1.1 	CONFERENCE COMMITTEE REPORT ON H. F. No. 4247
1.2 	A bill for an act
1.3 	relating to health; establishing registration for transfer care specialists; establishing 
1.4 	licensure for behavior analysts; establishing licensure for veterinary technicians 
1.5 	and a veterinary institutional license; modifying provisions of veterinary 
1.6 	supervision; modifying specialty dentist licensure and dental assistant licensure 
1.7 	by credentials; removing additional collaboration requirements for physician 
1.8 	assistants to provide certain psychiatric treatment; modifying social worker 
1.9 	provisional licensure; establishing guest licensure for marriage and family 
1.10 	therapists; modifying pharmacy provisions for certain reporting requirements and 
1.11 	change of ownership or relocation; appropriating money;amending Minnesota 
1.12 	Statutes 2022, sections 148D.061, subdivisions 1, 8; 148D.062, subdivisions 3, 4; 
1.13 	148D.063, subdivisions 1, 2; 148E.055, by adding subdivisions; 149A.01, 
1.14 	subdivision 3; 149A.02, subdivision 13a, by adding a subdivision; 149A.03; 
1.15 	149A.09; 149A.11; 149A.60; 149A.61, subdivisions 4, 5; 149A.62; 149A.63; 
1.16 	149A.65, subdivision 2; 149A.70, subdivisions 3, 4, 5, 7; 149A.90, subdivisions 
1.17 	2, 4, 5; 150A.06, subdivisions 1c, 8; 151.065, by adding subdivisions; 151.066, 
1.18 	subdivisions 1, 2, 3; 156.001, by adding subdivisions; 156.07; 156.12, subdivisions 
1.19 	2, 4; Minnesota Statutes 2023 Supplement, section 148B.392, subdivision 2; 
1.20 	proposing coding for new law in Minnesota Statutes, chapters 148; 148B; 149A; 
1.21 	156; repealing Minnesota Statutes 2022, sections 147A.09, subdivision 5; 148D.061, 
1.22 	subdivision 9; 156.12, subdivision 6.
1.23 	May 18, 2024
1.24 	The Honorable Melissa Hortman
1.25 	Speaker of the House of Representatives
1.26 	The Honorable Bobby Joe Champion
1.27 	President of the Senate
1.28 	We, the undersigned conferees for H. F. No. 4247 report that we have agreed upon the 
1.29 	items in dispute and recommend as follows:
1.30 	That the Senate recede from its amendments and that H. F. No. 4247 be further amended 
1.31 	as follows:
1.32 	Delete everything after the enacting clause and insert:

2.1 	ARTICLE 1
2.2 	TRANSFER CARE SPECIALISTS

2.3 	Section 1. Minnesota Statutes 2022, section 149A.01, subdivision 3, is amended to read:
2.4 		Subd. 3.Exceptions to licensure. (a) Except as otherwise provided in this chapter, 
2.5 	nothing in this chapter shall in any way interfere with the duties of:
2.6 	(1) an anatomical bequest program located within an accredited school of medicine or 
2.7 	an accredited college of mortuary science;
2.8 	(2) a person engaged in the performance of duties prescribed by law relating to the 
2.9 	conditions under which unclaimed dead human bodies are held subject to anatomical study;
2.10 	(3) authorized personnel from a licensed ambulance service in the performance of their 
2.11 	duties;
2.12 	(4) licensed medical personnel in the performance of their duties; or
2.13 	(5) the coroner or medical examiner in the performance of the duties of their offices.
2.14 	(b) This chapter does not apply to or interfere with the recognized customs or rites of 
2.15 	any culture or recognized religion in the ceremonial washing, dressing, casketing, and public 
2.16 	transportation of their dead, to the extent that all other provisions of this chapter are complied 
2.17 	with.
2.18 	(c) Noncompensated persons with the right to control the dead human body, under section 
2.19 	149A.80, subdivision 2, may remove a body from the place of death; transport the body; 
2.20 	prepare the body for disposition, except embalming; or arrange for final disposition of the 
2.21 	body, provided that all actions are in compliance with this chapter.
2.22 	(d) Persons serving internships pursuant to section 149A.20, subdivision 6, or; students 
2.23 	officially registered for a practicum or clinical through a program of mortuary science 
2.24 	accredited by the American Board of Funeral Service Education; or transfer care specialists 
2.25 	registered pursuant to section 149A.47 are not required to be licensed, provided that the 
2.26 	persons or, students, or transfer care specialists are registered with the commissioner and 
2.27 	act under the direct and exclusive supervision of a person holding a current license to practice 
2.28 	mortuary science in Minnesota.
2.29 	(e) Notwithstanding this subdivision, nothing in this section shall be construed to prohibit 
2.30 	an institution or entity from establishing, implementing, or enforcing a policy that permits 
2.31 	only persons licensed by the commissioner to remove or cause to be removed a dead body 
2.32 	or body part from the institution or entity.
3.1 	(f) An unlicensed person may arrange for and direct or supervise a memorial service if 
3.2 	that person or that person's employer does not have charge of the dead human body. An 
3.3 	unlicensed person may not take charge of the dead human body, unless that person has the 
3.4 	right to control the dead human body under section 149A.80, subdivision 2, or is that person's 
3.5 	noncompensated designee.

3.6 	Sec. 2. Minnesota Statutes 2022, section 149A.02, subdivision 13a, is amended to read:
3.7 		Subd. 13a.Direct supervision. "Direct supervision" means overseeing the performance 
3.8 	of an individual. For the purpose of a clinical, practicum, or internship, direct supervision 
3.9 	means that the supervisor is available to observe and correct, as needed, the performance 
3.10 	of the trainee. For the purpose of a transfer care specialist, direct supervision means that 
3.11 	the supervisor is available by being physically present or by telephone to advise and correct, 
3.12 	as needed, the performance of the transfer care specialist. The supervising mortician 
3.13 	supervisor is accountable for the actions of the clinical student, practicum student, or intern 
3.14 	throughout the course of the training. The supervising mortician is accountable for any 
3.15 	violations of law or rule, in the performance of their duties, by the clinical student, practicum 
3.16 	student, or intern, or transfer care specialist.

3.17 	Sec. 3. Minnesota Statutes 2022, section 149A.02, is amended by adding a subdivision to 
3.18 	read:
3.19 		Subd. 37d.Transfer care specialist. "Transfer care specialist" means an individual who 
3.20 	is registered with the commissioner in accordance with section 149A.47 and is authorized 
3.21 	to perform the removal of a dead human body from the place of death under the direct 
3.22 	supervision of a licensed mortician.

3.23 	Sec. 4. Minnesota Statutes 2022, section 149A.03, is amended to read:
3.24 	149A.03 DUTIES OF COMMISSIONER.
3.25 	The commissioner shall:
3.26 	(1) enforce all laws and adopt and enforce rules relating to the:
3.27 	(i) removal, preparation, transportation, arrangements for disposition, and final disposition 
3.28 	of dead human bodies;
3.29 	(ii) licensure, registration, and professional conduct of funeral directors, morticians, 
3.30 	interns, practicum students, and clinical students, and transfer care specialists;
3.31 	(iii) licensing and operation of a funeral establishment;
4.1 	(iv) licensing and operation of an alkaline hydrolysis facility; and
4.2 	(v) licensing and operation of a crematory;
4.3 	(2) provide copies of the requirements for licensure, registration, and permits to all 
4.4 	applicants;
4.5 	(3) administer examinations and issue licenses, registrations, and permits to qualified 
4.6 	persons and other legal entities;
4.7 	(4) maintain a record of the name and location of all current licensees and, interns, and 
4.8 	transfer care specialists;
4.9 	(5) perform periodic compliance reviews and premise inspections of licensees;
4.10 	(6) accept and investigate complaints relating to conduct governed by this chapter;
4.11 	(7) maintain a record of all current preneed arrangement trust accounts;
4.12 	(8) maintain a schedule of application, examination, permit, registration, and licensure 
4.13 	fees, initial and renewal, sufficient to cover all necessary operating expenses;
4.14 	(9) educate the public about the existence and content of the laws and rules for mortuary 
4.15 	science licensing and the removal, preparation, transportation, arrangements for disposition, 
4.16 	and final disposition of dead human bodies to enable consumers to file complaints against 
4.17 	licensees and others who may have violated those laws or rules;
4.18 	(10) evaluate the laws, rules, and procedures regulating the practice of mortuary science 
4.19 	in order to refine the standards for licensing and to improve the regulatory and enforcement 
4.20 	methods used; and
4.21 	(11) initiate proceedings to address and remedy deficiencies and inconsistencies in the 
4.22 	laws, rules, or procedures governing the practice of mortuary science and the removal, 
4.23 	preparation, transportation, arrangements for disposition, and final disposition of dead 
4.24 	human bodies.

4.25 	Sec. 5. Minnesota Statutes 2022, section 149A.09, is amended to read:
4.26 	149A.09 DENIAL; REFUSAL TO REISSUE; REVOCATION; SUSPENSION; 
4.27 	LIMITATION OF LICENSE, REGISTRATION, OR PERMIT.
4.28 		Subdivision 1.Denial; refusal to renew; revocation; and suspension. The regulatory 
4.29 	agency may deny, refuse to renew, revoke, or suspend any license, registration, or permit 
4.30 	applied for or issued pursuant to this chapter when the person subject to regulation under 
4.31 	this chapter:
5.1 	(1) does not meet or fails to maintain the minimum qualification for holding a license, 
5.2 	registration, or permit under this chapter;
5.3 	(2) submits false or misleading material information to the regulatory agency in 
5.4 	connection with a license, registration, or permit issued by the regulatory agency or the 
5.5 	application for a license, registration, or permit;
5.6 	(3) violates any law, rule, order, stipulation agreement, settlement, compliance agreement, 
5.7 	license, registration, or permit that regulates the removal, preparation, transportation, 
5.8 	arrangements for disposition, or final disposition of dead human bodies in Minnesota or 
5.9 	any other state in the United States;
5.10 	(4) is convicted of a crime, including a finding or verdict of guilt, an admission of guilt, 
5.11 	or a no contest plea in any court in Minnesota or any other jurisdiction in the United States. 
5.12 	"Conviction," as used in this subdivision, includes a conviction for an offense which, if 
5.13 	committed in this state, would be deemed a felony or gross misdemeanor without regard to 
5.14 	its designation elsewhere, or a criminal proceeding where a finding or verdict of guilty is 
5.15 	made or returned, but the adjudication of guilt is either withheld or not entered;
5.16 	(5) is convicted of a crime, including a finding or verdict of guilt, an admission of guilt, 
5.17 	or a no contest plea in any court in Minnesota or any other jurisdiction in the United States 
5.18 	that the regulatory agency determines is reasonably related to the removal, preparation, 
5.19 	transportation, arrangements for disposition or final disposition of dead human bodies, or 
5.20 	the practice of mortuary science;
5.21 	(6) is adjudicated as mentally incompetent, mentally ill, developmentally disabled, or 
5.22 	mentally ill and dangerous to the public;
5.23 	(7) has a conservator or guardian appointed;
5.24 	(8) fails to comply with an order issued by the regulatory agency or fails to pay an 
5.25 	administrative penalty imposed by the regulatory agency;
5.26 	(9) owes uncontested delinquent taxes in the amount of $500 or more to the Minnesota 
5.27 	Department of Revenue, or any other governmental agency authorized to collect taxes 
5.28 	anywhere in the United States;
5.29 	(10) is in arrears on any court ordered family or child support obligations; or
5.30 	(11) engages in any conduct that, in the determination of the regulatory agency, is 
5.31 	unprofessional as prescribed in section 149A.70, subdivision 7, or renders the person unfit 
5.32 	to practice mortuary science or to operate a funeral establishment or crematory.
6.1 		Subd. 2.Hearings related to refusal to renew, suspension, or revocation of license, 
6.2 	registration, or permit. If the regulatory agency proposes to deny renewal, suspend, or 
6.3 	revoke a license, registration, or permit issued under this chapter, the regulatory agency 
6.4 	must first notify, in writing, the person against whom the action is proposed to be taken and 
6.5 	provide an opportunity to request a hearing under the contested case provisions of sections 
6.6 	14.57 to 14.62. If the subject of the proposed action does not request a hearing by notifying 
6.7 	the regulatory agency, by mail, within 20 calendar days after the receipt of the notice of 
6.8 	proposed action, the regulatory agency may proceed with the action without a hearing and 
6.9 	the action will be the final order of the regulatory agency.
6.10 		Subd. 3.Review of final order. A judicial review of the final order issued by the 
6.11 	regulatory agency may be requested in the manner prescribed in sections 14.63 to 14.69. 
6.12 	Failure to request a hearing pursuant to subdivision 2 shall constitute a waiver of the right 
6.13 	to further agency or judicial review of the final order.
6.14 		Subd. 4.Limitations or qualifications placed on license, registration, or permit. The 
6.15 	regulatory agency may, where the facts support such action, place reasonable limitations 
6.16 	or qualifications on the right to practice mortuary science or, to operate a funeral 
6.17 	establishment or crematory, or to perform activities or actions permitted under this chapter.
6.18 		Subd. 5.Restoring license, registration, or permit. The regulatory agency may, where 
6.19 	there is sufficient reason, restore a license, registration, or permit that has been revoked, 
6.20 	reduce a period of suspension, or remove limitations or qualifications.

6.21 	Sec. 6. Minnesota Statutes 2022, section 149A.11, is amended to read:
6.22 	149A.11 PUBLICATION OF DISCIPLINARY ACTIONS.
6.23 	The regulatory agencies shall report all disciplinary measures or actions taken to the 
6.24 	commissioner. At least annually, the commissioner shall publish and make available to the 
6.25 	public a description of all disciplinary measures or actions taken by the regulatory agencies. 
6.26 	The publication shall include, for each disciplinary measure or action taken, the name and 
6.27 	business address of the licensee or, intern, or transfer care specialist; the nature of the 
6.28 	misconduct,; and the measure or action taken by the regulatory agency.

6.29 	Sec. 7. [149A.47] TRANSFER CARE SPECIALIST.
6.30 		Subdivision 1.General. A transfer care specialist may remove a dead human body from 
6.31 	the place of death under the direct supervision of a licensed mortician if the transfer care 
6.32 	specialist is registered with the commissioner in accordance with this section. A transfer 
7.1 	care specialist is not licensed to engage in the practice of mortuary science and shall not 
7.2 	engage in the practice of mortuary science except as provided in this section. A transfer 
7.3 	care specialist must be an employee of a licensed funeral establishment.
7.4 		Subd. 2.Registration. (a) To be eligible for registration as a transfer care specialist, an 
7.5 	applicant must submit to the commissioner:
7.6 	(1) a completed application on a form provided by the commissioner that includes at a 
7.7 	minimum:
7.8 	(i) the applicant's name, home address and telephone number, business name, business 
7.9 	address and telephone number, and email address; and
7.10 	(ii) the name, license number, business name, and business address and telephone number 
7.11 	of the supervising licensed mortician;
7.12 	(2) proof of completion of a training program that meets the requirements specified in 
7.13 	subdivision 4; and
7.14 	(3) the appropriate fee specified in section 149A.65.
7.15 	(b) All transfer care specialist registrations are valid for one calendar year, beginning 
7.16 	on January 1 and ending on December 31 regardless of the date of issuance. Fees shall not 
7.17 	be prorated.
7.18 		Subd. 3.Duties. (a) A transfer care specialist registered under this section is authorized 
7.19 	to perform the removal of a dead human body from the place of death in accordance with 
7.20 	this chapter to a licensed funeral establishment. A transfer care specialist must comply with 
7.21 	the universal precaution requirements in section 149A.91, subdivision 1, when handling a 
7.22 	dead human body.
7.23 	(b) A transfer care specialist must work under the direct supervision of a licensed 
7.24 	mortician. The supervising mortician is responsible for the work performed by the transfer 
7.25 	care specialist. A licensed mortician may supervise up to four transfer care specialists at 
7.26 	any one time.
7.27 		Subd. 4.Training program and continuing education. (a) Each transfer care specialist 
7.28 	must complete a training program prior to initial registration. A training program must be 
7.29 	at least seven hours long and must cover, at a minimum, the following:
7.30 	(1) ethical care and transportation procedures for a deceased person;
8.1 	(2) health and safety concerns to the public and the individual performing the transfer 
8.2 	of the deceased person, and the use of universal precautions and other reasonable precautions 
8.3 	to minimize the risk for transmitting communicable diseases; and
8.4 	(3) all relevant state and federal laws and regulations related to the transfer and 
8.5 	transportation of deceased persons.
8.6 	(b) A transfer care specialist must complete three hours of continuing education annually 
8.7 	on content described in paragraph (a), clauses (1) to (3), and submit evidence of completion 
8.8 	with the individual's registration renewal.
8.9 		Subd. 5.Renewal. (a) A registration issued under this section expires on December 31 
8.10 	of the calendar year in which the registration was issued and must be renewed to remain 
8.11 	valid.
8.12 	(b) To renew a registration, a transfer care specialist must submit to the commissioner 
8.13 	a completed renewal application as provided by the commissioner and the appropriate fee 
8.14 	specified in section 149A.65. The renewal application must include proof of completion of 
8.15 	the continuing education requirements in subdivision 4.

8.16 	Sec. 8. Minnesota Statutes 2022, section 149A.60, is amended to read:
8.17 	149A.60 PROHIBITED CONDUCT.
8.18 	The regulatory agency may impose disciplinary measures or take disciplinary action 
8.19 	against a person whose conduct is subject to regulation under this chapter for failure to 
8.20 	comply with any provision of this chapter or laws, rules, orders, stipulation agreements, 
8.21 	settlements, compliance agreements, licenses, registrations, and permits adopted, or issued 
8.22 	for the regulation of the removal, preparation, transportation, arrangements for disposition 
8.23 	or final disposition of dead human bodies, or for the regulation of the practice of mortuary 
8.24 	science.

8.25 	Sec. 9. Minnesota Statutes 2022, section 149A.61, subdivision 4, is amended to read:
8.26 		Subd. 4.Licensees and, interns, and transfer care specialists. A licensee or, intern, 
8.27 	or transfer care specialist regulated under this chapter may report to the commissioner any 
8.28 	conduct that the licensee or, intern, or transfer care specialist has personal knowledge of, 
8.29 	and reasonably believes constitutes grounds for, disciplinary action under this chapter.

9.1 	Sec. 10. Minnesota Statutes 2022, section 149A.61, subdivision 5, is amended to read:
9.2 		Subd. 5.Courts. The court administrator of district court or any court of competent 
9.3 	jurisdiction shall report to the commissioner any judgment or other determination of the 
9.4 	court that adjudges or includes a finding that a licensee or, intern, or transfer care specialist
9.5 	is a person who is mentally ill, mentally incompetent, guilty of a felony or gross 
9.6 	misdemeanor, guilty of violations of federal or state narcotics laws or controlled substances 
9.7 	acts; appoints a guardian or conservator for the licensee or, intern, or transfer care specialist; 
9.8 	or commits a licensee or, intern, or transfer care specialist.

9.9 	Sec. 11. Minnesota Statutes 2022, section 149A.62, is amended to read:
9.10 	149A.62 IMMUNITY; REPORTING.
9.11 	Any person, private agency, organization, society, association, licensee, or intern, or 
9.12 	transfer care specialist who, in good faith, submits information to a regulatory agency under 
9.13 	section 149A.61 or otherwise reports violations or alleged violations of this chapter, is 
9.14 	immune from civil liability or criminal prosecution. This section does not prohibit disciplinary 
9.15 	action taken by the commissioner against any licensee or, intern, or transfer care specialist
9.16 	pursuant to a self report of a violation.

9.17 	Sec. 12. Minnesota Statutes 2022, section 149A.63, is amended to read:
9.18 	149A.63 PROFESSIONAL COOPERATION.
9.19 	A licensee, clinical student, practicum student, intern, transfer care specialist, or applicant 
9.20 	for licensure under this chapter that is the subject of or part of an inspection or investigation 
9.21 	by the commissioner or the commissioner's designee shall cooperate fully with the inspection 
9.22 	or investigation. Failure to cooperate constitutes grounds for disciplinary action under this 
9.23 	chapter.

9.24 	Sec. 13. Minnesota Statutes 2022, section 149A.65, subdivision 2, is amended to read:
9.25 		Subd. 2.Mortuary science fees. Fees for mortuary science are:
9.26 	(1) $75 for the initial and renewal registration of a mortuary science intern;
9.27 	(2) $125 for the mortuary science examination;
9.28 	(3) $200 for issuance of initial and renewal mortuary science licenses;
9.29 	(4) $100 late fee charge for a license renewal; and
9.30 	(5) $250 for issuing a mortuary science license by endorsement.; and
10.1 	(6) $226 for the initial and renewal registration of a transfer care specialist.

10.2 	Sec. 14. Minnesota Statutes 2022, section 149A.70, subdivision 3, is amended to read:
10.3 		Subd. 3.Advertising. No licensee, clinical student, practicum student, or intern, or 
10.4 	transfer care specialist shall publish or disseminate false, misleading, or deceptive advertising. 
10.5 	False, misleading, or deceptive advertising includes, but is not limited to:
10.6 	(1) identifying, by using the names or pictures of, persons who are not licensed to practice 
10.7 	mortuary science in a way that leads the public to believe that those persons will provide 
10.8 	mortuary science services;
10.9 	(2) using any name other than the names under which the funeral establishment, alkaline 
10.10 	hydrolysis facility, or crematory is known to or licensed by the commissioner;
10.11 	(3) using a surname not directly, actively, or presently associated with a licensed funeral 
10.12 	establishment, alkaline hydrolysis facility, or crematory, unless the surname had been 
10.13 	previously and continuously used by the licensed funeral establishment, alkaline hydrolysis 
10.14 	facility, or crematory; and
10.15 	(4) using a founding or establishing date or total years of service not directly or 
10.16 	continuously related to a name under which the funeral establishment, alkaline hydrolysis 
10.17 	facility, or crematory is currently or was previously licensed.
10.18 	Any advertising or other printed material that contains the names or pictures of persons 
10.19 	affiliated with a funeral establishment, alkaline hydrolysis facility, or crematory shall state 
10.20 	the position held by the persons and shall identify each person who is licensed or unlicensed 
10.21 	under this chapter.

10.22 	Sec. 15. Minnesota Statutes 2022, section 149A.70, subdivision 4, is amended to read:
10.23 		Subd. 4.Solicitation of business. No licensee shall directly or indirectly pay or cause 
10.24 	to be paid any sum of money or other valuable consideration for the securing of business 
10.25 	or for obtaining the authority to dispose of any dead human body.
10.26 	For purposes of this subdivision, licensee includes a registered intern, transfer care 
10.27 	specialist, or any agent, representative, employee, or person acting on behalf of the licensee.

10.28 	Sec. 16. Minnesota Statutes 2022, section 149A.70, subdivision 5, is amended to read:
10.29 		Subd. 5.Reimbursement prohibited. No licensee, clinical student, practicum student, 
10.30 	or intern, or transfer care specialist shall offer, solicit, or accept a commission, fee, bonus, 
10.31 	rebate, or other reimbursement in consideration for recommending or causing a dead human 
11.1 	body to be disposed of by a specific body donation program, funeral establishment, alkaline 
11.2 	hydrolysis facility, crematory, mausoleum, or cemetery.

11.3 	Sec. 17. Minnesota Statutes 2022, section 149A.70, subdivision 7, is amended to read:
11.4 		Subd. 7.Unprofessional conduct. No licensee or, intern, or transfer care specialist shall 
11.5 	engage in or permit others under the licensee's or, intern's, or transfer care specialist's
11.6 	supervision or employment to engage in unprofessional conduct. Unprofessional conduct 
11.7 	includes, but is not limited to:
11.8 	(1) harassing, abusing, or intimidating a customer, employee, or any other person 
11.9 	encountered while within the scope of practice, employment, or business;
11.10 	(2) using profane, indecent, or obscene language within the immediate hearing of the 
11.11 	family or relatives of the deceased;
11.12 	(3) failure to treat with dignity and respect the body of the deceased, any member of the 
11.13 	family or relatives of the deceased, any employee, or any other person encountered while 
11.14 	within the scope of practice, employment, or business;
11.15 	(4) the habitual overindulgence in the use of or dependence on intoxicating liquors, 
11.16 	prescription drugs, over-the-counter drugs, illegal drugs, or any other mood altering 
11.17 	substances that substantially impair a person's work-related judgment or performance;
11.18 	(5) revealing personally identifiable facts, data, or information about a decedent, customer, 
11.19 	member of the decedent's family, or employee acquired in the practice or business without 
11.20 	the prior consent of the individual, except as authorized by law;
11.21 	(6) intentionally misleading or deceiving any customer in the sale of any goods or services 
11.22 	provided by the licensee;
11.23 	(7) knowingly making a false statement in the procuring, preparation, or filing of any 
11.24 	required permit or document; or
11.25 	(8) knowingly making a false statement on a record of death.

11.26 	Sec. 18. Minnesota Statutes 2022, section 149A.90, subdivision 2, is amended to read:
11.27 		Subd. 2.Removal from place of death. No person subject to regulation under this 
11.28 	chapter shall remove or cause to be removed any dead human body from the place of death 
11.29 	without being licensed or registered by the commissioner. Every dead human body shall be 
11.30 	removed from the place of death by a licensed mortician or funeral director, except as 
11.31 	provided in section 149A.01, subdivision 3.

12.1 	Sec. 19. Minnesota Statutes 2022, section 149A.90, subdivision 4, is amended to read:
12.2 		Subd. 4.Certificate of removal. No dead human body shall be removed from the place 
12.3 	of death by a mortician or, funeral director, or transfer care specialist or by a noncompensated 
12.4 	person with the right to control the dead human body without the completion of a certificate 
12.5 	of removal and, where possible, presentation of a copy of that certificate to the person or a 
12.6 	representative of the legal entity with physical or legal custody of the body at the death site. 
12.7 	The certificate of removal shall be in the format provided by the commissioner that contains, 
12.8 	at least, the following information:
12.9 	(1) the name of the deceased, if known;
12.10 	(2) the date and time of removal;
12.11 	(3) a brief listing of the type and condition of any personal property removed with the 
12.12 	body;
12.13 	(4) the location to which the body is being taken;
12.14 	(5) the name, business address, and license number of the individual making the removal; 
12.15 	and
12.16 	(6) the signatures of the individual making the removal and, where possible, the individual 
12.17 	or representative of the legal entity with physical or legal custody of the body at the death 
12.18 	site.

12.19 	Sec. 20. Minnesota Statutes 2022, section 149A.90, subdivision 5, is amended to read:
12.20 		Subd. 5.Retention of certificate of removal. A copy of the certificate of removal shall 
12.21 	be given, where possible, to the person or representative of the legal entity having physical 
12.22 	or legal custody of the body at the death site. The original certificate of removal shall be 
12.23 	retained by the individual making the removal and shall be kept on file, at the funeral 
12.24 	establishment to which the body was taken, for a period of three calendar years following 
12.25 	the date of the removal. If the removal was performed by a transfer care specialist not 
12.26 	employed by the funeral establishment to which the body was taken, the transfer care 
12.27 	specialist must retain a copy of the certificate of removal at the transfer care specialist's 
12.28 	business address as registered with the commissioner for a period of three calendar years 
12.29 	following the date of removal. Following this period, and subject to any other laws requiring 
12.30 	retention of records, the funeral establishment may then place the records in storage or 
12.31 	reduce them to microfilm, microfiche, laser disc, or any other method that can produce an 
12.32 	accurate reproduction of the original record, for retention for a period of ten calendar years 
12.33 	from the date of the removal of the body. At the end of this period and subject to any other 
13.1 	laws requiring retention of records, the funeral establishment may destroy the records by 
13.2 	shredding, incineration, or any other manner that protects the privacy of the individuals 
13.3 	identified in the records.

13.4 	ARTICLE 2
13.5 	BEHAVIOR ANALYST LICENSURE

13.6 	Section 1. [148.9981] DEFINITIONS.
13.7 		Subdivision 1.Scope. For the purposes of sections 148.9981 to 148.9995, the terms in 
13.8 	this section have the meanings given.
13.9 		Subd. 2.Accredited school or educational program. "Accredited school or educational 
13.10 	program" means a school, university, college, or other postsecondary education program 
13.11 	that, at the time the student completes the program, is accredited by a regional accrediting 
13.12 	association whose standards are substantially equivalent to those of the North Central 
13.13 	Association of Colleges and Postsecondary Education Institutions or an accrediting 
13.14 	association that evaluates schools of behavior analysis, psychology, or education for inclusion 
13.15 	of the education, practicum, and core function standards.
13.16 		Subd. 3.Advisory council. "Advisory council" means the Behavior Analyst Advisory 
13.17 	Council established in section 148.9994.
13.18 		Subd. 4.Board. "Board" means the Board of Psychology established in section 148.90.
13.19 		Subd. 5.Certifying entity. "Certifying entity" means the Behavior Analyst Certification 
13.20 	Board, Inc., or a successor organization or other organization approved by the board in 
13.21 	consultation with the advisory council.
13.22 		Subd. 6.Client. "Client" means an individual who is the recipient of behavior analysis 
13.23 	services. Client also means "patient" as defined in section 144.291, subdivision 2, paragraph 
13.24 	(g).
13.25 		Subd. 7.Licensed behavior analyst. "Licensed behavior analyst" or "behavior analyst" 
13.26 	means an individual who holds a valid license issued under sections 148.9981 to 148.9995 
13.27 	to engage in the practice of applied behavior analysis.
13.28 		Subd. 8.Licensee. "Licensee" means an individual who holds a valid license issued 
13.29 	under sections 148.9981 to 148.9995.
13.30 		Subd. 9.Practice of applied behavior analysis. (a) "Practice of applied behavior 
13.31 	analysis" means the design, implementation, and evaluation of social, instructional, and 
13.32 	environmental modifications to produce socially significant improvements in human behavior. 
14.1 	The practice of applied behavior analysis includes the empirical identification of functional 
14.2 	relations between behavior and environmental factors, known as functional behavioral 
14.3 	assessment and analysis. Applied behavior analysis interventions are based on scientific 
14.4 	research, direct and indirect observation, and measurement of behavior and environment 
14.5 	and utilize contextual factors, motivating operations, antecedent stimuli, positive 
14.6 	reinforcement, and other procedures to help individuals develop new behaviors, increase 
14.7 	or decrease existing behaviors, and emit behaviors under specific social, instructional, and 
14.8 	environmental conditions.
14.9 	(b) The practice of applied behavior analysis does not include the diagnosis of psychiatric 
14.10 	or mental health disorders, psychological testing, neuropsychology, psychotherapy, cognitive 
14.11 	therapy, sex therapy, hypnotherapy, psychoanalysis, or psychological counseling.

14.12 	EFFECTIVE DATE. This section is effective July 1, 2024.

14.13 	Sec. 2. [148.9982] DUTIES OF THE BOARD OF PSYCHOLOGY.
14.14 		Subdivision 1.General. The board, in consultation with the advisory council, must:
14.15 	(1) adopt and enforce standards for licensure, licensure renewal, and the regulation of 
14.16 	behavior analysts;
14.17 	(2) issue licenses to qualified individuals under sections 148.9981 to 148.9995;
14.18 	(3) carry out disciplinary actions against licensed behavior analysts;
14.19 	(4) educate the public about the existence and content of the regulations for behavior 
14.20 	analyst licensing to enable consumers to file complaints against licensees who may have 
14.21 	violated laws or rules the board is empowered to enforce; and
14.22 	(5) collect license fees for behavior analysts as specified under section 148.9995.
14.23 		Subd. 2.Rulemaking. The board, in consultation with the advisory council, may adopt 
14.24 	rules necessary to carry out the provisions of sections 148.9981 to 148.9995.

14.25 	EFFECTIVE DATE. This section is effective July 1, 2024.

14.26 	Sec. 3. [148.9983] REQUIREMENTS FOR LICENSURE.
14.27 		Subdivision 1.General. An individual seeking licensure as a behavior analyst must 
14.28 	complete and submit a written application on forms provided by the board together with 
14.29 	the appropriate fee as specified under section 148.9995.
15.1 		Subd. 2.Requirements for licensure. An applicant for licensure as a behavior analyst 
15.2 	must submit evidence satisfactory to the board that the applicant:
15.3 	(1) has a current and active national certification as a board-certified behavior analyst 
15.4 	issued by the certifying entity; or
15.5 	(2) has completed the equivalent requirements for certification by the certifying entity, 
15.6 	including satisfactorily passing a psychometrically valid examination administered by a 
15.7 	nationally accredited credentialing organization.
15.8 		Subd. 3.Background investigation. The applicant must complete a background check 
15.9 	pursuant to section 214.075.

15.10 	EFFECTIVE DATE. This section is effective July 1, 2024.

15.11 	Sec. 4. [148.9984] LICENSE RENEWAL REQUIREMENTS.
15.12 		Subdivision 1.Biennial renewal. A license must be renewed every two years.
15.13 		Subd. 2.License renewal notice. At least 60 calendar days before the renewal deadline 
15.14 	date, the board must mail a renewal notice to the licensee's last known address on file with 
15.15 	the board. The notice must include instructions for accessing an online application for license 
15.16 	renewal, the renewal deadline, and notice of fees required for renewal. The licensee's failure 
15.17 	to receive notice does not relieve the licensee of the obligation to meet the renewal deadline 
15.18 	and other requirements for license renewal.
15.19 		Subd. 3.Renewal requirements. (a) To renew a license, a licensee must submit to the 
15.20 	board:
15.21 	(1) a completed and signed application for license renewal;
15.22 	(2) the license renewal fee as specified under section 148.9995; and
15.23 	(3) evidence satisfactory to the board that the licensee holds a current and active national 
15.24 	certification as a behavior analyst from the certifying entity or otherwise meets renewal 
15.25 	requirements as established by the board, in consultation with the advisory council.
15.26 	(b) The application for license renewal and fee must be postmarked or received by the 
15.27 	board by the end of the day on which the license expires or the following business day if 
15.28 	the expiration date falls on a Saturday, Sunday, or holiday. A renewal application that is 
15.29 	not completed and signed, or that is not accompanied by the correct fee, is void and must 
15.30 	be returned to the licensee.
16.1 		Subd. 4.Pending renewal. If a licensee's application for license renewal is postmarked 
16.2 	or received by the board by the end of the business day on the expiration date of the license 
16.3 	or the following business day if the expiration date falls on a Saturday, Sunday, or holiday, 
16.4 	the licensee may continue to practice after the expiration date while the application for 
16.5 	license renewal is pending with the board.
16.6 		Subd. 5.Late renewal fee. If the application for license renewal is postmarked or 
16.7 	received after the expiration date of the license or the following business day if the expiration 
16.8 	date falls on a Saturday, Sunday, or holiday, the licensee must pay a biennial renewal late 
16.9 	fee as specified by section 148.9995, in addition to the renewal fee, before the licensee's 
16.10 	application for license renewal will be considered by the board.

16.11 	EFFECTIVE DATE. This section is effective July 1, 2024.

16.12 	Sec. 5. [148.9985] EXPIRED LICENSE.
16.13 	(a) Within 30 days after the renewal date, a licensee who has not renewed their license 
16.14 	must be notified by letter, sent to the last known address of the licensee in the board's file, 
16.15 	that the renewal is overdue and that failure to pay the current fee and current biennial renewal 
16.16 	late fee within 60 days after the renewal date will result in termination of the license.
16.17 	(b) The board must terminate the license of a licensee whose license renewal is at least 
16.18 	60 days overdue and to whom notification has been sent as provided in paragraph (a). Failure 
16.19 	of a licensee to receive notification is not grounds for later challenge of the termination. 
16.20 	The former licensee must be notified of the termination by letter within seven days after 
16.21 	board action, in the same manner as provided in paragraph (a).
16.22 	(c) Notwithstanding paragraph (b), the board retains jurisdiction over a former licensee 
16.23 	for complaints received after termination of a license regarding conduct that occurred during 
16.24 	licensure.

16.25 	EFFECTIVE DATE. This section is effective July 1, 2024.

16.26 	Sec. 6. [148.9986] PROHIBITED PRACTICE OR USE OF TITLES; PENALTY.
16.27 		Subdivision 1.Practice. Effective January 1, 2025, an individual must not engage in 
16.28 	the practice of applied behavior analysis unless the individual is licensed under sections 
16.29 	148.9981 to 148.9995 as a behavior analyst or is exempt under section 148.9987. A 
16.30 	psychologist licensed under sections 148.88 to 148.981 who practices behavior analysis is 
16.31 	not required to obtain a license as a behavior analyst under sections 148.9981 to 148.9995.
17.1 		Subd. 2.Use of titles. (a) An individual must not use a title incorporating the words 
17.2 	"licensed behavior analyst," or "behavior analyst," or use any other title or description stating 
17.3 	or implying that they are licensed or otherwise qualified to practice applied behavior analysis, 
17.4 	unless that person holds a valid license under sections 148.9981 to 148.9995.
17.5 	(b) Notwithstanding paragraph (a), a licensed psychologist who practices applied behavior 
17.6 	analysis within the psychologist's scope of practice may use the title "behavior analyst," but 
17.7 	must not use the title "licensed behavior analyst" unless the licensed psychologist holds a 
17.8 	valid license as a behavior analyst issued under sections 148.9981 to 148.9995.
17.9 		Subd. 3.Penalty. An individual who violates this section is guilty of a misdemeanor.

17.10 	EFFECTIVE DATE. This section is effective July 1, 2024.

17.11 	Sec. 7. [148.9987] EXCEPTIONS TO LICENSE REQUIREMENT.
17.12 	(a) Sections 148.9981 to 148.9995 must not be construed to prohibit or restrict:
17.13 	(1) the practice of an individual who is licensed to practice psychology in the state or 
17.14 	an individual who is providing psychological services under the supervision of a licensed 
17.15 	psychologist in accordance with section 148.925;
17.16 	(2) the practice of any other profession or occupation licensed, certified, or registered 
17.17 	by the state by an individual duly licensed, certified, or registered to practice the profession 
17.18 	or occupation or to perform any act that falls within the scope of practice of the profession 
17.19 	or occupation;
17.20 	(3) an individual who is employed by a school district from providing behavior analysis 
17.21 	services as part of the individual's employment with the school district, so long as the 
17.22 	individual does not provide behavior analysis services to any person or entity other than as 
17.23 	an employee of the school district or accept remuneration for the provision of behavior 
17.24 	analysis services outside of the individual's employment with the school district;
17.25 	(4) an employee of a program licensed under chapter 245D from providing the services 
17.26 	described in section 245D.091, subdivision 1;
17.27 	(5) teaching behavior analysis or conducting behavior analysis research if the teaching 
17.28 	or research does not involve the direct delivery of behavior analysis services;
17.29 	(6) providing behavior analysis services by an unlicensed supervisee or trainee under 
17.30 	the authority and direction of a licensed behavior analyst and in compliance with the licensure 
17.31 	and supervision standards required by law or rule;
18.1 	(7) a family member or guardian of the recipient of behavior analysis services from 
18.2 	performing behavior analysis services under the authority and direction of a licensed behavior 
18.3 	analyst; or
18.4 	(8) students or interns enrolled in an accredited school or educational program, or 
18.5 	participating in a behavior analysis practicum, from engaging in the practice of applied 
18.6 	behavior analysis while supervised by a licensed behavior analyst or instructor of an 
18.7 	accredited school or educational program. These individuals must be designated as a behavior 
18.8 	analyst student or intern.
18.9 	(b) Notwithstanding paragraph (a), a licensed psychologist may supervise an unlicensed 
18.10 	supervisee, trainee, student, or intern who is engaged in the practice of behavior analysis if 
18.11 	the supervision is authorized under the Minnesota Psychology Practice Act.

18.12 	EFFECTIVE DATE. This section is effective July 1, 2024.

18.13 	Sec. 8. [148.9988] NONTRANSFERABILITY OF LICENSES.
18.14 	A behavior analyst license is not transferable.

18.15 	EFFECTIVE DATE. This section is effective July 1, 2024.

18.16 	Sec. 9. [148.9989] DUTY TO MAINTAIN CURRENT INFORMATION.
18.17 	All licensees and applicants for licensure must notify the board within 30 days of the 
18.18 	occurrence of:
18.19 	(1) a change of name, address, place of employment, or home or business telephone 
18.20 	number; or
18.21 	(2) a change in any other application information.

18.22 	EFFECTIVE DATE. This section is effective July 1, 2024.

18.23 	Sec. 10. [148.999] DISCIPLINE; REPORTING.
18.24 	For purposes of sections 148.9981 to 148.9995, behavior analysts are subject to the 
18.25 	provisions of sections 148.941, 148.952 to 148.965, and 148.98.

18.26 	EFFECTIVE DATE. This section is effective July 1, 2024.

19.1 	Sec. 11. [148.9991] COMPETENT PROVISION OF SERVICES.
19.2 		Subdivision 1.Limits on practice. Behavior analysts must limit practice to the client 
19.3 	populations and services for which the behavior analysts have competence or for which the 
19.4 	behavior analysts are developing competence.
19.5 		Subd. 2.Developing competence. When a behavior analyst is developing competence 
19.6 	in a service, method, or procedure, or is developing competence to treat a specific client 
19.7 	population, the behavior analyst must obtain professional education, training, continuing 
19.8 	education, consultation, supervision or experience, or a combination thereof, necessary to 
19.9 	demonstrate competence.
19.10 		Subd. 3.Limitations. A behavior analyst must recognize the limitations to the scope of 
19.11 	practice of applied behavior analysis. When the needs of a client appear to be outside the 
19.12 	behavior analyst's scope of practice, the behavior analyst must inform the client that there 
19.13 	may be other professional, technical, community, and administrative resources available to 
19.14 	the client. A behavior analyst must assist with identifying resources when it is in the best 
19.15 	interest of a client to be provided with alternative or complementary services.
19.16 		Subd. 4.Burden of proof. Whenever a complaint is submitted to the board involving 
19.17 	a violation of this section, the burden of proof is on the behavior analyst to demonstrate that 
19.18 	the elements of competence have been reasonably met.

19.19 	EFFECTIVE DATE. This section is effective July 1, 2024.

19.20 	Sec. 12. [148.9992] DUTY TO WARN; LIMITATION ON LIABILITY; VIOLENT 
19.21 	BEHAVIOR OF PATIENT.
19.22 		Subdivision 1.Definitions. (a) For the purposes of this section, the terms in this 
19.23 	subdivision have the meanings given.
19.24 	(b) "Other person" means an immediate family member or someone who personally 
19.25 	knows the client and has reason to believe the client is capable of and will carry out a serious, 
19.26 	specific threat of harm to a specific, clearly identified or identifiable victim.
19.27 	(c) "Reasonable efforts" means communicating a serious, specific threat to the potential 
19.28 	victim and, if unable to make contact with the potential victim, communicating the serious, 
19.29 	specific threat to the law enforcement agency closest to the potential victim or the client.
19.30 	(d) "Licensee" has the meaning given in section 148.9981 and includes behavior analysis 
19.31 	students, interns, and unlicensed supervisees who are participating in a behavior analysis 
19.32 	practicum or enrolled in an accredited school or educational program.
20.1 		Subd. 2.Duty to warn. The duty to predict, warn of, or take reasonable precautions to 
20.2 	provide protection from violent behavior arises only when a client or other person has 
20.3 	communicated to the licensee a specific, serious threat of physical violence against a specific, 
20.4 	clearly identified or identifiable potential victim. If a duty to warn arises, the duty is 
20.5 	discharged by the licensee if reasonable efforts are made to communicate the threat.
20.6 		Subd. 3.Liability standard. If no duty to warn exists under subdivision 2, then no 
20.7 	monetary liability and no cause of action may arise against a licensee for failure to predict, 
20.8 	warn of, or take reasonable precautions to provide protection from a client's violent behavior.
20.9 		Subd. 4.Disclosure of confidences. Good faith compliance with the duty to warn must 
20.10 	not constitute a breach of confidence and must not result in monetary liability or a cause of 
20.11 	action against the licensee.
20.12 		Subd. 5.Continuity of care. Subdivision 2 must not be construed to authorize a licensee 
20.13 	to terminate treatment of a client as a direct result of a client's violent behavior or threat of 
20.14 	physical violence unless the client is referred to another practitioner or appropriate health 
20.15 	care facility.
20.16 		Subd. 6.Exception. This section does not apply to a threat to commit suicide or other 
20.17 	threats by a client to harm the client, or to a threat by a client who is adjudicated as a person 
20.18 	who has a mental illness and is dangerous to the public under chapter 253B.
20.19 		Subd. 7.Optional disclosure. This section must not be construed to prohibit a licensee 
20.20 	from disclosing confidences to third parties in a good faith effort to warn or take precautions 
20.21 	against a client's violent behavior or threat to commit suicide for which a duty to warn does 
20.22 	not arise.
20.23 		Subd. 8.Limitation on liability. No monetary liability and no cause of action or 
20.24 	disciplinary action by the board may arise against a licensee for disclosure of confidences 
20.25 	to third parties, for failure to disclose confidences to third parties, or for erroneous disclosure 
20.26 	of confidences to third parties in a good faith effort to warn against or take precautions 
20.27 	against a client's violent behavior or threat of suicide for which a duty to warn does not 
20.28 	arise.

20.29 	EFFECTIVE DATE. This section is effective July 1, 2024.

20.30 	Sec. 13. [148.9993] INFORMED CONSENT.
20.31 		Subdivision 1.Obtaining informed consent for services. A behavior analyst must 
20.32 	obtain informed consent from the client or the client's legal guardian before initiating 
21.1 	services. The informed consent must be in writing, signed by the client, and include, at a 
21.2 	minimum, the following:
21.3 	(1) consent for the behavior analyst to engage in activities that directly affect the client;
21.4 	(2) the goals, purposes, and procedures of the proposed services;
21.5 	(3) the factors that may impact the duration of the proposed services;
21.6 	(4) the applicable fee schedule for the proposed services;
21.7 	(5) the significant risks and benefits of the proposed services;
21.8 	(6) the behavior analyst's limits under section 148.9991, including, if applicable, 
21.9 	information that the behavior analyst is developing competence in the proposed service, 
21.10 	method, or procedure, and alternatives to the proposed service, if any; and
21.11 	(7) the behavior analyst's responsibilities if the client terminates the service.
21.12 		Subd. 2.Updating informed consent. If there is a substantial change in the nature or 
21.13 	purpose of a service, the behavior analyst must obtain a new informed consent from the 
21.14 	client.
21.15 		Subd. 3.Emergency or crisis services. Informed consent is not required when a behavior 
21.16 	analyst is providing emergency or crisis services. If services continue after the emergency 
21.17 	or crisis has abated, informed consent must be obtained.

21.18 	EFFECTIVE DATE. This section is effective July 1, 2024.

21.19 	Sec. 14. [148.9994] BEHAVIOR ANALYST ADVISORY COUNCIL.
21.20 		Subdivision 1.Membership. The Behavior Analyst Advisory Council is created and 
21.21 	composed of five members appointed by the board. The advisory council consists of:
21.22 	(1) one public member as defined in section 214.02;
21.23 	(2) three members who are licensed behavior analysts; and
21.24 	(3) one member who is a licensed psychologist and, to the extent practicable, who 
21.25 	practices applied behavior analysis.
21.26 		Subd. 2.Administration. The advisory council is established and administered under 
21.27 	section 15.059, except that the advisory council does not expire.
21.28 		Subd. 3.Duties. The advisory council must:
21.29 	(1) advise the board regarding standards for behavior analysts;
22.1 	(2) assist with the distribution of information regarding behavior analyst standards;
22.2 	(3) advise the board on enforcement of sections 148.9981 to 148.9995;
22.3 	(4) review license applications and license renewal applications and make 
22.4 	recommendations to the board;
22.5 	(5) review complaints and complaint investigation reports and make recommendations 
22.6 	to the board on whether disciplinary action should be taken and, if applicable, what type;
22.7 	(6) advise the board regarding evaluation and treatment protocols; and
22.8 	(7) perform other duties authorized for advisory councils under chapter 214 as directed 
22.9 	by the board to ensure effective oversight of behavior analysts.

22.10 	EFFECTIVE DATE. This section is effective July 1, 2024.

22.11 	Sec. 15. [148.9995] FEES.
22.12 		Subdivision 1.Fees. All applicants and licensees must pay fees as follows:
22.13 	(1) application fee, $225;
22.14 	(2) license renewal fee, $225;
22.15 	(3) inactive license renewal fee, $125;
22.16 	(4) biennial renewal late fee, $100;
22.17 	(5) inactive license renewal late fee, $100; and
22.18 	(6) supervisor application processing fee, $225.
22.19 		Subd. 2.Nonrefundable fees. All fees in this section are nonrefundable.
22.20 		Subd. 3.Deposit of fees. Fees collected by the board under this section must be deposited 
22.21 	in the state government special revenue fund.

22.22 	EFFECTIVE DATE. This section is effective July 1, 2024.

22.23 	Sec. 16. INITIAL BEHAVIOR ANALYST ADVISORY COUNCIL.
 22.24 	The Board of Psychology must make the first appointments to the Behavior Analyst 
22.25 	Advisory Council authorized under Minnesota Statutes, section 148.9994, by September 1, 
22.26 	2024. The initial behavior analysts appointed to the advisory council need not be licensed 
22.27 	under Minnesota Statutes, sections 148.9981 to 148.9995, but must hold a current and active 
22.28 	national certification as a board certified behavior analyst. The chair of the Board of 
22.29 	Psychology must convene the first meeting of the council by September 1, 2024, and must 
23.1 	convene subsequent meetings of the council until an advisory chair is elected. The council 
23.2 	must elect a chair from its members by the third meeting of the council.

23.3 	EFFECTIVE DATE. This section is effective July 1, 2024.

23.4 	ARTICLE 3
23.5 	BOARD OF VETERINARY MEDICINE

23.6 	Section 1. Minnesota Statutes 2022, section 156.001, is amended by adding a subdivision 
23.7 	to read:
23.8 		Subd. 5a.Direct supervision. "Direct supervision" means:
23.9 	(1) when a supervising veterinarian or licensed veterinary technician is in the immediate 
23.10 	area and within audible or visual range of an animal and the unlicensed veterinary employee 
23.11 	treating the animal;
23.12 	(2) the supervising veterinarian has met the requirements of a veterinarian-client-patient 
23.13 	relationship under section 156.16, subdivision 12; and
23.14 	(3) the supervising veterinarian assumes responsibility for the professional care given 
23.15 	to an animal by a person working under the veterinarian's direction.

23.16 	EFFECTIVE DATE. This section is effective July 1, 2026.

23.17 	Sec. 2. Minnesota Statutes 2022, section 156.001, is amended by adding a subdivision to 
23.18 	read:
23.19 		Subd. 7a.Licensed veterinary technician. "Licensed veterinary technician" means a 
23.20 	person licensed by the board under section 156.077.

23.21 	EFFECTIVE DATE. This section is effective July 1, 2026.

23.22 	Sec. 3. Minnesota Statutes 2022, section 156.001, is amended by adding a subdivision to 
23.23 	read:
23.24 		Subd. 10b.Remote supervision. "Remote supervision" means:
23.25 	(1) a veterinarian is not on the premises but is acquainted with the keeping and care of 
23.26 	an animal by virtue of an examination of the animal or medically appropriate and timely 
23.27 	visits to the premises where the animal is kept;
24.1 	(2) the veterinarian has given written or oral instructions to a licensed veterinary 
24.2 	technician for ongoing care of an animal and is available by telephone or other form of 
24.3 	immediate communication; and
24.4 	(3) the employee treating the animal timely enters into the animal's medical record 
24.5 	documentation of the treatment provided and the documentation is reviewed by the 
24.6 	veterinarian.

24.7 	EFFECTIVE DATE. This section is effective July 1, 2026.

24.8 	Sec. 4. Minnesota Statutes 2022, section 156.001, is amended by adding a subdivision to 
24.9 	read:
24.10 		Subd. 12.Veterinary technology. "Veterinary technology" means the science and 
24.11 	practice of providing professional support to veterinarians, including the direct supervision 
24.12 	of unlicensed veterinary employees. Veterinary technology does not include veterinary 
24.13 	diagnosis, prognosis, surgery, or medication prescription.

24.14 	EFFECTIVE DATE. This section is effective July 1, 2026.

24.15 	Sec. 5. Minnesota Statutes 2022, section 156.07, is amended to read:
24.16 	156.07 LICENSE RENEWAL.
24.17 	Persons licensed under this chapter shall conspicuously display their license in their 
24.18 	principal place of business.
24.19 	Persons now qualified to practice veterinary medicine licensed in this state, or who shall 
24.20 	hereafter be licensed by the Board of Veterinary Medicine to engage in the practice as 
24.21 	veterinarians or veterinary technicians, shall periodically renew their license in a manner 
24.22 	prescribed by the board. The board shall establish license renewal fees and continuing 
24.23 	education requirements. The board may establish, by rule, an inactive license category, at 
24.24 	a lower fee, for licensees not actively engaged in the practice of veterinary medicine or 
24.25 	veterinary technology within the state of Minnesota. The board may assess a charge for 
24.26 	delinquent payment of a renewal fee.
24.27 	Any person who is licensed to practice veterinary medicine or veterinary technology in 
24.28 	this state pursuant to this chapter, shall be entitled to receive a license to continue to practice 
24.29 	upon making application to the board and complying with the terms of this section and rules 
24.30 	of the board.

24.31 	EFFECTIVE DATE. This section is effective July 1, 2026.

25.1 	Sec. 6. [156.0721] INSTITUTIONAL LICENSURE.
25.2 		Subdivision 1.Application and eligibility. (a) Any person who seeks to practice 
25.3 	veterinary medicine while employed by the University of Minnesota and who is not eligible 
25.4 	for a regular license shall make a written application to the board for an institutional license 
25.5 	using forms provided for that purpose or in a format accepted by the board. The board shall 
25.6 	issue an institutional license to practice veterinary medicine to an applicant who:
25.7 	(1) has obtained the degree of doctor of veterinary medicine or its equivalent from a 
25.8 	nonaccredited college of veterinary medicine. A graduate from an accredited college and 
25.9 	an applicant who has earned ECFVG or PAVE certificates should apply for a regular license 
25.10 	to practice veterinary medicine;
25.11 	(2) has passed the Minnesota Veterinary Jurisprudence Examination;
25.12 	(3) is a person of good moral character, as attested by five notarized reference letters 
25.13 	from adults not related to the applicant, at least two of whom are licensed veterinarians in 
25.14 	the jurisdiction where the applicant is currently practicing or familiar with the applicant's 
25.15 	clinical abilities as evidenced in clinical rotations;
25.16 	(4) has paid the license application fee;
25.17 	(5) provides proof of employment by the University of Minnesota;
25.18 	(6) certifies that the applicant understands and agrees that the institutional license is 
25.19 	valid only for the practice of veterinary medicine associated with the applicant's employment 
25.20 	as a faculty member, intern, resident, or locum of the University of Minnesota College of 
25.21 	Veterinary Medicine or other unit of the University of Minnesota;
25.22 	(7) provides proof of graduation from a veterinary college;
25.23 	(8) completed a criminal background check as defined in section 214.075; and
25.24 	(9) provides other information and proof as the board may require by rules and 
25.25 	regulations.
25.26 	(b) The University of Minnesota may submit the applications of its employees who seek 
25.27 	an institutional license in a compiled format acceptable to the board, with any license 
25.28 	application fees in a single form of payment.
25.29 	(c) The fee for a license issued under this subdivision is the same as for a regular license 
25.30 	to practice veterinary medicine in the state. License payment and renewal deadlines, late 
25.31 	payment fees, and other license requirements are also the same as for a regular license to 
25.32 	practice veterinary medicine.
26.1 	(d) The University of Minnesota may be responsible for timely payment of renewal fees 
26.2 	and submission of renewal forms.
26.3 		Subd. 2.Scope of practice. (a) An institutional license holder may practice veterinary 
26.4 	medicine only as related to the license holder's regular function at the University of 
26.5 	Minnesota. A person holding only an institutional license in this state must be remunerated 
26.6 	for the practice of veterinary medicine in the state solely from state, federal, or institutional 
26.7 	funds and not from the patient-owner beneficiary of the license holder's practice efforts.
26.8 	(b) A license issued under this section must be canceled by the board upon receipt of 
26.9 	information from the University of Minnesota that the holder of the license has left or is 
26.10 	otherwise no longer employed at the University of Minnesota in this state.
26.11 	(c) An institutional license holder must abide by all laws governing the practice of 
26.12 	veterinary medicine in the state and is subject to the same disciplinary action as any other 
26.13 	veterinarian licensed in the state.

26.14 	EFFECTIVE DATE. This section is effective July 1, 2025.

26.15 	Sec. 7. [156.076] DIRECT SUPERVISION; UNLICENSED VETERINARY 
26.16 	EMPLOYEES.
26.17 	(a) An unlicensed veterinary employee may only administer medication or render 
26.18 	auxiliary or supporting assistance under the direct supervision of a licensed veterinarian or 
26.19 	licensed veterinary technician.
26.20 	(b) This section does not prohibit:
26.21 	(1) the performance of generalized nursing tasks ordered by the veterinarian and 
26.22 	performed by an unlicensed employee on inpatient animals during the hours when a 
26.23 	veterinarian is not on the premises; or
26.24 	(2) under emergency conditions, an unlicensed employee from rendering lifesaving aid 
26.25 	and treatment to an animal in the absence of a veterinarian if the animal is in a life-threatening 
26.26 	condition and requires immediate treatment to sustain life or prevent further injury.

26.27 	EFFECTIVE DATE. This section is effective July 1, 2026.

26.28 	Sec. 8. [156.077] LICENSED VETERINARY TECHNICIANS.
26.29 		Subdivision 1.Licensure; practice. (a) The board shall issue a license to practice as a 
26.30 	veterinary technician to an applicant who satisfies the requirements in this section and those 
26.31 	imposed by the board in rule. A licensed veterinary technician may practice veterinary 
27.1 	technology. A person may not use the title "veterinary technician" or the abbreviation "LVT" 
27.2 	unless licensed by the board.
27.3 	(b) The board may adopt by rule additional or temporary alternative licensure 
27.4 	requirements or definitions for veterinary technician titles.
27.5 		Subd. 2.Applicants; qualifications. Application for a license to practice veterinary 
27.6 	technology in this state shall be made to the board on a form furnished by the board and 
27.7 	accompanied by evidence satisfactory to the board that the applicant is at least 18 years of 
27.8 	age, is of good moral character, and has:
27.9 	(1) graduated from a veterinary technology program accredited or approved by the 
27.10 	American Veterinary Medical Association or Canadian Veterinary Medical Association;
27.11 	(2) received a passing score for the Veterinary Technician National Examination;
27.12 	(3) received a passing score for the Minnesota Veterinary Technician Jurisprudence 
27.13 	Examination; and
27.14 	(4) completed a criminal background check.
27.15 		Subd. 3.Required with application. A completed application must contain the following 
27.16 	information and material:
27.17 	(1) the application fee set by the board, which is not refundable if permission to take the 
27.18 	jurisprudence examination is denied for good cause;
27.19 	(2) proof of graduation from a veterinary technology program accredited or approved 
27.20 	by the American Veterinary Medical Association or Canadian Veterinary Medical 
27.21 	Association;
27.22 	(3) affidavits from at least two licensed veterinarians and three adults who are not related 
27.23 	to the applicant that establish how long, when, and under what circumstances the references 
27.24 	have known the applicant and any other facts that may enable the board to determine the 
27.25 	applicant's qualifications; and
27.26 	(4) if the applicant has served in the armed forces, a copy of the applicant's discharge 
27.27 	papers.
27.28 		Subd. 4.Temporary alternative qualifications. (a) The board shall consider an 
27.29 	application for licensure submitted by a person before July 1, 2031, if the person provides 
27.30 	evidence satisfactory to the board that the person:
27.31 	(1) is a certified veterinary technician in good standing with the Minnesota Veterinary 
27.32 	Medical Association; or
28.1 	(2) has at least 4,160 hours actively engaged in the practice of veterinary technology 
28.2 	within the previous five years.
28.3 	(b) Each applicant under this subdivision must also submit to the board affidavits from 
28.4 	at least two licensed veterinarians and three adults who are not related to the applicant that 
28.5 	establish how long, when, and under what circumstances the references have known the 
28.6 	applicant and any other facts that may enable the board to determine the applicant's 
28.7 	qualifications.

28.8 	EFFECTIVE DATE. This section is effective July 1, 2026.

28.9 	Sec. 9. [156.078] NONRESIDENTS; LICENSED VETERINARY TECHNICIANS.
28.10 	A credentialed veterinary technician duly admitted to practice in any state, 
28.11 	commonwealth, territory, or district of the United States or province of Canada who desires 
28.12 	permission to practice veterinary technology in this state shall submit an application to the 
28.13 	board on a form furnished by the board. The board shall review an application for transfer 
28.14 	if the applicant submits:
28.15 	(1) a copy of a diploma from an accredited or approved college of veterinary technology 
28.16 	or certification from the dean, registrar, or secretary of an accredited or approved college 
28.17 	of veterinary technology or a certificate of satisfactory completion of the PAVE program;
28.18 	(2) if requesting waiver of examination, evidence of meeting licensure requirements in 
28.19 	the state of the applicant's original licensure;
28.20 	(3) affidavits of two licensed practicing doctors of veterinary medicine or veterinary 
28.21 	technicians residing in the United States or Canadian licensing jurisdiction in which the 
28.22 	applicant is or was most recently practicing, attesting that they are well acquainted with the 
28.23 	applicant, that the applicant is a person of good moral character, and that the applicant has 
28.24 	been actively engaged in practicing or teaching in such jurisdiction;
28.25 	(4) a certificate from the agency that regulates the conduct of practice of veterinary 
28.26 	technology in the jurisdiction in which the applicant is or was most recently practicing, 
28.27 	stating that the applicant is in good standing and is not the subject of disciplinary action or 
28.28 	pending disciplinary action;
28.29 	(5) a certificate from all other jurisdictions in which the applicant holds a currently active 
28.30 	license or held a license within the past ten years, stating that the applicant is and was in 
28.31 	good standing and has not been subject to disciplinary action;
29.1 	(6) in lieu of the certificates in clauses (4) and (5), certification from the Veterinary 
29.2 	Information Verification Agency that the applicant's licensure is in good standing;
29.3 	(7) a fee as set by the board in form of check or money order payable to the board, no 
29.4 	part of which shall be refunded should the application be denied;
29.5 	(8) score reports on previously taken national examinations in veterinary technology, 
29.6 	certified by the Veterinary Information Verification Agency or evidence of employment as 
29.7 	a veterinary technician for at least three years;
29.8 	(9) proof that the applicant received a passing score for the Minnesota Veterinary 
29.9 	Technician Jurisprudence Examination; and
29.10 	(10) proof of a completed criminal background check.

29.11 	EFFECTIVE DATE. This section is effective July 1, 2026.

29.12 	Sec. 10. Minnesota Statutes 2022, section 156.12, subdivision 2, is amended to read:
29.13 		Subd. 2.Authorized activities. No provision of this chapter shall be construed to prohibit:
29.14 	(a) a person from rendering necessary gratuitous assistance in the treatment of any animal 
29.15 	when the assistance does not amount to prescribing, testing for, or diagnosing, operating, 
29.16 	or vaccinating and when the attendance of a licensed veterinarian cannot be procured;
29.17 	(b) a person who is a regular student in an accredited or approved college of veterinary 
29.18 	medicine from performing duties or actions assigned by instructors or preceptors or working 
29.19 	under the direct supervision of a licensed veterinarian;
29.20 	(c) a veterinarian regularly licensed in another jurisdiction from consulting with a licensed 
29.21 	veterinarian in this state;
29.22 	(d) the owner of an animal and the owner's regular employee from caring for and 
29.23 	administering to the animal belonging to the owner, except where the ownership of the 
29.24 	animal was transferred for purposes of circumventing this chapter;
29.25 	(e) veterinarians who are in compliance with subdivision 6 section 156.0721 and who 
29.26 	are employed by the University of Minnesota from performing their duties with the College 
29.27 	of Veterinary Medicine, College of Agriculture, Veterinary Diagnostic Laboratory,
29.28 	Agricultural Experiment Station, Agricultural Extension Service, Medical School, School 
29.29 	of Public Health, School of Nursing, or other unit within the university; or a person from 
29.30 	lecturing or giving instructions or demonstrations at the university or in connection with a 
29.31 	continuing education course or seminar to veterinarians or pathologists at the University of 
29.32 	Minnesota Veterinary Diagnostic Laboratory;
30.1 	(f) any person from selling or applying any pesticide, insecticide or herbicide;
30.2 	(g) any person from engaging in bona fide scientific research or investigations which 
30.3 	reasonably requires experimentation involving animals;
30.4 	(h) any employee of a licensed veterinarian from performing duties other than diagnosis, 
30.5 	prescription or surgical correction under the direction and supervision of the veterinarian, 
30.6 	who shall be responsible for the performance of the employee;
30.7 	(i) a graduate of a foreign college of veterinary medicine from working under the direct 
30.8 	personal instruction, control, or supervision of a veterinarian faculty member of the College 
30.9 	of Veterinary Medicine, University of Minnesota in order to complete the requirements 
30.10 	necessary to obtain an ECFVG or PAVE certificate;
30.11 	(j) a licensed chiropractor registered under section 148.01, subdivision 1a, from practicing 
30.12 	animal chiropractic; or
30.13 	(k) a person certified by the Emergency Medical Services Regulatory Board under 
30.14 	chapter 144E from providing emergency medical care to a police dog wounded in the line 
30.15 	of duty.

30.16 	EFFECTIVE DATE. This section is effective July 1, 2025.

30.17 	Sec. 11. Minnesota Statutes 2022, section 156.12, subdivision 4, is amended to read:
30.18 		Subd. 4.Titles. It is unlawful for a person who has not received a professional degree 
30.19 	from an accredited or approved college of veterinary medicine, or ECFVG or PAVE 
30.20 	certification, or an institutional license under section 156.0721 to use any of the following 
30.21 	titles or designations: Veterinary, veterinarian, animal doctor, animal surgeon, animal dentist, 
30.22 	animal chiropractor, animal acupuncturist, or any other title, designation, word, letter, 
30.23 	abbreviation, sign, card, or device tending to indicate that the person is qualified to practice 
30.24 	veterinary medicine.

30.25 	EFFECTIVE DATE. This section is effective July 1, 2025.

30.26 	Sec. 12. REPEALER.
 30.27 	Minnesota Statutes 2022, section 156.12, subdivision 6, is repealed.

30.28 	EFFECTIVE DATE. This section is effective July 1, 2025.

31.1 	ARTICLE 4
31.2 	BOARD OF DENTISTRY

31.3 	Section 1. Minnesota Statutes 2022, section 150A.06, subdivision 1c, is amended to read:
31.4 		Subd. 1c.Specialty dentists. (a) The board may grant one or more specialty licenses in 
31.5 	the specialty areas of dentistry that are recognized by the Commission on Dental 
31.6 	Accreditation.
31.7 	(b) An applicant for a specialty license shall:
31.8 	(1) have successfully completed a postdoctoral specialty program accredited by the 
31.9 	Commission on Dental Accreditation, or have announced a limitation of practice before 
31.10 	1967;
31.11 	(2) have been certified by a specialty board approved by the Minnesota Board of 
31.12 	Dentistry, or provide evidence of having passed a clinical examination for licensure required 
31.13 	for practice in any state or Canadian province, or in the case of oral and maxillofacial 
31.14 	surgeons only, have a Minnesota medical license in good standing;
31.15 	(3) have been in active practice or a postdoctoral specialty education program or United 
31.16 	States government service at least 2,000 hours in the 36 months prior to applying for a 
31.17 	specialty license;
31.18 	(4) if requested by the board, be interviewed by a committee of the board, which may 
31.19 	include the assistance of specialists in the evaluation process, and satisfactorily respond to 
31.20 	questions designed to determine the applicant's knowledge of dental subjects and ability to 
31.21 	practice;
31.22 	(5) if requested by the board, present complete records on a sample of patients treated 
31.23 	by the applicant. The sample must be drawn from patients treated by the applicant during 
31.24 	the 36 months preceding the date of application. The number of records shall be established 
31.25 	by the board. The records shall be reasonably representative of the treatment typically 
31.26 	provided by the applicant for each specialty area;
31.27 	(6) at board discretion, pass a board-approved English proficiency test if English is not 
31.28 	the applicant's primary language;
31.29 	(7) pass all components of the National Board Dental Examinations;
31.30 	(8) pass the Minnesota Board of Dentistry jurisprudence examination;
31.31 	(9) abide by professional ethical conduct requirements; and
31.32 	(10) meet all other requirements prescribed by the Board of Dentistry.
32.1 	(c) The application must include:
32.2 	(1) a completed application furnished by the board;
32.3 	(2) a nonrefundable fee; and
32.4 	(3) a copy of the applicant's government-issued photo identification card.
32.5 	(d) A specialty dentist holding one or more specialty licenses is limited to practicing in 
32.6 	the dentist's designated specialty area or areas. The scope of practice must be defined by 
32.7 	each national specialty board recognized by the Commission on Dental Accreditation.
32.8 	(e) A specialty dentist holding a general dental license is limited to practicing in the 
32.9 	dentist's designated specialty area or areas if the dentist has announced a limitation of 
32.10 	practice. The scope of practice must be defined by each national specialty board recognized 
32.11 	by the Commission on Dental Accreditation.
32.12 	(f) (e) All specialty dentists who have fulfilled the specialty dentist requirements and 
32.13 	who intend to limit their practice to a particular specialty area or areas may apply for one 
32.14 	or more specialty licenses.

32.15 	Sec. 2. Minnesota Statutes 2022, section 150A.06, subdivision 8, is amended to read:
32.16 		Subd. 8.Licensure by credentials; dental assistant. (a) Any dental assistant may, upon 
32.17 	application and payment of a fee established by the board, apply for licensure based on an 
32.18 	evaluation of the applicant's education, experience, and performance record in lieu of 
32.19 	completing a board-approved dental assisting program for expanded functions as defined 
32.20 	in rule, and may be interviewed by the board to determine if the applicant:
32.21 	(1) has graduated from an accredited dental assisting program accredited by the 
32.22 	Commission on Dental Accreditation and or is currently certified by the Dental Assisting 
32.23 	National Board;
32.24 	(2) is not subject to any pending or final disciplinary action in another state or Canadian 
32.25 	province, or if not currently certified or registered, previously had a certification or 
32.26 	registration in another state or Canadian province in good standing that was not subject to 
32.27 	any final or pending disciplinary action at the time of surrender;
32.28 	(3) is of good moral character and abides by professional ethical conduct requirements;
32.29 	(4) at board discretion, has passed a board-approved English proficiency test if English 
32.30 	is not the applicant's primary language; and
33.1 	(5) has met all expanded functions curriculum equivalency requirements of a Minnesota 
33.2 	board-approved dental assisting program.
33.3 	(b) The board, at its discretion, may waive specific licensure requirements in paragraph 
33.4 	(a).
33.5 	(c) An applicant who fulfills the conditions of this subdivision and demonstrates the 
33.6 	minimum knowledge in dental subjects required for licensure under subdivision 2a must 
33.7 	be licensed to practice the applicant's profession.
33.8 	(d) If the applicant does not demonstrate the minimum knowledge in dental subjects 
33.9 	required for licensure under subdivision 2a, the application must be denied. If licensure is 
33.10 	denied, the board may notify the applicant of any specific remedy that the applicant could 
33.11 	take which, when passed, would qualify the applicant for licensure. A denial does not 
33.12 	prohibit the applicant from applying for licensure under subdivision 2a.
33.13 	(e) A candidate whose application has been denied may appeal the decision to the board 
33.14 	according to subdivision 4a.

33.15 	ARTICLE 5
33.16 	PHYSICIAN ASSISTANT PRACTICE

33.17 	Section 1. REPEALER.
 33.18 	Minnesota Statutes 2022, section 147A.09, subdivision 5, is repealed.

33.19 	ARTICLE 6
33.20 	BOARD OF SOCIAL WORK

33.21 	Section 1. Minnesota Statutes 2022, section 148D.061, subdivision 1, is amended to read:
33.22 		Subdivision 1.Requirements for a provisional license. An applicant may be issued a 
33.23 	provisional license if the applicant:
33.24 	(1) was born in a foreign country;
33.25 	(2) communicates in English as a second language;
33.26 	(3) has taken the applicable examination administered by the Association of Social Work 
33.27 	Boards or similar examination body designated by the board;
33.28 	(4)(1) has met the requirements of section 148E.055, subdivision 2, paragraph (a),
33.29 	clauses (1), (3), (4), (5), and (6); or subdivision 3, paragraph (a), clauses (1), (3), (4), (5), 
34.1 	and (6); or subdivision 4, paragraph (a), clauses (1), (2), (4), (5), (6), and (7); or subdivision 
34.2 	5, paragraph (a), clauses (1), (2), (3), (5), (6), (7), and (8); and
34.3 	(5) (2) complies with the requirements of subdivisions 2 to 7.

34.4 	EFFECTIVE DATE. This section is effective October 1, 2024.

34.5 	Sec. 2. Minnesota Statutes 2022, section 148D.061, subdivision 8, is amended to read:
34.6 		Subd. 8.Disciplinary or other action. A licensee who is issued a provisional license 
34.7 	is subject to the grounds for disciplinary action under section 148E.190. The board may 
34.8 	also take action according to sections 148E.260 to 148E.270 if:
34.9 	(1) the licensee's supervisor does not submit an evaluation as required by section 
34.10 	148D.063;
34.11 	(2) an evaluation submitted according to section 148D.063 indicates that the licensee 
34.12 	cannot practice social work competently and ethically; or
34.13 	(3) the licensee does not comply with the requirements of subdivisions 1 to 7.

34.14 	EFFECTIVE DATE. This section is effective October 1, 2024.

34.15 	Sec. 3. Minnesota Statutes 2022, section 148D.062, subdivision 3, is amended to read:
34.16 		Subd. 3.Types of supervision. (a) Twenty-five hours Half of the supervision hours 
34.17 	required by subdivision 1 must consist of one-on-one in-person supervision. The supervision 
34.18 	must be provided either in person or via eye-to-eye electronic media while maintaining 
34.19 	visual contact.
34.20 	(b) Twelve and one-half hours Half of the supervision hours must consist of one or more 
34.21 	of the following types of supervision:
34.22 	(1) in-person one-on-one supervision provided in person or via eye-to-eye electronic 
34.23 	media while maintaining visual contact; or
34.24 	(2) in-person group supervision provided in person, by telephone, or via eye-to-eye 
34.25 	electronic media while maintaining visual contact.
34.26 	(c) To qualify as in-person Group supervision, the group must not exceed seven members 
34.27 	including the supervisor six supervisees.
34.28 	(d) Supervision must not be provided by email.

34.29 	EFFECTIVE DATE. This section is effective October 1, 2024.

35.1 	Sec. 4. Minnesota Statutes 2022, section 148D.062, subdivision 4, is amended to read:
35.2 		Subd. 4.Supervisor requirements. (a) The supervision required by subdivision 1 must 
35.3 	be provided by a supervisor who meets the requirements in section 148E.120 and has either:
35.4 	(1) 5,000 hours experience engaged in authorized social work practice; or
35.5 	(2) completed 30 hours of training in supervision, which may be satisfied by completing 
35.6 	academic coursework in supervision or continuing education courses in supervision as 
35.7 	defined in section 148E.010, subdivision 18.
35.8 	(b) Supervision must be provided:
35.9 	(1) if the supervisee is not engaged in clinical practice and the supervisee has a provisional 
35.10 	license to practice as a licensed social worker, by:
35.11 	(i) a licensed social worker who has completed the supervised practice requirements;
35.12 	(ii) a licensed graduate social worker who has completed the supervised practice 
35.13 	requirements;
35.14 	(iii) a licensed independent social worker; or
35.15 	(iv) a licensed independent clinical social worker;
35.16 	(2) if the supervisee is not engaged in clinical practice and the supervisee has a provisional 
35.17 	license to practice as a licensed graduate social worker, licensed independent social worker, 
35.18 	or licensed independent clinical social worker, by:
35.19 	(i) a licensed graduate social worker who has completed the supervised practice 
35.20 	requirements;
35.21 	(ii) a licensed independent social worker; or
35.22 	(iii) a licensed independent clinical social worker;
35.23 	(3) if the supervisee is engaged in clinical practice and the supervisee has a provisional 
35.24 	license to practice as a licensed graduate social worker, licensed independent social worker, 
35.25 	or licensed independent clinical social worker, by a licensed independent clinical social 
35.26 	worker; or
35.27 	(4) by a supervisor who meets the requirements in section 148E.120, subdivision 2.

35.28 	EFFECTIVE DATE. This section is effective October 1, 2024.

36.1 	Sec. 5. Minnesota Statutes 2022, section 148D.063, subdivision 1, is amended to read:
36.2 		Subdivision 1.Supervision plan. (a) An applicant granted a provisional license must 
36.3 	submit, on a form provided by the board, a supervision plan for meeting the supervision 
36.4 	requirements in section 148D.062.
36.5 	(b) The supervision plan must be submitted no later than 30 days after the licensee begins 
36.6 	a social work practice position.
36.7 	(c) The board may revoke a licensee's provisional license for failure to submit the 
36.8 	supervision plan within 30 days after beginning a social work practice position.
36.9 	(d) (c) The supervision plan must include the following:
36.10 	(1) the name of the supervisee, the name of the agency in which the supervisee is being 
36.11 	supervised, and the supervisee's position title;
36.12 	(2) the name and qualifications of the person providing the supervision;
36.13 	(3) the number of hours of one-on-one in-person supervision and the number and type 
36.14 	of additional hours of supervision to be completed by the supervisee;
36.15 	(4) the supervisee's position description;
36.16 	(5) a brief description of the supervision the supervisee will receive in the following 
36.17 	content areas:
36.18 	(i) clinical practice, if applicable;
36.19 	(ii) development of professional social work knowledge, skills, and values;
36.20 	(iii) practice methods;
36.21 	(iv) authorized scope of practice;
36.22 	(v) ensuring continuing competence; and
36.23 	(vi) ethical standards of practice; and
36.24 	(6) if applicable, a detailed description of the supervisee's clinical social work practice, 
36.25 	addressing:
36.26 	(i) the client population, the range of presenting issues, and the diagnoses;
36.27 	(ii) the clinical modalities that were utilized; and
36.28 	(iii) the process utilized for determining clinical diagnoses, including the diagnostic 
36.29 	instruments used and the role of the supervisee in the diagnostic process.
37.1 	(e) (d) The board must receive a revised supervision plan within 30 days of any of the 
37.2 	following changes:
37.3 	(1) the supervisee has a new supervisor;
37.4 	(2) the supervisee begins a new social work position;
37.5 	(3) the scope or content of the supervisee's social work practice changes substantially;
37.6 	(4) the number of practice or supervision hours changes substantially; or
37.7 	(5) the type of supervision changes as supervision is described in section 148D.062.
37.8 	(f) The board may revoke a licensee's provisional license for failure to submit a revised 
37.9 	supervision plan as required in paragraph (e).
37.10 	(g) (e) The board must approve the supervisor and the supervision plan.

37.11 	EFFECTIVE DATE. This section is effective October 1, 2024.

37.12 	Sec. 6. Minnesota Statutes 2022, section 148D.063, subdivision 2, is amended to read:
37.13 		Subd. 2.Evaluation. (a) When a licensee's supervisor submits an evaluation to the board 
37.14 	according to section 148D.061, subdivision 6, the supervisee and supervisor must provide 
37.15 	the following information on a form provided by the board:
37.16 	(1) the name of the supervisee, the name of the agency in which the supervisee is being 
37.17 	supervised, and the supervisee's position title;
37.18 	(2) the name and qualifications of the supervisor;
37.19 	(3) the number of hours and dates of each type of supervision completed;
37.20 	(4) the supervisee's position description;
37.21 	(5) a declaration that the supervisee has not engaged in conduct in violation of the 
37.22 	standards of practice in sections 148E.195 to 148E.240;
37.23 	(6) a declaration that the supervisee has practiced competently and ethically according 
37.24 	to professional social work knowledge, skills, and values; and
37.25 	(7) on a form provided by the board, an evaluation of the licensee's practice in the 
37.26 	following areas:
37.27 	(i) development of professional social work knowledge, skills, and values;
37.28 	(ii) practice methods;
37.29 	(iii) authorized scope of practice;
38.1 	(iv) ensuring continuing competence;
38.2 	(v) (iv) ethical standards of practice; and
38.3 	(vi) (v) clinical practice, if applicable.
38.4 	(b) The supervisor must attest to the satisfaction of the board that the supervisee has met 
38.5 	or has made progress on meeting the applicable supervised practice requirements.

38.6 	EFFECTIVE DATE. This section is effective October 1, 2024.

38.7 	Sec. 7. Minnesota Statutes 2022, section 148E.055, is amended by adding a subdivision 
38.8 	to read:
38.9 		Subd. 2b.Qualifications for licensure by completion of provisional license 
38.10 	requirements as a licensed social worker (LSW). To be licensed as a licensed social 
38.11 	worker, an applicant for licensure by completion of provisional license requirements must 
38.12 	provide evidence satisfactory to the board that the applicant:
38.13 	(1) completed all requirements under section 148D.061, subdivisions 1 to 6; and
38.14 	(2) continues to meet the requirements of subdivision 2, clauses (1) and (3) to (6).

38.15 	EFFECTIVE DATE. This section is effective October 1, 2024.

38.16 	Sec. 8. Minnesota Statutes 2022, section 148E.055, is amended by adding a subdivision 
38.17 	to read:
38.18 		Subd. 3b.Qualifications for licensure by completion of provisional license 
38.19 	requirements as a licensed graduate social worker (LGSW). To be licensed as a licensed 
38.20 	graduate social worker, an applicant for licensure by completion of provisional license 
38.21 	requirements must provide evidence satisfactory to the board that the applicant:
38.22 	(1) completed all requirements under section 148D.061, subdivisions 1 to 6; and
38.23 	(2) continues to meet the requirements of subdivision 3, clauses (1) and (3) to (6).

38.24 	EFFECTIVE DATE. This section is effective October 1, 2024.

38.25 	Sec. 9. Minnesota Statutes 2022, section 148E.055, is amended by adding a subdivision 
38.26 	to read:
38.27 		Subd. 4b.Qualifications for licensure by completion of provisional license 
38.28 	requirements as a licensed independent social worker (LISW). To be licensed as a 
39.1 	licensed independent social worker, an applicant for licensure by completion of provisional 
39.2 	license requirements must provide evidence satisfactory to the board that the applicant:
39.3 	(1) completed all requirements under section 148D.061, subdivisions 1 to 6; and
39.4 	(2) continues to meet the requirements of subdivision 4, clauses (1), (2), and (4) to (7).

39.5 	EFFECTIVE DATE. This section is effective October 1, 2024.

39.6 	Sec. 10. Minnesota Statutes 2022, section 148E.055, is amended by adding a subdivision 
39.7 	to read:
39.8 		Subd. 5b.Qualifications for licensure by completion of provisional license 
39.9 	requirements as a licensed independent clinical social worker (LICSW). To be licensed 
39.10 	as a licensed independent clinical social worker, an applicant for licensure by completion 
39.11 	of provisional license requirements must provide evidence satisfactory to the board that the 
39.12 	applicant:
39.13 	(1) completed all requirements under section 148D.061, subdivisions 1 to 6; and
39.14 	(2) continues to meet the requirements of subdivision 5, paragraph (a), clauses (1) to (3) 
39.15 	and (5) to (8).

39.16 	EFFECTIVE DATE. This section is effective October 1, 2024.

39.17 	Sec. 11. REVISOR INSTRUCTION.
 39.18 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in column 
39.19 	A with the number listed in column B. The revisor of statutes shall also make necessary 
39.20 	cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the 
39.21 	renumbering.

39.22	Column A
	Column B
	
39.23	148D.061
	148E.0551
	
39.24	148D.062
	148E.116
	
39.25	148D.063
	148E.126

39.26 	EFFECTIVE DATE. This section is effective October 1, 2024.

39.27 	Sec. 12. REPEALER.
 39.28 	Minnesota Statutes 2022, section 148D.061, subdivision 9, is repealed.

39.29 	EFFECTIVE DATE. This section is effective October 1, 2024.

40.1 	ARTICLE 7
40.2 	BOARD OF MARRIAGE AND FAMILY THERAPY

40.3 	Section 1. [148B.331] GUEST LICENSURE.
40.4 		Subdivision 1.Generally. (a) A nonresident of the state of Minnesota who is not seeking 
40.5 	licensure in Minnesota and intends to practice marriage and family therapy in Minnesota 
40.6 	must apply to the board for guest licensure. An applicant must apply for guest licensure at 
40.7 	least 30 days prior to the expected date of practice in Minnesota and is subject to approval 
40.8 	by the board or its designee.
40.9 	(b) To be eligible for licensure under this section, the applicant must:
40.10 	(1) have a license, certification, or registration in good standing to practice marriage and 
40.11 	family therapy from another jurisdiction;
40.12 	(2) have a graduate degree in marriage and family therapy from a regionally accredited 
40.13 	institution or a degree in a related field from a regionally accredited institution with completed 
40.14 	coursework meeting the educational requirements provided in Minnesota Rules, part 
40.15 	5300.0140, subpart 2;
40.16 	(3) be of good moral character;
40.17 	(4) have no pending complaints or active disciplinary or corrective actions in any 
40.18 	jurisdiction;
40.19 	(5) submit the required fee and complete the criminal background check according to 
40.20 	section 214.075; and
40.21 	(6) pay a fee to the board in the amount set forth in section 148B.392.
40.22 	(c) A license issued under this section is valid for one year from the date of issuance 
40.23 	and allows practice by the nonresident for a maximum of five months. The months in which 
40.24 	the nonresident may practice under the license must be consecutive. A guest license is not 
40.25 	renewable, but the nonresident may reapply for guest licensure, subject to continued eligibility 
40.26 	under paragraph (b), following expiration of a guest license.
40.27 		Subd. 2.Other professional activity. Notwithstanding subdivision 1, a nonresident of 
40.28 	the state of Minnesota who is not seeking licensure in Minnesota may serve as an expert 
40.29 	witness, organizational consultant, presenter, or educator without obtaining guest licensure, 
40.30 	provided the nonresident is appropriately trained or educated, or has been issued a license, 
40.31 	certificate, or registration by another jurisdiction.
41.1 		Subd. 3.Prohibitions and sanctions. A person's privilege to practice under this section 
41.2 	is subject to the prohibitions and sanctions for unprofessional or unethical conduct contained 
41.3 	in Minnesota laws and rules for marriage and family therapy under this chapter.

41.4 	EFFECTIVE DATE. This section is effective October 1, 2024.

41.5 	Sec. 2. Minnesota Statutes 2023 Supplement, section 148B.392, subdivision 2, is amended 
41.6 	to read:
41.7 		Subd. 2.Licensure and application fees. Licensure and application fees established 
41.8 	by the board shall not exceed the following amounts:
41.9 	(1) application fee for national examination is $150;
41.10 	(2) application fee for Licensed Marriage and Family Therapist (LMFT) state examination
41.11 	license is $150;
41.12 	(3) initial LMFT license fee is prorated, but cannot exceed $225;
41.13 	(4) annual renewal fee for LMFT license is $225;
41.14 	(5) late fee for LMFT license renewal is $100;
41.15 	(6) application fee for LMFT licensure by reciprocity is $300;
41.16 	(7) application fee for initial Licensed Associate Marriage and Family Therapist (LAMFT) 
41.17 	license is $100;
41.18 	(8) annual renewal fee for LAMFT license is $100;
41.19 	(9) late fee for LAMFT license renewal is $50;
41.20 	(10) fee for reinstatement of LMFT or LAMFT license is $150;
41.21 	(11) fee for LMFT emeritus license status is $225; and
41.22 	(12) fee for temporary license for members of the military is $100.; and
41.23 	(13) fee for LMFT guest license is $150.

41.24 	EFFECTIVE DATE. This section is effective October 1, 2024.

42.1 	ARTICLE 8
42.2 	SPEECH-LANGUAGE PATHOLOGY ASSISTANT LICENSURE

42.3 	Section 1. Minnesota Statutes 2022, section 144.0572, subdivision 1, is amended to read:
42.4 		Subdivision 1.Criminal history background check requirements. (a) Beginning 
42.5 	January 1, 2018, an applicant for initial licensure, temporary licensure, or relicensure after 
42.6 	a lapse in licensure as an audiologist or speech-language pathologist, a speech-language 
42.7 	pathology assistant, or an applicant for initial certification as a hearing instrument dispenser, 
42.8 	must submit to a criminal history records check of state data completed by the Bureau of 
42.9 	Criminal Apprehension (BCA) and a national criminal history records check, including a 
42.10 	search of the records of the Federal Bureau of Investigation (FBI).
42.11 	(b) Beginning January 1, 2020, an applicant for a renewal license or certificate as an 
42.12 	audiologist, speech-language pathologist, or hearing instrument dispenser who was licensed 
42.13 	or obtained a certificate before January 1, 2018, must submit to a criminal history records 
42.14 	check of state data completed by the BCA and a national criminal history records check, 
42.15 	including a search of the records of the FBI.
42.16 	(c) An applicant must submit to a background study under chapter 245C.
42.17 	(d) The criminal history records check must be structured so that any new crimes that 
42.18 	an applicant or licensee or certificate holder commits after the initial background check are 
42.19 	flagged in the BCA's or FBI's database and reported back to the commissioner of human 
42.20 	services.

42.21 	EFFECTIVE DATE. This section is effective July 1, 2025.

42.22 	Sec. 2. Minnesota Statutes 2022, section 148.511, is amended to read:
42.23 	148.511 SCOPE.
42.24 	Sections 148.511 to 148.5198 apply to persons who are applicants for licensure, who 
42.25 	use protected titles, who represent that they are licensed, or who engage in the practice of 
42.26 	speech-language pathology or audiology or practice as a speech-language pathology assistant. 
42.27 	Sections 148.511 to 148.5198 do not apply to school personnel licensed by the Professional 
42.28 	Educator Licensing and Standards Board and practicing within the scope of their school 
42.29 	license under Minnesota Rules, part 8710.6000, or the paraprofessionals who assist these 
42.30 	individuals.

42.31 	EFFECTIVE DATE. This section is effective July 1, 2025.

43.1 	Sec. 3. Minnesota Statutes 2022, section 148.512, subdivision 17a, is amended to read:
43.2 		Subd. 17a.Speech-language pathology assistant. "Speech-language pathology assistant" 
43.3 	means a person who meets the qualifications under section 148.5181 and provides 
43.4 	speech-language pathology services under the supervision of a licensed speech-language 
43.5 	pathologist in accordance with section 148.5192.

43.6 	EFFECTIVE DATE. This section is effective July 1, 2025.

43.7 	Sec. 4. Minnesota Statutes 2022, section 148.513, subdivision 1, is amended to read:
43.8 		Subdivision 1.Unlicensed practice prohibited. A person must not engage in the practice 
43.9 	of speech-language pathology or audiology or practice as a speech-language pathology 
43.10 	assistant unless the person is licensed as a speech-language pathologist or, an audiologist, 
43.11 	or a speech-language pathology assistant under sections 148.511 to 148.5198or is practicing 
43.12 	as a speech-language pathology assistant in accordance with section 148.5192. For purposes 
43.13 	of this subdivision, a speech-language pathology assistant's duties are limited to the duties 
43.14 	described in accordance with section 148.5192, subdivision 2.

43.15 	EFFECTIVE DATE. This section is effective July 1, 2025.

43.16 	Sec. 5. Minnesota Statutes 2022, section 148.513, subdivision 2, is amended to read:
43.17 		Subd. 2.Protected titles and restrictions on use; speech-language pathologists and 
43.18 	audiologists. (a) Notwithstanding paragraph (b) (c), the use of the following terms or initials 
43.19 	which represent the following terms, alone or in combination with any word or words, by 
43.20 	any person to form an occupational title is prohibited unless that person is licensed as a 
43.21 	speech-language pathologist or audiologist under sections 148.511 to 148.5198:
43.22 	(1) speech-language;
43.23 	(2) speech-language pathologist, S, SP, or SLP;
43.24 	(3) speech pathologist;
43.25 	(4) language pathologist;
43.26 	(5) audiologist, A, or AUD;
43.27 	(6) speech therapist;
43.28 	(7) speech clinician;
43.29 	(8) speech correctionist;
43.30 	(9) language therapist;
44.1 	(10) voice therapist;
44.2 	(11) voice pathologist;
44.3 	(12) logopedist;
44.4 	(13) communicologist;
44.5 	(14) aphasiologist;
44.6 	(15) phoniatrist;
44.7 	(16) audiometrist;
44.8 	(17) audioprosthologist;
44.9 	(18) hearing therapist;
44.10 	(19) hearing clinician; or
44.11 	(20) hearing aid audiologist.
44.12 	(b) Use of the term "Minnesota licensed" in conjunction with the titles protected under 
44.13 	this paragraph (a) by any person is prohibited unless that person is licensed as a 
44.14 	speech-language pathologist or audiologist under sections 148.511 to 148.5198.
44.15 	(b) (c) A speech-language pathology assistant practicing under section 148.5192 sections 
44.16 	148.511 to 148.5198 must not represent, indicate, or imply to the public that the assistant 
44.17 	is a licensed speech-language pathologist and shall only utilize one of the following titles: 
44.18 	"speech-language pathology assistant," "SLP assistant," or "SLP asst." the titles provided 
44.19 	in subdivision 2b.

44.20 	EFFECTIVE DATE. This section is effective July 1, 2025.

44.21 	Sec. 6. Minnesota Statutes 2022, section 148.513, is amended by adding a subdivision to 
44.22 	read:
44.23 		Subd. 2b.Protected titles and restrictions on use; speech-language pathology 
44.24 	assistant. (a) The use of the following terms or initials which represent the following terms, 
44.25 	alone or in combination with any word or words, by any person to form an occupational 
44.26 	title is prohibited unless that person is licensed under section 148.5181:
44.27 	(1) speech-language pathology assistant;
44.28 	(2) SLP assistant; or
44.29 	(3) SLP asst.
45.1 	(b) Use of the term "Minnesota licensed" in conjunction with the titles protected under 
45.2 	this subdivision by any person is prohibited unless that person is licensed under section 
45.3 	148.5181.
45.4 	(c) A speech-language pathology assistant practicing under section 148.5192 must not 
45.5 	represent, indicate, or imply to the public that the assistant is a licensed speech-language 
45.6 	pathologist and must only utilize the title provided in paragraph (a).

45.7 	EFFECTIVE DATE. This section is effective July 1, 2025.

45.8 	Sec. 7. Minnesota Statutes 2022, section 148.513, subdivision 3, is amended to read:
45.9 		Subd. 3.Exemption. (a) Nothing in sections 148.511 to 148.5198 prohibits the practice 
45.10 	of any profession or occupation licensed, certified, or registered by the state by any person 
45.11 	duly licensed, certified, or registered to practice the profession or occupation or to perform 
45.12 	any act that falls within the scope of practice of the profession or occupation.
45.13 	(b) Subdivision 1 does not apply to a student participating in supervised field work or 
45.14 	supervised course work that is necessary to meet the requirements of section sections
45.15 	148.515, subdivision 2or 3, or 148.5181, subdivision 2, if the person is designated by a 
45.16 	title which clearly indicates the person's status as a student trainee.
45.17 	(c) Subdivisions 1 and, 2, and 2a do not apply to a person visiting and then leaving the 
45.18 	state and using titles restricted under this section while in the state, if the titles are used no 
45.19 	more than 30 days in a calendar year as part of a professional activity that is limited in scope 
45.20 	and duration and is in association with an audiologist or speech-language pathologist licensed 
45.21 	under sections 148.511 to 148.5198.

45.22 	EFFECTIVE DATE. This section is effective July 1, 2025.

45.23 	Sec. 8. Minnesota Statutes 2022, section 148.514, subdivision 2, is amended to read:
45.24 		Subd. 2.General licensure qualifications. An applicant for licensure must possess the 
45.25 	qualifications required in one of the following clauses:
45.26 	(1) a person who applies for licensure and does not meet the requirements in clause (2) 
45.27 	or (3), must meet the requirements in section 148.515 or 148.5181, subdivision 2;
45.28 	(2) a person who applies for licensure and who has a current certificate of clinical 
45.29 	competence issued by the American Speech-Language-Hearing Association, or board 
45.30 	certification by the American Board of Audiology, must meet the requirements of section 
45.31 	148.516; or
46.1 	(3) a person who applies for licensure by reciprocity must meet the requirements under 
46.2 	section 148.517 or 148.5181, subdivision 3.

46.3 	EFFECTIVE DATE. This section is effective July 1, 2025.

46.4 	Sec. 9. Minnesota Statutes 2022, section 148.515, subdivision 1, is amended to read:
46.5 		Subdivision 1.Applicability. Except as provided in section 148.516 or 148.517, an 
46.6 	applicant for speech-language pathology or audiology must meet the requirements in this 
46.7 	section.

46.8 	EFFECTIVE DATE. This section is effective July 1, 2025.

46.9 	Sec. 10. Minnesota Statutes 2022, section 148.518, is amended to read:
46.10 	148.518 LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS.
46.11 		Subdivision 1.Speech-language pathology or audiology lapse.  For An applicant whose 
46.12 	licensure status has lapsed, the applicant and who is applying for a speech-language pathology 
46.13 	or audiology license must:
46.14 	(1) apply for licensure renewal according to section 148.5191 and document compliance 
46.15 	with the continuing education requirements of section 148.5193 since the applicant's license 
46.16 	lapsed;
46.17 	(2) fulfill the requirements of section 148.517;
46.18 	(3) apply for renewal according to section 148.5191, provide evidence to the 
46.19 	commissioner that the applicant holds a current and unrestricted credential for the practice 
46.20 	of speech-language pathology from the Professional Educator Licensing and Standards 
46.21 	Board or for the practice of speech-language pathology or audiology in another jurisdiction 
46.22 	that has requirements equivalent to or higher than those in effect for Minnesota, and provide 
46.23 	evidence of compliance with Professional Educator Licensing and Standards Board or that 
46.24 	jurisdiction's continuing education requirements;
46.25 	(4) apply for renewal according to section 148.5191 and submit verified documentation 
46.26 	of successful completion of 160 hours of supervised practice approved by the commissioner. 
46.27 	To participate in a supervised practice, the applicant shall first apply and obtain temporary 
46.28 	licensing according to section 148.5161; or
46.29 	(5) apply for renewal according to section 148.5191 and provide documentation of 
46.30 	obtaining a qualifying score on the examination described in section 148.515, subdivision 
46.31 	4, within one year of the application date for license renewal.
47.1 		Subd. 2.Speech-language pathology assistant licensure lapse. An applicant applying 
47.2 	for speech-language pathology assistant licensure and whose licensure status has lapsed 
47.3 	must:
47.4 	(1) apply for renewal according to section 148.5191, and provide evidence to the 
47.5 	commissioner that the applicant has an associate's degree from a speech-language pathology 
47.6 	assistant program that is accredited by the Higher Learning Commission of the North Central 
47.7 	Association of Colleges;
47.8 	(2) apply for renewal according to section 148.5191 and provide evidence to the 
47.9 	commissioner that the applicant has a bachelor's degree in the discipline of communication 
47.10 	sciences or disorders and a speech-language pathology assistant certificate program, including 
47.11 	relevant coursework and supervised field experience according to section 148.5181; or
47.12 	(3) apply for licensure renewal according to section 148.5191 and document compliance 
47.13 	with the continuing education requirements of section 148.5193 since the applicant's license 
47.14 	lapsed.

47.15 	EFFECTIVE DATE. This section is effective July 1, 2025.

47.16 	Sec. 11. [148.5181] LICENSURE; SPEECH-LANGUAGE PATHOLOGY 
47.17 	ASSISTANTS.
47.18 		Subdivision 1.Applicability. Except as provided in subdivisions 3 and 4, an applicant 
47.19 	for licensure as a speech-language pathology assistant must meet the requirements of this 
47.20 	section.
47.21 		Subd. 2.Educational requirements. (a) To be eligible for speech-language pathology 
47.22 	assistant licensure, an applicant must submit to the commissioner a transcript from an 
47.23 	educational institution documenting satisfactory completion of either:
47.24 	(1) an associate's degree from a speech-language pathology assistant program that is 
47.25 	accredited by the Higher Learning Commission of the North Central Association of Colleges 
47.26 	or its equivalent as approved by the commissioner and that includes at least 100 hours of 
47.27 	supervised field work experience in speech-language pathology assisting; or
47.28 	(2) a bachelor's degree in the discipline of communication sciences or disorders and a 
47.29 	speech-language pathology assistant certificate program that includes:
47.30 	(i) coursework in an introduction to speech-language pathology assisting, adult 
47.31 	communication disorders and treatment, speech sound disorders, and language disorders at 
47.32 	a speech-language pathology assistant level; and
48.1 	(ii) at least 100 hours of supervised field work experience in speech-language pathology 
48.2 	assisting.
48.3 	(b) Within one month following expiration of a license, an applicant for licensure renewal 
48.4 	as a speech-language pathology assistant must provide, on a form provided by the 
48.5 	commissioner, evidence to the commissioner of a minimum of 20 contact hours of continuing 
48.6 	education obtained within the two years immediately preceding licensure expiration. A 
48.7 	minimum of 13 contact hours of continuing education must be directly related to the licensee's 
48.8 	area of licensure. Seven contact hours of continuing education may be in areas generally 
48.9 	related to the licensee's area of licensure. Licensees who are issued licenses for a period of 
48.10 	less than two years must prorate the number of contact hours required for licensure renewal 
48.11 	based on the number of months licensed during the biennial licensure period. Licensees 
48.12 	must receive contact hours for continuing education activities only for the biennial licensure 
48.13 	period in which the continuing education activity was performed.
48.14 		Subd. 3.Licensure by reciprocity. The commissioner shall issue a speech-language 
48.15 	pathology assistant license to a person who holds a current speech-language pathology 
48.16 	assistant license in another state if the following conditions are met:
48.17 	(1) payment of the commissioner's current fee for licensure; and
48.18 	(2) submission of evidence of licensure in good standing from another state that maintains 
48.19 	a system and standard of examinations for speech-language pathology assistants which 
48.20 	meets or exceeds the current requirements for licensure in Minnesota.

48.21 	EFFECTIVE DATE. This section is effective July 1, 2025.

48.22 	Sec. 12. Minnesota Statutes 2022, section 148.519, subdivision 1, is amended to read:
48.23 		Subdivision 1.Applications for licensure; speech-language pathologists and 
48.24 	audiologists. (a) An applicant for licensure as a speech-language pathologist or audiologist 
48.25 	must:
48.26 	(1) submit a completed application for licensure on forms provided by the commissioner. 
48.27 	The application must include the applicant's name, certification number under chapter 153A, 
48.28 	if applicable, business address and telephone number, or home address and telephone number 
48.29 	if the applicant practices speech-language pathology or audiology out of the home, and a 
48.30 	description of the applicant's education, training, and experience, including previous work 
48.31 	history for the five years immediately preceding the date of application. The commissioner 
48.32 	may ask the applicant to provide additional information necessary to clarify information 
48.33 	submitted in the application; and
49.1 	(2) submit documentation of the certificate of clinical competence issued by the American 
49.2 	Speech-Language-Hearing Association, board certification by the American Board of 
49.3 	Audiology, or satisfy the following requirements:
49.4 	(i) submit a transcript showing the completion of a master's or doctoral degree or its 
49.5 	equivalent meeting the requirements of section 148.515, subdivision 2;
49.6 	(ii) submit documentation of the required hours of supervised clinical training;
49.7 	(iii) submit documentation of the postgraduate clinical or doctoral clinical experience 
49.8 	meeting the requirements of section 148.515, subdivision 4; and
49.9 	(iv) submit documentation of receiving a qualifying score on an examination meeting 
49.10 	the requirements of section 148.515, subdivision 6.
49.11 	(b) In addition, an applicant must:
49.12 	(1) sign a statement that the information in the application is true and correct to the best 
49.13 	of the applicant's knowledge and belief;
49.14 	(2) submit with the application all fees required by section 148.5194;
49.15 	(3) sign a waiver authorizing the commissioner to obtain access to the applicant's records 
49.16 	in this or any other state in which the applicant has engaged in the practice of speech-language 
49.17 	pathology or audiology; and
49.18 	(4) consent to a fingerprint-based criminal history background check as required under 
49.19 	section 144.0572, pay all required fees, and cooperate with all requests for information. An 
49.20 	applicant must complete a new criminal history background check if more than one year 
49.21 	has elapsed since the applicant last applied for a license.

49.22 	EFFECTIVE DATE. This section is effective July 1, 2025.

49.23 	Sec. 13. Minnesota Statutes 2022, section 148.519, is amended by adding a subdivision 
49.24 	to read:
49.25 		Subd. 1a.Applications for licensure; speech-language pathology assistants. An 
49.26 	applicant for licensure as a speech-language pathology assistant must:
49.27 	(1) submit a completed application on forms provided by the commissioner. The 
49.28 	application must include the applicant's name, business address and telephone number, 
49.29 	home address and telephone number, and a description of the applicant's education, training, 
49.30 	and experience, including previous work history for the five years immediately preceding 
50.1 	the application date. The commissioner may ask the applicant to provide additional 
50.2 	information needed to clarify information submitted in the application;
50.3 	(2) submit a transcript showing the completion of the requirements set forth in section 
50.4 	148.5181;
50.5 	(3) submit a signed statement that the information in the application is true and correct 
50.6 	to the best of the applicant's knowledge and belief;
50.7 	(4) submit all fees required under section 148.5194;
50.8 	(5) submit a signed waiver authorizing the commissioner to obtain access to the applicant's 
50.9 	records in this or any other state in which the applicant has worked as a speech-language 
50.10 	pathology assistant; and
50.11 	(6) consent to a fingerprint-based criminal history background check as required under 
50.12 	section 144.0572, pay all required fees, and cooperate with all requests for information. An 
50.13 	applicant must complete a new criminal history background check if more than one year 
50.14 	has lapsed since the applicant last applied for a license.

50.15 	EFFECTIVE DATE. This section is effective July 1, 2025.

50.16 	Sec. 14. Minnesota Statutes 2022, section 148.5191, subdivision 1, is amended to read:
50.17 		Subdivision 1.Renewal requirements. To renew licensure, an applicant for license 
50.18 	renewal as a speech-language pathologist or audiologist must:
50.19 	(1) biennially complete a renewal application on a form provided by the commissioner 
50.20 	and submit the biennial renewal fee;
50.21 	(2) meet the continuing education requirements of section 148.5193 and submit evidence 
50.22 	of attending continuing education courses, as required in section 148.5193, subdivision 6; 
50.23 	and
50.24 	(3) submit additional information if requested by the commissioner to clarify information 
50.25 	presented in the renewal application. The information must be submitted within 30 days 
50.26 	after the commissioner's request.

50.27 	EFFECTIVE DATE. This section is effective July 1, 2025.

51.1 	Sec. 15. Minnesota Statutes 2022, section 148.5191, is amended by adding a subdivision 
51.2 	to read:
51.3 		Subd. 1a.Renewal requirements; speech-language pathology assistant. To renew 
51.4 	licensure, an applicant for license renewal as a speech-language pathology assistant must:
51.5 	(1) biennially complete a renewal application on a form provided by the commissioner 
51.6 	and submit the biennial renewal fee;
51.7 	(2) meet the continuing education requirements of section 148.5193, subdivision 1a, 
51.8 	and submit evidence of attending continuing education courses, as required in section 
51.9 	148.5193, subdivision 1a; and
51.10 	(3) submit additional information if requested by the commissioner to clarify information 
51.11 	presented in the renewal application. The information must be submitted within 30 days 
51.12 	after the commissioner's request.

51.13 	EFFECTIVE DATE. This section is effective July 1, 2025.

51.14 	Sec. 16. Minnesota Statutes 2022, section 148.5192, subdivision 1, is amended to read:
51.15 		Subdivision 1.Delegation requirements. A licensed speech-language pathologist may 
51.16 	delegate duties to a licensed speech-language pathology assistant in accordance with this 
51.17 	section following an initial introduction to a client with the speech-language pathologist 
51.18 	and speech-language pathology assistant present. Duties may only be delegated to an 
51.19 	individual who has documented with a transcript from an educational institution satisfactory 
51.20 	completion of either:
51.21 	(1) an associate degree from a speech-language pathology assistant program that is 
51.22 	accredited by the Higher Learning Commission of the North Central Association of Colleges 
51.23 	or its equivalent as approved by the commissioner; or
51.24 	(2) a bachelor's degree in the discipline of communication sciences or disorders with 
51.25 	additional transcript credit in the area of instruction in assistant-level service delivery 
51.26 	practices and completion of at least 100 hours of supervised field work experience as a 
51.27 	speech-language pathology assistant student.

51.28 	EFFECTIVE DATE. This section is effective July 1, 2025.

51.29 	Sec. 17. Minnesota Statutes 2022, section 148.5192, subdivision 2, is amended to read:
51.30 		Subd. 2.Delegated duties; prohibitions. (a) A speech-language pathology assistant 
51.31 	may perform only those duties delegated by a licensed speech-language pathologist and 
52.1 	must be limited to duties within the training and experience of the speech-language pathology 
52.2 	assistant.
52.3 	(b) Duties may include the following as delegated by the supervising speech-language 
52.4 	pathologist:
52.5 	(1) assist with speech language and hearing screenings;
52.6 	(2) implement documented treatment plans or protocols developed by the supervising 
52.7 	speech-language pathologist;
52.8 	(3) document client performance, including writing progress notes;
52.9 	(4) assist with assessments of clients;
52.10 	(5) assist with preparing materials and scheduling activities as directed;
52.11 	(6) perform checks and maintenance of equipment;
52.12 	(7) support the supervising speech-language pathologist in research projects, in-service 
52.13 	training, and public relations programs; and
52.14 	(8) collect data for quality improvement.
52.15 	(c) A speech-language pathology assistant may not:
52.16 	(1) perform standardized or nonstandardized diagnostic tests, perform formal or informal 
52.17 	evaluations, or interpret test results;
52.18 	(2) screen or diagnose clients for feeding or swallowing disorders, including using a 
52.19 	checklist or tabulating results of feeding or swallowing evaluations, or demonstrate 
52.20 	swallowing strategies or precautions to clients or the clients' families demonstrate strategies 
52.21 	included in the feeding and swallowing plan developed by the speech-language pathologist 
52.22 	or share such information with students, patients, clients, families, staff, and caregivers;
52.23 	(3) participate in parent conferences, case conferences, or any interdisciplinary team 
52.24 	without the presence of the supervising speech-language pathologist or other licensed 
52.25 	speech-language pathologist as authorized by the supervising speech-language pathologist
52.26 	meetings without approval from the speech-language pathologist or misrepresent themselves 
52.27 	as a speech-language pathologist at such a conference or meeting. The speech-language 
52.28 	pathologist and speech-language pathology assistant are required to meet prior to the parent 
52.29 	conferences, case conferences, or interdisciplinary team meetings to determine the 
52.30 	information to be shared;
53.1 	(4) provide client or family counseling or consult with the client or the family regarding 
53.2 	the client status or service;
53.3 	(5) write, develop, or modify a client's individualized treatment plan or individualized 
53.4 	education program;
53.5 	(6) select clients for service;
53.6 	(7) discharge clients from service;
53.7 	(8) disclose clinical or confidential information either orally or in writing to anyone 
53.8 	other than the supervising speech-language pathologist information to other team members 
53.9 	without permission from the supervising speech-language pathologist; or
53.10 	(9) make referrals for additional services.
53.11 	(d) A speech-language pathology assistant must not only sign any formal documents, 
53.12 	including treatment plans, education plans, reimbursement forms, or reports, when cosigned 
53.13 	by the supervising speech-language pathologist. The speech-language pathology assistant 
53.14 	must sign or initial all treatment notes written by the assistant, which must then also be 
53.15 	cosigned by the supervising speech-language pathologist.

53.16 	EFFECTIVE DATE. This section is effective July 1, 2025.

53.17 	Sec. 18. Minnesota Statutes 2022, section 148.5192, subdivision 3, is amended to read:
53.18 		Subd. 3.Supervision requirements. (a) A supervising speech-language pathologist 
53.19 	shall authorize and accept full responsibility for the performance, practice, and activity of 
53.20 	a speech-language pathology assistant. The amount and type of supervision required must 
53.21 	be based on the skills and experience of the speech-language pathology assistant. A minimum 
53.22 	of one hour every 30 days of consultative supervision time must be documented for each 
53.23 	speech-language pathology assistant.
53.24 	(b) A supervising speech-language pathologist must:
53.25 	(1) be licensed under sections 148.511 to 148.5198;
53.26 	(2) hold a certificate of clinical competence from the American Speech-Language-Hearing 
53.27 	Association or its equivalent as approved by the commissioner; and
53.28 	(3) have completed at least one ten hours of continuing education unit in supervision.
53.29 	(c) The supervision of a speech-language pathology assistant shall be maintained on the 
53.30 	following schedule:
54.1 	(1) for the first 90 workdays, within a 40-hour work week, 30 percent of the work 
54.2 	performed by the speech-language pathology assistant must be supervised and at least 20 
54.3 	percent of the work performed must be under direct supervision; and
54.4 	(2) for the work period after the initial 90-day period, within a 40-hour work week, 20 
54.5 	percent of the work performed must be supervised and at least ten percent of the work 
54.6 	performed must be under direct supervision Once every 60 days, the supervising 
54.7 	speech-language pathologist must treat or cotreat with the speech-language pathology 
54.8 	assistant each client on the speech-language pathology assistant's caseload.
54.9 	(d) For purposes of this section, "direct supervision" means on-site, in-view observation 
54.10 	and guidance by the supervising speech-language pathologist during the performance of a 
54.11 	delegated duty that occurs either on-site and in-view or through the use of real-time, two-way 
54.12 	interactive audio and visual communication. The supervision requirements described in this 
54.13 	section are minimum requirements. Additional supervision requirements may be imposed 
54.14 	at the discretion of the supervising speech-language pathologist.
54.15 	(e) A supervising speech-language pathologist must be available to communicate with 
54.16 	a speech-language pathology assistant at any time the assistant is in direct contact with a 
54.17 	client.
54.18 	(f) A supervising speech-language pathologist must document activities performed by 
54.19 	the assistant that are directly supervised by the supervising speech-language pathologist. 
54.20 	At a minimum, the documentation must include:
54.21 	(1) information regarding the quality of the speech-language pathology assistant's 
54.22 	performance of the delegated duties; and
54.23 	(2) verification that any delegated clinical activity was limited to duties authorized to 
54.24 	be performed by the speech-language pathology assistant under this section.
54.25 	(g) A supervising speech-language pathologist must review and cosign all informal 
54.26 	treatment notes signed or initialed by the speech-language pathology assistant.
54.27 	(h) A full-time, speech-language pathologist may supervise no more than one two
54.28 	full-time, speech-language pathology assistant assistants or the equivalent of one two
54.29 	full-time assistant assistants.

54.30 	EFFECTIVE DATE. This section is effective July 1, 2025.

55.1 	Sec. 19. Minnesota Statutes 2022, section 148.5193, subdivision 1, is amended to read:
55.2 		Subdivision 1.Number of contact hours required; speech-language pathologists 
55.3 	and audiologists. (a) An applicant for licensure renewal as a speech-language pathologist 
55.4 	or audiologist must meet the requirements for continuing education stipulated by the 
55.5 	American Speech-Language-Hearing Association or the American Board of Audiology, or 
55.6 	satisfy the requirements described in paragraphs (b) to (e).
55.7 	(b) Within one month following expiration of a license, an applicant for licensure renewal 
55.8 	as either a speech-language pathologist or an audiologist must provide evidence to the 
55.9 	commissioner of a minimum of 30 contact hours of continuing education obtained within 
55.10 	the two years immediately preceding licensure expiration. A minimum of 20 contact hours 
55.11 	of continuing education must be directly related to the licensee's area of licensure. Ten 
55.12 	contact hours of continuing education may be in areas generally related to the licensee's 
55.13 	area of licensure. Licensees who are issued licenses for a period of less than two years shall 
55.14 	prorate the number of contact hours required for licensure renewal based on the number of 
55.15 	months licensed during the biennial licensure period. Licensees shall receive contact hours 
55.16 	for continuing education activities only for the biennial licensure period in which the 
55.17 	continuing education activity was performed.
55.18 	(c) An applicant for licensure renewal as both a speech-language pathologist and an 
55.19 	audiologist must attest to and document completion of a minimum of 36 contact hours of 
55.20 	continuing education offered by a continuing education sponsor within the two years 
55.21 	immediately preceding licensure renewal. A minimum of 15 contact hours must be received 
55.22 	in the area of speech-language pathology and a minimum of 15 contact hours must be 
55.23 	received in the area of audiology. Six contact hours of continuing education may be in areas 
55.24 	generally related to the licensee's areas of licensure. Licensees who are issued licenses for 
55.25 	a period of less than two years shall prorate the number of contact hours required for licensure 
55.26 	renewal based on the number of months licensed during the biennial licensure period. 
55.27 	Licensees shall receive contact hours for continuing education activities only for the biennial 
55.28 	licensure period in which the continuing education activity was performed.
55.29 	(d) If the licensee is licensed by the Professional Educator Licensing and Standards 
55.30 	Board:
55.31 	(1) activities that are approved in the categories of Minnesota Rules, part 8710.7200, 
55.32 	subpart 3, items A and B, and that relate to speech-language pathology, shall be considered:
55.33 	(i) offered by a sponsor of continuing education; and
55.34 	(ii) directly related to speech-language pathology;
56.1 	(2) activities that are approved in the categories of Minnesota Rules, part 8710.7200, 
56.2 	subpart 3, shall be considered:
56.3 	(i) offered by a sponsor of continuing education; and
56.4 	(ii) generally related to speech-language pathology; and
56.5 	(3) one clock hour as defined in Minnesota Rules, part 8710.7200, subpart 1, is equivalent 
56.6 	to 1.0 contact hours of continuing education.
56.7 	(e) Contact hours may not be accumulated in advance and transferred to a future 
56.8 	continuing education period.

56.9 	EFFECTIVE DATE. This section is effective July 1, 2025.

56.10 	Sec. 20. Minnesota Statutes 2022, section 148.5193, is amended by adding a subdivision 
56.11 	to read:
56.12 		Subd. 1a.Continuing education; speech-language pathology assistants. An applicant 
56.13 	for licensure renewal as a speech-language pathology assistant must meet the requirements 
56.14 	for continuing education established by the American Speech-Language-Hearing Association 
56.15 	and submit evidence of attending continuing education courses. A licensee must receive 
56.16 	contact hours for continuing education activities only for the biennial licensure period in 
56.17 	which the continuing education activity was completed. Continuing education contact hours 
56.18 	obtained in one licensure period must not be transferred to a future licensure period.

56.19 	EFFECTIVE DATE. This section is effective July 1, 2025.

56.20 	Sec. 21. Minnesota Statutes 2022, section 148.5194, is amended by adding a subdivision 
56.21 	to read:
56.22 		Subd. 3b.Speech-language pathology assistant licensure fees. The fee for initial 
56.23 	licensure as a speech-language pathology assistant is $493. The fee for licensure renewal 
56.24 	for a speech-language pathology assistant is $493.

56.25 	EFFECTIVE DATE. This section is effective July 1, 2025.

56.26 	Sec. 22. Minnesota Statutes 2022, section 148.5194, subdivision 8, is amended to read:
56.27 		Subd. 8.Penalty fees. (a) The penalty fee for practicing speech-language pathology or 
56.28 	audiology, practicing as a speech-language pathology assistant, or using protected titles 
56.29 	without a current license after the credential has expired and before it is renewed is the 
57.1 	amount of the license renewal fee for any part of the first month, plus the license renewal 
57.2 	fee for any part of any subsequent month up to 36 months.
57.3 	(b) The penalty fee for applicants who engage in the unauthorized practice of 
57.4 	speech-language pathology or audiology, practice as a speech-language pathology assistant,
57.5 	or using use of protected titles before being issued a license is the amount of the license 
57.6 	application fee for any part of the first month, plus the license application fee for any part 
57.7 	of any subsequent month up to 36 months. This paragraph does not apply to applicants not 
57.8 	qualifying for a license who engage in the unauthorized practice of speech language 
57.9 	pathology or audiology or in the unauthorized practice as a speech-language pathology 
57.10 	assistant.
57.11 	(c) The penalty fee for practicing speech-language pathology or audiology and failing 
57.12 	to submit a continuing education report by the due date with the correct number or type of 
57.13 	hours in the correct time period is $100 plus $20 for each missing clock hour. The penalty 
57.14 	fee for a licensed speech-language pathology assistant who fails to submit a continuing 
57.15 	education report by the due date with the correct number or type of hours in the correct time 
57.16 	period is $100 plus $20 for each missing clock hour. "Missing" means not obtained between 
57.17 	the effective and expiration dates of the certificate, the one-month period following the 
57.18 	certificate expiration date, or the 30 days following notice of a penalty fee for failing to 
57.19 	report all continuing education hours. The licensee must obtain the missing number of 
57.20 	continuing education hours by the next reporting due date.
57.21 	(d) Civil penalties and discipline incurred by licensees prior to August 1, 2005, for 
57.22 	conduct described in paragraph (a), (b), or (c) shall be recorded as nondisciplinary penalty 
57.23 	fees. For conduct described in paragraph (a) or (b) occurring after August 1, 2005, and 
57.24 	exceeding six months, payment of a penalty fee does not preclude any disciplinary action 
57.25 	reasonably justified by the individual case.

57.26 	EFFECTIVE DATE. This section is effective July 1, 2025.

57.27 	Sec. 23. Minnesota Statutes 2023 Supplement, section 148.5195, subdivision 3, is amended 
57.28 	to read:
57.29 		Subd. 3.Grounds for disciplinary action by commissioner. The commissioner may 
57.30 	take any of the disciplinary actions listed in subdivision 4 on proof that the individual has:
57.31 	(1) intentionally submitted false or misleading information to the commissioner or the 
57.32 	advisory council;
58.1 	(2) failed, within 30 days, to provide information in response to a written request by the 
58.2 	commissioner or advisory council;
58.3 	(3) performed services of a speech-language pathologist or, audiologist, or 
58.4 	speech-language pathology assistant in an incompetent or negligent manner;
58.5 	(4) violated sections 148.511 to 148.5198;
58.6 	(5) failed to perform services with reasonable judgment, skill, or safety due to the use 
58.7 	of alcohol or drugs, or other physical or mental impairment;
58.8 	(6) violated any state or federal law, rule, or regulation, and the violation is a felony or 
58.9 	misdemeanor, an essential element of which is dishonesty, or which relates directly or 
58.10 	indirectly to the practice of speech-language pathology or audiology or to the practice of a 
58.11 	speech-language pathology assistant. Conviction for violating any state or federal law which 
58.12 	relates to speech-language pathology or, audiology, or to the practice of a speech-language 
58.13 	pathology assistant is necessarily considered to constitute a violation, except as provided 
58.14 	in chapter 364;
58.15 	(7) aided or abetted another person in violating any provision of sections 148.511 to 
58.16 	148.5198;
58.17 	(8) been or is being disciplined by another jurisdiction, if any of the grounds for the 
58.18 	discipline is the same or substantially equivalent to those under sections 148.511 to 148.5198;
58.19 	(9) not cooperated with the commissioner or advisory council in an investigation 
58.20 	conducted according to subdivision 1;
58.21 	(10) advertised in a manner that is false or misleading;
58.22 	(11) engaged in conduct likely to deceive, defraud, or harm the public; or demonstrated 
58.23 	a willful or careless disregard for the health, welfare, or safety of a client;
58.24 	(12) failed to disclose to the consumer any fee splitting or any promise to pay a portion 
58.25 	of a fee to any other professional other than a fee for services rendered by the other 
58.26 	professional to the client;
58.27 	(13) engaged in abusive or fraudulent billing practices, including violations of federal 
58.28 	Medicare and Medicaid laws, Food and Drug Administration regulations, or state medical 
58.29 	assistance laws;
58.30 	(14) obtained money, property, or services from a consumer through the use of undue 
58.31 	influence, high pressure sales tactics, harassment, duress, deception, or fraud;
58.32 	(15) performed services for a client who had no possibility of benefiting from the services;
59.1 	(16) failed to refer a client for medical evaluation or to other health care professionals 
59.2 	when appropriate or when a client indicated symptoms associated with diseases that could 
59.3 	be medically or surgically treated;
59.4 	(17) had the certification required by chapter 153A denied, suspended, or revoked 
59.5 	according to chapter 153A;
59.6 	(18) used the term doctor of audiology, doctor of speech-language pathology, AuD, or 
59.7 	SLPD without having obtained the degree from an institution accredited by the North Central 
59.8 	Association of Colleges and Secondary Schools, the Council on Academic Accreditation 
59.9 	in Audiology and Speech-Language Pathology, the United States Department of Education, 
59.10 	or an equivalent;
59.11 	(19) failed to comply with the requirements of section 148.5192 regarding supervision 
59.12 	of speech-language pathology assistants; or
59.13 	(20) if the individual is an audiologist or certified prescription hearing aid dispenser:
59.14 	(i) prescribed to a consumer or potential consumer the use of a prescription hearing aid, 
59.15 	unless the prescription from a physician, an audiologist, or a certified dispenser is in writing, 
59.16 	is based on an audiogram that is delivered to the consumer or potential consumer when the 
59.17 	prescription is made, and bears the following information in all capital letters of 12-point 
59.18 	or larger boldface type: "THIS PRESCRIPTION MAY BE FILLED BY, AND 
59.19 	PRESCRIPTION HEARING AIDS MAY BE PURCHASED FROM, THE LICENSED 
59.20 	AUDIOLOGIST OR CERTIFIED DISPENSER OF YOUR CHOICE";
59.21 	(ii) failed to give a copy of the audiogram, upon which the prescription is based, to the 
59.22 	consumer when the consumer requests a copy;
59.23 	(iii) failed to provide the consumer rights brochure required by section 148.5197, 
59.24 	subdivision 3;
59.25 	(iv) failed to comply with restrictions on sales of prescription hearing aids in sections 
59.26 	148.5197, subdivision 3, and 148.5198;
59.27 	(v) failed to return a consumer's prescription hearing aid used as a trade-in or for a 
59.28 	discount in the price of a new prescription hearing aid when requested by the consumer 
59.29 	upon cancellation of the purchase agreement;
59.30 	(vi) failed to follow Food and Drug Administration or Federal Trade Commission 
59.31 	regulations relating to dispensing prescription hearing aids;
60.1 	(vii) failed to dispense a prescription hearing aid in a competent manner or without 
60.2 	appropriate training;
60.3 	(viii) delegated prescription hearing aid dispensing authority to a person not authorized 
60.4 	to dispense a prescription hearing aid under this chapter or chapter 153A;
60.5 	(ix) failed to comply with the requirements of an employer or supervisor of a prescription 
60.6 	hearing aid dispenser trainee;
60.7 	(x) violated a state or federal court order or judgment, including a conciliation court 
60.8 	judgment, relating to the activities of the individual's prescription hearing aid dispensing; 
60.9 	or
60.10 	(xi) failed to include on the audiogram the practitioner's printed name, credential type, 
60.11 	credential number, signature, and date.

60.12 	EFFECTIVE DATE. This section is effective July 1, 2025.

60.13 	Sec. 24. Minnesota Statutes 2022, section 148.5195, subdivision 5, is amended to read:
60.14 		Subd. 5.Consequences of disciplinary actions. Upon the suspension or revocation of 
60.15 	licensure, the speech-language pathologist or audiologist, or speech-language pathology 
60.16 	assistant, shall cease to practice speech-language pathology or audiology, or practice as a 
60.17 	speech-language pathology assistant, to use titles protected under sections 148.511 to 
60.18 	148.5198, and to represent to the public that the speech-language pathologist or audiologist, 
60.19 	or speech-language pathology assistant, is licensed by the commissioner.

60.20 	EFFECTIVE DATE. This section is effective July 1, 2025.

60.21 	Sec. 25. Minnesota Statutes 2022, section 148.5195, subdivision 6, is amended to read:
60.22 		Subd. 6.Reinstatement requirements after disciplinary action. A speech-language 
60.23 	pathologist or audiologist, or speech-language pathology assistant, who has had licensure 
60.24 	suspended may petition on forms provided by the commissioner for reinstatement following 
60.25 	the period of suspension specified by the commissioner. The requirements of section 
60.26 	148.5191 for renewing licensure must be met before licensure may be reinstated.

60.27 	EFFECTIVE DATE. This section is effective July 1, 2025.

61.1 	Sec. 26. Minnesota Statutes 2023 Supplement, section 148.5196, subdivision 1, is amended 
61.2 	to read:
61.3 		Subdivision 1.Membership. The commissioner shall appoint 12 13 persons to a 
61.4 	Speech-Language Pathologist and Audiologist Advisory Council. The 12 13 persons must 
61.5 	include:
61.6 	(1) three public members, as defined in section 214.02. Two of the public members shall 
61.7 	be either persons receiving services of a speech-language pathologist or audiologist, or 
61.8 	family members of or caregivers to such persons, and at least one of the public members 
61.9 	shall be either a hearing aid user or an advocate of one;
61.10 	(2) three speech-language pathologists licensed under sections 148.511 to 148.5198, 
61.11 	one of whom is currently and has been, for the five years immediately preceding the 
61.12 	appointment, engaged in the practice of speech-language pathology in Minnesota and each 
61.13 	of whom is employed in a different employment setting including, but not limited to, private 
61.14 	practice, hospitals, rehabilitation settings, educational settings, and government agencies;
61.15 	(3) one speech-language pathologist licensed under sections 148.511 to 148.5198, who 
61.16 	is currently and has been, for the five years immediately preceding the appointment, 
61.17 	employed by a Minnesota public school district or a Minnesota public school district 
61.18 	consortium that is authorized by Minnesota Statutes and who is licensed in speech-language 
61.19 	pathology by the Professional Educator Licensing and Standards Board;
61.20 	(4) three audiologists licensed under sections 148.511 to 148.5198, two of whom are 
61.21 	currently and have been, for the five years immediately preceding the appointment, engaged 
61.22 	in the practice of audiology and the dispensing of prescription hearing aids in Minnesota 
61.23 	and each of whom is employed in a different employment setting including, but not limited 
61.24 	to, private practice, hospitals, rehabilitation settings, educational settings, industry, and 
61.25 	government agencies;
61.26 	(5) one nonaudiologist prescription hearing aid dispenser recommended by a professional 
61.27 	association representing prescription hearing aid dispensers; and
61.28 	(6) one physician licensed under chapter 147 and certified by the American Board of 
61.29 	Otolaryngology, Head and Neck Surgery; and
61.30 	(7) one speech-language pathology assistant licensed under sections 148.511 to 148.5198.

61.31 	EFFECTIVE DATE. This section is effective July 1, 2025.

62.1 	Sec. 27. Minnesota Statutes 2022, section 148.5196, subdivision 3, is amended to read:
62.2 		Subd. 3.Duties. The advisory council shall:
62.3 	(1) advise the commissioner regarding speech-language pathologist and audiologist 
62.4 	licensure standards;
62.5 	(2) advise the commissioner regarding the delegation of duties to, the licensure standards 
62.6 	for, and the training required for speech-language pathology assistants;
62.7 	(3) advise the commissioner on enforcement of sections 148.511 to 148.5198;
62.8 	(4) provide for distribution of information regarding speech-language pathologist and,
62.9 	audiologist, and speech-language pathology assistant licensure standards;
62.10 	(5) review applications and make recommendations to the commissioner on granting or 
62.11 	denying licensure or licensure renewal;
62.12 	(6) review reports of investigations relating to individuals and make recommendations 
62.13 	to the commissioner as to whether licensure should be denied or disciplinary action taken 
62.14 	against the individual;
62.15 	(7) advise the commissioner regarding approval of continuing education activities 
62.16 	provided by sponsors using the criteria in section 148.5193, subdivision 2; and
62.17 	(8) perform other duties authorized for advisory councils under chapter 214, or as directed 
62.18 	by the commissioner.

62.19 	EFFECTIVE DATE. This section is effective July 1, 2025.

62.20 	Sec. 28. Minnesota Statutes 2023 Supplement, section 245C.031, subdivision 4, is amended 
62.21 	to read:
62.22 		Subd. 4.Applicants, licensees, and other occupations regulated by the commissioner 
62.23 	of health. The commissioner shall conduct an alternative background study, including a 
62.24 	check of state data, and a national criminal history records check of the following individuals. 
62.25 	For studies under this section, the following persons shall complete a consent form and 
62.26 	criminal history disclosure form:
62.27 	(1) An applicant for initial licensure, temporary licensure, or relicensure after a lapse in 
62.28 	licensure as an audiologist or, speech-language pathologist, or speech-language pathologist 
62.29 	assistant, or an applicant for initial certification as a hearing instrument dispenser who must 
62.30 	submit to a background study under section 144.0572.
63.1 	(2) An applicant for a renewal license or certificate as an audiologist, speech-language 
63.2 	pathologist, or hearing instrument dispenser who was licensed or obtained a certificate 
63.3 	before January 1, 2018.

63.4 	EFFECTIVE DATE. This section is effective July 1, 2025.

63.5 	ARTICLE 9
63.6 	PHYSICIAN ASSISTANT LICENSURE COMPACT

63.7 	Section 1. [148.675] PHYSICIAN ASSISTANT LICENSURE COMPACT.
63.8 	The physician assistant (PA) licensure compact is enacted into law and entered into with 
63.9 	all other jurisdictions legally joining in it in the form substantially specified in this section.
63.10 	ARTICLE I
63.11 	TITLE
63.12 	This statute shall be known and cited as the physician assistant licensure compact.
63.13 	ARTICLE II
63.14 	DEFINITIONS
63.15 	As used in this compact, and except as otherwise provided, the following terms have 
63.16 	the meanings given them.
63.17 	(a) "Adverse action" means any administrative, civil, equitable, or criminal action 
63.18 	permitted by a state's laws that is imposed by a licensing board or other authority against a 
63.19 	PA license, license application, or compact privilege such as license denial, censure, 
63.20 	revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's 
63.21 	practice.
63.22 	(b) "Charter participating states" means the states that enacted the compact prior to the 
63.23 	commission convening.
63.24 	(c) "Compact privilege" means the authorization granted by a remote state to allow a 
63.25 	licensee from another participating state to practice as a PA to provide medical services or 
63.26 	other licensed activities to a patient located in the remote state under the remote state's laws 
63.27 	and regulations.
63.28 	(d) "Conviction" means a finding by a court that an individual is guilty of a felony or 
63.29 	misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the 
63.30 	charge by the offender.
64.1 	(e) "Criminal background check" means the submission of fingerprints or other 
64.2 	biometric-based information for a license applicant for the purpose of obtaining that 
64.3 	applicant's criminal history record information, as defined in Code of Federal Regulations, 
64.4 	title 28, part 20, subpart 20.3, clause (d), from the state's criminal history record repository, 
64.5 	as defined in Code of Federal Regulations, title 28, part 20, subpart 20.3, clause (f).
64.6 	(f) "Data system" means the repository of information about licensees, including but not 
64.7 	limited to license status and adverse action, that is created and administered under the terms 
64.8 	of this compact.
64.9 	(g) "Executive committee" means a group of directors and ex officio individuals elected 
64.10 	or appointed pursuant to article VII, paragraph (f), clause (2).
64.11 	(h) "Impaired practitioner" means a PA whose practice is adversely affected by a 
64.12 	health-related condition that impacts the PA's ability to practice.
64.13 	(i) "Investigative information" means information, records, and documents received or 
64.14 	generated by a licensing board pursuant to an investigation.
64.15 	(j) "Jurisprudence requirement" means the assessment of an individual's knowledge of 
64.16 	the laws and rules governing the practice of a PA in a state.
64.17 	(k) "License" means current authorization by a state, other than authorization pursuant 
64.18 	to a compact privilege, for a PA to provide medical services, which would be unlawful 
64.19 	without current authorization.
64.20 	(l) "Licensee" means an individual who holds a license from a state to provide medical 
64.21 	services as a PA.
64.22 	(m) "Licensing board" means any state entity authorized to license and otherwise regulate 
64.23 	PAs.
64.24 	(n) "Medical services" means health care services provided for the diagnosis, prevention, 
64.25 	treatment, cure, or relief of a health condition, injury, or disease, as defined by a state's laws 
64.26 	and regulations.
64.27 	(o) "Model compact" means the model for the PA licensure compact on file with the 
64.28 	Council of State Governments or other entity as designated by the commission.
64.29 	(p) "Participating state" means a state that has enacted this compact.
64.30 	(q) "PA" means an individual who is licensed as a physician assistant in a state. For 
64.31 	purposes of this compact, any other title or status adopted by a state to replace the term 
64.32 	"physician assistant" shall be deemed synonymous with "physician assistant" and shall 
65.1 	confer the same rights and responsibilities to the licensee under the provisions of this compact 
65.2 	at the time of its enactment.
65.3 	(r) "PA Licensure Compact Commission" or "compact commission" or "commission" 
65.4 	means the national administrative body created pursuant to article VII, paragraph (a).
65.5 	(s) "Qualifying license" means an unrestricted license issued by a participating state to 
65.6 	provide medical services as a PA.
65.7 	(t) "Remote state" means a participating state where a licensee who is not licensed as a 
65.8 	PA is exercising or seeking to exercise the compact privilege.
65.9 	(u) "Rule" means a regulation promulgated by an entity that has the force and effect of 
65.10 	law.
65.11 	(v) "Significant investigative information" means investigative information that a 
65.12 	licensing board, after an inquiry or investigation that includes notification and an opportunity 
65.13 	for the PA to respond if required by state law, has reason to believe is not groundless and, 
65.14 	if proven true, would indicate more than a minor infraction.
65.15 	(w) "State" means any state, commonwealth, district, or territory of the United States.
65.16 	ARTICLE III
65.17 	STATE PARTICIPATION IN THE COMPACT
65.18 	(a) To participate in this compact, a participating state must:
65.19 	(1) license PAs;
65.20 	(2) participate in the commission's data system;
65.21 	(3) have a mechanism in place for receiving and investigating complaints against licensees 
65.22 	and license applicants;
65.23 	(4) notify the commission, in compliance with the terms of this compact and commission 
65.24 	rules, of any adverse action against the licensee or license applicant and the existence of 
65.25 	significant investigative information regarding a licensee or license applicant;
65.26 	(5) fully implement a criminal background check requirement, within a time frame 
65.27 	established by commission rule, by its licensing board receiving the results of a criminal 
65.28 	background check and reporting to the commission whether the license applicant has been 
65.29 	granted a license;
65.30 	(6) fully comply with the rules of the compact commission;
66.1 	(7) utilize a recognized national examination such as the National Commission on 
66.2 	Certification of Physician Assistants (NCCPA) physician assistant national certifying 
66.3 	examination as a requirement for PA licensure; and
66.4 	(8) grant the compact privilege to a holder of a qualifying license in a participating state.
66.5 	(b) Nothing in this compact prohibits a participating state from charging a fee for granting 
66.6 	the compact privilege.
66.7 	ARTICLE IV
66.8 	COMPACT PRIVILEGE
66.9 	(a) To exercise the compact privilege, a licensee must:
66.10 	(1) have graduated from a PA program accredited by the Accreditation Review 
66.11 	Commission on Education for the Physician Assistant, Inc. or other programs authorized 
66.12 	by commission rule;
66.13 	(2) hold current NCCPA certification;
66.14 	(3) have no felony or misdemeanor convictions;
66.15 	(4) have never had a controlled substance license, permit, or registration suspended or 
66.16 	revoked by a state or by the United States Drug Enforcement Administration;
66.17 	(5) have a unique identifier as determined by commission rule;
66.18 	(6) hold a qualifying license;
66.19 	(7) have had no revocation of a license or limitation or restriction due to an adverse 
66.20 	action on any currently held license;
66.21 	(8) if a licensee has had a limitation or restriction on a license or compact privilege due 
66.22 	to an adverse action, two years must have elapsed from the date on which the license or 
66.23 	compact privilege is no longer limited or restricted due to the adverse action;
66.24 	(9) if a compact privilege has been revoked or is limited or restricted in a participating 
66.25 	state for conduct that would not be a basis for disciplinary action in a participating state in 
66.26 	which the licensee is practicing or applying to practice under a compact privilege, that 
66.27 	participating state shall have the discretion not to consider such action as an adverse action 
66.28 	requiring the denial or removal of a compact privilege in that state;
66.29 	(10) notify the compact commission that the licensee is seeking the compact privilege 
66.30 	in a remote state;
67.1 	(11) meet any jurisprudence requirement of a remote state in which the licensee is seeking 
67.2 	to practice under the compact privilege and pay any fees applicable to satisfying the 
67.3 	jurisprudence requirement; and
67.4 	(12) report to the commission any adverse action taken by any nonparticipating state 
67.5 	within 30 days after the date the action is taken.
67.6 	(b) The compact privilege is valid until the expiration or revocation of the qualifying 
67.7 	license unless terminated pursuant to an adverse action. The licensee must also comply with 
67.8 	all of the requirements of paragraph (a) to maintain the compact privilege in a remote state. 
67.9 	If the participating state takes adverse action against a qualifying license, the licensee shall 
67.10 	lose the compact privilege in any remote state in which the licensee has a compact privilege 
67.11 	until all of the following occur:
67.12 	(1) the license is no longer limited or restricted; and
67.13 	(2) two years have elapsed from the date on which the license is no longer limited or 
67.14 	restricted due to the adverse action.
67.15 	(c) Once a restricted or limited license satisfies the requirements of paragraph (b), the 
67.16 	licensee must meet the requirements of paragraph (a) to obtain a compact privilege in any 
67.17 	remote state.
67.18 	(d) For each remote state in which a PA seeks authority to prescribe controlled substances, 
67.19 	the PA shall satisfy all requirements imposed by such state in granting or renewing such 
67.20 	authority.
67.21 	ARTICLE V
67.22 	DESIGNATION OF THE STATE FROM WHICH LICENSEE IS APPLYING FOR 
67.23 	COMPACT PRIVILEGE
67.24 	Upon a licensee's application for a compact privilege, the licensee must identify to the 
67.25 	commission the participating state from which the licensee is applying, in accordance with 
67.26 	applicable rules adopted by the commission, and subject to the following requirements:
67.27 	(1) the licensee must provide the commission with the address of the licensee's primary 
67.28 	residence and thereafter shall immediately report to the commission any change in the 
67.29 	address of the licensee's primary residence; and
67.30 	(2) the licensee must consent to accept service of process by mail at the licensee's primary 
67.31 	residence on file with the commission with respect to any action brought against the licensee 
68.1 	by the commission or a participating state, including a subpoena, with respect to any action 
68.2 	brought or investigation conducted by the commission or a participating state.
68.3 	ARTICLE VI
68.4 	ADVERSE ACTIONS
68.5 	(a) A participating state in which a licensee is licensed shall have exclusive power to 
68.6 	impose adverse action against the qualifying license issued by that participating state.
68.7 	(b) In addition to the other powers conferred by state law, a remote state shall have the 
68.8 	authority, in accordance with existing state due process law, to do the following:
68.9 	(1) take adverse action against a PA's compact privilege in the state to remove a licensee's 
68.10 	compact privilege or take other action necessary under applicable law to protect the health 
68.11 	and safety of its citizens; and
68.12 	(2) issue subpoenas for both hearings and investigations that require the attendance and 
68.13 	testimony of witnesses and the production of evidence. Subpoenas issued by a licensing 
68.14 	board in a participating state for the attendance and testimony of witnesses or the production 
68.15 	of evidence from another participating state shall be enforced in the latter state by any court 
68.16 	of competent jurisdiction, according to the practice and procedure of that court applicable 
68.17 	to subpoenas issued in proceedings pending before it. The issuing authority shall pay any 
68.18 	witness fees, travel expenses, mileage, and other fees required by the service statutes of the 
68.19 	state in which the witnesses or evidence are located.
68.20 	(c) Notwithstanding paragraph (b), clause (1), subpoenas may not be issued by a 
68.21 	participating state to gather evidence of conduct in another state that is lawful in that other 
68.22 	state, for the purpose of taking adverse action against a licensee's compact privilege or 
68.23 	application for a compact privilege in that participating state.
68.24 	(d) Nothing in this compact authorizes a participating state to impose discipline against 
68.25 	a PA's compact privilege or to deny an application for a compact privilege in that participating 
68.26 	state for the individual's otherwise lawful practice in another state.
68.27 	(e) For purposes of taking adverse action, the participating state which issued the 
68.28 	qualifying license shall give the same priority and effect to reported conduct received from 
68.29 	any other participating state as it would if the conduct had occurred within the participating 
68.30 	state which issued the qualifying license. In so doing, that participating state shall apply its 
68.31 	own state laws to determine appropriate action.
69.1 	(f) A participating state, if otherwise permitted by state law, may recover from the 
69.2 	affected PA the costs of investigations and disposition of cases resulting from any adverse 
69.3 	action taken against that PA.
69.4 	(g) A participating state may take adverse action based on the factual findings of a remote 
69.5 	state, provided that the participating state follows its own procedures for taking the adverse 
69.6 	action.
69.7 	(h) Joint investigations:
69.8 	(1) in addition to the authority granted to a participating state by its respective state PA 
69.9 	laws and regulations or other applicable state law, any participating state may participate 
69.10 	with other participating states in joint investigations of licensees; and
69.11 	(2) participating states shall share any investigative, litigation, or compliance materials 
69.12 	in furtherance of any joint or individual investigation initiated under this compact.
69.13 	(i) If an adverse action is taken against a PA's qualifying license, the PA's compact 
69.14 	privilege in all remote states shall be deactivated until two years have elapsed after all 
69.15 	restrictions have been removed from the state license. All disciplinary orders by the 
69.16 	participating state which issued the qualifying license that impose adverse action against a 
69.17 	PA's license shall include a statement that the PA's compact privilege is deactivated in all 
69.18 	participating states during the pendency of the order.
69.19 	(j) If any participating state takes adverse action, it promptly shall notify the administrator 
69.20 	of the data system.
69.21 	ARTICLE VII
69.22 	ESTABLISHMENT OF THE PA LICENSURE COMPACT COMMISSION
69.23 	(a) The participating states hereby create and establish a joint government agency and 
69.24 	national administrative body known as the PA Licensure Compact Commission. The 
69.25 	commission is an instrumentality of the compact states acting jointly, and is not an 
69.26 	instrumentality of any one state. The commission shall come into existence on or after the 
69.27 	effective date of the compact as set forth in article XI, paragraph (a).
69.28 	(b) Membership, voting, and meetings:
69.29 	(1) each participating state shall have and be limited to one delegate selected by that 
69.30 	participating state's licensing board or, if the state has more than one licensing board, selected 
69.31 	collectively by the participating state's licensing boards;
69.32 	(2) the delegate shall be:
70.1 	(i) a current PA, physician, or public member of a licensing board or PA council or 
70.2 	committee; or
70.3 	(ii) an administrator of a licensing board;
70.4 	(3) any delegate may be removed or suspended from office as provided by the laws of 
70.5 	the state from which the delegate is appointed;
70.6 	(4) the participating state board shall fill any vacancy occurring in the commission within 
70.7 	60 days;
70.8 	(5) each delegate shall be entitled to one vote on all matters voted on by the commission 
70.9 	and shall otherwise have an opportunity to participate in the business and affairs of the 
70.10 	commission;
70.11 	(6) a delegate shall vote in person or by such other means as provided in the bylaws. 
70.12 	The bylaws may provide for delegates' participation in meetings by telecommunications, 
70.13 	video conference, or other means of communication;
70.14 	(7) the commission shall meet at least once during each calendar year. Additional 
70.15 	meetings shall be held as set forth in this compact and the bylaws; and
70.16 	(8) the commission shall establish by rule a term of office for delegates.
70.17 	(c) The commission shall have the following powers and duties:
70.18 	(1) establish a code of ethics for the commission;
70.19 	(2) establish the fiscal year of the commission;
70.20 	(3) establish fees;
70.21 	(4) establish bylaws;
70.22 	(5) maintain its financial records in accordance with the bylaws;
70.23 	(6) meet and take such actions as are consistent with the provisions of this compact and 
70.24 	the bylaws;
70.25 	(7) promulgate rules to facilitate and coordinate implementation and administration of 
70.26 	this compact. The rules shall have the force and effect of law and shall be binding in all 
70.27 	participating states;
70.28 	(8) bring and prosecute legal proceedings or actions in the name of the commission, 
70.29 	provided that the standing of any state licensing board to sue or be sued under applicable 
70.30 	law shall not be affected;
71.1 	(9) purchase and maintain insurance and bonds;
71.2 	(10) borrow, accept, or contract for services of personnel, including but not limited to 
71.3 	employees of a participating state;
71.4 	(11) hire employees and engage contractors, elect or appoint officers, fix compensation, 
71.5 	define duties, grant such individuals appropriate authority to carry out the purposes of this 
71.6 	compact, and establish the commission's personnel policies and programs relating to conflicts 
71.7 	of interest, qualifications of personnel, and other related personnel matters;
71.8 	(12) accept any and all appropriate donations and grants of money, equipment, supplies, 
71.9 	materials, and services, and receive, utilize, and dispose of the same, provided that at all 
71.10 	times the commission shall avoid any appearance of impropriety or conflict of interest;
71.11 	(13) lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, 
71.12 	improve, or use, any property, real, personal, or mixed, provided that at all times the 
71.13 	commission shall avoid any appearance of impropriety;
71.14 	(14) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of 
71.15 	any property real, personal, or mixed;
71.16 	(15) establish a budget and make expenditures;
71.17 	(16) borrow money;
71.18 	(17) appoint committees, including standing committees composed of members, state 
71.19 	regulators, state legislators or their representatives, and consumer representatives, and such 
71.20 	other interested persons as may be designated in this compact and the bylaws;
71.21 	(18) provide and receive information from, and cooperate with, law enforcement agencies;
71.22 	(19) elect a chair, vice chair, secretary, and treasurer and such other officers of the 
71.23 	commission as provided in the commission's bylaws;
71.24 	(20) reserve for itself, in addition to those reserved exclusively to the commission under 
71.25 	the compact, powers that the executive committee may not exercise;
71.26 	(21) approve or disapprove a state's participation in the compact based upon its 
71.27 	determination as to whether the state's compact legislation departs in a material manner 
71.28 	from the model compact language;
71.29 	(22) prepare and provide to the participating states an annual report; and
71.30 	(23) perform such other functions as may be necessary or appropriate to achieve the 
71.31 	purposes of this compact consistent with the state regulation of PA licensure and practice.
72.1 	(d) Meetings of the commission:
72.2 	(1) all meetings of the commission that are not closed pursuant to this paragraph shall 
72.3 	be open to the public. Notice of public meetings shall be posted on the commission's website 
72.4 	at least 30 days prior to the public meeting;
72.5 	(2) notwithstanding clause (1), the commission may convene a public meeting by 
72.6 	providing at least 24 hours' prior notice on the commission's website, and any other means 
72.7 	as provided in the commission's rules, for any of the reasons it may dispense with notice of 
72.8 	proposed rulemaking under article IX, paragraph (l);
72.9 	(3) the commission may convene in a closed, nonpublic meeting or nonpublic part of a 
72.10 	public meeting to receive legal advice or to discuss:
72.11 	(i) noncompliance of a participating state with its obligations under this compact;
72.12 	(ii) the employment, compensation, discipline, or other matters, practices, or procedures 
72.13 	related to specific employees, or other matters related to the commission's internal personnel 
72.14 	practices and procedures;
72.15 	(iii) current, threatened, or reasonably anticipated litigation;
72.16 	(iv) negotiation of contracts for the purchase, lease, or sale of goods, services, or real 
72.17 	estate;
72.18 	(v) accusing any person of a crime or formally censuring any person;
72.19 	(vi) disclosure of trade secrets or commercial or financial information that is privileged 
72.20 	or confidential;
72.21 	(vii) disclosure of information of a personal nature where disclosure would constitute a 
72.22 	clearly unwarranted invasion of personal privacy;
72.23 	(viii) disclosure of investigative records compiled for law enforcement purposes;
72.24 	(ix) disclosure of information related to any investigative reports prepared by or on 
72.25 	behalf of, or for use of, the commission or other committee charged with responsibility of 
72.26 	investigation or determination of compliance issues pursuant to this compact;
72.27 	(x) legal advice; or
72.28 	(xi) matters specifically exempted from disclosure by federal or participating states' 
72.29 	statutes;
73.1 	(4) if a meeting, or portion of a meeting, is closed pursuant to clause (3), the chair of 
73.2 	the meeting or the chair's designee shall certify that the meeting or portion of the meeting 
73.3 	may be closed and shall reference each relevant exempting provision; and
73.4 	(5) the commission shall keep minutes that fully and clearly describe all matters discussed 
73.5 	in a meeting and shall provide a full and accurate summary of actions taken, including a 
73.6 	description of the views expressed. All documents considered in connection with an action 
73.7 	shall be identified in such minutes. All minutes and documents of a closed meeting shall 
73.8 	remain under seal, subject to release by a majority vote of the commission or order of a 
73.9 	court of competent jurisdiction.
73.10 	(e) Financing of the commission:
73.11 	(1) the commission shall pay, or provide for the payment of, the reasonable expenses of 
73.12 	its establishment, organization, and ongoing activities;
73.13 	(2) the commission may accept any and all appropriate revenue sources, donations, and 
73.14 	grants of money, equipment, supplies, materials, and services;
73.15 	(3) the commission may levy on and collect an annual assessment from each participating 
73.16 	state and may impose compact privilege fees on licensees of participating states to whom 
73.17 	a compact privilege is granted, to cover the cost of the operations and activities of the 
73.18 	commission and its staff. The cost of the operations and activities of the commission and 
73.19 	its staff must be in a total amount sufficient to cover its annual budget as approved by the 
73.20 	commission each year for which revenue is not provided by other sources. The aggregate 
73.21 	annual assessment amount levied on participating states shall be allocated based upon a 
73.22 	formula to be determined by commission rule:
73.23 	(i) a compact privilege expires when the licensee's qualifying license in the participating 
73.24 	state from which the licensee applied for the compact privilege expires; and
73.25 	(ii) if the licensee terminates the qualifying license through which the licensee applied 
73.26 	for the compact privilege before its scheduled expiration, and the licensee has a qualifying 
73.27 	license in another participating state, the licensee shall inform the commission that it is 
73.28 	changing the participating state through which it applies for a compact privilege to the other 
73.29 	participating state and pay to the commission any compact privilege fee required by 
73.30 	commission rule;
73.31 	(4) the commission shall not incur obligations of any kind prior to securing the funds 
73.32 	adequate to meet the same, nor shall the commission pledge the credit of any of the 
73.33 	participating states, except by and with the authority of the participating state; and
74.1 	(5) the commission shall keep accurate accounts of all receipts and disbursements. The 
74.2 	receipts and disbursements of the commission shall be subject to the financial review and 
74.3 	accounting procedures established under its bylaws. All receipts and disbursements of funds 
74.4 	handled by the commission shall be subject to an annual financial review by a certified or 
74.5 	licensed public accountant, and the report of the financial review shall be included in and 
74.6 	become part of the annual report of the commission.
74.7 	(f) The executive committee:
74.8 	(1) the executive committee shall have the power to act on behalf of the commission 
74.9 	according to the terms of this compact and commission rules;
74.10 	(2) the executive committee shall be composed of nine members as follows:
74.11 	(i) seven voting members who are elected by the commission from the current 
74.12 	membership of the commission;
74.13 	(ii) one ex officio, nonvoting member from a recognized national PA professional 
74.14 	association; and
74.15 	(iii) one ex officio, nonvoting member from a recognized national PA certification 
74.16 	organization;
74.17 	(3) the ex officio members will be selected by their respective organizations;
74.18 	(4) the commission may remove any member of the executive committee as provided 
74.19 	in its bylaws;
74.20 	(5) the executive committee shall meet at least annually;
74.21 	(6) the executive committee shall have the following duties and responsibilities:
74.22 	(i) recommend to the entire commission changes to the commission's rules or bylaws, 
74.23 	changes to this compact legislation, fees paid by compact participating states such as annual 
74.24 	dues, and any commission compact fee charged to licensees for the compact privilege;
74.25 	(ii) ensure compact administration services are appropriately provided, contractual or 
74.26 	otherwise;
74.27 	(iii) prepare and recommend the budget;
74.28 	(iv) maintain financial records on behalf of the commission;
74.29 	(v) monitor compact compliance of participating states and provide compliance reports 
74.30 	to the commission;
74.31 	(vi) establish additional committees as necessary;
75.1 	(vii) exercise the powers and duties of the commission during the interim between 
75.2 	commission meetings, except for issuing proposed rulemaking or adopting commission 
75.3 	rules or bylaws, or exercising any other powers and duties exclusively reserved to the 
75.4 	commission by the commission's rules; and
75.5 	(viii) perform other duties as provided in commission's rules or bylaws;
75.6 	(7) all meetings of the executive committee at which it votes or plans to vote on matters 
75.7 	in exercising the powers and duties of the commission shall be open to the public, and public 
75.8 	notice of such meetings shall be given as public meetings of the commission are given; and
75.9 	(8) the executive committee may convene in a closed, nonpublic meeting for the same 
75.10 	reasons that the commission may convene in a nonpublic meeting as set forth in paragraph 
75.11 	(d), clause (3), and shall announce the closed meeting as the commission is required to 
75.12 	under paragraph (d), clause (4), and keep minutes of the closed meeting as the commission 
75.13 	is required to under paragraph (d), clause (5).
75.14 	(g) Qualified immunity, defense, and indemnification:
75.15 	(1) the members, officers, executive director, employees, and representatives of the 
75.16 	commission shall be immune from suit and liability, both personally and in their official 
75.17 	capacity, for any claim for damage to or loss of property or personal injury or other civil 
75.18 	liability caused by or arising out of any actual or alleged act, error, or omission that occurred, 
75.19 	or that the person against whom the claim is made had a reasonable basis for believing 
75.20 	occurred, within the scope of commission employment, duties, or responsibilities, provided 
75.21 	that nothing in this paragraph shall be construed to protect any such person from suit or 
75.22 	liability for any damage, loss, injury, or liability caused by the intentional or willful or 
75.23 	wanton misconduct of that person. The procurement of insurance of any type by the 
75.24 	commission shall not in any way compromise or limit the immunity granted hereunder;
75.25 	(2) the commission shall defend any member, officer, executive director, employee, or 
75.26 	representative of the commission in any civil action seeking to impose liability arising out 
75.27 	of any actual or alleged act, error, or omission that occurred within the scope of commission 
75.28 	employment, duties, or responsibilities, or that the person against whom the claim is made 
75.29 	had a reasonable basis for believing occurred within the scope of commission employment, 
75.30 	duties, or responsibilities, provided that nothing herein shall be construed to prohibit that 
75.31 	person from retaining their own counsel at their own expense, and provided further that the 
75.32 	actual or alleged act, error, or omission did not result from that person's intentional or willful 
75.33 	or wanton misconduct;
76.1 	(3) the commission shall indemnify and hold harmless any member, officer, executive 
76.2 	director, employee, or representative of the commission for the amount of any settlement 
76.3 	or judgment obtained against that person arising out of any actual or alleged act, error, or 
76.4 	omission that occurred within the scope of commission employment, duties, or 
76.5 	responsibilities, or that such person had a reasonable basis for believing occurred within 
76.6 	the scope of commission employment, duties, or responsibilities, provided that the actual 
76.7 	or alleged act, error, or omission did not result from the intentional or willful or wanton 
76.8 	misconduct of that person;
76.9 	(4) except as provided under paragraph (i), venue is proper and judicial proceedings by 
76.10 	or against the commission shall be brought solely and exclusively in a court of competent 
76.11 	jurisdiction where the principal office of the commission is located. The commission may 
76.12 	waive venue and jurisdictional defenses in any proceedings as authorized by commission 
76.13 	rules;
76.14 	(5) nothing herein shall be construed as a limitation on the liability of any licensee for 
76.15 	professional malpractice or misconduct, which shall be governed solely by any other 
76.16 	applicable state laws;
76.17 	(6) nothing herein shall be construed to designate the venue or jurisdiction to bring 
76.18 	actions for alleged acts of malpractice, professional misconduct, negligence, or other such 
76.19 	civil action pertaining to the practice of a PA. All such matters shall be determined 
76.20 	exclusively by state law other than this compact;
76.21 	(7) nothing in this compact shall be interpreted to waive or otherwise abrogate a 
76.22 	participating state's state action immunity or state action affirmative defense with respect 
76.23 	to antitrust claims under the federal Sherman Act, Clayton Act, or any other state or federal 
76.24 	antitrust or anticompetitive law or regulation; and
76.25 	(8) nothing in this compact shall be construed to be a waiver of sovereign immunity by 
76.26 	the participating states or by the commission.
76.27 	(h) Notwithstanding paragraph (g), clause (1), the liability of the executive director, 
76.28 	employees, or representatives of the interstate commission, acting within the scope of their 
76.29 	employment or duties, may not exceed the limits of liability set forth under the constitution 
76.30 	and laws of this state for state officials, employees, and agents. This paragraph expressly 
76.31 	incorporates  section 3.736, and neither expands nor limits the rights and remedies provided 
76.32 	under that statute.
76.33 	(i) Except for a claim alleging a violation of this compact, a claim against the commission, 
76.34 	its executive director, employees, or representatives alleging a violation of the constitution 
77.1 	and laws of this state may be brought in any county where the plaintiff resides. Nothing in 
77.2 	this paragraph creates a private right of action.
77.3 	ARTICLE VIII
77.4 	DATA SYSTEM
77.5 	(a) The commission shall provide for the development, maintenance, and utilization of 
77.6 	a coordinated database and reporting system containing licensure and adverse action 
77.7 	information, and the reporting of significant investigative information on all licensed PAs 
77.8 	and applicants denied a license in participating states.
77.9 	(b) Notwithstanding any other state law to the contrary, a participating state shall submit 
77.10 	a uniform data set to the data system on all PAs to whom this compact is applicable, using 
77.11 	a unique identifier, as required by the rules of the commission, including:
77.12 	(1) identifying information;
77.13 	(2) licensure data;
77.14 	(3) adverse actions against a license or compact privilege;
77.15 	(4) any denial of application for licensure and the reason or reasons for the denial, 
77.16 	excluding the reporting of any criminal history record information where prohibited by law;
77.17 	(5) the existence of significant investigative information; and
77.18 	(6) other information that may facilitate the administration of this compact, as determined 
77.19 	by the rules of the commission.
77.20 	(c) Significant investigative information pertaining to a licensee in any participating 
77.21 	state shall only be available to other participating states.
77.22 	(d) The commission shall promptly notify all participating states of any reports it receives 
77.23 	of any adverse action taken against a licensee or an individual applying for a license. This 
77.24 	adverse action information shall be available to any other participating state.
77.25 	(e) Participating states contributing information to the data system may, in accordance 
77.26 	with state or federal law, designate information that may not be shared with the public 
77.27 	without the express permission of the contributing state. Notwithstanding any such 
77.28 	designation, such information shall be reported to the commission through the data system.
77.29 	(f) Any information submitted to the data system that is subsequently expunged by 
77.30 	federal law or the laws of the participating state contributing the information shall be removed 
77.31 	from the data system upon reporting of such by the participating state to the commission.
78.1 	(g) The records and information provided to a participating state pursuant to this compact 
78.2 	or through the data system, when certified by the commission or an agent thereof, shall 
78.3 	constitute the authenticated business records of the commission and shall be entitled to any 
78.4 	associated hearsay exception in any relevant judicial, quasi-judicial, or administrative 
78.5 	proceedings in a participating state.
78.6 	ARTICLE IX
78.7 	RULEMAKING
78.8 	(a) The commission shall exercise its rulemaking powers pursuant to the criteria set 
78.9 	forth in this article and the rules adopted thereunder. Commission rules shall become binding 
78.10 	as of the date specified by the commission for each rule.
78.11 	(b) The commission shall promulgate reasonable rules in order to effectively and 
78.12 	efficiently implement and administer this compact and achieve its purposes. A commission 
78.13 	rule shall be invalid and have no force or effect only if a court of competent jurisdiction 
78.14 	holds that the rule is invalid because the commission exercised its rulemaking authority in 
78.15 	a manner that is beyond the scope of the purposes of this compact, or the powers granted 
78.16 	hereunder, or based upon another applicable standard of review.
78.17 	(c) The rules of the commission shall have the force of law in each participating state, 
78.18 	provided however that where the rules of the commission conflict with the laws of the 
78.19 	participating state that establish the medical services a PA may perform in the participating 
78.20 	state, as held by a court of competent jurisdiction, the rules of the commission shall be 
78.21 	ineffective in that state to the extent of the conflict.
78.22 	(d) If a majority of the legislatures of the participating states rejects a commission rule, 
78.23 	by enactment of a statute or resolution in the same manner used to adopt the compact within 
78.24 	four years of the date of adoption of the rule, then such rule shall have no further force and 
78.25 	effect in any participating state or in any state applying to participate in the compact.
78.26 	(e) Rules or amendments to the rules shall be adopted at a regular or special meeting of 
78.27 	the commission.
78.28 	(f) Prior to promulgation and adoption of a final rule or rules by the commission and at 
78.29 	least 30 days in advance of the meeting at which the rule will be considered and voted upon, 
78.30 	the commission shall file a notice of proposed rulemaking:
78.31 	(1) on the website of the commission or other publicly accessible platform;
78.32 	(2) to persons who have requested notice of the commission's notices of proposed 
78.33 	rulemaking; and
79.1 	(3) in such other ways as the commission may specify by rule.
79.2 	(g) The notice of proposed rulemaking shall include:
79.3 	(1) the time, date, and location of the public hearing on the proposed rule;
79.4 	(2) the time, date, and location of the public hearing in which the proposed rule will be 
79.5 	considered and voted upon;
79.6 	(3) the text of the proposed rule and the reason for the proposed rule;
79.7 	(4) a request for comments on the proposed rule from any interested person and the date 
79.8 	by which written comments must be received; and
79.9 	(5) the manner in which interested persons may submit notice to the commission of their 
79.10 	intention to attend the public hearing and any written comments.
79.11 	(h) Prior to adoption of a proposed rule, the commission shall allow persons to submit 
79.12 	written data, facts, opinions, and arguments, which shall be made available to the public.
79.13 	(i) If the hearing is held via electronic means, the commission shall publish the mechanism 
79.14 	for access to the electronic hearing:
79.15 	(1) all persons wishing to be heard at the hearing shall notify the commission of their 
79.16 	desire to appear and testify at the hearing, not less than five business days before the 
79.17 	scheduled date of the hearing, as directed in the notice of proposed rulemaking;
79.18 	(2) hearings shall be conducted in a manner providing each person who wishes to 
79.19 	comment a fair and reasonable opportunity to comment orally or in writing;
79.20 	(3) all hearings shall be recorded. A copy of the recording and the written comments, 
79.21 	data, facts, opinions, and arguments received in response to the proposed rulemaking shall 
79.22 	be made available to a person on request; and
79.23 	(4) nothing in this section shall be construed as requiring a separate hearing on each 
79.24 	rule. Proposed rules may be grouped for the convenience of the commission at hearings 
79.25 	required by this article.
79.26 	(j) Following the public hearing, the commission shall consider all written and oral 
79.27 	comments timely received.
79.28 	(k) The commission shall, by majority vote of all delegates, take final action on the 
79.29 	proposed rule and shall determine the effective date of the rule, if adopted, based on the 
79.30 	rulemaking record and the full text of the rule. The commission:
79.31 	(1) shall, if adopted, post the rule on the commission's website;
80.1 	(2) may adopt changes to the proposed rule provided the changes do not expand the 
80.2 	original purpose of the proposed rule;
80.3 	(3) shall provide on its website an explanation of the reasons for substantive changes 
80.4 	made to the proposed rule as well as reasons for substantive changes not made that were 
80.5 	recommended by commenters; and
80.6 	(4) shall determine a reasonable effective date for the rule. Except for an emergency as 
80.7 	provided in paragraph (l), the effective date of the rule shall be no sooner than 30 days after 
80.8 	the commission issued the notice that it adopted the rule.
80.9 	(l) Upon determination that an emergency exists, the commission may consider and 
80.10 	adopt an emergency rule with 24 hours' prior notice, without the opportunity for comment 
80.11 	or hearing, provided that the usual rulemaking procedures provided in the compact and in 
80.12 	this article shall be retroactively applied to the rule as soon as reasonably possible, in no 
80.13 	event later than 90 days after the effective date of the rule. For the purposes of this provision, 
80.14 	an emergency rule is one that must be adopted immediately by the commission in order to:
80.15 	(1) meet an imminent threat to public health, safety, or welfare;
80.16 	(2) prevent a loss of commission or participating state funds;
80.17 	(3) meet a deadline for the promulgation of a commission rule that is established by 
80.18 	federal law or rule; or
80.19 	(4) protect public health and safety.
80.20 	(m) The commission or an authorized committee of the commission may direct revisions 
80.21 	to a previously adopted commission rule for purposes of correcting typographical errors, 
80.22 	errors in format, errors in consistency, or grammatical errors. Public notice of any revisions 
80.23 	shall be posted on the website of the commission. The revision shall be subject to challenge 
80.24 	by any person for a period of 30 days after posting. The revision may be challenged only 
80.25 	on grounds that the revision results in a material change to a rule. A challenge shall be made 
80.26 	as set forth in the notice of revisions and delivered to the commission prior to the end of 
80.27 	the notice period. If no challenge is made, the revision will take effect without further action. 
80.28 	If the revision is challenged, the revision may not take effect without the approval of the 
80.29 	commission.
80.30 	(n) No participating state's rulemaking requirements shall apply under this compact.
80.31 	ARTICLE X
80.32 	OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
81.1 	(a) Oversight:
81.2 	(1) the executive and judicial branches of state government in each participating state 
81.3 	shall enforce this compact and take all actions necessary and appropriate to implement the 
81.4 	compact;
81.5 	(2) venue is proper and judicial proceedings by or against the commission shall be 
81.6 	brought solely and exclusively in a court of competent jurisdiction where the principal office 
81.7 	of the commission is located. The commission may waive venue and jurisdictional defenses 
81.8 	to the extent it adopts or consents to participate in alternative dispute resolution proceedings. 
81.9 	Nothing herein shall affect or limit the selection or propriety of venue in any action against 
81.10 	a licensee for professional malpractice, misconduct, or any such similar matter; and
81.11 	(3) the commission shall be entitled to receive service of process in any such proceeding 
81.12 	regarding the enforcement or interpretation of the compact or the commission's rules and 
81.13 	shall have standing to intervene in such a proceeding for all purposes. Failure to provide 
81.14 	service of process to the commission shall render a judgment or order void as to the 
81.15 	commission, this compact, or commission rules.
81.16 	(b) Default, technical assistance, and termination:
81.17 	(1) if the commission determines that a participating state has defaulted in the 
81.18 	performance of its obligations or responsibilities under this compact or the commission 
81.19 	rules, the commission shall:
81.20 	(i) provide written notice to the defaulting state and other participating states describing 
81.21 	the default, the proposed means of curing the default, or any other action that the commission 
81.22 	may take; and
81.23 	(ii) offer remedial training and specific technical assistance regarding the default;
81.24 	(2) if a state in default fails to cure the default, the defaulting state may be terminated 
81.25 	from this compact upon an affirmative vote of a majority of the delegates of the participating 
81.26 	states, and all rights, privileges, and benefits conferred by this compact may be terminated 
81.27 	on the effective date of termination. A cure of the default does not relieve the offending 
81.28 	state of obligations or liabilities incurred during the period of default;
81.29 	(3) termination of participation in this compact shall be imposed only after all other 
81.30 	means of securing compliance have been exhausted. Notice of intent to suspend or terminate 
81.31 	shall be given by the commission to the governor, the majority and minority leaders of the 
81.32 	defaulting state's legislature, and the licensing board or boards of each of the participating 
81.33 	states;
82.1 	(4) a state that has been terminated is responsible for all assessments, obligations, and 
82.2 	liabilities incurred through the effective date of termination, including obligations that 
82.3 	extend beyond the effective date of termination;
82.4 	(5) the commission shall not bear any costs related to a state that is found to be in default 
82.5 	or that has been terminated from this compact, unless agreed upon in writing between the 
82.6 	commission and the defaulting state;
82.7 	(6) the defaulting state may appeal its termination from the compact by the commission 
82.8 	by petitioning the United States District Court for the District of Columbia or the federal 
82.9 	district where the commission has its principal offices. The prevailing member shall be 
82.10 	awarded all costs of such litigation, including reasonable attorney fees; and
82.11 	(7) upon the termination of a state's participation in the compact, the state shall 
82.12 	immediately provide notice to all licensees within that state of such termination:
82.13 	(i) licensees who have been granted a compact privilege in that state shall retain the 
82.14 	compact privilege for 180 days following the effective date of such termination; and
82.15 	(ii) licensees who are licensed in that state who have been granted a compact privilege 
82.16 	in a participating state shall retain the compact privilege for 180 days, unless the licensee 
82.17 	also has a qualifying license in a participating state or obtains a qualifying license in a 
82.18 	participating state before the 180-day period ends, in which case the compact privilege shall 
82.19 	continue.
82.20 	(c) Dispute resolution:
82.21 	(1) upon request by a participating state, the commission shall attempt to resolve disputes 
82.22 	related to this compact that arise among participating states and between participating and 
82.23 	nonparticipating states; and
82.24 	(2) the commission shall promulgate a rule providing for both mediation and binding 
82.25 	dispute resolution for disputes, as appropriate.
82.26 	(d) Enforcement:
82.27 	(1) the commission, in the reasonable exercise of its discretion, shall enforce the 
82.28 	provisions of this compact and rules of the commission;
82.29 	(2) if compliance is not secured after all means to secure compliance have been exhausted, 
82.30 	by majority vote, the commission may initiate legal action in the United States District 
82.31 	Court for the District of Columbia or the federal district where the commission has its 
82.32 	principal offices against a participating state in default, to enforce compliance with the 
83.1 	provisions of this compact and the commission's promulgated rules and bylaws. The relief 
83.2 	sought may include both injunctive relief and damages. In the event judicial enforcement 
83.3 	is necessary, the prevailing member shall be awarded all costs of such litigation, including 
83.4 	reasonable attorney fees; and
83.5 	(3) the remedies herein shall not be the exclusive remedies of the commission. The 
83.6 	commission may pursue any other remedies available under federal or state law.
83.7 	(e) Legal action against the commission:
83.8 	(1) a participating state may initiate legal action against the commission in the United 
83.9 	States District Court for the District of Columbia or the federal district where the commission 
83.10 	has its principal offices to enforce compliance with the provisions of the compact and the 
83.11 	commission's rules. The relief sought may include both injunctive relief and damages. In 
83.12 	the event judicial enforcement is necessary, the prevailing party shall be awarded all costs 
83.13 	of such litigation, including reasonable attorney fees; and
83.14 	(2) no person other than a participating state shall enforce this compact against the 
83.15 	commission.
83.16 	ARTICLE XI
83.17 	DATE OF IMPLEMENTATION OF THE PA LICENSURE COMPACT COMMISSION
83.18 	(a) This compact shall come into effect on the date on which the compact statute is 
83.19 	enacted into law in the seventh participating state.
83.20 	(b) On or after the effective date of the compact, the commission shall convene and 
83.21 	review the enactment of each of the charter participating states to determine if the statute 
83.22 	enacted by each charter participating state is materially different than the model compact. 
83.23 	A charter participating state whose enactment is found to be materially different from the 
83.24 	model compact shall be entitled to the default process set forth in article X, paragraph (b).
83.25 	(c) If any participating state later withdraws from the compact or its participation is 
83.26 	terminated, the commission shall remain in existence and the compact shall remain in effect 
83.27 	even if the number of participating states should be less than seven. Participating states 
83.28 	enacting the compact subsequent to the commission convening shall be subject to the process 
83.29 	set forth in article VII, paragraph (c), clause (21), to determine if their enactments are 
83.30 	materially different from the model compact and whether they qualify for participation in 
83.31 	the compact.
83.32 	(d) Any participating state enacting the compact subsequent to the seven initial charter 
83.33 	participating states shall be subject to the process set forth in article VII, paragraph (c), 
84.1 	clause (21), to determine if the state's enactment is materially different from the model 
84.2 	compact and whether the state qualifies for participation in the compact.
84.3 	(e) All actions taken for the benefit of the commission or in furtherance of the purposes 
84.4 	of the administration of the compact prior to the effective date of the compact or the 
84.5 	commission coming into existence shall be considered to be actions of the commission 
84.6 	unless specifically repudiated by the commission.
84.7 	(f) Any state that joins this compact shall be subject to the commission's rules and bylaws 
84.8 	as they exist on the date on which this compact becomes law in that state. Any rule that has 
84.9 	been previously adopted by the commission shall have the full force and effect of law on 
84.10 	the day this compact becomes law in that state.
84.11 	(g) Any participating state may withdraw from this compact by enacting a statute 
84.12 	repealing the same:
84.13 	(1) a participating state's withdrawal shall not take effect until 180 days after enactment 
84.14 	of the repealing statute. During this 180-day period, all compact privileges that were in 
84.15 	effect in the withdrawing state and were granted to licensees licensed in the withdrawing 
84.16 	state shall remain in effect. If any licensee licensed in the withdrawing state is also licensed 
84.17 	in another participating state or obtains a license in another participating state within the 
84.18 	180 days, the licensee's compact privileges in other participating states shall not be affected 
84.19 	by the passage of the 180 days;
84.20 	(2) withdrawal shall not affect the continuing requirement of the state licensing board 
84.21 	or boards of the withdrawing state to comply with the investigative and adverse action 
84.22 	reporting requirements of this compact prior to the effective date of withdrawal; and
84.23 	(3) upon the enactment of a statute withdrawing a state from this compact, the state shall 
84.24 	immediately provide notice of such withdrawal to all licensees within that state. Such 
84.25 	withdrawing state shall continue to recognize all licenses granted pursuant to this compact 
84.26 	for a minimum of 180 days after the date of such notice of withdrawal.
84.27 	(h) Nothing contained in this compact shall be construed to invalidate or prevent any 
84.28 	PA licensure agreement or other cooperative arrangement between participating states or a 
84.29 	participating state and a nonparticipating state that does not conflict with the provisions of 
84.30 	this compact.
84.31 	(i) This compact may be amended by the participating states. No amendment to this 
84.32 	compact shall become effective and binding upon any participating state until it is enacted 
85.1 	materially in the same manner into the laws of all participating states, as determined by the 
85.2 	commission.
85.3 	ARTICLE XII
85.4 	CONSTRUCTION AND SEVERABILITY
85.5 	(a) This compact and the commission's rulemaking authority shall be liberally construed 
85.6 	so as to effectuate the purposes of the compact and its implementation and administration. 
85.7 	Provisions of the compact expressly authorizing or requiring the promulgation of rules shall 
85.8 	not be construed to limit the commission's rulemaking authority solely for those purposes.
85.9 	(b) The provisions of this compact shall be severable and if any phrase, clause, sentence, 
85.10 	or provision of this compact is held by a court of competent jurisdiction to be contrary to 
85.11 	the constitution of any participating state, of a state seeking participation in the compact, 
85.12 	or of the United States, or the applicability thereof to any government, agency, person, or 
85.13 	circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity 
85.14 	of the remainder of this compact and the applicability thereof to any government, agency, 
85.15 	person, or circumstance shall not be affected thereby.
85.16 	(c) Notwithstanding paragraph (b) or any provision of this article, the commission may 
85.17 	deny a state's participation in the compact or, in accordance with the requirements of article 
85.18 	X, paragraph (b), terminate a participating state's participation in the compact, if it determines 
85.19 	that a constitutional requirement of a participating state is, or would be with respect to a 
85.20 	state seeking to participate in the compact, a material departure from the compact. Otherwise, 
85.21 	if this compact shall be held to be contrary to the constitution of any participating state, the 
85.22 	compact shall remain in full force and effect as to the remaining participating states and in 
85.23 	full force and effect as to the participating state affected as to all severable matters.
85.24 	ARTICLE XIII
85.25 	BINDING EFFECT OF THE COMPACT
85.26 	(a) Nothing herein prevents the enforcement of any other law of a participating state 
85.27 	that is not inconsistent with this compact.
85.28 	(b) Any laws in a participating state in conflict with this compact are superseded to the 
85.29 	extent of the conflict.
85.30 	(c) All agreements between the commission and the participating states are binding in 
85.31 	accordance with their terms.

85.32 	EFFECTIVE DATE. This section is effective the day following final enactment.

86.1 	Sec. 2. DIRECTION TO BOARD OF MEDICAL PRACTICE.
 86.2 	The Board of Medical Practice must publish the effective date of the compact in 
86.3 	Minnesota Statutes, section 148.675, in the State Register and on the board's website.

86.4 	ARTICLE 10
86.5 	OCCUPATIONAL THERAPY LICENSURE COMPACT

86.6 	Section 1. [148.645] OCCUPATIONAL THERAPY LICENSURE COMPACT.
86.7 	ARTICLE I
86.8 	TITLE
86.9 	This statute shall be known and cited as the occupational therapist licensure compact.
86.10 	ARTICLE II
86.11 	DEFINITIONS
86.12 	As used in this compact, and except as otherwise provided, the following definitions 
86.13 	shall apply:
86.14 	(A) "Active duty military" means full-time duty status in the active uniformed service 
86.15 	of the United States, including members of the National Guard and Reserve on active duty 
86.16 	orders pursuant to United States Code, title 10, sections 1209 and 1211.
86.17 	(B) "Adverse action" means any administrative, civil, equitable, or criminal action 
86.18 	permitted by a state's laws which is imposed by a licensing board or other authority against 
86.19 	an occupational therapist or occupational therapy assistant, including actions against an 
86.20 	individual's license or compact privilege such as censure, revocation, suspension, probation, 
86.21 	monitoring of the licensee, or restriction on the licensee's practice.
86.22 	(C) "Alternative program" means a nondisciplinary monitoring process approved by an 
86.23 	occupational therapy licensing board.
86.24 	(D) "Compact privilege" means the authorization, which is equivalent to a license, 
86.25 	granted by a remote state to allow a licensee from another member state to practice as an 
86.26 	occupational therapist or practice as an occupational therapy assistant in the remote state 
86.27 	under its laws and rules. The practice of occupational therapy occurs in the member state 
86.28 	where the patient or client is located at the time of the patient or client encounter.
86.29 	(E) "Continuing competence" or "continuing education" means a requirement, as a 
86.30 	condition of license renewal, to provide evidence of participation in, and completion of, 
86.31 	educational and professional activities relevant to practice or area of work.
87.1 	(F) "Current significant investigative information" means investigative information that 
87.2 	a licensing board, after an inquiry or investigation that includes notification and an 
87.3 	opportunity for the occupational therapist or occupational therapy assistant to respond, if 
87.4 	required by state law, has reason to believe is not groundless and, if proven true, would 
87.5 	indicate more than a minor infraction.
87.6 	(G) "Data system" means a repository of information about licensees, including but not 
87.7 	limited to license status, investigative information, compact privileges, and adverse actions.
87.8 	(H) "Encumbered license" means a license in which an adverse action restricts the 
87.9 	practice of occupational therapy by the licensee or said adverse action has been reported to 
87.10 	the National Practitioners Data Bank (NPDB).
87.11 	(I) "Executive committee" means a group of directors elected or appointed to act on 
87.12 	behalf of, and within the powers granted to them by, the commission.
87.13 	(J) "Home state" means the member state that is the licensee's primary state of residence.
87.14 	(K) "Impaired practitioner" means an individual whose professional practice is adversely 
87.15 	affected by substance abuse, addiction, or other health-related conditions.
87.16 	(L) "Investigative information" means information, records, or documents received or 
87.17 	generated by an occupational therapy licensing board pursuant to an investigation.
87.18 	(M) "Jurisprudence requirement" means the assessment of an individual's knowledge 
87.19 	of the laws and rules governing the practice of occupational therapy in a state.
87.20 	(N) "Licensee" means an individual who currently holds an authorization from the state 
87.21 	to practice as an occupational therapist or as an occupational therapy assistant.
87.22 	(O) "Member state" means a state that has enacted the compact.
87.23 	(P) "Occupational therapist" means an individual who is licensed by a state to practice 
87.24 	occupational therapy.
87.25 	(Q) "Occupational therapy assistant" means an individual who is licensed by a state to 
87.26 	assist in the practice of occupational therapy.
87.27 	(R) "Occupational therapy," "occupational therapy practice," and "the practice of 
87.28 	occupational therapy" mean the care and services provided by an occupational therapist or 
87.29 	an occupational therapy assistant as set forth in the member state's statutes and regulations.
87.30 	(S) "Occupational therapy compact commission" or "commission" means the national 
87.31 	administrative body whose membership consists of all states that have enacted the compact.
88.1 	(T) "Occupational therapy licensing board" or "licensing board" means the agency of a 
88.2 	state that is authorized to license and regulate occupational therapists and occupational 
88.3 	therapy assistants.
88.4 	(U) "Primary state of residence" means the state, also known as the home state, in which 
88.5 	an occupational therapist or occupational therapy assistant who is not active duty military 
88.6 	declares a primary residence for legal purposes as verified by driver's license, federal income 
88.7 	tax return, lease, deed, mortgage, or voter registration or other verifying documentation as 
88.8 	further defined by commission rules.
88.9 	(V) "Remote state" means a member state other than the home state where a licensee is 
88.10 	exercising or seeking to exercise the compact privilege.
88.11 	(W) "Rule" means a regulation promulgated by the commission that has the force of 
88.12 	law.
88.13 	(X) "State" means any state, commonwealth, district, or territory of the United States 
88.14 	of America that regulates the practice of occupational therapy.
88.15 	(Y) "Single-state license" means an occupational therapist or occupational therapy 
88.16 	assistant license issued by a member state that authorizes practice only within the issuing 
88.17 	state and does not include a compact privilege in any other member state.
88.18 	(Z) "Telehealth" means the application of telecommunication technology to deliver 
88.19 	occupational therapy services for assessment, intervention, or consultation.
88.20 	ARTICLE III
88.21 	STATE PARTICIPATION IN THE COMPACT
88.22 	(A) To participate in the compact, a member state shall:
88.23 	(1) license occupational therapists and occupational therapy assistants;
88.24 	(2) participate fully in the commission's data system, including but not limited to using 
88.25 	the commission's unique identifier as defined in rules of the commission;
88.26 	(3) have a mechanism in place for receiving and investigating complaints about licensees;
88.27 	(4) notify the commission, in compliance with the terms of the compact and rules, of 
88.28 	any adverse action or the availability of investigative information regarding a licensee;
88.29 	(5) implement or utilize procedures for considering the criminal history records of 
88.30 	applicants for an initial compact privilege. These procedures shall include the submission 
88.31 	of fingerprints or other biometric-based information by applicants for the purpose of obtaining 
89.1 	an applicant's criminal history record information from the Federal Bureau of Investigation 
89.2 	and the agency responsible for retaining that state's criminal records;
89.3 	(i) A member state shall, within a time frame established by the commission, require a 
89.4 	criminal background check for a licensee seeking or applying for a compact privilege whose 
89.5 	primary state of residence is that member state by receiving the results of the Federal Bureau 
89.6 	of Investigation criminal record search, and shall use the results in making licensure 
89.7 	decisions.
89.8 	(ii) Communication between a member state, the commission, and among member states 
89.9 	regarding the verification of eligibility for licensure through the compact shall not include 
89.10 	any information received from the Federal Bureau of Investigation relating to a federal 
89.11 	criminal records check performed by a member state under Public Law 92-544;
89.12 	(6) comply with the rules of the commission;
89.13 	(7) utilize only a recognized national examination as a requirement for licensure pursuant 
89.14 	to the rules of the commission; and
89.15 	(8) have continuing competence or education requirements as a condition for license 
89.16 	renewal.
89.17 	(B) A member state shall grant the compact privilege to a licensee holding a valid 
89.18 	unencumbered license in another member state in accordance with the terms of the compact 
89.19 	and rules.
89.20 	(C) Member states may charge a fee for granting a compact privilege.
89.21 	(D) A member state shall provide for the state's delegate to attend all occupational therapy 
89.22 	compact commission meetings.
89.23 	(E) Individuals not residing in a member state shall continue to be able to apply for a 
89.24 	member state's single-state license as provided under the laws of each member state. 
89.25 	However, the single-state license granted to these individuals shall not be recognized as 
89.26 	granting the compact privilege in any other member state.
89.27 	(F) Nothing in this compact shall affect the requirements established by a member state 
89.28 	for the issuance of a single-state license.
89.29 	ARTICLE IV
89.30 	COMPACT PRIVILEGE
89.31 	(A) To exercise the compact privilege under the terms and provisions of the compact, 
89.32 	the licensee shall:
90.1 	(1) hold a license in the home state;
90.2 	(2) have a valid United States Social Security number or national practitioner 
90.3 	identification number;
90.4 	(3) have no encumbrance on any state license;
90.5 	(4) be eligible for a compact privilege in any member state in accordance with Article 
90.6 	IV, (D), (F), (G), and (H);
90.7 	(5) have paid all fines and completed all requirements resulting from any adverse action 
90.8 	against any license or compact privilege, and two years have elapsed from the date of such 
90.9 	completion;
90.10 	(6) notify the commission that the licensee is seeking the compact privilege within a 
90.11 	remote state or states;
90.12 	(7) pay any applicable fees, including any state fee, for the compact privilege;
90.13 	(8) complete a criminal background check in accordance with Article III, (A)(5). The 
90.14 	licensee shall be responsible for the payment of any fee associated with the completion of 
90.15 	a criminal background check;
90.16 	(9) meet any jurisprudence requirements established by the remote state or states in 
90.17 	which the licensee is seeking a compact privilege; and
90.18 	(10) report to the commission adverse action taken by any nonmember state within 30 
90.19 	days from the date the adverse action is taken.
90.20 	(B) The compact privilege is valid until the expiration date of the home state license. 
90.21 	The licensee must comply with the requirements of Article IV, (A), to maintain the compact 
90.22 	privilege in the remote state.
90.23 	(C) A licensee providing occupational therapy in a remote state under the compact 
90.24 	privilege shall function within the laws and regulations of the remote state.
90.25 	(D) Occupational therapy assistants practicing in a remote state shall be supervised by 
90.26 	an occupational therapist licensed or holding a compact privilege in that remote state.
90.27 	(E) A licensee providing occupational therapy in a remote state is subject to that state's 
90.28 	regulatory authority. A remote state may, in accordance with due process and that state's 
90.29 	laws, remove a licensee's compact privilege in the remote state for a specific period of time, 
90.30 	impose fines, or take any other necessary actions to protect the health and safety of its 
90.31 	citizens. The licensee may be ineligible for a compact privilege in any state until the specific 
90.32 	time for removal has passed and all fines are paid.
91.1 	(F) If a home state license is encumbered, the licensee shall lose the compact privilege 
91.2 	in any remote state until the following occur:
91.3 	(1) the home state license is no longer encumbered; and
91.4 	(2) two years have elapsed from the date on which the home state license is no longer 
91.5 	encumbered in accordance with Article IV, (F)(1).
91.6 	(G) Once an encumbered license in the home state is restored to good standing, the 
91.7 	licensee must meet the requirements of Article IV, (A), to obtain a compact privilege in any 
91.8 	remote state.
91.9 	(H) If a licensee's compact privilege in any remote state is removed, the individual may 
91.10 	lose the compact privilege in any other remote state until the following occur:
91.11 	(1) the specific period of time for which the compact privilege was removed has ended;
91.12 	(2) all fines have been paid and all conditions have been met;
91.13 	(3) two years have elapsed from the date of completing requirements for Article IV, 
91.14 	(H)(1) and (2); and
91.15 	(4) the compact privileges are reinstated by the commission and the compact data system 
91.16 	is updated to reflect reinstatement.
91.17 	(I) If a licensee's compact privilege in any remote state is removed due to an erroneous 
91.18 	charge, privileges shall be restored through the compact data system.
91.19 	(J) Once the requirements of Article IV, (H), have been met, the licensee must meet the 
91.20 	requirements in Article IV, (A), to obtain a compact privilege in a remote state.
91.21 	ARTICLE V
91.22 	OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF COMPACT PRIVILEGE
91.23 	(A) An occupational therapist or occupational therapy assistant may hold a home state 
91.24 	license, which allows for compact privileges in member states, in only one member state 
91.25 	at a time.
91.26 	(B) If an occupational therapist or occupational therapy assistant changes their primary 
91.27 	state of residence by moving between two member states:
91.28 	(1) the occupational therapist or occupational therapy assistant shall file an application 
91.29 	for obtaining a new home state license by virtue of a compact privilege, pay all applicable 
91.30 	fees, and notify the current and new home state in accordance with applicable rules adopted 
91.31 	by the commission;
92.1 	(2) upon receipt of an application for obtaining a new home state license by virtue of 
92.2 	compact privilege, the new home state shall verify that the occupational therapist or 
92.3 	occupational therapy assistant meets the pertinent criteria outlined in Article IV via the data 
92.4 	system, without need for primary source verification except for:
92.5 	(i) an FBI fingerprint-based criminal background check if not previously performed or 
92.6 	updated pursuant to applicable rules adopted by the commission in accordance with Public 
92.7 	Law 92-544;
92.8 	(ii) other criminal background checks as required by the new home state; and
92.9 	(iii) submission of any requisite jurisprudence requirements of the new home state;
92.10 	(3) the former home state shall convert the former home state license into a compact 
92.11 	privilege once the new home state has activated the new home state license in accordance 
92.12 	with applicable rules adopted by the commission;
92.13 	(4) notwithstanding any other provision of this compact, if the occupational therapist or 
92.14 	occupational therapy assistant cannot meet the criteria in Article IV, the new home state 
92.15 	shall apply its requirements for issuing a new single-state license; and
92.16 	(5) the occupational therapist or the occupational therapy assistant shall pay all applicable 
92.17 	fees to the new home state in order to be issued a new home state license.
92.18 	(C) If an occupational therapist or occupational therapy assistant changes their primary 
92.19 	state of residence by moving from a member state to a nonmember state, or from a 
92.20 	nonmember state to a member state, the state criteria shall apply for issuance of a single-state 
92.21 	license in the new state.
92.22 	(D) Nothing in this compact shall interfere with a licensee's ability to hold a single-state 
92.23 	license in multiple states; however, for the purposes of this compact, a licensee shall have 
92.24 	only one home state license.
92.25 	(E) Nothing in this compact shall affect the requirements established by a member state 
92.26 	for the issuance of a single-state license.
92.27 	ARTICLE VI
92.28 	ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
92.29 	Active duty military personnel, or their spouses, shall designate a home state where the 
92.30 	individual has a current license in good standing. The individual may retain the home state 
92.31 	designation during the period the service member is on active duty. Subsequent to designating 
93.1 	a home state, the individual shall only change their home state through application for 
93.2 	licensure in the new state or through the process described in Article V.
93.3 	ARTICLE VII
93.4 	ADVERSE ACTIONS
93.5 	(A) A home state shall have exclusive power to impose adverse action against an 
93.6 	occupational therapist's or occupational therapy assistant's license issued by the home state.
93.7 	(B) In addition to the other powers conferred by state law, a remote state shall have the 
93.8 	authority, in accordance with existing state due process law, to:
93.9 	(1) take adverse action against an occupational therapist's or occupational therapy 
93.10 	assistant's compact privilege within that member state; and
93.11 	(2) issue subpoenas for both hearings and investigations that require the attendance and 
93.12 	testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing 
93.13 	board in a member state for the attendance and testimony of witnesses or the production of 
93.14 	evidence from another member state shall be enforced in the latter state by any court of 
93.15 	competent jurisdiction, according to the practice and procedure of that court applicable to 
93.16 	subpoenas issued in proceedings pending before that court. The issuing authority shall pay 
93.17 	any witness fees, travel expenses, mileage, and other fees required by the service statutes 
93.18 	of the state in which the witnesses or evidence are located.
93.19 	(C) For purposes of taking adverse action, the home state shall give the same priority 
93.20 	and effect to reported conduct received from a member state as it would if the conduct had 
93.21 	occurred within the home state. In so doing, the home state shall apply its own state laws 
93.22 	to determine appropriate action.
93.23 	(D) The home state shall complete any pending investigations of an occupational therapist 
93.24 	or occupational therapy assistant who changes their primary state of residence during the 
93.25 	course of the investigations. The home state, where the investigations were initiated, shall 
93.26 	also have the authority to take appropriate action and shall promptly report the conclusions 
93.27 	of the investigations to the compact commission data system. The occupational therapy 
93.28 	compact commission data system administrator shall promptly notify the new home state 
93.29 	of any adverse actions.
93.30 	(E) A member state, if otherwise permitted by state law, may recover from the affected 
93.31 	occupational therapist or occupational therapy assistant the costs of investigations and 
93.32 	disposition of cases resulting from any adverse action taken against that occupational 
93.33 	therapist or occupational therapy assistant.
94.1 	(F) A member state may take adverse action based on the factual findings of the remote 
94.2 	state, provided that the member state follows its own procedures for taking the adverse 
94.3 	action.
94.4 	(G) Joint Investigations:
94.5 	(1) In addition to the authority granted to a member state by its respective state 
94.6 	occupational therapy laws and regulations or other applicable state law, any member state 
94.7 	may participate with other member states in joint investigations of licensees.
94.8 	(2) Member states shall share any investigative, litigation, or compliance materials in 
94.9 	furtherance of any joint or individual investigation initiated under the compact.
94.10 	(H) If an adverse action is taken by the home state against an occupational therapist's 
94.11 	or occupational therapy assistant's license, the occupational therapist's or occupational 
94.12 	therapy assistant's compact privilege in all other member states shall be deactivated until 
94.13 	all encumbrances have been removed from the state license. All home state disciplinary 
94.14 	orders that impose adverse action against an occupational therapist's or occupational therapy 
94.15 	assistant's license shall include a statement that the occupational therapist's or occupational 
94.16 	therapy assistant's compact privilege is deactivated in all member states during the pendency 
94.17 	of the order.
94.18 	(I) If a member state takes adverse action, the member state shall promptly notify the 
94.19 	administrator of the data system. The administrator of the data system shall promptly notify 
94.20 	the home state of any adverse actions by remote states.
94.21 	(J) Nothing in this compact shall override a member state's decision that participation 
94.22 	in an alternative program may be used in lieu of adverse action.
94.23 	ARTICLE VIII
94.24 	ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT COMMISSION
94.25 	(A) The compact member states hereby create and establish a joint public agency known 
94.26 	as the occupational therapy compact commission:
94.27 	(1) The commission is an instrumentality of the compact states.
94.28 	(2) Except as provided under paragraph (I), venue is proper and judicial proceedings by 
94.29 	or against the commission shall be brought solely and exclusively in a court of competent 
94.30 	jurisdiction where the principal office of the commission is located. The commission may 
94.31 	waive venue and jurisdictional defenses to the extent it adopts or consents to participate in 
94.32 	alternative dispute resolution proceedings.
95.1 	(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
95.2 	(B) Membership, Voting, and Meetings:
95.3 	(1) Each member state shall have and be limited to one delegate selected by that member 
95.4 	state's licensing board.
95.5 	(2) The delegate shall be either:
95.6 	(i) a current member of the licensing board who is an occupational therapist, occupational 
95.7 	therapy assistant, or public member; or
95.8 	(ii) an administrator of the licensing board.
95.9 	(3) Any delegate may be removed or suspended from office as provided by the law of 
95.10 	the state from which the delegate is appointed.
95.11 	(4) The member state board shall fill any vacancy occurring in the commission within 
95.12 	90 days.
95.13 	(5) Each delegate shall be entitled to one vote with regard to the promulgation of rules 
95.14 	and creation of bylaws and shall otherwise have an opportunity to participate in the business 
95.15 	and affairs of the commission. A delegate shall vote in person or by such other means as 
95.16 	provided in the bylaws. The bylaws may provide for delegates' participation in meetings 
95.17 	by telephone or other means of communication.
95.18 	(6) The commission shall meet at least once during each calendar year. Additional 
95.19 	meetings shall be held as set forth in the bylaws.
95.20 	(7) The commission shall establish by rule a term of office for delegates.
95.21 	(C) The commission shall have the following powers and duties:
95.22 	(1) establish a code of ethics for the commission;
95.23 	(2) establish the fiscal year of the commission;
95.24 	(3) establish bylaws;
95.25 	(4) maintain its financial records in accordance with the bylaws;
95.26 	(5) meet and take such actions as are consistent with the provisions of this compact and 
95.27 	the bylaws;
95.28 	(6) promulgate uniform rules to facilitate and coordinate implementation and 
95.29 	administration of this compact. The rules shall have the force and effect of law and shall 
95.30 	be binding in all member states;
96.1 	(7) bring and prosecute legal proceedings or actions in the name of the commission, 
96.2 	provided that the standing of any state occupational therapy licensing board to sue or be 
96.3 	sued under applicable law shall not be affected;
96.4 	(8) purchase and maintain insurance and bonds;
96.5 	(9) borrow, accept, or contract for services of personnel, including but not limited to 
96.6 	employees of a member state;
96.7 	(10) hire employees, elect or appoint officers, fix compensation, define duties, grant 
96.8 	such individuals appropriate authority to carry out the purposes of the compact, and establish 
96.9 	the commission's personnel policies and programs relating to conflicts of interest, 
96.10 	qualifications of personnel, and other related personnel matters;
96.11 	(11) accept any and all appropriate donations and grants of money, equipment, supplies, 
96.12 	materials, and services, and receive, utilize, and dispose of the same; provided that at all 
96.13 	times the commission shall avoid any appearance of impropriety or conflict of interest;
96.14 	(12) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, 
96.15 	improve, or use any property, real, personal, or mixed; provided that at all times the 
96.16 	commission shall avoid any appearance of impropriety;
96.17 	(13) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of 
96.18 	any property real, personal, or mixed;
96.19 	(14) establish a budget and make expenditures;
96.20 	(15) borrow money;
96.21 	(16) appoint committees, including standing committees composed of members, state 
96.22 	regulators, state legislators or their representatives, and consumer representatives, and other 
96.23 	interested persons as may be designated in this compact and the bylaws;
96.24 	(17) provide and receive information from, and cooperate with, law enforcement agencies;
96.25 	(18) establish and elect an executive committee; and
96.26 	(19) perform other functions as may be necessary or appropriate to achieve the purposes 
96.27 	of this compact consistent with the state regulation of occupational therapy licensure and 
96.28 	practice.
96.29 	(D) The Executive Committee:
96.30 	(1) The executive committee shall have the power to act on behalf of the commission 
96.31 	according to the terms of this compact.
97.1 	(2) The executive committee shall be composed of nine members:
97.2 	(i) seven voting members who are elected by the commission from the current 
97.3 	membership of the commission;
97.4 	(ii) one ex-officio, nonvoting member from a recognized national occupational therapy 
97.5 	professional association; and
97.6 	(iii) one ex-officio, nonvoting member from a recognized national occupational therapy 
97.7 	certification organization.
97.8 	(3) The ex-officio members will be selected by their respective organizations.
97.9 	(4) The commission may remove any member of the executive committee as provided 
97.10 	in the bylaws.
97.11 	(5) The executive committee shall meet at least annually.
97.12 	(6) The executive committee shall have the following duties and responsibilities:
97.13 	(i) recommend to the entire commission changes to the rules or bylaws, changes to this 
97.14 	compact legislation, fees paid by compact member states such as annual dues, and any 
97.15 	commission compact fee charged to licensees for the compact privilege;
97.16 	(ii) ensure compact administration services are appropriately provided, contractual or 
97.17 	otherwise;
97.18 	(iii) prepare and recommend the budget;
97.19 	(iv) maintain financial records on behalf of the commission;
97.20 	(v) monitor compact compliance of member states and provide compliance reports to 
97.21 	the commission;
97.22 	(vi) establish additional committees as necessary; and
97.23 	(vii) perform other duties as provided in rules or bylaws.
97.24 	(E) Meetings of the Commission:
97.25 	(1) All meetings shall be open to the public, and public notice of meetings shall be given 
97.26 	in the same manner as required under the rulemaking provisions in Article X.
97.27 	(2) The commission or the executive committee or other committees of the commission 
97.28 	may convene in a closed, nonpublic meeting if the commission or executive committee or 
97.29 	other committees of the commission must discuss:
97.30 	(i) noncompliance of a member state with its obligations under the compact;
98.1 	(ii) the employment, compensation, discipline, or other matters, practices, or procedures 
98.2 	related to specific employees or other matters related to the commission's internal personnel 
98.3 	practices and procedures;
98.4 	(iii) current, threatened, or reasonably anticipated litigation;
98.5 	(iv) negotiation of contracts for the purchase, lease, or sale of goods, services, or real 
98.6 	estate;
98.7 	(v) accusing any person of a crime or formally censuring any person;
98.8 	(vi) disclosure of trade secrets or commercial or financial information that is privileged 
98.9 	or confidential;
98.10 	(vii) disclosure of information of a personal nature where disclosure would constitute a 
98.11 	clearly unwarranted invasion of personal privacy;
98.12 	(viii) disclosure of investigative records compiled for law enforcement purposes;
98.13 	(ix) disclosure of information related to any investigative reports prepared by or on 
98.14 	behalf of or for use of the commission or other committee charged with responsibility of 
98.15 	investigation or determination of compliance issues pursuant to the compact; or
98.16 	(x) matters specifically exempted from disclosure by federal or member state statute.
98.17 	(3) If a meeting, or portion of a meeting, is closed pursuant to this provision, the 
98.18 	commission's legal counsel or designee shall certify that the meeting may be closed and 
98.19 	shall reference each relevant exempting provision.
98.20 	(4) The commission shall keep minutes that fully and clearly describe all matters 
98.21 	discussed in a meeting and shall provide a full and accurate summary of actions taken, and 
98.22 	the reasons therefore, including a description of the views expressed. All documents 
98.23 	considered in connection with an action shall be identified in such minutes. All minutes and 
98.24 	documents of a closed meeting shall remain under seal, subject to release by a majority vote 
98.25 	of the commission or order of a court of competent jurisdiction.
98.26 	(F) Financing of the Commission:
98.27 	(1) The commission shall pay, or provide for the payment of, the reasonable expenses 
98.28 	of its establishment, organization, and ongoing activities.
98.29 	(2) The commission may accept any and all appropriate revenue sources, donations, and 
98.30 	grants of money, equipment, supplies, materials, and services.
99.1 	(3) The commission may levy on and collect an annual assessment from each member 
99.2 	state or impose fees on other parties to cover the cost of the operations and activities of the 
99.3 	commission and its staff, which must be in a total amount sufficient to cover its annual 
99.4 	budget as approved by the commission each year for which revenue is not provided by other 
99.5 	sources. The aggregate annual assessment amount shall be allocated based upon a formula 
99.6 	to be determined by the commission, which shall promulgate a rule binding upon all member 
99.7 	states.
99.8 	(4) The commission shall not incur obligations of any kind prior to securing the funds 
99.9 	adequate to meet the same; nor shall the commission pledge the credit of any of the member 
99.10 	states, except by and with the authority of the member state.
99.11 	(5) The commission shall keep accurate accounts of all receipts and disbursements. The 
99.12 	receipts and disbursements of the commission shall be subject to the audit and accounting 
99.13 	procedures established under its bylaws. However, all receipts and disbursements of funds 
99.14 	handled by the commission shall be audited yearly by a certified or licensed public 
99.15 	accountant, and the report of the audit shall be included in and become part of the annual 
99.16 	report of the commission.
99.17 	(G) Qualified Immunity, Defense, and Indemnification:
99.18 	(1) The members, officers, executive director, employees, and representatives of the 
99.19 	commission shall be immune from suit and liability, either personally or in their official 
99.20 	capacity, for any claim for damage to or loss of property or personal injury or other civil 
99.21 	liability caused by or arising out of any actual or alleged act, error, or omission that occurred, 
99.22 	or that the person against whom the claim is made had a reasonable basis for believing 
99.23 	occurred within the scope of commission employment, duties, or responsibilities; provided 
99.24 	that nothing in this paragraph shall be construed to protect any such person from suit or 
99.25 	liability for any damage, loss, injury, or liability caused by the intentional or willful or 
99.26 	wanton misconduct of that person.
99.27 	(2) The commission shall defend any member, officer, executive director, employee, or 
99.28 	representative of the commission in any civil action seeking to impose liability arising out 
99.29 	of any actual or alleged act, error, or omission that occurred within the scope of commission 
99.30 	employment, duties, or responsibilities, or that the person against whom the claim is made 
99.31 	had a reasonable basis for believing occurred within the scope of commission employment, 
99.32 	duties, or responsibilities; provided that nothing herein shall be construed to prohibit that 
99.33 	person from retaining their own counsel; and provided further, that the actual or alleged 
100.1 	act, error, or omission did not result from that person's intentional or willful or wanton 
100.2 	misconduct.
100.3 	(3) The commission shall indemnify and hold harmless any member, officer, executive 
100.4 	director, employee, or representative of the commission for the amount of any settlement 
100.5 	or judgment obtained against that person arising out of any actual or alleged act, error, or 
100.6 	omission that occurred within the scope of commission employment, duties, or 
100.7 	responsibilities, or that such person had a reasonable basis for believing occurred within 
100.8 	the scope of commission employment, duties, or responsibilities; provided that the actual 
100.9 	or alleged act, error, or omission did not result from the intentional or willful or wanton 
100.10 	misconduct of that person.
100.11 	(H) Notwithstanding paragraph (G), clause (1), the liability of the executive director, 
100.12 	employees, or representatives of the interstate commission, acting within the scope of their 
100.13 	employment or duties, may not exceed the limits of liability set forth under the constitution 
100.14 	and laws of this state for state officials, employees, and agents. This paragraph expressly 
100.15 	incorporates  section 3.736, and neither expands nor limits the rights and remedies provided 
100.16 	under that statute.
100.17 	(I) Except for a claim alleging a violation of this compact, a claim against the commission, 
100.18 	its executive director, employees, or representatives alleging a violation of the constitution 
100.19 	and laws of this state may be brought in any county where the plaintiff resides. Nothing in 
100.20 	this paragraph creates a private right of action.
100.21 	(J) Nothing in this compact shall be construed as a limitation on the liability of any 
100.22 	licensee for professional malpractice or misconduct, which shall be governed solely by any 
100.23 	other applicable state laws.
100.24 	ARTICLE IX
100.25 	DATA SYSTEM
100.26 	(A) The commission shall provide for the development, maintenance, and utilization of 
100.27 	a coordinated database and reporting system containing licensure, adverse action, and 
100.28 	investigative information on all licensed individuals in member states.
100.29 	(B) A member state shall submit a uniform data set to the data system on all individuals 
100.30 	to whom this compact is applicable, utilizing a unique identifier, as required by the rules 
100.31 	of the commission, including:
100.32 	(1) identifying information;
100.33 	(2) licensure data;
101.1 	(3) adverse actions against a license or compact privilege;
101.2 	(4) nonconfidential information related to alternative program participation;
101.3 	(5) any denial of application for licensure and the reason or reasons for such denial;
101.4 	(6) other information that may facilitate the administration of this compact, as determined 
101.5 	by the rules of the commission; and
101.6 	(7) current significant investigative information.
101.7 	(C) Current significant investigative information and other investigative information 
101.8 	pertaining to a licensee in any member state will only be available to other member states.
101.9 	(D) The commission shall promptly notify all member states of any adverse action taken 
101.10 	against a licensee or an individual applying for a license. Adverse action information 
101.11 	pertaining to a licensee in any member state will be available to any other member state.
101.12 	(E) Member states contributing information to the data system may designate information 
101.13 	that may not be shared with the public without the express permission of the contributing 
101.14 	state.
101.15 	(F) Any information submitted to the data system that is subsequently required to be 
101.16 	expunged by the laws of the member state contributing the information shall be removed 
101.17 	from the data system.
101.18 	ARTICLE X
101.19 	RULEMAKING
101.20 	(A) The commission shall exercise its rulemaking powers pursuant to the criteria set 
101.21 	forth in this Article and the rules adopted thereunder. Rules and amendments shall become 
101.22 	binding as of the date specified in each rule or amendment.
101.23 	(B) The commission shall promulgate reasonable rules in order to effectively and 
101.24 	efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event 
101.25 	the commission exercises its rulemaking authority in a manner that is beyond the scope of 
101.26 	the purposes of the compact, or the powers granted hereunder, then such an action by the 
101.27 	commission shall be invalid and have no force and effect.
101.28 	(C) If a majority of the legislatures of the member states rejects a rule, by enactment of 
101.29 	a statute or resolution in the same manner used to adopt the compact within four years of 
101.30 	the date of adoption of the rule, then such rule shall have no further force and effect in any 
101.31 	member state.
102.1 	(D) Rules or amendments to the rules shall be adopted at a regular or special meeting 
102.2 	of the commission.
102.3 	(E) Prior to promulgation and adoption of a final rule or rules by the commission, and 
102.4 	at least 30 days in advance of the meeting at which the rule will be considered and voted 
102.5 	upon, the commission shall file a notice of proposed rulemaking:
102.6 	(1) on the website of the commission or other publicly accessible platform; and
102.7 	(2) on the website of each member state occupational therapy licensing board or other 
102.8 	publicly accessible platform or the publication in which each state would otherwise publish 
102.9 	proposed rules.
102.10 	(F) The notice of proposed rulemaking shall include:
102.11 	(1) the proposed time, date, and location of the meeting in which the rule will be 
102.12 	considered and voted upon;
102.13 	(2) the text of the proposed rule or amendment and the reason for the proposed rule;
102.14 	(3) a request for comments on the proposed rule from any interested person; and
102.15 	(4) the manner in which interested persons may submit notice to the commission of their 
102.16 	intention to attend the public hearing and any written comments.
102.17 	(G) Prior to adoption of a proposed rule, the commission shall allow persons to submit 
102.18 	written data, facts, opinions, and arguments, which shall be made available to the public.
102.19 	(H) The commission shall grant an opportunity for a public hearing before it adopts a 
102.20 	rule or amendment if a hearing is requested by:
102.21 	(1) at least 25 persons;
102.22 	(2) a state or federal governmental subdivision or agency; or
102.23 	(3) an association or organization having at least 25 members.
102.24 	(I) If a hearing is held on the proposed rule or amendment, the commission shall publish 
102.25 	the place, time, and date of the scheduled public hearing. If the hearing is held via electronic 
102.26 	means, the commission shall publish the mechanism for access to the electronic hearing:
102.27 	(1) All persons wishing to be heard at the hearing shall notify the executive director of 
102.28 	the commission or other designated member in writing of their desire to appear and testify 
102.29 	at the hearing not less than five business days before the scheduled date of the hearing.
102.30 	(2) Hearings shall be conducted in a manner providing each person who wishes to 
102.31 	comment a fair and reasonable opportunity to comment orally or in writing.
103.1 	(3) All hearings will be recorded. A copy of the recording will be made available on 
103.2 	request.
103.3 	(4) Nothing in this Article shall be construed as requiring a separate hearing on each 
103.4 	rule. Rules may be grouped for the convenience of the commission at hearings required by 
103.5 	this Article.
103.6 	(J) Following the scheduled hearing date, or by the close of business on the scheduled 
103.7 	hearing date if the hearing was not held, the commission shall consider all written and oral 
103.8 	comments received.
103.9 	(K) If no written notice of intent to attend the public hearing by interested parties is 
103.10 	received, the commission may proceed with promulgation of the proposed rule without a 
103.11 	public hearing.
103.12 	(L) The commission shall, by majority vote of all members, take final action on the 
103.13 	proposed rule and shall determine the effective date of the rule, if any, based on the 
103.14 	rulemaking record and the full text of the rule.
103.15 	(M) Upon determination that an emergency exists, the commission may consider and 
103.16 	adopt an emergency rule without prior notice, opportunity for comment, or hearing; provided 
103.17 	that the usual rulemaking procedures provided in the compact and in this Article shall be 
103.18 	retroactively applied to the rule as soon as reasonably possible, in no event later than 90 
103.19 	days after the effective date of the rule. For the purposes of this provision, an emergency 
103.20 	rule is one that must be adopted immediately in order to:
103.21 	(1) meet an imminent threat to public health, safety, or welfare;
103.22 	(2) prevent a loss of commission or member state funds;
103.23 	(3) meet a deadline for the promulgation of an administrative rule that is established by 
103.24 	federal law or rule; or
103.25 	(4) protect public health and safety.
103.26 	(N) The commission or an authorized committee of the commission may direct revisions 
103.27 	to a previously adopted rule or amendment for purposes of correcting typographical errors, 
103.28 	errors in format, errors in consistency, or grammatical errors. Public notice of any revisions 
103.29 	shall be posted on the website of the commission. The revision shall be subject to challenge 
103.30 	by any person for a period of 30 days after posting. The revision may be challenged only 
103.31 	on grounds that the revision results in a material change to a rule. A challenge shall be made 
103.32 	in writing and delivered to the chair of the commission prior to the end of the notice period. 
104.1 	If no challenge is made, the revision will take effect without further action. If the revision 
104.2 	is challenged, the revision may not take effect without the approval of the commission.
104.3 	ARTICLE XI
104.4 	OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
104.5 	(A) Oversight:
104.6 	(1) The executive, legislative, and judicial branches of state government in each member 
104.7 	state shall enforce this compact and take all actions necessary and appropriate to effectuate 
104.8 	the compact's purposes and intent. The provisions of this compact and the rules promulgated 
104.9 	hereunder shall have standing as statutory law.
104.10 	(2) All courts shall take judicial notice of the compact and the rules in any judicial or 
104.11 	administrative proceeding in a member state pertaining to the subject matter of this compact 
104.12 	which may affect the powers, responsibilities, or actions of the commission.
104.13 	(3) The commission shall be entitled to receive service of process in any such proceeding, 
104.14 	and shall have standing to intervene in such a proceeding for all purposes. Failure to provide 
104.15 	service of process to the commission shall render a judgment or order void as to the 
104.16 	commission, this compact, or promulgated rules.
104.17 	(B) Default, Technical Assistance, and Termination:
104.18 	(1) If the commission determines that a member state has defaulted in the performance 
104.19 	of its obligations or responsibilities under this compact or the promulgated rules, the 
104.20 	commission shall:
104.21 	(i) provide written notice to the defaulting state and other member states of the nature 
104.22 	of the default, the proposed means of curing the default, or any other action to be taken by 
104.23 	the commission; and
104.24 	(ii) provide remedial training and specific technical assistance regarding the default.
104.25 	(2) If a state in default fails to cure the default, the defaulting state may be terminated 
104.26 	from the compact upon an affirmative vote of a majority of the member states, and all rights, 
104.27 	privileges, and benefits conferred by this compact may be terminated on the effective date 
104.28 	of termination. A cure of the default does not relieve the offending state of obligations or 
104.29 	liabilities incurred during the period of default.
104.30 	(3) Termination of membership in the compact shall be imposed only after all other 
104.31 	means of securing compliance have been exhausted. Notice of intent to suspend or terminate 
105.1 	shall be given by the commission to the governor, the majority and minority leaders of the 
105.2 	defaulting state's legislature, and each of the member states.
105.3 	(4) A state that has been terminated is responsible for all assessments, obligations, and 
105.4 	liabilities incurred through the effective date of termination, including obligations that 
105.5 	extend beyond the effective date of termination.
105.6 	(5) The commission shall not bear any costs related to a state that is found to be in default 
105.7 	or that has been terminated from the compact, unless agreed upon in writing between the 
105.8 	commission and the defaulting state.
105.9 	(6) The defaulting state may appeal the action of the commission by petitioning the 
105.10 	United States District Court for the District of Columbia or the federal district where the 
105.11 	commission has its principal offices. The prevailing member shall be awarded all costs of 
105.12 	such litigation, including reasonable attorney fees.
105.13 	(C) Dispute Resolution:
105.14 	(1) Upon request by a member state, the commission shall attempt to resolve disputes 
105.15 	related to the compact that arise among member states and between member and nonmember 
105.16 	states.
105.17 	(2) The commission shall promulgate a rule providing for both mediation and binding 
105.18 	dispute resolution for disputes as appropriate.
105.19 	(D) Enforcement:
105.20 	(1) The commission, in the reasonable exercise of its discretion, shall enforce the 
105.21 	provisions and rules of this compact.
105.22 	(2) By majority vote, the commission may initiate legal action in the United States 
105.23 	District Court for the District of Columbia or the federal district where the commission has 
105.24 	its principal offices against a member state in default to enforce compliance with the 
105.25 	provisions of the compact and its promulgated rules and bylaws. The relief sought may 
105.26 	include both injunctive relief and damages. In the event that judicial enforcement is necessary, 
105.27 	the prevailing member shall be awarded all costs of such litigation, including reasonable 
105.28 	attorney fees.
105.29 	(3) The remedies herein shall not be the exclusive remedies of the commission. The 
105.30 	commission may pursue any other remedies available under federal or state law.
105.31 	ARTICLE XII
106.1 	DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR 
106.2 	OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, 
106.3 	AND AMENDMENT
106.4 	(A) The compact shall come into effect on the date on which the compact statute is 
106.5 	enacted into law in the tenth member state. The provisions, which become effective at that 
106.6 	time, shall be limited to the powers granted to the commission relating to assembly and the 
106.7 	promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking 
106.8 	powers necessary to the implementation and administration of the compact.
106.9 	(B) Any state that joins the compact subsequent to the commission's initial adoption of 
106.10 	the rules shall be subject to the rules as they exist on the date on which the compact becomes 
106.11 	law in that state. Any rule that has been previously adopted by the commission shall have 
106.12 	the full force and effect of law on the day the compact becomes law in that state.
106.13 	(C) Any member state may withdraw from this compact by enacting a statute repealing 
106.14 	the same:
106.15 	(1) A member state's withdrawal shall not take effect until six months after enactment 
106.16 	of the repealing statute.
106.17 	(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's 
106.18 	occupational therapy licensing board to comply with the investigative and adverse action 
106.19 	reporting requirements of this compact prior to the effective date of withdrawal.
106.20 	(D) Nothing contained in this compact shall be construed to invalidate or prevent any 
106.21 	occupational therapy licensure agreement or other cooperative arrangement between a 
106.22 	member state and a nonmember state that does not conflict with the provisions of this 
106.23 	compact.
106.24 	(E) This compact may be amended by the member states. No amendment to this compact 
106.25 	shall become effective and binding upon any member state until it is enacted into the laws 
106.26 	of all member states.
106.27 	ARTICLE XIII
106.28 	CONSTRUCTION AND SEVERABILITY
106.29 	This compact shall be liberally construed so as to effectuate the purposes thereof. The 
106.30 	provisions of this compact shall be severable and if any phrase, clause, sentence, or provision 
106.31 	of this compact is declared to be contrary to the constitution of any member state or of the 
106.32 	United States or the applicability thereof to any government, agency, person, or circumstance 
106.33 	is held invalid, the validity of the remainder of this compact and the applicability thereof 
107.1 	to any government, agency, person, or circumstance shall not be affected thereby. If this 
107.2 	compact shall be held contrary to the constitution of any member state, the compact shall 
107.3 	remain in full force and effect as to the remaining member states and in full force and effect 
107.4 	as to the member state affected as to all severable matters.
107.5 	ARTICLE XIV
107.6 	BINDING EFFECT OF COMPACT AND OTHER LAWS
107.7 	(A) A licensee providing occupational therapy in a remote state under the compact 
107.8 	privilege shall function within the laws and regulations of the remote state.
107.9 	(B) Nothing herein prevents the enforcement of any other law of a member state that is 
107.10 	not inconsistent with the compact.
107.11 	(C) Any laws in a member state in conflict with the compact are superseded to the extent 
107.12 	of the conflict.
107.13 	(D) Any lawful actions of the commission, including all rules and bylaws promulgated 
107.14 	by the commission, are binding upon the member states.
107.15 	(E) All agreements between the commission and the member states are binding in 
107.16 	accordance with their terms.
107.17 	(F) In the event any provision of the compact exceeds the constitutional limits imposed 
107.18 	on the legislature of any member state, the provision shall be ineffective to the extent of the 
107.19 	conflict with the constitutional provision in question in that member state.

107.20 	ARTICLE 11
107.21 	PHYSICAL THERAPY LICENSURE COMPACT

107.22 	Section 1. [148.676] PHYSICAL THERAPY LICENSURE COMPACT.
107.23 	The physical therapy licensure compact is enacted into law and entered into with all 
107.24 	other jurisdictions legally joining in the compact in the form substantially specified in this 
107.25 	section.
107.26 	ARTICLE I
107.27 	TITLE
107.28 	This statute shall be known and cited as the physical therapy licensure compact.
107.29 	ARTICLE II
107.30 	DEFINITIONS
108.1 	As used in this compact, and except as otherwise provided, the following terms have 
108.2 	the meanings given them.
108.3 	(a) "Active duty military" means full-time duty status in the active uniformed service 
108.4 	of the United States, including members of the National Guard and Reserve on active duty 
108.5 	orders pursuant to United States Code, title 10, chapters 1209 and 1211.
108.6 	(b) "Adverse action" means disciplinary action taken by a physical therapy licensing 
108.7 	board based upon misconduct, unacceptable performance, or a combination of both.
108.8 	(c) "Alternative program" means a nondisciplinary monitoring or practice remediation 
108.9 	process approved by a physical therapy licensing board. Alternative program includes but 
108.10 	is not limited to substance abuse issues.
108.11 	(d) "Compact privilege" means the authorization granted by a remote state to allow a 
108.12 	licensee from another member state to practice as a physical therapist or work as a physical 
108.13 	therapist assistant in the remote state under its laws and rules. The practice of physical 
108.14 	therapy occurs in the member state where the patient or client is located at the time of the 
108.15 	patient or client encounter.
108.16 	(e) "Continuing competence" means a requirement, as a condition of license renewal, 
108.17 	to provide evidence of participation in, or completion of, educational and professional 
108.18 	activities relevant to practice or area of work.
108.19 	(f) "Data system" means a repository of information about licensees, including 
108.20 	examination, licensure, investigative, compact privilege, and adverse action.
108.21 	(g) "Encumbered license" means a license that a physical therapy licensing board has 
108.22 	limited in any way.
108.23 	(h) "Executive board" means a group of directors elected or appointed to act on behalf 
108.24 	of, and within the powers granted to them by, the commission.
108.25 	(i) "Home state" means the member state that is the licensee's primary state of residence.
108.26 	(j) "Investigative information" means information, records, and documents received or 
108.27 	generated by a physical therapy licensing board pursuant to an investigation.
108.28 	(k) "Jurisprudence requirement" means the assessment of an individual's knowledge of 
108.29 	the laws and rules governing the practice of physical therapy in a state.
108.30 	(l) "Licensee" means an individual who currently holds an authorization from the state 
108.31 	to practice as a physical therapist or to work as a physical therapist assistant.
108.32 	(m) "Member state" means a state that has enacted the compact.
109.1 	(n) "Party state" means any member state in which a licensee holds a current license or 
109.2 	compact privilege or is applying for a license or compact privilege.
109.3 	(o) "Physical therapist" means an individual who is licensed by a state to practice physical 
109.4 	therapy.
109.5 	(p) "Physical therapist assistant" means an individual who is licensed or certified by a 
109.6 	state and who assists the physical therapist in selected components of physical therapy.
109.7 	(q) "Physical therapy," "physical therapy practice," or "the practice of physical therapy" 
109.8 	means the care and services provided by or under the direction and supervision of a licensed 
109.9 	physical therapist.
109.10 	(r) "Physical Therapy Compact Commission" or "commission" means the national 
109.11 	administrative body whose membership consists of all states that have enacted the compact.
109.12 	(s) "Physical therapy licensing board" or "licensing board" means the agency of a state 
109.13 	that is responsible for the licensing and regulation of physical therapists and physical therapist 
109.14 	assistants.
109.15 	(t) "Remote state" means a member state other than the home state where a licensee is 
109.16 	exercising or seeking to exercise the compact privilege.
109.17 	(u) "Rule" means a regulation, principle, or directive promulgated by the commission 
109.18 	that has the force of law.
109.19 	(v) "State" means any state, commonwealth, district, or territory of the United States 
109.20 	that regulates the practice of physical therapy.
109.21 	ARTICLE III
109.22 	STATE PARTICIPATION IN THE COMPACT
109.23 	(a) To participate in the compact, a state must:
109.24 	(1) participate fully in the commission's data system, including using the commission's 
109.25 	unique identifier as defined in rules;
109.26 	(2) have a mechanism in place for receiving and investigating complaints about licensees;
109.27 	(3) notify the commission, in compliance with the terms of the compact and rules, of 
109.28 	any adverse action or the availability of investigative information regarding a licensee;
109.29 	(4) fully implement a criminal background check requirement, within a time frame 
109.30 	established by rule, by receiving the results of the Federal Bureau of Investigation record 
110.1 	search on criminal background checks and use the results in making licensure decisions in 
110.2 	accordance with paragraph (b);
110.3 	(5) comply with the rules of the commission;
110.4 	(6) utilize a recognized national examination as a requirement for licensure pursuant to 
110.5 	the rules of the commission; and
110.6 	(7) have continuing competence requirements as a condition for license renewal.
110.7 	(b) Upon adoption of this compact, the member state shall have the authority to obtain 
110.8 	biometric-based information from each physical therapy licensure applicant and submit this 
110.9 	information to the Federal Bureau of Investigation for a criminal background check in 
110.10 	accordance with United States Code, title 28, section 534, and United States Code, title 42, 
110.11 	section 14616.
110.12 	(c) A member state shall grant the compact privilege to a licensee holding a valid 
110.13 	unencumbered license in another member state in accordance with the terms of the compact 
110.14 	and rules.
110.15 	(d) Member states may charge a fee for granting a compact privilege.
110.16 	ARTICLE IV
110.17 	COMPACT PRIVILEGE
110.18 	(a) To exercise the compact privilege under the terms and provisions of the compact, 
110.19 	the licensee shall:
110.20 	(1) hold a license in the home state;
110.21 	(2) have no encumbrance on any state license;
110.22 	(3) be eligible for a compact privilege in any member state in accordance with paragraphs 
110.23 	(d), (g), and (h);
110.24 	(4) have not had any adverse action against any license or compact privilege within the 
110.25 	previous two years;
110.26 	(5) notify the commission that the licensee is seeking the compact privilege within a 
110.27 	remote state or states;
110.28 	(6) pay any applicable fees, including any state fee, for the compact privilege;
110.29 	(7) meet any jurisprudence requirements established by the remote state or states in 
110.30 	which the licensee is seeking a compact privilege; and
111.1 	(8) report to the commission adverse action taken by any nonmember state within 30 
111.2 	days from the date the adverse action is taken.
111.3 	(b) The compact privilege is valid until the expiration date of the home license. The 
111.4 	licensee must comply with the requirements of paragraph (a) to maintain the compact 
111.5 	privilege in the remote state.
111.6 	(c) A licensee providing physical therapy in a remote state under the compact privilege 
111.7 	shall function within the laws and regulations of the remote state.
111.8 	(d) A licensee providing physical therapy in a remote state is subject to that state's 
111.9 	regulatory authority. A remote state may, in accordance with due process and that state's 
111.10 	laws, remove a licensee's compact privilege in the remote state for a specific period of time, 
111.11 	impose fines, or take any other necessary actions to protect the health and safety of its 
111.12 	citizens. The licensee is not eligible for a compact privilege in any state until the specific 
111.13 	time for removal has passed and all fines are paid.
111.14 	(e) If a home state license is encumbered, the licensee shall lose the compact privilege 
111.15 	in any remote state until the following occur:
111.16 	(1) the home state license is no longer encumbered; and
111.17 	(2) two years have elapsed from the date of the adverse action.
111.18 	(f) Once an encumbered license in the home state is restored to good standing, the 
111.19 	licensee must meet the requirements of paragraph (a) to obtain a compact privilege in any 
111.20 	remote state.
111.21 	(g) If a licensee's compact privilege in any remote state is removed, the individual shall 
111.22 	lose the compact privilege in any remote state until the following occur:
111.23 	(1) the specific period of time for which the compact privilege was removed has ended;
111.24 	(2) all fines have been paid; and
111.25 	(3) two years have elapsed from the date of the adverse action.
111.26 	(h) Once the requirements of paragraph (g) have been met, the licensee must meet the 
111.27 	requirements in paragraph (a) to obtain a compact privilege in a remote state.
111.28 	ARTICLE V
111.29 	ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
111.30 	A licensee who is active duty military or is the spouse of an individual who is active 
111.31 	duty military may designate one of the following as the home state:
112.1 	(1) home of record;
112.2 	(2) permanent change of station (PCS) state; or
112.3 	(3) state of current residence if different than the PCS state or home of record.
112.4 	ARTICLE VI
112.5 	ADVERSE ACTIONS
112.6 	(a) A home state shall have exclusive power to impose adverse action against a license 
112.7 	issued by the home state.
112.8 	(b) A home state may take adverse action based on the investigative information of a 
112.9 	remote state, so long as the home state follows its own procedures for imposing adverse 
112.10 	action.
112.11 	(c) Nothing in this compact shall override a member state's decision that participation 
112.12 	in an alternative program may be used in lieu of adverse action and that such participation 
112.13 	shall remain nonpublic if required by the member state's laws. Member states must require 
112.14 	licensees who enter any alternative programs in lieu of discipline to agree not to practice 
112.15 	in any other member state during the term of the alternative program without prior 
112.16 	authorization from such other member state.
112.17 	(d) Any member state may investigate actual or alleged violations of the statutes and 
112.18 	rules authorizing the practice of physical therapy in any other member state in which a 
112.19 	physical therapist or physical therapist assistant holds a license or compact privilege.
112.20 	(e) A remote state shall have the authority to:
112.21 	(1) take adverse actions as set forth in article IV, paragraph (d), against a licensee's 
112.22 	compact privilege in the state;
112.23 	(2) issue subpoenas for both hearings and investigations that require the attendance and 
112.24 	testimony of witnesses and the production of evidence. Subpoenas issued by a physical 
112.25 	therapy licensing board in a party state for the attendance and testimony of witnesses, or 
112.26 	the production of evidence from another party state, shall be enforced in the latter state by 
112.27 	any court of competent jurisdiction, according to the practice and procedure of that court 
112.28 	applicable to subpoenas issued in proceedings pending before it. The issuing authority shall 
112.29 	pay any witness fees, travel expenses, mileage, and other fees required by the service statutes 
112.30 	of the state where the witnesses or evidence are located; and
113.1 	(3) if otherwise permitted by state law, recover from the licensee the costs of 
113.2 	investigations and disposition of cases resulting from any adverse action taken against that 
113.3 	licensee.
113.4 	(f) In addition to the authority granted to a member state by its respective physical therapy 
113.5 	practice act or other applicable state law, a member state may participate with other member 
113.6 	states in joint investigations of licensees.
113.7 	(g) Member states shall share any investigative, litigation, or compliance materials in 
113.8 	furtherance of any joint or individual investigation initiated under the compact.
113.9 	ARTICLE VII
113.10 	ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION
113.11 	(a) The compact member states hereby create and establish a joint public agency known 
113.12 	as the Physical Therapy Compact Commission:
113.13 	(1) the commission is an instrumentality of the compact states;
113.14 	(2) except as provided under paragraph (h), venue is proper and judicial proceedings by 
113.15 	or against the commission shall be brought solely and exclusively in a court of competent 
113.16 	jurisdiction where the principal office of the commission is located. The commission may 
113.17 	waive venue and jurisdictional defenses to the extent it adopts or consents to participate in 
113.18 	alternative dispute resolution proceedings; and
113.19 	(3) nothing in this compact shall be construed to be a waiver of sovereign immunity.
113.20 	(b) Membership, voting, and meetings:
113.21 	(1) each member state shall have and be limited to one delegate selected by that member 
113.22 	state's licensing board;
113.23 	(2) the delegate shall be a current member of the licensing board who is a physical 
113.24 	therapist, physical therapist assistant, public member, or the board administrator;
113.25 	(3) each delegate shall be entitled to one vote with regard to the promulgation of rules 
113.26 	and creation of bylaws and shall otherwise have an opportunity to participate in the business 
113.27 	and affairs of the commission;
113.28 	(4) a delegate shall vote in person or by such other means as provided in the bylaws. 
113.29 	The bylaws may provide for delegates' participation in meetings by telephone or other means 
113.30 	of communication;
114.1 	(5) any delegate may be removed or suspended from office as provided by the laws of 
114.2 	the state from which the delegate is appointed;
114.3 	(6) the member state board shall fill any vacancy occurring in the commission;
114.4 	(7) the commission shall meet at least once during each calendar year. Additional 
114.5 	meetings shall be held as set forth in the bylaws;
114.6 	(8) all meetings shall be open to the public and public notice of meetings shall be given 
114.7 	in the same manner as required under the rulemaking provisions in article IX;
114.8 	(9) the commission or the executive board or other committees of the commission may 
114.9 	convene in a closed, nonpublic meeting if the commission or executive board or other 
114.10 	committees of the commission must discuss:
114.11 	(i) noncompliance of a member state with its obligations under the compact;
114.12 	(ii) the employment, compensation, discipline, or other matters, practices, or procedures 
114.13 	related to specific employees or other matters related to the commission's internal personnel 
114.14 	practices and procedures;
114.15 	(iii) current, threatened, or reasonably anticipated litigation;
114.16 	(iv) negotiation of contracts for the purchase, lease, or sale of goods, services, or real 
114.17 	estate;
114.18 	(v) accusing any person of a crime or formally censuring any person;
114.19 	(vi) disclosure of trade secrets or commercial or financial information that is privileged 
114.20 	or confidential;
114.21 	(vii) disclosure of information of a personal nature where disclosure would constitute a 
114.22 	clearly unwarranted invasion of personal privacy;
114.23 	(viii) disclosure of investigative records compiled for law enforcement purposes;
114.24 	(ix) disclosure of information related to any investigative reports prepared by or on 
114.25 	behalf of or for use of the commission or other committee charged with responsibility of 
114.26 	investigation or determination of compliance issues pursuant to the compact; or
114.27 	(x) matters specifically exempted from disclosure by federal or member state statute;
114.28 	(10) if a meeting, or portion of a meeting, is closed pursuant to this provision, the 
114.29 	commission's legal counsel or designee shall certify that the meeting may be closed and 
114.30 	shall reference each relevant exempting provision; and
115.1 	(11) the commission shall keep minutes that fully and clearly describe all matters 
115.2 	discussed in a meeting and shall provide a full and accurate summary of actions taken and 
115.3 	the reasons therefore, including a description of the views expressed. All documents 
115.4 	considered in connection with an action shall be identified in such minutes. All minutes and 
115.5 	documents of a closed meeting shall remain under seal, subject to release by a majority vote 
115.6 	of the commission or order of a court of competent jurisdiction.
115.7 	(c) The commission shall have the following powers and duties:
115.8 	(1) establish the fiscal year of the commission;
115.9 	(2) establish bylaws;
115.10 	(3) maintain its financial records in accordance with the bylaws;
115.11 	(4) meet and take such actions as are consistent with the provisions of this compact and 
115.12 	the bylaws;
115.13 	(5) promulgate uniform rules to facilitate and coordinate implementation and 
115.14 	administration of this compact. The rules shall have the force and effect of law and shall 
115.15 	be binding in all member states;
115.16 	(6) bring and prosecute legal proceedings or actions in the name of the commission, 
115.17 	provided that the standing of any state physical therapy licensing board to sue or be sued 
115.18 	under applicable law shall not be affected;
115.19 	(7) purchase and maintain insurance and bonds;
115.20 	(8) borrow, accept, or contract for services of personnel, including but not limited to 
115.21 	employees of a member state;
115.22 	(9) hire employees; elect or appoint officers; fix compensation; define duties; grant such 
115.23 	individuals appropriate authority to carry out the purposes of the compact; and establish the 
115.24 	commission's personnel policies and programs relating to conflicts of interest, qualifications 
115.25 	of personnel, and other related personnel matters;
115.26 	(10) accept any and all appropriate donations and grants of money, equipment, supplies, 
115.27 	materials, and services and receive, utilize, and dispose of the same, provided that at all 
115.28 	times the commission shall avoid any appearance of impropriety or conflict of interest;
115.29 	(11) lease; purchase; accept appropriate gifts or donations of; or otherwise to own, hold, 
115.30 	improve, or use any property, real, personal, or mixed, provided that at all times the 
115.31 	commission shall avoid any appearance of impropriety;
116.1 	(12) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of 
116.2 	any property real, personal, or mixed;
116.3 	(13) establish a budget and make expenditures;
116.4 	(14) borrow money;
116.5 	(15) appoint committees, including standing committees composed of members, state 
116.6 	regulators, state legislators or their representatives, consumer representatives, and such 
116.7 	other interested persons as may be designated in this compact and the bylaws;
116.8 	(16) provide and receive information from, and cooperate with, law enforcement agencies;
116.9 	(17) establish and elect an executive board; and
116.10 	(18) perform such other functions as may be necessary or appropriate to achieve the 
116.11 	purposes of this compact consistent with the state regulation of physical therapy licensure 
116.12 	and practice.
116.13 	(d) The executive board:
116.14 	(1) the executive board shall have the power to act on behalf of the commission according 
116.15 	to the terms of this compact;
116.16 	(2) the executive board shall be composed of nine members as follows:
116.17 	(i) seven voting members who are elected by the commission from the current 
116.18 	membership of the commission;
116.19 	(ii) one ex officio, nonvoting member from the recognized national physical therapy 
116.20 	professional association; and
116.21 	(iii) one ex officio, nonvoting member from the recognized membership organization 
116.22 	of the physical therapy licensing boards;
116.23 	(3) the ex officio members must be selected by their respective organizations;
116.24 	(4) the commission may remove any member of the executive board as provided in the 
116.25 	bylaws;
116.26 	(5) the executive board shall meet at least annually; and
116.27 	(6) the executive board shall have the following duties and responsibilities:
116.28 	(i) recommend to the entire commission changes to the rules or bylaws, changes to this 
116.29 	compact legislation, fees paid by compact member states such as annual dues, and any 
116.30 	commission compact fee charged to licensees for the compact privilege;
117.1 	(ii) ensure compact administration services are appropriately provided, contractual or 
117.2 	otherwise;
117.3 	(iii) prepare and recommend the budget;
117.4 	(iv) maintain financial records on behalf of the commission;
117.5 	(v) monitor compact compliance of member states and provide compliance reports to 
117.6 	the commission;
117.7 	(vi) establish additional committees as necessary; and
117.8 	(vii) other duties as provided in rules or bylaws.
117.9 	(e) Financing of the commission:
117.10 	(1) the commission shall pay, or provide for the payment of, the reasonable expenses of 
117.11 	the commission's establishment, organization, and ongoing activities;
117.12 	(2) the commission may accept any and all appropriate revenue sources, donations, and 
117.13 	grants of money, equipment, supplies, materials, and services;
117.14 	(3) the commission may levy on and collect an annual assessment from each member 
117.15 	state or impose fees on other parties to cover the cost of the operations and activities of the 
117.16 	commission and the commission's staff, which must be in a total amount sufficient to cover 
117.17 	its annual budget as approved each year for which revenue is not provided by other sources. 
117.18 	The aggregate annual assessment amount shall be allocated based upon a formula to be 
117.19 	determined by the commission, which shall promulgate a rule binding upon all member 
117.20 	states;
117.21 	(4) the commission shall not incur obligations of any kind prior to securing the funds 
117.22 	adequate to meet the same; nor shall the commission pledge the credit of any of the member 
117.23 	states, except by and with the authority of the member state; and
117.24 	(5) the commission shall keep accurate accounts of all receipts and disbursements. The 
117.25 	receipts and disbursements of the commission shall be subject to the audit and accounting 
117.26 	procedures established under the commission's bylaws. However, all receipts and 
117.27 	disbursements of funds handled by the commission shall be audited yearly by a certified or 
117.28 	licensed public accountant and the report of the audit shall be included in and become part 
117.29 	of the annual report of the commission.
117.30 	(f) Qualified immunity, defense, and indemnification:
117.31 	(1) the members, officers, executive director, employees, and representatives of the 
117.32 	commission shall be immune from suit and liability, either personally or in their official 
118.1 	capacity, for any claim for damage to or loss of property or personal injury or other civil 
118.2 	liability caused by or arising out of any actual or alleged act, error, or omission that occurred, 
118.3 	or that the person against whom the claim is made had a reasonable basis for believing 
118.4 	occurred, within the scope of commission employment, duties, or responsibilities, provided 
118.5 	that nothing in this paragraph shall be construed to protect any such person from suit or 
118.6 	liability for any damage, loss, injury, or liability caused by the intentional or willful or 
118.7 	wanton misconduct of that person;
118.8 	(2) the commission shall defend any member, officer, executive director, employee, or 
118.9 	representative of the commission in any civil action seeking to impose liability arising out 
118.10 	of any actual or alleged act, error, or omission that occurred within the scope of commission 
118.11 	employment, duties, or responsibilities, or that the person against whom the claim is made 
118.12 	had a reasonable basis for believing occurred within the scope of commission employment, 
118.13 	duties, or responsibilities, provided that nothing herein shall be construed to prohibit that 
118.14 	person from retaining his or her own counsel, and provided further that the actual or alleged 
118.15 	act, error, or omission did not result from the intentional or willful or wanton misconduct 
118.16 	of that person; and
118.17 	(3) the commission shall indemnify and hold harmless any member, officer, executive 
118.18 	director, employee, or representative of the commission for the amount of any settlement 
118.19 	or judgment obtained against that person arising out of any actual or alleged act, error, or 
118.20 	omission that occurred within the scope of commission employment, duties, or 
118.21 	responsibilities, or that such person had a reasonable basis for believing occurred within 
118.22 	the scope of commission employment, duties, or responsibilities, provided that the actual 
118.23 	or alleged act, error, or omission did not result from the intentional or willful or wanton 
118.24 	misconduct of that person.
118.25 	(g) Notwithstanding paragraph (f), clause (1), the liability of the executive director, 
118.26 	employees, or representatives of the interstate commission, acting within the scope of their 
118.27 	employment or duties, may not exceed the limits of liability set forth under the constitution 
118.28 	and laws of this state for state officials, employees, and agents. This paragraph expressly 
118.29 	incorporates  section 3.736, and neither expands nor limits the rights and remedies provided 
118.30 	under that statute.
118.31 	(h) Except for a claim alleging a violation of this compact, a claim against the 
118.32 	commission, its executive director, employees, or representatives alleging a violation of the 
118.33 	constitution and laws of this state may be brought in any county where the plaintiff resides. 
118.34 	Nothing in this paragraph creates a private right of action.
119.1 	(i) Nothing in this compact shall be construed as a limitation on the liability of any 
119.2 	licensee for professional malpractice or misconduct, which shall be governed solely by any 
119.3 	other applicable state laws.
119.4 	ARTICLE VIII
119.5 	DATA SYSTEM
119.6 	(a) The commission shall provide for the development, maintenance, and utilization of 
119.7 	a coordinated database and reporting system containing licensure, adverse action, and 
119.8 	investigative information on all licensed individuals in member states.
119.9 	(b) Notwithstanding any other provision of state law to the contrary, a member state 
119.10 	shall submit a uniform data set to the data system on all individuals to whom this compact 
119.11 	is applicable as required by the rules of the commission, including:
119.12 	(1) identifying information;
119.13 	(2) licensure data;
119.14 	(3) adverse actions against a license or compact privilege;
119.15 	(4) nonconfidential information related to alternative program participation;
119.16 	(5) any denial of application for licensure and the reason or reasons for the denial; and
119.17 	(6) other information that may facilitate the administration of this compact, as determined 
119.18 	by the rules of the commission.
119.19 	(c) Investigative information pertaining to a licensee in any member state will only be 
119.20 	available to other party states.
119.21 	(d) The commission shall promptly notify all member states of any adverse action taken 
119.22 	against a licensee or an individual applying for a license. Adverse action information 
119.23 	pertaining to a licensee in any member state will be available to any other member state.
119.24 	(e) Member states contributing information to the data system may designate information 
119.25 	that may not be shared with the public without the express permission of the contributing 
119.26 	state.
119.27 	(f) Any information submitted to the data system that is subsequently required to be 
119.28 	expunged by the laws of the member state contributing the information shall be removed 
119.29 	from the data system.
119.30 	ARTICLE IX
119.31 	RULEMAKING
120.1 	(a) The commission shall exercise its rulemaking powers pursuant to the criteria set 
120.2 	forth in this article and the rules adopted thereunder. Rules and amendments shall become 
120.3 	binding as of the date specified in each rule or amendment.
120.4 	(b) If a majority of the legislatures of the member states rejects a rule, by enactment of 
120.5 	a statute or resolution in the same manner used to adopt the compact within four years of 
120.6 	the date of adoption of the rule, then such rule shall have no further force and effect in any 
120.7 	member state.
120.8 	(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of 
120.9 	the commission.
120.10 	(d) Prior to promulgation and adoption of a final rule or rules by the commission and at 
120.11 	least 30 days in advance of the meeting at which the rule will be considered and voted upon, 
120.12 	the commission shall file a notice of proposed rulemaking:
120.13 	(1) on the website of the commission or other publicly accessible platform; and
120.14 	(2) on the website of each member state physical therapy licensing board or other publicly 
120.15 	accessible platform or the publication in which each state would otherwise publish proposed 
120.16 	rules.
120.17 	(e) The notice of proposed rulemaking shall include:
120.18 	(1) the proposed time, date, and location of the meeting in which the rule will be 
120.19 	considered and voted upon;
120.20 	(2) the text of the proposed rule or amendment and the reason for the proposed rule;
120.21 	(3) a request for comments on the proposed rule from any interested person; and
120.22 	(4) the manner in which interested persons may submit notice to the commission of their 
120.23 	intention to attend the public hearing and any written comments.
120.24 	(f) Prior to adoption of a proposed rule, the commission shall allow persons to submit 
120.25 	written data, facts, opinions, and arguments, which shall be made available to the public.
120.26 	(g) The commission shall grant an opportunity for a public hearing before it adopts a 
120.27 	rule or amendment if a hearing is requested by:
120.28 	(1) at least 25 persons;
120.29 	(2) a state or federal governmental subdivision or agency; or
120.30 	(3) an association having at least 25 members.
121.1 	(h) If a hearing is held on the proposed rule or amendment, the commission shall publish 
121.2 	the place, time, and date of the scheduled public hearing. If the hearing is held via electronic 
121.3 	means, the commission shall publish the mechanism for access to the electronic hearing:
121.4 	(1) all persons wishing to be heard at the hearing shall notify the executive director of 
121.5 	the commission or other designated member in writing of their desire to appear and testify 
121.6 	at the hearing not less than five business days before the scheduled date of the hearing;
121.7 	(2) hearings shall be conducted in a manner providing each person who wishes to 
121.8 	comment a fair and reasonable opportunity to comment orally or in writing;
121.9 	(3) all hearings will be recorded. A copy of the recording will be made available on 
121.10 	request; and
121.11 	(4) nothing in this section shall be construed as requiring a separate hearing on each 
121.12 	rule. Rules may be grouped for the convenience of the commission at hearings required by 
121.13 	this section.
121.14 	(i) Following the scheduled hearing date, or by the close of business on the scheduled 
121.15 	hearing date if the hearing was not held, the commission shall consider all written and oral 
121.16 	comments received.
121.17 	(j) If no written notice of intent to attend the public hearing by interested parties is 
121.18 	received, the commission may proceed with promulgation of the proposed rule without a 
121.19 	public hearing.
121.20 	(k) The commission shall, by majority vote of all members, take final action on the 
121.21 	proposed rule and shall determine the effective date of the rule, if any, based on the 
121.22 	rulemaking record and the full text of the rule.
121.23 	(l) Upon determination that an emergency exists, the commission may consider and 
121.24 	adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided 
121.25 	that the usual rulemaking procedures provided in the compact and in this section shall be 
121.26 	retroactively applied to the rule as soon as reasonably possible, in no event later than 90 
121.27 	days after the effective date of the rule. For the purposes of this provision, an emergency 
121.28 	rule is one that must be adopted immediately in order to:
121.29 	(1) meet an imminent threat to public health, safety, or welfare;
121.30 	(2) prevent a loss of commission or member state funds;
121.31 	(3) meet a deadline for the promulgation of an administrative rule that is established by 
121.32 	federal law or rule; or
122.1 	(4) protect public health and safety.
122.2 	(m) The commission or an authorized committee of the commission may direct revisions 
122.3 	to a previously adopted rule or amendment for purposes of correcting typographical errors, 
122.4 	errors in format, errors in consistency, or grammatical errors. Public notice of any revisions 
122.5 	shall be posted on the website of the commission. The revision shall be subject to challenge 
122.6 	by any person for a period of 30 days after posting. The revision may be challenged only 
122.7 	on grounds that the revision results in a material change to a rule. A challenge shall be made 
122.8 	in writing and delivered to the chair of the commission prior to the end of the notice period. 
122.9 	If no challenge is made, the revision will take effect without further action. If the revision 
122.10 	is challenged, the revision may not take effect without the approval of the commission.
122.11 	ARTICLE X
122.12 	OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
122.13 	(a) Oversight:
122.14 	(1) the executive, legislative, and judicial branches of state government in each member 
122.15 	state shall enforce this compact and take all actions necessary and appropriate to effectuate 
122.16 	the compact's purposes and intent. The provisions of this compact and the rules promulgated 
122.17 	hereunder shall have standing as statutory law;
122.18 	(2) all courts shall take judicial notice of the compact and the rules in any judicial or 
122.19 	administrative proceeding in a member state pertaining to the subject matter of this compact 
122.20 	which may affect the powers, responsibilities, or actions of the commission; and
122.21 	(3) the commission shall be entitled to receive service of process in any such proceeding 
122.22 	and shall have standing to intervene in such a proceeding for all purposes. Failure to provide 
122.23 	service of process to the commission shall render a judgment or order void as to the 
122.24 	commission, this compact, or promulgated rules.
122.25 	(b) Default, technical assistance, and termination:
122.26 	(1) if the commission determines that a member state has defaulted in the performance 
122.27 	of its obligations or responsibilities under this compact or the promulgated rules, the 
122.28 	commission shall:
122.29 	(i) provide written notice to the defaulting state and other member states of the nature 
122.30 	of the default, the proposed means of curing the default, or any other action to be taken by 
122.31 	the commission; and
122.32 	(ii) provide remedial training and specific technical assistance regarding the default;
123.1 	(2) if a state in default fails to cure the default, the defaulting state may be terminated 
123.2 	from the compact upon an affirmative vote of a majority of the member states, and all rights, 
123.3 	privileges, and benefits conferred by this compact may be terminated on the effective date 
123.4 	of termination. A cure of the default does not relieve the offending state of obligations or 
123.5 	liabilities incurred during the period of default;
123.6 	(3) termination of membership in the compact shall be imposed only after all other means 
123.7 	of securing compliance have been exhausted. Notice of intent to suspend or terminate shall 
123.8 	be given by the commission to the governor, the majority and minority leaders of the 
123.9 	defaulting state's legislature, and each of the member states;
123.10 	(4) a state that has been terminated is responsible for all assessments, obligations, and 
123.11 	liabilities incurred through the effective date of termination, including obligations that 
123.12 	extend beyond the effective date of termination;
123.13 	(5) the commission shall not bear any costs related to a state that is found to be in default 
123.14 	or that has been terminated from the compact, unless agreed upon in writing between the 
123.15 	commission and the defaulting state; and
123.16 	(6) the defaulting state may appeal the action of the commission by petitioning the United 
123.17 	States District Court for the District of Columbia or the federal district where the commission 
123.18 	has its principal offices. The prevailing member shall be awarded all costs of such litigation, 
123.19 	including reasonable attorney fees.
123.20 	(c) Dispute resolution:
123.21 	(1) upon request by a member state, the commission shall attempt to resolve disputes 
123.22 	related to the compact that arise among member states and between member and nonmember 
123.23 	states; and
123.24 	(2) the commission shall promulgate a rule providing for both mediation and binding 
123.25 	dispute resolution for disputes as appropriate.
123.26 	(d) Enforcement:
123.27 	(1) the commission, in the reasonable exercise of its discretion, shall enforce the 
123.28 	provisions and rules of this compact;
123.29 	(2) by majority vote, the commission may initiate legal action in the United States District 
123.30 	Court for the District of Columbia or the federal district where the commission has its 
123.31 	principal offices against a member state in default to enforce compliance with the provisions 
123.32 	of the compact and its promulgated rules and bylaws. The relief sought may include both 
123.33 	injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing 
124.1 	member shall be awarded all costs of such litigation, including reasonable attorney fees; 
124.2 	and
124.3 	(3) the remedies herein shall not be the exclusive remedies of the commission. The 
124.4 	commission may pursue any other remedies available under federal or state law.
124.5 	ARTICLE XI
124.6 	DATE OF IMPLEMENTATION OF THE INTERSTATE COMPACT FOR PHYSICAL 
124.7 	THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND 
124.8 	AMENDMENTS
124.9 	(a) The compact shall come into effect on the date on which the compact statute is 
124.10 	enacted into law in the tenth member state. The provisions, which become effective at that 
124.11 	time, shall be limited to the powers granted to the commission relating to assembly and the 
124.12 	promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking 
124.13 	powers necessary to the implementation and administration of the compact.
124.14 	(b) Any state that joins the compact subsequent to the commission's initial adoption of 
124.15 	the rules shall be subject to the rules as they exist on the date on which the compact becomes 
124.16 	law in that state. Any rule that has been previously adopted by the commission shall have 
124.17 	the full force and effect of law on the day the compact becomes law in that state.
124.18 	(c) Any member state may withdraw from this compact by enacting a statute repealing 
124.19 	the same:
124.20 	(1) a member state's withdrawal shall not take effect until six months after enactment 
124.21 	of the repealing statute; and
124.22 	(2) withdrawal shall not affect the continuing requirement of the withdrawing state's 
124.23 	physical therapy licensing board to comply with the investigative and adverse action reporting 
124.24 	requirements of this compact prior to the effective date of withdrawal.
124.25 	(d) Nothing contained in this compact shall be construed to invalidate or prevent any 
124.26 	physical therapy licensure agreement or other cooperative arrangement between a member 
124.27 	state and a nonmember state that does not conflict with the provisions of this compact.
124.28 	(e) This compact may be amended by the member states. No amendment to this compact 
124.29 	shall become effective and binding upon any member state until it is enacted into the laws 
124.30 	of all member states.
124.31 	ARTICLE XII
124.32 	CONSTRUCTION AND SEVERABILITY
125.1 	This compact shall be liberally construed so as to effectuate the purposes thereof. The 
125.2 	provisions of this compact shall be severable and if any phrase, clause, sentence, or provision 
125.3 	of this compact is declared to be contrary to the constitution of any party state or of the 
125.4 	United States or the applicability thereof to any government, agency, person, or circumstance 
125.5 	is held invalid, the validity of the remainder of this compact and the applicability thereof 
125.6 	to any government, agency, person, or circumstance shall not be affected thereby. If this 
125.7 	compact shall be held contrary to the constitution of any party state, the compact shall 
125.8 	remain in full force and effect as to the remaining party states and in full force and effect 
125.9 	as to the party state affected as to all severable matters.

125.10 	EFFECTIVE DATE. This section is effective the day following final enactment. The 
125.11 	Board of Physical Therapy must publish the effective date of the compact in the State 
125.12 	Register and on the board's website.

125.13 	ARTICLE 12
125.14 	LICENSED PROFESSIONAL COUNSELOR COMPACT

125.15 	Section 1. [148B.75] LICENSED PROFESSIONAL COUNSELOR INTERSTATE 
125.16 	COMPACT.
125.17 	The licensed professional counselor interstate compact is enacted into law and entered 
125.18 	into with all other jurisdictions legally joining in it, in the form substantially specified in 
125.19 	this section.
125.20 	ARTICLE I
125.21 	TITLE
125.22 	This statute shall be known and cited as the professional counselors licensure compact.
125.23 	ARTICLE II
125.24 	DEFINITIONS
125.25 	(a) As used in this compact, and except as otherwise provided, the following definitions 
125.26 	shall apply.
125.27 	(b) "Active duty military" means full-time duty status in the active uniformed service 
125.28 	of the United States, including members of the national guard and reserve on active duty 
125.29 	orders pursuant to United States Code, title 10, chapters 1209 and 1211.
125.30 	(c) "Adverse action" means any administrative, civil, equitable, or criminal action 
125.31 	permitted by a state's laws which is imposed by a licensing board or other authority against 
126.1 	a licensed professional counselor, including actions against an individual's license or privilege 
126.2 	to practice such as revocation, suspension, probation, monitoring of the licensee, limitation 
126.3 	on the licensee's practice, or any other encumbrance on licensure affecting a licensed 
126.4 	professional counselor's authorization to practice, including issuance of a cease and desist 
126.5 	action.
126.6 	(d) "Alternative program" means a non-disciplinary monitoring or practice remediation 
126.7 	process approved by a professional counseling licensing board to address impaired 
126.8 	practitioners.
126.9 	(e) "Continuing competence" and "continuing education" means a requirement, as a 
126.10 	condition of license renewal, to provide evidence of participation in, or completion of, 
126.11 	educational and professional activities relevant to practice or area of work.
126.12 	(f) "Counseling compact commission" or "commission" means the national administrative 
126.13 	body whose membership consists of all states that have enacted the compact.
126.14 	(g) "Current significant investigative information" means:
126.15 	(1) investigative information that a licensing board, after a preliminary inquiry that 
126.16 	includes notification and an opportunity for the licensed professional counselor to respond, 
126.17 	if required by state law, has reason to believe is not groundless and, if proved true, would 
126.18 	indicate more than a minor infraction; or
126.19 	(2) investigative information that indicates that the licensed professional counselor 
126.20 	represents an immediate threat to public health and safety regardless of whether the licensed 
126.21 	professional counselor has been notified and had an opportunity to respond.
126.22 	(h) "Data system" means a repository of information about licensees, including but not 
126.23 	limited to continuing education, examination, licensure, investigative, privilege to practice, 
126.24 	and adverse action information.
126.25 	(i) "Encumbered license" means a license in which an adverse action restricts the practice 
126.26 	of licensed professional counseling by the licensee and said adverse action has been reported 
126.27 	to the National Practitioners Data Bank (NPDB).
126.28 	(j) "Encumbrance" means a revocation or suspension of, or any limitation on, the full 
126.29 	and unrestricted practice of licensed professional counseling by a licensing board.
126.30 	(k) "Executive committee" means a group of directors elected or appointed to act on 
126.31 	behalf of, and within the powers granted to them by, the commission.
126.32 	(l) "Home state" means the member state that is the licensee's primary state of residence.
127.1 	(m) "Impaired practitioner" means an individual who has a condition that may impair 
127.2 	their ability to practice as a licensed professional counselor without some type of intervention 
127.3 	and may include but is not limited to alcohol and drug dependence, mental health impairment, 
127.4 	and neurological or physical impairment.
127.5 	(n) "Investigative information" means information, records, and documents received or 
127.6 	generated by a professional counseling licensing board pursuant to an investigation.
127.7 	(o) "Jurisprudence requirement," if required by a member state, means the assessment 
127.8 	of an individual's knowledge of the laws and rules governing the practice of professional 
127.9 	counseling in a state.
127.10 	(p) "Licensed professional counselor" means a counselor licensed by a member state, 
127.11 	regardless of the title used by that state, to independently assess, diagnose, and treat 
127.12 	behavioral health conditions.
127.13 	(q) "Licensee" means an individual who currently holds an authorization from the state 
127.14 	to practice as a licensed professional counselor.
127.15 	(r) "Licensing board" means the agency of a state, or equivalent, that is responsible for 
127.16 	the licensing and regulation of licensed professional counselors.
127.17 	(s) "Member state" means a state that has enacted the compact.
127.18 	(t) "Privilege to practice" means a legal authorization, which is equivalent to a license, 
127.19 	permitting the practice of professional counseling in a remote state.
127.20 	(u) "Professional counseling" means the assessment, diagnosis, and treatment of 
127.21 	behavioral health conditions by a licensed professional counselor.
127.22 	(v) "Remote state" means a member state other than the home state, where a licensee is 
127.23 	exercising or seeking to exercise the privilege to practice.
127.24 	(w) "Rule" means a regulation promulgated by the commission that has the force of law.
127.25 	(x) "Single state license" means a licensed professional counselor license issued by a 
127.26 	member state that authorizes practice only within the issuing state and does not include a 
127.27 	privilege to practice in any other member state.
127.28 	(y) "State" means any state, commonwealth, district, or territory of the United States 
127.29 	that regulates the practice of professional counseling.
127.30 	(z) "Telehealth" means the application of telecommunication technology to deliver 
127.31 	professional counseling services remotely to assess, diagnose, and treat behavioral health 
127.32 	conditions.
128.1 	(aa) "Unencumbered license" means a license that authorizes a licensed professional 
128.2 	counselor to engage in the full and unrestricted practice of professional counseling.
128.3 	ARTICLE III
128.4 	STATE PARTICIPATION IN THE COMPACT
128.5 	(a) To participate in the compact, a state must currently:
128.6 	(1) license and regulate licensed professional counselors;
128.7 	(2) require licensees to pass a nationally recognized exam approved by the commission;
128.8 	(3) require licensees to have a 60 semester-hour or 90 quarter-hour master's degree in 
128.9 	counseling or 60 semester-hours or 90 quarter-hours of graduate coursework including the 
128.10 	following topic areas:
128.11 	(i) professional counseling orientation and ethical practice;
128.12 	(ii) social and cultural diversity;
128.13 	(iii) human growth and development;
128.14 	(iv) career development;
128.15 	(v) counseling and helping relationships;
128.16 	(vi) group counseling and group work;
128.17 	(vii) diagnosis and treatment; assessment and testing;
128.18 	(viii) research and program evaluation; and
128.19 	(ix) other areas as determined by the commission;
128.20 	(4) require licensees to complete a supervised postgraduate professional experience as 
128.21 	defined by the commission; and
128.22 	(5) have a mechanism in place for receiving and investigating complaints about licensees.
128.23 	(b) A member state shall:
128.24 	(1) participate fully in the commission's data system, including using the commission's 
128.25 	unique identifier as defined in rules;
128.26 	(2) notify the commission, in compliance with the terms of the compact and rules, of 
128.27 	any adverse action or the availability of investigative information regarding a licensee;
128.28 	(3) implement or utilize procedures for considering the criminal history records of 
128.29 	applicants for an initial privilege to practice. These procedures shall include the submission 
129.1 	of fingerprints or other biometric-based information by applicants for the purpose of obtaining 
129.2 	an applicant's criminal history record information from the Federal Bureau of Investigation 
129.3 	and the agency responsible for retaining that state's criminal records;
129.4 	(i) a member state must fully implement a criminal background check requirement, 
129.5 	within a time frame established by rule, by receiving the results of the Federal Bureau of 
129.6 	Investigation record search and shall use the results in making licensure decisions; and
129.7 	(ii) communication between a member state, the commission, and among member states 
129.8 	regarding the verification of eligibility for licensure through the compact shall not include 
129.9 	any information received from the Federal Bureau of Investigation relating to a federal 
129.10 	criminal records check performed by a member state under Public Law 92-544;
129.11 	(4) comply with the rules of the commission;
129.12 	(5) require an applicant to obtain or retain a license in the home state and meet the home 
129.13 	state's qualifications for licensure or renewal of licensure, as well as all other applicable 
129.14 	state laws;
129.15 	(6) grant the privilege to practice to a licensee holding a valid unencumbered license in 
129.16 	another member state in accordance with the terms of the compact and rules; and
129.17 	(7) provide for the attendance of the state's commissioner to the counseling compact 
129.18 	commission meetings.
129.19 	(c) Member states may charge a fee for granting the privilege to practice.
129.20 	(d) Individuals not residing in a member state shall continue to be able to apply for a 
129.21 	member state's single state license as provided under the laws of each member state. However, 
129.22 	the single state license granted to these individuals shall not be recognized as granting a 
129.23 	privilege to practice professional counseling in any other member state.
129.24 	(e) Nothing in this compact shall affect the requirements established by a member state 
129.25 	for the issuance of a single state license.
129.26 	(f) A license issued to a licensed professional counselor by a home state to a resident in 
129.27 	that state shall be recognized by each member state as authorizing a licensed professional 
129.28 	counselor to practice professional counseling, under a privilege to practice, in each member 
129.29 	state.
129.30 	ARTICLE IV
129.31 	PRIVILEGE TO PRACTICE
130.1 	(a) To exercise the privilege to practice under the terms and provisions of the compact, 
130.2 	the licensee shall:
130.3 	(1) hold a license in the home state;
130.4 	(2) have a valid United States Social Security number or national practitioner identifier;
130.5 	(3) be eligible for a privilege to practice in any member state in accordance with this 
130.6 	article, paragraphs (d), (g), and (h);
130.7 	(4) have not had any encumbrance or restriction against any license or privilege to 
130.8 	practice within the previous two years;
130.9 	(5) notify the commission that the licensee is seeking the privilege to practice within a 
130.10 	remote state(s);
130.11 	(6) pay any applicable fees, including any state fee, for the privilege to practice;
130.12 	(7) meet any continuing competence or education requirements established by the home 
130.13 	state;
130.14 	(8) meet any jurisprudence requirements established by the remote state in which the 
130.15 	licensee is seeking a privilege to practice; and
130.16 	(9) report to the commission any adverse action, encumbrance, or restriction on license 
130.17 	taken by any nonmember state within 30 days from the date the action is taken.
130.18 	(b) The privilege to practice is valid until the expiration date of the home state license. 
130.19 	The licensee must comply with the requirements of this article, paragraph (a), to maintain 
130.20 	the privilege to practice in the remote state.
130.21 	(c) A licensee providing professional counseling in a remote state under the privilege 
130.22 	to practice shall adhere to the laws and regulations of the remote state.
130.23 	(d) A licensee providing professional counseling services in a remote state is subject to 
130.24 	that state's regulatory authority. A remote state may, in accordance with due process and 
130.25 	that state's laws, remove a licensee's privilege to practice in the remote state for a specific 
130.26 	period of time, impose fines, or take any other necessary actions to protect the health and 
130.27 	safety of its citizens. The licensee may be ineligible for a privilege to practice in any member 
130.28 	state until the specific time for removal has passed and all fines are paid.
130.29 	(e) If a home state license is encumbered, the licensee shall lose the privilege to practice 
130.30 	in any remote state until the following occur:
130.31 	(1) the home state license is no longer encumbered; and
131.1 	(2) have not had any encumbrance or restriction against any license or privilege to 
131.2 	practice within the previous two years.
131.3 	(f) Once an encumbered license in the home state is restored to good standing, the 
131.4 	licensee must meet the requirements of this article, paragraph (a), to obtain a privilege to 
131.5 	practice in any remote state.
131.6 	(g) If a licensee's privilege to practice in any remote state is removed, the individual 
131.7 	may lose the privilege to practice in all other remote states until the following occur:
131.8 	(1) the specific period of time for which the privilege to practice was removed has ended;
131.9 	(2) all fines have been paid; and
131.10 	(3) have not had any encumbrance or restriction against any license or privilege to 
131.11 	practice within the previous two years.
131.12 	(h) Once the requirements of this article, paragraph (g), have been met, the licensee must 
131.13 	meet the requirements in this article, paragraph (a), to obtain a privilege to practice in a 
131.14 	remote state.
131.15 	ARTICLE V
131.16 	OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO 
131.17 	PRACTICE
131.18 	(a) A licensed professional counselor may hold a home state license, which allows for 
131.19 	a privilege to practice in other member states, in only one member state at a time.
131.20 	(b) If a licensed professional counselor changes primary state of residence by moving 
131.21 	between two member states:
131.22 	(1) the licensed professional counselor shall file an application for obtaining a new home 
131.23 	state license based on a privilege to practice, pay all applicable fees, and notify the current 
131.24 	and new home state in accordance with applicable rules adopted by the commission;
131.25 	(2) upon receipt of an application for obtaining a new home state license by virtue of a 
131.26 	privilege to practice, the new home state shall verify that the licensed professional counselor 
131.27 	meets the pertinent criteria outlined in article IV via the data system, without need for 
131.28 	primary source verification, except for:
131.29 	(i) a Federal Bureau of Investigation fingerprint-based criminal background check if not 
131.30 	previously performed or updated pursuant to applicable rules adopted by the commission 
131.31 	in accordance with Public Law 92-544;
132.1 	(ii) other criminal background checks as required by the new home state; and
132.2 	(iii) completion of any requisite jurisprudence requirements of the new home state;
132.3 	(3) the former home state shall convert the former home state license into a privilege to 
132.4 	practice once the new home state has activated the new home state license in accordance 
132.5 	with applicable rules adopted by the commission;
132.6 	(4) notwithstanding any other provision of this compact, if the licensed professional 
132.7 	counselor cannot meet the criteria in article VI, the new home state may apply its 
132.8 	requirements for issuing a new single state license; and
132.9 	(5) the licensed professional counselor shall pay all applicable fees to the new home 
132.10 	state in order to be issued a new home state license.
132.11 	(c) If a licensed professional counselor changes primary state of residence by moving 
132.12 	from a member state to a nonmember state, or from a nonmember state to a member state, 
132.13 	the state criteria shall apply for issuance of a single state license in the new state.
132.14 	(d) Nothing in this compact shall interfere with a licensee's ability to hold a single state 
132.15 	license in multiple states, however, for the purposes of this compact, a licensee shall have 
132.16 	only one home state license.
132.17 	(e) Nothing in this compact shall affect the requirements established by a member state 
132.18 	for the issuance of a single state license.
132.19 	ARTICLE VI
132.20 	ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
132.21 	Active duty military personnel, or their spouse, shall designate a home state where the 
132.22 	individual has a current license in good standing. The individual may retain the home state 
132.23 	designation during the period the service member is on active duty. Subsequent to designating 
132.24 	a home state, the individual shall only change their home state through application for 
132.25 	licensure in the new state or through the process outlined in article V.
132.26 	ARTICLE VII
132.27 	COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
132.28 	(a) Member states shall recognize the right of a licensed professional counselor, licensed 
132.29 	by a home state in accordance with article III and under rules promulgated by the commission, 
132.30 	to practice professional counseling in any member state via telehealth under a privilege to 
132.31 	practice as provided in the compact and rules promulgated by the commission.
133.1 	(b) A licensee providing professional counseling services in a remote state under the 
133.2 	privilege to practice shall adhere to the laws and regulations of the remote state.
133.3 	ARTICLE VIII
133.4 	ADVERSE ACTIONS
133.5 	(a) In addition to the other powers conferred by state law, a remote state shall have the 
133.6 	authority, in accordance with existing state due process law, to:
133.7 	(1) take adverse action against a licensed professional counselor's privilege to practice 
133.8 	within that member state; and
133.9 	(2) issue subpoenas for both hearings and investigations that require the attendance and 
133.10 	testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing 
133.11 	board in a member state for the attendance and testimony of witnesses or the production of 
133.12 	evidence from another member state shall be enforced in the latter state by any court of 
133.13 	competent jurisdiction according to the practice and procedure of that court applicable to 
133.14 	subpoenas issued in proceedings pending before it. The issuing authority shall pay any 
133.15 	witness fees, travel expenses, mileage, and other fees required by the service statutes of the 
133.16 	state in which the witnesses or evidence are located.
133.17 	(b) Only the home state shall have the power to take adverse action against a licensed 
133.18 	professional counselor's license issued by the home state.
133.19 	(c) For purposes of taking adverse action, the home state shall give the same priority 
133.20 	and effect to reported conduct received from a member state as it would if the conduct had 
133.21 	occurred within the home state. In so doing, the home state shall apply its own state laws 
133.22 	to determine appropriate action.
133.23 	(d) The home state shall complete any pending investigations of a licensed professional 
133.24 	counselor who changes primary state of residence during the course of the investigations. 
133.25 	The home state shall also have the authority to take appropriate action and shall promptly 
133.26 	report the conclusions of the investigations to the administrator of the data system. The 
133.27 	administrator of the coordinated licensure information system shall promptly notify the new 
133.28 	home state of any adverse actions.
133.29 	(e) A member state, if otherwise permitted by state law, may recover from the affected 
133.30 	licensed professional counselor the costs of investigations and dispositions of cases resulting 
133.31 	from any adverse action taken against that licensed professional counselor.
134.1 	(f) A member state may take adverse action based on the factual findings of the remote 
134.2 	state, provided that the member state follows its own procedures for taking the adverse 
134.3 	action.
134.4 	(g) Joint investigations:
134.5 	(1) in addition to the authority granted to a member state by its respective professional 
134.6 	counseling practice act or other applicable state law, any member state may participate with 
134.7 	other member states in joint investigations of licensees; and
134.8 	(2) member states shall share any investigative, litigation, or compliance materials in 
134.9 	furtherance of any joint or individual investigation initiated under the compact.
134.10 	(h) If adverse action is taken by the home state against the license of a licensed 
134.11 	professional counselor, the licensed professional counselor's privilege to practice in all other 
134.12 	member states shall be deactivated until all encumbrances have been removed from the 
134.13 	state license. All home state disciplinary orders that impose adverse action against the license 
134.14 	of a licensed professional counselor shall include a statement that the licensed professional 
134.15 	counselor's privilege to practice is deactivated in all member states during the pendency of 
134.16 	the order.
134.17 	(i) If a member state takes adverse action, it shall promptly notify the administrator of 
134.18 	the data system. The administrator of the data system shall promptly notify the home state 
134.19 	of any adverse actions by remote states.
134.20 	(j) Nothing in this compact shall override a member state's decision that participation 
134.21 	in an alternative program may be used in lieu of adverse action.
134.22 	ARTICLE IX
134.23 	ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
134.24 	(a) The compact member states hereby create and establish a joint public agency known 
134.25 	as the counseling compact commission:
134.26 	(1) the commission is an instrumentality of the compact states;
134.27 	(2) except as provided under paragraph (i), venue is proper and judicial proceedings by 
134.28 	or against the commission shall be brought solely and exclusively in a court of competent 
134.29 	jurisdiction where the principal office of the commission is located. The commission may 
134.30 	waive venue and jurisdictional defenses to the extent it adopts or consents to participate in 
134.31 	alternative dispute resolution proceedings; and
134.32 	(3) nothing in this compact shall be construed to be a waiver of sovereign immunity.
135.1 	(b) Membership, voting, and meetings:
135.2 	(1) each member state shall have and be limited to one delegate selected by that member 
135.3 	state's licensing board;
135.4 	(2) the delegate shall be either:
135.5 	(i) a current member of the licensing board at the time of appointment who is a licensed 
135.6 	professional counselor or public member; or
135.7 	(ii) an administrator of the licensing board;
135.8 	(3) any delegate may be removed or suspended from office as provided by the law of 
135.9 	the state from which the delegate is appointed;
135.10 	(4) the member state licensing board shall fill any vacancy occurring on the commission 
135.11 	within 60 days;
135.12 	(5) each delegate shall be entitled to one vote with regard to the promulgation of rules 
135.13 	and creation of bylaws and shall otherwise have an opportunity to participate in the business 
135.14 	and affairs of the commission;
135.15 	(6) a delegate shall vote in person or by such other means as provided in the bylaws. 
135.16 	The bylaws may provide for delegates' participation in meetings by telephone or other means 
135.17 	of communication;
135.18 	(7) the commission shall meet at least once during each calendar year. Additional 
135.19 	meetings shall be held as set forth in the bylaws; and
135.20 	(8) the commission shall by rule establish a term of office for delegates and may by rule 
135.21 	establish term limits.
135.22 	(c) The commission shall have the following powers and duties:
135.23 	(1) establish the fiscal year of the commission;
135.24 	(2) establish bylaws;
135.25 	(3) maintain its financial records in accordance with the bylaws;
135.26 	(4) meet and take such actions as are consistent with the provisions of this compact and 
135.27 	the bylaws;
135.28 	(5) promulgate rules which shall be binding to the extent and in the manner provided 
135.29 	for in the compact;
136.1 	(6) bring and prosecute legal proceedings or actions in the name of the commission, 
136.2 	provided that the standing of any state licensing board to sue or be sued under applicable 
136.3 	law shall not be affected;
136.4 	(7) purchase and maintain insurance and bonds;
136.5 	(8) borrow, accept, or contract for services of personnel, including but not limited to 
136.6 	employees of a member state;
136.7 	(9) hire employees, elect or appoint officers, fix compensation, define duties, grant such 
136.8 	individuals appropriate authority to carry out the purposes of the compact, and establish the 
136.9 	commission's personnel policies and programs relating to conflicts of interest, qualifications 
136.10 	of personnel, and other related personnel matters;
136.11 	(10) accept any and all appropriate donations and grants of money, equipment, supplies, 
136.12 	materials, and services and to receive, utilize, and dispose of the same; provided that at all 
136.13 	times the commission shall avoid any appearance of impropriety and conflict of interest;
136.14 	(11) lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, 
136.15 	improve, or use any property, real, personal, or mixed; provided that at all times the 
136.16 	commission shall avoid any appearance of impropriety;
136.17 	(12) sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of 
136.18 	any property real, personal, or mixed;
136.19 	(13) establish a budget and make expenditures;
136.20 	(14) borrow money;
136.21 	(15) appoint committees, including standing committees composed of members, state 
136.22 	regulators, state legislators or their representatives, and consumer representatives, and such 
136.23 	other interested persons as may be designated in this compact and the bylaws;
136.24 	(16) provide and receive information from, and cooperate with, law enforcement agencies;
136.25 	(17) establish and elect an executive committee; and
136.26 	(18) perform such other functions as may be necessary or appropriate to achieve the 
136.27 	purposes of this compact consistent with the state regulation of professional counseling 
136.28 	licensure and practice.
136.29 	(d) The executive committee:
136.30 	(1) the executive committee shall have the power to act on behalf of the commission 
136.31 	according to the terms of this compact;
137.1 	(2) the executive committee shall be composed of up to eleven members:
137.2 	(i) seven voting members who are elected by the commission from the current 
137.3 	membership of the commission;
137.4 	(ii) up to four ex-officio, nonvoting members from four recognized national professional 
137.5 	counselor organizations; and
137.6 	(iii) the ex-officio members will be selected by their respective organizations;
137.7 	(3) the commission may remove any member of the executive committee as provided 
137.8 	in the bylaws;
137.9 	(4) the executive committee shall meet at least annually; and
137.10 	(5) the executive committee shall have the following duties and responsibilities:
137.11 	(i) recommend to the entire commission changes to the rules or bylaws, changes to this 
137.12 	compact legislation, fees paid by compact member states such as annual dues, and any 
137.13 	commission compact fee charged to licensees for the privilege to practice;
137.14 	(ii) ensure compact administration services are appropriately provided, contractual or 
137.15 	otherwise;
137.16 	(iii) prepare and recommend the budget;
137.17 	(iv) maintain financial records on behalf of the commission;
137.18 	(v) monitor compact compliance of member states and provide compliance reports to 
137.19 	the commission;
137.20 	(vi) establish additional committees as necessary; and
137.21 	(vii) other duties as provided in rules or bylaws.
137.22 	(e) Meetings of the commission:
137.23 	(1) all meetings shall be open to the public, and public notice of meetings shall be given 
137.24 	in the same manner as required under the rulemaking provisions in article XI;
137.25 	(2) the commission or the executive committee or other committees of the commission 
137.26 	may convene in a closed, non-public meeting if the commission or executive committee or 
137.27 	other committees of the commission must discuss:
137.28 	(i) non-compliance of a member state with its obligations under the compact;
138.1 	(ii) the employment, compensation, discipline, or other matters, practices, or procedures 
138.2 	related to specific employees or other matters related to the commission's internal personnel 
138.3 	practices and procedures;
138.4 	(iii) current, threatened, or reasonably anticipated litigation;
138.5 	(iv) negotiation of contracts for the purchase, lease, or sale of goods, services, or real 
138.6 	estate;
138.7 	(v) accusing any person of a crime or formally censuring any person;
138.8 	(vi) disclosure of trade secrets or commercial or financial information that is privileged 
138.9 	or confidential;
138.10 	(vii) disclosure of information of a personal nature where disclosure would constitute a 
138.11 	clearly unwarranted invasion of personal privacy;
138.12 	(viii) disclosure of investigative records compiled for law enforcement purposes;
138.13 	(ix) disclosure of information related to any investigative reports prepared by or on 
138.14 	behalf of or for use of the commission or other committee charged with responsibility of 
138.15 	investigation or determination of compliance issues pursuant to the compact; or
138.16 	(x) matters specifically exempted from disclosure by federal or member state statute;
138.17 	(3) if a meeting, or portion of a meeting, is closed pursuant to this provision, the 
138.18 	commission's legal counsel or designee shall certify that the meeting may be closed and 
138.19 	shall reference each relevant exempting provision; and
138.20 	(4) the commission shall keep minutes that fully and clearly describe all matters discussed 
138.21 	in a meeting and shall provide a full and accurate summary of actions taken and the reasons 
138.22 	therefore, including a description of the views expressed. All documents considered in 
138.23 	connection with an action shall be identified in such minutes. All minutes and documents 
138.24 	of a closed meeting shall remain under seal, subject to release by a majority vote of the 
138.25 	commission or order of a court of competent jurisdiction.
138.26 	(f) Financing of the commission:
138.27 	(i) the commission shall pay, or provide for the payment of, the reasonable expenses of 
138.28 	its establishment, organization, and ongoing activities;
138.29 	(ii) the commission may accept any and all appropriate revenue sources, donations, and 
138.30 	grants of money, equipment, supplies, materials, and services;
139.1 	(iii) the commission may levy on and collect an annual assessment from each member 
139.2 	state or impose fees on other parties to cover the cost of the operations and activities of the 
139.3 	commission and its staff, which must be in a total amount sufficient to cover its annual 
139.4 	budget as approved each year for which revenue is not provided by other sources. The 
139.5 	aggregate annual assessment amount shall be allocated based upon a formula to be determined 
139.6 	by the commission, which shall promulgate a rule binding upon all member states;
139.7 	(iv) the commission shall not incur obligations of any kind prior to securing the funds 
139.8 	adequate to meet the same; nor shall the commission pledge the credit of any of the member 
139.9 	states, except by and with the authority of the member state; and
139.10 	(v) the commission shall keep accurate accounts of all receipts and disbursements. The 
139.11 	receipts and disbursements of the commission shall be subject to the audit and accounting 
139.12 	procedures established under its bylaws. However, all receipts and disbursements of funds 
139.13 	handled by the commission shall be audited yearly by a certified or licensed public 
139.14 	accountant, and the report of the audit shall be included in and become part of the annual 
139.15 	report of the commission.
139.16 	(g) Qualified immunity, defense, and indemnification:
139.17 	(1) the members, officers, executive director, employees, and representatives of the 
139.18 	commission shall be immune from suit and liability, either personally or in their official 
139.19 	capacity, for any claim for damage to or loss of property or personal injury or other civil 
139.20 	liability caused by or arising out of any actual or alleged act, error, or omission that occurred, 
139.21 	or that the person against whom the claim is made had a reasonable basis for believing 
139.22 	occurred within the scope of commission employment, duties, or responsibilities; provided 
139.23 	that nothing in this paragraph shall be construed to protect any such person from suit or 
139.24 	liability for any damage, loss, injury, or liability caused by the intentional or willful or 
139.25 	wanton misconduct of that person;
139.26 	(2) the commission shall defend any member, officer, executive director, employee, or 
139.27 	representative of the commission in any civil action seeking to impose liability arising out 
139.28 	of any actual or alleged act, error, or omission that occurred within the scope of commission 
139.29 	employment, duties, or responsibilities, or that the person against whom the claim is made 
139.30 	had a reasonable basis for believing occurred within the scope of commission employment, 
139.31 	duties, or responsibilities; provided that nothing herein shall be construed to prohibit that 
139.32 	person from retaining his or her own counsel; and provided further, that the actual or alleged 
139.33 	act, error, or omission did not result from that person's intentional or willful or wanton 
139.34 	misconduct; and
140.1 	(3) the commission shall indemnify and hold harmless any member, officer, executive 
140.2 	director, employee, or representative of the commission for the amount of any settlement 
140.3 	or judgment obtained against that person arising out of any actual or alleged act, error, or 
140.4 	omission that occurred within the scope of commission employment, duties, or 
140.5 	responsibilities, or that such person had a reasonable basis for believing occurred within 
140.6 	the scope of commission employment, duties, or responsibilities, provided that the actual 
140.7 	or alleged act, error, or omission did not result from the intentional or willful or wanton 
140.8 	misconduct of that person.
140.9 	(h) Notwithstanding paragraph (g), clause (1), the liability of the executive director, 
140.10 	employees, or representatives of the interstate commission, acting within the scope of their 
140.11 	employment or duties, may not exceed the limits of liability set forth under the constitution 
140.12 	and laws of this state for state officials, employees, and agents. This paragraph expressly 
140.13 	incorporates  section 3.736, and neither expands nor limits the rights and remedies provided 
140.14 	under that statute.
140.15 	(i) Except for a claim alleging a violation of this compact, a claim against the commission, 
140.16 	its executive director, employees, or representatives alleging a violation of the constitution 
140.17 	and laws of this state may be brought in any county where the plaintiff resides. Nothing in 
140.18 	this paragraph creates a private right of action.
140.19 	(j) Nothing in this compact shall be construed as a limitation on the liability of any 
140.20 	licensee for professional malpractice or misconduct, which shall be governed solely by any 
140.21 	other applicable state laws.
140.22 	ARTICLE X
140.23 	DATA SYSTEM
140.24 	(a) The commission shall provide for the development, maintenance, operation, and 
140.25 	utilization of a coordinated database and reporting system containing licensure, adverse 
140.26 	action, and investigative information on all licensed individuals in member states.
140.27 	(b) Notwithstanding any other provision of state law to the contrary, a member state 
140.28 	shall submit a uniform data set to the data system on all individuals to whom this compact 
140.29 	is applicable as required by the rules of the commission, including:
140.30 	(1) identifying information;
140.31 	(2) licensure data;
140.32 	(3) adverse actions against a license or privilege to practice;
141.1 	(4) nonconfidential information related to alternative program participation;
141.2 	(5) any denial of application for licensure and the reason for such denial;
141.3 	(6) current significant investigative information; and
141.4 	(7) other information that may facilitate the administration of this compact, as determined 
141.5 	by the rules of the commission.
141.6 	(c) Investigative information pertaining to a licensee in any member state will only be 
141.7 	available to other member states.
141.8 	(d) The commission shall promptly notify all member states of any adverse action taken 
141.9 	against a licensee or an individual applying for a license. Adverse action information 
141.10 	pertaining to a licensee in any member state will be available to any other member state.
141.11 	(e) Member states contributing information to the data system may designate information 
141.12 	that may not be shared with the public without the express permission of the contributing 
141.13 	state.
141.14 	(f) Any information submitted to the data system that is subsequently required to be 
141.15 	expunged by the laws of the member state contributing the information shall be removed 
141.16 	from the data system.
141.17 	ARTICLE XI
141.18 	RULEMAKING
141.19 	(a) The commission shall promulgate reasonable rules in order to effectively and 
141.20 	efficiently achieve the purpose of the compact. Notwithstanding the foregoing, in the event 
141.21 	the commission exercises its rulemaking authority in a manner that is beyond the scope of 
141.22 	the purposes of the compact, or the powers granted hereunder, then such an action by the 
141.23 	commission shall be invalid and have no force or effect.
141.24 	(b) The commission shall exercise its rulemaking powers pursuant to the criteria set 
141.25 	forth in this article and the rules adopted thereunder. Rules and amendments shall become 
141.26 	binding as of the date specified in each rule or amendment.
141.27 	(c) If a majority of the legislatures of the member states rejects a rule, by enactment of 
141.28 	a statute or resolution in the same manner used to adopt the compact within four years of 
141.29 	the date of adoption of the rule, then such rule shall have no further force and effect in any 
141.30 	member state.
141.31 	(d) Rules or amendments to the rules shall be adopted at a regular or special meeting of 
141.32 	the commission.
142.1 	(e) Prior to promulgation and adoption of a final rule or rules by the commission, and 
142.2 	at least thirty days in advance of the meeting at which the rule will be considered and voted 
142.3 	upon, the commission shall file a notice of proposed rulemaking:
142.4 	(1) on the website of the commission or other publicly accessible platform; and
142.5 	(2) on the website of each member state professional counseling licensing board or other 
142.6 	publicly accessible platform or the publication in which each state would otherwise publish 
142.7 	proposed rules.
142.8 	(f) The notice of proposed rulemaking shall include:
142.9 	(1) the proposed time, date, and location of the meeting in which the rule will be 
142.10 	considered and voted upon;
142.11 	(2) the text of the proposed rule or amendment and the reason for the proposed rule;
142.12 	(3) a request for comments on the proposed rule from any interested person; and
142.13 	(4) the manner in which interested persons may submit notice to the commission of their 
142.14 	intention to attend the public hearing and any written comments.
142.15 	(g) Prior to adoption of a proposed rule, the commission shall allow persons to submit 
142.16 	written data, facts, opinions, and arguments, which shall be made available to the public.
142.17 	(h) The commission shall grant an opportunity for a public hearing before it adopts a 
142.18 	rule or amendment if a hearing is requested by:
142.19 	(1) at least 25 persons;
142.20 	(2) a state or federal governmental subdivision or agency; or
142.21 	(3) an association having at least 25 members.
142.22 	(i) If a hearing is held on the proposed rule or amendment, the commission shall publish 
142.23 	the place, time, and date of the scheduled public hearing. If the hearing is held via electronic 
142.24 	means, the commission shall publish the mechanism for access to the electronic hearing:
142.25 	(1) all persons wishing to be heard at the hearing shall notify the executive director of 
142.26 	the commission or other designated member in writing of their desire to appear and testify 
142.27 	at the hearing not less than five business days before the scheduled date of the hearing;
142.28 	(2) hearings shall be conducted in a manner providing each person who wishes to 
142.29 	comment a fair and reasonable opportunity to comment orally or in writing;
142.30 	(3) all hearings will be recorded. A copy of the recording will be made available on 
142.31 	request; and
143.1 	(4) nothing in this article shall be construed as requiring a separate hearing on each rule. 
143.2 	Rules may be grouped for the convenience of the commission at hearings required by this 
143.3 	article.
143.4 	(j) Following the scheduled hearing date, or by the close of business on the scheduled 
143.5 	hearing date if the hearing was not held, the commission shall consider all written and oral 
143.6 	comments received.
143.7 	(k) If no written notice of intent to attend the public hearing by interested parties is 
143.8 	received, the commission may proceed with promulgation of the proposed rule without a 
143.9 	public hearing.
143.10 	(l) The commission shall, by majority vote of all members, take final action on the 
143.11 	proposed rule and shall determine the effective date of the rule, if any, based on the 
143.12 	rulemaking record and the full text of the rule.
143.13 	(m) Upon determination that an emergency exists, the commission may consider and 
143.14 	adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided 
143.15 	that the usual rulemaking procedures provided in the compact and in this article shall be 
143.16 	retroactively applied to the rule as soon as reasonably possible, in no event later than 90 
143.17 	days after the effective date of the rule. For the purposes of this provision, an emergency 
143.18 	rule is one that must be adopted immediately in order to:
143.19 	(1) meet an imminent threat to public health, safety, or welfare;
143.20 	(2) prevent a loss of commission or member state funds;
143.21 	(3) meet a deadline for the promulgation of an administrative rule that is established by 
143.22 	federal law or rule; or
143.23 	(4) protect public health and safety.
143.24 	(n) The commission or an authorized committee of the commission may direct revisions 
143.25 	to a previously adopted rule or amendment for purposes of correcting typographical errors, 
143.26 	errors in format, errors in consistency, or grammatical errors. Public notice of any revisions 
143.27 	shall be posted on the website of the commission. The revision shall be subject to challenge 
143.28 	by any person for a period of thirty days after posting. The revision may be challenged only 
143.29 	on grounds that the revision results in a material change to a rule. A challenge shall be made 
143.30 	in writing and delivered to the chair of the commission prior to the end of the notice period. 
143.31 	If no challenge is made, the revision will take effect without further action. If the revision 
143.32 	is challenged, the revision may not take effect without the approval of the commission.
143.33 	ARTICLE XII
144.1 	OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
144.2 	(a) Oversight:
144.3 	(1) the executive, legislative, and judicial branches of state government in each member 
144.4 	state shall enforce this compact and take all actions necessary and appropriate to effectuate 
144.5 	the compact's purposes and intent. The provisions of this compact and the rules promulgated 
144.6 	hereunder shall have standing as statutory law;
144.7 	(2) all courts shall take judicial notice of the compact and the rules in any judicial or 
144.8 	administrative proceeding in a member state pertaining to the subject matter of this compact 
144.9 	which may affect the powers, responsibilities, or actions of the commission; and
144.10 	(3) the commission shall be entitled to receive service of process in any such proceeding 
144.11 	and shall have standing to intervene in such a proceeding for all purposes. Failure to provide 
144.12 	service of process to the commission shall render a judgment or order void as to the 
144.13 	commission, this compact, or promulgated rules.
144.14 	(b) Default, technical assistance, and termination:
144.15 	(1) if the commission determines that a member state has defaulted in the performance 
144.16 	of its obligations or responsibilities under this compact or the promulgated rules, the 
144.17 	commission shall:
144.18 	(i) provide written notice to the defaulting state and other member states of the nature 
144.19 	of the default, the proposed means of curing the default, or any other action to be taken by 
144.20 	the commission; and
144.21 	(ii) provide remedial training and specific technical assistance regarding the default.
144.22 	(c) If a state in default fails to cure the default, the defaulting state may be terminated 
144.23 	from the compact upon an affirmative vote of a majority of the member states, and all rights, 
144.24 	privileges, and benefits conferred by this compact may be terminated on the effective date 
144.25 	of termination. A cure of the default does not relieve the offending state of obligations or 
144.26 	liabilities incurred during the period of default.
144.27 	(d) Termination of membership in the compact shall be imposed only after all other 
144.28 	means of securing compliance have been exhausted. Notice of intent to suspend or terminate 
144.29 	shall be given by the commission to the governor, the majority and minority leaders of the 
144.30 	defaulting state's legislature, and each of the member states.
145.1 	(e) A state that has been terminated is responsible for all assessments, obligations, and 
145.2 	liabilities incurred through the effective date of termination, including obligations that 
145.3 	extend beyond the effective date of termination.
145.4 	(f) The commission shall not bear any costs related to a state that is found to be in default 
145.5 	or that has been terminated from the compact, unless agreed upon in writing between the 
145.6 	commission and the defaulting state.
145.7 	(g) The defaulting state may appeal the action of the commission by petitioning the 
145.8 	United States District Court for the District of Columbia or the federal district where the 
145.9 	commission has its principal offices. The prevailing member shall be awarded all costs of 
145.10 	such litigation, including reasonable attorney fees.
145.11 	(h) Dispute resolution:
145.12 	(1) upon request by a member state, the commission shall attempt to resolve disputes 
145.13 	related to the compact that arise among member states and between member and nonmember 
145.14 	states; and
145.15 	(2) the commission shall promulgate a rule providing for both mediation and binding 
145.16 	dispute resolution for disputes as appropriate.
145.17 	(i) Enforcement:
145.18 	(1) the commission, in the reasonable exercise of its discretion, shall enforce the 
145.19 	provisions and rules of this compact;
145.20 	(2) by majority vote, the commission may initiate legal action in the United States District 
145.21 	Court for the District of Columbia or the federal district where the commission has its 
145.22 	principal offices against a member state in default to enforce compliance with the provisions 
145.23 	of the compact and its promulgated rules and bylaws. The relief sought may include both 
145.24 	injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing 
145.25 	member shall be awarded all costs of such litigation, including reasonable attorney fees; 
145.26 	and
145.27 	(3) the remedies herein shall not be the exclusive remedies of the commission. The 
145.28 	commission may pursue any other remedies available under federal or state law.
145.29 	ARTICLE XIII
145.30 	DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION 
145.31 	AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
146.1 	(a) The compact shall come into effect on the date on which the compact statute is 
146.2 	enacted into law in the tenth member state. The provisions, which become effective at that 
146.3 	time, shall be limited to the powers granted to the commission relating to assembly and the 
146.4 	promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking 
146.5 	powers necessary to the implementation and administration of the compact.
146.6 	(b) Any state that joins the compact subsequent to the commission's initial adoption of 
146.7 	the rules shall be subject to the rules as they exist on the date on which the compact becomes 
146.8 	law in that state. Any rule that has been previously adopted by the commission shall have 
146.9 	the full force and effect of law on the day the compact becomes law in that state.
146.10 	(c) Any member state may withdraw from this compact by enacting a statute repealing 
146.11 	the same.
146.12 	(1) a member state's withdrawal shall not take effect until six months after enactment 
146.13 	of the repealing statute; and
146.14 	(2) withdrawal shall not affect the continuing requirement of the withdrawing state's 
146.15 	professional counseling licensing board to comply with the investigative and adverse action 
146.16 	reporting requirements of this compact prior to the effective date of withdrawal.
146.17 	(d) Nothing contained in this compact shall be construed to invalidate or prevent any 
146.18 	professional counseling licensure agreement or other cooperative arrangement between a 
146.19 	member state and a nonmember state that does not conflict with the provisions of this 
146.20 	compact.
146.21 	(e) This compact may be amended by the member states. No amendment to this compact 
146.22 	shall become effective and binding upon any member state until it is enacted into the laws 
146.23 	of all member states.
146.24 	ARTICLE XIV
146.25 	CONSTRUCTION AND SEVERABILITY
146.26 	This compact shall be liberally construed so as to effectuate the purposes thereof. The 
146.27 	provisions of this compact shall be severable and if any phrase, clause, sentence, or provision 
146.28 	of this compact is declared to be contrary to the constitution of any member state or of the 
146.29 	United States or the applicability thereof to any government, agency, person, or circumstance 
146.30 	is held invalid, the validity of the remainder of this compact and the applicability thereof 
146.31 	to any government, agency, person, or circumstance shall not be affected thereby. If this 
146.32 	compact shall be held contrary to the constitution of any member state, the compact shall 
147.1 	remain in full force and effect as to the remaining member states and in full force and effect 
147.2 	as to the member state affected as to all severable matters.
147.3 	ARTICLE XV
147.4 	BINDING EFFECT OF COMPACT AND OTHER LAWS
147.5 	(a) A licensee providing professional counseling services in a remote state under the 
147.6 	privilege to practice shall adhere to the laws and regulations, including scope of practice, 
147.7 	of the remote state.
147.8 	(b) Nothing herein prevents the enforcement of any other law of a member state that is 
147.9 	not inconsistent with the compact.
147.10 	(c) Any laws in a member state in conflict with the compact are superseded to the extent 
147.11 	of the conflict.
147.12 	(d) Any lawful actions of the commission, including all rules and bylaws properly 
147.13 	promulgated by the commission, are binding upon the member states.
147.14 	(e) All permissible agreements between the commission and the member states are 
147.15 	binding in accordance with their terms.
147.16 	(f) In the event any provision of the compact exceeds the constitutional limits imposed 
147.17 	on the legislature of any member state, the provision shall be ineffective to the extent of the 
147.18 	conflict with the constitutional provision in question in that member state.

147.19 	ARTICLE 13
147.20 	AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY COMPACT

147.21 	Section 1. [148.5185] AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY 
147.22 	INTERSTATE COMPACT.
147.23 	The Audiology and Speech-Language Pathology Interstate Compact is enacted into law 
147.24 	and entered into with all other jurisdictions legally joining in it in the form substantially 
147.25 	specified in this section.
147.26 	ARTICLE I
147.27 	DEFINITIONS
147.28 	As used in this compact, and except as otherwise provided, the following definitions 
147.29 	shall apply:
148.1 	(A) "Active duty military" means full-time duty status in the active uniformed service 
148.2 	of the United States, including members of the National Guard and Reserve on active duty 
148.3 	orders pursuant to United States Code, title 10, sections 1209 and 1211.
148.4 	(B) "Adverse action" means any administrative, civil, equitable, or criminal action 
148.5 	permitted by a state's laws which is imposed by a licensing board or other authority against 
148.6 	an audiologist or speech-language pathologist, including actions against an individual's 
148.7 	license or privilege to practice such as revocation, suspension, probation, monitoring of the 
148.8 	licensee, or restriction on the licensee's practice.
148.9 	(C) "Alternative program" means a non-disciplinary monitoring process approved by 
148.10 	an audiology or speech-language pathology licensing board to address impaired practitioners.
148.11 	(D) "Audiologist" means an individual who is licensed by a state to practice audiology.
148.12 	(E) "Audiology" means the care and services provided by a licensed audiologist as set 
148.13 	forth in the member state's statutes and rules.
148.14 	(F) "Audiology and Speech-Language Pathology Compact Commission" or "commission" 
148.15 	means the national administrative body whose membership consists of all states that have 
148.16 	enacted the compact.
148.17 	(G) "Audiology and speech-language pathology licensing board," "audiology licensing 
148.18 	board," "speech-language pathology licensing board," or "licensing board" means the agency 
148.19 	of a state that is responsible for the licensing and regulation of audiologists or 
148.20 	speech-language pathologists or both.
148.21 	(H) "Compact privilege" means the authorization granted by a remote state to allow a 
148.22 	licensee from another member state to practice as an audiologist or speech-language 
148.23 	pathologist in the remote state under its laws and rules. The practice of audiology or 
148.24 	speech-language pathology occurs in the member state where the patient, client, or student 
148.25 	is located at the time of the patient, client, or student encounter.
148.26 	(I) "Current significant investigative information" means investigative information that 
148.27 	a licensing board, after an inquiry or investigation that includes notification and an 
148.28 	opportunity for the audiologist or speech-language pathologist to respond, if required by 
148.29 	state law, has reason to believe is not groundless and, if proved true, would indicate more 
148.30 	than a minor infraction.
148.31 	(J) "Data system" means a repository of information about licensees, including but not 
148.32 	limited to continuing education, examination, licensure, investigation, compact privilege, 
148.33 	and adverse action.
149.1 	(K) "Encumbered license" means a license in which an adverse action restricts the 
149.2 	practice of audiology or speech-language pathology by the licensee and said adverse action 
149.3 	has been reported to the National Practitioners Data Bank (NPDB).
149.4 	(L) "Executive committee" means a group of directors elected or appointed to act on 
149.5 	behalf of, and within the powers granted to them by, the commission.
149.6 	(M) "Home state" means the member state that is the licensee's primary state of residence.
149.7 	(N) "Impaired practitioner" means individuals whose professional practice is adversely 
149.8 	affected by substance abuse, addiction, or other health-related conditions.
149.9 	(O) "Licensee" means an individual who currently holds an authorization from the state 
149.10 	licensing board to practice as an audiologist or speech-language pathologist.
149.11 	(P) "Member state" means a state that has enacted the compact.
149.12 	(Q) "Privilege to practice" means a legal authorization permitting the practice of audiology 
149.13 	or speech-language pathology in a remote state.
149.14 	(R) "Remote state" means a member state other than the home state where a licensee is 
149.15 	exercising or seeking to exercise the compact privilege.
149.16 	(S) "Rule" means a regulation, principle, or directive promulgated by the commission 
149.17 	that has the force of law.
149.18 	(T) "Single-state license" means an audiology or speech-language pathology license 
149.19 	issued by a member state that authorizes practice only within the issuing state and does not 
149.20 	include a privilege to practice in any other member state.
149.21 	(U) "Speech-language pathologist" means an individual who is licensed by a state to 
149.22 	practice speech-language pathology.
149.23 	(V) "Speech-language pathology" means the care and services provided by a licensed 
149.24 	speech-language pathologist as set forth in the member state's statutes and rules.
149.25 	(W) "State" means any state, commonwealth, district, or territory of the United States 
149.26 	of America that regulates the practice of audiology and speech-language pathology.
149.27 	(X) "State practice laws" means a member state's laws, rules, and regulations that govern 
149.28 	the practice of audiology or speech-language pathology, define the scope of audiology or 
149.29 	speech-language pathology practice, and create the methods and grounds for imposing 
149.30 	discipline.
150.1 	(Y) "Telehealth" means the application of telecommunication technology to deliver 
150.2 	audiology or speech-language pathology services at a distance for assessment, intervention, 
150.3 	or consultation.
150.4 	ARTICLE II
150.5 	STATE PARTICIPATION IN THE COMPACT
150.6 	(A) A license issued to an audiologist or speech-language pathologist by a home state 
150.7 	to a resident in that state shall be recognized by each member state as authorizing an 
150.8 	audiologist or speech-language pathologist to practice audiology or speech-language 
150.9 	pathology, under a privilege to practice, in each member state.
150.10 	(B) A state must implement or utilize procedures for considering the criminal history 
150.11 	records of applicants for initial privilege to practice. These procedures shall include the 
150.12 	submission of fingerprints or other biometric-based information by applicants for the purpose 
150.13 	of obtaining an applicant's criminal history record information from the Federal Bureau of 
150.14 	Investigation and the agency responsible for retaining that state's criminal records.
150.15 	(1) A member state must fully implement a criminal background check requirement, 
150.16 	within a time frame established by rule, by receiving the results of the Federal Bureau of 
150.17 	Investigation record search on criminal background checks and use the results in making 
150.18 	licensure decisions.
150.19 	(2) Communication between a member state and the commission and among member 
150.20 	states regarding the verification of eligibility for licensure through the compact shall not 
150.21 	include any information received from the Federal Bureau of Investigation relating to a 
150.22 	federal criminal records check performed by a member state under Public Law 92-544.
150.23 	(C) Upon application for a privilege to practice, the licensing board in the issuing remote 
150.24 	state shall ascertain, through the data system, whether the applicant has ever held, or is the 
150.25 	holder of, a license issued by any other state, whether there are any encumbrances on any 
150.26 	license or privilege to practice held by the applicant, and whether any adverse action has 
150.27 	been taken against any license or privilege to practice held by the applicant.
150.28 	(D) Each member state shall require an applicant to obtain or retain a license in the home 
150.29 	state and meet the home state's qualifications for licensure or renewal of licensure, as well 
150.30 	as all other applicable state laws.
150.31 	(E) An audiologist must:
150.32 	(1) meet one of the following educational requirements:
151.1 	(i) on or before December 31, 2007, have graduated with a master's degree or doctoral 
151.2 	degree in audiology, or equivalent degree regardless of degree name, from a program that 
151.3 	is accredited by an accrediting agency recognized by the Council for Higher Education 
151.4 	Accreditation, or its successor, or by the United States Department of Education and operated 
151.5 	by a college or university accredited by a regional or national accrediting organization 
151.6 	recognized by the board; or
151.7 	(ii) on or after January 1, 2008, have graduated with a doctoral degree in audiology, or 
151.8 	equivalent degree regardless of degree name, from a program that is accredited by an 
151.9 	accrediting agency recognized by the Council for Higher Education Accreditation, or its 
151.10 	successor, or by the United States Department of Education and operated by a college or 
151.11 	university accredited by a regional or national accrediting organization recognized by the 
151.12 	board; or
151.13 	(iii) have graduated from an audiology program that is housed in an institution of higher 
151.14 	education outside of the United States (a) for which the program and institution have been 
151.15 	approved by the authorized accrediting body in the applicable country and (b) the degree 
151.16 	program has been verified by an independent credentials review agency to be comparable 
151.17 	to a state licensing board-approved program;
151.18 	(2) have completed a supervised clinical practicum experience from an accredited 
151.19 	educational institution or its cooperating programs as required by the board;
151.20 	(3) have successfully passed a national examination approved by the commission;
151.21 	(4) hold an active, unencumbered license;
151.22 	(5) not have been convicted or found guilty, and not have entered into an agreed 
151.23 	disposition, of a felony related to the practice of audiology, under applicable state or federal 
151.24 	criminal law; and
151.25 	(6) have a valid United States Social Security or National Practitioner Identification 
151.26 	number.
151.27 	(F) A speech-language pathologist must:
151.28 	(1) meet one of the following educational requirements:
151.29 	(i) have graduated with a master's degree from a speech-language pathology program 
151.30 	that is accredited by an organization recognized by the United States Department of Education 
151.31 	and operated by a college or university accredited by a regional or national accrediting 
151.32 	organization recognized by the board; or
152.1 	(ii) have graduated from a speech-language pathology program that is housed in an 
152.2 	institution of higher education outside of the United States (a) for which the program and 
152.3 	institution have been approved by the authorized accrediting body in the applicable country 
152.4 	and (b) the degree program has been verified by an independent credentials review agency 
152.5 	to be comparable to a state licensing board-approved program;
152.6 	(2) have completed a supervised clinical practicum experience from an educational 
152.7 	institution or its cooperating programs as required by the commission;
152.8 	(3) have completed a supervised postgraduate professional experience as required by 
152.9 	the commission;
152.10 	(4) have successfully passed a national examination approved by the commission;
152.11 	(5) hold an active, unencumbered license;
152.12 	(6) not have been convicted or found guilty, and not have entered into an agreed 
152.13 	disposition, of a felony related to the practice of speech-language pathology, under applicable 
152.14 	state or federal criminal law; and
152.15 	(7) have a valid United States Social Security or National Practitioner Identification 
152.16 	number.
152.17 	(G) The privilege to practice is derived from the home state license.
152.18 	(H) An audiologist or speech-language pathologist practicing in a member state must 
152.19 	comply with the state practice laws of the state in which the client is located at the time 
152.20 	service is provided. The practice of audiology and speech-language pathology shall include 
152.21 	all audiology and speech-language pathology practice as defined by the state practice laws 
152.22 	of the member state in which the client is located. The practice of audiology and 
152.23 	speech-language pathology in a member state under a privilege to practice shall subject an 
152.24 	audiologist or speech-language pathologist to the jurisdiction of the licensing board, the 
152.25 	courts and the laws of the member state in which the client is located at the time service is 
152.26 	provided.
152.27 	(I) Individuals not residing in a member state shall continue to be able to apply for a 
152.28 	member state's single-state license as provided under the laws of each member state. 
152.29 	However, the single-state license granted to these individuals shall not be recognized as 
152.30 	granting the privilege to practice audiology or speech-language pathology in any other 
152.31 	member state. Nothing in this compact shall affect the requirements established by a member 
152.32 	state for the issuance of a single-state license.
152.33 	(J) Member states may charge a fee for granting a compact privilege.
153.1 	(K) Member states must comply with the bylaws and rules and regulations of the 
153.2 	commission.
153.3 	ARTICLE III
153.4 	COMPACT PRIVILEGE
153.5 	(A) To exercise the compact privilege under the terms and provisions of the compact, 
153.6 	the audiologist or speech-language pathologist shall:
153.7 	(1) hold an active license in the home state;
153.8 	(2) have no encumbrance on any state license;
153.9 	(3) be eligible for a compact privilege in any member state in accordance with Article 
153.10 	II;
153.11 	(4) have not had any adverse action against any license or compact privilege within the 
153.12 	previous two years from date of application;
153.13 	(5) notify the commission that the licensee is seeking the compact privilege within a 
153.14 	remote state or states;
153.15 	(6) pay any applicable fees, including any state fee, for the compact privilege; and
153.16 	(7) report to the commission adverse action taken by any nonmember state within 30 
153.17 	days from the date the adverse action is taken.
153.18 	(B) For the purposes of the compact privilege, an audiologist or speech-language 
153.19 	pathologist shall only hold one home state license at a time.
153.20 	(C) Except as provided in Article V, if an audiologist or speech-language pathologist 
153.21 	changes primary state of residence by moving between two member states, the audiologist 
153.22 	or speech-language pathologist must apply for licensure in the new home state, and the 
153.23 	license issued by the prior home state shall be deactivated in accordance with applicable 
153.24 	rules adopted by the commission.
153.25 	(D) The audiologist or speech-language pathologist may apply for licensure in advance 
153.26 	of a change in primary state of residence.
153.27 	(E) A license shall not be issued by the new home state until the audiologist or 
153.28 	speech-language pathologist provides satisfactory evidence of a change in primary state of 
153.29 	residence to the new home state and satisfies all applicable requirements to obtain a license 
153.30 	from the new home state.
154.1 	(F) If an audiologist or speech-language pathologist changes primary state of residence 
154.2 	by moving from a member state to a nonmember state, the license issued by the prior home 
154.3 	state shall convert to a single-state license, valid only in the former home state.
154.4 	(G) The compact privilege is valid until the expiration date of the home state license. 
154.5 	The licensee must comply with the requirements of Article III, (A), to maintain the compact 
154.6 	privilege in the remote state.
154.7 	(H) A licensee providing audiology or speech-language pathology services in a remote 
154.8 	state under the compact privilege shall function within the laws and regulations of the remote 
154.9 	state.
154.10 	(I) A licensee providing audiology or speech-language pathology services in a remote 
154.11 	state is subject to that state's regulatory authority. A remote state may, in accordance with 
154.12 	due process and that state's laws, remove a licensee's compact privilege in the remote state 
154.13 	for a specific period of time, impose fines, or take any other necessary actions to protect 
154.14 	the health and safety of its citizens.
154.15 	(J) If a home state license is encumbered, the licensee shall lose the compact privilege 
154.16 	in any remote state until the following occur:
154.17 	(1) the home state license is no longer encumbered; and
154.18 	(2) two years have elapsed from the date of the adverse action.
154.19 	(K) Once an encumbered license in the home state is restored to good standing, the 
154.20 	licensee must meet the requirements of Article III, (A), to obtain a compact privilege in any 
154.21 	remote state.
154.22 	(L) Once the requirements of Article III, (J), have been met, the licensee must meet the 
154.23 	requirements in Article III, (A), to obtain a compact privilege in a remote state.
154.24 	ARTICLE IV
154.25 	COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
154.26 	Member states shall recognize the right of an audiologist or speech-language pathologist, 
154.27 	licensed by a home state in accordance with Article II and under rules promulgated by the 
154.28 	commission, to practice audiology or speech-language pathology in a member state via 
154.29 	telehealth under a privilege to practice as provided in the compact and rules promulgated 
154.30 	by the commission.
154.31 	ARTICLE V
154.32 	ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
155.1 	Active duty military personnel, or their spouse, shall designate a home state where the 
155.2 	individual has a current license in good standing. The individual may retain the home state 
155.3 	designation during the period the service member is on active duty. Subsequent to designating 
155.4 	a home state, the individual shall only change their home state through application for 
155.5 	licensure in the new state.
155.6 	ARTICLE VI
155.7 	ADVERSE ACTIONS
155.8 	(A) In addition to the other powers conferred by state law, a remote state shall have the 
155.9 	authority, in accordance with existing state due process law, to:
155.10 	(1) take adverse action against an audiologist's or speech-language pathologist's privilege 
155.11 	to practice within that member state; and
155.12 	(2) issue subpoenas for both hearings and investigations that require the attendance and 
155.13 	testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing 
155.14 	board in a member state for the attendance and testimony of witnesses or the production of 
155.15 	evidence from another member state shall be enforced in the latter state by any court of 
155.16 	competent jurisdiction, according to the practice and procedure of that court applicable to 
155.17 	subpoenas issued in proceedings pending before it. The issuing authority shall pay any 
155.18 	witness fees, travel expenses, mileage and other fees required by the service statutes of the 
155.19 	state in which the witnesses or evidence are located.
155.20 	(B) Only the home state shall have the power to take adverse action against an 
155.21 	audiologist's or speech-language pathologist's license issued by the home state.
155.22 	(C) For purposes of taking adverse action, the home state shall give the same priority 
155.23 	and effect to reported conduct received from a member state as it would if the conduct had 
155.24 	occurred within the home state. In so doing, the home state shall apply its own state laws 
155.25 	to determine appropriate action.
155.26 	(D) The home state shall complete any pending investigations of an audiologist or 
155.27 	speech-language pathologist who changes primary state of residence during the course of 
155.28 	the investigations. The home state shall also have the authority to take appropriate action 
155.29 	and shall promptly report the conclusions of the investigations to the administrator of the 
155.30 	data system. The administrator of the data system shall promptly notify the new home state 
155.31 	of any adverse actions.
155.32 	(E) If otherwise permitted by state law, the member state may recover from the affected 
155.33 	audiologist or speech-language pathologist the costs of investigations and disposition of 
156.1 	cases resulting from any adverse action taken against that audiologist or speech-language 
156.2 	pathologist.
156.3 	(F) The member state may take adverse action based on the factual findings of the remote 
156.4 	state, provided that the member state follows the member state's own procedures for taking 
156.5 	the adverse action.
156.6 	(G) Joint Investigations:
156.7 	(1) In addition to the authority granted to a member state by its respective audiology or 
156.8 	speech-language pathology practice act or other applicable state law, any member state may 
156.9 	participate with other member states in joint investigations of licensees.
156.10 	(2) Member states shall share any investigative, litigation, or compliance materials in 
156.11 	furtherance of any joint or individual investigation initiated under the Compact.
156.12 	(H) If adverse action is taken by the home state against an audiologist's or 
156.13 	speech-language pathologist's license, the audiologist's or speech-language pathologist's 
156.14 	privilege to practice in all other member states shall be deactivated until all encumbrances 
156.15 	have been removed from the state license. All home state disciplinary orders that impose 
156.16 	adverse action against an audiologist's or speech-language pathologist's license shall include 
156.17 	a statement that the audiologist's or speech-language pathologist's privilege to practice is 
156.18 	deactivated in all member states during the pendency of the order.
156.19 	(I) If a member state takes adverse action, it shall promptly notify the administrator of 
156.20 	the data system. The administrator of the data system shall promptly notify the home state 
156.21 	of any adverse actions by remote states.
156.22 	(J) Nothing in this compact shall override a member state's decision that participation 
156.23 	in an alternative program may be used in lieu of adverse action.
156.24 	ARTICLE VII
156.25 	ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY 
156.26 	COMPACT COMMISSION
156.27 	(A) The compact member states hereby create and establish a joint public agency known 
156.28 	as the Audiology and Speech-Language Pathology Compact Commission:
156.29 	(1) The commission is an instrumentality of the compact states.
156.30 	(2) Except as provided under paragraph (H), venue is proper and judicial proceedings 
156.31 	by or against the commission shall be brought solely and exclusively in a court of competent 
156.32 	jurisdiction where the principal office of the commission is located. The commission may 
157.1 	waive venue and jurisdictional defenses to the extent it adopts or consents to participate in 
157.2 	alternative dispute resolution proceedings.
157.3 	(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
157.4 	(B) Membership, Voting, and Meetings:
157.5 	(1) Each member state shall have two delegates selected by that member state's licensing 
157.6 	board. The delegates shall be current members of the licensing board. One shall be an 
157.7 	audiologist and one shall be a speech-language pathologist.
157.8 	(2) An additional five delegates, who are either a public member or board administrator 
157.9 	from a state licensing board, shall be chosen by the executive committee from a pool of 
157.10 	nominees provided by the commission at large.
157.11 	(3) Any delegate may be removed or suspended from office as provided by the law of 
157.12 	the state from which the delegate is appointed.
157.13 	(4) The member state board shall fill any vacancy occurring on the commission, within 
157.14 	90 days.
157.15 	(5) Each delegate shall be entitled to one vote with regard to the promulgation of rules 
157.16 	and creation of bylaws and shall otherwise have an opportunity to participate in the business 
157.17 	and affairs of the commission.
157.18 	(6) A delegate shall vote in person or by other means as provided in the bylaws. The 
157.19 	bylaws may provide for delegates' participation in meetings by telephone or other means 
157.20 	of communication.
157.21 	(7) The commission shall meet at least once during each calendar year. Additional 
157.22 	meetings shall be held as set forth in the bylaws.
157.23 	(C) The commission shall have the following powers and duties:
157.24 	(1) establish the fiscal year of the commission;
157.25 	(2) establish bylaws;
157.26 	(3) establish a code of ethics;
157.27 	(4) maintain its financial records in accordance with the bylaws;
157.28 	(5) meet and take actions as are consistent with the provisions of this compact and the 
157.29 	bylaws;
158.1 	(6) promulgate uniform rules to facilitate and coordinate implementation and 
158.2 	administration of this compact. The rules shall have the force and effect of law and shall 
158.3 	be binding in all member states;
158.4 	(7) bring and prosecute legal proceedings or actions in the name of the commission, 
158.5 	provided that the standing of any state audiology or speech-language pathology licensing 
158.6 	board to sue or be sued under applicable law shall not be affected;
158.7 	(8) purchase and maintain insurance and bonds;
158.8 	(9) borrow, accept, or contract for services of personnel, including but not limited to 
158.9 	employees of a member state;
158.10 	(10) hire employees, elect or appoint officers, fix compensation, define duties, grant 
158.11 	individuals appropriate authority to carry out the purposes of the compact, and establish the 
158.12 	commission's personnel policies and programs relating to conflicts of interest, qualifications 
158.13 	of personnel, and other related personnel matters;
158.14 	(11) accept any and all appropriate donations and grants of money, equipment, supplies, 
158.15 	materials, and services and to receive, utilize, and dispose of the same; provided that at all 
158.16 	times the commission shall avoid any appearance of impropriety or conflict of interest;
158.17 	(12) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, 
158.18 	improve, or use any property real, personal, or mixed; provided that at all times the 
158.19 	commission shall avoid any appearance of impropriety;
158.20 	(13) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of 
158.21 	any property real, personal, or mixed;
158.22 	(14) establish a budget and make expenditures;
158.23 	(15) borrow money;
158.24 	(16) appoint committees, including standing committees composed of members and 
158.25 	other interested persons as may be designated in this compact and the bylaws;
158.26 	(17) provide and receive information from, and cooperate with, law enforcement agencies;
158.27 	(18) establish and elect an executive committee; and
158.28 	(19) perform other functions as may be necessary or appropriate to achieve the purposes 
158.29 	of this compact consistent with the state regulation of audiology and speech-language 
158.30 	pathology licensure and practice.
158.31 	(D) The Executive Committee:
159.1 	The executive committee shall have the power to act on behalf of the commission 
159.2 	according to the terms of this compact. The executive committee shall be composed of ten 
159.3 	members:
159.4 	(1) seven voting members who are elected by the commission from the current 
159.5 	membership of the commission;
159.6 	(2) two ex officios, consisting of one nonvoting member from a recognized national 
159.7 	audiology professional association and one nonvoting member from a recognized national 
159.8 	speech-language pathology association; and
159.9 	(3) one ex officio, nonvoting member from the recognized membership organization of 
159.10 	the audiology and speech-language pathology licensing boards.
159.11 	(E) The ex officio members shall be selected by their respective organizations.
159.12 	(1) The commission may remove any member of the executive committee as provided 
159.13 	in bylaws.
159.14 	(2) The executive committee shall meet at least annually.
159.15 	(3) The executive committee shall have the following duties and responsibilities:
159.16 	(i) recommend to the entire commission changes to the rules or bylaws, changes to this 
159.17 	compact legislation, fees paid by compact member states such as annual dues, and any 
159.18 	commission compact fee charged to licensees for the compact privilege;
159.19 	(ii) ensure compact administration services are appropriately provided, contractual or 
159.20 	otherwise;
159.21 	(iii) prepare and recommend the budget;
159.22 	(iv) maintain financial records on behalf of the commission;
159.23 	(v) monitor compact compliance of member states and provide compliance reports to 
159.24 	the commission;
159.25 	(vi) establish additional committees as necessary; and
159.26 	(vii) other duties as provided in rules or bylaws.
159.27 	(4) All meetings of the commission shall be open to the public and public notice of 
159.28 	meetings shall be given in the same manner as required under the rulemaking provisions in 
159.29 	Article IX.
160.1 	(5) The commission or the executive committee or other committees of the commission 
160.2 	may convene in a closed, nonpublic meeting if the commission or executive committee or 
160.3 	other committees of the commission must discuss:
160.4 	(i) noncompliance of a member state with its obligations under the compact;
160.5 	(ii) the employment, compensation, discipline, or other matters, practices, or procedures 
160.6 	related to specific employees or other matters related to the commission's internal personnel 
160.7 	practices and procedures;
160.8 	(iii) current, threatened, or reasonably anticipated litigation;
160.9 	(iv) negotiation of contracts for the purchase, lease, or sale of goods, services, or real 
160.10 	estate;
160.11 	(v) accusing any person of a crime or formally censuring any person;
160.12 	(vi) disclosure of trade secrets or commercial or financial information that is privileged 
160.13 	or confidential;
160.14 	(vii) disclosure of information of a personal nature where disclosure would constitute a 
160.15 	clearly unwarranted invasion of personal privacy;
160.16 	(viii) disclosure of investigative records compiled for law enforcement purposes;
160.17 	(ix) disclosure of information related to any investigative reports prepared by or on 
160.18 	behalf of or for use of the commission or other committee charged with responsibility of 
160.19 	investigation or determination of compliance issues pursuant to the compact; or
160.20 	(x) matters specifically exempted from disclosure by federal or member state statute.
160.21 	(6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the 
160.22 	commission's legal counsel or designee shall certify that the meeting may be closed and 
160.23 	shall reference each relevant exempting provision.
160.24 	(7) The commission shall keep minutes that fully and clearly describe all matters 
160.25 	discussed in a meeting and shall provide a full and accurate summary of actions taken, and 
160.26 	the reasons therefore, including a description of the views expressed. All documents 
160.27 	considered in connection with an action shall be identified in minutes. All minutes and 
160.28 	documents of a closed meeting shall remain under seal, subject to release by a majority vote 
160.29 	of the commission or order of a court of competent jurisdiction.
160.30 	(8) Financing of the Commission:
161.1 	(i) The commission shall pay, or provide for the payment of, the reasonable expenses 
161.2 	of its establishment, organization, and ongoing activities.
161.3 	(ii) The commission may accept any and all appropriate revenue sources, donations, and 
161.4 	grants of money, equipment, supplies, materials, and services.
161.5 	(iii) The commission may levy on and collect an annual assessment from each member 
161.6 	state or impose fees on other parties to cover the cost of the operations and activities of the 
161.7 	commission and its staff, which must be in a total amount sufficient to cover its annual 
161.8 	budget as approved each year for which revenue is not provided by other sources. The 
161.9 	aggregate annual assessment amount shall be allocated based upon a formula to be determined 
161.10 	by the commission, which shall promulgate a rule binding upon all member states.
161.11 	(9) The commission shall not incur obligations of any kind prior to securing the funds 
161.12 	adequate to meet the same; nor shall the commission pledge the credit of any of the member 
161.13 	states, except by and with the authority of the member state.
161.14 	(10) The commission shall keep accurate accounts of all receipts and disbursements. 
161.15 	The receipts and disbursements of the commission shall be subject to the audit and accounting 
161.16 	procedures established under its bylaws. However, all receipts and disbursements of funds 
161.17 	handled by the commission shall be audited yearly by a certified or licensed public 
161.18 	accountant, and the report of the audit shall be included in and become part of the annual 
161.19 	report of the commission.
161.20 	(F) Qualified Immunity, Defense, and Indemnification:
161.21 	(1) The members, officers, executive director, employees, and representatives of the 
161.22 	commission shall be immune from suit and liability, either personally or in their official 
161.23 	capacity, for any claim for damage to or loss of property or personal injury or other civil 
161.24 	liability caused by or arising out of any actual or alleged act, error, or omission that occurred, 
161.25 	or that the person against whom the claim is made had a reasonable basis for believing 
161.26 	occurred, within the scope of commission employment, duties, or responsibilities; provided 
161.27 	that nothing in this paragraph shall be construed to protect any person from suit or liability 
161.28 	for any damage, loss, injury, or liability caused by the intentional or willful or wanton 
161.29 	misconduct of that person.
161.30 	(2) The commission shall defend any member, officer, executive director, employee, or 
161.31 	representative of the commission in any civil action seeking to impose liability arising out 
161.32 	of any actual or alleged act, error, or omission that occurred within the scope of commission 
161.33 	employment, duties, or responsibilities, or that the person against whom the claim is made 
161.34 	had a reasonable basis for believing occurred within the scope of commission employment, 
162.1 	duties, or responsibilities; provided that nothing herein shall be construed to prohibit that 
162.2 	person from retaining his or her own counsel; and provided further that the actual or alleged 
162.3 	act, error, or omission did not result from that person's intentional or willful or wanton 
162.4 	misconduct.
162.5 	(3) The commission shall indemnify and hold harmless any member, officer, executive 
162.6 	director, employee, or representative of the commission for the amount of any settlement 
162.7 	or judgment obtained against that person arising out of any actual or alleged act, error, or 
162.8 	omission that occurred within the scope of commission employment, duties, or 
162.9 	responsibilities, or that person had a reasonable basis for believing occurred within the scope 
162.10 	of commission employment, duties, or responsibilities; provided that the actual or alleged 
162.11 	act, error, or omission did not result from the intentional or willful or wanton misconduct 
162.12 	of that person.
162.13 	(G) Notwithstanding paragraph (F), clause (1), the liability of the executive director, 
162.14 	employees, or representatives of the interstate commission, acting within the scope of their 
162.15 	employment or duties, may not exceed the limits of liability set forth under the constitution 
162.16 	and laws of this state for state officials, employees, and agents. This paragraph expressly 
162.17 	incorporates  section 3.736, and neither expands nor limits the rights and remedies provided 
162.18 	under that statute.
162.19 	(H) Except for a claim alleging a violation of this compact, a claim against the 
162.20 	commission, its executive director, employees, or representatives alleging a violation of the 
162.21 	constitution and laws of this state may be brought in any county where the plaintiff resides. 
162.22 	Nothing in this paragraph creates a private right of action.
162.23 	(I) Nothing in this compact shall be construed as a limitation on the liability of any 
162.24 	licensee for professional malpractice or misconduct, which shall be governed solely by any 
162.25 	other applicable state laws.
162.26 	ARTICLE VIII
162.27 	DATA SYSTEM
162.28 	(A) The commission shall provide for the development, maintenance, and utilization of 
162.29 	a coordinated database and reporting system containing licensure, adverse action, and 
162.30 	investigative information on all licensed individuals in member states.
162.31 	(B) Notwithstanding any other provision of state law to the contrary, a member state 
162.32 	shall submit a uniform data set to the data system on all individuals to whom this compact 
162.33 	is applicable as required by the rules of the commission, including:
163.1 	(1) identifying information;
163.2 	(2) licensure data;
163.3 	(3) adverse actions against a license or compact privilege;
163.4 	(4) nonconfidential information related to alternative program participation;
163.5 	(5) any denial of application for licensure, and the reason or reasons for denial; and
163.6 	(6) other information that may facilitate the administration of this compact, as determined 
163.7 	by the rules of the commission.
163.8 	(C) Investigative information pertaining to a licensee in any member state shall only be 
163.9 	available to other member states.
163.10 	(D) The commission shall promptly notify all member states of any adverse action taken 
163.11 	against a licensee or an individual applying for a license. Adverse action information 
163.12 	pertaining to a licensee in any member state shall be available to any other member state.
163.13 	(E) Member states contributing information to the data system may designate information 
163.14 	that may not be shared with the public without the express permission of the contributing 
163.15 	state.
163.16 	(F) Any information submitted to the data system that is subsequently required to be 
163.17 	expunged by the laws of the member state contributing the information shall be removed 
163.18 	from the data system.
163.19 	ARTICLE IX
163.20 	RULEMAKING
163.21 	(A) The commission shall exercise its rulemaking powers pursuant to the criteria set 
163.22 	forth in this article and the rules adopted thereunder. Rules and amendments shall become 
163.23 	binding as of the date specified in each rule or amendment.
163.24 	(B) If a majority of the legislatures of the member states rejects a rule, by enactment of 
163.25 	a statute or resolution in the same manner used to adopt the compact within four years of 
163.26 	the date of adoption of the rule, the rule shall have no further force and effect in any member 
163.27 	state.
163.28 	(C) Rules or amendments to the rules shall be adopted at a regular or special meeting 
163.29 	of the commission.
164.1 	(D) Prior to promulgation and adoption of a final rule or rules by the commission, and 
164.2 	at least 30 days in advance of the meeting at which the rule shall be considered and voted 
164.3 	upon, the commission shall file a notice of proposed rulemaking:
164.4 	(1) on the website of the commission or other publicly accessible platform; and
164.5 	(2) on the website of each member state audiology or speech-language pathology licensing 
164.6 	board or other publicly accessible platform or the publication in which each state would 
164.7 	otherwise publish proposed rules.
164.8 	(E) The notice of proposed rulemaking shall include:
164.9 	(1) the proposed time, date, and location of the meeting in which the rule shall be 
164.10 	considered and voted upon;
164.11 	(2) the text of the proposed rule or amendment and the reason for the proposed rule;
164.12 	(3) a request for comments on the proposed rule from any interested person; and
164.13 	(4) the manner in which interested persons may submit notice to the commission of their 
164.14 	intention to attend the public hearing and any written comments.
164.15 	(F) Prior to the adoption of a proposed rule, the commission shall allow persons to submit 
164.16 	written data, facts, opinions, and arguments, which shall be made available to the public.
164.17 	(G) The commission shall grant an opportunity for a public hearing before it adopts a 
164.18 	rule or amendment if a hearing is requested by:
164.19 	(1) at least 25 persons;
164.20 	(2) a state or federal governmental subdivision or agency; or
164.21 	(3) an association having at least 25 members.
164.22 	(H) If a hearing is held on the proposed rule or amendment, the commission shall publish 
164.23 	the place, time, and date of the scheduled public hearing. If the hearing is held via electronic 
164.24 	means, the commission shall publish the mechanism for access to the electronic hearing.
164.25 	(1) All persons wishing to be heard at the hearing shall notify the executive director of 
164.26 	the commission or other designated member in writing of their desire to appear and testify 
164.27 	at the hearing not less than five business days before the scheduled date of the hearing.
164.28 	(2) Hearings shall be conducted in a manner providing each person who wishes to 
164.29 	comment a fair and reasonable opportunity to comment orally or in writing.
164.30 	(3) All hearings shall be recorded. A copy of the recording shall be made available on 
164.31 	request.
165.1 	(4) Nothing in this Article shall be construed as requiring a separate hearing on each 
165.2 	rule. Rules may be grouped for the convenience of the commission at hearings required by 
165.3 	this Article.
165.4 	(I) Following the scheduled hearing date, or by the close of business on the scheduled 
165.5 	hearing date if the hearing was not held, the commission shall consider all written and oral 
165.6 	comments received.
165.7 	(J) If no written notice of intent to attend the public hearing by interested parties is 
165.8 	received, the commission may proceed with promulgation of the proposed rule without a 
165.9 	public hearing.
165.10 	(K) The commission shall, by majority vote of all members, take final action on the 
165.11 	proposed rule and shall determine the effective date of the rule, if any, based on the 
165.12 	rulemaking record and the full text of the rule.
165.13 	(L) Upon determination that an emergency exists, the commission may consider and 
165.14 	adopt an emergency rule without prior notice, opportunity for comment, or hearing; provided 
165.15 	that the usual rulemaking procedures provided in the compact and in this Article shall be 
165.16 	retroactively applied to the rule as soon as reasonably possible, in no event later than 90 
165.17 	days after the effective date of the rule. For the purposes of this provision, an emergency 
165.18 	rule is one that must be adopted immediately in order to:
165.19 	(1) meet an imminent threat to public health, safety, or welfare;
165.20 	(2) prevent a loss of commission or member state funds; or
165.21 	(3) meet a deadline for the promulgation of an administrative rule that is established by 
165.22 	federal law or rule.
165.23 	(M) The commission or an authorized committee of the commission may direct revisions 
165.24 	to a previously adopted rule or amendment for purposes of correcting typographical errors, 
165.25 	errors in format, errors in consistency, or grammatical errors. Public notice of any revisions 
165.26 	shall be posted on the website of the commission. The revision shall be subject to challenge 
165.27 	by any person for a period of 30 days after posting. The revision may be challenged only 
165.28 	on grounds that the revision results in a material change to a rule. A challenge shall be made 
165.29 	in writing and delivered to the chair of the commission prior to the end of the notice period. 
165.30 	If no challenge is made, the revision shall take effect without further action. If the revision 
165.31 	is challenged, the revision may not take effect without the approval of the commission.
165.32 	ARTICLE X
165.33 	OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
166.1 	(A) Dispute Resolution:
166.2 	(1) Upon request by a member state, the commission shall attempt to resolve disputes 
166.3 	related to the compact that arise among member states and between member and nonmember 
166.4 	states.
166.5 	(2) The commission shall promulgate a rule providing for both mediation and binding 
166.6 	dispute resolution for such disputes as appropriate.
166.7 	(B) Enforcement:
166.8 	(1) The commission, in the reasonable exercise of its discretion, shall enforce the 
166.9 	provisions and rules of this compact.
166.10 	(2) By majority vote, the commission may initiate legal action in the United States 
166.11 	District Court for the District of Columbia or the federal district where the commission has 
166.12 	its principal offices against a member state in default to enforce compliance with the 
166.13 	provisions of the compact and its promulgated rules and bylaws. The relief sought may 
166.14 	include both injunctive relief and damages. In the event judicial enforcement is necessary, 
166.15 	the prevailing member shall be awarded all costs of litigation, including reasonable attorney's 
166.16 	fees.
166.17 	(3) The remedies herein shall not be the exclusive remedies of the commission. The 
166.18 	commission may pursue any other remedies available under federal or state law.
166.19 	ARTICLE XI
166.20 	DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR 
166.21 	AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE AND 
166.22 	ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
166.23 	(A) The compact shall come into effect on the date on which the compact statute is 
166.24 	enacted into law in the tenth member state. The provisions, which become effective at that 
166.25 	time, shall be limited to the powers granted to the commission relating to assembly and the 
166.26 	promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking 
166.27 	powers necessary to the implementation and administration of the compact.
166.28 	(B) Any state that joins the compact subsequent to the commission's initial adoption of 
166.29 	the rules shall be subject to the rules as they exist on the date on which the compact becomes 
166.30 	law in that state. Any rule that has been previously adopted by the commission shall have 
166.31 	the full force and effect of law on the day the compact becomes law in that state.
167.1 	(C) Any member state may withdraw from this compact by enacting a statute repealing 
167.2 	the same.
167.3 	(1) A member state's withdrawal shall not take effect until six months after enactment 
167.4 	of the repealing statute.
167.5 	(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's 
167.6 	audiology or speech-language pathology licensing board to comply with the investigative 
167.7 	and adverse action reporting requirements of this compact prior to the effective date of 
167.8 	withdrawal.
167.9 	(D) Nothing contained in this compact shall be construed to invalidate or prevent any 
167.10 	audiology or speech-language pathology licensure agreement or other cooperative 
167.11 	arrangement between a member state and a nonmember state that does not conflict with the 
167.12 	provisions of this compact.
167.13 	(E) This compact may be amended by the member states. No amendment to this compact 
167.14 	shall become effective and binding upon any member state until it is enacted into the laws 
167.15 	of all member states.
167.16 	ARTICLE XII
167.17 	CONSTRUCTION AND SEVERABILITY
167.18 	This compact shall be liberally construed so as to effectuate the purposes thereof. The 
167.19 	provisions of this compact shall be severable and if any phrase, clause, sentence, or provision 
167.20 	of this compact is declared to be contrary to the constitution of any member state or of the 
167.21 	United States or the applicability thereof to any government, agency, person, or circumstance 
167.22 	is held invalid, the validity of the remainder of this compact and the applicability thereof 
167.23 	to any government, agency, person, or circumstance shall not be affected thereby. If this 
167.24 	compact shall be held contrary to the constitution of any member state, the compact shall 
167.25 	remain in full force and effect as to the remaining member states and in full force and effect 
167.26 	as to the member state affected as to all severable matters.
167.27 	ARTICLE XIII
167.28 	BINDING EFFECT OF COMPACT AND OTHER LAWS
167.29 	(A) Nothing herein prevents the enforcement of any other law of a member state that is 
167.30 	not inconsistent with the compact.
167.31 	(B) All laws in a member state in conflict with the compact are superseded to the extent 
167.32 	of the conflict.
168.1 	(C) All lawful actions of the commission, including all rules and bylaws promulgated 
168.2 	by the commission, are binding upon the member states.
168.3 	(D) All agreements between the commission and the member states are binding in 
168.4 	accordance with their terms.
168.5 	(E) In the event any provision of the compact exceeds the constitutional limits imposed 
168.6 	on the legislature of any member state, the provision shall be ineffective to the extent of the 
168.7 	conflict with the constitutional provision in question in that member state.

168.8 	Sec. 2. [148.5186] APPLICATION OF AUDIOLOGY AND SPEECH-LANGUAGE 
168.9 	PATHOLOGY INTERSTATE COMPACT TO EXISTING LAWS.
168.10 		Subdivision 1.Rulemaking. Rules developed by the Audiology and Speech-Language 
168.11 	Pathology Compact Commission under section 148.5185 are not subject to sections 14.05 
168.12 	to 14.389.
168.13 		Subd. 2.Background studies. The commissioner of health is authorized to require an 
168.14 	audiologist or speech-language pathologist licensed in Minnesota as the home state to submit 
168.15 	to a criminal history background check under section 144.0572.

168.16 	ARTICLE 14
168.17 	DENTIST AND DENTAL HYGIENIST COMPACT

168.18 	Section 1. [150A.051] DENTIST AND DENTAL HYGIENIST COMPACT.
168.19 	The dentist and dental hygienist compact is enacted into law and entered into with all 
168.20 	other jurisdictions legally joining in the compact in the form substantially specified in this 
168.21 	section.
168.22 	ARTICLE I
168.23 	TITLE
168.24 	This statute shall be known and cited as the dentist and dental hygienist compact.
168.25 	ARTICLE II
168.26 	DEFINITIONS
168.27 	As used in this compact, unless the context requires otherwise, the following definitions 
168.28 	shall apply:
168.29 	(A) "Active military member" means any person with full-time duty status in the armed 
168.30 	forces of the United States including members of the National Guard and Reserve.
169.1 	(B) "Adverse action" means disciplinary action or encumbrance imposed on a license 
169.2 	or compact privilege by a state licensing authority.
169.3 	(C) "Alternative program" means a nondisciplinary monitoring or practice remediation 
169.4 	process applicable to a dentist or dental hygienist approved by a state licensing authority 
169.5 	of a participating state in which the dentist or dental hygienist is licensed. This includes but 
169.6 	is not limited to programs to which licensees with substance abuse or addiction issues are 
169.7 	referred in lieu of adverse action.
169.8 	(D) "Clinical assessment" means examination or process, required for licensure as a 
169.9 	dentist or dental hygienist as applicable, that provides evidence of clinical competence in 
169.10 	dentistry or dental hygiene.
169.11 	(E) "Commissioner" means the individual appointed by a participating state to serve as 
169.12 	the member of the commission for that participating state.
169.13 	(F) "Compact" means this dentist and dental hygienist compact.
169.14 	(G) "Compact privilege" means the authorization granted by a remote state to allow a 
169.15 	licensee from a participating state to practice as a dentist or dental hygienist in a remote 
169.16 	state.
169.17 	(H) "Continuing professional development" means a requirement as a condition of license 
169.18 	renewal to provide evidence of successful participation in educational or professional 
169.19 	activities relevant to practice or area of work.
169.20 	(I) "Criminal background check" means the submission of fingerprints or other 
169.21 	biometric-based information for a license applicant for the purpose of obtaining that 
169.22 	applicant's criminal history record information, as defined in Code of Federal Regulations, 
169.23 	title 28, section 20.3(d), from the Federal Bureau of Investigation and the state's criminal 
169.24 	history record repository as defined in Code of Federal Regulations, title 28, section 20.3(f).
169.25 	(J) "Data system" means the commission's repository of information about licensees, 
169.26 	including but not limited to examination, licensure, investigative, compact privilege, adverse 
169.27 	action, and alternative program.
169.28 	(K) "Dental hygienist" means an individual who is licensed by a state licensing authority 
169.29 	to practice dental hygiene.
169.30 	(L) "Dentist" means an individual who is licensed by a state licensing authority to practice 
169.31 	dentistry.
170.1 	(M) "Dentist and dental hygienist compact commission" or "commission" means a joint 
170.2 	government agency established by this compact comprised of each state that has enacted 
170.3 	the compact and a national administrative body comprised of a commissioner from each 
170.4 	state that has enacted the compact.
170.5 	(N) "Encumbered license" means a license that a state licensing authority has limited in 
170.6 	any way other than through an alternative program.
170.7 	(O) "Executive board" means the chair, vice chair, secretary, and treasurer and any other 
170.8 	commissioners as may be determined by commission rule or bylaw.
170.9 	(P) "Jurisprudence requirement" means the assessment of an individual's knowledge of 
170.10 	the laws and rules governing the practice of dentistry or dental hygiene, as applicable, in a 
170.11 	state.
170.12 	(Q) "License" means current authorization by a state, other than authorization pursuant 
170.13 	to a compact privilege, or other privilege, for an individual to practice as a dentist or dental 
170.14 	hygienist in that state.
170.15 	(R) "Licensee" means an individual who holds an unrestricted license from a participating 
170.16 	state to practice as a dentist or dental hygienist in that state.
170.17 	(S) "Model compact" means the model for the dentist and dental hygienist compact on 
170.18 	file with the council of state governments or other entity as designated by the commission.
170.19 	(T) "Participating state" means a state that has enacted the compact and been admitted 
170.20 	to the commission in accordance with the provisions herein and commission rules.
170.21 	(U) "Qualifying license" means a license that is not an encumbered license issued by a 
170.22 	participating state to practice dentistry or dental hygiene.
170.23 	(V) "Remote state" means a participating state where a licensee who is not licensed as 
170.24 	a dentist or dental hygienist is exercising or seeking to exercise the compact privilege.
170.25 	(W) "Rule" means a regulation promulgated by an entity that has the force of law.
170.26 	(X) "Scope of practice" means the procedures, actions, and processes a dentist or dental 
170.27 	hygienist licensed in a state is permitted to undertake in that state and the circumstances 
170.28 	under which the licensee is permitted to undertake those procedures, actions, and processes. 
170.29 	Such procedures, actions, and processes and the circumstances under which they may be 
170.30 	undertaken may be established through means, including but not limited to statute, 
170.31 	regulations, case law, and other processes available to the state licensing authority or other 
170.32 	government agency.
171.1 	(Y) "Significant investigative information" means information, records, and documents 
171.2 	received or generated by a state licensing authority pursuant to an investigation for which 
171.3 	a determination has been made that there is probable cause to believe that the licensee has 
171.4 	violated a statute or regulation that is considered more than a minor infraction for which 
171.5 	the state licensing authority could pursue adverse action against the licensee.
171.6 	(Z) "State" means any state, commonwealth, district, or territory of the United States of 
171.7 	America that regulates the practices of dentistry and dental hygiene.
171.8 	(AA) "State licensing authority" means an agency or other entity of a state that is 
171.9 	responsible for the licensing and regulation of dentists or dental hygienists.
171.10 	ARTICLE III
171.11 	STATE PARTICIPATION IN THE COMPACT
171.12 	(A) In order to join the compact and thereafter continue as a participating state, a state 
171.13 	must:
171.14 	(1) enact a compact that is not materially different from the model compact as determined 
171.15 	in accordance with commission rules;
171.16 	(2) participate fully in the commission's data system;
171.17 	(3) have a mechanism in place for receiving and investigating complaints about its 
171.18 	licensees and license applicants;
171.19 	(4) notify the commission, in compliance with the terms of the compact and commission 
171.20 	rules, of any adverse action or the availability of significant investigative information 
171.21 	regarding a licensee and license applicant;
171.22 	(5) fully implement a criminal background check requirement, within a time frame 
171.23 	established by commission rule, by receiving the results of a qualifying criminal background 
171.24 	check;
171.25 	(6) comply with the commission rules applicable to a participating state;
171.26 	(7) accept the national board examinations of the joint commission on national dental 
171.27 	examinations or another examination accepted by commission rule as a licensure 
171.28 	examination;
171.29 	(8) accept for licensure that applicants for a dentist license graduate from a predoctoral 
171.30 	dental education program accredited by the Commission on Dental Accreditation, or another 
171.31 	accrediting agency recognized by the United States Department of Education for the 
172.1 	accreditation of dentistry and dental hygiene education programs, leading to the Doctor of 
172.2 	Dental Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree;
172.3 	(9) accept for licensure that applicants for a dental hygienist license graduate from a 
172.4 	dental hygiene education program accredited by the Commission on Dental Accreditation 
172.5 	or another accrediting agency recognized by the United States Department of Education for 
172.6 	the accreditation of dentistry and dental hygiene education programs;
172.7 	(10) require for licensure that applicants successfully complete a clinical assessment;
172.8 	(11) have continuing professional development requirements as a condition for license 
172.9 	renewal; and
172.10 	(12) pay a participation fee to the commission as established by commission rule.
172.11 	(B) Providing alternative pathways for an individual to obtain an unrestricted license 
172.12 	does not disqualify a state from participating in the compact.
172.13 	(C) When conducting a criminal background check, the state licensing authority shall:
172.14 	(1) consider that information in making a licensure decision;
172.15 	(2) maintain documentation of completion of the criminal background check and 
172.16 	background check information to the extent allowed by state and federal law; and
172.17 	(3) report to the commission whether it has completed the criminal background check 
172.18 	and whether the individual was granted or denied a license.
172.19 	(D) A licensee of a participating state who has a qualifying license in that state and does 
172.20 	not hold an encumbered license in any other participating state, shall be issued a compact 
172.21 	privilege in a remote state in accordance with the terms of the compact and commission 
172.22 	rules. If a remote state has a jurisprudence requirement a compact privilege will not be 
172.23 	issued to the licensee unless the licensee has satisfied the jurisprudence requirement.
172.24 	ARTICLE IV
172.25 	COMPACT PRIVILEGE
172.26 	(A) To obtain and exercise the compact privilege under the terms and provisions of the 
172.27 	compact, the licensee shall:
172.28 	(1) have a qualifying license as a dentist or dental hygienist in a participating state;
172.29 	(2) be eligible for a compact privilege in any remote state in accordance with (D), (G), 
172.30 	and (H) of this article;
172.31 	(3) submit to an application process whenever the licensee is seeking a compact privilege;
173.1 	(4) pay any applicable commission and remote state fees for a compact privilege in the 
173.2 	remote state;
173.3 	(5) meet any jurisprudence requirement established by a remote state in which the licensee 
173.4 	is seeking a compact privilege;
173.5 	(6) have passed a National Board Examination of the Joint Commission on National 
173.6 	Dental Examinations or another examination accepted by commission rule;
173.7 	(7) for a dentist, have graduated from a predoctoral dental education program accredited 
173.8 	by the Commission on Dental Accreditation, or another accrediting agency recognized by 
173.9 	the United States Department of Education for the accreditation of dentistry and dental 
173.10 	hygiene education programs, leading to the Doctor of Dental Surgery (D.D.S.) or Doctor 
173.11 	of Dental Medicine (D.M.D.) degree;
173.12 	(8) for a dental hygienist, have graduated from a dental hygiene education program 
173.13 	accredited by the Commission on Dental Accreditation or another accrediting agency 
173.14 	recognized by the United States Department of Education for the accreditation of dentistry 
173.15 	and dental hygiene education programs;
173.16 	(9) have successfully completed a clinical assessment for licensure;
173.17 	(10) report to the commission adverse action taken by any nonparticipating state when 
173.18 	applying for a compact privilege and, otherwise, within 30 days from the date the adverse 
173.19 	action is taken;
173.20 	(11) report to the commission when applying for a compact privilege the address of the 
173.21 	licensee's primary residence and thereafter immediately report to the commission any change 
173.22 	in the address of the licensee's primary residence; and
173.23 	(12) consent to accept service of process by mail at the licensee's primary residence on 
173.24 	record with the commission with respect to any action brought against the licensee by the 
173.25 	commission or a participating state, and consent to accept service of a subpoena by mail at 
173.26 	the licensee's primary residence on record with the commission with respect to any action 
173.27 	brought or investigation conducted by the commission or a participating state.
173.28 	(B) The licensee must comply with the requirements of (A) of this article to maintain 
173.29 	the compact privilege in the remote state. If those requirements are met, the compact privilege 
173.30 	will continue as long as the licensee maintains a qualifying license in the state through which 
173.31 	the licensee applied for the compact privilege and pays any applicable compact privilege 
173.32 	renewal fees.
174.1 	(C) A licensee providing dentistry or dental hygiene in a remote state under the compact 
174.2 	privilege shall function within the scope of practice authorized by the remote state for a 
174.3 	dentist or dental hygienist licensed in that state.
174.4 	(D) A licensee providing dentistry or dental hygiene pursuant to a compact privilege in 
174.5 	a remote state is subject to that state's regulatory authority. A remote state may, in accordance 
174.6 	with due process and that state's laws, by adverse action revoke or remove a licensee's 
174.7 	compact privilege in the remote state for a specific period of time and impose fines or take 
174.8 	any other necessary actions to protect the health and safety of its citizens. If a remote state 
174.9 	imposes an adverse action against a compact privilege that limits the compact privilege, 
174.10 	that adverse action applies to all compact privileges in all remote states. A licensee whose 
174.11 	compact privilege in a remote state is removed for a specified period of time is not eligible 
174.12 	for a compact privilege in any other remote state until the specific time for removal of the 
174.13 	compact privilege has passed and all encumbrance requirements are satisfied.
174.14 	(E) If a license in a participating state is an encumbered license, the licensee shall lose 
174.15 	the compact privilege in a remote state and shall not be eligible for a compact privilege in 
174.16 	any remote state until the license is no longer encumbered.
174.17 	(F) Once an encumbered license in a participating state is restored to good standing, the 
174.18 	licensee must meet the requirements of (A) of this article to obtain a compact privilege in 
174.19 	a remote state.
174.20 	(G) If a licensee's compact privilege in a remote state is removed by the remote state, 
174.21 	the individual shall lose or be ineligible for the compact privilege in any remote state until 
174.22 	the following occur:
174.23 	(1) the specific period of time for which the compact privilege was removed has ended; 
174.24 	and
174.25 	(2) all conditions for removal of the compact privilege have been satisfied.
174.26 	(H) Once the requirements of (G) of this article have been met, the licensee must meet 
174.27 	the requirements in (A) of this article to obtain a compact privilege in a remote state.
174.28 	ARTICLE V
174.29 	ACTIVE MILITARY MEMBER OR THEIR SPOUSES
174.30 	An active military member and their spouse shall not be required to pay to the commission 
174.31 	for a compact privilege the fee otherwise charged by the commission. If a remote state 
174.32 	chooses to charge a fee for a compact privilege, it may choose to charge a reduced fee or 
174.33 	no fee to an active military member and their spouse for a compact privilege.
175.1 	ARTICLE VI
175.2 	ADVERSE ACTIONS
175.3 	(A) A participating state in which a licensee is licensed shall have exclusive authority 
175.4 	to impose adverse action against the qualifying license issued by that participating state.
175.5 	(B) A participating state may take adverse action based on the significant investigative 
175.6 	information of a remote state, so long as the participating state follows its own procedures 
175.7 	for imposing adverse action.
175.8 	(C) Nothing in this compact shall override a participating state's decision that participation 
175.9 	in an alternative program may be used in lieu of adverse action and that such participation 
175.10 	shall remain nonpublic if required by the participating state's laws. Participating states must 
175.11 	require licensees who enter any alternative program in lieu of discipline to agree not to 
175.12 	practice pursuant to a compact privilege in any other participating state during the term of 
175.13 	the alternative program without prior authorization from such other participating state.
175.14 	(D) Any participating state in which a licensee is applying to practice or is practicing 
175.15 	pursuant to a compact privilege may investigate actual or alleged violations of the statutes 
175.16 	and regulations authorizing the practice of dentistry or dental hygiene in any other 
175.17 	participating state in which the dentist or dental hygienist holds a license or compact 
175.18 	privilege.
175.19 	(E) A remote state shall have the authority to:
175.20 	(1) take adverse actions as set forth in article IV, (D), against a licensee's compact 
175.21 	privilege in the state;
175.22 	(2) in furtherance of its rights and responsibilities under the compact and the commission's 
175.23 	rules issue subpoenas for both hearings and investigations that require the attendance and 
175.24 	testimony of witnesses, and the production of evidence. Subpoenas issued by a state licensing 
175.25 	authority in a participating state for the attendance and testimony of witnesses, or the 
175.26 	production of evidence from another participating state, shall be enforced in the latter state 
175.27 	by any court of competent jurisdiction, according to the practice and procedure of that court 
175.28 	applicable to subpoenas issued in proceedings pending before it. The issuing authority shall 
175.29 	pay any witness fees, travel expenses, mileage, and other fees required by the service statutes 
175.30 	of the state where the witnesses or evidence are located; and
175.31 	(3) if otherwise permitted by state law, recover from the licensee the costs of 
175.32 	investigations and disposition of cases resulting from any adverse action taken against that 
175.33 	licensee.
176.1 	(F) Joint Investigations:
176.2 	(1) In addition to the authority granted to a participating state by its dentist or dental 
176.3 	hygienist licensure act or other applicable state law, a participating state may jointly 
176.4 	investigate licensees with other participating states.
176.5 	(2) Participating states shall share any significant investigative information, litigation, 
176.6 	or compliance materials in furtherance of any joint or individual investigation initiated under 
176.7 	the compact.
176.8 	(G) Authority to Continue Investigation:
176.9 	(1) After a licensee's compact privilege in a remote state is terminated, the remote state 
176.10 	may continue an investigation of the licensee that began when the licensee had a compact 
176.11 	privilege in that remote state.
176.12 	(2) If the investigation yields what would be significant investigative information had 
176.13 	the licensee continued to have a compact privilege in that remote state, the remote state 
176.14 	shall report the presence of such information to the data system as required by article VIII, 
176.15 	(B), (6), as if it was significant investigative information.
176.16 	ARTICLE VII
176.17 	ESTABLISHMENT AND OPERATION OF THE COMMISSION
176.18 	(A) The compact participating states hereby create and establish a joint government 
176.19 	agency whose membership consists of all participating states that have enacted the compact. 
176.20 	The commission is an instrumentality of the participating states acting jointly and not an 
176.21 	instrumentality of any one state. The commission shall come into existence on or after the 
176.22 	effective date of the compact as set forth in article XI, (A).
176.23 	(B) Participation, Voting, and Meetings:
176.24 	(1) Each participating state shall have and be limited to one commissioner selected by 
176.25 	that participating state's state licensing authority or, if the state has more than one state 
176.26 	licensing authority, selected collectively by the state licensing authorities.
176.27 	(2) The commissioner shall be a member or designee of such authority or authorities.
176.28 	(3) The commission may by rule or bylaw establish a term of office for commissioners 
176.29 	and may by rule or bylaw establish term limits.
176.30 	(4) The commission may recommend to a state licensing authority or authorities, as 
176.31 	applicable, removal or suspension of an individual as the state's commissioner.
177.1 	(5) A participating state's state licensing authority or authorities, as applicable, shall fill 
177.2 	any vacancy of its commissioner on the commission within 60 days of the vacancy.
177.3 	(6) Each commissioner shall be entitled to one vote on all matters that are voted upon 
177.4 	by the commission.
177.5 	(7) The commission shall meet at least once during each calendar year. Additional 
177.6 	meetings may be held as set forth in the bylaws. The commission may meet by 
177.7 	telecommunication, video conference, or other similar electronic means.
177.8 	(C) The commission shall have the following powers:
177.9 	(1) establish the fiscal year of the commission;
177.10 	(2) establish a code of conduct and conflict of interest policies;
177.11 	(3) adopt rules and bylaws;
177.12 	(4) maintain its financial records in accordance with the bylaws;
177.13 	(5) meet and take such actions as are consistent with the provisions of this compact, the 
177.14 	commission's rules, and the bylaws;
177.15 	(6) initiate and conclude legal proceedings or actions in the name of the commission, 
177.16 	provided that the standing of any state licensing authority to sue or be sued under applicable 
177.17 	law shall not be affected;
177.18 	(7) maintain and certify records and information provided to a participating state as the 
177.19 	authenticated business records of the commission, and designate a person to do so on the 
177.20 	commission's behalf;
177.21 	(8) purchase and maintain insurance and bonds;
177.22 	(9) borrow, accept, or contract for services of personnel, including but not limited to 
177.23 	employees of a participating state;
177.24 	(10) conduct an annual financial review;
177.25 	(11) hire employees, elect or appoint officers, fix compensation, define duties, grant 
177.26 	such individuals appropriate authority to carry out the purposes of the compact, and establish 
177.27 	the commission's personnel policies and programs relating to conflicts of interest, 
177.28 	qualifications of personnel, and other related personnel matters;
177.29 	(12) as set forth in the commission rules, charge a fee to a licensee for the grant of a 
177.30 	compact privilege in a remote state and thereafter, as may be established by commission 
177.31 	rule, charge the licensee a compact privilege renewal fee for each renewal period in which 
178.1 	that licensee exercises or intends to exercise the compact privilege in that remote state. 
178.2 	Nothing herein shall be construed to prevent a remote state from charging a licensee a fee 
178.3 	for a compact privilege or renewals of a compact privilege, or a fee for the jurisprudence 
178.4 	requirement if the remote state imposes such a requirement for the grant of a compact 
178.5 	privilege;
178.6 	(13) accept any and all appropriate gifts, donations, grants of money, other sources of 
178.7 	revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of 
178.8 	the same; provided that at all times the commission shall avoid any appearance of impropriety 
178.9 	and conflict of interest;
178.10 	(14) lease, purchase, retain, own, hold, improve, or use any property real, personal, or 
178.11 	mixed, or any undivided interest therein;
178.12 	(15) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of 
178.13 	any property real, personal, or mixed;
178.14 	(16) establish a budget and make expenditures;
178.15 	(17) borrow money;
178.16 	(18) appoint committees, including standing committees, which may be composed of 
178.17 	members, state regulators, state legislators or their representatives, and consumer 
178.18 	representatives, and such other interested persons as may be designated in this compact and 
178.19 	the bylaws;
178.20 	(19) provide and receive information from, and cooperate with, law enforcement agencies;
178.21 	(20) elect a chair, vice chair, secretary, and treasurer and such other officers of the 
178.22 	commission as provided in the commission's bylaws;
178.23 	(21) establish and elect an executive board;
178.24 	(22) adopt and provide to the participating states an annual report;
178.25 	(23) determine whether a state's enacted compact is materially different from the model 
178.26 	compact language such that the state would not qualify for participation in the compact; 
178.27 	and
178.28 	(24) perform such other functions as may be necessary or appropriate to achieve the 
178.29 	purposes of this compact.
178.30 	(D) Meetings of the Commission:
179.1 	(1) All meetings of the commission that are not closed pursuant to (D)(4) of this article 
179.2 	shall be open to the public. Notice of public meetings shall be posted on the commission's 
179.3 	website at least 30 days prior to the public meeting.
179.4 	(2) Notwithstanding (D)(1) of this article, the commission may convene an emergency 
179.5 	public meeting by providing at least 24 hours prior notice on the commission's website, and 
179.6 	any other means as provided in the commission's rules, for any of the reasons it may dispense 
179.7 	with notice of proposed rulemaking under article IX, (L). The commission's legal counsel 
179.8 	shall certify that one of the reasons justifying an emergency public meeting has been met.
179.9 	(3) Notice of all commission meetings shall provide the time, date, and location of the 
179.10 	meeting, and if the meeting is to be held or accessible via telecommunication, video 
179.11 	conference, or other electronic means, the notice shall include the mechanism for access to 
179.12 	the meeting through such means.
179.13 	(4) The commission may convene in a closed, nonpublic meeting for the commission 
179.14 	to receive legal advice or to discuss:
179.15 	(i) noncompliance of a participating state with its obligations under the compact;
179.16 	(ii) the employment, compensation, discipline, or other matters, practices, or procedures 
179.17 	related to specific employees or other matters related to the commission's internal personnel 
179.18 	practices and procedures;
179.19 	(iii) current or threatened discipline of a licensee or compact privilege holder by the 
179.20 	commission or by a participating state's licensing authority;
179.21 	(iv) current, threatened, or reasonably anticipated litigation;
179.22 	(v) negotiation of contracts for the purchase, lease, or sale of goods, services, or real 
179.23 	estate;
179.24 	(vi) accusing any person of a crime or formally censuring any person;
179.25 	(vii) trade secrets or commercial or financial information that is privileged or confidential;
179.26 	(viii) information of a personal nature where disclosure would constitute a clearly 
179.27 	unwarranted invasion of personal privacy;
179.28 	(ix) investigative records compiled for law enforcement purposes;
179.29 	(x) information related to any investigative reports prepared by or on behalf of or for 
179.30 	use of the commission or other committee charged with responsibility of investigation or 
179.31 	determination of compliance issues pursuant to the compact;
180.1 	(xi) legal advice;
180.2 	(xii) matters specifically exempted from disclosure to the public by federal or participating 
180.3 	state law; and
180.4 	(xiii) other matters as promulgated by the commission by rule.
180.5 	(5) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that 
180.6 	the meeting will be closed and reference each relevant exempting provision, and such 
180.7 	reference shall be recorded in the minutes.
180.8 	(6) The commission shall keep minutes that fully and clearly describe all matters 
180.9 	discussed in a meeting and shall provide a full and accurate summary of actions taken, and 
180.10 	the reasons therefore, including a description of the views expressed. All documents 
180.11 	considered in connection with an action shall be identified in such minutes. All minutes and 
180.12 	documents of a closed meeting shall remain under seal, subject to release only by a majority 
180.13 	vote of the commission or order of a court of competent jurisdiction.
180.14 	(E) Financing of the Commission:
180.15 	(1) The commission shall pay, or provide for the payment of, the reasonable expenses 
180.16 	of its establishment, organization, and ongoing activities.
180.17 	(2) The commission may accept any and all appropriate sources of revenue, donations, 
180.18 	and grants of money, equipment, supplies, materials, and services.
180.19 	(3) The commission may levy on and collect an annual assessment from each participating 
180.20 	state and impose fees on licensees of participating states when a compact privilege is granted 
180.21 	to cover the cost of the operations and activities of the commission and its staff, which must 
180.22 	be in a total amount sufficient to cover its annual budget as approved each fiscal year for 
180.23 	which sufficient revenue is not provided by other sources. The aggregate annual assessment 
180.24 	amount for participating states shall be allocated based upon a formula that the commission 
180.25 	shall promulgate by rule.
180.26 	(4) The commission shall not incur obligations of any kind prior to securing the funds 
180.27 	adequate to meet the same; nor shall the commission pledge the credit of any participating 
180.28 	state, except by and with the authority of the participating state.
180.29 	(5) The commission shall keep accurate accounts of all receipts and disbursements. The 
180.30 	receipts and disbursements of the commission shall be subject to the financial review and 
180.31 	accounting procedures established under the commission's bylaws. All receipts and 
180.32 	disbursements of funds handled by the commission shall be subject to an annual financial 
181.1 	review by a certified or licensed public accountant, and the report of the financial review 
181.2 	shall be included in and become part of the annual report of the commission.
181.3 	(F) The Executive Board:
181.4 	(1) The executive board shall have the power to act on behalf of the commission according 
181.5 	to the terms of this compact. The powers, duties, and responsibilities of the executive board 
181.6 	shall include:
181.7 	(i) overseeing the day-to-day activities of the administration of the compact including 
181.8 	compliance with the provisions of the compact and the commission's rules and bylaws;
181.9 	(ii) recommending to the commission changes to the rules or bylaws, changes to this 
181.10 	compact legislation, fees charged to compact participating states, fees charged to licensees, 
181.11 	and other fees;
181.12 	(iii) ensuring compact administration services are appropriately provided, including by 
181.13 	contract;
181.14 	(iv) preparing and recommending the budget;
181.15 	(v) maintaining financial records on behalf of the commission;
181.16 	(vi) monitoring compact compliance of participating states and providing compliance 
181.17 	reports to the commission;
181.18 	(vii) establishing additional committees as necessary;
181.19 	(viii) exercising the powers and duties of the commission during the interim between 
181.20 	commission meetings, except for adopting or amending rules, adopting or amending bylaws, 
181.21 	and exercising any other powers and duties expressly reserved to the commission by rule 
181.22 	or bylaw; and
181.23 	(ix) other duties as provided in the rules or bylaws of the commission.
181.24 	(2) The executive board shall be composed of up to seven members:
181.25 	(i) the chair, vice chair, secretary, and treasurer of the commission and any other members 
181.26 	of the commission who serve on the executive board shall be voting members of the executive 
181.27 	board; and
181.28 	(ii) other than the chair, vice chair, secretary, and treasurer, the commission may elect 
181.29 	up to three voting members from the current membership of the commission.
181.30 	(3) The commission may remove any member of the executive board as provided in the 
181.31 	commission's bylaws.
182.1 	(4) The executive board shall meet at least annually.
182.2 	(i) An executive board meeting at which it takes or intends to take formal action on a 
182.3 	matter shall be open to the public, except that the executive board may meet in a closed, 
182.4 	nonpublic session of a public meeting when dealing with any of the matters covered under 
182.5 	(D)(4) of this article.
182.6 	(ii) The executive board shall give five business days' notice of its public meetings, 
182.7 	posted on its website and as it may otherwise determine to provide notice to persons with 
182.8 	an interest in the public matters the executive board intends to address at those meetings.
182.9 	(5) The executive board may hold an emergency meeting when acting for the commission 
182.10 	to:
182.11 	(i) meet an imminent threat to public health, safety, or welfare;
182.12 	(ii) prevent a loss of commission or participating state funds; or
182.13 	(iii) protect public health and safety.
182.14 	(G) Qualified Immunity, Defense, and Indemnification:
182.15 	(1) The members, officers, executive director, employees, and representatives of the 
182.16 	commission shall be immune from suit and liability, both personally and in their official 
182.17 	capacity, for any claim for damage to or loss of property or personal injury or other civil 
182.18 	liability caused by or arising out of any actual or alleged act, error, or omission that occurred, 
182.19 	or that the person against whom the claim is made had a reasonable basis for believing 
182.20 	occurred within the scope of commission employment, duties, or responsibilities; provided 
182.21 	that nothing in this paragraph shall be construed to protect any such person from suit or 
182.22 	liability for any damage, loss, injury, or liability caused by the intentional or willful or 
182.23 	wanton misconduct of that person. The procurement of insurance of any type by the 
182.24 	commission shall not in any way compromise or limit the immunity granted hereunder.
182.25 	(2) The commission shall defend any member, officer, executive director, employee, or 
182.26 	representative of the commission in any civil action seeking to impose liability arising out 
182.27 	of any actual or alleged act, error, or omission that occurred within the scope of commission 
182.28 	employment, duties, or responsibilities, or as determined by the commission that the person 
182.29 	against whom the claim is made had a reasonable basis for believing occurred within the 
182.30 	scope of commission employment, duties, or responsibilities; provided that nothing herein 
182.31 	shall be construed to prohibit that person from retaining their own counsel at their own 
182.32 	expense; and provided further that the actual or alleged act, error, or omission did not result 
182.33 	from that person's intentional or willful or wanton misconduct.
183.1 	(3) Notwithstanding (G)(1) of this article, should any member, officer, executive director, 
183.2 	employee, or representative of the commission be held liable for the amount of any settlement 
183.3 	or judgment arising out of any actual or alleged act, error, or omission that occurred within 
183.4 	the scope of that individual's employment, duties, or responsibilities for the commission, 
183.5 	or that the person to whom that individual is liable had a reasonable basis for believing 
183.6 	occurred within the scope of the individual's employment, duties, or responsibilities for the 
183.7 	commission, the commission shall indemnify and hold harmless such individual; provided 
183.8 	that the actual or alleged act, error, or omission did not result from the intentional or willful 
183.9 	or wanton misconduct of the individual.
183.10 	(4) Nothing herein shall be construed as a limitation on the liability of any licensee for 
183.11 	professional malpractice or misconduct, which shall be governed solely by any other 
183.12 	applicable state laws.
183.13 	(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a 
183.14 	participating state's state action immunity or state action affirmative defense with respect 
183.15 	to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust 
183.16 	or anticompetitive law or regulation.
183.17 	(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by 
183.18 	the participating states or by the commission.
183.19 	(H) Notwithstanding paragraph (G), clause (1), of this article, the liability of the executive 
183.20 	director, employees, or representatives of the interstate commission, acting within the scope 
183.21 	of their employment or duties, may not exceed the limits of liability set forth under the 
183.22 	constitution and laws of this state for state officials, employees, and agents. This paragraph 
183.23 	expressly incorporates  section 3.736, and neither expands nor limits the rights and remedies 
183.24 	provided under that statute.
183.25 	(I) Except for a claim alleging a violation of this compact, a claim against the commission, 
183.26 	its executive director, employees, or representatives alleging a violation of the constitution 
183.27 	and laws of this state may be brought in any county where the plaintiff resides. Nothing in 
183.28 	this paragraph creates a private right of action.
183.29 	(J) Nothing in this compact shall be construed as a limitation on the liability of any 
183.30 	licensee for professional malpractice or misconduct, which shall be governed solely by any 
183.31 	other applicable state laws.
183.32 	ARTICLE VIII
183.33 	DATA SYSTEM
184.1 	(A) The commission shall provide for the development, maintenance, operation, and 
184.2 	utilization of a coordinated database and reporting system containing licensure, adverse 
184.3 	action, and the presence of significant investigative information on all licensees and 
184.4 	applicants for a license in participating states.
184.5 	(B) Notwithstanding any other provision of state law to the contrary, a participating state 
184.6 	shall submit a uniform data set to the data system on all individuals to whom this compact 
184.7 	is applicable as required by the rules of the commission, including:
184.8 	(1) identifying information;
184.9 	(2) licensure data;
184.10 	(3) adverse actions against a licensee, license applicant, or compact privilege and 
184.11 	information related thereto;
184.12 	(4) nonconfidential information related to alternative program participation, the beginning 
184.13 	and ending dates of such participation, and other information related to such participation;
184.14 	(5) any denial of an application for licensure, and the reasons for such denial, excluding 
184.15 	the reporting of any criminal history record information where prohibited by law;
184.16 	(6) the presence of significant investigative information; and
184.17 	(7) other information that may facilitate the administration of this compact or the 
184.18 	protection of the public, as determined by the rules of the commission.
184.19 	(C) The records and information provided to a participating state pursuant to this compact 
184.20 	or through the data system, when certified by the commission or an agent thereof, shall 
184.21 	constitute the authenticated business records of the commission, and shall be entitled to any 
184.22 	associated hearsay exception in any relevant judicial, quasi-judicial, or administrative 
184.23 	proceedings in a participating state.
184.24 	(D) Significant investigative information pertaining to a licensee in any participating 
184.25 	state will only be available to other participating states.
184.26 	(E) It is the responsibility of the participating states to monitor the database to determine 
184.27 	whether adverse action has been taken against a licensee or license applicant. Adverse action 
184.28 	information pertaining to a licensee or license applicant in any participating state will be 
184.29 	available to any other participating state.
184.30 	(F) Participating states contributing information to the data system may designate 
184.31 	information that may not be shared with the public without the express permission of the 
184.32 	contributing state.
185.1 	(G) Any information submitted to the data system that is subsequently expunged pursuant 
185.2 	to federal law or the laws of the participating state contributing the information shall be 
185.3 	removed from the data system.
185.4 	ARTICLE IX
185.5 	RULEMAKING
185.6 	(A) The commission shall promulgate reasonable rules in order to effectively and 
185.7 	efficiently implement and administer the purposes and provisions of the compact. A 
185.8 	commission rule shall be invalid and have no force or effect only if a court of competent 
185.9 	jurisdiction holds that the rule is invalid because the commission exercised its rulemaking 
185.10 	authority in a manner that is beyond the scope and purposes of the compact, or the powers 
185.11 	granted hereunder, or based upon another applicable standard of review.
185.12 	(B) The rules of the commission shall have the force of law in each participating state, 
185.13 	provided that where the rules of the commission conflict with the laws of the participating 
185.14 	state that establish the participating state's scope of practice as held by a court of competent 
185.15 	jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the 
185.16 	conflict.
185.17 	(C) The commission shall exercise its rulemaking powers pursuant to the criteria set 
185.18 	forth in this article and the rules adopted thereunder. Rules shall become binding as of the 
185.19 	date specified by the commission for each rule.
185.20 	(D) If a majority of the legislatures of the participating states rejects a commission rule 
185.21 	or portion of a commission rule, by enactment of a statute or resolution in the same manner 
185.22 	used to adopt the compact, within four years of the date of adoption of the rule, then such 
185.23 	rule shall have no further force and effect in any participating state or to any state applying 
185.24 	to participate in the compact.
185.25 	(E) Rules shall be adopted at a regular or special meeting of the commission.
185.26 	(F) Prior to adoption of a proposed rule, the commission shall hold a public hearing and 
185.27 	allow persons to provide oral and written comments, data, facts, opinions, and arguments.
185.28 	(G) Prior to adoption of a proposed rule by the commission, and at least 30 days in 
185.29 	advance of the meeting at which the commission will hold a public hearing on the proposed 
185.30 	rule, the commission shall provide a notice of proposed rulemaking:
185.31 	(1) on the website of the commission or other publicly accessible platform;
186.1 	(2) to persons who have requested notice of the commission's notices of proposed 
186.2 	rulemaking; and
186.3 	(3) in such other ways as the commission may by rule specify.
186.4 	(H) The notice of proposed rulemaking shall include:
186.5 	(1) the time, date, and location of the public hearing at which the commission will hear 
186.6 	public comments on the proposed rule and, if different, the time, date, and location of the 
186.7 	meeting where the commission will consider and vote on the proposed rule;
186.8 	(2) if the hearing is held via telecommunication, video conference, or other electronic 
186.9 	means, the commission shall include the mechanism for access to the hearing in the notice 
186.10 	of proposed rulemaking;
186.11 	(3) the text of the proposed rule and the reason therefor;
186.12 	(4) a request for comments on the proposed rule from any interested person; and
186.13 	(5) the manner in which interested persons may submit written comments.
186.14 	(I) All hearings will be recorded. A copy of the recording and all written comments and 
186.15 	documents received by the commission in response to the proposed rule shall be available 
186.16 	to the public.
186.17 	(J) Nothing in this article shall be construed as requiring a separate hearing on each 
186.18 	commission rule. Rules may be grouped for the convenience of the commission at hearings 
186.19 	required by this article.
186.20 	(K) The commission shall, by majority vote of all commissioners, take final action on 
186.21 	the proposed rule based on the rulemaking record.
186.22 	(1) The commission may adopt changes to the proposed rule provided the changes do 
186.23 	not enlarge the original purpose of the proposed rule.
186.24 	(2) The commission shall provide an explanation of the reasons for substantive changes 
186.25 	made to the proposed rule as well as reasons for substantive changes not made that were 
186.26 	recommended by commenters.
186.27 	(3) The commission shall determine a reasonable effective date for the rule. Except for 
186.28 	an emergency as provided in (L) of this article, the effective date of the rule shall be no 
186.29 	sooner than 30 days after the commission issuing the notice that it adopted or amended the 
186.30 	rule.
187.1 	(L) Upon determination that an emergency exists, the commission may consider and 
187.2 	adopt an emergency rule with 24 hours' notice, with opportunity to comment, provided that 
187.3 	the usual rulemaking procedures provided in the compact and in this article shall be 
187.4 	retroactively applied to the rule as soon as reasonably possible, in no event later than 90 
187.5 	days after the effective date of the rule. For the purposes of this provision, an emergency 
187.6 	rule is one that must be adopted immediately in order to:
187.7 	(1) meet an imminent threat to public health, safety, or welfare;
187.8 	(2) prevent a loss of commission or participating state funds;
187.9 	(3) meet a deadline for the promulgation of a rule that is established by federal law or 
187.10 	rule; or
187.11 	(4) protect public health and safety.
187.12 	(M) The commission or an authorized committee of the commission may direct revisions 
187.13 	to a previously adopted rule for purposes of correcting typographical errors, errors in format, 
187.14 	errors in consistency, or grammatical errors. Public notice of any revisions shall be posted 
187.15 	on the website of the commission. The revision shall be subject to challenge by any person 
187.16 	for a period of 30 days after posting. The revision may be challenged only on grounds that 
187.17 	the revision results in a material change to a rule. A challenge shall be made in writing and 
187.18 	delivered to the commission prior to the end of the notice period. If no challenge is made, 
187.19 	the revision will take effect without further action. If the revision is challenged, the revision 
187.20 	may not take effect without the approval of the commission.
187.21 	(N) No participating state's rulemaking requirements shall apply under this compact.
187.22 	ARTICLE X
187.23 	OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
187.24 	(A) Oversight:
187.25 	(1) The executive and judicial branches of state government in each participating state 
187.26 	shall enforce this compact and take all actions necessary and appropriate to implement the 
187.27 	compact.
187.28 	(2) Except as provided under article VII, paragraph (I), venue is proper and judicial 
187.29 	proceedings by or against the commission shall be brought solely and exclusively in a court 
187.30 	of competent jurisdiction where the principal office of the commission is located. The 
187.31 	commission may waive venue and jurisdictional defenses to the extent it adopts or consents 
187.32 	to participate in alternative dispute resolution proceedings. Nothing herein shall affect or 
188.1 	limit the selection or propriety of venue in any action against a licensee for professional 
188.2 	malpractice, misconduct, or any such similar matter.
188.3 	(3) The commission shall be entitled to receive service of process in any proceeding 
188.4 	regarding the enforcement or interpretation of the compact or commission rule and shall 
188.5 	have standing to intervene in such a proceeding for all purposes. Failure to provide the 
188.6 	commission service of process shall render a judgment or order void as to the commission, 
188.7 	this compact, or the promulgated rules.
188.8 	(B) Default, Technical Assistance, and Termination:
188.9 	(1) If the commission determines that a participating state has defaulted in the 
188.10 	performance of its obligations or responsibilities under this compact or the promulgated 
188.11 	rules, the commission shall provide written notice to the defaulting state. The notice of 
188.12 	default shall describe the default, the proposed means of curing the default, and any other 
188.13 	action that the commission may take, and shall offer training and specific technical assistance 
188.14 	regarding the default.
188.15 	(2) The commission shall provide a copy of the notice of default to the other participating 
188.16 	states.
188.17 	(C) If a state in default fails to cure the default, the defaulting state may be terminated 
188.18 	from the compact upon an affirmative vote of a majority of the commissioners, and all 
188.19 	rights, privileges, and benefits conferred on that state by this compact may be terminated 
188.20 	on the effective date of termination. A cure of the default does not relieve the offending 
188.21 	state of obligations or liabilities incurred during the period of default.
188.22 	(D) Termination of participation in the compact shall be imposed only after all other 
188.23 	means of securing compliance have been exhausted. Notice of intent to suspend or terminate 
188.24 	shall be given by the commission to the governor, the majority and minority leaders of the 
188.25 	defaulting state's legislature, the defaulting state's state licensing authority or authorities, 
188.26 	as applicable, and each of the participating states' state licensing authority or authorities, as 
188.27 	applicable.
188.28 	(E) A state that has been terminated is responsible for all assessments, obligations, and 
188.29 	liabilities incurred through the effective date of termination, including obligations that 
188.30 	extend beyond the effective date of termination.
188.31 	(F) Upon the termination of a state's participation in this compact, that state shall 
188.32 	immediately provide notice to all licensees of the state, including licensees of other 
188.33 	participating states issued a compact privilege to practice within that state, of such 
189.1 	termination. The terminated state shall continue to recognize all compact privileges then in 
189.2 	effect in that state for a minimum of 180 days after the date of said notice of termination.
189.3 	(G) The commission shall not bear any costs related to a state that is found to be in 
189.4 	default or that has been terminated from the compact, unless agreed upon in writing between 
189.5 	the commission and the defaulting state.
189.6 	(H) The defaulting state may appeal the action of the commission by petitioning the 
189.7 	United States District Court for the District of Columbia or the federal district where the 
189.8 	commission has its principal offices. The prevailing party shall be awarded all costs of such 
189.9 	litigation, including reasonable attorney fees.
189.10 	(I) Dispute Resolution:
189.11 	(1) Upon request by a participating state, the commission shall attempt to resolve disputes 
189.12 	related to the compact that arise among participating states and between participating states 
189.13 	and nonparticipating states.
189.14 	(2) The commission shall promulgate a rule providing for both mediation and binding 
189.15 	dispute resolution for disputes as appropriate.
189.16 	(J) Enforcement:
189.17 	(1) The commission, in the reasonable exercise of its discretion, shall enforce the 
189.18 	provisions of this compact and the commission's rules.
189.19 	(2) By majority vote, the commission may initiate legal action against a participating 
189.20 	state in default in the United States District Court for the District of Columbia or the federal 
189.21 	district where the commission has its principal offices to enforce compliance with the 
189.22 	provisions of the compact and its promulgated rules. The relief sought may include both 
189.23 	injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing 
189.24 	party shall be awarded all costs of such litigation, including reasonable attorney fees. The 
189.25 	remedies herein shall not be the exclusive remedies of the commission. The commission 
189.26 	may pursue any other remedies available under federal or the defaulting participating state's 
189.27 	law.
189.28 	(3) A participating state may initiate legal action against the commission in the United 
189.29 	States District Court for the District of Columbia or the federal district where the commission 
189.30 	has its principal offices to enforce compliance with the provisions of the compact and its 
189.31 	promulgated rules. The relief sought may include both injunctive relief and damages. In the 
189.32 	event judicial enforcement is necessary, the prevailing party shall be awarded all costs of 
189.33 	such litigation, including reasonable attorney fees.
190.1 	(4) No individual or entity other than a participating state may enforce this compact 
190.2 	against the commission.
190.3 	ARTICLE XI
190.4 	EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
190.5 	(A) The compact shall come into effect on the date on which the compact statute is 
190.6 	enacted into law in the seventh participating state.
190.7 	(1) On or after the effective date of the compact, the commission shall convene and 
190.8 	review the enactment of each of the states that enacted the compact prior to the commission 
190.9 	convening ("charter participating states") to determine if the statute enacted by each such 
190.10 	charter participating state is materially different than the model compact.
190.11 	(i) A charter participating state whose enactment is found to be materially different from 
190.12 	the model compact shall be entitled to the default process set forth in article X.
190.13 	(ii) If any participating state is later found to be in default, or is terminated or withdraws 
190.14 	from the compact, the commission shall remain in existence and the compact shall remain 
190.15 	in effect even if the number of participating states should be less than seven.
190.16 	(2) Participating states enacting the compact subsequent to the charter participating states 
190.17 	shall be subject to the process set forth in article VII, (C)(23), to determine if their enactments 
190.18 	are materially different from the model compact and whether they qualify for participation 
190.19 	in the compact.
190.20 	(3) All actions taken for the benefit of the commission or in furtherance of the purposes 
190.21 	of the administration of the compact prior to the effective date of the compact or the 
190.22 	commission coming into existence shall be considered to be actions of the commission 
190.23 	unless specifically repudiated by the commission.
190.24 	(4) Any state that joins the compact subsequent to the commission's initial adoption of 
190.25 	the rules and bylaws shall be subject to the commission's rules and bylaws as they exist on 
190.26 	the date on which the compact becomes law in that state. Any rule that has been previously 
190.27 	adopted by the commission shall have the full force and effect of law on the day the compact 
190.28 	becomes law in that state.
190.29 	(B) Any participating state may withdraw from this compact by enacting a statute 
190.30 	repealing that state's enactment of the compact.
190.31 	(1) A participating state's withdrawal shall not take effect until 180 days after enactment 
190.32 	of the repealing statute.
191.1 	(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's 
191.2 	licensing authority or authorities to comply with the investigative and adverse action reporting 
191.3 	requirements of this compact prior to the effective date of withdrawal.
191.4 	(3) Upon the enactment of a statute withdrawing from this compact, the state shall 
191.5 	immediately provide notice of such withdrawal to all licensees within that state. 
191.6 	Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing 
191.7 	state shall continue to recognize all compact privileges to practice within that state granted 
191.8 	pursuant to this compact for a minimum of 180 days after the date of such notice of 
191.9 	withdrawal.
191.10 	(C) Nothing contained in this compact shall be construed to invalidate or prevent any 
191.11 	licensure agreement or other cooperative arrangement between a participating state and a 
191.12 	nonparticipating state that does not conflict with the provisions of this compact.
191.13 	(D) This compact may be amended by the participating states. No amendment to this 
191.14 	compact shall become effective and binding upon any participating state until it is enacted 
191.15 	into the laws of all participating states.
191.16 	ARTICLE XII
191.17 	CONSTRUCTION AND SEVERABILITY
191.18 	(A) This compact and the commission's rulemaking authority shall be liberally construed 
191.19 	so as to effectuate the purposes and the implementation and administration of the compact. 
191.20 	Provisions of the compact expressly authorizing or requiring the promulgation of rules shall 
191.21 	not be construed to limit the commission's rulemaking authority solely for those purposes.
191.22 	(B) The provisions of this compact shall be severable and if any phrase, clause, sentence, 
191.23 	or provision of this compact is held by a court of competent jurisdiction to be contrary to 
191.24 	the constitution of any participating state, a state seeking participation in the compact, or 
191.25 	of the United States, or the applicability thereof to any government, agency, person, or 
191.26 	circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity 
191.27 	of the remainder of this compact and the applicability thereof to any other government, 
191.28 	agency, person, or circumstance shall not be affected thereby.
191.29 	(C) Notwithstanding (B) of this article, the commission may deny a state's participation 
191.30 	in the compact or, in accordance with the requirements of article X, (B), terminate a 
191.31 	participating state's participation in the compact, if it determines that a constitutional 
191.32 	requirement of a participating state is a material departure from the compact. Otherwise, if 
191.33 	this compact shall be held to be contrary to the constitution of any participating state, the 
192.1 	compact shall remain in full force and effect as to the remaining participating states and in 
192.2 	full force and effect as to the participating state affected as to all severable matters.
192.3 	ARTICLE XIII
192.4 	CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
192.5 	(A) Nothing herein shall prevent or inhibit the enforcement of any other law of a 
192.6 	participating state that is not inconsistent with the compact.
192.7 	(B) Any laws, statutes, regulations, or other legal requirements in a participating state 
192.8 	in conflict with the compact are superseded to the extent of the conflict.
192.9 	(C) All permissible agreements between the commission and the participating states are 
192.10 	binding in accordance with their terms.

192.11 	ARTICLE 15
192.12 	SOCIAL WORK SERVICES LICENSURE COMPACT

192.13 	Section 1. [148E.40] TITLE.
192.14 	Sections 148E.40 to 148E.55 shall be known and cited as the social work services 
192.15 	licensure compact.

192.16 	Sec. 2. [148E.41] DEFINITIONS.
192.17 	As used in this Compact, and except as otherwise provided, the following definitions 
192.18 	shall apply:
192.19 	(1) "Active military member" means any individual with full-time duty status in the 
192.20 	active armed forces of the United States, including members of the National Guard and 
192.21 	Reserve.
192.22 	(2) "Adverse action" means any administrative, civil, equitable, or criminal action 
192.23 	permitted by a state's laws which is imposed by a licensing authority or other authority 
192.24 	against a regulated social worker, including actions against an individual's license or 
192.25 	multistate authorization to practice such as revocation, suspension, probation, monitoring 
192.26 	of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure 
192.27 	affecting a regulated social worker's authorization to practice, including issuance of a cease 
192.28 	and desist action.
192.29 	(3) "Alternative program" means a nondisciplinary monitoring or practice remediation 
192.30 	process approved by a licensing authority to address practitioners with an impairment.
193.1 	(4) "Charter member states" means member states who have enacted legislation to adopt 
193.2 	this Compact where such legislation predates the effective date of this Compact as described 
193.3 	in section 148E.53.
193.4 	(5) "Compact" means sections 148E.40 to 148E.55.
193.5 	(6) "Compact Commission" or "Commission" means the government agency whose 
193.6 	membership consists of all States that have enacted this Compact, which is known as the 
193.7 	Social Work Licensure Compact Commission, as described in section 148E.49, and which 
193.8 	shall operate as an instrumentality of the member states.
193.9 	(7) "Current significant investigative information" means:
193.10 	(i) investigative information that a licensing authority, after a preliminary inquiry that 
193.11 	includes notification and an opportunity for the regulated social worker to respond, has 
193.12 	reason to believe is not groundless and, if proved true, would indicate more than a minor 
193.13 	infraction as may be defined by the Commission; or
193.14 	(ii) investigative information that indicates that the regulated social worker represents 
193.15 	an immediate threat to public health and safety, as may be defined by the Commission, 
193.16 	regardless of whether the regulated social worker has been notified and has had an 
193.17 	opportunity to respond.
193.18 	(8) "Data system" means a repository of information about licensees, including continuing 
193.19 	education, examinations, licensure, current significant investigative information, disqualifying 
193.20 	events, multistate licenses, and adverse action information or other information as required 
193.21 	by the Commission.
193.22 	(9) "Disqualifying event" means any adverse action or incident which results in an 
193.23 	encumbrance that disqualifies or makes the licensee ineligible to obtain, retain, or renew a 
193.24 	multistate license.
193.25 	(10) "Domicile" means the jurisdiction in which the licensee resides and intends to 
193.26 	remain indefinitely.
193.27 	(11) "Encumbrance" means a revocation or suspension of, or any limitation on, the full 
193.28 	and unrestricted practice of social work licensed and regulated by a licensing authority.
193.29 	(12) "Executive Committee" means a group of delegates elected or appointed to act on 
193.30 	behalf of, and within the powers granted to them by, the Compact and Commission.
193.31 	(13) "Home state" means the member state that is the licensee's primary domicile.
194.1 	(14) "Impairment" means a condition that may impair a practitioner's ability to engage 
194.2 	in full and unrestricted practice as a regulated social worker without some type of intervention 
194.3 	and may include alcohol and drug dependence, mental health impairment, and neurological 
194.4 	or physical impairments.
194.5 	(15) "Licensee" means an individual who currently holds a license from a state to practice 
194.6 	as a regulated social worker.
194.7 	(16) "Licensing authority" means the board or agency of a member state, or equivalent, 
194.8 	that is responsible for the licensing and regulation of regulated social workers.
194.9 	(17) "Member state" means a state, commonwealth, district, or territory of the United 
194.10 	States of America that has enacted this Compact.
194.11 	(18) "Multistate authorization to practice" means a legally authorized privilege to practice, 
194.12 	which is equivalent to a license, associated with a multistate license permitting the practice 
194.13 	of social work in a remote state.
194.14 	(19) "Multistate license" means a license to practice as a regulated social worker issued 
194.15 	by a home state licensing authority that authorizes the regulated social worker to practice 
194.16 	in all member states under multistate authorization to practice.
194.17 	(20) "Qualifying national exam" means a national licensing examination approved by 
194.18 	the Commission.
194.19 	(21) "Regulated social worker" means any clinical, master's, or bachelor's social worker 
194.20 	licensed by a member state regardless of the title used by that member state.
194.21 	(22) "Remote state" means a member state other than the licensee's home state.
194.22 	(23) "Rule" or "rule of the Commission" means a regulation or regulations duly 
194.23 	promulgated by the Commission, as authorized by the Compact, that has the force of law.
194.24 	(24) "Single state license" means a social work license issued by any state that authorizes 
194.25 	practice only within the issuing state and does not include multistate authorization to practice 
194.26 	in any member state.
194.27 	(25) "Social work" or "social work services" means the application of social work theory, 
194.28 	knowledge, methods, ethics, and the professional use of self to restore or enhance social, 
194.29 	psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, 
194.30 	organizations, and communities through the care and services provided by a regulated social 
194.31 	worker as set forth in the member state's statutes and regulations in the state where the 
194.32 	services are being provided.
195.1 	(26) "State" means any state, commonwealth, district, or territory of the United States 
195.2 	of America that regulates the practice of social work.
195.3 	(27) "Unencumbered license" means a license that authorizes a regulated social worker 
195.4 	to engage in the full and unrestricted practice of social work.

195.5 	Sec. 3. [148E.42] STATE PARTICIPATION IN THE COMPACT.
195.6 	(a) To be eligible to participate in the compact, a potential member state must currently 
195.7 	meet all of the following criteria:
195.8 	(1) license and regulate the practice of social work at either the clinical, master's, or 
195.9 	bachelor's category;
195.10 	(2) require applicants for licensure to graduate from a program that:
195.11 	(i) is operated by a college or university recognized by the licensing authority;
195.12 	(ii) is accredited, or in candidacy by an institution that subsequently becomes accredited, 
195.13 	by an accrediting agency recognized by either:
195.14 	(A) the Council for Higher Education Accreditation, or its successor; or
195.15 	(B) the United States Department of Education; and
195.16 	(iii) corresponds to the licensure sought as outlined in section 148E.43;
195.17 	(3) require applicants for clinical licensure to complete a period of supervised practice; 
195.18 	and
195.19 	(4) have a mechanism in place for receiving, investigating, and adjudicating complaints 
195.20 	about licensees.
195.21 	(b) To maintain membership in the Compact, a member state shall:
195.22 	(1) require that applicants for a multistate license pass a qualifying national exam for 
195.23 	the corresponding category of multistate license sought as outlined in section 148E.43;
195.24 	(2) participate fully in the Commission's data system, including using the Commission's 
195.25 	unique identifier as defined in rules;
195.26 	(3) notify the Commission, in compliance with the terms of the Compact and rules, of 
195.27 	any adverse action or the availability of current significant investigative information regarding 
195.28 	a licensee;
195.29 	(4) implement procedures for considering the criminal history records of applicants for 
195.30 	a multistate license. Such procedures shall include the submission of fingerprints or other 
196.1 	biometric-based information by applicants for the purpose of obtaining an applicant's criminal 
196.2 	history record information from the Federal Bureau of Investigation and the agency 
196.3 	responsible for retaining that state's criminal records;
196.4 	(5) comply with the rules of the Commission;
196.5 	(6) require an applicant to obtain or retain a license in the home state and meet the home 
196.6 	state's qualifications for licensure or renewal of licensure, as well as all other applicable 
196.7 	home state laws;
196.8 	(7) authorize a licensee holding a multistate license in any member state to practice in 
196.9 	accordance with the terms of the Compact and rules of the Commission; and
196.10 	(8) designate a delegate to participate in the Commission meetings.
196.11 	(c) A member state meeting the requirements of paragraphs (a) and (b) shall designate 
196.12 	the categories of social work licensure that are eligible for issuance of a multistate license 
196.13 	for applicants in such member state. To the extent that any member state does not meet the 
196.14 	requirements for participation in the Compact at any particular category of social work 
196.15 	licensure, such member state may choose but is not obligated to issue a multistate license 
196.16 	to applicants that otherwise meet the requirements of section 148E.43 for issuance of a 
196.17 	multistate license in such category or categories of licensure.
196.18 	(d) The home state may charge a fee for granting the multistate license.

196.19 	Sec. 4. [148E.43] SOCIAL WORKER PARTICIPATION IN THE COMPACT.
196.20 	(a) To be eligible for a multistate license under the terms and provisions of the Compact, 
196.21 	an applicant, regardless of category, must:
196.22 	(1) hold or be eligible for an active, unencumbered license in the home state;
196.23 	(2) pay any applicable fees, including any state fee, for the multistate license;
196.24 	(3) submit, in connection with an application for a multistate license, fingerprints or 
196.25 	other biometric data for the purpose of obtaining criminal history record information from 
196.26 	the Federal Bureau of Investigation and the agency responsible for retaining that state's 
196.27 	criminal records;
196.28 	(4) notify the home state of any adverse action, encumbrance, or restriction on any 
196.29 	professional license taken by any member state or nonmember state within 30 days from 
196.30 	the date the action is taken;
196.31 	(5) meet any continuing competence requirements established by the home state; and
197.1 	(6) abide by the laws, regulations, and applicable standards in the member state where 
197.2 	the client is located at the time care is rendered.
197.3 	(b) An applicant for a clinical-category multistate license must meet all of the following 
197.4 	requirements:
197.5 	(1) fulfill a competency requirement, which shall be satisfied by either:
197.6 	(i) passage of a clinical-category qualifying national exam;
197.7 	(ii) licensure of the applicant in their home state at the clinical category, beginning prior 
197.8 	to such time as a qualifying national exam was required by the home state and accompanied 
197.9 	by a period of continuous social work licensure thereafter, all of which may be further 
197.10 	governed by the rules of the Commission; or
197.11 	(iii) the substantial equivalency of the foregoing competency requirements which the 
197.12 	Commission may determine by rule;
197.13 	(2) attain at least a master's degree in social work from a program that is:
197.14 	(i) operated by a college or university recognized by the licensing authority; and
197.15 	(ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting 
197.16 	agency recognized by either:
197.17 	(A) the Council for Higher Education Accreditation or its successor; or
197.18 	(B) the United States Department of Education; and
197.19 	(3) fulfill a practice requirement, which shall be satisfied by demonstrating completion 
197.20 	of:
197.21 	(i) a period of postgraduate supervised clinical practice equal to a minimum of 3,000 
197.22 	hours;
197.23 	(ii) a minimum of two years of full-time postgraduate supervised clinical practice; or
197.24 	(iii) the substantial equivalency of the foregoing practice requirements which the 
197.25 	Commission may determine by rule.
197.26 	(c) An applicant for a master's-category multistate license must meet all of the following 
197.27 	requirements:
197.28 	(1) fulfill a competency requirement, which shall be satisfied by either:
197.29 	(i) passage of a masters-category qualifying national exam;
198.1 	(ii) licensure of the applicant in their home state at the master's category, beginning prior 
198.2 	to such time as a qualifying national exam was required by the home state at the master's 
198.3 	category and accompanied by a continuous period of social work licensure thereafter, all 
198.4 	of which may be further governed by the rules of the Commission; or
198.5 	(iii) the substantial equivalency of the foregoing competency requirements which the 
198.6 	Commission may determine by rule; and
198.7 	(2) attain at least a master's degree in social work from a program that is:
198.8 	(i) operated by a college or university recognized by the licensing authority; and
198.9 	(ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting 
198.10 	agency recognized by either:
198.11 	(A) the Council for Higher Education Accreditation or its successor; or
198.12 	(B) the United States Department of Education.
198.13 	(d) An applicant for a bachelor's-category multistate license must meet all of the following 
198.14 	requirements:
198.15 	(1) fulfill a competency requirement, which shall be satisfied by either:
198.16 	(i) passage of a bachelor's-category qualifying national exam;
198.17 	(ii) licensure of the applicant in their home state at the bachelor's category, beginning 
198.18 	prior to such time as a qualifying national exam was required by the home state and 
198.19 	accompanied by a period of continuous social work licensure thereafter, all of which may 
198.20 	be further governed by the rules of the Commission; or
198.21 	(iii) the substantial equivalency of the foregoing competency requirements which the 
198.22 	Commission may determine by rule; and
198.23 	(2) attain at least a bachelor's degree in social work from a program that is:
198.24 	(i) operated by a college or university recognized by the licensing authority; and
198.25 	(ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting 
198.26 	agency recognized by either:
198.27 	(A) the Council for Higher Education Accreditation or its successor; or
198.28 	(B) the United States Department of Education.
199.1 	(e) The multistate license for a regulated social worker is subject to the renewal 
199.2 	requirements of the home state. The regulated social worker must maintain compliance with 
199.3 	the requirements of paragraph (a) to be eligible to renew a multistate license.
199.4 	(f) The regulated social worker's services in a remote state are subject to that member 
199.5 	state's regulatory authority. A remote state may, in accordance with due process and that 
199.6 	member state's laws, remove a regulated social worker's multistate authorization to practice 
199.7 	in the remote state for a specific period of time, impose fines, and take any other necessary 
199.8 	actions to protect the health and safety of its citizens.
199.9 	(g) If a multistate license is encumbered, the regulated social worker's multistate 
199.10 	authorization to practice shall be deactivated in all remote states until the multistate license 
199.11 	is no longer encumbered.
199.12 	(h) If a multistate authorization to practice is encumbered in a remote state, the regulated 
199.13 	social worker's multistate authorization to practice may be deactivated in that state until the 
199.14 	multistate authorization to practice is no longer encumbered.

199.15 	Sec. 5. [148E.44] ISSUANCE OF A MULTISTATE LICENSE.
199.16 	(a) Upon receipt of an application for multistate license, the home state licensing authority 
199.17 	shall determine the applicant's eligibility for a multistate license in accordance with section 
199.18 	148E.43.
199.19 	(b) If such applicant is eligible pursuant to section 148E.43, the home state licensing 
199.20 	authority shall issue a multistate license that authorizes the applicant or regulated social 
199.21 	worker to practice in all member states under a multistate authorization to practice.
199.22 	(c) Upon issuance of a multistate license, the home state licensing authority shall designate 
199.23 	whether the regulated social worker holds a multistate license in the bachelor's, master's, 
199.24 	or clinical category of social work.
199.25 	(d) A multistate license issued by a home state to a resident in that state shall be 
199.26 	recognized by all Compact member states as authorizing social work practice under a 
199.27 	multistate authorization to practice corresponding to each category of licensure regulated 
199.28 	in each member state.

199.29 	Sec. 6. [148E.45] AUTHORITY OF INTERSTATE COMPACT COMMISSION 
199.30 	AND MEMBER STATE LICENSING AUTHORITIES.
199.31 	(a) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 
199.32 	restrict, or in any way reduce the ability of a member state to enact and enforce laws, 
200.1 	regulations, or other rules related to the practice of social work in that state, where those 
200.2 	laws, regulations, or other rules are not inconsistent with the provisions of this Compact.
200.3 	(b) Nothing in this Compact shall affect the requirements established by a member state 
200.4 	for the issuance of a single state license.
200.5 	(c) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 
200.6 	restrict, or in any way reduce the ability of a member state to take adverse action against a 
200.7 	licensee's single state license to practice social work in that state.
200.8 	(d) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 
200.9 	restrict, or in any way reduce the ability of a remote state to take adverse action against a 
200.10 	licensee's multistate authorization to practice in that state.
200.11 	(e) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 
200.12 	restrict, or in any way reduce the ability of a licensee's home state to take adverse action 
200.13 	against a licensee's multistate license based upon information provided by a remote state.

200.14 	Sec. 7. [148E.46] REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME 
200.15 	STATE.
200.16 	(a) A licensee can hold a multistate license, issued by their home state, in only one 
200.17 	member state at any given time.
200.18 	(b) If a licensee changes their home state by moving between two member states:
200.19 	(1) The licensee shall immediately apply for the reissuance of their multistate license in 
200.20 	their new home state. The licensee shall pay all applicable fees and notify the prior home 
200.21 	state in accordance with the rules of the Commission.
200.22 	(2) Upon receipt of an application to reissue a multistate license, the new home state 
200.23 	shall verify that the multistate license is active, unencumbered, and eligible for reissuance 
200.24 	under the terms of the Compact and the rules of the Commission. The multistate license 
200.25 	issued by the prior home state will be deactivated and all member states notified in 
200.26 	accordance with the applicable rules adopted by the Commission.
200.27 	(3) Prior to the reissuance of the multistate license, the new home state shall conduct 
200.28 	procedures for considering the criminal history records of the licensee. Such procedures 
200.29 	shall include the submission of fingerprints or other biometric-based information by 
200.30 	applicants for the purpose of obtaining an applicant's criminal history record information 
200.31 	from the Federal Bureau of Investigation and the agency responsible for retaining that state's 
200.32 	criminal records.
201.1 	(4) If required for initial licensure, the new home state may require completion of 
201.2 	jurisprudence requirements in the new home state.
201.3 	(5) Notwithstanding any other provision of this Compact, if a licensee does not meet 
201.4 	the requirements set forth in this Compact for the reissuance of a multistate license by the 
201.5 	new home state, then the licensee shall be subject to the new home state requirements for 
201.6 	the issuance of a single state license in that state.
201.7 	(c) If a licensee changes their primary state of residence by moving from a member state 
201.8 	to a nonmember state, or from a nonmember state to a member state, then the licensee shall 
201.9 	be subject to the state requirements for the issuance of a single state license in the new home 
201.10 	state.
201.11 	(d) Nothing in this Compact shall interfere with a licensee's ability to hold a single state 
201.12 	license in multiple states; however, for the purposes of this Compact, a licensee shall have 
201.13 	only one home state, and only one multistate license.
201.14 	(e) Nothing in this Compact shall interfere with the requirements established by a member 
201.15 	state for the issuance of a single state license.

201.16 	Sec. 8. [148E.47] MILITARY FAMILIES.
201.17 	An active military member or their spouse shall designate a home state where the 
201.18 	individual has a multistate license. The individual may retain their home state designation 
201.19 	during the period the service member is on active duty.

201.20 	Sec. 9. [148E.48] ADVERSE ACTIONS.
201.21 	(a) In addition to the other powers conferred by state law, a remote state shall have the 
201.22 	authority, in accordance with existing state due process law, to:
201.23 	(1) take adverse action against a regulated social worker's multistate authorization to 
201.24 	practice only within that member state, and issue subpoenas for both hearings and 
201.25 	investigations that require the attendance and testimony of witnesses as well as the production 
201.26 	of evidence. Subpoenas issued by a licensing authority in a member state for the attendance 
201.27 	and testimony of witnesses or the production of evidence from another member state shall 
201.28 	be enforced in the latter state by any court of competent jurisdiction, according to the practice 
201.29 	and procedure of that court applicable to subpoenas issued in proceedings pending before 
201.30 	it. The issuing licensing authority shall pay any witness fees, travel expenses, mileage, and 
201.31 	other fees required by the service statutes of the state in which the witnesses or evidence 
201.32 	are located; and
202.1 	(2) only the home state shall have the power to take adverse action against a regulated 
202.2 	social worker's multistate license.
202.3 	(b) For purposes of taking adverse action, the home state shall give the same priority 
202.4 	and effect to reported conduct received from a member state as it would if the conduct had 
202.5 	occurred within the home state. In so doing, the home state shall apply its own state laws 
202.6 	to determine appropriate action.
202.7 	(c) The home state shall complete any pending investigations of a regulated social worker 
202.8 	who changes their home state during the course of the investigations. The home state shall 
202.9 	also have the authority to take appropriate action and shall promptly report the conclusions 
202.10 	of the investigations to the administrator of the data system. The administrator of the data 
202.11 	system shall promptly notify the new home state of any adverse actions.
202.12 	(d) A member state, if otherwise permitted by state law, may recover from the affected 
202.13 	regulated social worker the costs of investigations and dispositions of cases resulting from 
202.14 	any adverse action taken against that regulated social worker.
202.15 	(e) A member state may take adverse action based on the factual findings of another 
202.16 	member state, provided that the member state follows its own procedures for taking the 
202.17 	adverse action.
202.18 	(f) Joint investigations:
202.19 	(1) In addition to the authority granted to a member state by its respective social work 
202.20 	practice act or other applicable state law, any member state may participate with other 
202.21 	member states in joint investigations of licensees.
202.22 	(2) Member states shall share any investigative, litigation, or compliance materials in 
202.23 	furtherance of any joint or individual investigation initiated under the Compact.
202.24 	(g) If adverse action is taken by the home state against the multistate license of a regulated 
202.25 	social worker, the regulated social worker's multistate authorization to practice in all other 
202.26 	member states shall be deactivated until all encumbrances have been removed from the 
202.27 	multistate license. All home state disciplinary orders that impose adverse action against the 
202.28 	license of a regulated social worker shall include a statement that the regulated social worker's 
202.29 	multistate authorization to practice is deactivated in all member states until all conditions 
202.30 	of the decision, order, or agreement are satisfied.
202.31 	(h) If a member state takes adverse action, it shall promptly notify the administrator of 
202.32 	the data system. The administrator of the data system shall promptly notify the home state 
202.33 	and all other member states of any adverse actions by remote states.
203.1 	(i) Nothing in this compact shall override a member state's decision that participation 
203.2 	in an alternative program may be used in lieu of adverse action.
203.3 	(j) Nothing in this Compact shall authorize a member state to demand the issuance of 
203.4 	subpoenas for attendance and testimony of witnesses or the production of evidence from 
203.5 	another member state for lawful actions within that member state.
203.6 	(k) Nothing in this Compact shall authorize a member state to impose discipline against 
203.7 	a regulated social worker who holds a multistate authorization to practice for lawful actions 
203.8 	within another member state.

203.9 	Sec. 10. [148E.49] ESTABLISHMENT OF SOCIAL WORK LICENSURE 
203.10 	COMPACT COMMISSION.
203.11 	(a) The Compact member states hereby create and establish a joint government agency 
203.12 	whose membership consists of all member states that have enacted the compact known as 
203.13 	the Social Work Licensure Compact Commission. The Commission is an instrumentality 
203.14 	of the Compact states acting jointly and not an instrumentality of any one state. The 
203.15 	Commission shall come into existence on or after the effective date of the Compact as set 
203.16 	forth in section 148E.53.
203.17 	(b) Membership, voting, and meetings:
203.18 	(1) Each member state shall have and be limited to one delegate selected by that member 
203.19 	state's state licensing authority.
203.20 	(2) The delegate shall be either:
203.21 	(i) a current member of the state licensing authority at the time of appointment, who is 
203.22 	a regulated social worker or public member of the state licensing authority; or
203.23 	(ii) an administrator of the state licensing authority or their designee.
203.24 	(3) The Commission shall by rule or bylaw establish a term of office for delegates and 
203.25 	may by rule or bylaw establish term limits.
203.26 	(4) The Commission may recommend removal or suspension of any delegate from office.
203.27 	(5) A member state's state licensing authority shall fill any vacancy of its delegate 
203.28 	occurring on the Commission within 60 days of the vacancy.
203.29 	(6) Each delegate shall be entitled to one vote on all matters before the Commission 
203.30 	requiring a vote by Commission delegates.
204.1 	(7) A delegate shall vote in person or by such other means as provided in the bylaws. 
204.2 	The bylaws may provide for delegates to meet by telecommunication, video conference, or 
204.3 	other means of communication.
204.4 	(8) The Commission shall meet at least once during each calendar year. Additional 
204.5 	meetings may be held as set forth in the bylaws. The Commission may meet by 
204.6 	telecommunication, video conference, or other similar electronic means.
204.7 	(c) The Commission shall have the following powers:
204.8 	(1) establish the fiscal year of the Commission;
204.9 	(2) establish code of conduct and conflict of interest policies;
204.10 	(3) establish and amend rules and bylaws;
204.11 	(4) maintain its financial records in accordance with the bylaws;
204.12 	(5) meet and take such actions as are consistent with the provisions of this Compact, the 
204.13 	Commission's rules, and the bylaws;
204.14 	(6) initiate and conclude legal proceedings or actions in the name of the Commission, 
204.15 	provided that the standing of any state licensing board to sue or be sued under applicable 
204.16 	law shall not be affected;
204.17 	(7) maintain and certify records and information provided to a member state as the 
204.18 	authenticated business records of the Commission, and designate an agent to do so on the 
204.19 	Commission's behalf;
204.20 	(8) purchase and maintain insurance and bonds;
204.21 	(9) borrow, accept, or contract for services of personnel, including but not limited to 
204.22 	employees of a member state;
204.23 	(10) conduct an annual financial review;
204.24 	(11) hire employees, elect or appoint officers, fix compensation, define duties, grant 
204.25 	such individuals appropriate authority to carry out the purposes of the Compact, and establish 
204.26 	the Commission's personnel policies and programs relating to conflicts of interest, 
204.27 	qualifications of personnel, and other related personnel matters;
204.28 	(12) assess and collect fees;
204.29 	(13) accept any and all appropriate gifts, donations, grants of money, other sources of 
204.30 	revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of 
205.1 	the same, provided that at all times the Commission shall avoid any appearance of 
205.2 	impropriety or conflict of interest;
205.3 	(14) lease, purchase, retain, own, hold, improve, or use any property real, personal, or 
205.4 	mixed, or any undivided interest therein;
205.5 	(15) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of 
205.6 	any property real, personal, or mixed;
205.7 	(16) establish a budget and make expenditures;
205.8 	(17) borrow money;
205.9 	(18) appoint committees, including standing committees, composed of members, state 
205.10 	regulators, state legislators or their representatives, and consumer representatives, and such 
205.11 	other interested persons as may be designated in this Compact and the bylaws;
205.12 	(19) provide and receive information from, and cooperate with, law enforcement agencies;
205.13 	(20) establish and elect an Executive Committee, including a chair and a vice chair;
205.14 	(21) determine whether a state's adopted language is materially different from the model 
205.15 	compact language such that the state would not qualify for participation in the Compact; 
205.16 	and
205.17 	(22) perform such other functions as may be necessary or appropriate to achieve the 
205.18 	purposes of this Compact.
205.19 	(d) The Executive Committee:
205.20 	(1) The Executive Committee shall have the power to act on behalf of the Commission 
205.21 	according to the terms of this Compact. The powers, duties, and responsibilities of the 
205.22 	Executive Committee shall include:
205.23 	(i) oversee the day-to-day activities of the administration of the Compact, including 
205.24 	enforcement and compliance with the provisions of the Compact, its rules and bylaws, and 
205.25 	other such duties as deemed necessary;
205.26 	(ii) recommend to the Commission changes to the rules or bylaws, changes to this 
205.27 	Compact legislation, fees charged to Compact member states, fees charged to licensees, 
205.28 	and other fees;
205.29 	(iii) ensure Compact administration services are appropriately provided, including by 
205.30 	contract;
205.31 	(iv) prepare and recommend the budget;
206.1 	(v) maintain financial records on behalf of the Commission;
206.2 	(vi) monitor Compact compliance of member states and provide compliance reports to 
206.3 	the Commission;
206.4 	(vii) establish additional committees as necessary;
206.5 	(viii) exercise the powers and duties of the Commission during the interim between 
206.6 	Commission meetings, except for adopting or amending rules, adopting or amending bylaws, 
206.7 	and exercising any other powers and duties expressly reserved to the Commission by rule 
206.8 	or bylaw; and
206.9 	(ix) other duties as provided in the rules or bylaws of the Commission.
206.10 	(2) The Executive Committee shall be composed of up to 11 members:
206.11 	(i) the chair and vice chair of the Commission shall be voting members of the Executive 
206.12 	Committee;
206.13 	(ii) the Commission shall elect five voting members from the current membership of 
206.14 	the Commission;
206.15 	(iii) up to four ex-officio, nonvoting members from four recognized national social work 
206.16 	organizations; and
206.17 	(iv) the ex-officio members will be selected by their respective organizations.
206.18 	(3) The Commission may remove any member of the Executive Committee as provided 
206.19 	in the Commission's bylaws.
206.20 	(4) The Executive Committee shall meet at least annually.
206.21 	(i) Executive Committee meetings shall be open to the public, except that the Executive 
206.22 	Committee may meet in a closed, nonpublic meeting as provided in paragraph (f), clause 
206.23 	(2).
206.24 	(ii) The Executive Committee shall give seven days' notice of its meetings posted on its 
206.25 	website and as determined to provide notice to persons with an interest in the business of 
206.26 	the Commission.
206.27 	(iii) The Executive Committee may hold a special meeting in accordance with paragraph 
206.28 	(f), clause (1), item (ii).
206.29 	(e) The Commission shall adopt and provide to the member states an annual report.
206.30 	(f) Meetings of the Commission:
207.1 	(1) All meetings shall be open to the public, except that the Commission may meet in a 
207.2 	closed, nonpublic meeting as provided in paragraph (f), clause (2).
207.3 	(i) Public notice for all meetings of the full Commission of meetings shall be given in 
207.4 	the same manner as required under the rulemaking provisions in section 148E.51, except 
207.5 	that the Commission may hold a special meeting as provided in paragraph (f), clause (1), 
207.6 	item (ii).
207.7 	(ii) The Commission may hold a special meeting when it must meet to conduct emergency 
207.8 	business by giving 48 hours' notice to all commissioners on the Commission's website and 
207.9 	other means as provided in the Commission's rules. The Commission's legal counsel shall 
207.10 	certify that the Commission's need to meet qualifies as an emergency.
207.11 	(2) The Commission or the Executive Committee or other committees of the Commission 
207.12 	may convene in a closed, nonpublic meeting for the Commission or Executive Committee 
207.13 	or other committees of the Commission to receive legal advice or to discuss:
207.14 	(i) noncompliance of a member state with its obligations under the Compact;
207.15 	(ii) the employment, compensation, discipline, or other matters, practices, or procedures 
207.16 	related to specific employees;
207.17 	(iii) current or threatened discipline of a licensee by the Commission or by a member 
207.18 	state's licensing authority;
207.19 	(iv) current, threatened, or reasonably anticipated litigation;
207.20 	(v) negotiation of contracts for the purchase, lease, or sale of goods, services, or real 
207.21 	estate;
207.22 	(vi) accusing any person of a crime or formally censuring any person;
207.23 	(vii) trade secrets or commercial or financial information that is privileged or confidential;
207.24 	(viii) information of a personal nature where disclosure would constitute a clearly 
207.25 	unwarranted invasion of personal privacy;
207.26 	(ix) investigative records compiled for law enforcement purposes;
207.27 	(x) information related to any investigative reports prepared by or on behalf of or for 
207.28 	use of the Commission or other committee charged with responsibility of investigation or 
207.29 	determination of compliance issues pursuant to the Compact;
207.30 	(xi) matters specifically exempted from disclosure by federal or member state law; or
207.31 	(xii) other matters as promulgated by the Commission by rule.
208.1 	(3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that 
208.2 	the meeting will be closed and reference each relevant exempting provision, and such 
208.3 	reference shall be recorded in the minutes.
208.4 	(4) The Commission shall keep minutes that fully and clearly describe all matters 
208.5 	discussed in a meeting and shall provide a full and accurate summary of actions taken, and 
208.6 	the reasons therefore, including a description of the views expressed. All documents 
208.7 	considered in connection with an action shall be identified in such minutes. All minutes and 
208.8 	documents of a closed meeting shall remain under seal, subject to release only by a majority 
208.9 	vote of the Commission or order of a court of competent jurisdiction.
208.10 	(g) Financing of the Commission:
208.11 	(1) The Commission shall pay, or provide for the payment of, the reasonable expenses 
208.12 	of its establishment, organization, and ongoing activities.
208.13 	(2) The Commission may accept any and all appropriate revenue sources as provided 
208.14 	in paragraph (c), clause (13).
208.15 	(3) The Commission may levy on and collect an annual assessment from each member 
208.16 	state and impose fees on licensees of member states to whom it grants a multistate license 
208.17 	to cover the cost of the operations and activities of the Commission and its staff, which 
208.18 	must be in a total amount sufficient to cover its annual budget as approved each year for 
208.19 	which revenue is not provided by other sources. The aggregate annual assessment amount 
208.20 	for member states shall be allocated based upon a formula that the Commission shall 
208.21 	promulgate by rule.
208.22 	(4) The Commission shall not incur obligations of any kind prior to securing the funds 
208.23 	adequate to meet the same; nor shall the Commission pledge the credit of any of the member 
208.24 	states, except by and with the authority of the member state.
208.25 	(5) The Commission shall keep accurate accounts of all receipts and disbursements. The 
208.26 	receipts and disbursements of the Commission shall be subject to the financial review and 
208.27 	accounting procedures established under its bylaws. However, all receipts and disbursements 
208.28 	of funds handled by the Commission shall be subject to an annual financial review by a 
208.29 	certified or licensed public accountant, and the report of the financial review shall be included 
208.30 	in and become part of the annual report of the Commission.
208.31 	(h) Qualified immunity, defense, and indemnification:
208.32 	(1) The members, officers, executive director, employees, and representatives of the 
208.33 	Commission shall be immune from suit and liability, both personally and in their official 
209.1 	capacity, for any claim for damage to or loss of property or personal injury or other civil 
209.2 	liability caused by or arising out of any actual or alleged act, error, or omission  that occurred, 
209.3 	or that the person against whom the claim is made had a reasonable basis for believing 
209.4 	occurred within the scope of Commission employment, duties, or responsibilities, provided 
209.5 	that nothing in this paragraph shall be construed to protect any such person from suit or 
209.6 	liability for any damage, loss, injury, or liability caused by the intentional or willful or 
209.7 	wanton misconduct of that person. The procurement of  insurance of any type by the 
209.8 	Commission shall not in any way compromise or limit the immunity granted hereunder.
209.9 	(2) The Commission shall defend any member, officer, executive director, employee, 
209.10 	and representative of the Commission in any civil action seeking to impose liability arising 
209.11 	out of any actual or alleged act, error, or omission that occurred within the scope of 
209.12 	Commission employment, duties, or responsibilities, or as determined by the Commission 
209.13 	that the person against whom the claim is made had a reasonable basis for believing occurred 
209.14 	within the scope of Commission employment, duties, or responsibilities, provided that 
209.15 	nothing herein shall be construed to prohibit that person from retaining their own counsel 
209.16 	at their own expense, and provided further, that the actual or alleged act, error, or omission 
209.17 	did not result from that person's intentional or willful or wanton misconduct.
209.18 	(3) The Commission shall indemnify and hold harmless any member, officer, executive 
209.19 	director, employee, and representative of the Commission for the amount of any settlement 
209.20 	or judgment obtained against that person arising out of any actual or alleged act, error, or 
209.21 	omission that occurred within the scope of Commission employment, duties, or 
209.22 	responsibilities, or that such person had a reasonable basis for believing occurred within 
209.23 	the scope of Commission employment, duties, or responsibilities, provided that the actual 
209.24 	or alleged act, error, or omission did not result from the intentional or willful or wanton 
209.25 	misconduct of that person.
209.26 	(4) Nothing herein shall be construed as a limitation on the liability of any licensee for 
209.27 	professional malpractice or misconduct, which shall be governed solely by any other 
209.28 	applicable state laws.
209.29 	(5) Nothing in this Compact shall be interpreted to waive or otherwise abrogate a member 
209.30 	state's state action immunity or state action affirmative defense with respect to antitrust 
209.31 	claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or 
209.32 	anticompetitive law or regulation.
209.33 	(6) Nothing in this Compact shall be construed to be a waiver of sovereign immunity 
209.34 	by the member states or by the Commission.
210.1 	(i) Notwithstanding paragraph (h), clause (1), the liability of the executive director, 
210.2 	employees, or representatives of the interstate commission, acting within the scope of their 
210.3 	employment or duties, may not exceed the limits of liability set forth under the constitution 
210.4 	and laws of this state for state officials, employees, and agents. This paragraph expressly 
210.5 	incorporates section 3.736, and neither expands nor limits the rights and remedies provided 
210.6 	under that statute.
210.7 	(j) Except for a claim alleging a violation of this compact, a claim against the commission, 
210.8 	its executive director, employees, or representatives alleging a violation of the constitution 
210.9 	and laws of this state may be brought in any county where the plaintiff resides. Nothing in 
210.10 	this paragraph creates a private right of action.

210.11 	Sec. 11. [148E.50] DATA SYSTEM.
210.12 	(a) The Commission shall provide for the development, maintenance, operation, and  
210.13 	utilization of a coordinated data system.
210.14 	(b) The Commission shall assign each applicant for a multistate license a unique identifier, 
210.15 	as determined by the rules of the Commission.
210.16 	(c) Notwithstanding any other provision of state law to the contrary, a member state 
210.17 	shall submit a uniform data set to the data system on all individuals to whom this Compact 
210.18 	is applicable as required by the rules of the Commission, including:
210.19 	(1) identifying information;
210.20 	(2) licensure data;
210.21 	(3) adverse actions against a license and information related thereto;
210.22 	(4) nonconfidential information related to alternative program participation, the beginning 
210.23 	and ending dates of such participation, and other information related to such participation 
210.24 	not made confidential under member state law;
210.25 	(5) any denial of application for licensure, and the reason for such denial;
210.26 	(6) the presence of current significant investigative information; and
210.27 	(7) other information that may facilitate the administration of this Compact or the 
210.28 	protection of the public, as determined by the rules of the Commission.
210.29 	(d) The records and information provided to a member state pursuant to this Compact 
210.30 	or through the data system, when certified by the Commission or an agent thereof, shall 
210.31 	constitute the authenticated business records of the Commission, and shall be entitled to 
211.1 	any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative 
211.2 	proceedings in a member state.
211.3 	(e) Current significant investigative information pertaining to a licensee in any member 
211.4 	state will only be available to other member states.
211.5 	(f) It is the responsibility of the member states to report any adverse action against a 
211.6 	licensee and to monitor the database to determine whether adverse action has been taken 
211.7 	against a licensee. Adverse action information pertaining to a licensee in any member state 
211.8 	will be available to any other member state.
211.9 	(g) Member states contributing information to the data system may designate information 
211.10 	that may not be shared with the public without the express permission of the contributing 
211.11 	state.
211.12 	(h) Any information submitted to the data system that is subsequently expunged pursuant 
211.13 	to federal law or the laws of the member state contributing the information shall be removed 
211.14 	from the data system.

211.15 	Sec. 12. [148E.51] RULEMAKING.
211.16 	(a) The Commission shall promulgate reasonable rules in order to effectively and 
211.17 	efficiently implement and administer the purposes and provisions of the Compact. A rule 
211.18 	shall be invalid and have no force or effect only if a court of competent jurisdiction holds 
211.19 	that the rule is invalid because the Commission exercised its rulemaking authority in a 
211.20 	manner that is beyond the scope and purposes of the Compact, or the powers granted 
211.21 	hereunder, or based upon another applicable standard of review.
211.22 	(b) The rules of the Commission shall have the force of law in each member state, 
211.23 	provided however that where the rules of the Commission conflict with the laws of the 
211.24 	member state that establish the member state's laws, regulations, and applicable standards 
211.25 	that govern the practice of social work as held by a court of competent jurisdiction, the rules 
211.26 	of the Commission shall be ineffective in that state to the extent of the conflict.
211.27 	(c) The Commission shall exercise its rulemaking powers pursuant to the criteria set 
211.28 	forth in this section and the rules adopted thereunder. Rules shall become binding on the 
211.29 	day following adoption or the date specified in the rule or amendment, whichever is later.
211.30 	(d) If a majority of the legislatures of the member states rejects a rule or portion of a 
211.31 	rule, by enactment of a statute or resolution in the same manner used to adopt the Compact 
211.32 	within four years of the date of adoption of the rule, then such rule shall have no further 
211.33 	force and effect in any member state.
212.1 	(e) Rules shall be adopted at a regular or special meeting of the Commission.
212.2 	(f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and 
212.3 	allow persons to provide oral and written comments, data, facts, opinions, and arguments.
212.4 	(g) Prior to adoption of a proposed rule by the Commission, and at least 30 days in 
212.5 	advance of the meeting at which the Commission will hold a public hearing on the proposed 
212.6 	rule, the Commission shall provide a notice of proposed rulemaking:
212.7 	(1) on the website of the Commission or other publicly accessible platform;
212.8 	(2) to persons who have requested notice of the Commission's notices of proposed 
212.9 	rulemaking; and
212.10 	(3) in such other way as the Commission may by rule specify.
212.11 	(h) The notice of proposed rulemaking shall include:
212.12 	(1) the time, date, and location of the public hearing at which the Commission will hear 
212.13 	public comments on the proposed rule and, if different, the time, date, and location of the 
212.14 	meeting where the Commission will consider and vote on the proposed rule;
212.15 	(2) if the hearing is held via telecommunication, video conference, or other electronic 
212.16 	means, the Commission shall include the mechanism for access to the hearing in the notice 
212.17 	of proposed rulemaking;
212.18 	(3) the text of the proposed rule and the reason therefor;
212.19 	(4) a request for comments on the proposed rule from any interested person; and
212.20 	(5) the manner in which interested persons may submit written comments.
212.21 	(i) All hearings will be recorded. A copy of the recording and all written comments and 
212.22 	documents received by the Commission in response to the proposed rule shall be available 
212.23 	to the public.
212.24 	(j) Nothing in this section shall be construed as requiring a separate hearing on each 
212.25 	rule. Rules may be grouped for the convenience of the Commission at hearings required by 
212.26 	this section.
212.27 	(k) The Commission shall, by majority vote of all members, take final action on the 
212.28 	proposed rule based on the rulemaking record and the full text of the rule.
212.29 	(1) The Commission may adopt changes to the proposed rule, provided the changes do 
212.30 	not enlarge the original purpose of the proposed rule.
213.1 	(2) The Commission shall provide an explanation of the reasons for substantive changes 
213.2 	made to the proposed rule as well as reasons for substantive changes not made that were 
213.3 	recommended by commenters.
213.4 	(3) The Commission shall determine a reasonable effective date for the rule. Except for 
213.5 	an emergency as provided in paragraph (l), the effective date of the rule shall be no sooner 
213.6 	than 30 days after issuing the notice that it adopted or amended the rule.
213.7 	(l) Upon determination that an emergency exists, the Commission may consider and 
213.8 	adopt an emergency rule with 48 hours' notice, with opportunity to comment, provided that 
213.9 	the usual rulemaking procedures provided in the Compact and in this section shall be 
213.10 	retroactively applied to the rule as soon as reasonably possible, in no event later than 90 
213.11 	days after the effective date of the rule. For the purposes of this provision, an emergency 
213.12 	rule is one that must be adopted immediately in order to:
213.13 	(1) meet an imminent threat to public health, safety, or welfare;
213.14 	(2) prevent a loss of Commission or member state funds;
213.15 	(3) meet a deadline for the promulgation of a rule that is established by federal law or 
213.16 	rule; or
213.17 	(4) protect public health and safety.
213.18 	(m) The Commission or an authorized committee of the Commission may direct revisions 
213.19 	to a previously adopted rule for purposes of correcting typographical errors, errors in format, 
213.20 	errors in consistency, or grammatical errors. Public notice of any revisions shall be posted 
213.21 	on the website of the Commission. The revision shall be subject to challenge by any person 
213.22 	for a period of 30 days after posting. The revision may be challenged only on grounds that 
213.23 	the revision results in a material change to a rule. A challenge shall be made in writing and 
213.24 	delivered to the Commission prior to the end of the notice period. If no challenge is made, 
213.25 	the revision will take effect without further action. If the revision is challenged, the revision 
213.26 	may not take effect without the approval of the Commission.
213.27 	(n) No member state's rulemaking requirements shall apply under this compact.

213.28 	Sec. 13. [148E.52] OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT.
213.29 	(a) Oversight:
213.30 	(1) The executive and judicial branches of state government in each member state shall 
213.31 	enforce this Compact and take all actions necessary and appropriate to implement the 
213.32 	Compact.
214.1 	(2) Except as otherwise provided in this Compact, venue is proper and judicial 
214.2 	proceedings by or against the Commission shall be brought solely and exclusively in a court 
214.3 	of competent jurisdiction where the principal office of the Commission is located. The 
214.4 	Commission may waive venue and jurisdictional defenses to the extent it adopts or consents 
214.5 	to participate in alternative dispute resolution proceedings. Nothing herein shall affect or 
214.6 	limit the selection or propriety of venue in any action against a licensee for professional 
214.7 	malpractice, misconduct, or any such similar matter.
214.8 	(3) The Commission shall be entitled to receive service of process in any proceeding 
214.9 	regarding the enforcement or interpretation of the Compact and shall have standing to 
214.10 	intervene in such a proceeding for all purposes. Failure to provide the Commission service 
214.11 	of process shall render a judgment or order void as to the Commission, this Compact, or 
214.12 	promulgated rules.
214.13 	(b) Default, technical assistance, and termination:
214.14 	(1) If the Commission determines that a member state has defaulted in the performance 
214.15 	of its obligations or responsibilities under this Compact or the promulgated rules, the 
214.16 	Commission shall provide written notice to the defaulting state. The notice of default shall 
214.17 	describe the default, the proposed means of curing the default, and any other action that the 
214.18 	Commission may take, and shall offer training and specific technical assistance regarding 
214.19 	the default.
214.20 	(2) The Commission shall provide a copy of the notice of default to the other member 
214.21 	states.
214.22 	(c) If a state in default fails to cure the default, the defaulting state may be terminated 
214.23 	from the Compact upon an affirmative vote of a majority of the delegates of the member 
214.24 	states, and all rights, privileges, and benefits conferred on that state by this Compact may 
214.25 	be terminated on the effective date of termination. A cure of the default does not relieve the 
214.26 	offending state of obligations or liabilities incurred during the period of default.
214.27 	(d) Termination of membership in the Compact shall be imposed only after all other 
214.28 	means of securing compliance have been exhausted. Notice of intent to suspend or terminate 
214.29 	shall be given by the Commission to the governor, the majority and minority leaders of the 
214.30 	defaulting state's legislature, the defaulting state's state licensing authority, and each of the 
214.31 	member states' state licensing authority.
214.32 	(e) A state that has been terminated is responsible for all assessments, obligations, and 
214.33 	liabilities incurred through the effective date of termination, including obligations that 
214.34 	extend beyond the effective date of termination.
215.1 	(f) Upon the termination of a state's membership from this Compact, that state shall 
215.2 	immediately provide notice to all licensees within that state of such termination. The 
215.3 	terminated state shall continue to recognize all licenses granted pursuant to this Compact 
215.4 	for a minimum of six months after the date of said notice of termination.
215.5 	(g) The Commission shall not bear any costs related to a state that is found to be in 
215.6 	default or that has been terminated from the Compact, unless agreed upon in writing between 
215.7 	the Commission and the defaulting state.
215.8 	(h) The defaulting state may appeal the action of the Commission by petitioning the 
215.9 	United States District Court for the District of Columbia or the federal district where the 
215.10 	Commission has its principal offices. The prevailing party shall be awarded all costs of such 
215.11 	litigation, including reasonable attorney fees.
215.12 	(i) Dispute resolution:
215.13 	(1) Upon request by a member state, the Commission shall attempt to resolve disputes 
215.14 	related to the Compact that arise among member states and between member and nonmember 
215.15 	states.
215.16 	(2) The Commission shall promulgate a rule providing for both mediation and binding 
215.17 	dispute resolution for disputes as appropriate.
215.18 	(j) Enforcement:
215.19 	(1) By majority vote as provided by rule, the Commission may initiate legal action 
215.20 	against a member state in default in the United States District Court for the District of 
215.21 	Columbia or the federal district where the Commission has its principal offices to enforce 
215.22 	compliance with the provisions of the Compact and its promulgated rules. The relief sought 
215.23 	may include both injunctive relief and damages. In the event judicial enforcement is 
215.24 	necessary, the prevailing party shall be awarded all costs of such litigation, including 
215.25 	reasonable attorney fees. The remedies herein shall not be the exclusive remedies of the 
215.26 	Commission. The Commission may pursue any other remedies available under federal or 
215.27 	the defaulting member state's law.
215.28 	(2) A member state may initiate legal action against the Commission in the United States 
215.29 	District Court for the District of Columbia or the federal district where the Commission has 
215.30 	its principal offices to enforce compliance with the provisions of the Compact and its 
215.31 	promulgated rules. The relief sought may include both injunctive relief and damages. In the 
215.32 	event judicial enforcement is necessary, the prevailing party shall be awarded all costs of 
215.33 	such litigation, including reasonable attorney fees.
216.1 	(3) No person other than a member state shall enforce this compact against the 
216.2 	Commission.

216.3 	Sec. 14. [148E.53] EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT.
216.4 	(a) The Compact shall come into effect on the date on which the Compact statute is 
216.5 	enacted into law in the seventh member state.
216.6 	(1) On or after the effective date of the Compact, the Commission shall convene and 
216.7 	review the enactment of each of the first seven member states ("charter member states") to 
216.8 	determine if the statute enacted by each such charter member state is materially different 
216.9 	than the model Compact statute.
216.10 	(i) A charter member state whose enactment is found to be materially different from the 
216.11 	model Compact statute shall be entitled to the default process set forth in section 148E.52.
216.12 	(ii) If any member state is later found to be in default, or is terminated or withdraws 
216.13 	from the Compact, the Commission shall remain in existence and the Compact shall remain 
216.14 	in effect even if the number of member states should be less than seven.
216.15 	(2) Member states enacting the compact subsequent to the seven initial charter member 
216.16 	states shall be subject to the process set forth in section 148E.49, paragraph (c), clause (21), 
216.17 	to determine if their enactments are materially different from the model Compact statute 
216.18 	and whether they qualify for participation in the Compact.
216.19 	(3) All actions taken for the benefit of the Commission or in furtherance of the purposes 
216.20 	of the administration of the Compact prior to the effective date of the Compact or the 
216.21 	Commission coming into existence shall be considered to be actions of the Commission 
216.22 	unless specifically repudiated by the Commission.
216.23 	(4) Any state that joins the Compact subsequent to the Commission's initial adoption of 
216.24 	the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on 
216.25 	which the Compact becomes law in that state. Any rule that has been previously adopted 
216.26 	by the Commission shall have the full force and effect of law on the day the Compact 
216.27 	becomes law in that state.
216.28 	(b) Any member state may withdraw from this Compact by enacting a statute repealing 
216.29 	the same.
216.30 	(1) A member state's withdrawal shall not take effect until 180 days after enactment of 
216.31 	the repealing statute.
217.1 	(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's 
217.2 	licensing authority to comply with the investigative and adverse action reporting requirements 
217.3 	of this Compact prior to the effective date of withdrawal.
217.4 	(3) Upon the enactment of a statute withdrawing from this Compact, a state shall 
217.5 	immediately provide notice of such withdrawal to all licensees within that state. 
217.6 	Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing 
217.7 	state shall continue to recognize all licenses granted pursuant to this Compact for a minimum 
217.8 	of 180 days after the date of such notice of withdrawal.
217.9 	(c) Nothing contained in this Compact shall be construed to invalidate or prevent any 
217.10 	licensure agreement or other cooperative arrangement between a member state and a 
217.11 	nonmember state that does not conflict with the provisions of this Compact.
217.12 	(d) This Compact may be amended by the member states. No amendment to this Compact 
217.13 	shall become effective and binding upon any member state until it is enacted into the laws 
217.14 	of all member states.

217.15 	Sec. 15. [148E.54] CONSTRUCTION AND SEVERABILITY.
217.16 	(a) This Compact and the Commission's rulemaking authority shall be liberally construed 
217.17 	so as to effectuate the purposes, and the implementation and administration of the Compact. 
217.18 	Provisions of the Compact expressly authorizing or requiring the promulgation of rules 
217.19 	shall not be construed to limit the Commission's rulemaking authority solely for those 
217.20 	purposes.
217.21 	(b) The provisions of this Compact shall be severable and if any phrase, clause, sentence, 
217.22 	or provision of this Compact is held by a court of competent jurisdiction to be contrary to 
217.23 	the constitution of any member state, a state seeking participation in the Compact, or of the 
217.24 	United States, or the applicability thereof to any government, agency, person or circumstance 
217.25 	is held to be unconstitutional by a court of competent jurisdiction, the validity of the 
217.26 	remainder of this Compact and the applicability thereof to any other government, agency, 
217.27 	person or circumstance shall not be affected thereby.
217.28 	(c) Notwithstanding paragraph (b), the Commission may deny a state's participation in 
217.29 	the Compact or, in accordance with the requirements of section 148E.52, paragraph (b), 
217.30 	terminate a member state's participation in the Compact, if it determines that a constitutional 
217.31 	requirement of a member state is a material departure from the Compact. Otherwise, if this 
217.32 	Compact shall be held to be contrary to the constitution of any member state, the Compact 
218.1 	shall remain in full force and effect as to the remaining member states and in full force and 
218.2 	effect as to the member state affected as to all severable matters.

218.3 	Sec. 16. [148E.55] CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE 
218.4 	LAWS.
218.5 	(a) A licensee providing services in a remote state under a multistate authorization to 
218.6 	practice shall adhere to the laws and regulations, including laws, regulations, and applicable 
218.7 	standards, of the remote state where the client is located at the time care is rendered.
218.8 	(b) Nothing herein shall prevent or inhibit the enforcement of any other law of a member 
218.9 	state that is not inconsistent with the Compact.
218.10 	(c) Any laws, statutes, regulations, or other legal requirements in a member state in 
218.11 	conflict with the Compact are superseded to the extent of the conflict.
218.12 	(d) All permissible agreements between the Commission and the member states are 
218.13 	binding in accordance with their terms.

218.14 	ARTICLE 16
218.15 	APPROPRIATIONS

218.16 	Section 1. COMMISSIONER OF HEALTH.
 218.17 		Subdivision 1.Registration of transfer care specialists. $198,000 in fiscal year 2025 
218.18 	is appropriated from the state government special revenue fund to the commissioner of 
218.19 	health to implement Minnesota Statutes, section 149A.47. The state government special 
218.20 	revenue fund base for this appropriation is $105,000 in fiscal year 2026 and $105,000 in 
218.21 	fiscal year 2027.
218.22 		Subd. 2.Licensure of speech-language pathology assistants. $105,000 in fiscal year 
218.23 	2025 is appropriated from the state government special revenue fund to the commissioner 
218.24 	of health to implement licensing requirements for speech-language pathology assistants 
218.25 	under Minnesota Statutes, section 148.5181. The state government special revenue fund 
218.26 	base for this appropriation is $22,000 in fiscal year 2026 and $22,000 in fiscal year 2027.
218.27 		Subd. 3.Audiology and speech-language interstate compact. $279,000 in fiscal year 
218.28 	2025 is appropriated from the state government special revenue fund to the commissioner 
218.29 	of health to implement the audiology and speech-language pathology interstate compact 
218.30 	under Minnesota Statutes, section 148.5185. The state government special revenue fund 
218.31 	base for this appropriation is $106,000 in fiscal year 2026 and $106,000 in fiscal year 2027.

219.1 	Sec. 2. BOARD OF PSYCHOLOGY; LICENSING REQUIREMENTS FOR 
219.2 	BEHAVIOR ANALYSTS.
 219.3 	$81,000 in fiscal year 2025 is appropriated from the state government special revenue 
219.4 	fund to the Board of Psychology to implement licensing requirements for behavior analysts 
219.5 	under Minnesota Statutes, sections 148.9981 to 148.9995. The state government special 
219.6 	revenue fund base for this appropriation is $47,000 in fiscal year 2026 and $47,000 in fiscal 
219.7 	year 2027.

219.8 	Sec. 3. BOARD OF VETERINARY MEDICINE; LICENSING REQUIREMENTS 
219.9 	FOR VETERINARY TECHNICIANS.
 219.10 	$23,000 in fiscal year 2025 is appropriated from the state government special revenue 
219.11 	fund to the Board of Veterinary Medicine to implement Minnesota Statutes, section 156.077. 
219.12 	The state government special revenue fund base for this appropriation is $52,000 in fiscal 
219.13 	year 2026 and $52,000 in fiscal year 2027.

219.14 	Sec. 4. BOARD OF DENTISTRY.
 219.15 		Subdivision 1.Licensure by credential for dental assistants. $2,000 in fiscal year 
219.16 	2025 is appropriated from the state government special revenue fund to the Board of Dentistry 
219.17 	to implement Minnesota Statutes, section 150A.06, subdivision 8. The state government 
219.18 	special revenue fund base for this appropriation is $3,000 in fiscal year 2026 and $5,000 in 
219.19 	fiscal year 2027.
219.20 		Subd. 2.Dentist and dental hygienist compact. $41,000 in fiscal year 2025 is 
219.21 	appropriated from the state government special revenue fund to the Board of Dentistry to 
219.22 	implement the dentist and dental hygienist compact under Minnesota Statutes, section 
219.23 	150A.051. The state government special revenue fund base for this appropriation is $42,000 
219.24 	in fiscal year 2026 and $42,000 in fiscal year 2027.

219.25 	Sec. 5. BOARD OF MARRIAGE AND FAMILY THERAPY; LICENSED 
219.26 	MARRIAGE AND FAMILY THERAPIST GUEST LICENSE.
 219.27 	$18,000 in fiscal year 2025 is appropriated from the state government special revenue 
219.28 	fund to the Board of Marriage and Family Therapy to implement Minnesota Statutes, section 
219.29 	148B.331. The state government special revenue fund base for this appropriation is $1,000 
219.30 	in fiscal year 2026 and $1,000 in fiscal year 2027.

220.1 	Sec. 6. BOARD OF SOCIAL WORK.
 220.2 		Subdivision 1.Social worker provisional licensing. $133,000 in fiscal year 2025 is 
220.3 	appropriated from the state government special revenue fund to the Board of Social Work 
220.4 	to implement modifications to provisional licensure under Minnesota Statutes, chapters 
220.5 	148D and 148E. The state government special revenue fund base for this appropriation is 
220.6 	$80,000 in fiscal year 2026 and $80,000 in fiscal year 2027.
220.7 		Subd. 2.Social work interstate compact. $3,000 in fiscal year 2025 is appropriated 
220.8 	from the state government special revenue fund to the Board of Social Work to implement 
220.9 	the social work interstate compact under Minnesota Statutes, sections 148E.40 to 148E.55. 
220.10 	The state government special revenue fund base for this appropriation is $149,000 in fiscal 
220.11 	year 2026 and $83,000 in fiscal year 2027.

220.12 	Sec. 7. BOARD OF BEHAVIORAL HEALTH AND THERAPY; LICENSED 
220.13 	PROFESSIONAL COUNSELOR INTERSTATE COMPACT.
220.14 	$159,000 in fiscal year 2025 is appropriated from the state government special revenue 
220.15 	fund to the Board of Behavioral Health and Therapy to implement the licensed professional 
220.16 	counselor interstate compact under Minnesota Statutes, section 148B.75. The state 
220.17 	government special revenue fund base for this appropriation is $95,000 in fiscal year 2026 
220.18 	and $95,000 in fiscal year 2027.

220.19 	Sec. 8. BOARD OF MEDICAL PRACTICE; PHYSICIAN ASSISTANT LICENSURE 
220.20 	COMPACT.
 220.21 	$113,000 in fiscal year 2025 is appropriated from the state government special revenue 
220.22 	fund to the Board of Medical Practice to implement the physician assistant licensure compact 
220.23 	under Minnesota Statutes, section 148.675. The state government special revenue fund base 
220.24 	for this appropriation is $142,000 in fiscal year 2026 and $96,000 in fiscal year 2027.

220.25 	Sec. 9. BOARD OF OCCUPATIONAL THERAPY PRACTICE; OCCUPATIONAL 
220.26 	THERAPY LICENSURE COMPACT.
 220.27 	$143,000 in fiscal year 2025 is appropriated from the state government special revenue 
220.28 	fund to the Board of Occupational Therapy Practice to implement the occupational therapy 
220.29 	licensure compact under Minnesota Statutes, section 148.645. The state government special 
220.30 	revenue fund base for this appropriation is $80,000 in fiscal year 2026 and $80,000 in fiscal 
220.31 	year 2027.

221.1 	Sec. 10. BOARD OF PHYSICAL THERAPY; PHYSICAL THERAPY LICENSURE 
221.2 	COMPACT.
 221.3 	$160,000 in fiscal year 2025 is appropriated from the state government special revenue 
221.4 	fund to the Board of Physical Therapy to implement the physical therapy licensure compact 
221.5 	under Minnesota Statutes, section 148.676. The state government special revenue fund base 
221.6 	for this appropriation is $95,000 in fiscal year 2026 and $95,000 in fiscal year 2027.

221.7 	Sec. 11. EFFECTIVE DATE.
 221.8 	This article is effective July 1, 2024.
221.9 	Delete the title and insert:
221.10 	A bill for an act
221.11 	relating to health occupations; establishing registration for transfer care specialists, 
221.12 	licensure for behavior analysts, licensure for veterinary technicians and a veterinary 
221.13 	institutional license, guest licensure for marriage and family therapists, and licensure 
221.14 	for speech-language pathology assistants; modifying provisions of veterinary 
221.15 	supervision; modifying specialty dentist licensure and dental assistant licensure 
221.16 	by credentials; removing additional collaboration requirements for physician 
221.17 	assistants to provide certain psychiatric treatment; modifying social worker 
221.18 	provisional licensure; creating a licensure compact for physician assistants, 
221.19 	occupational therapists, physical therapists, licensed professional counselors, 
221.20 	audiologists and speech-language pathologists, dentists and dental hygienists, and 
221.21 	social workers; providing for rulemaking; establishing fees; appropriating money;
221.22 	amending Minnesota Statutes 2022, sections 144.0572, subdivision 1; 148.511; 
221.23 	148.512, subdivision 17a; 148.513, subdivisions 1, 2, 3, by adding a subdivision; 
221.24 	148.514, subdivision 2; 148.515, subdivision 1; 148.518; 148.519, subdivision 1, 
221.25 	by adding a subdivision; 148.5191, subdivision 1, by adding a subdivision; 
221.26 	148.5192, subdivisions 1, 2, 3; 148.5193, subdivision 1, by adding a subdivision; 
221.27 	148.5194, subdivision 8, by adding a subdivision; 148.5195, subdivisions 5, 6; 
221.28 	148.5196, subdivision 3; 148D.061, subdivisions 1, 8; 148D.062, subdivisions 3, 
221.29 	4; 148D.063, subdivisions 1, 2; 148E.055, by adding subdivisions; 149A.01, 
221.30 	subdivision 3; 149A.02, subdivision 13a, by adding a subdivision; 149A.03; 
221.31 	149A.09; 149A.11; 149A.60; 149A.61, subdivisions 4, 5; 149A.62; 149A.63; 
221.32 	149A.65, subdivision 2; 149A.70, subdivisions 3, 4, 5, 7; 149A.90, subdivisions 
221.33 	2, 4, 5; 150A.06, subdivisions 1c, 8; 156.001, by adding subdivisions; 156.07; 
221.34 	156.12, subdivisions 2, 4; Minnesota Statutes 2023 Supplement, sections 148.5195, 
221.35 	subdivision 3; 148.5196, subdivision 1; 148B.392, subdivision 2; 245C.031, 
221.36 	subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 148; 
221.37 	148B; 148E; 149A; 150A; 156; repealing Minnesota Statutes 2022, sections 
221.38 	147A.09, subdivision 5; 148D.061, subdivision 9; 156.12, subdivision 6.

222.1	We request the adoption of this report and repassage of the bill.
	
222.2	House Conferees:
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222.3	........
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222.4	Tina Liebling
		Ned Carroll
	
222.5	........
			
222.6	Danny Nadeau
			
222.7	Senate Conferees:
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222.8	........
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222.9	Melissa Wiklund
		Liz Boldon
	
222.10	........
			
222.11	Paul Utke