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A bill for an act
relating to health occupations; establishing an interstate licensure compact for
athletic trainers; proposing coding for new law in Minnesota Statutes, chapter 148.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[148.785] DEFINITIONS.
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(a) As used in this compact, unless the context requires otherwise, the following
definitions shall apply.
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(b) "Active military member" means any individual with full-time duty status in the
active armed forces of the United States, including members of the National Guard and
Reserve.
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(c) "Adverse action" means any administrative, civil, equitable or criminal action
permitted by a state's laws that is imposed by a licensing authority or other authority against
a licensee, including actions against an individual's license or compact privilege such as
revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's
practice, or any other encumbrance on licensure affecting a licensee's authorization to
practice.
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(d) "Alternative program" means a nondisciplinary monitoring or practice remediation
process applicable to an athletic trainer approved by a state licensing authority of a member
state in which the athletic trainer is licensed. This includes but is not limited to programs
to which licensees with substance use, addiction, or mental health conditions are referred
in lieu of adverse action.
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(e) "Athletic training" means the prevention, examination, assessment, treatment, and
rehabilitation of emergent, acute, or chronic injuries and medical conditions as defined by
applicable member state laws and regulations.
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(f) "Athletic Trainer Compact Commission" or "compact commission" means the
government agency whose membership consists of all states that have enacted this compact,
as described herein and which shall operate as an instrumentality of the member states to
administer and implement the compact according to its terms.
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(g) "BOC" means the Board of Certification, Incorporated or any successor organization
thereto.
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(h) "CAATE" means the Commission on Accreditation of Athletic Training Education
or any successor organization thereto.
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(i) "Charter member state" means any member state that enacted and made effective this
compact by law before the compact effective date specified herein.
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(j) "Commissioner" means the individual appointed by a member state to serve as the
member of the commission for that member state.
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(k) "Compact privilege" means the legal authorization granted by a remote state,
equivalent to a license, allowing a licensee from another member state to provide athletic
training services in a remote state.
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(l) "Compact qualifying license" means a license that is not an encumbered license issued
by a member state to practice athletic training that qualifies the licensee to exercise a compact
privilege pursuant to section 148.7852.
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(m) "Continuing competence" means a requirement, as a condition of license renewal,
to provide evidence of successful participation, and completion of, educational and
professional activities relevant to practice or area of work. For purposes of this compact,
evidence of active BOC certification may satisfy the meaning of continuing competence as
set forth herein.
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(n) "Current significant investigative information" means the existence of:
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(1) investigative information that a licensing authority, after a preliminary inquiry that
includes notification and an opportunity for the subject licensee to respond, if required by
state law, has reason to believe is not groundless and, if proven true, would indicate more
than a minor infraction; or
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(2) investigative information that indicates that the subject licensee represents an
immediate threat to public health and safety regardless of whether the subject licensee has
been notified and had an opportunity to respond.
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(o) "Criminal background check" means the submission of fingerprints or other
biometric-based information for a license applicant for the purpose of obtaining that
applicant's criminal history record information, as defined in Code of Federal Regulations,
title 28, section 20.3(d), from the Federal Bureau of Investigation and the state's criminal
history record repository as defined in Code of Federal Regulations, title 28, section 20.3(f).
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(p) "Data system" means the commission's repository of information about licensees,
including but not limited to examination, licensure, investigative, compact privilege, adverse
action, and alternative program.
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(q) "Encumbrance" or "encumbered" means a revocation or suspension of, or any
limitation or condition on, the full and unrestricted practice of athletic training.
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(r) "Executive committee" means a group of commissioners elected or appointed to act
on behalf of, and within the powers granted to them by, the compact and commission.
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(s) "Investigative information" means information, records, and documents received or
generated by a licensing authority pursuant to an investigation.
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(t) "Jurisprudence requirement" means the assessment of an individual's knowledge of
the laws and rules governing the practice of athletic training, as applicable, in a state.
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(u) "License" means current authorization by a member state to engage in the practice
of athletic training.
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(v) "Licensee" or "licensed athletic trainer" means an individual who currently holds an
active, unrestricted license and who meets all of the requirements outlined in section
148.7852.
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(w) "Licensing authority" means the board or agency of a state, or equivalent, that is
responsible for the licensing and regulation of athletic trainers.
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(x) "Model compact language" means the model language for the Athletic Trainer
Compact on file with the Council of State Governments or other entity as designated by the
commission to which all member states must substantively adhere and adopt.
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(y) "Member state" means a state that has enacted the compact.
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(z) "Remote state" means a member state other than the state of qualifying licensure.
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(aa) "Rule" means a regulation promulgated by an authorized entity that has the force
of law.
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(bb) "Scope of practice" means the procedures, actions, and processes an athletic trainer
licensed in a state is permitted to undertake in that state and the circumstances under which
the licensee is permitted to undertake those procedures, actions, and processes. Such
procedures, actions, and processes and the circumstances under which they may be
undertaken may be established through means including but not limited to statute, regulations,
case law, and other processes available to the state licensing authority or other government
agency. Scope of practice shall include any state requirements regarding supervision or
direction, if required by such state and as further defined by such state's statutes and
regulations.
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(cc) "Single state license" means a license issued by any state that authorizes practice
only within the issuing state.
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(dd) "State" means any state, commonwealth, district, or territory of the United States
of America.
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(ee) "State of qualifying licensure" means the member state that has issued a compact
qualifying license to a licensee pursuant to this compact.
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(ff) "Unencumbered license" means a license that authorizes a licensee to engage in the
full and unrestricted practice of athletic training.
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Sec. 2.
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[148.7851] STATE PARTICIPATION IN THE COMPACT.
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(a) To be eligible to join this compact and to maintain eligibility as a member state, a
state must:
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(1) enact and maintain a statute that is not materially different from the model compact
language;
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(2) license and regulate the practice of athletic training;
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(3) require that licensees in that state maintain continuing competence standards as part
of their state practice act or rules;
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(4) have a mechanism in place for receiving and investigating complaints about licensees;
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(5) grant the compact privilege to a licensee who meets all the requirements outlined in
section 148.7852 in accordance with the terms of the compact and any rules promulgated
thereunder;
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(6) participate fully in the compact commission's data system, including using the unique
identifier as defined in rules;
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(7) notify the compact commission, in compliance with the terms of the compact and
rules, of any adverse action or the availability of current significant investigative information
regarding a licensee;
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(8) within a time frame established by rule, implement or utilize procedures for
considering the criminal history records of applicants for a compact qualifying license which
includes receiving the results of the Federal Bureau of Investigation record search and shall
use those results in making licensure decisions. These procedures shall include the submission
of fingerprints or other biometric-based information by applicants for the purpose of obtaining
an applicant's criminal history record information from the Federal Bureau of Investigation
and the agency responsible for retaining that state's criminal records and:
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(i) a member state must fully implement a criminal background check requirement in
order to participate in the issuance and acceptance of compact privileges; and
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(ii) communication between a member state and the compact commission or among
member states regarding the verification of eligibility for licensure through the compact
shall not include any information received from the Federal Bureau of Investigation relating
to a federal criminal records check performed by a member state; and
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(9) comply with and enforce the rules of the compact commission.
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(b) Member states may set and collect a fee for issuance and renewal of a compact
privilege to applicants.
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(c) Individuals without a compact qualifying license shall continue to be able to apply
for a member state's single state license as provided under the laws of each member state.
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(d) Nothing in this compact shall affect the requirements established by a member state
for the issuance of a single state license.
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(e) A compact qualifying license shall be recognized by each remote state as authorizing
that licensee to engage in the practice of athletic training, under a compact privilege, in
another member state in accordance with the requirements in section 148.7852.
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Sec. 3.
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[148.7852] COMPACT PRIVILEGE.
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(a) To be eligible for a compact privilege under the terms and provisions of the compact,
the licensee shall complete a criminal background check performed by the licensing authority
in the state of qualifying licensure prior to entry in the compact and shall:
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(1) satisfy one of the following two pathways:
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(i) hold a valid current active certification through the BOC, or its successor organization;
or
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(ii) if a licensee does not meet the requirements of item (i), the following must be
completed:
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(A) an education program which is either:
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1. at least a bachelor's degree with a major course of study in athletic training, or an
equivalent course of study from a college or university accredited at the time of graduation
by CAATE, or its successor organization;
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2. an academic degree from a college or university in a foreign country equivalent to
the degree described in 1 of this subitem with a major course of study as described in 1 of
this subitem that is accredited by CAATE, or its successor organization; or
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3. the substantial equivalent of the foregoing which the commission may determine by
rule; and
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(B) successful completion of the exam administered by the BOC, or its successor
organization, preceding the date of the licensee's application for licensure in their state of
qualifying licensure or the substantial equivalent of the foregoing requirement which the
commission may determine by rule;
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(2) hold a compact qualifying license;
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(3) have not had any encumbrance against any license or compact privilege to practice
athletic training within the previous two years;
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(4) be eligible for a compact privilege in any member state in accordance with this
section;
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(5) notify the compact commission that the licensee is seeking the compact privilege
within a remote state or states;
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(6) pay any applicable fees, including any state fee, for the compact privilege;
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(7) meet only the continuing competence requirements established by the state of
qualifying licensure;
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(8) comply with any requirements of the state of qualifying licensure as set forth in
section 148.7851;
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(9) meet any jurisprudence requirements established by the remote state or states in
which the licensee is seeking a compact privilege; and
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(10) report to the compact commission any adverse action, encumbrance, or restriction
on a license taken by any nonmember state within 30 days from the date the action is taken.
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(b) The compact privilege is valid until the expiration date of the compact qualifying
license. To maintain a compact privilege, renewal of the compact privilege shall be congruent
with the renewal of the compact qualifying license as the compact commission may define
by rule. The licensee must comply with the requirements of this section to maintain the
compact privilege in the remote state. A licensee may apply for and hold compact privileges
in multiple member states.
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(c) A licensed athletic trainer must follow the scope of practice of the member state
where the patient is located. A licensee engaging in the practice of athletic training in a
remote state under the compact privilege shall adhere to the scope of practice laws and
regulations of the remote state. Licensees shall be responsible for educating themselves on,
and complying with, any and all scope of practice laws and regulations and state laws relating
to the remote practice of athletic training, as applicable.
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(d) A licensee engaging in the practice of athletic training in a remote state is subject to
that state's regulatory authority. A remote state may, in accordance with due process and
that state's laws, remove a licensee's compact privilege in the remote state for a specific
period of time, impose fines, or take any other necessary actions to protect the health and
safety of its citizens. Any member state that undertakes such an action shall promptly notify
the member state and the commission as specified in the rules. The licensee may be deemed
to be ineligible to exercise the compact privilege by any member state until the specific
time for removal has passed and all fines are paid.
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(e) All member state disciplinary orders that impose adverse action against a compact
qualifying license shall result in deactivation of the licensee's compact privilege in all
member states during the pendency of the order. If a compact qualifying license is
encumbered, the licensee shall lose the compact privilege in any remote state until the
following occur:
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(1) the compact qualifying license is no longer encumbered; and
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(2) the licensee has not had any encumbrance or restriction against any license, compact
qualifying license, or compact privilege within the previous two years.
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(f) Once an encumbered license is restored to good standing as a compact qualifying
license, as certified by the licensing authority, the licensee must meet the requirements of
this section to obtain a compact privilege in any remote state.
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(g) If a licensee's compact privilege in any remote state is removed, that licensee may
also lose the compact privilege in other remote states, as each member state shall determine
in its sole authority, until the following occur:
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(1) the specific period of time for which the compact privilege was removed has ended;
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(2) all fines have been paid; and
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(3) the licensee has not had any encumbrance or restriction against any license or compact
privilege within the previous two years.
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(h) Once the requirements of paragraph (g) have been met, the licensee must meet the
requirements in paragraph (a) to obtain a compact privilege in a remote state.
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Sec. 4.
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[148.7853] COMPACT QUALIFYING LICENSE.
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(a) A licensee may only designate one license as their compact qualifying license at a
time. The procedures for such designation may be further defined by compact commission
rule.
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(b) Nothing in this section shall require that the state of qualifying licensure be the state
of primary residence or state of primary practice for the licensee.
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(c) Nothing in this compact shall interfere with a licensee's ability to hold a single state
license in multiple states.
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(d) Nothing in this compact shall affect the requirements established by a member state
for the issuance of a single state license.
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Sec. 5.
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[148.7854] ACTIVE MILITARY MEMBER OR THEIR SPOUSES.
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An active military member or their spouse shall not be required to pay a fee to the
commission for a compact privilege. If a member state chooses to charge a member state
fee, it may choose to charge a reduced fee or no fee to an active military member or their
spouse for a compact privilege.
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[148.7855] ADVERSE ACTIONS.
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(a) A member state in which a licensee is issued a compact qualifying license shall have
the exclusive authority to impose adverse action against the compact qualifying license
issued by that member state.
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(b) A member state may take adverse action based on current significant investigative
information of a remote state, so long as the member state follows its own procedures for
imposing adverse action.
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(c) Nothing in this compact shall override a member state's decision that participation
in an alternative program may be used in lieu of adverse action and that such participation
shall remain nonpublic if required by the member state's laws or rules.
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(d) A remote state shall have the authority to:
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(1) take adverse actions as set forth herein against a licensee's compact privilege in that
state; and
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(2) issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses as well as the production of evidence:
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(i) subpoenas may be issued by a member state athletic training licensing authority for
the attendance and testimony of witnesses and the production of evidence;
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(ii) a member state that issues a subpoena may request service of that subpoena by
another member state. The member state receiving the request to serve a subpoena shall
serve the subpoena if it is deemed enforceable by a court of competent jurisdiction according
to the practice and procedure in the receiving member state; and
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(iii) the issuing authority shall pay any witness fees, travel expenses, mileage, and other
fees required by the service statutes of the state where the witnesses or evidence are located.
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(e) For purposes of taking adverse action, a member state shall give the same priority
and effect to reported conduct received from another member state as it would if the conduct
had occurred within that state. In so doing, the investigating member state shall apply its
own state laws to determine appropriate action.
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(f) A member state, if otherwise permitted by state law, may recover from the affected
licensee the costs of investigations and dispositions of cases resulting from any adverse
action taken against that licensee.
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(g) Joint investigations:
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(1) in addition to the authority granted to a member state by its respective state law, any
member state may participate with other member states in joint investigations of licensees;
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(2) member states shall share any current significant investigative information, litigation,
or compliance materials in furtherance of any joint or individual investigation initiated under
the compact. In sharing such information between member state athletic trainer licensing
authorities, all information obtained shall be kept confidential, except as otherwise mutually
agreed upon by the sharing and receiving member state or states; and
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(3) a remote state may issue subpoenas on behalf of a member state for both hearings
and investigations that require the attendance and testimony of witnesses as well as the
production of evidence.
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(h) If a member state takes adverse action, it shall promptly notify the administrator of
the data system. The administrator of the data system shall promptly notify all member
states of any adverse actions by remote states.
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(i) Nothing in this compact may permit a member state to take any adverse action against
a licensee or holder of a compact privilege for conduct or practice occurring in another
member state that was legal in the member state at the time it was undertaken.
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[148.7856] ESTABLISHMENT AND OPERATION OF THE COMMISSION.
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(a) The compact member states hereby create and establish a joint government agency
whose membership consists of all member states that have enacted the compact known as
the Athletic Trainer Compact Commission. The compact commission is an instrumentality
of the member states acting jointly and not an instrumentality of any one state. The compact
commission shall come into existence on or after the effective date of the compact as set
forth in section 148.786.
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(b) Membership, voting, and meetings:
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(1) each member state shall have and be limited to one commissioner selected by that
member state's licensing authority within 60 days of the member state's effective date;
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(2) the commissioner shall be an administrator or their designated staff or current board
member of the licensing authority;
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(3) the compact commission may recommend removal or suspension of any commissioner
from office;
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(4) a member state's licensing authority shall fill any vacancy of its commissioner
occurring on the compact commission within 60 days of the vacancy;
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(5) each commissioner shall be entitled to one vote on all matters before the compact
commission requiring a vote by the commissioners; and
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(6) the compact commission shall meet at least once during each calendar year. Additional
meetings may be held as set forth in the commission bylaws. A commissioner shall vote in
person or by such other means as provided in the bylaws. The bylaws may provide for
commissioners to meet by telecommunication, videoconference, or other means of
communication.
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(c) The compact commission shall have the following powers:
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(1) promulgate, adopt, and amend rules and bylaws;
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(2) establish code of conduct, confidentiality, and conflict of interest policies for
commissioners;
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(3) establish the fiscal year of the compact commission;
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(4) maintain its financial records in accordance with the bylaws;
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(5) purchase and maintain insurance and insurance bonds;
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(6) accept or contract for services of personnel, including but not limited to employees
of a member state;
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(7) conduct a financial review or audit;
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(8) hire employees, elect or appoint officers, fix compensation, define duties, grant such
individuals appropriate authority to carry out the purposes of the compact, and establish the
compact commission's personnel policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel matters;
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(9) enter into contracts or arrangements for the management of the affairs of the
commission;
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(10) assess and collect fees;
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(11) accept any and all appropriate gifts, donations, grants of money, other sources of
revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of
the same, provided that at all times the compact commission shall avoid any appearance of
impropriety or conflict of interest;
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(12) lease, purchase, retain, own, hold, improve, invest, or use any real, personal, or
mixed property or any undivided interest therein;
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(13) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any real, personal, or mixed property;
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(14) establish a budget and make expenditures;
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(15) borrow and invest money;
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(16) meet and take such actions as are consistent with the provisions of this compact,
the compact commission's rules, and the bylaws;
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(17) initiate and conclude legal proceedings or actions in the name of the compact
commission, provided that the standing of any licensing authority to sue or be sued under
applicable law shall not be affected;
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(18) maintain and certify records and information provided to a member state as the
authenticated business records of the compact commission and designate an agent to do so
on the compact commission's behalf;
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(19) provide and receive information from, and cooperate with, law enforcement agencies;
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(20) determine whether a state's adopted language is materially different from the model
compact language such that the state would not qualify for participation in the compact;
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(21) establish and elect an executive committee, including a chair and a vice chair,
secretary, treasurer, and such other offices as the commission shall establish by rule or
bylaw;
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(22) appoint committees, including standing committees, composed of member state
commissioners, state regulators, state legislators or their representatives, and consumer
representatives, and such other interested persons as may be designated in this compact and
the bylaws; and
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(23) perform such other functions as may be necessary or appropriate to achieve the
purposes of this compact.
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(d) The executive committee:
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(1) the executive committee shall have the power to act on behalf of the compact
commission according to the terms of this compact. The powers, duties, and responsibilities
of the executive committee shall include:
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(i) exercise the powers and duties of the compact commission during the interim between
compact commission meetings, except for adopting or amending rules, adopting or amending
bylaws, and exercising any other powers and duties expressly reserved to the compact
commission by rule or bylaw;
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(ii) oversee the day-to-day activities of the administration of the compact, including
enforcement and compliance with the provisions of the compact, its rules and bylaws, and
other such duties as deemed necessary;
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(iii) recommend to the compact commission changes to the rules or bylaws, changes to
this compact legislation, fees charged to compact member states, fees charged to licensees,
and other fees;
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(iv) ensure compact administration services are appropriately provided, including by
contract;
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(v) prepare and recommend the budget;
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(vi) maintain financial records on behalf of the compact commission;
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(vii) monitor compact compliance of member states and provide compliance reports to
the compact commission;
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(viii) establish additional committees as necessary; and
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(ix) other duties as provided in the rules or bylaws of the compact commission;
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(2) the executive committee shall be composed of five voting members, elected by the
compact commission:
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(i) the chair and vice chair of the compact commission shall be voting members of the
executive committee;
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(ii) the compact commission shall elect up to three additional voting members from the
current membership of the compact commission to include the offices of treasurer, secretary,
and one member-at-large; and
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(iii) up to four ex-officio, nonvoting members from recognized national athletic trainer
organizations;
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(3) the compact commission may remove any member of the executive committee as
provided in the compact commission's bylaws; and
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(4) the executive committee shall meet at least annually:
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(i) executive committee meetings shall be open to the public, except that the executive
committee may meet in a closed, nonpublic meeting as provided in this section;
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(ii) the executive committee shall give advance notice of its meetings, posted on its
website and as determined by rule or bylaw to provide notice to persons with an interest in
the business of the compact commission; and
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(iii) the executive committee may hold a special meeting in accordance with this section.
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(e) The compact commission shall adopt and provide to the member states an annual
report.
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(f) Meetings of the compact commission:
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(1) all meetings shall be open to the public, except that the compact commission may
meet in a closed, nonpublic meeting as provided in this section;
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(2) public notice for all meetings of the full compact commission shall be given in the
same manner as required under the rulemaking provisions in this compact, except that the
compact commission may hold a special meeting as provided in this section;
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(3) the compact commission may hold a special meeting when it must meet to conduct
emergency business by giving 24 hours' notice to all commissioners on the compact
commission's website and other means as provided in the compact commission's rules. The
compact commission's legal counsel shall certify that the compact commission's need to
meet qualifies as an emergency;
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(4) the compact commission or the executive committee or other committees of the
compact commission may convene in a closed, nonpublic meeting for the compact
commission or executive committee or other committees of the compact commission to
receive legal advice or to discuss:
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(i) noncompliance of a member state with its obligations under the compact;
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(ii) the employment, compensation, discipline, or other matters, practices, or procedures
related to specific employees;
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(iii) current or threatened discipline of a licensee by a member state's licensing authority;
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(iv) current, threatened, or reasonably anticipated litigation;
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(v) negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
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(vi) accusing any person of a crime or formally censuring any person;
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(vii) trade secrets or commercial or financial information that is privileged or confidential;
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(viii) information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
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(ix) investigative records compiled for law enforcement purposes;
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(x) information related to any investigative reports prepared by or on behalf of or for
use of the compact commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant to the compact;
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(xi) matters specifically exempted from disclosure by federal or member state law; or
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(xii) other matters as specified in rules of the compact commission; and
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(5) if a meeting, or portion of a meeting, is closed, the compact commission's legal
counsel or designee shall certify that the meeting will be closed and reference each relevant
exempting provision, and such reference shall be recorded in the minutes. All minutes and
documents of a closed meeting shall remain under seal, subject to release only by a majority
vote of the compact commission or order of a court of competent jurisdiction.
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(g) Financing of the compact commission:
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(1) the compact commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities;
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(2) the compact commission may accept any and all appropriate revenue sources as
provided in this section;
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(3) the compact commission may levy on and collect an annual assessment from each
member state and impose fees on licensees of member states to whom it grants a compact
privilege to cover the cost of the operations and activities of the compact commission and
its staff, which must be in a total amount sufficient to cover its annual budget as approved
each year for which revenue is not provided by other sources. The aggregate annual
assessment amount for member states shall be allocated based upon a formula that the
compact commission shall promulgate by rule;
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(4) the compact commission shall not incur obligations of any kind prior to securing the
funds or a loan adequate to meet the same; nor shall the compact commission pledge the
credit of any of the member states, except by and with the authority of the member state;
and
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(5) the compact commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the compact commission shall be subject
to the financial review or audit and accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled by the compact commission shall
be subject to an annual financial review or audit by a certified or licensed public accountant,
and the report of the financial review or audit shall be included in and become part of the
annual report of the compact commission.
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(h) Qualified immunity, defense, and indemnification:
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(1) the members, officers, executive director, employees, and representatives of the
compact commission shall be immune from suit and liability, both personally and in their
official capacity, for any claim for damage to or loss of property or personal injury or other
civil liability caused by or arising out of any actual or alleged act, error, or omission that
occurred, or that the person against whom the claim is made had a reasonable basis for
believing occurred within the scope of compact commission employment, duties, or
responsibilities, provided that nothing in this paragraph shall be construed to protect any
such person from suit or liability for any damage, loss, injury, or liability caused by the
intentional or willful or wanton misconduct of that person. The procurement of insurance
of any type by the compact commission shall not in any way compromise or limit the
immunity granted hereunder;
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(2) the compact commission shall defend any member, officer, executive director,
employee, and representative of the compact commission in any civil action seeking to
impose liability arising out of any actual or alleged act, error, or omission that occurred
within the scope of compact commission employment, duties, or responsibilities, or as
determined by the compact commission that the person against whom the claim is made
had a reasonable basis for believing occurred within the scope of compact commission
employment, duties, or responsibilities, provided that nothing herein shall be construed to
prohibit that person from retaining their own counsel at their own expense, and provided
further that the actual or alleged act, error, or omission did not result from that person's
intentional or willful or wanton misconduct;
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(3) the compact commission shall indemnify and hold harmless any member, officer,
executive director, employee, and representative of the compact commission for the amount
of any settlement or judgment obtained against that person arising out of any actual or
alleged act, error, or omission that occurred within the scope of compact commission
employment, duties, or responsibilities, or that such person had a reasonable basis for
believing occurred within the scope of compact commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission did not result from
the intentional or willful or wanton misconduct of that person;
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(4) nothing herein shall be construed as a limitation on the liability of any licensee for
professional malpractice or misconduct, which shall be governed solely by any other
applicable state laws;
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(5) nothing in this compact shall be interpreted to waive or otherwise abrogate a member
state's state action immunity or state action affirmative defense with respect to antitrust
claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or
anticompetitive law or regulation; and
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(6) nothing in this compact shall be construed to be a waiver of sovereign immunity by
the member states or by the compact commission.
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Sec. 8.
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[148.7857] DATA SYSTEM.
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(a) The commission shall provide for the development, maintenance, operation, and
utilization of a coordinated data system and reporting system containing licensure, compact
privileges, adverse action, and the presence of current significant investigative information
on all licensees and applicants for a license in member states.
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(b) Notwithstanding any other provision of state law to the contrary, a member state
shall submit a uniform data set to the data system on all licensees, applicants, and others to
whom this compact is applicable as required by the rules of the compact commission,
including:
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(1) personally identifying information;
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(2) licensure data;
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(3) adverse actions against a licensee, license applicant, or compact privilege and
information related thereto;
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(4) nonconfidential information related to alternative program participation, the beginning
and ending dates of such participation, and other information related to such participation;
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(5) any denial of an application for licensure and the reasons for such denial, excluding
the reporting of any criminal history record information where prohibited by law;
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(6) a binary determination regarding the presence of current significant investigative
information; and
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(7) other information that may facilitate the administration of this compact or the
protection of the public, as determined by the rules of the commission.
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(c) The records and information provided to a member state pursuant to this compact or
through the data system, when certified by the commission or an agent thereof, shall
constitute the authenticated business records of the commission and shall be entitled to any
associated hearsay exception in any relevant judicial, quasi-judicial, or administrative
proceedings in a member state.
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(d) Current significant investigative information pertaining to a licensee in any member
state will only be available to other member states.
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(e) It is the responsibility of the member states to monitor the data system to determine
whether adverse action has been taken against a licensee or license applicant. Adverse action
information pertaining to a licensee or license applicant in any member state will be available
to any other member state.
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(f) Member states contributing information to the data system may designate information
that may not be shared with the public without the express permission of the contributing
state.
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(g) Any information submitted to the data system that is subsequently expunged pursuant
to federal law or the laws of the member state contributing the information shall be removed
from the data system.
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Sec. 9.
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[148.7858] RULEMAKING.
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(a) The compact commission shall promulgate reasonable rules in order to effectively
and efficiently implement and administer the purposes and provisions of the compact. A
rule shall be invalid and have no force or effect only if a court of competent jurisdiction
holds that the rule is invalid because the compact commission exercised its rulemaking
authority in a manner that is beyond the scope and purposes of the compact, or the powers
granted hereunder, or based upon another applicable standard of review.
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(b) The rules of the compact commission shall have the force of law in each member
state, provided however that where the rules conflict with the laws or regulations of a member
state that relate to the scope of practice a licensed athletic trainer is permitted to undertake
in that state and the circumstances under which they may do so, as held by a court of
competent jurisdiction, the rules of the compact commission shall be ineffective in that state
to the extent of the conflict.
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(c) The compact commission shall exercise its rulemaking powers pursuant to the criteria
set forth in this section and the rules adopted thereunder. Rules of this compact shall become
binding on the day following adoption or as of the date specified in the rule or amendment,
whichever is later.
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(d) If a majority of the legislatures of the member states rejects a rule or portion of a
rule by enactment of a statute or resolution in the same manner used to adopt the compact
within four years of the date of adoption of the rule, then such rule shall have no further
force and effect in any member state.
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(e) Rules shall be adopted at a regular or special meeting of the compact commission.
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(f) Prior to adoption of a proposed rule, the compact commission shall hold a public
hearing and allow persons to provide oral and written comments, data, facts, opinions, and
arguments. At least 30 days in advance of the public hearing on the proposed rule, the
compact commission shall provide a notice of proposed rulemaking:
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(1) on the website of the compact commission or other publicly accessible platform;
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(2) to persons who have requested notice of the compact commission's notices of proposed
rulemaking; and
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(3) in such other ways as the compact commission may by rule specify.
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(g) The notice of proposed rulemaking shall include:
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(1) the time, date, and location of the public hearing at which the compact commission
will hear public comments on the proposed rule and, if different, the time, date, and location
of the meeting where the compact commission will consider and vote on the proposed rule;
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(2) if the hearing is held via telecommunication, videoconference, or other electronic
means, the mechanism for access to the hearing;
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(3) the text of the proposed rule and the reason therefore;
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(4) a request for comments on the proposed rule from any interested person; and
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(5) the manner in which interested persons may submit written comments.
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(h) All hearings will be recorded. A copy of the recording and all written comments and
documents received by the compact commission in response to the proposed rule shall be
available to the public.
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(i) Nothing in this section shall be construed as requiring a separate hearing on each
rule. Rules may be grouped for the convenience of the compact commission at hearings
required by this section.
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(j) The compact commission shall, by majority vote of all members, take final action
on the proposed rule based on the rulemaking record and the full text of the rule:
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(1) the compact commission may adopt changes to the proposed rule provided the changes
do not enlarge the original purpose of the proposed rule;
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(2) the compact commission shall provide an explanation of the reasons for substantive
changes made to the proposed rule as well as reasons for substantive changes not made that
were recommended by commenters; and
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(3) the compact commission shall determine a reasonable effective date for the rule.
Except for an emergency as provided in this section, the effective date of the rule shall be
no sooner than 30 days after issuing the notice that it adopted or amended the rule.
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(k) Upon determination that an emergency exists, the compact commission may consider
and adopt an emergency rule with 24 hours' notice, with opportunity to comment, provided
that the usual rulemaking procedures provided in the compact and in this section shall be
retroactively applied to the rule as soon as reasonably possible, in no event later than 90
days after the effective date of the rule. For the purposes of this provision, an emergency
rule is one that must be adopted immediately in order to:
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(1) meet an imminent threat to public health, safety, or welfare;
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(2) prevent a loss of compact commission or member state funds;
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(3) meet a deadline for the promulgation of a rule that is established by federal law or
rule; or
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(4) protect public health and safety.
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(l) The compact commission or an authorized committee of the compact commission
may direct revisions to a previously adopted rule for purposes of correcting typographical
errors, errors in format, errors in consistency, or grammatical errors. Public notice of any
revisions shall be posted on the website of the compact commission. The revision shall be
subject to challenge by any person for a period of 30 days after posting. The revision may
be challenged only on grounds that the revision results in a material change to a rule. A
challenge shall be made in writing and delivered to the compact commission prior to the
end of the notice period. If no challenge is made, the revision will take effect without further
action. If the revision is challenged, the revision may not take effect without the approval
of the compact commission.
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(m) No member state's rulemaking requirements shall apply under this compact.
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Sec. 10.
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[148.7859] OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT.
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(a) Oversight:
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(1) the executive and judicial branches of state government in each member state shall
enforce this compact and take all actions necessary and appropriate to implement the
compact;
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(2) except as otherwise provided in this compact, venue is proper and judicial proceedings
by or against the compact commission shall be brought solely and exclusively in a court of
competent jurisdiction where the principal office of the compact commission is located.
The compact commission may waive venue and jurisdictional defenses to the extent it adopts
or consents to participate in alternative dispute resolution proceedings. Nothing herein shall
affect or limit the selection or propriety of venue in any action against a licensee for
professional malpractice, misconduct, or any such similar matter; and
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(3) the compact commission shall be entitled to receive service of process in any
proceeding regarding the enforcement or interpretation of the compact and shall have
standing to intervene in such a proceeding for all purposes. Failure to provide the compact
commission service of process shall render a judgment or order void as to the compact
commission, this compact, or promulgated rules.
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(b) Default, technical assistance, and termination:
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(1) if the compact commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under this compact or the promulgated
rules, the commission shall provide written notice to the defaulting state. The notice of
default shall describe the default, the proposed means of curing the default, and any other
action that the compact commission may take and shall offer training and specific technical
assistance regarding the default; and
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(2) the compact commission shall provide a copy of the notice of default to the other
member states.
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(c) If a state in default fails to cure the default, the defaulting state may be terminated
from the compact upon an affirmative vote of a majority of the commissioners of the member
states, and all rights, privileges, and benefits conferred on that state by this compact may
be terminated on the effective date of termination. A cure of the default does not relieve the
offending state of obligations or liabilities incurred during the period of default.
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(d) Termination of membership in the compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to suspend or terminate
shall be given by the compact commission to the governor, the majority and minority leaders
of the defaulting state's legislature, the defaulting state's licensing authority, and each of
the member states' licensing authority.
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(e) A state that has been terminated is responsible for all assessments, obligations, and
liabilities incurred through the effective date of termination, including obligations that
extend beyond the effective date of termination.
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(f) Upon the termination of a state's membership from this compact, that state shall
immediately provide notice to all licensees within that state of such termination. The
terminated state shall continue to recognize all licenses and compact privileges granted
pursuant to this compact for a minimum of 180 days after the date of said notice of
termination.
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(g) The compact commission shall not bear any costs related to a state that is found to
be in default or that has been terminated from the compact, unless agreed upon in writing
between the compact commission and the defaulting state.
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(h) The defaulting state may appeal the action of the compact commission by petitioning
the United States District Court for the District of Columbia or the federal district where
the compact commission has its principal offices. The prevailing party shall be awarded all
costs of such litigation, including reasonable attorney fees.
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(i) Dispute resolution:
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(1) upon request by a member state, the compact commission shall attempt to resolve
disputes related to the compact that arise among member states and between member and
nonmember states; and
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(2) the compact commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
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(j) Enforcement:
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(1) by two-thirds majority vote, the compact commission may initiate legal action against
a member state in default in the United States District Court for the District of Columbia
or the federal district where the compact commission has its principal offices to enforce
compliance with the provisions of the compact and its promulgated rules. The relief sought
may include both injunctive relief and damages. In the event judicial enforcement is
necessary, the prevailing party shall be awarded all costs of such litigation, including
reasonable attorney fees. The remedies herein shall not be the exclusive remedies of the
compact commission. The compact commission may pursue any other remedies available
under federal or the defaulting member state's law;
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(2) a member state may initiate legal action against the compact commission in the
United States District Court for the District of Columbia or the federal district where the
compact commission has its principal offices to enforce compliance with the provisions of
the compact and its promulgated rules. The relief sought may include both injunctive relief
and damages. In the event judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable attorney fees; and
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(3) no person other than a member state shall enforce this compact against the compact
commission.
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Sec. 11.
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[148.786] EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT.
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(a) The compact shall come into effect on the date on which the compact statute is
enacted into law in the seventh member state:
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(1) on or after the effective date of the compact, the compact commission shall convene
and review the enactment of each of the first seven member states ("charter member states")
to determine if the statute enacted and made effective by each such charter member state is
materially different than the model compact statute:
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(i) a charter member state whose enactment is found to be materially different from the
model compact language shall be entitled to the default process set forth in section 148.7859;
and
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(ii) if any member state is later found to be in default, or is terminated or withdraws
from the compact, the compact commission shall remain in existence and the compact shall
remain in effect even if the number of member states should be fewer than seven;
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(2) member states enacting the compact subsequent to the seven initial charter member
states shall be subject to the process set forth in this section to determine if their enactments
are materially different from the model compact statute and whether they qualify for
participation in the compact;
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(3) all actions taken for the benefit of the compact commission or in furtherance of the
purposes of the administration of the compact prior to the effective date of the compact or
the compact commission coming into existence shall be considered to be actions of the
compact commission unless specifically repudiated by the compact commission; and
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(4) any state that joins the compact subsequent to the compact commission's initial
adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on
the date on which the compact becomes law in that state. Any rule that has been previously
adopted by the compact commission shall have the full force and effect of law on the day
the compact becomes law in that state.
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(b) Any member state may withdraw from this compact by enacting a statute repealing
the same:
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(1) a member state's withdrawal shall not take effect until 180 days after enactment of
the repealing statute;
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(2) withdrawal shall not affect the continuing requirement of the withdrawing state's
licensing authority to comply with the investigative and adverse action reporting requirements
of this compact prior to the effective date of withdrawal;
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(3) upon the enactment of a statute withdrawing from this compact, a state shall
immediately provide notice of such withdrawal to all licensees and privilege holders within
that state. Notwithstanding any subsequent statutory enactment to the contrary, such
withdrawing state shall continue to recognize all compact privileges granted pursuant to
this compact for a minimum of 180 days after the date of such notice of withdrawal;
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(4) nothing contained in this compact shall be construed to invalidate or prevent any
licensure agreement or other cooperative arrangement between a member state and a
nonmember state that does not conflict with the provisions of this compact; and
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(5) this compact may be amended by the member states. No amendment to this compact
shall become effective and binding upon any member state until it is enacted into the laws
of all member states.
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Sec. 12.
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[148.7861] CONSTRUCTION AND SEVERABILITY.
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(a) This compact and the compact commission's rulemaking authority shall be liberally
construed so as to effectuate the purposes and the implementation and administration of the
compact. Provisions of the compact expressly authorizing or requiring the promulgation of
rules shall not be construed to limit the compact commission's rulemaking authority solely
for those purposes.
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(b) The provisions of this compact shall be severable and if any phrase, clause, sentence,
or provision of this compact is held by a court of competent jurisdiction to be contrary to
the constitution of any member state, a state seeking participation in the compact, or the
United States, or the applicability thereof to any government, agency, person, or circumstance
is held to be unconstitutional by a court of competent jurisdiction, the validity of the
remainder of this compact and the applicability thereof to any other government, agency,
person, or circumstance shall not be affected thereby.
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(c) Notwithstanding the foregoing, the compact commission may deny a state's
participation in the compact or terminate a member state's participation in the compact if it
determines that a constitutional requirement of a member state is a material departure from
the compact. Otherwise, if this compact shall be held to be contrary to the constitution of
any member state, the compact shall remain in full force and effect as to the remaining
member states and in full force and effect as to the member state affected as to all severable
matters.
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Sec. 13.
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[148.7862] CONSISTENT EFFECT AND CONFLICT WITH OTHER
STATE LAWS.
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(a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member
state that is not inconsistent with the compact.
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(b) Any laws, statutes, regulations, or other legal requirements in a member state in
conflict with the compact are superseded to the extent of the conflict.
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(c) All permissible agreements between the compact commission and the member states
are binding in accordance with their terms.
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