SF 2394

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/19/2024 10:01am

A bill for an act
relating to health occupations; creating a licensure compact for physician assistants,
occupational therapists, physical therapists, licensed professional counselors,
audiologists and speech language pathologists, dentists and dental hygienists, and
social workers; proposing coding for new law in Minnesota Statutes, chapters 148;
148B; 148E; 150A.

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

ARTICLE 1

PHYSICIAN ASSISTANTS

Section 1.

new text begin [148.675] PHYSICIAN ASSISTANT LICENSURE COMPACT.
new text end

new text begin The physician assistant (PA) licensure compact is enacted into law and entered into with
all other jurisdictions legally joining in it in the form substantially specified in this section.
new text end

new text begin ARTICLE I
new text end

new text begin TITLE
new text end

new text begin This statute shall be known and cited as the physician assistant licensure compact.
new text end

new text begin ARTICLE II
new text end

new text begin DEFINITIONS
new text end

new text begin As used in this compact, and except as otherwise provided, the following terms have
the meanings given them.
new text end

new text begin (a) "Adverse action" means any administrative, civil, equitable, or criminal action
permitted by a state's laws that is imposed by a licensing board or other authority against a
PA license, license application, or compact privilege such as license denial, censure,
revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's
practice.
new text end

new text begin (b) "Charter participating states" means the states that enacted the compact prior to the
commission convening.
new text end

new text begin (c) "Compact privilege" means the authorization granted by a remote state to allow a
licensee from another participating state to practice as a PA to provide medical services or
other licensed activities to a patient located in the remote state under the remote state's laws
and regulations.
new text end

new text begin (d) "Conviction" means a finding by a court that an individual is guilty of a felony or
misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the
charge by the offender.
new text end

new text begin (e) "Criminal background check" means the submission of fingerprints or other
biometric-based information for a license applicant for the purpose of obtaining that
applicant's criminal history record information, as defined in Code of Federal Regulations,
title 28, part 20, subpart 20.3, clause (d), from the state's criminal history record repository,
as defined in Code of Federal Regulations, title 28, part 20, subpart 20.3, clause (f).
new text end

new text begin (f) "Data system" means the repository of information about licensees, including but not
limited to license status and adverse action, that is created and administered under the terms
of this compact.
new text end

new text begin (g) "Executive committee" means a group of directors and ex officio individuals elected
or appointed pursuant to article VII, paragraph (f), clause (2).
new text end

new text begin (h) "Impaired practitioner" means a PA whose practice is adversely affected by a
health-related condition that impacts the PA's ability to practice.
new text end

new text begin (i) "Investigative information" means information, records, and documents received or
generated by a licensing board pursuant to an investigation.
new text end

new text begin (j) "Jurisprudence requirement" means the assessment of an individual's knowledge of
the laws and rules governing the practice of a PA in a state.
new text end

new text begin (k) "License" means current authorization by a state, other than authorization pursuant
to a compact privilege, for a PA to provide medical services, which would be unlawful
without current authorization.
new text end

new text begin (l) "Licensee" means an individual who holds a license from a state to provide medical
services as a PA.
new text end

new text begin (m) "Licensing board" means any state entity authorized to license and otherwise regulate
PAs.
new text end

new text begin (n) "Medical services" means health care services provided for the diagnosis, prevention,
treatment, cure, or relief of a health condition, injury, or disease, as defined by a state's laws
and regulations.
new text end

new text begin (o) "Model compact" means the model for the PA licensure compact on file with the
Council of State Governments or other entity as designated by the commission.
new text end

new text begin (p) "Participating state" means a state that has enacted this compact.
new text end

new text begin (q) "PA" means an individual who is licensed as a physician assistant in a state. For
purposes of this compact, any other title or status adopted by a state to replace the term
"physician assistant" shall be deemed synonymous with "physician assistant" 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 (r) "PA Licensure Compact Commission" or "compact commission" or "commission"
means the national administrative body created pursuant to article VII, paragraph (a).
new text end

new text begin (s) "Qualifying license" means an unrestricted license issued by a participating state to
provide medical services as a PA.
new text end

new text begin (t) "Remote state" means a participating state where a licensee who is not licensed as a
PA is exercising or seeking to exercise the compact privilege.
new text end

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

new text begin (v) "Significant investigative information" means investigative information that a
licensing board, after an inquiry or investigation that includes notification and an opportunity
for the PA to respond if required by state law, has reason to believe is not groundless and,
if proven true, would indicate more than a minor infraction.
new text end

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

new text begin ARTICLE III
new text end

new text begin STATE PARTICIPATION IN THE COMPACT
new text end

new text begin (a) To participate in this compact, a participating state must:
new text end

new text begin (1) license PAs;
new text end

new text begin (2) participate in the commission's data system;
new text end

new text begin (3) have a mechanism in place for receiving and investigating complaints against licensees
and license applicants;
new text end

new text begin (4) notify the commission, in compliance with the terms of this compact and commission
rules, of any adverse action against the licensee or license applicant and the existence of
significant investigative information regarding a licensee or license applicant;
new text end

new text begin (5) fully implement a criminal background check requirement, within a time frame
established by commission rule, by its licensing board receiving the results of a criminal
background check and reporting to the commission whether the license applicant has been
granted a license;
new text end

new text begin (6) fully comply with the rules of the compact commission;
new text end

new text begin (7) utilize a recognized national examination such as the National Commission on
Certification of Physician Assistants (NCCPA) physician assistant national certifying
examination as a requirement for PA licensure; and
new text end

new text begin (8) grant the compact privilege to a holder of a qualifying license in a participating state.
new text end

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

new text begin ARTICLE IV
new text end

new text begin COMPACT PRIVILEGE
new text end

new text begin (a) To exercise the compact privilege, a licensee must:
new text end

new text begin (1) have graduated from a PA program accredited by the Accreditation Review
Commission on Education for the Physician Assistant, Inc. or other programs authorized
by commission rule;
new text end

new text begin (2) hold current NCCPA certification;
new text end

new text begin (3) have no felony or misdemeanor convictions;
new text end

new text begin (4) have never had a controlled substance license, permit, or registration suspended or
revoked by a state or by the United States Drug Enforcement Administration;
new text end

new text begin (5) have a unique identifier as determined by commission rule;
new text end

new text begin (6) hold a qualifying license;
new text end

new text begin (7) have had no revocation of a license or limitation or restriction due to an adverse
action on any currently held license;
new text end

new text begin (8) if a licensee has had a limitation or restriction on a license or compact privilege due
to an adverse action, two years must have elapsed from the date on which the license or
compact privilege is no longer limited or restricted due to the adverse action;
new text end

new text begin (9) if a compact privilege has been revoked or is limited or restricted in a participating
state for conduct that would not be a basis for disciplinary action in a participating state in
which the licensee is practicing or applying to practice under a compact privilege, that
participating state shall have the discretion not to consider such action as an adverse action
requiring the denial or removal of a compact privilege in that state;
new text end

new text begin (10) notify the compact commission that the licensee is seeking the compact privilege
in a remote state;
new text end

new text begin (11) meet any jurisprudence requirement of a remote state in which the licensee is seeking
to practice under the compact privilege and pay any fees applicable to satisfying the
jurisprudence requirement; and
new text end

new text begin (12) report to the commission any adverse action taken by any nonparticipating state
within 30 days after the date the action is taken.
new text end

new text begin (b) The compact privilege is valid until the expiration or revocation of the qualifying
license unless terminated pursuant to an adverse action. The licensee must also comply with
all of the requirements of paragraph (a) to maintain the compact privilege in a remote state.
If the participating state takes adverse action against a qualifying license, the licensee shall
lose the compact privilege in any remote state in which the licensee has a compact privilege
until all of the following occur:
new text end

new text begin (1) the license is no longer limited or restricted; and
new text end

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

new text begin (c) Once a restricted or limited license satisfies the requirements of paragraph (b), the
licensee must meet the requirements of paragraph (a) to obtain a compact privilege in any
remote state.
new text end

new text begin (d) For each remote state in which a PA seeks authority to prescribe controlled substances,
the PA shall satisfy all requirements imposed by such state in granting or renewing such
authority.
new text end

new text begin ARTICLE V
new text end

new text begin DESIGNATION OF THE STATE FROM WHICH LICENSEE IS APPLYING FOR
COMPACT PRIVILEGE
new text end

new text begin Upon a licensee's application for a compact privilege, the licensee must identify to the
commission the participating state from which the licensee is applying, in accordance with
applicable rules adopted by the commission, and subject to the following requirements:
new text end

new text begin (1) the licensee must provide the commission with the address of the licensee's primary
residence and thereafter shall immediately report to the commission any change in the
address of the licensee's primary residence; and
new text end

new text begin (2) the licensee must consent to accept service of process by mail at the licensee's primary
residence on file with the commission with respect to any action brought against the licensee
by the commission or a participating state, including a subpoena, with respect to any action
brought or investigation conducted by the commission or a participating state.
new text end

new text begin ARTICLE VI
new text end

new text begin ADVERSE ACTIONS
new text end

new text begin (a) A participating state in which a licensee is licensed shall have exclusive power to
impose adverse action against the qualifying license issued by that participating state.
new text end

new text begin (b) In addition to the other powers conferred by state law, a remote state shall have the
authority, in accordance with existing state due process law, to do the following:
new text end

new text begin (1) take adverse action against a PA's compact privilege in the state to remove a licensee's
compact privilege or take other action necessary under applicable law to protect the health
and safety of its citizens; and
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 issued by a licensing
board in a participating state for the attendance and testimony of witnesses or the production
of evidence from another participating state shall be enforced in the latter state by any court
of competent jurisdiction, according to the practice and procedure of that court applicable
to subpoenas issued in 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 in which the witnesses or evidence are located.
new text end

new text begin (c) Notwithstanding paragraph (b), clause (1), subpoenas may not be issued by a
participating state to gather evidence of conduct in another state that is lawful in that other
state, for the purpose of taking adverse action against a licensee's compact privilege or
application for a compact privilege in that participating state.
new text end

new text begin (d) Nothing in this compact authorizes a participating state to impose discipline against
a PA's compact privilege or to deny an application for a compact privilege in that participating
state for the individual's otherwise lawful practice in another state.
new text end

new text begin (e) For purposes of taking adverse action, the participating state which issued the
qualifying license shall give the same priority and effect to reported conduct received from
any other participating state as it would if the conduct had occurred within the participating
state which issued the qualifying license. In so doing, that participating state shall apply its
own state laws to determine appropriate action.
new text end

new text begin (f) A participating state, if otherwise permitted by state law, may recover from the
affected PA the costs of investigations and disposition of cases resulting from any adverse
action taken against that PA.
new text end

new text begin (g) A participating state may take adverse action based on the factual findings of a remote
state, provided that the participating state follows its own procedures for taking the adverse
action.
new text end

new text begin (h) Joint investigations:
new text end

new text begin (1) in addition to the authority granted to a participating state by its respective state PA
laws and regulations or other applicable state law, any participating state may participate
with other participating states in joint investigations of licensees; and
new text end

new text begin (2) participating states shall share any investigative, litigation, or compliance materials
in furtherance of any joint or individual investigation initiated under this compact.
new text end

new text begin (i) If an adverse action is taken against a PA's qualifying license, the PA's compact
privilege in all remote states shall be deactivated until two years have elapsed after all
restrictions have been removed from the state license. All disciplinary orders by the
participating state which issued the qualifying license that impose adverse action against a
PA's license shall include a statement that the PA's compact privilege is deactivated in all
participating states during the pendency of the order.
new text end

new text begin (j) If any participating state takes adverse action, it promptly shall notify the administrator
of the data system.
new text end

new text begin ARTICLE VII
new text end

new text begin ESTABLISHMENT OF THE PA LICENSURE COMPACT COMMISSION
new text end

new text begin (a) The participating states hereby create and establish a joint government agency and
national administrative body known as the PA Licensure Compact Commission. The
commission is an instrumentality of the compact states acting jointly, and is 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 article XI, paragraph (a).
new text end

new text begin (b) Membership, voting, and meetings:
new text end

new text begin (1) each participating state shall have and be limited to one delegate selected by that
participating state's licensing board or, if the state has more than one licensing board, selected
collectively by the participating state's licensing boards;
new text end

new text begin (2) the delegate shall be:
new text end

new text begin (i) a current PA, physician, or public member of a licensing board or PA council or
committee; or
new text end

new text begin (ii) an administrator of a licensing board;
new text end

new text begin (3) any delegate may be removed or suspended from office as provided by the laws of
the state from which the delegate is appointed;
new text end

new text begin (4) the participating state board shall fill any vacancy occurring in the commission within
60 days;
new text end

new text begin (5) each delegate shall be entitled to one vote on all matters voted on by the commission
and shall otherwise have an opportunity to participate in the business and affairs of the
commission;
new text end

new text begin (6) a delegate shall vote in person or by such other means as provided in the bylaws.
The bylaws may provide for delegates' participation in meetings by telecommunications,
video conference, or other means of communication;
new text end

new text begin (7) the commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in this compact and the bylaws; and
new text end

new text begin (8) the commission shall establish by rule a term of office for delegates.
new text end

new text begin (c) The commission shall have the following powers and duties:
new text end

new text begin (1) establish a code of ethics for the commission;
new text end

new text begin (2) establish the fiscal year of the commission;
new text end

new text begin (3) establish fees;
new text end

new text begin (4) establish bylaws;
new text end

new text begin (5) maintain its financial records in accordance with the bylaws;
new text end

new text begin (6) meet and take such actions as are consistent with the provisions of this compact and
the bylaws;
new text end

new text begin (7) promulgate rules to facilitate and coordinate implementation and administration of
this compact. The rules shall have the force and effect of law and shall be binding in all
participating states;
new text end

new text begin (8) bring and prosecute legal proceedings or actions in the name of the commission,
provided that the standing of any state licensing board to sue or be sued under applicable
law shall not be affected;
new text end

new text begin (9) purchase and maintain insurance and bonds;
new text end

new text begin (10) borrow, accept, or contract for services of personnel, including but not limited to
employees of a participating state;
new text end

new text begin (11) hire employees and engage contractors, elect or appoint officers, fix compensation,
define duties, grant such individuals appropriate authority to carry out the purposes of this
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) accept any and all appropriate donations and grants of money, equipment, supplies,
materials, and services, and receive, utilize, and dispose of the same, provided that at all
times the commission shall avoid any appearance of impropriety or conflict of interest;
new text end

new text begin (13) lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold,
improve, or use, any property, real, personal, or mixed, provided that at all times the
commission shall avoid any appearance of impropriety;
new text end

new text begin (14) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
new text end

new text begin (15) establish a budget and make expenditures;
new text end

new text begin (16) borrow money;
new text end

new text begin (17) appoint committees, including standing committees composed of members, 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 (18) provide and receive information from, and cooperate with, law enforcement agencies;
new text end

new text begin (19) elect a chair, vice chair, secretary, and treasurer and such other officers of the
commission as provided in the commission's bylaws;
new text end

new text begin (20) reserve for itself, in addition to those reserved exclusively to the commission under
the compact, powers that the executive committee may not exercise;
new text end

new text begin (21) approve or disapprove a state's participation in the compact based upon its
determination as to whether the state's compact legislation departs in a material manner
from the model compact language;
new text end

new text begin (22) prepare and provide to the participating states an annual report; 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 consistent with the state regulation of PA licensure and practice.
new text end

new text begin (d) Meetings of the commission:
new text end

new text begin (1) all meetings of the commission that are not closed pursuant to this paragraph 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 (2) notwithstanding clause (1), the commission may convene a 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 article IX, paragraph (l);
new text end

new text begin (3) the commission may convene in a closed, nonpublic meeting or nonpublic part of a
public meeting to receive legal advice or to discuss:
new text end

new text begin (i) noncompliance of a participating state with its obligations under this compact;
new text end

new text begin (ii) the employment, compensation, discipline, or other matters, practices, or procedures
related to specific employees, or other matters related to the commission's internal personnel
practices and procedures;
new text end

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

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

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

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

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

new text begin (viii) disclosure of investigative records compiled for law enforcement purposes;
new text end

new text begin (ix) disclosure of 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 this compact;
new text end

new text begin (x) legal advice; or
new text end

new text begin (xi) matters specifically exempted from disclosure by federal or participating states'
statutes;
new text end

new text begin (4) if a meeting, or portion of a meeting, is closed pursuant to clause (3), the chair of
the meeting or the chair's designee shall certify that the meeting or portion of the meeting
may be closed and shall reference each relevant exempting provision; and
new text end

new text begin (5) the commission shall keep minutes that fully and clearly describe all matters discussed
in a meeting and shall provide a full and accurate summary of actions taken, including a
description of the views expressed. 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 by a majority vote of the commission or order of a
court of competent jurisdiction.
new text end

new text begin (e) Financing of the commission:
new text end

new text begin (1) 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 (2) the commission may accept any and all appropriate revenue sources, donations, and
grants of money, equipment, supplies, materials, and services;
new text end

new text begin (3) the commission may levy on and collect an annual assessment from each participating
state and may impose compact privilege fees on licensees of participating states to whom
a compact privilege is granted, to cover the cost of the operations and activities of the
commission and its staff. The cost of the operations and activities of the commission and
its staff must be in a total amount sufficient to cover its annual budget as approved by the
commission each year for which revenue is not provided by other sources. The aggregate
annual assessment amount levied on participating states shall be allocated based upon a
formula to be determined by commission rule:
new text end

new text begin (i) a compact privilege expires when the licensee's qualifying license in the participating
state from which the licensee applied for the compact privilege expires; and
new text end

new text begin (ii) if the licensee terminates the qualifying license through which the licensee applied
for the compact privilege before its scheduled expiration, and the licensee has a qualifying
license in another participating state, the licensee shall inform the commission that it is
changing the participating state through which it applies for a compact privilege to the other
participating state and pay to the commission any compact privilege fee required by
commission rule;
new text end

new text begin (4) the commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same, nor shall the commission pledge the credit of any of the
participating states, except by and with the authority of the participating state; and
new text end

new text begin (5) 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. 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 (f) The executive committee:
new text end

new text begin (1) the executive committee shall have the power to act on behalf of the commission
according to the terms of this compact and commission rules;
new text end

new text begin (2) the executive committee shall be composed of nine members as follows:
new text end

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

new text begin (ii) one ex officio, nonvoting member from a recognized national PA professional
association; and
new text end

new text begin (iii) one ex officio, nonvoting member from a recognized national PA certification
organization;
new text end

new text begin (3) the ex officio members will be selected by their respective organizations;
new text end

new text begin (4) the commission may remove any member of the executive committee as provided
in its bylaws;
new text end

new text begin (5) the executive committee shall meet at least annually;
new text end

new text begin (6) the executive committee shall have the following duties and responsibilities:
new text end

new text begin (i) recommend to the entire commission changes to the commission's rules or bylaws,
changes to this compact legislation, fees paid by compact participating states such as annual
dues, and any commission compact fee charged to licensees for the compact privilege;
new text end

new text begin (ii) ensure compact administration services are appropriately provided, contractual or
otherwise;
new text end

new text begin (iii) prepare and recommend the budget;
new text end

new text begin (iv) maintain financial records on behalf of the commission;
new text end

new text begin (v) monitor compact compliance of participating states and provide compliance reports
to the commission;
new text end

new text begin (vi) establish additional committees as necessary;
new text end

new text begin (vii) exercise the powers and duties of the commission during the interim between
commission meetings, except for issuing proposed rulemaking or adopting commission
rules or bylaws, or exercising any other powers and duties exclusively reserved to the
commission by the commission's rules; and
new text end

new text begin (viii) perform other duties as provided in commission's rules or bylaws;
new text end

new text begin (7) all meetings of the executive committee at which it votes or plans to vote on matters
in exercising the powers and duties of the commission shall be open to the public, and public
notice of such meetings shall be given as public meetings of the commission are given; and
new text end

new text begin (8) the executive committee may convene in a closed, nonpublic meeting for the same
reasons that the commission may convene in a nonpublic meeting as set forth in paragraph
(d), clause (3), and shall announce the closed meeting as the commission is required to
under paragraph (d), clause (4), and keep minutes of the closed meeting as the commission
is required to under paragraph (d), clause (5).
new text end

new text begin (g) Qualified immunity, defense, and indemnification:
new text end

new text begin (1) the members, officers, executive director, employees, and representatives 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 (2) the commission shall defend any member, officer, executive director, employee, or
representative 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 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 (3) the commission shall indemnify and hold harmless any member, officer, executive
director, employee, or representative 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 (4) except as provided under paragraph (i), 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 in any proceedings as authorized by commission
rules;
new text end

new text begin (5) 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 (6) nothing herein shall be construed to designate the venue or jurisdiction to bring
actions for alleged acts of malpractice, professional misconduct, negligence, or other such
civil action pertaining to the practice of a PA. All such matters shall be determined
exclusively by state law other than this compact;
new text end

new text begin (7) nothing in this compact shall be interpreted to waive or otherwise abrogate a
participating state's state action immunity or state action affirmative defense with respect
to antitrust claims under the federal Sherman Act, Clayton Act, or any other state or federal
antitrust or anticompetitive law or regulation; and
new text end

new text begin (8) nothing in this compact shall be construed to be a waiver of sovereign immunity by
the participating states or by the commission.
new text end

new text begin (h) Notwithstanding paragraph (g), clause (1), the liability of the executive director,
employees, or representatives of the interstate commission, acting within the scope of their
employment or duties, may not exceed the limits of liability set forth under the constitution
and laws of this state for state officials, employees, and agents. This paragraph expressly
incorporates section 3.736, and neither expands nor limits the rights and remedies provided
under that statute.
new text end

new text begin (i) Except for a claim alleging a violation of this compact, a claim against the commission,
its executive director, employees, or representatives alleging a violation of the constitution
and laws of this state may be brought in any county where the plaintiff resides. Nothing in
this paragraph creates a private right of action.
new text end

new text begin ARTICLE VIII
new text end

new text begin DATA SYSTEM
new text end

new text begin (a) The commission shall provide for the development, maintenance, and utilization of
a coordinated database and reporting system containing licensure and adverse action
information, and the reporting of significant investigative information on all licensed PAs
and applicants denied a license in participating states.
new text end

new text begin (b) Notwithstanding any other state law to the contrary, a participating state shall submit
a uniform data set to the data system on all PAs to whom this compact is applicable, using
a unique identifier, as required by the rules of the commission, including:
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 license or compact privilege;
new text end

new text begin (4) any denial of application for licensure and the reason or reasons for the denial,
excluding the reporting of any criminal history record information where prohibited by law;
new text end

new text begin (5) the existence of significant investigative information; and
new text end

new text begin (6) other information that may facilitate the administration of this compact, as determined
by the rules of the commission.
new text end

new text begin (c) Significant investigative information pertaining to a licensee in any participating
state shall only be available to other participating states.
new text end

new text begin (d) The commission shall promptly notify all participating states of any reports it receives
of any adverse action taken against a licensee or an individual applying for a license. This
adverse action information shall be available to any other participating state.
new text end

new text begin (e) Participating states contributing information to the data system may, in accordance
with state or federal law, designate information that may not be shared with the public
without the express permission of the contributing state. Notwithstanding any such
designation, such information shall be reported to the commission through the data system.
new text end

new text begin (f) Any information submitted to the data system that is subsequently expunged by
federal law or the laws of the participating state contributing the information shall be removed
from the data system upon reporting of such by the participating state to the commission.
new text end

new text begin (g) The records and information provided to a participating 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, quasi-judicial, or administrative
proceedings in a participating state.
new text end

new text begin ARTICLE IX
new text end

new text begin RULEMAKING
new text end

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

new text begin (b) The commission shall promulgate reasonable rules in order to effectively and
efficiently implement and administer this compact and achieve its purposes. A commission
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 of the purposes of this compact, or the powers granted
hereunder, or based upon another applicable standard of review.
new text end

new text begin (c) The rules of the commission shall have the force of law in each participating state,
provided however that where the rules of the commission conflict with the laws of the
participating state that establish the medical services a PA may perform in the participating
state, as held by a court of competent jurisdiction, the rules of the commission shall be
ineffective in that state to the extent of the conflict.
new text end

new text begin (d) If a majority of the legislatures of the participating states rejects a commission 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 participating state or in any state applying to participate in the compact.
new text end

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

new text begin (f) Prior to promulgation and adoption of a final rule or rules by the commission and at
least 30 days in advance of the meeting at which the rule will be considered and voted upon,
the commission shall file 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 ways as the commission may specify by rule.
new text end

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

new text begin (1) the time, date, and location of the public hearing on the proposed rule;
new text end

new text begin (2) the time, date, and location of the public hearing in which the proposed rule will be
considered and voted upon;
new text end

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

new text begin (4) a request for comments on the proposed rule from any interested person and the date
by which written comments must be received; and
new text end

new text begin (5) the manner in which interested persons may submit notice to the commission of their
intention to attend the public hearing and any written comments.
new text end

new text begin (h) Prior to adoption of a proposed rule, the commission shall allow persons to submit
written data, facts, opinions, and arguments, which shall be made available to the public.
new text end

new text begin (i) If the hearing is held via electronic means, the commission shall publish the mechanism
for access to the electronic hearing:
new text end

new text begin (1) all persons wishing to be heard at the hearing shall notify the commission of their
desire to appear and testify at the hearing, not less than five business days before the
scheduled date of the hearing, as directed in the notice of proposed rulemaking;
new text end

new text begin (2) hearings shall be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing;
new text end

new text begin (3) all hearings shall be recorded. A copy of the recording and the written comments,
data, facts, opinions, and arguments received in response to the proposed rulemaking shall
be made available to a person on request; and
new text end

new text begin (4) nothing in this section shall be construed as requiring a separate hearing on each
rule. Proposed rules may be grouped for the convenience of the commission at hearings
required by this article.
new text end

new text begin (j) Following the public hearing, the commission shall consider all written and oral
comments timely received.
new text end

new text begin (k) The commission shall, by majority vote of all delegates, take final action on the
proposed rule and shall determine the effective date of the rule, if adopted, based on the
rulemaking record and the full text of the rule. The commission:
new text end

new text begin (1) shall, if adopted, post the rule on the commission's website;
new text end

new text begin (2) may adopt changes to the proposed rule provided the changes do not expand the
original purpose of the proposed rule;
new text end

new text begin (3) shall provide on its website 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; and
new text end

new text begin (4) 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
the commission issued the notice that it adopted 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' prior notice, without the opportunity for comment
or hearing, provided that the usual rulemaking procedures provided in the compact and in
this article 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 provision,
an emergency rule is one that must be adopted immediately by the commission 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 participating state funds;
new text end

new text begin (3) meet a deadline for the promulgation of a commission 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 commission 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
as set forth in the notice of revisions 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 participating state's rulemaking requirements shall apply under this compact.
new text end

new text begin ARTICLE X
new text end

new text begin OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
new text end

new text begin (a) Oversight:
new text end

new text begin (1) the executive and judicial branches of state government in each participating state
shall enforce this compact and take all actions necessary and appropriate to implement the
compact;
new text end

new text begin (2) 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; and
new text end

new text begin (3) the commission shall be entitled to receive service of process in any such proceeding
regarding the enforcement or interpretation of the compact or the commission's rules and
shall have standing to intervene in such a proceeding for all purposes. Failure to provide
service of process to the commission shall render a judgment or order void as to the
commission, this compact, or commission rules.
new text end

new text begin (b) Default, technical assistance, and termination:
new text end

new text begin (1) if the commission determines that a participating state has defaulted in the
performance of its obligations or responsibilities under this compact or the commission
rules, the commission shall:
new text end

new text begin (i) provide written notice to the defaulting state and other participating states describing
the default, the proposed means of curing the default, or any other action that the commission
may take; and
new text end

new text begin (ii) offer remedial training and specific technical assistance regarding the default;
new text end

new text begin (2) if a state in default fails to cure the default, the defaulting state may be terminated
from this compact upon an affirmative vote of a majority of the delegates of the participating
states, and all rights, privileges, and benefits conferred 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 (3) termination of participation in this 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, and the licensing board or boards of each of the participating
states;
new text end

new text begin (4) 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;
new text end

new text begin (5) the commission shall not bear any costs related to a state that is found to be in default
or that has been terminated from this compact, unless agreed upon in writing between the
commission and the defaulting state;
new text end

new text begin (6) the defaulting state may appeal its termination from the compact by 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 member shall be
awarded all costs of such litigation, including reasonable attorney fees; and
new text end

new text begin (7) upon the termination of a state's participation in the compact, the state shall
immediately provide notice to all licensees within that state of such termination:
new text end

new text begin (i) licensees who have been granted a compact privilege in that state shall retain the
compact privilege for 180 days following the effective date of such termination; and
new text end

new text begin (ii) licensees who are licensed in that state who have been granted a compact privilege
in a participating state shall retain the compact privilege for 180 days, unless the licensee
also has a qualifying license in a participating state or obtains a qualifying license in a
participating state before the 180-day period ends, in which case the compact privilege shall
continue.
new text end

new text begin (c) Dispute resolution:
new text end

new text begin (1) upon request by a participating state, the commission shall attempt to resolve disputes
related to this compact that arise among participating states and between participating and
nonparticipating states; and
new text end

new text begin (2) the commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes, as appropriate.
new text end

new text begin (d) Enforcement:
new text end

new text begin (1) the commission, in the reasonable exercise of its discretion, shall enforce the
provisions of this compact and rules of the commission;
new text end

new text begin (2) if compliance is not secured after all means to secure compliance have been exhausted,
by majority vote, the commission may initiate legal action in the United States District
Court for the District of Columbia or the federal district where the commission has its
principal offices against a participating state in default, to enforce compliance with the
provisions of this compact and the commission's promulgated rules and bylaws. The relief
sought may include both injunctive relief and damages. In the event judicial enforcement
is necessary, the prevailing member shall be awarded all costs of such litigation, including
reasonable attorney fees; and
new text end

new text begin (3) the remedies herein shall not be the exclusive remedies of the commission. The
commission may pursue any other remedies available under federal or state law.
new text end

new text begin (e) Legal action against the commission:
new text end

new text begin (1) a participating 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 the
commission's 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; and
new text end

new text begin (2) no person other than a participating state shall enforce this compact against the
commission.
new text end

new text begin ARTICLE XI
new text end

new text begin DATE OF IMPLEMENTATION OF THE PA LICENSURE COMPACT COMMISSION
new text end

new text begin (a) This compact shall come into effect on the date on which the compact statute is
enacted into law in the seventh participating 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 charter participating states to determine if the statute
enacted by each charter participating state is materially different than the model compact.
A charter participating state whose enactment is found to be materially different from the
model compact shall be entitled to the default process set forth in article X, paragraph (b).
new text end

new text begin (c) If any participating state later withdraws from the compact or its participation is
terminated, the commission shall remain in existence and the compact shall remain in effect
even if the number of participating states should be less than seven. Participating states
enacting the compact subsequent to the commission convening shall be subject to the process
set forth in article VII, paragraph (c), clause (21), 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 (d) Any participating state enacting the compact subsequent to the seven initial charter
participating states shall be subject to the process set forth in article VII, paragraph (c),
clause (21), to determine if the state's enactment is materially different from the model
compact and whether the state qualifies for participation in the compact.
new text end

new text begin (e) 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.
new text end

new text begin (f) Any state that joins this compact shall be subject to the commission's rules and bylaws
as they exist on the date on which this 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 day this compact becomes law in that state.
new text end

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

new text begin (1) a participating state's withdrawal shall not take effect until 180 days after enactment
of the repealing statute. During this 180-day period, all compact privileges that were in
effect in the withdrawing state and were granted to licensees licensed in the withdrawing
state shall remain in effect. If any licensee licensed in the withdrawing state is also licensed
in another participating state or obtains a license in another participating state within the
180 days, the licensee's compact privileges in other participating states shall not be affected
by the passage of the 180 days;
new text end

new text begin (2) withdrawal shall not affect the continuing requirement of the state licensing board
or boards of the withdrawing state to comply with the investigative and adverse action
reporting requirements of this compact prior to the effective date of withdrawal; and
new text end

new text begin (3) upon the enactment of a statute withdrawing a state from this compact, the state shall
immediately provide notice of such withdrawal to all licensees within that state. 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 (h) Nothing contained in this compact shall be construed to invalidate or prevent any
PA licensure agreement or other cooperative arrangement between participating states or a
participating state and a nonparticipating state that does not conflict with the provisions of
this compact.
new text end

new text begin (i) This compact may be amended by the participating states. No amendment to this
compact shall become effective and binding upon any participating state until it is enacted
materially in the same manner into the laws of all participating states, as determined by the
commission.
new text end

new text begin ARTICLE XII
new text end

new text begin 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 of the compact and its implementation and administration.
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 participating state, of 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 government, agency,
person, or circumstance shall not be affected thereby.
new text end

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

new text begin ARTICLE XIII
new text end

new text begin BINDING EFFECT OF THE COMPACT
new text end

new text begin (a) Nothing herein prevents the enforcement of any other law of a participating state
that is not inconsistent with this compact.
new text end

new text begin (b) Any laws in a participating state in conflict with this compact are superseded to the
extent of the conflict.
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin DIRECTION TO BOARD OF MEDICAL PRACTICE.
new text end

new text begin The Board of Medical Practice must publish the effective date of the compact in
Minnesota Statutes, section 148.675, in the State Register and on the board's website.
new text end

ARTICLE 2

OCCUPATIONAL THERAPISTS

Section 1.

new text begin [148.645] OCCUPATIONAL THERAPY LICENSURE COMPACT.
new text end

new text begin ARTICLE I
new text end

new text begin TITLE
new text end

new text begin This statute shall be known and cited as the occupational therapist licensure compact.
new text end

new text begin ARTICLE II
new text end

new text begin DEFINITIONS
new text end

new text begin As used in this compact, and except as otherwise provided, the following definitions
shall apply:
new text end

new text begin (A) "Active duty military" means full-time duty status in the active uniformed service
of the United States, including members of the National Guard and Reserve on active duty
orders pursuant to United States Code, title 10, sections 1209 and 1211.
new text end

new text begin (B) "Adverse action" means any administrative, civil, equitable, or criminal action
permitted by a state's laws which is imposed by a licensing board or other authority against
an occupational therapist or occupational therapy assistant, including actions against an
individual's license or compact privilege such as censure, revocation, suspension, probation,
monitoring of the licensee, or restriction on the licensee's practice.
new text end

new text begin (C) "Alternative program" means a nondisciplinary monitoring process approved by an
occupational therapy licensing board.
new text end

new text begin (D) "Compact privilege" means the authorization, which is equivalent to a license,
granted by a remote state to allow a licensee from another member state to practice as an
occupational therapist or practice as an occupational therapy assistant in the remote state
under its laws and rules. The practice of occupational therapy occurs in the member state
where the patient or client is located at the time of the patient or client encounter.
new text end

new text begin (E) "Continuing competence" or "continuing education" means a requirement, as a
condition of license renewal, to provide evidence of participation in, and completion of,
educational and professional activities relevant to practice or area of work.
new text end

new text begin (F) "Current significant investigative information" means investigative information that
a licensing board, after an inquiry or investigation that includes notification and an
opportunity for the occupational therapist or occupational therapy assistant to respond, if
required by state law, has reason to believe is not groundless and, if proven true, would
indicate more than a minor infraction.
new text end

new text begin (G) "Data system" means a repository of information about licensees, including but not
limited to license status, investigative information, compact privileges, and adverse actions.
new text end

new text begin (H) "Encumbered license" means a license in which an adverse action restricts the
practice of occupational therapy by the licensee or said adverse action has been reported to
the National Practitioners Data Bank (NPDB).
new text end

new text begin (I) "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 (J) "Home state" means the member state that is the licensee's primary state of residence.
new text end

new text begin (K) "Impaired practitioner" means an individual whose professional practice is adversely
affected by substance abuse, addiction, or other health-related conditions.
new text end

new text begin (L) "Investigative information" means information, records, or documents received or
generated by an occupational therapy licensing board pursuant to an investigation.
new text end

new text begin (M) "Jurisprudence requirement" means the assessment of an individual's knowledge
of the laws and rules governing the practice of occupational therapy in a state.
new text end

new text begin (N) "Licensee" means an individual who currently holds an authorization from the state
to practice as an occupational therapist or as an occupational therapy assistant.
new text end

new text begin (O) "Member state" means a state that has enacted the compact.
new text end

new text begin (P) "Occupational therapist" means an individual who is licensed by a state to practice
occupational therapy.
new text end

new text begin (Q) "Occupational therapy assistant" means an individual who is licensed by a state to
assist in the practice of occupational therapy.
new text end

new text begin (R) "Occupational therapy," "occupational therapy practice," and "the practice of
occupational therapy" mean the care and services provided by an occupational therapist or
an occupational therapy assistant as set forth in the member state's statutes and regulations.
new text end

new text begin (S) "Occupational therapy compact commission" or "commission" means the national
administrative body whose membership consists of all states that have enacted the compact.
new text end

new text begin (T) "Occupational therapy licensing board" or "licensing board" means the agency of a
state that is authorized to license and regulate occupational therapists and occupational
therapy assistants.
new text end

new text begin (U) "Primary state of residence" means the state, also known as the home state, in which
an occupational therapist or occupational therapy assistant who is not active duty military
declares a primary residence for legal purposes as verified by driver's license, federal income
tax return, lease, deed, mortgage, or voter registration or other verifying documentation as
further defined by commission rules.
new text end

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

new text begin (W) "Rule" means a regulation promulgated by the commission that has the force of
law.
new text end

new text begin (X) "State" means any state, commonwealth, district, or territory of the United States
of America that regulates the practice of occupational therapy.
new text end

new text begin (Y) "Single-state license" means an occupational therapist or occupational therapy
assistant license issued by a member state that authorizes practice only within the issuing
state and does not include a compact privilege in any other member state.
new text end

new text begin (Z) "Telehealth" means the application of telecommunication technology to deliver
occupational therapy services for assessment, intervention, or consultation.
new text end

new text begin ARTICLE III
new text end

new text begin STATE PARTICIPATION IN THE COMPACT
new text end

new text begin (A) To participate in the compact, a member state shall:
new text end

new text begin (1) license occupational therapists and occupational therapy assistants;
new text end

new text begin (2) participate fully in the commission's data system, including but not limited to using
the commission's unique identifier as defined in rules of the commission;
new text end

new text begin (3) have a mechanism in place for receiving and investigating complaints about licensees;
new text end

new text begin (4) notify the commission, in compliance with the terms of the compact and rules, of
any adverse action or the availability of investigative information regarding a licensee;
new text end

new text begin (5) implement or utilize procedures for considering the criminal history records of
applicants for an initial compact privilege. These procedures shall include the submission
of fingerprints or other biometric-based information by applicants for the purpose of obtaining
an applicant's criminal history record information from the Federal Bureau of Investigation
and the agency responsible for retaining that state's criminal records;
new text end

new text begin (i) A member state shall, within a time frame established by the commission, require a
criminal background check for a licensee seeking or applying for a compact privilege whose
primary state of residence is that member state by receiving the results of the Federal Bureau
of Investigation criminal record search, and shall use the results in making licensure
decisions.
new text end

new text begin (ii) Communication between a member state, the commission, and among member states
regarding the verification of eligibility for licensure through the compact shall not include
any information received from the Federal Bureau of Investigation relating to a federal
criminal records check performed by a member state under Public Law 92-544;
new text end

new text begin (6) comply with the rules of the commission;
new text end

new text begin (7) utilize only a recognized national examination as a requirement for licensure pursuant
to the rules of the commission; and
new text end

new text begin (8) have continuing competence or education requirements as a condition for license
renewal.
new text end

new text begin (B) A member state shall grant the compact privilege to a licensee holding a valid
unencumbered license in another member state in accordance with the terms of the compact
and rules.
new text end

new text begin (C) Member states may charge a fee for granting a compact privilege.
new text end

new text begin (D) A member state shall provide for the state's delegate to attend all occupational therapy
compact commission meetings.
new text end

new text begin (E) Individuals not residing in a member state shall continue to be able to apply for a
member state's single-state license as provided under the laws of each member state.
However, the single-state license granted to these individuals shall not be recognized as
granting the compact privilege in any other member state.
new text end

new text begin (F) Nothing in this compact shall affect the requirements established by a member state
for the issuance of a single-state license.
new text end

new text begin ARTICLE IV
new text end

new text begin 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 a license in the home state;
new text end

new text begin (2) have a valid United States Social Security number or national practitioner
identification number;
new text end

new text begin (3) have no encumbrance on any state license;
new text end

new text begin (4) be eligible for a compact privilege in any member state in accordance with Article
IV, (D), (F), (G), and (H);
new text end

new text begin (5) have paid all fines and completed all requirements resulting from any adverse action
against any license or compact privilege, and two years have elapsed from the date of such
completion;
new text end

new text begin (6) notify the commission that the licensee is seeking the compact privilege within a
remote state or states;
new text end

new text begin (7) pay any applicable fees, including any state fee, for the compact privilege;
new text end

new text begin (8) complete a criminal background check in accordance with Article III, (A)(5). The
licensee shall be responsible for the payment of any fee associated with the completion of
a criminal background check;
new text end

new text begin (9) meet any jurisprudence requirements established by the remote state or states in
which the licensee is seeking a compact privilege; and
new text end

new text begin (10) 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 (B) The compact privilege is valid until the expiration date of the home state license.
The licensee must comply with the requirements of Article IV, (A), to maintain the compact
privilege in the remote state.
new text end

new text begin (C) A licensee providing occupational therapy in a remote state under the compact
privilege shall function within the laws and regulations of the remote state.
new text end

new text begin (D) Occupational therapy assistants practicing in a remote state shall be supervised by
an occupational therapist licensed or holding a compact privilege in that remote state.
new text end

new text begin (E) A licensee providing occupational therapy in a remote state is subject to that state's
regulatory authority. A remote state may, in accordance with due process and that state's
laws, remove a licensee's compact privilege in the remote state for a specific period of time,
impose fines, or take any other necessary actions to protect the health and safety of its
citizens. The licensee may be ineligible for a compact privilege in any state until the specific
time for removal has passed and all fines are paid.
new text end

new text begin (F) If a home state license is encumbered, the licensee shall lose the compact privilege
in any remote state 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 home state license is no longer
encumbered in accordance with Article IV, (F)(1).
new text end

new text begin (G) Once an encumbered license in the home state is restored to good standing, the
licensee must meet the requirements of Article IV, (A), to obtain a compact privilege in any
remote state.
new text end

new text begin (H) If a licensee's compact privilege in any remote state is removed, the individual may
lose the compact privilege in any other remote state until the following occur:
new text end

new text begin (1) the specific period of time for which the compact privilege was removed has ended;
new text end

new text begin (2) all fines have been paid and all conditions have been met;
new text end

new text begin (3) two years have elapsed from the date of completing requirements for Article IV,
(H)(1) and (2); and
new text end

new text begin (4) the compact privileges are reinstated by the commission and the compact data system
is updated to reflect reinstatement.
new text end

new text begin (I) If a licensee's compact privilege in any remote state is removed due to an erroneous
charge, privileges shall be restored through the compact data system.
new text end

new text begin (J) Once the requirements of Article IV, (H), have been met, the licensee must meet the
requirements in Article IV, (A), to obtain a compact privilege in a remote state.
new text end

new text begin ARTICLE V
new text end

new text begin OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF COMPACT PRIVILEGE
new text end

new text begin (A) An occupational therapist or occupational therapy assistant may hold a home state
license, which allows for compact privileges in member states, in only one member state
at a time.
new text end

new text begin (B) If an occupational therapist or occupational therapy assistant changes their primary
state of residence by moving between two member states:
new text end

new text begin (1) the occupational therapist or occupational therapy assistant shall file an application
for obtaining a new home state license by virtue of a compact privilege, pay all applicable
fees, and notify the current and new home state in accordance with applicable rules adopted
by the commission;
new text end

new text begin (2) upon receipt of an application for obtaining a new home state license by virtue of
compact privilege, the new home state shall verify that the occupational therapist or
occupational therapy assistant meets the pertinent criteria outlined in Article IV via the data
system, without need for primary source verification except for:
new text end

new text begin (i) an FBI fingerprint-based criminal background check if not previously performed or
updated pursuant to applicable rules adopted by the commission in accordance with Public
Law 92-544;
new text end

new text begin (ii) other criminal background checks as required by the new home state; and
new text end

new text begin (iii) submission of any requisite jurisprudence requirements of the new home state;
new text end

new text begin (3) the former home state shall convert the former home state license into a compact
privilege once the new home state has activated the new home state license in accordance
with applicable rules adopted by the commission;
new text end

new text begin (4) notwithstanding any other provision of this compact, if the occupational therapist or
occupational therapy assistant cannot meet the criteria in Article IV, the new home state
shall apply its requirements for issuing a new single-state license; and
new text end

new text begin (5) the occupational therapist or the occupational therapy assistant shall pay all applicable
fees to the new home state in order to be issued a new home state license.
new text end

new text begin (C) If an occupational therapist or occupational therapy assistant changes their primary
state of residence by moving from a member state to a nonmember state, or from a
nonmember state to a member state, the state criteria shall apply for issuance of a single-state
license in the new state.
new text end

new text begin (D) Nothing in this compact shall interfere with a licensee's ability to hold a single-state
license in multiple states; however, for the purposes of this compact, a licensee shall have
only one home state license.
new text end

new text begin (E) Nothing in this compact shall affect the requirements established by a member state
for the issuance of a single-state license.
new text end

new text begin ARTICLE VI
new text end

new text begin ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
new text end

new text begin Active duty military personnel, or their spouses, 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. Subsequent to designating
a home state, the individual shall only change their home state through application for
licensure in the new state or through the process described in Article V.
new text end

new text begin ARTICLE VII
new text end

new text begin ADVERSE ACTIONS
new text end

new text begin (A) A home state shall have exclusive power to impose adverse action against an
occupational therapist's or occupational therapy assistant's license issued by the home state.
new text end

new text begin (B) In addition to the other powers conferred by state law, a remote state shall have the
authority, in accordance with existing state due process law, to:
new text end

new text begin (1) take adverse action against an occupational therapist's or occupational therapy
assistant's compact privilege within that member state; and
new text end

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

new text begin (C) For purposes of taking adverse action, the home state shall give the same priority
and effect to reported conduct received from a member state as it would if the conduct had
occurred within the home state. In so doing, the home state shall apply its own state laws
to determine appropriate action.
new text end

new text begin (D) The home state shall complete any pending investigations of an occupational therapist
or occupational therapy assistant who changes their primary state of residence during the
course of the investigations. The home state, where the investigations were initiated, shall
also have the authority to take appropriate action and shall promptly report the conclusions
of the investigations to the compact commission data system. The occupational therapy
compact commission data system administrator shall promptly notify the new home state
of any adverse actions.
new text end

new text begin (E) A member state, if otherwise permitted by state law, may recover from the affected
occupational therapist or occupational therapy assistant the costs of investigations and
disposition of cases resulting from any adverse action taken against that occupational
therapist or occupational therapy assistant.
new text end

new text begin (F) A member state may take adverse action based on the factual findings of the remote
state, provided that the member state follows its own procedures for taking the adverse
action.
new text end

new text begin (G) Joint Investigations:
new text end

new text begin (1) In addition to the authority granted to a member state by its respective state
occupational therapy laws and regulations or other applicable state law, any member state
may participate with other member states in joint investigations of licensees.
new text end

new text begin (2) Member states shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under the compact.
new text end

new text begin (H) If an adverse action is taken by the home state against an occupational therapist's
or occupational therapy assistant's license, the occupational therapist's or occupational
therapy assistant's compact privilege in all other member states shall be deactivated until
all encumbrances have been removed from the state license. All home state disciplinary
orders that impose adverse action against an occupational therapist's or occupational therapy
assistant's license shall include a statement that the occupational therapist's or occupational
therapy assistant's compact privilege is deactivated in all member states during the pendency
of the order.
new text end

new text begin (I) If a member state takes adverse action, the member state shall promptly notify the
administrator of the data system. The administrator of the data system shall promptly notify
the home state of any adverse actions by remote states.
new text end

new text begin (J) 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.
new text end

new text begin ARTICLE VIII
new text end

new text begin ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT COMMISSION
new text end

new text begin (A) The compact member states hereby create and establish a joint public agency known
as the occupational therapy compact commission:
new text end

new text begin (1) The commission is an instrumentality of the compact states.
new text end

new text begin (2) Except as provided under paragraph (I), 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.
new text end

new text begin (3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
new text end

new text begin (B) Membership, Voting, and Meetings:
new text end

new text begin (1) Each member state shall have and be limited to one delegate selected by that member
state's licensing board.
new text end

new text begin (2) The delegate shall be either:
new text end

new text begin (i) a current member of the licensing board who is an occupational therapist, occupational
therapy assistant, or public member; or
new text end

new text begin (ii) an administrator of the licensing board.
new text end

new text begin (3) Any delegate may be removed or suspended from office as provided by the law of
the state from which the delegate is appointed.
new text end

new text begin (4) The member state board shall fill any vacancy occurring in the commission within
90 days.
new text end

new text begin (5) Each delegate shall be entitled to one vote with regard to the promulgation of rules
and creation of bylaws and shall otherwise have an opportunity to participate in the business
and affairs of the commission. A delegate shall vote in person or by such other means as
provided in the bylaws. The bylaws may provide for delegates' participation in meetings
by telephone or other means of communication.
new text end

new text begin (6) The commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws.
new text end

new text begin (7) The commission shall establish by rule a term of office for delegates.
new text end

new text begin (C) The commission shall have the following powers and duties:
new text end

new text begin (1) establish a code of ethics for the commission;
new text end

new text begin (2) establish the fiscal year of the commission;
new text end

new text begin (3) establish bylaws;
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 and
the bylaws;
new text end

new text begin (6) promulgate uniform rules to facilitate and coordinate implementation and
administration of this compact. The rules shall have the force and effect of law and shall
be binding in all member states;
new text end

new text begin (7) bring and prosecute legal proceedings or actions in the name of the commission,
provided that the standing of any state occupational therapy licensing board to sue or be
sued under applicable law shall not be affected;
new text end

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

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

new text begin (10) 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 (11) accept any and all appropriate donations and grants of money, equipment, supplies,
materials, and services, and receive, utilize, and dispose of the same; provided that at all
times the commission shall avoid any appearance of impropriety or conflict of interest;
new text end

new text begin (12) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,
improve, or use any property, real, personal, or mixed; provided that at all times the
commission shall avoid any appearance of impropriety;
new text end

new text begin (13) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
new text end

new text begin (14) establish a budget and make expenditures;
new text end

new text begin (15) borrow money;
new text end

new text begin (16) appoint committees, including standing committees composed of members, state
regulators, state legislators or their representatives, and consumer representatives, and other
interested persons as may be designated in this compact and the bylaws;
new text end

new text begin (17) provide and receive information from, and cooperate with, law enforcement agencies;
new text end

new text begin (18) establish and elect an executive committee; and
new text end

new text begin (19) perform other functions as may be necessary or appropriate to achieve the purposes
of this compact consistent with the state regulation of occupational therapy licensure and
practice.
new text end

new text begin (D) The Executive Committee:
new text end

new text begin (1) The executive committee shall have the power to act on behalf of the commission
according to the terms of this compact.
new text end

new text begin (2) The executive committee shall be composed of nine members:
new text end

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

new text begin (ii) one ex-officio, nonvoting member from a recognized national occupational therapy
professional association; and
new text end

new text begin (iii) one ex-officio, nonvoting member from a recognized national occupational therapy
certification organization.
new text end

new text begin (3) The ex-officio members will be selected by their respective organizations.
new text end

new text begin (4) The commission may remove any member of the executive committee as provided
in the bylaws.
new text end

new text begin (5) The executive committee shall meet at least annually.
new text end

new text begin (6) The executive committee shall have the following duties and responsibilities:
new text end

new text begin (i) recommend to the entire commission changes to the rules or bylaws, changes to this
compact legislation, fees paid by compact member states such as annual dues, and any
commission compact fee charged to licensees for the compact privilege;
new text end

new text begin (ii) ensure compact administration services are appropriately provided, contractual or
otherwise;
new text end

new text begin (iii) prepare and recommend the budget;
new text end

new text begin (iv) maintain financial records on behalf of the commission;
new text end

new text begin (v) monitor compact compliance of member states and provide compliance reports to
the commission;
new text end

new text begin (vi) establish additional committees as necessary; and
new text end

new text begin (vii) perform other duties as provided in rules or bylaws.
new text end

new text begin (E) Meetings of the Commission:
new text end

new text begin (1) All meetings shall be open to the public, and public notice of meetings shall be given
in the same manner as required under the rulemaking provisions in Article X.
new text end

new text begin (2) The commission or the executive committee or other committees of the commission
may convene in a closed, nonpublic meeting if the commission or executive committee or
other committees of the commission must discuss:
new text end

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

new text begin (ii) the employment, compensation, discipline, or other matters, practices, or procedures
related to specific employees or other matters related to the commission's internal personnel
practices and procedures;
new text end

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

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

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

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

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

new text begin (viii) disclosure of investigative records compiled for law enforcement purposes;
new text end

new text begin (ix) disclosure of 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; or
new text end

new text begin (x) matters specifically exempted from disclosure by federal or member state statute.
new text end

new text begin (3) If a meeting, or portion of a meeting, is closed pursuant to this provision, the
commission's legal counsel or designee shall certify that the meeting may be closed and
shall reference each relevant exempting provision.
new text end

new text begin (4) The commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions taken, and
the reasons therefore, including a description of the views expressed. 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 by a majority vote
of the commission or order of a court of competent jurisdiction.
new text end

new text begin (F) Financing of the Commission:
new text end

new text begin (1) 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 (2) The commission may accept any and all appropriate revenue sources, donations, and
grants of money, equipment, supplies, materials, and services.
new text end

new text begin (3) The commission may levy on and collect an annual assessment from each member
state or impose fees on other parties to cover the cost of the operations and activities of the
commission and its staff, which must be in a total amount sufficient to cover its annual
budget as approved by the commission each year for which revenue is not provided by other
sources. The aggregate annual assessment amount shall be allocated based upon a formula
to be determined by the commission, which shall promulgate a rule binding upon all member
states.
new text end

new text begin (4) The commission shall not incur obligations of any kind prior to securing the funds
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 (5) The commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and disbursements of funds
handled by the commission shall be audited yearly by a certified or licensed public
accountant, and the report of the audit shall be included in and become part of the annual
report of the commission.
new text end

new text begin (G) Qualified Immunity, Defense, and Indemnification:
new text end

new text begin (1) The members, officers, executive director, employees, and representatives of the
commission shall be immune from suit and liability, either personally or 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.
new text end

new text begin (2) The commission shall defend any member, officer, executive director, employee, or
representative 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 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; 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 (3) The commission shall indemnify and hold harmless any member, officer, executive
director, employee, or representative 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 (H) Notwithstanding paragraph (G), clause (1), the liability of the executive director,
employees, or representatives of the interstate commission, acting within the scope of their
employment or duties, may not exceed the limits of liability set forth under the constitution
and laws of this state for state officials, employees, and agents. This paragraph expressly
incorporates section 3.736, and neither expands nor limits the rights and remedies provided
under that statute.
new text end

new text begin (I) Except for a claim alleging a violation of this compact, a claim against the commission,
its executive director, employees, or representatives alleging a violation of the constitution
and laws of this state may be brought in any county where the plaintiff resides. Nothing in
this paragraph creates a private right of action.
new text end

new text begin (J) Nothing in this compact 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 ARTICLE IX
new text end

new text begin DATA SYSTEM
new text end

new text begin (A) The commission shall provide for the development, maintenance, and utilization of
a coordinated database and reporting system containing licensure, adverse action, and
investigative information on all licensed individuals in member states.
new text end

new text begin (B) A member state shall submit a uniform data set to the data system on all individuals
to whom this compact is applicable, utilizing a unique identifier, as required by the rules
of the commission, including:
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 license or compact privilege;
new text end

new text begin (4) nonconfidential information related to alternative program participation;
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) other information that may facilitate the administration of this compact, as determined
by the rules of the commission; and
new text end

new text begin (7) current significant investigative information.
new text end

new text begin (C) Current significant investigative information and other investigative information
pertaining to a licensee in any member state will only be available to other member states.
new text end

new text begin (D) The commission shall promptly notify all member states of any adverse action taken
against a licensee or an individual applying for a license. 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 (E) 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 (F) Any information submitted to the data system that is subsequently required to be
expunged by the laws of the member state contributing the information shall be removed
from the data system.
new text end

new text begin ARTICLE X
new text end

new text begin RULEMAKING
new text end

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

new text begin (B) The commission shall promulgate reasonable rules in order to effectively and
efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event
the commission exercises its rulemaking authority in a manner that is beyond the scope of
the purposes of the compact, or the powers granted hereunder, then such an action by the
commission shall be invalid and have no force and effect.
new text end

new text begin (C) If a majority of the legislatures of the member states rejects 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 (D) Rules or amendments to the rules shall be adopted at a regular or special meeting
of the commission.
new text end

new text begin (E) Prior to promulgation and adoption of a final rule or rules by the commission, and
at least 30 days in advance of the meeting at which the rule will be considered and voted
upon, the commission shall file a notice of proposed rulemaking:
new text end

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

new text begin (2) on the website of each member state occupational therapy licensing board or other
publicly accessible platform or the publication in which each state would otherwise publish
proposed rules.
new text end

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

new text begin (1) the proposed time, date, and location of the meeting in which the rule will be
considered and voted upon;
new text end

new text begin (2) the text of the proposed rule or amendment and the reason for the proposed rule;
new text end

new text begin (3) a request for comments on the proposed rule from any interested person; and
new text end

new text begin (4) the manner in which interested persons may submit notice to the commission of their
intention to attend the public hearing and any written comments.
new text end

new text begin (G) Prior to adoption of a proposed rule, the commission shall allow persons to submit
written data, facts, opinions, and arguments, which shall be made available to the public.
new text end

new text begin (H) The commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment if a hearing is requested by:
new text end

new text begin (1) at least 25 persons;
new text end

new text begin (2) a state or federal governmental subdivision or agency; or
new text end

new text begin (3) an association or organization having at least 25 members.
new text end

new text begin (I) If a hearing is held on the proposed rule or amendment, the commission shall publish
the place, time, and date of the scheduled public hearing. If the hearing is held via electronic
means, the commission shall publish the mechanism for access to the electronic hearing:
new text end

new text begin (1) All persons wishing to be heard at the hearing shall notify the executive director of
the commission or other designated member in writing of their desire to appear and testify
at the hearing not less than five business days before the scheduled date of the hearing.
new text end

new text begin (2) Hearings shall be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing.
new text end

new text begin (3) All hearings will be recorded. A copy of the recording will be made available on
request.
new text end

new text begin (4) Nothing in this Article 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 Article.
new text end

new text begin (J) Following the scheduled hearing date, or by the close of business on the scheduled
hearing date if the hearing was not held, the commission shall consider all written and oral
comments received.
new text end

new text begin (K) If no written notice of intent to attend the public hearing by interested parties is
received, the commission may proceed with promulgation of the proposed rule without a
public hearing.
new text end

new text begin (L) The commission shall, by majority vote of all members, take final action on the
proposed rule and shall determine the effective date of the rule, if any, based on the
rulemaking record and the full text of the rule.
new text end

new text begin (M) Upon determination that an emergency exists, the commission may consider and
adopt an emergency rule without prior notice, opportunity for comment, or hearing; provided
that the usual rulemaking procedures provided in the compact and in this Article 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 provision, 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 an administrative 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 (N) The commission or an authorized committee of the commission may direct revisions
to a previously adopted rule or amendment 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 chair of 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 ARTICLE XI
new text end

new text begin OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
new text end

new text begin (A) Oversight:
new text end

new text begin (1) The executive, legislative, and judicial branches of state government in each member
state shall enforce this compact and take all actions necessary and appropriate to effectuate
the compact's purposes and intent. The provisions of this compact and the rules promulgated
hereunder shall have standing as statutory law.
new text end

new text begin (2) All courts shall take judicial notice of the compact and the rules in any judicial or
administrative proceeding in a member state pertaining to the subject matter of this compact
which may affect the powers, responsibilities, or actions of the commission.
new text end

new text begin (3) The commission shall be entitled to receive service of process in any such proceeding,
and shall have standing to intervene in such a proceeding for all purposes. Failure to provide
service of process to the commission shall render a judgment or order void as to the
commission, this compact, or promulgated rules.
new text end

new text begin (B) Default, Technical Assistance, and Termination:
new text end

new text begin (1) 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:
new text end

new text begin (i) provide written notice to the defaulting state and other member states of the nature
of the default, the proposed means of curing the default, or any other action to be taken by
the commission; and
new text end

new text begin (ii) provide remedial training and specific technical assistance regarding the default.
new text end

new text begin (2) 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 member states, and all rights,
privileges, and benefits conferred 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 (3) 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, and each of the member states.
new text end

new text begin (4) 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.
new text end

new text begin (5) 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 (6) 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 member shall be awarded all costs of
such litigation, including reasonable attorney fees.
new text end

new text begin (C) Dispute Resolution:
new text end

new text begin (1) 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 (2) The commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
new text end

new text begin (D) Enforcement:
new text end

new text begin (1) The commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact.
new text end

new text begin (2) By majority vote, the commission may initiate legal action in the United States
District Court for the District of Columbia or the federal district where the commission has
its principal offices against a member state in default to enforce compliance with the
provisions of the compact and its promulgated rules and bylaws. The relief sought may
include both injunctive relief and damages. In the event that judicial enforcement is necessary,
the prevailing member shall be awarded all costs of such litigation, including reasonable
attorney fees.
new text end

new text begin (3) The remedies herein shall not be the exclusive remedies of the commission. The
commission may pursue any other remedies available under federal or state law.
new text end

new text begin ARTICLE XII
new text end

new text begin DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR
OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL,
AND AMENDMENT
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 tenth member state. The provisions, which become effective at that
time, shall be limited to the powers granted to the commission relating to assembly and the
promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking
powers necessary to the implementation and administration of the compact.
new text end

new text begin (B) Any state that joins the compact subsequent to the commission's initial adoption of
the rules shall be subject to the rules 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 day the compact becomes law in that state.
new text end

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

new text begin (1) A member state's withdrawal shall not take effect until six months after enactment
of the repealing statute.
new text end

new text begin (2) Withdrawal shall not affect the continuing requirement of the withdrawing state's
occupational therapy licensing board 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) Nothing contained in this compact shall be construed to invalidate or prevent any
occupational therapy 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 (E) 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

new text begin ARTICLE XIII
new text end

new text begin CONSTRUCTION AND SEVERABILITY
new text end

new text begin This compact shall be liberally construed so as to effectuate the purposes thereof. The
provisions of this compact shall be severable and if any phrase, clause, sentence, or provision
of this compact is declared to be contrary to the constitution of any member state or of the
United States or the applicability thereof to any government, agency, person, or circumstance
is held invalid, the validity of the remainder of this compact and the applicability thereof
to any government, agency, person, or circumstance shall not be affected thereby. If this
compact shall be held 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

new text begin ARTICLE XIV
new text end

new text begin BINDING EFFECT OF COMPACT AND OTHER LAWS
new text end

new text begin (A) A licensee providing occupational therapy in a remote state under the compact
privilege shall function within the laws and regulations of the remote state.
new text end

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

new text begin (C) Any laws in a member state in conflict with the compact are superseded to the extent
of the conflict.
new text end

new text begin (D) Any lawful actions of the commission, including all rules and bylaws promulgated
by the commission, are binding upon the member states.
new text end

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

new text begin (F) In the event any provision of the compact exceeds the constitutional limits imposed
on the legislature of any member state, the provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that member state.
new text end

ARTICLE 3

PHYSICAL THERAPISTS

Section 1.

new text begin [148.676] PHYSICAL THERAPY LICENSURE COMPACT.
new text end

new text begin The physical therapy licensure compact is enacted into law and entered into with all
other jurisdictions legally joining in the compact in the form substantially specified in this
section.
new text end

new text begin ARTICLE I
new text end

new text begin TITLE
new text end

new text begin This statute shall be known and cited as the physical therapy licensure compact.
new text end

new text begin ARTICLE II
new text end

new text begin DEFINITIONS
new text end

new text begin As used in this compact, and except as otherwise provided, the following terms have
the meanings given them.
new text end

new text begin (a) "Active duty military" means full-time duty status in the active uniformed service
of the United States, including members of the National Guard and Reserve on active duty
orders pursuant to United States Code, title 10, chapters 1209 and 1211.
new text end

new text begin (b) "Adverse action" means disciplinary action taken by a physical therapy licensing
board based upon misconduct, unacceptable performance, or a combination of both.
new text end

new text begin (c) "Alternative program" means a nondisciplinary monitoring or practice remediation
process approved by a physical therapy licensing board. Alternative program includes but
is not limited to substance abuse issues.
new text end

new text begin (d) "Compact privilege" means the authorization granted by a remote state to allow a
licensee from another member state to practice as a physical therapist or work as a physical
therapist assistant in the remote state under its laws and rules. The practice of physical
therapy occurs in the member state where the patient or client is located at the time of the
patient or client encounter.
new text end

new text begin (e) "Continuing competence" means a requirement, as a condition of license renewal,
to provide evidence of participation in, or completion of, educational and professional
activities relevant to practice or area of work.
new text end

new text begin (f) "Data system" means a repository of information about licensees, including
examination, licensure, investigative, compact privilege, and adverse action.
new text end

new text begin (g) "Encumbered license" means a license that a physical therapy licensing board has
limited in any way.
new text end

new text begin (h) "Executive board" 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 (i) "Home state" means the member state that is the licensee's primary state of residence.
new text end

new text begin (j) "Investigative information" means information, records, and documents received or
generated by a physical therapy licensing board pursuant to an investigation.
new text end

new text begin (k) "Jurisprudence requirement" means the assessment of an individual's knowledge of
the laws and rules governing the practice of physical therapy in a state.
new text end

new text begin (l) "Licensee" means an individual who currently holds an authorization from the state
to practice as a physical therapist or to work as a physical therapist assistant.
new text end

new text begin (m) "Member state" means a state that has enacted the compact.
new text end

new text begin (n) "Party state" means any member state in which a licensee holds a current license or
compact privilege or is applying for a license or compact privilege.
new text end

new text begin (o) "Physical therapist" means an individual who is licensed by a state to practice physical
therapy.
new text end

new text begin (p) "Physical therapist assistant" means an individual who is licensed or certified by a
state and who assists the physical therapist in selected components of physical therapy.
new text end

new text begin (q) "Physical therapy," "physical therapy practice," or "the practice of physical therapy"
means the care and services provided by or under the direction and supervision of a licensed
physical therapist.
new text end

new text begin (r) "Physical Therapy Compact Commission" or "commission" means the national
administrative body whose membership consists of all states that have enacted the compact.
new text end

new text begin (s) "Physical therapy licensing board" or "licensing board" means the agency of a state
that is responsible for the licensing and regulation of physical therapists and physical therapist
assistants.
new text end

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

new text begin (u) "Rule" means a regulation, principle, or directive promulgated by the commission
that has the force of law.
new text end

new text begin (v) "State" means any state, commonwealth, district, or territory of the United States
that regulates the practice of physical therapy.
new text end

new text begin ARTICLE III
new text end

new text begin STATE PARTICIPATION IN THE COMPACT
new text end

new text begin (a) To participate in the compact, a state must:
new text end

new text begin (1) participate fully in the commission's data system, including using the commission's
unique identifier as defined in rules;
new text end

new text begin (2) have a mechanism in place for receiving and investigating complaints about licensees;
new text end

new text begin (3) notify the commission, in compliance with the terms of the compact and rules, of
any adverse action or the availability of investigative information regarding a licensee;
new text end

new text begin (4) fully implement a criminal background check requirement, within a time frame
established by rule, by receiving the results of the Federal Bureau of Investigation record
search on criminal background checks and use the results in making licensure decisions in
accordance with paragraph (b);
new text end

new text begin (5) comply with the rules of the commission;
new text end

new text begin (6) utilize a recognized national examination as a requirement for licensure pursuant to
the rules of the commission; and
new text end

new text begin (7) have continuing competence requirements as a condition for license renewal.
new text end

new text begin (b) Upon adoption of this compact, the member state shall have the authority to obtain
biometric-based information from each physical therapy licensure applicant and submit this
information to the Federal Bureau of Investigation for a criminal background check in
accordance with United States Code, title 28, section 534, and United States Code, title 42,
section 14616.
new text end

new text begin (c) A member state shall grant the compact privilege to a licensee holding a valid
unencumbered license in another member state in accordance with the terms of the compact
and rules.
new text end

new text begin (d) Member states may charge a fee for granting a compact privilege.
new text end

new text begin ARTICLE IV
new text end

new text begin 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 a license in the home state;
new text end

new text begin (2) have no encumbrance on any state license;
new text end

new text begin (3) be eligible for a compact privilege in any member state in accordance with paragraphs
(d), (g), and (h);
new text end

new text begin (4) have not had any adverse action against any license or compact privilege within the
previous two years;
new text end

new text begin (5) notify the commission that the licensee is seeking the compact privilege within a
remote state or states;
new text end

new text begin (6) pay any applicable fees, including any state fee, for the compact privilege;
new text end

new text begin (7) meet any jurisprudence requirements established by the remote state or states in
which the licensee is seeking a compact privilege; and
new text end

new text begin (8) 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 (b) The compact privilege is valid until the expiration date of the home license. The
licensee must comply with the requirements of paragraph (a) to maintain the compact
privilege in the remote state.
new text end

new text begin (c) A licensee providing physical therapy in a remote state under the compact privilege
shall function within the laws and regulations of the remote state.
new text end

new text begin (d) A licensee providing physical therapy in a remote state is subject to that state's
regulatory authority. A remote state may, in accordance with due process and that state's
laws, remove a licensee's compact privilege in the remote state for a specific period of time,
impose fines, or take any other necessary actions to protect the health and safety of its
citizens. The licensee is not eligible for a compact privilege in any state until the specific
time for removal has passed and all fines are paid.
new text end

new text begin (e) If a home state license is encumbered, the licensee shall lose the compact privilege
in any remote state 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 of the adverse action.
new text end

new text begin (f) Once an encumbered license in the home state is restored to good standing, the
licensee must meet the requirements of paragraph (a) to obtain a compact privilege in any
remote state.
new text end

new text begin (g) If a licensee's compact privilege in any remote state is removed, the individual shall
lose the compact privilege in any remote state until the following occur:
new text end

new text begin (1) the specific period of time for which the compact privilege was removed has ended;
new text end

new text begin (2) all fines have been paid; and
new text end

new text begin (3) two years have elapsed from the date of the adverse action.
new text end

new text begin (h) Once the requirements of paragraph (g) have been met, the licensee must meet the
requirements in paragraph (a) to obtain a compact privilege in a remote state.
new text end

new text begin ARTICLE V
new text end

new text begin ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
new text end

new text begin A licensee who is active duty military or is the spouse of an individual who is active
duty military may designate one of the following as the home state:
new text end

new text begin (1) home of record;
new text end

new text begin (2) permanent change of station (PCS) state; or
new text end

new text begin (3) state of current residence if different than the PCS state or home of record.
new text end

new text begin ARTICLE VI
new text end

new text begin ADVERSE ACTIONS
new text end

new text begin (a) A home state shall have exclusive power to impose adverse action against a license
issued by the home state.
new text end

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

new text begin (c) 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. Member states must require
licensees who enter any alternative programs in lieu of discipline to agree not to practice
in any other member state during the term of the alternative program without prior
authorization from such other member state.
new text end

new text begin (d) Any member state may investigate actual or alleged violations of the statutes and
rules authorizing the practice of physical therapy in any other member state in which a
physical therapist or physical therapist assistant holds a license or compact privilege.
new text end

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

new text begin (1) take adverse actions as set forth in article IV, paragraph (d), against a licensee's
compact privilege in the 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 issued by a physical
therapy licensing board in a party state for the attendance and testimony of witnesses, or
the production of evidence from another party state, shall be enforced in the latter state by
any court of competent jurisdiction, according to the practice and procedure of that court
applicable to subpoenas issued in 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) if otherwise permitted 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 (f) In addition to the authority granted to a member state by its respective physical therapy
practice act or other applicable state law, a member state may participate with other member
states in joint investigations of licensees.
new text end

new text begin (g) Member states shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under the compact.
new text end

new text begin ARTICLE VII
new text end

new text begin ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION
new text end

new text begin (a) The compact member states hereby create and establish a joint public agency known
as the Physical Therapy Compact Commission:
new text end

new text begin (1) the commission is an instrumentality of the compact states;
new text end

new text begin (2) except as provided under paragraph (h), 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; and
new text end

new text begin (3) nothing in this compact shall be construed to be a waiver of sovereign immunity.
new text end

new text begin (b) Membership, voting, and meetings:
new text end

new text begin (1) each member state shall have and be limited to one delegate selected by that member
state's licensing board;
new text end

new text begin (2) the delegate shall be a current member of the licensing board who is a physical
therapist, physical therapist assistant, public member, or the board administrator;
new text end

new text begin (3) each delegate shall be entitled to one vote with regard to the promulgation of rules
and creation of bylaws and shall otherwise have an opportunity to participate in the business
and affairs of the commission;
new text end

new text begin (4) a delegate shall vote in person or by such other means as provided in the bylaws.
The bylaws may provide for delegates' participation in meetings by telephone or other means
of communication;
new text end

new text begin (5) any delegate may be removed or suspended from office as provided by the laws of
the state from which the delegate is appointed;
new text end

new text begin (6) the member state board shall fill any vacancy occurring in the commission;
new text end

new text begin (7) the commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws;
new text end

new text begin (8) all meetings shall be open to the public and public notice of meetings shall be given
in the same manner as required under the rulemaking provisions in article IX;
new text end

new text begin (9) the commission or the executive board or other committees of the commission may
convene in a closed, nonpublic meeting if the commission or executive board or other
committees of the commission must discuss:
new text end

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

new text begin (ii) the employment, compensation, discipline, or other matters, practices, or procedures
related to specific employees or other matters related to the commission's internal personnel
practices and procedures;
new text end

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

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

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

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

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

new text begin (viii) disclosure of investigative records compiled for law enforcement purposes;
new text end

new text begin (ix) disclosure of 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; or
new text end

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

new text begin (10) if a meeting, or portion of a meeting, is closed pursuant to this provision, the
commission's legal counsel or designee shall certify that the meeting may be closed and
shall reference each relevant exempting provision; and
new text end

new text begin (11) the commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions taken and
the reasons therefore, including a description of the views expressed. 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 by a majority vote
of the commission or order of a court of competent jurisdiction.
new text end

new text begin (c) The commission shall have the following powers and duties:
new text end

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

new text begin (2) establish bylaws;
new text end

new text begin (3) maintain its financial records in accordance with the bylaws;
new text end

new text begin (4) meet and take such actions as are consistent with the provisions of this compact and
the bylaws;
new text end

new text begin (5) promulgate uniform rules to facilitate and coordinate implementation and
administration of this compact. The rules shall have the force and effect of law and shall
be binding in all member states;
new text end

new text begin (6) bring and prosecute legal proceedings or actions in the name of the commission,
provided that the standing of any state physical therapy licensing board to sue or be sued
under applicable law shall not be affected;
new text end

new text begin (7) purchase and maintain insurance and bonds;
new text end

new text begin (8) borrow, accept, or contract for services of personnel, including but not limited to
employees of a member state;
new text end

new text begin (9) 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 (10) accept any and all appropriate donations and grants of money, equipment, supplies,
materials, and services and receive, utilize, and dispose of the same, provided that at all
times the commission shall avoid any appearance of impropriety or conflict of interest;
new text end

new text begin (11) lease; purchase; accept appropriate gifts or donations of; or otherwise to own, hold,
improve, or use any property, real, personal, or mixed, provided that at all times the
commission shall avoid any appearance of impropriety;
new text end

new text begin (12) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
new text end

new text begin (13) establish a budget and make expenditures;
new text end

new text begin (14) borrow money;
new text end

new text begin (15) appoint committees, including standing committees composed of members, state
regulators, state legislators or their representatives, consumer representatives, and such
other interested persons as may be designated in this compact and the bylaws;
new text end

new text begin (16) provide and receive information from, and cooperate with, law enforcement agencies;
new text end

new text begin (17) establish and elect an executive board; and
new text end

new text begin (18) perform such other functions as may be necessary or appropriate to achieve the
purposes of this compact consistent with the state regulation of physical therapy licensure
and practice.
new text end

new text begin (d) The executive board:
new text end

new text begin (1) the executive board shall have the power to act on behalf of the commission according
to the terms of this compact;
new text end

new text begin (2) the executive board shall be composed of nine members as follows:
new text end

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

new text begin (ii) one ex officio, nonvoting member from the recognized national physical therapy
professional association; and
new text end

new text begin (iii) one ex officio, nonvoting member from the recognized membership organization
of the physical therapy licensing boards;
new text end

new text begin (3) the ex officio members must be selected by their respective organizations;
new text end

new text begin (4) the commission may remove any member of the executive board as provided in the
bylaws;
new text end

new text begin (5) the executive board shall meet at least annually; and
new text end

new text begin (6) the executive board shall have the following duties and responsibilities:
new text end

new text begin (i) recommend to the entire commission changes to the rules or bylaws, changes to this
compact legislation, fees paid by compact member states such as annual dues, and any
commission compact fee charged to licensees for the compact privilege;
new text end

new text begin (ii) ensure compact administration services are appropriately provided, contractual or
otherwise;
new text end

new text begin (iii) prepare and recommend the budget;
new text end

new text begin (iv) maintain financial records on behalf of the commission;
new text end

new text begin (v) monitor compact compliance of member states and provide compliance reports to
the commission;
new text end

new text begin (vi) establish additional committees as necessary; and
new text end

new text begin (vii) other duties as provided in rules or bylaws.
new text end

new text begin (e) Financing of the commission:
new text end

new text begin (1) the commission shall pay, or provide for the payment of, the reasonable expenses of
the commission's establishment, organization, and ongoing activities;
new text end

new text begin (2) the commission may accept any and all appropriate revenue sources, donations, and
grants of money, equipment, supplies, materials, and services;
new text end

new text begin (3) the commission may levy on and collect an annual assessment from each member
state or impose fees on other parties to cover the cost of the operations and activities of the
commission and the commission's staff, which must be in a total amount sufficient to cover
its annual budget as approved each year for which revenue is not provided by other sources.
The aggregate annual assessment amount shall be allocated based upon a formula to be
determined by the commission, which shall promulgate a rule binding upon all member
states;
new text end

new text begin (4) the commission shall not incur obligations of any kind prior to securing the funds
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; and
new text end

new text begin (5) the commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the commission shall be subject to the audit and accounting
procedures established under the commission's bylaws. However, all receipts and
disbursements of funds handled by the commission shall be audited yearly by a certified or
licensed public accountant and the report of the audit shall be included in and become part
of the annual report of the commission.
new text end

new text begin (f) Qualified immunity, defense, and indemnification:
new text end

new text begin (1) the members, officers, executive director, employees, and representatives of the
commission shall be immune from suit and liability, either personally or 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;
new text end

new text begin (2) the commission shall defend any member, officer, executive director, employee, or
representative 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 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 his or her own counsel, and provided further that the actual or alleged
act, error, or omission did not result from the intentional or willful or wanton misconduct
of that person; and
new text end

new text begin (3) the commission shall indemnify and hold harmless any member, officer, executive
director, employee, or representative 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 (g) Notwithstanding paragraph (f), clause (1), the liability of the executive director,
employees, or representatives of the interstate commission, acting within the scope of their
employment or duties, may not exceed the limits of liability set forth under the constitution
and laws of this state for state officials, employees, and agents. This paragraph expressly
incorporates section 3.736, and neither expands nor limits the rights and remedies provided
under that statute.
new text end

new text begin (h) Except for a claim alleging a violation of this compact, a claim against the
commission, its executive director, employees, or representatives alleging a violation of the
constitution and laws of this state may be brought in any county where the plaintiff resides.
Nothing in this paragraph creates a private right of action.
new text end

new text begin (i) Nothing in this compact 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 ARTICLE VIII
new text end

new text begin DATA SYSTEM
new text end

new text begin (a) The commission shall provide for the development, maintenance, and utilization of
a coordinated database and reporting system containing licensure, adverse action, and
investigative information on all licensed individuals in member states.
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 on all individuals to whom this compact
is applicable as required by the rules of the commission, including:
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 license or compact privilege;
new text end

new text begin (4) nonconfidential information related to alternative program participation;
new text end

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

new text begin (6) other information that may facilitate the administration of this compact, as determined
by the rules of the commission.
new text end

new text begin (c) Investigative information pertaining to a licensee in any member state will only be
available to other party states.
new text end

new text begin (d) The commission shall promptly notify all member states of any adverse action taken
against a licensee or an individual applying for a license. 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 (e) 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 (f) Any information submitted to the data system that is subsequently required to be
expunged by the laws of the member state contributing the information shall be removed
from the data system.
new text end

new text begin ARTICLE IX
new text end

new text begin RULEMAKING
new text end

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

new text begin (b) If a majority of the legislatures of the member states rejects 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 (c) Rules or amendments to the rules shall be adopted at a regular or special meeting of
the commission.
new text end

new text begin (d) Prior to promulgation and adoption of a final rule or rules by the commission and at
least 30 days in advance of the meeting at which the rule will be considered and voted upon,
the commission shall file a notice of proposed rulemaking:
new text end

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

new text begin (2) on the website of each member state physical therapy licensing board or other publicly
accessible platform or the publication in which each state would otherwise publish proposed
rules.
new text end

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

new text begin (1) the proposed time, date, and location of the meeting in which the rule will be
considered and voted upon;
new text end

new text begin (2) the text of the proposed rule or amendment and the reason for the proposed rule;
new text end

new text begin (3) a request for comments on the proposed rule from any interested person; and
new text end

new text begin (4) the manner in which interested persons may submit notice to the commission of their
intention to attend the public hearing and any written comments.
new text end

new text begin (f) Prior to adoption of a proposed rule, the commission shall allow persons to submit
written data, facts, opinions, and arguments, which shall be made available to the public.
new text end

new text begin (g) The commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment if a hearing is requested by:
new text end

new text begin (1) at least 25 persons;
new text end

new text begin (2) a state or federal governmental subdivision or agency; or
new text end

new text begin (3) an association having at least 25 members.
new text end

new text begin (h) If a hearing is held on the proposed rule or amendment, the commission shall publish
the place, time, and date of the scheduled public hearing. If the hearing is held via electronic
means, the commission shall publish the mechanism for access to the electronic hearing:
new text end

new text begin (1) all persons wishing to be heard at the hearing shall notify the executive director of
the commission or other designated member in writing of their desire to appear and testify
at the hearing not less than five business days before the scheduled date of the hearing;
new text end

new text begin (2) hearings shall be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing;
new text end

new text begin (3) all hearings will be recorded. A copy of the recording will be made available on
request; and
new text end

new text begin (4) 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 (i) Following the scheduled hearing date, or by the close of business on the scheduled
hearing date if the hearing was not held, the commission shall consider all written and oral
comments received.
new text end

new text begin (j) If no written notice of intent to attend the public hearing by interested parties is
received, the commission may proceed with promulgation of the proposed rule without a
public hearing.
new text end

new text begin (k) The commission shall, by majority vote of all members, take final action on the
proposed rule and shall determine the effective date of the rule, if any, based on the
rulemaking record and the full text of the rule.
new text end

new text begin (l) Upon determination that an emergency exists, the commission may consider and
adopt an emergency rule without prior notice, opportunity for comment, or hearing, 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 provision, 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 an administrative 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 or amendment 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 chair of 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 ARTICLE X
new text end

new text begin OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
new text end

new text begin (a) Oversight:
new text end

new text begin (1) the executive, legislative, and judicial branches of state government in each member
state shall enforce this compact and take all actions necessary and appropriate to effectuate
the compact's purposes and intent. The provisions of this compact and the rules promulgated
hereunder shall have standing as statutory law;
new text end

new text begin (2) all courts shall take judicial notice of the compact and the rules in any judicial or
administrative proceeding in a member state pertaining to the subject matter of this compact
which may affect the powers, responsibilities, or actions of the commission; and
new text end

new text begin (3) the commission shall be entitled to receive service of process in any such proceeding
and shall have standing to intervene in such a proceeding for all purposes. Failure to provide
service of process to the commission shall render a judgment or order void as to the
commission, this compact, or promulgated rules.
new text end

new text begin (b) Default, technical assistance, and termination:
new text end

new text begin (1) 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:
new text end

new text begin (i) provide written notice to the defaulting state and other member states of the nature
of the default, the proposed means of curing the default, or any other action to be taken by
the commission; and
new text end

new text begin (ii) provide remedial training and specific technical assistance regarding the default;
new text end

new text begin (2) 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 member states, and all rights,
privileges, and benefits conferred 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 (3) 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, and each of the member states;
new text end

new text begin (4) 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;
new text end

new text begin (5) 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; and
new text end

new text begin (6) 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 member shall be awarded all costs of such litigation,
including reasonable attorney fees.
new text end

new text begin (c) Dispute resolution:
new text end

new text begin (1) 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; and
new text end

new text begin (2) the commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
new text end

new text begin (d) Enforcement:
new text end

new text begin (1) the commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact;
new text end

new text begin (2) by majority vote, the commission may initiate legal action in the United States District
Court for the District of Columbia or the federal district where the commission has its
principal offices against a member state in default to enforce compliance with the provisions
of the compact and its promulgated rules and bylaws. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing
member shall be awarded all costs of such litigation, including reasonable attorney fees;
and
new text end

new text begin (3) the remedies herein shall not be the exclusive remedies of the commission. The
commission may pursue any other remedies available under federal or state law.
new text end

new text begin ARTICLE XI
new text end

new text begin DATE OF IMPLEMENTATION OF THE INTERSTATE COMPACT FOR PHYSICAL
THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND
AMENDMENTS
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 tenth member state. The provisions, which become effective at that
time, shall be limited to the powers granted to the commission relating to assembly and the
promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking
powers necessary to the implementation and administration of the compact.
new text end

new text begin (b) Any state that joins the compact subsequent to the commission's initial adoption of
the rules shall be subject to the rules 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 day the compact becomes law in that state.
new text end

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

new text begin (1) a member state's withdrawal shall not take effect until six months after enactment
of the repealing statute; and
new text end

new text begin (2) withdrawal shall not affect the continuing requirement of the withdrawing state's
physical therapy licensing board 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) Nothing contained in this compact shall be construed to invalidate or prevent any
physical therapy 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 (e) 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

new text begin ARTICLE XII
new text end

new text begin CONSTRUCTION AND SEVERABILITY
new text end

new text begin This compact shall be liberally construed so as to effectuate the purposes thereof. The
provisions of this compact shall be severable and if any phrase, clause, sentence, or provision
of this compact is declared to be contrary to the constitution of any party state or of the
United States or the applicability thereof to any government, agency, person, or circumstance
is held invalid, the validity of the remainder of this compact and the applicability thereof
to any government, agency, person, or circumstance shall not be affected thereby. If this
compact shall be held contrary to the constitution of any party state, the compact shall
remain in full force and effect as to the remaining party states and in full force and effect
as to the party state affected as to all severable matters.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. The
Board of Physical Therapy must publish the effective date of the compact in the State
Register and on the board's website.
new text end

ARTICLE 4

PROFESSIONAL COUNSELORS

Section 1.

new text begin [148B.75] LICENSED PROFESSIONAL COUNSELOR INTERSTATE
COMPACT.
new text end

new text begin The licensed professional counselor interstate compact is enacted into law and entered
into with all other jurisdictions legally joining in it, in the form substantially specified in
this section.
new text end

new text begin ARTICLE I
new text end

new text begin TITLE
new text end

new text begin This statute shall be known and cited as the professional counselors licensure compact.
new text end

new text begin ARTICLE II
new text end

new text begin DEFINITIONS
new text end

new text begin (a) As used in this compact, and except as otherwise provided, the following definitions
shall apply.
new text end

new text begin (b) "Active duty military" means full-time duty status in the active uniformed service
of the United States, including members of the national guard and reserve on active duty
orders pursuant to United States Code, title 10, chapters 1209 and 1211.
new text end

new text begin (c) "Adverse action" means any administrative, civil, equitable, or criminal action
permitted by a state's laws which is imposed by a licensing board or other authority against
a licensed professional counselor, including actions against an individual's license or privilege
to practice such as revocation, suspension, probation, monitoring of the licensee, limitation
on the licensee's practice, or any other encumbrance on licensure affecting a licensed
professional counselor's authorization to practice, including issuance of a cease and desist
action.
new text end

new text begin (d) "Alternative program" means a non-disciplinary monitoring or practice remediation
process approved by a professional counseling licensing board to address impaired
practitioners.
new text end

new text begin (e) "Continuing competence" and "continuing education" means a requirement, as a
condition of license renewal, to provide evidence of participation in, or completion of,
educational and professional activities relevant to practice or area of work.
new text end

new text begin (f) "Counseling compact commission" or "commission" means the national administrative
body whose membership consists of all states that have enacted the compact.
new text end

new text begin (g) "Current significant investigative information" means:
new text end

new text begin (1) investigative information that a licensing board, after a preliminary inquiry that
includes notification and an opportunity for the licensed professional counselor to respond,
if required by state law, has reason to believe is not groundless and, if proved true, would
indicate more than a minor infraction; or
new text end

new text begin (2) investigative information that indicates that the licensed professional counselor
represents an immediate threat to public health and safety regardless of whether the licensed
professional counselor has been notified and had an opportunity to respond.
new text end

new text begin (h) "Data system" means a repository of information about licensees, including but not
limited to continuing education, examination, licensure, investigative, privilege to practice,
and adverse action information.
new text end

new text begin (i) "Encumbered license" means a license in which an adverse action restricts the practice
of licensed professional counseling by the licensee and said adverse action has been reported
to the National Practitioners Data Bank (NPDB).
new text end

new text begin (j) "Encumbrance" means a revocation or suspension of, or any limitation on, the full
and unrestricted practice of licensed professional counseling by a licensing board.
new text end

new text begin (k) "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 (l) "Home state" means the member state that is the licensee's primary state of residence.
new text end

new text begin (m) "Impaired practitioner" means an individual who has a condition that may impair
their ability to practice as a licensed professional counselor without some type of intervention
and may include but is not limited to alcohol and drug dependence, mental health impairment,
and neurological or physical impairment.
new text end

new text begin (n) "Investigative information" means information, records, and documents received or
generated by a professional counseling licensing board pursuant to an investigation.
new text end

new text begin (o) "Jurisprudence requirement," if required by a member state, means the assessment
of an individual's knowledge of the laws and rules governing the practice of professional
counseling in a state.
new text end

new text begin (p) "Licensed professional counselor" means a counselor licensed by a member state,
regardless of the title used by that state, to independently assess, diagnose, and treat
behavioral health conditions.
new text end

new text begin (q) "Licensee" means an individual who currently holds an authorization from the state
to practice as a licensed professional counselor.
new text end

new text begin (r) "Licensing board" means the agency of a state, or equivalent, that is responsible for
the licensing and regulation of licensed professional counselors.
new text end

new text begin (s) "Member state" means a state that has enacted the compact.
new text end

new text begin (t) "Privilege to practice" means a legal authorization, which is equivalent to a license,
permitting the practice of professional counseling in a remote state.
new text end

new text begin (u) "Professional counseling" means the assessment, diagnosis, and treatment of
behavioral health conditions by a licensed professional counselor.
new text end

new text begin (v) "Remote state" means a member state other than the home state, where a licensee is
exercising or seeking to exercise the privilege to practice.
new text end

new text begin (w) "Rule" means a regulation promulgated by the commission that has the force of law.
new text end

new text begin (x) "Single state license" means a licensed professional counselor license issued by a
member state that authorizes practice only within the issuing state and does not include a
privilege to practice in any other member state.
new text end

new text begin (y) "State" means any state, commonwealth, district, or territory of the United States
that regulates the practice of professional counseling.
new text end

new text begin (z) "Telehealth" means the application of telecommunication technology to deliver
professional counseling services remotely to assess, diagnose, and treat behavioral health
conditions.
new text end

new text begin (aa) "Unencumbered license" means a license that authorizes a licensed professional
counselor to engage in the full and unrestricted practice of professional counseling.
new text end

new text begin ARTICLE III
new text end

new text begin STATE PARTICIPATION IN THE COMPACT
new text end

new text begin (a) To participate in the compact, a state must currently:
new text end

new text begin (1) license and regulate licensed professional counselors;
new text end

new text begin (2) require licensees to pass a nationally recognized exam approved by the commission;
new text end

new text begin (3) require licensees to have a 60 semester-hour or 90 quarter-hour master's degree in
counseling or 60 semester-hours or 90 quarter-hours of graduate coursework including the
following topic areas:
new text end

new text begin (i) professional counseling orientation and ethical practice;
new text end

new text begin (ii) social and cultural diversity;
new text end

new text begin (iii) human growth and development;
new text end

new text begin (iv) career development;
new text end

new text begin (v) counseling and helping relationships;
new text end

new text begin (vi) group counseling and group work;
new text end

new text begin (vii) diagnosis and treatment; assessment and testing;
new text end

new text begin (viii) research and program evaluation; and
new text end

new text begin (ix) other areas as determined by the commission;
new text end

new text begin (4) require licensees to complete a supervised postgraduate professional experience as
defined by the commission; and
new text end

new text begin (5) have a mechanism in place for receiving and investigating complaints about licensees.
new text end

new text begin (b) A member state shall:
new text end

new text begin (1) participate fully in the commission's data system, including using the commission's
unique identifier as defined in rules;
new text end

new text begin (2) notify the commission, in compliance with the terms of the compact and rules, of
any adverse action or the availability of investigative information regarding a licensee;
new text end

new text begin (3) implement or utilize procedures for considering the criminal history records of
applicants for an initial privilege to practice. These procedures shall include the submission
of fingerprints or other biometric-based information by applicants for the purpose of obtaining
an applicant's criminal history record information from the Federal Bureau of Investigation
and the agency responsible for retaining that state's criminal records;
new text end

new text begin (i) a member state must fully implement a criminal background check requirement,
within a time frame established by rule, by receiving the results of the Federal Bureau of
Investigation record search and shall use the results in making licensure decisions; and
new text end

new text begin (ii) communication between a member state, the commission, and among member states
regarding the verification of eligibility for licensure through the compact shall not include
any information received from the Federal Bureau of Investigation relating to a federal
criminal records check performed by a member state under Public Law 92-544;
new text end

new text begin (4) comply with the rules of the commission;
new text end

new text begin (5) require an applicant to obtain or retain a license in the home state and meet the home
state's qualifications for licensure or renewal of licensure, as well as all other applicable
state laws;
new text end

new text begin (6) grant the privilege to practice to a licensee holding a valid unencumbered license in
another member state in accordance with the terms of the compact and rules; and
new text end

new text begin (7) provide for the attendance of the state's commissioner to the counseling compact
commission meetings.
new text end

new text begin (c) Member states may charge a fee for granting the privilege to practice.
new text end

new text begin (d) Individuals not residing in a member state shall continue to be able to apply for a
member state's single state license as provided under the laws of each member state. However,
the single state license granted to these individuals shall not be recognized as granting a
privilege to practice professional counseling in any other member state.
new text end

new text begin (e) Nothing in this compact shall affect the requirements established by a member state
for the issuance of a single state license.
new text end

new text begin (f) A license issued to a licensed professional counselor by a home state to a resident in
that state shall be recognized by each member state as authorizing a licensed professional
counselor to practice professional counseling, under a privilege to practice, in each member
state.
new text end

new text begin ARTICLE IV
new text end

new text begin PRIVILEGE TO PRACTICE
new text end

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

new text begin (1) hold a license in the home state;
new text end

new text begin (2) have a valid United States Social Security number or national practitioner identifier;
new text end

new text begin (3) be eligible for a privilege to practice in any member state in accordance with this
article, paragraphs (d), (g), and (h);
new text end

new text begin (4) have not had any encumbrance or restriction against any license or privilege to
practice within the previous two years;
new text end

new text begin (5) notify the commission that the licensee is seeking the privilege to practice within a
remote state(s);
new text end

new text begin (6) pay any applicable fees, including any state fee, for the privilege to practice;
new text end

new text begin (7) meet any continuing competence or education requirements established by the home
state;
new text end

new text begin (8) meet any jurisprudence requirements established by the remote state in which the
licensee is seeking a privilege to practice; and
new text end

new text begin (9) report to the commission any adverse action, encumbrance, or restriction on license
taken by any nonmember state within 30 days from the date the action is taken.
new text end

new text begin (b) The privilege to practice is valid until the expiration date of the home state license.
The licensee must comply with the requirements of this article, paragraph (a), to maintain
the privilege to practice in the remote state.
new text end

new text begin (c) A licensee providing professional counseling in a remote state under the privilege
to practice shall adhere to the laws and regulations of the remote state.
new text end

new text begin (d) A licensee providing professional counseling services in a remote state is subject to
that state's regulatory authority. A remote state may, in accordance with due process and
that state's laws, remove a licensee's privilege to practice in the remote state for a specific
period of time, impose fines, or take any other necessary actions to protect the health and
safety of its citizens. The licensee may be ineligible for a privilege to practice in any member
state until the specific time for removal has passed and all fines are paid.
new text end

new text begin (e) If a home state license is encumbered, the licensee shall lose the privilege to practice
in any remote state 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) have not had any encumbrance or restriction against any license or privilege to
practice within the previous two years.
new text end

new text begin (f) Once an encumbered license in the home state is restored to good standing, the
licensee must meet the requirements of this article, paragraph (a), to obtain a privilege to
practice in any remote state.
new text end

new text begin (g) If a licensee's privilege to practice in any remote state is removed, the individual
may lose the privilege to practice in all other remote states until the following occur:
new text end

new text begin (1) the specific period of time for which the privilege to practice was removed has ended;
new text end

new text begin (2) all fines have been paid; and
new text end

new text begin (3) have not had any encumbrance or restriction against any license or privilege to
practice within the previous two years.
new text end

new text begin (h) Once the requirements of this article, paragraph (g), have been met, the licensee must
meet the requirements in this article, paragraph (a), to obtain a privilege to practice in a
remote state.
new text end

new text begin ARTICLE V
new text end

new text begin OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO
PRACTICE
new text end

new text begin (a) A licensed professional counselor may hold a home state license, which allows for
a privilege to practice in other member states, in only one member state at a time.
new text end

new text begin (b) If a licensed professional counselor changes primary state of residence by moving
between two member states:
new text end

new text begin (1) the licensed professional counselor shall file an application for obtaining a new home
state license based on a privilege to practice, pay all applicable fees, and notify the current
and new home state in accordance with applicable rules adopted by the commission;
new text end

new text begin (2) upon receipt of an application for obtaining a new home state license by virtue of a
privilege to practice, the new home state shall verify that the licensed professional counselor
meets the pertinent criteria outlined in article IV via the data system, without need for
primary source verification, except for:
new text end

new text begin (i) a Federal Bureau of Investigation fingerprint-based criminal background check if not
previously performed or updated pursuant to applicable rules adopted by the commission
in accordance with Public Law 92-544;
new text end

new text begin (ii) other criminal background checks as required by the new home state; and
new text end

new text begin (iii) completion of any requisite jurisprudence requirements of the new home state;
new text end

new text begin (3) the former home state shall convert the former home state license into a privilege to
practice once the new home state has activated the new home state license in accordance
with applicable rules adopted by the commission;
new text end

new text begin (4) notwithstanding any other provision of this compact, if the licensed professional
counselor cannot meet the criteria in article VI, the new home state may apply its
requirements for issuing a new single state license; and
new text end

new text begin (5) the licensed professional counselor shall pay all applicable fees to the new home
state in order to be issued a new home state license.
new text end

new text begin (c) If a licensed professional counselor changes primary state of residence by moving
from a member state to a nonmember state, or from a nonmember state to a member state,
the state criteria shall apply for issuance of a single state license in the new state.
new text end

new text begin (d) Nothing in this compact shall interfere with a licensee's ability to hold a single state
license in multiple states, however, for the purposes of this compact, a licensee shall have
only one home state license.
new text end

new text begin (e) Nothing in this compact shall affect the requirements established by a member state
for the issuance of a single state license.
new text end

new text begin ARTICLE VI
new text end

new text begin ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
new text end

new text begin Active duty military personnel, 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. Subsequent to designating
a home state, the individual shall only change their home state through application for
licensure in the new state or through the process outlined in article V.
new text end

new text begin ARTICLE VII
new text end

new text begin COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
new text end

new text begin (a) Member states shall recognize the right of a licensed professional counselor, licensed
by a home state in accordance with article III and under rules promulgated by the commission,
to practice professional counseling in any member state via telehealth under a privilege to
practice as provided in the compact and rules promulgated by the commission.
new text end

new text begin (b) A licensee providing professional counseling services in a remote state under the
privilege to practice shall adhere to the laws and regulations of the remote state.
new text end

new text begin ARTICLE VIII
new text end

new text begin ADVERSE ACTIONS
new text end

new text begin (a) In addition to the other powers conferred by state law, a remote state shall have the
authority, in accordance with existing state due process law, to:
new text end

new text begin (1) take adverse action against a licensed professional counselor's privilege to practice
within that member state; and
new text end

new text begin (2) issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing
board in a member state for the attendance and testimony of witnesses or the production of
evidence from another member state shall be enforced in the latter state by any court of
competent jurisdiction according to the practice and procedure of that court applicable to
subpoenas issued in 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 in which the witnesses or evidence are located.
new text end

new text begin (b) Only the home state shall have the power to take adverse action against a licensed
professional counselor's license issued by the home state.
new text end

new text begin (c) For purposes of taking adverse action, the home state shall give the same priority
and effect to reported conduct received from a member state as it would if the conduct had
occurred within the home state. In so doing, the home state shall apply its own state laws
to determine appropriate action.
new text end

new text begin (d) The home state shall complete any pending investigations of a licensed professional
counselor who changes primary state of residence during the course of the investigations.
The home state shall also have the authority to take appropriate action and shall promptly
report the conclusions of the investigations to the administrator of the data system. The
administrator of the coordinated licensure information system shall promptly notify the new
home state of any adverse actions.
new text end

new text begin (e) A member state, if otherwise permitted by state law, may recover from the affected
licensed professional counselor the costs of investigations and dispositions of cases resulting
from any adverse action taken against that licensed professional counselor.
new text end

new text begin (f) A member state may take adverse action based on the factual findings of the remote
state, provided that the member state follows its own procedures for taking the adverse
action.
new text end

new text begin (g) Joint investigations:
new text end

new text begin (1) in addition to the authority granted to a member state by its respective professional
counseling practice act or other applicable state law, any member state may participate with
other member states in joint investigations of licensees; and
new text end

new text begin (2) member states shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under the compact.
new text end

new text begin (h) If adverse action is taken by the home state against the license of a licensed
professional counselor, the licensed professional counselor's privilege to practice in all other
member states shall be deactivated until all encumbrances have been removed from the
state license. All home state disciplinary orders that impose adverse action against the license
of a licensed professional counselor shall include a statement that the licensed professional
counselor's privilege to practice is deactivated in all member states during the pendency of
the order.
new text end

new text begin (i) If a member state takes adverse action, it shall promptly notify the administrator of
the data system. The administrator of the data system shall promptly notify the home state
of any adverse actions by remote states.
new text end

new text begin (j) 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.
new text end

new text begin ARTICLE IX
new text end

new text begin ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
new text end

new text begin (a) The compact member states hereby create and establish a joint public agency known
as the counseling compact commission:
new text end

new text begin (1) the commission is an instrumentality of the compact states;
new text end

new text begin (2) except as provided under paragraph (i), 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; and
new text end

new text begin (3) nothing in this compact shall be construed to be a waiver of sovereign immunity.
new text end

new text begin (b) Membership, voting, and meetings:
new text end

new text begin (1) each member state shall have and be limited to one delegate selected by that member
state's licensing board;
new text end

new text begin (2) the delegate shall be either:
new text end

new text begin (i) a current member of the licensing board at the time of appointment who is a licensed
professional counselor or public member; or
new text end

new text begin (ii) an administrator of the licensing board;
new text end

new text begin (3) any delegate may be removed or suspended from office as provided by the law of
the state from which the delegate is appointed;
new text end

new text begin (4) the member state licensing board shall fill any vacancy occurring on the commission
within 60 days;
new text end

new text begin (5) each delegate shall be entitled to one vote with regard to the promulgation of rules
and creation of bylaws and shall otherwise have an opportunity to participate in the business
and affairs of the commission;
new text end

new text begin (6) a delegate shall vote in person or by such other means as provided in the bylaws.
The bylaws may provide for delegates' participation in meetings by telephone or other means
of communication;
new text end

new text begin (7) the commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws; and
new text end

new text begin (8) the commission shall by rule establish a term of office for delegates and may by rule
establish term limits.
new text end

new text begin (c) The commission shall have the following powers and duties:
new text end

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

new text begin (2) establish bylaws;
new text end

new text begin (3) maintain its financial records in accordance with the bylaws;
new text end

new text begin (4) meet and take such actions as are consistent with the provisions of this compact and
the bylaws;
new text end

new text begin (5) promulgate rules which shall be binding to the extent and in the manner provided
for in the compact;
new text end

new text begin (6) bring and prosecute legal proceedings or actions in the name of the commission,
provided that the standing of any state licensing board to sue or be sued under applicable
law shall not be affected;
new text end

new text begin (7) purchase and maintain insurance and bonds;
new text end

new text begin (8) borrow, accept, or contract for services of personnel, including but not limited to
employees of a member state;
new text end

new text begin (9) 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 (10) accept any and all appropriate donations and grants of money, equipment, supplies,
materials, and services and to receive, utilize, and dispose of the same; provided that at all
times the commission shall avoid any appearance of impropriety and conflict of interest;
new text end

new text begin (11) lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold,
improve, or use any property, real, personal, or mixed; provided that at all times the
commission shall avoid any appearance of impropriety;
new text end

new text begin (12) sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
new text end

new text begin (13) establish a budget and make expenditures;
new text end

new text begin (14) borrow money;
new text end

new text begin (15) appoint committees, including standing committees composed of members, 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 (16) provide and receive information from, and cooperate with, law enforcement agencies;
new text end

new text begin (17) establish and elect an executive committee; and
new text end

new text begin (18) perform such other functions as may be necessary or appropriate to achieve the
purposes of this compact consistent with the state regulation of professional counseling
licensure and practice.
new text end

new text begin (d) The executive committee:
new text end

new text begin (1) the executive committee shall have the power to act on behalf of the commission
according to the terms of this compact;
new text end

new text begin (2) the executive committee shall be composed of up to eleven members:
new text end

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

new text begin (ii) up to four ex-officio, nonvoting members from four recognized national professional
counselor organizations; and
new text end

new text begin (iii) the ex-officio members will be selected by their respective organizations;
new text end

new text begin (3) the commission may remove any member of the executive committee as provided
in the bylaws;
new text end

new text begin (4) the executive committee shall meet at least annually; and
new text end

new text begin (5) the executive committee shall have the following duties and responsibilities:
new text end

new text begin (i) recommend to the entire commission changes to the rules or bylaws, changes to this
compact legislation, fees paid by compact member states such as annual dues, and any
commission compact fee charged to licensees for the privilege to practice;
new text end

new text begin (ii) ensure compact administration services are appropriately provided, contractual or
otherwise;
new text end

new text begin (iii) prepare and recommend the budget;
new text end

new text begin (iv) maintain financial records on behalf of the commission;
new text end

new text begin (v) monitor compact compliance of member states and provide compliance reports to
the commission;
new text end

new text begin (vi) establish additional committees as necessary; and
new text end

new text begin (vii) other duties as provided in rules or bylaws.
new text end

new text begin (e) Meetings of the commission:
new text end

new text begin (1) all meetings shall be open to the public, and public notice of meetings shall be given
in the same manner as required under the rulemaking provisions in article XI;
new text end

new text begin (2) the commission or the executive committee or other committees of the commission
may convene in a closed, non-public meeting if the commission or executive committee or
other committees of the commission must discuss:
new text end

new text begin (i) non-compliance of a member state with its obligations under the compact;
new text end

new text begin (ii) the employment, compensation, discipline, or other matters, practices, or procedures
related to specific employees or other matters related to the commission's internal personnel
practices and procedures;
new text end

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

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

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

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

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

new text begin (viii) disclosure of investigative records compiled for law enforcement purposes;
new text end

new text begin (ix) disclosure of 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; or
new text end

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

new text begin (3) if a meeting, or portion of a meeting, is closed pursuant to this provision, the
commission's legal counsel or designee shall certify that the meeting may be closed and
shall reference each relevant exempting provision; and
new text end

new text begin (4) the commission shall keep minutes that fully and clearly describe all matters discussed
in a meeting and shall provide a full and accurate summary of actions taken and the reasons
therefore, including a description of the views expressed. 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 by a majority vote of the
commission or order of a court of competent jurisdiction.
new text end

new text begin (f) Financing of the commission:
new text end

new text begin (i) 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 (ii) the commission may accept any and all appropriate revenue sources, donations, and
grants of money, equipment, supplies, materials, and services;
new text end

new text begin (iii) the commission may levy on and collect an annual assessment from each member
state or impose fees on other parties to cover the cost of the operations and activities of the
commission and its staff, which must be in a total amount sufficient to cover its annual
budget as approved each year for which revenue is not provided by other sources. The
aggregate annual assessment amount shall be allocated based upon a formula to be determined
by the commission, which shall promulgate a rule binding upon all member states;
new text end

new text begin (iv) the commission shall not incur obligations of any kind prior to securing the funds
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; and
new text end

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

new text begin (g) Qualified immunity, defense, and indemnification:
new text end

new text begin (1) the members, officers, executive director, employees, and representatives of the
commission shall be immune from suit and liability, either personally or 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;
new text end

new text begin (2) the commission shall defend any member, officer, executive director, employee, or
representative 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 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 his or her own counsel; 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; and
new text end

new text begin (3) the commission shall indemnify and hold harmless any member, officer, executive
director, employee, or representative 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 (h) Notwithstanding paragraph (g), clause (1), the liability of the executive director,
employees, or representatives of the interstate commission, acting within the scope of their
employment or duties, may not exceed the limits of liability set forth under the constitution
and laws of this state for state officials, employees, and agents. This paragraph expressly
incorporates section 3.736, and neither expands nor limits the rights and remedies provided
under that statute.
new text end

new text begin (i) Except for a claim alleging a violation of this compact, a claim against the commission,
its executive director, employees, or representatives alleging a violation of the constitution
and laws of this state may be brought in any county where the plaintiff resides. Nothing in
this paragraph creates a private right of action.
new text end

new text begin (j) Nothing in this compact 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 ARTICLE X
new text end

new text begin 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 investigative information on all licensed individuals in member states.
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 on all individuals to whom this compact
is applicable as required by the rules of the commission, including:
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 license or privilege to practice;
new text end

new text begin (4) nonconfidential information related to alternative program participation;
new text end

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

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

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

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

new text begin (d) The commission shall promptly notify all member states of any adverse action taken
against a licensee or an individual applying for a license. 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 (e) 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 (f) Any information submitted to the data system that is subsequently required to be
expunged by the laws of the member state contributing the information shall be removed
from the data system.
new text end

new text begin ARTICLE XI
new text end

new text begin RULEMAKING
new text end

new text begin (a) The commission shall promulgate reasonable rules in order to effectively and
efficiently achieve the purpose of the compact. Notwithstanding the foregoing, in the event
the commission exercises its rulemaking authority in a manner that is beyond the scope of
the purposes of the compact, or the powers granted hereunder, then such an action by the
commission shall be invalid and have no force or effect.
new text end

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

new text begin (c) If a majority of the legislatures of the member states rejects 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 (d) Rules or amendments to the rules shall be adopted at a regular or special meeting of
the commission.
new text end

new text begin (e) Prior to promulgation and adoption of a final rule or rules by the commission, and
at least thirty days in advance of the meeting at which the rule will be considered and voted
upon, the commission shall file a notice of proposed rulemaking:
new text end

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

new text begin (2) on the website of each member state professional counseling licensing board or other
publicly accessible platform or the publication in which each state would otherwise publish
proposed rules.
new text end

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

new text begin (1) the proposed time, date, and location of the meeting in which the rule will be
considered and voted upon;
new text end

new text begin (2) the text of the proposed rule or amendment and the reason for the proposed rule;
new text end

new text begin (3) a request for comments on the proposed rule from any interested person; and
new text end

new text begin (4) the manner in which interested persons may submit notice to the commission of their
intention to attend the public hearing and any written comments.
new text end

new text begin (g) Prior to adoption of a proposed rule, the commission shall allow persons to submit
written data, facts, opinions, and arguments, which shall be made available to the public.
new text end

new text begin (h) The commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment if a hearing is requested by:
new text end

new text begin (1) at least 25 persons;
new text end

new text begin (2) a state or federal governmental subdivision or agency; or
new text end

new text begin (3) an association having at least 25 members.
new text end

new text begin (i) If a hearing is held on the proposed rule or amendment, the commission shall publish
the place, time, and date of the scheduled public hearing. If the hearing is held via electronic
means, the commission shall publish the mechanism for access to the electronic hearing:
new text end

new text begin (1) all persons wishing to be heard at the hearing shall notify the executive director of
the commission or other designated member in writing of their desire to appear and testify
at the hearing not less than five business days before the scheduled date of the hearing;
new text end

new text begin (2) hearings shall be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing;
new text end

new text begin (3) all hearings will be recorded. A copy of the recording will be made available on
request; and
new text end

new text begin (4) nothing in this article 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
article.
new text end

new text begin (j) Following the scheduled hearing date, or by the close of business on the scheduled
hearing date if the hearing was not held, the commission shall consider all written and oral
comments received.
new text end

new text begin (k) If no written notice of intent to attend the public hearing by interested parties is
received, the commission may proceed with promulgation of the proposed rule without a
public hearing.
new text end

new text begin (l) The commission shall, by majority vote of all members, take final action on the
proposed rule and shall determine the effective date of the rule, if any, based on the
rulemaking record and the full text of the rule.
new text end

new text begin (m) Upon determination that an emergency exists, the commission may consider and
adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided
that the usual rulemaking procedures provided in the compact and in this article 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 provision, 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 an administrative 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 (n) The commission or an authorized committee of the commission may direct revisions
to a previously adopted rule or amendment 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 thirty 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 chair of 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 ARTICLE XII
new text end

new text begin OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
new text end

new text begin (a) Oversight:
new text end

new text begin (1) the executive, legislative, and judicial branches of state government in each member
state shall enforce this compact and take all actions necessary and appropriate to effectuate
the compact's purposes and intent. The provisions of this compact and the rules promulgated
hereunder shall have standing as statutory law;
new text end

new text begin (2) all courts shall take judicial notice of the compact and the rules in any judicial or
administrative proceeding in a member state pertaining to the subject matter of this compact
which may affect the powers, responsibilities, or actions of the commission; and
new text end

new text begin (3) the commission shall be entitled to receive service of process in any such proceeding
and shall have standing to intervene in such a proceeding for all purposes. Failure to provide
service of process to the commission shall render a judgment or order void as to the
commission, this compact, or promulgated rules.
new text end

new text begin (b) Default, technical assistance, and termination:
new text end

new text begin (1) 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:
new text end

new text begin (i) provide written notice to the defaulting state and other member states of the nature
of the default, the proposed means of curing the default, or any other action to be taken by
the commission; and
new text end

new text begin (ii) provide remedial training and specific technical assistance regarding the default.
new text end

new text begin (c) 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 member states, and all rights,
privileges, and benefits conferred 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 (d) 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, and each of the member states.
new text end

new text begin (e) 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.
new text end

new text begin (f) 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 (g) 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 member shall be awarded all costs of
such litigation, including reasonable attorney fees.
new text end

new text begin (h) Dispute resolution:
new text end

new text begin (1) 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; and
new text end

new text begin (2) the commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
new text end

new text begin (i) Enforcement:
new text end

new text begin (1) the commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact;
new text end

new text begin (2) by majority vote, the commission may initiate legal action in the United States District
Court for the District of Columbia or the federal district where the commission has its
principal offices against a member state in default to enforce compliance with the provisions
of the compact and its promulgated rules and bylaws. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing
member shall be awarded all costs of such litigation, including reasonable attorney fees;
and
new text end

new text begin (3) the remedies herein shall not be the exclusive remedies of the commission. The
commission may pursue any other remedies available under federal or state law.
new text end

new text begin ARTICLE XIII
new text end

new text begin DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION
AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
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 tenth member state. The provisions, which become effective at that
time, shall be limited to the powers granted to the commission relating to assembly and the
promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking
powers necessary to the implementation and administration of the compact.
new text end

new text begin (b) Any state that joins the compact subsequent to the commission's initial adoption of
the rules shall be subject to the rules 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 day the compact becomes law in that state.
new text end

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

new text begin (1) a member state's withdrawal shall not take effect until six months after enactment
of the repealing statute; and
new text end

new text begin (2) withdrawal shall not affect the continuing requirement of the withdrawing state's
professional counseling licensing board 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) Nothing contained in this compact shall be construed to invalidate or prevent any
professional counseling 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 (e) 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

new text begin ARTICLE XIV
new text end

new text begin CONSTRUCTION AND SEVERABILITY
new text end

new text begin This compact shall be liberally construed so as to effectuate the purposes thereof. The
provisions of this compact shall be severable and if any phrase, clause, sentence, or provision
of this compact is declared to be contrary to the constitution of any member state or of the
United States or the applicability thereof to any government, agency, person, or circumstance
is held invalid, the validity of the remainder of this compact and the applicability thereof
to any government, agency, person, or circumstance shall not be affected thereby. If this
compact shall be held 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

new text begin ARTICLE XV
new text end

new text begin BINDING EFFECT OF COMPACT AND OTHER LAWS
new text end

new text begin (a) A licensee providing professional counseling services in a remote state under the
privilege to practice shall adhere to the laws and regulations, including scope of practice,
of the remote state.
new text end

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

new text begin (c) Any laws in a member state in conflict with the compact are superseded to the extent
of the conflict.
new text end

new text begin (d) Any lawful actions of the commission, including all rules and bylaws properly
promulgated by the commission, are binding upon the member states.
new text end

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

new text begin (f) In the event any provision of the compact exceeds the constitutional limits imposed
on the legislature of any member state, the provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that member state.
new text end

ARTICLE 5

AUDIOLOGIST AND SPEECH-LANGUAGE PATHOLOGISTS

Section 1.

new text begin [148.5185] AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
INTERSTATE COMPACT.
new text end

new text begin The Audiology and Speech-Language Pathology Interstate Compact is enacted into law
and entered into with all other jurisdictions legally joining in it in the form substantially
specified in this section.
new text end

new text begin ARTICLE I
new text end

new text begin DEFINITIONS
new text end

new text begin As used in this compact, and except as otherwise provided, the following definitions
shall apply:
new text end

new text begin (A) "Active duty military" means full-time duty status in the active uniformed service
of the United States, including members of the National Guard and Reserve on active duty
orders pursuant to United States Code, title 10, sections 1209 and 1211.
new text end

new text begin (B) "Adverse action" means any administrative, civil, equitable, or criminal action
permitted by a state's laws which is imposed by a licensing board or other authority against
an audiologist or speech-language pathologist, including actions against an individual's
license or privilege to practice such as revocation, suspension, probation, monitoring of the
licensee, or restriction on the licensee's practice.
new text end

new text begin (C) "Alternative program" means a non-disciplinary monitoring process approved by
an audiology or speech-language pathology licensing board to address impaired practitioners.
new text end

new text begin (D) "Audiologist" means an individual who is licensed by a state to practice audiology.
new text end

new text begin (E) "Audiology" means the care and services provided by a licensed audiologist as set
forth in the member state's statutes and rules.
new text end

new text begin (F) "Audiology and Speech-Language Pathology Compact Commission" or "commission"
means the national administrative body whose membership consists of all states that have
enacted the compact.
new text end

new text begin (G) "Audiology and speech-language pathology licensing board," "audiology licensing
board," "speech-language pathology licensing board," or "licensing board" means the agency
of a state that is responsible for the licensing and regulation of audiologists or
speech-language pathologists or both.
new text end

new text begin (H) "Compact privilege" means the authorization granted by a remote state to allow a
licensee from another member state to practice as an audiologist or speech-language
pathologist in the remote state under its laws and rules. The practice of audiology or
speech-language pathology occurs in the member state where the patient, client, or student
is located at the time of the patient, client, or student encounter.
new text end

new text begin (I) "Current significant investigative information" means investigative information that
a licensing board, after an inquiry or investigation that includes notification and an
opportunity for the audiologist or speech-language pathologist to respond, if required by
state law, has reason to believe is not groundless and, if proved true, would indicate more
than a minor infraction.
new text end

new text begin (J) "Data system" means a repository of information about licensees, including but not
limited to continuing education, examination, licensure, investigation, compact privilege,
and adverse action.
new text end

new text begin (K) "Encumbered license" means a license in which an adverse action restricts the
practice of audiology or speech-language pathology by the licensee and said adverse action
has been reported to the National Practitioners Data Bank (NPDB).
new text end

new text begin (L) "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 (M) "Home state" means the member state that is the licensee's primary state of residence.
new text end

new text begin (N) "Impaired practitioner" means individuals whose professional practice is adversely
affected by substance abuse, addiction, or other health-related conditions.
new text end

new text begin (O) "Licensee" means an individual who currently holds an authorization from the state
licensing board to practice as an audiologist or speech-language pathologist.
new text end

new text begin (P) "Member state" means a state that has enacted the compact.
new text end

new text begin (Q) "Privilege to practice" means a legal authorization permitting the practice of audiology
or speech-language pathology in a remote state.
new text end

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

new text begin (S) "Rule" means a regulation, principle, or directive promulgated by the commission
that has the force of law.
new text end

new text begin (T) "Single-state license" means an audiology or speech-language pathology license
issued by a member state that authorizes practice only within the issuing state and does not
include a privilege to practice in any other member state.
new text end

new text begin (U) "Speech-language pathologist" means an individual who is licensed by a state to
practice speech-language pathology.
new text end

new text begin (V) "Speech-language pathology" means the care and services provided by a licensed
speech-language pathologist as set forth in the member state's statutes and rules.
new text end

new text begin (W) "State" means any state, commonwealth, district, or territory of the United States
of America that regulates the practice of audiology and speech-language pathology.
new text end

new text begin (X) "State practice laws" means a member state's laws, rules, and regulations that govern
the practice of audiology or speech-language pathology, define the scope of audiology or
speech-language pathology practice, and create the methods and grounds for imposing
discipline.
new text end

new text begin (Y) "Telehealth" means the application of telecommunication technology to deliver
audiology or speech-language pathology services at a distance for assessment, intervention,
or consultation.
new text end

new text begin ARTICLE II
new text end

new text begin STATE PARTICIPATION IN THE COMPACT
new text end

new text begin (A) A license issued to an audiologist or speech-language pathologist by a home state
to a resident in that state shall be recognized by each member state as authorizing an
audiologist or speech-language pathologist to practice audiology or speech-language
pathology, under a privilege to practice, in each member state.
new text end

new text begin (B) A state must implement or utilize procedures for considering the criminal history
records of applicants for initial privilege to practice. These procedures shall include the
submission of fingerprints or other biometric-based information by applicants for the purpose
of obtaining an applicant's criminal history record information from the Federal Bureau of
Investigation and the agency responsible for retaining that state's criminal records.
new text end

new text begin (1) A member state must fully implement a criminal background check requirement,
within a time frame established by rule, by receiving the results of the Federal Bureau of
Investigation record search on criminal background checks and use the results in making
licensure decisions.
new text end

new text begin (2) Communication between a member state and the commission and among member
states regarding the verification of eligibility for licensure through the compact shall not
include any information received from the Federal Bureau of Investigation relating to a
federal criminal records check performed by a member state under Public Law 92-544.
new text end

new text begin (C) Upon application for a privilege to practice, the licensing board in the issuing remote
state shall ascertain, through the data system, whether the applicant has ever held, or is the
holder of, a license issued by any other state, whether there are any encumbrances on any
license or privilege to practice held by the applicant, and whether any adverse action has
been taken against any license or privilege to practice held by the applicant.
new text end

new text begin (D) Each member state shall require an applicant to obtain or retain a license in the home
state and meet the home state's qualifications for licensure or renewal of licensure, as well
as all other applicable state laws.
new text end

new text begin (E) An audiologist must:
new text end

new text begin (1) meet one of the following educational requirements:
new text end

new text begin (i) on or before December 31, 2007, have graduated with a master's degree or doctoral
degree in audiology, or equivalent degree regardless of degree name, from a program that
is accredited by an accrediting agency recognized by the Council for Higher Education
Accreditation, or its successor, or by the United States Department of Education and operated
by a college or university accredited by a regional or national accrediting organization
recognized by the board; or
new text end

new text begin (ii) on or after January 1, 2008, have graduated with a doctoral degree in audiology, or
equivalent degree regardless of degree name, from a program that is accredited by an
accrediting agency recognized by the Council for Higher Education Accreditation, or its
successor, or by the United States Department of Education and operated by a college or
university accredited by a regional or national accrediting organization recognized by the
board; or
new text end

new text begin (iii) have graduated from an audiology program that is housed in an institution of higher
education outside of the United States (a) for which the program and institution have been
approved by the authorized accrediting body in the applicable country and (b) the degree
program has been verified by an independent credentials review agency to be comparable
to a state licensing board-approved program;
new text end

new text begin (2) have completed a supervised clinical practicum experience from an accredited
educational institution or its cooperating programs as required by the board;
new text end

new text begin (3) have successfully passed a national examination approved by the commission;
new text end

new text begin (4) hold an active, unencumbered license;
new text end

new text begin (5) not have been convicted or found guilty, and not have entered into an agreed
disposition, of a felony related to the practice of audiology, under applicable state or federal
criminal law; and
new text end

new text begin (6) have a valid United States Social Security or National Practitioner Identification
number.
new text end

new text begin (F) A speech-language pathologist must:
new text end

new text begin (1) meet one of the following educational requirements:
new text end

new text begin (i) have graduated with a master's degree from a speech-language pathology program
that is accredited by an organization recognized by the United States Department of Education
and operated by a college or university accredited by a regional or national accrediting
organization recognized by the board; or
new text end

new text begin (ii) have graduated from a speech-language pathology program that is housed in an
institution of higher education outside of the United States (a) for which the program and
institution have been approved by the authorized accrediting body in the applicable country
and (b) the degree program has been verified by an independent credentials review agency
to be comparable to a state licensing board-approved program;
new text end

new text begin (2) have completed a supervised clinical practicum experience from an educational
institution or its cooperating programs as required by the commission;
new text end

new text begin (3) have completed a supervised postgraduate professional experience as required by
the commission;
new text end

new text begin (4) have successfully passed a national examination approved by the commission;
new text end

new text begin (5) hold an active, unencumbered license;
new text end

new text begin (6) not have been convicted or found guilty, and not have entered into an agreed
disposition, of a felony related to the practice of speech-language pathology, under applicable
state or federal criminal law; and
new text end

new text begin (7) have a valid United States Social Security or National Practitioner Identification
number.
new text end

new text begin (G) The privilege to practice is derived from the home state license.
new text end

new text begin (H) An audiologist or speech-language pathologist practicing in a member state must
comply with the state practice laws of the state in which the client is located at the time
service is provided. The practice of audiology and speech-language pathology shall include
all audiology and speech-language pathology practice as defined by the state practice laws
of the member state in which the client is located. The practice of audiology and
speech-language pathology in a member state under a privilege to practice shall subject an
audiologist or speech-language pathologist to the jurisdiction of the licensing board, the
courts and the laws of the member state in which the client is located at the time service is
provided.
new text end

new text begin (I) Individuals not residing in a member state shall continue to be able to apply for a
member state's single-state license as provided under the laws of each member state.
However, the single-state license granted to these individuals shall not be recognized as
granting the privilege to practice audiology or speech-language pathology in any other
member state. Nothing in this compact shall affect the requirements established by a member
state for the issuance of a single-state license.
new text end

new text begin (J) Member states may charge a fee for granting a compact privilege.
new text end

new text begin (K) Member states must comply with the bylaws and rules and regulations of the
commission.
new text end

new text begin ARTICLE III
new text end

new text begin COMPACT PRIVILEGE
new text end

new text begin (A) To exercise the compact privilege under the terms and provisions of the compact,
the audiologist or speech-language pathologist shall:
new text end

new text begin (1) hold an active license in the home state;
new text end

new text begin (2) have no encumbrance on any state license;
new text end

new text begin (3) be eligible for a compact privilege in any member state in accordance with Article
II;
new text end

new text begin (4) have not had any adverse action against any license or compact privilege within the
previous two years from date of application;
new text end

new text begin (5) notify the commission that the licensee is seeking the compact privilege within a
remote state or states;
new text end

new text begin (6) pay any applicable fees, including any state fee, for the compact privilege; and
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 (B) For the purposes of the compact privilege, an audiologist or speech-language
pathologist shall only hold one home state license at a time.
new text end

new text begin (C) Except as provided in Article V, if an audiologist or speech-language pathologist
changes primary state of residence by moving between two member states, the audiologist
or speech-language pathologist must apply for licensure in the new home state, and the
license issued by the prior home state shall be deactivated in accordance with applicable
rules adopted by the commission.
new text end

new text begin (D) The audiologist or speech-language pathologist may apply for licensure in advance
of a change in primary state of residence.
new text end

new text begin (E) A license shall not be issued by the new home state until the audiologist or
speech-language pathologist provides satisfactory evidence of a change in primary state of
residence to the new home state and satisfies all applicable requirements to obtain a license
from the new home state.
new text end

new text begin (F) If an audiologist or speech-language pathologist changes primary state of residence
by moving from a member state to a nonmember state, the license issued by the prior home
state shall convert to a single-state license, valid only in the former home state.
new text end

new text begin (G) The compact privilege is valid until the expiration date of the home state license.
The licensee must comply with the requirements of Article III, (A), to maintain the compact
privilege in the remote state.
new text end

new text begin (H) A licensee providing audiology or speech-language pathology services in a remote
state under the compact privilege shall function within the laws and regulations of the remote
state.
new text end

new text begin (I) A licensee providing audiology or speech-language pathology services in a remote
state is subject to that state's regulatory authority. A remote state may, in accordance with
due process and that state's laws, remove a licensee's compact privilege in the remote state
for a specific period of time, impose fines, or take any other necessary actions to protect
the health and safety of its citizens.
new text end

new text begin (J) If a home state license is encumbered, the licensee shall lose the compact privilege
in any remote state 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 of the adverse action.
new text end

new text begin (K) Once an encumbered license in the home state is restored to good standing, the
licensee must meet the requirements of Article III, (A), to obtain a compact privilege in any
remote state.
new text end

new text begin (L) Once the requirements of Article III, (J), have been met, the licensee must meet the
requirements in Article III, (A), to obtain a compact privilege in a remote state.
new text end

new text begin ARTICLE IV
new text end

new text begin COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
new text end

new text begin Member states shall recognize the right of an audiologist or speech-language pathologist,
licensed by a home state in accordance with Article II and under rules promulgated by the
commission, to practice audiology or speech-language pathology in a member state via
telehealth under a privilege to practice as provided in the compact and rules promulgated
by the commission.
new text end

new text begin ARTICLE V
new text end

new text begin ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
new text end

new text begin Active duty military personnel, 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. Subsequent to designating
a home state, the individual shall only change their home state through application for
licensure in the new state.
new text end

new text begin ARTICLE VI
new text end

new text begin ADVERSE ACTIONS
new text end

new text begin (A) In addition to the other powers conferred by state law, a remote state shall have the
authority, in accordance with existing state due process law, to:
new text end

new text begin (1) take adverse action against an audiologist's or speech-language pathologist's privilege
to practice within that member state; and
new text end

new text begin (2) issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing
board in a member state for the attendance and testimony of witnesses or the production of
evidence from another member state shall be enforced in the latter state by any court of
competent jurisdiction, according to the practice and procedure of that court applicable to
subpoenas issued in 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 in which the witnesses or evidence are located.
new text end

new text begin (B) Only the home state shall have the power to take adverse action against an
audiologist's or speech-language pathologist's license issued by the home state.
new text end

new text begin (C) For purposes of taking adverse action, the home state shall give the same priority
and effect to reported conduct received from a member state as it would if the conduct had
occurred within the home state. In so doing, the home state shall apply its own state laws
to determine appropriate action.
new text end

new text begin (D) The home state shall complete any pending investigations of an audiologist or
speech-language pathologist who changes primary state of residence during the course of
the investigations. The home state shall also have the authority to take appropriate action
and shall promptly report the conclusions of the investigations to the administrator of the
data system. The administrator of the data system shall promptly notify the new home state
of any adverse actions.
new text end

new text begin (E) If otherwise permitted by state law, the member state may recover from the affected
audiologist or speech-language pathologist the costs of investigations and disposition of
cases resulting from any adverse action taken against that audiologist or speech-language
pathologist.
new text end

new text begin (F) The member state may take adverse action based on the factual findings of the remote
state, provided that the member state follows the member state's own procedures for taking
the adverse action.
new text end

new text begin (G) Joint Investigations:
new text end

new text begin (1) In addition to the authority granted to a member state by its respective audiology or
speech-language pathology practice act or other applicable state law, any member state may
participate with other member states in joint investigations of licensees.
new text end

new text begin (2) Member states shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under the Compact.
new text end

new text begin (H) If adverse action is taken by the home state against an audiologist's or
speech-language pathologist's license, the audiologist's or speech-language pathologist's
privilege to practice in all other member states shall be deactivated until all encumbrances
have been removed from the state license. All home state disciplinary orders that impose
adverse action against an audiologist's or speech-language pathologist's license shall include
a statement that the audiologist's or speech-language pathologist's privilege to practice is
deactivated in all member states during the pendency of the order.
new text end

new text begin (I) If a member state takes adverse action, it shall promptly notify the administrator of
the data system. The administrator of the data system shall promptly notify the home state
of any adverse actions by remote states.
new text end

new text begin (J) 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.
new text end

new text begin ARTICLE VII
new text end

new text begin ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
COMPACT COMMISSION
new text end

new text begin (A) The compact member states hereby create and establish a joint public agency known
as the Audiology and Speech-Language Pathology Compact Commission:
new text end

new text begin (1) The commission is an instrumentality of the compact states.
new text end

new text begin (2) Except as provided under paragraph (H), 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.
new text end

new text begin (3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
new text end

new text begin (B) Membership, Voting, and Meetings:
new text end

new text begin (1) Each member state shall have two delegates selected by that member state's licensing
board. The delegates shall be current members of the licensing board. One shall be an
audiologist and one shall be a speech-language pathologist.
new text end

new text begin (2) An additional five delegates, who are either a public member or board administrator
from a state licensing board, shall be chosen by the executive committee from a pool of
nominees provided by the commission at large.
new text end

new text begin (3) Any delegate may be removed or suspended from office as provided by the law of
the state from which the delegate is appointed.
new text end

new text begin (4) The member state board shall fill any vacancy occurring on the commission, within
90 days.
new text end

new text begin (5) Each delegate shall be entitled to one vote with regard to the promulgation of rules
and creation of bylaws and shall otherwise have an opportunity to participate in the business
and affairs of the commission.
new text end

new text begin (6) A delegate shall vote in person or by other means as provided in the bylaws. The
bylaws may provide for delegates' participation in meetings by telephone or other means
of communication.
new text end

new text begin (7) The commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws.
new text end

new text begin (C) The commission shall have the following powers and duties:
new text end

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

new text begin (2) establish bylaws;
new text end

new text begin (3) establish a code of ethics;
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 actions as are consistent with the provisions of this compact and the
bylaws;
new text end

new text begin (6) promulgate uniform rules to facilitate and coordinate implementation and
administration of this compact. The rules shall have the force and effect of law and shall
be binding in all member states;
new text end

new text begin (7) bring and prosecute legal proceedings or actions in the name of the commission,
provided that the standing of any state audiology or speech-language pathology licensing
board to sue or be sued under applicable law shall not be affected;
new text end

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

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

new text begin (10) hire employees, elect or appoint officers, fix compensation, define duties, grant
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 (11) accept any and all appropriate donations and grants of money, equipment, supplies,
materials, and services and to receive, utilize, and dispose of the same; provided that at all
times the commission shall avoid any appearance of impropriety or conflict of interest;
new text end

new text begin (12) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,
improve, or use any property real, personal, or mixed; provided that at all times the
commission shall avoid any appearance of impropriety;
new text end

new text begin (13) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
new text end

new text begin (14) establish a budget and make expenditures;
new text end

new text begin (15) borrow money;
new text end

new text begin (16) appoint committees, including standing committees composed of members and
other interested persons as may be designated in this compact and the bylaws;
new text end

new text begin (17) provide and receive information from, and cooperate with, law enforcement agencies;
new text end

new text begin (18) establish and elect an executive committee; and
new text end

new text begin (19) perform other functions as may be necessary or appropriate to achieve the purposes
of this compact consistent with the state regulation of audiology and speech-language
pathology licensure and practice.
new text end

new text begin (D) The Executive Committee:
new text end

new text begin The executive committee shall have the power to act on behalf of the commission
according to the terms of this compact. The executive committee shall be composed of ten
members:
new text end

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

new text begin (2) two ex officios, consisting of one nonvoting member from a recognized national
audiology professional association and one nonvoting member from a recognized national
speech-language pathology association; and
new text end

new text begin (3) one ex officio, nonvoting member from the recognized membership organization of
the audiology and speech-language pathology licensing boards.
new text end

new text begin (E) The ex officio members shall be selected by their respective organizations.
new text end

new text begin (1) The commission may remove any member of the executive committee as provided
in bylaws.
new text end

new text begin (2) The executive committee shall meet at least annually.
new text end

new text begin (3) The executive committee shall have the following duties and responsibilities:
new text end

new text begin (i) recommend to the entire commission changes to the rules or bylaws, changes to this
compact legislation, fees paid by compact member states such as annual dues, and any
commission compact fee charged to licensees for the compact privilege;
new text end

new text begin (ii) ensure compact administration services are appropriately provided, contractual or
otherwise;
new text end

new text begin (iii) prepare and recommend the budget;
new text end

new text begin (iv) maintain financial records on behalf of the commission;
new text end

new text begin (v) monitor compact compliance of member states and provide compliance reports to
the commission;
new text end

new text begin (vi) establish additional committees as necessary; and
new text end

new text begin (vii) other duties as provided in rules or bylaws.
new text end

new text begin (4) All meetings of the commission shall be open to the public and public notice of
meetings shall be given in the same manner as required under the rulemaking provisions in
Article IX.
new text end

new text begin (5) The commission or the executive committee or other committees of the commission
may convene in a closed, nonpublic meeting if the commission or executive committee or
other committees of the commission must discuss:
new text end

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

new text begin (ii) the employment, compensation, discipline, or other matters, practices, or procedures
related to specific employees or other matters related to the commission's internal personnel
practices and procedures;
new text end

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

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

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

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

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

new text begin (viii) disclosure of investigative records compiled for law enforcement purposes;
new text end

new text begin (ix) disclosure of 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; or
new text end

new text begin (x) matters specifically exempted from disclosure by federal or member state statute.
new text end

new text begin (6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the
commission's legal counsel or designee shall certify that the meeting may be closed and
shall reference each relevant exempting provision.
new text end

new text begin (7) The commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions taken, and
the reasons therefore, including a description of the views expressed. All documents
considered in connection with an action shall be identified in minutes. All minutes and
documents of a closed meeting shall remain under seal, subject to release by a majority vote
of the commission or order of a court of competent jurisdiction.
new text end

new text begin (8) Financing of the Commission:
new text end

new text begin (i) 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 (ii) The commission may accept any and all appropriate revenue sources, donations, and
grants of money, equipment, supplies, materials, and services.
new text end

new text begin (iii) The commission may levy on and collect an annual assessment from each member
state or impose fees on other parties to cover the cost of the operations and activities of the
commission and its staff, which must be in a total amount sufficient to cover its annual
budget as approved each year for which revenue is not provided by other sources. The
aggregate annual assessment amount shall be allocated based upon a formula to be determined
by the commission, which shall promulgate a rule binding upon all member states.
new text end

new text begin (9) The commission shall not incur obligations of any kind prior to securing the funds
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 (10) The commission shall keep accurate accounts of all receipts and disbursements.
The receipts and disbursements of the commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and disbursements of funds
handled by the commission shall be audited yearly by a certified or licensed public
accountant, and the report of the audit shall be included in and become part of the annual
report of the commission.
new text end

new text begin (F) Qualified Immunity, Defense, and Indemnification:
new text end

new text begin (1) The members, officers, executive director, employees, and representatives of the
commission shall be immune from suit and liability, either personally or 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 person from suit or liability
for any damage, loss, injury, or liability caused by the intentional or willful or wanton
misconduct of that person.
new text end

new text begin (2) The commission shall defend any member, officer, executive director, employee, or
representative 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 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 his or her own counsel; 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 (3) The commission shall indemnify and hold harmless any member, officer, executive
director, employee, or representative 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 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 (G) Notwithstanding paragraph (F), clause (1), the liability of the executive director,
employees, or representatives of the interstate commission, acting within the scope of their
employment or duties, may not exceed the limits of liability set forth under the constitution
and laws of this state for state officials, employees, and agents. This paragraph expressly
incorporates section 3.736, and neither expands nor limits the rights and remedies provided
under that statute.
new text end

new text begin (H) Except for a claim alleging a violation of this compact, a claim against the
commission, its executive director, employees, or representatives alleging a violation of the
constitution and laws of this state may be brought in any county where the plaintiff resides.
Nothing in this paragraph creates a private right of action.
new text end

new text begin (I) Nothing in this compact 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 ARTICLE VIII
new text end

new text begin DATA SYSTEM
new text end

new text begin (A) The commission shall provide for the development, maintenance, and utilization of
a coordinated database and reporting system containing licensure, adverse action, and
investigative information on all licensed individuals in member states.
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 on all individuals to whom this compact
is applicable as required by the rules of the commission, including:
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 license or compact privilege;
new text end

new text begin (4) nonconfidential information related to alternative program participation;
new text end

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

new text begin (6) other information that may facilitate the administration of this compact, as determined
by the rules of the commission.
new text end

new text begin (C) Investigative information pertaining to a licensee in any member state shall only be
available to other member states.
new text end

new text begin (D) The commission shall promptly notify all member states of any adverse action taken
against a licensee or an individual applying for a license. Adverse action information
pertaining to a licensee in any member state shall be available to any other member state.
new text end

new text begin (E) 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 (F) Any information submitted to the data system that is subsequently required to be
expunged by the laws of the member state contributing the information shall be removed
from the data system.
new text end

new text begin ARTICLE IX
new text end

new text begin RULEMAKING
new text end

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

new text begin (B) If a majority of the legislatures of the member states rejects 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, the rule shall have no further force and effect in any member
state.
new text end

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

new text begin (D) Prior to promulgation and adoption of a final rule or rules by the commission, and
at least 30 days in advance of the meeting at which the rule shall be considered and voted
upon, the commission shall file a notice of proposed rulemaking:
new text end

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

new text begin (2) on the website of each member state audiology or speech-language pathology licensing
board or other publicly accessible platform or the publication in which each state would
otherwise publish proposed rules.
new text end

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

new text begin (1) the proposed time, date, and location of the meeting in which the rule shall be
considered and voted upon;
new text end

new text begin (2) the text of the proposed rule or amendment and the reason for the proposed rule;
new text end

new text begin (3) a request for comments on the proposed rule from any interested person; and
new text end

new text begin (4) the manner in which interested persons may submit notice to the commission of their
intention to attend the public hearing and any written comments.
new text end

new text begin (F) Prior to the adoption of a proposed rule, the commission shall allow persons to submit
written data, facts, opinions, and arguments, which shall be made available to the public.
new text end

new text begin (G) The commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment if a hearing is requested by:
new text end

new text begin (1) at least 25 persons;
new text end

new text begin (2) a state or federal governmental subdivision or agency; or
new text end

new text begin (3) an association having at least 25 members.
new text end

new text begin (H) If a hearing is held on the proposed rule or amendment, the commission shall publish
the place, time, and date of the scheduled public hearing. If the hearing is held via electronic
means, the commission shall publish the mechanism for access to the electronic hearing.
new text end

new text begin (1) All persons wishing to be heard at the hearing shall notify the executive director of
the commission or other designated member in writing of their desire to appear and testify
at the hearing not less than five business days before the scheduled date of the hearing.
new text end

new text begin (2) Hearings shall be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing.
new text end

new text begin (3) All hearings shall be recorded. A copy of the recording shall be made available on
request.
new text end

new text begin (4) Nothing in this Article 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 Article.
new text end

new text begin (I) Following the scheduled hearing date, or by the close of business on the scheduled
hearing date if the hearing was not held, the commission shall consider all written and oral
comments received.
new text end

new text begin (J) If no written notice of intent to attend the public hearing by interested parties is
received, the commission may proceed with promulgation of the proposed rule without a
public hearing.
new text end

new text begin (K) The commission shall, by majority vote of all members, take final action on the
proposed rule and shall determine the effective date of the rule, if any, based on the
rulemaking record and the full text of the rule.
new text end

new text begin (L) Upon determination that an emergency exists, the commission may consider and
adopt an emergency rule without prior notice, opportunity for comment, or hearing; provided
that the usual rulemaking procedures provided in the compact and in this Article 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 provision, 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; or
new text end

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

new text begin (M) The commission or an authorized committee of the commission may direct revisions
to a previously adopted rule or amendment 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 chair of the commission prior to the end of the notice period.
If no challenge is made, the revision shall 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 ARTICLE X
new text end

new text begin OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
new text end

new text begin (A) Dispute Resolution:
new text end

new text begin (1) 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 (2) The commission shall promulgate a rule providing for both mediation and binding
dispute resolution for such disputes as appropriate.
new text end

new text begin (B) Enforcement:
new text end

new text begin (1) The commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact.
new text end

new text begin (2) By majority vote, the commission may initiate legal action in the United States
District Court for the District of Columbia or the federal district where the commission has
its principal offices against a member state in default to enforce compliance with the
provisions of the compact and its promulgated rules and bylaws. The relief sought may
include both injunctive relief and damages. In the event judicial enforcement is necessary,
the prevailing member shall be awarded all costs of litigation, including reasonable attorney's
fees.
new text end

new text begin (3) The remedies herein shall not be the exclusive remedies of the commission. The
commission may pursue any other remedies available under federal or state law.
new text end

new text begin ARTICLE XI
new text end

new text begin DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR
AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE AND
ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
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 tenth member state. The provisions, which become effective at that
time, shall be limited to the powers granted to the commission relating to assembly and the
promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking
powers necessary to the implementation and administration of the compact.
new text end

new text begin (B) Any state that joins the compact subsequent to the commission's initial adoption of
the rules shall be subject to the rules 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 day the compact becomes law in that state.
new text end

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

new text begin (1) A member state's withdrawal shall not take effect until six months after enactment
of the repealing statute.
new text end

new text begin (2) Withdrawal shall not affect the continuing requirement of the withdrawing state's
audiology or speech-language pathology licensing board 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) Nothing contained in this compact shall be construed to invalidate or prevent any
audiology or speech-language pathology 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 (E) 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

new text begin ARTICLE XII
new text end

new text begin CONSTRUCTION AND SEVERABILITY
new text end

new text begin This compact shall be liberally construed so as to effectuate the purposes thereof. The
provisions of this compact shall be severable and if any phrase, clause, sentence, or provision
of this compact is declared to be contrary to the constitution of any member state or of the
United States or the applicability thereof to any government, agency, person, or circumstance
is held invalid, the validity of the remainder of this compact and the applicability thereof
to any government, agency, person, or circumstance shall not be affected thereby. If this
compact shall be held 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

new text begin ARTICLE XIII
new text end

new text begin BINDING EFFECT OF COMPACT AND OTHER LAWS
new text end

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

new text begin (B) All laws in a member state in conflict with the compact are superseded to the extent
of the conflict.
new text end

new text begin (C) All lawful actions of the commission, including all rules and bylaws promulgated
by the commission, are binding upon the member states.
new text end

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

new text begin (E) In the event any provision of the compact exceeds the constitutional limits imposed
on the legislature of any member state, the provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that member state.
new text end

Sec. 2.

new text begin [148.5186] APPLICATION OF AUDIOLOGY AND SPEECH-LANGUAGE
PATHOLOGY INTERSTATE COMPACT TO EXISTING LAWS.
new text end

new text begin Subdivision 1. new text end

new text begin Rulemaking. new text end

new text begin Rules developed by the Audiology and Speech-Language
Pathology Compact Commission under section 148.5185 are not subject to sections 14.05
to 14.389.
new text end

new text begin Subd. 2. new text end

new text begin Background studies. new text end

new text begin The commissioner of health is authorized to require an
audiologist or speech-language pathologist licensed in Minnesota as the home state to submit
to a criminal history background check under section 144.0572.
new text end

ARTICLE 6

DENTIST AND DENTAL HYGIENISTS

Section 1.

new text begin [150A.051] DENTIST AND DENTAL HYGIENIST COMPACT.
new text end

new text begin The dentist and dental hygienist compact is enacted into law and entered into with all
other jurisdictions legally joining in the compact in the form substantially specified in this
section.
new text end

new text begin ARTICLE I
new text end

new text begin TITLE
new text end

new text begin This statute shall be known and cited as the dentist and dental hygienist compact.
new text end

new text begin ARTICLE II
new text end

new text begin DEFINITIONS
new text end

new text begin As used in this compact, unless the context requires otherwise, the following definitions
shall apply:
new text end

new text begin (A) "Active military member" means any person with 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 (B) "Adverse action" means disciplinary action or encumbrance imposed on a license
or compact privilege by a state licensing authority.
new text end

new text begin (C) "Alternative program" means a nondisciplinary monitoring or practice remediation
process applicable to a dentist or dental hygienist approved by a state licensing authority
of a participating state in which the dentist or dental hygienist is licensed. 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 (D) "Clinical assessment" means examination or process, required for licensure as a
dentist or dental hygienist as applicable, that provides evidence of clinical competence in
dentistry or dental hygiene.
new text end

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

new text begin (F) "Compact" means this dentist and dental hygienist compact.
new text end

new text begin (G) "Compact privilege" means the authorization granted by a remote state to allow a
licensee from a participating state to practice as a dentist or dental hygienist in a remote
state.
new text end

new text begin (H) "Continuing professional development" means a requirement as a condition of license
renewal to provide evidence of successful participation in educational or professional
activities relevant to practice or area of work.
new text end

new text begin (I) "Criminal background check" means the submission of fingerprints or other
biometric-based information for a license applicant for the purpose of obtaining that
applicant's criminal history record information, as defined in Code of Federal Regulations,
title 28, section 20.3(d), from the Federal Bureau of Investigation and the state's criminal
history record repository as defined in Code of Federal Regulations, title 28, section 20.3(f).
new text end

new text begin (J) "Data system" means the commission's repository of information about licensees,
including but not limited to examination, licensure, investigative, compact privilege, adverse
action, and alternative program.
new text end

new text begin (K) "Dental hygienist" means an individual who is licensed by a state licensing authority
to practice dental hygiene.
new text end

new text begin (L) "Dentist" means an individual who is licensed by a state licensing authority to practice
dentistry.
new text end

new text begin (M) "Dentist and dental hygienist compact commission" or "commission" means a joint
government agency established by this compact comprised of each state that has enacted
the compact and a national administrative body comprised of a commissioner from each
state that has enacted the compact.
new text end

new text begin (N) "Encumbered license" means a license that a state licensing authority has limited in
any way other than through an alternative program.
new text end

new text begin (O) "Executive board" means the chair, vice chair, secretary, and treasurer and any other
commissioners as may be determined by commission rule or bylaw.
new text end

new text begin (P) "Jurisprudence requirement" means the assessment of an individual's knowledge of
the laws and rules governing the practice of dentistry or dental hygiene, as applicable, in a
state.
new text end

new text begin (Q) "License" means current authorization by a state, other than authorization pursuant
to a compact privilege, or other privilege, for an individual to practice as a dentist or dental
hygienist in that state.
new text end

new text begin (R) "Licensee" means an individual who holds an unrestricted license from a participating
state to practice as a dentist or dental hygienist in that state.
new text end

new text begin (S) "Model compact" means the model for the dentist and dental hygienist compact on
file with the council of state governments or other entity as designated by the commission.
new text end

new text begin (T) "Participating 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 (U) "Qualifying license" means a license that is not an encumbered license issued by a
participating state to practice dentistry or dental hygiene.
new text end

new text begin (V) "Remote state" means a participating state where a licensee who is not licensed as
a dentist or dental hygienist is exercising or seeking to exercise the compact privilege.
new text end

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

new text begin (X) "Scope of practice" means the procedures, actions, and processes a dentist or dental
hygienist licensed in a state is permitted to undertake in that state and the circumstances
under which the licensee 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 licensing authority or other
government agency.
new text end

new text begin (Y) "Significant investigative information" means information, records, and documents
received or generated by a state 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 licensing authority could pursue adverse action against the licensee.
new text end

new text begin (Z) "State" means any state, commonwealth, district, or territory of the United States of
America that regulates the practices of dentistry and dental hygiene.
new text end

new text begin (AA) "State licensing authority" means an agency or other entity of a state that is
responsible for the licensing and regulation of dentists or dental hygienists.
new text end

new text begin ARTICLE III
new text end

new text begin STATE PARTICIPATION IN THE COMPACT
new text end

new text begin (A) In order to join the compact and thereafter continue as a participating state, a state
must:
new text end

new text begin (1) enact a compact that is not materially different from the model compact as determined
in accordance with commission rules;
new text end

new text begin (2) participate fully in the commission's data system;
new text end

new text begin (3) have a mechanism in place for receiving and investigating complaints about its
licensees and license applicants;
new text end

new text begin (4) notify the commission, in compliance with the terms of the compact and commission
rules, of any adverse action or the availability of significant investigative information
regarding a licensee and license applicant;
new text end

new text begin (5) fully implement a criminal background check requirement, within a time frame
established by commission rule, by receiving the results of a qualifying criminal background
check;
new text end

new text begin (6) comply with the commission rules applicable to a participating state;
new text end

new text begin (7) accept the national board examinations of the joint commission on national dental
examinations or another examination accepted by commission rule as a licensure
examination;
new text end

new text begin (8) accept for licensure that applicants for a dentist license graduate from a predoctoral
dental education program accredited by the Commission on Dental Accreditation, or another
accrediting agency recognized by the United States Department of Education for the
accreditation of dentistry and dental hygiene education programs, leading to the Doctor of
Dental Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree;
new text end

new text begin (9) accept for licensure that applicants for a dental hygienist license graduate from a
dental hygiene education program accredited by the Commission on Dental Accreditation
or another accrediting agency recognized by the United States Department of Education for
the accreditation of dentistry and dental hygiene education programs;
new text end

new text begin (10) require for licensure that applicants successfully complete a clinical assessment;
new text end

new text begin (11) have continuing professional development requirements as a condition for license
renewal; and
new text end

new text begin (12) pay a participation fee to the commission as established by commission rule.
new text end

new text begin (B) Providing alternative pathways for an individual to obtain an unrestricted license
does not disqualify a state from participating in the compact.
new text end

new text begin (C) When conducting a criminal background check, the state licensing authority shall:
new text end

new text begin (1) consider that information in making a licensure decision;
new text end

new text begin (2) maintain documentation of completion of the criminal background check and
background check information to the extent allowed by state and federal law; and
new text end

new text begin (3) report to the commission whether it has completed the criminal background check
and whether the individual was granted or denied a license.
new text end

new text begin (D) A licensee of a participating state who has a qualifying license in that state and does
not hold an encumbered license in any other participating state, shall be issued a compact
privilege in a remote state in accordance with the terms of the compact and commission
rules. If a remote state has a jurisprudence requirement a compact privilege will not be
issued to the licensee unless the licensee has satisfied the jurisprudence requirement.
new text end

new text begin ARTICLE IV
new text end

new text begin COMPACT PRIVILEGE
new text end

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

new text begin (1) have a qualifying license as a dentist or dental hygienist in a participating state;
new text end

new text begin (2) be eligible for a compact privilege in any remote state in accordance with (D), (G),
and (H) of this article;
new text end

new text begin (3) submit to an application process whenever the licensee is seeking a compact privilege;
new text end

new text begin (4) pay any applicable commission and remote state fees for a compact privilege in the
remote state;
new text end

new text begin (5) meet any jurisprudence requirement established by a remote state in which the licensee
is seeking a compact privilege;
new text end

new text begin (6) have passed a National Board Examination of the Joint Commission on National
Dental Examinations or another examination accepted by commission rule;
new text end

new text begin (7) for a dentist, have graduated from a predoctoral dental education program accredited
by the Commission on Dental Accreditation, or another accrediting agency recognized by
the United States Department of Education for the accreditation of dentistry and dental
hygiene education programs, leading to the Doctor of Dental Surgery (D.D.S.) or Doctor
of Dental Medicine (D.M.D.) degree;
new text end

new text begin (8) for a dental hygienist, have graduated from a dental hygiene education program
accredited by the Commission on Dental Accreditation or another accrediting agency
recognized by the United States Department of Education for the accreditation of dentistry
and dental hygiene education programs;
new text end

new text begin (9) have successfully completed a clinical assessment for licensure;
new text end

new text begin (10) report to the commission adverse action taken by any nonparticipating state when
applying for a compact privilege and, otherwise, within 30 days from the date the adverse
action is taken;
new text end

new text begin (11) report to the commission when applying for a compact privilege the address of the
licensee's primary residence and thereafter immediately report to the commission any change
in the address of the licensee's primary residence; and
new text end

new text begin (12) consent to accept service of process by mail at the licensee's primary residence on
record with the commission with respect to any action brought against the licensee by the
commission or a participating state, and consent to accept service of a subpoena by mail at
the licensee's primary residence on record with the commission with respect to any action
brought or investigation conducted by the commission or a participating state.
new text end

new text begin (B) The licensee must comply with the requirements of (A) of this article to maintain
the compact privilege in the remote state. If those requirements are met, the compact privilege
will continue as long as the licensee maintains a qualifying license in the state through which
the licensee applied for the compact privilege and pays any applicable compact privilege
renewal fees.
new text end

new text begin (C) A licensee providing dentistry or dental hygiene in a remote state under the compact
privilege shall function within the scope of practice authorized by the remote state for a
dentist or dental hygienist licensed in that state.
new text end

new text begin (D) A licensee providing dentistry or dental hygiene pursuant to a compact privilege in
a remote state is subject to that state's regulatory authority. A remote state may, in accordance
with due process and that state's laws, by adverse action revoke or remove a licensee's
compact privilege in the remote state for a specific period of time and impose fines or take
any other necessary actions to protect the health and safety of its citizens. If a remote state
imposes an adverse action against a compact privilege that limits the compact privilege,
that adverse action applies to all compact privileges in all remote states. A licensee whose
compact privilege in a remote state is removed for a specified period of time is not eligible
for a compact privilege in any other remote state until the specific time for removal of the
compact privilege has passed and all encumbrance requirements are satisfied.
new text end

new text begin (E) If a license in a participating state is an encumbered license, the licensee shall lose
the compact privilege in a remote state and shall not be eligible for a compact privilege in
any remote state until the license is no longer encumbered.
new text end

new text begin (F) Once an encumbered license in a participating state is restored to good standing, the
licensee must meet the requirements of (A) of this article to obtain a compact privilege in
a remote state.
new text end

new text begin (G) 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 any remote state until
the following occur:
new text end

new text begin (1) the specific period of time for which the compact privilege was removed has ended;
and
new text end

new text begin (2) all conditions for removal of the compact privilege have been satisfied.
new text end

new text begin (H) Once the requirements of (G) of this article have been met, the licensee must meet
the requirements in (A) of this article to obtain a compact privilege in a remote state.
new text end

new text begin ARTICLE V
new text end

new text begin ACTIVE MILITARY MEMBER OR THEIR SPOUSES
new text end

new text begin An active military member and their spouse shall not be required to pay to the commission
for a compact privilege the fee otherwise 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

new text begin ARTICLE VI
new text end

new text begin ADVERSE ACTIONS
new text end

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

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

new text begin (C) Nothing in this compact shall override a participating 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 participating state's laws. Participating states must
require licensees who enter any alternative program in lieu of discipline to agree not to
practice pursuant to a compact privilege in any other participating state during the term of
the alternative program without prior authorization from such other participating state.
new text end

new text begin (D) Any participating state in which a licensee is applying to practice or is practicing
pursuant to a compact privilege may investigate actual or alleged violations of the statutes
and regulations authorizing the practice of dentistry or dental hygiene in any other
participating state in which the dentist or dental hygienist holds a license or compact
privilege.
new text end

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

new text begin (1) take adverse actions as set forth in article IV, (D), against a licensee's compact
privilege in the state;
new text end

new text begin (2) in furtherance of its rights and responsibilities under the compact and the commission's
rules issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses, and the production of evidence. Subpoenas issued by a state licensing
authority in a participating state for the attendance and testimony of witnesses, or the
production of evidence from another participating state, shall be enforced in the latter state
by any court of competent jurisdiction, according to the practice and procedure of that court
applicable to subpoenas issued in 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) if otherwise permitted 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 (F) Joint Investigations:
new text end

new text begin (1) In addition to the authority granted to a participating state by its dentist or dental
hygienist licensure act or other applicable state law, a participating state may jointly
investigate licensees with other participating states.
new text end

new text begin (2) Participating states shall share any significant investigative information, litigation,
or compliance materials in furtherance of any joint or individual investigation initiated under
the compact.
new text end

new text begin (G) Authority to Continue Investigation:
new text end

new text begin (1) After a licensee's compact privilege in a remote state is terminated, the remote state
may continue an investigation of the licensee that began when the licensee had a compact
privilege in that remote state.
new text end

new text begin (2) If the investigation yields what would be significant investigative information had
the licensee continued to have a compact privilege in that remote state, the remote state
shall report the presence of such information to the data system as required by article VIII,
(B), (6), as if it was significant investigative information.
new text end

new text begin ARTICLE VII
new text end

new text begin ESTABLISHMENT AND OPERATION OF THE COMMISSION
new text end

new text begin (A) The compact participating states hereby create and establish a joint government
agency whose membership consists of all participating states that have enacted the compact.
The commission is an instrumentality of the participating 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 article XI, (A).
new text end

new text begin (B) Participation, Voting, and Meetings:
new text end

new text begin (1) Each participating state shall have and be limited to one commissioner selected by
that participating state's state licensing authority or, if the state has more than one state
licensing authority, selected collectively by the state licensing authorities.
new text end

new text begin (2) The commissioner shall be a member or designee of such authority or authorities.
new text end

new text begin (3) The commission may 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 (4) The commission may recommend to a state licensing authority or authorities, as
applicable, removal or suspension of an individual as the state's commissioner.
new text end

new text begin (5) A participating state's state licensing authority or authorities, as applicable, shall fill
any vacancy of its commissioner on the commission within 60 days of the vacancy.
new text end

new text begin (6) Each commissioner shall be entitled to one vote on all matters that are voted upon
by the commission.
new text end

new text begin (7) The commission shall meet at least once during each calendar year. Additional
meetings may be held as set forth in the bylaws. The commission may meet by
telecommunication, video conference, or other similar electronic means.
new text end

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

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

new text begin (2) establish a code of conduct and conflict of interest policies;
new text end

new text begin (3) adopt rules and bylaws;
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 conclude legal proceedings or actions in the name of the commission,
provided that the standing of any state 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 participating state as the
authenticated business records of the commission, and designate a person 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) borrow, accept, or contract for services of personnel, including but not limited to
employees of a participating 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) as set forth in the commission rules, charge a fee to a licensee for the grant of a
compact privilege in a remote state and thereafter, as may be established by commission
rule, charge the licensee a compact privilege renewal fee for each renewal period in which
that licensee exercises or intends to exercise the compact privilege in that remote state.
Nothing herein shall be construed to prevent a remote state from charging a licensee a fee
for a compact privilege or renewals of a compact privilege, or a fee for the jurisprudence
requirement if the remote state imposes such a requirement for the grant of a compact
privilege;
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 the commission shall avoid any appearance of impropriety
and 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;
new text end

new text begin (18) appoint committees, including standing committees, which may be composed of
members, 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) elect a chair, vice chair, secretary, and treasurer and such other officers of the
commission as provided in the commission's bylaws;
new text end

new text begin (21) establish and elect an executive board;
new text end

new text begin (22) adopt and provide to the participating states an annual report;
new text end

new text begin (23) determine whether a state's enacted compact 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 (24) perform such other functions as may be necessary or appropriate to achieve the
purposes of this compact.
new text end

new text begin (D) Meetings of the Commission:
new text end

new text begin (1) All meetings of the commission that are not closed pursuant to (D)(4) of this article
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 (2) Notwithstanding (D)(1) of this article, 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 article IX, (L). 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 (3) 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 through such means.
new text end

new text begin (4) The commission may convene in a closed, nonpublic meeting for the commission
to receive legal advice or to discuss:
new text end

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

new text begin (ii) the employment, compensation, discipline, or other matters, practices, or procedures
related to specific employees or other matters related to the commission's internal personnel
practices and procedures;
new text end

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

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

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

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

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

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

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

new text begin (x) 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 (xi) legal advice;
new text end

new text begin (xii) matters specifically exempted from disclosure to the public by federal or participating
state law; and
new text end

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

new text begin (5) 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 (6) The commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions taken, and
the reasons therefore, including a description of the views expressed. 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 (E) Financing of the Commission:
new text end

new text begin (1) 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 (2) The commission may accept any and all appropriate sources of revenue, donations,
and grants of money, equipment, supplies, materials, and services.
new text end

new text begin (3) The commission may levy on and collect an annual assessment from each participating
state and impose fees on licensees of participating states when a compact privilege is granted
to cover the cost of the operations and activities of the commission and its staff, which must
be in a total amount sufficient to cover its annual budget as approved each fiscal year for
which sufficient revenue is not provided by other sources. The aggregate annual assessment
amount for participating states shall be allocated based upon a formula that the commission
shall promulgate by rule.
new text end

new text begin (4) The commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the commission pledge the credit of any participating
state, except by and with the authority of the participating state.
new text end

new text begin (5) 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 the commission's bylaws. 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 (F) The Executive Board:
new text end

new text begin (1) The executive board 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 board
shall include:
new text end

new text begin (i) overseeing the day-to-day activities of the administration of the compact including
compliance with the provisions of the compact and the commission's rules and bylaws;
new text end

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

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

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

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

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

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

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

new text begin (2) The executive board shall be composed of up to seven members:
new text end

new text begin (i) the chair, vice chair, secretary, and treasurer of the commission and any other members
of the commission who serve on the executive board shall be voting members of the executive
board; and
new text end

new text begin (ii) other than the chair, vice chair, secretary, and treasurer, the commission may elect
up to three voting members from the current membership of the commission.
new text end

new text begin (3) The commission may remove any member of the executive board as provided in the
commission's bylaws.
new text end

new text begin (4) The executive board shall meet at least annually.
new text end

new text begin (i) An executive board meeting at which it takes or intends to take formal action on a
matter shall be open to the public, except that the executive board may meet in a closed,
nonpublic session of a public meeting when dealing with any of the matters covered under
(D)(4) of this article.
new text end

new text begin (ii) The executive board shall give five business days' notice of its public meetings,
posted on its website and as it may otherwise determine to provide notice to persons with
an interest in the public matters the executive board intends to address at those meetings.
new text end

new text begin (5) The executive board may hold an emergency meeting when acting for the commission
to:
new text end

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

new text begin (ii) prevent a loss of commission or participating state funds; or
new text end

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

new text begin (G) Qualified Immunity, Defense, and Indemnification:
new text end

new text begin (1) The members, officers, executive director, employees, and representatives 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 (2) The commission shall defend any member, officer, executive director, employee, or
representative 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 (3) Notwithstanding (G)(1) of this article, should any member, officer, executive director,
employee, or representative of the commission be held liable for the amount of any settlement
or judgment arising out of any actual or alleged act, error, or omission that occurred within
the scope of that individual's employment, duties, or responsibilities for the commission,
or that the person to whom that individual is liable had a reasonable basis for believing
occurred within the scope of the individual's employment, duties, or responsibilities for the
commission, the commission shall indemnify and hold harmless such individual; provided
that the actual or alleged act, error, or omission did not result from the intentional or willful
or wanton misconduct of the individual.
new text end

new text begin (4) 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 (5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a
participating 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 (6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by
the participating states or by the commission.
new text end

new text begin (H) Notwithstanding paragraph (G), clause (1), of this article, the liability of the executive
director, employees, or representatives of the interstate commission, acting within the scope
of their employment or duties, may not exceed the limits of liability set forth under the
constitution and laws of this state for state officials, employees, and agents. This paragraph
expressly incorporates section 3.736, and neither expands nor limits the rights and remedies
provided under that statute.
new text end

new text begin (I) Except for a claim alleging a violation of this compact, a claim against the commission,
its executive director, employees, or representatives alleging a violation of the constitution
and laws of this state may be brought in any county where the plaintiff resides. Nothing in
this paragraph creates a private right of action.
new text end

new text begin (J) Nothing in this compact 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 ARTICLE VIII
new text end

new text begin 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 on all licensees and
applicants for a license in participating states.
new text end

new text begin (B) Notwithstanding any other provision of state law to the contrary, a participating state
shall submit a uniform data set to the data system on all individuals to whom this compact
is applicable as required by the rules of the commission, including:
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 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;
new text end

new text begin (5) any denial of an application for licensure, and the reasons for such denial, excluding
the reporting of any criminal history record information where prohibited by law;
new text end

new text begin (6) the presence of 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) The records and information provided to a participating 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, quasi-judicial, or administrative
proceedings in a participating state.
new text end

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

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

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

new text begin ARTICLE IX
new text end

new text begin 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
commission 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) The rules of the commission shall have the force of law in each participating state,
provided that where the rules of the commission conflict with the laws of the participating
state that establish the participating state's scope of practice as held by a court of competent
jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the
conflict.
new text end

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

new text begin (D) If a majority of the legislatures of the participating states rejects a commission rule
or portion of a commission 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 participating state or to any state applying
to participate in the compact.
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 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 article shall be construed as requiring a separate hearing on each
commission rule. Rules may be grouped for the convenience of the commission at hearings
required by this article.
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.
new text end

new text begin (1) The commission may adopt changes to the proposed rule provided the changes do
not enlarge the original purpose of the proposed rule.
new text end

new text begin (2) 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.
new text end

new text begin (3) The commission shall determine a reasonable effective date for the rule. Except for
an emergency as provided in (L) of this article, the effective date of the rule shall be no
sooner than 30 days after the commission 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, with opportunity to comment, provided that
the usual rulemaking procedures provided in the compact and in this article 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 provision, 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 participating 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 participating state's rulemaking requirements shall apply under this compact.
new text end

new text begin ARTICLE X
new text end

new text begin OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
new text end

new text begin (A) Oversight:
new text end

new text begin (1) The executive and judicial branches of state government in each participating state
shall enforce this compact and take all actions necessary and appropriate to implement the
compact.
new text end

new text begin (2) Except as provided under article VII, paragraph (I), 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 (3) The commission shall be entitled to receive service of process in any proceeding
regarding the enforcement or interpretation of the compact or commission rule 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 the promulgated rules.
new text end

new text begin (B) Default, Technical Assistance, and Termination:
new text end

new text begin (1) If the commission determines that a participating 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 (2) The commission shall provide a copy of the notice of default to the other participating
states.
new text end

new text begin (C) 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, 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 (D) Termination of participation 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 state licensing authority or authorities,
as applicable, and each of the participating states' state licensing authority or authorities, as
applicable.
new text end

new text begin (E) 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.
new text end

new text begin (F) Upon the termination of a state's participation in this compact, that state shall
immediately provide notice to all licensees of the state, including licensees of other
participating states issued a compact privilege to practice within that state, of such
termination. The terminated state shall continue to recognize all compact privileges then in
effect in that state for a minimum of 180 days after the date of said notice of termination.
new text end

new text begin (G) 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 (H) 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 (I) Dispute Resolution:
new text end

new text begin (1) Upon request by a participating state, the commission shall attempt to resolve disputes
related to the compact that arise among participating states and between participating states
and nonparticipating states.
new text end

new text begin (2) The commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
new text end

new text begin (J) Enforcement:
new text end

new text begin (1) The commission, in the reasonable exercise of its discretion, shall enforce the
provisions of this compact and the commission's rules.
new text end

new text begin (2) By majority vote, the commission may initiate legal action against a participating
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. 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 participating state's
law.
new text end

new text begin (3) A participating 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 (4) No individual or entity other than a participating state may enforce this compact
against the commission.
new text end

new text begin ARTICLE XI
new text end

new text begin EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
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 participating state.
new text end

new text begin (1) On or after the effective date of the compact, the commission shall convene and
review the enactment of each of the states that enacted the compact prior to the commission
convening ("charter participating states") to determine if the statute enacted by each such
charter participating state is materially different than the model compact.
new text end

new text begin (i) A charter participating state whose enactment is found to be materially different from
the model compact shall be entitled to the default process set forth in article X.
new text end

new text begin (ii) If any participating 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 participating states should be less than seven.
new text end

new text begin (2) Participating states enacting the compact subsequent to the charter participating states
shall be subject to the process set forth in article VII, (C)(23), 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 (3) 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.
new text end

new text begin (4) Any state that joins the compact subsequent to the commission's initial adoption of
the rules and bylaws shall be subject to the commission's 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 day the compact
becomes law in that state.
new text end

new text begin (B) Any participating state may withdraw from this compact by enacting a statute
repealing that state's enactment of the compact.
new text end

new text begin (1) A participating state's withdrawal shall not take effect until 180 days after enactment
of the repealing statute.
new text end

new text begin (2) Withdrawal shall not affect the continuing requirement of the withdrawing state's
licensing authority or authorities 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 (3) Upon the enactment of a statute withdrawing from this compact, the state shall
immediately provide notice of such withdrawal to all licensees within that state.
Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing
state shall continue to recognize all compact privileges to practice within that state 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 (C) Nothing contained in this compact shall be construed to invalidate or prevent any
licensure agreement or other cooperative arrangement between a participating state and a
nonparticipating state that does not conflict with the provisions of this compact.
new text end

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

new text begin ARTICLE XII
new text end

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

new text begin ARTICLE XIII
new text end

new text begin 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
participating 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 participating state
in conflict with the compact are superseded to the extent of the conflict.
new text end

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

ARTICLE 7

SOCIAL WORKERS

Section 1.

new text begin [148E.40] TITLE.
new text end

new text begin Sections 148E.40 to 148E.55 shall be known and cited as the social work services
licensure compact.
new text end

Sec. 2.

new text begin [148E.41] DEFINITIONS.
new text end

new text begin As used in this Compact, and except as otherwise provided, the following definitions
shall apply:
new text end

new text begin (1) "Active military member" means any individual with full-time duty status in the
active armed forces of the United States, including members of the National Guard and
Reserve.
new text end

new text begin (2) "Adverse action" means any administrative, civil, equitable, or criminal action
permitted by a state's laws which is imposed by a licensing authority or other authority
against a regulated social worker, including actions against an individual's license or
multistate authorization to practice such as revocation, suspension, probation, monitoring
of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure
affecting a regulated social worker's authorization to practice, including issuance of a cease
and desist action.
new text end

new text begin (3) "Alternative program" means a nondisciplinary monitoring or practice remediation
process approved by a licensing authority to address practitioners with an impairment.
new text end

new text begin (4) "Charter member states" means member states who have enacted legislation to adopt
this Compact where such legislation predates the effective date of this Compact as described
in section 148E.53.
new text end

new text begin (5) "Compact" means sections 148E.40 to 148E.55.
new text end

new text begin (6) "Compact Commission" or "Commission" means the government agency whose
membership consists of all States that have enacted this Compact, which is known as the
Social Work Licensure Compact Commission, as described in section 148E.49, and which
shall operate as an instrumentality of the member states.
new text end

new text begin (7) "Current significant investigative information" means:
new text end

new text begin (i) investigative information that a licensing authority, after a preliminary inquiry that
includes notification and an opportunity for the regulated social worker to respond, has
reason to believe is not groundless and, if proved true, would indicate more than a minor
infraction as may be defined by the Commission; or
new text end

new text begin (ii) investigative information that indicates that the regulated social worker represents
an immediate threat to public health and safety, as may be defined by the Commission,
regardless of whether the regulated social worker has been notified and has had an
opportunity to respond.
new text end

new text begin (8) "Data system" means a repository of information about licensees, including continuing
education, examinations, licensure, current significant investigative information, disqualifying
events, multistate licenses, and adverse action information or other information as required
by the Commission.
new text end

new text begin (9) "Disqualifying event" means any adverse action or incident which results in an
encumbrance that disqualifies or makes the licensee ineligible to obtain, retain, or renew a
multistate license.
new text end

new text begin (10) "Domicile" means the jurisdiction in which the licensee resides and intends to
remain indefinitely.
new text end

new text begin (11) "Encumbrance" means a revocation or suspension of, or any limitation on, the full
and unrestricted practice of social work licensed and regulated by a licensing authority.
new text end

new text begin (12) "Executive Committee" means a group of delegates elected or appointed to act on
behalf of, and within the powers granted to them by, the Compact and Commission.
new text end

new text begin (13) "Home state" means the member state that is the licensee's primary domicile.
new text end

new text begin (14) "Impairment" means a condition that may impair a practitioner's ability to engage
in full and unrestricted practice as a regulated social worker without some type of intervention
and may include alcohol and drug dependence, mental health impairment, and neurological
or physical impairments.
new text end

new text begin (15) "Licensee" means an individual who currently holds a license from a state to practice
as a regulated social worker.
new text end

new text begin (16) "Licensing authority" means the board or agency of a member state, or equivalent,
that is responsible for the licensing and regulation of regulated social workers.
new text end

new text begin (17) "Member state" means a state, commonwealth, district, or territory of the United
States of America that has enacted this Compact.
new text end

new text begin (18) "Multistate authorization to practice" means a legally authorized privilege to practice,
which is equivalent to a license, associated with a multistate license permitting the practice
of social work in a remote state.
new text end

new text begin (19) "Multistate license" means a license to practice as a regulated social worker issued
by a home state licensing authority that authorizes the regulated social worker to practice
in all member states under multistate authorization to practice.
new text end

new text begin (20) "Qualifying national exam" means a national licensing examination approved by
the Commission.
new text end

new text begin (21) "Regulated social worker" means any clinical, master's, or bachelor's social worker
licensed by a member state regardless of the title used by that member state.
new text end

new text begin (22) "Remote state" means a member state other than the licensee's home state.
new text end

new text begin (23) "Rule" or "rule of the Commission" means a regulation or regulations duly
promulgated by the Commission, as authorized by the Compact, that has the force of law.
new text end

new text begin (24) "Single state license" means a social work license issued by any state that authorizes
practice only within the issuing state and does not include multistate authorization to practice
in any member state.
new text end

new text begin (25) "Social work" or "social work services" means the application of social work theory,
knowledge, methods, ethics, and the professional use of self to restore or enhance social,
psychosocial, or biopsychosocial functioning of individuals, couples, families, groups,
organizations, and communities through the care and services provided by a regulated social
worker as set forth in the member state's statutes and regulations in the state where the
services are being provided.
new text end

new text begin (26) "State" means any state, commonwealth, district, or territory of the United States
of America that regulates the practice of social work.
new text end

new text begin (27) "Unencumbered license" means a license that authorizes a regulated social worker
to engage in the full and unrestricted practice of social work.
new text end

Sec. 3.

new text begin [148E.42] STATE PARTICIPATION IN THE COMPACT.
new text end

new text begin (a) To be eligible to participate in the compact, a potential member state must currently
meet all of the following criteria:
new text end

new text begin (1) license and regulate the practice of social work at either the clinical, master's, or
bachelor's category;
new text end

new text begin (2) require applicants for licensure to graduate from a program that:
new text end

new text begin (i) is operated by a college or university recognized by the licensing authority;
new text end

new text begin (ii) is accredited, or in candidacy by an institution that subsequently becomes accredited,
by an accrediting agency recognized by either:
new text end

new text begin (A) the Council for Higher Education Accreditation, or its successor; or
new text end

new text begin (B) the United States Department of Education; and
new text end

new text begin (iii) corresponds to the licensure sought as outlined in section 148E.43;
new text end

new text begin (3) require applicants for clinical licensure to complete a period of supervised practice;
and
new text end

new text begin (4) have a mechanism in place for receiving, investigating, and adjudicating complaints
about licensees.
new text end

new text begin (b) To maintain membership in the Compact, a member state shall:
new text end

new text begin (1) require that applicants for a multistate license pass a qualifying national exam for
the corresponding category of multistate license sought as outlined in section 148E.43;
new text end

new text begin (2) participate fully in the Commission's data system, including using the Commission's
unique identifier as defined in rules;
new text end

new text begin (3) notify the Commission, in compliance with the terms of the Compact and rules, of
any adverse action or the availability of current significant investigative information regarding
a licensee;
new text end

new text begin (4) implement procedures for considering the criminal history records of applicants for
a multistate license. Such procedures shall include the submission of fingerprints or other
biometric-based information by applicants for the purpose of obtaining an applicant's criminal
history record information from the Federal Bureau of Investigation and the agency
responsible for retaining that state's criminal records;
new text end

new text begin (5) comply with the rules of the Commission;
new text end

new text begin (6) require an applicant to obtain or retain a license in the home state and meet the home
state's qualifications for licensure or renewal of licensure, as well as all other applicable
home state laws;
new text end

new text begin (7) authorize a licensee holding a multistate license in any member state to practice in
accordance with the terms of the Compact and rules of the Commission; and
new text end

new text begin (8) designate a delegate to participate in the Commission meetings.
new text end

new text begin (c) A member state meeting the requirements of paragraphs (a) and (b) shall designate
the categories of social work licensure that are eligible for issuance of a multistate license
for applicants in such member state. To the extent that any member state does not meet the
requirements for participation in the Compact at any particular category of social work
licensure, such member state may choose but is not obligated to issue a multistate license
to applicants that otherwise meet the requirements of section 148E.43 for issuance of a
multistate license in such category or categories of licensure.
new text end

new text begin (d) The home state may charge a fee for granting the multistate license.
new text end

Sec. 4.

new text begin [148E.43] SOCIAL WORKER PARTICIPATION IN THE COMPACT.
new text end

new text begin (a) To be eligible for a multistate license under the terms and provisions of the Compact,
an applicant, regardless of category, must:
new text end

new text begin (1) hold or be eligible for an active, unencumbered license in the home state;
new text end

new text begin (2) pay any applicable fees, including any state fee, for the multistate license;
new text end

new text begin (3) submit, in connection with an application for a multistate license, fingerprints or
other biometric data for the purpose of obtaining criminal history record information from
the Federal Bureau of Investigation and the agency responsible for retaining that state's
criminal records;
new text end

new text begin (4) notify the home state of any adverse action, encumbrance, or restriction on any
professional license taken by any member state or nonmember state within 30 days from
the date the action is taken;
new text end

new text begin (5) meet any continuing competence requirements established by the home state; and
new text end

new text begin (6) abide by the laws, regulations, and applicable standards in the member state where
the client is located at the time care is rendered.
new text end

new text begin (b) An applicant for a clinical-category multistate license must meet all of the following
requirements:
new text end

new text begin (1) fulfill a competency requirement, which shall be satisfied by either:
new text end

new text begin (i) passage of a clinical-category qualifying national exam;
new text end

new text begin (ii) licensure of the applicant in their home state at the clinical category, beginning prior
to such time as a qualifying national exam was required by the home state and accompanied
by a period of continuous social work licensure thereafter, all of which may be further
governed by the rules of the Commission; or
new text end

new text begin (iii) the substantial equivalency of the foregoing competency requirements which the
Commission may determine by rule;
new text end

new text begin (2) attain at least a master's degree in social work from a program that is:
new text end

new text begin (i) operated by a college or university recognized by the licensing authority; and
new text end

new text begin (ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting
agency recognized by either:
new text end

new text begin (A) the Council for Higher Education Accreditation or its successor; or
new text end

new text begin (B) the United States Department of Education; and
new text end

new text begin (3) fulfill a practice requirement, which shall be satisfied by demonstrating completion
of:
new text end

new text begin (i) a period of postgraduate supervised clinical practice equal to a minimum of 3,000
hours;
new text end

new text begin (ii) a minimum of two years of full-time postgraduate supervised clinical practice; or
new text end

new text begin (iii) the substantial equivalency of the foregoing practice requirements which the
Commission may determine by rule.
new text end

new text begin (c) An applicant for a master's-category multistate license must meet all of the following
requirements:
new text end

new text begin (1) fulfill a competency requirement, which shall be satisfied by either:
new text end

new text begin (i) passage of a masters-category qualifying national exam;
new text end

new text begin (ii) licensure of the applicant in their home state at the master's category, beginning prior
to such time as a qualifying national exam was required by the home state at the master's
category and accompanied by a continuous period of social work licensure thereafter, all
of which may be further governed by the rules of the Commission; or
new text end

new text begin (iii) the substantial equivalency of the foregoing competency requirements which the
Commission may determine by rule; and
new text end

new text begin (2) attain at least a master's degree in social work from a program that is:
new text end

new text begin (i) operated by a college or university recognized by the licensing authority; and
new text end

new text begin (ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting
agency recognized by either:
new text end

new text begin (A) the Council for Higher Education Accreditation or its successor; or
new text end

new text begin (B) the United States Department of Education.
new text end

new text begin (d) An applicant for a bachelor's-category multistate license must meet all of the following
requirements:
new text end

new text begin (1) fulfill a competency requirement, which shall be satisfied by either:
new text end

new text begin (i) passage of a bachelor's-category qualifying national exam;
new text end

new text begin (ii) licensure of the applicant in their home state at the bachelor's category, beginning
prior to such time as a qualifying national exam was required by the home state and
accompanied by a period of continuous social work licensure thereafter, all of which may
be further governed by the rules of the Commission; or
new text end

new text begin (iii) the substantial equivalency of the foregoing competency requirements which the
Commission may determine by rule; and
new text end

new text begin (2) attain at least a bachelor's degree in social work from a program that is:
new text end

new text begin (i) operated by a college or university recognized by the licensing authority; and
new text end

new text begin (ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting
agency recognized by either:
new text end

new text begin (A) the Council for Higher Education Accreditation or its successor; or
new text end

new text begin (B) the United States Department of Education.
new text end

new text begin (e) The multistate license for a regulated social worker is subject to the renewal
requirements of the home state. The regulated social worker must maintain compliance with
the requirements of paragraph (a) to be eligible to renew a multistate license.
new text end

new text begin (f) The regulated social worker's services in a remote state are subject to that member
state's regulatory authority. A remote state may, in accordance with due process and that
member state's laws, remove a regulated social worker's multistate authorization to practice
in the remote state for a specific period of time, impose fines, and take any other necessary
actions to protect the health and safety of its citizens.
new text end

new text begin (g) If a multistate license is encumbered, the regulated social worker's multistate
authorization to practice shall be deactivated in all remote states until the multistate license
is no longer encumbered.
new text end

new text begin (h) If a multistate authorization to practice is encumbered in a remote state, the regulated
social worker's multistate authorization to practice may be deactivated in that state until the
multistate authorization to practice is no longer encumbered.
new text end

Sec. 5.

new text begin [148E.44] ISSUANCE OF A MULTISTATE LICENSE.
new text end

new text begin (a) Upon receipt of an application for multistate license, the home state licensing authority
shall determine the applicant's eligibility for a multistate license in accordance with section
148E.43.
new text end

new text begin (b) If such applicant is eligible pursuant to section 148E.43, the home state licensing
authority shall issue a multistate license that authorizes the applicant or regulated social
worker to practice in all member states under a multistate authorization to practice.
new text end

new text begin (c) Upon issuance of a multistate license, the home state licensing authority shall designate
whether the regulated social worker holds a multistate license in the bachelor's, master's,
or clinical category of social work.
new text end

new text begin (d) A multistate license issued by a home state to a resident in that state shall be
recognized by all Compact member states as authorizing social work practice under a
multistate authorization to practice corresponding to each category of licensure regulated
in each member state.
new text end

Sec. 6.

new text begin [148E.45] AUTHORITY OF INTERSTATE COMPACT COMMISSION
AND MEMBER STATE LICENSING AUTHORITIES.
new text end

new text begin (a) Nothing in this Compact, nor any rule 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 social work in that state, where those
laws, regulations, or other rules are not inconsistent with the provisions of this Compact.
new text end

new text begin (b) Nothing in this Compact shall affect the requirements established by a member state
for the issuance of a single state license.
new text end

new text begin (c) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit,
restrict, or in any way reduce the ability of a member state to take adverse action against a
licensee's single state license to practice social work in that state.
new text end

new text begin (d) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit,
restrict, or in any way reduce the ability of a remote state to take adverse action against a
licensee's multistate authorization to practice in that state.
new text end

new text begin (e) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit,
restrict, or in any way reduce the ability of a licensee's home state to take adverse action
against a licensee's multistate license based upon information provided by a remote state.
new text end

Sec. 7.

new text begin [148E.46] REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME
STATE.
new text end

new text begin (a) A licensee can hold a multistate license, issued by their home state, in only one
member state at any given time.
new text end

new text begin (b) If a licensee changes their home state by moving between two member states:
new text end

new text begin (1) The licensee shall immediately apply for the reissuance of their multistate license in
their new home state. The licensee shall pay all applicable fees and notify the prior home
state in accordance with the rules of the Commission.
new text end

new text begin (2) Upon receipt of an application to reissue a multistate license, the new home state
shall verify that the multistate license is active, unencumbered, and eligible for reissuance
under the terms of the Compact and the rules of the Commission. The multistate license
issued by the prior home state will be deactivated and all member states notified in
accordance with the applicable rules adopted by the Commission.
new text end

new text begin (3) Prior to the reissuance of the multistate license, the new home state shall conduct
procedures for considering the criminal history records of the licensee. Such procedures
shall include the submission of fingerprints or other biometric-based information by
applicants for the purpose of obtaining an applicant's criminal history record information
from the Federal Bureau of Investigation and the agency responsible for retaining that state's
criminal records.
new text end

new text begin (4) If required for initial licensure, the new home state may require completion of
jurisprudence requirements in the new home state.
new text end

new text begin (5) Notwithstanding any other provision of this Compact, if a licensee does not meet
the requirements set forth in this Compact for the reissuance of a multistate license by the
new home state, then the licensee shall be subject to the new home state requirements for
the issuance of a single state license in that state.
new text end

new text begin (c) If a licensee changes their primary state of residence by moving from a member state
to a nonmember state, or from a nonmember state to a member state, then the licensee shall
be subject to the state requirements for the issuance of a single state license in the new home
state.
new text end

new text begin (d) Nothing in this Compact shall interfere with a licensee's ability to hold a single state
license in multiple states; however, for the purposes of this Compact, a licensee shall have
only one home state, and only one multistate license.
new text end

new text begin (e) Nothing in this Compact shall interfere with the requirements established by a member
state for the issuance of a single state license.
new text end

Sec. 8.

new text begin [148E.47] MILITARY FAMILIES.
new text end

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

Sec. 9.

new text begin [148E.48] ADVERSE ACTIONS.
new text end

new text begin (a) In addition to the other powers conferred by state law, a remote state shall have the
authority, in accordance with existing state due process law, to:
new text end

new text begin (1) take adverse action against a regulated social worker's multistate authorization to
practice only within that member state, and issue subpoenas for both hearings and
investigations that require the attendance and testimony of witnesses as well as the production
of evidence. Subpoenas issued by a licensing authority in a member state for the attendance
and testimony of witnesses or the production of evidence from another member state shall
be enforced in the latter state by any court of competent jurisdiction, according to the practice
and procedure of that court applicable to subpoenas issued in proceedings pending before
it. The issuing licensing authority shall pay any witness fees, travel expenses, mileage, and
other fees required by the service statutes of the state in which the witnesses or evidence
are located; and
new text end

new text begin (2) only the home state shall have the power to take adverse action against a regulated
social worker's multistate license.
new text end

new text begin (b) For purposes of taking adverse action, the home state shall give the same priority
and effect to reported conduct received from a member state as it would if the conduct had
occurred within the home state. In so doing, the home state shall apply its own state laws
to determine appropriate action.
new text end

new text begin (c) The home state shall complete any pending investigations of a regulated social worker
who changes their home state during the course of the investigations. The home state shall
also have the authority to take appropriate action and shall promptly report the conclusions
of the investigations to the administrator of the data system. The administrator of the data
system shall promptly notify the new home state of any adverse actions.
new text end

new text begin (d) A member state, if otherwise permitted by state law, may recover from the affected
regulated social worker the costs of investigations and dispositions of cases resulting from
any adverse action taken against that regulated social worker.
new text end

new text begin (e) A member state may take adverse action based on the factual findings of another
member state, provided that the member state follows its own procedures for taking the
adverse action.
new text end

new text begin (f) Joint investigations:
new text end

new text begin (1) In addition to the authority granted to a member state by its respective social work
practice act or other applicable state law, any member state may participate with other
member states in joint investigations of licensees.
new text end

new text begin (2) Member states shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under the Compact.
new text end

new text begin (g) If adverse action is taken by the home state against the multistate license of a regulated
social worker, the regulated social worker's multistate authorization to practice in all other
member states shall be deactivated until all encumbrances have been removed from the
multistate license. All home state disciplinary orders that impose adverse action against the
license of a regulated social worker shall include a statement that the regulated social worker's
multistate authorization to practice is deactivated in all member states until all conditions
of the decision, order, or agreement are satisfied.
new text end

new text begin (h) If a member state takes adverse action, it shall promptly notify the administrator of
the data system. The administrator of the data system shall promptly notify the home state
and all other member states of any adverse actions by remote states.
new text end

new text begin (i) 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.
new text end

new text begin (j) Nothing in this Compact shall authorize a member state to demand the issuance of
subpoenas for attendance and testimony of witnesses or the production of evidence from
another member state for lawful actions within that member state.
new text end

new text begin (k) Nothing in this Compact shall authorize a member state to impose discipline against
a regulated social worker who holds a multistate authorization to practice for lawful actions
within another member state.
new text end

Sec. 10.

new text begin [148E.49] ESTABLISHMENT OF SOCIAL WORK LICENSURE
COMPACT COMMISSION.
new text end

new text begin (a) 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 Social Work Licensure Compact Commission. The Commission is an instrumentality
of the Compact 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 148E.53.
new text end

new text begin (b) Membership, voting, and meetings:
new text end

new text begin (1) Each member state shall have and be limited to one delegate selected by that member
state's state licensing authority.
new text end

new text begin (2) The delegate shall be either:
new text end

new text begin (i) a current member of the state licensing authority at the time of appointment, who is
a regulated social worker or public member of the state licensing authority; or
new text end

new text begin (ii) an administrator of the state licensing authority or their designee.
new text end

new text begin (3) The Commission shall by rule or bylaw establish a term of office for delegates and
may by rule or bylaw establish term limits.
new text end

new text begin (4) The Commission may recommend removal or suspension of any delegate from office.
new text end

new text begin (5) A member state's state licensing authority shall fill any vacancy of its delegate
occurring on the Commission within 60 days of the vacancy.
new text end

new text begin (6) Each delegate shall be entitled to one vote on all matters before the Commission
requiring a vote by Commission delegates.
new text end

new text begin (7) A delegate shall vote in person or by such other means as provided in the bylaws.
The bylaws may provide for delegates to meet by telecommunication, video conference, or
other means of communication.
new text end

new text begin (8) The Commission shall meet at least once during each calendar year. Additional
meetings may be held as set forth in the bylaws. The Commission may meet by
telecommunication, video conference, or other similar electronic means.
new text end

new text begin (c) The Commission shall have the following powers:
new text end

new text begin (1) establish the fiscal year of the Commission;
new text end

new text begin (2) establish code of conduct and conflict of interest policies;
new text end

new text begin (3) establish and amend rules and bylaws;
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 conclude legal proceedings or actions in the name of the Commission,
provided that the standing of any state licensing board 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) borrow, 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 the Commission shall avoid any appearance of
impropriety or 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;
new text end

new text begin (18) appoint committees, including standing committees, composed of members, 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 and a vice chair;
new text end

new text begin (21) 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 (22) perform such other functions as may be necessary or appropriate to achieve the
purposes of this Compact.
new text end

new text begin (d) The Executive Committee:
new text end

new text begin (1) 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 (i) oversee 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 (ii) recommend 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 (iii) ensure Compact administration services are appropriately provided, including by
contract;
new text end

new text begin (iv) prepare and recommend the budget;
new text end

new text begin (v) maintain financial records on behalf of the Commission;
new text end

new text begin (vi) monitor Compact compliance of member states and provide compliance reports to
the Commission;
new text end

new text begin (vii) establish additional committees as necessary;
new text end

new text begin (viii) exercise 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 (ix) other duties as provided in the rules or bylaws of the Commission.
new text end

new text begin (2) The Executive Committee shall be composed of up to 11 members:
new text end

new text begin (i) the chair and vice chair of the Commission shall be voting members of the Executive
Committee;
new text end

new text begin (ii) the Commission shall elect five voting members from the current membership of
the Commission;
new text end

new text begin (iii) up to four ex-officio, nonvoting members from four recognized national social work
organizations; and
new text end

new text begin (iv) the ex-officio members will be selected by their respective organizations.
new text end

new text begin (3) The Commission may remove any member of the Executive Committee as provided
in the Commission's bylaws.
new text end

new text begin (4) The Executive Committee shall meet at least annually.
new text end

new text begin (i) Executive Committee meetings shall be open to the public, except that the Executive
Committee may meet in a closed, nonpublic meeting as provided in paragraph (f), clause
(2).
new text end

new text begin (ii) The Executive Committee shall give seven days' 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.
new text end

new text begin (iii) The Executive Committee may hold a special meeting in accordance with paragraph
(f), clause (1), item (ii).
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 (f) Meetings of the Commission:
new text end

new text begin (1) All meetings shall be open to the public, except that the Commission may meet in a
closed, nonpublic meeting as provided in paragraph (f), clause (2).
new text end

new text begin (i) Public notice for all meetings of the full Commission of meetings shall be given in
the same manner as required under the rulemaking provisions in section 148E.51, except
that the Commission may hold a special meeting as provided in paragraph (f), clause (1),
item (ii).
new text end

new text begin (ii) The Commission may hold a special meeting when it must meet to conduct emergency
business by giving 48 hours' notice to all commissioners on the Commission's website and
other means as provided in the Commission's rules. The Commission's legal counsel shall
certify that the Commission's need to meet qualifies as an emergency.
new text end

new text begin (2) The Commission or the Executive Committee or other committees of the Commission
may convene in a closed, nonpublic meeting for the Commission or Executive Committee
or other committees of the Commission to receive legal advice or to discuss:
new text end

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

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

new text begin (iii) current or threatened discipline of a licensee by the Commission or by a member
state's licensing authority;
new text end

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

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

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

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

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

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

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

new text begin (xii) other matters as promulgated by the Commission by rule.
new text end

new text begin (3) 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 (4) The Commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions taken, and
the reasons therefore, including a description of the views expressed. 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 (g) Financing of the Commission:
new text end

new text begin (1) 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 (2) The Commission may accept any and all appropriate revenue sources as provided
in paragraph (c), clause (13).
new text end

new text begin (3) 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 multistate license
to cover the cost of the operations and activities of the Commission and its staff, which
must be in a total amount sufficient to cover its annual budget as approved each year for
which revenue is not provided by other sources. The aggregate annual assessment amount
for member states shall be allocated based upon a formula that the Commission shall
promulgate by rule.
new text end

new text begin (4) The Commission shall not incur obligations of any kind prior to securing the funds
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 (5) 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 (h) Qualified immunity, defense, and indemnification:
new text end

new text begin (1) The members, officers, executive director, employees, and representatives 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 (2) The Commission shall defend any member, officer, executive director, employee,
and representative 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 (3) The Commission shall indemnify and hold harmless any member, officer, executive
director, employee, and representative 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 (4) 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 (5) 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 (6) 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

new text begin (i) Notwithstanding paragraph (h), clause (1), the liability of the executive director,
employees, or representatives of the interstate commission, acting within the scope of their
employment or duties, may not exceed the limits of liability set forth under the constitution
and laws of this state for state officials, employees, and agents. This paragraph expressly
incorporates section 3.736, and neither expands nor limits the rights and remedies provided
under that statute.
new text end

new text begin (j) Except for a claim alleging a violation of this compact, a claim against the commission,
its executive director, employees, or representatives alleging a violation of the constitution
and laws of this state may be brought in any county where the plaintiff resides. Nothing in
this paragraph creates a private right of action.
new text end

Sec. 11.

new text begin [148E.50] DATA SYSTEM.
new text end

new text begin (a) The Commission shall provide for the development, maintenance, operation, and
utilization of a coordinated data system.
new text end

new text begin (b) The Commission shall assign each applicant for a multistate license a unique identifier,
as determined by the rules of the Commission.
new text end

new text begin (c) Notwithstanding any other provision of state law to the contrary, a member state
shall submit a uniform data set to the data system on all individuals to whom this Compact
is applicable as required by the rules of the Commission, including:
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 license 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 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 (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, quasi-judicial, or administrative
proceedings in a member state.
new text end

new text begin (e) Current 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. 12.

new text begin [148E.51] 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) The rules of the Commission shall have the force of law in each member state,
provided however that where the rules of the Commission conflict with the laws of the
member state that establish the member state's laws, regulations, and applicable standards
that govern the practice of social work as held by a court of competent jurisdiction, the rules
of the Commission shall be ineffective in that state to the extent of the conflict.
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 on the
day following adoption or the date specified in the rule or amendment, whichever is later.
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 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 members, take final action on the
proposed rule based on the rulemaking record and the full text of the rule.
new text end

new text begin (1) The Commission may adopt changes to the proposed rule, provided the changes do
not enlarge the original purpose of the proposed rule.
new text end

new text begin (2) 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.
new text end

new text begin (3) 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 48 hours' notice, 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 provision, 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 requirements shall apply under this compact.
new text end

Sec. 13.

new text begin [148E.52] OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT.
new text end

new text begin (a) Oversight:
new text end

new text begin (1) 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 (2) Except as otherwise provided in this Compact, 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 (3) 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 (b) Default, technical assistance, and termination:
new text end

new text begin (1) 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 (2) The Commission shall provide a copy of the notice of default to the other member
states.
new text end

new text begin (c) 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 delegates 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 (d) 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 state licensing authority, and each of the
member states' state licensing authority.
new text end

new text begin (e) 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.
new text end

new text begin (f) Upon the termination of a state's membership from this Compact, that state shall
immediately provide notice to all licensees within that state of such termination. The
terminated state shall continue to recognize all licenses granted pursuant to this Compact
for a minimum of six months after the date of said notice of termination.
new text end

new text begin (g) 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 (h) 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 (i) Dispute resolution:
new text end

new text begin (1) 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 (2) The Commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
new text end

new text begin (j) Enforcement:
new text end

new text begin (1) By majority vote as 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. 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 (2) 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 (3) No person other than a member state shall enforce this compact against the
Commission.
new text end

Sec. 14.

new text begin [148E.53] EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT.
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 (1) 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 ("charter member states") to
determine if the statute enacted by each such charter member state is materially different
than the model Compact statute.
new text end

new text begin (i) A charter member state whose enactment is found to be materially different from the
model Compact statute shall be entitled to the default process set forth in section 148E.52.
new text end

new text begin (ii) 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 (2) Member states enacting the compact subsequent to the seven initial charter member
states shall be subject to the process set forth in section 148E.49, paragraph (c), clause (21),
to determine if their enactments are materially different from the model Compact statute
and whether they qualify for participation in the Compact.
new text end

new text begin (3) 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.
new text end

new text begin (4) 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 day the Compact
becomes law in that state.
new text end

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

new text begin (1) A member state's withdrawal shall not take effect until 180 days after enactment of
the repealing statute.
new text end

new text begin (2) Withdrawal shall not affect the continuing requirement of the withdrawing state's
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 (3) Upon the enactment of a statute withdrawing from this Compact, a state shall
immediately provide notice of such withdrawal to all licensees 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 (c) 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 (d) 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. 15.

new text begin [148E.54] 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 148E.52, paragraph (b),
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. 16.

new text begin [148E.55] CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE
LAWS.
new text end

new text begin (a) A licensee providing services in a remote state under a multistate authorization to
practice shall adhere to the laws and regulations, including laws, regulations, and applicable
standards, of the remote state where the client is located at the time care is rendered.
new text end

new text begin (b) 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 (c) 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.
new text end

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