Georgia 2023-2024 Regular Session

Georgia House Bill HB153 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	23 LC 33 9243
2	2	H. B. 153
3	3	- 1 -
4	4	House Bill 153
5	5	By: Representatives Scott of the 76
6	6	th
7	7	, Davis of the 87
8	8	th
9	9	, and Schofield of the 63
10	10	rd
11	11
12	12	A BILL TO BE ENTITLED
13	13	AN ACT
14	14	To amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to
15	15	1
16	16	massage therapy practice, so as to enter into an interstate compact known as the "Interstate2
17	17	Massage Compact"; to authorize the Georgia Board of Massage Therapy to administer the3
18	18	compact in this state; to provide definitions; to provide for conditions; to provide for4
19	19	eligibility; to provide for related matters; to repeal conflicting laws; and for other purposes.5
20	20	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
21	21	SECTION 1.7
22	22	Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage8
23	23	therapy practice, is amended by revising paragraph (6) of Code Section 43-24A-3, relating9
24	24	to definitions, as follows:10
25	25	"(6) 'License' means a valid and current certificate of registration issued by the board11
26	26	pursuant to this chapter to practice massage therapy or a multistate license issued
27	27	12
28	28	pursuant to the Interstate Massage Compact contained in Article 3 of this chapter."13 23 LC 33 9243
29	29	H. B. 153
30	30	- 2 -
31	31	SECTION 2.
32	32	14
33	33	Said chapter is further amended by revising subsection (b) of Code Section 43-24A-7,15
34	34	relating to the powers of the Georgia Board of Massage Therapy, as follows:16
35	35	"(b) The board shall have the power to:17
36	36	(1) Examine and determine the qualifications and fitness of applicants for licenses to18
37	37	practice massage therapy in this state;19
38	38	(2) Issue, renew, refuse to renew, deny, suspend, or revoke licenses to practice massage20
39	39	therapy in this state or otherwise discipline licensed massage therapists;21
40	40	(3) Conduct investigations for the purpose of discovering violations of this chapter or22
41	41	grounds for disciplining persons or entities acting in violation of this chapter;23
42	42	(4) Upon reasonable notice, request on-site inspections of the facility, equipment,24
43	43	policies, and practices of a massage therapy business or board recognized massage25
44	44	therapy educational program by appropriate inspectors in the Office of the Secretary of26
45	45	State for the purpose of determining compliance with the standards established pursuant27
46	46	to this chapter;28
47	47	(5) Hold hearings on all matters properly brought before the board and, in conjunction29
48	48	therewith, to administer oaths, receive evidence, make the necessary determinations, and30
49	49	enter orders consistent with the findings. The board may designate one or more of its31
50	50	members as its hearing officer;32
51	51	(6) Adopt, revise, and enforce rules concerning advertising by licensees including, but33
52	52	not limited to, rules to prohibit false, misleading, or deceptive practices;34
53	53	(7) Periodically evaluate board recognized massage therapy educational programs and35
54	54	license such programs that meet the board's requirements;36
55	55	(8) Develop and enforce standards for continuing education courses required of licensed37
56	56	massage therapists which may include courses in massage therapy or any of the38
57	57	modalities described in paragraphs (5) through (8) of subsection (a) of Code Section39
58	58	43-24A-19;40 23 LC 33 9243
59	59	H. B. 153
60	60	- 3 -
61	61	(9) Develop and enforce reasonable and uniform standards for massage therapy
62	62	41
63	63	educational programs and massage therapy practice;42
64	64	(10) Deny or withdraw recognition of noncompliant massage therapy educational43
65	65	programs that do not meet standards established pursuant to this chapter;44
66	66	(11) Appoint standing or ad hoc committees as necessary to inform and make45
67	67	recommendations to the board about issues and concerns of the massage therapy46
68	68	profession and to facilitate communication amongst the board, licensees under this47
69	69	chapter, and the community, which may include nonmembers of the board;48
70	70	(12) Collect and publish data regarding existing massage therapy resources in Georgia49
71	71	without violation of any state or federal privacy laws and coordinate planning for board50
72	72	recognized massage therapy educational programs and practice;51
73	73	(13) Adopt an official seal; and
74	74	52
75	75	(14) Bring proceedings to the courts for the enforcement of this chapter or any rules and53
76	76	regulations promulgated pursuant to this chapter; and54
77	77	(15) Administer the Interstate Massage Compact contained in Article 3 of this chapter."55
78	78	SECTION 3.56
79	79	Said chapter is further amended by adding a new article to read as follows:57
80	80	"ARTICLE 358
81	81	43-24A-40.59
82	82	This article shall be known and may be cited as the 'Interstate Massage Compact Act.'60 23 LC 33 9243
83	83	H. B. 153
84	84	- 4 -
85	85	43-24A-41.61
86	86	The Interstate Massage Compact is enacted into law and entered into by the State of62
87	87	Georgia with any and all other states legally joining therein in the form substantially as63
88	88	follows:64
89	89	'INTERSTATE MASSAGE COMPACT65
90	90	ARTICLE 1- PURPOSE66
91	91	The purpose of this Compact is to reduce the burdens on State governments and to facilitate67
92	92	the interstate practice and regulation of Massage Therapy with the goal of improving public68
93	93	access to, and the safety of, Massage Therapy Services. Through this Compact, the69
94	94	Member States seek to establish a regulatory framework which provides for a new70
95	95	multistate licensing program. Through this additional licensing pathway, the Member71
96	96	States seek to provide increased value and mobility to licensed massage therapists in the72
97	97	Member States, while ensuring the provision of safe, competent, and reliable services to73
98	98	the public.74
99	99	This Compact is designed to achieve the following objectives, and the Member States75
100	100	hereby ratify the same intentions by subscribing hereto:76
101	101	A. Increase public access to Massage Therapy Services by providing for a multistate77
102	102	licensing pathway;78
103	103	B. Enhance the Member States' ability to protect the public's health and safety;79
104	104	C. Enhance the Member States' ability to prevent human trafficking and licensure fraud;80
105	105	D. Encourage the cooperation of Member States in regulating the multistate Practice of81
106	106	Massage Therapy;82
107	107	E. Support relocating military members and their spouses;83
108	108	F. Facilitate and enhance the exchange of licensure, investigative, and disciplinary84
109	109	information between the Member States;85 23 LC 33 9243
110	110	H. B. 153
111	111	- 5 -
112	112	G. Create an Interstate Commission that will exist to implement and administer the86
113	113	Compact;87
114	114	H. Allow a Member State to hold a Licensee accountable, even where that Licensee holds88
115	115	a Multistate License;89
116	116	I. Create a streamlined pathway for Licensees to practice in Member States, thus90
117	117	increasing the mobility of duly licensed massage therapists; and91
118	118	J. Serve the needs of licensed massage therapists and the public receiving their services;92
119	119	however,93
120	120	K. Nothing in this Compact is intended to prevent a State from enforcing its own laws94
121	121	regarding the Practice of Massage Therapy.95
122	122	ARTICLE 2- DEFINITIONS96
123	123	As used in this Compact, except as otherwise provided and subject to clarification by the97
124	124	Rules of the Commission, the following definitions shall govern the terms herein:98
125	125	A. "Active Duty Military" - any individual in full-time duty status in the active uniformed99
126	126	service of the United States including members of the National Guard and Reserve.100
127	127	B. "Adverse Action" - any administrative, civil, equitable, or criminal action permitted by101
128	128	a Member State's laws which is imposed by a Licensing Authority or other regulatory body102
129	129	against a Licensee, including actions against an individual's Authorization to Practice such103
130	130	as revocation, suspension, probation, surrender in lieu of discipline, monitoring of the104
131	131	Licensee, limitation of the Licensee's practice, or any other Encumbrance on licensure105
132	132	affecting an individual's ability to practice Massage Therapy, including the issuance of a106
133	133	cease and desist order.107
134	134	C. "Alternative Program" - a non-disciplinary monitoring or prosecutorial diversion108
135	135	program approved by a Member State's Licensing Authority.109
136	136	D. "Authorization to Practice" - a legal authorization by a Remote State pursuant to a110
137	137	Multistate License permitting the Practice of Massage Therapy in that Remote State, which111 23 LC 33 9243
138	138	H. B. 153
139	139	- 6 -
140	140	shall be subject to the enforcement jurisdiction of the Licensing Authority in that Remote112
141	141	State.113
142	142	E. "Background Check" - the submission of an applicant's criminal history record114
143	143	information, as further defined in 28 C.F.R. § 20.3(d), as amended from the Federal Bureau115
144	144	of Investigation and the agency responsible for retaining State criminal records in the116
145	145	applicant's Home State.117
146	146	F. "Charter Member States" - Member States who have enacted legislation to adopt this118
147	147	Compact where such legislation predates the effective date of this Compact as defined in119
148	148	Article 12.120
149	149	G. "Commission" - the government agency whose membership consists of all States that121
150	150	have enacted this Compact, which is known as the Interstate Massage Compact122
151	151	Commission, as defined in Article 8, and which shall operate as an instrumentality of the123
152	152	Member States.124
153	153	H. "Continuing Competence" - a requirement, as a condition of license renewal, to provide125
154	154	evidence of participation in, and completion of, educational or professional activities that126
155	155	maintain, improve, or enhance Massage Therapy fitness to practice.127
156	156	I. "Current Significant Investigative Information" - Investigative Information that a128
157	157	Licensing Authority, after an inquiry or investigation that complies with a Member State's129
158	158	due process requirements, has reason to believe is not groundless and, if proved true, would130
159	159	indicate a violation of that State's laws regarding the Practice of Massage Therapy.131
160	160	J. "Data System" - a repository of information about Licensees who hold Multistate132
161	161	Licenses, which may include but is not limited to license status, Investigative Information,133
162	162	and Adverse Actions.134
163	163	K. "Disqualifying Event" - any event which shall disqualify an individual from holding135
164	164	a Multistate License under this Compact, which the Commission may by Rule specify.136
165	165	L. "Encumbrance" - a revocation or suspension of, or any limitation or condition on, the137
166	166	full and unrestricted Practice of Massage Therapy by a Licensing Authority.138 23 LC 33 9243
167	167	H. B. 153
168	168	- 7 -
169	169	M. "Executive Committee" - a group of delegates elected or appointed to act on behalf of,139
170	170	and within the powers granted to them by, the Commission.140
171	171	N. "Home State" - means the Member State which is a Licensee's primary state of141
172	172	residence where the Licensee holds an active Single-State License.142
173	173	O. "Investigative Information" - information, records, or documents received or generated143
174	174	by a Licensing Authority pursuant to an investigation or other inquiry.144
175	175	P. "Licensing Authority" - a State's regulatory body responsible for issuing Massage145
176	176	Therapy licenses or otherwise overseeing the Practice of Massage Therapy in that State.146
177	177	Q. "Licensee" - an individual who currently holds a license from a Member State to fully147
178	178	practice Massage Therapy, whose license is not a student, provisional, temporary, inactive,148
179	179	or other similar status.149
180	180	R. "Massage Therapy", "Massage Therapy Services", and the "Practice of Massage150
181	181	Therapy" - the care and services provided by a Licensee as set forth in the Member State's151
182	182	statutes and regulations in the State where the services are being provided.152
183	183	S. "Member State" - any State that has adopted this Compact.153
184	184	T. "Multistate License" - a license that consists of Authorizations to Practice Massage154
185	185	Therapy in all Remote States pursuant to this Compact, which shall be subject to the155
186	186	enforcement jurisdiction of the Licensing Authority in a Licensee's Home State.156
187	187	U. "National Licensing Examination" - A national examination developed by a national157
188	188	association of Massage Therapy regulatory boards, as defined by Commission Rule, that158
189	189	is derived from a practice analysis and is consistent with generally accepted psychometric159
190	190	principles of fairness, validity and reliability, and is administered under secure and160
191	191	confidential examination protocols.161
192	192	V. "Remote State" - any Member State, other than the Licensee's Home State.162
193	193	W. "Rule" - any opinion or regulation promulgated by the Commission under this163
194	194	Compact, which shall have the force of law.164 23 LC 33 9243
195	195	H. B. 153
196	196	- 8 -
197	197	X. "Single-State License" - a current, valid authorization issued by a Member State's165
198	198	Licensing Authority allowing an individual to fully practice Massage Therapy, that is not166
199	199	a restricted, student, provisional, temporary, or inactive practice authorization and167
200	200	authorizes practice only within the issuing State.168
201	201	Y. "State" - a state, territory, possession of the United States, or the District of Columbia.169
202	202	ARTICLE 3- MEMBER STATE REQUIREMENTS170
203	203	A. To be eligible to join this Compact, and to maintain eligibility as a Member State, a171
204	204	State must:172
205	205	1. License and regulate the Practice of Massage Therapy;173
206	206	2. Have a mechanism or entity in place to receive and investigate complaints from the174
207	207	public, regulatory or law enforcement agencies, or the Commission about Licensees175
208	208	practicing in that State;176
209	209	3. Accept passage of a National Licensing Examination as a criterion for Massage177
210	210	Therapy licensure in that State;178
211	211	4. Require that Licensees satisfy educational requirements prior to being licensed to179
212	212	provide Massage Therapy Services to the public in that State;180
213	213	5. Implement procedures for requiring the Background Check of applicants for a181
214	214	Multistate License, and for the reporting of any Disqualifying Events, including but not182
215	215	limited to obtaining and submitting, for each Licensee holding a Multistate License and183
216	216	each applicant for a Multistate License, fingerprint or other biometric-based information184
217	217	to the Federal Bureau of Investigation for Background Checks; receiving the results of185
218	218	the Federal Bureau of Investigation record search on Background Checks and considering186
219	219	the results of such a Background Check in making licensure decisions;187
220	220	6. Have Continuing Competence requirements as a condition for license renewal;188
221	221	7. Participate in the Data System, including through the use of unique identifying189
222	222	numbers as described herein;190 23 LC 33 9243
223	223	H. B. 153
224	224	- 9 -
225	225	8. Notify the Commission and other Member States, in compliance with the terms of the191
226	226	Compact and Rules of the Commission, of any disciplinary action taken by the State192
227	227	against a Licensee practicing under a Multistate License in that State, or of the existence193
228	228	of Investigative Information or Current Significant Investigative Information regarding194
229	229	a Licensee practicing in that State pursuant to a Multistate License;195
230	230	9. Comply with the Rules of the Commission;196
231	231	10. Accept Licensees with valid Multistate Licenses from other Member States as197
232	232	established herein;198
233	233	B. Individuals not residing in a Member State shall continue to be able to apply for a199
234	234	Member State's Single-State License as provided under the laws of each Member State.200
235	235	However, the Single-State License granted to those individuals shall not be recognized as201
236	236	granting a Multistate License for Massage Therapy in any other Member State;202
237	237	C. Nothing in this Compact shall affect the requirements established by a Member State203
238	238	for the issuance of a Single-State License; and204
239	239	D. A Multistate License issued to a Licensee shall be recognized by each Remote State as205
240	240	an Authorization to Practice Massage Therapy in each Remote State.206
241	241	ARTICLE 4- MULTISTATE LICENSE REQUIREMENTS207
242	242	A. To qualify for a Multistate License under this Compact, and to maintain eligibility for208
243	243	such a license, an applicant must:209
244	244	1. Hold an active Single-State License to practice Massage Therapy in the applicant's210
245	245	Home State;211
246	246	2. Have completed at least six hundred and twenty-five (625) clock hours of Massage212
247	247	Therapy education or the substantial equivalent which the Commission may approve by213
248	248	Rule.214
249	249	3. Have passed a National Licensing Examination or the substantial equivalent which the215
250	250	Commission may approve by Rule.216 23 LC 33 9243
251	251	H. B. 153
252	252	- 10 -
253	253	4. Submit to a Background Check;217
254	254	5. Have not been convicted or found guilty, or have entered into an agreed disposition,218
255	255	of a felony offense under applicable State or federal criminal law, within five (5) years219
256	256	prior to the date of their application, where such a time period shall not include any time220
257	257	served for the offense, and provided that the applicant has completed any and all221
258	258	requirements arising as a result of any such offense;222
259	259	6. Have not been convicted or found guilty, or have entered into an agreed disposition,223
260	260	of a misdemeanor offense related to the Practice of Massage Therapy under applicable224
261	261	State or federal criminal law, within two (2) years prior to the date of their application225
262	262	where such a time period shall not include any time served for the offense, and provided226
263	263	that the applicant has completed any and all requirements arising as a result of any such227
264	264	offense;228
265	265	7. Have not been convicted or found guilty, or have entered into an agreed disposition,229
266	266	of any offense, whether a misdemeanor or a felony, under State or federal law, at any230
267	267	time, relating to any of the following:231
268	268	a. Kidnapping;232
269	269	b. Human trafficking;233
270	270	c. Human smuggling;234
271	271	d. Sexual battery, sexual assault, or any related offenses; or235
272	272	e. Any other category of offense which the Commission may by Rule designate.236
273	273	8. Have not previously held a Massage Therapy license which was revoked by, or237
274	274	surrendered in lieu of discipline to an applicable Licensing Authority;238
275	275	9. Have no history of any Adverse Action on any occupational or professional license239
276	276	within two (2) years prior to the date of their application; and240
277	277	10. Pay all required fees.241
278	278	B. A Multistate License granted pursuant to this Compact may be effective for a definite242
279	279	period of time concurrent with the renewal of the Home State license.243 23 LC 33 9243
280	280	H. B. 153
281	281	- 11 -
282	282	C. A Licensee practicing in a Member State is subject to all scope of practice laws244
283	283	governing Massage Therapy Services in that State.245
284	284	D. The Practice of Massage Therapy under a Multistate License granted pursuant to this246
285	285	Compact will subject the Licensee to the jurisdiction of the Licensing Authority, the courts,247
286	286	and the laws of the Member State in which the Massage Therapy Services are provided.248
287	287	ARTICLE 5- AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION249
288	288	AND MEMBER STATE LICENSING AUTHORITIES250
289	289	A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,251
290	290	restrict, or in any way reduce the ability of a Member State to enact and enforce laws,252
291	291	regulations, or other rules related to the Practice of Massage Therapy in that State, where253
292	292	those laws, regulations, or other rules are not inconsistent with the provisions of this254
293	293	Compact.255
294	294	B. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,256
295	295	restrict, or in any way reduce the ability of a Member State to take Adverse Action against257
296	296	a Licensee's Single-State License to practice Massage Therapy in that State.258
297	297	C. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,259
298	298	restrict, or in any way reduce the ability of a Remote State to take Adverse Action against260
299	299	a Licensee's Authorization to Practice in that State.261
300	300	D. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,262
301	301	restrict, or in any way reduce the ability of a Licensee's Home State to take Adverse Action263
302	302	against a Licensee's Multistate License based upon information provided by a Remote264
303	303	State.265
304	304	E. Insofar as practical, a Member State's Licensing Authority shall cooperate with the266
305	305	Commission and with each entity exercising independent regulatory authority over the267
306	306	Practice of Massage Therapy according to the provisions of this Compact.268 23 LC 33 9243
307	307	H. B. 153
308	308	- 12 -
309	309	ARTICLE 6- ADVERSE ACTIONS269
310	310	A. A Licensee's Home State shall have exclusive power to impose an Adverse Action270
311	311	against a Licensee's Multistate License issued by the Home State.271
312	312	B. A Home State may take Adverse Action on a Multistate License based on the272
313	313	Investigative Information, Current Significant Investigative Information, or Adverse Action273
314	314	of a Remote State.274
315	315	C. A Home State shall retain authority to complete any pending investigations of a275
316	316	Licensee practicing under a Multistate License who changes their Home State during the276
317	317	course of such an investigation. The Licensing Authority shall also be empowered to277
318	318	report the results of such an investigation to the Commission through the Data System as278
319	319	described herein.279
320	320	D. Any Member State may investigate actual or alleged violations of the scope of practice280
321	321	laws in any other Member State for a massage therapist who holds a Multistate License.281
322	322	E. A Remote State shall have the authority to:282
323	323	1. Take Adverse Actions against a Licensee's Authorization to Practice;283
324	324	2. Issue cease and desist orders or impose an Encumbrance on a Licensee's Authorization284
325	325	to Practice in that State.285
326	326	3. Issue subpoenas for both hearings and investigations that require the attendance and286
327	327	testimony of witnesses, as well as the production of evidence. Subpoenas issued by a287
328	328	Licensing Authority in a Member State for the attendance and testimony of witnesses or288
329	329	the production of evidence from another Member State shall be enforced in the latter289
330	330	State by any court of competent jurisdiction, according to the practice and procedure of290
331	331	that court applicable to subpoenas issued in proceedings before it. The issuing Licensing291
332	332	Authority shall pay any witness fees, travel expenses, mileage, and other fees required292
333	333	by the service statutes of the State in which the witnesses or evidence are located.293 23 LC 33 9243
334	334	H. B. 153
335	335	- 13 -
336	336	4. If otherwise permitted by State law, recover from the affected Licensee the costs of294
337	337	investigations and disposition of cases resulting from any Adverse Action taken against295
338	338	that Licensee.296
339	339	5. Take Adverse Action against the Licensee's Authorization to Practice in that State297
340	340	based on the factual findings of another Member State.298
341	341	F. If an Adverse Action is taken by the Home State against a Licensee's Multistate License299
342	342	or Single-State License to practice in the Home State, the Licensee's Authorization to300
343	343	Practice in all other Member States shall be deactivated until all Encumbrances have been301
344	344	removed from such license. All Home State disciplinary orders that impose an Adverse302
345	345	Action against a Licensee shall include a statement that the Massage Therapist's303
346	346	Authorization to Practice is deactivated in all Member States during the pendency of the304
347	347	order.305
348	348	G. If Adverse Action is taken by a Remote State against a Licensee's Authorization to306
349	349	Practice, that Adverse Action applies to all Authorizations to Practice in all Remote States.307
350	350	A Licensee whose Authorization to Practice in a Remote State is removed for a specified308
351	351	period of time is not eligible to apply for a new Multistate License in any other State until309
352	352	the specific time for removal of the Authorization to Practice has passed and all310
353	353	encumbrance requirements are satisfied.311
354	354	H. Nothing in this Compact shall override a Member State's authority to accept a312
355	355	Licensee's participation in an Alternative Program in lieu of Adverse Action. A Licensee's313
356	356	Multistate License shall be suspended for the duration of the Licensee's participation in any314
357	357	Alternative Program.315
358	358	I. Joint Investigations316
359	359	1. In addition to the authority granted to a Member State by its respective scope of317
360	360	practice laws or other applicable State law, a Member State may participate with other318
361	361	Member States in joint investigations of Licensees.319 23 LC 33 9243
362	362	H. B. 153
363	363	- 14 -
364	364	2. Member States shall share any investigative, litigation, or compliance materials in320
365	365	furtherance of any joint or individual investigation initiated under the Compact.321
366	366	ARTICLE 7- ACTIVE DUTY MILITARY AND THEIR SPOUSES322
367	367	Active Duty Military personnel, or their spouses, shall designate a Home State where the323
368	368	individual has a current license to practice Massage Therapy in good standing. The324
369	369	individual may retain their Home State designation during any period of service when that325
370	370	individual or their spouse is on active duty assignment.326
371	371	ARTICLE 8- ESTABLISHMENT AND OPERATION OF327
372	372	INTERSTATE MASSAGE COMPACT COMMISSION328
373	373	A. The Compact Member States hereby create and establish a joint government agency329
374	374	whose membership consists of all Member States that have enacted the Compact known330
375	375	as the Interstate Massage Compact Commission. The Commission is an instrumentality331
376	376	of the Compact States acting jointly and not an instrumentality of any one State. The332
377	377	Commission shall come into existence on or after the effective date of the Compact as set333
378	378	forth in Article 12.334
379	379	B. Membership, Voting, and Meetings335
380	380	1. Each Member State shall have and be limited to one (1) delegate selected by that336
381	381	Member State's State Licensing Authority.337
382	382	2. The delegate shall be the primary administrative officer of the State Licensing338
383	383	Authority or their designee.339
384	384	3. The Commission shall by Rule or bylaw establish a term of office for delegates and340
385	385	may by Rule or bylaw establish term limits.341
386	386	4. The Commission may recommend removal or suspension of any delegate from office.342 23 LC 33 9243
387	387	H. B. 153
388	388	- 15 -
389	389	5. A Member State's State Licensing Authority shall fill any vacancy of its delegate343
390	390	occurring on the Commission within 60 days of the vacancy.344
391	391	6. Each delegate shall be entitled to one vote on all matters that are voted on by the345
392	392	Commission.346
393	393	7. The Commission shall meet at least once during each calendar year. Additional347
394	394	meetings may be held as set forth in the bylaws. The Commission may meet by348
395	395	telecommunication, video conference or other similar electronic means.349
396	396	C. The Commission shall have the following powers:350
397	397	1. Establish the fiscal year of the Commission;351
398	398	2. Establish code of conduct and conflict of interest policies;352
399	399	3. Adopt Rules and bylaws;353
400	400	4. Maintain its financial records in accordance with the bylaws;354
401	401	5. Meet and take such actions as are consistent with the provisions of this Compact, the355
402	402	Commission's Rules, and the bylaws;356
403	403	6. Initiate and conclude legal proceedings or actions in the name of the Commission,357
404	404	provided that the standing of any State Licensing Authority to sue or be sued under358
405	405	applicable law shall not be affected;359
406	406	7. Maintain and certify records and information provided to a Member State as the360
407	407	authenticated business records of the Commission, and designate an agent to do so on the361
408	408	Commission's behalf;362
409	409	8. Purchase and maintain insurance and bonds;363
410	410	9. Borrow, accept, or contract for services of personnel, including, but not limited to,364
411	411	employees of a Member State;365
412	412	10. Conduct an annual financial review;366
413	413	11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such367
414	414	individuals appropriate authority to carry out the purposes of the Compact, and establish368 23 LC 33 9243
415	415	H. B. 153
416	416	- 16 -
417	417	the Commission's personnel policies and programs relating to conflicts of interest,369
418	418	qualifications of personnel, and other related personnel matters;370
419	419	12. Assess and collect fees;371
420	420	13. Accept any and all appropriate gifts, donations, grants of money, other sources of372
421	421	revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose373
422	422	of the same; provided that at all times the Commission shall avoid any appearance of374
423	423	impropriety or conflict of interest;375
424	424	14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or376
425	425	mixed, or any undivided interest therein;377
426	426	15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of378
427	427	any property real, personal, or mixed;379
428	428	16. Establish a budget and make expenditures;380
429	429	17. Borrow money;381
430	430	18. Appoint committees, including standing committees, composed of members, State382
431	431	regulators, State legislators or their representatives, and consumer representatives, and383
432	432	such other interested persons as may be designated in this Compact and the bylaws;384
433	433	19. Accept and transmit complaints from the public, regulatory or law enforcement385
434	434	agencies, or the Commission, to the relevant Member State(s) regarding potential386
435	435	misconduct of Licensees;387
436	436	20. Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of the388
437	437	Commission as provided in the Commission's bylaws;389
438	438	21. Establish and elect an Executive Committee, including a chair and a vice chair;390
439	439	22. Adopt and provide to the Member States an annual report.391
440	440	23. Determine whether a State's adopted language is materially different from the model392
441	441	Compact language such that the State would not qualify for participation in the Compact;393
442	442	and394 23 LC 33 9243
443	443	H. B. 153
444	444	- 17 -
445	445	24. Perform such other functions as may be necessary or appropriate to achieve the395
446	446	purposes of this Compact.396
447	447	D. The Executive Committee397
448	448	1. The Executive Committee shall have the power to act on behalf of the Commission398
449	449	according to the terms of this Compact. The powers, duties, and responsibilities of the399
450	450	Executive Committee shall include:400
451	451	a. Overseeing the day-to-day activities of the administration of the Compact including401
452	452	compliance with the provisions of the Compact, the Commission's Rules and bylaws,402
453	453	and other such duties as deemed necessary;403
454	454	b. Recommending to the Commission changes to the Rules or bylaws, changes to this404
455	455	Compact legislation, fees charged to Compact Member States, fees charged to405
456	456	Licensees, and other fees;406
457	457	c. Ensuring Compact administration services are appropriately provided, including by407
458	458	contract;408
459	459	d. Preparing and recommending the budget;409
460	460	e. Maintaining financial records on behalf of the Commission;410
461	461	f. Monitoring Compact compliance of Member States and providing compliance411
462	462	reports to the Commission;412
463	463	g. Establishing additional committees as necessary;413
464	464	h. Exercise the powers and duties of the Commission during the interim between414
465	465	Commission meetings, except for adopting or amending Rules, adopting or amending415
466	466	bylaws, and exercising any other powers and duties expressly reserved to the416
467	467	Commission by Rule or bylaw; and417
468	468	i. Other duties as provided in the Rules or bylaws of the Commission.418
469	469	2. The Executive Committee shall be composed of seven voting members and up to two419
470	470	exofficio members as follows:420 23 LC 33 9243
471	471	H. B. 153
472	472	- 18 -
473	473	a. The chair and vice chair of the Commission and any other members of the421
474	474	Commission who serve on the Executive Committee shall be voting members of the422
475	475	Executive Committee; and423
476	476	b. Other than the chair, vice-chair, secretary and treasurer, the Commission shall elect424
477	477	three voting members from the current membership of the Commission.425
478	478	c. The Commission may elect ex-officio, nonvoting members as necessary as follows:426
479	479	i. One ex-officio member who is a representative of the national association of State427
480	480	Massage Therapy regulatory boards428
481	481	ii. One ex-officio member as specified in the Commission's bylaws.429
482	482	3. The Commission may remove any member of the Executive Committee as provided430
483	483	in the Commission's bylaws.431
484	484	4. The Executive Committee shall meet at least annually.432
485	485	a. Executive Committee meetings shall be open to the public, except that the Executive433
486	486	Committee may meet in a closed, non-public session of a public meeting when dealing434
487	487	with any of the matters covered under subsection F.4.435
488	488	b. The Executive Committee shall give five business days advance notice of its public436
489	489	meetings, posted on its website and as determined to provide notice to persons with an437
490	490	interest in the public matters the Executive Committee intends to address at those438
491	491	meetings.439
492	492	5. The Executive Committee may hold an emergency meeting when acting for the440
493	493	Commission to:441
494	494	a. Meet an imminent threat to public health, safety, or welfare;442
495	495	b. Prevent a loss of Commission or Participating State funds; or443
496	496	c. Protect public health and safety.444
497	497	E. The Commission shall adopt and provide to the Member States an annual report.445
498	498	F. Meetings of the Commission446 23 LC 33 9243
499	499	H. B. 153
500	500	- 19 -
501	501	1. All meetings of the Commission that are not closed pursuant to this subsection shall447
502	502	be open to the public. Notice of public meetings shall be posted on the Commission's448
503	503	website at least thirty (30) days prior to the public meeting.449
504	504	2. Notwithstanding subsection F.1 of this Article, the Commission may convene an450
505	505	emergency public meeting by providing at least twenty-four (24) hours prior notice on451
506	506	the Commission's website, and any other means as provided in the Commission's Rules,452
507	507	for any of the reasons it may dispense with notice of proposed rulemaking under Article453
508	508	10.L. The Commission's legal counsel shall certify the that one of the reasons justifying454
509	509	an emergency public meeting has been met.455
510	510	3. Notice of all Commission meetings shall provide the time, date, and location of the456
511	511	meeting, and if the meeting is to be held or accessible via telecommunication, video457
512	512	conference, or other electronic means, the notice shall include the mechanism for access458
513	513	to the meeting.459
514	514	4. The Commission may convene in a closed, non-public meeting for the Commission460
515	515	to discuss:461
516	516	a. Non-compliance of a Member State with its obligations under the Compact;462
517	517	b. The employment, compensation, discipline or other matters, practices or procedures463
518	518	related to specific employees or other matters related to the Commission's internal464
519	519	personnel practices and procedures;465
520	520	c. Current or threatened discipline of a Licensee by the Commission or by a Member466
521	521	State's Licensing Authority;467
522	522	d. Current, threatened, or reasonably anticipated litigation;468
523	523	e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real469
524	524	estate;470
525	525	f. Accusing any person of a crime or formally censuring any person;471
526	526	g. Trade secrets or commercial or financial information that is privileged or472
527	527	confidential;473 23 LC 33 9243
528	528	H. B. 153
529	529	- 20 -
530	530	h. Information of a personal nature where disclosure would constitute a clearly474
531	531	unwarranted invasion of personal privacy;475
532	532	i. Investigative records compiled for law enforcement purposes;476
533	533	j. Information related to any investigative reports prepared by or on behalf of or for use477
534	534	of the Commission or other committee charged with responsibility of investigation or478
535	535	determination of compliance issues pursuant to the Compact;479
536	536	k. Legal advice;480
537	537	l. Matters specifically exempted from disclosure to the public by federal or Member481
538	538	State law; or482
539	539	m. Other matters as promulgated by the Commission by Rule.483
540	540	5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the484
541	541	meeting will be closed and reference each relevant exempting provision, and such485
542	542	reference shall be recorded in the minutes.486
543	543	6. The Commission shall keep minutes that fully and clearly describe all matters487
544	544	discussed in a meeting and shall provide a full and accurate summary of actions taken,488
545	545	and the reasons therefore, including a description of the views expressed. All documents489
546	546	considered in connection with an action shall be identified in such minutes. All minutes490
547	547	and documents of a closed meeting shall remain under seal, subject to release only by a491
548	548	majority vote of the Commission or order of a court of competent jurisdiction.492
549	549	G. Financing of the Commission493
550	550	1. The Commission shall pay, or provide for the payment of, the reasonable expenses of494
551	551	its establishment, organization, and ongoing activities.495
552	552	2. The Commission may accept any and all appropriate sources of revenue, donations,496
553	553	and grants of money, equipment, supplies, materials, and services.497
554	554	3. The Commission may levy on and collect an annual assessment from each Member498
555	555	State and impose fees on Licensees of Member States to whom it grants a Multistate499
556	556	License to cover the cost of the operations and activities of the Commission and its staff,500 23 LC 33 9243
557	557	H. B. 153
558	558	- 21 -
559	559	which must be in a total amount sufficient to cover its annual budget as approved each501
560	560	year for which revenue is not provided by other sources. The aggregate annual502
561	561	assessment amount for Member States shall be allocated based upon a formula that the503
562	562	Commission shall promulgate by Rule.504
563	563	4. The Commission shall not incur obligations of any kind prior to securing the funds505
564	564	adequate to meet the same; nor shall the Commission pledge the credit of any Member506
565	565	States, except by and with the authority of the Member State.507
566	566	5. The Commission shall keep accurate accounts of all receipts and disbursements. The508
567	567	receipts and disbursements of the Commission shall be subject to the financial review and509
568	568	accounting procedures established under its bylaws. All receipts and disbursements of510
569	569	funds handled by the Commission shall be subject to an annual financial review by a511
570	570	certified or licensed public accountant, and the report of the financial review shall be512
571	571	included in and become part of the annual report of the Commission.513
572	572	H. Qualified Immunity, Defense, and Indemnification514
573	573	1. The members, officers, executive director, employees and representatives of the515
574	574	Commission shall be immune from suit and liability, both personally and in their official516
575	575	capacity, for any claim for damage to or loss of property or personal injury or other civil517
576	576	liability caused by or arising out of any actual or alleged act, error, or omission that518
577	577	occurred, or that the person against whom the claim is made had a reasonable basis for519
578	578	believing occurred within the scope of Commission employment, duties or520
579	579	responsibilities; provided that nothing in this paragraph shall be construed to protect any521
580	580	such person from suit or liability for any damage, loss, injury, or liability caused by the522
581	581	intentional or willful or wanton misconduct of that person. The procurement of insurance523
582	582	of any type by the Commission shall not in any way compromise or limit the immunity524
583	583	granted hereunder.525
584	584	2. The Commission shall defend any member, officer, executive director, employee, and526
585	585	representative of the Commission in any civil action seeking to impose liability arising527 23 LC 33 9243
586	586	H. B. 153
587	587	- 22 -
588	588	out of any actual or alleged act, error, or omission that occurred within the scope of528
589	589	Commission employment, duties, or responsibilities, or as determined by the Commission529
590	590	that the person against whom the claim is made had a reasonable basis for believing530
591	591	occurred within the scope of Commission employment, duties, or responsibilities;531
592	592	provided that nothing herein shall be construed to prohibit that person from retaining their532
593	593	own counsel at their own expense; and provided further, that the actual or alleged act,533
594	594	error, or omission did not result from that person's intentional or willful or wanton534
595	595	misconduct.535
596	596	3. The Commission shall indemnify and hold harmless any member, officer, executive536
597	597	director, employee, and representative of the Commission for the amount of any537
598	598	settlement or judgment obtained against that person arising out of any actual or alleged538
599	599	act, error, or omission that occurred within the scope of Commission employment, duties,539
600	600	or responsibilities, or that such person had a reasonable basis for believing occurred540
601	601	within the scope of Commission employment, duties, or responsibilities, provided that541
602	602	the actual or alleged act, error, or omission did not result from the intentional or willful542
603	603	or wanton misconduct of that person.543
604	604	4. Nothing herein shall be construed as a limitation on the liability of any Licensee for544
605	605	professional malpractice or misconduct, which shall be governed solely by any other545
606	606	applicable State laws.546
607	607	5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member547
608	608	State's State action immunity or State action affirmative defense with respect to antitrust548
609	609	claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or549
610	610	anticompetitive law or regulation.550
611	611	6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by551
612	612	the Member States or by the Commission.552 23 LC 33 9243
613	613	H. B. 153
614	614	- 23 -
615	615	ARTICLE 9- DATA SYSTEM553
616	616	A. The Commission shall provide for the development, maintenance, operation, and554
617	617	utilization of a coordinated database and reporting system.555
618	618	B. The Commission shall assign each applicant for a Multistate License a unique556
619	619	identifier, as determined by the Rules of the Commission.557
620	620	C. Notwithstanding any other provision of State law to the contrary, a Member State shall558
621	621	submit a uniform data set to the Data System on all individuals to whom this Compact is559
622	622	applicable as required by the Rules of the Commission, including:560
623	623	1. Identifying information;561
624	624	2. Licensure data;562
625	625	3. Adverse Actions against a license and information related thereto;563
626	626	4. Non-confidential information related to Alternative Program participation, the564
627	627	beginning and ending dates of such participation, and other information related to such565
628	628	participation;566
629	629	5. Any denial of application for licensure, and the reason(s) for such denial (excluding567
630	630	the reporting of any criminal history record information where prohibited by law);568
631	631	6. The existence of Investigative Information;569
632	632	7. The existence presence of Current Significant Investigative Information; and570
633	633	8. Other information that may facilitate the administration of this Compact or the571
634	634	protection of the public, as determined by the Rules of the Commission.572
635	635	D. The records and information provided to a Member State pursuant to this Compact or573
636	636	through the Data System, when certified by the Commission or an agent thereof, shall574
637	637	constitute the authenticated business records of the Commission, and shall be entitled to575
638	638	any associated hearsay exception in any relevant judicial, quasi-judicial or administrative576
639	639	proceedings in a Member State.577 23 LC 33 9243
640	640	H. B. 153
641	641	- 24 -
642	642	E. The existence of Current Significant Investigative Information and the existence of578
643	643	Investigative Information pertaining to a Licensee in any Member State will only be579
644	644	available to other Member States.580
645	645	F. It is the responsibility of the Member States to report any Adverse Action against a581
646	646	Licensee who holds a Multistate License and to monitor the database to determine whether582
647	647	Adverse Action has been taken against such a Licensee or License applicant. Adverse583
648	648	Action information pertaining to a Licensee or License applicant in any Member State will584
649	649	be available to any other Member State.585
650	650	G. Member States contributing information to the Data System may designate information586
651	651	that may not be shared with the public without the express permission of the contributing587
652	652	State.588
653	653	H. Any information submitted to the Data System that is subsequently expunged pursuant589
654	654	to federal law or the laws of the Member State contributing the information shall be590
655	655	removed from the Data System.591
656	656	ARTICLE 10- RULEMAKING592
657	657	A. The Commission shall promulgate reasonable Rules in order to effectively and593
658	658	efficiently implement and administer the purposes and provisions of the Compact. A Rule594
659	659	shall be invalid and have no force or effect only if a court of competent jurisdiction holds595
660	660	that the Rule is invalid because the Commission exercised its rulemaking authority in a596
661	661	manner that is beyond the scope and purposes of the Compact, or the powers granted597
662	662	hereunder, or based upon another applicable standard of review.598
663	663	B. The Rules of the Commission shall have the force of law in each Member State,599
664	664	provided however that where the Rules of the Commission conflict with the laws of the600
665	665	Member State that establish the Member State's scope of practice as held by a court of601
666	666	competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the602
667	667	extent of the conflict.603 23 LC 33 9243
668	668	H. B. 153
669	669	- 25 -
670	670	C. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth604
671	671	in this article and the Rules adopted thereunder. Rules shall become binding as of the date605
672	672	specified by the Commission for each Rule.606
673	673	D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule,607
674	674	by enactment of a statute or resolution in the same manner used to adopt the Compact608
675	675	within four (4) years of the date of adoption of the Rule, then such Rule shall have no609
676	676	further force and effect in any Member State or to any State applying to participate in the610
677	677	Compact.611
678	678	E. Rules shall be adopted at a regular or special meeting of the Commission.612
679	679	F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and613
680	680	allow persons to provide oral and written comments, data, facts, opinions, and arguments.614
681	681	G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days615
682	682	in advance of the meeting at which the Commission will hold a public hearing on the616
683	683	proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:617
684	684	1. On the website of the Commission or other publicly accessible platform;618
685	685	2. To persons who have requested notice of the Commission's notices of proposed619
686	686	rulemaking, and620
687	687	3. In such other way(s) as the Commission may by Rule specify.621
688	688	H. The Notice of Proposed Rulemaking shall include:622
689	689	1. The time, date, and location of the public hearing at which the Commission will hear623
690	690	public comments on the proposed Rule and, if different, the time, date, and location of624
691	691	the meeting where the Commission will consider and vote on the proposed Rule;625
692	692	2. If the hearing is held via telecommunication, video conference, or other electronic626
693	693	means, the Commission shall include the mechanism for access to the hearing in the627
694	694	Notice of Proposed Rulemaking;628
695	695	3. The text of the proposed Rule and the reason therefor;629
696	696	4. A request for comments on the proposed Rule from any interested person; and630 23 LC 33 9243
697	697	H. B. 153
698	698	- 26 -
699	699	5. The manner in which interested persons may submit written comments.631
700	700	I. All hearings will be recorded. A copy of the recording and all written comments and632
701	701	documents received by the Commission in response to the proposed Rule shall be available633
702	702	to the public.634
703	703	J. Nothing in this article shall be construed as requiring a separate hearing on each Rule.635
704	704	Rules may be grouped for the convenience of the Commission at hearings required by this636
705	705	article.637
706	706	K. The Commission shall, by majority vote of all Commissioners, take final action on the638
707	707	proposed Rule based on the Rulemaking record.639
708	708	1. The Commission may adopt changes to the proposed Rule provided the changes do640
709	709	not enlarge the original purpose of the proposed Rule.641
710	710	2. The Commission shall provide an explanation of the reasons for substantive changes642
711	711	made to the proposed Rule as well as reasons for substantive changes not made that were643
712	712	recommended by commenters.644
713	713	3. The Commission shall determine a reasonable effective date for the Rule. Except for645
714	714	an emergency as provided in subsection L of this article, the effective date of the Rule646
715	715	shall be no sooner than thirty (30) days after the Commission issuing the notice that it647
716	716	adopted or amended the Rule.648
717	717	L. Upon determination that an emergency exists, the Commission may consider and adopt649
718	718	an emergency Rule with 24 hours notice, provided that the usual Rulemaking procedures650
719	719	provided in the Compact and in this article shall be retroactively applied to the Rule as651
720	720	soon as reasonably possible, in no event later than ninety (90) days after the effective date652
721	721	of the Rule. For the purposes of this provision, an emergency Rule is one that must be653
722	722	adopted immediately to:654
723	723	1. Meet an imminent threat to public health, safety, or welfare;655
724	724	2. Prevent a loss of Commission or Member State funds;656 23 LC 33 9243
725	725	H. B. 153
726	726	- 27 -
727	727	3. Meet a deadline for the promulgation of a Rule that is established by federal law or657
728	728	rule; or658
729	729	4. Protect public health and safety.659
730	730	M. The Commission or an authorized committee of the Commission may direct revisions660
731	731	to a previously adopted Rule for purposes of correcting typographical errors, errors in661
732	732	format, errors in consistency, or grammatical errors. Public notice of any revisions shall662
733	733	be posted on the website of the Commission. The revision shall be subject to challenge by663
734	734	any person for a period of thirty (30) days after posting. The revision may be challenged664
735	735	only on grounds that the revision results in a material change to a Rule. A challenge shall665
736	736	be made in writing and delivered to the Commission prior to the end of the notice period.666
737	737	If no challenge is made, the revision will take effect without further action. If the revision667
738	738	is challenged, the revision may not take effect without the approval of the Commission.668
739	739	N. No Member State's rulemaking requirements shall apply under this Compact.669
740	740	ARTICLE 11- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT670
741	741	A. Oversight671
742	742	1. The executive and judicial branches of State government in each Member State shall672
743	743	enforce this Compact and take all actions necessary and appropriate to implement the673
744	744	Compact.674
745	745	2. Venue is proper and judicial proceedings by or against the Commission shall be675
746	746	brought solely and exclusively in a court of competent jurisdiction where the principal676
747	747	office of the Commission is located. The Commission may waive venue and677
748	748	jurisdictional defenses to the extent it adopts or consents to participate in alternative678
749	749	dispute resolution proceedings. Nothing herein shall affect or limit the selection or679
750	750	propriety of venue in any action against a Licensee for professional malpractice,680
751	751	misconduct or any such similar matter.681 23 LC 33 9243
752	752	H. B. 153
753	753	- 28 -
754	754	3. The Commission shall be entitled to receive service of process in any proceeding682
755	755	regarding the enforcement or interpretation of the Compact and shall have standing to683
756	756	intervene in such a proceeding for all purposes. Failure to provide the Commission684
757	757	service of process shall render a judgment or order void as to the Commission, this685
758	758	Compact, or promulgated Rules.686
759	759	B. Default, Technical Assistance, and Termination687
760	760	1. If the Commission determines that a Member State has defaulted in the performance688
761	761	of its obligations or responsibilities under this Compact or the promulgated Rules, the689
762	762	Commission shall provide written notice to the defaulting State. The notice of default690
763	763	shall describe the default, the proposed means of curing the default, and any other action691
764	764	that the Commission may take, and shall offer training and specific technical assistance692
765	765	regarding the default.693
766	766	2. The Commission shall provide a copy of the notice of default to the other Member694
767	767	States.695
768	768	C. If a State in default fails to cure the default, the defaulting State may be terminated from696
769	769	the Compact upon an affirmative vote of a majority of the delegates of the Member States,697
770	770	and all rights, privileges and benefits conferred on that State by this Compact may be698
771	771	terminated on the effective date of termination. A cure of the default does not relieve the699
772	772	offending State of obligations or liabilities incurred during the period of default.700
773	773	D. Termination of membership in the Compact shall be imposed only after all other means701
774	774	of securing compliance have been exhausted. Notice of intent to suspend or terminate shall702
775	775	be given by the Commission to the governor, the majority and minority leaders of the703
776	776	defaulting State's legislature, the defaulting State's State Licensing Authority and each of704
777	777	the Member States' State Licensing Authority.705
778	778	E. A State that has been terminated is responsible for all assessments, obligations, and706
779	779	liabilities incurred through the effective date of termination, including obligations that707
780	780	extend beyond the effective date of termination.708 23 LC 33 9243
781	781	H. B. 153
782	782	- 29 -
783	783	F. Upon the termination of a State's membership from this Compact, that State shall709
784	784	immediately provide notice to all Licensees who hold a Multistate License within that State710
785	785	of such termination. The terminated State shall continue to recognize all licenses granted711
786	786	pursuant to this Compact for a minimum of one hundred eighty (180) days after the date712
787	787	of said notice of termination.713
788	788	G. The Commission shall not bear any costs related to a State that is found to be in default714
789	789	or that has been terminated from the Compact, unless agreed upon in writing between the715
790	790	Commission and the defaulting State.716
791	791	H. The defaulting State may appeal the action of the Commission by petitioning the U.S.717
792	792	District Court for the District of Columbia or the federal district where the Commission has718
793	793	its principal offices. The prevailing party shall be awarded all costs of such litigation,719
794	794	including reasonable attorney's fees.720
795	795	I. Dispute Resolution721
796	796	1. Upon request by a Member State, the Commission shall attempt to resolve disputes722
797	797	related to the Compact that arise among Member States and between Member and723
798	798	non-Member States.724
799	799	2. The Commission shall promulgate a Rule providing for both mediation and binding725
800	800	dispute resolution for disputes as appropriate.726
801	801	J. Enforcement727
802	802	1. The Commission, in the reasonable exercise of its discretion, shall enforce the728
803	803	provisions of this Compact and the Commission's Rules.729
804	804	2. By majority vote as provided by Commission Rule, the Commission may initiate legal730
805	805	action against a Member State in default in the United States District Court for the731
806	806	District of Columbia or the federal district where the Commission has its principal offices732
807	807	to enforce compliance with the provisions of the Compact and its promulgated Rules.733
808	808	The relief sought may include both injunctive relief and damages. In the event judicial734
809	809	enforcement is necessary, the prevailing party shall be awarded all costs of such735 23 LC 33 9243
810	810	H. B. 153
811	811	- 30 -
812	812	litigation, including reasonable attorney's fees. The remedies herein shall not be the736
813	813	exclusive remedies of the Commission. The Commission may pursue any other remedies737
814	814	available under federal or the defaulting Member State's law.738
815	815	3. A Member State may initiate legal action against the Commission in the U.S. District739
816	816	Court for the District of Columbia or the federal district where the Commission has its740
817	817	principal offices to enforce compliance with the provisions of the Compact and its741
818	818	promulgated Rules. The relief sought may include both injunctive relief and damages.742
819	819	In the event judicial enforcement is necessary, the prevailing party shall be awarded all743
820	820	costs of such litigation, including reasonable attorney's fees.744
821	821	4. No individual or entity other than a Member State may enforce this Compact against745
822	822	the Commission.746
823	823	ARTICLE 12- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT747
824	824	A. The Compact shall come into effect on the date on which the Compact statute is748
825	825	enacted into law in the seventh Member State.749
826	826	1. On or after the effective date of the Compact, the Commission shall convene and750
827	827	review the enactment of each of the Charter Member States to determine if the statute751
828	828	enacted by each such Charter Member State is materially different than the model752
829	829	Compact statute.753
830	830	a. A Charter Member State whose enactment is found to be materially different from754
831	831	the model Compact statute shall be entitled to the default process set forth in Article 11.755
832	832	b. If any Member State is later found to be in default, or is terminated or withdraws756
833	833	from the Compact, the Commission shall remain in existence and the Compact shall757
834	834	remain in effect even if the number of Member States should be less than seven (7).758
835	835	2. Member States enacting the Compact subsequent to the Charter Member States shall759
836	836	be subject to the process set forth in Article 8.C.23 to determine if their enactments are760 23 LC 33 9243
837	837	H. B. 153
838	838	- 31 -
839	839	materially different from the model Compact statute and whether they qualify for761
840	840	participation in the Compact.762
841	841	3. All actions taken for the benefit of the Commission or in furtherance of the purposes763
842	842	of the administration of the Compact prior to the effective date of the Compact or the764
843	843	Commission coming into existence shall be considered to be actions of the Commission765
844	844	unless specifically repudiated by the Commission.766
845	845	4. Any State that joins the Compact shall be subject to the Commission's Rules and767
846	846	bylaws as they exist on the date on which the Compact becomes law in that State. Any768
847	847	Rule that has been previously adopted by the Commission shall have the full force and769
848	848	effect of law on the day the Compact becomes law in that State.770
849	849	B. Any Member State may withdraw from this Compact by enacting a statute repealing771
850	850	that State's enactment of the Compact.772
851	851	1. A Member State's withdrawal shall not take effect until one hundred eighty (180) days773
852	852	after enactment of the repealing statute.774
853	853	2. Withdrawal shall not affect the continuing requirement of the withdrawing State's775
854	854	Licensing Authority to comply with the investigative and Adverse Action reporting776
855	855	requirements of this Compact prior to the effective date of withdrawal.777
856	856	3. Upon the enactment of a statute withdrawing from this Compact, a State shall778
857	857	immediately provide notice of such withdrawal to all Licensees within that State.779
858	858	Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing780
859	859	State shall continue to recognize all licenses granted pursuant to this Compact for a781
860	860	minimum of 180 days after the date of such notice of withdrawal.782
861	861	C. Nothing contained in this Compact shall be construed to invalidate or prevent any783
862	862	licensure agreement or other cooperative arrangement between a Member State and a784
863	863	non-Member State that does not conflict with the provisions of this Compact.785 23 LC 33 9243
864	864	H. B. 153
865	865	- 32 -
866	866	D. This Compact may be amended by the Member States. No amendment to this Compact786
867	867	shall become effective and binding upon any Member State until it is enacted into the laws787
868	868	of all Member States.788
869	869	ARTICLE 13- CONSTRUCTION AND SEVERABILITY789
870	870	A. This Compact and the Commission's rulemaking authority shall be liberally construed790
871	871	so as to effectuate the purposes, and the implementation and administration of the791
872	872	Compact. Provisions of the Compact expressly authorizing or requiring the promulgation792
873	873	of Rules shall not be construed to limit the Commission's rulemaking authority solely for793
874	874	those purposes.794
875	875	B. The provisions of this Compact shall be severable and if any phrase, clause, sentence795
876	876	or provision of this Compact is held by a court of competent jurisdiction to be contrary to796
877	877	the constitution of any Member State, a State seeking participation in the Compact, or of797
878	878	the United States, or the applicability thereof to any government, agency, person or798
879	879	circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity799
880	880	of the remainder of this Compact and the applicability thereof to any other government,800
881	881	agency, person or circumstance shall not be affected thereby.801
882	882	C. Notwithstanding subsection B of this article, the Commission may deny a State's802
883	883	participation in the Compact or, in accordance with the requirements of Article 11.B,803
884	884	terminate a Member State's participation in the Compact, if it determines that a804
885	885	constitutional requirement of a Member State is a material departure from the Compact.805
886	886	Otherwise, if this Compact shall be held to be contrary to the constitution of any Member806
887	887	State, the Compact shall remain in full force and effect as to the remaining Member States807
888	888	and in full force and effect as to the Member State affected as to all severable matters.808 23 LC 33 9243
889	889	H. B. 153
890	890	- 33 -
891	891	ARTICLE 14- CONSISTENT EFFECT AND809
892	892	CONFLICT WITH OTHER STATE LAWS810
893	893	Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State811
894	894	that is not inconsistent with the Compact.812
895	895	Any laws, statutes, regulations, or other legal requirements in a Member State in conflict813
896	896	with the Compact are superseded to the extent of the conflict.814
897	897	All permissible agreements between the Commission and the Member States are binding815
898	898	in accordance with their terms.'"816
899	899	SECTION 4.817
900	900	All laws and parts of laws in conflict with this Act are repealed.818