1.1 	A bill for an act
1.2 	relating to health occupations; creating a dentist and dental hygienist compact;
1.3 	proposing coding for new law in Minnesota Statutes, chapter 150A.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. [150A.051] DENTIST AND DENTAL HYGIENIST COMPACT.
1.6 	The dentist and dental hygienist compact is enacted into law and entered into with all 
1.7 	other jurisdictions legally joining in the compact in the form substantially specified in this 
1.8 	section.
1.9 	ARTICLE 1. TITLE AND PURPOSE
1.10 	This statute shall be known and cited as the dentist and dental hygienist compact. The 
1.11 	purposes of this compact are to facilitate the interstate practice of dentistry and dental 
1.12 	hygiene and improve public access to dentistry and dental hygiene services by providing 
1.13 	dentists and dental hygienists licensed in a participating state the ability to practice in 
1.14 	participating states in which they are not licensed. The compact does this by establishing a 
1.15 	pathway for a dentists and dental hygienists licensed in a participating state to obtain a 
1.16 	compact privilege that authorizes them to practice in another participating state in which 
1.17 	they are not licensed. The compact enables participating states to protect the public health 
1.18 	and safety with respect to the practice of such dentists and dental hygienists, through the 
1.19 	state's authority to regulate the practice of dentistry and dental hygiene in the state. The 
1.20 	compact:
2.1 	(A) enables dentists and dental hygienists who qualify for a compact privilege to practice 
2.2 	in other participating states without satisfying burdensome and duplicative requirements 
2.3 	associated with securing a license to practice in those states;
2.4 	(B) promotes mobility and addresses workforce shortages through each participating 
2.5 	state's acceptance of a compact privilege to practice in that state;
2.6 	(C) increases public access to qualified, licensed dentists and dental hygienists by creating 
2.7 	a responsible, streamlined pathway for licensees to practice in participating states;
2.8 	(D) enhances the ability of participating states to protect the public's health and safety;
2.9 	(E) does not interfere with licensure requirements established by a participating state;
2.10 	(F) facilitates the sharing of licensure and disciplinary information among participating 
2.11 	states;
2.12 	(G) requires dentists and dental hygienists who practice in a participating state pursuant 
2.13 	to a compact privilege to practice within the scope of practice authorized in that state;
2.14 	(H) extends the authority of a participating state to regulate the practice of dentistry and 
2.15 	dental hygiene within its borders to dentists and dental hygienists who practice in the state 
2.16 	through a compact privilege;
2.17 	(I) promotes the cooperation of participating states in regulating the practice of dentistry 
2.18 	and dental hygiene within those states; and
2.19 	(J) facilitates the relocation of military members and their spouses who are licensed to 
2.20 	practice dentistry or dental hygiene.
2.21 	ARTICLE 2. DEFINITIONS
2.22 	As used in this compact, unless the context requires otherwise, the following definitions 
2.23 	shall apply:
2.24 	(A) "Active military member" means any person with full-time duty status in the armed 
2.25 	forces of the United States including members of the National Guard and Reserve.
2.26 	(B) "Adverse action" means disciplinary action or encumbrance imposed on a license 
2.27 	or compact privilege by a state licensing authority.
2.28 	(C) "Alternative program" means a nondisciplinary monitoring or practice remediation 
2.29 	process applicable to a dentist or dental hygienist approved by a state licensing authority 
2.30 	of a participating state in which the dentist or dental hygienist is licensed. This includes but 
3.1 	is not limited to programs to which licensees with substance abuse or addiction issues are 
3.2 	referred in lieu of adverse action.
3.3 	(D) "Clinical assessment" means examination or process, required for licensure as a 
3.4 	dentist or dental hygienist as applicable, that provides evidence of clinical competence in 
3.5 	dentistry or dental hygiene.
3.6 	(E) "Commissioner" means the individual appointed by a participating state to serve as 
3.7 	the member of the commission for that participating state.
3.8 	(F) "Compact" means this dentist and dental hygienist compact.
3.9 	(G) "Compact privilege" means the authorization granted by a remote state to allow a 
3.10 	licensee from a participating state to practice as a dentist or dental hygienist in a remote 
3.11 	state.
3.12 	(H) "Continuing professional development" means a requirement as a condition of license 
3.13 	renewal to provide evidence of successful participation in educational or professional 
3.14 	activities relevant to practice or area of work.
3.15 	(I) "Criminal background check" means the submission of fingerprints or other 
3.16 	biometric-based information for a license applicant for the purpose of obtaining that 
3.17 	applicant's criminal history record information, as defined in Code of Federal Regulations, 
3.18 	title 28, section 20.3(d), from the Federal Bureau of Investigation and the state's criminal 
3.19 	history record repository as defined in Code of Federal Regulations, title 28, section 20.3(f).
3.20 	(J) "Data system" means the commission's repository of information about licensees, 
3.21 	including but not limited to examination, licensure, investigative, compact privilege, adverse 
3.22 	action, and alternative program.
3.23 	(K) "Dental hygienist" means an individual who is licensed by a state licensing authority 
3.24 	to practice dental hygiene.
3.25 	(L) "Dentist" means an individual who is licensed by a state licensing authority to practice 
3.26 	dentistry.
3.27 	(M) "Dentist and dental hygienist compact commission" or "commission" means a joint 
3.28 	government agency established by this compact comprised of each state that has enacted 
3.29 	the compact and a national administrative body comprised of a commissioner from each 
3.30 	state that has enacted the compact.
3.31 	(N) "Encumbered license" means a license that a state licensing authority has limited in 
3.32 	any way other than through an alternative program.
4.1 	(O) "Executive board" means the chair, vice chair, secretary, and treasurer and any other 
4.2 	commissioners as may be determined by commission rule or bylaw.
4.3 	(P) "Jurisprudence requirement" means the assessment of an individual's knowledge of 
4.4 	the laws and rules governing the practice of dentistry or dental hygiene, as applicable, in a 
4.5 	state.
4.6 	(Q) "License" means current authorization by a state, other than authorization pursuant 
4.7 	to a compact privilege, or other privilege, for an individual to practice as a dentist or dental 
4.8 	hygienist in that state.
4.9 	(R) "Licensee" means an individual who holds an unrestricted license from a participating 
4.10 	state to practice as a dentist or dental hygienist in that state.
4.11 	(S) "Model compact" means the model for the dentist and dental hygienist compact on 
4.12 	file with the council of state governments or other entity as designated by the commission.
4.13 	(T) "Participating state" means a state that has enacted the compact and been admitted 
4.14 	to the commission in accordance with the provisions herein and commission rules.
4.15 	(U) "Qualifying license" means a license that is not an encumbered license issued by a 
4.16 	participating state to practice dentistry or dental hygiene.
4.17 	(V) "Remote state" means a participating state where a licensee who is not licensed as 
4.18 	a dentist or dental hygienist is exercising or seeking to exercise the compact privilege.
4.19 	(W) "Rule" means a regulation promulgated by an entity that has the force of law.
4.20 	(X) "Scope of practice" means the procedures, actions, and processes a dentist or dental 
4.21 	hygienist licensed in a state is permitted to undertake in that state and the circumstances 
4.22 	under which the licensee is permitted to undertake those procedures, actions, and processes. 
4.23 	Such procedures, actions, and processes and the circumstances under which they may be 
4.24 	undertaken may be established through means, including but not limited to statute, 
4.25 	regulations, case law, and other processes available to the state licensing authority or other 
4.26 	government agency.
4.27 	(Y) "Significant investigative information" means information, records, and documents 
4.28 	received or generated by a state licensing authority pursuant to an investigation for which 
4.29 	a determination has been made that there is probable cause to believe that the licensee has 
4.30 	violated a statute or regulation that is considered more than a minor infraction for which 
4.31 	the state licensing authority could pursue adverse action against the licensee.
5.1 	(Z) "State" means any state, commonwealth, district, or territory of the United States of 
5.2 	America that regulates the practices of dentistry and dental hygiene.
5.3 	(AA) "State licensing authority" means an agency or other entity of a state that is 
5.4 	responsible for the licensing and regulation of dentists or dental hygienists.
5.5 	ARTICLE 3. STATE PARTICIPATION IN THE COMPACT
5.6 	(A) In order to join the compact and thereafter continue as a participating state, a state 
5.7 	must:
5.8 	(1) enact a compact that is not materially different from the model compact as determined 
5.9 	in accordance with commission rules;
5.10 	(2) participate fully in the commission's data system;
5.11 	(3) have a mechanism in place for receiving and investigating complaints about its 
5.12 	licensees and license applicants;
5.13 	(4) notify the commission, in compliance with the terms of the compact and commission 
5.14 	rules, of any adverse action or the availability of significant investigative information 
5.15 	regarding a licensee and license applicant;
5.16 	(5) fully implement a criminal background check requirement, within a time frame 
5.17 	established by commission rule, by receiving the results of a qualifying criminal background 
5.18 	check;
5.19 	(6) comply with the commission rules applicable to a participating state;
5.20 	(7) accept the national board examinations of the joint commission on national dental 
5.21 	examinations or another examination accepted by commission rule as a licensure 
5.22 	examination;
5.23 	(8) accept for licensure that applicants for a dentist license graduate from a predoctoral 
5.24 	dental education program accredited by the Commission on Dental Accreditation, or another 
5.25 	accrediting agency recognized by the United States Department of Education for the 
5.26 	accreditation of dentistry and dental hygiene education programs, leading to the Doctor of 
5.27 	Dental Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree;
5.28 	(9) accept for licensure that applicants for a dental hygienist license graduate from a 
5.29 	dental hygiene education program accredited by the Commission on Dental Accreditation 
5.30 	or another accrediting agency recognized by the United States Department of Education for 
5.31 	the accreditation of dentistry and dental hygiene education programs;
5.32 	(10) require for licensure that applicants successfully complete a clinical assessment;
6.1 	(11) have continuing professional development requirements as a condition for license 
6.2 	renewal; and
6.3 	(12) pay a participation fee to the commission as established by commission rule.
6.4 	(B) Providing alternative pathways for an individual to obtain an unrestricted license 
6.5 	does not disqualify a state from participating in the compact.
6.6 	(C) When conducting a criminal background check, the state licensing authority shall:
6.7 	(1) consider that information in making a licensure decision;
6.8 	(2) maintain documentation of completion of the criminal background check and 
6.9 	background check information to the extent allowed by state and federal law; and
6.10 	(3) report to the commission whether it has completed the criminal background check 
6.11 	and whether the individual was granted or denied a license.
6.12 	(D) A licensee of a participating state who has a qualifying license in that state and does 
6.13 	not hold an encumbered license in any other participating state, shall be issued a compact 
6.14 	privilege in a remote state in accordance with the terms of the compact and commission 
6.15 	rules. If a remote state has a jurisprudence requirement a compact privilege will not be 
6.16 	issued to the licensee unless the licensee has satisfied the jurisprudence requirement.
6.17 	ARTICLE 4. COMPACT PRIVILEGE
6.18 	(A) To obtain and exercise the compact privilege under the terms and provisions of the 
6.19 	compact, the licensee shall:
6.20 	(1) have a qualifying license as a dentist or dental hygienist in a participating state;
6.21 	(2) be eligible for a compact privilege in any remote state in accordance with (D), (G), 
6.22 	and (H) of this article;
6.23 	(3) submit to an application process whenever the licensee is seeking a compact privilege;
6.24 	(4) pay any applicable commission and remote state fees for a compact privilege in the 
6.25 	remote state;
6.26 	(5) meet any jurisprudence requirement established by a remote state in which the licensee 
6.27 	is seeking a compact privilege;
6.28 	(6) have passed a National Board Examination of the Joint Commission on National 
6.29 	Dental Examinations or another examination accepted by commission rule;
6.30 	(7) for a dentist, have graduated from a predoctoral dental education program accredited 
6.31 	by the Commission on Dental Accreditation, or another accrediting agency recognized by 
7.1 	the United States Department of Education for the accreditation of dentistry and dental 
7.2 	hygiene education programs, leading to the Doctor of Dental Surgery (D.D.S.) or Doctor 
7.3 	of Dental Medicine (D.M.D.) degree;
7.4 	(8) for a dental hygienist, have graduated from a dental hygiene education program 
7.5 	accredited by the Commission on Dental Accreditation or another accrediting agency 
7.6 	recognized by the United States Department of Education for the accreditation of dentistry 
7.7 	and dental hygiene education programs;
7.8 	(9) have successfully completed a clinical assessment for licensure;
7.9 	(10) report to the commission adverse action taken by any nonparticipating state when 
7.10 	applying for a compact privilege and, otherwise, within 30 days from the date the adverse 
7.11 	action is taken;
7.12 	(11) report to the commission when applying for a compact privilege the address of the 
7.13 	licensee's primary residence and thereafter immediately report to the commission any change 
7.14 	in the address of the licensee's primary residence; and
7.15 	(12) consent to accept service of process by mail at the licensee's primary residence on 
7.16 	record with the commission with respect to any action brought against the licensee by the 
7.17 	commission or a participating state, and consent to accept service of a subpoena by mail at 
7.18 	the licensee's primary residence on record with the commission with respect to any action 
7.19 	brought or investigation conducted by the commission or a participating state.
7.20 	(B) The licensee must comply with the requirements of (A) of this article to maintain 
7.21 	the compact privilege in the remote state. If those requirements are met, the compact privilege 
7.22 	will continue as long as the licensee maintains a qualifying license in the state through which 
7.23 	the licensee applied for the compact privilege and pays any applicable compact privilege 
7.24 	renewal fees.
7.25 	(C) A licensee providing dentistry or dental hygiene in a remote state under the compact 
7.26 	privilege shall function within the scope of practice authorized by the remote state for a 
7.27 	dentist or dental hygienist licensed in that state.
7.28 	(D) A licensee providing dentistry or dental hygiene pursuant to a compact privilege in 
7.29 	a remote state is subject to that state's regulatory authority. A remote state may, in accordance 
7.30 	with due process and that state's laws, by adverse action revoke or remove a licensee's 
7.31 	compact privilege in the remote state for a specific period of time and impose fines or take 
7.32 	any other necessary actions to protect the health and safety of its citizens. If a remote state 
7.33 	imposes an adverse action against a compact privilege that limits the compact privilege, 
8.1 	that adverse action applies to all compact privileges in all remote states. A licensee whose 
8.2 	compact privilege in a remote state is removed for a specified period of time is not eligible 
8.3 	for a compact privilege in any other remote state until the specific time for removal of the 
8.4 	compact privilege has passed and all encumbrance requirements are satisfied.
8.5 	(E) If a license in a participating state is an encumbered license, the licensee shall lose 
8.6 	the compact privilege in a remote state and shall not be eligible for a compact privilege in 
8.7 	any remote state until the license is no longer encumbered.
8.8 	(F) Once an encumbered license in a participating state is restored to good standing, the 
8.9 	licensee must meet the requirements of (A) of this article to obtain a compact privilege in 
8.10 	a remote state.
8.11 	(G) If a licensee's compact privilege in a remote state is removed by the remote state, 
8.12 	the individual shall lose or be ineligible for the compact privilege in any remote state until 
8.13 	the following occur:
8.14 	(1) the specific period of time for which the compact privilege was removed has ended; 
8.15 	and
8.16 	(2) all conditions for removal of the compact privilege have been satisfied.
8.17 	(H) Once the requirements of (G) of this article have been met, the licensee must meet 
8.18 	the requirements in (A) of this article to obtain a compact privilege in a remote state.
8.19 	ARTICLE 5. ACTIVE MILITARY MEMBER OR THEIR SPOUSES
8.20 	An active military member and their spouse shall not be required to pay to the commission 
8.21 	for a compact privilege the fee otherwise charged by the commission. If a remote state 
8.22 	chooses to charge a fee for a compact privilege, it may choose to charge a reduced fee or 
8.23 	no fee to an active military member and their spouse for a compact privilege.
8.24 	ARTICLE 6. ADVERSE ACTIONS
8.25 	(A) A participating state in which a licensee is licensed shall have exclusive authority 
8.26 	to impose adverse action against the qualifying license issued by that participating state.
8.27 	(B) A participating state may take adverse action based on the significant investigative 
8.28 	information of a remote state, so long as the participating state follows its own procedures 
8.29 	for imposing adverse action.
8.30 	(C) Nothing in this compact shall override a participating state's decision that participation 
8.31 	in an alternative program may be used in lieu of adverse action and that such participation 
8.32 	shall remain nonpublic if required by the participating state's laws. Participating states must 
9.1 	require licensees who enter any alternative program in lieu of discipline to agree not to 
9.2 	practice pursuant to a compact privilege in any other participating state during the term of 
9.3 	the alternative program without prior authorization from such other participating state.
9.4 	(D) Any participating state in which a licensee is applying to practice or is practicing 
9.5 	pursuant to a compact privilege may investigate actual or alleged violations of the statutes 
9.6 	and regulations authorizing the practice of dentistry or dental hygiene in any other 
9.7 	participating state in which the dentist or dental hygienist holds a license or compact 
9.8 	privilege.
9.9 	(E) A remote state shall have the authority to:
9.10 	(1) take adverse actions as set forth in Article 4(D) against a licensee's compact privilege 
9.11 	in the state;
9.12 	(2) in furtherance of its rights and responsibilities under the compact and the commission's 
9.13 	rules issue subpoenas for both hearings and investigations that require the attendance and 
9.14 	testimony of witnesses, and the production of evidence. Subpoenas issued by a state licensing 
9.15 	authority in a participating state for the attendance and testimony of witnesses, or the 
9.16 	production of evidence from another participating state, shall be enforced in the latter state 
9.17 	by any court of competent jurisdiction, according to the practice and procedure of that court 
9.18 	applicable to subpoenas issued in proceedings pending before it. The issuing authority shall 
9.19 	pay any witness fees, travel expenses, mileage, and other fees required by the service statutes 
9.20 	of the state where the witnesses or evidence are located; and
9.21 	(3) if otherwise permitted by state law, recover from the licensee the costs of 
9.22 	investigations and disposition of cases resulting from any adverse action taken against that 
9.23 	licensee.
9.24 	(F) Joint Investigations:
9.25 	(1) In addition to the authority granted to a participating state by its dentist or dental 
9.26 	hygienist licensure act or other applicable state law, a participating state may jointly 
9.27 	investigate licensees with other participating states.
9.28 	(2) Participating states shall share any significant investigative information, litigation, 
9.29 	or compliance materials in furtherance of any joint or individual investigation initiated under 
9.30 	the compact.
9.31 	(G) Authority to Continue Investigation:
10.1 	(1) After a licensee's compact privilege in a remote state is terminated, the remote state 
10.2 	may continue an investigation of the licensee that began when the licensee had a compact 
10.3 	privilege in that remote state.
10.4 	(2) If the investigation yields what would be significant investigative information had 
10.5 	the licensee continued to have a compact privilege in that remote state, the remote state 
10.6 	shall report the presence of such information to the data system as required by Article 8(B)(6) 
10.7 	as if it was significant investigative information.
10.8 	ARTICLE 7. ESTABLISHMENT AND OPERATION OF THE COMMISSION
10.9 	(A) The compact participating states hereby create and establish a joint government 
10.10 	agency whose membership consists of all participating states that have enacted the compact. 
10.11 	The commission is an instrumentality of the participating states acting jointly and not an 
10.12 	instrumentality of any one state. The commission shall come into existence on or after the 
10.13 	effective date of the compact as set forth in Article 11(A).
10.14 	(B) Participation, Voting, and Meetings:
10.15 	(1) Each participating state shall have and be limited to one commissioner selected by 
10.16 	that participating state's state licensing authority or, if the state has more than one state 
10.17 	licensing authority, selected collectively by the state licensing authorities.
10.18 	(2) The commissioner shall be a member or designee of such authority or authorities.
10.19 	(3) The commission may by rule or bylaw establish a term of office for commissioners 
10.20 	and may by rule or bylaw establish term limits.
10.21 	(4) The commission may recommend to a state licensing authority or authorities, as 
10.22 	applicable, removal or suspension of an individual as the state's commissioner.
10.23 	(5) A participating state's state licensing authority or authorities, as applicable, shall fill 
10.24 	any vacancy of its commissioner on the commission within 60 days of the vacancy.
10.25 	(6) Each commissioner shall be entitled to one vote on all matters that are voted upon 
10.26 	by the commission.
10.27 	(7) The commission shall meet at least once during each calendar year. Additional 
10.28 	meetings may be held as set forth in the bylaws. The commission may meet by 
10.29 	telecommunication, video conference, or other similar electronic means.
10.30 	(C) The commission shall have the following powers:
10.31 	(1) establish the fiscal year of the commission;
11.1 	(2) establish a code of conduct and conflict of interest policies;
11.2 	(3) adopt rules and bylaws;
11.3 	(4) maintain its financial records in accordance with the bylaws;
11.4 	(5) meet and take such actions as are consistent with the provisions of this compact, the 
11.5 	commission's rules, and the bylaws;
11.6 	(6) initiate and conclude legal proceedings or actions in the name of the commission, 
11.7 	provided that the standing of any state licensing authority to sue or be sued under applicable 
11.8 	law shall not be affected;
11.9 	(7) maintain and certify records and information provided to a participating state as the 
11.10 	authenticated business records of the commission, and designate a person to do so on the 
11.11 	commission's behalf;
11.12 	(8) purchase and maintain insurance and bonds;
11.13 	(9) borrow, accept, or contract for services of personnel, including but not limited to 
11.14 	employees of a participating state;
11.15 	(10) conduct an annual financial review;
11.16 	(11) hire employees, elect or appoint officers, fix compensation, define duties, grant 
11.17 	such individuals appropriate authority to carry out the purposes of the compact, and establish 
11.18 	the commission's personnel policies and programs relating to conflicts of interest, 
11.19 	qualifications of personnel, and other related personnel matters;
11.20 	(12) as set forth in the commission rules, charge a fee to a licensee for the grant of a 
11.21 	compact privilege in a remote state and thereafter, as may be established by commission 
11.22 	rule, charge the licensee a compact privilege renewal fee for each renewal period in which 
11.23 	that licensee exercises or intends to exercise the compact privilege in that remote state. 
11.24 	Nothing herein shall be construed to prevent a remote state from charging a licensee a fee 
11.25 	for a compact privilege or renewals of a compact privilege, or a fee for the jurisprudence 
11.26 	requirement if the remote state imposes such a requirement for the grant of a compact 
11.27 	privilege;
11.28 	(13) accept any and all appropriate gifts, donations, grants of money, other sources of 
11.29 	revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of 
11.30 	the same; provided that at all times the commission shall avoid any appearance of impropriety 
11.31 	and conflict of interest;
12.1 	(14) lease, purchase, retain, own, hold, improve, or use any property real, personal, or 
12.2 	mixed, or any undivided interest therein;
12.3 	(15) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of 
12.4 	any property real, personal, or mixed;
12.5 	(16) establish a budget and make expenditures;
12.6 	(17) borrow money;
12.7 	(18) appoint committees, including standing committees, which may be composed of 
12.8 	members, state regulators, state legislators or their representatives, and consumer 
12.9 	representatives, and such other interested persons as may be designated in this compact and 
12.10 	the bylaws;
12.11 	(19) provide and receive information from, and cooperate with, law enforcement agencies;
12.12 	(20) elect a chair, vice chair, secretary, and treasurer and such other officers of the 
12.13 	commission as provided in the commission's bylaws;
12.14 	(21) establish and elect an executive board;
12.15 	(22) adopt and provide to the participating states an annual report;
12.16 	(23) determine whether a state's enacted compact is materially different from the model 
12.17 	compact language such that the state would not qualify for participation in the compact; 
12.18 	and
12.19 	(24) perform such other functions as may be necessary or appropriate to achieve the 
12.20 	purposes of this compact.
12.21 	(D) Meetings of the Commission:
12.22 	(1) All meetings of the commission that are not closed pursuant to D(4) of this article 
12.23 	shall be open to the public. Notice of public meetings shall be posted on the commission's 
12.24 	website at least 30 days prior to the public meeting.
12.25 	(2) Notwithstanding (D)(1) of this article, the commission may convene an emergency 
12.26 	public meeting by providing at least 24 hours prior notice on the commission's website, and 
12.27 	any other means as provided in the commission's rules, for any of the reasons it may dispense 
12.28 	with notice of proposed rulemaking under Article 9(L). The commission's legal counsel 
12.29 	shall certify that one of the reasons justifying an emergency public meeting has been met.
12.30 	(3) Notice of all commission meetings shall provide the time, date, and location of the 
12.31 	meeting, and if the meeting is to be held or accessible via telecommunication, video 
13.1 	conference, or other electronic means, the notice shall include the mechanism for access to 
13.2 	the meeting through such means.
13.3 	(4) The commission may convene in a closed, nonpublic meeting for the commission 
13.4 	to receive legal advice or to discuss:
13.5 	(i) noncompliance of a participating state with its obligations under the compact;
13.6 	(ii) the employment, compensation, discipline, or other matters, practices, or procedures 
13.7 	related to specific employees or other matters related to the commission's internal personnel 
13.8 	practices and procedures;
13.9 	(iii) current or threatened discipline of a licensee or compact privilege holder by the 
13.10 	commission or by a participating state's licensing authority;
13.11 	(iv) current, threatened, or reasonably anticipated litigation;
13.12 	(v) negotiation of contracts for the purchase, lease, or sale of goods, services, or real 
13.13 	estate;
13.14 	(vi) accusing any person of a crime or formally censuring any person;
13.15 	(vii) trade secrets or commercial or financial information that is privileged or confidential;
13.16 	(viii) information of a personal nature where disclosure would constitute a clearly 
13.17 	unwarranted invasion of personal privacy;
13.18 	(ix) investigative records compiled for law enforcement purposes;
13.19 	(x) information related to any investigative reports prepared by or on behalf of or for 
13.20 	use of the commission or other committee charged with responsibility of investigation or 
13.21 	determination of compliance issues pursuant to the compact;
13.22 	(xi) legal advice;
13.23 	(xii) matters specifically exempted from disclosure to the public by federal or participating 
13.24 	state law; and
13.25 	(xiii) other matters as promulgated by the commission by rule.
13.26 	(5) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that 
13.27 	the meeting will be closed and reference each relevant exempting provision, and such 
13.28 	reference shall be recorded in the minutes.
13.29 	(6) The commission shall keep minutes that fully and clearly describe all matters 
13.30 	discussed in a meeting and shall provide a full and accurate summary of actions taken, and 
13.31 	the reasons therefore, including a description of the views expressed. All documents 
14.1 	considered in connection with an action shall be identified in such minutes. All minutes and 
14.2 	documents of a closed meeting shall remain under seal, subject to release only by a majority 
14.3 	vote of the commission or order of a court of competent jurisdiction.
14.4 	(E) Financing of the Commission:
14.5 	(1) The commission shall pay, or provide for the payment of, the reasonable expenses 
14.6 	of its establishment, organization, and ongoing activities.
14.7 	(2) The commission may accept any and all appropriate sources of revenue, donations, 
14.8 	and grants of money, equipment, supplies, materials, and services.
14.9 	(3) The commission may levy on and collect an annual assessment from each participating 
14.10 	state and impose fees on licensees of participating states when a compact privilege is granted 
14.11 	to cover the cost of the operations and activities of the commission and its staff, which must 
14.12 	be in a total amount sufficient to cover its annual budget as approved each fiscal year for 
14.13 	which sufficient revenue is not provided by other sources. The aggregate annual assessment 
14.14 	amount for participating states shall be allocated based upon a formula that the commission 
14.15 	shall promulgate by rule.
14.16 	(4) The commission shall not incur obligations of any kind prior to securing the funds 
14.17 	adequate to meet the same; nor shall the commission pledge the credit of any participating 
14.18 	state, except by and with the authority of the participating state.
14.19 	(5) The commission shall keep accurate accounts of all receipts and disbursements. The 
14.20 	receipts and disbursements of the commission shall be subject to the financial review and 
14.21 	accounting procedures established under the commission's bylaws. All receipts and 
14.22 	disbursements of funds handled by the commission shall be subject to an annual financial 
14.23 	review by a certified or licensed public accountant, and the report of the financial review 
14.24 	shall be included in and become part of the annual report of the commission.
14.25 	(F) The Executive Board:
14.26 	(1) The executive board shall have the power to act on behalf of the commission according 
14.27 	to the terms of this compact. The powers, duties, and responsibilities of the executive board 
14.28 	shall include:
14.29 	(i) overseeing the day-to-day activities of the administration of the compact including 
14.30 	compliance with the provisions of the compact and the commission's rules and bylaws;
14.31 	(ii) recommending to the commission changes to the rules or bylaws, changes to this 
14.32 	compact legislation, fees charged to compact participating states, fees charged to licensees, 
14.33 	and other fees;
15.1 	(iii) ensuring compact administration services are appropriately provided, including by 
15.2 	contract;
15.3 	(iv) preparing and recommending the budget;
15.4 	(v) maintaining financial records on behalf of the commission;
15.5 	(vi) monitoring compact compliance of participating states and providing compliance 
15.6 	reports to the commission;
15.7 	(vii) establishing additional committees as necessary;
15.8 	(viii) exercising the powers and duties of the commission during the interim between 
15.9 	commission meetings, except for adopting or amending rules, adopting or amending bylaws, 
15.10 	and exercising any other powers and duties expressly reserved to the commission by rule 
15.11 	or bylaw; and
15.12 	(ix) other duties as provided in the rules or bylaws of the commission.
15.13 	(2) The executive board shall be composed of up to seven members:
15.14 	(i) the chair, vice chair, secretary, and treasurer of the commission and any other members 
15.15 	of the commission who serve on the executive board shall be voting members of the executive 
15.16 	board; and
15.17 	(ii) other than the chair, vice chair, secretary, and treasurer, the commission may elect 
15.18 	up to three voting members from the current membership of the commission.
15.19 	(3) The commission may remove any member of the executive board as provided in the 
15.20 	commission's bylaws.
15.21 	(4) The executive board shall meet at least annually.
15.22 	(i) An executive board meeting at which it takes or intends to take formal action on a 
15.23 	matter shall be open to the public, except that the executive board may meet in a closed, 
15.24 	nonpublic session of a public meeting when dealing with any of the matters covered under 
15.25 	(D)(4) of this article.
15.26 	(ii) The executive board shall give five business days' notice of its public meetings, 
15.27 	posted on its website and as it may otherwise determine to provide notice to persons with 
15.28 	an interest in the public matters the executive board intends to address at those meetings.
15.29 	(5) The executive board may hold an emergency meeting when acting for the commission 
15.30 	to:
15.31 	(i) meet an imminent threat to public health, safety, or welfare;
16.1 	(ii) prevent a loss of commission or participating state funds; or
16.2 	(iii) protect public health and safety.
16.3 	(G) Qualified Immunity, Defense, and Indemnification:
16.4 	(1) The members, officers, executive director, employees, and representatives of the 
16.5 	commission shall be immune from suit and liability, both personally and in their official 
16.6 	capacity, for any claim for damage to or loss of property or personal injury or other civil 
16.7 	liability caused by or arising out of any actual or alleged act, error, or omission that occurred, 
16.8 	or that the person against whom the claim is made had a reasonable basis for believing 
16.9 	occurred within the scope of commission employment, duties, or responsibilities; provided 
16.10 	that nothing in this paragraph shall be construed to protect any such person from suit or 
16.11 	liability for any damage, loss, injury, or liability caused by the intentional or willful or 
16.12 	wanton misconduct of that person. The procurement of insurance of any type by the 
16.13 	commission shall not in any way compromise or limit the immunity granted hereunder.
16.14 	(2) The commission shall defend any member, officer, executive director, employee, or 
16.15 	representative of the commission in any civil action seeking to impose liability arising out 
16.16 	of any actual or alleged act, error, or omission that occurred within the scope of commission 
16.17 	employment, duties, or responsibilities, or as determined by the commission that the person 
16.18 	against whom the claim is made had a reasonable basis for believing occurred within the 
16.19 	scope of commission employment, duties, or responsibilities; provided that nothing herein 
16.20 	shall be construed to prohibit that person from retaining their own counsel at their own 
16.21 	expense; and provided further that the actual or alleged act, error, or omission did not result 
16.22 	from that person's intentional or willful or wanton misconduct.
16.23 	(3) Notwithstanding (G)(1) of this article, should any member, officer, executive director, 
16.24 	employee, or representative of the commission be held liable for the amount of any settlement 
16.25 	or judgment arising out of any actual or alleged act, error, or omission that occurred within 
16.26 	the scope of that individual's employment, duties, or responsibilities for the commission, 
16.27 	or that the person to whom that individual is liable had a reasonable basis for believing 
16.28 	occurred within the scope of the individual's employment, duties, or responsibilities for the 
16.29 	commission, the commission shall indemnify and hold harmless such individual; provided 
16.30 	that the actual or alleged act, error, or omission did not result from the intentional or willful 
16.31 	or wanton misconduct of the individual.
16.32 	(4) Nothing herein shall be construed as a limitation on the liability of any licensee for 
16.33 	professional malpractice or misconduct, which shall be governed solely by any other 
16.34 	applicable state laws.
17.1 	(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a 
17.2 	participating state's state action immunity or state action affirmative defense with respect 
17.3 	to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust 
17.4 	or anticompetitive law or regulation.
17.5 	(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by 
17.6 	the participating states or by the commission.
17.7 	ARTICLE 8. DATA SYSTEM
17.8 	(A) The commission shall provide for the development, maintenance, operation, and 
17.9 	utilization of a coordinated database and reporting system containing licensure, adverse 
17.10 	action, and the presence of significant investigative information on all licensees and 
17.11 	applicants for a license in participating states.
17.12 	(B) Notwithstanding any other provision of state law to the contrary, a participating state 
17.13 	shall submit a uniform data set to the data system on all individuals to whom this compact 
17.14 	is applicable as required by the rules of the commission, including:
17.15 	(1) identifying information;
17.16 	(2) licensure data;
17.17 	(3) adverse actions against a licensee, license applicant, or compact privilege and 
17.18 	information related thereto;
17.19 	(4) nonconfidential information related to alternative program participation, the beginning 
17.20 	and ending dates of such participation, and other information related to such participation;
17.21 	(5) any denial of an application for licensure, and the reasons for such denial, excluding 
17.22 	the reporting of any criminal history record information where prohibited by law;
17.23 	(6) the presence of significant investigative information; and
17.24 	(7) other information that may facilitate the administration of this compact or the 
17.25 	protection of the public, as determined by the rules of the commission.
17.26 	(C) The records and information provided to a participating state pursuant to this compact 
17.27 	or through the data system, when certified by the commission or an agent thereof, shall 
17.28 	constitute the authenticated business records of the commission, and shall be entitled to any 
17.29 	associated hearsay exception in any relevant judicial, quasi-judicial, or administrative 
17.30 	proceedings in a participating state.
17.31 	(D) Significant investigative information pertaining to a licensee in any participating 
17.32 	state will only be available to other participating states.
18.1 	(E) It is the responsibility of the participating states to monitor the database to determine 
18.2 	whether adverse action has been taken against a licensee or license applicant. Adverse action 
18.3 	information pertaining to a licensee or license applicant in any participating state will be 
18.4 	available to any other participating state.
18.5 	(F) Participating states contributing information to the data system may designate 
18.6 	information that may not be shared with the public without the express permission of the 
18.7 	contributing state.
18.8 	(G) Any information submitted to the data system that is subsequently expunged pursuant 
18.9 	to federal law or the laws of the participating state contributing the information shall be 
18.10 	removed from the data system.
18.11 	ARTICLE 9. RULEMAKING
18.12 	(A) The commission shall promulgate reasonable rules in order to effectively and 
18.13 	efficiently implement and administer the purposes and provisions of the compact. A 
18.14 	commission rule shall be invalid and have no force or effect only if a court of competent 
18.15 	jurisdiction holds that the rule is invalid because the commission exercised its rulemaking 
18.16 	authority in a manner that is beyond the scope and purposes of the compact, or the powers 
18.17 	granted hereunder, or based upon another applicable standard of review.
18.18 	(B) The rules of the commission shall have the force of law in each participating state, 
18.19 	provided that where the rules of the commission conflict with the laws of the participating 
18.20 	state that establish the participating state's scope of practice as held by a court of competent 
18.21 	jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the 
18.22 	conflict.
18.23 	(C) The commission shall exercise its rulemaking powers pursuant to the criteria set 
18.24 	forth in this article and the rules adopted thereunder. Rules shall become binding as of the 
18.25 	date specified by the commission for each rule.
18.26 	(D) If a majority of the legislatures of the participating states rejects a commission rule 
18.27 	or portion of a commission rule, by enactment of a statute or resolution in the same manner 
18.28 	used to adopt the compact, within four years of the date of adoption of the rule, then such 
18.29 	rule shall have no further force and effect in any participating state or to any state applying 
18.30 	to participate in the compact.
18.31 	(E) Rules shall be adopted at a regular or special meeting of the commission.
18.32 	(F) Prior to adoption of a proposed rule, the commission shall hold a public hearing and 
18.33 	allow persons to provide oral and written comments, data, facts, opinions, and arguments.
19.1 	(G) Prior to adoption of a proposed rule by the commission, and at least 30 days in 
19.2 	advance of the meeting at which the commission will hold a public hearing on the proposed 
19.3 	rule, the commission shall provide a notice of proposed rulemaking:
19.4 	(1) on the website of the commission or other publicly accessible platform;
19.5 	(2) to persons who have requested notice of the commission's notices of proposed 
19.6 	rulemaking; and
19.7 	(3) in such other ways as the commission may by rule specify.
19.8 	(H) The notice of proposed rulemaking shall include:
19.9 	(1) the time, date, and location of the public hearing at which the commission will hear 
19.10 	public comments on the proposed rule and, if different, the time, date, and location of the 
19.11 	meeting where the commission will consider and vote on the proposed rule;
19.12 	(2) if the hearing is held via telecommunication, video conference, or other electronic 
19.13 	means, the commission shall include the mechanism for access to the hearing in the notice 
19.14 	of proposed rulemaking;
19.15 	(3) the text of the proposed rule and the reason therefor;
19.16 	(4) a request for comments on the proposed rule from any interested person; and
19.17 	(5) the manner in which interested persons may submit written comments.
19.18 	(I) All hearings will be recorded. A copy of the recording and all written comments and 
19.19 	documents received by the commission in response to the proposed rule shall be available 
19.20 	to the public.
19.21 	(J) Nothing in this article shall be construed as requiring a separate hearing on each 
19.22 	commission rule. Rules may be grouped for the convenience of the commission at hearings 
19.23 	required by this article.
19.24 	(K) The commission shall, by majority vote of all commissioners, take final action on 
19.25 	the proposed rule based on the rulemaking record.
19.26 	(1) The commission may adopt changes to the proposed rule provided the changes do 
19.27 	not enlarge the original purpose of the proposed rule.
19.28 	(2) The commission shall provide an explanation of the reasons for substantive changes 
19.29 	made to the proposed rule as well as reasons for substantive changes not made that were 
19.30 	recommended by commenters.
20.1 	(3) The commission shall determine a reasonable effective date for the rule. Except for 
20.2 	an emergency as provided in (L) of this article, the effective date of the rule shall be no 
20.3 	sooner than 30 days after the commission issuing the notice that it adopted or amended the 
20.4 	rule.
20.5 	(L) Upon determination that an emergency exists, the commission may consider and 
20.6 	adopt an emergency rule with 24 hours' notice, with opportunity to comment, provided that 
20.7 	the usual rulemaking procedures provided in the compact and in this article shall be 
20.8 	retroactively applied to the rule as soon as reasonably possible, in no event later than 90 
20.9 	days after the effective date of the rule. For the purposes of this provision, an emergency 
20.10 	rule is one that must be adopted immediately in order to:
20.11 	(1) meet an imminent threat to public health, safety, or welfare;
20.12 	(2) prevent a loss of commission or participating state funds;
20.13 	(3) meet a deadline for the promulgation of a rule that is established by federal law or 
20.14 	rule; or
20.15 	(4) protect public health and safety.
20.16 	(M) The commission or an authorized committee of the commission may direct revisions 
20.17 	to a previously adopted rule for purposes of correcting typographical errors, errors in format, 
20.18 	errors in consistency, or grammatical errors. Public notice of any revisions shall be posted 
20.19 	on the website of the commission. The revision shall be subject to challenge by any person 
20.20 	for a period of 30 days after posting. The revision may be challenged only on grounds that 
20.21 	the revision results in a material change to a rule. A challenge shall be made in writing and 
20.22 	delivered to the commission prior to the end of the notice period. If no challenge is made, 
20.23 	the revision will take effect without further action. If the revision is challenged, the revision 
20.24 	may not take effect without the approval of the commission.
20.25 	(N) No participating state's rulemaking requirements shall apply under this compact.
20.26 	ARTICLE 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
20.27 	(A) Oversight:
20.28 	(1) The executive and judicial branches of state government in each participating state 
20.29 	shall enforce this compact and take all actions necessary and appropriate to implement the 
20.30 	compact.
20.31 	(2) Venue is proper and judicial proceedings by or against the commission shall be 
20.32 	brought solely and exclusively in a court of competent jurisdiction where the principal office 
21.1 	of the commission is located. The commission may waive venue and jurisdictional defenses 
21.2 	to the extent it adopts or consents to participate in alternative dispute resolution proceedings. 
21.3 	Nothing herein shall affect or limit the selection or propriety of venue in any action against 
21.4 	a licensee for professional malpractice, misconduct, or any such similar matter.
21.5 	(3) The commission shall be entitled to receive service of process in any proceeding 
21.6 	regarding the enforcement or interpretation of the compact or commission rule and shall 
21.7 	have standing to intervene in such a proceeding for all purposes. Failure to provide the 
21.8 	commission service of process shall render a judgment or order void as to the commission, 
21.9 	this compact, or the promulgated rules.
21.10 	(B) Default, Technical Assistance, and Termination:
21.11 	(1) If the commission determines that a participating state has defaulted in the 
21.12 	performance of its obligations or responsibilities under this compact or the promulgated 
21.13 	rules, the commission shall provide written notice to the defaulting state. The notice of 
21.14 	default shall describe the default, the proposed means of curing the default, and any other 
21.15 	action that the commission may take, and shall offer training and specific technical assistance 
21.16 	regarding the default.
21.17 	(2) The commission shall provide a copy of the notice of default to the other participating 
21.18 	states.
21.19 	(C) If a state in default fails to cure the default, the defaulting state may be terminated 
21.20 	from the compact upon an affirmative vote of a majority of the commissioners, and all 
21.21 	rights, privileges, and benefits conferred on that state by this compact may be terminated 
21.22 	on the effective date of termination. A cure of the default does not relieve the offending 
21.23 	state of obligations or liabilities incurred during the period of default.
21.24 	(D) Termination of participation in the compact shall be imposed only after all other 
21.25 	means of securing compliance have been exhausted. Notice of intent to suspend or terminate 
21.26 	shall be given by the commission to the governor, the majority and minority leaders of the 
21.27 	defaulting state's legislature, the defaulting state's state licensing authority or authorities, 
21.28 	as applicable, and each of the participating states' state licensing authority or authorities, as 
21.29 	applicable.
21.30 	(E) A state that has been terminated is responsible for all assessments, obligations, and 
21.31 	liabilities incurred through the effective date of termination, including obligations that 
21.32 	extend beyond the effective date of termination.
22.1 	(F) Upon the termination of a state's participation in this compact, that state shall 
22.2 	immediately provide notice to all licensees of the state, including licensees of other 
22.3 	participating states issued a compact privilege to practice within that state, of such 
22.4 	termination. The terminated state shall continue to recognize all compact privileges then in 
22.5 	effect in that state for a minimum of 180 days after the date of said notice of termination.
22.6 	(G) The commission shall not bear any costs related to a state that is found to be in 
22.7 	default or that has been terminated from the compact, unless agreed upon in writing between 
22.8 	the commission and the defaulting state.
22.9 	(H) The defaulting state may appeal the action of the commission by petitioning the 
22.10 	United States District Court for the District of Columbia or the federal district where the 
22.11 	commission has its principal offices. The prevailing party shall be awarded all costs of such 
22.12 	litigation, including reasonable attorney's fees.
22.13 	(I) Dispute Resolution:
22.14 	(1) Upon request by a participating state, the commission shall attempt to resolve disputes 
22.15 	related to the compact that arise among participating states and between participating states 
22.16 	and nonparticipating states.
22.17 	(2) The commission shall promulgate a rule providing for both mediation and binding 
22.18 	dispute resolution for disputes as appropriate.
22.19 	(J) Enforcement:
22.20 	(1) The commission, in the reasonable exercise of its discretion, shall enforce the 
22.21 	provisions of this compact and the commission's rules.
22.22 	(2) By majority vote, the commission may initiate legal action against a participating 
22.23 	state in default in the United States District Court for the District of Columbia or the federal 
22.24 	district where the commission has its principal offices to enforce compliance with the 
22.25 	provisions of the compact and its promulgated rules. The relief sought may include both 
22.26 	injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing 
22.27 	party shall be awarded all costs of such litigation, including reasonable attorney's fees. The 
22.28 	remedies herein shall not be the exclusive remedies of the commission. The commission 
22.29 	may pursue any other remedies available under federal or the defaulting participating state's 
22.30 	law.
22.31 	(3) A participating state may initiate legal action against the commission in the United 
22.32 	States District Court for the District of Columbia or the federal district where the commission 
22.33 	has its principal offices to enforce compliance with the provisions of the compact and its 
23.1 	promulgated rules. The relief sought may include both injunctive relief and damages. In the 
23.2 	event judicial enforcement is necessary, the prevailing party shall be awarded all costs of 
23.3 	such litigation, including reasonable attorney's fees.
23.4 	(4) No individual or entity other than a participating state may enforce this compact 
23.5 	against the commission.
23.6 	ARTICLE 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
23.7 	(A) The compact shall come into effect on the date on which the compact statute is 
23.8 	enacted into law in the seventh participating state.
23.9 	(1) On or after the effective date of the compact, the commission shall convene and 
23.10 	review the enactment of each of the states that enacted the compact prior to the commission 
23.11 	convening ("charter participating states") to determine if the statute enacted by each such 
23.12 	charter participating state is materially different than the model compact.
23.13 	(i) A charter participating state whose enactment is found to be materially different from 
23.14 	the model compact shall be entitled to the default process set forth in Article 10.
23.15 	(ii) If any participating state is later found to be in default, or is terminated or withdraws 
23.16 	from the compact, the commission shall remain in existence and the compact shall remain 
23.17 	in effect even if the number of participating states should be less than seven.
23.18 	(2) Participating states enacting the compact subsequent to the charter participating states 
23.19 	shall be subject to the process set forth in Article 7(C)(23) to determine if their enactments 
23.20 	are materially different from the model compact and whether they qualify for participation 
23.21 	in the compact.
23.22 	(3) All actions taken for the benefit of the commission or in furtherance of the purposes 
23.23 	of the administration of the compact prior to the effective date of the compact or the 
23.24 	commission coming into existence shall be considered to be actions of the commission 
23.25 	unless specifically repudiated by the commission.
23.26 	(4) Any state that joins the compact subsequent to the commission's initial adoption of 
23.27 	the rules and bylaws shall be subject to the commission's rules and bylaws as they exist on 
23.28 	the date on which the compact becomes law in that state. Any rule that has been previously 
23.29 	adopted by the commission shall have the full force and effect of law on the day the compact 
23.30 	becomes law in that state.
23.31 	(B) Any participating state may withdraw from this compact by enacting a statute 
23.32 	repealing that state's enactment of the compact.
24.1 	(1) A participating state's withdrawal shall not take effect until 180 days after enactment 
24.2 	of the repealing statute.
24.3 	(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's 
24.4 	licensing authority or authorities to comply with the investigative and adverse action reporting 
24.5 	requirements of this compact prior to the effective date of withdrawal.
24.6 	(3) Upon the enactment of a statute withdrawing from this compact, the state shall 
24.7 	immediately provide notice of such withdrawal to all licensees within that state. 
24.8 	Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing 
24.9 	state shall continue to recognize all compact privileges to practice within that state granted 
24.10 	pursuant to this compact for a minimum of 180 days after the date of such notice of 
24.11 	withdrawal.
24.12 	(C) Nothing contained in this compact shall be construed to invalidate or prevent any 
24.13 	licensure agreement or other cooperative arrangement between a participating state and a 
24.14 	nonparticipating state that does not conflict with the provisions of this compact.
24.15 	(D) This compact may be amended by the participating states. No amendment to this 
24.16 	compact shall become effective and binding upon any participating state until it is enacted 
24.17 	into the laws of all participating states.
24.18 	ARTICLE 12. CONSTRUCTION AND SEVERABILITY
24.19 	(A) This compact and the commission's rulemaking authority shall be liberally construed 
24.20 	so as to effectuate the purposes and the implementation and administration of the compact. 
24.21 	Provisions of the compact expressly authorizing or requiring the promulgation of rules shall 
24.22 	not be construed to limit the commission's rulemaking authority solely for those purposes.
24.23 	(B) The provisions of this compact shall be severable and if any phrase, clause, sentence, 
24.24 	or provision of this compact is held by a court of competent jurisdiction to be contrary to 
24.25 	the constitution of any participating state, a state seeking participation in the compact, or 
24.26 	of the United States, or the applicability thereof to any government, agency, person, or 
24.27 	circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity 
24.28 	of the remainder of this compact and the applicability thereof to any other government, 
24.29 	agency, person, or circumstance shall not be affected thereby.
24.30 	(C) Notwithstanding (B) of this article, the commission may deny a state's participation 
24.31 	in the compact or, in accordance with the requirements of Article 10(B), terminate a 
24.32 	participating state's participation in the compact, if it determines that a constitutional 
24.33 	requirement of a participating state is a material departure from the compact. Otherwise, if 
25.1 	this compact shall be held to be contrary to the constitution of any participating state, the 
25.2 	compact shall remain in full force and effect as to the remaining participating states and in 
25.3 	full force and effect as to the participating state affected as to all severable matters.
25.4 	ARTICLE 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
25.5 	(A) Nothing herein shall prevent or inhibit the enforcement of any other law of a 
25.6 	participating state that is not inconsistent with the compact.
25.7 	(B) Any laws, statutes, regulations, or other legal requirements in a participating state 
25.8 	in conflict with the compact are superseded to the extent of the conflict.
25.9 	(C) All permissible agreements between the commission and the participating states are 
25.10 	binding in accordance with their terms.