23 LC 33 9243
H. B. 153
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House Bill 153
By: Representatives Scott of the 76
th
, Davis of the 87
th
, and Schofield of the 63
rd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to
1
massage therapy practice, so as to enter into an interstate compact known as the "Interstate2
Massage Compact"; to authorize the Georgia Board of Massage Therapy to administer the3
compact in this state; to provide definitions; to provide for conditions; to provide for4
eligibility; to provide for related matters; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage8
therapy practice, is amended by revising paragraph (6) of Code Section 43-24A-3, relating9
to definitions, as follows:10
"(6) 'License' means a valid and current certificate of registration issued by the board11
pursuant to this chapter to practice massage therapy or a multistate license issued
12
pursuant to the Interstate Massage Compact contained in Article 3 of this chapter."13 23 LC 33 9243
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SECTION 2.
14
Said chapter is further amended by revising subsection (b) of Code Section 43-24A-7,15
relating to the powers of the Georgia Board of Massage Therapy, as follows:16
"(b) The board shall have the power to:17
(1) Examine and determine the qualifications and fitness of applicants for licenses to18
practice massage therapy in this state;19
(2) Issue, renew, refuse to renew, deny, suspend, or revoke licenses to practice massage20
therapy in this state or otherwise discipline licensed massage therapists;21
(3) Conduct investigations for the purpose of discovering violations of this chapter or22
grounds for disciplining persons or entities acting in violation of this chapter;23
(4) Upon reasonable notice, request on-site inspections of the facility, equipment,24
policies, and practices of a massage therapy business or board recognized massage25
therapy educational program by appropriate inspectors in the Office of the Secretary of26
State for the purpose of determining compliance with the standards established pursuant27
to this chapter;28
(5) Hold hearings on all matters properly brought before the board and, in conjunction29
therewith, to administer oaths, receive evidence, make the necessary determinations, and30
enter orders consistent with the findings. The board may designate one or more of its31
members as its hearing officer;32
(6) Adopt, revise, and enforce rules concerning advertising by licensees including, but33
not limited to, rules to prohibit false, misleading, or deceptive practices;34
(7) Periodically evaluate board recognized massage therapy educational programs and35
license such programs that meet the board's requirements;36
(8) Develop and enforce standards for continuing education courses required of licensed37
massage therapists which may include courses in massage therapy or any of the38
modalities described in paragraphs (5) through (8) of subsection (a) of Code Section39
43-24A-19;40 23 LC 33 9243
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(9) Develop and enforce reasonable and uniform standards for massage therapy
41
educational programs and massage therapy practice;42
(10) Deny or withdraw recognition of noncompliant massage therapy educational43
programs that do not meet standards established pursuant to this chapter;44
(11) Appoint standing or ad hoc committees as necessary to inform and make45
recommendations to the board about issues and concerns of the massage therapy46
profession and to facilitate communication amongst the board, licensees under this47
chapter, and the community, which may include nonmembers of the board;48
(12) Collect and publish data regarding existing massage therapy resources in Georgia49
without violation of any state or federal privacy laws and coordinate planning for board50
recognized massage therapy educational programs and practice;51
(13) Adopt an official seal; and
52
(14) Bring proceedings to the courts for the enforcement of this chapter or any rules and53
regulations promulgated pursuant to this chapter; and54
(15) Administer the Interstate Massage Compact contained in Article 3 of this chapter."55
SECTION 3.56
Said chapter is further amended by adding a new article to read as follows:57
"ARTICLE 358
43-24A-40.59
This article shall be known and may be cited as the 'Interstate Massage Compact Act.'60 23 LC 33 9243
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43-24A-41.61
The Interstate Massage Compact is enacted into law and entered into by the State of62
Georgia with any and all other states legally joining therein in the form substantially as63
follows:64
'INTERSTATE MASSAGE COMPACT65
ARTICLE 1- PURPOSE66
The purpose of this Compact is to reduce the burdens on State governments and to facilitate67
the interstate practice and regulation of Massage Therapy with the goal of improving public68
access to, and the safety of, Massage Therapy Services. Through this Compact, the69
Member States seek to establish a regulatory framework which provides for a new70
multistate licensing program. Through this additional licensing pathway, the Member71
States seek to provide increased value and mobility to licensed massage therapists in the72
Member States, while ensuring the provision of safe, competent, and reliable services to73
the public.74
This Compact is designed to achieve the following objectives, and the Member States75
hereby ratify the same intentions by subscribing hereto:76
A. Increase public access to Massage Therapy Services by providing for a multistate77
licensing pathway;78
B. Enhance the Member States' ability to protect the public's health and safety;79
C. Enhance the Member States' ability to prevent human trafficking and licensure fraud;80
D. Encourage the cooperation of Member States in regulating the multistate Practice of81
Massage Therapy;82
E. Support relocating military members and their spouses;83
F. Facilitate and enhance the exchange of licensure, investigative, and disciplinary84
information between the Member States;85 23 LC 33 9243
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G. Create an Interstate Commission that will exist to implement and administer the86
Compact;87
H. Allow a Member State to hold a Licensee accountable, even where that Licensee holds88
a Multistate License;89
I. Create a streamlined pathway for Licensees to practice in Member States, thus90
increasing the mobility of duly licensed massage therapists; and91
J. Serve the needs of licensed massage therapists and the public receiving their services;92
however,93
K. Nothing in this Compact is intended to prevent a State from enforcing its own laws94
regarding the Practice of Massage Therapy.95
ARTICLE 2- DEFINITIONS96
As used in this Compact, except as otherwise provided and subject to clarification by the97
Rules of the Commission, the following definitions shall govern the terms herein:98
A. "Active Duty Military" - any individual in full-time duty status in the active uniformed99
service of the United States including members of the National Guard and Reserve.100
B. "Adverse Action" - any administrative, civil, equitable, or criminal action permitted by101
a Member State's laws which is imposed by a Licensing Authority or other regulatory body102
against a Licensee, including actions against an individual's Authorization to Practice such103
as revocation, suspension, probation, surrender in lieu of discipline, monitoring of the104
Licensee, limitation of the Licensee's practice, or any other Encumbrance on licensure105
affecting an individual's ability to practice Massage Therapy, including the issuance of a106
cease and desist order.107
C. "Alternative Program" - a non-disciplinary monitoring or prosecutorial diversion108
program approved by a Member State's Licensing Authority.109
D. "Authorization to Practice" - a legal authorization by a Remote State pursuant to a110
Multistate License permitting the Practice of Massage Therapy in that Remote State, which111 23 LC 33 9243
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shall be subject to the enforcement jurisdiction of the Licensing Authority in that Remote112
State.113
E. "Background Check" - the submission of an applicant's criminal history record114
information, as further defined in 28 C.F.R. ยง 20.3(d), as amended from the Federal Bureau115
of Investigation and the agency responsible for retaining State criminal records in the116
applicant's Home State.117
F. "Charter Member States" - Member States who have enacted legislation to adopt this118
Compact where such legislation predates the effective date of this Compact as defined in119
Article 12.120
G. "Commission" - the government agency whose membership consists of all States that121
have enacted this Compact, which is known as the Interstate Massage Compact122
Commission, as defined in Article 8, and which shall operate as an instrumentality of the123
Member States.124
H. "Continuing Competence" - a requirement, as a condition of license renewal, to provide125
evidence of participation in, and completion of, educational or professional activities that126
maintain, improve, or enhance Massage Therapy fitness to practice.127
I. "Current Significant Investigative Information" - Investigative Information that a128
Licensing Authority, after an inquiry or investigation that complies with a Member State's129
due process requirements, has reason to believe is not groundless and, if proved true, would130
indicate a violation of that State's laws regarding the Practice of Massage Therapy.131
J. "Data System" - a repository of information about Licensees who hold Multistate132
Licenses, which may include but is not limited to license status, Investigative Information,133
and Adverse Actions.134
K. "Disqualifying Event" - any event which shall disqualify an individual from holding135
a Multistate License under this Compact, which the Commission may by Rule specify.136
L. "Encumbrance" - a revocation or suspension of, or any limitation or condition on, the137
full and unrestricted Practice of Massage Therapy by a Licensing Authority.138 23 LC 33 9243
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M. "Executive Committee" - a group of delegates elected or appointed to act on behalf of,139
and within the powers granted to them by, the Commission.140
N. "Home State" - means the Member State which is a Licensee's primary state of141
residence where the Licensee holds an active Single-State License.142
O. "Investigative Information" - information, records, or documents received or generated143
by a Licensing Authority pursuant to an investigation or other inquiry.144
P. "Licensing Authority" - a State's regulatory body responsible for issuing Massage145
Therapy licenses or otherwise overseeing the Practice of Massage Therapy in that State.146
Q. "Licensee" - an individual who currently holds a license from a Member State to fully147
practice Massage Therapy, whose license is not a student, provisional, temporary, inactive,148
or other similar status.149
R. "Massage Therapy", "Massage Therapy Services", and the "Practice of Massage150
Therapy" - the care and services provided by a Licensee as set forth in the Member State's151
statutes and regulations in the State where the services are being provided.152
S. "Member State" - any State that has adopted this Compact.153
T. "Multistate License" - a license that consists of Authorizations to Practice Massage154
Therapy in all Remote States pursuant to this Compact, which shall be subject to the155
enforcement jurisdiction of the Licensing Authority in a Licensee's Home State.156
U. "National Licensing Examination" - A national examination developed by a national157
association of Massage Therapy regulatory boards, as defined by Commission Rule, that158
is derived from a practice analysis and is consistent with generally accepted psychometric159
principles of fairness, validity and reliability, and is administered under secure and160
confidential examination protocols.161
V. "Remote State" - any Member State, other than the Licensee's Home State.162
W. "Rule" - any opinion or regulation promulgated by the Commission under this163
Compact, which shall have the force of law.164 23 LC 33 9243
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X. "Single-State License" - a current, valid authorization issued by a Member State's165
Licensing Authority allowing an individual to fully practice Massage Therapy, that is not166
a restricted, student, provisional, temporary, or inactive practice authorization and167
authorizes practice only within the issuing State.168
Y. "State" - a state, territory, possession of the United States, or the District of Columbia.169
ARTICLE 3- MEMBER STATE REQUIREMENTS170
A. To be eligible to join this Compact, and to maintain eligibility as a Member State, a171
State must:172
1. License and regulate the Practice of Massage Therapy;173
2. Have a mechanism or entity in place to receive and investigate complaints from the174
public, regulatory or law enforcement agencies, or the Commission about Licensees175
practicing in that State;176
3. Accept passage of a National Licensing Examination as a criterion for Massage177
Therapy licensure in that State;178
4. Require that Licensees satisfy educational requirements prior to being licensed to179
provide Massage Therapy Services to the public in that State;180
5. Implement procedures for requiring the Background Check of applicants for a181
Multistate License, and for the reporting of any Disqualifying Events, including but not182
limited to obtaining and submitting, for each Licensee holding a Multistate License and183
each applicant for a Multistate License, fingerprint or other biometric-based information184
to the Federal Bureau of Investigation for Background Checks; receiving the results of185
the Federal Bureau of Investigation record search on Background Checks and considering186
the results of such a Background Check in making licensure decisions;187
6. Have Continuing Competence requirements as a condition for license renewal;188
7. Participate in the Data System, including through the use of unique identifying189
numbers as described herein;190 23 LC 33 9243
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8. Notify the Commission and other Member States, in compliance with the terms of the191
Compact and Rules of the Commission, of any disciplinary action taken by the State192
against a Licensee practicing under a Multistate License in that State, or of the existence193
of Investigative Information or Current Significant Investigative Information regarding194
a Licensee practicing in that State pursuant to a Multistate License;195
9. Comply with the Rules of the Commission;196
10. Accept Licensees with valid Multistate Licenses from other Member States as197
established herein;198
B. Individuals not residing in a Member State shall continue to be able to apply for a199
Member State's Single-State License as provided under the laws of each Member State.200
However, the Single-State License granted to those individuals shall not be recognized as201
granting a Multistate License for Massage Therapy in any other Member State;202
C. Nothing in this Compact shall affect the requirements established by a Member State203
for the issuance of a Single-State License; and204
D. A Multistate License issued to a Licensee shall be recognized by each Remote State as205
an Authorization to Practice Massage Therapy in each Remote State.206
ARTICLE 4- MULTISTATE LICENSE REQUIREMENTS207
A. To qualify for a Multistate License under this Compact, and to maintain eligibility for208
such a license, an applicant must:209
1. Hold an active Single-State License to practice Massage Therapy in the applicant's210
Home State;211
2. Have completed at least six hundred and twenty-five (625) clock hours of Massage212
Therapy education or the substantial equivalent which the Commission may approve by213
Rule.214
3. Have passed a National Licensing Examination or the substantial equivalent which the215
Commission may approve by Rule.216 23 LC 33 9243
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4. Submit to a Background Check;217
5. Have not been convicted or found guilty, or have entered into an agreed disposition,218
of a felony offense under applicable State or federal criminal law, within five (5) years219
prior to the date of their application, where such a time period shall not include any time220
served for the offense, and provided that the applicant has completed any and all221
requirements arising as a result of any such offense;222
6. Have not been convicted or found guilty, or have entered into an agreed disposition,223
of a misdemeanor offense related to the Practice of Massage Therapy under applicable224
State or federal criminal law, within two (2) years prior to the date of their application225
where such a time period shall not include any time served for the offense, and provided226
that the applicant has completed any and all requirements arising as a result of any such227
offense;228
7. Have not been convicted or found guilty, or have entered into an agreed disposition,229
of any offense, whether a misdemeanor or a felony, under State or federal law, at any230
time, relating to any of the following:231
a. Kidnapping;232
b. Human trafficking;233
c. Human smuggling;234
d. Sexual battery, sexual assault, or any related offenses; or235
e. Any other category of offense which the Commission may by Rule designate.236
8. Have not previously held a Massage Therapy license which was revoked by, or237
surrendered in lieu of discipline to an applicable Licensing Authority;238
9. Have no history of any Adverse Action on any occupational or professional license239
within two (2) years prior to the date of their application; and240
10. Pay all required fees.241
B. A Multistate License granted pursuant to this Compact may be effective for a definite242
period of time concurrent with the renewal of the Home State license.243 23 LC 33 9243
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C. A Licensee practicing in a Member State is subject to all scope of practice laws244
governing Massage Therapy Services in that State.245
D. The Practice of Massage Therapy under a Multistate License granted pursuant to this246
Compact will subject the Licensee to the jurisdiction of the Licensing Authority, the courts,247
and the laws of the Member State in which the Massage Therapy Services are provided.248
ARTICLE 5- AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION249
AND MEMBER STATE LICENSING AUTHORITIES250
A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,251
restrict, or in any way reduce the ability of a Member State to enact and enforce laws,252
regulations, or other rules related to the Practice of Massage Therapy in that State, where253
those laws, regulations, or other rules are not inconsistent with the provisions of this254
Compact.255
B. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,256
restrict, or in any way reduce the ability of a Member State to take Adverse Action against257
a Licensee's Single-State License to practice Massage Therapy in that State.258
C. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,259
restrict, or in any way reduce the ability of a Remote State to take Adverse Action against260
a Licensee's Authorization to Practice in that State.261
D. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,262
restrict, or in any way reduce the ability of a Licensee's Home State to take Adverse Action263
against a Licensee's Multistate License based upon information provided by a Remote264
State.265
E. Insofar as practical, a Member State's Licensing Authority shall cooperate with the266
Commission and with each entity exercising independent regulatory authority over the267
Practice of Massage Therapy according to the provisions of this Compact.268 23 LC 33 9243
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ARTICLE 6- ADVERSE ACTIONS269
A. A Licensee's Home State shall have exclusive power to impose an Adverse Action270
against a Licensee's Multistate License issued by the Home State.271
B. A Home State may take Adverse Action on a Multistate License based on the272
Investigative Information, Current Significant Investigative Information, or Adverse Action273
of a Remote State.274
C. A Home State shall retain authority to complete any pending investigations of a275
Licensee practicing under a Multistate License who changes their Home State during the276
course of such an investigation. The Licensing Authority shall also be empowered to277
report the results of such an investigation to the Commission through the Data System as278
described herein.279
D. Any Member State may investigate actual or alleged violations of the scope of practice280
laws in any other Member State for a massage therapist who holds a Multistate License.281
E. A Remote State shall have the authority to:282
1. Take Adverse Actions against a Licensee's Authorization to Practice;283
2. Issue cease and desist orders or impose an Encumbrance on a Licensee's Authorization284
to Practice in that State.285
3. Issue subpoenas for both hearings and investigations that require the attendance and286
testimony of witnesses, as well as the production of evidence. Subpoenas issued by a287
Licensing Authority in a Member State for the attendance and testimony of witnesses or288
the production of evidence from another Member State shall be enforced in the latter289
State by any court of competent jurisdiction, according to the practice and procedure of290
that court applicable to subpoenas issued in proceedings before it. The issuing Licensing291
Authority shall pay any witness fees, travel expenses, mileage, and other fees required292
by the service statutes of the State in which the witnesses or evidence are located.293 23 LC 33 9243
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4. If otherwise permitted by State law, recover from the affected Licensee the costs of294
investigations and disposition of cases resulting from any Adverse Action taken against295
that Licensee.296
5. Take Adverse Action against the Licensee's Authorization to Practice in that State297
based on the factual findings of another Member State.298
F. If an Adverse Action is taken by the Home State against a Licensee's Multistate License299
or Single-State License to practice in the Home State, the Licensee's Authorization to300
Practice in all other Member States shall be deactivated until all Encumbrances have been301
removed from such license. All Home State disciplinary orders that impose an Adverse302
Action against a Licensee shall include a statement that the Massage Therapist's303
Authorization to Practice is deactivated in all Member States during the pendency of the304
order.305
G. If Adverse Action is taken by a Remote State against a Licensee's Authorization to306
Practice, that Adverse Action applies to all Authorizations to Practice in all Remote States.307
A Licensee whose Authorization to Practice in a Remote State is removed for a specified308
period of time is not eligible to apply for a new Multistate License in any other State until309
the specific time for removal of the Authorization to Practice has passed and all310
encumbrance requirements are satisfied.311
H. Nothing in this Compact shall override a Member State's authority to accept a312
Licensee's participation in an Alternative Program in lieu of Adverse Action. A Licensee's313
Multistate License shall be suspended for the duration of the Licensee's participation in any314
Alternative Program.315
I. Joint Investigations316
1. In addition to the authority granted to a Member State by its respective scope of317
practice laws or other applicable State law, a Member State may participate with other318
Member States in joint investigations of Licensees.319 23 LC 33 9243
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2. Member States shall share any investigative, litigation, or compliance materials in320
furtherance of any joint or individual investigation initiated under the Compact.321
ARTICLE 7- ACTIVE DUTY MILITARY AND THEIR SPOUSES322
Active Duty Military personnel, or their spouses, shall designate a Home State where the323
individual has a current license to practice Massage Therapy in good standing. The324
individual may retain their Home State designation during any period of service when that325
individual or their spouse is on active duty assignment.326
ARTICLE 8- ESTABLISHMENT AND OPERATION OF327
INTERSTATE MASSAGE COMPACT COMMISSION328
A. The Compact Member States hereby create and establish a joint government agency329
whose membership consists of all Member States that have enacted the Compact known330
as the Interstate Massage Compact Commission. The Commission is an instrumentality331
of the Compact States acting jointly and not an instrumentality of any one State. The332
Commission shall come into existence on or after the effective date of the Compact as set333
forth in Article 12.334
B. Membership, Voting, and Meetings335
1. Each Member State shall have and be limited to one (1) delegate selected by that336
Member State's State Licensing Authority.337
2. The delegate shall be the primary administrative officer of the State Licensing338
Authority or their designee.339
3. The Commission shall by Rule or bylaw establish a term of office for delegates and340
may by Rule or bylaw establish term limits.341
4. The Commission may recommend removal or suspension of any delegate from office.342 23 LC 33 9243
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5. A Member State's State Licensing Authority shall fill any vacancy of its delegate343
occurring on the Commission within 60 days of the vacancy.344
6. Each delegate shall be entitled to one vote on all matters that are voted on by the345
Commission.346
7. The Commission shall meet at least once during each calendar year. Additional347
meetings may be held as set forth in the bylaws. The Commission may meet by348
telecommunication, video conference or other similar electronic means.349
C. The Commission shall have the following powers:350
1. Establish the fiscal year of the Commission;351
2. Establish code of conduct and conflict of interest policies;352
3. Adopt Rules and bylaws;353
4. Maintain its financial records in accordance with the bylaws;354
5. Meet and take such actions as are consistent with the provisions of this Compact, the355
Commission's Rules, and the bylaws;356
6. Initiate and conclude legal proceedings or actions in the name of the Commission,357
provided that the standing of any State Licensing Authority to sue or be sued under358
applicable law shall not be affected;359
7. Maintain and certify records and information provided to a Member State as the360
authenticated business records of the Commission, and designate an agent to do so on the361
Commission's behalf;362
8. Purchase and maintain insurance and bonds;363
9. Borrow, accept, or contract for services of personnel, including, but not limited to,364
employees of a Member State;365
10. Conduct an annual financial review;366
11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such367
individuals appropriate authority to carry out the purposes of the Compact, and establish368 23 LC 33 9243
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the Commission's personnel policies and programs relating to conflicts of interest,369
qualifications of personnel, and other related personnel matters;370
12. Assess and collect fees;371
13. Accept any and all appropriate gifts, donations, grants of money, other sources of372
revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose373
of the same; provided that at all times the Commission shall avoid any appearance of374
impropriety or conflict of interest;375
14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or376
mixed, or any undivided interest therein;377
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of378
any property real, personal, or mixed;379
16. Establish a budget and make expenditures;380
17. Borrow money;381
18. Appoint committees, including standing committees, composed of members, State382
regulators, State legislators or their representatives, and consumer representatives, and383
such other interested persons as may be designated in this Compact and the bylaws;384
19. Accept and transmit complaints from the public, regulatory or law enforcement385
agencies, or the Commission, to the relevant Member State(s) regarding potential386
misconduct of Licensees;387
20. Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of the388
Commission as provided in the Commission's bylaws;389
21. Establish and elect an Executive Committee, including a chair and a vice chair;390
22. Adopt and provide to the Member States an annual report.391
23. Determine whether a State's adopted language is materially different from the model392
Compact language such that the State would not qualify for participation in the Compact;393
and394 23 LC 33 9243
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24. Perform such other functions as may be necessary or appropriate to achieve the395
purposes of this Compact.396
D. The Executive Committee397
1. The Executive Committee shall have the power to act on behalf of the Commission398
according to the terms of this Compact. The powers, duties, and responsibilities of the399
Executive Committee shall include:400
a. Overseeing the day-to-day activities of the administration of the Compact including401
compliance with the provisions of the Compact, the Commission's Rules and bylaws,402
and other such duties as deemed necessary;403
b. Recommending to the Commission changes to the Rules or bylaws, changes to this404
Compact legislation, fees charged to Compact Member States, fees charged to405
Licensees, and other fees;406
c. Ensuring Compact administration services are appropriately provided, including by407
contract;408
d. Preparing and recommending the budget;409
e. Maintaining financial records on behalf of the Commission;410
f. Monitoring Compact compliance of Member States and providing compliance411
reports to the Commission;412
g. Establishing additional committees as necessary;413
h. Exercise the powers and duties of the Commission during the interim between414
Commission meetings, except for adopting or amending Rules, adopting or amending415
bylaws, and exercising any other powers and duties expressly reserved to the416
Commission by Rule or bylaw; and417
i. Other duties as provided in the Rules or bylaws of the Commission.418
2. The Executive Committee shall be composed of seven voting members and up to two419
exofficio members as follows:420 23 LC 33 9243
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a. The chair and vice chair of the Commission and any other members of the421
Commission who serve on the Executive Committee shall be voting members of the422
Executive Committee; and423
b. Other than the chair, vice-chair, secretary and treasurer, the Commission shall elect424
three voting members from the current membership of the Commission.425
c. The Commission may elect ex-officio, nonvoting members as necessary as follows:426
i. One ex-officio member who is a representative of the national association of State427
Massage Therapy regulatory boards428
ii. One ex-officio member as specified in the Commission's bylaws.429
3. The Commission may remove any member of the Executive Committee as provided430
in the Commission's bylaws.431
4. The Executive Committee shall meet at least annually.432
a. Executive Committee meetings shall be open to the public, except that the Executive433
Committee may meet in a closed, non-public session of a public meeting when dealing434
with any of the matters covered under subsection F.4.435
b. The Executive Committee shall give five business days advance notice of its public436
meetings, posted on its website and as determined to provide notice to persons with an437
interest in the public matters the Executive Committee intends to address at those438
meetings.439
5. The Executive Committee may hold an emergency meeting when acting for the440
Commission to:441
a. Meet an imminent threat to public health, safety, or welfare;442
b. Prevent a loss of Commission or Participating State funds; or443
c. Protect public health and safety.444
E. The Commission shall adopt and provide to the Member States an annual report.445
F. Meetings of the Commission446 23 LC 33 9243
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1. All meetings of the Commission that are not closed pursuant to this subsection shall447
be open to the public. Notice of public meetings shall be posted on the Commission's448
website at least thirty (30) days prior to the public meeting.449
2. Notwithstanding subsection F.1 of this Article, the Commission may convene an450
emergency public meeting by providing at least twenty-four (24) hours prior notice on451
the Commission's website, and any other means as provided in the Commission's Rules,452
for any of the reasons it may dispense with notice of proposed rulemaking under Article453
10.L. The Commission's legal counsel shall certify the that one of the reasons justifying454
an emergency public meeting has been met.455
3. Notice of all Commission meetings shall provide the time, date, and location of the456
meeting, and if the meeting is to be held or accessible via telecommunication, video457
conference, or other electronic means, the notice shall include the mechanism for access458
to the meeting.459
4. The Commission may convene in a closed, non-public meeting for the Commission460
to discuss:461
a. Non-compliance of a Member State with its obligations under the Compact;462
b. The employment, compensation, discipline or other matters, practices or procedures463
related to specific employees or other matters related to the Commission's internal464
personnel practices and procedures;465
c. Current or threatened discipline of a Licensee by the Commission or by a Member466
State's Licensing Authority;467
d. Current, threatened, or reasonably anticipated litigation;468
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real469
estate;470
f. Accusing any person of a crime or formally censuring any person;471
g. Trade secrets or commercial or financial information that is privileged or472
confidential;473 23 LC 33 9243
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h. Information of a personal nature where disclosure would constitute a clearly474
unwarranted invasion of personal privacy;475
i. Investigative records compiled for law enforcement purposes;476
j. Information related to any investigative reports prepared by or on behalf of or for use477
of the Commission or other committee charged with responsibility of investigation or478
determination of compliance issues pursuant to the Compact;479
k. Legal advice;480
l. Matters specifically exempted from disclosure to the public by federal or Member481
State law; or482
m. Other matters as promulgated by the Commission by Rule.483
5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the484
meeting will be closed and reference each relevant exempting provision, and such485
reference shall be recorded in the minutes.486
6. The Commission shall keep minutes that fully and clearly describe all matters487
discussed in a meeting and shall provide a full and accurate summary of actions taken,488
and the reasons therefore, including a description of the views expressed. All documents489
considered in connection with an action shall be identified in such minutes. All minutes490
and documents of a closed meeting shall remain under seal, subject to release only by a491
majority vote of the Commission or order of a court of competent jurisdiction.492
G. Financing of the Commission493
1. The Commission shall pay, or provide for the payment of, the reasonable expenses of494
its establishment, organization, and ongoing activities.495
2. The Commission may accept any and all appropriate sources of revenue, donations,496
and grants of money, equipment, supplies, materials, and services.497
3. The Commission may levy on and collect an annual assessment from each Member498
State and impose fees on Licensees of Member States to whom it grants a Multistate499
License to cover the cost of the operations and activities of the Commission and its staff,500 23 LC 33 9243
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which must be in a total amount sufficient to cover its annual budget as approved each501
year for which revenue is not provided by other sources. The aggregate annual502
assessment amount for Member States shall be allocated based upon a formula that the503
Commission shall promulgate by Rule.504
4. The Commission shall not incur obligations of any kind prior to securing the funds505
adequate to meet the same; nor shall the Commission pledge the credit of any Member506
States, except by and with the authority of the Member State.507
5. The Commission shall keep accurate accounts of all receipts and disbursements. The508
receipts and disbursements of the Commission shall be subject to the financial review and509
accounting procedures established under its bylaws. All receipts and disbursements of510
funds handled by the Commission shall be subject to an annual financial review by a511
certified or licensed public accountant, and the report of the financial review shall be512
included in and become part of the annual report of the Commission.513
H. Qualified Immunity, Defense, and Indemnification514
1. The members, officers, executive director, employees and representatives of the515
Commission shall be immune from suit and liability, both personally and in their official516
capacity, for any claim for damage to or loss of property or personal injury or other civil517
liability caused by or arising out of any actual or alleged act, error, or omission that518
occurred, or that the person against whom the claim is made had a reasonable basis for519
believing occurred within the scope of Commission employment, duties or520
responsibilities; provided that nothing in this paragraph shall be construed to protect any521
such person from suit or liability for any damage, loss, injury, or liability caused by the522
intentional or willful or wanton misconduct of that person. The procurement of insurance523
of any type by the Commission shall not in any way compromise or limit the immunity524
granted hereunder.525
2. The Commission shall defend any member, officer, executive director, employee, and526
representative of the Commission in any civil action seeking to impose liability arising527 23 LC 33 9243
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out of any actual or alleged act, error, or omission that occurred within the scope of528
Commission employment, duties, or responsibilities, or as determined by the Commission529
that the person against whom the claim is made had a reasonable basis for believing530
occurred within the scope of Commission employment, duties, or responsibilities;531
provided that nothing herein shall be construed to prohibit that person from retaining their532
own counsel at their own expense; and provided further, that the actual or alleged act,533
error, or omission did not result from that person's intentional or willful or wanton534
misconduct.535
3. The Commission shall indemnify and hold harmless any member, officer, executive536
director, employee, and representative of the Commission for the amount of any537
settlement or judgment obtained against that person arising out of any actual or alleged538
act, error, or omission that occurred within the scope of Commission employment, duties,539
or responsibilities, or that such person had a reasonable basis for believing occurred540
within the scope of Commission employment, duties, or responsibilities, provided that541
the actual or alleged act, error, or omission did not result from the intentional or willful542
or wanton misconduct of that person.543
4. Nothing herein shall be construed as a limitation on the liability of any Licensee for544
professional malpractice or misconduct, which shall be governed solely by any other545
applicable State laws.546
5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member547
State's State action immunity or State action affirmative defense with respect to antitrust548
claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or549
anticompetitive law or regulation.550
6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by551
the Member States or by the Commission.552 23 LC 33 9243
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ARTICLE 9- DATA SYSTEM553
A. The Commission shall provide for the development, maintenance, operation, and554
utilization of a coordinated database and reporting system.555
B. The Commission shall assign each applicant for a Multistate License a unique556
identifier, as determined by the Rules of the Commission.557
C. Notwithstanding any other provision of State law to the contrary, a Member State shall558
submit a uniform data set to the Data System on all individuals to whom this Compact is559
applicable as required by the Rules of the Commission, including:560
1. Identifying information;561
2. Licensure data;562
3. Adverse Actions against a license and information related thereto;563
4. Non-confidential information related to Alternative Program participation, the564
beginning and ending dates of such participation, and other information related to such565
participation;566
5. Any denial of application for licensure, and the reason(s) for such denial (excluding567
the reporting of any criminal history record information where prohibited by law);568
6. The existence of Investigative Information;569
7. The existence presence of Current Significant Investigative Information; and570
8. Other information that may facilitate the administration of this Compact or the571
protection of the public, as determined by the Rules of the Commission.572
D. The records and information provided to a Member State pursuant to this Compact or573
through the Data System, when certified by the Commission or an agent thereof, shall574
constitute the authenticated business records of the Commission, and shall be entitled to575
any associated hearsay exception in any relevant judicial, quasi-judicial or administrative576
proceedings in a Member State.577 23 LC 33 9243
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E. The existence of Current Significant Investigative Information and the existence of578
Investigative Information pertaining to a Licensee in any Member State will only be579
available to other Member States.580
F. It is the responsibility of the Member States to report any Adverse Action against a581
Licensee who holds a Multistate License and to monitor the database to determine whether582
Adverse Action has been taken against such a Licensee or License applicant. Adverse583
Action information pertaining to a Licensee or License applicant in any Member State will584
be available to any other Member State.585
G. Member States contributing information to the Data System may designate information586
that may not be shared with the public without the express permission of the contributing587
State.588
H. Any information submitted to the Data System that is subsequently expunged pursuant589
to federal law or the laws of the Member State contributing the information shall be590
removed from the Data System.591
ARTICLE 10- RULEMAKING592
A. The Commission shall promulgate reasonable Rules in order to effectively and593
efficiently implement and administer the purposes and provisions of the Compact. A Rule594
shall be invalid and have no force or effect only if a court of competent jurisdiction holds595
that the Rule is invalid because the Commission exercised its rulemaking authority in a596
manner that is beyond the scope and purposes of the Compact, or the powers granted597
hereunder, or based upon another applicable standard of review.598
B. The Rules of the Commission shall have the force of law in each Member State,599
provided however that where the Rules of the Commission conflict with the laws of the600
Member State that establish the Member State's scope of practice as held by a court of601
competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the602
extent of the conflict.603 23 LC 33 9243
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C. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth604
in this article and the Rules adopted thereunder. Rules shall become binding as of the date605
specified by the Commission for each Rule.606
D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule,607
by enactment of a statute or resolution in the same manner used to adopt the Compact608
within four (4) years of the date of adoption of the Rule, then such Rule shall have no609
further force and effect in any Member State or to any State applying to participate in the610
Compact.611
E. Rules shall be adopted at a regular or special meeting of the Commission.612
F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and613
allow persons to provide oral and written comments, data, facts, opinions, and arguments.614
G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days615
in advance of the meeting at which the Commission will hold a public hearing on the616
proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:617
1. On the website of the Commission or other publicly accessible platform;618
2. To persons who have requested notice of the Commission's notices of proposed619
rulemaking, and620
3. In such other way(s) as the Commission may by Rule specify.621
H. The Notice of Proposed Rulemaking shall include:622
1. The time, date, and location of the public hearing at which the Commission will hear623
public comments on the proposed Rule and, if different, the time, date, and location of624
the meeting where the Commission will consider and vote on the proposed Rule;625
2. If the hearing is held via telecommunication, video conference, or other electronic626
means, the Commission shall include the mechanism for access to the hearing in the627
Notice of Proposed Rulemaking;628
3. The text of the proposed Rule and the reason therefor;629
4. A request for comments on the proposed Rule from any interested person; and630 23 LC 33 9243
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5. The manner in which interested persons may submit written comments.631
I. All hearings will be recorded. A copy of the recording and all written comments and632
documents received by the Commission in response to the proposed Rule shall be available633
to the public.634
J. Nothing in this article shall be construed as requiring a separate hearing on each Rule.635
Rules may be grouped for the convenience of the Commission at hearings required by this636
article.637
K. The Commission shall, by majority vote of all Commissioners, take final action on the638
proposed Rule based on the Rulemaking record.639
1. The Commission may adopt changes to the proposed Rule provided the changes do640
not enlarge the original purpose of the proposed Rule.641
2. The Commission shall provide an explanation of the reasons for substantive changes642
made to the proposed Rule as well as reasons for substantive changes not made that were643
recommended by commenters.644
3. The Commission shall determine a reasonable effective date for the Rule. Except for645
an emergency as provided in subsection L of this article, the effective date of the Rule646
shall be no sooner than thirty (30) days after the Commission issuing the notice that it647
adopted or amended the Rule.648
L. Upon determination that an emergency exists, the Commission may consider and adopt649
an emergency Rule with 24 hours notice, provided that the usual Rulemaking procedures650
provided in the Compact and in this article shall be retroactively applied to the Rule as651
soon as reasonably possible, in no event later than ninety (90) days after the effective date652
of the Rule. For the purposes of this provision, an emergency Rule is one that must be653
adopted immediately to:654
1. Meet an imminent threat to public health, safety, or welfare;655
2. Prevent a loss of Commission or Member State funds;656 23 LC 33 9243
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3. Meet a deadline for the promulgation of a Rule that is established by federal law or657
rule; or658
4. Protect public health and safety.659
M. The Commission or an authorized committee of the Commission may direct revisions660
to a previously adopted Rule for purposes of correcting typographical errors, errors in661
format, errors in consistency, or grammatical errors. Public notice of any revisions shall662
be posted on the website of the Commission. The revision shall be subject to challenge by663
any person for a period of thirty (30) days after posting. The revision may be challenged664
only on grounds that the revision results in a material change to a Rule. A challenge shall665
be made in writing and delivered to the Commission prior to the end of the notice period.666
If no challenge is made, the revision will take effect without further action. If the revision667
is challenged, the revision may not take effect without the approval of the Commission.668
N. No Member State's rulemaking requirements shall apply under this Compact.669
ARTICLE 11- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT670
A. Oversight671
1. The executive and judicial branches of State government in each Member State shall672
enforce this Compact and take all actions necessary and appropriate to implement the673
Compact.674
2. Venue is proper and judicial proceedings by or against the Commission shall be675
brought solely and exclusively in a court of competent jurisdiction where the principal676
office of the Commission is located. The Commission may waive venue and677
jurisdictional defenses to the extent it adopts or consents to participate in alternative678
dispute resolution proceedings. Nothing herein shall affect or limit the selection or679
propriety of venue in any action against a Licensee for professional malpractice,680
misconduct or any such similar matter.681 23 LC 33 9243
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3. The Commission shall be entitled to receive service of process in any proceeding682
regarding the enforcement or interpretation of the Compact and shall have standing to683
intervene in such a proceeding for all purposes. Failure to provide the Commission684
service of process shall render a judgment or order void as to the Commission, this685
Compact, or promulgated Rules.686
B. Default, Technical Assistance, and Termination687
1. If the Commission determines that a Member State has defaulted in the performance688
of its obligations or responsibilities under this Compact or the promulgated Rules, the689
Commission shall provide written notice to the defaulting State. The notice of default690
shall describe the default, the proposed means of curing the default, and any other action691
that the Commission may take, and shall offer training and specific technical assistance692
regarding the default.693
2. The Commission shall provide a copy of the notice of default to the other Member694
States.695
C. If a State in default fails to cure the default, the defaulting State may be terminated from696
the Compact upon an affirmative vote of a majority of the delegates of the Member States,697
and all rights, privileges and benefits conferred on that State by this Compact may be698
terminated on the effective date of termination. A cure of the default does not relieve the699
offending State of obligations or liabilities incurred during the period of default.700
D. Termination of membership in the Compact shall be imposed only after all other means701
of securing compliance have been exhausted. Notice of intent to suspend or terminate shall702
be given by the Commission to the governor, the majority and minority leaders of the703
defaulting State's legislature, the defaulting State's State Licensing Authority and each of704
the Member States' State Licensing Authority.705
E. A State that has been terminated is responsible for all assessments, obligations, and706
liabilities incurred through the effective date of termination, including obligations that707
extend beyond the effective date of termination.708 23 LC 33 9243
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F. Upon the termination of a State's membership from this Compact, that State shall709
immediately provide notice to all Licensees who hold a Multistate License within that State710
of such termination. The terminated State shall continue to recognize all licenses granted711
pursuant to this Compact for a minimum of one hundred eighty (180) days after the date712
of said notice of termination.713
G. The Commission shall not bear any costs related to a State that is found to be in default714
or that has been terminated from the Compact, unless agreed upon in writing between the715
Commission and the defaulting State.716
H. The defaulting State may appeal the action of the Commission by petitioning the U.S.717
District Court for the District of Columbia or the federal district where the Commission has718
its principal offices. The prevailing party shall be awarded all costs of such litigation,719
including reasonable attorney's fees.720
I. Dispute Resolution721
1. Upon request by a Member State, the Commission shall attempt to resolve disputes722
related to the Compact that arise among Member States and between Member and723
non-Member States.724
2. The Commission shall promulgate a Rule providing for both mediation and binding725
dispute resolution for disputes as appropriate.726
J. Enforcement727
1. The Commission, in the reasonable exercise of its discretion, shall enforce the728
provisions of this Compact and the Commission's Rules.729
2. By majority vote as provided by Commission Rule, the Commission may initiate legal730
action against a Member State in default in the United States District Court for the731
District of Columbia or the federal district where the Commission has its principal offices732
to enforce compliance with the provisions of the Compact and its promulgated Rules.733
The relief sought may include both injunctive relief and damages. In the event judicial734
enforcement is necessary, the prevailing party shall be awarded all costs of such735 23 LC 33 9243
H. B. 153
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litigation, including reasonable attorney's fees. The remedies herein shall not be the736
exclusive remedies of the Commission. The Commission may pursue any other remedies737
available under federal or the defaulting Member State's law.738
3. A Member State may initiate legal action against the Commission in the U.S. District739
Court for the District of Columbia or the federal district where the Commission has its740
principal offices to enforce compliance with the provisions of the Compact and its741
promulgated Rules. The relief sought may include both injunctive relief and damages.742
In the event judicial enforcement is necessary, the prevailing party shall be awarded all743
costs of such litigation, including reasonable attorney's fees.744
4. No individual or entity other than a Member State may enforce this Compact against745
the Commission.746
ARTICLE 12- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT747
A. The Compact shall come into effect on the date on which the Compact statute is748
enacted into law in the seventh Member State.749
1. On or after the effective date of the Compact, the Commission shall convene and750
review the enactment of each of the Charter Member States to determine if the statute751
enacted by each such Charter Member State is materially different than the model752
Compact statute.753
a. A Charter Member State whose enactment is found to be materially different from754
the model Compact statute shall be entitled to the default process set forth in Article 11.755
b. If any Member State is later found to be in default, or is terminated or withdraws756
from the Compact, the Commission shall remain in existence and the Compact shall757
remain in effect even if the number of Member States should be less than seven (7).758
2. Member States enacting the Compact subsequent to the Charter Member States shall759
be subject to the process set forth in Article 8.C.23 to determine if their enactments are760 23 LC 33 9243
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materially different from the model Compact statute and whether they qualify for761
participation in the Compact.762
3. All actions taken for the benefit of the Commission or in furtherance of the purposes763
of the administration of the Compact prior to the effective date of the Compact or the764
Commission coming into existence shall be considered to be actions of the Commission765
unless specifically repudiated by the Commission.766
4. Any State that joins the Compact shall be subject to the Commission's Rules and767
bylaws as they exist on the date on which the Compact becomes law in that State. Any768
Rule that has been previously adopted by the Commission shall have the full force and769
effect of law on the day the Compact becomes law in that State.770
B. Any Member State may withdraw from this Compact by enacting a statute repealing771
that State's enactment of the Compact.772
1. A Member State's withdrawal shall not take effect until one hundred eighty (180) days773
after enactment of the repealing statute.774
2. Withdrawal shall not affect the continuing requirement of the withdrawing State's775
Licensing Authority to comply with the investigative and Adverse Action reporting776
requirements of this Compact prior to the effective date of withdrawal.777
3. Upon the enactment of a statute withdrawing from this Compact, a State shall778
immediately provide notice of such withdrawal to all Licensees within that State.779
Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing780
State shall continue to recognize all licenses granted pursuant to this Compact for a781
minimum of 180 days after the date of such notice of withdrawal.782
C. Nothing contained in this Compact shall be construed to invalidate or prevent any783
licensure agreement or other cooperative arrangement between a Member State and a784
non-Member State that does not conflict with the provisions of this Compact.785 23 LC 33 9243
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D. This Compact may be amended by the Member States. No amendment to this Compact786
shall become effective and binding upon any Member State until it is enacted into the laws787
of all Member States.788
ARTICLE 13- CONSTRUCTION AND SEVERABILITY789
A. This Compact and the Commission's rulemaking authority shall be liberally construed790
so as to effectuate the purposes, and the implementation and administration of the791
Compact. Provisions of the Compact expressly authorizing or requiring the promulgation792
of Rules shall not be construed to limit the Commission's rulemaking authority solely for793
those purposes.794
B. The provisions of this Compact shall be severable and if any phrase, clause, sentence795
or provision of this Compact is held by a court of competent jurisdiction to be contrary to796
the constitution of any Member State, a State seeking participation in the Compact, or of797
the United States, or the applicability thereof to any government, agency, person or798
circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity799
of the remainder of this Compact and the applicability thereof to any other government,800
agency, person or circumstance shall not be affected thereby.801
C. Notwithstanding subsection B of this article, the Commission may deny a State's802
participation in the Compact or, in accordance with the requirements of Article 11.B,803
terminate a Member State's participation in the Compact, if it determines that a804
constitutional requirement of a Member State is a material departure from the Compact.805
Otherwise, if this Compact shall be held to be contrary to the constitution of any Member806
State, the Compact shall remain in full force and effect as to the remaining Member States807
and in full force and effect as to the Member State affected as to all severable matters.808 23 LC 33 9243
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ARTICLE 14- CONSISTENT EFFECT AND809
CONFLICT WITH OTHER STATE LAWS810
Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State811
that is not inconsistent with the Compact.812
Any laws, statutes, regulations, or other legal requirements in a Member State in conflict813
with the Compact are superseded to the extent of the conflict.814
All permissible agreements between the Commission and the Member States are binding815
in accordance with their terms.'"816
SECTION 4.817
All laws and parts of laws in conflict with this Act are repealed.818