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

PRINTER'S NO. 3210
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2390
Session of
2026
INTRODUCED BY MALAGARI, SCHEUREN, HILL-EVANS, GUENST, VENKAT,
HOHENSTEIN, SANCHEZ, RIVERA, GALLAGHER, HANBIDGE, JAMES,
BOROWSKI, DEASY, CEPEDA-FREYTIZ, LABS, GILLEN AND ARMANINI,
APRIL 15, 2026
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 16, 2026
AN ACT
Authorizing the Commonwealth of Pennsylvania to join the
Respiratory Care Interstate Compact; providing for the form
of the compact; and imposing additional powers and duties on
the Governor, the Secretary of the Commonwealth and the
Respiratory Care Interstate 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 Respiratory
Care Interstate Compact Act.
Section 2. Authority to execute compact.
The Governor, 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:
RESPIRATORY CARE INTERSTATE COMPACT
SECTION 1. TITLE AND PURPOSE
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A. The purpose of this Compact is to facilitate the
interstate Practice of Respiratory Therapy with the goal of
improving public access to Respiratory Therapy services by
providing Respiratory Therapists licensed in a Member State the
ability to practice in other Member States. The Compact
preserves the regulatory authority of states to protect public
health and safety through the current system of State licensure.
B. This Compact is designed to achieve the following
objectives:
1. Increase public access to Respiratory Therapy
services by creating a responsible, streamlined pathway for
Licensees to practice in Member States with the goal of
improving outcomes for patients;
2. Enhance States' ability to protect the public's
health and safety;
3. Promote the cooperation of Member States in
regulating the Practice of Respiratory Therapy within those
Member States;
4. Ease administrative burdens on States by encouraging
the cooperation of Member States in regulating multi-state
Respiratory Therapy practice;
5. Support relocating Active Military Members and their
spouses; and
6. Promote mobility and address workforce shortages.
SECTION 2. DEFINITIONS
As used in this Compact, unless the context requires
otherwise, the following definitions shall apply:
A. "Active Military Member" means any person with a full-
time duty status in the armed forces of the United States,
including members of the National Guard and Reserve.
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B. "Adverse Action" means any administrative, civil,
equitable, or criminal action permitted by a State's laws which
is imposed by any State authority with regulatory authority over
Respiratory Therapists, such as license denial, censure,
revocation, suspension, probation, monitoring of the Licensee,
or restriction on the Licensee's practice, not including
participation in an Alternative Program.
C. "Alternative Program" means a non-disciplinary monitoring
or practice remediation process applicable to a Respiratory
Therapist approved by any State authority with regulatory
authority over Respiratory Therapists. This includes, but is not
limited to, programs to which Licensees with substance abuse or
addiction issues are referred in lieu of Adverse Action.
D. "Charter Member States" means those Member States who
were the first seven states to enact the Compact into the laws
of their State.
E. "Commission" or "Respiratory Care Interstate Compact
Commission" means the government instrumentality and body
politic whose membership consists of all Member States that have
enacted the Compact.
F. "Commissioner" means the individual appointed by a Member
State to serve as the member of the Commission for that Member
State.
G. "Compact" means the Respiratory Care Interstate Compact.
H. "Compact Privilege" means the authorization granted by a
Remote State to allow a Licensee from another Member State to
practice as a Respiratory Therapist in the Remote State under
the Remote State's laws and Rules. The Practice of Respiratory
Therapy occurs in the Member State where the patient is located
at the time of the patient encounter.
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I. "Criminal Background Check" means the submission by the
Member State of fingerprints or other biometric-based
information on license applicants at the time of initial
licensing for the purpose of obtaining that applicant's criminal
history record information, as defined in 28 C.F.R. § 20.3 (d)
or successor provision, from the Federal Bureau of Investigation
and the State's criminal history record repository, as defined
in 28 C.F.R. § 20.3 (f) or successor provision.
J. "Data System" means the Commission's repository of
information about Licensees as further set forth in Section 8.
K. "Domicile" means the jurisdiction which is the Licensee's
principal home for legal purposes.
L. "Encumbered License" means a license that a State's
Respiratory Therapy Licensing Authority has limited in any way.
M. "Executive Committee" means a group of directors elected
or appointed to act on behalf of, and within the powers granted
to them by the Commission.
N. "Home State" except as set forth in Section 5, means the
Member State that is the Licensee's primary Domicile.
O. "Home State License" means an active license to practice
Respiratory Therapy in a Home State that is not an Encumbered
License.
P. "Jurisprudence Requirement" means an assessment of an
individual's knowledge of the State laws and regulations
governing the Practice of Respiratory Therapy in such State.
Q. "Licensee" means an individual who currently holds an
authorization from the State to practice as a Respiratory
Therapist.
R. "Member State" means a State that has enacted the Compact
and been admitted to the Commission in accordance with the
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provisions herein and Commission Rules.
S. "Model Compact" means the model for the Respiratory Care
Interstate Compact on file with The Council of State Governments
or other entity as designated by the Commission.
T. "Remote State" means a Member State where a Licensee is
exercising or seeking to exercise the Compact Privilege.
U. "Respiratory Therapist" or "Respiratory Care
Practitioner" means an individual who holds a credential issued
by the National Board for Respiratory Care (or its successor)
and holds a license in a State to practice Respiratory Therapy.
The term includes a person licensed under section 13.1 of the
act of December 20, 1985 (P.L.457, No.112), known as the Medical
Practice Act of 1985, or section 10.1 of the act of October 5,
1978 (P.L.1109, No.261), known as the Osteopathic Medical
Practice Act. For purposes of this Compact, any other title or
status adopted by a State to replace the term "Respiratory
Therapist" or "Respiratory Care Practitioner" shall be deemed
synonymous with "Respiratory Therapist" and shall confer the
same rights and responsibilities to the Licensee under the
provisions of this Compact at the time of its enactment.
V. "Respiratory Therapy," "Respiratory Therapy Practice,"
"Respiratory Care," "the Practice of Respiratory Care," and "the
Practice of Respiratory Therapy" means the care and services
provided by or under the direction and supervision of a
Respiratory Therapist or Respiratory Care Practitioner.
W. "Respiratory Therapy Licensing Authority" means the
agency, board, or other body of a State that is responsible for
licensing and regulation of Respiratory Therapists.
X. "Rule" means a regulation promulgated by an entity that
has the force and effect of law.
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Y. "Scope of Practice" means the procedures, actions, and
processes a Respiratory Therapist licensed in a State or
practicing under a Compact Privilege in a State is permitted to
undertake in that State and the circumstances under which the
Respiratory Therapist 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 Respiratory Therapy Licensing Authority
or other government agency.
Z. "Significant Investigative Information" means
information, records, and documents received or generated by a
State Respiratory Therapy Licensing Authority pursuant to an
investigation for which a determination has been made that there
is probable cause to believe that the Licensee has violated a
statute or regulation that is considered more than a minor
infraction for which the State Respiratory Therapy Licensing
Authority could pursue Adverse Action against the Licensee.
AA. "State" means any state, commonwealth, district, or
territory of the United States.
SECTION 3. STATE PARTICIPATION IN THIS COMPACT
A. In order to participate in this Compact and thereafter
continue as a Member State, a Member State shall:
1. Enact a Compact that is not materially different from
the Model Compact;
2. License Respiratory Therapists;
3. Participate in the Commission's Data System;
4. Have a mechanism in place for receiving and
investigating complaints against Licensees and Compact
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Privilege holders;
5. Notify the Commission, in compliance with the terms
of this Compact and Commission Rules, of any Adverse Action
against a Licensee, a Compact Privilege holder, or a license
applicant;
6. Notify the Commission, in compliance with the terms
of this Compact and Commission Rules, of the existence of
Significant Investigative Information;
7. Comply with the Rules of the Commission;
8. Grant the Compact Privilege to a holder of an active
Home State License and otherwise meet the applicable
requirements of Section 4 in a Member State; and
9. Complete a Criminal Background Check for each new
Licensee at the time of initial licensure.
a. Where expressly authorized or permitted by
federal law, whether such federal law is in effect prior
to, at, or after the time of a Member State's enactment
of this Compact, a Member State's enactment of this
Compact shall hereby authorize the Member State's
Respiratory Therapy Licensing Authority to perform
Criminal Background Checks as defined herein. The absence
of such a federal law as described in this subsection
shall not prevent or preclude such authorization where it
may be derived or granted through means other than the
enactment of this Compact.
B. Nothing in this Compact prohibits a Member State from
charging a fee for granting and renewing the Compact Privilege.
SECTION 4. COMPACT PRIVILEGE
A. To exercise the Compact Privilege under the terms and
provisions of the Compact, the Licensee shall:
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1. Hold and maintain an active Home State License as a
Respiratory Therapist;
2. Hold and maintain an active credential from the
National Board for Respiratory Care (or its successor) that
would qualify them for licensure in the Remote State in which
they are seeking the privilege;
3. Have not had any Adverse Action against a license
within the previous two (2) years;
4. Notify the Commission that the Licensee is seeking
the Compact Privilege within a Remote State(s);
5. Pay any applicable fees, including any State and
Commission fees and renewal fees, for the Compact Privilege;
6. Meet any Jurisprudence Requirements established by
the Remote State in which the Licensee is seeking a Compact
Privilege;
7. Report to the Commission Adverse Action taken by any
non-Member State within thirty (30) days from the date the
Adverse Action is taken;
8. Report to the Commission, when applying for a Compact
Privilege, the address of the Licensee's Domicile and
thereafter promptly report to the Commission any change in
the address of the Licensee's Domicile within thirty (30)
days of the effective date of the change in address; and
9. Consent to accept service of process by mail at the
Licensee's Domicile on record with the Commission with
respect to any action brought against the Licensee by the
Commission or a Member State, and consent to accept service
of a subpoena by mail at the Licensee's Domicile on record
with the Commission with respect to any action brought or
investigation conducted by the Commission or a Member State.
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B. The Compact Privilege is valid until the expiration date
or revocation of the Home State License unless terminated
pursuant to Adverse Action. The Licensee must comply with all of
the requirements of Subsection A, above, to maintain the Compact
Privilege in a Remote State. If those requirements are met, no
Adverse Actions are taken, and the Licensee has paid any
applicable Compact Privilege renewal fees, then the Licensee
will maintain the Licensee's Compact Privilege.
C. A Licensee providing Respiratory Therapy in a Remote
State under the Compact Privilege shall function within the
Scope of Practice authorized by the Remote State for the type of
Respiratory Therapist license the Licensee holds. Such
procedures, actions, 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 Respiratory Therapy
Licensing Authority or other government agency.
D. If a Licensee's Compact Privilege in a Remote State is
removed by the Remote State, the individual shall lose or be
ineligible for the Compact privilege in that Remote State until
the Compact Privilege is no longer limited or restricted by that
State.
E. If a Home State License is encumbered, the Licensee shall
lose the Compact Privilege in all Remote States until the
following occur:
1. The Home State License is no longer encumbered; and
2. Two (2) years have elapsed from the date on which the
license is no longer encumbered due to the Adverse Action.
F. Once a Licensee with a restricted or limited license
meets the requirements of Subsection E.1 and 2, the Licensee
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must also meet the requirements of Subsection A to obtain a
Compact Privilege in a Remote State.
SECTION 5. ACTIVE MILITARY MEMBER OR THEIR SPOUSE
A. An Active Military Member, or their spouse, shall
designate a Home State where the individual has a current
license in good standing. The individual may retain the Home
State designation during the period the service member is on
active duty.
B. An Active Military Member and their spouse shall not be
required to pay to the Commission for a Compact Privilege any
fee that may otherwise be charged by the Commission. If a Remote
State chooses to charge a fee for a Compact Privilege, it may
choose to charge a reduced fee or no fee to an Active Military
Member and their spouse for a Compact Privilege.
SECTION 6. ADVERSE ACTIONS
A. A Member State in which a Licensee is licensed shall have
authority to impose Adverse Action against the license issued by
that Member State.
B. A Member State may take Adverse Action based on
Significant Investigative Information of a Remote State or the
Home State, so long as the Member State follows its own
procedures for imposing Adverse Action.
C. Nothing in this Compact shall override a Member State's
decision that participation in an Alternative Program may be
used in lieu of Adverse Action and that such participation shall
remain non-public if required by the Member State's laws.
D. A Remote State shall have the authority to:
1. Take Adverse Actions as set forth herein against a
Licensee's Compact Privilege in that State;
2. Issue subpoenas for both hearings and investigations
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that require the attendance and testimony of witnesses, and
the production of evidence.
a. Subpoenas may be issued by a Respiratory Therapy
Licensing Authority in a Member State for the attendance
and testimony of witnesses and the production of
evidence.
b. Subpoenas issued by a Respiratory Therapy
Licensing Authority in a Member State for the attendance
and testimony of witnesses shall be enforced in the
latter State by any court of competent jurisdiction in
the latter State, according to the practice and procedure
of that court applicable to subpoenas issued in
proceedings pending before it.
c. Subpoenas issued by a Respiratory Therapy
Licensing Authority in a Member State for production of
evidence from another Member State shall be enforced in
the latter State, according to the practice and procedure
of that court applicable to subpoenas issued in the
proceedings pending before it.
d. The issuing authority shall pay any witness fees,
travel expenses, mileage, and other fees required by the
service statutes of the State where the witnesses or
evidence are located;
3. Unless otherwise prohibited by State law, recover
from the Licensee the costs of investigations and disposition
of cases resulting from any Adverse Action taken against that
Licensee;
4. Notwithstanding subsection D.2., a Member State may
not issue a subpoena to gather evidence of conduct in another
Member State that is lawful in such other Member State for
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the purpose of taking Adverse Action against a Licensee's
Compact Privilege or application for a Compact Privilege in
that Member State; and
5. Nothing in this Compact authorizes a Member State to
impose discipline against a Respiratory Therapist's Compact
Privilege in that Member State for the individual's otherwise
lawful practice in another State.
E. Joint Investigations
1. In addition to the authority granted to a Member
State by its respective Respiratory Therapy Practice act or
other applicable state law, a Member State may participate
with other Member States in joint investigations of
Licensees, provided, however, that a Member State receiving
such a request has no obligation to respond to any subpoena
issued regarding an investigation of conduct or practice that
was lawful in a Member State at the time it was undertaken.
2. Member States shall share any Significant
Investigative Information, litigation, or compliance
materials in furtherance of any joint or individual
investigation initiated under the Compact. In sharing such
information between Member State Respiratory Therapy
Licensing Authorities, all information obtained shall be kept
confidential, except as otherwise mutually agreed upon by the
sharing and receiving Member State(s).
F. Nothing in this Compact may permit a Member State to take
any Adverse Action against a Licensee or holder of a Compact
Privilege for conduct or practice that was legal in the Member
State at the time it was undertaken.
G. Nothing in this Compact may permit a Member State to take
disciplinary action against a Licensee or holder of a Compact
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Privilege for conduct or practice that was legal in the Member
State at the time it was undertaken.
SECTION 7. ESTABLISHMENT OF THE RESPIRATORY CARE INTERSTATE
COMPACT COMMISSION
A. The Compact Member States hereby create and establish a
joint government agency whose membership consists of all Member
States that have enacted the Compact known as the Respiratory
Care Interstate Compact Commission. The Commission is an
instrumentality of the Compact 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) Commissioner selected by that Member State's Respiratory
Therapy Licensing Authority.
2. The Commissioner shall be an administrator or their
designated staff member of the Member State's Respiratory
Therapy Licensing Authority.
3. The Commission shall by Rule or bylaw establish a
term of office for Commissioners and may by Rule or bylaw
establish term limits.
4. The Commission may recommend to a Member State the
removal or suspension of any Commissioner from office.
5. A Member State's Respiratory Therapy Licensing
Authority shall fill any vacancy of its Commissioner
occurring on the Commission within sixty (60) days of the
vacancy.
6. Each Commissioner shall be entitled to one vote on
all matters before the Commission requiring a vote by
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Commissioners.
7. A Commissioner shall vote in person or by such other
means as provided in the bylaws. The bylaws may provide for
Commissioners to meet by telecommunication, videoconference,
or other means of communication.
8. The Commission shall meet at least once during each
calendar year. Additional meetings may be held as set forth
in the bylaws.
C. The Commission shall have the following powers:
1. Establish and amend the fiscal year of the
Commission;
2. Establish and amend bylaws and policies, including
but not limited to, a code of conduct and conflict of
interest;
3. Establish and amend Rules, which shall be binding in
all Member States;
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 conduct legal proceedings or actions in
the name of the Commission, provided that the standing of any
Respiratory Therapy Licensing Authority to sue or be sued
under applicable law shall not be affected;
7. Maintain and certify records and information provided
to a Member State as the authenticated business records of
the Commission, and designate an agent to do so on the
Commission's behalf;
8. Purchase and maintain insurance and bonds;
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9. Accept or contract for services of personnel,
including, but not limited to, employees of a Member State;
10. Conduct an annual financial review;
11. Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals
appropriate authority to carry out the purposes of the
Compact, and establish the Commission's personnel policies
and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel
matters;
12. Assess and collect fees;
13. Accept any and all appropriate gifts, donations,
grants of money, other sources of revenue, equipment,
supplies, materials, and services, and receive, utilize, and
dispose of the same, provided that at all times:
a. The Commission shall avoid any appearance of
impropriety; and
b. The Commission shall avoid any appearance of
conflict of interest;
14. Lease, purchase, retain, own, hold, improve, or use
any property, real, personal, or mixed, or any undivided
interest therein;
15. Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real, personal,
or mixed;
16. Establish a budget and make expenditures;
17. Borrow money in a fiscally responsible manner;
18. Appoint committees, including standing committees,
composed of Commissioners State regulators, State legislators
or their representatives, and consumer representatives, and
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such other interested persons as may be designated in this
Compact and the bylaws;
19. Provide and receive information from, and cooperate
with, law enforcement agencies;
20. Establish and elect an Executive Committee,
including a chair, vice-chair, secretary, treasurer, and such
other offices as the Commission shall establish by Rule or
bylaw;
21. Enter into contracts or arrangements for the
management of the affairs of the Commission;
22. Determine whether a State's adopted language is
materially different from the Model Compact language such
that the State would not qualify for participation in the
Compact; and
23. Perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact.
D. The Executive Committee
1. The Executive Committee shall have the power to act
on behalf of the Commission according to the terms of this
Compact. The powers, duties, and responsibilities of the
Executive Committee shall include:
a. Overseeing 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. 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
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appropriately provided, including by contract;
d. Preparing and recommending the budget;
e. Maintaining financial records on behalf of the
Commission;
f. Monitoring Compact compliance of Member States
and providing compliance reports to the Commission;
g. Establishing additional committees as necessary;
h. Exercising 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. Performing other duties as provided in the Rules
or bylaws of the Commission.
2. The Executive Committee shall be composed of up to
nine (9) members, as further set forth in the bylaws of the
Commission:
a. Seven (7) voting members who are elected by the
Commission from the current membership of the Commission;
and
b. Two (2) ex-officio, non-voting members.
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.4
below;
b. The Executive Committee shall give advance notice
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of its meetings, posted on its website and as determined
to provide notice to persons with an interest in the
business of the Commission; and
c. The Executive Committee may hold a special
meeting in accordance with subsection F.2 below.
E. The Commission shall adopt and provide to the Member
States an annual report.
F. Meetings of the Commission
1. All meetings of the Commission that are not closed
pursuant to subsection 7.F.4 shall be open to the public.
Notice of public meetings shall be posted on the Commission's
website at least thirty (30) days prior to the public
meeting.
2. Notwithstanding subsection 7.F.1, the Commission may
convene an emergency public meeting by providing at least
twenty-four (24) hours prior notice on the Commission's
website, and any other means as provided in the Commission's
Rules, for any of the reasons it may dispense with notice of
proposed rulemaking under subsection 9.G. The Commission's
legal counsel shall certify that one of the reasons
justifying an emergency public meeting has been met.
3. Notice of all Commission meetings shall provide the
time, date, and location of the meeting, and if the meeting
is to be held or accessible via telecommunication, video
conference, or other electronic means, the notice shall
include the mechanism for access to the meeting.
4. The Commission or the Executive Committee may convene
in a closed, nonpublic meeting for the Commission or
Executive Committee to receive or solicit legal advice or to
discuss:
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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 or
Compact Privilege holder by the Commission or by a Member
State's Respiratory Therapy Licensing Authority;
d. Current, threatened, or reasonably anticipated
litigation;
e. Negotiation of contracts for the purchase, lease,
or sale of goods, services, or real estate;
f. Accusing any person of a crime or formally
censuring any person;
g. Trade secrets or commercial or financial
information that is privileged or confidential;
h. Information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of
personal privacy;
i. Investigative records compiled for law
enforcement purposes;
j. Information related to any investigative reports
prepared by or on behalf of or for use of the Commission
or other committee charged with responsibility of
investigation or determination of compliance issues
pursuant to the Compact;
k. Legal advice;
l. Matters specifically exempted from disclosure by
federal or Member State law; or
m. Other matters as promulgated by the Commission by
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Rule.
5. If a meeting, or portion of a meeting, is closed, the
presiding officer shall state that the meeting will be closed
and reference each relevant exempting provision, and such
reference shall be recorded in the minutes.
6. The Commission shall keep minutes in accordance with
Commission Rules and bylaws. 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 herein.
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 Compact
Privilege to cover the cost of the operations and activities
of the Commission and its staff. The aggregate annual
assessment amount for Member States, if any, 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 or a loan 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
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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. Nothing herein shall be construed as a limitation on
the liability of any Licensee for professional malpractice or
misconduct, which shall be governed solely by any other
applicable state laws.
2. The Member States, Commissioners, officers, executive
directors, employees, and agents 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 subsection
shall be construed to protect any such person from suit or
liability for any damage, loss, injury, or liability caused
by the intentional or willful or wanton misconduct of that
person. The procurement of insurance of any type by the
Commission shall not in any way compromise or limit the
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immunity granted hereunder.
3. The Commission shall defend any Commissioner,
officer, executive director, employee, and agent 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.
4. The Commission shall indemnify and hold harmless any
Commissioner, member, officer, executive director, employee,
and agent 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.
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
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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. DATA SYSTEM
A. The Commission shall provide for the development,
maintenance, operation, and utilization of a coordinated
database and reporting system containing licensure, Adverse
Action, and the presence of Significant Investigative
Information.
B. Notwithstanding any other provision of State law to the
contrary, a Member State shall submit a uniform data set to the
Data System as required by the Rules of the Commission,
including but not limited to:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a Licensee, license
applicant, or Compact Privilege holder 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 current Significant Investigative
Information; and
7. Other information that may facilitate the
administration of this Compact or the protection of the
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public, as determined by the Rules of the Commission.
C. No Member State shall submit any information which
constitutes criminal history record information, as defined by
applicable federal law, to the Data System established
hereunder.
D. The records and information provided to a Member State
pursuant to this Compact or through the Data System, when
certified by the Commission or an agent thereof, shall
constitute the authenticated business records of the Commission,
and shall be entitled to any associated hearsay exception in any
relevant judicial, quasi-judicial or administrative proceedings
in a Member State.
E. Significant Investigative Information pertaining to a
Licensee in any Member State will only be available to other
Member States.
F. It is the responsibility of the Member States to report
any Adverse Action against a Licensee and to monitor the
database to determine whether Adverse Action has been taken
against a Licensee. Adverse Action information pertaining to a
Licensee in any Member State will be available to any other
Member State.
G. Member States contributing information to the Data System
may designate information that may not be shared with the public
without the express permission of the contributing State.
H. Any information submitted to the Data System that is
subsequently expunged pursuant to federal law or the laws of the
Member State contributing the information shall be removed from
the Data System.
SECTION 9. RULEMAKING
A. The Commission shall promulgate reasonable Rules in order
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to effectively and efficiently implement and administer the
purposes and provisions of the Compact. A Rule shall be invalid
and have no force or effect only if a court of competent
jurisdiction holds that the Rule is invalid because the
Commission exercised its rulemaking authority in a manner that
is beyond the scope and purposes of the Compact, or the powers
granted hereunder, or based upon another applicable standard of
review.
B. For purposes of the Compact, the Rules of the Commission
shall have the force of law in each Member State.
C. The Commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this section and the Rules
adopted thereunder. Rules shall become binding as of the date
specified in each Rule.
D. If a majority of the legislatures of the Member States
rejects a Rule or portion of a Rule, by enactment of a statute
or resolution in the same manner used to adopt the Compact
within four (4) years of the date of adoption of the Rule, then
such Rule shall have no further force and effect in any Member
State.
E. Rules shall be adopted at a regular or special meeting of
the Commission.
F. Prior to adoption of a proposed Rule, the Commission
shall hold a public hearing and allow persons to provide oral
and written comments, data, facts, opinions, and arguments.
G. Prior to adoption of a proposed Rule by the Commission,
and at least thirty (30) days in advance of the meeting at which
the Commission will hold a public hearing on the proposed Rule,
the Commission shall provide a notice of proposed rulemaking:
1. On the website of the Commission or other publicly
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accessible platform;
2. To persons who have requested notice of the
Commission's notices of proposed rulemaking, and
3. In such other way(s) as the Commission may by Rule
specify.
H. The notice of proposed rulemaking shall include:
1. The time, date, and location of the public hearing at
which the Commission will hear public comments on the
proposed Rule and, if different, the time, date, and location
of the meeting where the Commission will consider and vote on
the proposed Rule;
2. If the hearing is held via telecommunication, video
conference, or other electronic means, the Commission shall
include the mechanism for access to the hearing in the notice
of proposed rulemaking;
3. The text of the proposed Rule and the reason
therefor;
4. A request for comments on the proposed Rule from any
interested person; and
5. The manner in which interested persons may submit
written comments.
I. All hearings will be recorded. A copy of the recording
and all written comments and documents received by the
Commission in response to the proposed Rule shall be available
to the public.
J. Nothing in this section shall be construed as requiring a
separate hearing on each Rule. Rules may be grouped for the
convenience of the Commission at hearings required by this
section.
K. The Commission shall, by majority vote of all
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Commissioners, take final action on the proposed Rule based on
the rulemaking record and the full text of the Rule.
1. The Commission may adopt changes to the proposed Rule
provided the changes are consistent with the original purpose
of the proposed Rule.
2. The Commission shall provide an explanation of the
reasons for substantive changes made to the proposed Rule as
well as reasons for substantive changes not made that were
recommended by commenters.
3. The Commission shall determine a reasonable effective
date for the Rule. Except for an emergency as provided in
Section 9.L, the effective date of the Rule shall be no
sooner than thirty (30) days after issuing the notice that it
adopted or amended the Rule.
L. Upon determination that an emergency exists, the
Commission may consider and adopt an emergency Rule with twenty-
four (24) hours' notice, and with opportunity to comment,
provided that the usual rulemaking procedures provided in the
Compact and in this section shall be retroactively applied to
the Rule as soon as reasonably possible, in no event later than
ninety (90) days after the effective date of the Rule. For the
purposes of this provision, an emergency Rule is one that must
be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or
welfare;
2. Prevent a loss of Commission or Member State funds;
3. Meet a deadline for the promulgation of a Rule that
is established by federal law or Rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the
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Commission may direct revisions to a previously adopted Rule for
purposes of correcting typographical errors, errors in format,
errors in consistency, or grammatical errors. Public notice of
any revisions shall be posted on the website of the Commission.
The revision shall be subject to challenge by any person for a
period of thirty (30) days after posting. The revision may be
challenged only on grounds that the revision results in a
material change to a Rule. A challenge shall be made in writing
and delivered to the Commission prior to the end of the notice
period. If no challenge is made, the revision will take effect
without further action. If the revision is challenged, the
revision may not take effect without the approval of the
Commission.
N. No Member State's rulemaking process or procedural
requirements shall apply to the Commission.
1. The Commission shall have no authority over any
Member State's rulemaking process or procedural requirements
that do not pertain to the Compact.
O. Nothing in this Compact, nor any Rule or regulation of
the Commission, shall be construed to limit, restrict, or in any
way reduce the ability of a Member State to enact and enforce
laws, regulations, or other Rules related to the Practice of
Respiratory Therapy in that State, where those laws,
regulations, or other Rules are not inconsistent with the
provisions of this Compact.
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive and judicial branches of State
government in each Member State shall enforce this Compact
and take all actions necessary and appropriate to implement
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the Compact.
2. Venue is proper and judicial proceedings by or
against the Commission shall be brought solely and
exclusively in a court of competent jurisdiction where the
principal office of the Commission is located. The Commission
may waive venue and jurisdictional defenses to the extent it
adopts or consents to participate in alternative dispute
resolution proceedings. Nothing herein shall affect or limit
the selection or propriety of venue in any action against a
Licensee for professional malpractice, misconduct or any such
similar matter.
3. The Commission shall be entitled to receive service
of process in any proceeding regarding the enforcement or
interpretation of the Compact and shall have standing to
intervene in such a proceeding for all purposes. Failure to
provide the Commission service of process shall render a
judgment or order void as to the Commission, this Compact, or
promulgated Rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Member State has
defaulted in the performance of its obligations or
responsibilities under this Compact or the promulgated Rules,
the Commission shall provide written notice to the defaulting
State. The notice of default shall describe the default, the
proposed means of curing the default, and any other action
that the Commission may take, and shall offer training and
specific technical assistance regarding the default.
2. The Commission shall provide a copy of the notice of
default to the other Member States.
C. If a State in default fails to cure the default, the
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defaulting State may be terminated from the Compact upon an
affirmative vote of a majority of the Commissioners of the
Member States, and all rights, privileges and benefits conferred
on that State by this Compact may be terminated on the effective
date of termination. A cure of the default does not relieve the
offending State of obligations or liabilities incurred during
the period of default.
D. Termination of membership in the Compact shall be imposed
only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be
given by the Commission to the governor, the majority and
minority leaders of the defaulting State's legislature, the
defaulting State's Respiratory Therapy Licensing Authority and
each of the Member States' Respiratory Therapy 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, if necessary.
F. Upon the termination of a State's membership from this
Compact, that State shall immediately provide notice to all
Licensees and Compact Privilege holders (of which the Commission
has a record) within that State of such termination. The
terminated State shall continue to recognize all licenses
granted pursuant to this Compact for a minimum of one hundred
eighty (180) days after the date of said notice of termination.
G. The Commission shall not bear any costs related to a
State that is found to be in default or that has been terminated
from the Compact, unless agreed upon in writing between the
Commission and the defaulting State.
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H. The defaulting State may appeal the action of the
Commission by petitioning the U.S. District Court for the
District of Columbia or the federal district where the
Commission has its principal offices. The prevailing party shall
be awarded all costs of such litigation, including reasonable
attorney's fees.
I. Dispute Resolution
1. Upon request by a Member State, the Commission shall
attempt to resolve disputes related to the Compact that arise
among Member States and between Member and non-Member States.
2. The Commission shall promulgate a Rule providing for
both mediation and binding dispute resolution for disputes,
as appropriate.
J. Enforcement
1. By majority vote, as may be further 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.
A Member State by enactment of this Compact consents to venue
and jurisdiction in such court for the purposes set forth
herein. 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
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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.
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 ("Effective Date").
1. On or after the Effective Date of the Compact, the
Commission shall convene and review the enactment of each of
the first seven Member States ("Charter Member States") to
determine if the statute enacted by each such Charter Member
State is materially different than the Model Compact.
a. A Charter Member State whose enactment is found
to be materially different from the Model Compact 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
seven initial Charter Member States shall be subject to the
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process set forth herein and Commission Rule to determine if
their enactments are materially different from the Model
Compact 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. The Commission shall own and have all rights
to any intellectual property developed on behalf or in
furtherance of the Commission by individuals or entities
involved in organizing or establishing the Commission, as may
be further set forth in Rules of the Commission.
4. Any State that joins the Compact subsequent to the
Commission's initial adoption of the Rules and bylaws shall
be subject to the Rules and bylaws as they exist on the date
on which the Compact becomes law in that State. Any Rule that
has been previously adopted by the Commission shall have the
full force and effect of law on the date the Compact becomes
law in that State.
B. Any Member State may withdraw from this Compact by
enacting a statute repealing the same.
1. A Member State's withdrawal shall not take effect
until one hundred eighty (180) days after enactment of the
repealing statute.
2. Withdrawal shall not affect the continuing
requirement of the withdrawing State's Respiratory Therapy
Licensing Authority to comply with the investigative and
Adverse Action reporting requirements of this Compact prior
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to the effective date of withdrawal.
3. Upon the enactment of a statute withdrawing from this
Compact, a State shall immediately provide notice of such
withdrawal to all Licensees and Compact Privilege holders (of
which the Commission has a record) 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 contained in this Compact shall be construed to
invalidate or prevent any licensure agreement or other
cooperative arrangement between a Member State and a non-Member
State that does not conflict with the provisions of this
Compact.
D. This Compact may be amended by the Member States. No
amendment to this Compact shall become effective and binding
upon any Member State until it is enacted into the laws of all
Member States.
SECTION 12. CONSTRUCTION AND SEVERABILITY
A. This Compact and the Commission's rulemaking authority
shall be liberally construed so as to effectuate the purposes
and the implementation and administration of the Compact.
Provisions of the Compact expressly authorizing or requiring the
promulgation of Rules shall not be construed to limit the
Commission's rulemaking authority solely for those purposes.
B. The provisions of this Compact shall be severable, and if
any phrase, clause, sentence or provision of this Compact is
held by a court of competent jurisdiction to be contrary to the
constitution of any Member State, a State seeking participation
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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, terminate a
Member State's participation in the Compact, if it determines
that a constitutional requirement of a Member State is a
material departure from the Compact. Otherwise, if this Compact
shall be held to be contrary to the constitution of any Member
State, the Compact shall remain in full force and effect as to
the remaining Member States and in full force and effect as to
the Member State affected as to all severable matters.
SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE
LAWS
A. Nothing herein shall prevent or inhibit the enforcement
of any other law of a Member State that is not inconsistent with
the Compact.
B. Any laws, statutes, regulations, or other legal
requirements in a Member State in conflict with the Compact are
superseded to the extent of the conflict, including any
subsequently enacted State laws.
C. All permissible agreements between the Commission and the
Member States are binding in accordance with their terms.
D. Other than as expressly set forth herein, nothing in this
Compact will impact initial licensure.
Section 3. Operation.
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(a) Conditions.--When the Governor executes the Respiratory
Care Interstate Compact on behalf of this State and files a
verified copy with the Secretary of the Commonwealth and when
the compact is ratified by one or more other states, districts
or territories of the United States, the compact shall become
operative and effective between this State and the other states,
districts or territories of the United States. The Governor is
authorized and directed to take action as may be necessary to
complete the exchange of official documents between this State
and any other state, district or territory of the United States
ratifying the compact.
(b) Notice in Pennsylvania Bulletin.--The Secretary of the
Commonwealth shall transmit notice to the Legislative Reference
Bureau for publication in the next available issue of the
Pennsylvania Bulletin when the conditions specified in
subsection (a) are satisfied. The notice shall include the date
on which the compact became effective and operative between this
State and any other states, districts or territories of the
United States in accordance with this act.
Section 4. Compensation and expenses of compact commissioner.
A compact commissioner who represents this State, as provided
for in section 7 of the Respiratory Care Interstate Compact,
shall not be entitled to any additional compensation for the
duties and responsibilities as compact commissioner but shall be
entitled to reimbursement for reasonable expenses actually
incurred in connection with the duties and responsibilities as
compact commissioner in the same manner as for expenses incurred
in connection with other duties and responsibilities of the
individual's office or employment.
Section 5. Effective date.
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This act shall take effect in one year.
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