HB214ENGROSSED
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HB214
PSBPJGE-2
By Representatives Gidley, Paschal, Robertson
RFD: Boards, Agencies and Commissions
First Read: 06-Feb-25
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First Read: 06-Feb-25
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Board of Examiners in
Psychology; to enter into the School Psychologist Interstate
Licensure Compact by adopting Article 6 of Chapter 26 of Title
34, Code of Alabama 1975.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Article 6, commencing with Section
34-26-100, is added to Chapter 26 of Title 34, Code of
Alabama, to read as follows:
Article 6. SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE
COMPACT.
§34-26-100. Purpose.
The purpose of this compact is to facilitate the
interstate practice of school psychology in educational or
school settings, and, in doing so, to improve the availability
of school psychological services to the public. This compact
is intended to establish a pathway to allow school
psychologists to obtain equivalent licenses to provide school
psychological services in any member state. In this way, this
compact shall enable the member states to ensure that safe and
effective school psychological services are available and
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effective school psychological services are available and
delivered by appropriately qualified professionals in their
educational settings.
To facilitate the objectives described above, this
compact shall do the following:
(1) Enable school psychologists who qualify for receipt
of an equivalent license to practice in other member states
without first satisfying burdensome and duplicative
requirements.
(2) Promote the mobility of school psychologists
between and among the member states in order to address
workforce shortages and to ensure that safe and reliable
school psychological services are available in each member
state.
(3) Enhance the public accessibility of school
psychological services by increasing the availability of
qualified, licensed school psychologists through the
establishment of an efficient and streamlined pathway for
licensees to practice in other member states.
(4) Preserve and respect the authority of each member
state to protect the health and safety of its residents by
ensuring that only qualified, licensed professionals are
authorized to provide school psychological services within
that state.
(5) Require school psychologists practicing within a
member state to comply with the scope of practice laws of the
state where the school psychological services are being
provided.
(6) Promote cooperation between the member states in
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(6) Promote cooperation between the member states in
regulating the practice of school psychology within those
states.
(7) Facilitate the relocation of military members and
their spouses who are licensed to provide school psychological
services.
§34-26-101. Definitions.
As used in this compact, the following terms have the
following meanings:
(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. Disciplinary action or encumbrance
imposed on a license by a state licensing authority.
(3) ALTERNATIVE PROGRAM. A nondisciplinary,
prosecutorial diversion, monitoring, or practice remediation
process entered into in lieu of an adverse action which is
applicable to a school psychologist and approved by the state
licensing authority of a member state where the participating
school psychologist is licensed. The term includes, but is not
limited to, programs to which licensees with substance abuse
or addiction issues may be referred in lieu of an adverse
action.
(4) COMMISSIONER. The individual appointed by a member
state to serve as the representative to the commission for
that member state.
(5) COMPACT. This School Psychologist Interstate
Licensure Compact.
(6) CONTINUING PROFESSIONAL EDUCATION. A requirement,
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(6) CONTINUING PROFESSIONAL EDUCATION. A requirement,
imposed by a member state as a condition of license renewal,
to provide evidence of successful participation in
professional educational activities relevant to the provision
of school psychological services.
(7) CRIMINAL BACKGROUND CHECK. The submission of
fingerprints or other biometric information for a license
applicant for the purpose of obtaining that applicant's
criminal history record information, as defined in 28 C.F.R. §
20.3(d), and the state's criminal history record repository as
defined in 28 C.F.R. § 20.3(f).
(8) DOCTORAL LEVEL DEGREE. A graduate degree program
that consists of at least 90 graduate semester hours in the
field of school psychology, including a supervised internship.
(9) ENCUMBERED LICENSE. A license that a state
licensing authority has limited in any way other than through
an alternative program, including temporary or provisional
licenses.
(10) EXECUTIVE COMMITTEE. The commission's chair, vice
chair, secretary, and treasurer and any other commissioners as
may be determined by commission rule or bylaw.
(11) EQUIVALENT LICENSE. A license to practice school
psychology which a member state has identified as a license
that may be provided to school psychologists from other member
states pursuant to this compact.
(12) HOME STATE. The member state that issued the home
state license to the licensee and is the licensee's primary
state of practice.
(13) HOME STATE LICENSE. The license that is not an
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(13) HOME STATE LICENSE. The license that is not an
encumbered license issued by the home state to provide school
psychological services.
(14) LICENSE. A current license, certification, or
other authorization granted by a member state's licensing
authority that permits an individual to provide school
psychological services.
(15) LICENSEE. An individual who holds a license from a
member state to provide school psychological services.
(16) MEMBER STATE. A state that has enacted this
compact and has been admitted to the commission in accordance
with the provisions herein and commission rules.
(17) MODEL COMPACT. The model language for the School
Psychologist Interstate Licensure Compact on file with the
Council of State Governments or other entity as designated by
the commission.
(18) PRACTICE OF SCHOOL PSYCHOLOGY. The delivery of
school psychological services.
(19) QUALIFYING NATIONAL EXAM. A national licensing
examination endorsed by the National Association of School
Psychologists and any other exam as approved by the rules of
the commission.
(20) QUALIFYING SCHOOL PSYCHOLOGIST EDUCATION PROGRAM.
An education program that awards a specialist-level or
doctoral-level degree or equivalent upon completion and is
approved by the rules of the commission as meeting the
necessary minimum educational standards to ensure that the
program's graduates are ready, qualified, and able to engage
in the practice of school psychology.
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in the practice of school psychology.
(21) REMOTE STATE. A member state other than the home
state where a licensee holds a license through this compact.
(22) RULE. A regulation adopted by an entity,
including, but not limited to, the commission and the state
licensing authority of each member state, which has the force
of law.
(23) SCHOOL PSYCHOLOGICAL SERVICES. Academic, mental,
and behavioral health services, including assessment,
prevention, consultation and collaboration, intervention, and
evaluation, provided by a school psychologist in a school, as
outlined in applicable professional standards as determined by
commission rule.
(24) SCHOOL PSYCHOLOGIST. An individual who has met the
requirements to obtain a home state license that legally
conveys the professional title of school psychologist, or its
equivalent as determined by the rules of the commission.
(25) SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT
COMMISSION or COMMISSION. The joint government agency
established by this compact whose membership consists of
representatives from each member state that has enacted this
compact, and as further described in Section 34-26-106.
(26) SCOPE OF PRACTICE. The procedures, actions, and
processes a school psychologist licensed in a state is
permitted to undertake in that state and the circumstances
under which that 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
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undertaken, may be established through means, including, but
not limited to, statute, rule, case law, and other processes
available to the state licensing authority or other government
agency.
(27) SPECIALIST-LEVEL DEGREE. A degree program that
requires at least 60 graduate semester hours or equivalent in
the field of school psychology, including a supervised
internship.
(28) STATE. Any state, commonwealth, district, or
territory of the United States of America.
(29) STATE LICENSING AUTHORITY. A member state's
regulatory body responsible for issuing licenses or otherwise
overseeing the practice of school psychology.
(30) STATE SPECIFIC REQUIREMENT. A requirement for
licensure covered in coursework or examination that includes
content of unique interest to the state.
(31) UNENCUMBERED LICENSE. A license that authorizes a
licensee to engage in the full and unrestricted practice of
school psychology.
§34-26-102. State participation in this compact.
(a) To be eligible to join this compact, and to
maintain eligibility as a member state, a state must:
(1) Enact a compact statute that is not materially
different from the model compact as defined in the
commission's rules.
(2) Participate in the sharing of information with
other member states as reasonably necessary to accomplish the
objectives of this compact, and as further defined in Section
34-26-100.
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34-26-100.
(3) Identify and maintain with the commission a list of
equivalent licenses available to licensees who hold a home
state license under this compact.
(4) Have a mechanism in place for receiving and
investigating complaints about licensees.
(5) Notify the commission, in compliance with the terms
of this compact and the commission's rules, of any adverse
action taken against a licensee, or of the availability of
investigative information which relates to a licensee or
applicant for licensure.
(6) Require that applicants for a home state license
have:
a. Taken and passed a qualifying national exam as
defined by the rules of the commission.
b. Completed a minimum of 1200 hours of supervised
internship, of which at least 600 must have been completed in
a school, prior to being approved for licensure.
c. Graduated from a qualifying school psychologist
education program.
(7) Comply with the terms of this compact and the rules
of the commission.
(b) Each member state shall grant an equivalent license
to practice school psychology in that state upon application
by a licensee who satisfies the criteria of Section
34-26-103(a). Each member state shall grant renewal of the
equivalent license to a licensee who satisfies the criteria of
Section 34-26-103(b).
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Section 34-26-103(b).
(c) Member states may set and collect a fee for
granting an equivalent license.
§34-26-103. School psychologist participation in this
compact.
(a) To obtain and maintain an equivalent license from a
remote state under this compact, a licensee must:
(1) Hold and maintain an active home state license.
(2) Satisfy any applicable state specific requirements
established by the member state after an equivalent license is
granted.
(3) Complete any administrative or application
requirements which the commission may establish by rule, and
pay any associated fees.
(4) Complete any requirements for renewal in the home
state, including applicable continuing professional education
requirements.
(5) Upon his or her application to receive a license
under this compact, undergo a criminal background check in the
member state in which the equivalent license is sought in
accordance with the laws and rules of the member state.
(b) To renew an equivalent license in a member state
other than the home state, a licensee must only apply for
renewal, complete a background check, and pay renewal fees as
determined by the licensing authority.
§34-26-104. Active duty military members or their
spouses.
A licensee who is an active military member or is the
spouse of an active military member shall be deemed to hold a
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spouse of an active military member shall be deemed to hold a
home state license in any of the following locations:
(1) The licensee's permanent residence.
(2) A member state that is the licensee's primary state
of practice.
(3) A member state where the licensee has relocated
pursuant to a permanent change of station (PCS).
§34-26-105. Discipline/Adverse actions.
(a) Nothing in this compact shall be deemed or
construed to limit the authority of a member state to
investigate or impose disciplinary measures on licensees
according to its scope of practice laws.
(b) Member states shall be authorized to receive, and
shall provide, files and information regarding the
investigation and discipline, if any, of licensees in other
member states upon request. Any member state receiving such
information or files shall protect and maintain their security
and confidentiality, in at least the same manner that it
maintains its own investigatory or disciplinary files and
information. Prior to disclosing any disciplinary or
investigatory information received from another member state,
the disclosing state shall communicate its intention and
purpose for such disclosure to the member state which
originally provided that information.
§34-26-106. Establishment of the School Psychologist
Interstate Licensure Compact Commission.
(a) The member states hereby create and establish a
joint government agency whose membership consists of all
member states that have enacted this compact, and this agency
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member states that have enacted this compact, and this agency
shall be known as the School Psychologist Interstate Licensure
Compact Commission. The commission is an instrumentality of
the member states acting jointly and not an instrumentality of
any one state. The commission shall come into existence on or
after the effective date of this compact as set forth in
Section 34-26-110.
(b) Membership, Voting, and Meetings.
(1) Each member state shall have and be limited to one
delegate selected by the state licensing authority of that
member state.
(2) The delegate shall be the primary administrative
officer of the member state licensing authority or their
designee who is an employee of the member state licensing
authority.
(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 before the commission requiring a vote by commission
delegates.
(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 via telecommunication, videoconference, or
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delegates to meet via telecommunication, videoconference, or
other means of communication.
(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 via 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 establish and amend rules and bylaws.
(4) To establish the procedure through which a licensee
may change his or her home state.
(5) To maintain its financial records in accordance
with the bylaws.
(6) To meet and take such actions as are consistent
with the provisions of this compact, the commission's rules,
and the bylaws.
(7) To initiate and conclude legal proceedings or
actions in the name of the commission, provided that the
standing of any member state licensing authority to sue or be
sued under applicable law shall not be affected.
(8) 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.
(9) To purchase and maintain insurance and bonds.
(10) To borrow, accept, or contract for services of
personnel, including, but not limited to, employees of a
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personnel, including, but not limited to, employees of a
member state.
(11) To conduct an annual financial review.
(12) To hire employees, 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.
(13) To assess and collect fees.
(14) To 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 those items; provided, that at all
times the commission shall avoid any appearance of impropriety
or conflict of interest.
(15) To lease, purchase, retain, own, hold, improve, or
use any property, real, personal, or mixed, or any undivided
interest therein.
(16) To sell, convey, mortgage, pledge, lease,
exchange, abandon, or otherwise dispose of any property real,
personal, or mixed.
(17) To establish a budget and make expenditures.
(18) To borrow money.
(19) To appoint committees, including standing
committees, composed of members, state regulators, state
legislators or their representatives, consumer
representatives, and other interested persons as may be
designated in this compact and the bylaws.
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designated in this compact and the bylaws.
(20) To provide and receive information from, and
cooperate with, law enforcement agencies.
(21) To establish and elect an executive committee,
including a chair and a vice chair.
(22) 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 this compact.
(23) 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 and shall have the following powers, duties, and
responsibilities:
a. To oversee the day-to-day activities of the
administration of this compact, including enforcement and
compliance with the provisions of this compact, its rules and
bylaws, and other such duties as deemed necessary.
b. To recommend to the commission changes to the rules
or bylaws, changes to this compact legislation, fees charged
to member states, fees charged to licensees, and other fees.
c. To ensure compact administration services are
appropriately provided, including by contract.
d. To prepare and recommend the budget.
e. To maintain financial records on behalf of the
commission.
f. To monitor compact compliance of member states and
provide compliance reports to the commission.
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provide compliance reports to the commission.
g. To establish additional committees as necessary.
h. To exercise the powers and duties of the commission
during interim periods 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. To perform other duties as provided in the rules or
bylaws of the commission.
(2) The executive committee shall be composed of up to
seven members:
a. The chair and vice chair of the commission shall be
voting members of the executive committee.
b. The commission shall elect five voting members from
the current membership of the commission.
(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.
a. Executive committee meetings shall be open to the
public, except that the executive committee may meet in a
closed, non-public meeting as provided in subdivision (f)(2).
b. The executive committee shall give 30 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.
c. The executive committee may hold a special meeting
in accordance with paragraph (f)(1)b.
(e) The commission shall adopt and provide to the
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(e) The commission shall adopt and provide to the
member states an annual report.
(f) Meetings of the commission.
(1) All meetings shall be open to the public, except
that the commission may meet in a closed, nonpublic meeting as
provided in subdivision (2).
a. Public notice for all meetings of the full
commission shall be given in the same manner as required under
the rulemaking provisions in Section 34-26-108, except that
the commission may hold a special meeting as provided in
paragraph b.
b. 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.
(2) The commission, the executive committee, or other
committees of the commission may convene in a closed,
nonpublic meeting for the commission, executive committee, or
other committees of the commission to receive legal advice or
to discuss the following:
a. Noncompliance of a member state with its obligations
under this compact.
b. The employment, compensation, discipline, or other
matters, practices, or procedures related to specific
employees.
c. Current or threatened discipline of a licensee by
the commission or by a member state's licensing authority.
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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 individual of a crime or formally
censuring any individual.
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
privacy.
i. Investigative records compiled for law enforcement
purposes.
j. Information related to any investigative reports
prepared by, 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.
k. Matters specifically exempted from disclosure by
federal or member state law.
l. Other matters as adopted by the commission by rule.
(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
each reference shall be recorded in the minutes.
(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
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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 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.
(2) The commission may accept any and all appropriate
revenue sources as provided in subdivision (c)(14).
(3) The commission may levy on and collect an annual
assessment from each member state and impose fees on licensees
practicing in the member states under an equivalent 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 those
obligations nor shall the commission pledge the credit of any
of the member states, except by and with the authority of the
member state.
(5) The commission shall keep accurate accounts of all
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(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.
(h) Qualified immunity, defense, and indemnification.
(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 such 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
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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
intentional, willful, or wanton misconduct.
(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 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
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(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.
(6) Nothing in this compact shall be construed to be a
waiver of sovereign immunity by the member states or by the
commission.
§34-26-107. Facilitating information exchange.
(a) The commission shall provide for facilitating the
exchange of information to administer and implement the
provisions of this compact in accordance with the rules of the
commission, consistent with generally accepted data protection
principles.
(b) Notwithstanding any other provision of state law to
the contrary, a member state shall agree to provide for the
facilitation of the following licensee information as required
by the rules of the commission, to include the following:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a license and related
information.
(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.
(5) Any denial of application for licensure, and the
reason for the denial.
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reason for the denial.
(6) The presence of investigative information.
(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.
(c) Nothing in this compact shall be deemed or
construed to alter, limit, or inhibit the power of a member
state to control and maintain ownership of its licensee
information or alter, limit, or inhibit the laws or rules
governing licensee information in the member state.
§34-26-108. Rulemaking.
(a) The commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this compact and the
rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each rule or amendment.
(b) The commission shall adopt reasonable rules to
achieve the intent and purpose of this compact. In the event
the commission exercises its rulemaking authority in a manner
that is beyond purpose and intent of this compact, or the
powers granted hereunder, then such an action by the
commission shall be invalid and have no force and effect of
law in the member states.
(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 this compact within four
years of the date of adoption of the rule, then the rule shall
have no further force and effect in any member state.
(d) Rules or amendments to the rules shall be adopted
or ratified at a regular or special meeting of the commission
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or ratified at a regular or special meeting of the commission
in accordance with commission rules and bylaws.
(e) Prior to 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:
(1) On the website of the commission or other publicly
accessible platform.
(2) On the website of each member state licensing
authority or other publicly accessible platform or the
publication in which each state would otherwise publish
proposed rules.
(f) 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 shall be retroactively applied to
the rule as soon as reasonably possible, and in no event later
than 90 days after the effective date of the rule. For the
purposes of this subsection, an emergency rule is one that
must be adopted immediately in order 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 an
administrative rule that is established by federal law or
rule.
(4) Protect public health and safety.
§34-26-109. Oversight, dispute resolution, and
enforcement.
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enforcement.
(a) Oversight.
(1) The executive and judicial branches of the state
government in each member state shall enforce this compact and
take all actions necessary and appropriate to implement this
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, including, but not
limited to, 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 this 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
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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.
(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 this compact upon
an affirmative vote of a supermajority 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 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, the
defaulting state's licensing authority, and each of the member
states' licensing authorities.
(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 within that state of the termination. The
terminated state shall continue to recognize all licenses
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terminated state shall continue to recognize all licenses
granted pursuant to this compact for a minimum of six months
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 this 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 the litigation, including
reasonable attorney fees.
(i) Dispute Resolution.
(1) Upon request by a member state, the commission
shall attempt to resolve disputes related to this 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) 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 this compact and its adopted rules. The relief
sought may include both injunctive relief and damages. In the
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sought may include both injunctive relief and damages. In the
event judicial enforcement is necessary, the prevailing party
shall be awarded all costs of the 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.
(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 this 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 the litigation, including
reasonable attorney fees.
(3) No person other than a member state shall enforce
this compact against the commission.
§34-26-110. Effective date, withdrawal, and amendment.
(a) This 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 this compact
indicated above, 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 the model compact statute.
a. A charter member state whose enactment is found to
be materially different from the model compact statute shall
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be materially different from the model compact statute shall
be entitled to the default process set forth in Section
34-26-109(b).
b. If any member state is later found to be in default,
is terminated, or withdraws from this compact, the commission
shall remain in existence and this compact shall remain in
effect even if the number of member states should be less than
seven.
(2) Member states enacting this compact subsequent to
the charter member states shall be subject to the process set
forth in subdivision (1) to determine if their enactments are
materially different from the model compact statute and
whether they qualify for participation in this compact.
(3) All actions taken for the benefit of the commission
or in furtherance of the purposes of the administration of
this compact prior to the effective date of this compact or
the commission coming into existence shall be considered to be
actions of the commission unless specifically repudiated by
the commission.
a. Any state that joins this 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 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.
b. Any member state may withdraw from this compact by
enacting a statute repealing the same.
(b) A member state's withdrawal shall not take effect
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(b) A member state's withdrawal shall not take effect
until 180 days after enactment of the repealing statute.
(c) 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.
(d) Upon the enactment of a statute withdrawing from
this compact, a state shall immediately provide notice of
withdrawal to all licensees within that state. Notwithstanding
any subsequent statutory enactment to the contrary, the
withdrawing state shall continue to recognize all licenses
granted pursuant to this compact for a minimum of six months
after the date of the notice of withdrawal.
(1) 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.
(2) 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.
§34-26-111. Construction and severability.
(a) This compact and the commission's rulemaking
authority shall be liberally construed so as to effectuate the
purposes, implementation, and administration of this compact.
Provisions of this compact expressly authorizing or requiring
the adoption of rules shall not be construed to limit the
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the adoption of rules shall not be construed to limit the
commission's rulemaking authority solely for those purposes.
(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 this 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 the
applicability thereof to any other government, agency,
individual, or circumstance shall not be affected thereby.
(c) Notwithstanding subsection (b), the commission may
deny a state's participation in this compact or, in accordance
with the requirements of Section 34-26-109(f), terminate a
member state's participation in this compact, if it determines
that a constitutional requirement of a member state is a
material departure from this compact. Otherwise, if this
compact shall be held to be contrary to the constitution of
any member state, this 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.
§34-26-112. Consistent effect and conflict with other
states.
(a) Nothing herein shall prevent or inhibit the
enforcement of any other law of a member state that is not
inconsistent with this compact.
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inconsistent with this compact.
(b) Any laws, statutes, rules, or other legal
requirements in a member state in conflict with this 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.
(d) Nothing in this compact shall be interpreted to
modify, amend, repeal, or supersede any state criminal or
civil liability laws.
(e) In the event the commission adopts rules to
coordinate the implementation or administration of this
compact which conflict with Alabama law, Alabama law shall
supersede those rules, and Alabama state courts shall retain
sole jurisdiction to determine any conflicts.
(f) Alabama state courts shall retain sole jurisdiction
to determine whether provisions of this compact are in
conflict with state laws or the Constitution of Alabama of
2022.
(g) 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 2. This act shall become effective on October
1, 2025.
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1, 2025.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Boards, Agencies and
Commissions
................06-Feb-25
Read for the second time and placed
on the calendar:
1 amendment
................20-Feb-25
Read for the third time and passed
as amended
Yeas 102
Nays 0
Abstains 0
................27-Feb-25
John Treadwell
Clerk
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