Arkansas 2025 Regular Session

Arkansas House Bill HB1217 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 267 of the Regular Session
3		-	JMB207 02-24-2025 09:54:38 JMB207
4		-
5		-	State of Arkansas As Engrossed: H2/13/25 H2/24/25 1
	2	+	JMB207 01/23/2025 9:40:32 AM JMB207
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 HOUSE BILL 1217 3
8	6		4
9	7		By: Representative Nazarenko 5
10		-	~~By: Senator D. Wallace~~ 6
	8	+	6
11	9		7
12	10		For An Act To Be Entitled 8
13	11		AN ACT TO ESTABLISH THE INTERSTATE MASSAGE COMPACT IN 9
14	12		ARKANSAS; AND FOR OTHER PURPOSES. 10
15	13		11
16	14		12
17	15		Subtitle 13
18	16		TO ESTABLISH THE INTERSTATE MASSAGE 14
19	17		COMPACT IN ARKANSAS. 15
20	18		16
21	19		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
22	20		18
23	21		SECTION 1. Arkansas Code Title 17, Chapter 86, is amended to add an 19
24	22		additional subchapter to read as follows: 20
25	23		Subchapter 4 — Interstate Massage Compact 21
26	24		22
27	25		17-86-401. Text of compact. 23
28	26		The Interstate Massage Compact is enacted into law and entered into by 24
29	27		this state with all states legally joining therein and in the form 25
30	28		substantially as follows: 26
31	29		27
32	30		INTERSTATE MASSAGE COMPACT 28
33	31		29
34	32		ARTICLE 1- PURPOSE 30
35	33		The purpose of this Compact is to reduce the burdens on State governments and 31
36	34		to facilitate the interstate practice and regulation of Massage Therapy with 32
37	35		the goal of improving public access to, and the safety of, Massage Therapy 33
38	36		Services. Through this Compact, the Member States seek to establish a 34
39	37		regulatory framework which provides for a new multistate licensing 35
40		-	program. Through this additional licensing pathway, the Member States seek to 36 ~~As Engrossed: H2/13/25 H2/24/25~~ HB1217
	38	+	program. Through this additional licensing pathway, the Member States seek to 36 HB1217
41	39
42		-	2 02-24-2025 09:54:38 JMB207
43		-
44		-
	40	+	2 01/23/2025 9:40:32 AM JMB207
45	41		provide increased value and mobility to licensed massage therapists in the 1
46	42		Member States, while ensuring the provision of safe, competent, and reliable 2
47	43		services to the public. 3
48	44		4
49	45		This Compact is designed to achieve the following objectives, and the Member 5
50	46		States hereby ratify the same intentions by subscribing hereto: 6
51	47		A. Increase public access to Massage Therapy Services by providing for 7
52	48		a multistate licensing pathway; 8
53	49		B. Enhance the Member States’ ability to protect the public’s health 9
54	50		and safety; 10
55	51		C. Enhance the Member States’ ability to prevent human trafficking and 11
56	52		licensure fraud; 12
57	53		D. Encourage the cooperation of Member States in regulating the 13
58	54		multistate Practice of Massage Therapy; 14
59	55		E. Support relocating military members and their spouses; 15
60	56		F. Facilitate and enhance the exchange of licensure, investigative, 16
61	57		and disciplinary information between the Member States; 17
62	58		G. Create an Interstate Commission that will exist to implement and 18
63	59		administer the Compact; 19
64	60		H. Allow a Member State to hold a Licensee accountable, even where 20
65	61		that Licensee holds a Multistate License; 21
66	62		I. Create a streamlined pathway for Licensees to practice in Member 22
67	63		States, thus increasing the mobility of duly licensed massage therapists; and 23
68	64		J. Serve the needs of licensed massage therapists and the public 24
69	65		receiving their services; however, 25
70	66		K. Nothing in this Compact is intended to prevent a State from 26
71	67		enforcing its own laws regarding the Practice of Massage Therapy. 27
72	68		28
73	69		ARTICLE 2- DEFINITIONS 29
74	70		As used in this Compact, except as otherwise provided and subject to 30
75	71		clarification by the Rules of the Commission, the following definitions shall 31
76	72		govern the terms herein: 32
77	73		A. “Active Duty Military” - any individual in full -time duty status in the 33
78	74		active uniformed service of the United States including members of the 34
79	75		National Guard and Reserve. 35
80		-	B. “Adverse Action” - any administrative, civil, equitable, or criminal 36 ~~As Engrossed: H2/13/25 H2/24/25~~ HB1217
	76	+	B. “Adverse Action” - any administrative, civil, equitable, or criminal 36 HB1217
81	77
82		-	3 02-24-2025 09:54:38 JMB207
83		-
84		-
	78	+	3 01/23/2025 9:40:32 AM JMB207
85	79		action permitted by a Member State’s laws which is imposed by a Licensing 1
86	80		Authority or other regulatory body against a Licensee, including actions 2
87	81		against an individual’s Authorization to Practice such as revocation, 3
88	82		suspension, probation, surrender in lieu of discipline, monitoring of the 4
89	83		Licensee, limitation of the Licensee’s practice, or any other Encumbrance on 5
90	84		licensure affecting an individual’s ability to practice Massage Therapy, 6
91	85		including the issuance of a cease and desist order. 7
92	86		C. “Alternative Program” - a non-disciplinary monitoring or prosecutorial 8
93	87		diversion program approved by a Member State’s Licensing Authority. 9
94	88		D. “Authorization to Practice” - a legal authorization by a Remote State 10
95	89		pursuant to a Multistate License permitting the Practice of Massage Therapy 11
96	90		in that Remote State, which shall be subject to the enforcement jurisdiction 12
97	91		of the Licensing Authority in that Remote State. 13
98	92		E. “Background Check” - the submission of an applicant’s criminal history 14
99	93		record information, as further defined in 28 C.F.R. § 20.3(d), as amended 15
100	94		from the Federal Bureau of Investigation and the agency responsible for 16
101	95		retaining State criminal records in the applicant’s Home State. 17
102	96		F. “Charter Member States” - Member States who have enacted legislation to 18
103	97		adopt this Compact where such legislation predates the effective date of this 19
104	98		Compact as defined in Article 12. 20
105	99		G. “Commission” - the government agency whose membership consists of all 21
106	100		States that have enacted this Compact, which is known as the Interstate 22
107	101		Massage Compact Commission, as defined in Article 8, and which shall operate 23
108	102		as an instrumentality of the Member States. 24
109	103		H. “Continuing Competence” - a requirement, as a condition of license 25
110	104		renewal, to provide evidence of participation in, and completion of, 26
111	105		educational or professional activities that maintain, improve, or enhance 27
112	106		Massage Therapy fitness to practice. 28
113	107		I. “Current Significant Investigative Information” - Investigative 29
114	108		Information that a Licensing Authority, after an inquiry or investigation 30
115	109		that complies with a Member State’s due process requirements, has reason to 31
116	110		believe is not groundless and, if proved true, would indicate a violation of 32
117	111		that State’s laws regarding the Practice of Massage Therapy. 33
118	112		J. “Data System” - a repository of information about Licensees who hold 34
119	113		Multistate Licenses, which may include but is not limited to license status, 35
120		-	Investigative Information, and Adverse Actions. 36 ~~As Engrossed: H2/13/25 H2/24/25~~ HB1217
	114	+	Investigative Information, and Adverse Actions. 36 HB1217
121	115
122		-	4 02-24-2025 09:54:38 JMB207
123		-
124		-
	116	+	4 01/23/2025 9:40:32 AM JMB207
125	117		K. “Disqualifying Event” - any event which shall disqualify an individual 1
126	118		from holding a Multistate License under this Compact, which the Commission 2
127	119		may by Rule specify. 3
128	120		L. “Encumbrance” - a revocation or suspension of, or any limitation or 4
129	121		condition on, the full and unrestricted Practice of Massage Therapy by a 5
130	122		Licensing Authority. 6
131	123		M. “Executive Committee” - a group of delegates elected or appointed to act 7
132	124		on behalf of, and within the powers granted to them by, the Commission. 8
133	125		N. “Home State” - means the Member State which is a Licensee’s primary state 9
134	126		of residence where the Licensee holds an active Single -State License. 10
135	127		O. “Investigative Information” - information, records, or documents received 11
136	128		or generated by a Licensing Authority pursuant to an investigation or other 12
137	129		inquiry. 13
138	130		P. “Licensing Authority” - a State’s regulatory body responsible for issuing 14
139	131		Massage Therapy licenses or otherwise overseeing the Practice of Massage 15
140	132		Therapy in that State. 16
141	133		Q. “Licensee” - an individual who currently holds a license from a Member 17
142	134		State to fully practice Massage Therapy, whose license is not a student, 18
143	135		provisional, temporary, inactive, or other similar status. 19
144	136		R. “Massage Therapy”, “Massage Therapy Services”, and the “Practice of 20
145	137		Massage Therapy” - the care and services provided by a Licensee as set forth 21
146	138		in the Member State’s statutes and regulations in the State where the 22
147	139		services are being provided. 23
148	140		S. “Member State” - any State that has adopted this Compact. 24
149	141		T. “Multistate License” - a license that consists of Authorizations to 25
150	142		Practice Massage Therapy in all Remote States pursuant to this Compact, which 26
151	143		shall be subject to the enforcement jurisdiction of the Licensing Authority 27
152	144		in a Licensee’s Home State. 28
153	145		U. “National Licensing Examination” - A national examination developed by a 29
154	146		national association of Massage Therapy regulatory boards, as defined by 30
155	147		Commission Rule, that is derived from a practice analysis and is consistent 31
156	148		with generally accepted psychometric principles of fairness, validity and 32
157	149		reliability, and is administered under secure and confidential examination 33
158	150		protocols. 34
159	151		V. “Remote State” - any Member State, other than the Licensee’s Home State. 35
160		-	W. “Rule” - any opinion or regulation promulgated by the Commission under 36 ~~As Engrossed: H2/13/25 H2/24/25~~ HB1217
	152	+	W. “Rule” - any opinion or regulation promulgated by the Commission under 36 HB1217
161	153
162		-	5 02-24-2025 09:54:38 JMB207
163		-
164		-
	154	+	5 01/23/2025 9:40:32 AM JMB207
165	155		this Compact, which shall have the force of law. 1
166	156		X. “Single-State License” - a current, valid authorization issued by a 2
167	157		Member State’s Licensing Authority allowing an individual to fully practice 3
168	158		Massage Therapy, that is not a restricted, student, provisional, temporary, 4
169	159		or inactive practice authorization and authorizes practice 5
170	160		only within the issuing State. 6
171	161		Y. “State” - a state, territory, possession of the United States, or the 7
172	162		District of Columbia. 8
173	163		9
174	164		ARTICLE 3- MEMBER STATE REQUIREMENTS 10
175	165		A. To be eligible to join this Compact, and to maintain eligibility as a 11
176	166		Member State, a State must: 12
177	167		1. License and regulate the Practice of Massage Therapy; 13
178	168		2. Have a mechanism or entity in place to receive and investigate 14
179	169		complaints from the public, regulatory or law enforcement agencies, or the 15
180	170		Commission about Licensees practicing in that State; 16
181	171		3. Accept passage of a National Licensing Examination as a criterion 17
182	172		for Massage Therapy licensure in that State; 18
183	173		4. Require that Licensees satisfy educational requirements prior to 19
184	174		being licensed to provide Massage Therapy Services to the public in that 20
185	175		State; 21
186	176		5. Implement procedures for requiring the Background Check of 22
187	177		applicants for a Multistate License, and for the reporting of any 23
188	178		Disqualifying Events, including but not limited to obtaining and submitting, 24
189	179		for each Licensee holding a Multistate License and each applicant for a 25
190	180		Multistate License, fingerprint or other biometric -based information to the 26
191	181		Federal Bureau of Investigation for Background Checks; receiving the results 27
192	182		of the Federal Bureau of Investigation record search on Background Checks and 28
193	183		considering the results of such a Background Check in making licensure 29
194	184		decisions; 30
195	185		6. Have Continuing Competence requirements as a condition for license 31
196	186		renewal; 32
197	187		7. Participate in the Data System, including through the use of unique 33
198	188		identifying numbers as described herein; 34
199	189		8. Notify the Commission and other Member States, in compliance with 35
200		-	the terms of the Compact and Rules of the Commission, of any disciplinary 36 ~~As Engrossed: H2/13/25 H2/24/25~~ HB1217
	190	+	the terms of the Compact and Rules of the Commission, of any disciplinary 36 HB1217
201	191
202		-	6 02-24-2025 09:54:38 JMB207
203		-
204		-
	192	+	6 01/23/2025 9:40:32 AM JMB207
205	193		action taken by the State against a Licensee practicing under a Multistate 1
206	194		License in that State, or of the existence of Investigative Information or 2
207	195		Current Significant Investigative Information regarding a Licensee practicing 3
208	196		in that State pursuant to a Multistate License; 4
209	197		9. Comply with the Rules of the Commission; 5
210	198		10. Accept Licensees with valid Multistate Licenses from other Member 6
211	199		States as established herein; 7
212	200		B. Individuals not residing in a Member State shall continue to be able to 8
213	201		apply for a Member State’s Single -State License as provided under the laws of 9
214	202		each Member State. However, the Single -State License granted to those 10
215	203		individuals shall not be recognized as granting a Multistate License for 11
216	204		Massage Therapy in any other Member State; 12
217	205		C. Nothing in this Compact shall affect the requirements established by a 13
218	206		Member State for the issuance of a Single -State License; and 14
219	207		D. A Multistate License issued to a Licensee shall be recognized by each 15
220	208		Remote State as an Authorization to Practice Massage Therapy in each Remote 16
221	209		State. 17
222	210		18
223	211		ARTICLE 4- MULTISTATE LICENSE REQUIREMENTS 19
224	212		A. To qualify for a Multistate License under this Compact, and to maintain 20
225	213		eligibility for such a license, an applicant must: 21
226	214		1. Hold an active Single -State License to practice Massage Therapy in 22
227	215		the applicant’s Home State; 23
228	216		2. Have completed at least six hundred and twenty -five (625) clock 24
229	217		hours of Massage Therapy education or the substantial equivalent which the 25
230	218		Commission may approve by Rule. 26
231	219		3. Have passed a National Licensing Examination or the substantial 27
232	220		equivalent which the Commission may approve by Rule. 28
233	221		4. Submit to a Background Check; 29
234	222		5. Have not been convicted or found guilty, or have entered into an 30
235	223		agreed disposition, of a felony offense under applicable State or federal 31
236	224		criminal law, within five (5) years prior to the date of their application, 32
237	225		where such a time period shall not include any time served for the offense, 33
238	226		and provided that the applicant has completed any and all requirements 34
239	227		arising as a result of any such offense; 35
240		-	6. Have not been convicted or found guilty, or have entered into an 36 ~~As Engrossed: H2/13/25 H2/24/25~~ HB1217
	228	+	6. Have not been convicted or found guilty, or have entered into an 36 HB1217
241	229
242		-	7 02-24-2025 09:54:38 JMB207
243		-
244		-
	230	+	7 01/23/2025 9:40:32 AM JMB207
245	231		agreed disposition, of a misdemeanor offense related to the Practice of 1
246	232		Massage Therapy under applicable State or federal criminal law, within two 2
247	233		(2) years prior to the date of their application where such a time period 3
248	234		shall not include any time served for the offense, and provided that the 4
249	235		applicant has completed any and all requirements arising as a result of any 5
250	236		such offense; 6
251	237		7. Have not been convicted or found guilty, or have entered into an 7
252	238		agreed disposition, of any offense, whether a misdemeanor or a felony, under 8
253	239		State or federal law, at any time, relating to any of the following: 9
254	240		a. Kidnapping; 10
255	241		b. Human trafficking; 11
256	242		c. Human smuggling; 12
257	243		d. Sexual battery, sexual assault, or any related offenses; or 13
258	244		e. Any other category of offense which the Commission may by Rule 14
259	245		designate. 15
260	246		8. Have not previously held a Massage Therapy license which was 16
261	247		revoked by, or surrendered in lieu of discipline to an applicable Licensing 17
262	248		Authority; 18
263	249		9. Have no history of any Adverse Action on any occupational or 19
264	250		professional license within two (2) years prior to the date of their 20
265	251		application; and 21
266	252		10. Pay all required fees. 22
267	253		B. A Multistate License granted pursuant to this Compact may be effective 23
268	254		for a definite period of time concurrent with the renewal of the Home State 24
269	255		license. 25
270	256		C. A Licensee practicing in a Member State is subject to all scope of 26
271	257		practice laws governing Massage Therapy Services in that State. 27
272	258		D. The Practice of Massage Therapy under a Multistate License granted 28
273	259		pursuant to this Compact will subject the Licensee to the jurisdiction of the 29
274	260		Licensing Authority, the courts, and the laws of the Member State in which 30
275	261		the Massage Therapy Services are provided. 31
276	262		32
277	263		ARTICLE 5- AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION AND MEMBER 33
278	264		STATE LICENSING AUTHORITIES 34
279	265		A. Nothing in this Compact, nor any Rule of the Commission, shall be 35
280		-	construed to limit, restrict, or in any way reduce the ability of a Member 36 ~~As Engrossed: H2/13/25 H2/24/25~~ HB1217
	266	+	construed to limit, restrict, or in any way reduce the ability of a Member 36 HB1217
281	267
282		-	8 02-24-2025 09:54:38 JMB207
283		-
284		-
	268	+	8 01/23/2025 9:40:32 AM JMB207
285	269		State to enact and enforce laws, regulations, or other rules related to the 1
286	270		Practice of Massage Therapy in that State, where those laws, regulations, or 2
287	271		other rules are not inconsistent with the provisions of this Compact. 3
288	272		B. Nothing in this Compact, nor any Rule of the Commission, shall be 4
289	273		construed to limit, restrict, or in any way reduce the ability of a Member 5
290	274		State to take Adverse Action against a Licensee’s Single -State License to 6
291	275		practice Massage Therapy in that State. 7
292	276		C. Nothing in this Compact, nor any Rule of the Commission, shall be 8
293	277		construed to limit, restrict, or in any way reduce the ability of a Remote 9
294	278		State to take Adverse Action against a Licensee’s Authorization to Practice 10
295	279		in that State. 11
296	280		D. Nothing in this Compact, nor any Rule of the Commission, shall be 12
297	281		construed to limit, restrict, or in any way reduce the ability of a 13
298	282		Licensee’s Home State to take Adverse Action against a Licensee’s Multistate 14
299	283		License based upon information provided by a Remote State. 15
300	284		E. Insofar as practical, a Member State’s Licensing Authority shall 16
301	285		cooperate with the Commission and with each entity exercising independent 17
302	286		regulatory authority over the Practice of Massage Therapy according to the 18
303	287		provisions of this Compact. 19
304	288		20
305	289		ARTICLE 6- ADVERSE ACTIONS 21
306	290		A. A Licensee’s Home State shall have exclusive power to impose an Adverse 22
307	291		Action against a Licensee’s Multistate License issued by the Home State. 23
308	292		B. A Home State may take Adverse Action on a Multistate License based on the 24
309	293		Investigative Information, Current Significant Investigative Information, or 25
310	294		Adverse Action of a Remote State. 26
311	295		C. A Home State shall retain authority to complete any pending 27
312	296		investigations of a Licensee practicing under a Multistate License who 28
313	297		changes their Home State during the course of such an investigation. The 29
314	298		Licensing Authority shall also be empowered to report the results of such an 30
315	299		investigation to the Commission through the Data System as described herein. 31
316	300		D. Any Member State may investigate actual or alleged violations of the 32
317	301		scope of practice laws in any other Member State for a massage therapist who 33
318	302		holds a Multistate License. 34
319	303		E. A Remote State shall have the authority to: 35
320		-	1. Take Adverse Actions against a Licensee’s Authorization to 36 ~~As Engrossed: H2/13/25 H2/24/25~~ HB1217
	304	+	1. Take Adverse Actions against a Licensee’s Authorization to 36 HB1217
321	305
322		-	9 02-24-2025 09:54:38 JMB207
323		-
324		-
	306	+	9 01/23/2025 9:40:32 AM JMB207
325	307		Practice; 1
326	308		2. Issue cease and desist orders or impose an Encumbrance on a 2
327	309		Licensee’s Authorization to Practice in that State. 3
328	310		3. Issue subpoenas for both hearings and investigations that require 4
329	311		the attendance and testimony of witnesses, as well as the production of 5
330	312		evidence. Subpoenas issued by a Licensing Authority in a Member State for the 6
331	313		attendance and testimony of witnesses or the production of evidence from 7
332	314		another Member State shall be enforced in the latter State by any court of 8
333	315		competent jurisdiction, according to the practice and procedure of that court 9
334	316		applicable to subpoenas issued in proceedings before it. The issuing 10
335	317		Licensing Authority shall pay any witness fees, travel expenses, mileage, and 11
336	318		other fees required by the service statutes of the State in which the 12
337	319		witnesses or evidence are located. 13
338	320		4. If otherwise permitted by State law, recover from the affected 14
339	321		Licensee the costs of investigations and disposition of cases resulting from 15
340	322		any Adverse Action taken against that Licensee. 16
341	323		5. Take Adverse Action against the Licensee’s Authorization to 17
342	324		Practice in that State based on the factual findings of another Member State. 18
343	325		F. If an Adverse Action is taken by the Home State against a Licensee’s 19
344	326		Multistate License or Single -State License to practice in the Home State, the 20
345	327		Licensee’s Authorization to Practice in all other Member States shall be 21
346	328		deactivated until all Encumbrances have been removed from such license. All 22
347	329		Home State disciplinary orders that impose an Adverse Action against a 23
348	330		Licensee shall include a statement that the Massage Therapist’s Authorization 24
349	331		to Practice is deactivated in all Member States during the pendency of the 25
350	332		order. 26
351	333		G. If Adverse Action is taken by a Remote State against a Licensee’s 27
352	334		Authorization to Practice, that Adverse Action applies to all Authorizations 28
353	335		to Practice in all Remote States. A Licensee whose Authorization to Practice 29
354	336		in a Remote State is removed for a specified period of time is not eligible 30
355	337		to apply for a new Multistate License in any other State until the specific 31
356	338		time for removal of the Authorization to Practice has passed and all 32
357	339		encumbrance requirements are satisfied. 33
358	340		H. Nothing in this Compact shall override a Member State’s authority to 34
359	341		accept a Licensee’s participation in an Alternative Program in lieu of 35
360		-	Adverse Action. A Licensee’s Multistate License shall be suspended for the 36 ~~As Engrossed: H2/13/25 H2/24/25~~ HB1217
	342	+	Adverse Action. A Licensee’s Multistate License shall be suspended for the 36 HB1217
361	343
362		-	10 02-24-2025 09:54:38 JMB207
363		-
364		-
	344	+	10 01/23/2025 9:40:32 AM JMB207
365	345		duration of the Licensee’s participation in any Alternative Program. 1
366	346		I. Joint Investigations 2
367	347		1. In addition to the authority granted to a Member State by its 3
368	348		respective scope of practice laws or other applicable State law, a Member 4
369	349		State may participate with other Member States in joint investigations of 5
370	350		Licensees. 6
371	351		2. Member States shall share any investigative, litigation, or 7
372	352		compliance materials in furtherance of any joint or individual investigation 8
373	353		initiated under the Compact. 9
374	354		10
375	355		ARTICLE 7- ACTIVE DUTY MILITARY AND THEIR SPOUSES 11
376	356		Active Duty Military personnel, or their spouses, shall designate a Home 12
377	357		State where the individual has a current license to practice Massage Therapy 13
378	358		in good standing. The individual may retain their Home State designation 14
379	359		during any period of service when that individual or their spouse is on 15
380	360		active duty assignment. 16
381	361		17
382	362		ARTICLE 8- ESTABLISHMENT AND OPERATION OF INTERSTATE MASSAGE COMPACT 18
383	363		COMMISSION 19
384	364		A. The Compact Member States hereby create and establish a joint government 20
385	365		agency whose membership consists of all Member States that have enacted the 21
386	366		Compact known as the Interstate Massage Compact Commission. The Commission is 22
387	367		an instrumentality of the Compact States acting jointly and not an 23
388	368		instrumentality of any one State. The Commission shall come into existence on 24
389	369		or after the effective date of the Compact as set forth in Article 12. 25
390	370		B. Membership, Voting, and Meetings 26
391	371		1. Each Member State shall have and be limited to one (1) delegate 27
392	372		selected by that Member State’s State Licensing Authority. 28
393	373		2. The delegate shall be the primary administrative officer of the 29
394	374		State Licensing Authority or their designee. 30
395	375		3. The Commission shall by Rule or bylaw establish a term of office 31
396	376		for delegates and may by Rule or bylaw establish term limits. 32
397	377		4. The Commission may recommend removal or suspension of any delegate 33
398	378		from office. 34
399	379		5. A Member State’s State Licensing Authority shall fill any vacancy 35
400		-	of its delegate occurring on the Commission within 60 days of the vacancy. 36 ~~As Engrossed: H2/13/25 H2/24/25~~ HB1217
	380	+	of its delegate occurring on the Commission within 60 days of the vacancy. 36 HB1217
401	381
402		-	11 02-24-2025 09:54:38 JMB207
403		-
404		-
	382	+	11 01/23/2025 9:40:32 AM JMB207
405	383		6. Each delegate shall be entitled to one vote on all matters that are 1
406	384		voted on by the Commission. 2
407	385		7. The Commission shall meet at least once during each calendar year. 3
408	386		Additional meetings may be held as set forth in the bylaws. The Commission 4
409	387		may meet by telecommunication, video conference or other similar electronic 5
410	388		means. 6
411	389		C. The Commission shall have the following powers: 7
412	390		1. Establish the fiscal year of the Commission; 8
413	391		2. Establish code of conduct and conflict of interest policies; 9
414	392		3. Adopt Rules and bylaws; 10
415	393		4. Maintain its financial records in accordance with the bylaws; 11
416	394		5. Meet and take such actions as are consistent with the provisions of 12
417	395		this Compact, the Commission’s Rules, and the bylaws; 13
418	396		6. Initiate and conclude legal proceedings or actions in the name of 14
419	397		the Commission, provided that the standing of any State Licensing Authority 15
420	398		to sue or be sued under applicable law shall not be affected; 16
421	399		7. Maintain and certify records and information provided to a Member 17
422	400		State as the authenticated business records of the Commission, and designate 18
423	401		an agent to do so on the Commission's behalf; 19
424	402		8. Purchase and maintain insurance and bonds; 20
425	403		9. Borrow, accept, or contract for services of personnel, including, 21
426	404		but not limited to, employees of a Member State; 22
427	405		10. Conduct an annual financial review; 23
428	406		11. Hire employees, elect or appoint officers, fix compensation, 24
429	407		define duties, grant such individuals appropriate authority to carry out the 25
430	408		purposes of the Compact, and establish the Commission’s personnel policies 26
431	409		and programs relating to conflicts of interest, qualifications of personnel, 27
432	410		and other related personnel matters; 28
433	411		12. Assess and collect fees; 29
434	412		13. Accept any and all appropriate gifts, donations, grants of money, 30
435	413		other sources of revenue, equipment, supplies, materials, and services, and 31
436	414		receive, utilize, and dispose of the same; provided that at all times the 32
437	415		Commission shall avoid any appearance of impropriety or conflict of interest; 33
438	416		14. Lease, purchase, retain, own, hold, improve, or use any property, 34
439	417		real, personal, or mixed, or any undivided interest therein; 35
440		-	15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or 36 ~~As Engrossed: H2/13/25 H2/24/25~~ HB1217
	418	+	15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or 36 HB1217
441	419
442		-	12 02-24-2025 09:54:38 JMB207
443		-
444		-
	420	+	12 01/23/2025 9:40:32 AM JMB207
445	421		otherwise dispose of any property real, personal, or mixed; 1
446	422		16. Establish a budget and make expenditures; 2
447	423		17. Borrow money; 3
448	424		18. Appoint committees, including standing committees, composed of 4
449	425		members, State regulators, State legislators or their representatives, and 5
450	426		consumer representatives, and such other interested persons as may be 6
451	427		designated in this Compact and the bylaws; 7
452	428		19. Accept and transmit complaints from the public, regulatory or law 8
453	429		enforcement agencies, or the Commission, to the relevant Member State(s) 9
454	430		regarding potential misconduct of Licensees; 10
455	431		20. Elect a Chair, Vice Chair, Secretary and Treasurer and such other 11
456	432		officers of the Commission as provided in the Commission’s bylaws; 12
457	433		21. Establish and elect an Executive Committee, including a chair and 13
458	434		a vice chair; 14
459	435		22. Adopt and provide to the Member States an annual report. 15
460	436		23. Determine whether a State’s adopted language is materially 16
461	437		different from the model Compact language such that the State would not 17
462	438		qualify for participation in the Compact; and 18
463	439		24. Perform such other functions as may be necessary or appropriate to 19
464	440		achieve the purposes of this Compact. 20
465	441		D. The Executive Committee 21
466	442		1. The Executive Committee shall have the power to act on behalf of 22
467	443		the Commission according to the terms of this Compact. The powers, duties, 23
468	444		and responsibilities of the Executive Committee shall include: 24
469	445		a. Overseeing the day -to-day activities of the administration of 25
470	446		the Compact including compliance with the provisions of the Compact, the 26
471	447		Commission’s Rules and bylaws, and other such duties as deemed necessary; 27
472	448		b. Recommending to the Commission changes to the Rules or 28
473	449		bylaws, changes to this Compact legislation, fees charged to Compact Member 29
474	450		States, fees charged to Licensees, and other fees; 30
475	451		c. Ensuring Compact administration services are appropriately 31
476	452		provided, including by contract; 32
477	453		d. Preparing and recommending the budget; 33
478	454		e. Maintaining financial records on behalf of the Commission; 34
479	455		f. Monitoring Compact compliance of Member States and providing 35
480		-	compliance reports to the Commission; 36 ~~As Engrossed: H2/13/25 H2/24/25~~ HB1217
	456	+	compliance reports to the Commission; 36 HB1217
481	457
482		-	13 02-24-2025 09:54:38 JMB207
483		-
484		-
	458	+	13 01/23/2025 9:40:32 AM JMB207
485	459		g. Establishing additional committees as necessary; 1
486	460		h. Exercise the powers and duties of the Commission during the 2
487	461		interim between Commission meetings, except for adopting or amending Rules, 3
488	462		adopting or amending bylaws, and exercising any other powers and duties 4
489	463		expressly reserved to the Commission by Rule or bylaw; and 5
490	464		i. Other duties as provided in the Rules or bylaws of the 6
491	465		Commission. 7
492	466		2. The Executive Committee shall be composed of seven voting members 8
493	467		and up to two ex-officio members as follows: 9
494	468		a. The chair and vice chair of the Commission and any other 10
495	469		members of the Commission who serve on the Executive Committee shall be 11
496	470		voting members of the Executive Committee; and 12
497	471		b. Other than the chair, vice -chair, secretary and treasurer, 13
498	472		the Commission shall elect three voting members from the current membership 14
499	473		of the Commission. 15
500	474		c. The Commission may elect ex -officio, nonvoting members as 16
501	475		necessary as follows: 17
502	476		i. One ex-officio member who is a representative of the 18
503	477		national association of State Massage Therapy regulatory boards 19
504	478		ii. One ex-officio member as specified in the Commission’s 20
505	479		bylaws. 21
506	480		3. The Commission may remove any member of the Executive Committee as 22
507	481		provided in the Commission’s bylaws. 23
508	482		4. The Executive Committee shall meet at least annually. 24
509	483		a. Executive Committee meetings shall be open to the public, 25
510	484		except that the Executive Committee may meet in a closed, non -public session 26
511	485		of a public meeting when dealing with any of the matters covered under 27
512	486		subsection F.4. 28
513	487		b. The Executive Committee shall give five business days advance 29
514	488		notice of its public meetings, posted on its website and as determined to 30
515	489		provide notice to persons with an interest in the public matters the 31
516	490		Executive Committee intends to address at those meetings. 32
517	491		5. The Executive Committee may hold an emergency meeting when acting 33
518	492		for the Commission to: 34
519	493		a. Meet an imminent threat to public health, safety, or welfare; 35
520		-	b. Prevent a loss of Commission or Participating State funds; or 36 ~~As Engrossed: H2/13/25 H2/24/25~~ HB1217
	494	+	b. Prevent a loss of Commission or Participating State funds; or 36 HB1217
521	495
522		-	14 02-24-2025 09:54:38 JMB207
523		-
524		-
	496	+	14 01/23/2025 9:40:32 AM JMB207
525	497		c. Protect public health and safety. 1
526	498		E. The Commission shall adopt and provide to the Member States an annual 2
527	499		report. 3
528	500		F. Meetings of the Commission 4
529	501		1. All meetings of the Commission that are not closed pursuant to this 5
530	502		subsection shall be open to the public. Notice of public meetings shall be 6
531	503		posted on the Commission’s website at least thirty (30) days prior to the 7
532	504		public meeting. 8
533	505		2. Notwithstanding subsection F.1 of this Article, the Commission may 9
534	506		convene an emergency public meeting by providing at least twenty -four (24) 10
535	507		hours prior notice on the Commission’s website, and any other means as 11
536	508		provided in the Commission’s Rules, for any of the reasons it may dispense 12
537	509		with notice of proposed rulemaking under Article 10.L. The Commission’s legal 13
538	510		counsel shall certify the that one of the reasons justifying an emergency 14
539	511		public meeting has been met. 15
540	512		3. Notice of all Commission meetings shall provide the time, date, and 16
541	513		location of the meeting, and if the meeting is to be held or accessible via 17
542	514		telecommunication, video conference, or other electronic means, the notice 18
543	515		shall include the mechanism for access to the meeting. 19
544	516		4. The Commission may convene in a closed, non -public meeting for the 20
545	517		Commission to discuss: 21
546	518		a. Non-compliance of a Member State with its obligations under 22
547	519		the Compact; 23
548	520		b. The employment, compensation, discipline or other matters, 24
549	521		practices or procedures related to specific employees or other matters 25
550	522		related to the Commission’s internal personnel practices and procedures; 26
551	523		c. Current or threatened discipline of a Licensee by the 27
552	524		Commission or by a Member State’s Licensing Authority; 28
553	525		d. Current, threatened, or reasonably anticipated litigation; 29
554	526		e. Negotiation of contracts for the purchase, lease, or sale of 30
555	527		goods, services, or real estate; 31
556	528		f. Accusing any person of a crime or formally censuring any 32
557	529		person; 33
558	530		g. Trade secrets or commercial or financial information that is 34
559	531		privileged or confidential; 35
560		-	h. Information of a personal nature where disclosure would 36 ~~As Engrossed: H2/13/25 H2/24/25~~ HB1217
	532	+	h. Information of a personal nature where disclosure would 36 HB1217
561	533
562		-	15 02-24-2025 09:54:38 JMB207
563		-
564		-
	534	+	15 01/23/2025 9:40:32 AM JMB207
565	535		constitute a clearly unwarranted invasion of personal privacy; 1
566	536		i. Investigative records compiled for law enforcement purposes; 2
567	537		j. Information related to any investigative reports prepared by 3
568	538		or on behalf of or for use of the Commission or other committee charged with 4
569	539		responsibility of investigation or determination of compliance issues 5
570	540		pursuant to the Compact; 6
571	541		k. Legal advice; 7
572	542		l. Matters specifically exempted from disclosure to the public 8
573	543		by federal or Member State law; or 9
574	544		m. Other matters as promulgated by the Commission by Rule. 10
575	545		5. If a meeting, or portion of a meeting, is closed, the presiding 11
576	546		officer shall state that the meeting will be closed and reference each 12
577	547		relevant exempting provision, and such reference shall be recorded in the 13
578	548		minutes. 14
579	549		6. The Commission shall keep minutes that fully and clearly describe 15
580	550		all matters discussed in a meeting and shall provide a full and accurate 16
581	551		summary of actions taken, and the reasons therefore, including a description 17
582	552		of the views expressed. All documents considered in connection with an action 18
583	553		shall be identified in such minutes. All minutes and documents of a closed 19
584	554		meeting shall remain under seal, subject to release only by a majority vote 20
585	555		of the Commission or order of a court of competent jurisdiction. 21
586	556		G. Financing of the Commission 22
587	557		1. The Commission shall pay, or provide for the payment of, the 23
588	558		reasonable expenses of its establishment, organization, and ongoing 24
589	559		activities. 25
590	560		2. The Commission may accept any and all appropriate sources of 26
591	561		revenue, donations, and grants of money, equipment, supplies, materials, and 27
592	562		services. 28
593	563		3. The Commission may levy on and collect an annual assessment from 29
594		-	each Member State or impose fees on ~~other parties~~ to ~~cover the cost of the~~ 30
595		-	~~operations and activities~~ of the ~~Commission~~ and ~~its staff, which must be in a~~ 31
596		-	total amount ~~sufficient to cover its annual budget as approved each year for~~ 32
597		-	which revenue ~~is not provided by other sources. The aggregate annual~~ 33
598		-	assessment amount ~~shall be allocated based upon a formula to be determined by~~ 34
599		-	the Commission~~, which shall promulgate a Rule binding upon all Member States.~~35
600		-	~~4. The Commission~~ shall ~~not incur obligations of any kind prior to~~ 36 ~~As Engrossed: H2/13/25 H2/24/25~~ HB1217
	564	+	each Member State and impose fees on Licensees of Member States to whom it 30
	565	+	grants a Multistate License to cover the cost of the operations and 31
	566	+	activities of the Commission and its staff, which must be in a total amount 32
	567	+	sufficient to cover its annual budget as approved each year for which revenue 33
	568	+	is not provided by other sources. The aggregate annual assessment amount for 34
	569	+	Member States shall be allocated based upon a formula that the Commission 35
	570	+	shall promulgate by Rule. 36 HB1217
601	571
602		-	16 02-24-2025 09:54:38 JMB207
	572	+	16 01/23/2025 9:40:32 AM JMB207
	573	+	4. The Commission shall not incur obligations of any kind prior to 1
	574	+	securing the funds adequate to meet the same; nor shall the Commission pledge 2
	575	+	the credit of any Member States, except by and with the authority of the 3
	576	+	Member State. 4
	577	+	5. The Commission shall keep accurate accounts of all receipts and 5
	578	+	disbursements. The receipts and disbursements of the Commission shall be 6
	579	+	subject to the financial review and accounting procedures established under 7
	580	+	its bylaws. All receipts and disbursements of funds handled by the Commission 8
	581	+	shall be subject to an annual financial review by a certified or licensed 9
	582	+	public accountant, and the report of the financial review shall be included 10
	583	+	in and become part of the annual report of the Commission. 11
	584	+	H. Qualified Immunity, Defense, and Indemnification 12
	585	+	1. The members, officers, executive director, employees and 13
	586	+	representatives of the Commission shall be immune from suit and liability, 14
	587	+	both personally and in their official capacity, for any claim for damage to 15
	588	+	or loss of property or personal injury or other civil liability caused by or 16
	589	+	arising out of any actual or alleged act, error, or omission that occurred, 17
	590	+	or that the person against whom the claim is made had a reasonable basis for 18
	591	+	believing occurred within the scope of Commission employment, duties or 19
	592	+	responsibilities; provided that nothing in this paragraph shall be construed 20
	593	+	to protect any such person from suit or liability for any damage, loss, 21
	594	+	injury, or liability caused by the intentional or willful or wanton 22
	595	+	misconduct of that person. The procurement of insurance of any type by the 23
	596	+	Commission shall not in any way compromise or limit the immunity granted 24
	597	+	hereunder. 25
	598	+	2. The Commission shall defend any member, officer, executive 26
	599	+	director, employee, and representative of the Commission in any civil action 27
	600	+	seeking to impose liability arising out of any actual or alleged act, error, 28
	601	+	or omission that occurred within the scope of Commission employment, duties, 29
	602	+	or responsibilities, or as determined by the Commission that the person 30
	603	+	against whom the claim is made had a reasonable basis for believing occurred 31
	604	+	within the scope of Commission employment, duties, or responsibilities; 32
	605	+	provided that nothing herein shall be construed to prohibit that person from 33
	606	+	retaining their own counsel at their own expense; and provided further, that 34
	607	+	the actual or alleged act, error, or omission did not result from that 35
	608	+	person’s intentional or willful or wanton misconduct. 36 HB1217
603	609
	610	+	17 01/23/2025 9:40:32 AM JMB207
	611	+	3. The Commission shall indemnify and hold harmless any member, 1
	612	+	officer, executive director, employee, and representative of the Commission 2
	613	+	for the amount of any settlement or judgment obtained against that person 3
	614	+	arising out of any actual or alleged act, error, or omission that occurred 4
	615	+	within the scope of Commission employment, duties, or responsibilities, or 5
	616	+	that such person had a reasonable basis for believing occurred within the 6
	617	+	scope of Commission employment, duties, or responsibilities, provided that 7
	618	+	the actual or alleged act, error, or omission did not result from the 8
	619	+	intentional or willful or wanton misconduct of that person. 9
	620	+	4. Nothing herein shall be construed as a limitation on the liability 10
	621	+	of any Licensee for professional malpractice or misconduct, which shall be 11
	622	+	governed solely by any other applicable State laws. 12
	623	+	5. Nothing in this Compact shall be interpreted to waive or otherwise 13
	624	+	abrogate a Member State’s State action immunity or State action affirmative 14
	625	+	defense with respect to antitrust claims under the Sherman Act, Clayton Act, 15
	626	+	or any other State or federal antitrust or anticompetitive law or regulation. 16
	627	+	6. Nothing in this Compact shall be construed to be a waiver of 17
	628	+	sovereign immunity by the Member States or by the Commission. 18
	629	+	19
	630	+	ARTICLE 9- DATA SYSTEM 20
	631	+	A. The Commission shall provide for the development, maintenance, operation, 21
	632	+	and utilization of a coordinated database and reporting system. 22
	633	+	B. The Commission shall assign each applicant for a Multistate License a 23
	634	+	unique identifier, as determined by the Rules of the Commission. 24
	635	+	C. Notwithstanding any other provision of State law to the contrary, a 25
	636	+	Member State shall submit a uniform data set to the Data System on all 26
	637	+	individuals to whom this Compact is applicable as required by the Rules of 27
	638	+	the Commission, including: 28
	639	+	1. Identifying information; 29
	640	+	2. Licensure data; 30
	641	+	3. Adverse Actions against a license and information related thereto; 31
	642	+	4. Non-confidential information related to Alternative Program 32
	643	+	participation, the beginning and ending dates of such participation, and 33
	644	+	other information related to such participation; 34
	645	+	5. Any denial of application for licensure, and the reason(s) for such 35
	646	+	denial (excluding the reporting of any criminal history record information 36 HB1217
604	647
605		-	securing the funds adequate to meet the same; nor shall the Commission pledge 1
606		-	the credit of any Member States, except by and with the authority of the 2
607		-	Member State. 3
608		-	5. The Commission shall keep accurate accounts of all receipts and 4
609		-	disbursements. The receipts and disbursements of the Commission shall be 5
610		-	subject to the financial review and accounting procedures established under 6
611		-	its bylaws. All receipts and disbursements of funds handled by the Commission 7
612		-	shall be subject to an annual financial review by a certified or licensed 8
613		-	public accountant, and the report of the financial review shall be included 9
614		-	in and become part of the annual report of the Commission. 10
615		-	H. Qualified Immunity, Defense, and Indemnification 11
616		-	1. The members, officers, executive director, employees and 12
617		-	representatives of the Commission shall be immune from suit and liability, 13
618		-	both personally and in their official capacity, for any claim for damage to 14
619		-	or loss of property or personal injury or other civil liability caused by or 15
620		-	arising out of any actual or alleged act, error, or omission that occurred, 16
621		-	or that the person against whom the claim is made had a reasonable basis for 17
622		-	believing occurred within the scope of Commission employment, duties or 18
623		-	responsibilities; provided that nothing in this paragraph shall be construed 19
624		-	to protect any such person from suit or liability for any damage, loss, 20
625		-	injury, or liability caused by the intentional or willful or wanton 21
626		-	misconduct of that person. The procurement of insurance of any type by the 22
627		-	Commission shall not in any way compromise or limit the immunity granted 23
628		-	hereunder. 24
629		-	2. The Commission shall defend any member, officer, executive 25
630		-	director, employee, and representative of the Commission in any civil action 26
631		-	seeking to impose liability arising out of any actual or alleged act, error, 27
632		-	or omission that occurred within the scope of Commission employment, duties, 28
633		-	or responsibilities, or as determined by the Commission that the person 29
634		-	against whom the claim is made had a reasonable basis for believing occurred 30
635		-	within the scope of Commission employment, duties, or responsibilities; 31
636		-	provided that nothing herein shall be construed to prohibit that person from 32
637		-	retaining their own counsel at their own expense; and provided further, that 33
638		-	the actual or alleged act, error, or omission did not result from that 34
639		-	person’s intentional or willful or wanton misconduct. 35
640		-	3. The Commission shall indemnify and hold harmless any member, 36 As Engrossed: H2/13/25 H2/24/25 HB1217
	648	+	18 01/23/2025 9:40:32 AM JMB207
	649	+	where prohibited by law); 1
	650	+	6. The existence of Investigative Information; 2
	651	+	7. The existence presence of Current Significant Investigative 3
	652	+	Information; and 4
	653	+	8. Other information that may facilitate the administration of this 5
	654	+	Compact or the protection of the public, as determined by the Rules of the 6
	655	+	Commission. 7
	656	+	D. The records and information provided to a Member State pursuant to this 8
	657	+	Compact or through the Data System, when certified by the Commission or an 9
	658	+	agent thereof, shall constitute the authenticated business records of the 10
	659	+	Commission, and shall be entitled to any associated hearsay exception in any 11
	660	+	relevant judicial, quasi -judicial or administrative proceedings in a Member 12
	661	+	State. 13
	662	+	E. The existence of Current Significant Investigative Information and the 14
	663	+	existence of Investigative Information pertaining to a Licensee in any Member 15
	664	+	State will only be available to other Member States. 16
	665	+	F. It is the responsibility of the Member States to report any Adverse 17
	666	+	Action against a Licensee who holds a Multistate License and to monitor the 18
	667	+	database to determine whether Adverse Action has been taken against such a 19
	668	+	Licensee or License applicant. Adverse Action information pertaining to a 20
	669	+	Licensee or License applicant in any Member State will be available to any 21
	670	+	other Member State. 22
	671	+	G. Member States contributing information to the Data System may designate 23
	672	+	information that may not be shared with the public without the express 24
	673	+	permission of the contributing State. 25
	674	+	H. Any information submitted to the Data System that is subsequently 26
	675	+	expunged pursuant to federal law or the laws of the Member State contributing 27
	676	+	the information shall be removed from the Data System. 28
	677	+	29
	678	+	ARTICLE 10- RULEMAKING 30
	679	+	A. The Commission shall promulgate reasonable Rules in order to effectively 31
	680	+	and efficiently implement and administer the purposes and provisions of the 32
	681	+	Compact. A Rule shall be invalid and have no force or effect only if a court 33
	682	+	of competent jurisdiction holds that the Rule is invalid because the 34
	683	+	Commission exercised its rulemaking authority in a manner that is beyond the 35
	684	+	scope and purposes of the Compact, or the powers granted hereunder, or based 36 HB1217
641	685
642		-	17 02-24-2025 09:54:38 JMB207
	686	+	19 01/23/2025 9:40:32 AM JMB207
	687	+	upon another applicable standard of review. 1
	688	+	B. The Rules of the Commission shall have the force of law in each Member 2
	689	+	State, provided however that where the Rules of the Commission conflict with 3
	690	+	the laws of the Member State that establish the Member State’s scope of 4
	691	+	practice as held by a court of competent jurisdiction, the Rules of the 5
	692	+	Commission shall be ineffective in that State to the extent of the conflict. 6
	693	+	C. The Commission shall exercise its Rulemaking powers pursuant to the 7
	694	+	criteria set forth in this article and the Rules adopted thereunder. Rules 8
	695	+	shall become binding as of the date specified by the Commission for each 9
	696	+	Rule. 10
	697	+	D. If a majority of the legislatures of the Member States rejects a Rule or 11
	698	+	portion of a Rule, by enactment of a statute or resolution in the same manner 12
	699	+	used to adopt the Compact within four (4) years of the date of adoption of 13
	700	+	the Rule, then such Rule shall have no further force and effect in any Member 14
	701	+	State or to any State applying to participate in the Compact. 15
	702	+	E. Rules shall be adopted at a regular or special meeting of the Commission. 16
	703	+	F. Prior to adoption of a proposed Rule, the Commission shall hold a public 17
	704	+	hearing and allow persons to provide oral and written comments, data, facts, 18
	705	+	opinions, and arguments. 19
	706	+	G. Prior to adoption of a proposed Rule by the Commission, and at least 20
	707	+	thirty (30) days in advance of the meeting at which the Commission will hold 21
	708	+	a public hearing on the proposed Rule, the Commission shall provide a Notice 22
	709	+	of Proposed Rulemaking: 23
	710	+	1. On the website of the Commission or other publicly accessible 24
	711	+	platform; 25
	712	+	2. To persons who have requested notice of the Commission’s notices of 26
	713	+	proposed rulemaking, and 27
	714	+	3. In such other way(s) as the Commission may by Rule specify. 28
	715	+	H. The Notice of Proposed Rulemaking shall include: 29
	716	+	1. The time, date, and location of the public hearing at which the 30
	717	+	Commission will hear public comments on the proposed Rule and, if different, 31
	718	+	the time, date, and location of the meeting where the Commission will 32
	719	+	consider and vote on the proposed Rule; 33
	720	+	2. If the hearing is held via telecommunication, video conference, or 34
	721	+	other electronic means, the Commission shall include the mechanism for access 35
	722	+	to the hearing in the Notice of Proposed Rulemaking; 36 HB1217
643	723
	724	+	20 01/23/2025 9:40:32 AM JMB207
	725	+	3. The text of the proposed Rule and the reason therefor; 1
	726	+	4. A request for comments on the proposed Rule from any interested 2
	727	+	person; and 3
	728	+	5. The manner in which interested persons may submit written comments. 4
	729	+	I. All hearings will be recorded. A copy of the recording and all written 5
	730	+	comments and documents received by the Commission in response to the proposed 6
	731	+	Rule shall be available to the public. 7
	732	+	J. Nothing in this article shall be construed as requiring a separate 8
	733	+	hearing on each Rule. Rules may be grouped for the convenience of the 9
	734	+	Commission at hearings required by this article. 10
	735	+	K. The Commission shall, by majority vote of all Commissioners, take final 11
	736	+	action on the proposed Rule based on the Rulemaking record. 12
	737	+	1. The Commission may adopt changes to the proposed Rule provided the 13
	738	+	changes do not enlarge the original purpose of the proposed Rule. 14
	739	+	2. The Commission shall provide an explanation of the reasons for 15
	740	+	substantive changes made to the proposed Rule as well as reasons for 16
	741	+	substantive changes not made that were recommended by commenters. 17
	742	+	3. The Commission shall determine a reasonable effective date for the 18
	743	+	Rule. Except for an emergency as provided in subsection L, the effective date 19
	744	+	of the Rule shall be no sooner than thirty (30) days after the Commission 20
	745	+	issuing the notice that it adopted or amended the Rule. 21
	746	+	L. Upon determination that an emergency exists, the Commission may consider 22
	747	+	and adopt an emergency Rule with 24 hours notice, provided that the usual 23
	748	+	Rulemaking procedures provided in the Compact and in this article shall be 24
	749	+	retroactively applied to the Rule as soon as reasonably possible, in no event 25
	750	+	later than ninety (90) days after the effective date of the Rule. For the 26
	751	+	purposes of this provision, an emergency Rule is one that must be adopted 27
	752	+	immediately to: 28
	753	+	1. Meet an imminent threat to public health, safety, or welfare; 29
	754	+	2. Prevent a loss of Commission or Member State funds; 30
	755	+	3. Meet a deadline for the promulgation of a Rule that is established 31
	756	+	by federal law or rule; or 32
	757	+	4. Protect public health and safety. 33
	758	+	M. The Commission or an authorized committee of the Commission may direct 34
	759	+	revisions to a previously adopted Rule for purposes of correcting 35
	760	+	typographical errors, errors in format, errors in consistency, or grammatical 36 HB1217
644	761
645		-	officer, executive director, employee, and representative of the Commission 1
646		-	for the amount of any settlement or judgment obtained against that person 2
647		-	arising out of any actual or alleged act, error, or omission that occurred 3
648		-	within the scope of Commission employment, duties, or responsibilities, or 4
649		-	that such person had a reasonable basis for believing occurred within the 5
650		-	scope of Commission employment, duties, or responsibilities, provided that 6
651		-	the actual or alleged act, error, or omission did not result from the 7
652		-	intentional or willful or wanton misconduct of that person. 8
653		-	4. Nothing herein shall be construed as a limitation on the liability 9
654		-	of any Licensee for professional malpractice or misconduct, which shall be 10
655		-	governed solely by any other applicable State laws. 11
656		-	5. Nothing in this Compact shall be interpreted to waive or otherwise 12
657		-	abrogate a Member State’s State action immunity or State action affirmative 13
658		-	defense with respect to antitrust claims under the Sherman Act, Clayton Act, 14
659		-	or any other State or federal antitrust or anticompetitive law or regulation. 15
660		-	6. Nothing in this Compact shall be construed to be a waiver of 16
661		-	sovereign immunity by the Member States or by the Commission. 17
662		-	18
663		-	ARTICLE 9- DATA SYSTEM 19
664		-	A. The Commission shall provide for the development, maintenance, operation, 20
665		-	and utilization of a coordinated database and reporting system. 21
666		-	B. The Commission shall assign each applicant for a Multistate License a 22
667		-	unique identifier, as determined by the Rules of the Commission. 23
668		-	C. Notwithstanding any other provision of State law to the contrary, a 24
669		-	Member State shall submit a uniform data set to the Data System on all 25
670		-	individuals to whom this Compact is applicable as required by the Rules of 26
671		-	the Commission, including: 27
672		-	1. Identifying information; 28
673		-	2. Licensure data; 29
674		-	3. Adverse Actions against a license and information related thereto; 30
675		-	4. Non-confidential information related to Alternative Program 31
676		-	participation, the beginning and ending dates of such participation, and 32
677		-	other information related to such participation; 33
678		-	5. Any denial of application for licensure, and the reason(s) for such 34
679		-	denial (excluding the reporting of any criminal history record information 35
680		-	where prohibited by law); 36 As Engrossed: H2/13/25 H2/24/25 HB1217
	762	+	21 01/23/2025 9:40:32 AM JMB207
	763	+	errors. Public notice of any revisions shall be posted on the website of the 1
	764	+	Commission. The revision shall be subject to challenge by any person for a 2
	765	+	period of thirty (30) days after posting. The revision may be challenged only 3
	766	+	on grounds that the revision results in a material change to a Rule. A 4
	767	+	challenge shall be made in writing and delivered to the Commission prior to 5
	768	+	the end of the notice period. If no challenge is made, the revision will take 6
	769	+	effect without further action. If the revision is challenged, the revision 7
	770	+	may not take effect without the approval of the Commission. 8
	771	+	N. No Member State’s rulemaking requirements shall apply under this Compact. 9
	772	+	10
	773	+	ARTICLE 11- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 11
	774	+	A. Oversight 12
	775	+	1. The executive and judicial branches of State government in each 13
	776	+	Member State shall enforce this Compact and take all actions necessary and 14
	777	+	appropriate to implement the Compact. 15
	778	+	2. Venue is proper and judicial proceedings by or against the 16
	779	+	Commission shall be brought solely and exclusively in a court of competent 17
	780	+	jurisdiction where the principal office of the Commission is located. The 18
	781	+	Commission may waive venue and jurisdictional defenses to the extent it 19
	782	+	adopts or consents to participate in alternative dispute resolution 20
	783	+	proceedings. Nothing herein shall affect or limit the selection or propriety 21
	784	+	of venue in any action against a Licensee for professional malpractice, 22
	785	+	misconduct or any such similar matter. 23
	786	+	3. The Commission shall be entitled to receive service of process in 24
	787	+	any proceeding regarding the enforcement or interpretation of the Compact and 25
	788	+	shall have standing to intervene in such a proceeding for all purposes. 26
	789	+	Failure to provide the Commission service of process shall render a judgment 27
	790	+	or order void as to the Commission, this Compact, or promulgated Rules. 28
	791	+	B. Default, Technical Assistance, and Termination 29
	792	+	1. If the Commission determines that a Member State has defaulted in 30
	793	+	the performance of its obligations or responsibilities under this Compact or 31
	794	+	the promulgated Rules, the Commission shall provide written notice to the 32
	795	+	defaulting State. The notice of default shall describe the default, the 33
	796	+	proposed means of curing the default, and any other action that the 34
	797	+	Commission may take, and shall offer training and specific technical 35
	798	+	assistance regarding the default. 36 HB1217
681	799
682		-	18 02-24-2025 09:54:38 JMB207
	800	+	22 01/23/2025 9:40:32 AM JMB207
	801	+	2. The Commission shall provide a copy of the notice of default to the 1
	802	+	other Member States. 2
	803	+	C. If a State in default fails to cure the default, the defaulting State may 3
	804	+	be terminated from the Compact upon an affirmative vote of a majority of the 4
	805	+	delegates of the Member States, and all rights, privileges and benefits 5
	806	+	conferred on that State by this Compact may be terminated on the effective 6
	807	+	date of termination. A cure of the default does not relieve the offending 7
	808	+	State of obligations or liabilities incurred during the period of default. 8
	809	+	D. Termination of membership in the Compact shall be imposed only after all 9
	810	+	other means of securing compliance have been exhausted. Notice of intent to 10
	811	+	suspend or terminate shall be given by the Commission to the governor, the 11
	812	+	majority and minority leaders of the defaulting State’s legislature, the 12
	813	+	defaulting State’s State Licensing Authority and each of the Member States’ 13
	814	+	State Licensing Authority. 14
	815	+	E. A State that has been terminated is responsible for all assessments, 15
	816	+	obligations, and liabilities incurred through the effective date of 16
	817	+	termination, including obligations that extend beyond the effective date of 17
	818	+	termination. 18
	819	+	F. Upon the termination of a State’s membership from this Compact, that 19
	820	+	State shall immediately provide notice to all Licensees who hold a Multistate 20
	821	+	License within that State of such termination. The terminated State shall 21
	822	+	continue to recognize all licenses granted pursuant to this Compact for a 22
	823	+	minimum of one hundred eighty (180) days after the date of said notice of 23
	824	+	termination. 24
	825	+	G. The Commission shall not bear any costs related to a State that is found 25
	826	+	to be in default or that has been terminated from the Compact, unless agreed 26
	827	+	upon in writing between the Commission and the defaulting State. 27
	828	+	H. The defaulting State may appeal the action of the Commission by 28
	829	+	petitioning the U.S. District Court for the District of Columbia or the 29
	830	+	federal district where the Commission has its principal offices. The 30
	831	+	prevailing party shall be awarded all costs of such litigation, including 31
	832	+	reasonable attorney’s fees. 32
	833	+	I. Dispute Resolution 33
	834	+	1. Upon request by a Member State, the Commission shall attempt to 34
	835	+	resolve disputes related to the Compact that arise among Member States and 35
	836	+	between Member and non -Member States. 36 HB1217
683	837
	838	+	23 01/23/2025 9:40:32 AM JMB207
	839	+	2. The Commission shall promulgate a Rule providing for both mediation 1
	840	+	and binding dispute resolution for disputes as appropriate. 2
	841	+	J. Enforcement 3
	842	+	1. The Commission, in the reasonable exercise of its discretion, shall 4
	843	+	enforce the provisions of this Compact and the Commission’s Rules. 5
	844	+	2. By majority vote as provided by Commission Rule, the Commission may 6
	845	+	initiate legal action against a Member State in default in the United States 7
	846	+	District Court for the District of Columbia or the federal district where the 8
	847	+	Commission has its principal offices to enforce compliance with the 9
	848	+	provisions of the Compact and its promulgated Rules. The relief sought may 10
	849	+	include both injunctive relief and damages. In the event judicial enforcement 11
	850	+	is necessary, the prevailing party shall be awarded all costs of such 12
	851	+	litigation, including reasonable attorney’s fees. The remedies herein shall 13
	852	+	not be the exclusive remedies of the Commission. The Commission may pursue 14
	853	+	any other remedies available under federal or the defaulting Member State’s 15
	854	+	law. 16
	855	+	3. A Member State may initiate legal action against the Commission in 17
	856	+	the U.S. District Court for the District of Columbia or the federal district 18
	857	+	where the Commission has its principal offices to enforce compliance with the 19
	858	+	provisions of the Compact and its promulgated Rules. The relief sought may 20
	859	+	include both injunctive relief and damages. In the event judicial enforcement 21
	860	+	is necessary, the prevailing party shall be awarded all costs of such 22
	861	+	litigation, including reasonable attorney’s fees. 23
	862	+	4. No individual or entity other than a Member State may enforce this 24
	863	+	Compact against the Commission. 25
	864	+	26
	865	+	ARTICLE 12- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 27
	866	+	A. The Compact shall come into effect on the date on which the Compact 28
	867	+	statute is enacted into law in the seventh Member State. 29
	868	+	1. On or after the effective date of the Compact, the Commission shall 30
	869	+	convene and review the enactment of each of the Charter Member States to 31
	870	+	determine if the statute enacted by each such Charter Member State is 32
	871	+	materially different than the model Compact statute. 33
	872	+	a. A Charter Member State whose enactment is found to be 34
	873	+	materially different from the model Compact statute shall be entitled to the 35
	874	+	default process set forth in Article 11. 36 HB1217
684	875
685		-	6. The existence of Investigative Information; 1
686		-	7. The existence presence of Current Significant Investigative 2
687		-	Information; and 3
688		-	8. Other information that may facilitate the administration of this 4
689		-	Compact or the protection of the public, as determined by the Rules of the 5
690		-	Commission. 6
691		-	D. The records and information provided to a Member State pursuant to this 7
692		-	Compact or through the Data System, when certified by the Commission or an 8
693		-	agent thereof, shall constitute the authenticated business records of the 9
694		-	Commission, and shall be entitled to any associated hearsay exception in any 10
695		-	relevant judicial, quasi -judicial or administrative proceedings in a Member 11
696		-	State. 12
697		-	E. The existence of Current Significant Investigative Information and the 13
698		-	existence of Investigative Information pertaining to a Licensee in any Member 14
699		-	State will only be available to other Member States. 15
700		-	F. It is the responsibility of the Member States to report any Adverse 16
701		-	Action against a Licensee who holds a Multistate License and to monitor the 17
702		-	database to determine whether Adverse Action has been taken against such a 18
703		-	Licensee or License applicant. Adverse Action information pertaining to a 19
704		-	Licensee or License applicant in any Member State will be available to any 20
705		-	other Member State. 21
706		-	G. Member States contributing information to the Data System may designate 22
707		-	information that may not be shared with the public without the express 23
708		-	permission of the contributing State. 24
709		-	H. Any information submitted to the Data System that is subsequently 25
710		-	expunged pursuant to federal law or the laws of the Member State contributing 26
711		-	the information shall be removed from the Data System. 27
	876	+	24 01/23/2025 9:40:32 AM JMB207
	877	+	b. If any Member State is later found to be in default, or is 1
	878	+	terminated or withdraws from the Compact, the Commission shall remain in 2
	879	+	existence and the Compact shall remain in effect even if the number of Member 3
	880	+	States should be less than seven (7). 4
	881	+	2. Member States enacting the Compact subsequent to the Charter Member 5
	882	+	States shall be subject to the process set forth in Article 8.C.23 to 6
	883	+	determine if their enactments are materially different from the model Compact 7
	884	+	statute and whether they qualify for participation in the Compact. 8
	885	+	3. All actions taken for the benefit of the Commission or in 9
	886	+	furtherance of the purposes of the administration of the Compact prior to the 10
	887	+	effective date of the Compact or the Commission coming into existence shall 11
	888	+	be considered to be actions of the Commission unless specifically repudiated 12
	889	+	by the Commission. 13
	890	+	4. Any State that joins the Compact shall be subject to the 14
	891	+	Commission’s Rules and bylaws as they exist on the date on which the Compact 15
	892	+	becomes law in that State. Any Rule that has been previously adopted by the 16
	893	+	Commission shall have the full force and effect of law on the day the Compact 17
	894	+	becomes law in that State. 18
	895	+	B. Any Member State may withdraw from this Compact by enacting a statute 19
	896	+	repealing that State’s enactment of the Compact. 20
	897	+	1. A Member State’s withdrawal shall not take effect until one hundred 21
	898	+	eighty (180) days after enactment of the repealing statute. 22
	899	+	2. Withdrawal shall not affect the continuing requirement of the 23
	900	+	withdrawing State’s Licensing Authority to comply with the investigative and 24
	901	+	Adverse Action reporting requirements of this Compact prior to the effective 25
	902	+	date of withdrawal. 26
	903	+	3. Upon the enactment of a statute withdrawing from this Compact, a 27
	904	+	State shall immediately provide notice of such withdrawal to all Licensees 28
	905	+	within that State. Notwithstanding any subsequent statutory enactment to the 29
	906	+	contrary, such withdrawing State shall continue to recognize all licenses 30
	907	+	granted pursuant to this Compact for a minimum of 180 days after the date of 31
	908	+	such notice of withdrawal. 32
	909	+	C. Nothing contained in this Compact shall be construed to invalidate or 33
	910	+	prevent any licensure agreement or other cooperative arrangement between a 34
	911	+	Member State and a non -Member State that does not conflict with the 35
	912	+	provisions of this Compact. 36 HB1217
	913	+
	914	+	25 01/23/2025 9:40:32 AM JMB207
	915	+	D. This Compact may be amended by the Member States. No amendment to this 1
	916	+	Compact shall become effective and binding upon any Member State until it is 2
	917	+	enacted into the laws of all Member States. 3
	918	+	4
	919	+	ARTICLE 13. CONSTRUCTION AND SEVERABILITY 5
	920	+	A. This Compact and the Commission’s rulemaking authority shall be liberally 6
	921	+	construed so as to effectuate the purposes, and the implementation and 7
	922	+	administration of the Compact. Provisions of the Compact expressly 8
	923	+	authorizing or requiring the promulgation of Rules shall not be construed to 9
	924	+	limit the Commission’s rulemaking authority solely for those purposes. 10
	925	+	B. The provisions of this Compact shall be severable and if any phrase, 11
	926	+	clause, sentence or provision of this Compact is held by a court of competent 12
	927	+	jurisdiction to be contrary to the constitution of any Member State, a State 13
	928	+	seeking participation in the Compact, or of the United States, or the 14
	929	+	applicability thereof to any government, agency, person or circumstance is 15
	930	+	held to be unconstitutional by a court of competent jurisdiction, the 16
	931	+	validity of the remainder of this Compact and the applicability thereof to 17
	932	+	any other government, agency, person or circumstance shall not be affected 18
	933	+	thereby. 19
	934	+	C. Notwithstanding subsection B of this article, the Commission may deny a 20
	935	+	State’s participation in the Compact or, in accordance with the requirements 21
	936	+	of Article 11.B, terminate a Member State’s participation in the Compact, if 22
	937	+	it determines that a constitutional requirement of a Member State is a 23
	938	+	material departure from the Compact. Otherwise, if this Compact shall be held 24
	939	+	to be contrary to the constitution of any Member State, the Compact shall 25
	940	+	remain in full force and effect as to the remaining Member States and in full 26
	941	+	force and effect as to the Member State affected as to all severable matters. 27
712	942		28
713		-	ARTICLE ~~10- RULEMAKING~~ 29
714		-	~~A. The Commission shall promulgate reasonable Rules in order to effectively~~ 30
715		-	~~and efficiently implement and administer~~ the ~~purposes and provisions~~ of ~~the~~ 31
716		-	Compact. ~~A Rule shall be invalid and have no force or effect only if a court~~ 32
717		-	~~of competent jurisdiction holds that the Rule is invalid because the~~ 33
718		-	~~Commission exercised its rulemaking authority~~ in a ~~manner that is beyond the~~ 34
719		-	~~scope and purposes~~ of the ~~Compact, or the powers granted hereunder, or based~~ 35
720		-	~~upon another applicable standard of review~~. 36 ~~As Engrossed: H2/13/25 H2/24/25~~ HB1217
	943	+	ARTICLE 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 29
	944	+	30
	945	+	Nothing herein shall prevent or inhibit the enforcement of any other law of a 31
	946	+	Member State that is not inconsistent with the Compact. 32
	947	+	33
	948	+	Any laws, statutes, regulations, or other legal requirements in a Member 34
	949	+	State in conflict with the Compact are superseded to the extent of the 35
	950	+	conflict. 36 HB1217
721	951
722		-	19 02-24-2025 09:54:38 JMB207
723		-
724		-
725		-	B. The Rules of the Commission shall have the force of law in each Member 1
726		-	State, provided however that where the Rules of the Commission conflict with 2
727		-	the laws of the Member State that establish the Member State’s scope of 3
728		-	practice as held by a court of competent jurisdiction, the Rules of the 4
729		-	Commission shall be ineffective in that State to the extent of the conflict. 5
730		-	C. The Commission shall exercise its Rulemaking powers pursuant to the 6
731		-	criteria set forth in this article and the Rules adopted thereunder. Rules 7
732		-	shall become binding as of the date specified by the Commission for each 8
733		-	Rule. 9
734		-	D. If a majority of the legislatures of the Member States rejects a Rule or 10
735		-	portion of a Rule, by enactment of a statute or resolution in the same manner 11
736		-	used to adopt the Compact within four (4) years of the date of adoption of 12
737		-	the Rule, then such Rule shall have no further force and effect in any Member 13
738		-	State or to any State applying to participate in the Compact. 14
739		-	E. Rules shall be adopted at a regular or special meeting of the Commission. 15
740		-	F. Prior to adoption of a proposed Rule, the Commission shall hold a public 16
741		-	hearing and allow persons to provide oral and written comments, data, facts, 17
742		-	opinions, and arguments. 18
743		-	G. Prior to adoption of a proposed Rule by the Commission, and at least 19
744		-	thirty (30) days in advance of the meeting at which the Commission will hold 20
745		-	a public hearing on the proposed Rule, the Commission shall provide a Notice 21
746		-	of Proposed Rulemaking: 22
747		-	1. On the website of the Commission or other publicly accessible 23
748		-	platform; 24
749		-	2. To persons who have requested notice of the Commission’s notices of 25
750		-	proposed rulemaking, and 26
751		-	3. In such other way(s) as the Commission may by Rule specify. 27
752		-	H. The Notice of Proposed Rulemaking shall include: 28
753		-	1. The time, date, and location of the public hearing at which the 29
754		-	Commission will hear public comments on the proposed Rule and, if different, 30
755		-	the time, date, and location of the meeting where the Commission will 31
756		-	consider and vote on the proposed Rule; 32
757		-	2. If the hearing is held via telecommunication, video conference, or 33
758		-	other electronic means, the Commission shall include the mechanism for access 34
759		-	to the hearing in the Notice of Proposed Rulemaking; 35
760		-	3. The text of the proposed Rule and the reason therefor; 36 As Engrossed: H2/13/25 H2/24/25 HB1217
761		-
762		-	20 02-24-2025 09:54:38 JMB207
763		-
764		-
765		-	4. A request for comments on the proposed Rule from any interested 1
766		-	person; and 2
767		-	5. The manner in which interested persons may submit written comments. 3
768		-	I. All hearings will be recorded. A copy of the recording and all written 4
769		-	comments and documents received by the Commission in response to the proposed 5
770		-	Rule shall be available to the public. 6
771		-	J. Nothing in this article shall be construed as requiring a separate 7
772		-	hearing on each Rule. Rules may be grouped for the convenience of the 8
773		-	Commission at hearings required by this article. 9
774		-	K. The Commission shall, by majority vote of all Commissioners, take final 10
775		-	action on the proposed Rule based on the Rulemaking record. 11
776		-	1. The Commission may adopt changes to the proposed Rule provided the 12
777		-	changes do not enlarge the original purpose of the proposed Rule. 13
778		-	2. The Commission shall provide an explanation of the reasons for 14
779		-	substantive changes made to the proposed Rule as well as reasons for 15
780		-	substantive changes not made that were recommended by commenters. 16
781		-	3. The Commission shall determine a reasonable effective date for the 17
782		-	Rule. Except for an emergency as provided in subsection L, the effective date 18
783		-	of the Rule shall be no sooner than thirty (30) days after the Commission 19
784		-	issuing the notice that it adopted or amended the Rule. 20
785		-	L. Upon determination that an emergency exists, the Commission may consider 21
786		-	and adopt an emergency Rule with 24 hours notice, provided that the usual 22
787		-	Rulemaking procedures provided in the Compact and in this article shall be 23
788		-	retroactively applied to the Rule as soon as reasonably possible, in no event 24
789		-	later than ninety (90) days after the effective date of the Rule. For the 25
790		-	purposes of this provision, an emergency Rule is one that must be adopted 26
791		-	immediately to: 27
792		-	1. Meet an imminent threat to public health, safety, or welfare; 28
793		-	2. Prevent a loss of Commission or Member State funds; 29
794		-	3. Meet a deadline for the promulgation of a Rule that is established 30
795		-	by federal law or rule; or 31
796		-	4. Protect public health and safety. 32
797		-	M. The Commission or an authorized committee of the Commission may direct 33
798		-	revisions to a previously adopted Rule for purposes of correcting 34
799		-	typographical errors, errors in format, errors in consistency, or grammatical 35
800		-	errors. Public notice of any revisions shall be posted on the website of the 36 As Engrossed: H2/13/25 H2/24/25 HB1217
801		-
802		-	21 02-24-2025 09:54:38 JMB207
803		-
804		-
805		-	Commission. The revision shall be subject to challenge by any person for a 1
806		-	period of thirty (30) days after posting. The revision may be challenged only 2
807		-	on grounds that the revision results in a material change to a Rule. A 3
808		-	challenge shall be made in writing and delivered to the Commission prior to 4
809		-	the end of the notice period. If no challenge is made, the revision will take 5
810		-	effect without further action. If the revision is challenged, the revision 6
811		-	may not take effect without the approval of the Commission. 7
812		-	N. No Member State’s rulemaking requirements shall apply under this Compact. 8
813		-	9
814		-	ARTICLE 11- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 10
815		-	A. Oversight 11
816		-	1. The executive and judicial branches of State government in each 12
817		-	Member State shall enforce this Compact and take all actions necessary and 13
818		-	appropriate to implement the Compact. 14
819		-	2. Venue is proper and judicial proceedings by or against the 15
820		-	Commission shall be brought solely and exclusively in a court of competent 16
821		-	jurisdiction where the principal office of the Commission is located. The 17
822		-	Commission may waive venue and jurisdictional defenses to the extent it 18
823		-	adopts or consents to participate in alternative dispute resolution 19
824		-	proceedings. Nothing herein shall affect or limit the selection or propriety 20
825		-	of venue in any action against a Licensee for professional malpractice, 21
826		-	misconduct or any such similar matter. 22
827		-	3. The Commission shall be entitled to receive service of process in 23
828		-	any proceeding regarding the enforcement or interpretation of the Compact and 24
829		-	shall have standing to intervene in such a proceeding for all purposes. 25
830		-	Failure to provide the Commission service of process shall render a judgment 26
831		-	or order void as to the Commission, this Compact, or promulgated Rules. 27
832		-	B. Default, Technical Assistance, and Termination 28
833		-	1. If the Commission determines that a Member State has defaulted in 29
834		-	the performance of its obligations or responsibilities under this Compact or 30
835		-	the promulgated Rules, the Commission shall provide written notice to the 31
836		-	defaulting State. The notice of default shall describe the default, the 32
837		-	proposed means of curing the default, and any other action that the 33
838		-	Commission may take, and shall offer training and specific technical 34
839		-	assistance regarding the default. 35
840		-	2. The Commission shall provide a copy of the notice of default to the 36 As Engrossed: H2/13/25 H2/24/25 HB1217
841		-
842		-	22 02-24-2025 09:54:38 JMB207
843		-
844		-
845		-	other Member States. 1
846		-	C. If a State in default fails to cure the default, the defaulting State may 2
847		-	be terminated from the Compact upon an affirmative vote of a majority of the 3
848		-	delegates of the Member States, and all rights, privileges and benefits 4
849		-	conferred on that State by this Compact may be terminated on the effective 5
850		-	date of termination. A cure of the default does not relieve the offending 6
851		-	State of obligations or liabilities incurred during the period of default. 7
852		-	D. Termination of membership in the Compact shall be imposed only after all 8
853		-	other means of securing compliance have been exhausted. Notice of intent to 9
854		-	suspend or terminate shall be given by the Commission to the governor, the 10
855		-	majority and minority leaders of the defaulting State’s legislature, the 11
856		-	defaulting State’s State Licensing Authority and each of the Member States’ 12
857		-	State Licensing Authority. 13
858		-	E. A State that has been terminated is responsible for all assessments, 14
859		-	obligations, and liabilities incurred through the effective date of 15
860		-	termination, including obligations that extend beyond the effective date of 16
861		-	termination. 17
862		-	F. Upon the termination of a State’s membership from this Compact, that 18
863		-	State shall immediately provide notice to all Licensees who hold a Multistate 19
864		-	License within that State of such termination. The terminated State shall 20
865		-	continue to recognize all licenses granted pursuant to this Compact for a 21
866		-	minimum of one hundred eighty (180) days after the date of said notice of 22
867		-	termination. 23
868		-	G. The Commission shall not bear any costs related to a State that is found 24
869		-	to be in default or that has been terminated from the Compact, unless agreed 25
870		-	upon in writing between the Commission and the defaulting State. 26
871		-	H. The defaulting State may appeal the action of the Commission by 27
872		-	petitioning the U.S. District Court for the District of Columbia or the 28
873		-	federal district where the Commission has its principal offices. The 29
874		-	prevailing party shall be awarded all costs of such litigation, including 30
875		-	reasonable attorney’s fees. 31
876		-	I. Dispute Resolution 32
877		-	1. Upon request by a Member State, the Commission shall attempt to 33
878		-	resolve disputes related to the Compact that arise among Member States and 34
879		-	between Member and non -Member States. 35
880		-	2. The Commission shall promulgate a Rule providing for both mediation 36 As Engrossed: H2/13/25 H2/24/25 HB1217
881		-
882		-	23 02-24-2025 09:54:38 JMB207
883		-
884		-
885		-	and binding dispute resolution for disputes as appropriate. 1
886		-	J. Enforcement 2
887		-	1. The Commission, in the reasonable exercise of its discretion, shall 3
888		-	enforce the provisions of this Compact and the Commission’s Rules. 4
889		-	2. By majority vote as provided by Commission Rule, the Commission may 5
890		-	initiate legal action against a Member State in default in the United States 6
891		-	District Court for the District of Columbia or the federal district where the 7
892		-	Commission has its principal offices to enforce compliance with the 8
893		-	provisions of the Compact and its promulgated Rules. The relief sought may 9
894		-	include both injunctive relief and damages. In the event judicial enforcement 10
895		-	is necessary, the prevailing party shall be awarded all costs of such 11
896		-	litigation, including reasonable attorney’s fees. The remedies herein shall 12
897		-	not be the exclusive remedies of the Commission. The Commission may pursue 13
898		-	any other remedies available under federal or the defaulting Member State’s 14
899		-	law. 15
900		-	3. A Member State may initiate legal action against the Commission in 16
901		-	the U.S. District Court for the District of Columbia or the federal district 17
902		-	where the Commission has its principal offices to enforce compliance with the 18
903		-	provisions of the Compact and its promulgated Rules. The relief sought may 19
904		-	include both injunctive relief and damages. In the event judicial enforcement 20
905		-	is necessary, the prevailing party shall be awarded all costs of such 21
906		-	litigation, including reasonable attorney’s fees. 22
907		-	4. No individual or entity other than a Member State may enforce this 23
908		-	Compact against the Commission. 24
909		-	25
910		-	ARTICLE 12- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 26
911		-	A. The Compact shall come into effect on the date on which the Compact 27
912		-	statute is enacted into law in the seventh Member State. 28
913		-	1. On or after the effective date of the Compact, the Commission shall 29
914		-	convene and review the enactment of each of the Charter Member States to 30
915		-	determine if the statute enacted by each such Charter Member State is 31
916		-	materially different than the model Compact statute. 32
917		-	a. A Charter Member State whose enactment is found to be 33
918		-	materially different from the model Compact statute shall be entitled to the 34
919		-	default process set forth in Article 11. 35
920		-	b. If any Member State is later found to be in default, or is 36 As Engrossed: H2/13/25 H2/24/25 HB1217
921		-
922		-	24 02-24-2025 09:54:38 JMB207
923		-
924		-
925		-	terminated or withdraws from the Compact, the Commission shall remain in 1
926		-	existence and the Compact shall remain in effect even if the number of Member 2
927		-	States should be less than seven (7). 3
928		-	2. Member States enacting the Compact subsequent to the Charter Member 4
929		-	States shall be subject to the process set forth in Article 8.C.23 to 5
930		-	determine if their enactments are materially different from the model Compact 6
931		-	statute and whether they qualify for participation in the Compact. 7
932		-	3. All actions taken for the benefit of the Commission or in 8
933		-	furtherance of the purposes of the administration of the Compact prior to the 9
934		-	effective date of the Compact or the Commission coming into existence shall 10
935		-	be considered to be actions of the Commission unless specifically repudiated 11
936		-	by the Commission. 12
937		-	4. Any State that joins the Compact shall be subject to the 13
938		-	Commission’s Rules and bylaws as they exist on the date on which the Compact 14
939		-	becomes law in that State. Any Rule that has been previously adopted by the 15
940		-	Commission shall have the full force and effect of law on the day the Compact 16
941		-	becomes law in that State. 17
942		-	B. Any Member State may withdraw from this Compact by enacting a statute 18
943		-	repealing that State’s enactment of the Compact. 19
944		-	1. A Member State’s withdrawal shall not take effect until one hundred 20
945		-	eighty (180) days after enactment of the repealing statute. 21
946		-	2. Withdrawal shall not affect the continuing requirement of the 22
947		-	withdrawing State’s Licensing Authority to comply with the investigative and 23
948		-	Adverse Action reporting requirements of this Compact prior to the effective 24
949		-	date of withdrawal. 25
950		-	3. Upon the enactment of a statute withdrawing from this Compact, a 26
951		-	State shall immediately provide notice of such withdrawal to all Licensees 27
952		-	within that State. Notwithstanding any subsequent statutory enactment to the 28
953		-	contrary, such withdrawing State shall continue to recognize all licenses 29
954		-	granted pursuant to this Compact for a minimum of 180 days after the date of 30
955		-	such notice of withdrawal. 31
956		-	C. Nothing contained in this Compact shall be construed to invalidate or 32
957		-	prevent any licensure agreement or other cooperative arrangement between a 33
958		-	Member State and a non -Member State that does not conflict with the 34
959		-	provisions of this Compact. 35
960		-	D. This Compact may be amended by the Member States. No amendment to this 36 As Engrossed: H2/13/25 H2/24/25 HB1217
961		-
962		-	25 02-24-2025 09:54:38 JMB207
963		-
964		-
965		-	Compact shall become effective and binding upon any Member State until it is 1
966		-	enacted into the laws of all Member States. 2
967		-	3
968		-	ARTICLE 13. CONSTRUCTION AND SEVERABILITY 4
969		-	A. This Compact and the Commission’s rulemaking authority shall be liberally 5
970		-	construed so as to effectuate the purposes, and the implementation and 6
971		-	administration of the Compact. Provisions of the Compact expressly 7
972		-	authorizing or requiring the promulgation of Rules shall not be construed to 8
973		-	limit the Commission’s rulemaking authority solely for those purposes. 9
974		-	B. The provisions of this Compact shall be severable and if any phrase, 10
975		-	clause, sentence or provision of this Compact is held by a court of competent 11
976		-	jurisdiction to be contrary to the constitution of any Member State, a State 12
977		-	seeking participation in the Compact, or of the United States, or the 13
978		-	applicability thereof to any government, agency, person or circumstance is 14
979		-	held to be unconstitutional by a court of competent jurisdiction, the 15
980		-	validity of the remainder of this Compact and the applicability thereof to 16
981		-	any other government, agency, person or circumstance shall not be affected 17
982		-	thereby. 18
983		-	C. Notwithstanding subsection B of this article, the Commission may deny a 19
984		-	State’s participation in the Compact or, in accordance with the requirements 20
985		-	of Article 11.B, terminate a Member State’s participation in the Compact, if 21
986		-	it determines that a constitutional requirement of a Member State is a 22
987		-	material departure from the Compact. Otherwise, if this Compact shall be held 23
988		-	to be contrary to the constitution of any Member State, the Compact shall 24
989		-	remain in full force and effect as to the remaining Member States and in full 25
990		-	force and effect as to the Member State affected as to all severable matters. 26
991		-	27
992		-	ARTICLE 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 28
993		-	29
994		-	Nothing herein shall prevent or inhibit the enforcement of any other law of a 30
995		-	Member State that is not inconsistent with the Compact. 31
996		-	32
997		-	Any laws, statutes, regulations, or other legal requirements in a Member 33
998		-	State in conflict with the Compact are superseded to the extent of the 34
999		-	conflict. 35
1000		-	36 As Engrossed: H2/13/25 H2/24/25 HB1217
1001		-
1002		-	26 02-24-2025 09:54:38 JMB207
1003		-
1004		-
1005		-	All permissible agreements between the Commission and the Member States are 1
1006		-	binding in accordance with their terms. 2
1007		-	3
1008		-	17-86-402. Administration of compact — Rules. 4
1009		-	(a) The Department of Health is the Interstate Massage Compact 5
1010		-	administrator for this state. 6
1011		-	(b) The department may adopt rules that are consistent with the 7
1012		-	Interstate Massage Compact necessary to implement this subchapter. 8
1013		-	(c) The department is not required to adopt the rules of the 9
1014		-	Interstate Massage Compact Commission for the rules of the Interstate Massage 10
1015		-	Compact Commission to be effective in this state. 11
1016		-	(d) For the purposes of the member state's ability to reject a rule 12
1017		-	under Article 10(D) of the Interstate Massage Compact, Arkansas delegates its 13
1018		-	authority in this provision to the General Assembly or the Legislative 14
1019		-	Council. 15
	952	+	26 01/23/2025 9:40:32 AM JMB207
	953	+	1
	954	+	All permissible agreements between the Commission and the Member States are 2
	955	+	binding in accordance with their terms. 3
	956	+	4
	957	+	17-86-402. Administration of compact — Rules. 5
	958	+	(a) The Department of Health is the Interstate Massage Compact 6
	959	+	administrator for this state. 7
	960	+	(b) The department may adopt rules that are consistent with the 8
	961	+	Interstate Massage Compact necessary to implement this subchapter. 9
	962	+	(c) The department is not required to adopt the rules of the 10
	963	+	Interstate Massage Compact Commission for the rules of the Interstate Massage 11
	964	+	Compact Commission to be effective in this state. 12
	965	+	13
	966	+	14
	967	+	15
1020	968		16
1021		-	~~/s/Nazarenko~~ 17
	969	+	17
1022	970		18
1023	971		19
1024		-	~~APPROVED: 3/12/25~~ 20
	972	+	20
1025	973		21
1026	974		22
1027	975		23
1028	976		24
1029	977		25
1030	978		26
1031	979		27
1032	980		28
1033	981		29
1034	982		30
1035	983		31
1036	984		32
1037	985		33
1038	986		34
1039	987		35
1040	988		36