adopt the athletic trainer licensure compact.

26.99.11 101st Legislative Session 1149

2026 South Dakota Legislature
House Bill 1149
ENROLLED

AN ACT

ENTITLED An Act to adopt the athletic trainer licensure compact.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That a NEW SECTION be added to chapter 36-29:
The board shall implement procedures for the completion of a state and federal
fingerprint-based criminal background check for an athletic trainer seeking to participate
in the athletic trainer compact adopted by section 2 of this Act. The athletic trainer must
pay for the cost of fingerprinting and conducting the background check.
Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 36:
ATHLETIC TRAINER COMPACT
SECTION 1. TITLE AND PURPOSE
This statute shall be known and cited as the Athletic Trainer Compact. The purposes
of this compact are to expand the 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;
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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 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; 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 Privi lege such as revocation, suspension, probation, monitoring of the
Licensee, limitation on the Licensee's practice, or any other Encumbrance on
licensure affecting a Licensee authorization to practice.
C. "Alternative Program" means a non-disciplinary monitoring or practice remediation
process applicable to an Athletic Trainer approved by a State Licensing Authority
of a Member State in which the Athletic Trainer is licensed. This includes, but is not
limited to, programs to which Licensees with substance use, addiction, or mental
health conditions are referred in lieu of Adverse Action.
D. "Athletic Training" means the prevention, examination, assessment, treatment,
and rehabilitation of emergent, acute, or chronic injuries and medical conditions as
defined by applicable Member state laws and regulations.
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E. "Athletic Trainer Compact Commission" or "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 activities relevant to the 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 proved 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.
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§ 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 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 processes. Such procedures, actions, and processes and
the circumstances under which they may be undertaken may be established
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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;
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 use those results in making
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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 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
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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 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 the Licensee's 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 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;
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
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10. Report to the Compact Commission any Adverse Action, Encumbrance, or
restriction on a License taken by any non -Member State within thirty 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 and State laws relating to the remote practice of Athletic Training,
as applicable.
D. A Licensee engaging in the practice of Athletic Training in a Remote State is subject
to that State's regulatory authority. A Remote State may, in accordance with due
process and that State's laws, remove a Licensee's Compact Privilege in the
Remote State for a specific period of time, impose fines, or take any other
necessary actions to protect the health and safety of its citizens. Any Member State
which undertakes such an action shall promptly notify the Member State and the
Commission as specified in the Rules. The Licensee may be deemed to be ineligible
to exercise the Compact Privilege by any Member State until the specific time for
removal has passed and all fines are paid.
E. All Member State disciplinary orders that impose Adverse Action against a Compact
Qualifying License shall result in deactivation of the Licensee's Compact Privilege
in all Member States during the pendency of the order. If a Compact Qualifying
License is Encumbered, the Licensee shall lose the Compact Privilege in any Remote
State until the following occur:
1. The Compact Qualifying License is no longer Encumbered; and
2. The Licensee has not had any Encumbrance or restriction against any
License, Compact Qualifying License, or Compact Privilege within the
previous two years.
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F. Once an Encumbered License is restored to good standing as a Compact Qualifying
License as certified by the Licensing Authority, the Licensee must meet the
requirements of this section to obtain a Compact Privilege in any Remote State.
G. If a Licensee's Compact Privilege in any Remote State is removed, that Licensee
may also lose the Compact Privilege in other Remote States, as each Member State
shall determine in its sole authority, until the following occur:
1. The specific period of time for which the Compact Privilege was removed
has ended;
2. All fines have been paid; and
3. The Licensee has not had any Encumbrance or restriction against any
License or Compact Privilege within the previous two 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. A Licensee may only designate one License as the Licensee's 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 MEMBERS OR THEIR SPOUSES
An Active Military Member or the member's 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 the member's spouse for a Compact Privilege.
SECTION 7. ADVERSE ACTIONS
A. A Member State in which a Licensee is issued a Compact Qualifying License shall
have the exclusive authority to impose Adverse Action against the Compact
Qualifying License issued by that Member State.
B. A Member State may take Adverse Action based on Current Significant
Investigative Information of a Remote State, so long as the Member State follows
its own procedures for imposing Adverse Action.
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C. Nothing in this compact shall override a Member State's decision that participation
in an Alternative Program may be used in lieu of Adverse Action and that such
participation shall remain 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 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.
H. 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
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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.
I. If a Member State takes Adverse Action, it shall promptly notify the administrator
of the Data System. The administrator of the Data System shall promptly notify all
Member States of any Adverse Actions by Remote States.
J. 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 Commissioner selected
by that Member State's Licensing Authority within sixty days of the Member
State's effective date.
2. The Commissioner shall be an administrator or the administrator's
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 sixty days of
the vacancy.
5. Each Commissioner shall be entitled to one vote on all matters before the
Compact Commission requiring a vote by the Commissioners.
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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;
11. Accept any and all appropriate gifts, donations, grants of money, other
sources of revenue, equipment, supplies, materials, and services, and
receive, utilize, and dispose of the same; provided that at all times the
Compact Commission shall avoid any appearance of impropriety or conflict
of interest;
12. Lease, purchase, retain, own, hold, improve, invest, or use any property,
real, personal, or mixed, or any undivided interest therein;
13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property real, personal, or mixed;
14. Establish a budget and make expenditures;
15. Borrow and invest money;
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16. Meet and take such actions as are consistent with the provisions of this
compact, the Compact Commission's Rules, and the bylaws;
17. Initiate and conclude legal proceedings or actions in the name of the
Compact Commission, provided that the standing of any Licensing Authority
to sue or be sued under applicable law shall not be affected;
18. Maintain and certify records and information provided to a Member State as
the authenticated business records of the Compact Commission, and
designate an agent to do so on the Compact Commission's behalf;
19. Provide and receive information from, and cooperate with, law enforcement
agencies;
20. Determine whether a State's adopted language is materially different from
the Model Compact Language such that the State would not qualify for
participation in the compact;
21. Establish and elect an Executive Committee, including a chair and a vice
chair, secretary, treasurer, and such other offices as the Commission shall
establish by Rule or bylaw;
22. Appoint committees, including standing committees, composed of Member
State Commissioners, State regulators, State legislators or their
representatives, 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;
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c. Recommend to the Compact Commission changes to the Rules or
bylaws, changes to this compact legislation, fees charged to
Compact Member States, fees charged to Licensees, and other fees;
d. Ensure compact administration services are appropriately provided,
including by contract;
e. Prepare and recommend the budget;
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 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 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.
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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 shall be given
in the same manner as required under the rulemaking provisions in this
compact, except that the Compact Commission may hold a special meeting
as provided in this section.
3. The Compact Commission may hold a special meeting when it must meet
to conduct emergency business by giving twenty -four 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;
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;
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j. Information related to any investigative reports prepared by or on
behalf of or for use of the Compact Commission or other committee
charged with responsibility of investigation or determination of
compliance issues pursuant to the compact;
k. Matters specifically exempted from disclosure by federal or Member
State law; or
l. Other matters as specified in Rules of the Compact Commission.
5. If a meeting, or portion of a meeting, is closed, the Compact Commission's
legal counsel or designee shall certify that the meeting will be closed and
reference each relevant exempting provision, and such reference shall be
recorded in the minutes. All mi nutes 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 established under its bylaws. Howev er, all receipts and
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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 employm ent, 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 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
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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 intentio nal 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 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;
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6. A binary determination regarding the presence of Current Significant
Investigative Information; and
7. Other information that may facilitate the administration of this compact or
the protection of the public, as determined by the Rules of the Commission.
C. The records and information provided to a Member State pursuant to this compact
or through the Data System, when certified by the Commission or an agent thereof,
shall constitute the authenticated business records of the Commission, and shall
be entitled to any associated hearsay exception in any relevant judicial, quasi -
judicial, or administrative proceedings in a Member State.
D. Current Significant Investigative Information pertaining to a Licensee in any
Member State will only be available to other Member States.
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 jurisdic tion holds that the Rule is invalid because the Compact
Commission exercised its rulemaking authority in a manner that is beyond the
scope and purposes of the Compact, or the powers granted hereunder, or based
upon another applicable standard of review.
B. The Rules of the Compact Commission shall have the force of law in each Member
State, provided however that where the Rules conflict with the laws or regulations
of a Member State that relate 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.
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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 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 days in advance of the public hearing on
the proposed Ru le, the Compact Commission shall provide a notice of proposed
rulemaking:
1. On the website of the Compact Commission or other publicly accessible
platform;
2. To persons who have requested notice of the Compact Commission's notices
of proposed rulemaking; and
3. In such other 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 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.
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I. Nothing in this section shall be construed as requiring a separate hearing on each
Rule. Rules may be grouped for the convenience of the Compact Commission at
hearings required by this section.
J. The Compact Commission shall, by majority vote of all members, take final action
on the proposed Rule based on the rulemaking record and the full text of the Rule.
1. The Compact Commission may adopt changes to the proposed Rule
provided the changes do not enlarge the original purpose of the proposed
Rule.
2. The Compact Commission shall provide an explanation of the reasons for
substantive changes made to the proposed Rule as well as reasons for
substantive changes not made that were recommended by commenters.
3. The Compact Commission shall determine a reasonable effective date for
the Rule. Except for an emergency as provided in this section, the effective
date of the Rule shall be no sooner than thirty days after issuing the notice
that it adopted or amended the Rule.
K. Upon determination that an emergency exists, the Compact Commission may
consider and adopt an emergency Rule with twenty -four 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 days after the effective date
of the Rule. For the purposes of this provision, an emergency Rule is one that must
be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Compact Commission or Member State funds;
3. Meet a deadline for the promulgation of a Rule that is established by federal
law or rule; or
4. Protect public health and safety.
L. The Compact Commission or an authorized committee of the Compact Commission
may direct revisions to a previously adopted Rule for purposes of correcting
typographical errors, errors in format, errors in consistency, or grammatical errors.
Public notice of any revisions shall be posted on the website of the Compact
Commission. The revision shall be subject to challenge by any person for a period
of thirty days after posting. The revision may be challenged only on grounds that
the revision results in a mat erial change to a Rule. A challenge shall be made in
writing and delivered to the Compact Commission prior to the end of the notice
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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 i s located. The Compact Commission may
waive venue and jurisdictional defenses to the extent it adopts or consents
to participate in alternative dispute resolution proceedings. Nothing herein
shall affect or limit the selection or propriety of venue in any action against
a Licensee for professional malpractice, misconduct, or any such similar
matter.
3. The Compact Commission shall be entitled to receive service of process in
any proceeding regarding the enforcement or interpretation of the compact
and shall have standing to intervene in such a proceeding for all purposes.
Failure to provide the Compact Commission service of process shall render
a judgment or 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 o f 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.
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C. If a State in default fails to cure the default, the defaulting State may be terminated
from the compact upon an affirmative vote of a majority of the Commissioners of
the Member States, and all rights, privileges and benefits conferred on that State
by this compact may be terminated on the effective date of termination. A cure of
the default does not relieve the offending State of obligations or liabilities incurred
during the period of default.
D. Termination of membership in the compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to suspend
or terminate shall be given by the Compact Commission to the governor, the
majority and minority l eaders 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 one hundred eighty
days after the date of said notice of termination.
G. The Compact Commission shall not bear any costs related to a State that is found
to be in default or that has been terminated from the compact, unless agreed upon
in writing between the Compact Commission and the defaulting State.
H. The defaulting State may appeal the action of the Compact Commission by
petitioning the United States District Court for the District of Columbia or the
federal district where the Compact Commission has its principal offices. The
prevailing party shall be 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 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:
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1. By two-thirds majority 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 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 provisio ns 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 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 Memb er 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.
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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 qu alify for participation in the
Compact.
3. All actions taken for the benefit of the Compact Commission or in
furtherance of the purposes of the administration of the compact prior to
the effective date of the compact or the Compact Commission coming into
existence shall be considered to be actions of the Compact Commission
unless specifically repudiated by the Compact Commission.
4. Any State that joins the compact subsequent to the Compact Commission's
initial adoption of the Rules and bylaws shall be subject to the Rules and
bylaws as they exist on the date on which the compact becomes law in that
State. Any Rule that has been prev iously adopted by the Compact
Commission shall have the full force and effect of law on the day the
compact becomes law in that State.
B. Any Member State may withdraw from this compact by enacting a statute repealing
the same.
1. A Member State's withdrawal shall not take effect until one hundred eighty
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 one hundred eighty days after the date of such notice of
withdrawal.
4. Nothing contained in this compact shall be construed to invalidate or
prevent any licensure agreement or other cooperative arrangement
between a Member State and a non -Member State that does not conflict
with the provisions of this compact.
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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 promul gation of Rules shall not be construed to limit the Compact
Commission's rulemaking authority solely for those purposes.
B. The provisions of this compact shall be severable and if any phrase, clause,
sentence, or provision of this compact is held by a court of competent jurisdiction
to be contrary to the constitution of any Member State, a State seeking
participation in the compact, or of the United States, or the applicability thereof to
any government, agency, person or circumstance is held to be unconstitutional by
a court of competent jurisdiction, the validity of the remainder of this compact and
the applicability thereof to any other government, agency, person, or circumstance
shall not be affected thereby.
C. Notwithstanding the foregoing, the Compact Commission may deny a State's
participation in the compact or terminate a Member State's participation in the
Compact if it determines that a constitutional requirement of a Member State is a
material departure from the Compact. Otherwise, if this compact shall be held to
be contrary to the constitution of any Member State, the Compact shall remain in
full force and effect as to the remaining Member States and in full force and effect
as to the Member State affected as to all severable matters.
SECTION 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER 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.
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An Act to adopt the athletic trainer licensure compact.

I certify that the attached Act originated in
the:

House as Bill No. 1149

Chief Clerk of the House

Speaker of the House

Attest:

Chief Clerk of the House

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1149
File No. ____
Chapter No. ______

Received at this Executive Office
this _____ day of _____________,

2026 at ____________M.

By
for the Governor

The attached Act is hereby
approved this ________ day of
______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State

Filed ____________, 2026
at _________ o'clock __M.

Secretary of State

By
Asst. Secretary of State