AN ACT relating to interstate licensure compacts.

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AN ACT relating to interstate licensure compacts. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 314A IS CREATED TO 3
READ AS FOLLOWS: 4
RESPIRATORY CARE INTERSTATE COMPACT 5
SECTION 1. 6
TITLE AND PURPOSE 7
A. The purpose of this compact is to facilitate the interstate practice of respiratory 8
therapy with the goal of improving public access to respiratory therapy services by 9
providing respiratory therapists licensed in a member state the ability to practice 10
in other member states. This compact preserves the regulatory authority of states 11
to protect public health and safety through the current system of state licensure. 12
B. This compact is designed to achieve the following objectives: 13
1. Increase public access to respiratory therapy services by creating a 14
responsible, streamlined pathway for licensees to practice in member states 15
with the goal of improving outcomes for patients; 16
2. Enhance states’ ability to protect the public’s health and safety; 17
3. Promote the cooperation of member states in regulating the practice of 18
respiratory therapy within those member states; 19
4. Ease administrative burdens on states by encouraging the cooperation of 20
member states in regulating multistate respiratory therapy practice; 21
5. Support relocating active military members and their spouses; and 22
6. Promote mobility and address workforce shortages. 23
SECTION 2. 24
DEFINITIONS 25
As used in this compact, unless the context requires otherwise, the following 26
definitions shall apply: 27
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A. "Active military member" means any person with a full -time duty status in the 1
Armed Forces of the United States, including members of the National Guard 2
and Reserve; 3
B. "Adverse action" means any administrative, civil, equitable, or criminal action 4
permitted by a state’s laws which is imposed by any state authority with 5
regulatory authority over respiratory therapists, such as license denial, censure, 6
revocation, suspension, probation, monitoring of the licensee, or restriction on 7
the licensee’s practice, not including participation in an alternative program; 8
C. "Alternative program" means a nondisciplinary monitoring or practice 9
remediation process applicable to a respiratory therapist approved by any state 10
authority with regulatory authority over respiratory therapists. This includes but 11
is not limited to programs to which licensees with substance abuse or addiction 12
issues are referred in lieu of adverse action; 13
D. "Charter member states" means those member states who were the first seven (7) 14
states to enact the compact into the laws of their state; 15
E. "Commission" or "Respiratory Care Interstate Compact Commission" means the 16
government instrumentality and body politic whose membership consists of all 17
member states that have enacted the compact; 18
F. "Commissioner" means the individual appointed by a member state to serve as 19
the member of the commission for that member state; 20
G. "Compact" means the Respiratory Care Interstate Compact; 21
H. "Compact privilege" means the authorization granted by a remote state to allow a 22
licensee from another member state to practice as a respiratory therapist in the 23
remote state under the remote state’s laws and rules. The practice of respiratory 24
therapy occurs in the member state where the patient is located at the t ime of the 25
patient encounter; 26
I. "Criminal background check" means the submission by the member state of 27
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fingerprints or other biometric -based information on license applicants at the 1
time of initial licensing for the purpose of obtaining that applicant’s criminal 2
history record information, as defined in 28 C.F.R. sec. 20.3(d) or successor 3
provision, from the Federal Bureau of Investigation and the state’s criminal 4
history record repository, as defined in 28 C.F.R. sec. 20.3(f) or successor 5
provision; 6
J. "Data system" means the commission’s repository of information about licensees 7
as further set forth in Section 8 of this compact; 8
K. "Domicile" means the jurisdiction which is the licensee’s principal home for 9
legal purposes; 10
L. "Encumbered license" means a license that a state’s respiratory therapy 11
licensing authority has limited in any way; 12
M. "Executive committee" means a group of directors elected or appointed to act on 13
behalf of, and within the powers granted to them by, the commission; 14
N. "Home state" except as set forth in Section 5 of this compact, means the member 15
state that is the licensee’s primary domicile; 16
O. "Home state license" means an active license to practice respiratory therapy in a 17
home state that is not an encumbered license; 18
P. "Jurisprudence requirement" means an assessment of an individual’s knowledge 19
of the state laws and regulations governing the practice of respiratory therapy in 20
such state; 21
Q. "Licensee" means an individual who currently holds an authorization from the 22
state to practice as a respiratory therapist; 23
R. "Member state" means a state that has enacted the compact and been admitted to 24
the commission in accordance with the provisions herein and commission rules; 25
S. "Model compact" means the model for the Respiratory Care Interstate Compact 26
on file with the Council of State Governments or other entity as designated by the 27
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commission; 1
T. "Remote state" means a member state where a licensee is exercising or seeking to 2
exercise the compact privilege; 3
U. "Respiratory therapist" or "respiratory care practitioner" mea ns an individual 4
who holds a credential issued by the National Board for Respiratory Care, or its 5
successor, and holds a license in a state to practice respiratory therapy. For 6
purposes of this compact, any other title or status adopted by a state to repl ace the 7
term "respiratory therapist" or "respiratory care practitioner" shall be deemed 8
synonymous with "respiratory therapist" and shall confer the same rights and 9
responsibilities to the licensee under the provisions of this compact at the time of 10
its enactment; 11
V. "Respiratory therapy," "respiratory therapy practice," "respiratory care," "the 12
practice of respiratory care," and "the practice of respiratory therapy" means the 13
care and services provided by or under the direction and supervision of a 14
respiratory therapist or respiratory care practitioner; 15
W. "Respiratory therapy licensing authority" means the agency, board, or other 16
body of a state that is responsible for licensing and regulation of respiratory 17
therapists; 18
X. "Rule" means a regulation promulg ated by the commission that has the force 19
and effect of law; 20
Y. "Scope of practice" means the procedures, actions, and processes a respiratory 21
therapist licensed in a state or practicing under a compact privilege in a state is 22
permitted to undertake in tha t state and the circumstances under which the 23
respiratory therapist is permitted to undertake those procedures, actions, and 24
processes. Such procedures, actions, and processes, and the circumstances under 25
which they may be undertaken, may be established th rough means, including but 26
not limited to statutes, regulations, case law, and other processes available to the 27
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state respiratory therapy licensing authority or other government agency; 1
Z. "Significant investigative information" means information, records, and 2
documents received or generated by a state respiratory therapy licensing authority 3
pursuant to an investigation for which a determination has been made that there 4
is probable cause to believe that the licensee has violated a statute or regulation 5
that is considered more than a minor infraction for which the state respiratory 6
therapy licensing authority could pursue adverse action against the licensee; and 7
AA. "State" means any state, commonwealth, district, or territory of the United States. 8
SECTION 3. 9
STATE PARTICIPATION IN THIS COMPACT 10
A. In order to participate in this compact and thereafter continue as a member state, 11
a member state shall: 12
1. Enact a compact that is not materially different from the model compact; 13
2. License respiratory therapists; 14
3. Participate in the commission’s data system; 15
4. Have a mechanism in place for receiving and investigating complaints 16
against licensees and compact privilege holders; 17
5. Notify the commission, in compliance with the terms of this compact and 18
commission r ules, of any adverse action against a licensee, a compact 19
privilege holder, or a license applicant; 20
6. Notify the commission, in compliance with the terms of this compact and 21
commission rules, of the existence of significant investigative information; 22
7. Comply with the rules of the commission; 23
8. Grant the compact privilege to a holder of an active home state license and 24
otherwise meet the applicable requirements of Section 4 of this compact in a 25
member state; and 26
9. a. Complete a criminal background check for each new licensee at the 27
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time of initial licensure. 1
b. Where expressly authorized or permitted by federal law, whether such 2
federal law is in effect prior to, at, or after the time of a member state’s 3
enactment of this compact, a member state’s enactm ent of this 4
compact shall hereby authorize the member state’s respiratory therapy 5
licensing authority to perform criminal background checks as defined 6
in Section 2 of this compact. The absence of such a federal law as 7
described in this subsection shall not prevent or preclude such 8
authorization where it may be derived or granted through means other 9
than the enactment of this compact. 10
B. Nothing in this compact prohibits a member state from charging a fee for 11
granting and renewing the compact privilege. 12
SECTION 4. 13
COMPACT PRIVILEGE 14
A. To exercise the compact privilege under the terms and provisions of the compact, 15
the licensee shall: 16
1. Hold and maintain an active home state license as a respiratory therapist; 17
2. Hold and maintain an active credential from the National Board for 18
Respiratory Care, or its successor, that would qualify them for licensure in 19
the remote state in which they are seeking the compact privilege; 20
3. Have not had any adverse action against a license within the previous two 21
(2) years; 22
4. Notify the commission that the licensee is seeking the compact privilege 23
within a remote state; 24
5. Pay any applicable fees, including any state and commission fees and 25
renewal fees, for the compact privilege; 26
6. Meet any jurisprudence requirements established by the remote state in 27
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which the licensee is seeking a compact privilege; 1
7. Report to the commission adverse action taken by any nonmember state 2
within thirty (30) days from the date the adverse action is taken; 3
8. Report to the commission, when applying for a compact privilege, the 4
address of the licensee’s domicile and thereafter promptly report to the 5
commission any change in th e address of the licensee’s domicile within 6
thirty (30) days of the effective date of the change in address; and 7
9. Consent to accept service of process by mail at the licensee’s domicile on 8
record with the commission with respect to any action brought aga inst the 9
licensee by the commission or a member state, and consent to accept service 10
of a subpoena by mail at the licensee’s domicile on record with the 11
commission with respect any action brought or investigation conducted by 12
the commission or a member state. 13
B. The compact privilege is valid until the expiration date or revocation of the home 14
state license unless terminated pursuant to adverse action. The licensee must 15
comply with all of the requirements of subsection A. of this section to maintain 16
the compact privilege in a remote state. If those requirements are met, no adverse 17
actions are taken, and the licensee has paid any applicable compact privilege 18
renewal fees, then the licensee will maintain the licensee’s compact privilege. 19
C. A licensee providin g respiratory therapy in a remote state under the compact 20
privilege shall function within the scope of practice authorized by the remote state 21
for the type of respiratory therapist license the licensee holds. Such procedures, 22
actions, processes, and the ci rcumstances under which they may be undertaken 23
may be established through means, including but not limited to statutes, 24
regulations, case law, and other processes available to the state respiratory 25
therapy licensing authority or other government agency. 26
D. If a licensee’s compact privilege in a remote state is removed by the remote state, 27
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the individual shall lose or be ineligible for the compact privilege in that remote 1
state until the compact privilege is no longer limited or restricted by that state. 2
E. If a home state license is encumbered, the licensee shall lose the compact 3
privilege in all remote states until the following occur: 4
1. The home state license is no longer encumbered; and 5
2. Two (2) years have elapsed from the date on which the license is no longer 6
encumbered due to the adverse action. 7
F. Once a licensee with a restricted or limited license meets the requirements of 8
subsection E. of this section, the licensee must also meet the requirements of 9
subsection A. of this section to obtain a compact privilege in a remote state. 10
SECTION 5. 11
ACTIVE MILITARY MEMBER OR THEIR SPOUSE 12
A. An active military member, or their spouse, shall designate a home state where 13
the individual has a current license in good standing. The individual may retain 14
the home st ate designation during the period the service member is on active 15
duty. 16
B. An active military member and their spouse shall not be required to pay to the 17
commission for a compact privilege any fee that may otherwise be charged by the 18
commission. If a remot e state chooses to charge a fee for a compact privilege, it 19
may choose to charge a reduced fee or no fee to an active military member and 20
their spouse for a compact privilege. 21
SECTION 6. 22
ADVERSE ACTIONS 23
A. A member state in which a licensee is licensed sh all have authority to impose 24
adverse action against the license issued by that member state. 25
B. A member state may take adverse action based on significant investigative 26
information of a remote state or the home state, so long as the member state 27
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follows its own procedures for imposing adverse action. 1
C. Nothing in this compact shall override a member state’s decision that 2
participation in an alternative program may be used in lieu of adverse action and 3
that such participation shall remain nonpublic if requ ired by the member state’s 4
laws. 5
D. A remote state shall have the authority to: 6
1. Take adverse actions as set forth herein against a licensee’s compact 7
privilege in that state; 8
2. Issue subpoenas for both hearings and investigations that require the 9
attendance and testimony of witnesses, and the production of evidence. 10
a. Subpoenas may be issued by a respiratory therapy licensing authority 11
in a member state for the attendance and te stimony of witnesses and 12
the production of evidence. 13
b. Subpoenas issued by a respiratory therapy licensing authority in a 14
member state for the attendance and testimony of witnesses shall be 15
enforced in the latter state by any court of competent jurisdicti on in 16
the latter state, according to the practice and procedure of that court 17
applicable to subpoenas issued in proceedings pending before it. 18
c. Subpoenas issued by a respiratory therapy licensing authority in a 19
member state for production of evidence fro m another member state 20
shall be enforced in the latter state, according to the practice and 21
procedure of that court applicable to subpoenas issued in the 22
proceedings pending before it. 23
d. The issuing authority shall pay any witness fees, travel expenses, 24
mileage, and other fees required by the service statutes of the state 25
where the witnesses or evidence are located; 26
3. Unless otherwise prohibited by state law, recover from the licensee the costs 27
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of investigations and disposition of cases resulting from any adverse action 1
taken against that licensee; 2
4. Notwithstanding paragraph 2. of this subsection, a member state may not 3
issue a subpoena to gather evidence of conduct in another member state 4
that is lawful in such other member state for the purpose of taki ng adverse 5
action against a licensee’s compact privilege or application for a compact 6
privilege in that member state; and 7
5. Nothing in this compact authorizes a member state to impose discipline 8
against a respiratory therapist’s compact privilege in that member state for 9
the individual’s otherwise lawful practice in another state. 10
E. Joint investigations. 11
1. In addition to the authority granted to a member state by its respective 12
respiratory therapy practice act or other applicable state law, a member state 13
may participate with other member states in joint investigations of licensees, 14
provided, however, that a member state receiving such a request has no 15
obligation to respond to any subpoena issued regarding an investigation of 16
conduct or practice that was lawful in a member state at the time it was 17
undertaken. 18
2. Member states shall share any significant investigative information, 19
litigation, or compliance materials in furtherance of any joint or individual 20
investigation initiated under the compact. In shar ing such information 21
between member state respiratory therapy licensing authorities, all 22
information obtained shall be kept confidential, except as otherwise 23
mutually agreed upon by the sharing and receiving member state or states. 24
F. Nothing in this compa ct may permit a member state to take any adverse action 25
against a licensee or holder of a compact privilege for conduct or practice that 26
was legal in the member state at the time it was undertaken. 27
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G. Nothing in this compact may permit a member state to ta ke disciplinary action 1
against a licensee or holder of a compact privilege for conduct or practice that 2
was legal in the member state at the time it was undertaken. 3
SECTION 7. 4
ESTABLISHMENT OF THE RESPIRATORY CARE INTERSTATE COMPACT 5
COMMISSION 6
A. The compa ct member states hereby create and establish a joint government 7
agency whose membership consists of all member states that have enacted the 8
compact known as the Respiratory Care Interstate Compact Commission. The 9
commission is an instrumentality of the compact member states acting jointly and 10
not an instrumentality of any one (1) state. The commission shall come into 11
existence on or after the effective date of the compact, as set forth in Section 11 of 12
this compact. 13
B. Membership, Voting, and Meetings. 14
1. Each member state shall have and be limited to one (1) commissioner 15
selected by that member state’s respiratory therapy licensing authority. 16
2. The commissioner shall be an administrator or their designated staff 17
member of the member state’s respiratory therapy licensing authority. 18
3. The commission shall by rule or bylaw establish a term of office for 19
commissioners and may by rule or bylaw establish term limits. 20
4. The commission may recommend to a member state the removal or 21
suspension any commissioner from office. 22
5. A member state’s respiratory therapy licensing authority shall fill any 23
vacancy of its commissioner occurring on the commission within sixty (60) 24
days of the vacancy. 25
6. Each commissioner shall be entitled to one (1) vote on all matters befor e the 26
commission requiring a vote by commissioners. 27
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7. A commissioner shall vote in person or by such other means as provided in 1
the bylaws. The bylaws may provide for commissioners to meet by 2
telecommunication, videoconference, or other means of communication. 3
8. The commission shall meet at least once during each calendar year. 4
Additional meetings may be held as set forth in the bylaws. 5
C. The commission shall have the following powers: 6
1. Establish and amend the fiscal year of the commission; 7
2. Establish and amend bylaws and policies, including but not limited to a 8
code of conduct and conflict of interest; 9
3. Establish and amend rules, which shall be binding in all member states; 10
4. Maintain its financial records in accordance with the bylaws; 11
5. Meet and take such actions as are consistent with the provisions of this 12
compact, the commission’s rules, and the bylaws; 13
6. Initiate and conduct legal proceedings or actions in the name of the 14
commission, provided that the standing of any respiratory therapy licensing 15
authority to sue or be sued under applicable law shall not be affected; 16
7. Maintain and certify records and information provided to a member state as 17
the authenticated business record s of the commission, and designate an 18
agent to do so on the commission’s behalf; 19
8. Purchase and maintain insurance and bonds; 20
9. Accept or contract for services of personnel, including but not limited to 21
employees of a member state; 22
10. Conduct an annual financial review; 23
11. Hire employees, elect or appoint officers, fix compensation, define duties, 24
grant such individuals appropriate authority to carry out the purposes of the 25
compact, and establish the commission’s personnel policies and programs 26
relating to conflicts of interest, qualifications of personnel, and other 27
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related personnel matters; 1
12. Assess and collect fees; 2
13. Accept any and all appropriate gifts, donations, grants of money, other 3
sources of revenue, equipment, supplies, materials, and se rvices, and 4
receive, utilize, and dispose of the same, provided that at all times: 5
a. The commission shall avoid any appearance of impropriety; and 6
b. The commission shall avoid any appearance of conflict of interest; 7
14. Lease, purchase, retain, own, hol d, improve, or use any property, real, 8
personal, or mixed, or any undivided interest therein; 9
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 10
dispose of any property, real, personal, or mixed; 11
16. Establish a budget and make expenditures; 12
17. Borrow money in a fiscally responsible manner; 13
18. Appoint committees, including standing committees, composed of 14
commissioners, state regulators, state legislators or their representatives, 15
and consumer representatives, and such other intere sted persons as may be 16
designated in this compact and the bylaws; 17
19. Provide and receive information from, and cooperate with, law enforcement 18
agencies; 19
20. Establish and elect an executive committee, including a chair, vice -chair, 20
secretary, treasurer, a nd such other offices as the commission shall 21
establish by rule or bylaw; 22
21. Enter into contracts or arrangements for the management of the affairs of 23
the commission; 24
22. Determine whether a state’s adopted language is materially different from 25
the model compact language such that the state would not qualify for 26
participation in the compact; and 27
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23. Perform such other functions as may be necessary or appropriate to achieve 1
the purposes of this compact. 2
D. The Executive Committee. 3
1. The executive committee shall have the power to act on behalf of the 4
commission according to the terms of this compact. The powers, duties, and 5
responsibilities of the executive committee shall include: 6
a. Overseeing the day -to-day activities of the admin istration of the 7
compact, including enforcement and compliance with the provisions 8
of the compact, its rules and bylaws, and other such duties as deemed 9
necessary; 10
b. Recommending to the commission changes to the rules or bylaws, 11
changes to this compact le gislation, fees charged to compact member 12
states, fees charged to licensees, and other fees; 13
c. Ensuring compact administration services are appropriately provided, 14
including by contract; 15
d. Preparing and recommending the budget; 16
e. Maintaining financial records on behalf of the commission; 17
f. Monitoring compact compliance of member states and providing 18
compliance reports to the commission; 19
g. Establishing additional committees as necessary; 20
h. Exercising the powers and duties of the commission during the 21
interim between commission meetings, except for adopting or 22
amending rules, adopting or amending bylaws, and exercising any 23
other powers and duties expressly reserved to the commission by rule 24
or bylaw; and 25
i. Performing other duties as provided in the rule s or bylaws of the 26
commission. 27
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2. The executive committee shall be composed of up to nine (9) members, as 1
further set forth in the bylaws of the commission: 2
a. Seven (7) voting members who are elected by the commission from the 3
current membership of the commission; and 4
b. Two (2) ex-officio, nonvoting members; 5
3. The commission may remove any member of the executive committee as 6
provided in the commission’s bylaws. 7
4. The executive committee shall meet at least annually. 8
a. Executive committee meetings shal l be open to the public, except that 9
the executive committee may meet in a closed, non -public meeting as 10
provided in subsection F.4. of this section; 11
b. The executive committee shall give advance notice of its meetings, 12
posted on its website and as determi ned to provide notice to persons 13
with an interest in the business of the commission; and 14
c. The executive committee may hold a special meeting in accordance 15
with subsection F.2. of this section. 16
E. The commission shall adopt and provide to the member states an annual report. 17
F. Meetings of the Compact Commission. 18
1. All meetings of the commission that are not closed pursuant to paragraph 4. 19
of this subsection shall be open to the public. Notice of public meetings 20
shall be posted on the commission’s website at least thirty (30) days prior to 21
the public meeting. 22
2. Notwithstanding paragraph 1. of this subsection, the commission may 23
convene an emergency public meeting by providing at least twenty -four (24) 24
hours prior notice on the commission’s website, and any other means as 25
provided in the commission’s rules, for any of the reasons it may dispense 26
with notice of proposed rulemaking under subsection G. of Section 9 of this 27
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compact. The commission’s legal counsel shall certify that one (1) of the 1
reasons justifying an emergency public meeting has been met. 2
3. Notice of all commission meetings shall provide the time, date, and location 3
of the meeting, and if the meeting is to be held or accessible via 4
telecommunication, video conference, or other electronic means, the notice 5
shall include the mechanism for access to the meeting. 6
4. The commission or the executive committee may convene in a closed, 7
nonpublic meeting for the commission or executive committee to receive or 8
solicit legal advice or to discuss: 9
a. Noncompliance of a member state with its obligations under the 10
compact; 11
b. The employment, compensation, discipline or other matters, practices 12
or procedures related to specific employees; 13
c. Current or threatened discipline of a licensee or compact privilege 14
holder by the commission or by a member state’s respiratory therapy 15
licensing authority; 16
d. Current, threatened, or reasonably anticipated litigation; 17
e. Negotiation of contracts for the purchase, lease, or sale of goods, 18
services, or real estate; 19
f. Accusing any person of a crime or formally censuring any person; 20
g. Trade secrets or commercial or financial information that is privileged 21
or confidential; 22
h. Information of a personal nature where disclosure would constitute a 23
clearly unwarranted invasion of personal privacy; 24
i. Investigative records compiled for law enforcement purposes; 25
j. Information related to any investigative reports prepared by or on 26
behalf of or for use of the commission or other committee charged 27
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with responsibility of investigation or determination of compliance 1
issues pursuant to the compact; 2
k. Legal advice; 3
l. Matters specifically exempted from disclosure by federal or member 4
state law; or 5
m. Other matters as promulgated by the commission by rule. 6
5. If a meeting, or portion of a meeting, is closed, the presiding officer shall 7
state that the meeting will be closed and reference each relevant exempting 8
provision, and such reference shall be recorded in the minutes. 9
6. The commission shall keep minutes in accordance with commission rules 10
and bylaws. All documents considered in connection with an action shall be 11
identified in such minutes. All minutes and documents of a closed meeting 12
shall remain under seal, subject to release only by a majority vote of the 13
commission or order of a court of competent jurisdiction. 14
G. Financing of the Compact 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 revenue sources as 18
provided herein. 19
3. The commission may levy on and collect an annual assessment from each 20
member state and impose fees on li censees of member states to whom it 21
grants a compact privilege to cover the cost of the operations and activities 22
of the commission and its staff. The aggregate annual assessment amount 23
for member states, if any, shall be allocated based upon a formula tha t the 24
commission shall promulgate by rule. 25
4. The commission shall not incur obligations of any kind prior to securing 26
the funds or a loan adequate to meet the same; nor shall the commission 27
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pledge the credit of any of the member states, except by and with the 1
authority of the member state. 2
5. The commission shall keep accurate accounts of all receipts and 3
disbursements. The receipts and disbursements of the commission shall be 4
subject to the financial review and accounting procedures established under 5
its bylaws. However, all receipts and disbursements of funds handled by the 6
commission shall be subject to an annual financial review by a certified or 7
licensed public accountant, and the report of the financial review shall be 8
included in and become part of the annual report of the commission. 9
H. Qualified Immunity, Defense, and Indemnification. 10
1. Nothing herein shall be construed as a limitation on the liability of any 11
licensee for professional malpractice or misconduct, which shall be 12
governed solely by any other applicable state laws. 13
2. The member states, commissioners, officers, executive directors, employees, 14
and agents of the commission shall be immune from suit and liability, both 15
personally and in their official capacity, for any claim for damage to o r loss 16
of property or personal injury or other civil liability caused by or arising out 17
of any actual or alleged act, error, or omission that occurred, or that the 18
person against whom the claim is made had a reasonable basis for believing 19
occurred within t he scope of commission employment, duties or 20
responsibilities, provided that nothing in this subsection shall be construed 21
to protect any such person from suit or liability for any damage, loss, injury, 22
or liability caused by the intentional or willful or wanton misconduct of that 23
person. The procurement of insurance of any type by the commission shall 24
not in any way compromise or limit the immunity granted hereunder. 25
3. The commission shall defend any commissioner, officer, executive director, 26
employee, and agent of the commission in any civil action seeking to impose 27
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liability arising out of any actual or alleged act, error, or omission that 1
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
4. The commission shall indemnify and hold harmless any commissioner , 10
member, officer, executive director, employee, and agent of the commission 11
for the amount of any settlement or judgment obtained against that person 12
arising out of any actual or alleged act, error, or omission that occurred 13
within the scope of commission employment, duties, or responsibilities, or 14
that such person had a reasonable basis for believing occurred within the 15
scope of commission employment, duties, or responsibilities, provided that 16
the actual or alleged act, error, or omission did not result f rom the 17
intentional or willful or wanton misconduct of that person. 18
5. Nothing in this compact shall be interpreted to waive or otherwise abrogate 19
a member state’s state action immunity or state action affirmative defense 20
with respect to antitrust claims u nder the Sherman Act, Clayton Act, or any 21
other state or federal antitrust or anticompetitive law or regulation. 22
6. Nothing in this compact shall be construed to be a waiver of sovereign 23
immunity by the member states or by the commission. 24
7. The liability of the executive director and employees of the compact 25
commission or representatives of the compact commission, acting within the 26
scope of such person's employment or duties for acts, errors, or omissions, 27
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may not exceed the limits of liability set forth u nder the constitution and 1
laws of this state for state officials, employees, and agents. The compact 2
commission is considered to be an instrumentality of the states for the 3
purposes of any such action. 4
SECTION 8. 5
DATA SYSTEM 6
A. The commission shall provide for the development, maintenance, operation, and 7
utilization of a coordinated database and reporting system containing licensure, 8
adverse action, and the presence of significant investigative information. 9
B. Notwithstanding any other provision of state law to the contrary, a member state 10
shall submit a uniform data set to the data system as required by the rules of the 11
commission, including but not limited to: 12
1. Identifying information; 13
2. Licensure data; 14
3. Adverse actions ag ainst a licensee, license applicant, or compact privilege 15
holder and information related thereto; 16
4. Nonconfidential information related to alternative program participation, 17
the beginning and ending dates of such participation, and other information 18
related to such participation not made confidential under member state law; 19
5. Any denial of application for licensure, and the reasons for such denial; 20
6. The presence of current significant investigative information; and 21
7. Other information that may facilita te the administration of this compact or 22
the protection of the public, as determined by the rules of the commission. 23
C. No member state shall submit any information which constitutes criminal history 24
record information, as defined by applicable federal law , to the data system 25
established hereunder. 26
D. The records and information provided to a member state pursuant to this compact 27
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or through the data system, when certified by the commission or an agent thereof, 1
shall constitute the authenticated business rec ords of the commission, and shall 2
be entitled to any associated hearsay exception in any relevant judicial, quasi -3
judicial, or administrative proceedings in a member state. 4
E. Significant investigative information pertaining to a licensee in any member sta te 5
will only be available to other member states. 6
F. It is the responsibility of the member states to report any adverse action against a 7
licensee and to monitor the database to determine whether adverse action has 8
been taken against a licensee. adverse ac tion information pertaining to a licensee 9
in any member state will be available to any other member state. 10
G. Member states contributing information to the data system may designate 11
information that may not be shared with the public without the express 12
permission of the contributing state. 13
H. Any information submitted to the data system that is subsequently expunged 14
pursuant to federal law or the laws of the member state contributing the 15
information shall be removed from the data system. 16
SECTION 9. 17
RULEMAKING 18
A. The commission shall promulgate reasonable rules in order to effectively and 19
efficiently implement and administer the purposes and provisions of the compact. 20
A rule shall be invalid and have no force or effect only if a court of competent 21
jurisdiction holds that the rule is invalid because the commission exercised its 22
rulemaking authority in a manner that is beyond the scope and purposes of the 23
compact, or the powers granted hereunder, or based upon another applicable 24
standard of review. 25
B. For purposes of the compact, the rules of the commission shall have the force of 26
law in each member state. 27
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C. The commission shall exercise its rulemaking powers pursuant to the criteria set 1
forth in this section and the rules adopted thereunder. Rules shall become 2
binding as of the date specified in each rule. 3
D. If a majority of the legislatures of the member states rejects a rule or portion of a 4
rule, by enactment of a statute or resolution in the same manner used to adopt the 5
compact within four (4) years of the date of adoption of the rule, then such rule 6
shall have no further force and effect in any member state. 7
E. Rules shall be adopted at a regular or special meeting of the commission. 8
F. Prior to adoption of a proposed rule, the commission shall hold a publi c 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 meeting at which the commission will hold a p ublic 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 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 mechanism for access to the hearing in the notice of 26
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 th e proposed rule from any interested person; 2
and 3
5. The manner in which interested persons may submit written comments. 4
I. All hearings will be recorded. A copy of the recording and all written comments 5
and documents received by the commission in response t o the proposed rule shall 6
be available to the public. 7
J. Nothing in this section shall be construed as requiring a separate hearing on 8
each rule. Rules may be grouped for the convenience of the commission at 9
hearings required by this section. 10
K. The commission shall, by majority vote of all commissioners, take final action on 11
the proposed rule based on the rulemaking record and the full text of the rule. 12
1. The commission may adopt changes to the proposed rule provided the 13
changes are consistent with the original purpose of the proposed rule. 14
2. The commission shall provide an explanation 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 emergency as provided in subsection L. of this section, the 19
effective date of the rule shall be no sooner than thirty (30) days after 20
issuing the notice that it adopted or amended the rule. 21
L. Upon determination that an emergency exists, the commission may consider and 22
adopt an emergency rule with twenty -four (24) hours’ notice, and with 23
opportunity to comment, provided that the usual rulemaking procedures provided 24
in the compact and in this section shall be retroactively applied to the rule as soon 25
as reasonably possible, in no event later than ninety (90) days after the effective 26
date of the rule. For the purposes of this provision, an emergency rule is one that 27
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must be adopted immediately in order to: 1
1. Meet an imminent threat to public health, safety, or welfare; 2
2. Prevent a loss of commission or member state funds; 3
3. Meet a deadline for the promulgation of a rule that is established by federal 4
law or rule; or 5
4. Protect public health and safety. 6
M. The commission or an authorized committee of the commission may direct 7
revisions to a previously adopted rule for purposes of correcting typographical 8
errors, errors in format, errors in consistency, or grammatical errors. Public 9
notice of any revisions shall be posted on the website of the commission. The 10
revision shall be subject to challenge by any person for a period of thirty (30) 11
days after posting. The revision may be challenged only on grounds that the 12
revision results in a materi al change to a rule. A challenge shall be made in 13
writing and delivered to the commission prior to the end of the notice period. If 14
no challenge is made, the revision will take effect without further action. If the 15
revision is challenged, the revision may not take effect without the approval of the 16
commission. 17
N. No member state’s rulemaking process or procedural requirements shall apply to 18
the commission. The commission shall have no authority over any member state’s 19
rulemaking process or procedural requir ements that do not pertain to the 20
compact. 21
O. Nothing in this compact, nor any rule or regulation of the commission, shall be 22
construed to limit, restrict, or in any way reduce the ability of a member state to 23
enact and enforce laws, regulations, or other rules related to the practice of 24
respiratory therapy in that state, where those laws, regulations, or other rules are 25
not inconsistent with the provisions of this compact. 26
SECTION 10. 27
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OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 1
A. Oversight. 2
1. The exec utive and judicial branches of state government in each member 3
state shall enforce this compact and take all actions necessary and 4
appropriate to implement the compact. 5
2. Venue is proper and judicial proceedings by or against the commission shall 6
be brought solely and exclusively in a court of competent jurisdiction where 7
the principal office of the commission is located. The commission may 8
waive venue and jurisdictional defenses to the extent it adopts or consents to 9
participate in alternative dispute res olution proceedings. Nothing herein 10
shall affect or limit the selection or propriety of venue in any action against 11
a licensee for professional malpractice, misconduct or any such similar 12
matter. 13
3. The commission shall be entitled to receive service of pr ocess in any 14
proceeding regarding the enforcement or interpretation of the compact and 15
shall have standing to intervene in such a proceeding for all purposes. 16
Failure to provide the commission service of process shall render a 17
judgment or order void as to the commission, this compact, or promulgated 18
rules. 19
B. Default, Technical Assistance, and Termination. 20
1. If the commission determines that a member state has defaulted in the 21
performance of its obligations or responsibilities under this compact or the 22
promulgated rules, the commission shall provide written notice to the 23
defaulting state. The notice of default shall describe the default, the 24
proposed means of curing the default, and any other action that the 25
commission may take, and shall offer training and specific technical 26
assistance regarding the default. 27
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2. The commission shall provide a copy of the notice of default to the other 1
member states. 2
C. If a state in default fails to cure the default, the defaulting state may be 3
terminated from the compact upon an affirmative vote of a majority of the 4
commissioners of the member states, and all rights, privileges, and benefits 5
conferred on that state by this compact may be terminated on the effective date of 6
termination. A cure of the default does not relieve the offending state of 7
obligations or liabilities incurred during the period of default. 8
D. Termination of membership in the compact shall be imposed only after all other 9
means of securing compliance have been exhausted. Notice of intent to suspend 10
or terminate shall be given by the commission to the governor, the majority and 11
minority leaders of the defaulting state’s legislature, the defaulting state ’s 12
respiratory therapy licensing authority and each of the member states’ respiratory 13
therapy licensing authorities. 14
E. A state that has been terminated is responsible for all assessments, obligations, 15
and liabilities incurred through the effective date of termination, including 16
obligations that extend beyond the effective date of termination, if necessary. 17
F. Upon the termination of a state’s membership from this compact, that state shall 18
immediately provide notice to all licensees and compact privilege ho lders, of 19
which the commission has a record, within that state of such termination. The 20
terminated state shall continue to recognize all licenses granted pursuant to this 21
compact for a minimum of one hundred eighty (180) days after the date of said 22
notice of termination. 23
G. The commission shall not bear any costs related to a state that is found to be in 24
default or that has been terminated from the compact, unless agreed upon in 25
writing between the commission and the defaulting state. 26
H. The defaulting stat e may appeal the action of the commission by petitioning the 27
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United States District Court for the District of Columbia or the federal district 1
where the commission has its principal offices. The prevailing party shall be 2
awarded all costs of such litigation, including reasonable attorney’s fees. 3
I. Dispute Resolution. 4
1. Upon request by a member state, the commission shall attempt to resolve 5
disputes related to the compact that arise among member states and between 6
member and nonmember states. 7
2. The commission shall promulgate a rule providing for both mediation and 8
binding dispute resolution for disputes, as appropriate. 9
J. Enforcement. 10
1. By majority vote, as may be further provided by rule, the commission may 11
initiate legal action against a member state in default in the United States 12
District Court for the District of Columbia or the federal district where the 13
commission has its principal offices to enforce compliance with the 14
provisions of the compact and its promulgated rules. A member state by 15
enactment of this compact consents to venue and jurisdiction in such court 16
for the purposes set forth herein. The relief sought may include both 17
injunctive relief and damages. In the event judicial enforcement is 18
necessary, the prevailing party shall be awarded a ll costs of such litigation, 19
including reasonable attorney’s fees. The remedies herein shall not be the 20
exclusive remedies of the commission. The commission may pursue any 21
other remedies available under federal or the defaulting member state’s law. 22
2. A me mber state may initiate legal action against the commission in the 23
United States District Court for the District of Columbia or the federal 24
district where the commission has its principal offices to enforce 25
compliance with the provisions of the compact and its promulgated rules. 26
The relief sought may include both injunctive relief and damages. In the 27
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event judicial enforcement is necessary, the prevailing party shall be 1
awarded all costs of such litigation, including reasonable attorney’s fees. 2
3. No person other than a member state shall enforce this compact against the 3
commission. 4
SECTION 11. 5
EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 6
A. The compact shall come into effect on the date on which the compact statute is 7
enacted into law in the seventh member state. 8
1. On or after the effective date of the compact, the commission shall convene 9
and review the enactment of each of the first seven (7) member states to 10
determine if the statute enacted by each such charter member state is 11
materially different than the model compact. 12
a. A charter member state whose enactment is found to be materially 13
different from the model compact shall be entitled to the default 14
process set forth in Section 10 of this compact. 15
b. If any member state is later found to be in default, or is terminated or 16
withdraws from the compact, the commission shall remain in 17
existence and the compact shall remain in effect even if the number of 18
member states should be less than seven (7). 19
2. Member states enacting the compact subsequent to the seven ( 7) initial 20
charter member states shall be subject to the process set forth herein and 21
commission rule to determine if their enactments are materially different 22
from the model compact and whether they qualify for participation in the 23
compact. 24
3. All actions taken for the benefit of the commission or in furtherance of the 25
purposes of the administration of the compact prior to the effective date of 26
the compact or the commission coming into existence shall be considered to 27
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be actions of the commission unless sp ecifically repudiated by the 1
commission. The commission shall own and have all rights to any 2
intellectual property developed on behalf or in furtherance of the 3
commission by individuals or entities involved in organizing or establishing 4
the commission, as may be further set forth in rules of the commission. 5
4. Any state that joins the compact subsequent to the commission’s initial 6
adoption of the rules and bylaws shall be subject to the rules and bylaws as 7
they exist on the date on which the compact becomes law in that state. Any 8
rule that has been previously adopted by the commission shall have the full 9
force and effect of law on the date the compact becomes law in that state. 10
B. Any member state may withdraw from this compact by enacting a statute 11
repealing the same. 12
1. A member state’s withdrawal shall not take effect until one hundred eighty 13
(180) days after enactment of the repealing statute. 14
2. Withdrawal shall not affect the continuing requirement of the withdrawing 15
state’s respiratory therapy licensin g authority to comply with the 16
investigative and adverse action reporting requirements of this compact 17
prior to the effective date of withdrawal. 18
3. Upon the enactment of a statute withdrawing from this compact, a state 19
shall immediately provide notice of such withdrawal to all licensees and 20
compact privilege holders, of which the commission has a record, within 21
that state. Notwithstanding any subseque nt statutory enactment to the 22
contrary, such withdrawing state shall continue to recognize all licenses 23
granted pursuant to this compact for a minimum of one hundred eighty 24
(180) days after the date of such notice of withdrawal. 25
C. Nothing contained in this compact shall be construed to invalidate or prevent any 26
licensure agreement or other cooperative arrangement between a member state 27
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and a nonmember state that does not conflict with the provisions of this compact. 1
D. This compact may be amended by the me mber states. No amendment to this 2
compact shall become effective and binding upon any member state until it is 3
enacted into the laws of all member states. 4
SECTION 12. 5
CONSTRUCTION AND SEVERABILITY 6
A. This compact and the commission’s rulemaking authority s hall be liberally 7
construed so as to effectuate the purposes and the implementation and 8
administration of the compact. Provisions of the compact expressly authorizing or 9
requiring the promulgation of rules shall not be construed to limit the 10
commission’s rulemaking authority solely for those purposes. 11
B. The provisions of this compact shall be severable, and if any phrase, clause, 12
sentence or provision of this compact is held by a court of competent jurisdiction 13
to be contrary to the constitution of any mem ber state, a state seeking 14
participation in the compact, or of the United States, or the applicability thereof 15
to any government, agency, person, or circumstance is held to be unconstitutional 16
by a court of competent jurisdiction, the validity of the remai nder of this compact 17
and the applicability thereof to any other government, agency, person, or 18
circumstance shall not be affected thereby. 19
C. Notwithstanding subsection B. of this section, the commission may deny a state’s 20
participation in the compact or, in accordance with the requirements of Section 21
10 of this compact, terminate a member state’s participation in the compact, if it 22
determines that a constitutional requirement of a member state is a material 23
departure from the compact. Otherwise, if this co mpact shall be held to be 24
contrary to the constitution of any member state, the compact shall remain in full 25
force and effect as to the remaining member states and in full force and effect as 26
to the member state affected as to all severable matters. 27
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SECTION 13. 1
CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 2
A. Nothing herein shall prevent or inhibit the enforcement of any other law of a 3
member state that is not inconsistent with the compact. 4
B. Any laws, statutes, regulations, or other legal requireme nts in a member state in 5
conflict with the compact are superseded to the extent of the conflict, including 6
any subsequently enacted state laws. 7
C. All permissible agreements between the commission and the member states are 8
binding in accordance with their terms. 9
D. Other than as expressly set forth herein, nothing in this compact will impact 10
initial licensure. 11
SECTION 14. 12
APPLICABILITY TO KENTUCKY STATE GOVERNMENT 13
In order to clarify the effect of certain provisions of this compact and to ensure that the 14
rights and responsibilities of the various branches of government are maintained, the 15
following shall be in effect in this state: 16
A. By entering into this compact, this state authorizes the state respiratory therapy 17
licensing authority as defined in Section 2.W. of this compact and as created by 18
KRS 314A.200 to implement the provisions of this compact; 19
B. Notwithstanding any provision of this compact to the contrary: 20
1. When a rule is adopted pursuant to Section 9 of this compact, the state 21
respiratory therap y licensing authority as defined in Section 2.W. of this 22
compact shall have sixty (60) days to review the rule for the purpose of 23
filing the rule as an emergency administrative regulation pursuant to KRS 24
13A.190 and for filing the rule as an accompanying o rdinary administrative 25
regulation, in accordance with the requirements in KRS Chapter 13A. 26
Failure by the state respiratory therapy licensing authority as defined in 27
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Section 2.W. of this compact to promulgate a rule adopted by the 1
Respiratory Care Intersta te Compact Commission as an administrative 2
regulation pursuant to KRS Chapter 13A shall result in the initiation of the 3
process for withdrawal as set forth in Section 11 of this compact. Nothing in 4
these provisions shall negate the applicability and effect of a commission 5
rule or Section 9 of this compact to this state; 6
2. If the proposed administrative regulation is found deficient and the 7
deficiency is not resolved pursuant to KRS 13A.330 or 13A.335, the 8
provisions of Section 10 of this compact shall appl y. If the deficiency is 9
resolved in a manner determined by the Respiratory Care Interstate 10
Compact Commission to be inconsistent with this compact or its rules, or if 11
the procedures under Section 10 of this compact fail to resolve an issue, the 12
withdrawal provisions of Section 11 of this compact shall apply; and 13
3. If a court of competent jurisdiction determines that the Respiratory Care 14
Interstate Compact Commission created by Section 7 of this compact 15
exercises its rulemaking authority in a manner that is beyond the scope of 16
the purposes of this compact, or the powers granted under this compact, 17
then such an action by the commission shall be invalid and have no force or 18
effect; 19
C. Section 7.G. of this compact pertaining to the financing of the Respiratory Care 20
Interstate Compact Commission shall not be interpreted to obligate the general 21
fund of this state. Any funds used to finance this compact shall be from money 22
collected pursuant to KRS 314A.215; and 23
D. This compact shall apply only to those respiratory therapists who practice or work 24
under a compact privilege. 25
SECTION 2. A NEW SECTION OF KRS CHAPTER 310 IS CREATED TO 26
READ AS FOLLOWS: 27
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SECTION 1. 1
PURPOSE 2
The purpose of this compact is to facilitate interstate practice of dietetics with the goal 3
of improving public access to dietetics services. This compact preserves the regulatory 4
authority of states to protect public health and safety through the current system of 5
state licensure, while also providing for licensure portability through a compact 6
privilege granted to qualifying professionals. This compact is designed to achieve the 7
following objectives: 8
A. Increase public access to dietetics services; 9
B. Provide opportunities for interstate practice by licensed dietitians who meet 10
uniform requirements; 11
C. Eliminate the necessity for licenses in multiple states; 12
D. Reduce administrative burden on member states and licensees; 13
E. Enhance the states’ ability to protect the public’s health and safety; 14
F. Encourage the cooperation of member states in regulating multistate practice of 15
licensed dietitians; 16
G. Support relocating active military members and their spouses; 17
H. Enhance the exchange of licensure, in vestigative, and disciplinary information 18
among member states; and 19
I. Vest all member states with the authority to hold a licensed dietitian accountable 20
for meeting all state practice laws in the state in which the patient is located at the 21
time care is rendered. 22
SECTION 2. 23
DEFINITIONS 24
As used in this compact, and except as otherwise provided, the following definitions 25
shall apply: 26
A. "ACEND" means the Accreditation Council for Education in Nutrition and 27
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Dietetics or its successor organization; 1
B. "Active military member" means any individual with full -time duty status in the 2
active Armed Forces of the United States, including members of the National 3
Guard and Reserve; 4
C. "Adverse action" means any administrative, civil, equitable, or criminal action 5
permitted by a state’s laws which is imposed by a licensing authority or other 6
authority against a licensee, including actions against an individual’s license or 7
compact privilege such as revocation, suspension, probation, monitoring of the 8
licensee, limitati on on the licensee’s practice, or any other encumbrance on 9
licensure affecting a licensee’s authorization to practice, including issuance of a 10
cease and desist action; 11
D. "Alternative program" means a nondisciplinary monitoring or practice 12
remediation process approved by a licensing authority; 13
E. "CDR" means the Commission on Dietetic Registration or its successor 14
organization; 15
F. "Charter member state" means any member state which enacted this compact by 16
law before the effective date specified in Section 12 of this compact; 17
G. "Compact commission" means the government agency whose membership 18
consists of all states that have enacted this compact, which is known as the 19
Dietitian Licensure Compact Commission, as described in Section 8 of this 20
compact, and which shall operate as an instrumentality of the member states; 21
H. "Compact privilege" means a legal authorization, which is equivalent to a 22
license, permitting the practice of dietetics in a remote state; 23
I. "Continuing education" means a requirement, as a condition of license renewal, 24
to provide evidence of participation in, and completion of, educational and 25
professional activities relevant to practice or area of work; 26
J. "Current significant investigative information" means: 27
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1. Investigative information that a licensing authority, after a preliminary 1
inquiry that includes notification and an opportunity for the subject licensee 2
to respond, if required by state law, has reason to believe is not groundless 3
and, if proved true, would indicate more than a minor infraction; or 4
2. Investigative information that indicates that the subject licensee represents 5
an immediate threat to public health and safety regardless of whether the 6
subject licensee has been notified and had an opportunity to respond; 7
K. "Data system" means a repository of information about licensees, including but 8
not limited to continuing education, examination, licensure, investigative, 9
compact privilege, and adverse action information; 10
L. "Encumbered license" means a license in which an adverse action restricts a 11
licensee’s ability to practice dietetics; 12
M. "Encumbrance" means a revocation or suspension of, or any limitation on, a 13
licensee’s full and unrestricted practice of dietetics by a licensing authority; 14
N. "Executive committee" means a group of delegates elected or appointed to act on 15
behalf of, and within the powers granted to them by, this compact and the 16
compact commission; 17
O. "Home state" means the member state that is the license e’s primary state of 18
residence or that has been designated pursuant to Section 6 of this compact; 19
P. "Investigative information" means information, records, and documents received 20
or generated by a licensing authority pursuant to an investigation; 21
Q. "Jurisprudence requirement" means an assessment of an individual’s knowledge 22
of the state laws and regulations governing the practice of dietetics in such state; 23
R. "License" means an authorization from a member state to either: 24
1. Engage in the practice of dietetics, including medical nutrition therapy; or 25
2. Use the title "dietitian," "licensed dietitian," "licensed dietitian 26
nutritionist," "certified dietitian," or other title describing a substantially 27
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similar practitioner as the compact commission may further define by rule; 1
S. "Licensee" or "licensed dietitian" means an individual who currently holds a 2
license and who meets all of the requirements outlined in Section 4 of this 3
compact; 4
T. "Licensing authority" means the board or agency of a state, or equ ivalent, that is 5
responsible for the licensing and regulation of the practice of dietetics; 6
U. "Member state" means a state that has enacted the compact; 7
V. "Practice of dietetics" means the synthesis and application of dietetics as defined 8
by state law an d administrative regulations, primarily for the provision of 9
nutrition care services, including medical nutrition therapy, in person or via 10
telehealth, to prevent, manage, or treat diseases or medical conditions and 11
promote wellness; 12
W. "Registered dietitian" means a person who: 13
1. Has completed applicable education, experience, examination, and 14
recertification requirements approved by CDR; 15
2. Is credentialed by CDR as a registered dietitian or a registered dietitian 16
nutritionist; and 17
3. Is legally authorized to use the title registered dietitian or registered dietitian 18
nutritionist and the corresponding abbreviations "RD" or "RDN"; 19
X. "Remote state" means a member state other than the home state, where a 20
licensee is exercising or seeking to exercise a compact privilege; 21
Y. "Rule" means a regulation promulgated by the compact commission that has the 22
force of law; 23
Z. "Single state license" means a license issued by a member state within the 24
issuing state and does not include a compact privilege in any other member state; 25
AA. "State" means any state, commonwealth, district, or territory of the United States 26
of America; and 27
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AB. "Unencumbered license" means a license that authorizes a licensee to engage in 1
the full and unrestricted practice of dietetics. 2
SECTION 3. 3
STATE PARTICIPATION IN THE COMPACT 4
A. To participate in the compact, a state must currently: 5
1. License and regulate the practice of dietetics; and 6
2. Have a mechanism in place for receiving and investigating complaints 7
about licensees. 8
B. A member state shall: 9
1. Participate fully in the compact commission’s data system, including using 10
the unique identifier as defined in the rules; 11
2. Notify the compact commission, in compliance with the terms of the 12
compact and rules, of any adverse action or the availability of current 13
significant investigative information regarding a licensee; 14
3. Implement or utilize procedures for considering the criminal history record 15
information of applicants for an initial compact privilege. These procedures 16
shall include the submission o f fingerprints or other biometric -based 17
information by applicants for the purpose of obtaining an applicant’s 18
criminal history record information from the Federal Bureau of 19
Investigation and the agency responsible for retaining that state’s criminal 20
records. 21
a. A member state must fully implement a criminal history record 22
information requirement, within a time frame established by rule, 23
which includes receiving the results of the Federal Bureau of 24
Investigation record search and shall use those results in determining 25
compact privilege eligibility. 26
b. Communication between a member state and the compact commission 27
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or among member states regarding the verification of eligibility for a 1
compact privilege shall not include any information received from the 2
Federal Bureau of Investigation relating to a federal criminal history 3
record information check performed by a member state; 4
4. Comply with and enforce the rules of the compact commission; 5
5. Require an applicant for a compact privilege to obtain or retain a license in 6
the licensee’s home state and meet the home state’s qualifications for 7
licensure or renewal of licensure, as well as all other applicable state laws; 8
and 9
6. Recognize a compact privilege granted to a licensee who meets all of the 10
requirements outlined in Section 4 of this compact in accordance with the 11
terms of the compact and rules. 12
C. Member states may set and collect a fee for granting a compact privilege. 13
D. Individuals not residing in a member state shall continue to be able to apply for a 14
member state’s single state license as provided under the laws of each member 15
state. However, the single state license granted to these individuals shall not be 16
recognized as granting a compact privilege to engage in the practice of dietetics 17
in any other member state. 18
E. Nothing in this compact shall affect the requirements established by a member 19
state for the issuance of a single state license. 20
F. At no point shall the compact commission have the power to define the 21
requirements for the issuance of a single state license to practice dietetics. The 22
member states shall retain sole jurisdiction over the provision of these 23
requirements. 24
SECTION 4. 25
COMPACT PRIVILEGE 26
A. To exercise the compact privilege under the terms and provisions of the compact, 27
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the licensee shall: 1
1. Satisfy one (1) of the following: 2
a. Hold a valid current registration that gives the applicant the right to 3
use the term registered dietitian; or 4
b. Complete all of the following: 5
i. An education program which is either: 6
(a) A mast er’s degree or doctoral degree that is 7
programmatically accredited by ACEND or by a dietetics 8
accrediting agency recognized by the United States Department 9
of Education, which the compact commission may by rule 10
determine, and from a college or university accredited at the time 11
of graduation by the appropriate regional accrediting agency 12
recognized by the Council on Higher Education Accreditation 13
and the United States Department of Education; or 14
(b) An academic degree from a college or university in a 15
foreign country equivalent to the degree described in subsection 16
A.1.b.i. of this section that is programmatically accredited by 17
ACEND or by a dietetics accrediting agency recognized by the 18
United States Department of Education, which the compact 19
commission may by rule determine; 20
ii. A planned, documented, supervised practice experience in 21
dietetics that is programmatically accredited by ACEND or by a 22
dietetics accrediting agency recognized by the United States 23
Department of Education which the compact commission may by 24
rule determine and which involves at least one thousand (1,000) 25
hours of practice experience under the supervision of a 26
registered dietitian or a licensed dietitian; and 27
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iii. Successful completion of either the registration examination for 1
dietitians administered by CDR or a national credentialing 2
examination for dietitians approved by the compact commission 3
by rule, with such completion being no more than five (5) years 4
prior to the date of the licensee’s application for initial licensure 5
and accompanied by a period of continuous licensure thereafter, 6
all of which may be further governed by the Rules of the 7
compact commission; 8
2. Hold an unencumbered license in the home state; 9
3. Notify the compact commission that the licensee is seeking a compac t 10
privilege within a remote state or states; 11
4. Pay any applicable fees, including any state fee, for the compact privilege; 12
5. Meet any jurisprudence requirements established by the remote state or 13
states in which the licensee is seeking a compact privilege; and 14
6. Report to the compact commission any adverse action, encumbrance, or 15
restriction on a license taken by any nonmember state within thirty (30) 16
days from the date the action is taken. 17
B. The compact privilege is valid until the expiration date of the home state license. 18
To maintain a compact privilege, renewal of the compact privilege shall be 19
congruent with the renewal o f the home state license as the compact commission 20
may define by rule. The licensee must comply with the requirements of subsection 21
A. of this section to maintain the compact privilege in the remote state or states. 22
C. A licensee exercising a compact privilege shall adhere to the laws and regulations 23
of the remote state. Licensees shall be responsible for educating themselves on, 24
and complying with, any and all state laws relating to the practice of dietetics in 25
such remote state. 26
D. Notwithstanding anything to the contrary provided in this compact or state law, a 27
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licensee exercising a compact privilege shall not be required to complete 1
continuing education requirements required by a remote state. A licensee 2
exercising a compact privilege is only required t o meet any continuing education 3
requirements as required by the home state. 4
SECTION 5. 5
OBTAINING A NEW HOME STATE LICENSE BASED ON A COMPACT 6
PRIVILEGE 7
A. A licensee may hold a home state license, which allows for a compact privilege in 8
other member states, in only one (1) member state at a time. 9
B. If a licensee changes home state by moving between two (2) member states: 10
1. The licensee shall file an application for obtaining a new home state license 11
based on a compact privilege, pay all applicable fees, and notify the current 12
and new home state in accordance with the rules of the compact 13
commission; 14
2. Upon receipt of an application for obtaining a new home state license by 15
virtue of a compact privilege, the new home state shall verify that the 16
licensee meets the criteria in Section 4 of this compact via the data system, 17
and require that the licensee complete the following: 18
a. Federal Bureau of Investigation fingerprint based criminal history 19
record information check; 20
b. Any other criminal history record i nformation required by the new 21
home state; and 22
c. Any jurisprudence requirements of the new home state; 23
3. The former home state shall convert the former home state license into a 24
compact privilege once the new home state has activated the new home state 25
license in accordance with applicable rules adopted by the compact 26
commission; 27
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4. Notwithstanding any other provision of this compact, if the licensee cannot 1
meet the criteria in Section 4 of this compact, the new home state may apply 2
its requirements for issuing a new single state license; and 3
5. The licensee shall pay all applicable fees to the new home state in order to 4
be issued a new home state license. 5
C. If a licensee changes their state of residence by moving from a member state to a 6
nonmember state, or from a nonmember state to a member state, the state criteria 7
shall apply for issuance of a single state license in the new state. 8
D. Nothing in this compact shall interfere with a licensee’s ability to hold a single 9
state license in multiple states; however, for the purposes of this compact, a 10
licensee shall have only one (1) home state license. 11
E. Nothing in this compact shall affect the requirements established by a member 12
state for the issuance of a single state license. 13
SECTION 6. 14
ACTIVE MILITARY MEMBERS OR THEIR SPOUSES 15
An active military member, or their spouse, shall designate a home state where the 16
individual has a current license in good standing. The individual may retain the home 17
state designation during the period the service member is on active duty. 18
SECTION 7. 19
ADVERSE ACTIONS 20
A. In addition to the other powers conferred by state law, a remote state shall have 21
the authority, in accordance with existing state due process law, to: 22
1. Take adverse action against a licensee’s compact privilege within that 23
member state; and 24
2. Issue subpoenas for both hearings and investigations that require the 25
attendance and testimony of witnesses as well as the production of evidence. 26
Subpoenas issued by a licensing authority in a member state for the 27
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attendance and testimony of witnesses or the production of evidence from 1
another member state shall be enforced in the latter state by any court of 2
competent jurisdiction, according to the practice and pr ocedure applicable 3
to subpoenas issued in proceedings pending before that court. The issuing 4
authority shall pay any witness fees, travel expenses, mileage, and other fees 5
required by the service statutes of the state in which the witnesses or 6
evidence are located. 7
B. Only the home state shall have the power to take adverse action against a 8
licensee’s home state license. 9
C. For purposes of taking adverse action, the home state shall give the same priority 10
and effect to reported conduct received from a memb er state as it would if the 11
conduct had occurred within the home state. In so doing, the home state shall 12
apply its own state laws to determine appropriate action. 13
D. The home state shall complete any pending investigations of a licensee who 14
changes home states during the course of the investigations. The home state shall 15
also have authority to take appropriate action and shall promptly report the 16
conclusions of the investigations to the administrator of the data system. The 17
administrator of the data system shall promptly notify the new home state of any 18
adverse actions. 19
E. A member state, if otherwise permitted by state law, may recover from the affected 20
licensee the costs of investigations and dispositions of cases resulting from any 21
adverse action taken against that licensee. 22
F. A member state may take adverse action based on the factual findings of another 23
remote state, provided that the member state follows its own procedures for taking 24
the adverse action. 25
G. Joint Investigations: 26
1. In addition to the authority granted to a member state by its respective state 27
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law, any member state may participate with other member states in joint 1
investigations of licensees. 2
2. Member states shall share any investigative, litigation, or compliance 3
materials in further ance of any joint investigation initiated under the 4
compact. 5
H. If adverse action is taken by the home state against a licensee’s home state 6
resulting in an encumbrance on the home state license, the licensee’s compact 7
privilege in all other member states shall be revoked until all encumbrances have 8
been removed from the home state license. All home state disciplinary orders that 9
impose adverse action against a licensee shall include a statement that the 10
licensee’s compact privileges are revoked in all mem ber states during the 11
pendency of the order. 12
I. Once an encumbered license in the home state is restored to an unencumbered 13
license, as certified by the home state’s licensing authority, the licensee must meet 14
the requirements of Section 4A. of this compac t and follow the administrative 15
requirements to reapply to obtain a compact privilege in any remote state. 16
J. If a member state takes adverse action, it shall promptly notify the administrator 17
of the data system. The administrator of the data system shall promptly notify the 18
other member states state of any adverse actions. 19
K. Nothing in this compact shall override a member state’s decision that 20
participation in an alternative program may be used in lieu of adverse action. 21
SECTION 8. 22
ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT COMMISSION 23
A. The compact member states hereby create and establish a joint government 24
agency whose membership consists of all member states that have enacted the 25
compact known as the Dietitian Licensure Compact Commission. The compact 26
commission is an instrumentality of the compact states acting jointly and not an 27
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instrumentality of any one (1) state. The compact commission shall come into 1
existence on or after the effective date of the compact as set forth in Section 12 of 2
this compact. 3
B. Membership, Voting, and Meetings. 4
1. Each member state shall have and be limited to one (1) delegate selected by 5
that member state’s licensing authority. 6
2. The delegate shall be the primary administrator of the licensing authority or 7
their designee. 8
3. The compact commission shall by rule or bylaw establish a term of office 9
for delegates and may by rule or bylaw establish term limits. 10
4. The compact commission may recommend removal or suspension of any 11
delegate from office. 12
5. A member state ’s licensing authority shall fill any vacancy of its delegate 13
occurring on the compact commission within sixty (60) days of the vacancy. 14
6. Each delegate shall be entitled to one (1) vote on all matters before the 15
compact commission requiring a vote by the delegates. 16
7. Delegates shall meet and vote by such means as set forth in the bylaws. The 17
bylaws may provide for delegates to meet and vote in -person or by 18
telecommunication, video conference, or other means of communication. 19
8. The compact commission s hall meet at least once during each calendar 20
year. Additional meetings may be held as set forth in the bylaws. The 21
compact commission may meet in person or by telecommunication, video 22
conference, or other means of communication. 23
C. The compact commission shall have the following powers: 24
1. Establish the fiscal year of the compact commission; 25
2. Establish code of conduct and conflict of interest policies; 26
3. Establish and amend rules and bylaws; 27
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4. Maintain its financial records in accordance with the bylaws; 1
5. Meet and take such actions as are consistent with the provisions of this 2
compact, the compact commission’s rules, and the bylaws; 3
6. Initiate and conclude legal proceedings or actions in th e name of the 4
compact commission, provided that the standing of any licensing authority 5
to sue or be sued under applicable law shall not be affected; 6
7. Maintain and certify records and information provided to a member state as 7
the authenticated business r ecords of the compact commission, and 8
designate an agent to do so on the compact commission’s behalf; 9
8. Purchase and maintain insurance and bonds; 10
9. Borrow, accept, or contract for services of personnel, including but not 11
limited to employees of a member state; 12
10. Conduct an annual financial review; 13
11. Hire employees, elect or appoint officers, fix compensation, define duties, 14
grant such individuals appropriate authority to carry out the purposes of the 15
compact, and establish the compact commission’s personnel policies and 16
programs relating to conflicts of interest, qualifications of personnel, and 17
other related personnel matters; 18
12. Assess and collect fees; 19
13. Accept any and all appropriate donations, grants of money, other sources of 20
revenue, equ ipment, supplies, materials, services, and gifts, and receive, 21
utilize, and dispose of the same; provided that at all times the compact 22
commission shall avoid any actual or appearance of impropriety or conflict 23
of interest; 24
14. Lease, purchase, retain, ow n, hold, improve, or use any property, real, 25
personal, or mixed, or any undivided interest therein; 26
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 27
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dispose of any property, real, personal, or mixed; 1
16. Establish a budget and make expenditures; 2
17. Borrow money; 3
18. Appoint committees, including standing committees, composed of members, 4
state regulators, state legislators or their representatives, consumer 5
representatives, and such other interested persons as may be designated in 6
this compact or the bylaws; 7
19. Provide and receive information from, and cooperate with, law enforcement 8
agencies; 9
20. Establish and elect an executive committee, including a chair and a vice 10
chair; 11
21. Determine whether a state’s adopted language i s materially different from 12
the model compact language such that the state would not qualify for 13
participation in the compact; and 14
22. Perform such other functions as may be necessary or appropriate to achieve 15
the purposes of this compact. 16
D. The Executive Committee. 17
1. The executive committee shall have the power to act on behalf of the 18
compact commission according to the terms of this compact. The powers, 19
duties, and responsibilities of the executive committee shall include: 20
a. Oversee the day -to-day activities of the administration of the compact 21
including enforcement and compliance with the provisions of the 22
compact, its rules and bylaws, and other such duties as deemed 23
necessary; 24
b. Recommend to the compact commission changes to the rules or 25
bylaws, changes to this compact legislation, fees charged to compact 26
member states, fees charged to licensees, and other fees; 27
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c. Ensure compact administration services are appropriately provided, 1
including by contract; 2
d. Prepare and recommend the budget; 3
e. Maintain financial records on behalf of the compact commission; 4
f. Monitor compact compliance of member states and provide 5
compliance reports to the compact commission; 6
g. Establish additional committees as necessary; 7
h. Exercise the powers and duties of t he compact commission during the 8
interim between compact commission meetings, except for adopting or 9
amending rules, adopting or amending bylaws, and exercising any 10
other powers and duties expressly reserved to the compact commission 11
by rule or bylaw; and 12
i. Other duties as provided in the rules or bylaws of the compact 13
commission. 14
2. The executive committee shall be composed of nine (9) members: 15
a. The chair and vice chair of the compact commission shall be voting 16
members of the executive committee; 17
b. Five (5) voting members from the current membership of the compact 18
commission, elected by the compact commission; 19
c. One (1) ex officio, nonvoting member from a recognized professional 20
association representing dietitians; and 21
d. One (1) ex officio, nonvoti ng member from a recognized national 22
credentialing organization for dietitians. 23
3. The compact commission may remove any member of the executive 24
committee as provided in the compact commission’s bylaws. 25
4. The executive committee shall meet at least annually. 26
a. Executive committee meetings shall be open to the public, except that 27
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the executive committee may meet in a closed, nonpublic meeting as 1
provided in subsection F.2. of this section. 2
b. The executive committee shall give thirty (30) days’ notice of its 3
meetings, posted on the website of the compact commission and as 4
determined to provide notice to persons with an interest in the business 5
of the compact commission. 6
c. The executive committee may hold a special meeting in accordance 7
with subsection F.1.b. of this section. 8
E. The compact commission shall adopt and provide to the member states an annual 9
report. 10
F. Meetings of the Compact Commission. 11
1. All meetings shall be open to the public, except that the compact 12
commission may meet in a closed, nonpublic meeting as provided in 13
subsection F.2. of this section. 14
a. Public notice for all meetings of the full compact commission shall be 15
given in the same manner as required under the rulemaking 16
provisions in Section 10 of this compact, except that the compact 17
commission may hold a special meeting as provided in subsection 18
F.1.b. of this section. 19
b. The compact commission may hold a special meeting when it must 20
meet to conduct emergency business by giving twenty -four (24) hours’ 21
notice to all member states, on the compact commission’s website, and 22
other means as provided in the compact commission’s rules. The 23
compact commission’s legal counsel shall certify that the compact 24
commission’s need to meet qualifies as an emergency. 25
2. The compact commission or the executive committee or other committees of 26
the compact commission may convene in a closed, nonpublic meeting for 27
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the compact commission or executive committee or other committees of the 1
compact commission to receive legal advice or to discuss: 2
a. Noncompliance of a member state with its obligations under the 3
compact; 4
b. The employment, compensation, discipline, or other matters, practices, 5
or procedures related to specific employees; 6
c. Current or threatened discipline of a licensee by the compact 7
commission or by a member state’s licensing authority; 8
d. Current, threatened, or reasonably anticipated litigation; 9
e. Negotiation of contracts for the purchase, lease, or sale of goods, 10
services, or real estate; 11
f. Accusing any person of a crime or formally censuring any person; 12
g. Trade secrets or commercial or financial information that is privileged 13
or confidential; 14
h. Information of a personal nature where disclosure would constitute a 15
clearly unwarranted invasion of personal privacy; 16
i. Investigative records compiled for law enforcement purposes; 17
j. Information related to any investigative reports prepared by or on 18
behalf of or for use of the compact commission or other committee 19
charged with responsibility of investigation or determination of 20
compliance issues pursuant to the compact; 21
k. Matters specifically exempted from disclosure by federal or member 22
state law; or 23
l. Other matters as specified in the rules of the compact commission. 24
3. If a meeting, or portion of a meeting, is closed, the presiding officer shall 25
state that the meeting will be closed and reference each relevant exempting 26
provision, and such reference shall be recorded in the minutes. 27
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4. The compact commission shall keep minutes that fully and clearly describe 1
all matters discussed in a meeting and shall provide a full and accurate 2
summary of actions taken, and the reasons therefore, including a 3
description of the views expressed. All documents considered in connection 4
with an action shall be identified in such minutes. All minutes and 5
documents of a closed meeting shall remain under seal, subject to release 6
only by a majority vote of the compact com mission or order of a court of 7
competent jurisdiction. 8
G. Financing of the Compact Commission. 9
1. The compact commission shall pay, or provide for the payment of, the 10
reasonable expenses of its establishment, organization, and ongoing 11
activities. 12
2. The c ompact commission may accept any and all appropriate revenue 13
sources as provided in subsection C.13. of this section. 14
3. The compact commission may levy on and collect an annual assessment 15
from each member state and impose fees on licensees of member state s to 16
whom it grants a compact privilege to cover the cost of the operations and 17
activities of the compact commission and its staff, which must, in a total 18
amount, be sufficient to cover its annual budget as approved each year for 19
which revenue is not provi ded by other sources. The aggregate annual 20
assessment amount for member states shall be allocated based upon a 21
formula that the compact commission shall promulgate by rule. 22
4. The compact commission shall not incur obligations of any kind prior to 23
securing the funds adequate to meet the same; nor shall the compact 24
commission pledge the credit of any of the member states, except by and 25
with the authority of the member state. 26
5. The compact commission shall keep accurate accounts of all receipts and 27
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disbursements. The receipts and disbursements of the compact commission 1
shall be subject to the financial review and accounting procedures 2
established under its bylaws. However, all receipts and disbursements of 3
funds handled by the compact commission shall be su bject to an annual 4
financial review by a certified or licensed public accountant, and the report 5
of the financial review shall be included in and become part of the annual 6
report of the compact commission. 7
H. Qualified Immunity, Defense, and Indemnification. 8
1. The members, officers, executive director, employees, and representatives of 9
the compact commission shall be immune from suit and liability, both 10
personally and in their official capacity, for any claim for damage to or loss 11
of property or personal injury or other civil liability caused by or arising out 12
of any actual or alleged act, error, or omission that occurred, or that the 13
person against whom the claim is made had a reasonable basis for believing 14
occurred, within the scope of compact commissio n employment, duties, or 15
responsibilities; provided that nothing in this paragraph shall be construed 16
to protect any such person from suit or liability for any damage, loss, injury, 17
or liability caused by the intentional or willful or wanton misconduct of that 18
person. The procurement of insurance of any type by the compact 19
commission shall not in any way compromise or limit the immunity granted 20
hereunder. 21
2. The compact commission shall defend any member, officer, executive 22
director, employee, and represent ative of the compact commission in any 23
civil action seeking to impose liability arising out of any actual or alleged 24
act, error, or omission that occurred within the scope of compact 25
commission employment, duties, or responsibilities, or as determined by t he 26
compact commission that the person against whom the claim is made had a 27
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reasonable basis for believing occurred within the scope of compact 1
commission employment, duties, or responsibilities; provided that nothing 2
herein shall be construed to prohibit t hat person from retaining their own 3
counsel at their own expense; and provided further, that the actual or 4
alleged act, error, or omission did not result from that person’s intentional 5
or willful or wanton misconduct. 6
3. The compact commission shall indemn ify and hold harmless any member, 7
officer, executive director, employee, and representative of the compact 8
commission for the amount of any settlement or judgment obtained against 9
that person arising out of any actual or alleged act, error, or omission tha t 10
occurred within the scope of compact commission employment, duties, or 11
responsibilities, or that such person had a reasonable basis for believing 12
occurred within the scope of compact commission employment, duties, or 13
responsibilities, provided that the a ctual or alleged act, error, or omission 14
did not result from the intentional or willful or wanton misconduct of that 15
person. 16
4. Nothing herein shall be construed as a limitation on the liability of any 17
licensee for professional malpractice or misconduct, w hich shall be 18
governed solely by any other applicable state laws. 19
5. Nothing in this compact shall be interpreted to waive or otherwise abrogate 20
a member state’s state action immunity or state action affirmative defense 21
with respect to antitrust claims und er the Sherman Act, Clayton Act, or any 22
other state or federal antitrust or anticompetitive law or regulation. 23
6. Nothing in this compact shall be construed to be a waiver of sovereign 24
immunity by the member states or by the compact commission. 25
7. The lia bility of the executive director and employees of the compact 26
commission or representatives of the compact commission, acting within the 27
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scope of such person's employment or duties for acts, errors, or omissions, 1
may not exceed the limits of liability set forth under the constitution and 2
laws of this state for state officials, employees, and agents. The compact 3
commission is considered to be an instrumentality of the states for the 4
purposes of any such action. 5
SECTION 9. 6
DATA SYSTEM 7
A. The compact commissi on shall provide for the development, maintenance, 8
operation, and utilization of a coordinated data system. 9
B. The compact commission shall assign each applicant for a compact privilege a 10
unique identifier, as determined by the rules. 11
C. Notwithstanding any other provision of state law to the contrary, a member state 12
shall submit a uniform data set to the data system on all individuals to whom this 13
compact is applicable as required by the rules of the compact commission, 14
including: 15
1. Identifying information; 16
2. Licensure data; 17
3. Adverse actions against a license or compact privilege and information 18
related thereto; 19
4. Nonconfidential information related to alternative program participation, 20
the beginning and ending dates of such participation, and other information 21
related to such participation not made confidential under member state law; 22
5. Any denial of application for licensure, and the reasons for such denial; 23
6. The presence of current significant investigative information; and 24
7. Other information that may facilitate the administration of this compact or 25
the protection of the public, as determined by the rules of the compact 26
commission. 27
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D. The records and information provided to a member state pursuant to this compact 1
or through the data system, when certified by the compact commission or an 2
agent thereof, shall constitute the authenticated business records of the compact 3
commission, and shall be entitled to any associated hearsay exception in any 4
relevant judicial, quasi-judicial, or administrative proceedings in a member state. 5
E. Current significant investigative information pertaining to a licensee in any 6
member state will only be available to other member states. 7
F. It is the responsibility of the member states to report any adverse action against a 8
licensee and to monitor the data system to determine whether any adverse action 9
has been taken against a licensee. Adverse action information pertaining to a 10
licensee in any member state will be available to any other member state. 11
G. Member states contributing information to the data system may designate 12
information that may not be shared with the public without the express 13
permission of the contributing state. 14
H. Any information submitted to the data system that is subsequently e xpunged 15
pursuant to federal law or the laws of the member state contributing the 16
information shall be removed from the data system. 17
SECTION 10. 18
RULEMAKING 19
A. The compact commission shall promulgate reasonable rules in order to effectively 20
and efficiently implement and administer the purposes and provisions of the 21
compact. A rule shall be invalid and have no force or effect only if a court of 22
competent jurisdiction holds that the rule is invalid because the compact 23
commission exercised its rulemaking author ity in a manner that is beyond the 24
scope and purposes of the compact, or the powers granted hereunder, or based 25
upon another applicable standard of review. 26
B. The rules of the compact commission shall have the force of law in each member 27
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state, provided however that where the rules conflict with the laws or regulations 1
of a member state that relate to the procedures, actions, and processes a licensed 2
dietitian is permitted to undertake in that state and the circumstances under 3
which they may do so, as held by a court of competent jurisdiction, the rules of 4
the compact commission shall be ineffective in that state to the extent of the 5
conflict. 6
C. The compact commission shall exercise its rulemaking powers pursuant to the 7
criteria set forth in this section an d the rules adopted thereunder. Rules shall 8
become binding on the day following adoption or as of the date specified in the 9
rule or amendment, whichever is later. 10
D. If a majority of the legislatures of the member states rejects a rule or portion of a 11
rule, by enactment of a statute or resolution in the same manner used to adopt the 12
compact within four (4) years of the date of adoption of the rule, then such rule 13
shall have no further force and effect in any member state. 14
E. Rules shall be adopted at a regu lar or special meeting of the compact 15
commission. 16
F. Prior to adoption of a proposed rule, the compact commission shall hold a public 17
hearing and allow persons to provide oral and written comments, data, facts, 18
opinions, and arguments. 19
G. Prior to adoptio n of a proposed rule by the compact commission, and at least 20
thirty (30) days in advance of the meeting at which the compact commission will 21
hold a public hearing on the proposed rule, the compact commission shall 22
provide a notice of proposed rulemaking: 23
1. On the website of the compact commission or other publicly accessible 24
platform; 25
2. To persons who have requested notice of the compact commission’s notices 26
of proposed rulemaking; and 27
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3. In such other ways as the compact commission may by rule specify. 1
H. The notice of proposed rulemaking shall include: 2
1. The time, date, and location of the public hearing at which the compact 3
commission will hear public comments on the proposed rule and, if 4
different, the time, date, and location of the meeting wher e the compact 5
commission will consider and vote on the proposed rule; 6
2. If the hearing is held via telecommunication, video conference, or other 7
means of communication, the compact commission shall include the 8
mechanism for access to the hearing in the notice of proposed rulemaking; 9
3. The text of the proposed rule and the reason therefor; 10
4. A request for comments on the proposed rule from any interested person; 11
and 12
5. The manner in which interested persons may submit written comments. 13
I. All hearings will be recorded. A copy of the recording and all written comments 14
and documents received by the compact commission in response to the proposed 15
rule shall be available to the public. 16
J. Nothing in this section shall be construed as requiring a separate hearing on 17
each rule. Rules may be grouped for the convenience of the compact commission 18
at hearings required by this section. 19
K. The compact commission shall, by majority v ote of all members, take final action 20
on the proposed rule based on the rulemaking record and the full text of the rule. 21
1. The compact commission may adopt changes to the proposed rule provided 22
the changes do not enlarge the original purpose of the proposed rule. 23
2. The compact commission shall provide an explanation of the reasons for 24
substantive changes made to the proposed rule as well as reasons for 25
substantive changes not made that were recommended by commenters. 26
3. The compact commission shall determine a reasonable effective date for the 27
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rule. Except for an emergency as provided in subsection 10.L. of this 1
section, the effective date of the rule shall be no sooner than thirty (30) days 2
after issuing the notice that it adopted or amended the rule. 3
L. Upon determination that an emergency exists, the compact commission may 4
consider and adopt an emergency rule with twenty -four (24) hours’ notice, with 5
opportunity to comment, provided that the usual rulemaking procedures provided 6
in the compact and in this section shall be retroactively applied to the rule as soon 7
as reasonably possible, in no event later than ninety (90) days after the effective 8
date of the rule. For the purposes of this provision, an emergency rule is one that 9
must be adopted immediately in order to: 10
1. Meet an imminent threat to public health, safety, or welfare; 11
2. Prevent a loss of compact commission or member state funds; 12
3. Meet a deadline for the promulgation of a rule that is established by federal 13
law or rule; or 14
4. Protect public health and safety. 15
M. The compact commission or an authorized committee of the compact commission 16
may direct revision to a previously adopted rule for purposes of correcting 17
typographical errors, errors in format, errors in consistency, or grammati cal 18
errors. Public notice of any revision shall be posted on the website of the compact 19
commission. The revision shall be subject to challenge by any person for a period 20
of thirty (30) days after posting. The revision may be challenged only on grounds 21
that the revision results in a material change to a rule. A challenge shall be made 22
in writing and delivered to the compact commission prior to the end of the notice 23
period. If no challenge is made, the revision will take effect without further 24
action. If the revision is challenged, the revision may not take effect without the 25
approval of the compact commission. 26
N. No member state’s rulemaking requirements shall apply under this compact. 27
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SECTION 11. 1
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 2
A. Oversight. 3
1. The executive and judicial branches of state government in each member 4
state shall enforce this compact and take all actions necessary and 5
appropriate to implement this compact. 6
2. Except as otherwise provided in this compact, venue is proper and jud icial 7
proceedings by or against the compact commission shall be brought solely 8
and exclusively in a court of competent jurisdiction where the principal 9
office of the compact commission is located. The compact commission may 10
waive venue and jurisdictional defenses to the extent it adopts or consents to 11
participate in alternative dispute resolution proceedings. Nothing herein 12
shall affect or limit the selection or propriety of venue in any action against 13
a licensee for professional malpractice, misconduct, or any such similar 14
matter. 15
3. The compact commission shall be entitled to receive service of process in 16
any proceeding regarding the enforcement or interpretation of the compact 17
and shall have standing to intervene in such a proceeding for all purposes. 18
Failure to provide the compact commission service of process shall render a 19
judgment or order void as to the compact commission, this compact, or 20
promulgated rules. 21
B. Default, Technical Assistance, and Termination. 22
1. If the compact commission determines that a member state has defaulted in 23
the performance of its obligations or responsibilities under this compact or 24
the promulgated rules, the compact commission shall provide written notice 25
to the defaulting state. The notice of default shall describe the d efault, the 26
proposed means of curing the default, and any other action that the 27
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compact commission may take and shall offer training and specific 1
technical assistance regarding the default. 2
2. The compact commission shall provide a copy of the notice of d efault to the 3
other member states. 4
C. If a state in default fails to cure the default, the defaulting state may be 5
terminated from the compact upon an affirmative vote of a majority of the 6
delegates of the member states, and all rights, privileges, and be nefits conferred 7
on that state by this compact may be terminated on the effective date of 8
termination. A cure of the default does not relieve the offending state of 9
obligations or liabilities incurred during the period of default. 10
D. Termination of member ship in the compact shall be imposed only after all other 11
means of securing compliance have been exhausted. Notice of intent to suspend 12
or terminate shall be given by the compact commission to the Governor, the 13
majority and minority leaders of the defaulti ng state’s legislature, the defaulting 14
state’s licensing authority, and each of the member states’ licensing authority. 15
E. A state that has been terminated is responsible for all assessments, obligations, 16
and liabilities incurred through the effective dat e of termination, including 17
obligations that extend beyond the effective date of termination. 18
F. Upon the termination of a state’s membership from this compact, that state shall 19
immediately provide notice to all licensees within that state of such termination. 20
The terminated state shall continue to recognize all compact privileges granted 21
pursuant to this compact for a minimum of six (6) months after the date of said 22
notice of termination. 23
G. The compact commission shall not bear any costs related to a state that is found 24
to be in default or that has been terminated from the compact, unless agreed 25
upon in writing between the compact commission and the defaulting state. 26
H. The defaulting state may appeal the action of the compact commission by 27
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petitioning the United States District Court for the District of Columbia or the 1
federal district where the comp act commission has its principal offices. The 2
prevailing party shall be awarded all costs of such litigation, including 3
reasonable attorney’s fees. 4
I. Dispute Resolution. 5
1. Upon request by a member state, the compact commission shall attempt to 6
resolve disputes related to the compact that arise among member states and 7
between member and nonmember states. 8
2. The compact commission shall promulgate a rule providing for both 9
mediation and binding dispute resolution for disputes as appropriate. 10
J. Enforcement. 11
1. By supermajority vote, the compact commission may initiate legal action 12
against a member state in default in the United States District Court for the 13
District of Columbia or the federal district where the compact commission 14
has its principal office s to enforce compliance with the provisions of the 15
compact and its promulgated rules. The relief sought may include both 16
injunctive relief and damages. In the event judicial enforcement is 17
necessary, the prevailing party shall be awarded all costs of such litigation, 18
including reasonable attorney’s fees. The remedies herein shall not be the 19
exclusive remedies of the compact commission. The compact commission 20
may pursue any other remedies available under federal or the defaulting 21
member state’s law. 22
2. A member state may initiate legal action against the compact commission in 23
the United States District Court for the District of Columbia or the federal 24
district where the compact commission has its principal offices to enforce 25
compliance with the provisions of the compact and its promulgated rules. 26
The relief sought may include both injunctive relief and damages. In the 27
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event judicial enforcement is necessary, the prevailing party shall be 1
awarded all costs of such litigation, including reasonable attorney’s fees. 2
3. No party other than a member state shall enforce this compact against the 3
compact commission. 4
SECTION 12. 5
EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 6
A. The compact shall come into effect on the date on which the compact statute is 7
enacted into law in the seventh member state. 8
1. On or after the effective date of the compact, the compact commission shall 9
convene and review the enactment of each of the first seven (7) member 10
states ("charter member states") to determine if the statute enacted by each 11
such charter member state is materially different than the model compact 12
statute. 13
a. A charter member state whose enactment is found to be materially 14
different from the model compact statute shall be entitled to the 15
default process set forth in Section 11 of this compact. 16
b. If any member state is later found to be in default, or is terminated, or 17
withdraws from the compact, the compact commission shall remain in 18
existence and the compact shall remain in effect even if the number of 19
member states should be less than seven (7). 20
2. Member states enacting the compact subsequent to the seven (7) initial 21
charter member states shall be subject to the process set forth in Section 22
8.C.21. of this compact to determine if their enactments are materially 23
different f rom the model compact statute and whether they qualify for 24
participation in the compact. 25
3. All actions taken for the benefit of the compact commission or in 26
furtherance of the purposes of the administration of the compact prior to 27
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the effective date of t he compact or the compact commission coming into 1
existence shall be considered to be actions of the compact commission 2
unless specifically repudiated by the compact commission. 3
4. Any state that joins the compact subsequent to the compact commission’s 4
initial adoption of the rules and bylaws shall be subject to the rules and 5
bylaws as they exist on the date on which the compact becomes law in that 6
state. Any rule that has been previously adopted by the compact commission 7
shall have the full force and effec t of law on the day the compact becomes 8
law in that state. 9
B. Any member state may withdraw from this compact by enacting a statute 10
repealing the same. 11
1. A member state’s withdrawal shall not take effect until one hundred eighty 12
(180) days after enactment of the repealing statute. 13
2. Withdrawal shall not affect the continuing requirement of the withdrawing 14
state’s licensing authority to comply with the investigative and adverse 15
action reporting requirements of this compact prior to the effective date of 16
withdrawal. 17
3. Upon the enactment of a statute withdrawing from this compact, a state 18
shall immediately provide notice of such withdrawal to all licensees within 19
that state. Notwithstanding any subsequent statutory enactment to the 20
contrary, such withdra wing state shall continue to recognize all compact 21
privileges granted pursuant to this compact for a minimum of one hundred 22
eighty (180) days after the date of such notice of withdrawal. 23
C. Nothing contained in this compact shall be construed to invalidat e or prevent any 24
licensure agreement or other cooperative arrangement between a member state 25
and a nonmember state that does not conflict with the provisions of this compact. 26
D. This compact may be amended by the member states. No amendment to this 27
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compact shall become effective and binding upon any member state until it is 1
enacted into the laws of all member states. 2
SECTION 13. 3
CONSTRUCTION AND SEVERABILITY 4
A. This compact and the compact commission’s rulemaking authority shall be 5
liberally construed so as to effectuate the purposes and the implementation and 6
administration of the compact. Provisions of the compact expressly authorizing or 7
requiring the promulga tion of rules shall not be construed to limit the compact 8
commission’s rulemaking authority solely for those purposes. 9
B. The provisions of this compact shall be severable and if any phrase, clause, 10
sentence, or provision of this compact is held by a cour t of competent jurisdiction 11
to be contrary to the constitution of any member state, a state seeking 12
participation in the compact, or of the United States, or the applicability thereof 13
to any government, agency, person, or circumstance is held to be unconstitutional 14
by a court of competent jurisdiction, the validity of the remainder of this compact 15
and the applicability thereof to any other government, agency, person, or 16
circumstance shall not be affected thereby. 17
C. Notwithstanding subsection B. of this se ction, the compact commission may deny 18
a state’s participation in the compact or, in accordance with the requirements of 19
Section 11.B. of this compact, terminate a member state’s participation in the 20
compact, if it determines that a constitutional requirem ent of a member state is a 21
material departure from the compact. Otherwise, if this compact shall be held to 22
be contrary to the constitution of any member state, the compact shall remain in 23
full force and effect as to the remaining member states and in full force and 24
effect as to the member state affected as to all severable matters. 25
SECTION 14. 26
CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 27
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A. Nothing herein shall prevent or inhibit the enforcement of any other law of a 1
member state that is not inconsistent with the compact. 2
B. Any laws, statutes, regulations, or other legal requirements in a member state in 3
conflict with the compact are superseded to the extent of the conflict. 4
C. All permissible agreements between the compact commission and the m ember 5
states are binding in accordance with their terms. 6
SECTION 15. 7
APPLICABILITY TO KENTUCKY STATE GOVERNMENT 8
In order to clarify the effect of certain provisions of this compact and to ensure that the 9
rights and responsibilities of the various branches of government are maintained, the 10
following shall be in effect in this state: 11
A. By entering into this compact, this state authorizes the state licensing authority as 12
defined in Section 2.T. of this compact and as created by KRS 310.040 to 13
implement the provisions of this compact; 14
B. Notwithstanding any provision of this compact to the contrary: 15
1. When a rule is adopted pursuant to Section 10 of this compact, the state 16
licensing authority as defined in Section 2.T. of this compact shall have 17
sixty (60) day s to review the rule for the purpose of filing the rule as an 18
emergency administrative regulation pursuant to KRS 13A.190 and for 19
filing the rule as an accompanying ordinary administrative regulation, 20
following the requirements of KRS Chapter 13A. Failure by the state 21
licensing authority as defined in Section 2.T. of this compact to promulgate 22
a rule adopted by the Dietitian Licensure Compact Commission as an 23
administrative regulation pursuant to KRS Chapter 13A shall result in the 24
initiation of the process for withdrawal as set forth in Section 12 of this 25
compact. Nothing in these provisions shall negate the applicability and 26
effect of a commission rule or Section 11 of this compact to this state; 27
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2. If the proposed administrative regulation is found defici ent and the 1
deficiency is not resolved pursuant to KRS 13A.330 or 13A.335, the 2
provisions of Section 11 of this compact shall apply. If the deficiency is 3
resolved in a manner determined by the Dietitian Licensure Compact 4
Commission to be inconsistent with this compact or its rules, or if the 5
procedures under Section 11 of this compact fail to resolve an issue, the 6
withdrawal provisions of Section 12 of this compact shall apply; and 7
3. If a court of competent jurisdiction determines that the Dietitian Licens ure 8
Compact Commission created by Section 8 of this compact exercises its 9
rulemaking authority in a manner that is beyond the scope of the purposes 10
of this compact, or the powers granted under this compact, then such an 11
action by the commission shall be invalid and have no force or effect; 12
C. Section 8.G. of this compact pertaining to the financing of the Dietitian 13
Licensure Compact Commission shall not be interpreted to obligate the general 14
fund of this state. Any funds used to finance this compact shall b e from money 15
collected pursuant to KRS 310.041; and 16
D. This compact shall apply only to those dietitians who practice or work under a 17
compact privilege. 18
SECTION 3. A NEW SECTION OF KRS CHAPTER 310 IS CREATED TO 19
READ AS FOLLOWS: 20
(1) The board shall require a national and state criminal background investigation 21
for every: 22
(a) Applicant seeking an initial license issued by the board permitting the 23
applicant to engage in the practice of dietetics; 24
(b) Applicant seeking to reinstate a license to engage in the practice of dietetics; 25
and 26
(c) Person licensed to engage in the practice of dietetics authorized by the 27
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board who applies for authorization to engage in the practice of dietetics 1
outside this Commonwealth in accordance wit h the dietitian licensure 2
compact. 3
(2) The criminal background investigation under subsection (1) of this section shall 4
be by means of a fingerprint check by the Department of Kentucky State Police 5
and Federal Bureau of Investigation pursuant to the following requirements: 6
(a) The board shall require each applicant described in subsection (1) of this 7
section to provide a complete and legible set of fingerprints to the 8
Department of Kentucky State Police for submission to the Federal Bureau 9
of Investigation for a national criminal background check after a state 10
criminal background check is conducted; 11
(b) The results of the national and state criminal background check shall be 12
sent to the board for the screening of applicants; 13
(c) The results of a national and state criminal background check shall not be 14
distributed or otherwise released by the board, except that the board: 15
1. Shall provide any applicant or credential holder the results of his or 16
her national and state criminal background check upon request; and 17
2. May introduce the results under seal as evidence in a legal proceeding 18
that involves a challenge to any disciplinary action taken by the board 19
based in whole or in part on information contained in the results; and 20
(d) Any fee charged by the Department of Kentucky State Police or for the 21
Federal Bureau of Investigation background check shall be an a mount no 22
greater than the actual cost of processing the request and conducting the 23
background check. 24
(3) The board shall review the criminal background check results for every person 25
described in subsection (1)(c) of this section and determine whether the person is 26
eligible to apply for the compact privilege to practice outside this Commonwealth. 27
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(4) The board may require a criminal background check for any person licensed to 1
engage in the practice of dietetics authorized by the board who is the subject of an 2
active investigation for a violation under this chapter or administrative 3
regulations promulgated thereunder. 4
(5) Unless otherwise required by law, the board shall not require a criminal 5
background check solely for the purpose of renewing a license. 6
(6) The board shall promulgate administrative regulations in accordance with KRS 7
Chapter 13A to implement this section. 8
SECTION 4. A NEW SECTION OF KRS CHAPTER 311 IS CREATED TO 9
READ AS FOLLOWS: 10
ATHLETIC TRAINER COMPACT 11
SECTION 1. TITLE AND PURPOSE 12
This statute shall be known and cited as the Athletic Trainer Compact. The purposes of 13
this compact are to expand mobility of athletic training practice and improve public 14
access to services by providing qualified licensed athleti c trainers the ability to practice 15
in other member states. This compact preserves the regulatory authority of states to 16
protect public health and safety through the current system of state licensure. 17
This compact is designed to achieve the following objectives: 18
A. Increase public access to athletic training and enhance continuity of care by 19
providing for the mutual recognition of other licenses issued by member states; 20
B. Provide an additional streamlined opportunity for interstate practice by licensed 21
athletic trainers who meet compact uniform requirements; 22
C. Promote mobility and workforce development by eliminating the necessity for 23
licenses in multiple states by providing for the mutual recognition of other 24
licenses issued by member states; 25
D. Reduce administrative burdens on licensed athletic trainers and member states; 26
E. Enhance the states’ ability to protect the public’s health and safety; 27
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F. Encourage the cooperation of member states in regulating interstate practice of 1
licensed athletic trainers; 2
G. Support relocating active military members and their spouses; 3
H. Enhance the exchange of licensure, investigative, and disciplinary information 4
among member states; 5
I. Allow for the use of telehealth to facilitate increased access to athletic trai ning 6
services; 7
J. Support the uniformity of licensed athletic trainer licensure requirements 8
throughout the states; 9
K. Affirm the authority of all member states to hold a licensed athletic trainer 10
accountable for abiding by the scope of practice in the st ate in which the patient 11
is located at the time of care; and 12
L. Require adherence to the model compact language in order to promote 13
uniformity and ensure that all member states have accepted and are mutually 14
obligated to the same terms. 15
SECTION 2. DEFINITIONS 16
As used in this compact, unless the context requires otherwi se, the following 17
definitions shall apply: 18
A. "Active military member" means any individual with full -time duty status in the 19
active armed forces of the United States, including members of the National 20
Guard and Reserve; 21
B. "Adverse action" means any admin istrative, civil, equitable or criminal action 22
permitted by a state’s laws which is imposed by a licensing authority or other 23
authority against a licensee, including actions against an individual’s license or 24
compact privilege such as revocation, suspensio n, probation, monitoring of the 25
licensee, limitation on the licensee’s practice, or any other encumbrance on 26
licensure affecting a licensee’s authorization to practice; 27
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C. "Alternative program" means a non -disciplinary monitoring or practice 1
remediation process applicable to an athletic trainer approved by a state licensing 2
authority of a member state in which the athletic trainer is licensed. This 3
includes, but is not limited to, programs to which licensees with substance use, 4
addiction, or mental health conditions are referred in lieu of adverse action; 5
D. "Athletic training" means the prevention, examination, assessment, treatment 6
and rehabilitation of emergent, acute, or chronic injuries and medical conditions 7
as defined by applicable member state laws and regulations; 8
E. "Athletic Trainer Compact Commission" or "Compact Commission" means the 9
government agency whose membership consists of all states that have enacted 10
this compact, as described herein and which shall operate as an instrumentality 11
of the me mber states to administer and implement the compact according to its 12
terms; 13
F. "BOC" means the Board of Certification, Inc., or any successor organization 14
thereto; 15
G. "CAATE" means the Commission on Accreditation of Athletic Training 16
Education or any successor organization thereto; 17
H. "Charter member state" means any member state which enacted and made 18
effective this compact by law before the compact effective date specified herein; 19
I. "Commissioner" means the individual appointed by a member state to serve as 20
the member of the commission for that member state; 21
J. "Compact privilege" means the legal authorization granted by a remote state, 22
equivalent to a license, allowing a licensee from another member state to provide 23
athletic training services in a remote state; 24
K. "Compact qualifying license" means a license that is not an encumbered license 25
issued by a member state to practice athletic training which qualifies the licensee 26
to exercise a compact privilege pursuant to Section 4 of this compact; 27
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L. "Continuing competence" means a requirement, as a condition of license 1
renewal, to provide evidence of successful participation, and completion of, 2
educational and professional activities relevant to practice or area of work. For 3
purposes of this compact, evidence of active BOC certification may satisfy the 4
meaning of continuing competence as set forth herein; 5
M. "Current significant investigative information" means the existence of: 6
1. Investigative information that a licensing authority, after a preliminary 7
inquiry that includes notification and an opportunity for the subject licensee 8
to respond, if required by state law, has reason to believe is not groundless 9
and, if proven true, would indicate more than a minor infraction; or 10
2. Investigative information that indicates that the subject licensee represents 11
an immediate threat to public health and safety regardless of whether the 12
subject licensee has been notified and had an opportunity to respond; 13
N. "Criminal background check" means the submission of fingerprin ts or other 14
biometric-based information for a license applicant for the purpose of obtaining 15
that applicant’s criminal history record information, as defined in 28 C.F.R. sec. 16
20.3(d) from the Federal Bureau of Investigation and the state’s criminal histor y 17
record repository as defined in 28 C.F.R. sec. 20.3(f); 18
O. "Data system" means the commission’s repository of information about 19
licensees, including but not limited to examination, licensure, investigative, 20
compact privilege, adverse action, and alternative program; 21
P. "Encumbrance" or "encumbered" means a revocation or suspension of, or any 22
limitation or condition on, the full and unrestricted practice of athletic training; 23
Q. "Executive committee" means a group of commissioners elected or appointed to 24
act on behalf of, and within the powers granted to them by, the compact and 25
commission; 26
R. "Investigative information" means information, records, and documents received 27
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or generated by a licensing authority pursuant to an investigation; 1
S. "Jurisprudence r equirement" means the assessment of an individual’s 2
knowledge of the laws and rules governing the practice of athletic training, as 3
applicable, in a state; 4
T. "License" means current authorization by a member state to engage in the 5
practice of athletic training; 6
U. "Licensee" or "licensed athletic trainer" means an individual who currently 7
holds an active, unrestricted license and who meets all of the requirements 8
outlined in Section 4 of this compact; 9
V. "Licensing authority" means the board or agency of a state, or equivalent, that is 10
responsible for the licensing and regulation of athletic trainers; 11
W. "Model compact language" the model language for the Athletic Trainer Compact 12
on file with the Council of State Governments or other entity as designated by the 13
commission to which all member states must substantively adhere and adopt; 14
X. "Member state" means a state that has enacted the compact; 15
Y. "Remote state" means a member state other than the state of qualifying 16
licensure; 17
Z. "Rule" means a regulation promulgated by an authorized entity that has the 18
force of law; 19
AA. "Scope of practice" means the proc edures, actions, and processes an athletic 20
trainer licensed in a state is permitted to undertake in that state and the 21
circumstances under which the licensee is permitted to undertake those 22
procedures, actions and processes. Such procedures, actions and pr ocesses and 23
the circumstances under which they may be undertaken may be established 24
through means, including, but not limited to, statute, regulations, case law, and 25
other processes available to the state licensing authority or other government 26
agency. Sco pe of practice shall include any state requirements regarding 27
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supervision or direction, if required by such state and as further defined by such 1
state’s statutes and regulations; 2
BB. "Single state license" means a license issued by any state that authorize s practice 3
only within the issuing state; 4
CC. "State" means any state, commonwealth, district, or territory of the United States 5
of America; 6
DD. "State of qualifying licensure" means the member state who has issued a 7
compact qualifying license to a licensee pursuant to this compact; and 8
EE. "Unencumbered license" means a license that authorizes a licensee to engage in 9
the full and unrestricted practice of athletic training. 10
SECTION 3. STATE PARTICIPATION IN THE COMPACT 11
A. To be eligible to join this compac t and to maintain eligibility as a member state, a 12
state must: 13
1. Enact and maintain a statute that is not materially different from the model 14
compact language; 15
2. License and regulate the practice of athletic training; 16
3. Require that licensees in that st ate maintain continuing competence 17
standards as part of their state practice act or rules; 18
4. Have a mechanism in place for receiving and investigating complaints 19
about licensees; 20
5. Grant the compact privilege to a licensee who meets all the requirements 21
outlined in Section 4 of this compact in accordance with the terms of the 22
compact and any rules promulgated thereunder; 23
6. Participate fully in the compact commission’s data system, including using 24
the unique identifier as defined in rules; 25
7. Notify the compact commission, in compliance with the terms of the 26
compact and rules, of any adverse action or the availability of current 27
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significant investigative information regarding a licensee; 1
8. Within a time frame established by rule, implement or utilize pr ocedures for 2
considering the criminal history records of applicants for a compact 3
qualifying license which includes receiving the results of the Federal 4
Bureau of Investigation record search and shall use those results in making 5
licensure decisions. These procedures shall include the submission of 6
fingerprints or other biometric -based information by applicants for the 7
purpose of obtaining an applicant’s criminal history record information 8
from the Federal Bureau of Investigation and the agency responsible f or 9
retaining that state’s criminal records; and 10
a. A member state must fully implement a criminal background check 11
requirement in order to participate in the issuance and acceptance of 12
compact privileges; and 13
b. Communication between a member state and the compact commission 14
or among member states regarding the verification of eligibility for 15
licensure through the compact shall not include any information 16
received from the Federal Bureau of Investigation relating to a federal 17
criminal records check performed by a member state; and 18
9. Comply with and enforce the rules of the compact commission. 19
B. Member states may set and collect a fee for issuance and renewal of a compact 20
privilege to applicants. 21
C. Individuals without a compact qualifying license shall co ntinue to be able to 22
apply for a member state’s single-state license as provided under the laws of each 23
member state. 24
D. Nothing in this compact shall affect the requirements established by a member 25
state for the issuance of a single state license. 26
E. A compact qualifying license shall be recognized by each remote state as 27
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authorizing that licensee to engage in the practice of athletic training, under a 1
compact privilege, in another member state in accordance with the requirements 2
in Section 4 of this compact. 3
SECTION 4. COMPACT PRIVILEGE 4
A. To be eligible for a compact privilege under the terms and provisions of the 5
compact, the licensee shall c omplete a criminal background check performed by 6
the licensing authority in the state of qualifying licensure prior to entry in the 7
compact and shall: 8
1. Satisfy one (1) of the following two (2) pathways: 9
a. Hold a valid current active certification throu gh the BOC, or its 10
successor organization; or 11
b. If a licensee does not meet the requirements of Section 4.A.1.a. of this 12
compact, the following must be completed: 13
i. An education program which is either: 14
1. At least a bachelor’s degree with a major cours e of study in 15
athletic training, or an equivalent course of study from a 16
college or university accredited at the time of graduation by 17
CAATE, or its successor organization; 18
2. An academic degree from a college or university in a 19
foreign country equivalent to the degree described in 20
subparagraph 1 of this subsection with a major course of 21
study as described in subparagraph 1 of this subsection that 22
is accredited by CAATE, or its successor organization; or 23
3. The substantial equivalent of the foregoing whic h the 24
commission may determine by rule. 25
ii. Successful completion of the exam administered by the BOC, or 26
its successor organization, preceding the date of the licensee’s 27
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application for licensure in their state of qualifying licensure or 1
the substantial equivalent of the foregoing requirement which 2
the commission may determine by rule. 3
2. Hold a compact qualifying license; 4
3. Have not had any encumbrance against any license or compact privilege to 5
practice athletic training within the previous two (2) years; 6
4. Be eligible for a compact privilege in any member state in accordance with 7
Section 4 of this compact; 8
5. Notify the compact commission that the licensee is seeking the compact 9
privilege within a remote state(s); 10
6. Pay any applicable fees, including any state fee, for the compact privilege; 11
7. Meet only the continuing competence requirements established by the state 12
of qualifying licensure; 13
8. Comply with any requirements of the state of qualifying licensure as set 14
forth in Section 3 of this compact; 15
9. Meet any jurisprudence requirements established by the remote state(s) in 16
which the licensee is seeking a compact privilege; and 17
10. Report to the compact commission any adverse action, encumbrance, or 18
restriction on a license taken by any non -member state within thirty (30) 19
days from the date the action is taken. 20
B. The compact privilege is valid until the expiration date of the compact qualifying 21
license. To maintain a compact privilege, renewal of the compact privilege shall 22
be congruent with t he renewal of the compact qualifying license as the compact 23
commission may define by rule. The licensee must comply with the requirements 24
of this section to maintain the compact privilege in the remote state. A licensee 25
may apply for and hold compact privileges in multiple member states. 26
C. A licensed athletic trainer must follow the scope of practice of the member state 27
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where the patient is located. A licensee engaging in the practice of athletic 1
training in a remote state under the compact privilege shall adhere to the scope of 2
practice laws and regulations of the remote state. Licensees shall be responsible 3
for educating themselves on, and complying with, any and all scope of practice 4
laws and regulations state laws relating to the remote practice of athletic training, 5
as applicable. 6
D. A licensee engaging in the practice of athletic training in a remote state is subject 7
to that state’s regulatory authority. A remote state may, in accordance with due 8
process and that state’s laws, remove a licensee’s comp act privilege in the remote 9
state for a specific period of time, impose fines, or take any other necessary 10
actions to protect the health and safety of its citizens. Any member state which 11
undertakes such an action shall promptly notify the member state and the 12
commission as specified in the rules. The licensee may be deemed to be ineligible 13
to exercise the compact privilege by any member state until the specific time for 14
removal has passed and all fines are paid. 15
E. All member state disciplinary orders tha t impose adverse action against a 16
compact qualifying license shall result in deactivation of the licensee’s compact 17
privilege in all member states during the pendency of the order. If a compact 18
qualifying license is encumbered, the licensee shall lose the compact privilege in 19
any remote state until the following occur: 20
1. The compact qualifying license is no longer encumbered; and 21
2. The licensee has not had any encumbrance or restriction against any 22
license, compact qualifying license or compact privileg e within the previous 23
two (2) years. 24
F. Once an encumbered license is restored to good standing as a compact qualifying 25
license (as certified by the licensing authority), the licensee must meet the 26
requirements of this section to obtain a compact privilege in any remote state. 27
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G. If a licensee’s compact privilege in any remote state is removed, that licensee may 1
also lose the compact privilege in other remote states, as each member state shall 2
determine in its sole authority, until the following occur: 3
1. The specific period of time for which the compact privilege was removed has 4
ended; 5
2. All fines have been paid; and 6
3. Have not had any encumbrance or restriction against any license or 7
compact privilege within the previous two (2) years. 8
H. Once the requirements of Section 4.G of this compa ct have been met, the licensee 9
must meet the requirements in Section 4.A of this compact to obtain a compact 10
privilege in a remote state. 11
SECTION 5. COMPACT QUALIFYING LICENSE 12
A. A licensee may only designate one (1) license as their compact qualifying l icense 13
at a time. The procedures for such designation may be further defined by compact 14
commission rule. 15
B. Nothing in this section shall require that the state of qualifying licensure be the 16
state of primary residence or state of primary practice for the licensee. 17
C. Nothing in this compact shall interfere with a licensee’s ability to hold a single 18
state license in multiple states. 19
D. Nothing in this compact shall affect the requirements established by a member 20
state for the issuance of a single state license. 21
SECTION 6. ACTIVE MILITARY MEMBER OR THEIR SPOUSES 22
An active military member or their spouse shall not be required to pay a fee to the 23
commission for a compact privilege. If a member state chooses to charge a member 24
state fee, it may choose to charg e a reduced fee or no fee to an active military member 25
or their spouse for a compact privilege. 26
SECTION 7. ADVERSE ACTIONS 27
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A. A member state in which a licensee is issued a compact qualifying license shall 1
have the exclusive authority to impose adverse ac tion against the compact 2
qualifying license issued by that member state. 3
B. A member state may take adverse action based on current significant investigative 4
information of a remote state, so long as the member state follows its own 5
procedures for imposing adverse action. 6
C. Nothing in this compact shall override a member state’s decision that 7
participation in an alternative program may be used in lieu of adverse action and 8
that such participation shall remain non -public if required by the member state’s 9
laws or rules. 10
D. A remote state shall have the authority to: 11
1. Take adverse actions as set forth herein against a licensee’s compact 12
privilege in that state; and 13
2. Issue subpoenas for both hearings and investigations that require the 14
attendance and testimony of witnesses as well as the production of evidence. 15
a. Subpoenas may be issued by a member state athletic training licensing 16
authority for the attendance and testimony of witnesses and the 17
production of evidence. 18
b. A member state which issues a subpoena may request service of that 19
subpoena by another member state. The member state receiving the 20
request to serve a subpoena shall serve the subpoena if it is deemed 21
enforceable by a court of competent jurisdiction according to the 22
practice and procedure in the receiving member state. 23
c. The issuing authority shall pay any witness fees, travel expenses, 24
mileage, and other fees required by the service statutes of the state 25
where the witnesses or evidence are located. 26
E. For purposes of taking adverse action, a member state shall give the same priority 27
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and effect to reported conduct received from another member state as it would if 1
the conduct had occurred within that state. In so doing, the investigating member 2
state shall apply its own state laws to determine appropriate action. 3
F. A member state, if otherwise permitted by state law, may recover from the affected 4
licensee the costs of investigations and dispositions of cases resulting from any 5
adverse action taken against that licensee. 6
G. Joint Investigations: 7
1. In addition to the authority granted to a member state by its respective state 8
law, any member state may participate with other member states in joint 9
investigations of licensees. 10
2. Member states shall share any current significant investigative informat ion, 11
litigation, or compliance materials in furtherance of any joint or individual 12
investigation initiated under the compact. In sharing such information 13
between member state athletic trainer licensing authorities, all information 14
obtained shall be kept co nfidential, except as otherwise mutually agreed 15
upon by the sharing and receiving member state(s). 16
3. A remote state may issue subpoenas on behalf of a member state for both 17
hearings and investigations that require the attendance and testimony of 18
witnesses as well as the production of evidence. 19
H. If a member state takes adverse action, it shall promptly notify the administrator 20
of the data system. The administrator of the data system shall promptly notify all 21
member states of any adverse actions by remote states. 22
I. Nothing in this compact may permit a member state to take any adverse action 23
against a licensee or holder of a compact privilege for conduct or practice 24
occurring in another member state that was legal in the member state at the time 25
it was undertaken. 26
SECTION 8. ESTABLISHMENT AND OPERATION OF THE COMMISSION 27
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A. The compact member states hereby create and establish a joint government 1
agency whose membership consists of all member states that have enacted the 2
compact known as the athletic traine r licensure compact commission. The 3
compact commission is an instrumentality of the member states acting jointly and 4
not an instrumentality of any one (1) state. The compact commission shall come 5
into existence on or after the effective date of the compact as set forth in Section 6
12 of this compact. 7
B. Membership, Voting, and Meetings 8
1. Each member state shall have and be limited to one (1) commissioner 9
selected by that member state’s licensing authority within sixty (60) days of 10
the member state’s effective date. 11
2. The commissioner shall be an administrator or their designated staff or 12
current board member of the licensing authority. 13
3. The compact commission may recommend removal or suspension of any 14
commissioner from office. 15
4. A member state’s licensi ng authority shall fill any vacancy of its 16
commissioner occurring on the compact commission within sixty (60) days 17
of the vacancy. 18
5. Each commissioner shall be entitled to one (1) vote on all matters before the 19
compact commission requiring a vote by the commissioners. 20
6. The compact commission shall meet at least once during each calendar 21
year. Additional meetings may be held as set forth in the commission 22
bylaws. A commissioner shall vote in person or by such other means as 23
provided in the bylaws. The byl aws may provide for commissioners to meet 24
by telecommunication, videoconference, or other means of communication. 25
C. The compact commission shall have the following powers: 26
1. Promulgate, adopt, and amend rules and bylaws; 27
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2. Establish code of conduct, con fidentiality, and conflict of interest policies 1
for commissioners; 2
3. Establish the fiscal year of the compact commission; 3
4. Maintain its financial records in accordance with the bylaws; 4
5. Purchase and maintain insurance and insurance bonds; 5
6. Accept, or contract for services of personnel, including, but not limited to, 6
employees of a member state; 7
7. Conduct a financial review or audit; 8
8. 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 compact commission’s personnel policies and 11
programs relating to conflicts of interest, qualifications of personnel, and 12
other related personnel matters; 13
9. Enter into contracts or arrangem ents for the management of the affairs of 14
the commission; 15
10. Assess and collect fees; 16
11. Accept any and all appropriate gifts, donations, grants of money, other 17
sources of revenue, equipment, supplies, materials, and services, and 18
receive, utilize, and d ispose of the same; provided that at all times the 19
compact commission shall avoid any appearance of impropriety or conflict 20
of interest; 21
12. Lease, purchase, retain, own, hold, improve, invest, or use any property, 22
real, personal, or mixed, or any undivided interest therein; 23
13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 24
dispose of any property real, personal, or mixed; 25
14. Establish a budget and make expenditures; 26
15. Borrow and invest money; 27
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16. Meet and take such actions as are consistent with the provisions of this 1
compact, the compact commission’s rules, and the bylaws; 2
17. Initiate and conclude legal proceedings or actions in the name of the 3
compact commission, provided that the standing of an y licensing authority 4
to sue or be sued under applicable law shall not be affected; 5
18. Maintain and certify records and information provided to a member state as 6
the authenticated business records of the compact commission, and 7
designate an agent to do so on the compact commission’s behalf; 8
19. Provide and receive information from, and cooperate with, law enforcement 9
agencies; 10
20. 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; 13
21. Establish and elect an executive committee, including a chair and a vice 14
chair, secretary, treasurer, and such other offices as the commission shall 15
establish by rule or bylaw; 16
22. Appoint committees, inclu ding standing committees, composed of member 17
state commissioners, state regulators, state legislators or their 18
representatives, and consumer representatives, and such other interested 19
persons as may be designated in this compact and the bylaws; and 20
23. Perform such other functions as may be necessary or appropriate to achieve 21
the purposes of this compact. 22
D. The Executive Committee 23
1. The executive committee shall have the power to act on behalf of the 24
compact commission according to the terms of this compa ct. The powers, 25
duties, and responsibilities of the executive committee shall include: 26
a. Exercise the powers and duties of the compact commission during the 27
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interim between compact commission meetings, except for adopting or 1
amending rules, adopting or am ending bylaws, and exercising any 2
other powers and duties expressly reserved to the compact commission 3
by rule or bylaw; 4
b. Oversee the day -to-day activities of the administration of the compact 5
including enforcement and compliance with the provisions of t he 6
compact, its rules and bylaws, and other such duties as deemed 7
necessary; 8
c. Recommend to the compact commission changes to the rules or 9
bylaws, changes to this compact legislation, fees charged to compact 10
member states, fees charged to licensees, and other fees; 11
d. Ensure compact administration services are appropriately provided, 12
including by contract; 13
e. Prepare and recommend the budget; 14
f. Maintain financial records on behalf of the compact commission; 15
g. Monitor compact compliance of member states a nd provide 16
compliance reports to the compact commission; 17
h. Establish additional committees as necessary; and 18
i. Other duties as provided in the rules or bylaws of the compact 19
commission. 20
2. The executive committee shall be composed of five (5) voting memb ers, 21
elected by the compact commission: 22
a. The chair and vice chair of the compact commission, shall be voting 23
members of the executive committee; 24
b. The compact commission shall elect up to three (3) additional voting 25
members from the current membership o f the compact commission to 26
include the offices of treasurer, secretary, and one (1) member -at-27
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large; and 1
c. Up to four (4) ex -officio, nonvoting members from recognized 2
national athletic trainer organizations. 3
3. The compact commission may remove any memb er of the executive 4
committee as provided in the compact commission’s bylaws. 5
4. The executive committee shall meet at least annually: 6
1. Executive committee meetings shall be open to the public, except that 7
the executive committee may meet in a closed, non -public meeting as 8
provided in this section. 9
2. The executive committee shall give advance notice of its meetings, 10
posted on its website and as determined by rule or bylaw to provide 11
notice to persons with an interest in the business of the compact 12
commission. 13
3. The executive committee may hold a special meeting in accordance 14
with this section. 15
E. The compact commission shall adopt and provide to the member states an annual 16
report. 17
F. Meetings of the Compact Commission: 18
1. All meetings shall be open to the public, except that the compact 19
commission may meet in a closed, non -public meeting as provided in this 20
section. 21
2. Public notice for al l meetings of the full compact commission of meetings 22
shall be given in the same manner as required under the rulemaking 23
provisions in this compact, except that the compact commission may hold a 24
special meeting as provided in this section. 25
3. The compact c ommission may hold a special meeting when it must meet to 26
conduct emergency business by giving twenty -four (24) hours’ notice to all 27
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commissioners, on the compact commission’s website, and other means as 1
provided in the compact commission’s rules. The comp act commission’s 2
legal counsel shall certify that the compact commission’s need to meet 3
qualifies as an emergency. 4
4. The compact commission or the executive committee or other committees of 5
the compact commission may convene in a closed, non -public meeting for 6
the compact commission or executive committee or other committees of the 7
compact commission to receive legal advice or to discuss: 8
a. Non-compliance of a member state with its obligations under the 9
compact; 10
b. The employment, compensation, discipline or other matters, practices 11
or procedures related to specific employees; 12
c. Current or threatened discipline of a licensee by a member state’s 13
licensing authority; 14
d. Current, threatened, or reasonably anticipated litigation; 15
e. Negotiation of contracts f or 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 investigative reports prepared by or on 24
behalf of or for use of the compact commission or other committee 25
charged with responsibility of investigation or determination of 26
compliance issues pursuant to the compact; 27
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k. Matters specifically exempted from disclosure by federal or member 1
state law; or 2
l. Other matters as specified in rules of the compact commission. 3
5. If a meeting, or portion of a meeting, is closed, the compact commission’s 4
legal counsel or designee shall certify that the meeting will be closed and 5
reference each relevant exempting provision, and such referenc e shall be 6
recorded in the minutes. All minutes and documents of a closed meeting 7
shall remain under seal, subject to release only by a majority vote of the 8
compact commission or order of a court of competent jurisdiction. 9
G. Financing of the Compact Commission: 10
1. The compact commission shall pay, or provide for the payment of, the 11
reasonable expenses of its establishment, organization, and ongoing 12
activities. 13
2. The compact commission may accept any and all appropriate revenue 14
sources as provided in this section. 15
3. The compact commission may levy on and collect an annual assessment 16
from each member state and impose fees on licensees of member states to 17
whom it grants a compact privilege to cover the cost of the operations and 18
activities of the compact com mission and its staff, which must be in a total 19
amount sufficient to cover its annual budget as approved each year for 20
which revenue is not provided by other sources. The aggregate annual 21
assessment amount for member states shall be allocated based upon a 22
formula that the compact commission shall promulgate by rule. 23
4. The compact commission shall not incur obligations of any kind prior to 24
securing the funds or a loan adequate to meet the same; nor shall the 25
compact commission pledge the credit of any of th e member states, except 26
by and with the authority of the member state. 27
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5. The compact commission shall keep accurate accounts of all receipts and 1
disbursements. The receipts and disbursements of the compact commission 2
shall be subject to the financial review or audit and accounting procedures 3
established under its bylaws. However, all receipts and dis bursements of 4
funds handled by the compact commission shall be subject to an annual 5
financial review or audit by a certified or licensed public accountant, and 6
the report of the financial review or audit shall be included in and become 7
part of the annual report of the compact commission. 8
H. Qualified Immunity, Defense, and Indemnification: 9
1. The members, officers, executive director, employees and representatives of 10
the compact commission shall be immune from suit and liability, both 11
personally and in their official capacity, for any claim for damage to or loss 12
of property or personal injury or other civil liability caused by or arising out 13
of any actual or alleged act, error, or omission that occurred, or that the 14
person against whom the claim is made had a reasonable basis for believing 15
occurred within the scope of compact commission employment, duties or 16
responsibilities; provided that nothing in this paragraph shall be construed 17
to protect any such person from suit or liability for any damage, loss, injury, 18
or liability caused by the intentional or willful or wanton misconduct of that 19
person. The procurement of insurance of any type by the compact 20
commission shall not in any way compromise or limit the immunity granted 21
hereunder. 22
2. The compact commission shall defend any member, officer, executive 23
director, employee, and representative of the compact commission in any 24
civil action seeking to impose liability arising out of any actual or alleged 25
act, error, or omission that occurred within the scope of com pact 26
commission employment, duties, or responsibilities, or as determined by the 27
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compact commission that the person against whom the claim is made had a 1
reasonable basis for believing occurred within the scope of compact 2
commission employment, duties, or r esponsibilities; provided that nothing 3
herein shall be construed to prohibit that person from retaining their own 4
counsel at their own expense; and provided further, that the actual or 5
alleged act, error, or omission did not result from that person’s inten tional 6
or willful or wanton misconduct. 7
3. The compact commission shall indemnify and hold harmless any member, 8
officer, executive director, employee, and representative of the compact 9
commission for the amount of any settlement or judgment obtained agains t 10
that person arising out of any actual or alleged act, error, or omission that 11
occurred within the scope of compact commission employment, duties, or 12
responsibilities, or that such person had a reasonable basis for believing 13
occurred within the scope of c ompact commission employment, duties, or 14
responsibilities, provided that the actual or alleged act, error, or omission 15
did not result from the intentional or willful or wanton misconduct of that 16
person. 17
4. Nothing herein shall be construed as a limitation on the liability of any 18
licensee for professional malpractice or misconduct, which shall be 19
governed solely by any other applicable state laws. 20
5. Nothing in this compact shall be interpreted to waive or otherwise abrogate 21
a member state’s state action imm unity or state action affirmative defense 22
with respect to antitrust claims under the Sherman Act, Clayton Act, or any 23
other state or federal antitrust or anticompetitive law or regulation. 24
6. Nothing in this compact shall be construed to be a waiver of sov ereign 25
immunity by the member states or by the compact commission. 26
7. The liability of the executive director and employees of the compact 27
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commission or representatives of the compact commission, acting within the 1
scope of such person's employment or dutie s for acts, errors, or omissions, 2
may not exceed the limits of liability set forth under the constitution and 3
laws of this state for state officials, employees, and agents. The compact 4
commission is considered to be an instrumentality of the states for the 5
purposes of any such action. 6
SECTION 9. DATA SYSTEM 7
A. The commission shall provide for the development, maintenance, operation, and 8
utilization of a coordinated data system and reporting system containing 9
licensure, compact privileges, adverse action, a nd the presence of current 10
significant investigative information on all licensees and applicants for a license 11
in member states. 12
B. Notwithstanding any other provision of state law to the contrary, a member state 13
shall submit a uniform data set to the data system on all licensees, applicants, and 14
others to whom this compact is applicable as required by the rules of the compact 15
commission, including: 16
1. Personally identifying information; 17
2. Licensure data; 18
3. Adverse actions against a licensee, license applicant or compact privilege 19
and information related thereto; 20
4. Non-confidential information related to alternative program participation, 21
the beginning and ending dates of such participation, and other information 22
related to such participation; 23
5. Any denial of an application for licensure, and the reason(s) for such 24
denial, (excluding the reporting of any criminal history record information 25
where prohibited by law); 26
6. A binary determination regarding the presence of current significant 27
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investigative information; and 1
7. Other information that may facilitate the administration of this compact or 2
the protection of the public, as determined by the rules of the commission. 3
C. The records and information provided to a member state pursuant to this compact 4
or through the data system, when certified by the commission or an agent thereof, 5
shall constitute the authenticated business records of the commission, and shall 6
be entitled to any associated hearsay exception in any relevant judicial, quasi -7
judicial or administrative proceedings in a member state. 8
D. Current significant investigative information pertaining to a licensee in any 9
member state will only be available to other member states. 10
E. It is the responsibility of the member states to monitor the da ta system to 11
determine whether adverse action has been taken against a licensee or license 12
applicant. Adverse action information pertaining to a licensee or license 13
applicant in any member state will be available to any other member state. 14
F. Member states contributing information to the data system may designate 15
information that may not be shared with the public without the express 16
permission of the contributing state. 17
G. Any information submitted to the data system that is subsequently expunged 18
pursuant to federal law or the laws of the member state contributing the 19
information shall be removed from the data system. 20
SECTION 10. RULEMAKING 21
A. The compact commission shall promulgate reasonable rules in order to effectively 22
and efficiently implement and ad minister the purposes and provisions of the 23
compact. A rule shall be invalid and have no force or effect only if a court of 24
competent jurisdiction holds that the rule is invalid because the compact 25
commission exercised its rulemaking authority in a manner that is beyond the 26
scope and purposes of the compact, or the powers granted hereunder, or based 27
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upon another applicable standard of review. 1
B. The rules of the compact commission shall have the force of law in each member 2
state, provided however that where the rules conflict with the laws or regulations 3
of a member state that relate to the scope of practice a licensed athletic trainer is 4
permitted to undertake in that state and the circumstances under which they may 5
do so, as held by a court of competent ju risdiction, the rules of the compact 6
commission shall be ineffective in that state to the extent of the conflict. 7
C. The compact commission shall exercise its rulemaking powers pursuant to the 8
criteria set forth in this section and the rules adopted thereu nder. Rules of this 9
compact shall become binding on the day following adoption or as of the date 10
specified in the rule or amendment, whichever is later. 11
D. If a majority of the legislatures of the member states rejects a rule or portion of a 12
rule, by enactment of a statute or resolution in the same manner used to adopt the 13
compact within four (4) years of the date of adoption of the rule, then such rule 14
shall have no further force and effect in any member state. 15
E. Rules shall be adopted at a regular or special meeting of the compact 16
commission. 17
F. Prior to adoption of a proposed rule, the compact commission shall hold a public 18
hearing and allow persons to pro vide oral and written comments, data, facts, 19
opinions, and arguments. At least thirty (30) days in advance of the public 20
hearing on the proposed rule, the compact commission shall provide a notice of 21
proposed rulemaking: 22
1. On the website of the compact co mmission or other publicly accessible 23
platform; 24
2. To persons who have requested notice of the compact commission’s notices 25
of proposed rulemaking; and 26
3. In such other way(s) as the compact commission may by rule specify. 27
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G. The notice of proposed rulemaking shall include: 1
1. The time, date, and location of the public hearing at which the compact 2
commission will hear public comments on the proposed rule and, if 3
different, the time, date, and location of the meeting where the compact 4
commission will consider and vote on the proposed rule; 5
2. If the hearing is held via telecommunication, video conference, or other 6
electronic means, the compact commission shall include the mechanism for 7
access to the hearing in the notice of proposed rulemaking; 8
3. The text of the proposed rule and the reason therefor; 9
4. A request for comments on the proposed rule from any interested person; 10
and 11
5. The manner in which interested persons may submit written comments. 12
H. All hearings will be recorded. A copy of the recording and all written comments 13
and documents received by the compact commission in response to the proposed 14
rule shall be available to the public. 15
I. Nothing in this section shall be construed as requiring a separate hearing on 16
each rule. Rules may be grouped for t he convenience of the compact commission 17
at hearings required by this section. 18
J. The compact commission shall, by majority vote of all members, take final action 19
on the proposed rule based on the rulemaking record and the full text of the rule. 20
1. The compact commission may adopt changes to the proposed rule provided 21
the changes do not enlarge the original purpose of the proposed rule. 22
2. The compact commission shall provide an explanation of the reasons for 23
substantive changes made to the proposed rule as well as reasons for 24
substantive changes not made that were recommended by commenters. 25
3. The compact commission shall determine a reasonable effective date for the 26
rule. Except for an emergency as provided in this section, the effective date 27
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of the rule s hall be no sooner than thirty (30) days after issuing the notice 1
that it adopted or amended the rule. 2
K. Upon determination that an emergency exists, the compact commission may 3
consider and adopt an emergency rule with twenty -four (24) hours’ notice, with 4
opportunity to comment, provided that the usual rulemaking procedures provided 5
in the compact and in this section shall be retroactively applied to the rule as soon 6
as reasonably possible, in no event later than ninety (90) days after the effective 7
date of the rule. For the purposes of this provision, an emergency rule is one that 8
must be adopted immediately in order to: 9
1. Meet an imminent threat to public health, safety, or welfare; 10
2. Prevent a loss of compact commission or member state funds; 11
3. Meet a deadline for the promulgation of a rule that is established by federal 12
law or rule; or 13
4. Protect public health and safety. 14
L. The compact commission or an authorized committee of the compact commission 15
may direct revisions to a previously adopted rule for purposes of correcting 16
typographical errors, errors in format, errors in consistency, or grammatical 17
errors. Public notice of any revisions shall be posted on the website of the 18
compact commission. The revision shall be subject to challenge by any person for 19
a period of thirty (30) days after posting. The revision may be challenged only on 20
grounds that the revision results in a material change to a rule. A challenge shall 21
be made in writing and delivered to the compact commission prior to the end of 22
the no tice period. If no challenge is made, the revision will take effect without 23
further action. If the revision is challenged, the revision may not take effect 24
without the approval of the compact commission. 25
M. No member state’s rulemaking requirements shall apply under this compact. 26
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 27
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A. Oversight: 1
1. The executive and judicial branches of state government in each member 2
state shall enforce this compact and take all actions necessary and 3
appropriate to implement the compact. 4
2. Except as otherwise provided in this compact, venue is proper and judicial 5
proceedings by or against the compact commission shall be brought solely 6
and exclusively in a court of competent jurisdiction where the principal 7
office of the compact commission is located. The compact commission may 8
waive venue and jurisdictional defenses to the extent it adopts or consents to 9
participate in alternative dispute resolution proceedings. Nothing herein 10
shall affect or limit the selection or propriety of venue in any a ction against 11
a licensee for professional malpractice, misconduct or any such similar 12
matter. 13
3. The compact commission shall be entitled to receive service of process in 14
any proceeding regarding the enforcement or interpretation of the compact 15
and shall h ave standing to intervene in such a proceeding for all purposes. 16
Failure to provide the compact commission service of process shall render a 17
judgment or order void as to the compact commission, this compact, or 18
promulgated rules. 19
B. Default, Technical Assistance, and Termination: 20
1. If the compact commission determines that a member state has defaulted in 21
the performance of its obligations or responsibilities under this compact or 22
the promulgated rules, the commission shall provide written notice to the 23
defaulting state. The notice of default shall describe the default, the 24
proposed means of curing the default, and any other action that the 25
compact commission may take, and shall offer training and specific 26
technical assistance regarding the default. 27
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2. The compact commission shall provide a copy of the notice of default to the 1
other member states. 2
C. If a state in default fails to cure the default, the defaulting state may be 3
terminated from the compact upon an affirmative vote of a majority of the 4
commissioners of the member states, and all rights, privileges and benefits 5
conferred on that state by this compact may be terminated on the effective date of 6
termination. A cure of the default does not relieve the offending state of 7
obligations or liabilities incurred during the period of default. 8
D. Termination of membership in the compact shall be imposed only after all other 9
means of securing compliance have been exhausted. Notice of intent to suspend 10
or terminate shall be given by the compact commission to the G overnor, the 11
majority and minority leaders of the defaulting state’s legislature, the defaulting 12
state’s licensing authority and each of the member states’ licensing authority. 13
E. A state that has been terminated is responsible for all assessments, obligat ions, 14
and liabilities incurred through the effective date of termination, including 15
obligations that extend beyond the effective date of termination. 16
F. Upon the termination of a state’s membership from this compact, that state shall 17
immediately provide no tice to all licensees within that state of such termination. 18
The terminated state shall continue to recognize all licenses and compact 19
privileges granted pursuant to this compact for a minimum of one hundred eighty 20
(180) days after the date of said notice of termination. 21
G. The compact commission shall not bear any costs related to a state that is found 22
to be in default or that has been terminated from the compact, unless agreed 23
upon in writing between the compact commission and the defaulting state. 24
H. The defaulting state may appeal the action of the compact commission by 25
petitioning the U.S. District Court for the District of Columbia or the federal 26
district where the compact commission has its principal offices. The prevailing 27
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party shall be awarded all costs of such litigation, including reasonable attorney’s 1
fees. 2
I. Dispute Resolution: 3
1. Upon request by a member state, the compact commission shall attempt to 4
resolve disputes related to the compact that arise among member states and 5
between member and non-member states. 6
2. The compact commission shall promulgate a rule providing for both 7
mediation and binding dispute resolution for disputes as appropriate. 8
J. Enforcement: 9
1. By two-thirds (2/3) majority vote, the compact commission may initiate legal 10
action against a member state in default in the United States District Court 11
for the District of Columbia or the federal district where the compact 12
commission has its principal offices to enforce compliance with the 13
provisions of the compact and its promulg ated rules. The relief sought may 14
include both injunctive relief and damages. In the event judicial 15
enforcement is necessary, the prevailing party shall be awarded all costs of 16
such litigation, including reasonable attorney’s fees. The remedies herein 17
shall not be the exclusive remedies of the compact commission. The 18
compact commission may pursue any other remedies available under 19
federal or the defaulting member state’s law. 20
2. A member state may initiate legal action against the compact commission in 21
the U.S. District Court for the District of Columbia or the federal district 22
where the compact commission has its principal offices to enforce 23
compliance with the provisions of the compact and its promulgated rules. 24
The relief sought may include both injunctiv e relief and damages. In the 25
event judicial enforcement is necessary, the prevailing party shall be 26
awarded all costs of such litigation, including reasonable attorney’s fees. 27
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3. No person other than a member state shall enforce this compact against the 1
compact commission. 2
SECTION 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 3
A. The compact shall come into effect on the date on which the compact statute is 4
enacted into law in the seventh member state. 5
1. On or after the effective date of the compact, the compact commission shall 6
convene and review the enactment of each of the first seven (7) member 7
states ("charter member states") to determine if the statute enacted and 8
made effective by each such charter member state is materially different 9
than the model compact statute. 10
a. A charter member state whose enactment is found to be materially 11
different from the model compact language shall be entitled to the 12
default process set forth in Section 11 of this compact. 13
b. If any member state is later found to be in default, or is terminated or 14
withdraws from the compact, the compact commission shall remain in 15
existence and the compact shall remain in effect even if the number of 16
member states should be less than seven (7). 17
2. Member states enacting the compact subs equent to the seven (7) initial 18
charter member states shall be subject to the process set forth in this section 19
to determine if their enactments are materially different from the model 20
compact statute and whether they qualify for participation in the compact. 21
3. All actions taken for the benefit of the compact commission or in 22
furtherance of the purposes of the administration of the compact prior to 23
the effective date of the compact or the compact commission coming into 24
existence shall be considered to be a ctions of the compact commission 25
unless specifically repudiated by the compact commission. 26
4. Any state that joins the compact subsequent to the compact commission’s 27
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initial adoption of the rules and bylaws shall be subject to the rules and 1
bylaws as they exist on the date on which the compact becomes law in that 2
state. Any rule that has been previously adopted by the compact commission 3
shall have the full force and effect of law on the day the compact becomes 4
law in that state. 5
B. Any member state may withdraw from this compact by enacting a statute 6
repealing the same. 7
1. A member state’s withdrawal shall not take effect until one hundred eighty 8
(180) days after enactment of the repealing statute. 9
2. Withdrawal shall not affect the continuing requirement of the withdrawing 10
state’s licensing authority to comply with the investigative and adverse 11
action reporting requirements of this compact prior to the effective date of 12
withdrawal. 13
3. Upon the enactment of a statute withdrawing from this compact, a state 14
shall immediately provide notice of such withdrawal to all licensees and 15
privilege holders within that state. Notwithstanding any subsequent 16
statutory enactment to the contrary, such withdrawing state shall continue 17
to recognize all c ompact privileges granted pursuant to this compact for a 18
minimum of one hundred eighty (180) days after the date of such notice of 19
withdrawal. 20
4. Nothing contained in this compact shall be construed to invalidate or 21
prevent any licensure agreement or othe r cooperative arrangement between 22
a member state and a non -member state that does not conflict with the 23
provisions of this compact. 24
5. This compact may be amended by the member states. No amendment to this 25
compact shall become effective and binding upon an y member state until it 26
is enacted into the laws of all member states. 27
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SECTION 13. CONSTRUCTION AND SEVERABILITY 1
A. This compact and the compact commission’s rulemaking authority shall be 2
liberally construed so as to effectuate the purposes, and the imple mentation and 3
administration of the compact. Provisions of the compact expressly authorizing or 4
requiring the promulgation of rules shall not be construed to limit the compact 5
commission’s rulemaking authority solely for those purposes. 6
B. The provisions o f this compact shall be severable and if any phrase, clause, 7
sentence or provision of this compact is held by a court of competent jurisdiction 8
to be contrary to the constitution of any member state, a state seeking 9
participation in the compact, or of the United States, or the applicability thereof 10
to any government, agency, person or circumstance is held to be unconstitutional 11
by a court of competent jurisdiction, the validity of the remainder of this compact 12
and the applicability thereof to any other gove rnment, agency, person or 13
circumstance shall not be affected thereby. 14
C. Notwithstanding the foregoing, the compact commission may deny a state’s 15
participation in the compact or terminate a member state’s participation in the 16
compact if it determines that a constitutional requirement of a member state is a 17
material departure from the compact. Otherwise, if this compact shall be held to 18
be contrary to the constitution of any member state, the compact shall remain in 19
full force and effect as to the remaining member states and in full force and 20
effect as to the member state affected as to all severable matters. 21
SECTION 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE 22
LAWS 23
A. Nothing herein shall prevent or inhibit the enforcement of any other law of a 24
member state that is not inconsistent with the compact. 25
B. Any laws, statutes, regulations, or other legal requirements in a member state in 26
conflict with the compact are superseded to the extent of the conflict. 27
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C. All permissible agreements between the compac t commission and the member 1
states are binding in accordance with their terms. 2
SECTION 15. APPLICABILITY TO KENTUCKY STATE GOVERNMENT 3
In order to clarify the effect of certain provisions of this compact and to ensure that the 4
rights and responsibilities of the various branches of government are maintained, the 5
following shall be in effect in this state: 6
A. By entering into this compact, this state authorizes the state athletic trainer 7
licensing authority as defined in Section 2.V. of this compact and as cre ated by 8
KRS 311.530 and authorized to promulgate administrative regulations under 9
KRS 311.901 to implement the provisions of this compact; 10
B. Notwithstanding any provision of this compact to the contrary: 11
1. When a rule is adopted pursuant to Section 10 of this compact, the state 12
athletic trainer licensing authority as defined in Section 2.V. of this compact 13
shall have sixty (60) days to review the rule for the purpose of filing the rule 14
as an emergency administrative regulation pursuant to KRS 13A.190 and 15
for filing the rule as an accompanying ordinary administrative regulation, 16
in accordance with the requirements in KRS Chapter 13A. Failure by the 17
state athletic trainer licensing authority as defined in Section 2.V. of this 18
compact to promulgate a rule ado pted by the athletic trainer licensure 19
compact commission as an administrative regulation pursuant to KRS 20
Chapter 13A shall result in the initiation of the process for withdrawal as 21
set forth in Section 12 of this compact. Nothing in these provisions shall 22
negate the applicability and effect of a commission rule or Section 10 of this 23
compact to this state; 24
2. If the proposed administrative regulation is found deficient and the 25
deficiency is not resolved pursuant to KRS 13A.330 or 13A.335, the 26
provisions of Section 11 of this compact shall apply. If the deficiency is 27
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resolved in a manner determined by the athletic trainer licensure compact 1
commission to be inconsistent with this compact or its rules, or if the 2
procedures under Section 11 of this compact fail to resolve an issue, the 3
withdrawal provisions of Section 12 of this compact shall apply; and 4
3. If a court of competent jurisdiction determines that the Athletic Trainer 5
Compact Commission created by Section 8 of this compact exercises its 6
rulemaking authority in a manner that is beyond the scope of the purposes 7
of this compact, or the powers granted under this compact, then such an 8
action by the commission shall be invalid and have no force or effect; 9
C. Section 8.G. of this compact pertaining to the fina ncing of the Athletic Trainer 10
Compact Commission shall not be interpreted to obligate the general fund of this 11
state. Any funds used to finance this compact shall be from money collected 12
pursuant to KRS 311.610; and 13
D. This compact shall apply only to thos e athletic trainers who practice or work 14
under a compact privilege. 15