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

PRINTER'S NO. 1656
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1312
Session of
2026
INTRODUCED BY BAKER, BROWN, J. WARD, SANTARSIERO, PENNYCUICK,
COMITTA, COLLETT, FLYNN, VOGEL, CAPPELLETTI, ARGALL AND YAW,
APRIL 29, 2026
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
APRIL 29, 2026
AN ACT
Authorizing the Commonwealth of Pennsylvania to join the
Athletic Trainer Interstate Compact; providing for the form
of the compact; and imposing additional powers and duties on
the Governor and the Secretary of the Commonwealth.
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 Athletic
Trainer Interstate Compact 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 the compact:
ATHLETIC TRAINER COMPACT
SECTION 1. TITLE AND PURPOSE
This statute shall be known and cited as the Athletic Trainer
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Compact. The purposes of this compact are to expand mobility of
Athletic Training practice and improve public access to services
by providing qualified Licensed Athletic Trainers the ability to
practice in other Member States. This compact preserves the
regulatory authority of states to protect public health and
safety through the current system of State licensure.
This compact is designed to achieve the following objectives:
A. Increase public access to Athletic Training and enhance
continuity of care by providing for the mutual recognition of
other Licenses issued by Member States;
B. Provide an additional streamlined opportunity for
interstate practice by Licensed Athletic Trainers who meet
compact uniform requirements;
C. Promote mobility and workforce development by eliminating
the necessity for Licenses in multiple States by providing for
the mutual recognition of other Licenses issued by Member
States;
D. Reduce administrative burdens on Licensed Athletic
Trainers and Member States;
E. Enhance the States' ability to protect the public's
health and safety;
F. Encourage the cooperation of Member States in regulating
interstate practice of Licensed Athletic Trainers;
G. Support relocating Active Military Members and their
spouses;
H. Enhance the exchange of licensure, investigative, and
disciplinary information among Member States;
I. Allow for the use of telehealth to facilitate increased
access to Athletic Training services;
J. Support the uniformity of Licensed Athletic Trainer
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licensure requirements throughout the States;
K. Affirm the authority of all Member States to hold a
Licensed Athletic Trainer accountable for abiding by the Scope
of Practice in the State in which the patient is located at the
time of care; and
L. Require adherence to the Model Compact Language in order
to promote uniformity and ensure that all Member States have
accepted and are mutually obligated to the same terms.
SECTION 2. DEFINITIONS
As used in this compact, unless the context requires
otherwise, the following definitions shall apply:
A. "Active Military Member" means any individual with full-
time duty status in the active armed forces of the United
States, including members of the National Guard and Reserve.
B. "Adverse Action" means any administrative, civil,
equitable or criminal action permitted by a State's laws which
is imposed by a Licensing Authority or other authority against a
Licensee, including actions against an individual's License or
Compact Privilege such as revocation, suspension, probation,
monitoring of the Licensee, limitation on the Licensee's
practice, or any other Encumbrance on licensure affecting a
Licensee's authorization to practice.
C. "Alternative Program" means a non-disciplinary monitoring
or practice remediation process applicable to an Athletic
Trainer approved by a State Licensing Authority of a Member
State in which the Athletic Trainer is licensed. This includes,
but is not limited to, programs to which Licensees with
substance use, addiction, or mental health conditions are
referred in lieu of Adverse Action.
D. "Athletic Training" means the prevention, examination,
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assessment, treatment and rehabilitation of emergent, acute, or
chronic injuries and medical conditions as defined by applicable
Member State laws and regulations.
E. "Athletic Trainer Compact Commission" or "Compact
Commission" means the government agency whose membership
consists of all States that have enacted this compact, as
described herein and which shall operate as an instrumentality
of the Member States to administer and implement the compact
according to its terms.
F. "BOC" means the Board of Certification, Inc. or any
successor organization thereto.
G. "CAATE" means the Commission on Accreditation of Athletic
Training Education or any successor organization thereto.
H. "Charter Member State" means any Member State which
enacted and made effective this compact by law before the
compact effective date specified herein.
I. "Commissioner" means the individual appointed by a Member
State to serve as the member of the Commission for that Member
State.
J. "Compact Privilege" means the legal authorization granted
by a Remote State, equivalent to a License, allowing a Licensee
from another Member State to provide Athletic Training services
in a Remote State.
K. "Compact Qualifying License" means a License that is not
an Encumbered License issued by a Member State to practice
Athletic Training which qualifies the Licensee to exercise a
Compact Privilege pursuant to Section 4 of this compact.
L. "Continuing Competence" means a requirement, as a
condition of License renewal, to provide evidence of successful
participation, and completion of, educational and professional
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activities relevant to practice or area of work. For purposes of
this compact, evidence of active BOC certification may satisfy
the meaning of Continuing Competence as set forth herein.
M. "Current Significant Investigative Information" means the
existence of:
1. Investigative Information that a Licensing Authority,
after a preliminary inquiry that includes notification and an
opportunity for the subject Licensee to respond, if required
by State law, has reason to believe is not groundless and, if
proven true, would indicate more than a minor infraction; or
2. Investigative Information that indicates that the
subject Licensee represents an immediate threat to public
health and safety regardless of whether the subject Licensee
has been notified and had an opportunity to respond.
N. "Criminal Background Check" means the submission of
fingerprints or other biometric-based information for a License
applicant for the purpose of obtaining that applicant's criminal
history record information, as defined in 28 C.F.R. § 20.3(d)
from the Federal Bureau of Investigation and the State's
criminal history record repository as defined in 28 C.F.R. §
20.3(f).
O. "Data System" means the Commission's repository of
information about Licensees, including but not limited to
examination, licensure, investigative, Compact Privilege,
Adverse Action, and Alternative Program.
P. "Encumbrance" or "Encumbered" means a revocation or
suspension of, or any limitation or condition on, the full and
unrestricted practice of Athletic Training.
Q. "Executive Committee" means a group of commissioners
elected or appointed to act on behalf of, and within the powers
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granted to them by, the compact and Commission.
R. "Investigative Information" means information, records,
and documents received or generated by a Licensing Authority
pursuant to an investigation.
S. "Jurisprudence Requirement" means the assessment of an
individual's knowledge of the laws and Rules governing the
practice of Athletic Training, as applicable, in a State.
T. "License" means current authorization by a Member State
to engage in the practice of Athletic Training.
U. "Licensee" or "Licensed Athletic Trainer" means an
individual who currently holds an active, unrestricted License
and who meets all of the requirements outlined in Section 4 of
this compact.
V. "Licensing Authority" means the board or agency of a
State, or equivalent, that is responsible for the licensing and
regulation of Athletic Trainers.
W. "Model Compact Language" the model language for the
Athletic Trainer Compact on file with The Council of State
Governments or other entity as designated by the Commission to
which all Member States must substantively adhere and adopt.
X. "Member State" means a State that has enacted the
compact.
Y. "Remote State" means a Member State other than the State
of Qualifying Licensure.
Z. "Rule" means a regulation promulgated by an authorized
entity that has the force of law.
AA. "Scope of Practice" means the procedures, actions, and
processes an Athletic Trainer licensed in a State is permitted
to undertake in that State and the circumstances under which the
Licensee is permitted to undertake those procedures, actions and
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processes. Such procedures, actions and processes and the
circumstances under which they may be undertaken may be
established through means, including, but not limited to,
statute, regulations, case law, and other processes available to
the State Licensing Authority or other government agency. Scope
of Practice shall include any State requirements regarding
supervision or direction, if required by such State and as
further defined by such State's statutes and regulations.
BB. "Single State License" means a License issued by any
State that authorizes practice only within the issuing State.
CC. "State" means any state, commonwealth, district, or
territory of the United States of America.
DD. "State of Qualifying Licensure" means the Member State
who has issued a Compact Qualifying License to a Licensee
pursuant to this compact.
EE. "Unencumbered License" means a License that authorizes a
Licensee to engage in the full and unrestricted practice of
Athletic Training.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To be eligible to join this compact and to maintain
eligibility as a Member State, a State must:
1. Enact and maintain a statute that is not materially
different from the Model Compact Language;
2. License and regulate the practice of Athletic
Training;
3. Require that Licensees in that State maintain
Continuing Competence standards as part of their State
practice act or Rules;
4. Have a mechanism in place for receiving and
investigating complaints about Licensees;
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5. Grant the Compact Privilege to a Licensee who meets
all the requirements outlined in Section 4 in accordance with
the terms of the compact and any Rules promulgated
thereunder;
6. Participate fully in the Compact Commission's Data
System, including using the unique identifier as defined in
Rules;
7. Notify the Compact Commission, in compliance with the
terms of the Compact and Rules, of any Adverse Action or the
availability of Current Significant Investigative Information
regarding a Licensee;
8. Within a time frame established by Rule, implement or
utilize procedures for considering the criminal history
records of applicants for a Compact Qualifying License which
includes receiving the results of the Federal Bureau of
Investigation record search and shall use those results in
making licensure decisions. These procedures shall include
the submission of fingerprints or other biometric-based
information by applicants for the purpose of obtaining an
applicant's criminal history record information from the
Federal Bureau of Investigation and the agency responsible
for retaining that State's criminal records; and
a. A Member State must fully implement a Criminal
Background Check requirement in order to participate in
the issuance and acceptance of Compact Privileges.
b. Communication between a Member State and the
Compact Commission or among Member States regarding the
verification of eligibility for licensure through the
compact shall not include any information received from
the Federal Bureau of Investigation relating to a federal
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criminal records check performed by a Member State.
9. Comply with and enforce the Rules of the Compact
Commission.
B. Member States may set and collect a fee for issuance and
renewal of a Compact Privilege to applicants.
C. Individuals without a Compact Qualifying License shall
continue to be able to apply for a Member State's Single-State
License as provided under the laws of each Member State.
D. Nothing in this compact shall affect the requirements
established by a Member State for the issuance of a Single State
License.
E. A Compact Qualifying License shall be recognized by each
Remote State as authorizing that Licensee to engage in the
practice of Athletic Training, under a Compact Privilege, in
another Member State in accordance with the requirements in
Section 4.
SECTION 4. COMPACT PRIVILEGE
A. To be eligible for a Compact Privilege under the terms
and provisions of the compact, the Licensee shall complete a
Criminal Background Check performed by the Licensing Authority
in the State of Qualifying Licensure prior to entry in the
compact and shall:
1. Satisfy one of the following two pathways:
a. Hold a valid current active certification through
the BOC, or its successor organization; or
b. If a Licensee does not meet the requirements of
4.A.1.a., the following must be completed:
i. An education program which is either:
1. At least a bachelor's degree with a major
course of study in Athletic Training, or an
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equivalent course of study from a college or
university accredited at the time of graduation
by CAATE, or its successor organization;
2. An academic degree from a college or
university in a foreign country equivalent to the
degree described in subparagraph 1 of this
subsection with a major course of study as
described in subparagraph 1 of this subsection
that is accredited by CAATE, or its successor
organization; or
3. The substantial equivalent of the
foregoing which the Commission may determine by
Rule.
ii. Successful completion of the exam
administered by the BOC, or its successor
organization, preceding the date of the Licensee's
application for Licensure in their State of
Qualifying Licensure or the substantial equivalent of
the foregoing requirement which the Commission may
determine by Rule.
2. Hold a Compact Qualifying License;
3. Have not had any Encumbrance against any license or
Compact Privilege to practice Athletic Training within the
previous two (2) years;
4. Be eligible for a Compact Privilege in any Member
State in accordance with Section 4;
5. Notify the Compact Commission that the Licensee is
seeking the Compact Privilege within a Remote State(s);
6. Pay any applicable fees, including any State fee, for
the Compact Privilege;
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7. Meet only the Continuing Competence requirements
established by the State of Qualifying Licensure;
8. Comply with any requirements of the State of
Qualifying Licensure as set forth in Section 3;
9. Meet any Jurisprudence Requirements established by
the Remote State(s) in which the Licensee is seeking a
Compact Privilege; and
10. Report to the Compact Commission any Adverse Action,
Encumbrance, or restriction on a license taken by any non-
Member State within 30 days from the date the action is
taken.
B. The Compact Privilege is valid until the expiration date
of the Compact Qualifying License. To maintain a Compact
Privilege, renewal of the Compact Privilege shall be congruent
with the renewal of the Compact Qualifying License as the
Compact Commission may define by Rule. The Licensee must comply
with the requirements of this section to maintain the Compact
Privilege in the Remote State. A Licensee may apply for and hold
Compact Privileges in multiple Member States.
C. A Licensed Athletic Trainer must follow the Scope of
Practice of the Member State where the patient is located. A
Licensee engaging in the practice of Athletic Training in a
Remote State under the Compact Privilege shall adhere to the
Scope of Practice laws and regulations of the Remote State.
Licensees shall be responsible for educating themselves on, and
complying with, any and all Scope of Practice laws and
regulations State laws relating to the remote practice of
Athletic Training, as applicable.
D. A Licensee engaging in the practice of Athletic Training
in a Remote State is subject to that State's regulatory
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authority. A Remote State may, in accordance with due process
and that State's laws, remove a Licensee's Compact Privilege in
the Remote State for a specific period of time, impose fines, or
take any other necessary actions to protect the health and
safety of its citizens. Any Member State which undertakes such
an action shall promptly notify the Member State and the
Commission as specified in the Rules. The Licensee may be deemed
to be ineligible to exercise the Compact Privilege by any Member
State until the specific time for removal has passed and all
fines are paid.
E. All Member State disciplinary orders that impose Adverse
Action against a Compact Qualifying License shall result in
deactivation of the Licensee's Compact Privilege in all Member
States during the pendency of the order. If a Compact Qualifying
License is Encumbered, the Licensee shall lose the Compact
Privilege in any Remote State until the following occur:
1. The Compact Qualifying License is no longer
Encumbered; and
2. The Licensee has not had any Encumbrance or
restriction against any License, Compact Qualifying License
or Compact Privilege within the previous two (2) years.
F. Once an Encumbered License is restored to good standing
as a Compact Qualifying License (as certified by the Licensing
Authority), the Licensee must meet the requirements of this
section to obtain a Compact Privilege in any Remote State.
G. If a Licensee's Compact Privilege in any Remote State is
removed, that Licensee may also lose the Compact Privilege in
other Remote States, as each Member State shall determine in its
sole authority, until the following occur:
1. The specific period of time for which the Compact
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Privilege was removed has ended;
2. All fines have been paid; and
3. Have not had any Encumbrance or restriction against
any License or Compact Privilege within the previous two (2)
years.
H. Once the requirements of Section 4.G have been met, the
Licensee must meet the requirements in Section 4.A to obtain a
Compact Privilege in a Remote State.
SECTION 5. COMPACT QUALIFYING LICENSE
A. Licensee may only designate one License as their Compact
Qualifying License at a time. The procedures for such
designation may be further defined by Compact Commission Rule.
B. Nothing in this Section shall require that the State of
Qualifying Licensure be the State of primary residence or State
of primary practice for the Licensee.
C. Nothing in this Compact shall interfere with a Licensee's
ability to hold a Single State License in multiple States.
D. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a Single State
License.
SECTION 6. ACTIVE MILITARY MEMBER OF THEIR SPOUSES
An Active Military Member or their spouse shall not be
required to pay a fee to the Commission for a Compact Privilege.
If a Member State chooses to charge a Member State fee, it may
choose to charge a reduced fee or no fee to an Active Military
Member or their spouse for a Compact Privilege.
SECTION 7. ADVERSE ACTIONS
A. Member State in which a Licensee is issued a Compact
Qualifying License shall have the exclusive authority to impose
Adverse Action against the Compact Qualifying License issued by
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that Member State.
B. A Member State may take Adverse Action based on Current
Significant Investigative Information of a Remote State, so long
as the Member State follows its own procedures for imposing
Adverse Action.
C. Nothing in this compact shall override a Member State's
decision that participation in an Alternative Program may be
used in lieu of Adverse Action and that such participation shall
remain non-public if required by the Member State's laws or
Rules.
D. A Remote State shall have the authority to:
1. Take Adverse Actions as set forth herein against a
Licensee's Compact Privilege in that State; and
2. Issue subpoenas for both hearings and investigations
that require the attendance and testimony of witnesses as
well as the production of evidence.
a. Subpoenas may be issued by a Member State
Athletic Training Licensing Authority for the attendance
and testimony of witnesses and the production of
evidence.
b. A Member State which issues a subpoena may
request service of that subpoena by another Member State.
The Member State receiving the request to serve a
subpoena shall serve the subpoena if it is deemed
enforceable by a court of competent jurisdiction
according to the practice and procedure in the receiving
Member State.
c. The issuing authority shall pay any witness fees,
travel expenses, mileage, and other fees required by the
service statutes of the State where the witnesses or
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evidence are located.
E. For purposes of taking Adverse Action, a Member State
shall give the same priority and effect to reported conduct
received from another Member State as it would if the conduct
had occurred within that State. In so doing, the investigating
Member State shall apply its own State laws to determine
appropriate action.
F. A Member State, if otherwise permitted by State law, may
recover from the affected Licensee the costs of investigations
and dispositions of cases resulting from any Adverse Action
taken against that Licensee.
G. Joint Investigations:
1. In addition to the authority granted to a Member
State by its respective State law, any Member State may
participate with other Member States in joint investigations
of Licensees.
2. Member States shall share any Current Significant
Investigative Information, litigation, or compliance
materials in furtherance of any joint or individual
investigation initiated under the compact. In sharing such
information between Member State Athletic Trainer Licensing
Authorities, all information obtained shall be kept
confidential, except as otherwise mutually agreed upon by the
sharing and receiving Member State(s).
3. A Remote State may issue subpoenas on behalf of a
Member State for both hearings and investigations that
require the attendance and testimony of witnesses as well as
the production of evidence.
H. If a Member State takes Adverse Action, it shall promptly
notify the administrator of the Data System. The administrator
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of the Data System shall promptly notify all Member States of
any Adverse Actions by Remote States.
I. Nothing in this compact may permit a Member State to take
any Adverse Action against a Licensee or holder of a Compact
Privilege for conduct or practice occurring in another Member
State that was legal in the Member State at the time it was
undertaken.
SECTION 8. ESTABLISHMENT AND OPERATION OF THE COMMISSION
A. The compact Member States hereby create and establish a
joint government agency whose membership consists of all Member
States that have enacted the compact known as the Athletic
Trainer Licensure Compact Commission. The Compact Commission is
an instrumentality of the Member States acting jointly and not
an instrumentality of any one State. The Compact Commission
shall come into existence on or after the effective date of the
Compact as set forth in Section 12.
B. Membership, Voting, and Meetings
1. Each Member State shall have and be limited to one
(1) Commissioner selected by that Member State's Licensing
Authority within 60 days of the Member State's effective
date.
2. The Commissioner shall be an administrator or their
designated staff or current board member of the Licensing
Authority.
3. The Compact Commission may recommend removal or
suspension of any Commissioner from office.
4. A Member State's Licensing Authority shall fill any
vacancy of its Commissioner occurring on the Compact
Commission within 60 days of the vacancy.
5. Each Commissioner shall be entitled to one vote on
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all matters before the Compact Commission requiring a vote by
the Commissioners.
6. The Compact Commission shall meet at least once
during each calendar year. Additional meetings may be held as
set forth in the Commission bylaws. A Commissioner shall vote
in person or by such other means as provided in the bylaws.
The bylaws may provide for Commissioners to meet by
telecommunication, videoconference, or other means of
communication.
C. The Compact Commission shall have the following powers:
1. Promulgate, adopt, and amend Rules and bylaws;
2. Establish code of conduct, confidentiality, and
conflict of interest policies for Commissioners;
3. Establish the fiscal year of the Compact Commission;
4. Maintain its financial records in accordance with the
bylaws;
5. Purchase and maintain insurance and insurance bonds;
6. Accept, or contract for services of personnel,
including, but not limited to, employees of a Member State;
7. Conduct a financial review or audit;
8. Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals
appropriate authority to carry out the purposes of the
Compact, and establish the Compact Commission's personnel
policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel
matters;
9. Enter into contracts or arrangements for the
management of the affairs of the Commission;
10. Assess and collect fees;
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11. Accept any and all appropriate gifts, donations,
grants of money, other sources of revenue, equipment,
supplies, materials, and services, and receive, utilize, and
dispose of the same; provided that at all times the Compact
Commission shall avoid any appearance of impropriety or
conflict of interest;
12. Lease, purchase, retain, own, hold, improve, invest,
or use any property, real, personal, or mixed, or any
undivided interest therein;
13. Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real, personal,
or mixed;
14. Establish a budget and make expenditures;
15. Borrow and invest money;
16. Meet and take such actions as are consistent with
the provisions of this compact, the Compact Commission's
Rules, and the bylaws;
17. Initiate and conclude legal proceedings or actions
in the name of the Compact Commission, provided that the
standing of any Licensing Authority to sue or be sued under
applicable law shall not be affected;
18. Maintain and certify records and information
provided to a Member State as the authenticated business
records of the Compact Commission, and designate an agent to
do so on the Compact Commission's behalf;
19. Provide and receive information from, and cooperate
with, law enforcement agencies;
20. Determine whether a State's adopted language is
materially different from the Model Compact Language such
that the State would not qualify for participation in the
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compact;
21. Establish and elect an Executive Committee,
including a chair and a vice chair, secretary, treasurer, and
such other offices as the Commission shall establish by Rule
or bylaw;
22. Appoint committees, including standing committees,
composed of Member State Commissioners, State regulators,
State legislators or their representatives, and consumer
representatives, and such other interested persons as may be
designated in this compact and the bylaws; and
23. Perform such other functions as may be necessary or
appropriate to achieve the purposes of this compact.
D. The Executive Committee
1. The Executive Committee shall have the power to act
on behalf of the Compact Commission according to the terms of
this compact. The powers, duties, and responsibilities of the
Executive Committee shall include:
a. Exercise the powers and duties of the Compact
Commission during the interim between Compact Commission
meetings, except for adopting or amending Rules, adopting
or amending bylaws, and exercising any other powers and
duties expressly reserved to the Compact Commission by
Rule or bylaw;
b. Oversee the day-to-day activities of the
administration of the Compact including enforcement and
compliance with the provisions of the Compact, its Rules
and bylaws, and other such duties as deemed necessary;
c. Recommend to the Compact Commission changes to
the Rules or bylaws, changes to this compact legislation,
fees charged to Compact Member States, fees charged to
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Licensees, and other fees;
d. Ensure compact administration services are
appropriately provided, including by contract;
e. Prepare and recommend the budget;
f. Maintain financial records on behalf of the
Compact Commission;
g. Monitor compact compliance of Member States and
provide compliance reports to the Compact Commission;
h. Establish additional committees as necessary; and
i. Other duties as provided in the Rules or bylaws
of the Compact Commission.
2. The Executive Committee shall be composed of five
voting members, elected by the Compact Commission:
a. The chair and vice chair of the Compact
Commission, shall be voting members of the Executive
Committee;
b. The Compact Commission shall elect up to three
additional voting members from the current membership of
the Compact Commission to include the offices of
treasurer, secretary, and one member-at-large; and
c. Up to four (4) ex-officio, nonvoting members from
recognized national athletic trainer organizations.
3. The Compact Commission may remove any member of the
Executive Committee as provided in the Compact Commission's
bylaws.
4. The Executive Committee shall meet at least annually:
a. Executive Committee meetings shall be open to the
public, except that the Executive Committee may meet in a
closed, non-public meeting as provided in this section.
b. The Executive Committee shall give advance notice
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of its meetings, posted on its website and as determined
by rule or bylaw to provide notice to persons with an
interest in the business of the Compact Commission.
c. The Executive Committee may hold a special
meeting in accordance with this section.
E. The Compact Commission shall adopt and provide to the
Member States an annual report.
F. Meetings of the Compact Commission:
1. All meetings shall be open to the public, except that
the Compact Commission may meet in a closed, non-public
meeting as provided in this section.
2. Public notice for all meetings of the full Compact
Commission of meetings shall be given in the same manner as
required under the rulemaking provisions in this compact,
except that the Compact Commission may hold a special meeting
as provided in this section.
3. The Compact Commission may hold a special meeting
when it must meet to conduct emergency business by giving 24
hours' notice to all Commissioners, on the Compact
Commission's website, and other means as provided in the
Compact Commission's Rules. The Compact Commission's legal
counsel shall certify that the Compact Commission's need to
meet qualifies as an emergency.
4. The Compact Commission or the Executive Committee or
other committees of the Compact Commission may convene in a
closed, non-public meeting for the Compact Commission or
Executive Committee or other committees of the Compact
Commission to receive legal advice or to discuss:
a. Non-compliance of a Member State with its
obligations under the Compact;
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b. The employment, compensation, discipline or other
matters, practices or procedures related to specific
employees;
c. Current or threatened discipline of a Licensee by
a Member State's Licensing Authority;
d. Current, threatened, or reasonably anticipated
litigation;
e. Negotiation of contracts for the purchase, lease,
or sale of goods, services, or real estate;
f. Accusing any person of a crime or formally
censuring any person;
g. Trade secrets or commercial or financial
information that is privileged or confidential;
h. Information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of
personal privacy;
i. Investigative records compiled for law
enforcement purposes;
j. Information related to any investigative reports
prepared by or on behalf of or for use of the Compact
Commission or other committee charged with responsibility
of investigation or determination of compliance issues
pursuant to the compact;
k. Matters specifically exempted from disclosure by
federal or Member State law; or
l. Other matters as specified in Rules of the
Compact Commission.
5. If a meeting, or portion of a meeting, is closed, the
Compact Commission's legal counsel or designee shall certify
that the meeting will be closed and reference each relevant
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exempting provision, and such reference shall be recorded in
the minutes. All minutes and documents of a closed meeting
shall remain under seal, subject to release only by a
majority vote of the Compact Commission or order of a court
of competent jurisdiction.
G. Financing of the Compact Commission:
1. The Compact Commission shall pay, or provide for the
payment of, the reasonable expenses of its establishment,
organization, and ongoing activities.
2. The Compact Commission may accept any and all
appropriate revenue sources as provided in this section.
3. The Compact Commission may levy on and collect an
annual assessment from each Member State and impose fees on
Licensees of Member States to whom it grants a Compact
Privilege to cover the cost of the operations and activities
of the Compact Commission and its staff, which must be in a
total amount sufficient to cover its annual budget as
approved each year for which revenue is not provided by other
sources. The aggregate annual assessment amount for Member
States shall be allocated based upon a formula that the
Compact Commission shall promulgate by Rule.
4. The Compact Commission shall not incur obligations of
any kind prior to securing the funds or a loan adequate to
meet the same; nor shall the Compact Commission pledge the
credit of any of the Member States, except by and with the
authority of the Member State.
5. The Compact Commission shall keep accurate accounts
of all receipts and disbursements. The receipts and
disbursements of the Compact Commission shall be subject to
the financial review or audit and accounting procedures
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established under its bylaws. However, all receipts and
disbursements of funds handled by the Compact Commission
shall be subject to an annual financial review or audit by a
certified or licensed public accountant, and the report of
the financial review or audit shall be included in and become
part of the annual report of the Compact Commission.
H. Qualified Immunity, Defense, and Indemnification:
1. The members, officers, executive director, employees
and representatives of the Compact Commission shall be immune
from suit and liability, both personally and in their
official capacity, for any claim for damage to or loss of
property or personal injury or other civil liability caused
by or arising out of any actual or alleged act, error, or
omission that occurred, or that the person against whom the
claim is made had a reasonable basis for believing occurred
within the scope of Compact Commission employment, duties or
responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit or
liability for any damage, loss, injury, or liability caused
by the intentional or willful or wanton misconduct of that
person. The procurement of insurance of any type by the
Compact Commission shall not in any way compromise or limit
the immunity granted hereunder.
2. The Compact Commission shall defend any member,
officer, executive director, employee, and representative of
the Compact Commission in any civil action seeking to impose
liability arising out of any actual or alleged act, error, or
omission that occurred within the scope of Compact Commission
employment, duties, or responsibilities, or as determined by
the Compact Commission that the person against whom the claim
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is made had a reasonable basis for believing occurred within
the scope of Compact Commission employment, duties, or
responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining their own
counsel at their own expense; and provided further, that the
actual or alleged act, error, or omission did not result from
that person's intentional or willful or wanton misconduct.
3. The Compact Commission shall indemnify and hold
harmless any member, officer, executive director, employee,
and representative of the Compact Commission for the amount
of any settlement or judgment obtained against that person
arising out of any actual or alleged act, error, or omission
that occurred within the scope of Compact Commission
employment, duties, or responsibilities, or that such person
had a reasonable basis for believing occurred within the
scope of Compact Commission employment, duties, or
responsibilities, provided that the actual or alleged act,
error, or omission did not result from the intentional or
willful or wanton misconduct of that person.
4. Nothing herein shall be construed as a limitation on
the liability of any Licensee for professional malpractice or
misconduct, which shall be governed solely by any other
applicable State laws.
5. Nothing in this compact shall be interpreted to waive
or otherwise abrogate a Member State's state action immunity
or state action affirmative defense with respect to antitrust
claims under the Sherman Act, Clayton Act, or any other State
or federal antitrust or anticompetitive law or regulation.
6. Nothing in this compact shall be construed to be a
waiver of sovereign immunity by the Member States or by the
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Compact Commission.
SECTION 9. DATA SYSTEM
A. The Commission shall provide for the development,
maintenance, operation, and utilization of a coordinated Data
System and reporting system containing licensure, Compact
Privileges, Adverse Action, and the presence of Current
Significant Investigative Information on all Licensees and
applicants for a License in Member States.
B. Notwithstanding any other provision of State law to the
contrary, a Member State shall submit a uniform data set to the
Data System on all Licensees, applicants, and others to whom
this compact is applicable as required by the Rules of the
Compact Commission, including:
1. Personally identifying information;
2. Licensure data;
3. Adverse Actions against a Licensee, License applicant
or Compact Privilege and information related thereto;
4. Non-confidential information related to Alternative
Program participation, the beginning and ending dates of such
participation, and other information related to such
participation;
5. Any denial of an application for licensure, and the
reason(s) for such denial, (excluding the reporting of any
criminal history record information where prohibited by law);
6. A binary determination regarding the presence of
Current Significant Investigative Information; and
7. Other information that may facilitate the
administration of this compact or the protection of the
public, as determined by the Rules of the Commission.
C. The records and information provided to a Member State
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pursuant to this compact or through the Data System, when
certified by the Commission or an agent thereof, shall
constitute the authenticated business records of the Commission,
and shall be entitled to any associated hearsay exception in any
relevant judicial, quasi-judicial or administrative proceedings
in a Member State.
D. Current Significant Investigative Information pertaining
to a Licensee in any Member State will only be available to
other Member States.
E. It is the responsibility of the Member States to monitor
the Data System to determine whether Adverse Action has been
taken against a Licensee or License applicant. Adverse Action
information pertaining to a Licensee or License applicant in any
Member State will be available to any other Member State.
F. Member States contributing information to the Data System
may designate information that may not be shared with the public
without the express permission of the contributing State.
G. Any information submitted to the Data System that is
subsequently expunged pursuant to federal law or the laws of the
Member State contributing the information shall be removed from
the Data System.
SECTION 10. RULEMAKING
A. The Compact Commission shall promulgate reasonable Rules
in order to effectively and efficiently implement and administer
the purposes and provisions of the Compact. A Rule shall be
invalid and have no force or effect only if a court of competent
jurisdiction holds that the Rule is invalid because the Compact
Commission exercised its rulemaking authority in a manner that
is beyond the scope and purposes of the Compact, or the powers
granted hereunder, or based upon another applicable standard of
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review.
B. The Rules of the Compact Commission shall have the force
of law in each Member State, provided however that where the
Rules conflict with the laws or regulations of a Member State
that relate to the Scope of Practice a Licensed Athletic Trainer
is permitted to undertake in that State and the circumstances
under which they may do so, as held by a court of competent
jurisdiction, the Rules of the Compact Commission shall be
ineffective in that State to the extent of the conflict.
C. The Compact Commission shall exercise its rulemaking
powers pursuant to the criteria set forth in this section and
the Rules adopted thereunder. Rules of this compact shall become
binding on the day following adoption or as of the date
specified in the Rule or amendment, whichever is later.
D. If a majority of the legislatures of the Member States
rejects a Rule or portion of a Rule, by enactment of a statute
or resolution in the same manner used to adopt the Compact
within four (4) years of the date of adoption of the Rule, then
such Rule shall have no further force and effect in any Member
State.
E. Rules shall be adopted at a regular or special meeting of
the Compact Commission.
F. Prior to adoption of a proposed Rule, the Compact
Commission shall hold a public hearing and allow persons to
provide oral and written comments, data, facts, opinions, and
arguments. At least thirty (30) days in advance of the public
hearing on the proposed Rule, the Compact Commission shall
provide a notice of proposed rulemaking:
1. On the website of the Compact Commission or other
publicly accessible platform;
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2. To persons who have requested notice of the Compact
Commission's notices of proposed rulemaking; and
3. In such other way(s) as the Compact Commission may by
Rule specify.
G. The notice of proposed rulemaking shall include:
1. The time, date, and location of the public hearing at
which the Compact Commission will hear public comments on the
proposed Rule and, if different, the time, date, and location
of the meeting where the Compact Commission will consider and
vote on the proposed Rule;
2. If the hearing is held via telecommunication, video
conference, or other electronic means, the Compact Commission
shall include the mechanism for access to the hearing in the
notice of proposed rulemaking;
3. The text of the proposed Rule and the reason
therefor;
4. A request for comments on the proposed Rule from any
interested person; and
5. The manner in which interested persons may submit
written comments.
H. All hearings will be recorded. A copy of the recording
and all written comments and documents received by the Compact
Commission in response to the proposed Rule shall be available
to the public.
I. Nothing in this section shall be construed as requiring a
separate hearing on each Rule. Rules may be grouped for the
convenience of the Compact Commission at hearings required by
this section.
J. The Compact Commission shall, by majority vote of all
members, take final action on the proposed Rule based on the
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rulemaking record and the full text of the Rule.
1. The Compact Commission may adopt changes to the
proposed Rule provided the changes do not enlarge the
original purpose of the proposed Rule.
2. The Compact Commission shall provide an explanation
of the reasons for substantive changes made to the proposed
Rule as well as reasons for substantive changes not made that
were recommended by commenters.
3. The Compact Commission shall determine a reasonable
effective date for the Rule. Except for an emergency as
provided in this section, the effective date of the Rule
shall be no sooner than 30 days after issuing the notice that
it adopted or amended the Rule.
K. Upon determination that an emergency exists, the Compact
Commission may consider and adopt an emergency Rule with 24
hours' notice, with opportunity to comment, provided that the
usual rulemaking procedures provided in the compact and in this
section shall be retroactively applied to the Rule as soon as
reasonably possible, in no event later than ninety (90) days
after the effective date of the Rule. For the purposes of this
provision, an emergency Rule is one that must be adopted
immediately in order to:
1. Meet an imminent threat to public health, safety, or
welfare;
2. Prevent a loss of Compact Commission or Member State
funds;
3. Meet a deadline for the promulgation of a Rule that
is established by federal law or rule; or
4. Protect public health and safety.
L. The Compact Commission or an authorized committee of the
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Compact Commission may direct revisions to a previously adopted
Rule for purposes of correcting typographical errors, errors in
format, errors in consistency, or grammatical errors. Public
notice of any revisions shall be posted on the website of the
Compact Commission. The revision shall be subject to challenge
by any person for a period of thirty (30) days after posting.
The revision may be challenged only on grounds that the revision
results in a material change to a Rule. A challenge shall be
made in writing and delivered to the Compact Commission prior to
the end of the notice period. If no challenge is made, the
revision will take effect without further action. If the
revision is challenged, the revision may not take effect without
the approval of the Compact Commission.
M. No Member State's rulemaking requirements shall apply
under this Compact.
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight:
1. The executive and judicial branches of State
government in each Member State shall enforce this compact
and take all actions necessary and appropriate to implement
the compact.
2. Except as otherwise provided in this compact, venue
is proper and judicial proceedings by or against the Compact
Commission shall be brought solely and exclusively in a court
of competent jurisdiction where the principal office of the
Compact Commission is located. The Compact Commission may
waive venue and jurisdictional defenses to the extent it
adopts or consents to participate in alternative dispute
resolution proceedings. Nothing herein shall affect or limit
the selection or propriety of venue in any action against a
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Licensee for professional malpractice, misconduct or any such
similar matter.
3. The Compact Commission shall be entitled to receive
service of process in any proceeding regarding the
enforcement or interpretation of the compact and shall have
standing to intervene in such a proceeding for all purposes.
Failure to provide the Compact Commission service of process
shall render a judgment or order void as to the Compact
Commission, this Compact, or promulgated Rules.
B. Default, Technical Assistance, and Termination:
1. If the Compact Commission determines that a Member
State has defaulted in the performance of its obligations or
responsibilities under this compact or the promulgated Rules,
the Commission shall provide written notice to the defaulting
State. The notice of default shall describe the default, the
proposed means of curing the default, and any other action
that the Compact Commission may take, and shall offer
training and specific technical assistance regarding the
default.
2. The Compact Commission shall provide a copy of the
notice of default to the other Member States.
C. If a State in default fails to cure the default, the
defaulting State may be terminated from the compact upon an
affirmative vote of a majority of the Commissioners of the
Member States, and all rights, privileges and benefits conferred
on that State by this compact may be terminated on the effective
date of termination. A cure of the default does not relieve the
offending State of obligations or liabilities incurred during
the period of default.
D. Termination of membership in the compact shall be imposed
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only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be
given by the Compact Commission to the governor, the majority
and minority leaders of the defaulting State's legislature, the
defaulting State's Licensing Authority and each of the Member
States' Licensing Authority.
E. A State that has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including obligations that extend
beyond the effective date of termination.
F. Upon the termination of a State's membership from this
compact, that State shall immediately provide notice to all
Licensees within that State of such termination. The terminated
State shall continue to recognize all Licenses and Compact
Privileges granted pursuant to this compact for a minimum of 180
days after the date of said notice of termination.
G. The Compact Commission shall not bear any costs related
to a State that is found to be in default or that has been
terminated from the compact, unless agreed upon in writing
between the Compact Commission and the defaulting State.
H. The defaulting State may appeal the action of the Compact
Commission by petitioning the U.S. District Court for the
District of Columbia or the federal district where the Compact
Commission has its principal offices. The prevailing party shall
be awarded all costs of such litigation, including reasonable
attorney's fees.
I. Dispute Resolution:
1. Upon request by a Member State, the Compact
Commission shall attempt to resolve disputes related to the
compact that arise among Member States and between Member and
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non-Member States.
2. The Compact Commission shall promulgate a Rule
providing for both mediation and binding dispute resolution
for disputes as appropriate.
J. Enforcement:
1. By two-thirds majority (2/3) vote, the Compact
Commission may initiate legal action against a Member State
in default in the United States District Court for the
District of Columbia or the federal district where the
Compact Commission has its principal offices to enforce
compliance with the provisions of the compact and its
promulgated Rules. The relief sought may include both
injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable
attorney's fees. The remedies herein shall not be the
exclusive remedies of the Compact Commission. The Compact
Commission may pursue any other remedies available under
federal or the defaulting Member State's law.
2. A Member State may initiate legal action against the
Compact Commission in the U.S. District Court for the
District of Columbia or the federal district where the
Compact Commission has its principal offices to enforce
compliance with the provisions of the compact and its
promulgated Rules. The relief sought may include both
injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable
attorney's fees.
3. No person other than a Member State shall enforce
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this compact against the Compact Commission.
SECTION 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which
the compact statute is enacted into law in the seventh Member
State.
1. On or after the effective date of the compact, the
Compact Commission shall convene and review the enactment of
each of the first seven Member States ("Charter Member
States") to determine if the statute enacted and made
effective by each such Charter Member State is materially
different than the model compact statute.
a. A Charter Member State whose enactment is found
to be materially different from the Model Compact
Language shall be entitled to the default process set
forth in Section 11.
b. If any Member State is later found to be in
default, or is terminated or withdraws from the Compact,
the Compact Commission shall remain in existence and the
Compact shall remain in effect even if the number of
Member States should be less than seven.
2. Member States enacting the compact subsequent to the
seven initial Charter Member States shall be subject to the
process set forth in this section to determine if their
enactments are materially different from the model Compact
statute and whether they qualify for participation in the
Compact.
3. All actions taken for the benefit of the Compact
Commission or in furtherance of the purposes of the
administration of the compact prior to the effective date of
the compact or the Compact Commission coming into existence
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shall be considered to be actions of the Compact Commission
unless specifically repudiated by the Compact Commission.
4. Any State that joins the compact subsequent to the
Compact Commission's initial adoption of the Rules and bylaws
shall be subject to the Rules and bylaws as they exist on the
date on which the compact becomes law in that State. Any Rule
that has been previously adopted by the Compact Commission
shall have the full force and effect of law on the day the
compact becomes law in that State.
B. Any Member State may withdraw from this compact by
enacting a statute repealing the same.
1. A Member State's withdrawal shall not take effect
until 180 days after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing
requirement of the withdrawing State's Licensing Authority to
comply with the investigative and Adverse Action reporting
requirements of this compact prior to the effective date of
withdrawal.
3. Upon the enactment of a statute withdrawing from this
compact, a State shall immediately provide notice of such
withdrawal to all Licensees and privilege holders within that
State. Notwithstanding any subsequent statutory enactment to
the contrary, such withdrawing State shall continue to
recognize all Compact Privileges granted pursuant to this
compact for a minimum of 180 days after the date of such
notice of withdrawal.
4. Nothing contained in this compact shall be construed
to invalidate or prevent any licensure agreement or other
cooperative arrangement between a Member State and a non-
Member State that does not conflict with the provisions of
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this compact.
5. This compact may be amended by the Member States. No
amendment to this compact shall become effective and binding
upon any Member State until it is enacted into the laws of
all Member States.
SECTION 13. CONSTRUCTION AND SEVERABILITY
A. This compact and the Compact Commission's rulemaking
authority shall be liberally construed so as to effectuate the
purposes, and the implementation and administration of the
compact. Provisions of the compact expressly authorizing or
requiring the promulgation of Rules shall not be construed to
limit the Compact Commission's rulemaking authority solely for
those purposes.
B. The provisions of this compact shall be severable and if
any phrase, clause, sentence or provision of this compact is
held by a court of competent jurisdiction to be contrary to the
constitution of any Member State, a State seeking participation
in the compact, or of the United States, or the applicability
thereof to any government, agency, person or circumstance is
held to be unconstitutional by a court of competent
jurisdiction, the validity of the remainder of this compact and
the applicability thereof to any other government, agency,
person or circumstance shall not be affected thereby.
C. Notwithstanding the foregoing, the Compact Commission may
deny a State's participation in the compact or terminate a
Member State's participation in the Compact if it determines
that a constitutional requirement of a Member State is a
material departure from the Compact. Otherwise, if this compact
shall be held to be contrary to the constitution of any Member
State, the Compact shall remain in full force and effect as to
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the remaining Member States and in full force and effect as to
the Member State affected as to all severable matters.
SECTION 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE
LAWS
A. Nothing herein shall prevent or inhibit the enforcement
of any other law of a Member State that is not inconsistent with
the compact.
B. Any laws, statutes, regulations, or other legal
requirements in a Member State in conflict with the compact are
superseded to the extent of the conflict.
C. All permissible agreements between the Compact Commission
and the Member States are binding in accordance with their
terms.
Section 3. When and how compact becomes operative.
(a) Conditions.--When the Governor executes the compact on
behalf of this State, files a verified copy with the Secretary
of the Commonwealth and the compact is ratified in accordance
with section 12 of the compact, the compact becomes operative
and effective between this State and the other state or states.
The Governor may take action 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 transmit notice to the Legislative Reference
Bureau for publication in the next available issue of the
Pennsylvania Bulletin when the conditions 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.
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The compact administrator who represents this State, as
provided for in the compact, may not receive any additional
compensation for performing the duties and responsibilities as
compact administrator, but shall be entitled to reimbursement
for reasonable expenses actually incurred in connection with the
duties and responsibilities as compact administrator 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.
This act shall take effect in 60 days.
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