Read the full stored bill text
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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1969 By: Stanley
AS INTRODUCED
An Act relating to massage therapy; establishing
certain purposes; ratifying certain objectives and
intentions; defining terms; establishing certain
eligibility to join certain Compact; allowing certain
individuals to continue to apply for certain license;
construing provisions; requiring recognition of
certain licenses in certain states; establishing
certain qualifications for certain licenses;
establishing certain effective period; subjecting
certain licensee to certain laws and jurisdictions;
requiring certain cooperation with the Interstate
Massage Compact Commission; establishing certain
exclusive powers; allowing certain adverse action to
be taken on certain licenses; allowing certain
investigations; providing certain authority to
certain remote state; providing for certain
deactivation if certain adverse action is taken;
applying certain adverse actions to all
authorizations to practice; providing for certain
suspension of certain licenses in certain situations;
requiring sharing of certain materials; requiring
certain active military members to designate certain
home state; requiring certain educational
requirements for certain active miliary members;
creating the Interstate Massage Compact Commission;
providing an effective date of certain Compact;
limiting certain states to have certain number of
delegates; providing the Commission with certain
authority; requiring the Commission to meet certain
number of times; providing the Commission with
certain powers; establishing Executive Committee;
providing Executive Committee with certain authority;
establishing composition of Executive Committee;
allowing removal of certain members in certain
situations; establishing certain requirements for
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Executive Committee meetings; allowing Executive
Committee to hold certain emergency meetings;
requiring certain information to be included in
certain annual report; requiring certain notice of
certain public meetings; allowing certain emergency
public meeting to be convened; requiring certain
notice of emergency public meeting; requiring certain
legal counsel to certify certain emergency public
meeting; allowing for the Commission to convene in
certain closed, nonpublic meeting; requiring certain
closed, nonpublic meeting to meet certain
requirements; requiring the Commission to keep
certain minutes; requiring the Commission to pay for
certain expenses; prohibiting the Commission from
incurring certain obligations without certain funds;
requiring the Commission to keep certain accounts;
establishing certain immunity in certain situations;
requiring the Commission to defend certain
individuals in certain situations; requiring the
Commission to provide for certain coordinated
database and reporting system; requiring the
Commission to assign certain licensee certain
identifier; requiring certain state to submit certain
data; establishing certain authenticated business
records; establishing certain responsibilities of
certain states; prohibiting certain data from being
shared without certain permission; providing for
certain removal of certain data; authorizing
promulgation of certain rules and regulations;
establishing certain rulemaking powers; requiring
certain hearing to be held for certain rule adoption;
requiring certain notice of certain hearings for
rulemaking; requiring certain hearings to be
recorded; requiring certain information to be
available to the public; allowing the Commission to
take final action on certain rules; allowing certain
consideration and adoption of certain emergency
rules; allowing revision of certain rules;
prohibiting certain rulemaking requirements from
applying in certain situations; establishing certain
enforcement of certain Compact; requiring certain
written notice to be provided to certain state;
allowing for certain termination of certain state
from Compact; providing certain responsibilities for
certain terminated state; prohibiting the Commission
from bearing certain costs; allowing for certain
state to appeal certain actions of the Commission;
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requiring the Commission to attempt certain
resolution; requiring enforcement of certain
provisions; allowing initiation of certain legal
action; allowing certain initiation of certain legal
action; prohibiting certain enforcement of Compact;
establishing certain Compact effective date;
requiring the Commission to convene and review
certain charter member state statutes; allowing for
certain withdrawal of certain member state; requiring
certain withdrawing state to recognize certain
licenses; allowing for certain amendment of Compact
by member states; providing for certain rulemaking
authority by the Commission; allowing the Commission
to deny certain state participation; 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 4300 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The purpose of this Compact shall be to reduce the burdens
on state governments and to facilitate the interstate practice and
regulation of massage therapy with the goal of improving public
access to and the safety of massage therapy services. Through this
Compact, the member states seek to establish a regulatory framework
which provides for a new multistate licensing program. Through this
additional licensing pathway, the member states seek to provide
increased value and mobility to licensed massage therapists in the
member states, while ensuring the provision of safe, competent, and
reliable services to the public.
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B. This Compact is designed to achieve the following
objectives, and the member states hereby ratify the same intentions
by subscribing to:
1. Increase public access to massage therapy services by
providing for a multistate licensing pathway;
2. Enhance the member states’ ability to protect the public’s
health and safety;
3. Enhance the member states’ ability to prevent human
trafficking and licensure fraud;
4. Encourage the cooperation of member states in regulating the
multistate practice of massage therapy;
5. Support relocating military members and their spouses;
6. Facilitate and enhance the exchange of licensure,
investigative, and disciplinary information between the member
states;
7. Create an Interstate Commission that shall exist to
implement and administer the Compact;
8. Allow a member state to hold a licensee accountable, even
when that licensee holds a multistate license;
9. Create a streamlined pathway for licensees to practice in
member states, increasing the mobility of duly licensed massage
therapists; and
10. Serve the needs of licensed massage therapists and the
public receiving their services.
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C. Nothing in this Compact shall be intended to prevent a state
from enforcing its own laws regarding the practice of massage
therapy.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4301 of Title 59, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “Active military member” means any person with full-time
duty status in the Armed Forces of the United States, including
members of the National Guard and Reserve;
2. “Adverse action” means any administrative, civil, equitable,
or criminal action permitted by a member state’s laws which is
imposed by a licensing authority or other regulatory body against a
licensee including, but not limited to, actions against an
individual’s authorization to practice such as revocation,
suspension, probation, surrender in lieu of discipline, monitoring
of the licensee, limitation of the licensee’s practice, or any other
encumbrance on licensure affecting an individual’s ability to
practice massage therapy, including the issuance of a cease and
desist order;
3. “Alternative program” means a non-disciplinary monitoring or
prosecutorial diversion program approved by a member state’s
licensing authority;
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4. “Authorization to practice” means a legal authorization by a
remote state pursuant to a multistate license permitting the
practice of massage therapy in that remote state, which shall be
subject to the enforcement jurisdiction of the licensing authority
in that remote state;
5. “Background check” means the submission of an applicant’s
criminal history record information, as further defined in 28
C.F.R., Section 20.3(d), as amended, to the Federal Bureau of
Investigation and the agency responsible for retaining state
criminal records in the applicant’s home state;
6. “Charter member states” means member states who have enacted
legislation to adopt this Compact where such legislation predates
the effective date of this Compact pursuant to Section 12 of this
act;
7. “Commission” means the government agency whose membership
consists of all states that have enacted this Compact and operates
as an instrumentality of the member states, known as the Interstate
Massage Compact Commission;
8. “Continuing competence” means a requirement, as a condition
of license renewal, to provide evidence of participation in, and
completion of, educational or professional activities that maintain,
improve, or enhance massage therapy fitness to practice;
9. “Current significant investigative information” means
investigative information that a licensing authority, after an
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inquiry or investigation that complies with a member state’s due
process requirements, has reason to believe is not groundless and,
if proved true, would indicate a violation of the state’s laws
regarding the practice of massage therapy;
10. “Data system” means a repository of information about
licensees who hold multistate licenses including, but not limited
to, license status, investigative information, and adverse actions;
11. “Disqualifying event” means any event which shall
disqualify an individual from holding a multistate license under
this Compact, which the Commission may specify by rule;
12. “Encumbrance” means a revocation or suspension of, or any
limitation or condition on, the full and unrestricted practice of
massage therapy by a licensing authority;
13. “Executive committee” means a group of delegates elected or
appointed to act on behalf of and within the powers granted to it by
the Commission;
14. “Home state” means the member state which is the licensee’s
primary state of residence where the licensee holds an active
single-state license;
15. “Investigative information” means information, records, or
documents received or generated by a licensing authority pursuant to
an investigation or other inquiry;
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16. “Licensing authority” means a state’s regulatory body
responsible for issuing massage therapy licenses or otherwise
overseeing the practice of massage therapy in that state;
17. “Licensee” means an individual who currently holds a
license from a member state to fully practice massage therapy, whose
license is not a student, provisional, temporary, inactive, or other
similar license status;
18. “Massage therapy”, “massage therapy services”, and
“practice of massage therapy” mean the care and services provided by
a licensee as set forth in a member state’s statutes and regulations
in the state where the services are being provided;
19. “Member state” means any state that has adopted this
Compact;
20. “Multistate license” means a license that consists of
authorizations to practice massage therapy in all remote states
pursuant to this Compact, which shall be subject to the enforcement
jurisdiction of the licensing authority in a licensee’s home state;
21. “Remote state” means any member state other than the
licensee’s home state;
22. “Rule” means any opinion or regulation promulgated by the
Commission under this Compact, which shall have the force of law;
23. “Single-state license” means a current, valid authorization
issued by a member state’s licensing authority allowing an
individual to fully practice massage therapy that is not a
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restricted, student, provisional, temporary, or inactive practice
authorization and authorizes practice only within the issuing state;
and
24. “State” means a state, territory, possession of the United
States, or the District of Columbia.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4302 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. To be eligible to join this Compact, and to maintain
eligibility as a member state, a state shall:
1. License and regulate the practice of massage therapy;
2. Have a mechanism or entity in place to receive and
investigate complaints from the public, regulatory or law
enforcement agencies, or the Commission about licensees practicing
in that state;
3. Accept passage of a psychometrically valid national
examination as a criterion for massage therapy licensure in that
state. For purposes of this Compact, such examination shall not
include a state-administered examination but shall be inclusive of:
a. the Massage and Bodywork Licensure Examination,
b. National Certification Board for Therapeutic Massage
and Bodywork licensure examination prior to January 1,
2015, and
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c. the substantial equivalent of subparagraph a and b of
this paragraph, which the Interstate Massage Compact
Commission may approve by rule;
4. Require that licensees satisfy educational requirements
prior to being licensed to provide massage therapy services to the
public in that state;
5. Implement procedures for requiring the background check of
applicants for a multistate license and for the reporting of any
disqualifying events including, but not limited to, obtaining and
submitting, for each licensee holding a multistate license and each
applicant for a multistate license, fingerprint or other biometric-
based information to the Federal Bureau of Investigation for
background checks; and receiving the results of the background
checks and considering the results of such a background check in
making licensure decisions;
6. Have continuing competence requirements as a condition for
license renewal;
7. Participate in the data system, including through the use of
unique identifying numbers pursuant to subsection B of Section 9 of
this act;
8. Notify the Commission and other member states, in compliance
with the terms of the Compact and rules of the Commission, of any
disciplinary action taken by the state against a licensee practicing
under a multistate license in that state or of the existence of
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investigative information or current significant investigative
information regarding a licensee practicing in that state pursuant
to a multistate license;
9. Comply with the rules of the Commission; and
10. Accept licensees with valid multistate licenses from other
member states.
B. Individuals not residing in a member state shall continue to
be able to apply for a member state’s single-state license as
provided under the laws of each member state. However, the single-
state license granted to those individuals shall not be recognized
as granting a multistate license for massage therapy in any other
member state.
C. Nothing in this Compact shall affect the requirements
established by a member state for the issuance of a single-state
license.
D. A multistate license issued to a licensee shall be
recognized by each remote state as an authorization to practice
massage therapy in each remote state.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4303 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. To qualify for a multistate license under this Compact and
to maintain eligibility for such license, an applicant shall:
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1. Hold an active single-state license to practice massage
therapy in the applicant’s home state;
2. Satisfy one of the following:
a. completion of at least six hundred twenty-five (625)
hours of massage therapy education,
b. graduation from an educational program that meets the
minimum qualifications for licensure in the home state
and two (2) years of continuous licensure with a
single-state license in good standing in the home
state except as provided in Section 7 of this act, or
c. satisfaction of the substantial equivalent of
subparagraph a or b of this paragraph;
3. Successfully pass a psychometrically valid national
examination. For purposes of this Compact, such examination shall
not include a state-administered examination but shall be inclusive
of:
a. the Massage and Bodywork Licensure Examination,
b. National Certification Board for Therapeutic Massage
and Bodywork licensure examination prior to January 1,
2015, and
c. the substantial equivalent of subparagraph a and b of
this paragraph, which the Commission may approve by
rule;
4. Submit to a background check;
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5. Have not been convicted or found guilty, or have entered
into an agreed disposition, of:
a. a felony offense under applicable state or federal
criminal law, within five (5) years prior to the date
of his or her application. Such time period shall not
include any time served for the offense, provided that
the applicant has completed any and all requirements
imposed as a result of any such offense,
b. a misdemeanor offense related to the practice of
massage therapy under applicable state or federal
criminal law, within two (2) years prior to the date
of his or her application. Such time period shall not
include any time served for the offense, and provided
that the applicant has completed any and all
requirements arising as a result of any such offense,
or
c. any offense, whether a misdemeanor or a felony, under
state or federal law, at any time, relating to any of
the following:
(1) kidnapping,
(2) human trafficking,
(3) human smuggling,
(4) sexual battery, sexual assault, or any related
offenses, or
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(5) any other category of offense, which the
Commission may designate by rule;
6. Have not previously held a massage therapy license which was
revoked by, or surrendered in lieu of discipline to an applicable
licensing authority;
7. Have no history of any adverse action on any occupational or
professional license within two (2) years prior to the date of his
or her application; and
8. Pay all required fees.
B. A multistate license granted pursuant to this Compact may be
effective for a definite period of time concurrent with the renewal
of the home state license.
C. A licensee practicing in a member state shall be subject to
all scope of practice laws governing massage therapy services in
that state.
D. The practice of massage therapy under a multistate license
granted pursuant to this Compact shall subject the licensee to the
jurisdiction of the licensing authority, the courts, and the laws of
the member state in which the massage therapy services are provided.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4304 of Title 59, unless there
is created a duplication in numbering, reads as follows:
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A. Nothing in this Compact or any rule of the Interstate
Massage Compact Commission shall be construed to limit, restrict, or
in any way reduce the ability of a:
1. Member state to enact and enforce laws, regulations, or
other rules related to the practice of massage therapy in that
state, where those laws, regulations, or other rules are not
inconsistent with the provisions of this Compact;
2. Member state to take adverse action against a licensee’s
single-state license to practice massage therapy in that state;
3. Remote state to take adverse action against a licensee’s
authorization to practice in that state; or
4. Licensee’s home state to take adverse action against a
licensee’s multistate license based upon information provided by a
remote state.
B. A member state’s licensing authority shall cooperate with
the Commission and with each entity exercising independent
regulatory authority over the practice of massage therapy according
to the provisions of this Compact.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4305 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. A licensee’s home state shall have exclusive power to impose
an adverse action against a licensee’s multistate license issued by
the home state.
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B. A home state may take adverse action on a multistate license
based on the investigative information, current significant
investigative information, or adverse action of a remote state.
C. A home state shall retain authority to complete any pending
investigations of a licensee practicing under a multistate license
who changes his or her home state during the course of such
investigation. The licensing authority shall be empowered to report
the results of such investigation to the Commission through the data
system pursuant to Section 9 of this act.
D. Any member state may investigate actual or alleged
violations of the scope of practice laws in any other member state
for a massage therapist who holds a multistate license.
E. A remote state shall have the authority to:
1. Take adverse actions against a licensee’s authorization to
practice;
2. Issue cease and desist orders or impose an encumbrance on a
licensee’s authorization to practice in that state;
3. Issue subpoenas for both hearings and investigations that
require the attendance and testimony of witnesses, as well as the
production of evidence. Subpoenas issued by a licensing authority
in a member state for the attendance and testimony of witnesses or
the production of evidence from another member state shall be
enforced in the latter state by any court of competent jurisdiction,
according to the practice and procedure of such court applicable to
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subpoenas issued in proceedings before it. The issuing licensing
authority shall pay any witness fees, travel expenses, milage, and
other fees required by the service statutes in the state in which
the witnesses or other evidence is located;
4. If otherwise permitted by state law, recover from the
affected licensee the costs of investigations and disposition of
cases resulting from any adverse action taken against the licensee;
and
5. Take adverse action against the licensee’s authorization to
practice in that state based on the factual findings of another
member state.
F. If an adverse action is taken by the home state against a
licensee’s multistate license or single-state license to practice in
the home state, the licensee’s authorization to practice in all
other member states shall be deactivated until all encumbrances have
been removed from such license. All home state disciplinary orders
that impose an adverse action against a licensee shall include a
statement that the massage therapist’s authorization to practice is
deactivated in all member states during the pendency of the order.
G. If adverse action is taken by a remote state against a
licensee’s authorization to practice, that adverse action shall
apply to all authorizations to practice in all remote states. A
licensee whose authorization to practice in a remote state is
removed for a specified period of time shall not be eligible to
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apply for a new multistate license in any other state until the
specified time for removal of the authorization to practice has
passed and all encumbrance requirements are satisfied.
H. Nothing in this Compact shall override a member state’s
authority to accept a licensee’s participation in an alternative
program in lieu of adverse action. A licensee’s multistate license
shall be suspended for the duration of the licensee’s participation
in any alternative program.
I. In addition to the authority granted to a member state by
its respective scope of practice laws or other applicable state
laws, a member state may participate with other member states in
joint investigations of licensees. Member states shall share any
investigative, litigation, or compliance materials in furtherance of
any joint or individual investigation initiated under the Compact.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4306 of Title 59, unless there
is created a duplication in numbering, reads as follows:
Active military members or their spouses shall designate a home
state where the individual has a current license to practice massage
therapy in good standing. The individual may retain his or her home
state designation during any period of service when that individual
or his or her spouse is on active-duty assignment. Active military
members or their spouses shall satisfy the provisions of paragraph 2
of subsection A of Section 4 of this act by successful graduation
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from an educational program that meets the minimum qualifications
for licensure in the designated home state.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4307 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The compact member states hereby create and establish a
joint government agency, known as the Interstate Massage Compact
Commission, whose membership consists of all member states that have
enacted the Compact. The membership shall be an instrumentality of
the compact states acting jointly and not as an instrumentality of
any one state. The Commission shall come into existence on or after
the effective date of the compact pursuant to Section 12 of this
act.
B. 1. Each member state shall have and be limited to one
delegate selected by that member state’s state licensing authority.
The delegate shall be a member of the state licensing authority or
the primary administrative officer of the state licensing authority
or his or her designee.
2. The Commission shall establish, by rule or bylaw, a term of
office for delegates and may, by rule or bylaw, establish term
limits.
3. The Commission may recommend removal or suspension of any
delegate from office.
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4. A member state’s state licensing authority shall fill any
vacancy of its delegate occurring in the Commission within sixty
(60) days of the vacancy.
5. Each delegate shall be entitled to one vote on all matters
that are voted on by the Commission.
6. The Commission shall meet at least once during each calendar
year. Additional meetings may be held as set forth in the bylaws.
The Commission may meet by telecommunication, video conference, or
other similar electronic means.
C. The Commission shall have the powers to:
1. Establish the fiscal year of the Commission;
2. Establish code of conduct and conflict of interest policies;
3. Adopt rules and bylaws;
4. Maintain its financial records in accordance with the
bylaws;
5. Meet and take such actions as are consistent with the
provisions of this Compact, the Commission’s rules, and the bylaws;
6. Initiate and conclude legal proceedings or actions in the
name of the Commission, provided that the standing of any state
licensing authority to sue or be sued under applicable law shall not
be affected;
7. Maintain and certify records and information provided to a
member state as the authenticated business records of the
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Commission, and designate an agent to do so on the Commission’s
behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel
including, but not limited to, employees of a member state;
10. Conduct an annual financial review;
11. Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of the Compact, and establish
the Commission’s personnel policies and programs relating to
conflicts of interest, qualifications of personnel, and other
related personnel matters;
12. Assess and collect fees;
13. Provided that the Commission shall avoid any appearance of
impropriety or conflict of interest, accept, receive, utilize, and
dispose of any and all appropriate gifts, donations, grants of
money, other sources of revenue, equipment, supplies, materials, and
services;
14. Lease, purchase, retain, own, hold, improve, or use any
real, personal, or mixed property, or any undivided interest;
15. Sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any real, personal, or mixed property;
16. Establish a budget and make expenditures;
17. Borrow money;
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18. Appoint committees, including standing committees, composed
of members, state regulators, state legislators or his or her
representatives, and consumer representatives, and such other
interested persons as may be designated in this Compact and the
bylaws;
19. Elect up to two ex officio, nonvoting members of the
Commission as specified in the Commission’s bylaws;
20. Accept and transmit complaints from the public, regulatory
or law enforcement agencies, or the Commission, to the relevant
member states regarding potential misconduct of licensees;
21. Elect a chair, vice chair, secretary, treasurer, and other
such officers of the Commission as provided in the Commission’s
bylaws;
22. Establish and elect an Executive Committee, including a
chair and vice chair;
23. Adopt and provide to the member states an annual report;
24. Determine whether a state’s adopted language is materially
different from the model Compact language such that the state would
not qualify for participation in the Compact; and
25. Perform other functions necessary or appropriate to achieve
the purposes of this Compact.
D. 1. The Executive Committee shall have the power to act on
behalf of the Commission according to the terms of this Compact.
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The powers, duties, and responsibilities of the Executive Committee
shall include:
a. overseeing the day-to-day activities of the
administration of the Compact including compliance
with the provisions of the Compact, the Commission’s
rules and bylaws, and other such duties as deemed
necessary,
b. recommending to the Commission changes to the rules or
bylaws, changes to this Compact legislation, fees
charged to Compact member states, fees charged to
licensees, and other fees,
c. ensuring Compact administration services are
appropriately provided, included by contract,
d. preparing and recommending the budget,
e. maintaining financial records on behalf of the
Commission,
f. monitoring Compact compliance of member states and
providing compliance reports to the Commission,
g. establishing additional committees as necessary,
h. exercising the powers and duties of the Commission
during the interim between Commission meetings, except
for adopting or amending the rules or bylaws, or
exercising any other powers and duties expressly
reserved to the Commission by rule or bylaw, and
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i. other duties as provided in the rules or bylaws of the
Commission.
2. The Executive Committee shall be composed of seven (7)
voting members as follows:
a. the chair and vice chair of the Commission and any
other members of the Commission who serve on the
Executive Committee shall be voting members of the
Executive Committee, and
b. other than the chair, vice chair, secretary, and
treasurer, the Commission shall elect three voting
members from the current membership of the Commission.
3. The Commission may remove any member of the Executive
Committee as provided in the Commission’s bylaws.
4. The Executive Committee shall:
a. meet at least annually,
b. have meetings open to the public except when
conducting meetings pursuant to paragraph 3 of
subsection F of this section, and
c. give five (5) business days’ advance notice of its
public meetings, posted on its website, and, as
determined, provide notice to persons with an interest
in the public matters the Executive Committee intends
to address at those meetings.
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5. The Executive Committee may hold an emergency meeting when
acting for the Commission to:
a. meet an imminent threat to public health, safety, or
welfare,
b. prevent a loss of Commission or participating state
funds, or
c. protect public health and safety.
E. The Commission shall adopt and provide the member states an
annual report.
F. 1. All meetings of the Commission that are not closed
pursuant to paragraph 3 of this subsection shall be open to the
public. Notice of public meetings shall be posted on the
Commission’s website at least thirty (30) days prior to the public
meeting. Notice of all Commission meetings shall provide the time,
date, and location of the meetings, and if the meeting is to be held
or accessible via telecommunication, video conference, or other
electronic means, the notice shall include the mechanism for access
to the meeting.
2. The Commission may convene an emergency public meeting by
providing at least twenty-four (24) hours’ prior notice on the
Commission’s website, and any other means as provided in the
Commission’s rules, for any of the reasons it may dispense with
notice of proposed rulemaking pursuant to Section 10 of this act.
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The Commission’s legal counsel shall certify that one of the reasons
justifying an emergency public meeting has been met.
3. The Commission may convene in a closed, non-public meeting
for the Commission to discuss the following matters:
a. non-compliance of a member state with its obligations
under the Compact,
b. the employment, compensation, discipline, or other
matters, practices, or procedures related to specific
employees, or other matters related to the
Commission’s internal personnel practices and
procedures,
c. current or threatened discipline of a licensee by the
Commission or by a member state’s licensing authority,
d. current, threatened, or reasonably anticipated
litigation,
e. negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate,
f. accusing any person of a crime or formally censuring
any person,
g. trade secrets or commercial or financial information
that is privileged or confidential,
h. information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of
personal privacy,
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i. investigative records compiled for law enforcement
purposes,
j. information related to any investigative reports
prepared by or on behalf of or for use of the
Commission or any other committee charged with
responsibility of investigation or determination of
compliance issues pursuant to the Compact,
k. legal advice,
l. matters specifically exempted from disclosure to the
public by federal or member state law, or
m. other matters as promulgated by the Commission by
rule.
4. The Commission shall keep minutes that fully and clearly
describe all matters discussed in a meeting and shall provide a full
and accurate summary of actions taken, reasons for such actions, and
a description of all views expressed. If a meeting, or portion of a
meeting, is closed, the presiding officer shall state that the
meeting will be closed and reference each relevant exempting
provision, and such references 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 Commission
or order of a court of competent jurisdiction.
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G. 1. The Commission shall pay, or provide for the payment of,
the reasonable expenses of its establishment, organization, and
ongoing activities.
2. The Commission may accept any and all appropriate sources of
revenue, donations, and grants of money, equipment, supplies,
materials, and services.
3. The Commission may levy on and collect an annual assessment
from each member state and impose fees on licensees of member states
to whom it grants a multistate license to cover the cost of
operations and activities of the Commission and its staff, which
shall be a total amount sufficient to cover its annual budget as
approved each year for which revenue is not provided by other
sources. The aggregate annual assessment amount for member states
shall be allocated based upon a formula that the Commission shall
promulgate by rule.
4. The Commission shall not incur obligations of any kind prior
to securing the funds adequate to meet the obligations. The
Commission shall not pledge the credit of any member states, except
by and with the authority of the member state.
5. The Commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the Commission
shall be subject to the financial review and accounting procedures
established under its bylaws and annual financial review by a
certified or licensed public accountant. The report of the
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financial review shall be included in and become part of the annual
report of the Commission.
H. 1. Each member, officer, executive director, employees, and
representative of the Commission shall be immune from suit and
liability, both personally and in his or her official capacity, for
any claim for damage to or loss of property or personal injury or
other civil liability caused by or arising out of any actual or
alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing
occurred within the scope of Commission employment, duties, or
responsibilities. Nothing in this paragraph shall be construed to
protect any such person from suit or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton
misconduct of that person. The procurement of insurance of any type
by the Commission shall not compromise or limit the immunity granted
by this subsection.
2. The Commission shall defend any member, officer, executive
director, employee, and representative of the Commission in any
civil action seeking to impose liability arising out of any actual
or alleged act, error, or omission that occurred within or as
determined by the Commission that the person against whom the claim
is made had a reasonable basis for believing occurred within the
scope of Commission employment, duties, or responsibilities.
Nothing in this paragraph shall be construed to prohibit such person
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from retaining his or her own counsel at his or her own expense or
that the actual or alleged act, error, or omission did not result
from that person’s intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member,
officer, executive director, employee, and representative of the
Commission for the amount of any settlement or judgment obtained
against that person arising out of any actual or alleged act, error,
or omission that occurred within or as determined by the Commission
that the person against whom the claim is made had a reasonable
basis for believing occurred within the scope of Commission
employment, duties, or responsibilities, provided that the actual
act, error, or omission did not result from the intentional or
willful or wanton misconduct of that person.
I. Nothing in this Compact 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.
J. 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.
K. Nothing in this Compact shall be construed to be a waiver of
sovereign immunity by the member states or by the Commission.
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SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4308 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The Interstate Massage Compact Commission shall provide for
the development, maintenance, operation, and utilization of a
coordinated database and reporting system.
B. The Commission shall assign each applicant for a multistate
license a unique identifier, as determined by the rules of the
Commission.
C. Notwithstanding any other provisions of state law, a member
state shall submit a uniform data set to the data system on all
individuals to whom this Compact is applicable as required by the
rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a licensee and any related
information;
4. Non-confidential information related to alterative program
participation, the beginning and ending dates of such participation,
and other information related to such participation;
5. Any denial of application for licensure, and the reasons for
such denial, not including any criminal history record information
where prohibited by law;
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6. The existence of current significant investigative
information or 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.
D. The records and information provided to a member state
pursuant to this Compact or through the data system, when certified
by the Commission or an agent of the Commission, shall constitute
the authenticated business records of the Commission, and shall be
entitled to any associated hearsay exception in any relevant
judicial, quasi-judicial, or administrative proceedings in a member
state.
E. The existence of current significant investigative
information and investigative information pertaining to a licensee
in any member state shall be available only to other member states.
F. It shall be the responsibility of the member states to
report any adverse action against a licensee who holds a multistate
license and to monitor the database to determine whether adverse
action has been taken against a multistate licensee or license
applicant. Adverse action information pertaining to a licensee or
license applicant in any member state shall be available to any
other member state.
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G. Member states contributing information to the data system
may designate information that shall not be shared with the public
without the express permission of the contributing state.
H. Any information submitted to the data system that is
subsequently expunged pursuant to federal laws or the laws of the
member state contributing the information shall be removed from the
data system.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4309 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. The Interstate Massage Compact Commission shall promulgate
reasonable rules in order to effectively and efficiently implement
and administer the purposes and provisions of this Compact. A rule
shall be invalid and have no force or effect only if a court of
competent jurisdiction holds that the rule is invalid because the
Commission exercised its rulemaking authority in a manner that is
beyond the scope and purposes of the Compact, or the powers granted
by this Compact, or based upon another applicable standard of
review.
B. The rules of the Commission shall have the force of law in
each member state, provided that where the rules of the Commission
conflict with the laws of the member state that establishes the
member state’s scope of practice as held by a court of competent
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jurisdiction, the rules of the Commission shall be ineffective in
that state to the extent of the conflict.
C. The Commission shall exercise its rulemaking powers pursuant
to the criteria set forth in this act and the adopted rules. Rules
shall become binding as of the date specified by the Commission for
each rule.
D. A rule shall have no further force and effect in any member
state or to any state applying to participate in the Compact 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.
E. Rules shall be adopted at a regular or special meeting of
the Commission.
F. The Commission shall hold a public hearing and allow persons
to provide oral and written comments, data, facts, opinions, and
arguments prior to adoption of a proposed rule. Prior to the
adoption of a proposed rule by the Commission, the Commission shall
provide a notice of proposed rulemaking at least thirty (30) days in
advance of the meeting at which the Commission will hold a public
hearing on the proposed rule. The notice shall be provided on the
website of the Commission or other publicly accessible platform, to
persons who have requested notice of the Commission’s notices of
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proposed rulemaking and in any other ways the Commission may specify
by rule. The notice shall include:
1. The time, date, and location of the public hearing at which
the Commission will hear public comment and, if different, the time,
date and location of the meeting where the Commission will consider
and vote on the proposed rule;
2. The mechanism for access to the hearing if being held via
telecommunication, video conference, or other electronic means;
3. The text and reason of the proposed rule;
4. A request for comments on the proposed rule from any
interested person; and
5. The manner for which interested persons may submit written
comments.
G. All hearings shall be recorded and a copy of the recording,
all written comments, and documents received by the Commission in
response to the proposed rule shall be available to the public.
H. Nothing in this section shall be construed to require a
separate hearing on each rule. Rules may be grouped for the
convenience of the Commission.
I. 1. The Commission shall, by majority vote of all
Commissioners, take final action on the proposed rule.
2. The Commission may adopt changes to the proposed rule,
provided the changes do not enlarge the original purpose of the
proposed rule.
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3. The Commission shall provide an explanation of the reasons
for substantive changes made to the proposed rule as well as reasons
for substantive changes not made that were recommended by
commenters.
4. The Commission shall determine a reasonable effective date
for the rule. The effective date of the rule shall be no earlier
than thirty (30) days after the Commission issues the notice that it
has adopted or amended the rule except for an emergency as provided
by subsection J of this section.
J. The Commission may consider and adopt an emergency rule
within twenty-four (24) hours’ notice, provided that the usual
rulemaking procedures provided in the Compact shall be retroactively
applied to the rule as soon as reasonably possible and no later than
ninety (90) days after the effective date of the rule. An emergency
rule shall:
1. Meet an imminent threat to public health, safety, or
welfare;
2. Prevent a loss of Commission or member state funds;
3. Meet a deadline for the promulgation of a rule that is
established by federal law or rule; or
4. Protect public health and safety.
K. The Commission or an authorized committee of the Commission
may direct revisions to a previously adopted rule for purposes of
correcting typographical errors, errors in format, errors in
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consistency, or grammatical errors. Public notice of any revisions
shall be posted on the website of the Commission. The revision
shall be subject to challenge by any person for a period of thirty
(30) days after posting. The revision may be challenged only on
grounds that the revision results in a material change to a rule. A
challenge shall be made in writing and delivered to the Commission
prior to the end of the notice period. If no challenge is made, the
revision will take effect without further action. If the revision
is challenged, the revision may not take effect without the approval
of the Commission.
L. No member states rulemaking requirements shall apply under
this Compact.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4310 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. 1. The executive and judicial branches of state government
in each member state shall enforce this Compact and take all actions
necessary and appropriate to implement the Compact.
2. Venue is proper and judicial proceedings by or against the
Commission shall be brought solely and exclusively in a court of
competent jurisdiction where the principal office of the Commission
is located. The Commission may waive venue and jurisdictional
defenses to the extent it adopts or consents to participate in
alternative dispute resolution proceedings. Nothing in this section
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shall affect or limit the selection or propriety of venue in any
action against a licensee for professional malpractice, misconduct,
or any similar matter.
3. The Commission shall be entitled to receive service of
process in any proceeding regarding the enforcement or
interpretation of the Compact and shall have standing to intervene
in such a proceeding for all purposes. Failure to provide the
Commission service of process shall render a judgment or order void
as to the Commission, this Compact, or promulgated rules.
B. If the Commission determines that a member state has
defaulted in the performance of its obligations or responsibilities
under this Compact or the promulgated rules, the Commission shall
provide written notice to the defaulting state. The notice of
default shall describe the default, the proposed means of curing the
default, and any other action that the Commission may take, and
shall offer training and specific technical assistance regarding the
default. The Commission shall provide a copy of the notice of
default to other member states.
C. If a state in default fails to cure the default, the
defaulting state may be terminated from the Compact upon an
affirmative vote of a majority of the delegates of the member
states, and all rights, privileges, and benefits conferred on that
state by this Compact may be terminated on the effective date of
termination.
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D. Termination of membership in the Compact shall be imposed
only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be given
by the Commission to the governor, the majority and minority leaders
of the defaulting state’s legislature, the defaulting state’s state
licensing authority, and each of the member state’s state licensing
authority.
E. A state that has been terminated shall be responsible for
all assessments, obligations, and liabilities incurred through the
effective date of termination, including obligations that extend
beyond the effective date of termination.
F. Upon the termination of a state’s membership from this
Compact, that state shall immediately provide notice to all
licensees who hold a multistate license within that state of such
termination. The terminated state shall continue to recognize all
licenses granted pursuant to this Compact for a minimum of one
hundred eighty (180) days after the date of such notice of
termination.
G. The Commission shall not bear any costs related to a state
that is found to be in default or that has been terminated from the
Compact, unless agreed upon in writing between the Commission and
the defaulting state.
H. The defaulting state may appeal the action of the Commission
by petitioning the United States District Court for the District of
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Columbia or the federal district where the Commission has its
principal offices. The prevailing party shall be awarded all costs
of such litigation, including reasonable attorney fees.
I. 1. Upon request by a member state, the Commission shall
attempt to resolve disputes related to the Compact that arise among
member states and between member and non-member states.
2. The Commission shall promulgate a rule providing for both
mediation and binding dispute resolution for disputes as
appropriate.
J. 1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions of this Compact and the
Commission’s rules.
2. By majority vote as provided by Commission rule, the
Commission may initiate legal action against a member state in
default in the United States District Court for the District of
Columbia or the federal district where the Commission has its
principal offices to enforce compliance with the provisions of the
Compact and its promulgated rules. The relief sought may include
both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing party shall be awarded all
costs of such litigation, including reasonable attorney fees. The
remedies shall not be the exclusive remedies of the Commission. The
Commission may pursue any other remedies available under federal or
the defaulting member state’s law.
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3. A member state may initiate legal action against the
Commission in the United States District Court for the District of
Columbia or the federal district where the Commission has its
principal offices to enforce compliance with the provisions of the
Compact and its promulgated rules. The relief sought may include
both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing party shall be awarded all
costs of such litigation, including reasonable attorney fees.
4. No individual or entity other than a member state may
enforce this Compact against the Commission.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4311 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. 1. The Compact shall come into effect on the date which the
Compact statute is enacted into law in the seventh member state. On
or after the effective date of the Compact, the Commission shall
convene and review the enactment of each of the charter member
states to determine if the statute enacted by each such charter
member state is materially different than the model Compact statute.
a. A charter member state whose enactment is found to be
materially different from the model compact statute
shall be entitled to the default process set forth in
Section 11 of this act, and
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b. If any member state is later found to be in default,
or is terminated or withdraws from the Compact, the
Commission shall remain in existence and the Compact
shall remain in effect even if the number of member
states should be less than seven.
2. Member states enacting the compact subsequent to the charter
member states shall be subject to the process set forth in paragraph
24 of subsection B of Section 8 of this act to determine if their
enactments are materially different from the model Compact statute
and whether they qualify for participation in the Compact.
3. All actions taken for the benefit of the Commission in
furtherance of the purposes of the administration of the Compact
prior to the effective date of the Compact or the Commission coming
into existence shall be considered to be actions of the Commission
unless specifically repudiated by the Commission.
4. Any state that joins the Compact shall be subject to the
Commission’s rules and bylaws as they exist on the date on which the
Compact becomes law in that state. Any rule that has been
previously adopted by the Commission shall have the full force and
effect of law on the day the Compact becomes law in that state.
B. 1. Any member state may withdraw from this Compact by
enacting a statute repealing that state’s enactment of the Compact.
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 within that state. Notwithstanding any subsequent
statutory enactment to the contrary, such withdrawing state shall
continue to recognize all licenses granted pursuant to this Compact
for a minimum of one hundred eighty (180) days after the date of
such notice of withdrawal.
C. Nothing in this Compact shall be construed to invalidate or
prevent any licensure agreement or other cooperative arrangement
between a member state and a non-member state that does not conflict
with the provisions of this Compact.
D. This Compact may be amended by the member state. 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. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4312 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. This Compact and the Interstate Massage Compact Commission’s
rulemaking authority shall be liberally construed so as to
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effectuate the purposes and the implementation and administration of
the Compact. Provisions of the Compact expressly authorizing or
requiring the promulgation of rules shall not be construed to limit
the Commission’s rulemaking authority solely for those purposes.
B. The provisions of this Compact shall be severable and if any
phrase, clause, sentence, or provision of this Compact is held by a
court of competent jurisdiction to be contrary to the constitution
of any member state, a state seeking participation in the Compact,
or of the United States, or the applicability 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 to any other government, agency,
person, or circumstance shall not be affected.
C. The Commission may deny a state’s participation in the
Compact or, in accordance with the provisions of subsection C of
Section 11 of this act, terminate a member state’s participation in
the Compact, if the Commission 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 to the
member state affected as to all severable matters.
D. Nothing in this act shall prevent or inhibit the enforcement
of any other law of a member state that is not inconsistent with the
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Compact. Any laws, statutes, regulations, or other legal
requirements in a member state in conflict with the Compact shall be
superseded to the extent of the conflict. All permissible
agreements between the Commission and the member states shall be
binding in accordance with their terms.
SECTION 14. This act shall become effective November 1, 2026.
60-2-2738 CAD 1/15/2026 9:20:25 AM