Bill Text: NY S07710 | 2023-2024 | General Assembly | Introduced
Bill Title: Adopts the Interstate Massage Compact to support the mobility of licensed massage therapists by creating an additional licensing pathway to create reciprocity among participant states and reduce the barriers to license portability.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO HIGHER EDUCATION [S07710 Detail]
Download: New_York-2023-S07710-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7710 2023-2024 Regular Sessions IN SENATE October 18, 2023 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the education law, in relation to adopting the Inter- state Massage Compact The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new section 7808 2 to read as follows: 3 § 7808. Interstate massage compact. The Interstate massage compact is 4 hereby entered into and enacted into law with all jurisdictions legally 5 joining therein, in the form substantially as follows: 6 INTERSTATE MASSAGE COMPACT 7 ARTICLE 1 - PURPOSE 8 The purpose of this Compact is to reduce the burdens on State govern- 9 ments and to facilitate the interstate practice and regulation of 10 Massage Therapy with the goal of improving public access to, and the 11 safety of, Massage Therapy Services. Through this Compact, the Member 12 States seek to establish a regulatory framework which provides for a new 13 multistate licensing program. Through this additional licensing pathway, 14 the Member States seek to provide increased value and mobility to 15 licensed massage therapists in the Member States, while ensuring the 16 provision of safe, competent, and reliable services to the public. 17 This Compact is designed to achieve the following objectives, and the 18 Member States hereby ratify the same intentions by subscribing hereto: 19 A. Increase public access to Massage Therapy Services by providing for 20 a multistate licensing pathway; 21 B. Enhance the Member States' ability to protect the public's health 22 and safety; 23 C. Enhance the Member States' ability to prevent human trafficking and 24 licensure fraud; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11668-01-3S. 7710 2 1 D. Encourage the cooperation of Member States in regulating the multi- 2 state Practice of Massage Therapy; 3 E. Support relocating military members and their spouses; 4 F. Facilitate and enhance the exchange of licensure, investigative, 5 and disciplinary information between the Member States; 6 G. Create an Interstate Commission that will exist to implement and 7 administer the Compact; 8 H. Allow a Member State to hold a Licensee accountable, even where 9 that Licensee holds a Multistate License; 10 I. Create a streamlined pathway for Licensees to practice in Member 11 States, thus increasing the mobility of duly licensed massage thera- 12 pists; and 13 J. Serve the needs of licensed massage therapists and the public 14 receiving their services, however 15 K. Nothing in this compact is intended to prevent a state from enforc- 16 ing its own laws regarding the practice of massage therapy. 17 ARTICLE 2 - DEFINITIONS 18 As used in this Compact, except as otherwise provided and subject to 19 clarification by the Rules of the Commission, the following definitions 20 shall govern the terms herein: 21 A. "Active Military Member" - any person with full-time duty status in 22 the armed forces of the United States, including members of the National 23 Guard and Reserve. 24 B. "Adverse Action" - any administrative, civil, equitable, or crimi- 25 nal action permitted by a Member State's laws which is imposed by a 26 Licensing Authority or other regulatory body against a Licensee, includ- 27 ing actions against an individual's Authorization to Practice such as 28 revocation, suspension, probation, surrender in lieu of discipline, 29 monitoring of the Licensee, limitation of the Licensee's practice, or 30 any other Encumbrance on licensure affecting an individual's ability to 31 practice Massage Therapy, including the issuance of a cease and desist 32 order. 33 C. "Alternative Program" - a non-disciplinary monitoring or prosecuto- 34 rial diversion program approved by a Member State's Licensing Authority. 35 D. "Authorization to Practice"- a legal authorization by a Remote 36 State pursuant to a Multistate License permitting the Practice of 37 Massage Therapy in that Remote State, which shall be subject to the 38 enforcement jurisdiction of the Licensing Authority in that Remote 39 State. 40 E. "Background Check" - the submission of an applicant's criminal 41 history record information, as further defined in 28 C.F.R. § 20.3(d), 42 as amended from the Federal Bureau of Investigation and the agency 43 responsible for retaining State criminal records in the applicant's Home 44 State. 45 F. "Charter Member States" - Member States who have enacted legis- 46 lation to adopt this Compact where such legislation predates the effec- 47 tive date of this Compact as defined in Article 12. 48 G. "Commission" - the government agency whose membership consists of 49 all States that have enacted this Compact, which is known as the Inter- 50 state Massage Compact Commission, as defined in Article 8, and which 51 shall operate as an instrumentality of the Member States. 52 H. "Continuing Competence" - a requirement, as a condition of license 53 renewal, to provide evidence of participation in, and completion of, 54 educational or professional activities that maintain, improve, or 55 enhance Massage Therapy fitness to practice.S. 7710 3 1 I. "Current Significant Investigative Information" - Investigative 2 Information that a Licensing Authority, after an inquiry or investi- 3 gation that complies with a Member State's due process requirements, has 4 reason to believe is not groundless and, if proved true, would indicate 5 a violation of that State's laws regarding the Practice of Massage Ther- 6 apy. 7 J. "Data System" - a repository of information about Licensees who 8 hold Multistate Licenses, which may include but is not limited to 9 license status, Investigative Information, and Adverse Actions. 10 K. "Disqualifying Event" - any event which shall disqualify an indi- 11 vidual from holding a Multistate License under this Compact, which the 12 Commission may by Rule specify. 13 L. "Encumbrance" - a revocation or suspension of, or any limitation or 14 condition on, the full and unrestricted Practice of Massage Therapy by a 15 Licensing Authority. 16 M. "Executive Committee" - a group of delegates elected or appointed 17 to act on behalf of, and within the powers granted to them by, the 18 Commission. 19 N. "Home State" - means the Member State which is a Licensee's primary 20 state of residence where the Licensee holds an active Single-State 21 License. 22 O. "Investigative Information" - information, records, or documents 23 received or generated by a Licensing Authority pursuant to an investi- 24 gation or other inquiry. 25 P. "Licensing Authority" - a State's regulatory body responsible for 26 issuing Massage Therapy licenses or otherwise overseeing the Practice of 27 Massage Therapy in that State. 28 Q. "Licensee" - an individual who currently holds a license from a 29 Member State to fully practice Massage Therapy, whose license is not a 30 student, provisional, temporary, inactive, or other similar status. 31 R. "Massage Therapy", "Massage Therapy Services", and the "Practice of 32 Massage Therapy" - the care and services provided by a Licensee as set 33 forth in the Member State's statutes and regulations in the State where 34 the services are being provided. 35 S. "Member State" - any State that has adopted this Compact. 36 T. "Multistate License" - a license that consists of Authorizations to 37 Practice Massage Therapy in all Remote States pursuant to this Compact, 38 which shall be subject to the enforcement jurisdiction of the Licensing 39 Authority in a Licensee's Home State. 40 U. "National Licensing Examination" - A national examination developed 41 by a national association of Massage Therapy regulatory boards, as 42 defined by Commission Rule, that is derived from a practice analysis and 43 is consistent with generally accepted psychometric principles of fair- 44 ness, validity and reliability, and is administered under secure and 45 confidential examination protocols. 46 V. "Remote State" - any Member State, other than the Licensee's Home 47 State. 48 W. "Rule" - any opinion or regulation promulgated by the Commission 49 under this Compact, which shall have the force of law. 50 X. "Single-State License" - a current, valid authorization issued by a 51 Member State's Licensing Authority allowing an individual to fully prac- 52 tice Massage Therapy, that is not a restricted, student, provisional, 53 temporary, or inactive practice authorization and authorizes practice 54 only within the issuing State. 55 Y. "State" - a state, territory, possession of the United States, or 56 the District of Columbia.S. 7710 4 1 ARTICLE 3 - MEMBER STATE REQUIREMENTS 2 A. To be eligible to join this Compact, and to maintain eligibility as 3 a Member State, a State must: 4 1. License and regulate the Practice of Massage Therapy; 5 2. Have a mechanism or entity in place to receive and investigate 6 complaints from the public, regulatory or law enforcement agencies, or 7 the Commission about Licensees practicing in that State; 8 3. Accept passage of a National Licensing Examination as a criterion 9 for Massage Therapy licensure in that State; 10 4. Require that Licensees satisfy educational requirements prior to 11 being licensed to provide Massage Therapy Services to the public in that 12 State; 13 5. Implement procedures for requiring the Background Check of appli- 14 cants for a Multistate License, and for the reporting of any Disqualify- 15 ing Events, including but not limited to obtaining and submitting, for 16 each Licensee holding a Multistate License and each applicant for a 17 Multistate License, fingerprint or other biometric-based information to 18 the Federal Bureau of Investigation for Background Checks; receiving the 19 results of the Federal Bureau of Investigation record search on Back- 20 ground Checks and considering the results of such a Background Check in 21 making licensure decisions; 22 6. Have Continuing Competence requirements as a condition for license 23 renewal; 24 7. Participate in the Data System, including through the use of unique 25 identifying numbers as described herein; 26 8. Notify the Commission and other Member States, in compliance with 27 the terms of the Compact and Rules of the Commission, of any discipli- 28 nary action taken by the State against a Licensee practicing under a 29 Multistate License in that State, or of the existence of Investigative 30 Information or Current Significant Investigative Information regarding a 31 Licensee practicing in that State pursuant to a Multistate License; 32 9. Comply with the Rules of the Commission; 33 10. Accept Licensees with valid Multistate Licenses from other Member 34 States as established herein; 35 B. Individuals not residing in a Member State shall continue to be 36 able to apply for a Member State's Single-State License as provided 37 under the laws of each Member State. However, the Single-State License 38 granted to those individuals shall not be recognized as granting a 39 Multistate License for Massage Therapy in any other Member State; 40 C. Nothing in this Compact shall affect the requirements established 41 by a Member State for the issuance of a Single-State License; and 42 D. A Multistate License issued to a Licensee shall be recognized by 43 each Remote State as an Authorization to Practice Massage Therapy in 44 each Remote State. 45 ARTICLE 4 - MULTISTATE LICENSE REQUIREMENTS 46 A. To qualify for a Multistate License under this Compact, and to 47 maintain eligibility for such a license, an applicant must: 48 1. Hold an active Single-State License to practice Massage Therapy in 49 the applicant's Home State; 50 2. Have completed at least six hundred and twenty-five (625) clock 51 hours of Massage Therapy education or the substantial equivalent which 52 the Commission may approve by Rule. 53 3. Have passed a National Licensing Examination or the substantial 54 equivalent which the Commission may approve by Rule. 55 4. Submit to a Background Check;S. 7710 5 1 5. Have not been convicted or found guilty, or have entered into an 2 agreed disposition, of a felony offense under applicable State or feder- 3 al criminal law, within five (5) years prior to the date of their appli- 4 cation, where such a time period shall not include any time served for 5 the offense, and provided that the applicant has completed any and all 6 requirements arising as a result of any such offense; 7 6. Have not been convicted or found guilty, or have entered into an 8 agreed disposition, of a misdemeanor offense related to the Practice of 9 Massage Therapy under applicable State or federal criminal law, within 10 two (2) years prior to the date of their application where such a time 11 period shall not include any time served for the offense, and provided 12 that the applicant has completed any and all requirements arising as a 13 result of any such offense; 14 7. Have not been convicted or found guilty, or have entered into an 15 agreed disposition, of any offense, whether a misdemeanor or a felony, 16 under State or federal law, at any time, relating to any of the follow- 17 ing: 18 a. Kidnapping; 19 b. Human trafficking; 20 c. Human smuggling; 21 d. Sexual battery, sexual assault, or any related offenses; or 22 e. Any other category of offense which the Commission may by Rule 23 designate. 24 8. Have not previously held a Massage Therapy license which was 25 revoked by, or surrendered in lieu of discipline to an applicable 26 Licensing Authority; 27 9. Have no history of any Adverse Action on any occupational or 28 professional license within two (2) years prior to the date of their 29 application; and 30 10. Pay all required fees. 31 B. A Multistate License granted pursuant to this Compact may be effec- 32 tive for a definite period of time concurrent with the renewal of the 33 Home State license. 34 C. A Licensee practicing in a Member State is subject to all scope of 35 practice laws governing Massage Therapy Services in that State. 36 D. The Practice of Massage Therapy under a Multistate License granted 37 pursuant to this Compact will subject the Licensee to the jurisdiction 38 of the Licensing Authority, the courts, and the laws of the Member State 39 in which the Massage Therapy Services are provided. 40 ARTICLE 5 - AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION AND 41 MEMBER STATE LICENSING AUTHORITIES 42 A. Nothing in this Compact, nor any Rule of the Commission, shall be 43 construed to limit, restrict, or in any way reduce the ability of a 44 Member State to enact and enforce laws, regulations, or other rules 45 related to the Practice of Massage Therapy in that State, where those 46 laws, regulations, or other rules are not inconsistent with the 47 provisions of this Compact. 48 B. Nothing in this Compact, nor any Rule of the Commission, shall be 49 construed to limit, restrict, or in any way reduce the ability of a 50 Member State to take Adverse Action against a Licensee's Single-State 51 License to practice Massage Therapy in that State. 52 C. Nothing in this Compact, nor any Rule of the Commission, shall be 53 construed to limit, restrict, or in any way reduce the ability of a 54 Remote State to take Adverse Action against a Licensee's Authorization 55 to Practice in that State.S. 7710 6 1 D. Nothing in this Compact, nor any Rule of the Commission, shall be 2 construed to limit, restrict, or in any way reduce the ability of a 3 Licensee's Home State to take Adverse Action against a Licensee's Multi- 4 state License based upon information provided by a Remote State. 5 E. Insofar as practical, a Member State's Licensing Authority shall 6 cooperate with the Commission and with each entity exercising independ- 7 ent regulatory authority over the Practice of Massage Therapy according 8 to the provisions of this Compact. 9 ARTICLE 6 - ADVERSE ACTIONS 10 A. A Licensee's Home State shall have exclusive power to impose an 11 Adverse Action against a Licensee's Multistate License issued by the 12 Home State. 13 B. A Home State may take Adverse Action on a Multistate License based 14 on the Investigative Information, Current Significant Investigative 15 Information, or Adverse Action of a Remote State. 16 C. A Home State shall retain authority to complete any pending inves- 17 tigations of a Licensee practicing under a Multistate License who chang- 18 es their Home State during the course of such an investigation. The 19 Licensing Authority shall also be empowered to report the results of 20 such an investigation to the Commission through the Data System as 21 described herein. 22 D. Any Member State may investigate actual or alleged violations of 23 the scope of practice laws in any other Member State for a massage ther- 24 apist who holds a Multistate License. 25 E. A Remote State shall have the authority to: 26 1. Take Adverse Actions against a Licensee's Authorization to Prac- 27 tice; 28 2. Issue cease and desist orders or impose an Encumbrance on a 29 Licensee's Authorization to Practice in that State. 30 3. Issue subpoenas for both hearings and investigations that require 31 the attendance and testimony of witnesses, as well as the production of 32 evidence. Subpoenas issued by a Licensing Authority in a Member State 33 for the attendance and testimony of witnesses or the production of 34 evidence from another Member State shall be enforced in the latter State 35 by any court of competent jurisdiction, according to the practice and 36 procedure of that court applicable to subpoenas issued in proceedings 37 before it. The issuing Licensing Authority shall pay any witness fees, 38 travel expenses, mileage, and other fees required by the service stat- 39 utes of the State in which the witnesses or evidence are located. 40 4. If otherwise permitted by State law, recover from the affected 41 Licensee the costs of investigations and disposition of cases resulting 42 from any Adverse Action taken against that Licensee. 43 5. Take Adverse Action against the Licensee's Authorization to Prac- 44 tice in that State based on the factual findings of another Member 45 State. 46 F. If an Adverse Action is taken by the Home State against a 47 Licensee's Multistate License or Single-State License to practice in the 48 Home State, the Licensee's Authorization to Practice in all other Member 49 States shall be deactivated until all Encumbrances have been removed 50 from such license. All Home State disciplinary orders that impose an 51 Adverse Action against a Licensee shall include a statement that the 52 Massage Therapist's Authorization to Practice is deactivated in all 53 Member States during the pendency of the order. 54 G. If Adverse Action is taken by a Remote State against a Licensee's 55 Authorization to Practice, that Adverse Action applies to all Authori- 56 zations to Practice in all Remote States. A Licensee whose AuthorizationS. 7710 7 1 to Practice in a Remote State is removed for a specified period of time 2 is not eligible to apply for a new Multistate License in any other State 3 until the specific time for removal of the Authorization to Practice has 4 passed and all encumbrance requirements are satisfied. 5 H. Nothing in this Compact shall override a Member State's authority 6 to accept a Licensee's participation in an Alternative Program in lieu 7 of Adverse Action. A Licensee's Multistate License shall be suspended 8 for the duration of the Licensee's participation in any Alternative 9 Program. 10 I. Joint Investigations 11 1. In addition to the authority granted to a Member State by its 12 respective scope of practice laws or other applicable State law, a 13 Member State may participate with other Member States in joint investi- 14 gations of Licensees. 15 2. Member States shall share any investigative, litigation, or compli- 16 ance materials in furtherance of any joint or individual investigation 17 initiated under the Compact. 18 ARTICLE 7 - ACTIVE MILITARY MEMBER AND THEIR SPOUSES 19 Active Military Member, or their spouses, shall designate a Home State 20 where the individual has a current license to practice Massage Therapy 21 in good standing. The individual may retain their Home State designation 22 during any period of service when that individual or their spouse is on 23 active duty assignment. 24 ARTICLE 8 - ESTABLISHMENT AND OPERATION OF INTERSTATE MASSAGE COMPACT 25 COMMISSION 26 A. The Compact Member States hereby create and establish a joint 27 government agency whose membership consists of all Member States that 28 have enacted the Compact known as the Interstate Massage Compact Commis- 29 sion. The Commission is an instrumentality of the Compact States acting 30 jointly and not an instrumentality of any one State. The Commission 31 shall come into existence on or after the effective date of the Compact 32 as set forth in Article 12. 33 B. Membership, Voting, and Meetings 34 1. Each Member State shall have and be limited to one (1) delegate 35 selected by that Member State's State Licensing Authority. 36 2. The delegate shall be the primary administrative officer of the 37 State Licensing Authority or their designee. 38 3. The Commission shall by Rule or bylaw establish a term of office 39 for delegates and may by Rule or bylaw establish term limits. 40 4. The Commission may recommend removal or suspension of any delegate 41 from office. 42 5. A Member State's State Licensing Authority shall fill any vacancy 43 of its delegate occurring on the Commission within 60 days of the vacan- 44 cy. 45 6. Each delegate shall be entitled to one vote on all matters that are 46 voted on by the Commission. 47 7. The Commission shall meet at least once during each calendar year. 48 Additional meetings may be held as set forth in the bylaws. The Commis- 49 sion may meet by telecommunication, video conference or other similar 50 electronic means. 51 C. The Commission shall have the following powers: 52 1. Establish the fiscal year of the Commission; 53 2. Establish code of conduct and conflict of interest policies; 54 3. Adopt Rules and bylaws; 55 4. Maintain its financial records in accordance with the bylaws;S. 7710 8 1 5. Meet and take such actions as are consistent with the provisions of 2 this Compact, the Commission's Rules, and the bylaws; 3 6. Initiate and conclude legal proceedings or actions in the name of 4 the Commission, provided that the standing of any State Licensing 5 Authority to sue or be sued under applicable law shall not be affected; 6 7. Maintain and certify records and information provided to a Member 7 State as the authenticated business records of the Commission, and 8 designate an agent to do so on the Commission's behalf; 9 8. Purchase and maintain insurance and bonds; 10 9. Borrow, accept, or contract for services of personnel, including, 11 but not limited to, employees of a Member State; 12 10. Conduct an annual financial review; 13 11. Hire employees, elect or appoint officers, fix compensation, 14 define duties, grant such individuals appropriate authority to carry out 15 the purposes of the Compact, and establish the Commission's personnel 16 policies and programs relating to conflicts of interest, qualifications 17 of personnel, and other related personnel matters; 18 12. Assess and collect fees; 19 13. Accept any and all appropriate gifts, donations, grants of money, 20 other sources of revenue, equipment, supplies, materials, and services, 21 and receive, utilize, and dispose of the same; provided that at all 22 times the Commission shall avoid any appearance of impropriety or 23 conflict of interest; 24 14. Lease, purchase, retain, own, hold, improve, or use any property, 25 real, personal, or mixed, or any undivided interest therein; 26 15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or 27 otherwise dispose of any property real, personal, or mixed; 28 16. Establish a budget and make expenditures; 29 17. Borrow money; 30 18. Appoint committees, including standing committees, composed of 31 members, State regulators, State legislators or their representatives, 32 and consumer representatives, and such other interested persons as may 33 be designated in this Compact and the bylaws; 34 19. Accept and transmit complaints from the public, regulatory or law 35 enforcement agencies, or the Commission, to the relevant Member State(s) 36 regarding potential misconduct of Licensees; 37 20. Elect a Chair, Vice Chair, Secretary and Treasurer and such other 38 officers of the Commission as provided in the Commission's bylaws; 39 21. Establish and elect an Executive Committee, including a chair and 40 a vice chair; 41 22. Adopt and provide to the Member States an annual report. 42 23. Determine whether a State's adopted language is materially differ- 43 ent from the model Compact language such that the State would not quali- 44 fy for participation in the Compact; and 45 24. Perform such other functions as may be necessary or appropriate to 46 achieve the purposes of this Compact. 47 D. The Executive Committee 48 1. The Executive Committee shall have the power to act on behalf of 49 the Commission according to the terms of this Compact. The powers, 50 duties, and responsibilities of the Executive Committee shall include: 51 a. Overseeing the day-to-day activities of the administration of the 52 Compact including compliance with the provisions of the Compact, the 53 Commission's Rules and bylaws, and other such duties as deemed neces- 54 sary;S. 7710 9 1 b. Recommending to the Commission changes to the Rules or bylaws, 2 changes to this Compact legislation, fees charged to Compact Member 3 States, fees charged to Licensees, and other fees; 4 c. Ensuring Compact administration services are appropriately 5 provided, including by contract; 6 d. Preparing and recommending the budget; 7 e. Maintaining financial records on behalf of the Commission; 8 f. Monitoring Compact compliance of Member States and providing 9 compliance reports to the Commission; 10 g. Establishing additional committees as necessary; 11 h. Exercise the powers and duties of the Commission during the interim 12 between Commission meetings, except for adopting or amending Rules, 13 adopting or amending bylaws, and exercising any other powers and duties 14 expressly reserved to the Commission by Rule or bylaw; and 15 i. Other duties as provided in the Rules or bylaws of the Commission. 16 2. The Executive Committee shall be composed of seven voting members 17 and up to two ex-officio members as follows: 18 a. The chair and vice chair of the Commission and any other members of 19 the Commission who serve on the Executive Committee shall be voting 20 members of the Executive Committee; and 21 b. Other than the chair, vice-chair, secretary and treasurer, the 22 Commission shall elect three voting members from the current membership 23 of the Commission. 24 c. The Commission may elect ex-officio, nonvoting members as necessary 25 as follows: 26 i. One ex-officio member who is a representative of the national asso- 27 ciation of State Massage Therapy regulatory boards 28 ii. One ex-officio member as specified in the Commission's bylaws. 29 3. The Commission may remove any member of the Executive Committee as 30 provided in the Commission's bylaws. 31 4. The Executive Committee shall meet at least annually. 32 a. Executive Committee meetings shall be open to the public, except 33 that the Executive Committee may meet in a closed, non-public session of 34 a public meeting when dealing with any of the matters covered under 35 subsection F.4. 36 b. The Executive Committee shall give five business days advance 37 notice of its public meetings, posted on its website and as determined 38 to provide notice to persons with an interest in the public matters the 39 Executive Committee intends to address at those meetings. 40 5. The Executive Committee may hold an emergency meeting when acting 41 for the Commission to: 42 a. Meet an imminent threat to public health, safety, or welfare; 43 b. Prevent a loss of Commission or Participating State funds; or 44 c. Protect public health and safety. 45 E. The Commission shall adopt and provide to the Member States an 46 annual report. 47 F. Meetings of the Commission 48 1. All meetings of the Commission that are not closed pursuant to this 49 subsection shall be open to the public. Notice of public meetings shall 50 be posted on the Commission's website at least thirty (30) days prior to 51 the public meeting. 52 2. Notwithstanding subsection F.1 of this Article, the Commission may 53 convene an emergency public meeting by providing at least twenty-four 54 (24) hours prior notice on the Commission's website, and any other means 55 as provided in the Commission's Rules, for any of the reasons it may 56 dispense with notice of proposed rulemaking under Article 10.L. TheS. 7710 10 1 Commission's legal counsel shall certify the that one of the reasons 2 justifying an emergency public meeting has been met. 3 3. Notice of all Commission meetings shall provide the time, date, and 4 location of the meeting, and if the meeting is to be held or accessible 5 via telecommunication, video conference, or other electronic means, the 6 notice shall include the mechanism for access to the meeting. 7 4. The Commission may convene in a closed, non-public meeting for the 8 Commission to discuss: 9 a. Non-compliance of a Member State with its obligations under the 10 Compact; 11 b. The employment, compensation, discipline or other matters, prac- 12 tices or procedures related to specific employees or other matters 13 related to the Commission's internal personnel practices and procedures; 14 c. Current or threatened discipline of a Licensee by the Commission or 15 by a Member State's Licensing Authority; 16 d. Current, threatened, or reasonably anticipated litigation; 17 e. Negotiation of contracts for the purchase, lease, or sale of goods, 18 services, or real estate; 19 f. Accusing any person of a crime or formally censuring any person; 20 g. Trade secrets or commercial or financial information that is privi- 21 leged or confidential; 22 h. Information of a personal nature where disclosure would constitute 23 a clearly unwarranted invasion of personal privacy; 24 i. Investigative records compiled for law enforcement purposes; 25 j. Information related to any investigative reports prepared by or on 26 behalf of or for use of the Commission or other committee charged with 27 responsibility of investigation or determination of compliance issues 28 pursuant to the Compact; 29 k. Legal advice; 30 l. Matters specifically exempted from disclosure to the public by 31 federal or Member State law; or 32 m. Other matters as promulgated by the Commission by Rule. 33 5. If a meeting, or portion of a meeting, is closed, the presiding 34 officer shall state that the meeting will be closed and reference each 35 relevant exempting provision, and such reference shall be recorded in 36 the minutes. 37 6. The Commission shall keep minutes that fully and clearly describe 38 all matters discussed in a meeting and shall provide a full and accurate 39 summary of actions taken, and the reasons therefore, including a 40 description of the views expressed. All documents considered in 41 connection with an action shall be identified in such minutes. All 42 minutes and documents of a closed meeting shall remain under seal, 43 subject to release only by a majority vote of the Commission or order of 44 a court of competent jurisdiction. 45 G. Financing of the Commission 46 1. The Commission shall pay, or provide for the payment of, the 47 reasonable expenses of its establishment, organization, and ongoing 48 activities. 49 2. The Commission may accept any and all appropriate sources of reven- 50 ue, donations, and grants of money, equipment, supplies, materials, and 51 services. 52 3. The Commission may levy on and collect an annual assessment from 53 each Member State and impose fees on Licensees of Member States to whom 54 it grants a Multistate License to cover the cost of the operations and 55 activities of the Commission and its staff, which must be in a total 56 amount sufficient to cover its annual budget as approved each year forS. 7710 11 1 which revenue is not provided by other sources. The aggregate annual 2 assessment amount for Member States shall be allocated based upon a 3 formula that the Commission shall promulgate by Rule. 4 4. The Commission shall not incur obligations of any kind prior to 5 securing the funds adequate to meet the same; nor shall the Commission 6 pledge the credit of any Member States, except by and with the authority 7 of the Member State. 8 5. The Commission shall keep accurate accounts of all receipts and 9 disbursements. The receipts and disbursements of the Commission shall be 10 subject to the financial review and accounting procedures established 11 under its bylaws. All receipts and disbursements of funds handled by the 12 Commission shall be subject to an annual financial review by a certified 13 or licensed public accountant, and the report of the financial review 14 shall be included in and become part of the annual report of the Commis- 15 sion. 16 H. Qualified Immunity, Defense, and Indemnification 17 1. The members, officers, executive director, employees and represen- 18 tatives of the Commission shall be immune from suit and liability, both 19 personally and in their official capacity, for any claim for damage to 20 or loss of property or personal injury or other civil liability caused 21 by or arising out of any actual or alleged act, error, or omission that 22 occurred, or that the person against whom the claim is made had a 23 reasonable basis for believing occurred within the scope of Commission 24 employment, duties or responsibilities; provided that nothing in this 25 paragraph shall be construed to protect any such person from suit or 26 liability for any damage, loss, injury, or liability caused by the 27 intentional or willful or wanton misconduct of that person. The 28 procurement of insurance of any type by the Commission shall not in any 29 way compromise or limit the immunity granted hereunder. 30 2. The Commission shall defend any member, officer, executive direc- 31 tor, employee, and representative of the Commission in any civil action 32 seeking to impose liability arising out of any actual or alleged act, 33 error, or omission that occurred within the scope of Commission employ- 34 ment, duties, or responsibilities, or as determined by the Commission 35 that the person against whom the claim is made had a reasonable basis 36 for believing occurred within the scope of Commission employment, 37 duties, or responsibilities; provided that nothing herein shall be 38 construed to prohibit that person from retaining their own counsel at 39 their own expense; and provided further, that the actual or alleged act, 40 error, or omission did not result from that person's intentional or 41 willful or wanton misconduct. 42 3. The Commission shall indemnify and hold harmless any member, offi- 43 cer, executive director, employee, and representative of the Commission 44 for the amount of any settlement or judgment obtained against that 45 person arising out of any actual or alleged act, error, or omission that 46 occurred within the scope of Commission employment, duties, or responsi- 47 bilities, or that such person had a reasonable basis for believing 48 occurred within the scope of Commission employment, duties, or responsi- 49 bilities, provided that the actual or alleged act, error, or omission 50 did not result from the intentional or willful or wanton misconduct of 51 that person. 52 4. Nothing herein shall be construed as a limitation on the liability 53 of any Licensee for professional malpractice or misconduct, which shall 54 be governed solely by any other applicable State laws. 55 5. Nothing in this Compact shall be interpreted to waive or otherwise 56 abrogate a Member State's State action immunity or State action affirma-S. 7710 12 1 tive defense with respect to antitrust claims under the Sherman Act, 2 Clayton Act, or any other State or federal antitrust or anticompetitive 3 law or regulation. 4 6. Nothing in this Compact shall be construed to be a waiver of sover- 5 eign immunity by the Member States or by the Commission. 6 ARTICLE 9 - DATA SYSTEM 7 A. The Commission shall provide for the development, maintenance, 8 operation, and utilization of a coordinated database and reporting 9 system. 10 B. The Commission shall assign each applicant for a Multistate License 11 a unique identifier, as determined by the Rules of the Commission. 12 C. Notwithstanding any other provision of State law to the contrary, a 13 Member State shall submit a uniform data set to the Data System on all 14 individuals to whom this Compact is applicable as required by the Rules 15 of the Commission, including: 16 1. Identifying information; 17 2. Licensure data; 18 3. Adverse Actions against a license and information related thereto; 19 4. Non-confidential information related to Alternative Program partic- 20 ipation, the beginning and ending dates of such participation, and other 21 information related to such participation; 22 5. Any denial of application for licensure, and the reason(s) for such 23 denial (excluding the reporting of any criminal history record informa- 24 tion where prohibited by law); 25 6. The existence of Investigative Information; 26 7. The existence presence of Current Significant Investigative Infor- 27 mation; and 28 8. Other information that may facilitate the administration of this 29 Compact or the protection of the public, as determined by the Rules of 30 the Commission. 31 D. The records and information provided to a Member State pursuant to 32 this Compact or through the Data System, when certified by the Commis- 33 sion or an agent thereof, shall constitute the authenticated business 34 records of the Commission, and shall be entitled to any associated hear- 35 say exception in any relevant judicial, quasi-judicial or administrative 36 proceedings in a Member State. 37 E. The existence of Current Significant Investigative Information and 38 the existence of Investigative Information pertaining to a Licensee in 39 any Member State will only be available to other Member States. 40 F. It is the responsibility of the Member States to report any Adverse 41 Action against a Licensee who holds a Multistate License and to monitor 42 the database to determine whether Adverse Action has been taken against 43 such a Licensee or License applicant. Adverse Action information 44 pertaining to a Licensee or License applicant in any Member State will 45 be available to any other Member State. 46 G. Member States contributing information to the Data System may 47 designate information that may not be shared with the public without the 48 express permission of the contributing State. 49 H. Any information submitted to the Data System that is subsequently 50 expunged pursuant to federal law or the laws of the Member State 51 contributing the information shall be removed from the Data System. 52 ARTICLE 10 - RULEMAKING 53 A. The Commission shall promulgate reasonable Rules in order to effec- 54 tively and efficiently implement and administer the purposes and 55 provisions of the Compact. A Rule shall be invalid and have no force or 56 effect only if a court of competent jurisdiction holds that the Rule isS. 7710 13 1 invalid because the Commission exercised its rulemaking authority in a 2 manner that is beyond the scope and purposes of the Compact, or the 3 powers granted hereunder, or based upon another applicable standard of 4 review. 5 B. The Rules of the Commission shall have the force of law in each 6 Member State, provided however that where the Rules of the Commission 7 conflict with the laws of the Member State that establish the Member 8 State's scope of practice as held by a court of competent jurisdiction, 9 the Rules of the Commission shall be ineffective in that State to the 10 extent of the conflict. 11 C. The Commission shall exercise its Rulemaking powers pursuant to the 12 criteria set forth in this article and the Rules adopted thereunder. 13 Rules shall become binding as of the date specified by the Commission 14 for each Rule. 15 D. If a majority of the legislatures of the Member States rejects a 16 Rule or portion of a Rule, by enactment of a statute or resolution in 17 the same manner used to adopt the Compact within four (4) years of the 18 date of adoption of the Rule, then such Rule shall have no further force 19 and effect in any Member State or to any State applying to participate 20 in the Compact. 21 E. Rules shall be adopted at a regular or special meeting of the 22 Commission. 23 F. Prior to adoption of a proposed Rule, the Commission shall hold a 24 public hearing and allow persons to provide oral and written comments, 25 data, facts, opinions, and arguments. 26 G. Prior to adoption of a proposed Rule by the Commission, and at 27 least thirty (30) days in advance of the meeting at which the Commission 28 will hold a public hearing on the proposed Rule, the Commission shall 29 provide a Notice of Proposed Rulemaking: 30 1. On the website of the Commission or other publicly accessible plat- 31 form; 32 2. To persons who have requested notice of the Commission's notices of 33 proposed rulemaking, and 34 3. In such other way(s) as the Commission may by Rule specify. 35 H. The Notice of Proposed Rulemaking shall include: 36 1. The time, date, and location of the public hearing at which the 37 Commission will hear public comments on the proposed Rule and, if 38 different, the time, date, and location of the meeting where the Commis- 39 sion will consider and vote on the proposed Rule; 40 2. If the hearing is held via telecommunication, video conference, or 41 other electronic means, the Commission shall include the mechanism for 42 access to the hearing in the Notice of Proposed Rulemaking; 43 3. The text of the proposed Rule and the reason therefor; 44 4. A request for comments on the proposed Rule from any interested 45 person; and 46 5. The manner in which interested persons may submit written comments. 47 I. All hearings will be recorded. A copy of the recording and all 48 written comments and documents received by the Commission in response to 49 the proposed Rule shall be available to the public. 50 J. Nothing in this article shall be construed as requiring a separate 51 hearing on each Rule. Rules may be grouped for the convenience of the 52 Commission at hearings required by this article. 53 K. The Commission shall, by majority vote of all Commissioners, take 54 final action on the proposed Rule based on the Rulemaking record. 55 1. The Commission may adopt changes to the proposed Rule provided the 56 changes do not enlarge the original purpose of the proposed Rule.S. 7710 14 1 2. The Commission shall provide an explanation of the reasons for 2 substantive changes made to the proposed Rule as well as reasons for 3 substantive changes not made that were recommended by commenters. 4 3. The Commission shall determine a reasonable effective date for the 5 Rule. Except for an emergency as provided in subsection L, the effective 6 date of the Rule shall be no sooner than thirty (30) days after the 7 Commission issuing the notice that it adopted or amended the Rule. 8 L. Upon determination that an emergency exists, the Commission may 9 consider and adopt an emergency Rule with 24 hours notice, provided that 10 the usual Rulemaking procedures provided in the Compact and in this 11 article shall be retroactively applied to the Rule as soon as reasonably 12 possible, in no event later than ninety (90) days after the effective 13 date of the Rule. For the purposes of this provision, an emergency Rule 14 is one that must be adopted immediately to: 15 1. Meet an imminent threat to public health, safety, or welfare; 16 2. Prevent a loss of Commission or Member State funds; 17 3. Meet a deadline for the promulgation of a Rule that is established 18 by federal law or rule; or 19 4. Protect public health and safety. 20 M. The Commission or an authorized committee of the Commission may 21 direct revisions to a previously adopted Rule for purposes of correcting 22 typographical errors, errors in format, errors in consistency, or gram- 23 matical errors. Public notice of any revisions shall be posted on the 24 website of the Commission. The revision shall be subject to challenge by 25 any person for a period of thirty (30) days after posting. The revision 26 may be challenged only on grounds that the revision results in a materi- 27 al change to a Rule. A challenge shall be made in writing and delivered 28 to the Commission prior to the end of the notice period. If no challenge 29 is made, the revision will take effect without further action. If the 30 revision is challenged, the revision may not take effect without the 31 approval of the Commission. 32 N. No Member State's rulemaking requirements shall apply under this 33 Compact. 34 ARTICLE 11 - OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 35 A. Oversight 36 1. The executive and judicial branches of State government in each 37 Member State shall enforce this Compact and take all actions necessary 38 and appropriate to implement the Compact. 39 2. Venue is proper and judicial proceedings by or against the Commis- 40 sion shall be brought solely and exclusively in a court of competent 41 jurisdiction where the principal office of the Commission is located. 42 The Commission may waive venue and jurisdictional defenses to the extent 43 it adopts or consents to participate in alternative dispute resolution 44 proceedings. Nothing herein shall affect or limit the selection or 45 propriety of venue in any action against a Licensee for professional 46 malpractice, misconduct or any such similar matter. 47 3. The Commission shall be entitled to receive service of process in 48 any proceeding regarding the enforcement or interpretation of the 49 Compact and shall have standing to intervene in such a proceeding for 50 all purposes. Failure to provide the Commission service of process shall 51 render a judgment or order void as to the Commission, this Compact, or 52 promulgated Rules. 53 B. Default, Technical Assistance, and Termination 54 1. If the Commission determines that a Member State has defaulted in 55 the performance of its obligations or responsibilities under this 56 Compact or the promulgated Rules, the Commission shall provide writtenS. 7710 15 1 notice to the defaulting State. The notice of default shall describe the 2 default, the proposed means of curing the default, and any other action 3 that the Commission may take, and shall offer training and specific 4 technical assistance regarding the default. 5 2. The Commission shall provide a copy of the notice of default to the 6 other Member States. 7 C. If a State in default fails to cure the default, the defaulting 8 State may be terminated from the Compact upon an affirmative vote of a 9 majority of the delegates of the Member States, and all rights, privi- 10 leges and benefits conferred on that State by this Compact may be termi- 11 nated on the effective date of termination. A cure of the default does 12 not relieve the offending State of obligations or liabilities incurred 13 during the period of default. 14 D. Termination of membership in the Compact shall be imposed only 15 after all other means of securing compliance have been exhausted. Notice 16 of intent to suspend or terminate shall be given by the Commission to 17 the governor, the majority and minority leaders of the defaulting 18 State's legislature, the defaulting State's State Licensing Authority 19 and each of the Member States' State Licensing Authority. 20 E. A State that has been terminated is responsible for all assess- 21 ments, obligations, and liabilities incurred through the effective date 22 of termination, including obligations that extend beyond the effective 23 date of termination. 24 F. Upon the termination of a State's membership from this Compact, 25 that State shall immediately provide notice to all Licensees who hold a 26 Multistate License within that State of such termination. The terminated 27 State shall continue to recognize all licenses granted pursuant to this 28 Compact for a minimum of one hundred eighty (180) days after the date of 29 said notice of termination. 30 G. The Commission shall not bear any costs related to a State that is 31 found to be in default or that has been terminated from the Compact, 32 unless agreed upon in writing between the Commission and the defaulting 33 State. 34 H. The defaulting State may appeal the action of the Commission by 35 petitioning the U.S. District Court for the District of Columbia or the 36 federal district where the Commission has its principal offices. The 37 prevailing party shall be awarded all costs of such litigation, includ- 38 ing reasonable attorney's fees. 39 I. Dispute Resolution 40 1. Upon request by a Member State, the Commission shall attempt to 41 resolve disputes related to the Compact that arise among Member States 42 and between Member and non-Member States. 43 2. The Commission shall promulgate a Rule providing for both mediation 44 and binding dispute resolution for disputes as appropriate. 45 J. Enforcement 46 1. The Commission, in the reasonable exercise of its discretion, shall 47 enforce the provisions of this Compact and the Commission's Rules. 48 2. By majority vote as provided by Commission Rule, the Commission may 49 initiate legal action against a Member State in default in the United 50 States District Court for the District of Columbia or the federal 51 district where the Commission has its principal offices to enforce 52 compliance with the provisions of the Compact and its promulgated Rules. 53 The relief sought may include both injunctive relief and damages. In the 54 event judicial enforcement is necessary, the prevailing party shall be 55 awarded all costs of such litigation, including reasonable attorney's 56 fees. The remedies herein shall not be the exclusive remedies of theS. 7710 16 1 Commission. The Commission may pursue any other remedies available under 2 federal or the defaulting Member State's law. 3 3. A Member State may initiate legal action against the Commission in 4 the U.S. District Court for the District of Columbia or the federal 5 district where the Commission has its principal offices to enforce 6 compliance with the provisions of the Compact and its promulgated Rules. 7 The relief sought may include both injunctive relief and damages. In the 8 event judicial enforcement is necessary, the prevailing party shall be 9 awarded all costs of such litigation, including reasonable attorney's 10 fees. 11 4. No individual or entity other than a Member State may enforce this 12 Compact against the Commission. 13 ARTICLE 12 - EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 14 A. The Compact shall come into effect on the date on which the Compact 15 statute is enacted into law in the seventh Member State. 16 1. On or after the effective date of the Compact, the Commission shall 17 convene and review the enactment of each of the Charter Member States to 18 determine if the statute enacted by each such Charter Member State is 19 materially different than the model Compact statute. 20 a. A Charter Member State whose enactment is found to be materially 21 different from the model Compact statute shall be entitled to the 22 default process set forth in Article 11. 23 b. If any Member State is later found to be in default, or is termi- 24 nated or withdraws from the Compact, the Commission shall remain in 25 existence and the Compact shall remain in effect even if the number of 26 Member States should be less than seven (7). 27 2. Member States enacting the Compact subsequent to the Charter Member 28 States shall be subject to the process set forth in Article 8.C.23 to 29 determine if their enactments are materially different from the model 30 Compact statute and whether they qualify for participation in the 31 Compact. 32 3. All actions taken for the benefit of the Commission or in further- 33 ance of the purposes of the administration of the Compact prior to the 34 effective date of the Compact or the Commission coming into existence 35 shall be considered to be actions of the Commission unless specifically 36 repudiated by the Commission. 37 4. Any State that joins the Compact shall be subject to the Commis- 38 sion's Rules and bylaws as they exist on the date on which the Compact 39 becomes law in that State. Any Rule that has been previously adopted by 40 the Commission shall have the full force and effect of law on the day 41 the Compact becomes law in that State. 42 B. Any Member State may withdraw from this Compact by enacting a stat- 43 ute repealing that State's enactment of the Compact. 44 1. A Member State's withdrawal shall not take effect until one hundred 45 eighty (180) days after enactment of the repealing statute. 46 2. Withdrawal shall not affect the continuing requirement of the with- 47 drawing State's Licensing Authority to comply with the investigative and 48 Adverse Action reporting requirements of this Compact prior to the 49 effective date of withdrawal. 50 3. Upon the enactment of a statute withdrawing from this Compact, a 51 State shall immediately provide notice of such withdrawal to all Licen- 52 sees within that State. Notwithstanding any subsequent statutory enact- 53 ment to the contrary, such withdrawing State shall continue to recognize 54 all licenses granted pursuant to this Compact for a minimum of 180 days 55 after the date of such notice of withdrawal.S. 7710 17 1 C. Nothing contained in this Compact shall be construed to invalidate 2 or prevent any licensure agreement or other cooperative arrangement 3 between a Member State and a non-Member State that does not conflict 4 with the provisions of this Compact. 5 D. This Compact may be amended by the Member States. No amendment to 6 this Compact shall become effective and binding upon any Member State 7 until it is enacted into the laws of all Member States. 8 ARTICLE 13.- CONSTRUCTION AND SEVERABILITY 9 A. This Compact and the Commission's rulemaking authority shall be 10 liberally construed so as to effectuate the purposes, and the implemen- 11 tation and administration of the Compact. Provisions of the Compact 12 expressly authorizing or requiring the promulgation of Rules shall not 13 be construed to limit the Commission's rulemaking authority solely for 14 those purposes. 15 B. The provisions of this Compact shall be severable and if any 16 phrase, clause, sentence or provision of this Compact is held by a court 17 of competent jurisdiction to be contrary to the constitution of any 18 Member State, a State seeking participation in the Compact, or of the 19 United States, or the applicability thereof to any government, agency, 20 person or circumstance is held to be unconstitutional by a court of 21 competent jurisdiction, the validity of the remainder of this Compact 22 and the applicability thereof to any other government, agency, person or 23 circumstance shall not be affected thereby. 24 C. Notwithstanding subsection B of this article, the Commission may 25 deny a State's participation in the Compact or, in accordance with the 26 requirements of Article 11.B, terminate a Member State's participation 27 in the Compact, if it determines that a constitutional requirement of a 28 Member State is a material departure from the Compact. Otherwise, if 29 this Compact shall be held to be contrary to the constitution of any 30 Member State, the Compact shall remain in full force and effect as to 31 the remaining Member States and in full force and effect as to the 32 Member State affected as to all severable matters. 33 ARTICLE 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 34 Nothing herein shall prevent or inhibit the enforcement of any other 35 law of a Member State that is not inconsistent with the Compact. Any 36 laws, statutes, regulations, or other legal requirements in a Member 37 State in conflict with the Compact are superseded to the extent of the 38 conflict. All permissible agreements between the Commission and the 39 Member States are binding in accordance with their terms. 40 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 41 sion, section or part of this act shall be adjudged by any court of 42 competent jurisdiction to be invalid, such judgment shall not affect, 43 impair, or invalidate the remainder thereof, but shall be confined in 44 its operation to the clause, sentence, paragraph, subdivision, section 45 or part thereof directly involved in the controversy in which such judg- 46 ment shall have been rendered. It is hereby declared to be the intent of 47 the legislature that this act would have been enacted even if such 48 invalid provisions had not been included herein. 49 § 3. This act shall take effect immediately; provided, however, that 50 section one of this act shall take effect as specifically set forth in 51 such section.
