GA
Georgia House Bill HB232

Georgia 2025-2026 Regular Session

Georgia House Bill HB232 Compare Versions

OldNewDifferences
1-25 LC 55 0611S
2-The Senate Committee on Regulated Industries and Utilities offered the following
3-substitute to HB 232:
1+25 LC 52 0701
2+House Bill 232
3+By: Representatives Silcox of the 53
4+rd
5+, Hawkins of the 27
6+th
7+, and Powell of the 33
8+rd
9+
410 A BILL TO BE ENTITLED
511 AN ACT
6-To amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to1
12+To amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to
13+1
714 massage therapy practice, so as to enter into an interstate compact known as the "Interstate2
8-Massage Compact" and to increase the number of education hours applicable to licensed3
9-massage therapists; to authorize the Georgia Board of Massage Therapy to administer the4
10-compact in this state; to provide definitions; to provide for conditions; to provide for5
11-eligibility; to provide for related matters; to repeal conflicting laws; and for other purposes.6
12-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
13-SECTION 1.8
14-Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage9
15-therapy practice, is amended by revising paragraph (6) of Code Section 43-24A-3, relating10
16-to definitions, as follows:11
17-"(6) 'License' means a valid and current certificate of registration issued by the board12
18-pursuant to this chapter to practice massage therapy or a multistate license issued13
19-pursuant to the Interstate Massage Compact contained in Article 3 of this chapter."14
20-- 1 - 25 LC 55 0611S
21-SECTION 2.15
22-Said chapter is further amended by revising subsection (b) of Code Section 43-24A-7,16
23-relating to the powers of the Georgia Board of Massage Therapy, as follows:17
24-"(b) The board shall have the power to:18
25-(1) Examine and determine the qualifications and fitness of applicants for licenses to19
26-practice massage therapy in this state;20
27-(2) Issue, renew, refuse to renew, deny, suspend, or revoke licenses to practice massage21
28-therapy in this state or otherwise discipline licensed massage therapists;22
29-(3) Conduct investigations for the purpose of discovering violations of this chapter or23
30-grounds for disciplining persons or entities acting in violation of this chapter;24
31-(4) Initiate on-site inspections of the facility, equipment, policies, and practices of a25
32-massage therapy business or board recognized massage therapy educational program by26
33-appropriate inspectors in the office of the Secretary of State for the purpose of27
34-determining compliance with the standards established pursuant to this chapter;28
35-(5) Hold hearings on all matters properly brought before the board and, in conjunction29
36-therewith, to administer oaths, receive evidence, make the necessary determinations, and30
37-enter orders consistent with the findings. The board may designate one or more of its31
38-members as its hearing officer;32
39-(6) Adopt, revise, and enforce rules concerning advertising by licensees including, but33
40-not limited to, rules to prohibit false, misleading, or deceptive practices;34
41-(7) Periodically evaluate board recognized massage therapy educational programs and35
42-license such programs that meet the board's requirements;36
43-(8) Develop and enforce standards for continuing education courses required of licensed37
44-massage therapists which may include courses in massage therapy or any of the38
45-modalities described in paragraphs (5) through (8) of subsection (a) of Code Section39
46-43-24A-19;40
47-- 2 - 25 LC 55 0611S
48-(9) Develop and enforce reasonable and uniform standards for massage therapy41
49-educational programs and massage therapy practice;42
50-(10) Deny or withdraw recognition of noncompliant massage therapy educational43
51-programs that do not meet standards established pursuant to this chapter;44
52-(11) Appoint standing or ad hoc committees as necessary to inform and make45
53-recommendations to the board about issues and concerns of the massage therapy46
54-profession and to facilitate communication amongst the board, licensees under this47
55-chapter, and the community, which may include nonmembers of the board;48
56-(12) Collect and publish data regarding existing massage therapy resources in Georgia49
57-without violation of any state or federal privacy laws and coordinate planning for board50
58-recognized massage therapy educational programs and practice;51
59-(13) Adopt an official seal; and52
60-(14) Bring proceedings to the courts for the enforcement of this chapter or any rules and53
61-regulations promulgated pursuant to this chapter; and54
62-(15) Administer the Interstate Massage Compact contained in Article 3 of this chapter."55
63-SECTION 3.56
64-Said chapter is further amended by revising paragraph (6) of subsection (b) of Code57
65-Section 43-24A-8, relating to licensure of massage therapists, application, and requirements,58
66-as follows:59
67-"(6) The applicant has completed successfully a board recognized massage therapy60
68-educational program consisting of a minimum of 500 625 hours of course and clinical61
69-work;"62
70-SECTION 4.63
71-Said chapter is further amended by adding a new article to read as follows:64
72-- 3 - 25 LC 55 0611S
73-"ARTICLE 365
74-43-24A-40.66
75-This article shall be known and may be cited as the 'Interstate Massage Compact Act.'67
76-43-24A-41.68
77-The Interstate Massage Compact is enacted into law and entered into by the State of69
78-Georgia with any and all other states legally joining therein in the form substantially as70
79-follows:71
80-'INTERSTATE MASSAGE COMPACT72
81-ARTICLE 1- PURPOSE73
82-The purpose of this Compact is to reduce the burdens on State governments and to facilitate74
83-the interstate practice and regulation of Massage Therapy with the goal of improving public75
84-access to, and the safety of, Massage Therapy Services. Through this Compact, the76
85-Member States seek to establish a regulatory framework which provides for a new77
86-multistate licensing program. Through this additional licensing pathway, the Member78
87-States seek to provide increased value and mobility to licensed massage therapists in the79
88-Member States, while ensuring the provision of safe, competent, and reliable services to80
89-the public.81
90-This Compact is designed to achieve the following objectives, and the Member States82
91-hereby ratify the same intentions by subscribing hereto:83
92-A. Increase public access to Massage Therapy Services by providing for a multistate84
93-licensing pathway;85
94-B. Enhance the Member States' ability to protect the public's health and safety;86
95-C. Enhance the Member States' ability to prevent human trafficking and licensure fraud;87
96-- 4 - 25 LC 55 0611S
97-D. Encourage the cooperation of Member States in regulating the multistate Practice of88
98-Massage Therapy;89
99-E. Support relocating military members and their spouses;90
100-F. Facilitate and enhance the exchange of licensure, investigative, and disciplinary91
101-information between the Member States;92
102-G. Create an Interstate Commission that will exist to implement and administer the93
103-Compact;94
104-H. Allow a Member State to hold a Licensee accountable, even where that Licensee holds95
105-a Multistate License;96
106-I. Create a streamlined pathway for Licensees to practice in Member States, thus97
107-increasing the mobility of duly licensed massage therapists; and98
108-J. Serve the needs of licensed massage therapists and the public receiving their services;99
109-however,100
110-K. Nothing in this Compact is intended to prevent a State from enforcing its own laws101
111-regarding the Practice of Massage Therapy.102
112-ARTICLE 2- DEFINITIONS103
113-As used in this Compact, except as otherwise provided and subject to clarification by the104
114-Rules of the Commission, the following definitions shall govern the terms herein:105
115-A. "Active Duty Military" - any individual in full-time duty status in the active uniformed106
116-service of the United States including members of the National Guard and Reserve.107
117-B. "Adverse Action" - any administrative, civil, equitable, or criminal action permitted by108
118-a Member State's laws which is imposed by a Licensing Authority or other regulatory body109
119-against a Licensee, including actions against an individual's Authorization to Practice such110
120-as revocation, suspension, probation, surrender in lieu of discipline, monitoring of the111
121-Licensee, limitation of the Licensee's practice, or any other Encumbrance on licensure112
122-- 5 - 25 LC 55 0611S
123-affecting an individual's ability to practice Massage Therapy, including the issuance of a113
124-cease and desist order.114
125-C. "Alternative Program" - a non-disciplinary monitoring or prosecutorial diversion115
126-program approved by a Member State's Licensing Authority.116
127-D. "Authorization to Practice" - a legal authorization by a Remote State pursuant to a117
128-Multistate License permitting the Practice of Massage Therapy in that Remote State, which118
129-shall be subject to the enforcement jurisdiction of the Licensing Authority in that Remote119
130-State.120
131-E. "Background Check" - the submission of an applicant's criminal history record121
132-information, as further defined in 28 C.F.R. ยง 20.3(d), as amended from the Federal Bureau122
133-of Investigation and the agency responsible for retaining State criminal records in the123
134-applicant's Home State.124
135-F. "Charter Member States" - Member States who have enacted legislation to adopt this125
136-Compact where such legislation predates the effective date of this Compact as defined in126
137-Article 12.127
138-G. "Commission" - the government agency whose membership consists of all States that128
139-have enacted this Compact, which is known as the Interstate Massage Compact129
140-Commission, as defined in Article 8, and which shall operate as an instrumentality of the130
141-Member States.131
142-H. "Continuing Competence" - a requirement, as a condition of license renewal, to provide132
143-evidence of participation in, and completion of, educational or professional activities that133
144-maintain, improve, or enhance Massage Therapy fitness to practice.134
145-I. "Current Significant Investigative Information" - Investigative Information that a135
146-Licensing Authority, after an inquiry or investigation that complies with a Member State's136
147-due process requirements, has reason to believe is not groundless and, if proved true, would137
148-indicate a violation of that State's laws regarding the Practice of Massage Therapy.138
149-- 6 - 25 LC 55 0611S
150-J. "Data System" - a repository of information about Licensees who hold Multistate139
151-Licenses, which may include but is not limited to license status, Investigative Information,140
152-and Adverse Actions.141
153-K. "Disqualifying Event" - any event which shall disqualify an individual from holding142
154-a Multistate License under this Compact, which the Commission may by Rule specify.143
155-L. "Encumbrance" - a revocation or suspension of, or any limitation or condition on, the144
156-full and unrestricted Practice of Massage Therapy by a Licensing Authority.145
157-M. "Executive Committee" - a group of delegates elected or appointed to act on behalf of,146
158-and within the powers granted to them by, the Commission.147
159-N. "Home State" - means the Member State which is a Licensee's primary state of148
160-residence where the Licensee holds an active Single-State License.149
161-O. "Investigative Information" - information, records, or documents received or generated150
162-by a Licensing Authority pursuant to an investigation or other inquiry.151
163-P. "Licensing Authority" - a State's regulatory body responsible for issuing Massage152
164-Therapy licenses or otherwise overseeing the Practice of Massage Therapy in that State.153
165-Q. "Licensee" - an individual who currently holds a license from a Member State to fully154
166-practice Massage Therapy, whose license is not a student, provisional, temporary, inactive,155
167-or other similar status.156
168-R. "Massage Therapy", "Massage Therapy Services", and the "Practice of Massage157
169-Therapy" - the care and services provided by a Licensee as set forth in the Member State's158
170-statutes and regulations in the State where the services are being provided.159
171-S. "Member State" - any State that has adopted this Compact.160
172-T. "Multistate License" - a license that consists of Authorizations to Practice Massage161
173-Therapy in all Remote States pursuant to this Compact, which shall be subject to the162
174-enforcement jurisdiction of the Licensing Authority in a Licensee's Home State.163
175-U. "National Licensing Examination" - A national examination developed by a national164
176-association of Massage Therapy regulatory boards, as defined by Commission Rule, that165
177-- 7 - 25 LC 55 0611S
178-is derived from a practice analysis and is consistent with generally accepted psychometric166
179-principles of fairness, validity and reliability, and is administered under secure and167
180-confidential examination protocols.168
181-V. "Remote State" - any Member State, other than the Licensee's Home State.169
182-W. "Rule" - any opinion or regulation promulgated by the Commission under this170
183-Compact, which shall have the force of law.171
184-X. "Single-State License" - a current, valid authorization issued by a Member State's172
185-Licensing Authority allowing an individual to fully practice Massage Therapy, that is not173
186-a restricted, student, provisional, temporary, or inactive practice authorization and174
187-authorizes practice only within the issuing State.175
188-Y. "State" - a state, territory, possession of the United States, or the District of Columbia.176
189-ARTICLE 3- MEMBER STATE REQUIREMENTS177
190-A. To be eligible to join this Compact, and to maintain eligibility as a Member State, a178
191-State must:179
192-1. License and regulate the Practice of Massage Therapy;180
193-2. Have a mechanism or entity in place to receive and investigate complaints from the181
194-public, regulatory or law enforcement agencies, or the Commission about Licensees182
195-practicing in that State;183
196-3. Accept passage of a National Licensing Examination as a criterion for Massage184
197-Therapy licensure in that State;185
198-4. Require that Licensees satisfy educational requirements prior to being licensed to186
199-provide Massage Therapy Services to the public in that State;187
200-5. Implement procedures for requiring the Background Check of applicants for a188
201-Multistate License, and for the reporting of any Disqualifying Events, including but not189
202-limited to obtaining and submitting, for each Licensee holding a Multistate License and190
203-each applicant for a Multistate License, fingerprint or other biometric-based information191
204-- 8 - 25 LC 55 0611S
205-to the Federal Bureau of Investigation for Background Checks; receiving the results of192
206-the Federal Bureau of Investigation record search on Background Checks and considering193
207-the results of such a Background Check in making licensure decisions;194
208-6. Have Continuing Competence requirements as a condition for license renewal;195
209-7. Participate in the Data System, including through the use of unique identifying196
210-numbers as described herein;197
211-8. Notify the Commission and other Member States, in compliance with the terms of the198
212-Compact and Rules of the Commission, of any disciplinary action taken by the State199
213-against a Licensee practicing under a Multistate License in that State, or of the existence200
214-of Investigative Information or Current Significant Investigative Information regarding201
215-a Licensee practicing in that State pursuant to a Multistate License;202
216-9. Comply with the Rules of the Commission;203
217-10. Accept Licensees with valid Multistate Licenses from other Member States as204
218-established herein;205
219-B. Individuals not residing in a Member State shall continue to be able to apply for a206
220-Member State's Single-State License as provided under the laws of each Member State. 207
221-However, the Single-State License granted to those individuals shall not be recognized as208
222-granting a Multistate License for Massage Therapy in any other Member State;209
223-C. Nothing in this Compact shall affect the requirements established by a Member State210
224-for the issuance of a Single-State License; and211
225-D. A Multistate License issued to a Licensee shall be recognized by each Remote State as212
226-an Authorization to Practice Massage Therapy in each Remote State.213
227-ARTICLE 4- MULTISTATE LICENSE REQUIREMENTS214
228-A. To qualify for a Multistate License under this Compact, and to maintain eligibility for215
229-such a license, an applicant must:216
230-- 9 - 25 LC 55 0611S
231-1. Hold an active Single-State License to practice Massage Therapy in the applicant's217
232-Home State;218
233-2. Have completed at least six hundred and twenty-five (625) clock hours of Massage219
234-Therapy education or the substantial equivalent which the Commission may approve by220
235-Rule.221
236-3. Have passed a National Licensing Examination or the substantial equivalent which the222
237-Commission may approve by Rule.223
238-4. Submit to a Background Check;224
239-5. Have not been convicted or found guilty, or have entered into an agreed disposition,225
240-of a felony offense under applicable State or federal criminal law, within five (5) years226
241-prior to the date of their application, where such a time period shall not include any time227
242-served for the offense, and provided that the applicant has completed any and all228
243-requirements arising as a result of any such offense;229
244-6. Have not been convicted or found guilty, or have entered into an agreed disposition,230
245-of a misdemeanor offense related to the Practice of Massage Therapy under applicable231
246-State or federal criminal law, within two (2) years prior to the date of their application232
247-where such a time period shall not include any time served for the offense, and provided233
248-that the applicant has completed any and all requirements arising as a result of any such234
249-offense;235
250-7. Have not been convicted or found guilty, or have entered into an agreed disposition,236
251-of any offense, whether a misdemeanor or a felony, under State or federal law, at any237
252-time, relating to any of the following:238
253-a. Kidnapping;239
254-b. Human trafficking;240
255-c. Human smuggling;241
256-d. Sexual battery, sexual assault, or any related offenses; or242
257-e. Any other category of offense which the Commission may by Rule designate.243
258-- 10 - 25 LC 55 0611S
259-8. Have not previously held a Massage Therapy license which was revoked by, or244
260-surrendered in lieu of discipline to an applicable Licensing Authority;245
261-9. Have no history of any Adverse Action on any occupational or professional license246
262-within two (2) years prior to the date of their application; and247
263-10. Pay all required fees.248
264-B. A Multistate License granted pursuant to this Compact may be effective for a definite249
265-period of time concurrent with the renewal of the Home State license.250
266-C. A Licensee practicing in a Member State is subject to all scope of practice laws251
267-governing Massage Therapy Services in that State.252
268-D. The Practice of Massage Therapy under a Multistate License granted pursuant to this253
269-Compact will subject the Licensee to the jurisdiction of the Licensing Authority, the courts,254
270-and the laws of the Member State in which the Massage Therapy Services are provided.255
271-ARTICLE 5- AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION256
272-AND MEMBER STATE LICENSING AUTHORITIES257
273-A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,258
274-restrict, or in any way reduce the ability of a Member State to enact and enforce laws,259
275-regulations, or other rules related to the Practice of Massage Therapy in that State, where260
276-those laws, regulations, or other rules are not inconsistent with the provisions of this261
277-Compact.262
278-B. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,263
279-restrict, or in any way reduce the ability of a Member State to take Adverse Action against264
280-a Licensee's Single-State License to practice Massage Therapy in that State.265
281-C. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,266
282-restrict, or in any way reduce the ability of a Remote State to take Adverse Action against267
283-a Licensee's Authorization to Practice in that State.268
284-- 11 - 25 LC 55 0611S
285-D. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,269
286-restrict, or in any way reduce the ability of a Licensee's Home State to take Adverse Action270
287-against a Licensee's Multistate License based upon information provided by a Remote271
288-State.272
289-E. Insofar as practical, a Member State's Licensing Authority shall cooperate with the273
290-Commission and with each entity exercising independent regulatory authority over the274
291-Practice of Massage Therapy according to the provisions of this Compact.275
292-ARTICLE 6- ADVERSE ACTIONS276
293-A. A Licensee's Home State shall have exclusive power to impose an Adverse Action277
294-against a Licensee's Multistate License issued by the Home State.278
295-B. A Home State may take Adverse Action on a Multistate License based on the279
296-Investigative Information, Current Significant Investigative Information, or Adverse Action280
297-of a Remote State.281
298-C. A Home State shall retain authority to complete any pending investigations of a282
299-Licensee practicing under a Multistate License who changes their Home State during the283
300-course of such an investigation. The Licensing Authority shall also be empowered to284
301-report the results of such an investigation to the Commission through the Data System as285
302-described herein.286
303-D. Any Member State may investigate actual or alleged violations of the scope of practice287
304-laws in any other Member State for a massage therapist who holds a Multistate License.288
305-E. A Remote State shall have the authority to:289
306-1. Take Adverse Actions against a Licensee's Authorization to Practice;290
307-2. Issue cease and desist orders or impose an Encumbrance on a Licensee's Authorization291
308-to Practice in that State.292
309-3. Issue subpoenas for both hearings and investigations that require the attendance and293
310-testimony of witnesses, as well as the production of evidence. Subpoenas issued by a294
311-- 12 - 25 LC 55 0611S
312-Licensing Authority in a Member State for the attendance and testimony of witnesses or295
313-the production of evidence from another Member State shall be enforced in the latter296
314-State by any court of competent jurisdiction, according to the practice and procedure of297
315-that court applicable to subpoenas issued in proceedings before it. The issuing Licensing298
316-Authority shall pay any witness fees, travel expenses, mileage, and other fees required299
317-by the service statutes of the State in which the witnesses or evidence are located.300
318-4. If otherwise permitted by State law, recover from the affected Licensee the costs of301
319-investigations and disposition of cases resulting from any Adverse Action taken against302
320-that Licensee.303
321-5. Take Adverse Action against the Licensee's Authorization to Practice in that State304
322-based on the factual findings of another Member State.305
323-F. If an Adverse Action is taken by the Home State against a Licensee's Multistate License306
324-or Single-State License to practice in the Home State, the Licensee's Authorization to307
325-Practice in all other Member States shall be deactivated until all Encumbrances have been308
326-removed from such license. All Home State disciplinary orders that impose an Adverse309
327-Action against a Licensee shall include a statement that the Massage Therapist's310
328-Authorization to Practice is deactivated in all Member States during the pendency of the311
329-order.312
330-G. If Adverse Action is taken by a Remote State against a Licensee's Authorization to313
331-Practice, that Adverse Action applies to all Authorizations to Practice in all Remote States. 314
332-A Licensee whose Authorization to Practice in a Remote State is removed for a specified315
333-period of time is not eligible to apply for a new Multistate License in any other State until316
334-the specific time for removal of the Authorization to Practice has passed and all317
335-encumbrance requirements are satisfied.318
336-H. Nothing in this Compact shall override a Member State's authority to accept a319
337-Licensee's participation in an Alternative Program in lieu of Adverse Action. A Licensee's320
338-- 13 - 25 LC 55 0611S
339-Multistate License shall be suspended for the duration of the Licensee's participation in any321
340-Alternative Program.322
341-I. Joint Investigations323
342-1. In addition to the authority granted to a Member State by its respective scope of324
343-practice laws or other applicable State law, a Member State may participate with other325
344-Member States in joint investigations of Licensees.326
345-2. Member States shall share any investigative, litigation, or compliance materials in327
346-furtherance of any joint or individual investigation initiated under the Compact.328
347-ARTICLE 7- ACTIVE DUTY MILITARY AND THEIR SPOUSES329
348-Active Duty Military personnel, or their spouses, shall designate a Home State where the330
349-individual has a current license to practice Massage Therapy in good standing. The331
350-individual may retain their Home State designation during any period of service when that332
351-individual or their spouse is on active duty assignment.333
352-ARTICLE 8- ESTABLISHMENT AND OPERATION OF334
353-INTERSTATE MASSAGE COMPACT COMMISSION335
354-A. The Compact Member States hereby create and establish a joint government agency336
355-whose membership consists of all Member States that have enacted the Compact known337
356-as the Interstate Massage Compact Commission. The Commission is an instrumentality338
357-of the Compact States acting jointly and not an instrumentality of any one State. The339
358-Commission shall come into existence on or after the effective date of the Compact as set340
359-forth in Article 12.341
360-B. Membership, Voting, and Meetings342
361-1. Each Member State shall have and be limited to one (1) delegate selected by that343
362-Member State's State Licensing Authority.344
363-- 14 - 25 LC 55 0611S
364-2. The delegate shall be the primary administrative officer of the State Licensing345
365-Authority or their designee.346
366-3. The Commission shall by Rule or bylaw establish a term of office for delegates and347
367-may by Rule or bylaw establish term limits.348
368-4. The Commission may recommend removal or suspension of any delegate from office.349
369-5. A Member State's State Licensing Authority shall fill any vacancy of its delegate350
370-occurring on the Commission within 60 days of the vacancy.351
371-6. Each delegate shall be entitled to one vote on all matters that are voted on by the352
372-Commission.353
373-7. The Commission shall meet at least once during each calendar year. Additional354
374-meetings may be held as set forth in the bylaws. The Commission may meet by355
375-telecommunication, video conference or other similar electronic means.356
376-C. The Commission shall have the following powers:357
377-1. Establish the fiscal year of the Commission;358
378-2. Establish code of conduct and conflict of interest policies;359
379-3. Adopt Rules and bylaws;360
380-4. Maintain its financial records in accordance with the bylaws;361
381-5. Meet and take such actions as are consistent with the provisions of this Compact, the362
382-Commission's Rules, and the bylaws;363
383-6. Initiate and conclude legal proceedings or actions in the name of the Commission,364
384-provided that the standing of any State Licensing Authority to sue or be sued under365
385-applicable law shall not be affected;366
386-7. Maintain and certify records and information provided to a Member State as the367
387-authenticated business records of the Commission, and designate an agent to do so on the368
388-Commission's behalf;369
389-8. Purchase and maintain insurance and bonds;370
390-- 15 - 25 LC 55 0611S
391-9. Borrow, accept, or contract for services of personnel, including, but not limited to,371
392-employees of a Member State;372
393-10. Conduct an annual financial review;373
394-11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such374
395-individuals appropriate authority to carry out the purposes of the Compact, and establish375
396-the Commission's personnel policies and programs relating to conflicts of interest,376
397-qualifications of personnel, and other related personnel matters;377
398-12. Assess and collect fees;378
399-13. Accept any and all appropriate gifts, donations, grants of money, other sources of379
400-revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose380
401-of the same; provided that at all times the Commission shall avoid any appearance of381
402-impropriety or conflict of interest;382
403-14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or383
404-mixed, or any undivided interest therein;384
405-15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of385
406-any property real, personal, or mixed;386
407-16. Establish a budget and make expenditures;387
408-17. Borrow money;388
409-18. Appoint committees, including standing committees, composed of members, State389
410-regulators, State legislators or their representatives, and consumer representatives, and390
411-such other interested persons as may be designated in this Compact and the bylaws;391
412-19. Accept and transmit complaints from the public, regulatory or law enforcement392
413-agencies, or the Commission, to the relevant Member State(s) regarding potential393
414-misconduct of Licensees;394
415-20. Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of the395
416-Commission as provided in the Commission's bylaws;396
417-21. Establish and elect an Executive Committee, including a chair and a vice chair;397
418-- 16 - 25 LC 55 0611S
419-22. Adopt and provide to the Member States an annual report.398
420-23. Determine whether a State's adopted language is materially different from the model399
421-Compact language such that the State would not qualify for participation in the Compact;400
422-and401
423-24. Perform such other functions as may be necessary or appropriate to achieve the402
424-purposes of this Compact.403
425-D. The Executive Committee404
426-1. The Executive Committee shall have the power to act on behalf of the Commission405
427-according to the terms of this Compact. The powers, duties, and responsibilities of the406
428-Executive Committee shall include:407
429-a. Overseeing the day-to-day activities of the administration of the Compact including 408
430-compliance with the provisions of the Compact, the Commission's Rules and bylaws,409
431-and other such duties as deemed necessary;410
432-b. Recommending to the Commission changes to the Rules or bylaws, changes to this411
433-Compact legislation, fees charged to Compact Member States, fees charged to412
434-Licensees, and other fees;413
435-c. Ensuring Compact administration services are appropriately provided, including by414
436-contract;415
437-d. Preparing and recommending the budget;416
438-e. Maintaining financial records on behalf of the Commission;417
439-f. Monitoring Compact compliance of Member States and providing compliance418
440-reports to the Commission;419
441-g. Establishing additional committees as necessary;420
442-h. Exercise the powers and duties of the Commission during the interim between421
443-Commission meetings, except for adopting or amending Rules, adopting or amending422
444-bylaws, and exercising any other powers and duties expressly reserved to the423
445-Commission by Rule or bylaw; and424
446-- 17 - 25 LC 55 0611S
447-i. Other duties as provided in the Rules or bylaws of the Commission.425
448-2. The Executive Committee shall be composed of seven voting members and up to two426
449-exofficio members as follows:427
450-a. The chair and vice chair of the Commission and any other members of the428
451-Commission who serve on the Executive Committee shall be voting members of the429
452-Executive Committee; and430
453-b. Other than the chair, vice-chair, secretary and treasurer, the Commission shall elect431
454-three voting members from the current membership of the Commission.432
455-c. The Commission may elect ex-officio, nonvoting members as necessary as follows:433
456-i. One ex-officio member who is a representative of the national association of State434
457-Massage Therapy regulatory boards435
458-ii. One ex-officio member as specified in the Commission's bylaws.436
459-3. The Commission may remove any member of the Executive Committee as provided437
460-in the Commission's bylaws.438
461-4. The Executive Committee shall meet at least annually.439
462-a. Executive Committee meetings shall be open to the public, except that the Executive440
463-Committee may meet in a closed, non-public session of a public meeting when dealing441
464-with any of the matters covered under subsection F.4.442
465-b. The Executive Committee shall give five business days advance notice of its public443
466-meetings, posted on its website and as determined to provide notice to persons with an444
467-interest in the public matters the Executive Committee intends to address at those445
468-meetings.446
469-5. The Executive Committee may hold an emergency meeting when acting for the447
470-Commission to:448
471-a. Meet an imminent threat to public health, safety, or welfare;449
472-b. Prevent a loss of Commission or Participating State funds; or450
473-c. Protect public health and safety.451
474-- 18 - 25 LC 55 0611S
475-E. The Commission shall adopt and provide to the Member States an annual report.452
476-F. Meetings of the Commission453
477-1. All meetings of the Commission that are not closed pursuant to this subsection shall454
478-be open to the public. Notice of public meetings shall be posted on the Commission's455
479-website at least thirty (30) days prior to the public meeting.456
480-2. Notwithstanding subsection F.1 of this Article, the Commission may convene an457
481-emergency public meeting by providing at least twenty-four (24) hours prior notice on458
482-the Commission's website, and any other means as provided in the Commission's Rules,459
483-for any of the reasons it may dispense with notice of proposed rulemaking under Article460
484-10.L. The Commission's legal counsel shall certify the that one of the reasons justifying461
485-an emergency public meeting has been met.462
486-3. Notice of all Commission meetings shall provide the time, date, and location of the463
487-meeting, and if the meeting is to be held or accessible via telecommunication, video464
488-conference, or other electronic means, the notice shall include the mechanism for access465
489-to the meeting.466
490-4. The Commission may convene in a closed, non-public meeting for the Commission467
491-to discuss:468
492-a. Non-compliance of a Member State with its obligations under the Compact;469
493-b. The employment, compensation, discipline or other matters, practices or procedures470
494-related to specific employees or other matters related to the Commission's internal471
495-personnel practices and procedures;472
496-c. Current or threatened discipline of a Licensee by the Commission or by a Member473
497-State's Licensing Authority;474
498-d. Current, threatened, or reasonably anticipated litigation;475
499-e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real476
500-estate;477
501-f. Accusing any person of a crime or formally censuring any person;478
502-- 19 - 25 LC 55 0611S
503-g. Trade secrets or commercial or financial information that is privileged or479
504-confidential;480
505-h. Information of a personal nature where disclosure would constitute a clearly481
506-unwarranted invasion of personal privacy;482
507-i. Investigative records compiled for law enforcement purposes;483
508-j. Information related to any investigative reports prepared by or on behalf of or for use484
509-of the Commission or other committee charged with responsibility of investigation or485
510-determination of compliance issues pursuant to the Compact;486
511-k. Legal advice;487
512-l. Matters specifically exempted from disclosure to the public by federal or Member488
513-State law; or489
514-m. Other matters as promulgated by the Commission by Rule.490
515-5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the491
516-meeting will be closed and reference each relevant exempting provision, and such492
517-reference shall be recorded in the minutes.493
518-6. The Commission shall keep minutes that fully and clearly describe all matters494
519-discussed in a meeting and shall provide a full and accurate summary of actions taken,495
520-and the reasons therefore, including a description of the views expressed. All documents496
521-considered in connection with an action shall be identified in such minutes. All minutes497
522-and documents of a closed meeting shall remain under seal, subject to release only by a498
523-majority vote of the Commission or order of a court of competent jurisdiction.499
524-G. Financing of the Commission500
525-1. The Commission shall pay, or provide for the payment of, the reasonable expenses of501
526-its establishment, organization, and ongoing activities.502
527-2. The Commission may accept any and all appropriate sources of revenue, donations,503
528-and grants of money, equipment, supplies, materials, and services.504
529-- 20 - 25 LC 55 0611S
530-3. The Commission may levy on and collect an annual assessment from each Member505
531-State and impose fees on Licensees of Member States to whom it grants a Multistate506
532-License to cover the cost of the operations and activities of the Commission and its staff,507
533-which must be in a total amount sufficient to cover its annual budget as approved each508
534-year for which revenue is not provided by other sources. The aggregate annual509
535-assessment amount for Member States shall be allocated based upon a formula that the510
536-Commission shall promulgate by Rule.511
537-4. The Commission shall not incur obligations of any kind prior to securing the funds512
538-adequate to meet the same; nor shall the Commission pledge the credit of any Member513
539-States, except by and with the authority of the Member State.514
540-5. The Commission shall keep accurate accounts of all receipts and disbursements. The515
541-receipts and disbursements of the Commission shall be subject to the financial review and516
542-accounting procedures established under its bylaws. All receipts and disbursements of517
543-funds handled by the Commission shall be subject to an annual financial review by a518
544-certified or licensed public accountant, and the report of the financial review shall be519
545-included in and become part of the annual report of the Commission.520
546-H. Qualified Immunity, Defense, and Indemnification521
547-1. The members, officers, executive director, employees and representatives of the522
548-Commission shall be immune from suit and liability, both personally and in their official523
549-capacity, for any claim for damage to or loss of property or personal injury or other civil524
550-liability caused by or arising out of any actual or alleged act, error, or omission that525
551-occurred, or that the person against whom the claim is made had a reasonable basis for526
552-believing occurred within the scope of Commission employment, duties or527
553-responsibilities; provided that nothing in this paragraph shall be construed to protect any528
554-such person from suit or liability for any damage, loss, injury, or liability caused by the529
555-intentional or willful or wanton misconduct of that person. The procurement of insurance530
556-- 21 - 25 LC 55 0611S
557-of any type by the Commission shall not in any way compromise or limit the immunity531
558-granted hereunder.532
559-2. The Commission shall defend any member, officer, executive director, employee, and533
560-representative of the Commission in any civil action seeking to impose liability arising534
561-out of any actual or alleged act, error, or omission that occurred within the scope of535
562-Commission employment, duties, or responsibilities, or as determined by the Commission536
563-that the person against whom the claim is made had a reasonable basis for believing537
564-occurred within the scope of Commission employment, duties, or responsibilities;538
565-provided that nothing herein shall be construed to prohibit that person from retaining their539
566-own counsel at their own expense; and provided further, that the actual or alleged act,540
567-error, or omission did not result from that person's intentional or willful or wanton541
568-misconduct.542
569-3. The Commission shall indemnify and hold harmless any member, officer, executive543
570-director, employee, and representative of the Commission for the amount of any544
571-settlement or judgment obtained against that person arising out of any actual or alleged545
572-act, error, or omission that occurred within the scope of Commission employment, duties,546
573-or responsibilities, or that such person had a reasonable basis for believing occurred547
574-within the scope of Commission employment, duties, or responsibilities, provided that548
575-the actual or alleged act, error, or omission did not result from the intentional or willful549
576-or wanton misconduct of that person.550
577-4. Nothing herein shall be construed as a limitation on the liability of any Licensee for551
578-professional malpractice or misconduct, which shall be governed solely by any other552
579-applicable State laws.553
580-5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member554
581-State's State action immunity or State action affirmative defense with respect to antitrust555
582-claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or556
583-anticompetitive law or regulation.557
584-- 22 - 25 LC 55 0611S
585-6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by558
586-the Member States or by the Commission.559
587-ARTICLE 9- DATA SYSTEM560
588-A. The Commission shall provide for the development, maintenance, operation, and561
589-utilization of a coordinated database and reporting system.562
590-B. The Commission shall assign each applicant for a Multistate License a unique563
591-identifier, as determined by the Rules of the Commission.564
592-C. Notwithstanding any other provision of State law to the contrary, a Member State shall565
593-submit a uniform data set to the Data System on all individuals to whom this Compact is566
594-applicable as required by the Rules of the Commission, including:567
595-1. Identifying information;568
596-2. Licensure data;569
597-3. Adverse Actions against a license and information related thereto;570
598-4. Non-confidential information related to Alternative Program participation, the571
599-beginning and ending dates of such participation, and other information related to such572
600-participation;573
601-5. Any denial of application for licensure, and the reason(s) for such denial (excluding574
602-the reporting of any criminal history record information where prohibited by law);575
603-6. The existence of Investigative Information;576
604-7. The existence presence of Current Significant Investigative Information; and577
605-8. Other information that may facilitate the administration of this Compact or the578
606-protection of the public, as determined by the Rules of the Commission.579
607-D. The records and information provided to a Member State pursuant to this Compact or580
608-through the Data System, when certified by the Commission or an agent thereof, shall581
609-constitute the authenticated business records of the Commission, and shall be entitled to582
610-- 23 - 25 LC 55 0611S
611-any associated hearsay exception in any relevant judicial, quasi-judicial or administrative583
612-proceedings in a Member State.584
613-E. The existence of Current Significant Investigative Information and the existence of585
614-Investigative Information pertaining to a Licensee in any Member State will only be586
615-available to other Member States.587
616-F. It is the responsibility of the Member States to report any Adverse Action against a588
617-Licensee who holds a Multistate License and to monitor the database to determine whether589
618-Adverse Action has been taken against such a Licensee or License applicant. Adverse590
619-Action information pertaining to a Licensee or License applicant in any Member State will591
620-be available to any other Member State.592
621-G. Member States contributing information to the Data System may designate information593
622-that may not be shared with the public without the express permission of the contributing594
623-State.595
624-H. Any information submitted to the Data System that is subsequently expunged pursuant596
625-to federal law or the laws of the Member State contributing the information shall be597
626-removed from the Data System.598
627-ARTICLE 10- RULEMAKING599
628-A. The Commission shall promulgate reasonable Rules in order to effectively and600
629-efficiently implement and administer the purposes and provisions of the Compact. A Rule601
630-shall be invalid and have no force or effect only if a court of competent jurisdiction holds602
631-that the Rule is invalid because the Commission exercised its rulemaking authority in a603
632-manner that is beyond the scope and purposes of the Compact, or the powers granted604
633-hereunder, or based upon another applicable standard of review.605
634-B. The Rules of the Commission shall have the force of law in each Member State,606
635-provided however that where the Rules of the Commission conflict with the laws of the607
636-Member State that establish the Member State's scope of practice as held by a court of608
637-- 24 - 25 LC 55 0611S
638-competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the609
639-extent of the conflict.610
640-C. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth611
641-in this article and the Rules adopted thereunder. Rules shall become binding as of the date612
642-specified by the Commission for each Rule.613
643-D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule,614
644-by enactment of a statute or resolution in the same manner used to adopt the Compact615
645-within four (4) years of the date of adoption of the Rule, then such Rule shall have no616
646-further force and effect in any Member State or to any State applying to participate in the617
647-Compact.618
648-E. Rules shall be adopted at a regular or special meeting of the Commission.619
649-F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and620
650-allow persons to provide oral and written comments, data, facts, opinions, and arguments.621
651-G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days622
652-in advance of the meeting at which the Commission will hold a public hearing on the623
653-proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:624
654-1. On the website of the Commission or other publicly accessible platform;625
655-2. To persons who have requested notice of the Commission's notices of proposed626
656-rulemaking, and627
657-3. In such other way(s) as the Commission may by Rule specify.628
658-H. The Notice of Proposed Rulemaking shall include:629
659-1. The time, date, and location of the public hearing at which the Commission will hear630
660-public comments on the proposed Rule and, if different, the time, date, and location of631
661-the meeting where the Commission will consider and vote on the proposed Rule;632
662-2. If the hearing is held via telecommunication, video conference, or other electronic633
663-means, the Commission shall include the mechanism for access to the hearing in the634
664-Notice of Proposed Rulemaking;635
665-- 25 - 25 LC 55 0611S
666-3. The text of the proposed Rule and the reason therefor;636
667-4. A request for comments on the proposed Rule from any interested person; and637
668-5. The manner in which interested persons may submit written comments.638
669-I. All hearings will be recorded. A copy of the recording and all written comments and639
670-documents received by the Commission in response to the proposed Rule shall be available640
671-to the public.641
672-J. Nothing in this article shall be construed as requiring a separate hearing on each Rule. 642
673-Rules may be grouped for the convenience of the Commission at hearings required by this643
674-article.644
675-K. The Commission shall, by majority vote of all Commissioners, take final action on the645
676-proposed Rule based on the Rulemaking record.646
677-1. The Commission may adopt changes to the proposed Rule provided the changes do647
678-not enlarge the original purpose of the proposed Rule.648
679-2. The Commission shall provide an explanation of the reasons for substantive changes649
680-made to the proposed Rule as well as reasons for substantive changes not made that were650
681-recommended by commenters.651
682-3. The Commission shall determine a reasonable effective date for the Rule. Except for652
683-an emergency as provided in subsection L of this article, the effective date of the Rule653
684-shall be no sooner than thirty (30) days after the Commission issuing the notice that it654
685-adopted or amended the Rule.655
686-L. Upon determination that an emergency exists, the Commission may consider and adopt656
687-an emergency Rule with 24 hours notice, provided that the usual Rulemaking procedures657
688-provided in the Compact and in this article shall be retroactively applied to the Rule as658
689-soon as reasonably possible, in no event later than ninety (90) days after the effective date659
690-of the Rule. For the purposes of this provision, an emergency Rule is one that must be660
691-adopted immediately to:661
692-1. Meet an imminent threat to public health, safety, or welfare;662
693-- 26 - 25 LC 55 0611S
694-2. Prevent a loss of Commission or Member State funds;663
695-3. Meet a deadline for the promulgation of a Rule that is established by federal law or664
696-rule; or665
697-4. Protect public health and safety.666
698-M. The Commission or an authorized committee of the Commission may direct revisions667
699-to a previously adopted Rule for purposes of correcting typographical errors, errors in668
700-format, errors in consistency, or grammatical errors. Public notice of any revisions shall669
701-be posted on the website of the Commission. The revision shall be subject to challenge by670
702-any person for a period of thirty (30) days after posting. The revision may be challenged671
703-only on grounds that the revision results in a material change to a Rule. A challenge shall672
704-be made in writing and delivered to the Commission prior to the end of the notice period. 673
705-If no challenge is made, the revision will take effect without further action. If the revision674
706-is challenged, the revision may not take effect without the approval of the Commission.675
707-N. No Member State's rulemaking requirements shall apply under this Compact.676
708-ARTICLE 11- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT677
709-A. Oversight678
710-1. The executive and judicial branches of State government in each Member State shall679
711-enforce this Compact and take all actions necessary and appropriate to implement the680
712-Compact.681
713-2. Venue is proper and judicial proceedings by or against the Commission shall be682
714-brought solely and exclusively in a court of competent jurisdiction where the principal683
715-office of the Commission is located. The Commission may waive venue and684
716-jurisdictional defenses to the extent it adopts or consents to participate in alternative685
717-dispute resolution proceedings. Nothing herein shall affect or limit the selection or686
718-propriety of venue in any action against a Licensee for professional malpractice,687
719-misconduct or any such similar matter.688
720-- 27 - 25 LC 55 0611S
721-3. The Commission shall be entitled to receive service of process in any proceeding689
722-regarding the enforcement or interpretation of the Compact and shall have standing to690
723-intervene in such a proceeding for all purposes. Failure to provide the Commission691
724-service of process shall render a judgment or order void as to the Commission, this692
725-Compact, or promulgated Rules.693
726-B. Default, Technical Assistance, and Termination694
727-1. If the Commission determines that a Member State has defaulted in the performance695
728-of its obligations or responsibilities under this Compact or the promulgated Rules, the696
729-Commission shall provide written notice to the defaulting State. The notice of default697
730-shall describe the default, the proposed means of curing the default, and any other action698
731-that the Commission may take, and shall offer training and specific technical assistance699
732-regarding the default.700
733-2. The Commission shall provide a copy of the notice of default to the other Member701
734-States.702
735-C. If a State in default fails to cure the default, the defaulting State may be terminated from703
736-the Compact upon an affirmative vote of a majority of the delegates of the Member States,704
737-and all rights, privileges and benefits conferred on that State by this Compact may be705
738-terminated on the effective date of termination. A cure of the default does not relieve the706
739-offending State of obligations or liabilities incurred during the period of default.707
740-D. Termination of membership in the Compact shall be imposed only after all other means708
741-of securing compliance have been exhausted. Notice of intent to suspend or terminate shall709
742-be given by the Commission to the governor, the majority and minority leaders of the710
743-defaulting State's legislature, the defaulting State's State Licensing Authority and each of711
744-the Member States' State Licensing Authority.712
745-E. A State that has been terminated is responsible for all assessments, obligations, and713
746-liabilities incurred through the effective date of termination, including obligations that714
747-extend beyond the effective date of termination.715
748-- 28 - 25 LC 55 0611S
749-F. Upon the termination of a State's membership from this Compact, that State shall716
750-immediately provide notice to all Licensees who hold a Multistate License within that State717
751-of such termination. The terminated State shall continue to recognize all licenses granted718
752-pursuant to this Compact for a minimum of one hundred eighty (180) days after the date719
753-of said notice of termination.720
754-G. The Commission shall not bear any costs related to a State that is found to be in default721
755-or that has been terminated from the Compact, unless agreed upon in writing between the722
756-Commission and the defaulting State.723
757-H. The defaulting State may appeal the action of the Commission by petitioning the U.S.724
758-District Court for the District of Columbia or the federal district where the Commission has725
759-its principal offices. The prevailing party shall be awarded all costs of such litigation,726
760-including reasonable attorney's fees.727
761-I. Dispute Resolution728
762-1. Upon request by a Member State, the Commission shall attempt to resolve disputes729
763-related to the Compact that arise among Member States and between Member and730
764-non-Member States.731
765-2. The Commission shall promulgate a Rule providing for both mediation and binding732
766-dispute resolution for disputes as appropriate.733
767-J. Enforcement734
768-1. The Commission, in the reasonable exercise of its discretion, shall enforce the735
769-provisions of this Compact and the Commission's Rules.736
770-2. By majority vote as provided by Commission Rule, the Commission may initiate legal737
771-action against a Member State in default in the United States District Court for the738
772-District of Columbia or the federal district where the Commission has its principal offices739
773-to enforce compliance with the provisions of the Compact and its promulgated Rules. 740
774-The relief sought may include both injunctive relief and damages. In the event judicial741
775-enforcement is necessary, the prevailing party shall be awarded all costs of such742
776-- 29 - 25 LC 55 0611S
777-litigation, including reasonable attorney's fees. The remedies herein shall not be the743
778-exclusive remedies of the Commission. The Commission may pursue any other remedies744
779-available under federal or the defaulting Member State's law.745
780-3. A Member State may initiate legal action against the Commission in the U.S. District746
781-Court for the District of Columbia or the federal district where the Commission has its747
782-principal offices to enforce compliance with the provisions of the Compact and its748
783-promulgated Rules. The relief sought may include both injunctive relief and damages. 749
784-In the event judicial enforcement is necessary, the prevailing party shall be awarded all750
785-costs of such litigation, including reasonable attorney's fees.751
786-4. No individual or entity other than a Member State may enforce this Compact against752
787-the Commission.753
788-ARTICLE 12- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT754
789-A. The Compact shall come into effect on the date on which the Compact statute is755
790-enacted into law in the seventh Member State.756
791-1. On or after the effective date of the Compact, the Commission shall convene and757
792-review the enactment of each of the Charter Member States to determine if the statute758
793-enacted by each such Charter Member State is materially different than the model759
794-Compact statute.760
795-a. A Charter Member State whose enactment is found to be materially different from761
796-the model Compact statute shall be entitled to the default process set forth in Article 11.762
797-b. If any Member State is later found to be in default, or is terminated or withdraws763
798-from the Compact, the Commission shall remain in existence and the Compact shall764
799-remain in effect even if the number of Member States should be less than seven (7).765
800-2. Member States enacting the Compact subsequent to the Charter Member States shall766
801-be subject to the process set forth in Article 8.C.23 to determine if their enactments are767
802-- 30 - 25 LC 55 0611S
803-materially different from the model Compact statute and whether they qualify for768
804-participation in the Compact.769
805-3. All actions taken for the benefit of the Commission or in furtherance of the purposes770
806-of the administration of the Compact prior to the effective date of the Compact or the771
807-Commission coming into existence shall be considered to be actions of the Commission772
808-unless specifically repudiated by the Commission.773
809-4. Any State that joins the Compact shall be subject to the Commission's Rules and774
810-bylaws as they exist on the date on which the Compact becomes law in that State. Any775
811-Rule that has been previously adopted by the Commission shall have the full force and776
812-effect of law on the day the Compact becomes law in that State.777
813-B. Any Member State may withdraw from this Compact by enacting a statute repealing778
814-that State's enactment of the Compact.779
815-1. A Member State's withdrawal shall not take effect until one hundred eighty (180) days780
816-after enactment of the repealing statute.781
817-2. Withdrawal shall not affect the continuing requirement of the withdrawing State's782
818-Licensing Authority to comply with the investigative and Adverse Action reporting783
819-requirements of this Compact prior to the effective date of withdrawal.784
820-3. Upon the enactment of a statute withdrawing from this Compact, a State shall785
821-immediately provide notice of such withdrawal to all Licensees within that State. 786
822-Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing787
823-State shall continue to recognize all licenses granted pursuant to this Compact for a788
824-minimum of 180 days after the date of such notice of withdrawal.789
825-C. Nothing contained in this Compact shall be construed to invalidate or prevent any790
826-licensure agreement or other cooperative arrangement between a Member State and a791
827-non-Member State that does not conflict with the provisions of this Compact.792
828-- 31 - 25 LC 55 0611S
829-D. This Compact may be amended by the Member States. No amendment to this Compact793
830-shall become effective and binding upon any Member State until it is enacted into the laws794
831-of all Member States.795
832-ARTICLE 13- CONSTRUCTION AND SEVERABILITY796
833-A. This Compact and the Commission's rulemaking authority shall be liberally construed797
834-so as to effectuate the purposes, and the implementation and administration of the798
835-Compact. Provisions of the Compact expressly authorizing or requiring the promulgation799
836-of Rules shall not be construed to limit the Commission's rulemaking authority solely for800
837-those purposes.801
838-B. The provisions of this Compact shall be severable and if any phrase, clause, sentence802
839-or provision of this Compact is held by a court of competent jurisdiction to be contrary to803
840-the constitution of any Member State, a State seeking participation in the Compact, or of804
841-the United States, or the applicability thereof to any government, agency, person or805
842-circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity806
843-of the remainder of this Compact and the applicability thereof to any other government,807
844-agency, person or circumstance shall not be affected thereby.808
845-C. Notwithstanding subsection B of this article, the Commission may deny a State's809
846-participation in the Compact or, in accordance with the requirements of Article 11.B,810
847-terminate a Member State's participation in the Compact, if it determines that a811
848-constitutional requirement of a Member State is a material departure from the Compact. 812
849-Otherwise, if this Compact shall be held to be contrary to the constitution of any Member813
850-State, the Compact shall remain in full force and effect as to the remaining Member States814
851-and in full force and effect as to the Member State affected as to all severable matters.815
852-- 32 - 25 LC 55 0611S
853-ARTICLE 14- CONSISTENT EFFECT AND816
854-CONFLICT WITH OTHER STATE LAWS817
855-Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State818
856-that is not inconsistent with the Compact.819
857-Any laws, statutes, regulations, or other legal requirements in a Member State in conflict820
858-with the Compact are superseded to the extent of the conflict.821
859-All permissible agreements between the Commission and the Member States are binding822
860-in accordance with their terms.'"823
861-SECTION 5.824
862-All laws and parts of laws in conflict with this Act are repealed.825
15+Massage Compact"; to authorize the Georgia Board of Massage Therapy to administer the3
16+compact in this state; to provide definitions; to provide for conditions; to provide for4
17+eligibility; to provide for related matters; to repeal conflicting laws; and for other purposes.5
18+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
19+SECTION 1.7
20+Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage8
21+therapy practice, is amended by revising paragraph (6) of Code Section 43-24A-3, relating9
22+to definitions, as follows:10
23+"(6) 'License' means a valid and current certificate of registration issued by the board11
24+pursuant to this chapter to practice massage therapy or a multistate license issued
25+12
26+pursuant to the Interstate Massage Compact contained in Article 3 of this chapter."13
27+H. B. 232
28+- 1 - 25 LC 52 0701
29+SECTION 2.
30+14
31+Said chapter is further amended by revising subsection (b) of Code Section 43-24A-7,15
32+relating to the powers of the Georgia Board of Massage Therapy, as follows:16
33+"(b) The board shall have the power to:17
34+(1) Examine and determine the qualifications and fitness of applicants for licenses to18
35+practice massage therapy in this state;19
36+(2) Issue, renew, refuse to renew, deny, suspend, or revoke licenses to practice massage20
37+therapy in this state or otherwise discipline licensed massage therapists;21
38+(3) Conduct investigations for the purpose of discovering violations of this chapter or22
39+grounds for disciplining persons or entities acting in violation of this chapter;23
40+(4) Initiate on-site inspections of the facility, equipment, policies, and practices of a24
41+massage therapy business or board recognized massage therapy educational program by25
42+appropriate inspectors in the office of the Secretary of State for the purpose of26
43+determining compliance with the standards established pursuant to this chapter;27
44+(5) Hold hearings on all matters properly brought before the board and, in conjunction28
45+therewith, to administer oaths, receive evidence, make the necessary determinations, and29
46+enter orders consistent with the findings. The board may designate one or more of its30
47+members as its hearing officer;31
48+(6) Adopt, revise, and enforce rules concerning advertising by licensees including, but32
49+not limited to, rules to prohibit false, misleading, or deceptive practices;33
50+(7) Periodically evaluate board recognized massage therapy educational programs and34
51+license such programs that meet the board's requirements;35
52+(8) Develop and enforce standards for continuing education courses required of licensed36
53+massage therapists which may include courses in massage therapy or any of the37
54+modalities described in paragraphs (5) through (8) of subsection (a) of Code Section38
55+43-24A-19;39
56+H. B. 232
57+- 2 - 25 LC 52 0701
58+(9) Develop and enforce reasonable and uniform standards for massage therapy
59+40
60+educational programs and massage therapy practice;41
61+(10) Deny or withdraw recognition of noncompliant massage therapy educational42
62+programs that do not meet standards established pursuant to this chapter;43
63+(11) Appoint standing or ad hoc committees as necessary to inform and make44
64+recommendations to the board about issues and concerns of the massage therapy45
65+profession and to facilitate communication amongst the board, licensees under this46
66+chapter, and the community, which may include nonmembers of the board;47
67+(12) Collect and publish data regarding existing massage therapy resources in Georgia48
68+without violation of any state or federal privacy laws and coordinate planning for board49
69+recognized massage therapy educational programs and practice;50
70+(13) Adopt an official seal; and
71+51
72+(14) Bring proceedings to the courts for the enforcement of this chapter or any rules and52
73+regulations promulgated pursuant to this chapter; and53
74+(15) Administer the Interstate Massage Compact contained in Article 3 of this chapter."54
75+SECTION 3.55
76+Said chapter is further amended by adding a new article to read as follows:56
77+"ARTICLE 357
78+43-24A-40.58
79+This article shall be known and may be cited as the 'Interstate Massage Compact Act.'59
80+H. B. 232
81+- 3 - 25 LC 52 0701
82+43-24A-41.60
83+The Interstate Massage Compact is enacted into law and entered into by the State of61
84+Georgia with any and all other states legally joining therein in the form substantially as62
85+follows:63
86+'INTERSTATE MASSAGE COMPACT64
87+ARTICLE 1- PURPOSE65
88+The purpose of this Compact is to reduce the burdens on State governments and to facilitate66
89+the interstate practice and regulation of Massage Therapy with the goal of improving public67
90+access to, and the safety of, Massage Therapy Services. Through this Compact, the68
91+Member States seek to establish a regulatory framework which provides for a new69
92+multistate licensing program. Through this additional licensing pathway, the Member70
93+States seek to provide increased value and mobility to licensed massage therapists in the71
94+Member States, while ensuring the provision of safe, competent, and reliable services to72
95+the public.73
96+This Compact is designed to achieve the following objectives, and the Member States74
97+hereby ratify the same intentions by subscribing hereto:75
98+A. Increase public access to Massage Therapy Services by providing for a multistate76
99+licensing pathway;77
100+B. Enhance the Member States' ability to protect the public's health and safety;78
101+C. Enhance the Member States' ability to prevent human trafficking and licensure fraud;79
102+D. Encourage the cooperation of Member States in regulating the multistate Practice of80
103+Massage Therapy;81
104+E. Support relocating military members and their spouses;82
105+F. Facilitate and enhance the exchange of licensure, investigative, and disciplinary83
106+information between the Member States;84
107+H. B. 232
108+- 4 - 25 LC 52 0701
109+G. Create an Interstate Commission that will exist to implement and administer the85
110+Compact;86
111+H. Allow a Member State to hold a Licensee accountable, even where that Licensee holds87
112+a Multistate License;88
113+I. Create a streamlined pathway for Licensees to practice in Member States, thus89
114+increasing the mobility of duly licensed massage therapists; and90
115+J. Serve the needs of licensed massage therapists and the public receiving their services;91
116+however,92
117+K. Nothing in this Compact is intended to prevent a State from enforcing its own laws93
118+regarding the Practice of Massage Therapy.94
119+ARTICLE 2- DEFINITIONS95
120+As used in this Compact, except as otherwise provided and subject to clarification by the96
121+Rules of the Commission, the following definitions shall govern the terms herein:97
122+A. "Active Duty Military" - any individual in full-time duty status in the active uniformed98
123+service of the United States including members of the National Guard and Reserve.99
124+B. "Adverse Action" - any administrative, civil, equitable, or criminal action permitted by100
125+a Member State's laws which is imposed by a Licensing Authority or other regulatory body101
126+against a Licensee, including actions against an individual's Authorization to Practice such102
127+as revocation, suspension, probation, surrender in lieu of discipline, monitoring of the103
128+Licensee, limitation of the Licensee's practice, or any other Encumbrance on licensure104
129+affecting an individual's ability to practice Massage Therapy, including the issuance of a105
130+cease and desist order.106
131+C. "Alternative Program" - a non-disciplinary monitoring or prosecutorial diversion107
132+program approved by a Member State's Licensing Authority.108
133+D. "Authorization to Practice" - a legal authorization by a Remote State pursuant to a109
134+Multistate License permitting the Practice of Massage Therapy in that Remote State, which110
135+H. B. 232
136+- 5 - 25 LC 52 0701
137+shall be subject to the enforcement jurisdiction of the Licensing Authority in that Remote111
138+State.112
139+E. "Background Check" - the submission of an applicant's criminal history record113
140+information, as further defined in 28 C.F.R. ยง 20.3(d), as amended from the Federal Bureau114
141+of Investigation and the agency responsible for retaining State criminal records in the115
142+applicant's Home State.116
143+F. "Charter Member States" - Member States who have enacted legislation to adopt this117
144+Compact where such legislation predates the effective date of this Compact as defined in118
145+Article 12.119
146+G. "Commission" - the government agency whose membership consists of all States that120
147+have enacted this Compact, which is known as the Interstate Massage Compact121
148+Commission, as defined in Article 8, and which shall operate as an instrumentality of the122
149+Member States.123
150+H. "Continuing Competence" - a requirement, as a condition of license renewal, to provide124
151+evidence of participation in, and completion of, educational or professional activities that125
152+maintain, improve, or enhance Massage Therapy fitness to practice.126
153+I. "Current Significant Investigative Information" - Investigative Information that a127
154+Licensing Authority, after an inquiry or investigation that complies with a Member State's128
155+due process requirements, has reason to believe is not groundless and, if proved true, would129
156+indicate a violation of that State's laws regarding the Practice of Massage Therapy.130
157+J. "Data System" - a repository of information about Licensees who hold Multistate131
158+Licenses, which may include but is not limited to license status, Investigative Information,132
159+and Adverse Actions.133
160+K. "Disqualifying Event" - any event which shall disqualify an individual from holding134
161+a Multistate License under this Compact, which the Commission may by Rule specify.135
162+L. "Encumbrance" - a revocation or suspension of, or any limitation or condition on, the136
163+full and unrestricted Practice of Massage Therapy by a Licensing Authority.137
164+H. B. 232
165+- 6 - 25 LC 52 0701
166+M. "Executive Committee" - a group of delegates elected or appointed to act on behalf of,138
167+and within the powers granted to them by, the Commission.139
168+N. "Home State" - means the Member State which is a Licensee's primary state of140
169+residence where the Licensee holds an active Single-State License.141
170+O. "Investigative Information" - information, records, or documents received or generated142
171+by a Licensing Authority pursuant to an investigation or other inquiry.143
172+P. "Licensing Authority" - a State's regulatory body responsible for issuing Massage144
173+Therapy licenses or otherwise overseeing the Practice of Massage Therapy in that State.145
174+Q. "Licensee" - an individual who currently holds a license from a Member State to fully146
175+practice Massage Therapy, whose license is not a student, provisional, temporary, inactive,147
176+or other similar status.148
177+R. "Massage Therapy", "Massage Therapy Services", and the "Practice of Massage149
178+Therapy" - the care and services provided by a Licensee as set forth in the Member State's150
179+statutes and regulations in the State where the services are being provided.151
180+S. "Member State" - any State that has adopted this Compact.152
181+T. "Multistate License" - a license that consists of Authorizations to Practice Massage153
182+Therapy in all Remote States pursuant to this Compact, which shall be subject to the154
183+enforcement jurisdiction of the Licensing Authority in a Licensee's Home State.155
184+U. "National Licensing Examination" - A national examination developed by a national156
185+association of Massage Therapy regulatory boards, as defined by Commission Rule, that157
186+is derived from a practice analysis and is consistent with generally accepted psychometric158
187+principles of fairness, validity and reliability, and is administered under secure and159
188+confidential examination protocols.160
189+V. "Remote State" - any Member State, other than the Licensee's Home State.161
190+W. "Rule" - any opinion or regulation promulgated by the Commission under this162
191+Compact, which shall have the force of law.163
192+H. B. 232
193+- 7 - 25 LC 52 0701
194+X. "Single-State License" - a current, valid authorization issued by a Member State's164
195+Licensing Authority allowing an individual to fully practice Massage Therapy, that is not165
196+a restricted, student, provisional, temporary, or inactive practice authorization and166
197+authorizes practice only within the issuing State.167
198+Y. "State" - a state, territory, possession of the United States, or the District of Columbia.168
199+ARTICLE 3- MEMBER STATE REQUIREMENTS169
200+A. To be eligible to join this Compact, and to maintain eligibility as a Member State, a170
201+State must:171
202+1. License and regulate the Practice of Massage Therapy;172
203+2. Have a mechanism or entity in place to receive and investigate complaints from the173
204+public, regulatory or law enforcement agencies, or the Commission about Licensees174
205+practicing in that State;175
206+3. Accept passage of a National Licensing Examination as a criterion for Massage176
207+Therapy licensure in that State;177
208+4. Require that Licensees satisfy educational requirements prior to being licensed to178
209+provide Massage Therapy Services to the public in that State;179
210+5. Implement procedures for requiring the Background Check of applicants for a180
211+Multistate License, and for the reporting of any Disqualifying Events, including but not181
212+limited to obtaining and submitting, for each Licensee holding a Multistate License and182
213+each applicant for a Multistate License, fingerprint or other biometric-based information183
214+to the Federal Bureau of Investigation for Background Checks; receiving the results of184
215+the Federal Bureau of Investigation record search on Background Checks and considering185
216+the results of such a Background Check in making licensure decisions;186
217+6. Have Continuing Competence requirements as a condition for license renewal;187
218+7. Participate in the Data System, including through the use of unique identifying188
219+numbers as described herein;189
220+H. B. 232
221+- 8 - 25 LC 52 0701
222+8. Notify the Commission and other Member States, in compliance with the terms of the190
223+Compact and Rules of the Commission, of any disciplinary action taken by the State191
224+against a Licensee practicing under a Multistate License in that State, or of the existence192
225+of Investigative Information or Current Significant Investigative Information regarding193
226+a Licensee practicing in that State pursuant to a Multistate License;194
227+9. Comply with the Rules of the Commission;195
228+10. Accept Licensees with valid Multistate Licenses from other Member States as196
229+established herein;197
230+B. Individuals not residing in a Member State shall continue to be able to apply for a198
231+Member State's Single-State License as provided under the laws of each Member State. 199
232+However, the Single-State License granted to those individuals shall not be recognized as200
233+granting a Multistate License for Massage Therapy in any other Member State;201
234+C. Nothing in this Compact shall affect the requirements established by a Member State202
235+for the issuance of a Single-State License; and203
236+D. A Multistate License issued to a Licensee shall be recognized by each Remote State as204
237+an Authorization to Practice Massage Therapy in each Remote State.205
238+ARTICLE 4- MULTISTATE LICENSE REQUIREMENTS206
239+A. To qualify for a Multistate License under this Compact, and to maintain eligibility for207
240+such a license, an applicant must:208
241+1. Hold an active Single-State License to practice Massage Therapy in the applicant's209
242+Home State;210
243+2. Have completed at least six hundred and twenty-five (625) clock hours of Massage211
244+Therapy education or the substantial equivalent which the Commission may approve by212
245+Rule.213
246+3. Have passed a National Licensing Examination or the substantial equivalent which the214
247+Commission may approve by Rule.215
248+H. B. 232
249+- 9 - 25 LC 52 0701
250+4. Submit to a Background Check;216
251+5. Have not been convicted or found guilty, or have entered into an agreed disposition,217
252+of a felony offense under applicable State or federal criminal law, within five (5) years218
253+prior to the date of their application, where such a time period shall not include any time219
254+served for the offense, and provided that the applicant has completed any and all220
255+requirements arising as a result of any such offense;221
256+6. Have not been convicted or found guilty, or have entered into an agreed disposition,222
257+of a misdemeanor offense related to the Practice of Massage Therapy under applicable223
258+State or federal criminal law, within two (2) years prior to the date of their application224
259+where such a time period shall not include any time served for the offense, and provided225
260+that the applicant has completed any and all requirements arising as a result of any such226
261+offense;227
262+7. Have not been convicted or found guilty, or have entered into an agreed disposition,228
263+of any offense, whether a misdemeanor or a felony, under State or federal law, at any229
264+time, relating to any of the following:230
265+a. Kidnapping;231
266+b. Human trafficking;232
267+c. Human smuggling;233
268+d. Sexual battery, sexual assault, or any related offenses; or234
269+e. Any other category of offense which the Commission may by Rule designate.235
270+8. Have not previously held a Massage Therapy license which was revoked by, or236
271+surrendered in lieu of discipline to an applicable Licensing Authority;237
272+9. Have no history of any Adverse Action on any occupational or professional license238
273+within two (2) years prior to the date of their application; and239
274+10. Pay all required fees.240
275+B. A Multistate License granted pursuant to this Compact may be effective for a definite241
276+period of time concurrent with the renewal of the Home State license.242
277+H. B. 232
278+- 10 - 25 LC 52 0701
279+C. A Licensee practicing in a Member State is subject to all scope of practice laws243
280+governing Massage Therapy Services in that State.244
281+D. The Practice of Massage Therapy under a Multistate License granted pursuant to this245
282+Compact will subject the Licensee to the jurisdiction of the Licensing Authority, the courts,246
283+and the laws of the Member State in which the Massage Therapy Services are provided.247
284+ARTICLE 5- AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION248
285+AND MEMBER STATE LICENSING AUTHORITIES249
286+A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,250
287+restrict, or in any way reduce the ability of a Member State to enact and enforce laws,251
288+regulations, or other rules related to the Practice of Massage Therapy in that State, where252
289+those laws, regulations, or other rules are not inconsistent with the provisions of this253
290+Compact.254
291+B. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,255
292+restrict, or in any way reduce the ability of a Member State to take Adverse Action against256
293+a Licensee's Single-State License to practice Massage Therapy in that State.257
294+C. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,258
295+restrict, or in any way reduce the ability of a Remote State to take Adverse Action against259
296+a Licensee's Authorization to Practice in that State.260
297+D. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,261
298+restrict, or in any way reduce the ability of a Licensee's Home State to take Adverse Action262
299+against a Licensee's Multistate License based upon information provided by a Remote263
300+State.264
301+E. Insofar as practical, a Member State's Licensing Authority shall cooperate with the265
302+Commission and with each entity exercising independent regulatory authority over the266
303+Practice of Massage Therapy according to the provisions of this Compact.267
304+H. B. 232
305+- 11 - 25 LC 52 0701
306+ARTICLE 6- ADVERSE ACTIONS268
307+A. A Licensee's Home State shall have exclusive power to impose an Adverse Action269
308+against a Licensee's Multistate License issued by the Home State.270
309+B. A Home State may take Adverse Action on a Multistate License based on the271
310+Investigative Information, Current Significant Investigative Information, or Adverse Action272
311+of a Remote State.273
312+C. A Home State shall retain authority to complete any pending investigations of a274
313+Licensee practicing under a Multistate License who changes their Home State during the275
314+course of such an investigation. The Licensing Authority shall also be empowered to276
315+report the results of such an investigation to the Commission through the Data System as277
316+described herein.278
317+D. Any Member State may investigate actual or alleged violations of the scope of practice279
318+laws in any other Member State for a massage therapist who holds a Multistate License.280
319+E. A Remote State shall have the authority to:281
320+1. Take Adverse Actions against a Licensee's Authorization to Practice;282
321+2. Issue cease and desist orders or impose an Encumbrance on a Licensee's Authorization283
322+to Practice in that State.284
323+3. Issue subpoenas for both hearings and investigations that require the attendance and285
324+testimony of witnesses, as well as the production of evidence. Subpoenas issued by a286
325+Licensing Authority in a Member State for the attendance and testimony of witnesses or287
326+the production of evidence from another Member State shall be enforced in the latter288
327+State by any court of competent jurisdiction, according to the practice and procedure of289
328+that court applicable to subpoenas issued in proceedings before it. The issuing Licensing290
329+Authority shall pay any witness fees, travel expenses, mileage, and other fees required291
330+by the service statutes of the State in which the witnesses or evidence are located.292
331+H. B. 232
332+- 12 - 25 LC 52 0701
333+4. If otherwise permitted by State law, recover from the affected Licensee the costs of293
334+investigations and disposition of cases resulting from any Adverse Action taken against294
335+that Licensee.295
336+5. Take Adverse Action against the Licensee's Authorization to Practice in that State296
337+based on the factual findings of another Member State.297
338+F. If an Adverse Action is taken by the Home State against a Licensee's Multistate License298
339+or Single-State License to practice in the Home State, the Licensee's Authorization to299
340+Practice in all other Member States shall be deactivated until all Encumbrances have been300
341+removed from such license. All Home State disciplinary orders that impose an Adverse301
342+Action against a Licensee shall include a statement that the Massage Therapist's302
343+Authorization to Practice is deactivated in all Member States during the pendency of the303
344+order.304
345+G. If Adverse Action is taken by a Remote State against a Licensee's Authorization to305
346+Practice, that Adverse Action applies to all Authorizations to Practice in all Remote States. 306
347+A Licensee whose Authorization to Practice in a Remote State is removed for a specified307
348+period of time is not eligible to apply for a new Multistate License in any other State until308
349+the specific time for removal of the Authorization to Practice has passed and all309
350+encumbrance requirements are satisfied.310
351+H. Nothing in this Compact shall override a Member State's authority to accept a311
352+Licensee's participation in an Alternative Program in lieu of Adverse Action. A Licensee's312
353+Multistate License shall be suspended for the duration of the Licensee's participation in any313
354+Alternative Program.314
355+I. Joint Investigations315
356+1. In addition to the authority granted to a Member State by its respective scope of316
357+practice laws or other applicable State law, a Member State may participate with other317
358+Member States in joint investigations of Licensees.318
359+H. B. 232
360+- 13 - 25 LC 52 0701
361+2. Member States shall share any investigative, litigation, or compliance materials in319
362+furtherance of any joint or individual investigation initiated under the Compact.320
363+ARTICLE 7- ACTIVE DUTY MILITARY AND THEIR SPOUSES321
364+Active Duty Military personnel, or their spouses, shall designate a Home State where the322
365+individual has a current license to practice Massage Therapy in good standing. The323
366+individual may retain their Home State designation during any period of service when that324
367+individual or their spouse is on active duty assignment.325
368+ARTICLE 8- ESTABLISHMENT AND OPERATION OF326
369+INTERSTATE MASSAGE COMPACT COMMISSION327
370+A. The Compact Member States hereby create and establish a joint government agency328
371+whose membership consists of all Member States that have enacted the Compact known329
372+as the Interstate Massage Compact Commission. The Commission is an instrumentality330
373+of the Compact States acting jointly and not an instrumentality of any one State. The331
374+Commission shall come into existence on or after the effective date of the Compact as set332
375+forth in Article 12.333
376+B. Membership, Voting, and Meetings334
377+1. Each Member State shall have and be limited to one (1) delegate selected by that335
378+Member State's State Licensing Authority.336
379+2. The delegate shall be the primary administrative officer of the State Licensing337
380+Authority or their designee.338
381+3. The Commission shall by Rule or bylaw establish a term of office for delegates and339
382+may by Rule or bylaw establish term limits.340
383+4. The Commission may recommend removal or suspension of any delegate from office.341
384+H. B. 232
385+- 14 - 25 LC 52 0701
386+5. A Member State's State Licensing Authority shall fill any vacancy of its delegate342
387+occurring on the Commission within 60 days of the vacancy.343
388+6. Each delegate shall be entitled to one vote on all matters that are voted on by the344
389+Commission.345
390+7. The Commission shall meet at least once during each calendar year. Additional346
391+meetings may be held as set forth in the bylaws. The Commission may meet by347
392+telecommunication, video conference or other similar electronic means.348
393+C. The Commission shall have the following powers:349
394+1. Establish the fiscal year of the Commission;350
395+2. Establish code of conduct and conflict of interest policies;351
396+3. Adopt Rules and bylaws;352
397+4. Maintain its financial records in accordance with the bylaws;353
398+5. Meet and take such actions as are consistent with the provisions of this Compact, the354
399+Commission's Rules, and the bylaws;355
400+6. Initiate and conclude legal proceedings or actions in the name of the Commission,356
401+provided that the standing of any State Licensing Authority to sue or be sued under357
402+applicable law shall not be affected;358
403+7. Maintain and certify records and information provided to a Member State as the359
404+authenticated business records of the Commission, and designate an agent to do so on the360
405+Commission's behalf;361
406+8. Purchase and maintain insurance and bonds;362
407+9. Borrow, accept, or contract for services of personnel, including, but not limited to,363
408+employees of a Member State;364
409+10. Conduct an annual financial review;365
410+11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such366
411+individuals appropriate authority to carry out the purposes of the Compact, and establish367
412+H. B. 232
413+- 15 - 25 LC 52 0701
414+the Commission's personnel policies and programs relating to conflicts of interest,368
415+qualifications of personnel, and other related personnel matters;369
416+12. Assess and collect fees;370
417+13. Accept any and all appropriate gifts, donations, grants of money, other sources of371
418+revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose372
419+of the same; provided that at all times the Commission shall avoid any appearance of373
420+impropriety or conflict of interest;374
421+14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or375
422+mixed, or any undivided interest therein;376
423+15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of377
424+any property real, personal, or mixed;378
425+16. Establish a budget and make expenditures;379
426+17. Borrow money;380
427+18. Appoint committees, including standing committees, composed of members, State381
428+regulators, State legislators or their representatives, and consumer representatives, and382
429+such other interested persons as may be designated in this Compact and the bylaws;383
430+19. Accept and transmit complaints from the public, regulatory or law enforcement384
431+agencies, or the Commission, to the relevant Member State(s) regarding potential385
432+misconduct of Licensees;386
433+20. Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of the387
434+Commission as provided in the Commission's bylaws;388
435+21. Establish and elect an Executive Committee, including a chair and a vice chair;389
436+22. Adopt and provide to the Member States an annual report.390
437+23. Determine whether a State's adopted language is materially different from the model391
438+Compact language such that the State would not qualify for participation in the Compact;392
439+and393
440+H. B. 232
441+- 16 - 25 LC 52 0701
442+24. Perform such other functions as may be necessary or appropriate to achieve the394
443+purposes of this Compact.395
444+D. The Executive Committee396
445+1. The Executive Committee shall have the power to act on behalf of the Commission397
446+according to the terms of this Compact. The powers, duties, and responsibilities of the398
447+Executive Committee shall include:399
448+a. Overseeing the day-to-day activities of the administration of the Compact including 400
449+compliance with the provisions of the Compact, the Commission's Rules and bylaws,401
450+and other such duties as deemed necessary;402
451+b. Recommending to the Commission changes to the Rules or bylaws, changes to this403
452+Compact legislation, fees charged to Compact Member States, fees charged to404
453+Licensees, and other fees;405
454+c. Ensuring Compact administration services are appropriately provided, including by406
455+contract;407
456+d. Preparing and recommending the budget;408
457+e. Maintaining financial records on behalf of the Commission;409
458+f. Monitoring Compact compliance of Member States and providing compliance410
459+reports to the Commission;411
460+g. Establishing additional committees as necessary;412
461+h. Exercise the powers and duties of the Commission during the interim between413
462+Commission meetings, except for adopting or amending Rules, adopting or amending414
463+bylaws, and exercising any other powers and duties expressly reserved to the415
464+Commission by Rule or bylaw; and416
465+i. Other duties as provided in the Rules or bylaws of the Commission.417
466+2. The Executive Committee shall be composed of seven voting members and up to two418
467+exofficio members as follows:419
468+H. B. 232
469+- 17 - 25 LC 52 0701
470+a. The chair and vice chair of the Commission and any other members of the420
471+Commission who serve on the Executive Committee shall be voting members of the421
472+Executive Committee; and422
473+b. Other than the chair, vice-chair, secretary and treasurer, the Commission shall elect423
474+three voting members from the current membership of the Commission.424
475+c. The Commission may elect ex-officio, nonvoting members as necessary as follows:425
476+i. One ex-officio member who is a representative of the national association of State426
477+Massage Therapy regulatory boards427
478+ii. One ex-officio member as specified in the Commission's bylaws.428
479+3. The Commission may remove any member of the Executive Committee as provided429
480+in the Commission's bylaws.430
481+4. The Executive Committee shall meet at least annually.431
482+a. Executive Committee meetings shall be open to the public, except that the Executive432
483+Committee may meet in a closed, non-public session of a public meeting when dealing433
484+with any of the matters covered under subsection F.4.434
485+b. The Executive Committee shall give five business days advance notice of its public435
486+meetings, posted on its website and as determined to provide notice to persons with an436
487+interest in the public matters the Executive Committee intends to address at those437
488+meetings.438
489+5. The Executive Committee may hold an emergency meeting when acting for the439
490+Commission to:440
491+a. Meet an imminent threat to public health, safety, or welfare;441
492+b. Prevent a loss of Commission or Participating State funds; or442
493+c. Protect public health and safety.443
494+E. The Commission shall adopt and provide to the Member States an annual report.444
495+F. Meetings of the Commission445
496+H. B. 232
497+- 18 - 25 LC 52 0701
498+1. All meetings of the Commission that are not closed pursuant to this subsection shall446
499+be open to the public. Notice of public meetings shall be posted on the Commission's447
500+website at least thirty (30) days prior to the public meeting.448
501+2. Notwithstanding subsection F.1 of this Article, the Commission may convene an449
502+emergency public meeting by providing at least twenty-four (24) hours prior notice on450
503+the Commission's website, and any other means as provided in the Commission's Rules,451
504+for any of the reasons it may dispense with notice of proposed rulemaking under Article452
505+10.L. The Commission's legal counsel shall certify the that one of the reasons justifying453
506+an emergency public meeting has been met.454
507+3. Notice of all Commission meetings shall provide the time, date, and location of the455
508+meeting, and if the meeting is to be held or accessible via telecommunication, video456
509+conference, or other electronic means, the notice shall include the mechanism for access457
510+to the meeting.458
511+4. The Commission may convene in a closed, non-public meeting for the Commission459
512+to discuss:460
513+a. Non-compliance of a Member State with its obligations under the Compact;461
514+b. The employment, compensation, discipline or other matters, practices or procedures462
515+related to specific employees or other matters related to the Commission's internal463
516+personnel practices and procedures;464
517+c. Current or threatened discipline of a Licensee by the Commission or by a Member465
518+State's Licensing Authority;466
519+d. Current, threatened, or reasonably anticipated litigation;467
520+e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real468
521+estate;469
522+f. Accusing any person of a crime or formally censuring any person;470
523+g. Trade secrets or commercial or financial information that is privileged or471
524+confidential;472
525+H. B. 232
526+- 19 - 25 LC 52 0701
527+h. Information of a personal nature where disclosure would constitute a clearly473
528+unwarranted invasion of personal privacy;474
529+i. Investigative records compiled for law enforcement purposes;475
530+j. Information related to any investigative reports prepared by or on behalf of or for use476
531+of the Commission or other committee charged with responsibility of investigation or477
532+determination of compliance issues pursuant to the Compact;478
533+k. Legal advice;479
534+l. Matters specifically exempted from disclosure to the public by federal or Member480
535+State law; or481
536+m. Other matters as promulgated by the Commission by Rule.482
537+5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the483
538+meeting will be closed and reference each relevant exempting provision, and such484
539+reference shall be recorded in the minutes.485
540+6. The Commission shall keep minutes that fully and clearly describe all matters486
541+discussed in a meeting and shall provide a full and accurate summary of actions taken,487
542+and the reasons therefore, including a description of the views expressed. All documents488
543+considered in connection with an action shall be identified in such minutes. All minutes489
544+and documents of a closed meeting shall remain under seal, subject to release only by a490
545+majority vote of the Commission or order of a court of competent jurisdiction.491
546+G. Financing of the Commission492
547+1. The Commission shall pay, or provide for the payment of, the reasonable expenses of493
548+its establishment, organization, and ongoing activities.494
549+2. The Commission may accept any and all appropriate sources of revenue, donations,495
550+and grants of money, equipment, supplies, materials, and services.496
551+3. The Commission may levy on and collect an annual assessment from each Member497
552+State and impose fees on Licensees of Member States to whom it grants a Multistate498
553+License to cover the cost of the operations and activities of the Commission and its staff,499
554+H. B. 232
555+- 20 - 25 LC 52 0701
556+which must be in a total amount sufficient to cover its annual budget as approved each500
557+year for which revenue is not provided by other sources. The aggregate annual501
558+assessment amount for Member States shall be allocated based upon a formula that the502
559+Commission shall promulgate by Rule.503
560+4. The Commission shall not incur obligations of any kind prior to securing the funds504
561+adequate to meet the same; nor shall the Commission pledge the credit of any Member505
562+States, except by and with the authority of the Member State.506
563+5. The Commission shall keep accurate accounts of all receipts and disbursements. The507
564+receipts and disbursements of the Commission shall be subject to the financial review and508
565+accounting procedures established under its bylaws. All receipts and disbursements of509
566+funds handled by the Commission shall be subject to an annual financial review by a510
567+certified or licensed public accountant, and the report of the financial review shall be511
568+included in and become part of the annual report of the Commission.512
569+H. Qualified Immunity, Defense, and Indemnification513
570+1. The members, officers, executive director, employees and representatives of the514
571+Commission shall be immune from suit and liability, both personally and in their official515
572+capacity, for any claim for damage to or loss of property or personal injury or other civil516
573+liability caused by or arising out of any actual or alleged act, error, or omission that517
574+occurred, or that the person against whom the claim is made had a reasonable basis for518
575+believing occurred within the scope of Commission employment, duties or519
576+responsibilities; provided that nothing in this paragraph shall be construed to protect any520
577+such person from suit or liability for any damage, loss, injury, or liability caused by the521
578+intentional or willful or wanton misconduct of that person. The procurement of insurance522
579+of any type by the Commission shall not in any way compromise or limit the immunity523
580+granted hereunder.524
581+2. The Commission shall defend any member, officer, executive director, employee, and525
582+representative of the Commission in any civil action seeking to impose liability arising526
583+H. B. 232
584+- 21 - 25 LC 52 0701
585+out of any actual or alleged act, error, or omission that occurred within the scope of527
586+Commission employment, duties, or responsibilities, or as determined by the Commission528
587+that the person against whom the claim is made had a reasonable basis for believing529
588+occurred within the scope of Commission employment, duties, or responsibilities;530
589+provided that nothing herein shall be construed to prohibit that person from retaining their531
590+own counsel at their own expense; and provided further, that the actual or alleged act,532
591+error, or omission did not result from that person's intentional or willful or wanton533
592+misconduct.534
593+3. The Commission shall indemnify and hold harmless any member, officer, executive535
594+director, employee, and representative of the Commission for the amount of any536
595+settlement or judgment obtained against that person arising out of any actual or alleged537
596+act, error, or omission that occurred within the scope of Commission employment, duties,538
597+or responsibilities, or that such person had a reasonable basis for believing occurred539
598+within the scope of Commission employment, duties, or responsibilities, provided that540
599+the actual or alleged act, error, or omission did not result from the intentional or willful541
600+or wanton misconduct of that person.542
601+4. Nothing herein shall be construed as a limitation on the liability of any Licensee for543
602+professional malpractice or misconduct, which shall be governed solely by any other544
603+applicable State laws.545
604+5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member546
605+State's State action immunity or State action affirmative defense with respect to antitrust547
606+claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or548
607+anticompetitive law or regulation.549
608+6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by550
609+the Member States or by the Commission.551
610+H. B. 232
611+- 22 - 25 LC 52 0701
612+ARTICLE 9- DATA SYSTEM552
613+A. The Commission shall provide for the development, maintenance, operation, and553
614+utilization of a coordinated database and reporting system.554
615+B. The Commission shall assign each applicant for a Multistate License a unique555
616+identifier, as determined by the Rules of the Commission.556
617+C. Notwithstanding any other provision of State law to the contrary, a Member State shall557
618+submit a uniform data set to the Data System on all individuals to whom this Compact is558
619+applicable as required by the Rules of the Commission, including:559
620+1. Identifying information;560
621+2. Licensure data;561
622+3. Adverse Actions against a license and information related thereto;562
623+4. Non-confidential information related to Alternative Program participation, the563
624+beginning and ending dates of such participation, and other information related to such564
625+participation;565
626+5. Any denial of application for licensure, and the reason(s) for such denial (excluding566
627+the reporting of any criminal history record information where prohibited by law);567
628+6. The existence of Investigative Information;568
629+7. The existence presence of Current Significant Investigative Information; and569
630+8. Other information that may facilitate the administration of this Compact or the570
631+protection of the public, as determined by the Rules of the Commission.571
632+D. The records and information provided to a Member State pursuant to this Compact or572
633+through the Data System, when certified by the Commission or an agent thereof, shall573
634+constitute the authenticated business records of the Commission, and shall be entitled to574
635+any associated hearsay exception in any relevant judicial, quasi-judicial or administrative575
636+proceedings in a Member State.576
637+H. B. 232
638+- 23 - 25 LC 52 0701
639+E. The existence of Current Significant Investigative Information and the existence of577
640+Investigative Information pertaining to a Licensee in any Member State will only be578
641+available to other Member States.579
642+F. It is the responsibility of the Member States to report any Adverse Action against a580
643+Licensee who holds a Multistate License and to monitor the database to determine whether581
644+Adverse Action has been taken against such a Licensee or License applicant. Adverse582
645+Action information pertaining to a Licensee or License applicant in any Member State will583
646+be available to any other Member State.584
647+G. Member States contributing information to the Data System may designate information585
648+that may not be shared with the public without the express permission of the contributing586
649+State.587
650+H. Any information submitted to the Data System that is subsequently expunged pursuant588
651+to federal law or the laws of the Member State contributing the information shall be589
652+removed from the Data System.590
653+ARTICLE 10- RULEMAKING591
654+A. The Commission shall promulgate reasonable Rules in order to effectively and592
655+efficiently implement and administer the purposes and provisions of the Compact. A Rule593
656+shall be invalid and have no force or effect only if a court of competent jurisdiction holds594
657+that the Rule is invalid because the Commission exercised its rulemaking authority in a595
658+manner that is beyond the scope and purposes of the Compact, or the powers granted596
659+hereunder, or based upon another applicable standard of review.597
660+B. The Rules of the Commission shall have the force of law in each Member State,598
661+provided however that where the Rules of the Commission conflict with the laws of the599
662+Member State that establish the Member State's scope of practice as held by a court of600
663+competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the601
664+extent of the conflict.602
665+H. B. 232
666+- 24 - 25 LC 52 0701
667+C. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth603
668+in this article and the Rules adopted thereunder. Rules shall become binding as of the date604
669+specified by the Commission for each Rule.605
670+D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule,606
671+by enactment of a statute or resolution in the same manner used to adopt the Compact607
672+within four (4) years of the date of adoption of the Rule, then such Rule shall have no608
673+further force and effect in any Member State or to any State applying to participate in the609
674+Compact.610
675+E. Rules shall be adopted at a regular or special meeting of the Commission.611
676+F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and612
677+allow persons to provide oral and written comments, data, facts, opinions, and arguments.613
678+G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days614
679+in advance of the meeting at which the Commission will hold a public hearing on the615
680+proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:616
681+1. On the website of the Commission or other publicly accessible platform;617
682+2. To persons who have requested notice of the Commission's notices of proposed618
683+rulemaking, and619
684+3. In such other way(s) as the Commission may by Rule specify.620
685+H. The Notice of Proposed Rulemaking shall include:621
686+1. The time, date, and location of the public hearing at which the Commission will hear622
687+public comments on the proposed Rule and, if different, the time, date, and location of623
688+the meeting where the Commission will consider and vote on the proposed Rule;624
689+2. If the hearing is held via telecommunication, video conference, or other electronic625
690+means, the Commission shall include the mechanism for access to the hearing in the626
691+Notice of Proposed Rulemaking;627
692+3. The text of the proposed Rule and the reason therefor;628
693+4. A request for comments on the proposed Rule from any interested person; and629
694+H. B. 232
695+- 25 - 25 LC 52 0701
696+5. The manner in which interested persons may submit written comments.630
697+I. All hearings will be recorded. A copy of the recording and all written comments and631
698+documents received by the Commission in response to the proposed Rule shall be available632
699+to the public.633
700+J. Nothing in this article shall be construed as requiring a separate hearing on each Rule. 634
701+Rules may be grouped for the convenience of the Commission at hearings required by this635
702+article.636
703+K. The Commission shall, by majority vote of all Commissioners, take final action on the637
704+proposed Rule based on the Rulemaking record.638
705+1. The Commission may adopt changes to the proposed Rule provided the changes do639
706+not enlarge the original purpose of the proposed Rule.640
707+2. The Commission shall provide an explanation of the reasons for substantive changes641
708+made to the proposed Rule as well as reasons for substantive changes not made that were642
709+recommended by commenters.643
710+3. The Commission shall determine a reasonable effective date for the Rule. Except for644
711+an emergency as provided in subsection L of this article, the effective date of the Rule645
712+shall be no sooner than thirty (30) days after the Commission issuing the notice that it646
713+adopted or amended the Rule.647
714+L. Upon determination that an emergency exists, the Commission may consider and adopt648
715+an emergency Rule with 24 hours notice, provided that the usual Rulemaking procedures649
716+provided in the Compact and in this article shall be retroactively applied to the Rule as650
717+soon as reasonably possible, in no event later than ninety (90) days after the effective date651
718+of the Rule. For the purposes of this provision, an emergency Rule is one that must be652
719+adopted immediately to:653
720+1. Meet an imminent threat to public health, safety, or welfare;654
721+2. Prevent a loss of Commission or Member State funds;655
722+H. B. 232
723+- 26 - 25 LC 52 0701
724+3. Meet a deadline for the promulgation of a Rule that is established by federal law or656
725+rule; or657
726+4. Protect public health and safety.658
727+M. The Commission or an authorized committee of the Commission may direct revisions659
728+to a previously adopted Rule for purposes of correcting typographical errors, errors in660
729+format, errors in consistency, or grammatical errors. Public notice of any revisions shall661
730+be posted on the website of the Commission. The revision shall be subject to challenge by662
731+any person for a period of thirty (30) days after posting. The revision may be challenged663
732+only on grounds that the revision results in a material change to a Rule. A challenge shall664
733+be made in writing and delivered to the Commission prior to the end of the notice period. 665
734+If no challenge is made, the revision will take effect without further action. If the revision666
735+is challenged, the revision may not take effect without the approval of the Commission.667
736+N. No Member State's rulemaking requirements shall apply under this Compact.668
737+ARTICLE 11- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT669
738+A. Oversight670
739+1. The executive and judicial branches of State government in each Member State shall671
740+enforce this Compact and take all actions necessary and appropriate to implement the672
741+Compact.673
742+2. Venue is proper and judicial proceedings by or against the Commission shall be674
743+brought solely and exclusively in a court of competent jurisdiction where the principal675
744+office of the Commission is located. The Commission may waive venue and676
745+jurisdictional defenses to the extent it adopts or consents to participate in alternative677
746+dispute resolution proceedings. Nothing herein shall affect or limit the selection or678
747+propriety of venue in any action against a Licensee for professional malpractice,679
748+misconduct or any such similar matter.680
749+H. B. 232
750+- 27 - 25 LC 52 0701
751+3. The Commission shall be entitled to receive service of process in any proceeding681
752+regarding the enforcement or interpretation of the Compact and shall have standing to682
753+intervene in such a proceeding for all purposes. Failure to provide the Commission683
754+service of process shall render a judgment or order void as to the Commission, this684
755+Compact, or promulgated Rules.685
756+B. Default, Technical Assistance, and Termination686
757+1. If the Commission determines that a Member State has defaulted in the performance687
758+of its obligations or responsibilities under this Compact or the promulgated Rules, the688
759+Commission shall provide written notice to the defaulting State. The notice of default689
760+shall describe the default, the proposed means of curing the default, and any other action690
761+that the Commission may take, and shall offer training and specific technical assistance691
762+regarding the default.692
763+2. The Commission shall provide a copy of the notice of default to the other Member693
764+States.694
765+C. If a State in default fails to cure the default, the defaulting State may be terminated from695
766+the Compact upon an affirmative vote of a majority of the delegates of the Member States,696
767+and all rights, privileges and benefits conferred on that State by this Compact may be697
768+terminated on the effective date of termination. A cure of the default does not relieve the698
769+offending State of obligations or liabilities incurred during the period of default.699
770+D. Termination of membership in the Compact shall be imposed only after all other means700
771+of securing compliance have been exhausted. Notice of intent to suspend or terminate shall701
772+be given by the Commission to the governor, the majority and minority leaders of the702
773+defaulting State's legislature, the defaulting State's State Licensing Authority and each of703
774+the Member States' State Licensing Authority.704
775+E. A State that has been terminated is responsible for all assessments, obligations, and705
776+liabilities incurred through the effective date of termination, including obligations that706
777+extend beyond the effective date of termination.707
778+H. B. 232
779+- 28 - 25 LC 52 0701
780+F. Upon the termination of a State's membership from this Compact, that State shall708
781+immediately provide notice to all Licensees who hold a Multistate License within that State709
782+of such termination. The terminated State shall continue to recognize all licenses granted710
783+pursuant to this Compact for a minimum of one hundred eighty (180) days after the date711
784+of said notice of termination.712
785+G. The Commission shall not bear any costs related to a State that is found to be in default713
786+or that has been terminated from the Compact, unless agreed upon in writing between the714
787+Commission and the defaulting State.715
788+H. The defaulting State may appeal the action of the Commission by petitioning the U.S.716
789+District Court for the District of Columbia or the federal district where the Commission has717
790+its principal offices. The prevailing party shall be awarded all costs of such litigation,718
791+including reasonable attorney's fees.719
792+I. Dispute Resolution720
793+1. Upon request by a Member State, the Commission shall attempt to resolve disputes721
794+related to the Compact that arise among Member States and between Member and722
795+non-Member States.723
796+2. The Commission shall promulgate a Rule providing for both mediation and binding724
797+dispute resolution for disputes as appropriate.725
798+J. Enforcement726
799+1. The Commission, in the reasonable exercise of its discretion, shall enforce the727
800+provisions of this Compact and the Commission's Rules.728
801+2. By majority vote as provided by Commission Rule, the Commission may initiate legal729
802+action against a Member State in default in the United States District Court for the730
803+District of Columbia or the federal district where the Commission has its principal offices731
804+to enforce compliance with the provisions of the Compact and its promulgated Rules. 732
805+The relief sought may include both injunctive relief and damages. In the event judicial733
806+enforcement is necessary, the prevailing party shall be awarded all costs of such734
807+H. B. 232
808+- 29 - 25 LC 52 0701
809+litigation, including reasonable attorney's fees. The remedies herein shall not be the735
810+exclusive remedies of the Commission. The Commission may pursue any other remedies736
811+available under federal or the defaulting Member State's law.737
812+3. A Member State may initiate legal action against the Commission in the U.S. District738
813+Court for the District of Columbia or the federal district where the Commission has its739
814+principal offices to enforce compliance with the provisions of the Compact and its740
815+promulgated Rules. The relief sought may include both injunctive relief and damages. 741
816+In the event judicial enforcement is necessary, the prevailing party shall be awarded all742
817+costs of such litigation, including reasonable attorney's fees.743
818+4. No individual or entity other than a Member State may enforce this Compact against744
819+the Commission.745
820+ARTICLE 12- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT746
821+A. The Compact shall come into effect on the date on which the Compact statute is747
822+enacted into law in the seventh Member State.748
823+1. On or after the effective date of the Compact, the Commission shall convene and749
824+review the enactment of each of the Charter Member States to determine if the statute750
825+enacted by each such Charter Member State is materially different than the model751
826+Compact statute.752
827+a. A Charter Member State whose enactment is found to be materially different from753
828+the model Compact statute shall be entitled to the default process set forth in Article 11.754
829+b. If any Member State is later found to be in default, or is terminated or withdraws755
830+from the Compact, the Commission shall remain in existence and the Compact shall756
831+remain in effect even if the number of Member States should be less than seven (7).757
832+2. Member States enacting the Compact subsequent to the Charter Member States shall758
833+be subject to the process set forth in Article 8.C.23 to determine if their enactments are759
834+H. B. 232
835+- 30 - 25 LC 52 0701
836+materially different from the model Compact statute and whether they qualify for760
837+participation in the Compact.761
838+3. All actions taken for the benefit of the Commission or in furtherance of the purposes762
839+of the administration of the Compact prior to the effective date of the Compact or the763
840+Commission coming into existence shall be considered to be actions of the Commission764
841+unless specifically repudiated by the Commission.765
842+4. Any State that joins the Compact shall be subject to the Commission's Rules and766
843+bylaws as they exist on the date on which the Compact becomes law in that State. Any767
844+Rule that has been previously adopted by the Commission shall have the full force and768
845+effect of law on the day the Compact becomes law in that State.769
846+B. Any Member State may withdraw from this Compact by enacting a statute repealing770
847+that State's enactment of the Compact.771
848+1. A Member State's withdrawal shall not take effect until one hundred eighty (180) days772
849+after enactment of the repealing statute.773
850+2. Withdrawal shall not affect the continuing requirement of the withdrawing State's774
851+Licensing Authority to comply with the investigative and Adverse Action reporting775
852+requirements of this Compact prior to the effective date of withdrawal.776
853+3. Upon the enactment of a statute withdrawing from this Compact, a State shall777
854+immediately provide notice of such withdrawal to all Licensees within that State. 778
855+Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing779
856+State shall continue to recognize all licenses granted pursuant to this Compact for a780
857+minimum of 180 days after the date of such notice of withdrawal.781
858+C. Nothing contained in this Compact shall be construed to invalidate or prevent any782
859+licensure agreement or other cooperative arrangement between a Member State and a783
860+non-Member State that does not conflict with the provisions of this Compact.784
861+H. B. 232
862+- 31 - 25 LC 52 0701
863+D. This Compact may be amended by the Member States. No amendment to this Compact785
864+shall become effective and binding upon any Member State until it is enacted into the laws786
865+of all Member States.787
866+ARTICLE 13- CONSTRUCTION AND SEVERABILITY788
867+A. This Compact and the Commission's rulemaking authority shall be liberally construed789
868+so as to effectuate the purposes, and the implementation and administration of the790
869+Compact. Provisions of the Compact expressly authorizing or requiring the promulgation791
870+of Rules shall not be construed to limit the Commission's rulemaking authority solely for792
871+those purposes.793
872+B. The provisions of this Compact shall be severable and if any phrase, clause, sentence794
873+or provision of this Compact is held by a court of competent jurisdiction to be contrary to795
874+the constitution of any Member State, a State seeking participation in the Compact, or of796
875+the United States, or the applicability thereof to any government, agency, person or797
876+circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity798
877+of the remainder of this Compact and the applicability thereof to any other government,799
878+agency, person or circumstance shall not be affected thereby.800
879+C. Notwithstanding subsection B of this article, the Commission may deny a State's801
880+participation in the Compact or, in accordance with the requirements of Article 11.B,802
881+terminate a Member State's participation in the Compact, if it determines that a803
882+constitutional requirement of a Member State is a material departure from the Compact. 804
883+Otherwise, if this Compact shall be held to be contrary to the constitution of any Member805
884+State, the Compact shall remain in full force and effect as to the remaining Member States806
885+and in full force and effect as to the Member State affected as to all severable matters.807
886+H. B. 232
887+- 32 - 25 LC 52 0701
888+ARTICLE 14- CONSISTENT EFFECT AND808
889+CONFLICT WITH OTHER STATE LAWS809
890+Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State810
891+that is not inconsistent with the Compact.811
892+Any laws, statutes, regulations, or other legal requirements in a Member State in conflict812
893+with the Compact are superseded to the extent of the conflict.813
894+All permissible agreements between the Commission and the Member States are binding814
895+in accordance with their terms.'"815
896+SECTION 4.816
897+All laws and parts of laws in conflict with this Act are repealed.817
898+H. B. 232
863899 - 33 -