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HOUSE BILL 2201
By Keisling
SENATE BILL 2446
By Powers
SB2446
011048
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AN ACT to amend Tennessee Code Annotated, Title 4 and
Title 63, relative to massage therapy.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 63, Chapter 18, is amended by adding
the following as a new part:
63-18-201. Interstate Massage Compact.
This state hereby enters into the "Interstate Massage Compact" ("compact") as
set forth in this part. The text of the compact is set forth in §§ 63-18-202 – 63-18-215.
63-18-202. Article 1 – Purpose.
(a) The purpose of this compact is to reduce the burdens on state governments
and to facilitate the interstate practice and regulation of massage therapy with the goal of
improving public access to, and the safety of, massage therapy services. Through this
compact, the member states seek to establish a regulatory framework which provides for
a new multistate licensing program. Through this additional licensing pathway, the
member states seek to provide increased value and mobility to licensed massage
therapists in the member states, while ensuring the provision of safe, competent, and
reliable services to the public.
(b) This compact is designed to achieve the following objectives, and the
member states hereby ratify the same intentions by subscribing hereto:
(1) Increase public access to massage therapy services by providing for
a multistate licensing pathway;
(2) Enhance the member states' ability to protect the public's health and
safety;
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(3) Enhance the member states' ability to prevent human trafficking and
licensure fraud;
(4) Encourage the cooperation of member states in regulating the
multistate practice of massage therapy;
(5) Support relocating military members and their spouses;
(6) Facilitate and enhance the exchange of licensure, investigative, and
disciplinary information between the member states;
(7) Create an interstate commission that will exist to implement and
administer the compact;
(8) Allow a member state to hold a licensee accountable, even where
that licensee holds a multistate license;
(9) Create a streamlined pathway for licensees to practice in member
states, thus increasing the mobility of duly licensed massage therapists; and
(10) Serve the needs of licensed massage therapists and the public
receiving their services.
(c) Nothing in this compact is intended to prevent a state from enforcing its own
laws regarding the practice of massage therapy.
63-18-203. Article 2 - Part definitions.
As used in this compact, except as otherwise provided and subject to clarification
by the rules of the commission, the following definitions shall govern the terms herein:
(1) "Active military member" means any person with full-time duty status
in the armed forces of the United States, including members of the national guard
and reserve;
(2) "Adverse action" means any administrative, civil, equitable, or criminal
action permitted by a member state's laws which is imposed by a licensing
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authority or other regulatory body against a licensee, including actions against an
individual's authorization to practice such as revocation, suspension, probation,
surrender in lieu of discipline, monitoring of the licensee, limitation of the
licensee's practice, or any other encumbrance on licensure affecting an
individual's ability to practice massage therapy, including the issuance of a cease
and desist order;
(3) "Alternative program" means a non-disciplinary monitoring or
prosecutorial diversion program approved by a member state's licensing
authority;
(4) "Authorization to practice" means a legal authorization by a remote
state pursuant to a multistate license permitting the practice of massage therapy
in that remote state, which shall be subject to the enforcement jurisdiction of the
licensing authority in that remote state;
(5) "Background check" means the submission of an applicant's criminal
history record information, as further defined in 28 CFR § 20.3(d), as amended
from the federal bureau of investigation and the agency responsible for retaining
state criminal records in the applicant's home state;
(6) "Charter member states" means member states who have enacted
legislation to adopt this compact where such legislation predates the effective
date of this compact as defined in § 63-18-213;
(7) "Commission" means the government agency whose membership
consists of all States that have enacted this compact, which is known as the
Interstate massage compact commission, as defined in § 63-18-209, and which
shall operate as an instrumentality of the member states;
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(8) "Continuing competence" means a requirement, as a condition of
license renewal, to provide evidence of participation in, and completion of,
educational or professional activities that maintain, improve, or enhance
massage therapy fitness to practice;
(9) "Current significant investigative information" means investigative
information that a licensing authority, after an inquiry or investigation that
complies with a member state's due process requirements, has reason to believe
is not groundless and, if proved true, would indicate a violation of that state's
laws regarding the practice of massage therapy;
(10) "Data system" means a repository of information about licensees
who hold multistate licenses, which may include, but is not limited to, license
status, investigative information, and adverse actions;
(11) "Disqualifying event" means any event which shall disqualify an
individual from holding a multistate license under this compact, which the
commission may by rule specify;
(12) "Encumbrance" means a revocation or suspension of, or any
limitation or condition on, the full and unrestricted practice of massage therapy by
a licensing authority;
(13) "Executive committee" means a group of delegates elected or
appointed to act on behalf of, and within the powers granted to them by, the
commission;
(14) "Home state" means the member state which is a licensee's primary
state of residence where the licensee holds an active single-state license;
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(15) "Investigative information" means information, records, or
documents received or generated by a licensing authority pursuant to an
investigation or other inquiry;
(16) "Licensee" means an individual who currently holds a license from a
member state to fully practice massage therapy, whose license is not a student,
provisional, temporary, inactive, or other similar status;
(17) "Licensing authority" means a state's regulatory body responsible for
issuing massage therapy licenses or otherwise overseeing the practice of
massage therapy in that state;
(18) "Massage therapy," "massage therapy services," and the "practice
of massage therapy" mean the care and services provided by a licensee as set
forth in the member state's statutes and regulations in the state where the
services are being provided;
(19) "Member state" means any state that has adopted this compact;
(20) "Multistate license" means a license that consists of authorizations
to practice massage therapy in all remote states pursuant to this compact, which
shall be subject to the enforcement jurisdiction of the licensing authority in a
licensee's home state;
(21) "Remote state" means any member state, other than the licensee's
home state;
(22) "Rule" means any opinion or regulation promulgated by the
commission under this compact, which shall have the force of law;
(23) "Single-state license" means a current, valid authorization issued by
a member state's licensing authority allowing an individual to fully practice
massage therapy, that is not a restricted, student, provisional, temporary, or
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inactive practice authorization and authorizes practice only within the issuing
state; and
(24) "State" means a state, territory, possession of the United States, or
the District of Columbia.
63-18-204. Article 3. Member state requirements.
(a) To be eligible to join this compact, and to maintain eligibility as a member
state, a state must:
(1) License and regulate the practice of massage therapy;
(2) Have a mechanism or entity in place to receive and investigate
complaints from the public, regulatory or law enforcement agencies, or the
commission about licensees practicing in that state;
(3) Accept passage of a psychometrically valid national examination as a
criterion for massage therapy licensure in that state. For purposes of this
compact, such examination shall not include a state-administered examination
but shall be inclusive of the following:
(A) The massage and bodywork licensure examination; or
(B) The national certification board for therapeutic massage &
bodywork prior to January 1, 2015; or
(C) The substantial equivalent of the foregoing, which the
commission may approve by rule;
(4) Require that licensees satisfy educational requirements prior to being
licensed to provide massage therapy services to the public in that state;
(5) Implement procedures for requiring the background check of
applicants for a multistate license, and for the reporting of any disqualifying
events, including, but not limited to, obtaining and submitting, for each licensee
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holding a multistate license and each applicant for a multistate license, fingerprint
or other biometric-based information to the federal bureau of investigation for
background checks; receiving the results of the federal bureau of investigation
record search on background checks; and considering the results of such a
background check in making licensure decisions;
(6) Have continuing competence requirements as a condition for license
renewal;
(7) Participate in the data system, including through the use of unique
identifying numbers as described herein;
(8) Notify the commission and other member states, in compliance with
the terms of the compact and rules of the commission, of any disciplinary action
taken by the state against a licensee practicing under a multistate license in that
state, or of the existence of investigative information or current significant
investigative information regarding a licensee practicing in that state pursuant to
a multistate license;
(9) Comply with the rules of the commission; and
(10) Accept licensees with valid multistate licenses from other member
states as established herein.
(b) Individuals not residing in a member state shall continue to be able to apply
for a member state's single-state license as provided under the laws of each member
state. However, the single-state license granted to those individuals shall not be
recognized as granting a multistate license for massage therapy in any other member
state.
(c) Nothing in this compact shall affect the requirements established by a
member state for the issuance of a single-state license.
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(d) A multistate license issued to a licensee shall be recognized by each remote
state as an authorization to practice massage therapy in each remote state.
63-18-205. Article 4. Multistate license requirements.
(a) To qualify for a multistate license under this compact, and to maintain
eligibility for such a license, an applicant must:
(1) Hold an active single-state license to practice massage therapy in the
applicant's home state;
(2) Satisfy one (1) of the following:
(A) Completion of at least six hundred twenty-five (625) clock
hours of massage therapy education;
(B) Graduation from an educational program that meets the
minimum qualifications for licensure in the home state and two (2) years
of continuous licensure with a single-state license in good standing in the
home state, except as provided in § 63-18-208; or
(C) Satisfaction of the substantial equivalent of the foregoing,
which the commission may approve by rule;
(3) Successfully pass a psychometrically valid national examination for
licensure. For purposes of this compact, such examination shall not include a
state-administered examination but shall be inclusive of the following:
(A) The massage and bodywork licensure examination; or
(B) A national certification board for therapeutic massage and
bodywork licensure examination prior to January 1, 2015; or
(C) The substantial equivalent of the foregoing, which the
commission may approve by rule;
(4) Submit to a background check;
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(5) Have not been convicted or found guilty, or have entered into an
agreed disposition, of a felony offense under applicable state or federal criminal
law, within five (5) years prior to the date of their application, where such a time
period shall not include any time served for the offense, and provided that the
applicant has completed any and all requirements arising as a result of any such
offense;
(6) Have not been convicted or found guilty, or have entered into an
agreed disposition, of a misdemeanor offense related to the practice of massage
therapy under applicable state or federal criminal law, within two (2) years prior to
the date of their application, where such a time period shall not include any time
served for the offense, and provided that the applicant has completed any and all
requirements arising as a result of any such offense;
(7) Have not been convicted or found guilty, or have entered into an
agreed disposition, of any offense, whether a misdemeanor or a felony, under
state or federal law, at any time, relating to any of the following:
(A) Kidnapping;
(B) Human trafficking;
(C) Human smuggling;
(D) Sexual battery, sexual assault, or any related offenses; or
(E) Any other category of offense, which the commission may by
rule designate;
(8) Have not previously held a massage therapy license which was
revoked by, or surrendered in lieu of discipline to an applicable licensing
authority;
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(9) Have no history of any adverse action on any occupational or
professional license within two (2) years prior to the date of their application; and
(10) Pay all required fees.
(b) A multistate license granted pursuant to this compact may be effective for a
definite period of time concurrent with the renewal of the home state license.
(c) A licensee practicing in a member state is subject to all scope of practice
laws governing massage therapy services in that state.
(d) The practice of massage therapy under a multistate license granted pursuant
to this compact will subject the licensee to the jurisdiction of the licensing authority, the
courts, and the laws of the member state in which the massage therapy services are
provided.
63-18-206. Article 5 – Authority of Interstate Massage Compact Commission and
member state licensing authorities.
(a) Nothing in this compact, nor any rule of the commission, shall be construed
to limit, restrict, or in any way reduce the ability of a member state to enact and enforce
laws, regulations, or other rules related to the practice of massage therapy in that state,
where those laws, regulations, or other rules are not inconsistent with the provisions of
this compact.
(b) Nothing in this compact, nor any rule of the commission, shall be construed
to limit, restrict, or in any way reduce the ability of a member state to take adverse action
against a licensee's single-state license to practice massage therapy in that state.
(c) Nothing in this compact, nor any rule of the commission, shall be construed
to limit, restrict, or in any way reduce the ability of a remote state to take adverse action
against a licensee's authorization to practice in that state.
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(d) Nothing in this compact, nor any rule of the commission, shall be construed
to limit, restrict, or in any way reduce the ability of a licensee's home state to take
adverse action against a licensee's multistate license based upon information provided
by a remote state.
(e) Insofar as practical, a member state's licensing authority shall cooperate with
the commission and with each entity exercising independent regulatory authority over
the practice of massage therapy according to the provisions of this compact.
63-18-207. Article 6 – Adverse actions.
(a) A licensee's home state shall have exclusive power to impose an adverse
action against a licensee's multistate license issued by the home state.
(b) A home state may take adverse action on a multistate license based on the
investigative information, current significant investigative information, or adverse action
of a remote state.
(c) A home state shall retain authority to complete any pending investigations of
a licensee practicing under a multistate license who changes their home state during the
course of such an investigation. The licensing authority shall also be empowered to
report the results of such an investigation to the commission through the data system as
described herein.
(d) Any member state may investigate actual or alleged violations of the scope
of practice laws in any other member state for a massage therapist who holds a
multistate license.
(e) A remote state shall have the authority to:
(1) Take adverse actions against a licensee's authorization to practice;
(2) Issue cease and desist orders or impose an encumbrance on a
licensee's authorization to practice in that state;
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(3) Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses, as well as the production of evidence.
Subpoenas issued by a licensing authority in a member state for the attendance
and testimony of witnesses or the production of evidence from another member
state shall be enforced in the latter state by any court of competent jurisdiction,
according to the practice and procedure of that court applicable to subpoenas
issued in proceedings before it. The issuing licensing authority shall pay any
witness fees, travel expenses, mileage, and other fees required by the service
statutes of the State in which the witnesses or evidence are located;
(4) If otherwise permitted by state law, recover from the affected licensee
the costs of investigations and disposition of cases resulting from any adverse
action taken against that licensee; and
(5) Take adverse action against the licensee's authorization to practice in
that state based on the factual findings of another member state.
(f) If an adverse action is taken by the home state against a licensee's multistate
license or single-state license to practice in the home state, the licensee's authorization
to practice in all other member states shall be deactivated until all encumbrances have
been removed from such license. All home state disciplinary orders that impose an
adverse action against a licensee shall include a statement that the massage therapist's
authorization to practice is deactivated in all member states during the pendency of the
order.
(g) If adverse action is taken by a remote state against a licensee's authorization
to practice, that adverse action applies to all authorizations to practice in all remote
states. A licensee whose authorization to practice in a remote state is removed for a
specified period of time is not eligible to apply for a new multistate license in any other
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state until the specific time for removal of the authorization to practice has passed and
all encumbrance requirements are satisfied.
(h) Nothing in this compact shall override a member state's authority to accept a
licensee's participation in an alternative program in lieu of adverse action. A licensee's
multistate license shall be suspended for the duration of the licensee's participation in
any alternative program.
(i) Joint investigations.
(1) In addition to the authority granted to a member state by its
respective scope of practice laws or other applicable state law, a member state
may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated under the
compact.
63-18-208. Article 7 – Active military members and their spouses.
Active military members, or their spouses, shall designate a home state where
the individual has a current license to practice massage therapy in good standing. The
individual may retain their home state designation during any period of service when that
individual or their spouse is on active-duty assignment. Further, active military members
or their spouses shall satisfy the requirements of § 63-18-205(a)(2) by successful
graduation from an educational program that meets the minimum qualifications for
licensure in the designated home state.
63-18-209. Article 8 – Establishment and operation of Interstate Massage Compact
Commission.
(a) The compact member states hereby create and establish a joint government
agency whose membership consists of all member states that have enacted the
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compact known as the interstate massage compact commission. The commission is an
instrumentality of the compact states acting jointly and not an instrumentality of any one
(1) state. The commission shall come into existence on or after the effective date of the
compact as set forth in § 63-18-213.
(b) Membership, voting, and meetings.
(1) Each member state shall have and be limited to one (1) delegate
selected by that member state's state licensing authority.
(2) The delegate shall be either:
(A) A member of the state licensing authority; or
(B) The primary administrative officer of the state licensing
authority or their designee.
(3) The commission shall by rule or bylaw establish a term of office for
delegates and may by rule or bylaw establish term limits.
(4) The commission may recommend removal or suspension of any
delegate from office.
(5) A member state's state licensing authority shall fill any vacancy of its
delegate occurring on the commission within sixty (60) days of the vacancy.
(6) Each delegate shall be entitled to one (1) vote on all matters that are
voted on by the commission.
(7) The commission shall meet at least once during each calendar year.
Additional meetings may be held as set forth in the bylaws. The commission
may meet by telecommunication, video conference, or other similar electronic
means.
(c) The commission shall have the following powers:
(1) Establish the fiscal year of the commission;
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(2) Establish code of conduct and conflict of interest policies;
(3) Adopt rules and bylaws;
(4) Maintain its financial records in accordance with the bylaws;
(5) Meet and take such actions as are consistent with the provisions of
this compact, the commission's rules, and the bylaws;
(6) Initiate and conclude legal proceedings or actions in the name of the
commission, provided that the standing of any state licensing authority to sue or
be sued under applicable law shall not be affected;
(7) Maintain and certify records and information provided to a member
state as the authenticated business records of the commission and designate an
agent to do so on the commission's behalf;
(8) Purchase and maintain insurance and bonds;
(9) Borrow, accept, or contract for services of personnel, including, but
not limited to, employees of a member state;
(10) Conduct an annual financial review;
(11) Hire employees, elect or appoint officers, fix compensation, define
duties, grant such individuals appropriate authority to carry out the purposes of
the compact, and establish the commission's personnel policies and programs
relating to conflicts of interest, qualifications of personnel, and other related
personnel matters;
(12) Assess and collect fees;
(13) Accept any and all appropriate gifts, donations, grants of money,
other sources of revenue, equipment, supplies, materials, and services, and
receive, utilize, and dispose of the same; provided that at all times the
commission shall avoid any appearance of impropriety or conflict of interest;
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(14) Lease, purchase, retain, own, hold, improve, or use any property,
real, personal, or mixed, or any undivided interest therein;
(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or
otherwise dispose of any property real, personal, or mixed;
(16) Establish a budget and make expenditures;
(17) Borrow money;
(18) Appoint committees, including standing committees, composed of
members, state regulators, state legislators or their representatives, and
consumer representatives, and such other interested persons as may be
designated in this compact and the bylaws;
(19) The commission may elect up to two (2) ex-officio, nonvoting
members of the commission as specified in the commission's bylaws;
(20) Accept and transmit complaints from the public, regulatory or law
enforcement agencies, or the commission to the relevant member state
regarding potential misconduct of licensees;
(21) Elect a chair, vice chair, secretary, and treasurer, and such other
officers of the commission as provided in the commission's bylaws;
(22) Establish and elect an executive committee, including a chair and a
vice chair;
(23) Adopt and provide to the member states an annual report;
(24) Determine whether a state's adopted language is materially different
from the model compact language such that the state would not qualify for
participation in the compact; and
(25) Perform such other functions as may be necessary or appropriate to
achieve the purposes of this compact.
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(d) The executive committee.
(1) The executive committee shall have the power to act on behalf of the
commission according to the terms of this compact. The powers, duties, and
responsibilities of the executive committee shall include:
(A) Overseeing the day-to-day activities of the administration of
the compact, including compliance with the provisions of the compact, the
commission's rules and bylaws, and other such duties as deemed
necessary;
(B) Recommending to the commission changes to the rules or
bylaws, changes to this compact legislation, fees charged to compact
member states, fees charged to licensees, and other fees;
(C) Ensuring compact administration services are appropriately
provided, including by contract;
(D) Preparing and recommending the budget;
(E) Maintaining financial records on behalf of the commission;
(F) Monitoring compact compliance of member states and
providing compliance reports to the commission;
(G) Establishing additional committees as necessary;
(H) Exercise the powers and duties of the commission during the
interim between commission meetings, except for adopting or amending
rules, adopting or amending bylaws, and exercising any other powers and
duties expressly reserved to the commission by rule or bylaw; and
(I) Other duties as provided in the rules or bylaws of the
commission.
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(2) The executive committee shall be composed of seven (7) voting
members as follows:
(A) The chair and vice chair of the commission and any other
members of the commission who serve on the executive committee shall
be voting members of the executive committee; and
(B) Other than the chair, vice chair, secretary, and treasurer, the
commission shall elect three (3) voting members from the current
membership of the commission.
(3) The commission may remove any member of the executive
committee as provided in the commission's bylaws.
(4)
(A) The executive committee shall meet at least annually.
(B) Executive committee meetings shall be open to the public,
except that the executive committee may meet in a closed, non-public
session of a public meeting when dealing with any of the matters covered
under subdivision (f)(4).
(C) The executive committee shall give five (5) business days
advance notice of its public meetings posted on its website and as
determined to provide notice to persons with an interest in the public
matters the executive committee intends to address at those meetings.
(5) The executive committee may hold an emergency meeting when
acting for the commission to:
(A) Meet an imminent threat to public health, safety, or welfare;
(B) Prevent a loss of commission or participating state funds; or
(C) Protect public health and safety.
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(e) The commission shall adopt and provide to the member states an annual
report.
(f) Meetings of the commission.
(1) All meetings of the commission that are not closed pursuant to this
subsection shall be open to the public. Notice of public meetings shall be posted
on the commission's website at least thirty (30) days prior to the public meeting.
(2) Notwithstanding subdivision (f)(1), the commission may convene an
emergency public meeting by providing at least twenty-four (24) hours prior
notice on the commission's website, and any other means as provided in the
commission's rules, for any of the reasons it may dispense with notice of
proposed rulemaking under § 63-18-211(l). The commission's legal counsel shall
certify that one (1) of the reasons justifying an emergency public meeting has
been met.
(3) Notice of all commission meetings shall provide the time, date, and
location of the meeting, and if the meeting is to be held or accessible via
telecommunication, video conference, or other electronic means, the notice shall
include the mechanism for access to the meeting.
(4) The commission may convene in a closed, non-public meeting for the
commission 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 or other matters
related to the commission's internal personnel practices and procedures;
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(C) Current or threatened discipline of a licensee by the
commission or by a member state's licensing authority;
(D) Current, threatened, or reasonably anticipated litigation;
(E) Negotiation of contracts for the purchase, lease, or sale of
goods, services, or real estate;
(F) Accusing any person of a crime or formally censuring any
person;
(G) Trade secrets or commercial or financial information that is
privileged or confidential;
(H) Information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
(I) Investigative records compiled for law enforcement purposes;
(J) Information related to any investigative reports prepared by or
on behalf of or for use of the commission or other committee charged with
responsibility of investigation or determination of compliance issues
pursuant to the compact;
(K) Legal advice;
(L) Matters specifically exempted from disclosure to the public by
federal or member state law; or
(M) Other matters as promulgated by the commission by rule.
(5) If a meeting, or portion of a meeting, is closed, the presiding officer
shall state that the meeting will be closed and reference each relevant exempting
provision, and such reference shall be recorded in the minutes.
(6) The commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate summary of
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actions taken, and the reasons therefore, including a description of the views
expressed. All documents considered in connection with an action shall be
identified in such minutes. All minutes and documents of a closed meeting shall
remain under seal, subject to release only by a majority vote of the commission
or order of a court of competent jurisdiction.
(g) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate sources of
revenue, donations, and grants of money, equipment, supplies, materials, and
services.
(3) The commission may levy on and collect an annual assessment from
each member state and impose fees on licensees of member states to whom it
grants a multistate license to cover the cost of the operations and activities of the
commission and its staff, which must be in a total amount sufficient to cover its
annual budget as approved each year for which revenue is not provided by other
sources. The aggregate annual assessment amount for member states shall be
allocated based upon a formula that the commission shall promulgate by rule.
(4) The commission shall not incur obligations of any kind prior to
securing the funds adequate to meet the same; nor shall the commission pledge
the credit of any member states, except by and with the authority of the member
state.
(5) The commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the commission shall be
subject to the financial review and accounting procedures established under its
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bylaws. All receipts and disbursements of funds handled by the commission
shall be subject to an annual financial review by a certified or licensed public
accountant, and the report of the financial review shall be included in and
become part of the annual report of the commission.
(h) Qualified Immunity, defense, and indemnification.
(1) The members, officers, executive director, employees, and
representatives of the commission shall be immune from suit and liability, both
personally and in their official capacity, for any claim for damage to or loss of
property or personal injury or other civil liability caused by or arising out of any
actual or alleged act, error, or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred within the
scope of commission employment, duties, or responsibilities; provided that
nothing in this paragraph shall be construed to protect any such person from suit
or liability for any damage, loss, injury, or liability caused by the intentional or
willful or wanton misconduct of that person. The procurement of insurance of
any type by the commission shall not in any way compromise or limit the
immunity granted hereunder.
(2) The commission shall defend any member, officer, executive director,
employee, and representative of the commission in any civil action seeking to
impose liability arising out of any actual or alleged act, error, or omission that
occurred within the scope of commission employment, duties, or responsibilities,
or as determined by the commission that the person against whom the claim is
made had a reasonable basis for believing occurred within the scope of
commission employment, duties, or responsibilities; provided that nothing herein
shall be construed to prohibit that person from retaining their own counsel at their
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own expense; and provided further, that the actual or alleged act, error, or
omission did not result from that person's intentional or willful or wanton
misconduct.
(3) The commission shall indemnify and hold harmless any member,
officer, executive director, employee, and representative of the commission for
the amount of any settlement or judgment obtained against that person arising
out of any actual or alleged act, error, or omission that occurred within the scope
of commission employment, duties, or responsibilities, or that such person had a
reasonable basis for believing occurred within the scope of commission
employment, duties, or responsibilities, provided that the actual or alleged act,
error, or omission did not result from the intentional or willful or wanton
misconduct of that person.
(4) Nothing herein shall be construed as a limitation on the liability of any
licensee for professional malpractice or misconduct, which shall be governed
solely by any other 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 (15 U.S.C. § 1 et
seq.), Clayton Act (15 U.S.C. § 12 et seq.), or any other state or federal antitrust
or anticompetitive law or regulation.
(6) Nothing in this compact shall be construed to be a waiver of
sovereign immunity by the member states or by the commission.
63-18-210. Article 9 – Data system.
(a) The commission shall provide for the development, maintenance, operation,
and utilization of a coordinated database and reporting system.
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(b) The commission shall assign each applicant for a multistate license a unique
identifier, as determined by the rules of the commission.
(c) Notwithstanding any other provision of state law to the contrary, a member
state shall submit a uniform data set to the data system on all individuals to whom this
compact is applicable as required by the rules of the commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Adverse actions against a license and information related thereto;
(4) Non-confidential information related to alternative program
participation, the beginning and ending dates of such participation, and other
information related to such participation;
(5) Any denial of application for licensure, and the reason for such denial,
excluding the reporting of any criminal history record information where
prohibited by law;
(6) The existence of investigative information;
(7) The existence presence of current significant Investigative
information; and
(8) Other information that may facilitate the administration of this
compact or the protection of the public, as determined by the rules of the
commission.
(d) The records and information provided to a member state pursuant to this
compact or through the data system, when certified by the commission or an agent
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.
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(e) The existence of current significant Investigative Information and the
existence of investigative information pertaining to a licensee in any member state will
only be available to other member states.
(f) It is the responsibility of the member states to report any adverse action
against a licensee who holds a multistate license and to monitor the database to
determine whether adverse action has been taken against such 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.
(g) Member states contributing information to the data system may designate
information that may not be shared with the public without the express permission of the
contributing state.
(h) Any information submitted to the data system that is subsequently expunged
pursuant to federal law or the laws of the member state contributing the information shall
be removed from the data system.
63-18-211. Article 10 – Rulemaking.
(a) The 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 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 commission shall have the force of law in each member
state; provided, however, that, where the rules of the commission conflict with the laws
of the member state that establish the member state's scope of practice as held by a
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court of competent jurisdiction, the rules of the commission shall be ineffective in that
state to the extent of the conflict.
(c) The commission shall exercise its rulemaking powers pursuant to the criteria
set forth in this section and the rules adopted thereunder. Rules shall become binding
as of the date specified by the commission for each rule.
(d) If a majority of the legislatures of the member states rejects a rule or portion
of a rule, by enactment of a statute or resolution in the same manner used to adopt the
compact within four (4) years of the date of adoption of the rule, then such rule shall
have no further force and effect in any member state or to any state applying to
participate in the compact.
(e) Rules shall be adopted at a regular or special meeting of the commission.
(f) Prior to adoption of a proposed rule, the commission shall hold a public
hearing and allow persons to provide oral and written comments, data, facts, opinions,
and arguments.
(g) Prior to adoption of a proposed rule by the commission, and at least thirty
(30) days in advance of the meeting at which the commission will hold a public hearing
on the proposed rule, the commission shall provide a notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible
platform;
(2) To persons who have requested notice of the commission's notices of
proposed rulemaking; and
(3) In such other way as the commission may by rule specify.
(h) The notice of proposed rulemaking shall include:
(1) The time, date, and location of the public hearing at which the
commission will hear public comments on the proposed rule and, if different, the
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time, date, and location of the meeting where the commission will consider and
vote on the proposed rule;
(2) If the hearing is held via telecommunication, video conference, or
other electronic means, the commission shall include the mechanism for access
to the hearing in the notice of proposed rulemaking;
(3) The text of the proposed rule and the reason therefor;
(4) A request for comments on the proposed rule from any interested
person; and
(5) The manner in which interested persons may submit written
comments.
(i) All hearings will be recorded. A copy of the recording and all written
comments and documents received by the commission in response to the proposed rule
shall be available to the public.
(j) Nothing in this section shall be construed as requiring a separate hearing on
each rule. Rules may be grouped for the convenience of the commission at hearings
required by this section.
(k)
(1) The commission shall, by majority vote of all commissioners, take
final action on the proposed rule based on the rulemaking record.
(2) The commission may adopt changes to the proposed rule provided
the changes do not enlarge the original purpose of the proposed rule.
(3) The commission shall provide an explanation of the reasons for
substantive changes made to the proposed rule as well as reasons for
substantive changes not made that were recommended by commenters.
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(4) The commission shall determine a reasonable effective date for the
rule. Except for an emergency as provided in subsection (l), the effective date of
the rule shall be no sooner than thirty (30) days after the commission issuing the
notice that it adopted or amended the Rule.
(l) Upon determination that an emergency exists, the commission may consider
and adopt an emergency rule with twenty-four (24) hours' notice, 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 to:
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of commission or member state funds;
(3) Meet a deadline for the promulgation of a rule that is established by
federal law or rule; or
(4) Protect public health and safety.
(m) The commission or an authorized committee of the commission may direct
revisions to a previously adopted rule for purposes of correcting typographical errors,
errors in format, errors in consistency, or grammatical errors. Public notice of any
revisions shall be posted on the website of the commission. The revision shall be
subject to challenge by any person for a period of thirty (30) days after posting. The
revision may be challenged only on grounds that the revision results in a material
change to a rule. A challenge shall be made in writing and delivered to the commission
prior to the end of the notice period. If no challenge is made, the revision will take effect
without further action. If the revision is challenged, the revision may not take effect
without the approval of the commission.
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(n) No member state's rulemaking requirements shall apply under this compact.
63-18-212. Article 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) Venue is proper and judicial proceedings by or against the
commission shall be brought solely and exclusively in a court of competent
jurisdiction where the principal office of the commission is located. The
commission may waive venue and jurisdictional defenses to the extent it adopts
or consents to participate in alternative dispute resolution proceedings. Nothing
herein shall affect or limit the selection or propriety of venue in any action against
a licensee for professional malpractice, misconduct, or any such similar matter.
(3) The commission shall be entitled to receive service of process in any
proceeding regarding the enforcement or interpretation of the compact and shall
have standing to intervene in such a proceeding for all purposes. Failure to
provide the commission service of process shall render a judgment or order void
as to the commission, this compact, or promulgated rules.
(b) Default, technical assistance, and termination.
(1) If the commission determines that a member state has defaulted in
the performance of its obligations or responsibilities under this compact or the
promulgated rules, the commission shall provide written notice to the defaulting
state. The notice of default shall describe the default, the proposed means of
curing the default, and any other action that the commission may take and shall
offer training and specific technical assistance regarding the default.
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(2) The commission shall provide a copy of the notice of default to the
other member states.
(c) If a state in default fails to cure the default, the defaulting state may be
terminated from the compact upon an affirmative vote of a majority of the delegates of
the member states, and all rights, privileges, and benefits conferred on that state by this
compact may be terminated on the effective date of termination. A cure of the default
does not relieve the offending state of obligations or liabilities incurred during the period
of default.
(d) Termination of membership in the compact shall be imposed only after all
other means of securing compliance have been exhausted. Notice of intent to suspend
or terminate shall be given by the commission to the governor, the majority and minority
leaders of the defaulting state's legislature, the defaulting state's state licensing
authority, and each of the member states' state 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 who hold a multistate license within that
state of such termination. The terminated state shall continue to recognize all licenses
granted pursuant to this compact for a minimum of one hundred eighty (180) days after
the date of said notice of termination.
(g) The commission shall not bear any costs related to a state that is found to be
in default or that has been terminated from the compact, unless agreed upon in writing
between the commission and the defaulting state.
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(h) The defaulting state may appeal the action of the commission by petitioning
the U.S. District Court for the District of Columbia or the federal district where the
commission has its principal offices. The prevailing party shall be awarded all costs of
such litigation, including reasonable attorney's fees.
(i) Dispute resolution.
(1) Upon request by a member state, the commission shall attempt to
resolve disputes related to the compact that arise among member states and
between member and non-member states.
(2) The commission shall promulgate a rule providing for both mediation
and binding dispute resolution for disputes as appropriate.
(j) Enforcement.
(1) The commission, in the reasonable exercise of its discretion, shall
enforce the provisions of this compact and the commission's rules.
(2) By majority vote as provided by commission rule, the commission
may initiate legal action against a member state in default in the United States
District Court for the District of Columbia or the federal district where the
commission has its principal offices to enforce compliance with the provisions of
the compact and its promulgated rules. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is necessary, the
prevailing party shall be awarded all costs of such litigation, including reasonable
attorney's fees. The remedies herein shall not be the exclusive remedies of the
commission. The commission may pursue any other remedies available under
federal or the defaulting member state's law.
(3) A member state may initiate legal action against the commission in
the U.S. District Court for the District of Columbia or the federal district where the
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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.
(4) No individual or entity other than a member state may enforce this
compact against the commission.
63-18-213. Article 12 – Effective date, withdrawal, and amendment.
(a)
(1) The compact shall come into effect on the date on which the compact
statute is enacted into law in the seventh member state.
(2) On or after the effective date of the compact, the commission shall
convene and review the enactment of each of the charter member states to
determine if the statute enacted by each such charter member state is materially
different than the model compact statute.
(A) A charter member state whose enactment is found to be
materially different from the model compact statute shall be entitled to the
default process set forth in § 63-18-212.
(B) If any member state is later found to be in default, or is
terminated or withdraws from the compact, the commission shall remain
in existence and the compact shall remain in effect even if the number of
member states should be less than seven (7).
(3) Member states enacting the compact subsequent to the charter
member states shall be subject to the process set forth in § 63-18-209(c)(24) to
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determine if their enactments are materially different from the model compact
statute and whether they qualify for participation in the compact.
(4) All actions taken for the benefit of the commission or in furtherance of
the purposes of the administration of the compact prior to the effective date of the
compact or the commission coming into existence shall be considered to be
actions of the commission unless specifically repudiated by the commission.
(5) Any state that joins the compact shall be subject to the commission's
rules and bylaws as they exist on the date on which the compact becomes law in
that state. Any rule that has been previously adopted by the commission shall
have the full force and effect of law on the day the compact becomes law in that
state.
(b)
(1) Any member state may withdraw from this compact by enacting a
statute repealing that state's enactment of the compact.
(2) A member state's withdrawal shall not take effect until one hundred
eighty (180) days after enactment of the repealing statute.
(3) 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.
(4) Upon the enactment of a statute withdrawing from this compact, a
state shall immediately provide notice of such withdrawal to all licensees within
that state. Notwithstanding any subsequent statutory enactment to the contrary,
such withdrawing state shall continue to recognize all licenses granted pursuant
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to this compact for a minimum of one hundred eighty (180) days after the date of
such notice of withdrawal.
(c) Nothing contained in this compact shall be construed to invalidate or prevent
any licensure agreement or other cooperative arrangement between a member state
and a non-member state that does not conflict with the provisions of this compact.
(d) This compact may be amended by the member states. No amendment to
this compact shall become effective and binding upon any member state until it is
enacted into the laws of all member states.
63-18-214. Article 13 – Construction and severability.
(a) This compact and the commission's rulemaking authority shall be liberally
construed so as to effectuate the purposes and the implementation and administration of
the compact. Provisions of the compact expressly authorizing or requiring the
promulgation of rules shall not be construed to limit the commission's rulemaking
authority solely for those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause,
sentence, or provision of this compact is held by a court of competent jurisdiction to be
contrary to the constitution of any member state, a state seeking participation in the
compact, or of the United States, or the applicability thereof to any government, agency,
person, or circumstance is held to be unconstitutional by a court of competent
jurisdiction, the validity of the remainder of this compact and the applicability thereof to
any other government, agency, person, or circumstance shall not be affected thereby.
(c) Notwithstanding subsection (b), the commission may deny a state's
participation in the compact or, in accordance with the requirements of § 63-18-212(b),
terminate a member state's participation in the compact, if it determines that a
constitutional requirement of a member state is a material departure from the compact.
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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.
63-18-215. Article 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 commission and the member states
are binding in accordance with their terms.
63-18-216. Rulemaking.
The Tennessee massage license board created in § 63-18-103, or its successor,
may promulgate rules in accordance with the Uniform Administrative Procedures Act,
compiled in title 4, chapter 5, to implement this part.
63-18-217. Notice to revisor of statutes.
The Tennessee massage license board created in § 63-18-103, or its successor,
shall notify the executive secretary of the Tennessee code commission in writing when
the condition specified in § 63-18-213 has occurred for the compact, a withdrawal, or an
amendment to become effective.
SECTION 2. Tennessee Code Annotated, Section 63-18-101, is amended by deleting
"chapter" and substituting "part".
SECTION 3. Tennessee Code Annotated, Section 63-18-102, is amended by deleting
"chapter" and substituting "part".
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SECTION 4. Tennessee Code Annotated, Section 63-18-103(i), is amended by deleting
"chapter" and substituting "part".
SECTION 5. Tennessee Code Annotated, Section 63-18-103(j), is amended by deleting
"chapter" and substituting "part".
SECTION 6. Tennessee Code Annotated, Section 63-18-110(a), is amended by
deleting "chapter" wherever it appears and substituting "part".
SECTION 7. Tennessee Code Annotated, Section 63-18-110(c), is amended by
deleting "chapter" and substituting "part".
SECTION 8. Tennessee Code Annotated, Section 63-18-111(a), is amended by
deleting "to implement this chapter" and substituting "to implement this part".
SECTION 9. Tennessee Code Annotated, Section 63-18-111(d), is amended by
deleting "chapter" and substituting "part".
SECTION 10. Tennessee Code Annotated, Section 63-18-111(f), is amended by
deleting "chapter" and substituting "part".
SECTION 11. Tennessee Code Annotated, Section 63-18-112, is amended by deleting
"chapter" wherever it appears in subsection (a), subdivision (b)(1), and subdivision (b)(3)(C) and
substituting "part".
SECTION 12. Tennessee Code Annotated, Section 63-18-113, is amended by deleting
"chapter" and substituting "part".
SECTION 13. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 14. For purposes of promulgating rules, this act takes effect upon becoming a
law, the public welfare requiring it. For all other purposes, this act takes effect July 1, 2026, the
public welfare requiring it.