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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Interstate Compact for School 2
Psychologists; creating s. 490.016, F.S.; creating the 3
Interstate Compact for School Psychologists; providing 4
purpose and objectives; providing definitions; 5
requiring member states to meet certain requir ements 6
to join and participate in the compact; providing for 7
recognition of school psychologist licenses in member 8
states; providing criteria that a school psychologist 9
must satisfy to practice under the compact; providing 10
requirements for renewal of an eq uivalent license in a 11
member state; authorizing an active military member 12
and his or her spouse to be deemed as having a home 13
state license under certain circumstances; requiring 14
member states to report adverse actions taken against 15
the license of a school psychologists by other member 16
states; establishing the Interstate Compact for School 17
Psychologists Commission; providing for the 18
jurisdiction and venue for court proceedings; 19
providing membership, duties, and powers; requiring 20
member states to participate in the exchange of 21
specified information; authorizing the commission to 22
adopt rules and bylaws; providing rulemaking 23
procedures; providing for state enforcement of the 24
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compact; providing for the termination of compact 25
membership; providing procedures for the resolution of 26
certain disputes; providing compact amendment 27
procedures; providing construction and severability; 28
providing an effective date. 29
30
Be It Enacted by the Legislature of the state of Florida: 31
32
Section 1. Section 490.016, Florida Statut es, is created 33
to read: 34
490.016 Interstate Compact for School Psychologists. —The 35
Interstate Compact for School Psychologists is hereby enacted 36
into law and entered into by this state with all other states 37
legally joining therein in the form substantially as follows: 38
39
ARTICLE I 40
PURPOSE 41
42
(1) The purpose of this compact is to facilitate the 43
interstate practice of school psychology in educational or 44
school settings, and in doing so improves the availability of 45
school psychological services to the public. 46
(2) The compact is intended to establish a pathway to 47
allow school psychologists to obtain equivalent licenses to 48
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
provide school psychological services in any member state. The 49
compact shall enable member states to ensure that safe and 50
effective school psy chological services are available and 51
delivered by qualified, licensed professionals in educational 52
settings. This compact: 53
(a) Enables school psychologists who qualify for receipt 54
of an equivalent license to practice in other member states 55
without first satisfying burdensome and duplicative 56
requirements. 57
(b) Promotes the mobility of school psychologists between 58
member states in order to address workforce shortages and ensure 59
that safe and reliable school psychological services are 60
available in each mem ber state. 61
(c) Enhances the public accessibility of school 62
psychological services by increasing the availability of 63
qualified, licensed school psychologists through the 64
establishment of an efficient and streamlined pathway for 65
licensees to practice in ot her member states. 66
(d) Preserves and respects the authority of each member 67
state to protect the health and safety of its residents by 68
ensuring that only qualified, licensed professionals are 69
authorized to provide school psychological services within the 70
state in which the services are being provided. 71
(e) Requires school psychologists practicing within a 72
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member state to comply with the scope of practice laws present 73
in the state where the school psychological services are being 74
provided. 75
(f) Promotes cooperation between member states in 76
regulating the practice of school psychology within those 77
states. 78
(g) Facilitates the relocation of military members and 79
their spouses who are licensed to provide school psychological 80
services. 81
ARTICLE II 82
DEFINITIONS 83
84
As used in this compact, the term: 85
(1) "Active military member" means any person with full -86
time duty status in the United States Armed Forces, including 87
members of the National Guard and the United States Reserve 88
Forces. 89
(2) "Adverse action" means a disciplinary action or 90
encumbrance imposed on a license by a state licensing authority. 91
(3) "Alternative program" means a nondisciplinary, 92
prosecutorial diversion, monitoring, or practice remediation 93
process entered into in lieu of an adverse action whic h is 94
applicable to a school psychologist and approved by the state 95
licensing authority of a member state in which the participating 96
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school psychologist is licensed, including, but is not limited 97
to, programs to which licensees with substance abuse or 98
addiction issues may be referred in lieu of an adverse action. 99
(4) "Commissioner" means the individual appointed by a 100
member state to serve as the representative to the commission of 101
the member state. 102
(5) "Compact" means the Interstate Compact for School 103
Psychologists. 104
(6) "Continuing professional education" means a 105
requirement imposed by a member state as a condition of license 106
renewal to provide evidence of successful participation in 107
professional educational activities relevant to the provision of 108
school psychological services. 109
(7) "Criminal background check" means the submission of 110
fingerprints or other biometric information for a license 111
applicant for the purpose of obtaining her or his criminal 112
history record information, as defined in 28 C.F.R. s. 20.3(d), 113
and the state's criminal history record repository as defined in 114
C.F.R. s. 20.3(f). 115
(8) "Doctoral-level degree" means a graduate degree 116
program that consists of at least 90 graduate semester hours in 117
the field of school psychology, including a s upervised 118
internship. 119
(9) "Encumbered license" means a license that a state 120
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licensing authority has limited in any way other than through an 121
alternative program, including temporary or provisional 122
licenses. 123
(10) "Executive committee" means the chair, v ice chair, 124
secretary, and treasurer of the commission and any other members 125
as determined by commission rule or bylaw. 126
(11) "Equivalent license" means a license to practice 127
school psychology that is equivalent to the license held by a 128
school psychologist in any other member state. 129
(12) "Home state" means the member state that issued the 130
license to the licensee and is the licensee's primary state of 131
practice. 132
(13) "Home state license" means an unencumbered license 133
issued by a home state to provide scho ol psychological services. 134
(14) "Interstate Compact for School Psychologists 135
Commission" or "commission" means the joint government agency 136
established by the compact whose membership consists of 137
representatives from each member state that has enacted the 138
compact, as described in Article VII. 139
(15) "License" means a current license, certification, or 140
other authorization granted by a member state's licensing 141
authority that permits an individual to provide school 142
psychological services. 143
(16) "Licensee" means an individual who holds a license 144
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from a member state to provide school psychological services. 145
(17) "Member state" means a state that has enacted the 146
compact and has been admitted to the commission in accordance 147
with compact and commission rules. 148
(18) "Model compact" means the model language for the 149
compact on file with the council of state governments or other 150
entity as designated by the commission. 151
(19) "Practice of school psychology" means the delivery of 152
school psychological services. 153
(20) "Qualifying national exam" means a national licensing 154
examination endorsed by the National Association of School 155
Psychologists and any other exam as approved by the rules of the 156
commission. 157
(21) "Qualifying school psychologist education program" 158
means an education program which awards a specialist -level or 159
doctoral-level degree or equivalent upon completion and is 160
approved by the rules of the commission as meeting the necessary 161
minimum educational standards to ensure that its graduates are 162
ready, qualified, and able to engage in the practice of school 163
psychology. 164
(22) "Remote state" means a member state other than the 165
home state where a licensee holds a license through the compact. 166
(23) "Rule" means a regulation adopted by an entity, 167
including, but not limited to, the commission and the state 168
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licensing authority of each member state, that has the force of 169
law. 170
(24) "School psychological services" means academic, 171
mental, and behavioral health services, including assessment, 172
prevention, consultation and collaboration, intervention, and 173
evaluation provided by a school psychologist in a school, as 174
outlined in applicable professional standards as determined by 175
commission rule. 176
(25) "School psychologist" means an individual who has met 177
the requirements to obtain a home state license that legally 178
conveys the professional title of school psychologist, or its 179
equivalent as determined by commission rule. 180
(26) "Scope of practice" mea ns the procedures, actions, 181
and processes a school psychologist licensed in a state is 182
permitted to undertake and the circumstances under which that 183
licensee is permitted to undertake such procedures, actions, and 184
processes. The procedures, actions, and pr ocesses and the 185
circumstances under which they may be undertaken, may be 186
established through means, including, but not limited to, 187
statute, regulations, case law, and other processes available to 188
the state licensing authority or other government agency. 189
(27) "Specialist-level degree" means a degree program that 190
requires at least 60 graduate semester hours or equivalent in 191
the field of school psychology, including a supervised 192
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internship. 193
(28) "State" means any state, commonwealth, district, or 194
territory of the United States. 195
(29) "State licensing authority" means a member state's 196
regulatory body responsible for issuing licenses or otherwise 197
overseeing the practice of school psychology. 198
(30) "State specific requirement" means a requirement for 199
licensure covered in coursework or examination that includes 200
content of unique interest to the state. 201
(31) "Unencumbered license" means a license that 202
authorizes a licensee to engage in the full and unrestricted 203
practice of school psychology. 204
205
ARTICLE III 206
STATE PARTICIPATION IN THE COMPACT 207
208
(1) A member state must meet the following requirements to 209
join and maintain eligibility within the compact: 210
(a) Enact a compact statute that is not materially 211
different from the model compact as defined in the commission 's 212
rules. 213
(b) Participate in the sharing of information with other 214
member states as reasonably necessary to accomplish the 215
objectives of the compact, as defined in Article VIII. 216
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(c) Identify and maintain with the commission a list of 217
equivalent licenses available to licensees who hold a home state 218
license under the compact. 219
(d) Have a mechanism in place for receiving and 220
investigating complaints about licensees. 221
(e) Notify the commission, in compliance with the terms of 222
the compact and the commissio n's rules, of any adverse action 223
taken against a licensee, or of the availability of 224
investigative information which relates to a licensee or 225
applicant for licensure. 226
(f) Require that applicants for a home state license have: 227
1. Taken and passed a qual ifying national exam as defined 228
by the rules of the commission. 229
2. Completed a minimum of 1200 hours of supervised 230
internship, of which at least 600 hours must have been completed 231
in an educational institution prior to being approved for 232
licensure. 233
3. Graduated from a qualifying school psychologist 234
education program. 235
(g) Comply with the terms of the compact and the rules of 236
the commission. 237
(2) Each member state shall grant an equivalent license to 238
practice school psychology in a remote state upon ap plication by 239
a licensee who satisfies the criteria of Article IV(1). Each 240
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
member state shall grant renewal of the equivalent license to a 241
licensee who satisfies the criteria of Article IV(2). 242
243
ARTICLE IV 244
SCHOOL PSYCHOLOGIST PARTICIPATION IN THE COMPACT 245
246
(1) To obtain and maintain an equivalent license from a 247
remote state under the compact, a licensee must: 248
(a) Hold and maintain an active home state license. 249
(b) Satisfy any applicable state requirements established 250
by the member state after an equival ent license is granted. 251
(c) Complete any administrative or application 252
requirements which the commission may establish by rule. 253
(d) Complete any requirements for renewal in the home 254
state, including applicable continuing professional education 255
requirements. 256
(e) Undergo a criminal background check in the member 257
state in which the equivalent license is sought in accordance 258
with the laws and regulations of the member state, once an 259
individual submits an application to receive a license under the 260
compact. 261
(2) To renew an equivalent license in a member state other 262
than the home state, a licensee must only apply for renewal, 263
complete a background check, and pay renewal fees as determined 264
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by the licensing authority. 265
266
ARTICLE V 267
ACTIVE MILITARY MEMBERS OR THEIR SPOUSES 268
269
A licensee who is an active military member or is the 270
spouse of an active military member shall be deemed to hold a 271
home state license in any of the following locations: 272
(1) The licensee's permanent residence; 273
(2) A member state that is the licensee's primary state of 274
practice; or 275
(3) A member state where the licensee has relocated 276
pursuant to a permanent change of station. 277
278
ARTICLE VI 279
DISCIPLINE AND ADVERSE ACTION 280
281
(1) The compact does not limit the authority of a member 282
state to investigate or impose disciplinary measures on 283
licensees according to the state practice laws. 284
(2) Member states may receive and shall provide files and 285
information regarding the investigation and discipline, if any, 286
of licensees in other member states upo n request. Any member 287
state receiving such information or files shall protect and 288
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maintain the security and confidentiality thereof, in at least 289
the same manner that it maintains its own investigatory or 290
disciplinary files and information. Before disclosin g any 291
disciplinary or investigatory information received from another 292
member state, the disclosing state shall communicate its 293
intention and purpose for such disclosure to the member state 294
which originally provided that information. 295
296
ARTICLE VII 297
ESTABLISHMENT OF THE INTERSTATE COMPACT 298
FOR SCHOOL PSYCHOLOGISTS COMMISSION 299
300
(1) There is hereby created a joint government agency, 301
with membership consisting of all member states that have 302
enacted the compact, known as the Interstate Compact for School 303
Psychologists Commission. The commission is an instrumentality 304
of the member states acting jointly and not an instrumentality 305
of any one state. The commission shall come into existence on or 306
after the effective date of the compact as provided in Article 307
XI. 308
(2) Each member state shall have and be limited to one 309
delegate selected by the licensing authority of that member 310
state's state licensing authority. The delegate shall be the 311
primary administrative officer of the member state licensing 312
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authority or a designee who is an employee of the member state 313
licensing authority. The commission shall by rule or bylaw 314
establish a term of office for delegates and may by rule or 315
bylaw establish term limits. The commission may recommend 316
removal or suspension of any de legate from office. A member 317
state's licensing authority shall fill any vacancy of its 318
delegate occurring on the commission within 60 days of the 319
vacancy. Each delegate shall be entitled to one vote on all 320
matters before the commission requiring a vote by commission 321
delegates. A delegate shall vote in person or by such other 322
means as provided in the bylaws. The bylaws may provide for 323
delegates to meet by telecommunication, videoconference, or 324
other means of communication. The commission shall meet at least 325
once during each calendar year. Additional meetings may be held 326
as provided in the bylaws. The commission may meet by 327
telecommunication, video conference, or other similar electronic 328
means. 329
(3) The commission may exercise all of the following 330
powers: 331
(a) Establish the fiscal year of the commission. 332
(b) Establish code of conduct and conflict of interest 333
policies. 334
(c) Adopt and amend rules and bylaws. 335
(d) Establish the procedure through which a licensee may 336
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change his or her home state. 337
(e) Maintain financial records in accordance with the 338
bylaws. 339
(f) Meet and take such actions consistent with the 340
provisions of the compact and the commission's rules and bylaws. 341
(g) Initiate and conclude legal proceedings or actions in 342
the name of the commission , provided that the standing of any 343
member state licensing authority to sue or be sued under 344
applicable law is not affected. 345
(h) Maintain and certify records and information provided 346
to a member state as the authenticated business records of the 347
commission and designate an agent to do so on the commission's 348
behalf. 349
(i) Purchase and maintain insurance and bonds. 350
(j) Borrow, accept, or contract for services of personnel, 351
including, but not limited to, employees of a member state. 352
(k) Conduct an annual financial review, hire employees, 353
elect or appoint officers, fix compensation, define duties, 354
grant such individuals appropriate authority to carry out the 355
purposes of the compact, and establish the commission's 356
personnel policies and programs relating to conflicts of 357
interest, qualifications of personnel, and other related 358
personnel matters. 359
(l) Accept appropriate gifts, donations, grants of money, 360
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other sources of revenue, equipment, supplies, materials, and 361
services, and receive, utilize, and dispose of the same provided 362
that the commission avoids any appearance of impropriety or 363
conflict of interest. 364
(m) Lease, purchase, retain, own, hold, improve, or use 365
any property, real, personal, or mixed or any undivided interest 366
therein. 367
(n) Sell, convey, m ortgage, pledge, lease, exchange, 368
abandon, or otherwise dispose of any property real, personal, or 369
mixed. 370
(o) Establish a budget and make expenditures. 371
(p) Borrow money. 372
(q) Appoint committees, including standing committees, 373
composed of members, stat e regulators, state legislators or 374
their representatives, and consumer representatives, and such 375
other interested persons as may be designated in the compact and 376
commission bylaws. 377
(r) Provide and receive information from, and cooperate 378
with, law enforcement agencies. 379
(s) Establish and elect an executive committee, including 380
a chair and a vice chair. 381
(t) Determine whether a state's adopted language is 382
materially different from the model compact language such that 383
the state would not qualify for partic ipation in the compact. 384
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(u) Perform such other functions as may be necessary or 385
appropriate to achieve the purposes of the compact. 386
(4)(a) The executive committee shall have the power to act 387
on behalf of the commission according to the terms of the 388
compact. The powers, duties, and responsibilities of the 389
executive committee shall include: 390
1. Oversee the day-to-day activities of the administration 391
of the compact, including enforcement and compliance with the 392
provisions of the compact, the rules and byl aws, and other such 393
duties as deemed necessary. 394
2. Recommend to the commission changes to the rules or 395
bylaws, changes to the compact legislation. 396
3. Ensure compact administration services are 397
appropriately provided, including by contract. 398
4. Prepare and recommend the budget. 399
5. Maintain financial records on behalf of the commission. 400
6. Monitor compact compliance of member states and provide 401
compliance reports to the commission. 402
7. Establish additional committees as necessary. 403
8. Exercise the powers and duties of the commission during 404
the interim between commission meetings, except for adopting or 405
amending rules, adopting or amending bylaws, and exercising any 406
other powers and duties expressly reserved to the commission by 407
rule or bylaw. 408
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9. Other duties as provided in the commission rules or 409
bylaws. 410
(b) The executive committee shall be composed of up to 411
seven members. The chair and vice chair of the commission shall 412
be voting members of the executive committee. The commission 413
shall elect five voting members from the current membership of 414
the commission. 415
(c) The commission may remove any member of the executive 416
committee as provided in the commission's bylaws. 417
(d) The executive committee shall meet at least annually. 418
(5) The commission s hall adopt and provide to the member 419
states an annual report. 420
(6)(a) All meetings shall be open to the public, and the 421
executive committee shall give 30 days' notice of its meetings, 422
posted on its website and as determined to provide notice to 423
persons with an interest in the business of the commission. The 424
commission may meet in a closed, nonpublic meeting as provided 425
in s. 490.017. 426
1. Public notice for all meetings of the full commission 427
of meetings shall begiven in the same manner as required under 428
the rulemaking provisions in Article IX, except that the 429
commission may hold a special meeting as provided in 430
subparagraph 2. 431
2. The commission may hold a special meeting when it must 432
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meet to conduct emergency business by giving 48 hours' notice to 433
all commissioners on the commission's website and by any other 434
means provided in the commission's rules or bylaws. The 435
commission's legal counsel shall certify that the commission's 436
need to meet qualifies as an emergency. 437
3. If a meeting or any portion of a meet ing is closed under 438
this subsection, the commission's legal counsel or designee 439
shall certify that the meeting may be closed and shall reference 440
each relevant exempting provision. 441
(b) The commission shall keep minutes that fully and 442
clearly describe all matters discussed in a meeting and shall 443
provide a full and accurate summary of actions taken, and the 444
reasons therefore, including a description of the views 445
expressed. All documents considered in connection with an action 446
shall be identified in minutes. All minutes and documents of a 447
closed meeting shall remain under seal, subject to release by a 448
majority vote of the commission or order of a court of competent 449
jurisdiction. 450
(7)(a) The commission shall pay, or provide for the 451
payment of, the reasonable e xpenses of its establishment, 452
organization, and ongoing activities. 453
(b) The commission may accept any and all appropriate 454
revenue sources donations, and grants of money, equipment, 455
supplies, materials, and services. 456
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(c) The commission may not incur obl igations of any kind 457
before securing the funds adequate to meet the same or pledge 458
the credit of any of the member states except by and with the 459
authority of the member state. 460
(d) The commission shall keep accurate accounts of all 461
receipts and disburseme nts. The receipts and disbursements of 462
the commission shall be subject to the financial review and 463
accounting procedures established under its bylaws. However, all 464
receipts and disbursements of funds handled by the commission 465
shall be subject to an annual financial review by a certified or 466
licensed public accountant and the report of the financial 467
review shall be included in and become part of the annual report 468
of the commission. 469
(8)(a) The members, officers, executive director, 470
employees, and representat ives of the commission shall be immune 471
from suit and liability, both personally and in their official 472
capacity, for any claim for damage to or loss of property or 473
personal injury or other civil liability caused by or arising 474
out of any actual or alleged ac t, error, or omission that 475
occurred, or that the person against whom the claim is made had 476
a reasonable basis for believing occurred within the scope of 477
commission employment, duties or responsibilities. Nothing in 478
this paragraph shall be construed to prot ect any such person 479
from suit or liability for any damage, loss, injury, or 480
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liability caused by the intentional or willful or wanton 481
misconduct of that person. The procurement of insurance of any 482
type by the commission may not in any way compromise or limi t 483
the immunity granted hereunder. 484
(b) The commission shall defend any member, officer, 485
executive director, employee, and representative of the 486
commission in any civil action seeking to impose liability 487
arising out of any actual or alleged act, error, or omission 488
that occurred within the scope of commission employment, duties, 489
or responsibilities, or as determined by the commission that the 490
person against whom the claim is made had a reasonable basis for 491
believing occurred within the scope of commission em ployment, 492
duties, or responsibilities, provided that nothing herein shall 493
be construed to prohibit that person from retaining their own 494
counsel at their own expense, and provided further, that the 495
actual or alleged act, error, or omission did not result fr om 496
that person's intentional or willful or wanton misconduct. 497
(c) The commission shall indemnify and hold harmless any 498
member, officer, executive director, employee, and 499
representative of the commission for the amount of any 500
settlement or judgment obtain ed against that person arising out 501
of any actual or alleged act, error, or omission that occurred 502
within the scope of commission employment, duties, or 503
responsibilities, or that such person had a reasonable basis for 504
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believing occurred within the scope of commission employment, 505
duties, or responsibilities, provided that the actual or alleged 506
act, error, or omission did not result from the intentional or 507
willful or wanton misconduct of that person. 508
(9) This compact does not: 509
(a) Limit the liability of a licensee for professional 510
malpractice or misconduct which shall be governed solely by any 511
other applicable state laws. 512
(b) Waive or otherwise abrogate a member state's immunity 513
or affirmative defense with respect to antitrust claims under 514
the Sherman Antitrust Act of 1890, Clayton Antitrust Act of 515
1914, or any other state or federal antitrust or anticompetitive 516
law or regulation. 517
(c) Waive sovereign immunity by the member states or by 518
the commission. 519
520
ARTICLE VIII 521
FACILITATING INFORMATION EXCHANGE 522
523
(1) The commission shall provide for facilitating the 524
exchange of information to administer and implement the compact 525
in accordance with the rules of the commission, consistent with 526
generally accepted data protection principles. 527
(2) Notwithstanding any oth er provision of law to the 528
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contrary, a member state shall agree to provide for the 529
facilitation of the following licensee information as required 530
by the rules of the commission, including all of the following: 531
(a) Identifying information. 532
(b) Licensure data. 533
(c) Adverse actions against a license and information 534
related thereto. 535
(d) Nonconfidential information related to alternative 536
program participation, the beginning and ending dates of such 537
participation, and other information related to such 538
participation not made confidential under member state law. 539
(e) Any denial of application for licensure, and the 540
reason for such denial. 541
(f) The presence of investigative information. 542
(g) Other information that may facilitate the 543
administration of the co mpact or the protection of the public, 544
as determined by commission rules. 545
(3) The compact does not alter, limit, or inhibit the 546
power of a member state to control and maintain ownership of its 547
licensee information or alter, limit, or inhibit the laws or 548
regulations governing licensee information in the member state. 549
550
ARTICLE IX 551
RULEMAKING 552
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553
(1) The commission shall exercise its rulemaking powers 554
provided in the compact and the rules adopted thereunder. Rules 555
and amendments shall become binding as of the date specified in 556
each rule or amendment. 557
(2) The commission shall adopt reasonable rules to achieve 558
the intent and purpose of the compact. In the event the 559
commission exercises its rulemaking authority in a manner that 560
is beyond purpose and intent of th e compact, or the powers 561
granted hereunder, then such an action by the commission shall 562
be invalid and have no force and effect of law in the member 563
states. 564
(3) If a majority of the legislatures of the member states 565
reject a rule by enactment of a statut e or resolution in the 566
same manner used to adopt the compact within 4 years of the date 567
of adoption of the rule, such rule shall have no further force 568
and effect in any member state. 569
(4) Rules or amendments to the rules shall be adopted or 570
ratified at a regular or special meeting of the commission in 571
accordance with commission rules and bylaws. 572
(5) Before adoption of a final rule or rules by the 573
commission, and at least 30 days in advance of the meeting at 574
which the rule will be considered and voted upo n, the commission 575
shall file a notice of proposed rulemaking on the website of the 576
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commission or other publicly accessible platform and on the 577
website of each member state licensing authority or other 578
publicly accessible platform or the publication in whic h each 579
state would otherwise publish proposed rules. 580
(6) Upon determination that an emergency exists, the 581
commission may consider and adopt an emergency rule with 48 582
hours' notice, with the opportunity to comment, provided that 583
the usual rulemaking proce dures are retroactively applied to the 584
rule as soon as reasonably possible, in no event later than 90 585
days after the effective date of the rule. For the purposes of 586
this provision, an emergency rule is one that must be adopted 587
immediately in order to: 588
(a) Meet an imminent threat to public health, safety, or 589
welfare; 590
(b) Prevent a loss of commission or member state funds; 591
(c) Meet a deadline for the adoption of an administrative 592
rule that is established by federal law or rule; or 593
(d) Protect public health and safety. 594
595
ARTICLE X 596
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 597
598
(1)(a) The executive and judicial branches of the state 599
government in each member state shall enforce the compact and 600
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take all actions necessary and appropriate to implement the 601
compact. 602
(b) Venue is proper and judicial proceedings by or against 603
the commission shall be brought solely and exclusively in a 604
court of competent jurisdiction where the principal office of 605
the commission is located. The commission may waive venue an d 606
jurisdictional defenses to the extent it adopts or consents to 607
participate in alternative dispute resolution proceedings. 608
Nothing herein shall affect or limit the selection or propriety 609
of venue in any action against a licensee for professional 610
malpractice, misconduct, or any such similar matter. 611
(c) The commission shall be entitled to receive service of 612
process in any proceeding regarding the enforcement or 613
interpretation of the compact and shall have standing to 614
intervene in such a proceeding for all purposes. Failure to 615
provide the commission service of process shall render a 616
judgment or order void as to the commission, the compact, or 617
adopted rules. 618
(2)(a) If the commission determines that a member state 619
has defaulted in the performance of its obli gations or 620
responsibilities under the compact or the adopted rules, the 621
commission shall provide written notice to the defaulting state. 622
The notice of default shall describe the default, the proposed 623
means of curing the default, and any other action that t he 624
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commission may take, and shall offer training and specific 625
technical assistance regarding the default. 626
(b) The commission shall provide a copy of the notice of 627
default to the other member states. 628
(3) If a state in default fails to cure the default, the 629
defaulting state may be terminated from the compact upon an 630
affirmative vote of a supermajority of the delegates of the 631
member states, and all rights, privileges, and benefits 632
conferred on that state by the compact may be terminated on the 633
effective date of termination. A remedy of the default does not 634
relieve the offending state of obligations or liabilities 635
incurred during the period of default. 636
(4) Termination of membership in the compact shall be 637
imposed only after all other means of securing comp liance have 638
been exhausted. The commission shall submit a notice of intent 639
to suspend or terminate the defaulting state's licensing 640
authority to the defaulting state's governor, the majority and 641
minority leaders of the defaulting state's legislature, and e ach 642
of the member states' licensing authorities. 643
(5) A member state that has been terminated is responsible 644
for all assessments, obligations, and liabilities incurred 645
through the effective date of termination, including obligations 646
that extend beyond the effective date of termination. 647
(6) Upon the termination of a state's membership from the 648
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compact, the state shall immediately provide notice to all 649
licensees within that state of such termination. The terminated 650
state shall continue to recognize all lic enses granted pursuant 651
to the compact for a minimum of 6 months after the date of the 652
notice of termination. 653
(7) The commission may not bear any costs related to a 654
state that is found to be in default or that has been terminated 655
from the compact, unless agreed upon in writing between the 656
commission and the defaulting state. 657
(8) The defaulting state may appeal the action of the 658
commission by petitioning the United States District Court for 659
the District of Columbia or the federal district where the 660
commission has its principal offices. The prevailing party shall 661
be awarded all costs of such litigation, including reasonable 662
attorney fees. 663
(9)(a) Upon request by a member state, the commission 664
shall attempt to resolve disputes related to the compact that 665
arise among member states and between member and nonmember 666
states. 667
(b) The commission shall promulgate a rule providing for 668
both mediation and binding dispute resolution for disputes as 669
appropriate. 670
(10)(a) By majority vote as provided by rule, the 671
commission may initiate legal action against a member state in 672
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default in the United states District Court for the District of 673
Columbia or the federal district where the commission has its 674
principal offices to enforce compliance with the compact and its 675
adopted rules. The relief sought may include both injunctive 676
relief and damages. In the event judicial enforcement is 677
necessary, the prevailing party shall be awarded all costs of 678
such litigation, including reasonable attorney fees. The 679
remedies herein may not be the exclusive remedies of the 680
commission. The commission may pursue any other remedies 681
available under federal or the defaulting member state's law. 682
(b) A member state may initiate legal action against the 683
commission in the United States District Court for the District 684
of Columbia or the federal district where the commission has its 685
principal offices to enforce compliance with the provisions of 686
the compact and its adopted rules. The relief sought may include 687
both injunctive relief and damages. In the eve nt judicial 688
enforcement is necessary, the prevailing party shall be awarded 689
all costs of such litigation, including reasonable attorney 690
fees. 691
(c) Only a member state may enforce the compact against 692
the commission. 693
694
ARTICLE XI 695
EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 696
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697
(1) The compact shall become effective on the date on 698
which the compact statute is enacted into law in the seventh 699
member state. 700
(a) On or after the effective date of the compact, the 701
commission shall convene and review the enactment of each of the 702
charter member states to determine if the statute enacted by 703
each such charter member state is materially different than the 704
model compact statute. 705
1. A charter member state whose enactment is found to be 706
materially different from the model c ompact statute shall be 707
entitled to the default process provided in Article X. 708
2. If any member state is later found to be in default, or 709
is terminated or withdraws from the compact, the commission 710
shall remain in existence and the compact shall remain i n effect 711
even if the number of member states should be less than seven. 712
(b) Member states enacting the compact subsequent to the 713
charter member states shall be subject to Article VII(3)(u) to 714
determine if their enactments are materially different from th e 715
model compact statute and whether they qualify for participation 716
in the compact. 717
(c) All actions taken for the benefit of the commission or 718
in furtherance of the purposes of the administration of the 719
compact before the effective date of the compact or the 720
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commission coming into existence shall be considered to be 721
actions of the commission unless specifically repudiated by the 722
commission. 723
1. Any state that joins the compact subsequent to the 724
commission's initial adoption of the rules and bylaws shall b e 725
subject to the rules and bylaws as they exist on the date on 726
which the compact becomes law in that state. Any rule that has 727
been previously adopted by the commission shall have the full 728
force and effect of law on the day the compact becomes law in 729
that state. 730
2. Any member state may withdraw from the compact by 731
enacting a statute repealing the same. 732
(2) A member state's withdrawal may not take effect until 733
180 days after enactment of the repealing statute. 734
(3) Withdrawal may not affect the continuing requirement 735
of the withdrawing state's licensing authority to comply with 736
the investigative and adverse action reporting requirements of 737
the compact before the effective date of withdrawal. 738
(4) Upon the enactment of a statute withdrawing from the 739
compact, a state shall immediately provide notice of such 740
withdrawal to all licensees within that state. Notwithstanding 741
any subsequent statutory enactment to the contrary, such 742
withdrawing state shall continue to recognize all licenses 743
granted pursuant to the compact for a minimum of 6 months after 744
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the date of such notice of withdrawal. 745
(a) The compact does not prevent any licensure agreement 746
or other cooperative arrangement between a member state and a 747
nonmember state that does not conflict with the provisions of 748
the compact. 749
(b) The compact may be amended by the member states. An 750
amendment to the compact will not become effective and binding 751
upon any member state until it is enacted into the laws of all 752
member states. 753
754
ARTICLE XII 755
CONSTRUCTION AND SEVERABILITY 756
757
(1) The compact and the commission's rulemaking authority 758
shall be liberally construed so as to effectuate the purposes, 759
implementation, and administration of the compact. Provisions of 760
the compact expressly authorizing or requiring the ad option of 761
rules may not be construed to limit the commission's rulemaking 762
authority solely for those purposes. 763
(2) The provisions of the compact shall be severable and 764
if any phrase, clause, sentence, or provision of the compact is 765
held by a court of com petent jurisdiction to be contrary to the 766
constitution of any member state, a state seeking participation 767
in the compact, or of the United States, or the applicability 768
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thereof to any government, agency, person or circumstance is 769
held to be unconstitutional by a court of competent 770
jurisdiction, the validity of the remainder of the compact and 771
the applicability thereof to any other government, agency, 772
person, or circumstance may not be affected thereby. 773
(3) Notwithstanding subsection (2), the commission may 774
deny a state's participation in the compact or, in accordance 775
with the requirements of Article X(2)(a), terminate a member 776
state's participation in the compact, if it determines that a 777
constitutional requirement of a member state is a material 778
departure from the compact. Otherwise, if the compact shall be 779
held to be contrary to the constitution of any member state, the 780
compact shall remain in full force and effect as to the 781
remaining member states and in full force and effect as to the 782
member state affecte d as to all severable matters. 783
784
ARTICLE XIII 785
CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 786
787
(1) Nothing herein shall prevent or inhibit the 788
enforcement of any other law of a member state that is 789
consistent with the compact. 790
(2) Any laws, statute s, regulations, or other legal 791
requirements in a member state in conflict with the compact are 792
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superseded to the extent of the conflict. 793
(3) All permissible agreements between the commission and 794
the member states are binding in accordance with their term s. 795
Section 2. This act shall take effect July 1, 2025. 796