Establishes the Interstate Massage Compact

SECOND REGULAR SESSION
SENATE BILL NO. 1673
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BURGER.
7179S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 324, RSMo, by adding thereto one new section relating to licensure of massage
therapists.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 324, RSMo, is amended by adding thereto 1
one new section, to be known as section 324.276, to read as 2
follows:3
324.276. This section shall be known and may be cited 1
as the "Interstate Massage Compact". 2
ARTICLE 1 - PURPOSE 3
The purpose of this Compact is to reduce the burdens on 4
State governments and to facilitate the interstate practice 5
and regulation of Massage Therapy with the goal of improving 6
public access to, and the safety of, Massage Therapy 7
Services. Through this Compact, the Member States seek to 8
establish a regulatory framework which provides for a new 9
multistate licensing program. Through this additional 10
licensing pathway, the Member States seek to provide 11
increased value and mobility to licensed massage therapists 12
in the Member States, while ensuring the provision of safe, 13
competent, and reliable services to the public. 14
This Compact is designed to achieve the following 15
objectives, and the Member States hereby ratify the same 16
intentions by subscribing hereto: 17
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A. Increase public access to Massage Therapy Services 18
by providing for a multistate licensing pathway; 19
B. Enhance the Member States' ability to protect the 20
public's health and safety; 21
C. Enhance the Member States' ability to prevent human 22
trafficking and licensure fraud; 23
D. Encourage the cooperation of Member States in 24
regulating the multistate Practice of Massage Therapy; 25
E. Support relocating military members and their 26
spouses; 27
F. Facilitate and enhance the exchange of licensure, 28
investigative, and disciplinary information between the 29
Member States; 30
G. Create an Interstate Commission that will exist to 31
implement and administer the Compact; 32
H. Allow a Member State to hold a Licensee 33
accountable, even where that Licensee holds a Multistate 34
License; 35
I. Create a streamlined pathway for Licensees to 36
practice in Member States, thus increasing the mobility of 37
duly licensed massage therapists; and 38
J. Serve the needs of licensed massage therapists and 39
the public receiving their services; however, 40
K. Nothing in this Compact is intended to prevent a 41
State from enforcing its own laws regarding the Practice of 42
Massage Therapy. 43
ARTICLE 2 - DEFINITIONS 44
As used in this Compact, except as otherwise provided 45
and subject to clarification by the Rules of the Commission, 46
the following definitions shall govern the terms herein: 47
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A. "Active Military Member" - any person with full- 48
time duty status in the armed forces of the United States, 49
including members of the National Guard and Reserve. 50
B. "Adverse Action" - any administrative, civil, 51
equitable, or criminal action permitted by a Member State's 52
laws which is imposed by a Licensing Authority or other 53
regulatory body against a Licensee, including actions 54
against an individual's Authorization to Practice such as 55
revocation, suspension, probation, surrender in lieu of 56
discipline, monitoring of the Licensee, limitation of the 57
Licensee's practice, or any other Encumbrance on licensure 58
affecting an individual's ability to practice Massage 59
Therapy, including the issuance of a cease and desist order. 60
C. "Alternative Program" - a non-disciplinary 61
monitoring or prosecutorial diversion program approved by a 62
Member State's Licensing Authority. 63
D. "Authorization to Practice" - a legal authorization 64
by a Remote State pursuant to a Multistate License 65
permitting the Practice of Massage Therapy in that Remote 66
State, which shall be subject to the enforcement 67
jurisdiction of the Licensing Authority in that Remote State. 68
E. "Background Check" - the submission of an 69
applicant's criminal history record information, as further 70
defined in 28 C.F.R. § 20.3(d), as amended from the Federal 71
Bureau of Investigation and the agency responsible for 72
retaining State criminal records in the applicant's Home 73
State. 74
F. "Charter Member States" - Member States who have 75
enacted legislation to adopt this Compact where such 76
legislation predates the effective date of this Compact as 77
defined in Article 12. 78
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G. "Commission" - the government agency whose 79
membership consists of all States that have enacted this 80
Compact, which is known as the Interstate Massage Compact 81
Commission, as defined in Article 8, and which shall operate 82
as an instrumentality of the Member States. 83
H. "Continuing Competence" - a requirement, as a 84
condition of license renewal, to provide evidence of 85
participation in, and completion of, educational or 86
professional activities that maintain, improve, or enhance 87
Massage Therapy fitness to practice. 88
I. "Current Significant Investigative Information" - 89
Investigative Information that a Licensing Authority, after 90
an inquiry or investigation that complies with a Member 91
State's due process requirements, has reason to believe is 92
not groundless and, if proved true, would indicate a 93
violation of that State's laws regarding the Practice of 94
Massage Therapy. 95
J. "Data System" - a repository of information about 96
Licensees who hold Multistate Licenses, which may include 97
but is not limited to license status, Investigative 98
Information, and Adverse Actions. 99
K. "Disqualifying Event" - any event which shall 100
disqualify an individual from holding a Multistate License 101
under this Compact, which the Commission may by Rule specify. 102
L. "Encumbrance" - a revocation or suspension of, or 103
any limitation or condition on, the full and unrestricted 104
Practice of Massage Therapy by a Licensing Authority. 105
M. "Executive Committee" - a group of delegates 106
elected or appointed to act on behalf of, and within the 107
powers granted to them by, the Commission. 108
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N. "Home State" - the Member State which is a 109
Licensee's primary state of residence where the Licensee 110
holds an active Single-State License. 111
O. "Investigative Information" - information, records, 112
or documents received or generated by a Licensing Authority 113
pursuant to an investigation or other inquiry. 114
P. "Licensing Authority" - a State's regulatory body 115
responsible for issuing Massage Therapy licenses or 116
otherwise overseeing the Practice of Massage Therapy in that 117
State. 118
Q. "Licensee" - an individual who currently holds a 119
license from a Member State to fully practice Massage 120
Therapy, whose license is not a student, provisional, 121
temporary, inactive, or other similar status. 122
R. "Massage Therapy", "Massage Therapy Services", and 123
the "Practice of Massage Therapy" - the care and services 124
provided by a Licensee as set forth in the Member State's 125
statutes and regulations in the State where the services are 126
being provided. 127
S. "Member State" - any State that has adopted this 128
Compact. 129
T. "Multistate License" - a license that consists of 130
Authorizations to Practice Massage Therapy in all Remote 131
States pursuant to this Compact, which shall be subject to 132
the enforcement jurisdiction of the Licensing Authority in a 133
Licensee's Home State. 134
U. "National Licensing Examination" - a national 135
examination developed by a national association of Massage 136
Therapy regulatory boards, as defined by Commission Rule, 137
that is derived from a practice analysis and is consistent 138
with generally accepted psychometric principles of fairness, 139
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validity and reliability, and is administered under secure 140
and confidential examination protocols. 141
V. "Remote State" - any Member State, other than the 142
Licensee's Home State. 143
W. "Rule" - any opinion or regulation promulgated by 144
the Commission under this Compact, which shall have the 145
force of law. 146
X. "Single-State License" - a current, valid 147
authorization issued by a Member State's Licensing Authority 148
allowing an individual to fully practice Massage Therapy, 149
that is not a restricted, student, provisional, temporary, 150
or inactive practice authorization and authorizes practice 151
only within the issuing State. 152
Y. "State" - a state, territory, possession of the 153
United States, or the District of Columbia. 154
ARTICLE 3 - MEMBER STATE REQUIREMENTS 155
A. To be eligible to join this Compact, and to 156
maintain eligibility as a Member State, a State must: 157
1. License and regulate the Practice of Massage 158
Therapy; 159
2. Have a mechanism or entity in place to receive and 160
investigate complaints from the public, regulatory or law 161
enforcement agencies, or the Commission about Licensees 162
practicing in that State; 163
3. Accept passage of a National Licensing Examination 164
as a criterion for Massage Therapy licensure in that State; 165
4. Require that Licensees satisfy educational 166
requirements prior to being licensed to provide Massage 167
Therapy Services to the public in that State; 168
5. Implement procedures for requiring the Background 169
Check of applicants for a Multistate License, and for the 170
reporting of any Disqualifying Events, including but not 171
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limited to obtaining and submitting, for each Licensee 172
holding a Multistate License and each applicant for a 173
Multistate License, fingerprint or other biometric-based 174
information to the Federal Bureau of Investigation for 175
Background Checks; receiving the results of the Federal 176
Bureau of Investigation record search on Background Checks 177
and considering the results of such a Background Check in 178
making licensure decisions; 179
6. Have Continuing Competence requirements as a 180
condition for license renewal; 181
7. Participate in the Data System, including through 182
the use of unique identifying numbers as described herein; 183
8. Notify the Commission and other Member States, in 184
compliance with the terms of the Compact and Rules of the 185
Commission, of any disciplinary action taken by the State 186
against a Licensee practicing under a Multistate License in 187
that State, or of the existence of Investigative Information 188
or Current Significant Investigative Information regarding a 189
Licensee practicing in that State pursuant to a Multistate 190
License; 191
9. Comply with the Rules of the Commission; 192
10. Accept Licensees with valid Multistate Licenses 193
from other Member States as established herein; 194
B. Individuals not residing in a Member State shall 195
continue to be able to apply for a Member State's Single- 196
State License as provided under the laws of each Member 197
State. However, the Single-State License granted to those 198
individuals shall not be recognized as granting a Multistate 199
License for Massage Therapy in any other Member State; 200
C. Nothing in this Compact shall affect the 201
requirements established by a Member State for the issuance 202
of a Single-State License; and 203
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D. A Multistate License issued to a Licensee shall be 204
recognized by each Remote State as an Authorization to 205
Practice Massage Therapy in each Remote State. 206
ARTICLE 4 - MULTISTATE LICENSE REQUIREMENTS 207
A. To qualify for a Multistate License under this 208
Compact, and to maintain eligibility for such a license, an 209
applicant must: 210
1. Hold an active Single-State License to practice 211
Massage Therapy in the applicant's Home State; 212
2. Have completed at least six hundred and twenty-five 213
(625) clock hours of Massage Therapy education or the 214
substantial equivalent which the Commission may approve by 215
Rule; 216
3. Have passed a National Licensing Examination or the 217
substantial equivalent which the Commission may approve by 218
Rule; 219
4. Submit to a Background Check; 220
5. Have not been convicted or found guilty, or have 221
entered into an agreed disposition, of a felony offense 222
under applicable State or federal criminal law, within five 223
(5) years prior to the date of their application, where such 224
a time period shall not include any time served for the 225
offense, and provided that the applicant has completed any 226
and all requirements arising as a result of any such offense; 227
6. Have not been convicted or found guilty, or have 228
entered into an agreed disposition, of a misdemeanor offense 229
related to the Practice of Massage Therapy under applicable 230
State or federal criminal law, within two (2) years prior to 231
the date of their application where such a time period shall 232
not include any time served for the offense, and provided 233
that the applicant has completed any and all requirements 234
arising as a result of any such offense; 235
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7. Have not been convicted or found guilty, or have 236
entered into an agreed disposition, of any offense, whether 237
a misdemeanor or a felony, under State or federal law, at 238
any time, relating to any of the following: 239
a. Kidnapping; 240
b. Human trafficking; 241
c. Human smuggling; 242
d. Sexual battery, sexual assault, or any related 243
offenses; or 244
e. Any other category of offense which the Commission 245
may by Rule designate; 246
8. Have not previously held a Massage Therapy license 247
which was revoked by, or surrendered in lieu of discipline 248
to an applicable Licensing Authority; 249
9. Have no history of any Adverse Action on any 250
occupational or professional license within two (2) years 251
prior to the date of their application; and 252
10. Pay all required fees. 253
B. A Multistate License granted pursuant to this 254
Compact may be effective for a definite period of time 255
concurrent with the renewal of the Home State license. 256
C. A Licensee practicing in a Member State is subject 257
to all scope of practice laws governing Massage Therapy 258
Services in that State. 259
D. The Practice of Massage Therapy under a Multistate 260
License granted pursuant to this Compact will subject the 261
Licensee to the jurisdiction of the Licensing Authority, the 262
courts, and the laws of the Member State in which the 263
Massage Therapy Services are provided. 264
ARTICLE 5 - AUTHORITY OF INTERSTATE MASSAGE COMPACT 265
COMMISSION AND MEMBER STATE LICENSING AUTHORITIES 266
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A. Nothing in this Compact, nor any Rule of the 267
Commission, shall be construed to limit, restrict, or in any 268
way reduce the ability of a Member State to enact and 269
enforce laws, regulations, or other rules related to the 270
Practice of Massage Therapy in that State, where those laws, 271
regulations, or other rules are not inconsistent with the 272
provisions of this Compact. 273
B. Nothing in this Compact, nor any Rule of the 274
Commission, shall be construed to limit, restrict, or in any 275
way reduce the ability of a Member State to take Adverse 276
Action against a Licensee's Single-State License to practice 277
Massage Therapy in that State. 278
C. Nothing in this Compact, nor any Rule of the 279
Commission, shall be construed to limit, restrict, or in any 280
way reduce the ability of a Remote State to take Adverse 281
Action against a Licensee's Authorization to Practice in 282
that State. 283
D. Nothing in this Compact, nor any Rule of the 284
Commission, shall be construed to limit, restrict, or in any 285
way reduce the ability of a Licensee's Home State to take 286
Adverse Action against a Licensee's Multistate License based 287
upon information provided by a Remote State. 288
E. Insofar as practical, a Member State's Licensing 289
Authority shall cooperate with the Commission and with each 290
entity exercising independent regulatory authority over the 291
Practice of Massage Therapy according to the provisions of 292
this Compact. 293
ARTICLE 6 - ADVERSE ACTIONS 294
A. A Licensee's Home State shall have exclusive power 295
to impose an Adverse Action against a Licensee's Multistate 296
License issued by the Home State. 297
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B. A Home State may take Adverse Action on a 298
Multistate License based on the Investigative Information, 299
Current Significant Investigative Information, or Adverse 300
Action of a Remote State. 301
C. A Home State shall retain authority to complete any 302
pending investigations of a Licensee practicing under a 303
Multistate License who changes their Home State during the 304
course of such an investigation. The Licensing Authority 305
shall also be empowered to report the results of such an 306
investigation to the Commission through the Data System as 307
described herein. 308
D. Any Member State may investigate actual or alleged 309
violations of the scope of practice laws in any other Member 310
State for a massage therapist who holds a Multistate License. 311
E. A Remote State shall have the authority to: 312
1. Take Adverse Actions against a Licensee's 313
Authorization to Practice; 314
2. Issue cease and desist orders or impose an 315
Encumbrance on a Licensee's Authorization to Practice in 316
that State; 317
3. Issue subpoenas for both hearings and 318
investigations that require the attendance and testimony of 319
witnesses, as well as the production of evidence. Subpoenas 320
issued by a Licensing Authority in a Member State for the 321
attendance and testimony of witnesses or the production of 322
evidence from another Member State shall be enforced in the 323
latter State by any court of competent jurisdiction, 324
according to the practice and procedure of that court 325
applicable to subpoenas issued in proceedings before it. 326
The issuing Licensing Authority shall pay any witness fees, 327
travel expenses, mileage, and other fees required by the 328
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service statutes of the State in which the witnesses or 329
evidence are located; 330
4. If otherwise permitted by State law, recover from 331
the affected Licensee the costs of investigations and 332
disposition of cases resulting from any Adverse Action taken 333
against that Licensee; and 334
5. Take Adverse Action against the Licensee's 335
Authorization to Practice in that State based on the factual 336
findings of another Member State. 337
F. If an Adverse Action is taken by the Home State 338
against a Licensee's Multistate License or Single-State 339
License to practice in the Home State, the Licensee's 340
Authorization to Practice in all other Member States shall 341
be deactivated until all Encumbrances have been removed from 342
such license. All Home State disciplinary orders that 343
impose an Adverse Action against a Licensee shall include a 344
statement that the Massage Therapist's Authorization to 345
Practice is deactivated in all Member States during the 346
pendency of the order. 347
G. If Adverse Action is taken by a Remote State 348
against a Licensee's Authorization to Practice, that Adverse 349
Action applies to all Authorizations to Practice in all 350
Remote States. A Licensee whose Authorization to Practice 351
in a Remote State is removed for a specified period of time 352
is not eligible to apply for a new Multistate License in any 353
other State until the specific time for removal of the 354
Authorization to Practice has passed and all encumbrance 355
requirements are satisfied. 356
H. Nothing in this Compact shall override a Member 357
State's authority to accept a Licensee's participation in an 358
Alternative Program in lieu of Adverse Action. A Licensee's 359
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Multistate License shall be suspended for the duration of 360
the Licensee's participation in any Alternative Program. 361
I. Joint Investigations 362
1. In addition to the authority granted to a Member 363
State by its respective scope of practice laws or other 364
applicable State law, a Member State may participate with 365
other Member States in joint investigations of Licensees. 366
2. Member States shall share any investigative, 367
litigation, or compliance materials in furtherance of any 368
joint or individual investigation initiated under the 369
Compact. 370
ARTICLE 7 - ACTIVE MILITARY MEMBER AND THEIR SPOUSES 371
Active Military Member, or their spouses, shall 372
designate a Home State where the individual has a current 373
license to practice Massage Therapy in good standing. The 374
individual may retain their Home State designation during 375
any period of service when that individual or their spouse 376
is on active duty assignment. 377
ARTICLE 8 - ESTABLISHMENT AND OPERATION OF INTERSTATE 378
MASSAGE COMPACT COMMISSION 379
A. The Compact Member States hereby create and 380
establish a joint government agency whose membership 381
consists of all Member States that have enacted the Compact 382
known as the Interstate Massage Compact Commission. The 383
Commission is an instrumentality of the Compact States 384
acting jointly and not an instrumentality of any one State. 385
The Commission shall come into existence on or after the 386
effective date of the Compact as set forth in Article 12. 387
B. Membership, Voting, and Meetings 388
1. Each Member State shall have and be limited to one 389
(1) delegate selected by that Member State's State Licensing 390
Authority. 391
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2. The delegate shall be the primary administrative 392
officer of the State Licensing Authority or their designee. 393
3. The Commission shall by Rule or bylaw establish a 394
term of office for delegates and may by Rule or bylaw 395
establish term limits. 396
4. The Commission may recommend removal or suspension 397
of any delegate from office. 398
5. A Member State's State Licensing Authority shall 399
fill any vacancy of its delegate occurring on the Commission 400
within 60 days of the vacancy. 401
6. Each delegate shall be entitled to one vote on all 402
matters that are voted on by the Commission. 403
7. The Commission shall meet at least once during each 404
calendar year. Additional meetings may be held as set forth 405
in the bylaws. The Commission may meet by 406
telecommunication, video conference or other similar 407
electronic means. 408
C. The Commission shall have the following powers: 409
1. Establish the fiscal year of the Commission; 410
2. Establish code of conduct and conflict of interest 411
policies; 412
3. Adopt Rules and bylaws; 413
4. Maintain its financial records in accordance with 414
the bylaws; 415
5. Meet and take such actions as are consistent with 416
the provisions of this Compact, the Commission's Rules, and 417
the bylaws; 418
6. Initiate and conclude legal proceedings or actions 419
in the name of the Commission, provided that the standing of 420
any State Licensing Authority to sue or be sued under 421
applicable law shall not be affected; 422
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7. Maintain and certify records and information 423
provided to a Member State as the authenticated business 424
records of the Commission, and designate an agent to do so 425
on the Commission's behalf; 426
8. Purchase and maintain insurance and bonds; 427
9. Borrow, accept, or contract for services of 428
personnel, including, but not limited to, employees of a 429
Member State; 430
10. Conduct an annual financial review; 431
11. Hire employees, elect or appoint officers, fix 432
compensation, define duties, grant such individuals 433
appropriate authority to carry out the purposes of the 434
Compact, and establish the Commission's personnel policies 435
and programs relating to conflicts of interest, 436
qualifications of personnel, and other related personnel 437
matters; 438
12. Assess and collect fees; 439
13. Accept any and all appropriate gifts, donations, 440
grants of money, other sources of revenue, equipment, 441
supplies, materials, and services, and receive, utilize, and 442
dispose of the same; provided that at all times the 443
Commission shall avoid any appearance of impropriety or 444
conflict of interest; 445
14. Lease, purchase, retain, own, hold, improve, or 446
use any property, real, personal, or mixed, or any undivided 447
interest therein; 448
15. Sell, convey, mortgage, pledge, lease, exchange, 449
abandon, or otherwise dispose of any property real, 450
personal, or mixed; 451
16. Establish a budget and make expenditures; 452
17. Borrow money; 453
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18. Appoint committees, including standing committees, 454
composed of members, State regulators, State legislators or 455
their representatives, and consumer representatives, and 456
such other interested persons as may be designated in this 457
Compact and the bylaws; 458
19. Accept and transmit complaints from the public, 459
regulatory or law enforcement agencies, or the Commission, 460
to the relevant Member State(s) regarding potential 461
misconduct of Licensees; 462
20. Elect a Chair, Vice Chair, Secretary and Treasurer 463
and such other officers of the Commission as provided in the 464
Commission's bylaws; 465
21. Establish and elect an Executive Committee, 466
including a chair and a vice chair; 467
22. Adopt and provide to the Member States an annual 468
report; 469
23. Determine whether a State's adopted language is 470
materially different from the model Compact language such 471
that the State would not qualify for participation in the 472
Compact; and 473
24. Perform such other functions as may be necessary 474
or appropriate to achieve the purposes of this Compact. 475
D. The Executive Committee 476
1. The Executive Committee shall have the power to act 477
on behalf of the Commission according to the terms of this 478
Compact. The powers, duties, and responsibilities of the 479
Executive Committee shall include: 480
a. Overseeing the day-to-day activities of the 481
administration of the Compact including compliance with the 482
provisions of the Compact, the Commission's Rules and 483
bylaws, and other such duties as deemed necessary; 484
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b. Recommending to the Commission changes to the Rules 485
or bylaws, changes to this Compact legislation, fees charged 486
to Compact Member States, fees charged to Licensees, and 487
other fees; 488
c. Ensuring Compact administration services are 489
appropriately provided, including by contract; 490
d. Preparing and recommending the budget; 491
e. Maintaining financial records on behalf of the 492
Commission; 493
f. Monitoring Compact compliance of Member States and 494
providing compliance reports to the Commission; 495
g. Establishing additional committees as necessary; 496
h. Exercise the powers and duties of the Commission 497
during the interim between Commission meetings, except for 498
adopting or amending Rules, adopting or amending bylaws, and 499
exercising any other powers and duties expressly reserved to 500
the Commission by Rule or bylaw; and 501
i. Other duties as provided in the Rules or bylaws of 502
the Commission. 503
2. The Executive Committee shall be composed of seven 504
voting members and up to two ex-officio members as follows: 505
a. The chair and vice chair of the Commission and any 506
other members of the Commission who serve on the Executive 507
Committee shall be voting members of the Executive Committee; 508
b. Other than the chair, vice chair, secretary and 509
treasurer, the Commission shall elect three voting members 510
from the current membership of the Commission; and 511
c. The Commission may elect ex-officio, non-voting 512
members as necessary as follows: 513
i. One ex-officio member who is a representative of 514
the national association of State Massage Therapy regulatory 515
boards; 516
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ii. One ex-officio member as specified in the 517
Commission's bylaws. 518
3. The Commission may remove any member of the 519
Executive Committee as provided in the Commission’s bylaws. 520
4. The Executive Committee shall meet at least 521
annually. 522
a. Executive Committee meetings shall be open to the 523
public, except that the Executive Committee may meet in a 524
closed, non-public session of a public meeting when dealing 525
with any of the matters covered under subsection F.4 of this 526
Article. 527
b. The Executive Committee shall give five business 528
days advance notice of its public meetings, posted on its 529
website and as determined to provide notice to persons with 530
an interest in the public matters the Executive Committee 531
intends to address at those meetings. 532
5. The Executive Committee may hold an emergency 533
meeting when acting for the Commission to: 534
a. Meet an imminent threat to public health, safety, 535
or welfare; 536
b. Prevent a loss of Commission or Participating State 537
funds; or 538
c. Protect public health and safety. 539
E. The Commission shall adopt and provide to the 540
Member States an annual report. 541
F. Meetings of the Commission 542
1. All meetings of the Commission that are not closed 543
pursuant to this subsection shall be open to the public. 544
Notice of public meetings shall be posted on the 545
Commission's website at least thirty (30) days prior to the 546
public meeting. 547
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2. Notwithstanding subsection F.1 of this Article, the 548
Commission may convene an emergency public meeting by 549
providing at least twenty-four (24) hours prior notice on 550
the Commission's website, and any other means as provided in 551
the Commission's Rules, for any of the reasons it may 552
dispense with notice of proposed rulemaking under Article 553
10.L. The Commission's legal counsel shall certify that one 554
of the reasons justifying an emergency public meeting has 555
been met. 556
3. Notice of all Commission meetings shall provide the 557
time, date, and location of the meeting, and if the meeting 558
is to be held or accessible via telecommunication, video 559
conference, or other electronic means, the notice shall 560
include the mechanism for access to the meeting. 561
4. The Commission may convene in a closed, non-public 562
meeting for the Commission to discuss: 563
a. Non-compliance of a Member State with its 564
obligations under the Compact; 565
b. The employment, compensation, discipline or other 566
matters, practices or procedures related to specific 567
employees or other matters related to the Commission's 568
internal personnel practices and procedures; 569
c. Current or threatened discipline of a Licensee by 570
the Commission or by a Member State's Licensing Authority; 571
d. Current, threatened, or reasonably anticipated 572
litigation; 573
e. Negotiation of contracts for the purchase, lease, 574
or sale of goods, services, or real estate; 575
f. Accusing any person of a crime or formally 576
censuring any person; 577
g. Trade secrets or commercial or financial 578
information that is privileged or confidential; 579
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h. Information of a personal nature where disclosure 580
would constitute a clearly unwarranted invasion of personal 581
privacy; 582
i. Investigative records compiled for law enforcement 583
purposes; 584
j. Information related to any investigative reports 585
prepared by or on behalf of or for use of the Commission or 586
other committee charged with responsibility of investigation 587
or determination of compliance issues pursuant to the 588
Compact; 589
k. Legal advice; 590
l. Matters specifically exempted from disclosure to 591
the public by federal or Member State law; or 592
m. Other matters as promulgated by the Commission by 593
Rule. 594
5. If a meeting, or portion of a meeting, is closed, 595
the presiding officer shall state that the meeting will be 596
closed and reference each relevant exempting provision, and 597
such reference shall be recorded in the minutes. 598
6. The Commission shall keep minutes that fully and 599
clearly describe all matters discussed in a meeting and 600
shall provide a full and accurate summary of actions taken, 601
and the reasons therefore, including a description of the 602
views expressed. All documents considered in connection 603
with an action shall be identified in such minutes. All 604
minutes and documents of a closed meeting shall remain under 605
seal, subject to release only by a majority vote of the 606
Commission or order of a court of competent jurisdiction. 607
G. Financing of the Commission 608
1. The Commission shall pay, or provide for the 609
payment of, the reasonable expenses of its establishment, 610
organization, and ongoing activities. 611
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2. The Commission may accept any and all appropriate 612
sources of revenue, donations, and grants of money, 613
equipment, supplies, materials, and services. 614
3. The Commission may levy on and collect an annual 615
assessment from each Member State and impose fees on 616
Licensees of Member States to whom it grants a Multistate 617
License to cover the cost of the operations and activities 618
of the Commission and its staff, which must be in a total 619
amount sufficient to cover its annual budget as approved 620
each year for which revenue is not provided by other 621
sources. The aggregate annual assessment amount for Member 622
States shall be allocated based upon a formula that the 623
Commission shall promulgate by Rule. 624
4. The Commission shall not incur obligations of any 625
kind prior to securing the funds adequate to meet the same; 626
nor shall the Commission pledge the credit of any Member 627
States, except by and with the authority of the Member State. 628
5. The Commission shall keep accurate accounts of all 629
receipts and disbursements. The receipts and disbursements 630
of the Commission shall be subject to the financial review 631
and accounting procedures established under its bylaws. All 632
receipts and disbursements of funds handled by the 633
Commission shall be subject to an annual financial review by 634
a certified or licensed public accountant, and the report of 635
the financial review shall be included in and become part of 636
the annual report of the Commission. 637
H. Qualified Immunity, Defense, and Indemnification 638
1. The members, officers, executive director, 639
employees and representatives of the Commission shall be 640
immune from suit and liability, both personally and in their 641
official capacity, for any claim for damage to or loss of 642
property or personal injury or other civil liability caused 643
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by or arising out of any actual or alleged act, error, or 644
omission that occurred, or that the person against whom the 645
claim is made had a reasonable basis for believing occurred 646
within the scope of Commission employment, duties or 647
responsibilities; provided that nothing in this paragraph 648
shall be construed to protect any such person from suit or 649
liability for any damage, loss, injury, or liability caused 650
by the intentional or willful or wanton misconduct of that 651
person. The procurement of insurance of any type by the 652
Commission shall not in any way compromise or limit the 653
immunity granted hereunder. 654
2. The Commission shall defend any member, officer, 655
executive director, employee, and representative of the 656
Commission in any civil action seeking to impose liability 657
arising out of any actual or alleged act, error, or omission 658
that occurred within the scope of Commission employment, 659
duties, or responsibilities, or as determined by the 660
Commission that the person against whom the claim is made 661
had a reasonable basis for believing occurred within the 662
scope of Commission employment, duties, or responsibilities; 663
provided that nothing herein shall be construed to prohibit 664
that person from retaining their own counsel at their own 665
expense; and provided further, that the actual or alleged 666
act, error, or omission did not result from that person's 667
intentional or willful or wanton misconduct. 668
3. The Commission shall indemnify and hold harmless 669
any member, officer, executive director, employee, and 670
representative of the Commission for the amount of any 671
settlement or judgment obtained against that person arising 672
out of any actual or alleged act, error, or omission that 673
occurred within the scope of Commission employment, duties, 674
or responsibilities, or that such person had a reasonable 675
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basis for believing occurred within the scope of Commission 676
employment, duties, or responsibilities, provided that the 677
actual or alleged act, error, or omission did not result 678
from the intentional or willful or wanton misconduct of that 679
person. 680
4. Nothing herein shall be construed as a limitation 681
on the liability of any Licensee for professional 682
malpractice or misconduct, which shall be governed solely by 683
any other applicable State laws. 684
5. Nothing in this Compact shall be interpreted to 685
waive or otherwise abrogate a Member State's State action 686
immunity or State action affirmative defense with respect to 687
antitrust claims under the Sherman Act, Clayton Act, or any 688
other State or federal antitrust or anticompetitive law or 689
regulation. 690
6. Nothing in this Compact shall be construed to be a 691
waiver of sovereign immunity by the Member States or by the 692
Commission. 693
ARTICLE 9 - DATA SYSTEM 694
A. The Commission shall provide for the development, 695
maintenance, operation, and utilization of a coordinated 696
database and reporting system. 697
B. The Commission shall assign each applicant for a 698
Multistate License a unique identifier, as determined by the 699
Rules of the Commission. 700
C. Notwithstanding any other provision of State law to 701
the contrary, a Member State shall submit a uniform data set 702
to the Data System on all individuals to whom this Compact 703
is applicable as required by the Rules of the Commission, 704
including: 705
1. Identifying information; 706
2. Licensure data; 707
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3. Adverse Actions against a license and information 708
related thereto; 709
4. Non-confidential information related to Alternative 710
Program participation, the beginning and ending dates of 711
such participation, and other information related to such 712
participation; 713
5. Any denial of application for licensure, and the 714
reason(s) for such denial (excluding the reporting of any 715
criminal history record information where prohibited by law); 716
6. The existence of Investigative Information; 717
7. The existence or presence of Current Significant 718
Investigative Information; and 719
8. Other information that may facilitate the 720
administration of this Compact or the protection of the 721
public, as determined by the Rules of the Commission. 722
D. The records and information provided to a Member 723
State pursuant to this Compact or through the Data System, 724
when certified by the Commission or an agent thereof, shall 725
constitute the authenticated business records of the 726
Commission, and shall be entitled to any associated hearsay 727
exception in any relevant judicial, quasi-judicial or 728
administrative proceedings in a Member State. 729
E. The existence of Current Significant Investigative 730
Information and the existence of Investigative Information 731
pertaining to a Licensee in any Member State will only be 732
available to other Member States. 733
F. It is the responsibility of the Member States to 734
report any Adverse Action against a Licensee who holds a 735
Multistate License and to monitor the database to determine 736
whether Adverse Action has been taken against such a 737
Licensee or License applicant. Adverse Action information 738
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pertaining to a Licensee or License applicant in any Member 739
State will be available to any other Member State. 740
G. Member States contributing information to the Data 741
System may designate information that may not be shared with 742
the public without the express permission of the 743
contributing State. 744
H. Any information submitted to the Data System that 745
is subsequently expunged pursuant to federal law or the laws 746
of the Member State contributing the information shall be 747
removed from the Data System. 748
ARTICLE 10 - RULEMAKING 749
A. The Commission shall promulgate reasonable Rules in 750
order to effectively and efficiently implement and 751
administer the purposes and provisions of the Compact. A 752
Rule shall be invalid and have no force or effect only if a 753
court of competent jurisdiction holds that the Rule is 754
invalid because the Commission exercised its rulemaking 755
authority in a manner that is beyond the scope and purposes 756
of the Compact, or the powers granted hereunder, or based 757
upon another applicable standard of review. 758
B. The Rules of the Commission shall have the force of 759
law in each Member State, provided however that where the 760
Rules of the Commission conflict with the laws of the Member 761
State that establish the Member State's scope of practice as 762
held by a court of competent jurisdiction, the Rules of the 763
Commission shall be ineffective in that State to the extent 764
of the conflict. 765
C. The Commission shall exercise its Rulemaking powers 766
pursuant to the criteria set forth in this Article and the 767
Rules adopted thereunder. Rules shall become binding as of 768
the date specified by the Commission for each Rule. 769
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D. If a majority of the legislatures of the Member 770
States rejects a Rule or portion of a Rule, by enactment of 771
a statute or resolution in the same manner used to adopt the 772
Compact within four (4) years of the date of adoption of the 773
Rule, then such Rule shall have no further force and effect 774
in any Member State or to any State applying to participate 775
in the Compact. 776
E. Rules shall be adopted at a regular or special 777
meeting of the Commission. 778
F. Prior to adoption of a proposed Rule, the 779
Commission shall hold a public hearing and allow persons to 780
provide oral and written comments, data, facts, opinions, 781
and arguments. 782
G. Prior to adoption of a proposed Rule by the 783
Commission, and at least thirty (30) days in advance of the 784
meeting at which the Commission will hold a public hearing 785
on the proposed Rule, the Commission shall provide a Notice 786
of Proposed Rulemaking: 787
1. On the website of the Commission or other publicly 788
accessible platform; 789
2. To persons who have requested notice of the 790
Commission's notices of proposed rulemaking; and 791
3. In such other way(s) as the Commission may by Rule 792
specify. 793
H. The Notice of Proposed Rulemaking shall include: 794
1. The time, date, and location of the public hearing 795
at which the Commission will hear public comments on the 796
proposed Rule and, if different, the time, date, and 797
location of the meeting where the Commission will consider 798
and vote on the proposed Rule; 799
2. If the hearing is held via telecommunication, video 800
conference, or other electronic means, the Commission shall 801
SB 1673 27
include the mechanism for access to the hearing in the 802
Notice of Proposed Rulemaking; 803
3. The text of the proposed Rule and the reason 804
therefor; 805
4. A request for comments on the proposed Rule from 806
any interested person; and 807
5. The manner in which interested persons may submit 808
written comments. 809
I. All hearings will be recorded. A copy of the 810
recording and all written comments and documents received by 811
the Commission in response to the proposed Rule shall be 812
available to the public. 813
J. Nothing in this Article shall be construed as 814
requiring a separate hearing on each Rule. Rules may be 815
grouped for the convenience of the Commission at hearings 816
required by this Article. 817
K. The Commission shall, by majority vote of all 818
Commissioners, take final action on the proposed Rule based 819
on the Rulemaking record. 820
1. The Commission may adopt changes to the proposed 821
Rule provided the changes do not enlarge the original 822
purpose of the proposed Rule. 823
2. The Commission shall provide an explanation of the 824
reasons for substantive changes made to the proposed Rule as 825
well as reasons for substantive changes not made that were 826
recommended by commenters. 827
3. The Commission shall determine a reasonable 828
effective date for the Rule. Except for an emergency as 829
provided in subsection L of this Article, the effective date 830
of the Rule shall be no sooner than thirty (30) days after 831
the Commission issuing the notice that it adopted or amended 832
the Rule. 833
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L. Upon determination that an emergency exists, the 834
Commission may consider and adopt an emergency Rule with 24 835
hours notice, provided that the usual Rulemaking procedures 836
provided in the Compact and in this Article shall be 837
retroactively applied to the Rule as soon as reasonably 838
possible, in no event later than ninety (90) days after the 839
effective date of the Rule. For the purposes of this 840
provision, an emergency Rule is one that must be adopted 841
immediately to: 842
1. Meet an imminent threat to public health, safety, 843
or welfare; 844
2. Prevent a loss of Commission or Member State funds; 845
3. Meet a deadline for the promulgation of a Rule that 846
is established by federal law or rule; or 847
4. Protect public health and safety. 848
M. The Commission or an authorized committee of the 849
Commission may direct revisions to a previously adopted Rule 850
for purposes of correcting typographical errors, errors in 851
format, errors in consistency, or grammatical errors. 852
Public notice of any revisions shall be posted on the 853
website of the Commission. The revision shall be subject to 854
challenge by any person for a period of thirty (30) days 855
after posting. The revision may be challenged only on 856
grounds that the revision results in a material change to a 857
Rule. A challenge shall be made in writing and delivered to 858
the Commission prior to the end of the notice period. If no 859
challenge is made, the revision will take effect without 860
further action. If the revision is challenged, the revision 861
may not take effect without the approval of the Commission. 862
N. No Member State's rulemaking requirements shall 863
apply under this Compact. 864
ARTICLE 11 - OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 865
SB 1673 29
A. Oversight 866
1. The executive and judicial branches of State 867
government in each Member State shall enforce this Compact 868
and take all actions necessary and appropriate to implement 869
the Compact. 870
2. Venue is proper and judicial proceedings by or 871
against the Commission shall be brought solely and 872
exclusively in a court of competent jurisdiction where the 873
principal office of the Commission is located. The 874
Commission may waive venue and jurisdictional defenses to 875
the extent it adopts or consents to participate in 876
alternative dispute resolution proceedings. Nothing herein 877
shall affect or limit the selection or propriety of venue in 878
any action against a Licensee for professional malpractice, 879
misconduct or any such similar matter. 880
3. The Commission shall be entitled to receive service 881
of process in any proceeding regarding the enforcement or 882
interpretation of the Compact and shall have standing to 883
intervene in such a proceeding for all purposes. Failure to 884
provide the Commission service of process shall render a 885
judgment or order void as to the Commission, this Compact, 886
or promulgated Rules. 887
B. Default, Technical Assistance, and Termination 888
1. If the Commission determines that a Member State 889
has defaulted in the performance of its obligations or 890
responsibilities under this Compact or the promulgated 891
Rules, the Commission shall provide written notice to the 892
defaulting State. The notice of default shall describe the 893
default, the proposed means of curing the default, and any 894
other action that the Commission may take, and shall offer 895
training and specific technical assistance regarding the 896
default. 897
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2. The Commission shall provide a copy of the notice 898
of default to the other Member States. 899
C. If a State in default fails to cure the default, 900
the defaulting State may be terminated from the Compact upon 901
an affirmative vote of a majority of the delegates of the 902
Member States, and all rights, privileges and benefits 903
conferred on that State by this Compact may be terminated on 904
the effective date of termination. A cure of the default 905
does not relieve the offending State of obligations or 906
liabilities incurred during the period of default. 907
D. Termination of membership in the Compact shall be 908
imposed only after all other means of securing compliance 909
have been exhausted. Notice of intent to suspend or 910
terminate shall be given by the Commission to the governor, 911
the majority and minority leaders of the defaulting State's 912
legislature, the defaulting State's State Licensing 913
Authority and each of the Member States' State Licensing 914
Authority. 915
E. A State that has been terminated is responsible for 916
all assessments, obligations, and liabilities incurred 917
through the effective date of termination, including 918
obligations that extend beyond the effective date of 919
termination. 920
F. Upon the termination of a State's membership from 921
this Compact, that State shall immediately provide notice to 922
all Licensees who hold a Multistate License within that 923
State of such termination. The terminated State shall 924
continue to recognize all licenses granted pursuant to this 925
Compact for a minimum of one hundred eighty (180) days after 926
the date of said notice of termination. 927
G. The Commission shall not bear any costs related to 928
a State that is found to be in default or that has been 929
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terminated from the Compact, unless agreed upon in writing 930
between the Commission and the defaulting State. 931
H. The defaulting State may appeal the action of the 932
Commission by petitioning the United States District Court 933
for the District of Columbia or the federal district where 934
the Commission has its principal offices. The prevailing 935
party shall be awarded all costs of such litigation, 936
including reasonable attorney's fees. 937
I. Dispute Resolution 938
1. Upon request by a Member State, the Commission 939
shall attempt to resolve disputes related to the Compact 940
that arise among Member States and between Member and non- 941
Member States. 942
2. The Commission shall promulgate a Rule providing 943
for both mediation and binding dispute resolution for 944
disputes as appropriate. 945
J. Enforcement 946
1. The Commission, in the reasonable exercise of its 947
discretion, shall enforce the provisions of this Compact and 948
the Commission's Rules. 949
2. By majority vote as provided by Commission Rule, 950
the Commission may initiate legal action against a Member 951
State in default in the United States District Court for the 952
District of Columbia or the federal district where the 953
Commission has its principal offices to enforce compliance 954
with the provisions of the Compact and its promulgated 955
Rules. The relief sought may include both injunctive relief 956
and damages. In the event judicial enforcement is 957
necessary, the prevailing party shall be awarded all costs 958
of such litigation, including reasonable attorney's fees. 959
The remedies herein shall not be the exclusive remedies of 960
the Commission. The Commission may pursue any other 961
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remedies available under federal or the defaulting Member 962
State's law. 963
3. A Member State may initiate legal action against 964
the Commission in the United States District Court for the 965
District of Columbia or the federal district where the 966
Commission has its principal offices to enforce compliance 967
with the provisions of the Compact and its promulgated 968
Rules. The relief sought may include both injunctive relief 969
and damages. In the event judicial enforcement is 970
necessary, the prevailing party shall be awarded all costs 971
of such litigation, including reasonable attorney's fees. 972
4. No individual or entity other than a Member State 973
may enforce this Compact against the Commission. 974
ARTICLE 12 - EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 975
A. The Compact shall come into effect on the date on 976
which the Compact statute is enacted into law in the seventh 977
Member State. 978
1. On or after the effective date of the Compact, the 979
Commission shall convene and review the enactment of each of 980
the Charter Member States to determine if the statute 981
enacted by each such Charter Member State is materially 982
different than the model Compact statute. 983
a. A Charter Member State whose enactment is found to 984
be materially different from the model Compact statute shall 985
be entitled to the default process set forth in Article 11. 986
b. If any Member State is later found to be in 987
default, or is terminated or withdraws from the Compact, the 988
Commission shall remain in existence and the Compact shall 989
remain in effect even if the number of Member States should 990
be less than seven (7). 991
2. Member States enacting the Compact subsequent to 992
the Charter Member States shall be subject to the process 993
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set forth in Article 8.C.23 to determine if their enactments 994
are materially different from the model Compact statute and 995
whether they qualify for participation in the Compact. 996
3. All actions taken for the benefit of the Commission 997
or in furtherance of the purposes of the administration of 998
the Compact prior to the effective date of the Compact or 999
the Commission coming into existence shall be considered to 1000
be actions of the Commission unless specifically repudiated 1001
by the Commission. 1002
4. Any State that joins the Compact shall be subject 1003
to the Commission's Rules and bylaws as they exist on the 1004
date on which the Compact becomes law in that State. Any 1005
Rule that has been previously adopted by the Commission 1006
shall have the full force and effect of law on the day the 1007
Compact becomes law in that State. 1008
B. Any Member State may withdraw from this Compact by 1009
enacting a statute repealing that State's enactment of the 1010
Compact. 1011
1. A Member State's withdrawal shall not take effect 1012
until one hundred eighty (180) days after enactment of the 1013
repealing statute. 1014
2. Withdrawal shall not affect the continuing 1015
requirement of the withdrawing State's Licensing Authority 1016
to comply with the investigative and Adverse Action 1017
reporting requirements of this Compact prior to the 1018
effective date of withdrawal. 1019
3. Upon the enactment of a statute withdrawing from 1020
this Compact, a State shall immediately provide notice of 1021
such withdrawal to all Licensees within that State. 1022
Notwithstanding any subsequent statutory enactment to the 1023
contrary, such withdrawing State shall continue to recognize 1024
SB 1673 34
all licenses granted pursuant to this Compact for a minimum 1025
of 180 days after the date of such notice of withdrawal. 1026
C. Nothing contained in this Compact shall be 1027
construed to invalidate or prevent any licensure agreement 1028
or other cooperative arrangement between a Member State and 1029
a non-Member State that does not conflict with the 1030
provisions of this Compact. 1031
D. This Compact may be amended by the Member States. 1032
No amendment to this Compact shall become effective and 1033
binding upon any Member State until it is enacted into the 1034
laws of all Member States. 1035
ARTICLE 13 - CONSTRUCTION AND SEVERABILITY 1036
A. This Compact and the Commission's rulemaking 1037
authority shall be liberally construed so as to effectuate 1038
the purposes, and the implementation and administration of 1039
the Compact. Provisions of the Compact expressly 1040
authorizing or requiring the promulgation of Rules shall not 1041
be construed to limit the Commission's rulemaking authority 1042
solely for those purposes. 1043
B. The provisions of this Compact shall be severable 1044
and if any phrase, clause, sentence or provision of this 1045
Compact is held by a court of competent jurisdiction to be 1046
contrary to the constitution of any Member State, a State 1047
seeking participation in the Compact, or of the United 1048
States, or the applicability thereof to any government, 1049
agency, person or circumstance is held to be 1050
unconstitutional by a court of competent jurisdiction, the 1051
validity of the remainder of this Compact and the 1052
applicability thereof to any other government, agency, 1053
person or circumstance shall not be affected thereby. 1054
C. Notwithstanding subsection B of this Article, the 1055
Commission may deny a State's participation in the Compact 1056
SB 1673 35
or, in accordance with the requirements of Article 11.B, 1057
terminate a Member State's participation in the Compact, if 1058
it determines that a constitutional requirement of a Member 1059
State is a material departure from the Compact. Otherwise, 1060
if this Compact shall be held to be contrary to the 1061
constitution of any Member State, the Compact shall remain 1062
in full force and effect as to the remaining Member States 1063
and in full force and effect as to the Member State affected 1064
as to all severable matters. 1065
ARTICLE 14 - CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE 1066
LAWS 1067
A. Nothing herein shall prevent or inhibit the 1068
enforcement of any other law of a Member State that is not 1069
inconsistent with the Compact. 1070
B. Any laws, statutes, regulations, or other legal 1071
requirements in a Member State in conflict with the Compact 1072
are superseded to the extent of the conflict. 1073
C. All permissible agreements between the Commission 1074
and the Member States are binding in accordance with their 1075
terms. 1076
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