HF 3705

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/09/2026 03:51 p.m.

A bill for an act
relating to health occupations; establishing the Respiratory Care Interstate Compact;
proposing coding for new law in Minnesota Statutes, chapter 147C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [147C.51] TITLE AND PURPOSE.
new text end

new text begin (a) The purpose of this compact is to facilitate the interstate practice of respiratory
therapy with the goal of improving public access to respiratory therapy services by providing
respiratory therapists licensed in a member state the ability to practice in other member
states. The compact preserves the regulatory authority of states to protect public health and
safety through the current system of state licensure.
new text end

new text begin (b) This compact is designed to achieve the following objectives:
new text end

new text begin (1) increase public access to respiratory therapy services by creating a responsible,
streamlined pathway for licensees to practice in member states with the goal of improving
outcomes for patients;
new text end

new text begin (2) enhance states' ability to protect the public's health and safety;
new text end

new text begin (3) promote the cooperation of member states in regulating the practice of respiratory
therapy within those member states;
new text end

new text begin (4) ease administrative burdens on states by encouraging the cooperation of member
states in regulating multistate respiratory therapy practice;
new text end

new text begin (5) support relocating active military members and their spouses; and
new text end

new text begin (6) promote mobility and address workforce shortages.
new text end

Sec. 2.

new text begin [147C.511] DEFINITIONS.
new text end

new text begin (a) As used in this compact, unless the context requires otherwise, the following
definitions shall apply.
new text end

new text begin (b) "Active military member" means any person with a full-time duty status in the armed
forces of the United States, including members of the National Guard and Reserve.
new text end

new text begin (c) "Adverse action" means any administrative, civil, equitable, or criminal action
permitted by a state's laws that is imposed by any state authority with regulatory authority
over respiratory therapists, such as license denial, censure, revocation, suspension, probation,
monitoring of the licensee, or restriction on the licensee's practice, not including participation
in an alternative program.
new text end

new text begin (d) "Alternative program" means a nondisciplinary monitoring or practice remediation
process applicable to a respiratory therapist approved by any state authority with regulatory
authority over respiratory therapists. This includes but is not limited to programs to which
licensees with substance abuse or addiction issues are referred in lieu of adverse action.
new text end

new text begin (e) "Charter member states" means those member states who were the first seven states
to enact the compact into the laws of their state.
new text end

new text begin (f) "Commission" or "respiratory care interstate compact commission" means the
government instrumentality and body politic whose membership consists of all member
states that have enacted the compact.
new text end

new text begin (g) "Commissioner" means the individual appointed by a member state to serve as the
member of the commission for that member state.
new text end

new text begin (h) "Compact" means the respiratory care interstate compact.
new text end

new text begin (i) "Compact privilege" means the authorization granted by a remote state to allow a
licensee from another member state to practice as a respiratory therapist in the remote state
under the remote state's laws and rules. The practice of respiratory therapy occurs in the
member state where the patient is located at the time of the patient encounter.
new text end

new text begin (j) "Criminal background check" means the submission by the member state of
fingerprints or other biometric-based information on license applicants at the time of initial
licensing for the purpose of obtaining that applicant's criminal history record information,
as defined in Code of Federal Regulations, title 28, part 20, subpart A, section 20.3(d), or
successor provision, from the Federal Bureau of Investigation and the state's criminal history
record repository, as defined in Code of Federal Regulations, title 28, part 20, subpart A,
section 20.3(f), or successor provision.
new text end

new text begin (k) "Data system" means the commission's repository of information about licensees as
further set forth in section 147C.517.
new text end

new text begin (l) "Domicile" means the jurisdiction which is the licensee's principal home for legal
purposes.
new text end

new text begin (m) "Encumbered license" means a license that a state's respiratory therapy licensing
authority has limited in any way.
new text end

new text begin (n) "Executive committee" means a group of directors elected or appointed to act on
behalf of and within the powers granted to them by the commission.
new text end

new text begin (o) "Home state" except as set forth in section 147C.514, means the member state that
is the licensee's primary domicile.
new text end

new text begin (p) "Home state license" means an active license to practice respiratory therapy in a
home state that is not an encumbered license.
new text end

new text begin (q) "Jurisprudence requirement" means an assessment of an individual's knowledge of
the state laws and regulations governing the practice of respiratory therapy in such state.
new text end

new text begin (r) "Licensee" means an individual who currently holds an authorization from the state
to practice as a respiratory therapist.
new text end

new text begin (s) "Member state" means a state that has enacted the compact and been admitted to the
commission in accordance with the provisions herein and commission rules.
new text end

new text begin (t) "Model compact" means the model for the respiratory care interstate compact on file
with the council of state governments or other entity as designated by the commission.
new text end

new text begin (u) "Remote state" means a member state where a licensee is exercising or seeking to
exercise the compact privilege.
new text end

new text begin (v) "Respiratory therapist" or "respiratory care practitioner" means an individual who
holds a credential issued by the National Board for Respiratory Care or its successor and
holds a license in a state to practice respiratory therapy. For purposes of this compact, any
other title or status adopted by a state to replace the term "respiratory therapist" or "respiratory
care practitioner" shall be deemed synonymous with "respiratory therapist" and shall confer
the same rights and responsibilities to the licensee under the provisions of this compact at
the time of its enactment.
new text end

new text begin (w) "Respiratory therapy," "respiratory therapy practice," "respiratory care," "the practice
of respiratory care," and "the practice of respiratory therapy" mean the care and services
provided by or under the direction and supervision of a respiratory therapist or respiratory
care practitioner.
new text end

new text begin (x) "Respiratory therapy licensing authority" means the agency, board, or other body of
a state that is responsible for licensing and regulation of respiratory therapists.
new text end

new text begin (y) "Rule" means a regulation promulgated by an entity that has the force and effect of
law.
new text end

new text begin (z) "Scope of practice" means the procedures, actions, and processes a respiratory therapist
licensed in a state or practicing under a compact privilege in a state is permitted to undertake
in that state and the circumstances under which the respiratory therapist is permitted to
undertake those procedures, actions, and processes. Such procedures, actions, and processes,
and the circumstances under which they may be undertaken may be established through
means including but not limited to statute, regulations, case law, and other processes available
to the state respiratory therapy licensing authority or other government agency.
new text end

new text begin (aa) "Significant investigative information" means information, records, and documents
received or generated by a state respiratory therapy licensing authority pursuant to an
investigation for which a determination has been made that there is probable cause to believe
that the licensee has violated a statute or regulation that is considered more than a minor
infraction for which the state respiratory therapy licensing authority could pursue adverse
action against the licensee.
new text end

new text begin (bb) "State" means any state, commonwealth, district, or territory of the United States.
new text end

Sec. 3.

new text begin [147C.512] STATE PARTICIPATION IN COMPACT.
new text end

new text begin (a) In order to participate in this compact and thereafter continue as a member state, a
member state shall:
new text end

new text begin (1) enact a compact that is not materially different from the model compact;
new text end

new text begin (2) license respiratory therapists;
new text end

new text begin (3) participate in the commission's data system;
new text end

new text begin (4) have a mechanism in place for receiving and investigating complaints against licensees
and compact privilege holders;
new text end

new text begin (5) notify the commission, in compliance with the terms of this compact and commission
rules, of any adverse action against a licensee, a compact privilege holder, or a license
applicant;
new text end

new text begin (6) notify the commission, in compliance with the terms of this compact and commission
rules, of the existence of significant investigative information;
new text end

new text begin (7) comply with the rules of the commission;
new text end

new text begin (8) grant the compact privilege to a holder of an active home state license and otherwise
meet the applicable requirements of section 147C.513 in a member state; and
new text end

new text begin (9) complete a criminal background check for each new licensee at the time of initial
licensure. Where expressly authorized or permitted by federal law, whether such federal
law is in effect prior to, at, or after the time of a member state's enactment of this compact,
a member state's enactment of this compact shall hereby authorize the member state's
respiratory therapy licensing authority to perform criminal background checks as defined
herein. The absence of such a federal law as described in this clause shall not prevent or
preclude such authorization where it may be derived or granted through means other than
the enactment of this compact.
new text end

new text begin (b) Nothing in this compact prohibits a member state from charging a fee for granting
and renewing the compact privilege.
new text end

Sec. 4.

new text begin [147C.513] COMPACT PRIVILEGE.
new text end

new text begin (a) To exercise the compact privilege under the terms and provisions of the compact,
the licensee shall:
new text end

new text begin (1) hold and maintain an active home state license as a respiratory therapist;
new text end

new text begin (2) hold and maintain an active credential from the National Board for Respiratory Care
or its successor that would qualify them for licensure in the remote state in which they are
seeking the privilege;
new text end

new text begin (3) have not had any adverse action against a license within the previous two years;
new text end

new text begin (4) notify the commission that the licensee is seeking the compact privilege within a
remote state or remote states;
new text end

new text begin (5) pay any applicable fees, including any state and commission fees and renewal fees,
for the compact privilege;
new text end

new text begin (6) meet any jurisprudence requirements established by the remote state in which the
licensee is seeking a compact privilege;
new text end

new text begin (7) report to the commission adverse action taken by any nonmember state within 30
days from the date the adverse action is taken;
new text end

new text begin (8) report to the commission, when applying for a compact privilege, the address of the
licensee's domicile and thereafter promptly report to the commission any change in the
address of the licensee's domicile within 30 days of the effective date of the change in
address; and
new text end

new text begin (9) consent to accept service of process by mail at the licensee's domicile on record with
the commission with respect to any action brought against the licensee by the commission
or a member state, and consent to accept service of a subpoena by mail at the licensee's
domicile on record with the commission with respect to any action brought or investigation
conducted by the commission or a member state.
new text end

new text begin (b) The compact privilege is valid until the expiration date or revocation of the home
state license unless terminated pursuant to adverse action. The licensee must comply with
all of the requirements of paragraph (a) to maintain the compact privilege in a remote state.
If those requirements are met, no adverse actions are taken, and the licensee has paid any
applicable compact privilege renewal fees, then the licensee will maintain the licensee's
compact privilege.
new text end

new text begin (c) A licensee providing respiratory therapy in a remote state under the compact privilege
shall function within the scope of practice authorized by the remote state for the type of
respiratory therapist license the licensee holds. Such procedures, actions, processes, and the
circumstances under which they may be undertaken may be established through means
including but not limited to statute, regulations, case law, and other processes available to
the state respiratory therapy licensing authority or other government agency.
new text end

new text begin (d) If a licensee's compact privilege in a remote state is removed by the remote state,
the individual shall lose or be ineligible for the compact privilege in that remote state until
the compact privilege is no longer limited or restricted by that state.
new text end

new text begin (e) If a home state license is encumbered, the licensee shall lose the compact privilege
in all remote states until the following occur:
new text end

new text begin (1) the home state license is no longer encumbered; and
new text end

new text begin (2) two years have elapsed from the date on which the license is no longer encumbered
due to the adverse action.
new text end

new text begin (f) Once a licensee with a restricted or limited license meets the requirements of paragraph
(e), the licensee must also meet the requirements of paragraph (a) to obtain a compact
privilege in a remote state.
new text end

Sec. 5.

new text begin [147C.514] ACTIVE MILITARY MEMBER OR THEIR SPOUSE.
new text end

new text begin (a) An active military member, or their spouse, shall designate a home state where the
individual has a current license in good standing. The individual may retain the home state
designation during the period the service member is on active duty.
new text end

new text begin (b) An active military member and their spouse shall not be required to pay to the
commission for a compact privilege any fee that may otherwise be charged by the
commission. If a remote state chooses to charge a fee for a compact privilege, it may choose
to charge a reduced fee or no fee to an active military member and their spouse for a compact
privilege.
new text end

Sec. 6.

new text begin [147C.515] ADVERSE ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Adverse action. new text end

new text begin A member state in which a licensee is licensed shall
have authority to impose adverse action against the license issued by that member state.
new text end

new text begin Subd. 2. new text end

new text begin Investigative information. new text end

new text begin A member state may take adverse action based on
significant investigative information of a remote state or the home state, so long as the
member state follows its own procedures for imposing adverse action.
new text end

new text begin Subd. 3. new text end

new text begin Alternative programs. new text end

new text begin Nothing in this compact shall override a member state's
decision that participation in an alternative program may be used in lieu of adverse action
and that such participation shall remain nonpublic if required by the member state's laws.
new text end

new text begin Subd. 4. new text end

new text begin Authority. new text end

new text begin (a) A remote state shall have the authority to:
new text end

new text begin (1) take adverse actions as set forth herein against a licensee's compact privilege in that
state;
new text end

new text begin (2) issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses and the production of evidence. Subpoenas may be issued by a
respiratory therapy licensing authority in a member state for the attendance and testimony
of witnesses and the production of evidence. Subpoenas issued by a respiratory therapy
licensing authority in a member state for the attendance and testimony of witnesses shall
be enforced in the latter state by any court of competent jurisdiction in the latter state,
according to the practice and procedure of that court applicable to subpoenas issued in
proceedings pending before it. Subpoenas issued by a respiratory therapy licensing authority
in a member state for production of evidence from another member state shall be enforced
in the latter state, according to the practice and procedure of that court applicable to
subpoenas issued in the proceedings pending before it. The issuing authority shall pay any
witness fees, travel expenses, mileage, and other fees required by the service statutes of the
state where the witnesses or evidence are located; and
new text end

new text begin (3) unless otherwise prohibited by state law, recover from the licensee the costs of
investigations and disposition of cases resulting from any adverse action taken against that
licensee.
new text end

new text begin (b) Notwithstanding paragraph (a), clause (2), a member state may not issue a subpoena
to gather evidence of conduct in another member state that is lawful in such other member
state for the purpose of taking adverse action against a licensee's compact privilege or
application for a compact privilege in that member state.
new text end

new text begin (c) Nothing in this compact authorizes a member state to impose discipline against a
respiratory therapist's compact privilege in that member state for the individual's otherwise
lawful practice in another state.
new text end

new text begin Subd. 5. new text end

new text begin Joint investigations. new text end

new text begin (a) In addition to the authority granted to a member state
by its respective respiratory therapy practice act or other applicable state law, a member
state may participate with other member states in joint investigations of licensees, provided,
however, that a member state receiving such a request has no obligation to respond to any
subpoena issued regarding an investigation of conduct or practice that was lawful in a
member state at the time it was undertaken.
new text end

new text begin (b) Member states shall share any significant investigative information, litigation, or
compliance materials in furtherance of any joint or individual investigation initiated under
the compact. In sharing such information between member state respiratory therapy licensing
authorities, all information obtained shall be kept confidential, except as otherwise mutually
agreed upon by the sharing and receiving member state or receiving member states.
new text end

new text begin Subd. 6. new text end

new text begin Prohibition; adverse action. new text end

new text begin Nothing in this compact may permit a member
state to take any adverse action against a licensee or holder of a compact privilege for
conduct or practice that was legal in the member state at the time it was undertaken.
new text end

new text begin Subd. 7. new text end

new text begin Prohibition; disciplinary action. new text end

new text begin Nothing in this compact may permit a member
state to take disciplinary action against a licensee or holder of a compact privilege for
conduct or practice that was legal in the member state at the time it was undertaken.
new text end

Sec. 7.

new text begin [147C.516] ESTABLISHMENT OF THE RESPIRATORY CARE
INTERSTATE COMPACT COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The compact member states hereby create and establish
a joint government agency whose membership consists of all member states that have
enacted the compact known as the respiratory care interstate compact commission. The
commission is an instrumentality of the compact member states acting jointly and not an
instrumentality of any one state. The commission shall come into existence on or after the
effective date of the compact, as set forth in section 147C.52.
new text end

new text begin Subd. 2. new text end

new text begin Membership, voting, and meetings. new text end

new text begin (a) Each member state shall have and be
limited to one commissioner selected by that member state's respiratory therapy licensing
authority.
new text end

new text begin (b) The commissioner shall be an administrator or their designated staff member of the
member state's respiratory therapy licensing authority.
new text end

new text begin (c) The commission shall by rule or bylaw establish a term of office for commissioners
and may by rule or bylaw establish term limits.
new text end

new text begin (d) The commission may recommend to a member state the removal or suspension of
any commissioner from office.
new text end

new text begin (e) A member state's respiratory therapy licensing authority shall fill any vacancy of its
commissioner occurring on the commission within 60 days of the vacancy.
new text end

new text begin (f) Each commissioner shall be entitled to one vote on all matters before the commission
requiring a vote by commissioners.
new text end

new text begin (g) A commissioner shall vote in person or by such other means as provided in the
bylaws. The bylaws may provide for commissioners to meet by telecommunication, video
conference, or other means of communication.
new text end

new text begin (h) The commission shall meet at least once during each calendar year. Additional
meetings may be held as set forth in the bylaws.
new text end

new text begin Subd. 3. new text end

new text begin Powers. new text end

new text begin The commission shall have the following powers:
new text end

new text begin (1) establish and amend the fiscal year of the commission;
new text end

new text begin (2) establish and amend bylaws and policies, including but not limited to a code of
conduct and conflict of interest;
new text end

new text begin (3) establish and amend rules, which shall be binding in all member states;
new text end

new text begin (4) maintain its financial records in accordance with the bylaws;
new text end

new text begin (5) meet and take such actions as are consistent with the provisions of this compact, the
commission's rules, and the bylaws;
new text end

new text begin (6) initiate and conduct legal proceedings or actions in the name of the commission,
provided that the standing of any respiratory therapy licensing authority to sue or be sued
under applicable law shall not be affected;
new text end

new text begin (7) maintain and certify records and information provided to a member state as the
authenticated business records of the commission, and designate an agent to do so on the
commission's behalf;
new text end

new text begin (8) purchase and maintain insurance and bonds;
new text end

new text begin (9) accept or contract for services of personnel, including but not limited to employees
of a member state;
new text end

new text begin (10) conduct an annual financial review;
new text end

new text begin (11) hire employees, elect or appoint officers, fix compensation, define duties, grant
such individuals appropriate authority to carry out the purposes of the compact, and establish
the commission's personnel policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel matters;
new text end

new text begin (12) assess and collect fees;
new text end

new text begin (13) accept any and all appropriate gifts, donations, grants of money, other sources of
revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of
the same, provided that at all times:
new text end

new text begin (i) the commission shall avoid any appearance of impropriety; and
new text end

new text begin (ii) the commission shall avoid any appearance of conflict of interest;
new text end

new text begin (14) lease, purchase, retain, own, hold, improve, or use any property, real, personal, or
mixed, or any undivided interest therein;
new text end

new text begin (15) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
new text end

new text begin (16) establish a budget and make expenditures;
new text end

new text begin (17) borrow money in a fiscally responsible manner;
new text end

new text begin (18) appoint committees, including standing committees, composed of commissioners
state regulators, state legislators or their representatives, and consumer representatives, and
such other interested persons as may be designated in this compact and the bylaws;
new text end

new text begin (19) provide and receive information from, and cooperate with, law enforcement agencies;
new text end

new text begin (20) establish and elect an executive committee, including a chair, vice-chair, secretary,
treasurer, and such other offices as the commission shall establish by rule or bylaw;
new text end

new text begin (21) enter into contracts or arrangements for the management of the affairs of the
commission;
new text end

new text begin (22) determine whether a state's adopted language is materially different from the model
compact language such that the state would not qualify for participation in the compact;
and
new text end

new text begin (23) perform such other functions as may be necessary or appropriate to achieve the
purposes of this compact.
new text end

new text begin Subd. 4. new text end

new text begin Executive committee. new text end

new text begin (a) The executive committee shall have the power to
act on behalf of the commission according to the terms of this compact. The powers, duties,
and responsibilities of the executive committee shall include:
new text end

new text begin (1) overseeing the day-to-day activities of the administration of the compact, including
enforcement and compliance with the provisions of the compact, its rules and bylaws, and
other such duties as deemed necessary;
new text end

new text begin (2) recommending to the commission changes to the rules or bylaws, changes to this
compact legislation, fees charged to compact member states, fees charged to licensees, and
other fees;
new text end

new text begin (3) ensuring compact administration services are appropriately provided, including by
contract;
new text end

new text begin (4) preparing and recommending the budget;
new text end

new text begin (5) maintaining financial records on behalf of the commission;
new text end

new text begin (6) monitoring compact compliance of member states and providing compliance reports
to the commission;
new text end

new text begin (7) establishing additional committees as necessary;
new text end

new text begin (8) exercising the powers and duties of the commission during the interim between
commission meetings, except for adopting or amending rules, adopting or amending bylaws,
and exercising any other powers and duties expressly reserved to the commission by rule
or bylaw; and
new text end

new text begin (9) performing other duties as provided in the rules or bylaws of the commission.
new text end

new text begin (b) The executive committee shall be composed of up to nine members, as further set
forth in the bylaws of the commission:
new text end

new text begin (1) seven voting members who are elected by the commission from the current
membership of the commission; and
new text end

new text begin (2) two ex-officio, nonvoting members.
new text end

new text begin (c) The commission may remove any member of the executive committee as provided
in the commission's bylaws.
new text end

new text begin (d) The executive committee shall meet at least annually. Executive committee meetings
shall be open to the public, except that the executive committee may meet in a closed,
nonpublic meeting as provided in subdivision 5, paragraph (d). The executive committee
shall give advance notice of its meetings posted on its website and as determined to provide
notice to persons with an interest in the business of the commission. The executive committee
may hold a special meeting in accordance with subdivision 5, paragraph (b).
new text end

new text begin (e) The commission shall adopt and provide to the member states an annual report.
new text end

new text begin Subd. 5. new text end

new text begin Meetings of the commission. new text end

new text begin (a) All meetings of the commission that are not
closed pursuant to paragraph (d) shall be open to the public. Notice of public meetings shall
be posted on the commission's website at least 30 days prior to the public meeting.
new text end

new text begin (b) Notwithstanding paragraph (a), the commission may convene an emergency public
meeting by providing at least 24 hours' prior notice on the commission's website, and any
other means as provided in the commission's rules, for any of the reasons it may dispense
with notice of proposed rulemaking under section 147C.518, paragraph (g). The commission's
legal counsel shall certify that one of the reasons justifying an emergency public meeting
has been met.
new text end

new text begin (c) Notice of all commission meetings shall provide the time, date, and location of the
meeting, and if the meeting is to be held or accessible via telecommunication, video
conference, or other electronic means, the notice shall include the mechanism for access to
the meeting.
new text end

new text begin (d) The commission or the executive committee may convene in a closed, nonpublic
meeting for the commission or executive committee to receive or solicit legal advice or to
discuss:
new text end

new text begin (1) noncompliance of a member state with its obligations under the compact;
new text end

new text begin (2) the employment, compensation, discipline, or other matters, practices, or procedures
related to specific employees;
new text end

new text begin (3) current or threatened discipline of a licensee or compact privilege holder by the
commission or by a member state's respiratory therapy licensing authority;
new text end

new text begin (4) current, threatened, or reasonably anticipated litigation;
new text end

new text begin (5) negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
new text end

new text begin (6) accusing any person of a crime or formally censuring any person;
new text end

new text begin (7) trade secrets or commercial or financial information that is privileged or confidential;
new text end

new text begin (8) information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
new text end

new text begin (9) investigative records compiled for law enforcement purposes;
new text end

new text begin (10) information related to any investigative reports prepared by or on behalf of or for
use of the commission or other committee charged with responsibility of investigation or
determination of compliance issues pursuant to the compact;
new text end

new text begin (11) legal advice;
new text end

new text begin (12) matters specifically exempted from disclosure by federal or member state law; or
new text end

new text begin (13) other matters as promulgated by the commission by rule.
new text end

new text begin (e) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that
the meeting will be closed and reference each relevant exempting provision, and such
reference shall be recorded in the minutes.
new text end

new text begin (f) The commission shall keep minutes in accordance with commission rules and bylaws.
All documents considered in connection with an action shall be identified in such minutes.
All minutes and documents of a closed meeting shall remain under seal, subject to release
only by a majority vote of the commission or order of a court of competent jurisdiction.
new text end

new text begin Subd. 6. new text end

new text begin Financing of the commission. new text end

new text begin (a) The commission shall pay, or provide for
the payment of, the reasonable expenses of its establishment, organization, and ongoing
activities.
new text end

new text begin (b) The commission may accept any and all appropriate revenue sources as provided
herein.
new text end

new text begin (c) The commission may levy on and collect an annual assessment from each member
state and impose fees on licensees of member states to whom it grants a compact privilege
to cover the cost of the operations and activities of the commission and its staff. The
aggregate annual assessment amount for member states, if any, shall be allocated based
upon a formula that the commission shall promulgate by rule.
new text end

new text begin (d) The commission shall not incur obligations of any kind prior to securing the funds
or a loan adequate to meet the same, nor shall the commission pledge the credit of any of
the member states except by and with the authority of the member state.
new text end

new text begin (e) The commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the commission shall be subject to the financial review and
accounting procedures established under its bylaws. However, all receipts and disbursements
of funds handled by the commission shall be subject to an annual financial review by a
certified or licensed public accountant, and the report of the financial review shall be included
in and become part of the annual report of the commission.
new text end

new text begin Subd. 7. new text end

new text begin Qualified immunity, defense, and indemnification. new text end

new text begin (a) Nothing herein shall
be construed as a limitation on the liability of any licensee for professional malpractice or
misconduct, which shall be governed solely by any other applicable state laws.
new text end

new text begin (b) The member states, commissioners, officers, executive directors, employees, and
agents of the commission shall be immune from suit and liability, both personally and in
their official capacity, for any claim for damage to or loss of property or personal injury or
other civil liability caused by or arising out of any actual or alleged act, error, or omission
that occurred, or that the person against whom the claim is made had a reasonable basis for
believing occurred within the scope of commission employment, duties, or responsibilities,
provided that nothing in this paragraph shall be construed to protect any such person from
suit or liability for any damage, loss, injury, or liability caused by the intentional or willful
or wanton misconduct of that person. The procurement of insurance of any type by the
commission shall not in any way compromise or limit the immunity granted hereunder.
new text end

new text begin (e) The commission shall defend any commissioner, officer, executive director, employee,
and agent of the commission in any civil action seeking to impose liability arising out of
any actual or alleged act, error, or omission that occurred within the scope of commission
employment, duties, or responsibilities, or as determined by the commission that the person
against whom the claim is made had a reasonable basis for believing occurred within the
scope of commission employment, duties, or responsibilities, provided that nothing herein
shall be construed to prohibit that person from retaining their own counsel at their own
expense, and provided further that the actual or alleged act, error, or omission did not result
from that person's intentional or willful or wanton misconduct.
new text end

new text begin (d) The commission shall indemnify and hold harmless any commissioner, member,
officer, executive director, employee, and agent of the commission for the amount of any
settlement or judgment obtained against that person arising out of any actual or alleged act,
error, or omission that occurred within the scope of commission employment, duties, or
responsibilities, or that such person had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities, provided that the actual
or alleged act, error, or omission did not result from the intentional or willful or wanton
misconduct of that person.
new text end

new text begin (e) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member
state's state action immunity or state action affirmative defense with respect to antitrust
claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or
anticompetitive law or regulation.
new text end

new text begin (f) Nothing in this compact shall be construed to be a waiver of sovereign immunity by
the member states or by the commission.
new text end

Sec. 8.

new text begin [147C.517] DATA SYSTEM.
new text end

new text begin (a) The commission shall provide for the development, maintenance, operation, and
utilization of a coordinated database and reporting system containing licensure, adverse
action, and the presence of significant investigative information.
new text end

new text begin (b) Notwithstanding any other provision of state law to the contrary, a member state
shall submit a uniform data set to the data system as required by the rules of the commission,
including but not limited to:
new text end

new text begin (1) identifying information;
new text end

new text begin (2) licensure data;
new text end

new text begin (3) adverse actions against a licensee, license applicant, or compact privilege holder and
information related thereto;
new text end

new text begin (4) nonconfidential information related to alternative program participation, the beginning
and ending dates of such participation, and other information related to such participation
not made confidential under member state law;
new text end

new text begin (5) any denial of application for licensure and the reason or reasons for such denial;
new text end

new text begin (6) the presence of current significant investigative information; and
new text end

new text begin (7) other information that may facilitate the administration of this compact or the
protection of the public, as determined by the rules of the commission.
new text end

new text begin (c) No member state shall submit any information which constitutes criminal history
record information, as defined by applicable federal law, to the data system established
hereunder.
new text end

new text begin (d) The records and information provided to a member state pursuant to this compact
or through the data system, when certified by the commission or an agent thereof, shall
constitute the authenticated business records of the commission and shall be entitled to any
associated hearsay exception in any relevant judicial, quasijudicial, or administrative
proceedings in a member state.
new text end

new text begin (e) Significant investigative information pertaining to a licensee in any member state
will only be available to other member states.
new text end

new text begin (f) It is the responsibility of the member states to report any adverse action against a
licensee and to monitor the database to determine whether adverse action has been taken
against a licensee. Adverse action information pertaining to a licensee in any member state
will be available to any other member state.
new text end

new text begin (g) Member states contributing information to the data system may designate information
that may not be shared with the public without the express permission of the contributing
state.
new text end

new text begin (h) Any information submitted to the data system that is subsequently expunged pursuant
to federal law or the laws of the member state contributing the information shall be removed
from the data system.
new text end

Sec. 9.

new text begin [147C.518] RULEMAKING.
new text end

new text begin (a) The commission shall promulgate reasonable rules in order to effectively and
efficiently implement and administer the purposes and provisions of the compact. A rule
shall be invalid and have no force or effect only if a court of competent jurisdiction holds
that the rule is invalid because the commission exercised its rulemaking authority in a
manner that is beyond the scope and purposes of the compact, or the powers granted
hereunder, or based upon another applicable standard of review.
new text end

new text begin (b) For purposes of the compact, the rules of the commission shall have the force of law
in each member state.
new text end

new text begin (c) The commission shall exercise its rulemaking powers pursuant to the criteria set
forth in this section and the rules adopted thereunder. Rules shall become binding as of the
date specified in each rule.
new text end

new text begin (d) If a majority of the legislatures of the member states rejects a rule or portion of a
rule by enactment of a statute or resolution in the same manner used to adopt the compact
within four years of the date of adoption of the rule, then such rule shall have no further
force and effect in any member state.
new text end

new text begin (e) Rules shall be adopted at a regular or special meeting of the commission.
new text end

new text begin (f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and
allow persons to provide oral and written comments, data, facts, opinions, and arguments.
new text end

new text begin (g) Prior to adoption of a proposed rule by the commission, and at least 30 days in
advance of the meeting at which the commission will hold a public hearing on the proposed
rule, the commission shall provide a notice of proposed rulemaking:
new text end

new text begin (1) on the website of the commission or other publicly accessible platform;
new text end

new text begin (2) to persons who have requested notice of the commission's notices of proposed
rulemaking; and
new text end

new text begin (3) in such other way or ways as the commission may by rule specify.
new text end

new text begin (h) The notice of proposed rulemaking shall include:
new text end

new text begin (1) the time, date, and location of the public hearing at which the commission will hear
public comments on the proposed rule and, if different, the time, date, and location of the
meeting where the commission will consider and vote on the proposed rule;
new text end

new text begin (2) if the hearing is held via telecommunication, video conference, or other electronic
means, the commission shall include the mechanism for access to the hearing in the notice
of proposed rulemaking;
new text end

new text begin (3) the text of the proposed rule and the reason therefor;
new text end

new text begin (4) a request for comments on the proposed rule from any interested person; and
new text end

new text begin (5) the manner in which interested persons may submit written comments.
new text end

new text begin (i) All hearings will be recorded. A copy of the recording and all written comments and
documents received by the commission in response to the proposed rule shall be available
to the public.
new text end

new text begin (j) Nothing in this section shall be construed as requiring a separate hearing on each
rule. Rules may be grouped for the convenience of the commission at hearings required by
this section.
new text end

new text begin (k) The commission shall, by majority vote of all commissioners, take final action on
the proposed rule based on the rulemaking record and the full text of the rule. The
commission may adopt changes to the proposed rule provided the changes are consistent
with the original purpose of the proposed rule. The commission shall provide an explanation
of the reasons for substantive changes made to the proposed rule as well as reasons for
substantive changes not made that were recommended by commenters. The commission
shall determine a reasonable effective date for the rule. Except for an emergency as provided
in paragraph (l), the effective date of the rule shall be no sooner than 30 days after issuing
the notice that it adopted or amended the rule.
new text end

new text begin (l) Upon determination that an emergency exists, the commission may consider and
adopt an emergency rule with 24 hours' notice and with opportunity to comment, provided
that the usual rulemaking procedures provided in the compact and in this section shall be
retroactively applied to the rule as soon as reasonably possible, in no event later than 90
days after the effective date of the rule. For the purposes of this paragraph, an emergency
rule is one that must be adopted immediately in order to:
new text end

new text begin (1) meet an imminent threat to public health, safety, or welfare;
new text end

new text begin (2) prevent a loss of commission or member state funds;
new text end

new text begin (3) meet a deadline for the promulgation of a rule that is established by federal law or
rule; or
new text end

new text begin (4) protect public health and safety.
new text end

new text begin (m) The commission or an authorized committee of the commission may direct revisions
to a previously adopted rule for purposes of correcting typographical errors, errors in format,
errors in consistency, or grammatical errors. Public notice of any revisions shall be posted
on the website of the commission. The revision shall be subject to challenge by any person
for a period of 30 days after posting. The revision may be challenged only on grounds that
the revision results in a material change to a rule. A challenge shall be made in writing and
delivered to the commission prior to the end of the notice period. If no challenge is made,
the revision will take effect without further action. If the revision is challenged, the revision
may not take effect without the approval of the commission.
new text end

new text begin (n) No member state's rulemaking process or procedural requirements shall apply to the
commission. The commission shall have no authority over any member state's rulemaking
process or procedural requirements that do not pertain to the compact.
new text end

new text begin (o) Nothing in this compact, nor any rule or regulation of the commission, shall be
construed to limit, restrict, or in any way reduce the ability of a member state to enact and
enforce laws, regulations, or other rules related to the practice of respiratory therapy in that
state, where those laws, regulations, or other rules are not inconsistent with the provisions
of this compact.
new text end

Sec. 10.

new text begin [147C.519] OVERSIGHT, DISPUTE RESOLUTION, AND
ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Oversight. new text end

new text begin (a) The executive and judicial branches of state government
in each member state shall enforce this compact and take all actions necessary and appropriate
to implement the compact.
new text end

new text begin (b) Venue is proper and judicial proceedings by or against the commission shall be
brought solely and exclusively in a court of competent jurisdiction where the principal office
of the commission is located. The commission may waive venue and jurisdictional defenses
to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
Nothing herein shall affect or limit the selection or propriety of venue in any action against
a licensee for professional malpractice, misconduct, or any such similar matter.
new text end

new text begin (c) The commission shall be entitled to receive service of process in any proceeding
regarding the enforcement or interpretation of the compact and shall have standing to
intervene in such a proceeding for all purposes. Failure to provide the commission service
of process shall render a judgment or order void as to the commission, this compact, or
promulgated rules.
new text end

new text begin Subd. 2. new text end

new text begin Default, notice, and technical assistance. new text end

new text begin (a) If the commission determines
that a member state has defaulted in the performance of its obligations or responsibilities
under this compact or the promulgated rules, the commission shall provide written notice
to the defaulting state. The notice of default shall describe the default, the proposed means
of curing the default, and any other action that the commission may take, and shall offer
training and specific technical assistance regarding the default.
new text end

new text begin (b) The commission shall provide a copy of the notice of default to the other member
states.
new text end

new text begin Subd. 3. new text end

new text begin Failure to cure. new text end

new text begin If a state in default fails to cure the default, the defaulting state
may be terminated from the compact upon an affirmative vote of a majority of the
commissioners of the member states, and all rights, privileges, and benefits conferred on
that state by this compact may be terminated on the effective date of termination. A cure
of the default does not relieve the offending state of obligations or liabilities incurred during
the period of default.
new text end

new text begin Subd. 4. new text end

new text begin Termination; notice of intent. new text end

new text begin Termination of membership in the compact
shall be imposed only after all other means of securing compliance have been exhausted.
Notice of intent to suspend or terminate shall be given by the commission to the governor,
the majority and minority leaders of the defaulting state's legislature, the defaulting state's
respiratory therapy licensing authority, and each of the member states' respiratory therapy
licensing authorities.
new text end

new text begin Subd. 5. new text end

new text begin Termination; responsibility. new text end

new text begin A state that has been terminated is responsible
for all assessments, obligations, and liabilities incurred through the effective date of
termination, including obligations that extend beyond the effective date of termination, if
necessary.
new text end

new text begin Subd. 6. new text end

new text begin Termination; notice to licensees and compact privilege holders. new text end

new text begin Upon the
termination of a state's membership from this compact, that state shall immediately provide
notice to all licensees and compact privilege holders of which the commission has a record
within that state of such termination. The terminated state shall continue to recognize all
licenses granted pursuant to this compact for a minimum of 180 days after the date of said
notice of termination.
new text end

new text begin Subd. 7. new text end

new text begin Termination; costs. new text end

new text begin The commission shall not bear any costs related to a state
that is found to be in default or that has been terminated from the compact, unless agreed
upon in writing between the commission and the defaulting state.
new text end

new text begin Subd. 8. new text end

new text begin Termination; appeal. new text end

new text begin The defaulting state may appeal the action of the
commission by petitioning the United States District Court for the District of Columbia or
the federal district where the commission has its principal offices. The prevailing party shall
be awarded all costs of such litigation, including reasonable attorney fees.
new text end

new text begin Subd. 9. new text end

new text begin Dispute resolution new text end

new text begin (a) Upon request by a member state, the commission shall
attempt to resolve disputes related to the compact that arise among member states and
between member and nonmember states.
new text end

new text begin (b) The commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes, as appropriate.
new text end

new text begin Subd. 10. new text end

new text begin Enforcement. new text end

new text begin (a) By majority vote, as may be further provided by rule, the
commission may initiate legal action against a member state in default in the United States
District Court for the District of Columbia or the federal district where the commission has
its principal offices to enforce compliance with the provisions of the compact and its
promulgated rules. A member state by enactment of this compact consents to venue and
jurisdiction in such court for the purposes set forth herein. The relief sought may include
both injunctive relief and damages. In the event judicial enforcement is necessary, the
prevailing party shall be awarded all costs of such litigation, including reasonable attorney
fees. The remedies herein shall not be the exclusive remedies of the commission. The
commission may pursue any other remedies available under federal or the defaulting member
state's law.
new text end

new text begin (b) A member state may initiate legal action against the commission in the United States
District Court for the District of Columbia or the federal district where the commission has
its principal offices to enforce compliance with the provisions of the compact and its
promulgated rules. The relief sought may include both injunctive relief and damages. In the
event judicial enforcement is necessary, the prevailing party shall be awarded all costs of
such litigation, including reasonable attorney fees.
new text end

new text begin (c) No person other than a member state shall enforce this compact against the
commission.
new text end

Sec. 11.

new text begin [147C.52] EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Effective date. new text end

new text begin (a) The compact shall come into effect on the date on
which the compact statute is enacted into law in the seventh member state.
new text end

new text begin (b) On or after the effective date of the compact, the commission shall convene and
review the enactment of each of the first seven member states to determine if the statute
enacted by each such charter member state is materially different than the model compact.
new text end

new text begin (c) A charter member state whose enactment is found to be materially different from
the model compact shall be entitled to the default process set forth in section 147C.519.
new text end

new text begin (d) If any member state is later found to be in default, or is terminated or withdraws
from the compact, the commission shall remain in existence and the compact shall remain
in effect even if the number of member states should be less than seven.
new text end

new text begin (e) Member states enacting the compact subsequent to the seven initial charter member
states shall be subject to the process set forth herein and commission rule to determine if
their enactments are materially different from the model compact and whether they qualify
for participation in the compact.
new text end

new text begin (f) All actions taken for the benefit of the commission or in furtherance of the purposes
of the administration of the compact prior to the effective date of the compact or the
commission coming into existence shall be considered to be actions of the commission
unless specifically repudiated by the commission. The commission shall own and have all
rights to any intellectual property developed on behalf or in furtherance of the commission
by individuals or entities involved in organizing or establishing the commission, as may be
further set forth in rules of the commission.
new text end

new text begin (g) Any state that joins the compact subsequent to the commission's initial adoption of
the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on
which the compact becomes law in that state. Any rule that has been previously adopted by
the commission shall have the full force and effect of law on the date the compact becomes
law in that state.
new text end

new text begin Subd. 2. new text end

new text begin Withdrawal. new text end

new text begin (a) Any member state may withdraw from this compact by enacting
a statute repealing the same.
new text end

new text begin (b) A member state's withdrawal shall not take effect until 180 days after enactment of
the repealing statute.
new text end

new text begin (c) Withdrawal shall not affect the continuing requirement of the withdrawing state's
respiratory therapy licensing authority to comply with the investigative and adverse action
reporting requirements of this compact prior to the effective date of withdrawal.
new text end

new text begin (d) Upon the enactment of a statute withdrawing from this compact, a state shall
immediately provide notice of such withdrawal to all licensees and compact privilege holders
of which the commission has a record within that state. Notwithstanding any subsequent
statutory enactment to the contrary, such withdrawing state shall continue to recognize all
licenses granted pursuant to this compact for a minimum of 180 days after the date of such
notice of withdrawal.
new text end

new text begin Subd. 3. new text end

new text begin Other agreements or cooperative arrangements. new text end

new text begin Nothing contained in this
compact shall be construed to invalidate or prevent any licensure agreement or other
cooperative arrangement between a member state and a nonmember state that does not
conflict with the provisions of this compact.
new text end

new text begin Subd. 4. new text end

new text begin Amendment. new text end

new text begin This compact may be amended by the member states. No
amendment to this compact shall become effective and binding upon any member state until
it is enacted into the laws of all member states.
new text end

Sec. 12.

new text begin [147C.521] CONSTRUCTION AND SEVERABILITY.
new text end

new text begin (a) This compact and the commission's rulemaking authority shall be liberally construed
so as to effectuate the purposes and the implementation and administration of the compact.
Provisions of the compact expressly authorizing or requiring the promulgation of rules shall
not be construed to limit the commission's rulemaking authority solely for those purposes.
new text end

new text begin (b) The provisions of this compact shall be severable, and if any phrase, clause, sentence,
or provision of this compact is held by a court of competent jurisdiction to be contrary to
the constitution of any member state, a state seeking participation in the compact, or of the
United States, or the applicability thereof to any government, agency, person, or circumstance
is held to be unconstitutional by a court of competent jurisdiction, the validity of the
remainder of this compact and the applicability thereof to any other government, agency,
person, or circumstance shall not be affected thereby.
new text end

new text begin (c) Notwithstanding paragraph (b), the commission may deny a state's participation in
the compact or, in accordance with the requirements of section 147C.519, terminate a
member state's participation in the compact, if it determines that a constitutional requirement
of a member state is a material departure from the compact. Otherwise, if this compact shall
be held to be contrary to the constitution of any member state, the compact shall remain in
full force and effect as to the remaining member states and in full force and effect as to the
member state affected as to all severable matters.
new text end

Sec. 13.

new text begin [147C.522] CONSISTENT EFFECT AND CONFLICT WITH OTHER
STATE LAWS.
new text end

new text begin (a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member
state that is not inconsistent with the compact.
new text end

new text begin (b) Any laws, statutes, regulations, or other legal requirements in a member state in
conflict with the compact are superseded to the extent of the conflict, including any
subsequently enacted state laws.
new text end

new text begin (c) All permissible agreements between the commission and the member states are
binding in accordance with their terms.
new text end

new text begin (d) Other than as expressly set forth herein, nothing in this compact will impact initial
licensure.
new text end