Creates provisions relating to professional licensing

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2300
103RD GENERAL ASSEMBL Y
5831H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 324.009, 326.256, 326.277, 326.280, 326.283, 326.286, 326.289, 326.292,
337.600, and 345.050, RSMo, and to enact in lieu thereof forty-one new sections
relating to professional licensing, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 324.009, 326.256, 326.277, 326.280, 326.283, 326.286, 326.289,
2 326.292, 337.600, and 345.050, RSMo, are repealed and forty-one new sections enacted in
3 lieu thereof, to be known as sections 324.004, 324.009, 324.263, 326.256, 326.277, 326.280,
4 326.283, 326.286, 326.289, 326.292, 331.084, 334.1800, 334.1805, 334.1810, 334.1815,
5 334.1820, 334.1825, 334.1830, 334.1835, 334.1840, 334.1845, 334.1850, 334.1855,
6 334.1860, 334.1900, 334.1903, 334.1906, 334.1909, 334.1912, 334.1915, 334.1918,
7 334.1921, 334.1924, 334.1927, 334.1930, 334.1933, 334.1936, 334.1939, 337.600,
8 338.312, and 345.050, to read as follows:
324.004 . 1. Any person who has at least thr ee years of work experience in an
2 occupation or pro fession in another state, the District of Columbia, or any combination
3 of such jurisdictions, and whose work experience involved the practice of an occupation
4 or profes sion for which a license is not r equir ed in the jurisdiction or jurisdictions in
5 which the person worked but is r equir ed in this state, may submit an application for a
6 one-time nonr enewable two-year temporary license in this state in the occupation or
7 pr ofession, along with pr oof of at least thr ee years of work experience in the occupation
8 or pr ofession and a fee as set by regu lation of the oversight body , to the r elevant
9 oversight body in this state. The oversight body shall make a determination of
10 qualification within forty-five days of r eceiving a completed application.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
11 2. The oversight body shall req uir e an applicant under this section to take and
12 pass the examination specific to the occupation or pr ofession which is re quir ed for
13 licensur e by those individuals applying pursuant to the pr ovisions of the oversight
14 body's statutory and regu latory authority . An oversight body that administers an
15 examination on the laws of this state as part of its licensing application requi rem ents
16 may requi re an applicant under this section to take and pass an examination specific to
17 the laws of this state.
18 3. The oversight body shall not issue a one-time nonr enewable temporary license
19 to any applicant described in subsection 1 of this section who has had any license in the
20 r elevant occupation or pr ofession r evoked by an oversight body outside of this state,
21 who is curr ently under investigation, who has a complaint pending, or who is curr ently
22 under disciplinary action.
23 4. Applicants for the one-time nonr enewable temporary license shall be citizens
24 of the United States and shall submit legal pr oof of citizenship as part of the application.
25 5. If an applicant is not curr ently r esiding in this state, the oversight body shall
26 conditionally appr ove the application contingent upon rece ipt of pr oof of domicile in
27 this state within ninety days of the applicant receiv ing the temporary license. If the
28 applicant fails to pr ovide pr oof within ninety days of receiv ing the temporary license,
29 the oversight body may terminate the temporary license and the applicant may reapp ly
30 for a temporary license.
31 6. The pr ovisions of this section shall not apply to the following:
32 (1) Any occupation whose oversight body has enter ed into a licensing compact
33 with another state for the regul ation of practice under the oversight body's jurisdiction.
34 The pro visions of this section shall not be construed to alter the authority granted by , or
35 any r equirements pr omulgated pursuant to, any interjurisdictional or interstate
36 compacts adopted by this state or any rec iproci ty agr eements with other states, and
37 whenever possible the pr ovisions of this section shall be interpret ed so as to imply no
38 conflict between it and any compact or any r ecipro city agr eement with other states;
39 (2) Any occupation set forth in subsection 6 of section 290.257 or any electrical
40 contractor licensed under sections 324.900 to 324.945;
41 (3) Any occupation whose r egulators or licensees are requ ired to comply with
42 specific federal statutory , regu latory , and administrative requ irem ents in order to
43 practice in this state; or
44 (4) Assistant physicians licensed under chapter 334.
45 7. The one-time nonr enewable temporary license shall expir e after two years.
46 Upon expiration, the individual shall be req uire d to apply for a permanent license in
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47 accordance with the license r equir ements for the occupation for which he or she held the
48 temporary license.
49 8. Notwithstanding any other provi sion of law to the contrary , a license issued
50 under this section shall be valid only in this state and shall not make a licensee eligible to
51 be part of an interstate compact. An applicant who is licensed in another state pursuant
52 to an interstate compact shall not be eligible for licensur e by an oversight body under
53 the pro visions of this section.
54 9. Notwithstanding any other provi sion of law to the contrary , a license issued
55 under this section shall be valid only in this state and shall not make a licensee eligible to
56 obtain a license by reci proci ty in another state.
57 10. As used in this section, the term "oversight body" means any board,
58 department, agency , or office of a jurisdiction that issues occupational or profession al
59 licenses.
60 1 1. The division of profes sional r egistration may pro mulgate rules to implement
61 the pr ovisions of this section. Any rule or portion of a rule, as that term is defined in
62 section 536.010, that is crea ted under the authority delegated in this section shall
63 become effective only if it complies with and is subject to all of the provi sions of chapter
64 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable
65 and if any of the powers vested with the general assembly pursuant to chapter 536 to
66 r eview , to delay the effective date, or to disappr ove and annul a rule are subsequently
67 held unconstitutional, then the grant of rulemaking authority and any rule pr oposed or
68 adopted after August 28, 2026, shall be invalid and void.
324.009. 1. For purposes of this section, the following terms mean:
2 (1) "License", a license, certificate, registration, permit, accreditation, or military
3 occupational speciality that enables a person to legally practice an occupation or profession in
4 a particular jurisdiction;
5 (2) "Military", the Armed Forces of the United States including the Air Force, Army ,
6 Coast Guard, Marine Corps, Navy , Space Force, National Guard and any other military
7 branch that is designated by Congress as part of the Armed Forces of the United States, and
8 all reserve components and auxiliaries. Such term also includes the military reserves and
9 militia of any United States territory or state;
10 (3) "Missouri law enforcement officer", any person employed by or otherwise serving
11 in a position for the state or a local governmental entity in the state of Missouri as a police
12 of ficer , peace of ficer certified under chapter 590, auxiliary police of ficer , sheriff, sheriff 's
13 deputy , member of the patrol as that term is defined in section 43.010, or in some like position
14 involving the enforcement of the law and protection of the public interest at the risk of that
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15 person's life and who is a permanent resident of the state of Missouri or who is domiciled in
16 the state of Missouri;
17 (4) "Nonresident military or law enforcement spouse":
18 (a) A nonresident spouse of an active duty member of the Armed Forces of the United
19 States who has been transferred or is scheduled to be transferred to the state of Missouri, or
20 who has been transferred or is scheduled to be transferred to an adjacent state and is or will be
21 domiciled in the state of Missouri, or has moved to the state of Missouri on a permanent
22 change-of-station basis; or
23 (b) A nonresident spouse of a person residing outside the state of Missouri who has
24 accepted an offer of employment from and with the state or a local governmental entity in the
25 state of Missouri and who will become a Missouri law enforcement of ficer upon the
26 commencement of such employment;
27 (5) "Oversight body", any board, department, agency , or of fice of a jurisdiction that
28 issues licenses;
29 (6) "Resident military or law enforcement spouse", a spouse of an active duty
30 member of the Armed Forces of the United States who has been transferred or is scheduled to
31 be transferred to the state of Missouri or an adjacent state and who is a permanent resident of
32 the state of Missouri, who is domiciled in the state of Missouri, or who has Missouri as his or
33 her home of record, or a spouse of a Missouri law enforcement of ficer .
34 2. Any person who holds a valid current license issued by another state, a branch or
35 unit of the military , a territory of the United States, or the District of Columbia, and who has
36 been licensed for at least one year in such other jurisdiction, may submit an application for a
37 license in Missouri in the same occupation or profession, and at the same practice level, for
38 which he or she holds the current license, along with proof of current licensure and proof of
39 licensure for at least one year in the other jurisdiction, to the relevant oversight body in this
40 state.
41 3. The oversight body in this state shall:
42 (1) W ithin six months of receiving an application described in subsection 2 of this
43 section, waive any examination, educational, or experience requirements for licensure in this
44 state for the applicant if it determines that there were minimum education requirements and, if
45 applicable, work experience and clinical supervision requirements in ef fect and the other
46 [ state ] jurisdiction verifies that the person met those requirements in order to be licensed or
47 certified in that [ state ] jurisdiction . An oversight body that administers an examination on
48 laws of this state as part of its licensing application requirement may require an applicant to
49 take and pass an examination specific to the laws of this state; or
50 (2) W ithin thirty days of receiving an application described in subsection 2 of this
51 section from a nonresident military or law enforcement spouse or a resident military or law
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52 enforcement spouse, waive any examination, educational, or experience requirements for
53 licensure in this state for the applicant and issue such applicant a license under this section if
54 such applicant otherwise meets the requirements of this section.
55 4. (1) The oversight body shall not waive any examination, educational, or
56 experience requirements for any applicant who has had his or her license revoked by an
57 oversight body outside the state; who is currently under investigation, who has a complaint
58 pending, or who is currently under disciplinary action, except as provided in subdivision (2)
59 of this subsection, with an oversight body outside the state; who does not hold a license in
60 good standing with an oversight body outside the state; who has a criminal record that would
61 disqualify him or her for licensure in Missouri; or who does not hold a valid current license in
62 the other jurisdiction on the date the oversight body receives his or her application under this
63 section.
64 (2) If another jurisdiction has taken disciplinary action against an applicant, the
65 oversight body shall determine if the cause for the action was corrected and the matter
66 resolved. If the matter has not been resolved by that jurisdiction, the oversight body may
67 deny a license until the matter is resolved.
68 5. Nothing in this section shall prohibit the oversight body from denying a license to
69 an applicant under this section for any reason described in any section associated with the
70 occupation or profession for which the applicant seeks a license.
71 6. Any person who is licensed under the provisions of this section shall be subject to
72 the applicable oversight body's jurisdiction and all rules and regulations pertaining to the
73 practice of the licensed occupation or profession in this state. Any health care provi der
74 licensed under the pr ovisions of this section shall be deemed fully licensed to practice
75 within the pr ofession's scope of practice in this state and may pr ovide telehealth services
76 as described in section 191.1 145 to the same extent and in the same manner as a health
77 car e pr ovider who r eceived his or her license without a waiver of any requ irem ents.
78 7. This section shall not be construed to waive any requirement for an applicant to
79 pay any fees, post any bonds or surety bonds, or submit proof of insurance associated with the
80 license the applicant seeks.
81 8. This section shall not apply to business, professional, or occupational licenses
82 issued or required by political subdivisions.
83 9. The provisions of this section shall not impede an oversight body's authority to
84 require an applicant to submit fingerprints as part of the application process.
85 10. The provisions of this section shall not be construed to alter the authority granted
86 by , or any requirements promulgated pursuant to, any interjurisdictional or interstate
87 compacts adopted by Missouri statute or any reciprocity agreements with other states in
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88 ef fect, and whenever possible this section shall be interpreted so as to imply no conflict
89 between it and any compact, or any reciprocity agreements with other states in ef fect.
90 1 1. Notwithstanding any other provision of law , a license issued under this section
91 shall be valid only in this state and shall not make a licensee eligible to be part of an interstate
92 compact. An applicant who is licensed in another state pursuant to an interstate compact shall
93 not be eligible for licensure by an oversight body under the provisions of this section.
94 12. The provisions of this section shall not apply to any occupation set forth in
95 subsection 6 of section 290.257, or any electrical contractor licensed under sections 324.900
96 to 324.945.
324.263. 1. The board may apply to the administrative hearing commission for
2 an emergency suspension or res triction of a license issued under sections 324.240 to
3 324.275 if:
4 (1) The holder of the license is the subject of a pending criminal indictment,
5 criminal information, or other criminal charge relat ed to the duties and re sponsibilities
6 of the licensed occupation; and
7 (2) Ther e is reas onable cause for the board to believe that the public health,
8 safety , or welfare is at imminent risk of harm fr om the holder of the license.
9 2. The board shall submit to the administrative hearing commission supporting
10 affidavits and certified court r ecords, together with a complaint alleging the facts in
11 support of the board's reque st for an emergency suspension or r estriction of a license,
12 and shall supply the administrative hearing commission with the last home or business
13 addr esses on file with the board for the licensee. W ithin one business day of the filing of
14 the complaint, the administrative hearing commission shall ret urn a service packet to
15 the board. The service packet shall include the board's complaint and any affidavits or
16 r ecords the board intends to rely on that have been filed with the administrative hearing
17 commission. The service packet may contain other information in the discre tion of the
18 administrative hearing commission. W ithin twenty-four hours of recei ving the packet,
19 the board shall either personally serve the licensee the service packet or leave a copy of
20 the service packet at all of the licensee's curren t addr esses on file with the board.
21 3. Wi thin five days of the board's filing of the complaint, the administrative
22 hearing commission shall review the information submitted by the board and shall issue
23 its findings of fact and conclusions of law . If the administrative hearing commission
24 finds that ther e is rea sonable cause for the board to believe that the public health, safety ,
25 or welfare is at imminent risk of harm fr om the holder of the license, the administrative
26 hearing commission shall enter the order req uested by the board. The order shall be
27 effective upon personal service or by leaving a copy at all of the licensee's curren t
28 addr esses on file with the board.
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29 4. (1) The administrative hearing commission shall hold an evidentiary hearing
30 on the record within forty-five days of the board's filing of the complaint, or upon final
31 adjudication of any criminal charges filed against the licensee, as appr opriate, to
32 determine if cause for discipline exists under the pr ovisions of sections 324.240 to
33 324.275 and to determine whether the initial order enter ed by the commission shall
34 continue in effect. Prior to the hearing, the licensee may file affidavits and certified
35 court reco rds for consideration by the administrative hearing commission. The
36 administrative hearing commission may grant a re quest for a continuance but shall in
37 any event hold the hearing within one hundr ed twenty days of the board's initial filing.
38 The board shall be granted leave to amend its complaint if it is mor e than thirty days
39 prior to the hearing, or within thirty days prior to the hearing upon a showing of good
40 cause.
41 (2) If no cause for discipline is found following an evidentiary hearing, the
42 administrative hearing commission shall issue findings of fact, conclusions of law , and
43 an order terminating the commission's initial order imposing an emergency suspension
44 or res triction of the license.
45 (3) If the administrative hearing commission finds cause for discipline following
46 an evidentiary hearing, the commission shall issue findings of fact and conclusions of
47 law and order the emergency suspension or r estriction to rem ain in full for ce and effect
48 pending a disciplinary hearing before the board. The board shall hold a hearing
49 following the certification of the r ecord by the administrative hearing commission and
50 may impose discipline otherwise authorized by state law .
51 5. Any action under this section shall be in addition to and not in lieu of any
52 discipline otherwise in the board's power to impose and may be brou ght concurr ently
53 with other actions.
54 6. If the administrative hearing commission does not grant an initial order
55 imposing an emergency suspension or r estriction of the license as described in
56 subsection 3 of this section, the board shall rem ove all ref eren ce to such emergency
57 suspension or res triction fr om its public reco rds.
326.256. 1. As used in this chapter , the following terms mean:
2 (1) "AICP A", the American Institute of Certified Public Accountants;
3 (2) "Attest" or "attest services", providing the following services:
4 (a) Any audit or other engagement to be performed in accordance with the Statements
5 on Auditing Standards (SAS);
6 (b) Any examination of prospective financial information to be performed in
7 accordance with the Statements on Standards for Attestation Engagements (SSAE);
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8 (c) Any engagement to be performed in accordance with the auditing standards and
9 rules of the Public Company Accounting Oversight Board (PCAOB);
10 (d) Any review of a financial statement to be performed in accordance with the
11 Statements on Standards for Accounting and Review Services (SSARS); or
12 (e) Any examination, review , or agreed upon procedures engagement to be performed
13 in accordance with the SSAE, other than an examination described in paragraph (b) of this
14 subdivision;
15 (3) "Board", the Missouri state board of accountancy established under section
16 326.259 or its predecessor pursuant to prior law;
17 (4) "Certificate", a certificate issued under section 326.060 prior to August 28, 2001;
18 (5) "Certified public accountant" or "CP A", the holder of a certificate or license as
19 defined in this section;
20 (6) "Certified public accounting firm", "CP A firm" or "firm", a sole proprietorship, a
21 corporation, a partnership or any other form of or ganization issued a permit or otherwise
22 authorized to practice under section 326.289;
23 (7) "Client", a person or entity that agrees with a licensee or licensee's employer to
24 receive any professional service;
25 (8) "Compilation", providing a service to be performed in accordance with
26 Statements on Standards for Accounting and Review Services (SSARS) that is presented in
27 the form of financial statements information that is the representation of management
28 (owners) without undertaking to express any assurance on the statements;
29 (9) "License", a license issued under section 326.280, or privilege to practice under
30 section 326.283; or , in each case, an individual license or permit issued pursuant to
31 corresponding provisions of prior law;
32 (10) "Licensee", the holder of a license as defined in this section;
33 (1 1) "Manager", a manager of a limited liability company;
34 (12) "Member", a member of a limited liability company;
35 (13) "NASBA", the National Association of State Boards of Accountancy;
36 (14) "PCAOB", the Public Company Accounting Oversight Board;
37 (15) "Peer review", a study , appraisal or review of one or more aspects of the
38 professional work of a [ licensee or ] certified public accounting firm that performs attest or
39 compilation services, by licensees who are not af filiated either personally or through their
40 certified public accounting firm being reviewed pursuant to the Standards for Performing and
41 Reporting on Peer Reviews promulgated by the AICP A or such other standard adopted by
42 regulation of the board which meets or exceeds the AICP A standards;
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43 (16) "Permit", a permit to practice as a certified public accounting firm issued under
44 section 326.289 or corresponding provisions of prior law or pursuant to corresponding
45 provisions of the laws of other states;
46 (17) "Principal place of business", the of fice location designated by the licensee for
47 purposes of [ substantial equivalency ] mobility and reciprocity;
48 (18) "Professional", arising out of or related to the specialized knowledge or skills
49 associated with certified public accountants;
50 (19) "Public accounting":
51 (a) Performing or of fering to perform for an enterprise, client or potential client one
52 or more services involving the use of accounting or auditing skills, or one or more
53 management advisory or consulting services, or the preparation of tax returns or the
54 furnishing of advice on tax matters by a person, firm, limited liability company or
55 professional corporation using the title "C.P .A." or "P .A." in signs, advertising, directory
56 listing, business cards, letterheads or other public representations;
57 (b) Signing or af fixing a name, with any wording indicating the person or entity has
58 expert knowledge in accounting or auditing to any opinion or certificate attesting to the
59 reliability of any representation or estimate in regard to any person or or ganization embracing
60 financial information or facts respecting compliance with conditions established by law or
61 contract, including but not limited to statutes, ordinances, rules, grants, loans and
62 appropriations; or
63 (c) Of fering to the public or to prospective clients to perform, or actually performing
64 on behalf of clients, professional services that involve or require an audit or examination of
65 financial records leading to the expression of a written attestation or opinion concerning these
66 records;
67 (20) "Report", when used with reference to any attest or compilation service, means
68 an opinion, report or other form of language that states or implies assurance as to the
69 reliability of the attested information or compiled financial statements, and that also includes
70 or is accompanied by any statement or implication that the person or firm issuing it has
71 special knowledge or competence in accounting or auditing. Such a statement or implication
72 of special knowledge or competence may arise from use by the issuer of the report of names
73 or titles indicating that the person or firm is an accountant or auditor , or from the language of
74 the report itself. The term report includes any form of language which disclaims an opinion
75 when such form of language is conventionally understood to imply any positive assurance as
76 to the reliability of the attested information or compiled financial statements referred to or
77 special competence on the part of the person or firm issuing such language, and includes any
78 other form of language that is conventionally understood to imply such assurance or such
79 special knowledge or competence;
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80 (21) "State", any state of the United States, the District of Columbia, Puerto Rico, the
81 U.S. V ir gin Islands, the Commonwealth of the Northern Mariana Islands, and Guam; except
82 that "this state" means the state of Missouri;
83 (22) ["Substantial equivalency" or "substantially equivalent", a determination by the
84 board of accountancy or its designee that the education, examination and experience
85 requirements contained in the statutes and administrative rules of another jurisdiction are
86 comparable to or exceed the education, examination and experience requirements contained
87 in this chapter or that an individual certified public accountant's education, examination and
88 experience qualifications are comparable to or exceed the education, examination and
89 experience requirements contained in this chapter;
90 (23) ] "T ransmittal", any transmission of information in any form, including but not
91 limited to any and all documents, records, minutes, computer files, disks or information.
92 2. The statements on standards specified in this section shall be adopted by reference
93 by the board pursuant to rulemaking and shall be those developed for general application by
94 the AICP A or other recognized national accountancy or ganization as prescribed by board rule.
326.277. 1. Prior to June 30, 2021, for an applicant to be eligible to apply for the
2 examination, the applicant shall fulfill the education requirements of subdivision (4) of
3 subsection 1 of section 326.280.
4 2. On or after June 30, 2021, for an applicant to be eligible to apply for the
5 examination, the applicant shall:
6 (1) Provide proof that the applicant has [ completed at least one hundred twenty
7 semester hours of college education ] obtained a baccalaurea te degree or a post-
8 baccalaur eate degree at an accredited college or university recognized by the board, with an
9 accounting concentration or equivalent as determined by the board , in either case by rule;
10 (2) Be at least eighteen years of age; and
11 (3) Be of good moral character .
326.280. 1. A license shall be granted by the board to any person who meets the
2 requirements of this chapter and who:
3 (1) Is a resident of this state or has a place of business in this state or , as an employee,
4 is regularly employed in this state;
5 (2) Has attained the age of eighteen years;
6 (3) Is of good moral character;
7 (4) [ Either ] Meets one of the following educational requi rem ents :
8 (a) [ Applied for the initial examination prior to June 30, 1999, and ] Holds a
9 baccalaureate degree conferred by an accredited college or university recognized by the
10 board, with [ a ] the total educational pr ogram including an accounting concentration [ in
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11 accounting ] or [ the substantial ] equivalent [ of a concentration in accounting ] as determined
12 by [ the ] board rule to be appr opriate ; or
13 (b) [ Applied for the initial examination on or after June 30, 1999, and has at least one
14 hundred fifty semester hours of college education, including a baccalaureate or higher degree ]
15 Has a baccalaur eate degr ee plus an additional thirty semester hours of college education
16 conferred by an accredited college or university recognized by the board, with the total
17 educational program including an accounting concentration or equivalent as determined by
18 board rule to be appropriate; or
19 (c) Has a post-baccalaur eate degree conferr ed by an accr edited college or
20 university recogn ized by the board, with the total education prog ram including an
21 accounting concentration or equivalent as determined by board rule to be appr opriate;
22 (5) Has passed an examination in accounting, auditing and such other related subjects
23 as the board shall determine is appropriate; and
24 (6) (a) Either:
25 a. Has had one year of experience for an applicant who is applying for licensur e on
26 the basis of the educational req uirement in paragraphs (b) or (c) of subdivision (4) of
27 subsection 1 of this section; or
28 b. Has had two years of experience for an applicant who is applying for licensur e
29 on the basis of the educational req uirement in paragraph (a) of subdivision (4) of
30 subsection 1 of this section .
31 (b) Experience shall be verified by a licensee and shall include any type of service or
32 advice involving the use of accounting, attest, compilation, management advisory , financial
33 advisory , tax or consulting skills including governmental accounting, budgeting or auditing.
34 The board shall promulgate rules and regulations concerning the verifying licensee's review
35 of the applicant's experience.
36 2. The board may prescribe by rule the terms and conditions for reexaminations and
37 fees to be paid for reexaminations.
38 3. A person who, on August 28, 2001, holds an individual permit issued pursuant to
39 the laws of this state shall not be required to obtain additional licenses pursuant to sections
40 326.280 to 326.286, and the licenses issued shall be considered licenses issued pursuant to
41 sections 326.280 to 326.286. However , such persons shall be subject to the provisions of
42 section 326.286 for renewal of licenses.
43 4. Upon application, the board may issue a temporary license to an applicant pursuant
44 to this subsection for a person who has made a prima facie showing that the applicant meets
45 all of the requirements for a license and possesses the experience required. The temporary
46 license shall be effectiv e only until the board has had the opportunity to investigate the
47 applicant's qualifications for licensure pursuant to subsection 1 of this section and notify the
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48 applicant that the applicant's application for a license has been granted or rejected. In no
49 event shall a temporary license be in effect for more than twelve months after the date of
50 issuance nor shall a temporary license be reissued to the same applicant. No fee shall be
51 char ged for a temporary license. The holder of a temporary license which has not expired,
52 been suspended or revoked shall be deemed to be the holder of a license issued pursuant to
53 this section until the temporary license expires, is terminated, suspended or revoked.
54 [ 5. Prior to June 30, 2021, an applicant for an examination who meets the educational
55 requirements of subdivision (4) of subsection 1 of this section or who reasonably expects to
56 meet those requirements within sixty days after the examination shall be eligible for
57 examination if the applicant also meets the requirements of subdivisions (2) and (3) of
58 subsection 1 of this section. For an applicant admitted to examination on the reasonable
59 expectation that the applicant will meet the educational requirements within sixty days, no
60 license shall be issued nor credit for the examination or any part thereof given unless the
61 educational requirement is in fact met within the sixty-day period.]
326.283. 1. (1) (a) An individual whose principal place of business, domicile, or
2 residency is not in this state and who holds a valid and unrestricted license in good standing
3 to practice public accounting from any state [ which the board or its designee has determined
4 by rule to be in substantial equivalence with the licensure requirements of this chapter , or if
5 the individual's qualifications are substantially equivalent to the licensure requirements of this
6 chapter , shall be presumed to have qualifications substantially equivalent to this state's
7 requirements and ] shall have all the privileges of licensees of this state without the need to
8 obtain a license or to otherwise notify or register with the board or pay any fee[ . Provided,
9 however , ] prov ided that at the time of initial licensur e, the individual was req uired to
10 show evidence of having passed the Uniform Certified Public Accountant Examination
11 and having met one of the following req uirements:
12 a. A baccalaur eate degr ee conferred by an accred ited college or university , with
13 the total educational pr ogram including an accounting concentration or equivalent, and
14 not less than two years of experience, both as defined by board rule;
15 b. A baccalaur eate degr ee plus an additional thirty semester hours of college
16 education conferr ed by an accr edited college or university , with the total educational
17 pr ogram including an accounting concentration or equivalent, and not less than one
18 year of experience, both as defined by board rule; or
19 c. A post-baccalaur eate degr ee conferred by an accred ited college or university ,
20 with the total educational prog ram including an accounting concentration or equivalent,
21 and not less than one year of experience, both as defined by board rule.
22 (b) An individual, whose principal place of business, domicile, or res idency is not
23 in this state and who holds a valid and unr estricted license in good standing to practice
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24 public accountancy fro m any state as of December 31, 2024, and who, as of such date,
25 has practice privileges in this state under paragraph (a) of this subdivision, shall
26 continue to have all the privileges of licensees in this state without the need to obtain a
27 license or otherwise notify or regist er with the board or pay any fee.
28 (c) The board may by rule require individuals with a valid but restricted license to
29 obtain a license.
30 (2) An individual who qualifies for the privilege to practice under this section may
31 of fer or render professional services in this state, whether in person, by mail, telephone, or
32 electronic means, and no notice or other submission shall be required of any such individual.
33 (3) An individual licensee of another state exercising the privilege af forded under this
34 section and the firm which employs such licensee hereby simultaneously consent, as a
35 condition of the grant of this privilege:
36 (a) T o the personal and subject matter jurisdiction and disciplinary authority of the
37 board;
38 (b) T o comply with this chapter and the board's rules;
39 (c) That in the event the license from any state is no longer valid or unrestricted, the
40 individual shall cease of fering or rendering professional services in this state individually and
41 on behalf of a firm; and
42 (d) T o the appointment of the state board that issued the individual's license as his or
43 her agent upon whom process may be served in any action or proceeding by this board against
44 the individual.
45 (4) An individual who has been granted the privilege to practice under this section
46 who performs attest or compilation services shall comply with the provisions of section
47 326.289.
48 (5) Nothing in this chapter shall prohibit temporary practice in this state for
49 professional business incidental to a CP A's regular practice outside this state. "T emporary
50 practice" means that practice related to the direct purpose of an engagement for a client
51 located outside this state, which engagement began outside this state and extends into this
52 state through common ownership, existence of a subsidiary , assets or other operations located
53 within this state.
54 2. A licensee of this state of fering or rendering services or using his or her certified
55 public accountant title in another state shall be subject to disciplinary action in this state for an
56 act committed in another state for which the licensee would be subject to discipline for an act
57 committed in the other state. Notwithstanding the provisions of section 326.274 to the
58 contrary , the board may investigate any complaint made by the board of accountancy of
59 another state.
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326.286. 1. The board may grant or renew licenses to persons who make application
2 and demonstrate that their qualifications, including the qualifications prescribed by section
3 326.280, are in accordance with this section.
4 2. Licenses shall be initially issued and renewed for periods of not more than three
5 years and shall expire on the renewal date following issuance or renewal. Applications for
6 licenses shall be made in such form, and in the case of applications for renewal, between such
7 dates, as the board by rule shall specify . Application and renewal fees shall be determined by
8 the board by rule.
9 3. W ith regard to applicants that do not qualify for reciprocity pursuant to subsection
10 1 of this section, the board may issue a license to an applicant upon a showing that:
11 (1) The applicant passed the examination required for issuance of the applicant's
12 certificate with grades that would have been passing grades at the time in this state;
13 (2) The applicant had four years of experience outside of this state of the type
14 described in subdivision (6) of subsection 1 of section 326.280 or meets equivalent
15 requirements prescribed by the board by rule, after passing the examination upon which the
16 applicant's license was based and within the ten years immediately preceding the application;
17 and
18 (3) If the applicant's certificate, license or permit was issued more than four years
19 prior to the application for issuance of a license pursuant to this section, the applicant has
20 fulfilled the requirements of continuing professional education that would have been
21 applicable pursuant to subsection [ 6 ] 5 of this section.
22 4. As an alternative to the requirements of subsection 3 of this section, a certified
23 public accountant licensed by another state who establishes a principal place of business in
24 this state shall request the issuance of a license from the board prior to establishing the
25 principal place of business. The board may issue a license to the person [ who obtains
26 verification from the NASBA National Qualification Appraisal Service that the individual's
27 qualifications are substantially equivalent to the licensure requirements of sections 326.250 to
28 326.331 ] whose qualifications the board verifies to be comparable to the initial licensur e
29 r equir ements of section 326.280 .
30 5. [An application pursuant to this section may be made through the NASBA
31 Qualification Appraisal Service.
32 6. ] Each licensee shall participate in a program of learning designed to maintain
33 professional competency . The program of learning shall comply with rules adopted by the
34 board. The board may create by rule an exception to such requirement for licensees who do
35 not perform or of fer to perform for the public one or more kinds of services involving the use
36 of accounting or auditing skills, including issuance of reports on financial statements or of
37 one or more kinds of management advisory , financial advisory or consulting services, or the
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38 preparation of tax returns or the furnishing of advice on tax matters. Licensees granted an
39 exception by the board shall place the word "inactive" adjacent to their certified public
40 accountant title on any business card, letterhead or any other document or device, except their
41 certified public accountant certificate, on which their certified public accountant title appears.
42 [ 7. ] 6. Applicants for initial issuance or renewal of licenses pursuant to this section
43 shall list all states in which they have applied for or hold certificates, licenses or permits and
44 list any past denial, revocation or suspension or any discipline of a certificate, license or
45 permit. Each holder of or applicant for a license shall notify the board in writing within thirty
46 days after its occurrence of any issuance, denial, revocation or suspension or any discipline of
47 a certificate, license or permit by another state.
48 [ 8. ] 7. The board may issue a license to a holder of a substantially equivalent foreign
49 designation, provided that:
50 (1) The foreign authority which granted the designation makes similar provisions to
51 allow a person who holds a valid license issued by this state to obtain such foreign authority's
52 comparable designation; and
53 (2) The foreign designation:
54 (a) W as duly issued by a foreign authority that regulates the practice of public
55 accounting and the foreign designation has not expired or been revoked or suspended;
56 (b) Entitles the holder to issue reports upon financial statements; and
57 (c) W as issued upon the basis of educational, examination and experience
58 requirements established by the foreign authority or by law; and
59 (3) The applicant:
60 (a) Received the designation based on educational and examination standards
61 substantially equivalent to those in effect in this state at the time the foreign designation was
62 granted;
63 (b) Completed an experience requirement substantially equivalent to the requirement
64 set out in subdivision (6) of subsection 1 of section 326.280 in the jurisdiction which granted
65 the foreign designation or has completed four years of professional experience in this state, or
66 meets equivalent requirements prescribed by the board by rule within the ten years
67 immediately preceding the application; and
68 (c) Passed a uniform qualifying examination in national standards and an examination
69 on the laws, regulations and code of ethical conduct in ef fect in this state acceptable to the
70 board.
71 [ 9. ] 8. An applicant pursuant to subsection [ 8 ] 7 of this section shall list all
72 jurisdictions, foreign and domestic, in which the applicant has applied for or holds a
73 designation to practice public accounting. Each holder of a license issued pursuant to this
74 subsection shall notify the board in writing within thirty days after its occurrence of any
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75 issuance, denial, revocation, suspension or any discipline of a designation or commencement
76 of a disciplinary or enforcement action by any jurisdiction.
77 [ 10. ] 9. The board has the sole authority to interpret the application of the provisions
78 of subsections 7 and 8 [ and 9 ] of this section.
326.289. 1. The board may grant or renew permits to practice as a certified public
2 accounting firm to applicants that demonstrate their qualifications in accordance with this
3 chapter .
4 (1) The following shall hold a permit issued under this chapter:
5 (a) Any firm with an of fice in this state, as defined by the board by rule, offeri ng or
6 performing attest or compilation services; or
7 (b) Any firm with an of fice in this state that uses the title "CP A" or "CP A firm".
8 (2) Any firm that does not have an of fice in this state may of fer or perform attest or
9 compilation services in this state without a valid permit only if it meets each of the following
10 requirements:
11 (a) It complies with the qualifications described in subdivision (1) of subsection 4 of
12 this section;
13 (b) It complies with the requirements of peer review as set forth in this chapter and
14 the board's promulgated regulations;
15 (c) It performs such services through an individual with practice privileges under
16 section 326.283; and
17 (d) It can lawfully do so in the state where said individual with the privilege to
18 practice has his or her principal place of business.
19 (3) A firm which is not subject to the requirements of subdivisions (1) or (2) of this
20 subsection may perform other nonattest or noncompilation services while using the title
21 "CP A" or "CP A firm" in this state without a permit issued under this section only if it:
22 (a) Performs such services through an individual with the privilege to practice under
23 section 326.283; and
24 (b) Can lawfully do so in the state where said individual with privilege to practice has
25 his or her principal place of business.
26 (4) (a) All firms practicing public accounting in this state shall register with the
27 secretary of state.
28 (b) Firms which may be exempt from this requirement include:
29 a. Sole proprietorships;
30 b. T rusts created pursuant to revocable trust agreements, of which the trustee is a
31 natural person who holds a license or privilege to practice as set forth in section 326.280,
32 326.283, or 326.286;
33 c. General partnerships not operating as a limited liability partnership; or
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34 d. Foreign professional corporations which do not meet criteria of chapter 356 due to
35 name or ownership, shall obtain a certificate of authority as a general corporation.
36 Notwithstanding the provisions of chapter 356, the secretary of state may issue a certificate of
37 authority to a foreign professional corporation which does not meet the criteria of chapter 356
38 due to name or ownership, if the corporation meets the requirements of this section and the
39 rules of the board.
40 (5) A sole practitioner or single member limited liability company (LLC) using
41 the title of "certified public accountant(s)", "CP A", or similar abbr eviation in their
42 business name may r equest exemption fr om the firm permit req uirements of paragraph
43 (b) of subdivision (1) of this subsection by submitting a written r equest to the board that
44 affirms the business does not offer nor perform attest services nor other services subject
45 to peer review .
46 2. Permits shall be initially issued and renewed for periods of not more than three
47 years or for a specific period as prescribed by board rule following issuance or renewal.
48 3. The board shall determine by rule the form for application and renewal of permits
49 and shall annually determine the fees for permits and their renewals.
50 4. An applicant for initial issuance or renewal of a permit to practice under this
51 section shall be required to show that:
52 (1) A simple majority of the ownership of the firm, in terms of financial interests and
53 voting rights of all partners, officers, principals, shareholders, members or managers, belongs
54 to licensees who are licensed in some state, and the partners, of ficers, principals,
55 shareholders, members or managers, whose principal place of business is in this state and
56 who perform professional services in this state are licensees under section 326.280 or the
57 corresponding provision of prior law . Although firms may include nonlicensee owners, the
58 firm and its ownership shall comply with rules promulgated by the board;
59 (2) Any certified public accounting firm may include owners who are not licensees
60 provided that:
61 (a) The firm designates a licensee of this state, or in the case of a firm which must
62 have a permit under this section designates a licensee of another state who meets the
63 requirements of section 326.283, who is responsible for the proper registration of the firm and
64 identifies that individual to the board;
65 (b) All nonlicensee owners are active individual participants in the certified public
66 accounting firm or affiliat ed entities;
67 (c) All owners are of good moral character; and
68 (d) The firm complies with other requirements as the board may impose by rule;
69 (3) Any licensee who is responsible for supervising attest services, or signs or
70 authorizes someone to sign the licensee's report on the financial statements on behalf of the
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71 firm, shall meet competency requirements as determined by the board by rule which shall
72 include one year of experience in addition to the experience required under subdivision (6) of
73 subsection 1 of section 326.280 and shall be verified by a licensee. The additional experience
74 required by this subsection shall include experience in attest work supervised by a licensee.
75 5. An applicant for initial issuance or renewal of a permit to practice shall register
76 each of fice of the firm within this state with the board and show that all attest and compilation
77 services rendered in this state are under the char ge of a licensee.
78 6. No licensee or firm holding a permit under this chapter shall use a professional or
79 firm name or designation that is misleading as to:
80 (1) The legal form of the firm;
81 (2) The persons who are partners, of ficers, members, managers or shareholders of the
82 firm; or
83 (3) Any other matter .
84
85 The names of one or more former partners, members or shareholders may be included in the
86 name of a firm or its successor unless the firm becomes a sole proprietorship because of the
87 death or withdrawal of all other partners, of ficers, members or shareholders. A firm may use
88 a fictitious name if the fictitious name is registered with the board and is not otherwise
89 misleading. The name of a firm shall not include the name or initials of an individual who is
90 not a present or a past partner , member or shareholder of the firm or its predecessor . The
91 name of the firm shall not include the name of an individual who is not a licensee.
92 7. Applicants for initial issuance or renewal of permits shall list in their application all
93 states in which they have applied for or hold permits as certified public accounting firms and
94 list any past denial, revocation, suspension or any discipline of a permit by any other state.
95 Each holder of or applicant for a permit under this section shall notify the board in writing
96 within thirty days after its occurrence of any change in the identities of partners, principals,
97 of ficers, shareholders, members or managers whose principal place of business is in this state;
98 any change in the number or location of of fices within this state; any change in the identity of
99 the persons in char ge of such of fices; and any issuance, denial, revocation, suspension or any
100 discipline of a permit by any other state.
101 8. Firms which fall out of compliance with the provisions of this section due to
102 changes in firm ownership or personnel after receiving or renewing a permit shall take
103 corrective action to bring the firm back into compliance as quickly as possible. The board
104 may grant a reasonable period of time for a firm to take such corrective action. Failure to
105 bring the firm back into compliance within a reasonable period as defined by the board may
106 result in the suspension or revocation of the firm permit.
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107 9. The board shall require by rule, as a condition to the renewal of permits, that firms
108 under go, no more frequently than once every three years, peer reviews conducted in a manner
109 as the board shall specify . The review shall include a verification that individuals in the firm
110 who are responsible for supervising attest and compilation services or sign or authorize
111 someone to sign the accountant's report on the financial statements on behalf of the firm meet
112 the competency requirements set out in the professional standards for such services, provided
113 that any such rule:
114 (1) Shall include reasonable provision for compliance by a firm showing that it has
115 within the preceding three years under gone a peer review that is [ a satisfactory equivalent ]
116 comparable to peer review generally required under this subsection;
117 (2) May require, with respect to peer reviews, that peer reviews be subject to
118 oversight by an oversight body established or sanctioned by board rule, which shall
119 periodically report to the board on the ef fectiveness of the review program under its char ge
120 and provide to the board a listing of firms that have participated in a peer review program that
121 is satisfactory to the board; and
122 (3) Shall require, with respect to peer reviews, that the peer review processes be
123 operated and documents maintained in a manner designed to preserve confidentiality , and that
124 the board or any third party other than the oversight body shall not have access to documents
125 furnished or generated in the course of the peer review of the firm except as provided in
126 subdivision (2) of this subsection.
127 10. The board may , by rule, char ge a fee for oversight of peer reviews, provided that
128 the fee char ged shall be [ substantially equivalent ] comparable to the cost of oversight.
129 1 1. Notwithstanding any other provision in this section, the board may obtain the
130 following information regarding peer review from any approved American Institute for
131 Certified Public Accountants peer review program:
132 (1) The firm's name and address;
133 (2) The firm's dates of enrollment in the program;
134 (3) The date of acceptance and the period covered by the firm's most recently
135 accepted peer review; and
136 (4) If applicable, whether the firm's enrollment in the program has been dropped or
137 terminated.
138 12. In connection with proceedings before the board or upon receipt of a complaint
139 involving the licensee performing peer reviews, the board shall not have access to any
140 documents furnished or generated in the course of the performance of the peer reviews except
141 for peer review reports, letters of comment and summary review memoranda. The documents
142 shall be furnished to the board only in a redacted manner that does not specifically identify
143 any firm or licensee being peer reviewed or any of their clients.
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144 13. The peer review processes shall be operated and the documents generated thereby
145 be maintained in a manner designed to preserve their confidentiality . No third party , other
146 than the oversight body , the board, subject to the provisions of subsection 12 of this section,
147 or the or ganization performing peer review shall have access to documents furnished or
148 generated in the course of the review . All documents shall be privileged and closed records
149 for all purposes and all meetings at which the documents are discussed shall be considered
150 closed meetings under subdivision (1) of section 610.021. The proceedings, records and
151 workpapers of the board and any peer review subjected to the board process shall be
152 privileged and shall not be subject to discovery , subpoena or other means of legal process or
153 introduction into evidence at any civil action, arbitration, administrative proceeding or board
154 proceeding. No member of the board or person who is involved in the peer review process
155 shall be permitted or required to testify in any civil action, arbitration, administrative
156 proceeding or board proceeding as to any matters produced, presented, disclosed or discussed
157 during or in connection with the peer review process or as to any findings, recommendations,
158 evaluations, opinions or other actions of such committees or any of its members; provided,
159 however , that information, documents or records that are publicly available shall not be
160 subject to discovery or use in any civil action, arbitration, administrative proceeding or board
161 proceeding merely because they were presented or considered in connection with the peer
162 review process.
326.292. 1. Only licensees may issue a report on financial statements of any person,
2 firm, or ganization or governmental unit or of fer to render or render any attest service. Such
3 restriction shall not prohibit any act of a public of ficial or public employee in the performance
4 of the person's duties as such; nor prohibit the performance by any nonlicensee of other
5 services involving the use of accounting skills, including the preparation of tax returns,
6 management advisory services and the preparation of nonattest financial statements.
7 Nonlicensees may prepare financial statements and issue nonattest transmittals or
8 information thereon which do not purport to be in compliance with the Statements on
9 Standards for Accounting and Review Services (SSARS).
10 2. Only certified public accountants shall use or assume the title certified public
11 accountant, or the abbreviation CP A or any other title, designation, words, letters,
12 abbreviation, sign, card or device tending to indicate that such person is a certified public
13 accountant. Nothing in this section shall prohibit:
14 (1) A certified public accountant whose certificate was in full force and ef fect, issued
15 pursuant to the laws of this state prior to August 28, 2001, and who does not engage in the
16 practice of public accounting, auditing, bookkeeping or any similar occupation, from using
17 the title certified public accountant or abbreviation CP A;
HCS HB 2300 20
18 (2) A person who holds a certificate, then in force and ef fect, issued pursuant to the
19 laws of this state prior to August 28, 2001, and who is regularly employed by or is a director
20 or of ficer of a corporation, partnership, association or business trust, in his or her capacity as
21 such, from signing, delivering or issuing any financial, accounting or related statement, or
22 report thereon relating to such corporation, partnership, association or business trust provided
23 the capacity is so designated, and provided in the signature line the title CP A or certified
24 public accountant is not designated.
25 3. No firm shall provide attest or compilation services or assume or use the title
26 certified public accountants or the abbreviation CP As, or any other title, designation, words,
27 letters, abbreviation, sign, card or device tending to indicate that such firm is a certified public
28 accounting firm unless:
29 (1) The firm holds a valid permit [ issued under section 326.289 ] or is a firm exempt
30 from the permit requirement under [ subdivisions (2) and (3) of subsection 1 of ] section
31 326.289 and complies with all other applicable provisions of that section; and
32 (2) Ownership of the firm is in accord with section 326.289 and rules promulgated by
33 the board.
34 4. Only persons holding a valid license or permit issued under section 326.280 or
35 326.289, or persons qualifying for the privilege to practice under section 326.283, and firms
36 exempt from the permit requirement under subsection 1 of section 326.289, shall assume or
37 use the title certified accountant, chartered accountant, enrolled accountant, licensed
38 accountant, registered accountant, accredited accountant or any other title or designation
39 likely to be confused with the titles certified public accountant or public accountant, or use
40 any of the abbreviations CA, LA, RA, AA or similar abbreviation likely to be confused with
41 the abbreviation CP A or P A. The title enrolled agent or EA shall only be used by individuals
42 so designated by the Internal Revenue Service. Nothing in this section shall prohibit the use
43 or issuance of a title for nonattest services provided that the or ganization and the title issued
44 by the or ganization existed prior to August 28, 2001.
45 5. (1) Nonlicensees shall not use language in any statement relating to the financial
46 af fairs of a person or entity that is conventionally used by certified public accountants in
47 reports on financial statements. Nonlicensees may use the following safe harbor language:
48 (a) For compilations:
49 "I (W e) have prepared the accompanying (financial statements) of (name of entity) as
50 of (time period) for the (period) then ended. This presentation is limited to preparing in the
51 form of a financial statement information that is the representation of management (owners).
52 I (W e) have not audited or reviewed the accompanying financial statements and accordingly
53 do not express an opinion or any other form of assurance on them."
54 (b) For reviews:
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55 "I (W e) reviewed the accompanying (financial statements) of (name of entity) as of
56 (time period) for the (period) then ended. These financial statements (information) are (is)
57 the responsibility of the company's management. I (W e) have not audited the accompanying
58 financial statements and accordingly do not express an opinion or any other form of assurance
59 on them.".
60 (2) Only persons or firms holding a valid license or permit issued under section
61 326.280 or 326.289 shall assume or use any title or designation that includes the words
62 accountant or accounting in connection with any other language, including the language of a
63 report, that implies that the person or firm holds a license or permit or has special competence
64 as an accountant or auditor; provided, however , that this subsection shall not prohibit any
65 of ficer , partner , principal, member , manager or employee of any firm or or ganization from
66 af fixing such person's own signature to any statement in reference to the financial af fairs of
67 the firm or or ganization with any wording designating the position, title or of fice that the
68 person holds therein nor prohibit any act of a public of ficial or employee in the performance
69 of the person's duties as such. Nothing in this subsection shall prohibit the singular use of
70 "accountant" or "accounting" for nonattest purposes.
71 6. Licensees signing or authorizing someone to sign reports on financial statements
72 when performing attest or compilation services shall provide those services in accordance
73 with professional standards as determined by the board by rule.
74 7. No licensee or firm holding a permit under sections 326.280 to 326.289 shall use a
75 professional or firm name or designation that is misleading about the legal form of the firm,
76 or about the persons who are partners, principals, of ficers, members, managers or
77 shareholders of the firm, or about any other matter .
78 8. None of the foregoing provisions of this section shall apply to a person or firm
79 holding a certification, designation, degree or license granted in a foreign country entitling the
80 holder to engage in the practice of public accounting or its equivalent in the country whose
81 activities in this state are limited to the provision of professional services to persons or firms
82 who are residents of, governments of, or business entities of the country in which the person
83 holds the entitlement, who performs no attest or compilation services and who issues no
84 reports with respect to the financial statements of any other persons, firms or governmental
85 units in this state, and who does not use in this state any title or designation other than the one
86 under which the person practices in such country , followed by a translation of such title or
87 designation into the English language, if it is in a dif ferent language, and by the name of such
88 country .
89 9. No licensee shall perform attest or compilation services through any certified
90 public accounting firm that does not hold a valid permit issued under section 326.289.
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91 10. Nothing herein shall prohibit a practicing attorney or firm of attorneys from
92 preparing or presenting records or documents customarily prepared by an attorney or firm of
93 attorneys in connection with the attorney's professional work in the practice of law .
94 1 1. Nothing herein shall prohibit any trustee, executor , administrator , referee or
95 commissioner from signing and certifying financial reports incident to his or her duties in that
96 capacity .
97 12. Nothing herein shall prohibit any director or of ficer of a corporation, partner or a
98 partnership, sole proprietor of a business enterprise, member of a joint venture, member of a
99 committee appointed by stockholders, creditors or courts, or an employee of any of the
100 foregoing, in his or her capacity as such, from signing, delivering or issuing any financial,
101 accounting or related statement, or report thereon, relating to the corporation, partnership,
102 business enterprise, joint venture or committee, provided the capacity is designated on the
103 statement or report.
104 13. (1) A licensee shall not for a commission recommend or refer to a client any
105 product or service, or for a commission recommend or refer any product or service to be
106 supplied by a client, or receive a commission, when the licensee also performs for that client:
107 (a) Attest services; or
108 (b) A compilation of a financial statement when the licensee expects, or reasonably
109 may expect, that a third party will use the financial statement and the licensee's compilation
110 report does not disclose a lack of independence; or
111 (c) An examination of prospective financial information.
112
113 Such prohibition applies during the period in which the licensee is engaged to perform any of
114 the services listed above and the period covered by any historical financial statements
115 involved in such listed services.
116 (2) A licensee who is not prohibited by this section from performing services for or
117 receiving a commission and who is paid or expects to be paid a commission shall disclose in
118 writing that fact to any person or entity to whom the licensee recommends or refers a product
119 or service to which the commission relates.
120 (3) Any licensee who accepts a referral fee for recommending or referring any service
121 of a licensee to any person or entity or who pays a referral fee to obtain a client shall disclose
122 in writing the acceptance or payment to the client.
123 14. (1) A licensee shall not:
124 (a) Perform for a contingent fee any professional services for , or receive a fee from, a
125 client for whom the licensee or the licensees's firm performs:
126 a. Attest services;
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127 b. A compilation of a financial statement when the licensee expects, or reasonably
128 might expect, that a third party will use the financial statement and the licensee's compilation
129 report does not disclose a lack of independence; or
130 c. An examination of prospective financial information;
131 (b) Prepare an original tax return or claim for a tax refund for a contingent fee for any
132 client; or
133 (c) Prepare an amended tax return or claim for a tax refund for a contingent fee for
134 any client, unless permitted by board rule.
135 (2) The prohibition in subdivision (1) of this subsection applies during the period in
136 which the licensee is engaged to perform any of those services and the period covered by any
137 historical financial statements involved in any services.
138 (3) A contingent fee is a fee established for the performance of any service pursuant
139 to an arrangement in which no fee will be char ged unless a specified finding or result is
140 attained, or in which the amount of the fee is otherwise dependent upon the finding or result
141 of the service. Solely for purposes of this section, fees are not regarded as being contingent if
142 fixed by courts or other public authorities, or , in tax matters, if determined based on the
143 results of judicial proceedings or the findings of governmental agencies. A licensee's fees
144 may vary depending, for example, on the complexity of services rendered.
145 15. Any person who violates any provision of subsections 1 to 5 of this section shall
146 be guilty of a class A misdemeanor . Whenever the board has reason to believe that any
147 person has violated this section it may certify the facts to the attorney general of this state or
148 bring other appropriate proceedings.
331.084. 1. The board may apply to the administrative hearing commission for
2 an emergency suspension or res triction of a license issued under this chapter if:
3 (1) The holder of the license is the subject of a pending criminal indictment,
4 criminal information, or other criminal charge relat ed to the duties and re sponsibilities
5 of the licensed occupation; and
6 (2) Ther e is reas onable cause for the board to believe that the public health,
7 safety , or welfare is at imminent risk of harm fr om the holder of the license.
8 2. The board shall submit to the administrative hearing commission supporting
9 affidavits and certified court r ecords, together with a complaint alleging the facts in
10 support of the board's reque st for an emergency suspension or r estriction of a license,
11 and shall supply the administrative hearing commission with the last home or business
12 addr esses on file with the board for the licensee. W ithin one business day of the filing of
13 the complaint, the administrative hearing commission shall ret urn a service packet to
14 the board. The service packet shall include the board's complaint and any affidavits or
15 r ecords the board intends to rely on that have been filed with the administrative hearing
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16 commission. The service packet may contain other information in the discre tion of the
17 administrative hearing commission. W ithin twenty-four hours of recei ving the packet,
18 the board shall either personally serve the licensee the service packet or leave a copy of
19 the service packet at all of the licensee's curren t addr esses on file with the board.
20 3. Wi thin five days of the board's filing of the complaint, the administrative
21 hearing commission shall review the information submitted by the board and shall issue
22 its findings of fact and conclusions of law . If the administrative hearing commission
23 finds that ther e is rea sonable cause for the board to believe that the public health, safety ,
24 or welfare is at imminent risk of harm fr om the holder of the license, the administrative
25 hearing commission shall enter the order req uested by the board. The order shall be
26 effective upon personal service or by leaving a copy at all of the licensee's curren t
27 addr esses on file with the board.
28 4. (1) The administrative hearing commission shall hold an evidentiary hearing
29 on the record within forty-five days of the board's filing of the complaint, or upon final
30 adjudication of any criminal charges filed against the licensee, as appr opriate, to
31 determine if cause for discipline exists under the pro visions of this chapter and to
32 determine whether the initial order enter ed by the commission shall continue in effect.
33 Prior to the hearing, the licensee may file affidavits and certified court records for
34 consideration by the administrative hearing commission. The administrative hearing
35 commission may grant a reque st for a continuance but shall in any event hold the
36 hearing within one hundred twenty days of the board's initial filing. The board shall be
37 granted leave to amend its complaint if it is mor e than thirty days prior to the hearing,
38 or within thirty days prior to the hearing upon a showing of good cause.
39 (2) If no cause for discipline is found following an evidentiary hearing, the
40 administrative hearing commission shall issue findings of fact, conclusions of law , and
41 an order terminating the commission's initial order imposing an emergency suspension
42 or res triction of the license.
43 (3) If the administrative hearing commission finds cause for discipline following
44 an evidentiary hearing, the commission shall issue findings of fact and conclusions of
45 law and order the emergency suspension or r estriction to rem ain in full for ce and effect
46 pending a disciplinary hearing before the board. The board shall hold a hearing
47 following the certification of the r ecord by the administrative hearing commission and
48 may impose discipline otherwise authorized by state law .
49 5. Any action under this section shall be in addition to and not in lieu of any
50 discipline otherwise in the board's power to impose and may be brou ght concurr ently
51 with other actions.
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52 6. If the administrative hearing commission does not grant an initial order
53 imposing an emergency suspension or r estriction of the license as described in
54 subsection 3 of this section, the board shall rem ove all ref eren ce to such emergency
55 suspension or res triction fr om its public reco rds.
334.1800. 1. Sections 334.1800 to 334.1860 shall be known and may be cited as
2 the "Physician Assistant Licensure Compact".
3 2. In order to str engthen access to Medical Services, and in r ecognition of the
4 advances in the delivery of Medical Services, the Participating States of the P A
5 Licensur e Compact have allied in common purpose to develop a compr ehensive pro cess
6 that complements the existing authority of State Licensing Boards to license and
7 discipline physician assistants and seeks to enhance the portability of a License to
8 practice as a physician assistant while safeguarding the safety of patients. This
9 Compact allows Medical Services to be prov ided by physician assistants, via the mutual
10 r ecognition of the Licensee's Qualifying License by other Compact Participating States.
11 This Compact also adopts the prevai ling standard for physician assistant licensur e and
12 affirms that the practice and delivery of Medical Services by the physician assistant
13 occurs wher e the patient is located at the time of the patient encounter , and ther efor e
14 r equir es the physician assistant to be under the jurisdiction of the State Licensing Board
15 wher e the patient is located. State Licensing Boards that participate in this Compact
16 r etain the jurisdiction to impose Adverse Action against a Compact Privilege in that
17 State issued to a physician assistant thr ough the pro cedur es of this Compact. The P A
18 Licensur e Compact will alleviate burdens for military families by allowing active duty
19 military personnel and their spouses to obtain a Compact Privilege based on having an
20 unr estricted License in good standing fr om a Participating State.
334.1805. In this Compact:
2 (1) "Adverse Action" means any administrative, civil, equitable, or criminal
3 action permitted by a State's laws which is imposed by a Licensing Board or other
4 authority against a physician assistant License or License application or Compact
5 Privilege such as License denial, censure, revo cation, suspension, pr obation, monitoring
6 of the Licensee, or r estriction on the Licensee's practice.
7 (2) "Compact Privilege" means the authorization granted by a Remote State to
8 allow a Licensee from another Participating State to practice as a physician assistant to
9 pr ovide Medical Services and other licensed activity to a patient located in the Remote
10 State under the Remote State's laws and regu lations.
11 (3) "Conviction" means a finding by a court that an individual is guilty of a
12 felony or misdemeanor offense thr ough adjudication or entry of a plea of guilt or no
13 contest to the charge by the offender .
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14 (4) "Criminal Backgr ound Check" means the submission of fingerprints or
15 other biometric-based information for a License applicant for the purpose of obtaining
16 that applicant's criminal history record information, as defined in 28 C.F .R. § 20.3(d),
17 fr om the State's criminal history r ecord repo sitory as defined in 28 C.F .R. § 20.3(f).
18 (5) "Data System" means the r epository of information about Licensees,
19 including but not limited to License status and Adverse Actions, which is creat ed and
20 administer ed under the terms of this Compact.
21 (6) "Executive Committee" means a group of dir ectors and ex-officio individuals
22 elected or appointed pursuant to subdivision (2) of subsection 6 of section 334.1830.
23 (7) "Impair ed Practitioner" means a physician assistant whose practice is
24 adversely affected by health-re lated condition(s) that impact their ability to practice.
25 (8) "Investigative Information" means information, r ecords, or documents
26 r eceived or generated by a Licensing Board pursuant to an investigation.
27 (9) "Jurisprudence Requirem ent" means the assessment of an individual's
28 knowledge of the laws and Rules governing the practice of a physician assistant in a
29 State.
30 (10) "License" means curren t authorization by a State, other than authorization
31 pursuant to a Compact Privilege, for a physician assistant to prov ide Medical Services,
32 which would be unlawful without curr ent authorization.
33 (1 1) "Licensee" means an individual who holds a License fr om a State to provi de
34 Medical Services as a physician assistant.
35 (12) "Licensing Board" means any State entity authorized to license and
36 otherwise reg ulate physician assistants.
37 (13) "Medical Services" means health care services pr ovided for the diagnosis,
38 pr evention, tr eatment, cur e or relief of a health condition, injury , or disease, as defined
39 by a State's laws and regu lations. The medical services pro vided by a physician
40 assistant to a patient located in Missouri are defined by Missouri's state laws and
41 r egulations.
42 (14) "Model Compact" means the model for the P A Licensure Compact on file
43 with The Council of State Governments or other entity as designated by the
44 Commission.
45 (15) "Participating State" means a State that has enacted this Compact.
46 (16) "P A" or "Physician Assistant" means an individual who is licensed as a
47 physician assistant in a State. For purposes of this Compact, any other title or status
48 adopted by a State to re place the term "physician assistant" shall be deemed
49 synonymous with "physician assistant" and shall confer the same rights and
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50 r esponsibilities to the Licensee under the pr ovisions of this Compact at the time of its
51 enactment.
52 (17) "P A Licensur e Compact Commission," "Compact Commission," or
53 "Commission" mean the national administrative body cr eated pursuant to subsection
54 1 of section 334.1830 of this Compact.
55 (18) "Qualifying License" means an unrest ricted License issued by a
5 6 Participating State to provi de Medical Services as a physician assistant.
57 (19) "Remote State" means a Participating State wher e a Licensee who is not
58 licensed as a physician assistant is exercising or seeking to exerci se the Compact
59 Privilege.
60 (20) "Rule" means a r egulation pr omulgated by an entity that has the for ce and
61 effect of law .
62 (21) "Significant Investigative Information" means Investigative Information
63 that a Licensing Board, after an inquiry or investigation that includes notification and
64 an opportunity for the physician assistant to r espond if requ ired by State law , has
65 r eason to believe is not groun dless and, if proven true, would indicate mor e than a
66 minor infraction.
67 (22) "State" means any state, commonwealth, district, or territory of the United
68 States.
334.1810. 1. T o participate in this Compact, a Participating State shall:
2 (1) License physician assistants.
3 (2) Participate in the Compact Commission's Data System.
4 (3) Have a mechanism in place for receivi ng and investigating complaints
5 against Licensees and License applicants.
6 (4) Notify the Commission, in compliance with the terms of this Compact and
7 Commission Rules, of any Adverse Action against a Licensee or License applicant and
8 the existence of Significant Investigative Information regard ing a Licensee or License
9 applicant.
10 (5) Fully implement a Criminal Backgr ound Check req uire ment, within a time
11 frame established by Commission Rule, by its Licensing Board r eceiving the results of a
12 Criminal Backgr ound Check and reporting to the Commission whether the License
13 applicant has been granted a License.
14 (6) Comply with the Rules of the Compact Commission.
15 (7) Utilize passage of a recog nized national exam such as the NCCP A P ANCE as
16 a req uire ment for physician assistant licensur e.
17 (8) Grant the Compact Privilege to a holder of a Qualifying License in a
18 Participating State.
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19 2. Nothing in this Compact pr ohibits a Participating State fr om charging a fee
20 for granting the Compact Privilege.
334.1815. 1. T o exer cise the Compact Privilege, a Licensee must:
2 (1) Have graduated fr om a physician assistant progra m accr edited by the
3 Accr editation Review Commission on Education for the Physician Assistant, Inc. or
4 other pr ograms authorized by Commission Rule.
5 (2) Hold curr ent NCCP A certification.
6 (3) Have no felony or misdemeanor Conviction.
7 (4) Have never had a controlled substance license, permit, or regi stration
8 suspended or r evoked by a State or by the United States Drug Enfor cement
9 Administration.
10 (5) Have a unique identifier as determined by Commission Rule.
11 (6) Hold a Qualifying License.
12 (7) Have had no rev ocation of a License or limitation or res triction on any
13 License curr ently held due to an adverse action.
14 (8) If a Licensee has had a limitation or res triction on a License or Compact
15 Privilege due to an Adverse Action, two years must have elapsed fr om the date on which
16 the License or Compact Privilege is no longer limited or res tricted due to the Adverse
17 Action.
18 (9) If a Compact Privilege has been r evoked or is limited or restricted in a
19 Participating State for conduct that would not be a basis for disciplinary action in a
20 Participating State in which the Licensee is practicing or applying to practice under a
21 Compact Privilege, that Participating State shall have the discret ion not to consider
22 such action as an Adverse Action req uiring the denial or rem oval of a Compact
23 Privilege in that State.
24 (10) Notify the Compact Commission that the Licensee is seeking the Compact
25 Privilege in a Remote State.
26 (1 1) Meet any Jurisprudence Requirem ent of a Remote State in which the
27 Licensee is seeking to practice under the Compact Privilege and pay any fees applicable
28 to satisfying the Jurisprudence Requirem ent.
29 (12) Report to the Commission any Adverse Action taken by a non-participating
30 State within thirty (30) days after the action is taken.
31 2. The Compact Privilege is valid until the expiration or r evocation of the
32 Qualifying License unless terminated pursuant to an Adverse Action. The Licensee
33 must also comply with all of the re quir ements of subsection 1 of this section to maintain
34 the Compact Privilege in a Remote State. If the Participating State takes Adverse
35 Action against a Qualifying License, the Licensee shall lose the Compact Privilege in any
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36 Remote State in which the Licensee has a Compact Privilege until all of the following
37 occur:
38 (1) The License is no longer limited or restricted; and
39 (2) T wo (2) years have elapsed fr om the date on which the License is no longer
40 limited or res tricted due to the Adverse Action.
41 3. Once a res tricted or limited License satisfies the requ irem ents of subdivisions
42 (1) and (2) of subsection 2 of this section, the Licensee must meet the requ irem ents of
43 subsection 1 of this section to obtain a Compact Privilege in any Remote State.
44 4. For each Remote State in which a physician assistant seeks authority to
45 pr escribe control led substances, the physician assistant shall satisfy all r equir ements
46 imposed by such State in granting or renewi ng such authority .
334.1820. Upon a Licensee's application for a Compact Privilege, the Licensee
2 shall identify to the Commission the Participating State fr om which the Licensee is
3 applying, in accordance with applicable Rules adopted by the Commission, and subject
4 to the following r equir ements:
5 (1) When applying for a Compact Privilege, the Licensee shall pr ovide the
6 Commission with the addr ess of the Licensee's primary res idence and ther eafter shall
7 immediately r eport to the Commission any change in the addr ess of the Licensee's
8 primary resi dence.
9 (2) When applying for a Compact Privilege, the Licensee is req uired to consent
10 to accept service of proc ess by mail at the Licensee's primary res idence on file with the
11 Commission with res pect to any action br ought against the Licensee by the Commission
12 or a Participating State, including a subpoena, with res pect to any action brou ght or
13 investigation conducted by the Commission or a Participating State.
334.1825. 1. A Participating State in which a Licensee is licensed shall have
2 exclusive power to impose Adverse Action against the Qualifying License issued by that
3 Participating State.
4 2. In addition to the other powers conferr ed by State law , a Remote State shall
5 have the authority , in accordance with existing State due process law , to do all of the
6 following:
7 (1) T ake Adverse Action against a physician assistant's Compact Privilege within
8 that State to rem ove a Licensee's Compact Privilege or take other action necessary
9 under applicable law to pr otect the health and safety of its citizens.
10 (2) Issue subpoenas for both hearings and investigations that requ ire the
11 attendance and testimony of witnesses as well as the prod uction of evidence. Subpoenas
12 issued by a Licensing Board in a Participating State for the attendance and testimony of
13 witnesses or the prod uction of evidence fro m another Participating State shall be
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14 enfor ced in the latter State by any court of competent jurisdiction, according to the
15 practice and pr ocedur e of that court applicable to subpoenas issued in proceed ings
16 pending before it. The issuing authority shall pay any witness fees, travel expenses,
17 mileage and other fees req uired by the service statutes of the State in which the
18 witnesses or evidence are located.
19 (3) Notwithstanding subdivision (2) of this subsection, subpoenas may not be
20 issued by a Participating State to gather evidence of conduct in another State that is
21 lawful in that other State for the purpose of taking Adverse Action against a Licensee's
22 Compact Privilege or application for a Compact Privilege in that Participating State.
23 (4) Nothing in this Compact authorizes a Participating State to impose discipline
24 against a physician assistant's Compact Privilege or to deny an application for a
25 Compact Privilege in that Participating State for the individual's otherwise lawful
26 practice in another State.
27 3. For purposes of taking Adverse Action, the Participating State which issued
28 the Qualifying License shall give the same priority and effect to repo rted conduct
29 r eceived fr om any other Participating State as it would if the conduct had occurr ed
30 within the Participating State which issued the Qualifying License. In so doing, that
31 Participating State shall apply its own State laws to determine appr opriate action.
32 4. A Participating State, if otherwise permitted by State law , may recover fr om
33 the affected physician assistant the costs of investigations and disposition of cases
34 r esulting from any Adverse Action taken against that physician assistant.
35 5. A Participating State may take Adverse Action based on the factual findings
36 of a Remote State, pr ovided that the Participating State follows its own pr ocedur es for
37 taking the Adverse Action.
38 6. (1) In addition to the authority granted to a Participating State by its
39 r espective State physician assistant laws and reg ulations or other applicable State law ,
40 any Participating State may participate with other Participating States in joint
41 investigations of Licensees.
42 (2) Participating States shall share any investigative, litigation, or compliance
43 materials in furtherance of any joint or individual investigation initiated under this
44 Compact.
45 7. If an Adverse Action is taken against a physician assistant's Qualifying
46 License, the physician assistant's Compact Privilege in all Remote States shall be
47 deactivated until two (2) years have elapsed after all res trictions have been r emoved
48 fr om the State License. All disciplinary orders by the Participating State which issued
49 the Qualifying License that impose Adverse Action against a physician assistant's
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50 License shall include a Statement that the physician assistant's Compact Privilege is
51 deactivated in all Participating States during the pendency of the order .
52 8. If any Participating State takes Adverse Action, it pr omptly shall notify the
53 administrator of the Data System.
334.1830. 1. The Participating States her eby creat e and establish a joint
2 government agency and national administrative body known as the P A Licensur e
3 Compact Commission. The Commission is an instrumentality of the Compact States
4 acting jointly and not an instrumentality of any one State. The Commission shall come
5 into existence on or after the effective date of the Compact as set forth in subsection 1 of
6 section 334.1850.
7 2. (1) Each Participating State shall have and be limited to one (1) delegate
8 selected by that Participating State's Licensing Board or , if the State has mor e than one
9 Licensing Board, selected collectively by the Participating State's Licensing Boards.
10 (2) The delegate shall be either:
11 (a) A curr ent physician assistant, physician or public member of a Licensing
12 Board or physician assistant Council/Committee; or
13 (b) An administrator of a Licensing Board.
14 (3) Any delegate may be rem oved or suspended fr om office as pro vided by the
15 laws of the State from which the delegate is appointed.
16 (4) The Participating State Licensing Board shall fill any vacancy occurring in
17 the Commission within sixty (60) days.
18 (5) Each delegate shall be entitled to one (1) vote on all matters voted on by the
19 Commission and shall otherwise have an opportunity to participate in the business and
20 affairs of the Commission. A delegate shall vote in person or by such other means as
21 pr ovided in the bylaws. The bylaws may prov ide for delegates' participation in
22 meetings by telecommunications, video confer ence, or other means of communication.
23 (6) The Commission shall meet at least once during each calendar year .
24 Additional meetings shall be held as set forth in this Compact and the bylaws.
25 (7) The Commission shall establish by Rule a term of office for delegates.
26 3. The Commission shall have the following powers and duties:
27 (1) Establish a code of ethics for the Commission;
28 (2) Establish the fiscal year of the Commission;
29 (3) Establish fees;
30 (4) Establish bylaws;
31 (5) Maintain its financial r ecords in accordance with the bylaws;
32 (6) Meet and take such actions as ar e consistent with the pr ovisions of this
33 Compact and the bylaws;
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34 (7) Pr omulgate Rules limited to the Commission's authority to facilitate and
35 coordinate implementation and administration of this Compact. The Rules authorized
36 by the Compact shall have the forc e and effect of law and shall be binding in all
37 Participating States;
38 (8) Bring and prosecute legal pr oceedings or actions in the name of the
39 Commission, pr ovided that the standing of any State Licensing Board to sue or be sued
40 under applicable law shall not be affected;
41 (9) Purchase and maintain insurance and bonds;
42 (10) Borrow , accept, or contract for services of personnel, including, but not
43 limited to, employees of a Participating State;
44 (1 1) Hir e employees and engage contractors, elect or appoint officers, fix
45 compensation, define duties, grant such individuals appr opriate authority to carry out
46 the purposes of this Compact, and establish the Commission's personnel policies and
47 pr ograms relat ing to conflicts of intere st, qualifications of personnel, and other r elated
48 personnel matters;
49 (12) Accept any and all appr opriate donations and grants of money , equipment,
50 supplies, materials and services, and receiv e, utilize and dispose of the same; pr ovided
51 that at all times the Commission shall avoid any appearance of impropri ety or conflict
52 of interes t;
53 (13) Lease, pur chase, accept appr opriate gifts or donations of, or otherwise own,
54 hold, improv e or use, any pro perty , rea l, personal or mixed; pr ovided that at all times
55 the Commission shall avoid any appearance of impropri ety;
56 (14) Sell, convey , mortgage, pledge, lease, exchange, abandon, or otherwise
57 dispose of any pr operty real, personal, or mixed;
58 (15) Establish a budget and make expenditur es;
59 (16) Borrow money;
60 (17) Appoint committees, including standing committees composed of members,
61 State r egulators, State legislators or their re pr esentatives, and consumer
6 2 r epresent atives, and such other interes ted persons as may be designated in this
63 Compact and the bylaws;
64 (18) Pr ovide and r eceive information fr om, and cooperate with, law enforcem ent
65 agencies;
66 (19) Elect a Chair , V ice Chair , Secr etary and T rea sur er and such other officers
67 of the Commission as pr ovided in the Commission's bylaws;
68 (20) Reserve for itself, in addition to those rese rved exclusively to the
69 Commission under the Compact, powers that the Executive Committee may not
70 exer cise;
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71 (21) Appr ove or disappr ove a State's participation in the Compact based upon
72 its determination as to whether the State's Compact legislation departs in a material
73 manner fr om the Model Compact language;
74 (22) Pr epare and pr ovide to the Participating States an annual repo rt; and
75 (23) Perform such other functions as may be necessary or appr opriate to achieve
76 the purposes of this Compact consistent with the State regu lation of physician assistant
77 licensur e and practice.
78 4. (1) All meetings of the Commission that are not closed pursuant to this
79 subsection shall be open to the public. Notice of public meetings shall be posted on the
80 Commission's website at least thirty (30) days prior to the public meeting.
81 (2) Notwithstanding subdivision (1) of this subsection, the Commission may
82 convene a public meeting by pr oviding at least twenty-four (24) hours prior notice on
83 the Commission's website, and any other means as pr ovided in the Commission's Rules,
84 for any of the reas ons it may dispense with notice of pro posed rulemaking under
85 subsection 12 of section 334.1840.
86 (3) The Commission may convene in a closed, non-public meeting or non-public
87 part of a public meeting to recei ve legal advice or to discuss:
88 (a) Non-compliance of a Participating State with its obligations under this
89 Compact;
90 (b) The employment, compensation, discipline or other matters, practices or
91 pr ocedur es rel ated to specific employees or other matters rela ted to the Commission's
92 internal personnel practices and proc edures;
93 (c) Curr ent, thr eatened, or r easonably anticipated litigation;
94 (d) Negotiation of contracts for the purch ase, lease, or sale of goods, services, or
95 r eal estate;
96 (e) Accusing any person of a crime or formally censuring any person;
97 (f) Disclosure of trade secr ets or commer cial or financial information that is
98 privileged or confidential;
99 (g) Disclosur e of information of a personal natur e wher e disclosur e would
100 constitute a clearly unwarranted invasion of personal privacy;
101 (h) Disclosur e of investigative r ecords compiled for law enfor cement purposes;
102 (i) Disclosur e of information re lated to any investigative rep orts pr epar ed by or
103 on behalf of or for use of the Commission or other committee charged with
104 r esponsibility of investigation or determination of compliance issues pursuant to this
105 Compact;
106 (j) Legal advice; or
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107 (k) Matters specifically exempted fr om disclosure by federal or Participating
108 States' statutes.
109 (4) If a meeting, or portion of a meeting, is closed pursuant to this pr ovision, the
110 chair of the meeting or the chair's designee shall certify that the meeting or portion of
111 the meeting may be closed and shall r efer ence each r elevant exempting pr ovision.
112 (5) The Commission shall keep minutes that fully and clearly describe all
113 matters discussed in a meeting and shall pr ovide a full and accurate summary of actions
114 taken, including a description of the views expr essed. All documents consider ed in
115 connection with an action shall be identified in such minutes. All minutes and
116 documents of a closed meeting shall r emain under seal, subject to relea se by a majority
117 vote of the Commission or order of a court of competent jurisdiction.
118 5. (1) The Commission shall pay , or pr ovide for the payment of, the reas onable
119 expenses of its establishment, organization, and ongoing activities.
120 (2) The Commission may accept any and all appr opriate reven ue sources ,
121 donations, and grants of money , equipment, supplies, materials, and services.
122 (3) The Commission may levy on and collect an annual assessment fr om each
123 Participating State and may impose Compact Privilege fees on Licensees of
1 2 4 Participating States to whom a Compact Privilege is granted to cover the cost of the
125 operations and activities of the Commission and its staff, which must be in a total
126 amount sufficient to cover its annual budget as appr oved by the Commission each year
127 for which rev enue is not pr ovided by other sour ces. The aggreg ate annual assessment
128 amount levied on Participating States shall be allocated based upon a formula to be
129 determined by Commission Rule.
130 (a) A Compact Privilege expir es when the Licensee's Qualifying License in the
131 Participating State fr om which the Licensee applied for the Compact Privilege expir es.
132 (b) If the Licensee terminates the Qualifying License thr ough which the Licensee
133 applied for the Compact Privilege before its scheduled expiration, and the Licensee has
134 a Qualifying License in another Participating State, the Licensee shall inform the
135 Commission that it is changing to that Participating State the Participating State
136 thr ough which it applies for a Compact Privilege and pay to the Commission any
137 Compact Privilege fee r equir ed by Commission Rule.
138 (4) The Commission shall not incur obligations of any kind prior to securing the
139 funds adequate to meet the same; nor shall the Commission pledge the cred it of any of
140 the Participating States, except by and with the authority of the Participating State.
141 (5) The Commission shall keep accurate accounts of all re ceipts and
1 4 2 disbursements. The r eceipts and disbursements of the Commission shall be subject
143 to the financial r eview and accounting pr ocedur es established under its bylaws. All
HCS HB 2300 35
144 r eceipts and disbursements of funds handled by the Commission shall be subject to an
145 annual financial r eview by a certified or licensed public accountant, and the r eport of
146 the financial rev iew shall be included in and become part of the annual r eport of the
147 Commission.
148 6. (1) The Executive Committee shall have the power to act on behalf of the
149 Commission according to the terms of this Compact and Commission Rules.
150 (2) The Executive Committee shall be composed of nine (9) members:
151 (a) Seven voting members who ar e elected by the Commission fr om the curr ent
152 membership of the Commission;
153 (b) One ex-officio, nonvoting member fr om a reco gnized national physician
154 assistant profes sional association; and
155 (c) One ex-officio, nonvoting member fr om a recogn ized national physician
156 assistant certification organization.
157 (3) The ex-officio members will be selected by their res pective organizations.
158 (4) The Commission may rem ove any member of the Executive Committee as
159 pr ovided in its bylaws.
160 (5) The Executive Committee shall meet at least annually .
161 (6) The Executive Committee shall have the following duties and res ponsibilities:
162 (a) Recommend to the Commission changes to the Commission's Rules or
163 bylaws, changes to this Compact legislation, fees to be paid by Compact Participating
164 States such as annual dues, and any Commission Compact fee charged to Licensees for
165 the Compact Privilege;
166 (b) Ensur e Compact administration services are appr opriately provi ded,
167 contractual or otherwise;
168 (c) Pr epar e and recomm end the budget;
169 (d) Maintain financial record s on behalf of the Commission;
170 (e) Monitor Compact compliance of Participating States and pr ovide compliance
171 r eports to the Commission;
172 (f) Establish additional committees as necessary;
173 (g) Exercis e the powers and duties of the Commission during the interim
174 between Commission meetings, except for issuing pr oposed rulemaking or adopting
175 Commission Rules or bylaws, or exer cising any other powers and duties exclusively
176 r eserved to the Commission by the Commission's Rules; and
177 (h) Perform other duties as provi ded in the Commission's Rules or bylaws.
178 (7) All meetings of the Executive Committee at which it votes or plans to vote on
179 matters in exer cising the powers and duties of the Commission shall be open to the
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180 public and public notice of such meetings shall be given as public meetings of the
181 Commission are given.
182 (8) The Executive Committee may convene in a closed, non-public meeting for
183 the same r easons that the Commission may convene in a non-public meeting as set forth
184 in subdivision (3) of subsection 4 of this section and shall announce the closed meeting as
185 the Commission is req uired to under subdivision (4) of subsection 4 of this section and
186 keep minutes of the closed meeting as the Commission is requi red to under subdivision
187 (5) of subsection 4 of this section.
188 7. (1) The members, officers, executive director , employees and repr esentatives
189 of the Commission shall be immune fr om suit and liability , both personally and in their
190 official capacity , for any claim for damage to or loss of prop erty or personal injury or
191 other civil liability caused by or arising out of any actual or alleged act, error , or
192 omission that occurr ed, or that the person against whom the claim is made had a
193 r easonable basis for believing occurr ed within the scope of Commission employment,
194 duties or r esponsibilities; prov ided that nothing in this subdivision shall be construed to
195 pr otect any such person fro m suit or liability for any damage, loss, injury , or liability
196 caused by the intentional or willful or wanton misconduct of that person. The
197 pr ocur ement of insurance of any type by the Commission shall not in any way
198 compr omise or limit the immunity granted hereu nder .
199 (2) The Commission shall defend any member , officer , executive direc tor ,
200 employee, and re present ative of the Commission in any civil action seeking to impose
201 liability arising out of any actual or alleged act, err or , or omission that occurred within
202 the scope of Commission employment, duties, or re sponsibilities, or as determined by
203 the commission that the person against whom the claim is made had a r easonable basis
204 for believing occurr ed within the scope of Commission employment, duties, or
205 r esponsibilities; pr ovided that nothing her ein shall be construed to pr ohibit that
206 person fro m ret aining their own counsel at their own expense; and pr ovided further ,
207 that the actual or alleged act, error , or omission did not res ult fr om that person's
208 intentional or willful or wanton misconduct.
209 (3) The Commission shall indemnify and hold harmless any member , officer ,
210 executive dir ector , employee, and repr esentative of the Commission for the amount of
211 any settlement or judgment obtained against that person arising out of any actual or
212 alleged act, err or , or omission that occurre d within the scope of Commission
21 3 employment, duties, or res ponsibilities, or that such person had a r easonable basis
214 for believing occurr ed within the scope of Commission employment, duties, or
215 r esponsibilities, prov ided that the actual or alleged act, erro r , or omission did not
216 r esult fr om the intentional or willful or wanton misconduct of that person.
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217 (4) V enue is prop er and judicial proc eedings by or against the Commission shall
218 be bro ught solely and exclusively in a court of competent jurisdiction wher e the
219 principal office of the Commission is located. The Commission may waive venue and
220 jurisdictional defenses in any proceed ings as authorized by Commission Rules.
221 (5) Nothing herei n shall be construed as a limitation on the liability of any
222 Licensee for profes sional malpractice or misconduct, which shall be governed solely by
223 any other applicable State laws.
224 (6) Nothing her ein shall be construed to designate the venue or jurisdiction to
225 bring actions for alleged acts of malpractice, pr ofessional misconduct, negligence, or
226 other such civil action pertaining to the practice of a physician assistant. All such
227 matters shall be determined exclusively by State law other than this Compact.
228 (7) Nothing in this Compact shall be interpr eted to waive or otherwise abr ogate
229 a Participating State's state action immunity or state action affirmative defense with
230 r espect to antitrust claims under the Sherman Act, Clayton Act, or any other State or
231 federal antitrust or anticompetitive law or regul ation.
232 (8) Nothing in this Compact shall be construed to be a waiver of soverei gn
233 immunity by the Participating States or by the Commission.
334.1835. 1. The Commission shall prov ide for the development, maintenance,
2 operation, and utilization of a coordinated data and r eporting system containing
3 licensur e, Adverse Action, and the rep orting of the existence of Significant Investigative
4 Information on all licensed physician assistants and applicants denied a License in
5 Participating States.
6 2. Notwithstanding any other State law to the contrary , a Participating State
7 shall submit a uniform data set to the Data System on all physician assistants to whom
8 this Compact is applicable (utilizing a unique identifier) as requ ired by the Rules of the
9 Commission, including:
10 (1) Identifying information;
11 (2) Licensure data;
12 (3) Adverse Actions against a License or Compact Privilege;
13 (4) Any denial of application for licensur e, and the reas on or rea sons for such
14 denial (excluding the repo rting of any Criminal history record information wher e
15 pr ohibited by law);
16 (5) The existence of Significant Investigative Information; and
17 (6) Other information that may facilitate the administration of this Compact, as
18 determined by the Rules of the Commission.
19 3. Significant Investigative Information pertaining to a Licensee in any
20 Participating State shall only be available to other Participating States.
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21 4. The Commission shall pr omptly notify all Participating States of any Adverse
22 Action taken against a Licensee or an individual applying for a License that has been
23 r eported to it. This Adverse Action information shall be available to any other
24 Participating State.
25 5. Participating States contributing information to the Data System may , in
26 accordance with State or federal law , designate information that may not be shar ed with
27 the public without the expr ess permission of the contributing State. Notwithstanding
28 any such designation, such information shall be rep orted to the Commission thr ough the
29 Data System.
30 6. Any information submitted to the Data System that is subsequently expunged
31 pursuant to federal law or the laws of the Participating State contributing the
32 information shall be r emoved fr om the Data System upon reporting of such by the
33 Participating State to the Commission.
34 7. The rec ords and information pro vided to a Participating State pursuant to
35 this Compact or thr ough the Data System, when certified by the Commission or an
36 agent ther eof, shall constitute the authenticated business rec ords of the Commission,
37 and shall be entitled to any associated hearsay exception in any re levant judicial, quasi-
38 judicial or administrative pr oceedings in a Participating State.
334.1840. 1. The Commission shall exer cise its Rulemaking powers pursuant to
2 the criteria set forth in this Section and the Rules adopted ther eunder . Commission
3 Rules shall become binding as of the date specified by the Commission for each Rule.
4 2. The Commission shall promul gate reas onable Rules in order to effectively and
5 efficiently implement and administer this Compact and achieve its purposes. A
6 Commission Rule shall be invalid and have no for ce or effect only if a court of
7 competent jurisdiction holds that the Rule is invalid because the Commission exer cised
8 its rulemaking authority in a manner that is beyond the scope of the purposes of this
9 Compact, or the powers granted hereunder , or based upon another applicable standard
10 of review .
11 3. The Rules of the Commission shall have the for ce of law in each Participating
12 State, pro vided however that wher e the Rules of the Commission conflict with the laws
13 of the Participating State that establish the medical services a physician assistant may
14 perform in the Participating State, as held by a court of competent jurisdiction, the
15 Rules of the Commission shall be ineffective in that State to the extent of the conflict.
16 4. If a majority of the legislatur es of the Participating States rej ects a
17 Commission Rule, by enactment of a statute or res olution in the same manner used to
18 adopt this Compact within four (4) years of the date of adoption of the Rule, then such
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19 Rule shall have no further for ce and effect in any Participating State or to any State
20 applying to participate in the Compact.
21 5. Commission Rules shall be adopted at a regu lar or special meeting of the
22 Commission.
23 6. Prior to pr omulgation and adoption of a final Rule or Rules by the
24 Commission, and at least thirty (30) days in advance of the meeting at which the Rule
25 will be consider ed and voted upon, the Commission shall file a Notice of Pr oposed
26 Rulemaking:
27 (1) On the website of the Commission or other publicly accessible platform; and
28 (2) T o persons who have requ ested notice of the Commission's notices of
29 pr oposed rulemaking; and
30 (3) In such other way(s) as the Commission may by Rule specify .
31 7. The Notice of Pr oposed Rulemaking shall include:
32 (1) The time, date, and location of the public hearing on the prop osed Rule and
33 the pro posed time, date and location of the meeting in which the pr oposed Rule will be
34 consider ed and voted upon;
35 (2) The text of the pr oposed Rule and the reas on for the pr oposed Rule;
36 (3) A r equest for comments on the prop osed Rule fr om any interes ted person
37 and the date by which written comments must be receiv ed; and
38 (4) The manner in which interes ted persons may submit notice to the
39 Commission of their intention to attend the public hearing or pr ovide any written
40 comments.
41 8. Prior to adoption of a pro posed Rule, the Commission shall allow persons to
42 submit written data, facts, opinions, and arguments, which shall be made available to
43 the public.
44 9. If the hearing is to be held via electr onic means, the Commission shall publish
45 the mechanism for access to the electr onic hearing.
46 (1) All persons wishing to be heard at the hearing shall as direc ted in the Notice
47 of Pr oposed Rulemaking, not less than five (5) business days befor e the scheduled date
48 of the hearing, notify the Commission of their desire to appear and testify at the hearing.
49 (2) Hearings shall be conducted in a manner provi ding each person who wishes
50 to comment a fair and reas onable opportunity to comment orally or in writing.
51 (3) All hearings shall be r ecorded. A copy of the r ecording and the written
52 comments, data, facts, opinions, and arguments recei ved in res ponse to the pro posed
53 rulemaking shall be made available to a person upon requ est.
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54 (4) Nothing in this section shall be construed as requi ring a separate hearing on
55 each pr oposed Rule. Pr oposed Rules may be gro uped for the convenience of the
56 Commission at hearings req uire d by this section.
57 10. Following the public hearing the Commission shall consider all written and
58 oral comments timely r eceived.
59 1 1. The Commission shall, by majority vote of all delegates, take final action on
60 the prop osed Rule and shall determine the effective date of the Rule, if adopted, based
61 on the Rulemaking record and the full text of the Rule.
62 (1) If adopted, the Rule shall be posted on the Commission's website.
63 (2) The Commission may adopt changes to the pro posed Rule pro vided the
64 changes do not enlarge the original purpose of the pr oposed Rule.
65 (3) The Commission shall prov ide on its website an explanation of the reas ons
66 for substantive changes made to the pr oposed Rule as well as reas ons for substantive
67 changes not made that were recommended by commenters.
68 (4) The Commission shall determine a reas onable effective date for the Rule.
69 Except for an emergency as pr ovided in subsection 12 of this section, the effective date
70 of the Rule shall be no sooner than thirty (30) days after the Commission issued the
71 notice that it adopted the Rule.
72 12. Upon determination that an emergency exists, the Commission may consider
73 and adopt an emergency Rule with twenty-four (24) hours prior notice, without the
74 opportunity for comment, or hearing, provi ded that the usual rulemaking proce dures
75 pr ovided in this Compact and in this section shall be r etr oactively applied to the Rule as
76 soon as rea sonably possible, in no event later than ninety (90) days after the effective
77 date of the Rule. For the purposes of this pr ovision, an emergency Rule is one that must
78 be adopted immediately by the Commission in order to:
79 (1) Meet an imminent thr eat to public health, safety , or welfare;
80 (2) Pr event a loss of Commission or Participating State funds;
81 (3) Meet a deadline for the pro mulgation of a Commission Rule that is
82 established by federal law or Rule; or
83 (4) Pr otect public health and safety .
84 13. The Commission or an authorized committee of the Commission may direct
85 r evisions to a pr eviously adopted Commission Rule for purposes of corr ecting
86 typographical erro rs, err ors in format, erro rs in consistency , or grammatical errors.
87 Public notice of any revision s shall be posted on the website of the Commission. The
88 r evision shall be subject to challenge by any person for a period of thirty (30) days after
89 posting. The revision may be challenged only on gr ounds that the re vision r esults in a
90 material change to a Rule. A challenge shall be made as set forth in the notice of
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91 r evisions and deliver ed to the Commission prior to the end of the notice period. If no
92 challenge is made, the revision will take effect without further action. If the r evision is
93 challenged, the rev ision may not take effect without the appr oval of the Commission.
94 14. No Participating State's rulemaking req uirements shall apply under this
95 Compact.
334.1845. 1. (1) The executive and judicial branches of State government in
2 each Participating State shall enfor ce this Compact and take all actions necessary and
3 appr opriate to implement the Compact.
4 (2) V enue is prop er and judicial proc eedings by or against the Commission shall
5 be bro ught solely and exclusively in a court of competent jurisdiction wher e the
6 principal office of the Commission is located. The Commission may waive venue and
7 jurisdictional defenses to the extent it adopts or consents to participate in alternative
8 dispute reso lution pr oceedings. Nothing herei n shall affect or limit the selection or
9 pr opriety of venue in any action against a licensee for pr ofessional malpractice,
10 misconduct or any such similar matter .
11 (3) The Commission shall be entitled to recei ve service of process in any
12 pr oceeding r egarding the enforcem ent or interpr etation of the Compact or the
13 Commission's Rules and shall have standing to intervene in such a pr oceeding for all
14 purposes. Failur e to pr ovide the Commission with service of pr ocess shall rend er a
15 judgment or order in such proceed ing void as to the Commission, this Compact, or
16 Commission Rules.
17 2. (1) If the Commission determines that a Participating State has defaulted in
18 the performance of its obligations or res ponsibilities under this Compact or the
19 Commission Rules, the Commission shall pr ovide written notice to the defaulting State
20 and other Participating States. The notice shall describe the default, the pro posed
21 means of curing the default and any other action that the Commission may take and
22 shall offer rem edial training and specific technical assistance r egarding the default.
23 (2) If a State in default fails to cur e the default, the defaulting State may be
24 terminated fr om this Compact upon an affirmative vote of a majority of the delegates of
25 the Participating States, and all rights, privileges and benefits conferred by this
26 Compact upon such State may be terminated on the effective date of termination. A
27 cur e of the default does not reli eve the offending State of obligations or liabilities
28 incurr ed during the period of default.
29 (3) T ermination of participation in this Compact shall be imposed only after all
30 other means of securing compliance have been exhausted. Notice of intent to suspend or
31 terminate shall be given by the Commission to the governor , the majority and minority
HCS HB 2300 42
32 leaders of the defaulting State's legislature, and to the Licensing Board(s) of each of the
33 Participating States.
34 (4) A State that has been terminated is res ponsible for all assessments,
35 obligations, and liabilities incurr ed thr ough the effective date of termination, including
36 obligations that extend beyond the effective date of termination.
37 (5) The Commission shall not bear any costs rela ted to a State that is found to be
38 in default or that has been terminated fr om this Compact, unless agre ed upon in writing
39 between the Commission and the defaulting State.
40 (6) The defaulting State may appeal its termination fro m the Compact by the
41 Commission by petitioning the U.S. District Court for the District of Columbia or the
42 federal district wher e the Commission has its principal offices. The pre vailing member
43 shall be awarded all costs of such litigation, including reas onable attorney's fees.
44 (7) Upon the termination of a State's participation in the Compact, the State
45 shall immediately pr ovide notice to all Licensees within that State of such termination:
46 (a) Licensees who have been granted a Compact Privilege in that State shall
47 r etain the Compact Privilege for one hundred eighty (180) days following the effective
48 date of such termination.
49 (b) Licensees who are licensed in that State who have been granted a Compact
50 Privilege in a Participating State shall reta in the Compact Privilege for one hundr ed
51 eighty (180) days unless the Licensee also has a Qualifying License in a Participating
52 State or obtains a Qualifying License in a Participating State before the one hundr ed
53 eighty (180)-day period ends, in which case the Compact Privilege shall continue.
54 3. (1) Upon req uest by a Participating State, the Commission shall attempt to
55 r esolve disputes rela ted to this Compact that arise among Participating States and
56 between participating and non-Participating States.
57 (2) The Commission shall pr omulgate a Rule prov iding for both mediation and
58 binding dispute r esolution for disputes as appr opriate.
59 4. (1) The Commission, in the rea sonable exerc ise of its discr etion, shall enforce
60 the pro visions of this Compact and Rules of the Commission.
61 (2) If compliance is not secure d after all means to secure compliance have been
62 exhausted, by majority vote, the Commission may initiate legal action in the United
63 States District Court for the District of Columbia or the federal district wher e the
64 Commission has its principal offices, against a Participating State in default to enforce
65 compliance with the prov isions of this Compact and the Commission's pr omulgated
66 Rules and bylaws. The r elief sought may include both injunctive reli ef and damages. In
67 the event judicial enforcem ent is necessary , the prevai ling party shall be awarded all
68 costs of such litigation, including r easonable attorney's fees.
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69 (3) The r emedies her ein shall not be the exclusive rem edies of the Commission.
70 The Commission may pursue any other rem edies available under federal or State law .
71 5. (1) A Participating State may initiate legal action against the Commission in
72 the U.S. District Court for the District of Columbia or the federal district wher e the
73 Commission has its principal offices to enforce compliance with the pr ovisions of the
74 Compact and its Rules. The relief sought may include both injunctive r elief and
75 damages. In the event judicial enfor cement is necessary , the pr evailing party shall be
76 awarded all costs of such litigation, including reas onable attorney's fees.
77 (2) No person other than a Participating State shall enforce this Compact against
78 the Commission.
334.1850. 1. This Compact shall come into effect on the date on which this
2 Compact statute is enacted into law in the seventh Participating State.
3 (1) On or after the effective date of the Compact, the Commission shall convene
4 and rev iew the enactment of each of the States that enacted the Compact prior to the
5 Commission convening ("Charter Participating States") to determine if the statute
6 enacted by each such Charter Participating State is materially differe nt than the Model
7 Compact.
8 (a) A Charter Participating State whose enactment is found to be materially
9 differ ent fr om the Model Compact shall be entitled to the default pr ocess set forth in
10 subsection 2 of section 334.1845.
11 (b) If any Participating State later withdraws fr om the Compact or its
12 participation is terminated, the Commission shall r emain in existence and the Compact
13 shall rem ain in effect even if the number of Participating States should be less than
14 seven. Participating States enacting the Compact subsequent to the Commission
15 convening shall be subject to the pr ocess set forth in subdivision (21) of subsection 3 of
16 section 334.1830 to determine if their enactments are materially differ ent from the
17 Model Compact and whether they qualify for participation in the Compact.
18 (2) Participating States enacting the Compact subsequent to the seven initial
19 Charter Participating States shall be subject to the pr ocess set forth in subdivision (21)
20 of subsection 3 of section 334.1830 to determine if their enactments ar e materially
21 differ ent fr om the Model Compact and whether they qualify for participation in the
22 Compact.
23 (3) All actions taken for the benefit of the Commission or in furtherance of the
24 purposes of the administration of the Compact prior to the effective date of the Compact
25 or the Commission coming into existence shall be considere d to be actions of the
26 Commission unless specifically r epudiated by the Commission.
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27 2. Any State that joins this Compact shall be subject to the Commission's Rules
28 and bylaws as they exist on the date on which this Compact becomes law in that State.
29 Any Rule that has been pr eviously adopted by the Commission shall have the full for ce
30 and effect of law on the day this Compact becomes law in that State.
31 3. Any Participating State may withdraw fr om this Compact by enacting a
32 statute repeal ing the same.
33 (1) A Participating State's withdrawal shall not take effect until one hundr ed
34 eighty (180) days after enactment of the r epealing statute. During this one hundr ed
35 eighty (180) day-period, all Compact Privileges that wer e in effect in the withdrawing
36 State and wer e granted to Licensees licensed in the withdrawing State shall rem ain in
37 effect. If any Licensee licensed in the withdrawing State is also licensed in another
38 Participating State or obtains a license in another Participating State within the one
39 hundr ed eighty (180) days, the Licensee's Compact Privileges in other Participating
40 States shall not be affected by the passage of the one hundred eighty (180) days.
41 (2) W ithdrawal shall not affect the continuing r equir ement of the State
42 Licensing Board(s) of the withdrawing State to comply with the investigative, and
43 Adverse Action rep orting req uirements of this Compact prior to the effective date of
44 withdrawal.
45 (3) Upon the enactment of a statute withdrawing a State fro m this Compact, the
46 State shall immediately provi de notice of such withdrawal to all Licensees within that
47 State. Such withdrawing State shall continue to reco gnize all licenses granted pursuant
48 to this Compact for a minimum of one hundr ed eighty (180) days after the date of such
49 notice of withdrawal.
50 4. Nothing contained in this Compact shall be construed to invalidate or pr event
51 any physician assistant licensur e agreement or other cooperative arrangement between
52 Participating States and between a Participating State and non-Participating State that
53 does not conflict with the pro visions of this Compact.
54 5. This Compact may be amended by the Participating States. No amendment to
55 this Compact shall become effective and binding upon any Participating State until it is
56 enacted materially in the same manner into the laws of all Participating States as
57 determined by the Commission.
334.1855. 1. This Compact and the Commission's rulemaking authority shall be
2 liberally construed so as to effectuate the purposes, and the implementation and
3 administration of the Compact. Pr ovisions of the Compact expr essly authorizing or
4 r equiring the promulg ation of Rules shall not be construed to limit the Commission's
5 rulemaking authority solely for those purposes.
HCS HB 2300 45
6 2. The pr ovisions of this Compact shall be severable and if any phrase, clause,
7 sentence or provi sion of this Compact is held by a court of competent jurisdiction to be
8 contrary to the constitution of any Participating State, a State seeking participation in
9 the Compact, or of the United States, or the applicability ther eof to any government,
10 agency , person or circ umstance is held to be unconstitutional by a court of competent
11 jurisdiction, the validity of the rem ainder of this Compact and the applicability ther eof
12 to any other government, agency , person or circu mstance shall not be affected ther eby .
13 3. Notwithstanding subsection 2 of this section, the Commission may deny a
14 State's participation in the Compact or , in accordance with the r equir ements of
15 subsection 2 of section 334.1845, terminate a Participating State's participation in the
16 Compact, if it determines that a constitutional re quir ement of a Participating State is, or
17 would be with res pect to a State seeking to participate in the Compact, a material
18 departur e from the Compact. Otherwise, if this Compact shall be held to be contrary to
19 the constitution of any Participating State, the Compact shall r emain in full for ce and
20 effect as to the rem aining Participating States and in full for ce and effect as to the
21 Participating State affected as to all severable matters.
334.1860. 1. Nothing her ein pr events the enfor cement of any other law of a
2 Participating State that is not inconsistent with this Compact.
3 2. Any laws in a Participating State in conflict with this Compact are superseded
4 to the extent of the conflict.
5 3. All agreements between the Commission and the Participating States are
6 binding in accordance with their terms.
334.1900. 1. Sections 334.1900 to 334.1939 shall be known and cited as the
2 Athletic T rainer Compact. The purposes of this compact are to expand mobility of
3 Athletic T raining practice and improve public access to services by prov iding qualified
4 Licensed Athletic T rainers the ability to practice in other Member States. This compact
5 pr eserves the r egulatory authority of States to pr otect public health and safety thr ough
6 the curre nt system of State licensur e.
7 2. This compact is designed to achieve the following objectives:
8 (1) Increas e public access to Athletic T raining and enhance continuity of care by
9 pr oviding for the mutual reco gnition of other Licenses issued by Member States;
10 (2) Pr ovide an additional streamli ned opportunity for interstate practice by
11 Licensed Athletic T rainers who meet compact uniform requ irem ents;
12 (3) Pr omote mobility and workforce development by eliminating the necessity
13 for Licenses in multiple States by pr oviding for the mutual recogn ition of other Licenses
14 issued by Member States;
HCS HB 2300 46
15 (4) Reduce administrative burdens on Licensed Athletic T rainers and Member
16 States;
17 (5) Enhance the States' ability to pr otect the public's health and safety;
18 (6) Encourage the cooperation of Member States in r egulating interstate practice
19 of Licensed Athletic T rainers;
20 (7) Support relo cating Active Military Members and their spouses;
21 (8) Enhance the exchange of licensure , investigative, and disciplinary
2 2 information among Member States;
23 (9) Allow for the use of telehealth to facilitate incr eased access to Athletic
24 T raining services;
25 (10) Support the uniformity of Licensed Athletic T rainer licensur e r equir ements
26 thr oughout the States;
27 (1 1) Affirm the authority of all Member States to hold a Licensed Athletic
28 T rainer accountable for abiding by the Scope of Practice in the State in which the
29 patient is located at the time of care; and
30 (12) Require adher ence to the Model Compact Language in order to pro mote
31 uniformity and ensure that all Member States have accepted and are mutually obligated
32 to the same terms.
334.1903. As used in this compact, unless the context r equir es otherwise, the
2 following definitions shall apply:
3 (1) "Active Military Member" means any individual with full-time duty status in
4 the active armed for ces of the United States, including members of the National Guard
5 and Reserve.
6 (2) "Adverse Action" means any administrative, civil, equitable or criminal
7 action permitted by a State's laws which is imposed by a Licensing Authority or other
8 authority against a Licensee, including actions against an individual's License or
9 Compact Privilege such as revocation , suspension, pr obation, monitoring of the
10 Licensee, limitation on the Licensee's practice, or any other Encumbrance on licensur e
11 affecting a Licensee's authorization to practice.
12 (3) "Alternative Pr ogram" means a non-disciplinary monitoring or practice
13 r emediation pr ocess applicable to an Athletic T rainer appr oved by a State Licensing
14 Authority of a Member State in which the Athletic T rainer is licensed. This includes,
15 but is not limited to, pr ograms to which Licensees with substance use, addiction, or
16 mental health conditions are ref erred in lieu of Adverse Action.
17 (4) "Athletic T raining" means the pr evention, examination, assessment,
18 tr eatment and r ehabilitation of emergent, acute, or chron ic injuries and medical
19 conditions as defined by applicable Member State laws and regu lations.
HCS HB 2300 47
20 (5) "Athletic T rainer Compact Commission" or "Compact Commission" means
21 the government agency whose membership consists of all States that have enacted this
22 compact, as described her ein and which shall operate as an instrumentality of the
23 Member States to administer and implement the compact according to its terms.
24 (6) "BOC" means the Board of Certification, Inc. or any successor organization
25 ther eto.
26 (7) "CAA TE" means the Commission on Accred itation of Athletic T raining
27 Education or any successor organization ther eto.
28 (8) "Charter Member State" means any Member State which enacted and made
29 effective this compact by law befor e the compact effective date specified herein .
30 (9) "Commissioner" means the individual appointed by a Member State to serve
31 as the member of the Commission for that Member State.
32 (10) "Compact Privilege" means the legal authorization granted by a Remote
33 State, equivalent to a License, allowing a Licensee fr om another Member State to
34 pr ovide Athletic T raining services in a Remote State.
35 (1 1) "Compact Qualifying License" means a License that is not an Encumber ed
36 License issued by a Member State to practice Athletic T raining which qualifies the
37 Licensee to exer cise a Compact Privilege pursuant to section 334.1909.
38 (12) "Continuing Competence" means a requ irem ent, as a condition of License
39 r enewal, to pr ovide evidence of successful participation, and completion of, educational
40 and pr ofessional activities releva nt to practice or area of work. For purposes of this
41 compact, evidence of active BOC certification may satisfy the meaning of Continuing
42 Competence as set forth her ein.
43 (13) "Current Significant Investigative Information" means the existence of:
44 (a) Investigative Information that a Licensing Authority , after a pr eliminary
45 inquiry that includes notification and an opportunity for the subject Licensee to
46 r espond, if requi red by State law , has rea son to believe is not gr oundless and, if prov en
47 true, would indicate mor e than a minor infraction; or
48 (b) Investigative Information that indicates that the subject Licensee rep res ents
49 an immediate thr eat to public health and safety r egardless of whether the subject
50 Licensee has been notified and had an opportunity to res pond.
51 (14) "Criminal Backgr ound Check" means the submission of fingerprints or
52 other biometric-based information for a License applicant for the purpose of obtaining
53 that applicant's criminal history reco rd information, as defined in 28 C.F .R. § 20.3(d)
54 fr om the Federal Burea u of Investigation and the State's criminal history rec ord
55 r epository as defined in 28 C.F .R. § 20.3(f).
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56 (15) "Data System" means the Commission's r epository of information about
57 Licensees, including but not limited to examination, licensur e, investigative, Compact
58 Privilege, Adverse Action, and Alternative Pro gram.
59 (16) "Encumbrance" or "Encumber ed" means a r evocation or suspension of, or
60 any limitation or condition on, the full and unr estricted practice of Athletic T raining.
61 (17) "Executive Committee" means a grou p of commissioners elected or
62 appointed to act on behalf of, and within the powers granted to them by , the compact
63 and Commission.
64 (18) "Investigative Information" means information, record s, and documents
65 r eceived or generated by a Licensing Authority pursuant to an investigation.
66 (19) "Jurisprudence Requireme nt" means the assessment of an individual's
67 knowledge of the laws and Rules governing the practice of Athletic T raining, as
68 applicable, in a State.
69 (20) "License" means curr ent authorization by a Member State to engage in the
70 practice of Athletic T raining.
71 (21) "Licensee" or "Licensed Athletic T rainer" means an individual who
72 curr ently holds an active, unr estricted License and who meets all of the r equir ements
73 outlined in section 334.1909.
74 (22) "Licensing Authority" means the board or agency of a State, or equivalent,
75 that is res ponsible for the licensing and r egulation of Athletic T rainers.
76 (23) "Model Compact Language" means the model language for the Athletic
77 T rainer Compact on file with The Council of State Governments or other entity as
78 designated by the Commission to which all Member States must substantively adher e
79 and adopt.
80 (24) "Member State" means a State that has enacted the compact.
81 (25) "Remote State" means a Member State other than the State of Qualifying
82 Licensur e.
83 (26) "Rule" means a r egulation promul gated by an authorized entity that has
84 the for ce of law .
85 (27) "Scope of Practice" means the proced ures, actions, and pro cesses an
86 Athletic T rainer licensed in a State is permitted to undertake in that State and the
87 cir cumstances under which the Licensee is permitted to undertake those proced ures,
88 actions and process es. Such proc edures, actions and pr ocesses and the cir cumstances
89 under which they may be undertaken may be established thr ough means, including, but
90 not limited to, statute, r egulations, case law , and other pr ocesses available to the State
91 Licensing Authority or other government agency . Scope of Practice shall include any
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92 State requ irem ents regar ding supervision or dir ection, if r equir ed by such State and as
93 further defined by such State's statutes and reg ulations.
94 (28) "Single State License" means a License issued by any State that authorizes
95 practice only within the issuing State.
96 (29) "State" means any state, commonwealth, district, or territory of the United
97 States of America.
98 (30) "State of Qualifying Licensur e" means the Member State who has issued a
99 Compact Qualifying License to a Licensee pursuant to this compact.
100 (31) "Unencumber ed License" means a License that authorizes a Licensee to
101 engage in the full and unr estricted practice of Athletic T raining.
334.1906. 1. T o be eligible to join this compact and to maintain eligibility as a
2 Member State, a State must:
3 (1) Enact and maintain a statute that is not materially differ ent fro m the Model
4 Compact Language;
5 (2) License and r egulate the practice of Athletic T raining;
6 (3) Require that Licensees in that State maintain Continuing Competence
7 standards as part of their State practice act or Rules;
8 (4) Have a mechanism in place for receivi ng and investigating complaints about
9 Licensees;
10 (5) Grant the Compact Privilege to a Licensee who meets all the r equir ements
11 outlined in section 334.1909 in accordance with the terms of the compact and any Rules
12 pr omulgated ther eunder;
13 (6) Participate fully in the Compact Commission's Data System, including using
14 the unique identifier as defined in Rules;
15 (7) Notify the Compact Commission, in compliance with the terms of the
16 Compact and Rules, of any Adverse Action or the availability of Curren t Significant
17 Investigative Information regard ing a Licensee;
18 (8) W ithin a time frame established by Rule, implement or utilize proced ures for
19 considering the criminal history reco rds of applicants for a Compact Qualifying License
20 which includes r eceiving the res ults of the Federal Bur eau of Investigation record sear ch
21 and shall use those res ults in making licensur e decisions. These pr ocedur es shall include
22 the submission of fingerprints or other biometric-based information by applicants for
23 the purpose of obtaining an applicant's criminal history reco rd information fr om the
24 Federal Bure au of Investigation and the agency res ponsible for ret aining that State's
25 criminal record s; and
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26 (a) A Member State must fully implement a Criminal Backgr ound Check
27 r equir ement in order to participate in the issuance and acceptance of Compact
28 Privileges.
29 (b) Communication between a Member State and the Compact Commission or
30 among Member States r egarding the verification of eligibility for licensur e thr ough the
31 compact shall not include any information receiv ed fr om the Federal Bur eau of
32 Investigation r elating to a federal criminal reco rds check performed by a Member
33 State;
34 (9) Comply with and enfor ce the Rules of the Compact Commission.
35 2. Member States may set and collect a fee for issuance and renewa l of a
36 Compact Privilege to applicants.
37 3. Individuals without a Compact Qualifying License shall continue to be able to
38 apply for a Member State's Single-State License as pr ovided under the laws of each
39 Member State.
40 4. Nothing in this compact shall affect the req uirements established by a
41 Member State for the issuance of a Single State License.
42 5. A Compact Qualifying License shall be re cognized by each Remote State as
43 authorizing that Licensee to engage in the practice of Athletic T raining, under a
44 Compact Privilege, in another Member State in accordance with the req uire ments in
45 section 334.1909.
334.1909. 1. T o be eligible for a Compact Privilege under the terms and
2 pr ovisions of the compact, the Licensee shall complete a Criminal Backgr ound Check
3 performed by the Licensing Authority in the State of Qualifying Licensure prior to
4 entry in the compact and shall:
5 (1) Satisfy one of the following two pathways:
6 (a) Hold a valid curren t active certification thr ough the BOC, or its successor
7 organization; or
8 (b) If a Licensee does not meet the req uirements of paragraph (a) of this
9 subdivision, the following must be completed:
10 a. An education pr ogram which is either:
11 (i) At least a bachelor's degr ee with a major course of study in Athletic T raining,
12 or an equivalent course of study fro m a college or university accr edited at the time of
13 graduation by CAA TE, or its successor organization;
14 (ii) An academic degree fr om a college or university in a for eign country
15 equivalent to the degr ee described in item (i) of this subparagraph with a major course
16 of study as described in item (i) of this subparagraph that is accred ited by CAA TE, or
17 its successor organization; or
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18 (iii) The substantial equivalent of the for egoing which the Commission may
19 determine by Rule.
20 b. Successful completion of the exam administered by the BOC, or its successor
21 organization, pr eceding the date of the Licensee's application for Licensure in their
22 State of Qualifying Licensur e or the substantial equivalent of the for egoing req uirement
23 which the Commission may determine by Rule;
24 (2) Hold a Compact Qualifying License;
25 (3) Have not had any Encumbrance against any license or Compact Privilege to
26 practice Athletic T raining within the pr evious two (2) years;
27 (4) Be eligible for a Compact Privilege in any Member State in accordance with
28 section 334.1909;
29 (5) Notify the Compact Commission that the Licensee is seeking the Compact
30 Privilege within a Remote State or States;
31 (6) Pay any applicable fees, including any State fee, for the Compact Privilege;
32 (7) Meet only the Continuing Competence requi rem ents established by the State
33 of Qualifying Licensure;
34 (8) Comply with any r equir ements of the State of Qualifying Licensur e as set
35 forth in section 334.1906;
36 (9) Meet any Jurisprudence Requirem ents established by the Remote State or
37 States in which the Licensee is seeking a Compact Privilege; and
38 (10) Report to the Compact Commission any Adverse Action, Encumbrance, or
39 r estriction on a license taken by any non-Member State within 30 days from the date the
40 action is taken.
41 2. The Compact Privilege is valid until the expiration date of the Compact
42 Qualifying License. T o maintain a Compact Privilege, r enewal of the Compact Privilege
43 shall be congruent with the ren ewal of the Compact Qualifying License as the Compact
44 Commission may define by Rule. The Licensee must comply with the requi rem ents of
45 this section to maintain the Compact Privilege in the Remote State. A Licensee may
46 apply for and hold Compact Privileges in multiple Member States.
47 3. A Licensed Athletic T rainer must follow the Scope of Practice of the Member
48 State where the patient is located. A Licensee engaging in the practice of Athletic
49 T raining in a Remote State under the Compact Privilege shall adher e to the Scope of
50 Practice laws and regul ations of the Remote State. Licensees shall be res ponsible for
51 educating themselves on, and complying with, any and all Scope of Practice laws and
52 r egulations and State laws relat ing to the re mote practice of Athletic T raining, as
53 applicable.
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54 4. A Licensee engaging in the practice of Athletic T raining in a Remote State is
55 subject to that State's r egulatory authority . A Remote State may , in accordance with
56 due pro cess and that State's laws, rem ove a Licensee's Compact Privilege in the Remote
57 State for a specific period of time, impose fines, or take any other necessary actions to
58 pr otect the health and safety of its citizens. Any Member State which undertakes such
59 an action shall pr omptly notify the Member State and the Commission as specified in
60 the Rules. The Licensee may be deemed to be ineligible to exer cise the Compact
61 Privilege by any Member State until the specific time for r emoval has passed and all
62 fines are paid.
63 5. All Member State disciplinary orders that impose Adverse Action against a
64 Compact Qualifying License shall res ult in deactivation of the Licensee's Compact
65 Privilege in all Member States during the pendency of the order . If a Compact
66 Qualifying License is Encumber ed, the Licensee shall lose the Compact Privilege in any
67 Remote State until the following occur:
68 (1) The Compact Qualifying License is no longer Encumbered ; and
69 (2) The Licensee has not had any Encumbrance or r estriction against any
70 License, Compact Qualifying License or Compact Privilege within the previ ous two (2)
71 years.
72 6. Once an Encumber ed License is r estored to good standing as a Compact
73 Qualifying License (as certified by the Licensing Authority), the Licensee must meet the
74 r equir ements of this section to obtain a Compact Privilege in any Remote State.
75 7. If a Licensee's Compact Privilege in any Remote State is rem oved, that
76 Licensee may also lose the Compact Privilege in other Remote States, as each Member
77 State shall determine in its sole authority , until the following occur:
78 (1) The specific period of time for which the Compact Privilege was rem oved has
79 ended;
80 (2) All fines have been paid; and
81 (3) Have not had any Encumbrance or res triction against any License or
82 Compact Privilege within the previ ous two (2) years.
83 8. Once the req uirements of subsection 7 of this section have been met, the
84 Licensee must meet the r equir ements in subsection 1 of this section to obtain a Compact
85 Privilege in a Remote State.
334.1912. 1. A Licensee may only designate one License as their Compact
2 Qualifying License at a time. The proced ures for such designation may be further
3 defined by Compact Commission Rule.
4 2. Nothing in this Section shall requi re that the State of Qualifying Licensur e be
5 the State of primary res idence or State of primary practice for the Licensee.
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6 3. Nothing in this Compact shall interfer e with a Licensee's ability to hold a
7 Single State License in multiple States.
8 4. Nothing in this Compact shall affect the r equir ements established by a
9 Member State for the issuance of a Single State License.
334.1915. An Active Military Member or their spouse shall not be requi red to
2 pay a fee to the Commission for a Compact Privilege. If a Member State chooses to
3 charge a Member State fee, it may choose to charge a red uced fee or no fee to an Active
4 Military Member or their spouse for a Compact Privilege.
334.1918. 1. A Member State in which a Licensee is issued a Compact
2 Qualifying License shall have the exclusive authority to impose Adverse Action against
3 the Compact Qualifying License issued by that Member State.
4 2. A Member State may take Adverse Action based on Curr ent Significant
5 Investigative Information of a Remote State, so long as the Member State follows its
6 own proced ures for imposing Adverse Action.
7 3. Nothing in this compact shall override a Member State's decision that
8 participation in an Alternative Pr ogram may be used in lieu of Adverse Action and that
9 such participation shall re main non-public if req uired by the Member State's laws or
10 Rules.
11 4. A Remote State shall have the authority to:
12 (1) T ake Adverse Actions as set forth her ein against a Licensee's Compact
13 Privilege in that State; and
14 (2) Issue subpoenas for both hearings and investigations that requ ire the
15 attendance and testimony of witnesses as well as the prod uction of evidence.
16 (a) Subpoenas may be issued by a Member State Athletic T raining Licensing
17 Authority for the attendance and testimony of witnesses and the pro duction of evidence.
18 (b) A Member State which issues a subpoena may requ est service of that
19 subpoena by another Member State. The Member State receivi ng the r equest to serve a
20 subpoena shall serve the subpoena if it is deemed enforceabl e by a court of competent
21 jurisdiction according to the practice and proced ure in the recei ving Member State.
22 (c) The issuing authority shall pay any witness fees, travel expenses, mileage, and
23 other fees requ ired by the service statutes of the State where the witnesses or evidence
24 ar e located.
25 5. For purposes of taking Adverse Action, a Member State shall give the same
26 priority and effect to r eported conduct receiv ed fr om another Member State as it would
27 if the conduct had occurr ed within that State. In so doing, the investigating Member
28 State shall apply its own State laws to determine appr opriate action.
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29 6. A Member State, if otherwise permitted by State law , may reco ver fr om the
30 affected Licensee the costs of investigations and dispositions of cases res ulting fr om any
31 Adverse Action taken against that Licensee.
32 7. (1) In addition to the authority granted to a Member State by its res pective
33 State law , any Member State may participate with other Member States in joint
34 investigations of Licensees.
35 (2) Member States shall shar e any Curr ent Significant Investigative
3 6 Information, litigation, or compliance materials in furtherance of any joint or
37 individual investigation initiated under the compact. In sharing such information
38 between Member State Athletic T rainer Licensing Authorities, all information obtained
39 shall be kept confidential, except as otherwise mutually agreed upon by the sharing and
40 r eceiving Member States.
41 (3) A Remote State may issue subpoenas on behalf of a Member State for both
42 hearings and investigations that req uire the attendance and testimony of witnesses as
43 well as the pr oduction of evidence.
44 8. If a Member State takes Adverse Action, it shall prompt ly notify the
45 administrator of the Data System. The administrator of the Data System shall pr omptly
46 notify all Member States of any Adverse Actions by Remote States.
47 9. Nothing in this compact may permit a Member State to take any Adverse
48 Action against a Licensee or holder of a Compact Privilege for conduct or practice
49 occurring in another Member State that was legal in the Member State at the time it
50 was undertaken.
334.1921. 1. The compact Member States her eby creat e and establish a joint
2 government agency whose membership consists of all Member States that have enacted
3 the compact known as the Athletic T rainer Licensure Compact Commission. The
4 Compact Commission is an instrumentality of the Member States acting jointly and not
5 an instrumentality of any one State. The Compact Commission shall come into
6 existence on or after the effective date of the Compact as set forth in section 334.1933.
7 2. (1) Each Member State shall have and be limited to one (1) Commissioner
8 selected by that Member State's Licensing Authority within 60 days of the Member
9 State's effective date.
10 (2) The Commissioner shall be an administrator or their designated staff or
11 curr ent board member of the Licensing Authority .
12 (3) The Compact Commission may recomm end rem oval or suspension of any
13 Commissioner fr om office.
14 (4) A Member State's Licensing Authority shall fill any vacancy of its
15 Commissioner occurring on the Compact Commission within 60 days of the vacancy .
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16 (5) Each Commissioner shall be entitled to one vote on all matters before the
17 Compact Commission req uiring a vote by the Commissioners.
18 (6) The Compact Commission shall meet at least once during each calendar year .
19 Additional meetings may be held as set forth in the Commission bylaws. A
20 Commissioner shall vote in person or by such other means as prov ided in the bylaws.
21 The bylaws may prov ide for Commissioners to meet by telecommunication,
2 2 videoconfer ence, or other means of communication.
23 3. The Compact Commission shall have the following powers:
24 (1) Pr omulgate, adopt, and amend Rules and bylaws;
25 (2) Establish code of conduct, confidentiality , and conflict of interes t policies for
26 Commissioners;
27 (3) Establish the fiscal year of the Compact Commission;
28 (4) Maintain its financial r ecords in accordance with the bylaws;
29 (5) Purchase and maintain insurance and insurance bonds;
30 (6) Accept, or contract for services of personnel, including, but not limited to,
31 employees of a Member State;
32 (7) Conduct a financial revi ew or audit;
33 (8) Hir e employees, elect or appoint officers, fix compensation, define duties,
34 grant such individuals appr opriate authority to carry out the purposes of the Compact,
35 and establish the Compact Commission's personnel policies and pr ograms relat ing to
36 conflicts of interes t, qualifications of personnel, and other r elated personnel matters;
37 (9) Enter into contracts or arrangements for the management of the affairs of
38 the Commission;
39 (10) Assess and collect fees;
40 (1 1) Accept any and all appr opriate gifts, donations, grants of money , other
41 sour ces of r evenue, equipment, supplies, materials, and services, and receive, utilize, and
42 dispose of the same; pr ovided that at all times the Compact Commission shall avoid any
43 appearance of improp riety or conflict of inter est;
44 (12) Lease, purch ase, reta in, own, hold, improve , invest, or use any pr operty ,
45 r eal, personal, or mixed, or any undivided interes t ther ein;
46 (13) Sell, convey , mortgage, pledge, lease, exchange, abandon, or otherwise
47 dispose of any pr operty real, personal, or mixed;
48 (14) Establish a budget and make expenditur es;
49 (15) Borrow and invest money;
50 (16) Meet and take such actions as are consistent with the pr ovisions of this
51 compact, the Compact Commission's Rules, and the bylaws;
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52 (17) Initiate and conclude legal pr oceedings or actions in the name of the
53 Compact Commission, prov ided that the standing of any Licensing Authority to sue or
54 be sued under applicable law shall not be affected;
55 (18) Maintain and certify r ecords and information pr ovided to a Member State
56 as the authenticated business record s of the Compact Commission, and designate an
57 agent to do so on the Compact Commission's behalf;
58 (19) Pr ovide and r eceive information fr om, and cooperate with, law enforcem ent
59 agencies;
60 (20) Determine whether a State's adopted language is materially differ ent fr om
61 the Model Compact Language such that the State would not qualify for participation in
62 the compact;
63 (21) Establish and elect an Executive Committee, including a chair and a vice
64 chair , secr etary , tr easur er , and such other offices as the Commission shall establish by
65 Rule or bylaw;
66 (22) Appoint committees, including standing committees, composed of Member
67 State Commissioners, State regu lators, State legislators or their repr esentatives, and
68 consumer r epresent atives, and such other interes ted persons as may be designated in
69 this compact and the bylaws; and
70 (23) Perform such other functions as may be necessary or appr opriate to achieve
71 the purposes of this compact.
72 4. (1) The Executive Committee shall have the power to act on behalf of the
73 Compact Commission according to the terms of this compact. The powers, duties, and
74 r esponsibilities of the Executive Committee shall include:
75 (a) Exer cise the powers and duties of the Compact Commission during the
76 interim between Compact Commission meetings, except for adopting or amending
77 Rules, adopting or amending bylaws, and exerci sing any other powers and duties
78 expr essly r eserved to the Compact Commission by Rule or bylaw;
79 (b) Oversee the day-to-day activities of the administration of the Compact
80 including enforcem ent and compliance with the pr ovisions of the Compact, its Rules and
81 bylaws, and other such duties as deemed necessary;
82 (c) Recommend to the Compact Commission changes to the Rules or bylaws,
83 changes to this compact legislation, fees charged to Compact Member States, fees
84 charged to Licensees, and other fees;
85 (d) Ensur e compact administration services are appr opriately pro vided,
86 including by contract;
87 (e) Pr epar e and recomm end the budget;
88 (f) Maintain financial recor ds on behalf of the Compact Commission;
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89 (g) Monitor compact compliance of Member States and pr ovide compliance
90 r eports to the Compact Commission;
91 (h) Establish additional committees as necessary; and
92 (i) Other duties as prov ided in the Rules or bylaws of the Compact Commission.
93 (2) The Executive Committee shall be composed of five voting members, elected
94 by the Compact Commission:
95 (a) The chair and vice chair of the Compact Commission, shall be voting
96 members of the Executive Committee;
97 (b) The Compact Commission shall elect up to thr ee additional voting members
98 fr om the curr ent membership of the Compact Commission to include the offices of
99 tr easur er , secr etary , and one member -at-large; and
100 (c) Up to four (4) ex-officio, nonvoting members fr om recogn ized national
101 athletic trainer organizations.
102 (3) The Compact Commission may r emove any member of the Executive
103 Committee as pr ovided in the Compact Commission's bylaws.
104 (4) (a) The Executive Committee shall meet at least annually .
105 (b) Executive Committee meetings shall be open to the public, except that the
106 Executive Committee may meet in a closed, non-public meeting as prov ided in this
107 section.
108 (c) The Executive Committee shall give advance notice of its meetings, posted on
109 its website and as determined by rule or bylaw to pr ovide notice to persons with an
110 inter est in the business of the Compact Commission.
111 (d) The Executive Committee may hold a special meeting in accordance with this
112 section.
113 5. The Compact Commission shall adopt and pro vide to the Member States an
114 annual r eport.
115 6. (1) All meetings shall be open to the public, except that the Compact
116 Commission may meet in a closed, non-public meeting as pr ovided in this section.
117 (2) Public notice for all meetings of the full Compact Commission of meetings
118 shall be given in the same manner as requ ired under the rulemaking pro visions in this
119 compact, except that the Compact Commission may hold a special meeting as pr ovided
120 in this section.
121 (3) The Compact Commission may hold a special meeting when it must meet to
122 conduct emergency business by giving 24 hours' notice to all Commissioners, on the
123 Compact Commission's website, and other means as pro vided in the Compact
124 Commission's Rules. The Compact Commission's legal counsel shall certify that the
125 Compact Commission's need to meet qualifies as an emergency .
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126 (4) The Compact Commission or the Executive Committee or other committees
127 of the Compact Commission may convene in a closed, non-public meeting for the
128 Compact Commission or Executive Committee or other committees of the Compact
129 Commission to receiv e legal advice or to discuss:
130 (a) Non-compliance of a Member State with its obligations under the Compact;
131 (b) The employment, compensation, discipline or other matters, practices or
132 pr ocedur es r elated to specific employees;
133 (c) Curr ent or thr eatened discipline of a Licensee by a Member State's Licensing
134 Authority;
135 (d) Curre nt, thr eatened, or reas onably anticipated litigation;
136 (e) Negotiation of contracts for the pur chase, lease, or sale of goods, services, or
137 r eal estate;
138 (f) Accusing any person of a crime or formally censuring any person;
139 (g) T rade secr ets or commer cial or financial information that is privileged or
140 confidential;
141 (h) Information of a personal natur e wher e disclosure would constitute a clearly
142 unwarranted invasion of personal privacy;
143 (i) Investigative record s compiled for law enfor cement purposes;
144 (j) Information r elated to any investigative repo rts prepa red by or on behalf of
145 or for use of the Compact Commission or other committee charged with res ponsibility
146 of investigation or determination of compliance issues pursuant to the compact;
147 (k) Matters specifically exempted fr om disclosur e by federal or Member State
148 law; or
149 (l) Other matters as specified in Rules of the Compact Commission.
150 (5) If a meeting, or portion of a meeting, is closed, the Compact Commission's
151 legal counsel or designee shall certify that the meeting will be closed and re feren ce each
152 r elevant exempting pro vision, and such r efer ence shall be record ed in the minutes. All
153 minutes and documents of a closed meeting shall rem ain under seal, subject to release
154 only by a majority vote of the Compact Commission or order of a court of competent
155 jurisdiction.
156 7. (1) The Compact Commission shall pay , or provi de for the payment of, the
157 r easonable expenses of its establishment, organization, and ongoing activities.
158 (2) The Compact Commission may accept any and all appr opriate reven ue
159 sour ces as pr ovided in this section.
160 (3) The Compact Commission may levy on and collect an annual assessment
161 fr om each Member State and impose fees on Licensees of Member States to whom it
162 grants a Compact Privilege to cover the cost of the operations and activities of the
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163 Compact Commission and its staff, which must be in a total amount sufficient to cover
164 its annual budget as appr oved each year for which revenu e is not prov ided by other
165 sour ces. The aggr egate annual assessment amount for Member States shall be allocated
166 based upon a formula that the Compact Commission shall promul gate by Rule.
167 (4) The Compact Commission shall not incur obligations of any kind prior to
168 securing the funds or a loan adequate to meet the same; nor shall the Compact
169 Commission pledge the credit of any of the Member States, except by and with the
170 authority of the Member State.
171 (5) The Compact Commission shall keep accurate accounts of all recei pts and
172 disbursements. The r eceipts and disbursements of the Compact Commission shall be
173 subject to the financial revie w or audit and accounting pr ocedur es established under its
174 bylaws. However , all r eceipts and disbursements of funds handled by the Compact
175 Commission shall be subject to an annual financial review or audit by a certified or
176 licensed public accountant, and the r eport of the financial r eview or audit shall be
177 included in and become part of the annual rep ort of the Compact Commission.
178 8. (1) The members, officers, executive director , employees and repr esentatives
179 of the Compact Commission shall be immune fr om suit and liability , both personally
180 and in their official capacity , for any claim for damage to or loss of pro perty or personal
181 injury or other civil liability caused by or arising out of any actual or alleged act, error ,
182 or omission that occurr ed, or that the person against whom the claim is made had a
183 r easonable basis for believing occurr ed within the scope of Compact Commission
184 employment, duties or r esponsibilities; provi ded that nothing in this subdivision shall be
185 construed to pr otect any such person fro m suit or liability for any damage, loss, injury ,
186 or liability caused by the intentional or willful or wanton misconduct of that person.
187 The pr ocurement of insurance of any type by the Compact Commission shall not in any
188 way compr omise or limit the immunity granted hereu nder .
189 (2) The Compact Commission shall defend any member , officer , executive
190 dir ector , employee, and r epresent ative of the Compact Commission in any civil action
191 seeking to impose liability arising out of any actual or alleged act, error , or omission that
192 occurr ed within the scope of Compact Commission employment, duties, or
1 9 3 r esponsibilities, or as determined by the Compact Commission that the person
194 against whom the claim is made had a rea sonable basis for believing occurr ed within the
195 scope of Compact Commission employment, duties, or r esponsibilities; pr ovided that
196 nothing her ein shall be construed to pro hibit that person fr om ret aining their own
197 counsel at their own expense; and pr ovided further , that the actual or alleged act, error ,
198 or omission did not res ult fr om that person's intentional or willful or wanton
199 misconduct.
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200 (3) The Compact Commission shall indemnify and hold harmless any member ,
201 officer , executive dir ector , employee, and repr esentative of the Compact Commission for
202 the amount of any settlement or judgment obtained against that person arising out of
203 any actual or alleged act, erro r , or omission that occurr ed within the scope of Compact
204 Commission employment, duties, or r esponsibilities, or that such person had a
205 r easonable basis for believing occurr ed within the scope of Compact Commission
206 employment, duties, or r esponsibilities, pro vided that the actual or alleged act, error , or
207 omission did not r esult fr om the intentional or willful or wanton misconduct of that
208 person.
209 (4) Nothing herei n shall be construed as a limitation on the liability of any
210 Licensee for profes sional malpractice or misconduct, which shall be governed solely by
211 any other applicable State laws.
212 (5) Nothing in this compact shall be interpr eted to waive or otherwise abro gate a
213 Member State's state action immunity or state action affirmative defense with res pect to
214 antitrust claims under the Sherman Act, Clayton Act, or any other State or federal
215 antitrust or anticompetitive law or regu lation.
216 (6) Nothing in this compact shall be construed to be a waiver of soverei gn
217 immunity by the Member States or by the Compact Commission.
334.1924. 1. The Commission shall prov ide for the development, maintenance,
2 operation, and utilization of a coordinated Data System and repo rting system containing
3 licensur e, Compact Privileges, Adverse Action, and the presence of Curr ent Significant
4 Investigative Information on all Licensees and applicants for a License in Member
5 States.
6 2. Notwithstanding any other pro vision of State law to the contrary , a Member
7 State shall submit a uniform data set to the Data System on all Licensees, applicants,
8 and others to whom this compact is applicable as req uired by the Rules of the Compact
9 Commission, including:
10 (1) Personally identifying information;
11 (2) Licensure data;
12 (3) Adverse Actions against a Licensee, License applicant or Compact Privilege
13 and information r elated ther eto;
14 (4) Non-confidential information rel ated to Alternative Pr ogram participation,
15 the beginning and ending dates of such participation, and other information rel ated to
16 such participation;
17 (5) Any denial of an application for licensur e, and the r eason or r easons for such
18 denial, (excluding the rep orting of any criminal history recor d information wher e
19 pr ohibited by law);
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20 (6) A binary determination regard ing the presence of Curre nt Significant
21 Investigative Information; and
22 (7) Other information that may facilitate the administration of this compact or
23 the pro tection of the public, as determined by the Rules of the Commission.
24 3. The r ecords and information pr ovided to a Member State pursuant to this
25 compact or thr ough the Data System, when certified by the Commission or an agent
26 ther eof, shall constitute the authenticated business rec ords of the Commission, and shall
27 be entitled to any associated hearsay exception in any rele vant judicial, quasi-judicial or
28 administrative pr oceedings in a Member State.
29 4. Curren t Significant Investigative Information pertaining to a Licensee in any
30 Member State will only be available to other Member States.
31 5. It is the res ponsibility of the Member States to monitor the Data System to
32 determine whether Adverse Action has been taken against a Licensee or License
33 applicant. Adverse Action information pertaining to a Licensee or License applicant in
34 any Member State will be available to any other Member State.
35 6. Member States contributing information to the Data System may designate
36 information that may not be shared with the public without the express permission of
37 the contributing State.
38 7. Any information submitted to the Data System that is subsequently expunged
39 pursuant to federal law or the laws of the Member State contributing the information
40 shall be re moved fr om the Data System.
334.1927. 1. The Compact Commission shall pr omulgate rea sonable Rules in
2 order to effectively and efficiently implement and administer the purposes and
3 pr ovisions of the Compact. A Rule shall be invalid and have no for ce or effect only if a
4 court of competent jurisdiction holds that the Rule is invalid because the Compact
5 Commission exercised its rulemaking authority in a manner that is beyond the scope
6 and purposes of the Compact, or the powers granted hereunder , or based upon another
7 applicable standard of revie w .
8 2. The Rules of the Compact Commission shall have the for ce of law in each
9 Member State, pr ovided however that where the Rules conflict with the laws or
10 r egulations of a Member State that r elate to the Scope of Practice a Licensed Athletic
11 T rainer is permitted to undertake in that State and the circu mstances under which they
12 may do so, as held by a court of competent jurisdiction, the Rules of the Compact
13 Commission shall be ineffective in that State to the extent of the conflict.
14 3. The Compact Commission shall exercise its rulemaking powers pursuant to
15 the criteria set forth in this section and the Rules adopted ther eunder . Rules of this
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16 compact shall become binding on the day following adoption or as of the date specified
17 in the Rule or amendment, whichever is later .
18 4. If a majority of the legislatur es of the Member States rej ects a Rule or portion
19 of a Rule, by enactment of a statute or res olution in the same manner used to adopt the
20 Compact within four (4) years of the date of adoption of the Rule, then such Rule shall
21 have no further for ce and effect in any Member State.
22 5. Rules shall be adopted at a reg ular or special meeting of the Compact
23 Commission.
24 6. Prior to adoption of a pr oposed Rule, the Compact Commission shall hold a
25 public hearing and allow persons to prov ide oral and written comments, data, facts,
26 opinions, and arguments. At least thirty (30) days in advance of the public hearing on
27 the pr oposed Rule, the Compact Commission shall pr ovide a notice of pro posed
28 rulemaking:
29 (1) On the website of the Compact Commission or other publicly accessible
30 platform;
31 (2) T o persons who have req uested notice of the Compact Commission's notices
32 of prop osed rulemaking; and
33 (3) In such other way or ways as the Compact Commission may by Rule specify .
34 7. The notice of pr oposed rulemaking shall include:
35 (1) The time, date, and location of the public hearing at which the Compact
36 Commission will hear public comments on the pro posed Rule and, if differe nt, the time,
37 date, and location of the meeting wher e the Compact Commission will consider and vote
38 on the prop osed Rule;
39 (2) If the hearing is held via telecommunication, video conference, or other
40 electr onic means, the Compact Commission shall include the mechanism for access to
41 the hearing in the notice of prop osed rulemaking;
42 (3) The text of the pr oposed Rule and the reas on ther efor;
43 (4) A requ est for comments on the pr oposed Rule fr om any interes ted person;
44 and
45 (5) The manner in which interes ted persons may submit written comments.
46 8. All hearings will be r ecorded. A copy of the recor ding and all written
47 comments and documents receiv ed by the Compact Commission in res ponse to the
48 pr oposed Rule shall be available to the public.
49 9. Nothing in this section shall be construed as requ iring a separate hearing on
50 each Rule. Rules may be gr ouped for the convenience of the Compact Commission at
51 hearings requ ired by this section.
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52 10. (1) The Compact Commission shall, by majority vote of all members, take
53 final action on the prop osed Rule based on the rulemaking r ecord and the full text of the
54 Rule.
55 (2) The Compact Commission may adopt changes to the pr oposed Rule pr ovided
56 the changes do not enlarge the original purpose of the pr oposed Rule.
57 (3) The Compact Commission shall prov ide an explanation of the reas ons for
58 substantive changes made to the prop osed Rule as well as reas ons for substantive
59 changes not made that were recommended by commenters.
60 (4) The Compact Commission shall determine a reas onable effective date for the
61 Rule. Except for an emergency as pr ovided in this section, the effective date of the Rule
62 shall be no sooner than 30 days after issuing the notice that it adopted or amended the
63 Rule.
64 1 1. Upon determination that an emergency exists, the Compact Commission may
65 consider and adopt an emergency Rule with 24 hours' notice, with opportunity to
66 comment, prov ided that the usual rulemaking pr ocedur es pr ovided in the compact and
67 in this section shall be r etro actively applied to the Rule as soon as reas onably possible, in
68 no event later than ninety (90) days after the effective date of the Rule. For the purposes
69 of this pro vision, an emergency Rule is one that must be adopted immediately in order
70 to:
71 (1) Meet an imminent thr eat to public health, safety , or welfare;
72 (2) Pr event a loss of Compact Commission or Member State funds;
73 (3) Meet a deadline for the pr omulgation of a Rule that is established by federal
74 law or rule; or
75 (4) Pr otect public health and safety .
76 12. The Compact Commission or an authorized committee of the Compact
77 Commission may dir ect revi sions to a previ ously adopted Rule for purposes of
78 corr ecting typographical erro rs, errors in format, errors in consistency , or grammatical
79 err ors. Public notice of any r evisions shall be posted on the website of the Compact
80 Commission. The revision shall be subject to challenge by any person for a period of
81 thirty (30) days after posting. The revision may be challenged only on gro unds that the
82 r evision res ults in a material change to a Rule. A challenge shall be made in writing and
83 deliver ed to the Compact Commission prior to the end of the notice period. If no
84 challenge is made, the revision will take effect without further action. If the r evision is
85 challenged, the revision may not take effect without the appr oval of the Compact
86 Commission.
87 13. No Member State's rulemaking requ irem ents shall apply under this
88 Compact.
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334.1930. 1. (1) The executive and judicial branches of State government in
2 each Member State shall enfor ce this compact and take all actions necessary and
3 appr opriate to implement the compact.
4 (2) Except as otherwise prov ided in this compact, venue is pr oper and judicial
5 pr oceedings by or against the Compact Commission shall be brou ght solely and
6 exclusively in a court of competent jurisdiction wher e the principal office of the
7 Compact Commission is located. The Compact Commission may waive venue and
8 jurisdictional defenses to the extent it adopts or consents to participate in alternative
9 dispute reso lution pr oceedings. Nothing herei n shall affect or limit the selection or
10 pr opriety of venue in any action against a Licensee for profes sional malpractice,
11 misconduct or any such similar matter .
12 (3) The Compact Commission shall be entitled to r eceive service of pro cess in
13 any pr oceeding reg arding the enforcem ent or interpr etation of the compact and shall
14 have standing to intervene in such a pro ceeding for all purposes. Failur e to pr ovide the
15 Compact Commission service of pr ocess shall rend er a judgment or order void as to the
16 Compact Commission, this Compact, or promulg ated Rules.
17 2. (1) If the Compact Commission determines that a Member State has
18 defaulted in the performance of its obligations or res ponsibilities under this compact or
19 the pr omulgated Rules, the Commission shall prov ide written notice to the defaulting
20 State. The notice of default shall describe the default, the prop osed means of curing the
21 default, and any other action that the Compact Commission may take, and shall offer
22 training and specific technical assistance r egarding the default.
23 (2) The Compact Commission shall pr ovide a copy of the notice of default to the
24 other Member States.
25 3. If a State in default fails to cur e the default, the defaulting State may be
26 terminated fr om the compact upon an affirmative vote of a majority of the
2 7 Commissioners of the Member States, and all rights, privileges and benefits conferr ed
28 on that State by this compact may be terminated on the effective date of termination. A
29 cur e of the default does not reli eve the offending State of obligations or liabilities
30 incurr ed during the period of default.
31 4. T ermination of membership in the compact shall be imposed only after all
32 other means of securing compliance have been exhausted. Notice of intent to suspend or
33 terminate shall be given by the Compact Commission to the governor , the majority and
34 minority leaders of the defaulting State's legislature, the defaulting State's Licensing
35 Authority and each of the Member States' Licensing Authority .
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36 5. A State that has been terminated is res ponsible for all assessments,
37 obligations, and liabilities incurr ed thr ough the effective date of termination, including
38 obligations that extend beyond the effective date of termination.
39 6. Upon the termination of a State's membership fr om this compact, that State
40 shall immediately pr ovide notice to all Licensees within that State of such termination.
41 The terminated State shall continue to reco gnize all Licenses and Compact Privileges
42 granted pursuant to this compact for a minimum of 180 days after the date of said
43 notice of termination.
44 7. The Compact Commission shall not bear any costs r elated to a State that is
45 found to be in default or that has been terminated fr om the compact, unless agr eed upon
46 in writing between the Compact Commission and the defaulting State.
47 8. The defaulting State may appeal the action of the Compact Commission by
48 petitioning the U.S. District Court for the District of Columbia or the federal district
49 wher e the Compact Commission has its principal offices. The pr evailing party shall be
50 awarded all costs of such litigation, including reas onable attorney's fees.
51 9. (1) Upon requ est by a Member State, the Compact Commission shall attempt
52 to reso lve disputes relat ed to the compact that arise among Member States and between
53 Member and non-Member States.
54 (2) The Compact Commission shall promulg ate a Rule pro viding for both
55 mediation and binding dispute r esolution for disputes as appr opriate.
56 10. (1) By two-thirds majority (2/3) vote, the Compact Commission may initiate
57 legal action against a Member State in default in the United States District Court for the
58 District of Columbia or the federal district wher e the Compact Commission has its
59 principal offices to enfor ce compliance with the prov isions of the compact and its
60 pr omulgated Rules. The rel ief sought may include both injunctive re lief and damages.
61 In the event judicial enforcem ent is necessary , the pr evailing party shall be awarded all
62 costs of such litigation, including reas onable attorney's fees. The rem edies herei n shall
63 not be the exclusive rem edies of the Compact Commission. The Compact Commission
64 may pursue any other rem edies available under federal or the defaulting Member
65 State's law .
66 (2) A Member State may initiate legal action against the Compact Commission
67 in the U.S. District Court for the District of Columbia or the federal district where the
68 Compact Commission has its principal offices to enfor ce compliance with the pr ovisions
69 of the compact and its pr omulgated Rules. The reli ef sought may include both
70 injunctive reli ef and damages. In the event judicial enforcem ent is necessary , the
71 pr evailing party shall be awarded all costs of such litigation, including reas onable
72 attorney's fees.
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73 (3) No person other than a Member State shall enforce this compact against the
74 Compact Commission.
334.1933. 1. (1) The Compact shall come into effect on the date on which the
2 compact statute is enacted into law in the seventh Member State.
3 (2) (a) On or after the effective date of the compact, the Compact Commission
4 shall convene and review the enactment of each of the first seven Member States
5 ("Charter Member States") to determine if the statute enacted and made effective by
6 each such Charter Member State is materially differ ent than the model compact statute.
7 (b) A Charter Member State whose enactment is found to be materially differ ent
8 fr om the Model Compact Language shall be entitled to the default pro cess set forth in
9 section 334.1930.
10 (c) If any Member State is later found to be in default, or is terminated or
11 withdraws fr om the Compact, the Compact Commission shall r emain in existence and
12 the Compact shall rem ain in effect even if the number of Member States should be less
13 than seven.
14 (3) Member States enacting the compact subsequent to the seven initial Charter
15 Member States shall be subject to the pr ocess set forth in this section to determine if
16 their enactments ar e materially differ ent fr om the model Compact statute and whether
17 they qualify for participation in the Compact.
18 (4) All actions taken for the benefit of the Compact Commission or in
19 furtherance of the purposes of the administration of the compact prior to the effective
20 date of the compact or the Compact Commission coming into existence shall be
21 consider ed to be actions of the Compact Commission unless specifically rep udiated by
22 the Compact Commission.
23 (5) Any State that joins the compact subsequent to the Compact Commission's
24 initial adoption of the Rules and bylaws shall be subject to the Rules and bylaws as they
25 exist on the date on which the compact becomes law in that State. Any Rule that has
26 been pr eviously adopted by the Compact Commission shall have the full for ce and effect
27 of law on the day the compact becomes law in that State.
28 2. (1) Any Member State may withdraw fr om this compact by enacting a statute
29 r epealing the same.
30 (2) A Member State's withdrawal shall not take effect until 180 days after
31 enactment of the rep ealing statute.
32 (3) Withdra wal shall not affect the continuing r equir ement of the withdrawing
33 State's Licensing Authority to comply with the investigative and Adverse Action
34 r eporting req uirements of this compact prior to the effective date of withdrawal.
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35 (4) Upon the enactment of a statute withdrawing fro m this compact, a State shall
36 immediately pr ovide notice of such withdrawal to all Licensees and privilege holders
37 within that State. Notwithstanding any subsequent statutory enactment to the contrary ,
38 such withdrawing State shall continue to reco gnize all Compact Privileges granted
39 pursuant to this compact for a minimum of 180 days after the date of such notice of
40 withdrawal.
41 (5) Nothing contained in this compact shall be construed to invalidate or pr event
42 any licensur e agr eement or other cooperative arrangement between a Member State
43 and a non-Member State that does not conflict with the provi sions of this compact.
44 (6) This compact may be amended by the Member States. No amendment to this
45 compact shall become effective and binding upon any Member State until it is enacted
46 into the laws of all Member States.
334.1936. 1. This compact and the Compact Commission's rulemaking
2 authority shall be liberally construed so as to effectuate the purposes, and the
3 implementation and administration of the compact. Pr ovisions of the compact express ly
4 authorizing or r equiring the promulg ation of Rules shall not be construed to limit the
5 Compact Commission's rulemaking authority solely for those purposes.
6 2. The pr ovisions of this compact shall be severable and if any phrase, clause,
7 sentence or prov ision of this compact is held by a court of competent jurisdiction to be
8 contrary to the constitution of any Member State, a State seeking participation in the
9 compact, or of the United States, or the applicability ther eof to any government, agency ,
10 person or cir cumstance is held to be unconstitutional by a court of competent
11 jurisdiction, the validity of the r emainder of this compact and the applicability ther eof
12 to any other government, agency , person or circu mstance shall not be affected ther eby .
13 3. Notwithstanding the for egoing, the Compact Commission may deny a State's
14 participation in the compact or terminate a Member State's participation in the
15 Compact if it determines that a constitutional requ irem ent of a Member State is a
16 material departur e fr om the Compact. Otherwise, if this compact shall be held to be
17 contrary to the constitution of any Member State, the Compact shall r emain in full for ce
18 and effect as to the r emaining Member States and in full for ce and effect as to the
19 Member State affected as to all severable matters.
334.1939. 1. Nothing herei n shall pr event or inhibit the enforcem ent of any
2 other law of a Member State that is not inconsistent with the compact.
3 2. Any laws, statutes, r egulations, or other legal re quir ements in a Member State
4 in conflict with the compact ar e superseded to the extent of the conflict.
5 3. All permissible agreements between the Compact Commission and the
6 Member States are binding in accordance with their terms.
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337.600. As used in sections 337.600 to 337.689, the following terms mean:
2 (1) "Advanced macro social worker", the applications of social work theory ,
3 knowledge, methods, principles, values, and ethics; and the professional use of self to
4 community and or ganizational systems, systemic and macrocosm issues, and other indirect
5 nonclinical services; specialized knowledge and advanced practice skills in case management,
6 information and referral, nonclinical assessments, counseling, outcome evaluation, mediation,
7 nonclinical supervision, nonclinical consultation, expert testimony , education, outcome
8 evaluation, research, advocacy , social planning and policy development, community
9 or ganization, and the development, implementation and administration of policies,
1 0 programs, and activities. A licensed advanced macro social worker may not treat mental
11 or emotional disorders or provide psychotherapy without the direct supervision of a licensed
12 clinical social worker , or diagnose a mental disorder;
13 (2) "Clinical social work", the application of social work theory , knowledge, values,
14 methods, principles, and techniques of case work, group work, client-centered advocacy ,
15 community or ganization, administration, planning, evaluation, consultation, research,
16 psychotherapy and counseling methods and techniques to persons, families and groups in
17 assessment, diagnosis, treatment, prevention and amelioration of mental and emotional
18 conditions;
19 (3) "Committee", the state committee for social workers established in section
20 337.622;
21 (4) "Department", the Missouri department of commerce and insurance;
22 (5) "Director", the director of the division of professional registration;
23 (6) "Division", the division of professional registration;
24 (7) "Independent practice", any practice of social workers outside of an or ganized
25 setting such as a social, medical, or governmental agency in which a social worker assumes
26 responsibility and accountability for services required;
27 (8) "Licensed advanced macro social worker", any person who of fers to render
28 services to individuals, groups, families, couples, or ganizations, institutions, communities,
29 government agencies, corporations, or the general public for a fee, monetary or otherwise,
30 implying that the person is trained, experienced, and licensed as an advanced macro social
31 worker , and who holds a current valid license to practice as an advanced macro social worker;
32 (9) "Licensed baccalaureate social worker", any person who of fers to render services
33 to individuals, groups, or ganizations, institutions, corporations, government agencies, or the
34 general public for a fee, monetary or otherwise, implying that the person is trained,
35 experienced, and licensed as a baccalaureate social worker , and who holds a current valid
36 license to practice as a baccalaureate social worker;
HCS HB 2300 69
37 (10) "Licensed clinical social worker", any person who of fers to render services to
38 individuals, groups, or ganizations, institutions, corporations, government agencies, or the
39 general public for a fee, monetary or otherwise, implying that the person is trained,
40 experienced, and licensed as a clinical social worker , and who holds a current, valid license to
41 practice as a clinical social worker;
42 (1 1) "Licensed master social worker", any person who of fers to render services to
43 individuals, groups, families, couples, or ganizations, institutions, communities, government
44 agencies, corporations, or the general public for a fee, monetary or otherwise, implying that
45 the person is trained, experienced, and licensed as a master social worker , and who holds a
46 current valid license to practice as a master social worker . A licensed master social worker
47 may not treat mental or emotional disorders, provide psychotherapy without the direct
48 supervision of a licensed clinical social worker , or diagnose a mental disorder;
49 (12) "Master social work", the application of social work theory , knowledge,
50 methods, and ethics and the professional use of self to restore or enhance social, psychosocial,
51 or biopsychosocial functioning of individuals, couples, families, groups, or ganizations,
52 communities, institutions, government agencies, or corporations. The practice includes the
53 applications of specialized knowledge and advanced practice skills in the areas of assessment,
54 treatment planning, implementation and evaluation, case management, mediation,
5 5 information and referral, counseling, client education, supervision, consultation, education,
56 research, advocacy , community or ganization and development, planning, evaluation,
57 implementation and administration of policies, programs, and activities. Under supervision
58 as provided in this section, the practice of master social work may include the practices
59 reserved to clinical social workers or advanced macro social workers for no more than forty-
60 eight consecutive calendar months for the purpose of obtaining licensure under section
61 337.615 or 337.645;
62 (13) "Practice of advanced macro social work", rendering, of fering to render , or
63 supervising those who render to individuals, couples, families, groups, or ganizations,
64 institutions, corporations, government agencies, communities, or the general public any
65 service involving the application of methods, principles, and techniques of advanced practice
66 macro social work;
67 (14) "Practice of baccalaureate social work", rendering, of fering to render , or
68 supervising those who render to individuals, families, groups, or ganizations, institutions,
69 corporations, or the general public any service involving the application of methods,
70 principles, and techniques of baccalaureate social work;
71 (15) "Practice of clinical social work", rendering, of fering to render , or supervising
72 those who render to individuals, couples, groups, or ganizations, institutions, corporations, or
HCS HB 2300 70
73 the general public any service involving the application of methods, principles, and
74 techniques of clinical social work;
75 (16) "Practice of master social work", rendering, of fering to render , or supervising
76 those who render to individuals, couples, families, groups, or ganizations, institutions,
77 corporations, government agencies, communities, or the general public any service involving
78 the application of methods, principles, and techniques of master social work;
79 (17) "Qualified advanced macro supervisor", any licensed social worker who meets
80 the qualifications of a qualified clinical supervisor or a licensed advanced macro social
81 worker who has:
82 (a) Practiced in the field of social work as a licensed social worker for which he or
83 she is supervising the applicant for a minimum of [ five ] thr ee years;
84 (b) Successfully completed a minimum of sixteen hours of supervisory training from
85 the Association of Social W ork Boards, the National Association of Social W orkers, an
86 accredited university , or a program approved by the state committee for social workers. All
87 or ganizations providing the supervisory training shall adhere to the basic content and quality
88 standards outlined by the state committee on social work; and
89 (c) Met all the requirements of sections 337.600 to 337.689, and as defined by rule by
90 the state committee for social workers;
91 (18) "Qualified baccalaureate supervisor", any licensed social worker who meets the
92 qualifications of a qualified clinical supervisor , qualified master supervisor , qualified
93 advanced macro supervisor , or a licensed baccalaureate social worker who has:
94 (a) Practiced in the field of social work as a licensed social worker for which he or
95 she is supervising the applicant for a minimum of [ five ] thr ee years;
96 (b) Successfully completed a minimum of sixteen hours of supervisory training from
97 the Association of Social W ork Boards, the National Association of Social W orkers, an
98 accredited university , or a program approved by the state committee for social workers. All
99 or ganizations providing the supervisory training shall adhere to the basic content and quality
100 standards outlined by the state committee on social workers; and
101 (c) Met all the requirements of sections 337.600 to 337.689, and as defined by rule by
102 the state committee for social workers;
103 (19) "Qualified clinical supervisor", any licensed clinical social worker who has:
104 (a) Practiced in the field of social work as a licensed social worker for which he or
105 she is supervising the applicant for a minimum of [ five ] thr ee years;
106 (b) Successfully completed a minimum of sixteen hours of supervisory training from
107 the Association of Social W ork Boards, the National Association of Social W orkers, an
108 accredited university , or a program approved by the state committee for social workers. All
HCS HB 2300 71
109 or ganizations providing the supervisory training shall adhere to the basic content and quality
110 standards outlined by the state committee on social work; and
111 (c) Met all the requirements of sections 337.600 to 337.689, and as defined by rule by
112 the state committee for social workers;
113 (20) "Social worker", any individual that has:
114 (a) Received a baccalaureate degree in social work from an accredited social work
115 program approved by the Council on Social W ork Education;
116 (b) Received a master's degree in social work from a social work program:
117 a. Accredited by the Council on Social W ork Education; or
118 b. Recognized and approved by the committee in accordance with rules adopted by
119 the committee under section 337.627 and in accordance with the procedure set forth in section
120 337.628;
121 (c) Received a doctorate or Ph.D. in social work; or
122 (d) A current social worker license as set forth in sections 337.600 to 337.689.
338.312 . 1. As used in this section, unless the context req uires otherwise, the
2 following terms mean:
3 (1) "Declar ed state disaster or emergency", a disaster or emergency event for
4 which a governor's state of emergency procl amation has been issued or that the
5 Pr esident of the United States has declar ed to be a major disaster or emergency;
6 (2) "Disaster period", the period of time that begins ten days before a governor's
7 pr oclamation of a state of emergency or the declaration by the Pr esident of the United
8 States of a major disaster or emergency , whichever occurs first, and extending for a
9 period of sixty calendar days following the end of the period specified in the
10 pr oclamation or declaration or sixty calendar days fr om the pr oclamation or
11 declaration if no end is pr ovided. The governor may extend the disaster period as
12 warranted;
13 (3) "Pharmacy", the same meaning given to the term in section 338.210.
14 2. Notwithstanding any provi sion of law to contrary , the board of pharmacy
15 shall have the authority to waive compliance with any Missouri rules and re gulations for
16 a licensed pharmacy that is domiciled or headquartered in this state when such
17 pharmacy is dispensing, shipping, or delivering pr escription drugs into another state or
18 United States territory that is experiencing a declar ed state disaster or emergency ,
19 pr ovided that:
20 (1) The pharmacy is a licensed pharmacy in good standing under this chapter
21 and is authorized to ship pr escription drugs into the state or territory in question;
22 (2) The pharmacy is res ponding to an active declar ed state disaster or
23 emergency;
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24 (3) The pharmacy complies with all emergency rules and r egulations for
25 pharmacies established by the state or territory for the duration of the disaster period;
26 (4) The pharmacy complies with all applicable federal laws and regu lations; and
27 (5) The waiver applies only to pr escription drugs dispensed, shipped, or
28 deliver ed to resi dents or health car e facilities located within the geographic ar ea
29 specified in the declar ed state disaster or emergency .
30 3. The board of pharmacy may promul gate rules to implement the pr ovisions of
31 this section. Any rule or portion of a rule, as that term is defined in section 536.010, that
32 is cr eated under the authority delegated in this section shall become effective only if it
33 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
34 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
35 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
36 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
37 then the grant of rulemaking authority and any rule pro posed or adopted after August
38 28, 2026, shall be invalid and void.
345.050. T o be eligible for licensure by the board by examination, each applicant
2 shall submit the application fee and shall furnish evidence of such person's current
3 competence and shall:
4 (1) Hold a master's or a doctoral degree from a program that was awarded
5 "accreditation candidate" status or is accredited by the Council on Academic Accreditation of
6 the American Speech-Language-Hearing Association or other accrediting agency approved
7 by the board in the area in which licensure is sought;
8 (2) Submit official transcripts from one or more accredited colleges or universities
9 presenting evidence of the completion of course work and clinical practicum requirements
10 equivalent to that required by the Council on Academic Accreditation of the American
11 Speech-Language-Hearing Association or other accrediting agency approved by the board;
12 (3) Present written evidence of completion of a clinical fellowship from supervisors.
13 The experience required by this subdivision shall follow the completion of the requirements
14 of subdivisions (1) and (2) of this section. This period of employment shall be under the
15 direct supervision of a [ person who is ] licensed [ by the state of Missouri in the profession in
16 which the applicant seeks to be licensed ] speech-language pathologist in good standing in
17 any state . Persons applying with an audiology clinical doctoral degree are exempt from this
18 provision; and
19 (4) Pass an examination promulgated or approved by the board. The board shall
20 determine the subject and scope of the examinations.
✔
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