Respiratory care compact

AN ACT Relating to the respiratory care interstate compact; 1
adding a new chapter to Title 18 RCW; and providing a contingent 2
effective date. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. TITLE AND PURPOSE. (1) The purpose of this 5
compact is to facilitate the interstate practice of respiratory 6
therapy with the goal of improving public access to respiratory 7
therapy services by providing respiratory therapists licensed in a 8
member state the ability to practice in other member states. The 9
compact preserves the regulatory authority of states to protect 10
public health and safety through the current system of state 11
licensure.12
(2) This compact is designed to achieve the following objectives:13
(a) Increase public access to respiratory therapy services by 14
creating a responsible, streamlined pathway for licensees to practice 15
in member states with the goal of improving outcomes for patients;16
(b) Enhance states' ability to protect the public's health and 17
safety; 18
(c) Promote the cooperation of member states in regulating the 19
practice of respiratory therapy within those member states;20
H-0282.1
HOUSE BILL 1114
State of Washington 69th Legislature 2025 Regular Session
By Representatives Leavitt, Ybarra, Schmidt, Ryu, Reed, Macri,
Doglio, Simmons, Ormsby, and Hill
Prefiled 12/23/24. Read first time 01/13/25. Referred to Committee
on Postsecondary Education & Workforce.
p. 1 HB 1114
(d) Ease administrative burdens on states by encouraging the 1
cooperation of member states in regulating multistate respiratory 2
therapy practice; 3
(e) Support relocating active military members and their spouses; 4
and 5
(f) Promote mobility and address workforce shortages.6
NEW SECTION. Sec. 2. DEFINITIONS. As used in this compact, 7
unless the context requires otherwise, the following definitions 8
shall apply:9
(1) "Active military member" means any person with a full-time 10
duty status in the armed forces of the United States, including 11
members of the national guard and reserve. 12
(2) "Adverse action" means any administrative, civil, equitable, 13
or criminal action permitted by a state's laws which is imposed by 14
any state authority with regulatory authority over respiratory 15
therapists, such as license denial, censure, revocation, suspension, 16
probation, monitoring of the licensee, or restriction on the 17
licensee's practice, not including participation in an alternative 18
program. 19
(3) "Alternative program" means a nondisciplinary monitoring or 20
practice remediation process applicable to a respiratory therapist 21
approved by any state authority with regulatory authority over 22
respiratory therapists. This includes, but is not limited to, 23
programs to which licensees with substance abuse or addiction issues 24
are referred in lieu of adverse action. 25
(4) "Charter member states" means those member states that were 26
the first seven states to enact the compact into the laws of their 27
state. 28
(5) "Commission" or "respiratory care interstate compact 29
commission" means the government instrumentality and body politic 30
whose membership consists of all member states that have enacted the 31
compact. 32
(6) "Commissioner" means the individual appointed by a member 33
state to serve as the member of the commission for that member state.34
(7) "Compact" means the respiratory care interstate compact.35
(8) "Compact privilege" means the authorization granted by a 36
remote state to allow a licensee from another member state to 37
practice as a respiratory therapist in the remote state under the 38
remote state's laws and rules. The practice of respiratory therapy 39
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occurs in the member state where the patient is located at the time 1
of the patient encounter. 2
(9) "Criminal background check" means the submission by the 3
member state of fingerprints or other biometric-based information on 4
license applicants at the time of initial licensing for the purpose 5
of obtaining that applicant's criminal history record information, as 6
defined in 28 C.F.R. Sec. 20.3 (d) or successor provision, from the 7
federal bureau of investigation and the state's criminal history 8
record repository, as defined in 28 C.F.R. Sec. 20.3 (f) or successor 9
provision. 10
(10) "Data system" means the commission's repository of 11
information about licensees as further set forth in section 8 of this 12
act. 13
(11) "Domicile" means the jurisdiction which is the licensee's 14
principal home for legal purposes. 15
(12) "Encumbered license" means a license that a state's 16
respiratory therapy licensing authority has limited in any way.17
(13) "Executive committee" means a group of directors elected or 18
appointed to act on behalf of, and within the powers granted to them 19
by, the commission. 20
(14) "Home state," except as set forth in section 5 of this act, 21
means the member state that is the licensee's primary domicile.22
(15) "Home state license" means an active license to practice 23
respiratory therapy in a home state that is not an encumbered 24
license. 25
(16) "Jurisprudence requirement" means an assessment of an 26
individual's knowledge of the state laws and regulations governing 27
the practice of respiratory therapy in such state.28
(17) "Licensee" means an individual who currently holds an 29
authorization from the state to practice as a respiratory therapist.30
(18) "Member state" means a state that has enacted the compact 31
and been admitted to the commission in accordance with the provisions 32
herein and commission rules. 33
(19) "Model compact" means the model for the respiratory care 34
interstate compact on file with the council of state governments or 35
other entity as designated by the commission. 36
(20) "Remote state" means a member state where a licensee is 37
exercising or seeking to exercise the compact privilege.38
(21) "Respiratory therapist" or "respiratory care practitioner" 39
means an individual who holds a credential issued by the national 40
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board for respiratory care (or its successor) and holds a license in 1
a state to practice respiratory therapy. For purposes of this 2
compact, any other title or status adopted by a state to replace the 3
term "respiratory therapist" or "respiratory care practitioner" shall 4
be deemed synonymous with "respiratory therapist" and shall confer 5
the same rights and responsibilities to the licensee under the 6
provisions of this compact at the time of its enactment.7
(22) "Respiratory therapy," "respiratory therapy practice," 8
"respiratory care," "the practice of respiratory care," and "the 9
practice of respiratory therapy" means the care and services provided 10
by or under the direction and supervision of a respiratory therapist 11
or respiratory care practitioner. 12
(23) "Respiratory therapy licensing authority" means the agency, 13
board, or other body of a state that is responsible for licensing and 14
regulation of respiratory therapists. 15
(24) "Rule" means a regulation promulgated by an entity that has 16
the force and effect of law. 17
(25) "Scope of practice" means the procedures, actions, and 18
processes a respiratory therapist licensed in a state or practicing 19
under a compact privilege in a state is permitted to undertake in 20
that state and the circumstances under which the respiratory 21
therapist is permitted to undertake those procedures, actions, and 22
processes. Such procedures, actions, and processes, and the 23
circumstances under which they may be undertaken, may be established 24
through means including, but not limited to, statute, regulations, 25
case law, and other processes available to the state respiratory 26
therapy licensing authority or other government agency.27
(26) "Significant investigative information" means information, 28
records, and documents received or generated by a state respiratory 29
therapy licensing authority pursuant to an investigation for which a 30
determination has been made that there is probable cause to believe 31
that the licensee has violated a statute or regulation that is 32
considered more than a minor infraction for which the state 33
respiratory therapy licensing authority could pursue adverse action 34
against the licensee. 35
(27) "State" means any state, commonwealth, district, or 36
territory of the United States. 37
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NEW SECTION. Sec. 3. STATE PARTICIPATION IN THIS COMPACT. (1) 1
In order to participate in this compact and thereafter continue as a 2
member state, a member state shall:3
(a) Enact a compact that is not materially different from the 4
model compact; 5
(b) License respiratory therapists; 6
(c) Participate in the commission's data system;7
(d) Have a mechanism in place for receiving and investigating 8
complaints against licensees and compact privilege holders;9
(e) Notify the commission, in compliance with the terms of this 10
compact and commission rules, of any adverse action against a 11
licensee, a compact privilege holder, or a license applicant;12
(f) Notify the commission, in compliance with the terms of this 13
compact and commission rules, of the existence of significant 14
investigative information; 15
(g) Comply with the rules of the commission; 16
(h) Grant the compact privilege to a holder of an active home 17
state license and otherwise meet the applicable requirements of 18
section 4 of this act in a member state; and 19
(i) Complete a criminal background check for each new licensee at 20
the time of initial licensure. 21
(2) Where expressly authorized or permitted by federal law, 22
whether such federal law is in effect prior to, at, or after the time 23
of a member state's enactment of this compact, a member state's 24
enactment of this compact shall hereby authorize the member state's 25
respiratory therapy licensing authority to perform criminal 26
background checks as defined herein. The absence of such a federal 27
law as described in this subsection shall not prevent or preclude 28
such authorization where it may be derived or granted through means 29
other than the enactment of this compact. 30
(3) Nothing in this compact prohibits a member state from 31
charging a fee for granting and renewing the compact privilege.32
NEW SECTION. Sec. 4. COMPACT PRIVILEGE. (1) To exercise the 33
compact privilege under the terms and provisions of the compact, the 34
licensee shall:35
(a) Hold and maintain an active home state license as a 36
respiratory therapist; 37
(b) Hold and maintain an active credential from the national 38
board for respiratory care (or its successor) that would qualify them 39
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for licensure in the remote state in which they are seeking the 1
privilege; 2
(c) Have not had any adverse action against a license within the 3
previous two years; 4
(d) Notify the commission that the licensee is seeking the 5
compact privilege within a remote state(s); 6
(e) Pay any applicable fees, including any state and commission 7
fees and renewal fees, for the compact privilege; 8
(f) Meet any jurisprudence requirements established by the remote 9
state in which the licensee is seeking a compact privilege;10
(g) Report to the commission adverse action taken by any 11
nonmember state within 30 days from the date the adverse action is 12
taken; 13
(h) Report to the commission, when applying for a compact 14
privilege, the address of the licensee's domicile and thereafter 15
promptly report to the commission any change in the address of the 16
licensee's domicile within 30 days of the effective date of the 17
change in address; and 18
(i) Consent to accept service of process by mail at the 19
licensee's domicile on record with the commission with respect to any 20
action brought against the licensee by the commission or a member 21
state, and consent to accept service of a subpoena by mail at the 22
licensee's domicile on record with the commission with respect to any 23
action brought or investigation conducted by the commission or a 24
member state. 25
(2) The compact privilege is valid until the expiration date or 26
revocation of the home state license unless terminated pursuant to 27
adverse action. The licensee must comply with all of the requirements 28
of subsection (1) of this section to maintain the compact privilege 29
in a remote state. If those requirements are met, no adverse actions 30
are taken, and the licensee has paid any applicable compact privilege 31
renewal fees, then the licensee will maintain the licensee's compact 32
privilege. 33
(3) A licensee providing respiratory therapy in a remote state 34
under the compact privilege shall function within the scope of 35
practice authorized by the remote state for the type of respiratory 36
therapist license the licensee holds. Such procedures, actions, 37
processes, and the circumstances under which they may be undertaken 38
may be established through means including, but not limited to, 39
statute, regulations, case law, and other processes available to the 40
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state respiratory therapy licensing authority or other government 1
agency. 2
(4) If a licensee's compact privilege in a remote state is 3
removed by the remote state, the individual shall lose or be 4
ineligible for the compact privilege in that remote state until the 5
compact privilege is no longer limited or restricted by that state.6
(5) If a home state license is encumbered, the licensee shall 7
lose the compact privilege in all remote states until the following 8
occur: 9
(a) The home state license is no longer encumbered; and10
(b) Two years have elapsed from the date on which the license is 11
no longer encumbered due to the adverse action. 12
(6) Once a licensee with a restricted or limited license meets 13
the requirements of subsection (5)(a) and (b) of this section, the 14
licensee must also meet the requirements of subsection (1) of this 15
section to obtain a compact privilege in a remote state.16
NEW SECTION. Sec. 5. ACTIVE MILITARY MEMBER OR THEIR SPOUSE. 17
(1) An active military member, or their spouse, shall designate a 18
home state where the individual has a current license in good 19
standing. The individual may retain the home state designation during 20
the period the service member is on active duty.21
(2) An active military member and their spouse shall not be 22
required to pay to the commission for a compact privilege any fee 23
that may otherwise be charged by the commission. If a remote state 24
chooses to charge a fee for a compact privilege, it may choose to 25
charge a reduced fee or no fee to an active military member and their 26
spouse for a compact privilege. 27
NEW SECTION. Sec. 6. ADVERSE ACTIONS. (1) A member state in 28
which a licensee is licensed shall have authority to impose adverse 29
action against the license issued by that member state.30
(2) A member state may take adverse action based on significant 31
investigative information of a remote state or the home state, so 32
long as the member state follows its own procedures for imposing 33
adverse action. 34
(3) Nothing in this compact shall override a member state's 35
decision that participation in an alternative program may be used in 36
lieu of adverse action and that such participation shall remain 37
nonpublic if required by the member state's laws. 38
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(4)(a) A remote state shall have the authority to:1
(i) Take adverse actions as set forth herein against a licensee's 2
compact privilege in that state; 3
(ii) Issue subpoenas for both hearings and investigations that 4
require the attendance and testimony of witnesses, and the production 5
of evidence. 6
(A) Subpoenas may be issued by a respiratory therapy licensing 7
authority in a member state for the attendance and testimony of 8
witnesses and the production of evidence. 9
(B) Subpoenas issued by a respiratory therapy licensing authority 10
in a member state for the attendance and testimony of witnesses shall 11
be enforced in the latter state by any court of competent 12
jurisdiction in the latter state, according to the practice and 13
procedure of that court applicable to subpoenas issued in proceedings 14
pending before it. 15
(C) Subpoenas issued by a respiratory therapy licensing authority 16
in a member state for production of evidence from another member 17
state shall be enforced in the latter state, according to the 18
practice and procedure of that court applicable to subpoenas issued 19
in the proceedings pending before it. 20
(D) The issuing authority shall pay any witness fees, travel 21
expenses, mileage, and other fees required by the service statutes of 22
the state where the witnesses or evidence are located; and23
(iii) Unless otherwise prohibited by state law, recover from the 24
licensee the costs of investigations and disposition of cases 25
resulting from any adverse action taken against that licensee.26
(b) Notwithstanding (a)(ii) of this subsection, a member state 27
may not issue a subpoena to gather evidence of conduct in another 28
member state that is lawful in such other member state for the 29
purpose of taking adverse action against a licensee's compact 30
privilege or application for a compact privilege in that member 31
state. 32
(c) Nothing in this compact authorizes a member state to impose 33
discipline against a respiratory therapist's compact privilege in 34
that member state for the individual's otherwise lawful practice in 35
another state. 36
(5) Joint investigations. 37
(a) In addition to the authority granted to a member state by its 38
respective respiratory therapy practice act or other applicable state 39
law, a member state may participate with other member states in joint 40
p. 8 HB 1114
investigations of licensees, provided, however, that a member state 1
receiving such a request has no obligation to respond to any subpoena 2
issued regarding an investigation of conduct or practice that was 3
lawful in a member state at the time it was undertaken.4
(b) Member states shall share any significant investigative 5
information, litigation, or compliance materials in furtherance of 6
any joint or individual investigation initiated under the compact. In 7
sharing such information between member state respiratory therapy 8
licensing authorities, all information obtained shall be kept 9
confidential, except as otherwise mutually agreed upon by the sharing 10
and receiving member state(s). 11
(6) Nothing in this compact may permit a member state to take any 12
adverse action against a licensee or holder of a compact privilege 13
for conduct or practice that was legal in the member state at the 14
time it was undertaken. 15
(7) Nothing in this compact may permit a member state to take 16
disciplinary action against a licensee or holder of a compact 17
privilege for conduct or practice that was legal in the member state 18
at the time it was undertaken. 19
NEW SECTION. Sec. 7. ESTABLISHMENT OF THE RESPIRATORY CARE 20
INTERSTATE COMPACT COMMISSION. (1) The compact member states hereby 21
create and establish a joint government agency whose membership 22
consists of all member states that have enacted the compact known as 23
the respiratory care interstate compact commission. The commission is 24
an instrumentality of the compact member states acting jointly and 25
not an instrumentality of any one state. The commission shall come 26
into existence on or after the effective date of the compact, as set 27
forth in section 11 of this act.28
(2) Membership, voting, and meetings. 29
(a) Each member state shall have and be limited to one 30
commissioner selected by that member state's respiratory therapy 31
licensing authority. 32
(b) The commissioner shall be an administrator or their 33
designated staff member of the member state's respiratory therapy 34
licensing authority. 35
(c) The commission shall by rule or bylaw establish a term of 36
office for commissioners and may by rule or bylaw establish term 37
limits. 38
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(d) The commission may recommend to a member state the removal or 1
suspension of any commissioner from office. 2
(e) A member state's respiratory therapy licensing authority 3
shall fill any vacancy of its commissioner occurring on the 4
commission within 60 days of the vacancy. 5
(f) Each commissioner shall be entitled to one vote on all 6
matters before the commission requiring a vote by commissioners.7
(g) A commissioner shall vote in person or by such other means as 8
provided in the bylaws. The bylaws may provide for commissioners to 9
meet by telecommunication, videoconference, or other means of 10
communication. 11
(h) The commission shall meet at least once during each calendar 12
year. Additional meetings may be held as set forth in the bylaws.13
(3) The commission shall have the following powers:14
(a) Establish and amend the fiscal year of the commission;15
(b) Establish and amend bylaws and policies including, but not 16
limited to, a code of conduct and conflict of interest;17
(c) Establish and amend rules, which shall be binding in all 18
member states; 19
(d) Maintain its financial records in accordance with the bylaws;20
(e) Meet and take such actions as are consistent with the 21
provisions of this compact, the commission's rules, and the bylaws;22
(f) Initiate and conduct legal proceedings or actions in the name 23
of the commission, provided that the standing of any respiratory 24
therapy licensing authority to sue or be sued under applicable law 25
shall not be affected; 26
(g) Maintain and certify records and information provided to a 27
member state as the authenticated business records of the commission, 28
and designate an agent to do so on the commission's behalf;29
(h) Purchase and maintain insurance and bonds;30
(i) Accept or contract for services of personnel including, but 31
not limited to, employees of a member state; 32
(j) Conduct an annual financial review; 33
(k) Hire employees, elect or appoint officers, fix compensation, 34
define duties, grant such individuals appropriate authority to carry 35
out the purposes of the compact, and establish the commission's 36
personnel policies and programs relating to conflicts of interest, 37
qualifications of personnel, and other related personnel matters;38
(l) Assess and collect fees; 39
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(m) Accept any and all appropriate gifts, donations, grants of 1
money, other sources of revenue, equipment, supplies, materials, and 2
services, and receive, utilize, and dispose of the same, provided 3
that at all times: 4
(i) The commission shall avoid any appearance of impropriety; and5
(ii) The commission shall avoid any appearance of conflict of 6
interest; 7
(n) Lease, purchase, retain, own, hold, improve, or use any 8
property, real, personal, or mixed, or any undivided interest 9
therein; 10
(o) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 11
otherwise dispose of any property, real, personal, or mixed;12
(p) Establish a budget and make expenditures; 13
(q) Borrow money in a fiscally responsible manner;14
(r) Appoint committees, including standing committees, composed 15
of commissioners, state regulators, state legislators or their 16
representatives, and consumer representatives, and such other 17
interested persons as may be designated in this compact and the 18
bylaws; 19
(s) Provide and receive information from, and cooperate with, law 20
enforcement agencies; 21
(t) Establish and elect an executive committee, including a 22
chair, vice chair, secretary, treasurer, and such other offices as 23
the commission shall establish by rule or bylaw; 24
(u) Enter into contracts or arrangements for the management of 25
the affairs of the commission; 26
(v) Determine whether a state's adopted language is materially 27
different from the model compact language such that the state would 28
not qualify for participation in the compact; and 29
(w) Perform such other functions as may be necessary or 30
appropriate to achieve the purposes of this compact.31
(4) The executive committee. 32
(a) The executive committee shall have the power to act on behalf 33
of the commission according to the terms of this compact. The powers, 34
duties, and responsibilities of the executive committee shall 35
include: 36
(i) Overseeing the day-to-day activities of the administration of 37
the compact, including enforcement and compliance with the provisions 38
of the compact, its rules and bylaws, and other such duties as deemed 39
necessary; 40
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(ii) Recommending to the commission changes to the rules or 1
bylaws, changes to this compact legislation, fees charged to compact 2
member states, fees charged to licensees, and other fees;3
(iii) Ensuring compact administration services are appropriately 4
provided, including by contract; 5
(iv) Preparing and recommending the budget; 6
(v) Maintaining financial records on behalf of the commission;7
(vi) Monitoring compact compliance of member states and providing 8
compliance reports to the commission; 9
(vii) Establishing additional committees as necessary;10
(viii) Exercising the powers and duties of the commission during 11
the interim between commission meetings, except for adopting or 12
amending rules, adopting or amending bylaws, and exercising any other 13
powers and duties expressly reserved to the commission by rule or 14
bylaw; and 15
(ix) Performing other duties as provided in the rules or bylaws 16
of the commission. 17
(b) The executive committee shall be composed of up to nine 18
members, as further set forth in the bylaws of the commission:19
(i) Seven voting members who are elected by the commission from 20
the current membership of the commission; and 21
(ii) Two ex officio, nonvoting members. 22
(c) The commission may remove any member of the executive 23
committee as provided in the commission's bylaws. 24
(d) The executive committee shall meet at least annually.25
(i) Executive committee meetings shall be open to the public, 26
except that the executive committee may meet in a closed, nonpublic 27
meeting as provided in subsection (6)(d) of this section;28
(ii) The executive committee shall give advance notice of its 29
meetings, posted on its website and as determined to provide notice 30
to persons with an interest in the business of the commission; and31
(iii) The executive committee may hold a special meeting in 32
accordance with subsection (6)(b) of this section.33
(5) The commission shall adopt and provide to the member states 34
an annual report. 35
(6) Meetings of the commission. 36
(a) All meetings of the commission that are not closed pursuant 37
to (d) of this subsection shall be open to the public. Notice of 38
public meetings shall be posted on the commission's website at least 39
30 days prior to the public meeting. 40
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(b) Notwithstanding (a) of this subsection, the commission may 1
convene an emergency public meeting by providing at least 24 hours 2
prior notice on the commission's website, and any other means as 3
provided in the commission's rules, for any of the reasons it may 4
dispense with notice of proposed rule making under section 9 (7) of 5
this act. The commission's legal counsel shall certify that one of 6
the reasons justifying an emergency public meeting has been met.7
(c) Notice of all commission meetings shall provide the time, 8
date, and location of the meeting, and if the meeting is to be held 9
or accessible via telecommunication, videoconference, or other 10
electronic means, the notice shall include the mechanism for access 11
to the meeting. 12
(d) The commission or the executive committee may convene in a 13
closed, nonpublic meeting for the commission or executive committee 14
to receive or solicit legal advice or to discuss: 15
(i) Noncompliance of a member state with its obligations under 16
the compact; 17
(ii) The employment, compensation, discipline, or other matters, 18
practices, or procedures related to specific employees;19
(iii) Current or threatened discipline of a licensee or compact 20
privilege holder by the commission or by a member state's respiratory 21
therapy licensing authority; 22
(iv) Current, threatened, or reasonably anticipated litigation;23
(v) Negotiation of contracts for the purchase, lease, or sale of 24
goods, services, or real estate; 25
(vi) Accusing any person of a crime or formally censuring any 26
person; 27
(vii) Trade secrets or commercial or financial information that 28
is privileged or confidential; 29
(viii) Information of a personal nature where disclosure would 30
constitute a clearly unwarranted invasion of personal privacy;31
(ix) Investigative records compiled for law enforcement purposes;32
(x) Information related to any investigative reports prepared by 33
or on behalf of or for use of the commission or other committee 34
charged with responsibility of investigation or determination of 35
compliance issues pursuant to the compact; 36
(xi) Legal advice; 37
(xii) Matters specifically exempted from disclosure by federal or 38
member state law; or 39
(xiii) Other matters as promulgated by the commission by rule.40
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(e) If a meeting, or portion of a meeting, is closed, the 1
presiding officer shall state that the meeting will be closed and 2
reference each relevant exempting provision, and such reference shall 3
be recorded in the minutes. 4
(f) The commission shall keep minutes in accordance with 5
commission rules and bylaws. All documents considered in connection 6
with an action shall be identified in such minutes. All minutes and 7
documents of a closed meeting shall remain under seal, subject to 8
release only by a majority vote of the commission or order of a court 9
of competent jurisdiction. 10
(7) Financing of the commission. 11
(a) The commission shall pay, or provide for the payment of, the 12
reasonable expenses of its establishment, organization, and ongoing 13
activities. 14
(b) The commission may accept any and all appropriate revenue 15
sources as provided herein. 16
(c) The commission may levy on and collect an annual assessment 17
from each member state and impose fees on licensees of member states 18
to whom it grants a compact privilege to cover the cost of the 19
operations and activities of the commission and its staff. The 20
aggregate annual assessment amount for member states, if any, shall 21
be allocated based upon a formula that the commission shall 22
promulgate by rule. 23
(d) The commission shall not incur obligations of any kind prior 24
to securing the funds or a loan adequate to meet the same; nor shall 25
the commission pledge the credit of any of the member states, except 26
by and with the authority of the member state. 27
(e) The commission shall keep accurate accounts of all receipts 28
and disbursements. The receipts and disbursements of the commission 29
shall be subject to the financial review and accounting procedures 30
established under its bylaws. However, all receipts and disbursements 31
of funds handled by the commission shall be subject to an annual 32
financial review by a certified or licensed public accountant, and 33
the report of the financial review shall be included in and become 34
part of the annual report of the commission. 35
(8) Qualified immunity, defense, and indemnification.36
(a) Nothing herein shall be construed as a limitation on the 37
liability of any licensee for professional malpractice or misconduct, 38
which shall be governed solely by any other applicable state laws.39
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(b) The member states, commissioners, officers, executive 1
directors, employees, and agents of the commission shall be immune 2
from suit and liability, both personally and in their official 3
capacity, for any claim for damage to or loss of property or personal 4
injury or other civil liability caused by or arising out of any 5
actual or alleged act, error, or omission that occurred, or that the 6
person against whom the claim is made had a reasonable basis for 7
believing occurred within the scope of commission employment, duties, 8
or responsibilities; provided that nothing in this subsection shall 9
be construed to protect any such person from suit or liability for 10
any damage, loss, injury, or liability caused by the intentional or 11
willful or wanton misconduct of that person. The procurement of 12
insurance of any type by the commission shall not in any way 13
compromise or limit the immunity granted hereunder.14
(c) The commission shall defend any commissioner, officer, 15
executive director, employee, and agent of the commission in any 16
civil action seeking to impose liability arising out of any actual or 17
alleged act, error, or omission that occurred within the scope of 18
commission employment, duties, or responsibilities, or as determined 19
by the commission that the person against whom the claim is made had 20
a reasonable basis for believing occurred within the scope of 21
commission employment, duties, or responsibilities; provided that 22
nothing herein shall be construed to prohibit that person from 23
retaining their own counsel at their own expense; and provided 24
further, that the actual or alleged act, error, or omission did not 25
result from that person's intentional or willful or wanton 26
misconduct. 27
(d) The commission shall indemnify and hold harmless any 28
commissioner, member, officer, executive director, employee, and 29
agent of the commission for the amount of any settlement or judgment 30
obtained against that person arising out of any actual or alleged 31
act, error, or omission that occurred within the scope of commission 32
employment, duties, or responsibilities, or that such person had a 33
reasonable basis for believing occurred within the scope of 34
commission employment, duties, or responsibilities, provided that the 35
actual or alleged act, error, or omission did not result from the 36
intentional or willful or wanton misconduct of that person.37
(e) Nothing in this compact shall be interpreted to waive or 38
otherwise abrogate a member state's state action immunity or state 39
action affirmative defense with respect to antitrust claims under the 40
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Sherman act, Clayton act, or any other state or federal antitrust or 1
anticompetitive law or regulation. 2
(f) Nothing in this compact shall be construed to be a waiver of 3
sovereign immunity by the member states or by the commission.4
NEW SECTION. Sec. 8. DATA SYSTEMS. (1) The commission shall 5
provide for the development, maintenance, operation, and utilization 6
of a coordinated database and reporting system containing licensure, 7
adverse action, and the presence of significant investigative 8
information.9
(2) Notwithstanding any other provision of state law to the 10
contrary, a member state shall submit a uniform data set to the data 11
system as required by the rules of the commission including, but not 12
limited to: 13
(a) Identifying information; 14
(b) Licensure data; 15
(c) Adverse actions against a licensee, license applicant, or 16
compact privilege holder and information related thereto;17
(d) Nonconfidential information related to alternative program 18
participation, the beginning and ending dates of such participation, 19
and other information related to such participation not made 20
confidential under member state law; 21
(e) Any denial of application for licensure, and the reason (s) 22
for such denial; 23
(f) The presence of current significant investigative 24
information; and 25
(g) Other information that may facilitate the administration of 26
this compact or the protection of the public, as determined by the 27
rules of the commission. 28
(3) No member state shall submit any information which 29
constitutes criminal history record information, as defined by 30
applicable federal law, to the data system established hereunder.31
(4) The records and information provided to a member state 32
pursuant to this compact or through the data system, when certified 33
by the commission or an agent thereof, shall constitute the 34
authenticated business records of the commission, and shall be 35
entitled to any associated hearsay exception in any relevant 36
judicial, quasi-judicial, or administrative proceedings in a member 37
state. 38
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(5) Significant investigative information pertaining to a 1
licensee in any member state will only be available to other member 2
states. 3
(6) It is the responsibility of the member states to report any 4
adverse action against a licensee and to monitor the database to 5
determine whether adverse action has been taken against a licensee. 6
Adverse action information pertaining to a licensee in any member 7
state will be available to any other member state. 8
(7) Member states contributing information to the data system may 9
designate information that may not be shared with the public without 10
the express permission of the contributing state. 11
(8) Any information submitted to the data system that is 12
subsequently expunged pursuant to federal law or the laws of the 13
member state contributing the information shall be removed from the 14
data system. 15
NEW SECTION. Sec. 9. RULE MAKING. (1) The commission shall 16
promulgate reasonable rules in order to effectively and efficiently 17
implement and administer the purposes and provisions of the compact. 18
A rule shall be invalid and have no force or effect only if a court 19
of competent jurisdiction holds that the rule is invalid because the 20
commission exercised its rule-making authority in a manner that is 21
beyond the scope and purposes of the compact, or the powers granted 22
hereunder, or based upon another applicable standard of review.23
(2) For purposes of the compact, the rules of the commission 24
shall have the force of law in each member state. 25
(3) The commission shall exercise its rule-making powers pursuant 26
to the criteria set forth in this section and the rules adopted 27
thereunder. Rules shall become binding as of the date specified in 28
each rule. 29
(4) If a majority of the legislatures of the member states 30
rejects a rule or portion of a rule, by enactment of a statute or 31
resolution in the same manner used to adopt the compact within four 32
years of the date of adoption of the rule, then such rule shall have 33
no further force and effect in any member state. 34
(5) Rules shall be adopted at a regular or special meeting of the 35
commission. 36
(6) Prior to adoption of a proposed rule, the commission shall 37
hold a public hearing and allow persons to provide oral and written 38
comments, data, facts, opinions, and arguments. 39
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(7) Prior to adoption of a proposed rule by the commission, and 1
at least 30 days in advance of the meeting at which the commission 2
will hold a public hearing on the proposed rule, the commission shall 3
provide a notice of proposed rule making: 4
(a) On the website of the commission or other publicly accessible 5
platform; 6
(b) To persons who have requested notice of the commission's 7
notices of proposed rule making; and 8
(c) In such other way(s) as the commission may by rule specify.9
(8) The notice of proposed rule making shall include:10
(a) The time, date, and location of the public hearing at which 11
the commission will hear public comments on the proposed rule and, if 12
different, the time, date, and location of the meeting where the 13
commission will consider and vote on the proposed rule;14
(b) If the hearing is held via telecommunication, 15
videoconference, or other electronic means, the mechanism for access 16
to the hearing in the notice of proposed rule making;17
(c) The text of the proposed rule and the reason therefor;18
(d) A request for comments on the proposed rule from any 19
interested person; and 20
(e) The manner in which interested persons may submit written 21
comments. 22
(9) All hearings will be recorded. A copy of the recording and 23
all written comments and documents received by the commission in 24
response to the proposed rule shall be available to the public.25
(10) Nothing in this section shall be construed as requiring a 26
separate hearing on each rule. Rules may be grouped for the 27
convenience of the commission at hearings required by this section.28
(11) The commission shall, by majority vote of all commissioners, 29
take final action on the proposed rule based on the rule-making 30
record and the full text of the rule. 31
(a) The commission may adopt changes to the proposed rule 32
provided the changes are consistent with the original purpose of the 33
proposed rule. 34
(b) The commission shall provide an explanation of the reasons 35
for substantive changes made to the proposed rule as well as reasons 36
for substantive changes not made that were recommended by commenters.37
(c) The commission shall determine a reasonable effective date 38
for the rule. Except for an emergency as provided in subsection (12) 39
of this section, the effective date of the rule shall be no sooner 40
p. 18 HB 1114
than 30 days after issuing the notice that it adopted or amended the 1
rule. 2
(12) Upon determination that an emergency exists, the commission 3
may consider and adopt an emergency rule with 24 hours' notice, and 4
with opportunity to comment, provided that the usual rule-making 5
procedures provided in the compact and in this section shall be 6
retroactively applied to the rule as soon as reasonably possible, in 7
no event later than 90 days after the effective date of the rule. For 8
the purposes of this provision, an emergency rule is one that must be 9
adopted immediately in order to: 10
(a) Meet an imminent threat to public health, safety, or welfare;11
(b) Prevent a loss of commission or member state funds;12
(c) Meet a deadline for the promulgation of a rule that is 13
established by federal law or rule; or 14
(d) Protect public health and safety. 15
(13) The commission or an authorized committee of the commission 16
may direct revisions to a previously adopted rule for purposes of 17
correcting typographical errors, errors in format, errors in 18
consistency, or grammatical errors. Public notice of any revisions 19
shall be posted on the website of the commission. The revision shall 20
be subject to challenge by any person for a period of 30 days after 21
posting. The revision may be challenged only on grounds that the 22
revision results in a material change to a rule. A challenge shall be 23
made in writing and delivered to the commission prior to the end of 24
the notice period. If no challenge is made, the revision will take 25
effect without further action. If the revision is challenged, the 26
revision may not take effect without the approval of the commission.27
(14)(a) No member state's rule-making process or procedural 28
requirements shall apply to the commission. 29
(b) The commission shall have no authority over any member 30
state's rule-making process or procedural requirements that do not 31
pertain to the compact. 32
(15) Nothing in this compact, nor any rule or regulation of the 33
commission, shall be construed to limit, restrict, or in any way 34
reduce the ability of a member state to enact and enforce laws, 35
regulations, or other rules related to the practice of respiratory 36
therapy in that state, where those laws, regulations, or other rules 37
are not inconsistent with the provisions of this compact.38
p. 19 HB 1114
NEW SECTION. Sec. 10. OVERSIGHT, DISPUTE RESOLUTION, AND 1
ENFORCEMENT. (1) Oversight.2
(a) The executive and judicial branches of state government in 3
each member state shall enforce this compact and take all actions 4
necessary and appropriate to implement the compact.5
(b) Venue is proper and judicial proceedings by or against the 6
commission shall be brought solely and exclusively in a court of 7
competent jurisdiction where the principal office of the commission 8
is located. The commission may waive venue and jurisdictional 9
defenses to the extent it adopts or consents to participate in 10
alternative dispute resolution proceedings. Nothing herein shall 11
affect or limit the selection or propriety of venue in any action 12
against a licensee for professional malpractice, misconduct, or any 13
such similar matter. 14
(c) The commission shall be entitled to receive service of 15
process in any proceeding regarding the enforcement or interpretation 16
of the compact and shall have standing to intervene in such a 17
proceeding for all purposes. Failure to provide the commission 18
service of process shall render a judgment or order void as to the 19
commission, this compact, or promulgated rules. 20
(2) Default, technical assistance, and termination.21
(a) If the commission determines that a member state has 22
defaulted in the performance of its obligations or responsibilities 23
under this compact or the promulgated rules, the commission shall 24
provide written notice to the defaulting state. The notice of default 25
shall describe the default, the proposed means of curing the default, 26
and any other action that the commission may take, and shall offer 27
training and specific technical assistance regarding the default.28
(b) The commission shall provide a copy of the notice of default 29
to the other member states. 30
(3) If a state in default fails to cure the default, the 31
defaulting state may be terminated from the compact upon an 32
affirmative vote of a majority of the commissioners of the member 33
states, and all rights, privileges, and benefits conferred on that 34
state by this compact may be terminated on the effective date of 35
termination. A cure of the default does not relieve the offending 36
state of obligations or liabilities incurred during the period of 37
default. 38
(4) Termination of membership in the compact shall be imposed 39
only after all other means of securing compliance have been 40
p. 20 HB 1114
exhausted. Notice of intent to suspend or terminate shall be given by 1
the commission to the governor, the majority and minority leaders of 2
the defaulting state's legislature, the defaulting state's 3
respiratory therapy licensing authority, and each of the member 4
states' respiratory therapy licensing authorities. 5
(5) A state that has been terminated is responsible for all 6
assessments, obligations, and liabilities incurred through the 7
effective date of termination, including obligations that extend 8
beyond the effective date of termination, if necessary.9
(6) Upon the termination of a state's membership from this 10
compact, that state shall immediately provide notice to all licensees 11
and compact privilege holders (of which the commission has a record) 12
within that state of such termination. The terminated state shall 13
continue to recognize all licenses granted pursuant to this compact 14
for a minimum of 180 days after the date of said notice of 15
termination. 16
(7) The commission shall not bear any costs related to a state 17
that is found to be in default or that has been terminated from the 18
compact, unless agreed upon in writing between the commission and the 19
defaulting state. 20
(8) The defaulting state may appeal the action of the commission 21
by petitioning the United States district court for the District of 22
Columbia or the federal district where the commission has its 23
principal offices. The prevailing party shall be awarded all costs of 24
such litigation, including reasonable attorneys' fees.25
(9) Dispute resolution. 26
(a) Upon request by a member state, the commission shall attempt 27
to resolve disputes related to the compact that arise among member 28
states and between member and nonmember states. 29
(b) The commission shall promulgate a rule providing for both 30
mediation and binding dispute resolution for disputes, as 31
appropriate. 32
(10) Enforcement. 33
(a) By majority vote, as may be further provided by rule, the 34
commission may initiate legal action against a member state in 35
default in the United States district court for the District of 36
Columbia or the federal district where the commission has its 37
principal offices to enforce compliance with the provisions of the 38
compact and its promulgated rules. A member state by enactment of 39
this compact consents to venue and jurisdiction in such court for the 40
p. 21 HB 1114
purposes set forth herein. The relief sought may include both 1
injunctive relief and damages. In the event judicial enforcement is 2
necessary, the prevailing party shall be awarded all costs of such 3
litigation, including reasonable attorneys' fees. The remedies herein 4
shall not be the exclusive remedies of the commission. The commission 5
may pursue any other remedies available under federal or the 6
defaulting member state's law. 7
(b) A member state may initiate legal action against the 8
commission in the United States district court for the District of 9
Columbia or the federal district where the commission has its 10
principal offices to enforce compliance with the provisions of the 11
compact and its promulgated rules. The relief sought may include both 12
injunctive relief and damages. In the event judicial enforcement is 13
necessary, the prevailing party shall be awarded all costs of such 14
litigation, including reasonable attorneys' fees. 15
(c) No person other than a member state shall enforce this 16
compact against the commission. 17
NEW SECTION. Sec. 11. EFFECTIVE DATE, WITHDRAWAL, AND 18
AMENDMENT. (1) The compact shall come into effect on the date on 19
which the compact statute is enacted into law in the seventh member 20
state ("effective date").21
(a) On or after the effective date of the compact, the commission 22
shall convene and review the enactment of each of the first seven 23
member states ("charter member states") to determine if the statute 24
enacted by each such charter member state is materially different 25
than the model compact. 26
(i) A charter member state whose enactment is found to be 27
materially different from the model compact shall be entitled to the 28
default process set forth in section 10 of this act.29
(ii) If any member state is later found to be in default, or is 30
terminated or withdraws from the compact, the commission shall remain 31
in existence and the compact shall remain in effect even if the 32
number of member states should be less than seven.33
(b) Member states enacting the compact subsequent to the seven 34
initial charter member states shall be subject to the process set 35
forth herein and commission rule to determine if their enactments are 36
materially different from the model compact and whether they qualify 37
for participation in the compact. 38
p. 22 HB 1114
(c) All actions taken for the benefit of the commission or in 1
furtherance of the purposes of the administration of the compact 2
prior to the effective date of the compact or the commission coming 3
into existence shall be considered to be actions of the commission 4
unless specifically repudiated by the commission. The commission 5
shall own and have all rights to any intellectual property developed 6
on behalf or in furtherance of the commission by individuals or 7
entities involved in organizing or establishing the commission, as 8
may be further set forth in rules of the commission.9
(d) Any state that joins the compact subsequent to the 10
commission's initial adoption of the rules and bylaws shall be 11
subject to the rules and bylaws as they exist on the date on which 12
the compact becomes law in that state. Any rule that has been 13
previously adopted by the commission shall have the full force and 14
effect of law on the date the compact becomes law in that state.15
(2) Any member state may withdraw from this compact by enacting a 16
statute repealing the same. 17
(a) A member state's withdrawal shall not take effect until 180 18
days after enactment of the repealing statute. 19
(b) Withdrawal shall not affect the continuing requirement of the 20
withdrawing state's respiratory therapy licensing authority to comply 21
with the investigative and adverse action reporting requirements of 22
this compact prior to the effective date of withdrawal.23
(c) Upon the enactment of a statute withdrawing from this 24
compact, a state shall immediately provide notice of such withdrawal 25
to all licensees and compact privilege holders (of which the 26
commission has a record) within that state. Notwithstanding any 27
subsequent statutory enactment to the contrary, such withdrawing 28
state shall continue to recognize all licenses granted pursuant to 29
this compact for a minimum of 180 days after the date of such notice 30
of withdrawal. 31
(3) Nothing contained in this compact shall be construed to 32
invalidate or prevent any licensure agreement or other cooperative 33
arrangement between a member state and a nonmember state that does 34
not conflict with the provisions of this compact. 35
(4) This compact may be amended by the member states. No 36
amendment to this compact shall become effective and binding upon any 37
member state until it is enacted into the laws of all member states.38
p. 23 HB 1114
NEW SECTION. Sec. 12. CONSTRUCTION AND SEVERABILITY. (1) This 1
compact and the commission's rule-making authority shall be liberally 2
construed so as to effectuate the purposes and the implementation and 3
administration of the compact. Provisions of the compact expressly 4
authorizing or requiring the promulgation of rules shall not be 5
construed to limit the commission's rule-making authority solely for 6
those purposes.7
(2) The provisions of this compact shall be severable, and if any 8
phrase, clause, sentence, or provision of this compact is held by a 9
court of competent jurisdiction to be contrary to the constitution of 10
any member state, a state seeking participation in the compact, or of 11
the United States, or the applicability thereof to any government, 12
agency, person, or circumstance is held to be unconstitutional by a 13
court of competent jurisdiction, the validity of the remainder of 14
this compact and the applicability thereof to any other government, 15
agency, person, or circumstance shall not be affected thereby.16
(3) Notwithstanding subsection (2) of this section, the 17
commission may deny a state's participation in the compact or, in 18
accordance with the requirements of section 10 of this act, terminate 19
a member state's participation in the compact, if it determines that 20
a constitutional requirement of a member state is a material 21
departure from the compact. Otherwise, if this compact shall be held 22
to be contrary to the constitution of any member state, the compact 23
shall remain in full force and effect as to the remaining member 24
states and in full force and effect as to the member state affected 25
as to all severable matters. 26
NEW SECTION. Sec. 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER 27
STATE LAWS. (1) Nothing herein shall prevent or inhibit the 28
enforcement of any other law of a member state that is not 29
inconsistent with the compact.30
(2) Any laws, statutes, regulations, or other legal requirements 31
in a member state in conflict with the compact are superseded to the 32
extent of the conflict, including any subsequently enacted state 33
laws. 34
(3) All permissible agreements between the commission and the 35
member states are binding in accordance with their terms.36
(4) Other than as expressly set forth herein, nothing in this 37
compact will impact initial licensure. 38
p. 24 HB 1114
NEW SECTION. Sec. 14. Sections 1 through 13 of this act 1
constitute a new chapter in Title 18 RCW.2
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p. 25 HB 1114