HB300INTRODUCED
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HB300
UL27GXX-1
By Representatives Moore (P), Oliver, Paschal
RFD: Boards, Agencies and Commissions
First Read: 06-Mar-24
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5 UL27GXX-1 02/23/2024 MAP (L)ma 2023-3794
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First Read: 06-Mar-24
SYNOPSIS:
This bill would allow the Alabama Board of
Massage Therapy to enter into the Interstate Massage
Compact by adopting Article 2 of Chapter 43 of Title
34, Code of Alabama 1975, as a means of providing
uniformity in licensing requirements and interstate
practice throughout party states.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Board of Massage Therapy; to
enter into the Interstate Massage Compact by adopting Article
2 of Chapter 43 of Title 34, Code of Alabama 1975.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 34-43-1 through 34-43-21, Code of
Alabama 1975, are designated as Article 1 of Chapter 43 of
Title 34, Code of Alabama 1975.
Section 2. Article 2, commencing with Section 34-43-50,
is added to Chapter 43 of Title 34, Code of Alabama 1975, to
read as follows:
Article 2. INTERSTATE MASSAGE COMPACT
§34-43-50. Purpose.
The purpose of this compact is to reduce the burdens on
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The purpose of this compact is to reduce the burdens on
state governments and to facilitate the interstate practice
and regulation of massage therapy with the goal of improving
public access to, and the safety of, massage therapy services.
Through this compact, the member states seek to establish a
regulatory framework that provides for a new multistate
licensing program. Through this additional licensing pathway,
the member states seek to provide increased value and mobility
to licensed massage therapists in the member states, while
ensuring the provision of safe, competent, and reliable
services to the public.
This compact is designed to achieve the following
objectives, and the member states hereby ratify those
intentions by subscribing hereto:
(1) Increase public access to massage therapy services
by providing for a multistate licensing pathway.
(2) Enhance the member states' ability to protect the
public's health and safety.
(3) Enhance the member states' ability to prevent human
trafficking and licensure fraud.
(4) Encourage the cooperation of member states in
regulating the multistate practice of massage therapy.
(5) Support relocating military members and their
spouses.
(6) Facilitate and enhance the exchange of licensure,
investigative, and disciplinary information between the member
states.
(7) Create an interstate commission that will exist to
implement and administer the compact.
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implement and administer the compact.
(8) Allow a member state to hold a licensee
accountable, even where that licensee holds a multistate
license.
(9) Create a streamlined pathway for licensees to
practice in member states, thus increasing the mobility of
duly licensed massage therapists.
(10) Serve the needs of licensed massage therapists and
the public receiving their services.
(11) Nothing in this compact is intended to prevent a
state from enforcing its own laws regarding the practice of
massage therapy.
§34-43-51. Definitions.
As used in this compact, except as otherwise provided
and subject to clarification by the rules of the commission,
the following definitions shall govern the terms herein:
(1) ACTIVE MILITARY MEMBER. Any person with full-time
duty status in the armed forces of the United States,
including members of the National Guard and Reserve.
(2) ADVERSE ACTION. Any administrative, civil,
equitable, or criminal action permitted by a member state's
laws which is imposed by a licensing authority or other
regulatory body against a licensee, including actions against
an individual's authorization to practice such as revocation,
suspension, probation, surrender in lieu of discipline,
monitoring of the licensee, imitation of the licensee's
practice, or any other encumbrance on licensure affecting an
individual's ability to practice massage therapy, including
the issuance of a cease and desist order.
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the issuance of a cease and desist order.
(3) ALTERNATIVE PROGRAM. A non-disciplinary monitoring
or prosecutorial diversion program approved by a member
state's licensing authority.
(4) AUTHORIZATION TO PRACTICE. A legal authorization by
a remote state pursuant to a multistate license permitting the
practice of massage therapy in that remote state, which shall
be subject to the enforcement jurisdiction of the licensing
authority in that remote state.
(5) BACKGROUND CHECK. The submission of an applicant's
criminal history record information, as further defined in 28
C.F.R. § 20.3(d), as amended from the Federal Bureau of
Investigation and the agency responsible for retaining state
criminal records in the applicant's home state.
(6) CHARTER MEMBER STATES. Member states who have
enacted legislation to adopt this compact where such
legislation predates the effective date of this compact as
defined in Section 34-43-61.
(7) COMMISSION. The governmental agency whose
membership consists of all states that have enacted this
compact, which is known as the Interstate Massage Compact
Commission and which shall operate as an instrumentality of
the member states.
(8) CONTINUING COMPETENCE. A requirement, as a
condition of license renewal, to provide evidence of
participation in, and completion of, educational or
professional activities that maintain, improve, or enhance
massage therapy fitness to practice.
(9) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION.
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(9) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION.
Investigative information that a licensing authority, after an
inquiry or investigation that complies with a member state's
due process requirements, has reason to believe is not
groundless and, if proved true, would indicate a violation of
that state's laws regarding the practice of massage therapy.
(10) DATA SYSTEM. A repository of information about
licensees who hold multistate licenses, which may include, but
is not limited to, license status, investigative information,
and adverse actions.
(11) DISQUALIFYING EVENT. Any event which shall
disqualify an individual from holding a multistate license
under this compact, which the commission may specify by rule.
(12) ENCUMBRANCE. A revocation or suspension of, or any
limitation or condition on, the full and unrestricted practice
of massage therapy by a licensing authority.
(13) EXECUTIVE COMMITTEE. A group of delegates elected
or appointed to act on behalf of, and within the powers
granted to them by, the commission.
(14) HOME STATE. The member state which is a licensee's
primary state of residence where the licensee holds an active
single-state license.
(15) INVESTIGATIVE INFORMATION. Information, records,
or documents received or generated by a licensing authority
pursuant to an investigation or other inquiry.
(16) LICENSING AUTHORITY. A state's regulatory body
responsible for issuing massage therapy licenses or otherwise
overseeing the practice of massage therapy in that state.
(17) LICENSEE. An individual who currently holds a
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(17) LICENSEE. An individual who currently holds a
license from a member state to fully practice massage therapy,
whose license is not student, provisional, temporary,
inactive, or other similar status.
(18) MASSAGE THERAPY, MASSAGE THERAPY SERVICES, and the
PRACTICE OF MASSAGE THERAPY. The care and services provided by
a licensee as set forth in the member state's statutes and
rules in the state where the services are being provided.
(19) MEMBER STATE. Any state that has adopted this
compact.
(20) MULTISTATE LICENSE. A license that consists of
authorizations to practice massage therapy in all remote
states pursuant to this compact, which shall be subject to the
enforcement jurisdiction of the licensing authority in a
licensee's home state.
(21) NATIONAL LICENSING EXAMINATION. A national
examination developed by a national association of massage
therapy regulatory boards, as defined by commission rule, that
is derived from a practice analysis and is consistent with
generally accepted psychometric principles of fairness,
validity, and reliability, and is administered under secure
and confidential examination protocols.
(22) REMOTE STATE. Any member state, other than the
licensee's home state.
(23) RULE. Any opinion or regulation adopted by the
commission under this compact, which shall have the force of
law.
(24) SINGLE-STATE LICENSE. A current, valid
authorization issued by a member state's licensing authority
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authorization issued by a member state's licensing authority
allowing an individual to fully practice massage therapy, that
is not restricted, student, provisional, temporary, or
inactive practice authorization and authorizes practice only
within the issuing state.
(25) STATE. A state, territory, possession of the
United States, or the District of Columbia.
§34-43-52. Member State Requirements.
(a) To be eligible to join this compact, and to
maintain eligibility as a member state, a state must:
(1) License and regulate the practice of massage
therapy.
(2) Have a mechanism or entity in place to receive and
investigate complaints from the public, regulatory or law
enforcement agencies, or the commission about licensees
practicing in that state.
(3) Accept passage of a national licensing examination
as a criterion for massage therapy licensure in that state.
(4) Require that licensees satisfy educational
requirements prior to being licensed to provide massage
therapy services to the public in that state.
(5) Implement procedures for requiring the background
check of applicants for a multistate license, and for the
reporting of any disqualifying events, including, but not
limited to, obtaining and submitting, for each licensee
holding a multistate license and each applicant for a
multistate license, fingerprint or other biometric-based
information to the Federal Bureau of Investigation for
background checks; receiving the results of the Federal Bureau
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background checks; receiving the results of the Federal Bureau
of Investigation record search on background checks and
considering the results of such a background check in making
licensure decisions.
(6) Have continuing competence requirements as a
condition for license renewal.
(7) Participate in the data system, including through
the use of unique identifying numbers as described herein.
(8) Notify the commission and other member states, in
compliance with the terms of the compact and rules of the
commission, of any disciplinary action taken by the state
against a licensee practicing under a multistate license in
that state, or of the existence of investigative information
or current significant investigative information regarding a
licensee practicing in that state pursuant to a multistate
license.
(9) Comply with the rules of the commission.
(10) Accept licensees with valid multistate licenses
from other member states as established herein.
(b) 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 those individuals
shall not be recognized as granting a multistate license for
massage therapy in any other member state.
(c) Nothing in this compact shall affect the
requirements established by a member state for the issuance of
a single-state license.
(d) A multistate license issued to a licensee shall be
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(d) A multistate license issued to a licensee shall be
recognized by each remote state as an authorization to
practice massage therapy in each remote state.
§34-43-53. Multistate License Requirements.
(a) To qualify for a multistate license under this
compact, and to maintain eligibility for such a license, an
applicant must:
(1) Hold an active single-state license to practice
massage therapy in the applicant's home state.
(2) Have completed at least 625 clock hours of massage
therapy, education, or the substantial equivalent which the
commission may approve by rule.
(3) Have passed a national licensing examination or the
substantial equivalent which the commission may approve by
rule.
(4) Submit to a background check.
(5) Have not been convicted or found guilty, or have
entered into an agreed disposition, of a felony offense under
applicable state or federal criminal law, within five years
prior to the date of their application, where that time period
shall not include any time served for the offense, and
provided that the applicant has completed all requirements
arising as a result of any offense.
(6) Have not been convicted or found guilty, or have
entered into an agreed disposition, of a misdemeanor offense
related to the practice of massage therapy under applicable
state or federal criminal law, within two years prior to the
date of their application where such a time period shall not
include any time served for the offense, and provided that the
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include any time served for the offense, and provided that the
applicant has completed all requirements arising as a result
of any offense.
(7) Have not been convicted or found guilty, or have
entered into an agreed disposition, of any offense, whether a
misdemeanor or a felony, under state or federal law, at any
time, relating to any of the following:
a. Kidnapping.
b. Human trafficking.
c. Human smuggling.
d. Sexual battery, sexual assault, or any related
offenses.
e. Any other category of offense which the commission
may by rule designate.
(8) Have not previously held a massage therapy license
which was revoked by, or surrendered in lieu of discipline to,
an applicable licensing authority.
(9) Have no history of any adverse action on any
occupational or professional license within two years prior to
the date of their application.
(10) Pay all required fees.
(b) A multistate license granted pursuant to this
compact may be effective for a definite period of time
concurrent with the renewal of the home state license.
(c) A licensee practicing in a member state is subject
to all scope of practice laws governing massage therapy
services in that state.
(d) The practice of massage therapy under a multistate
license granted pursuant to this compact will subject the
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license granted pursuant to this compact will subject the
licensee to the jurisdiction of the licensing authority, the
courts, and the laws of the member state in which the massage
therapy services are provided.
§34-43-54. Authority of Interstate Massage Compact
Commission and Member State Licensing Authorities.
(a) Nothing in this compact, nor any rule of the
commission, shall be construed to limit, restrict, or reduce
the ability of a member state to enact and enforce laws or
rules related to the practice of massage therapy in that
state, where those laws or rules are not inconsistent with the
provisions of this compact.
(b) Nothing in this compact, nor any rule of the
commission, shall be construed to limit, restrict, or reduce
the ability of a member state to take adverse action against a
licensee's single-state license to practice massage therapy in
that state.
(c) Nothing in this compact, nor any rule of the
commission, shall be construed to limit or reduce the ability
of a remote state to take adverse action against a licensee's
authorization to practice in that state.
(d) Nothing in this compact, nor any rule of the
commission, shall be construed to limit, restrict, or 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.
(e) Insofar as practical, a member state's licensing
authority shall cooperate with the commission and with each
entity exercising independent regulatory authority over the
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entity exercising independent regulatory authority over the
practice of massage therapy according to the provisions of
this compact.
§34-43-55. Adverse Actions.
(a) A licensee's home state shall have exclusive power
to impose an adverse action against a licensee's multistate
license issued by the home state.
(b) A home state may take adverse action on a
multistate license based on the investigative information,
current significant investigative information, or adverse
action of a remote state.
(c) A home state shall retain authority to complete any
pending investigations of a licensee practicing under a
multistate license who changes their home state during the
course of such an investigation. The licensing authority shall
also be empowered to report the results of an investigation to
the commission through the data system.
(d) Any member state may investigate actual or alleged
violations of the scope of practice laws in any other member
state for a massage therapist who holds a multistate license.
(e) A remote state shall have the authority to:
(1) Take adverse actions against a licensee's
authorization to practice.
(2) Issue cease and desist orders or impose an
encumbrance on a licensee's authorization to practice in that
state.
(3) Issue subpoenas for both hearings and
investigations that require the attendance and testimony of
witnesses, as well as the production of evidence. Subpoenas
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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 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.
(4) If otherwise permitted by state law, recover from
the affected licensee the costs of investigations and
disposition of cases resulting from any adverse action taken
against that licensee.
(5) Take adverse action against the licensee's
authorization to practice in that state based on the factual
findings of another member state.
(f) If an adverse action is taken by the home state
against a licensee's multistate license or single-state
license to practice in the home state, the licensee's
authorization to practice in all other member states shall be
deactivated until all encumbrances have been removed from such
license. All home state disciplinary orders that impose an
adverse action against a licensee shall include a statement
that the massage therapist's authorization to practice is
deactivated in all member states during the pendency of the
order.
(g) If adverse action is taken by a remote state
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(g) If adverse action is taken by a remote state
against a licensee's authorization to practice, that adverse
action applies to all authorizations to practice in all remote
states. A licensee whose authorization to practice in a remote
state is removed for a specified period of time is not
eligible to apply for a new multistate license in any other
state until the specific time for removal of the authorization
to practice has passed and all encumbrance requirements are
satisfied.
(h) Nothing in this compact shall override a member
state's authority to accept a licensee's participation in an
alternative program in lieu of adverse action. A licensee's
multistate license shall be suspended for the duration of the
licensee's participation in any alternative program.
(i) Joint investigations.
(1) In addition to the authority granted to a member
state by its respective scope of practice laws or other
applicable state law, a member state may participate with
other member states in joint investigations of licensees.
(2) Member states shall share any investigative,
litigation, or compliance materials in furtherance of any
joint or individual investigation initiated under the compact.
§34-43-56. Active Military Members and Their Spouses.
Active military members, or their spouses, shall designate a
home state where the individual has a current license to
practice massage therapy in good standing. The individual may
retain his or her home state designation during any period of
service when that individual or his or her spouse is on active
duty assignment.
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duty assignment.
§34-43-57. Establishment and Operation of Interstate
Massage Compact Commission.
(a) The compact member states hereby create and
establish a joint governmental agency whose membership
consists of all member states that have enacted the compact
known as the Interstate Massage 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 34-43-61.
(b) Membership, voting, and meetings.
(1) Each member state shall have and be limited to one
delegate selected by that member state's licensing authority.
(2) The delegate shall be the primary administrative
officer of the state licensing authority or their designee.
(3) The commission shall by rule or bylaw establish a
term of office for delegates and may by rule or bylaw
establish term limits.
(4) The commission may recommend removal or suspension
of any delegate from office.
(5) A member state's licensing authority shall fill any
vacancy of its delegate occurring on the commission within 60
days of the vacancy.
(6) Each delegate shall be entitled to one vote on all
matters that are voted on by the commission.
(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,
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the bylaws. The commission may meet by telecommunication,
video conference, or other similar electronic means.
(c) The commission shall have the following powers:
(1) To establish the fiscal year of the commission.
(2) To establish code of conduct and conflict of
interest policies.
(3) To adopt rules and bylaws.
(4) To maintain its financial records in accordance
with the bylaws.
(5) To meet and take such actions as are consistent
with the provisions of this compact, the commission's rules,
and the bylaws.
(6) To 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.
(7) To 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.
(8) To purchase and maintain insurance and bonds.
(9) To borrow, accept, or contract for services of
personnel, including, but not limited to, employees of a
member state.
(10) To conduct an annual financial review.
(11) To 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
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compact, and establish the commission's personnel policies and
programs relating to conflicts of interest, qualifications of
personnel, and other related personnel matters.
(12) To assess and collect fees.
(13) To accept, receive, utilize, dispose of all
appropriate gifts, donations, grants of money, other sources
of revenue, equipment, supplies, materials, and services;
provided that at all times the commission shall avoid any
appearance of impropriety or conflict of interest.
(14) To lease, purchase, retain, own, hold, improve, or
use any property, real, personal, or mixed, or any undivided
interest in property.
(15) To sell, convey, mortgage, pledge, lease,
exchange, abandon, or otherwise dispose of any property, real,
personal, or mixed.
(16) To establish a budget and make expenditures.
(17) To borrow money.
(18) To 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.
(19) To accept and transmit complaints from the public,
regulatory or law enforcement agencies, or the commission, to
the relevant member state or states regarding potential
misconduct of licensees.
(20) To elect a chair, vice chair, secretary,
treasurer, and other officers of the commission as provided in
the commission's bylaws.
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the commission's bylaws.
(21) To establish and elect an executive committee,
including a chair and a vice chair.
(22) To adopt and provide to the member states an
annual report.
(23) To 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.
(24) To perform other functions as may be necessary or
appropriate to achieve the purposes of this compact.
(d) The executive committee.
(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:
a. Overseeing the day-to-day activities of the
administration of the compact, including compliance with the
provisions of the compact, the commission's rules and bylaws,
and other duties as deemed necessary.
b. Recommending to the commission changes to the rules
or bylaws, changes to this compact legislation, fees charged
to compact member states, fees charged to licensees, and other
fees.
c. Ensuring compact administration services are
appropriately provided, including by contract.
d. Preparing and recommending the budget.
e. Maintaining financial records on behalf of the
commission.
f. Monitoring compact compliance of member states and
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f. Monitoring compact compliance of member states and
providing compliance reports to the commission.
g. Establishing additional committees as necessary.
h. 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.
i. Other duties as provided in the rules or bylaws of
the commission.
(2) The executive committee shall be composed of seven
voting members and up to two ex officio members as follows:
a. The chair and vice chair of the commission and any
other members of the commission who serve on the executive
committee shall be voting members of the executive committee.
b. Other than the chair, vice chair, secretary, and
treasurer, the commission shall elect three voting members
from the current membership of the commission.
c. The commission may elect ex officio, nonvoting
members as necessary as follows:
1. One ex officio member who is a representative of the
National Association of State Massage Therapy Regulatory
Boards.
2. One ex officio member as specified in the
commission's bylaws.
(3) The commission may remove any member of the
executive committee as provided in the commission's bylaws.
(4) The executive committee shall meet at least
annually.
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annually.
a. Executive committee meetings shall be open to the
public, except that the executive committee may meet in a
closed, nonpublic session of a public meeting when dealing
with any of the matters covered under subdivision (f)(4).
b. The executive committee shall give five business
days' advance notice of its public meetings, posted on its
website and as determined to provide notice to persons with an
interest in the public matters the executive committee intends
to address at those meetings.
(5) The executive committee may hold an emergency
meeting when acting for the commission to:
a. Meet an imminent threat to public health, safety, or
welfare.
b. Prevent a loss of commission or participating state
funds.
c. Protect public health and safety.
(e) The commission shall adopt and provide to the
member states an annual report.
(f) Meetings of the commission.
(1) All meetings of the commission that are not closed
pursuant to this subsection 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.
(2) Notwithstanding subdivision (f)(1), 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
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the reasons it may dispense with notice of proposed rulemaking
under Section 34-43-59(l). The commission's legal counsel
shall certify that one of the reasons justifying an emergency
public meeting has been met.
(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.
(4) The commission may convene in a closed, nonpublic
meeting for the commission to discuss:
a. Noncompliance of a member state with its obligations
under the compact.
b. 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.
c. Current or threatened discipline of a licensee by
the commission or by a member state's licensing authority.
d. Current, threatened, or reasonably anticipated
litigation.
e. Negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate.
f. Accusing any person of a crime or formally censuring
any person.
g. Trade secrets or commercial or financial information
that is privileged or confidential.
h. Information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of personal
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would constitute a clearly unwarranted invasion of personal
privacy.
i. Investigative records compiled for law enforcement
purposes.
j. 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.
k. Legal advice.
l. Matters specifically exempted from disclosure to the
public by federal or member state law.
m. Other matters as adopted by rule by the commission.
(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
each reference shall be recorded in the minutes.
(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 for those actions, including a description of the
views expressed. All documents considered in connection with
an action shall be identified in the 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.
(g) Financing of the commission.
(1) The commission shall pay, or provide for the
payment of, the reasonable expenses of its establishment,
organization, and ongoing activities.
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organization, and ongoing activities.
(2) The commission may accept any and all appropriate
sources of revenue, donations, and grants of money, equipment,
supplies, materials, and services.
(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 adopt
by rule.
(4) The commission shall not incur obligations of any
kind prior to securing the funds adequate to meet them, nor
shall the commission pledge the credit of any member states,
except by and with the authority of the member state.
(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.
(h) Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director,
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(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 individual 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 subdivision
shall be construed to protect any individual from suit or
liability for any damage, loss, injury, or liability caused by
the intentional, willful, or wanton misconduct of that
individual. The procurement of insurance of any type by the
commission shall not in any way compromise or limit the
immunity granted hereunder.
(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 individual 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 individual 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 individual's
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error, or omission did not result from that individual's
intentional, willful, or wanton misconduct.
(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 individual
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 individual 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, willful, or wanton misconduct of
that individual.
(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.
(5) Nothing in this compact shall be interpreted to
waive or otherwise abrogate a member state's immunity or
affirmative defense with respect to antitrust claims under the
Sherman Act, Clayton Act, or any other state or federal
antitrust or anticompetitive law or rule.
(6) Nothing in this compact shall be construed to be a
waiver of sovereign immunity by the member states or by the
commission.
§34-43-58. Data System.
(a) The commission shall provide for the development,
maintenance, operation, and utilization of a coordinated
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maintenance, operation, and utilization of a coordinated
database and reporting system.
(b) The commission shall assign each applicant for a
multistate license a unique identifier, as determined by the
rules of the commission.
(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:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a license and information
related those actions.
(4) Nonconfidential information related to alternative
program participation, the beginning and ending dates of
participation, and other information related to participation.
(5) Any denial of application for licensure, and the
reasons for denial, excluding the reporting of any criminal
history record information where prohibited by law.
(6) The existence of investigative information.
(7) The existence or presence of current significant
investigative information.
(8) Other information that may facilitate the
administration of this compact, or the protection of the
public, as determined by the rules of the commission.
(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 its agent, shall
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when certified by the commission or its agent, 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.
(e) The existence of current significant investigative
information and the existence of investigative information
pertaining to a licensee in any member state will only be
available to other member states.
(f) It is the responsibility of the member states to
report any adverse action against a licensee who holds a
multistate license and to monitor the database to determine
whether adverse action has been taken against such a licensee
or license applicant. Adverse action information pertaining to
a licensee or license applicant in any member state will be
available to any other member state.
(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.
(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.
§34-43-59. Rulemaking.
(a) The commission shall adopt 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
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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.
(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 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.
(c) The commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this section and the
rules adopted thereunder. Rules shall become binding as of the
date specified by the commission for each rule.
(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 that rule shall have no further force and effect in any
member state or in any state applying to participate in the
compact.
(e) Rules shall be adopted at a regular or special
meeting of the commission.
(f) Prior to adoption of a proposed rule, the
commission shall hold a public hearing and allow individuals
to provide oral and written comments, data, facts, opinions,
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to provide oral and written comments, data, facts, opinions,
and arguments.
(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:
(1) On the website of the commission or other publicly
accessible platform.
(2) To persons who have requested notice of the
commission's notices of proposed rulemaking.
(3) In such other ways as the commission may specify by
rule.
(h) The notice of proposed rulemaking shall include:
(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.
(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.
(3) The text of the proposed rule and the reason
therefor.
(4) A request for comments on the proposed rule from
any interested person.
(5) The manner in which interested persons may submit
written comments.
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written comments.
(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.
(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.
(k) The commission, by majority vote of all
commissioners, shall take final action on the proposed rule
based on the rulemaking record.
(1) The commission may adopt changes to the proposed
rule provided the changes do not enlarge the original purpose
of the proposed rule.
(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.
(3) The commission shall determine a reasonable
effective date for the rule. Except for an emergency as
provided in subsection (l), 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.
(l) Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule with
24-hours' notice, 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
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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 to:
(1) Meet an imminent threat to public health, safety,
or welfare.
(2) Prevent a loss of commission or member state funds.
(3) Meet a deadline for the adoption of a rule that is
established by federal law or rule.
(4) Protect public health and safety.
(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.
(n) No member state's rulemaking requirements shall
apply under this compact.
§34-43-60. Oversight, Dispute Resolution, and
Enforcement.
(a) Oversight.
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(a) Oversight.
(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.
(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
similar matter.
(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
adopted rules.
(b) Default, technical assistance, and termination.
(1) If the commission determines that a member state
has defaulted in the performance of its obligations or
responsibilities under this compact or the adopted 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
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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.
(2) The commission shall provide a copy of the notice
of default to the other member states.
(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.
(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 licensing authority and each of the member
states' licensing authority.
(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.
(f) Upon the termination of a state's membership from
this compact, that state shall immediately provide notice to
all licensees who hold a multistate license within that state
of such termination. The terminated state shall continue to
recognize all licenses granted pursuant to this compact for a
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recognize all licenses granted pursuant to this compact for a
minimum of 180 days after the date of the notice of
termination.
(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.
(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.
(i) Dispute resolution.
(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 non-member
states.
(2) The commission shall adopt a rule providing for
both mediation and binding dispute resolution for disputes as
appropriate.
(j) Enforcement.
(1) The commission, in the reasonable exercise of its
discretion, shall enforce the provisions of this compact and
the commission's rules.
(2) By majority vote as provided by commission 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
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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 adopted 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 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.
(3) 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 adopted 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 litigation, including
reasonable attorney fees.
(4) No individual or entity other than a member state
may enforce this compact against the commission.
§34-43-61. Effective Date, Withdrawal, and Amendment.
(a) The compact shall come into effect on the date on
which the compact statute is enacted into law in the seventh
member state.
(1) On or after the effective date of the compact, the
commission shall convene and review the enactment of each of
the charter member states to determine if the statute enacted
by each such charter member state is materially different than
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by each such charter member state is materially different than
the model compact statute.
a. 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
34-43-60.
b. 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.
(2) Member states enacting the compact subsequent to
the charter member states shall be subject to the process set
forth in Section 34-43-57(c)(3) to determine if their
enactments are materially different from the model compact
statute and whether they qualify for participation in the
compact.
(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.
(4) Any state that joins the compact 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.
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law in that state.
(b) Any member state may withdraw from this compact by
enacting a statute repealing that state's enactment of the
compact.
(1) A member state's withdrawal shall not take effect
until 180 days after enactment of the repealing statute.
(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.
(3) Upon the enactment of a statute in 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.
(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
non-member state that does not conflict with the provisions of
this compact.
(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.
§34-43-62. Construction and Severability.
(a) This compact and the commission's rulemaking
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(a) This compact and the commission's rulemaking
authority shall be liberally construed so as to effectuate the
purposes, the implementation, and the administration of the
compact. Provisions of the compact expressly authorizing or
requiring the adoption of rules shall not be construed to
limit the commission's rulemaking authority solely for those
purposes.
(b) 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, individual,
or circumstance is held to be unconstitutional by a court of
competent jurisdiction, the validity of the remainder of this
compact and its applicability to any other government, agency,
person, or circumstance shall not be affected thereby.
(c) Notwithstanding subsection (b), the commission may
deny a state's participation in the compact or, in accordance
with the requirements of Section 34-43-60(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.
§34-43-63. Consistent Effect and Conflict With Other
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§34-43-63. Consistent Effect and Conflict With Other
State Laws.
(a) Nothing herein shall prevent or inhibit the
enforcement of any other law of a member state that is not
inconsistent with the compact.
(b) Any laws, statutes, rules, or other legal
requirements in a member state in conflict with the compact
are superseded to the extent of the conflict.
(c) All permissible agreements between the commission
and the member states are binding in accordance with their
terms.
§34-43-64. Judicial Proceedings by Individuals.
Except as to judicial proceedings for the enforcement
of this compact among member states, individuals may pursue
judicial proceedings related to this compact in any Alabama
state or federal court that would otherwise have competent
jurisdiction.
Section 3. This act shall become effective on October
1, 2024.
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