Establishes the Athletic Trainers Compact

SECOND REGULAR SESSION
SENATE BILL NO. 1149
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BURGER.
3837S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 334, RSMo, by adding thereto one new section relating to athletic trainers.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 334, RSMo, is amended by adding thereto 1
one new section, to be known as section 334.730, to read as 2
follows:3
334.730. SECTION 1. TITLE AND PURPOSE 1
This statute shall be known and cited as the Athletic 2
Trainer Compact. The purposes of this compact are to expand 3
mobility of Athletic Training practice and improve public 4
access to services by providing qualified Licensed Athletic 5
Trainers the ability to practice in other Member States. 6
This compact preserves the regulatory authority of States to 7
protect public health and safety through the current system 8
of State licensure. 9
This compact is designed to achieve the following 10
objectives: 11
A. Increase public access to Athletic Training and 12
enhance continuity of care by providing for the mutual 13
recognition of other Licenses issued by Member States; 14
B. Provide an additional streamlined opportunity for 15
interstate practice by Licensed Athletic Trainers who meet 16
compact uniform requirements; 17
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C. Promote mobility and workforce development by 18
eliminating the necessity for Licenses in multiple States by 19
providing for the mutual recognition of other Licenses 20
issued by Member States; 21
D. Reduce administrative burdens on Licensed Athletic 22
Trainers and Member States; 23
E. Enhance the States' ability to protect the public's 24
health and safety; 25
F. Encourage the cooperation of Member States in 26
regulating interstate practice of Licensed Athletic Trainers; 27
G. Support relocating Active Military Members and 28
their spouses; 29
H. Enhance the exchange of licensure, investigative, 30
and disciplinary information among Member States; 31
I. Allow for the use of telehealth to facilitate 32
increased access to Athletic Training services; 33
J. Support the uniformity of Licensed Athletic Trainer 34
licensure requirements throughout the States; 35
K. Affirm the authority of all Member States to hold a 36
Licensed Athletic Trainer accountable for abiding by the 37
Scope of Practice in the State in which the patient is 38
located at the time of care; and 39
L. Require adherence to the Model Compact Language in 40
order to promote uniformity and ensure that all Member 41
States have accepted and are mutually obligated to the same 42
terms. 43
SECTION 2. DEFINITIONS 44
As used in this compact, unless the context requires 45
otherwise, the following definitions shall apply: 46
A. "Active Military Member" means any individual with 47
full-time duty status in the active armed forces of the 48
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United States, including members of the National Guard and 49
Reserve. 50
B. "Adverse Action" means any administrative, civil, 51
equitable or criminal action permitted by a State's laws 52
which is imposed by a Licensing Authority or other authority 53
against a Licensee, including actions against an 54
individual's License or Compact Privilege such as 55
revocation, suspension, probation, monitoring of the 56
Licensee, limitation on the Licensee's practice, or any 57
other Encumbrance on licensure affecting a Licensee's 58
authorization to practice. 59
C. "Alternative Program" means a non-disciplinary 60
monitoring or practice remediation process applicable to an 61
Athletic Trainer approved by a State Licensing Authority of 62
a Member State in which the Athletic Trainer is licensed. 63
This includes, but is not limited to, programs to which 64
Licensees with substance use, addiction, or mental health 65
conditions are referred in lieu of Adverse Action. 66
D. "Athletic Training" means the prevention, 67
examination, assessment, treatment and rehabilitation of 68
emergent, acute, or chronic injuries and medical conditions 69
as defined by applicable Member State laws and regulations. 70
E. "Athletic Trainer Compact Commission" or "Compact 71
Commission" means the government agency whose membership 72
consists of all States that have enacted this compact, as 73
described herein and which shall operate as an 74
instrumentality of the Member States to administer and 75
implement the compact according to its terms. 76
F. "BOC" means the Board of Certification, Inc. or any 77
successor organization thereto. 78
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G. "CAATE" means the Commission on Accreditation of 79
Athletic Training Education or any successor organization 80
thereto. 81
H. "Charter Member State" means any Member State which 82
enacted and made effective this compact by law before the 83
compact effective date specified herein. 84
I. "Commissioner" means the individual appointed by a 85
Member State to serve as the member of the Commission for 86
that Member State. 87
J. "Compact Privilege" means the legal authorization 88
granted by a Remote State, equivalent to a License, allowing 89
a Licensee from another Member State to provide Athletic 90
Training services in a Remote State. 91
K. "Compact Qualifying License" means a License that 92
is not an Encumbered License issued by a Member State to 93
practice Athletic Training which qualifies the Licensee to 94
exercise a Compact Privilege pursuant to Section 4 of this 95
compact. 96
L. "Continuing Competence" means a requirement, as a 97
condition of License renewal, to provide evidence of 98
successful participation, and completion of, educational and 99
professional activities relevant to practice or area of 100
work. For purposes of this compact, evidence of active BOC 101
certification may satisfy the meaning of Continuing 102
Competence as set forth herein. 103
M. "Current Significant Investigative Information" 104
means the existence of: 105
1. Investigative Information that a Licensing 106
Authority, after a preliminary inquiry that includes 107
notification and an opportunity for the subject Licensee to 108
respond, if required by State law, has reason to believe is 109
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not groundless and, if proven true, would indicate more than 110
a minor infraction; or 111
2. Investigative Information that indicates that the 112
subject Licensee represents an immediate threat to public 113
health and safety regardless of whether the subject Licensee 114
has been notified and had an opportunity to respond. 115
N. "Criminal Background Check" means the submission of 116
fingerprints or other biometric-based information for a 117
License applicant for the purpose of obtaining that 118
applicant's criminal history record information, as defined 119
in 28 C.F.R. § 20.3(d) from the Federal Bureau of 120
Investigation and the State's criminal history record 121
repository as defined in 28 C.F.R. § 20.3(f). 122
O. "Data System" means the Commission's repository of 123
information about Licensees, including but not limited to 124
examination, licensure, investigative, Compact Privilege, 125
Adverse Action, and Alternative Program. 126
P. "Encumbrance" or "Encumbered" means a revocation or 127
suspension of, or any limitation or condition on, the full 128
and unrestricted practice of Athletic Training. 129
Q. "Executive Committee" means a group of 130
commissioners elected or appointed to act on behalf of, and 131
within the powers granted to them by, the compact and 132
Commission. 133
R. "Investigative Information" means information, 134
records, and documents received or generated by a Licensing 135
Authority pursuant to an investigation. 136
S. "Jurisprudence Requirement" means the assessment of 137
an individual's knowledge of the laws and Rules governing 138
the practice of Athletic Training, as applicable, in a State. 139
T. "License" means current authorization by a Member 140
State to engage in the practice of Athletic Training. 141
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U. "Licensee" or "Licensed Athletic Trainer" means an 142
individual who currently holds an active, unrestricted 143
License and who meets all of the requirements outlined in 144
Section 4 of this compact. 145
V. "Licensing Authority" means the board or agency of 146
a State, or equivalent, that is responsible for the 147
licensing and regulation of Athletic Trainers. 148
W. "Model Compact Language" means the model language 149
for the Athletic Trainer Compact on file with The Council of 150
State Governments or other entity as designated by the 151
Commission to which all Member States must substantively 152
adhere and adopt. 153
X. "Member State" means a State that has enacted the 154
compact. 155
Y. "Remote State" means a Member State other than the 156
State of Qualifying Licensure. 157
Z. "Rule" means a regulation promulgated by an 158
authorized entity that has the force of law. 159
AA. "Scope of Practice" means the procedures, actions, 160
and processes an Athletic Trainer licensed in a State is 161
permitted to undertake in that State and the circumstances 162
under which the Licensee is permitted to undertake those 163
procedures, actions and processes. Such procedures, actions 164
and processes and the circumstances under which they may be 165
undertaken may be established through means, including, but 166
not limited to, statute, regulations, case law, and other 167
processes available to the State Licensing Authority or 168
other government agency. Scope of Practice shall include 169
any State requirements regarding supervision or direction, 170
if required by such State and as further defined by such 171
State's statutes and regulations. 172
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BB. "Single State License" means a License issued by 173
any State that authorizes practice only within the issuing 174
State. 175
CC. "State" means any state, commonwealth, district, 176
or territory of the United States of America. 177
DD. "State of Qualifying Licensure" means the Member 178
State who has issued a Compact Qualifying License to a 179
Licensee pursuant to this compact. 180
EE. "Unencumbered License" means a License that 181
authorizes a Licensee to engage in the full and unrestricted 182
practice of Athletic Training. 183
SECTION 3. STATE PARTICIPATION IN THE COMPACT 184
A. To be eligible to join this compact and to maintain 185
eligibility as a Member State, a State must: 186
1. Enact and maintain a statute that is not materially 187
different from the Model Compact Language; 188
2. License and regulate the practice of Athletic 189
Training; 190
3. Require that Licensees in that State maintain 191
Continuing Competence standards as part of their State 192
practice act or Rules; 193
4. Have a mechanism in place for receiving and 194
investigating complaints about Licensees; 195
5. Grant the Compact Privilege to a Licensee who meets 196
all the requirements outlined in Section 4 in accordance 197
with the terms of the compact and any Rules promulgated 198
thereunder; 199
6. Participate fully in the Compact Commission's Data 200
System, including using the unique identifier as defined in 201
Rules; 202
7. Notify the Compact Commission, in compliance with 203
the terms of the Compact and Rules, of any Adverse Action or 204
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the availability of Current Significant Investigative 205
Information regarding a Licensee; 206
8. Within a time frame established by Rule, implement 207
or utilize procedures for considering the criminal history 208
records of applicants for a Compact Qualifying License which 209
includes receiving the results of the Federal Bureau of 210
Investigation record search and shall use those results in 211
making licensure decisions. These procedures shall include 212
the submission of fingerprints or other biometric-based 213
information by applicants for the purpose of obtaining an 214
applicant's criminal history record information from the 215
Federal Bureau of Investigation and the agency responsible 216
for retaining that State's criminal records; and 217
a. A Member State must fully implement a Criminal 218
Background Check requirement in order to participate in the 219
issuance and acceptance of Compact Privileges. 220
b. Communication between a Member State and the 221
Compact Commission or among Member States regarding the 222
verification of eligibility for licensure through the 223
compact shall not include any information received from the 224
Federal Bureau of Investigation relating to a federal 225
criminal records check performed by a Member State. 226
9. Comply with and enforce the Rules of the Compact 227
Commission. 228
B. Member States may set and collect a fee for 229
issuance and renewal of a Compact Privilege to applicants. 230
C. Individuals without a Compact Qualifying License 231
shall continue to be able to apply for a Member State's 232
Single-State License as provided under the laws of each 233
Member State. 234
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D. Nothing in this compact shall affect the 235
requirements established by a Member State for the issuance 236
of a Single State License. 237
E. A Compact Qualifying License shall be recognized by 238
each Remote State as authorizing that Licensee to engage in 239
the practice of Athletic Training, under a Compact 240
Privilege, in another Member State in accordance with the 241
requirements in Section 4. 242
SECTION 4. COMPACT PRIVILEGE 243
A. To be eligible for a Compact Privilege under the 244
terms and provisions of the compact, the Licensee shall 245
complete a Criminal Background Check performed by the 246
Licensing Authority in the State of Qualifying Licensure 247
prior to entry in the compact and shall: 248
1. Satisfy one of the following two pathways: 249
a. Hold a valid current active certification through 250
the BOC, or its successor organization; or 251
b. If a Licensee does not meet the requirements of 252
4.A.1.a., the following must be completed: 253
i. An education program which is either: 254
1. At least a bachelor's degree with a major course of 255
study in Athletic Training, or an equivalent course of study 256
from a college or university accredited at the time of 257
graduation by CAATE, or its successor organization; 258
2. An academic degree from a college or university in 259
a foreign country equivalent to the degree described in 260
subparagraph 1 of this subsection with a major course of 261
study as described in subparagraph 1 of this subsection that 262
is accredited by CAATE, or its successor organization; or 263
3. The substantial equivalent of the foregoing which 264
the Commission may determine by Rule. 265
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ii. Successful completion of the exam administered by 266
the BOC, or its successor organization, preceding the date 267
of the Licensee's application for Licensure in their State 268
of Qualifying Licensure or the substantial equivalent of the 269
foregoing requirement which the Commission may determine by 270
Rule. 271
2. Hold a Compact Qualifying License; 272
3. Have not had any Encumbrance against any license or 273
Compact Privilege to practice Athletic Training within the 274
previous two (2) years; 275
4. Be eligible for a Compact Privilege in any Member 276
State in accordance with Section 4; 277
5. Notify the Compact Commission that the Licensee is 278
seeking the Compact Privilege within a Remote State(s); 279
6. Pay any applicable fees, including any State fee, 280
for the Compact Privilege; 281
7. Meet only the Continuing Competence requirements 282
established by the State of Qualifying Licensure; 283
8. Comply with any requirements of the State of 284
Qualifying Licensure as set forth in Section 3; 285
9. Meet any Jurisprudence Requirements established by 286
the Remote State(s) in which the Licensee is seeking a 287
Compact Privilege; and 288
10. Report to the Compact Commission any Adverse 289
Action, Encumbrance, or restriction on a license taken by 290
any non-Member State within 30 days from the date the action 291
is taken. 292
B. The Compact Privilege is valid until the expiration 293
date of the Compact Qualifying License. To maintain a 294
Compact Privilege, renewal of the Compact Privilege shall be 295
congruent with the renewal of the Compact Qualifying License 296
as the Compact Commission may define by Rule. The Licensee 297
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must comply with the requirements of this section to 298
maintain the Compact Privilege in the Remote State. A 299
Licensee may apply for and hold Compact Privileges in 300
multiple Member States. 301
C. A Licensed Athletic Trainer must follow the Scope 302
of Practice of the Member State where the patient is 303
located. A Licensee engaging in the practice of Athletic 304
Training in a Remote State under the Compact Privilege shall 305
adhere to the Scope of Practice laws and regulations of the 306
Remote State. Licensees shall be responsible for educating 307
themselves on, and complying with, any and all Scope of 308
Practice laws and regulations State laws relating to the 309
remote practice of Athletic Training, as applicable. 310
D. A Licensee engaging in the practice of Athletic 311
Training in a Remote State is subject to that State's 312
regulatory authority. A Remote State may, in accordance 313
with due process and that State's laws, remove a Licensee's 314
Compact Privilege in the Remote State for a specific period 315
of time, impose fines, or take any other necessary actions 316
to protect the health and safety of its citizens. Any 317
Member State which undertakes such an action shall promptly 318
notify the Member State and the Commission as specified in 319
the Rules. The Licensee may be deemed to be ineligible to 320
exercise the Compact Privilege by any Member State until the 321
specific time for removal has passed and all fines are paid. 322
E. All Member State disciplinary orders that impose 323
Adverse Action against a Compact Qualifying License shall 324
result in deactivation of the Licensee's Compact Privilege 325
in all Member States during the pendency of the order. If a 326
Compact Qualifying License is Encumbered, the Licensee shall 327
lose the Compact Privilege in any Remote State until the 328
following occur: 329
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1. The Compact Qualifying License is no longer 330
Encumbered; and 331
2. The Licensee has not had any Encumbrance or 332
restriction against any License, Compact Qualifying License 333
or Compact Privilege within the previous two (2) years. 334
F. Once an Encumbered License is restored to good 335
standing as a Compact Qualifying License (as certified by 336
the Licensing Authority), the Licensee must meet the 337
requirements of this section to obtain a Compact Privilege 338
in any Remote State. 339
G. If a Licensee's Compact Privilege in any Remote 340
State is removed, that Licensee may also lose the Compact 341
Privilege in other Remote States, as each Member State shall 342
determine in its sole authority, until the following occur: 343
1. The specific period of time for which the Compact 344
Privilege was removed has ended; 345
2. All fines have been paid; and 346
3. Have not had any Encumbrance or restriction against 347
any License or Compact Privilege within the previous two (2) 348
years. 349
H. Once the requirements of Section 4.G have been met, 350
the Licensee must meet the requirements in Section 4.A to 351
obtain a Compact Privilege in a Remote State. 352
SECTION 5. COMPACT QUALIFYING LICENSE 353
A. A Licensee may only designate one License as their 354
Compact Qualifying License at a time. The procedures for 355
such designation may be further defined by Compact 356
Commission Rule. 357
B. Nothing in this Section shall require that the 358
State of Qualifying Licensure be the State of primary 359
residence or State of primary practice for the Licensee. 360
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C. Nothing in this Compact shall interfere with a 361
Licensee's ability to hold a Single State License in 362
multiple States. 363
D. Nothing in this Compact shall affect the 364
requirements established by a Member State for the issuance 365
of a Single State License. 366
SECTION 6. ACTIVE MILITARY MEMBER OR THEIR SPOUSES 367
An Active Military Member or their spouse shall not be 368
required to pay a fee to the Commission for a Compact 369
Privilege. If a Member State chooses to charge a Member 370
State fee, it may choose to charge a reduced fee or no fee 371
to an Active Military Member or their spouse for a Compact 372
Privilege. 373
SECTION 7. ADVERSE ACTIONS 374
A. A Member State in which a Licensee is issued a 375
Compact Qualifying License shall have the exclusive 376
authority to impose Adverse Action against the Compact 377
Qualifying License issued by that Member State. 378
B. A Member State may take Adverse Action based on 379
Current Significant Investigative Information of a Remote 380
State, so long as the Member State follows its own 381
procedures for imposing Adverse Action. 382
C. Nothing in this compact shall override a Member 383
State's decision that participation in an Alternative 384
Program may be used in lieu of Adverse Action and that such 385
participation shall remain non-public if required by the 386
Member State's laws or Rules. 387
D. A Remote State shall have the authority to: 388
1. Take Adverse Actions as set forth herein against a 389
Licensee's Compact Privilege in that State; and 390
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2. Issue subpoenas for both hearings and 391
investigations that require the attendance and testimony of 392
witnesses as well as the production of evidence. 393
a. Subpoenas may be issued by a Member State Athletic 394
Training Licensing Authority for the attendance and 395
testimony of witnesses and the production of evidence. 396
b. A Member State which issues a subpoena may request 397
service of that subpoena by another Member State. The 398
Member State receiving the request to serve a subpoena shall 399
serve the subpoena if it is deemed enforceable by a court of 400
competent jurisdiction according to the practice and 401
procedure in the receiving Member State. 402
c. The issuing authority shall pay any witness fees, 403
travel expenses, mileage, and other fees required by the 404
service statutes of the State where the witnesses or 405
evidence are located. 406
E. For purposes of taking Adverse Action, a Member 407
State shall give the same priority and effect to reported 408
conduct received from another Member State as it would if 409
the conduct had occurred within that State. In so doing, 410
the investigating Member State shall apply its own State 411
laws to determine appropriate action. 412
F. A Member State, if otherwise permitted by State 413
law, may recover from the affected Licensee the costs of 414
investigations and dispositions of cases resulting from any 415
Adverse Action taken against that Licensee. 416
G. Joint Investigations: 417
1. In addition to the authority granted to a Member 418
State by its respective State law, any Member State may 419
participate with other Member States in joint investigations 420
of Licensees. 421
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2. Member States shall share any Current Significant 422
Investigative Information, litigation, or compliance 423
materials in furtherance of any joint or individual 424
investigation initiated under the compact. In sharing such 425
information between Member State Athletic Trainer Licensing 426
Authorities, all information obtained shall be kept 427
confidential, except as otherwise mutually agreed upon by 428
the sharing and receiving Member State(s). 429
3. A Remote State may issue subpoenas on behalf of a 430
Member State for both hearings and investigations that 431
require the attendance and testimony of witnesses as well as 432
the production of evidence. 433
H. If a Member State takes Adverse Action, it shall 434
promptly notify the administrator of the Data System. The 435
administrator of the Data System shall promptly notify all 436
Member States of any Adverse Actions by Remote States. 437
I. Nothing in this compact may permit a Member State 438
to take any Adverse Action against a Licensee or holder of a 439
Compact Privilege for conduct or practice occurring in 440
another Member State that was legal in the Member State at 441
the time it was undertaken. 442
SECTION 8. ESTABLISHMENT AND OPERATION OF THE COMMISSION 443
A. The compact Member States hereby create and 444
establish a joint government agency whose membership 445
consists of all Member States that have enacted the compact 446
known as the Athletic Trainer Licensure Compact Commission. 447
The Compact Commission is an instrumentality of the Member 448
States acting jointly and not an instrumentality of any one 449
State. The Compact Commission shall come into existence on 450
or after the effective date of the Compact as set forth in 451
Section 12. 452
B. Membership, Voting, and Meetings: 453
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1. Each Member State shall have and be limited to one 454
(1) Commissioner selected by that Member State's Licensing 455
Authority within 60 days of the Member State's effective 456
date. 457
2. The Commissioner shall be an administrator or their 458
designated staff or current board member of the Licensing 459
Authority. 460
3. The Compact Commission may recommend removal or 461
suspension of any Commissioner from office. 462
4. A Member State's Licensing Authority shall fill any 463
vacancy of its Commissioner occurring on the Compact 464
Commission within 60 days of the vacancy. 465
5. Each Commissioner shall be entitled to one vote on 466
all matters before the Compact Commission requiring a vote 467
by the Commissioners. 468
6. The Compact Commission shall meet at least once 469
during each calendar year. Additional meetings may be held 470
as set forth in the Commission bylaws. A Commissioner shall 471
vote in person or by such other means as provided in the 472
bylaws. The bylaws may provide for Commissioners to meet by 473
telecommunication, videoconference, or other means of 474
communication. 475
C. The Compact Commission shall have the following 476
powers: 477
1. Promulgate, adopt, and amend Rules and bylaws; 478
2. Establish code of conduct, confidentiality, and 479
conflict of interest policies for Commissioners; 480
3. Establish the fiscal year of the Compact Commission; 481
4. Maintain its financial records in accordance with 482
the bylaws; 483
5. Purchase and maintain insurance and insurance bonds; 484
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6. Accept, or contract for services of personnel, 485
including, but not limited to, employees of a Member State; 486
7. Conduct a financial review or audit; 487
8. Hire employees, elect or appoint officers, fix 488
compensation, define duties, grant such individuals 489
appropriate authority to carry out the purposes of the 490
Compact, and establish the Compact Commission's personnel 491
policies and programs relating to conflicts of interest, 492
qualifications of personnel, and other related personnel 493
matters; 494
9. Enter into contracts or arrangements for the 495
management of the affairs of the Commission; 496
10. Assess and collect fees; 497
11. Accept any and all appropriate gifts, donations, 498
grants of money, other sources of revenue, equipment, 499
supplies, materials, and services, and receive, utilize, and 500
dispose of the same; provided that at all times the Compact 501
Commission shall avoid any appearance of impropriety or 502
conflict of interest; 503
12. Lease, purchase, retain, own, hold, improve, 504
invest, or use any property, real, personal, or mixed, or 505
any undivided interest therein; 506
13. Sell, convey, mortgage, pledge, lease, exchange, 507
abandon, or otherwise dispose of any property real, 508
personal, or mixed; 509
14. Establish a budget and make expenditures; 510
15. Borrow and invest money; 511
16. Meet and take such actions as are consistent with 512
the provisions of this compact, the Compact Commission's 513
Rules, and the bylaws; 514
17. Initiate and conclude legal proceedings or actions 515
in the name of the Compact Commission, provided that the 516
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standing of any Licensing Authority to sue or be sued under 517
applicable law shall not be affected; 518
18. Maintain and certify records and information 519
provided to a Member State as the authenticated business 520
records of the Compact Commission, and designate an agent to 521
do so on the Compact Commission's behalf; 522
19. Provide and receive information from, and 523
cooperate with, law enforcement agencies; 524
20. Determine whether a State's adopted language is 525
materially different from the Model Compact Language such 526
that the State would not qualify for participation in the 527
compact; 528
21. Establish and elect an Executive Committee, 529
including a chair and a vice chair, secretary, treasurer, 530
and such other offices as the Commission shall establish by 531
Rule or bylaw; 532
22. Appoint committees, including standing committees, 533
composed of Member State Commissioners, State regulators, 534
State legislators or their representatives, and consumer 535
representatives, and such other interested persons as may be 536
designated in this compact and the bylaws; and 537
23. Perform such other functions as may be necessary 538
or appropriate to achieve the purposes of this compact. 539
D. The Executive Committee: 540
1. The Executive Committee shall have the power to act 541
on behalf of the Compact Commission according to the terms 542
of this compact. The powers, duties, and responsibilities 543
of the Executive Committee shall include: 544
a. Exercise the powers and duties of the Compact 545
Commission during the interim between Compact Commission 546
meetings, except for adopting or amending Rules, adopting or 547
amending bylaws, and exercising any other powers and duties 548
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expressly reserved to the Compact Commission by Rule or 549
bylaw; 550
b. Oversee the day-to-day activities of the 551
administration of the Compact including enforcement and 552
compliance with the provisions of the Compact, its Rules and 553
bylaws, and other such duties as deemed necessary; 554
c. Recommend to the Compact Commission changes to the 555
Rules or bylaws, changes to this compact legislation, fees 556
charged to Compact Member States, fees charged to Licensees, 557
and other fees; 558
d. Ensure compact administration services are 559
appropriately provided, including by contract; 560
e. Prepare and recommend the budget; 561
f. Maintain financial records on behalf of the Compact 562
Commission; 563
g. Monitor compact compliance of Member States and 564
provide compliance reports to the Compact Commission; 565
h. Establish additional committees as necessary; and 566
i. Other duties as provided in the Rules or bylaws of 567
the Compact Commission. 568
2. The Executive Committee shall be composed of five 569
voting members, elected by the Compact Commission: 570
a. The chair and vice chair of the Compact Commission, 571
shall be voting members of the Executive Committee; 572
b. The Compact Commission shall elect up to three 573
additional voting members from the current membership of the 574
Compact Commission to include the offices of treasurer, 575
secretary, and one member-at-large; and 576
c. Up to four (4) ex-officio, nonvoting members from 577
recognized national athletic trainer organizations. 578
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3. The Compact Commission may remove any member of the 579
Executive Committee as provided in the Compact Commission's 580
bylaws. 581
4. The Executive Committee shall meet at least 582
annually: 583
a. Executive Committee meetings shall be open to the 584
public, except that the Executive Committee may meet in a 585
closed, non-public meeting as provided in this section. 586
b. The Executive Committee shall give advance notice 587
of its meetings, posted on its website and as determined by 588
rule or bylaw to provide notice to persons with an interest 589
in the business of the Compact Commission. 590
c. The Executive Committee may hold a special meeting 591
in accordance with this section. 592
E. The Compact Commission shall adopt and provide to 593
the Member States an annual report. 594
F. Meetings of the Compact Commission: 595
1. All meetings shall be open to the public, except 596
that the Compact Commission may meet in a closed, non-public 597
meeting as provided in this section. 598
2. Public notice for all meetings of the full Compact 599
Commission of meetings shall be given in the same manner as 600
required under the rulemaking provisions in this compact, 601
except that the Compact Commission may hold a special 602
meeting as provided in this section. 603
3. The Compact Commission may hold a special meeting 604
when it must meet to conduct emergency business by giving 24 605
hours' notice to all Commissioners, on the Compact 606
Commission's website, and other means as provided in the 607
Compact Commission's Rules. The Compact Commission's legal 608
counsel shall certify that the Compact Commission's need to 609
meet qualifies as an emergency. 610
SB 1149 21
4. The Compact Commission or the Executive Committee 611
or other committees of the Compact Commission may convene in 612
a closed, non-public meeting for the Compact Commission or 613
Executive Committee or other committees of the Compact 614
Commission to receive legal advice or to discuss: 615
a. Non-compliance of a Member State with its 616
obligations under the Compact; 617
b. The employment, compensation, discipline or other 618
matters, practices or procedures related to specific 619
employees; 620
c. Current or threatened discipline of a Licensee by a 621
Member State's Licensing Authority; 622
d. Current, threatened, or reasonably anticipated 623
litigation; 624
e. Negotiation of contracts for the purchase, lease, 625
or sale of goods, services, or real estate; 626
f. Accusing any person of a crime or formally 627
censuring any person; 628
g. Trade secrets or commercial or financial 629
information that is privileged or confidential; 630
h. Information of a personal nature where disclosure 631
would constitute a clearly unwarranted invasion of personal 632
privacy; 633
i. Investigative records compiled for law enforcement 634
purposes; 635
j. Information related to any investigative reports 636
prepared by or on behalf of or for use of the Compact 637
Commission or other committee charged with responsibility of 638
investigation or determination of compliance issues pursuant 639
to the compact; 640
k. Matters specifically exempted from disclosure by 641
federal or Member State law; or 642
SB 1149 22
l. Other matters as specified in Rules of the Compact 643
Commission. 644
5. If a meeting, or portion of a meeting, is closed, 645
the Compact Commission's legal counsel or designee shall 646
certify that the meeting will be closed and reference each 647
relevant exempting provision, and such reference shall be 648
recorded in the minutes. All minutes and documents of a 649
closed meeting shall remain under seal, subject to release 650
only by a majority vote of the Compact Commission or order 651
of a court of competent jurisdiction. 652
G. Financing of the Compact Commission: 653
1. The Compact Commission shall pay, or provide for 654
the payment of, the reasonable expenses of its 655
establishment, organization, and ongoing activities. 656
2. The Compact Commission may accept any and all 657
appropriate revenue sources as provided in this section. 658
3. The Compact Commission may levy on and collect an 659
annual assessment from each Member State and impose fees on 660
Licensees of Member States to whom it grants a Compact 661
Privilege to cover the cost of the operations and activities 662
of the Compact Commission and its staff, which must be in a 663
total amount sufficient to cover its annual budget as 664
approved each year for which revenue is not provided by 665
other sources. The aggregate annual assessment amount for 666
Member States shall be allocated based upon a formula that 667
the Compact Commission shall promulgate by Rule. 668
4. The Compact Commission shall not incur obligations 669
of any kind prior to securing the funds or a loan adequate 670
to meet the same; nor shall the Compact Commission pledge 671
the credit of any of the Member States, except by and with 672
the authority of the Member State. 673
SB 1149 23
5. The Compact Commission shall keep accurate accounts 674
of all receipts and disbursements. The receipts and 675
disbursements of the Compact Commission shall be subject to 676
the financial review or audit and accounting procedures 677
established under its bylaws. However, all receipts and 678
disbursements of funds handled by the Compact Commission 679
shall be subject to an annual financial review or audit by a 680
certified or licensed public accountant, and the report of 681
the financial review or audit shall be included in and 682
become part of the annual report of the Compact Commission. 683
H. Qualified Immunity, Defense, and Indemnification: 684
1. The members, officers, executive director, 685
employees and representatives of the Compact Commission 686
shall be immune from suit and liability, both personally and 687
in their official capacity, for any claim for damage to or 688
loss of property or personal injury or other civil liability 689
caused by or arising out of any actual or alleged act, 690
error, or omission that occurred, or that the person against 691
whom the claim is made had a reasonable basis for believing 692
occurred within the scope of Compact Commission employment, 693
duties or responsibilities; provided that nothing in this 694
paragraph shall be construed to protect any such person from 695
suit or liability for any damage, loss, injury, or liability 696
caused by the intentional or willful or wanton misconduct of 697
that person. The procurement of insurance of any type by 698
the Compact Commission shall not in any way compromise or 699
limit the immunity granted hereunder. 700
2. The Compact Commission shall defend any member, 701
officer, executive director, employee, and representative of 702
the Compact Commission in any civil action seeking to impose 703
liability arising out of any actual or alleged act, error, 704
or omission that occurred within the scope of Compact 705
SB 1149 24
Commission employment, duties, or responsibilities, or as 706
determined by the Compact Commission that the person against 707
whom the claim is made had a reasonable basis for believing 708
occurred within the scope of Compact Commission employment, 709
duties, or responsibilities; provided that nothing herein 710
shall be construed to prohibit that person from retaining 711
their own counsel at their own expense; and provided 712
further, that the actual or alleged act, error, or omission 713
did not result from that person's intentional or willful or 714
wanton misconduct. 715
3. The Compact Commission shall indemnify and hold 716
harmless any member, officer, executive director, employee, 717
and representative of the Compact Commission for the amount 718
of any settlement or judgment obtained against that person 719
arising out of any actual or alleged act, error, or omission 720
that occurred within the scope of Compact Commission 721
employment, duties, or responsibilities, or that such person 722
had a reasonable basis for believing occurred within the 723
scope of Compact Commission employment, duties, or 724
responsibilities, provided that the actual or alleged act, 725
error, or omission did not result from the intentional or 726
willful or wanton misconduct of that person. 727
4. Nothing herein shall be construed as a limitation 728
on the liability of any Licensee for professional 729
malpractice or misconduct, which shall be governed solely by 730
any other applicable State laws. 731
5. Nothing in this compact shall be interpreted to 732
waive or otherwise abrogate a Member State's state action 733
immunity or state action affirmative defense with respect to 734
antitrust claims under the Sherman Act, Clayton Act, or any 735
other State or federal antitrust or anticompetitive law or 736
regulation. 737
SB 1149 25
6. Nothing in this compact shall be construed to be a 738
waiver of sovereign immunity by the Member States or by the 739
Compact Commission. 740
SECTION 9. DATA SYSTEM 741
A. The Commission shall provide for the development, 742
maintenance, operation, and utilization of a coordinated 743
Data System and reporting system containing licensure, 744
Compact Privileges, Adverse Action, and the presence of 745
Current Significant Investigative Information on all 746
Licensees and applicants for a License in Member States. 747
B. Notwithstanding any other provision of State law to 748
the contrary, a Member State shall submit a uniform data set 749
to the Data System on all Licensees, applicants, and others 750
to whom this compact is applicable as required by the Rules 751
of the Compact Commission, including: 752
1. Personally identifying information; 753
2. Licensure data; 754
3. Adverse Actions against a Licensee, License 755
applicant or Compact Privilege and information related 756
thereto; 757
4. Non-confidential information related to Alternative 758
Program participation, the beginning and ending dates of 759
such participation, and other information related to such 760
participation; 761
5. Any denial of an application for licensure and the 762
reason(s) for such denial (excluding the reporting of any 763
criminal history record information where prohibited by law); 764
6. A binary determination regarding the presence of 765
Current Significant Investigative Information; and 766
7. Other information that may facilitate the 767
administration of this compact or the protection of the 768
public, as determined by the Rules of the Commission. 769
SB 1149 26
C. The records and information provided to a Member 770
State pursuant to this compact or through the Data System, 771
when certified by the Commission or an agent thereof, shall 772
constitute the authenticated business records of the 773
Commission, and shall be entitled to any associated hearsay 774
exception in any relevant judicial, quasi-judicial or 775
administrative proceedings in a Member State. 776
D. Current Significant Investigative Information 777
pertaining to a Licensee in any Member State will only be 778
available to other Member States. 779
E. It is the responsibility of the Member States to 780
monitor the Data System to determine whether Adverse Action 781
has been taken against a Licensee or License applicant. 782
Adverse Action information pertaining to a Licensee or 783
License applicant in any Member State will be available to 784
any other Member State. 785
F. Member States contributing information to the Data 786
System may designate information that may not be shared with 787
the public without the express permission of the 788
contributing State. 789
G. Any information submitted to the Data System that 790
is subsequently expunged pursuant to federal law or the laws 791
of the Member State contributing the information shall be 792
removed from the Data System. 793
SECTION 10. RULEMAKING 794
A. The Compact Commission shall promulgate reasonable 795
Rules in order to effectively and efficiently implement and 796
administer the purposes and provisions of the Compact. A 797
Rule shall be invalid and have no force or effect only if a 798
court of competent jurisdiction holds that the Rule is 799
invalid because the Compact Commission exercised its 800
rulemaking authority in a manner that is beyond the scope 801
SB 1149 27
and purposes of the Compact, or the powers granted 802
hereunder, or based upon another applicable standard of 803
review. 804
B. The Rules of the Compact Commission shall have the 805
force of law in each Member State, provided however that 806
where the Rules conflict with the laws or regulations of a 807
Member State that relate to the Scope of Practice a Licensed 808
Athletic Trainer is permitted to undertake in that State and 809
the circumstances under which they may do so, as held by a 810
court of competent jurisdiction, the Rules of the Compact 811
Commission shall be ineffective in that State to the extent 812
of the conflict. 813
C. The Compact Commission shall exercise its 814
rulemaking powers pursuant to the criteria set forth in this 815
section and the Rules adopted thereunder. Rules of this 816
compact shall become binding on the day following adoption 817
or as of the date specified in the Rule or amendment, 818
whichever is later. 819
D. If a majority of the legislatures of the Member 820
States rejects a Rule or portion of a Rule, by enactment of 821
a statute or resolution in the same manner used to adopt the 822
Compact within four (4) years of the date of adoption of the 823
Rule, then such Rule shall have no further force and effect 824
in any Member State. 825
E. Rules shall be adopted at a regular or special 826
meeting of the Compact Commission. 827
F. Prior to adoption of a proposed Rule, the Compact 828
Commission shall hold a public hearing and allow persons to 829
provide oral and written comments, data, facts, opinions, 830
and arguments. At least thirty (30) days in advance of the 831
public hearing on the proposed Rule, the Compact Commission 832
shall provide a notice of proposed rulemaking: 833
SB 1149 28
1. On the website of the Compact Commission or other 834
publicly accessible platform; 835
2. To persons who have requested notice of the Compact 836
Commission's notices of proposed rulemaking; and 837
3. In such other way(s) as the Compact Commission may 838
by Rule specify. 839
G. The notice of proposed rulemaking shall include: 840
1. The time, date, and location of the public hearing 841
at which the Compact Commission will hear public comments on 842
the proposed Rule and, if different, the time, date, and 843
location of the meeting where the Compact Commission will 844
consider and vote on the proposed Rule; 845
2. If the hearing is held via telecommunication, video 846
conference, or other electronic means, the Compact 847
Commission shall include the mechanism for access to the 848
hearing in the notice of proposed rulemaking; 849
3. The text of the proposed Rule and the reason 850
therefor; 851
4. A request for comments on the proposed Rule from 852
any interested person; and 853
5. The manner in which interested persons may submit 854
written comments. 855
H. All hearings will be recorded. A copy of the 856
recording and all written comments and documents received by 857
the Compact Commission in response to the proposed Rule 858
shall be available to the public. 859
I. Nothing in this section shall be construed as 860
requiring a separate hearing on each Rule. Rules may be 861
grouped for the convenience of the Compact Commission at 862
hearings required by this section. 863
SB 1149 29
J. The Compact Commission shall, by majority vote of 864
all members, take final action on the proposed Rule based on 865
the rulemaking record and the full text of the Rule. 866
1. The Compact Commission may adopt changes to the 867
proposed Rule provided the changes do not enlarge the 868
original purpose of the proposed Rule. 869
2. The Compact Commission shall provide an explanation 870
of the reasons for substantive changes made to the proposed 871
Rule as well as reasons for substantive changes not made 872
that were recommended by commenters. 873
3. The Compact Commission shall determine a reasonable 874
effective date for the Rule. Except for an emergency as 875
provided in this section, the effective date of the Rule 876
shall be no sooner than 30 days after issuing the notice 877
that it adopted or amended the Rule. 878
K. Upon determination that an emergency exists, the 879
Compact Commission may consider and adopt an emergency Rule 880
with 24 hours' notice, with opportunity to comment, provided 881
that the usual rulemaking procedures provided in the compact 882
and in this section shall be retroactively applied to the 883
Rule as soon as reasonably possible, in no event later than 884
ninety (90) days after the effective date of the Rule. For 885
the purposes of this provision, an emergency Rule is one 886
that must be adopted immediately in order to: 887
1. Meet an imminent threat to public health, safety, 888
or welfare; 889
2. Prevent a loss of Compact Commission or Member 890
State funds; 891
3. Meet a deadline for the promulgation of a Rule that 892
is established by federal law or rule; or 893
4. Protect public health and safety. 894
SB 1149 30
L. The Compact Commission or an authorized committee 895
of the Compact Commission may direct revisions to a 896
previously adopted Rule for purposes of correcting 897
typographical errors, errors in format, errors in 898
consistency, or grammatical errors. Public notice of any 899
revisions shall be posted on the website of the Compact 900
Commission. The revision shall be subject to challenge by 901
any person for a period of thirty (30) days after posting. 902
The revision may be challenged only on grounds that the 903
revision results in a material change to a Rule. A 904
challenge shall be made in writing and delivered to the 905
Compact Commission prior to the end of the notice period. 906
If no challenge is made, the revision will take effect 907
without further action. If the revision is challenged, the 908
revision may not take effect without the approval of the 909
Compact Commission. 910
M. No Member State's rulemaking requirements shall 911
apply under this Compact. 912
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 913
A. Oversight: 914
1. The executive and judicial branches of State 915
government in each Member State shall enforce this compact 916
and take all actions necessary and appropriate to implement 917
the compact. 918
2. Except as otherwise provided in this compact, venue 919
is proper and judicial proceedings by or against the Compact 920
Commission shall be brought solely and exclusively in a 921
court of competent jurisdiction where the principal office 922
of the Compact Commission is located. The Compact 923
Commission may waive venue and jurisdictional defenses to 924
the extent it adopts or consents to participate in 925
alternative dispute resolution proceedings. Nothing herein 926
SB 1149 31
shall affect or limit the selection or propriety of venue in 927
any action against a Licensee for professional malpractice, 928
misconduct or any such similar matter. 929
3. The Compact Commission shall be entitled to receive 930
service of process in any proceeding regarding the 931
enforcement or interpretation of the compact and shall have 932
standing to intervene in such a proceeding for all 933
purposes. Failure to provide the Compact Commission service 934
of process shall render a judgment or order void as to the 935
Compact Commission, this Compact, or promulgated Rules. 936
B. Default, Technical Assistance, and Termination: 937
1. If the Compact Commission determines that a Member 938
State has defaulted in the performance of its obligations or 939
responsibilities under this compact or the promulgated 940
Rules, the Commission shall provide written notice to the 941
defaulting State. The notice of default shall describe the 942
default, the proposed means of curing the default, and any 943
other action that the Compact Commission may take, and shall 944
offer training and specific technical assistance regarding 945
the default. 946
2. The Compact Commission shall provide a copy of the 947
notice of default to the other Member States. 948
C. If a State in default fails to cure the default, 949
the defaulting State may be terminated from the compact upon 950
an affirmative vote of a majority of the Commissioners of 951
the Member States, and all rights, privileges and benefits 952
conferred on that State by this compact may be terminated on 953
the effective date of termination. A cure of the default 954
does not relieve the offending State of obligations or 955
liabilities incurred during the period of default. 956
D. Termination of membership in the compact shall be 957
imposed only after all other means of securing compliance 958
SB 1149 32
have been exhausted. Notice of intent to suspend or 959
terminate shall be given by the Compact Commission to the 960
governor, the majority and minority leaders of the 961
defaulting State's legislature, the defaulting State's 962
Licensing Authority and each of the Member States' Licensing 963
Authority. 964
E. A State that has been terminated is responsible for 965
all assessments, obligations, and liabilities incurred 966
through the effective date of termination, including 967
obligations that extend beyond the effective date of 968
termination. 969
F. Upon the termination of a State's membership from 970
this compact, that State shall immediately provide notice to 971
all Licensees within that State of such termination. The 972
terminated State shall continue to recognize all Licenses 973
and Compact Privileges granted pursuant to this compact for 974
a minimum of 180 days after the date of said notice of 975
termination. 976
G. The Compact Commission shall not bear any costs 977
related to a State that is found to be in default or that 978
has been terminated from the compact, unless agreed upon in 979
writing between the Compact Commission and the defaulting 980
State. 981
H. The defaulting State may appeal the action of the 982
Compact Commission by petitioning the U.S. District Court 983
for the District of Columbia or the federal district where 984
the Compact Commission has its principal offices. The 985
prevailing party shall be awarded all costs of such 986
litigation, including reasonable attorney's fees. 987
I. Dispute Resolution: 988
1. Upon request by a Member State, the Compact 989
Commission shall attempt to resolve disputes related to the 990
SB 1149 33
compact that arise among Member States and between Member 991
and non-Member States. 992
2. The Compact Commission shall promulgate a Rule 993
providing for both mediation and binding dispute resolution 994
for disputes as appropriate. 995
J. Enforcement: 996
1. By two-thirds majority (2/3) vote, the Compact 997
Commission may initiate legal action against a Member State 998
in default in the United States District Court for the 999
District of Columbia or the federal district where the 1000
Compact Commission has its principal offices to enforce 1001
compliance with the provisions of the compact and its 1002
promulgated Rules. The relief sought may include both 1003
injunctive relief and damages. In the event judicial 1004
enforcement is necessary, the prevailing party shall be 1005
awarded all costs of such litigation, including reasonable 1006
attorney's fees. The remedies herein shall not be the 1007
exclusive remedies of the Compact Commission. The Compact 1008
Commission may pursue any other remedies available under 1009
federal or the defaulting Member State's law. 1010
2. A Member State may initiate legal action against 1011
the Compact Commission in the U.S. District Court for the 1012
District of Columbia or the federal district where the 1013
Compact Commission has its principal offices to enforce 1014
compliance with the provisions of the compact and its 1015
promulgated Rules. The relief sought may include both 1016
injunctive relief and damages. In the event judicial 1017
enforcement is necessary, the prevailing party shall be 1018
awarded all costs of such litigation, including reasonable 1019
attorney's fees. 1020
3. No person other than a Member State shall enforce 1021
this compact against the Compact Commission. 1022
SB 1149 34
SECTION 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 1023
A. The Compact shall come into effect on the date on 1024
which the compact statute is enacted into law in the seventh 1025
Member State. 1026
1. On or after the effective date of the compact, the 1027
Compact Commission shall convene and review the enactment of 1028
each of the first seven Member States ("Charter Member 1029
States") to determine if the statute enacted and made 1030
effective by each such Charter Member State is materially 1031
different than the model compact statute. 1032
a. A Charter Member State whose enactment is found to 1033
be materially different from the Model Compact Language 1034
shall be entitled to the default process set forth in 1035
Section 11. 1036
b. If any Member State is later found to be in 1037
default, or is terminated or withdraws from the Compact, the 1038
Compact Commission shall remain in existence and the Compact 1039
shall remain in effect even if the number of Member States 1040
should be less than seven. 1041
2. Member States enacting the compact subsequent to 1042
the seven initial Charter Member States shall be subject to 1043
the process set forth in this section to determine if their 1044
enactments are materially different from the model Compact 1045
statute and whether they qualify for participation in the 1046
Compact. 1047
3. All actions taken for the benefit of the Compact 1048
Commission or in furtherance of the purposes of the 1049
administration of the compact prior to the effective date of 1050
the compact or the Compact Commission coming into existence 1051
shall be considered to be actions of the Compact Commission 1052
unless specifically repudiated by the Compact Commission. 1053
SB 1149 35
4. Any State that joins the compact subsequent to the 1054
Compact Commission's initial adoption of the Rules and 1055
bylaws shall be subject to the Rules and bylaws as they 1056
exist on the date on which the compact becomes law in that 1057
State. Any Rule that has been previously adopted by the 1058
Compact Commission shall have the full force and effect of 1059
law on the day the compact becomes law in that State. 1060
B. Any Member State may withdraw from this compact by 1061
enacting a statute repealing the same. 1062
1. A Member State's withdrawal shall not take effect 1063
until 180 days after enactment of the repealing statute. 1064
2. Withdrawal shall not affect the continuing 1065
requirement of the withdrawing State's Licensing Authority 1066
to comply with the investigative and Adverse Action 1067
reporting requirements of this compact prior to the 1068
effective date of withdrawal. 1069
3. Upon the enactment of a statute withdrawing from 1070
this compact, a State shall immediately provide notice of 1071
such withdrawal to all Licensees and privilege holders 1072
within that State. Notwithstanding any subsequent statutory 1073
enactment to the contrary, such withdrawing State shall 1074
continue to recognize all Compact Privileges granted 1075
pursuant to this compact for a minimum of 180 days after the 1076
date of such notice of withdrawal. 1077
4. Nothing contained in this compact shall be 1078
construed to invalidate or prevent any licensure agreement 1079
or other cooperative arrangement between a Member State and 1080
a non-Member State that does not conflict with the 1081
provisions of this compact. 1082
5. This compact may be amended by the Member States. 1083
No amendment to this compact shall become effective and 1084
SB 1149 36
binding upon any Member State until it is enacted into the 1085
laws of all Member States. 1086
SECTION 13. CONSTRUCTION AND SEVERABILITY 1087
A. This compact and the Compact Commission's 1088
rulemaking authority shall be liberally construed so as to 1089
effectuate the purposes, and the implementation and 1090
administration of the compact. Provisions of the compact 1091
expressly authorizing or requiring the promulgation of Rules 1092
shall not be construed to limit the Compact Commission's 1093
rulemaking authority solely for those purposes. 1094
B. The provisions of this compact shall be severable 1095
and if any phrase, clause, sentence or provision of this 1096
compact is held by a court of competent jurisdiction to be 1097
contrary to the constitution of any Member State, a State 1098
seeking participation in the compact, or of the United 1099
States, or the applicability thereof to any government, 1100
agency, person or circumstance is held to be 1101
unconstitutional by a court of competent jurisdiction, the 1102
validity of the remainder of this compact and the 1103
applicability thereof to any other government, agency, 1104
person or circumstance shall not be affected thereby. 1105
C. Notwithstanding the foregoing, the Compact 1106
Commission may deny a State's participation in the compact 1107
or terminate a Member State's participation in the Compact 1108
if it determines that a constitutional requirement of a 1109
Member State is a material departure from the Compact. 1110
Otherwise, if this compact shall be held to be contrary to 1111
the constitution of any Member State, the Compact shall 1112
remain in full force and effect as to the remaining Member 1113
States and in full force and effect as to the Member State 1114
affected as to all severable matters. 1115
SB 1149 37
SECTION 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE 1116
LAWS 1117
A. Nothing herein shall prevent or inhibit the 1118
enforcement of any other law of a Member State that is not 1119
inconsistent with the compact. 1120
B. Any laws, statutes, regulations, or other legal 1121
requirements in a Member State in conflict with the compact 1122
are superseded to the extent of the conflict. 1123
C. All permissible agreements between the Compact 1124
Commission and the Member States are binding in accordance 1125
with their terms. 1126
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