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As Passed by the Senate
136th
General Assembly
Regular
Session
Am. S. B. No. 320
2025-2026
Senator Roegner
Cosponsors: Senators Johnson,
Huffman, Ingram, Cirino, DeMora, Gavarone, Hicks-Hudson, Lang,
Liston, O'Brien, Patton, Reineke, Reynolds, Romanchuk, Schaffer,
Timken, Weinstein, Wilkin
To
enact sections 4755.72 and 4755.721 of the Revised Code
to
enter into the Athletic Trainer Compact.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 4755.72 and 4755.721 of the Revised Code be enacted to read
as follows:
Sec.
4755.72.
SECTION
1. TITLE AND PURPOSE
This
statute shall be known and cited as the Athletic Trainer Compact. The
purposes of this compact are to expand mobility of Athletic Training
practice and improve public access to services by providing qualified
Licensed Athletic Trainers the ability to practice in other Member
States. This compact preserves the regulatory authority of States to
protect public health and safety through the current system of State
licensure.
This
compact is designed to achieve the following objectives:
A.
Increase public access to Athletic Training and enhance continuity of
care by providing for the mutual recognition of other Licenses issued
by Member States;
B.
Provide an additional streamlined opportunity for interstate practice
by Licensed Athletic Trainers who meet compact uniform requirements;
C.
Promote mobility and workforce development by eliminating the
necessity for Licenses in multiple States by providing for the mutual
recognition of other Licenses issued by Member States;
D.
Reduce administrative burdens on Licensed Athletic Trainers and
Member States;
E.
Enhance the States' ability to protect the public's health and
safety;
F.
Encourage the cooperation of Member States in regulating interstate
practice of Licensed Athletic Trainers;
G.
Support relocating Active Military Members and their spouses;
H.
Enhance the exchange of licensure, investigative, and disciplinary
information among Member States;
I.
Allow for the use of telehealth to facilitate increased access to
Athletic Training services;
J.
Support the uniformity of Licensed Athletic Trainer licensure
requirements throughout the States;
K.
Affirm the authority of all Member States to hold a Licensed Athletic
Trainer accountable for abiding by the Scope of Practice in the State
in which the patient is located at the time of care; and
L.
Require adherence to the Model Compact Language in order to promote
uniformity and ensure that all Member States have accepted and are
mutually obligated to the same terms.
SECTION
2. DEFINITIONS
As
used in this compact, unless the context requires otherwise, the
following definitions shall apply:
A.
"Active Military Member" means any individual with
full-time duty status in the active armed forces of the United
States, including members of the National Guard and Reserve.
B.
"Adverse Action" means any administrative, civil, equitable
or criminal action permitted by a State's laws which is imposed by a
Licensing Authority or other authority against a Licensee, including
actions against an individual's License or Compact Privilege such as
revocation, suspension, probation, monitoring of the Licensee,
limitation on the Licensee's practice, or any other Encumbrance on
licensure affecting a Licensee's authorization to practice.
C.
"Alternative Program" means a non-disciplinary monitoring
or practice remediation process applicable to an Athletic Trainer
approved by a State Licensing Authority of a Member State in which
the Athletic Trainer is licensed. This includes, but is not limited
to, programs to which Licensees with substance use, addiction, or
mental health conditions are referred in lieu of Adverse Action.
D.
"Athletic Training" means the prevention, examination,
assessment, treatment and rehabilitation of emergent, acute, or
chronic injuries and medical conditions as defined by applicable
Member State laws and regulations.
E.
"Athletic Trainer Compact Commission" or "Compact
Commission" means the government agency whose membership
consists of all States that have enacted this compact, as described
herein and which shall operate as an instrumentality of the Member
States to administer and implement the compact according to its
terms.
F.
"BOC" means the Board of Certification, Inc. or any
successor organization thereto.
G.
"CAATE" means the Commission on Accreditation of Athletic
Training Education or any successor organization thereto.
H.
"Charter Member State" means any Member State which enacted
and made effective this compact by law before the compact effective
date specified herein.
I.
"Commissioner" means the individual appointed by a Member
State to serve as the member of the Commission for that Member State.
J.
"Compact Privilege" means the legal authorization granted
by a Remote State, equivalent to a License, allowing a Licensee from
another Member State to provide Athletic Training services in a
Remote State.
K.
"Compact Qualifying License" means a License that is not an
Encumbered License issued by a Member State to practice Athletic
Training which qualifies the Licensee to exercise a Compact Privilege
pursuant to Section 4 of this compact.
L.
"Continuing Competence" means a requirement, as a condition
of License renewal, to provide evidence of successful participation,
and completion of, educational and professional activities relevant
to practice or area of work. For purposes of this compact, evidence
of active BOC certification may satisfy the meaning of Continuing
Competence as set forth herein.
M.
"Current Significant Investigative Information" means the
existence of:
1.
Investigative Information that a Licensing Authority, after a
preliminary inquiry that includes notification and an opportunity for
the subject Licensee to respond, if required by State law, has reason
to believe is not groundless and, if proven true, would indicate more
than a minor infraction; or
2.
Investigative Information that indicates that the subject Licensee
represents an immediate threat to public health and safety regardless
of whether the subject Licensee has been notified and had an
opportunity to respond.
N.
"Criminal Background Check" means the submission of
fingerprints or other biometric-based 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) from
the Federal Bureau of Investigation and the State's criminal history
record repository as defined in 28 C.F.R. § 20.3(f).
O.
"Data System" means the Commission's repository of
information about Licensees, including but not limited to
examination, licensure, investigative, Compact Privilege, Adverse
Action, and Alternative Program.
P.
"Encumbrance" or "Encumbered" means a revocation
or suspension of, or any limitation or condition on, the full and
unrestricted practice of Athletic Training.
Q.
"Executive Committee" means a group of commissioners
elected or appointed to act on behalf of, and within the powers
granted to them by, the compact and Commission.
R.
"Investigative Information" means information, records, and
documents received or generated by a Licensing Authority pursuant to
an investigation.
S.
"Jurisprudence Requirement" means the assessment of an
individual's knowledge of the laws and Rules governing the practice
of Athletic Training, as applicable, in a State.
T.
"License" means current authorization by a Member State to
engage in the practice of Athletic Training.
U.
"Licensee" or "Licensed Athletic Trainer" means
an individual who currently holds an active, unrestricted License and
who meets all of the requirements outlined in Section 4 of this
compact.
V.
"Licensing Authority" means the board or agency of a State,
or equivalent, that is responsible for the licensing and regulation
of Athletic Trainers.
W.
"Model Compact Language" the model language for the
Athletic Trainer Compact on file with The Council of State
Governments or other entity as designated by the Commission to which
all Member States must substantively adhere and adopt.
X.
"Member State" means a State that has enacted the compact.
Y.
"Remote State" means a Member State other than the State of
Qualifying Licensure.
Z.
"Rule" means a regulation promulgated by an authorized
entity that has the force of law.
AA.
"Scope of Practice" means the procedures, actions, and
processes an Athletic Trainer licensed in a State is permitted to
undertake in that State and the circumstances under which the
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. Scope of Practice shall include
any State requirements regarding supervision or direction, if
required by such State and as further defined by such State's
statutes and regulations.
BB.
"Single State License" means a License issued by any State
that authorizes practice only within the issuing State.
CC.
"State" means any state, commonwealth, district, or
territory of the United States of America.
DD.
"State of Qualifying Licensure" means the Member State who
has issued a Compact Qualifying License to a Licensee pursuant to
this compact.
EE.
"Unencumbered License" means a License that authorizes a
Licensee to engage in the full and unrestricted practice of Athletic
Training.
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 and maintain a statute that is not materially different from
the Model Compact Language;
2.
License and regulate the practice of Athletic Training;
3.
Require that Licensees in that State maintain Continuing Competence
standards as part of their State practice act or Rules;
4.
Have a mechanism in place for receiving and investigating complaints
about Licensees;
5.
Grant the Compact Privilege to a Licensee who meets all the
requirements outlined in Section 4 in accordance with the terms of
the compact and any Rules promulgated thereunder;
6.
Participate fully in the Compact Commission's Data System, including
using the unique identifier as defined in Rules;
7.
Notify the Compact Commission, in compliance with the terms of the
Compact and Rules, of any Adverse Action or the availability of
Current Significant Investigative Information regarding a Licensee;
8.
Within a time frame established by Rule, implement or utilize
procedures for considering the criminal history records of applicants
for a Compact Qualifying License which includes receiving the results
of the Federal Bureau of Investigation record search and shall use
those results in making licensure decisions. These procedures shall
include the submission of fingerprints or other biometric-based
information by applicants for the purpose of obtaining an applicant's
criminal history record information from the Federal Bureau of
Investigation and the agency responsible for retaining that State's
criminal records; and
a.
A Member State must fully implement a Criminal Background Check
requirement in order to participate in the issuance and acceptance of
Compact Privileges.
b.
Communication between a Member State and the Compact Commission or
among Member States regarding the verification of eligibility for
licensure through the compact shall not include any information
received from the Federal Bureau of Investigation relating to a
federal criminal records check performed by a Member State.
9.
Comply with and enforce the Rules of the Compact Commission.
B.
Member States may set and collect a fee for issuance and renewal of a
Compact Privilege to applicants.
C.
Individuals without a Compact Qualifying License shall continue to be
able to apply for a Member State's Single-State License as provided
under the laws of each Member State.
D.
Nothing in this compact shall affect the requirements established by
a Member State for the issuance of a Single State License.
E.
A Compact Qualifying License shall be recognized by each Remote State
as authorizing that Licensee to engage in the practice of Athletic
Training, under a Compact Privilege, in another Member State in
accordance with the requirements in Section 4.
SECTION
4. COMPACT PRIVILEGE
A.
To be eligible for a Compact Privilege under the terms and provisions
of the compact, the Licensee shall complete a Criminal Background
Check performed by the Licensing Authority in the State of Qualifying
Licensure prior to entry in the compact and shall:
1.
Satisfy one of the following two pathways:
a.
Hold a valid current active certification through the BOC, or its
successor organization; or
b.
If a Licensee does not meet the requirements of 4.A.1.a., the
following must be completed:
i.
An education program which is either:
1.
At least a bachelor's degree with a major course of study in Athletic
Training, or an equivalent course of study from a college or
university accredited at the time of graduation by CAATE, or its
successor organization;
2.
An academic degree from a college or university in a foreign country
equivalent to the degree described in subparagraph 1 of this
subsection with a major course of study as described in subparagraph
1 of this subsection that is accredited by CAATE, or its successor
organization; or
3.
The substantial equivalent of the foregoing which the Commission may
determine by Rule.
ii.
Successful completion of the exam administered by the BOC, or its
successor organization, preceding the date of the Licensee's
application for Licensure in their State of Qualifying Licensure or
the substantial equivalent of the foregoing requirement which the
Commission may determine by Rule.
2.
Hold a Compact Qualifying License;
3.
Have not had any Encumbrance against any license or Compact Privilege
to practice Athletic Training within the previous two (2) years;
4.
Be eligible for a Compact Privilege in any Member State in accordance
with Section 4;
5.
Notify the Compact Commission that the Licensee is seeking the
Compact Privilege within a Remote State(s);
6.
Pay any applicable fees, including any State fee, for the Compact
Privilege;
7.
Meet only the Continuing Competence requirements established by the
State of Qualifying Licensure;
8.
Comply with any requirements of the State of Qualifying Licensure as
set forth in Section 3;
9.
Meet any Jurisprudence Requirements established by the Remote
State(s) in which the Licensee is seeking a Compact Privilege; and
10.
Report to the Compact Commission any Adverse Action, Encumbrance, or
restriction on a license taken by any non-Member State within 30 days
from the date the action is taken.
B.
The Compact Privilege is valid until the expiration date of the
Compact Qualifying License. To maintain a Compact Privilege, renewal
of the Compact Privilege shall be congruent with the renewal of the
Compact Qualifying License as the Compact Commission may define by
Rule. The Licensee must comply with the requirements of this section
to maintain the Compact Privilege in the Remote State. A Licensee may
apply for and hold Compact Privileges in multiple Member States.
C.
A Licensed Athletic Trainer must follow the Scope of Practice of the
Member State where the patient is located. A Licensee engaging in the
practice of Athletic Training in a Remote State under the Compact
Privilege shall adhere to the Scope of Practice laws and regulations
of the Remote State. Licensees shall be responsible for educating
themselves on, and complying with, any and all Scope of Practice laws
and regulations State laws relating to the remote practice of
Athletic Training, as applicable.
D.
A Licensee engaging in the practice of Athletic Training in a Remote
State is subject to that State's regulatory authority. A Remote State
may, in accordance with due process and that State's laws, remove a
Licensee's Compact Privilege in the Remote State for a specific
period of time, impose fines, or take any other necessary actions to
protect the health and safety of its citizens. Any Member State which
undertakes such an action shall promptly notify the Member State and
the Commission as specified in the Rules. The Licensee may be deemed
to be ineligible to exercise the Compact Privilege by any Member
State until the specific time for removal has passed and all fines
are paid.
E.
All Member State disciplinary orders that impose Adverse Action
against a Compact Qualifying License shall result in deactivation of
the Licensee's Compact Privilege in all Member States during the
pendency of the order. If a Compact Qualifying License is Encumbered,
the Licensee shall lose the Compact Privilege in any Remote State
until the following occur:
1.
The Compact Qualifying License is no longer Encumbered; and
2.
The Licensee has not had any Encumbrance or restriction against any
License, Compact Qualifying License or Compact Privilege within the
previous two (2) years.
F.
Once an Encumbered License is restored to good standing as a Compact
Qualifying License (as certified by the Licensing Authority), the
Licensee must meet the requirements of this section to obtain a
Compact Privilege in any Remote State.
G.
If a Licensee's Compact Privilege in any Remote State is removed,
that Licensee may also lose the Compact Privilege in other Remote
States, as each Member State shall determine in its sole authority,
until the following occur:
1.
The specific period of time for which the Compact Privilege was
removed has ended;
2.
All fines have been paid; and
3.
Have not had any Encumbrance or restriction against any License or
Compact Privilege within the previous two (2) years.
H.
Once the requirements of Section 4.G have been met, the Licensee must
meet the requirements in Section 4.A to obtain a Compact Privilege in
a Remote State.
SECTION
5. COMPACT QUALIFYING LICENSE
A.
A Licensee may only designate one License as their Compact Qualifying
License at a time. The procedures for such designation may be further
defined by Compact Commission Rule.
B.
Nothing in this Section shall require that the State of Qualifying
Licensure be the State of primary residence or State of primary
practice for the Licensee.
C.
Nothing in this Compact shall interfere with a Licensee's ability to
hold a Single State License in multiple States.
D.
Nothing in this Compact shall affect the requirements established by
a Member State for the issuance of a Single State License.
SECTION
6. ACTIVE MILITARY MEMBER OR THEIR SPOUSES
An
Active Military Member or their spouse shall not be required to pay a
fee to the Commission for a Compact Privilege. If a Member State
chooses to charge a Member State fee, it may choose to charge a
reduced fee or no fee to an Active Military Member or their spouse
for a Compact Privilege.
SECTION
7. ADVERSE ACTIONS
A.
A Member State in which a Licensee is issued a Compact Qualifying
License shall have the exclusive authority to impose Adverse Action
against the Compact Qualifying License issued by that Member State.
B.
A Member State may take Adverse Action based on Current Significant
Investigative Information of a Remote State, so long as the Member
State follows its own procedures for imposing Adverse Action.
C.
Nothing in this compact shall override a Member State's decision that
participation in an Alternative Program may be used in lieu of
Adverse Action and that such participation shall remain non-public if
required by the Member State's laws or Rules.
D.
A Remote State shall have the authority to:
1.
Take Adverse Actions as set forth herein against a Licensee's Compact
Privilege in that State; and
2.
Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses as well as the production of
evidence.
a.
Subpoenas may be issued by a Member State Athletic Training Licensing
Authority for the attendance and testimony of witnesses and the
production of evidence.
b.
A Member State which issues a subpoena may request service of that
subpoena by another Member State. The Member State receiving the
request to serve a subpoena shall serve the subpoena if it is deemed
enforceable by a court of competent jurisdiction according to the
practice and procedure in the receiving Member State.
c.
The issuing authority shall pay any witness fees, travel expenses,
mileage, and other fees required by the service statutes of the State
where the witnesses or evidence are located.
E.
For purposes of taking Adverse Action, a Member State shall give the
same priority and effect to reported conduct received from another
Member State as it would if the conduct had occurred within that
State. In so doing, the investigating Member State shall apply its
own State laws to determine appropriate action.
F.
A Member State, if otherwise permitted by State law, may recover from
the affected Licensee the costs of investigations and dispositions of
cases resulting from any Adverse Action taken against that Licensee.
H.
Joint Investigations:
1.
In addition to the authority granted to a Member State by its
respective State law, any Member State may participate with other
Member States in joint investigations of Licensees.
2.
Member States shall share any Current Significant Investigative
Information, litigation, or compliance materials in furtherance of
any joint or individual investigation initiated under the compact. In
sharing such information between Member State Athletic Trainer
Licensing Authorities, all information obtained shall be kept
confidential, except as otherwise mutually agreed upon by the sharing
and receiving Member State(s).
3.
A Remote State may issue subpoenas on behalf of a Member State for
both hearings and investigations that require the attendance and
testimony of witnesses as well as the production of evidence.
I.
If a Member State takes Adverse Action, it shall promptly notify the
administrator of the Data System. The administrator of the Data
System shall promptly notify all Member States of any Adverse Actions
by Remote States.
J.
Nothing in this compact may permit a Member State to take any Adverse
Action against a Licensee or holder of a Compact Privilege for
conduct or practice occurring in another Member State that was legal
in the Member State at the time it was undertaken.
SECTION
8. ESTABLISHMENT AND OPERATION OF THE 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 Athletic Trainer Licensure
Compact Commission. The Compact Commission is an instrumentality of
the Member States acting jointly and not an instrumentality of any
one State. The Compact Commission shall come into existence on or
after the effective date of the Compact as set forth in Section 12.
B.
Membership, Voting, and Meetings
1.
Each Member State shall have and be limited to one (1) Commissioner
selected by that Member State's Licensing Authority within 60 days of
the Member State's effective date.
2.
The Commissioner shall be an administrator or their designated staff
or current board member of the Licensing Authority.
3.
The Compact Commission may recommend removal or suspension of any
Commissioner from office.
4.
A Member State's Licensing Authority shall fill any vacancy of its
Commissioner occurring on the Compact Commission within 60 days of
the vacancy.
5.
Each Commissioner shall be entitled to one vote on all matters before
the Compact Commission requiring a vote by the Commissioners.
6.
The Compact Commission shall meet at least once during each calendar
year. Additional meetings may be held as set forth in the Commission
bylaws. A Commissioner shall vote in person or by such other means as
provided in the bylaws. The bylaws may provide for Commissioners to
meet by telecommunication, videoconference, or other means of
communication.
C.
The Compact Commission shall have the following powers:
1.
Promulgate, adopt, and amend Rules and bylaws;
2.
Establish code of conduct, confidentiality, and conflict of interest
policies for Commissioners;
3.
Establish the fiscal year of the Compact Commission;
4.
Maintain its financial records in accordance with the bylaws;
5.
Purchase and maintain insurance and insurance bonds;
6.
Accept, or contract for services of personnel, including, but not
limited to, employees of a Member State;
7.
Conduct a financial review or audit;
8.
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 Compact Commission's
personnel policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel matters;
9.
Enter into contracts or arrangements for the management of the
affairs of the Commission;
10.
Assess and collect fees;
11.
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 Compact Commission shall avoid any appearance
of impropriety or conflict of interest;
12.
Lease, purchase, retain, own, hold, improve, invest, or use any
property, real, personal, or mixed, or any undivided interest
therein;
13.
Sell, convey, mortgage, pledge, lease, exchange, abandon, or
otherwise dispose of any property real, personal, or mixed;
14.
Establish a budget and make expenditures;
15.
Borrow and invest money;
16.
Meet and take such actions as are consistent with the provisions of
this compact, the Compact Commission's Rules, and the bylaws;
17.
Initiate and conclude legal proceedings or actions in the name of the
Compact Commission, provided that the standing of any Licensing
Authority to sue or be sued under applicable law shall not be
affected;
18.
Maintain and certify records and information provided to a Member
State as the authenticated business records of the Compact
Commission, and designate an agent to do so on the Compact
Commission's behalf;
19.
Provide and receive information from, and cooperate with, law
enforcement agencies;
20.
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;
21.
Establish and elect an Executive Committee, including a chair and a
vice chair, secretary, treasurer, and such other offices as the
Commission shall establish by Rule or bylaw;
22.
Appoint committees, including standing committees, composed of Member
State Commissioners, 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; 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
Compact Commission according to the terms of this compact. The
powers, duties, and responsibilities of the Executive Committee shall
include:
a.
Exercise the powers and duties of the Compact Commission during the
interim between Compact Commission meetings, except for adopting or
amending Rules, adopting or amending bylaws, and exercising any other
powers and duties expressly reserved to the Compact Commission by
Rule or bylaw;
b.
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;
c.
Recommend to the Compact 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;
d.
Ensure compact administration services are appropriately provided,
including by contract;
e.
Prepare and recommend the budget;
f.
Maintain financial records on behalf of the Compact Commission;
g.
Monitor compact compliance of Member States and provide compliance
reports to the Compact Commission;
h.
Establish additional committees as necessary; and
i.
Other duties as provided in the Rules or bylaws of the Compact
Commission.
2.
The Executive Committee shall be composed of five voting members,
elected by the Compact Commission:
a.
The chair and vice chair of the Compact Commission, shall be voting
members of the Executive Committee;
b.
The Compact Commission shall elect up to three additional voting
members from the current membership of the Compact Commission to
include the offices of treasurer, secretary, and one member-at-large;
and
c.
Up to four (4) ex-officio, nonvoting members from recognized national
athletic trainer organizations.
3.
The Compact Commission may remove any member of the Executive
Committee as provided in the Compact 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 this section.
b.
The Executive Committee shall give advance notice of its meetings,
posted on its website and as determined by rule or bylaw to provide
notice to persons with an interest in the business of the Compact
Commission.
c.
The Executive Committee may hold a special meeting in accordance with
this section.
E.
The Compact Commission shall adopt and provide to the Member States
an annual report.
F.
Meetings of the Compact Commission:
1.
All meetings shall be open to the public, except that the Compact
Commission may meet in a closed, non-public meeting as provided in
this section.
2.
Public notice for all meetings of the full Compact Commission of
meetings shall be given in the same manner as required under the
rulemaking provisions in this compact, except that the Compact
Commission may hold a special meeting as provided in this section.
3.
The Compact Commission may hold a special meeting when it must meet
to conduct emergency business by giving 24 hours' notice to all
Commissioners, on the Compact Commission's website, and other means
as provided in the Compact Commission's Rules. The Compact
Commission's legal counsel shall certify that the Compact
Commission's need to meet qualifies as an emergency.
4.
The Compact Commission or the Executive Committee or other committees
of the Compact Commission may convene in a closed, non-public meeting
for the Compact Commission or Executive Committee or other committees
of the Compact 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 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 Compact 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 specified in Rules of the Compact Commission.
5.
If a meeting, or portion of a meeting, is closed, the Compact
Commission's legal counsel or designee shall certify that the meeting
will be closed and reference each relevant exempting provision, and
such reference shall be recorded in the minutes. All minutes and
documents of a closed meeting shall remain under seal, subject to
release only by a majority vote of the Compact Commission or order of
a court of competent jurisdiction.
G.
Financing of the Compact Commission:
1.
The Compact Commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization, and ongoing
activities.
2.
The Compact Commission may accept any and all appropriate revenue
sources as provided in this section.
3.
The Compact 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 Compact Privilege to cover the cost of the
operations and activities of the Compact 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 Compact Commission
shall promulgate by Rule.
4.
The Compact Commission shall not incur obligations of any kind prior
to securing the funds or a loan adequate to meet the same; nor shall
the Compact Commission pledge the credit of any of the Member States,
except by and with the authority of the Member State.
5.
The Compact Commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the Compact
Commission shall be subject to the financial review or audit and
accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the Compact Commission
shall be subject to an annual financial review or audit by a
certified or licensed public accountant, and the report of the
financial review or audit shall be included in and become part of the
annual report of the Compact Commission.
H.
Qualified Immunity, Defense, and Indemnification:
1.
The members, officers, executive director, employees and
representatives of the Compact 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 Compact 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 Compact Commission shall not in any way
compromise or limit the immunity granted hereunder.
2.
The Compact Commission shall defend any member, officer, executive
director, employee, and representative of the Compact 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 Compact Commission employment, duties, or responsibilities,
or as determined by the Compact Commission that the person against
whom the claim is made had a reasonable basis for believing occurred
within the scope of Compact 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 Compact Commission shall indemnify and hold harmless any member,
officer, executive director, employee, and representative of the
Compact 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 Compact
Commission employment, duties, or responsibilities, or that such
person had a reasonable basis for believing occurred within the scope
of Compact 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 Compact Commission.
SECTION
9. DATA SYSTEM
A.
The Commission shall provide for the development, maintenance,
operation, and utilization of a coordinated Data System and reporting
system containing licensure, Compact Privileges, Adverse Action, and
the presence of Current Significant Investigative Information on all
Licensees and applicants for a License in Member States.
B.
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 Licensees, applicants, and others to whom this compact is
applicable as required by the Rules of the Compact Commission,
including:
1.
Personally identifying information;
2.
Licensure data;
3.
Adverse Actions against a Licensee, License applicant or Compact
Privilege 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 an application for licensure, and the reason(s) for
such denial, (excluding the reporting of any criminal history record
information where prohibited by law);
6.
A binary determination regarding the presence of Current Significant
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.
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.
D.
Current Significant Investigative Information pertaining to a
Licensee in any Member State will only be available to other Member
States.
E.
It is the responsibility of the Member States to monitor the Data
System to determine whether Adverse Action has been taken against 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.
F.
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.
G.
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.
SECTION
10. RULEMAKING
A.
The Compact 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 Compact 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 Compact Commission shall have the force of law in
each Member State, provided however that where the Rules conflict
with the laws or regulations of a Member State that relate to the
Scope of Practice a Licensed Athletic Trainer is permitted to
undertake in that State and the circumstances under which they may do
so, as held by a court of competent jurisdiction, the Rules of the
Compact Commission shall be ineffective in that State to the extent
of the conflict.
C.
The Compact Commission shall exercise its rulemaking powers pursuant
to the criteria set forth in this section and the Rules adopted
thereunder. Rules of this compact shall become binding on the day
following adoption or as of the date specified in the Rule or
amendment, whichever is later.
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.
E.
Rules shall be adopted at a regular or special meeting of the Compact
Commission.
F.
Prior to adoption of a proposed Rule, the Compact Commission shall
hold a public hearing and allow persons to provide oral and written
comments, data, facts, opinions, and arguments. At least thirty (30)
days in advance of the public hearing on the proposed Rule, the
Compact Commission shall provide a notice of proposed rulemaking:
1.
On the website of the Compact Commission or other publicly accessible
platform;
2.
To persons who have requested notice of the Compact Commission's
notices of proposed rulemaking; and
3.
In such other way(s) as the Compact Commission may by Rule specify.
G.
The notice of proposed rulemaking shall include:
1.
The time, date, and location of the public hearing at which the
Compact Commission will hear public comments on the proposed Rule
and, if different, the time, date, and location of the meeting where
the Compact Commission will consider and vote on the proposed Rule;
2.
If the hearing is held via telecommunication, video conference, or
other electronic means, the Compact 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.
H.
All hearings will be recorded. A copy of the recording and all
written comments and documents received by the Compact Commission in
response to the proposed Rule shall be available to the public.
I.
Nothing in this section shall be construed as requiring a separate
hearing on each Rule. Rules may be grouped for the convenience of the
Compact Commission at hearings required by this section.
J.
The Compact Commission shall, by majority vote of all members, take
final action on the proposed Rule based on the rulemaking record and
the full text of the Rule.
1.
The Compact Commission may adopt changes to the proposed Rule
provided the changes do not enlarge the original purpose of the
proposed Rule.
2.
The Compact 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 Compact Commission shall determine a reasonable effective date
for the Rule. Except for an emergency as provided in this section,
the effective date of the Rule shall be no sooner than 30 days after
issuing the notice that it adopted or amended the Rule.
K.
Upon determination that an emergency exists, the Compact Commission
may consider and adopt an emergency Rule with 24 hours' notice, with
opportunity to comment, provided that the usual rulemaking procedures
provided in the compact and in this section 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 in order to:
1.
Meet an imminent threat to public health, safety, or welfare;
2.
Prevent a loss of Compact 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.
L.
The Compact Commission or an authorized committee of the Compact
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 Compact 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 Compact
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 Compact Commission.
M.
No Member State's rulemaking requirements shall apply under this
Compact.
SECTION
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.
Except as otherwise provided in this compact, venue is proper and
judicial proceedings by or against the Compact Commission shall be
brought solely and exclusively in a court of competent jurisdiction
where the principal office of the Compact Commission is located. The
Compact 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 Compact 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 Compact
Commission service of process shall render a judgment or order void
as to the Compact Commission, this Compact, or promulgated Rules.
B.
Default, Technical Assistance, and Termination:
1.
If the Compact 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 Compact Commission may take, and shall
offer training and specific technical assistance regarding the
default.
2.
The Compact 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 Commissioners 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 Compact
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 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 within that
State of such termination. The terminated State shall continue to
recognize all Licenses and Compact Privileges granted pursuant to
this compact for a minimum of 180 days after the date of said notice
of termination.
G.
The Compact 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 Compact Commission
and the defaulting State.
H.
The defaulting State may appeal the action of the Compact Commission
by petitioning the U.S. District Court for the District of Columbia
or the federal district where the Compact 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 Compact Commission shall attempt
to resolve disputes related to the compact that arise among Member
States and between Member and non-Member States.
2.
The Compact Commission shall promulgate a Rule providing for both
mediation and binding dispute resolution for disputes as appropriate.
J.
Enforcement:
1.
By two-thirds majority (2/3) vote, the Compact 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 Compact 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 Compact Commission. The Compact
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 Compact
Commission in the U.S. District Court for the District of Columbia or
the federal district where the Compact 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 Compact Commission.
SECTION
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 Compact Commission
shall convene and review the enactment of each of the first seven
Member States ("Charter Member States") to determine if the
statute enacted and made effective 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 Language shall be entitled to the
default process set forth in Section 11.
b.
If any Member State is later found to be in default, or is terminated
or withdraws from the Compact, the Compact 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 seven initial
Charter Member States shall be subject to the process set forth in
this section 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 Compact Commission or in
furtherance of the purposes of the administration of the compact
prior to the effective date of the compact or the Compact Commission
coming into existence shall be considered to be actions of the
Compact Commission unless specifically repudiated by the Compact
Commission.
4.
Any State that joins the compact subsequent to the Compact
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 Compact 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.
1.
A Member State's withdrawal shall not take effect until 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 and privilege holders within that State. Notwithstanding
any subsequent statutory enactment to the contrary, such withdrawing
State shall continue to recognize all Compact Privileges granted
pursuant to this compact for a minimum of 180 days after the date of
such notice of withdrawal.
4.
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.
5.
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
13. CONSTRUCTION AND SEVERABILITY
A.
This compact and the Compact 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 Compact 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 the foregoing, the Compact Commission may deny a
State's participation in the compact or 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
14. 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 Compact Commission and the
Member States are binding in accordance with their terms.
Sec.
4755.721.
Not
later than sixty days after the athletic trainer compact is entered
into under section 4755.72 of the Revised Code, the athletic trainers
section of the Ohio occupational therapy, physical therapy, and
athletic trainers board shall select an individual to serve as a
commissioner to the athletic trainer compact commission created under
the compact. The athletic trainers section shall fill a vacancy in
this position not later than sixty days after the vacancy occurs.