An Act authorizing the Commonwealth of Pennsylvania to join the Interstate Compact for School Psychologists; providing for form of compact; and imposing additional powers and duties on the Governor, the Secretary of the Commonwealth and the Compact.

PRINTER'S NO. 2726
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2107
Session of
2025
INTRODUCED BY GUZMAN, HILL-EVANS, MAYES, BURGOS, DONAHUE,
SANCHEZ, CEPEDA-FREYTIZ, RIVERA, STEELE, NEILSON AND HADDOCK,
DECEMBER 17, 2025
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
DECEMBER 18, 2025
AN ACT
Authorizing the Commonwealth of Pennsylvania to join the
Interstate Compact for School Psychologists; providing for
form of compact; and imposing additional powers and duties on
the Governor, the Secretary of the Commonwealth and the
Compact.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Interstate
Compact for School Psychologists Act.
Section 2. Authority to execute compact.
The Governor of Pennsylvania, on behalf of this State, is
hereby authorized to execute a compact in substantially the
following form with any one or more of the states of the United
States and the General Assembly hereby signifies in advance its
approval and ratification of such compact:
INTERSTATE COMPACT FOR SCHOOL PSYCHOLOGISTS
SECTION 1. PURPOSE
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The purpose of this Compact is to facilitate the interstate
practice of School Psychology in educational or school settings,
and in so doing to improve the availability of School
Psychological Services to the public. This Compact is intended
to establish a pathway to allow School Psychologists to obtain
equivalent licenses to provide School Psychological Services in
any Member State. In this way, this Compact shall enable the
Member States to ensure that safe and effective School
Psychological Services are available and delivered by
appropriately qualified professionals in their educational
settings. To facilitate the objectives described above, this
Compact:
A. Enables School Psychologists who qualify for receipt of an
Equivalent License to practice in other Member States without
first satisfying burdensome and duplicative requirements;
B. Promotes the mobility of School Psychologists between and
among the Member States in order to address workforce shortages
and to ensure that safe and reliable School Psychological
Services are available in each Member State;
C. Enhances the public accessibility of School Psychological
Services by increasing the availability of qualified, licensed
School Psychologists through the establishment of an efficient
and streamlined pathway for Licensees to practice in other
Member States;
D. Preserves and respects the authority of each Member State
to protect the health and safety of its residents by ensuring
that only qualified, licensed professionals are authorized to
provide School Psychological Services within that State;
E. Requires School Psychologists practicing within a Member
State to comply with the Scope of Practice laws present in the
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State where the School Psychological Services are being
provided;
F. Promotes cooperation between the Member States in
regulating the practice of School Psychology within those
States; and
G. Facilitates the relocation of military members and their
spouses who are licensed to provide School Psychological
Services.
SECTION 2. DEFINITIONS
A. "Active Military Member" means any person with full-time
duty status in the armed forces of the United States, including
members of the National Guard and Reserve.
B. "Adverse Action" means disciplinary action or encumbrance
imposed on a License by a State Licensing Authority.
C. "Alternative Program" means a non-disciplinary,
prosecutorial diversion, monitoring, or practice remediation
process entered into in lieu of an Adverse Action which is
applicable to a School Psychologist and approved by the State
Licensing Authority of a Member State in which the participating
School Psychologist is licensed. This includes, but is not
limited to, programs to which Licensees with substance abuse or
addiction issues may be referred in lieu of an Adverse Action.
D. "Commissioner" means the individual appointed by a Member
State to serve as the representative to the Commission for that
Member State.
E. "Compact" means this School Psychologist Interstate
Licensure Compact.
F. "Continuing Professional Education" means a requirement,
imposed by a Member State as a condition of License renewal to
provide evidence of successful participation in professional
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educational activities relevant to the provision of School
Psychological Services.
G. "Criminal Background Check" means the submission of
fingerprints or other biometric- information for a License
applicant for the purpose of obtaining that applicant's criminal
history record information, as defined in 28 C.F.R. § 20.3(d),
and the State's criminal history record repository as defined in
28 C.F.R. § 20.3(f).
H. "Doctoral Level Degree" means a graduate degree program
that consists of at least 90 graduate semester hours in the
field of School Psychology including a supervised internship.
I. "Encumbered License" means a License that a State
Licensing Authority has limited in any way other than through an
Alternative Program, including temporary or provisional
licenses.
J. "Executive Committee" means the Commission's Chair, Vice
Chair, Secretary and Treasurer and any other Commissioners as
may be determined by Commission Rule or bylaw.
K. "Equivalent License" means a license to practice School
Psychology which a Member State has identified as a license
which may be provided to School Psychologists from other Member
States pursuant to this Compact.
L. "Home State" means the Member State that issued the Home
State License to the Licensee and is the Licensee's primary
state of practice.
M. "Home State License" means the License that is not an
Encumbered License issued by the Home State to provide School
Psychological Services.
N. "License" means a current license, certification, or other
authorization granted by a Member State's Licensing Authority
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that permits an individual to provide School Psychological
Services.
O. "Licensee" means an individual who holds a License from a
Member State to provide School Psychological Services.
P. "Member State" means a State that has enacted the Compact
and been admitted to the Commission in accordance with the
provisions herein and Commission Rules.
Q. "Model Compact" means the model language for the School
Psychologist Interstate Licensure Compact on file with the
Council of State Governments or other entity as designated by
the Commission.
R. "Practice of School Psychology" means the delivery School
Psychological Services.
S. "Qualifying National Exam" means a national licensing
examination endorsed by the National Association of School
Psychologists and any other exam as approved by the Rules of the
Commission.
T. "Qualifying School Psychologist Education Program" means
an education program which awards a Specialist-Level or
Doctoral-Level degree or equivalent upon completion and is
approved by the Rules of the Commission as meeting the necessary
minimum educational standards to ensure that its graduates are
ready, qualified, and able to engage in the Practice of School
Psychology.
U. "Remote State" means a Member State other than the Home
State where a Licensee holds a License through the Compact
V. "Rule" means a regulation promulgated by an entity,
including but not limited to the
Commission and the State Licensing Authority of each Member
State, that has the force of law.
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W. "School Psychological Services" means academic, mental and
behavioral health services including assessment, prevention,
consultation and collaboration, intervention, and evaluation
provided by a School Psychologist in a school, as outlined in
applicable professional standards as determined by Commission
Rule.
X. "School Psychologist" means an individual who has met the
requirements to obtain a Home State License that legally conveys
the professional title of School Psychologist, or its equivalent
as determined by the Rules of the Commission.
Y. "School Psychologist Interstate Licensure Compact
Commission" or "Commission" means the joint government agency
established by this Compact whose membership consists of
representatives from each Member State that has enacted the
Compact, and as further described in Section 7.
Z. "Scope of Practice" means the procedures, actions, and
processes a School Psychologist licensed in a State is permitted
to undertake in that State and the circumstances under which
that Licensee is permitted to undertake those procedures,
actions, and processes. Such procedures, actions, and processes,
and the circumstances under which they may be undertaken, may be
established through means including, but not limited to,
statute, regulations, case law, and other processes available to
the State Licensing Authority or other government agency.
AA. "Specialist-Level Degree" means a degree program that
requires at least 60 graduate semester hours or equivalent in
the field of School Psychology including a supervised
internship.
BB. "State" means any state, commonwealth, district, or
territory of the United States of America.
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CC. "State Licensing Authority" means a Member State's
regulatory body responsible for issuing Licenses or otherwise
overseeing the Practice of School Psychology.
DD. "State Specific Requirement" means a requirement for
licensure covered in coursework or examination that includes
content of unique interest to the State.
EE. "Unencumbered License" means a License that authorizes a
Licensee to engage in the full and unrestricted Practice of
School Psychology.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To be eligible to join this Compact, and to maintain
eligibility as a Member State, a State must:
1. Enact a compact statute that is not materially different
from the Model Compact as defined in the Commission's Rules;
2. Participate in the sharing of information with other
Member States as reasonably necessary to accomplish the
objectives of this Compact, and as further defined in Section 8;
3. Identify and maintain with the Commission a list of
Equivalent Licenses available to Licensees who hold a Home State
License under this Compact;
4. Have a mechanism in place for receiving and investigating
complaints about Licensees;
5. Notify the Commission, in compliance with the terms of the
Compact and the Commission's Rules, of any Adverse Action taken
against a Licensee, or of the availability of investigative
information which relates to a Licensee or applicant for
licensure;
6. Require that applicants for a Home State License have;
a. Taken and passed a Qualifying National Exam as defined by
the Rules of the Commission;
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b. Completed a minimum of 1200 hours of supervised
internship, of which at least 600 must have been completed in a
School, prior to being approved for licensure;
c. Graduated from a Qualifying School Psychologist Education
Program;
7. Comply with the terms of this Compact and the Rules of the
Commission.
B. Each Member State shall grant an Equivalent License to
practice School Psychology in that state upon application by a
Licensee who satisfies the criteria of Section 4.A. Each Member
State shall grant renewal of the Equivalent License to a
Licensee who satisfies the criteria of Section 4.B.
C. Member States may set and collect a fee for granting an
Equivalent License.
SECTION 4. SCHOOL PSYCHOLOGIST PARTICIPATION IN THE COMPACT
A. To obtain and maintain an Equivalent License from a Remote
State under this Compact, a Licensee must:
1. Hold and maintain an active Home State License;
2. Satisfy any applicable State Specific Requirements
established by the Member State after an Equivalent License is
granted;
3. Complete any administrative or application requirements
which the Commission may establish by Rule, and pay any
associated fees; and
4. Complete any requirements for renewal in the Home State,
including applicable Continuing Professional Education
requirements.
5. Upon their application to receive a license under this
Compact, undergo a criminal background check in the Member State
in which the Equivalent License is sought in accordance with the
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laws and regulations of such Member State.
B. To renew an Equivalent License in a Member State other
than the Home State, a Licensee must only apply for renewal,
complete a background check, and pay renewal fees as determined
by the Licensing Authority.
SECTION 5. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
A Licensee who is an Active Military Member or is the spouse
of an Active Military Member shall be deemed to hold a Home
State License in any of the following locations:
A. The Licensee's permanent residence;
B. A Member State that is the Licensee's primary State of
Practice
C. A Member State where the Licensee has relocated pursuant
to a Permanent Change of Station (PCS).
SECTION 6. DISCIPLINE/ADVERSE ACTIONS
A. Nothing in this Compact shall be deemed or construed to
limit the authority of a Member State to investigate or impose
disciplinary measures on Licensees according to the State
Practice Laws thereof.
B. Member States shall be authorized to receive, and shall
provide, files and information regarding the investigation and
discipline, if any, of Licensees in other Member States upon
request. Any Member State receiving such information or files
shall protect and maintain the security and confidentiality
thereof, in at least the same manner that it maintains its own
investigatory or disciplinary files and information. Prior to
disclosing any disciplinary or investigatory information
received from another Member State, the disclosing state shall
communicate its intention and purpose for such disclosure to the
Member State which originally provided that information.
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SECTION 7. ESTABLISHMENT OF THE SCHOOL PSYCHOLOGIST INTERSTATE
LICENSURE COMPACT COMMISSION
A. The Member States hereby create and establish a joint
government agency whose membership consists of all Member States
that have enacted the Compact, and this agency shall be known as
the School Psychologist Interstate Licensure Compact Commission.
The Commission is an instrumentality of the Member States acting
jointly and not an instrumentality of any one state. The
Commission shall come into existence on or after the effective
date of the Compact as set forth in Section 11.
B. Membership, Voting, and Meetings
1. Each Member State shall have and be limited to one (1)
delegate selected by that Member State's State Licensing
Authority.
2. The delegate shall be the primary administrative officer
of the Member State Licensing
Authority or their designee who is an employee of the Member
State Licensing Authority.
3. The Commission shall by Rule or bylaw establish a term of
office for delegates and may by Rule or bylaw establish term
limits.
4. The Commission may recommend removal or suspension of any
delegate from office.
5. A Member State's Licensing Authority shall fill any
vacancy of its delegate occurring on the Commission within 60
days of the vacancy.
6. Each delegate shall be entitled to one vote on all matters
before the Commission requiring a vote by Commission delegates.
7. A delegate shall vote in person or by such other means as
provided in the bylaws. The bylaws may provide for delegates to
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meet by telecommunication, videoconference, or other means of
communication.
8. The Commission shall meet at least once during each
calendar year. Additional meetings may be held as set forth in
the bylaws. The Commission may meet by telecommunication, video
conference or other similar electronic means.
C. The Commission shall have the following powers:
1. Establish the fiscal year of the Commission;
2. Establish code of conduct and conflict of interest
policies;
3. Establish and amend Rules and bylaws;
4. Establish the procedure through which a Licensee may
change their Home State;
5. Maintain its financial records in accordance with the
bylaws;
6. Meet and take such actions as are consistent with the
provisions of this Compact, the Commission's Rules, and the
bylaws;
7. Initiate and conclude legal proceedings or actions in the
name of the Commission, provided that the standing of any Member
State Licensing Authority to sue or be sued under applicable law
shall not be affected;
8. Maintain and certify records and information provided to a
Member State as the authenticated business records of the
Commission, and designate an agent to do so on the Commission's
behalf;
9. Purchase and maintain insurance and bonds;
10. Borrow, accept, or contract for services of personnel,
including, but not limited to, employees of a Member State;
11. Conduct an annual financial review;
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12. Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of the Compact, and
establish the Commission's personnel policies and programs
relating to conflicts of interest, qualifications of personnel,
and other related personnel matters;
13. Assess and collect fees;
14. Accept any and all appropriate gifts, donations, grants
of money, other sources of revenue, equipment,supplies,
materials, and services, and receive, utilize, and dispose of
the same; provided that at all times the Commission shall
avoid any appearance of impropriety and/or conflict of interest;
15. Lease, purchase, retain, own, hold, improve, or use any
property, real, personal, or mixed, or any undivided interest
therein;
16. Sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property real, personal, or mixed;
17. Establish a budget and make expenditures;
18. Borrow money;
19. Appoint committees, including standing committees,
composed of members, State regulators, State legislators or
their representatives, and consumer representatives, and such
other interested persons as may be designated in this Compact
and the bylaws;
20. Provide and receive information from, and cooperate with,
law enforcement agencies;
21. Establish and elect an Executive Committee, including a
chair and a vice chair;
22. Determine whether a State's adopted language is
materially different from the model compact language such that
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the State would not qualify for participation in the Compact;
and
23. Perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact.
D. The Executive Committee
1. The Executive Committee shall have the power to act on
behalf of the Commission according to the terms of this Compact.
The powers, duties, and responsibilities of the Executive
Committee shall include:
a. Oversee the day-to-day activities of the administration of
the compact including enforcement and compliance with the
provisions of the compact, its Rules and bylaws, and other such
duties as deemed necessary;
b. Recommend to the Commission changes to the Rules or
bylaws, changes to this Compact legislation, fees charged to
Member States, fees charged to Licensees, and other fees;
c. Ensure Compact administration services are appropriately
provided, including by contract;
d. Prepare and recommend the budget;
e. Maintain financial records on behalf of the Commission;
f. Monitor Compact compliance of Member States and provide
compliance reports to the Commission;
g. Establish additional committees as necessary;
h. Exercise the powers and duties of the Commission during
the interim between Commission meetings, except for adopting or
amending Rules, adopting or amending bylaws, and exercising any
other powers and duties expressly reserved to the Commission by
Rule or bylaw; and
i. Other duties as provided in the Rules or bylaws of the
Commission.
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2. The Executive Committee shall be composed of up to 7
members:
a. The chair and vice chair of the Commission shall be voting
members of the Executive Committee; and
b. The Commission shall elect 5 voting members from the
current membership of the Commission.
3. The Commission may remove any member of the Executive
Committee as provided in the Commission's bylaws.
4. The Executive Committee shall meet at least annually.
a. Executive Committee meetings shall be open to the public,
except that the Executive Committee may meet in a closed, non-
public meeting as provided in subsection F.2 below.
b. The Executive Committee shall give 30 days' notice of its
meetings, posted on its website and as determined to provide
notice to persons with an interest in the business of the
Commission.
c. The Executive Committee may hold a special meeting in
accordance with subsection F.1.b. below.
E. The Commission shall adopt and provide to the Member
States an annual report.
F. Meetings of the Commission
1. All meetings shall be open to the public, except that the
Commission may meet in a closed, non-public meeting as provided
in subsection F.2 below.
a. Public notice for all meetings of the full Commission of
meetings shall be given in the same manner as required under the
Rulemaking provisions in Section 9, except that the Commission
may hold a special meeting as provided in subsection F.1.b
below.
b. The Commission may hold a special meeting when it must
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meet to conduct emergency business by giving 48 hours' notice to
all commissioners, on the Commission's website, and other means
as provided in the Commission's rules. The
Commission's legal counsel shall certify that the
Commission's need to meet qualifies as an emergency.
2. The Commission or the Executive Committee or other
committees of the Commission may convene in a closed, non-public
meeting for the Commission or Executive Committee or other
committees of the Commission to receive legal advice or to
discuss:
a. Non-compliance of a Member State with its obligations
under the Compact;
b. The employment, compensation, discipline or other matters,
practices or procedures related to specific employees;
c. Current or threatened discipline of a Licensee by the
Commission or by a Member
State's Licensing Authority;
d. Current, threatened, or reasonably anticipated litigation;
e. Negotiation of contracts for the purchase, lease, or sale
of goods, services, or real estate;
f. Accusing any person of a crime or formally censuring any
person;
g. Trade secrets or commercial or financial information that
is privileged or confidential;
h. Information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
i. Investigative records compiled for law enforcement
purposes;
j. Information related to any investigative reports prepared
by or on behalf of or for use of the Commission or other
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committee charged with responsibility of investigation or
determination of compliance issues pursuant to the Compact;
k. Matters specifically exempted from disclosure by federal
or Member State law; or
l. Other matters as promulgated by the Commission by Rule.
3. If a meeting, or portion of a meeting, is closed, the
presiding officer shall state that the meeting will be closed
and reference each relevant exempting provision, and such
reference shall be recorded in the minutes.
4. The Commission shall keep minutes that fully and clearly
describe all matters discussed in a meeting and shall provide a
full and accurate summary of actions taken, and the reasons
therefore, including a description of the views expressed. All
documents considered in connection with an action shall be
identified in such minutes. All minutes and documents of a
closed meeting shall remain under seal, subject to release only
by a majority vote of the Commission or order of a court of
competent jurisdiction.
G. Financing of the Commission
1. The Commission shall pay, or provide for the payment of,
the reasonable expenses of its establishment, organization, and
ongoing activities.
2. The Commission may accept any and all appropriate revenue
sources as provided in Section 7.C.14.
3. The Commission may levy on and collect an annual
assessment from each Member State and impose fees on Licensees
practicing in the Member States under an Equivalent License to
cover the cost of the operations and activities of the
Commission and its staff, which must be in a total amount
sufficient to cover its annual budget as approved each year for
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which revenue is not provided by other sources. The aggregate
annual assessment amount for Member States shall be allocated
based upon a formula that the Commission shall promulgate by
Rule.
4. The Commission shall not incur obligations of any kind
prior to securing the funds adequate to meet the same; nor shall
the Commission pledge the credit of any of the Member States,
except by and with the authority of the Member State.
5. The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of
the Commission shall be subject to the financial review and
accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the Commission
shall be subject to an annual financial review by a certified or
licensed public accountant, and the report of the financial
review shall be included in and become part of the annual report
of the Commission.
H. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees and
representatives of the Commission shall be immune from suit and
liability, both personally and in their official capacity, for
any claim for damage to or loss of property or personal injury
or other civil liability caused by or arising out of any actual
or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for
believing occurred within the scope of Commission employment,
duties or responsibilities; provided that nothing in this
paragraph shall be construed to protect any such person from
suit or liability for any damage, loss, injury, or liability
caused by the intentional or willful or wanton misconduct of
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that person. The procurement of insurance of any type by the
Commission shall not in any way compromise or limit the immunity
granted hereunder.
2. The Commission shall defend any member, officer, executive
director, employee, and representative of the Commission in any
civil action seeking to impose liability arising out of any
actual or alleged act, error, or omission that occurred within
the scope of Commission employment, duties, or responsibilities,
or as determined by the commission that the person against whom
the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties, or
responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining their own
counsel at their own expense; and provided further, that the
actual or alleged act, error, or omission did not result from
that person's intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any
member, officer, executive director, employee, and
representative of the Commission for the amount of any
settlement or judgment obtained against that person arising out
of any actual or alleged act, error, or omission that occurred
within the scope of Commission employment, duties, or
responsibilities, or that such person had a reasonable basis for
believing occurred within the scope of Commission employment,
duties, or responsibilities, provided that the actual or alleged
act, error, or omission did not result from the intentional or
willful or wanton misconduct of that person.
4. Nothing herein shall be construed as a limitation on the
liability of any licensee for professional malpractice or
misconduct, which shall be governed solely by any other
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applicable state laws.
5. Nothing in this Compact shall be interpreted to waive or
otherwise abrogate a Member State's state action immunity or
state action affirmative defense with respect to antitrust
claims under the Sherman Act, Clayton Act, or any other state or
federal antitrust or anticompetitive law or regulation.
6. Nothing in this Compact shall be construed to be a waiver
of sovereign immunity by the Member States or by the Commission.
SECTION 8. FACILITATING INFORMATION EXCHANGE
A. The Commission shall provide for facilitating the exchange
of information to administer and implement the provisions of
this compact in accordance with the Rules of the Commission,
consistent with generally accepted data protection principles.
B. Notwithstanding any other provision of State law to the
contrary, a Member State shall agree to provide for the
facilitation of the following Licensee information as required
by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a License and information related
thereto;
4. Non-confidential information related to Alternative
Program participation, the beginning and ending dates of such
participation, and other information related to such
participation not made confidential under Member State law;
5. Any denial of application for licensure, and the reason(s)
for such denial;
6. The presence of investigative information; and
7. Other information that may facilitate the administration
of this Compact or the protection of the public, as determined
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by the Rules of the Commission.
C. Nothing in this compact shall be deemed or construed to
alter, limit, or inhibit the power of a Member State to control
and maintain ownership of its Licensee information or alter,
limit, or inhibit the laws or regulations governing Licensee
information in the Member State.
SECTION 9. RULEMAKING
A. The Commission shall exercise its Rulemaking powers
pursuant to the criteria set forth in this interstate compact
and the Rules adopted thereunder. Rules and amendments shall
become binding as of the date specified in each Rule or
amendment.
B. The Commission shall promulgate reasonable Rules to
achieve the intent and purpose of this interstate compact. In
the event the Commission exercises its Rulemaking authority in a
manner that is beyond purpose and intent of this interstate
compact, or the powers granted hereunder, then such an action by
the Commission shall be invalid and have no force and effect of
law in the Member States.
C. If a majority of the legislatures of the Member States
rejects a Rule, by enactment of a statute or resolution in the
same manner used to adopt the compact within four (4) years of
the date of adoption of the Rule, then such Rule shall have no
further force and effect in any Member State.
D. Rules or amendments to the Rules shall be adopted or
ratified at a regular or special meeting of the Commission in
accordance with Commission Rules and Bylaws.
E. Prior to promulgation and adoption of a final Rule or
Rules by the Commission, and at least thirty (30) days in
advance of the meeting at which the Rule will be considered and
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voted upon, the Commission shall file a notice of proposed
rulemaking:
1. On the website of the Commission or other publicly
accessible platform; and
2. On the website of each Member State Licensing Authority or
other publicly accessible platform or the publication in which
each State would otherwise publish proposed Rules.
F. Upon determination that an emergency exists, the
Commission may consider and adopt an emergency Rule with 48
hours' notice, with opportunity to comment, provided that the
usual Rulemaking procedures shall be retroactively applied to
the Rule as soon as reasonably possible, in no event later than
ninety (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 Commission or Member State funds.
3. Meet a deadline for the promulgation of an administrative
Rule that is established by federal law or Rule; or
4. Protect public health and safety.
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive and judicial branches of the State
government in each Member State shall enforce this Compact and
take all actions necessary and appropriate to implement the
Compact.
2. Venue is proper and judicial proceedings by or against the
Commission shall be brought solely and exclusively in a court of
competent jurisdiction where the principal office of the
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Commission is located. The Commission may waive venue and
jurisdictional defenses to the extent it adopts or consents to
participate in alternative dispute resolution proceedings.
Nothing herein shall affect or limit the selection or propriety
of venue in any action against a licensee for professional
malpractice, misconduct or any such similar matter.
3. The Commission shall be entitled to receive service of
process in any proceeding regarding the enforcement or
interpretation of the Compact and shall have standing to
intervene in such a proceeding for all purposes. Failure to
provide the Commission service of process shall render a
judgment or order void as to the Commission, this Compact, or
promulgated Rules.
B. Default, Technical Assistance and Termination
1. If the Commission determines that a Member State has
defaulted in the performance of its obligations or
responsibilities under this Compact or the promulgated Rules,
the Commission shall provide written notice to the defaulting
State. The notice of default shall describe the default, the
proposed means of curing the default, and any other action that
the Commission may take, and shall offer training and specific
technical assistance regarding the default.
2. The Commission shall provide a copy of the notice of
default to the other Member States.
C. If a State in default fails to cure the default, the
defaulting State may be terminated from the Compact upon an
affirmative vote of a supermajority of the delegates of the
Member States, and all rights, privileges and benefits conferred
on that state by this Compact may be terminated on the effective
date of termination. A cure of the default does not relieve the
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offending State of obligations or liabilities incurred during
the period of default.
D. Termination of membership in the Compact shall be imposed
only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be
given by the Commission to the governor, the majority and
minority leaders of the defaulting State's legislature, the
defaulting State's Licensing Authority and each of the Member
States' Licensing Authorities.
E. A State that has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including obligations that extend
beyond the effective date of termination.
F. Upon the termination of a State's membership from this
Compact, that State shall immediately provide notice to all
Licensees within that State of such termination. The terminated
State shall continue to recognize all Licenses granted pursuant
to this Compact for a minimum of six (6) months after the date
of said notice of termination.
G. The Commission shall not bear any costs related to a State
that is found to be in default or that has been terminated from
the Compact, unless agreed upon in writing between the
Commission and the defaulting State.
H. The defaulting State may appeal the action of the
Commission by petitioning the U.S. District Court for the
District of Columbia or the federal district where the
Commission has its principal offices. The prevailing party shall
be awarded all costs of such litigation, including reasonable
attorney's fees.
I. Dispute Resolution
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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 nonMember States.
2. The Commission shall promulgate a Rule providing for both
mediation and binding dispute resolution for disputes as
appropriate.
J. Enforcement
1. By majority vote as provided by Rule, the Commission may
initiate legal action against a Member State in default in the
United States District Court for the District of Columbia or the
federal district where the Commission has its principal offices
to enforce compliance with the provisions of the Compact and its
promulgated Rules. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is
necessary, the prevailing party shall be awarded all costs of
such litigation, including reasonable attorney's fees. The
remedies herein shall not be the exclusive remedies of the
Commission. The Commission may pursue any other remedies
available under federal or the defaulting Member State's law.
2. A Member State may initiate legal action against the
Commission in the U.S. District Court for the District of
Columbia or the federal district where the Commission has its
principal offices to enforce compliance with the provisions of
the Compact and its promulgated Rules. The relief sought may
include both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable
attorney's fees.
3. No person other than a Member State shall enforce this
compact against the Commission.
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SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which
the Compact statute is enacted into law in the seventh Member
State.
1. On or after the effective date of the Compact indicated
above, the Commission shall convene and review the enactment of
each of the Charter Member States to determine if the statute
enacted by each such Charter Member State is materially
different than the model Compact statute.
a. A Charter Member State whose enactment is found to be
materially different from the model Compact statute shall be
entitled to the default process set forth in Section 10.
b. If any Member State is later found to be in default, or is
terminated or withdraws from the Compact, the Commission shall
remain in existence and the Compact shall remain in effect even
if the number of Member States should be less than seven.
2. Member States enacting the Compact subsequent to the
Charter Member States shall be subject to the process set forth
in Section 7.C.22 to determine if their enactments are
materially different from the model Compact statute and whether
they qualify for participation in the Compact.
3. All actions taken for the benefit of the Commission or in
furtherance of the purposes of the administration of the Compact
prior to the effective date of the Compact or the Commission
coming into existence shall be considered to be actions of the
Commission unless specifically repudiated by the Commission.
a. Any State that joins the Compact subsequent to the
Commission's initial adoption of the Rules and bylaws shall be
subject to the Rules and bylaws as they exist on the date on
which the Compact becomes law in that State. Any Rule that has
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been previously adopted by the Commission shall have the full
force and effect of law on the day the Compact becomes law in
that State.
b. Any Member State may withdraw from this Compact by
enacting a statute repealing the same.
B. A Member State's withdrawal shall not take effect until
180 days after enactment of the repealing statute.
C. Withdrawal shall not affect the continuing requirement of
the withdrawing State's Licensing Authority to comply with the
investigative and Adverse Action reporting requirements of this
Compact prior to the effective date of withdrawal.
D. Upon the enactment of a statute withdrawing from this
compact, a State shall immediately provide notice of such
withdrawal to all Licensees within that State. Notwithstanding
any subsequent statutory enactment to the contrary, such
withdrawing State shall continue to recognize all licenses
granted pursuant to this compact for a minimum of six (6) months
after the date of such notice of withdrawal.
1. Nothing contained in this Compact shall be construed to
invalidate or prevent any licensure agreement or other
cooperative arrangement between a Member State and a non-Member
State that does not conflict with the provisions of this
Compact.
2. This Compact may be amended by the Member States. No
amendment to this Compact shall become effective and binding
upon any Member State until it is enacted into the laws of all
Member States.
SECTION 12. CONSTRUCTION AND SEVERABILITY
A. This Compact and the Commission's rulemaking authority
shall be liberally construed so as to effectuate the purposes,
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and the implementation and administration of the Compact.
Provisions of the Compact expressly authorizing or requiring the
promulgation of Rules shall not be construed to limit the
Commission's rulemaking authority solely for those purposes.
B. The provisions of this Compact shall be severable and if
any phrase, clause, sentence or provision of this Compact is
held by a court of competent jurisdiction to be contrary to the
constitution of any Member State, a State seeking participation
in the Compact, or of the United States, or the applicability
thereof to any government, agency, person or circumstance is
held to be unconstitutional by a court of competent
jurisdiction, the validity of the remainder of this Compact and
the applicability thereof to any other government, agency,
person or circumstance shall not be affected thereby.
C. Notwithstanding subsection B of this Section, the
Commission may deny a State's participation in the Compact or,
in accordance with the requirements of Section 10.B, terminate a
Member State's participation in the Compact, if it determines
that a constitutional requirement of a Member State is a
material departure from the Compact. Otherwise, if this Compact
shall be held to be contrary to the constitution of any Member
State, the Compact shall remain in full force and effect as to
the remaining Member States and in full force and effect as to
the Member State affected as to all severable matters.
SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
A. Nothing herein shall prevent or inhibit the enforcement of
any other law of a Member State that is not inconsistent with
the Compact.
B. Any laws, statutes, regulations, or other legal
requirements in a Member State in conflict with the Compact are
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superseded to the extent of the conflict.
C. All permissible agreements between the Commission and the
Member States are binding in accordance with their terms.
Section 3. When and how compact becomes operative.
(a) General rule.--When the Governor executes the Interstate
Compact on behalf of this State and files a verified copy
thereof with the Secretary of the Commonwealth and when the
compact is ratified by one or more other states, then the
compact shall become operative and effective between this State
and such other state or states. The Governor is hereby
authorized and directed to take such action as may be necessary
to complete the exchange of official documents between this
State and any other state ratifying the compact.
(b) Notice in Pennsylvania Bulletin.--The Secretary of the
Commonwealth shall publish a notice in the Pennsylvania Bulletin
when the conditions set forth in subsection (a) are satisfied
and shall include in the notice the date on which the compact
became effective and operative between this State and any other
state or states in accordance with this act.
Section 4. Compensation and expenses of compact administrator.
The compact administrator who represents this State, as
provided for in the Interstate Compact, shall not be entitled to
any additional compensation for his duties and responsibilities
as compact administrator but shall be entitled to reimbursement
for reasonable expenses actually incurred in connection with his
duties and responsibilities as compact administrator in the same
manner as for expenses incurred in connection with other duties
and responsibilities of his office or employment.
Section 5. Effective date.
This act shall take effect in 60 days.
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