Stricken language would be deleted from and underlined language would be added to present law.
*JMB207* 01/23/2025 9:40:32 AM JMB207
State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1217 3
4
By: Representative Nazarenko 5
6
7
For An Act To Be Entitled 8
AN ACT TO ESTABLISH THE INTERSTATE MASSAGE COMPACT IN 9
ARKANSAS; AND FOR OTHER PURPOSES. 10
11
12
Subtitle 13
TO ESTABLISH THE INTERSTATE MASSAGE 14
COMPACT IN ARKANSAS. 15
16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
18
SECTION 1. Arkansas Code Title 17, Chapter 86, is amended to add an 19
additional subchapter to read as follows: 20
Subchapter 4 — Interstate Massage Compact 21
22
17-86-401. Text of compact. 23
The Interstate Massage Compact is enacted into law and entered into by 24
this state with all states legally joining therein and in the form 25
substantially as follows: 26
27
INTERSTATE MASSAGE COMPACT 28
29
ARTICLE 1- PURPOSE 30
The purpose of this Compact is to reduce the burdens on State governments and 31
to facilitate the interstate practice and regulation of Massage Therapy with 32
the goal of improving public access to, and the safety of, Massage Therapy 33
Services. Through this Compact, the Member States seek to establish a 34
regulatory framework which provides for a new multistate licensing 35
program. Through this additional licensing pathway, the Member States seek to 36 HB1217
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provide increased value and mobility to licensed massage therapists in the 1
Member States, while ensuring the provision of safe, competent, and reliable 2
services to the public. 3
4
This Compact is designed to achieve the following objectives, and the Member 5
States hereby ratify the same intentions by subscribing hereto: 6
A. Increase public access to Massage Therapy Services by providing for 7
a multistate licensing pathway; 8
B. Enhance the Member States’ ability to protect the public’s health 9
and safety; 10
C. Enhance the Member States’ ability to prevent human trafficking and 11
licensure fraud; 12
D. Encourage the cooperation of Member States in regulating the 13
multistate Practice of Massage Therapy; 14
E. Support relocating military members and their spouses; 15
F. Facilitate and enhance the exchange of licensure, investigative, 16
and disciplinary information between the Member States; 17
G. Create an Interstate Commission that will exist to implement and 18
administer the Compact; 19
H. Allow a Member State to hold a Licensee accountable, even where 20
that Licensee holds a Multistate License; 21
I. Create a streamlined pathway for Licensees to practice in Member 22
States, thus increasing the mobility of duly licensed massage therapists; and 23
J. Serve the needs of licensed massage therapists and the public 24
receiving their services; however, 25
K. Nothing in this Compact is intended to prevent a State from 26
enforcing its own laws regarding the Practice of Massage Therapy. 27
28
ARTICLE 2- DEFINITIONS 29
As used in this Compact, except as otherwise provided and subject to 30
clarification by the Rules of the Commission, the following definitions shall 31
govern the terms herein: 32
A. “Active Duty Military” - any individual in full -time duty status in the 33
active uniformed service of the United States including members of the 34
National Guard and Reserve. 35
B. “Adverse Action” - any administrative, civil, equitable, or criminal 36 HB1217
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action permitted by a Member State’s laws which is imposed by a Licensing 1
Authority or other regulatory body against a Licensee, including actions 2
against an individual’s Authorization to Practice such as revocation, 3
suspension, probation, surrender in lieu of discipline, monitoring of the 4
Licensee, limitation of the Licensee’s practice, or any other Encumbrance on 5
licensure affecting an individual’s ability to practice Massage Therapy, 6
including the issuance of a cease and desist order. 7
C. “Alternative Program” - a non-disciplinary monitoring or prosecutorial 8
diversion program approved by a Member State’s Licensing Authority. 9
D. “Authorization to Practice” - a legal authorization by a Remote State 10
pursuant to a Multistate License permitting the Practice of Massage Therapy 11
in that Remote State, which shall be subject to the enforcement jurisdiction 12
of the Licensing Authority in that Remote State. 13
E. “Background Check” - the submission of an applicant’s criminal history 14
record information, as further defined in 28 C.F.R. § 20.3(d), as amended 15
from the Federal Bureau of Investigation and the agency responsible for 16
retaining State criminal records in the applicant’s Home State. 17
F. “Charter Member States” - Member States who have enacted legislation to 18
adopt this Compact where such legislation predates the effective date of this 19
Compact as defined in Article 12. 20
G. “Commission” - the government agency whose membership consists of all 21
States that have enacted this Compact, which is known as the Interstate 22
Massage Compact Commission, as defined in Article 8, and which shall operate 23
as an instrumentality of the Member States. 24
H. “Continuing Competence” - a requirement, as a condition of license 25
renewal, to provide evidence of participation in, and completion of, 26
educational or professional activities that maintain, improve, or enhance 27
Massage Therapy fitness to practice. 28
I. “Current Significant Investigative Information” - Investigative 29
Information that a Licensing Authority, after an inquiry or investigation 30
that complies with a Member State’s due process requirements, has reason to 31
believe is not groundless and, if proved true, would indicate a violation of 32
that State’s laws regarding the Practice of Massage Therapy. 33
J. “Data System” - a repository of information about Licensees who hold 34
Multistate Licenses, which may include but is not limited to license status, 35
Investigative Information, and Adverse Actions. 36 HB1217
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K. “Disqualifying Event” - any event which shall disqualify an individual 1
from holding a Multistate License under this Compact, which the Commission 2
may by Rule specify. 3
L. “Encumbrance” - a revocation or suspension of, or any limitation or 4
condition on, the full and unrestricted Practice of Massage Therapy by a 5
Licensing Authority. 6
M. “Executive Committee” - a group of delegates elected or appointed to act 7
on behalf of, and within the powers granted to them by, the Commission. 8
N. “Home State” - means the Member State which is a Licensee’s primary state 9
of residence where the Licensee holds an active Single -State License. 10
O. “Investigative Information” - information, records, or documents received 11
or generated by a Licensing Authority pursuant to an investigation or other 12
inquiry. 13
P. “Licensing Authority” - a State’s regulatory body responsible for issuing 14
Massage Therapy licenses or otherwise overseeing the Practice of Massage 15
Therapy in that State. 16
Q. “Licensee” - an individual who currently holds a license from a Member 17
State to fully practice Massage Therapy, whose license is not a student, 18
provisional, temporary, inactive, or other similar status. 19
R. “Massage Therapy”, “Massage Therapy Services”, and the “Practice of 20
Massage Therapy” - the care and services provided by a Licensee as set forth 21
in the Member State’s statutes and regulations in the State where the 22
services are being provided. 23
S. “Member State” - any State that has adopted this Compact. 24
T. “Multistate License” - a license that consists of Authorizations to 25
Practice Massage Therapy in all Remote States pursuant to this Compact, which 26
shall be subject to the enforcement jurisdiction of the Licensing Authority 27
in a Licensee’s Home State. 28
U. “National Licensing Examination” - A national examination developed by a 29
national association of Massage Therapy regulatory boards, as defined by 30
Commission Rule, that is derived from a practice analysis and is consistent 31
with generally accepted psychometric principles of fairness, validity and 32
reliability, and is administered under secure and confidential examination 33
protocols. 34
V. “Remote State” - any Member State, other than the Licensee’s Home State. 35
W. “Rule” - any opinion or regulation promulgated by the Commission under 36 HB1217
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this Compact, which shall have the force of law. 1
X. “Single-State License” - a current, valid authorization issued by a 2
Member State’s Licensing Authority allowing an individual to fully practice 3
Massage Therapy, that is not a restricted, student, provisional, temporary, 4
or inactive practice authorization and authorizes practice 5
only within the issuing State. 6
Y. “State” - a state, territory, possession of the United States, or the 7
District of Columbia. 8
9
ARTICLE 3- MEMBER STATE REQUIREMENTS 10
A. To be eligible to join this Compact, and to maintain eligibility as a 11
Member State, a State must: 12
1. License and regulate the Practice of Massage Therapy; 13
2. Have a mechanism or entity in place to receive and investigate 14
complaints from the public, regulatory or law enforcement agencies, or the 15
Commission about Licensees practicing in that State; 16
3. Accept passage of a National Licensing Examination as a criterion 17
for Massage Therapy licensure in that State; 18
4. Require that Licensees satisfy educational requirements prior to 19
being licensed to provide Massage Therapy Services to the public in that 20
State; 21
5. Implement procedures for requiring the Background Check of 22
applicants for a Multistate License, and for the reporting of any 23
Disqualifying Events, including but not limited to obtaining and submitting, 24
for each Licensee holding a Multistate License and each applicant for a 25
Multistate License, fingerprint or other biometric -based information to the 26
Federal Bureau of Investigation for Background Checks; receiving the results 27
of the Federal Bureau of Investigation record search on Background Checks and 28
considering the results of such a Background Check in making licensure 29
decisions; 30
6. Have Continuing Competence requirements as a condition for license 31
renewal; 32
7. Participate in the Data System, including through the use of unique 33
identifying numbers as described herein; 34
8. Notify the Commission and other Member States, in compliance with 35
the terms of the Compact and Rules of the Commission, of any disciplinary 36 HB1217
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action taken by the State against a Licensee practicing under a Multistate 1
License in that State, or of the existence of Investigative Information or 2
Current Significant Investigative Information regarding a Licensee practicing 3
in that State pursuant to a Multistate License; 4
9. Comply with the Rules of the Commission; 5
10. Accept Licensees with valid Multistate Licenses from other Member 6
States as established herein; 7
B. Individuals not residing in a Member State shall continue to be able to 8
apply for a Member State’s Single -State License as provided under the laws of 9
each Member State. However, the Single -State License granted to those 10
individuals shall not be recognized as granting a Multistate License for 11
Massage Therapy in any other Member State; 12
C. Nothing in this Compact shall affect the requirements established by a 13
Member State for the issuance of a Single -State License; and 14
D. A Multistate License issued to a Licensee shall be recognized by each 15
Remote State as an Authorization to Practice Massage Therapy in each Remote 16
State. 17
18
ARTICLE 4- MULTISTATE LICENSE REQUIREMENTS 19
A. To qualify for a Multistate License under this Compact, and to maintain 20
eligibility for such a license, an applicant must: 21
1. Hold an active Single -State License to practice Massage Therapy in 22
the applicant’s Home State; 23
2. Have completed at least six hundred and twenty -five (625) clock 24
hours of Massage Therapy education or the substantial equivalent which the 25
Commission may approve by Rule. 26
3. Have passed a National Licensing Examination or the substantial 27
equivalent which the Commission may approve by Rule. 28
4. Submit to a Background Check; 29
5. Have not been convicted or found guilty, or have entered into an 30
agreed disposition, of a felony offense under applicable State or federal 31
criminal law, within five (5) years prior to the date of their application, 32
where such a time period shall not include any time served for the offense, 33
and provided that the applicant has completed any and all requirements 34
arising as a result of any such offense; 35
6. Have not been convicted or found guilty, or have entered into an 36 HB1217
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agreed disposition, of a misdemeanor offense related to the Practice of 1
Massage Therapy under applicable State or federal criminal law, within two 2
(2) years prior to the date of their application where such a time period 3
shall not include any time served for the offense, and provided that the 4
applicant has completed any and all requirements arising as a result of any 5
such offense; 6
7. Have not been convicted or found guilty, or have entered into an 7
agreed disposition, of any offense, whether a misdemeanor or a felony, under 8
State or federal law, at any time, relating to any of the following: 9
a. Kidnapping; 10
b. Human trafficking; 11
c. Human smuggling; 12
d. Sexual battery, sexual assault, or any related offenses; or 13
e. Any other category of offense which the Commission may by Rule 14
designate. 15
8. Have not previously held a Massage Therapy license which was 16
revoked by, or surrendered in lieu of discipline to an applicable Licensing 17
Authority; 18
9. Have no history of any Adverse Action on any occupational or 19
professional license within two (2) years prior to the date of their 20
application; and 21
10. Pay all required fees. 22
B. A Multistate License granted pursuant to this Compact may be effective 23
for a definite period of time concurrent with the renewal of the Home State 24
license. 25
C. A Licensee practicing in a Member State is subject to all scope of 26
practice laws governing Massage Therapy Services in that State. 27
D. The Practice of Massage Therapy under a Multistate License granted 28
pursuant to this Compact will subject the Licensee to the jurisdiction of the 29
Licensing Authority, the courts, and the laws of the Member State in which 30
the Massage Therapy Services are provided. 31
32
ARTICLE 5- AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION AND MEMBER 33
STATE LICENSING AUTHORITIES 34
A. Nothing in this Compact, nor any Rule of the Commission, shall be 35
construed to limit, restrict, or in any way reduce the ability of a Member 36 HB1217
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State to enact and enforce laws, regulations, or other rules related to the 1
Practice of Massage Therapy in that State, where those laws, regulations, or 2
other rules are not inconsistent with the provisions of this Compact. 3
B. Nothing in this Compact, nor any Rule of the Commission, shall be 4
construed to limit, restrict, or in any way reduce the ability of a Member 5
State to take Adverse Action against a Licensee’s Single -State License to 6
practice Massage Therapy in that State. 7
C. Nothing in this Compact, nor any Rule of the Commission, shall be 8
construed to limit, restrict, or in any way reduce the ability of a Remote 9
State to take Adverse Action against a Licensee’s Authorization to Practice 10
in that State. 11
D. Nothing in this Compact, nor any Rule of the Commission, shall be 12
construed to limit, restrict, or in any way reduce the ability of a 13
Licensee’s Home State to take Adverse Action against a Licensee’s Multistate 14
License based upon information provided by a Remote State. 15
E. Insofar as practical, a Member State’s Licensing Authority shall 16
cooperate with the Commission and with each entity exercising independent 17
regulatory authority over the Practice of Massage Therapy according to the 18
provisions of this Compact. 19
20
ARTICLE 6- ADVERSE ACTIONS 21
A. A Licensee’s Home State shall have exclusive power to impose an Adverse 22
Action against a Licensee’s Multistate License issued by the Home State. 23
B. A Home State may take Adverse Action on a Multistate License based on the 24
Investigative Information, Current Significant Investigative Information, or 25
Adverse Action of a Remote State. 26
C. A Home State shall retain authority to complete any pending 27
investigations of a Licensee practicing under a Multistate License who 28
changes their Home State during the course of such an investigation. The 29
Licensing Authority shall also be empowered to report the results of such an 30
investigation to the Commission through the Data System as described herein. 31
D. Any Member State may investigate actual or alleged violations of the 32
scope of practice laws in any other Member State for a massage therapist who 33
holds a Multistate License. 34
E. A Remote State shall have the authority to: 35
1. Take Adverse Actions against a Licensee’s Authorization to 36 HB1217
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Practice; 1
2. Issue cease and desist orders or impose an Encumbrance on a 2
Licensee’s Authorization to Practice in that State. 3
3. Issue subpoenas for both hearings and investigations that require 4
the attendance and testimony of witnesses, as well as the production of 5
evidence. Subpoenas issued by a Licensing Authority in a Member State for the 6
attendance and testimony of witnesses or the production of evidence from 7
another Member State shall be enforced in the latter State by any court of 8
competent jurisdiction, according to the practice and procedure of that court 9
applicable to subpoenas issued in proceedings before it. The issuing 10
Licensing Authority shall pay any witness fees, travel expenses, mileage, and 11
other fees required by the service statutes of the State in which the 12
witnesses or evidence are located. 13
4. If otherwise permitted by State law, recover from the affected 14
Licensee the costs of investigations and disposition of cases resulting from 15
any Adverse Action taken against that Licensee. 16
5. Take Adverse Action against the Licensee’s Authorization to 17
Practice in that State based on the factual findings of another Member State. 18
F. If an Adverse Action is taken by the Home State against a Licensee’s 19
Multistate License or Single -State License to practice in the Home State, the 20
Licensee’s Authorization to Practice in all other Member States shall be 21
deactivated until all Encumbrances have been removed from such license. All 22
Home State disciplinary orders that impose an Adverse Action against a 23
Licensee shall include a statement that the Massage Therapist’s Authorization 24
to Practice is deactivated in all Member States during the pendency of the 25
order. 26
G. If Adverse Action is taken by a Remote State against a Licensee’s 27
Authorization to Practice, that Adverse Action applies to all Authorizations 28
to Practice in all Remote States. A Licensee whose Authorization to Practice 29
in a Remote State is removed for a specified period of time is not eligible 30
to apply for a new Multistate License in any other State until the specific 31
time for removal of the Authorization to Practice has passed and all 32
encumbrance requirements are satisfied. 33
H. Nothing in this Compact shall override a Member State’s authority to 34
accept a Licensee’s participation in an Alternative Program in lieu of 35
Adverse Action. A Licensee’s Multistate License shall be suspended for the 36 HB1217
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duration of the Licensee’s participation in any Alternative Program. 1
I. Joint Investigations 2
1. In addition to the authority granted to a Member State by its 3
respective scope of practice laws or other applicable State law, a Member 4
State may participate with other Member States in joint investigations of 5
Licensees. 6
2. Member States shall share any investigative, litigation, or 7
compliance materials in furtherance of any joint or individual investigation 8
initiated under the Compact. 9
10
ARTICLE 7- ACTIVE DUTY MILITARY AND THEIR SPOUSES 11
Active Duty Military personnel, or their spouses, shall designate a Home 12
State where the individual has a current license to practice Massage Therapy 13
in good standing. The individual may retain their Home State designation 14
during any period of service when that individual or their spouse is on 15
active duty assignment. 16
17
ARTICLE 8- ESTABLISHMENT AND OPERATION OF INTERSTATE MASSAGE COMPACT 18
COMMISSION 19
A. The Compact Member States hereby create and establish a joint government 20
agency whose membership consists of all Member States that have enacted the 21
Compact known as the Interstate Massage Compact Commission. The Commission is 22
an instrumentality of the Compact States acting jointly and not an 23
instrumentality of any one State. The Commission shall come into existence on 24
or after the effective date of the Compact as set forth in Article 12. 25
B. Membership, Voting, and Meetings 26
1. Each Member State shall have and be limited to one (1) delegate 27
selected by that Member State’s State Licensing Authority. 28
2. The delegate shall be the primary administrative officer of the 29
State Licensing Authority or their designee. 30
3. The Commission shall by Rule or bylaw establish a term of office 31
for delegates and may by Rule or bylaw establish term limits. 32
4. The Commission may recommend removal or suspension of any delegate 33
from office. 34
5. A Member State’s State Licensing Authority shall fill any vacancy 35
of its delegate occurring on the Commission within 60 days of the vacancy. 36 HB1217
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6. Each delegate shall be entitled to one vote on all matters that are 1
voted on by the Commission. 2
7. The Commission shall meet at least once during each calendar year. 3
Additional meetings may be held as set forth in the bylaws. The Commission 4
may meet by telecommunication, video conference or other similar electronic 5
means. 6
C. The Commission shall have the following powers: 7
1. Establish the fiscal year of the Commission; 8
2. Establish code of conduct and conflict of interest policies; 9
3. Adopt Rules and bylaws; 10
4. Maintain its financial records in accordance with the bylaws; 11
5. Meet and take such actions as are consistent with the provisions of 12
this Compact, the Commission’s Rules, and the bylaws; 13
6. Initiate and conclude legal proceedings or actions in the name of 14
the Commission, provided that the standing of any State Licensing Authority 15
to sue or be sued under applicable law shall not be affected; 16
7. Maintain and certify records and information provided to a Member 17
State as the authenticated business records of the Commission, and designate 18
an agent to do so on the Commission's behalf; 19
8. Purchase and maintain insurance and bonds; 20
9. Borrow, accept, or contract for services of personnel, including, 21
but not limited to, employees of a Member State; 22
10. Conduct an annual financial review; 23
11. Hire employees, elect or appoint officers, fix compensation, 24
define duties, grant such individuals appropriate authority to carry out the 25
purposes of the Compact, and establish the Commission’s personnel policies 26
and programs relating to conflicts of interest, qualifications of personnel, 27
and other related personnel matters; 28
12. Assess and collect fees; 29
13. Accept any and all appropriate gifts, donations, grants of money, 30
other sources of revenue, equipment, supplies, materials, and services, and 31
receive, utilize, and dispose of the same; provided that at all times the 32
Commission shall avoid any appearance of impropriety or conflict of interest; 33
14. Lease, purchase, retain, own, hold, improve, or use any property, 34
real, personal, or mixed, or any undivided interest therein; 35
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or 36 HB1217
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otherwise dispose of any property real, personal, or mixed; 1
16. Establish a budget and make expenditures; 2
17. Borrow money; 3
18. Appoint committees, including standing committees, composed of 4
members, State regulators, State legislators or their representatives, and 5
consumer representatives, and such other interested persons as may be 6
designated in this Compact and the bylaws; 7
19. Accept and transmit complaints from the public, regulatory or law 8
enforcement agencies, or the Commission, to the relevant Member State(s) 9
regarding potential misconduct of Licensees; 10
20. Elect a Chair, Vice Chair, Secretary and Treasurer and such other 11
officers of the Commission as provided in the Commission’s bylaws; 12
21. Establish and elect an Executive Committee, including a chair and 13
a vice chair; 14
22. Adopt and provide to the Member States an annual report. 15
23. Determine whether a State’s adopted language is materially 16
different from the model Compact language such that the State would not 17
qualify for participation in the Compact; and 18
24. Perform such other functions as may be necessary or appropriate to 19
achieve the purposes of this Compact. 20
D. The Executive Committee 21
1. The Executive Committee shall have the power to act on behalf of 22
the Commission according to the terms of this Compact. The powers, duties, 23
and responsibilities of the Executive Committee shall include: 24
a. Overseeing the day -to-day activities of the administration of 25
the Compact including compliance with the provisions of the Compact, the 26
Commission’s Rules and bylaws, and other such duties as deemed necessary; 27
b. Recommending to the Commission changes to the Rules or 28
bylaws, changes to this Compact legislation, fees charged to Compact Member 29
States, fees charged to Licensees, and other fees; 30
c. Ensuring Compact administration services are appropriately 31
provided, including by contract; 32
d. Preparing and recommending the budget; 33
e. Maintaining financial records on behalf of the Commission; 34
f. Monitoring Compact compliance of Member States and providing 35
compliance reports to the Commission; 36 HB1217
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g. Establishing additional committees as necessary; 1
h. Exercise the powers and duties of the Commission during the 2
interim between Commission meetings, except for adopting or amending Rules, 3
adopting or amending bylaws, and exercising any other powers and duties 4
expressly reserved to the Commission by Rule or bylaw; and 5
i. Other duties as provided in the Rules or bylaws of the 6
Commission. 7
2. The Executive Committee shall be composed of seven voting members 8
and up to two ex-officio members as follows: 9
a. The chair and vice chair of the Commission and any other 10
members of the Commission who serve on the Executive Committee shall be 11
voting members of the Executive Committee; and 12
b. Other than the chair, vice -chair, secretary and treasurer, 13
the Commission shall elect three voting members from the current membership 14
of the Commission. 15
c. The Commission may elect ex -officio, nonvoting members as 16
necessary as follows: 17
i. One ex-officio member who is a representative of the 18
national association of State Massage Therapy regulatory boards 19
ii. One ex-officio member as specified in the Commission’s 20
bylaws. 21
3. The Commission may remove any member of the Executive Committee as 22
provided in the Commission’s bylaws. 23
4. The Executive Committee shall meet at least annually. 24
a. Executive Committee meetings shall be open to the public, 25
except that the Executive Committee may meet in a closed, non -public session 26
of a public meeting when dealing with any of the matters covered under 27
subsection F.4. 28
b. The Executive Committee shall give five business days advance 29
notice of its public meetings, posted on its website and as determined to 30
provide notice to persons with an interest in the public matters the 31
Executive Committee intends to address at those meetings. 32
5. The Executive Committee may hold an emergency meeting when acting 33
for the Commission to: 34
a. Meet an imminent threat to public health, safety, or welfare; 35
b. Prevent a loss of Commission or Participating State funds; or 36 HB1217
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c. Protect public health and safety. 1
E. The Commission shall adopt and provide to the Member States an annual 2
report. 3
F. Meetings of the Commission 4
1. All meetings of the Commission that are not closed pursuant to this 5
subsection shall be open to the public. Notice of public meetings shall be 6
posted on the Commission’s website at least thirty (30) days prior to the 7
public meeting. 8
2. Notwithstanding subsection F.1 of this Article, the Commission may 9
convene an emergency public meeting by providing at least twenty -four (24) 10
hours prior notice on the Commission’s website, and any other means as 11
provided in the Commission’s Rules, for any of the reasons it may dispense 12
with notice of proposed rulemaking under Article 10.L. The Commission’s legal 13
counsel shall certify the that one of the reasons justifying an emergency 14
public meeting has been met. 15
3. Notice of all Commission meetings shall provide the time, date, and 16
location of the meeting, and if the meeting is to be held or accessible via 17
telecommunication, video conference, or other electronic means, the notice 18
shall include the mechanism for access to the meeting. 19
4. The Commission may convene in a closed, non -public meeting for the 20
Commission to discuss: 21
a. Non-compliance of a Member State with its obligations under 22
the Compact; 23
b. The employment, compensation, discipline or other matters, 24
practices or procedures related to specific employees or other matters 25
related to the Commission’s internal personnel practices and procedures; 26
c. Current or threatened discipline of a Licensee by the 27
Commission or by a Member State’s Licensing Authority; 28
d. Current, threatened, or reasonably anticipated litigation; 29
e. Negotiation of contracts for the purchase, lease, or sale of 30
goods, services, or real estate; 31
f. Accusing any person of a crime or formally censuring any 32
person; 33
g. Trade secrets or commercial or financial information that is 34
privileged or confidential; 35
h. Information of a personal nature where disclosure would 36 HB1217
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constitute a clearly unwarranted invasion of personal privacy; 1
i. Investigative records compiled for law enforcement purposes; 2
j. Information related to any investigative reports prepared by 3
or on behalf of or for use of the Commission or other committee charged with 4
responsibility of investigation or determination of compliance issues 5
pursuant to the Compact; 6
k. Legal advice; 7
l. Matters specifically exempted from disclosure to the public 8
by federal or Member State law; or 9
m. Other matters as promulgated by the Commission by Rule. 10
5. If a meeting, or portion of a meeting, is closed, the presiding 11
officer shall state that the meeting will be closed and reference each 12
relevant exempting provision, and such reference shall be recorded in the 13
minutes. 14
6. The Commission shall keep minutes that fully and clearly describe 15
all matters discussed in a meeting and shall provide a full and accurate 16
summary of actions taken, and the reasons therefore, including a description 17
of the views expressed. All documents considered in connection with an action 18
shall be identified in such minutes. All minutes and documents of a closed 19
meeting shall remain under seal, subject to release only by a majority vote 20
of the Commission or order of a court of competent jurisdiction. 21
G. Financing of the Commission 22
1. The Commission shall pay, or provide for the payment of, the 23
reasonable expenses of its establishment, organization, and ongoing 24
activities. 25
2. The Commission may accept any and all appropriate sources of 26
revenue, donations, and grants of money, equipment, supplies, materials, and 27
services. 28
3. The Commission may levy on and collect an annual assessment from 29
each Member State and impose fees on Licensees of Member States to whom it 30
grants a Multistate License to cover the cost of the operations and 31
activities of the Commission and its staff, which must be in a total amount 32
sufficient to cover its annual budget as approved each year for which revenue 33
is not provided by other sources. The aggregate annual assessment amount for 34
Member States shall be allocated based upon a formula that the Commission 35
shall promulgate by Rule. 36 HB1217
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4. The Commission shall not incur obligations of any kind prior to 1
securing the funds adequate to meet the same; nor shall the Commission pledge 2
the credit of any Member States, except by and with the authority of the 3
Member State. 4
5. The Commission shall keep accurate accounts of all receipts and 5
disbursements. The receipts and disbursements of the Commission shall be 6
subject to the financial review and accounting procedures established under 7
its bylaws. All receipts and disbursements of funds handled by the Commission 8
shall be subject to an annual financial review by a certified or licensed 9
public accountant, and the report of the financial review shall be included 10
in and become part of the annual report of the Commission. 11
H. Qualified Immunity, Defense, and Indemnification 12
1. The members, officers, executive director, employees and 13
representatives of the Commission shall be immune from suit and liability, 14
both personally and in their official capacity, for any claim for damage to 15
or loss of property or personal injury or other civil liability caused by or 16
arising out of any actual or alleged act, error, or omission that occurred, 17
or that the person against whom the claim is made had a reasonable basis for 18
believing occurred within the scope of Commission employment, duties or 19
responsibilities; provided that nothing in this paragraph shall be construed 20
to protect any such person from suit or liability for any damage, loss, 21
injury, or liability caused by the intentional or willful or wanton 22
misconduct of that person. The procurement of insurance of any type by the 23
Commission shall not in any way compromise or limit the immunity granted 24
hereunder. 25
2. The Commission shall defend any member, officer, executive 26
director, employee, and representative of the Commission in any civil action 27
seeking to impose liability arising out of any actual or alleged act, error, 28
or omission that occurred within the scope of Commission employment, duties, 29
or responsibilities, or as determined by the Commission that the person 30
against whom the claim is made had a reasonable basis for believing occurred 31
within the scope of Commission employment, duties, or responsibilities; 32
provided that nothing herein shall be construed to prohibit that person from 33
retaining their own counsel at their own expense; and provided further, that 34
the actual or alleged act, error, or omission did not result from that 35
person’s intentional or willful or wanton misconduct. 36 HB1217
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3. The Commission shall indemnify and hold harmless any member, 1
officer, executive director, employee, and representative of the Commission 2
for the amount of any settlement or judgment obtained against that person 3
arising out of any actual or alleged act, error, or omission that occurred 4
within the scope of Commission employment, duties, or responsibilities, or 5
that such person had a reasonable basis for believing occurred within the 6
scope of Commission employment, duties, or responsibilities, provided that 7
the actual or alleged act, error, or omission did not result from the 8
intentional or willful or wanton misconduct of that person. 9
4. Nothing herein shall be construed as a limitation on the liability 10
of any Licensee for professional malpractice or misconduct, which shall be 11
governed solely by any other applicable State laws. 12
5. Nothing in this Compact shall be interpreted to waive or otherwise 13
abrogate a Member State’s State action immunity or State action affirmative 14
defense with respect to antitrust claims under the Sherman Act, Clayton Act, 15
or any other State or federal antitrust or anticompetitive law or regulation. 16
6. Nothing in this Compact shall be construed to be a waiver of 17
sovereign immunity by the Member States or by the Commission. 18
19
ARTICLE 9- DATA SYSTEM 20
A. The Commission shall provide for the development, maintenance, operation, 21
and utilization of a coordinated database and reporting system. 22
B. The Commission shall assign each applicant for a Multistate License a 23
unique identifier, as determined by the Rules of the Commission. 24
C. Notwithstanding any other provision of State law to the contrary, a 25
Member State shall submit a uniform data set to the Data System on all 26
individuals to whom this Compact is applicable as required by the Rules of 27
the Commission, including: 28
1. Identifying information; 29
2. Licensure data; 30
3. Adverse Actions against a license and information related thereto; 31
4. Non-confidential information related to Alternative Program 32
participation, the beginning and ending dates of such participation, and 33
other information related to such participation; 34
5. Any denial of application for licensure, and the reason(s) for such 35
denial (excluding the reporting of any criminal history record information 36 HB1217
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where prohibited by law); 1
6. The existence of Investigative Information; 2
7. The existence presence of Current Significant Investigative 3
Information; and 4
8. Other information that may facilitate the administration of this 5
Compact or the protection of the public, as determined by the Rules of the 6
Commission. 7
D. The records and information provided to a Member State pursuant to this 8
Compact or through the Data System, when certified by the Commission or an 9
agent thereof, shall constitute the authenticated business records of the 10
Commission, and shall be entitled to any associated hearsay exception in any 11
relevant judicial, quasi -judicial or administrative proceedings in a Member 12
State. 13
E. The existence of Current Significant Investigative Information and the 14
existence of Investigative Information pertaining to a Licensee in any Member 15
State will only be available to other Member States. 16
F. It is the responsibility of the Member States to report any Adverse 17
Action against a Licensee who holds a Multistate License and to monitor the 18
database to determine whether Adverse Action has been taken against such a 19
Licensee or License applicant. Adverse Action information pertaining to a 20
Licensee or License applicant in any Member State will be available to any 21
other Member State. 22
G. Member States contributing information to the Data System may designate 23
information that may not be shared with the public without the express 24
permission of the contributing State. 25
H. Any information submitted to the Data System that is subsequently 26
expunged pursuant to federal law or the laws of the Member State contributing 27
the information shall be removed from the Data System. 28
29
ARTICLE 10- RULEMAKING 30
A. The Commission shall promulgate reasonable Rules in order to effectively 31
and efficiently implement and administer the purposes and provisions of the 32
Compact. A Rule shall be invalid and have no force or effect only if a court 33
of competent jurisdiction holds that the Rule is invalid because the 34
Commission exercised its rulemaking authority in a manner that is beyond the 35
scope and purposes of the Compact, or the powers granted hereunder, or based 36 HB1217
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upon another applicable standard of review. 1
B. The Rules of the Commission shall have the force of law in each Member 2
State, provided however that where the Rules of the Commission conflict with 3
the laws of the Member State that establish the Member State’s scope of 4
practice as held by a court of competent jurisdiction, the Rules of the 5
Commission shall be ineffective in that State to the extent of the conflict. 6
C. The Commission shall exercise its Rulemaking powers pursuant to the 7
criteria set forth in this article and the Rules adopted thereunder. Rules 8
shall become binding as of the date specified by the Commission for each 9
Rule. 10
D. If a majority of the legislatures of the Member States rejects a Rule or 11
portion of a Rule, by enactment of a statute or resolution in the same manner 12
used to adopt the Compact within four (4) years of the date of adoption of 13
the Rule, then such Rule shall have no further force and effect in any Member 14
State or to any State applying to participate in the Compact. 15
E. Rules shall be adopted at a regular or special meeting of the Commission. 16
F. Prior to adoption of a proposed Rule, the Commission shall hold a public 17
hearing and allow persons to provide oral and written comments, data, facts, 18
opinions, and arguments. 19
G. Prior to adoption of a proposed Rule by the Commission, and at least 20
thirty (30) days in advance of the meeting at which the Commission will hold 21
a public hearing on the proposed Rule, the Commission shall provide a Notice 22
of Proposed Rulemaking: 23
1. On the website of the Commission or other publicly accessible 24
platform; 25
2. To persons who have requested notice of the Commission’s notices of 26
proposed rulemaking, and 27
3. In such other way(s) as the Commission may by Rule specify. 28
H. The Notice of Proposed Rulemaking shall include: 29
1. The time, date, and location of the public hearing at which the 30
Commission will hear public comments on the proposed Rule and, if different, 31
the time, date, and location of the meeting where the Commission will 32
consider and vote on the proposed Rule; 33
2. If the hearing is held via telecommunication, video conference, or 34
other electronic means, the Commission shall include the mechanism for access 35
to the hearing in the Notice of Proposed Rulemaking; 36 HB1217
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3. The text of the proposed Rule and the reason therefor; 1
4. A request for comments on the proposed Rule from any interested 2
person; and 3
5. The manner in which interested persons may submit written comments. 4
I. All hearings will be recorded. A copy of the recording and all written 5
comments and documents received by the Commission in response to the proposed 6
Rule shall be available to the public. 7
J. Nothing in this article shall be construed as requiring a separate 8
hearing on each Rule. Rules may be grouped for the convenience of the 9
Commission at hearings required by this article. 10
K. The Commission shall, by majority vote of all Commissioners, take final 11
action on the proposed Rule based on the Rulemaking record. 12
1. The Commission may adopt changes to the proposed Rule provided the 13
changes do not enlarge the original purpose of the proposed Rule. 14
2. The Commission shall provide an explanation of the reasons for 15
substantive changes made to the proposed Rule as well as reasons for 16
substantive changes not made that were recommended by commenters. 17
3. The Commission shall determine a reasonable effective date for the 18
Rule. Except for an emergency as provided in subsection L, the effective date 19
of the Rule shall be no sooner than thirty (30) days after the Commission 20
issuing the notice that it adopted or amended the Rule. 21
L. Upon determination that an emergency exists, the Commission may consider 22
and adopt an emergency Rule with 24 hours notice, provided that the usual 23
Rulemaking procedures provided in the Compact and in this article shall be 24
retroactively applied to the Rule as soon as reasonably possible, in no event 25
later than ninety (90) days after the effective date of the Rule. For the 26
purposes of this provision, an emergency Rule is one that must be adopted 27
immediately to: 28
1. Meet an imminent threat to public health, safety, or welfare; 29
2. Prevent a loss of Commission or Member State funds; 30
3. Meet a deadline for the promulgation of a Rule that is established 31
by federal law or rule; or 32
4. Protect public health and safety. 33
M. The Commission or an authorized committee of the Commission may direct 34
revisions to a previously adopted Rule for purposes of correcting 35
typographical errors, errors in format, errors in consistency, or grammatical 36 HB1217
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errors. Public notice of any revisions shall be posted on the website of the 1
Commission. The revision shall be subject to challenge by any person for a 2
period of thirty (30) days after posting. The revision may be challenged only 3
on grounds that the revision results in a material change to a Rule. A 4
challenge shall be made in writing and delivered to the Commission prior to 5
the end of the notice period. If no challenge is made, the revision will take 6
effect without further action. If the revision is challenged, the revision 7
may not take effect without the approval of the Commission. 8
N. No Member State’s rulemaking requirements shall apply under this Compact. 9
10
ARTICLE 11- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 11
A. Oversight 12
1. The executive and judicial branches of State government in each 13
Member State shall enforce this Compact and take all actions necessary and 14
appropriate to implement the Compact. 15
2. Venue is proper and judicial proceedings by or against the 16
Commission shall be brought solely and exclusively in a court of competent 17
jurisdiction where the principal office of the Commission is located. The 18
Commission may waive venue and jurisdictional defenses to the extent it 19
adopts or consents to participate in alternative dispute resolution 20
proceedings. Nothing herein shall affect or limit the selection or propriety 21
of venue in any action against a Licensee for professional malpractice, 22
misconduct or any such similar matter. 23
3. The Commission shall be entitled to receive service of process in 24
any proceeding regarding the enforcement or interpretation of the Compact and 25
shall have standing to intervene in such a proceeding for all purposes. 26
Failure to provide the Commission service of process shall render a judgment 27
or order void as to the Commission, this Compact, or promulgated Rules. 28
B. Default, Technical Assistance, and Termination 29
1. If the Commission determines that a Member State has defaulted in 30
the performance of its obligations or responsibilities under this Compact or 31
the promulgated Rules, the Commission shall provide written notice to the 32
defaulting State. The notice of default shall describe the default, the 33
proposed means of curing the default, and any other action that the 34
Commission may take, and shall offer training and specific technical 35
assistance regarding the default. 36 HB1217
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2. The Commission shall provide a copy of the notice of default to the 1
other Member States. 2
C. If a State in default fails to cure the default, the defaulting State may 3
be terminated from the Compact upon an affirmative vote of a majority of the 4
delegates of the Member States, and all rights, privileges and benefits 5
conferred on that State by this Compact may be terminated on the effective 6
date of termination. A cure of the default does not relieve the offending 7
State of obligations or liabilities incurred during the period of default. 8
D. Termination of membership in the Compact shall be imposed only after all 9
other means of securing compliance have been exhausted. Notice of intent to 10
suspend or terminate shall be given by the Commission to the governor, the 11
majority and minority leaders of the defaulting State’s legislature, the 12
defaulting State’s State Licensing Authority and each of the Member States’ 13
State Licensing Authority. 14
E. A State that has been terminated is responsible for all assessments, 15
obligations, and liabilities incurred through the effective date of 16
termination, including obligations that extend beyond the effective date of 17
termination. 18
F. Upon the termination of a State’s membership from this Compact, that 19
State shall immediately provide notice to all Licensees who hold a Multistate 20
License within that State of such termination. The terminated State shall 21
continue to recognize all licenses granted pursuant to this Compact for a 22
minimum of one hundred eighty (180) days after the date of said notice of 23
termination. 24
G. The Commission shall not bear any costs related to a State that is found 25
to be in default or that has been terminated from the Compact, unless agreed 26
upon in writing between the Commission and the defaulting State. 27
H. The defaulting State may appeal the action of the Commission by 28
petitioning the U.S. District Court for the District of Columbia or the 29
federal district where the Commission has its principal offices. The 30
prevailing party shall be awarded all costs of such litigation, including 31
reasonable attorney’s fees. 32
I. Dispute Resolution 33
1. Upon request by a Member State, the Commission shall attempt to 34
resolve disputes related to the Compact that arise among Member States and 35
between Member and non -Member States. 36 HB1217
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2. The Commission shall promulgate a Rule providing for both mediation 1
and binding dispute resolution for disputes as appropriate. 2
J. Enforcement 3
1. The Commission, in the reasonable exercise of its discretion, shall 4
enforce the provisions of this Compact and the Commission’s Rules. 5
2. By majority vote as provided by Commission Rule, the Commission may 6
initiate legal action against a Member State in default in the United States 7
District Court for the District of Columbia or the federal district where the 8
Commission has its principal offices to enforce compliance with the 9
provisions of the Compact and its promulgated Rules. The relief sought may 10
include both injunctive relief and damages. In the event judicial enforcement 11
is necessary, the prevailing party shall be awarded all costs of such 12
litigation, including reasonable attorney’s fees. The remedies herein shall 13
not be the exclusive remedies of the Commission. The Commission may pursue 14
any other remedies available under federal or the defaulting Member State’s 15
law. 16
3. A Member State may initiate legal action against the Commission in 17
the U.S. District Court for the District of Columbia or the federal district 18
where the Commission has its principal offices to enforce compliance with the 19
provisions of the Compact and its promulgated Rules. The relief sought may 20
include both injunctive relief and damages. In the event judicial enforcement 21
is necessary, the prevailing party shall be awarded all costs of such 22
litigation, including reasonable attorney’s fees. 23
4. No individual or entity other than a Member State may enforce this 24
Compact against the Commission. 25
26
ARTICLE 12- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 27
A. The Compact shall come into effect on the date on which the Compact 28
statute is enacted into law in the seventh Member State. 29
1. On or after the effective date of the Compact, the Commission shall 30
convene and review the enactment of each of the Charter Member States to 31
determine if the statute enacted by each such Charter Member State is 32
materially different than the model Compact statute. 33
a. A Charter Member State whose enactment is found to be 34
materially different from the model Compact statute shall be entitled to the 35
default process set forth in Article 11. 36 HB1217
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b. If any Member State is later found to be in default, or is 1
terminated or withdraws from the Compact, the Commission shall remain in 2
existence and the Compact shall remain in effect even if the number of Member 3
States should be less than seven (7). 4
2. Member States enacting the Compact subsequent to the Charter Member 5
States shall be subject to the process set forth in Article 8.C.23 to 6
determine if their enactments are materially different from the model Compact 7
statute and whether they qualify for participation in the Compact. 8
3. All actions taken for the benefit of the Commission or in 9
furtherance of the purposes of the administration of the Compact prior to the 10
effective date of the Compact or the Commission coming into existence shall 11
be considered to be actions of the Commission unless specifically repudiated 12
by the Commission. 13
4. Any State that joins the Compact shall be subject to the 14
Commission’s Rules and bylaws as they exist on the date on which the Compact 15
becomes law in that State. Any Rule that has been previously adopted by the 16
Commission shall have the full force and effect of law on the day the Compact 17
becomes law in that State. 18
B. Any Member State may withdraw from this Compact by enacting a statute 19
repealing that State’s enactment of the Compact. 20
1. A Member State’s withdrawal shall not take effect until one hundred 21
eighty (180) days after enactment of the repealing statute. 22
2. Withdrawal shall not affect the continuing requirement of the 23
withdrawing State’s Licensing Authority to comply with the investigative and 24
Adverse Action reporting requirements of this Compact prior to the effective 25
date of withdrawal. 26
3. Upon the enactment of a statute withdrawing from this Compact, a 27
State shall immediately provide notice of such withdrawal to all Licensees 28
within that State. Notwithstanding any subsequent statutory enactment to the 29
contrary, such withdrawing State shall continue to recognize all licenses 30
granted pursuant to this Compact for a minimum of 180 days after the date of 31
such notice of withdrawal. 32
C. Nothing contained in this Compact shall be construed to invalidate or 33
prevent any licensure agreement or other cooperative arrangement between a 34
Member State and a non -Member State that does not conflict with the 35
provisions of this Compact. 36 HB1217
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D. This Compact may be amended by the Member States. No amendment to this 1
Compact shall become effective and binding upon any Member State until it is 2
enacted into the laws of all Member States. 3
4
ARTICLE 13. CONSTRUCTION AND SEVERABILITY 5
A. This Compact and the Commission’s rulemaking authority shall be liberally 6
construed so as to effectuate the purposes, and the implementation and 7
administration of the Compact. Provisions of the Compact expressly 8
authorizing or requiring the promulgation of Rules shall not be construed to 9
limit the Commission’s rulemaking authority solely for those purposes. 10
B. The provisions of this Compact shall be severable and if any phrase, 11
clause, sentence or provision of this Compact is held by a court of competent 12
jurisdiction to be contrary to the constitution of any Member State, a State 13
seeking participation in the Compact, or of the United States, or the 14
applicability thereof to any government, agency, person or circumstance is 15
held to be unconstitutional by a court of competent jurisdiction, the 16
validity of the remainder of this Compact and the applicability thereof to 17
any other government, agency, person or circumstance shall not be affected 18
thereby. 19
C. Notwithstanding subsection B of this article, the Commission may deny a 20
State’s participation in the Compact or, in accordance with the requirements 21
of Article 11.B, terminate a Member State’s participation in the Compact, if 22
it determines that a constitutional requirement of a Member State is a 23
material departure from the Compact. Otherwise, if this Compact shall be held 24
to be contrary to the constitution of any Member State, the Compact shall 25
remain in full force and effect as to the remaining Member States and in full 26
force and effect as to the Member State affected as to all severable matters. 27
28
ARTICLE 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 29
30
Nothing herein shall prevent or inhibit the enforcement of any other law of a 31
Member State that is not inconsistent with the Compact. 32
33
Any laws, statutes, regulations, or other legal requirements in a Member 34
State in conflict with the Compact are superseded to the extent of the 35
conflict. 36 HB1217
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1
All permissible agreements between the Commission and the Member States are 2
binding in accordance with their terms. 3
4
17-86-402. Administration of compact — Rules. 5
(a) The Department of Health is the Interstate Massage Compact 6
administrator for this state. 7
(b) The department may adopt rules that are consistent with the 8
Interstate Massage Compact necessary to implement this subchapter. 9
(c) The department is not required to adopt the rules of the 10
Interstate Massage Compact Commission for the rules of the Interstate Massage 11
Compact Commission to be effective in this state. 12
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