
real,
personal,
or
mixed,
or
any
undivided
29
interest
therein.
30
(13)
Sell,
convey,
mortgage,
pledge,
lease,
exchange,
31
abandon,
or
otherwise
dispose
of
any
property
real,
personal,
32
or
mixed.
33
(14)
Establish
a
budget
and
make
expenditures.
34
(15)
Borrow
and
invest
money.
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(16)
Meet
and
take
such
actions
as
are
consistent
with
the
1
provisions
of
this
compact,
the
compact
commission’s
rules,
and
2
the
bylaws.
3
(17)
Initiate
and
conclude
legal
proceedings
or
actions
in
4
the
name
of
the
compact
commission,
provided
that
the
standing
5
of
any
licensing
authority
to
sue
or
be
sued
under
applicable
6
law
shall
not
be
affected.
7
(18)
Maintain
and
certify
records
and
information
provided
8
to
a
member
state
as
the
authenticated
business
records
of
the
9
compact
commission,
and
designate
an
agent
to
do
so
on
the
10
compact
commission’s
behalf.
11
(19)
Provide
and
receive
information
from,
and
cooperate
12
with,
law
enforcement
agencies.
13
(20)
Determine
whether
a
state’s
adopted
language
is
14
materially
different
from
the
model
compact
language
such
that
15
the
state
would
not
qualify
for
participation
in
the
compact.
16
(21)
Establish
and
elect
an
executive
committee,
including
17
a
chair
and
a
vice
chair,
secretary,
treasurer,
and
such
other
18
offices
as
the
commission
shall
establish
by
rule
or
bylaw.
19
(22)
Appoint
committees,
including
standing
committees,
20
composed
of
member
state
commissioners,
state
regulators,
21
state
legislators
or
their
representatives,
and
consumer
22
representatives,
and
such
other
interested
persons
as
may
be
23
designated
in
this
compact
and
the
bylaws.
24
(23)
Perform
such
other
functions
as
may
be
necessary
or
25
appropriate
to
achieve
the
purposes
of
this
compact.
26
d.
The
executive
committee.
27
(1)
The
executive
committee
shall
have
the
power
to
act
28
on
behalf
of
the
compact
commission
according
to
the
terms
of
29
this
compact.
The
powers,
duties,
and
responsibilities
of
the
30
executive
committee
shall
include
all
of
the
following:
31
(a)
Exercise
the
powers
and
duties
of
the
compact
commission
32
during
the
interim
between
compact
commission
meetings,
except
33
for
adopting
or
amending
rules,
adopting
or
amending
bylaws,
34
and
exercising
any
other
powers
and
duties
expressly
reserved
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to
the
compact
commission
by
rule
or
bylaw.
1
(b)
Oversee
the
day-to-day
activities
of
the
administration
2
of
the
compact
including
enforcement
and
compliance
with
the
3
provisions
of
the
compact,
its
rules
and
bylaws,
and
other
such
4
duties
as
deemed
necessary.
5
(c)
Recommend
to
the
compact
commission
changes
to
the
rules
6
or
bylaws,
changes
to
this
compact
legislation,
fees
charged
7
to
compact
member
states,
fees
charged
to
licensees,
and
other
8
fees.
9
(d)
Ensure
compact
administration
services
are
10
appropriately
provided,
including
by
contract.
11
(e)
Prepare
and
recommend
the
budget.
12
(f)
Maintain
financial
records
on
behalf
of
the
compact
13
commission.
14
(g)
Monitor
compact
compliance
of
member
states
and
provide
15
compliance
reports
to
the
compact
commission.
16
(h)
Establish
additional
committees
as
necessary.
17
(i)
Other
duties
as
provided
in
the
rules
or
bylaws
of
the
18
compact
commission.
19
(2)
The
executive
committee
shall
be
composed
of
five
voting
20
members,
elected
by
the
compact
commission.
21
(a)
The
chair
and
vice
chair
of
the
compact
commission,
22
shall
be
voting
members
of
the
executive
committee.
23
(b)
The
compact
commission
shall
elect
up
to
three
24
additional
voting
members
from
the
current
membership
of
25
the
compact
commission
to
include
the
offices
of
treasurer,
26
secretary,
and
one
member-at-large.
27
(c)
Up
to
four
ex
officio,
nonvoting
members
from
recognized
28
national
athletic
trainer
organizations.
29
(3)
The
compact
commission
may
remove
any
member
of
the
30
executive
committee
as
provided
in
the
compact
commission’s
31
bylaws.
32
(4)
The
executive
committee
shall
meet
at
least
annually.
33
(a)
Executive
committee
meetings
shall
be
open
to
the
34
public,
except
that
the
executive
committee
may
meet
in
a
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closed,
nonpublic
meeting
as
provided
in
this
subsection.
1
(b)
The
executive
committee
shall
give
advance
notice
of
its
2
meetings,
posted
on
its
internet
site
and
as
determined
by
rule
3
or
bylaw
to
provide
notice
to
persons
with
an
interest
in
the
4
business
of
the
compact
commission.
5
(c)
The
executive
committee
may
hold
a
special
meeting
in
6
accordance
with
this
subsection.
7
e.
The
compact
commission
shall
adopt
and
provide
to
the
8
member
states
an
annual
report.
9
f.
Meetings
of
the
compact
commission.
10
(1)
All
meetings
shall
be
open
to
the
public,
except
that
11
the
compact
commission
may
meet
in
a
closed,
nonpublic
meeting
12
as
provided
in
this
paragraph.
13
(2)
Public
notice
for
all
meetings
of
the
full
compact
14
commission
of
meetings
shall
be
given
in
the
same
manner
as
15
required
under
the
rulemaking
provisions
in
this
compact,
16
except
that
the
compact
commission
may
hold
a
special
meeting
17
as
provided
in
this
paragraph.
18
(3)
The
compact
commission
may
hold
a
special
meeting
19
when
it
must
meet
to
conduct
emergency
business
by
giving
20
twenty-four
hours’
notice
to
all
commissioners,
on
the
compact
21
commission’s
internet
site,
and
other
means
as
provided
in
the
22
compact
commission’s
rules.
The
compact
commission’s
legal
23
counsel
shall
certify
that
the
compact
commission’s
need
to
24
meet
qualifies
as
an
emergency.
25
(4)
The
compact
commission
or
the
executive
committee
26
or
other
committees
of
the
compact
commission
may
convene
27
in
a
closed,
nonpublic
meeting
for
the
compact
commission
28
or
executive
committee
or
other
committees
of
the
compact
29
commission
to
receive
legal
advice
or
to
discuss
any
of
the
30
following:
31
(a)
Noncompliance
of
a
member
state
with
its
obligations
32
under
the
compact.
33
(b)
The
employment,
compensation,
discipline
or
other
34
matters,
practices
or
procedures
related
to
specific
employees.
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(c)
Current
or
threatened
discipline
of
a
licensee
by
a
1
member
state’s
licensing
authority.
2
(d)
Current,
threatened,
or
reasonably
anticipated
3
litigation.
4
(e)
Negotiation
of
contracts
for
the
purchase,
lease,
or
5
sale
of
goods,
services,
or
real
estate.
6
(f)
Accusing
any
person
of
a
crime
or
formally
censuring
any
7
person.
8
(g)
Trade
secrets
or
commercial
or
financial
information
9
that
is
privileged
or
confidential.
10
(h)
Information
of
a
personal
nature
where
disclosure
would
11
constitute
a
clearly
unwarranted
invasion
of
personal
privacy.
12
(i)
Investigative
records
compiled
for
law
enforcement
13
purposes.
14
(j)
Information
related
to
any
investigative
reports
15
prepared
by
or
on
behalf
of
or
for
use
of
the
compact
16
commission
or
other
committee
charged
with
responsibility
of
17
investigation
or
determination
of
compliance
issues
pursuant
18
to
the
compact.
19
(k)
Matters
specifically
exempted
from
disclosure
by
20
federal
or
member
state
law.
21
(l)
Other
matters
as
specified
in
rules
of
the
compact
22
commission.
23
(5)
If
a
meeting,
or
portion
of
a
meeting,
is
closed,
the
24
compact
commission’s
legal
counsel
or
designee
shall
certify
25
that
the
meeting
will
be
closed
and
reference
each
relevant
26
exempting
provision,
and
such
reference
shall
be
recorded
in
27
the
minutes.
All
minutes
and
documents
of
a
closed
meeting
28
shall
remain
under
seal,
subject
to
release
only
by
a
majority
29
vote
of
the
compact
commission
or
order
of
a
court
of
competent
30
jurisdiction.
31
g.
Financing
of
the
compact
commission.
32
(1)
The
compact
commission
shall
pay,
or
provide
for
the
33
payment
of,
the
reasonable
expenses
of
its
establishment,
34
organization,
and
ongoing
activities.
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(2)
The
compact
commission
may
accept
any
and
all
1
appropriate
revenue
sources
as
provided
in
this
section.
2
(3)
The
compact
commission
may
levy
on
and
collect
an
3
annual
assessment
from
each
member
state
and
impose
fees
4
on
licensees
of
member
states
to
whom
it
grants
a
compact
5
privilege
to
cover
the
cost
of
the
operations
and
activities
6
of
the
compact
commission
and
its
staff,
which
must
be
in
a
7
total
amount
sufficient
to
cover
its
annual
budget
as
approved
8
each
year
for
which
revenue
is
not
provided
by
other
sources.
9
The
aggregate
annual
assessment
amount
for
member
states
shall
10
be
allocated
based
upon
a
formula
that
the
compact
commission
11
shall
promulgate
by
rule.
12
(4)
The
compact
commission
shall
not
incur
obligations
of
13
any
kind
prior
to
securing
the
funds
or
a
loan
adequate
to
meet
14
the
same;
nor
shall
the
compact
commission
pledge
the
credit
of
15
any
of
the
member
states,
except
by
and
with
the
authority
of
16
the
member
state.
17
(5)
The
compact
commission
shall
keep
accurate
accounts
of
18
all
receipts
and
disbursements.
The
receipts
and
disbursements
19
of
the
compact
commission
shall
be
subject
to
the
financial
20
review
or
audit
and
accounting
procedures
established
under
21
its
bylaws.
However,
all
receipts
and
disbursements
of
funds
22
handled
by
the
compact
commission
shall
be
subject
to
an
annual
23
financial
review
or
audit
by
a
certified
or
licensed
public
24
accountant,
and
the
report
of
the
financial
review
or
audit
25
shall
be
included
in
and
become
part
of
the
annual
report
of
26
the
compact
commission.
27
h.
Qualified
immunity,
defense,
and
indemnification.
28
(1)
The
members,
officers,
executive
director,
employees
29
and
representatives
of
the
compact
commission
shall
be
immune
30
from
suit
and
liability,
both
personally
and
in
their
official
31
capacity,
for
any
claim
for
damage
to
or
loss
of
property
or
32
personal
injury
or
other
civil
liability
caused
by
or
arising
33
out
of
any
actual
or
alleged
act,
error,
or
omission
that
34
occurred,
or
that
the
person
against
whom
the
claim
is
made
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had
a
reasonable
basis
for
believing
occurred
within
the
scope
1
of
compact
commission
employment,
duties
or
responsibilities;
2
provided
that
nothing
in
this
subparagraph
shall
be
construed
3
to
protect
any
such
person
from
suit
or
liability
for
any
4
damage,
loss,
injury,
or
liability
caused
by
the
intentional
or
5
willful
or
wanton
misconduct
of
that
person.
The
procurement
6
of
insurance
of
any
type
by
the
compact
commission
shall
not
in
7
any
way
compromise
or
limit
the
immunity
granted
hereunder.
8
(2)
The
compact
commission
shall
defend
any
member,
9
officer,
executive
director,
employee,
and
representative
of
10
the
compact
commission
in
any
civil
action
seeking
to
impose
11
liability
arising
out
of
any
actual
or
alleged
act,
error,
or
12
omission
that
occurred
within
the
scope
of
compact
commission
13
employment,
duties,
or
responsibilities,
or
as
determined
14
by
the
compact
commission
that
the
person
against
whom
the
15
claim
is
made
had
a
reasonable
basis
for
believing
occurred
16
within
the
scope
of
compact
commission
employment,
duties,
17
or
responsibilities;
provided
that
nothing
herein
shall
be
18
construed
to
prohibit
that
person
from
retaining
their
own
19
counsel
at
their
own
expense;
and
provided
further,
that
the
20
actual
or
alleged
act,
error,
or
omission
did
not
result
from
21
that
person’s
intentional
or
willful
or
wanton
misconduct.
22
(3)
The
compact
commission
shall
indemnify
and
hold
23
harmless
any
member,
officer,
executive
director,
employee,
and
24
representative
of
the
compact
commission
for
the
amount
of
any
25
settlement
or
judgment
obtained
against
that
person
arising
out
26
of
any
actual
or
alleged
act,
error,
or
omission
that
occurred
27
within
the
scope
of
compact
commission
employment,
duties,
or
28
responsibilities,
or
that
such
person
had
a
reasonable
basis
29
for
believing
occurred
within
the
scope
of
compact
commission
30
employment,
duties,
or
responsibilities,
provided
that
the
31
actual
or
alleged
act,
error,
or
omission
did
not
result
from
32
the
intentional
or
willful
or
wanton
misconduct
of
that
person.
33
(4)
Nothing
herein
shall
be
construed
as
a
limitation
on
34
the
liability
of
any
licensee
for
professional
malpractice
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or
misconduct,
which
shall
be
governed
solely
by
any
other
1
applicable
state
laws.
2
(5)
Nothing
in
this
compact
shall
be
interpreted
to
waive
3
or
otherwise
abrogate
a
member
state’s
state
action
immunity
4
or
state
action
affirmative
defense
with
respect
to
antitrust
5
claims
under
the
Sherman
Act,
Clayton
Act,
or
any
other
state
6
or
federal
antitrust
or
anticompetitive
law
or
regulation.
7
(6)
Nothing
in
this
compact
shall
be
construed
to
be
a
8
waiver
of
sovereign
immunity
by
the
member
states
or
by
the
9
compact
commission.
10
9.
Data
system.
11
a.
The
commission
shall
provide
for
the
development,
12
maintenance,
operation,
and
utilization
of
a
coordinated
data
13
system
and
reporting
system
containing
licensure,
compact
14
privileges,
adverse
action,
and
the
presence
of
current
15
significant
investigative
information
on
all
licensees
and
16
applicants
for
a
license
in
member
states.
17
b.
Notwithstanding
any
other
provision
of
state
law
to
the
18
contrary,
a
member
state
shall
submit
a
uniform
data
set
to
19
the
data
system
on
all
licensees,
applicants,
and
others
to
20
whom
this
compact
is
applicable
as
required
by
the
rules
of
the
21
compact
commission,
including
all
of
the
following:
22
(1)
Personally
identifying
information.
23
(2)
Licensure
data.
24
(3)
Adverse
actions
against
a
licensee,
license
applicant
25
or
compact
privilege
and
information
related
thereto.
26
(4)
Nonconfidential
information
related
to
alternative
27
program
participation,
the
beginning
and
ending
dates
of
28
such
participation,
and
other
information
related
to
such
29
participation.
30
(5)
Any
denial
of
an
application
for
licensure,
and
the
31
reason
for
such
denial,
excluding
the
reporting
of
any
criminal
32
history
record
information
where
prohibited
by
law.
33
(6)
A
binary
determination
regarding
the
presence
of
34
current
significant
investigative
information.
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(7)
Other
information
that
may
facilitate
the
1
administration
of
this
compact
or
the
protection
of
the
public,
2
as
determined
by
the
rules
of
the
commission.
3
c.
The
records
and
information
provided
to
a
member
4
state
pursuant
to
this
compact
or
through
the
data
system,
5
when
certified
by
the
commission
or
an
agent
thereof,
6
shall
constitute
the
authenticated
business
records
of
the
7
commission,
and
shall
be
entitled
to
any
associated
hearsay
8
exception
in
any
relevant
judicial,
quasi-judicial
or
9
administrative
proceedings
in
a
member
state.
10
d.
Current
significant
investigative
information
pertaining
11
to
a
licensee
in
any
member
state
will
only
be
available
to
12
other
member
states.
13
e.
It
is
the
responsibility
of
the
member
states
to
monitor
14
the
data
system
to
determine
whether
adverse
action
has
been
15
taken
against
a
licensee
or
license
applicant.
Adverse
action
16
information
pertaining
to
a
licensee
or
license
applicant
in
17
any
member
state
will
be
available
to
any
other
member
state.
18
f.
Member
states
contributing
information
to
the
data
19
system
may
designate
information
that
may
not
be
shared
with
20
the
public
without
the
express
permission
of
the
contributing
21
state.
22
g.
Any
information
submitted
to
the
data
system
that
is
23
subsequently
expunged
pursuant
to
federal
law
or
the
laws
of
24
the
member
state
contributing
the
information
shall
be
removed
25
from
the
data
system.
26
10.
Rulemaking.
27
a.
The
compact
commission
shall
promulgate
reasonable
28
rules
in
order
to
effectively
and
efficiently
implement
and
29
administer
the
purposes
and
provisions
of
the
compact.
A
rule
30
shall
be
invalid
and
have
no
force
or
effect
only
if
a
court
of
31
competent
jurisdiction
holds
that
the
rule
is
invalid
because
32
the
compact
commission
exercised
its
rulemaking
authority
in
a
33
manner
that
is
beyond
the
scope
and
purposes
of
the
compact,
or
34
the
powers
granted
hereunder,
or
based
upon
another
applicable
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standard
of
review.
1
b.
The
rules
of
the
compact
commission
shall
have
the
2
force
of
law
in
each
member
state,
provided
however
that
3
where
the
rules
conflict
with
the
laws
or
regulations
of
a
4
member
state
that
relate
to
the
scope
of
practice
a
licensed
5
athletic
trainer
is
permitted
to
undertake
in
that
state
and
6
the
circumstances
under
which
they
may
do
so,
as
held
by
a
7
court
of
competent
jurisdiction,
the
rules
of
the
compact
8
commission
shall
be
ineffective
in
that
state
to
the
extent
of
9
the
conflict.
10
c.
The
compact
commission
shall
exercise
its
rulemaking
11
powers
pursuant
to
the
criteria
set
forth
in
this
subsection
12
and
the
rules
adopted
thereunder.
Rules
of
this
compact
shall
13
become
binding
on
the
day
following
adoption
or
as
of
the
date
14
specified
in
the
rule
or
amendment,
whichever
is
later.
15
d.
If
a
majority
of
the
legislatures
of
the
member
states
16
rejects
a
rule
or
portion
of
a
rule,
by
enactment
of
a
statute
17
or
resolution
in
the
same
manner
used
to
adopt
the
compact
18
within
four
years
of
the
date
of
adoption
of
the
rule,
then
19
such
rule
shall
have
no
further
force
and
effect
in
any
member
20
state.
21
e.
Rules
shall
be
adopted
at
a
regular
or
special
meeting
of
22
the
compact
commission.
23
f.
Prior
to
adoption
of
a
proposed
rule,
the
compact
24
commission
shall
hold
a
public
hearing
and
allow
persons
to
25
provide
oral
and
written
comments,
data,
facts,
opinions,
and
26
arguments.
At
least
thirty
days
in
advance
of
the
public
27
hearing
on
the
proposed
rule,
the
compact
commission
shall
28
provide
a
notice
of
proposed
rulemaking
as
follows:
29
(1)
On
the
internet
site
of
the
compact
commission
or
other
30
publicly
accessible
platform.
31
(2)
To
persons
who
have
requested
notice
of
the
compact
32
commission’s
notices
of
proposed
rulemaking.
33
(3)
In
such
other
ways
as
the
compact
commission
may
by
rule
34
specify.
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g.
The
notice
of
proposed
rulemaking
shall
include
all
of
1
the
following:
2
(1)
The
time,
date,
and
location
of
the
public
hearing
at
3
which
the
compact
commission
will
hear
public
comments
on
the
4
proposed
rule
and,
if
different,
the
time,
date,
and
location
5
of
the
meeting
where
the
compact
commission
will
consider
and
6
vote
on
the
proposed
rule.
7
(2)
If
the
hearing
is
held
via
telecommunication,
8
videoconference,
or
other
electronic
means,
the
compact
9
commission
shall
include
the
mechanism
for
access
to
the
10
hearing
in
the
notice
of
proposed
rulemaking.
11
(3)
The
text
of
the
proposed
rule
and
the
reason
therefor.
12
(4)
A
request
for
comments
on
the
proposed
rule
from
any
13
interested
person.
14
(5)
The
manner
in
which
interested
persons
may
submit
15
written
comments.
16
h.
All
hearings
shall
be
recorded.
A
copy
of
the
recording
17
and
all
written
comments
and
documents
received
by
the
compact
18
commission
in
response
to
the
proposed
rule
shall
be
available
19
to
the
public.
20
i.
Nothing
in
this
subsection
shall
be
construed
as
21
requiring
a
separate
hearing
on
each
rule.
Rules
may
be
22
grouped
for
the
convenience
of
the
compact
commission
at
23
hearings
required
by
this
subsection.
24
j.
The
compact
commission
shall,
by
majority
vote
of
all
25
members,
take
final
action
on
the
proposed
rule
based
on
the
26
rulemaking
record
and
the
full
text
of
the
rule.
27
(1)
The
compact
commission
may
adopt
changes
to
the
proposed
28
rule
provided
the
changes
do
not
enlarge
the
original
purpose
29
of
the
proposed
rule.
30
(2)
The
compact
commission
shall
provide
an
explanation
of
31
the
reasons
for
substantive
changes
made
to
the
proposed
rule
32
as
well
as
reasons
for
substantive
changes
not
made
that
were
33
recommended
by
commenters.
34
(3)
The
compact
commission
shall
determine
a
reasonable
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effective
date
for
the
rule.
Except
for
an
emergency
as
1
provided
in
this
subsection,
the
effective
date
of
the
rule
2
shall
be
no
sooner
than
thirty
days
after
issuing
the
notice
3
that
it
adopted
or
amended
the
rule.
4
k.
Upon
determination
that
an
emergency
exists,
the
5
compact
commission
may
consider
and
adopt
an
emergency
rule
6
with
twenty-four
hours’
notice,
with
opportunity
to
comment,
7
provided
that
the
usual
rulemaking
procedures
provided
in
the
8
compact
and
in
this
subsection
shall
be
retroactively
applied
9
to
the
rule
as
soon
as
reasonably
possible,
in
no
event
later
10
than
ninety
days
after
the
effective
date
of
the
rule.
For
the
11
purposes
of
this
paragraph,
an
emergency
rule
is
one
that
must
12
be
adopted
immediately
in
order
to
do
any
of
the
following:
13
(1)
Meet
an
imminent
threat
to
public
health,
safety,
or
14
welfare.
15
(2)
Prevent
a
loss
of
compact
commission
or
member
state
16
funds.
17
(3)
Meet
a
deadline
for
the
promulgation
of
a
rule
that
is
18
established
by
federal
law
or
rule.
19
(4)
Protect
public
health
and
safety.
20
l.
The
compact
commission
or
an
authorized
committee
of
21
the
compact
commission
may
direct
revisions
to
a
previously
22
adopted
rule
for
purposes
of
correcting
typographical
errors,
23
errors
in
format,
errors
in
consistency,
or
grammatical
24
errors.
Public
notice
of
any
revisions
shall
be
posted
on
the
25
internet
site
of
the
compact
commission.
The
revision
shall
26
be
subject
to
challenge
by
any
person
for
a
period
of
thirty
27
days
after
posting.
The
revision
may
be
challenged
only
on
28
grounds
that
the
revision
results
in
a
material
change
to
a
29
rule.
A
challenge
shall
be
made
in
writing
and
delivered
to
30
the
compact
commission
prior
to
the
end
of
the
notice
period.
31
If
no
challenge
is
made,
the
revision
will
take
effect
without
32
further
action.
If
the
revision
is
challenged,
the
revision
33
may
not
take
effect
without
the
approval
of
the
compact
34
commission.
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m.
No
member
state’s
rulemaking
requirements
shall
apply
1
under
this
compact.
2
11.
Oversight,
dispute
resolution,
and
enforcement.
3
a.
Oversight.
4
(1)
The
executive
and
judicial
branches
of
state
government
5
in
each
member
state
shall
enforce
this
compact
and
take
all
6
actions
necessary
and
appropriate
to
implement
the
compact.
7
(2)
Except
as
otherwise
provided
in
this
compact,
venue
8
is
proper
and
judicial
proceedings
by
or
against
the
compact
9
commission
shall
be
brought
solely
and
exclusively
in
a
court
10
of
competent
jurisdiction
where
the
principal
office
of
the
11
compact
commission
is
located.
The
compact
commission
may
12
waive
venue
and
jurisdictional
defenses
to
the
extent
it
13
adopts
or
consents
to
participate
in
alternative
dispute
14
resolution
proceedings.
Nothing
herein
shall
affect
or
limit
15
the
selection
or
propriety
of
venue
in
any
action
against
a
16
licensee
for
professional
malpractice,
misconduct
or
any
such
17
similar
matter.
18
(3)
The
compact
commission
shall
be
entitled
to
receive
19
service
of
process
in
any
proceeding
regarding
the
enforcement
20
or
interpretation
of
the
compact
and
shall
have
standing
to
21
intervene
in
such
a
proceeding
for
all
purposes.
Failure
to
22
provide
the
compact
commission
service
of
process
shall
render
23
a
judgment
or
order
void
as
to
the
compact
commission,
this
24
compact,
or
promulgated
rules.
25
b.
Default,
technical
assistance,
and
termination.
26
(1)
If
the
compact
commission
determines
that
a
member
27
state
has
defaulted
in
the
performance
of
its
obligations
or
28
responsibilities
under
this
compact
or
the
promulgated
rules,
29
the
commission
shall
provide
written
notice
to
the
defaulting
30
state.
The
notice
of
default
shall
describe
the
default,
the
31
proposed
means
of
curing
the
default,
and
any
other
action
that
32
the
compact
commission
may
take,
and
shall
offer
training
and
33
specific
technical
assistance
regarding
the
default.
34
(2)
The
compact
commission
shall
provide
a
copy
of
the
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notice
of
default
to
the
other
member
states.
1
c.
If
a
state
in
default
fails
to
cure
the
default,
the
2
defaulting
state
may
be
terminated
from
the
compact
upon
3
an
affirmative
vote
of
a
majority
of
the
commissioners
of
4
the
member
states,
and
all
rights,
privileges
and
benefits
5
conferred
on
that
state
by
this
compact
may
be
terminated
on
6
the
effective
date
of
termination.
A
cure
of
the
default
does
7
not
relieve
the
offending
state
of
obligations
or
liabilities
8
incurred
during
the
period
of
default.
9
d.
Termination
of
membership
in
the
compact
shall
be
imposed
10
only
after
all
other
means
of
securing
compliance
have
been
11
exhausted.
Notice
of
intent
to
suspend
or
terminate
shall
be
12
given
by
the
compact
commission
to
the
governor,
the
majority
13
and
minority
leaders
of
the
defaulting
state’s
legislature,
the
14
defaulting
state’s
licensing
authority
and
each
of
the
member
15
states’
licensing
authority.
16
e.
A
state
that
has
been
terminated
is
responsible
for
all
17
assessments,
obligations,
and
liabilities
incurred
through
18
the
effective
date
of
termination,
including
obligations
that
19
extend
beyond
the
effective
date
of
termination.
20
f.
Upon
the
termination
of
a
state’s
membership
from
21
this
compact,
that
state
shall
immediately
provide
notice
to
22
all
licensees
within
that
state
of
such
termination.
The
23
terminated
state
shall
continue
to
recognize
all
licenses
24
and
compact
privileges
granted
pursuant
to
this
compact
for
25
a
minimum
of
one
hundred
eighty
days
after
the
date
of
said
26
notice
of
termination.
27
g.
The
compact
commission
shall
not
bear
any
costs
related
28
to
a
state
that
is
found
to
be
in
default
or
that
has
been
29
terminated
from
the
compact,
unless
agreed
upon
in
writing
30
between
the
compact
commission
and
the
defaulting
state.
31
h.
The
defaulting
state
may
appeal
the
action
of
the
compact
32
commission
by
petitioning
the
United
States
district
court
for
33
the
District
of
Columbia
or
the
federal
district
where
the
34
compact
commission
has
its
principal
offices.
The
prevailing
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party
shall
be
awarded
all
costs
of
such
litigation,
including
1
reasonable
attorney
fees.
2
i.
Dispute
resolution.
3
(1)
Upon
request
by
a
member
state,
the
compact
commission
4
shall
attempt
to
resolve
disputes
related
to
the
compact
that
5
arise
among
member
states
and
between
member
and
nonmember
6
states.
7
(2)
The
compact
commission
shall
promulgate
a
rule
8
providing
for
both
mediation
and
binding
dispute
resolution
for
9
disputes
as
appropriate.
10
j.
Enforcement.
11
(1)
By
two-thirds
majority
vote,
the
compact
commission
12
may
initiate
legal
action
against
a
member
state
in
default
in
13
the
United
States
district
court
for
the
District
of
Columbia
14
or
the
federal
district
where
the
compact
commission
has
its
15
principal
offices
to
enforce
compliance
with
the
provisions
16
of
the
compact
and
its
promulgated
rules.
The
relief
sought
17
may
include
both
injunctive
relief
and
damages.
In
the
event
18
judicial
enforcement
is
necessary,
the
prevailing
party
shall
19
be
awarded
all
costs
of
such
litigation,
including
reasonable
20
attorney
fees.
The
remedies
herein
shall
not
be
the
exclusive
21
remedies
of
the
compact
commission.
The
compact
commission
22
may
pursue
any
other
remedies
available
under
federal
or
the
23
defaulting
member
state’s
law.
24
(2)
A
member
state
may
initiate
legal
action
against
the
25
compact
commission
in
the
United
States
district
court
for
the
26
District
of
Columbia
or
the
federal
district
where
the
compact
27
commission
has
its
principal
offices
to
enforce
compliance
with
28
the
provisions
of
the
compact
and
its
promulgated
rules.
The
29
relief
sought
may
include
both
injunctive
relief
and
damages.
30
In
the
event
judicial
enforcement
is
necessary,
the
prevailing
31
party
shall
be
awarded
all
costs
of
such
litigation,
including
32
reasonable
attorney
fees.
33
(3)
No
person
other
than
a
member
state
shall
enforce
this
34
compact
against
the
compact
commission.
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12.
Effective
date,
withdrawal,
and
amendment.
1
a.
The
compact
shall
come
into
effect
on
the
date
on
which
2
the
compact
statute
is
enacted
into
law
in
the
seventh
member
3
state.
4
(1)
On
or
after
the
effective
date
of
the
compact,
the
5
compact
commission
shall
convene
and
review
the
enactment
of
6
each
charter
member
state
to
determine
if
the
statute
enacted
7
and
made
effective
by
each
such
charter
member
state
is
8
materially
different
than
the
model
compact
statute.
9
(a)
A
charter
member
state
whose
enactment
is
found
to
be
10
materially
different
from
the
model
compact
language
shall
be
11
entitled
to
the
default
process
set
forth
in
subsection
11.
12
(b)
If
any
member
state
is
later
found
to
be
in
default,
13
or
is
terminated
or
withdraws
from
the
compact,
the
compact
14
commission
shall
remain
in
existence
and
the
compact
shall
15
remain
in
effect
even
if
the
number
of
member
states
should
be
16
less
than
seven.
17
(2)
Member
states
enacting
the
compact
subsequent
to
18
the
seven
initial
charter
member
states
shall
be
subject
to
19
the
process
set
forth
in
this
section
to
determine
if
their
20
enactments
are
materially
different
from
the
model
compact
21
statute
and
whether
they
qualify
for
participation
in
the
22
compact.
23
(3)
All
actions
taken
for
the
benefit
of
the
compact
24
commission
or
in
furtherance
of
the
purposes
of
the
25
administration
of
the
compact
prior
to
the
effective
date
of
26
the
compact
or
the
compact
commission
coming
into
existence
27
shall
be
considered
to
be
actions
of
the
compact
commission
28
unless
specifically
repudiated
by
the
compact
commission.
29
(4)
Any
state
that
joins
the
compact
subsequent
to
the
30
compact
commission’s
initial
adoption
of
the
rules
and
bylaws
31
shall
be
subject
to
the
rules
and
bylaws
as
they
exist
on
the
32
date
on
which
the
compact
becomes
law
in
that
state.
Any
rule
33
that
has
been
previously
adopted
by
the
compact
commission
34
shall
have
the
full
force
and
effect
of
law
on
the
day
the
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compact
becomes
law
in
that
state.
1
b.
Any
member
state
may
withdraw
from
this
compact
by
2
enacting
a
statute
repealing
the
same.
3
(1)
A
member
state’s
withdrawal
shall
not
take
effect
4
until
one
hundred
eighty
days
after
enactment
of
the
repealing
5
statute.
6
(2)
Withdrawal
shall
not
affect
the
continuing
requirement
7
of
the
withdrawing
state’s
licensing
authority
to
comply
with
8
the
investigative
and
adverse
action
reporting
requirements
of
9
this
compact
prior
to
the
effective
date
of
withdrawal.
10
(3)
Upon
the
enactment
of
a
statute
withdrawing
from
this
11
compact,
a
state
shall
immediately
provide
notice
of
such
12
withdrawal
to
all
licensees
and
privilege
holders
within
that
13
state.
Notwithstanding
any
subsequent
statutory
enactment
14
to
the
contrary,
such
withdrawing
state
shall
continue
to
15
recognize
all
compact
privileges
granted
pursuant
to
this
16
compact
for
a
minimum
of
one
hundred
eighty
days
after
the
date
17
of
such
notice
of
withdrawal.
18
(4)
Nothing
contained
in
this
compact
shall
be
construed
19
to
invalidate
or
prevent
any
licensure
agreement
or
other
20
cooperative
arrangement
between
a
member
state
and
a
nonmember
21
state
that
does
not
conflict
with
the
provisions
of
this
22
compact.
23
(5)
This
compact
may
be
amended
by
the
member
states.
No
24
amendment
to
this
compact
shall
become
effective
and
binding
25
upon
any
member
state
until
it
is
enacted
into
the
laws
of
all
26
member
states.
27
13.
Construction
and
severability.
28
a.
This
compact
and
the
compact
commission’s
rulemaking
29
authority
shall
be
liberally
construed
so
as
to
effectuate
the
30
purposes,
and
the
implementation
and
administration
of
the
31
compact.
Provisions
of
the
compact
expressly
authorizing
or
32
requiring
the
promulgation
of
rules
shall
not
be
construed
to
33
limit
the
compact
commission’s
rulemaking
authority
solely
for
34
those
purposes.
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b.
The
provisions
of
this
compact
shall
be
severable
and
1
if
any
phrase,
clause,
sentence
or
provision
of
this
compact
2
is
held
by
a
court
of
competent
jurisdiction
to
be
contrary
3
to
the
constitution
of
any
member
state,
a
state
seeking
4
participation
in
the
compact,
or
of
the
United
States,
or
5
the
applicability
thereof
to
any
government,
agency,
person
6
or
circumstance
is
held
to
be
unconstitutional
by
a
court
of
7
competent
jurisdiction,
the
validity
of
the
remainder
of
this
8
compact
and
the
applicability
thereof
to
any
other
government,
9
agency,
person
or
circumstance
shall
not
be
affected
thereby.
10
c.
Notwithstanding
the
foregoing,
the
compact
commission
11
may
deny
a
state’s
participation
in
the
compact
or
terminate
a
12
member
state’s
participation
in
the
compact
if
it
determines
13
that
a
constitutional
requirement
of
a
member
state
is
a
14
material
departure
from
the
compact.
Otherwise,
if
this
15
compact
shall
be
held
to
be
contrary
to
the
constitution
of
any
16
member
state,
the
compact
shall
remain
in
full
force
and
effect
17
as
to
the
remaining
member
states
and
in
full
force
and
effect
18
as
to
the
member
state
affected
as
to
all
severable
matters.
19
14.
Consistent
effect
and
conflict
with
other
state
laws.
20
a.
Nothing
herein
shall
prevent
or
inhibit
the
enforcement
21
of
any
other
law
of
a
member
state
that
is
not
inconsistent
22
with
the
compact.
23
b.
Any
laws,
statutes,
regulations,
or
other
legal
24
requirements
in
a
member
state
in
conflict
with
the
compact
are
25
superseded
to
the
extent
of
the
conflict.
26
c.
All
permissible
agreements
between
the
compact
commission
27
and
the
member
states
are
binding
in
accordance
with
their
28
terms.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
establishes
the
athletic
trainer
compact.
33
The
compact
establishes
a
system
whereby
an
athletic
trainer
34
licensed
to
practice
in
one
participating
state
may
practice
in
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another
participating
state
under
a
compact
privilege
without
1
applying
for
a
license
in
that
state.
The
compact
imposes
2
certain
minimum
requirements
on
the
licensure
of
athletic
3
trainers
in
participating
states.
4
The
compact
creates
a
commission
to
administer
the
operation
5
of
the
compact.
The
commission
is
an
instrumentality
of
the
6
participating
states.
The
compact
includes
provisions
relating
7
to
the
establishment
and
membership
of
the
commission;
powers
8
of
the
commission;
meetings
and
voting
requirements
of
the
9
commission;
commission
bylaws
and
rules;
commission
committees;
10
commission
finances;
the
establishment
of
a
data
system;
11
compacting
state
compliance;
venue
for
judicial
proceedings;
12
defense
and
indemnification;
effective
dates
and
amendments
to
13
the
compact;
withdrawal,
default,
and
expulsion;
severability
14
and
construction;
and
the
binding
effect
of
the
compact
and
15
other
laws.
16
The
compact
becomes
effective
upon
the
adoption
of
the
17
compact
by
the
seventh
participating
state.
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