Establishes the "Interstate Massage Compact"

SECOND REGULAR SESSION
HOUSE BILL NO. 3458
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE COLEMAN.
7027H.02I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 324, RSMo, by adding thereto fourteen new sections relating to the
interstate massage compact.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 324, RSMo, is amended by adding thereto fourteen new sections,
2 to be known as sections 324.276, 324.279, 324.282, 324.285, 324.288, 324.291, 324.294,
3 324.297, 324.300, 324.303, 324.306, 324.309, 324.312, and 324.315, to read as follows:
324.276. 1. Sections 324.276 to 324.315 shall be known and may be cited as the
2 "Interstate Massage Compact".
3 2. The purpose of this Compact is to red uce the burdens on State governments
4 and to facilitate the interstate practice and regul ation of Massage Therapy with the goal
5 of impro ving public access to, and the safety of, Massage Therapy Services. Throu gh
6 this Compact, the Member States seek to establish a r egulatory framework which
7 pr ovides for a new multistate licensing prog ram. Thr ough this additional licensing
8 pathway , the Member States seek to pro vide incr eased value and mobility to licensed
9 massage therapists in the Member States, while ensuring the pr ovision of safe,
10 competent, and reli able services to the public.
11 3. This Compact is designed to achieve the following objectives, and the Member
12 States her eby ratify the same intentions by subscribing her eto:
13 (1) Increas e public access to Massage Therapy Services by pro viding for a
14 multistate licensing pathway;
15 (2) Enhance the Member States' ability to pr otect the public's health and safety;
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.
16 (3) Enhance the Member States' ability to pr event human trafficking and
17 licensur e fraud;
18 (4) Encourage the cooperation of Member States in regu lating the multistate
19 Practice of Massage Therapy;
20 (5) Support relo cating military members and their spouses;
21 (6) Facilitate and enhance the exchange of licensur e, investigative, and
22 disciplinary information between the Member States;
23 (7) Cr eate an Interstate Commission that will exist to implement and administer
24 the Compact;
25 (8) Allow a Member State to hold a Licensee accountable, even wher e that
26 Licensee holds a Multistate License;
27 (9) Creat e a str eamlined pathway for Licensees to practice in Member States,
28 thus incre asing the mobility of duly licensed massage therapists; and
29 (10) Serve the needs of licensed massage therapists and the public re ceiving their
30 services; however ,
31 (1 1) Nothing in this Compact is intended to pr event a State fr om enfor cing its
32 own laws reg arding the Practice of Massage Therapy .
324.279. As used in this Compact, except as otherwise pr ovided and subject to
2 clarification by the Rules of the Commission, the following definitions shall govern the
3 terms here in:
4 (1) "Active Military Member" - any person with full-time duty status in the
5 armed for ces of the United States, including members of the National Guard and
6 Reserve.
7 (2) "Adverse Action" - any administrative, civil, equitable, or criminal action
8 permitted by a Member State's laws which is imposed by a Licensing Authority or other
9 r egulatory body against a Licensee, including actions against an individual's
1 0 Authorization to Practice such as r evocation, suspension, pr obation, surrend er in lieu
11 of discipline, monitoring of the Licensee, limitation of the Licensee's practice, or any
12 other Encumbrance on licensur e affecting an individual's ability to practice Massage
13 Therapy , including the issuance of a cease and desist order .
14 (3) "Alternative Pr ogram" - a non-disciplinary monitoring or pr osecutorial
15 diversion pr ogram appr oved by a Member State's Licensing Authority .
16 (4) "Authorization to Practice" - a legal authorization by a Remote State
17 pursuant to a Multistate License permitting the Practice of Massage Therapy in that
18 Remote State, which shall be subject to the enforce ment jurisdiction of the Licensing
19 Authority in that Remote State.
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20 (5) "Backgroun d Check" - the submission of an applicant's criminal history
21 r ecord information, as further defined in 28 C.F .R. § 20.3(d), as amended fr om the
22 Federal Bureau of Investigation and the agency r esponsible for r etaining State criminal
23 r ecords in the applicant's Home State.
24 (6) "Charter Member States" - Member States who have enacted legislation to
25 adopt this Compact where such legislation pr edates the effective date of this Compact as
26 defined in section 324.309.
27 (7) "Commission" - the government agency whose membership consists of all
28 States that have enacted this Compact, which is known as the Interstate Massage
29 Compact Commission, as defined in section 324.297, and which shall operate as an
30 instrumentality of the Member States.
31 (8) "Continuing Competence" - a requ irem ent, as a condition of license renew al,
32 to pr ovide evidence of participation in, and completion of, educational or profession al
33 activities that maintain, improve, or enhance Massage Therapy fitness to practice.
34 (9) "Current Significant Investigative Information" - Investigative Information
35 that a Licensing Authority , after an inquiry or investigation that complies with a
36 Member State's due pr ocess requ irem ents, has r eason to believe is not groun dless and, if
37 pr oved true, would indicate a violation of that State's laws regard ing the Practice of
38 Massage Therapy .
39 (10) "Data System" - a rep ository of information about Licensees who hold
40 Multistate Licenses, which may include but is not limited to license status, Investigative
41 Information, and Adverse Actions.
42 (1 1) "Disqualifying Event" - any event which shall disqualify an individual fr om
43 holding a Multistate License under this Compact, which the Commission may by Rule
44 specify .
45 (12) "Encumbrance" - a revo cation or suspension of, or any limitation or
46 condition on, the full and unr estricted Practice of Massage Therapy by a Licensing
47 Authority .
48 (13) "Executive Committee" - a grou p of delegates elected or appointed to act on
49 behalf of, and within the powers granted to them by , the Commission.
50 (14) "Home State" - means the Member State which is a Licensee's primary
51 state of res idence wher e the Licensee holds an active Single-State License.
52 (15) "Investigative Information" - information, reco rds, or documents receiv ed
53 or generated by a Licensing Authority pursuant to an investigation or other inquiry .
54 (16) "Licensing Authority" - a State's regu latory body res ponsible for issuing
55 Massage Therapy licenses or otherwise overseeing the Practice of Massage Therapy in
56 that State.
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57 (17) "Licensee" - an individual who curr ently holds a license fro m a Member
58 State to fully practice Massage Therapy , whose license is not a student, pr ovisional,
59 temporary , inactive, or other similar status.
60 (18) "Massage Therapy", "Massage Therapy Services", and the "Practice of
61 Massage Therapy" - the care and services provi ded by a Licensee as set forth in the
62 Member State's statutes and r egulations in the State wher e the services ar e being
63 pr ovided.
64 (19) "Member State" - any State that has adopted this Compact.
65 (20) "Multistate License" - a license that consists of Authorizations to Practice
66 Massage Therapy in all Remote States pursuant to this Compact, which shall be subject
67 to the enfor cement jurisdiction of the Licensing Authority in a Licensee's Home State.
68 (21) "Remote State" - any Member State, other than the Licensee's Home State.
69 (22) "Rule" - any opinion or regu lation pr omulgated by the Commission under
70 this Compact, which shall have the for ce of law .
71 (23) "Single-State License" - a curren t, valid authorization issued by a Member
72 State's Licensing Authority allowing an individual to fully practice Massage Therapy ,
73 that is not a r estricted, student, pr ovisional, temporary , or inactive practice
7 4 authorization and authorizes practice only within the issuing State.
75 (24) "State" - a state, territory , possession of the United States, or the District of
76 Columbia.
324.282. 1. T o be eligible to join this Compact, and to maintain eligibility as a
2 Member State, a State must:
3 (1) License and r egulate the Practice of Massage Therapy;
4 (2) Have a mechanism or entity in place to receive and investigate complaints
5 fr om the public, r egulatory or law enforce ment agencies, or the Commission about
6 Licensees practicing in that State;
7 (3) Accept passage of a psychometrically valid national examination as a
8 criterion for Massage Therapy licensur e in that State; For purposes of this compact,
9 such examination shall not include a State-administere d examination but shall be
10 inclusive of the following:
11 (a) The Massage and Bodywork Licensur e Examination; or
12 (b) The National Certification Board for Therapeutic Massage & Bodywork
13 prior to January 1, 2015; or
14 (c) The substantial equivalent of the for egoing which the Commission may
15 appr ove by Rule;
16 (4) Requir e that Licensees satisfy educational req uirements prior to being
17 licensed to pro vide Massage Therapy Services to the public in that State;
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18 (5) Implement pr ocedur es for req uiring the Backgr ound Check of applicants for
19 a Multistate License, and for the reporting of any Disqualifying Events, including but
20 not limited to obtaining and submitting, for each Licensee holding a Multistate License
21 and each applicant for a Multistate License, fingerprint or other biometric-based
22 information to the Federal Bureau of Investigation for Backgr ound Checks; receivi ng
23 the res ults of the Federal Burea u of Investigation rec ord sear ch on Backgrou nd Checks
24 and considering the res ults of such a Backgr ound Check in making licensur e decisions;
25 (6) Have Continuing Competence re quir ements as a condition for license
26 r enewal;
27 (7) Participate in the Data System, including thr ough the use of unique
28 identifying numbers as described her ein;
29 (8) Notify the Commission and other Member States, in compliance with the
30 terms of the Compact and Rules of the Commission, of any disciplinary action taken by
31 the State against a Licensee practicing under a Multistate License in that State, or of the
32 existence of Investigative Information or Curr ent Significant Investigative Information
33 r egarding a Licensee practicing in that State pursuant to a Multistate License;
34 (9) Comply with the Rules of the Commission;
35 (10) Accept Licensees with valid Multistate Licenses fr om other Member States
36 as established her ein;
37 2. Individuals not r esiding in a Member State shall continue to be able to apply
38 for a Member State's Single-State License as prov ided under the laws of each Member
39 State. However , the Single-State License granted to those individuals shall not be
40 r ecognized as granting a Multistate License for Massage Therapy in any other Member
41 State;
42 3. Nothing in this Compact shall affect the r equir ements established by a
43 Member State for the issuance of a Single-State License; and
44 4. A Multistate License issued to a Licensee shall be rec ognized by each Remote
45 State as an Authorization to Practice Massage Therapy in each Remote State.
324.285. 1. T o qualify for a Multistate License under this Compact, and to
2 maintain eligibility for such a license, an applicant must:
3 (1) Hold an active Single-State License to practice Massage Therapy in the
4 applicant's Home State;
5 (2) Satisfy one of the following:
6 (a) Completion of at least six hundre d and twenty-five (625) clock hours of
7 Massage Therapy education; or
8 (b) Graduation fro m an educational pr ogram that meets the minimum
9 qualifications for licensur e in the home state and two (2) years of continuous
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10 licensur e with a Single-State License in good standing in the Home State (except as
11 pr ovided in section 324.294); or
12 (c) Satisfaction of the substantial equivalent of the for egoing which the
13 Commission may appr ove by Rule;
14 (3) Successfully pass a psychometrically valid national examination for
15 licensur e. For purposes of this compact, such examination shall not include a State-
16 administer ed examination but shall be inclusive of the following:
17 (a) The Massage and Bodywork Licensur e Examination; or
18 (b) A National Certification Board for Therapeutic Massage & Bodywork
19 licensur e examination prior to January 1, 2015; or
20 (c) The substantial equivalent of the for egoing which the Commission may
21 appr ove by Rule;
22 (4) Submit to a Backgr ound Check;
23 (5) Have not been convicted or found guilty , or have enter ed into an agr eed
24 disposition, of a felony offense under applicable State or federal criminal law , within five
25 (5) years prior to the date of their application, wher e such a time period shall not
26 include any time served for the offense, and pro vided that the applicant has completed
27 any and all requ irem ents arising as a res ult of any such offense;
28 (6) Have not been convicted or found guilty , or have enter ed into an agr eed
29 disposition, of a misdemeanor offense r elated to the Practice of Massage Therapy under
30 applicable State or federal criminal law , within two (2) years prior to the date of their
31 application wher e such a time period shall not include any time served for the offense,
32 and pr ovided that the applicant has completed any and all req uirements arising as a
33 r esult of any such offense;
34 (7) Have not been convicted or found guilty , or have enter ed into an agr eed
35 disposition, of any offense, whether a misdemeanor or a felony , under State or federal
36 law , at any time, relat ing to any of the following:
37 (a) Kidnapping;
38 (b) Human trafficking;
39 (c) Human smuggling;
40 (d) Sexual battery , sexual assault, or any r elated offenses; or
41 (e) Any other category of offense which the Commission may by Rule designate;
42 (8) Have not pr eviously held a Massage Therapy license which was r evoked by ,
43 or surren dered in lieu of discipline to an applicable Licensing Authority;
44 (9) Have no history of any Adverse Action on any occupational or pr ofessional
45 license within two (2) years prior to the date of their application; and
46 (10) Pay all r equir ed fees.
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47 2. A Multistate License granted pursuant to this Compact may be effective for a
48 definite period of time concurr ent with the ren ewal of the Home State license.
49 3. A Licensee practicing in a Member State is subject to all scope of practice laws
50 governing Massage Therapy Services in that State.
51 4. The Practice of Massage Therapy under a Multistate License granted
52 pursuant to this Compact will subject the Licensee to the jurisdiction of the Licensing
53 Authority , the courts, and the laws of the Member State in which the Massage Therapy
54 Services ar e pr ovided.
324.288. 1. Nothing in this Compact, nor any Rule of the Commission, shall be
2 construed to limit, r estrict, or in any way re duce the ability of a Member State to enact
3 and enfor ce laws, regu lations, or other rules relat ed to the Practice of Massage Therapy
4 in that State, wher e those laws, reg ulations, or other rules are not inconsistent with the
5 pr ovisions of this Compact.
6 2. Nothing in this Compact, nor any Rule of the Commission, shall be construed
7 to limit, res trict, or in any way reduce the ability of a Member State to take Adverse
8 Action against a Licensee's Single-State License to practice Massage Therapy in that
9 State.
10 3. Nothing in this Compact, nor any Rule of the Commission, shall be construed
11 to limit, res trict, or in any way reduce the ability of a Remote State to take Adverse
12 Action against a Licensee's Authorization to Practice in that State.
13 4. Nothing in this Compact, nor any Rule of the Commission, shall be construed
14 to limit, restrict, or in any way red uce the ability of a Licensee's Home State to take
15 Adverse Action against a Licensee's Multistate License based upon information
16 pr ovided by a Remote State.
17 5. Insofar as practical, a Member State's Licensing Authority shall cooperate
18 with the Commission and with each entity exer cising independent regu latory authority
19 over the Practice of Massage Therapy according to the pr ovisions of this Compact.
324.291. 1. A Licensee's Home State shall have exclusive power to impose an
2 Adverse Action against a Licensee's Multistate License issued by the Home State.
3 2. A Home State may take Adverse Action on a Multistate License based on the
4 Investigative Information, Curr ent Significant Investigative Information, or Adverse
5 Action of a Remote State.
6 3. A Home State shall re tain authority to complete any pending investigations of
7 a Licensee practicing under a Multistate License who changes their Home State during
8 the course of such an investigation. The Licensing Authority shall also be empower ed to
9 r eport the r esults of such an investigation to the Commission thr ough the Data System
10 as described her ein.
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11 4. Any Member State may investigate actual or alleged violations of the scope of
12 practice laws in any other Member State for a massage therapist who holds a Multistate
13 License.
14 5. A Remote State shall have the authority to:
15 (1) T ake Adverse Actions against a Licensee's Authorization to Practice;
16 (2) Issue cease and desist orders or impose an Encumbrance on a Licensee's
17 Authorization to Practice in that State;
18 (3) Issue subpoenas for both hearings and investigations that requ ire the
19 attendance and testimony of witnesses, as well as the pr oduction of evidence. Subpoenas
20 issued by a Licensing Authority in a Member State for the attendance and testimony of
21 witnesses or the pr oduction of evidence from another Member State shall be enforced in
22 the latter State by any court of competent jurisdiction, according to the practice and
23 pr ocedur e of that court applicable to subpoenas issued in pr oceedings befor e it. The
24 issuing Licensing Authority shall pay any witness fees, travel expenses, mileage, and
25 other fees r equir ed by the service statutes of the State in which the witnesses or evidence
26 ar e located;
27 (4) If otherwise permitted by State law , recover fr om the affected Licensee the
28 costs of investigations and disposition of cases res ulting fr om any Adverse Action taken
29 against that Licensee;
30 (5) T ake Adverse Action against the Licensee's Authorization to Practice in that
31 State based on the factual findings of another Member State.
32 6. If an Adverse Action is taken by the Home State against a Licensee's
33 Multistate License or Single-State License to practice in the Home State, the Licensee's
34 Authorization to Practice in all other Member States shall be deactivated until all
35 Encumbrances have been re moved fr om such license. All Home State disciplinary
36 orders that impose an Adverse Action against a Licensee shall include a statement that
37 the Massage Therapist's Authorization to Practice is deactivated in all Member States
38 during the pendency of the order .
39 7. If Adverse Action is taken by a Remote State against a Licensee's
40 Authorization to Practice, that Adverse Action applies to all Authorizations to
41 Practice in all Remote States. A Licensee whose Authorization to Practice in a
42 Remote State is r emoved for a specified period of time is not eligible to apply for a new
43 Multistate License in any other State until the specific time for rem oval of the
44 Authorization to Practice has passed and all encumbrance r equir ements ar e satisfied.
45 8. Nothing in this Compact shall override a Member State's authority to accept a
46 Licensee's participation in an Alternative Pr ogram in lieu of Adverse Action. A
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47 Licensee's Multistate License shall be suspended for the duration of the Licensee's
48 participation in any Alternative Pr ogram.
49 9. (1) In addition to the authority granted to a Member State by its res pective
50 scope of practice laws or other applicable State law , a Member State may participate
51 with other Member States in joint investigations of Licensees.
52 (2) Member States shall share any investigative, litigation, or compliance
53 materials in furtherance of any joint or individual investigation initiated under the
54 Compact.
324.294. Active Military Members, or their spouses, shall designate a Home
2 State wher e the individual has a curre nt license to practice Massage Therapy in good
3 standing. The individual may r etain their Home State designation during any period of
4 service when that individual or their spouse is on active-duty assignment. Further ,
5 Active Military Members or their spouses shall satisfy the req uirements of subdivision
6 (2) of subsection 1 of section 324.285 by successful graduation fr om an educational
7 pr ogram that meets the minimum qualifications for licensur e in the designated Home
8 State.
324.297. 1. The Compact Member States her eby crea te and establish a joint
2 government agency whose membership consists of all Member States that have enacted
3 the Compact known as the Interstate Massage Compact Commission. The Commission
4 is an instrumentality of the Compact States acting jointly and not an instrumentality of
5 any one State. The Commission shall come into existence on or after the effective date of
6 the Compact as set forth in section 324.309.
7 2. (1) Each Member State shall have and be limited to one (1) delegate selected
8 by that Member State's State Licensing Authority .
9 (2) The delegate shall be either:
10 (a) A member of the State Licensing Authority; or
11 (b) The primary administrative officer of the State Licensing Authority or their
12 designee.
13 (3) The Commission shall by Rule or bylaw establish a term of office for
14 delegates and may by Rule or bylaw establish term limits.
15 (4) The Commission may reco mmend r emoval or suspension of any delegate
16 fr om office.
17 (5) A Member State's State Licensing Authority shall fill any vacancy of its
18 delegate occurring on the Commission within 60 days of the vacancy .
19 (6) Each delegate shall be entitled to one vote on all matters that are voted on by
20 the Commission.
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21 (7) The Commission shall meet at least once during each calendar year .
22 Additional meetings may be held as set forth in the bylaws. The Commission may meet
23 by telecommunication, video conferenc e or other similar electr onic means.
24 3. The Commission shall have the following powers:
25 (1) Establish the fiscal year of the Commission;
26 (2) Establish code of conduct and conflict of interes t policies;
27 (3) Adopt Rules and bylaws;
28 (4) Maintain its financial r ecords in accordance with the bylaws;
29 (5) Meet and take such actions as ar e consistent with the pr ovisions of this
30 Compact, the Commission's Rules, and the bylaws;
31 (6) Initiate and conclude legal pr oceedings or actions in the name of the
32 Commission, pr ovided that the standing of any State Licensing Authority to sue or be
33 sued under applicable law shall not be affected;
34 (7) Maintain and certify reco rds and information provi ded to a Member State as
35 the authenticated business record s of the Commission, and designate an agent to do so
36 on the Commission's behalf;
37 (8) Purchase and maintain insurance and bonds;
38 (9) Borrow , accept, or contract for services of personnel, including, but not
39 limited to, employees of a Member State;
40 (10) Conduct an annual financial rev iew;
41 (1 1) Hir e employees, elect or appoint officers, fix compensation, define duties,
42 grant such individuals appr opriate authority to carry out the purposes of the Compact,
43 and establish the Commission's personnel policies and pr ograms r elating to conflicts of
44 inter est, qualifications of personnel, and other re lated personnel matters;
45 (12) Assess and collect fees;
46 (13) Accept any and all appr opriate gifts, donations, grants of money , other
47 sour ces of r evenue, equipment, supplies, materials, and services, and receive, utilize, and
48 dispose of the same; pr ovided that at all times the Commission shall avoid any
49 appearance of improp riety or conflict of inter est;
50 (14) Lease, pur chase, ret ain, own, hold, impr ove, or use any pr operty , r eal,
51 personal, or mixed, or any undivided interes t ther ein;
52 (15) Sell, convey , mortgage, pledge, lease, exchange, abandon, or otherwise
53 dispose of any pr operty real, personal, or mixed;
54 (16) Establish a budget and make expenditur es;
55 (17) Borrow money;
56 (18) Appoint committees, including standing committees, composed of members,
57 State r egulators, State legislators or their re pr esentatives, and consumer
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58 r epresent atives, and such other interes ted persons as may be designated in this Compact
59 and the bylaws;
60 (19) The Commission may elect up to two ex-officio, nonvoting members of the
61 Commission as specified in the Commission's bylaws;
62 (20) Accept and transmit complaints from the public, regul atory or law
63 enfor cement agencies, or the Commission, to the rel evant Member State or States
64 r egarding potential misconduct of Licensees;
65 (21) Elect a Chair , V ice Chair , Secr etary and T rea sur er and such other officers
66 of the Commission as pr ovided in the Commission's bylaws;
67 (22) Establish and elect an Executive Committee, including a chair and a vice
68 chair;
69 (23) Adopt and prov ide to the Member States an annual re port;
70 (24) Determine whether a State's adopted language is materially differ ent fr om
71 the model Compact language such that the State would not qualify for participation in
72 the Compact; and
73 (25) Perform such other functions as may be necessary or appr opriate to achieve
74 the purposes of this Compact.
75 4. (1) The Executive Committee shall have the power to act on behalf of the
76 Commission according to the terms of this Compact. The powers, duties, and
77 r esponsibilities of the Executive Committee shall include:
78 (a) Overseeing the day-to-day activities of the administration of the Compact
79 including compliance with the prov isions of the Compact, the Commission's Rules and
80 bylaws, and other such duties as deemed necessary;
81 (b) Recommending to the Commission changes to the Rules or bylaws, changes
82 to this Compact legislation, fees charged to Compact Member States, fees charged to
83 Licensees, and other fees;
84 (c) Ensuring Compact administration services ar e appr opriately pr ovided,
85 including by contract;
86 (d) Pr eparing and recommending the budget;
87 (e) Maintaining financial reco rds on behalf of the Commission;
88 (f) Monitoring Compact compliance of Member States and pro viding
8 9 compliance rep orts to the Commission;
90 (g) Establishing additional committees as necessary;
91 (h) Exercis e the powers and duties of the Commission during the interim
92 between Commission meetings, except for adopting or amending Rules, adopting or
93 amending bylaws, and exer cising any other powers and duties expr essly res erved to the
94 Commission by Rule or bylaw; and
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95 (i) Other duties as pr ovided in the Rules or bylaws of the Commission.
96 (2) The Executive Committee shall be composed of seven voting members as
97 follows:
98 (a) The chair and vice chair of the Commission and any other members of the
99 Commission who serve on the Executive Committee shall be voting members of the
100 Executive Committee; and
101 (b) Other than the chair , vice-chair , secr etary and trea sur er , the Commission
102 shall elect thr ee voting members fr om the curren t membership of the Commission.
103 (3) The Commission may rem ove any member of the Executive Committee as
104 pr ovided in the Commission's bylaws.
105 (4) (a) The Executive Committee shall meet at least annually .
106 (b) Executive Committee meetings shall be open to the public, except that the
107 Executive Committee may meet in a closed, non-public session of a public meeting when
108 dealing with any of the matters cover ed under subdivision (4) of subsection 6 of this
109 section.
110 (c) The Executive Committee shall give five business days advance notice of its
111 public meetings, posted on its website and as determined to prov ide notice to persons
112 with an inter est in the public matters the Executive Committee intends to addr ess at
113 those meetings.
114 (5) The Executive Committee may hold an emergency meeting when acting for
115 the Commission to:
116 (a) Meet an imminent thr eat to public health, safety , or welfare;
117 (b) Pr event a loss of Commission or Participating State funds; or
118 (c) Pr otect public health and safety .
119 5. The Commission shall adopt and pr ovide to the Member States an annual
120 r eport.
121 6. (1) All meetings of the Commission that are not closed pursuant to this
122 subsection shall be open to the public. Notice of public meetings shall be posted on the
123 Commission's website at least thirty (30) days prior to the public meeting.
124 (2) Notwithstanding subdivision (1) of this subsection, the Commission may
125 convene an emergency public meeting by pr oviding at least twenty-four (24) hours prior
126 notice on the Commission's website, and any other means as pr ovided in the
127 Commission's Rules, for any of the re asons it may dispense with notice of pro posed
128 rulemaking under subsection 12 of section 324.303. The Commission's legal counsel
129 shall certify that one of the rea sons justifying an emergency public meeting has been
130 met.
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131 (3) Notice of all Commission meetings shall prov ide the time, date, and location
132 of the meeting, and if the meeting is to be held or accessible via telecommunication,
133 video conference , or other electr onic means, the notice shall include the mechanism for
134 access to the meeting.
135 (4) The Commission may convene in a closed, non-public meeting for the
136 Commission to discuss:
137 (a) Non-compliance of a Member State with its obligations under the Compact;
138 (b) The employment, compensation, discipline or other matters, practices or
139 pr ocedur es rel ated to specific employees or other matters rela ted to the Commission's
140 internal personnel practices and proc edures;
141 (c) Curr ent or thr eatened discipline of a Licensee by the Commission or by a
142 Member State's Licensing Authority;
143 (d) Curre nt, thr eatened, or reas onably anticipated litigation;
144 (e) Negotiation of contracts for the pur chase, lease, or sale of goods, services, or
145 r eal estate;
146 (f) Accusing any person of a crime or formally censuring any person;
147 (g) T rade secr ets or commer cial or financial information that is privileged or
148 confidential;
149 (h) Information of a personal natur e wher e disclosure would constitute a clearly
150 unwarranted invasion of personal privacy;
151 (i) Investigative record s compiled for law enfor cement purposes;
152 (j) Information r elated to any investigative repo rts prepa red by or on behalf of
153 or for use of the Commission or other committee charged with r esponsibility of
154 investigation or determination of compliance issues pursuant to the Compact;
155 (k) Legal advice;
156 (l) Matters specifically exempted fr om disclosur e to the public by federal or
157 Member State law; or
158 (m) Other matters as pr omulgated by the Commission by Rule.
159 (5) If a meeting, or portion of a meeting, is closed, the pr esiding officer shall state
160 that the meeting will be closed and ref eren ce each relev ant exempting provi sion, and
161 such re feren ce shall be recor ded in the minutes.
162 (6) The Commission shall keep minutes that fully and clearly describe all
163 matters discussed in a meeting and shall pr ovide a full and accurate summary of actions
164 taken, and the reas ons ther efor , including a description of the views expr essed. All
165 documents consider ed in connection with an action shall be identified in such minutes.
166 All minutes and documents of a closed meeting shall r emain under seal, subject to
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167 r elease only by a majority vote of the Commission or order of a court of competent
168 jurisdiction.
169 7. (1) The Commission shall pay , or pr ovide for the payment of, the reas onable
170 expenses of its establishment, organization, and ongoing activities.
171 (2) The Commission may accept any and all appr opriate sources of reven ue,
172 donations, and grants of money , equipment, supplies, materials, and services.
173 (3) The Commission may levy on and collect an annual assessment fr om each
174 Member State and impose fees on Licensees of Member States to whom it grants a
175 Multistate License to cover the cost of the operations and activities of the Commission
176 and its staff, which must be in a total amount sufficient to cover its annual budget as
177 appr oved each year for which r evenue is not pr ovided by other sourc es. The aggr egate
178 annual assessment amount for Member States shall be allocated based upon a formula
179 that the Commission shall pro mulgate by Rule.
180 (4) The Commission shall not incur obligations of any kind prior to securing the
181 funds adequate to meet the same; nor shall the Commission pledge the credi t of any
182 Member States, except by and with the authority of the Member State.
183 (5) The Commission shall keep accurate accounts of all re ceipts and
1 8 4 disbursements. The r eceipts and disbursements of the Commission shall be subject
185 to the financial r eview and accounting pr ocedur es established under its bylaws. All
186 r eceipts and disbursements of funds handled by the Commission shall be subject to an
187 annual financial r eview by a certified or licensed public accountant, and the r eport of
188 the financial rev iew shall be included in and become part of the annual r eport of the
189 Commission.
190 8. (1) The members, officers, executive director , employees and repr esentatives
191 of the Commission shall be immune fr om suit and liability , both personally and in their
192 official capacity , for any claim for damage to or loss of prop erty or personal injury or
193 other civil liability caused by or arising out of any actual or alleged act, error , or
194 omission that occurr ed, or that the person against whom the claim is made had a
195 r easonable basis for believing occurr ed within the scope of Commission employment,
196 duties or r esponsibilities; prov ided that nothing in this subdivision shall be construed to
197 pr otect any such person fro m suit or liability for any damage, loss, injury , or liability
198 caused by the intentional or willful or wanton misconduct of that person. The
199 pr ocur ement of insurance of any type by the Commission shall not in any way
200 compr omise or limit the immunity granted hereu nder .
201 (2) The Commission shall defend any member , officer , executive direc tor ,
202 employee, and re present ative of the Commission in any civil action seeking to impose
203 liability arising out of any actual or alleged act, err or , or omission that occurred within
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204 the scope of Commission employment, duties, or re sponsibilities, or as determined by
205 the Commission that the person against whom the claim is made had a rea sonable basis
206 for believing occurr ed within the scope of Commission employment, duties, or
207 r esponsibilities; pr ovided that nothing her ein shall be construed to pr ohibit that
208 person fro m ret aining their own counsel at their own expense; and pr ovided further ,
209 that the actual or alleged act, error , or omission did not res ult fr om that person's
210 intentional or willful or wanton misconduct.
211 (3) The Commission shall indemnify and hold harmless any member , officer ,
212 executive dir ector , employee, and repr esentative of the Commission for the amount of
213 any settlement or judgment obtained against that person arising out of any actual or
214 alleged act, err or , or omission that occurre d within the scope of Commission
21 5 employment, duties, or res ponsibilities, or that such person had a r easonable basis
216 for believing occurr ed within the scope of Commission employment, duties, or
217 r esponsibilities, prov ided that the actual or alleged act, erro r , or omission did not
218 r esult fr om the intentional or willful or wanton misconduct of that person.
219 (4) Nothing herei n shall be construed as a limitation on the liability of any
220 Licensee for profes sional malpractice or misconduct, which shall be governed solely by
221 any other applicable State laws.
222 (5) Nothing in this Compact shall be interpr eted to waive or otherwise abr ogate
223 a Member State's State action immunity or State action affirmative defense with res pect
224 to antitrust claims under the Sherman Act, Clayton Act, or any other State or federal
225 antitrust or anticompetitive law or regu lation.
226 (6) Nothing in this Compact shall be construed to be a waiver of soverei gn
227 immunity by the Member States or by the Commission.
324.300. 1. The Commission shall pr ovide for the development, maintenance,
2 operation, and utilization of a coordinated database and reporting system.
3 2. The Commission shall assign each applicant for a Multistate License a unique
4 identifier , as determined by the Rules of the Commission.
5 3. Notwithstanding any other pro vision of State law to the contrary , a Member
6 State shall submit a uniform data set to the Data System on all individuals to whom this
7 Compact is applicable as requ ired by the Rules of the Commission, including:
8 (1) Identifying information;
9 (2) Licensure data;
10 (3) Adverse Actions against a license and information rela ted ther eto;
11 (4) Non-confidential information rel ated to Alternative Pr ogram participation,
12 the beginning and ending dates of such participation, and other information rel ated to
13 such participation;
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14 (5) Any denial of application for licensur e, and the reas on or rea sons for such
15 denial (excluding the re porting of any criminal history r ecord information wher e
16 pr ohibited by law);
17 (6) The existence of Investigative Information;
18 (7) The existence or pr esence of Curr ent Significant Investigative Information;
19 and
20 (8) Other information that may facilitate the administration of this Compact or
21 the pro tection of the public, as determined by the Rules of the Commission.
22 4. The r ecords and information pr ovided to a Member State pursuant to this
23 Compact or thr ough the Data System, when certified by the Commission or an agent
24 ther eof, shall constitute the authenticated business rec ords of the Commission, and shall
25 be entitled to any associated hearsay exception in any rele vant judicial, quasi-judicial or
26 administrative pr oceedings in a Member State.
27 5. The existence of Curren t Significant Investigative Information and the
28 existence of Investigative Information pertaining to a Licensee in any Member State will
29 only be available to other Member States.
30 6. It is the res ponsibility of the Member States to re port any Adverse Action
31 against a Licensee who holds a Multistate License and to monitor the database to
32 determine whether Adverse Action has been taken against such 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 7. 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 8. 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.
324.303. 1. The Commission shall promul gate r easonable Rules in order to
2 effectively and efficiently implement and administer the purposes and pro visions of the
3 Compact. A Rule shall be invalid and have no for ce or effect only if a court of
4 competent jurisdiction holds that the Rule is invalid because the Commission exer cised
5 its rulemaking authority in a manner that is beyond the scope and purposes of the
6 Compact, or the powers granted hereunder , or based upon another applicable standard
7 of review .
8 2. The Rules of the Commission shall have the for ce of law in each Member
9 State, pro vided however that wher e the Rules of the Commission conflict with the laws
10 of the Member State that establish the Member State's scope of practice as held by a
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11 court of competent jurisdiction, the Rules of the Commission shall be ineffective in that
12 State to the extent of the conflict.
13 3. The Commission shall exerci se its Rulemaking powers pursuant to the criteria
14 set forth in this article and the Rules adopted ther eunder . Rules shall become binding as
15 of the date specified by the Commission for each Rule.
16 4. If a majority of the legislatur es of the Member States rej ects a Rule or portion
17 of a Rule, by enactment of a statute or res olution in the same manner used to adopt the
18 Compact within four (4) years of the date of adoption of the Rule, then such Rule shall
19 have no further for ce and effect in any Member State or to any State applying to
20 participate in the Compact.
21 5. Rules shall be adopted at a reg ular or special meeting of the Commission.
22 6. Prior to adoption of a pr oposed Rule, the Commission shall hold a public
23 hearing and allow persons to pro vide oral and written comments, data, facts, opinions,
24 and arguments.
25 7. Prior to adoption of a pr oposed Rule by the Commission, and at least thirty
26 (30) days in advance of the meeting at which the Commission will hold a public hearing
27 on the pr oposed Rule, the Commission shall pr ovide a Notice of Pr oposed Rulemaking:
28 (1) On the website of the Commission or other publicly accessible platform;
29 (2) T o persons who have requ ested notice of the Commission's notices of
30 pr oposed rulemaking; and
31 (3) In such other way or ways as the Commission may by Rule specify .
32 8. The Notice of Pr oposed Rulemaking shall include:
33 (1) The time, date, and location of the public hearing at which the Commission
34 will hear public comments on the pro posed Rule and, if differ ent, the time, date, and
35 location of the meeting wher e the Commission will consider and vote on the pro posed
36 Rule;
37 (2) If the hearing is held via telecommunication, video conference, or other
38 electr onic means, the Commission shall include the mechanism for access to the hearing
39 in the Notice of Pr oposed Rulemaking;
40 (3) The text of the pr oposed Rule and the reas on ther efor;
41 (4) A requ est for comments on the pr oposed Rule fr om any interes ted person;
42 and
43 (5) The manner in which interes ted persons may submit written comments.
44 9. All hearings will be r ecorded. A copy of the recor ding and all written
45 comments and documents receiv ed by the Commission in res ponse to the prop osed Rule
46 shall be available to the public.
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47 10. Nothing in this article shall be construed as req uiring a separate hearing on
48 each Rule. Rules may be gr ouped for the convenience of the Commission at hearings
49 r equir ed by this article.
50 1 1. (1) The Commission shall, by majority vote of all Commissioners, take final
51 action on the prop osed Rule based on the Rulemaking re cord.
52 (2) The Commission may adopt changes to the pro posed Rule pro vided the
53 changes do not enlarge the original purpose of the pr oposed Rule.
54 (3) The Commission shall pro vide an explanation of the r easons for substantive
55 changes made to the pr oposed Rule as well as r easons for substantive changes not made
56 that wer e r ecommended by commenters.
57 (4) The Commission shall determine a reas onable effective date for the Rule.
58 Except for an emergency as pr ovided in subsection 12 of this section, the effective date
59 of the Rule shall be no sooner than thirty (30) days after the Commission issuing the
60 notice that it adopted or amended the Rule.
61 12. Upon determination that an emergency exists, the Commission may consider
62 and adopt an emergency Rule with 24 hours notice, pr ovided that the usual Rulemaking
63 pr ocedur es pr ovided in the Compact and in this article shall be r etroa ctively applied to
64 the Rule as soon as reas onably possible, in no event later than ninety (90) days after the
65 effective date of the Rule. For the purposes of this pr ovision, an emergency Rule is one
66 that must be adopted immediately to:
67 (1) Meet an imminent thr eat to public health, safety , or welfare;
68 (2) Pr event a loss of Commission or Member State funds;
69 (3) Meet a deadline for the pr omulgation of a Rule that is established by federal
70 law or rule; or
71 (4) Pr otect public health and safety .
72 13. The Commission or an authorized committee of the Commission may direct
73 r evisions to a pr eviously adopted Rule for purposes of corr ecting typographical errors,
74 err ors in format, err ors in consistency , or grammatical err ors. Public notice of any
75 r evisions shall be posted on the website of the Commission. The r evision shall be subject
76 to challenge by any person for a period of thirty (30) days after posting. The revi sion
77 may be challenged only on gr ounds that the r evision res ults in a material change to a
78 Rule. A challenge shall be made in writing and deliver ed to the Commission prior to the
79 end of the notice period. If no challenge is made, the r evision will take effect without
80 further action. If the r evision is challenged, the revi sion may not take effect without the
81 appr oval of the Commission.
82 14. Section 536.037 notwithstanding, no Member State's rulemaking
8 3 r equir ements shall apply under this Compact.
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324.306. 1. (1) The executive and judicial branches of State government in each
2 Member 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 profes sional 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 and shall have
13 standing to intervene in such a proceed ing for all purposes. Failur e to pr ovide the
14 Commission service of pr ocess shall rend er a judgment or order void as to the
15 Commission, this Compact, or pr omulgated Rules.
16 2. (1) If the Commission determines that a Member State has defaulted in the
17 performance of its obligations or r esponsibilities under this Compact or the
1 8 pr omulgated Rules, the Commission shall pr ovide written notice to the defaulting
19 State. The notice of default shall describe the default, the pro posed means of curing the
20 default, and any other action that the Commission may take, and shall offer training
21 and specific technical assistance reg arding the default.
22 (2) The Commission shall pr ovide a copy of the notice of default to the other
23 Member States.
24 3. If a State in default fails to cur e the default, the defaulting State may be
25 terminated fro m the Compact upon an affirmative vote of a majority of the delegates of
26 the Member States, and all rights, privileges and benefits conferr ed on that State by this
27 Compact may be terminated on the effective date of termination. A cur e of the default
28 does not reli eve the offending State of obligations or liabilities incurr ed during the
29 period of default.
30 4. T ermination of membership in the Compact shall be imposed only after all
31 other means of securing compliance have been exhausted. Notice of intent to suspend or
32 terminate shall be given by the Commission to the governor , the majority and minority
33 leaders of the defaulting State's legislatur e, the defaulting State's State Licensing
34 Authority and each of the Member States' State Licensing Authority .
35 5. A State that has been terminated is res ponsible for all assessments,
36 obligations, and liabilities incurr ed thr ough the effective date of termination, including
37 obligations that extend beyond the effective date of termination.
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38 6. Upon the termination of a State's membership fr om this Compact, that State
39 shall immediately provi de notice to all Licensees who hold a Multistate License within
40 that State of such termination. The terminated State shall continue to recogn ize all
41 licenses granted pursuant to this Compact for a minimum of one hundred eighty (180)
42 days after the date of said notice of termination.
43 7. The Commission shall not bear any costs r elated to a State that is found to be
44 in default or that has been terminated fr om the Compact, unless agr eed upon in writing
45 between the Commission and the defaulting State.
46 8. The defaulting State may appeal the action of the Commission by petitioning
47 the U.S. District Court for the District of Columbia or the federal district wher e the
48 Commission has its principal offices. The pr evailing party shall be awarded all costs of
49 such litigation, including reas onable attorney's fees.
50 9. (1) Upon r equest by a Member State, the Commission shall attempt to r esolve
51 disputes r elated to the Compact that arise among Member States and between Member
52 and non-Member States.
53 (2) The Commission shall pr omulgate a Rule prov iding for both mediation and
54 binding dispute r esolution for disputes as appr opriate.
55 10. (1) The Commission, in the reas onable exer cise of its discr etion, shall enforce
56 the pro visions of this Compact and the Commission's Rules.
57 (2) By majority vote as pr ovided by Commission Rule, the Commission may
58 initiate legal action against a Member State in default in the United States District Court
59 for the District of Columbia or the federal district wher e the Commission has its
60 principal offices to enforce compliance with the pr ovisions of the Compact and its
61 pr omulgated Rules. The rel ief sought may include both injunctive re lief and damages.
62 In the event judicial enforcem ent is necessary , the pr evailing party shall be awarded all
63 costs of such litigation, including reas onable attorney's fees. The rem edies herei n shall
64 not be the exclusive rem edies of the Commission. The Commission may pursue any
65 other rem edies available under federal or the defaulting Member State's law .
66 (3) A Member State may initiate legal action against the Commission in the U.S.
67 District Court for the District of Columbia or the federal district wher e the Commission
68 has its principal offices to enforce compliance with the pr ovisions of the Compact and its
69 pr omulgated Rules. The rel ief sought may include both injunctive re lief and damages.
70 In the event judicial enforcem ent is necessary , the pr evailing party shall be awarded all
71 costs of such litigation, including r easonable attorney's fees.
72 (4) No individual or entity other than a Member State may enfor ce this Compact
73 against the Commission.
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324.309. 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 Commission shall
4 convene and r eview the enactment of each of the Charter Member States to determine if
5 the statute enacted by each such Charter Member State is materially differ ent than the
6 model Compact statute.
7 (b) A Charter Member State whose enactment is found to be materially differ ent
8 fr om the model Compact statute shall be entitled to the default process set forth in
9 section 324.306.
10 (c) If any Member State is later found to be in default, or is terminated or
11 withdraws fr om the Compact, the Commission shall rem ain in existence and the
12 Compact shall rem ain in effect even if the number of Member States should be less than
13 seven (7).
14 (3) Member States enacting the Compact subsequent to the Charter Member
15 States shall be subject to the pr ocess set forth in subdivision (24) of subsection 3 of
16 section 324.297 to determine if their enactments ar e materially differ ent fr om the model
17 Compact statute and whether they qualify for participation in the Compact.
18 (4) All actions taken for the benefit of the Commission or in furtherance of the
19 purposes of the administration of the Compact prior to the effective date of the Compact
20 or the Commission coming into existence shall be considere d to be actions of the
21 Commission unless specifically r epudiated by the Commission.
22 (5) Any State that joins the Compact shall be subject to the Commission's Rules
23 and bylaws as they exist on the date on which the Compact becomes law in that State.
24 Any Rule that has been pr eviously adopted by the Commission shall have the full for ce
25 and effect of law on the day the Compact becomes law in that State.
26 2. (1) Any Member State may withdraw fr om this Compact by enacting a
27 statute repeal ing that State's enactment of the Compact.
28 (2) A Member State's withdrawal shall not take effect until one hundr ed eighty
29 (180) days after enactment of the repeal ing statute.
30 (3) Withdra wal shall not affect the continuing r equir ement of the withdrawing
31 State's Licensing Authority to comply with the investigative and Adverse Action
32 r eporting req uirements of this Compact prior to the effective date of withdrawal.
33 (4) Upon the enactment of a statute withdrawing fr om this Compact, a State
34 shall immediately provi de notice of such withdrawal to all Licensees within that State.
35 Notwithstanding any subsequent statutory enactment to the contrary , such withdrawing
36 State shall continue to reco gnize all licenses granted pursuant to this Compact for a
37 minimum of 180 days after the date of such notice of withdrawal.
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38 3. Nothing contained in this Compact shall be construed to invalidate or pr event
39 any licensur e agr eement or other cooperative arrangement between a Member State
40 and a non-Member State that does not conflict with the provi sions of this Compact.
41 4. This Compact may be amended by the Member States. No amendment to this
42 Compact shall become effective and binding upon any Member State until it is enacted
43 into the laws of all Member States.
324.312. 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.
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 Member State, a State seeking participation in the
9 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 324.306, terminate a Member State's participation in the
16 Compact, if it determines that a constitutional r equir ement of a Member State is a
17 material departure fro m the Compact. Otherwise, if this Compact shall be held to be
18 contrary to the constitution of any Member State, the Compact shall r emain in full for ce
19 and effect as to the r emaining Member States and in full for ce and effect as to the
20 Member State affected as to all severable matters.
324.315. 1. Nothing herei n shall preven t or inhibit the enforcem ent of any other
2 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 agr eements between the Commission and the Member States
6 ar e binding in accordance with their terms.
✔
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