AN ACT relating to the Athletic Trainer Compact.

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AN ACT relating to the Athletic Trainer Compact. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 311 IS CREATED TO 3
READ AS FOLLOWS: 4
ATHLETIC TRAINER COMPACT 5
SECTION 1. TITLE AND PURPOSE 6
This statute shall be known and cited as the Athletic Trainer Compact. The 7
purposes of this compact are to expand mob ility of athletic training practice and 8
improve public access to services by providing qualified licensed athletic trainers the 9
ability to practice in other member states. This compact preserves the regulatory 10
authority of states to protect public health a nd safety through the current system of 11
state licensure. 12
This compact is designed to achieve the following objectives: 13
A. Increase public access to athletic training and enhance continuity of care by 14
providing for the mutual recognition of other licenses issued by member states; 15
B. Provide an additional streamlined opportunity for interstate practice by 16
licensed athletic trainers who meet compact uniform requirements; 17
C. Promote mobility and workforce development by eliminating the necessity 18
for licenses in multiple states by providi ng for the mutual recognition of other licenses 19
issued by member states; 20
D. Reduce administrative burdens on licensed athletic trainers and member 21
states; 22
E. Enhance the states’ ability to protect the public’s health and safety; 23
F. Encourage the coopera tion of member states in regulating interstate 24
practice of licensed athletic trainers; 25
G. Support relocating active military members and their spouses; 26
H. Enhance the exchange of licensure, investigative, and disciplinary 27
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information among member states; 1
I. Allow for the use of telehealth to facilitate increased access to athletic 2
training services; 3
J. Support the uniformity of licensed athletic trainer licensure requirements 4
throughout the states; 5
K. Affirm the authority of all member states to hold a licensed athletic trainer 6
accountable for abiding by the scope of practice in the state in which the patient is 7
located at the time of care; and 8
L. Require adherence to the model compact language in order to promote 9
uniformity and ensure that all member states have accepted and are mutually obligated 10
to the same terms. 11
SECTION 2. DEFINITIONS 12
As used in this compact, unless the context requires otherwise, the following 13
definitions shall apply: 14
A. "Active Military Member" means any individual with full -time duty status 15
in the active armed forces of the United States, including members of the National 16
Guard and Reserve. 17
B. "Adverse Action" means any administrative, civil, equitable or criminal 18
action permitted by a state’s laws which is imposed by a licensing a uthority or other 19
authority against a licensee, including actions against an individual’s license or 20
compact privilege such as revocation, suspension, probation, monitoring of the 21
licensee, limitation on the licensee’s practice, or any other encumbrance on licensure 22
affecting a licensee’s authorization to practice. 23
C. "Alternative Program" means a non -disciplinary monitoring or practice 24
remediation process applicable to an athletic trainer approved by a state licensing 25
authority of a member state in which t he athletic trainer is licensed. This includes, but 26
is not limited to, programs to which licensees with substance use, addiction, or mental 27
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health conditions are referred in lieu of adverse action. 1
D. "Athletic Training" means the prevention, examination, assessment, 2
treatment and rehabilitation of emergent, acute, or chronic injuries and medical 3
conditions as defined by applicable member state laws and regulations. 4
E. "Athletic Trainer Compact Commission" or "Compact Commission" 5
means the government agency whose membership consists of all states that have 6
enacted this compact, as described herein and which shall operate as an 7
instrumentality of the member states to administer and implement the compact 8
according to its terms. 9
F. "BOC" means the Board of Cert ification, Inc. or any successor 10
organization thereto. 11
G. "CAATE" means the Commission on Accreditation of Athletic Training 12
Education or any successor organization thereto. 13
H. "Charter Member State" means any member state which enacted and made 14
effective this compact by law before the compact effective date specified herein. 15
I. "Commissioner" means the individual appointed by a member state to serve 16
as the member of the commission for that member state. 17
J. "Compact Privilege" means the legal authorizatio n granted by a remote 18
state, equivalent to a license, allowing a licensee from another member state to provide 19
athletic training services in a remote state. 20
K. "Compact Qualifying License" means a license that is not an encumbered 21
license issued by a membe r state to practice athletic training which qualifies the 22
licensee to exercise a compact privilege pursuant to Section 4 of this compact. 23
L. "Continuing Competence" means a requirement, as a condition of license 24
renewal, to provide evidence of successful p articipation, and completion of, 25
educational and professional activities relevant to practice or area of work. For 26
purposes of this compact, evidence of active BOC certification may satisfy the meaning 27
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of continuing competence as set forth herein. 1
M. "Current Significant Investigative Information" means the existence of: 2
1. Investigative information that a licensing authority, after a preliminary 3
inquiry that includes notification and an opportunity for the subject licensee to 4
respond, if required by state law, has reason to believe is not groundless and, if proven 5
true, would indicate more than a minor infraction; or 6
2. Investigative information that indicates that the subject licensee represents 7
an immediate threat to public health and safety regardless of whether the subject 8
licensee has been notified and had an opportunity to respond. 9
N. "Criminal Background Check" means the submission of fingerprints or 10
other biometric-based information for a license applicant for the purpose of obtaining 11
that applicant’s criminal history record information, as defined in 28 C.F.R. § 20.3(d) 12
from the Federal Bureau of Investigation and the state’s criminal history record 13
repository as defined in 28 C.F.R. § 20.3(f). 14
O. "Data System" means the commission’s repository of information about 15
licensees, including but not limited to examination, licensure, investigative, compact 16
privilege, adverse action, and alternative program. 17
P. "Encumbrance" or "Encumbered" means a revocation or suspension of, or 18
any limitation or condition on, the full and unrestricted practice of athletic training. 19
Q. "Executive Committee" means a group of commissioners elected or 20
appointed to act on behalf of, and within the powers granted to them by, th e compact 21
and commission. 22
R. "Investigative Information" means information, records, and documents 23
received or generated by a licensing authority pursuant to an investigation. 24
S. "Jurisprudence Requirement" means the assessment of an individual’s 25
knowledge of the laws and rules governing the practice of athletic training, as 26
applicable, in a state. 27
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T. "License" means current authorization by a member state to engage in the 1
practice of athletic training. 2
U. "Licensee" or "Licensed Athletic Trainer" means an individual who 3
currently holds an active, unrestricted license and who meets all of the requirements 4
outlined in Section 4 of this compact. 5
V. "Licensing Authority" means the board or agency of a state, or equivalent, 6
that is responsible for the licensing and regulation of athletic trainers. 7
W. "Model Compact Language" the model language for the Athletic Trainer 8
Compact on file with The Council of State Governments or other entity as designated 9
by the commission to which all member states must substantively adhere and adopt. 10
X. "Member State" means a state that has enacted the compact. 11
Y. "Remote State" means a member state other than the state of qualifying 12
licensure. 13
Z. "Rule" means a regulation promulgated by an authorized entity that has 14
the force of law. 15
AA. "Scope of Practice" means the procedures, actions, and processes an 16
athletic trainer licensed in a state is permitted to undertake in that state and the 17
circumstances under which the licensee is permitted to undertake those procedures, 18
actions and pr ocesses. Such procedures, actions and processes and the circumstances 19
under which they may be undertaken may be established through means, including, 20
but not limited to, statute, regulations, case law, and other processes available to the 21
state licensing a uthority or other government agency. Scope of practice shall include 22
any state requirements regarding supervision or direction, if required by such state and 23
as further defined by such state’s statutes and regulations. 24
BB. "Single State License" means a li cense issued by any state that authorizes 25
practice only within the issuing state. 26
CC. "State" means any state, commonwealth, district, or territory of the United 27
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States of America. 1
DD. "State of Qualifying Licensure" means the member state who has issued a 2
compact qualifying license to a licensee pursuant to this compact. 3
EE. "Unencumbered License" means a license that authorizes a licensee to 4
engage in the full and unrestricted practice of athletic training. 5
SECTION 3. STATE PARTICIPATION IN THE COMPACT 6
A. To be eligible to join this compact and to maintain eligibility as a member 7
state, a state must: 8
1. Enact and maintain a statute that is not materially different from the model 9
compact language; 10
2. License and regulate the practice of athletic training; 11
3. Require that licensees in that state maintain continuing competence 12
standards as part of their state practice act or rules; 13
4. Have a mechanism in place for receiving and investigating complaints 14
about licensees; 15
5. Grant the compact privilege to a lice nsee who meets all the requirements 16
outlined in Section 4 in accordance with the terms of the compact and any rules 17
promulgated thereunder; 18
6. Participate fully in the compact commission’s data system, including using 19
the unique identifier as defined in rules; 20
7. Notify the compact commission, in compliance with the terms of the 21
compact and rules, of any adverse action or the availability of current significant 22
investigative information regarding a licensee; 23
8. Within a time frame established by rule, imp lement or utilize procedures for 24
considering the criminal history records of applicants for a compact qualifying license 25
which includes receiving the results of the Federal Bureau of Investigation record 26
search and shall use those results in making licensu re decisions. These procedures 27
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shall include the submission of fingerprints or other biometric -based information by 1
applicants for the purpose of obtaining an applicant’s criminal history record 2
information from the Federal Bureau of Investigation and the agency responsible for 3
retaining that state’s criminal records; and 4
a. A member state must fully implement a criminal background check 5
requirement in order to participate in the issuance and acceptance of compact 6
privileges. 7
b. Communication between a mem ber state and the compact commission or 8
among member states regarding the verification of eligibility for licensure through the 9
compact shall not include any information received from the Federal Bureau of 10
Investigation relating to a federal criminal records check performed by a member state. 11
9. Comply with and enforce the rules of the compact commission. 12
B. Member states may set and collect a fee for issuance and renewal of a 13
compact privilege to applicants. 14
C. Individuals without a compact qualifying license shall continue to be able to 15
apply for a member state’s single -state license as provided under the l aws of each 16
member state. 17
D. Nothing in this compact shall affect the requirements established by a 18
member state for the issuance of a single state license. 19
E. A compact qualifying license shall be recognized by each remote state as 20
authorizing that licensee to engage in the practice of athletic training, under a compact 21
privilege, in another member state in accordance with the requirements in Section 4. 22
SECTION 4. COMPACT PRIVILEGE 23
A. To be eligible for a compact privilege under the terms and provision s of the 24
compact, the licensee shall complete a criminal background check performed by the 25
licensing authority in the state of qualifying licensure prior to entry in the compact and 26
shall: 27
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1. Satisfy one of the following two pathways: 1
a. Hold a valid curr ent active certification through the BOC, or its successor 2
organization; or 3
b. If a licensee does not meet the requirements of 4.A.1.a., the following must 4
be completed: 5
i. An education program which is either: 6
1. At least a bachelor’s degree with a major course of study in athletic 7
training, or an equivalent course of study from a college or university accredited at the 8
time of graduation by CAATE, or its successor organization; 9
2. An academic degree from a college or university in a foreign country 10
equivalent to the degree described in subparagraph 1 of this subsection with a major 11
course of study as described in subparagraph 1 of this subsection that is accredited by 12
CAATE, or its successor organization; or 13
3. The substantial equivalent of the foregoin g which the commission may 14
determine by rule. 15
ii. Successful completion of the exam administered by the BOC, or its 16
successor organization, preceding the date of the licensee’s application for licensure in 17
their state of qualifying licensure or the substa ntial equivalent of the foregoing 18
requirement which the commission may determine by rule. 19
2. Hold a compact qualifying license; 20
3. Have not had any encumbrance against any license or compact privilege to 21
practice athletic training within the previous two (2) years; 22
4. Be eligible for a compact privilege in any member state in accordance with 23
Section 4; 24
5. Notify the compact commission that the licensee is seeking the compact 25
privilege within a remote state(s); 26
6. Pay any applicable fees, including any state fee, for the compact privilege; 27
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7. Meet only the continuing competence requirements established by the state 1
of qualifying licensure; 2
8. Comply with any requirements of the state of qualifying licensure as set 3
forth in Section 3; 4
9. Meet any jurisprud ence requirements established by the remote state(s) in 5
which the licensee is seeking a compact privilege; and 6
10. Report to the compact commission any adverse action, encumbrance, or 7
restriction on a license taken by any non-member state within 30 days from the date the 8
action is taken. 9
B. The compact privilege is valid until the expiration date of the compact 10
qualifying license. To maintain a compact privilege, renewal of the compact privilege 11
shall be congruent with the renewal of the compact qualifyin g license as the compact 12
commission may define by rule. The licensee must comply with the requirements of this 13
section to maintain the compact privilege in the remote state. A licensee may apply for 14
and hold compact privileges in multiple member states. 15
C. A licensed athletic trainer must follow the scope of practice of the member 16
state where the patient is located. A licensee engaging in the practice of athletic 17
training in a remote state under the compact privilege shall adhere to the scope of 18
practice la ws and regulations of the remote state. Licensees shall be responsible for 19
educating themselves on, and complying with, any and all scope of practice laws and 20
regulations state laws relating to the remote practice of athletic training, as applicable. 21
D. A licensee engaging in the practice of athletic training in a remote state is 22
subject to that state’s regulatory authority. A remote state may, in accordance with due 23
process and that state’s laws, remove a licensee’s compact privilege in the remote state 24
for a specific period of time, impose fines, or take any other necessary actions to 25
protect the health and safety of its citizens. Any member state which undertakes such 26
an action shall promptly notify the member state and the commission as specified in 27
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the rules. The licensee may be deemed to be ineligible to exercise the compact privilege 1
by any member state until the specific time for removal has passed and all fines are 2
paid. 3
E. All member state disciplinary orders that impose adverse action against a 4
compact qualifying license shall result in deactivation of the licensee’s compact 5
privilege in all member states during the pendency of the order. If a compact qualifying 6
license is encumbered, the licensee shall lose the compact privilege in any remote sta te 7
until the following occur: 8
1. The compact qualifying license is no longer encumbered; and 9
2. The licensee h as not had any encumbrance or restriction against any 10
license, compact qualifying license or compact privilege within the previous two (2) 11
years. 12
F. Once an encumbered license is restored to good standing as a compact 13
qualifying license (as certified by t he licensing authority), the licensee must meet the 14
requirements of this section to obtain a compact privilege in any remote state. 15
G. If a licensee’s compact privilege in any remote state is removed, that 16
licensee may also lose the compact privilege in o ther remote states, as each member 17
state shall determine in its sole authority, until the following occur: 18
1. The specific period of time for which the compact privilege was removed has 19
ended; 20
2. All fines have been paid; and 21
3. Have not had any encumbr ance or restriction against any license or 22
compact privilege within the previous two (2) years. 23
H. Once the requirements of Section 4.G have been met, the licensee must meet 24
the requirements in Section 4.A to obtain a compact privilege in a remote state. 25
SECTION 5. COMPACT QUALIFYING LICENSE 26
A. A licensee may only designate one license as their compact qualifying 27
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license at a time. The procedures for such designation may be further defined by 1
compact commission rule. 2
B. Nothing in this section shall require that the state of qualifying licensure be 3
the state of primary residence or state of primary practice for the licensee. 4
C. Nothing in this compact shall interfere with a licensee’s ability to hold a 5
single state license in multiple states. 6
D. Nothing in this compact shall affect the requirements established by a 7
member state for the issuance of a single state license. 8
SECTION 6. ACTIVE MILITARY MEMBER OR THEIR SPOUSES 9
An active military member or their spouse shall not be required to pay a fee to the 10
commission for a compact privilege. If a member state chooses to charge a member 11
state fee, it may choose to charge a reduced fee or no fee to an active military member 12
or their spouse for a compact privilege. 13
SECTION 7. ADVERSE ACTIONS 14
A. A member state in which a licensee is issued a compact qualifying license 15
shall have the exclusive authority to impose adverse action against the compact 16
qualifying license issued by that member state. 17
B. A member state may take adverse action based on current signific ant 18
investigative information of a remote state, so long as the member state follows its own 19
procedures for imposing adverse action. 20
C. Nothing in this compact shall override a member state’s decision that 21
participation in an alternative program may be us ed in lieu of adverse action and that 22
such participation shall remain non -public if required by the member state’s laws or 23
rules. 24
D. A remote state shall have the authority to: 25
1. Take adverse actions as set forth herein against a licensee’s compact 26
privilege in that state; and 27
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2. Issue subpoenas for both hearings and investigations that require the 1
attendance and testimony of witnesses as well as the production of evidence. 2
a. Subpoenas may be issued by a member state athletic training licensing 3
authority for the attendance and testimony of witnesses and the production of evidence. 4
b. A member state which issues a subpoena may request service of that 5
subpoena by another member state. The member state receiving the request to serve a 6
subpoena shall serve the subpoena if it is deemed enforceable by a court of competent 7
jurisdiction according to the practice and procedure in the receiving member state. 8
c. The issuing authority shall pay any witness fees, travel expenses, mileage, 9
and other fees required by the service statutes of the state where the witnesses or 10
evidence are located. 11
E. For purposes of taking adverse action, a member state shall give the same 12
priority and effect to reported conduct received from another member state as it would 13
if the co nduct had occurred within that state. In so doing, the investigating member 14
state shall apply its own state laws to determine appropriate action. 15
F. A member state, if otherwise permitted by state law, may recover from the 16
affected licensee the costs of investigations and dispositions of cases resulting from any 17
adverse action taken against that licensee. 18
G. Joint Investigations: 19
1. In addition to the authority granted to a member state by its respective state 20
law, any member state may participate with o ther member states in joint investigations 21
of licensees. 22
2. Member states shall share any current significant investigative information, 23
litigation, or compliance materials in furtherance of any joint or individual 24
investigation initiated under the compac t. In sharing such information between 25
member state athletic trainer licensing authorities, all information obtained shall be 26
kept confidential, except as otherwise mutually agreed upon by the sharing and 27
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receiving member state(s). 1
3. A remote state may issue subpoenas on behalf of a member state for both 2
hearings and investigations that require the attendance and testimony of witnesses as 3
well as the production of evidence. 4
H. If a member state takes adverse action, it shall promptly n otify the 5
administrator of the data system. The administrator of the data system shall promptly 6
notify all member states of any adverse actions by remote states. 7
I. Nothing in this compact may permit a member state to take any adverse 8
action against a lic ensee or holder of a compact privilege for conduct or practice 9
occurring in another member state that was legal in the member state at the time it was 10
undertaken. 11
SECTION 8. ESTABLISHMENT AND OPERATION OF THE COMMISSION 12
A. The compact member states hereb y create and establish a joint government 13
agency whose membership consists of all member states that have enacted the compact 14
known as the athletic trainer licensure compact commission. The compact commission 15
is an instrumentality of the member states acti ng jointly and not an instrumentality of 16
any one state. The compact commission shall come into existence on or after the 17
effective date of the compact as set forth in Section 12. 18
B. Membership, Voting, and Meetings 19
1. Each member state shall have and be li mited to one (1) commissioner 20
selected by that member state’s licensing authority within 60 days of the member state’s 21
effective date. 22
2. The commissioner shall be an administrator or their designated staff or 23
current board member of the licensing authority. 24
3. The compact commission may recommend removal or suspension of any 25
commissioner from office. 26
4. A member state’s licensing authority shall fill any vacancy of its 27
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commissioner occurring on the compact commission within 60 days of the vacancy. 1
5. Each commissioner shall be entitled to one vote on all matters before the 2
compact commission requiring a vote by the commissioners. 3
6. The compact commission shall meet at least once during each calendar 4
year. Additional meetings may be held as set forth in th e commission bylaws. A 5
commissioner shall vote in person or by such other means as provided in the bylaws. 6
The bylaws may provide for commissioners to meet by telecommunication, 7
videoconference, or other means of communication. 8
C. The compact commission shall have the following powers: 9
1. Promulgate, adopt, and amend rules and bylaws; 10
2. Establish code of conduct, confidentiality, and conflict of interest policies 11
for commissioners; 12
3. Establish the fiscal year of the compact commission; 13
4. Maintain its financial records in accordance with the bylaws; 14
5. Purchase and maintain insurance and insurance bonds; 15
6. Accept, or contract for services of personnel, including, but not limited to, 16
employees of a member state; 17
7. Conduct a financial review or audit; 18
8. Hire employees, elect or appoint officers, fix compensation, define duties, 19
grant such individuals appropriate authority to carry out the purposes of the compact, 20
and establish the compact commission’s personnel policies and programs relating to 21
conflicts of interest, qualifications of personnel, and other related personnel matters; 22
9. Enter into contracts or arrangements for the management of the affairs of 23
the commission; 24
10. Assess and collect fees; 25
11. Accept any and all appropriate gifts, donations, gr ants of money, other 26
sources of revenue, equipment, supplies, materials, and services, and receive, utilize, 27
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and dispose of the same; provided that at all times the compact commission shall avoid 1
any appearance of impropriety or conflict of interest; 2
12. Lease, purchase, retain, own, hold, improve, invest, or use any property, 3
real, personal, or mixed, or any undivided interest therein; 4
13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 5
dispose of any property real, personal, or mixed; 6
14. Establish a budget and make expenditures; 7
15. Borrow and invest money; 8
16. Meet and take such actions as are consistent with the provisions of this 9
compact, the compact commission’s rules, and the bylaws; 10
17. Initiate and conclude legal proceedings or actions in the name of the 11
compact commission, provided that the standing of any licensing authority to sue or be 12
sued under applicable law shall not be affected; 13
18. Maintain and certify records and information provided to a member state as 14
the authenticated business records of the compact commission, and designate an agent 15
to do so on the compact commission’s behalf; 16
19. Provide and receive information from, and cooperate with, law enforcement 17
agencies; 18
20. Determine whether a state’s adopted language is materially different from 19
the model compact language such that the state would not qualify for participation in 20
the compact; 21
21. Establish and elect an executive committee, including a chair and a vice 22
chair, secretary, treasurer, and such other offices as the commission shall establish by 23
rule or bylaw; 24
22. Appoint committees, including standing committees, composed of member 25
state commissioners, state regulators, state legislators or their representatives, and 26
consumer representatives, and such other interested persons as may be designated in 27
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this compact and the bylaws; and 1
23. Perform such other functions as may be necessary or appropriate to achieve 2
the purposes of this compact. 3
D. The Executive Committee 4
1. The executive committee shall have the power to act on behalf of the 5
compact commission according to the terms of this compact. The powers, duties, and 6
responsibilities of the executive committee shall include: 7
a. Exercise the powers and duties of the compac t commission during the 8
interim between compact commission meetings, except for adopting or amending rules, 9
adopting or amending bylaws, and exercising any other powers and duties expressly 10
reserved to the compact commission by rule or bylaw; 11
b. Oversee th e day -to-day activities of the administration of the compact 12
including enforcement and compliance with the provisions of the compact, its rules 13
and bylaws, and other such duties as deemed necessary; 14
c. Recommend to the compact commission changes to the rul es or bylaws, 15
changes to this compact legislation, fees charged to compact member states, fees 16
charged to licensees, and other fees; 17
d. Ensure compact administration services are appropriately provided, 18
including by contract; 19
e. Prepare and recommend the budget; 20
f. Maintain financial records on behalf of the compact commission; 21
g. Monitor compact compliance of member states and provide compliance 22
reports to the compact commission; 23
h. Establish additional committees as necessary; and 24
i. Other duties as provided in the rules or bylaws of the compact commission. 25
2. The executive committee shall be composed of five voting members, elected 26
by the compact commission: 27
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a. The chair and vice chair of the compact commission, shall be voting 1
members of the executive committee; 2
b. The compact commission shall elect up to three additional voting members 3
from the current membership of the compact commission to include the offices of 4
treasurer, secretary, and one member-at-large; and 5
c. Up to four (4) ex -officio, nonvoting members from recognized national 6
athletic trainer organizations. 7
3. The compact commission may remove any member of the executive 8
committee as provided in the compact commission’s bylaws. 9
4. The executive committee shall meet at least annually: 10
1. Executive committee meetings shall be open to the public, except that the 11
executive committee may meet in a closed, non -public meeting as provided in this 12
section. 13
2. The executive committee shall give advance notice of its meetings, posted on 14
its website and as d etermined by rule or bylaw to provide notice to persons with an 15
interest in the business of the compact commission. 16
3. The executive committee may hold a special meeting in accordance with this 17
section. 18
E. The compact commission shall adopt and provide to the member states an 19
annual report. 20
F. Meetings of the Compact Commission: 21
1. All meetings shall be open to the public, except that the compact 22
commission may meet in a closed, non-public meeting as provided in this section. 23
2. Public notice for all meetings of the full compact commission of meetings 24
shall be given in the same manne r as required under the rulemaking provisions in this 25
compact, except that the compact commission may hold a special meeting as provided 26
in this section. 27
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3. The compact commission may hold a special meeting when it must meet to 1
conduct emergency business b y giving 24 hours’ notice to all commissioners, on the 2
compact commission’s website, and other means as provided in the compact 3
commission’s rules. The compact commission’s legal counsel shall certify that the 4
compact commission’s need to meet qualifies as an emergency. 5
4. The compact commission or the executive committee or other committees of 6
the compact commission may convene in a closed, non -public meeting for the compact 7
commission or executive committee or other committees of the compact commission to 8
receive legal advice or to discuss: 9
a. Non-compliance of a member state with its obligations under the compact; 10
b. The employment, compensation, discipline or other matters, practices or 11
procedures related to specific employees; 12
c. Current or threatened d iscipline of a licensee by a member state’s licensing 13
authority; 14
d. Current, threatened, or reasonably anticipated litigation; 15
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, 16
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 or 19
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 behalf of 24
or for use of the compact commission or other committee charged with responsibility of 25
investigation or determination of compliance issues pursuant to the compact; 26
k. Matters specifically exempted from disclosure by federal or member state 27
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law; or 1
l. Other matters as specified in rules of the compact commission. 2
5. If a meeting, or portion of a meeting, is closed, the com pact commission’s 3
legal counsel or designee shall certify that the meeting will be closed and reference 4
each relevant exempting provision, and such reference shall be recorded in the 5
minutes. All minutes and documents of a closed meeting shall remain under seal, 6
subject to release only by a majority vote of the compact commission or order of a court 7
of 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 activities. 11
2. The compact commission may accept any and all appropriate revenue 12
sources as provided in this section. 13
3. The compact commission may levy on and collect an annual assessment 14
from each member sta te and impose fees on licensees of member states to whom it 15
grants a compact privilege to cover the cost of the operations and activities of the 16
compact commission and its staff, which must be in a total amount sufficient to cover 17
its annual budget as appr oved each year for which revenue is not provided by other 18
sources. The aggregate annual assessment amount for member states shall be allocated 19
based upon a formula that the compact commission shall promulgate by rule. 20
4. The compact commission shall not in cur obligations of any kind prior to 21
securing the funds or a loan adequate to meet the same; nor shall the compact 22
commission pledge the credit of any of the member states, except by and with the 23
authority of the member state. 24
5. The compact commission sha ll keep accurate accounts of all receipts and 25
disbursements. The receipts and disbursements of the compact commission shall be 26
subject to the financial review or audit and accounting procedures established under 27
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its bylaws. However, all receipts and disbur sements of funds handled by the compact 1
commission shall be subject to an annual financial review or audit by a certified or 2
licensed public accountant, and the report of the financial review or audit shall be 3
included in and become part of the annual report of the compact commission. 4
H. Qualified Immunity, Defense, and Indemnification: 5
1. The members, officers, executive director, employees and representatives of 6
the compact commission shall be immune from suit and liability, both personally and 7
in their o fficial capacity, for any claim for damage to or loss of property or personal 8
injury or other civil liability caused by or arising out of any actual or alleged act, error, 9
or omission that occurred, or that the person against whom the claim is made had a 10
reasonable basis for believing occurred within the scope of compact commission 11
employment, duties or responsibilities; provided that nothing in this paragraph shall be 12
construed to protect any such person from suit or liability for any damage, loss, injury, 13
or liability caused by the intentional or willful or wanton misconduct of that person. 14
The procurement of insurance of any type by the compact commission shall not in any 15
way compromise or limit the immunity granted hereunder. 16
2. The compact commission sh all defend any member, officer, executive 17
director, employee, and representative of the compact commission in any civil action 18
seeking to impose liability arising out of any actual or alleged act, error, or omission 19
that occurred within the scope of compac t commission employment, duties, or 20
responsibilities, or as determined by the compact commission that the person against 21
whom the claim is made had a reasonable basis for believing occurred within the scope 22
of compact commission employment, duties, or resp onsibilities; provided that nothing 23
herein shall be construed to prohibit that person from retaining their own counsel at 24
their own expense; and provided further, that the actual or alleged act, error, or 25
omission did not result from that person’s intentional or willful or wanton misconduct. 26
3. The compact commission shall indemnify and hold harmless any member, 27
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officer, executive director, employee, and representative of the compact commission for 1
the amount of any settlement or judgment obtained against t hat person arising out of 2
any actual or alleged act, error, or omission that occurred within the scope of compact 3
commission employment, duties, or responsibilities, or that such person had a 4
reasonable basis for believing occurred within the scope of comp act commission 5
employment, duties, or responsibilities, provided that the actual or alleged act, error, or 6
omission did not result from the intentional or willful or wanton misconduct of that 7
person. 8
4. Nothing herein shall be construed as a limitation on the liability of any 9
licensee for professional malpractice or misconduct, which shall be governed solely by 10
any other applicable state laws. 11
5. Nothing in this compact shall be interpreted to waive or otherwise abrogate 12
a member state’s state action immuni ty or state action affirmative defense with respect 13
to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal 14
antitrust or anticompetitive law or regulation. 15
6. Nothing in this compact shall be construed to be a waiver of sovereign 16
immunity by the member states or by the compact commission. 17
7. The liability of the executive director and employees of the interstate 18
commission or representatives of the interstate co mmission, acting within the scope of 19
such person's employment or duties for acts, errors, or omissions occurring within 20
such person's state, may not exceed the limits of liability set forth under the 21
constitution and laws of that state for state officials, employees, and agents. The 22
interstate commission is considered to be an instrumentality of the states for the 23
purposes of any such action. 24
SECTION 9. DATA SYSTEM 25
A. The commission shall provide for the development, maintenance, operation, 26
and utilization of a coordinated data system and reporting system containing licensure, 27
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compact privileges, adverse action, and the presence of current significant investigative 1
information on all licensees and applicants for a license in member states. 2
B. Notwithstanding any other provision of state law to the contrary, a member 3
state shall submit a uniform data set to the data system on all licensees, applicants, and 4
others to whom this compact is applicable as required by the rules of the compact 5
commission, including: 6
1. Personally identifying information; 7
2. Licensure data; 8
3. Adverse actions against a licensee, license applicant or compact privilege 9
and information related thereto; 10
4. Non-confidential information related to alternative program participation, 11
the beginning and ending dates of such participation, and other information related to 12
such participation; 13
5. Any denial of an application for licensure, and the reason(s) for such 14
denial, (excluding the reporting of any criminal history record information w here 15
prohibited by law); 16
6. A binary determination regarding the presence of current significant 17
investigative information; and 18
7. Other information that may facilitate the administration of this compact or 19
the protection of the public, as determined by the rules of the commission. 20
C. The records and information provided to a member state pursuant to this 21
compact or through the data system, when certified by the commission or an agent 22
thereof, shall constitute the authenticated business records of the co mmission, and 23
shall be entitled to any associated hearsay exception in any relevant judicial, quasi -24
judicial or administrative proceedings in a member state. 25
D. Current significant investigative information pertaining to a licensee in any 26
member state will only be available to other member states. 27
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E. It is the responsibility of the member states to monitor the data system to 1
determine whether adverse action has been taken against a licensee or license 2
applicant. Adverse action information pertaining to a l icensee or license applicant in 3
any member state will be available to any other member state. 4
F. Member states contributing information to the data system may designate 5
information that may not be shared with the public without the express permission of 6
the contributing state. 7
G. Any information submitted to the data system that is subsequently expunged 8
pursuant to federal law or the laws of the member state contributing the information 9
shall be removed from the data system. 10
SECTION 10. RULEMAKING 11
A. The compact commission shall promulgate reasonable rules in order to 12
effectively and efficiently implement and administer the purposes and provisions of the 13
compact. A rule shall be invalid and have no force or effect only if a court of competent 14
jurisdiction holds that the rule is invalid because the compact commission exercised its 15
rulemaking authority in a manner that is beyond the scope and purposes of the 16
compact, or the powers granted hereunder, or based upon another applicable standard 17
of review. 18
B. The rules of the compact commission shall have the force of law in each 19
member state, provided however that where the rules conflict with the laws or 20
regulations of a member state that relate to the scope of practice a licensed athletic 21
trainer is permitted t o undertake in that state and the circumstances under which they 22
may do so, as held by a court of competent jurisdiction, the rules of the compact 23
commission shall be ineffective in that state to the extent of the conflict. 24
C. The compact commission shall exercise its rulemaking powers pursuant to 25
the criteria set forth in this section and the rules adopted thereunder. Rules of this 26
compact shall become binding on the day following adoption or as of the date specified 27
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in the rule or amendment, whichever is later. 1
D. If a majority of the legislatures of the member states rejects a rule or 2
portion of a rule, by enactment of a statute or resolution in the same manner used to 3
adopt the compact within four (4) years of the date of adoption of the rule, then such 4
rule shall have no further force and effect in any member state. 5
E. Rules shall be adopted at a regular or special meeting of the compact 6
commission. 7
F. Prior to adoption of a proposed rule, the compact commission shall hold a 8
public hearing and allow pers ons to provide oral and written comments, data, facts, 9
opinions, and arguments. At least thirty (30) days in advance of the public hearing on 10
the proposed rule, the compact commission shall provide a notice of proposed 11
rulemaking: 12
1. On the website of the compact commission or other publicly accessible 13
platform; 14
2. To persons who have requested notice of the compact commission’s notices 15
of proposed rulemaking; and 16
3. In such other way(s) as the compact commission may by rule specify. 17
G. The notice of proposed rulemaking shall include: 18
1. The time, date, and location of the public hearing at which the compact 19
commission will hear public comments on the proposed rule and, if different, the time, 20
date, and location of the meeting where the compact commission w ill consider and vote 21
on the proposed rule; 22
2. If the hearing is held via telecommunication, video confe rence, or other 23
electronic means, the compact commission shall include the mechanism for access to 24
the hearing in the notice of proposed rulemaking; 25
3. The text of the proposed rule and the reason therefor; 26
4. A request for comments on the proposed rule fr om any interested person; 27
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and 1
5. The manner in which interested persons may submit written comments. 2
H. All hearings will be recorded. A copy of the recording and all written 3
comments and documents received by the compact commission in response to the 4
proposed rule shall be available to the public. 5
I. Nothing in this section shall be construed as requiring a separate hearing 6
on each rule. Rules may be grouped for the convenience of the compact commission at 7
hearings required by this section. 8
J. The compact commission shall, by majority vote of all members, take final 9
action on the proposed rule based on the rulemaking record and the full text of the 10
rule. 11
1. The compact commission may adopt changes to the proposed rule provided 12
the changes do not enlarge the original purpose of the proposed rule. 13
2. The compact commission shall provide an explanation of the reasons for 14
substantive changes made to the proposed rule as well as reasons for substantive 15
changes not made that were recommended by commenters. 16
3. The compact commission shall determine a reasonable effective date for the 17
rule. Except for an emergency as provided in this section, the effective date of the rule 18
shall be no sooner than 30 days after issuing the notice that it adopted or amended the 19
rule. 20
K. Upon determination that an emergency exists, the compact commission may 21
consider and adopt an emergency rule with 24 hours’ notice, with opportunity to 22
comment, provided that the usual rulemaking procedures provided in the compact and 23
in this section sha ll be retroactively applied to the rule as soon as reasonably possible, 24
in no event later than ninety (90) days after the effective date of the rule. For the 25
purposes of this provision, an emergency rule is one that must be adopted immediately 26
in order to: 27
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1. Meet an imminent threat to public health, safety, or welfare; 1
2. Prevent a loss of compact commission or member state funds; 2
3. Meet a deadline for the promulgation of a rule that is established by federal 3
law or rule; or 4
4. Protect public health and safety. 5
L. The compact commission or an authorized committee of the compact 6
commission may direct revisions to a previously adopted rule for purposes of correcting 7
typographical errors, errors in format, errors in consistency, or grammatical errors. 8
Public notice of any revisions shall be posted on the website of the compact 9
commission. The revision shall be subject to challenge by any person for a period of 10
thirty (30) days after posting. The revision may be challenged only on grounds that the 11
revision results in a material change to a rule. A challenge shall be made in writing 12
and delivered to the compact commission prior to the end of the notice period. If no 13
challenge is made, the revision will take effect without further action. If the revision is 14
challenged, the revision may not take effect without the approval of the compact 15
commission. 16
M. No member state’s rulemaking requirements shall apply under this 17
compact. 18
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND 19
ENFORCEMENT 20
A. Oversight: 21
1. The executive a nd judicial branches of state government in each member 22
state shall enforce this compact and take all actions necessary and appropriate to 23
implement the compact. 24
2. Except as otherwise provided in this compact, venue is proper and judicial 25
proceedings by o r against the compact commission shall be brought solely and 26
exclusively in a court of competent jurisdiction where the principal office of the 27
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compact commission is located. The compact commission may waive venue and 1
jurisdictional defenses to the extent it adopts or consents to participate in alternative 2
dispute resolution proceedings. Nothing herein shall affect or limit the selection or 3
propriety of venue in any action against a licensee for professional malpractice, 4
misconduct or any such similar matter. 5
3. The compact commission shall be entitled to receive service of process in 6
any proceeding regarding the enforcement or interpretation of the compact and shall 7
have standing to intervene in such a proceeding for all purposes. Failure to provide the 8
compact commission service of process shall render a judgment or order void as to the 9
compact commission, this compact, or promulgated rules. 10
B. Default, Technical Assistance, and Termination: 11
1. If the compact commission determines that a member state has de faulted in 12
the performance of its obligations or responsibilities under this compact or the 13
promulgated rules, the commission shall provide written notice to the defaulting state. 14
The notice of default shall describe the default, the proposed means of curi ng the 15
default, and any other action that the compact commission may take, and shall offer 16
training and specific technical assistance regarding the default. 17
2. The compact commission shall provide a copy of the notice of default to the 18
other member states. 19
C. If a state in default fails to cure the default, the defaulting state may be 20
terminated from the compact upon an affirmative vote of a majority of the 21
commissioners of the member states, and all rights, privileges and benefits conferred 22
on that state b y this compact may be terminated on the effective date of termination. A 23
cure of the default does not relieve the offending state of obligations or liabilities 24
incurred during the period of default. 25
D. Termination of membership in the compact shall be impo sed only after all 26
other means of securing compliance have been exhausted. Notice of intent to suspend 27
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or terminate shall be given by the compact commission to the governor, the majority 1
and minority leaders of the defaulting state’s legislature, the defau lting state’s 2
licensing authority and each of the member states’ licensing authority. 3
E. A state that has been terminated is responsible for all assessments, 4
obligations, and liabilities incurred through the effective date of termination, including 5
obligations that extend beyond the effective date of termination. 6
F. Upon the termination of a state’s membership from this compact, that state 7
shall immediately provide notice to all licensees within that state of such termination. 8
The terminated state shall con tinue to recognize all licenses and compact privileges 9
granted pursuant to this compact for a minimum of 180 days after the date of said 10
notice of termination. 11
G. The compact commission shall not bear any costs related to a state that is 12
found to be in default or that has been terminated from the compact, unless agreed 13
upon in writing between the compact commission and the defaulting state. 14
H. The defaulting state m ay appeal the action of the compact commission by 15
petitioning the U.S. District Court for the District of Columbia or the federal district 16
where the compact commission has its principal offices. The prevailing party shall be 17
awarded all costs of such litigation, including reasonable attorney’s fees. 18
I. Dispute Resolution: 19
1. Upon request by a member state, the compact commission shall attempt to 20
resolve disputes related to the compact that arise among member states and between 21
member and non-member states. 22
2. The compact commission shall promulgate a rule providing for both 23
mediation and binding dispute resolution for disputes as appropriate. 24
J. Enforcement: 25
1. By two-thirds majority (2/3) vote, the compact commission may initiate legal 26
action against a memb er state in default in the United States District Court for the 27
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District of Columbia or the federal district where the compact commission has its 1
principal offices to enforce compliance with the provisions of the compact and its 2
promulgated rules. The reli ef sought may include both injunctive relief and damages. 3
In the event judicial enforcement is necessary, the prevailing party shall be awarded all 4
costs of such litigation, including reasonable attorney’s fees. The remedies herein shall 5
not be the exclusi ve remedies of the compact commission. The compact commission 6
may pursue any other remedies available under federal or the defaulting member 7
state’s law. 8
2. A member state may initiate legal action against the compact commission in 9
the U.S. District Court for the District of Columbia or the federal district where the 10
compact commission has its principal offices to enforce compliance with the provisions 11
of the compact and its promulgated rules. The relief sought may include both 12
injunctive relief and damages . In the event judicial enforcement is necessary, the 13
prevailing party shall be awarded all costs of such litigation, including reasonable 14
attorney’s fees. 15
3. No person other than a member state shall enforce this compact against the 16
compact commission. 17
SECTION 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 18
A. The compact shall come into effect on the date on which the compact statute 19
is enacted into law in the seventh member state. 20
1. On or after the effective date of the compact, the compact commission s hall 21
convene and review the enactment of each of the first seven member states ("charter 22
member states") to determine if the statute enacted and made effective by each such 23
charter member state is materially different than the model compact statute. 24
a. A charter member state whose enactment is found to be materially different 25
from the model compact language shall be entitled to the default process set forth in 26
Section 11. 27
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b. If any member state is later found to be in default, or is terminated or 1
withdraws from the compact, the compact commission shall remain in existence and 2
the compact shall remain in effect even if the number of member states should be less 3
than seven. 4
2. Member states enacting the compact subsequent to the seven initial charter 5
member states shall be subject to the process set forth in this section to determine if 6
their enactments are materially different from the model compact statute and whether 7
they qualify for participation in the compact. 8
3. All actions taken for the benefit of the compact commission or in 9
furtherance of the purposes of the administration of the compact prior to the effective 10
date of the compact or the compact commission coming into existence shall be 11
considered to be actions of the compact commission unless specific ally repudiated by 12
the compact commission. 13
4. Any state that joins the compact subsequent to the compact commission’s 14
initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they 15
exist on the date on which the compact becomes law in that state. Any rule that has 16
been previously adopted by the compact commission shall have the full force and effect 17
of law on the day the compact becomes law in that state. 18
B. Any member state may withdraw from this compact by enacting a statute 19
repealing the same. 20
1. A member state’s withdrawal shall not take effect until 180 days after 21
enactment of the repealing statute. 22
2. Withdrawal shall not affect the continuing requirement of the withdrawing 23
state’s licensing authority to comply with the investigative and adverse action reporting 24
requirements of this compact prior to the effective date of withdrawal. 25
3. Upon the enactment of a statute withdrawing from this compact, a state 26
shall immediately provide notice of such withdrawal to all licensees an d privilege 27
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holders within that state. Notwithstanding any subsequent statutory enactment to the 1
contrary, such withdrawing state shall continue to recognize all compact privileges 2
granted pursuant to this compact for a minimum of 180 days after the date o f such 3
notice of withdrawal. 4
4. Nothing contained in this compact shall be construed to invalidate or 5
prevent any licensure agreement or other cooperative arrangement between a member 6
state and a non-member state that does not conflict with the provisions of this compact. 7
5. This compact may be amended by the member states. No amendment to this 8
compact shall become effective and binding upon any member state until it is enacted 9
into the laws of all member states. 10
SECTION 13. CONSTRUCTION AND SEVERABILITY 11
A. This compact and the compact commission’s rulemaking authority shall be 12
liberally construed so as to effectuate the purposes, and the implementation and 13
administration of the compact. Provisions of the compact expressly authorizing or 14
requiring the prom ulgation of rules shall not be construed to limit the compact 15
commission’s rulemaking authority solely for those purposes. 16
B. The provisions of this compact shall be severable and if any phrase, clause, 17
sentence or provision of this compact is held by a co urt of competent jurisdiction to be 18
contrary to the constitution of any member state, a state seeking participation in the 19
compact, or of the United States, or the applicability thereof to any government, 20
agency, person or circumstance is held to be uncons titutional by a court of competent 21
jurisdiction, the validity of the remainder of this compact and the applicability thereof 22
to any other government, agency, person or circumstance shall not be affected thereby. 23
C. Notwithstanding the foregoing, the compac t commission may deny a state’s 24
participation in the compact or terminate a member state’s participation in the compact 25
if it determines that a constitutional requirement of a member state is a material 26
departure from the compact. Otherwise, if this compac t shall be held to be contrary to 27
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the constitution of any member state, the compact shall remain in full force and effect 1
as to the remaining member states and in full force and effect as to the member state 2
affected as to all severable matters. 3
SECTION 14 . CONSISTENT EFFECT AND CONFLICT WITH OTHER 4
STATE LAWS 5
A. Nothing herein shall prevent or inhibit the enforcement of any other law of 6
a member state that is not inconsistent with the compact. 7
B. Any laws, statutes, regulations, or other legal requirements in a member 8
state in conflict with the compact are superseded to the extent of the conflict. 9
C. All permissible agreements between the compact commission and the 10
member states are binding in accordance with their terms. 11