Georgia House Bill HB839 Comm Sub / Bill

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The House Committee on Interstate Cooperation offers the following substitute to HB 839:
A BILL TO BE ENTITLED
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and1
businesses, so as to change provisions relating to licensure of individuals wanting to practice2
certain professions in this state; to enter into an interstate compact known as the "Social3
Work Licensure Compact"; to authorize the Georgia Composite Board of Professional4
Counselors, Social Workers, and Marriage and Family Therapists to administer the compact5
in this state; to provide for a short title; to change certain requirements relating to continuing6
education for massage therapists; to eliminate exceptions relating to certain practices,7
services, and activities; to require that licenses include a photograph of the licensee; to enter8
into an interstate compact known as the "Interstate Massage Compact"; to authorize the9
Georgia Board of Massage Therapy to administer the compact in this state; to provide10
definitions; to provide for conditions; to provide for eligibility; to conform certain11
cross-references; to provide for related matters; to repeal conflicting laws; and for other12
purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
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PART I15
SECTION 1-1.16
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,17
is amended in Code Section 43-10A-5, relating to powers and duties of board, quorum, and18
meetings, by revising subsection (h) as follows:19
"(h)  The board shall administer the Professional Counselors Licensure Compact contained20
in Article 2 of this chapter and the Social Work Licensure Compact contained in Article 321
of this chapter."22
SECTION 1-2.23
Said title is further amended by adding a new article to read as follows:24
"ARTICLE 325
43-10A-60.26
This article shall be known and may be cited as the 'Social Work Licensure Compact Act.'27
43-10A-61.28
The Social Work Licensure Compact is enacted into law and entered into by the State of29
Georgia with any and all other states legally joining therein in the form substantially as30
follows:31
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'SOCIAL WORK LICENSURE COMPACT ACT32
SECTION 1: PURPOSE33
The purpose of this Compact is to facilitate interstate practice of Regulated Social Workers34
by improving public access to competent Social Work Services.  The Compact preserves the35
regulatory authority of States to protect public health and safety through the current system36
of State licensure.  This Compact is designed to achieve the following objectives:37
A. Increase public access to Social Work Services;38
B. Reduce overly burdensome and duplicative requirements associated with holding39
multiple licenses;40
C. Enhance the Member States' ability to protect the public's health and safety;41
D. Encourage the cooperation of Member States in regulating multistate practice;42
E. Promote mobility and address workforce shortages by eliminating the necessity for43
licenses in multiple States by providing for the mutual recognition of other Member State44
licenses;45
F. Support military families;46
G. Facilitate the exchange of licensure and disciplinary information among Member States;47
H. Authorize all Member States to hold a Regulated Social Worker accountable for abiding48
by the Member State's laws, regulations, and applicable professional standards in the49
Member State in which the client is located at the time care is rendered; and50
I. Allow for the use of telehealth to facilitate increased access to regulated Social Work51
Services.52
SECTION 2: DEFINITIONS53
As used in this Compact, and except as otherwise provided, the following definitions shall54
apply:55
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A. 'Active Military Member' means any individual in full-time duty status in the active56
armed forces of the United States including members of the National Guard and Reserve.57
B. 'Adverse Action' means any administrative, civil, equitable or criminal action permitted58
by a State's laws which is imposed by a Licensing Authority or other authority against a59
Regulated Social Worker, including actions against an individual's license or Multistate60
Authorization to Practice such as revocation, suspension, probation, monitoring of the61
Licensee, limitation on the Licensee's practice, or any other Encumbrance on licensure62
affecting a Regulated Social Worker's authorization to practice, including issuance of a63
cease and desist action.64
C. 'Alternative Program' means a non-disciplinary monitoring or practice remediation65
process approved by a Licensing Authority to address practitioners with an Impairment.66
D. 'Charter Member States' - Member States who have enacted legislation to adopt this67
Compact where such legislation predates the effective date of this Compact as defined in68
Section 14.69
E. 'Compact Commission' or 'Commission' means the government agency whose70
membership consists of all States that have enacted this Compact, which is known as the71
Social Work Licensure Compact Commission, as defined in Section 10, and which shall72
operate as an instrumentality of the Member States.73
F. 'Current Significant Investigative Information' means:74
1. Investigative information that a Licensing Authority, after a preliminary inquiry that75
includes notification and an opportunity for the Regulated Social Worker to respond has76
reason to believe is not groundless and, if proved true, would indicate more than a minor77
infraction as may be defined by the Commission; or78
2. Investigative information that indicates that the Regulated Social Worker represents79
an immediate threat to public health and safety, as may be defined by the Commission,80
regardless of whether the Regulated Social Worker has been notified and has had an81
opportunity to respond.82
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G. 'Data System' means a repository of information about Licensees, including, but not83
limited to, continuing education, examination, licensure, Current Significant Investigative84
Information, Disqualifying Event, Multistate License(s) and Adverse Action information85
or other information as required by the Commission.86
H. 'Domicile' means the jurisdiction in which the Licensee resides and intends to remain87
indefinitely.88
I. 'Disqualifying Event' means any Adverse Action or incident which results in an89
Encumbrance that disqualifies or makes the Licensee ineligible to either obtain, retain or90
renew a Multistate License.91
J. 'Encumbrance' means a revocation or suspension of, or any limitation on, the full and92
unrestricted practice of Social Work licensed and regulated by a Licensing Authority.93
K. 'Executive Committee' means a group of delegates elected or appointed to act on behalf94
of, and within the powers granted to them by, the compact and Commission.95
L. 'Home State' means the Member State that is the Licensee's primary Domicile.96
M. 'Impairment' means a condition(s) that may impair a practitioner's ability to engage in97
full and unrestricted practice as a Regulated Social Worker without some type of98
intervention and may include, but are not limited to, alcohol and drug dependence, mental99
health impairment, and neurological or physical impairments.100
N. 'Licensee(s)' means an individual who currently holds a license from a State to practice101
as a Regulated Social Worker.102
O. 'Licensing Authority' means the board or agency of a Member State, or equivalent, that103
is responsible for the licensing and regulation of Regulated Social Workers.104
P. 'Member State' means a state, commonwealth, district, or territory of the United States105
of America that has enacted this Compact.106
Q. 'Multistate Authorization to Practice' means a legally authorized privilege to practice,107
which is equivalent to a license, associated with a Multistate License permitting the108
practice of Social Work in a Remote State.109
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R. 'Multistate License' means a license to practice as a Regulated Social Worker issued by110
a Home State Licensing Authority that authorizes the Regulated Social Worker to practice111
in all Member States under Multistate Authorization to Practice.112
S. 'Qualifying National Exam' means a national licensing examination approved by the113
Commission.114
T. 'Regulated Social Worker' means any clinical, master's or bachelor's Social Worker115
licensed by a Member State regardless of the title used by that Member State.116
U. 'Remote State' means a Member State other than the Licensee's Home State.117
V. 'Rule(s)' or 'Rule(s) of the Commission' means a regulation or regulations duly118
promulgated by the Commission, as authorized by the Compact, that has the force of law.119
W. 'Single State License' means a Social Work license issued by any State that authorizes120
practice only within the issuing State and does not include Multistate Authorization to121
Practice in any Member State.122
X. 'Social Work' or 'Social Work Services' means the application of social work theory,123
knowledge, methods, ethics, and the professional use of self to restore or enhance social,124
psychosocial, or biopsychosocial functioning of individuals, couples, families, groups,125
organizations, and communities through the care and services provided by a Regulated126
Social Worker as set forth in the Member State's statutes and regulations in the State where127
the services are being provided.128
Y. 'State' means any state, commonwealth, district, or territory of the United States of129
America that regulates the practice of Social Work.130
Z. 'Unencumbered License' means a license that authorizes a Regulated Social Worker to131
engage in the full and unrestricted practice of Social Work.132
SECTION 3: STATE PARTICIPATION IN THE COMPACT133
A. To be eligible to participate in the compact, a potential Member State must currently134
meet all of the following criteria:135
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1. License and regulate the practice of Social Work at either the clinical, master's, or136
bachelor's category.137
2. Require applicants for licensure to graduate from a program that is:138
a. Operated by a college or university recognized by the Licensing Authority;139
b. Accredited, or in candidacy by an institution that subsequently becomes accredited,140
by an accrediting agency recognized by either:141
i. the Council for Higher Education Accreditation, or its successor; or142
ii. the United States Department of Education; and143
c. Corresponds to the licensure sought as outlined in Section 4.144
3. Require applicants for clinical licensure to complete a period of supervised practice.145
4. Have a mechanism in place for receiving, investigating, and adjudicating complaints146
about Licensees.147
B. To maintain membership in the Compact a Member State shall:148
1. Require applicants for a Multistate License pass a Qualifying National Exam for the149
corresponding category of Multistate License sought as outlined in Section 4;150
2. Participate fully in the Commission's Data System, including using the Commission's151
unique identifier as defined in Rules;152
3. Notify the Commission, in compliance with the terms of the Compact and Rules, of153
any Adverse Action or the availability of Current Significant Investigative Information154
regarding a Licensee;155
4. Implement procedures for considering the criminal history records of applicants for a156
Multistate License. Such procedures shall include the submission of fingerprints or other157
biometric-based information by applicants for the purpose of obtaining an applicant's158
criminal history record information from the Federal Bureau of Investigation and the159
agency responsible for retaining that State's criminal records;160
5. Comply with the Rules of the Commission;161
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6. Require an applicant to obtain or retain a license in the Home State and meet the Home162
State's qualifications for licensure or renewal of licensure, as well as all other applicable163
Home State laws;164
7. Authorize a Licensee holding a Multistate License in any Member State to practice in165
accordance with the terms of the Compact and Rules of the Commission; and166
8. Designate a delegate to participate in the Commission meetings.167
C. A Member State meeting the requirements of Section 3.A. and 3.B of this Compact shall168
designate the categories of Social Work licensure that are eligible for issuance of a169
Multistate License for applicants in such Member State. To the extent that any Member170
State does not meet the requirements for participation in the Compact at any particular171
category of Social Work licensure, such Member State may choose, but is not obligated to,172
issue a Multistate License to applicants that otherwise meet the requirements of Section 4173
for issuance of a Multistate License in such category or categories of licensure.174
D. The Home State may charge a fee for granting the Multistate License.175
SECTION 4: SOCIAL WORKER PARTICIPATION IN THE COMPACT176
A. To be eligible for a Multistate License under the terms and provisions of the Compact,177
an applicant, regardless of category must:178
1. Hold or be eligible for an active, Unencumbered License in the Home State;179
2. Pay any applicable fees, including any State fee, for the Multistate License;180
3. Submit, in connection with an application for a Multistate License, fingerprints or other181
biometric data for the purpose of obtaining criminal history record information from the182
Federal Bureau of Investigation and the agency responsible for retaining that State's183
criminal records;184
4. Notify the Home State of any Adverse Action, Encumbrance, or restriction on any185
professional license taken by any Member State or non-Member State within 30 days186
from the date the action is taken;187
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5. Meet any continuing competence requirements established by the Home State;188
6. Abide by the laws, regulations, and applicable standards in the Member State where189
the client is located at the time care is rendered.190
B. An applicant for a clinical-category Multistate License must meet all of the following191
requirements:192
1. Fulfill a competency requirement, which shall be satisfied by either:193
a. Passage of a clinical-category Qualifying National Exam; or194
b. Licensure of the applicant in their Home State at the clinical category, beginning195
prior to such time as a Qualifying National Exam was required by the Home State and196
accompanied by a period of continuous Social Work licensure thereafter, all of which197
may be further governed by the Rules of the Commission; or198
c. The substantial equivalency of the foregoing competency requirements which the199
Commission may determine by Rule.200
2. Attain at least a master's degree in Social Work from a program that is:201
a. Operated by a college or university recognized by the Licensing Authority; and202
b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting203
agency recognized by either:204
i. the Council for Higher Education Accreditation or its successor; or205
ii. the United States Department of Education.206
3. Fulfill a practice requirement, which shall be satisfied by demonstrating completion207
of either:208
a. A period of postgraduate supervised clinical practice equal to a minimum of three209
thousand hours; or210
b. A minimum of two years of full-time postgraduate supervised clinical practice; or211
c. The substantial equivalency of the foregoing practice requirements which the212
Commission may determine by Rule.213
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C. An applicant for a master's-category Multistate License must meet all of the following214
requirements:215
1. Fulfill a competency requirement, which shall be satisfied by either:216
a. Passage of a masters-category Qualifying National Exam;217
b. Licensure of the applicant in their Home State at the master's category, beginning218
prior to such time as a Qualifying National Exam was required by the Home State at the219
master's category and accompanied by a continuous period of Social Work licensure220
thereafter, all of which may be further governed by the Rules of the Commission; or221
c. The substantial equivalency of the foregoing competency requirements which the222
Commission may determine by Rule.223
2. Attain at least a master's degree in Social Work from a program that is:224
a. Operated by a college or university recognized by the Licensing Authority; and225
b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting226
agency recognized by either:227
i. the Council for Higher Education Accreditation or its successor; or228
ii. the United States Department of Education.229
D. An applicant for a bachelor's-category Multistate License must meet all of the following230
requirements:231
1. Fulfill a competency requirement, which shall be satisfied by either:232
a. Passage of a bachelor's-category Qualifying National Exam;233
b. Licensure of the applicant in their Home State at the bachelor's category, beginning234
prior to such time as a Qualifying National Exam was required by the Home State and235
accompanied by a period of continuous Social Work licensure thereafter, all of which236
may be further governed by the Rules of the Commission; or237
c. The substantial equivalency of the foregoing competency requirements which the238
Commission may determine by Rule.239
2. Attain at least a bachelor's degree in Social Work from a program that is:240
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a. Operated by a college or university recognized by the Licensing Authority; and241
b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting242
agency recognized by either:243
i. the Council for Higher Education Accreditation or its successor; or244
ii. the United States Department of Education.245
E. The Multistate License for a Regulated Social Worker is subject to the renewal246
requirements of the Home State. The Regulated Social Worker must maintain compliance247
with the requirements of Section 4(A).248
F. The Regulated Social Worker's services in a Remote State are subject to that Member249
State's regulatory authority. A Remote State may, in accordance with due process and that250
Member State's laws, remove a Regulated Social Worker's Multistate Authorization to251
Practice in the Remote State for a specific period of time, impose fines, and take any other252
necessary actions to protect the health and safety of its citizens.253
G. If a Multistate License is encumbered, the Regulated Social Worker's Multistate254
Authorization to Practice shall be deactivated in all Remote States until the Multistate255
License is no longer encumbered.256
H. If a Multistate Authorization to Practice is encumbered in a Remote State, the regulated257
Social Worker's Multistate Authorization to Practice may be deactivated in that State until258
the Multistate Authorization to Practice is no longer encumbered.259
SECTION 5: ISSUANCE OF A MULTISTATE LICENSE260
A. Upon receipt of an application for Multistate License, the Home State Licensing261
Authority shall determine the applicant's eligibility for a Multistate License in accordance262
with Section 4 of this Compact.263
B. If such applicant is eligible pursuant to Section 4 of this Compact, the Home State264
Licensing Authority shall issue a Multistate License that authorizes the applicant or265
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Regulated Social Worker to practice in all Member States under a Multistate Authorization266
to Practice.267
C. Upon issuance of a Multistate License, the Home State Licensing Authority shall268
designate whether the Regulated Social Worker holds a Multistate License in the269
Bachelors, Masters, or Clinical category of Social Work.270
D. A Multistate License issued by a Home State to a resident in that State shall be271
recognized by all Compact Member States as authorizing Social Work Practice under a272
Multistate Authorization to Practice corresponding to each category of licensure regulated273
in the Member State.274
SECTION 6: AUTHORITY OF INTERSTATE COMPACT COMMISSION AND275
MEMBER STATE LICENSING AUTHORITIES276
A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,277
restrict, or in any way reduce the ability of a Member State to enact and enforce laws,278
regulations, or other rules related to the practice of Social Work in that State, where those279
laws, regulations, or other rules are not inconsistent with the provisions of this Compact.280
B. Nothing in this Compact shall affect the requirements established by a Member State281
for the issuance of a Single State License.282
C. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,283
restrict, or in any way reduce the ability of a Member State to take Adverse Action against284
a Licensee's Single State License to practice Social Work in that State.285
D. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,286
restrict, or in any way reduce the ability of a Remote State to take Adverse Action against287
a Licensee's Authorization to Practice in that State.288
E. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,289
restrict, or in any way reduce the ability of a Licensee's Home State to take Adverse Action290
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against a Licensee's Multistate License based upon information provided by a Remote291
State.292
SECTION 7: REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STA TE 293
A. A Licensee may hold a Multistate License, issued by their Home State, in only one294
Member State at any given time.295
B. If a Licensee changes their Home State by moving between two Member States:296
1. The Licensee shall immediately apply for the reissuance of their Multistate License in297
their new Home State. The Licensee shall pay all applicable fees and notify the prior298
Home State in accordance with the Rules of the Commission.299
2. Upon receipt of an application to reissue a Multistate License, the new Home State300
shall verify that the Multistate License is active, unencumbered and eligible for301
reissuance under the terms of the Compact and the Rules of the Commission. The302
Multistate License issued by the prior Home State will be deactivated and all Member303
States notified in accordance with the applicable Rules adopted by the Commission.304
3. Prior to the reissuance of the Multistate License, the new Home State shall conduct305
procedures for considering the criminal history records of the Licensee. Such procedures306
shall include the submission of fingerprints or other biometric-based information by307
applicants for the purpose of obtaining an applicant's criminal history record information308
from the Federal Bureau of Investigation and the agency responsible for retaining that309
State's criminal records.310
4. If required for initial licensure, the new Home State may require completion of311
jurisprudence requirements in the new Home State.312
5. Notwithstanding any other provision of this Compact, if a Licensee does not meet the313
requirements set forth in this Compact for the reissuance of a Multistate License by the314
new Home State, then the Licensee shall be subject to the new Home State requirements315
for the issuance of a Single State License in that State.316
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C. If a Licensee changes their primary State of residence by moving from a Member State317
to a non-Member State, or from a non-Member State to a Member State, then the Licensee318
shall be subject to the State requirements for the issuance of a Single State License in the319
new Home State.320
D. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single State321
License in multiple States; however, for the purposes of this Compact, a Licensee shall322
have only one Home State, and only one Multistate License.323
E. Nothing in this Compact shall interfere with the requirements established by a Member324
State for the issuance of a Single State License.325
SECTION 8: MILITARY FAMILIES 326
An Active Military Member or their spouse shall designate a Home State where the327
individual has a Multistate License. The individual may retain their Home State designation328
during the period the service member is on active duty.329
SECTION 9: ADVERSE ACTIONS330
A. In addition to the other powers conferred by State law, a Remote State shall have the331
authority, in accordance with existing State due process law, to:332
1. Take Adverse Action against a Regulated Social Worker's Multistate Authorization to333
Practice only within that Member State, and issue subpoenas for both hearings and334
investigations that require the attendance and testimony of witnesses as well as the335
production of evidence. Subpoenas issued by a Licensing Authority in a Member State336
for the attendance and testimony of witnesses or the production of evidence from another337
Member State shall be enforced in the latter State by any court of competent jurisdiction,338
according to the practice and procedure of that court applicable to subpoenas issued in339
proceedings pending before it. The issuing authority shall pay any witness fees, travel340
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expenses, mileage, and other fees required by the service statutes of the State in which341
the witnesses or evidence are located.342
2. Only the Home State shall have the power to take Adverse Action against a Regulated343
Social Worker's Multistate License.344
B. For purposes of taking Adverse Action, the Home State shall give the same priority and345
effect to reported conduct received from a Member State as it would if the conduct had346
occurred within the Home State. In so doing, the Home State shall apply its own State laws347
to determine appropriate action.348
C. The Home State shall complete any pending investigations of a Regulated Social349
Worker who changes their Home State during the course of the investigations. The Home350
State shall also have the authority to take appropriate action(s) and shall promptly report351
the conclusions of the investigations to the administrator of the Data System. The352
administrator of the Data System shall promptly notify the new Home State of any Adverse353
Actions.354
D. A Member State, if otherwise permitted by State law, may recover from the affected355
Regulated Social Worker the costs of investigations and dispositions of cases resulting356
from any Adverse Action taken against that Regulated Social Worker.357
E. A Member State may take Adverse Action based on the factual findings of another358
Member State, provided that the Member State follows its own procedures for taking the359
Adverse Action.360
F. Joint Investigations:361
1. In addition to the authority granted to a Member State by its respective Social Work362
practice act or other applicable State law, any Member State may participate with other363
Member States in joint investigations of Licensees.364
2. Member States shall share any investigative, litigation, or compliance materials in365
furtherance of any joint or individual investigation initiated under the Compact.366
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G. If Adverse Action is taken by the Home State against the Multistate License of a367
Regulated Social Worker, the Regulated Social Worker's Multistate Authorization to368
Practice in all other Member States shall be deactivated until all Encumbrances have been369
removed from the Multistate License. All Home State disciplinary orders that impose370
Adverse Action against the license of a Regulated Social Worker shall include a statement371
that the Regulated Social Worker's Multistate Authorization to Practice is deactivated in372
all Member States until all conditions of the decision, order or agreement are satisfied.373
H. If a Member State takes Adverse Action, it shall promptly notify the administrator of374
the Data System. The administrator of the Data System shall promptly notify the Home375
State and all other Member State's of any Adverse Actions by Remote States.376
I. Nothing in this Compact shall override a Member State's decision that participation in377
an Alternative Program may be used in lieu of Adverse Action. Nothing in this Compact378
shall authorize a Member State to demand the issuance of subpoenas for attendance and379
testimony of witnesses or the production of evidence from another Member State for lawful380
actions within that Member State.381
J. Nothing in this Compact shall authorize a Member State to impose discipline against a382
Regulated Social Worker who holds a Multistate Authorization to Practice for lawful383
actions within another Member State.384
SECTION 10: ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT385
COMMISSION386
A. The Compact Member States hereby create and establish a joint government agency387
whose membership consists of all Member States that have enacted the compact known as388
the Social Work Licensure Compact Commission. The Commission is an instrumentality389
of the Compact States acting jointly and not an instrumentality of any one State. The390
Commission shall come into existence on or after the effective date of the Compact as set391
forth in Section 14.392
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B. Membership, Voting, and Meetings393
1. Each Member State shall have and be limited to one (1) delegate selected by that394
Member State's State Licensing Authority.395
2. The delegate shall be either:396
a. A current member of the State Licensing Authority at the time of appointment, who397
is a Regulated Social Worker or public member of the State Licensing Authority; or398
b. An administrator of the State Licensing Authority or their designee.399
3. The Commission shall by Rule or bylaw establish a term of office for delegates and400
may by Rule or bylaw establish term limits.401
4. The Commission may recommend removal or suspension of any delegate from office.402
5. A Member State's State Licensing Authority shall fill any vacancy of its delegate403
occurring on the Commission within 60 days of the vacancy.404
6. Each delegate shall be entitled to one vote on all matters before the Commission405
requiring a vote by Commission delegates.406
7. A delegate shall vote in person or by such other means as provided in the bylaws. The407
bylaws may provide for delegates to meet by telecommunication, videoconference, or408
other means of communication.409
8. The Commission shall meet at least once during each calendar year. Additional410
meetings may be held as set forth in the bylaws. The Commission may meet by411
telecommunication, video conference or other similar electronic means.412
C. The Commission shall have the following powers:413
1. Establish the fiscal year of the Commission;414
2. Establish code of conduct and conflict of interest policies;415
3. Establish and amend Rules and bylaws;416
4. Maintain its financial records in accordance with the bylaws;417
5. Meet and take such actions as are consistent with the provisions of this Compact, the418
Commission's Rules, and the bylaws;419
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6. Initiate and conclude legal proceedings or actions in the name of the Commission,420
provided that the standing of any State Licensing Board to sue or be sued under421
applicable law shall not be affected;422
7. Maintain and certify records and information provided to a Member State as the423
authenticated business records of the Commission, and designate an agent to do so on the424
Commission's behalf;425
8. Purchase and maintain insurance and bonds;426
9. Borrow, accept, or contract for services of personnel, including, but not limited to,427
employees of a Member State;428
10. Conduct an annual financial review;429
11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such430
individuals appropriate authority to carry out the purposes of the Compact, and establish431
the Commission's personnel policies and programs relating to conflicts of interest,432
qualifications of personnel, and other related personnel matters;433
12. Assess and collect fees;434
13. Accept any and all appropriate gifts, donations, grants of money, other sources of435
revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose436
of the same; provided that at all times the Commission shall avoid any appearance of437
impropriety or conflict of interest;438
14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or439
mixed, or any undivided interest therein;440
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any441
property real, personal, or mixed;442
16. Establish a budget and make expenditures;443
17. Borrow money;444
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18. Appoint committees, including standing committees, composed of members, State445
regulators, State legislators or their representatives, and consumer representatives, and446
such other interested persons as may be designated in this Compact and the bylaws;447
19. Provide and receive information from, and cooperate with, law enforcement agencies;448
20. Establish and elect an Executive Committee, including a chair and a vice chair;449
21. Determine whether a State's adopted language is materially different from the model450
compact language such that the State would not qualify for participation in the Compact;451
and452
22. Perform such other functions as may be necessary or appropriate to achieve the453
purposes of this Compact.454
D. The Executive Committee455
1. The Executive Committee shall have the power to act on behalf of the Commission456
according to the terms of this Compact. The powers, duties, and responsibilities of the457
Executive Committee shall include:458
a. Oversee the day-to-day activities of the administration of the compact including459
enforcement and compliance with the provisions of the compact, its Rules and bylaws,460
and other such duties as deemed necessary;461
b. Recommend to the Commission changes to the Rules or bylaws, changes to this462
Compact legislation, fees charged to Compact Member States, fees charged to463
Licensees, and other fees;464
c. Ensure Compact administration services are appropriately provided, including by465
contract; 466
d. Prepare and recommend the budget;467
e. Maintain financial records on behalf of the Commission;468
f. Monitor Compact compliance of Member States and provide compliance reports to469
the Commission;470
g. Establish additional committees as necessary;471
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h. Exercise the powers and duties of the Commission during the interim between472
Commission meetings, except for adopting or amending Rules, adopting or amending473
bylaws, and exercising any other powers and duties expressly reserved to the474
Commission by Rule or bylaw; and475
i. Other duties as provided in the Rules or bylaws of the Commission.476
2. The Executive Committee shall be composed of up to eleven (11) members:477
a. The chair and vice chair of the Commission shall be voting members of the478
Executive Committee.479
b. The Commission shall elect five voting members from the current membership of the480
Commission.481
c. Up to four (4) ex-officio, nonvoting members from four (4) recognized national482
Social Work organizations.483
d. The ex-officio members will be selected by their respective organizations.484
3. The Commission may remove any member of the Executive Committee as provided485
in the Commission's bylaws.486
4. The Executive Committee shall meet at least annually.487
a. Executive Committee meetings shall be open to the public, except that the Executive488
Committee may meet in a closed, non-public meeting as provided in subsection F.2489
below.490
b. The Executive Committee shall give seven (7) days' notice of its meetings, posted491
on its website and as determined to provide notice to persons with an interest in the492
business of the Commission.493
c. The Executive Committee may hold a special meeting in accordance with subsection494
F.1.b. below.495
E. The Commission shall adopt and provide to the Member States an annual report.496
F. Meetings of the Commission497
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1. All meetings shall be open to the public, except that the Commission may meet in a498
closed, non-public meeting as provided in subsection F.2 below.499
a. Public notice for all meetings of the full Commission of meetings shall be given in500
the same manner as required under the Rulemaking provisions in Section 12, except501
that the Commission may hold a special meeting as provided in subsection F.1.b below.502
b. The Commission may hold a special meeting when it must meet to conduct503
emergency business by giving 48 hours' notice to all commissioners, on the504
Commission's website, and other means as provided in the Commission's Rules. The505
Commission's legal counsel shall certify that the Commission's need to meet qualifies506
as an emergency.507
2. The Commission or the Executive Committee or other committees of the Commission508
may convene in a closed, non-public meeting for the Commission or Executive509
Committee or other committees of the Commission to receive legal advice or to discuss:510
a. Non-compliance of a Member State with its obligations under the Compact;511
b. The employment, compensation, discipline or other matters, practices or procedures512
related to specific employees;513
c. Current or threatened discipline of a Licensee by the Commission or by a Member514
State's Licensing Authority;515
d. Current, threatened, or reasonably anticipated litigation;516
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real517
estate; 518
f. Accusing any person of a crime or formally censuring any person;519
g. Trade secrets or commercial or financial information that is privileged or520
confidential;521
h. Information of a personal nature where disclosure would constitute a clearly522
unwarranted invasion of personal privacy;523
i. Investigative records compiled for law enforcement purposes;524
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j. Information related to any investigative reports prepared by or on behalf of or for use525
of the Commission or other committee charged with responsibility of investigation or526
determination of compliance issues pursuant to the Compact;527
k. Matters specifically exempted from disclosure by federal or Member State law; or528
l. Other matters as promulgated by the Commission by Rule.529
3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the530
meeting will be closed and reference each relevant exempting provision, and such531
reference shall be recorded in the minutes.532
4. The Commission shall keep minutes that fully and clearly describe all matters533
discussed in a meeting and shall provide a full and accurate summary of actions taken,534
and the reasons therefore, including a description of the views expressed. All documents535
considered in connection with an action shall be identified in such minutes. All minutes536
and documents of a closed meeting shall remain under seal, subject to release only by a537
majority vote of the Commission or order of a court of competent jurisdiction.538
G. Financing of the Commission539
1. The Commission shall pay, or provide for the payment of, the reasonable expenses of540
its establishment, organization, and ongoing activities.541
2. The Commission may accept any and all appropriate revenue sources as provided in542
subsection C(13).543
3. The Commission may levy on and collect an annual assessment from each Member544
State and impose fees on Licensees of Member States to whom it grants a Multistate545
License to cover the cost of the operations and activities of the Commission and its staff,546
which must be in a total amount sufficient to cover its annual budget as approved each547
year for which revenue is not provided by other sources. The aggregate annual548
assessment amount for Member States shall be allocated based upon a formula that the549
Commission shall promulgate by Rule.550
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4. The Commission shall not incur obligations of any kind prior to securing the funds551
adequate to meet the same; nor shall the Commission pledge the credit of any of the552
Member States, except by and with the authority of the Member State.553
5. The Commission shall keep accurate accounts of all receipts and disbursements. The554
receipts and disbursements of the Commission shall be subject to the financial review and555
accounting procedures established under its bylaws. However, all receipts and556
disbursements of funds handled by the Commission shall be subject to an annual financial557
review by a certified or licensed public accountant, and the report of the financial review558
shall be included in and become part of the annual report of the Commission.559
H. Qualified Immunity, Defense, and Indemnification560
1. The members, officers, executive director, employees and representatives of the561
Commission shall be immune from suit and liability, both personally and in their official562
capacity, for any claim for damage to or loss of property or personal injury or other civil563
liability caused by or arising out of any actual or alleged act, error, or omission that564
occurred, or that the person against whom the claim is made had a reasonable basis for565
believing occurred within the scope of Commission employment, duties or566
responsibilities; provided that nothing in this paragraph shall be construed to protect any567
such person from suit or liability for any damage, loss, injury, or liability caused by the568
intentional or willful or wanton misconduct of that person. The procurement of insurance569
of any type by the Commission shall not in any way compromise or limit the immunity570
granted hereunder.571
2. The Commission shall defend any member, officer, executive director, employee, and572
representative of the Commission in any civil action seeking to impose liability arising573
out of any actual or alleged act, error, or omission that occurred within the scope of574
Commission employment, duties, or responsibilities, or as determined by the Commission575
that the person against whom the claim is made had a reasonable basis for believing576
occurred within the scope of Commission employment, duties, or responsibilities;577
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provided that nothing herein shall be construed to prohibit that person from retaining their578
own counsel at their own expense; and provided further, that the actual or alleged act,579
error, or omission did not result from that person's intentional or willful or wanton580
misconduct.581
3. The Commission shall indemnify and hold harmless any member, officer, executive582
director, employee, and representative of the Commission for the amount of any583
settlement or judgment obtained against that person arising out of any actual or alleged584
act, error, or omission that occurred within the scope of Commission employment, duties,585
or responsibilities, or that such person had a reasonable basis for believing occurred586
within the scope of Commission employment, duties, or responsibilities, provided that587
the actual or alleged act, error, or omission did not result from the intentional or willful588
or wanton misconduct of that person.589
4. Nothing herein shall be construed as a limitation on the liability of any Licensee for590
professional malpractice or misconduct, which shall be governed solely by any other591
applicable State laws.592
5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member593
State's state action immunity or state action affirmative defense with respect to antitrust594
claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or595
anticompetitive law or regulation.596
6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by597
the Member States or by the Commission.598
SECTION 11: DATA SYSTEM599
A. The Commission shall provide for the development, maintenance, operation, and600
utilization of a coordinated database and reporting system containing licensure, Adverse601
Action, and the presence of Current Significant Investigative Information on all licensed602
individuals in Member States.603
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B. The Commission shall assign each applicant for a Multistate License a unique identifier,604
as determined by the Rules of the Commission.605
C. Notwithstanding any other provision of State law to the contrary, a Member State shall606
submit a uniform data set to the Data System on all individuals to whom this Compact is607
applicable as required by the Rules of the Commission, including:608
1. Identifying information;609
2. Licensure data;610
3. Adverse Actions against a license and information related thereto;611
4. Non-confidential information related to Alternative Program participation, the612
beginning and ending dates of such participation, and other information related to such613
participation not made confidential under Member State law;614
5. Any denial of application for licensure, and the reason(s) for such denial;615
6. The presence of Current Significant Investigative Information; and616
7. Other information that may facilitate the administration of this Compact or the617
protection of the public, as determined by the Rules of the Commission.618
D. The records and information provided to a Member State pursuant to this Compact or619
through the Data System, when certified by the Commission or an agent thereof, shall620
constitute the authenticated business records of the Commission, and shall be entitled to621
any associated hearsay exception in any relevant judicial, quasi-judicial or administrative622
proceedings in a Member State.623
E. Current Significant Investigative Information pertaining to a Licensee in any Member624
State will only be available to other Member States.625
1. It is the responsibility of the Member States to report any Adverse Action against a626
Licensee and to monitor the database to determine whether Adverse Action has been627
taken against a Licensee. Adverse Action information pertaining to a Licensee in any628
Member State will be available to any other Member State.629
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F. Member States contributing information to the Data System may designate information630
that may not be shared with the public without the express permission of the contributing631
State.632
G. Any information submitted to the Data System that is subsequently expunged pursuant633
to federal law or the laws of the Member State contributing the information shall be634
removed from the Data System.635
SECTION 12: RULEMAKING636
A. The Commission shall promulgate reasonable Rules in order to effectively and637
efficiently implement and administer the purposes and provisions of the Compact. A Rule638
shall be invalid and have no force or effect only if a court of competent jurisdiction holds639
that the Rule is invalid because the Commission exercised its rulemaking authority in a640
manner that is beyond the scope and purposes of the Compact, or the powers granted641
hereunder, or based upon another applicable standard of review.642
B. The Rules of the Commission shall have the force of law in each Member State,643
provided however that where the Rules of the Commission conflict with the laws of the644
Member State that establish the Member State's laws, regulations, and applicable standards645
as held by a court of competent jurisdiction, the Rules of the Commission shall be646
ineffective in that State to the extent of the conflict.647
C. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth648
in this Section and the Rules adopted thereunder. Rules shall become binding on the day649
following adoption or the date specified in the rule or amendment, whichever is later.650
D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule,651
by enactment of a statute or resolution in the same manner used to adopt the Compact652
within four (4) years of the date of adoption of the Rule, then such Rule shall have no653
further force and effect in any Member State.654
E. Rules shall be adopted at a regular or special meeting of the Commission.655
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F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and656
allow persons to provide oral and written comments, data, facts, opinions, and arguments. 657
G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days658
in advance of the meeting at which the Commission will hold a public hearing on the659
proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:660
1. On the website of the Commission or other publicly accessible platform;661
2. To persons who have requested notice of the Commission's notices of proposed662
rulemaking, and663
3. In such other way(s) as the Commission may by Rule specify.664
H. The Notice of Proposed Rulemaking shall include:665
1. The time, date, and location of the public hearing at which the Commission will hear666
public comments on the proposed Rule and, if different, the time, date, and location of667
the meeting where the Commission will consider and vote on the proposed Rule;668
2. If the hearing is held via telecommunication, video conference, or other electronic669
means, the Commission shall include the mechanism for access to the hearing in the670
Notice of Proposed Rulemaking;671
3. The text of the proposed Rule and the reason therefor;672
4. A request for comments on the proposed Rule from any interested person; and673
5. The manner in which interested persons may submit written comments.674
I. All hearings will be recorded. A copy of the recording and all written comments and675
documents received by the Commission in response to the proposed Rule shall be available676
to the public.677
J. Nothing in this section shall be construed as requiring a separate hearing on each Rule.678
Rules may be grouped for the convenience of the Commission at hearings required by this679
section.680
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K. The Commission shall, by majority vote of all members, take final action on the681
proposed Rule based on the Rulemaking record and the full text of the Rule.682
1. The Commission may adopt changes to the proposed Rule provided the changes do not683
enlarge the original purpose of the proposed Rule.684
2. The Commission shall provide an explanation of the reasons for substantive changes685
made to the proposed Rule as well as reasons for substantive changes not made that were686
recommended by commenters.687
3. The Commission shall determine a reasonable effective date for the Rule. Except for688
an emergency as provided in Section 12.L, the effective date of the rule shall be no689
sooner than 30 days after issuing the notice that it adopted or amended the Rule.690
L. Upon determination that an emergency exists, the Commission may consider and adopt691
an emergency Rule with 48 hours' notice, with opportunity to comment, provided that the692
usual Rulemaking procedures provided in the Compact and in this section shall be693
retroactively applied to the Rule as soon as reasonably possible, in no event later than694
ninety (90) days after the effective date of the Rule. For the purposes of this provision, an695
emergency Rule is one that must be adopted immediately in order to:696
1. Meet an imminent threat to public health, safety, or welfare;697
2. Prevent a loss of Commission or Member State funds;698
3. Meet a deadline for the promulgation of a Rule that is established by federal law or699
rule; or700
4. Protect public health and safety.701
M. The Commission or an authorized committee of the Commission may direct revisions702
to a previously adopted Rule for purposes of correcting typographical errors, errors in703
format, errors in consistency, or grammatical errors. Public notice of any revisions shall be704
posted on the website of the Commission. The revision shall be subject to challenge by any705
person for a period of thirty (30) days after posting. The revision may be challenged only706
on grounds that the revision results in a material change to a Rule. A challenge shall be707
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made in writing and delivered to the Commission prior to the end of the notice period. If708
no challenge is made, the revision will take effect without further action. If the revision is709
challenged, the revision may not take effect without the approval of the Commission.710
N. No Member State's rulemaking requirements shall apply under this compact.711
SECTION 13: OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT712
A. Oversight713
1. The executive and judicial branches of State government in each Member State shall714
enforce this Compact and take all actions necessary and appropriate to implement the715
Compact.716
2. Except as otherwise provided in this Compact, venue is proper and judicial717
proceedings by or against the Commission shall be brought solely and exclusively in a718
court of competent jurisdiction where the principal office of the Commission is located.719
The Commission may waive venue and jurisdictional defenses to the extent it adopts or720
consents to participate in alternative dispute resolution proceedings. Nothing herein shall721
affect or limit the selection or propriety of venue in any action against a Licensee for722
professional malpractice, misconduct or any such similar matter.723
3. The Commission shall be entitled to receive service of process in any proceeding724
regarding the enforcement or interpretation of the Compact and shall have standing to725
intervene in such a proceeding for all purposes. Failure to provide the Commission726
service of process shall render a judgment or order void as to the Commission, this727
Compact, or promulgated Rules.728
B. Default, Technical Assistance, and Termination729
1. If the Commission determines that a Member State has defaulted in the performance730
of its obligations or responsibilities under this Compact or the promulgated Rules, the731
Commission shall provide written notice to the defaulting State. The notice of default732
shall describe the default, the proposed means of curing the default, and any other action733
H. B. 839 (SUB)
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that the Commission may take, and shall offer training and specific technical assistance734
regarding the default.735
2. The Commission shall provide a copy of the notice of default to the other Member736
States.737
C. If a State in default fails to cure the default, the defaulting State may be terminated from738
the Compact upon an affirmative vote of a majority of the delegates of the Member States,739
and all rights, privileges and benefits conferred on that State by this Compact may be740
terminated on the effective date of termination. A cure of the default does not relieve the741
offending State of obligations or liabilities incurred during the period of default.742
D. Termination of membership in the Compact shall be imposed only after all other means743
of securing compliance have been exhausted. Notice of intent to suspend or terminate shall744
be given by the Commission to the governor, the majority and minority leaders of the745
defaulting State's legislature, the defaulting State's State Licensing Authority and each of746
the Member States' State Licensing Authority.747
E. A State that has been terminated is responsible for all assessments, obligations, and748
liabilities incurred through the effective date of termination, including obligations that749
extend beyond the effective date of termination.750
F. Upon the termination of a State's membership from this Compact, that State shall751
immediately provide notice to all Licensees within that State of such termination. The752
terminated State shall continue to recognize all licenses granted pursuant to this Compact753
for a minimum of six (6) months after the date of said notice of termination.754
G. The Commission shall not bear any costs related to a State that is found to be in default755
or that has been terminated from the Compact, unless agreed upon in writing between the756
Commission and the defaulting State.757
H. The defaulting State may appeal the action of the Commission by petitioning the U.S.758
District Court for the District of Columbia or the federal district where the Commission has759
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its principal offices. The prevailing party shall be awarded all costs of such litigation,760
including reasonable attorney's fees.761
I. Dispute Resolution762
1. Upon request by a Member State, the Commission shall attempt to resolve disputes763
related to the Compact that arise among Member States and between Member and764
non-Member States.765
2. The Commission shall promulgate a Rule providing for both mediation and binding766
dispute resolution for disputes as appropriate.767
J. Enforcement768
1. By majority vote as provided by Rule, the Commission may initiate legal action against769
a Member State in default in the United States District Court for the District of Columbia770
or the federal district where the Commission has its principal offices to enforce771
compliance with the provisions of the Compact and its promulgated Rules. The relief772
sought may include both injunctive relief and damages. In the event judicial enforcement773
is necessary, the prevailing party shall be awarded all costs of such litigation, including774
reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the775
Commission. The Commission may pursue any other remedies available under federal776
or the defaulting Member State's law.777
2. A Member State may initiate legal action against the Commission in the U.S. District778
Court for the District of Columbia or the federal district where the Commission has its779
principal offices to enforce compliance with the provisions of the Compact and its780
promulgated Rules. The relief sought may include both injunctive relief and damages. In781
the event judicial enforcement is necessary, the prevailing party shall be awarded all costs782
of such litigation, including reasonable attorney's fees.783
3. No person other than a Member State shall enforce this compact against the784
Commission.785
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SECTION 14: EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT786
A. The Compact shall come into effect on the date on which the Compact statute is enacted787
into law in the seventh Member State.788
1. On or after the effective date of the Compact, the Commission shall convene and789
review the enactment of each of the first seven Member States ('Charter Member States')790
to determine if the statute enacted by each such Charter Member State is materially791
different than the model Compact statute.792
a. A Charter Member State whose enactment is found to be materially different from793
the model Compact statute shall be entitled to the default process set forth in794
Section 13.795
b. If any Member State is later found to be in default, or is terminated or withdraws796
from the Compact, the Commission shall remain in existence and the Compact shall797
remain in effect even if the number of Member States should be less than seven.798
2. Member States enacting the Compact subsequent to the seven initial Charter Member799
States shall be subject to the process set forth in Section 10(C)(21) to determine if their800
enactments are materially different from the model Compact statute and whether they801
qualify for participation in the Compact.802
3. All actions taken for the benefit of the Commission or in furtherance of the purposes803
of the administration of the Compact prior to the effective date of the Compact or the804
Commission coming into existence shall be considered to be actions of the Commission805
unless specifically repudiated by the Commission.806
4. Any State that joins the Compact subsequent to the Commission's initial adoption of807
the Rules and bylaws shall be subject to the Rules and bylaws as they exist on the date808
on which the Compact becomes law in that State. Any Rule that has been previously809
adopted by the Commission shall have the full force and effect of law on the day the810
Compact becomes law in that State.811
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B. Any Member State may withdraw from this Compact by enacting a statute repealing the812
same.813
1. A Member State's withdrawal shall not take effect until 180 days after enactment of814
the repealing statute.815
2. Withdrawal shall not affect the continuing requirement of the withdrawing State's816
Licensing Authority to comply with the investigative and Adverse Action reporting817
requirements of this Compact prior to the effective date of withdrawal.818
3. Upon the enactment of a statute withdrawing from this compact, a State shall819
immediately provide notice of such withdrawal to all Licensees within that State.820
Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing821
State shall continue to recognize all licenses granted pursuant to this compact for a822
minimum of six (6) months after the date of such notice of withdrawal.823
C. Nothing contained in this Compact shall be construed to invalidate or prevent any824
licensure agreement or other cooperative arrangement between a Member State and a825
non-Member State that does not conflict with the provisions of this Compact.826
D. This Compact may be amended by the Member States. No amendment to this Compact827
shall become effective and binding upon any Member State until it is enacted into the laws828
of all Member States.829
SECTION 15: CONSTRUCTION AND SEVERABILITY830
A. This Compact and the Commission's rulemaking authority shall be liberally construed831
so as to effectuate the purposes, and the implementation and administration of the832
Compact. Provisions of the Compact expressly authorizing or requiring the promulgation833
of Rules shall not be construed to limit the Commission's rulemaking authority solely for834
those purposes.835
B. The provisions of this Compact shall be severable and if any phrase, clause, sentence836
or provision of this Compact is held by a court of competent jurisdiction to be contrary to837
H. B. 839 (SUB)
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the constitution of any Member State, a State seeking participation in the Compact, or of838
the United States, or the applicability thereof to any government, agency, person or839
circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity840
of the remainder of this Compact and the applicability thereof to any other government,841
agency, person or circumstance shall not be affected thereby.842
C. Notwithstanding subsection B of this section, the Commission may deny a State's843
participation in the Compact or, in accordance with the requirements of Section 13.B,844
terminate a Member State's participation in the Compact, if it determines that a845
constitutional requirement of a Member State is a material departure from the Compact.846
Otherwise, if this Compact shall be held to be contrary to the constitution of any Member847
State, the Compact shall remain in full force and effect as to the remaining Member States848
and in full force and effect as to the Member State affected as to all severable matters.849
SECTION 16: CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAW S 850
A. A Licensee providing services in a Remote State under a Multistate Authorization to851
Practice shall adhere to the laws and regulations, including laws, regulations, and852
applicable standards, of the Remote State where the client is located at the time care is853
rendered.854
B. Nothing herein shall prevent or inhibit the enforcement of any other law of a Member855
State that is not inconsistent with the Compact.856
C. Any laws, statutes, regulations, or other legal requirements in a Member State in conflict857
with the Compact are superseded to the extent of the conflict.858
D. All permissible agreements between the Commission and the Member States are binding859
in accordance with their terms."860
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PART II861
SECTION 2-1.862
Said title is further amended by revising paragraph (6) of Code Section 43-24A-3, relating863
to definitions, as follows:864
"(6)  'License' means a valid and current certificate of registration issued by the board865
pursuant to this chapter to practice massage therapy or a multistate license issued866
pursuant to the Interstate Massage Compact contained in Article 3 of this chapter."867
SECTION 2-2.868
Said title is further amended in Code Section 43-24A-7, relating to the powers of the Georgia869
Board of Massage Therapy, by revising subsection (b) and adding a new subsection to read870
as follows:871
"(b)  The board shall have the power to:872
(1)  Examine and determine the qualifications and fitness of applicants for licenses to873
practice massage therapy in this state;874
(2)  Issue, renew, refuse to renew, deny, suspend, or revoke licenses to practice massage875
therapy in this state or otherwise discipline licensed massage therapists;876
(3)  Conduct investigations for the purpose of discovering violations of this chapter or877
grounds for disciplining persons or entities acting in violation of this chapter;878
(4) Upon reasonable notice, request on-site inspections of the facility, equipment,879
policies, and practices of a massage therapy business or board recognized massage880
therapy educational program by appropriate inspectors in the Office of the Secretary of881
State for the purpose of determining compliance with the standards established pursuant882
to this chapter;883
(5)  Hold hearings on all matters properly brought before the board and, in conjunction884
therewith, to administer oaths, receive evidence, make the necessary determinations, and885
H. B. 839 (SUB)
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enter orders consistent with the findings.  The board may designate one or more of its886
members as its hearing officer;887
(6)  Adopt, revise, and enforce rules concerning advertising by licensees including, but888
not limited to, rules to prohibit false, misleading, or deceptive practices;889
(7)  Periodically evaluate board recognized massage therapy educational programs and890
license such programs that meet the board's requirements;891
(8)  Develop and enforce standards for continuing education courses required of licensed892
massage therapists which may include courses in massage therapy or any of the893
modalities described in paragraphs (5) through (8) of subsection (a) of Code Section894
43-24A-19;895
(9) Develop and enforce reasonable and uniform standards for massage therapy896
educational programs and massage therapy practice;897
(10) Deny or withdraw recognition of noncompliant massage therapy educational898
programs that do not meet standards established pursuant to this chapter;899
(11) Appoint standing or ad hoc committees as necessary to inform and make900
recommendations to the board about issues and concerns of the massage therapy901
profession and to facilitate communication amongst the board, licensees under this902
chapter, and the community, which may include nonmembers of the board;903
(12)  Collect and publish data regarding existing massage therapy resources in Georgia904
without violation of any state or federal privacy laws and coordinate planning for board905
recognized massage therapy educational programs and practice;906
(13)  Adopt an official seal; and907
(14)  Bring proceedings to the courts for the enforcement of this chapter or any rules and908
regulations promulgated pursuant to this chapter; and909
(15)  Administer the Interstate Massage Compact contained in Article 3 of this chapter."910
"(d)  Beginning July 1, 2025, any license issued by the board shall include a photograph of911
the licensee."912
H. B. 839 (SUB)
- 36 - 24 LC 36 5789S
SECTION 2-3.913
Said title is further amended by revising paragraph (6) of subsection (b) of Code Section914
43-24A-8, relating to licensure of massage therapists, application and requirements, as915
follows:916
"(6)  The applicant has completed successfully a board recognized massage therapy917
educational program consisting of a minimum of 500 625 hours of course and clinical918
work;"919
SECTION 2-4.920
Said title is further amended by revising subsection (a) of Code Section 43-24A-19, relating921
to exceptions, as follows:922
"(a)  Nothing in this chapter shall be construed to affect, restrict, or prevent the practice,923
services, or activities of:924
(1)  A person licensed, registered, or certified under any other chapter or article under925
Title 43 while engaged in the professional or trade practices properly conducted under926
authority of such other licensing laws, provided that such person shall not use the title of927
massage therapist;928
(2)  A person pursuing a course of study leading to a degree or certificate as a massage929
therapist in a board recognized massage therapy educational program if such person is930
designated by title indicating student status and is fulfilling uncompensated work931
experiences required for the attainment of the degree or certificate;932
(3)  A nonresident person rendering massage therapy up to 60 days during a 12 month933
period for treatment of a temporary sojourner only, provided that such nonresident934
massage therapist holds a license, registration, or certification from another state,935
jurisdiction, or country if the requirements as determined by the board for licensure,936
registration, or certification are substantially equal to the requirements contained in this937
H. B. 839 (SUB)
- 37 - 24 LC 36 5789S
chapter or provided that such nonresident massage therapist is currently nationally938
certified in therapeutic massage and bodywork;939
(4)  A person duly licensed, registered, or certified in another jurisdiction, state, territory,940
or a foreign country when incidentally in this state to provide service as part of an941
emergency response team working in conjunction with disaster relief officials or as part942
of a charity event with which he or she comes into the state;943
(5)  A person who restricts his or her practice to the manipulation of the soft tissue of the944
human body to hands, feet, or ears who does not have the client disrobe and does not hold945
himself or herself out as a massage therapist; or946
(6)  A person who uses touch, words, and directed movement to deepen awareness of947
existing patterns of movement in the body as well as to suggest new possibilities of948
movement while engaged within the scope of practice of a profession with established949
standards and ethics, provided that his or her services are not designated or implied to be950
massage or massage therapy;951
(7)  A person who uses touch and movement education to effect change in the structure952
of the body while engaged in the practice of structural integration, provided that he or she953
is a member of, or whose training would qualify for membership in, the International954
Association of Structural Integrators and provided that his or her services are not955
designated or implied to be massage or massage therapy;956
(8)  A person who uses touch to affect the energy systems, polarity, acupoints, or Qi957
meridians, also known as channels of energy, of the human body while engaged within958
the scope of practice of a profession with established standards and ethics, provided that959
his or her services are not designated or implied to be massage or massage therapy;960
(9)  A person who was engaged in massage therapy practice prior to July 1, 2005;961
provided, however, that the prohibition of subsection (c) of Code Section 43-24A-15 shall962
apply to such a person on and after July 1, 2007; or963
H. B. 839 (SUB)
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(10)(6) A person licensed under other chapters of this title providing cupping therapy or964
taping techniques that are authorized within the scope of practice of such person."965
SECTION 2-5.966
Said title is further amended by revising subsection (a) of Code Section 43-24A-20, relating967
to continuing education requirements, as follows:968
"(a)  The board shall establish continuing education requirements not to exceed 25 hours969
per biennium in massage therapy, its complementary methods as defined by the board, or970
any of the modalities described in paragraphs (5) through (8) of subsection (a) of Code971
Section 43-24A-19.  The board shall by rule establish criteria for the approval of continuing972
education programs or courses.  The programs or courses approved by the board may973
include correspondence courses that meet the requirements for continuing education974
programs or courses."975
SECTION 2-6.976
Said title is further amended by adding a new article to read as follows:977
"ARTICLE 3978
43-24A-40.979
This article shall be known and may be cited as the 'Interstate Massage Compact Act.'980
43-24A-41.981
The Interstate Massage Compact is enacted into law and entered into by the State of982
Georgia with any and all other states legally joining therein in the form substantially as983
follows:984
H. B. 839 (SUB)
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'INTERSTATE MASSAGE COMPACT985
ARTICLE 1- PURPOSE986
The purpose of this Compact is to reduce the burdens on State governments and to facilitate987
the interstate practice and regulation of Massage Therapy with the goal of improving public988
access to, and the safety of, Massage Therapy Services.  Through this Compact, the989
Member States seek to establish a regulatory framework which provides for a new990
multistate licensing program.  Through this additional licensing pathway, the Member991
States seek to provide increased value and mobility to licensed massage therapists in the992
Member States, while ensuring the provision of safe, competent, and reliable services to993
the public.994
This Compact is designed to achieve the following objectives, and the Member States995
hereby ratify the same intentions by subscribing hereto:996
A.  Increase public access to Massage Therapy Services by providing for a multistate997
licensing pathway;998
B.  Enhance the Member States' ability to protect the public's health and safety;999
C.  Enhance the Member States' ability to prevent human trafficking and licensure fraud;1000
D.  Encourage the cooperation of Member States in regulating the multistate Practice of1001
Massage Therapy;1002
E.  Support relocating military members and their spouses;1003
F. Facilitate and enhance the exchange of licensure, investigative, and disciplinary1004
information between the Member States;1005
G.  Create an Interstate Commission that will exist to implement and administer the1006
Compact;1007
H.  Allow a Member State to hold a Licensee accountable, even where that Licensee holds1008
a Multistate License;1009
I. Create a streamlined pathway for Licensees to practice in Member States, thus1010
increasing the mobility of duly licensed massage therapists; and1011
H. B. 839 (SUB)
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J.  Serve the needs of licensed massage therapists and the public receiving their services;1012
however,1013
K.  Nothing in this Compact is intended to prevent a State from enforcing its own laws1014
regarding the Practice of Massage Therapy.1015
ARTICLE 2- DEFINITIONS1016
As used in this Compact, except as otherwise provided and subject to clarification by the1017
Rules of the Commission, the following definitions shall govern the terms herein:1018
A.  "Active Duty Military" - any individual in full-time duty status in the active uniformed1019
service of the United States including members of the National Guard and Reserve.1020
B.  "Adverse Action" - any administrative, civil, equitable, or criminal action permitted by1021
a Member State's laws which is imposed by a Licensing Authority or other regulatory body1022
against a Licensee, including actions against an individual's Authorization to Practice such1023
as revocation, suspension, probation, surrender in lieu of discipline, monitoring of the1024
Licensee, limitation of the Licensee's practice, or any other Encumbrance on licensure1025
affecting an individual's ability to practice Massage Therapy, including the issuance of a1026
cease and desist order.1027
C. "Alternative Program" - a non-disciplinary monitoring or prosecutorial diversion1028
program approved by a Member State's Licensing Authority.1029
D.  "Authorization to Practice" - a legal authorization by a Remote State pursuant to a1030
Multistate License permitting the Practice of Massage Therapy in that Remote State, which1031
shall be subject to the enforcement jurisdiction of the Licensing Authority in that Remote1032
State.1033
E. "Background Check" - the submission of an applicant's criminal history record1034
information, as further defined in 28 C.F.R. § 20.3(d), as amended from the Federal Bureau1035
of Investigation and the agency responsible for retaining State criminal records in the1036
applicant's Home State.1037
H. B. 839 (SUB)
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F.  "Charter Member States" - Member States who have enacted legislation to adopt this1038
Compact where such legislation predates the effective date of this Compact as defined in1039
Article 12.1040
G.  "Commission" - the government agency whose membership consists of all States that1041
have enacted this Compact, which is known as the Interstate Massage Compact1042
Commission, as defined in Article 8, and which shall operate as an instrumentality of the1043
Member States.1044
H.  "Continuing Competence" - a requirement, as a condition of license renewal, to provide1045
evidence of participation in, and completion of, educational or professional activities that1046
maintain, improve, or enhance Massage Therapy fitness to practice.1047
I. "Current Significant Investigative Information" - Investigative Information that a1048
Licensing Authority, after an inquiry or investigation that complies with a Member State's1049
due process requirements, has reason to believe is not groundless and, if proved true, would1050
indicate a violation of that State's laws regarding the Practice of Massage Therapy.1051
J.  "Data System" - a repository of information about Licensees who hold Multistate1052
Licenses, which may include but is not limited to license status, Investigative Information,1053
and Adverse Actions.1054
K.  "Disqualifying Event" - any event which shall disqualify an individual from holding1055
a Multistate License under this Compact, which the Commission may by Rule specify.1056
L.  "Encumbrance" - a revocation or suspension of, or any limitation or condition on, the1057
full and unrestricted Practice of Massage Therapy by a Licensing Authority.1058
M.  "Executive Committee" - a group of delegates elected or appointed to act on behalf of,1059
and within the powers granted to them by, the Commission.1060
N.  "Home State" - means the Member State which is a Licensee's primary state of1061
residence where the Licensee holds an active Single-State License.1062
O.  "Investigative Information" - information, records, or documents received or generated1063
by a Licensing Authority pursuant to an investigation or other inquiry.1064
H. B. 839 (SUB)
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P.  "Licensing Authority" - a State's regulatory body responsible for issuing Massage1065
Therapy licenses or otherwise overseeing the Practice of Massage Therapy in that State.1066
Q.  "Licensee" - an individual who currently holds a license from a Member State to fully1067
practice Massage Therapy, whose license is not a student, provisional, temporary, inactive,1068
or other similar status.1069
R. "Massage Therapy", "Massage Therapy Services", and the "Practice of Massage1070
Therapy" - the care and services provided by a Licensee as set forth in the Member State's1071
statutes and regulations in the State where the services are being provided.1072
S.  "Member State" - any State that has adopted this Compact.1073
T.  "Multistate License" - a license that consists of Authorizations to Practice Massage1074
Therapy in all Remote States pursuant to this Compact, which shall be subject to the1075
enforcement jurisdiction of the Licensing Authority in a Licensee's Home State.1076
U.  "National Licensing Examination" - A national examination developed by a national1077
association of Massage Therapy regulatory boards, as defined by Commission Rule, that1078
is derived from a practice analysis and is consistent with generally accepted psychometric1079
principles of fairness, validity and reliability, and is administered under secure and1080
confidential examination protocols.1081
V.  "Remote State" - any Member State, other than the Licensee's Home State.1082
W. "Rule" - any opinion or regulation promulgated by the Commission under this1083
Compact, which shall have the force of law.1084
X.  "Single-State License" - a current, valid authorization issued by a Member State's1085
Licensing Authority allowing an individual to fully practice Massage Therapy, that is not1086
a restricted, student, provisional, temporary, or inactive practice authorization and1087
authorizes practice only within the issuing State.1088
Y.  "State" - a state, territory, possession of the United States, or the District of Columbia.1089
H. B. 839 (SUB)
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ARTICLE 3- MEMBER STATE REQUIREMENTS1090
A.  To be eligible to join this Compact, and to maintain eligibility as a Member State, a1091
State must:1092
1.  License and regulate the Practice of Massage Therapy;1093
2.  Have a mechanism or entity in place to receive and investigate complaints from the1094
public, regulatory or law enforcement agencies, or the Commission about Licensees1095
practicing in that State;1096
3.  Accept passage of a National Licensing Examination as a criterion for Massage1097
Therapy licensure in that State;1098
4.  Require that Licensees satisfy educational requirements prior to being licensed to1099
provide Massage Therapy Services to the public in that State;1100
5. Implement procedures for requiring the Background Check of applicants for a1101
Multistate License, and for the reporting of any Disqualifying Events, including but not1102
limited to obtaining and submitting, for each Licensee holding a Multistate License and1103
each applicant for a Multistate License, fingerprint or other biometric-based information1104
to the Federal Bureau of Investigation for Background Checks; receiving the results of1105
the Federal Bureau of Investigation record search on Background Checks and considering1106
the results of such a Background Check in making licensure decisions;1107
6.  Have Continuing Competence requirements as a condition for license renewal;1108
7.  Participate in the Data System, including through the use of unique identifying1109
numbers as described herein;1110
8.  Notify the Commission and other Member States, in compliance with the terms of the1111
Compact and Rules of the Commission, of any disciplinary action taken by the State1112
against a Licensee practicing under a Multistate License in that State, or of the existence1113
of Investigative Information or Current Significant Investigative Information regarding1114
a Licensee practicing in that State pursuant to a Multistate License;1115
9.  Comply with the Rules of the Commission;1116
H. B. 839 (SUB)
- 44 - 24 LC 36 5789S
10.  Accept Licensees with valid Multistate Licenses from other Member States as1117
established herein;1118
B.  Individuals not residing in a Member State shall continue to be able to apply for a1119
Member State's Single-State License as provided under the laws of each Member State. 1120
However, the Single-State License granted to those individuals shall not be recognized as1121
granting a Multistate License for Massage Therapy in any other Member State;1122
C.  Nothing in this Compact shall affect the requirements established by a Member State1123
for the issuance of a Single-State License; and1124
D.  A Multistate License issued to a Licensee shall be recognized by each Remote State as1125
an Authorization to Practice Massage Therapy in each Remote State.1126
ARTICLE 4- MULTISTATE LICENSE REQUIREMENTS1127
A.  To qualify for a Multistate License under this Compact, and to maintain eligibility for1128
such a license, an applicant must:1129
1.  Hold an active Single-State License to practice Massage Therapy in the applicant's1130
Home State;1131
2.  Have completed at least six hundred and twenty-five (625) clock hours of Massage1132
Therapy education or the substantial equivalent which the Commission may approve by1133
Rule.1134
3.  Have passed a National Licensing Examination or the substantial equivalent which the1135
Commission may approve by Rule.1136
4.  Submit to a Background Check;1137
5.  Have not been convicted or found guilty, or have entered into an agreed disposition,1138
of a felony offense under applicable State or federal criminal law, within five (5) years1139
prior to the date of their application, where such a time period shall not include any time1140
served for the offense, and provided that the applicant has completed any and all1141
requirements arising as a result of any such offense;1142
H. B. 839 (SUB)
- 45 - 24 LC 36 5789S
6.  Have not been convicted or found guilty, or have entered into an agreed disposition,1143
of a misdemeanor offense related to the Practice of Massage Therapy under applicable1144
State or federal criminal law, within two (2) years prior to the date of their application1145
where such a time period shall not include any time served for the offense, and provided1146
that the applicant has completed any and all requirements arising as a result of any such1147
offense;1148
7.  Have not been convicted or found guilty, or have entered into an agreed disposition,1149
of any offense, whether a misdemeanor or a felony, under State or federal law, at any1150
time, relating to any of the following:1151
a.  Kidnapping;1152
b.  Human trafficking;1153
c.  Human smuggling;1154
d.  Sexual battery, sexual assault, or any related offenses; or1155
e.  Any other category of offense which the Commission may by Rule designate.1156
8.  Have not previously held a Massage Therapy license which was revoked by, or1157
surrendered in lieu of discipline to an applicable Licensing Authority;1158
9.  Have no history of any Adverse Action on any occupational or professional license1159
within two (2) years prior to the date of their application; and1160
10.  Pay all required fees.1161
B.  A Multistate License granted pursuant to this Compact may be effective for a definite1162
period of time concurrent with the renewal of the Home State license.1163
C.  A Licensee practicing in a Member State is subject to all scope of practice laws1164
governing Massage Therapy Services in that State.1165
D.  The Practice of Massage Therapy under a Multistate License granted pursuant to this1166
Compact will subject the Licensee to the jurisdiction of the Licensing Authority, the courts,1167
and the laws of the Member State in which the Massage Therapy Services are provided.1168
H. B. 839 (SUB)
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ARTICLE 5- AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION1169
AND MEMBER STATE LICENSING AUTHORITIES1170
A.  Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,1171
restrict, or in any way reduce the ability of a Member State to enact and enforce laws,1172
regulations, or other rules related to the Practice of Massage Therapy in that State, where1173
those laws, regulations, or other rules are not inconsistent with the provisions of this1174
Compact.1175
B.  Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,1176
restrict, or in any way reduce the ability of a Member State to take Adverse Action against1177
a Licensee's Single-State License to practice Massage Therapy in that State.1178
C.  Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,1179
restrict, or in any way reduce the ability of a Remote State to take Adverse Action against1180
a Licensee's Authorization to Practice in that State.1181
D.  Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,1182
restrict, or in any way reduce the ability of a Licensee's Home State to take Adverse Action1183
against a Licensee's Multistate License based upon information provided by a Remote1184
State.1185
E.  Insofar as practical, a Member State's Licensing Authority shall cooperate with the1186
Commission and with each entity exercising independent regulatory authority over the1187
Practice of Massage Therapy according to the provisions of this Compact.1188
ARTICLE 6- ADVERSE ACTIONS1189
A.  A Licensee's Home State shall have exclusive power to impose an Adverse Action1190
against a Licensee's Multistate License issued by the Home State.1191
B. A Home State may take Adverse Action on a Multistate License based on the1192
Investigative Information, Current Significant Investigative Information, or Adverse Action1193
of a Remote State.1194
H. B. 839 (SUB)
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C.  A Home State shall retain authority to complete any pending investigations of a1195
Licensee practicing under a Multistate License who changes their Home State during the1196
course of such an investigation.  The Licensing Authority shall also be empowered to1197
report the results of such an investigation to the Commission through the Data System as1198
described herein.1199
D.  Any Member State may investigate actual or alleged violations of the scope of practice1200
laws in any other Member State for a massage therapist who holds a Multistate License.1201
E.  A Remote State shall have the authority to:1202
1.  Take Adverse Actions against a Licensee's Authorization to Practice;1203
2.  Issue cease and desist orders or impose an Encumbrance on a Licensee's Authorization1204
to Practice in that State.1205
3.  Issue subpoenas for both hearings and investigations that require the attendance and1206
testimony of witnesses, as well as the production of evidence.  Subpoenas issued by a1207
Licensing Authority in a Member State for the attendance and testimony of witnesses or1208
the production of evidence from another Member State shall be enforced in the latter1209
State by any court of competent jurisdiction, according to the practice and procedure of1210
that court applicable to subpoenas issued in proceedings before it.  The issuing Licensing1211
Authority shall pay any witness fees, travel expenses, mileage, and other fees required1212
by the service statutes of the State in which the witnesses or evidence are located.1213
4.  If otherwise permitted by State law, recover from the affected Licensee the costs of1214
investigations and disposition of cases resulting from any Adverse Action taken against1215
that Licensee.1216
5.  Take Adverse Action against the Licensee's Authorization to Practice in that State1217
based on the factual findings of another Member State.1218
F.  If an Adverse Action is taken by the Home State against a Licensee's Multistate License1219
or Single-State License to practice in the Home State, the Licensee's Authorization to1220
Practice in all other Member States shall be deactivated until all Encumbrances have been1221
H. B. 839 (SUB)
- 48 - 24 LC 36 5789S
removed from such license.  All Home State disciplinary orders that impose an Adverse1222
Action against a Licensee shall include a statement that the Massage Therapist's1223
Authorization to Practice is deactivated in all Member States during the pendency of the1224
order.1225
G.  If Adverse Action is taken by a Remote State against a Licensee's Authorization to1226
Practice, that Adverse Action applies to all Authorizations to Practice in all Remote States. 1227
A Licensee whose Authorization to Practice in a Remote State is removed for a specified1228
period of time is not eligible to apply for a new Multistate License in any other State until1229
the specific time for removal of the Authorization to Practice has passed and all1230
encumbrance requirements are satisfied.1231
H. Nothing in this Compact shall override a Member State's authority to accept a1232
Licensee's participation in an Alternative Program in lieu of Adverse Action.  A Licensee's1233
Multistate License shall be suspended for the duration of the Licensee's participation in any1234
Alternative Program.1235
I.  Joint Investigations1236
1.  In addition to the authority granted to a Member State by its respective scope of1237
practice laws or other applicable State law, a Member State may participate with other1238
Member States in joint investigations of Licensees.1239
2.  Member States shall share any investigative, litigation, or compliance materials in1240
furtherance of any joint or individual investigation initiated under the Compact.1241
ARTICLE 7- ACTIVE DUTY MILITARY AND THEIR SPOUSES1242
Active Duty Military personnel, or their spouses, shall designate a Home State where the1243
individual has a current license to practice Massage Therapy in good standing.  The1244
individual may retain their Home State designation during any period of service when that1245
individual or their spouse is on active duty assignment.1246
H. B. 839 (SUB)
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ARTICLE 8- ESTABLISHMENT AND OPERATION OF1247
INTERSTATE MASSAGE COMPACT COMMISSION1248
A.  The Compact Member States hereby create and establish a joint government agency1249
whose membership consists of all Member States that have enacted the Compact known1250
as the Interstate Massage Compact Commission.  The Commission is an instrumentality1251
of the Compact States acting jointly and not an instrumentality of any one State.  The1252
Commission shall come into existence on or after the effective date of the Compact as set1253
forth in Article 12.1254
B.  Membership, Voting, and Meetings1255
1.  Each Member State shall have and be limited to one (1) delegate selected by that1256
Member State's State Licensing Authority.1257
2. The delegate shall be the primary administrative officer of the State Licensing1258
Authority or their designee.1259
3.  The Commission shall by Rule or bylaw establish a term of office for delegates and1260
may by Rule or bylaw establish term limits.1261
4.  The Commission may recommend removal or suspension of any delegate from office.1262
5.  A Member State's State Licensing Authority shall fill any vacancy of its delegate1263
occurring on the Commission within 60 days of the vacancy.1264
6.  Each delegate shall be entitled to one vote on all matters that are voted on by the1265
Commission.1266
7.  The Commission shall meet at least once during each calendar year.  Additional1267
meetings may be held as set forth in the bylaws. The Commission may meet by1268
telecommunication, video conference or other similar electronic means.1269
C.  The Commission shall have the following powers:1270
1.  Establish the fiscal year of the Commission;1271
2.  Establish code of conduct and conflict of interest policies;1272
H. B. 839 (SUB)
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3.  Adopt Rules and bylaws;1273
4.  Maintain its financial records in accordance with the bylaws;1274
5.  Meet and take such actions as are consistent with the provisions of this Compact, the1275
Commission's Rules, and the bylaws;1276
6.  Initiate and conclude legal proceedings or actions in the name of the Commission,1277
provided that the standing of any State Licensing Authority to sue or be sued under1278
applicable law shall not be affected;1279
7.  Maintain and certify records and information provided to a Member State as the1280
authenticated business records of the Commission, and designate an agent to do so on the1281
Commission's behalf;1282
8.  Purchase and maintain insurance and bonds;1283
9.  Borrow, accept, or contract for services of personnel, including, but not limited to,1284
employees of a Member State;1285
10.  Conduct an annual financial review;1286
11.  Hire employees, elect or appoint officers, fix compensation, define duties, grant such1287
individuals appropriate authority to carry out the purposes of the Compact, and establish1288
the Commission's personnel policies and programs relating to conflicts of interest,1289
qualifications of personnel, and other related personnel matters;1290
12.  Assess and collect fees;1291
13.  Accept any and all appropriate gifts, donations, grants of money, other sources of1292
revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose1293
of the same; provided that at all times the Commission shall avoid any appearance of1294
impropriety or conflict of interest;1295
14.  Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or1296
mixed, or any undivided interest therein;1297
15.  Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of1298
any property real, personal, or mixed;1299
H. B. 839 (SUB)
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16.  Establish a budget and make expenditures;1300
17.  Borrow money;1301
18.  Appoint committees, including standing committees, composed of members, State1302
regulators, State legislators or their representatives, and consumer representatives, and1303
such other interested persons as may be designated in this Compact and the bylaws;1304
19.  Accept and transmit complaints from the public, regulatory or law enforcement1305
agencies, or the Commission, to the relevant Member State(s) regarding potential1306
misconduct of Licensees;1307
20.  Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of the1308
Commission as provided in the Commission's bylaws;1309
21.  Establish and elect an Executive Committee, including a chair and a vice chair;1310
22.  Adopt and provide to the Member States an annual report.1311
23.  Determine whether a State's adopted language is materially different from the model1312
Compact language such that the State would not qualify for participation in the Compact;1313
and1314
24.  Perform such other functions as may be necessary or appropriate to achieve the1315
purposes of this Compact.1316
D.  The Executive Committee1317
1.  The Executive Committee shall have the power to act on behalf of the Commission1318
according to the terms of this Compact.  The powers, duties, and responsibilities of the1319
Executive Committee shall include:1320
a.  Overseeing the day-to-day activities of the administration of the Compact including 1321
compliance with the provisions of the Compact, the Commission's Rules and bylaws,1322
and other such duties as deemed necessary;1323
b.  Recommending to the Commission changes to the Rules or bylaws, changes to this1324
Compact legislation, fees charged to Compact Member States, fees charged to1325
Licensees, and other fees;1326
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c.  Ensuring Compact administration services are appropriately provided, including by1327
contract;1328
d.  Preparing and recommending the budget;1329
e.  Maintaining financial records on behalf of the Commission;1330
f.  Monitoring Compact compliance of Member States and providing compliance1331
reports to the Commission;1332
g.  Establishing additional committees as necessary;1333
h.  Exercise the powers and duties of the Commission during the interim between1334
Commission meetings, except for adopting or amending Rules, adopting or amending1335
bylaws, and exercising any other powers and duties expressly reserved to the1336
Commission by Rule or bylaw; and1337
i.  Other duties as provided in the Rules or bylaws of the Commission.1338
2.  The Executive Committee shall be composed of seven voting members and up to two1339
exofficio members as follows:1340
a. The chair and vice chair of the Commission and any other members of the1341
Commission who serve on the Executive Committee shall be voting members of the1342
Executive Committee; and1343
b.  Other than the chair, vice-chair, secretary and treasurer, the Commission shall elect1344
three voting members from the current membership of the Commission.1345
c.  The Commission may elect ex-officio, nonvoting members as necessary as follows:1346
i.  One ex-officio member who is a representative of the national association of State1347
Massage Therapy regulatory boards; and1348
ii.  One ex-officio member as specified in the Commission's bylaws.1349
3.  The Commission may remove any member of the Executive Committee as provided1350
in the Commission's bylaws.1351
4.  The Executive Committee shall meet at least annually.1352
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a.  Executive Committee meetings shall be open to the public, except that the Executive1353
Committee may meet in a closed, non-public session of a public meeting when dealing1354
with any of the matters covered under subsection F.4.1355
b.  The Executive Committee shall give five business days advance notice of its public1356
meetings, posted on its website and as determined to provide notice to persons with an1357
interest in the public matters the Executive Committee intends to address at those1358
meetings.1359
5.  The Executive Committee may hold an emergency meeting when acting for the1360
Commission to:1361
a.  Meet an imminent threat to public health, safety, or welfare;1362
b.  Prevent a loss of Commission or Participating State funds; or1363
c.  Protect public health and safety.1364
E.  The Commission shall adopt and provide to the Member States an annual report.1365
F.  Meetings of the Commission1366
1.  All meetings of the Commission that are not closed pursuant to this subsection shall1367
be open to the public.  Notice of public meetings shall be posted on the Commission's1368
website at least thirty (30) days prior to the public meeting.1369
2.  Notwithstanding subsection F.1 of this Article, the Commission may convene an1370
emergency public meeting by providing at least twenty-four (24) hours prior notice on1371
the Commission's website, and any other means as provided in the Commission's Rules,1372
for any of the reasons it may dispense with notice of proposed rulemaking under Article1373
10.L.  The Commission's legal counsel shall certify the that one of the reasons justifying1374
an emergency public meeting has been met.1375
3.  Notice of all Commission meetings shall provide the time, date, and location of the1376
meeting, and if the meeting is to be held or accessible via telecommunication, video1377
conference, or other electronic means, the notice shall include the mechanism for access1378
to the meeting.1379
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4.  The Commission may convene in a closed, non-public meeting for the Commission1380
to discuss:1381
a.  Non-compliance of a Member State with its obligations under the Compact;1382
b.  The employment, compensation, discipline or other matters, practices or procedures1383
related to specific employees or other matters related to the Commission's internal1384
personnel practices and procedures;1385
c.  Current or threatened discipline of a Licensee by the Commission or by a Member1386
State's Licensing Authority;1387
d.  Current, threatened, or reasonably anticipated litigation;1388
e.  Negotiation of contracts for the purchase, lease, or sale of goods, services, or real1389
estate;1390
f.  Accusing any person of a crime or formally censuring any person;1391
g. Trade secrets or commercial or financial information that is privileged or1392
confidential;1393
h. Information of a personal nature where disclosure would constitute a clearly1394
unwarranted invasion of personal privacy;1395
i.  Investigative records compiled for law enforcement purposes;1396
j.  Information related to any investigative reports prepared by or on behalf of or for use1397
of the Commission or other committee charged with responsibility of investigation or1398
determination of compliance issues pursuant to the Compact;1399
k.  Legal advice;1400
l.  Matters specifically exempted from disclosure to the public by federal or Member1401
State law; or1402
m.  Other matters as promulgated by the Commission by Rule.1403
5.  If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the1404
meeting will be closed and reference each relevant exempting provision, and such1405
reference shall be recorded in the minutes.1406
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6. The Commission shall keep minutes that fully and clearly describe all matters1407
discussed in a meeting and shall provide a full and accurate summary of actions taken,1408
and the reasons therefore, including a description of the views expressed.  All documents1409
considered in connection with an action shall be identified in such minutes.  All minutes1410
and documents of a closed meeting shall remain under seal, subject to release only by a1411
majority vote of the Commission or order of a court of competent jurisdiction.1412
G.  Financing of the Commission1413
1.  The Commission shall pay, or provide for the payment of, the reasonable expenses of1414
its establishment, organization, and ongoing activities.1415
2.  The Commission may accept any and all appropriate sources of revenue, donations,1416
and grants of money, equipment, supplies, materials, and services.1417
3.  The Commission may levy on and collect an annual assessment from each Member1418
State and impose fees on Licensees of Member States to whom it grants a Multistate1419
License to cover the cost of the operations and activities of the Commission and its staff,1420
which must be in a total amount sufficient to cover its annual budget as approved each1421
year for which revenue is not provided by other sources. The aggregate annual1422
assessment amount for Member States shall be allocated based upon a formula that the1423
Commission shall promulgate by Rule.1424
4.  The Commission shall not incur obligations of any kind prior to securing the funds1425
adequate to meet the same; nor shall the Commission pledge the credit of any Member1426
States, except by and with the authority of the Member State.1427
5.  The Commission shall keep accurate accounts of all receipts and disbursements.  The1428
receipts and disbursements of the Commission shall be subject to the financial review and1429
accounting procedures established under its bylaws.  All receipts and disbursements of1430
funds handled by the Commission shall be subject to an annual financial review by a1431
certified or licensed public accountant, and the report of the financial review shall be1432
included in and become part of the annual report of the Commission.1433
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H.  Qualified Immunity, Defense, and Indemnification1434
1.  The members, officers, executive director, employees and representatives of the1435
Commission shall be immune from suit and liability, both personally and in their official1436
capacity, for any claim for damage to or loss of property or personal injury or other civil1437
liability caused by or arising out of any actual or alleged act, error, or omission that1438
occurred, or that the person against whom the claim is made had a reasonable basis for1439
believing occurred within the scope of Commission employment, duties or1440
responsibilities; provided that nothing in this paragraph shall be construed to protect any1441
such person from suit or liability for any damage, loss, injury, or liability caused by the1442
intentional or willful or wanton misconduct of that person.  The procurement of insurance1443
of any type by the Commission shall not in any way compromise or limit the immunity1444
granted hereunder.1445
2.  The Commission shall defend any member, officer, executive director, employee, and1446
representative of the Commission in any civil action seeking to impose liability arising1447
out of any actual or alleged act, error, or omission that occurred within the scope of1448
Commission employment, duties, or responsibilities, or as determined by the Commission1449
that the person against whom the claim is made had a reasonable basis for believing1450
occurred within the scope of Commission employment, duties, or responsibilities;1451
provided that nothing herein shall be construed to prohibit that person from retaining their1452
own counsel at their own expense; and provided further, that the actual or alleged act,1453
error, or omission did not result from that person's intentional or willful or wanton1454
misconduct.1455
3.  The Commission shall indemnify and hold harmless any member, officer, executive1456
director, employee, and representative of the Commission for the amount of any1457
settlement or judgment obtained against that person arising out of any actual or alleged1458
act, error, or omission that occurred within the scope of Commission employment, duties,1459
or responsibilities, or that such person had a reasonable basis for believing occurred1460
H. B. 839 (SUB)
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within the scope of Commission employment, duties, or responsibilities, provided that1461
the actual or alleged act, error, or omission did not result from the intentional or willful1462
or wanton misconduct of that person.1463
4.  Nothing herein shall be construed as a limitation on the liability of any Licensee for1464
professional malpractice or misconduct, which shall be governed solely by any other1465
applicable State laws.1466
5.  Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member1467
State's State action immunity or State action affirmative defense with respect to antitrust1468
claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or1469
anticompetitive law or regulation.1470
6.  Nothing in this Compact shall be construed to be a waiver of sovereign immunity by1471
the Member States or by the Commission.1472
ARTICLE 9- DATA SYSTEM1473
A.  The Commission shall provide for the development, maintenance, operation, and1474
utilization of a coordinated database and reporting system.1475
B. The Commission shall assign each applicant for a Multistate License a unique1476
identifier, as determined by the Rules of the Commission.1477
C.  Notwithstanding any other provision of State law to the contrary, a Member State shall1478
submit a uniform data set to the Data System on all individuals to whom this Compact is1479
applicable as required by the Rules of the Commission, including:1480
1.  Identifying information;1481
2.  Licensure data;1482
3.  Adverse Actions against a license and information related thereto;1483
4. Non-confidential information related to Alternative Program participation, the1484
beginning and ending dates of such participation, and other information related to such1485
participation;1486
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5.  Any denial of application for licensure, and the reason(s) for such denial (excluding1487
the reporting of any criminal history record information where prohibited by law);1488
6.  The existence of Investigative Information;1489
7.  The existence presence of Current Significant Investigative Information; and1490
8.  Other information that may facilitate the administration of this Compact or the1491
protection of the public, as determined by the Rules of the Commission.1492
D.  The records and information provided to a Member State pursuant to this Compact or1493
through the Data System, when certified by the Commission or an agent thereof, shall1494
constitute the authenticated business records of the Commission, and shall be entitled to1495
any associated hearsay exception in any relevant judicial, quasi-judicial or administrative1496
proceedings in a Member State.1497
E.  The existence of Current Significant Investigative Information and the existence of1498
Investigative Information pertaining to a Licensee in any Member State will only be1499
available to other Member States.1500
F.  It is the responsibility of the Member States to report any Adverse Action against a1501
Licensee who holds a Multistate License and to monitor the database to determine whether1502
Adverse Action has been taken against such a Licensee or License applicant.  Adverse1503
Action information pertaining to a Licensee or License applicant in any Member State will1504
be available to any other Member State.1505
G.  Member States contributing information to the Data System may designate information1506
that may not be shared with the public without the express permission of the contributing1507
State.1508
H.  Any information submitted to the Data System that is subsequently expunged pursuant1509
to federal law or the laws of the Member State contributing the information shall be1510
removed from the Data System.1511
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ARTICLE 10- RULEMAKING1512
A. The Commission shall promulgate reasonable Rules in order to effectively and1513
efficiently implement and administer the purposes and provisions of the Compact.  A Rule1514
shall be invalid and have no force or effect only if a court of competent jurisdiction holds1515
that the Rule is invalid because the Commission exercised its rulemaking authority in a1516
manner that is beyond the scope and purposes of the Compact, or the powers granted1517
hereunder, or based upon another applicable standard of review.1518
B.  The Rules of the Commission shall have the force of law in each Member State,1519
provided however that where the Rules of the Commission conflict with the laws of the1520
Member State that establish the Member State's scope of practice as held by a court of1521
competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the1522
extent of the conflict.1523
C.  The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth1524
in this article and the Rules adopted thereunder.  Rules shall become binding as of the date1525
specified by the Commission for each Rule.1526
D.  If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule,1527
by enactment of a statute or resolution in the same manner used to adopt the Compact1528
within four (4) years of the date of adoption of the Rule, then such Rule shall have no1529
further force and effect in any Member State or to any State applying to participate in the1530
Compact.1531
E.  Rules shall be adopted at a regular or special meeting of the Commission.1532
F.  Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and1533
allow persons to provide oral and written comments, data, facts, opinions, and arguments.1534
G.  Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days1535
in advance of the meeting at which the Commission will hold a public hearing on the1536
proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:1537
1.  On the website of the Commission or other publicly accessible platform;1538
H. B. 839 (SUB)
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2.  To persons who have requested notice of the Commission's notices of proposed1539
rulemaking, and1540
3.  In such other way(s) as the Commission may by Rule specify.1541
H.  The Notice of Proposed Rulemaking shall include:1542
1.  The time, date, and location of the public hearing at which the Commission will hear1543
public comments on the proposed Rule and, if different, the time, date, and location of1544
the meeting where the Commission will consider and vote on the proposed Rule;1545
2.  If the hearing is held via telecommunication, video conference, or other electronic1546
means, the Commission shall include the mechanism for access to the hearing in the1547
Notice of Proposed Rulemaking;1548
3.  The text of the proposed Rule and the reason therefor;1549
4.  A request for comments on the proposed Rule from any interested person; and1550
5.  The manner in which interested persons may submit written comments.1551
I.  All hearings will be recorded.  A copy of the recording and all written comments and1552
documents received by the Commission in response to the proposed Rule shall be available1553
to the public.1554
J.  Nothing in this article shall be construed as requiring a separate hearing on each Rule. 1555
Rules may be grouped for the convenience of the Commission at hearings required by this1556
article.1557
K.  The Commission shall, by majority vote of all Commissioners, take final action on the1558
proposed Rule based on the Rulemaking record.1559
1.  The Commission may adopt changes to the proposed Rule provided the changes do1560
not enlarge the original purpose of the proposed Rule.1561
2.  The Commission shall provide an explanation of the reasons for substantive changes1562
made to the proposed Rule as well as reasons for substantive changes not made that were1563
recommended by commenters.1564
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3.  The Commission shall determine a reasonable effective date for the Rule.  Except for1565
an emergency as provided in subsection L of this article, the effective date of the Rule1566
shall be no sooner than thirty (30) days after the Commission issuing the notice that it1567
adopted or amended the Rule.1568
L.  Upon determination that an emergency exists, the Commission may consider and adopt1569
an emergency Rule with 24 hours notice, provided that the usual Rulemaking procedures1570
provided in the Compact and in this article shall be retroactively applied to the Rule as1571
soon as reasonably possible, in no event later than ninety (90) days after the effective date1572
of the Rule.  For the purposes of this provision, an emergency Rule is one that must be1573
adopted immediately to:1574
1.  Meet an imminent threat to public health, safety, or welfare;1575
2.  Prevent a loss of Commission or Member State funds;1576
3.  Meet a deadline for the promulgation of a Rule that is established by federal law or1577
rule; or1578
4.  Protect public health and safety.1579
M.  The Commission or an authorized committee of the Commission may direct revisions1580
to a previously adopted Rule for purposes of correcting typographical errors, errors in1581
format, errors in consistency, or grammatical errors.  Public notice of any revisions shall1582
be posted on the website of the Commission.  The revision shall be subject to challenge by1583
any person for a period of thirty (30) days after posting.  The revision may be challenged1584
only on grounds that the revision results in a material change to a Rule.  A challenge shall1585
be made in writing and delivered to the Commission prior to the end of the notice period. 1586
If no challenge is made, the revision will take effect without further action.  If the revision1587
is challenged, the revision may not take effect without the approval of the Commission.1588
N.  No Member State's rulemaking requirements shall apply under this Compact.1589
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ARTICLE 11- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT1590
A.  Oversight1591
1.  The executive and judicial branches of State government in each Member State shall1592
enforce this Compact and take all actions necessary and appropriate to implement the1593
Compact.1594
2.  Venue is proper and judicial proceedings by or against the Commission shall be1595
brought solely and exclusively in a court of competent jurisdiction where the principal1596
office of the Commission is located. The Commission may waive venue and1597
jurisdictional defenses to the extent it adopts or consents to participate in alternative1598
dispute resolution proceedings.  Nothing herein shall affect or limit the selection or1599
propriety of venue in any action against a Licensee for professional malpractice,1600
misconduct or any such similar matter.1601
3.  The Commission shall be entitled to receive service of process in any proceeding1602
regarding the enforcement or interpretation of the Compact and shall have standing to1603
intervene in such a proceeding for all purposes.  Failure to provide the Commission1604
service of process shall render a judgment or order void as to the Commission, this1605
Compact, or promulgated Rules.1606
B.  Default, Technical Assistance, and Termination1607
1.  If the Commission determines that a Member State has defaulted in the performance1608
of its obligations or responsibilities under this Compact or the promulgated Rules, the1609
Commission shall provide written notice to the defaulting State.  The notice of default1610
shall describe the default, the proposed means of curing the default, and any other action1611
that the Commission may take, and shall offer training and specific technical assistance1612
regarding the default.1613
2.  The Commission shall provide a copy of the notice of default to the other Member1614
States.1615
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C.  If a State in default fails to cure the default, the defaulting State may be terminated from1616
the Compact upon an affirmative vote of a majority of the delegates of the Member States,1617
and all rights, privileges and benefits conferred on that State by this Compact may be1618
terminated on the effective date of termination.  A cure of the default does not relieve the1619
offending State of obligations or liabilities incurred during the period of default.1620
D.  Termination of membership in the Compact shall be imposed only after all other means1621
of securing compliance have been exhausted.  Notice of intent to suspend or terminate shall1622
be given by the Commission to the governor, the majority and minority leaders of the1623
defaulting State's legislature, the defaulting State's State Licensing Authority and each of1624
the Member States' State Licensing Authority.1625
E.  A State that has been terminated is responsible for all assessments, obligations, and1626
liabilities incurred through the effective date of termination, including obligations that1627
extend beyond the effective date of termination.1628
F.  Upon the termination of a State's membership from this Compact, that State shall1629
immediately provide notice to all Licensees who hold a Multistate License within that State1630
of such termination.  The terminated State shall continue to recognize all licenses granted1631
pursuant to this Compact for a minimum of one hundred eighty (180) days after the date1632
of said notice of termination.1633
G.  The Commission shall not bear any costs related to a State that is found to be in default1634
or that has been terminated from the Compact, unless agreed upon in writing between the1635
Commission and the defaulting State.1636
H.  The defaulting State may appeal the action of the Commission by petitioning the U.S.1637
District Court for the District of Columbia or the federal district where the Commission has1638
its principal offices.  The prevailing party shall be awarded all costs of such litigation,1639
including reasonable attorney's fees.1640
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I.  Dispute Resolution1641
1.  Upon request by a Member State, the Commission shall attempt to resolve disputes1642
related to the Compact that arise among Member States and between Member and1643
non-Member States.1644
2.  The Commission shall promulgate a Rule providing for both mediation and binding1645
dispute resolution for disputes as appropriate.1646
J.  Enforcement1647
1. The Commission, in the reasonable exercise of its discretion, shall enforce the1648
provisions of this Compact and the Commission's Rules.1649
2.  By majority vote as provided by Commission Rule, the Commission may initiate legal1650
action against a Member State in default in the United States District Court for the1651
District of Columbia or the federal district where the Commission has its principal offices1652
to enforce compliance with the provisions of the Compact and its promulgated Rules. 1653
The relief sought may include both injunctive relief and damages.  In the event judicial1654
enforcement is necessary, the prevailing party shall be awarded all costs of such1655
litigation, including reasonable attorney's fees.  The remedies herein shall not be the1656
exclusive remedies of the Commission.  The Commission may pursue any other remedies1657
available under federal or the defaulting Member State's law.1658
3.  A Member State may initiate legal action against the Commission in the U.S. District1659
Court for the District of Columbia or the federal district where the Commission has its1660
principal offices to enforce compliance with the provisions of the Compact and its1661
promulgated Rules.  The relief sought may include both injunctive relief and damages. 1662
In the event judicial enforcement is necessary, the prevailing party shall be awarded all1663
costs of such litigation, including reasonable attorney's fees.1664
4.  No individual or entity other than a Member State may enforce this Compact against1665
the Commission.1666
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ARTICLE 12- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT1667
A.  The Compact shall come into effect on the date on which the Compact statute is1668
enacted into law in the seventh Member State.1669
1.  On or after the effective date of the Compact, the Commission shall convene and1670
review the enactment of each of the Charter Member States to determine if the statute1671
enacted by each such Charter Member State is materially different than the model1672
Compact statute.1673
a.  A Charter Member State whose enactment is found to be materially different from1674
the model Compact statute shall be entitled to the default process set forth in Article 11.1675
b.  If any Member State is later found to be in default, or is terminated or withdraws1676
from the Compact, the Commission shall remain in existence and the Compact shall1677
remain in effect even if the number of Member States should be less than seven (7).1678
2.  Member States enacting the Compact subsequent to the Charter Member States shall1679
be subject to the process set forth in Article 8.C.23 to determine if their enactments are1680
materially different from the model Compact statute and whether they qualify for1681
participation in the Compact.1682
3.  All actions taken for the benefit of the Commission or in furtherance of the purposes1683
of the administration of the Compact prior to the effective date of the Compact or the1684
Commission coming into existence shall be considered to be actions of the Commission1685
unless specifically repudiated by the Commission.1686
4.  Any State that joins the Compact shall be subject to the Commission's Rules and1687
bylaws as they exist on the date on which the Compact becomes law in that State.  Any1688
Rule that has been previously adopted by the  Commission shall have the full force and1689
effect of law on the day the Compact becomes law in that State.1690
B.  Any Member State may withdraw from this Compact by enacting a statute repealing1691
that State's enactment of the Compact.1692
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1.  A Member State's withdrawal shall not take effect until one hundred eighty (180) days1693
after enactment of the repealing statute.1694
2.  Withdrawal shall not affect the continuing requirement of the withdrawing State's1695
Licensing Authority to comply with the investigative and Adverse Action reporting1696
requirements of this Compact prior to the effective date of withdrawal.1697
3. Upon the enactment of a statute withdrawing from this Compact, a State shall1698
immediately provide notice of such withdrawal to all Licensees within that State. 1699
Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing1700
State shall continue to recognize all licenses granted pursuant to this Compact for a1701
minimum of 180 days after the date of such notice of withdrawal.1702
C.  Nothing contained in this Compact shall be construed to invalidate or prevent any1703
licensure agreement or other cooperative arrangement between a Member State and a1704
non-Member State that does not conflict with the provisions of this Compact.1705
D.  This Compact may be amended by the Member States.  No amendment to this Compact1706
shall become effective and binding upon any Member State until it is enacted into the laws1707
of all Member States.1708
ARTICLE 13- CONSTRUCTION AND SEVERABILITY1709
A.  This Compact and the Commission's rulemaking authority shall be liberally construed1710
so as to effectuate the purposes, and the implementation and administration of the1711
Compact.  Provisions of the Compact expressly authorizing or requiring the promulgation1712
of Rules shall not be construed to limit the Commission's rulemaking authority solely for1713
those purposes.1714
B.  The provisions of this Compact shall be severable and if any phrase, clause, sentence1715
or provision of this Compact is held by a court of competent jurisdiction to be contrary to1716
the constitution of any Member State, a State seeking participation in the Compact, or of1717
the United States, or the applicability thereof to any government, agency, person or1718
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circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity1719
of the remainder of this Compact and the applicability thereof to any other government,1720
agency, person or circumstance shall not be affected thereby.1721
C.  Notwithstanding subsection B of this article, the Commission may deny a State's1722
participation in the Compact or, in accordance with the requirements of Article 11.B,1723
terminate a Member State's participation in the Compact, if it determines that a1724
constitutional requirement of a Member State is a material departure from the Compact. 1725
Otherwise, if this Compact shall be held to be contrary to the constitution of any Member1726
State, the Compact shall remain in full force and effect as to the remaining Member States1727
and in full force and effect as to the Member State affected as to all severable matters.1728
ARTICLE 14- CONSISTENT EFFECT AND1729
CONFLICT WITH OTHER STATE LAWS1730
Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State1731
that is not inconsistent with the Compact.1732
Any laws, statutes, regulations, or other legal requirements in a Member State in conflict1733
with the Compact are superseded to the extent of the conflict.1734
All permissible agreements between the Commission and the Member States are binding1735
in accordance with their terms.'"1736
PART III1737
SECTION 3-1.1738
All laws and parts of laws in conflict with this Act are repealed.1739
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