1.1 	A bill for an act
1.2 	relating to health occupations; establishing transfer care specialist registration; 
1.3 	providing licensure for behavior analysts and assistants; providing licensure for 
1.4 	veterinary technicians; modifying required education criteria for dental assistants; 
1.5 	removing additional collaboration requirements for physician assistants; modifying 
1.6 	social worker provisional licensure; creating guest licensure for marriage and 
1.7 	family therapists; revising the scope of practice for optometrists; creating a limited 
1.8 	license to practice medicine for international medical graduates; establishing 
1.9 	licensure for certified midwives; establishing licensure for speech-language 
1.10 	pathology assistants; creating a licensure compact for physician assistants, 
1.11 	occupational therapists, physical therapists, licensed professional counselors, 
1.12 	audiologists and speech language pathologists, dentists and dental hygienists, and 
1.13 	social workers; establishing fees; appropriating money;amending Minnesota 
1.14 	Statutes 2022, sections 144.0572, subdivision 1; 147.037, by adding a subdivision; 
1.15 	147B.01, subdivisions 3, 4, 9, 14, by adding a subdivision; 147B.03, subdivisions 
1.16 	2, 3; 147B.05, subdivision 1; 147B.06, subdivisions 1, 4, 5; 147D.03, subdivision 
1.17 	1; 148.241; 148.511; 148.512, subdivision 17a; 148.513, subdivisions 1, 2, 3, by 
1.18 	adding a subdivision; 148.514, subdivision 2; 148.515, subdivision 1; 148.518; 
1.19 	148.519, subdivision 1, by adding a subdivision; 148.5191, subdivision 1, by 
1.20 	adding a subdivision; 148.5192, subdivisions 1, 2, 3; 148.5193, subdivision 1, by 
1.21 	adding a subdivision; 148.5194, subdivision 8, by adding a subdivision; 148.5195, 
1.22 	subdivisions 5, 6; 148.5196, subdivision 3; 148.56, subdivision 1; 148D.061, 
1.23 	subdivisions 1, 8; 148D.062, subdivisions 3, 4; 148D.063, subdivisions 1, 2; 
1.24 	148E.055, by adding subdivisions; 149A.01, subdivision 3; 149A.02, subdivision 
1.25 	13a, by adding a subdivision; 149A.03; 149A.09; 149A.11; 149A.60; 149A.61, 
1.26 	subdivisions 4, 5; 149A.62; 149A.63; 149A.65, subdivision 2; 149A.70, 
1.27 	subdivisions 3, 4, 5, 7; 149A.90, subdivisions 2, 4, 5; 150A.06, subdivisions 1c, 
1.28 	8; 151.01, subdivision 23; 152.12, subdivision 1; 156.001, by adding subdivisions; 
1.29 	156.07; 156.12, subdivisions 2, 4; 256B.0625, by adding a subdivision; Minnesota 
1.30 	Statutes 2023 Supplement, sections 144.99, subdivision 1; 148.5195, subdivision 
1.31 	3; 148.5196, subdivision 1; 148B.392, subdivision 2; 245C.031, subdivision 4; 
1.32 	proposing coding for new law in Minnesota Statutes, chapters 148; 148B; 148E; 
1.33 	149A; 150A; 156; proposing coding for new law as Minnesota Statutes, chapter 
1.34 	148G; repealing Minnesota Statutes 2022, sections 147A.09, subdivision 5; 
1.35 	147B.01, subdivision 18; 148D.061, subdivision 9; 156.12, subdivision 6.
2.1 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.2 	ARTICLE 1
2.3 	TRANSFER CARE SPECIALISTS

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

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

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

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

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

6.28 	Sec. 6. Minnesota Statutes 2022, section 149A.11, is amended to read:
6.29 	149A.11 PUBLICATION OF DISCIPLINARY ACTIONS.
6.30 	The regulatory agencies shall report all disciplinary measures or actions taken to the 
6.31 	commissioner. At least annually, the commissioner shall publish and make available to the 
6.32 	public a description of all disciplinary measures or actions taken by the regulatory agencies. 
6.33 	The publication shall include, for each disciplinary measure or action taken, the name and 
7.1 	business address of the licensee or, intern, or transfer care specialist; the nature of the 
7.2 	misconduct,; and the measure or action taken by the regulatory agency.

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

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

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

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

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

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

9.26 	Sec. 13. Minnesota Statutes 2022, section 149A.65, subdivision 2, is amended to read:
9.27 		Subd. 2.Mortuary science fees. Fees for mortuary science are:
9.28 	(1) $75 for the initial and renewal registration of a mortuary science intern;
9.29 	(2) $125 for the mortuary science examination;
9.30 	(3) $200 for issuance of initial and renewal mortuary science licenses;
10.1 	(4) $100 late fee charge for a license renewal; and
10.2 	(5) $250 for issuing a mortuary science license by endorsement.; and
10.3 	(6) $226 for the initial and renewal registration of a transfer care specialist.

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

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

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

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

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

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

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

13.12 	ARTICLE 2
13.13 	BEHAVIOR ANALYST LICENSURE

13.14 	Section 1. [148.9981] DEFINITIONS.
13.15 		Subdivision 1.Scope. For the purposes of sections 148.9981 to 148.9995, the terms in 
13.16 	this section have the meanings given.
13.17 		Subd. 2.Accredited school or educational program. "Accredited school or educational 
13.18 	program" means a school, university, college, or other postsecondary education program 
13.19 	that, at the time the student completes the program, is accredited by a regional accrediting 
13.20 	association whose standards are substantially equivalent to those of the North Central 
13.21 	Association of Colleges and Postsecondary Education Institutions or an accrediting 
13.22 	association that evaluates schools of behavior analysis, psychology, or education for inclusion 
13.23 	of the education, practicum, and core function standards.
13.24 		Subd. 3.Advisory council. "Advisory council" means the Behavior Analyst Advisory 
13.25 	Council established in section 148.9994.
13.26 		Subd. 4.Board. "Board" means the Board of Psychology established in section 148.90.
13.27 		Subd. 5.Certifying entity. "Certifying entity" means the Behavior Analyst Certification 
13.28 	Board, Inc., or a successor organization or other organization approved by the board in 
13.29 	consultation with the advisory council.
13.30 		Subd. 6.Client. "Client" means an individual who is the recipient of behavior analysis 
13.31 	services. Client also means "patient" as defined in section 144.291, subdivision 2, paragraph 
13.32 	(g).
14.1 		Subd. 7.Licensed assistant behavior analyst. "Licensed assistant behavior analyst" 
14.2 	or "assistant behavior analyst" means an individual who holds a valid license issued under 
14.3 	sections 148.9981 to 148.9995 to assist in the practice of applied behavior analysis.
14.4 		Subd. 8.Licensed behavior analyst. "Licensed behavior analyst" or "behavior analyst" 
14.5 	means an individual who holds a valid license issued under sections 148.9981 to 148.9995 
14.6 	to engage in the practice of applied behavior analysis.
14.7 		Subd. 9.Licensee. "Licensee" means an individual who holds a valid license issued 
14.8 	under sections 148.9981 to 148.9995.
14.9 		Subd. 10.Practice of applied behavior analysis. (a) "Practice of applied behavior 
14.10 	analysis" means the design, implementation, and evaluation of social, instructional, and 
14.11 	environmental modifications to produce socially significant improvements in human behavior. 
14.12 	The practice of applied behavior analysis includes the empirical identification of functional 
14.13 	relations between behavior and environmental factors, known as functional behavioral 
14.14 	assessment and analysis. Applied behavior analysis interventions are based on scientific 
14.15 	research, direct and indirect observation, and measurement of behavior and environment 
14.16 	and utilize contextual factors, motivating operations, antecedent stimuli, positive 
14.17 	reinforcement, and other procedures to help individuals develop new behaviors, increase 
14.18 	or decrease existing behaviors, and emit behaviors under specific social, instructional, and 
14.19 	environmental conditions.
14.20 	(b) The practice of applied behavior analysis does not include the diagnosis of psychiatric 
14.21 	or mental health disorders, psychological testing, neuropsychology, psychotherapy, cognitive 
14.22 	therapy, sex therapy, hypnotherapy, psychoanalysis, or psychological counseling.

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

14.24 	Sec. 2. [148.9982] DUTIES OF THE BOARD OF PSYCHOLOGY.
14.25 		Subdivision 1.General. The board, in consultation with the advisory council, must:
14.26 	(1) adopt and enforce standards for licensure, licensure renewal, and the regulation of 
14.27 	behavior analysts and assistant behavior analysts;
14.28 	(2) issue licenses to qualified individuals under sections 148.9981 to 148.9995;
14.29 	(3) carry out disciplinary actions against licensed behavior analysts and assistant behavior 
14.30 	analysts;
15.1 	(4) educate the public about the existence and content of the regulations for behavior 
15.2 	analyst licensing to enable consumers to file complaints against licensees who may have 
15.3 	violated laws or rules the board is empowered to enforce; and
15.4 	(5) collect license fees for behavior analysts and assistant behavior analysts as specified 
15.5 	under section 148.9995.
15.6 		Subd. 2.Rulemaking. (a) The board, in consultation with the advisory council, may 
15.7 	adopt rules necessary to carry out the provisions of sections 148.9981 to 148.9995.
15.8 	(b) The board, in consultation with the advisory council, may adopt rules related to the 
15.9 	supervision requirements for licensed assistant behavior analysts.

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

15.11 	Sec. 3. [148.9983] REQUIREMENTS FOR LICENSURE.
15.12 		Subdivision 1.General. An individual seeking licensure as a behavior analyst or an 
15.13 	assistant behavior analyst must complete and submit a written application on forms provided 
15.14 	by the board together with the appropriate fee as specified under section 148.9995.
15.15 		Subd. 2.Requirements for licensure. (a) An applicant for licensure as a behavior analyst 
15.16 	must submit evidence satisfactory to the board that the applicant:
15.17 	(1) has a current and active national certification as a board-certified behavior analyst 
15.18 	issued by the certifying entity; or
15.19 	(2) has completed the equivalent requirements for certification by the certifying entity, 
15.20 	including satisfactorily passing a psychometrically valid examination administered by a 
15.21 	nationally accredited credentialing organization.
15.22 	(b) An applicant for licensure as an assistant behavior analyst must submit evidence 
15.23 	satisfactory to the board that the applicant:
15.24 	(1) has a current and active national certification as an assistant behavior analyst issued 
15.25 	by the certifying entity; or
15.26 	(2) has completed the equivalent requirements for certification by the certifying entity, 
15.27 	including satisfactorily passing a psychometrically valid examination administered by a 
15.28 	nationally accredited credentialing organization.
15.29 		Subd. 3.Background investigation.  The applicant must complete a background check 
15.30 	pursuant to section 214.075.

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

16.1 	Sec. 4. [148.9984] LICENSE RENEWAL REQUIREMENTS.
16.2 		Subdivision 1.Biennial renewal. A license must be renewed every two years.
16.3 		Subd. 2.License renewal notice. At least 60 calendar days before the renewal deadline 
16.4 	date, the board must mail a renewal notice to the licensee's last known address on file with 
16.5 	the board. The notice must include instructions for accessing an online application for license 
16.6 	renewal, the renewal deadline, and notice of fees required for renewal. The licensee's failure 
16.7 	to receive notice does not relieve the licensee of the obligation to meet the renewal deadline 
16.8 	and other requirements for license renewal.
16.9 		Subd. 3.Renewal requirements. (a) To renew a license, a licensee must submit to the 
16.10 	board:
16.11 	(1) a completed and signed application for license renewal;
16.12 	(2) the license renewal fee as specified under section 148.9995; and
16.13 	(3) evidence satisfactory to the board that the licensee holds a current and active national 
16.14 	certification as a behavior analyst or assistant behavior analyst from the certifying entity or 
16.15 	otherwise meets renewal requirements as established by the board, in consultation with the 
16.16 	advisory council.
16.17 	(b) The application for license renewal and fee must be postmarked or received by the 
16.18 	board by the end of the day on which the license expires or the following business day if 
16.19 	the expiration date falls on a Saturday, Sunday, or holiday. A renewal application that is 
16.20 	not completed and signed, or that is not accompanied by the correct fee, is void and must 
16.21 	be returned to the licensee.
16.22 		Subd. 4.Pending renewal. If a licensee's application for license renewal is postmarked 
16.23 	or received by the board by the end of the business day on the expiration date of the license 
16.24 	or the following business day if the expiration date falls on a Saturday, Sunday, or holiday, 
16.25 	the licensee may continue to practice after the expiration date while the application for 
16.26 	license renewal is pending with the board.
16.27 		Subd. 5.Late renewal fee. If the application for license renewal is postmarked or 
16.28 	received after the expiration date of the license or the following business day if the expiration 
16.29 	date falls on a Saturday, Sunday, or holiday, the licensee must pay a biennial renewal late 
16.30 	fee as specified by section 148.9995, in addition to the renewal fee, before the licensee's 
16.31 	application for license renewal will be considered by the board.

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

17.1 	Sec. 5. [148.9985] EXPIRED LICENSE.
17.2 	(a) Within 30 days after the renewal date, a licensee who has not renewed their license 
17.3 	must be notified by letter, sent to the last known address of the licensee in the board's file, 
17.4 	that the renewal is overdue and that failure to pay the current fee and current biennial renewal 
17.5 	late fee within 60 days after the renewal date will result in termination of the license.
17.6 	(b) The board must terminate the license of a licensee whose license renewal is at least 
17.7 	60 days overdue and to whom notification has been sent as provided in paragraph (a). Failure 
17.8 	of a licensee to receive notification is not grounds for later challenge of the termination. 
17.9 	The former licensee must be notified of the termination by letter within seven days after 
17.10 	board action, in the same manner as provided in paragraph (a).
17.11 	(c) Notwithstanding paragraph (b), the board retains jurisdiction over a former licensee 
17.12 	for complaints received after termination of a license regarding conduct that occurred during 
17.13 	licensure.

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

17.15 	Sec. 6. [148.9986] PROHIBITED PRACTICE OR USE OF TITLES; PENALTY.
17.16 		Subdivision 1.Practice. Effective January 1, 2025, an individual must not engage in 
17.17 	the practice of applied behavior analysis unless the individual is licensed under sections 
17.18 	148.9981 to 148.9995 as a behavior analyst or assistant behavior analyst, or is exempt under 
17.19 	section 148.9987. A psychologist licensed under sections 148.88 to 148.981 who practices 
17.20 	behavior analysis is not required to obtain a license as a behavior analyst under sections 
17.21 	148.9981 to 148.9995.
17.22 		Subd. 2.Use of titles. (a) An individual must not use a title incorporating the words 
17.23 	"licensed behavior analyst," "behavior analyst," "licensed assistant behavior analyst," or 
17.24 	"assistant behavior analyst," or use any other title or description stating or implying that 
17.25 	they are licensed or otherwise qualified to practice applied behavior analysis, unless that 
17.26 	person holds a valid license under sections 148.9981 to 148.9995.
17.27 	(b) Notwithstanding paragraph (a), a licensed psychologist who practices applied behavior 
17.28 	analysis within the psychologist's scope of practice may use the title "behavior analyst," but 
17.29 	must not use the title "licensed behavior analyst" unless the licensed psychologist holds a 
17.30 	valid license as a behavior analyst issued under sections 148.9981 to 148.9995.
17.31 		Subd. 3.Penalty. An individual who violates this section is guilty of a misdemeanor.

17.32 	EFFECTIVE DATE. This section is effective January 1, 2025.

18.1 	Sec. 7. [148.9987] EXCEPTIONS TO LICENSE REQUIREMENT.
18.2 	(a) Sections 148.9981 to 148.9995 must not be construed to prohibit or restrict:
18.3 	(1) the practice of an individual who is licensed to practice psychology in the state or 
18.4 	an individual who is providing psychological services under the supervision of a licensed 
18.5 	psychologist in accordance with section 148.925;
18.6 	(2) the practice of any other profession or occupation licensed, certified, or registered 
18.7 	by the state by an individual duly licensed, certified, or registered to practice the profession 
18.8 	or occupation or to perform any act that falls within the scope of practice of the profession 
18.9 	or occupation;
18.10 	(3) an individual who is employed by a school district from providing behavior analysis 
18.11 	services as part of the individual's employment with the school district, so long as the 
18.12 	individual does not provide behavior analysis services to any person or entity other than as 
18.13 	an employee of the school district or accept remuneration for the provision of behavior 
18.14 	analysis services outside of the individual's employment with the school district;
18.15 	(4) an employee of a program licensed under chapter 245D from providing the services 
18.16 	described in section 245D.091, subdivision 1;
18.17 	(5) teaching behavior analysis or conducting behavior analysis research if the teaching 
18.18 	or research does not involve the direct delivery of behavior analysis services;
18.19 	(6) providing behavior analysis services by an unlicensed supervisee or trainee under 
18.20 	the authority and direction of a licensed behavior analyst or licensed assistant behavior 
18.21 	analyst and in compliance with the licensure and supervision standards required by law or 
18.22 	rule;
18.23 	(7) a family member or guardian of the recipient of behavior analysis services from 
18.24 	performing behavior analysis services under the authority and direction of a licensed behavior 
18.25 	analyst or a licensed assistant behavior analyst; or
18.26 	(8) students or interns enrolled in an accredited school or educational program, or 
18.27 	participating in a behavior analysis practicum, from engaging in the practice of applied 
18.28 	behavior analysis while supervised by a licensed behavior analyst, licensed assistant behavior 
18.29 	analyst, or instructor of an accredited school or educational program. These individuals 
18.30 	must be designated as a behavior analyst student or intern.
18.31 	(b) Notwithstanding paragraph (a), a licensed psychologist may supervise an unlicensed 
18.32 	supervisee, trainee, student, or intern who is engaged in the practice of behavior analysis if 
18.33 	the supervision is authorized under the Minnesota Psychology Practice Act.

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

19.2 	Sec. 8. [148.9988] NONTRANSFERABILITY OF LICENSES.
19.3 	A behavior analyst license or an assistant behavior analyst license is not transferable.

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

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

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

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

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

19.16 	Sec. 11. [148.9991] COMPETENT PROVISION OF SERVICES.
19.17 		Subdivision 1.Limits on practice. Behavior analysts must limit practice to the client 
19.18 	populations and services for which the behavior analysts have competence or for which the 
19.19 	behavior analysts are developing competence.
19.20 		Subd. 2.Developing competence. When a behavior analyst is developing competence 
19.21 	in a service, method, or procedure, or is developing competence to treat a specific client 
19.22 	population, the behavior analyst must obtain professional education, training, continuing 
19.23 	education, consultation, supervision or experience, or a combination thereof, necessary to 
19.24 	demonstrate competence.
19.25 		Subd. 3.Limitations. A behavior analyst must recognize the limitations to the scope of 
19.26 	practice of applied behavior analysis. When the needs of a client appear to be outside the 
19.27 	behavior analyst's scope of practice, the behavior analyst must inform the client that there 
19.28 	may be other professional, technical, community, and administrative resources available to 
20.1 	the client. A behavior analyst must assist with identifying resources when it is in the best 
20.2 	interest of a client to be provided with alternative or complementary services.
20.3 		Subd. 4.Burden of proof. Whenever a complaint is submitted to the board involving 
20.4 	a violation of this section, the burden of proof is on the behavior analyst to demonstrate that 
20.5 	the elements of competence have been reasonably met.

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

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

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

21.17 	Sec. 13. [148.9993] INFORMED CONSENT.
21.18 		Subdivision 1.Obtaining informed consent for services. A behavior analyst must 
21.19 	obtain informed consent from the client or the client's legal guardian before initiating 
21.20 	services. The informed consent must be in writing, signed by the client, and include, at a 
21.21 	minimum, the following:
21.22 	(1) consent for the behavior analyst to engage in activities that directly affect the client;
21.23 	(2) the goals, purposes, and procedures of the proposed services;
21.24 	(3) the factors that may impact the duration of the proposed services;
21.25 	(4) the applicable fee schedule for the proposed services;
21.26 	(5) the significant risks and benefits of the proposed services;
21.27 	(6) the behavior analyst's limits under section 148.9991, including, if applicable, 
21.28 	information that the behavior analyst is developing competence in the proposed service, 
21.29 	method, or procedure, and alternatives to the proposed service, if any; and
21.30 	(7) the behavior analyst's responsibilities if the client terminates the service.
22.1 		Subd. 2.Updating informed consent. If there is a substantial change in the nature or 
22.2 	purpose of a service, the behavior analyst must obtain a new informed consent from the 
22.3 	client.
22.4 		Subd. 3.Emergency or crisis services. Informed consent is not required when a behavior 
22.5 	analyst is providing emergency or crisis services. If services continue after the emergency 
22.6 	or crisis has abated, informed consent must be obtained.

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

22.8 	Sec. 14. [148.9994] BEHAVIOR ANALYST ADVISORY COUNCIL.
22.9 		Subdivision 1.Membership. The Behavior Analyst Advisory Council is created and 
22.10 	composed of seven members appointed by the board. The advisory council consists of:
22.11 	(1) one public member as defined in section 214.02;
22.12 	(2) three members who are licensed behavior analysts;
22.13 	(3) two members who are licensed assistant behavior analysts; and
22.14 	(4) one member who is a licensed psychologist and, to the extent practicable, who 
22.15 	practices applied behavior analysis.
22.16 		Subd. 2.Administration. The advisory council is established and administered under 
22.17 	section 15.059, except that the advisory council does not expire.
22.18 		Subd. 3.Duties. The advisory council must:
22.19 	(1) advise the board regarding standards for behavior analysts and assistant behavior 
22.20 	analysts;
22.21 	(2) assist with the distribution of information regarding behavior analyst standards;
22.22 	(3) advise the board on enforcement of sections 148.9981 to 148.9995;
22.23 	(4) review license applications and license renewal applications and make 
22.24 	recommendations to the board;
22.25 	(5) review complaints and complaint investigation reports and make recommendations 
22.26 	to the board on whether disciplinary action should be taken and, if applicable, what type;
22.27 	(6) advise the board regarding evaluation and treatment protocols; and
22.28 	(7) perform other duties authorized for advisory councils under chapter 214 as directed 
22.29 	by the board to ensure effective oversight of behavior analysts and assistant behavior analysts.

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

23.1 	Sec. 15. [148.9995] FEES.
23.2 		Subdivision 1.Fees. All applicants and licensees must pay fees as follows:
23.3 	(1) application fee, $225;
23.4 	(2) license renewal fee, $225;
23.5 	(3) inactive license renewal fee, $125;
23.6 	(4) biennial renewal late fee, $100;
23.7 	(5) inactive license renewal late fee, $100; and
23.8 	(6) supervisor application processing fee, $225.
23.9 		Subd. 2.Nonrefundable fees. All fees in this section are nonrefundable.
23.10 		Subd. 3.Deposit of fees. Fees collected by the board under this section must be deposited 
23.11 	in the state government special revenue fund.

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

23.13 	Sec. 16. INITIAL APPLIED BEHAVIOR ANALYST ADVISORY COUNCIL.
 23.14 	The Board of Psychology must make the first appointments to the Behavior Analyst 
23.15 	Advisory Council authorized under Minnesota Statutes, section 148.9994, by September 1, 
23.16 	2024. The initial behavior analysts and assistant behavior analysts appointed to the advisory 
23.17 	council need not be licensed under Minnesota Statutes, sections 148.9981 to 148.9995, but 
23.18 	must hold a current and active national certification as a board certified behavior analyst or 
23.19 	a board certified assistant behavior analyst issued by the Behavior Analyst Certification 
23.20 	Board. The chair of the Board of Psychology must convene the first meeting of the council 
23.21 	by September 1, 2024, and must convene subsequent meetings of the council until an 
23.22 	advisory chair is elected. The council must elect a chair from its members by the third 
23.23 	meeting of the council.

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

23.25 	ARTICLE 3
23.26 	BOARD OF VETERINARY MEDICINE

23.27 	Section 1. Minnesota Statutes 2022, section 156.001, is amended by adding a subdivision 
23.28 	to read:
23.29 		Subd. 5a.Direct supervision. "Direct supervision" means:
24.1 	(1) when a supervising veterinarian or licensed veterinary technician is in the immediate 
24.2 	area and within audible or visual range of an animal and the unlicensed veterinary employee 
24.3 	treating the animal;
24.4 	(2) the supervising veterinarian has met the requirements of a veterinarian-client-patient 
24.5 	relationship under section 156.16, subdivision 12; and
24.6 	(3) the supervising veterinarian assumes responsibility for the professional care given 
24.7 	to an animal by a person working under the veterinarian's direction.

24.8 	Sec. 2. Minnesota Statutes 2022, section 156.001, is amended by adding a subdivision to 
24.9 	read:
24.10 		Subd. 7a.Licensed veterinary technician. "Licensed veterinary technician" means a 
24.11 	person licensed by the board under section 156.077.

24.12 	Sec. 3. Minnesota Statutes 2022, section 156.001, is amended by adding a subdivision to 
24.13 	read:
24.14 		Subd. 10b.Remote supervision. "Remote supervision" means:
24.15 	(1) a veterinarian is not on the premises but is acquainted with the keeping and care of 
24.16 	an animal by virtue of an examination of the animal or medically appropriate and timely 
24.17 	visits to the premises where the animal is kept;
24.18 	(2) the veterinarian has given written or oral instructions to a licensed veterinary 
24.19 	technician for ongoing care of an animal and is available by telephone or other form of 
24.20 	immediate communication; and
24.21 	(3) the employee treating the animal timely enters into the animal's medical record 
24.22 	documentation of the treatment provided, and the documentation is reviewed by the 
24.23 	veterinarian.

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

25.1 	Sec. 5. Minnesota Statutes 2022, section 156.07, is amended to read:
25.2 	156.07 LICENSE RENEWAL.
25.3 	Persons licensed under this chapter shall conspicuously display their license in their 
25.4 	principal place of business.
25.5 	Persons now qualified to practice veterinary medicine licensed in this state, or who shall 
25.6 	hereafter be licensed by the Board of Veterinary Medicine to engage in the practice as 
25.7 	veterinarians or veterinary technicians, shall periodically renew their license in a manner 
25.8 	prescribed by the board. The board shall establish license renewal fees and continuing 
25.9 	education requirements. The board may establish, by rule, an inactive license category, at 
25.10 	a lower fee, for licensees not actively engaged in the practice of veterinary medicine or 
25.11 	veterinary technology within the state of Minnesota. The board may assess a charge for 
25.12 	delinquent payment of a renewal fee.
25.13 	Any person who is licensed to practice veterinary medicine or veterinary technology in 
25.14 	this state pursuant to this chapter, shall be entitled to receive a license to continue to practice 
25.15 	upon making application to the board and complying with the terms of this section and rules 
25.16 	of the board.

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

27.1 	Sec. 7. [156.076] DIRECT SUPERVISION; UNLICENSED VETERINARY 
27.2 	EMPLOYEES.
27.3 	(a) An unlicensed veterinary employee may only administer medication or render 
27.4 	auxiliary or supporting assistance under the direct supervision of a licensed veterinarian or 
27.5 	licensed veterinary technician.
27.6 	(b) This section does not prohibit:
27.7 	(1) the performance of generalized nursing tasks ordered by the veterinarian and 
27.8 	performed by an unlicensed employee on inpatient animals during the hours when a 
27.9 	veterinarian is not on the premises; or
27.10 	(2) under emergency conditions, an unlicensed employee from rendering lifesaving aid 
27.11 	and treatment to an animal in the absence of a veterinarian if the animal is in a life-threatening 
27.12 	condition and requires immediate treatment to sustain life or prevent further injury.

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

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

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

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

31.9 	Sec. 12. REPEALER.
 31.10 	Minnesota Statutes 2022, section 156.12, subdivision 6, is repealed.

31.11 	Sec. 13. EFFECTIVE DATE.
 31.12 	(a) Sections 1 to 5 and sections 7 to 9 are effective July 1, 2026.
31.13 	(b) Section 6 and sections 10 to 12 are effective July 1, 2025.

31.14 	ARTICLE 4
31.15 	BOARD OF DENTISTRY

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

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

34.1 	ARTICLE 5
34.2 	PHYSICIAN ASSISTANT PRACTICE

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

34.5 	ARTICLE 6
34.6 	BOARD OF SOCIAL WORK

34.7 	Section 1. Minnesota Statutes 2022, section 148D.061, subdivision 1, is amended to read:
34.8 		Subdivision 1.Requirements for a provisional license. An applicant may be issued a 
34.9 	provisional license if the applicant:
34.10 	(1) was born in a foreign country;
34.11 	(2) communicates in English as a second language;
34.12 	(3) has taken the applicable examination administered by the Association of Social Work 
34.13 	Boards or similar examination body designated by the board;
34.14 	(4)(1) has met the requirements of section 148E.055, subdivision 2, paragraph (a),
34.15 	clauses (1), (3), (4), (5), and (6); or subdivision 3, paragraph (a), clauses (1), (3), (4), (5), 
34.16 	and (6); or subdivision 4, paragraph (a), clauses (1), (2), (4), (5), (6), and (7); or subdivision
34.17 	5, paragraph (a), clauses (1), (2), (3), (5), (6), (7), and (8); and
34.18 	(5) (2) complies with the requirements of subdivisions 2 to 7.

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

34.20 	Sec. 2. Minnesota Statutes 2022, section 148D.061, subdivision 8, is amended to read:
34.21 		Subd. 8.Disciplinary or other action. A licensee who is issued a provisional license 
34.22 	is subject to the grounds for disciplinary action under section 148E.190. The board may 
34.23 	also take action according to sections 148E.260 to 148E.270 if:
34.24 	(1) the licensee's supervisor does not submit an evaluation as required by section 
34.25 	148D.063;
34.26 	(2) an evaluation submitted according to section 148D.063 indicates that the licensee 
34.27 	cannot practice social work competently and ethically; or
34.28 	(3) the licensee does not comply with the requirements of subdivisions 1 to 7.

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

35.1 	Sec. 3. Minnesota Statutes 2022, section 148D.062, subdivision 3, is amended to read:
35.2 		Subd. 3.Types of supervision. (a) Twenty-five hours Half of the supervision hours 
35.3 	required by subdivision 1 must consist of one-on-one in-person supervision. The supervision 
35.4 	must be provided either in person or via eye-to-eye electronic media while maintaining 
35.5 	visual contact.
35.6 	(b) Twelve and one-half hours Half of the supervision hours must consist of one or more 
35.7 	of the following types of supervision:
35.8 	(1) in-person one-on-one supervision provided in person or via eye-to-eye electronic 
35.9 	media while maintaining visual contact; or
35.10 	(2) in-person group supervision provided in person, by telephone, or via eye-to-eye 
35.11 	electronic media while maintaining visual contact.
35.12 	(c) To qualify as in-person Group supervision, the group must not exceed seven members 
35.13 	including the supervisor six supervisees.
35.14 	(d) Supervision must not be provided by email.

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

35.16 	Sec. 4. Minnesota Statutes 2022, section 148D.062, subdivision 4, is amended to read:
35.17 		Subd. 4.Supervisor requirements. (a) The supervision required by subdivision 1 must 
35.18 	be provided by a supervisor who meets the requirements in section 148E.120 and has either:
35.19 	(1) 5,000 hours experience engaged in authorized social work practice; or
35.20 	(2) completed 30 hours of training in supervision, which may be satisfied by completing 
35.21 	academic coursework in supervision or continuing education courses in supervision as 
35.22 	defined in section 148E.010, subdivision 18.
35.23 	(b) Supervision must be provided:
35.24 	(1) if the supervisee is not engaged in clinical practice and the supervisee has a provisional 
35.25 	license to practice as a licensed social worker, by:
35.26 	(i) a licensed social worker who has completed the supervised practice requirements;
35.27 	(ii) a licensed graduate social worker who has completed the supervised practice 
35.28 	requirements;
35.29 	(iii) a licensed independent social worker; or
35.30 	(iv) a licensed independent clinical social worker;
36.1 	(2) if the supervisee is not engaged in clinical practice and the supervisee has a provisional 
36.2 	license to practice as a licensed graduate social worker, licensed independent social worker, 
36.3 	or licensed independent clinical social worker, by:
36.4 	(i) a licensed graduate social worker who has completed the supervised practice 
36.5 	requirements;
36.6 	(ii) a licensed independent social worker; or
36.7 	(iii) a licensed independent clinical social worker;
36.8 	(3) if the supervisee is engaged in clinical practice and the supervisee has a provisional 
36.9 	license to practice as a licensed graduate social worker, licensed independent social worker, 
36.10 	or licensed independent clinical social worker, by a licensed independent clinical social 
36.11 	worker; or
36.12 	(4) by a supervisor who meets the requirements in section 148E.120, subdivision 2.

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

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

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

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

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

38.19 	Sec. 7. Minnesota Statutes 2022, section 148E.055, is amended by adding a subdivision 
38.20 	to read:
38.21 		Subd. 2b.Qualifications for licensure by completion of provisional license 
38.22 	requirements as a licensed social worker (LSW). To be licensed as a licensed social 
38.23 	worker, an applicant for licensure by completion of provisional license requirements must 
38.24 	provide evidence satisfactory to the board that the applicant:
38.25 	(1) completed all requirements under section 148D.061, subdivisions 1 to 6; and
38.26 	(2) continues to meet the requirements of subdivision 2, clauses (1) and (3) to (6).

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

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

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

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

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

39.19 	Sec. 10. Minnesota Statutes 2022, section 148E.055, is amended by adding a subdivision 
39.20 	to read:
39.21 		Subd. 5b.Qualifications for licensure by completion of provisional license 
39.22 	requirements as a licensed independent clinical social worker (LICSW). To be licensed 
39.23 	as a licensed independent clinical social worker, an applicant for licensure by completion 
39.24 	of provisional license requirements must provide evidence satisfactory to the board that the 
39.25 	applicant:
39.26 	(1) completed all requirements under section 148D.061, subdivisions 1 to 6; and
39.27 	(2) continues to meet the requirements of subdivision 5, paragraph (a), clauses (1) to (3) 
39.28 	and (5) to (8).

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

40.1 	Sec. 11. REVISOR INSTRUCTION.
 40.2 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in column 
40.3 	A with the number listed in column B. The revisor shall also make necessary cross-reference 
40.4 	changes in Minnesota Statutes and Minnesota Rules consistent with the renumbering.

40.5	Column A
	Column B
	
40.6	148D.061
	148E.0551
	
40.7	148D.062
	148E.116
	
40.8	148D.063
	148E.126

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

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

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

40.13 	ARTICLE 7
40.14 	BOARD OF MARRIAGE AND FAMILY THERAPY

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

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

41.18 	Sec. 2. Minnesota Statutes 2023 Supplement, section 148B.392, subdivision 2, is amended 
41.19 	to read:
41.20 		Subd. 2.Licensure and application fees. Licensure and application fees established 
41.21 	by the board shall not exceed the following amounts:
41.22 	(1) application fee for national examination is $150;
41.23 	(2) application fee for Licensed Marriage and Family Therapist (LMFT) state examination
41.24 	license is $150;
41.25 	(3) initial LMFT license fee is prorated, but cannot exceed $225;
41.26 	(4) annual renewal fee for LMFT license is $225;
41.27 	(5) late fee for LMFT license renewal is $100;
41.28 	(6) application fee for LMFT licensure by reciprocity is $300;
41.29 	(7) application fee for initial Licensed Associate Marriage and Family Therapist (LAMFT) 
41.30 	license is $100;
41.31 	(8) annual renewal fee for LAMFT license is $100;
42.1 	(9) late fee for LAMFT license renewal is $50;
42.2 	(10) fee for reinstatement of LMFT or LAMFT license is $150;
42.3 	(11) fee for LMFT emeritus license status is $225; and
42.4 	(12) fee for temporary license for members of the military is $100.; and
42.5 	(13) fee for LMFT guest license is $150.

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

42.7 	ARTICLE 8
42.8 	BOARD OF PHARMACY

42.9 	Section 1. Minnesota Statutes 2022, section 151.01, subdivision 23, is amended to read:
42.10 		Subd. 23.Practitioner. "Practitioner" means a licensed doctor of medicine, licensed 
42.11 	doctor of osteopathic medicine duly licensed to practice medicine, licensed doctor of 
42.12 	dentistry, licensed doctor of optometry, licensed podiatrist, licensed veterinarian, licensed 
42.13 	advanced practice registered nurse, licensed certified midwife, or licensed physician assistant. 
42.14 	For purposes of sections 151.15, subdivision 4; 151.211, subdivision 3; 151.252, subdivision 
42.15 	3; 151.37, subdivision 2, paragraph (b); and 151.461, "practitioner" also means a dental 
42.16 	therapist authorized to dispense and administer under chapter 150A. For purposes of sections 
42.17 	151.252, subdivision 3, and 151.461, "practitioner" also means a pharmacist authorized to 
42.18 	prescribe self-administered hormonal contraceptives, nicotine replacement medications, or 
42.19 	opiate antagonists under section 151.37, subdivision 14, 15, or 16.

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

42.21 	ARTICLE 9
42.22 	BOARD OF OPTOMETRY

42.23 	Section 1. Minnesota Statutes 2022, section 148.56, subdivision 1, is amended to read:
42.24 		Subdivision 1.Optometry defined. (a) Any person shall be deemed to be practicing 
42.25 	optometry within the meaning of sections 148.52 to 148.62 who shall in any way:
42.26 	(1) advertise as an optometrist;
42.27 	(2) employ any means, including the use of autorefractors or other automated testing 
42.28 	devices, for the measurement of the powers of vision or the adaptation of lenses or prisms 
42.29 	for the aid thereof;
42.30 	(3) possess testing appliances for the purpose of the measurement of the powers of vision;
43.1 	(4) diagnose any disease, optical deficiency or deformity, or visual or muscular anomaly 
43.2 	of the visual system consisting of the human eye and its accessory or subordinate anatomical 
43.3 	parts;
43.4 	(5) prescribe lenses, including plano or cosmetic contact lenses, or prisms for the 
43.5 	correction or the relief of same;
43.6 	(6) employ or prescribe ocular exercises, orthoptics, or habilitative and rehabilitative 
43.7 	therapeutic vision care; or
43.8 	(7) prescribe or administer legend drugs to aid in the diagnosis, cure, mitigation, 
43.9 	prevention, treatment, or management of disease, deficiency, deformity, or abnormality of 
43.10 	the human eye and adnexa included in the curricula of accredited schools or colleges of 
43.11 	optometry, and as limited by Minnesota statute and adopted rules by the Board of Optometry, 
43.12 	or who holds oneself out as being able to do so.
43.13 	(b) In the course of treatment, nothing in this section shall allow:
43.14 	(1) legend drugs to be administered intravenously, intramuscularly, or by injection, 
43.15 	except for treatment of anaphylaxis;
43.16 	(2) invasive surgery including, but not limited to, surgery using lasers;
43.17 	(3) Schedule II and III oral legend drugs and oral steroids to be administered or 
43.18 	prescribed; or
43.19 	(4) oral antivirals to be prescribed or administered for more than ten days; or steroids 
43.20 	to be prescribed or administered for more than 14 days without consultation with a physician.
43.21 	(5) oral carbonic anhydrase inhibitors to be prescribed or administered for more than 
43.22 	seven days.

43.23 	ARTICLE 10
43.24 	BOARD OF MEDICAL PRACTICE

43.25 	Section 1. Minnesota Statutes 2023 Supplement, section 144.99, subdivision 1, is amended 
43.26 	to read:
43.27 		Subdivision 1.Remedies available. The provisions of chapters 103I and 157 and sections 
43.28 	115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14), 
43.29 	and (15); 144.1201 to 144.1204; 144.121; 144.1215; 144.1222; 144.35; 144.381 to 144.385; 
43.30 	144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9512; 144.97 to 144.98; 
43.31 	144.992;147.037, subdivision 1b, paragraph (c); 326.70 to 326.785; 327.10 to 327.131; 
44.1 	and 327.14 to 327.28 and all rules, orders, stipulation agreements, settlements, compliance 
44.2 	agreements, licenses, registrations, certificates, and permits adopted or issued by the 
44.3 	department or under any other law now in force or later enacted for the preservation of 
44.4 	public health may, in addition to provisions in other statutes, be enforced under this section.

44.5 	EFFECTIVE DATE. This section is effective January 1, 2025.

44.6 	Sec. 2. Minnesota Statutes 2022, section 147.037, is amended by adding a subdivision to 
44.7 	read:
44.8 		Subd. 1b.Limited license. (a) The board must issue a limited license to any person who 
44.9 	satisfies the requirements of subdivision 1, paragraphs (a) to (c) and (e) to (g), and who:
44.10 	(1) pursuant to a license or other authorization to practice, has practiced medicine, as 
44.11 	defined in section 147.081, subdivision 3, clauses (2) to (4), for at least 60 months in the 
44.12 	previous ten years outside of the United States;
44.13 	(2) submits sufficient evidence of an offer to practice within the context of a collaborative 
44.14 	agreement within a hospital or clinical setting where the limited license holder and physicians 
44.15 	work together to provide patient care;
44.16 	(3) provides services in a designated rural area or underserved urban community as 
44.17 	defined in section 144.1501; and
44.18 	(4) submits two letters of recommendation in support of a limited license, which must 
44.19 	include one letter from a physician with whom the applicant previously worked and one 
44.20 	letter from an administrator of the hospital or clinical setting in which the applicant previously 
44.21 	worked. The letters of recommendation must attest to the applicant's good medical standing.
44.22 	(b) A person issued a limited license under this subdivision must not be required to 
44.23 	present evidence satisfactory to the board of the completion of one year of graduate clinical 
44.24 	medical training in a program accredited by a national accrediting organization approved 
44.25 	by the board.
44.26 	(c) An employer of a limited license holder must pay the limited license holder at least 
44.27 	an amount equivalent to a medical resident in a comparable field. The employer must carry 
44.28 	medical malpractice insurance covering a limited license holder for the duration of the 
44.29 	employment. The commissioner of health may issue a correction order under section 144.99, 
44.30 	subdivision 3, requiring an employer to comply with this paragraph. An employer must not 
44.31 	retaliate against or discipline an employee for raising a complaint or pursuing enforcement 
44.32 	relating to this paragraph.
45.1 	(d) The board must issue a full and unrestricted license to practice medicine to a person 
45.2 	who holds a limited license issued pursuant to paragraph (a) and who has:
45.3 	(1) held the limited license for two years and is in good standing to practice medicine 
45.4 	in this state;
45.5 	(2) practiced for a minimum of 1,692 hours per year for each of the previous two years; 
45.6 	and
45.7 	(3) submitted a letter of recommendation in support of a full and unrestricted license 
45.8 	from any physician who participated in the collaborative agreement.
45.9 	(e) A limited license holder must submit to the board, every six months or upon request, 
45.10 	a statement certifying whether the person is still employed as a physician in this state and 
45.11 	whether the person has been subjected to professional discipline as a result of the person's 
45.12 	practice. The board may suspend or revoke a limited license if a majority of the board 
45.13 	determines that the licensee is no longer employed as a physician in this state by an employer. 
45.14 	The licensee must be granted an opportunity to be heard prior to the board's determination. 
45.15 	A licensee may change employers during the duration of the limited license if the licensee 
45.16 	has another offer of employment. In the event that a change of employment occurs, the 
45.17 	licensee must still work the number of hours required under paragraph (d), clause (2), to be 
45.18 	eligible for a full and unrestricted license to practice medicine.
45.19 	(f) For purposes of this subdivision, "collaborative agreement" means a mutually agreed 
45.20 	upon plan for the overall working relationship and collaborative arrangement between a 
45.21 	holder of a limited license and one or more physicians licensed under this chapter that 
45.22 	designates the scope of services that can be provided to manage the care of patients. The 
45.23 	limited license holder and one of the collaborating physicians must have experience in 
45.24 	providing care to patients with the same or similar medical conditions. A limited license 
45.25 	holder may practice medicine without a collaborating physician physically present, but the 
45.26 	limited license holder and collaborating physicians must be able to easily contact each other 
45.27 	by radio, telephone, or other telecommunication device while the limited license holder 
45.28 	practices medicine. The limited license holder must have one-on-one practice reviews with 
45.29 	each collaborating physician, provided in person or through eye-to-eye electronic media 
45.30 	while maintaining visual contact, for at least two hours per month.
45.31 	(g) The board must not grant a license under this section unless the applicant possesses 
45.32 	federal immigration status that allows the applicant to practice as a physician in the United 
45.33 	States.

45.34 	EFFECTIVE DATE. This section is effective January 1, 2025.

46.1 	Sec. 3. Minnesota Statutes 2022, section 147B.01, is amended by adding a subdivision to 
46.2 	read:
46.3 		Subd. 2a.Acupuncture. "Acupuncture" means a unique treatment technique that uses 
46.4 	modern and traditional medical methods of diagnosis and treatment. It includes the insertion 
46.5 	of filiform or acupuncture needles through the skin and may include the use of other 
46.6 	biophysical methods of acupuncture point stimulation, including the use of heat, massage, 
46.7 	or manual therapy techniques or electrical stimulation. Acupuncture includes but is not 
46.8 	limited to therapies termed "dry needling," "trigger point therapy," "intramuscular therapy," 
46.9 	"auricular detox treatment," and similar terms referring to the insertion of needles past the 
46.10 	skin for pain management, disease or symptom modification, or other related treatments.

46.11 	Sec. 4. Minnesota Statutes 2022, section 147B.01, subdivision 3, is amended to read:
46.12 		Subd. 3.Acupuncture and herbal medicine practice. "Acupuncture and herbal medicine
46.13 	practice" means a comprehensive system of primary health care using Oriental medical 
46.14 	theory and its unique methods of diagnosis and treatment. Its treatment techniques include 
46.15 	the insertion of acupuncture needles through the skin and the use of other biophysical 
46.16 	methods of acupuncture point stimulation, including the use of heat, Oriental massage 
46.17 	techniques, electrical stimulation, herbal supplemental therapies, dietary guidelines, breathing 
46.18 	techniques, and exercise based on Oriental medical principles that uses traditional and 
46.19 	modern diagnosis, methodology, and treatment techniques based on acupuncture and herbal 
46.20 	medicine theory, principles, and methods. Treatment techniques include but are not limited 
46.21 	to acupuncture, cupping, dermal friction, therapeutic massage, herbal therapies, dietary 
46.22 	guidelines, mind-body exercises, and other appropriate techniques.

46.23 	Sec. 5. Minnesota Statutes 2022, section 147B.01, subdivision 4, is amended to read:
46.24 		Subd. 4.Acupuncture needle. "Acupuncture needle" means a needle designed 
46.25 	exclusively for acupuncture the purposes of insertion past the skin to alleviate pain, provide 
46.26 	symptom relief, or modulate disease processes. It has a solid core, with a tapered point, and 
46.27 	is 0.12 mm to 0.45 mm in thickness. It is constructed of stainless steel, gold, silver, or other 
46.28 	board-approved materials as long as the materials can be sterilized according to 
46.29 	recommendations of the National Centers for Disease Control and Prevention.

46.30 	Sec. 6. Minnesota Statutes 2022, section 147B.01, subdivision 9, is amended to read:
46.31 		Subd. 9.Breathing techniques. "Breathing techniques" means Oriental breathing 
46.32 	exercises taught to a patient as part of a treatment plan.

47.1 	Sec. 7. Minnesota Statutes 2022, section 147B.01, subdivision 14, is amended to read:
47.2 		Subd. 14.Herbal therapies or herbal medicine. "Herbal therapies" are or "herbal 
47.3 	medicine" means the use of herbs and patent herbal remedies as supplements as part of the 
47.4 	treatment plan of the patient.

47.5 	Sec. 8. Minnesota Statutes 2022, section 147B.03, subdivision 2, is amended to read:
47.6 		Subd. 2.Board approval. The board shall approve a continuing education program if 
47.7 	the program meets the following requirements:
47.8 	(1) it directly relates to the practice of acupuncture;
47.9 	(2) each member of the faculty shows expertise in the subject matter by holding a degree 
47.10 	or certificate from an educational institution, has verifiable experience in traditional Oriental
47.11 	acupuncture and herbal medicine, or has special training in the subject area;
47.12 	(3) the program lasts at least one contact hour;
47.13 	(4) there are specific written objectives describing the goals of the program for the 
47.14 	participants; and
47.15 	(5) the program sponsor maintains attendance records for four years.

47.16 	Sec. 9. Minnesota Statutes 2022, section 147B.03, subdivision 3, is amended to read:
47.17 		Subd. 3.Continuing education topics. (a) Continuing education program topics may 
47.18 	include, but are not limited to, Oriental medical acupuncture and herbal medicine theory 
47.19 	and techniques including Oriental massage; Oriental nutrition; Oriental herbology and diet 
47.20 	therapy; Oriental exercise; western sciences such as anatomy, physiology, biochemistry, 
47.21 	microbiology, psychology, nutrition,and history of medicine; and medical terminology or 
47.22 	coding.
47.23 	(b) Practice management courses are excluded under this section.

47.24 	Sec. 10. Minnesota Statutes 2022, section 147B.05, subdivision 1, is amended to read:
47.25 		Subdivision 1.Creation. The advisory council to the Board of Medical Practice for 
47.26 	acupuncture consists of seven members appointed by the board to three-year terms. Four 
47.27 	members must be licensed acupuncture practitioners licensed in Minnesota, one member 
47.28 	must be a licensed physician or osteopathic physician who also practices acupuncture, one 
47.29 	member must be a licensed chiropractor who is NCCAOM certified, and one member must 
48.1 	be a member of the public who has received acupuncture treatment as a primary therapy 
48.2 	from a NCCAOM certified acupuncturist.

48.3 	Sec. 11. Minnesota Statutes 2022, section 147B.06, subdivision 1, is amended to read:
48.4 		Subdivision 1.Practice standards. (a) Before treatment of a patient, an acupuncture 
48.5 	practitioner shall ask whether the patient has been examined by a licensed physician or other 
48.6 	professional, as defined by section 145.61, subdivision 2, with regard to the patient's illness 
48.7 	or injury, and shall review the diagnosis as reported.
48.8 	(b) The practitioner shall obtain informed consent from the patient, after advising the 
48.9 	patient of the following information which must be supplied to the patient in writing before 
48.10 	or at the time of the initial visit:
48.11 	(1) the practitioner's qualifications including:
48.12 	(i) education;
48.13 	(ii) license information; and
48.14 	(iii) outline of the scope of practice of acupuncturists in Minnesota; and
48.15 	(2) side effects which may include the following:
48.16 	(i) some pain in the treatment area;
48.17 	(ii) minor bruising;
48.18 	(iii) infection;
48.19 	(iv) needle sickness; or
48.20 	(v) broken needles.
48.21 	(c) The practitioner shall obtain acknowledgment by the patient in writing that the patient 
48.22 	has been advised to consult with the patient's primary care physician about the acupuncture 
48.23 	treatment if the patient circumstances warrant or the patient chooses to do so.
48.24 	(d) (c) The practitioner shall inquire whether the patient has a pacemaker or bleeding 
48.25 	disorder.

48.26 	Sec. 12. Minnesota Statutes 2022, section 147B.06, subdivision 4, is amended to read:
48.27 		Subd. 4.Scope of practice. The scope of practice of acupuncture and herbal medicine 
48.28 	includes, but is not limited to, the following:
49.1 	(1) using Oriental medical theory to assess and diagnose a patient evaluation, 
49.2 	management, and treatment services using methods and techniques described in section 
49.3 	147B.01, subdivisions 2a, 3, and 14;
49.4 	(2) using Oriental medical theory to develop a plan to treat a patient. The treatment 
49.5 	techniques that may be chosen include: diagnostic examination, testing, and procedures 
49.6 	including physical examination, basic diagnostic imaging, and basic laboratory or other 
49.7 	diagnostic tests for the purposes of guiding treatment within the scope of practice of 
49.8 	acupuncture, herbal medicine, and herbal therapies, as described in section 147B.01, 
49.9 	subdivisions 2a, 3, and 14, provided that when results fall outside of the education, training, 
49.10 	and expertise of the licensed acupuncturists, or suggest serious or emergent conditions, the 
49.11 	acupuncturist will facilitate referrals to other appropriate health care providers;
49.12 	(i) insertion of sterile acupuncture needles through the skin;
49.13 	(ii) acupuncture stimulation including, but not limited to, electrical stimulation or the 
49.14 	application of heat;
49.15 	(iii) cupping;
49.16 	(iv) dermal friction;
49.17 	(v) acupressure;
49.18 	(vi) herbal therapies;
49.19 	(vii) dietary counseling based on traditional Chinese medical principles;
49.20 	(viii) breathing techniques;
49.21 	(ix) exercise according to Oriental medical principles; or
49.22 	(x) Oriental massage.
49.23 	(3) services included in the practice of acupuncture and herbal medicine, as defined in 
49.24 	section 147B.01, subdivision 3;
49.25 	(4) stimulation of acupuncture points, areas of the body, or substances in the body using 
49.26 	acupuncture needles, heat, cold, color, light, infrared and ultraviolet, low-level or cold lasers, 
49.27 	sound, vibration, pressure, magnetism, electricity, electromagnetic energy, bleeding, suction, 
49.28 	or other devices or means;
49.29 	(5) use of physical medicine modalities, procedures, and devices such as cupping, dermal 
49.30 	friction, acupressure, and massage, as described in section 147B.01, subdivisions 2a, 3, and 
49.31 	14;
50.1 	(6) use of therapeutic exercises, breathing techniques, meditation, and biofeedback 
50.2 	devices and other devices that utilize heat, cold, color, light, infrared and ultraviolet, low-level 
50.3 	or cold lasers, sound, vibration, pressure, magnetism, electricity, and electromagnetic energy 
50.4 	for therapeutic purposes;
50.5 	(7) dietary counseling using methods and techniques of acupuncture and herbal medicine; 
50.6 	and
50.7 	(8) counseling and education regarding physical, emotional, and spiritual balance in 
50.8 	lifestyle using methods and techniques described in section 147B.01, subdivision 3.

50.9 	Sec. 13. Minnesota Statutes 2022, section 147B.06, subdivision 5, is amended to read:
50.10 		Subd. 5.Patient records. An acupuncturist shall maintain a patient record for each 
50.11 	patient treated, including:
50.12 	(1) a copy of the informed consent;
50.13 	(2) evidence of a patient interview concerning the patient's medical history and current 
50.14 	physical condition;
50.15 	(3) evidence of a traditional acupuncture examination and diagnosis;
50.16 	(4) record of the treatment including points treated; and
50.17 	(5) evidence of evaluation and instructions given to the patient.

50.18 	Sec. 14. REPEALER.
 50.19 	Minnesota Statutes 2022, section 147B.01, subdivision 18, is repealed.

50.20 	ARTICLE 11
50.21 	BOARD OF NURSING

50.22 	Section 1. Minnesota Statutes 2022, section 147D.03, subdivision 1, is amended to read:
50.23 		Subdivision 1.General. Within the meaning of sections 147D.01 to 147D.27, a person 
50.24 	who shall publicly profess to be a traditional midwife and who, for a fee, shall assist or 
50.25 	attend to a woman in pregnancy, childbirth outside a hospital, and postpartum, shall be 
50.26 	regarded as practicing traditional midwifery. A certified midwife licensed by the Board of 
50.27 	Nursing under chapter 148G is not subject to the provisions of this chapter.

51.1 	Sec. 2. Minnesota Statutes 2022, section 148.241, is amended to read:
51.2 	148.241 EXPENSES.
51.3 		Subdivision 1.Appropriation. The expenses of administering sections 148.171 to 
51.4 	148.285and chapter 148G shall be paid from the appropriation made to the Minnesota 
51.5 	Board of Nursing.
51.6 		Subd. 2.Expenditure. All amounts appropriated to the board shall be held subject to 
51.7 	the order of the board to be used only for the purpose of meeting necessary expenses incurred 
51.8 	in the performance of the purposes of sections 148.171 to 148.285 and chapter 148G, and 
51.9 	the duties imposed thereby as well as the promotion of nursing or certified midwifery 
51.10 	education and standards of nursing or certified midwifery care in this state.

51.11 	Sec. 3. [148G.01] TITLE.
51.12 	This chapter shall be referred to as the Minnesota Certified Midwife Practice Act.

51.13 	Sec. 4. [148G.02] SCOPE.
51.14 	This chapter applies to all applicants and licensees, all persons who use the title certified 
51.15 	midwife, and all persons in or out of this state who provide certified midwifery services to 
51.16 	patients who reside in this state, unless there are specific applicable exemptions provided 
51.17 	by law.

51.18 	Sec. 5. [148G.03] DEFINITIONS.
51.19 		Subdivision 1.Scope. For purposes of this chapter, the definitions in this section have 
51.20 	the meanings given.
51.21 		Subd. 2.Board. "Board" means the Minnesota Board of Nursing.
51.22 		Subd. 3.Certification. "Certification" means the formal recognition by the American 
51.23 	Midwifery Certification Board of the knowledge, skills, and experience demonstrated by 
51.24 	the achievement of standards identified by the American College of Nurse Midwives or any 
51.25 	successor organization.
51.26 		Subd. 4.Certified midwife. "Certified midwife" means an individual who holds a current 
51.27 	and valid national certification as a certified midwife from the American Midwifery 
51.28 	Certification Board or any successor organization, and who is licensed by the board under 
51.29 	this chapter.
51.30 		Subd. 5.Certified midwifery practice. "Certified midwifery practice" means:
52.1 	(1) managing, diagnosing, and treating women's primary health care, including pregnancy, 
52.2 	childbirth, postpartum period, care of the newborn, family planning, partner care management 
52.3 	relating to sexual health, and gynecological care of women across the life span;
52.4 	(2) ordering, performing, supervising, and interpreting diagnostic studies within the 
52.5 	scope of certified midwifery practice, excluding interpreting computed tomography scans, 
52.6 	magnetic resonance imaging scans, positron emission tomography scans, nuclear scans, and 
52.7 	mammography;
52.8 	(3) prescribing pharmacologic and nonpharmacologic therapies appropriate to midwifery 
52.9 	practice;
52.10 	(4) consulting with, collaborating with, or referring to other health care providers as 
52.11 	warranted by the needs of the patient; and
52.12 	(5) performing the role of educator in the theory and practice of midwifery.
52.13 		Subd. 6.Collaborating. "Collaborating" means the process in which two or more health 
52.14 	care professionals work together to meet the health care needs of a patient, as warranted by 
52.15 	the needs of the patient.
52.16 		Subd. 7.Consulting. "Consulting" means the process in which a certified midwife who 
52.17 	maintains primary management responsibility for a patient's care seeks advice or opinion 
52.18 	of a physician, an advanced practice registered nurse, or another member of the health care 
52.19 	team.
52.20 		Subd. 8.Encumbered. "Encumbered" means: (1) a license or other credential that is 
52.21 	revoked, suspended, or contains limitations on the full and unrestricted practice of certified 
52.22 	midwifery when the revocation, suspension, or limitation is imposed by a state licensing 
52.23 	board or other state regulatory entity; or (2) a license or other credential that is voluntarily 
52.24 	surrendered.
52.25 		Subd. 9.Licensure period. "Licensure period" means the interval of time during which 
52.26 	the certified midwife is authorized to engage in certified midwifery. The initial licensure 
52.27 	period is from six to 29 full calendar months starting on the day of licensure and ending on 
52.28 	the last day of the certified midwife's month of birth in an even-numbered year if the year 
52.29 	of birth is an even-numbered year, or in an odd-numbered year if the year of birth is in an 
52.30 	odd-numbered year. Subsequent licensure renewal periods are 24 months. For licensure 
52.31 	renewal, the period starts on the first day of the month following expiration of the previous 
52.32 	licensure period. The period ends the last day of the certified midwife's month of birth in 
52.33 	an even- or odd-numbered year according to the certified midwife's year of birth.
53.1 		Subd. 10.Licensed practitioner. "Licensed practitioner" means a physician licensed 
53.2 	under chapter 147, an advanced practice registered nurse licensed under sections 148.171 
53.3 	to 148.235, or a certified midwife licensed under this chapter.
53.4 		Subd. 11.Midwifery education program. "Midwifery education program" means a 
53.5 	university or college that provides a program of theory and practice that leads to the 
53.6 	preparation and eligibility for certification in midwifery and is accredited  by the Accreditation 
53.7 	Commission for Midwifery Education or any successor organization recognized by the 
53.8 	United States Department of Education or the Council for Higher Education Accreditation.
53.9 		Subd. 12.Patient. "Patient" means a recipient of care provided by a certified midwife, 
53.10 	including an individual, family, group, or community.
53.11 		Subd. 13.Prescribing. "Prescribing" means the act of generating a prescription for the 
53.12 	preparation of, use of, or manner of using a drug or therapeutic device under section 148G.09. 
53.13 	Prescribing does not include recommending the use of a drug or therapeutic device that is 
53.14 	not required by the federal Food and Drug Administration to meet the labeling requirements 
53.15 	for prescription drugs and devices.
53.16 		Subd. 14.Prescription. "Prescription" means a written direction or an oral direction 
53.17 	reduced to writing provided to or for a patient for the preparation or use of a drug or 
53.18 	therapeutic device. The requirements of section 151.01, subdivisions 16, 16a, and 16b, apply 
53.19 	to prescriptions for drugs.
53.20 		Subd. 15.Referral. "Referral" means the process in which a certified midwife directs 
53.21 	a patient to a physician or another health care professional for management of a particular 
53.22 	problem or aspect of the patient's care.
53.23 		Subd. 16.Supervision. "Supervision" means monitoring and establishing the initial 
53.24 	direction, setting expectations, directing activities and courses of action, evaluating, and 
53.25 	changing a course of action in certified midwifery care.

53.26 	Sec. 6. [148G.04] CERTIFIED MIDWIFE LICENSING.
53.27 		Subdivision 1.Licensure. (a) No person shall practice as a certified midwife or serve 
53.28 	as the faculty of record for clinical instruction in a midwifery distance learning program 
53.29 	unless the certified midwife is licensed by the board under this chapter.
53.30 	(b) An applicant for a license to practice as a certified midwife must apply to the board 
53.31 	in a format prescribed by the board and pay a fee in an amount determined under section 
53.32 	148G.11.
54.1 	(c) To be eligible for licensure, an applicant must:
54.2 	(1) not hold an encumbered license or other credential as a certified midwife or equivalent 
54.3 	professional designation in any state or territory;
54.4 	(2) hold a current and valid certification as a certified midwife from the American 
54.5 	Midwifery Certification Board or any successor organization acceptable to the board and 
54.6 	provide primary source verification of certification to the board in a format prescribed by 
54.7 	the board;
54.8 	(3) have completed a graduate level midwifery program that includes clinical experience, 
54.9 	is accredited by the Accreditation Commission for Midwifery Education or any successor 
54.10 	organization recognized by the United States Department of Education or the Council for 
54.11 	Higher Education Accreditation, and leads to a graduate degree. The applicant must submit 
54.12 	primary source verification of program completion to the board in a format prescribed by 
54.13 	the board. The primary source verification must verify the applicant completed three separate 
54.14 	graduate-level courses in physiology and pathophysiology; advanced health assessment; 
54.15 	and advanced pharmacology, including pharmacodynamics, pharmacokinetics, and 
54.16 	pharmacotherapeutics of all broad categories of agents;
54.17 	(4) report any criminal conviction, nolo contendere plea, Alford plea, or other plea 
54.18 	arrangement in lieu of conviction; and
54.19 	(5) not have committed any acts or omissions that are grounds for disciplinary action in 
54.20 	another jurisdiction or, if these acts were committed and would be grounds for disciplinary 
54.21 	action as set forth in section 148G.13, the board has found after an investigation that sufficient 
54.22 	remediation was made.
54.23 		Subd. 2.Clinical practice component. If more than five years have elapsed since the 
54.24 	applicant has practiced in the certified midwife role, the applicant must complete a 
54.25 	reorientation plan as a certified midwife. The plan must include supervision during the 
54.26 	clinical component by a licensed practitioner with experience in providing care to patients 
54.27 	with the same or similar health care needs. The applicant must submit the plan and the name 
54.28 	of the practitioner to the board. The plan must include a minimum of 500 hours of supervised 
54.29 	certified midwifery practice. The certified midwife must submit verification of completion 
54.30 	of the clinical reorientation to the board when the reorientation is complete.

54.31 	Sec. 7. [148G.05] LICENSURE RENEWAL; RELICENSURE.
54.32 		Subdivision 1.Renewal; current applicants. (a) A certified midwife must apply for 
54.33 	renewal of the certified midwife's license before the certified midwife's licensure period 
55.1 	ends. To be considered timely, the board must receive the certified midwife's application 
55.2 	on or before the last day of the certified midwife's licensure period. A certified midwife's 
55.3 	license lapses if the certified midwife's application is untimely.
55.4 	(b) An applicant for certified midwifery renewal must provide the board evidence of 
55.5 	current certification or recertification as a certified midwife by the American Midwifery 
55.6 	Certification Board or any successor organization.
55.7 	(c) An applicant for certified midwifery renewal must submit to the board the fee under 
55.8 	section 148G.11, subdivision 2.
55.9 		Subd. 2.Clinical practice component. If more than five years have elapsed since the 
55.10 	applicant has practiced as a certified midwife, the applicant must complete a reorientation 
55.11 	plan as a certified midwife. The plan must include supervision during the clinical component 
55.12 	by a licensed practitioner with experience in providing care to patients with the same or 
55.13 	similar health care needs. The licensee must submit the plan and the name of the practitioner 
55.14 	to the board. The plan must include a minimum of 500 hours of supervised certified 
55.15 	midwifery practice. The certified midwife must submit verification of completion of the 
55.16 	clinical reorientation to the board when the reorientation is complete.
55.17 		Subd. 3.Relicensure; lapsed applicants. A person whose license has lapsed desiring 
55.18 	to resume practice as a certified midwife must apply for relicensure, submit to the board 
55.19 	satisfactory evidence of compliance with the procedures and requirements established by 
55.20 	the board, and pay the board the relicensure fee under section 148G.11, subdivision 4, for 
55.21 	the current period. A penalty fee under section 148G.11, subdivision 4, is required from a 
55.22 	person who practiced certified midwifery without current licensure. The board must relicense 
55.23 	a person who meets the requirements of this subdivision.

55.24 	Sec. 8. [148G.06] FAILURE OR REFUSAL TO PROVIDE INFORMATION.
55.25 		Subdivision 1.Notification requirement. An individual licensed as a certified midwife 
55.26 	must notify the board when the individual renews their certification. If a licensee fails to 
55.27 	provide notification, the licensee is prohibited from practicing as a certified midwife.
55.28 		Subd. 2.Denial of license. Refusal of an applicant to supply information necessary to 
55.29 	determine the applicant's qualifications, failure to demonstrate qualifications, or failure to 
55.30 	satisfy the requirements for a license contained in this chapter or rules of the board may 
55.31 	result in denial of a license. The burden of proof is upon the applicant to demonstrate the 
55.32 	qualifications and satisfaction of the requirements.

56.1 	Sec. 9. [148G.07] NAME CHANGE AND CHANGE OF ADDRESS.
56.2 	A certified midwife must maintain a current name and address with the board and must 
56.3 	notify the board in writing within 30 days of any change in name or address. All notices or 
56.4 	other correspondence mailed to or served upon a certified midwife by the board at the 
56.5 	licensee's address on file with the board are considered received by the licensee.

56.6 	Sec. 10. [148G.08] IDENTIFICATION OF CERTIFIED MIDWIVES.
56.7 	Only those persons who hold a current license to practice certified midwifery in this 
56.8 	state may use the title of certified midwife. A certified midwife licensed by the board must 
56.9 	use the designation of CM for professional identification and in documentation of services 
56.10 	provided.

56.11 	Sec. 11. [148G.09] PRESCRIBING DRUGS AND THERAPEUTIC DEVICES.
56.12 		Subdivision 1.Diagnosing, prescribing, and ordering. Certified midwives, within the 
56.13 	scope of certified midwifery practice, are authorized to:
56.14 	(1) diagnose, prescribe, and institute therapy or referrals of patients to health care agencies 
56.15 	and providers;
56.16 	(2) prescribe, procure, sign for, record, administer, and dispense over-the-counter, legend, 
56.17 	and controlled substances, including sample drugs; and
56.18 	(3) plan and initiate a therapeutic regimen that includes ordering and prescribing durable 
56.19 	medical devices and equipment, nutrition, diagnostic services, and supportive services, 
56.20 	including but not limited to home health care, physical therapy, and occupational therapy.
56.21 		Subd. 2.Drug Enforcement Administration requirements. (a) Certified midwives 
56.22 	must:
56.23 	(1) comply with federal Drug Enforcement Administration (DEA) requirements related 
56.24 	to controlled substances; and
56.25 	(2) file the certified midwife's DEA registrations and numbers with the board, if any.
56.26 	(b) The board must maintain current records of all certified midwives with a DEA 
56.27 	registration and number.

56.28 	Sec. 12. [148G.10] FEES.
56.29 	The fees specified in section 148G.11 are nonrefundable and must be deposited in the 
56.30 	state government special revenue fund.

57.1 	Sec. 13. [148G.11] FEE AMOUNTS.
57.2 		Subdivision 1.Licensure. The fee for licensure is $105.
57.3 		Subd. 2.Renewal. The fee for licensure renewal is $85.
57.4 		Subd. 3.Practicing without current certification. The penalty fee for a person who 
57.5 	practices certified midwifery without a current certification or recertification, or who practices 
57.6 	certified midwifery without current certification or recertification on file with the board, is 
57.7 	$200 for the first month or part of a month and an additional $100 for each subsequent 
57.8 	month or parts of months of practice. The penalty fee must be calculated from the first day 
57.9 	the certified midwife practiced without a current certification to the last day of practice 
57.10 	without a current certification, or from the first day the certified midwife practiced without 
57.11 	a current license and certification on file with the board until the day the current license and 
57.12 	certification is filed with the board.
57.13 		Subd. 4.Relicensure. The fee for relicensure is $105. The fee for practicing without 
57.14 	current licensure is two times the amount of the current renewal fee for any part of the first 
57.15 	calendar month, plus the current renewal fee for any part of each subsequent month up to 
57.16 	24 months.
57.17 		Subd. 5.Dishonored check fee. The service fee for a dishonored check is as provided 
57.18 	in section 604.113.

57.19 	Sec. 14. [148G.12] APPROVED MIDWIFERY EDUCATION PROGRAM.
57.20 		Subdivision 1.Initial approval. An institution desiring to conduct a certified midwifery 
57.21 	program must submit evidence to the board that the institution is prepared to:
57.22 	(1) provide a program of theory and practice in certified midwifery leading to eligibility 
57.23 	for certification in midwifery;
57.24 	(2) achieve preaccreditation and eventual full accreditation by the American Commission 
57.25 	for Midwifery Education or any successor organization recognized by the United States 
57.26 	Department of Education or the Council for Higher Education Accreditation. Instruction 
57.27 	and required experience may be obtained in one or more institutions or agencies outside 
57.28 	the applying institution if the program retains accountability for all clinical and nonclinical 
57.29 	teaching; and
57.30 	(3) meet other standards established by law and by the board.
57.31 		Subd. 2.Continuing approval. The board must, through the board's representative, 
57.32 	annually survey all midwifery programs in the state for current accreditation status by the 
58.1 	American Commission for Midwifery Education or any successor organization recognized 
58.2 	by the United States Department of Education or the Council for Higher Education 
58.3 	Accreditation. If the results of the survey show that a certified midwifery program meets 
58.4 	all standards for continuing accreditation, the board must continue approval of the certified 
58.5 	midwifery program.
58.6 		Subd. 3.Loss of approval. If the board determines that an accredited certified midwifery 
58.7 	program is not maintaining the standards required by the American Commission on 
58.8 	Midwifery Education or any successor organization, the board must obtain  the defect in 
58.9 	writing from the accrediting body. If a program fails to correct the defect to the satisfaction 
58.10 	of the accrediting body and the accrediting body revokes the program's accreditation, the 
58.11 	board must remove the program from the list of approved certified midwifery programs.
58.12 		Subd. 4.Reinstatement of approval. The board must reinstate approval of a certified 
58.13 	midwifery program upon submission of satisfactory evidence that the certified midwifery's 
58.14 	program of theory and practice meets the standards required by the accrediting body.

58.15 	Sec. 15. [148G.13] GROUNDS FOR DISCIPLINARY ACTION.
58.16 		Subdivision 1.Grounds listed. The board may deny, revoke, suspend, limit, or condition 
58.17 	the license of any person to practice certified midwifery under this chapter or otherwise 
58.18 	discipline a licensee or applicant as described in section 148G.14. The following are grounds 
58.19 	for disciplinary action:
58.20 	(1) failure to demonstrate the qualifications or satisfy the requirements for a license 
58.21 	contained in this chapter or rules of the board. In the case of a person applying for a license, 
58.22 	the burden of proof is upon the applicant to demonstrate the qualifications or satisfaction 
58.23 	of the requirements;
58.24 	(2) employing fraud or deceit in procuring or attempting to procure a license to practice 
58.25 	certified midwifery;
58.26 	(3) conviction of a felony or gross misdemeanor reasonably related to the practice of 
58.27 	certified midwifery. Conviction, as used in this subdivision, includes a conviction of an 
58.28 	offense that if committed in this state would be considered a felony or gross misdemeanor 
58.29 	without regard to its designation elsewhere, or a criminal proceeding where a finding or 
58.30 	verdict of guilt is made or returned, but the adjudication of guilt is either withheld or not 
58.31 	entered;
58.32 	(4) revocation, suspension, limitation, conditioning, or other disciplinary action against 
58.33 	the person's certified midwife credential in another state, territory, or country; failure to 
59.1 	report to the board that charges regarding the person's certified midwifery license, 
59.2 	certification, or other credential are pending in another state, territory, or country; or failure 
59.3 	to report to the board having been refused a license or other credential by another state, 
59.4 	territory, or country;
59.5 	(5) failure or inability to practice as a certified midwife with reasonable skill and safety, 
59.6 	or departure from or failure to conform to standards of acceptable and prevailing certified 
59.7 	midwifery, including failure of a certified midwife to adequately supervise or monitor the 
59.8 	performance of acts by any person working at the certified midwife's direction;
59.9 	(6) engaging in unprofessional conduct, including but not limited to a departure from 
59.10 	or failure to conform to statutes relating to certified midwifery practice or to the minimal 
59.11 	standards of acceptable and prevailing certified midwifery practice, or in any certified 
59.12 	midwifery practice that may create unnecessary danger to a patient's life, health, or safety. 
59.13 	Actual injury to a patient need not be established under this clause;
59.14 	(7) supervision or accepting the supervision of a midwifery function or a prescribed 
59.15 	health care function when the acceptance could reasonably be expected to result in unsafe 
59.16 	or ineffective patient care;
59.17 	(8) actual or potential inability to practice certified midwifery with reasonable skill and 
59.18 	safety to patients by reason of illness; use of alcohol, drugs, chemicals, or any other material; 
59.19 	or as a result of any mental or physical condition;
59.20 	(9) adjudication as mentally incompetent, mentally ill, a chemically dependent person, 
59.21 	or a person dangerous to the public by a court of competent jurisdiction, within or outside 
59.22 	of this state;
59.23 	(10) engaging in any unethical conduct, including but not limited to conduct likely to 
59.24 	deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for 
59.25 	the health, welfare, or safety of a patient. Actual injury need not be established under this 
59.26 	clause;
59.27 	(11) engaging in conduct with a patient that is sexual or may reasonably be interpreted 
59.28 	by the patient as sexual, in any verbal behavior that is seductive or sexually demeaning to 
59.29 	a patient, or in sexual exploitation of a patient or former patient;
59.30 	(12) obtaining money, property, or services from a patient, other than reasonable fees 
59.31 	for services provided to the patient, through the use of undue influence, harassment, duress, 
59.32 	deception, or fraud;
60.1 	(13) revealing a privileged communication from or relating to a patient except when 
60.2 	otherwise required or permitted by law;
60.3 	(14) engaging in abusive or fraudulent billing practices, including violations of federal 
60.4 	Medicare and Medicaid laws or state medical assistance laws;
60.5 	(15) improper management of patient records, including failure to maintain adequate 
60.6 	patient records, to comply with a patient's request made pursuant to sections 144.291 to 
60.7 	144.298, or to furnish a patient record or report required by law;
60.8 	(16) knowingly aiding, assisting, advising, or allowing an unlicensed person to engage 
60.9 	in the unlawful practice of certified midwifery;
60.10 	(17) violating a rule adopted by the board, an order of the board, or a state or federal 
60.11 	law relating to the practice of certified midwifery, or a state or federal narcotics or controlled 
60.12 	substance law;
60.13 	(18) knowingly providing false or misleading information to a patient that is directly 
60.14 	related to the care of that patient unless done for an accepted therapeutic purpose such as 
60.15 	the administration of a placebo;
60.16 	(19) aiding suicide or aiding attempted suicide in violation of section 609.215 as 
60.17 	established by any of the following:
60.18 	(i) a copy of the record of criminal conviction or plea of guilty for a felony in violation 
60.19 	of section 609.215, subdivision 1 or 2;
60.20 	(ii) a copy of the record of a judgment of contempt of court for violating an injunction 
60.21 	issued under section 609.215, subdivision 4;
60.22 	(iii) a copy of the record of a judgment assessing damages under section 609.215, 
60.23 	subdivision 5; or
60.24 	(iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2. 
60.25 	The board must investigate any complaint of a violation of section 609.215, subdivision 1 
60.26 	or 2;
60.27 	(20) practicing outside the scope of certified midwifery practice as defined under section 
60.28 	148G.03, subdivision 5;
60.29 	(21) making a false statement or knowingly providing false information to the board, 
60.30 	failing to make reports as required by section 148G.15, or failing to cooperate with an 
60.31 	investigation of the board as required by section 148G.17;
60.32 	(22) engaging in false, fraudulent, deceptive, or misleading advertising;
61.1 	(23) failure to inform the board of the person's certification or recertification status as 
61.2 	a certified midwife;
61.3 	(24) engaging in certified midwifery practice without a license and current certification 
61.4 	or recertification by the American Midwifery Certification Board or any successor 
61.5 	organization; or
61.6 	(25) failure to maintain appropriate professional boundaries with a patient. A certified 
61.7 	midwife must not engage in practices that create an unacceptable risk of patient harm or of 
61.8 	the impairment of a certified midwife's objectivity or professional judgment. A certified 
61.9 	midwife must not act or fail to act in a way that, as judged by a reasonable and prudent 
61.10 	certified midwife, inappropriately encourages the patient to relate to the certified midwife 
61.11 	outside of the boundaries of the professional relationship, or in a way that interferes with 
61.12 	the patient's ability to benefit from certified midwife services. A certified midwife must not 
61.13 	use the professional relationship with a patient, student, supervisee, or intern to further the 
61.14 	certified midwife's personal, emotional, financial, sexual, religious, political, or business 
61.15 	benefit or interests.
61.16 		Subd. 2.Conviction of a felony-level criminal sexual offense. (a) Except as provided 
61.17 	in paragraph (e), the board must not grant or renew a license to practice certified midwifery 
61.18 	to any person who has been convicted on or after August 1, 2014, of any of the provisions 
61.19 	of section 609.342, subdivision 1 or 1a; 609.343, subdivision 1 or 1a; 609.344, subdivision 
61.20 	1 or subdivision 1a, paragraphs (c) to (g); or 609.345, subdivision 1 or subdivision 1a, 
61.21 	paragraphs (c) to (g); or a similar statute in another jurisdiction.
61.22 	(b) A license to practice certified midwifery is automatically revoked if the licensee is 
61.23 	convicted of an offense listed in paragraph (a).
61.24 	(c) A license to practice certified midwifery that has been denied or revoked under this 
61.25 	subdivision is not subject to chapter 364.
61.26 	(d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of 
61.27 	guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or 
61.28 	execution of the sentence and final disposition of the case is accomplished at a nonfelony 
61.29 	level.
61.30 	(e) The board may establish criteria whereby an individual convicted of an offense listed 
61.31 	in paragraph (a) may become licensed if the criteria:
61.32 	(1) utilize a rebuttable presumption that the applicant is not suitable for licensing;
61.33 	(2) provide a standard for overcoming the presumption; and
62.1 	(3) require that a minimum of ten years has elapsed since the applicant's sentence was 
62.2 	discharged.
62.3 	(f) The board must not consider an application under paragraph (e) if the board determines 
62.4 	that the victim involved in the offense was a patient or a client of the applicant at the time 
62.5 	of the offense.
62.6 		Subd. 3.Evidence. In disciplinary actions alleging a violation of subdivision 1, clause 
62.7 	(3) or (4), or subdivision 2, a copy of the judgment or proceeding under the seal of the court 
62.8 	administrator or of the administrative agency that entered the same is admissible into evidence 
62.9 	without further authentication and constitutes prima facie evidence of the violation concerned.
62.10 		Subd. 4.Examination; access to medical data. (a) If the board has probable cause to 
62.11 	believe that grounds for disciplinary action exist under subdivision 1, clause (8) or (9), it 
62.12 	may direct the applicant or certified midwife to submit to a mental or physical examination 
62.13 	or chemical dependency evaluation. For the purpose of this subdivision, when a certified 
62.14 	midwife licensed under this chapter is directed in writing by the board to submit to a mental 
62.15 	or physical examination or chemical dependency evaluation, that person is considered to 
62.16 	have consented and to have waived all objections to admissibility on the grounds of privilege. 
62.17 	Failure of the applicant or certified midwife to submit to an examination when directed 
62.18 	constitutes an admission of the allegations against the applicant or certified midwife, unless 
62.19 	the failure was due to circumstances beyond the person's control, and the board may enter 
62.20 	a default and final order without taking testimony or allowing evidence to be presented. A 
62.21 	certified midwife affected under this paragraph must, at reasonable intervals, be given an 
62.22 	opportunity to demonstrate that the competent practice of certified midwifery can be resumed 
62.23 	with reasonable skill and safety to patients. Neither the record of proceedings nor the orders 
62.24 	entered by the board in a proceeding under this paragraph may be used against a certified 
62.25 	midwife in any other proceeding.
62.26 	(b) Notwithstanding sections 13.384, 144.651, and 595.02, or any other law limiting 
62.27 	access to medical or other health data, the board may obtain medical data and health records 
62.28 	relating to a certified midwife or applicant for a license without that person's consent if the 
62.29 	board has probable cause to believe that grounds for disciplinary action exist under 
62.30 	subdivision 1, clause (8) or (9). The medical data may be requested from a provider, as 
62.31 	defined in section 144.291, subdivision 2, paragraph (h); an insurance company; or a 
62.32 	government agency, including the Department of Human Services. A provider, insurance 
62.33 	company, or government agency must comply with any written request of the board under 
62.34 	this subdivision and is not liable in any action for damages for releasing the data requested 
62.35 	by the board if the data are released pursuant to a written request under this subdivision, 
63.1 	unless the information is false and the provider giving the information knew or had reason 
63.2 	to believe the information was false. Information obtained under this subdivision is classified 
63.3 	as private data on individuals as defined in section 13.02.

63.4 	Sec. 16. [148G.14] FORMS OF DISCIPLINARY ACTION; AUTOMATIC 
63.5 	SUSPENSION; TEMPORARY SUSPENSION; REISSUANCE.
63.6 		Subdivision 1.Forms of disciplinary action. If the board finds that grounds for 
63.7 	disciplinary action exist under section 148G.13, it may take one or more of the following 
63.8 	actions:
63.9 	(1) deny the license application or licensure renewal;
63.10 	(2) revoke the license;
63.11 	(3) suspend the license;
63.12 	(4) impose limitations on the certified midwife's practice of certified midwifery including 
63.13 	but not limited to limitation of scope of practice or the requirement of practice under 
63.14 	supervision;
63.15 	(5) impose conditions on the retention of the license, including but not limited to the 
63.16 	imposition of retraining or rehabilitation requirements or the conditioning of continued 
63.17 	practice on demonstration of knowledge or skills by appropriate examination, monitoring, 
63.18 	or other review;
63.19 	(6) impose a civil penalty not exceeding $10,000 for each separate violation. The amount 
63.20 	of the civil penalty must be fixed so as to deprive the certified midwife of any economic 
63.21 	advantage gained by reason of the violation charged; to reimburse the board for the cost of 
63.22 	counsel, investigation, and proceeding; and to discourage repeated violations;
63.23 	(7) order the certified midwife to provide unremunerated service;
63.24 	(8) censure or reprimand the certified midwife; or
63.25 	(9) any other action justified by the facts in the case.
63.26 		Subd. 2.Automatic suspension of license. (a) Unless the board orders otherwise, a 
63.27 	license to practice certified midwifery is automatically suspended if:
63.28 	(1) a guardian of a certified midwife is appointed by order of a court under sections 
63.29 	524.5-101 to 524.5-502;
63.30 	(2) the certified midwife is committed by order of a court under chapter 253B; or
64.1 	(3) the certified midwife is determined to be mentally incompetent, mentally ill, 
64.2 	chemically dependent, or a person dangerous to the public by a court of competent 
64.3 	jurisdiction within or outside of this state.
64.4 	(b) The license remains suspended until the certified midwife is restored to capacity by 
64.5 	a court and, upon petition by the certified midwife, the suspension is terminated by the 
64.6 	board after a hearing or upon agreement between the board and the certified midwife.
64.7 		Subd. 3.Temporary suspension of license. In addition to any other remedy provided 
64.8 	by law, the board may, through its designated board member under section 214.10, 
64.9 	subdivision 2, temporarily suspend the license of a certified midwife without a hearing if 
64.10 	the board finds that there is probable cause to believe the certified midwife has violated a 
64.11 	statute or rule the board is empowered to enforce and continued practice by the certified 
64.12 	midwife would create a serious risk of harm to others. The suspension takes effect upon 
64.13 	written notice to the certified midwife, served by first-class mail, specifying the statute or 
64.14 	rule violated. The suspension must remain in effect until the board issues a temporary stay 
64.15 	of suspension or a final order in the matter after a hearing or upon agreement between the 
64.16 	board and the certified midwife. At the time it issues the suspension notice, the board must 
64.17 	schedule a disciplinary hearing to be held under the Administrative Procedure Act. The 
64.18 	board must provide the certified midwife at least 20 days' notice of any hearing held under 
64.19 	this subdivision. The board must schedule the hearing to begin no later than 30 days after 
64.20 	the issuance of the suspension order.
64.21 		Subd. 4.Reissuance. The board may reinstate and reissue a license to practice certified 
64.22 	midwifery, but as a condition may impose any disciplinary or corrective measure that it 
64.23 	might originally have imposed. Any person whose license has been revoked, suspended, or 
64.24 	limited may have the license reinstated and a new license issued when, at the discretion of 
64.25 	the board, the action is warranted, provided that the board must require the person to pay 
64.26 	the costs of the proceedings resulting in the revocation, suspension, or limitation of the 
64.27 	license; the relicensure fee; and the fee for the current licensure period. The cost of 
64.28 	proceedings includes but is not limited to the cost paid by the board to the Office of 
64.29 	Administrative Hearings and the Office of the Attorney General for legal and investigative 
64.30 	services; the costs of a court reporter and witnesses, reproduction of records, board staff 
64.31 	time, travel, and expenses; and the costs of board members' per diem reimbursements, travel 
64.32 	costs, and expenses.

65.1 	Sec. 17. [148G.15] REPORTING OBLIGATIONS.
65.2 		Subdivision 1.Permission to report. A person who has knowledge of any conduct 
65.3 	constituting grounds for discipline under section 148G.13 may report the alleged violation 
65.4 	to the board.
65.5 		Subd. 2.Institutions. The chief nursing executive or chief administrative officer of any 
65.6 	hospital, clinic, prepaid medical plan, or other health care institution or organization located 
65.7 	in this state must report to the board any action taken by the institution or organization or 
65.8 	any of its administrators or committees to revoke, suspend, limit, or condition a certified 
65.9 	midwife's privilege to practice in the institution, or as part of the organization, any denial 
65.10 	of privileges, any dismissal from employment, or any other disciplinary action. The institution 
65.11 	or organization must also report the resignation of any certified midwife before the conclusion 
65.12 	of any disciplinary proceeding, or before commencement of formal charges, but after the 
65.13 	certified midwife had knowledge that formal charges were contemplated or in preparation. 
65.14 	The reporting described by this subdivision is required only if the action pertains to grounds 
65.15 	for disciplinary action under section 148G.13.
65.16 		Subd. 3.Licensed professionals. A person licensed by a health-related licensing board 
65.17 	as defined in section 214.01, subdivision 2, must report to the board personal knowledge 
65.18 	of any conduct the person reasonably believes constitutes grounds for disciplinary action 
65.19 	under section 148G.13 by any certified midwife, including conduct indicating that the 
65.20 	certified midwife may be incompetent, may have engaged in unprofessional or unethical 
65.21 	conduct, or may be mentally or physically unable to engage safely in the practice of certified 
65.22 	midwifery.
65.23 		Subd. 4.Insurers. (a) By the first day of February, May, August, and November, each 
65.24 	insurer authorized to sell insurance described in section 60A.06, subdivision 1, clause (13), 
65.25 	and providing professional liability insurance to certified midwives must submit to the board 
65.26 	a report concerning any certified midwife against whom a malpractice award has been made 
65.27 	or who has been a party to a settlement. The report must contain at least the following 
65.28 	information:
65.29 	(1) the total number of settlements or awards;
65.30 	(2) the date a settlement or award was made;
65.31 	(3) the allegations contained in the claim or complaint leading to the settlement or award;
65.32 	(4) the dollar amount of each malpractice settlement or award and whether that amount 
65.33 	was paid as a result of a settlement or of an award; and
66.1 	(5) the name and address of the practice of the certified midwife against whom an award 
66.2 	was made or with whom a settlement was made.
66.3 	(b) An insurer must also report to the board any information it possesses that tends to 
66.4 	substantiate a charge that a certified midwife may have engaged in conduct in violation of 
66.5 	this chapter.
66.6 		Subd. 5.Courts. The court administrator of district court or another court of competent 
66.7 	jurisdiction must report to the board any judgment or other determination of the court that 
66.8 	adjudges or includes a finding that a certified midwife is a person who is mentally ill, 
66.9 	mentally incompetent, chemically dependent, dangerous to the public, guilty of a felony or 
66.10 	gross misdemeanor, guilty of a violation of federal or state narcotics laws or controlled 
66.11 	substances act, guilty of operating a motor vehicle while under the influence of alcohol or 
66.12 	a controlled substance, or guilty of an abuse or fraud under Medicare or Medicaid; or if the 
66.13 	court appoints a guardian of the certified midwife under sections 524.5-101 to 524.5-502 
66.14 	or commits a certified midwife under chapter 253B.
66.15 		Subd. 6.Deadlines; forms. Reports required by subdivisions 2 to 5 must be submitted 
66.16 	no later than 30 days after the occurrence of the reportable event or transaction. The board 
66.17 	may provide forms for the submission of reports required by this section, may require that 
66.18 	the reports be submitted on the forms provided, and may adopt rules necessary to ensure 
66.19 	prompt and accurate reporting. The board must review all reports, including those submitted 
66.20 	after the deadline.
66.21 		Subd. 7.Failure to report. Any person, institution, insurer, or organization that fails to 
66.22 	report as required under subdivisions 2 to 6 is subject to civil penalties for failing to report 
66.23 	as required by law.

66.24 	Sec. 18. [148G.16] IMMUNITY.
66.25 		Subdivision 1.Reporting. Any person, health care facility, business, or organization is 
66.26 	immune from civil liability or criminal prosecution for submitting in good faith a report to 
66.27 	the board under section 148G.15 or for otherwise reporting in good faith to the board 
66.28 	violations or alleged violations of this chapter. All such reports are investigative data as 
66.29 	defined in chapter 13.
66.30 		Subd. 2.Investigation. (a) Members of the board and persons employed by the board 
66.31 	or engaged in the investigation of violations and in the preparation and management of 
66.32 	charges of violations of this chapter on behalf of the board, or persons participating in the 
66.33 	investigation or testifying regarding charges of violations, are immune from civil liability 
67.1 	and criminal prosecution for any actions, transactions, or publications in the execution of, 
67.2 	or relating to, their duties under this chapter.
67.3 	(b) Members of the board and persons employed by the board or engaged in maintaining 
67.4 	records and making reports regarding adverse health care events are immune from civil 
67.5 	liability and criminal prosecution for any actions, transactions, or publications in the 
67.6 	execution of, or relating to, their duties under this chapter.

67.7 	Sec. 19. [148G.17] CERTIFIED MIDWIFE COOPERATION.
67.8 	A certified midwife who is the subject of an investigation by or on behalf of the board 
67.9 	must cooperate fully with the investigation. Cooperation includes responding fully and 
67.10 	promptly to any question raised by or on behalf of the board relating to the subject of the 
67.11 	investigation and providing copies of patient or other records in the certified midwife's 
67.12 	possession, as reasonably requested by the board, to assist the board in its investigation and 
67.13 	to appear at conferences and hearings scheduled by the board. The board must pay for copies 
67.14 	requested. If the board does not have written consent from a patient permitting access to 
67.15 	the patient's records, the certified midwife must delete any data in the record that identify 
67.16 	the patient before providing it to the board. The board must maintain any records obtained 
67.17 	pursuant to this section as investigative data under chapter 13. The certified midwife must 
67.18 	not be excused from giving testimony or producing any documents, books, records, or 
67.19 	correspondence on the grounds of self-incrimination, but the testimony or evidence must 
67.20 	not be used against the certified midwife in any criminal case.

67.21 	Sec. 20. [148G.18] DISCIPLINARY RECORD ON JUDICIAL REVIEW.
67.22 	Upon judicial review of any board disciplinary action taken under this chapter, the 
67.23 	reviewing court must seal the administrative record, except for the board's final decision, 
67.24 	and must not make the administrative record available to the public.

67.25 	Sec. 21. [148G.19] EXEMPTIONS.
67.26 	The provisions of this chapter do not prohibit:
67.27 	(1) the furnishing of certified midwifery assistance in an emergency;
67.28 	(2) the practice of certified midwifery by any legally qualified certified midwife of 
67.29 	another state who is employed by the United States government or any bureau, division, or 
67.30 	agency thereof while in the discharge of official duties;
68.1 	(3) the practice of any profession or occupation licensed by the state, other than certified 
68.2 	midwifery, by any person licensed to practice the profession or occupation, or the 
68.3 	performance by a person of any acts properly coming within the scope of the profession, 
68.4 	occupation, or license;
68.5 	(4) the practice of traditional midwifery as specified under section 147D.03;
68.6 	(5) certified midwifery practice by a student practicing under the supervision of an 
68.7 	instructor while the student is enrolled in an approved certified midwifery education program; 
68.8 	or
68.9 	(6) certified midwifery practice by a certified midwife licensed in another state, territory, 
68.10 	or jurisdiction who is in Minnesota temporarily:
68.11 	(i) providing continuing or in-service education;
68.12 	(ii) serving as a guest lecturer;
68.13 	(iii) presenting at a conference; or
68.14 	(iv) teaching didactic content via distance education to a student located in Minnesota 
68.15 	who is enrolled in a formal, structured course of study, such as a course leading to a higher 
68.16 	degree in midwifery.

68.17 	Sec. 22. [148G.20] VIOLATIONS; PENALTY.
68.18 		Subdivision 1.Violations described. It is unlawful for any person, corporation, firm, 
68.19 	or association to:
68.20 	(1) sell or fraudulently obtain or furnish any certified midwifery diploma, license, or 
68.21 	record, or aid or abet therein;
68.22 	(2) practice certified midwifery under cover of any diploma, permit, license certified 
68.23 	midwife credential, or record illegally or fraudulently obtained or signed or issued unlawfully 
68.24 	or under fraudulent representation;
68.25 	(3) practice certified midwifery unless the person is licensed to do so under this chapter;
68.26 	(4) use the professional title certified midwife or licensed certified midwife unless 
68.27 	licensed to practice certified midwifery under this chapter;
68.28 	(5) use any abbreviation or other designation tending to imply licensure as a certified 
68.29 	midwife unless licensed to practice certified midwifery under this chapter;
68.30 	(6) practice certified midwifery in a manner prohibited by the board in any limitation 
68.31 	of a license issued under this chapter;
69.1 	(7) practice certified midwifery during the time a license issued under this section is 
69.2 	suspended or revoked;
69.3 	(8) knowingly employ persons in the practice of certified midwifery who have not been 
69.4 	issued a current license to practice as a certified midwife in this state; or
69.5 	(9) conduct a certified midwifery program for the education of persons to become certified 
69.6 	midwives unless the program has been approved by the board.
69.7 		Subd. 2.Penalty. Any person, corporation, or association violating any provision of 
69.8 	subdivision 1 is guilty of a gross misdemeanor and must be punished according to law.
69.9 		Subd. 3.Penalty; certified midwives. In addition to subdivision 2, a certified midwife 
69.10 	who practices certified midwifery without a current license and certification or recertification, 
69.11 	or without current certification or recertification on file with the board, is subject to the 
69.12 	applicable penalties in section 148G.11.

69.13 	Sec. 23. [148G.21] UNAUTHORIZED PRACTICE OF MIDWIFERY.
69.14 	The practice of certified midwifery by any person who is not licensed to practice certified 
69.15 	midwifery under this chapter, or whose license has been suspended or revoked, or whose 
69.16 	national certification credential has expired, is inimical to the public health and welfare and 
69.17 	constitutes a public nuisance. Upon a complaint being made by the board or any prosecuting 
69.18 	officer, and upon a proper showing of the facts, the district court of the county where such 
69.19 	practice occurred may enjoin such acts and practice. The injunction proceeding is in addition 
69.20 	to, and not in lieu of, all other penalties and remedies provided by law.

69.21 	Sec. 24. Minnesota Statutes 2022, section 152.12, subdivision 1, is amended to read:
69.22 		Subdivision 1.Prescribing, dispensing, administering controlled substances in 
69.23 	Schedules II through V. A licensed doctor of medicine, a doctor of osteopathic medicine, 
69.24 	duly licensed to practice medicine, a doctor of dental surgery, a doctor of dental medicine, 
69.25 	a licensed doctor of podiatry, a licensed advanced practice registered nurse, a licensed 
69.26 	certified midwife, a licensed physician assistant, or a licensed doctor of optometry limited 
69.27 	to Schedules IV and V, and in the course of professional practice only, may prescribe, 
69.28 	administer, and dispense a controlled substance included in Schedules II through V of section 
69.29 	152.02, may cause the same to be administered by a nurse, an intern or an assistant under 
69.30 	the direction and supervision of the doctor, and may cause a person who is an appropriately 
69.31 	certified and licensed health care professional to prescribe and administer the same within 
69.32 	the expressed legal scope of the person's practice as defined in Minnesota Statutes.

70.1 	Sec. 25. Minnesota Statutes 2022, section 256B.0625, is amended by adding a subdivision 
70.2 	to read:
70.3 		Subd. 28c.Certified midwifery practice services. Medical assistance covers services 
70.4 	performed by a licensed certified midwife if:
70.5 	(1) the service provided on an inpatient basis is not included as part of the cost for 
70.6 	inpatient services included in the facility payment;
70.7 	(2) the service is otherwise covered under this chapter as a physician service; and
70.8 	(3) the service is within the scope of practice of the certified midwife's license as defined 
70.9 	under chapter 148G.

70.10 	Sec. 26. EFFECTIVE DATE.
 70.11 	This article is effective July 1, 2025.

70.12 	ARTICLE 12
70.13 	SPEECH-LANGUAGE PATHOLOGY ASSISTANT LICENSURE

70.14 	Section 1. Minnesota Statutes 2022, section 144.0572, subdivision 1, is amended to read:
70.15 		Subdivision 1.Criminal history background check requirements. (a) Beginning 
70.16 	January 1, 2018, an applicant for initial licensure, temporary licensure, or relicensure after 
70.17 	a lapse in licensure as an audiologist or speech-language pathologist, a speech-language 
70.18 	pathology assistant, or an applicant for initial certification as a hearing instrument dispenser, 
70.19 	must submit to a criminal history records check of state data completed by the Bureau of 
70.20 	Criminal Apprehension (BCA) and a national criminal history records check, including a 
70.21 	search of the records of the Federal Bureau of Investigation (FBI).
70.22 	(b) Beginning January 1, 2020, an applicant for a renewal license or certificate as an 
70.23 	audiologist, speech-language pathologist, or hearing instrument dispenser who was licensed 
70.24 	or obtained a certificate before January 1, 2018, must submit to a criminal history records 
70.25 	check of state data completed by the BCA and a national criminal history records check, 
70.26 	including a search of the records of the FBI.
70.27 	(c) An applicant must submit to a background study under chapter 245C.
70.28 	(d) The criminal history records check must be structured so that any new crimes that 
70.29 	an applicant or licensee or certificate holder commits after the initial background check are 
70.30 	flagged in the BCA's or FBI's database and reported back to the commissioner of human 
70.31 	services.

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

71.2 	Sec. 2. Minnesota Statutes 2022, section 148.511, is amended to read:
71.3 	148.511 SCOPE.
71.4 	Sections 148.511 to 148.5198 apply to persons who are applicants for licensure, who 
71.5 	use protected titles, who represent that they are licensed, or who engage in the practice of 
71.6 	speech-language pathology or audiology or practice as a speech-language pathology assistant. 
71.7 	Sections 148.511 to 148.5198 do not apply to school personnel licensed by the Professional 
71.8 	Educator Licensing and Standards Board and practicing within the scope of their school 
71.9 	license under Minnesota Rules, part 8710.6000, or the paraprofessionals who assist these 
71.10 	individuals.

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

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

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

71.18 	Sec. 4. Minnesota Statutes 2022, section 148.513, subdivision 1, is amended to read:
71.19 		Subdivision 1.Unlicensed practice prohibited. A person must not engage in the practice 
71.20 	of speech-language pathology or audiology or practice as a speech-language pathology 
71.21 	assistant unless the person is licensed as a speech-language pathologist or, an audiologist, 
71.22 	or a speech-language pathology assistant under sections 148.511 to 148.5198or is practicing 
71.23 	as a speech-language pathology assistant in accordance with section 148.5192. For purposes 
71.24 	of this subdivision, a speech-language pathology assistant's duties are limited to the duties 
71.25 	described in accordance with section 148.5192, subdivision 2.

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

71.27 	Sec. 5. Minnesota Statutes 2022, section 148.513, subdivision 2, is amended to read:
71.28 		Subd. 2.Protected titles and restrictions on use; speech-language pathologists and 
71.29 	audiologists. (a) Notwithstanding paragraph (b) (c), the use of the following terms or initials 
71.30 	which represent the following terms, alone or in combination with any word or words, by 
72.1 	any person to form an occupational title is prohibited unless that person is licensed as a 
72.2 	speech-language pathologist or audiologist under sections 148.511 to 148.5198:
72.3 	(1) speech-language;
72.4 	(2) speech-language pathologist, S, SP, or SLP;
72.5 	(3) speech pathologist;
72.6 	(4) language pathologist;
72.7 	(5) audiologist, A, or AUD;
72.8 	(6) speech therapist;
72.9 	(7) speech clinician;
72.10 	(8) speech correctionist;
72.11 	(9) language therapist;
72.12 	(10) voice therapist;
72.13 	(11) voice pathologist;
72.14 	(12) logopedist;
72.15 	(13) communicologist;
72.16 	(14) aphasiologist;
72.17 	(15) phoniatrist;
72.18 	(16) audiometrist;
72.19 	(17) audioprosthologist;
72.20 	(18) hearing therapist;
72.21 	(19) hearing clinician; or
72.22 	(20) hearing aid audiologist.
72.23 	(b) Use of the term "Minnesota licensed" in conjunction with the titles protected under 
72.24 	this paragraph (a) by any person is prohibited unless that person is licensed as a 
72.25 	speech-language pathologist or audiologist under sections 148.511 to 148.5198.
72.26 	(b) (c) A speech-language pathology assistant practicing under section 148.5192 sections 
72.27 	148.511 to 148.5198 must not represent, indicate, or imply to the public that the assistant 
72.28 	is a licensed speech-language pathologist and shall only utilize one of the following titles: 
73.1 	"speech-language pathology assistant," "SLP assistant," or "SLP asst." the titles provided 
73.2 	in subdivision 2b.

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

73.4 	Sec. 6. Minnesota Statutes 2022, section 148.513, is amended by adding a subdivision to 
73.5 	read:
73.6 		Subd. 2b.Protected titles and restrictions on use; speech-language pathology 
73.7 	assistant. (a) The use of the following terms or initials which represent the following terms, 
73.8 	alone or in combination with any word or words, by any person to form an occupational 
73.9 	title is prohibited unless that person is licensed under section 148.5181:
73.10 	(1) speech-language pathology assistant;
73.11 	(2) SLP assistant; or
73.12 	(3) SLP asst.
73.13 	(b) Use of the term "Minnesota licensed" in conjunction with the titles protected under 
73.14 	this subdivision by any person is prohibited unless that person is licensed under section 
73.15 	148.5181.
73.16 	(c) A speech-language pathology assistant practicing under section 148.5192 must not 
73.17 	represent, indicate, or imply to the public that the assistant is a licensed speech-language 
73.18 	pathologist and must only utilize the title provided in paragraph (a).

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

73.20 	Sec. 7. Minnesota Statutes 2022, section 148.513, subdivision 3, is amended to read:
73.21 		Subd. 3.Exemption. (a) Nothing in sections 148.511 to 148.5198 prohibits the practice 
73.22 	of any profession or occupation licensed, certified, or registered by the state by any person 
73.23 	duly licensed, certified, or registered to practice the profession or occupation or to perform 
73.24 	any act that falls within the scope of practice of the profession or occupation.
73.25 	(b) Subdivision 1 does not apply to a student participating in supervised field work or 
73.26 	supervised course work that is necessary to meet the requirements of section sections
73.27 	148.515, subdivision 2or 3, or 148.5181, subdivision 2, if the person is designated by a 
73.28 	title which clearly indicates the person's status as a student trainee.
73.29 	(c) Subdivisions 1 and, 2, and 2a do not apply to a person visiting and then leaving the 
73.30 	state and using titles restricted under this section while in the state, if the titles are used no 
73.31 	more than 30 days in a calendar year as part of a professional activity that is limited in scope 
74.1 	and duration and is in association with an audiologist or speech-language pathologist licensed 
74.2 	under sections 148.511 to 148.5198.

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

74.4 	Sec. 8. Minnesota Statutes 2022, section 148.514, subdivision 2, is amended to read:
74.5 		Subd. 2.General licensure qualifications. An applicant for licensure must possess the 
74.6 	qualifications required in one of the following clauses:
74.7 	(1) a person who applies for licensure and does not meet the requirements in clause (2) 
74.8 	or (3), must meet the requirements in section 148.515 or 148.5181, subdivision 2;
74.9 	(2) a person who applies for licensure and who has a current certificate of clinical 
74.10 	competence issued by the American Speech-Language-Hearing Association, or board 
74.11 	certification by the American Board of Audiology, must meet the requirements of section 
74.12 	148.516; or
74.13 	(3) a person who applies for licensure by reciprocity must meet the requirements under 
74.14 	section 148.517 or 148.5181, subdivision 3.

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

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

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

74.21 	Sec. 10. Minnesota Statutes 2022, section 148.518, is amended to read:
74.22 	148.518 LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS.
74.23 		Subdivision 1.Speech-language pathology or audiology lapse.  For An applicant whose 
74.24 	licensure status has lapsed, the applicant and who is applying for a speech-language pathology 
74.25 	or audiology license must:
74.26 	(1) apply for licensure renewal according to section 148.5191 and document compliance 
74.27 	with the continuing education requirements of section 148.5193 since the applicant's license 
74.28 	lapsed;
74.29 	(2) fulfill the requirements of section 148.517;
75.1 	(3) apply for renewal according to section 148.5191, provide evidence to the 
75.2 	commissioner that the applicant holds a current and unrestricted credential for the practice 
75.3 	of speech-language pathology from the Professional Educator Licensing and Standards 
75.4 	Board or for the practice of speech-language pathology or audiology in another jurisdiction 
75.5 	that has requirements equivalent to or higher than those in effect for Minnesota, and provide 
75.6 	evidence of compliance with Professional Educator Licensing and Standards Board or that 
75.7 	jurisdiction's continuing education requirements;
75.8 	(4) apply for renewal according to section 148.5191 and submit verified documentation 
75.9 	of successful completion of 160 hours of supervised practice approved by the commissioner. 
75.10 	To participate in a supervised practice, the applicant shall first apply and obtain temporary 
75.11 	licensing according to section 148.5161; or
75.12 	(5) apply for renewal according to section 148.5191 and provide documentation of 
75.13 	obtaining a qualifying score on the examination described in section 148.515, subdivision 
75.14 	4, within one year of the application date for license renewal.
75.15 		Subd. 2.Speech-language pathology assistant licensure lapse. An applicant applying 
75.16 	for speech-language pathology assistant licensure and whose licensure status has lapsed 
75.17 	must:
75.18 	(1) apply for renewal according to section 148.5191, and provide evidence to the 
75.19 	commissioner that the applicant has an associate's degree from a speech-language pathology 
75.20 	assistant program that is accredited by the Higher Learning Commission of the North Central 
75.21 	Association of Colleges;
75.22 	(2) apply for renewal according to section 148.5191 and provide evidence to the 
75.23 	commissioner that the applicant has a bachelor's degree in the discipline of communication 
75.24 	sciences or disorders and a speech-language pathology assistant certificate program, including 
75.25 	relevant coursework and supervised field experience according to section 148.5181; or
75.26 	(3) apply for licensure renewal according to section 148.5191 and document compliance 
75.27 	with the continuing education requirements of section 148.5193 since the applicant's license 
75.28 	lapsed.

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

76.1 	Sec. 11. [148.5181] LICENSURE; SPEECH-LANGUAGE PATHOLOGY 
76.2 	ASSISTANTS.
76.3 		Subdivision 1.Applicability. Except as provided in subdivisions 3 and 4, an applicant 
76.4 	for licensure as a speech-language pathology assistant must meet the requirements of this 
76.5 	section.
76.6 		Subd. 2.Educational requirements. (a) To be eligible for speech-language pathology 
76.7 	assistant licensure, an applicant must submit to the commissioner a transcript from an 
76.8 	educational institution documenting satisfactory completion of either:
76.9 	(1) an associate's degree from a speech-language pathology assistant program that is 
76.10 	accredited by the Higher Learning Commission of the North Central Association of Colleges 
76.11 	or its equivalent as approved by the commissioner and that includes at least 100 hours of 
76.12 	supervised field work experience in speech-language pathology assisting; or
76.13 	(2) a bachelor's degree in the discipline of communication sciences or disorders and a 
76.14 	speech-language pathology assistant certificate program that includes:
76.15 	(i) coursework in an introduction to speech-language pathology assisting, adult 
76.16 	communication disorders and treatment, speech sound disorders, and language disorders at 
76.17 	a speech-language pathology assistant level; and
76.18 	(ii) at least 100 hours of supervised field work experience in speech-language pathology 
76.19 	assisting.
76.20 	(b) Within one month following expiration of a license, an applicant for licensure renewal 
76.21 	as a speech-language pathology assistant must provide, on a form provided by the 
76.22 	commissioner, evidence to the commissioner of a minimum of 20 contact hours of continuing 
76.23 	education obtained within the two years immediately preceding licensure expiration. A 
76.24 	minimum of 13 contact hours of continuing education must be directly related to the licensee's 
76.25 	area of licensure. Seven contact hours of continuing education may be in areas generally 
76.26 	related to the licensee's area of licensure. Licensees who are issued licenses for a period of 
76.27 	less than two years must prorate the number of contact hours required for licensure renewal 
76.28 	based on the number of months licensed during the biennial licensure period. Licensees 
76.29 	must receive contact hours for continuing education activities only for the biennial licensure 
76.30 	period in which the continuing education activity was performed.
76.31 		Subd. 3.Licensure by reciprocity. The commissioner shall issue a speech-language 
76.32 	pathology assistant license to a person who holds a current speech-language pathology 
76.33 	assistant license in another state if the following conditions are met:
77.1 	(1) payment of the commissioner's current fee for licensure; and
77.2 	(2) submission of evidence of licensure in good standing from another state that maintains 
77.3 	a system and standard of examinations for speech-language pathology assistants which 
77.4 	meets or exceeds the current requirements for licensure in Minnesota.

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

77.6 	Sec. 12. Minnesota Statutes 2022, section 148.519, subdivision 1, is amended to read:
77.7 		Subdivision 1.Applications for licensure; speech-language pathologists and 
77.8 	audiologists. (a) An applicant for licensure as a speech-language pathologist or audiologist 
77.9 	must:
77.10 	(1) submit a completed application for licensure on forms provided by the commissioner. 
77.11 	The application must include the applicant's name, certification number under chapter 153A, 
77.12 	if applicable, business address and telephone number, or home address and telephone number 
77.13 	if the applicant practices speech-language pathology or audiology out of the home, and a 
77.14 	description of the applicant's education, training, and experience, including previous work 
77.15 	history for the five years immediately preceding the date of application. The commissioner 
77.16 	may ask the applicant to provide additional information necessary to clarify information 
77.17 	submitted in the application; and
77.18 	(2) submit documentation of the certificate of clinical competence issued by the American 
77.19 	Speech-Language-Hearing Association, board certification by the American Board of 
77.20 	Audiology, or satisfy the following requirements:
77.21 	(i) submit a transcript showing the completion of a master's or doctoral degree or its 
77.22 	equivalent meeting the requirements of section 148.515, subdivision 2;
77.23 	(ii) submit documentation of the required hours of supervised clinical training;
77.24 	(iii) submit documentation of the postgraduate clinical or doctoral clinical experience 
77.25 	meeting the requirements of section 148.515, subdivision 4; and
77.26 	(iv) submit documentation of receiving a qualifying score on an examination meeting 
77.27 	the requirements of section 148.515, subdivision 6.
77.28 	(b) In addition, an applicant must:
77.29 	(1) sign a statement that the information in the application is true and correct to the best 
77.30 	of the applicant's knowledge and belief;
77.31 	(2) submit with the application all fees required by section 148.5194;
78.1 	(3) sign a waiver authorizing the commissioner to obtain access to the applicant's records 
78.2 	in this or any other state in which the applicant has engaged in the practice of speech-language 
78.3 	pathology or audiology; and
78.4 	(4) consent to a fingerprint-based criminal history background check as required under 
78.5 	section 144.0572, pay all required fees, and cooperate with all requests for information. An 
78.6 	applicant must complete a new criminal history background check if more than one year 
78.7 	has elapsed since the applicant last applied for a license.

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

78.9 	Sec. 13. Minnesota Statutes 2022, section 148.519, is amended by adding a subdivision 
78.10 	to read:
78.11 		Subd. 1a.Applications for licensure; speech-language pathology assistants. An 
78.12 	applicant for licensure as a speech-language pathology assistant must:
78.13 	(1) submit a completed application on forms provided by the commissioner. The 
78.14 	application must include the applicant's name, business address and telephone number, 
78.15 	home address and telephone number, and a description of the applicant's education, training, 
78.16 	and experience, including previous work history for the five years immediately preceding 
78.17 	the application date. The commissioner may ask the applicant to provide additional 
78.18 	information needed to clarify information submitted in the application;
78.19 	(2) submit a transcript showing the completion of the requirements set forth in section 
78.20 	148.5181;
78.21 	(3) submit a signed statement that the information in the application is true and correct 
78.22 	to the best of the applicant's knowledge and belief;
78.23 	(4) submit all fees required under section 148.5194;
78.24 	(5) submit a signed waiver authorizing the commissioner to obtain access to the applicant's 
78.25 	records in this or any other state in which the applicant has worked as a speech-language 
78.26 	pathology assistant; and
78.27 	(6) consent to a fingerprint-based criminal history background check as required under 
78.28 	section 144.0572, pay all required fees, and cooperate with all requests for information. An 
78.29 	applicant must complete a new criminal history background check if more than one year 
78.30 	has lapsed since the applicant last applied for a license.

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

79.1 	Sec. 14. Minnesota Statutes 2022, section 148.5191, subdivision 1, is amended to read:
79.2 		Subdivision 1.Renewal requirements. To renew licensure, an applicant for license 
79.3 	renewal as a speech-language pathologist or audiologist must:
79.4 	(1) biennially complete a renewal application on a form provided by the commissioner 
79.5 	and submit the biennial renewal fee;
79.6 	(2) meet the continuing education requirements of section 148.5193 and submit evidence 
79.7 	of attending continuing education courses, as required in section 148.5193, subdivision 6; 
79.8 	and
79.9 	(3) submit additional information if requested by the commissioner to clarify information 
79.10 	presented in the renewal application. The information must be submitted within 30 days 
79.11 	after the commissioner's request.

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

79.13 	Sec. 15. Minnesota Statutes 2022, section 148.5191, is amended by adding a subdivision 
79.14 	to read:
79.15 		Subd. 1a.Renewal requirements; speech-language pathology assistant. To renew 
79.16 	licensure, an applicant for license renewal as a speech-language pathology assistant must:
79.17 	(1) biennially complete a renewal application on a form provided by the commissioner 
79.18 	and submit the biennial renewal fee;
79.19 	(2) meet the continuing education requirements of section 148.5193, subdivision 1a, 
79.20 	and submit evidence of attending continuing education courses, as required in section 
79.21 	148.5193, subdivision 1a; and
79.22 	(3) submit additional information if requested by the commissioner to clarify information 
79.23 	presented in the renewal application. The information must be submitted within 30 days 
79.24 	after the commissioner's request.

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

79.26 	Sec. 16. Minnesota Statutes 2022, section 148.5192, subdivision 1, is amended to read:
79.27 		Subdivision 1.Delegation requirements. A licensed speech-language pathologist may 
79.28 	delegate duties to a licensed speech-language pathology assistant in accordance with this 
79.29 	section following an initial introduction to a client with the speech-language pathologist 
79.30 	and speech-language pathology assistant present. Duties may only be delegated to an 
80.1 	individual who has documented with a transcript from an educational institution satisfactory 
80.2 	completion of either:
80.3 	(1) an associate degree from a speech-language pathology assistant program that is 
80.4 	accredited by the Higher Learning Commission of the North Central Association of Colleges 
80.5 	or its equivalent as approved by the commissioner; or
80.6 	(2) a bachelor's degree in the discipline of communication sciences or disorders with 
80.7 	additional transcript credit in the area of instruction in assistant-level service delivery 
80.8 	practices and completion of at least 100 hours of supervised field work experience as a 
80.9 	speech-language pathology assistant student.

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

80.11 	Sec. 17. Minnesota Statutes 2022, section 148.5192, subdivision 2, is amended to read:
80.12 		Subd. 2.Delegated duties; prohibitions. (a) A speech-language pathology assistant 
80.13 	may perform only those duties delegated by a licensed speech-language pathologist and 
80.14 	must be limited to duties within the training and experience of the speech-language pathology 
80.15 	assistant.
80.16 	(b) Duties may include the following as delegated by the supervising speech-language 
80.17 	pathologist:
80.18 	(1) assist with speech language and hearing screenings;
80.19 	(2) implement documented treatment plans or protocols developed by the supervising 
80.20 	speech-language pathologist;
80.21 	(3) document client performance, including writing progress notes;
80.22 	(4) assist with assessments of clients;
80.23 	(5) assist with preparing materials and scheduling activities as directed;
80.24 	(6) perform checks and maintenance of equipment;
80.25 	(7) support the supervising speech-language pathologist in research projects, in-service 
80.26 	training, and public relations programs; and
80.27 	(8) collect data for quality improvement.
80.28 	(c) A speech-language pathology assistant may not:
80.29 	(1) perform standardized or nonstandardized diagnostic tests, perform formal or informal 
80.30 	evaluations, or interpret test results;
81.1 	(2) screen or diagnose clients for feeding or swallowing disorders, including using a 
81.2 	checklist or tabulating results of feeding or swallowing evaluations, or demonstrate 
81.3 	swallowing strategies or precautions to clients or the clients' families demonstrate strategies 
81.4 	included in the feeding and swallowing plan developed by the speech-language pathologist 
81.5 	or share such information with students, patients, clients, families, staff, and caregivers;
81.6 	(3) participate in parent conferences, case conferences, or any interdisciplinary team 
81.7 	without the presence of the supervising speech-language pathologist or other licensed 
81.8 	speech-language pathologist as authorized by the supervising speech-language pathologist
81.9 	meetings without approval from the speech-language pathologist or misrepresent themselves 
81.10 	as a speech-language pathologist at such a conference or meeting. The speech-language 
81.11 	pathologist and speech-language pathology assistant are required to meet prior to the parent 
81.12 	conferences, case conferences, or interdisciplinary team meetings to determine the 
81.13 	information to be shared;
81.14 	(4) provide client or family counseling or consult with the client or the family regarding 
81.15 	the client status or service;
81.16 	(5) write, develop, or modify a client's individualized treatment plan or individualized 
81.17 	education program;
81.18 	(6) select clients for service;
81.19 	(7) discharge clients from service;
81.20 	(8) disclose clinical or confidential information either orally or in writing to anyone 
81.21 	other than the supervising speech-language pathologist information to other team members 
81.22 	without permission from the supervising speech-language pathologist; or
81.23 	(9) make referrals for additional services.
81.24 	(d) A speech-language pathology assistant must not only sign any formal documents, 
81.25 	including treatment plans, education plans, reimbursement forms, or reports, when cosigned 
81.26 	by the supervising speech-language pathologist. The speech-language pathology assistant 
81.27 	must sign or initial all treatment notes written by the assistant, which must then also be 
81.28 	cosigned by the supervising speech-language pathologist.

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

81.30 	Sec. 18. Minnesota Statutes 2022, section 148.5192, subdivision 3, is amended to read:
81.31 		Subd. 3.Supervision requirements. (a) A supervising speech-language pathologist 
81.32 	shall authorize and accept full responsibility for the performance, practice, and activity of 
82.1 	a speech-language pathology assistant. The amount and type of supervision required must 
82.2 	be based on the skills and experience of the speech-language pathology assistant. A minimum 
82.3 	of one hour every 30 days of consultative supervision time must be documented for each 
82.4 	speech-language pathology assistant.
82.5 	(b) A supervising speech-language pathologist must:
82.6 	(1) be licensed under sections 148.511 to 148.5198;
82.7 	(2) hold a certificate of clinical competence from the American Speech-Language-Hearing 
82.8 	Association or its equivalent as approved by the commissioner; and
82.9 	(3) have completed at least one ten hours of continuing education unit in supervision.
82.10 	(c) The supervision of a speech-language pathology assistant shall be maintained on the 
82.11 	following schedule:
82.12 	(1) for the first 90 workdays, within a 40-hour work week, 30 percent of the work 
82.13 	performed by the speech-language pathology assistant must be supervised and at least 20 
82.14 	percent of the work performed must be under direct supervision; and
82.15 	(2) for the work period after the initial 90-day period, within a 40-hour work week, 20 
82.16 	percent of the work performed must be supervised and at least ten percent of the work 
82.17 	performed must be under direct supervision Once every 60 days, the supervising 
82.18 	speech-language pathologist must treat or cotreat with the speech-language pathology 
82.19 	assistant each client on the speech-language pathology assistant's caseload.
82.20 	(d) For purposes of this section, "direct supervision" means on-site, in-view observation 
82.21 	and guidance by the supervising speech-language pathologist during the performance of a 
82.22 	delegated duty that occurs either on-site and in-view or through the use of real-time, two-way 
82.23 	interactive audio and visual communication. The supervision requirements described in this 
82.24 	section are minimum requirements. Additional supervision requirements may be imposed 
82.25 	at the discretion of the supervising speech-language pathologist.
82.26 	(e) A supervising speech-language pathologist must be available to communicate with 
82.27 	a speech-language pathology assistant at any time the assistant is in direct contact with a 
82.28 	client.
82.29 	(f) A supervising speech-language pathologist must document activities performed by 
82.30 	the assistant that are directly supervised by the supervising speech-language pathologist. 
82.31 	At a minimum, the documentation must include:
83.1 	(1) information regarding the quality of the speech-language pathology assistant's 
83.2 	performance of the delegated duties; and
83.3 	(2) verification that any delegated clinical activity was limited to duties authorized to 
83.4 	be performed by the speech-language pathology assistant under this section.
83.5 	(g) A supervising speech-language pathologist must review and cosign all informal 
83.6 	treatment notes signed or initialed by the speech-language pathology assistant.
83.7 	(h) A full-time, speech-language pathologist may supervise no more than one two
83.8 	full-time, speech-language pathology assistant assistants or the equivalent of one two
83.9 	full-time assistant assistants.

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

83.11 	Sec. 19. Minnesota Statutes 2022, section 148.5193, subdivision 1, is amended to read:
83.12 		Subdivision 1.Number of contact hours required; speech-language pathologists 
83.13 	and audiologists. (a) An applicant for licensure renewal as a speech-language pathologist 
83.14 	or audiologist must meet the requirements for continuing education stipulated by the 
83.15 	American Speech-Language-Hearing Association or the American Board of Audiology, or 
83.16 	satisfy the requirements described in paragraphs (b) to (e).
83.17 	(b) Within one month following expiration of a license, an applicant for licensure renewal 
83.18 	as either a speech-language pathologist or an audiologist must provide evidence to the 
83.19 	commissioner of a minimum of 30 contact hours of continuing education obtained within 
83.20 	the two years immediately preceding licensure expiration. A minimum of 20 contact hours 
83.21 	of continuing education must be directly related to the licensee's area of licensure. Ten 
83.22 	contact hours of continuing education may be in areas generally related to the licensee's 
83.23 	area of licensure. Licensees who are issued licenses for a period of less than two years shall 
83.24 	prorate the number of contact hours required for licensure renewal based on the number of 
83.25 	months licensed during the biennial licensure period. Licensees shall receive contact hours 
83.26 	for continuing education activities only for the biennial licensure period in which the 
83.27 	continuing education activity was performed.
83.28 	(c) An applicant for licensure renewal as both a speech-language pathologist and an 
83.29 	audiologist must attest to and document completion of a minimum of 36 contact hours of 
83.30 	continuing education offered by a continuing education sponsor within the two years 
83.31 	immediately preceding licensure renewal. A minimum of 15 contact hours must be received 
83.32 	in the area of speech-language pathology and a minimum of 15 contact hours must be 
83.33 	received in the area of audiology. Six contact hours of continuing education may be in areas 
84.1 	generally related to the licensee's areas of licensure. Licensees who are issued licenses for 
84.2 	a period of less than two years shall prorate the number of contact hours required for licensure 
84.3 	renewal based on the number of months licensed during the biennial licensure period. 
84.4 	Licensees shall receive contact hours for continuing education activities only for the biennial 
84.5 	licensure period in which the continuing education activity was performed.
84.6 	(d) If the licensee is licensed by the Professional Educator Licensing and Standards 
84.7 	Board:
84.8 	(1) activities that are approved in the categories of Minnesota Rules, part 8710.7200, 
84.9 	subpart 3, items A and B, and that relate to speech-language pathology, shall be considered:
84.10 	(i) offered by a sponsor of continuing education; and
84.11 	(ii) directly related to speech-language pathology;
84.12 	(2) activities that are approved in the categories of Minnesota Rules, part 8710.7200, 
84.13 	subpart 3, shall be considered:
84.14 	(i) offered by a sponsor of continuing education; and
84.15 	(ii) generally related to speech-language pathology; and
84.16 	(3) one clock hour as defined in Minnesota Rules, part 8710.7200, subpart 1, is equivalent 
84.17 	to 1.0 contact hours of continuing education.
84.18 	(e) Contact hours may not be accumulated in advance and transferred to a future 
84.19 	continuing education period.

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

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

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

85.1 	Sec. 21. Minnesota Statutes 2022, section 148.5194, is amended by adding a subdivision 
85.2 	to read:
85.3 		Subd. 3b.Speech-language pathology assistant licensure fees. The fee for initial 
85.4 	licensure as a speech-language pathology assistant is $493. The fee for licensure renewal 
85.5 	for a speech-language pathology assistant is $493.

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

85.7 	Sec. 22. Minnesota Statutes 2022, section 148.5194, subdivision 8, is amended to read:
85.8 		Subd. 8.Penalty fees. (a) The penalty fee for practicing speech-language pathology or 
85.9 	audiology, practicing as a speech-language pathology assistant, or using protected titles 
85.10 	without a current license after the credential has expired and before it is renewed is the 
85.11 	amount of the license renewal fee for any part of the first month, plus the license renewal 
85.12 	fee for any part of any subsequent month up to 36 months.
85.13 	(b) The penalty fee for applicants who engage in the unauthorized practice of 
85.14 	speech-language pathology or audiology, practice as a speech-language pathology assistant,
85.15 	or using use of protected titles before being issued a license is the amount of the license 
85.16 	application fee for any part of the first month, plus the license application fee for any part 
85.17 	of any subsequent month up to 36 months. This paragraph does not apply to applicants not 
85.18 	qualifying for a license who engage in the unauthorized practice of speech language 
85.19 	pathology or audiology or in the unauthorized practice as a speech-language pathology 
85.20 	assistant.
85.21 	(c) The penalty fee for practicing speech-language pathology or audiology and failing 
85.22 	to submit a continuing education report by the due date with the correct number or type of 
85.23 	hours in the correct time period is $100 plus $20 for each missing clock hour. The penalty 
85.24 	fee for a licensed speech-language pathology assistant who fails to submit a continuing 
85.25 	education report by the due date with the correct number or type of hours in the correct time 
85.26 	period is $100 plus $20 for each missing clock hour. "Missing" means not obtained between 
85.27 	the effective and expiration dates of the certificate, the one-month period following the 
85.28 	certificate expiration date, or the 30 days following notice of a penalty fee for failing to 
85.29 	report all continuing education hours. The licensee must obtain the missing number of 
85.30 	continuing education hours by the next reporting due date.
85.31 	(d) Civil penalties and discipline incurred by licensees prior to August 1, 2005, for 
85.32 	conduct described in paragraph (a), (b), or (c) shall be recorded as nondisciplinary penalty 
85.33 	fees. For conduct described in paragraph (a) or (b) occurring after August 1, 2005, and 
86.1 	exceeding six months, payment of a penalty fee does not preclude any disciplinary action 
86.2 	reasonably justified by the individual case.

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

86.4 	Sec. 23. Minnesota Statutes 2023 Supplement, section 148.5195, subdivision 3, is amended 
86.5 	to read:
86.6 		Subd. 3.Grounds for disciplinary action by commissioner. The commissioner may 
86.7 	take any of the disciplinary actions listed in subdivision 4 on proof that the individual has:
86.8 	(1) intentionally submitted false or misleading information to the commissioner or the 
86.9 	advisory council;
86.10 	(2) failed, within 30 days, to provide information in response to a written request by the 
86.11 	commissioner or advisory council;
86.12 	(3) performed services of a speech-language pathologist or, audiologist, or 
86.13 	speech-language pathology assistant in an incompetent or negligent manner;
86.14 	(4) violated sections 148.511 to 148.5198;
86.15 	(5) failed to perform services with reasonable judgment, skill, or safety due to the use 
86.16 	of alcohol or drugs, or other physical or mental impairment;
86.17 	(6) violated any state or federal law, rule, or regulation, and the violation is a felony or 
86.18 	misdemeanor, an essential element of which is dishonesty, or which relates directly or 
86.19 	indirectly to the practice of speech-language pathology or audiology or to the practice of a 
86.20 	speech-language pathology assistant. Conviction for violating any state or federal law which 
86.21 	relates to speech-language pathology or, audiology, or to the practice of a speech-language 
86.22 	pathology assistant is necessarily considered to constitute a violation, except as provided 
86.23 	in chapter 364;
86.24 	(7) aided or abetted another person in violating any provision of sections 148.511 to 
86.25 	148.5198;
86.26 	(8) been or is being disciplined by another jurisdiction, if any of the grounds for the 
86.27 	discipline is the same or substantially equivalent to those under sections 148.511 to 148.5198;
86.28 	(9) not cooperated with the commissioner or advisory council in an investigation 
86.29 	conducted according to subdivision 1;
86.30 	(10) advertised in a manner that is false or misleading;
87.1 	(11) engaged in conduct likely to deceive, defraud, or harm the public; or demonstrated 
87.2 	a willful or careless disregard for the health, welfare, or safety of a client;
87.3 	(12) failed to disclose to the consumer any fee splitting or any promise to pay a portion 
87.4 	of a fee to any other professional other than a fee for services rendered by the other 
87.5 	professional to the client;
87.6 	(13) engaged in abusive or fraudulent billing practices, including violations of federal 
87.7 	Medicare and Medicaid laws, Food and Drug Administration regulations, or state medical 
87.8 	assistance laws;
87.9 	(14) obtained money, property, or services from a consumer through the use of undue 
87.10 	influence, high pressure sales tactics, harassment, duress, deception, or fraud;
87.11 	(15) performed services for a client who had no possibility of benefiting from the services;
87.12 	(16) failed to refer a client for medical evaluation or to other health care professionals 
87.13 	when appropriate or when a client indicated symptoms associated with diseases that could 
87.14 	be medically or surgically treated;
87.15 	(17) had the certification required by chapter 153A denied, suspended, or revoked 
87.16 	according to chapter 153A;
87.17 	(18) used the term doctor of audiology, doctor of speech-language pathology, AuD, or 
87.18 	SLPD without having obtained the degree from an institution accredited by the North Central 
87.19 	Association of Colleges and Secondary Schools, the Council on Academic Accreditation 
87.20 	in Audiology and Speech-Language Pathology, the United States Department of Education, 
87.21 	or an equivalent;
87.22 	(19) failed to comply with the requirements of section 148.5192 regarding supervision 
87.23 	of speech-language pathology assistants; or
87.24 	(20) if the individual is an audiologist or certified prescription hearing aid dispenser:
87.25 	(i) prescribed to a consumer or potential consumer the use of a prescription hearing aid, 
87.26 	unless the prescription from a physician, an audiologist, or a certified dispenser is in writing, 
87.27 	is based on an audiogram that is delivered to the consumer or potential consumer when the 
87.28 	prescription is made, and bears the following information in all capital letters of 12-point 
87.29 	or larger boldface type: "THIS PRESCRIPTION MAY BE FILLED BY, AND 
87.30 	PRESCRIPTION HEARING AIDS MAY BE PURCHASED FROM, THE LICENSED 
87.31 	AUDIOLOGIST OR CERTIFIED DISPENSER OF YOUR CHOICE";
88.1 	(ii) failed to give a copy of the audiogram, upon which the prescription is based, to the 
88.2 	consumer when the consumer requests a copy;
88.3 	(iii) failed to provide the consumer rights brochure required by section 148.5197, 
88.4 	subdivision 3;
88.5 	(iv) failed to comply with restrictions on sales of prescription hearing aids in sections 
88.6 	148.5197, subdivision 3, and 148.5198;
88.7 	(v) failed to return a consumer's prescription hearing aid used as a trade-in or for a 
88.8 	discount in the price of a new prescription hearing aid when requested by the consumer 
88.9 	upon cancellation of the purchase agreement;
88.10 	(vi) failed to follow Food and Drug Administration or Federal Trade Commission 
88.11 	regulations relating to dispensing prescription hearing aids;
88.12 	(vii) failed to dispense a prescription hearing aid in a competent manner or without 
88.13 	appropriate training;
88.14 	(viii) delegated prescription hearing aid dispensing authority to a person not authorized 
88.15 	to dispense a prescription hearing aid under this chapter or chapter 153A;
88.16 	(ix) failed to comply with the requirements of an employer or supervisor of a prescription 
88.17 	hearing aid dispenser trainee;
88.18 	(x) violated a state or federal court order or judgment, including a conciliation court 
88.19 	judgment, relating to the activities of the individual's prescription hearing aid dispensing; 
88.20 	or
88.21 	(xi) failed to include on the audiogram the practitioner's printed name, credential type, 
88.22 	credential number, signature, and date.

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

88.24 	Sec. 24. Minnesota Statutes 2022, section 148.5195, subdivision 5, is amended to read:
88.25 		Subd. 5.Consequences of disciplinary actions. Upon the suspension or revocation of 
88.26 	licensure, the speech-language pathologist or audiologist, or speech-language pathology 
88.27 	assistant, shall cease to practice speech-language pathology or audiology, or practice as a 
88.28 	speech-language pathology assistant, to use titles protected under sections 148.511 to 
88.29 	148.5198, and to represent to the public that the speech-language pathologist or audiologist, 
88.30 	or speech-language pathology assistant, is licensed by the commissioner.

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

89.1 	Sec. 25. Minnesota Statutes 2022, section 148.5195, subdivision 6, is amended to read:
89.2 		Subd. 6.Reinstatement requirements after disciplinary action. A speech-language 
89.3 	pathologist or audiologist, or speech-language pathology assistant, who has had licensure 
89.4 	suspended may petition on forms provided by the commissioner for reinstatement following 
89.5 	the period of suspension specified by the commissioner. The requirements of section 
89.6 	148.5191 for renewing licensure must be met before licensure may be reinstated.

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

89.8 	Sec. 26. Minnesota Statutes 2023 Supplement, section 148.5196, subdivision 1, is amended 
89.9 	to read:
89.10 		Subdivision 1.Membership. The commissioner shall appoint 12 13 persons to a 
89.11 	Speech-Language Pathologist and Audiologist Advisory Council. The 12 13 persons must 
89.12 	include:
89.13 	(1) three public members, as defined in section 214.02. Two of the public members shall 
89.14 	be either persons receiving services of a speech-language pathologist or audiologist, or 
89.15 	family members of or caregivers to such persons, and at least one of the public members 
89.16 	shall be either a hearing aid user or an advocate of one;
89.17 	(2) three speech-language pathologists licensed under sections 148.511 to 148.5198, 
89.18 	one of whom is currently and has been, for the five years immediately preceding the 
89.19 	appointment, engaged in the practice of speech-language pathology in Minnesota and each 
89.20 	of whom is employed in a different employment setting including, but not limited to, private 
89.21 	practice, hospitals, rehabilitation settings, educational settings, and government agencies;
89.22 	(3) one speech-language pathologist licensed under sections 148.511 to 148.5198, who 
89.23 	is currently and has been, for the five years immediately preceding the appointment, 
89.24 	employed by a Minnesota public school district or a Minnesota public school district 
89.25 	consortium that is authorized by Minnesota Statutes and who is licensed in speech-language 
89.26 	pathology by the Professional Educator Licensing and Standards Board;
89.27 	(4) three audiologists licensed under sections 148.511 to 148.5198, two of whom are 
89.28 	currently and have been, for the five years immediately preceding the appointment, engaged 
89.29 	in the practice of audiology and the dispensing of prescription hearing aids in Minnesota 
89.30 	and each of whom is employed in a different employment setting including, but not limited 
89.31 	to, private practice, hospitals, rehabilitation settings, educational settings, industry, and 
89.32 	government agencies;
90.1 	(5) one nonaudiologist prescription hearing aid dispenser recommended by a professional 
90.2 	association representing prescription hearing aid dispensers; and
90.3 	(6) one physician licensed under chapter 147 and certified by the American Board of 
90.4 	Otolaryngology, Head and Neck Surgery; and
90.5 	(7) one speech-language pathology assistant licensed under sections 148.511 to 148.5198.

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

90.7 	Sec. 27. Minnesota Statutes 2022, section 148.5196, subdivision 3, is amended to read:
90.8 		Subd. 3.Duties. The advisory council shall:
90.9 	(1) advise the commissioner regarding speech-language pathologist and audiologist 
90.10 	licensure standards;
90.11 	(2) advise the commissioner regarding the delegation of duties to, the licensure standards 
90.12 	for, and the training required for speech-language pathology assistants;
90.13 	(3) advise the commissioner on enforcement of sections 148.511 to 148.5198;
90.14 	(4) provide for distribution of information regarding speech-language pathologist and,
90.15 	audiologist, and speech-language pathology assistant licensure standards;
90.16 	(5) review applications and make recommendations to the commissioner on granting or 
90.17 	denying licensure or licensure renewal;
90.18 	(6) review reports of investigations relating to individuals and make recommendations 
90.19 	to the commissioner as to whether licensure should be denied or disciplinary action taken 
90.20 	against the individual;
90.21 	(7) advise the commissioner regarding approval of continuing education activities 
90.22 	provided by sponsors using the criteria in section 148.5193, subdivision 2; and
90.23 	(8) perform other duties authorized for advisory councils under chapter 214, or as directed 
90.24 	by the commissioner.

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

90.26 	Sec. 28. Minnesota Statutes 2023 Supplement, section 245C.031, subdivision 4, is amended 
90.27 	to read:
90.28 		Subd. 4.Applicants, licensees, and other occupations regulated by the commissioner 
90.29 	of health. The commissioner shall conduct an alternative background study, including a 
90.30 	check of state data, and a national criminal history records check of the following individuals. 
91.1 	For studies under this section, the following persons shall complete a consent form and 
91.2 	criminal history disclosure form:
91.3 	(1) An applicant for initial licensure, temporary licensure, or relicensure after a lapse in 
91.4 	licensure as an audiologist or, speech-language pathologist, or speech-language pathologist 
91.5 	assistant, or an applicant for initial certification as a hearing instrument dispenser who must 
91.6 	submit to a background study under section 144.0572.
91.7 	(2) An applicant for a renewal license or certificate as an audiologist, speech-language 
91.8 	pathologist, or hearing instrument dispenser who was licensed or obtained a certificate 
91.9 	before January 1, 2018.

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

91.11 	ARTICLE 13
91.12 	APPROPRIATIONS

91.13 	Section 1. COMMISSIONER OF HEALTH.
 91.14 		Subdivision 1.Registration of transfer care specialists. $198,000 in fiscal year 2025 
91.15 	is appropriated from the state government special revenue fund to the commissioner of 
91.16 	health to implement registration requirements for transfer care specialists under Minnesota 
91.17 	Statutes, section 149A.47. The base for this appropriation is $105,000 in fiscal year 2026 
91.18 	and $105,000 in fiscal year 2027.
91.19 		Subd. 2.Licensure of speech-language pathology assistants. $105,000 in fiscal year 
91.20 	2025 is appropriated from the state government special revenue fund to the commissioner 
91.21 	of health to implement licensing requirements for speech-language pathology assistants 
91.22 	under Minnesota Statutes, section 148.5181. The base for this appropriation is $22,000 in 
91.23 	fiscal year 2026 and $22,000 in fiscal year 2027.
91.24 		Subd. 3.Audiology and speech-language interstate compact. $279,000 in fiscal year 
91.25 	2025 is appropriated from the state government special revenue fund to the commissioner 
91.26 	of health to implement the audiology and speech-language pathology interstate compact 
91.27 	under Minnesota Statutes, section 148.5185. The base for this appropriation is $106,000 in 
91.28 	fiscal year 2026 and $106,000 in fiscal year 2027.

91.29 	Sec. 2. BOARD OF BEHAVIORAL HEALTH AND THERAPY; LICENSED 
91.30 	PROFESSIONAL COUNSELOR INTERSTATE COMPACT.
 91.31 	$159,000 in fiscal year 2025 is appropriated from the state government special revenue 
91.32 	fund to the Board of Behavioral Health and Therapy to implement the licensed professional 
92.1 	counselor interstate compact under Minnesota Statutes, section 148B.75. The base for this 
92.2 	appropriation is $95,000 in fiscal year 2026 and $95,000 in fiscal year 2027.

92.3 	Sec. 3. BOARD OF DENTISTRY.
 92.4 		Subdivision 1.Licensure by credential for dental assistants. $2,000 in fiscal year 
92.5 	2025 is appropriated from the state government special revenue fund to the Board of Dentistry 
92.6 	to implement modifications to licensing requirements under Minnesota Statutes, section 
92.7 	150A.06, subdivision 8. The base for this appropriation is $3,000 in fiscal year 2026 and 
92.8 	$5,000 in fiscal year 2027.
92.9 		Subd. 2.Dentist and dental hygienist compact. $41,000 in fiscal year 2025 is 
92.10 	appropriated from the state government special revenue fund to the Board of Dentistry to 
92.11 	implement the dentist and dental hygienist compact under Minnesota Statutes, section 
92.12 	150A.051. The base for this appropriation is $42,000 in fiscal year 2026 and $42,000 in 
92.13 	fiscal year 2027.

92.14 	Sec. 4. BOARD OF MARRIAGE AND FAMILY THERAPY; LICENSED 
92.15 	MARRIAGE AND FAMILY THERAPIST GUEST LICENSE.
 92.16 	$18,000 in fiscal year 2025 is appropriated from the state government special revenue 
92.17 	fund to the Board of Marriage and Family Therapy to implement the licensed marriage and 
92.18 	family therapist guest license under Minnesota Statutes, section 148B.331. The base for 
92.19 	this appropriation is $1,000 in fiscal year 2026 and $1,000 in fiscal year 2027.

92.20 	Sec. 5. BOARD OF MEDICAL PRACTICE.
 92.21 		Subdivision 1.Licensing requirements for graduates of foreign medical 
92.22 	schools. $81,000 in fiscal year 2025 is appropriated from the state government special 
92.23 	revenue fund to the Board of Medical Practice to implement licensing requirements for 
92.24 	graduates of foreign medical schools under Minnesota Statutes, section 147.037. The base 
92.25 	for this appropriation is $74,000 in fiscal year 2026 and $60,000 in fiscal year 2027.
92.26 		Subd. 2.Physician assistant licensure compact. $113,000 in fiscal year 2025 is 
92.27 	appropriated from the state government special revenue fund to the Board of Medical Practice 
92.28 	to implement the physician assistant licensure compact under Minnesota Statutes, section 
92.29 	148.675. The base for this appropriation is $142,000 in fiscal year 2026 and $96,000 in 
92.30 	fiscal year 2027.

93.1 	Sec. 6. BOARD OF OCCUPATIONAL THERAPY PRACTICE; OCCUPATIONAL 
93.2 	THERAPY LICENSURE COMPACT.
 93.3 	$143,000 in fiscal year 2025 is appropriated from the state government special revenue 
93.4 	fund to the Board of Occupational Therapy Practice to implement the occupational therapy 
93.5 	licensure compact under Minnesota Statutes, section 148.645. The base for this appropriation 
93.6 	is $80,000 in fiscal year 2026 and $80,000 in fiscal year 2027.

93.7 	Sec. 7. BOARD OF PHYSICAL THERAPY; PHYSICAL THERAPY LICENSURE 
93.8 	COMPACT.
 93.9 	$160,000 in fiscal year 2025 is appropriated from the state government special revenue 
93.10 	fund to the Board of Physical Therapy to implement the physical therapy licensure compact 
93.11 	under Minnesota Statutes, section 148.676. The base for this appropriation is $95,000 in 
93.12 	fiscal year 2026 and $95,000 in fiscal year 2027.

93.13 	Sec. 8. BOARD OF PSYCHOLOGY; LICENSING REQUIREMENTS FOR 
93.14 	BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS.
 93.15 	$81,000 in fiscal year 2025 is appropriated from the state government special revenue 
93.16 	fund to the Board of Psychology to implement licensing requirements for behavior analysts 
93.17 	and assistant behavior analysts under Minnesota Statutes, sections 148.9981 to 148.9995. 
93.18 	The base for this appropriation is $47,000 in fiscal year 2026 and $47,000 in fiscal year 
93.19 	2027.

93.20 	Sec. 9. BOARD OF SOCIAL WORK.
 93.21 		Subdivision 1.Social worker provisional licensing. $133,000 in fiscal year 2025 is 
93.22 	appropriated from the state government special revenue fund to the Board of Social Work 
93.23 	to implement social worker provisional licensing requirements. The base for this 
93.24 	appropriation is $80,000 in fiscal year 2026 and $80,000 in fiscal year 2027.
93.25 		Subd. 2.Social work interstate compact. $3,000 in fiscal year 2025 is appropriated 
93.26 	from the state government special revenue fund to the Board of Social Work to implement 
93.27 	the social work interstate compact under Minnesota Statutes, sections 148E.40 to 148E.55. 
93.28 	The base for this appropriation is $149,000 in fiscal year 2026 and $83,000 in fiscal year 
93.29 	2027.

94.1 	Sec. 10. BOARD OF VETERINARY MEDICINE; LICENSING REQUIREMENTS 
94.2 	FOR VETERINARY TECHNICIANS.
 94.3 	$23,000 in fiscal year 2025 is appropriated from the state government special revenue 
94.4 	fund to the Board of Veterinary Medicine to implement licensing requirements for veterinary 
94.5 	technicians under Minnesota Statutes, section 156.077. The base for this appropriation is 
94.6 	$52,000 in fiscal year 2026 and $52,000 in fiscal year 2027.

94.7 	Sec. 11. EFFECTIVE DATE.
 94.8 	This article is effective July 1, 2024.

94.9 	ARTICLE 14
94.10 	PHYSICIAN ASSISTANTS

94.11 	Section 1. [148.675] PHYSICIAN ASSISTANT LICENSURE COMPACT.
94.12 	The physician assistant (PA) licensure compact is enacted into law and entered into with 
94.13 	all other jurisdictions legally joining in it in the form substantially specified in this section.
94.14 	ARTICLE I
94.15 	TITLE
94.16 	This statute shall be known and cited as the physician assistant licensure compact.
94.17 	ARTICLE II
94.18 	DEFINITIONS
94.19 	As used in this compact, and except as otherwise provided, the following terms have 
94.20 	the meanings given them.
94.21 	(a) "Adverse action" means any administrative, civil, equitable, or criminal action 
94.22 	permitted by a state's laws that is imposed by a licensing board or other authority against a 
94.23 	PA license, license application, or compact privilege such as license denial, censure, 
94.24 	revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's 
94.25 	practice.
94.26 	(b) "Charter participating states" means the states that enacted the compact prior to the 
94.27 	commission convening.
94.28 	(c) "Compact privilege" means the authorization granted by a remote state to allow a 
94.29 	licensee from another participating state to practice as a PA to provide medical services or 
95.1 	other licensed activities to a patient located in the remote state under the remote state's laws 
95.2 	and regulations.
95.3 	(d) "Conviction" means a finding by a court that an individual is guilty of a felony or 
95.4 	misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the 
95.5 	charge by the offender.
95.6 	(e) "Criminal background check" means the submission of fingerprints or other 
95.7 	biometric-based information for a license applicant for the purpose of obtaining that 
95.8 	applicant's criminal history record information, as defined in Code of Federal Regulations, 
95.9 	title 28, part 20, subpart 20.3, clause (d), from the state's criminal history record repository, 
95.10 	as defined in Code of Federal Regulations, title 28, part 20, subpart 20.3, clause (f).
95.11 	(f) "Data system" means the repository of information about licensees, including but not 
95.12 	limited to license status and adverse action, that is created and administered under the terms 
95.13 	of this compact.
95.14 	(g) "Executive committee" means a group of directors and ex officio individuals elected 
95.15 	or appointed pursuant to article VII, paragraph (f), clause (2).
95.16 	(h) "Impaired practitioner" means a PA whose practice is adversely affected by a 
95.17 	health-related condition that impacts the PA's ability to practice.
95.18 	(i) "Investigative information" means information, records, and documents received or 
95.19 	generated by a licensing board pursuant to an investigation.
95.20 	(j) "Jurisprudence requirement" means the assessment of an individual's knowledge of 
95.21 	the laws and rules governing the practice of a PA in a state.
95.22 	(k) "License" means current authorization by a state, other than authorization pursuant 
95.23 	to a compact privilege, for a PA to provide medical services, which would be unlawful 
95.24 	without current authorization.
95.25 	(l) "Licensee" means an individual who holds a license from a state to provide medical 
95.26 	services as a PA.
95.27 	(m) "Licensing board" means any state entity authorized to license and otherwise regulate 
95.28 	PAs.
95.29 	(n) "Medical services" means health care services provided for the diagnosis, prevention, 
95.30 	treatment, cure, or relief of a health condition, injury, or disease, as defined by a state's laws 
95.31 	and regulations.
96.1 	(o) "Model compact" means the model for the PA licensure compact on file with the 
96.2 	Council of State Governments or other entity as designated by the commission.
96.3 	(p) "Participating state" means a state that has enacted this compact.
96.4 	(q) "PA" means an individual who is licensed as a physician assistant in a state. For 
96.5 	purposes of this compact, any other title or status adopted by a state to replace the term 
96.6 	"physician assistant" shall be deemed synonymous with "physician assistant" and shall 
96.7 	confer the same rights and responsibilities to the licensee under the provisions of this compact 
96.8 	at the time of its enactment.
96.9 	(r) "PA Licensure Compact Commission" or "compact commission" or "commission" 
96.10 	means the national administrative body created pursuant to article VII, paragraph (a).
96.11 	(s) "Qualifying license" means an unrestricted license issued by a participating state to 
96.12 	provide medical services as a PA.
96.13 	(t) "Remote state" means a participating state where a licensee who is not licensed as a 
96.14 	PA is exercising or seeking to exercise the compact privilege.
96.15 	(u) "Rule" means a regulation promulgated by an entity that has the force and effect of 
96.16 	law.
96.17 	(v) "Significant investigative information" means investigative information that a 
96.18 	licensing board, after an inquiry or investigation that includes notification and an opportunity 
96.19 	for the PA to respond if required by state law, has reason to believe is not groundless and, 
96.20 	if proven true, would indicate more than a minor infraction.
96.21 	(w) "State" means any state, commonwealth, district, or territory of the United States.
96.22 	ARTICLE III
96.23 	STATE PARTICIPATION IN THE COMPACT
96.24 	(a) To participate in this compact, a participating state must:
96.25 	(1) license PAs;
96.26 	(2) participate in the commission's data system;
96.27 	(3) have a mechanism in place for receiving and investigating complaints against licensees 
96.28 	and license applicants;
96.29 	(4) notify the commission, in compliance with the terms of this compact and commission 
96.30 	rules, of any adverse action against the licensee or license applicant and the existence of 
96.31 	significant investigative information regarding a licensee or license applicant;
97.1 	(5) fully implement a criminal background check requirement, within a time frame 
97.2 	established by commission rule, by its licensing board receiving the results of a criminal 
97.3 	background check and reporting to the commission whether the license applicant has been 
97.4 	granted a license;
97.5 	(6) fully comply with the rules of the compact commission;
97.6 	(7) utilize a recognized national examination such as the National Commission on 
97.7 	Certification of Physician Assistants (NCCPA) physician assistant national certifying 
97.8 	examination as a requirement for PA licensure; and
97.9 	(8) grant the compact privilege to a holder of a qualifying license in a participating state.
97.10 	(b) Nothing in this compact prohibits a participating state from charging a fee for granting 
97.11 	the compact privilege.
97.12 	ARTICLE IV
97.13 	COMPACT PRIVILEGE
97.14 	(a) To exercise the compact privilege, a licensee must:
97.15 	(1) have graduated from a PA program accredited by the Accreditation Review 
97.16 	Commission on Education for the Physician Assistant, Inc. or other programs authorized 
97.17 	by commission rule;
97.18 	(2) hold current NCCPA certification;
97.19 	(3) have no felony or misdemeanor convictions;
97.20 	(4) have never had a controlled substance license, permit, or registration suspended or 
97.21 	revoked by a state or by the United States Drug Enforcement Administration;
97.22 	(5) have a unique identifier as determined by commission rule;
97.23 	(6) hold a qualifying license;
97.24 	(7) have had no revocation of a license or limitation or restriction due to an adverse 
97.25 	action on any currently held license;
97.26 	(8) if a licensee has had a limitation or restriction on a license or compact privilege due 
97.27 	to an adverse action, two years must have elapsed from the date on which the license or 
97.28 	compact privilege is no longer limited or restricted due to the adverse action;
97.29 	(9) if a compact privilege has been revoked or is limited or restricted in a participating 
97.30 	state for conduct that would not be a basis for disciplinary action in a participating state in 
97.31 	which the licensee is practicing or applying to practice under a compact privilege, that 
98.1 	participating state shall have the discretion not to consider such action as an adverse action 
98.2 	requiring the denial or removal of a compact privilege in that state;
98.3 	(10) notify the compact commission that the licensee is seeking the compact privilege 
98.4 	in a remote state;
98.5 	(11) meet any jurisprudence requirement of a remote state in which the licensee is seeking 
98.6 	to practice under the compact privilege and pay any fees applicable to satisfying the 
98.7 	jurisprudence requirement; and
98.8 	(12) report to the commission any adverse action taken by any nonparticipating state 
98.9 	within 30 days after the date the action is taken.
98.10 	(b) The compact privilege is valid until the expiration or revocation of the qualifying 
98.11 	license unless terminated pursuant to an adverse action. The licensee must also comply with 
98.12 	all of the requirements of paragraph (a) to maintain the compact privilege in a remote state. 
98.13 	If the participating state takes adverse action against a qualifying license, the licensee shall 
98.14 	lose the compact privilege in any remote state in which the licensee has a compact privilege 
98.15 	until all of the following occur:
98.16 	(1) the license is no longer limited or restricted; and
98.17 	(2) two years have elapsed from the date on which the license is no longer limited or 
98.18 	restricted due to the adverse action.
98.19 	(c) Once a restricted or limited license satisfies the requirements of paragraph (b), the 
98.20 	licensee must meet the requirements of paragraph (a) to obtain a compact privilege in any 
98.21 	remote state.
98.22 	(d) For each remote state in which a PA seeks authority to prescribe controlled substances, 
98.23 	the PA shall satisfy all requirements imposed by such state in granting or renewing such 
98.24 	authority.
98.25 	ARTICLE V
98.26 	DESIGNATION OF THE STATE FROM WHICH LICENSEE IS APPLYING FOR 
98.27 	COMPACT PRIVILEGE
98.28 	Upon a licensee's application for a compact privilege, the licensee must identify to the 
98.29 	commission the participating state from which the licensee is applying, in accordance with 
98.30 	applicable rules adopted by the commission, and subject to the following requirements:
99.1 	(1) the licensee must provide the commission with the address of the licensee's primary 
99.2 	residence and thereafter shall immediately report to the commission any change in the 
99.3 	address of the licensee's primary residence; and
99.4 	(2) the licensee must consent to accept service of process by mail at the licensee's primary 
99.5 	residence on file with the commission with respect to any action brought against the licensee 
99.6 	by the commission or a participating state, including a subpoena, with respect to any action 
99.7 	brought or investigation conducted by the commission or a participating state.
99.8 	ARTICLE VI
99.9 	ADVERSE ACTIONS
99.10 	(a) A participating state in which a licensee is licensed shall have exclusive power to 
99.11 	impose adverse action against the qualifying license issued by that participating state.
99.12 	(b) In addition to the other powers conferred by state law, a remote state shall have the 
99.13 	authority, in accordance with existing state due process law, to do the following:
99.14 	(1) take adverse action against a PA's compact privilege in the state to remove a licensee's 
99.15 	compact privilege or take other action necessary under applicable law to protect the health 
99.16 	and safety of its citizens; and
99.17 	(2) issue subpoenas for both hearings and investigations that require the attendance and 
99.18 	testimony of witnesses and the production of evidence. Subpoenas issued by a licensing 
99.19 	board in a participating state for the attendance and testimony of witnesses or the production 
99.20 	of evidence from another participating state shall be enforced in the latter state by any court 
99.21 	of competent jurisdiction, according to the practice and procedure of that court applicable 
99.22 	to subpoenas issued in proceedings pending before it. The issuing authority shall pay any 
99.23 	witness fees, travel expenses, mileage, and other fees required by the service statutes of the 
99.24 	state in which the witnesses or evidence are located.
99.25 	(c) Notwithstanding paragraph (b), clause (1), subpoenas may not be issued by a 
99.26 	participating state to gather evidence of conduct in another state that is lawful in that other 
99.27 	state, for the purpose of taking adverse action against a licensee's compact privilege or 
99.28 	application for a compact privilege in that participating state.
99.29 	(d) Nothing in this compact authorizes a participating state to impose discipline against 
99.30 	a PA's compact privilege or to deny an application for a compact privilege in that participating 
99.31 	state for the individual's otherwise lawful practice in another state.
99.32 	(e) For purposes of taking adverse action, the participating state which issued the 
99.33 	qualifying license shall give the same priority and effect to reported conduct received from 
100.1 	any other participating state as it would if the conduct had occurred within the participating 
100.2 	state which issued the qualifying license. In so doing, that participating state shall apply its 
100.3 	own state laws to determine appropriate action.
100.4 	(f) A participating state, if otherwise permitted by state law, may recover from the 
100.5 	affected PA the costs of investigations and disposition of cases resulting from any adverse 
100.6 	action taken against that PA.
100.7 	(g) A participating state may take adverse action based on the factual findings of a remote 
100.8 	state, provided that the participating state follows its own procedures for taking the adverse 
100.9 	action.
100.10 	(h) Joint investigations:
100.11 	(1) in addition to the authority granted to a participating state by its respective state PA 
100.12 	laws and regulations or other applicable state law, any participating state may participate 
100.13 	with other participating states in joint investigations of licensees; and
100.14 	(2) participating states shall share any investigative, litigation, or compliance materials 
100.15 	in furtherance of any joint or individual investigation initiated under this compact.
100.16 	(i) If an adverse action is taken against a PA's qualifying license, the PA's compact 
100.17 	privilege in all remote states shall be deactivated until two years have elapsed after all 
100.18 	restrictions have been removed from the state license. All disciplinary orders by the 
100.19 	participating state which issued the qualifying license that impose adverse action against a 
100.20 	PA's license shall include a statement that the PA's compact privilege is deactivated in all 
100.21 	participating states during the pendency of the order.
100.22 	(j) If any participating state takes adverse action, it promptly shall notify the administrator 
100.23 	of the data system.
100.24 	ARTICLE VII
100.25 	ESTABLISHMENT OF THE PA LICENSURE COMPACT COMMISSION
100.26 	(a) The participating states hereby create and establish a joint government agency and 
100.27 	national administrative body known as the PA Licensure Compact Commission. The 
100.28 	commission is an instrumentality of the compact states acting jointly, and is not an 
100.29 	instrumentality of any one state. The commission shall come into existence on or after the 
100.30 	effective date of the compact as set forth in article XI, paragraph (a).
100.31 	(b) Membership, voting, and meetings:
101.1 	(1) each participating state shall have and be limited to one delegate selected by that 
101.2 	participating state's licensing board or, if the state has more than one licensing board, selected 
101.3 	collectively by the participating state's licensing boards;
101.4 	(2) the delegate shall be:
101.5 	(i) a current PA, physician, or public member of a licensing board or PA council or 
101.6 	committee; or
101.7 	(ii) an administrator of a licensing board;
101.8 	(3) any delegate may be removed or suspended from office as provided by the laws of 
101.9 	the state from which the delegate is appointed;
101.10 	(4) the participating state board shall fill any vacancy occurring in the commission within 
101.11 	60 days;
101.12 	(5) each delegate shall be entitled to one vote on all matters voted on by the commission 
101.13 	and shall otherwise have an opportunity to participate in the business and affairs of the 
101.14 	commission;
101.15 	(6) a delegate shall vote in person or by such other means as provided in the bylaws. 
101.16 	The bylaws may provide for delegates' participation in meetings by telecommunications, 
101.17 	video conference, or other means of communication;
101.18 	(7) the commission shall meet at least once during each calendar year. Additional 
101.19 	meetings shall be held as set forth in this compact and the bylaws; and
101.20 	(8) the commission shall establish by rule a term of office for delegates.
101.21 	(c) The commission shall have the following powers and duties:
101.22 	(1) establish a code of ethics for the commission;
101.23 	(2) establish the fiscal year of the commission;
101.24 	(3) establish fees;
101.25 	(4) establish bylaws;
101.26 	(5) maintain its financial records in accordance with the bylaws;
101.27 	(6) meet and take such actions as are consistent with the provisions of this compact and 
101.28 	the bylaws;
102.1 	(7) promulgate rules to facilitate and coordinate implementation and administration of 
102.2 	this compact. The rules shall have the force and effect of law and shall be binding in all 
102.3 	participating states;
102.4 	(8) bring and prosecute legal proceedings or actions in the name of the commission, 
102.5 	provided that the standing of any state licensing board to sue or be sued under applicable 
102.6 	law shall not be affected;
102.7 	(9) purchase and maintain insurance and bonds;
102.8 	(10) borrow, accept, or contract for services of personnel, including but not limited to 
102.9 	employees of a participating state;
102.10 	(11) hire employees and engage contractors, elect or appoint officers, fix compensation, 
102.11 	define duties, grant such individuals appropriate authority to carry out the purposes of this 
102.12 	compact, and establish the commission's personnel policies and programs relating to conflicts 
102.13 	of interest, qualifications of personnel, and other related personnel matters;
102.14 	(12) accept any and all appropriate donations and grants of money, equipment, supplies, 
102.15 	materials, and services, and receive, utilize, and dispose of the same, provided that at all 
102.16 	times the commission shall avoid any appearance of impropriety or conflict of interest;
102.17 	(13) lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, 
102.18 	improve, or use, any property, real, personal, or mixed, provided that at all times the 
102.19 	commission shall avoid any appearance of impropriety;
102.20 	(14) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of 
102.21 	any property real, personal, or mixed;
102.22 	(15) establish a budget and make expenditures;
102.23 	(16) borrow money;
102.24 	(17) appoint committees, including standing committees composed of members, state 
102.25 	regulators, state legislators or their representatives, and consumer representatives, and such 
102.26 	other interested persons as may be designated in this compact and the bylaws;
102.27 	(18) provide and receive information from, and cooperate with, law enforcement agencies;
102.28 	(19) elect a chair, vice chair, secretary, and treasurer and such other officers of the 
102.29 	commission as provided in the commission's bylaws;
102.30 	(20) reserve for itself, in addition to those reserved exclusively to the commission under 
102.31 	the compact, powers that the executive committee may not exercise;
103.1 	(21) approve or disapprove a state's participation in the compact based upon its 
103.2 	determination as to whether the state's compact legislation departs in a material manner 
103.3 	from the model compact language;
103.4 	(22) prepare and provide to the participating states an annual report; and
103.5 	(23) perform such other functions as may be necessary or appropriate to achieve the 
103.6 	purposes of this compact consistent with the state regulation of PA licensure and practice.
103.7 	(d) Meetings of the commission:
103.8 	(1) all meetings of the commission that are not closed pursuant to this paragraph shall 
103.9 	be open to the public. Notice of public meetings shall be posted on the commission's website 
103.10 	at least 30 days prior to the public meeting;
103.11 	(2) notwithstanding clause (1), the commission may convene a public meeting by 
103.12 	providing at least 24 hours' prior notice on the commission's website, and any other means 
103.13 	as provided in the commission's rules, for any of the reasons it may dispense with notice of 
103.14 	proposed rulemaking under article IX, paragraph (l);
103.15 	(3) the commission may convene in a closed, nonpublic meeting or nonpublic part of a 
103.16 	public meeting to receive legal advice or to discuss:
103.17 	(i) noncompliance of a participating state with its obligations under this compact;
103.18 	(ii) the employment, compensation, discipline, or other matters, practices, or procedures 
103.19 	related to specific employees, or other matters related to the commission's internal personnel 
103.20 	practices and procedures;
103.21 	(iii) current, threatened, or reasonably anticipated litigation;
103.22 	(iv) negotiation of contracts for the purchase, lease, or sale of goods, services, or real 
103.23 	estate;
103.24 	(v) accusing any person of a crime or formally censuring any person;
103.25 	(vi) disclosure of trade secrets or commercial or financial information that is privileged 
103.26 	or confidential;
103.27 	(vii) disclosure of information of a personal nature where disclosure would constitute a 
103.28 	clearly unwarranted invasion of personal privacy;
103.29 	(viii) disclosure of investigative records compiled for law enforcement purposes;
104.1 	(ix) disclosure of information related to any investigative reports prepared by or on 
104.2 	behalf of, or for use of, the commission or other committee charged with responsibility of 
104.3 	investigation or determination of compliance issues pursuant to this compact;
104.4 	(x) legal advice; or
104.5 	(xi) matters specifically exempted from disclosure by federal or participating states' 
104.6 	statutes;
104.7 	(4) if a meeting, or portion of a meeting, is closed pursuant to clause (3), the chair of 
104.8 	the meeting or the chair's designee shall certify that the meeting or portion of the meeting 
104.9 	may be closed and shall reference each relevant exempting provision; and
104.10 	(5) the commission shall keep minutes that fully and clearly describe all matters discussed 
104.11 	in a meeting and shall provide a full and accurate summary of actions taken, including a 
104.12 	description of the views expressed. All documents considered in connection with an action 
104.13 	shall be identified in such minutes. All minutes and documents of a closed meeting shall 
104.14 	remain under seal, subject to release by a majority vote of the commission or order of a 
104.15 	court of competent jurisdiction.
104.16 	(e) Financing of the commission:
104.17 	(1) the commission shall pay, or provide for the payment of, the reasonable expenses of 
104.18 	its establishment, organization, and ongoing activities;
104.19 	(2) the commission may accept any and all appropriate revenue sources, donations, and 
104.20 	grants of money, equipment, supplies, materials, and services;
104.21 	(3) the commission may levy on and collect an annual assessment from each participating 
104.22 	state and may impose compact privilege fees on licensees of participating states to whom 
104.23 	a compact privilege is granted, to cover the cost of the operations and activities of the 
104.24 	commission and its staff. The cost of the operations and activities of the commission and 
104.25 	its staff must be in a total amount sufficient to cover its annual budget as approved by the 
104.26 	commission each year for which revenue is not provided by other sources. The aggregate 
104.27 	annual assessment amount levied on participating states shall be allocated based upon a 
104.28 	formula to be determined by commission rule:
104.29 	(i) a compact privilege expires when the licensee's qualifying license in the participating 
104.30 	state from which the licensee applied for the compact privilege expires; and
104.31 	(ii) if the licensee terminates the qualifying license through which the licensee applied 
104.32 	for the compact privilege before its scheduled expiration, and the licensee has a qualifying 
104.33 	license in another participating state, the licensee shall inform the commission that it is 
105.1 	changing the participating state through which it applies for a compact privilege to the other 
105.2 	participating state and pay to the commission any compact privilege fee required by 
105.3 	commission rule;
105.4 	(4) the commission shall not incur obligations of any kind prior to securing the funds 
105.5 	adequate to meet the same, nor shall the commission pledge the credit of any of the 
105.6 	participating states, except by and with the authority of the participating state; and
105.7 	(5) the commission shall keep accurate accounts of all receipts and disbursements. The 
105.8 	receipts and disbursements of the commission shall be subject to the financial review and 
105.9 	accounting procedures established under its bylaws. All receipts and disbursements of funds 
105.10 	handled by the commission shall be subject to an annual financial review by a certified or 
105.11 	licensed public accountant, and the report of the financial review shall be included in and 
105.12 	become part of the annual report of the commission.
105.13 	(f) The executive committee:
105.14 	(1) the executive committee shall have the power to act on behalf of the commission 
105.15 	according to the terms of this compact and commission rules;
105.16 	(2) the executive committee shall be composed of nine members as follows:
105.17 	(i) seven voting members who are elected by the commission from the current 
105.18 	membership of the commission;
105.19 	(ii) one ex officio, nonvoting member from a recognized national PA professional 
105.20 	association; and
105.21 	(iii) one ex officio, nonvoting member from a recognized national PA certification 
105.22 	organization;
105.23 	(3) the ex officio members will be selected by their respective organizations;
105.24 	(4) the commission may remove any member of the executive committee as provided 
105.25 	in its bylaws;
105.26 	(5) the executive committee shall meet at least annually;
105.27 	(6) the executive committee shall have the following duties and responsibilities:
105.28 	(i) recommend to the entire commission changes to the commission's rules or bylaws, 
105.29 	changes to this compact legislation, fees paid by compact participating states such as annual 
105.30 	dues, and any commission compact fee charged to licensees for the compact privilege;
106.1 	(ii) ensure compact administration services are appropriately provided, contractual or 
106.2 	otherwise;
106.3 	(iii) prepare and recommend the budget;
106.4 	(iv) maintain financial records on behalf of the commission;
106.5 	(v) monitor compact compliance of participating states and provide compliance reports 
106.6 	to the commission;
106.7 	(vi) establish additional committees as necessary;
106.8 	(vii) exercise the powers and duties of the commission during the interim between 
106.9 	commission meetings, except for issuing proposed rulemaking or adopting commission 
106.10 	rules or bylaws, or exercising any other powers and duties exclusively reserved to the 
106.11 	commission by the commission's rules; and
106.12 	(viii) perform other duties as provided in commission's rules or bylaws;
106.13 	(7) all meetings of the executive committee at which it votes or plans to vote on matters 
106.14 	in exercising the powers and duties of the commission shall be open to the public, and public 
106.15 	notice of such meetings shall be given as public meetings of the commission are given; and
106.16 	(8) the executive committee may convene in a closed, nonpublic meeting for the same 
106.17 	reasons that the commission may convene in a nonpublic meeting as set forth in paragraph 
106.18 	(d), clause (3), and shall announce the closed meeting as the commission is required to 
106.19 	under paragraph (d), clause (4), and keep minutes of the closed meeting as the commission 
106.20 	is required to under paragraph (d), clause (5).
106.21 	(g) Qualified immunity, defense, and indemnification:
106.22 	(1) the members, officers, executive director, employees, and representatives of the 
106.23 	commission shall be immune from suit and liability, both personally and in their official 
106.24 	capacity, for any claim for damage to or loss of property or personal injury or other civil 
106.25 	liability caused by or arising out of any actual or alleged act, error, or omission that occurred, 
106.26 	or that the person against whom the claim is made had a reasonable basis for believing 
106.27 	occurred, within the scope of commission employment, duties, or responsibilities, provided 
106.28 	that nothing in this paragraph shall be construed to protect any such person from suit or 
106.29 	liability for any damage, loss, injury, or liability caused by the intentional or willful or 
106.30 	wanton misconduct of that person. The procurement of insurance of any type by the 
106.31 	commission shall not in any way compromise or limit the immunity granted hereunder;
107.1 	(2) the commission shall defend any member, officer, executive director, employee, or 
107.2 	representative of the commission in any civil action seeking to impose liability arising out 
107.3 	of any actual or alleged act, error, or omission that occurred within the scope of commission 
107.4 	employment, duties, or responsibilities, or that the person against whom the claim is made 
107.5 	had a reasonable basis for believing occurred within the scope of commission employment, 
107.6 	duties, or responsibilities, provided that nothing herein shall be construed to prohibit that 
107.7 	person from retaining their own counsel at their own expense, and provided further that the 
107.8 	actual or alleged act, error, or omission did not result from that person's intentional or willful 
107.9 	or wanton misconduct;
107.10 	(3) the commission shall indemnify and hold harmless any member, officer, executive 
107.11 	director, employee, or representative of the commission for the amount of any settlement 
107.12 	or judgment obtained against that person arising out of any actual or alleged act, error, or 
107.13 	omission that occurred within the scope of commission employment, duties, or 
107.14 	responsibilities, or that such person had a reasonable basis for believing occurred within 
107.15 	the scope of commission employment, duties, or responsibilities, provided that the actual 
107.16 	or alleged act, error, or omission did not result from the intentional or willful or wanton 
107.17 	misconduct of that person;
107.18 	(4) except as provided under paragraph (i), venue is proper and judicial proceedings by 
107.19 	or against the commission shall be brought solely and exclusively in a court of competent 
107.20 	jurisdiction where the principal office of the commission is located. The commission may 
107.21 	waive venue and jurisdictional defenses in any proceedings as authorized by commission 
107.22 	rules;
107.23 	(5) nothing herein shall be construed as a limitation on the liability of any licensee for 
107.24 	professional malpractice or misconduct, which shall be governed solely by any other 
107.25 	applicable state laws;
107.26 	(6) nothing herein shall be construed to designate the venue or jurisdiction to bring 
107.27 	actions for alleged acts of malpractice, professional misconduct, negligence, or other such 
107.28 	civil action pertaining to the practice of a PA. All such matters shall be determined 
107.29 	exclusively by state law other than this compact;
107.30 	(7) nothing in this compact shall be interpreted to waive or otherwise abrogate a 
107.31 	participating state's state action immunity or state action affirmative defense with respect 
107.32 	to antitrust claims under the federal Sherman Act, Clayton Act, or any other state or federal 
107.33 	antitrust or anticompetitive law or regulation; and
108.1 	(8) nothing in this compact shall be construed to be a waiver of sovereign immunity by 
108.2 	the participating states or by the commission.
108.3 	(h) Notwithstanding paragraph (g), clause (1), the liability of the executive director, 
108.4 	employees, or representatives of the interstate commission, acting within the scope of their 
108.5 	employment or duties, may not exceed the limits of liability set forth under the constitution 
108.6 	and laws of this state for state officials, employees, and agents. This paragraph expressly 
108.7 	incorporates  section 3.736, and neither expands nor limits the rights and remedies provided 
108.8 	under that statute.
108.9 	(i) Except for a claim alleging a violation of this compact, a claim against the commission, 
108.10 	its executive director, employees, or representatives alleging a violation of the constitution 
108.11 	and laws of this state may be brought in any county where the plaintiff resides. Nothing in 
108.12 	this paragraph creates a private right of action.
108.13 	ARTICLE VIII
108.14 	DATA SYSTEM
108.15 	(a) The commission shall provide for the development, maintenance, and utilization of 
108.16 	a coordinated database and reporting system containing licensure and adverse action 
108.17 	information, and the reporting of significant investigative information on all licensed PAs 
108.18 	and applicants denied a license in participating states.
108.19 	(b) Notwithstanding any other state law to the contrary, a participating state shall submit 
108.20 	a uniform data set to the data system on all PAs to whom this compact is applicable, using 
108.21 	a unique identifier, as required by the rules of the commission, including:
108.22 	(1) identifying information;
108.23 	(2) licensure data;
108.24 	(3) adverse actions against a license or compact privilege;
108.25 	(4) any denial of application for licensure and the reason or reasons for the denial, 
108.26 	excluding the reporting of any criminal history record information where prohibited by law;
108.27 	(5) the existence of significant investigative information; and
108.28 	(6) other information that may facilitate the administration of this compact, as determined 
108.29 	by the rules of the commission.
108.30 	(c) Significant investigative information pertaining to a licensee in any participating 
108.31 	state shall only be available to other participating states.
109.1 	(d) The commission shall promptly notify all participating states of any reports it receives 
109.2 	of any adverse action taken against a licensee or an individual applying for a license. This 
109.3 	adverse action information shall be available to any other participating state.
109.4 	(e) Participating states contributing information to the data system may, in accordance 
109.5 	with state or federal law, designate information that may not be shared with the public 
109.6 	without the express permission of the contributing state. Notwithstanding any such 
109.7 	designation, such information shall be reported to the commission through the data system.
109.8 	(f) Any information submitted to the data system that is subsequently expunged by 
109.9 	federal law or the laws of the participating state contributing the information shall be removed 
109.10 	from the data system upon reporting of such by the participating state to the commission.
109.11 	(g) The records and information provided to a participating state pursuant to this compact 
109.12 	or through the data system, when certified by the commission or an agent thereof, shall 
109.13 	constitute the authenticated business records of the commission and shall be entitled to any 
109.14 	associated hearsay exception in any relevant judicial, quasi-judicial, or administrative 
109.15 	proceedings in a participating state.
109.16 	ARTICLE IX
109.17 	RULEMAKING
109.18 	(a) The commission shall exercise its rulemaking powers pursuant to the criteria set 
109.19 	forth in this article and the rules adopted thereunder. Commission rules shall become binding 
109.20 	as of the date specified by the commission for each rule.
109.21 	(b) The commission shall promulgate reasonable rules in order to effectively and 
109.22 	efficiently implement and administer this compact and achieve its purposes. A commission 
109.23 	rule shall be invalid and have no force or effect only if a court of competent jurisdiction 
109.24 	holds that the rule is invalid because the commission exercised its rulemaking authority in 
109.25 	a manner that is beyond the scope of the purposes of this compact, or the powers granted 
109.26 	hereunder, or based upon another applicable standard of review.
109.27 	(c) The rules of the commission shall have the force of law in each participating state, 
109.28 	provided however that where the rules of the commission conflict with the laws of the 
109.29 	participating state that establish the medical services a PA may perform in the participating 
109.30 	state, as held by a court of competent jurisdiction, the rules of the commission shall be 
109.31 	ineffective in that state to the extent of the conflict.
109.32 	(d) If a majority of the legislatures of the participating states rejects a commission rule, 
109.33 	by enactment of a statute or resolution in the same manner used to adopt the compact within 
110.1 	four years of the date of adoption of the rule, then such rule shall have no further force and 
110.2 	effect in any participating state or in any state applying to participate in the compact.
110.3 	(e) Rules or amendments to the rules shall be adopted at a regular or special meeting of 
110.4 	the commission.
110.5 	(f) Prior to promulgation and adoption of a final rule or rules by the commission and at 
110.6 	least 30 days in advance of the meeting at which the rule will be considered and voted upon, 
110.7 	the commission shall file a notice of proposed rulemaking:
110.8 	(1) on the website of the commission or other publicly accessible platform;
110.9 	(2) to persons who have requested notice of the commission's notices of proposed 
110.10 	rulemaking; and
110.11 	(3) in such other ways as the commission may specify by rule.
110.12 	(g) The notice of proposed rulemaking shall include:
110.13 	(1) the time, date, and location of the public hearing on the proposed rule;
110.14 	(2) the time, date, and location of the public hearing in which the proposed rule will be 
110.15 	considered and voted upon;
110.16 	(3) the text of the proposed rule and the reason for the proposed rule;
110.17 	(4) a request for comments on the proposed rule from any interested person and the date 
110.18 	by which written comments must be received; and
110.19 	(5) the manner in which interested persons may submit notice to the commission of their 
110.20 	intention to attend the public hearing and any written comments.
110.21 	(h) Prior to adoption of a proposed rule, the commission shall allow persons to submit 
110.22 	written data, facts, opinions, and arguments, which shall be made available to the public.
110.23 	(i) If the hearing is held via electronic means, the commission shall publish the mechanism 
110.24 	for access to the electronic hearing:
110.25 	(1) all persons wishing to be heard at the hearing shall notify the commission of their 
110.26 	desire to appear and testify at the hearing, not less than five business days before the 
110.27 	scheduled date of the hearing, as directed in the notice of proposed rulemaking;
110.28 	(2) hearings shall be conducted in a manner providing each person who wishes to 
110.29 	comment a fair and reasonable opportunity to comment orally or in writing;
111.1 	(3) all hearings shall be recorded. A copy of the recording and the written comments, 
111.2 	data, facts, opinions, and arguments received in response to the proposed rulemaking shall 
111.3 	be made available to a person on request; and
111.4 	(4) nothing in this section shall be construed as requiring a separate hearing on each 
111.5 	rule. Proposed rules may be grouped for the convenience of the commission at hearings 
111.6 	required by this article.
111.7 	(j) Following the public hearing, the commission shall consider all written and oral 
111.8 	comments timely received.
111.9 	(k) The commission shall, by majority vote of all delegates, take final action on the 
111.10 	proposed rule and shall determine the effective date of the rule, if adopted, based on the 
111.11 	rulemaking record and the full text of the rule. The commission:
111.12 	(1) shall, if adopted, post the rule on the commission's website;
111.13 	(2) may adopt changes to the proposed rule provided the changes do not expand the 
111.14 	original purpose of the proposed rule;
111.15 	(3) shall provide on its website an explanation of the reasons for substantive changes 
111.16 	made to the proposed rule as well as reasons for substantive changes not made that were 
111.17 	recommended by commenters; and
111.18 	(4) shall determine a reasonable effective date for the rule. Except for an emergency as 
111.19 	provided in paragraph (l), the effective date of the rule shall be no sooner than 30 days after 
111.20 	the commission issued the notice that it adopted the rule.
111.21 	(l) Upon determination that an emergency exists, the commission may consider and 
111.22 	adopt an emergency rule with 24 hours' prior notice, without the opportunity for comment 
111.23 	or hearing, provided that the usual rulemaking procedures provided in the compact and in 
111.24 	this article shall be retroactively applied to the rule as soon as reasonably possible, in no 
111.25 	event later than 90 days after the effective date of the rule. For the purposes of this provision, 
111.26 	an emergency rule is one that must be adopted immediately by the commission in order to:
111.27 	(1) meet an imminent threat to public health, safety, or welfare;
111.28 	(2) prevent a loss of commission or participating state funds;
111.29 	(3) meet a deadline for the promulgation of a commission rule that is established by 
111.30 	federal law or rule; or
111.31 	(4) protect public health and safety.
112.1 	(m) The commission or an authorized committee of the commission may direct revisions 
112.2 	to a previously adopted commission rule for purposes of correcting typographical errors, 
112.3 	errors in format, errors in consistency, or grammatical errors. Public notice of any revisions 
112.4 	shall be posted on the website of the commission. The revision shall be subject to challenge 
112.5 	by any person for a period of 30 days after posting. The revision may be challenged only 
112.6 	on grounds that the revision results in a material change to a rule. A challenge shall be made 
112.7 	as set forth in the notice of revisions and delivered to the commission prior to the end of 
112.8 	the notice period. If no challenge is made, the revision will take effect without further action. 
112.9 	If the revision is challenged, the revision may not take effect without the approval of the 
112.10 	commission.
112.11 	(n) No participating state's rulemaking requirements shall apply under this compact.
112.12 	ARTICLE X
112.13 	OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
112.14 	(a) Oversight:
112.15 	(1) the executive and judicial branches of state government in each participating state 
112.16 	shall enforce this compact and take all actions necessary and appropriate to implement the 
112.17 	compact;
112.18 	(2) venue is proper and judicial proceedings by or against the commission shall be 
112.19 	brought solely and exclusively in a court of competent jurisdiction where the principal office 
112.20 	of the commission is located. The commission may waive venue and jurisdictional defenses 
112.21 	to the extent it adopts or consents to participate in alternative dispute resolution proceedings. 
112.22 	Nothing herein shall affect or limit the selection or propriety of venue in any action against 
112.23 	a licensee for professional malpractice, misconduct, or any such similar matter; and
112.24 	(3) the commission shall be entitled to receive service of process in any such proceeding 
112.25 	regarding the enforcement or interpretation of the compact or the commission's rules and 
112.26 	shall have standing to intervene in such a proceeding for all purposes. Failure to provide 
112.27 	service of process to the commission shall render a judgment or order void as to the 
112.28 	commission, this compact, or commission rules.
112.29 	(b) Default, technical assistance, and termination:
112.30 	(1) if the commission determines that a participating state has defaulted in the 
112.31 	performance of its obligations or responsibilities under this compact or the commission 
112.32 	rules, the commission shall:
113.1 	(i) provide written notice to the defaulting state and other participating states describing 
113.2 	the default, the proposed means of curing the default, or any other action that the commission 
113.3 	may take; and
113.4 	(ii) offer remedial training and specific technical assistance regarding the default;
113.5 	(2) if a state in default fails to cure the default, the defaulting state may be terminated 
113.6 	from this compact upon an affirmative vote of a majority of the delegates of the participating 
113.7 	states, and all rights, privileges, and benefits conferred by this compact may be terminated 
113.8 	on the effective date of termination. A cure of the default does not relieve the offending 
113.9 	state of obligations or liabilities incurred during the period of default;
113.10 	(3) termination of participation in this compact shall be imposed only after all other 
113.11 	means of securing compliance have been exhausted. Notice of intent to suspend or terminate 
113.12 	shall be given by the commission to the governor, the majority and minority leaders of the 
113.13 	defaulting state's legislature, and the licensing board or boards of each of the participating 
113.14 	states;
113.15 	(4) a state that has been terminated is responsible for all assessments, obligations, and 
113.16 	liabilities incurred through the effective date of termination, including obligations that 
113.17 	extend beyond the effective date of termination;
113.18 	(5) the commission shall not bear any costs related to a state that is found to be in default 
113.19 	or that has been terminated from this compact, unless agreed upon in writing between the 
113.20 	commission and the defaulting state;
113.21 	(6) the defaulting state may appeal its termination from the compact by the commission 
113.22 	by petitioning the United States District Court for the District of Columbia or the federal 
113.23 	district where the commission has its principal offices. The prevailing member shall be 
113.24 	awarded all costs of such litigation, including reasonable attorney fees; and
113.25 	(7) upon the termination of a state's participation in the compact, the state shall 
113.26 	immediately provide notice to all licensees within that state of such termination:
113.27 	(i) licensees who have been granted a compact privilege in that state shall retain the 
113.28 	compact privilege for 180 days following the effective date of such termination; and
113.29 	(ii) licensees who are licensed in that state who have been granted a compact privilege 
113.30 	in a participating state shall retain the compact privilege for 180 days, unless the licensee 
113.31 	also has a qualifying license in a participating state or obtains a qualifying license in a 
113.32 	participating state before the 180-day period ends, in which case the compact privilege shall 
113.33 	continue.
114.1 	(c) Dispute resolution:
114.2 	(1) upon request by a participating state, the commission shall attempt to resolve disputes 
114.3 	related to this compact that arise among participating states and between participating and 
114.4 	nonparticipating states; and
114.5 	(2) the commission shall promulgate a rule providing for both mediation and binding 
114.6 	dispute resolution for disputes, as appropriate.
114.7 	(d) Enforcement:
114.8 	(1) the commission, in the reasonable exercise of its discretion, shall enforce the 
114.9 	provisions of this compact and rules of the commission;
114.10 	(2) if compliance is not secured after all means to secure compliance have been exhausted, 
114.11 	by majority vote, the commission may initiate legal action in the United States District 
114.12 	Court for the District of Columbia or the federal district where the commission has its 
114.13 	principal offices against a participating state in default, to enforce compliance with the 
114.14 	provisions of this compact and the commission's promulgated rules and bylaws. The relief 
114.15 	sought may include both injunctive relief and damages. In the event judicial enforcement 
114.16 	is necessary, the prevailing member shall be awarded all costs of such litigation, including 
114.17 	reasonable attorney fees; and
114.18 	(3) the remedies herein shall not be the exclusive remedies of the commission. The 
114.19 	commission may pursue any other remedies available under federal or state law.
114.20 	(e) Legal action against the commission:
114.21 	(1) a participating state may initiate legal action against the commission in the United 
114.22 	States District Court for the District of Columbia or the federal district where the commission 
114.23 	has its principal offices to enforce compliance with the provisions of the compact and the 
114.24 	commission's rules. The relief sought may include both injunctive relief and damages. In 
114.25 	the event judicial enforcement is necessary, the prevailing party shall be awarded all costs 
114.26 	of such litigation, including reasonable attorney fees; and
114.27 	(2) no person other than a participating state shall enforce this compact against the 
114.28 	commission.
114.29 	ARTICLE XI
114.30 	DATE OF IMPLEMENTATION OF THE PA LICENSURE COMPACT COMMISSION
114.31 	(a) This compact shall come into effect on the date on which the compact statute is 
114.32 	enacted into law in the seventh participating state.
115.1 	(b) On or after the effective date of the compact, the commission shall convene and 
115.2 	review the enactment of each of the charter participating states to determine if the statute 
115.3 	enacted by each charter participating state is materially different than the model compact. 
115.4 	A charter participating state whose enactment is found to be materially different from the 
115.5 	model compact shall be entitled to the default process set forth in article X, paragraph (b).
115.6 	(c) If any participating state later withdraws from the compact or its participation is 
115.7 	terminated, the commission shall remain in existence and the compact shall remain in effect 
115.8 	even if the number of participating states should be less than seven. Participating states 
115.9 	enacting the compact subsequent to the commission convening shall be subject to the process 
115.10 	set forth in article VII, paragraph (c), clause (21), to determine if their enactments are 
115.11 	materially different from the model compact and whether they qualify for participation in 
115.12 	the compact.
115.13 	(d) Any participating state enacting the compact subsequent to the seven initial charter 
115.14 	participating states shall be subject to the process set forth in article VII, paragraph (c), 
115.15 	clause (21), to determine if the state's enactment is materially different from the model 
115.16 	compact and whether the state qualifies for participation in the compact.
115.17 	(e) All actions taken for the benefit of the commission or in furtherance of the purposes 
115.18 	of the administration of the compact prior to the effective date of the compact or the 
115.19 	commission coming into existence shall be considered to be actions of the commission 
115.20 	unless specifically repudiated by the commission.
115.21 	(f) Any state that joins this compact shall be subject to the commission's rules and bylaws 
115.22 	as they exist on the date on which this compact becomes law in that state. Any rule that has 
115.23 	been previously adopted by the commission shall have the full force and effect of law on 
115.24 	the day this compact becomes law in that state.
115.25 	(g) Any participating state may withdraw from this compact by enacting a statute 
115.26 	repealing the same:
115.27 	(1) a participating state's withdrawal shall not take effect until 180 days after enactment 
115.28 	of the repealing statute. During this 180-day period, all compact privileges that were in 
115.29 	effect in the withdrawing state and were granted to licensees licensed in the withdrawing 
115.30 	state shall remain in effect. If any licensee licensed in the withdrawing state is also licensed 
115.31 	in another participating state or obtains a license in another participating state within the 
115.32 	180 days, the licensee's compact privileges in other participating states shall not be affected 
115.33 	by the passage of the 180 days;
116.1 	(2) withdrawal shall not affect the continuing requirement of the state licensing board 
116.2 	or boards of the withdrawing state to comply with the investigative and adverse action 
116.3 	reporting requirements of this compact prior to the effective date of withdrawal; and
116.4 	(3) upon the enactment of a statute withdrawing a state from this compact, the state shall 
116.5 	immediately provide notice of such withdrawal to all licensees within that state. Such 
116.6 	withdrawing state shall continue to recognize all licenses granted pursuant to this compact 
116.7 	for a minimum of 180 days after the date of such notice of withdrawal.
116.8 	(h) Nothing contained in this compact shall be construed to invalidate or prevent any 
116.9 	PA licensure agreement or other cooperative arrangement between participating states or a 
116.10 	participating state and a nonparticipating state that does not conflict with the provisions of 
116.11 	this compact.
116.12 	(i) This compact may be amended by the participating states. No amendment to this 
116.13 	compact shall become effective and binding upon any participating state until it is enacted 
116.14 	materially in the same manner into the laws of all participating states, as determined by the 
116.15 	commission.
116.16 	ARTICLE XII
116.17 	CONSTRUCTION AND SEVERABILITY
116.18 	(a) This compact and the commission's rulemaking authority shall be liberally construed 
116.19 	so as to effectuate the purposes of the compact and its implementation and administration. 
116.20 	Provisions of the compact expressly authorizing or requiring the promulgation of rules shall 
116.21 	not be construed to limit the commission's rulemaking authority solely for those purposes.
116.22 	(b) The provisions of this compact shall be severable and if any phrase, clause, sentence, 
116.23 	or provision of this compact is held by a court of competent jurisdiction to be contrary to 
116.24 	the constitution of any participating state, of a state seeking participation in the compact, 
116.25 	or of the United States, or the applicability thereof to any government, agency, person, or 
116.26 	circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity 
116.27 	of the remainder of this compact and the applicability thereof to any government, agency, 
116.28 	person, or circumstance shall not be affected thereby.
116.29 	(c) Notwithstanding paragraph (b) or any provision of this article, the commission may 
116.30 	deny a state's participation in the compact or, in accordance with the requirements of article 
116.31 	X, paragraph (b), terminate a participating state's participation in the compact, if it determines 
116.32 	that a constitutional requirement of a participating state is, or would be with respect to a 
116.33 	state seeking to participate in the compact, a material departure from the compact. Otherwise, 
117.1 	if this compact shall be held to be contrary to the constitution of any participating state, the 
117.2 	compact shall remain in full force and effect as to the remaining participating states and in 
117.3 	full force and effect as to the participating state affected as to all severable matters.
117.4 	ARTICLE XIII
117.5 	BINDING EFFECT OF THE COMPACT
117.6 	(a) Nothing herein prevents the enforcement of any other law of a participating state 
117.7 	that is not inconsistent with this compact.
117.8 	(b) Any laws in a participating state in conflict with this compact are superseded to the 
117.9 	extent of the conflict.
117.10 	(c) All agreements between the commission and the participating states are binding in 
117.11 	accordance with their terms.

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

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

117.16 	ARTICLE 15
117.17 	OCCUPATIONAL THERAPISTS

117.18 	Section 1. [148.645] OCCUPATIONAL THERAPY LICENSURE COMPACT.
117.19 	ARTICLE I
117.20 	TITLE
117.21 	This statute shall be known and cited as the occupational therapist licensure compact.
117.22 	ARTICLE II
117.23 	DEFINITIONS
117.24 	As used in this compact, and except as otherwise provided, the following definitions 
117.25 	shall apply:
117.26 	(A) "Active duty military" means full-time duty status in the active uniformed service 
117.27 	of the United States, including members of the National Guard and Reserve on active duty 
117.28 	orders pursuant to United States Code, title 10, sections 1209 and 1211.
118.1 	(B) "Adverse action" means any administrative, civil, equitable, or criminal action 
118.2 	permitted by a state's laws which is imposed by a licensing board or other authority against 
118.3 	an occupational therapist or occupational therapy assistant, including actions against an 
118.4 	individual's license or compact privilege such as censure, revocation, suspension, probation, 
118.5 	monitoring of the licensee, or restriction on the licensee's practice.
118.6 	(C) "Alternative program" means a nondisciplinary monitoring process approved by an 
118.7 	occupational therapy licensing board.
118.8 	(D) "Compact privilege" means the authorization, which is equivalent to a license, 
118.9 	granted by a remote state to allow a licensee from another member state to practice as an 
118.10 	occupational therapist or practice as an occupational therapy assistant in the remote state 
118.11 	under its laws and rules. The practice of occupational therapy occurs in the member state 
118.12 	where the patient or client is located at the time of the patient or client encounter.
118.13 	(E) "Continuing competence" or "continuing education" means a requirement, as a 
118.14 	condition of license renewal, to provide evidence of participation in, and completion of, 
118.15 	educational and professional activities relevant to practice or area of work.
118.16 	(F) "Current significant investigative information" means investigative information that 
118.17 	a licensing board, after an inquiry or investigation that includes notification and an 
118.18 	opportunity for the occupational therapist or occupational therapy assistant to respond, if 
118.19 	required by state law, has reason to believe is not groundless and, if proven true, would 
118.20 	indicate more than a minor infraction.
118.21 	(G) "Data system" means a repository of information about licensees, including but not 
118.22 	limited to license status, investigative information, compact privileges, and adverse actions.
118.23 	(H) "Encumbered license" means a license in which an adverse action restricts the 
118.24 	practice of occupational therapy by the licensee or said adverse action has been reported to 
118.25 	the National Practitioners Data Bank (NPDB).
118.26 	(I) "Executive committee" means a group of directors elected or appointed to act on 
118.27 	behalf of, and within the powers granted to them by, the commission.
118.28 	(J) "Home state" means the member state that is the licensee's primary state of residence.
118.29 	(K) "Impaired practitioner" means an individual whose professional practice is adversely 
118.30 	affected by substance abuse, addiction, or other health-related conditions.
118.31 	(L) "Investigative information" means information, records, or documents received or 
118.32 	generated by an occupational therapy licensing board pursuant to an investigation.
119.1 	(M) "Jurisprudence requirement" means the assessment of an individual's knowledge 
119.2 	of the laws and rules governing the practice of occupational therapy in a state.
119.3 	(N) "Licensee" means an individual who currently holds an authorization from the state 
119.4 	to practice as an occupational therapist or as an occupational therapy assistant.
119.5 	(O) "Member state" means a state that has enacted the compact.
119.6 	(P) "Occupational therapist" means an individual who is licensed by a state to practice 
119.7 	occupational therapy.
119.8 	(Q) "Occupational therapy assistant" means an individual who is licensed by a state to 
119.9 	assist in the practice of occupational therapy.
119.10 	(R) "Occupational therapy," "occupational therapy practice," and "the practice of 
119.11 	occupational therapy" mean the care and services provided by an occupational therapist or 
119.12 	an occupational therapy assistant as set forth in the member state's statutes and regulations.
119.13 	(S) "Occupational therapy compact commission" or "commission" means the national 
119.14 	administrative body whose membership consists of all states that have enacted the compact.
119.15 	(T) "Occupational therapy licensing board" or "licensing board" means the agency of a 
119.16 	state that is authorized to license and regulate occupational therapists and occupational 
119.17 	therapy assistants.
119.18 	(U) "Primary state of residence" means the state, also known as the home state, in which 
119.19 	an occupational therapist or occupational therapy assistant who is not active duty military 
119.20 	declares a primary residence for legal purposes as verified by driver's license, federal income 
119.21 	tax return, lease, deed, mortgage, or voter registration or other verifying documentation as 
119.22 	further defined by commission rules.
119.23 	(V) "Remote state" means a member state other than the home state where a licensee is 
119.24 	exercising or seeking to exercise the compact privilege.
119.25 	(W) "Rule" means a regulation promulgated by the commission that has the force of 
119.26 	law.
119.27 	(X) "State" means any state, commonwealth, district, or territory of the United States 
119.28 	of America that regulates the practice of occupational therapy.
119.29 	(Y) "Single-state license" means an occupational therapist or occupational therapy 
119.30 	assistant license issued by a member state that authorizes practice only within the issuing 
119.31 	state and does not include a compact privilege in any other member state.
120.1 	(Z) "Telehealth" means the application of telecommunication technology to deliver 
120.2 	occupational therapy services for assessment, intervention, or consultation.
120.3 	ARTICLE III
120.4 	STATE PARTICIPATION IN THE COMPACT
120.5 	(A) To participate in the compact, a member state shall:
120.6 	(1) license occupational therapists and occupational therapy assistants;
120.7 	(2) participate fully in the commission's data system, including but not limited to using 
120.8 	the commission's unique identifier as defined in rules of the commission;
120.9 	(3) have a mechanism in place for receiving and investigating complaints about licensees;
120.10 	(4) notify the commission, in compliance with the terms of the compact and rules, of 
120.11 	any adverse action or the availability of investigative information regarding a licensee;
120.12 	(5) implement or utilize procedures for considering the criminal history records of 
120.13 	applicants for an initial compact privilege. These procedures shall include the submission 
120.14 	of fingerprints or other biometric-based information by applicants for the purpose of obtaining 
120.15 	an applicant's criminal history record information from the Federal Bureau of Investigation 
120.16 	and the agency responsible for retaining that state's criminal records;
120.17 	(i) A member state shall, within a time frame established by the commission, require a 
120.18 	criminal background check for a licensee seeking or applying for a compact privilege whose 
120.19 	primary state of residence is that member state by receiving the results of the Federal Bureau 
120.20 	of Investigation criminal record search, and shall use the results in making licensure 
120.21 	decisions.
120.22 	(ii) Communication between a member state, the commission, and among member states 
120.23 	regarding the verification of eligibility for licensure through the compact shall not include 
120.24 	any information received from the Federal Bureau of Investigation relating to a federal 
120.25 	criminal records check performed by a member state under Public Law 92-544;
120.26 	(6) comply with the rules of the commission;
120.27 	(7) utilize only a recognized national examination as a requirement for licensure pursuant 
120.28 	to the rules of the commission; and
120.29 	(8) have continuing competence or education requirements as a condition for license 
120.30 	renewal.
121.1 	(B) A member state shall grant the compact privilege to a licensee holding a valid 
121.2 	unencumbered license in another member state in accordance with the terms of the compact 
121.3 	and rules.
121.4 	(C) Member states may charge a fee for granting a compact privilege.
121.5 	(D) A member state shall provide for the state's delegate to attend all occupational therapy 
121.6 	compact commission meetings.
121.7 	(E) Individuals not residing in a member state shall continue to be able to apply for a 
121.8 	member state's single-state license as provided under the laws of each member state. 
121.9 	However, the single-state license granted to these individuals shall not be recognized as 
121.10 	granting the compact privilege in any other member state.
121.11 	(F) Nothing in this compact shall affect the requirements established by a member state 
121.12 	for the issuance of a single-state license.
121.13 	ARTICLE IV
121.14 	COMPACT PRIVILEGE
121.15 	(A) To exercise the compact privilege under the terms and provisions of the compact, 
121.16 	the licensee shall:
121.17 	(1) hold a license in the home state;
121.18 	(2) have a valid United States Social Security number or national practitioner 
121.19 	identification number;
121.20 	(3) have no encumbrance on any state license;
121.21 	(4) be eligible for a compact privilege in any member state in accordance with Article 
121.22 	IV, (D), (F), (G), and (H);
121.23 	(5) have paid all fines and completed all requirements resulting from any adverse action 
121.24 	against any license or compact privilege, and two years have elapsed from the date of such 
121.25 	completion;
121.26 	(6) notify the commission that the licensee is seeking the compact privilege within a 
121.27 	remote state or states;
121.28 	(7) pay any applicable fees, including any state fee, for the compact privilege;
121.29 	(8) complete a criminal background check in accordance with Article III, (A)(5). The 
121.30 	licensee shall be responsible for the payment of any fee associated with the completion of 
121.31 	a criminal background check;
122.1 	(9) meet any jurisprudence requirements established by the remote state or states in 
122.2 	which the licensee is seeking a compact privilege; and
122.3 	(10) report to the commission adverse action taken by any nonmember state within 30 
122.4 	days from the date the adverse action is taken.
122.5 	(B) The compact privilege is valid until the expiration date of the home state license. 
122.6 	The licensee must comply with the requirements of Article IV, (A), to maintain the compact 
122.7 	privilege in the remote state.
122.8 	(C) A licensee providing occupational therapy in a remote state under the compact 
122.9 	privilege shall function within the laws and regulations of the remote state.
122.10 	(D) Occupational therapy assistants practicing in a remote state shall be supervised by 
122.11 	an occupational therapist licensed or holding a compact privilege in that remote state.
122.12 	(E) A licensee providing occupational therapy in a remote state is subject to that state's 
122.13 	regulatory authority. A remote state may, in accordance with due process and that state's 
122.14 	laws, remove a licensee's compact privilege in the remote state for a specific period of time, 
122.15 	impose fines, or take any other necessary actions to protect the health and safety of its 
122.16 	citizens. The licensee may be ineligible for a compact privilege in any state until the specific 
122.17 	time for removal has passed and all fines are paid.
122.18 	(F) If a home state license is encumbered, the licensee shall lose the compact privilege 
122.19 	in any remote state until the following occur:
122.20 	(1) the home state license is no longer encumbered; and
122.21 	(2) two years have elapsed from the date on which the home state license is no longer 
122.22 	encumbered in accordance with Article IV, (F)(1).
122.23 	(G) Once an encumbered license in the home state is restored to good standing, the 
122.24 	licensee must meet the requirements of Article IV, (A), to obtain a compact privilege in any 
122.25 	remote state.
122.26 	(H) If a licensee's compact privilege in any remote state is removed, the individual may 
122.27 	lose the compact privilege in any other remote state until the following occur:
122.28 	(1) the specific period of time for which the compact privilege was removed has ended;
122.29 	(2) all fines have been paid and all conditions have been met;
122.30 	(3) two years have elapsed from the date of completing requirements for Article IV, 
122.31 	(H)(1) and (2); and
123.1 	(4) the compact privileges are reinstated by the commission and the compact data system 
123.2 	is updated to reflect reinstatement.
123.3 	(I) If a licensee's compact privilege in any remote state is removed due to an erroneous 
123.4 	charge, privileges shall be restored through the compact data system.
123.5 	(J) Once the requirements of Article IV, (H), have been met, the licensee must meet the 
123.6 	requirements in Article IV, (A), to obtain a compact privilege in a remote state.
123.7 	ARTICLE V
123.8 	OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF COMPACT PRIVILEGE
123.9 	(A) An occupational therapist or occupational therapy assistant may hold a home state 
123.10 	license, which allows for compact privileges in member states, in only one member state 
123.11 	at a time.
123.12 	(B) If an occupational therapist or occupational therapy assistant changes their primary 
123.13 	state of residence by moving between two member states:
123.14 	(1) the occupational therapist or occupational therapy assistant shall file an application 
123.15 	for obtaining a new home state license by virtue of a compact privilege, pay all applicable 
123.16 	fees, and notify the current and new home state in accordance with applicable rules adopted 
123.17 	by the commission;
123.18 	(2) upon receipt of an application for obtaining a new home state license by virtue of 
123.19 	compact privilege, the new home state shall verify that the occupational therapist or 
123.20 	occupational therapy assistant meets the pertinent criteria outlined in Article IV via the data 
123.21 	system, without need for primary source verification except for:
123.22 	(i) an FBI fingerprint-based criminal background check if not previously performed or 
123.23 	updated pursuant to applicable rules adopted by the commission in accordance with Public 
123.24 	Law 92-544;
123.25 	(ii) other criminal background checks as required by the new home state; and
123.26 	(iii) submission of any requisite jurisprudence requirements of the new home state;
123.27 	(3) the former home state shall convert the former home state license into a compact 
123.28 	privilege once the new home state has activated the new home state license in accordance 
123.29 	with applicable rules adopted by the commission;
123.30 	(4) notwithstanding any other provision of this compact, if the occupational therapist or 
123.31 	occupational therapy assistant cannot meet the criteria in Article IV, the new home state 
123.32 	shall apply its requirements for issuing a new single-state license; and
124.1 	(5) the occupational therapist or the occupational therapy assistant shall pay all applicable 
124.2 	fees to the new home state in order to be issued a new home state license.
124.3 	(C) If an occupational therapist or occupational therapy assistant changes their primary 
124.4 	state of residence by moving from a member state to a nonmember state, or from a 
124.5 	nonmember state to a member state, the state criteria shall apply for issuance of a single-state 
124.6 	license in the new state.
124.7 	(D) Nothing in this compact shall interfere with a licensee's ability to hold a single-state 
124.8 	license in multiple states; however, for the purposes of this compact, a licensee shall have 
124.9 	only one home state license.
124.10 	(E) Nothing in this compact shall affect the requirements established by a member state 
124.11 	for the issuance of a single-state license.
124.12 	ARTICLE VI
124.13 	ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
124.14 	Active duty military personnel, or their spouses, shall designate a home state where the 
124.15 	individual has a current license in good standing. The individual may retain the home state 
124.16 	designation during the period the service member is on active duty. Subsequent to designating 
124.17 	a home state, the individual shall only change their home state through application for 
124.18 	licensure in the new state or through the process described in Article V.
124.19 	ARTICLE VII
124.20 	ADVERSE ACTIONS
124.21 	(A) A home state shall have exclusive power to impose adverse action against an 
124.22 	occupational therapist's or occupational therapy assistant's license issued by the home state.
124.23 	(B) In addition to the other powers conferred by state law, a remote state shall have the 
124.24 	authority, in accordance with existing state due process law, to:
124.25 	(1) take adverse action against an occupational therapist's or occupational therapy 
124.26 	assistant's compact privilege within that member state; and
124.27 	(2) issue subpoenas for both hearings and investigations that require the attendance and 
124.28 	testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing 
124.29 	board in a member state for the attendance and testimony of witnesses or the production of 
124.30 	evidence from another member state shall be enforced in the latter state by any court of 
124.31 	competent jurisdiction, according to the practice and procedure of that court applicable to 
124.32 	subpoenas issued in proceedings pending before that court. The issuing authority shall pay 
125.1 	any witness fees, travel expenses, mileage, and other fees required by the service statutes 
125.2 	of the state in which the witnesses or evidence are located.
125.3 	(C) For purposes of taking adverse action, the home state shall give the same priority 
125.4 	and effect to reported conduct received from a member state as it would if the conduct had 
125.5 	occurred within the home state. In so doing, the home state shall apply its own state laws 
125.6 	to determine appropriate action.
125.7 	(D) The home state shall complete any pending investigations of an occupational therapist 
125.8 	or occupational therapy assistant who changes their primary state of residence during the 
125.9 	course of the investigations. The home state, where the investigations were initiated, shall 
125.10 	also have the authority to take appropriate action and shall promptly report the conclusions 
125.11 	of the investigations to the compact commission data system. The occupational therapy 
125.12 	compact commission data system administrator shall promptly notify the new home state 
125.13 	of any adverse actions.
125.14 	(E) A member state, if otherwise permitted by state law, may recover from the affected 
125.15 	occupational therapist or occupational therapy assistant the costs of investigations and 
125.16 	disposition of cases resulting from any adverse action taken against that occupational 
125.17 	therapist or occupational therapy assistant.
125.18 	(F) A member state may take adverse action based on the factual findings of the remote 
125.19 	state, provided that the member state follows its own procedures for taking the adverse 
125.20 	action.
125.21 	(G) Joint Investigations:
125.22 	(1) In addition to the authority granted to a member state by its respective state 
125.23 	occupational therapy laws and regulations or other applicable state law, any member state 
125.24 	may participate with other member states in joint investigations of licensees.
125.25 	(2) Member states shall share any investigative, litigation, or compliance materials in 
125.26 	furtherance of any joint or individual investigation initiated under the compact.
125.27 	(H) If an adverse action is taken by the home state against an occupational therapist's 
125.28 	or occupational therapy assistant's license, the occupational therapist's or occupational 
125.29 	therapy assistant's compact privilege in all other member states shall be deactivated until 
125.30 	all encumbrances have been removed from the state license. All home state disciplinary 
125.31 	orders that impose adverse action against an occupational therapist's or occupational therapy 
125.32 	assistant's license shall include a statement that the occupational therapist's or occupational 
126.1 	therapy assistant's compact privilege is deactivated in all member states during the pendency 
126.2 	of the order.
126.3 	(I) If a member state takes adverse action, the member state shall promptly notify the 
126.4 	administrator of the data system. The administrator of the data system shall promptly notify 
126.5 	the home state of any adverse actions by remote states.
126.6 	(J) Nothing in this compact shall override a member state's decision that participation 
126.7 	in an alternative program may be used in lieu of adverse action.
126.8 	ARTICLE VIII
126.9 	ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT COMMISSION
126.10 	(A) The compact member states hereby create and establish a joint public agency known 
126.11 	as the occupational therapy compact commission:
126.12 	(1) The commission is an instrumentality of the compact states.
126.13 	(2) Except as provided under paragraph (I), venue is proper and judicial proceedings by 
126.14 	or against the commission shall be brought solely and exclusively in a court of competent 
126.15 	jurisdiction where the principal office of the commission is located. The commission may 
126.16 	waive venue and jurisdictional defenses to the extent it adopts or consents to participate in 
126.17 	alternative dispute resolution proceedings.
126.18 	(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
126.19 	(B) Membership, Voting, and Meetings:
126.20 	(1) Each member state shall have and be limited to one delegate selected by that member 
126.21 	state's licensing board.
126.22 	(2) The delegate shall be either:
126.23 	(i) a current member of the licensing board who is an occupational therapist, occupational 
126.24 	therapy assistant, or public member; or
126.25 	(ii) an administrator of the licensing board.
126.26 	(3) Any delegate may be removed or suspended from office as provided by the law of 
126.27 	the state from which the delegate is appointed.
126.28 	(4) The member state board shall fill any vacancy occurring in the commission within 
126.29 	90 days.
126.30 	(5) Each delegate shall be entitled to one vote with regard to the promulgation of rules 
126.31 	and creation of bylaws and shall otherwise have an opportunity to participate in the business 
127.1 	and affairs of the commission. A delegate shall vote in person or by such other means as 
127.2 	provided in the bylaws. The bylaws may provide for delegates' participation in meetings 
127.3 	by telephone or other means of communication.
127.4 	(6) The commission shall meet at least once during each calendar year. Additional 
127.5 	meetings shall be held as set forth in the bylaws.
127.6 	(7) The commission shall establish by rule a term of office for delegates.
127.7 	(C) The commission shall have the following powers and duties:
127.8 	(1) establish a code of ethics for the commission;
127.9 	(2) establish the fiscal year of the commission;
127.10 	(3) establish bylaws;
127.11 	(4) maintain its financial records in accordance with the bylaws;
127.12 	(5) meet and take such actions as are consistent with the provisions of this compact and 
127.13 	the bylaws;
127.14 	(6) promulgate uniform rules to facilitate and coordinate implementation and 
127.15 	administration of this compact. The rules shall have the force and effect of law and shall 
127.16 	be binding in all member states;
127.17 	(7) bring and prosecute legal proceedings or actions in the name of the commission, 
127.18 	provided that the standing of any state occupational therapy licensing board to sue or be 
127.19 	sued under applicable law shall not be affected;
127.20 	(8) purchase and maintain insurance and bonds;
127.21 	(9) borrow, accept, or contract for services of personnel, including but not limited to 
127.22 	employees of a member state;
127.23 	(10) hire employees, elect or appoint officers, fix compensation, define duties, grant 
127.24 	such individuals appropriate authority to carry out the purposes of the compact, and establish 
127.25 	the commission's personnel policies and programs relating to conflicts of interest, 
127.26 	qualifications of personnel, and other related personnel matters;
127.27 	(11) accept any and all appropriate donations and grants of money, equipment, supplies, 
127.28 	materials, and services, and receive, utilize, and dispose of the same; provided that at all 
127.29 	times the commission shall avoid any appearance of impropriety or conflict of interest;
128.1 	(12) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, 
128.2 	improve, or use any property, real, personal, or mixed; provided that at all times the 
128.3 	commission shall avoid any appearance of impropriety;
128.4 	(13) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of 
128.5 	any property real, personal, or mixed;
128.6 	(14) establish a budget and make expenditures;
128.7 	(15) borrow money;
128.8 	(16) appoint committees, including standing committees composed of members, state 
128.9 	regulators, state legislators or their representatives, and consumer representatives, and other 
128.10 	interested persons as may be designated in this compact and the bylaws;
128.11 	(17) provide and receive information from, and cooperate with, law enforcement agencies;
128.12 	(18) establish and elect an executive committee; and
128.13 	(19) perform other functions as may be necessary or appropriate to achieve the purposes 
128.14 	of this compact consistent with the state regulation of occupational therapy licensure and 
128.15 	practice.
128.16 	(D) The Executive Committee:
128.17 	(1) The executive committee shall have the power to act on behalf of the commission 
128.18 	according to the terms of this compact.
128.19 	(2) The executive committee shall be composed of nine members:
128.20 	(i) seven voting members who are elected by the commission from the current 
128.21 	membership of the commission;
128.22 	(ii) one ex-officio, nonvoting member from a recognized national occupational therapy 
128.23 	professional association; and
128.24 	(iii) one ex-officio, nonvoting member from a recognized national occupational therapy 
128.25 	certification organization.
128.26 	(3) The ex-officio members will be selected by their respective organizations.
128.27 	(4) The commission may remove any member of the executive committee as provided 
128.28 	in the bylaws.
128.29 	(5) The executive committee shall meet at least annually.
128.30 	(6) The executive committee shall have the following duties and responsibilities:
129.1 	(i) recommend to the entire commission changes to the rules or bylaws, changes to this 
129.2 	compact legislation, fees paid by compact member states such as annual dues, and any 
129.3 	commission compact fee charged to licensees for the compact privilege;
129.4 	(ii) ensure compact administration services are appropriately provided, contractual or 
129.5 	otherwise;
129.6 	(iii) prepare and recommend the budget;
129.7 	(iv) maintain financial records on behalf of the commission;
129.8 	(v) monitor compact compliance of member states and provide compliance reports to 
129.9 	the commission;
129.10 	(vi) establish additional committees as necessary; and
129.11 	(vii) perform other duties as provided in rules or bylaws.
129.12 	(E) Meetings of the Commission:
129.13 	(1) All meetings shall be open to the public, and public notice of meetings shall be given 
129.14 	in the same manner as required under the rulemaking provisions in Article X.
129.15 	(2) The commission or the executive committee or other committees of the commission 
129.16 	may convene in a closed, nonpublic meeting if the commission or executive committee or 
129.17 	other committees of the commission must discuss:
129.18 	(i) noncompliance of a member state with its obligations under the compact;
129.19 	(ii) the employment, compensation, discipline, or other matters, practices, or procedures 
129.20 	related to specific employees or other matters related to the commission's internal personnel 
129.21 	practices and procedures;
129.22 	(iii) current, threatened, or reasonably anticipated litigation;
129.23 	(iv) negotiation of contracts for the purchase, lease, or sale of goods, services, or real 
129.24 	estate;
129.25 	(v) accusing any person of a crime or formally censuring any person;
129.26 	(vi) disclosure of trade secrets or commercial or financial information that is privileged 
129.27 	or confidential;
129.28 	(vii) disclosure of information of a personal nature where disclosure would constitute a 
129.29 	clearly unwarranted invasion of personal privacy;
129.30 	(viii) disclosure of investigative records compiled for law enforcement purposes;
130.1 	(ix) disclosure of information related to any investigative reports prepared by or on 
130.2 	behalf of or for use of the commission or other committee charged with responsibility of 
130.3 	investigation or determination of compliance issues pursuant to the compact; or
130.4 	(x) matters specifically exempted from disclosure by federal or member state statute.
130.5 	(3) If a meeting, or portion of a meeting, is closed pursuant to this provision, the 
130.6 	commission's legal counsel or designee shall certify that the meeting may be closed and 
130.7 	shall reference each relevant exempting provision.
130.8 	(4) The commission shall keep minutes that fully and clearly describe all matters 
130.9 	discussed in a meeting and shall provide a full and accurate summary of actions taken, and 
130.10 	the reasons therefore, including a description of the views expressed. All documents 
130.11 	considered in connection with an action shall be identified in such minutes. All minutes and 
130.12 	documents of a closed meeting shall remain under seal, subject to release by a majority vote 
130.13 	of the commission or order of a court of competent jurisdiction.
130.14 	(F) Financing of the Commission:
130.15 	(1) The commission shall pay, or provide for the payment of, the reasonable expenses 
130.16 	of its establishment, organization, and ongoing activities.
130.17 	(2) The commission may accept any and all appropriate revenue sources, donations, and 
130.18 	grants of money, equipment, supplies, materials, and services.
130.19 	(3) The commission may levy on and collect an annual assessment from each member 
130.20 	state or impose fees on other parties to cover the cost of the operations and activities of the 
130.21 	commission and its staff, which must be in a total amount sufficient to cover its annual 
130.22 	budget as approved by the commission each year for which revenue is not provided by other 
130.23 	sources. The aggregate annual assessment amount shall be allocated based upon a formula 
130.24 	to be determined by the commission, which shall promulgate a rule binding upon all member 
130.25 	states.
130.26 	(4) The commission shall not incur obligations of any kind prior to securing the funds 
130.27 	adequate to meet the same; nor shall the commission pledge the credit of any of the member 
130.28 	states, except by and with the authority of the member state.
130.29 	(5) The commission shall keep accurate accounts of all receipts and disbursements. The 
130.30 	receipts and disbursements of the commission shall be subject to the audit and accounting 
130.31 	procedures established under its bylaws. However, all receipts and disbursements of funds 
130.32 	handled by the commission shall be audited yearly by a certified or licensed public 
131.1 	accountant, and the report of the audit shall be included in and become part of the annual 
131.2 	report of the commission.
131.3 	(G) Qualified Immunity, Defense, and Indemnification:
131.4 	(1) The members, officers, executive director, employees, and representatives of the 
131.5 	commission shall be immune from suit and liability, either personally or in their official 
131.6 	capacity, for any claim for damage to or loss of property or personal injury or other civil 
131.7 	liability caused by or arising out of any actual or alleged act, error, or omission that occurred, 
131.8 	or that the person against whom the claim is made had a reasonable basis for believing 
131.9 	occurred within the scope of commission employment, duties, or responsibilities; provided 
131.10 	that nothing in this paragraph shall be construed to protect any such person from suit or 
131.11 	liability for any damage, loss, injury, or liability caused by the intentional or willful or 
131.12 	wanton misconduct of that person.
131.13 	(2) The commission shall defend any member, officer, executive director, employee, or 
131.14 	representative of the commission in any civil action seeking to impose liability arising out 
131.15 	of any actual or alleged act, error, or omission that occurred within the scope of commission 
131.16 	employment, duties, or responsibilities, or that the person against whom the claim is made 
131.17 	had a reasonable basis for believing occurred within the scope of commission employment, 
131.18 	duties, or responsibilities; provided that nothing herein shall be construed to prohibit that 
131.19 	person from retaining their own counsel; and provided further, that the actual or alleged 
131.20 	act, error, or omission did not result from that person's intentional or willful or wanton 
131.21 	misconduct.
131.22 	(3) The commission shall indemnify and hold harmless any member, officer, executive 
131.23 	director, employee, or representative of the commission for the amount of any settlement 
131.24 	or judgment obtained against that person arising out of any actual or alleged act, error, or 
131.25 	omission that occurred within the scope of commission employment, duties, or 
131.26 	responsibilities, or that such person had a reasonable basis for believing occurred within 
131.27 	the scope of commission employment, duties, or responsibilities; provided that the actual 
131.28 	or alleged act, error, or omission did not result from the intentional or willful or wanton 
131.29 	misconduct of that person.
131.30 	(H) Notwithstanding paragraph (G), clause (1), the liability of the executive director, 
131.31 	employees, or representatives of the interstate commission, acting within the scope of their 
131.32 	employment or duties, may not exceed the limits of liability set forth under the constitution 
131.33 	and laws of this state for state officials, employees, and agents. This paragraph expressly 
132.1 	incorporates  section 3.736, and neither expands nor limits the rights and remedies provided 
132.2 	under that statute.
132.3 	(I) Except for a claim alleging a violation of this compact, a claim against the commission, 
132.4 	its executive director, employees, or representatives alleging a violation of the constitution 
132.5 	and laws of this state may be brought in any county where the plaintiff resides. Nothing in 
132.6 	this paragraph creates a private right of action.
132.7 	(J) Nothing in this compact shall be construed as a limitation on the liability of any 
132.8 	licensee for professional malpractice or misconduct, which shall be governed solely by any 
132.9 	other applicable state laws.
132.10 	ARTICLE IX
132.11 	DATA SYSTEM
132.12 	(A) The commission shall provide for the development, maintenance, and utilization of 
132.13 	a coordinated database and reporting system containing licensure, adverse action, and 
132.14 	investigative information on all licensed individuals in member states.
132.15 	(B) A member state shall submit a uniform data set to the data system on all individuals 
132.16 	to whom this compact is applicable, utilizing a unique identifier, as required by the rules 
132.17 	of the commission, including:
132.18 	(1) identifying information;
132.19 	(2) licensure data;
132.20 	(3) adverse actions against a license or compact privilege;
132.21 	(4) nonconfidential information related to alternative program participation;
132.22 	(5) any denial of application for licensure and the reason or reasons for such denial;
132.23 	(6) other information that may facilitate the administration of this compact, as determined 
132.24 	by the rules of the commission; and
132.25 	(7) current significant investigative information.
132.26 	(C) Current significant investigative information and other investigative information 
132.27 	pertaining to a licensee in any member state will only be available to other member states.
132.28 	(D) The commission shall promptly notify all member states of any adverse action taken 
132.29 	against a licensee or an individual applying for a license. Adverse action information 
132.30 	pertaining to a licensee in any member state will be available to any other member state.
133.1 	(E) Member states contributing information to the data system may designate information 
133.2 	that may not be shared with the public without the express permission of the contributing 
133.3 	state.
133.4 	(F) Any information submitted to the data system that is subsequently required to be 
133.5 	expunged by the laws of the member state contributing the information shall be removed 
133.6 	from the data system.
133.7 	ARTICLE X
133.8 	RULEMAKING
133.9 	(A) The commission shall exercise its rulemaking powers pursuant to the criteria set 
133.10 	forth in this Article and the rules adopted thereunder. Rules and amendments shall become 
133.11 	binding as of the date specified in each rule or amendment.
133.12 	(B) The commission shall promulgate reasonable rules in order to effectively and 
133.13 	efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event 
133.14 	the commission exercises its rulemaking authority in a manner that is beyond the scope of 
133.15 	the purposes of the compact, or the powers granted hereunder, then such an action by the 
133.16 	commission shall be invalid and have no force and effect.
133.17 	(C) If a majority of the legislatures of the member states rejects a rule, by enactment of 
133.18 	a statute or resolution in the same manner used to adopt the compact within four years of 
133.19 	the date of adoption of the rule, then such rule shall have no further force and effect in any 
133.20 	member state.
133.21 	(D) Rules or amendments to the rules shall be adopted at a regular or special meeting 
133.22 	of the commission.
133.23 	(E) Prior to promulgation and adoption of a final rule or rules by the commission, and 
133.24 	at least 30 days in advance of the meeting at which the rule will be considered and voted 
133.25 	upon, the commission shall file a notice of proposed rulemaking:
133.26 	(1) on the website of the commission or other publicly accessible platform; and
133.27 	(2) on the website of each member state occupational therapy licensing board or other 
133.28 	publicly accessible platform or the publication in which each state would otherwise publish 
133.29 	proposed rules.
133.30 	(F) The notice of proposed rulemaking shall include:
133.31 	(1) the proposed time, date, and location of the meeting in which the rule will be 
133.32 	considered and voted upon;
134.1 	(2) the text of the proposed rule or amendment and the reason for the proposed rule;
134.2 	(3) a request for comments on the proposed rule from any interested person; and
134.3 	(4) the manner in which interested persons may submit notice to the commission of their 
134.4 	intention to attend the public hearing and any written comments.
134.5 	(G) Prior to adoption of a proposed rule, the commission shall allow persons to submit 
134.6 	written data, facts, opinions, and arguments, which shall be made available to the public.
134.7 	(H) The commission shall grant an opportunity for a public hearing before it adopts a 
134.8 	rule or amendment if a hearing is requested by:
134.9 	(1) at least 25 persons;
134.10 	(2) a state or federal governmental subdivision or agency; or
134.11 	(3) an association or organization having at least 25 members.
134.12 	(I) If a hearing is held on the proposed rule or amendment, the commission shall publish 
134.13 	the place, time, and date of the scheduled public hearing. If the hearing is held via electronic 
134.14 	means, the commission shall publish the mechanism for access to the electronic hearing:
134.15 	(1) All persons wishing to be heard at the hearing shall notify the executive director of 
134.16 	the commission or other designated member in writing of their desire to appear and testify 
134.17 	at the hearing not less than five business days before the scheduled date of the hearing.
134.18 	(2) Hearings shall be conducted in a manner providing each person who wishes to 
134.19 	comment a fair and reasonable opportunity to comment orally or in writing.
134.20 	(3) All hearings will be recorded. A copy of the recording will be made available on 
134.21 	request.
134.22 	(4) Nothing in this Article shall be construed as requiring a separate hearing on each 
134.23 	rule. Rules may be grouped for the convenience of the commission at hearings required by 
134.24 	this Article.
134.25 	(J) Following the scheduled hearing date, or by the close of business on the scheduled 
134.26 	hearing date if the hearing was not held, the commission shall consider all written and oral 
134.27 	comments received.
134.28 	(K) If no written notice of intent to attend the public hearing by interested parties is 
134.29 	received, the commission may proceed with promulgation of the proposed rule without a 
134.30 	public hearing.
135.1 	(L) The commission shall, by majority vote of all members, take final action on the 
135.2 	proposed rule and shall determine the effective date of the rule, if any, based on the 
135.3 	rulemaking record and the full text of the rule.
135.4 	(M) Upon determination that an emergency exists, the commission may consider and 
135.5 	adopt an emergency rule without prior notice, opportunity for comment, or hearing; provided 
135.6 	that the usual rulemaking procedures provided in the compact and in this Article shall be 
135.7 	retroactively applied to the rule as soon as reasonably possible, in no event later than 90 
135.8 	days after the effective date of the rule. For the purposes of this provision, an emergency 
135.9 	rule is one that must be adopted immediately in order to:
135.10 	(1) meet an imminent threat to public health, safety, or welfare;
135.11 	(2) prevent a loss of commission or member state funds;
135.12 	(3) meet a deadline for the promulgation of an administrative rule that is established by 
135.13 	federal law or rule; or
135.14 	(4) protect public health and safety.
135.15 	(N) The commission or an authorized committee of the commission may direct revisions 
135.16 	to a previously adopted rule or amendment for purposes of correcting typographical errors, 
135.17 	errors in format, errors in consistency, or grammatical errors. Public notice of any revisions 
135.18 	shall be posted on the website of the commission. The revision shall be subject to challenge 
135.19 	by any person for a period of 30 days after posting. The revision may be challenged only 
135.20 	on grounds that the revision results in a material change to a rule. A challenge shall be made 
135.21 	in writing and delivered to the chair of the commission prior to the end of the notice period. 
135.22 	If no challenge is made, the revision will take effect without further action. If the revision 
135.23 	is challenged, the revision may not take effect without the approval of the commission.
135.24 	ARTICLE XI
135.25 	OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
135.26 	(A) Oversight:
135.27 	(1) The executive, legislative, and judicial branches of state government in each member 
135.28 	state shall enforce this compact and take all actions necessary and appropriate to effectuate 
135.29 	the compact's purposes and intent. The provisions of this compact and the rules promulgated 
135.30 	hereunder shall have standing as statutory law.
136.1 	(2) All courts shall take judicial notice of the compact and the rules in any judicial or 
136.2 	administrative proceeding in a member state pertaining to the subject matter of this compact 
136.3 	which may affect the powers, responsibilities, or actions of the commission.
136.4 	(3) The commission shall be entitled to receive service of process in any such proceeding, 
136.5 	and shall have standing to intervene in such a proceeding for all purposes. Failure to provide 
136.6 	service of process to the commission shall render a judgment or order void as to the 
136.7 	commission, this compact, or promulgated rules.
136.8 	(B) Default, Technical Assistance, and Termination:
136.9 	(1) If the commission determines that a member state has defaulted in the performance 
136.10 	of its obligations or responsibilities under this compact or the promulgated rules, the 
136.11 	commission shall:
136.12 	(i) provide written notice to the defaulting state and other member states of the nature 
136.13 	of the default, the proposed means of curing the default, or any other action to be taken by 
136.14 	the commission; and
136.15 	(ii) provide remedial training and specific technical assistance regarding the default.
136.16 	(2) If a state in default fails to cure the default, the defaulting state may be terminated 
136.17 	from the compact upon an affirmative vote of a majority of the member states, and all rights, 
136.18 	privileges, and benefits conferred by this compact may be terminated on the effective date 
136.19 	of termination. A cure of the default does not relieve the offending state of obligations or 
136.20 	liabilities incurred during the period of default.
136.21 	(3) Termination of membership in the compact shall be imposed only after all other 
136.22 	means of securing compliance have been exhausted. Notice of intent to suspend or terminate 
136.23 	shall be given by the commission to the governor, the majority and minority leaders of the 
136.24 	defaulting state's legislature, and each of the member states.
136.25 	(4) A state that has been terminated is responsible for all assessments, obligations, and 
136.26 	liabilities incurred through the effective date of termination, including obligations that 
136.27 	extend beyond the effective date of termination.
136.28 	(5) The commission shall not bear any costs related to a state that is found to be in default 
136.29 	or that has been terminated from the compact, unless agreed upon in writing between the 
136.30 	commission and the defaulting state.
136.31 	(6) The defaulting state may appeal the action of the commission by petitioning the 
136.32 	United States District Court for the District of Columbia or the federal district where the 
137.1 	commission has its principal offices. The prevailing member shall be awarded all costs of 
137.2 	such litigation, including reasonable attorney fees.
137.3 	(C) Dispute Resolution:
137.4 	(1) Upon request by a member state, the commission shall attempt to resolve disputes 
137.5 	related to the compact that arise among member states and between member and nonmember 
137.6 	states.
137.7 	(2) The commission shall promulgate a rule providing for both mediation and binding 
137.8 	dispute resolution for disputes as appropriate.
137.9 	(D) Enforcement:
137.10 	(1) The commission, in the reasonable exercise of its discretion, shall enforce the 
137.11 	provisions and rules of this compact.
137.12 	(2) By majority vote, the commission may initiate legal action in the United States 
137.13 	District Court for the District of Columbia or the federal district where the commission has 
137.14 	its principal offices against a member state in default to enforce compliance with the 
137.15 	provisions of the compact and its promulgated rules and bylaws. The relief sought may 
137.16 	include both injunctive relief and damages. In the event that judicial enforcement is necessary, 
137.17 	the prevailing member shall be awarded all costs of such litigation, including reasonable 
137.18 	attorney fees.
137.19 	(3) The remedies herein shall not be the exclusive remedies of the commission. The 
137.20 	commission may pursue any other remedies available under federal or state law.
137.21 	ARTICLE XII
137.22 	DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR 
137.23 	OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, 
137.24 	AND AMENDMENT
137.25 	(A) The compact shall come into effect on the date on which the compact statute is 
137.26 	enacted into law in the tenth member state. The provisions, which become effective at that 
137.27 	time, shall be limited to the powers granted to the commission relating to assembly and the 
137.28 	promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking 
137.29 	powers necessary to the implementation and administration of the compact.
137.30 	(B) Any state that joins the compact subsequent to the commission's initial adoption of 
137.31 	the rules shall be subject to the rules as they exist on the date on which the compact becomes 
138.1 	law in that state. Any rule that has been previously adopted by the commission shall have 
138.2 	the full force and effect of law on the day the compact becomes law in that state.
138.3 	(C) Any member state may withdraw from this compact by enacting a statute repealing 
138.4 	the same:
138.5 	(1) A member state's withdrawal shall not take effect until six months after enactment 
138.6 	of the repealing statute.
138.7 	(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's 
138.8 	occupational therapy licensing board to comply with the investigative and adverse action 
138.9 	reporting requirements of this compact prior to the effective date of withdrawal.
138.10 	(D) Nothing contained in this compact shall be construed to invalidate or prevent any 
138.11 	occupational therapy licensure agreement or other cooperative arrangement between a 
138.12 	member state and a nonmember state that does not conflict with the provisions of this 
138.13 	compact.
138.14 	(E) This compact may be amended by the member states. No amendment to this compact 
138.15 	shall become effective and binding upon any member state until it is enacted into the laws 
138.16 	of all member states.
138.17 	ARTICLE XIII
138.18 	CONSTRUCTION AND SEVERABILITY
138.19 	This compact shall be liberally construed so as to effectuate the purposes thereof. The 
138.20 	provisions of this compact shall be severable and if any phrase, clause, sentence, or provision 
138.21 	of this compact is declared to be contrary to the constitution of any member state or of the 
138.22 	United States or the applicability thereof to any government, agency, person, or circumstance 
138.23 	is held invalid, the validity of the remainder of this compact and the applicability thereof 
138.24 	to any government, agency, person, or circumstance shall not be affected thereby. If this 
138.25 	compact shall be held contrary to the constitution of any member state, the compact shall 
138.26 	remain in full force and effect as to the remaining member states and in full force and effect 
138.27 	as to the member state affected as to all severable matters.
138.28 	ARTICLE XIV
138.29 	BINDING EFFECT OF COMPACT AND OTHER LAWS
138.30 	(A) A licensee providing occupational therapy in a remote state under the compact 
138.31 	privilege shall function within the laws and regulations of the remote state.
139.1 	(B) Nothing herein prevents the enforcement of any other law of a member state that is 
139.2 	not inconsistent with the compact.
139.3 	(C) Any laws in a member state in conflict with the compact are superseded to the extent 
139.4 	of the conflict.
139.5 	(D) Any lawful actions of the commission, including all rules and bylaws promulgated 
139.6 	by the commission, are binding upon the member states.
139.7 	(E) All agreements between the commission and the member states are binding in 
139.8 	accordance with their terms.
139.9 	(F) In the event any provision of the compact exceeds the constitutional limits imposed 
139.10 	on the legislature of any member state, the provision shall be ineffective to the extent of the 
139.11 	conflict with the constitutional provision in question in that member state.

139.12 	ARTICLE 16
139.13 	PHYSICAL THERAPISTS

139.14 	Section 1. [148.676] PHYSICAL THERAPY LICENSURE COMPACT.
139.15 	The physical therapy licensure compact is enacted into law and entered into with all 
139.16 	other jurisdictions legally joining in the compact in the form substantially specified in this 
139.17 	section.
139.18 	ARTICLE I
139.19 	TITLE
139.20 	This statute shall be known and cited as the physical therapy licensure compact.
139.21 	ARTICLE II
139.22 	DEFINITIONS
139.23 	As used in this compact, and except as otherwise provided, the following terms have 
139.24 	the meanings given them.
139.25 	(a) "Active duty military" means full-time duty status in the active uniformed service 
139.26 	of the United States, including members of the National Guard and Reserve on active duty 
139.27 	orders pursuant to United States Code, title 10, chapters 1209 and 1211.
139.28 	(b) "Adverse action" means disciplinary action taken by a physical therapy licensing 
139.29 	board based upon misconduct, unacceptable performance, or a combination of both.
140.1 	(c) "Alternative program" means a nondisciplinary monitoring or practice remediation 
140.2 	process approved by a physical therapy licensing board. Alternative program includes but 
140.3 	is not limited to substance abuse issues.
140.4 	(d) "Compact privilege" means the authorization granted by a remote state to allow a 
140.5 	licensee from another member state to practice as a physical therapist or work as a physical 
140.6 	therapist assistant in the remote state under its laws and rules. The practice of physical 
140.7 	therapy occurs in the member state where the patient or client is located at the time of the 
140.8 	patient or client encounter.
140.9 	(e) "Continuing competence" means a requirement, as a condition of license renewal, 
140.10 	to provide evidence of participation in, or completion of, educational and professional 
140.11 	activities relevant to practice or area of work.
140.12 	(f) "Data system" means a repository of information about licensees, including 
140.13 	examination, licensure, investigative, compact privilege, and adverse action.
140.14 	(g) "Encumbered license" means a license that a physical therapy licensing board has 
140.15 	limited in any way.
140.16 	(h) "Executive board" means a group of directors elected or appointed to act on behalf 
140.17 	of, and within the powers granted to them by, the commission.
140.18 	(i) "Home state" means the member state that is the licensee's primary state of residence.
140.19 	(j) "Investigative information" means information, records, and documents received or 
140.20 	generated by a physical therapy licensing board pursuant to an investigation.
140.21 	(k) "Jurisprudence requirement" means the assessment of an individual's knowledge of 
140.22 	the laws and rules governing the practice of physical therapy in a state.
140.23 	(l) "Licensee" means an individual who currently holds an authorization from the state 
140.24 	to practice as a physical therapist or to work as a physical therapist assistant.
140.25 	(m) "Member state" means a state that has enacted the compact.
140.26 	(n) "Party state" means any member state in which a licensee holds a current license or 
140.27 	compact privilege or is applying for a license or compact privilege.
140.28 	(o) "Physical therapist" means an individual who is licensed by a state to practice physical 
140.29 	therapy.
140.30 	(p) "Physical therapist assistant" means an individual who is licensed or certified by a 
140.31 	state and who assists the physical therapist in selected components of physical therapy.
141.1 	(q) "Physical therapy," "physical therapy practice," or "the practice of physical therapy" 
141.2 	means the care and services provided by or under the direction and supervision of a licensed 
141.3 	physical therapist.
141.4 	(r) "Physical Therapy Compact Commission" or "commission" means the national 
141.5 	administrative body whose membership consists of all states that have enacted the compact.
141.6 	(s) "Physical therapy licensing board" or "licensing board" means the agency of a state 
141.7 	that is responsible for the licensing and regulation of physical therapists and physical therapist 
141.8 	assistants.
141.9 	(t) "Remote state" means a member state other than the home state where a licensee is 
141.10 	exercising or seeking to exercise the compact privilege.
141.11 	(u) "Rule" means a regulation, principle, or directive promulgated by the commission 
141.12 	that has the force of law.
141.13 	(v) "State" means any state, commonwealth, district, or territory of the United States 
141.14 	that regulates the practice of physical therapy.
141.15 	ARTICLE III
141.16 	STATE PARTICIPATION IN THE COMPACT
141.17 	(a) To participate in the compact, a state must:
141.18 	(1) participate fully in the commission's data system, including using the commission's 
141.19 	unique identifier as defined in rules;
141.20 	(2) have a mechanism in place for receiving and investigating complaints about licensees;
141.21 	(3) notify the commission, in compliance with the terms of the compact and rules, of 
141.22 	any adverse action or the availability of investigative information regarding a licensee;
141.23 	(4) fully implement a criminal background check requirement, within a time frame 
141.24 	established by rule, by receiving the results of the Federal Bureau of Investigation record 
141.25 	search on criminal background checks and use the results in making licensure decisions in 
141.26 	accordance with paragraph (b);
141.27 	(5) comply with the rules of the commission;
141.28 	(6) utilize a recognized national examination as a requirement for licensure pursuant to 
141.29 	the rules of the commission; and
141.30 	(7) have continuing competence requirements as a condition for license renewal.
142.1 	(b) Upon adoption of this compact, the member state shall have the authority to obtain 
142.2 	biometric-based information from each physical therapy licensure applicant and submit this 
142.3 	information to the Federal Bureau of Investigation for a criminal background check in 
142.4 	accordance with United States Code, title 28, section 534, and United States Code, title 42, 
142.5 	section 14616.
142.6 	(c) A member state shall grant the compact privilege to a licensee holding a valid 
142.7 	unencumbered license in another member state in accordance with the terms of the compact 
142.8 	and rules.
142.9 	(d) Member states may charge a fee for granting a compact privilege.
142.10 	ARTICLE IV
142.11 	COMPACT PRIVILEGE
142.12 	(a) To exercise the compact privilege under the terms and provisions of the compact, 
142.13 	the licensee shall:
142.14 	(1) hold a license in the home state;
142.15 	(2) have no encumbrance on any state license;
142.16 	(3) be eligible for a compact privilege in any member state in accordance with paragraphs 
142.17 	(d), (g), and (h);
142.18 	(4) have not had any adverse action against any license or compact privilege within the 
142.19 	previous two years;
142.20 	(5) notify the commission that the licensee is seeking the compact privilege within a 
142.21 	remote state or states;
142.22 	(6) pay any applicable fees, including any state fee, for the compact privilege;
142.23 	(7) meet any jurisprudence requirements established by the remote state or states in 
142.24 	which the licensee is seeking a compact privilege; and
142.25 	(8) report to the commission adverse action taken by any nonmember state within 30 
142.26 	days from the date the adverse action is taken.
142.27 	(b) The compact privilege is valid until the expiration date of the home license. The 
142.28 	licensee must comply with the requirements of paragraph (a) to maintain the compact 
142.29 	privilege in the remote state.
142.30 	(c) A licensee providing physical therapy in a remote state under the compact privilege 
142.31 	shall function within the laws and regulations of the remote state.
143.1 	(d) A licensee providing physical therapy in a remote state is subject to that state's 
143.2 	regulatory authority. A remote state may, in accordance with due process and that state's 
143.3 	laws, remove a licensee's compact privilege in the remote state for a specific period of time, 
143.4 	impose fines, or take any other necessary actions to protect the health and safety of its 
143.5 	citizens. The licensee is not eligible for a compact privilege in any state until the specific 
143.6 	time for removal has passed and all fines are paid.
143.7 	(e) If a home state license is encumbered, the licensee shall lose the compact privilege 
143.8 	in any remote state until the following occur:
143.9 	(1) the home state license is no longer encumbered; and
143.10 	(2) two years have elapsed from the date of the adverse action.
143.11 	(f) Once an encumbered license in the home state is restored to good standing, the 
143.12 	licensee must meet the requirements of paragraph (a) to obtain a compact privilege in any 
143.13 	remote state.
143.14 	(g) If a licensee's compact privilege in any remote state is removed, the individual shall 
143.15 	lose the compact privilege in any remote state until the following occur:
143.16 	(1) the specific period of time for which the compact privilege was removed has ended;
143.17 	(2) all fines have been paid; and
143.18 	(3) two years have elapsed from the date of the adverse action.
143.19 	(h) Once the requirements of paragraph (g) have been met, the licensee must meet the 
143.20 	requirements in paragraph (a) to obtain a compact privilege in a remote state.
143.21 	ARTICLE V
143.22 	ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
143.23 	A licensee who is active duty military or is the spouse of an individual who is active 
143.24 	duty military may designate one of the following as the home state:
143.25 	(1) home of record;
143.26 	(2) permanent change of station (PCS) state; or
143.27 	(3) state of current residence if different than the PCS state or home of record.
143.28 	ARTICLE VI
143.29 	ADVERSE ACTIONS
144.1 	(a) A home state shall have exclusive power to impose adverse action against a license 
144.2 	issued by the home state.
144.3 	(b) A home state may take adverse action based on the investigative information of a 
144.4 	remote state, so long as the home state follows its own procedures for imposing adverse 
144.5 	action.
144.6 	(c) Nothing in this compact shall override a member state's decision that participation 
144.7 	in an alternative program may be used in lieu of adverse action and that such participation 
144.8 	shall remain nonpublic if required by the member state's laws. Member states must require 
144.9 	licensees who enter any alternative programs in lieu of discipline to agree not to practice 
144.10 	in any other member state during the term of the alternative program without prior 
144.11 	authorization from such other member state.
144.12 	(d) Any member state may investigate actual or alleged violations of the statutes and 
144.13 	rules authorizing the practice of physical therapy in any other member state in which a 
144.14 	physical therapist or physical therapist assistant holds a license or compact privilege.
144.15 	(e) A remote state shall have the authority to:
144.16 	(1) take adverse actions as set forth in article IV, paragraph (d), against a licensee's 
144.17 	compact privilege in the state;
144.18 	(2) issue subpoenas for both hearings and investigations that require the attendance and 
144.19 	testimony of witnesses and the production of evidence. Subpoenas issued by a physical 
144.20 	therapy licensing board in a party state for the attendance and testimony of witnesses, or 
144.21 	the production of evidence from another party state, shall be enforced in the latter state by 
144.22 	any court of competent jurisdiction, according to the practice and procedure of that court 
144.23 	applicable to subpoenas issued in proceedings pending before it. The issuing authority shall 
144.24 	pay any witness fees, travel expenses, mileage, and other fees required by the service statutes 
144.25 	of the state where the witnesses or evidence are located; and
144.26 	(3) if otherwise permitted by state law, recover from the licensee the costs of 
144.27 	investigations and disposition of cases resulting from any adverse action taken against that 
144.28 	licensee.
144.29 	(f) In addition to the authority granted to a member state by its respective physical therapy 
144.30 	practice act or other applicable state law, a member state may participate with other member 
144.31 	states in joint investigations of licensees.
144.32 	(g) Member states shall share any investigative, litigation, or compliance materials in 
144.33 	furtherance of any joint or individual investigation initiated under the compact.
145.1 	ARTICLE VII
145.2 	ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION
145.3 	(a) The compact member states hereby create and establish a joint public agency known 
145.4 	as the Physical Therapy Compact Commission:
145.5 	(1) the commission is an instrumentality of the compact states;
145.6 	(2) except as provided under paragraph (h), venue is proper and judicial proceedings by 
145.7 	or against the commission shall be brought solely and exclusively in a court of competent 
145.8 	jurisdiction where the principal office of the commission is located. The commission may 
145.9 	waive venue and jurisdictional defenses to the extent it adopts or consents to participate in 
145.10 	alternative dispute resolution proceedings; and
145.11 	(3) nothing in this compact shall be construed to be a waiver of sovereign immunity.
145.12 	(b) Membership, voting, and meetings:
145.13 	(1) each member state shall have and be limited to one delegate selected by that member 
145.14 	state's licensing board;
145.15 	(2) the delegate shall be a current member of the licensing board who is a physical 
145.16 	therapist, physical therapist assistant, public member, or the board administrator;
145.17 	(3) each delegate shall be entitled to one vote with regard to the promulgation of rules 
145.18 	and creation of bylaws and shall otherwise have an opportunity to participate in the business 
145.19 	and affairs of the commission;
145.20 	(4) a delegate shall vote in person or by such other means as provided in the bylaws. 
145.21 	The bylaws may provide for delegates' participation in meetings by telephone or other means 
145.22 	of communication;
145.23 	(5) any delegate may be removed or suspended from office as provided by the laws of 
145.24 	the state from which the delegate is appointed;
145.25 	(6) the member state board shall fill any vacancy occurring in the commission;
145.26 	(7) the commission shall meet at least once during each calendar year. Additional 
145.27 	meetings shall be held as set forth in the bylaws;
145.28 	(8) all meetings shall be open to the public and public notice of meetings shall be given 
145.29 	in the same manner as required under the rulemaking provisions in article IX;
146.1 	(9) the commission or the executive board or other committees of the commission may 
146.2 	convene in a closed, nonpublic meeting if the commission or executive board or other 
146.3 	committees of the commission must discuss:
146.4 	(i) noncompliance of a member state with its obligations under the compact;
146.5 	(ii) the employment, compensation, discipline, or other matters, practices, or procedures 
146.6 	related to specific employees or other matters related to the commission's internal personnel 
146.7 	practices and procedures;
146.8 	(iii) current, threatened, or reasonably anticipated litigation;
146.9 	(iv) negotiation of contracts for the purchase, lease, or sale of goods, services, or real 
146.10 	estate;
146.11 	(v) accusing any person of a crime or formally censuring any person;
146.12 	(vi) disclosure of trade secrets or commercial or financial information that is privileged 
146.13 	or confidential;
146.14 	(vii) disclosure of information of a personal nature where disclosure would constitute a 
146.15 	clearly unwarranted invasion of personal privacy;
146.16 	(viii) disclosure of investigative records compiled for law enforcement purposes;
146.17 	(ix) disclosure of information related to any investigative reports prepared by or on 
146.18 	behalf of or for use of the commission or other committee charged with responsibility of 
146.19 	investigation or determination of compliance issues pursuant to the compact; or
146.20 	(x) matters specifically exempted from disclosure by federal or member state statute;
146.21 	(10) if a meeting, or portion of a meeting, is closed pursuant to this provision, the 
146.22 	commission's legal counsel or designee shall certify that the meeting may be closed and 
146.23 	shall reference each relevant exempting provision; and
146.24 	(11) the commission shall keep minutes that fully and clearly describe all matters 
146.25 	discussed in a meeting and shall provide a full and accurate summary of actions taken and 
146.26 	the reasons therefore, including a description of the views expressed. All documents 
146.27 	considered in connection with an action shall be identified in such minutes. All minutes and 
146.28 	documents of a closed meeting shall remain under seal, subject to release by a majority vote 
146.29 	of the commission or order of a court of competent jurisdiction.
146.30 	(c) The commission shall have the following powers and duties:
146.31 	(1) establish the fiscal year of the commission;
147.1 	(2) establish bylaws;
147.2 	(3) maintain its financial records in accordance with the bylaws;
147.3 	(4) meet and take such actions as are consistent with the provisions of this compact and 
147.4 	the bylaws;
147.5 	(5) promulgate uniform rules to facilitate and coordinate implementation and 
147.6 	administration of this compact. The rules shall have the force and effect of law and shall 
147.7 	be binding in all member states;
147.8 	(6) bring and prosecute legal proceedings or actions in the name of the commission, 
147.9 	provided that the standing of any state physical therapy licensing board to sue or be sued 
147.10 	under applicable law shall not be affected;
147.11 	(7) purchase and maintain insurance and bonds;
147.12 	(8) borrow, accept, or contract for services of personnel, including but not limited to 
147.13 	employees of a member state;
147.14 	(9) hire employees; elect or appoint officers; fix compensation; define duties; grant such 
147.15 	individuals appropriate authority to carry out the purposes of the compact; and establish the 
147.16 	commission's personnel policies and programs relating to conflicts of interest, qualifications 
147.17 	of personnel, and other related personnel matters;
147.18 	(10) accept any and all appropriate donations and grants of money, equipment, supplies, 
147.19 	materials, and services and receive, utilize, and dispose of the same, provided that at all 
147.20 	times the commission shall avoid any appearance of impropriety or conflict of interest;
147.21 	(11) lease; purchase; accept appropriate gifts or donations of; or otherwise to own, hold, 
147.22 	improve, or use any property, real, personal, or mixed, provided that at all times the 
147.23 	commission shall avoid any appearance of impropriety;
147.24 	(12) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of 
147.25 	any property real, personal, or mixed;
147.26 	(13) establish a budget and make expenditures;
147.27 	(14) borrow money;
147.28 	(15) appoint committees, including standing committees composed of members, state 
147.29 	regulators, state legislators or their representatives, consumer representatives, and such 
147.30 	other interested persons as may be designated in this compact and the bylaws;
147.31 	(16) provide and receive information from, and cooperate with, law enforcement agencies;
148.1 	(17) establish and elect an executive board; and
148.2 	(18) perform such other functions as may be necessary or appropriate to achieve the 
148.3 	purposes of this compact consistent with the state regulation of physical therapy licensure 
148.4 	and practice.
148.5 	(d) The executive board:
148.6 	(1) the executive board shall have the power to act on behalf of the commission according 
148.7 	to the terms of this compact;
148.8 	(2) the executive board shall be composed of nine members as follows:
148.9 	(i) seven voting members who are elected by the commission from the current 
148.10 	membership of the commission;
148.11 	(ii) one ex officio, nonvoting member from the recognized national physical therapy 
148.12 	professional association; and
148.13 	(iii) one ex officio, nonvoting member from the recognized membership organization 
148.14 	of the physical therapy licensing boards;
148.15 	(3) the ex officio members must be selected by their respective organizations;
148.16 	(4) the commission may remove any member of the executive board as provided in the 
148.17 	bylaws;
148.18 	(5) the executive board shall meet at least annually; and
148.19 	(6) the executive board shall have the following duties and responsibilities:
148.20 	(i) recommend to the entire commission changes to the rules or bylaws, changes to this 
148.21 	compact legislation, fees paid by compact member states such as annual dues, and any 
148.22 	commission compact fee charged to licensees for the compact privilege;
148.23 	(ii) ensure compact administration services are appropriately provided, contractual or 
148.24 	otherwise;
148.25 	(iii) prepare and recommend the budget;
148.26 	(iv) maintain financial records on behalf of the commission;
148.27 	(v) monitor compact compliance of member states and provide compliance reports to 
148.28 	the commission;
148.29 	(vi) establish additional committees as necessary; and
148.30 	(vii) other duties as provided in rules or bylaws.
149.1 	(e) Financing of the commission:
149.2 	(1) the commission shall pay, or provide for the payment of, the reasonable expenses of 
149.3 	the commission's establishment, organization, and ongoing activities;
149.4 	(2) the commission may accept any and all appropriate revenue sources, donations, and 
149.5 	grants of money, equipment, supplies, materials, and services;
149.6 	(3) the commission may levy on and collect an annual assessment from each member 
149.7 	state or impose fees on other parties to cover the cost of the operations and activities of the 
149.8 	commission and the commission's staff, which must be in a total amount sufficient to cover 
149.9 	its annual budget as approved each year for which revenue is not provided by other sources. 
149.10 	The aggregate annual assessment amount shall be allocated based upon a formula to be 
149.11 	determined by the commission, which shall promulgate a rule binding upon all member 
149.12 	states;
149.13 	(4) the commission shall not incur obligations of any kind prior to securing the funds 
149.14 	adequate to meet the same; nor shall the commission pledge the credit of any of the member 
149.15 	states, except by and with the authority of the member state; and
149.16 	(5) the commission shall keep accurate accounts of all receipts and disbursements. The 
149.17 	receipts and disbursements of the commission shall be subject to the audit and accounting 
149.18 	procedures established under the commission's bylaws. However, all receipts and 
149.19 	disbursements of funds handled by the commission shall be audited yearly by a certified or 
149.20 	licensed public accountant and the report of the audit shall be included in and become part 
149.21 	of the annual report of the commission.
149.22 	(f) Qualified immunity, defense, and indemnification:
149.23 	(1) the members, officers, executive director, employees, and representatives of the 
149.24 	commission shall be immune from suit and liability, either personally or in their official 
149.25 	capacity, for any claim for damage to or loss of property or personal injury or other civil 
149.26 	liability caused by or arising out of any actual or alleged act, error, or omission that occurred, 
149.27 	or that the person against whom the claim is made had a reasonable basis for believing 
149.28 	occurred, within the scope of commission employment, duties, or responsibilities, provided 
149.29 	that nothing in this paragraph shall be construed to protect any such person from suit or 
149.30 	liability for any damage, loss, injury, or liability caused by the intentional or willful or 
149.31 	wanton misconduct of that person;
149.32 	(2) the commission shall defend any member, officer, executive director, employee, or 
149.33 	representative of the commission in any civil action seeking to impose liability arising out 
150.1 	of any actual or alleged act, error, or omission that occurred within the scope of commission 
150.2 	employment, duties, or responsibilities, or that the person against whom the claim is made 
150.3 	had a reasonable basis for believing occurred within the scope of commission employment, 
150.4 	duties, or responsibilities, provided that nothing herein shall be construed to prohibit that 
150.5 	person from retaining his or her own counsel, and provided further that the actual or alleged 
150.6 	act, error, or omission did not result from the intentional or willful or wanton misconduct 
150.7 	of that person; and
150.8 	(3) the commission shall indemnify and hold harmless any member, officer, executive 
150.9 	director, employee, or representative of the commission for the amount of any settlement 
150.10 	or judgment obtained against that person arising out of any actual or alleged act, error, or 
150.11 	omission that occurred within the scope of commission employment, duties, or 
150.12 	responsibilities, or that such person had a reasonable basis for believing occurred within 
150.13 	the scope of commission employment, duties, or responsibilities, provided that the actual 
150.14 	or alleged act, error, or omission did not result from the intentional or willful or wanton 
150.15 	misconduct of that person.
150.16 	(g) Notwithstanding paragraph (f), clause (1), the liability of the executive director, 
150.17 	employees, or representatives of the interstate commission, acting within the scope of their 
150.18 	employment or duties, may not exceed the limits of liability set forth under the constitution 
150.19 	and laws of this state for state officials, employees, and agents. This paragraph expressly 
150.20 	incorporates  section 3.736, and neither expands nor limits the rights and remedies provided 
150.21 	under that statute.
150.22 	(h) Except for a claim alleging a violation of this compact, a claim against the 
150.23 	commission, its executive director, employees, or representatives alleging a violation of the 
150.24 	constitution and laws of this state may be brought in any county where the plaintiff resides. 
150.25 	Nothing in this paragraph creates a private right of action.
150.26 	(i) Nothing in this compact shall be construed as a limitation on the liability of any 
150.27 	licensee for professional malpractice or misconduct, which shall be governed solely by any 
150.28 	other applicable state laws.
150.29 	ARTICLE VIII
150.30 	DATA SYSTEM
150.31 	(a) The commission shall provide for the development, maintenance, and utilization of 
150.32 	a coordinated database and reporting system containing licensure, adverse action, and 
150.33 	investigative information on all licensed individuals in member states.
151.1 	(b) Notwithstanding any other provision of state law to the contrary, a member state 
151.2 	shall submit a uniform data set to the data system on all individuals to whom this compact 
151.3 	is applicable as required by the rules of the commission, including:
151.4 	(1) identifying information;
151.5 	(2) licensure data;
151.6 	(3) adverse actions against a license or compact privilege;
151.7 	(4) nonconfidential information related to alternative program participation;
151.8 	(5) any denial of application for licensure and the reason or reasons for the denial; and
151.9 	(6) other information that may facilitate the administration of this compact, as determined 
151.10 	by the rules of the commission.
151.11 	(c) Investigative information pertaining to a licensee in any member state will only be 
151.12 	available to other party states.
151.13 	(d) The commission shall promptly notify all member states of any adverse action taken 
151.14 	against a licensee or an individual applying for a license. Adverse action information 
151.15 	pertaining to a licensee in any member state will be available to any other member state.
151.16 	(e) Member states contributing information to the data system may designate information 
151.17 	that may not be shared with the public without the express permission of the contributing 
151.18 	state.
151.19 	(f) Any information submitted to the data system that is subsequently required to be 
151.20 	expunged by the laws of the member state contributing the information shall be removed 
151.21 	from the data system.
151.22 	ARTICLE IX
151.23 	RULEMAKING
151.24 	(a) The commission shall exercise its rulemaking powers pursuant to the criteria set 
151.25 	forth in this article and the rules adopted thereunder. Rules and amendments shall become 
151.26 	binding as of the date specified in each rule or amendment.
151.27 	(b) If a majority of the legislatures of the member states rejects a rule, by enactment of 
151.28 	a statute or resolution in the same manner used to adopt the compact within four years of 
151.29 	the date of adoption of the rule, then such rule shall have no further force and effect in any 
151.30 	member state.
152.1 	(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of 
152.2 	the commission.
152.3 	(d) Prior to promulgation and adoption of a final rule or rules by the commission and at 
152.4 	least 30 days in advance of the meeting at which the rule will be considered and voted upon, 
152.5 	the commission shall file a notice of proposed rulemaking:
152.6 	(1) on the website of the commission or other publicly accessible platform; and
152.7 	(2) on the website of each member state physical therapy licensing board or other publicly 
152.8 	accessible platform or the publication in which each state would otherwise publish proposed 
152.9 	rules.
152.10 	(e) The notice of proposed rulemaking shall include:
152.11 	(1) the proposed time, date, and location of the meeting in which the rule will be 
152.12 	considered and voted upon;
152.13 	(2) the text of the proposed rule or amendment and the reason for the proposed rule;
152.14 	(3) a request for comments on the proposed rule from any interested person; and
152.15 	(4) the manner in which interested persons may submit notice to the commission of their 
152.16 	intention to attend the public hearing and any written comments.
152.17 	(f) Prior to adoption of a proposed rule, the commission shall allow persons to submit 
152.18 	written data, facts, opinions, and arguments, which shall be made available to the public.
152.19 	(g) The commission shall grant an opportunity for a public hearing before it adopts a 
152.20 	rule or amendment if a hearing is requested by:
152.21 	(1) at least 25 persons;
152.22 	(2) a state or federal governmental subdivision or agency; or
152.23 	(3) an association having at least 25 members.
152.24 	(h) If a hearing is held on the proposed rule or amendment, the commission shall publish 
152.25 	the place, time, and date of the scheduled public hearing. If the hearing is held via electronic 
152.26 	means, the commission shall publish the mechanism for access to the electronic hearing:
152.27 	(1) all persons wishing to be heard at the hearing shall notify the executive director of 
152.28 	the commission or other designated member in writing of their desire to appear and testify 
152.29 	at the hearing not less than five business days before the scheduled date of the hearing;
152.30 	(2) hearings shall be conducted in a manner providing each person who wishes to 
152.31 	comment a fair and reasonable opportunity to comment orally or in writing;
153.1 	(3) all hearings will be recorded. A copy of the recording will be made available on 
153.2 	request; and
153.3 	(4) nothing in this section shall be construed as requiring a separate hearing on each 
153.4 	rule. Rules may be grouped for the convenience of the commission at hearings required by 
153.5 	this section.
153.6 	(i) Following the scheduled hearing date, or by the close of business on the scheduled 
153.7 	hearing date if the hearing was not held, the commission shall consider all written and oral 
153.8 	comments received.
153.9 	(j) If no written notice of intent to attend the public hearing by interested parties is 
153.10 	received, the commission may proceed with promulgation of the proposed rule without a 
153.11 	public hearing.
153.12 	(k) The commission shall, by majority vote of all members, take final action on the 
153.13 	proposed rule and shall determine the effective date of the rule, if any, based on the 
153.14 	rulemaking record and the full text of the rule.
153.15 	(l) Upon determination that an emergency exists, the commission may consider and 
153.16 	adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided 
153.17 	that the usual rulemaking procedures provided in the compact and in this section shall be 
153.18 	retroactively applied to the rule as soon as reasonably possible, in no event later than 90 
153.19 	days after the effective date of the rule. For the purposes of this provision, an emergency 
153.20 	rule is one that must be adopted immediately in order to:
153.21 	(1) meet an imminent threat to public health, safety, or welfare;
153.22 	(2) prevent a loss of commission or member state funds;
153.23 	(3) meet a deadline for the promulgation of an administrative rule that is established by 
153.24 	federal law or rule; or
153.25 	(4) protect public health and safety.
153.26 	(m) The commission or an authorized committee of the commission may direct revisions 
153.27 	to a previously adopted rule or amendment for purposes of correcting typographical errors, 
153.28 	errors in format, errors in consistency, or grammatical errors. Public notice of any revisions 
153.29 	shall be posted on the website of the commission. The revision shall be subject to challenge 
153.30 	by any person for a period of 30 days after posting. The revision may be challenged only 
153.31 	on grounds that the revision results in a material change to a rule. A challenge shall be made 
153.32 	in writing and delivered to the chair of the commission prior to the end of the notice period. 
154.1 	If no challenge is made, the revision will take effect without further action. If the revision 
154.2 	is challenged, the revision may not take effect without the approval of the commission.
154.3 	ARTICLE X
154.4 	OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
154.5 	(a) Oversight:
154.6 	(1) the executive, legislative, and judicial branches of state government in each member 
154.7 	state shall enforce this compact and take all actions necessary and appropriate to effectuate 
154.8 	the compact's purposes and intent. The provisions of this compact and the rules promulgated 
154.9 	hereunder shall have standing as statutory law;
154.10 	(2) all courts shall take judicial notice of the compact and the rules in any judicial or 
154.11 	administrative proceeding in a member state pertaining to the subject matter of this compact 
154.12 	which may affect the powers, responsibilities, or actions of the commission; and
154.13 	(3) the commission shall be entitled to receive service of process in any such proceeding 
154.14 	and shall have standing to intervene in such a proceeding for all purposes. Failure to provide 
154.15 	service of process to the commission shall render a judgment or order void as to the 
154.16 	commission, this compact, or promulgated rules.
154.17 	(b) Default, technical assistance, and termination:
154.18 	(1) if the commission determines that a member state has defaulted in the performance 
154.19 	of its obligations or responsibilities under this compact or the promulgated rules, the 
154.20 	commission shall:
154.21 	(i) provide written notice to the defaulting state and other member states of the nature 
154.22 	of the default, the proposed means of curing the default, or any other action to be taken by 
154.23 	the commission; and
154.24 	(ii) provide remedial training and specific technical assistance regarding the default;
154.25 	(2) if a state in default fails to cure the default, the defaulting state may be terminated 
154.26 	from the compact upon an affirmative vote of a majority of the member states, and all rights, 
154.27 	privileges, and benefits conferred by this compact may be terminated on the effective date 
154.28 	of termination. A cure of the default does not relieve the offending state of obligations or 
154.29 	liabilities incurred during the period of default;
154.30 	(3) termination of membership in the compact shall be imposed only after all other means 
154.31 	of securing compliance have been exhausted. Notice of intent to suspend or terminate shall 
155.1 	be given by the commission to the governor, the majority and minority leaders of the 
155.2 	defaulting state's legislature, and each of the member states;
155.3 	(4) a state that has been terminated is responsible for all assessments, obligations, and 
155.4 	liabilities incurred through the effective date of termination, including obligations that 
155.5 	extend beyond the effective date of termination;
155.6 	(5) the commission shall not bear any costs related to a state that is found to be in default 
155.7 	or that has been terminated from the compact, unless agreed upon in writing between the 
155.8 	commission and the defaulting state; and
155.9 	(6) the defaulting state may appeal the action of the commission by petitioning the United 
155.10 	States District Court for the District of Columbia or the federal district where the commission 
155.11 	has its principal offices. The prevailing member shall be awarded all costs of such litigation, 
155.12 	including reasonable attorney fees.
155.13 	(c) Dispute resolution:
155.14 	(1) upon request by a member state, the commission shall attempt to resolve disputes 
155.15 	related to the compact that arise among member states and between member and nonmember 
155.16 	states; and
155.17 	(2) the commission shall promulgate a rule providing for both mediation and binding 
155.18 	dispute resolution for disputes as appropriate.
155.19 	(d) Enforcement:
155.20 	(1) the commission, in the reasonable exercise of its discretion, shall enforce the 
155.21 	provisions and rules of this compact;
155.22 	(2) by majority vote, the commission may initiate legal action in the United States District 
155.23 	Court for the District of Columbia or the federal district where the commission has its 
155.24 	principal offices against a member state in default to enforce compliance with the provisions 
155.25 	of the compact and its promulgated rules and bylaws. The relief sought may include both 
155.26 	injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing 
155.27 	member shall be awarded all costs of such litigation, including reasonable attorney fees; 
155.28 	and
155.29 	(3) the remedies herein shall not be the exclusive remedies of the commission. The 
155.30 	commission may pursue any other remedies available under federal or state law.
155.31 	ARTICLE XI
156.1 	DATE OF IMPLEMENTATION OF THE INTERSTATE COMPACT FOR PHYSICAL 
156.2 	THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND 
156.3 	AMENDMENTS
156.4 	(a) The compact shall come into effect on the date on which the compact statute is 
156.5 	enacted into law in the tenth member state. The provisions, which become effective at that 
156.6 	time, shall be limited to the powers granted to the commission relating to assembly and the 
156.7 	promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking 
156.8 	powers necessary to the implementation and administration of the compact.
156.9 	(b) Any state that joins the compact subsequent to the commission's initial adoption of 
156.10 	the rules shall be subject to the rules as they exist on the date on which the compact becomes 
156.11 	law in that state. Any rule that has been previously adopted by the commission shall have 
156.12 	the full force and effect of law on the day the compact becomes law in that state.
156.13 	(c) Any member state may withdraw from this compact by enacting a statute repealing 
156.14 	the same:
156.15 	(1) a member state's withdrawal shall not take effect until six months after enactment 
156.16 	of the repealing statute; and
156.17 	(2) withdrawal shall not affect the continuing requirement of the withdrawing state's 
156.18 	physical therapy licensing board to comply with the investigative and adverse action reporting 
156.19 	requirements of this compact prior to the effective date of withdrawal.
156.20 	(d) Nothing contained in this compact shall be construed to invalidate or prevent any 
156.21 	physical therapy licensure agreement or other cooperative arrangement between a member 
156.22 	state and a nonmember state that does not conflict with the provisions of this compact.
156.23 	(e) This compact may be amended by the member states. No amendment to this compact 
156.24 	shall become effective and binding upon any member state until it is enacted into the laws 
156.25 	of all member states.
156.26 	ARTICLE XII
156.27 	CONSTRUCTION AND SEVERABILITY
156.28 	This compact shall be liberally construed so as to effectuate the purposes thereof. The 
156.29 	provisions of this compact shall be severable and if any phrase, clause, sentence, or provision 
156.30 	of this compact is declared to be contrary to the constitution of any party state or of the 
156.31 	United States or the applicability thereof to any government, agency, person, or circumstance 
156.32 	is held invalid, the validity of the remainder of this compact and the applicability thereof 
156.33 	to any government, agency, person, or circumstance shall not be affected thereby. If this 
157.1 	compact shall be held contrary to the constitution of any party state, the compact shall 
157.2 	remain in full force and effect as to the remaining party states and in full force and effect 
157.3 	as to the party state affected as to all severable matters.

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

157.7 	ARTICLE 17
157.8 	PROFESSIONAL COUNSELORS

157.9 	Section 1. [148B.75] LICENSED PROFESSIONAL COUNSELOR INTERSTATE 
157.10 	COMPACT.
157.11 	The licensed professional counselor interstate compact is enacted into law and entered 
157.12 	into with all other jurisdictions legally joining in it, in the form substantially specified in 
157.13 	this section.
157.14 	ARTICLE I
157.15 	TITLE
157.16 	This statute shall be known and cited as the professional counselors licensure compact.
157.17 	ARTICLE II
157.18 	DEFINITIONS
157.19 	(a) As used in this compact, and except as otherwise provided, the following definitions 
157.20 	shall apply.
157.21 	(b) "Active duty military" means full-time duty status in the active uniformed service 
157.22 	of the United States, including members of the national guard and reserve on active duty 
157.23 	orders pursuant to United States Code, title 10, chapters 1209 and 1211.
157.24 	(c) "Adverse action" means any administrative, civil, equitable, or criminal action 
157.25 	permitted by a state's laws which is imposed by a licensing board or other authority against 
157.26 	a licensed professional counselor, including actions against an individual's license or privilege 
157.27 	to practice such as revocation, suspension, probation, monitoring of the licensee, limitation 
157.28 	on the licensee's practice, or any other encumbrance on licensure affecting a licensed 
157.29 	professional counselor's authorization to practice, including issuance of a cease and desist 
157.30 	action.
158.1 	(d) "Alternative program" means a non-disciplinary monitoring or practice remediation 
158.2 	process approved by a professional counseling licensing board to address impaired 
158.3 	practitioners.
158.4 	(e) "Continuing competence" and "continuing education" means a requirement, as a 
158.5 	condition of license renewal, to provide evidence of participation in, or completion of, 
158.6 	educational and professional activities relevant to practice or area of work.
158.7 	(f) "Counseling compact commission" or "commission" means the national administrative 
158.8 	body whose membership consists of all states that have enacted the compact.
158.9 	(g) "Current significant investigative information" means:
158.10 	(1) investigative information that a licensing board, after a preliminary inquiry that 
158.11 	includes notification and an opportunity for the licensed professional counselor to respond, 
158.12 	if required by state law, has reason to believe is not groundless and, if proved true, would 
158.13 	indicate more than a minor infraction; or
158.14 	(2) investigative information that indicates that the licensed professional counselor 
158.15 	represents an immediate threat to public health and safety regardless of whether the licensed 
158.16 	professional counselor has been notified and had an opportunity to respond.
158.17 	(h) "Data system" means a repository of information about licensees, including but not 
158.18 	limited to continuing education, examination, licensure, investigative, privilege to practice, 
158.19 	and adverse action information.
158.20 	(i) "Encumbered license" means a license in which an adverse action restricts the practice 
158.21 	of licensed professional counseling by the licensee and said adverse action has been reported 
158.22 	to the National Practitioners Data Bank (NPDB).
158.23 	(j) "Encumbrance" means a revocation or suspension of, or any limitation on, the full 
158.24 	and unrestricted practice of licensed professional counseling by a licensing board.
158.25 	(k) "Executive committee" means a group of directors elected or appointed to act on 
158.26 	behalf of, and within the powers granted to them by, the commission.
158.27 	(l) "Home state" means the member state that is the licensee's primary state of residence.
158.28 	(m) "Impaired practitioner" means an individual who has a condition that may impair 
158.29 	their ability to practice as a licensed professional counselor without some type of intervention 
158.30 	and may include but is not limited to alcohol and drug dependence, mental health impairment, 
158.31 	and neurological or physical impairment.
159.1 	(n) "Investigative information" means information, records, and documents received or 
159.2 	generated by a professional counseling licensing board pursuant to an investigation.
159.3 	(o) "Jurisprudence requirement," if required by a member state, means the assessment 
159.4 	of an individual's knowledge of the laws and rules governing the practice of professional 
159.5 	counseling in a state.
159.6 	(p) "Licensed professional counselor" means a counselor licensed by a member state, 
159.7 	regardless of the title used by that state, to independently assess, diagnose, and treat 
159.8 	behavioral health conditions.
159.9 	(q) "Licensee" means an individual who currently holds an authorization from the state 
159.10 	to practice as a licensed professional counselor.
159.11 	(r) "Licensing board" means the agency of a state, or equivalent, that is responsible for 
159.12 	the licensing and regulation of licensed professional counselors.
159.13 	(s) "Member state" means a state that has enacted the compact.
159.14 	(t) "Privilege to practice" means a legal authorization, which is equivalent to a license, 
159.15 	permitting the practice of professional counseling in a remote state.
159.16 	(u) "Professional counseling" means the assessment, diagnosis, and treatment of 
159.17 	behavioral health conditions by a licensed professional counselor.
159.18 	(v) "Remote state" means a member state other than the home state, where a licensee is 
159.19 	exercising or seeking to exercise the privilege to practice.
159.20 	(w) "Rule" means a regulation promulgated by the commission that has the force of law.
159.21 	(x) "Single state license" means a licensed professional counselor license issued by a 
159.22 	member state that authorizes practice only within the issuing state and does not include a 
159.23 	privilege to practice in any other member state.
159.24 	(y) "State" means any state, commonwealth, district, or territory of the United States 
159.25 	that regulates the practice of professional counseling.
159.26 	(z) "Telehealth" means the application of telecommunication technology to deliver 
159.27 	professional counseling services remotely to assess, diagnose, and treat behavioral health 
159.28 	conditions.
159.29 	(aa) "Unencumbered license" means a license that authorizes a licensed professional 
159.30 	counselor to engage in the full and unrestricted practice of professional counseling.
159.31 	ARTICLE III
160.1 	STATE PARTICIPATION IN THE COMPACT
160.2 	(a) To participate in the compact, a state must currently:
160.3 	(1) license and regulate licensed professional counselors;
160.4 	(2) require licensees to pass a nationally recognized exam approved by the commission;
160.5 	(3) require licensees to have a 60 semester-hour or 90 quarter-hour master's degree in 
160.6 	counseling or 60 semester-hours or 90 quarter-hours of graduate coursework including the 
160.7 	following topic areas:
160.8 	(i) professional counseling orientation and ethical practice;
160.9 	(ii) social and cultural diversity;
160.10 	(iii) human growth and development;
160.11 	(iv) career development;
160.12 	(v) counseling and helping relationships;
160.13 	(vi) group counseling and group work;
160.14 	(vii) diagnosis and treatment; assessment and testing;
160.15 	(viii) research and program evaluation; and
160.16 	(ix) other areas as determined by the commission;
160.17 	(4) require licensees to complete a supervised postgraduate professional experience as 
160.18 	defined by the commission; and
160.19 	(5) have a mechanism in place for receiving and investigating complaints about licensees.
160.20 	(b) A member state shall:
160.21 	(1) participate fully in the commission's data system, including using the commission's 
160.22 	unique identifier as defined in rules;
160.23 	(2) notify the commission, in compliance with the terms of the compact and rules, of 
160.24 	any adverse action or the availability of investigative information regarding a licensee;
160.25 	(3) implement or utilize procedures for considering the criminal history records of 
160.26 	applicants for an initial privilege to practice. These procedures shall include the submission 
160.27 	of fingerprints or other biometric-based information by applicants for the purpose of obtaining 
160.28 	an applicant's criminal history record information from the Federal Bureau of Investigation 
160.29 	and the agency responsible for retaining that state's criminal records;
161.1 	(i) a member state must fully implement a criminal background check requirement, 
161.2 	within a time frame established by rule, by receiving the results of the Federal Bureau of 
161.3 	Investigation record search and shall use the results in making licensure decisions; and
161.4 	(ii) communication between a member state, the commission, and among member states 
161.5 	regarding the verification of eligibility for licensure through the compact shall not include 
161.6 	any information received from the Federal Bureau of Investigation relating to a federal 
161.7 	criminal records check performed by a member state under Public Law 92-544;
161.8 	(4) comply with the rules of the commission;
161.9 	(5) require an applicant to obtain or retain a license in the home state and meet the home 
161.10 	state's qualifications for licensure or renewal of licensure, as well as all other applicable 
161.11 	state laws;
161.12 	(6) grant the privilege to practice to a licensee holding a valid unencumbered license in 
161.13 	another member state in accordance with the terms of the compact and rules; and
161.14 	(7) provide for the attendance of the state's commissioner to the counseling compact 
161.15 	commission meetings.
161.16 	(c) Member states may charge a fee for granting the privilege to practice.
161.17 	(d) Individuals not residing in a member state shall continue to be able to apply for a 
161.18 	member state's single state license as provided under the laws of each member state. However, 
161.19 	the single state license granted to these individuals shall not be recognized as granting a 
161.20 	privilege to practice professional counseling in any other member state.
161.21 	(e) Nothing in this compact shall affect the requirements established by a member state 
161.22 	for the issuance of a single state license.
161.23 	(f) A license issued to a licensed professional counselor by a home state to a resident in 
161.24 	that state shall be recognized by each member state as authorizing a licensed professional 
161.25 	counselor to practice professional counseling, under a privilege to practice, in each member 
161.26 	state.
161.27 	ARTICLE IV
161.28 	PRIVILEGE TO PRACTICE
161.29 	(a) To exercise the privilege to practice under the terms and provisions of the compact, 
161.30 	the licensee shall:
161.31 	(1) hold a license in the home state;
162.1 	(2) have a valid United States Social Security number or national practitioner identifier;
162.2 	(3) be eligible for a privilege to practice in any member state in accordance with this 
162.3 	article, paragraphs (d), (g), and (h);
162.4 	(4) have not had any encumbrance or restriction against any license or privilege to 
162.5 	practice within the previous two years;
162.6 	(5) notify the commission that the licensee is seeking the privilege to practice within a 
162.7 	remote state(s);
162.8 	(6) pay any applicable fees, including any state fee, for the privilege to practice;
162.9 	(7) meet any continuing competence or education requirements established by the home 
162.10 	state;
162.11 	(8) meet any jurisprudence requirements established by the remote state in which the 
162.12 	licensee is seeking a privilege to practice; and
162.13 	(9) report to the commission any adverse action, encumbrance, or restriction on license 
162.14 	taken by any nonmember state within 30 days from the date the action is taken.
162.15 	(b) The privilege to practice is valid until the expiration date of the home state license. 
162.16 	The licensee must comply with the requirements of this article, paragraph (a), to maintain 
162.17 	the privilege to practice in the remote state.
162.18 	(c) A licensee providing professional counseling in a remote state under the privilege 
162.19 	to practice shall adhere to the laws and regulations of the remote state.
162.20 	(d) A licensee providing professional counseling services in a remote state is subject to 
162.21 	that state's regulatory authority. A remote state may, in accordance with due process and 
162.22 	that state's laws, remove a licensee's privilege to practice in the remote state for a specific 
162.23 	period of time, impose fines, or take any other necessary actions to protect the health and 
162.24 	safety of its citizens. The licensee may be ineligible for a privilege to practice in any member 
162.25 	state until the specific time for removal has passed and all fines are paid.
162.26 	(e) If a home state license is encumbered, the licensee shall lose the privilege to practice 
162.27 	in any remote state until the following occur:
162.28 	(1) the home state license is no longer encumbered; and
162.29 	(2) have not had any encumbrance or restriction against any license or privilege to 
162.30 	practice within the previous two years.
163.1 	(f) Once an encumbered license in the home state is restored to good standing, the 
163.2 	licensee must meet the requirements of this article, paragraph (a), to obtain a privilege to 
163.3 	practice in any remote state.
163.4 	(g) If a licensee's privilege to practice in any remote state is removed, the individual 
163.5 	may lose the privilege to practice in all other remote states until the following occur:
163.6 	(1) the specific period of time for which the privilege to practice was removed has ended;
163.7 	(2) all fines have been paid; and
163.8 	(3) have not had any encumbrance or restriction against any license or privilege to 
163.9 	practice within the previous two years.
163.10 	(h) Once the requirements of this article, paragraph (g), have been met, the licensee must 
163.11 	meet the requirements in this article, paragraph (a), to obtain a privilege to practice in a 
163.12 	remote state.
163.13 	ARTICLE V
163.14 	OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO 
163.15 	PRACTICE
163.16 	(a) A licensed professional counselor may hold a home state license, which allows for 
163.17 	a privilege to practice in other member states, in only one member state at a time.
163.18 	(b) If a licensed professional counselor changes primary state of residence by moving 
163.19 	between two member states:
163.20 	(1) the licensed professional counselor shall file an application for obtaining a new home 
163.21 	state license based on a privilege to practice, pay all applicable fees, and notify the current 
163.22 	and new home state in accordance with applicable rules adopted by the commission;
163.23 	(2) upon receipt of an application for obtaining a new home state license by virtue of a 
163.24 	privilege to practice, the new home state shall verify that the licensed professional counselor 
163.25 	meets the pertinent criteria outlined in article IV via the data system, without need for 
163.26 	primary source verification, except for:
163.27 	(i) a Federal Bureau of Investigation fingerprint-based criminal background check if not 
163.28 	previously performed or updated pursuant to applicable rules adopted by the commission 
163.29 	in accordance with Public Law 92-544;
163.30 	(ii) other criminal background checks as required by the new home state; and
163.31 	(iii) completion of any requisite jurisprudence requirements of the new home state;
164.1 	(3) the former home state shall convert the former home state license into a privilege to 
164.2 	practice once the new home state has activated the new home state license in accordance 
164.3 	with applicable rules adopted by the commission;
164.4 	(4) notwithstanding any other provision of this compact, if the licensed professional 
164.5 	counselor cannot meet the criteria in article VI, the new home state may apply its 
164.6 	requirements for issuing a new single state license; and
164.7 	(5) the licensed professional counselor shall pay all applicable fees to the new home 
164.8 	state in order to be issued a new home state license.
164.9 	(c) If a licensed professional counselor changes primary state of residence by moving 
164.10 	from a member state to a nonmember state, or from a nonmember state to a member state, 
164.11 	the state criteria shall apply for issuance of a single state license in the new state.
164.12 	(d) Nothing in this compact shall interfere with a licensee's ability to hold a single state 
164.13 	license in multiple states, however, for the purposes of this compact, a licensee shall have 
164.14 	only one home state license.
164.15 	(e) Nothing in this compact shall affect the requirements established by a member state 
164.16 	for the issuance of a single state license.
164.17 	ARTICLE VI
164.18 	ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
164.19 	Active duty military personnel, or their spouse, shall designate a home state where the 
164.20 	individual has a current license in good standing. The individual may retain the home state 
164.21 	designation during the period the service member is on active duty. Subsequent to designating 
164.22 	a home state, the individual shall only change their home state through application for 
164.23 	licensure in the new state or through the process outlined in article V.
164.24 	ARTICLE VII
164.25 	COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
164.26 	(a) Member states shall recognize the right of a licensed professional counselor, licensed 
164.27 	by a home state in accordance with article III and under rules promulgated by the commission, 
164.28 	to practice professional counseling in any member state via telehealth under a privilege to 
164.29 	practice as provided in the compact and rules promulgated by the commission.
164.30 	(b) A licensee providing professional counseling services in a remote state under the 
164.31 	privilege to practice shall adhere to the laws and regulations of the remote state.
164.32 	ARTICLE VIII
165.1 	ADVERSE ACTIONS
165.2 	(a) In addition to the other powers conferred by state law, a remote state shall have the 
165.3 	authority, in accordance with existing state due process law, to:
165.4 	(1) take adverse action against a licensed professional counselor's privilege to practice 
165.5 	within that member state; and
165.6 	(2) issue subpoenas for both hearings and investigations that require the attendance and 
165.7 	testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing 
165.8 	board in a member state for the attendance and testimony of witnesses or the production of 
165.9 	evidence from another member state shall be enforced in the latter state by any court of 
165.10 	competent jurisdiction according to the practice and procedure of that court applicable to 
165.11 	subpoenas issued in proceedings pending before it. The issuing authority shall pay any 
165.12 	witness fees, travel expenses, mileage, and other fees required by the service statutes of the 
165.13 	state in which the witnesses or evidence are located.
165.14 	(b) Only the home state shall have the power to take adverse action against a licensed 
165.15 	professional counselor's license issued by the home state.
165.16 	(c) For purposes of taking adverse action, the home state shall give the same priority 
165.17 	and effect to reported conduct received from a member state as it would if the conduct had 
165.18 	occurred within the home state. In so doing, the home state shall apply its own state laws 
165.19 	to determine appropriate action.
165.20 	(d) The home state shall complete any pending investigations of a licensed professional 
165.21 	counselor who changes primary state of residence during the course of the investigations. 
165.22 	The home state shall also have the authority to take appropriate action and shall promptly 
165.23 	report the conclusions of the investigations to the administrator of the data system. The 
165.24 	administrator of the coordinated licensure information system shall promptly notify the new 
165.25 	home state of any adverse actions.
165.26 	(e) A member state, if otherwise permitted by state law, may recover from the affected 
165.27 	licensed professional counselor the costs of investigations and dispositions of cases resulting 
165.28 	from any adverse action taken against that licensed professional counselor.
165.29 	(f) A member state may take adverse action based on the factual findings of the remote 
165.30 	state, provided that the member state follows its own procedures for taking the adverse 
165.31 	action.
165.32 	(g) Joint investigations:
166.1 	(1) in addition to the authority granted to a member state by its respective professional 
166.2 	counseling practice act or other applicable state law, any member state may participate with 
166.3 	other member states in joint investigations of licensees; and
166.4 	(2) member states shall share any investigative, litigation, or compliance materials in 
166.5 	furtherance of any joint or individual investigation initiated under the compact.
166.6 	(h) If adverse action is taken by the home state against the license of a licensed 
166.7 	professional counselor, the licensed professional counselor's privilege to practice in all other 
166.8 	member states shall be deactivated until all encumbrances have been removed from the 
166.9 	state license. All home state disciplinary orders that impose adverse action against the license 
166.10 	of a licensed professional counselor shall include a statement that the licensed professional 
166.11 	counselor's privilege to practice is deactivated in all member states during the pendency of 
166.12 	the order.
166.13 	(i) If a member state takes adverse action, it shall promptly notify the administrator of 
166.14 	the data system. The administrator of the data system shall promptly notify the home state 
166.15 	of any adverse actions by remote states.
166.16 	(j) Nothing in this compact shall override a member state's decision that participation 
166.17 	in an alternative program may be used in lieu of adverse action.
166.18 	ARTICLE IX
166.19 	ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
166.20 	(a) The compact member states hereby create and establish a joint public agency known 
166.21 	as the counseling compact commission:
166.22 	(1) the commission is an instrumentality of the compact states;
166.23 	(2) except as provided under paragraph (i), venue is proper and judicial proceedings by 
166.24 	or against the commission shall be brought solely and exclusively in a court of competent 
166.25 	jurisdiction where the principal office of the commission is located. The commission may 
166.26 	waive venue and jurisdictional defenses to the extent it adopts or consents to participate in 
166.27 	alternative dispute resolution proceedings; and
166.28 	(3) nothing in this compact shall be construed to be a waiver of sovereign immunity.
166.29 	(b) Membership, voting, and meetings:
166.30 	(1) each member state shall have and be limited to one delegate selected by that member 
166.31 	state's licensing board;
166.32 	(2) the delegate shall be either:
167.1 	(i) a current member of the licensing board at the time of appointment who is a licensed 
167.2 	professional counselor or public member; or
167.3 	(ii) an administrator of the licensing board;
167.4 	(3) any delegate may be removed or suspended from office as provided by the law of 
167.5 	the state from which the delegate is appointed;
167.6 	(4) the member state licensing board shall fill any vacancy occurring on the commission 
167.7 	within 60 days;
167.8 	(5) each delegate shall be entitled to one vote with regard to the promulgation of rules 
167.9 	and creation of bylaws and shall otherwise have an opportunity to participate in the business 
167.10 	and affairs of the commission;
167.11 	(6) a delegate shall vote in person or by such other means as provided in the bylaws. 
167.12 	The bylaws may provide for delegates' participation in meetings by telephone or other means 
167.13 	of communication;
167.14 	(7) the commission shall meet at least once during each calendar year. Additional 
167.15 	meetings shall be held as set forth in the bylaws; and
167.16 	(8) the commission shall by rule establish a term of office for delegates and may by rule 
167.17 	establish term limits.
167.18 	(c) The commission shall have the following powers and duties:
167.19 	(1) establish the fiscal year of the commission;
167.20 	(2) establish bylaws;
167.21 	(3) maintain its financial records in accordance with the bylaws;
167.22 	(4) meet and take such actions as are consistent with the provisions of this compact and 
167.23 	the bylaws;
167.24 	(5) promulgate rules which shall be binding to the extent and in the manner provided 
167.25 	for in the compact;
167.26 	(6) bring and prosecute legal proceedings or actions in the name of the commission, 
167.27 	provided that the standing of any state licensing board to sue or be sued under applicable 
167.28 	law shall not be affected;
167.29 	(7) purchase and maintain insurance and bonds;
167.30 	(8) borrow, accept, or contract for services of personnel, including but not limited to 
167.31 	employees of a member state;
168.1 	(9) hire employees, elect or appoint officers, fix compensation, define duties, grant such 
168.2 	individuals appropriate authority to carry out the purposes of the compact, and establish the 
168.3 	commission's personnel policies and programs relating to conflicts of interest, qualifications 
168.4 	of personnel, and other related personnel matters;
168.5 	(10) accept any and all appropriate donations and grants of money, equipment, supplies, 
168.6 	materials, and services and to receive, utilize, and dispose of the same; provided that at all 
168.7 	times the commission shall avoid any appearance of impropriety and conflict of interest;
168.8 	(11) lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, 
168.9 	improve, or use any property, real, personal, or mixed; provided that at all times the 
168.10 	commission shall avoid any appearance of impropriety;
168.11 	(12) sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of 
168.12 	any property real, personal, or mixed;
168.13 	(13) establish a budget and make expenditures;
168.14 	(14) borrow money;
168.15 	(15) appoint committees, including standing committees composed of members, state 
168.16 	regulators, state legislators or their representatives, and consumer representatives, and such 
168.17 	other interested persons as may be designated in this compact and the bylaws;
168.18 	(16) provide and receive information from, and cooperate with, law enforcement agencies;
168.19 	(17) establish and elect an executive committee; and
168.20 	(18) perform such other functions as may be necessary or appropriate to achieve the 
168.21 	purposes of this compact consistent with the state regulation of professional counseling 
168.22 	licensure and practice.
168.23 	(d) The executive committee:
168.24 	(1) the executive committee shall have the power to act on behalf of the commission 
168.25 	according to the terms of this compact;
168.26 	(2) the executive committee shall be composed of up to eleven members:
168.27 	(i) seven voting members who are elected by the commission from the current 
168.28 	membership of the commission;
168.29 	(ii) up to four ex-officio, nonvoting members from four recognized national professional 
168.30 	counselor organizations; and
168.31 	(iii) the ex-officio members will be selected by their respective organizations;
169.1 	(3) the commission may remove any member of the executive committee as provided 
169.2 	in the bylaws;
169.3 	(4) the executive committee shall meet at least annually; and
169.4 	(5) the executive committee shall have the following duties and responsibilities:
169.5 	(i) recommend to the entire commission changes to the rules or bylaws, changes to this 
169.6 	compact legislation, fees paid by compact member states such as annual dues, and any 
169.7 	commission compact fee charged to licensees for the privilege to practice;
169.8 	(ii) ensure compact administration services are appropriately provided, contractual or 
169.9 	otherwise;
169.10 	(iii) prepare and recommend the budget;
169.11 	(iv) maintain financial records on behalf of the commission;
169.12 	(v) monitor compact compliance of member states and provide compliance reports to 
169.13 	the commission;
169.14 	(vi) establish additional committees as necessary; and
169.15 	(vii) other duties as provided in rules or bylaws.
169.16 	(e) Meetings of the commission:
169.17 	(1) all meetings shall be open to the public, and public notice of meetings shall be given 
169.18 	in the same manner as required under the rulemaking provisions in article XI;
169.19 	(2) the commission or the executive committee or other committees of the commission 
169.20 	may convene in a closed, non-public meeting if the commission or executive committee or 
169.21 	other committees of the commission must discuss:
169.22 	(i) non-compliance of a member state with its obligations under the compact;
169.23 	(ii) the employment, compensation, discipline, or other matters, practices, or procedures 
169.24 	related to specific employees or other matters related to the commission's internal personnel 
169.25 	practices and procedures;
169.26 	(iii) current, threatened, or reasonably anticipated litigation;
169.27 	(iv) negotiation of contracts for the purchase, lease, or sale of goods, services, or real 
169.28 	estate;
169.29 	(v) accusing any person of a crime or formally censuring any person;
170.1 	(vi) disclosure of trade secrets or commercial or financial information that is privileged 
170.2 	or confidential;
170.3 	(vii) disclosure of information of a personal nature where disclosure would constitute a 
170.4 	clearly unwarranted invasion of personal privacy;
170.5 	(viii) disclosure of investigative records compiled for law enforcement purposes;
170.6 	(ix) disclosure of information related to any investigative reports prepared by or on 
170.7 	behalf of or for use of the commission or other committee charged with responsibility of 
170.8 	investigation or determination of compliance issues pursuant to the compact; or
170.9 	(x) matters specifically exempted from disclosure by federal or member state statute;
170.10 	(3) if a meeting, or portion of a meeting, is closed pursuant to this provision, the 
170.11 	commission's legal counsel or designee shall certify that the meeting may be closed and 
170.12 	shall reference each relevant exempting provision; and
170.13 	(4) the commission shall keep minutes that fully and clearly describe all matters discussed 
170.14 	in a meeting and shall provide a full and accurate summary of actions taken and the reasons 
170.15 	therefore, including a description of the views expressed. All documents considered in 
170.16 	connection with an action shall be identified in such minutes. All minutes and documents 
170.17 	of a closed meeting shall remain under seal, subject to release by a majority vote of the 
170.18 	commission or order of a court of competent jurisdiction.
170.19 	(f) Financing of the commission:
170.20 	(i) the commission shall pay, or provide for the payment of, the reasonable expenses of 
170.21 	its establishment, organization, and ongoing activities;
170.22 	(ii) the commission may accept any and all appropriate revenue sources, donations, and 
170.23 	grants of money, equipment, supplies, materials, and services;
170.24 	(iii) the commission may levy on and collect an annual assessment from each member 
170.25 	state or impose fees on other parties to cover the cost of the operations and activities of the 
170.26 	commission and its staff, which must be in a total amount sufficient to cover its annual 
170.27 	budget as approved each year for which revenue is not provided by other sources. The 
170.28 	aggregate annual assessment amount shall be allocated based upon a formula to be determined 
170.29 	by the commission, which shall promulgate a rule binding upon all member states;
170.30 	(iv) the commission shall not incur obligations of any kind prior to securing the funds 
170.31 	adequate to meet the same; nor shall the commission pledge the credit of any of the member 
170.32 	states, except by and with the authority of the member state; and
171.1 	(v) the commission shall keep accurate accounts of all receipts and disbursements. The 
171.2 	receipts and disbursements of the commission shall be subject to the audit and accounting 
171.3 	procedures established under its bylaws. However, all receipts and disbursements of funds 
171.4 	handled by the commission shall be audited yearly by a certified or licensed public 
171.5 	accountant, and the report of the audit shall be included in and become part of the annual 
171.6 	report of the commission.
171.7 	(g) Qualified immunity, defense, and indemnification:
171.8 	(1) the members, officers, executive director, employees, and representatives of the 
171.9 	commission shall be immune from suit and liability, either personally or in their official 
171.10 	capacity, for any claim for damage to or loss of property or personal injury or other civil 
171.11 	liability caused by or arising out of any actual or alleged act, error, or omission that occurred, 
171.12 	or that the person against whom the claim is made had a reasonable basis for believing 
171.13 	occurred within the scope of commission employment, duties, or responsibilities; provided 
171.14 	that nothing in this paragraph shall be construed to protect any such person from suit or 
171.15 	liability for any damage, loss, injury, or liability caused by the intentional or willful or 
171.16 	wanton misconduct of that person;
171.17 	(2) the commission shall defend any member, officer, executive director, employee, or 
171.18 	representative of the commission in any civil action seeking to impose liability arising out 
171.19 	of any actual or alleged act, error, or omission that occurred within the scope of commission 
171.20 	employment, duties, or responsibilities, or that the person against whom the claim is made 
171.21 	had a reasonable basis for believing occurred within the scope of commission employment, 
171.22 	duties, or responsibilities; provided that nothing herein shall be construed to prohibit that 
171.23 	person from retaining his or her own counsel; and provided further, that the actual or alleged 
171.24 	act, error, or omission did not result from that person's intentional or willful or wanton 
171.25 	misconduct; and
171.26 	(3) the commission shall indemnify and hold harmless any member, officer, executive 
171.27 	director, employee, or representative of the commission for the amount of any settlement 
171.28 	or judgment obtained against that person arising out of any actual or alleged act, error, or 
171.29 	omission that occurred within the scope of commission employment, duties, or 
171.30 	responsibilities, or that such person had a reasonable basis for believing occurred within 
171.31 	the scope of commission employment, duties, or responsibilities, provided that the actual 
171.32 	or alleged act, error, or omission did not result from the intentional or willful or wanton 
171.33 	misconduct of that person.
172.1 	(h) Notwithstanding paragraph (g), clause (1), the liability of the executive director, 
172.2 	employees, or representatives of the interstate commission, acting within the scope of their 
172.3 	employment or duties, may not exceed the limits of liability set forth under the constitution 
172.4 	and laws of this state for state officials, employees, and agents. This paragraph expressly 
172.5 	incorporates  section 3.736, and neither expands nor limits the rights and remedies provided 
172.6 	under that statute.
172.7 	(i) Except for a claim alleging a violation of this compact, a claim against the commission, 
172.8 	its executive director, employees, or representatives alleging a violation of the constitution 
172.9 	and laws of this state may be brought in any county where the plaintiff resides. Nothing in 
172.10 	this paragraph creates a private right of action.
172.11 	(j) Nothing in this compact shall be construed as a limitation on the liability of any 
172.12 	licensee for professional malpractice or misconduct, which shall be governed solely by any 
172.13 	other applicable state laws.
172.14 	ARTICLE X
172.15 	DATA SYSTEM
172.16 	(a) The commission shall provide for the development, maintenance, operation, and 
172.17 	utilization of a coordinated database and reporting system containing licensure, adverse 
172.18 	action, and investigative information on all licensed individuals in member states.
172.19 	(b) Notwithstanding any other provision of state law to the contrary, a member state 
172.20 	shall submit a uniform data set to the data system on all individuals to whom this compact 
172.21 	is applicable as required by the rules of the commission, including:
172.22 	(1) identifying information;
172.23 	(2) licensure data;
172.24 	(3) adverse actions against a license or privilege to practice;
172.25 	(4) nonconfidential information related to alternative program participation;
172.26 	(5) any denial of application for licensure and the reason for such denial;
172.27 	(6) current significant investigative information; and
172.28 	(7) other information that may facilitate the administration of this compact, as determined 
172.29 	by the rules of the commission.
172.30 	(c) Investigative information pertaining to a licensee in any member state will only be 
172.31 	available to other member states.
173.1 	(d) The commission shall promptly notify all member states of any adverse action taken 
173.2 	against a licensee or an individual applying for a license. Adverse action information 
173.3 	pertaining to a licensee in any member state will be available to any other member state.
173.4 	(e) Member states contributing information to the data system may designate information 
173.5 	that may not be shared with the public without the express permission of the contributing 
173.6 	state.
173.7 	(f) Any information submitted to the data system that is subsequently required to be 
173.8 	expunged by the laws of the member state contributing the information shall be removed 
173.9 	from the data system.
173.10 	ARTICLE XI
173.11 	RULEMAKING
173.12 	(a) The commission shall promulgate reasonable rules in order to effectively and 
173.13 	efficiently achieve the purpose of the compact. Notwithstanding the foregoing, in the event 
173.14 	the commission exercises its rulemaking authority in a manner that is beyond the scope of 
173.15 	the purposes of the compact, or the powers granted hereunder, then such an action by the 
173.16 	commission shall be invalid and have no force or effect.
173.17 	(b) The commission shall exercise its rulemaking powers pursuant to the criteria set 
173.18 	forth in this article and the rules adopted thereunder. Rules and amendments shall become 
173.19 	binding as of the date specified in each rule or amendment.
173.20 	(c) If a majority of the legislatures of the member states rejects a rule, by enactment of 
173.21 	a statute or resolution in the same manner used to adopt the compact within four years of 
173.22 	the date of adoption of the rule, then such rule shall have no further force and effect in any 
173.23 	member state.
173.24 	(d) Rules or amendments to the rules shall be adopted at a regular or special meeting of 
173.25 	the commission.
173.26 	(e) Prior to promulgation and adoption of a final rule or rules by the commission, and 
173.27 	at least thirty days in advance of the meeting at which the rule will be considered and voted 
173.28 	upon, the commission shall file a notice of proposed rulemaking:
173.29 	(1) on the website of the commission or other publicly accessible platform; and
173.30 	(2) on the website of each member state professional counseling licensing board or other 
173.31 	publicly accessible platform or the publication in which each state would otherwise publish 
173.32 	proposed rules.
174.1 	(f) The notice of proposed rulemaking shall include:
174.2 	(1) the proposed time, date, and location of the meeting in which the rule will be 
174.3 	considered and voted upon;
174.4 	(2) the text of the proposed rule or amendment and the reason for the proposed rule;
174.5 	(3) a request for comments on the proposed rule from any interested person; and
174.6 	(4) the manner in which interested persons may submit notice to the commission of their 
174.7 	intention to attend the public hearing and any written comments.
174.8 	(g) Prior to adoption of a proposed rule, the commission shall allow persons to submit 
174.9 	written data, facts, opinions, and arguments, which shall be made available to the public.
174.10 	(h) The commission shall grant an opportunity for a public hearing before it adopts a 
174.11 	rule or amendment if a hearing is requested by:
174.12 	(1) at least 25 persons;
174.13 	(2) a state or federal governmental subdivision or agency; or
174.14 	(3) an association having at least 25 members.
174.15 	(i) If a hearing is held on the proposed rule or amendment, the commission shall publish 
174.16 	the place, time, and date of the scheduled public hearing. If the hearing is held via electronic 
174.17 	means, the commission shall publish the mechanism for access to the electronic hearing:
174.18 	(1) all persons wishing to be heard at the hearing shall notify the executive director of 
174.19 	the commission or other designated member in writing of their desire to appear and testify 
174.20 	at the hearing not less than five business days before the scheduled date of the hearing;
174.21 	(2) hearings shall be conducted in a manner providing each person who wishes to 
174.22 	comment a fair and reasonable opportunity to comment orally or in writing;
174.23 	(3) all hearings will be recorded. A copy of the recording will be made available on 
174.24 	request; and
174.25 	(4) nothing in this article shall be construed as requiring a separate hearing on each rule. 
174.26 	Rules may be grouped for the convenience of the commission at hearings required by this 
174.27 	article.
174.28 	(j) Following the scheduled hearing date, or by the close of business on the scheduled 
174.29 	hearing date if the hearing was not held, the commission shall consider all written and oral 
174.30 	comments received.
175.1 	(k) If no written notice of intent to attend the public hearing by interested parties is 
175.2 	received, the commission may proceed with promulgation of the proposed rule without a 
175.3 	public hearing.
175.4 	(l) The commission shall, by majority vote of all members, take final action on the 
175.5 	proposed rule and shall determine the effective date of the rule, if any, based on the 
175.6 	rulemaking record and the full text of the rule.
175.7 	(m) Upon determination that an emergency exists, the commission may consider and 
175.8 	adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided 
175.9 	that the usual rulemaking procedures provided in the compact and in this article shall be 
175.10 	retroactively applied to the rule as soon as reasonably possible, in no event later than 90 
175.11 	days after the effective date of the rule. For the purposes of this provision, an emergency 
175.12 	rule is one that must be adopted immediately in order to:
175.13 	(1) meet an imminent threat to public health, safety, or welfare;
175.14 	(2) prevent a loss of commission or member state funds;
175.15 	(3) meet a deadline for the promulgation of an administrative rule that is established by 
175.16 	federal law or rule; or
175.17 	(4) protect public health and safety.
175.18 	(n) The commission or an authorized committee of the commission may direct revisions 
175.19 	to a previously adopted rule or amendment for purposes of correcting typographical errors, 
175.20 	errors in format, errors in consistency, or grammatical errors. Public notice of any revisions 
175.21 	shall be posted on the website of the commission. The revision shall be subject to challenge 
175.22 	by any person for a period of thirty days after posting. The revision may be challenged only 
175.23 	on grounds that the revision results in a material change to a rule. A challenge shall be made 
175.24 	in writing and delivered to the chair of the commission prior to the end of the notice period. 
175.25 	If no challenge is made, the revision will take effect without further action. If the revision 
175.26 	is challenged, the revision may not take effect without the approval of the commission.
175.27 	ARTICLE XII
175.28 	OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
175.29 	(a) Oversight:
175.30 	(1) the executive, legislative, and judicial branches of state government in each member 
175.31 	state shall enforce this compact and take all actions necessary and appropriate to effectuate 
176.1 	the compact's purposes and intent. The provisions of this compact and the rules promulgated 
176.2 	hereunder shall have standing as statutory law;
176.3 	(2) all courts shall take judicial notice of the compact and the rules in any judicial or 
176.4 	administrative proceeding in a member state pertaining to the subject matter of this compact 
176.5 	which may affect the powers, responsibilities, or actions of the commission; and
176.6 	(3) the commission shall be entitled to receive service of process in any such proceeding 
176.7 	and shall have standing to intervene in such a proceeding for all purposes. Failure to provide 
176.8 	service of process to the commission shall render a judgment or order void as to the 
176.9 	commission, this compact, or promulgated rules.
176.10 	(b) Default, technical assistance, and termination:
176.11 	(1) if the commission determines that a member state has defaulted in the performance 
176.12 	of its obligations or responsibilities under this compact or the promulgated rules, the 
176.13 	commission shall:
176.14 	(i) provide written notice to the defaulting state and other member states of the nature 
176.15 	of the default, the proposed means of curing the default, or any other action to be taken by 
176.16 	the commission; and
176.17 	(ii) provide remedial training and specific technical assistance regarding the default.
176.18 	(c) If a state in default fails to cure the default, the defaulting state may be terminated 
176.19 	from the compact upon an affirmative vote of a majority of the member states, and all rights, 
176.20 	privileges, and benefits conferred by this compact may be terminated on the effective date 
176.21 	of termination. A cure of the default does not relieve the offending state of obligations or 
176.22 	liabilities incurred during the period of default.
176.23 	(d) Termination of membership in the compact shall be imposed only after all other 
176.24 	means of securing compliance have been exhausted. Notice of intent to suspend or terminate 
176.25 	shall be given by the commission to the governor, the majority and minority leaders of the 
176.26 	defaulting state's legislature, and each of the member states.
176.27 	(e) A state that has been terminated is responsible for all assessments, obligations, and 
176.28 	liabilities incurred through the effective date of termination, including obligations that 
176.29 	extend beyond the effective date of termination.
176.30 	(f) The commission shall not bear any costs related to a state that is found to be in default 
176.31 	or that has been terminated from the compact, unless agreed upon in writing between the 
176.32 	commission and the defaulting state.
177.1 	(g) The defaulting state may appeal the action of the commission by petitioning the 
177.2 	United States District Court for the District of Columbia or the federal district where the 
177.3 	commission has its principal offices. The prevailing member shall be awarded all costs of 
177.4 	such litigation, including reasonable attorney fees.
177.5 	(h) Dispute resolution:
177.6 	(1) upon request by a member state, the commission shall attempt to resolve disputes 
177.7 	related to the compact that arise among member states and between member and nonmember 
177.8 	states; and
177.9 	(2) the commission shall promulgate a rule providing for both mediation and binding 
177.10 	dispute resolution for disputes as appropriate.
177.11 	(i) Enforcement:
177.12 	(1) the commission, in the reasonable exercise of its discretion, shall enforce the 
177.13 	provisions and rules of this compact;
177.14 	(2) by majority vote, the commission may initiate legal action in the United States District 
177.15 	Court for the District of Columbia or the federal district where the commission has its 
177.16 	principal offices against a member state in default to enforce compliance with the provisions 
177.17 	of the compact and its promulgated rules and bylaws. The relief sought may include both 
177.18 	injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing 
177.19 	member shall be awarded all costs of such litigation, including reasonable attorney fees; 
177.20 	and
177.21 	(3) the remedies herein shall not be the exclusive remedies of the commission. The 
177.22 	commission may pursue any other remedies available under federal or state law.
177.23 	ARTICLE XIII
177.24 	DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION 
177.25 	AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
177.26 	(a) The compact shall come into effect on the date on which the compact statute is 
177.27 	enacted into law in the tenth member state. The provisions, which become effective at that 
177.28 	time, shall be limited to the powers granted to the commission relating to assembly and the 
177.29 	promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking 
177.30 	powers necessary to the implementation and administration of the compact.
177.31 	(b) Any state that joins the compact subsequent to the commission's initial adoption of 
177.32 	the rules shall be subject to the rules as they exist on the date on which the compact becomes 
178.1 	law in that state. Any rule that has been previously adopted by the commission shall have 
178.2 	the full force and effect of law on the day the compact becomes law in that state.
178.3 	(c) Any member state may withdraw from this compact by enacting a statute repealing 
178.4 	the same.
178.5 	(1) a member state's withdrawal shall not take effect until six months after enactment 
178.6 	of the repealing statute; and
178.7 	(2) withdrawal shall not affect the continuing requirement of the withdrawing state's 
178.8 	professional counseling licensing board to comply with the investigative and adverse action 
178.9 	reporting requirements of this compact prior to the effective date of withdrawal.
178.10 	(d) Nothing contained in this compact shall be construed to invalidate or prevent any 
178.11 	professional counseling licensure agreement or other cooperative arrangement between a 
178.12 	member state and a nonmember state that does not conflict with the provisions of this 
178.13 	compact.
178.14 	(e) This compact may be amended by the member states. No amendment to this compact 
178.15 	shall become effective and binding upon any member state until it is enacted into the laws 
178.16 	of all member states.
178.17 	ARTICLE XIV
178.18 	CONSTRUCTION AND SEVERABILITY
178.19 	This compact shall be liberally construed so as to effectuate the purposes thereof. The 
178.20 	provisions of this compact shall be severable and if any phrase, clause, sentence, or provision 
178.21 	of this compact is declared to be contrary to the constitution of any member state or of the 
178.22 	United States or the applicability thereof to any government, agency, person, or circumstance 
178.23 	is held invalid, the validity of the remainder of this compact and the applicability thereof 
178.24 	to any government, agency, person, or circumstance shall not be affected thereby. If this 
178.25 	compact shall be held contrary to the constitution of any member state, the compact shall 
178.26 	remain in full force and effect as to the remaining member states and in full force and effect 
178.27 	as to the member state affected as to all severable matters.
178.28 	ARTICLE XV
178.29 	BINDING EFFECT OF COMPACT AND OTHER LAWS
178.30 	(a) A licensee providing professional counseling services in a remote state under the 
178.31 	privilege to practice shall adhere to the laws and regulations, including scope of practice, 
178.32 	of the remote state.
179.1 	(b) Nothing herein prevents the enforcement of any other law of a member state that is 
179.2 	not inconsistent with the compact.
179.3 	(c) Any laws in a member state in conflict with the compact are superseded to the extent 
179.4 	of the conflict.
179.5 	(d) Any lawful actions of the commission, including all rules and bylaws properly 
179.6 	promulgated by the commission, are binding upon the member states.
179.7 	(e) All permissible agreements between the commission and the member states are 
179.8 	binding in accordance with their terms.
179.9 	(f) In the event any provision of the compact exceeds the constitutional limits imposed 
179.10 	on the legislature of any member state, the provision shall be ineffective to the extent of the 
179.11 	conflict with the constitutional provision in question in that member state.

179.12 	ARTICLE 18
179.13 	AUDIOLOGIST AND SPEECH-LANGUAGE PATHOLOGISTS

179.14 	Section 1. [148.5185] AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY 
179.15 	INTERSTATE COMPACT.
179.16 	The Audiology and Speech-Language Pathology Interstate Compact is enacted into law 
179.17 	and entered into with all other jurisdictions legally joining in it in the form substantially 
179.18 	specified in this section.
179.19 	ARTICLE I
179.20 	DEFINITIONS
179.21 	As used in this compact, and except as otherwise provided, the following definitions 
179.22 	shall apply:
179.23 	(A) "Active duty military" means full-time duty status in the active uniformed service 
179.24 	of the United States, including members of the National Guard and Reserve on active duty 
179.25 	orders pursuant to United States Code, title 10, sections 1209 and 1211.
179.26 	(B) "Adverse action" means any administrative, civil, equitable, or criminal action 
179.27 	permitted by a state's laws which is imposed by a licensing board or other authority against 
179.28 	an audiologist or speech-language pathologist, including actions against an individual's 
179.29 	license or privilege to practice such as revocation, suspension, probation, monitoring of the 
179.30 	licensee, or restriction on the licensee's practice.
180.1 	(C) "Alternative program" means a non-disciplinary monitoring process approved by 
180.2 	an audiology or speech-language pathology licensing board to address impaired practitioners.
180.3 	(D) "Audiologist" means an individual who is licensed by a state to practice audiology.
180.4 	(E) "Audiology" means the care and services provided by a licensed audiologist as set 
180.5 	forth in the member state's statutes and rules.
180.6 	(F) "Audiology and Speech-Language Pathology Compact Commission" or "commission" 
180.7 	means the national administrative body whose membership consists of all states that have 
180.8 	enacted the compact.
180.9 	(G) "Audiology and speech-language pathology licensing board," "audiology licensing 
180.10 	board," "speech-language pathology licensing board," or "licensing board" means the agency 
180.11 	of a state that is responsible for the licensing and regulation of audiologists or 
180.12 	speech-language pathologists or both.
180.13 	(H) "Compact privilege" means the authorization granted by a remote state to allow a 
180.14 	licensee from another member state to practice as an audiologist or speech-language 
180.15 	pathologist in the remote state under its laws and rules. The practice of audiology or 
180.16 	speech-language pathology occurs in the member state where the patient, client, or student 
180.17 	is located at the time of the patient, client, or student encounter.
180.18 	(I) "Current significant investigative information" means investigative information that 
180.19 	a licensing board, after an inquiry or investigation that includes notification and an 
180.20 	opportunity for the audiologist or speech-language pathologist to respond, if required by 
180.21 	state law, has reason to believe is not groundless and, if proved true, would indicate more 
180.22 	than a minor infraction.
180.23 	(J) "Data system" means a repository of information about licensees, including but not 
180.24 	limited to continuing education, examination, licensure, investigation, compact privilege, 
180.25 	and adverse action.
180.26 	(K) "Encumbered license" means a license in which an adverse action restricts the 
180.27 	practice of audiology or speech-language pathology by the licensee and said adverse action 
180.28 	has been reported to the National Practitioners Data Bank (NPDB).
180.29 	(L) "Executive committee" means a group of directors elected or appointed to act on 
180.30 	behalf of, and within the powers granted to them by, the commission.
180.31 	(M) "Home state" means the member state that is the licensee's primary state of residence.
181.1 	(N) "Impaired practitioner" means individuals whose professional practice is adversely 
181.2 	affected by substance abuse, addiction, or other health-related conditions.
181.3 	(O) "Licensee" means an individual who currently holds an authorization from the state 
181.4 	licensing board to practice as an audiologist or speech-language pathologist.
181.5 	(P) "Member state" means a state that has enacted the compact.
181.6 	(Q) "Privilege to practice" means a legal authorization permitting the practice of audiology 
181.7 	or speech-language pathology in a remote state.
181.8 	(R) "Remote state" means a member state other than the home state where a licensee is 
181.9 	exercising or seeking to exercise the compact privilege.
181.10 	(S) "Rule" means a regulation, principle, or directive promulgated by the commission 
181.11 	that has the force of law.
181.12 	(T) "Single-state license" means an audiology or speech-language pathology license 
181.13 	issued by a member state that authorizes practice only within the issuing state and does not 
181.14 	include a privilege to practice in any other member state.
181.15 	(U) "Speech-language pathologist" means an individual who is licensed by a state to 
181.16 	practice speech-language pathology.
181.17 	(V) "Speech-language pathology" means the care and services provided by a licensed 
181.18 	speech-language pathologist as set forth in the member state's statutes and rules.
181.19 	(W) "State" means any state, commonwealth, district, or territory of the United States 
181.20 	of America that regulates the practice of audiology and speech-language pathology.
181.21 	(X) "State practice laws" means a member state's laws, rules, and regulations that govern 
181.22 	the practice of audiology or speech-language pathology, define the scope of audiology or 
181.23 	speech-language pathology practice, and create the methods and grounds for imposing 
181.24 	discipline.
181.25 	(Y) "Telehealth" means the application of telecommunication technology to deliver 
181.26 	audiology or speech-language pathology services at a distance for assessment, intervention, 
181.27 	or consultation.
181.28 	ARTICLE II
181.29 	STATE PARTICIPATION IN THE COMPACT
181.30 	(A) A license issued to an audiologist or speech-language pathologist by a home state 
181.31 	to a resident in that state shall be recognized by each member state as authorizing an 
182.1 	audiologist or speech-language pathologist to practice audiology or speech-language 
182.2 	pathology, under a privilege to practice, in each member state.
182.3 	(B) A state must implement or utilize procedures for considering the criminal history 
182.4 	records of applicants for initial privilege to practice. These procedures shall include the 
182.5 	submission of fingerprints or other biometric-based information by applicants for the purpose 
182.6 	of obtaining an applicant's criminal history record information from the Federal Bureau of 
182.7 	Investigation and the agency responsible for retaining that state's criminal records.
182.8 	(1) A member state must fully implement a criminal background check requirement, 
182.9 	within a time frame established by rule, by receiving the results of the Federal Bureau of 
182.10 	Investigation record search on criminal background checks and use the results in making 
182.11 	licensure decisions.
182.12 	(2) Communication between a member state and the commission and among member 
182.13 	states regarding the verification of eligibility for licensure through the compact shall not 
182.14 	include any information received from the Federal Bureau of Investigation relating to a 
182.15 	federal criminal records check performed by a member state under Public Law 92-544.
182.16 	(C) Upon application for a privilege to practice, the licensing board in the issuing remote 
182.17 	state shall ascertain, through the data system, whether the applicant has ever held, or is the 
182.18 	holder of, a license issued by any other state, whether there are any encumbrances on any 
182.19 	license or privilege to practice held by the applicant, and whether any adverse action has 
182.20 	been taken against any license or privilege to practice held by the applicant.
182.21 	(D) Each member state shall require an applicant to obtain or retain a license in the home 
182.22 	state and meet the home state's qualifications for licensure or renewal of licensure, as well 
182.23 	as all other applicable state laws.
182.24 	(E) An audiologist must:
182.25 	(1) meet one of the following educational requirements:
182.26 	(i) on or before December 31, 2007, have graduated with a master's degree or doctoral 
182.27 	degree in audiology, or equivalent degree regardless of degree name, from a program that 
182.28 	is accredited by an accrediting agency recognized by the Council for Higher Education 
182.29 	Accreditation, or its successor, or by the United States Department of Education and operated 
182.30 	by a college or university accredited by a regional or national accrediting organization 
182.31 	recognized by the board; or
182.32 	(ii) on or after January 1, 2008, have graduated with a doctoral degree in audiology, or 
182.33 	equivalent degree regardless of degree name, from a program that is accredited by an 
183.1 	accrediting agency recognized by the Council for Higher Education Accreditation, or its 
183.2 	successor, or by the United States Department of Education and operated by a college or 
183.3 	university accredited by a regional or national accrediting organization recognized by the 
183.4 	board; or
183.5 	(iii) have graduated from an audiology program that is housed in an institution of higher 
183.6 	education outside of the United States (a) for which the program and institution have been 
183.7 	approved by the authorized accrediting body in the applicable country and (b) the degree 
183.8 	program has been verified by an independent credentials review agency to be comparable 
183.9 	to a state licensing board-approved program;
183.10 	(2) have completed a supervised clinical practicum experience from an accredited 
183.11 	educational institution or its cooperating programs as required by the board;
183.12 	(3) have successfully passed a national examination approved by the commission;
183.13 	(4) hold an active, unencumbered license;
183.14 	(5) not have been convicted or found guilty, and not have entered into an agreed 
183.15 	disposition, of a felony related to the practice of audiology, under applicable state or federal 
183.16 	criminal law; and
183.17 	(6) have a valid United States Social Security or National Practitioner Identification 
183.18 	number.
183.19 	(F) A speech-language pathologist must:
183.20 	(1) meet one of the following educational requirements:
183.21 	(i) have graduated with a master's degree from a speech-language pathology program 
183.22 	that is accredited by an organization recognized by the United States Department of Education 
183.23 	and operated by a college or university accredited by a regional or national accrediting 
183.24 	organization recognized by the board; or
183.25 	(ii) have graduated from a speech-language pathology program that is housed in an 
183.26 	institution of higher education outside of the United States (a) for which the program and 
183.27 	institution have been approved by the authorized accrediting body in the applicable country 
183.28 	and (b) the degree program has been verified by an independent credentials review agency 
183.29 	to be comparable to a state licensing board-approved program;
183.30 	(2) have completed a supervised clinical practicum experience from an educational 
183.31 	institution or its cooperating programs as required by the commission;
184.1 	(3) have completed a supervised postgraduate professional experience as required by 
184.2 	the commission;
184.3 	(4) have successfully passed a national examination approved by the commission;
184.4 	(5) hold an active, unencumbered license;
184.5 	(6) not have been convicted or found guilty, and not have entered into an agreed 
184.6 	disposition, of a felony related to the practice of speech-language pathology, under applicable 
184.7 	state or federal criminal law; and
184.8 	(7) have a valid United States Social Security or National Practitioner Identification 
184.9 	number.
184.10 	(G) The privilege to practice is derived from the home state license.
184.11 	(H) An audiologist or speech-language pathologist practicing in a member state must 
184.12 	comply with the state practice laws of the state in which the client is located at the time 
184.13 	service is provided. The practice of audiology and speech-language pathology shall include 
184.14 	all audiology and speech-language pathology practice as defined by the state practice laws 
184.15 	of the member state in which the client is located. The practice of audiology and 
184.16 	speech-language pathology in a member state under a privilege to practice shall subject an 
184.17 	audiologist or speech-language pathologist to the jurisdiction of the licensing board, the 
184.18 	courts and the laws of the member state in which the client is located at the time service is 
184.19 	provided.
184.20 	(I) Individuals not residing in a member state shall continue to be able to apply for a 
184.21 	member state's single-state license as provided under the laws of each member state. 
184.22 	However, the single-state license granted to these individuals shall not be recognized as 
184.23 	granting the privilege to practice audiology or speech-language pathology in any other 
184.24 	member state. Nothing in this compact shall affect the requirements established by a member 
184.25 	state for the issuance of a single-state license.
184.26 	(J) Member states may charge a fee for granting a compact privilege.
184.27 	(K) Member states must comply with the bylaws and rules and regulations of the 
184.28 	commission.
184.29 	ARTICLE III
184.30 	COMPACT PRIVILEGE
184.31 	(A) To exercise the compact privilege under the terms and provisions of the compact, 
184.32 	the audiologist or speech-language pathologist shall:
185.1 	(1) hold an active license in the home state;
185.2 	(2) have no encumbrance on any state license;
185.3 	(3) be eligible for a compact privilege in any member state in accordance with Article 
185.4 	II;
185.5 	(4) have not had any adverse action against any license or compact privilege within the 
185.6 	previous two years from date of application;
185.7 	(5) notify the commission that the licensee is seeking the compact privilege within a 
185.8 	remote state or states;
185.9 	(6) pay any applicable fees, including any state fee, for the compact privilege; and
185.10 	(7) report to the commission adverse action taken by any nonmember state within 30 
185.11 	days from the date the adverse action is taken.
185.12 	(B) For the purposes of the compact privilege, an audiologist or speech-language 
185.13 	pathologist shall only hold one home state license at a time.
185.14 	(C) Except as provided in Article V, if an audiologist or speech-language pathologist 
185.15 	changes primary state of residence by moving between two member states, the audiologist 
185.16 	or speech-language pathologist must apply for licensure in the new home state, and the 
185.17 	license issued by the prior home state shall be deactivated in accordance with applicable 
185.18 	rules adopted by the commission.
185.19 	(D) The audiologist or speech-language pathologist may apply for licensure in advance 
185.20 	of a change in primary state of residence.
185.21 	(E) A license shall not be issued by the new home state until the audiologist or 
185.22 	speech-language pathologist provides satisfactory evidence of a change in primary state of 
185.23 	residence to the new home state and satisfies all applicable requirements to obtain a license 
185.24 	from the new home state.
185.25 	(F) If an audiologist or speech-language pathologist changes primary state of residence 
185.26 	by moving from a member state to a nonmember state, the license issued by the prior home 
185.27 	state shall convert to a single-state license, valid only in the former home state.
185.28 	(G) The compact privilege is valid until the expiration date of the home state license. 
185.29 	The licensee must comply with the requirements of Article III, (A), to maintain the compact 
185.30 	privilege in the remote state.
186.1 	(H) A licensee providing audiology or speech-language pathology services in a remote 
186.2 	state under the compact privilege shall function within the laws and regulations of the remote 
186.3 	state.
186.4 	(I) A licensee providing audiology or speech-language pathology services in a remote 
186.5 	state is subject to that state's regulatory authority. A remote state may, in accordance with 
186.6 	due process and that state's laws, remove a licensee's compact privilege in the remote state 
186.7 	for a specific period of time, impose fines, or take any other necessary actions to protect 
186.8 	the health and safety of its citizens.
186.9 	(J) If a home state license is encumbered, the licensee shall lose the compact privilege 
186.10 	in any remote state until the following occur:
186.11 	(1) the home state license is no longer encumbered; and
186.12 	(2) two years have elapsed from the date of the adverse action.
186.13 	(K) Once an encumbered license in the home state is restored to good standing, the 
186.14 	licensee must meet the requirements of Article III, (A), to obtain a compact privilege in any 
186.15 	remote state.
186.16 	(L) Once the requirements of Article III, (J), have been met, the licensee must meet the 
186.17 	requirements in Article III, (A), to obtain a compact privilege in a remote state.
186.18 	ARTICLE IV
186.19 	COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
186.20 	Member states shall recognize the right of an audiologist or speech-language pathologist, 
186.21 	licensed by a home state in accordance with Article II and under rules promulgated by the 
186.22 	commission, to practice audiology or speech-language pathology in a member state via 
186.23 	telehealth under a privilege to practice as provided in the compact and rules promulgated 
186.24 	by the commission.
186.25 	ARTICLE V
186.26 	ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
186.27 	Active duty military personnel, or their spouse, shall designate a home state where the 
186.28 	individual has a current license in good standing. The individual may retain the home state 
186.29 	designation during the period the service member is on active duty. Subsequent to designating 
186.30 	a home state, the individual shall only change their home state through application for 
186.31 	licensure in the new state.
186.32 	ARTICLE VI
187.1 	ADVERSE ACTIONS
187.2 	(A) In addition to the other powers conferred by state law, a remote state shall have the 
187.3 	authority, in accordance with existing state due process law, to:
187.4 	(1) take adverse action against an audiologist's or speech-language pathologist's privilege 
187.5 	to practice within that member state; and
187.6 	(2) issue subpoenas for both hearings and investigations that require the attendance and 
187.7 	testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing 
187.8 	board in a member state for the attendance and testimony of witnesses or the production of 
187.9 	evidence from another member state shall be enforced in the latter state by any court of 
187.10 	competent jurisdiction, according to the practice and procedure of that court applicable to 
187.11 	subpoenas issued in proceedings pending before it. The issuing authority shall pay any 
187.12 	witness fees, travel expenses, mileage and other fees required by the service statutes of the 
187.13 	state in which the witnesses or evidence are located.
187.14 	(B) Only the home state shall have the power to take adverse action against an 
187.15 	audiologist's or speech-language pathologist's license issued by the home state.
187.16 	(C) For purposes of taking adverse action, the home state shall give the same priority 
187.17 	and effect to reported conduct received from a member state as it would if the conduct had 
187.18 	occurred within the home state. In so doing, the home state shall apply its own state laws 
187.19 	to determine appropriate action.
187.20 	(D) The home state shall complete any pending investigations of an audiologist or 
187.21 	speech-language pathologist who changes primary state of residence during the course of 
187.22 	the investigations. The home state shall also have the authority to take appropriate action 
187.23 	and shall promptly report the conclusions of the investigations to the administrator of the 
187.24 	data system. The administrator of the data system shall promptly notify the new home state 
187.25 	of any adverse actions.
187.26 	(E) If otherwise permitted by state law, the member state may recover from the affected 
187.27 	audiologist or speech-language pathologist the costs of investigations and disposition of 
187.28 	cases resulting from any adverse action taken against that audiologist or speech-language 
187.29 	pathologist.
187.30 	(F) The member state may take adverse action based on the factual findings of the remote 
187.31 	state, provided that the member state follows the member state's own procedures for taking 
187.32 	the adverse action.
187.33 	(G) Joint Investigations:
188.1 	(1) In addition to the authority granted to a member state by its respective audiology or 
188.2 	speech-language pathology practice act or other applicable state law, any member state may 
188.3 	participate with other member states in joint investigations of licensees.
188.4 	(2) Member states shall share any investigative, litigation, or compliance materials in 
188.5 	furtherance of any joint or individual investigation initiated under the Compact.
188.6 	(H) If adverse action is taken by the home state against an audiologist's or 
188.7 	speech-language pathologist's license, the audiologist's or speech-language pathologist's 
188.8 	privilege to practice in all other member states shall be deactivated until all encumbrances 
188.9 	have been removed from the state license. All home state disciplinary orders that impose 
188.10 	adverse action against an audiologist's or speech-language pathologist's license shall include 
188.11 	a statement that the audiologist's or speech-language pathologist's privilege to practice is 
188.12 	deactivated in all member states during the pendency of the order.
188.13 	(I) If a member state takes adverse action, it shall promptly notify the administrator of 
188.14 	the data system. The administrator of the data system shall promptly notify the home state 
188.15 	of any adverse actions by remote states.
188.16 	(J) Nothing in this compact shall override a member state's decision that participation 
188.17 	in an alternative program may be used in lieu of adverse action.
188.18 	ARTICLE VII
188.19 	ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY 
188.20 	COMPACT COMMISSION
188.21 	(A) The compact member states hereby create and establish a joint public agency known 
188.22 	as the Audiology and Speech-Language Pathology Compact Commission:
188.23 	(1) The commission is an instrumentality of the compact states.
188.24 	(2) Except as provided under paragraph (H), venue is proper and judicial proceedings 
188.25 	by or against the commission shall be brought solely and exclusively in a court of competent 
188.26 	jurisdiction where the principal office of the commission is located. The commission may 
188.27 	waive venue and jurisdictional defenses to the extent it adopts or consents to participate in 
188.28 	alternative dispute resolution proceedings.
188.29 	(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
188.30 	(B) Membership, Voting, and Meetings:
189.1 	(1) Each member state shall have two delegates selected by that member state's licensing 
189.2 	board. The delegates shall be current members of the licensing board. One shall be an 
189.3 	audiologist and one shall be a speech-language pathologist.
189.4 	(2) An additional five delegates, who are either a public member or board administrator 
189.5 	from a state licensing board, shall be chosen by the executive committee from a pool of 
189.6 	nominees provided by the commission at large.
189.7 	(3) Any delegate may be removed or suspended from office as provided by the law of 
189.8 	the state from which the delegate is appointed.
189.9 	(4) The member state board shall fill any vacancy occurring on the commission, within 
189.10 	90 days.
189.11 	(5) Each delegate shall be entitled to one vote with regard to the promulgation of rules 
189.12 	and creation of bylaws and shall otherwise have an opportunity to participate in the business 
189.13 	and affairs of the commission.
189.14 	(6) A delegate shall vote in person or by other means as provided in the bylaws. The 
189.15 	bylaws may provide for delegates' participation in meetings by telephone or other means 
189.16 	of communication.
189.17 	(7) The commission shall meet at least once during each calendar year. Additional 
189.18 	meetings shall be held as set forth in the bylaws.
189.19 	(C) The commission shall have the following powers and duties:
189.20 	(1) establish the fiscal year of the commission;
189.21 	(2) establish bylaws;
189.22 	(3) establish a code of ethics;
189.23 	(4) maintain its financial records in accordance with the bylaws;
189.24 	(5) meet and take actions as are consistent with the provisions of this compact and the 
189.25 	bylaws;
189.26 	(6) promulgate uniform rules to facilitate and coordinate implementation and 
189.27 	administration of this compact. The rules shall have the force and effect of law and shall 
189.28 	be binding in all member states;
189.29 	(7) bring and prosecute legal proceedings or actions in the name of the commission, 
189.30 	provided that the standing of any state audiology or speech-language pathology licensing 
189.31 	board to sue or be sued under applicable law shall not be affected;
190.1 	(8) purchase and maintain insurance and bonds;
190.2 	(9) borrow, accept, or contract for services of personnel, including but not limited to 
190.3 	employees of a member state;
190.4 	(10) hire employees, elect or appoint officers, fix compensation, define duties, grant 
190.5 	individuals appropriate authority to carry out the purposes of the compact, and establish the 
190.6 	commission's personnel policies and programs relating to conflicts of interest, qualifications 
190.7 	of personnel, and other related personnel matters;
190.8 	(11) accept any and all appropriate donations and grants of money, equipment, supplies, 
190.9 	materials, and services and to receive, utilize, and dispose of the same; provided that at all 
190.10 	times the commission shall avoid any appearance of impropriety or conflict of interest;
190.11 	(12) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, 
190.12 	improve, or use any property real, personal, or mixed; provided that at all times the 
190.13 	commission shall avoid any appearance of impropriety;
190.14 	(13) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of 
190.15 	any property real, personal, or mixed;
190.16 	(14) establish a budget and make expenditures;
190.17 	(15) borrow money;
190.18 	(16) appoint committees, including standing committees composed of members and 
190.19 	other interested persons as may be designated in this compact and the bylaws;
190.20 	(17) provide and receive information from, and cooperate with, law enforcement agencies;
190.21 	(18) establish and elect an executive committee; and
190.22 	(19) perform other functions as may be necessary or appropriate to achieve the purposes 
190.23 	of this compact consistent with the state regulation of audiology and speech-language 
190.24 	pathology licensure and practice.
190.25 	(D) The Executive Committee:
190.26 	The executive committee shall have the power to act on behalf of the commission 
190.27 	according to the terms of this compact. The executive committee shall be composed of ten 
190.28 	members:
190.29 	(1) seven voting members who are elected by the commission from the current 
190.30 	membership of the commission;
191.1 	(2) two ex officios, consisting of one nonvoting member from a recognized national 
191.2 	audiology professional association and one nonvoting member from a recognized national 
191.3 	speech-language pathology association; and
191.4 	(3) one ex officio, nonvoting member from the recognized membership organization of 
191.5 	the audiology and speech-language pathology licensing boards.
191.6 	(E) The ex officio members shall be selected by their respective organizations.
191.7 	(1) The commission may remove any member of the executive committee as provided 
191.8 	in bylaws.
191.9 	(2) The executive committee shall meet at least annually.
191.10 	(3) The executive committee shall have the following duties and responsibilities:
191.11 	(i) recommend to the entire commission changes to the rules or bylaws, changes to this 
191.12 	compact legislation, fees paid by compact member states such as annual dues, and any 
191.13 	commission compact fee charged to licensees for the compact privilege;
191.14 	(ii) ensure compact administration services are appropriately provided, contractual or 
191.15 	otherwise;
191.16 	(iii) prepare and recommend the budget;
191.17 	(iv) maintain financial records on behalf of the commission;
191.18 	(v) monitor compact compliance of member states and provide compliance reports to 
191.19 	the commission;
191.20 	(vi) establish additional committees as necessary; and
191.21 	(vii) other duties as provided in rules or bylaws.
191.22 	(4) All meetings of the commission shall be open to the public and public notice of 
191.23 	meetings shall be given in the same manner as required under the rulemaking provisions in 
191.24 	Article IX.
191.25 	(5) The commission or the executive committee or other committees of the commission 
191.26 	may convene in a closed, nonpublic meeting if the commission or executive committee or 
191.27 	other committees of the commission must discuss:
191.28 	(i) noncompliance of a member state with its obligations under the compact;
191.29 	(ii) the employment, compensation, discipline, or other matters, practices, or procedures 
191.30 	related to specific employees or other matters related to the commission's internal personnel 
191.31 	practices and procedures;
192.1 	(iii) current, threatened, or reasonably anticipated litigation;
192.2 	(iv) negotiation of contracts for the purchase, lease, or sale of goods, services, or real 
192.3 	estate;
192.4 	(v) accusing any person of a crime or formally censuring any person;
192.5 	(vi) disclosure of trade secrets or commercial or financial information that is privileged 
192.6 	or confidential;
192.7 	(vii) disclosure of information of a personal nature where disclosure would constitute a 
192.8 	clearly unwarranted invasion of personal privacy;
192.9 	(viii) disclosure of investigative records compiled for law enforcement purposes;
192.10 	(ix) disclosure of information related to any investigative reports prepared by or on 
192.11 	behalf of or for use of the commission or other committee charged with responsibility of 
192.12 	investigation or determination of compliance issues pursuant to the compact; or
192.13 	(x) matters specifically exempted from disclosure by federal or member state statute.
192.14 	(6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the 
192.15 	commission's legal counsel or designee shall certify that the meeting may be closed and 
192.16 	shall reference each relevant exempting provision.
192.17 	(7) The commission shall keep minutes that fully and clearly describe all matters 
192.18 	discussed in a meeting and shall provide a full and accurate summary of actions taken, and 
192.19 	the reasons therefore, including a description of the views expressed. All documents 
192.20 	considered in connection with an action shall be identified in minutes. All minutes and 
192.21 	documents of a closed meeting shall remain under seal, subject to release by a majority vote 
192.22 	of the commission or order of a court of competent jurisdiction.
192.23 	(8) Financing of the Commission:
192.24 	(i) The commission shall pay, or provide for the payment of, the reasonable expenses 
192.25 	of its establishment, organization, and ongoing activities.
192.26 	(ii) The commission may accept any and all appropriate revenue sources, donations, and 
192.27 	grants of money, equipment, supplies, materials, and services.
192.28 	(iii) The commission may levy on and collect an annual assessment from each member 
192.29 	state or impose fees on other parties to cover the cost of the operations and activities of the 
192.30 	commission and its staff, which must be in a total amount sufficient to cover its annual 
192.31 	budget as approved each year for which revenue is not provided by other sources. The 
193.1 	aggregate annual assessment amount shall be allocated based upon a formula to be determined 
193.2 	by the commission, which shall promulgate a rule binding upon all member states.
193.3 	(9) The commission shall not incur obligations of any kind prior to securing the funds 
193.4 	adequate to meet the same; nor shall the commission pledge the credit of any of the member 
193.5 	states, except by and with the authority of the member state.
193.6 	(10) The commission shall keep accurate accounts of all receipts and disbursements. 
193.7 	The receipts and disbursements of the commission shall be subject to the audit and accounting 
193.8 	procedures established under its bylaws. However, all receipts and disbursements of funds 
193.9 	handled by the commission shall be audited yearly by a certified or licensed public 
193.10 	accountant, and the report of the audit shall be included in and become part of the annual 
193.11 	report of the commission.
193.12 	(F) Qualified Immunity, Defense, and Indemnification:
193.13 	(1) The members, officers, executive director, employees, and representatives of the 
193.14 	commission shall be immune from suit and liability, either personally or in their official 
193.15 	capacity, for any claim for damage to or loss of property or personal injury or other civil 
193.16 	liability caused by or arising out of any actual or alleged act, error, or omission that occurred, 
193.17 	or that the person against whom the claim is made had a reasonable basis for believing 
193.18 	occurred, within the scope of commission employment, duties, or responsibilities; provided 
193.19 	that nothing in this paragraph shall be construed to protect any person from suit or liability 
193.20 	for any damage, loss, injury, or liability caused by the intentional or willful or wanton 
193.21 	misconduct of that person.
193.22 	(2) The commission shall defend any member, officer, executive director, employee, or 
193.23 	representative of the commission in any civil action seeking to impose liability arising out 
193.24 	of any actual or alleged act, error, or omission that occurred within the scope of commission 
193.25 	employment, duties, or responsibilities, or that the person against whom the claim is made 
193.26 	had a reasonable basis for believing occurred within the scope of commission employment, 
193.27 	duties, or responsibilities; provided that nothing herein shall be construed to prohibit that 
193.28 	person from retaining his or her own counsel; and provided further that the actual or alleged 
193.29 	act, error, or omission did not result from that person's intentional or willful or wanton 
193.30 	misconduct.
193.31 	(3) The commission shall indemnify and hold harmless any member, officer, executive 
193.32 	director, employee, or representative of the commission for the amount of any settlement 
193.33 	or judgment obtained against that person arising out of any actual or alleged act, error, or 
193.34 	omission that occurred within the scope of commission employment, duties, or 
194.1 	responsibilities, or that person had a reasonable basis for believing occurred within the scope 
194.2 	of commission employment, duties, or responsibilities; provided that the actual or alleged 
194.3 	act, error, or omission did not result from the intentional or willful or wanton misconduct 
194.4 	of that person.
194.5 	(G) Notwithstanding paragraph (F), clause (1), the liability of the executive director, 
194.6 	employees, or representatives of the interstate commission, acting within the scope of their 
194.7 	employment or duties, may not exceed the limits of liability set forth under the constitution 
194.8 	and laws of this state for state officials, employees, and agents. This paragraph expressly 
194.9 	incorporates  section 3.736, and neither expands nor limits the rights and remedies provided 
194.10 	under that statute.
194.11 	(H) Except for a claim alleging a violation of this compact, a claim against the 
194.12 	commission, its executive director, employees, or representatives alleging a violation of the 
194.13 	constitution and laws of this state may be brought in any county where the plaintiff resides. 
194.14 	Nothing in this paragraph creates a private right of action.
194.15 	(I) Nothing in this compact shall be construed as a limitation on the liability of any 
194.16 	licensee for professional malpractice or misconduct, which shall be governed solely by any 
194.17 	other applicable state laws.
194.18 	ARTICLE VIII
194.19 	DATA SYSTEM
194.20 	(A) The commission shall provide for the development, maintenance, and utilization of 
194.21 	a coordinated database and reporting system containing licensure, adverse action, and 
194.22 	investigative information on all licensed individuals in member states.
194.23 	(B) Notwithstanding any other provision of state law to the contrary, a member state 
194.24 	shall submit a uniform data set to the data system on all individuals to whom this compact 
194.25 	is applicable as required by the rules of the commission, including:
194.26 	(1) identifying information;
194.27 	(2) licensure data;
194.28 	(3) adverse actions against a license or compact privilege;
194.29 	(4) nonconfidential information related to alternative program participation;
194.30 	(5) any denial of application for licensure, and the reason or reasons for denial; and
194.31 	(6) other information that may facilitate the administration of this compact, as determined 
194.32 	by the rules of the commission.
195.1 	(C) Investigative information pertaining to a licensee in any member state shall only be 
195.2 	available to other member states.
195.3 	(D) The commission shall promptly notify all member states of any adverse action taken 
195.4 	against a licensee or an individual applying for a license. Adverse action information 
195.5 	pertaining to a licensee in any member state shall be available to any other member state.
195.6 	(E) Member states contributing information to the data system may designate information 
195.7 	that may not be shared with the public without the express permission of the contributing 
195.8 	state.
195.9 	(F) Any information submitted to the data system that is subsequently required to be 
195.10 	expunged by the laws of the member state contributing the information shall be removed 
195.11 	from the data system.
195.12 	ARTICLE IX
195.13 	RULEMAKING
195.14 	(A) The commission shall exercise its rulemaking powers pursuant to the criteria set 
195.15 	forth in this article and the rules adopted thereunder. Rules and amendments shall become 
195.16 	binding as of the date specified in each rule or amendment.
195.17 	(B) If a majority of the legislatures of the member states rejects a rule, by enactment of 
195.18 	a statute or resolution in the same manner used to adopt the compact within four years of 
195.19 	the date of adoption of the rule, the rule shall have no further force and effect in any member 
195.20 	state.
195.21 	(C) Rules or amendments to the rules shall be adopted at a regular or special meeting 
195.22 	of the commission.
195.23 	(D) Prior to promulgation and adoption of a final rule or rules by the commission, and 
195.24 	at least 30 days in advance of the meeting at which the rule shall be considered and voted 
195.25 	upon, the commission shall file a notice of proposed rulemaking:
195.26 	(1) on the website of the commission or other publicly accessible platform; and
195.27 	(2) on the website of each member state audiology or speech-language pathology licensing 
195.28 	board or other publicly accessible platform or the publication in which each state would 
195.29 	otherwise publish proposed rules.
195.30 	(E) The notice of proposed rulemaking shall include:
195.31 	(1) the proposed time, date, and location of the meeting in which the rule shall be 
195.32 	considered and voted upon;
196.1 	(2) the text of the proposed rule or amendment and the reason for the proposed rule;
196.2 	(3) a request for comments on the proposed rule from any interested person; and
196.3 	(4) the manner in which interested persons may submit notice to the commission of their 
196.4 	intention to attend the public hearing and any written comments.
196.5 	(F) Prior to the adoption of a proposed rule, the commission shall allow persons to submit 
196.6 	written data, facts, opinions, and arguments, which shall be made available to the public.
196.7 	(G) The commission shall grant an opportunity for a public hearing before it adopts a 
196.8 	rule or amendment if a hearing is requested by:
196.9 	(1) at least 25 persons;
196.10 	(2) a state or federal governmental subdivision or agency; or
196.11 	(3) an association having at least 25 members.
196.12 	(H) If a hearing is held on the proposed rule or amendment, the commission shall publish 
196.13 	the place, time, and date of the scheduled public hearing. If the hearing is held via electronic 
196.14 	means, the commission shall publish the mechanism for access to the electronic hearing.
196.15 	(1) All persons wishing to be heard at the hearing shall notify the executive director of 
196.16 	the commission or other designated member in writing of their desire to appear and testify 
196.17 	at the hearing not less than five business days before the scheduled date of the hearing.
196.18 	(2) Hearings shall be conducted in a manner providing each person who wishes to 
196.19 	comment a fair and reasonable opportunity to comment orally or in writing.
196.20 	(3) All hearings shall be recorded. A copy of the recording shall be made available on 
196.21 	request.
196.22 	(4) Nothing in this Article shall be construed as requiring a separate hearing on each 
196.23 	rule. Rules may be grouped for the convenience of the commission at hearings required by 
196.24 	this Article.
196.25 	(I) Following the scheduled hearing date, or by the close of business on the scheduled 
196.26 	hearing date if the hearing was not held, the commission shall consider all written and oral 
196.27 	comments received.
196.28 	(J) If no written notice of intent to attend the public hearing by interested parties is 
196.29 	received, the commission may proceed with promulgation of the proposed rule without a 
196.30 	public hearing.
197.1 	(K) The commission shall, by majority vote of all members, take final action on the 
197.2 	proposed rule and shall determine the effective date of the rule, if any, based on the 
197.3 	rulemaking record and the full text of the rule.
197.4 	(L) Upon determination that an emergency exists, the commission may consider and 
197.5 	adopt an emergency rule without prior notice, opportunity for comment, or hearing; provided 
197.6 	that the usual rulemaking procedures provided in the compact and in this Article shall be 
197.7 	retroactively applied to the rule as soon as reasonably possible, in no event later than 90 
197.8 	days after the effective date of the rule. For the purposes of this provision, an emergency 
197.9 	rule is one that must be adopted immediately in order to:
197.10 	(1) meet an imminent threat to public health, safety, or welfare;
197.11 	(2) prevent a loss of commission or member state funds; or
197.12 	(3) meet a deadline for the promulgation of an administrative rule that is established by 
197.13 	federal law or rule.
197.14 	(M) The commission or an authorized committee of the commission may direct revisions 
197.15 	to a previously adopted rule or amendment for purposes of correcting typographical errors, 
197.16 	errors in format, errors in consistency, or grammatical errors. Public notice of any revisions 
197.17 	shall be posted on the website of the commission. The revision shall be subject to challenge 
197.18 	by any person for a period of 30 days after posting. The revision may be challenged only 
197.19 	on grounds that the revision results in a material change to a rule. A challenge shall be made 
197.20 	in writing and delivered to the chair of the commission prior to the end of the notice period. 
197.21 	If no challenge is made, the revision shall take effect without further action. If the revision 
197.22 	is challenged, the revision may not take effect without the approval of the commission.
197.23 	ARTICLE X
197.24 	OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
197.25 	(A) Dispute Resolution:
197.26 	(1) Upon request by a member state, the commission shall attempt to resolve disputes 
197.27 	related to the compact that arise among member states and between member and nonmember 
197.28 	states.
197.29 	(2) The commission shall promulgate a rule providing for both mediation and binding 
197.30 	dispute resolution for such disputes as appropriate.
197.31 	(B) Enforcement:
198.1 	(1) The commission, in the reasonable exercise of its discretion, shall enforce the 
198.2 	provisions and rules of this compact.
198.3 	(2) By majority vote, the commission may initiate legal action in the United States 
198.4 	District Court for the District of Columbia or the federal district where the commission has 
198.5 	its principal offices against a member state in default to enforce compliance with the 
198.6 	provisions of the compact and its promulgated rules and bylaws. The relief sought may 
198.7 	include both injunctive relief and damages. In the event judicial enforcement is necessary, 
198.8 	the prevailing member shall be awarded all costs of litigation, including reasonable attorney's 
198.9 	fees.
198.10 	(3) The remedies herein shall not be the exclusive remedies of the commission. The 
198.11 	commission may pursue any other remedies available under federal or state law.
198.12 	ARTICLE XI
198.13 	DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR 
198.14 	AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE AND 
198.15 	ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
198.16 	(A) The compact shall come into effect on the date on which the compact statute is 
198.17 	enacted into law in the tenth member state. The provisions, which become effective at that 
198.18 	time, shall be limited to the powers granted to the commission relating to assembly and the 
198.19 	promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking 
198.20 	powers necessary to the implementation and administration of the compact.
198.21 	(B) Any state that joins the compact subsequent to the commission's initial adoption of 
198.22 	the rules shall be subject to the rules as they exist on the date on which the compact becomes 
198.23 	law in that state. Any rule that has been previously adopted by the commission shall have 
198.24 	the full force and effect of law on the day the compact becomes law in that state.
198.25 	(C) Any member state may withdraw from this compact by enacting a statute repealing 
198.26 	the same.
198.27 	(1) A member state's withdrawal shall not take effect until six months after enactment 
198.28 	of the repealing statute.
198.29 	(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's 
198.30 	audiology or speech-language pathology licensing board to comply with the investigative 
198.31 	and adverse action reporting requirements of this compact prior to the effective date of 
198.32 	withdrawal.
199.1 	(D) Nothing contained in this compact shall be construed to invalidate or prevent any 
199.2 	audiology or speech-language pathology licensure agreement or other cooperative 
199.3 	arrangement between a member state and a nonmember state that does not conflict with the 
199.4 	provisions of this compact.
199.5 	(E) This compact may be amended by the member states. No amendment to this compact 
199.6 	shall become effective and binding upon any member state until it is enacted into the laws 
199.7 	of all member states.
199.8 	ARTICLE XII
199.9 	CONSTRUCTION AND SEVERABILITY
199.10 	This compact shall be liberally construed so as to effectuate the purposes thereof. The 
199.11 	provisions of this compact shall be severable and if any phrase, clause, sentence, or provision 
199.12 	of this compact is declared to be contrary to the constitution of any member state or of the 
199.13 	United States or the applicability thereof to any government, agency, person, or circumstance 
199.14 	is held invalid, the validity of the remainder of this compact and the applicability thereof 
199.15 	to any government, agency, person, or circumstance shall not be affected thereby. If this 
199.16 	compact shall be held contrary to the constitution of any member state, the compact shall 
199.17 	remain in full force and effect as to the remaining member states and in full force and effect 
199.18 	as to the member state affected as to all severable matters.
199.19 	ARTICLE XIII
199.20 	BINDING EFFECT OF COMPACT AND OTHER LAWS
199.21 	(A) Nothing herein prevents the enforcement of any other law of a member state that is 
199.22 	not inconsistent with the compact.
199.23 	(B) All laws in a member state in conflict with the compact are superseded to the extent 
199.24 	of the conflict.
199.25 	(C) All lawful actions of the commission, including all rules and bylaws promulgated 
199.26 	by the commission, are binding upon the member states.
199.27 	(D) All agreements between the commission and the member states are binding in 
199.28 	accordance with their terms.
199.29 	(E) In the event any provision of the compact exceeds the constitutional limits imposed 
199.30 	on the legislature of any member state, the provision shall be ineffective to the extent of the 
199.31 	conflict with the constitutional provision in question in that member state.

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

200.9 	ARTICLE 19
200.10 	DENTIST AND DENTAL HYGIENISTS

200.11 	Section 1. [150A.051] DENTIST AND DENTAL HYGIENIST COMPACT.
200.12 	The dentist and dental hygienist compact is enacted into law and entered into with all 
200.13 	other jurisdictions legally joining in the compact in the form substantially specified in this 
200.14 	section.
200.15 	ARTICLE I
200.16 	TITLE
200.17 	This statute shall be known and cited as the dentist and dental hygienist compact.
200.18 	ARTICLE II
200.19 	DEFINITIONS
200.20 	As used in this compact, unless the context requires otherwise, the following definitions 
200.21 	shall apply:
200.22 	(A) "Active military member" means any person with full-time duty status in the armed 
200.23 	forces of the United States including members of the National Guard and Reserve.
200.24 	(B) "Adverse action" means disciplinary action or encumbrance imposed on a license 
200.25 	or compact privilege by a state licensing authority.
200.26 	(C) "Alternative program" means a nondisciplinary monitoring or practice remediation 
200.27 	process applicable to a dentist or dental hygienist approved by a state licensing authority 
200.28 	of a participating state in which the dentist or dental hygienist is licensed. This includes but 
200.29 	is not limited to programs to which licensees with substance abuse or addiction issues are 
200.30 	referred in lieu of adverse action.
201.1 	(D) "Clinical assessment" means examination or process, required for licensure as a 
201.2 	dentist or dental hygienist as applicable, that provides evidence of clinical competence in 
201.3 	dentistry or dental hygiene.
201.4 	(E) "Commissioner" means the individual appointed by a participating state to serve as 
201.5 	the member of the commission for that participating state.
201.6 	(F) "Compact" means this dentist and dental hygienist compact.
201.7 	(G) "Compact privilege" means the authorization granted by a remote state to allow a 
201.8 	licensee from a participating state to practice as a dentist or dental hygienist in a remote 
201.9 	state.
201.10 	(H) "Continuing professional development" means a requirement as a condition of license 
201.11 	renewal to provide evidence of successful participation in educational or professional 
201.12 	activities relevant to practice or area of work.
201.13 	(I) "Criminal background check" means the submission of fingerprints or other 
201.14 	biometric-based information for a license applicant for the purpose of obtaining that 
201.15 	applicant's criminal history record information, as defined in Code of Federal Regulations, 
201.16 	title 28, section 20.3(d), from the Federal Bureau of Investigation and the state's criminal 
201.17 	history record repository as defined in Code of Federal Regulations, title 28, section 20.3(f).
201.18 	(J) "Data system" means the commission's repository of information about licensees, 
201.19 	including but not limited to examination, licensure, investigative, compact privilege, adverse 
201.20 	action, and alternative program.
201.21 	(K) "Dental hygienist" means an individual who is licensed by a state licensing authority 
201.22 	to practice dental hygiene.
201.23 	(L) "Dentist" means an individual who is licensed by a state licensing authority to practice 
201.24 	dentistry.
201.25 	(M) "Dentist and dental hygienist compact commission" or "commission" means a joint 
201.26 	government agency established by this compact comprised of each state that has enacted 
201.27 	the compact and a national administrative body comprised of a commissioner from each 
201.28 	state that has enacted the compact.
201.29 	(N) "Encumbered license" means a license that a state licensing authority has limited in 
201.30 	any way other than through an alternative program.
201.31 	(O) "Executive board" means the chair, vice chair, secretary, and treasurer and any other 
201.32 	commissioners as may be determined by commission rule or bylaw.
202.1 	(P) "Jurisprudence requirement" means the assessment of an individual's knowledge of 
202.2 	the laws and rules governing the practice of dentistry or dental hygiene, as applicable, in a 
202.3 	state.
202.4 	(Q) "License" means current authorization by a state, other than authorization pursuant 
202.5 	to a compact privilege, or other privilege, for an individual to practice as a dentist or dental 
202.6 	hygienist in that state.
202.7 	(R) "Licensee" means an individual who holds an unrestricted license from a participating 
202.8 	state to practice as a dentist or dental hygienist in that state.
202.9 	(S) "Model compact" means the model for the dentist and dental hygienist compact on 
202.10 	file with the council of state governments or other entity as designated by the commission.
202.11 	(T) "Participating state" means a state that has enacted the compact and been admitted 
202.12 	to the commission in accordance with the provisions herein and commission rules.
202.13 	(U) "Qualifying license" means a license that is not an encumbered license issued by a 
202.14 	participating state to practice dentistry or dental hygiene.
202.15 	(V) "Remote state" means a participating state where a licensee who is not licensed as 
202.16 	a dentist or dental hygienist is exercising or seeking to exercise the compact privilege.
202.17 	(W) "Rule" means a regulation promulgated by an entity that has the force of law.
202.18 	(X) "Scope of practice" means the procedures, actions, and processes a dentist or dental 
202.19 	hygienist licensed in a state is permitted to undertake in that state and the circumstances 
202.20 	under which the licensee is permitted to undertake those procedures, actions, and processes. 
202.21 	Such procedures, actions, and processes and the circumstances under which they may be 
202.22 	undertaken may be established through means, including but not limited to statute, 
202.23 	regulations, case law, and other processes available to the state licensing authority or other 
202.24 	government agency.
202.25 	(Y) "Significant investigative information" means information, records, and documents 
202.26 	received or generated by a state licensing authority pursuant to an investigation for which 
202.27 	a determination has been made that there is probable cause to believe that the licensee has 
202.28 	violated a statute or regulation that is considered more than a minor infraction for which 
202.29 	the state licensing authority could pursue adverse action against the licensee.
202.30 	(Z) "State" means any state, commonwealth, district, or territory of the United States of 
202.31 	America that regulates the practices of dentistry and dental hygiene.
203.1 	(AA) "State licensing authority" means an agency or other entity of a state that is 
203.2 	responsible for the licensing and regulation of dentists or dental hygienists.
203.3 	ARTICLE III
203.4 	STATE PARTICIPATION IN THE COMPACT
203.5 	(A) In order to join the compact and thereafter continue as a participating state, a state 
203.6 	must:
203.7 	(1) enact a compact that is not materially different from the model compact as determined 
203.8 	in accordance with commission rules;
203.9 	(2) participate fully in the commission's data system;
203.10 	(3) have a mechanism in place for receiving and investigating complaints about its 
203.11 	licensees and license applicants;
203.12 	(4) notify the commission, in compliance with the terms of the compact and commission 
203.13 	rules, of any adverse action or the availability of significant investigative information 
203.14 	regarding a licensee and license applicant;
203.15 	(5) fully implement a criminal background check requirement, within a time frame 
203.16 	established by commission rule, by receiving the results of a qualifying criminal background 
203.17 	check;
203.18 	(6) comply with the commission rules applicable to a participating state;
203.19 	(7) accept the national board examinations of the joint commission on national dental 
203.20 	examinations or another examination accepted by commission rule as a licensure 
203.21 	examination;
203.22 	(8) accept for licensure that applicants for a dentist license graduate from a predoctoral 
203.23 	dental education program accredited by the Commission on Dental Accreditation, or another 
203.24 	accrediting agency recognized by the United States Department of Education for the 
203.25 	accreditation of dentistry and dental hygiene education programs, leading to the Doctor of 
203.26 	Dental Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree;
203.27 	(9) accept for licensure that applicants for a dental hygienist license graduate from a 
203.28 	dental hygiene education program accredited by the Commission on Dental Accreditation 
203.29 	or another accrediting agency recognized by the United States Department of Education for 
203.30 	the accreditation of dentistry and dental hygiene education programs;
203.31 	(10) require for licensure that applicants successfully complete a clinical assessment;
204.1 	(11) have continuing professional development requirements as a condition for license 
204.2 	renewal; and
204.3 	(12) pay a participation fee to the commission as established by commission rule.
204.4 	(B) Providing alternative pathways for an individual to obtain an unrestricted license 
204.5 	does not disqualify a state from participating in the compact.
204.6 	(C) When conducting a criminal background check, the state licensing authority shall:
204.7 	(1) consider that information in making a licensure decision;
204.8 	(2) maintain documentation of completion of the criminal background check and 
204.9 	background check information to the extent allowed by state and federal law; and
204.10 	(3) report to the commission whether it has completed the criminal background check 
204.11 	and whether the individual was granted or denied a license.
204.12 	(D) A licensee of a participating state who has a qualifying license in that state and does 
204.13 	not hold an encumbered license in any other participating state, shall be issued a compact 
204.14 	privilege in a remote state in accordance with the terms of the compact and commission 
204.15 	rules. If a remote state has a jurisprudence requirement a compact privilege will not be 
204.16 	issued to the licensee unless the licensee has satisfied the jurisprudence requirement.
204.17 	ARTICLE IV
204.18 	COMPACT PRIVILEGE
204.19 	(A) To obtain and exercise the compact privilege under the terms and provisions of the 
204.20 	compact, the licensee shall:
204.21 	(1) have a qualifying license as a dentist or dental hygienist in a participating state;
204.22 	(2) be eligible for a compact privilege in any remote state in accordance with (D), (G), 
204.23 	and (H) of this article;
204.24 	(3) submit to an application process whenever the licensee is seeking a compact privilege;
204.25 	(4) pay any applicable commission and remote state fees for a compact privilege in the 
204.26 	remote state;
204.27 	(5) meet any jurisprudence requirement established by a remote state in which the licensee 
204.28 	is seeking a compact privilege;
204.29 	(6) have passed a National Board Examination of the Joint Commission on National 
204.30 	Dental Examinations or another examination accepted by commission rule;
205.1 	(7) for a dentist, have graduated from a predoctoral dental education program accredited 
205.2 	by the Commission on Dental Accreditation, or another accrediting agency recognized by 
205.3 	the United States Department of Education for the accreditation of dentistry and dental 
205.4 	hygiene education programs, leading to the Doctor of Dental Surgery (D.D.S.) or Doctor 
205.5 	of Dental Medicine (D.M.D.) degree;
205.6 	(8) for a dental hygienist, have graduated from a dental hygiene education program 
205.7 	accredited by the Commission on Dental Accreditation or another accrediting agency 
205.8 	recognized by the United States Department of Education for the accreditation of dentistry 
205.9 	and dental hygiene education programs;
205.10 	(9) have successfully completed a clinical assessment for licensure;
205.11 	(10) report to the commission adverse action taken by any nonparticipating state when 
205.12 	applying for a compact privilege and, otherwise, within 30 days from the date the adverse 
205.13 	action is taken;
205.14 	(11) report to the commission when applying for a compact privilege the address of the 
205.15 	licensee's primary residence and thereafter immediately report to the commission any change 
205.16 	in the address of the licensee's primary residence; and
205.17 	(12) consent to accept service of process by mail at the licensee's primary residence on 
205.18 	record with the commission with respect to any action brought against the licensee by the 
205.19 	commission or a participating state, and consent to accept service of a subpoena by mail at 
205.20 	the licensee's primary residence on record with the commission with respect to any action 
205.21 	brought or investigation conducted by the commission or a participating state.
205.22 	(B) The licensee must comply with the requirements of (A) of this article to maintain 
205.23 	the compact privilege in the remote state. If those requirements are met, the compact privilege 
205.24 	will continue as long as the licensee maintains a qualifying license in the state through which 
205.25 	the licensee applied for the compact privilege and pays any applicable compact privilege 
205.26 	renewal fees.
205.27 	(C) A licensee providing dentistry or dental hygiene in a remote state under the compact 
205.28 	privilege shall function within the scope of practice authorized by the remote state for a 
205.29 	dentist or dental hygienist licensed in that state.
205.30 	(D) A licensee providing dentistry or dental hygiene pursuant to a compact privilege in 
205.31 	a remote state is subject to that state's regulatory authority. A remote state may, in accordance 
205.32 	with due process and that state's laws, by adverse action revoke or remove a licensee's 
205.33 	compact privilege in the remote state for a specific period of time and impose fines or take 
206.1 	any other necessary actions to protect the health and safety of its citizens. If a remote state 
206.2 	imposes an adverse action against a compact privilege that limits the compact privilege, 
206.3 	that adverse action applies to all compact privileges in all remote states. A licensee whose 
206.4 	compact privilege in a remote state is removed for a specified period of time is not eligible 
206.5 	for a compact privilege in any other remote state until the specific time for removal of the 
206.6 	compact privilege has passed and all encumbrance requirements are satisfied.
206.7 	(E) If a license in a participating state is an encumbered license, the licensee shall lose 
206.8 	the compact privilege in a remote state and shall not be eligible for a compact privilege in 
206.9 	any remote state until the license is no longer encumbered.
206.10 	(F) Once an encumbered license in a participating state is restored to good standing, the 
206.11 	licensee must meet the requirements of (A) of this article to obtain a compact privilege in 
206.12 	a remote state.
206.13 	(G) If a licensee's compact privilege in a remote state is removed by the remote state, 
206.14 	the individual shall lose or be ineligible for the compact privilege in any remote state until 
206.15 	the following occur:
206.16 	(1) the specific period of time for which the compact privilege was removed has ended; 
206.17 	and
206.18 	(2) all conditions for removal of the compact privilege have been satisfied.
206.19 	(H) Once the requirements of (G) of this article have been met, the licensee must meet 
206.20 	the requirements in (A) of this article to obtain a compact privilege in a remote state.
206.21 	ARTICLE V
206.22 	ACTIVE MILITARY MEMBER OR THEIR SPOUSES
206.23 	An active military member and their spouse shall not be required to pay to the commission 
206.24 	for a compact privilege the fee otherwise charged by the commission. If a remote state 
206.25 	chooses to charge a fee for a compact privilege, it may choose to charge a reduced fee or 
206.26 	no fee to an active military member and their spouse for a compact privilege.
206.27 	ARTICLE VI
206.28 	ADVERSE ACTIONS
206.29 	(A) A participating state in which a licensee is licensed shall have exclusive authority 
206.30 	to impose adverse action against the qualifying license issued by that participating state.
207.1 	(B) A participating state may take adverse action based on the significant investigative 
207.2 	information of a remote state, so long as the participating state follows its own procedures 
207.3 	for imposing adverse action.
207.4 	(C) Nothing in this compact shall override a participating state's decision that participation 
207.5 	in an alternative program may be used in lieu of adverse action and that such participation 
207.6 	shall remain nonpublic if required by the participating state's laws. Participating states must 
207.7 	require licensees who enter any alternative program in lieu of discipline to agree not to 
207.8 	practice pursuant to a compact privilege in any other participating state during the term of 
207.9 	the alternative program without prior authorization from such other participating state.
207.10 	(D) Any participating state in which a licensee is applying to practice or is practicing 
207.11 	pursuant to a compact privilege may investigate actual or alleged violations of the statutes 
207.12 	and regulations authorizing the practice of dentistry or dental hygiene in any other 
207.13 	participating state in which the dentist or dental hygienist holds a license or compact 
207.14 	privilege.
207.15 	(E) A remote state shall have the authority to:
207.16 	(1) take adverse actions as set forth in article IV, (D), against a licensee's compact 
207.17 	privilege in the state;
207.18 	(2) in furtherance of its rights and responsibilities under the compact and the commission's 
207.19 	rules issue subpoenas for both hearings and investigations that require the attendance and 
207.20 	testimony of witnesses, and the production of evidence. Subpoenas issued by a state licensing 
207.21 	authority in a participating state for the attendance and testimony of witnesses, or the 
207.22 	production of evidence from another participating state, shall be enforced in the latter state 
207.23 	by any court of competent jurisdiction, according to the practice and procedure of that court 
207.24 	applicable to subpoenas issued in proceedings pending before it. The issuing authority shall 
207.25 	pay any witness fees, travel expenses, mileage, and other fees required by the service statutes 
207.26 	of the state where the witnesses or evidence are located; and
207.27 	(3) if otherwise permitted by state law, recover from the licensee the costs of 
207.28 	investigations and disposition of cases resulting from any adverse action taken against that 
207.29 	licensee.
207.30 	(F) Joint Investigations:
207.31 	(1) In addition to the authority granted to a participating state by its dentist or dental 
207.32 	hygienist licensure act or other applicable state law, a participating state may jointly 
207.33 	investigate licensees with other participating states.
208.1 	(2) Participating states shall share any significant investigative information, litigation, 
208.2 	or compliance materials in furtherance of any joint or individual investigation initiated under 
208.3 	the compact.
208.4 	(G) Authority to Continue Investigation:
208.5 	(1) After a licensee's compact privilege in a remote state is terminated, the remote state 
208.6 	may continue an investigation of the licensee that began when the licensee had a compact 
208.7 	privilege in that remote state.
208.8 	(2) If the investigation yields what would be significant investigative information had 
208.9 	the licensee continued to have a compact privilege in that remote state, the remote state 
208.10 	shall report the presence of such information to the data system as required by article VIII, 
208.11 	(B), (6), as if it was significant investigative information.
208.12 	ARTICLE VII
208.13 	ESTABLISHMENT AND OPERATION OF THE COMMISSION
208.14 	(A) The compact participating states hereby create and establish a joint government 
208.15 	agency whose membership consists of all participating states that have enacted the compact. 
208.16 	The commission is an instrumentality of the participating states acting jointly and not an 
208.17 	instrumentality of any one state. The commission shall come into existence on or after the 
208.18 	effective date of the compact as set forth in article XI, (A).
208.19 	(B) Participation, Voting, and Meetings:
208.20 	(1) Each participating state shall have and be limited to one commissioner selected by 
208.21 	that participating state's state licensing authority or, if the state has more than one state 
208.22 	licensing authority, selected collectively by the state licensing authorities.
208.23 	(2) The commissioner shall be a member or designee of such authority or authorities.
208.24 	(3) The commission may by rule or bylaw establish a term of office for commissioners 
208.25 	and may by rule or bylaw establish term limits.
208.26 	(4) The commission may recommend to a state licensing authority or authorities, as 
208.27 	applicable, removal or suspension of an individual as the state's commissioner.
208.28 	(5) A participating state's state licensing authority or authorities, as applicable, shall fill 
208.29 	any vacancy of its commissioner on the commission within 60 days of the vacancy.
208.30 	(6) Each commissioner shall be entitled to one vote on all matters that are voted upon 
208.31 	by the commission.
209.1 	(7) The commission shall meet at least once during each calendar year. Additional 
209.2 	meetings may be held as set forth in the bylaws. The commission may meet by 
209.3 	telecommunication, video conference, or other similar electronic means.
209.4 	(C) The commission shall have the following powers:
209.5 	(1) establish the fiscal year of the commission;
209.6 	(2) establish a code of conduct and conflict of interest policies;
209.7 	(3) adopt rules and bylaws;
209.8 	(4) maintain its financial records in accordance with the bylaws;
209.9 	(5) meet and take such actions as are consistent with the provisions of this compact, the 
209.10 	commission's rules, and the bylaws;
209.11 	(6) initiate and conclude legal proceedings or actions in the name of the commission, 
209.12 	provided that the standing of any state licensing authority to sue or be sued under applicable 
209.13 	law shall not be affected;
209.14 	(7) maintain and certify records and information provided to a participating state as the 
209.15 	authenticated business records of the commission, and designate a person to do so on the 
209.16 	commission's behalf;
209.17 	(8) purchase and maintain insurance and bonds;
209.18 	(9) borrow, accept, or contract for services of personnel, including but not limited to 
209.19 	employees of a participating state;
209.20 	(10) conduct an annual financial review;
209.21 	(11) hire employees, elect or appoint officers, fix compensation, define duties, grant 
209.22 	such individuals appropriate authority to carry out the purposes of the compact, and establish 
209.23 	the commission's personnel policies and programs relating to conflicts of interest, 
209.24 	qualifications of personnel, and other related personnel matters;
209.25 	(12) as set forth in the commission rules, charge a fee to a licensee for the grant of a 
209.26 	compact privilege in a remote state and thereafter, as may be established by commission 
209.27 	rule, charge the licensee a compact privilege renewal fee for each renewal period in which 
209.28 	that licensee exercises or intends to exercise the compact privilege in that remote state. 
209.29 	Nothing herein shall be construed to prevent a remote state from charging a licensee a fee 
209.30 	for a compact privilege or renewals of a compact privilege, or a fee for the jurisprudence 
209.31 	requirement if the remote state imposes such a requirement for the grant of a compact 
209.32 	privilege;
210.1 	(13) accept any and all appropriate gifts, donations, grants of money, other sources of 
210.2 	revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of 
210.3 	the same; provided that at all times the commission shall avoid any appearance of impropriety 
210.4 	and conflict of interest;
210.5 	(14) lease, purchase, retain, own, hold, improve, or use any property real, personal, or 
210.6 	mixed, or any undivided interest therein;
210.7 	(15) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of 
210.8 	any property real, personal, or mixed;
210.9 	(16) establish a budget and make expenditures;
210.10 	(17) borrow money;
210.11 	(18) appoint committees, including standing committees, which may be composed of 
210.12 	members, state regulators, state legislators or their representatives, and consumer 
210.13 	representatives, and such other interested persons as may be designated in this compact and 
210.14 	the bylaws;
210.15 	(19) provide and receive information from, and cooperate with, law enforcement agencies;
210.16 	(20) elect a chair, vice chair, secretary, and treasurer and such other officers of the 
210.17 	commission as provided in the commission's bylaws;
210.18 	(21) establish and elect an executive board;
210.19 	(22) adopt and provide to the participating states an annual report;
210.20 	(23) determine whether a state's enacted compact is materially different from the model 
210.21 	compact language such that the state would not qualify for participation in the compact; 
210.22 	and
210.23 	(24) perform such other functions as may be necessary or appropriate to achieve the 
210.24 	purposes of this compact.
210.25 	(D) Meetings of the Commission:
210.26 	(1) All meetings of the commission that are not closed pursuant to (D)(4) of this article 
210.27 	shall be open to the public. Notice of public meetings shall be posted on the commission's 
210.28 	website at least 30 days prior to the public meeting.
210.29 	(2) Notwithstanding (D)(1) of this article, the commission may convene an emergency 
210.30 	public meeting by providing at least 24 hours prior notice on the commission's website, and 
210.31 	any other means as provided in the commission's rules, for any of the reasons it may dispense 
211.1 	with notice of proposed rulemaking under article IX, (L). The commission's legal counsel 
211.2 	shall certify that one of the reasons justifying an emergency public meeting has been met.
211.3 	(3) Notice of all commission meetings shall provide the time, date, and location of the 
211.4 	meeting, and if the meeting is to be held or accessible via telecommunication, video 
211.5 	conference, or other electronic means, the notice shall include the mechanism for access to 
211.6 	the meeting through such means.
211.7 	(4) The commission may convene in a closed, nonpublic meeting for the commission 
211.8 	to receive legal advice or to discuss:
211.9 	(i) noncompliance of a participating state with its obligations under the compact;
211.10 	(ii) the employment, compensation, discipline, or other matters, practices, or procedures 
211.11 	related to specific employees or other matters related to the commission's internal personnel 
211.12 	practices and procedures;
211.13 	(iii) current or threatened discipline of a licensee or compact privilege holder by the 
211.14 	commission or by a participating state's licensing authority;
211.15 	(iv) current, threatened, or reasonably anticipated litigation;
211.16 	(v) negotiation of contracts for the purchase, lease, or sale of goods, services, or real 
211.17 	estate;
211.18 	(vi) accusing any person of a crime or formally censuring any person;
211.19 	(vii) trade secrets or commercial or financial information that is privileged or confidential;
211.20 	(viii) information of a personal nature where disclosure would constitute a clearly 
211.21 	unwarranted invasion of personal privacy;
211.22 	(ix) investigative records compiled for law enforcement purposes;
211.23 	(x) information related to any investigative reports prepared by or on behalf of or for 
211.24 	use of the commission or other committee charged with responsibility of investigation or 
211.25 	determination of compliance issues pursuant to the compact;
211.26 	(xi) legal advice;
211.27 	(xii) matters specifically exempted from disclosure to the public by federal or participating 
211.28 	state law; and
211.29 	(xiii) other matters as promulgated by the commission by rule.
212.1 	(5) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that 
212.2 	the meeting will be closed and reference each relevant exempting provision, and such 
212.3 	reference shall be recorded in the minutes.
212.4 	(6) The commission shall keep minutes that fully and clearly describe all matters 
212.5 	discussed in a meeting and shall provide a full and accurate summary of actions taken, and 
212.6 	the reasons therefore, including a description of the views expressed. All documents 
212.7 	considered in connection with an action shall be identified in such minutes. All minutes and 
212.8 	documents of a closed meeting shall remain under seal, subject to release only by a majority 
212.9 	vote of the commission or order of a court of competent jurisdiction.
212.10 	(E) Financing of the Commission:
212.11 	(1) The commission shall pay, or provide for the payment of, the reasonable expenses 
212.12 	of its establishment, organization, and ongoing activities.
212.13 	(2) The commission may accept any and all appropriate sources of revenue, donations, 
212.14 	and grants of money, equipment, supplies, materials, and services.
212.15 	(3) The commission may levy on and collect an annual assessment from each participating 
212.16 	state and impose fees on licensees of participating states when a compact privilege is granted 
212.17 	to cover the cost of the operations and activities of the commission and its staff, which must 
212.18 	be in a total amount sufficient to cover its annual budget as approved each fiscal year for 
212.19 	which sufficient revenue is not provided by other sources. The aggregate annual assessment 
212.20 	amount for participating states shall be allocated based upon a formula that the commission 
212.21 	shall promulgate by rule.
212.22 	(4) The commission shall not incur obligations of any kind prior to securing the funds 
212.23 	adequate to meet the same; nor shall the commission pledge the credit of any participating 
212.24 	state, except by and with the authority of the participating state.
212.25 	(5) The commission shall keep accurate accounts of all receipts and disbursements. The 
212.26 	receipts and disbursements of the commission shall be subject to the financial review and 
212.27 	accounting procedures established under the commission's bylaws. All receipts and 
212.28 	disbursements of funds handled by the commission shall be subject to an annual financial 
212.29 	review by a certified or licensed public accountant, and the report of the financial review 
212.30 	shall be included in and become part of the annual report of the commission.
212.31 	(F) The Executive Board:
213.1 	(1) The executive board shall have the power to act on behalf of the commission according 
213.2 	to the terms of this compact. The powers, duties, and responsibilities of the executive board 
213.3 	shall include:
213.4 	(i) overseeing the day-to-day activities of the administration of the compact including 
213.5 	compliance with the provisions of the compact and the commission's rules and bylaws;
213.6 	(ii) recommending to the commission changes to the rules or bylaws, changes to this 
213.7 	compact legislation, fees charged to compact participating states, fees charged to licensees, 
213.8 	and other fees;
213.9 	(iii) ensuring compact administration services are appropriately provided, including by 
213.10 	contract;
213.11 	(iv) preparing and recommending the budget;
213.12 	(v) maintaining financial records on behalf of the commission;
213.13 	(vi) monitoring compact compliance of participating states and providing compliance 
213.14 	reports to the commission;
213.15 	(vii) establishing additional committees as necessary;
213.16 	(viii) exercising the powers and duties of the commission during the interim between 
213.17 	commission meetings, except for adopting or amending rules, adopting or amending bylaws, 
213.18 	and exercising any other powers and duties expressly reserved to the commission by rule 
213.19 	or bylaw; and
213.20 	(ix) other duties as provided in the rules or bylaws of the commission.
213.21 	(2) The executive board shall be composed of up to seven members:
213.22 	(i) the chair, vice chair, secretary, and treasurer of the commission and any other members 
213.23 	of the commission who serve on the executive board shall be voting members of the executive 
213.24 	board; and
213.25 	(ii) other than the chair, vice chair, secretary, and treasurer, the commission may elect 
213.26 	up to three voting members from the current membership of the commission.
213.27 	(3) The commission may remove any member of the executive board as provided in the 
213.28 	commission's bylaws.
213.29 	(4) The executive board shall meet at least annually.
213.30 	(i) An executive board meeting at which it takes or intends to take formal action on a 
213.31 	matter shall be open to the public, except that the executive board may meet in a closed, 
214.1 	nonpublic session of a public meeting when dealing with any of the matters covered under 
214.2 	(D)(4) of this article.
214.3 	(ii) The executive board shall give five business days' notice of its public meetings, 
214.4 	posted on its website and as it may otherwise determine to provide notice to persons with 
214.5 	an interest in the public matters the executive board intends to address at those meetings.
214.6 	(5) The executive board may hold an emergency meeting when acting for the commission 
214.7 	to:
214.8 	(i) meet an imminent threat to public health, safety, or welfare;
214.9 	(ii) prevent a loss of commission or participating state funds; or
214.10 	(iii) protect public health and safety.
214.11 	(G) Qualified Immunity, Defense, and Indemnification:
214.12 	(1) The members, officers, executive director, employees, and representatives of the 
214.13 	commission shall be immune from suit and liability, both personally and in their official 
214.14 	capacity, for any claim for damage to or loss of property or personal injury or other civil 
214.15 	liability caused by or arising out of any actual or alleged act, error, or omission that occurred, 
214.16 	or that the person against whom the claim is made had a reasonable basis for believing 
214.17 	occurred within the scope of commission employment, duties, or responsibilities; provided 
214.18 	that nothing in this paragraph shall be construed to protect any such person from suit or 
214.19 	liability for any damage, loss, injury, or liability caused by the intentional or willful or 
214.20 	wanton misconduct of that person. The procurement of insurance of any type by the 
214.21 	commission shall not in any way compromise or limit the immunity granted hereunder.
214.22 	(2) The commission shall defend any member, officer, executive director, employee, or 
214.23 	representative of the commission in any civil action seeking to impose liability arising out 
214.24 	of any actual or alleged act, error, or omission that occurred within the scope of commission 
214.25 	employment, duties, or responsibilities, or as determined by the commission that the person 
214.26 	against whom the claim is made had a reasonable basis for believing occurred within the 
214.27 	scope of commission employment, duties, or responsibilities; provided that nothing herein 
214.28 	shall be construed to prohibit that person from retaining their own counsel at their own 
214.29 	expense; and provided further that the actual or alleged act, error, or omission did not result 
214.30 	from that person's intentional or willful or wanton misconduct.
214.31 	(3) Notwithstanding (G)(1) of this article, should any member, officer, executive director, 
214.32 	employee, or representative of the commission be held liable for the amount of any settlement 
214.33 	or judgment arising out of any actual or alleged act, error, or omission that occurred within 
215.1 	the scope of that individual's employment, duties, or responsibilities for the commission, 
215.2 	or that the person to whom that individual is liable had a reasonable basis for believing 
215.3 	occurred within the scope of the individual's employment, duties, or responsibilities for the 
215.4 	commission, the commission shall indemnify and hold harmless such individual; provided 
215.5 	that the actual or alleged act, error, or omission did not result from the intentional or willful 
215.6 	or wanton misconduct of the individual.
215.7 	(4) Nothing herein shall be construed as a limitation on the liability of any licensee for 
215.8 	professional malpractice or misconduct, which shall be governed solely by any other 
215.9 	applicable state laws.
215.10 	(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a 
215.11 	participating state's state action immunity or state action affirmative defense with respect 
215.12 	to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust 
215.13 	or anticompetitive law or regulation.
215.14 	(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by 
215.15 	the participating states or by the commission.
215.16 	(H) Notwithstanding paragraph (G), clause (1), of this article, the liability of the executive 
215.17 	director, employees, or representatives of the interstate commission, acting within the scope 
215.18 	of their employment or duties, may not exceed the limits of liability set forth under the 
215.19 	constitution and laws of this state for state officials, employees, and agents. This paragraph 
215.20 	expressly incorporates  section 3.736, and neither expands nor limits the rights and remedies 
215.21 	provided under that statute.
215.22 	(I) Except for a claim alleging a violation of this compact, a claim against the commission, 
215.23 	its executive director, employees, or representatives alleging a violation of the constitution 
215.24 	and laws of this state may be brought in any county where the plaintiff resides. Nothing in 
215.25 	this paragraph creates a private right of action.
215.26 	(J) Nothing in this compact shall be construed as a limitation on the liability of any 
215.27 	licensee for professional malpractice or misconduct, which shall be governed solely by any 
215.28 	other applicable state laws.
215.29 	ARTICLE VIII
215.30 	DATA SYSTEM
215.31 	(A) The commission shall provide for the development, maintenance, operation, and 
215.32 	utilization of a coordinated database and reporting system containing licensure, adverse 
216.1 	action, and the presence of significant investigative information on all licensees and 
216.2 	applicants for a license in participating states.
216.3 	(B) Notwithstanding any other provision of state law to the contrary, a participating state 
216.4 	shall submit a uniform data set to the data system on all individuals to whom this compact 
216.5 	is applicable as required by the rules of the commission, including:
216.6 	(1) identifying information;
216.7 	(2) licensure data;
216.8 	(3) adverse actions against a licensee, license applicant, or compact privilege and 
216.9 	information related thereto;
216.10 	(4) nonconfidential information related to alternative program participation, the beginning 
216.11 	and ending dates of such participation, and other information related to such participation;
216.12 	(5) any denial of an application for licensure, and the reasons for such denial, excluding 
216.13 	the reporting of any criminal history record information where prohibited by law;
216.14 	(6) the presence of significant investigative information; and
216.15 	(7) other information that may facilitate the administration of this compact or the 
216.16 	protection of the public, as determined by the rules of the commission.
216.17 	(C) The records and information provided to a participating state pursuant to this compact 
216.18 	or through the data system, when certified by the commission or an agent thereof, shall 
216.19 	constitute the authenticated business records of the commission, and shall be entitled to any 
216.20 	associated hearsay exception in any relevant judicial, quasi-judicial, or administrative 
216.21 	proceedings in a participating state.
216.22 	(D) Significant investigative information pertaining to a licensee in any participating 
216.23 	state will only be available to other participating states.
216.24 	(E) It is the responsibility of the participating states to monitor the database to determine 
216.25 	whether adverse action has been taken against a licensee or license applicant. Adverse action 
216.26 	information pertaining to a licensee or license applicant in any participating state will be 
216.27 	available to any other participating state.
216.28 	(F) Participating states contributing information to the data system may designate 
216.29 	information that may not be shared with the public without the express permission of the 
216.30 	contributing state.
217.1 	(G) Any information submitted to the data system that is subsequently expunged pursuant 
217.2 	to federal law or the laws of the participating state contributing the information shall be 
217.3 	removed from the data system.
217.4 	ARTICLE IX
217.5 	RULEMAKING
217.6 	(A) The commission shall promulgate reasonable rules in order to effectively and 
217.7 	efficiently implement and administer the purposes and provisions of the compact. A 
217.8 	commission rule shall be invalid and have no force or effect only if a court of competent 
217.9 	jurisdiction holds that the rule is invalid because the commission exercised its rulemaking 
217.10 	authority in a manner that is beyond the scope and purposes of the compact, or the powers 
217.11 	granted hereunder, or based upon another applicable standard of review.
217.12 	(B) The rules of the commission shall have the force of law in each participating state, 
217.13 	provided that where the rules of the commission conflict with the laws of the participating 
217.14 	state that establish the participating state's scope of practice as held by a court of competent 
217.15 	jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the 
217.16 	conflict.
217.17 	(C) The commission shall exercise its rulemaking powers pursuant to the criteria set 
217.18 	forth in this article and the rules adopted thereunder. Rules shall become binding as of the 
217.19 	date specified by the commission for each rule.
217.20 	(D) If a majority of the legislatures of the participating states rejects a commission rule 
217.21 	or portion of a commission rule, by enactment of a statute or resolution in the same manner 
217.22 	used to adopt the compact, within four years of the date of adoption of the rule, then such 
217.23 	rule shall have no further force and effect in any participating state or to any state applying 
217.24 	to participate in the compact.
217.25 	(E) Rules shall be adopted at a regular or special meeting of the commission.
217.26 	(F) Prior to adoption of a proposed rule, the commission shall hold a public hearing and 
217.27 	allow persons to provide oral and written comments, data, facts, opinions, and arguments.
217.28 	(G) Prior to adoption of a proposed rule by the commission, and at least 30 days in 
217.29 	advance of the meeting at which the commission will hold a public hearing on the proposed 
217.30 	rule, the commission shall provide a notice of proposed rulemaking:
217.31 	(1) on the website of the commission or other publicly accessible platform;
218.1 	(2) to persons who have requested notice of the commission's notices of proposed 
218.2 	rulemaking; and
218.3 	(3) in such other ways as the commission may by rule specify.
218.4 	(H) The notice of proposed rulemaking shall include:
218.5 	(1) the time, date, and location of the public hearing at which the commission will hear 
218.6 	public comments on the proposed rule and, if different, the time, date, and location of the 
218.7 	meeting where the commission will consider and vote on the proposed rule;
218.8 	(2) if the hearing is held via telecommunication, video conference, or other electronic 
218.9 	means, the commission shall include the mechanism for access to the hearing in the notice 
218.10 	of proposed rulemaking;
218.11 	(3) the text of the proposed rule and the reason therefor;
218.12 	(4) a request for comments on the proposed rule from any interested person; and
218.13 	(5) the manner in which interested persons may submit written comments.
218.14 	(I) All hearings will be recorded. A copy of the recording and all written comments and 
218.15 	documents received by the commission in response to the proposed rule shall be available 
218.16 	to the public.
218.17 	(J) Nothing in this article shall be construed as requiring a separate hearing on each 
218.18 	commission rule. Rules may be grouped for the convenience of the commission at hearings 
218.19 	required by this article.
218.20 	(K) The commission shall, by majority vote of all commissioners, take final action on 
218.21 	the proposed rule based on the rulemaking record.
218.22 	(1) The commission may adopt changes to the proposed rule provided the changes do 
218.23 	not enlarge the original purpose of the proposed rule.
218.24 	(2) The commission shall provide an explanation of the reasons for substantive changes 
218.25 	made to the proposed rule as well as reasons for substantive changes not made that were 
218.26 	recommended by commenters.
218.27 	(3) The commission shall determine a reasonable effective date for the rule. Except for 
218.28 	an emergency as provided in (L) of this article, the effective date of the rule shall be no 
218.29 	sooner than 30 days after the commission issuing the notice that it adopted or amended the 
218.30 	rule.
219.1 	(L) Upon determination that an emergency exists, the commission may consider and 
219.2 	adopt an emergency rule with 24 hours' notice, with opportunity to comment, provided that 
219.3 	the usual rulemaking procedures provided in the compact and in this article shall be 
219.4 	retroactively applied to the rule as soon as reasonably possible, in no event later than 90 
219.5 	days after the effective date of the rule. For the purposes of this provision, an emergency 
219.6 	rule is one that must be adopted immediately in order to:
219.7 	(1) meet an imminent threat to public health, safety, or welfare;
219.8 	(2) prevent a loss of commission or participating state funds;
219.9 	(3) meet a deadline for the promulgation of a rule that is established by federal law or 
219.10 	rule; or
219.11 	(4) protect public health and safety.
219.12 	(M) The commission or an authorized committee of the commission may direct revisions 
219.13 	to a previously adopted rule for purposes of correcting typographical errors, errors in format, 
219.14 	errors in consistency, or grammatical errors. Public notice of any revisions shall be posted 
219.15 	on the website of the commission. The revision shall be subject to challenge by any person 
219.16 	for a period of 30 days after posting. The revision may be challenged only on grounds that 
219.17 	the revision results in a material change to a rule. A challenge shall be made in writing and 
219.18 	delivered to the commission prior to the end of the notice period. If no challenge is made, 
219.19 	the revision will take effect without further action. If the revision is challenged, the revision 
219.20 	may not take effect without the approval of the commission.
219.21 	(N) No participating state's rulemaking requirements shall apply under this compact.
219.22 	ARTICLE X
219.23 	OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
219.24 	(A) Oversight:
219.25 	(1) The executive and judicial branches of state government in each participating state 
219.26 	shall enforce this compact and take all actions necessary and appropriate to implement the 
219.27 	compact.
219.28 	(2) Except as provided under article VII, paragraph (I), venue is proper and judicial 
219.29 	proceedings by or against the commission shall be brought solely and exclusively in a court 
219.30 	of competent jurisdiction where the principal office of the commission is located. The 
219.31 	commission may waive venue and jurisdictional defenses to the extent it adopts or consents 
219.32 	to participate in alternative dispute resolution proceedings. Nothing herein shall affect or 
220.1 	limit the selection or propriety of venue in any action against a licensee for professional 
220.2 	malpractice, misconduct, or any such similar matter.
220.3 	(3) The commission shall be entitled to receive service of process in any proceeding 
220.4 	regarding the enforcement or interpretation of the compact or commission rule and shall 
220.5 	have standing to intervene in such a proceeding for all purposes. Failure to provide the 
220.6 	commission service of process shall render a judgment or order void as to the commission, 
220.7 	this compact, or the promulgated rules.
220.8 	(B) Default, Technical Assistance, and Termination:
220.9 	(1) If the commission determines that a participating state has defaulted in the 
220.10 	performance of its obligations or responsibilities under this compact or the promulgated 
220.11 	rules, the commission shall provide written notice to the defaulting state. The notice of 
220.12 	default shall describe the default, the proposed means of curing the default, and any other 
220.13 	action that the commission may take, and shall offer training and specific technical assistance 
220.14 	regarding the default.
220.15 	(2) The commission shall provide a copy of the notice of default to the other participating 
220.16 	states.
220.17 	(C) If a state in default fails to cure the default, the defaulting state may be terminated 
220.18 	from the compact upon an affirmative vote of a majority of the commissioners, and all 
220.19 	rights, privileges, and benefits conferred on that state by this compact may be terminated 
220.20 	on the effective date of termination. A cure of the default does not relieve the offending 
220.21 	state of obligations or liabilities incurred during the period of default.
220.22 	(D) Termination of participation in the compact shall be imposed only after all other 
220.23 	means of securing compliance have been exhausted. Notice of intent to suspend or terminate 
220.24 	shall be given by the commission to the governor, the majority and minority leaders of the 
220.25 	defaulting state's legislature, the defaulting state's state licensing authority or authorities, 
220.26 	as applicable, and each of the participating states' state licensing authority or authorities, as 
220.27 	applicable.
220.28 	(E) A state that has been terminated is responsible for all assessments, obligations, and 
220.29 	liabilities incurred through the effective date of termination, including obligations that 
220.30 	extend beyond the effective date of termination.
220.31 	(F) Upon the termination of a state's participation in this compact, that state shall 
220.32 	immediately provide notice to all licensees of the state, including licensees of other 
220.33 	participating states issued a compact privilege to practice within that state, of such 
221.1 	termination. The terminated state shall continue to recognize all compact privileges then in 
221.2 	effect in that state for a minimum of 180 days after the date of said notice of termination.
221.3 	(G) The commission shall not bear any costs related to a state that is found to be in 
221.4 	default or that has been terminated from the compact, unless agreed upon in writing between 
221.5 	the commission and the defaulting state.
221.6 	(H) The defaulting state may appeal the action of the commission by petitioning the 
221.7 	United States District Court for the District of Columbia or the federal district where the 
221.8 	commission has its principal offices. The prevailing party shall be awarded all costs of such 
221.9 	litigation, including reasonable attorney fees.
221.10 	(I) Dispute Resolution:
221.11 	(1) Upon request by a participating state, the commission shall attempt to resolve disputes 
221.12 	related to the compact that arise among participating states and between participating states 
221.13 	and nonparticipating states.
221.14 	(2) The commission shall promulgate a rule providing for both mediation and binding 
221.15 	dispute resolution for disputes as appropriate.
221.16 	(J) Enforcement:
221.17 	(1) The commission, in the reasonable exercise of its discretion, shall enforce the 
221.18 	provisions of this compact and the commission's rules.
221.19 	(2) By majority vote, the commission may initiate legal action against a participating 
221.20 	state in default in the United States District Court for the District of Columbia or the federal 
221.21 	district where the commission has its principal offices to enforce compliance with the 
221.22 	provisions of the compact and its promulgated rules. The relief sought may include both 
221.23 	injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing 
221.24 	party shall be awarded all costs of such litigation, including reasonable attorney fees. The 
221.25 	remedies herein shall not be the exclusive remedies of the commission. The commission 
221.26 	may pursue any other remedies available under federal or the defaulting participating state's 
221.27 	law.
221.28 	(3) A participating state may initiate legal action against the commission in the United 
221.29 	States District Court for the District of Columbia or the federal district where the commission 
221.30 	has its principal offices to enforce compliance with the provisions of the compact and its 
221.31 	promulgated rules. The relief sought may include both injunctive relief and damages. In the 
221.32 	event judicial enforcement is necessary, the prevailing party shall be awarded all costs of 
221.33 	such litigation, including reasonable attorney fees.
222.1 	(4) No individual or entity other than a participating state may enforce this compact 
222.2 	against the commission.
222.3 	ARTICLE XI
222.4 	EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
222.5 	(A) The compact shall come into effect on the date on which the compact statute is 
222.6 	enacted into law in the seventh participating state.
222.7 	(1) On or after the effective date of the compact, the commission shall convene and 
222.8 	review the enactment of each of the states that enacted the compact prior to the commission 
222.9 	convening ("charter participating states") to determine if the statute enacted by each such 
222.10 	charter participating state is materially different than the model compact.
222.11 	(i) A charter participating state whose enactment is found to be materially different from 
222.12 	the model compact shall be entitled to the default process set forth in article X.
222.13 	(ii) If any participating state is later found to be in default, or is terminated or withdraws 
222.14 	from the compact, the commission shall remain in existence and the compact shall remain 
222.15 	in effect even if the number of participating states should be less than seven.
222.16 	(2) Participating states enacting the compact subsequent to the charter participating states 
222.17 	shall be subject to the process set forth in article VII, (C)(23), to determine if their enactments 
222.18 	are materially different from the model compact and whether they qualify for participation 
222.19 	in the compact.
222.20 	(3) All actions taken for the benefit of the commission or in furtherance of the purposes 
222.21 	of the administration of the compact prior to the effective date of the compact or the 
222.22 	commission coming into existence shall be considered to be actions of the commission 
222.23 	unless specifically repudiated by the commission.
222.24 	(4) Any state that joins the compact subsequent to the commission's initial adoption of 
222.25 	the rules and bylaws shall be subject to the commission's rules and bylaws as they exist on 
222.26 	the date on which the compact becomes law in that state. Any rule that has been previously 
222.27 	adopted by the commission shall have the full force and effect of law on the day the compact 
222.28 	becomes law in that state.
222.29 	(B) Any participating state may withdraw from this compact by enacting a statute 
222.30 	repealing that state's enactment of the compact.
222.31 	(1) A participating state's withdrawal shall not take effect until 180 days after enactment 
222.32 	of the repealing statute.
223.1 	(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's 
223.2 	licensing authority or authorities to comply with the investigative and adverse action reporting 
223.3 	requirements of this compact prior to the effective date of withdrawal.
223.4 	(3) Upon the enactment of a statute withdrawing from this compact, the state shall 
223.5 	immediately provide notice of such withdrawal to all licensees within that state. 
223.6 	Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing 
223.7 	state shall continue to recognize all compact privileges to practice within that state granted 
223.8 	pursuant to this compact for a minimum of 180 days after the date of such notice of 
223.9 	withdrawal.
223.10 	(C) Nothing contained in this compact shall be construed to invalidate or prevent any 
223.11 	licensure agreement or other cooperative arrangement between a participating state and a 
223.12 	nonparticipating state that does not conflict with the provisions of this compact.
223.13 	(D) This compact may be amended by the participating states. No amendment to this 
223.14 	compact shall become effective and binding upon any participating state until it is enacted 
223.15 	into the laws of all participating states.
223.16 	ARTICLE XII
223.17 	CONSTRUCTION AND SEVERABILITY
223.18 	(A) This compact and the commission's rulemaking authority shall be liberally construed 
223.19 	so as to effectuate the purposes and the implementation and administration of the compact. 
223.20 	Provisions of the compact expressly authorizing or requiring the promulgation of rules shall 
223.21 	not be construed to limit the commission's rulemaking authority solely for those purposes.
223.22 	(B) The provisions of this compact shall be severable and if any phrase, clause, sentence, 
223.23 	or provision of this compact is held by a court of competent jurisdiction to be contrary to 
223.24 	the constitution of any participating state, a state seeking participation in the compact, or 
223.25 	of the United States, or the applicability thereof to any government, agency, person, or 
223.26 	circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity 
223.27 	of the remainder of this compact and the applicability thereof to any other government, 
223.28 	agency, person, or circumstance shall not be affected thereby.
223.29 	(C) Notwithstanding (B) of this article, the commission may deny a state's participation 
223.30 	in the compact or, in accordance with the requirements of article X, (B), terminate a 
223.31 	participating state's participation in the compact, if it determines that a constitutional 
223.32 	requirement of a participating state is a material departure from the compact. Otherwise, if 
223.33 	this compact shall be held to be contrary to the constitution of any participating state, the 
224.1 	compact shall remain in full force and effect as to the remaining participating states and in 
224.2 	full force and effect as to the participating state affected as to all severable matters.
224.3 	ARTICLE XIII
224.4 	CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
224.5 	(A) Nothing herein shall prevent or inhibit the enforcement of any other law of a 
224.6 	participating state that is not inconsistent with the compact.
224.7 	(B) Any laws, statutes, regulations, or other legal requirements in a participating state 
224.8 	in conflict with the compact are superseded to the extent of the conflict.
224.9 	(C) All permissible agreements between the commission and the participating states are 
224.10 	binding in accordance with their terms.

224.11 	ARTICLE 20
224.12 	SOCIAL WORKERS

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

224.16 	Sec. 2. [148E.41] DEFINITIONS.
224.17 	As used in this Compact, and except as otherwise provided, the following definitions 
224.18 	shall apply:
224.19 	(1) "Active military member" means any individual with full-time duty status in the 
224.20 	active armed forces of the United States, including members of the National Guard and 
224.21 	Reserve.
224.22 	(2) "Adverse action" means any administrative, civil, equitable, or criminal action 
224.23 	permitted by a state's laws which is imposed by a licensing authority or other authority 
224.24 	against a regulated social worker, including actions against an individual's license or 
224.25 	multistate authorization to practice such as revocation, suspension, probation, monitoring 
224.26 	of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure 
224.27 	affecting a regulated social worker's authorization to practice, including issuance of a cease 
224.28 	and desist action.
224.29 	(3) "Alternative program" means a nondisciplinary monitoring or practice remediation 
224.30 	process approved by a licensing authority to address practitioners with an impairment.
225.1 	(4) "Charter member states" means member states who have enacted legislation to adopt 
225.2 	this Compact where such legislation predates the effective date of this Compact as described 
225.3 	in section 148E.53.
225.4 	(5) "Compact" means sections 148E.40 to 148E.55.
225.5 	(6) "Compact Commission" or "Commission" means the government agency whose 
225.6 	membership consists of all States that have enacted this Compact, which is known as the 
225.7 	Social Work Licensure Compact Commission, as described in section 148E.49, and which 
225.8 	shall operate as an instrumentality of the member states.
225.9 	(7) "Current significant investigative information" means:
225.10 	(i) investigative information that a licensing authority, after a preliminary inquiry that 
225.11 	includes notification and an opportunity for the regulated social worker to respond, has 
225.12 	reason to believe is not groundless and, if proved true, would indicate more than a minor 
225.13 	infraction as may be defined by the Commission; or
225.14 	(ii) investigative information that indicates that the regulated social worker represents 
225.15 	an immediate threat to public health and safety, as may be defined by the Commission, 
225.16 	regardless of whether the regulated social worker has been notified and has had an 
225.17 	opportunity to respond.
225.18 	(8) "Data system" means a repository of information about licensees, including continuing 
225.19 	education, examinations, licensure, current significant investigative information, disqualifying 
225.20 	events, multistate licenses, and adverse action information or other information as required 
225.21 	by the Commission.
225.22 	(9) "Disqualifying event" means any adverse action or incident which results in an 
225.23 	encumbrance that disqualifies or makes the licensee ineligible to obtain, retain, or renew a 
225.24 	multistate license.
225.25 	(10) "Domicile" means the jurisdiction in which the licensee resides and intends to 
225.26 	remain indefinitely.
225.27 	(11) "Encumbrance" means a revocation or suspension of, or any limitation on, the full 
225.28 	and unrestricted practice of social work licensed and regulated by a licensing authority.
225.29 	(12) "Executive Committee" means a group of delegates elected or appointed to act on 
225.30 	behalf of, and within the powers granted to them by, the Compact and Commission.
225.31 	(13) "Home state" means the member state that is the licensee's primary domicile.
226.1 	(14) "Impairment" means a condition that may impair a practitioner's ability to engage 
226.2 	in full and unrestricted practice as a regulated social worker without some type of intervention 
226.3 	and may include alcohol and drug dependence, mental health impairment, and neurological 
226.4 	or physical impairments.
226.5 	(15) "Licensee" means an individual who currently holds a license from a state to practice 
226.6 	as a regulated social worker.
226.7 	(16) "Licensing authority" means the board or agency of a member state, or equivalent, 
226.8 	that is responsible for the licensing and regulation of regulated social workers.
226.9 	(17) "Member state" means a state, commonwealth, district, or territory of the United 
226.10 	States of America that has enacted this Compact.
226.11 	(18) "Multistate authorization to practice" means a legally authorized privilege to practice, 
226.12 	which is equivalent to a license, associated with a multistate license permitting the practice 
226.13 	of social work in a remote state.
226.14 	(19) "Multistate license" means a license to practice as a regulated social worker issued 
226.15 	by a home state licensing authority that authorizes the regulated social worker to practice 
226.16 	in all member states under multistate authorization to practice.
226.17 	(20) "Qualifying national exam" means a national licensing examination approved by 
226.18 	the Commission.
226.19 	(21) "Regulated social worker" means any clinical, master's, or bachelor's social worker 
226.20 	licensed by a member state regardless of the title used by that member state.
226.21 	(22) "Remote state" means a member state other than the licensee's home state.
226.22 	(23) "Rule" or "rule of the Commission" means a regulation or regulations duly 
226.23 	promulgated by the Commission, as authorized by the Compact, that has the force of law.
226.24 	(24) "Single state license" means a social work license issued by any state that authorizes 
226.25 	practice only within the issuing state and does not include multistate authorization to practice 
226.26 	in any member state.
226.27 	(25) "Social work" or "social work services" means the application of social work theory, 
226.28 	knowledge, methods, ethics, and the professional use of self to restore or enhance social, 
226.29 	psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, 
226.30 	organizations, and communities through the care and services provided by a regulated social 
226.31 	worker as set forth in the member state's statutes and regulations in the state where the 
226.32 	services are being provided.
227.1 	(26) "State" means any state, commonwealth, district, or territory of the United States 
227.2 	of America that regulates the practice of social work.
227.3 	(27) "Unencumbered license" means a license that authorizes a regulated social worker 
227.4 	to engage in the full and unrestricted practice of social work.

227.5 	Sec. 3. [148E.42] STATE PARTICIPATION IN THE COMPACT.
227.6 	(a) To be eligible to participate in the compact, a potential member state must currently 
227.7 	meet all of the following criteria:
227.8 	(1) license and regulate the practice of social work at either the clinical, master's, or 
227.9 	bachelor's category;
227.10 	(2) require applicants for licensure to graduate from a program that:
227.11 	(i) is operated by a college or university recognized by the licensing authority;
227.12 	(ii) is accredited, or in candidacy by an institution that subsequently becomes accredited, 
227.13 	by an accrediting agency recognized by either:
227.14 	(A) the Council for Higher Education Accreditation, or its successor; or
227.15 	(B) the United States Department of Education; and
227.16 	(iii) corresponds to the licensure sought as outlined in section 148E.43;
227.17 	(3) require applicants for clinical licensure to complete a period of supervised practice; 
227.18 	and
227.19 	(4) have a mechanism in place for receiving, investigating, and adjudicating complaints 
227.20 	about licensees.
227.21 	(b) To maintain membership in the Compact, a member state shall:
227.22 	(1) require that applicants for a multistate license pass a qualifying national exam for 
227.23 	the corresponding category of multistate license sought as outlined in section 148E.43;
227.24 	(2) participate fully in the Commission's data system, including using the Commission's 
227.25 	unique identifier as defined in rules;
227.26 	(3) notify the Commission, in compliance with the terms of the Compact and rules, of 
227.27 	any adverse action or the availability of current significant investigative information regarding 
227.28 	a licensee;
227.29 	(4) implement procedures for considering the criminal history records of applicants for 
227.30 	a multistate license. Such procedures shall include the submission of fingerprints or other 
228.1 	biometric-based information by applicants for the purpose of obtaining an applicant's criminal 
228.2 	history record information from the Federal Bureau of Investigation and the agency 
228.3 	responsible for retaining that state's criminal records;
228.4 	(5) comply with the rules of the Commission;
228.5 	(6) require an applicant to obtain or retain a license in the home state and meet the home 
228.6 	state's qualifications for licensure or renewal of licensure, as well as all other applicable 
228.7 	home state laws;
228.8 	(7) authorize a licensee holding a multistate license in any member state to practice in 
228.9 	accordance with the terms of the Compact and rules of the Commission; and
228.10 	(8) designate a delegate to participate in the Commission meetings.
228.11 	(c) A member state meeting the requirements of paragraphs (a) and (b) shall designate 
228.12 	the categories of social work licensure that are eligible for issuance of a multistate license 
228.13 	for applicants in such member state. To the extent that any member state does not meet the 
228.14 	requirements for participation in the Compact at any particular category of social work 
228.15 	licensure, such member state may choose but is not obligated to issue a multistate license 
228.16 	to applicants that otherwise meet the requirements of section 148E.43 for issuance of a 
228.17 	multistate license in such category or categories of licensure.
228.18 	(d) The home state may charge a fee for granting the multistate license.

228.19 	Sec. 4. [148E.43] SOCIAL WORKER PARTICIPATION IN THE COMPACT.
228.20 	(a) To be eligible for a multistate license under the terms and provisions of the Compact, 
228.21 	an applicant, regardless of category, must:
228.22 	(1) hold or be eligible for an active, unencumbered license in the home state;
228.23 	(2) pay any applicable fees, including any state fee, for the multistate license;
228.24 	(3) submit, in connection with an application for a multistate license, fingerprints or 
228.25 	other biometric data for the purpose of obtaining criminal history record information from 
228.26 	the Federal Bureau of Investigation and the agency responsible for retaining that state's 
228.27 	criminal records;
228.28 	(4) notify the home state of any adverse action, encumbrance, or restriction on any 
228.29 	professional license taken by any member state or nonmember state within 30 days from 
228.30 	the date the action is taken;
228.31 	(5) meet any continuing competence requirements established by the home state; and
229.1 	(6) abide by the laws, regulations, and applicable standards in the member state where 
229.2 	the client is located at the time care is rendered.
229.3 	(b) An applicant for a clinical-category multistate license must meet all of the following 
229.4 	requirements:
229.5 	(1) fulfill a competency requirement, which shall be satisfied by either:
229.6 	(i) passage of a clinical-category qualifying national exam;
229.7 	(ii) licensure of the applicant in their home state at the clinical category, beginning prior 
229.8 	to such time as a qualifying national exam was required by the home state and accompanied 
229.9 	by a period of continuous social work licensure thereafter, all of which may be further 
229.10 	governed by the rules of the Commission; or
229.11 	(iii) the substantial equivalency of the foregoing competency requirements which the 
229.12 	Commission may determine by rule;
229.13 	(2) attain at least a master's degree in social work from a program that is:
229.14 	(i) operated by a college or university recognized by the licensing authority; and
229.15 	(ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting 
229.16 	agency recognized by either:
229.17 	(A) the Council for Higher Education Accreditation or its successor; or
229.18 	(B) the United States Department of Education; and
229.19 	(3) fulfill a practice requirement, which shall be satisfied by demonstrating completion 
229.20 	of:
229.21 	(i) a period of postgraduate supervised clinical practice equal to a minimum of 3,000 
229.22 	hours;
229.23 	(ii) a minimum of two years of full-time postgraduate supervised clinical practice; or
229.24 	(iii) the substantial equivalency of the foregoing practice requirements which the 
229.25 	Commission may determine by rule.
229.26 	(c) An applicant for a master's-category multistate license must meet all of the following 
229.27 	requirements:
229.28 	(1) fulfill a competency requirement, which shall be satisfied by either:
229.29 	(i) passage of a masters-category qualifying national exam;
230.1 	(ii) licensure of the applicant in their home state at the master's category, beginning prior 
230.2 	to such time as a qualifying national exam was required by the home state at the master's 
230.3 	category and accompanied by a continuous period of social work licensure thereafter, all 
230.4 	of which may be further governed by the rules of the Commission; or
230.5 	(iii) the substantial equivalency of the foregoing competency requirements which the 
230.6 	Commission may determine by rule; and
230.7 	(2) attain at least a master's degree in social work from a program that is:
230.8 	(i) operated by a college or university recognized by the licensing authority; and
230.9 	(ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting 
230.10 	agency recognized by either:
230.11 	(A) the Council for Higher Education Accreditation or its successor; or
230.12 	(B) the United States Department of Education.
230.13 	(d) An applicant for a bachelor's-category multistate license must meet all of the following 
230.14 	requirements:
230.15 	(1) fulfill a competency requirement, which shall be satisfied by either:
230.16 	(i) passage of a bachelor's-category qualifying national exam;
230.17 	(ii) licensure of the applicant in their home state at the bachelor's category, beginning 
230.18 	prior to such time as a qualifying national exam was required by the home state and 
230.19 	accompanied by a period of continuous social work licensure thereafter, all of which may 
230.20 	be further governed by the rules of the Commission; or
230.21 	(iii) the substantial equivalency of the foregoing competency requirements which the 
230.22 	Commission may determine by rule; and
230.23 	(2) attain at least a bachelor's degree in social work from a program that is:
230.24 	(i) operated by a college or university recognized by the licensing authority; and
230.25 	(ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting 
230.26 	agency recognized by either:
230.27 	(A) the Council for Higher Education Accreditation or its successor; or
230.28 	(B) the United States Department of Education.
231.1 	(e) The multistate license for a regulated social worker is subject to the renewal 
231.2 	requirements of the home state. The regulated social worker must maintain compliance with 
231.3 	the requirements of paragraph (a) to be eligible to renew a multistate license.
231.4 	(f) The regulated social worker's services in a remote state are subject to that member 
231.5 	state's regulatory authority. A remote state may, in accordance with due process and that 
231.6 	member state's laws, remove a regulated social worker's multistate authorization to practice 
231.7 	in the remote state for a specific period of time, impose fines, and take any other necessary 
231.8 	actions to protect the health and safety of its citizens.
231.9 	(g) If a multistate license is encumbered, the regulated social worker's multistate 
231.10 	authorization to practice shall be deactivated in all remote states until the multistate license 
231.11 	is no longer encumbered.
231.12 	(h) If a multistate authorization to practice is encumbered in a remote state, the regulated 
231.13 	social worker's multistate authorization to practice may be deactivated in that state until the 
231.14 	multistate authorization to practice is no longer encumbered.

231.15 	Sec. 5. [148E.44] ISSUANCE OF A MULTISTATE LICENSE.
231.16 	(a) Upon receipt of an application for multistate license, the home state licensing authority 
231.17 	shall determine the applicant's eligibility for a multistate license in accordance with section 
231.18 	148E.43.
231.19 	(b) If such applicant is eligible pursuant to section 148E.43, the home state licensing 
231.20 	authority shall issue a multistate license that authorizes the applicant or regulated social 
231.21 	worker to practice in all member states under a multistate authorization to practice.
231.22 	(c) Upon issuance of a multistate license, the home state licensing authority shall designate 
231.23 	whether the regulated social worker holds a multistate license in the bachelor's, master's, 
231.24 	or clinical category of social work.
231.25 	(d) A multistate license issued by a home state to a resident in that state shall be 
231.26 	recognized by all Compact member states as authorizing social work practice under a 
231.27 	multistate authorization to practice corresponding to each category of licensure regulated 
231.28 	in each member state.

231.29 	Sec. 6. [148E.45] AUTHORITY OF INTERSTATE COMPACT COMMISSION 
231.30 	AND MEMBER STATE LICENSING AUTHORITIES.
231.31 	(a) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 
231.32 	restrict, or in any way reduce the ability of a member state to enact and enforce laws, 
232.1 	regulations, or other rules related to the practice of social work in that state, where those 
232.2 	laws, regulations, or other rules are not inconsistent with the provisions of this Compact.
232.3 	(b) Nothing in this Compact shall affect the requirements established by a member state 
232.4 	for the issuance of a single state license.
232.5 	(c) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 
232.6 	restrict, or in any way reduce the ability of a member state to take adverse action against a 
232.7 	licensee's single state license to practice social work in that state.
232.8 	(d) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 
232.9 	restrict, or in any way reduce the ability of a remote state to take adverse action against a 
232.10 	licensee's multistate authorization to practice in that state.
232.11 	(e) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 
232.12 	restrict, or in any way reduce the ability of a licensee's home state to take adverse action 
232.13 	against a licensee's multistate license based upon information provided by a remote state.

232.14 	Sec. 7. [148E.46] REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME 
232.15 	STATE.
232.16 	(a) A licensee can hold a multistate license, issued by their home state, in only one 
232.17 	member state at any given time.
232.18 	(b) If a licensee changes their home state by moving between two member states:
232.19 	(1) The licensee shall immediately apply for the reissuance of their multistate license in 
232.20 	their new home state. The licensee shall pay all applicable fees and notify the prior home 
232.21 	state in accordance with the rules of the Commission.
232.22 	(2) Upon receipt of an application to reissue a multistate license, the new home state 
232.23 	shall verify that the multistate license is active, unencumbered, and eligible for reissuance 
232.24 	under the terms of the Compact and the rules of the Commission. The multistate license 
232.25 	issued by the prior home state will be deactivated and all member states notified in 
232.26 	accordance with the applicable rules adopted by the Commission.
232.27 	(3) Prior to the reissuance of the multistate license, the new home state shall conduct 
232.28 	procedures for considering the criminal history records of the licensee. Such procedures 
232.29 	shall include the submission of fingerprints or other biometric-based information by 
232.30 	applicants for the purpose of obtaining an applicant's criminal history record information 
232.31 	from the Federal Bureau of Investigation and the agency responsible for retaining that state's 
232.32 	criminal records.
233.1 	(4) If required for initial licensure, the new home state may require completion of 
233.2 	jurisprudence requirements in the new home state.
233.3 	(5) Notwithstanding any other provision of this Compact, if a licensee does not meet 
233.4 	the requirements set forth in this Compact for the reissuance of a multistate license by the 
233.5 	new home state, then the licensee shall be subject to the new home state requirements for 
233.6 	the issuance of a single state license in that state.
233.7 	(c) If a licensee changes their primary state of residence by moving from a member state 
233.8 	to a nonmember state, or from a nonmember state to a member state, then the licensee shall 
233.9 	be subject to the state requirements for the issuance of a single state license in the new home 
233.10 	state.
233.11 	(d) Nothing in this Compact shall interfere with a licensee's ability to hold a single state 
233.12 	license in multiple states; however, for the purposes of this Compact, a licensee shall have 
233.13 	only one home state, and only one multistate license.
233.14 	(e) Nothing in this Compact shall interfere with the requirements established by a member 
233.15 	state for the issuance of a single state license.

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

233.20 	Sec. 9. [148E.48] ADVERSE ACTIONS.
233.21 	(a) In addition to the other powers conferred by state law, a remote state shall have the 
233.22 	authority, in accordance with existing state due process law, to:
233.23 	(1) take adverse action against a regulated social worker's multistate authorization to 
233.24 	practice only within that member state, and issue subpoenas for both hearings and 
233.25 	investigations that require the attendance and testimony of witnesses as well as the production 
233.26 	of evidence. Subpoenas issued by a licensing authority in a member state for the attendance 
233.27 	and testimony of witnesses or the production of evidence from another member state shall 
233.28 	be enforced in the latter state by any court of competent jurisdiction, according to the practice 
233.29 	and procedure of that court applicable to subpoenas issued in proceedings pending before 
233.30 	it. The issuing licensing authority shall pay any witness fees, travel expenses, mileage, and 
233.31 	other fees required by the service statutes of the state in which the witnesses or evidence 
233.32 	are located; and
234.1 	(2) only the home state shall have the power to take adverse action against a regulated 
234.2 	social worker's multistate license.
234.3 	(b) For purposes of taking adverse action, the home state shall give the same priority 
234.4 	and effect to reported conduct received from a member state as it would if the conduct had 
234.5 	occurred within the home state. In so doing, the home state shall apply its own state laws 
234.6 	to determine appropriate action.
234.7 	(c) The home state shall complete any pending investigations of a regulated social worker 
234.8 	who changes their home state during the course of the investigations. The home state shall 
234.9 	also have the authority to take appropriate action and shall promptly report the conclusions 
234.10 	of the investigations to the administrator of the data system. The administrator of the data 
234.11 	system shall promptly notify the new home state of any adverse actions.
234.12 	(d) A member state, if otherwise permitted by state law, may recover from the affected 
234.13 	regulated social worker the costs of investigations and dispositions of cases resulting from 
234.14 	any adverse action taken against that regulated social worker.
234.15 	(e) A member state may take adverse action based on the factual findings of another 
234.16 	member state, provided that the member state follows its own procedures for taking the 
234.17 	adverse action.
234.18 	(f) Joint investigations:
234.19 	(1) In addition to the authority granted to a member state by its respective social work 
234.20 	practice act or other applicable state law, any member state may participate with other 
234.21 	member states in joint investigations of licensees.
234.22 	(2) Member states shall share any investigative, litigation, or compliance materials in 
234.23 	furtherance of any joint or individual investigation initiated under the Compact.
234.24 	(g) If adverse action is taken by the home state against the multistate license of a regulated 
234.25 	social worker, the regulated social worker's multistate authorization to practice in all other 
234.26 	member states shall be deactivated until all encumbrances have been removed from the 
234.27 	multistate license. All home state disciplinary orders that impose adverse action against the 
234.28 	license of a regulated social worker shall include a statement that the regulated social worker's 
234.29 	multistate authorization to practice is deactivated in all member states until all conditions 
234.30 	of the decision, order, or agreement are satisfied.
234.31 	(h) If a member state takes adverse action, it shall promptly notify the administrator of 
234.32 	the data system. The administrator of the data system shall promptly notify the home state 
234.33 	and all other member states of any adverse actions by remote states.
235.1 	(i) Nothing in this compact shall override a member state's decision that participation 
235.2 	in an alternative program may be used in lieu of adverse action.
235.3 	(j) Nothing in this Compact shall authorize a member state to demand the issuance of 
235.4 	subpoenas for attendance and testimony of witnesses or the production of evidence from 
235.5 	another member state for lawful actions within that member state.
235.6 	(k) Nothing in this Compact shall authorize a member state to impose discipline against 
235.7 	a regulated social worker who holds a multistate authorization to practice for lawful actions 
235.8 	within another member state.

235.9 	Sec. 10. [148E.49] ESTABLISHMENT OF SOCIAL WORK LICENSURE 
235.10 	COMPACT COMMISSION.
235.11 	(a) The Compact member states hereby create and establish a joint government agency 
235.12 	whose membership consists of all member states that have enacted the compact known as 
235.13 	the Social Work Licensure Compact Commission. The Commission is an instrumentality 
235.14 	of the Compact states acting jointly and not an instrumentality of any one state. The 
235.15 	Commission shall come into existence on or after the effective date of the Compact as set 
235.16 	forth in section 148E.53.
235.17 	(b) Membership, voting, and meetings:
235.18 	(1) Each member state shall have and be limited to one delegate selected by that member 
235.19 	state's state licensing authority.
235.20 	(2) The delegate shall be either:
235.21 	(i) a current member of the state licensing authority at the time of appointment, who is 
235.22 	a regulated social worker or public member of the state licensing authority; or
235.23 	(ii) an administrator of the state licensing authority or their designee.
235.24 	(3) The Commission shall by rule or bylaw establish a term of office for delegates and 
235.25 	may by rule or bylaw establish term limits.
235.26 	(4) The Commission may recommend removal or suspension of any delegate from office.
235.27 	(5) A member state's state licensing authority shall fill any vacancy of its delegate 
235.28 	occurring on the Commission within 60 days of the vacancy.
235.29 	(6) Each delegate shall be entitled to one vote on all matters before the Commission 
235.30 	requiring a vote by Commission delegates.
236.1 	(7) A delegate shall vote in person or by such other means as provided in the bylaws. 
236.2 	The bylaws may provide for delegates to meet by telecommunication, video conference, or 
236.3 	other means of communication.
236.4 	(8) The Commission shall meet at least once during each calendar year. Additional 
236.5 	meetings may be held as set forth in the bylaws. The Commission may meet by 
236.6 	telecommunication, video conference, or other similar electronic means.
236.7 	(c) The Commission shall have the following powers:
236.8 	(1) establish the fiscal year of the Commission;
236.9 	(2) establish code of conduct and conflict of interest policies;
236.10 	(3) establish and amend rules and bylaws;
236.11 	(4) maintain its financial records in accordance with the bylaws;
236.12 	(5) meet and take such actions as are consistent with the provisions of this Compact, the 
236.13 	Commission's rules, and the bylaws;
236.14 	(6) initiate and conclude legal proceedings or actions in the name of the Commission, 
236.15 	provided that the standing of any state licensing board to sue or be sued under applicable 
236.16 	law shall not be affected;
236.17 	(7) maintain and certify records and information provided to a member state as the 
236.18 	authenticated business records of the Commission, and designate an agent to do so on the 
236.19 	Commission's behalf;
236.20 	(8) purchase and maintain insurance and bonds;
236.21 	(9) borrow, accept, or contract for services of personnel, including but not limited to 
236.22 	employees of a member state;
236.23 	(10) conduct an annual financial review;
236.24 	(11) hire employees, elect or appoint officers, fix compensation, define duties, grant 
236.25 	such individuals appropriate authority to carry out the purposes of the Compact, and establish 
236.26 	the Commission's personnel policies and programs relating to conflicts of interest, 
236.27 	qualifications of personnel, and other related personnel matters;
236.28 	(12) assess and collect fees;
236.29 	(13) accept any and all appropriate gifts, donations, grants of money, other sources of 
236.30 	revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of 
237.1 	the same, provided that at all times the Commission shall avoid any appearance of 
237.2 	impropriety or conflict of interest;
237.3 	(14) lease, purchase, retain, own, hold, improve, or use any property real, personal, or 
237.4 	mixed, or any undivided interest therein;
237.5 	(15) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of 
237.6 	any property real, personal, or mixed;
237.7 	(16) establish a budget and make expenditures;
237.8 	(17) borrow money;
237.9 	(18) appoint committees, including standing committees, composed of members, state 
237.10 	regulators, state legislators or their representatives, and consumer representatives, and such 
237.11 	other interested persons as may be designated in this Compact and the bylaws;
237.12 	(19) provide and receive information from, and cooperate with, law enforcement agencies;
237.13 	(20) establish and elect an Executive Committee, including a chair and a vice chair;
237.14 	(21) determine whether a state's adopted language is materially different from the model 
237.15 	compact language such that the state would not qualify for participation in the Compact; 
237.16 	and
237.17 	(22) perform such other functions as may be necessary or appropriate to achieve the 
237.18 	purposes of this Compact.
237.19 	(d) The Executive Committee:
237.20 	(1) The Executive Committee shall have the power to act on behalf of the Commission 
237.21 	according to the terms of this Compact. The powers, duties, and responsibilities of the 
237.22 	Executive Committee shall include:
237.23 	(i) oversee the day-to-day activities of the administration of the Compact, including 
237.24 	enforcement and compliance with the provisions of the Compact, its rules and bylaws, and 
237.25 	other such duties as deemed necessary;
237.26 	(ii) recommend to the Commission changes to the rules or bylaws, changes to this 
237.27 	Compact legislation, fees charged to Compact member states, fees charged to licensees, 
237.28 	and other fees;
237.29 	(iii) ensure Compact administration services are appropriately provided, including by 
237.30 	contract;
237.31 	(iv) prepare and recommend the budget;
238.1 	(v) maintain financial records on behalf of the Commission;
238.2 	(vi) monitor Compact compliance of member states and provide compliance reports to 
238.3 	the Commission;
238.4 	(vii) establish additional committees as necessary;
238.5 	(viii) exercise the powers and duties of the Commission during the interim between 
238.6 	Commission meetings, except for adopting or amending rules, adopting or amending bylaws, 
238.7 	and exercising any other powers and duties expressly reserved to the Commission by rule 
238.8 	or bylaw; and
238.9 	(ix) other duties as provided in the rules or bylaws of the Commission.
238.10 	(2) The Executive Committee shall be composed of up to 11 members:
238.11 	(i) the chair and vice chair of the Commission shall be voting members of the Executive 
238.12 	Committee;
238.13 	(ii) the Commission shall elect five voting members from the current membership of 
238.14 	the Commission;
238.15 	(iii) up to four ex-officio, nonvoting members from four recognized national social work 
238.16 	organizations; and
238.17 	(iv) the ex-officio members will be selected by their respective organizations.
238.18 	(3) The Commission may remove any member of the Executive Committee as provided 
238.19 	in the Commission's bylaws.
238.20 	(4) The Executive Committee shall meet at least annually.
238.21 	(i) Executive Committee meetings shall be open to the public, except that the Executive 
238.22 	Committee may meet in a closed, nonpublic meeting as provided in paragraph (f), clause 
238.23 	(2).
238.24 	(ii) The Executive Committee shall give seven days' notice of its meetings posted on its 
238.25 	website and as determined to provide notice to persons with an interest in the business of 
238.26 	the Commission.
238.27 	(iii) The Executive Committee may hold a special meeting in accordance with paragraph 
238.28 	(f), clause (1), item (ii).
238.29 	(e) The Commission shall adopt and provide to the member states an annual report.
238.30 	(f) Meetings of the Commission:
239.1 	(1) All meetings shall be open to the public, except that the Commission may meet in a 
239.2 	closed, nonpublic meeting as provided in paragraph (f), clause (2).
239.3 	(i) Public notice for all meetings of the full Commission of meetings shall be given in 
239.4 	the same manner as required under the rulemaking provisions in section 148E.51, except 
239.5 	that the Commission may hold a special meeting as provided in paragraph (f), clause (1), 
239.6 	item (ii).
239.7 	(ii) The Commission may hold a special meeting when it must meet to conduct emergency 
239.8 	business by giving 48 hours' notice to all commissioners on the Commission's website and 
239.9 	other means as provided in the Commission's rules. The Commission's legal counsel shall 
239.10 	certify that the Commission's need to meet qualifies as an emergency.
239.11 	(2) The Commission or the Executive Committee or other committees of the Commission 
239.12 	may convene in a closed, nonpublic meeting for the Commission or Executive Committee 
239.13 	or other committees of the Commission to receive legal advice or to discuss:
239.14 	(i) noncompliance of a member state with its obligations under the Compact;
239.15 	(ii) the employment, compensation, discipline, or other matters, practices, or procedures 
239.16 	related to specific employees;
239.17 	(iii) current or threatened discipline of a licensee by the Commission or by a member 
239.18 	state's licensing authority;
239.19 	(iv) current, threatened, or reasonably anticipated litigation;
239.20 	(v) negotiation of contracts for the purchase, lease, or sale of goods, services, or real 
239.21 	estate;
239.22 	(vi) accusing any person of a crime or formally censuring any person;
239.23 	(vii) trade secrets or commercial or financial information that is privileged or confidential;
239.24 	(viii) information of a personal nature where disclosure would constitute a clearly 
239.25 	unwarranted invasion of personal privacy;
239.26 	(ix) investigative records compiled for law enforcement purposes;
239.27 	(x) information related to any investigative reports prepared by or on behalf of or for 
239.28 	use of the Commission or other committee charged with responsibility of investigation or 
239.29 	determination of compliance issues pursuant to the Compact;
239.30 	(xi) matters specifically exempted from disclosure by federal or member state law; or
239.31 	(xii) other matters as promulgated by the Commission by rule.
240.1 	(3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that 
240.2 	the meeting will be closed and reference each relevant exempting provision, and such 
240.3 	reference shall be recorded in the minutes.
240.4 	(4) The Commission shall keep minutes that fully and clearly describe all matters 
240.5 	discussed in a meeting and shall provide a full and accurate summary of actions taken, and 
240.6 	the reasons therefore, including a description of the views expressed. All documents 
240.7 	considered in connection with an action shall be identified in such minutes. All minutes and 
240.8 	documents of a closed meeting shall remain under seal, subject to release only by a majority 
240.9 	vote of the Commission or order of a court of competent jurisdiction.
240.10 	(g) Financing of the Commission:
240.11 	(1) The Commission shall pay, or provide for the payment of, the reasonable expenses 
240.12 	of its establishment, organization, and ongoing activities.
240.13 	(2) The Commission may accept any and all appropriate revenue sources as provided 
240.14 	in paragraph (c), clause (13).
240.15 	(3) The Commission may levy on and collect an annual assessment from each member 
240.16 	state and impose fees on licensees of member states to whom it grants a multistate license 
240.17 	to cover the cost of the operations and activities of the Commission and its staff, which 
240.18 	must be in a total amount sufficient to cover its annual budget as approved each year for 
240.19 	which revenue is not provided by other sources. The aggregate annual assessment amount 
240.20 	for member states shall be allocated based upon a formula that the Commission shall 
240.21 	promulgate by rule.
240.22 	(4) The Commission shall not incur obligations of any kind prior to securing the funds 
240.23 	adequate to meet the same; nor shall the Commission pledge the credit of any of the member 
240.24 	states, except by and with the authority of the member state.
240.25 	(5) The Commission shall keep accurate accounts of all receipts and disbursements. The 
240.26 	receipts and disbursements of the Commission shall be subject to the financial review and 
240.27 	accounting procedures established under its bylaws. However, all receipts and disbursements 
240.28 	of funds handled by the Commission shall be subject to an annual financial review by a 
240.29 	certified or licensed public accountant, and the report of the financial review shall be included 
240.30 	in and become part of the annual report of the Commission.
240.31 	(h) Qualified immunity, defense, and indemnification:
240.32 	(1) The members, officers, executive director, employees, and representatives of the 
240.33 	Commission shall be immune from suit and liability, both personally and in their official 
241.1 	capacity, for any claim for damage to or loss of property or personal injury or other civil 
241.2 	liability caused by or arising out of any actual or alleged act, error, or omission  that occurred, 
241.3 	or that the person against whom the claim is made had a reasonable basis for believing 
241.4 	occurred within the scope of Commission employment, duties, or responsibilities, provided 
241.5 	that nothing in this paragraph shall be construed to protect any such person from suit or 
241.6 	liability for any damage, loss, injury, or liability caused by the intentional or willful or 
241.7 	wanton misconduct of that person. The procurement of  insurance of any type by the 
241.8 	Commission shall not in any way compromise or limit the immunity granted hereunder.
241.9 	(2) The Commission shall defend any member, officer, executive director, employee, 
241.10 	and representative of the Commission in any civil action seeking to impose liability arising 
241.11 	out of any actual or alleged act, error, or omission that occurred within the scope of 
241.12 	Commission employment, duties, or responsibilities, or as determined by the Commission 
241.13 	that the person against whom the claim is made had a reasonable basis for believing occurred 
241.14 	within the scope of Commission employment, duties, or responsibilities, provided that 
241.15 	nothing herein shall be construed to prohibit that person from retaining their own counsel 
241.16 	at their own expense, and provided further, that the actual or alleged act, error, or omission 
241.17 	did not result from that person's intentional or willful or wanton misconduct.
241.18 	(3) The Commission shall indemnify and hold harmless any member, officer, executive 
241.19 	director, employee, and representative of the Commission for the amount of any settlement 
241.20 	or judgment obtained against that person arising out of any actual or alleged act, error, or 
241.21 	omission that occurred within the scope of Commission employment, duties, or 
241.22 	responsibilities, or that such person had a reasonable basis for believing occurred within 
241.23 	the scope of Commission employment, duties, or responsibilities, provided that the actual 
241.24 	or alleged act, error, or omission did not result from the intentional or willful or wanton 
241.25 	misconduct of that person.
241.26 	(4) Nothing herein shall be construed as a limitation on the liability of any licensee for 
241.27 	professional malpractice or misconduct, which shall be governed solely by any other 
241.28 	applicable state laws.
241.29 	(5) Nothing in this Compact shall be interpreted to waive or otherwise abrogate a member 
241.30 	state's state action immunity or state action affirmative defense with respect to antitrust 
241.31 	claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or 
241.32 	anticompetitive law or regulation.
241.33 	(6) Nothing in this Compact shall be construed to be a waiver of sovereign immunity 
241.34 	by the member states or by the Commission.
242.1 	(i) Notwithstanding paragraph (h), clause (1), the liability of the executive director, 
242.2 	employees, or representatives of the interstate commission, acting within the scope of their 
242.3 	employment or duties, may not exceed the limits of liability set forth under the constitution 
242.4 	and laws of this state for state officials, employees, and agents. This paragraph expressly 
242.5 	incorporates section 3.736, and neither expands nor limits the rights and remedies provided 
242.6 	under that statute.
242.7 	(j) Except for a claim alleging a violation of this compact, a claim against the commission, 
242.8 	its executive director, employees, or representatives alleging a violation of the constitution 
242.9 	and laws of this state may be brought in any county where the plaintiff resides. Nothing in 
242.10 	this paragraph creates a private right of action.

242.11 	Sec. 11. [148E.50] DATA SYSTEM.
242.12 	(a) The Commission shall provide for the development, maintenance, operation, and  
242.13 	utilization of a coordinated data system.
242.14 	(b) The Commission shall assign each applicant for a multistate license a unique identifier, 
242.15 	as determined by the rules of the Commission.
242.16 	(c) Notwithstanding any other provision of state law to the contrary, a member state 
242.17 	shall submit a uniform data set to the data system on all individuals to whom this Compact 
242.18 	is applicable as required by the rules of the Commission, including:
242.19 	(1) identifying information;
242.20 	(2) licensure data;
242.21 	(3) adverse actions against a license and information related thereto;
242.22 	(4) nonconfidential information related to alternative program participation, the beginning 
242.23 	and ending dates of such participation, and other information related to such participation 
242.24 	not made confidential under member state law;
242.25 	(5) any denial of application for licensure, and the reason for such denial;
242.26 	(6) the presence of current significant investigative information; and
242.27 	(7) other information that may facilitate the administration of this Compact or the 
242.28 	protection of the public, as determined by the rules of the Commission.
242.29 	(d) The records and information provided to a member state pursuant to this Compact 
242.30 	or through the data system, when certified by the Commission or an agent thereof, shall 
242.31 	constitute the authenticated business records of the Commission, and shall be entitled to 
243.1 	any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative 
243.2 	proceedings in a member state.
243.3 	(e) Current significant investigative information pertaining to a licensee in any member 
243.4 	state will only be available to other member states.
243.5 	(f) It is the responsibility of the member states to report any adverse action against a 
243.6 	licensee and to monitor the database to determine whether adverse action has been taken 
243.7 	against a licensee. Adverse action information pertaining to a licensee in any member state 
243.8 	will be available to any other member state.
243.9 	(g) Member states contributing information to the data system may designate information 
243.10 	that may not be shared with the public without the express permission of the contributing 
243.11 	state.
243.12 	(h) Any information submitted to the data system that is subsequently expunged pursuant 
243.13 	to federal law or the laws of the member state contributing the information shall be removed 
243.14 	from the data system.

243.15 	Sec. 12. [148E.51] RULEMAKING.
243.16 	(a) The Commission shall promulgate reasonable rules in order to effectively and 
243.17 	efficiently implement and administer the purposes and provisions of the Compact. A rule 
243.18 	shall be invalid and have no force or effect only if a court of competent jurisdiction holds 
243.19 	that the rule is invalid because the Commission exercised its rulemaking authority in a 
243.20 	manner that is beyond the scope and purposes of the Compact, or the powers granted 
243.21 	hereunder, or based upon another applicable standard of review.
243.22 	(b) The rules of the Commission shall have the force of law in each member state, 
243.23 	provided however that where the rules of the Commission conflict with the laws of the 
243.24 	member state that establish the member state's laws, regulations, and applicable standards 
243.25 	that govern the practice of social work as held by a court of competent jurisdiction, the rules 
243.26 	of the Commission shall be ineffective in that state to the extent of the conflict.
243.27 	(c) The Commission shall exercise its rulemaking powers pursuant to the criteria set 
243.28 	forth in this section and the rules adopted thereunder. Rules shall become binding on the 
243.29 	day following adoption or the date specified in the rule or amendment, whichever is later.
243.30 	(d) If a majority of the legislatures of the member states rejects a rule or portion of a 
243.31 	rule, by enactment of a statute or resolution in the same manner used to adopt the Compact 
243.32 	within four years of the date of adoption of the rule, then such rule shall have no further 
243.33 	force and effect in any member state.
244.1 	(e) Rules shall be adopted at a regular or special meeting of the Commission.
244.2 	(f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and 
244.3 	allow persons to provide oral and written comments, data, facts, opinions, and arguments.
244.4 	(g) Prior to adoption of a proposed rule by the Commission, and at least 30 days in 
244.5 	advance of the meeting at which the Commission will hold a public hearing on the proposed 
244.6 	rule, the Commission shall provide a notice of proposed rulemaking:
244.7 	(1) on the website of the Commission or other publicly accessible platform;
244.8 	(2) to persons who have requested notice of the Commission's notices of proposed 
244.9 	rulemaking; and
244.10 	(3) in such other way as the Commission may by rule specify.
244.11 	(h) The notice of proposed rulemaking shall include:
244.12 	(1) the time, date, and location of the public hearing at which the Commission will hear 
244.13 	public comments on the proposed rule and, if different, the time, date, and location of the 
244.14 	meeting where the Commission will consider and vote on the proposed rule;
244.15 	(2) if the hearing is held via telecommunication, video conference, or other electronic 
244.16 	means, the Commission shall include the mechanism for access to the hearing in the notice 
244.17 	of proposed rulemaking;
244.18 	(3) the text of the proposed rule and the reason therefor;
244.19 	(4) a request for comments on the proposed rule from any interested person; and
244.20 	(5) the manner in which interested persons may submit written comments.
244.21 	(i) All hearings will be recorded. A copy of the recording and all written comments and 
244.22 	documents received by the Commission in response to the proposed rule shall be available 
244.23 	to the public.
244.24 	(j) Nothing in this section shall be construed as requiring a separate hearing on each 
244.25 	rule. Rules may be grouped for the convenience of the Commission at hearings required by 
244.26 	this section.
244.27 	(k) The Commission shall, by majority vote of all members, take final action on the 
244.28 	proposed rule based on the rulemaking record and the full text of the rule.
244.29 	(1) The Commission may adopt changes to the proposed rule, provided the changes do 
244.30 	not enlarge the original purpose of the proposed rule.
245.1 	(2) The Commission shall provide an explanation of the reasons for substantive changes 
245.2 	made to the proposed rule as well as reasons for substantive changes not made that were 
245.3 	recommended by commenters.
245.4 	(3) The Commission shall determine a reasonable effective date for the rule. Except for 
245.5 	an emergency as provided in paragraph (l), the effective date of the rule shall be no sooner 
245.6 	than 30 days after issuing the notice that it adopted or amended the rule.
245.7 	(l) Upon determination that an emergency exists, the Commission may consider and 
245.8 	adopt an emergency rule with 48 hours' notice, with opportunity to comment, provided that 
245.9 	the usual rulemaking procedures provided in the Compact and in this section shall be 
245.10 	retroactively applied to the rule as soon as reasonably possible, in no event later than 90 
245.11 	days after the effective date of the rule. For the purposes of this provision, an emergency 
245.12 	rule is one that must be adopted immediately in order to:
245.13 	(1) meet an imminent threat to public health, safety, or welfare;
245.14 	(2) prevent a loss of Commission or member state funds;
245.15 	(3) meet a deadline for the promulgation of a rule that is established by federal law or 
245.16 	rule; or
245.17 	(4) protect public health and safety.
245.18 	(m) The Commission or an authorized committee of the Commission may direct revisions 
245.19 	to a previously adopted rule for purposes of correcting typographical errors, errors in format, 
245.20 	errors in consistency, or grammatical errors. Public notice of any revisions shall be posted 
245.21 	on the website of the Commission. The revision shall be subject to challenge by any person 
245.22 	for a period of 30 days after posting. The revision may be challenged only on grounds that 
245.23 	the revision results in a material change to a rule. A challenge shall be made in writing and 
245.24 	delivered to the Commission prior to the end of the notice period. If no challenge is made, 
245.25 	the revision will take effect without further action. If the revision is challenged, the revision 
245.26 	may not take effect without the approval of the Commission.
245.27 	(n) No member state's rulemaking requirements shall apply under this compact.

245.28 	Sec. 13. [148E.52] OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT.
245.29 	(a) Oversight:
245.30 	(1) The executive and judicial branches of state government in each member state shall 
245.31 	enforce this Compact and take all actions necessary and appropriate to implement the 
245.32 	Compact.
246.1 	(2) Except as otherwise provided in this Compact, venue is proper and judicial 
246.2 	proceedings by or against the Commission shall be brought solely and exclusively in a court 
246.3 	of competent jurisdiction where the principal office of the Commission is located. The 
246.4 	Commission may waive venue and jurisdictional defenses to the extent it adopts or consents 
246.5 	to participate in alternative dispute resolution proceedings. Nothing herein shall affect or 
246.6 	limit the selection or propriety of venue in any action against a licensee for professional 
246.7 	malpractice, misconduct, or any such similar matter.
246.8 	(3) The Commission shall be entitled to receive service of process in any proceeding 
246.9 	regarding the enforcement or interpretation of the Compact and shall have standing to 
246.10 	intervene in such a proceeding for all purposes. Failure to provide the Commission service 
246.11 	of process shall render a judgment or order void as to the Commission, this Compact, or 
246.12 	promulgated rules.
246.13 	(b) Default, technical assistance, and termination:
246.14 	(1) If the Commission determines that a member state has defaulted in the performance 
246.15 	of its obligations or responsibilities under this Compact or the promulgated rules, the 
246.16 	Commission shall provide written notice to the defaulting state. The notice of default shall 
246.17 	describe the default, the proposed means of curing the default, and any other action that the 
246.18 	Commission may take, and shall offer training and specific technical assistance regarding 
246.19 	the default.
246.20 	(2) The Commission shall provide a copy of the notice of default to the other member 
246.21 	states.
246.22 	(c) If a state in default fails to cure the default, the defaulting state may be terminated 
246.23 	from the Compact upon an affirmative vote of a majority of the delegates of the member 
246.24 	states, and all rights, privileges, and benefits conferred on that state by this Compact may 
246.25 	be terminated on the effective date of termination. A cure of the default does not relieve the 
246.26 	offending state of obligations or liabilities incurred during the period of default.
246.27 	(d) Termination of membership in the Compact shall be imposed only after all other 
246.28 	means of securing compliance have been exhausted. Notice of intent to suspend or terminate 
246.29 	shall be given by the Commission to the governor, the majority and minority leaders of the 
246.30 	defaulting state's legislature, the defaulting state's state licensing authority, and each of the 
246.31 	member states' state licensing authority.
246.32 	(e) A state that has been terminated is responsible for all assessments, obligations, and 
246.33 	liabilities incurred through the effective date of termination, including obligations that 
246.34 	extend beyond the effective date of termination.
247.1 	(f) Upon the termination of a state's membership from this Compact, that state shall 
247.2 	immediately provide notice to all licensees within that state of such termination. The 
247.3 	terminated state shall continue to recognize all licenses granted pursuant to this Compact 
247.4 	for a minimum of six months after the date of said notice of termination.
247.5 	(g) The Commission shall not bear any costs related to a state that is found to be in 
247.6 	default or that has been terminated from the Compact, unless agreed upon in writing between 
247.7 	the Commission and the defaulting state.
247.8 	(h) The defaulting state may appeal the action of the Commission by petitioning the 
247.9 	United States District Court for the District of Columbia or the federal district where the 
247.10 	Commission has its principal offices. The prevailing party shall be awarded all costs of such 
247.11 	litigation, including reasonable attorney fees.
247.12 	(i) Dispute resolution:
247.13 	(1) Upon request by a member state, the Commission shall attempt to resolve disputes 
247.14 	related to the Compact that arise among member states and between member and nonmember 
247.15 	states.
247.16 	(2) The Commission shall promulgate a rule providing for both mediation and binding 
247.17 	dispute resolution for disputes as appropriate.
247.18 	(j) Enforcement:
247.19 	(1) By majority vote as provided by rule, the Commission may initiate legal action 
247.20 	against a member state in default in the United States District Court for the District of 
247.21 	Columbia or the federal district where the Commission has its principal offices to enforce 
247.22 	compliance with the provisions of the Compact and its promulgated rules. The relief sought 
247.23 	may include both injunctive relief and damages. In the event judicial enforcement is 
247.24 	necessary, the prevailing party shall be awarded all costs of such litigation, including 
247.25 	reasonable attorney fees. The remedies herein shall not be the exclusive remedies of the 
247.26 	Commission. The Commission may pursue any other remedies available under federal or 
247.27 	the defaulting member state's law.
247.28 	(2) A member state may initiate legal action against the Commission in the United States 
247.29 	District Court for the District of Columbia or the federal district where the Commission has 
247.30 	its principal offices to enforce compliance with the provisions of the Compact and its 
247.31 	promulgated rules. The relief sought may include both injunctive relief and damages. In the 
247.32 	event judicial enforcement is necessary, the prevailing party shall be awarded all costs of 
247.33 	such litigation, including reasonable attorney fees.
248.1 	(3) No person other than a member state shall enforce this compact against the 
248.2 	Commission.

248.3 	Sec. 14. [148E.53] EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT.
248.4 	(a) The Compact shall come into effect on the date on which the Compact statute is 
248.5 	enacted into law in the seventh member state.
248.6 	(1) On or after the effective date of the Compact, the Commission shall convene and 
248.7 	review the enactment of each of the first seven member states ("charter member states") to 
248.8 	determine if the statute enacted by each such charter member state is materially different 
248.9 	than the model Compact statute.
248.10 	(i) A charter member state whose enactment is found to be materially different from the 
248.11 	model Compact statute shall be entitled to the default process set forth in section 148E.52.
248.12 	(ii) If any member state is later found to be in default, or is terminated or withdraws 
248.13 	from the Compact, the Commission shall remain in existence and the Compact shall remain 
248.14 	in effect even if the number of member states should be less than seven.
248.15 	(2) Member states enacting the compact subsequent to the seven initial charter member 
248.16 	states shall be subject to the process set forth in section 148E.49, paragraph (c), clause (21), 
248.17 	to determine if their enactments are materially different from the model Compact statute 
248.18 	and whether they qualify for participation in the Compact.
248.19 	(3) All actions taken for the benefit of the Commission or in furtherance of the purposes 
248.20 	of the administration of the Compact prior to the effective date of the Compact or the 
248.21 	Commission coming into existence shall be considered to be actions of the Commission 
248.22 	unless specifically repudiated by the Commission.
248.23 	(4) Any state that joins the Compact subsequent to the Commission's initial adoption of 
248.24 	the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on 
248.25 	which the Compact becomes law in that state. Any rule that has been previously adopted 
248.26 	by the Commission shall have the full force and effect of law on the day the Compact 
248.27 	becomes law in that state.
248.28 	(b) Any member state may withdraw from this Compact by enacting a statute repealing 
248.29 	the same.
248.30 	(1) A member state's withdrawal shall not take effect until 180 days after enactment of 
248.31 	the repealing statute.
249.1 	(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's 
249.2 	licensing authority to comply with the investigative and adverse action reporting requirements 
249.3 	of this Compact prior to the effective date of withdrawal.
249.4 	(3) Upon the enactment of a statute withdrawing from this Compact, a state shall 
249.5 	immediately provide notice of such withdrawal to all licensees within that state. 
249.6 	Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing 
249.7 	state shall continue to recognize all licenses granted pursuant to this Compact for a minimum 
249.8 	of 180 days after the date of such notice of withdrawal.
249.9 	(c) Nothing contained in this Compact shall be construed to invalidate or prevent any 
249.10 	licensure agreement or other cooperative arrangement between a member state and a 
249.11 	nonmember state that does not conflict with the provisions of this Compact.
249.12 	(d) This Compact may be amended by the member states. No amendment to this Compact 
249.13 	shall become effective and binding upon any member state until it is enacted into the laws 
249.14 	of all member states.

249.15 	Sec. 15. [148E.54] CONSTRUCTION AND SEVERABILITY.
249.16 	(a) This Compact and the Commission's rulemaking authority shall be liberally construed 
249.17 	so as to effectuate the purposes, and the implementation and administration of the Compact. 
249.18 	Provisions of the Compact expressly authorizing or requiring the promulgation of rules 
249.19 	shall not be construed to limit the Commission's rulemaking authority solely for those 
249.20 	purposes.
249.21 	(b) The provisions of this Compact shall be severable and if any phrase, clause, sentence, 
249.22 	or provision of this Compact is held by a court of competent jurisdiction to be contrary to 
249.23 	the constitution of any member state, a state seeking participation in the Compact, or of the 
249.24 	United States, or the applicability thereof to any government, agency, person or circumstance 
249.25 	is held to be unconstitutional by a court of competent jurisdiction, the validity of the 
249.26 	remainder of this Compact and the applicability thereof to any other government, agency, 
249.27 	person or circumstance shall not be affected thereby.
249.28 	(c) Notwithstanding paragraph (b), the Commission may deny a state's participation in 
249.29 	the Compact or, in accordance with the requirements of section 148E.52, paragraph (b), 
249.30 	terminate a member state's participation in the Compact, if it determines that a constitutional 
249.31 	requirement of a member state is a material departure from the Compact. Otherwise, if this 
249.32 	Compact shall be held to be contrary to the constitution of any member state, the Compact 
250.1 	shall remain in full force and effect as to the remaining member states and in full force and 
250.2 	effect as to the member state affected as to all severable matters.

250.3 	Sec. 16. [148E.55] CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE 
250.4 	LAWS.
250.5 	(a) A licensee providing services in a remote state under a multistate authorization to 
250.6 	practice shall adhere to the laws and regulations, including laws, regulations, and applicable 
250.7 	standards, of the remote state where the client is located at the time care is rendered.
250.8 	(b) Nothing herein shall prevent or inhibit the enforcement of any other law of a member 
250.9 	state that is not inconsistent with the Compact.
250.10 	(c) Any laws, statutes, regulations, or other legal requirements in a member state in 
250.11 	conflict with the Compact are superseded to the extent of the conflict.
250.12 	(d) All permissible agreements between the Commission and the member states are 
250.13 	binding in accordance with their terms.

APPENDIX 

Repealed Minnesota Statutes: UEh4247-1 

147A.09 SCOPE OF PRACTICE.Subd. 5.Scope of practice limitations; psychiatric care for children with emotional disturbance or adults with serious mental illness. 
Notwithstanding subdivision 1, a physician assistant may only provide ongoing psychiatric treatment for children with emotional disturbance, as defined in section 245.4871, subdivision 15, or adults with serious mental illness in collaboration with a physician licensed under chapter 147. For purposes of providing ongoing psychiatric treatment for children with emotional disturbance or adults with serious mental illness, the practice agreement between the physician assistant and one or more physicians licensed under chapter 147 must define the collaboration between the physician assistant and the collaborating physician, including appropriate consultation or referral to psychiatry. 

147B.01 DEFINITIONS.Subd. 18.Oriental medicine. 
"Oriental medicine" means a system of healing arts that perceives the circulation and balance of energy in the body as being fundamental to the well-being of the individual. It implements the theory through specialized methods of analyzing the energy status of the body and treating the body with acupuncture and other related modalities for the purpose of strengthening the body, improving energy balance, maintaining or restoring health, improving physiological function, and reducing pain. 

148D.061 PROVISIONAL LICENSES.Subd. 9.Revocation of provisional license. 
The board may immediately revoke the provisional license of a licensee who violates any requirements of this section. The revocation must be made for cause. A licensee whose provisional license is revoked must immediately return the provisional license to the board. 

156.12 PRACTICE OF VETERINARY MEDICINE.Subd. 6.Faculty licensure. 
(a) Veterinary Medical Center clinicians at the College of Veterinary Medicine, University of Minnesota, who are engaged in the practice of veterinary medicine as defined in subdivision 1 and who treat animals owned by clients of the Veterinary Medical Center must possess the same license required by other veterinary practitioners in the state of Minnesota except for persons covered by paragraphs (b) and (c). 

(b) A specialty practitioner in a hard-to-fill faculty position who has been employed at the College of Veterinary Medicine, University of Minnesota, for five years or more prior to 2003 or is specialty board certified by the American Veterinary Medical Association or the European Board of Veterinary Specialization may be granted a specialty faculty Veterinary Medical Center clinician license which will allow the licensee to practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's training and only within the scope of employment at the Veterinary Medical Center. 

(c) A specialty practitioner in a hard-to-fill faculty position at the College of Veterinary Medicine, University of Minnesota, who has graduated from a board-approved foreign veterinary school may be granted a temporary faculty Veterinary Medical Center clinician license. The temporary faculty Veterinary Medical Center clinician license expires in two years and allows the licensee to practice veterinary medicine as defined in subdivision 1 and treat animals owned by clients of the Veterinary Medical Center. The temporary faculty Veterinary Medical Center clinician license allows the licensee to practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's training and only within the scope of employment at the Veterinary Medical Center while under the direct supervision of a veterinarian currently licensed and actively practicing veterinary medicine in Minnesota, as defined in section 156.04. The direct supervising veterinarian must not have any current or past conditions, restrictions, or probationary status imposed on the veterinarian's license by the board within the past five years. The holder of a temporary faculty Veterinary Medical Center clinician license who is enrolled in a PhD program may apply for up to two additional consecutive two-year extensions of an expiring temporary faculty Veterinary Medical Center clinician license. Any other holder of a temporary faculty Veterinary Medical Center clinician license may apply for one two-year extension of the expiring temporary faculty Veterinary Medical Center clinician license. Temporary faculty Veterinary Medical Center clinician licenses that are allowed to expire may not be renewed. The board shall grant an extension to a licensee who demonstrates suitable progress toward completing the requirements of their academic program, specialty board certification, or full licensure in Minnesota by a graduate of a foreign veterinary college. 

(d) Temporary and specialty faculty Veterinary Medical Center clinician licensees must abide by all the laws governing the practice of veterinary medicine in the state of Minnesota and are subject to the same disciplinary action as any other veterinarian licensed in the state of Minnesota. 

(e) The fee for a license issued under this subdivision is the same as for a regular license to practice veterinary medicine in Minnesota. License payment deadlines, late payment fees, and other license requirements are also the same as for regular licenses.