AN ACT relating to the Interstate Massage Compact.

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AN ACT relating to the Interstate Massage Compact. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 3
READ AS FOLLOWS: 4
ARTICLE 1- PURPOSE 5
The purpose of this compact is to reduce the burdens on state governments and to 6
facilitate the interstate practice and regulation of massage therapy wi th the goal of 7
improving public access to, and the safety of, massage therapy services. Through this 8
compact, the member states seek to establish a regulatory framework which provides 9
for a new multistate licensing program. Through this additional licensin g pathway, the 10
member states seek to provide increased value and mobility to licensed massage 11
therapists in the member states, while ensuring the provision of safe, competent, and 12
reliable services to the public. This compact is designed to achieve the fol lowing 13
objectives, and the member states hereby ratify the same intentions by subscribing 14
hereto: 15
A. Increase public access to massage therapy services by providing for a multistate 16
licensing pathway; 17
B. Enhance the member states’ ability to protect the public’s health and safety; 18
C. Enhance the member states’ ability to prevent human trafficking and licensure 19
fraud; 20
D. Encourage the cooperation of member states in regulating the multistate practice 21
of massage therapy; 22
E. Support relocating military members and their spouses; 23
F. Facilitate and enhance the exchange of licensure, investigative, and disciplinary 24
information between the member states; 25
G. Create an interstate commission that will exist to implem ent and administer the 26
compact; 27
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H. Allow a member state to hold a licensee accountable, even where that licensee 1
holds a multistate license; 2
I. Create a streamlined pathway for licensees to practice in member states, thus 3
increasing the mobility of duly licensed massage therapists; and 4
J. Serve the needs of licensed massage therapists and the public receiving their 5
services; however 6
K. Nothing in this compact is intended to prevent a state from enforcing its own laws 7
regarding the practice of massage therapy. 8
ARTICLE 2- DEFINITIONS 9
As used in this compact, except as otherwise provided and subject to clarification by the 10
rules of the commission, the following definitions shall govern the terms herein: 11
A. "Active Military Member" means any person with full -time duty status in the 12
Armed Forces of the United States, including members of the National Guard 13
and Reserve; 14
B. "Adverse Action" means any administrative, civil, equitable, or criminal action 15
permitted by a member state’s laws which is imposed by a licensi ng authority or 16
other regulatory body against a licensee, including actions against an 17
individual’s authorization to practice such as revocation, suspension, probation, 18
surrender in lieu of discipline, monitoring of the licensee, limitation of the 19
licensee’s practice, or any other encumbrance on licensure affecting an 20
individual’s ability to practice massage therapy, including the issuance of a cease 21
and desist order; 22
C. "Alternative Program" means a nondisciplinary monitoring or prosecutorial 23
diversion program approved by a member state’s licensing authority; 24
D. "Authorization to Practice" means a legal authorization by a remote state 25
pursuant to a multistate license permitting the practice of massage therapy in that 26
remote state, which shall be subject to the enforcement jurisdiction of the 27
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licensing authority in that remote state; 1
E. "Background Check" means the submission of an applicant’s criminal history 2
record information, as further defined in 28 C.F.R. sec. 20.3(d), as amended, 3
from the Federal Burea u of Investigation and the agency responsible for 4
retaining state criminal records in the applicant’s home state; 5
F. "Charter Member States" means member states who have enacted legislation to 6
adopt this compact where such legislation predates the effectiv e date of this 7
compact as defined in Article 12 of this compact; 8
G. "Commission" means the government agency whose membership consists of all 9
states that have enacted this compact, which is known as the Interstate Massage 10
Compact Commission, as defined in Article 8 of this compact, and which shall 11
operate as an instrumentality of the member states; 12
H. "Continuing Competence" means a requirement, as a condition of license 13
renewal, to provide evidence of participation in, and completion of, educational 14
or pro fessional activities that maintain, improve, or enhance massage therapy 15
fitness to practice; 16
I. "Current Significant Investigative Information" means investigative information 17
that a licensing authority, after an inquiry or investigation that complies with a 18
member state’s due process requirements, has reason to believe is not groundless 19
and, if proved true, would indicate a violation of that state’s laws regarding the 20
practice of massage therapy; 21
J. "Data System" means a repository of information about lic ensees who hold 22
multistate licenses, which may include but is not limited to license status, 23
investigative information, and adverse actions; 24
K. "Disqualifying Event" means any event which shall disqualify an individual 25
from holding a multistate license und er this compact, which the commission may 26
by rule specify; 27
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L. "Encumbrance" means a revocation or suspension of, or any limitation or 1
condition on, the full and unrestricted practice of massage therapy by a licensing 2
authority; 3
M. "Executive Committee" means a group of delegates elected or appointed to act on 4
behalf of, and within the powers granted to them by, the commission; 5
N. "Home State" means the member state which is a licensee’s primary state of 6
residence where the licensee holds an active single-state license; 7
O. "Investigative Information" means information, records, or documents received 8
or generated by a licensing authority pursuant to an investigation or other 9
inquiry; 10
P. "Licensing Authority" means a state’s regulatory body responsible for issu ing 11
massage therapy licenses or otherwise overseeing the practice of massage therapy 12
in that state; 13
Q. "Licensee" means an individual who currently holds a license from a member 14
state to fully practice massage therapy, whose license is not a student, provisional, 15
temporary, inactive, or other similar status; 16
R. "Massage Therapy", "Massage Therapy Services", and the "Practice of Massage 17
Therapy" mean the care and services provided by a licensee as set forth in the 18
member state’s statutes and regulations in the state where the services are being 19
provided; 20
S. "Member State" means any state that has adopted this compact; 21
T. "Multistate License" means a license that consists of authorizations to practice 22
massage therapy in all remote states pursuant to this compact, which shall be 23
subject to the enforcement jurisdiction of the licensing authority in a licensee’s 24
home state; 25
U. "National Licensing Examination" means a national examination developed by a 26
national association of massage therapy regulatory boards, as defined by 27
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commission rule, that is derived from a practice analysis and is consistent with 1
generally a ccepted psychometric principles of fairness, validity, and reliability, 2
and is administered under secure and confidential examination protocols; 3
V. "Remote State" means any member state, other than the licensee’s home state; 4
W. "Rule" means any opinion or regulation promulgated by the commission under 5
this compact, which shall have the force of law; 6
X. "Single-State License" means a current, valid authorization issued by a member 7
state’s licensing authority allowing an individual to fully practice massage 8
therapy, that is not a restricted, student, provisional, temporary, or inactive 9
practice authorization and authorizes practice only within the issuing state; and 10
Y. "State" means a state, territory, possession of the United States, or the District of 11
Columbia. 12
ARTICLE 3- MEMBER STATE REQUIREMENTS 13
A. To be eligible to join this compact, and to maintain eligibility as a member state, a 14
state must: 15
1. License and regulate the practice of massage therapy; 16
2. Have a mechanism or entity in place to receive and inv estigate complaints 17
from the public, regulatory or law enforcement agencies, or the commission 18
about licensees practicing in that state; 19
3. Accept passage of a national licensing examination as a criterion for 20
massage therapy licensure in that state; 21
4. Require that licensees satisfy educational requirements prior to being 22
licensed to provide massage therapy services to the public in that state; 23
5. Implement procedures for requiring the background check of applicants for 24
a multistate license, and for the re porting of any disqualifying events, 25
including but not limited to obtaining and submitting, for each licensee 26
holding a multistate license and each applicant for a multistate license, 27
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fingerprint or other biometric -based information to the Federal Bureau o f 1
Investigation for background checks, receiving the results of the Federal 2
Bureau of Investigation record search on background checks, and 3
considering the results of such a background check in making licensure 4
decisions; 5
6. Have continuing competence requ irements as a condition for license 6
renewal; 7
7. Participate in the data system, including through the use of unique 8
identifying numbers as described herein; 9
8. Notify the commission and other member states, in compliance with the 10
terms of the compact and rules of the commission, of any disciplinary action 11
taken by the state against a licensee practicing under a multistate license in 12
that state, or of the existence of investigative information or current 13
significant investigative information regarding a lice nsee practicing in that 14
state pursuant to a multistate license; 15
9. Comply with the rules of the commission; and 16
10. Accept licensees with valid multistate licenses from other member states as 17
established herein. 18
B. Individuals not residing in a member stat e shall continue to be able to apply for a 19
member state’s single -state license as provided under the laws of each member 20
state. However, the single -state license granted to those individuals shall not be 21
recognized as granting a multistate license for mass age therapy in any other 22
member state. 23
C. Nothing in this compact shall affect the requirements established by a member 24
state for the issuance of a single-state license. 25
D. A multistate license issued to a licensee shall be recognized by each remote state 26
as an authorization to practice massage therapy in each remote state. 27
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ARTICLE 4- MULTISTATE LICENSE REQUIREMENTS 1
A. To qualify for a multistate license under this compact, and to maintain eligibility 2
for such a license, an applicant must: 3
1. Hold an active single-state license to practice massage therapy in the 4
applicant’s home state; 5
2. Have completed at least six hundred twenty -five (625) clock hours of 6
massage therapy education or the substantial equivalent which the 7
commission may approve by rule; 8
3. Have passed a national licensing examination or the substantial equivalent 9
which the commission may approve by rule; 10
4. Submit to a background check; 11
5. Have not been convicted or found guilty, or have entered into an agreed 12
disposition, of a felony offens e under applicable state or federal criminal 13
law, within five (5) years prior to the date of their application, where such a 14
time period shall not include any time served for the offense, and provided 15
that the applicant has completed any and all requiremen ts arising as a 16
result of any such offense; 17
6. Have not been convicted or found guilty, or have entered into an agreed 18
disposition, of a misdemeanor offense related to the practice of massage 19
therapy under applicable state or federal criminal law, within t wo (2) years 20
prior to the date of their application where such a time period shall not 21
include any time served for the offense, and provided that the applicant has 22
completed any and all requirements arising as a result of any such offense; 23
7. Have not been convicted or found guilty, or have entered into an agreed 24
disposition, of any offense, whether a misdemeanor or a felony, under state 25
or federal law, at any time, relating to any of the following: 26
a. Kidnapping; 27
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b. Human trafficking; 1
c. Human smuggling; 2
d. Sexual battery, sexual assault, or any related offenses; or 3
e. Any other category of offense which the commission may by rule 4
designate; 5
8. Have not previously held a massage therapy license which was revoked by, 6
or surrendered in lieu of discipline to, an applicable licensing authority; 7
9. Have no history of any adverse action on any occupational or professional 8
license within two (2) years prior to the date of their application; and 9
10. Pay all required fees. 10
B. A multistate license granted pursuant to this compact may be effective for a 11
definite period of time concurrent with the renewal of the home state license. 12
C. A licensee practicing in a member state is subject to all scope of practice laws 13
governing massage therapy services in that state. 14
D. The practice of massage therapy under a multistate license granted pursuant to 15
this compact will subject the licensee to the jurisdiction of the licensing authority, 16
the courts, and the laws of the member state in which the massage therapy 17
services are provided. 18
ARTICLE 5- AUTHORITY OF INTERSTATE MASSAGE COMPACT 19
COMMISSION AND MEMBER STATE LICENSING AUTHORITIES 20
A. Nothing in this compact, nor any rule of the commission, shall be construed to 21
limit, restrict, or in any way reduce the ability of a member state to enact and 22
enforce laws, regulations, or other rules related to the practice of massage 23
therapy in that state, where those laws, regulations, or other rules are not 24
inconsistent with the provisions of this compact. 25
B. Nothing in this compact, nor any rule of the commission, shall be construed to 26
limit, restrict, or in any way reduce the ability of a member state to take adverse 27
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action against a licensee’s single-state license to practice massage therapy in that 1
state. 2
C. Nothing in this compact, nor any rul e of the commission, shall be construed to 3
limit, restrict, or in any way reduce the ability of a remote state to take adverse 4
action against a licensee’s authorization to practice in that state. 5
D. Nothing in this compact, nor any rule of the commission, shall be construed to 6
limit, restrict, or in any way reduce the ability of a licensee’s home state to take 7
adverse action against a licensee’s multistate license based upon information 8
provided by a remote state. 9
E. Insofar as practical, a member state’s licensing authority shall cooperate with the 10
commission and with each entity exercising independent regulatory authority 11
over the practice of massage therapy according to the provisions of this compact. 12
ARTICLE 6- ADVERSE ACTIONS 13
A. A licensee’s home state shall have exclusive power to impose an adverse action 14
against a licensee’s multistate license issued by the home state. 15
B. A home state may take adverse action on a multistate license based on the 16
investigative information, current significant investigati ve information, or 17
adverse action of a remote state. 18
C. A home state shall retain authority to complete any pending investigations of a 19
licensee practicing under a multistate license who changes their home state 20
during the course of such an investigation. The licensing authority shall also be 21
empowered to report the results of such an investigation to the commission 22
through the data system as described herein. 23
D. Any member state may investigate actual or alleged violations of the scope of 24
practice laws in any other member state for a massage therapist who holds a 25
multistate license. 26
E. A remote state shall have the authority to: 27
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1. Take adverse actions against a licensee’s authorization to practice; 1
2. Issue cease and desist orders or impose an encumbrance on a licensee’s 2
authorization to practice in that state; 3
3. Issue subpoenas for both hearings and investigations that require the 4
attendance and testimony of wit nesses, as well as the production of 5
evidence. Subpoenas issued by a licensing authority in a member state for 6
the attendance and testimony of witnesses or the production of evidence 7
from another member state shall be enforced in the latter state by any co urt 8
of competent jurisdiction, according to the practice and procedure of that 9
court applicable to subpoenas issued in proceedings before it. The issuing 10
licensing authority shall pay any witness fees, travel expenses, mileage, and 11
other fees required by the service statutes of the state in which the witnesses 12
or evidence are located; 13
4. If otherwise permitted by state law, recover from the affected licensee the 14
costs of investigations and disposition of cases resulting from any adverse 15
action taken against that licensee; and 16
5. Take adverse action against the licensee’s authorization to practice in that 17
state based on the factual findings of another member state. 18
F. If an adverse action is taken by the home state against a licensee’s multistate 19
license or s ingle-state license to practice in the home state, the licensee’s 20
authorization to practice in all other member states shall be deactivated until all 21
encumbrances have been removed from such license. All home state disciplinary 22
orders that impose an advers e action against a licensee shall include a statement 23
that the massage therapist’s authorization to practice is deactivated in all member 24
states during the pendency of the order. 25
G. If adverse action is taken by a remote state against a licensee’s authoriz ation to 26
practice, that adverse action applies to all authorizations to practice in all remote 27
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states. A licensee whose authorization to practice in a remote state is removed for 1
a specified period of time is not eligible to apply for a new multistate lice nse in 2
any other state until the specific time for removal of the authorization to practice 3
has passed and all encumbrance requirements are satisfied. 4
H. Nothing in this compact shall override a member state’s authority to accept a 5
licensee’s participation in an alternative program in lieu of adverse action. A 6
licensee’s multistate license shall be suspended for the duration of the licensee’s 7
participation in any alternative program. 8
I. Joint Investigations 9
1. In addition to the authority granted to a member state by its respective scope 10
of practice laws or other applicable state law, a member state may 11
participate with other member states in joint investigations of licensees. 12
2. Member states shall share any investigative, litigation, or compliance 13
materials in furtherance of any joint or individual investigation initiated 14
under the compact. 15
ARTICLE 7- ACTIVE MILITARY MEMBERS AND THEIR SPOUSES 16
Active military members, or their spouses, shall designate a home state where the 17
individual has a current license t o practice massage therapy in good standing. The 18
individual may retain their home state designation during any period of service when 19
that individual or their spouse is on active duty assignment. 20
ARTICLE 8- ESTABLISHMENT AND OPERATION OF INTERSTATE MASSAGE 21
COMPACT COMMISSION 22
A. The compact member states hereby create and establish a joint government 23
agency whose membership consists of all member states that have enacted the 24
compact known as the Interstate Massage Compact Commission. The 25
commission is an ins trumentality of the compact states acting jointly and not an 26
instrumentality of any one (1) state. The commission shall come into existence on 27
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or after the effective date of the compact as set forth in Article 12 of this compact. 1
B. Membership, Voting, and Meetings 2
1. Each member state shall have and be limited to one (1) delegate selected by 3
that member state’s state licensing authority. 4
2. The delegate shall be the primary administrative officer of the state 5
licensing authority or their designee. 6
3. The c ommission shall by rule or bylaw establish a term of office for 7
delegates and may by rule or bylaw establish term limits. 8
4. The commission may recommend removal or suspension of any delegate 9
from office. 10
5. A member state’s state licensing authority shall fill any vacancy of its 11
delegate occurring on the commission within sixty (60) days of the vacancy. 12
6. Each delegate shall be entitled to one (1) vote on all matters that are voted 13
on by the commission. 14
7. The commission shall meet at least once during ea ch calendar year. 15
Additional meetings may be held as set forth in the bylaws. The commission 16
may meet by telecommunication, video conference, or other similar 17
electronic means. 18
C. The commission shall have the following powers: 19
1. Establish the fiscal year of the commission; 20
2. Establish code of conduct and conflict of interest policies; 21
3. Adopt rules and bylaws; 22
4. Maintain its financial records in accordance with the bylaws; 23
5. Meet and take such actions as are consistent with th e provisions of this 24
compact, the commission’s rules, and the bylaws; 25
6. Initiate and conclude legal proceedings or actions in the name of the 26
commission, provided that the standing of any state licensing authority to 27
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sue or be sued under applicable law shall not be affected; 1
7. Maintain and certify records and information provided to a member state as 2
the authenticated business records of the commission, and designate an 3
agent to do so on the commission's behalf; 4
8. Purchase and maintain insurance and bonds; 5
9. Borrow, accept, or contract for services of personnel, including but not 6
limited to employees of a member state; 7
10. Conduct an annual financial review; 8
11. Hire employees, elect or appoint officers, fix compensation, define duties, 9
grant such individuals appropriate authority to carry out the purposes of the 10
compact, and establish the commission’s personnel policies and programs 11
relating to conflicts of interest, qualifications of personnel, and other 12
related personnel matters; 13
12. Assess and collect fees; 14
13. Accept any and all appropriate gifts, donations, grants of money, other 15
sources of revenue, equipment, supplies, materials, and services, and 16
receive, utilize, and dispose of the same; provided that at all times the 17
commission shall avoid any ap pearance of impropriety or conflict of 18
interest; 19
14. Lease, purchase, retain, own, hold, improve, or use any property, real, 20
personal, or mixed, or any undivided interest therein; 21
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 22
dispose of any property, real, personal, or mixed; 23
16. Establish a budget and make expenditures; 24
17. Borrow money; 25
18. Appoint committees, including standing committees, composed of members, 26
state regulators, state legislators or their representatives, and consumer 27
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representatives, and such other interested persons as may be designated in 1
this compact and the bylaws; 2
19. Accept and transmit complaints from the public, regulatory or law 3
enforcement agencies, or the commission, to the relevant member state or 4
states regarding potential misconduct of licensees; 5
20. Elect a chair, vice chair, secretary, treasurer, and such other officers of the 6
commission as provided in the commission’s bylaws; 7
21. Establish and elect an executive committee, including a chair and a vice 8
chair; 9
22. Adopt and provide to the member states an annual report; 10
23. Determine whether a state’s adopted language is materially different from 11
the model compact language such that the state would not qualify for 12
participation in the compact; and 13
24. Perform such other functions as may be necessary or appropriate to achieve 14
the purposes of this compact. 15
D. The Executive Committee 16
1. The executive committee shall have the power to act on behalf of the 17
commission according to the terms of this compa ct. The powers, duties, and 18
responsibilities of the executive committee shall include: 19
a. Overseeing the day -to-day activities of the administration of the 20
compact, including compliance with the provisions of the compact, the 21
commission’s rules and bylaws, and other such duties as deemed 22
necessary; 23
b. Recommending to the commission changes to the rules or bylaws, 24
changes to this compact legislation, fees charged to compact member 25
states, fees charged to licensees, and other fees; 26
c. Ensuring compact administration services are appropriately provided, 27
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including by contract; 1
d. Preparing and recommending the budget; 2
e. Maintaining financial records on behalf of the commission; 3
f. Monitoring compact compliance of member states and providing 4
compliance reports to the commission; 5
g. Establishing additional committees as necessary; 6
h. Exercise the powers and duties of the commission during the interim 7
between commission meetings, except for adopting or amending rules, 8
adopting or amending bylaws, and exercising any other powers and 9
duties expressly reserved to the commission by rule or bylaw; and 10
i. Other duties as provided in the rules or bylaws of the commission. 11
2. The executive committee shall be composed of seven (7) voting members 12
and up to two (2) ex-officio members as follows: 13
a. The chair and vice chair of the commission and any other members of 14
the commission who serve on the executive committee shall be voting 15
members of the executive committee; 16
b. Other than the chair, vice chair, secretary, and treasurer, the 17
commission shall elect three (3) voting m embers from the current 18
membership of the commission; and 19
c. The commission may elect ex-officio, nonvoting members as necessary 20
as follows: 21
i. One (1) ex -officio member who is a representative of the 22
national association of state massage therapy regulator y boards; 23
and 24
ii. One (1) ex -officio member as specified in the commission’s 25
bylaws. 26
3. The commission may remove any member of the executive committee as 27
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provided in the commission’s bylaws. 1
4. The executive committee shall meet at least annually. 2
a. Executive committee meetings shall be open to the public, except that 3
the executive committee may meet in a closed, nonpublic session of a 4
public meeting when dealing with any of the matters covered under 5
subsection F.4. of this article. 6
b. The executive commi ttee shall give five (5) business days advance 7
notice of its public meetings, posted on its website and as determined 8
to provide notice to persons with an interest in the public matters the 9
executive committee intends to address at those meetings. 10
5. The executive committee may hold an emergency meeting when acting for 11
the commission to: 12
a. Meet an imminent threat to public health, safety, or welfare; 13
b. Prevent a loss of commission or participating state funds; or 14
c. Protect public health and safety. 15
E. The commission shall adopt and provide to the member states an annual report. 16
F. Meetings of the Commission 17
1. All meetings of the commission that are not closed pursuant to this 18
subsection shall be open to the public. Notice of public meetings shall be 19
posted on the commission’s website at least thirty (30) days prior to the 20
public meeting. 21
2. Notwithstanding subsection F.1. of this article, the commission may 22
convene an emergency public meeting by providing at least twenty -four (24) 23
hours' prior notice on the commission’s website, and any other means as 24
provided in the commission’s rules, for a ny of the reasons it may dispense 25
with notice of proposed rulemaking under Article 10.L. of this compact. The 26
commission’s legal counsel shall certify that one (1) of the reasons 27
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justifying an emergency public meeting has been met. 1
3. Notice of all commission meetings shall provide the time, date, and location 2
of the meeting, and if the meeting is to be held or accessible via 3
telecommunication, video conference, or other electronic means, the notice 4
shall include the mechanism for access to the meeting. 5
4. The commission may convene in a closed, nonpublic meeting for the 6
commission to discuss: 7
a. Noncompliance of a member state with its obligations under the 8
compact; 9
b. The employment, compensation, discipline or other matters, practices 10
or procedures related to specific employees, or other matters related to 11
the commission’s internal personnel practices and procedures; 12
c. Current or threatened discipline of a licensee by the commission or by 13
a member state’s licensing authority; 14
d. Current, threatened, or reasonably anticipated litigation; 15
e. Negotiation of contracts for the purchase, lease, or sale of goods, 16
services, or real estate; 17
f. Accusing any person of a crime or formally censuring any person; 18
g. Trade secrets or commercial or financial information that is privileged 19
or confidential; 20
h. Information of a personal nature where disclosure would constitute a 21
clearly unwarranted invasion of personal privacy; 22
i. Investigative records compiled for law enforcement purposes; 23
j. Information related to any invest igative reports prepared by or on 24
behalf of or for use of the commission or other committee charged 25
with responsibility of investigation or determination of compliance 26
issues pursuant to the compact; 27
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k. Legal advice; 1
l. Matters specifically exempted from d isclosure to the public by federal 2
or member state law; or 3
m. Other matters as promulgated by the commission by rule. 4
5. If a meeting, or portion of a meeting, is closed, the presiding officer shall 5
state that the meeting will be closed and reference each relevant exempting 6
provision, and such reference shall be recorded in the minutes. 7
6. The commission shall keep minutes that fully and clearly describe all 8
matters discussed in a meeting and shall provide a full and accurate 9
summary of actions taken, and the reasons therefor, including a description 10
of the views expressed. All documents considered in connection with an 11
action shall be identified in such minutes. All minutes and documents of a 12
closed meeting shall remain under seal, subject to release only b y a majority 13
vote of the commission or order of a court of competent jurisdiction. 14
G. Financing of the Commission 15
1. The commission shall pay, or provide for the payment of, the reasonable 16
expenses of its establishment, organization, and ongoing activities. 17
2. The commission may accept any and all appropriate sources of revenue, 18
donations, and grants of money, equipment, supplies, materials, and 19
services. 20
3. The commission may levy on and collect an annual assessment from each 21
member state and impose fees o n licensees of member states to whom it 22
grants a multistate license to cover the cost of the operations and activities 23
of the commission and its staff, which must be in a total amount sufficient 24
to cover its annual budget as approved each year for which re venue is not 25
provided by other sources. The aggregate annual assessment amount for 26
member states shall be allocated based upon a formula that the commission 27
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shall promulgate by rule. 1
4. The commission shall not incur obligations of any kind prior to securi ng 2
the funds adequate to meet the same; nor shall the commission pledge the 3
credit of any member states, except by and with the authority of the member 4
state. 5
5. The commission shall keep accurate accounts of all receipts and 6
disbursements. The receipts an d disbursements of the commission shall be 7
subject to the financial review and accounting procedures established under 8
its bylaws. All receipts and disbursements of funds handled by the 9
commission shall be subject to an annual financial review by a certifi ed or 10
licensed public accountant, and the report of the financial review shall be 11
included in and become part of the annual report of the commission. 12
H. Qualified Immunity, Defense, and Indemnification 13
1. The members, officers, executive director, employees, and representatives of 14
the commission shall be immune from suit and liability, both personally and 15
in their official capacity, for any claim for damage to or loss of property or 16
personal injury or other civil liability caused by or arising out of any ac tual 17
or alleged act, error, or omission that occurred, or that the person against 18
whom the claim is made had a reasonable basis for believing occurred, 19
within the scope of commission employment, duties, or responsibilities; 20
provided that nothing in this pa ragraph shall be construed to protect any 21
such person from suit or liability for any damage, loss, injury, or liability 22
caused by the intentional or willful or wanton misconduct of that person. 23
The procurement of insurance of any type by the commission sha ll not in 24
any way compromise or limit the immunity granted hereunder. 25
2. The commission shall defend any member, officer, executive director, 26
employee, and representative of the commission in any civil action seeking 27
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to impose liability arising out of any actual or alleged act, error, or omission 1
that occurred within the scope of commission employment, duties, or 2
responsibilities, or as determined by the commission that the person against 3
whom the claim is made had a reasonable basis for believing occurred 4
within the scope of commission employment, duties, or responsibilities; 5
provided that nothing herein shall be construed to prohibit that person from 6
retaining their own counsel at their own expense; and provided further, that 7
the actual or alleged act, error, or omission did not result from that person's 8
intentional or willful or wanton misconduct. 9
3. The commission shall indemnify and hold harmless any member, officer, 10
executive director, employee, and representative of the commission for the 11
amount of any settlement or judgment obtained against that person arising 12
out of any a ctual or alleged act, error, or omission that occurred within the 13
scope of commission employment, duties, or responsibilities, or that such 14
person had a reasonable basis for believing occurred within the scope of 15
commission employment, duties, or responsib ilities, provided that the actual 16
or alleged act, error, or omission did not result from the intentional or 17
willful or wanton misconduct of that person. 18
4. Nothing herein shall be construed as a limitation on the liability of any 19
licensee for professional malpractice or misconduct, which shall be 20
governed solely by any other applicable state laws. 21
5. Nothing in this compact shall be interpreted to waive or otherwise abrogate 22
a member state’s state action immunity or state action affirmative defense 23
with respect to antitrust claims under the Sherman Act, Clayton Act, or any 24
other state or federal antitrust or anticompetitive law or regulation. 25
6. Nothing in this compact shall be construed to be a waiver of sovereign 26
immunity by the member states or by the commission. 27
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ARTICLE 9- DATA SYSTEM 1
A. The commission shall provide for the development, maintenance, operation, and 2
utilization of a coordinated database and reporting system. 3
B. The commission shall assign each applicant for a multistate license a unique 4
identifier, as determined by the rules of the commission. 5
C. Notwithstanding any other provision of state law to the contrary, a member state 6
shall submit a uniform data set to the data system on all individuals to whom this 7
compact is applicable as required by the rules of the commission, including: 8
1. Identifying information; 9
2. Licensure data; 10
3. Adverse actions against a license and information related thereto; 11
4. Nonconfidential information related to alternative program participation, 12
the beginning and ending dates of such participation, and other information 13
related to such participation; 14
5. Any denial of application for licensure, and the reason or reasons for such 15
denial, excluding the reporting of any criminal history record information 16
where prohibited by law; 17
6. The existence of investigative information; 18
7. The existence of current significant investigative information; and 19
8. Other information that may facilitate the administration of this compact or 20
the protection of the public, as determined by the rules of the commission. 21
D. The records and information provided to a member state pursuant to this compact 22
or through the data system, when certified by the commission or an agent thereof, 23
shall constitute the authenticated business records of the comm ission, and shall 24
be entitled to any associated hearsay exception in any relevant judicial, quasi -25
judicial, or administrative proceedings in a member state. 26
E. The existence of current significant investigative information and the existence of 27
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investigative information pertaining to a licensee in any member state shall only 1
be available to other member states. 2
F. It is the responsibility of the member states to report any adverse action against a 3
licensee who holds a multistate license and to monitor the da tabase to determine 4
whether adverse action has been taken against such a licensee or license 5
applicant. Adverse action information pertaining to a licensee or license 6
applicant in any member state shall be available to any other member state. 7
G. Member sta tes contributing information to the data system may designate 8
information that may not be shared with the public without the express 9
permission of the contributing state. 10
H. Any information submitted to the data system that is subsequently expunged 11
pursuant to federal law or the laws of the member state contributing the 12
information shall be removed from the data system. 13
ARTICLE 10- RULEMAKING 14
A. The commission shall promulgate reasonable rules in order to effectively and 15
efficiently implement and administer the purposes and provisions of the compact. 16
A rule shall be invalid and have no force or effect only if a court of competent 17
jurisdiction holds that the rule is invalid because the commission exercised its 18
rulemaking authority in a manner that is beyond t he scope and purposes of the 19
compact, or the powers granted hereunder, or based upon another applicable 20
standard of review. 21
B. The rules of the commission shall have the force of law in each member state, 22
provided however that where the rules of the commission conflict with the laws of 23
the member state that establish the member state’s scope of practice as held by a 24
court of competent jurisdiction, the rules of the commission shall be ineffective in 25
that state to the extent of the conflict. 26
C. The commission shall exercise its rulemaking powers pursuant to the criteria set 27
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forth in this article and the rules adopted thereunder. Rules shall become binding 1
as of the date specified by the commission for each rule. 2
D. If a majority of the legislatures of the mem ber states reject a rule or portion of a 3
rule, by enactment of a statute or resolution in the same manner used to adopt the 4
compact within four (4) years of the date of adoption of the rule, then such rule 5
shall have no further force and effect in any memb er state or to any state 6
applying to participate in the compact. 7
E. Rules shall be adopted at a regular or special meeting of the commission. 8
F. Prior to adoption of a prop osed rule, the commission shall hold a public hearing 9
and allow persons to provide oral and written comments, data, facts, opinions, 10
and arguments. 11
G. Prior to adoption of a proposed rule by the commission, and at least thirty (30) 12
days in advance of the m eeting at which the commission will hold a public 13
hearing on the proposed rule, the commission shall provide a notice of proposed 14
rulemaking: 15
1. On the website of the commission or other publicly accessible platform; 16
2. To persons who have requested notice of the commission’s notices of 17
proposed rulemaking; and 18
3. In such other way or ways as the commission may by rule specify. 19
H. The notice of proposed rulemaking shall include: 20
1. The time, date, and location of the public hearing at which the commission 21
will hear public comments on the proposed rule and, if different, the time, 22
date, and location of the meeting where the commission will consider and 23
vote on the proposed rule; 24
2. If the hearing is held via telecommunication, video conference, or other 25
electronic means, the commission shall include the mechanism for access to 26
the hearing in the notice of proposed rulemaking; 27
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3. The text of the proposed rule and the reason therefor; 1
4. A request for comments on the proposed rule from any interested person; 2
and 3
5. The manner in which interested persons may submit written comments. 4
I. All hearings shall be recorded. A copy of the recording and all written comments 5
and documents received by the commission in response to the proposed rule shall 6
be available to the public. 7
J. Nothing in this article shall be construed as requiring a separate hearing on each 8
rule. Rules may be grouped for the convenience of the commission at hearings 9
required by this article. 10
K. The commission shall, by majority vote of all commissio ners, take final action on 11
the proposed rule based on the rulemaking record. 12
1. The commission may adopt changes to the proposed rule provided the 13
changes do not enlarge the original purpose of the proposed rule. 14
2. The commission shall provide an explanat ion of the reasons for substantive 15
changes made to the proposed rule as well as reasons for substantive 16
changes not made that were recommended by commenters. 17
3. The commission shall determine a reasonable effective date for the rule. 18
Except for an emergenc y as provided in subsection L. of this article, the 19
effective date of the rule shall be no sooner than thirty (30) days after the 20
commission issuing the notice that it adopted or amended the rule. 21
L. Upon determination that an emergency exists, the commiss ion may consider and 22
adopt an emergency rule with twenty -four (24) hours' notice, provided that the 23
usual rulemaking procedures provided in the compact and in this article shall be 24
retroactively applied to the rule as soon as reasonably possible, in no eve nt later 25
than ninety (90) days after the effective date of the rule. For the purposes of this 26
provision, an emergency rule is one that must be adopted immediately to: 27
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1. Meet an imminent threat to public health, safety, or welfare; 1
2. Prevent a loss of commission or member state funds; 2
3. Meet a deadline for the promulgation of a rule that is established by federal 3
law or rule; or 4
4. Protect public health and safety. 5
M. The commission or an authorized committee of the commission may direct 6
revisions to a pr eviously adopted rule for purposes of correcting typographical 7
errors, errors in format, errors in consistency, or grammatical errors. Public 8
notice of any revisions shall be posted on the website of the commission. The 9
revision shall be subject to challen ge by any person for a period of thirty (30) 10
days after posting. The revision may be challenged only on grounds that the 11
revision results in a material change to a rule. A challenge shall be made in 12
writing and delivered to the commission prior to the end of the notice period. If 13
no challenge is made, the revision will take effect without further action. If the 14
revision is challenged, the revision may not take effect without the approval of the 15
commission. 16
N. No member state’s rulemaking requirements shall apply under this compact. 17
ARTICLE 11- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 18
A. Oversight 19
1. The executive and judicial branches of state government in each member 20
state shall enforce this compact and take all actions necessary and 21
appropriate to implement the compact. 22
2. Venue is proper and judicial proceedings by or against the commission shall 23
be brought solely and exclusively in a court of competent jurisdiction where 24
the principal office of the commission is located. The commission may 25
waive venue and jurisdictional defenses to the extent it adopts or consents to 26
participate in alternative dis pute resolution proceedings. Nothing herein 27
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shall affect or limit the selection or propriety of venue in any action against 1
a licensee for professional malpractice, misconduct, or any such similar 2
matter. 3
3. The commission shall be entitled to receive serv ice of process in any 4
proceeding regarding the enforcement or interpretation of the compact and 5
shall have standing to intervene in such a proceeding for all purposes. 6
Failure to provide the commission service of process shall render a 7
judgment or order vo id as to the commission, this compact, or promulgated 8
rules. 9
B. Default, Technical Assistance, and Termination 10
1. If the commission determines that a member state has defaulted in the 11
performance of its obligations or responsibilities under this compact or the 12
promulgated rules, the commission shall provide written notice to the 13
defaulting state. The notice of default shall describe the default, the 14
proposed means of curing the default, and any other action that the 15
commission may take, and shall offer trai ning and specific technical 16
assistance regarding the default. 17
2. The commission shall provide a copy of the notice of default to the other 18
member states. 19
C. If a state in default fails to cure the default, the defaulting state may be 20
terminated from the co mpact upon an affirmative vote of a majority of the 21
delegates of the member states, and all rights, privileges, and benefits conferred 22
on that state by this compact may be terminated on the effective date of 23
termination. A cure of the default does not reli eve the offending state of 24
obligations or liabilities incurred during the period of default. 25
D. Termination of membership in the compact shall be imposed only after all other 26
means of securing compliance have been exhausted. Notice of intent to suspend 27
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or terminate shall be given by the commission to the governor, the majority and 1
minority leaders of the defaulting state’s legislature, the defaulting state’s state 2
licensing authority, and each of the member states’ state licensing authority. 3
E. A state that has been terminated is responsible for all assessments, obligations, 4
and liabilities incurred through the effective date of termination, including 5
obligations that extend beyond the effective date of termination. 6
F. Upon the termination of a state’s membe rship from this compact, that state shall 7
immediately provide notice to all licensees who hold a multistate license within 8
that state of such termination. The terminated state shall continue to recognize all 9
licenses granted pursuant to this compact for a minimum of one hundred eighty 10
(180) days after the date of said notice of termination. 11
G. The commission shall not bear any costs related to a state that is found to be in 12
default or that has been terminated from the compact, unless agreed upon in 13
writing between the commission and the defaulting state. 14
H. The defaulting state may appeal the action of the commission by petitioning the 15
United States District Court for the District of Columbia or the federal district 16
where the commission has its principal off ices. The prevailing party shall be 17
awarded all costs of such litigation, including reasonable attorney’s fees. 18
I. Dispute Resolution 19
1. Upon request by a member state, the commission shall attempt to resolve 20
disputes related to the compact that arise among member states and between 21
member and non-member states. 22
2. The commission shall promulgate a rule providing for both mediation and 23
binding dispute resolution for disputes as appropriate. 24
J. Enforcement 25
1. The commission, in the reasonable exercise of its discretion, shall enforce 26
the provisions of this compact and the commission’s rules. 27
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2. By majority vote as provided by commission rule, the commission may 1
initiate legal action against a member state in default in the United States 2
District Court for the District of Columbia or the federal district where the 3
commission has its principal offices to enforce compliance with the 4
provisions of the compact and its promulgated rules. The relief sought may 5
include both injunctive relief and damages. In the event judicial 6
enforcement is necessary, the prevailing party shall be awarded all costs of 7
such litigation, including reasonable attorney’s fees. The remedies herein 8
shall not be the exclusive remedies of the commission. The commission may 9
pursue any other reme dies available under federal or the defaulting 10
member state’s law. 11
3. A member state may initiate legal action against the commission in the 12
United States District Court for the District of Columbia or the federal 13
district where the commission has its prin cipal offices to enforce 14
compliance with the provisions of the compact and its promulgated rules. 15
The relief sought may include both injunctive relief and damages. In the 16
event judicial enforcement is necessary, the prevailing party shall be 17
awarded all costs of such litigation, including reasonable attorney’s fees. 18
4. No individual or entity other than a member state may enforce this compact 19
against the commission. 20
ARTICLE 12- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 21
A. The compact shall come into effect on the date on which the compact statute is 22
enacted into law in the seventh member state. 23
1. On or after the effective date of the compact, the commission shall convene 24
and review the enactment of each of the charter member states to determine 25
if the statu te enacted by each such charter member state is materially 26
different than the model compact statute. 27
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a. A charter member state whose enactment is found to be materially 1
different from the model compact statute shall be entitled to the 2
default process set forth in Article 11 of this compact. 3
b. If any member state is later found to be in default, or is terminated or 4
withdraws from the compact, the commission shall remain in 5
existence and the compact shall remain in effect even if the number of 6
member states should be less than seven (7). 7
2. Member states enacting the compact subsequent to the charter member 8
states shall be subject to the process set forth in Article 8.C.23. of this 9
compact to determine if their enactments are materially different from the 10
model compact statute and whether the y qualify for participation in the 11
compact. 12
3. All actions taken for the benefit of the commission or in furtherance of the 13
purposes of the administration of the compact prior to the effective date of 14
the compact or the commission coming into existence sha ll be considered to 15
be actions of the commission unless specifically repudiated by the 16
commission. 17
4. Any state that joins the compact shall be subject to the commission’s rules 18
and bylaws as they exist on the date on which the compact becomes law in 19
that state. Any rule that has been previously adopted by the commission 20
shall have the full force and effect of law on the day the compact becomes 21
law in that state. 22
B. Any member state may withdraw from this compact by enacting a statute 23
repealing that state’s enactment of the compact. 24
1. A member state’s withdrawal shall not take effect until one hundred eighty 25
(180) days after enactment of the repealing statute. 26
2. Withdrawal shall not affect the continuing requirement of the withdrawing 27
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state’s licensing aut hority to comply with the investigative and adverse 1
action reporting requirements of this compact prior to the effective date of 2
withdrawal. 3
3. Upon the enactment of a statute withdrawing from this compact, a state 4
shall immediately provide notice of such withdrawal to all licensees within 5
that state. Notwithstanding any subsequent statutory enactment to the 6
contrary, such withdrawing state shall continue to recognize all licenses 7
granted pursuant to this compact for a minimum of one hundred eighty 8
(180) days after the date of such notice of withdrawal. 9
C. Nothing contained in this compact shall be construed to invalidate or prevent any 10
licensure agreement or other cooperative arrangement between a member state 11
and a non-member state that does not conflict with the provisions of this compact. 12
D. This compact may be amended by the member states. No amendment to this 13
compact shall become effective and binding upon any member state until it is 14
enacted into the laws of all member states. 15
ARTICLE 13. CONSTRUCTION AND SEVERABILITY 16
A. This compact and the commission’s rulemaking authority shall be liberally 17
construed so as to effectuate the purposes, and the implementation and 18
administration of the compact. Provisions of the compact expressly authorizing or 19
requiring the promulgation of rules shall not be construed to limit the 20
commission’s rulemaking authority solely for those purposes. 21
B. The provisions of this compact shall be severable and if any phrase, clause, 22
sentence, or provision of this compact is held by a court of competent jurisdiction 23
to be contrary to the constitution of any member state, a state seeking 24
participation in the compact, or of the United States, or the applicability thereof 25
to any government, agency, person, or circumstance is held to be unconstitutional 26
by a court of competent jurisdiction, the validity of the remainder of this compact 27
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and the applicability thereof to any other government, agency, person, or 1
circumstance shall not be affected thereby. 2
C. Notwithstanding subsection B. of this article, the commission may deny a state’s 3
participation in the compact or, in accordance with the requirements of Article 4
11.B. of this compact terminate a member state’s participation in the compact, if 5
it determines that a constitutional requirement of a member state is a material 6
departure from the compact. Otherwise, if this compact shall be held to be 7
contrary to the constitution of any member state, the compact shall remain in full 8
force and effect as to the remaining member states and in full force and effect as 9
to the member state affected as to all severable matters. 10
ARTICLE 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE 11
LAWS 12
Nothing herein shall prevent or inhibit the enforcement of any other law of a member 13
state that is not inconsistent wi th the compact. Any laws, statutes, regulations, or other 14
legal requirements in a member state in conflict with the compact are superseded to the 15
extent of the conflict. All permissible agreements between the commission and the 16
member states are binding in accordance with their terms. 17
ARTICLE 15. APPLICABILITY TO KENTUCKY STATE GOVERNMENT 18
In order to clarify the effect of certain provisions of this compact and to ensure that the 19
rights and responsibilities of the various branches of government are maintaine d, the 20
following shall be in effect in this state: 21
A. By entering into this compact, this state authorizes the state licensing authority as 22
defined in Article 2 of this compact and as created by KRS 309.354 to implement 23
the provisions of this compact. 24
B. Notwithstanding any provision of this compact to the contrary: 25
1. When a rule is adopted pursuant to Article 10 of this compact, the state 26
licensing authority as defined by Article 2 of this compact shall have sixty 27
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(60) days to review the rule for the purp ose of filing the rule as an 1
emergency administrative regulation pursuant to KRS 13A.190 and for 2
filing the rule as an accompanying ordinary administrative regulation, 3
following the requirements of KRS Chapter 13A. Failure by the state 4
licensing authority as defined by Article 2 of this compact to promulgate a 5
rule adopted by the commission as an administrative regulation pursuant to 6
KRS Chapter 13A shall result in the initiation of the process for withdrawal 7
as set forth in Article 12 of this compact. Noth ing in these provisions shall 8
negate the applicability and effect of Article 10 of this compact to this state. 9
2. If the proposed administrative regulation is found deficient and the 10
deficiency is not resolved pursuant to KRS 13A.330 or 13A.335, the 11
provisions of Article 11 of this compact shall apply. If the procedures under 12
Article 11 of this compact fail to resolve an issue, the provisions of Article 13
12 of this compact shall apply. 14
3. If the commission created by Article 8 of this compact exercises its 15
rulemaking authority in a manner that is beyond the scope of the purposes 16
of this compact, or the powers granted under this compact, then such an 17
action by the commission shall be invalid and have no force or effect. 18
C. Article 8 of this compact pertaining to the financing of the commission shall not 19
be interpreted to obligate the general fund of this state. Any funds used to finance 20
this compact shall be from money collected pursuant to KRS 309.350 to 309.364. 21
D. This compact shall apply only to those massa ge therapists who practice or work 22
under a compact privilege. 23