Shown verbatim: the complete text as captured from the official PDF posted by the Missouri General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
SECOND REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED]
SENATE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2974
103RD GENERAL ASSEMBLY
6590S.03T 2026
AN ACT
To repeal section 324.009, RSMo, and to enact in lieu thereof four new sections relating to
licensure reciprocity.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 324.009, RSMo, is repealed and four new sections enacted in lieu
2 thereof, to be known as sections 324.009, 324.1800, 334.730, and 334.1800, to read as
3 follows:
324.009. 1. For purposes of this section, the following terms mean:
2 (1) "License", a license, certificate, registration, permit, accreditation, or military
3 occupational speciality that enables a person to legally practice an occupation or profession in
4 a particular jurisdiction;
5 (2) "Military", the Armed Forces of the United States including the Air Force, Army,
6 Coast Guard, Marine Corps, Navy, Space Force, National Guard and any other military
7 branch that is designated by Congress as part of the Armed Forces of the United States, and
8 all reserve components and auxiliaries. Such term also includes the military reserves and
9 militia of any United States territory or state;
10 (3) "Missouri law enforcement officer", any person employed by or otherwise serving
11 in a position for the state or a local governmental entity in the state of Missouri as a police
12 officer, peace officer certified under chapter 590, auxiliary police officer, sheriff, sheriff's
13 deputy, member of the patrol as that term is defined in section 43.010, or in some like position
14 involving the enforcement of the law and protection of the public interest at the risk of that
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
SS HCS HB 2974 2
15 person's life and who is a permanent resident of the state of Missouri or who is domiciled in
16 the state of Missouri;
17 (4) "Nonresident military or law enforcement spouse":
18 (a) A nonresident spouse of an active duty member of the Armed Forces of the United
19 States who has been transferred or is scheduled to be transferred to the state of Missouri, or
20 who has been transferred or is scheduled to be transferred to an adjacent state and is or will be
21 domiciled in the state of Missouri, or has moved to the state of Missouri on a permanent
22 change-of-station basis; or
23 (b) A nonresident spouse of a person residing outside the state of Missouri who has
24 accepted an offer of employment from and with the state or a local governmental entity in the
25 state of Missouri and who will become a Missouri law enforcement officer upon the
26 commencement of such employment;
27 (5) "Oversight body", any board, department, agency, or office of a jurisdiction that
28 issues licenses;
29 (6) "Resident military or law enforcement spouse", a spouse of an active duty
30 member of the Armed Forces of the United States who has been transferred or is scheduled to
31 be transferred to the state of Missouri or an adjacent state and who is a permanent resident of
32 the state of Missouri, who is domiciled in the state of Missouri, or who has Missouri as his or
33 her home of record, or a spouse of a Missouri law enforcement officer.
34 2. Any person who holds a valid current license issued by another state, a branch or
35 unit of the military, a territory of the United States, or the District of Columbia, and who has
36 been licensed for at least one year in such other jurisdiction, may submit an application for a
37 license in Missouri in the same occupation or profession, and at the same practice level, for
38 which he or she holds the current license, along with proof of current licensure and proof of
39 licensure for at least one year in the other jurisdiction, to the relevant oversight body in this
40 state.
41 3. The oversight body in this state shall:
42 (1) Within six months of receiving an application described in subsection 2 of this
43 section, waive any examination, educational, or experience requirements for licensure in this
44 state for the applicant if it determines that there were minimum education requirements and, if
45 applicable, work experience and clinical supervision requirements in effect and the other
46 [state] jurisdiction verifies that the person met those requirements in order to be licensed or
47 certified in that [state] jurisdiction. An oversight body that administers an examination on
48 laws of this state as part of its licensing application requirement may require an applicant to
49 take and pass an examination specific to the laws of this state; or
50 (2) Within thirty days of receiving an application described in subsection 2 of this
51 section from a nonresident military or law enforcement spouse or a resident military or law
SS HCS HB 2974 3
52 enforcement spouse, waive any examination, educational, or experience requirements for
53 licensure in this state for the applicant and issue such applicant a license under this section if
54 such applicant otherwise meets the requirements of this section.
55 4. (1) The oversight body shall not waive any examination, educational, or
56 experience requirements for any applicant who has had his or her license revoked by an
57 oversight body outside the state; who is currently under investigation, who has a complaint
58 pending, or who is currently under disciplinary action, except as provided in subdivision (2)
59 of this subsection, with an oversight body outside the state; who does not hold a license in
60 good standing with an oversight body outside the state; who has a criminal record that would
61 disqualify him or her for licensure in Missouri; or who does not hold a valid current license in
62 the other jurisdiction on the date the oversight body receives his or her application under this
63 section.
64 (2) If another jurisdiction has taken disciplinary action against an applicant, the
65 oversight body shall determine if the cause for the action was corrected and the matter
66 resolved. If the matter has not been resolved by that jurisdiction, the oversight body may
67 deny a license until the matter is resolved.
68 5. Nothing in this section shall prohibit the oversight body from denying a license to
69 an applicant under this section for any reason described in any section associated with the
70 occupation or profession for which the applicant seeks a license.
71 6. Any person who is licensed under the provisions of this section shall be subject to
72 the applicable oversight body's jurisdiction and all rules and regulations pertaining to the
73 practice of the licensed occupation or profession in this state. Any health care provider
74 licensed under the provisions of this section shall be deemed fully licensed to practice
75 within the profession's scope of practice in this state and may provide telehealth services
76 as described in section 191.1145 to the same extent and in the same manner as a health
77 care provider who received his or her license without a waiver of any requirements.
78 7. This section shall not be construed to waive any requirement for an applicant to
79 pay any fees, post any bonds or surety bonds, or submit proof of insurance associated with the
80 license the applicant seeks.
81 8. This section shall not apply to business, professional, or occupational licenses
82 issued or required by political subdivisions.
83 9. The provisions of this section shall not impede an oversight body's authority to
84 require an applicant to submit fingerprints as part of the application process.
85 10. The provisions of this section shall not be construed to alter the authority granted
86 by, or any requirements promulgated pursuant to, any interjurisdictional or interstate
87 compacts adopted by Missouri statute or any reciprocity agreements with other states in
SS HCS HB 2974 4
88 effect, and whenever possible this section shall be interpreted so as to imply no conflict
89 between it and any compact, or any reciprocity agreements with other states in effect.
90 11. Notwithstanding any other provision of law, a license issued under this section
91 shall be valid only in this state and shall not make a licensee eligible to be part of an interstate
92 compact. An applicant who is licensed in another state pursuant to an interstate compact shall
93 not be eligible for licensure by an oversight body under the provisions of this section.
94 12. The provisions of this section shall not apply to any occupation set forth in
95 subsection 6 of section 290.257, or any electrical contractor licensed under sections 324.900
96 to 324.945.
324.1800. SECTION 1. PURPOSE
2 The purpose of this Compact is to facilitate interstate Practice of Dietetics with
3 the goal of improving public access to dietetics services. This Compact preserves the
4 regulatory authority of States to protect public health and safety through the current
5 system of State licensure, while also providing for licensure portability through a
6 Compact Privilege granted to qualifying professionals.
7 This Compact is designed to achieve the following objectives:
8 A. Increase public access to dietetics services;
9 B. Provide opportunities for interstate practice by Licensed Dietitians who meet
10 uniform requirements;
11 C. Eliminate the necessity for Licenses in multiple States;
12 D. Reduce administrative burden on Member States and Licensees;
13 E. Enhance the States' ability to protect the public's health and safety;
14 F. Encourage the cooperation of Member States in regulating multistate practice
15 of Licensed Dietitians;
16 G. Support relocating Active Military Members and their spouses;
17 H. Enhance the exchange of licensure, investigative, and disciplinary
18 information among Member States; and
19 I. Vest all Member States with the authority to hold a Licensed Dietitian
20 accountable for meeting all State practice laws in the State in which the patient is
21 located at the time care is rendered.
22 SECTION 2. DEFINITIONS
23 As used in this Compact, and except as otherwise provided, the following
24 definitions shall apply:
25 A. "ACEND" means the Accreditation Council for Education in Nutrition and
26 Dietetics or its successor organization.
SS HCS HB 2974 5
27 B. "Active Military Member" means any individual with full-time duty status in
28 the active armed forces of the United States, including members of the National Guard
29 and Reserve.
30 C. "Adverse Action" means any administrative, civil, equitable or criminal
31 action permitted by a State's laws which is imposed by a Licensing Authority or other
32 authority against a Licensee, including actions against an individual's License or
33 Compact Privilege such as revocation, suspension, probation, monitoring of the
34 Licensee, limitation on the Licensee's practice, or any other Encumbrance on licensure
35 affecting a Licensee's authorization to practice, including issuance of a cease and desist
36 action.
37 D. "Alternative Program" means a non-disciplinary monitoring or practice
38 remediation process approved by a Licensing Authority.
39 E. "Charter Member State" means any Member State which enacted this
40 Compact by law before the Effective Date specified in Section 12.
41 F. "Continuing Education" means a requirement, as a condition of License
42 renewal, to provide evidence of participation in, and completion of, educational and
43 professional activities relevant to practice or area of work.
44 G. "CDR" means the Commission on Dietetic Registration or its successor
45 organization.
46 H. "Compact Commission" means the government agency whose membership
47 consists of all States that have enacted this Compact, which is known as the Dietitian
48 Licensure Compact Commission, as described in Section 8, and which shall operate as
49 an instrumentality of the Member States.
50 I. "Compact Privilege" means a legal authorization, which is equivalent to a
51 License, permitting the Practice of Dietetics in a Remote State.
52 J. "Current Significant Investigative Information" means:
53 1. Investigative Information that a Licensing Authority, after a preliminary
54 inquiry that includes notification and an opportunity for the subject Licensee to
55 respond, if required by State law, has reason to believe is not groundless and, if proved
56 true, would indicate more than a minor infraction; or
57 2. Investigative Information that indicates that the subject Licensee represents
58 an immediate threat to public health and safety regardless of whether the subject
59 Licensee has been notified and had an opportunity to respond.
60 K. "Data System" means a repository of information about Licensees, including,
61 but not limited to, Continuing Education, examination, licensure, investigative,
62 Compact Privilege and Adverse Action information.
SS HCS HB 2974 6
63 L. "Encumbered License" means a License in which an Adverse Action restricts
64 a Licensee's ability to practice dietetics.
65 M. "Encumbrance" means a revocation or suspension of, or any limitation on a
66 Licensee's full and unrestricted Practice of Dietetics by a Licensing Authority.
67 N. "Executive Committee" means a group of delegates elected or appointed to
68 act on behalf of, and within the powers granted to them by, this Compact, and the
69 Compact Commission.
70 O. "Home State" means the Member State that is the Licensee's primary State
71 of residence or that has been designated pursuant to Section 6.
72 P. "Investigative Information" means information, records, and documents
73 received or generated by a Licensing Authority pursuant to an investigation.
74 Q. "Jurisprudence Requirement" means an assessment of an individual's
75 knowledge of the State laws and regulations governing the Practice of Dietetics in such
76 State.
77 R. "License" means an authorization from a Member State to either:
78 1. Engage in the Practice of Dietetics (including medical nutrition therapy); or
79 2. Use the title "dietitian," "licensed dietitian," "licensed dietitian nutritionist,"
80 "certified dietitian," or other title describing a substantially similar practitioner as the
81 Compact Commission may further define by Rule.
82 S. "Licensee" or "Licensed Dietitian" means an individual who currently holds
83 a License and who meets all of the requirements outlined in Section 4.
84 T. "Licensing Authority" means the board or agency of a State, or equivalent,
85 that is responsible for the licensing and regulation of the Practice of Dietetics.
86 U. "Member State" means a State that has enacted the Compact.
87 V. "Practice of Dietetics" means the synthesis and application of dietetics as
88 defined by state law and regulations, primarily for the provision of nutrition care
89 services, including medical nutrition therapy, in person or via telehealth, to prevent,
90 manage, or treat diseases or medical conditions and promote wellness.
91 W. "Registered Dietitian" means a person who:
92 1. Has completed applicable education, experience, examination, and
93 recertification requirements approved by CDR;
94 2. Is credentialed by CDR as a registered dietitian or a registered dietitian
95 nutritionist; and
96 3. Is legally authorized to use the title registered dietitian or registered dietitian
97 nutritionist and the corresponding abbreviations "RD" or "RDN."
98 X. "Remote State" means a Member State other than the Home State, where a
99 Licensee is exercising or seeking to exercise a Compact Privilege.
SS HCS HB 2974 7
100 Y. "Rule" means a regulation promulgated by the Compact Commission that
101 has the force of law.
102 Z. "Single State License" means a License issued by a Member State within the
103 issuing State and does not include a Compact Privilege in any other Member State.
104 AA. "State" means any state, commonwealth, district, or territory of the United
105 States of America.
106 BB. "Unencumbered License" means a License that authorizes a Licensee to
107 engage in the full and unrestricted Practice of Dietetics.
108 SECTION 3. STATE PARTICIPATION IN THE COMPACT
109 A. To participate in the Compact, a State must currently:
110 1. License and regulate the Practice of Dietetics; and
111 2. Have a mechanism in place for receiving and investigating complaints about
112 Licensees.
113 B. A Member State shall:
114 1. Participate fully in the Compact Commission's Data System, including using
115 the unique identifier as defined in Rules;
116 2. Notify the Compact Commission, in compliance with the terms of the
117 Compact and Rules, of any Adverse Action or the availability of Current Significant
118 Investigative Information regarding a Licensee;
119 3. Implement or utilize procedures for considering the criminal history record
120 information of applicants for an initial Compact Privilege. These procedures shall
121 include the submission of fingerprints or other biometric-based information by
122 applicants for the purpose of obtaining an applicant's criminal history record
123 information from the Federal Bureau of Investigation and the agency responsible for
124 retaining that State's criminal records;
125 a. A Member State must fully implement a criminal history record information
126 requirement, within a time frame established by Rule, which includes receiving the
127 results of the Federal Bureau of Investigation record search and shall use those results
128 in determining Compact Privilege eligibility.
129 b. Communication between a Member State and the Compact Commission or
130 among Member States regarding the verification of eligibility for a Compact Privilege
131 shall not include any information received from the Federal Bureau of Investigation
132 relating to a federal criminal history record information check performed by a Member
133 State.
134 4. Comply with and enforce the Rules of the Compact Commission;
SS HCS HB 2974 8
135 5. Require an applicant for a Compact Privilege to obtain or retain a License in
136 the Licensee's Home State and meet the Home State's qualifications for licensure or
137 renewal of licensure, as well as all other applicable State laws; and
138 6. Recognize a Compact Privilege granted to a Licensee who meets all of the
139 requirements outlined in Section 4 in accordance with the terms of the Compact and
140 Rules.
141 C. Member States may set and collect a fee for granting a Compact Privilege.
142 D. Individuals not residing in a Member State shall continue to be able to apply
143 for a Member State's Single State License as provided under the laws of each Member
144 State. However, the Single State License granted to these individuals shall not be
145 recognized as granting a Compact Privilege to engage in the Practice of Dietetics in any
146 other Member State.
147 E. Nothing in this Compact shall affect the requirements established by a
148 Member State for the issuance of a Single State License.
149 F. At no point shall the Compact Commission have the power to define the
150 requirements for the issuance of a Single State License to practice dietetics. The
151 Member States shall retain sole jurisdiction over the provision of these requirements.
152 SECTION 4. COMPACT PRIVILEGE
153 A. To exercise the Compact Privilege under the terms and provisions of the
154 Compact, the Licensee shall:
155 1. Satisfy one of the following:
156 a. Hold a valid current registration that gives the applicant the right to use the
157 term Registered Dietitian; or
158 b. Complete all of the following:
159 i. An education program which is either:
160 (a) A master's degree or doctoral degree that is programmatically accredited by
161 (i) ACEND; or (ii) a dietetics accrediting agency recognized by the United States
162 Department of Education, which the Compact Commission may by Rule determine, and
163 from a college or university accredited at the time of graduation by the appropriate
164 regional accrediting agency recognized by the Council on Higher Education
165 Accreditation and the United States Department of Education;
166 (b) An academic degree from a college or university in a foreign country
167 equivalent to the degree described in subparagraph (a) that is programmatically
168 accredited by (i) ACEND; or (ii) a dietetics accrediting agency recognized by the United
169 States Department of Education, which the Compact Commission may by Rule
170 determine;
SS HCS HB 2974 9
171 ii. A planned, documented, supervised practice experience in dietetics that is
172 programmatically accredited by (i) ACEND; or (ii) a dietetics accrediting agency
173 recognized by the United States Department of Education which the Compact
174 Commission may by Rule determine and which involves at least 1000 hours of
175 practice experience under the supervision of a Registered Dietitian or a Licensed
176 Dietitian; and
177 iii. Successful completion of either: (i) the Registration Examination for
178 Dietitians administered by CDR; or (ii) a national credentialing examination for
179 dietitians approved by the Compact Commission by Rule; such completion being no
180 more than five years prior to the date of the Licensee's application for initial licensure
181 and accompanied by a period of continuous licensure thereafter, all of which may be
182 further governed by the Rules of the Compact Commission;
183 2. Hold an Unencumbered License in the Home State;
184 3. Notify the Compact Commission that the Licensee is seeking a Compact
185 Privilege within a Remote State(s);
186 4. Pay any applicable fees, including any State fee, for the Compact Privilege;
187 5. Meet any Jurisprudence Requirements established by the Remote State(s) in
188 which the Licensee is seeking a Compact Privilege; and
189 6. Report to the Compact Commission any Adverse Action, Encumbrance, or
190 restriction on a License taken by any non-Member State within 30 days from the date
191 the action is taken.
192 B. The Compact Privilege is valid until the expiration date of the Home State
193 License. To maintain a Compact Privilege, renewal of the Compact Privilege shall be
194 congruent with the renewal of the Home State License as the Compact Commission may
195 define by Rule. The Licensee must comply with the requirements of Section 4(A) to
196 maintain the Compact Privilege in the Remote State(s).
197 C. A Licensee exercising a Compact Privilege shall adhere to the laws and
198 regulations of the Remote State. Licensees shall be responsible for educating themselves
199 on, and complying with, any and all State laws relating to the Practice of Dietetics in
200 such Remote State.
201 D. Notwithstanding anything to the contrary provided in this Compact or State
202 law, a Licensee exercising a Compact Privilege shall not be required to complete
203 Continuing Education Requirements required by a Remote State. A Licensee exercising
204 a Compact Privilege is only required to meet any Continuing Education Requirements
205 as required by the Home State.
206 SECTION 5. OBTAINING A NEW HOME STATE LICENSE BASED ON A
207 COMPACT PRIVILEGE
SS HCS HB 2974 10
208 A. A Licensee may hold a Home State License, which allows for a Compact
209 Privilege in other Member States, in only one Member State at a time.
210 B. If a Licensee changes Home State by moving between two Member States:
211 1. The Licensee shall file an application for obtaining a new Home State License
212 based on a Compact Privilege, pay all applicable fees, and notify the current and new
213 Home State in accordance with the Rules of the Compact Commission.
214 2. Upon receipt of an application for obtaining a new Home State License by
215 virtue of a Compact Privilege, the new Home State shall verify that the Licensee meets
216 the criteria in Section 4 via the Data System, and require that the Licensee complete the
217 following:
218 a. Federal Bureau of Investigation fingerprint based criminal history record
219 information check;
220 b. Any other criminal history record information required by the new Home
221 State; and
222 c. Any Jurisprudence Requirements of the new Home State.
223 3. The former Home State shall convert the former Home State License into a
224 Compact Privilege once the new Home State has activated the new Home State License
225 in accordance with applicable Rules adopted by the Compact Commission.
226 4. Notwithstanding any other provision of this Compact, if the Licensee cannot
227 meet the criteria in Section 4, the new Home State may apply its requirements for
228 issuing a new Single State License.
229 5. The Licensee shall pay all applicable fees to the new Home State in order to be
230 issued a new Home State License.
231 C. If a Licensee changes their State of residence by moving from a Member State
232 to a non-Member State, or from a non-Member State to a Member State, the State
233 criteria shall apply for issuance of a Single State License in the new State.
234 D. Nothing in this Compact shall interfere with a Licensee's ability to hold a
235 Single State License in multiple States; however, for the purposes of this Compact, a
236 Licensee shall have only one Home State License.
237 E. Nothing in this Compact shall affect the requirements established by a
238 Member State for the issuance of a Single State License.
239 SECTION 6. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
240 An Active Military Member, or their spouse, shall designate a Home State where
241 the individual has a current License in good standing. The individual may retain the
242 Home State designation during the period the service member is on active duty.
243 SECTION 7. ADVERSE ACTIONS
SS HCS HB 2974 11
244 A. In addition to the other powers conferred by State law, a Remote State shall
245 have the authority, in accordance with existing State due process law, to:
246 1. Take Adverse Action against a Licensee's Compact Privilege within that
247 Member State; and
248 2. Issue subpoenas for both hearings and investigations that require the
249 attendance and testimony of witnesses as well as the production of evidence. Subpoenas
250 issued by a Licensing Authority in a Member State for the attendance and testimony of
251 witnesses or the production of evidence from another Member State shall be enforced in
252 the latter State by any court of competent jurisdiction, according to the practice and
253 procedure applicable to subpoenas issued in proceedings pending before that court. The
254 issuing authority shall pay any witness fees, travel expenses, mileage, and other fees
255 required by the service statutes of the State in which the witnesses or evidence are
256 located.
257 B. Only the Home State shall have the power to take Adverse Action against a
258 Licensee's Home State License.
259 C. For purposes of taking Adverse Action, the Home State shall give the same
260 priority and effect to reported conduct received from a Member State as it would if the
261 conduct had occurred within the Home State. In so doing, the Home State shall apply
262 its own State laws to determine appropriate action.
263 D. The Home State shall complete any pending investigations of a Licensee who
264 changes Home States during the course of the investigations. The Home State shall also
265 have authority to take appropriate action(s) and shall promptly report the conclusions
266 of the investigations to the administrator of the Data System. The administrator of the
267 Data System shall promptly notify the new Home State of any Adverse Actions.
268 E. A Member State, if otherwise permitted by State law, may recover from the
269 affected Licensee the costs of investigations and dispositions of cases resulting from any
270 Adverse Action taken against that Licensee.
271 F. A Member State may take Adverse Action based on the factual findings of
272 another Remote State, provided that the Member State follows its own procedures for
273 taking the Adverse Action.
274 G. Joint Investigations:
275 1. In addition to the authority granted to a Member State by its respective State
276 law, any Member State may participate with other Member States in joint investigations
277 of Licensees.
278 2. Member States shall share any investigative, litigation, or compliance
279 materials in furtherance of any joint investigation initiated under the Compact.
SS HCS HB 2974 12
280 H. If Adverse Action is taken by the Home State against a Licensee's Home State
281 License resulting in an Encumbrance on the Home State License, the Licensee's
282 Compact Privilege(s) in all other Member States shall be revoked until all
283 Encumbrances have been removed from the Home State License. All Home State
284 disciplinary orders that impose Adverse Action against a Licensee shall include a
285 statement that the Licensee's Compact Privileges are revoked in all Member States
286 during the pendency of the order.
287 I. Once an Encumbered License in the Home State is restored to an
288 Unencumbered License (as certified by the Home State's Licensing Authority), the
289 Licensee must meet the requirements of Section 4(A) and follow the administrative
290 requirements to reapply to obtain a Compact Privilege in any Remote State.
291 J. If a Member State takes Adverse Action, it shall promptly notify the
292 administrator of the Data System. The administrator of the Data System shall promptly
293 notify the other Member States of any Adverse Actions.
294 K. Nothing in this Compact shall override a Member State's decision that
295 participation in an Alternative Program may be used in lieu of Adverse Action.
296 SECTION 8. ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT
297 COMMISSION
298 A. The Compact Member States hereby create and establish a joint government
299 agency whose membership consists of all Member States that have enacted the Compact
300 known as the Dietitian Licensure Compact Commission. The Compact Commission is
301 an instrumentality of the Compact States acting jointly and not an instrumentality of
302 any one State. The Compact Commission shall come into existence on or after the
303 effective date of the Compact as set forth in Section 12.
304 B. Membership, Voting, and Meetings
305 1. Each Member State shall have and be limited to one (1) delegate selected by
306 that Member State's Licensing Authority.
307 2. The delegate shall be the primary administrator of the Licensing Authority or
308 their designee.
309 3. The Compact Commission shall by Rule or bylaw establish a term of office for
310 delegates and may by Rule or bylaw establish term limits.
311 4. The Compact Commission may recommend removal or suspension of any
312 delegate from office.
313 5. A Member State's Licensing Authority shall fill any vacancy of its delegate
314 occurring on the Compact Commission within 60 days of the vacancy.
315 6. Each delegate shall be entitled to one vote on all matters before the Compact
316 Commission requiring a vote by the delegates.
SS HCS HB 2974 13
317 7. Delegates shall meet and vote by such means as set forth in the bylaws. The
318 bylaws may provide for delegates to meet and vote in-person or by telecommunication,
319 video conference, or other means of communication.
320 8. The Compact Commission shall meet at least once during each calendar year.
321 Additional meetings may be held as set forth in the bylaws. The Compact Commission
322 may meet in person or by telecommunication, video conference, or other means of
323 communication.
324 C. The Compact Commission shall have the following powers:
325 1. Establish the fiscal year of the Compact Commission;
326 2. Establish code of conduct and conflict of interest policies;
327 3. Establish and amend Rules and bylaws;
328 4. Maintain its financial records in accordance with the bylaws;
329 5. Meet and take such actions as are consistent with the provisions of this
330 Compact, the Compact Commission's Rules, and the bylaws;
331 6. Initiate and conclude legal proceedings or actions in the name of the Compact
332 Commission, provided that the standing of any Licensing Authority to sue or be sued
333 under applicable law shall not be affected;
334 7. Maintain and certify records and information provided to a Member State as
335 the authenticated business records of the Compact Commission, and designate an agent
336 to do so on the Compact Commission's behalf;
337 8. Purchase and maintain insurance and bonds;
338 9. Borrow, accept, or contract for services of personnel, including, but not
339 limited to, employees of a Member State;
340 10. Conduct an annual financial review;
341 11. Hire employees, elect or appoint officers, fix compensation, define duties,
342 grant such individuals appropriate authority to carry out the purposes of the Compact,
343 and establish the Compact Commission's personnel policies and programs relating to
344 conflicts of interest, qualifications of personnel, and other related personnel matters;
345 12. Assess and collect fees;
346 13. Accept any and all appropriate donations, grants of money, other sources of
347 revenue, equipment, supplies, materials, services, and gifts, and receive, utilize, and
348 dispose of the same; provided that at all times the Compact Commission shall avoid any
349 actual or appearance of impropriety or conflict of interest;
350 14. Lease, purchase, retain, own, hold, improve, or use any property, real,
351 personal, or mixed, or any undivided interest therein;
352 15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
353 dispose of any property real, personal, or mixed;
SS HCS HB 2974 14
354 16. Establish a budget and make expenditures;
355 17. Borrow money;
356 18. Appoint committees, including standing committees, composed of members,
357 State regulators, State legislators or their representatives, and consumer
358 representatives, and such other interested persons as may be designated in this
359 Compact or the bylaws;
360 19. Provide and receive information from, and cooperate with, law enforcement
361 agencies;
362 20. Establish and elect an Executive Committee, including a chair and a vice
363 chair;
364 21. Determine whether a State's adopted language is materially different from
365 the model compact language such that the State would not qualify for participation in
366 the Compact; and
367 22. Perform such other functions as may be necessary or appropriate to achieve
368 the purposes of this Compact.
369 D. The Executive Committee
370 1. The Executive Committee shall have the power to act on behalf of the
371 Compact Commission according to the terms of this Compact. The powers, duties, and
372 responsibilities of the Executive Committee shall include:
373 a. Oversee the day-to-day activities of the administration of the Compact
374 including enforcement and compliance with the provisions of the Compact, its Rules and
375 bylaws, and other such duties as deemed necessary;
376 b. Recommend to the Compact Commission changes to the Rules or bylaws,
377 changes to this Compact legislation, fees charged to Compact Member States, fees
378 charged to Licensees, and other fees;
379 c. Ensure Compact administration services are appropriately provided,
380 including by contract;
381 d. Prepare and recommend the budget;
382 e. Maintain financial records on behalf of the Compact Commission;
383 f. Monitor Compact compliance of Member States and provide compliance
384 reports to the Compact Commission;
385 g. Establish additional committees as necessary;
386 h. Exercise the powers and duties of the Compact Commission during the
387 interim between Compact Commission meetings, except for adopting or amending
388 Rules, adopting or amending bylaws, and exercising any other powers and duties
389 expressly reserved to the Compact Commission by Rule or bylaw; and
390 i. Other duties as provided in the Rules or bylaws of the Compact Commission.
SS HCS HB 2974 15
391 2. The Executive Committee shall be composed of nine members:
392 a. The chair and vice chair of the Compact Commission shall be voting members
393 of the Executive Committee;
394 b. Five voting members from the current membership of the Compact
395 Commission, elected by the Compact Commission;
396 c. One ex-officio, nonvoting member from a recognized professional association
397 representing dietitians; and
398 d. One ex-officio, nonvoting member from a recognized national credentialing
399 organization for dietitians.
400 3. The Compact Commission may remove any member of the Executive
401 Committee as provided in the Compact Commission's bylaws.
402 4. The Executive Committee shall meet at least annually.
403 a. Executive Committee meetings shall be open to the public, except that the
404 Executive Committee may meet in a closed, non-public meeting as provided in
405 subsection (F)(2).
406 b. The Executive Committee shall give 30 days' notice of its meetings, posted on
407 the website of the Compact Commission and as determined to provide notice to persons
408 with an interest in the business of the Compact Commission.
409 c. The Executive Committee may hold a special meeting in accordance with
410 subsection (F)(1)(b).
411 E. The Compact Commission shall adopt and provide to the Member States an
412 annual report.
413 F. Meetings of the Compact Commission
414 1. All meetings shall be open to the public, except that the Compact Commission
415 may meet in a closed, non-public meeting as provided in subsection (F)(2).
416 a. Public notice for all meetings of the full Compact Commission shall be given
417 in the same manner as required under the rulemaking provisions in Section 10, except
418 that the Compact Commission may hold a special meeting as provided in subsection (F)
419 (1)(b).
420 b. The Compact Commission may hold a special meeting when it must meet to
421 conduct emergency business by giving 24 hours' notice to all Member States, on the
422 Compact Commission's website, and other means as provided in the Compact
423 Commission's Rules. The Compact Commission's legal counsel shall certify that the
424 Compact Commission's need to meet qualifies as an emergency.
425 2. The Compact Commission or the Executive Committee or other committees of
426 the Compact Commission may convene in a closed, non-public meeting for the Compact
SS HCS HB 2974 16
427 Commission or Executive Committee or other committees of the Compact Commission
428 to receive legal advice or to discuss:
429 a. Non-compliance of a Member State with its obligations under the Compact;
430 b. The employment, compensation, discipline, or other matters, practices, or
431 procedures related to specific employees;
432 c. Current or threatened discipline of a Licensee by the Compact Commission or
433 by a Member State's Licensing Authority;
434 d. Current, threatened, or reasonably anticipated litigation;
435 e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
436 real estate;
437 f. Accusing any person of a crime or formally censuring any person;
438 g. Trade secrets or commercial or financial information that is privileged or
439 confidential;
440 h. Information of a personal nature where disclosure would constitute a clearly
441 unwarranted invasion of personal privacy;
442 i. Investigative records compiled for law enforcement purposes;
443 j. Information related to any investigative reports prepared by or on behalf of or
444 for use of the Compact Commission or other committee charged with responsibility of
445 investigation or determination of compliance issues pursuant to the Compact;
446 k. Matters specifically exempted from disclosure by federal or Member State
447 law; or
448 l. Other matters as specified in the Rules of the Compact Commission.
449 3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state
450 that the meeting will be closed and reference each relevant exempting provision, and
451 such reference shall be recorded in the minutes.
452 4. The Compact Commission shall keep minutes that fully and clearly describe
453 all matters discussed in a meeting and shall provide a full and accurate summary of
454 actions taken, and the reasons therefore, including a description of the views expressed.
455 All documents considered in connection with an action shall be identified in such
456 minutes. All minutes and documents of a closed meeting shall remain under seal,
457 subject to release only by a majority vote of the Compact Commission or order of a
458 court of competent jurisdiction.
459 G. Financing of the Compact Commission
460 1. The Compact Commission shall pay, or provide for the payment of, the
461 reasonable expenses of its establishment, organization, and ongoing activities.
462 2. The Compact Commission may accept any and all appropriate revenue
463 sources as provided in subsection (C)(13).
SS HCS HB 2974 17
464 3. The Compact Commission may levy on and collect an annual assessment from
465 each Member State and impose fees on Licensees of Member States to whom it grants a
466 Compact Privilege to cover the cost of the operations and activities of the Compact
467 Commission and its staff, which must, in a total amount, be sufficient to cover its annual
468 budget as approved each year for which revenue is not provided by other sources. The
469 aggregate annual assessment amount for Member States shall be allocated based upon a
470 formula that the Compact Commission shall promulgate by Rule.
471 4. The Compact Commission shall not incur obligations of any kind prior to
472 securing the funds adequate to meet the same; nor shall the Compact Commission
473 pledge the credit of any of the Member States, except by and with the authority of the
474 Member State.
475 5. The Compact Commission shall keep accurate accounts of all receipts and
476 disbursements. The receipts and disbursements of the Compact Commission shall be
477 subject to the financial review and accounting procedures established under its bylaws.
478 However, all receipts and disbursements of funds handled by the Compact Commission
479 shall be subject to an annual financial review by a certified or licensed public
480 accountant, and the report of the financial review shall be included in and become part
481 of the annual report of the Compact Commission.
482 H. Qualified Immunity, Defense, and Indemnification
483 1. The members, officers, executive director, employees and representatives of
484 the Compact Commission shall be immune from suit and liability, both personally and
485 in their official capacity, for any claim for damage to or loss of property or personal
486 injury or other civil liability caused by or arising out of any actual or alleged act, error,
487 or omission that occurred, or that the person against whom the claim is made had a
488 reasonable basis for believing occurred within the scope of Compact Commission
489 employment, duties, or responsibilities; provided that nothing in this paragraph shall be
490 construed to protect any such person from suit or liability for any damage, loss, injury,
491 or liability caused by the intentional or willful or wanton misconduct of that person.
492 The procurement of insurance of any type by the Compact Commission shall not in any
493 way compromise or limit the immunity granted hereunder.
494 2. The Compact Commission shall defend any member, officer, executive
495 director, employee, and representative of the Compact Commission in any civil action
496 seeking to impose liability arising out of any actual or alleged act, error, or omission that
497 occurred within the scope of Compact Commission employment, duties, or
498 responsibilities, or as determined by the Compact Commission that the person
499 against whom the claim is made had a reasonable basis for believing occurred within the
500 scope of Compact Commission employment, duties, or responsibilities; provided that
SS HCS HB 2974 18
501 nothing herein shall be construed to prohibit that person from retaining their own
502 counsel at their own expense; and provided further, that the actual or alleged act, error,
503 or omission did not result from that person's intentional or willful or wanton
504 misconduct.
505 3. The Compact Commission shall indemnify and hold harmless any member,
506 officer, executive director, employee, and representative of the Compact Commission for
507 the amount of any settlement or judgment obtained against that person arising out of
508 any actual or alleged act, error, or omission that occurred within the scope of Compact
509 Commission employment, duties, or responsibilities, or that such person had a
510 reasonable basis for believing occurred within the scope of Compact Commission
511 employment, duties, or responsibilities, provided that the actual or alleged act, error, or
512 omission did not result from the intentional or willful or wanton misconduct of that
513 person.
514 4. Nothing herein shall be construed as a limitation on the liability of any
515 Licensee for professional malpractice or misconduct, which shall be governed solely by
516 any other applicable State laws.
517 5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a
518 Member State's state action immunity or state action affirmative defense with respect to
519 antitrust claims under the Sherman Act, Clayton Act, or any other State or federal
520 antitrust or anticompetitive law or regulation.
521 6. Nothing in this Compact shall be construed to be a waiver of sovereign
522 immunity by the Member States or by the Compact Commission.
523 SECTION 9. DATA SYSTEM
524 A. The Compact Commission shall provide for the development, maintenance,
525 operation, and utilization of a coordinated Data System.
526 B. The Compact Commission shall assign each applicant for a Compact
527 Privilege a unique identifier, as determined by the Rules.
528 C. Notwithstanding any other provision of State law to the contrary, a Member
529 State shall submit a uniform data set to the Data System on all individuals to whom this
530 Compact is applicable as required by the Rules of the Compact Commission, including:
531 1. Identifying information;
532 2. Licensure data;
533 3. Adverse Actions against a License or Compact Privilege and information
534 related thereto;
535 4. Non-confidential information related to Alternative Program participation,
536 the beginning and ending dates of such participation, and other information related to
537 such participation not made confidential under Member State law;
SS HCS HB 2974 19
538 5. Any denial of application for licensure, and the reason(s) for such denial;
539 6. The presence of Current Significant Investigative Information; and
540 7. Other information that may facilitate the administration of this Compact or
541 the protection of the public, as determined by the Rules of the Compact Commission.
542 D. The records and information provided to a Member State pursuant to this
543 Compact or through the Data System, when certified by the Compact Commission or an
544 agent thereof, shall constitute the authenticated business records of the Compact
545 Commission, and shall be entitled to any associated hearsay exception in any relevant
546 judicial, quasi-judicial, or administrative proceedings in a Member State.
547 E. Current Significant Investigative Information pertaining to a Licensee in any
548 Member State will only be available to other Member States.
549 F. It is the responsibility of the Member States to report any Adverse Action
550 against a Licensee and to monitor the Data System to determine whether any Adverse
551 Action has been taken against a Licensee. Adverse Action information pertaining to a
552 Licensee in any Member State will be available to any other Member State.
553 G. Member States contributing information to the Data System may designate
554 information that may not be shared with the public without the express permission of
555 the contributing State.
556 H. Any information submitted to the Data System that is subsequently expunged
557 pursuant to federal law or the laws of the Member State contributing the information
558 shall be removed from the Data System.
559 SECTION 10. RULEMAKING
560 A. The Compact Commission shall promulgate reasonable Rules in order to
561 effectively and efficiently implement and administer the purposes and provisions of the
562 Compact. A Rule shall be invalid and have no force or effect only if a court of
563 competent jurisdiction holds that the Rule is invalid because the Compact Commission
564 exercised its rulemaking authority in a manner that is beyond the scope and purposes of
565 the Compact, or the powers granted hereunder, or based upon another applicable
566 standard of review.
567 B. The Rules of the Compact Commission shall have the force of law in each
568 Member State, provided however that where the Rules conflict with the laws or
569 regulations of a Member State that relate to the procedures, actions, and processes a
570 Licensed Dietitian is permitted to undertake in that State and the circumstances under
571 which they may do so, as held by a court of competent jurisdiction, the Rules of the
572 Compact Commission shall be ineffective in that State to the extent of the conflict.
573 C. The Compact Commission shall exercise its rulemaking powers pursuant to
574 the criteria set forth in this Section and the Rules adopted thereunder. Rules shall
SS HCS HB 2974 20
575 become binding on the day following adoption or as of the date specified in the Rule or
576 amendment, whichever is later.
577 D. If a majority of the legislatures of the Member States rejects a Rule or portion
578 of a Rule, by enactment of a statute or resolution in the same manner used to adopt the
579 Compact within four (4) years of the date of adoption of the Rule, then such Rule shall
580 have no further force and effect in any Member State.
581 E. Rules shall be adopted at a regular or special meeting of the Compact
582 Commission.
583 F. Prior to adoption of a proposed Rule, the Compact Commission shall hold a
584 public hearing and allow persons to provide oral and written comments, data, facts,
585 opinions, and arguments.
586 G. Prior to adoption of a proposed Rule by the Compact Commission, and at
587 least thirty (30) days in advance of the meeting at which the Compact Commission will
588 hold a public hearing on the proposed Rule, the Compact Commission shall provide a
589 Notice of Proposed rulemaking:
590 1. On the website of the Compact Commission or other publicly accessible
591 platform;
592 2. To persons who have requested notice of the Compact Commission's notices of
593 proposed rulemaking; and
594 3. In such other way(s) as the Compact Commission may by Rule specify.
595 H. The Notice of Proposed rulemaking shall include:
596 1. The time, date, and location of the public hearing at which the Compact
597 Commission will hear public comments on the proposed Rule and, if different, the time,
598 date, and location of the meeting where the Compact Commission will consider and vote
599 on the proposed Rule;
600 2. If the hearing is held via telecommunication, video conference, or other means
601 of communication, the Compact Commission shall include the mechanism for access to
602 the hearing in the Notice of Proposed rulemaking;
603 3. The text of the proposed Rule and the reason therefore;
604 4. A request for comments on the proposed Rule from any interested person;
605 and
606 5. The manner in which interested persons may submit written comments.
607 I. All hearings will be recorded. A copy of the recording and all written
608 comments and documents received by the Compact Commission in response to the
609 proposed Rule shall be available to the public.
SS HCS HB 2974 21
610 J. Nothing in this Section shall be construed as requiring a separate hearing on
611 each Rule. Rules may be grouped for the convenience of the Compact Commission at
612 hearings required by this Section.
613 K. The Compact Commission shall, by majority vote of all members, take final
614 action on the proposed Rule based on the rulemaking record and the full text of the
615 Rule.
616 1. The Compact Commission may adopt changes to the proposed Rule provided
617 the changes do not enlarge the original purpose of the proposed Rule.
618 2. The Compact Commission shall provide an explanation of the reasons for
619 substantive changes made to the proposed Rule as well as reasons for substantive
620 changes not made that were recommended by commenters.
621 3. The Compact Commission shall determine a reasonable effective date for the
622 Rule. Except for an emergency as provided in Section 10(L), the effective date of the
623 Rule shall be no sooner than 30 days after issuing the notice that it adopted or amended
624 the Rule.
625 L. Upon determination that an emergency exists, the Compact Commission may
626 consider and adopt an emergency Rule with 24 hours' notice, with opportunity to
627 comment, provided that the usual rulemaking procedures provided in the Compact and
628 in this Section shall be retroactively applied to the Rule as soon as reasonably possible,
629 in no event later than ninety (90) days after the effective date of the Rule. For the
630 purposes of this provision, an emergency Rule is one that must be adopted immediately
631 in order to:
632 1. Meet an imminent threat to public health, safety, or welfare;
633 2. Prevent a loss of Compact Commission or Member State funds;
634 3. Meet a deadline for the promulgation of a Rule that is established by federal
635 law or rule; or
636 4. Protect public health and safety.
637 M. The Compact Commission or an authorized committee of the Compact
638 Commission may direct revision to a previously adopted Rule for purposes of correcting
639 typographical errors, errors in format, errors in consistency, or grammatical errors.
640 Public notice of any revision shall be posted on the website of the Compact Commission.
641 The revision shall be subject to challenge by any person for a period of thirty (30) days
642 after posting. The revision may be challenged only on grounds that the revision results
643 in a material change to a Rule. A challenge shall be made in writing and delivered to the
644 Compact Commission prior to the end of the notice period. If no challenge is made, the
645 revision will take effect without further action. If the revision is challenged, the revision
646 may not take effect without the approval of the Compact Commission.
SS HCS HB 2974 22
647 N. No Member State's rulemaking requirements shall apply under this
648 Compact.
649 SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
650 A. Oversight
651 1. The executive and judicial branches of State government in each Member
652 State shall enforce this Compact and take all actions necessary and appropriate to
653 implement this Compact.
654 2. Except as otherwise provided in this Compact, venue is proper and judicial
655 proceedings by or against the Compact Commission shall be brought solely and
656 exclusively in a court of competent jurisdiction where the principal office of the
657 Compact Commission is located. The Compact Commission may waive venue and
658 jurisdictional defenses to the extent it adopts or consents to participate in alternative
659 dispute resolution proceedings. Nothing herein shall affect or limit the selection or
660 propriety of venue in any action against a Licensee for professional malpractice,
661 misconduct, or any such similar matter.
662 3. The Compact Commission shall be entitled to receive service of process in any
663 proceeding regarding the enforcement or interpretation of the Compact and shall have
664 standing to intervene in such a proceeding for all purposes. Failure to provide the
665 Compact Commission service of process shall render a judgment or order void as to the
666 Compact Commission, this Compact, or promulgated Rules.
667 B. Default, Technical Assistance, and Termination
668 1. If the Compact Commission determines that a Member State has defaulted in
669 the performance of its obligations or responsibilities under this Compact or the
670 promulgated Rules, the Compact Commission shall provide written notice to the
671 defaulting State. The notice of default shall describe the default, the proposed means of
672 curing the default, and any other action that the Compact Commission may take and
673 shall offer training and specific technical assistance regarding the default.
674 2. The Compact Commission shall provide a copy of the notice of default to the
675 other Member States.
676 C. If a State in default fails to cure the default, the defaulting State may be
677 terminated from the Compact upon an affirmative vote of a majority of the delegates of
678 the Member States, and all rights, privileges, and benefits conferred on that State by
679 this Compact may be terminated on the effective date of termination. A cure of the
680 default does not relieve the offending State of obligations or liabilities incurred during
681 the period of default.
682 D. Termination of membership in the Compact shall be imposed only after all
683 other means of securing compliance have been exhausted. Notice of intent to suspend or
SS HCS HB 2974 23
684 terminate shall be given by the Compact Commission to the governor, the majority and
685 minority leaders of the defaulting State's legislature, the defaulting State's Licensing
686 Authority, and each of the Member States' Licensing Authority.
687 E. A State that has been terminated is responsible for all assessments,
688 obligations, and liabilities incurred through the effective date of termination, including
689 obligations that extend beyond the effective date of termination.
690 F. Upon the termination of a State's membership from this Compact, that State
691 shall immediately provide notice to all Licensees within that State of such termination.
692 The terminated State shall continue to recognize all Compact Privileges granted
693 pursuant to this Compact for a minimum of six months after the date of said notice of
694 termination.
695 G. The Compact Commission shall not bear any costs related to a State that is
696 found to be in default or that has been terminated from the Compact, unless agreed
697 upon in writing between the Compact Commission and the defaulting State.
698 H. The defaulting State may appeal the action of the Compact Commission by
699 petitioning the United States District Court for the District of Columbia or the federal
700 district where the Compact Commission has its principal offices. The prevailing party
701 shall be awarded all costs of such litigation, including reasonable attorney's fees.
702 I. Dispute Resolution
703 1. Upon request by a Member State, the Compact Commission shall attempt to
704 resolve disputes related to the Compact that arise among Member States and between
705 Member and non-Member States.
706 2. The Compact Commission shall promulgate a Rule providing for both
707 mediation and binding dispute resolution for disputes as appropriate.
708 J. Enforcement
709 1. By supermajority vote, the Compact Commission may initiate legal action
710 against a Member State in default in the United States District Court for the District of
711 Columbia or the federal district where the Compact Commission has its principal
712 offices to enforce compliance with the provisions of the Compact and its promulgated
713 Rules. The relief sought may include both injunctive relief and damages. In the event
714 judicial enforcement is necessary, the prevailing party shall be awarded all costs of such
715 litigation, including reasonable attorney's fees. The remedies herein shall not be the
716 exclusive remedies of the Compact Commission. The Compact Commission may pursue
717 any other remedies available under federal or the defaulting Member State's law.
718 2. A Member State may initiate legal action against the Compact Commission in
719 the United States District Court for the District of Columbia or the federal district
720 where the Compact Commission has its principal offices to enforce compliance with the
SS HCS HB 2974 24
721 provisions of the Compact and its promulgated Rules. The relief sought may include
722 both injunctive relief and damages. In the event judicial enforcement is necessary, the
723 prevailing party shall be awarded all costs of such litigation, including reasonable
724 attorney's fees.
725 3. No party other than a Member State shall enforce this Compact against the
726 Compact Commission.
727 SECTION 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
728 A. The Compact shall come into effect on the date on which the Compact statute
729 is enacted into law in the seventh Member State.
730 1. On or after the effective date of the Compact, the Compact Commission shall
731 convene and review the enactment of each of the first seven Member States ("Charter
732 Member States") to determine if the statute enacted by each such Charter Member
733 State is materially different than the model Compact statute.
734 a. A Charter Member State whose enactment is found to be materially different
735 from the model Compact statute shall be entitled to the default process set forth in
736 Section 11.
737 b. If any Member State is later found to be in default, or is terminated, or
738 withdraws from the Compact, the Compact Commission shall remain in existence and
739 the Compact shall remain in effect even if the number of Member States should be less
740 than seven.
741 2. Member States enacting the Compact subsequent to the seven initial Charter
742 Member States shall be subject to the process set forth in Section 8(C)(21) to determine
743 if their enactments are materially different from the model Compact statute and
744 whether they qualify for participation in the Compact.
745 3. All actions taken for the benefit of the Compact Commission or in furtherance
746 of the purposes of the administration of the Compact prior to the effective date of the
747 Compact or the Compact Commission coming into existence shall be considered to be
748 actions of the Compact Commission unless specifically repudiated by the Compact
749 Commission.
750 4. Any State that joins the Compact subsequent to the Compact Commission's
751 initial adoption of the Rules and bylaws shall be subject to the Rules and bylaws as they
752 exist on the date on which the Compact becomes law in that State. Any Rule that has
753 been previously adopted by the Compact Commission shall have the full force and effect
754 of law on the day the Compact becomes law in that State.
755 B. Any Member State may withdraw from this Compact by enacting a statute
756 repealing the same.
SS HCS HB 2974 25
757 1. A Member State's withdrawal shall not take effect until 180 days after
758 enactment of the repealing statute.
759 2. Withdrawal shall not affect the continuing requirement of the withdrawing
760 State's Licensing Authority to comply with the investigative and Adverse Action
761 reporting requirements of this Compact prior to the effective date of withdrawal.
762 3. Upon the enactment of a statute withdrawing from this Compact, a State shall
763 immediately provide notice of such withdrawal to all Licensees within that State.
764 Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing
765 State shall continue to recognize all Compact Privileges granted pursuant to this
766 Compact for a minimum of 180 days after the date of such notice of withdrawal.
767 C. Nothing contained in this Compact shall be construed to invalidate or prevent
768 any licensure agreement or other cooperative arrangement between a Member State
769 and a non-Member State that does not conflict with the provisions of this Compact.
770 D. This Compact may be amended by the Member States. No amendment to this
771 Compact shall become effective and binding upon any Member State until it is enacted
772 into the laws of all Member States.
773 SECTION 13. CONSTRUCTION AND SEVERABILITY
774 A. This Compact and the Compact Commission's rulemaking authority shall be
775 liberally construed so as to effectuate the purposes and the implementation and
776 administration of the Compact. Provisions of the Compact expressly authorizing or
777 requiring the promulgation of Rules shall not be construed to limit the Compact
778 Commission's rulemaking authority solely for those purposes.
779 B. The provisions of this Compact shall be severable and if any phrase, clause,
780 sentence, or provision of this Compact is held by a court of competent jurisdiction to be
781 contrary to the constitution of any Member State, a State seeking participation in the
782 Compact, or of the United States, or the applicability thereof to any government,
783 agency, person, or circumstance is held to be unconstitutional by a court of competent
784 jurisdiction, the validity of the remainder of this Compact and the applicability thereof
785 to any other government, agency, person, or circumstance shall not be affected thereby.
786 C. Notwithstanding Section 13(B), the Compact Commission may deny a State's
787 participation in the Compact or, in accordance with the requirements of Section 11(B),
788 terminate a Member State's participation in the Compact, if it determines that a
789 constitutional requirement of a Member State is a material departure from the
790 Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of
791 any Member State, the Compact shall remain in full force and effect as to the remaining
792 Member States and in full force and effect as to the Member State affected as to all
793 severable matters.
SS HCS HB 2974 26
794 SECTION 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE
795 LAWS
796 A. Nothing herein shall prevent or inhibit the enforcement of any other law of a
797 Member State that is not inconsistent with the Compact.
798 B. Any laws, statutes, regulations, or other legal requirements in a Member State
799 in conflict with the Compact are superseded to the extent of the conflict.
800 C. All permissible agreements between the Compact Commission and the
801 Member States are binding in accordance with their terms.
334.730. SECTION 1. TITLE AND PURPOSE
2 This statute shall be known and cited as the Athletic Trainer Compact. The
3 purposes of this compact are to expand mobility of Athletic Training practice and
4 improve public access to services by providing qualified Licensed Athletic Trainers the
5 ability to practice in other Member States. This compact preserves the regulatory
6 authority of States to protect public health and safety through the current system of
7 State licensure.
8 This compact is designed to achieve the following objectives:
9 A. Increase public access to Athletic Training and enhance continuity of care by
10 providing for the mutual recognition of other Licenses issued by Member States;
11 B. Provide an additional streamlined opportunity for interstate practice by
12 Licensed Athletic Trainers who meet compact uniform requirements;
13 C. Promote mobility and workforce development by eliminating the necessity for
14 Licenses in multiple States by providing for the mutual recognition of other Licenses
15 issued by Member States;
16 D. Reduce administrative burdens on Licensed Athletic Trainers and Member
17 States;
18 E. Enhance the States' ability to protect the public's health and safety;
19 F. Encourage the cooperation of Member States in regulating interstate practice
20 of Licensed Athletic Trainers;
21 G. Support relocating Active Military Members and their spouses;
22 H. Enhance the exchange of licensure, investigative, and disciplinary
23 information among Member States;
24 I. Allow for the use of telehealth to facilitate increased access to Athletic
25 Training services;
26 J. Support the uniformity of Licensed Athletic Trainer licensure requirements
27 throughout the States;
SS HCS HB 2974 27
28 K. Affirm the authority of all Member States to hold a Licensed Athletic Trainer
29 accountable for abiding by the Scope of Practice in the State in which the patient is
30 located at the time of care; and
31 L. Require adherence to the Model Compact Language in order to promote
32 uniformity and ensure that all Member States have accepted and are mutually obligated
33 to the same terms.
34 SECTION 2. DEFINITIONS
35 As used in this compact, unless the context requires otherwise, the following
36 definitions shall apply:
37 A. "Active Military Member" means any individual with full-time duty status in
38 the active armed forces of the United States, including members of the National Guard
39 and Reserve.
40 B. "Adverse Action" means any administrative, civil, equitable or criminal
41 action permitted by a State's laws which is imposed by a Licensing Authority or other
42 authority against a Licensee, including actions against an individual's License or
43 Compact Privilege such as revocation, suspension, probation, monitoring of the
44 Licensee, limitation on the Licensee's practice, or any other Encumbrance on licensure
45 affecting a Licensee's authorization to practice.
46 C. "Alternative Program" means a non-disciplinary monitoring or practice
47 remediation process applicable to an Athletic Trainer approved by a State Licensing
48 Authority of a Member State in which the Athletic Trainer is licensed. This includes,
49 but is not limited to, programs to which Licensees with substance use, addiction, or
50 mental health conditions are referred in lieu of Adverse Action.
51 D. "Athletic Training" means the prevention, examination, assessment,
52 treatment and rehabilitation of emergent, acute, or chronic injuries and medical
53 conditions as defined by applicable Member State laws and regulations.
54 E. "Athletic Trainer Compact Commission" or "Compact Commission" means
55 the government agency whose membership consists of all States that have enacted this
56 compact, as described herein and which shall operate as an instrumentality of the
57 Member States to administer and implement the compact according to its terms.
58 F. "BOC" means the Board of Certification, Inc. or any successor organization
59 thereto.
60 G. "CAATE" means the Commission on Accreditation of Athletic Training
61 Education or any successor organization thereto.
62 H. "Charter Member State" means any Member State which enacted and made
63 effective this compact by law before the compact effective date specified herein.
SS HCS HB 2974 28
64 I. "Commissioner" means the individual appointed by a Member State to serve
65 as the member of the Commission for that Member State.
66 J. "Compact Privilege" means the legal authorization granted by a Remote
67 State, equivalent to a License, allowing a Licensee from another Member State to
68 provide Athletic Training services in a Remote State.
69 K. "Compact Qualifying License" means a License that is not an Encumbered
70 License issued by a Member State to practice Athletic Training which qualifies the
71 Licensee to exercise a Compact Privilege pursuant to Section 4 of this compact.
72 L. "Continuing Competence" means a requirement, as a condition of License
73 renewal, to provide evidence of successful participation, and completion of, educational
74 and professional activities relevant to practice or area of work. For purposes of this
75 compact, evidence of active BOC certification may satisfy the meaning of Continuing
76 Competence as set forth herein.
77 M. "Current Significant Investigative Information" means the existence of:
78 1. Investigative Information that a Licensing Authority, after a preliminary
79 inquiry that includes notification and an opportunity for the subject Licensee to
80 respond, if required by State law, has reason to believe is not groundless and, if proven
81 true, would indicate more than a minor infraction; or
82 2. Investigative Information that indicates that the subject Licensee represents
83 an immediate threat to public health and safety regardless of whether the subject
84 Licensee has been notified and had an opportunity to respond.
85 N. "Criminal Background Check" means the submission of fingerprints or other
86 biometric-based information for a License applicant for the purpose of obtaining that
87 applicant's criminal history record information, as defined in 28 C.F.R. § 20.3(d) from
88 the Federal Bureau of Investigation and the State's criminal history record repository as
89 defined in 28 C.F.R. § 20.3(f).
90 O. "Data System" means the Commission's repository of information about
91 Licensees, including but not limited to examination, licensure, investigative, Compact
92 Privilege, Adverse Action, and Alternative Program.
93 P. "Encumbrance" or "Encumbered" means a revocation or suspension of, or
94 any limitation or condition on, the full and unrestricted practice of Athletic Training.
95 Q. "Executive Committee" means a group of commissioners elected or
96 appointed to act on behalf of, and within the powers granted to them by, the compact
97 and Commission.
98 R. "Investigative Information" means information, records, and documents
99 received or generated by a Licensing Authority pursuant to an investigation.
SS HCS HB 2974 29
100 S. "Jurisprudence Requirement" means the assessment of an individual's
101 knowledge of the laws and Rules governing the practice of Athletic Training, as
102 applicable, in a State.
103 T. "License" means current authorization by a Member State to engage in the
104 practice of Athletic Training.
105 U. "Licensee" or "Licensed Athletic Trainer" means an individual who
106 currently holds an active, unrestricted License and who meets all of the requirements
107 outlined in Section 4 of this compact.
108 V. "Licensing Authority" means the board or agency of a State, or equivalent,
109 that is responsible for the licensing and regulation of Athletic Trainers.
110 W. "Model Compact Language" means the model language for the Athletic
111 Trainer Compact on file with The Council of State Governments or other entity as
112 designated by the Commission to which all Member States must substantively adhere
113 and adopt.
114 X. "Member State" means a State that has enacted the compact.
115 Y. "Remote State" means a Member State other than the State of Qualifying
116 Licensure.
117 Z. "Rule" means a regulation promulgated by an authorized entity that has the
118 force of law.
119 AA. "Scope of Practice" means the procedures, actions, and processes an
120 Athletic Trainer licensed in a State is permitted to undertake in that State and the
121 circumstances under which the Licensee is permitted to undertake those procedures,
122 actions and processes. Such procedures, actions and processes and the circumstances
123 under which they may be undertaken may be established through means, including, but
124 not limited to, statute, regulations, case law, and other processes available to the State
125 Licensing Authority or other government agency. Scope of Practice shall include any
126 State requirements regarding supervision or direction, if required by such State and as
127 further defined by such State's statutes and regulations.
128 BB. "Single State License" means a License issued by any State that authorizes
129 practice only within the issuing State.
130 CC. "State" means any state, commonwealth, district, or territory of the United
131 States of America.
132 DD. "State of Qualifying Licensure" means the Member State who has issued a
133 Compact Qualifying License to a Licensee pursuant to this compact.
134 EE. "Unencumbered License" means a License that authorizes a Licensee to
135 engage in the full and unrestricted practice of Athletic Training.
136 SECTION 3. STATE PARTICIPATION IN THE COMPACT
SS HCS HB 2974 30
137 A. To be eligible to join this compact and to maintain eligibility as a Member
138 State, a State must:
139 1. Enact and maintain a statute that is not materially different from the Model
140 Compact Language;
141 2. License and regulate the practice of Athletic Training;
142 3. Require that Licensees in that State maintain Continuing Competence
143 standards as part of their State practice act or Rules;
144 4. Have a mechanism in place for receiving and investigating complaints about
145 Licensees;
146 5. Grant the Compact Privilege to a Licensee who meets all the requirements
147 outlined in Section 4 in accordance with the terms of the compact and any Rules
148 promulgated thereunder;
149 6. Participate fully in the Compact Commission's Data System, including using
150 the unique identifier as defined in Rules;
151 7. Notify the Compact Commission, in compliance with the terms of the compact
152 and Rules, of any Adverse Action or the availability of Current Significant Investigative
153 Information regarding a Licensee;
154 8. Within a time frame established by Rule, implement or utilize procedures for
155 considering the criminal history records of applicants for a Compact Qualifying License
156 which includes receiving the results of the Federal Bureau of Investigation record search
157 and shall use those results in making licensure decisions. These procedures shall include
158 the submission of fingerprints or other biometric-based information by applicants for
159 the purpose of obtaining an applicant's criminal history record information from the
160 Federal Bureau of Investigation and the agency responsible for retaining that State's
161 criminal records; and
162 a. A Member State must fully implement a Criminal Background Check
163 requirement in order to participate in the issuance and acceptance of Compact
164 Privileges.
165 b. Communication between a Member State and the Compact Commission or
166 among Member States regarding the verification of eligibility for licensure through the
167 compact shall not include any information received from the Federal Bureau of
168 Investigation relating to a federal criminal records check performed by a Member State.
169 9. Comply with and enforce the Rules of the Compact Commission.
170 B. Member States may set and collect a fee for issuance and renewal of a
171 Compact Privilege to applicants.
SS HCS HB 2974 31
172 C. Individuals without a Compact Qualifying License shall continue to be able to
173 apply for a Member State's Single-State License as provided under the laws of each
174 Member State.
175 D. Nothing in this compact shall affect the requirements established by a
176 Member State for the issuance of a Single State License.
177 E. A Compact Qualifying License shall be recognized by each Remote State as
178 authorizing that Licensee to engage in the practice of Athletic Training, under a
179 Compact Privilege, in another Member State in accordance with the requirements in
180 Section 4.
181 SECTION 4. COMPACT PRIVILEGE
182 A. To be eligible for a Compact Privilege under the terms and provisions of the
183 compact, the Licensee shall complete a Criminal Background Check performed by the
184 Licensing Authority in the State of Qualifying Licensure prior to entry in the compact
185 and shall:
186 1. Satisfy one of the following two pathways:
187 a. Hold a valid current active certification through the BOC, or its successor
188 organization; or
189 b. If a Licensee does not meet the requirements of 4.A.1.a., the following must be
190 completed:
191 i. An education program which is either:
192 1. At least a bachelor's degree with a major course of study in Athletic Training,
193 or an equivalent course of study from a college or university accredited at the time of
194 graduation by CAATE, or its successor organization;
195 2. An academic degree from a college or university in a foreign country
196 equivalent to the degree described in subparagraph 1 of this subsection with a major
197 course of study as described in subparagraph 1 of this subsection that is accredited by
198 CAATE, or its successor organization; or
199 3. The substantial equivalent of the foregoing which the Commission may
200 determine by Rule.
201 ii. Successful completion of the exam administered by the BOC, or its successor
202 organization, preceding the date of the Licensee's application for Licensure in their
203 State of Qualifying Licensure or the substantial equivalent of the foregoing requirement
204 which the Commission may determine by Rule.
205 2. Hold a Compact Qualifying License;
206 3. Have not had any Encumbrance against any license or Compact Privilege to
207 practice Athletic Training within the previous two (2) years;
SS HCS HB 2974 32
208 4. Be eligible for a Compact Privilege in any Member State in accordance with
209 Section 4;
210 5. Notify the Compact Commission that the Licensee is seeking the Compact
211 Privilege within a Remote State(s);
212 6. Pay any applicable fees, including any State fee, for the Compact Privilege;
213 7. Meet only the Continuing Competence requirements established by the State
214 of Qualifying Licensure;
215 8. Comply with any requirements of the State of Qualifying Licensure as set
216 forth in Section 3;
217 9. Meet any Jurisprudence Requirements established by the Remote State(s) in
218 which the Licensee is seeking a Compact Privilege; and
219 10. Report to the Compact Commission any Adverse Action, Encumbrance, or
220 restriction on a license taken by any non-Member State within 30 days from the date the
221 action is taken.
222 B. The Compact Privilege is valid until the expiration date of the Compact
223 Qualifying License. To maintain a Compact Privilege, renewal of the Compact Privilege
224 shall be congruent with the renewal of the Compact Qualifying License as the Compact
225 Commission may define by Rule. The Licensee must comply with the requirements of
226 this section to maintain the Compact Privilege in the Remote State. A Licensee may
227 apply for and hold Compact Privileges in multiple Member States.
228 C. A Licensed Athletic Trainer must follow the Scope of Practice of the Member
229 State where the patient is located. A Licensee engaging in the practice of Athletic
230 Training in a Remote State under the Compact Privilege shall adhere to the Scope of
231 Practice laws and regulations of the Remote State. Licensees shall be responsible for
232 educating themselves on, and complying with, any and all Scope of Practice laws and
233 regulations and State laws relating to the remote practice of Athletic Training, as
234 applicable.
235 D. A Licensee engaging in the practice of Athletic Training in a Remote State is
236 subject to that State's regulatory authority. A Remote State may, in accordance with
237 due process and that State's laws, remove a Licensee's Compact Privilege in the Remote
238 State for a specific period of time, impose fines, or take any other necessary actions to
239 protect the health and safety of its citizens. Any Member State which undertakes such
240 an action shall promptly notify the Member State and the Commission as specified in
241 the Rules. The Licensee may be deemed to be ineligible to exercise the Compact
242 Privilege by any Member State until the specific time for removal has passed and all
243 fines are paid.
SS HCS HB 2974 33
244 E. All Member State disciplinary orders that impose Adverse Action against a
245 Compact Qualifying License shall result in deactivation of the Licensee's Compact
246 Privilege in all Member States during the pendency of the order. If a Compact
247 Qualifying License is Encumbered, the Licensee shall lose the Compact Privilege in any
248 Remote State until the following occur:
249 1. The Compact Qualifying License is no longer Encumbered; and
250 2. The Licensee has not had any Encumbrance or restriction against any
251 License, Compact Qualifying License or Compact Privilege within the previous two (2)
252 years.
253 F. Once an Encumbered License is restored to good standing as a Compact
254 Qualifying License (as certified by the Licensing Authority), the Licensee must meet the
255 requirements of this section to obtain a Compact Privilege in any Remote State.
256 G. If a Licensee's Compact Privilege in any Remote State is removed, that
257 Licensee may also lose the Compact Privilege in other Remote States, as each Member
258 State shall determine in its sole authority, until the following occur:
259 1. The specific period of time for which the Compact Privilege was removed has
260 ended;
261 2. All fines have been paid; and
262 3. Have not had any Encumbrance or restriction against any License or
263 Compact Privilege within the previous two (2) years.
264 H. Once the requirements of Section 4.G have been met, the Licensee must meet
265 the requirements in Section 4.A to obtain a Compact Privilege in a Remote State.
266 SECTION 5. COMPACT QUALIFYING LICENSE
267 A. A Licensee may only designate one License as their Compact Qualifying
268 License at a time. The procedures for such designation may be further defined by
269 Compact Commission Rule.
270 B. Nothing in this Section shall require that the State of Qualifying Licensure be
271 the State of primary residence or State of primary practice for the Licensee.
272 C. Nothing in this compact shall interfere with a Licensee's ability to hold a
273 Single State License in multiple States.
274 D. Nothing in this compact shall affect the requirements established by a
275 Member State for the issuance of a Single State License.
276 SECTION 6. ACTIVE MILITARY MEMBER OR THEIR SPOUSES
277 An Active Military Member or their spouse shall not be required to pay a fee to
278 the Commission for a Compact Privilege. If a Member State chooses to charge a
279 Member State fee, it may choose to charge a reduced fee or no fee to an Active Military
280 Member or their spouse for a Compact Privilege.
SS HCS HB 2974 34
281 SECTION 7. ADVERSE ACTIONS
282 A. A Member State in which a Licensee is issued a Compact Qualifying License
283 shall have the exclusive authority to impose Adverse Action against the Compact
284 Qualifying License issued by that Member State.
285 B. A Member State may take Adverse Action based on Current Significant
286 Investigative Information of a Remote State, so long as the Member State follows its
287 own procedures for imposing Adverse Action.
288 C. Nothing in this compact shall override a Member State's decision that
289 participation in an Alternative Program may be used in lieu of Adverse Action and that
290 such participation shall remain non-public if required by the Member State's laws or
291 Rules.
292 D. A Remote State shall have the authority to:
293 1. Take Adverse Actions as set forth herein against a Licensee's Compact
294 Privilege in that State; and
295 2. Issue subpoenas for both hearings and investigations that require the
296 attendance and testimony of witnesses as well as the production of evidence.
297 a. Subpoenas may be issued by a Member State Athletic Training Licensing
298 Authority for the attendance and testimony of witnesses and the production of evidence.
299 b. A Member State which issues a subpoena may request service of that
300 subpoena by another Member State. The Member State receiving the request to serve a
301 subpoena shall serve the subpoena if it is deemed enforceable by a court of competent
302 jurisdiction according to the practice and procedure in the receiving Member State.
303 c. The issuing authority shall pay any witness fees, travel expenses, mileage, and
304 other fees required by the service statutes of the State where the witnesses or evidence
305 are located.
306 E. For purposes of taking Adverse Action, a Member State shall give the same
307 priority and effect to reported conduct received from another Member State as it would
308 if the conduct had occurred within that State. In so doing, the investigating Member
309 State shall apply its own State laws to determine appropriate action.
310 F. A Member State, if otherwise permitted by State law, may recover from the
311 affected Licensee the costs of investigations and dispositions of cases resulting from any
312 Adverse Action taken against that Licensee.
313 G. Joint Investigations:
314 1. In addition to the authority granted to a Member State by its respective State
315 law, any Member State may participate with other Member States in joint investigations
316 of Licensees.
SS HCS HB 2974 35
317 2. Member States shall share any Current Significant Investigative Information,
318 litigation, or compliance materials in furtherance of any joint or individual investigation
319 initiated under the compact. In sharing such information between Member State
320 Athletic Trainer Licensing Authorities, all information obtained shall be kept
321 confidential, except as otherwise mutually agreed upon by the sharing and receiving
322 Member State(s).
323 3. A Remote State may issue subpoenas on behalf of a Member State for both
324 hearings and investigations that require the attendance and testimony of witnesses as
325 well as the production of evidence.
326 H. If a Member State takes Adverse Action, it shall promptly notify the
327 administrator of the Data System. The administrator of the Data System shall promptly
328 notify all Member States of any Adverse Actions by Remote States.
329 I. Nothing in this compact may permit a Member State to take any Adverse
330 Action against a Licensee or holder of a Compact Privilege for conduct or practice
331 occurring in another Member State that was legal in the Member State at the time it
332 was undertaken.
333 SECTION 8. ESTABLISHMENT AND OPERATION OF THE COMMISSION
334 A. The compact Member States hereby create and establish a joint government
335 agency whose membership consists of all Member States that have enacted the compact
336 known as the Athletic Trainer Licensure Compact Commission. The Compact
337 Commission is an instrumentality of the Member States acting jointly and not an
338 instrumentality of any one State. The Compact Commission shall come into existence
339 on or after the effective date of the compact as set forth in Section 12.
340 B. Membership, Voting, and Meetings:
341 1. Each Member State shall have and be limited to one (1) Commissioner
342 selected by that Member State's Licensing Authority within 60 days of the Member
343 State's effective date.
344 2. The Commissioner shall be an administrator or their designated staff or
345 current board member of the Licensing Authority.
346 3. The Compact Commission may recommend removal or suspension of any
347 Commissioner from office.
348 4. A Member State's Licensing Authority shall fill any vacancy of its
349 Commissioner occurring on the Compact Commission within 60 days of the vacancy.
350 5. Each Commissioner shall be entitled to one vote on all matters before the
351 Compact Commission requiring a vote by the Commissioners.
352 6. The Compact Commission shall meet at least once during each calendar year.
353 Additional meetings may be held as set forth in the Commission bylaws. A
SS HCS HB 2974 36
354 Commissioner shall vote in person or by such other means as provided in the bylaws.
355 The bylaws may provide for Commissioners to meet by telecommunication,
356 videoconference, or other means of communication.
357 C. The Compact Commission shall have the following powers:
358 1. Promulgate, adopt, and amend Rules and bylaws;
359 2. Establish code of conduct, confidentiality, and conflict of interest policies for
360 Commissioners;
361 3. Establish the fiscal year of the Compact Commission;
362 4. Maintain its financial records in accordance with the bylaws;
363 5. Purchase and maintain insurance and insurance bonds;
364 6. Accept, or contract for services of personnel, including, but not limited to,
365 employees of a Member State;
366 7. Conduct a financial review or audit;
367 8. Hire employees, elect or appoint officers, fix compensation, define duties,
368 grant such individuals appropriate authority to carry out the purposes of the compact,
369 and establish the Compact Commission's personnel policies and programs relating to
370 conflicts of interest, qualifications of personnel, and other related personnel matters;
371 9. Enter into contracts or arrangements for the management of the affairs of the
372 Commission;
373 10. Assess and collect fees;
374 11. Accept any and all appropriate gifts, donations, grants of money, other
375 sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and
376 dispose of the same; provided that at all times the Compact Commission shall avoid any
377 appearance of impropriety or conflict of interest;
378 12. Lease, purchase, retain, own, hold, improve, invest, or use any property, real,
379 personal, or mixed, or any undivided interest therein;
380 13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
381 dispose of any property real, personal, or mixed;
382 14. Establish a budget and make expenditures;
383 15. Borrow and invest money;
384 16. Meet and take such actions as are consistent with the provisions of this
385 compact, the Compact Commission's Rules, and the bylaws;
386 17. Initiate and conclude legal proceedings or actions in the name of the
387 Compact Commission, provided that the standing of any Licensing Authority to sue or
388 be sued under applicable law shall not be affected;
SS HCS HB 2974 37
389 18. Maintain and certify records and information provided to a Member State as
390 the authenticated business records of the Compact Commission, and designate an agent
391 to do so on the Compact Commission's behalf;
392 19. Provide and receive information from, and cooperate with, law enforcement
393 agencies;
394 20. Determine whether a State's adopted language is materially different from
395 the Model Compact Language such that the State would not qualify for participation in
396 the compact;
397 21. Establish and elect an Executive Committee, including a chair and a vice
398 chair, secretary, treasurer, and such other offices as the Commission shall establish by
399 Rule or bylaw;
400 22. Appoint committees, including standing committees, composed of Member
401 State Commissioners, State regulators, State legislators or their representatives, and
402 consumer representatives, and such other interested persons as may be designated in
403 this compact and the bylaws; and
404 23. Perform such other functions as may be necessary or appropriate to achieve
405 the purposes of this compact.
406 D. The Executive Committee:
407 1. The Executive Committee shall have the power to act on behalf of the
408 Compact Commission according to the terms of this compact. The powers, duties, and
409 responsibilities of the Executive Committee shall include:
410 a. Exercise the powers and duties of the Compact Commission during the
411 interim between Compact Commission meetings, except for adopting or amending
412 Rules, adopting or amending bylaws, and exercising any other powers and duties
413 expressly reserved to the Compact Commission by Rule or bylaw;
414 b. Oversee the day-to-day activities of the administration of the compact
415 including enforcement and compliance with the provisions of the compact, its Rules and
416 bylaws, and other such duties as deemed necessary;
417 c. Recommend to the Compact Commission changes to the Rules or bylaws,
418 changes to this compact legislation, fees charged to Compact Member States, fees
419 charged to Licensees, and other fees;
420 d. Ensure compact administration services are appropriately provided,
421 including by contract;
422 e. Prepare and recommend the budget;
423 f. Maintain financial records on behalf of the Compact Commission;
424 g. Monitor compact compliance of Member States and provide compliance
425 reports to the Compact Commission;
SS HCS HB 2974 38
426 h. Establish additional committees as necessary; and
427 i. Other duties as provided in the Rules or bylaws of the Compact Commission.
428 2. The Executive Committee shall be composed of five voting members, elected
429 by the Compact Commission:
430 a. The chair and vice chair of the Compact Commission, shall be voting
431 members of the Executive Committee;
432 b. The Compact Commission shall elect up to three additional voting members
433 from the current membership of the Compact Commission to include the offices of
434 treasurer, secretary, and one member-at-large; and
435 c. Up to four (4) ex-officio, nonvoting members from recognized national athletic
436 trainer organizations.
437 3. The Compact Commission may remove any member of the Executive
438 Committee as provided in the Compact Commission's bylaws.
439 4. The Executive Committee shall meet at least annually:
440 a. Executive Committee meetings shall be open to the public, except that the
441 Executive Committee may meet in a closed, non-public meeting as provided in this
442 section.
443 b. The Executive Committee shall give advance notice of its meetings, posted on
444 its website and as determined by rule or bylaw to provide notice to persons with an
445 interest in the business of the Compact Commission.
446 c. The Executive Committee may hold a special meeting in accordance with this
447 section.
448 E. The Compact Commission shall adopt and provide to the Member States an
449 annual report.
450 F. Meetings of the Compact Commission:
451 1. All meetings shall be open to the public, except that the Compact Commission
452 may meet in a closed, non-public meeting as provided in this section.
453 2. Public notice for all meetings of the full Compact Commission of meetings
454 shall be given in the same manner as required under the rulemaking provisions in this
455 compact, except that the Compact Commission may hold a special meeting as provided
456 in this section.
457 3. The Compact Commission may hold a special meeting when it must meet to
458 conduct emergency business by giving 24 hours' notice to all Commissioners, on the
459 Compact Commission's website, and other means as provided in the Compact
460 Commission's Rules. The Compact Commission's legal counsel shall certify that the
461 Compact Commission's need to meet qualifies as an emergency.
SS HCS HB 2974 39
462 4. The Compact Commission or the Executive Committee or other committees of
463 the Compact Commission may convene in a closed, non-public meeting for the Compact
464 Commission or Executive Committee or other committees of the Compact Commission
465 to receive legal advice or to discuss:
466 a. Non-compliance of a Member State with its obligations under the compact;
467 b. The employment, compensation, discipline or other matters, practices or
468 procedures related to specific employees;
469 c. Current or threatened discipline of a Licensee by a Member State's Licensing
470 Authority;
471 d. Current, threatened, or reasonably anticipated litigation;
472 e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
473 real estate;
474 f. Accusing any person of a crime or formally censuring any person;
475 g. Trade secrets or commercial or financial information that is privileged or
476 confidential;
477 h. Information of a personal nature where disclosure would constitute a clearly
478 unwarranted invasion of personal privacy;
479 i. Investigative records compiled for law enforcement purposes;
480 j. Information related to any investigative reports prepared by or on behalf of or
481 for use of the Compact Commission or other committee charged with responsibility of
482 investigation or determination of compliance issues pursuant to the compact;
483 k. Matters specifically exempted from disclosure by federal or Member State
484 law; or
485 l. Other matters as specified in Rules of the Compact Commission.
486 5. If a meeting, or portion of a meeting, is closed, the Compact Commission's
487 legal counsel or designee shall certify that the meeting will be closed and reference each
488 relevant exempting provision, and such reference shall be recorded in the minutes. All
489 minutes and documents of a closed meeting shall remain under seal, subject to release
490 only by a majority vote of the Compact Commission or order of a court of competent
491 jurisdiction.
492 G. Financing of the Compact Commission:
493 1. The Compact Commission shall pay, or provide for the payment of, the
494 reasonable expenses of its establishment, organization, and ongoing activities.
495 2. The Compact Commission may accept any and all appropriate revenue
496 sources as provided in this section.
497 3. The Compact Commission may levy on and collect an annual assessment from
498 each Member State and impose fees on Licensees of Member States to whom it grants a
SS HCS HB 2974 40
499 Compact Privilege to cover the cost of the operations and activities of the Compact
500 Commission and its staff, which must be in a total amount sufficient to cover its annual
501 budget as approved each year for which revenue is not provided by other sources. The
502 aggregate annual assessment amount for Member States shall be allocated based upon a
503 formula that the Compact Commission shall promulgate by Rule.
504 4. The Compact Commission shall not incur obligations of any kind prior to
505 securing the funds or a loan adequate to meet the same; nor shall the Compact
506 Commission pledge the credit of any of the Member States, except by and with the
507 authority of the Member State.
508 5. The Compact Commission shall keep accurate accounts of all receipts and
509 disbursements. The receipts and disbursements of the Compact Commission shall be
510 subject to the financial review or audit and accounting procedures established under its
511 bylaws. However, all receipts and disbursements of funds handled by the Compact
512 Commission shall be subject to an annual financial review or audit by a certified or
513 licensed public accountant, and the report of the financial review or audit shall be
514 included in and become part of the annual report of the Compact Commission.
515 H. Qualified Immunity, Defense, and Indemnification:
516 1. The members, officers, executive director, employees and representatives of
517 the Compact Commission shall be immune from suit and liability, both personally and
518 in their official capacity, for any claim for damage to or loss of property or personal
519 injury or other civil liability caused by or arising out of any actual or alleged act, error,
520 or omission that occurred, or that the person against whom the claim is made had a
521 reasonable basis for believing occurred within the scope of Compact Commission
522 employment, duties or responsibilities; provided that nothing in this paragraph shall be
523 construed to protect any such person from suit or liability for any damage, loss, injury,
524 or liability caused by the intentional or willful or wanton misconduct of that person.
525 The procurement of insurance of any type by the Compact Commission shall not in any
526 way compromise or limit the immunity granted hereunder.
527 2. The Compact Commission shall defend any member, officer, executive
528 director, employee, and representative of the Compact Commission in any civil action
529 seeking to impose liability arising out of any actual or alleged act, error, or omission that
530 occurred within the scope of Compact Commission employment, duties, or
531 responsibilities, or as determined by the Compact Commission that the person
532 against whom the claim is made had a reasonable basis for believing occurred within the
533 scope of Compact Commission employment, duties, or responsibilities; provided that
534 nothing herein shall be construed to prohibit that person from retaining their own
535 counsel at their own expense; and provided further, that the actual or alleged act, error,
SS HCS HB 2974 41
536 or omission did not result from that person's intentional or willful or wanton
537 misconduct.
538 3. The Compact Commission shall indemnify and hold harmless any member,
539 officer, executive director, employee, and representative of the Compact Commission for
540 the amount of any settlement or judgment obtained against that person arising out of
541 any actual or alleged act, error, or omission that occurred within the scope of Compact
542 Commission employment, duties, or responsibilities, or that such person had a
543 reasonable basis for believing occurred within the scope of Compact Commission
544 employment, duties, or responsibilities, provided that the actual or alleged act, error, or
545 omission did not result from the intentional or willful or wanton misconduct of that
546 person.
547 4. Nothing herein shall be construed as a limitation on the liability of any
548 Licensee for professional malpractice or misconduct, which shall be governed solely by
549 any other applicable State laws.
550 5. Nothing in this compact shall be interpreted to waive or otherwise abrogate a
551 Member State's state action immunity or state action affirmative defense with respect to
552 antitrust claims under the Sherman Act, Clayton Act, or any other State or federal
553 antitrust or anticompetitive law or regulation.
554 6. Nothing in this compact shall be construed to be a waiver of sovereign
555 immunity by the Member States or by the Compact Commission.
556 SECTION 9. DATA SYSTEM
557 A. The Commission shall provide for the development, maintenance, operation,
558 and utilization of a coordinated Data System and reporting system containing licensure,
559 Compact Privileges, Adverse Action, and the presence of Current Significant
560 Investigative Information on all Licensees and applicants for a License in Member
561 States.
562 B. Notwithstanding any other provision of State law to the contrary, a Member
563 State shall submit a uniform data set to the Data System on all Licensees, applicants,
564 and others to whom this compact is applicable as required by the Rules of the Compact
565 Commission, including:
566 1. Personally identifying information;
567 2. Licensure data;
568 3. Adverse Actions against a Licensee, License applicant or Compact Privilege
569 and information related thereto;
570 4. Non-confidential information related to Alternative Program participation,
571 the beginning and ending dates of such participation, and other information related to
572 such participation;
SS HCS HB 2974 42
573 5. Any denial of an application for licensure and the reason(s) for such denial
574 (excluding the reporting of any criminal history record information where prohibited by
575 law);
576 6. A binary determination regarding the presence of Current Significant
577 Investigative Information; and
578 7. Other information that may facilitate the administration of this compact or
579 the protection of the public, as determined by the Rules of the Commission.
580 C. The records and information provided to a Member State pursuant to this
581 compact or through the Data System, when certified by the Commission or an agent
582 thereof, shall constitute the authenticated business records of the Commission, and shall
583 be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or
584 administrative proceedings in a Member State.
585 D. Current Significant Investigative Information pertaining to a Licensee in any
586 Member State will only be available to other Member States.
587 E. It is the responsibility of the Member States to monitor the Data System to
588 determine whether Adverse Action has been taken against a Licensee or License
589 applicant. Adverse Action information pertaining to a Licensee or License applicant in
590 any Member State will be available to any other Member State.
591 F. Member States contributing information to the Data System may designate
592 information that may not be shared with the public without the express permission of
593 the contributing State.
594 G. Any information submitted to the Data System that is subsequently expunged
595 pursuant to federal law or the laws of the Member State contributing the information
596 shall be removed from the Data System.
597 SECTION 10. RULEMAKING
598 A. The Compact Commission shall promulgate reasonable Rules in order to
599 effectively and efficiently implement and administer the purposes and provisions of the
600 compact. A Rule shall be invalid and have no force or effect only if a court of competent
601 jurisdiction holds that the Rule is invalid because the Compact Commission exercised its
602 rulemaking authority in a manner that is beyond the scope and purposes of the
603 compact, or the powers granted hereunder, or based upon another applicable standard
604 of review.
605 B. The Rules of the Compact Commission shall have the force of law in each
606 Member State, provided however that where the Rules conflict with the laws or
607 regulations of a Member State that relate to the Scope of Practice a Licensed Athletic
608 Trainer is permitted to undertake in that State and the circumstances under which they
SS HCS HB 2974 43
609 may do so, as held by a court of competent jurisdiction, the Rules of the Compact
610 Commission shall be ineffective in that State to the extent of the conflict.
611 C. The Compact Commission shall exercise its rulemaking powers pursuant to
612 the criteria set forth in this section and the Rules adopted thereunder. Rules of this
613 compact shall become binding on the day following adoption or as of the date specified
614 in the Rule or amendment, whichever is later.
615 D. If a majority of the legislatures of the Member States rejects a Rule or portion
616 of a Rule, by enactment of a statute or resolution in the same manner used to adopt the
617 compact within four (4) years of the date of adoption of the Rule, then such Rule shall
618 have no further force and effect in any Member State.
619 E. Rules shall be adopted at a regular or special meeting of the Compact
620 Commission.
621 F. Prior to adoption of a proposed Rule, the Compact Commission shall hold a
622 public hearing and allow persons to provide oral and written comments, data, facts,
623 opinions, and arguments. At least thirty (30) days in advance of the public hearing on
624 the proposed Rule, the Compact Commission shall provide a notice of proposed
625 rulemaking:
626 1. On the website of the Compact Commission or other publicly accessible
627 platform;
628 2. To persons who have requested notice of the Compact Commission's notices of
629 proposed rulemaking; and
630 3. In such other way(s) as the Compact Commission may by Rule specify.
631 G. The notice of proposed rulemaking shall include:
632 1. The time, date, and location of the public hearing at which the Compact
633 Commission will hear public comments on the proposed Rule and, if different, the time,
634 date, and location of the meeting where the Compact Commission will consider and vote
635 on the proposed Rule;
636 2. If the hearing is held via telecommunication, video conference, or other
637 electronic means, the Compact Commission shall include the mechanism for access to
638 the hearing in the notice of proposed rulemaking;
639 3. The text of the proposed Rule and the reason therefor;
640 4. A request for comments on the proposed Rule from any interested person;
641 and
642 5. The manner in which interested persons may submit written comments.
643 H. All hearings will be recorded. A copy of the recording and all written
644 comments and documents received by the Compact Commission in response to the
645 proposed Rule shall be available to the public.
SS HCS HB 2974 44
646 I. Nothing in this section shall be construed as requiring a separate hearing on
647 each Rule. Rules may be grouped for the convenience of the Compact Commission at
648 hearings required by this section.
649 J. The Compact Commission shall, by majority vote of all members, take final
650 action on the proposed Rule based on the rulemaking record and the full text of the
651 Rule.
652 1. The Compact Commission may adopt changes to the proposed Rule provided
653 the changes do not enlarge the original purpose of the proposed Rule.
654 2. The Compact Commission shall provide an explanation of the reasons for
655 substantive changes made to the proposed Rule as well as reasons for substantive
656 changes not made that were recommended by commenters.
657 3. The Compact Commission shall determine a reasonable effective date for the
658 Rule. Except for an emergency as provided in this section, the effective date of the Rule
659 shall be no sooner than 30 days after issuing the notice that it adopted or amended the
660 Rule.
661 K. Upon determination that an emergency exists, the Compact Commission may
662 consider and adopt an emergency Rule with 24 hours' notice, with opportunity to
663 comment, provided that the usual rulemaking procedures provided in the compact and
664 in this section shall be retroactively applied to the Rule as soon as reasonably possible, in
665 no event later than ninety (90) days after the effective date of the Rule. For the purposes
666 of this provision, an emergency Rule is one that must be adopted immediately in order
667 to:
668 1. Meet an imminent threat to public health, safety, or welfare;
669 2. Prevent a loss of Compact Commission or Member State funds;
670 3. Meet a deadline for the promulgation of a Rule that is established by federal
671 law or rule; or
672 4. Protect public health and safety.
673 L. The Compact Commission or an authorized committee of the Compact
674 Commission may direct revisions to a previously adopted Rule for purposes of
675 correcting typographical errors, errors in format, errors in consistency, or grammatical
676 errors. Public notice of any revisions shall be posted on the website of the Compact
677 Commission. The revision shall be subject to challenge by any person for a period of
678 thirty (30) days after posting. The revision may be challenged only on grounds that the
679 revision results in a material change to a Rule. A challenge shall be made in writing and
680 delivered to the Compact Commission prior to the end of the notice period. If no
681 challenge is made, the revision will take effect without further action. If the revision is
SS HCS HB 2974 45
682 challenged, the revision may not take effect without the approval of the Compact
683 Commission.
684 M. No Member State's rulemaking requirements shall apply under this compact.
685 SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
686 A. Oversight:
687 1. The executive and judicial branches of State government in each Member
688 State shall enforce this compact and take all actions necessary and appropriate to
689 implement the compact.
690 2. Except as otherwise provided in this compact, venue is proper and judicial
691 proceedings by or against the Compact Commission shall be brought solely and
692 exclusively in a court of competent jurisdiction where the principal office of the
693 Compact Commission is located. The Compact Commission may waive venue and
694 jurisdictional defenses to the extent it adopts or consents to participate in alternative
695 dispute resolution proceedings. Nothing herein shall affect or limit the selection or
696 propriety of venue in any action against a Licensee for professional malpractice,
697 misconduct or any such similar matter.
698 3. The Compact Commission shall be entitled to receive service of process in any
699 proceeding regarding the enforcement or interpretation of the compact and shall have
700 standing to intervene in such a proceeding for all purposes. Failure to provide the
701 Compact Commission service of process shall render a judgment or order void as to the
702 Compact Commission, this compact, or promulgated Rules.
703 B. Default, Technical Assistance, and Termination:
704 1. If the Compact Commission determines that a Member State has defaulted in
705 the performance of its obligations or responsibilities under this compact or the
706 promulgated Rules, the Commission shall provide written notice to the defaulting State.
707 The notice of default shall describe the default, the proposed means of curing the
708 default, and any other action that the Compact Commission may take, and shall offer
709 training and specific technical assistance regarding the default.
710 2. The Compact Commission shall provide a copy of the notice of default to the
711 other Member States.
712 C. If a State in default fails to cure the default, the defaulting State may be
713 terminated from the compact upon an affirmative vote of a majority of the
714 Commissioners of the Member States, and all rights, privileges and benefits conferred
715 on that State by this compact may be terminated on the effective date of termination. A
716 cure of the default does not relieve the offending State of obligations or liabilities
717 incurred during the period of default.
SS HCS HB 2974 46
718 D. Termination of membership in the compact shall be imposed only after all
719 other means of securing compliance have been exhausted. Notice of intent to suspend or
720 terminate shall be given by the Compact Commission to the governor, the majority and
721 minority leaders of the defaulting State's legislature, the defaulting State's Licensing
722 Authority and each of the Member States' Licensing Authority.
723 E. A State that has been terminated is responsible for all assessments,
724 obligations, and liabilities incurred through the effective date of termination, including
725 obligations that extend beyond the effective date of termination.
726 F. Upon the termination of a State's membership from this compact, that State
727 shall immediately provide notice to all Licensees within that State of such termination.
728 The terminated State shall continue to recognize all Licenses and Compact Privileges
729 granted pursuant to this compact for a minimum of 180 days after the date of said
730 notice of termination.
731 G. The Compact Commission shall not bear any costs related to a State that is
732 found to be in default or that has been terminated from the compact, unless agreed upon
733 in writing between the Compact Commission and the defaulting State.
734 H. The defaulting State may appeal the action of the Compact Commission by
735 petitioning the United States District Court for the District of Columbia or the federal
736 district where the Compact Commission has its principal offices. The prevailing party
737 shall be awarded all costs of such litigation, including reasonable attorney's fees.
738 I. Dispute Resolution:
739 1. Upon request by a Member State, the Compact Commission shall attempt to
740 resolve disputes related to the compact that arise among Member States and between
741 Member and non-Member States.
742 2. The Compact Commission shall promulgate a Rule providing for both
743 mediation and binding dispute resolution for disputes as appropriate.
744 J. Enforcement:
745 1. By two-thirds majority (2/3) vote, the Compact Commission may initiate legal
746 action against a Member State in default in the United States District Court for the
747 District of Columbia or the federal district where the Compact Commission has its
748 principal offices to enforce compliance with the provisions of the compact and its
749 promulgated Rules. The relief sought may include both injunctive relief and damages.
750 In the event judicial enforcement is necessary, the prevailing party shall be awarded all
751 costs of such litigation, including reasonable attorney's fees. The remedies herein shall
752 not be the exclusive remedies of the Compact Commission. The Compact Commission
753 may pursue any other remedies available under federal or the defaulting Member
754 State's law.
SS HCS HB 2974 47
755 2. A Member State may initiate legal action against the Compact Commission in
756 the United States District Court for the District of Columbia or the federal district
757 where the Compact Commission has its principal offices to enforce compliance with the
758 provisions of the compact and its promulgated Rules. The relief sought may include
759 both injunctive relief and damages. In the event judicial enforcement is necessary, the
760 prevailing party shall be awarded all costs of such litigation, including reasonable
761 attorney's fees.
762 3. No person other than a Member State shall enforce this compact against the
763 Compact Commission.
764 SECTION 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
765 A. The compact shall come into effect on the date on which the compact statute
766 is enacted into law in the seventh Member State.
767 1. On or after the effective date of the compact, the Compact Commission shall
768 convene and review the enactment of each of the first seven Member States ("Charter
769 Member States") to determine if the statute enacted and made effective by each such
770 Charter Member State is materially different than the model compact statute.
771 a. A Charter Member State whose enactment is found to be materially different
772 from the Model Compact Language shall be entitled to the default process set forth in
773 Section 11.
774 b. If any Member State is later found to be in default, or is terminated or
775 withdraws from the compact, the Compact Commission shall remain in existence and
776 the compact shall remain in effect even if the number of Member States should be less
777 than seven.
778 2. Member States enacting the compact subsequent to the seven initial Charter
779 Member States shall be subject to the process set forth in this section to determine if
780 their enactments are materially different from the model compact statute and whether
781 they qualify for participation in the compact.
782 3. All actions taken for the benefit of the Compact Commission or in furtherance
783 of the purposes of the administration of the compact prior to the effective date of the
784 compact or the Compact Commission coming into existence shall be considered to be
785 actions of the Compact Commission unless specifically repudiated by the Compact
786 Commission.
787 4. Any State that joins the compact subsequent to the Compact Commission's
788 initial adoption of the Rules and bylaws shall be subject to the Rules and bylaws as they
789 exist on the date on which the compact becomes law in that State. Any Rule that has
790 been previously adopted by the Compact Commission shall have the full force and effect
791 of law on the day the compact becomes law in that State.
SS HCS HB 2974 48
792 B. Any Member State may withdraw from this compact by enacting a statute
793 repealing the same.
794 1. A Member State's withdrawal shall not take effect until 180 days after
795 enactment of the repealing statute.
796 2. Withdrawal shall not affect the continuing requirement of the withdrawing
797 State's Licensing Authority to comply with the investigative and Adverse Action
798 reporting requirements of this compact prior to the effective date of withdrawal.
799 3. Upon the enactment of a statute withdrawing from this compact, a State shall
800 immediately provide notice of such withdrawal to all Licensees and privilege holders
801 within that State. Notwithstanding any subsequent statutory enactment to the contrary,
802 such withdrawing State shall continue to recognize all Compact Privileges granted
803 pursuant to this compact for a minimum of 180 days after the date of such notice of
804 withdrawal.
805 4. Nothing contained in this compact shall be construed to invalidate or prevent
806 any licensure agreement or other cooperative arrangement between a Member State
807 and a non-Member State that does not conflict with the provisions of this compact.
808 5. This compact may be amended by the Member States. No amendment to this
809 compact shall become effective and binding upon any Member State until it is enacted
810 into the laws of all Member States.
811 SECTION 13. CONSTRUCTION AND SEVERABILITY
812 A. This compact and the Compact Commission's rulemaking authority shall be
813 liberally construed so as to effectuate the purposes, and the implementation and
814 administration of the compact. Provisions of the compact expressly authorizing or
815 requiring the promulgation of Rules shall not be construed to limit the Compact
816 Commission's rulemaking authority solely for those purposes.
817 B. The provisions of this compact shall be severable and if any phrase, clause,
818 sentence or provision of this compact is held by a court of competent jurisdiction to be
819 contrary to the constitution of any Member State, a State seeking participation in the
820 compact, or of the United States, or the applicability thereof to any government, agency,
821 person or circumstance is held to be unconstitutional by a court of competent
822 jurisdiction, the validity of the remainder of this compact and the applicability thereof
823 to any other government, agency, person or circumstance shall not be affected thereby.
824 C. Notwithstanding the foregoing, the Compact Commission may deny a State's
825 participation in the compact or terminate a Member State's participation in the
826 compact if it determines that a constitutional requirement of a Member State is a
827 material departure from the compact. Otherwise, if this compact shall be held to be
828 contrary to the constitution of any Member State, the compact shall remain in full force
SS HCS HB 2974 49
829 and effect as to the remaining Member States and in full force and effect as to the
830 Member State affected as to all severable matters.
831 SECTION 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE
832 LAWS
833 A. Nothing herein shall prevent or inhibit the enforcement of any other law of a
834 Member State that is not inconsistent with the compact.
835 B. Any laws, statutes, regulations, or other legal requirements in a Member State
836 in conflict with the compact are superseded to the extent of the conflict.
837 C. All permissible agreements between the Compact Commission and the
838 Member States are binding in accordance with their terms.
334.1800. This section shall be known and may be cited as the "PA Licensure
2 Compact".
3 SECTION 1. PURPOSE
4 In order to strengthen access to Medical Services, and in recognition of the
5 advances in the delivery of Medical Services, the Participating States of the PA
6 Licensure Compact have allied in common purpose to develop a comprehensive process
7 that complements the existing authority of State Licensing Boards to license and
8 discipline Physician Assistants and seeks to enhance the portability of a License to
9 practice as a Physician Assistant while safeguarding the safety of patients. This
10 Compact allows Medical Services to be provided by Physician Assistants, via the mutual
11 recognition of the Licensee's Qualifying License by other Compact Participating States.
12 This Compact also adopts the prevailing standard for Physician Assistant licensure and
13 affirms that the practice and delivery of Medical Services by the Physician Assistant
14 occurs where the patient is located at the time of the patient encounter, and therefore
15 requires the Physician Assistant to be under the jurisdiction of the State Licensing
16 Board where the patient is located. State Licensing Boards that participate in this
17 Compact retain the jurisdiction to impose Adverse Action against a Compact Privilege
18 in that State issued to a Physician Assistant through the procedures of this Compact.
19 The PA Licensure Compact will alleviate burdens for military families by allowing
20 active duty military personnel and their spouses to obtain a Compact Privilege based on
21 having an unrestricted License in good standing from a Participating State.
22 SECTION 2. DEFINITIONS
23 In this Compact:
24 A. "Adverse Action" means any administrative, civil, equitable, or criminal
25 action permitted by a State's laws which is imposed by a Licensing Board or other
26 authority against a Physician Assistant License or License application or Compact
SS HCS HB 2974 50
27 Privilege such as License denial, censure, revocation, suspension, probation, monitoring
28 of the Licensee, or restriction on the Licensee's practice.
29 B. "Compact Privilege" means the authorization granted by a Remote State to
30 allow a Licensee from another Participating State to practice as a Physician Assistant to
31 provide Medical Services and other licensed activity to a patient located in the Remote
32 State under the Remote State's laws and regulations.
33 C. "Conviction" means a finding by a court that an individual is guilty of a
34 felony or misdemeanor offense through adjudication or entry of a plea of guilt or no
35 contest to the charge by the offender.
36 D. "Criminal Background Check" means the submission of fingerprints or other
37 biometric-based information for a License applicant for the purpose of obtaining that
38 applicant's criminal history record information, as defined in 28 C.F.R. § 20.3(d), from
39 the State's criminal history record repository as defined in 28 C.F.R. § 20.3(f).
40 E. "Data System" means the repository of information about Licensees,
41 including but not limited to License status and Adverse Actions, which is created and
42 administered under the terms of this Compact.
43 F. "Executive Committee" means a group of directors and ex-officio individuals
44 elected or appointed pursuant to Section 7.F.2.
45 G. "Impaired Practitioner" means a Physician Assistant whose practice is
46 adversely affected by health-related condition(s) that impact their ability to practice.
47 H. "Investigative Information" means information, records, or documents
48 received or generated by a Licensing Board pursuant to an investigation.
49 I. "Jurisprudence Requirement" means the assessment of an individual's
50 knowledge of the laws and Rules governing the practice of a Physician Assistant in a
51 State.
52 J. "License" means current authorization by a State, other than authorization
53 pursuant to a Compact Privilege, for a Physician Assistant to provide Medical Services,
54 which would be unlawful without current authorization.
55 K. "Licensee" means an individual who holds a License from a State to provide
56 Medical Services as a Physician Assistant.
57 L. "Licensing Board" means any State entity authorized to license and otherwise
58 regulate Physician Assistants.
59 M. "Medical Services" means health care services provided for the diagnosis,
60 prevention, treatment, cure or relief of a health condition, injury, or disease, as defined
61 by a State's laws and regulations. The Medical Services provided by a Physician
62 Assistant to a patient located in Missouri are defined by Missouri's state laws and
63 regulations.
SS HCS HB 2974 51
64 N. "Model Compact" means the model for the PA Licensure Compact on file
65 with The Council of State Governments or other entity as designated by the
66 Commission.
67 O. "Participating State" means a State that has enacted this Compact.
68 P. "PA" or "Physician Assistant" means an individual who is licensed as a
69 physician assistant in a State. For purposes of this Compact, any other title or status
70 adopted by a State to replace the term "Physician Assistant" shall be deemed
71 synonymous with "Physician Assistant" and shall confer the same rights and
72 responsibilities to the Licensee under the provisions of this Compact at the time of its
73 enactment.
74 Q. "PA Licensure Compact Commission," "Compact Commission," or
75 "Commission" mean the national administrative body created pursuant to Section
76 7.A of this Compact.
77 R. "Qualifying License" means an unrestricted License issued by a Participating
78 State to provide Medical Services as a Physician Assistant.
79 S. "Remote State" means a Participating State where a Licensee who is not
80 licensed as a Physician Assistant is exercising or seeking to exercise the Compact
81 Privilege.
82 T. "Rule" means a regulation promulgated by an entity that has the force and
83 effect of law.
84 U. "Significant Investigative Information" means Investigative Information that
85 a Licensing Board, after an inquiry or investigation that includes notification and an
86 opportunity for the Physician Assistant to respond if required by State law, has reason
87 to believe is not groundless and, if proven true, would indicate more than a minor
88 infraction.
89 V. "State" means any state, commonwealth, district, or territory of the United
90 States.
91 SECTION 3. STATE PARTICIPATION IN THIS COMPACT
92 A. To participate in this Compact, a Participating State shall:
93 1. License Physician Assistants;
94 2. Participate in the Compact Commission's Data System;
95 3. Have a mechanism in place for receiving and investigating complaints against
96 Licensees and License applicants;
97 4. Notify the Commission, in compliance with the terms of this Compact and
98 Commission Rules, of any Adverse Action against a Licensee or License applicant and
99 the existence of Significant Investigative Information regarding a Licensee or License
100 applicant;
SS HCS HB 2974 52
101 5. Fully implement a Criminal Background Check requirement, within a time
102 frame established by Commission Rule, by its Licensing Board receiving the results of a
103 Criminal Background Check and reporting to the Commission whether the License
104 applicant has been granted a License;
105 6. Comply with the Rules of the Compact Commission;
106 7. Utilize passage of a recognized national exam such as the NCCPA PANCE as a
107 requirement for Physician Assistant licensure;
108 8. Grant the Compact Privilege to a holder of a Qualifying License in a
109 Participating State.
110 B. Nothing in this Compact prohibits a Participating State from charging a fee
111 for granting the Compact Privilege.
112 SECTION 4. COMPACT PRIVILEGE
113 A. To exercise the Compact Privilege, a Licensee must:
114 1. Have graduated from a Physician Assistant program accredited by the
115 Accreditation Review Commission on Education for the Physician Assistant, Inc. or
116 other programs authorized by Commission Rule;
117 2. Hold current NCCPA certification;
118 3. Have no felony or misdemeanor Conviction;
119 4. Have never had a controlled substance license, permit, or registration
120 suspended or revoked by a State or by the United States Drug Enforcement
121 Administration;
122 5. Have a unique identifier as determined by Commission Rule;
123 6. Hold a Qualifying License;
124 7. Have had no revocation of a License or limitation or restriction on any
125 License currently held due to an Adverse Action;
126 8. If a Licensee has had a limitation or restriction on a License or Compact
127 Privilege due to an Adverse Action, two years must have elapsed from the date on which
128 the License or Compact Privilege is no longer limited or restricted due to the Adverse
129 Action;
130 9. If a Compact Privilege has been revoked or is limited or restricted in a
131 Participating State for conduct that would not be a basis for disciplinary action in a
132 Participating State in which the Licensee is practicing or applying to practice under a
133 Compact Privilege, that Participating State shall have the discretion not to consider
134 such action as an Adverse Action requiring the denial or removal of a Compact
135 Privilege in that State;
136 10. Notify the Compact Commission that the Licensee is seeking the Compact
137 Privilege in a Remote State;
SS HCS HB 2974 53
138 11. Meet any Jurisprudence Requirement of a Remote State in which the
139 Licensee is seeking to practice under the Compact Privilege and pay any fees applicable
140 to satisfying the Jurisprudence Requirement;
141 12. Report to the Commission any Adverse Action taken by a non-Participating
142 State within thirty (30) days after the action is taken.
143 B. The Compact Privilege is valid until the expiration or revocation of the
144 Qualifying License unless terminated pursuant to an Adverse Action. The Licensee
145 must also comply with all of the requirements of Section 4.A above to maintain the
146 Compact Privilege in a Remote State. If the Participating State takes Adverse Action
147 against a Qualifying License, the Licensee shall lose the Compact Privilege in any
148 Remote State in which the Licensee has a Compact Privilege until all of the following
149 occur:
150 1. The License is no longer limited or restricted; and
151 2. Two (2) years have elapsed from the date on which the License is no longer
152 limited or restricted due to the Adverse Action.
153 C. Once a restricted or limited License satisfies the requirements of Sections
154 4.B.1 and 4.B.2, the Licensee must meet the requirements of Section 4.A to obtain a
155 Compact Privilege in any Remote State.
156 D. For each Remote State in which a Physician Assistant seeks authority to
157 prescribe controlled substances, the Physician Assistant shall satisfy all requirements
158 imposed by such State in granting or renewing such authority.
159 SECTION 5. DESIGNATION OF THE STATE FROM WHICH LICENSEE IS
160 APPLYING FOR A COMPACT PRIVILEGE
161 A. Upon a Licensee's application for a Compact Privilege, the Licensee shall
162 identify to the Commission the Participating State from which the Licensee is applying,
163 in accordance with applicable Rules adopted by the Commission, and subject to the
164 following requirements:
165 1. When applying for a Compact Privilege, the Licensee shall provide the
166 Commission with the address of the Licensee's primary residence and thereafter shall
167 immediately report to the Commission any change in the address of the Licensee's
168 primary residence.
169 2. When applying for a Compact Privilege, the Licensee is required to consent to
170 accept service of process by mail at the Licensee's primary residence on file with the
171 Commission with respect to any action brought against the Licensee by the Commission
172 or a Participating State, including a subpoena, with respect to any action brought or
173 investigation conducted by the Commission or a Participating State.
174 SECTION 6. ADVERSE ACTIONS
SS HCS HB 2974 54
175 A. A Participating State in which a Licensee is licensed shall have exclusive
176 power to impose Adverse Action against the Qualifying License issued by that
177 Participating State.
178 B. In addition to the other powers conferred by State law, a Remote State shall
179 have the authority, in accordance with existing State due process law, to do all of the
180 following:
181 1. Take Adverse Action against a Physician Assistant's Compact Privilege within
182 that State to remove a Licensee's Compact Privilege or take other action necessary
183 under applicable law to protect the health and safety of its citizens.
184 2. Issue subpoenas for both hearings and investigations that require the
185 attendance and testimony of witnesses as well as the production of evidence. Subpoenas
186 issued by a Licensing Board in a Participating State for the attendance and testimony of
187 witnesses or the production of evidence from another Participating State shall be
188 enforced in the latter State by any court of competent jurisdiction, according to the
189 practice and procedure of that court applicable to subpoenas issued in proceedings
190 pending before it. The issuing authority shall pay any witness fees, travel expenses,
191 mileage and other fees required by the service statutes of the State in which the
192 witnesses or evidence are located.
193 3. Notwithstanding Section 6.B.2, subpoenas may not be issued by a
194 Participating State to gather evidence of conduct in another State that is lawful in
195 that other State for the purpose of taking Adverse Action against a Licensee's Compact
196 Privilege or application for a Compact Privilege in that Participating State.
197 4. Nothing in this Compact authorizes a Participating State to impose discipline
198 against a Physician Assistant's Compact Privilege or to deny an application for a
199 Compact Privilege in that Participating State for the individual's otherwise lawful
200 practice in another State.
201 C. For purposes of taking Adverse Action, the Participating State which issued
202 the Qualifying License shall give the same priority and effect to reported conduct
203 received from any other Participating State as it would if the conduct had occurred
204 within the Participating State which issued the Qualifying License. In so doing, that
205 Participating State shall apply its own State laws to determine appropriate action.
206 D. A Participating State, if otherwise permitted by State law, may recover from
207 the affected Physician Assistant the costs of investigations and disposition of cases
208 resulting from any Adverse Action taken against that Physician Assistant.
209 E. A Participating State may take Adverse Action based on the factual findings
210 of a Remote State, provided that the Participating State follows its own procedures for
211 taking the Adverse Action.
SS HCS HB 2974 55
212 F. Joint Investigations
213 1. In addition to the authority granted to a Participating State by its respective
214 State Physician Assistant laws and regulations or other applicable State law, any
215 Participating State may participate with other Participating States in joint
216 investigations of Licensees.
217 2. Participating States shall share any investigative, litigation, or compliance
218 materials in furtherance of any joint or individual investigation initiated under this
219 Compact.
220 G. If an Adverse Action is taken against a Physician Assistant's Qualifying
221 License, the Physician Assistant's Compact Privilege in all Remote States shall be
222 deactivated until two (2) years have elapsed after all restrictions have been removed
223 from the State License. All disciplinary orders by the Participating State which issued
224 the Qualifying License that impose Adverse Action against a Physician Assistant's
225 License shall include a Statement that the Physician Assistant's Compact Privilege is
226 deactivated in all Participating States during the pendency of the order.
227 H. If any Participating State takes Adverse Action, it promptly shall notify the
228 administrator of the Data System.
229 SECTION 7. ESTABLISHMENT OF THE PA LICENSURE COMPACT
230 COMMISSION
231 A. The Participating States hereby create and establish a joint government
232 agency and national administrative body known as the PA Licensure Compact
233 Commission. The Commission is an instrumentality of the Compact States acting
234 jointly and not an instrumentality of any one State. The Commission shall come into
235 existence on or after the effective date of the Compact as set forth in Section 11.A.
236 B. Membership, Voting, and Meetings
237 1. Each Participating State shall have and be limited to one (1) delegate selected
238 by that Participating State's Licensing Board or, if the State has more than one
239 Licensing Board, selected collectively by the Participating State's Licensing Boards.
240 2. The delegate shall be either:
241 a. A current Physician Assistant, physician or public member of a Licensing
242 Board or Physician Assistant council/committee; or
243 b. An administrator of a Licensing Board.
244 3. Any delegate may be removed or suspended from office as provided by the
245 laws of the State from which the delegate is appointed.
246 4. The Participating State Licensing Board shall fill any vacancy occurring in
247 the Commission within sixty (60) days.
SS HCS HB 2974 56
248 5. Each delegate shall be entitled to one (1) vote on all matters voted on by the
249 Commission and shall otherwise have an opportunity to participate in the business and
250 affairs of the Commission. A delegate shall vote in person or by such other means as
251 provided in the bylaws. The bylaws may provide for delegates' participation in
252 meetings by telecommunications, video conference, or other means of communication.
253 6. The Commission shall meet at least once during each calendar year.
254 Additional meetings shall be held as set forth in this Compact and the bylaws.
255 7. The Commission shall establish by Rule a term of office for delegates.
256 C. The Commission shall have the following powers and duties:
257 1. Establish a code of ethics for the Commission;
258 2. Establish the fiscal year of the Commission;
259 3. Establish fees;
260 4. Establish bylaws;
261 5. Maintain its financial records in accordance with the bylaws;
262 6. Meet and take such actions as are consistent with the provisions of this
263 Compact and the bylaws;
264 7. Promulgate Rules limited to the Commission's authority to facilitate and
265 coordinate implementation and administration of this Compact. The Rules authorized
266 by the Compact shall have the force and effect of law and shall be binding in all
267 Participating States;
268 8. Bring and prosecute legal proceedings or actions in the name of the
269 Commission, provided that the standing of any State Licensing Board to sue or be sued
270 under applicable law shall not be affected;
271 9. Purchase and maintain insurance and bonds;
272 10. Borrow, accept, or contract for services of personnel, including, but not
273 limited to, employees of a Participating State;
274 11. Hire employees and engage contractors, elect or appoint officers, fix
275 compensation, define duties, grant such individuals appropriate authority to carry out
276 the purposes of this Compact, and establish the Commission's personnel policies and
277 programs relating to conflicts of interest, qualifications of personnel, and other related
278 personnel matters;
279 12. Accept any and all appropriate donations and grants of money, equipment,
280 supplies, materials and services, and receive, utilize and dispose of the same; provided
281 that at all times the Commission shall avoid any appearance of impropriety or conflict
282 of interest;
SS HCS HB 2974 57
283 13. Lease, purchase, accept appropriate gifts or donations of, or otherwise own,
284 hold, improve or use, any property, real, personal or mixed; provided that at all times
285 the Commission shall avoid any appearance of impropriety;
286 14. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
287 dispose of any property real, personal, or mixed;
288 15. Establish a budget and make expenditures;
289 16. Borrow money;
290 17. Appoint committees, including standing committees composed of members,
291 State regulators, State legislators or their representatives, and consumer
292 representatives, and such other interested persons as may be designated in this
293 Compact and the bylaws;
294 18. Provide and receive information from, and cooperate with, law enforcement
295 agencies;
296 19. Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of
297 the Commission as provided in the Commission's bylaws;
298 20. Reserve for itself, in addition to those reserved exclusively to the Commission
299 under the Compact, powers that the Executive Committee may not exercise;
300 21. Approve or disapprove a State's participation in the Compact based upon its
301 determination as to whether the State's Compact legislation departs in a material
302 manner from the Model Compact language;
303 22. Prepare and provide to the Participating States an annual report; and
304 23. Perform such other functions as may be necessary or appropriate to achieve
305 the purposes of this Compact consistent with the State regulation of Physician Assistant
306 licensure and practice.
307 D. Meetings of the Commission
308 1. All meetings of the Commission that are not closed pursuant to this subsection
309 shall be open to the public. Notice of public meetings shall be posted on the
310 Commission's website at least thirty (30) days prior to the public meeting.
311 2. Notwithstanding Section 7.D.1, the Commission may convene a public meeting
312 by providing at least twenty-four (24) hours prior notice on the Commission's website,
313 and any other means as provided in the Commission's Rules, for any of the reasons it
314 may dispense with Notice of Proposed Rulemaking under Section 9.L.
315 3. The Commission may convene in a closed, non-public meeting or non-public
316 part of a public meeting to receive legal advice or to discuss:
317 a. Non-compliance of a Participating State with its obligations under this
318 Compact;
SS HCS HB 2974 58
319 b. The employment, compensation, discipline or other matters, practices or
320 procedures related to specific employees or other matters related to the Commission's
321 internal personnel practices and procedures;
322 c. Current, threatened, or reasonably anticipated litigation;
323 d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
324 real estate;
325 e. Accusing any person of a crime or formally censuring any person;
326 f. Disclosure of trade secrets or commercial or financial information that is
327 privileged or confidential;
328 g. Disclosure of information of a personal nature where disclosure would
329 constitute a clearly unwarranted invasion of personal privacy;
330 h. Disclosure of investigative records compiled for law enforcement purposes;
331 i. Disclosure of information related to any investigative reports prepared by or
332 on behalf of or for use of the Commission or other committee charged with
333 responsibility of investigation or determination of compliance issues pursuant to this
334 Compact;
335 j. Legal advice; or
336 k. Matters specifically exempted from disclosure by federal or Participating
337 States' statutes.
338 4. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
339 chair of the meeting or the chair's designee shall certify that the meeting or portion of
340 the meeting may be closed and shall reference each relevant exempting provision.
341 5. The Commission shall keep minutes that fully and clearly describe all matters
342 discussed in a meeting and shall provide a full and accurate summary of actions taken,
343 including a description of the views expressed. All documents considered in connection
344 with an action shall be identified in such minutes. All minutes and documents of a
345 closed meeting shall remain under seal, subject to release by a majority vote of the
346 Commission or order of a court of competent jurisdiction.
347 E. Financing of the Commission
348 1. The Commission shall pay, or provide for the payment of, the reasonable
349 expenses of its establishment, organization, and ongoing activities.
350 2. The Commission may accept any and all appropriate revenue sources,
351 donations, and grants of money, equipment, supplies, materials, and services.
352 3. The Commission may levy on and collect an annual assessment from each
353 Participating State and may impose Compact Privilege fees on Licensees of
354 Participating States to whom a Compact Privilege is granted to cover the cost of the
355 operations and activities of the Commission and its staff, which must be in a total
SS HCS HB 2974 59
356 amount sufficient to cover its annual budget as approved by the Commission each year
357 for which revenue is not provided by other sources. The aggregate annual assessment
358 amount levied on Participating States shall be allocated based upon a formula to be
359 determined by Commission Rule.
360 a. A Compact Privilege expires when the Licensee's Qualifying License in the
361 Participating State from which the Licensee applied for the Compact Privilege expires.
362 b. If the Licensee terminates the Qualifying License through which the Licensee
363 applied for the Compact Privilege before its scheduled expiration, and the Licensee has
364 a Qualifying License in another Participating State, the Licensee shall inform the
365 Commission that it is changing to that Participating State the Participating State
366 through which it applies for a Compact Privilege and pay to the Commission any
367 Compact Privilege fee required by Commission Rule.
368 4. The Commission shall not incur obligations of any kind prior to securing the
369 funds adequate to meet the same; nor shall the Commission pledge the credit of any of
370 the Participating States, except by and with the authority of the Participating State.
371 5. The Commission shall keep accurate accounts of all receipts and
372 disbursements. The receipts and disbursements of the Commission shall be subject
373 to the financial review and accounting procedures established under its bylaws. All
374 receipts and disbursements of funds handled by the Commission shall be subject to an
375 annual financial review by a certified or licensed public accountant, and the report of
376 the financial review shall be included in and become part of the annual report of the
377 Commission.
378 F. The Executive Committee
379 1. The Executive Committee shall have the power to act on behalf of the
380 Commission according to the terms of this Compact and Commission Rules.
381 2. The Executive Committee shall be composed of nine (9) members:
382 a. Seven voting members who are elected by the Commission from the current
383 membership of the Commission;
384 b. One ex-officio, nonvoting member from a recognized national Physician
385 Assistant professional association; and
386 c. One ex-officio, nonvoting member from a recognized national Physician
387 Assistant certification organization.
388 3. The ex-officio members will be selected by their respective organizations.
389 4. The Commission may remove any member of the Executive Committee as
390 provided in its bylaws.
391 5. The Executive Committee shall meet at least annually.
392 6. The Executive Committee shall have the following duties and responsibilities:
SS HCS HB 2974 60
393 a. Recommend to the Commission changes to the Commission's Rules or bylaws,
394 changes to this Compact legislation, fees to be paid by Compact Participating States
395 such as annual dues, and any Commission Compact fee charged to Licensees for the
396 Compact Privilege;
397 b. Ensure Compact administration services are appropriately provided,
398 contractual or otherwise;
399 c. Prepare and recommend the budget;
400 d. Maintain financial records on behalf of the Commission;
401 e. Monitor Compact compliance of Participating States and provide compliance
402 reports to the Commission;
403 f. Establish additional committees as necessary;
404 g. Exercise the powers and duties of the Commission during the interim between
405 Commission meetings, except for issuing proposed rulemaking or adopting Commission
406 Rules or bylaws, or exercising any other powers and duties exclusively reserved to the
407 Commission by the Commission's Rules; and
408 h. Perform other duties as provided in the Commission's Rules or bylaws.
409 7. All meetings of the Executive Committee at which it votes or plans to vote on
410 matters in exercising the powers and duties of the Commission shall be open to the
411 public and public notice of such meetings shall be given as public meetings of the
412 Commission are given.
413 8. The Executive Committee may convene in a closed, non-public meeting for the
414 same reasons that the Commission may convene in a non-public meeting as set forth in
415 Section 7.D.3 and shall announce the closed meeting as the Commission is required to
416 under Section 7.D.4 and keep minutes of the closed meeting as the Commission is
417 required to under Section 7.D.5.
418 G. Qualified Immunity, Defense, and Indemnification
419 1. The members, officers, executive director, employees and representatives of
420 the Commission shall be immune from suit and liability, both personally and in their
421 official capacity, for any claim for damage to or loss of property or personal injury or
422 other civil liability caused by or arising out of any actual or alleged act, error, or
423 omission that occurred, or that the person against whom the claim is made had a
424 reasonable basis for believing occurred within the scope of Commission employment,
425 duties or responsibilities; provided that nothing in this paragraph shall be construed to
426 protect any such person from suit or liability for any damage, loss, injury, or liability
427 caused by the intentional or willful or wanton misconduct of that person. The
428 procurement of insurance of any type by the Commission shall not in any way
429 compromise or limit the immunity granted hereunder.
SS HCS HB 2974 61
430 2. The Commission shall defend any member, officer, executive director,
431 employee, and representative of the Commission in any civil action seeking to impose
432 liability arising out of any actual or alleged act, error, or omission that occurred within
433 the scope of Commission employment, duties, or responsibilities, or as determined by
434 the commission that the person against whom the claim is made had a reasonable basis
435 for believing occurred within the scope of Commission employment, duties, or
436 responsibilities; provided that nothing herein shall be construed to prohibit that
437 person from retaining their own counsel at their own expense; and provided further,
438 that the actual or alleged act, error, or omission did not result from that person's
439 intentional or willful or wanton misconduct.
440 3. The Commission shall indemnify and hold harmless any member, officer,
441 executive director, employee, and representative of the Commission for the amount of
442 any settlement or judgment obtained against that person arising out of any actual or
443 alleged act, error, or omission that occurred within the scope of Commission
444 employment, duties, or responsibilities, or that such person had a reasonable basis
445 for believing occurred within the scope of Commission employment, duties, or
446 responsibilities, provided that the actual or alleged act, error, or omission did not
447 result from the intentional or willful or wanton misconduct of that person.
448 4. Venue is proper and judicial proceedings by or against the Commission shall
449 be brought solely and exclusively in a court of competent jurisdiction where the
450 principal office of the Commission is located. The Commission may waive venue and
451 jurisdictional defenses in any proceedings as authorized by Commission Rules.
452 5. Nothing herein shall be construed as a limitation on the liability of any
453 Licensee for professional malpractice or misconduct, which shall be governed solely by
454 any other applicable State laws.
455 6. Nothing herein shall be construed to designate the venue or jurisdiction to
456 bring actions for alleged acts of malpractice, professional misconduct, negligence, or
457 other such civil action pertaining to the practice of a Physician Assistant. All such
458 matters shall be determined exclusively by State law other than this Compact.
459 7. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a
460 Participating State's state action immunity or state action affirmative defense with
461 respect to antitrust claims under the Sherman Act, Clayton Act, or any other State or
462 federal antitrust or anticompetitive law or regulation.
463 8. Nothing in this Compact shall be construed to be a waiver of sovereign
464 immunity by the Participating States or by the Commission.
465 SECTION 8. DATA SYSTEM
SS HCS HB 2974 62
466 A. The Commission shall provide for the development, maintenance, operation,
467 and utilization of a coordinated data and reporting system containing licensure, Adverse
468 Action, and the reporting of the existence of Significant Investigative Information on all
469 licensed Physician Assistants and applicants denied a License in Participating States.
470 B. Notwithstanding any other State law to the contrary, a Participating State
471 shall submit a uniform data set to the Data System on all Physician Assistants to whom
472 this Compact is applicable (utilizing a unique identifier) as required by the Rules of the
473 Commission, including:
474 1. Identifying information;
475 2. Licensure data;
476 3. Adverse Actions against a License or Compact Privilege;
477 4. Any denial of application for licensure, and the reason(s) for such denial
478 (excluding the reporting of any criminal history record information where prohibited by
479 law);
480 5. The existence of Significant Investigative Information; and
481 6. Other information that may facilitate the administration of this Compact, as
482 determined by the Rules of the Commission.
483 C. Significant Investigative Information pertaining to a Licensee in any
484 Participating State shall only be available to other Participating States.
485 D. The Commission shall promptly notify all Participating States of any Adverse
486 Action taken against a Licensee or an individual applying for a License that has been
487 reported to it. This Adverse Action information shall be available to any other
488 Participating State.
489 E. Participating States contributing information to the Data System may, in
490 accordance with State or federal law, designate information that may not be shared with
491 the public without the express permission of the contributing State. Notwithstanding
492 any such designation, such information shall be reported to the Commission through the
493 Data System.
494 F. Any information submitted to the Data System that is subsequently expunged
495 pursuant to federal law or the laws of the Participating State contributing the
496 information shall be removed from the Data System upon reporting of such by the
497 Participating State to the Commission.
498 G. The records and information provided to a Participating State pursuant to
499 this Compact or through the Data System, when certified by the Commission or an
500 agent thereof, shall constitute the authenticated business records of the Commission,
501 and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-
502 judicial or administrative proceedings in a Participating State.
SS HCS HB 2974 63
503 SECTION 9. RULEMAKING
504 A. The Commission shall exercise its rulemaking powers pursuant to the criteria
505 set forth in this section and the Rules adopted thereunder. Commission Rules shall
506 become binding as of the date specified by the Commission for each Rule.
507 B. The Commission shall promulgate reasonable Rules in order to effectively
508 and efficiently implement and administer this Compact and achieve its purposes. A
509 Commission Rule shall be invalid and have no force or effect only if a court of
510 competent jurisdiction holds that the Rule is invalid because the Commission exercised
511 its rulemaking authority in a manner that is beyond the scope of the purposes of this
512 Compact, or the powers granted hereunder, or based upon another applicable standard
513 of review.
514 C. The Rules of the Commission shall have the force of law in each Participating
515 State, provided however that where the Rules of the Commission conflict with the laws
516 of the Participating State that establish the Medical Services a Physician Assistant may
517 perform in the Participating State, as held by a court of competent jurisdiction, the
518 Rules of the Commission shall be ineffective in that State to the extent of the conflict.
519 D. If a majority of the legislatures of the Participating States rejects a
520 Commission Rule, by enactment of a statute or resolution in the same manner used to
521 adopt this Compact within four (4) years of the date of adoption of the Rule, then such
522 Rule shall have no further force and effect in any Participating State or to any State
523 applying to participate in the Compact.
524 E. Commission Rules shall be adopted at a regular or special meeting of the
525 Commission.
526 F. Prior to promulgation and adoption of a final Rule or Rules by the
527 Commission, and at least thirty (30) days in advance of the meeting at which the Rule
528 will be considered and voted upon, the Commission shall file a Notice of Proposed
529 Rulemaking:
530 1. On the website of the Commission or other publicly accessible platform; and
531 2. To persons who have requested notice of the Commission's Notices of
532 Proposed Rulemaking; and
533 3. In such other way(s) as the Commission may by Rule specify.
534 G. The Notice of Proposed Rulemaking shall include:
535 1. The time, date, and location of the public hearing on the proposed Rule and
536 the proposed time, date and location of the meeting in which the proposed Rule will be
537 considered and voted upon;
538 2. The text of the proposed Rule and the reason for the proposed Rule;
SS HCS HB 2974 64
539 3. A request for comments on the proposed Rule from any interested person and
540 the date by which written comments must be received; and
541 4. The manner in which interested persons may submit notice to the Commission
542 of their intention to attend the public hearing or provide any written comments.
543 H. Prior to adoption of a proposed Rule, the Commission shall allow persons to
544 submit written data, facts, opinions, and arguments, which shall be made available to
545 the public.
546 I. If the hearing is to be held via electronic means, the Commission shall publish
547 the mechanism for access to the electronic hearing.
548 1. All persons wishing to be heard at the hearing shall as directed in the Notice of
549 Proposed Rulemaking, not less than five (5) business days before the scheduled date of
550 the hearing, notify the Commission of their desire to appear and testify at the hearing.
551 2. Hearings shall be conducted in a manner providing each person who wishes to
552 comment a fair and reasonable opportunity to comment orally or in writing.
553 3. All hearings shall be recorded. A copy of the recording and the written
554 comments, data, facts, opinions, and arguments received in response to the proposed
555 rulemaking shall be made available to a person upon request.
556 4. Nothing in this section shall be construed as requiring a separate hearing on
557 each proposed Rule. Proposed Rules may be grouped for the convenience of the
558 Commission at hearings required by this section.
559 J. Following the public hearing the Commission shall consider all written and
560 oral comments timely received.
561 K. The Commission shall, by majority vote of all delegates, take final action on
562 the proposed Rule and shall determine the effective date of the Rule, if adopted, based
563 on the rulemaking record and the full text of the Rule.
564 1. If adopted, the Rule shall be posted on the Commission's website.
565 2. The Commission may adopt changes to the proposed Rule provided the
566 changes do not enlarge the original purpose of the proposed Rule.
567 3. The Commission shall provide on its website an explanation of the reasons for
568 substantive changes made to the proposed Rule as well as reasons for substantive
569 changes not made that were recommended by commenters.
570 4. The Commission shall determine a reasonable effective date for the Rule.
571 Except for an emergency as provided in Section 9.L, the effective date of the Rule shall
572 be no sooner than thirty (30) days after the Commission issued the notice that it adopted
573 the Rule.
574 L. Upon determination that an emergency exists, the Commission may consider
575 and adopt an emergency Rule with twenty-four (24) hours prior notice, without the
SS HCS HB 2974 65
576 opportunity for comment, or hearing, provided that the usual rulemaking procedures
577 provided in this Compact and in this section shall be retroactively applied to the Rule as
578 soon as reasonably possible, in no event later than ninety (90) days after the effective
579 date of the Rule. For the purposes of this provision, an emergency Rule is one that must
580 be adopted immediately by the Commission in order to:
581 1. Meet an imminent threat to public health, safety, or welfare;
582 2. Prevent a loss of Commission or Participating State funds;
583 3. Meet a deadline for the promulgation of a Commission Rule that is established
584 by federal law or Rule; or
585 4. Protect public health and safety.
586 M. The Commission or an authorized committee of the Commission may direct
587 revisions to a previously adopted Commission Rule for purposes of correcting
588 typographical errors, errors in format, errors in consistency, or grammatical errors.
589 Public notice of any revisions shall be posted on the website of the Commission. The
590 revision shall be subject to challenge by any person for a period of thirty (30) days after
591 posting. The revision may be challenged only on grounds that the revision results in a
592 material change to a Rule. A challenge shall be made as set forth in the notice of
593 revisions and delivered to the Commission prior to the end of the notice period. If no
594 challenge is made, the revision will take effect without further action. If the revision is
595 challenged, the revision may not take effect without the approval of the Commission.
596 N. No Participating State's rulemaking requirements shall apply under this
597 Compact.
598 SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
599 A. Oversight
600 1. The executive and judicial branches of State government in each Participating
601 State shall enforce this Compact and take all actions necessary and appropriate to
602 implement the Compact.
603 2. Venue is proper and judicial proceedings by or against the Commission shall
604 be brought solely and exclusively in a court of competent jurisdiction where the
605 principal office of the Commission is located. The Commission may waive venue and
606 jurisdictional defenses to the extent it adopts or consents to participate in alternative
607 dispute resolution proceedings. Nothing herein shall affect or limit the selection or
608 propriety of venue in any action against a Licensee for professional malpractice,
609 misconduct or any such similar matter.
610 3. The Commission shall be entitled to receive service of process in any
611 proceeding regarding the enforcement or interpretation of the Compact or the
612 Commission's Rules and shall have standing to intervene in such a proceeding for all
SS HCS HB 2974 66
613 purposes. Failure to provide the Commission with service of process shall render a
614 judgment or order in such proceeding void as to the Commission, this Compact, or
615 Commission Rules.
616 B. Default, Technical Assistance, and Termination
617 1. If the Commission determines that a Participating State has defaulted in the
618 performance of its obligations or responsibilities under this Compact or the Commission
619 Rules, the Commission shall provide written notice to the defaulting State and other
620 Participating States. The notice shall describe the default, the proposed means of curing
621 the default and any other action that the Commission may take and shall offer remedial
622 training and specific technical assistance regarding the default.
623 2. If a State in default fails to cure the default, the defaulting State may be
624 terminated from this Compact upon an affirmative vote of a majority of the delegates of
625 the Participating States, and all rights, privileges and benefits conferred by this
626 Compact upon such State may be terminated on the effective date of termination. A
627 cure of the default does not relieve the offending State of obligations or liabilities
628 incurred during the period of default.
629 3. Termination of participation in this Compact shall be imposed only after all
630 other means of securing compliance have been exhausted. Notice of intent to suspend or
631 terminate shall be given by the Commission to the governor, the majority and minority
632 leaders of the defaulting State's legislature, and to the Licensing Board(s) of each of the
633 Participating States.
634 4. A State that has been terminated is responsible for all assessments,
635 obligations, and liabilities incurred through the effective date of termination, including
636 obligations that extend beyond the effective date of termination.
637 5. The Commission shall not bear any costs related to a State that is found to be
638 in default or that has been terminated from this Compact, unless agreed upon in writing
639 between the Commission and the defaulting State.
640 6. The defaulting State may appeal its termination from the Compact by the
641 Commission by petitioning the United States District Court for the District of Columbia
642 or the federal district where the Commission has its principal offices. The prevailing
643 member shall be awarded all costs of such litigation, including reasonable attorney's
644 fees.
645 7. Upon the termination of a State's participation in the Compact, the State shall
646 immediately provide notice to all Licensees within that State of such termination:
647 a. Licensees who have been granted a Compact Privilege in that State shall
648 retain the Compact Privilege for one hundred eighty (180) days following the effective
649 date of such termination.
SS HCS HB 2974 67
650 b. Licensees who are licensed in that State who have been granted a Compact
651 Privilege in a Participating State shall retain the Compact Privilege for one hundred
652 eighty (180) days unless the Licensee also has a Qualifying License in a Participating
653 State or obtains a Qualifying License in a Participating State before the one hundred
654 eighty (180)-day period ends, in which case the Compact Privilege shall continue.
655 C. Dispute Resolution
656 1. Upon request by a Participating State, the Commission shall attempt to
657 resolve disputes related to this Compact that arise among Participating States and
658 between participating and non-Participating States.
659 2. The Commission shall promulgate a Rule providing for both mediation and
660 binding dispute resolution for disputes as appropriate.
661 D. Enforcement
662 1. The Commission, in the reasonable exercise of its discretion, shall enforce the
663 provisions of this Compact and Rules of the Commission.
664 2. If compliance is not secured after all means to secure compliance have been
665 exhausted, by majority vote, the Commission may initiate legal action in the United
666 States District Court for the District of Columbia or the federal district where the
667 Commission has its principal offices, against a Participating State in default to enforce
668 compliance with the provisions of this Compact and the Commission's promulgated
669 Rules and bylaws. The relief sought may include both injunctive relief and damages. In
670 the event judicial enforcement is necessary, the prevailing party shall be awarded all
671 costs of such litigation, including reasonable attorney's fees.
672 3. The remedies herein shall not be the exclusive remedies of the Commission.
673 The Commission may pursue any other remedies available under federal or State law.
674 E. Legal Action Against the Commission
675 1. A Participating State may initiate legal action against the Commission in the
676 United States District Court for the District of Columbia or the federal district where
677 the Commission has its principal offices to enforce compliance with the provisions of the
678 Compact and its Rules. The relief sought may include both injunctive relief and
679 damages. In the event judicial enforcement is necessary, the prevailing party shall be
680 awarded all costs of such litigation, including reasonable attorney's fees.
681 2. No person other than a Participating State shall enforce this Compact against
682 the Commission.
683 SECTION 11. DATE OF IMPLEMENTATION OF THE PA LICENSURE COMPACT
684 COMMISSION
685 A. This Compact shall come into effect on the date on which this Compact
686 statute is enacted into law in the seventh Participating State.
SS HCS HB 2974 68
687 1. On or after the effective date of the Compact, the Commission shall convene
688 and review the enactment of each of the States that enacted the Compact prior to the
689 Commission convening ("Charter Participating States") to determine if the statute
690 enacted by each such Charter Participating State is materially different than the Model
691 Compact.
692 a. A Charter Participating State whose enactment is found to be materially
693 different from the Model Compact shall be entitled to the default process set forth in
694 Section 10.B.
695 b. If any Participating State later withdraws from the Compact or its
696 participation is terminated, the Commission shall remain in existence and the Compact
697 shall remain in effect even if the number of Participating States should be less than
698 seven. Participating States enacting the Compact subsequent to the Commission
699 convening shall be subject to the process set forth in Section 7.C.21 to determine if their
700 enactments are materially different from the Model Compact and whether they qualify
701 for participation in the Compact.
702 2. Participating States enacting the Compact subsequent to the seven initial
703 Charter Participating States shall be subject to the process set forth in Section 7.C.21 to
704 determine if their enactments are materially different from the Model Compact and
705 whether they qualify for participation in the Compact.
706 3. All actions taken for the benefit of the Commission or in furtherance of the
707 purposes of the administration of the Compact prior to the effective date of the Compact
708 or the Commission coming into existence shall be considered to be actions of the
709 Commission unless specifically repudiated by the Commission.
710 B. Any State that joins this Compact shall be subject to the Commission's Rules
711 and bylaws as they exist on the date on which this Compact becomes law in that State.
712 Any Rule that has been previously adopted by the Commission shall have the full force
713 and effect of law on the day this Compact becomes law in that State.
714 C. Any Participating State may withdraw from this Compact by enacting a
715 statute repealing the same.
716 1. A Participating State's withdrawal shall not take effect until one hundred
717 eighty (180) days after enactment of the repealing statute. During this one hundred
718 eighty (180) day-period, all Compact Privileges that were in effect in the withdrawing
719 State and were granted to Licensees licensed in the withdrawing State shall remain in
720 effect. If any Licensee licensed in the withdrawing State is also licensed in another
721 Participating State or obtains a license in another Participating State within the one
722 hundred eighty (180) days, the Licensee's Compact Privileges in other Participating
723 States shall not be affected by the passage of the one hundred eighty (180) days.
SS HCS HB 2974 69
724 2. Withdrawal shall not affect the continuing requirement of the State Licensing
725 Board(s) of the withdrawing State to comply with the investigative, and Adverse Action
726 reporting requirements of this Compact prior to the effective date of withdrawal.
727 3. Upon the enactment of a statute withdrawing a State from this Compact, the
728 State shall immediately provide notice of such withdrawal to all Licensees within that
729 State. Such withdrawing State shall continue to recognize all licenses granted pursuant
730 to this Compact for a minimum of one hundred eighty (180) days after the date of such
731 notice of withdrawal.
732 D. Nothing contained in this Compact shall be construed to invalidate or prevent
733 any Physician Assistant licensure agreement or other cooperative arrangement between
734 Participating States and between a Participating State and non-Participating State that
735 does not conflict with the provisions of this Compact.
736 E. This Compact may be amended by the Participating States. No amendment
737 to this Compact shall become effective and binding upon any Participating State until it
738 is enacted materially in the same manner into the laws of all Participating States as
739 determined by the Commission.
740 SECTION 12. CONSTRUCTION AND SEVERABILITY
741 A. This Compact and the Commission's rulemaking authority shall be liberally
742 construed so as to effectuate the purposes, and the implementation and administration
743 of the Compact. Provisions of the Compact expressly authorizing or requiring the
744 promulgation of Rules shall not be construed to limit the Commission's rulemaking
745 authority solely for those purposes.
746 B. The provisions of this Compact shall be severable and if any phrase, clause,
747 sentence or provision of this Compact is held by a court of competent jurisdiction to be
748 contrary to the constitution of any Participating State, a State seeking participation in
749 the Compact, or of the United States, or the applicability thereof to any government,
750 agency, person or circumstance is held to be unconstitutional by a court of competent
751 jurisdiction, the validity of the remainder of this Compact and the applicability thereof
752 to any other government, agency, person or circumstance shall not be affected thereby.
753 C. Notwithstanding Section 12.B, the Commission may deny a State's
754 participation in the Compact or, in accordance with the requirements of Section 10.B,
755 terminate a Participating State's participation in the Compact, if it determines that a
756 constitutional requirement of a Participating State is, or would be with respect to a State
757 seeking to participate in the Compact, a material departure from the Compact.
758 Otherwise, if this Compact shall be held to be contrary to the constitution of any
759 Participating State, the Compact shall remain in full force and effect as to the remaining
SS HCS HB 2974 70
760 Participating States and in full force and effect as to the Participating State affected as
761 to all severable matters.
762 SECTION 13. BINDING EFFECT OF COMPACT
763 A. Nothing herein prevents the enforcement of any other law of a Participating
764 State that is not inconsistent with this Compact.
765 B. Any laws in a Participating State in conflict with this Compact are superseded
766 to the extent of the conflict.
767 C. All agreements between the Commission and the Participating States are
768 binding in accordance with their terms.
✔Every fact on this page links to its source, starting with the official bill record.