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ENGROSSED SENATE
BILL NO. 1813 By: Stanley of the Senate
and
Ford of the House
An Act relating to professions and occupations;
enacting the Athletic Trainer Compact and authorizing
the Governor to enter into the Compact with certain
jurisdictions; setting forth form of the Compact;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 535.1 of Title 59, unless there
is created a duplication in numbering, reads as follows:
The Athletic Trainer Compact is hereby enacted into law and the
Governor shall enter into the Compact on behalf of the State of
Oklahoma with any jurisdiction legally joined therein, in the form
substantially as set forth in this act.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 535.2 of Title 59, unless there
is created a duplication in numbering, reads as follows:
ATHLETIC TRAINER COMPACT
SECTION 1: TITLE AND PURPOSE
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This section shall be known and may be 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.
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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.
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
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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.
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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
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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., Section 20.3(d)
from the Federal Bureau of Investigation and the State’s criminal
history record repository as defined in 28 C.F.R., Section 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.
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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” means 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.
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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
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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 of this Compact 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
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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.
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; and
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.
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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 of this
Compact.
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
Board of Certification, or its successor organization,
or
b. if a Licensee does not meet the requirements of
subparagraph a of this paragraph, the following must
be completed:
(1) an education program which is either:
(a) 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,
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(b) an academic degree from a college or
university in a foreign country equivalent
to the degree described in subdivision a of
this division with a major course of study
as described in subdivision a of this
division that is accredited by CAATE, or its
successor organization, or
(c) the substantial equivalent of the foregoing
which the Commission may determine by Rule,
and
(2) 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 this section of the Compact;
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5. Notify the Compact Commission that the Licensee is seeking
the Compact Privilege within one or more Remote States;
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 of this Compact;
9. Meet any Jurisprudence Requirements established by the
Remote State or States 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 thirty (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
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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 and 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
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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. The licensee has not had any Encumbrance or restriction
against any License or Compact Privilege within the previous two (2)
years.
H. Once the requirements of subsection G of this section have
been met, the Licensee must meet the requirements in subsection A of
this section 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.
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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 MEMBERS 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.
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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
nonpublic 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.
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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.
G. 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 States.
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.
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H. 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.
I. 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 of this Compact.
B. Membership, Voting, and Meetings.
1. Each Member State shall have and be limited to one
Commissioner selected by that Member State’s Licensing Authority
within sixty (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.
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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 sixty
(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;
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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;
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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
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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,
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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,
who shall be voting members of the Executive
Committee, and
b. up to three additional voting members, who shall be
elected by the Compact Commission from the current
membership of the Compact Commission to include the
offices of treasurer, secretary, and one member-at-
large, and
up to four 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
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in a closed, nonpublic 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, nonpublic 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 twenty-four (24)
hours’ notice to all Commissioners, on the Compact Commission’s
website, and other means as provided in the Compact Commission’s
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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,
nonpublic meeting for the Compact Commission or Executive Committee
or other committees of the Compact Commission to receive legal
advice or to discuss:
a. noncompliance 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,
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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.
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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
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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
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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.
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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 Antitrust Act of 1890, Clayton Antitrust Act of 1914, 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;
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3. Adverse Actions against a Licensee, License applicant, or
Compact Privilege and information related thereto;
4. Nonconfidential 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 any reasons
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.
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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
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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:
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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 ways 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
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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
thirty (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 twenty-four
(24) hours’ notice, with opportunity to comment, provided that the
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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
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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
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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
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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
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 and Compact
Privileges granted pursuant to this Compact for a minimum of one
hundred eighty (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 United States District Court for the
District of Columbia or the federal district where the Compact
Commission has its principal offices. The prevailing party shall be
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awarded all costs of such litigation, including reasonable attorney
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 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 United States District Court for the District of
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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 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 of this Compact.
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
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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 one
hundred eighty (180) days after enactment of the repealing statute.
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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 one
hundred eighty (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.
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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 LAWS
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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.
SECTION 3. This act shall become effective November 1, 2026.
Passed the Senate the 25th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2026.
Presiding Officer of the House
of Representatives