Ratify the Interstate Compact for School Psychologists

sb276_06_EN

(136th General Assembly)

(Amended
Substitute Senate Bill Number 276)

AN
ACT

To amend sections 3313.537,
4731.156, and 5903.12; to enact sections 3301.0717, 3301.0733,
3313.5321, 3313.6025, 4731.191, and 4732.42; and to repeal section
4731.155 of the Revised Code to ratify the Interstate Compact for
School Psychologists, to modify the Interstate Massage Compact
(IMpact), to require, instead of permit, continuing education for
massage therapists, regarding the success sequence curriculum, to
require the Department of Education and Workforce to submit a report
regarding a single, statewide hybrid assessment system, and to enact
the Student Athlete Mobility (SAM) Act regarding student petitions to
participate in extracurricular activities at neighboring public
schools.

Be
it enacted by the General Assembly of the State of Ohio:

Section
1.
That
sections 3313.537, 4731.156, and 5903.12 be amended and sections
3301.0717, 3301.0733, 3313.5321, 3313.6025, 4731.191,

and

4732.42
of the Revised Code be enacted to read as follows:

Sec.
3301.0717.
(A)
As used in this section, "success sequence" means a
three-pronged framework for youth and young adults based on research
from diverse institutions that individuals who complete at least a
high school education, obtain full-time work, and marry before having
children are overwhelmingly less likely to live in poverty in
adulthood.

(B)
The department of education and workforce shall review and maintain a
list of curriculum and resources for grades six to twelve about the
success sequence. Any curriculum or resources on this list shall
include, and be consistent with, evidence, identified using the best
research methods available, describing the positive personal and
societal outcomes associated with the success sequence.

Sec.
3301.0733.
(A)
Notwithstanding anything in the Revised Code to the contrary, not
later than November 15, 2026, the department of education and
workforce shall conduct research, compile data, and prepare a report
for the standing committees of the house of representatives and the
senate that consider education legislation to consider a single,
statewide hybrid assessment system that provides both
criterion-referenced results aligned to the statewide academic
standards prescribed under section 3301.079 of the Revised Code and
nationally norm-referenced results, including national percentile
rankings, vertically aligned scale scores, growth measures, and other
nationally comparable benchmarking information.

(B)
The single, statewide hybrid assessment system shall assess the same
grade levels and subject areas as the diagnostic assessments,
statewide achievement assessments, and end-of-course examinations
prescribed under sections 3301.079, 3301.0710, and 3301.0712 of the
Revised Code. The assessments prescribed under this section shall be
used in place of those diagnostic assessments, statewide achievement
assessments, and end-of-course examinations. Wherever in Title XXXIII
of the Revised Code a reference is made to a diagnostic assessment,
statewide achievement assessment, or end-of-course examination, that
reference shall be construed to refer to the appropriate assessment
prescribed under this section, unless the context specifically
indicates a different meaning or intent.

(C)
For the report submitted under division (A) of this section, the
department shall include consideration and data for each of the
following:

(1)
An analysis of what percentage of assessment questions would need to
be aligned to the criterion-referenced standards and the
norm-referenced content areas to ensure compliance with federal law
and establish credible, reliable academic benchmarking;

(2)
National percentile ranks and national norm-referenced comparisons;

(3)
Vertically aligned scale scores and growth measures;

(4)
A computer-adaptive design when practicable;

(5)
Instructions for how to read and interpret assessment results that
include percentile ranges and percentages, including both state and
national proficiency;

(6)
A method or a description of how to compare results between the new
statewide hybrid assessment system and the diagnostic assessment,
statewide achievement assessment, or end-of-course examination that
the assessment is replacing;

(7)
Minimizing the amount of time students spend testing;

(8)
Producing a growth measure that leverages data from the grade level
above and below the grade level being tested to more accurately
reflect a year of learning;

(9)
Returning actionable results within one week of administration of the
assessment;

(10)
Meeting all requirements under the "Elementary and Secondary
Education Act of 1965," 20 U.S.C. 6301 et seq;

(11)
An independent psychometric review;

(12)
A detailed cost comparison of the statewide hybrid assessment system
against the diagnostic assessment, statewide achievement assessment,
or end-of-course examination that the assessment is replacing.

(D)
The department shall not require a separate nationally
norm-referenced assessment in addition to the statewide achievement
assessments or end-of-course examinations for any grade level or
subject area covered by the hybrid assessment system, unless required
by federal law or expressly authorized by the general assembly.

Sec.
3313.537.
(A)
As used in this section, "extracurricular activity" means a
pupil activity program that a school or school district operates and
is not included in the school district's graded course of study,
including an interscholastic extracurricular activity that a school
or school district sponsors or participates in and that has
participants from more than one school or school district.

(B)(1)
A student who is enrolled in a community school established under
Chapter 3314. of the Revised Code or in a science, technology,
engineering, and mathematics school established under Chapter 3326.
of the Revised Code shall be afforded, by the superintendent of the
school district in which the student is entitled to attend school
under section 3313.64 or 3313.65 of the Revised Code, the opportunity
to participate in that extracurricular activity at the district
school to which the student otherwise would be assigned during that
school year. If more than one school operated by the school district
serves the student's grade level, as determined by the district
superintendent based on the student's age and academic performance,
the student shall be afforded the opportunity to participate in that
extracurricular activity at the school to which the student would be
assigned by the superintendent under section 3319.01 of the Revised
Code.

(2)
The superintendent of any school district may afford any student
enrolled in community school or science, technology, engineering, and
mathematics school, and who is not entitled to attend school in the
district under section 3313.64 or 3313.65 of the Revised Code, the
opportunity to participate in an extracurricular activity offered by
a school of the district, if both of the following apply:

(a)
The school in which the student is enrolled does not offer the
extracurricular activity.

(b)

The

Except
as provided in section 3313.5321 of the Revised Code, the

extracurricular
activity is not interscholastic athletics or interscholastic contests
or competition in music, drama, or forensics.

(C)
In order to participate in any extracurricular activity under this
section, the student shall be of the appropriate age and grade level,
as determined by the superintendent of the district, for the school
that offers the extracurricular activity, and shall fulfill the same
academic, nonacademic, and financial requirements as any other
participant.

(D)
No school district board of education shall take any action contrary
to the provisions of this section.

(E)
No school or school district shall impose additional rules on a
student to participate under this section that do not apply to other
students participating in the same extracurricular activity. No
school or school district shall impose fees for a student to
participate under this section that exceed any fees charged to other
students participating in the same extracurricular activity.

(F)
No school district, interscholastic conference, or organization that
regulates interscholastic conferences or events shall require a
student who is eligible to participate in extracurricular activities
under this section to meet eligibility requirements that conflict
with this section.

Sec.
3313.5321.
(A)
As used in this section:

(1)
"Community school" means a community school established
under Chapter 3314. Of the Revised Code.

(2)
"Extracurricular activity" has the same meaning as in
section 3313.537 of the Revised Code.

(3)
"High school" means a school that serves any of grades nine
through twelve.

(4)
"Neighboring school" means either of the following:

(a)
For a board of education, any of the following:

(i)
A high school operated by the board of education other than the high
school in which the student is enrolled;

(ii)
A high school operated by a school district that directly borders the
board of education's school district;

(iii)
If the board of education's school district borders Lake Erie, a high
school operated by an island school district;

(iv)
Any other public high school that is located within the territory of
either the board of education's school district or a school district
that directly borders the board of education's school district.

(b)
For a school governing body, any of the following:

(i)
A high school operated by the board of education of the school
district in which the other public high school is located;

(ii)
A high school operated by a school district that directly borders the
school district in which the other public high school is located;

(iii)
A different other public high school that is located within the
territory of either of the following:

(I)
The school district in which the other public high school is located;

(II)
A school district that directly borders that school district in which
the other public high school is located.

(5)
"Other public high school" means a community school or STEM
school that is a high school.

(6)
"School governing body" means the governing authority of a
community school or the governing body of a STEM school.

(7)
"STEM school" means a STEM school established under Chapter
3326. of the Revised Code.

(B)
Beginning with the 2026-2027 school year, each school district board
of education and school governing body that operates a high school
that offers an extracurricular activity and is a member school of an
organization that regulates interscholastic athletics shall adopt a
policy that permits a student who is enrolled in a neighboring school
that does not offer that extracurricular activity to petition to
participate in that activity at the board of education's or school
governing body's high school. Each policy shall include all of the
following:

(1)
The form and manner in which a neighboring school student may
petition to participate in an extracurricular activity;

(2)
A requirement that both the superintendent of the school district in
which the student is enrolled and the neighboring school's
superintendent or chief administrative officer approves the student's
participation in the extracurricular activity. The superintendent of
the school district in which the student is enrolled must also
certify that the student has not participated in the extracurricular
activity at that school district during that school year.

(3)
A requirement that, if the student is enrolled in a school district
that operates multiple high schools, the student must first petition
to participate in an extracurricular activity at another high school
operated by the district if one offers the activity. If a student is
not approved to participate in an activity at another school operated
by the student's district, the student may petition to participate in
the extracurricular activity under the policy at a high school that
is not operated by the student's district.

(C)
A student shall not participate in the same extracurricular activity
under this section at more than one high school operated by a school
district or other public high school in any one school year.

(D)
If a high school operated by a school district or other public high
school participates in any regular season contest for an
extracurricular activity and subsequently ceases offering that
activity before the conclusion of the activity's season, a student
enrolled in that school is not eligible to petition to participate in
that activity under this section until the next school year.

(E)
A student is not eligible to petition to participate in an
extracurricular activity under this section solely because the school
in which the student is enrolled does not offer the competition level
at which the student wishes to participate, such as a varsity, junior
varsity, or freshman team.

(F)
A board of education or school governing body that operates a high
school and is a member school of an organization that regulates
interscholastic athletics may partner with a neighboring school to
establish a single team for an activity if neither school has a
sufficient number of students willing to participate in the
extracurricular activity. A sufficient number of students shall mean
the sum of:

(the
minimum number of students required for competition in an
extracurricular activity during play) + (half of that number, rounded
up to the nearest whole).

(G)
In order to participate in any extracurricular activity under this
section, the student shall be of the appropriate age and grade level,
as determined by the superintendent of the district, at the school
that offers the extracurricular activity, and shall fulfill the same
academic, nonacademic, and financial requirements as any other
participant, including trying out for a position on any activity.

Sec.
3313.6025.
(A)
Each school district board of education shall provide instruction
that is aligned with the success sequence, as defined in section
3301.0717 of the Revised Code using any of the following:

(1)
A curriculum on the list reviewed and maintained by the department of
education and workforce under section 3301.0717 of the Revised Code;

(2)
A different curriculum that is aligned with the success sequence;

(3)
A curriculum that integrates instruction that is aligned with the
success sequence with the curriculum requirements in divisions
(A)(5)(b) to (g) of section 3313.60 of the Revised Code.

(B)
Each district shall include instruction under this section in one or
more courses offered under division (C) of section 3313.603 of the
Revised Code. A district may provide that instruction in the same or
separate course in which it provides instruction in the subjects
listed in divisions (A)(5)(b) to (g) of section 3313.60 of the
Revised Code.

Sec.
4731.156.
The
"Interstate Massage Compact (IMpact)" is hereby ratified,
enacted into law, and entered into by the state of Ohio as a party to
the compact with any other state that has legally joined in the
compact as follows:

INTERSTATE
MASSAGE COMPACT

ARTICLE
1- PURPOSE

The
purpose of this Compact is to reduce the burdens on State governments
and to facilitate the interstate practice and regulation of Massage
Therapy with the goal of improving public access to, and the safety
of, Massage Therapy Services. Through this Compact, the Member States
seek to establish a regulatory framework which provides for a new
multistate licensing program. Through this additional licensing
pathway, the Member States seek to provide increased value and
mobility to licensed massage therapists in the Member States, while
ensuring the provision of safe, competent, and reliable services to
the public.

This
Compact is designed to achieve the following objectives, and the
Member States hereby ratify the same intentions by subscribing
hereto:

A.
Increase public access to Massage Therapy Services by providing for a
multistate licensing pathway;

B.
Enhance the Member States' ability to protect the public's health and
safety;

C.
Enhance the Member States' ability to prevent human trafficking and
licensure fraud;

D.
Encourage the cooperation of Member States in regulating the
multistate Practice of Massage Therapy;

E.
Support relocating military members and their spouses;

F.
Facilitate and enhance the exchange of licensure, investigative, and
disciplinary information between the Member States;

G.
Create an Interstate Commission that will exist to implement and
administer the Compact;

H.
Allow a Member State to hold a Licensee accountable, even where that
Licensee holds a Multistate License;

I.
Create a streamlined pathway for Licensees to practice in Member
States, thus increasing the mobility of duly licensed massage
therapists; and

J.
Serve the needs of licensed massage therapists and the public
receiving their services; however,

K.
Nothing in this Compact is intended to prevent a State from enforcing
its own laws regarding the Practice of Massage Therapy.

ARTICLE
2- DEFINITIONS

As
used in this Compact, except as otherwise provided and subject to
clarification by the Rules of the Commission, the following
definitions shall govern the terms herein:

A.
"Active Military Member" - any person with full-time duty
status in the armed forces of the United States, including members of
the National Guard and Reserve.

B.
"Adverse Action" - any administrative, civil, equitable, or
criminal action permitted by a Member State's laws which is imposed
by a Licensing Authority or other regulatory body against a Licensee,
including actions against an individual's Authorization to Practice
such as revocation, suspension, probation, surrender in lieu of
discipline, monitoring of the Licensee, limitation of the Licensee's
practice, or any other Encumbrance on licensure affecting an
individual's ability to practice Massage Therapy, including the
issuance of a cease and desist order.

C.
"Alternative Program" - a non-disciplinary monitoring or
prosecutorial diversion program approved by a Member State's
Licensing Authority.

D.
"Authorization to Practice" - a legal authorization by a
Remote State pursuant to a Multistate License permitting the Practice
of Massage Therapy in that Remote State, which shall be subject to
the enforcement jurisdiction of the Licensing Authority in that
Remote State.

E.
"Background Check" - the submission of an applicant's
criminal history record information, as further defined in 28 C.F.R.
§ 20.3(d), as amended from the Federal Bureau of Investigation and
the agency responsible for retaining State criminal records in the
applicant's Home State.

F.
"Charter Member States" - Member States who have enacted
legislation to adopt this Compact where such legislation predates the
effective date of this Compact as defined in Article 12.

G.
"Commission" - the government agency whose membership
consists of all States that have enacted this Compact, which is known
as the Interstate Massage Compact Commission, as defined in Article
8, and which shall operate as an instrumentality of the Member
States.

H.
"Continuing Competence" - a requirement, as a condition of
license renewal, to provide evidence of participation in, and
completion of, educational or professional activities that maintain,
improve, or enhance Massage Therapy fitness to practice.

I.
"Current Significant Investigative Information" -
Investigative Information that a Licensing Authority, after an
inquiry or investigation that complies with a Member State's due
process requirements, has reason to believe is not groundless and, if
proved true, would indicate a violation of that State's laws
regarding the Practice of Massage Therapy.

J.
"Data System" - a repository of information about Licensees
who hold Multistate Licenses which may include but is not limited to
license status, Investigative Information, and Adverse Actions.

K.
"Disqualifying Event" - any event which shall disqualify an
individual from holding a Multistate License under this Compact,
which the Commission may by Rule specify.

L.
"Encumbrance" - a revocation or suspension of, or any
limitation or condition on, the full and unrestricted Practice of
Massage Therapy by a Licensing Authority.

M.
"Executive Committee" - a group of delegates elected or
appointed to act on behalf of, and within the powers granted to them
by, the Commission.

N.
"Home State" - means the Member State which is a Licensee's
primary state of residence where the Licensee holds an active
Single-State License.

O.
"Investigative Information" - information, records, or
documents received or generated by a Licensing Authority pursuant to
an investigation or other inquiry.

P.
"Licensing Authority" - a State's regulatory body
responsible for issuing Massage Therapy licenses or otherwise
overseeing the Practice of Massage Therapy in that State.

Q.
"Licensee" - an individual who currently holds a license
from a Member State to fully practice Massage Therapy, whose license
is not a student, provisional, temporary, inactive, or other similar
status.

R.
"Massage Therapy", "Massage Therapy Services",
and the "Practice of Massage Therapy" - the care and
services provided by a Licensee as set forth in the Member State's
statutes and regulations in the State where the services are being
provided.

S.
"Member State" - any State that has adopted this Compact.

T.
"Multistate License" - a license that consists of
Authorizations to Practice Massage Therapy in all Remote States
pursuant to this Compact, which shall be subject to the enforcement
jurisdiction of the Licensing Authority in a Licensee's Home State.

U.

"National
Licensing Examination" - A national examination developed by a
national association of Massage Therapy regulatory boards, as defined
by Commission Rule, that is derived from a practice analysis and is
consistent with generally accepted psychometric principles of
fairness, validity and reliability, and is administered under secure
and confidential examination protocols.

V.

"Remote State" - any Member State, other than the
Licensee's Home State.

W.
V.

"Rule" - any opinion or regulation promulgated by the
Commission under this Compact, which shall have the force of law.

X.
W.

"Single-State License" - a current, valid authorization
issued by a Member State's Licensing Authority allowing an individual
to fully practice Massage Therapy, that is not a restricted, student,
provisional, temporary, or inactive practice authorization and
authorizes practice only within the issuing State.

Y.
X.

"State" - a state, territory, possession of the United
States, or the District of Columbia.

ARTICLE
3- MEMBER STATE REQUIREMENTS

A.
To be eligible to join this Compact, and to maintain eligibility as a
Member State, a State must:

1.
License and regulate the Practice of Massage Therapy;

2.
Have a mechanism or entity in place to receive and investigate
complaints from the public, regulatory or law enforcement agencies,
or the Commission about Licensees practicing in that State;

3.

Accept
passage of a National Licensing Examination as a criterion for
Massage Therapy licensure in that State;
Accept
passage of a psychometrically valid national examination as a
criterion for Massage Therapy licensure in that State; For purposes
of this compact, such examination shall not include a
State-administered examination but shall be inclusive of the
following:

a.
The Massage and Bodywork Licensure Examination; or

b.
The National Certification Board for Therapeutic Massage &
Bodywork prior to January 1, 2015; or

c.
The substantial equivalent of the foregoing which the Commission may
approve by Rule.

4.
Require that Licensees satisfy educational requirements prior to
being licensed to provide Massage Therapy Services to the public in
that State;

5.
Implement procedures for requiring the Background Check of applicants
for a Multistate License, and for the reporting of any Disqualifying
Events, including but not limited to obtaining and submitting, for
each Licensee holding a Multistate License and each applicant for a
Multistate License, fingerprint or other biometric-based information
to the Federal Bureau of Investigation for Background Checks;
receiving the results of the Federal Bureau of Investigation record
search on Background Checks and considering the results of such a
Background Check in making licensure decisions;

6.
Have Continuing Competence requirements as a condition for license
renewal;

7.
Participate in the Data System, including through the use of unique
identifying numbers as described herein;

8.
Notify the Commission and other Member States, in compliance with the
terms of the Compact and Rules of the Commission, of any disciplinary
action taken by the State against a Licensee practicing under a
Multistate License in that State, or of the existence of
Investigative Information or Current Significant Investigative
Information regarding a Licensee practicing in that State pursuant to
a Multistate License;

9.
Comply with the Rules of the Commission;

10.
Accept Licensees with valid Multistate Licenses from other Member
States as established herein;

B.
Individuals not residing in a Member State shall continue to be able
to apply for a Member State's Single-State License as provided under
the laws of each Member State. However, the Single-State License
granted to those individuals shall not be recognized as granting a
Multistate License for Massage Therapy in any other Member State;

C.
Nothing in this Compact shall affect the requirements established by
a Member State for the issuance of a Single-State License; and

D.
A Multistate License issued to a Licensee shall be recognized by each
Remote State as an Authorization to Practice Massage Therapy in each
Remote State.

ARTICLE
4- MULTISTATE LICENSE REQUIREMENTS

A.
To qualify for a Multistate License under this Compact, and to
maintain eligibility for such a license, an applicant must:

1.
Hold an active Single-State License to practice Massage therapy in
the applicant's Home State;

2.

Have
completed at least six hundred and twenty-five (625) clock hours of
Massage Therapy education or the substantial equivalent which the
Commission may approve by Rule
Satisfy
one of the following:

a.
Completion of at least six hundred and twenty-five (625) clock hours
of Massage Therapy education; or

b.
Graduation from an educational program that meets the minimum
qualifications for licensure in the home state and two (2) years of
continuous licensure with a Single-State License in good standing in
the Home State (except as provided in Article 7); or

c.
Satisfaction of the substantial equivalent of the foregoing which the
Commission may approve by Rule
.

3.

Have
passed a National Licensing Examination or the substantial equivalent
which the Commission may approve by Rule
Successfully
pass a psychometrically valid national examination for licensure
.

For
purposes of this compact, such examination shall not include a
State-administered examination but shall be inclusive of the
following:

a.
The Massage and Bodywork Licensure Examination; or

b.
The National Certification Board for Therapeutic Massage &
Bodywork licensure examination prior to January 1, 2015; or

c.
The substantial equivalent of the foregoing which the Commission may
approve by Rule.

4.
Submit to a Background Check;

5.
Have not been convicted or found guilty, or have entered into an
agreed disposition, of a felony offense under applicable State or
federal criminal law, within five (5) years prior to the date of
their application, where such a time period shall not include any
time served for the offense, and provided that the applicant has
completed any and all requirements arising as a result of any such
offense;

6.
Have not been convicted or found guilty, or have entered into an
agreed disposition, of a misdemeanor offense related to the Practice
of Massage Therapy under applicable State or federal criminal law,
within two (2) years prior to the date of their application where
such a time period shall not include any time served for the offense,
and provided that the applicant has completed any and all
requirements arising as a result of any such offense;

7.
Have not been convicted or found guilty, or have entered into an
agreed disposition, of any offense, whether a misdemeanor or a
felony, under State or federal law, at any time, relating to any of
the following:

a.
Kidnapping;

b.
Human trafficking;

c.
Human smuggling;

d.
Sexual battery, sexual assault, or any related offenses; or

e.
Any other category of offense which the Commission may by Rule
designate.

8.
Have not previously held a Massage Therapy license which was revoked
by, or surrendered in lieu of discipline to an applicable Licensing
Authority;

9.
Have no history of any Adverse Action on any occupational or
professional license within two (2) years prior to the date of their
application; and

10.
Pay all required fees.

B.
A Multistate License granted pursuant to this Compact may be
effective for a definite period of time concurrent with the renewal
of the Home State license.

C.
A Licensee practicing in a Member State is subject to all scope of
practice laws governing Massage Therapy Services in that State.

D.
The Practice of Massage Therapy under a Multistate License granted
pursuant to this Compact will subject the Licensee to the
jurisdiction of the Licensing Authority, the courts, and the laws of
the Member State in which the Massage Therapy Services are provided.

ARTICLE
5- AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION AND MEMBER
STATE LICENSING AUTHORITIES

A.
Nothing in this Compact, nor any Rule of the Commission, shall be
construed to limit, restrict, or in any way reduce the ability of a
Member State to enact and enforce laws, regulations, or other rules
related to the Practice of Massage Therapy in that State, where those
laws, regulations, or other rules are not inconsistent with the
provisions of this Compact.

B.
Nothing in this Compact, nor any Rule of the Commission, shall be
construed to limit, restrict, or in any way reduce the ability of a
Member State to take Adverse Action against a Licensee's Single-State
License to practice Massage Therapy in that State.

C.
Nothing in this Compact, nor any Rule of the Commission, shall be
construed to limit, restrict, or in any way reduce the ability of a
Remote State to take Adverse Action against a Licensee's
Authorization to Practice in that State.

D.
Nothing in this Compact, nor any Rule of the Commission, shall be
construed to limit, restrict, or in any way reduce the ability of a
Licensee's Home State to take Adverse Action against a Licensee's
Multistate License based upon information provided by a Remote State.

E.
Insofar as practical, a Member State's Licensing Authority shall
cooperate with the Commission and with each entity exercising
independent regulatory authority over the Practice of Massage Therapy
according to the provisions of this Compact.

ARTICLE
6- ADVERSE ACTIONS

A.
A Licensee's Home State shall have exclusive power to impose an
Adverse Action against a Licensee's Multistate License issued by the
Home State.

B.
A Home State may take Adverse Action on a Multistate License based on
the Investigative Information, Current Significant Investigative
Information, or Adverse Action of a Remote State.

C.
A Home State shall retain authority to complete any pending
investigations of a Licensee practicing under a Multistate License
who changes their Home State during the course of such an
investigation. The Licensing Authority shall also be empowered to
report the results of such an investigation to the Commission through
the Data System as described herein.

D.
Any Member State may investigate actual or alleged violations of the
scope of practice laws in any other Member State for a massage
therapist who holds a Multistate License.

E.
A Remote State shall have the authority to:

1.
Take Adverse Actions against a Licensee's Authorization to Practice;

2.
Issue cease and desist orders or impose an Encumbrance on a
Licensee's Authorization to Practice in that State.

3.
Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses, as well as the production of
evidence. Subpoenas issued by a Licensing Authority in a Member State
for the attendance and testimony of witnesses or the production of
evidence from another Member State shall be enforced in the latter
State by any court of competent jurisdiction, according to the
practice and procedure of that court applicable to subpoenas issued
in proceedings before it. The issuing Licensing Authority shall pay
any witness fees, travel expenses, mileage, and other fees required
by the service statutes of the State in which the witnesses or
evidence are located.

4.
If otherwise permitted by State law, recover from the affected
Licensee the costs of investigations and disposition of cases
resulting from any Adverse Action taken against that Licensee.

5.
Take Adverse Action against the Licensee's Authorization to Practice
in that State based on the factual findings of another Member State.

F.
If an Adverse Action is taken by the Home State against a Licensee's
Multistate License or Single-State License to practice in the Home
State, the Licensee's Authorization to Practice in all other Member
States shall be deactivated until all Encumbrances have been removed
from such license. All Home State disciplinary orders that impose an
Adverse Action against a Licensee shall include a statement that the
Massage Therapist's Authorization to Practice is deactivated in all
Member States during the pendency of the order.

G.
If Adverse Action is taken by a Remote State against a Licensee's
Authorization to Practice, that Adverse Action applies to all
Authorizations to Practice in all Remote States. A Licensee whose
Authorization to Practice in a Remote State is removed for a
specified period of time is not eligible to apply for a new
Multistate License in any other State until the specific time for
removal of the Authorization to Practice has passed and all
encumbrance requirements are satisfied.

H.
Nothing in this Compact shall override a Member State's authority to
accept a Licensee's participation in an Alternative Program in lieu
of Adverse Action. A Licensee's Multistate License shall be suspended
for the duration of the Licensee's participation in any Alternative
Program.

I.
Joint Investigations

1.
In addition to the authority granted to a Member State by its
respective scope of practice laws or other applicable State law, a
Member State may participate with other Member States in joint
investigations of Licensees.

2.
Member States shall share any investigative, litigation, or
compliance materials in furtherance of any joint or individual
investigation initiated under the Compact.

ARTICLE
7- ACTIVE MILITARY

MEMBER
AND THEIR SPOUSES

Active
Military Member, or their spouses, shall designate a Home State where
the individual has a current license to practice Massage Therapy in
good standing. The individual may retain their Home State designation
during any period of service when that individual or their spouse is
on active duty assignment.

Further,
Active Military Members or their spouses shall satisfy the
requirements of Article 4.A.2. by successful graduation from an
educational program that meets the minimum qualifications for
licensure in the designated Home State.

ARTICLE
8- ESTABLISHMENT AND OPERATION OF INTERSTATE MASSAGE COMPACT
COMMISSION

A.
The Compact Member States hereby create and establish a joint
government agency whose membership consists of all Member States that
have enacted the Compact known as the Interstate Massage Compact
Commission. The Commission is an instrumentality of the Compact
States acting jointly and not an instrumentality of any one State.
The Commission shall come into existence on or after the effective
date of the Compact as set forth in Article 12.

B.
Membership, Voting, and Meetings

1.
Each Member State shall have and be limited to one (1) delegate
selected by that Member State's State Licensing Authority.

2.
The delegate shall be
the

either:

a.
A member of the State Licensing Authority; or

b.
The
primary
administrative officer of the State Licensing Authority or their
designee.

3.
The Commission shall by Rule or bylaw establish a term of office for
delegates and may by Rule or bylaw establish term limits.

4.
The Commission may recommend removal or suspension of any delegate
from office.

5.
A Member State's State Licensing Authority shall fill any vacancy of
its delegate occurring on the Commission within 60 days of the
vacancy.

6.
Each delegate shall be entitled to one vote on all matters that are
voted on by the Commission.

7.
The Commission shall meet at least once during each calendar year.
Additional meetings may be held as set forth in the bylaws. The
Commission may meet by telecommunication, video conference or other
similar electronic means.

C.
The Commission shall have the following powers:

1.
Establish the fiscal year of the Commission;

2.
Establish code of conduct and conflict of interest policies;

3.
Adopt Rules and bylaws;

4.
Maintain its financial records in accordance with the bylaws;

5.
Meet and take such actions as are consistent with the provisions of
this Compact, the Commission's Rules, and the bylaws;

6.
Initiate and conclude legal proceedings or actions in the name of the
Commission, provided that the standing of any State Licensing
Authority to sue or be sued under applicable law shall not be
affected;

7.
Maintain and certify records and information provided to a Member
State as the authenticated business records of the Commission, and
designate an agent to do so on the Commission's behalf;

8.
Purchase and maintain insurance and bonds;

9.
Borrow, accept, or contract for services of personnel, including, but
not limited to, employees of a Member State;

10.
Conduct an annual financial review;

11.
Hire employees, elect or appoint officers, fix compensation, define
duties, grant such individuals appropriate authority to carry out the
purposes of the Compact, and establish the Commission's personnel
policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel matters;

12.
Assess and collect fees;

13.
Accept any and all appropriate gifts, donations, grants of money,
other sources of revenue, equipment, supplies, materials, and
services, and receive, utilize, and dispose of the same; provided
that at all times the Commission shall avoid any appearance of
impropriety or conflict of interest;

14.
Lease, purchase, retain, own, hold, improve, or use any property,
real, personal, or mixed, or any undivided interest therein;

15.
Sell, convey, mortgage, pledge, lease, exchange, abandon, or
otherwise dispose of any property real, personal, or mixed;

16.
Establish a budget and make expenditures;

17.
Borrow money;

18.
Appoint committees, including standing committees, composed of
members, State regulators, State legislators or their
representatives, and consumer representatives, and such other
interested persons as may be designated in this Compact and the
bylaws;

19.

The
Commission may elect up to two ex-officio, nonvoting members of the
Commission as specified in the Commission's bylaws;

20.

Accept
and transmit complaints from the public, regulatory or law
enforcement agencies, or the Commission, to the relevant Member
State(s) regarding potential misconduct of Licensees;

20.
21.

Elect a Chair, Vice Chair, Secretary and Treasurer and such other
officers of the Commission as provided in the Commission's bylaws;

21.
22.

Establish and elect an Executive Committee, including a chair and a
vice chair;

22.
23.

Adopt and provide to the Member States an annual report.

23.
24.

Determine whether a State's adopted language is materially different
from the model Compact language such that the State would not qualify
for participation in the Compact; and

24.
25.

Perform such other functions as may be necessary or appropriate to
achieve the purposes of this Compact.

D.
The Executive Committee

1.
The Executive Committee shall have the power to act on behalf of the
Commission according to the terms of this Compact. The powers,
duties, and responsibilities of the Executive Committee shall
include:

a.
Overseeing the day-to-day activities of the administration of the
Compact including compliance with the provisions of the Compact, the
Commission's Rules and bylaws, and other such duties as deemed
necessary;

b.
Recommending to the Commission changes to the Rules or bylaws,
changes to this Compact legislation, fees charged to Compact Member
States, fees charged to Licensees, and other fees;

c.
Ensuring Compact administration services are appropriately provided,
including by contract;

d.
Preparing and recommending the budget;

e.
Maintaining financial records on behalf of the Commission;

f.
Monitoring Compact compliance of Member States and providing
compliance reports to the Commission;

g.
Establishing additional committees as necessary;

h.
Exercise the powers and duties of the Commission during the interim
between Commission meetings, except for adopting or amending Rules,
adopting or amending bylaws, and exercising any other powers and
duties expressly reserved to the Commission by Rule or bylaw; and

i.
Other duties as provided in the Rules or bylaws of the Commission.

2.
The Executive Committee shall be composed of seven voting members and
up to two ex-officio members as follows:

a.
The chair and vice chair of the Commission and any other members of
the Commission who serve on the Executive Committee shall be voting
members of the Executive Committee; and

b.
Other than the chair, vice-chair, secretary and treasurer, the
Commission shall elect three voting members from the current
membership of the Commission.

c.
The Commission may elect ex-officio, nonvoting members as necessary
as follows:

i.
One ex-officio member who is a representative of the national
association of State Massage Therapy regulatory boards

ii.
One ex-officio member as specified in the Commission's bylaws.

3.
The Commission may remove any member of the Executive Committee as
provided in the Commission's bylaws.

4.
The Executive Committee shall meet at least annually.

a.
Executive Committee meetings shall be open to the public, except that
the Executive Committee may meet in a closed, non-public session of a
public meeting when dealing with any of the matters covered under
subsection F.4.

b.
The Executive Committee shall give five business days advance notice
of its public meetings, posted on its website and as determined to
provide notice to persons with an interest in the public matters the
Executive Committee intends to address at those meetings.

5.
The Executive Committee may hold an emergency meeting when acting for
the Commission to:

a.
Meet an imminent threat to public health, safety, or welfare;

b.
Prevent a loss of Commission or Participating State funds; or

c.
Protect public health and safety.

E.
The Commission shall adopt and provide to the Member States an annual
report.

F.
Meetings of the Commission

1.
All meetings of the Commission that are not closed pursuant to this
subsection shall be open to the public. Notice of public meetings
shall be posted on the Commission's website at least thirty (30) days
prior to the public meeting.

2.
Notwithstanding subsection F.1 of this Article, the Commission may
convene an emergency public meeting by providing at least twenty-four
(24) hours prior notice on the Commission's website, and any other
means as provided in the Commission's Rules, for any of the reasons
it may dispense with notice of proposed rulemaking under Article
10.L. The Commission's legal counsel shall certify the that one of
the reasons justifying an emergency public meeting has been met.

3.
Notice of all Commission meetings shall provide the time, date, and
location of the meeting, and if the meeting is to be held or
accessible via telecommunication, video conference, or other
electronic means, the notice shall include the mechanism for access
to the meeting.

4.
The Commission may convene in a closed, non-public meeting for the
Commission to discuss:

a.
Non-compliance of a Member State with its obligations under the
Compact;

b.
The employment, compensation, discipline or other matters, practices
or procedures related to specific employees or other matters related
to the Commission's internal personnel practices and procedures;

c.
Current or threatened discipline of a Licensee by the Commission or
by a Member State's Licensing Authority;

d.
Current, threatened, or reasonably anticipated litigation;

e.
Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;

f.
Accusing any person of a crime or formally censuring any person;

g.
Trade secrets or commercial or financial information that is
privileged or confidential;

h.
Information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;

i.
Investigative records compiled for law enforcement purposes;

j.
Information related to any investigative reports prepared by or on
behalf of or for use of the Commission or other committee charged
with responsibility of investigation or determination of compliance
issues pursuant to the Compact;

k.
Legal advice;

l.
Matters specifically exempted from disclosure to the public by
federal or Member State law; or

m.
Other matters as promulgated by the Commission by Rule.

5.
If a meeting, or portion of a meeting, is closed, the presiding
officer shall state that the meeting will be closed and reference
each relevant exempting provision, and such reference shall be
recorded in the minutes.

6.
The Commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate
summary of actions taken, and the reasons therefore, including a
description of the views expressed. All documents considered in
connection with an action shall be identified in such minutes. All
minutes and documents of a closed meeting shall remain under seal,
subject to release only by a majority vote of the Commission or order
of a court of competent jurisdiction.

G.
Financing of the Commission

1.
The Commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization, and ongoing
activities.

2.
The Commission may accept any and all appropriate sources of revenue,
donations, and grants of money, equipment, supplies, materials, and
services.

3.
The Commission may levy on and collect an annual assessment from each
Member State and impose fees on Licensees of Member States to whom it
grants a Multistate License to cover the cost of the operations and
activities of the Commission and its staff, which must be in a total
amount sufficient to cover its annual budget as approved each year
for which revenue is not provided by other sources. The aggregate
annual assessment amount for Member states shall be allocated based
upon a formula that the Commission shall promulgate by Rule.

4.
The Commission shall not incur obligations of any kind prior to
securing the funds adequate to meet the same; nor shall the
Commission pledge the credit of any Member States, except by and with
the authority of the Member State.

5.
The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall
be subject to the financial review and accounting procedures
established under its bylaws. All receipts and disbursements of funds
handled by the Commission shall be subject to an annual financial
review by a certified or licensed public accountant, and the report
of the financial review shall be included in and become part of the
annual report of the Commission.

H.
Qualified Immunity, Defense, and Indemnification

1.
The members, officers, executive director, employees and
representatives of the Commission shall be immune from suit and
liability, both personally and in their official capacity, for any
claim for damage to or loss of property or personal injury or other
civil liability caused by or arising out of any actual or alleged
act, error, or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties or
responsibilities; provided that nothing in this paragraph shall be
construed to protect any such person from suit or liability for any
damage, loss, injury, or liability caused by the intentional or
willful or wanton misconduct of that person. The procurement of
insurance of any type by the Commission shall not in any way
compromise or limit the immunity granted hereunder.

2.
The Commission shall defend any member, officer, executive director,
employee, and representative of the Commission in any civil action
seeking to impose liability arising out of any actual or alleged act,
error, or omission that occurred within the scope of Commission
employment, duties, or responsibilities, or as determined by the
Commission that the person against whom the claim is made had a
reasonable basis for believing occurred within the scope of
Commission employment, duties, or responsibilities; provided that
nothing herein shall be construed to prohibit that person from
retaining their own counsel at their own expense; and provided
further, that the actual or alleged act, error, or omission did not
result from that person's intentional or willful or wanton
misconduct.

3.
The Commission shall indemnify and hold harmless any member, officer,
executive director, employee, and representative of the Commission
for the amount of any settlement or judgment obtained against that
person arising out of any actual or alleged act, error, or omission
that occurred within the scope of Commission employment, duties, or
responsibilities, or that such person had a reasonable basis for
believing occurred within the scope of Commission employment, duties,
or responsibilities, provided that the actual or alleged act, error,
or omission did not result from the intentional or willful or wanton
misconduct of that person.

4.
Nothing herein shall be construed as a limitation on the liability of
any Licensee for professional malpractice or misconduct, which shall
be governed solely by any other applicable State laws.

5.
Nothing in this Compact shall be interpreted to waive or otherwise
abrogate a Member State's State action immunity or State action
affirmative defense with respect to antitrust claims under the
Sherman Act, Clayton Act, or any other State or federal antitrust or
anticompetitive law or regulation.

6.
Nothing in this Compact shall be construed to be a waiver of
sovereign immunity by the Member States or by the Commission.

ARTICLE
9- DATA SYSTEM

A.
The Commission shall provide for the development, maintenance,
operation, and utilization of a coordinated database and reporting
system.

B.
The Commission shall assign each applicant for a Multistate License a
unique identifier, as determined by the Rules of the Commission.

C.
Notwithstanding any other provision of State law to the contrary, a
Member State shall submit a uniform data set to the Data System on
all individuals to whom this Compact is applicable as required by the
Rules of the Commission, including:

1.
Identifying information;

2.
Licensure data;

3.
Adverse Actions against a license and information related thereto;

4.
Non-confidential information related to Alternative Program
participation, the beginning and ending dates of such participation,
and other information related to such participation;

5.
Any denial of application for licensure, and the reason(s) for such
denial (excluding the reporting of any criminal history record
information where prohibited by law);

6.
The existence of Investigative Information;

7.
The existence presence of Current Significant Investigative
Information; and

8.
Other information that may facilitate the administration of this
Compact or the protection of the public, as determined by the Rules
of the Commission.

D.
The records and information provided to a Member State pursuant to
this Compact or through the Data System, when certified by the
Commission or an agent thereof, shall constitute the authenticated
business records of the Commission, and shall be entitled to any
associated hearsay exception in any relevant judicial, quasi-judicial
or administrative proceedings in a Member State.

E.
The existence of Current Significant Investigative Information and
the existence of Investigative Information pertaining to a Licensee
in any Member State will only be available to other Member States.

F.
It is the responsibility of the Member States to report any Adverse
Action against a Licensee who holds a Multistate License and to
monitor the database to determine whether Adverse Action has been
taken against such a Licensee or License applicant. Adverse Action
information pertaining to a Licensee or License applicant in any
Member State will be available to any other Member State.

G.
Member States contributing information to the Data System may
designate information that may not be shared with the public without
the express permission of the contributing State.

H.
Any information submitted to the Data System that is subsequently
expunged pursuant to federal law or the laws of the Member State
contributing the information shall be removed from the Data System.

ARTICLE
10- RULEMAKING

A.
The Commission shall promulgate reasonable Rules in order to
effectively and efficiently implement and administer the purposes and
provisions of the Compact. A Rule shall be invalid and have no force
or effect only if a court of competent jurisdiction holds that the
Rule is invalid because the Commission exercised its rulemaking
authority in a manner that is beyond the scope and purposes of the
Compact, or the powers granted hereunder, or based upon another
applicable standard of review.

B.
The Rules of the Commission shall have the force of law in each
Member State, provided however that where the Rules of the Commission
conflict with the laws of the Member State that establish the Member
State's scope of practice as held by a court of competent
jurisdiction, the Rules of the Commission shall be ineffective in
that State to the extent of the conflict.

C.
The Commission shall exercise its Rulemaking powers pursuant to the
criteria set forth in this article and the Rules adopted thereunder.
Rules shall become binding as of the date specified by the Commission
for each Rule.

D.
If a majority of the legislatures of the Member States rejects a Rule
or portion of a Rule, by enactment of a statute or resolution in the
same manner used to adopt the Compact within four (4) years of the
date of adoption of the Rule, then such Rule shall have no further
force and effect in any Member State or to any State applying to
participate in the Compact.

E.
Rules shall be adopted at a regular or special meeting of the
Commission.

F.
Prior to adoption of a proposed Rule, the Commission shall hold a
public hearing and allow persons to provide oral and written
comments, data, facts, opinions, and arguments.

G.
Prior to adoption of a proposed Rule by the Commission, and at least
thirty (30) days in advance of the meeting at which the Commission
will hold a public hearing on the proposed Rule, the Commission shall
provide a Notice of Proposed Rulemaking:

1.
On the website of the Commission or other publicly accessible
platform;

2.
To persons who have requested notice of the Commission's notices of
proposed rulemaking, and

3.
In such other way(s) as the Commission may by Rule specify.

H.
The Notice of Proposed Rulemaking shall include:

1.
The time, date, and location of the public hearing at which the
Commission will hear public comments on the proposed Rule and, if
different, the time, date, and location of the meeting where the
Commission will consider and vote on the proposed Rule;

2.
If the hearing is held via telecommunication, video conference, or
other electronic means, the Commission shall include the mechanism
for access to the hearing in the Notice of Proposed Rulemaking;

3.
The text of the proposed Rule and the reason therefor;

4.
A request for comments on the proposed Rule from any interested
person; and

5.
The manner in which interested persons may submit written comments.

I.
All hearings will be recorded. A copy of the recording and all
written comments and documents received by the Commission in response
to the proposed Rule shall be available to the public.

J.
Nothing in this article shall be construed as requiring a separate
hearing on each Rule. Rules may be grouped for the convenience of the
Commission at hearings required by this article.

K.
The Commission shall, by majority vote of all Commissioners, take
final action on the proposed Rule based on the Rulemaking record.

1.
The Commission may adopt changes to the proposed Rule provided the
changes do not enlarge the original purpose of the proposed Rule.

2.
The Commission shall provide an explanation of the reasons for
substantive changes made to the proposed Rule as well as reasons for
substantive changes not made that were recommended by commenters.

3.
The Commission shall determine a reasonable effective date for the
Rule. Except for an emergency as provided in subsection L, the
effective date of the Rule shall be no sooner than thirty (30) days
after the Commission issuing the notice that it adopted or amended
the Rule.

L.
Upon determination that an emergency exists, the Commission may
consider and adopt an emergency Rule with 24 hours notice, provided
that the usual Rulemaking procedures provided in the Compact and in
this article shall be retroactively applied to the Rule as soon as
reasonably possible, in no event later than ninety (90) days after
the effective date of the Rule. For the purposes of this provision,
an emergency Rule is one that must be adopted immediately to:

1.
Meet an imminent threat to public health, safety, or welfare;

2.
Prevent a loss of Commission or Member State funds;

3.
Meet a deadline for the promulgation of a Rule that is established by
federal law or rule; or

4.
Protect public health and safety.

M.
The Commission or an authorized committee of the Commission may
direct revisions to a previously adopted Rule for purposes of
correcting typographical errors, errors in format, errors in
consistency, or grammatical errors. Public notice of any revisions
shall be posted on the website of the Commission. The revision shall
be subject to challenge by any person for a period of thirty (30)
days after posting. The revision may be challenged only on grounds
that the revision results in a material change to a Rule. A challenge
shall be made in writing and delivered to the Commission prior to the
end of the notice period. If no challenge is made, the revision will
take effect without further action. If the revision is challenged,
the revision may not take effect without the approval of the
Commission.

N.
No Member State's rulemaking requirements shall apply under this
Compact.

ARTICLE
11- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A.
Oversight

1.
The executive and judicial branches of State government in each
Member State shall enforce this Compact and take all actions
necessary and appropriate to implement the Compact.

2.
Venue is proper and judicial proceedings by or against the Commission
shall be brought solely and exclusively in a court of competent
jurisdiction where the principal office of the Commission is located.
The Commission may waive venue and jurisdictional defenses to the
extent it adopts or consents to participate in alternative dispute
resolution proceedings. Nothing herein shall affect or limit the
selection or propriety of venue in any action against a Licensee for
professional malpractice, misconduct or any such similar matter.

3.
The Commission shall be entitled to receive service of process in any
proceeding regarding the enforcement or interpretation of the Compact
and shall have standing to intervene in such a proceeding for all
purposes. Failure to provide the Commission service of process shall
render a judgment or order void as to the Commission, this Compact,
or promulgated Rules.

B.
Default, Technical Assistance, and Termination

1.
If the Commission determines that a Member State has defaulted in the
performance of its obligations or responsibilities under this Compact
or the promulgated Rules, the Commission shall provide written notice
to the defaulting State. The notice of default shall describe the
default, the proposed means of curing the default, and any other
action that the Commission may take, and shall offer training and
specific technical assistance regarding the default.

2.
The Commission shall provide a copy of the notice of default to the
other Member States.

C.
If a State in default fails to cure the default, the defaulting State
may be terminated from the Compact upon an affirmative vote of a
majority of the delegates of the Member States, and all rights,
privileges and benefits conferred on that State by this Compact may
be terminated on the effective date of termination. A cure of the
default does not relieve the offending State of obligations or
liabilities incurred during the period of default.

D.
Termination of membership in the Compact shall be imposed only after
all other means of securing compliance have been exhausted. Notice of
intent to suspend or terminate shall be given by the Commission to
the governor, the majority and minority leaders of the defaulting
State's legislature, the defaulting State's State Licensing Authority
and each of the Member States' State Licensing Authority.

E.
A State that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of
termination, including obligations that extend beyond the effective
date of termination.

F.
Upon the termination of a State's membership from this Compact, that
State shall immediately provide notice to all Licensees who hold a
Multistate License within that State of such termination. The
terminated State shall continue to recognize all licenses granted
pursuant to this Compact for a minimum of one hundred eighty (180)
days after the date of said notice of termination.

G.
The Commission shall not bear any costs related to a State that is
found to be in default or that has been terminated from the Compact,
unless agreed upon in writing between the Commission and the
defaulting State.

H.
The defaulting State may appeal the action of the Commission by
petitioning the U.S. District Court for the District of Columbia or
the federal district where the Commission has its principal offices.
The prevailing party shall be awarded all costs of such litigation,
including reasonable attorney's fees.

I.
Dispute Resolution

1.
Upon request by a Member State, the Commission shall attempt to
resolve disputes related to the Compact that arise among Member
States and between Member and non-Member States.

2.
The Commission shall promulgate a Rule providing for both mediation
and binding dispute resolution for disputes as appropriate.

J.
Enforcement

1.
The Commission, in the reasonable exercise of its discretion, shall
enforce the provisions of this Compact and the Commission's Rules.

2.
By majority vote as provided by Commission Rule, the Commission may
initiate legal action against a Member State in default in the United
States District Court for the District of Columbia or the federal
district where the Commission has its principal offices to enforce
compliance with the provisions of the Compact and its promulgated
Rules. The relief sought may include both injunctive relief and
damages. In the event judicial enforcement is necessary, the
prevailing party shall be awarded all costs of such litigation,
including reasonable attorney's fees. The remedies herein shall not
be the exclusive remedies of the Commission. The Commission may
pursue any other remedies available under federal or the defaulting
Member State's law.

3.
A Member State may initiate legal action against the Commission in
the U.S. District Court for the District of Columbia or the federal
district where the Commission has its principal offices to enforce
compliance with the provisions of the Compact and its promulgated
Rules. The relief sought may include both injunctive relief and
damages. In the event judicial enforcement is necessary, the
prevailing party shall be awarded all costs of such litigation,
including reasonable attorney's fees.

4.
No individual or entity other than a Member State may enforce this
Compact against the Commission.

ARTICLE
12- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT

A.
The Compact shall come into effect on the date on which the Compact
statute is enacted into law in the seventh Member State.

1.
On or after the effective date of the Compact, the Commission shall
convene and review the enactment of each of the Charter Member States
to determine if the statute enacted by each such Charter Member State
is materially different than the model Compact statute.

a.
A Charter Member State whose enactment is found to be materially
different from the model Compact statute shall be entitled to the
default process set forth in Article 11.

b.
If any Member State is later found to be in default, or is terminated
or withdraws from the Compact, the Commission shall remain in
existence and the Compact shall remain in effect even if the number
of Member States should be less than seven (7).

2.
Member States enacting the Compact subsequent to the Charter Member
States shall be subject to the process set forth in Article 8.C.23 to
determine if their enactments are materially different from the model
Compact statute and whether they qualify for participation in the
Compact.

3.
All actions taken for the benefit of the Commission or in furtherance
of the purposes of the administration of the Compact prior to the
effective date of the Compact or the Commission coming into existence
shall be considered to be actions of the Commission unless
specifically repudiated by the Commission.

4.
Any State that joins the Compact shall be subject to the Commission's
Rules and bylaws as they exist on the date on which the Compact
becomes law in that State. Any Rule that has been previously adopted
by the Commission shall have the full force and effect of law on the
day the Compact becomes law in that State.

B.
Any Member State may withdraw from this Compact by enacting a statute
repealing that State's enactment of the Compact.

1.
A Member State's withdrawal shall not take effect until one hundred
eighty (180) days after enactment of the repealing statute.

2.
Withdrawal shall not affect the continuing requirement of the
withdrawing State's Licensing Authority to comply with the
investigative and Adverse Action reporting requirements of this
Compact prior to the effective date of withdrawal.

3.
Upon the enactment of a statute withdrawing from this Compact, a
State shall immediately provide notice of such withdrawal to all
Licensees within that State. Notwithstanding any subsequent statutory
enactment to the contrary, such withdrawing State shall continue to
recognize all licenses granted pursuant to this Compact for a minimum
of 180 days after the date of such notice of withdrawal.

C.
Nothing contained in this Compact shall be construed to invalidate or
prevent any licensure agreement or other cooperative arrangement
between a Member State and a non-Member State that does not conflict
with the provisions of this Compact.

D.
This Compact may be amended by the Member States. No amendment to
this Compact shall become effective and binding upon any Member State
until it is enacted into the laws of all Member States.

ARTICLE
13. CONSTRUCTION AND SEVERABILITY

A.
This Compact and the Commission's rulemaking authority shall be
liberally construed so as to effectuate the purposes, and the
implementation and administration of the Compact. Provisions of the
Compact expressly authorizing or requiring the promulgation of Rules
shall not be construed to limit the Commission's rulemaking authority
solely for those purposes.

B.
The provisions of this Compact shall be severable and if any phrase,
clause, sentence or provision of this Compact is held by a court of
competent jurisdiction to be contrary to the constitution of any
Member State, a State seeking participation in the Compact, or of the
United States, or the applicability thereof to any government,
agency, person or circumstance is held to be unconstitutional by a
court of competent jurisdiction, the validity of the remainder of
this Compact and the applicability thereof to any other government,
agency, person or circumstance shall not be affected thereby.

C.
Notwithstanding subsection B of this article, the Commission may deny
a State's participation in the Compact or, in accordance with the
requirements of Article 11.B, terminate a Member State's
participation in the Compact, if it determines that a constitutional
requirement of a Member State is a material departure from the
Compact. Otherwise, if this Compact shall be held to be contrary to
the constitution of any Member State, the Compact shall remain in
full force and effect as to the remaining Member States and in full
force and effect as to the Member State affected as to all severable
matters.

ARTICLE
14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS

Nothing
herein shall prevent or inhibit the enforcement of any other law of a
Member State that is not inconsistent with the Compact.

Any
laws, statutes, regulations, or other legal requirements in a Member
State in conflict with the Compact are superseded to the extent of
the conflict.

All
permissible agreements between the Commission and the Member States
are binding in accordance with their terms.

Sec.
4731.191.
(A)
Before a renewal of a license to practice massage therapy is issued
by the board, the licensee shall furnish the board with satisfactory
evidence that the licensee has completed during the current licensing
period not less than the number of hours of continuing education that
the board requires in rules adopted under this section. For an
activity to be applied toward the continuing education requirement,
the activity must meet the board's approval as a continuing education
activity, as specified in rules adopted under this section. Any
exception from the continuing education requirement must be approved
by the board.

(B)
Failure of a licensee to comply with this section shall operate as an
automatic forfeiture of the right of the licensee to practice massage
therapy in this state. A forfeited license may be reinstated by the
board upon payment of all fees due and a penalty fee in an amount the
board specifies in rules adopted under this section for
reinstatement, in addition to satisfying the board of having complied
with the continuing education requirements of this section. If an
individual's license has been forfeited for two or more years, the
board may also require as a condition of reinstatement that the
individual complete training or testing as specified by the board.

(C)
The board shall adopt any rules it considers necessary to implement
this section, including standards for approval of continuing
education in the practice of massage therapy. The rules shall be
adopted in accordance with Chapter 119. of the Revised Code.

Sec.
4732.42.
The
interstate compact for school psychologists is hereby ratified,
enacted into law, and entered into by this state as a party with any
other state that has legally joined or legally joins the compact, as
follows:

Interstate
Compact for School Psychologists

SECTION
1. PURPOSE

The
purpose of this Compact is to facilitate the interstate practice of
School Psychology in educational or school settings, and in so doing
to improve the availability of School Psychological Services to the
public. This Compact is intended to establish a pathway to allow
School Psychologists to obtain equivalent licenses to provide School
Psychological Services in any Member State. In this way, this Compact
shall enable the Member States to ensure that safe and effective
School Psychological Services are available and delivered by
appropriately qualified professionals in their educational settings.

To
facilitate the objectives described above, this Compact:

A.
Enables School Psychologists who qualify for receipt of an Equivalent
License to practice in other Member States without first satisfying
burdensome and duplicative requirements;

B.
Promotes the mobility of School Psychologists between and among the
Member States in order to address workforce shortages and to ensure
that safe and reliable School Psychological Services are available in
each Member State;

C.
Enhances the public accessibility of School Psychological Services by
increasing the availability of qualified, licensed School
Psychologists through the establishment of an efficient and
streamlined pathway for Licensees to practice in other Member States;

D.
Preserves and respects the authority of each Member State to protect
the health and safety of its residents by ensuring that only
qualified, licensed professionals are authorized to provide School
Psychological Services within that State;

E.
Requires School Psychologists practicing within a Member State to
comply with the Scope of Practice laws present in the State where the
School Psychological Services are being provided;

F.
Promotes cooperation between the Member States in regulating the
practice of School Psychology within those States; and

G.
Facilitates the relocation of military members and their spouses who
are licensed to provide School Psychological Services.

SECTION
2. DEFINITIONS

A.
"Active Military Member" means any person with full-time
duty status in the armed forces of the United States, including
members of the National Guard and Reserve.

B.
"Adverse Action" means disciplinary action or encumbrance
imposed on a License by a State Licensing Authority.

C.
"Alternative Program" means a non-disciplinary,
prosecutorial diversion, monitoring, or practice remediation process
entered into in lieu of an Adverse Action which is applicable to a
School Psychologist and approved by the State Licensing Authority of
a Member State in which the participating School Psychologist is
licensed. This includes, but is not limited to, programs to which
Licensees with substance abuse or addiction issues may be referred in
lieu of an Adverse Action.

D.
"Commissioner" means the individual appointed by a Member
State to serve as the representative to the Commission for that
Member State.

E.
"Compact" means this School Psychologist Interstate
Licensure Compact.

F.
"Continuing Professional Education" means a requirement,
imposed by a Member State as a condition of License renewal to
provide evidence of successful participation in professional
educational activities relevant to the provision of School
Psychological Services.

G.
"Criminal Background Check" means the submission of
fingerprints or other biometric information for a License applicant
for the purpose of obtaining that applicant's criminal history record
information, as defined in 28 C.F.R. 20.3(d), and the State's
criminal history record repository as 81 defined in 28 C.F.R.
20.3(f).

H.
"Doctoral Level Degree" means a graduate degree program
that consists of at least ninety graduate semester hours in the field
of School Psychology including a supervised internship.

I.
"Encumbered License" means a License that a State Licensing
Authority has limited in any way other than through an Alternative
Program, including temporary or provisional licenses.

J.
"Executive Committee" means the Commission's Chair, Vice
Chair, Secretary and Treasurer and any other Commissioners as may be
determined by Commission Rule or bylaw.

K.
"Equivalent License" means a license to practice School
Psychology which a Member State has identified as a license which may
be provided to School Psychologists from other Member States pursuant
to this Compact.

L.
"Home State" means the Member State that issued the Home
State License to the Licensee and is the Licensee's primary state of
practice.

M.
"Home State License" means the License that is not an
Encumbered License issued by the Home State to provide School
Psychological Services.

N.
"License" means a current license, certification, or other
authorization granted by a Member State's Licensing Authority that
permits an individual to provide School Psychological Services.

O.
"Licensee" means an individual who holds a License from a
Member State to provide School Psychological Services.

P.
"Member State" means a State that has enacted the Compact
and been admitted to the Commission in accordance with the provisions
herein and Commission Rules.

Q.
"Model Compact" means the model language for the School
Psychologist Interstate Licensure Compact on file with the Council of
State Governments or other entity as designated by the Commission.

R.
"Practice of School Psychology" means the delivery of
School Psychological Services.

S.
"Qualifying National Exam" means a national licensing
examination endorsed by the National Association of School
Psychologists and any other exam as approved by the Rules of the
Commission.

T.
"Qualifying School Psychologist Education Program" means an
education program which awards a Specialist-Level or Doctoral-Level
degree or equivalent upon completion and is approved by the Rules of
the Commission as meeting the necessary minimum educational standards
to ensure that its graduates are ready, qualified, and able to engage
in the Practice of School Psychology.

U.
"Remote State" means a Member State other than the Home
State where a Licensee holds a License through the Compact.

V.
"Rule" means a regulation promulgated by an entity,
including but not limited to the Commission and the State Licensing
Authority of each Member State, that has the force of law.

W.
"School Psychological Services" means academic, mental and
behavioral health services including assessment, prevention,
consultation and collaboration, intervention, and evaluation provided
by a School Psychologist in a school, as outlined in applicable
professional standards as determined by Commission Rule.

X.
"School Psychologist" means an individual who has met the
requirements to obtain a Home State License that legally conveys the
professional title of School Psychologist, or its equivalent as
determined by the Rules of the Commission.

Y.
"School Psychologist Interstate Licensure Compact Commission"
or "Commission" means the joint government agency
established by this Compact whose membership consists of
representatives from each Member State that has enacted the Compact,
and as further described in Section 7.

Z.
"Scope of Practice" means the procedures, actions, and
processes a School Psychologist licensed in a State is permitted to
undertake in that State and the circumstances under which that
Licensee is permitted to undertake those procedures, actions, and
processes. Such procedures, actions, and processes, and the
circumstances under which they may be undertaken, may be established
through means including, but not limited to, statute, regulations,
case law, and other processes available to the State Licensing
Authority or other government agency.

AA.
"Specialist-Level Degree" means a degree program that
requires at least sixty graduate semester hours or equivalent in the
field of School Psychology including a supervised internship.

BB.
"State" means any state, commonwealth, district, or
territory of the United States of America.

CC.
"State Licensing Authority" means a Member State's
regulatory body responsible for issuing Licenses or otherwise
overseeing the Practice of School Psychology.

DD.
"State Specific Requirement" means a requirement for
licensure covered in coursework or examination that includes content
of unique interest to the State.

EE.
"Unencumbered License" means a License that authorizes a
Licensee to engage in the full and unrestricted Practice of School
Psychology.

SECTION
3. STATE PARTICIPATION IN THE COMPACT

A.
To be eligible to join this Compact, and to maintain eligibility as a
Member State, a State must:

1.
Enact a compact statute that is not materially different from the
Model Compact as defined in the Commission's Rules;

2.
Participate in the sharing of information with other Member States as
reasonably necessary to accomplish the objectives of this Compact,
and as further defined in Section 8;

3.
Identify and maintain with the Commission a list of Equivalent
Licenses available to Licensees who hold a Home State License under
this Compact;

4.
Have a mechanism in place for receiving and investigating complaints
about Licensees;

5.
Notify the Commission, in compliance with the terms of the Compact
and the Commission's Rules, of any Adverse Action taken against a
Licensee, or of the availability of investigative information which
relates to a Licensee or applicant for licensure;

6.
Require that applicants for a Home State License:

a.
Taken and passed a Qualifying National Exam as defined by the Rules
of the Commission;

b.
Completed a minimum of one thousand two hundred hours of supervised
internship, of which at least six hundred must have been completed in
a School, prior to being approved for licensure; and

c.
Graduated from a Qualifying School Psychologist Education Program.

7.
Comply with the terms of this Compact and the Rules of the
Commission.

B.
Each Member State shall grant an Equivalent License to practice
School Psychology in that state upon application by a Licensee who
satisfies the criteria of Section 4.A. Each Member State shall grant
renewal of the Equivalent License to a Licensee who satisfies the
criteria of Section 4.B.

C.
Member States may set and collect a fee for granting an Equivalent
License.

SECTION
4. SCHOOL PSYCHOLOGIST PARTICIPATION IN THE COMPACT

A.
To obtain and maintain an Equivalent License from a Remote State
under this Compact, a Licensee must do all of the following:

1.
Hold and maintain an active Home State License;

2.
Satisfy any applicable State Specific Requirements established by the
Member State after an Equivalent License is granted;

3.
Complete any administrative or application requirements which the
Commission may establish by Rule, and pay any associated fees;

4.
Complete any requirements for renewal in the Home State, including
applicable Continuing Professional Education requirements; and

5.
Upon their application to receive a license under this Compact,
undergo a criminal background check in the Member State in which the
Equivalent License is sought in accordance with the laws and
regulations of such Member State.

B.
To renew an Equivalent License in a Member State other than the Home
State, a Licensee must only apply for renewal, complete a background
check, and pay renewal fees as determined by the Licensing Authority.

SECTION
5. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES

A
Licensee who is an Active Military Member or is the spouse of an
Active Military Member shall be deemed to hold a Home State License
in any of the following locations:

A.
The Licensee's permanent residence;

B.
A Member State that is the Licensee's primary State of Practice; or

C.
A Member State where the Licensee has relocated pursuant to a
Permanent Change of Station (PCS).

SECTION
6. DISCIPLINE AND ADVERSE ACTIONS

A.
Nothing in this Compact shall be deemed or construed to limit the
authority of a Member State to investigate or impose disciplinary
measures on Licensees according to the State Practice Laws thereof.

B.
Member States shall be authorized to receive, and shall provide,
files and information regarding the investigation and discipline, if
any, of Licensees in other Member States upon request. Any Member
State receiving such information or files shall protect and maintain
the security and confidentiality thereof, in at least the same manner
that it maintains its own investigatory or disciplinary files and
information. Prior to disclosing any disciplinary or investigatory
information received from another Member State, the disclosing state
shall communicate its intention and purpose for such disclosure to
the Member State which originally provided that information.

SECTION
7. ESTABLISHMENT OF THE SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE
COMPACT COMMISSION

A.
The Member States hereby create and establish a joint government
agency whose membership consists of all Member States that have
enacted the Compact, and this agency shall be known as the School
Psychologist Interstate Licensure Compact Commission. The Commission
is an instrumentality of the Member States acting jointly and not an
instrumentality of any one state. The Commission shall come into
existence on or after the effective date of the Compact as set forth
in Section 11.

B.
Membership, Voting, and Meetings

1.
Each Member State shall have and be limited to one (1) delegate
selected by that Member State's State Licensing Authority.

2.
The delegate shall be the primary administrative officer of the
Member State Licensing Authority or their designee who is an employee
of the Member State Licensing Authority.

3.
The Commission shall by Rule or bylaw establish a term of office for
delegates and may by Rule or bylaw establish term limits.

4.
The Commission may recommend removal or suspension of any delegate
from office.

5.
A Member State's Licensing Authority shall fill any vacancy of its
delegate occurring on the Commission within sixty days of the
vacancy.

6.
Each delegate shall be entitled to one vote on all matters before the
Commission requiring a vote by Commission delegates.

7.
A delegate shall vote in person or by such other means as provided in
the bylaws. The bylaws may provide for delegates to meet by
telecommunication, video conference, or other means of communication.

8.
The Commission shall meet at least once during each calendar year.
Additional meetings may be held as set forth in the bylaws. The
Commission may meet by telecommunication, video conference, or other
similar electronic means.

C.
The Commission shall have the following powers:

1.
Establish the fiscal year of the Commission;

2.
Establish code of conduct and conflict of interest policies;

3.
Establish and amend Rules and bylaws;

4.
Establish the procedure through which a Licensee may change their
Home State;

5.
Maintain its financial records in accordance with the bylaws;

6.
Meet and take such actions as are consistent with the provisions of
this Compact, the Commission's Rules, and the bylaws;

7.
Initiate and conclude legal proceedings or actions in the name of the
Commission, provided that the standing of any Member State Licensing
Authority to sue or be sued under applicable law shall not be
affected;

8.
Maintain and certify records and information provided to a Member
State as the authenticated business records of the Commission, and
designate an agent to do so on the Commission's behalf;

9.
Purchase and maintain insurance and bonds;

10.
Borrow, accept, or contract for services of personnel, including, but
not limited to, employees of a Member State;

11.
Conduct an annual financial review;

12.
Hire employees, elect or appoint officers, fix compensation, define
duties, grant such individuals appropriate authority to carry out the
purposes of the Compact, and establish the Commission's personnel
policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel matters;

13.
Assess and collect fees;

14.
Accept any and all appropriate gifts, donations, grants of money,
other sources of revenue, equipment, supplies, materials, and
services, and receive, utilize, and dispose of the same; provided
that at all times the Commission shall avoid any appearance of
impropriety or conflict of interest;

15.
Lease, purchase, retain, own, hold, improve, or use any property,
real, personal, or mixed, or any undivided interest therein;

16.
Sell, convey, mortgage, pledge, lease, exchange, abandon, or
otherwise dispose of any property real, personal, or mixed;

17.
Establish a budget and make expenditures;

18.
Borrow money;

19.
Appoint committees, including standing committees, composed of
members, State regulators, State legislators or their
representatives, and consumer representatives, and such other
interested persons as may be designated in this Compact and the
bylaws;

20.
Provide and receive information from, and cooperate with, law
enforcement agencies;

21.
Establish and elect an Executive Committee, including a chair and a
vice chair;

22.
Determine whether a State's adopted language is materially different
from the model compact language such that the State would not qualify
for participation in the Compact; and

23.
Perform such other functions as may be necessary or appropriate to
achieve the purposes of this Compact.

D.
The Executive Committee

1.
The Executive Committee shall have the power to act on behalf of the
Commission according to the terms of this Compact. The powers,
duties, and responsibilities of the Executive Committee shall
include:

a.
Oversee the day-to-day activities of the administration of the
compact including enforcement and compliance with the provisions of
the compact, its Rules and bylaws, and other such duties as deemed
necessary;

b.
Recommend to the Commission changes to the Rules or bylaws, changes
to this Compact legislation, fees charged to Member States, fees
charged to Licensees, and other fees;

c.
Ensure Compact administration services are appropriately provided,
including by contract;

d.
Prepare and recommend the budget;

e.
Maintain financial records on behalf of the Commission;

f.
Monitor Compact compliance of Member States and provide compliance
reports to the Commission;

g.
Establish additional committees as necessary;

h.
Exercise the powers and duties of the Commission during the interim
between Commission meetings, except for adopting or amending Rules,
adopting or amending bylaws, and exercising any other powers and
duties expressly reserved to the Commission by Rule or bylaw; and

i.
Other duties as provided in the Rules or bylaws of the Commission.

2.
The Executive Committee shall be composed of up to seven members:

a.
The chair and vice chair of the Commission shall be voting members of
the Executive Committee; and

b.
The Commission shall elect five voting members from the current
membership of the Commission.

3.
The Commission may remove any member of the Executive Committee as
provided in the Commission's bylaws.

4.
The Executive Committee shall meet at least annually.

a.
Executive Committee meetings shall be open to the public, except that
the Executive Committee may meet in a closed, non-public meeting as
provided in subsection F.2 below.

b.
The Executive Committee shall give thirty days' notice of its
meetings, posted on its website and as determined to provide notice
to persons with an interest in the business of the Commission.

c.
The Executive Committee may hold a special meeting in accordance with
subsection F.1.b. below.

E.
The Commission shall adopt and provide to the Member States an annual
report.

F.
Meetings of the Commission

1.
All meetings shall be open to the public, except that the Commission
may meet in a closed, non-public meeting as provided in subsection
F.2 below.

a.
Public notice for all meetings of the full Commission of meetings
shall be given in the same manner as required under the Rulemaking
provisions in Section 9, except that the Commission may hold a
special meeting as provided in subsection F.1.b below.

b.
The Commission may hold a special meeting when it must meet to
conduct emergency business by giving forty-eight hours' notice to all
commissioners, on the Commission's website, and other means as
provided in the Commission's rules. The Commission's legal counsel
shall certify that the Commission's need to meet qualifies as an
emergency.

2.
The Commission or the Executive Committee or other committees of the
Commission may convene in a closed, non-public meeting for the
Commission or Executive Committee or other committees of the
Commission to receive legal advice or to discuss:

a.
Non-compliance of a Member State with its obligations under the
Compact;

b.
The employment, compensation, discipline or other matters, practices
or procedures related to specific employees;

c.
Current or threatened discipline of a Licensee by the Commission or
by a Member State's Licensing Authority;

d.
Current, threatened, or reasonably anticipated litigation;

e.
Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;

f.
Accusing any person of a crime or formally censuring any person;

g.
Trade secrets or commercial or financial information that is
privileged or confidential;

h.
Information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;

i.
Investigative records compiled for law enforcement purposes;

j.
Information related to any investigative reports prepared by or on
behalf of or for use of the Commission or other committee charged
with responsibility of investigation or determination of compliance
issues pursuant to the Compact;

k.
Matters specifically exempted from disclosure by federal or Member
State law; or

l.
Other matters as promulgated by the Commission by Rule.

3.
If a meeting, or portion of a meeting, is closed, the presiding
officer shall state that the meeting will be closed and reference
each relevant exempting provision, and such reference shall be
recorded in the minutes.

4.
The Commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate
summary of actions taken, and the reasons therefore, including a
description of the views expressed. All documents considered in
connection with an action shall be identified in such minutes. All
minutes and documents of a closed meeting shall remain under seal,
subject to release only by a majority vote of the Commission or order
of a court of competent jurisdiction.

G.
Financing of the Commission

1.
The Commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization, and ongoing
activities.

2.
The Commission may accept any and all appropriate revenue sources as
provided in C.14.

3.
The Commission may levy on and collect an annual assessment from each
Member State and impose fees on Licensees practicing in the Member
States under an Equivalent License to cover the cost of the
operations and activities of the Commission and its staff, which must
be in a total amount sufficient to cover its annual budget as
approved each year for which revenue is not provided by other
sources. The aggregate annual assessment amount for Member States
shall be allocated based upon a formula that the Commission shall
promulgate by Rule.

4.
The Commission shall not incur obligations of any kind prior to
securing the funds adequate to meet the same; nor shall the
Commission pledge the credit of any of the Member States, except by
and with the authority of the Member State.

5.
The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall
be subject to the financial review and accounting procedures
established under its bylaws. However, all receipts and disbursements
of funds handled by the Commission shall be subject to an annual
financial review by a certified or licensed public accountant, and
the report of the financial review shall be included in and become
part of the annual report of the Commission.

H.
Qualified Immunity, Defense, and Indemnification

1.
The members, officers, executive director, employees and
representatives of the Commission shall be immune from suit and
liability, both personally and in their official capacity, for any
claim for damage to or loss of property or personal injury or other
civil liability caused by or arising out of any actual or alleged
act, error, or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties or
responsibilities; provided that nothing in this paragraph shall be
construed to protect any such person from suit or liability for any
damage, loss, injury, or liability caused by the intentional or
willful or wanton misconduct of that person. The procurement of
insurance of any type by the Commission shall not in any way
compromise or limit the immunity granted hereunder.

2.
The Commission shall defend any member, officer, executive director,
employee, and representative of the Commission in any civil action
seeking to impose liability arising out of any actual or alleged act,
error, or omission that occurred within the scope of Commission
employment, duties, or responsibilities, or as determined by the
commission that the person against whom the claim is made had a
reasonable basis for believing occurred within the scope of
Commission employment, duties, or responsibilities; provided that
nothing herein shall be construed to prohibit that person from
retaining their own counsel at their own expense; and provided
further, that the actual or alleged act, error, or omission did not
result from that person's intentional or willful or wanton
misconduct.

3.
The Commission shall indemnify and hold harmless any member, officer,
executive director, employee, and representative of the Commission
for the amount of any settlement or judgment obtained against that
person arising out of any actual or alleged act, error, or omission
that occurred within the scope of Commission employment, duties, or
responsibilities, or that such person had a reasonable basis for
believing occurred within the scope of Commission employment, duties,
or responsibilities, provided that the actual or alleged act, error,
or omission did not result from the intentional or willful or wanton
misconduct of that person.

4.
Nothing herein shall be construed as a limitation on the liability of
any licensee for professional malpractice or misconduct, which shall
be governed solely by any other applicable state laws.

5.
Nothing in this Compact shall be interpreted to waive or otherwise
abrogate a Member State's state action immunity or state action
affirmative defense with respect to antitrust claims under the
Sherman Act, Clayton Act, or any other state or federal antitrust or
anticompetitive law or regulation.

6.
Nothing in this Compact shall be construed to be a waiver of
sovereign immunity by the Member States or by the Commission.

SECTION
8. FACILITATING INFORMATION EXCHANGE

A.
The Commission shall provide for facilitating the exchange of
information to administer and implement the provisions of this
compact in accordance with the Rules of the Commission, consistent
with generally accepted data protection principles.

B.
Notwithstanding any other provision of State law to the contrary, a
Member State shall agree to provide for the facilitation of the
following Licensee information as required by the Rules of the
Commission, including:

1.
Identifying information;

2.
Licensure data;

3.
Adverse Actions against a License and information related thereto;

4.
Non-confidential information related to Alternative Program
participation, the beginning and ending dates of such participation,
and other information related to such participation not made
confidential under Member State law;

5.
Any denial of application for licensure, and the reason or reasons
for such denial;

6.
The presence of investigative information; and

7.
Other information that may facilitate the administration of this
Compact or the protection of the public, as determined by the Rules
of the Commission.

C.
Nothing in this Compact shall be deemed or construed to alter, limit,
or inhibit the power of a Member State to control and maintain
ownership of its Licensee information or alter, limit, or inhibit the
laws or regulations governing Licensee information in the Member
State.

SECTION
9. RULEMAKING

A.
The Commission shall exercise its Rulemaking powers pursuant to the
criteria set forth in this Compact and the Rules adopted thereunder.
Rules and amendments shall become binding as of the date specified in
each Rule or amendment.

B.
The Commission shall promulgate reasonable Rules to achieve the
intent and purpose of this Compact. In the event the Commission
exercises its Rulemaking authority in a manner that is beyond purpose
and intent of this Compact, or the powers granted hereunder, then
such an action by the Commission shall be invalid and have no force
and effect of law in the Member States.

C.
If a majority of the legislatures of the Member States rejects a
Rule, by enactment of a statute or resolution in the same manner used
to adopt the Compact within four years of the date of adoption of the
Rule, then such Rule shall have no further force and effect in any
Member State.

D.
Rules or amendments to the Rules shall be adopted or ratified at a
regular or special meeting of the Commission in accordance with
Commission Rules and Bylaws.

E.
Prior to promulgation and adoption of a final Rule or Rules by the
Commission, and at least thirty days in advance of the meeting at
which the Rule will be considered and voted upon, the Commission
shall file a notice of proposed rulemaking:

1.
On the website of the Commission or other publicly accessible
platform; and

2.
On the website of each Member State Licensing Authority or other
publicly accessible platform or the publication in which each State
would otherwise publish proposed Rules.

F.
Upon determination that an emergency exists, the Commission may
consider and adopt an emergency Rule with forty-eight hours' notice,
with opportunity to comment, provided that the usual Rulemaking
procedures shall be retroactively applied to the Rule as soon as
reasonably possible, in no event later than ninety days after the
effective date of the Rule. For the purposes of this provision, an
emergency Rule is one that must be adopted immediately in order to:

1.
Meet an imminent threat to public health, safety, or welfare.

2.
Prevent a loss of Commission or Member State funds.

3.
Meet a deadline for the promulgation of an administrative Rule that
is established by federal law or Rule; or

4.
Protect public health and safety.

SECTION
10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A.
Oversight

1.
The executive and judicial branches of the State government in each
Member State shall enforce this Compact and take all actions
necessary and appropriate to implement the Compact.

2.
Venue is proper and judicial proceedings by or against the Commission
shall be brought solely and exclusively in a court of competent
jurisdiction where the principal office of the Commission is located.
The Commission may waive venue and jurisdictional defenses to the
extent it adopts or consents to participate in alternative dispute
resolution proceedings. Nothing herein shall affect or limit the
selection or propriety of venue in any action against a licensee for
professional malpractice, misconduct or any such similar matter.

3.
The Commission shall be entitled to receive service of process in any
proceeding regarding the enforcement or interpretation of the Compact
and shall have standing to intervene in such a proceeding for all
purposes. Failure to provide the Commission service of process shall
render a judgment or order void as to the Commission, this Compact,
or promulgated Rules.

B.
Default, Technical Assistance, and Termination

1.
If the Commission determines that a Member State has defaulted in the
performance of its obligations or responsibilities under this Compact
or the promulgated Rules, the Commission shall provide written notice
to the defaulting State. The notice of default shall describe the
default, the proposed means of curing the default, and any other
action that the Commission may take, and shall offer training and
specific technical assistance regarding the default.

2.
The Commission shall provide a copy of the notice of default to the
other Member States.

C.
If a State in default fails to cure the default, the defaulting State
may be terminated from the Compact upon an affirmative vote of a
supermajority of the delegates of the Member States, and all rights,
privileges and benefits conferred on that state by this Compact may
be terminated on the effective date of termination. A cure of the
default does not relieve the offending State of obligations or
liabilities incurred during the period of default.

D.
Termination of membership in the Compact shall be imposed only after
all other means of securing compliance have been exhausted. Notice of
intent to suspend or terminate shall be given by the Commission to
the governor, the majority and minority leaders of the defaulting
State's legislature, the defaulting State's Licensing Authority and
each of the Member States' Licensing Authorities.

E.
A State that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of
termination, including obligations that extend beyond the effective
date of termination.

F.
Upon the termination of a State's membership from this Compact, that
State shall immediately provide notice to all Licensees within that
State of such termination. The terminated State shall continue to
recognize all Licenses granted pursuant to this Compact for a minimum
of six months after the date of said notice of termination.

G.
The Commission shall not bear any costs related to a State that is
found to be in default or that has been terminated from the Compact,
unless agreed upon in writing between the Commission and the
defaulting State.

H.
The defaulting State may appeal the action of the Commission by
petitioning the United States District Court for the District of
Columbia or the federal district where the Commission has its
principal offices. The prevailing party shall be awarded all costs of
such litigation, including reasonable attorney's fees.

I.
Dispute Resolution

1.
Upon request by a Member State, the Commission shall attempt to
resolve disputes related to the Compact that arise among Member
States and between Member and non-Member States.

2.
The Commission shall promulgate a Rule providing for both mediation
and binding dispute resolution for disputes as appropriate.

J.
Enforcement

1.
By majority vote as provided by Rule, the Commission may initiate
legal action against a Member State in default in the United States
District Court for the District of Columbia or the federal district
where the Commission has its principal offices to enforce compliance
with the provisions of the Compact and its promulgated Rules. The
relief sought may include both injunctive relief and damages. In the
event judicial enforcement is necessary, the prevailing party shall
be awarded all costs of such litigation, including reasonable
attorney's fees. The remedies herein shall not be the exclusive
remedies of the Commission. The Commission may pursue any other
remedies available under federal or the defaulting Member State's
law.

2.
A Member State may initiate legal action against the Commission in
the United States District Court for the District of Columbia or the
federal district where the Commission has its principal offices to
enforce compliance with the provisions of the Compact and its
promulgated Rules. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is necessary,
the prevailing party shall be awarded all costs of such litigation,
including reasonable attorney's fees.

3.
No person other than a Member State shall enforce this compact
against the Commission.

SECTION
11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT

A.
The Compact shall come into effect on the date on which the Compact
statute is enacted into law in the seventh Member State.

1.
On or after the effective date of the Compact indicated above, the
Commission shall convene and review the enactment of each of the
Charter Member States to determine if the statute enacted by each
such Charter Member State is materially different than the model
Compact statute.

a.
A Charter Member State whose enactment is found to be materially
different from the model Compact statute shall be entitled to the
default process set forth in Section 10.

b.
If any Member State is later found to be in default, or is terminated
or withdraws from the Compact, the Commission shall remain in
existence and the Compact shall remain in effect even if the number
of Member States should be less than seven.

2.
Member States enacting the Compact subsequent to the Charter Member
States shall be subject to the process set forth in Section 7.C.22 to
determine if their enactments are materially different from the model
Compact statute and whether they qualify for participation in the
Compact.

3.
All actions taken for the benefit of the Commission or in furtherance
of the purposes of the administration of the Compact prior to the
effective date of the Compact or the Commission coming into existence
shall be considered to be actions of the Commission unless
specifically repudiated by the Commission.

a.
Any State that joins the Compact subsequent to the Commission's
initial adoption of the Rules and bylaws shall be subject to the
Rules and bylaws as they exist on the date on which the Compact
becomes law in that State. Any Rule that has been previously adopted
by the Commission shall have the full force and effect of law on the
day the Compact becomes law in that State.

b.
Any Member State may withdraw from this Compact by enacting a statute
repealing the same.

B.
A Member State's withdrawal shall not take effect until one hundred
eighty days after enactment of the repealing statute.

C.
Withdrawal shall not affect the continuing requirement of the
withdrawing State's Licensing Authority to comply with the
investigative and Adverse Action reporting requirements of this
Compact prior to the effective date of withdrawal.

D.
Upon the enactment of a statute withdrawing from this compact, a
State shall immediately provide notice of such withdrawal to all
Licensees within that State. Notwithstanding any subsequent statutory
enactment to the contrary, such withdrawing State shall continue to
recognize all licenses granted pursuant to this compact for a minimum
of six months after the date of such notice of withdrawal.

1.
Nothing contained in this Compact shall be construed to invalidate or
prevent any licensure agreement or other cooperative arrangement
between a Member State and a non-Member State that does not conflict
with the provisions of this Compact.

2.
This Compact may be amended by the Member States. No amendment to
this Compact shall become effective and binding upon any Member State
until it is enacted into the laws of all Member States.

SECTION
12. CONSTRUCTION AND SEVERABILITY

A.
This Compact and the Commission's rulemaking authority shall be
liberally construed so as to effectuate the purposes, and the
implementation and administration of the Compact. Provisions of the
Compact expressly authorizing or requiring the promulgation of Rules
shall not be construed to limit the Commission's rulemaking authority
solely for those purposes.

B.
The provisions of this Compact shall be severable and if any phrase,
clause, sentence or provision of this Compact is held by a court of
competent jurisdiction to be contrary to the constitution of any
Member State, a State seeking participation in the Compact, or of the
United States, or the applicability thereof to any government,
agency, person, or circumstance is held to be unconstitutional by a
court of competent jurisdiction, the validity of the remainder of
this Compact and the applicability thereof to any other government,
agency, person, or circumstance shall not be affected thereby.

C.
Notwithstanding subsection B of this Section, the Commission may deny
a State's participation in the Compact or, in accordance with the
requirements of Section 10.B, terminate a Member State's
participation in the Compact, if it determines that a constitutional
requirement of a Member State is a material departure from the
Compact. Otherwise, if this Compact shall be held to be contrary to
the constitution of any Member State, the Compact shall remain in
full force and effect as to the remaining Member States and in full
force and effect as to the Member State affected as to all severable
matters.

SECTION
13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS

A.
Nothing herein shall prevent or inhibit the enforcement of any other
law of a Member State that is not inconsistent with the Compact.

B.
Any laws, statutes, regulations, or other legal requirements in a
Member State in conflict with the Compact are superseded to the
extent of the conflict.

C.
All permissible agreements between the Commission and the Member
States are binding in accordance with their terms.

Sec.
5903.12.
(A)
As used in this section:

"Continuing
education" means continuing education required of a licensee by
law and includes, but is not limited to, the continuing education
required of licensees under sections 3737.881, 3776.07, 3781.10,
4701.11, 4715.141, 4715.25, 4717.09, 4723.24, 4725.16, 4725.51,
4730.14, 4730.49,
4731.155,

4731.282,
4734.25, 4735.141, 4741.16, 4741.19, 4751.24, 4751.25, 4755.63,
4757.33, 4759.06, 4761.06, 4763.07, and 4772.081 of the Revised Code.

"Reporting
period" means the period of time during which a licensee must
complete the number of hours of continuing education required of the
licensee by law.

(B)
A licensee may submit an application to a licensing agency, stating
that the licensee requires an extension of the current reporting
period because the licensee has served on active duty during the
current or a prior reporting period. The licensee shall submit proper
documentation certifying the active duty service and the length of
that active duty service. Upon receiving the application and proper
documentation, the licensing agency shall extend the current
reporting period by an amount of time equal to the total number of
months that the licensee spent on active duty during the current
reporting period. For purposes of this division, any portion of a
month served on active duty shall be considered one full month.

Section
2.
That
existing sections 3313.537, 4731.156, and 5903.12 of the Revised Code
are hereby repealed.

Section
3.
That
section 4731.155 of the Revised Code is hereby repealed.

Section
4.
The
amendment or enactment of sections 3313.537 and 3313.5321 of the
Revised Code by this act shall be known as the Student Athlete
Mobility (SAM) Act.

Speaker
___________________ of the House of Representatives.

President
___________________ of the Senate.

Passed
________________________, 20____

Approved
________________________, 20____

Governor.

The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.

Director, Legislative
Service Commission.

Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.

Secretary of State.

File
No. _________ Effective Date ___________________