Georgia 2023-2024 Regular Session

Georgia House Bill HB466 Compare Versions

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

Old	New	Differences
1	1	23 LC 33 9247
2	2	H. B. 466
3	3	- 1 -
4	4	House Bill 466
5	5	By: Representatives Bonner of the 73
6	6	rd
7	7	, Jenkins of the 136
8	8	th
9	9	, Cannon of the 172
10	10	nd
11	11	, and Clark
12	12	of the 100
13	13	th
14	14
15	15	A BILL TO BE ENTITLED
16	16	AN ACT
17	17	To amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to
18	18	1
19	19	massage therapy practice, so as to enter into an interstate compact known as the "Interstate2
20	20	Massage Compact"; to authorize the Georgia Board of Massage Therapy to administer the3
21	21	compact in this state; to provide definitions; to provide for conditions; to provide for4
22	22	eligibility; to provide for related matters; to repeal conflicting laws; and for other purposes.5
23	23	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
24	24	SECTION 1.7
25	25	Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage8
26	26	therapy practice, is amended by revising paragraph (6) of Code Section 43-24A-3, relating9
27	27	to definitions, as follows:10
28	28	"(6) 'License' means a valid and current certificate of registration issued by the board11
29	29	pursuant to this chapter to practice massage therapy or a multistate license issued
30	30	12
31	31	pursuant to the Interstate Massage Compact contained in Article 3 of this chapter."13 23 LC 33 9247
32	32	H. B. 466
33	33	- 2 -
34	34	SECTION 2.
35	35	14
36	36	Said chapter is further amended by revising subsection (b) of Code Section 43-24A-7,15
37	37	relating to the powers of the Georgia Board of Massage Therapy, as follows:16
38	38	"(b) The board shall have the power to:17
39	39	(1) Examine and determine the qualifications and fitness of applicants for licenses to18
40	40	practice massage therapy in this state;19
41	41	(2) Issue, renew, refuse to renew, deny, suspend, or revoke licenses to practice massage20
42	42	therapy in this state or otherwise discipline licensed massage therapists;21
43	43	(3) Conduct investigations for the purpose of discovering violations of this chapter or22
44	44	grounds for disciplining persons or entities acting in violation of this chapter;23
45	45	(4) Upon reasonable notice, request on-site inspections of the facility, equipment,24
46	46	policies, and practices of a massage therapy business or board recognized massage25
47	47	therapy educational program by appropriate inspectors in the Office of the Secretary of26
48	48	State for the purpose of determining compliance with the standards established pursuant27
49	49	to this chapter;28
50	50	(5) Hold hearings on all matters properly brought before the board and, in conjunction29
51	51	therewith, to administer oaths, receive evidence, make the necessary determinations, and30
52	52	enter orders consistent with the findings. The board may designate one or more of its31
53	53	members as its hearing officer;32
54	54	(6) Adopt, revise, and enforce rules concerning advertising by licensees including, but33
55	55	not limited to, rules to prohibit false, misleading, or deceptive practices;34
56	56	(7) Periodically evaluate board recognized massage therapy educational programs and35
57	57	license such programs that meet the board's requirements;36
58	58	(8) Develop and enforce standards for continuing education courses required of licensed37
59	59	massage therapists which may include courses in massage therapy or any of the38
60	60	modalities described in paragraphs (5) through (8) of subsection (a) of Code Section39
61	61	43-24A-19;40 23 LC 33 9247
62	62	H. B. 466
63	63	- 3 -
64	64	(9) Develop and enforce reasonable and uniform standards for massage therapy
65	65	41
66	66	educational programs and massage therapy practice;42
67	67	(10) Deny or withdraw recognition of noncompliant massage therapy educational43
68	68	programs that do not meet standards established pursuant to this chapter;44
69	69	(11) Appoint standing or ad hoc committees as necessary to inform and make45
70	70	recommendations to the board about issues and concerns of the massage therapy46
71	71	profession and to facilitate communication amongst the board, licensees under this47
72	72	chapter, and the community, which may include nonmembers of the board;48
73	73	(12) Collect and publish data regarding existing massage therapy resources in Georgia49
74	74	without violation of any state or federal privacy laws and coordinate planning for board50
75	75	recognized massage therapy educational programs and practice;51
76	76	(13) Adopt an official seal; and
77	77	52
78	78	(14) Bring proceedings to the courts for the enforcement of this chapter or any rules and53
79	79	regulations promulgated pursuant to this chapter; and54
80	80	(15) Administer the Interstate Massage Compact contained in Article 3 of this chapter."55
81	81	SECTION 3.56
82	82	Said chapter is further amended by adding a new article to read as follows:57
83	83	"ARTICLE 358
84	84	43-24A-40.59
85	85	This article shall be known and may be cited as the 'Interstate Massage Compact Act.'60 23 LC 33 9247
86	86	H. B. 466
87	87	- 4 -
88	88	43-24A-41.61
89	89	The Interstate Massage Compact is enacted into law and entered into by the State of62
90	90	Georgia with any and all other states legally joining therein in the form substantially as63
91	91	follows:64
92	92	'INTERSTATE MASSAGE COMPACT65
93	93	ARTICLE 1- PURPOSE66
94	94	The purpose of this Compact is to reduce the burdens on State governments and to facilitate67
95	95	the interstate practice and regulation of Massage Therapy with the goal of improving public68
96	96	access to, and the safety of, Massage Therapy Services. Through this Compact, the69
97	97	Member States seek to establish a regulatory framework which provides for a new70
98	98	multistate licensing program. Through this additional licensing pathway, the Member71
99	99	States seek to provide increased value and mobility to licensed massage therapists in the72
100	100	Member States, while ensuring the provision of safe, competent, and reliable services to73
101	101	the public.74
102	102	This Compact is designed to achieve the following objectives, and the Member States75
103	103	hereby ratify the same intentions by subscribing hereto:76
104	104	A. Increase public access to Massage Therapy Services by providing for a multistate77
105	105	licensing pathway;78
106	106	B. Enhance the Member States' ability to protect the public's health and safety;79
107	107	C. Enhance the Member States' ability to prevent human trafficking and licensure fraud;80
108	108	D. Encourage the cooperation of Member States in regulating the multistate Practice of81
109	109	Massage Therapy;82
110	110	E. Support relocating military members and their spouses;83
111	111	F. Facilitate and enhance the exchange of licensure, investigative, and disciplinary84
112	112	information between the Member States;85 23 LC 33 9247
113	113	H. B. 466
114	114	- 5 -
115	115	G. Create an Interstate Commission that will exist to implement and administer the86
116	116	Compact;87
117	117	H. Allow a Member State to hold a Licensee accountable, even where that Licensee holds88
118	118	a Multistate License;89
119	119	I. Create a streamlined pathway for Licensees to practice in Member States, thus90
120	120	increasing the mobility of duly licensed massage therapists; and91
121	121	J. Serve the needs of licensed massage therapists and the public receiving their services;92
122	122	however,93
123	123	K. Nothing in this Compact is intended to prevent a State from enforcing its own laws94
124	124	regarding the Practice of Massage Therapy.95
125	125	ARTICLE 2- DEFINITIONS96
126	126	As used in this Compact, except as otherwise provided and subject to clarification by the97
127	127	Rules of the Commission, the following definitions shall govern the terms herein:98
128	128	A. "Active Duty Military" - any individual in full-time duty status in the active uniformed99
129	129	service of the United States including members of the National Guard and Reserve.100
130	130	B. "Adverse Action" - any administrative, civil, equitable, or criminal action permitted by101
131	131	a Member State's laws which is imposed by a Licensing Authority or other regulatory body102
132	132	against a Licensee, including actions against an individual's Authorization to Practice such103
133	133	as revocation, suspension, probation, surrender in lieu of discipline, monitoring of the104
134	134	Licensee, limitation of the Licensee's practice, or any other Encumbrance on licensure105
135	135	affecting an individual's ability to practice Massage Therapy, including the issuance of a106
136	136	cease and desist order.107
137	137	C. "Alternative Program" - a non-disciplinary monitoring or prosecutorial diversion108
138	138	program approved by a Member State's Licensing Authority.109
139	139	D. "Authorization to Practice" - a legal authorization by a Remote State pursuant to a110
140	140	Multistate License permitting the Practice of Massage Therapy in that Remote State, which111 23 LC 33 9247
141	141	H. B. 466
142	142	- 6 -
143	143	shall be subject to the enforcement jurisdiction of the Licensing Authority in that Remote112
144	144	State.113
145	145	E. "Background Check" - the submission of an applicant's criminal history record114
146	146	information, as further defined in 28 C.F.R. § 20.3(d), as amended from the Federal Bureau115
147	147	of Investigation and the agency responsible for retaining State criminal records in the116
148	148	applicant's Home State.117
149	149	F. "Charter Member States" - Member States who have enacted legislation to adopt this118
150	150	Compact where such legislation predates the effective date of this Compact as defined in119
151	151	Article 12.120
152	152	G. "Commission" - the government agency whose membership consists of all States that121
153	153	have enacted this Compact, which is known as the Interstate Massage Compact122
154	154	Commission, as defined in Article 8, and which shall operate as an instrumentality of the123
155	155	Member States.124
156	156	H. "Continuing Competence" - a requirement, as a condition of license renewal, to provide125
157	157	evidence of participation in, and completion of, educational or professional activities that126
158	158	maintain, improve, or enhance Massage Therapy fitness to practice.127
159	159	I. "Current Significant Investigative Information" - Investigative Information that a128
160	160	Licensing Authority, after an inquiry or investigation that complies with a Member State's129
161	161	due process requirements, has reason to believe is not groundless and, if proved true, would130
162	162	indicate a violation of that State's laws regarding the Practice of Massage Therapy.131
163	163	J. "Data System" - a repository of information about Licensees who hold Multistate132
164	164	Licenses, which may include but is not limited to license status, Investigative Information,133
165	165	and Adverse Actions.134
166	166	K. "Disqualifying Event" - any event which shall disqualify an individual from holding135
167	167	a Multistate License under this Compact, which the Commission may by Rule specify.136
168	168	L. "Encumbrance" - a revocation or suspension of, or any limitation or condition on, the137
169	169	full and unrestricted Practice of Massage Therapy by a Licensing Authority.138 23 LC 33 9247
170	170	H. B. 466
171	171	- 7 -
172	172	M. "Executive Committee" - a group of delegates elected or appointed to act on behalf of,139
173	173	and within the powers granted to them by, the Commission.140
174	174	N. "Home State" - means the Member State which is a Licensee's primary state of141
175	175	residence where the Licensee holds an active Single-State License.142
176	176	O. "Investigative Information" - information, records, or documents received or generated143
177	177	by a Licensing Authority pursuant to an investigation or other inquiry.144
178	178	P. "Licensing Authority" - a State's regulatory body responsible for issuing Massage145
179	179	Therapy licenses or otherwise overseeing the Practice of Massage Therapy in that State.146
180	180	Q. "Licensee" - an individual who currently holds a license from a Member State to fully147
181	181	practice Massage Therapy, whose license is not a student, provisional, temporary, inactive,148
182	182	or other similar status.149
183	183	R. "Massage Therapy", "Massage Therapy Services", and the "Practice of Massage150
184	184	Therapy" - the care and services provided by a Licensee as set forth in the Member State's151
185	185	statutes and regulations in the State where the services are being provided.152
186	186	S. "Member State" - any State that has adopted this Compact.153
187	187	T. "Multistate License" - a license that consists of Authorizations to Practice Massage154
188	188	Therapy in all Remote States pursuant to this Compact, which shall be subject to the155
189	189	enforcement jurisdiction of the Licensing Authority in a Licensee's Home State.156
190	190	U. "National Licensing Examination" - A national examination developed by a national157
191	191	association of Massage Therapy regulatory boards, as defined by Commission Rule, that158
192	192	is derived from a practice analysis and is consistent with generally accepted psychometric159
193	193	principles of fairness, validity and reliability, and is administered under secure and160
194	194	confidential examination protocols.161
195	195	V. "Remote State" - any Member State, other than the Licensee's Home State.162
196	196	W. "Rule" - any opinion or regulation promulgated by the Commission under this163
197	197	Compact, which shall have the force of law.164 23 LC 33 9247
198	198	H. B. 466
199	199	- 8 -
200	200	X. "Single-State License" - a current, valid authorization issued by a Member State's165
201	201	Licensing Authority allowing an individual to fully practice Massage Therapy, that is not166
202	202	a restricted, student, provisional, temporary, or inactive practice authorization and167
203	203	authorizes practice only within the issuing State.168
204	204	Y. "State" - a state, territory, possession of the United States, or the District of Columbia.169
205	205	ARTICLE 3- MEMBER STATE REQUIREMENTS170
206	206	A. To be eligible to join this Compact, and to maintain eligibility as a Member State, a171
207	207	State must:172
208	208	1. License and regulate the Practice of Massage Therapy;173
209	209	2. Have a mechanism or entity in place to receive and investigate complaints from the174
210	210	public, regulatory or law enforcement agencies, or the Commission about Licensees175
211	211	practicing in that State;176
212	212	3. Accept passage of a National Licensing Examination as a criterion for Massage177
213	213	Therapy licensure in that State;178
214	214	4. Require that Licensees satisfy educational requirements prior to being licensed to179
215	215	provide Massage Therapy Services to the public in that State;180
216	216	5. Implement procedures for requiring the Background Check of applicants for a181
217	217	Multistate License, and for the reporting of any Disqualifying Events, including but not182
218	218	limited to obtaining and submitting, for each Licensee holding a Multistate License and183
219	219	each applicant for a Multistate License, fingerprint or other biometric-based information184
220	220	to the Federal Bureau of Investigation for Background Checks; receiving the results of185
221	221	the Federal Bureau of Investigation record search on Background Checks and considering186
222	222	the results of such a Background Check in making licensure decisions;187
223	223	6. Have Continuing Competence requirements as a condition for license renewal;188
224	224	7. Participate in the Data System, including through the use of unique identifying189
225	225	numbers as described herein;190 23 LC 33 9247
226	226	H. B. 466
227	227	- 9 -
228	228	8. Notify the Commission and other Member States, in compliance with the terms of the191
229	229	Compact and Rules of the Commission, of any disciplinary action taken by the State192
230	230	against a Licensee practicing under a Multistate License in that State, or of the existence193
231	231	of Investigative Information or Current Significant Investigative Information regarding194
232	232	a Licensee practicing in that State pursuant to a Multistate License;195
233	233	9. Comply with the Rules of the Commission;196
234	234	10. Accept Licensees with valid Multistate Licenses from other Member States as197
235	235	established herein;198
236	236	B. Individuals not residing in a Member State shall continue to be able to apply for a199
237	237	Member State's Single-State License as provided under the laws of each Member State.200
238	238	However, the Single-State License granted to those individuals shall not be recognized as201
239	239	granting a Multistate License for Massage Therapy in any other Member State;202
240	240	C. Nothing in this Compact shall affect the requirements established by a Member State203
241	241	for the issuance of a Single-State License; and204
242	242	D. A Multistate License issued to a Licensee shall be recognized by each Remote State as205
243	243	an Authorization to Practice Massage Therapy in each Remote State.206
244	244	ARTICLE 4- MULTISTATE LICENSE REQUIREMENTS207
245	245	A. To qualify for a Multistate License under this Compact, and to maintain eligibility for208
246	246	such a license, an applicant must:209
247	247	1. Hold an active Single-State License to practice Massage Therapy in the applicant's210
248	248	Home State;211
249	249	2. Have completed at least six hundred and twenty-five (625) clock hours of Massage212
250	250	Therapy education or the substantial equivalent which the Commission may approve by213
251	251	Rule.214
252	252	3. Have passed a National Licensing Examination or the substantial equivalent which the215
253	253	Commission may approve by Rule.216 23 LC 33 9247
254	254	H. B. 466
255	255	- 10 -
256	256	4. Submit to a Background Check;217
257	257	5. Have not been convicted or found guilty, or have entered into an agreed disposition,218
258	258	of a felony offense under applicable State or federal criminal law, within five (5) years219
259	259	prior to the date of their application, where such a time period shall not include any time220
260	260	served for the offense, and provided that the applicant has completed any and all221
261	261	requirements arising as a result of any such offense;222
262	262	6. Have not been convicted or found guilty, or have entered into an agreed disposition,223
263	263	of a misdemeanor offense related to the Practice of Massage Therapy under applicable224
264	264	State or federal criminal law, within two (2) years prior to the date of their application225
265	265	where such a time period shall not include any time served for the offense, and provided226
266	266	that the applicant has completed any and all requirements arising as a result of any such227
267	267	offense;228
268	268	7. Have not been convicted or found guilty, or have entered into an agreed disposition,229
269	269	of any offense, whether a misdemeanor or a felony, under State or federal law, at any230
270	270	time, relating to any of the following:231
271	271	a. Kidnapping;232
272	272	b. Human trafficking;233
273	273	c. Human smuggling;234
274	274	d. Sexual battery, sexual assault, or any related offenses; or235
275	275	e. Any other category of offense which the Commission may by Rule designate.236
276	276	8. Have not previously held a Massage Therapy license which was revoked by, or237
277	277	surrendered in lieu of discipline to an applicable Licensing Authority;238
278	278	9. Have no history of any Adverse Action on any occupational or professional license239
279	279	within two (2) years prior to the date of their application; and240
280	280	10. Pay all required fees.241
281	281	B. A Multistate License granted pursuant to this Compact may be effective for a definite242
282	282	period of time concurrent with the renewal of the Home State license.243 23 LC 33 9247
283	283	H. B. 466
284	284	- 11 -
285	285	C. A Licensee practicing in a Member State is subject to all scope of practice laws244
286	286	governing Massage Therapy Services in that State.245
287	287	D. The Practice of Massage Therapy under a Multistate License granted pursuant to this246
288	288	Compact will subject the Licensee to the jurisdiction of the Licensing Authority, the courts,247
289	289	and the laws of the Member State in which the Massage Therapy Services are provided.248
290	290	ARTICLE 5- AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION249
291	291	AND MEMBER STATE LICENSING AUTHORITIES250
292	292	A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,251
293	293	restrict, or in any way reduce the ability of a Member State to enact and enforce laws,252
294	294	regulations, or other rules related to the Practice of Massage Therapy in that State, where253
295	295	those laws, regulations, or other rules are not inconsistent with the provisions of this254
296	296	Compact.255
297	297	B. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,256
298	298	restrict, or in any way reduce the ability of a Member State to take Adverse Action against257
299	299	a Licensee's Single-State License to practice Massage Therapy in that State.258
300	300	C. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,259
301	301	restrict, or in any way reduce the ability of a Remote State to take Adverse Action against260
302	302	a Licensee's Authorization to Practice in that State.261
303	303	D. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,262
304	304	restrict, or in any way reduce the ability of a Licensee's Home State to take Adverse Action263
305	305	against a Licensee's Multistate License based upon information provided by a Remote264
306	306	State.265
307	307	E. Insofar as practical, a Member State's Licensing Authority shall cooperate with the266
308	308	Commission and with each entity exercising independent regulatory authority over the267
309	309	Practice of Massage Therapy according to the provisions of this Compact.268 23 LC 33 9247
310	310	H. B. 466
311	311	- 12 -
312	312	ARTICLE 6- ADVERSE ACTIONS269
313	313	A. A Licensee's Home State shall have exclusive power to impose an Adverse Action270
314	314	against a Licensee's Multistate License issued by the Home State.271
315	315	B. A Home State may take Adverse Action on a Multistate License based on the272
316	316	Investigative Information, Current Significant Investigative Information, or Adverse Action273
317	317	of a Remote State.274
318	318	C. A Home State shall retain authority to complete any pending investigations of a275
319	319	Licensee practicing under a Multistate License who changes their Home State during the276
320	320	course of such an investigation. The Licensing Authority shall also be empowered to277
321	321	report the results of such an investigation to the Commission through the Data System as278
322	322	described herein.279
323	323	D. Any Member State may investigate actual or alleged violations of the scope of practice280
324	324	laws in any other Member State for a massage therapist who holds a Multistate License.281
325	325	E. A Remote State shall have the authority to:282
326	326	1. Take Adverse Actions against a Licensee's Authorization to Practice;283
327	327	2. Issue cease and desist orders or impose an Encumbrance on a Licensee's Authorization284
328	328	to Practice in that State.285
329	329	3. Issue subpoenas for both hearings and investigations that require the attendance and286
330	330	testimony of witnesses, as well as the production of evidence. Subpoenas issued by a287
331	331	Licensing Authority in a Member State for the attendance and testimony of witnesses or288
332	332	the production of evidence from another Member State shall be enforced in the latter289
333	333	State by any court of competent jurisdiction, according to the practice and procedure of290
334	334	that court applicable to subpoenas issued in proceedings before it. The issuing Licensing291
335	335	Authority shall pay any witness fees, travel expenses, mileage, and other fees required292
336	336	by the service statutes of the State in which the witnesses or evidence are located.293 23 LC 33 9247
337	337	H. B. 466
338	338	- 13 -
339	339	4. If otherwise permitted by State law, recover from the affected Licensee the costs of294
340	340	investigations and disposition of cases resulting from any Adverse Action taken against295
341	341	that Licensee.296
342	342	5. Take Adverse Action against the Licensee's Authorization to Practice in that State297
343	343	based on the factual findings of another Member State.298
344	344	F. If an Adverse Action is taken by the Home State against a Licensee's Multistate License299
345	345	or Single-State License to practice in the Home State, the Licensee's Authorization to300
346	346	Practice in all other Member States shall be deactivated until all Encumbrances have been301
347	347	removed from such license. All Home State disciplinary orders that impose an Adverse302
348	348	Action against a Licensee shall include a statement that the Massage Therapist's303
349	349	Authorization to Practice is deactivated in all Member States during the pendency of the304
350	350	order.305
351	351	G. If Adverse Action is taken by a Remote State against a Licensee's Authorization to306
352	352	Practice, that Adverse Action applies to all Authorizations to Practice in all Remote States.307
353	353	A Licensee whose Authorization to Practice in a Remote State is removed for a specified308
354	354	period of time is not eligible to apply for a new Multistate License in any other State until309
355	355	the specific time for removal of the Authorization to Practice has passed and all310
356	356	encumbrance requirements are satisfied.311
357	357	H. Nothing in this Compact shall override a Member State's authority to accept a312
358	358	Licensee's participation in an Alternative Program in lieu of Adverse Action. A Licensee's313
359	359	Multistate License shall be suspended for the duration of the Licensee's participation in any314
360	360	Alternative Program.315
361	361	I. Joint Investigations316
362	362	1. In addition to the authority granted to a Member State by its respective scope of317
363	363	practice laws or other applicable State law, a Member State may participate with other318
364	364	Member States in joint investigations of Licensees.319 23 LC 33 9247
365	365	H. B. 466
366	366	- 14 -
367	367	2. Member States shall share any investigative, litigation, or compliance materials in320
368	368	furtherance of any joint or individual investigation initiated under the Compact.321
369	369	ARTICLE 7- ACTIVE DUTY MILITARY AND THEIR SPOUSES322
370	370	Active Duty Military personnel, or their spouses, shall designate a Home State where the323
371	371	individual has a current license to practice Massage Therapy in good standing. The324
372	372	individual may retain their Home State designation during any period of service when that325
373	373	individual or their spouse is on active duty assignment.326
374	374	ARTICLE 8- ESTABLISHMENT AND OPERATION OF327
375	375	INTERSTATE MASSAGE COMPACT COMMISSION328
376	376	A. The Compact Member States hereby create and establish a joint government agency329
377	377	whose membership consists of all Member States that have enacted the Compact known330
378	378	as the Interstate Massage Compact Commission. The Commission is an instrumentality331
379	379	of the Compact States acting jointly and not an instrumentality of any one State. The332
380	380	Commission shall come into existence on or after the effective date of the Compact as set333
381	381	forth in Article 12.334
382	382	B. Membership, Voting, and Meetings335
383	383	1. Each Member State shall have and be limited to one (1) delegate selected by that336
384	384	Member State's State Licensing Authority.337
385	385	2. The delegate shall be the primary administrative officer of the State Licensing338
386	386	Authority or their designee.339
387	387	3. The Commission shall by Rule or bylaw establish a term of office for delegates and340
388	388	may by Rule or bylaw establish term limits.341
389	389	4. The Commission may recommend removal or suspension of any delegate from office.342 23 LC 33 9247
390	390	H. B. 466
391	391	- 15 -
392	392	5. A Member State's State Licensing Authority shall fill any vacancy of its delegate343
393	393	occurring on the Commission within 60 days of the vacancy.344
394	394	6. Each delegate shall be entitled to one vote on all matters that are voted on by the345
395	395	Commission.346
396	396	7. The Commission shall meet at least once during each calendar year. Additional347
397	397	meetings may be held as set forth in the bylaws. The Commission may meet by348
398	398	telecommunication, video conference or other similar electronic means.349
399	399	C. The Commission shall have the following powers:350
400	400	1. Establish the fiscal year of the Commission;351
401	401	2. Establish code of conduct and conflict of interest policies;352
402	402	3. Adopt Rules and bylaws;353
403	403	4. Maintain its financial records in accordance with the bylaws;354
404	404	5. Meet and take such actions as are consistent with the provisions of this Compact, the355
405	405	Commission's Rules, and the bylaws;356
406	406	6. Initiate and conclude legal proceedings or actions in the name of the Commission,357
407	407	provided that the standing of any State Licensing Authority to sue or be sued under358
408	408	applicable law shall not be affected;359
409	409	7. Maintain and certify records and information provided to a Member State as the360
410	410	authenticated business records of the Commission, and designate an agent to do so on the361
411	411	Commission's behalf;362
412	412	8. Purchase and maintain insurance and bonds;363
413	413	9. Borrow, accept, or contract for services of personnel, including, but not limited to,364
414	414	employees of a Member State;365
415	415	10. Conduct an annual financial review;366
416	416	11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such367
417	417	individuals appropriate authority to carry out the purposes of the Compact, and establish368 23 LC 33 9247
418	418	H. B. 466
419	419	- 16 -
420	420	the Commission's personnel policies and programs relating to conflicts of interest,369
421	421	qualifications of personnel, and other related personnel matters;370
422	422	12. Assess and collect fees;371
423	423	13. Accept any and all appropriate gifts, donations, grants of money, other sources of372
424	424	revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose373
425	425	of the same; provided that at all times the Commission shall avoid any appearance of374
426	426	impropriety or conflict of interest;375
427	427	14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or376
428	428	mixed, or any undivided interest therein;377
429	429	15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of378
430	430	any property real, personal, or mixed;379
431	431	16. Establish a budget and make expenditures;380
432	432	17. Borrow money;381
433	433	18. Appoint committees, including standing committees, composed of members, State382
434	434	regulators, State legislators or their representatives, and consumer representatives, and383
435	435	such other interested persons as may be designated in this Compact and the bylaws;384
436	436	19. Accept and transmit complaints from the public, regulatory or law enforcement385
437	437	agencies, or the Commission, to the relevant Member State(s) regarding potential386
438	438	misconduct of Licensees;387
439	439	20. Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of the388
440	440	Commission as provided in the Commission's bylaws;389
441	441	21. Establish and elect an Executive Committee, including a chair and a vice chair;390
442	442	22. Adopt and provide to the Member States an annual report.391
443	443	23. Determine whether a State's adopted language is materially different from the model392
444	444	Compact language such that the State would not qualify for participation in the Compact;393
445	445	and394 23 LC 33 9247
446	446	H. B. 466
447	447	- 17 -
448	448	24. Perform such other functions as may be necessary or appropriate to achieve the395
449	449	purposes of this Compact.396
450	450	D. The Executive Committee397
451	451	1. The Executive Committee shall have the power to act on behalf of the Commission398
452	452	according to the terms of this Compact. The powers, duties, and responsibilities of the399
453	453	Executive Committee shall include:400
454	454	a. Overseeing the day-to-day activities of the administration of the Compact including401
455	455	compliance with the provisions of the Compact, the Commission's Rules and bylaws,402
456	456	and other such duties as deemed necessary;403
457	457	b. Recommending to the Commission changes to the Rules or bylaws, changes to this404
458	458	Compact legislation, fees charged to Compact Member States, fees charged to405
459	459	Licensees, and other fees;406
460	460	c. Ensuring Compact administration services are appropriately provided, including by407
461	461	contract;408
462	462	d. Preparing and recommending the budget;409
463	463	e. Maintaining financial records on behalf of the Commission;410
464	464	f. Monitoring Compact compliance of Member States and providing compliance411
465	465	reports to the Commission;412
466	466	g. Establishing additional committees as necessary;413
467	467	h. Exercise the powers and duties of the Commission during the interim between414
468	468	Commission meetings, except for adopting or amending Rules, adopting or amending415
469	469	bylaws, and exercising any other powers and duties expressly reserved to the416
470	470	Commission by Rule or bylaw; and417
471	471	i. Other duties as provided in the Rules or bylaws of the Commission.418
472	472	2. The Executive Committee shall be composed of seven voting members and up to two419
473	473	exofficio members as follows:420 23 LC 33 9247
474	474	H. B. 466
475	475	- 18 -
476	476	a. The chair and vice chair of the Commission and any other members of the421
477	477	Commission who serve on the Executive Committee shall be voting members of the422
478	478	Executive Committee; and423
479	479	b. Other than the chair, vice-chair, secretary and treasurer, the Commission shall elect424
480	480	three voting members from the current membership of the Commission.425
481	481	c. The Commission may elect ex-officio, nonvoting members as necessary as follows:426
482	482	i. One ex-officio member who is a representative of the national association of State427
483	483	Massage Therapy regulatory boards428
484	484	ii. One ex-officio member as specified in the Commission's bylaws.429
485	485	3. The Commission may remove any member of the Executive Committee as provided430
486	486	in the Commission's bylaws.431
487	487	4. The Executive Committee shall meet at least annually.432
488	488	a. Executive Committee meetings shall be open to the public, except that the Executive433
489	489	Committee may meet in a closed, non-public session of a public meeting when dealing434
490	490	with any of the matters covered under subsection F.4.435
491	491	b. The Executive Committee shall give five business days advance notice of its public436
492	492	meetings, posted on its website and as determined to provide notice to persons with an437
493	493	interest in the public matters the Executive Committee intends to address at those438
494	494	meetings.439
495	495	5. The Executive Committee may hold an emergency meeting when acting for the440
496	496	Commission to:441
497	497	a. Meet an imminent threat to public health, safety, or welfare;442
498	498	b. Prevent a loss of Commission or Participating State funds; or443
499	499	c. Protect public health and safety.444
500	500	E. The Commission shall adopt and provide to the Member States an annual report.445
501	501	F. Meetings of the Commission446 23 LC 33 9247
502	502	H. B. 466
503	503	- 19 -
504	504	1. All meetings of the Commission that are not closed pursuant to this subsection shall447
505	505	be open to the public. Notice of public meetings shall be posted on the Commission's448
506	506	website at least thirty (30) days prior to the public meeting.449
507	507	2. Notwithstanding subsection F.1 of this Article, the Commission may convene an450
508	508	emergency public meeting by providing at least twenty-four (24) hours prior notice on451
509	509	the Commission's website, and any other means as provided in the Commission's Rules,452
510	510	for any of the reasons it may dispense with notice of proposed rulemaking under Article453
511	511	10.L. The Commission's legal counsel shall certify the that one of the reasons justifying454
512	512	an emergency public meeting has been met.455
513	513	3. Notice of all Commission meetings shall provide the time, date, and location of the456
514	514	meeting, and if the meeting is to be held or accessible via telecommunication, video457
515	515	conference, or other electronic means, the notice shall include the mechanism for access458
516	516	to the meeting.459
517	517	4. The Commission may convene in a closed, non-public meeting for the Commission460
518	518	to discuss:461
519	519	a. Non-compliance of a Member State with its obligations under the Compact;462
520	520	b. The employment, compensation, discipline or other matters, practices or procedures463
521	521	related to specific employees or other matters related to the Commission's internal464
522	522	personnel practices and procedures;465
523	523	c. Current or threatened discipline of a Licensee by the Commission or by a Member466
524	524	State's Licensing Authority;467
525	525	d. Current, threatened, or reasonably anticipated litigation;468
526	526	e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real469
527	527	estate;470
528	528	f. Accusing any person of a crime or formally censuring any person;471
529	529	g. Trade secrets or commercial or financial information that is privileged or472
530	530	confidential;473 23 LC 33 9247
531	531	H. B. 466
532	532	- 20 -
533	533	h. Information of a personal nature where disclosure would constitute a clearly474
534	534	unwarranted invasion of personal privacy;475
535	535	i. Investigative records compiled for law enforcement purposes;476
536	536	j. Information related to any investigative reports prepared by or on behalf of or for use477
537	537	of the Commission or other committee charged with responsibility of investigation or478
538	538	determination of compliance issues pursuant to the Compact;479
539	539	k. Legal advice;480
540	540	l. Matters specifically exempted from disclosure to the public by federal or Member481
541	541	State law; or482
542	542	m. Other matters as promulgated by the Commission by Rule.483
543	543	5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the484
544	544	meeting will be closed and reference each relevant exempting provision, and such485
545	545	reference shall be recorded in the minutes.486
546	546	6. The Commission shall keep minutes that fully and clearly describe all matters487
547	547	discussed in a meeting and shall provide a full and accurate summary of actions taken,488
548	548	and the reasons therefore, including a description of the views expressed. All documents489
549	549	considered in connection with an action shall be identified in such minutes. All minutes490
550	550	and documents of a closed meeting shall remain under seal, subject to release only by a491
551	551	majority vote of the Commission or order of a court of competent jurisdiction.492
552	552	G. Financing of the Commission493
553	553	1. The Commission shall pay, or provide for the payment of, the reasonable expenses of494
554	554	its establishment, organization, and ongoing activities.495
555	555	2. The Commission may accept any and all appropriate sources of revenue, donations,496
556	556	and grants of money, equipment, supplies, materials, and services.497
557	557	3. The Commission may levy on and collect an annual assessment from each Member498
558	558	State and impose fees on Licensees of Member States to whom it grants a Multistate499
559	559	License to cover the cost of the operations and activities of the Commission and its staff,500 23 LC 33 9247
560	560	H. B. 466
561	561	- 21 -
562	562	which must be in a total amount sufficient to cover its annual budget as approved each501
563	563	year for which revenue is not provided by other sources. The aggregate annual502
564	564	assessment amount for Member States shall be allocated based upon a formula that the503
565	565	Commission shall promulgate by Rule.504
566	566	4. The Commission shall not incur obligations of any kind prior to securing the funds505
567	567	adequate to meet the same; nor shall the Commission pledge the credit of any Member506
568	568	States, except by and with the authority of the Member State.507
569	569	5. The Commission shall keep accurate accounts of all receipts and disbursements. The508
570	570	receipts and disbursements of the Commission shall be subject to the financial review and509
571	571	accounting procedures established under its bylaws. All receipts and disbursements of510
572	572	funds handled by the Commission shall be subject to an annual financial review by a511
573	573	certified or licensed public accountant, and the report of the financial review shall be512
574	574	included in and become part of the annual report of the Commission.513
575	575	H. Qualified Immunity, Defense, and Indemnification514
576	576	1. The members, officers, executive director, employees and representatives of the515
577	577	Commission shall be immune from suit and liability, both personally and in their official516
578	578	capacity, for any claim for damage to or loss of property or personal injury or other civil517
579	579	liability caused by or arising out of any actual or alleged act, error, or omission that518
580	580	occurred, or that the person against whom the claim is made had a reasonable basis for519
581	581	believing occurred within the scope of Commission employment, duties or520
582	582	responsibilities; provided that nothing in this paragraph shall be construed to protect any521
583	583	such person from suit or liability for any damage, loss, injury, or liability caused by the522
584	584	intentional or willful or wanton misconduct of that person. The procurement of insurance523
585	585	of any type by the Commission shall not in any way compromise or limit the immunity524
586	586	granted hereunder.525
587	587	2. The Commission shall defend any member, officer, executive director, employee, and526
588	588	representative of the Commission in any civil action seeking to impose liability arising527 23 LC 33 9247
589	589	H. B. 466
590	590	- 22 -
591	591	out of any actual or alleged act, error, or omission that occurred within the scope of528
592	592	Commission employment, duties, or responsibilities, or as determined by the Commission529
593	593	that the person against whom the claim is made had a reasonable basis for believing530
594	594	occurred within the scope of Commission employment, duties, or responsibilities;531
595	595	provided that nothing herein shall be construed to prohibit that person from retaining their532
596	596	own counsel at their own expense; and provided further, that the actual or alleged act,533
597	597	error, or omission did not result from that person's intentional or willful or wanton534
598	598	misconduct.535
599	599	3. The Commission shall indemnify and hold harmless any member, officer, executive536
600	600	director, employee, and representative of the Commission for the amount of any537
601	601	settlement or judgment obtained against that person arising out of any actual or alleged538
602	602	act, error, or omission that occurred within the scope of Commission employment, duties,539
603	603	or responsibilities, or that such person had a reasonable basis for believing occurred540
604	604	within the scope of Commission employment, duties, or responsibilities, provided that541
605	605	the actual or alleged act, error, or omission did not result from the intentional or willful542
606	606	or wanton misconduct of that person.543
607	607	4. Nothing herein shall be construed as a limitation on the liability of any Licensee for544
608	608	professional malpractice or misconduct, which shall be governed solely by any other545
609	609	applicable State laws.546
610	610	5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member547
611	611	State's State action immunity or State action affirmative defense with respect to antitrust548
612	612	claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or549
613	613	anticompetitive law or regulation.550
614	614	6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by551
615	615	the Member States or by the Commission.552 23 LC 33 9247
616	616	H. B. 466
617	617	- 23 -
618	618	ARTICLE 9- DATA SYSTEM553
619	619	A. The Commission shall provide for the development, maintenance, operation, and554
620	620	utilization of a coordinated database and reporting system.555
621	621	B. The Commission shall assign each applicant for a Multistate License a unique556
622	622	identifier, as determined by the Rules of the Commission.557
623	623	C. Notwithstanding any other provision of State law to the contrary, a Member State shall558
624	624	submit a uniform data set to the Data System on all individuals to whom this Compact is559
625	625	applicable as required by the Rules of the Commission, including:560
626	626	1. Identifying information;561
627	627	2. Licensure data;562
628	628	3. Adverse Actions against a license and information related thereto;563
629	629	4. Non-confidential information related to Alternative Program participation, the564
630	630	beginning and ending dates of such participation, and other information related to such565
631	631	participation;566
632	632	5. Any denial of application for licensure, and the reason(s) for such denial (excluding567
633	633	the reporting of any criminal history record information where prohibited by law);568
634	634	6. The existence of Investigative Information;569
635	635	7. The existence presence of Current Significant Investigative Information; and570
636	636	8. Other information that may facilitate the administration of this Compact or the571
637	637	protection of the public, as determined by the Rules of the Commission.572
638	638	D. The records and information provided to a Member State pursuant to this Compact or573
639	639	through the Data System, when certified by the Commission or an agent thereof, shall574
640	640	constitute the authenticated business records of the Commission, and shall be entitled to575
641	641	any associated hearsay exception in any relevant judicial, quasi-judicial or administrative576
642	642	proceedings in a Member State.577 23 LC 33 9247
643	643	H. B. 466
644	644	- 24 -
645	645	E. The existence of Current Significant Investigative Information and the existence of578
646	646	Investigative Information pertaining to a Licensee in any Member State will only be579
647	647	available to other Member States.580
648	648	F. It is the responsibility of the Member States to report any Adverse Action against a581
649	649	Licensee who holds a Multistate License and to monitor the database to determine whether582
650	650	Adverse Action has been taken against such a Licensee or License applicant. Adverse583
651	651	Action information pertaining to a Licensee or License applicant in any Member State will584
652	652	be available to any other Member State.585
653	653	G. Member States contributing information to the Data System may designate information586
654	654	that may not be shared with the public without the express permission of the contributing587
655	655	State.588
656	656	H. Any information submitted to the Data System that is subsequently expunged pursuant589
657	657	to federal law or the laws of the Member State contributing the information shall be590
658	658	removed from the Data System.591
659	659	ARTICLE 10- RULEMAKING592
660	660	A. The Commission shall promulgate reasonable Rules in order to effectively and593
661	661	efficiently implement and administer the purposes and provisions of the Compact. A Rule594
662	662	shall be invalid and have no force or effect only if a court of competent jurisdiction holds595
663	663	that the Rule is invalid because the Commission exercised its rulemaking authority in a596
664	664	manner that is beyond the scope and purposes of the Compact, or the powers granted597
665	665	hereunder, or based upon another applicable standard of review.598
666	666	B. The Rules of the Commission shall have the force of law in each Member State,599
667	667	provided however that where the Rules of the Commission conflict with the laws of the600
668	668	Member State that establish the Member State's scope of practice as held by a court of601
669	669	competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the602
670	670	extent of the conflict.603 23 LC 33 9247
671	671	H. B. 466
672	672	- 25 -
673	673	C. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth604
674	674	in this article and the Rules adopted thereunder. Rules shall become binding as of the date605
675	675	specified by the Commission for each Rule.606
676	676	D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule,607
677	677	by enactment of a statute or resolution in the same manner used to adopt the Compact608
678	678	within four (4) years of the date of adoption of the Rule, then such Rule shall have no609
679	679	further force and effect in any Member State or to any State applying to participate in the610
680	680	Compact.611
681	681	E. Rules shall be adopted at a regular or special meeting of the Commission.612
682	682	F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and613
683	683	allow persons to provide oral and written comments, data, facts, opinions, and arguments.614
684	684	G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days615
685	685	in advance of the meeting at which the Commission will hold a public hearing on the616
686	686	proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:617
687	687	1. On the website of the Commission or other publicly accessible platform;618
688	688	2. To persons who have requested notice of the Commission's notices of proposed619
689	689	rulemaking, and620
690	690	3. In such other way(s) as the Commission may by Rule specify.621
691	691	H. The Notice of Proposed Rulemaking shall include:622
692	692	1. The time, date, and location of the public hearing at which the Commission will hear623
693	693	public comments on the proposed Rule and, if different, the time, date, and location of624
694	694	the meeting where the Commission will consider and vote on the proposed Rule;625
695	695	2. If the hearing is held via telecommunication, video conference, or other electronic626
696	696	means, the Commission shall include the mechanism for access to the hearing in the627
697	697	Notice of Proposed Rulemaking;628
698	698	3. The text of the proposed Rule and the reason therefor;629
699	699	4. A request for comments on the proposed Rule from any interested person; and630 23 LC 33 9247
700	700	H. B. 466
701	701	- 26 -
702	702	5. The manner in which interested persons may submit written comments.631
703	703	I. All hearings will be recorded. A copy of the recording and all written comments and632
704	704	documents received by the Commission in response to the proposed Rule shall be available633
705	705	to the public.634
706	706	J. Nothing in this article shall be construed as requiring a separate hearing on each Rule.635
707	707	Rules may be grouped for the convenience of the Commission at hearings required by this636
708	708	article.637
709	709	K. The Commission shall, by majority vote of all Commissioners, take final action on the638
710	710	proposed Rule based on the Rulemaking record.639
711	711	1. The Commission may adopt changes to the proposed Rule provided the changes do640
712	712	not enlarge the original purpose of the proposed Rule.641
713	713	2. The Commission shall provide an explanation of the reasons for substantive changes642
714	714	made to the proposed Rule as well as reasons for substantive changes not made that were643
715	715	recommended by commenters.644
716	716	3. The Commission shall determine a reasonable effective date for the Rule. Except for645
717	717	an emergency as provided in subsection L of this article, the effective date of the Rule646
718	718	shall be no sooner than thirty (30) days after the Commission issuing the notice that it647
719	719	adopted or amended the Rule.648
720	720	L. Upon determination that an emergency exists, the Commission may consider and adopt649
721	721	an emergency Rule with 24 hours notice, provided that the usual Rulemaking procedures650
722	722	provided in the Compact and in this article shall be retroactively applied to the Rule as651
723	723	soon as reasonably possible, in no event later than ninety (90) days after the effective date652
724	724	of the Rule. For the purposes of this provision, an emergency Rule is one that must be653
725	725	adopted immediately to:654
726	726	1. Meet an imminent threat to public health, safety, or welfare;655
727	727	2. Prevent a loss of Commission or Member State funds;656 23 LC 33 9247
728	728	H. B. 466
729	729	- 27 -
730	730	3. Meet a deadline for the promulgation of a Rule that is established by federal law or657
731	731	rule; or658
732	732	4. Protect public health and safety.659
733	733	M. The Commission or an authorized committee of the Commission may direct revisions660
734	734	to a previously adopted Rule for purposes of correcting typographical errors, errors in661
735	735	format, errors in consistency, or grammatical errors. Public notice of any revisions shall662
736	736	be posted on the website of the Commission. The revision shall be subject to challenge by663
737	737	any person for a period of thirty (30) days after posting. The revision may be challenged664
738	738	only on grounds that the revision results in a material change to a Rule. A challenge shall665
739	739	be made in writing and delivered to the Commission prior to the end of the notice period.666
740	740	If no challenge is made, the revision will take effect without further action. If the revision667
741	741	is challenged, the revision may not take effect without the approval of the Commission.668
742	742	N. No Member State's rulemaking requirements shall apply under this Compact.669
743	743	ARTICLE 11- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT670
744	744	A. Oversight671
745	745	1. The executive and judicial branches of State government in each Member State shall672
746	746	enforce this Compact and take all actions necessary and appropriate to implement the673
747	747	Compact.674
748	748	2. Venue is proper and judicial proceedings by or against the Commission shall be675
749	749	brought solely and exclusively in a court of competent jurisdiction where the principal676
750	750	office of the Commission is located. The Commission may waive venue and677
751	751	jurisdictional defenses to the extent it adopts or consents to participate in alternative678
752	752	dispute resolution proceedings. Nothing herein shall affect or limit the selection or679
753	753	propriety of venue in any action against a Licensee for professional malpractice,680
754	754	misconduct or any such similar matter.681 23 LC 33 9247
755	755	H. B. 466
756	756	- 28 -
757	757	3. The Commission shall be entitled to receive service of process in any proceeding682
758	758	regarding the enforcement or interpretation of the Compact and shall have standing to683
759	759	intervene in such a proceeding for all purposes. Failure to provide the Commission684
760	760	service of process shall render a judgment or order void as to the Commission, this685
761	761	Compact, or promulgated Rules.686
762	762	B. Default, Technical Assistance, and Termination687
763	763	1. If the Commission determines that a Member State has defaulted in the performance688
764	764	of its obligations or responsibilities under this Compact or the promulgated Rules, the689
765	765	Commission shall provide written notice to the defaulting State. The notice of default690
766	766	shall describe the default, the proposed means of curing the default, and any other action691
767	767	that the Commission may take, and shall offer training and specific technical assistance692
768	768	regarding the default.693
769	769	2. The Commission shall provide a copy of the notice of default to the other Member694
770	770	States.695
771	771	C. If a State in default fails to cure the default, the defaulting State may be terminated from696
772	772	the Compact upon an affirmative vote of a majority of the delegates of the Member States,697
773	773	and all rights, privileges and benefits conferred on that State by this Compact may be698
774	774	terminated on the effective date of termination. A cure of the default does not relieve the699
775	775	offending State of obligations or liabilities incurred during the period of default.700
776	776	D. Termination of membership in the Compact shall be imposed only after all other means701
777	777	of securing compliance have been exhausted. Notice of intent to suspend or terminate shall702
778	778	be given by the Commission to the governor, the majority and minority leaders of the703
779	779	defaulting State's legislature, the defaulting State's State Licensing Authority and each of704
780	780	the Member States' State Licensing Authority.705
781	781	E. A State that has been terminated is responsible for all assessments, obligations, and706
782	782	liabilities incurred through the effective date of termination, including obligations that707
783	783	extend beyond the effective date of termination.708 23 LC 33 9247
784	784	H. B. 466
785	785	- 29 -
786	786	F. Upon the termination of a State's membership from this Compact, that State shall709
787	787	immediately provide notice to all Licensees who hold a Multistate License within that State710
788	788	of such termination. The terminated State shall continue to recognize all licenses granted711
789	789	pursuant to this Compact for a minimum of one hundred eighty (180) days after the date712
790	790	of said notice of termination.713
791	791	G. The Commission shall not bear any costs related to a State that is found to be in default714
792	792	or that has been terminated from the Compact, unless agreed upon in writing between the715
793	793	Commission and the defaulting State.716
794	794	H. The defaulting State may appeal the action of the Commission by petitioning the U.S.717
795	795	District Court for the District of Columbia or the federal district where the Commission has718
796	796	its principal offices. The prevailing party shall be awarded all costs of such litigation,719
797	797	including reasonable attorney's fees.720
798	798	I. Dispute Resolution721
799	799	1. Upon request by a Member State, the Commission shall attempt to resolve disputes722
800	800	related to the Compact that arise among Member States and between Member and723
801	801	non-Member States.724
802	802	2. The Commission shall promulgate a Rule providing for both mediation and binding725
803	803	dispute resolution for disputes as appropriate.726
804	804	J. Enforcement727
805	805	1. The Commission, in the reasonable exercise of its discretion, shall enforce the728
806	806	provisions of this Compact and the Commission's Rules.729
807	807	2. By majority vote as provided by Commission Rule, the Commission may initiate legal730
808	808	action against a Member State in default in the United States District Court for the731
809	809	District of Columbia or the federal district where the Commission has its principal offices732
810	810	to enforce compliance with the provisions of the Compact and its promulgated Rules.733
811	811	The relief sought may include both injunctive relief and damages. In the event judicial734
812	812	enforcement is necessary, the prevailing party shall be awarded all costs of such735 23 LC 33 9247
813	813	H. B. 466
814	814	- 30 -
815	815	litigation, including reasonable attorney's fees. The remedies herein shall not be the736
816	816	exclusive remedies of the Commission. The Commission may pursue any other remedies737
817	817	available under federal or the defaulting Member State's law.738
818	818	3. A Member State may initiate legal action against the Commission in the U.S. District739
819	819	Court for the District of Columbia or the federal district where the Commission has its740
820	820	principal offices to enforce compliance with the provisions of the Compact and its741
821	821	promulgated Rules. The relief sought may include both injunctive relief and damages.742
822	822	In the event judicial enforcement is necessary, the prevailing party shall be awarded all743
823	823	costs of such litigation, including reasonable attorney's fees.744
824	824	4. No individual or entity other than a Member State may enforce this Compact against745
825	825	the Commission.746
826	826	ARTICLE 12- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT747
827	827	A. The Compact shall come into effect on the date on which the Compact statute is748
828	828	enacted into law in the seventh Member State.749
829	829	1. On or after the effective date of the Compact, the Commission shall convene and750
830	830	review the enactment of each of the Charter Member States to determine if the statute751
831	831	enacted by each such Charter Member State is materially different than the model752
832	832	Compact statute.753
833	833	a. A Charter Member State whose enactment is found to be materially different from754
834	834	the model Compact statute shall be entitled to the default process set forth in Article 11.755
835	835	b. If any Member State is later found to be in default, or is terminated or withdraws756
836	836	from the Compact, the Commission shall remain in existence and the Compact shall757
837	837	remain in effect even if the number of Member States should be less than seven (7).758
838	838	2. Member States enacting the Compact subsequent to the Charter Member States shall759
839	839	be subject to the process set forth in Article 8.C.23 to determine if their enactments are760 23 LC 33 9247
840	840	H. B. 466
841	841	- 31 -
842	842	materially different from the model Compact statute and whether they qualify for761
843	843	participation in the Compact.762
844	844	3. All actions taken for the benefit of the Commission or in furtherance of the purposes763
845	845	of the administration of the Compact prior to the effective date of the Compact or the764
846	846	Commission coming into existence shall be considered to be actions of the Commission765
847	847	unless specifically repudiated by the Commission.766
848	848	4. Any State that joins the Compact shall be subject to the Commission's Rules and767
849	849	bylaws as they exist on the date on which the Compact becomes law in that State. Any768
850	850	Rule that has been previously adopted by the Commission shall have the full force and769
851	851	effect of law on the day the Compact becomes law in that State.770
852	852	B. Any Member State may withdraw from this Compact by enacting a statute repealing771
853	853	that State's enactment of the Compact.772
854	854	1. A Member State's withdrawal shall not take effect until one hundred eighty (180) days773
855	855	after enactment of the repealing statute.774
856	856	2. Withdrawal shall not affect the continuing requirement of the withdrawing State's775
857	857	Licensing Authority to comply with the investigative and Adverse Action reporting776
858	858	requirements of this Compact prior to the effective date of withdrawal.777
859	859	3. Upon the enactment of a statute withdrawing from this Compact, a State shall778
860	860	immediately provide notice of such withdrawal to all Licensees within that State.779
861	861	Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing780
862	862	State shall continue to recognize all licenses granted pursuant to this Compact for a781
863	863	minimum of 180 days after the date of such notice of withdrawal.782
864	864	C. Nothing contained in this Compact shall be construed to invalidate or prevent any783
865	865	licensure agreement or other cooperative arrangement between a Member State and a784
866	866	non-Member State that does not conflict with the provisions of this Compact.785 23 LC 33 9247
867	867	H. B. 466
868	868	- 32 -
869	869	D. This Compact may be amended by the Member States. No amendment to this Compact786
870	870	shall become effective and binding upon any Member State until it is enacted into the laws787
871	871	of all Member States.788
872	872	ARTICLE 13- CONSTRUCTION AND SEVERABILITY789
873	873	A. This Compact and the Commission's rulemaking authority shall be liberally construed790
874	874	so as to effectuate the purposes, and the implementation and administration of the791
875	875	Compact. Provisions of the Compact expressly authorizing or requiring the promulgation792
876	876	of Rules shall not be construed to limit the Commission's rulemaking authority solely for793
877	877	those purposes.794
878	878	B. The provisions of this Compact shall be severable and if any phrase, clause, sentence795
879	879	or provision of this Compact is held by a court of competent jurisdiction to be contrary to796
880	880	the constitution of any Member State, a State seeking participation in the Compact, or of797
881	881	the United States, or the applicability thereof to any government, agency, person or798
882	882	circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity799
883	883	of the remainder of this Compact and the applicability thereof to any other government,800
884	884	agency, person or circumstance shall not be affected thereby.801
885	885	C. Notwithstanding subsection B of this article, the Commission may deny a State's802
886	886	participation in the Compact or, in accordance with the requirements of Article 11.B,803
887	887	terminate a Member State's participation in the Compact, if it determines that a804
888	888	constitutional requirement of a Member State is a material departure from the Compact.805
889	889	Otherwise, if this Compact shall be held to be contrary to the constitution of any Member806
890	890	State, the Compact shall remain in full force and effect as to the remaining Member States807
891	891	and in full force and effect as to the Member State affected as to all severable matters.808 23 LC 33 9247
892	892	H. B. 466
893	893	- 33 -
894	894	ARTICLE 14- CONSISTENT EFFECT AND809
895	895	CONFLICT WITH OTHER STATE LAWS810
896	896	Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State811
897	897	that is not inconsistent with the Compact.812
898	898	Any laws, statutes, regulations, or other legal requirements in a Member State in conflict813
899	899	with the Compact are superseded to the extent of the conflict.814
900	900	All permissible agreements between the Commission and the Member States are binding815
901	901	in accordance with their terms.'"816
902	902	SECTION 4.817
903	903	All laws and parts of laws in conflict with this Act are repealed.818