25 LC 55 0611S
The Senate Committee on Regulated Industries and Utilities offered the following
substitute to HB 232:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to1
massage therapy practice, so as to enter into an interstate compact known as the "Interstate2
Massage Compact" and to increase the number of education hours applicable to licensed3
massage therapists; to authorize the Georgia Board of Massage Therapy to administer the4
compact in this state; to provide definitions; to provide for conditions; to provide for5
eligibility; to provide for related matters; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage9
therapy practice, is amended by revising paragraph (6) of Code Section 43-24A-3, relating10
to definitions, as follows:11
"(6) 'License' means a valid and current certificate of registration issued by the board12
pursuant to this chapter to practice massage therapy or a multistate license issued13
pursuant to the Interstate Massage Compact contained in Article 3 of this chapter."14
- 1 - 25 LC 55 0611S
SECTION 2.15
Said chapter is further amended by revising subsection (b) of Code Section 43-24A-7,16
relating to the powers of the Georgia Board of Massage Therapy, as follows:17
"(b) The board shall have the power to:18
(1) Examine and determine the qualifications and fitness of applicants for licenses to19
practice massage therapy in this state;20
(2) Issue, renew, refuse to renew, deny, suspend, or revoke licenses to practice massage21
therapy in this state or otherwise discipline licensed massage therapists;22
(3) Conduct investigations for the purpose of discovering violations of this chapter or23
grounds for disciplining persons or entities acting in violation of this chapter;24
(4) Initiate on-site inspections of the facility, equipment, policies, and practices of a25
massage therapy business or board recognized massage therapy educational program by26
appropriate inspectors in the office of the Secretary of State for the purpose of27
determining compliance with the standards established pursuant to this chapter;28
(5) Hold hearings on all matters properly brought before the board and, in conjunction29
therewith, to administer oaths, receive evidence, make the necessary determinations, and30
enter orders consistent with the findings. The board may designate one or more of its31
members as its hearing officer;32
(6) Adopt, revise, and enforce rules concerning advertising by licensees including, but33
not limited to, rules to prohibit false, misleading, or deceptive practices;34
(7) Periodically evaluate board recognized massage therapy educational programs and35
license such programs that meet the board's requirements;36
(8) Develop and enforce standards for continuing education courses required of licensed37
massage therapists which may include courses in massage therapy or any of the38
modalities described in paragraphs (5) through (8) of subsection (a) of Code Section39
43-24A-19;40
- 2 - 25 LC 55 0611S
(9) Develop and enforce reasonable and uniform standards for massage therapy41
educational programs and massage therapy practice;42
(10) Deny or withdraw recognition of noncompliant massage therapy educational43
programs that do not meet standards established pursuant to this chapter;44
(11) Appoint standing or ad hoc committees as necessary to inform and make45
recommendations to the board about issues and concerns of the massage therapy46
profession and to facilitate communication amongst the board, licensees under this47
chapter, and the community, which may include nonmembers of the board;48
(12) Collect and publish data regarding existing massage therapy resources in Georgia49
without violation of any state or federal privacy laws and coordinate planning for board50
recognized massage therapy educational programs and practice;51
(13) Adopt an official seal; and52
(14) Bring proceedings to the courts for the enforcement of this chapter or any rules and53
regulations promulgated pursuant to this chapter; and54
(15) Administer the Interstate Massage Compact contained in Article 3 of this chapter."55
SECTION 3.56
Said chapter is further amended by revising paragraph (6) of subsection (b) of Code57
Section 43-24A-8, relating to licensure of massage therapists, application, and requirements,58
as follows:59
"(6) The applicant has completed successfully a board recognized massage therapy60
educational program consisting of a minimum of 500 625 hours of course and clinical61
work;"62
SECTION 4.63
Said chapter is further amended by adding a new article to read as follows:64
- 3 - 25 LC 55 0611S
"ARTICLE 365
43-24A-40.66
This article shall be known and may be cited as the 'Interstate Massage Compact Act.'67
43-24A-41.68
The Interstate Massage Compact is enacted into law and entered into by the State of69
Georgia with any and all other states legally joining therein in the form substantially as70
follows:71
'INTERSTATE MASSAGE COMPACT72
ARTICLE 1- PURPOSE73
The purpose of this Compact is to reduce the burdens on State governments and to facilitate74
the interstate practice and regulation of Massage Therapy with the goal of improving public75
access to, and the safety of, Massage Therapy Services. Through this Compact, the76
Member States seek to establish a regulatory framework which provides for a new77
multistate licensing program. Through this additional licensing pathway, the Member78
States seek to provide increased value and mobility to licensed massage therapists in the79
Member States, while ensuring the provision of safe, competent, and reliable services to80
the public.81
This Compact is designed to achieve the following objectives, and the Member States82
hereby ratify the same intentions by subscribing hereto:83
A. Increase public access to Massage Therapy Services by providing for a multistate84
licensing pathway;85
B. Enhance the Member States' ability to protect the public's health and safety;86
C. Enhance the Member States' ability to prevent human trafficking and licensure fraud;87
- 4 - 25 LC 55 0611S
D. Encourage the cooperation of Member States in regulating the multistate Practice of88
Massage Therapy;89
E. Support relocating military members and their spouses;90
F. Facilitate and enhance the exchange of licensure, investigative, and disciplinary91
information between the Member States;92
G. Create an Interstate Commission that will exist to implement and administer the93
Compact;94
H. Allow a Member State to hold a Licensee accountable, even where that Licensee holds95
a Multistate License;96
I. Create a streamlined pathway for Licensees to practice in Member States, thus97
increasing the mobility of duly licensed massage therapists; and98
J. Serve the needs of licensed massage therapists and the public receiving their services;99
however,100
K. Nothing in this Compact is intended to prevent a State from enforcing its own laws101
regarding the Practice of Massage Therapy.102
ARTICLE 2- DEFINITIONS103
As used in this Compact, except as otherwise provided and subject to clarification by the104
Rules of the Commission, the following definitions shall govern the terms herein:105
A. "Active Duty Military" - any individual in full-time duty status in the active uniformed106
service of the United States including members of the National Guard and Reserve.107
B. "Adverse Action" - any administrative, civil, equitable, or criminal action permitted by108
a Member State's laws which is imposed by a Licensing Authority or other regulatory body109
against a Licensee, including actions against an individual's Authorization to Practice such110
as revocation, suspension, probation, surrender in lieu of discipline, monitoring of the111
Licensee, limitation of the Licensee's practice, or any other Encumbrance on licensure112
- 5 - 25 LC 55 0611S
affecting an individual's ability to practice Massage Therapy, including the issuance of a113
cease and desist order.114
C. "Alternative Program" - a non-disciplinary monitoring or prosecutorial diversion115
program approved by a Member State's Licensing Authority.116
D. "Authorization to Practice" - a legal authorization by a Remote State pursuant to a117
Multistate License permitting the Practice of Massage Therapy in that Remote State, which118
shall be subject to the enforcement jurisdiction of the Licensing Authority in that Remote119
State.120
E. "Background Check" - the submission of an applicant's criminal history record121
information, as further defined in 28 C.F.R. ยง 20.3(d), as amended from the Federal Bureau122
of Investigation and the agency responsible for retaining State criminal records in the123
applicant's Home State.124
F. "Charter Member States" - Member States who have enacted legislation to adopt this125
Compact where such legislation predates the effective date of this Compact as defined in126
Article 12.127
G. "Commission" - the government agency whose membership consists of all States that128
have enacted this Compact, which is known as the Interstate Massage Compact129
Commission, as defined in Article 8, and which shall operate as an instrumentality of the130
Member States.131
H. "Continuing Competence" - a requirement, as a condition of license renewal, to provide132
evidence of participation in, and completion of, educational or professional activities that133
maintain, improve, or enhance Massage Therapy fitness to practice.134
I. "Current Significant Investigative Information" - Investigative Information that a135
Licensing Authority, after an inquiry or investigation that complies with a Member State's136
due process requirements, has reason to believe is not groundless and, if proved true, would137
indicate a violation of that State's laws regarding the Practice of Massage Therapy.138
- 6 - 25 LC 55 0611S
J. "Data System" - a repository of information about Licensees who hold Multistate139
Licenses, which may include but is not limited to license status, Investigative Information,140
and Adverse Actions.141
K. "Disqualifying Event" - any event which shall disqualify an individual from holding142
a Multistate License under this Compact, which the Commission may by Rule specify.143
L. "Encumbrance" - a revocation or suspension of, or any limitation or condition on, the144
full and unrestricted Practice of Massage Therapy by a Licensing Authority.145
M. "Executive Committee" - a group of delegates elected or appointed to act on behalf of,146
and within the powers granted to them by, the Commission.147
N. "Home State" - means the Member State which is a Licensee's primary state of148
residence where the Licensee holds an active Single-State License.149
O. "Investigative Information" - information, records, or documents received or generated150
by a Licensing Authority pursuant to an investigation or other inquiry.151
P. "Licensing Authority" - a State's regulatory body responsible for issuing Massage152
Therapy licenses or otherwise overseeing the Practice of Massage Therapy in that State.153
Q. "Licensee" - an individual who currently holds a license from a Member State to fully154
practice Massage Therapy, whose license is not a student, provisional, temporary, inactive,155
or other similar status.156
R. "Massage Therapy", "Massage Therapy Services", and the "Practice of Massage157
Therapy" - the care and services provided by a Licensee as set forth in the Member State's158
statutes and regulations in the State where the services are being provided.159
S. "Member State" - any State that has adopted this Compact.160
T. "Multistate License" - a license that consists of Authorizations to Practice Massage161
Therapy in all Remote States pursuant to this Compact, which shall be subject to the162
enforcement jurisdiction of the Licensing Authority in a Licensee's Home State.163
U. "National Licensing Examination" - A national examination developed by a national164
association of Massage Therapy regulatory boards, as defined by Commission Rule, that165
- 7 - 25 LC 55 0611S
is derived from a practice analysis and is consistent with generally accepted psychometric166
principles of fairness, validity and reliability, and is administered under secure and167
confidential examination protocols.168
V. "Remote State" - any Member State, other than the Licensee's Home State.169
W. "Rule" - any opinion or regulation promulgated by the Commission under this170
Compact, which shall have the force of law.171
X. "Single-State License" - a current, valid authorization issued by a Member State's172
Licensing Authority allowing an individual to fully practice Massage Therapy, that is not173
a restricted, student, provisional, temporary, or inactive practice authorization and174
authorizes practice only within the issuing State.175
Y. "State" - a state, territory, possession of the United States, or the District of Columbia.176
ARTICLE 3- MEMBER STATE REQUIREMENTS177
A. To be eligible to join this Compact, and to maintain eligibility as a Member State, a178
State must:179
1. License and regulate the Practice of Massage Therapy;180
2. Have a mechanism or entity in place to receive and investigate complaints from the181
public, regulatory or law enforcement agencies, or the Commission about Licensees182
practicing in that State;183
3. Accept passage of a National Licensing Examination as a criterion for Massage184
Therapy licensure in that State;185
4. Require that Licensees satisfy educational requirements prior to being licensed to186
provide Massage Therapy Services to the public in that State;187
5. Implement procedures for requiring the Background Check of applicants for a188
Multistate License, and for the reporting of any Disqualifying Events, including but not189
limited to obtaining and submitting, for each Licensee holding a Multistate License and190
each applicant for a Multistate License, fingerprint or other biometric-based information191
- 8 - 25 LC 55 0611S
to the Federal Bureau of Investigation for Background Checks; receiving the results of192
the Federal Bureau of Investigation record search on Background Checks and considering193
the results of such a Background Check in making licensure decisions;194
6. Have Continuing Competence requirements as a condition for license renewal;195
7. Participate in the Data System, including through the use of unique identifying196
numbers as described herein;197
8. Notify the Commission and other Member States, in compliance with the terms of the198
Compact and Rules of the Commission, of any disciplinary action taken by the State199
against a Licensee practicing under a Multistate License in that State, or of the existence200
of Investigative Information or Current Significant Investigative Information regarding201
a Licensee practicing in that State pursuant to a Multistate License;202
9. Comply with the Rules of the Commission;203
10. Accept Licensees with valid Multistate Licenses from other Member States as204
established herein;205
B. Individuals not residing in a Member State shall continue to be able to apply for a206
Member State's Single-State License as provided under the laws of each Member State. 207
However, the Single-State License granted to those individuals shall not be recognized as208
granting a Multistate License for Massage Therapy in any other Member State;209
C. Nothing in this Compact shall affect the requirements established by a Member State210
for the issuance of a Single-State License; and211
D. A Multistate License issued to a Licensee shall be recognized by each Remote State as212
an Authorization to Practice Massage Therapy in each Remote State.213
ARTICLE 4- MULTISTATE LICENSE REQUIREMENTS214
A. To qualify for a Multistate License under this Compact, and to maintain eligibility for215
such a license, an applicant must:216
- 9 - 25 LC 55 0611S
1. Hold an active Single-State License to practice Massage Therapy in the applicant's217
Home State;218
2. Have completed at least six hundred and twenty-five (625) clock hours of Massage219
Therapy education or the substantial equivalent which the Commission may approve by220
Rule.221
3. Have passed a National Licensing Examination or the substantial equivalent which the222
Commission may approve by Rule.223
4. Submit to a Background Check;224
5. Have not been convicted or found guilty, or have entered into an agreed disposition,225
of a felony offense under applicable State or federal criminal law, within five (5) years226
prior to the date of their application, where such a time period shall not include any time227
served for the offense, and provided that the applicant has completed any and all228
requirements arising as a result of any such offense;229
6. Have not been convicted or found guilty, or have entered into an agreed disposition,230
of a misdemeanor offense related to the Practice of Massage Therapy under applicable231
State or federal criminal law, within two (2) years prior to the date of their application232
where such a time period shall not include any time served for the offense, and provided233
that the applicant has completed any and all requirements arising as a result of any such234
offense;235
7. Have not been convicted or found guilty, or have entered into an agreed disposition,236
of any offense, whether a misdemeanor or a felony, under State or federal law, at any237
time, relating to any of the following:238
a. Kidnapping;239
b. Human trafficking;240
c. Human smuggling;241
d. Sexual battery, sexual assault, or any related offenses; or242
e. Any other category of offense which the Commission may by Rule designate.243
- 10 - 25 LC 55 0611S
8. Have not previously held a Massage Therapy license which was revoked by, or244
surrendered in lieu of discipline to an applicable Licensing Authority;245
9. Have no history of any Adverse Action on any occupational or professional license246
within two (2) years prior to the date of their application; and247
10. Pay all required fees.248
B. A Multistate License granted pursuant to this Compact may be effective for a definite249
period of time concurrent with the renewal of the Home State license.250
C. A Licensee practicing in a Member State is subject to all scope of practice laws251
governing Massage Therapy Services in that State.252
D. The Practice of Massage Therapy under a Multistate License granted pursuant to this253
Compact will subject the Licensee to the jurisdiction of the Licensing Authority, the courts,254
and the laws of the Member State in which the Massage Therapy Services are provided.255
ARTICLE 5- AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION256
AND MEMBER STATE LICENSING AUTHORITIES257
A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,258
restrict, or in any way reduce the ability of a Member State to enact and enforce laws,259
regulations, or other rules related to the Practice of Massage Therapy in that State, where260
those laws, regulations, or other rules are not inconsistent with the provisions of this261
Compact.262
B. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,263
restrict, or in any way reduce the ability of a Member State to take Adverse Action against264
a Licensee's Single-State License to practice Massage Therapy in that State.265
C. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,266
restrict, or in any way reduce the ability of a Remote State to take Adverse Action against267
a Licensee's Authorization to Practice in that State.268
- 11 - 25 LC 55 0611S
D. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,269
restrict, or in any way reduce the ability of a Licensee's Home State to take Adverse Action270
against a Licensee's Multistate License based upon information provided by a Remote271
State.272
E. Insofar as practical, a Member State's Licensing Authority shall cooperate with the273
Commission and with each entity exercising independent regulatory authority over the274
Practice of Massage Therapy according to the provisions of this Compact.275
ARTICLE 6- ADVERSE ACTIONS276
A. A Licensee's Home State shall have exclusive power to impose an Adverse Action277
against a Licensee's Multistate License issued by the Home State.278
B. A Home State may take Adverse Action on a Multistate License based on the279
Investigative Information, Current Significant Investigative Information, or Adverse Action280
of a Remote State.281
C. A Home State shall retain authority to complete any pending investigations of a282
Licensee practicing under a Multistate License who changes their Home State during the283
course of such an investigation. The Licensing Authority shall also be empowered to284
report the results of such an investigation to the Commission through the Data System as285
described herein.286
D. Any Member State may investigate actual or alleged violations of the scope of practice287
laws in any other Member State for a massage therapist who holds a Multistate License.288
E. A Remote State shall have the authority to:289
1. Take Adverse Actions against a Licensee's Authorization to Practice;290
2. Issue cease and desist orders or impose an Encumbrance on a Licensee's Authorization291
to Practice in that State.292
3. Issue subpoenas for both hearings and investigations that require the attendance and293
testimony of witnesses, as well as the production of evidence. Subpoenas issued by a294
- 12 - 25 LC 55 0611S
Licensing Authority in a Member State for the attendance and testimony of witnesses or295
the production of evidence from another Member State shall be enforced in the latter296
State by any court of competent jurisdiction, according to the practice and procedure of297
that court applicable to subpoenas issued in proceedings before it. The issuing Licensing298
Authority shall pay any witness fees, travel expenses, mileage, and other fees required299
by the service statutes of the State in which the witnesses or evidence are located.300
4. If otherwise permitted by State law, recover from the affected Licensee the costs of301
investigations and disposition of cases resulting from any Adverse Action taken against302
that Licensee.303
5. Take Adverse Action against the Licensee's Authorization to Practice in that State304
based on the factual findings of another Member State.305
F. If an Adverse Action is taken by the Home State against a Licensee's Multistate License306
or Single-State License to practice in the Home State, the Licensee's Authorization to307
Practice in all other Member States shall be deactivated until all Encumbrances have been308
removed from such license. All Home State disciplinary orders that impose an Adverse309
Action against a Licensee shall include a statement that the Massage Therapist's310
Authorization to Practice is deactivated in all Member States during the pendency of the311
order.312
G. If Adverse Action is taken by a Remote State against a Licensee's Authorization to313
Practice, that Adverse Action applies to all Authorizations to Practice in all Remote States. 314
A Licensee whose Authorization to Practice in a Remote State is removed for a specified315
period of time is not eligible to apply for a new Multistate License in any other State until316
the specific time for removal of the Authorization to Practice has passed and all317
encumbrance requirements are satisfied.318
H. Nothing in this Compact shall override a Member State's authority to accept a319
Licensee's participation in an Alternative Program in lieu of Adverse Action. A Licensee's320
- 13 - 25 LC 55 0611S
Multistate License shall be suspended for the duration of the Licensee's participation in any321
Alternative Program.322
I. Joint Investigations323
1. In addition to the authority granted to a Member State by its respective scope of324
practice laws or other applicable State law, a Member State may participate with other325
Member States in joint investigations of Licensees.326
2. Member States shall share any investigative, litigation, or compliance materials in327
furtherance of any joint or individual investigation initiated under the Compact.328
ARTICLE 7- ACTIVE DUTY MILITARY AND THEIR SPOUSES329
Active Duty Military personnel, or their spouses, shall designate a Home State where the330
individual has a current license to practice Massage Therapy in good standing. The331
individual may retain their Home State designation during any period of service when that332
individual or their spouse is on active duty assignment.333
ARTICLE 8- ESTABLISHMENT AND OPERATION OF334
INTERSTATE MASSAGE COMPACT COMMISSION335
A. The Compact Member States hereby create and establish a joint government agency336
whose membership consists of all Member States that have enacted the Compact known337
as the Interstate Massage Compact Commission. The Commission is an instrumentality338
of the Compact States acting jointly and not an instrumentality of any one State. The339
Commission shall come into existence on or after the effective date of the Compact as set340
forth in Article 12.341
B. Membership, Voting, and Meetings342
1. Each Member State shall have and be limited to one (1) delegate selected by that343
Member State's State Licensing Authority.344
- 14 - 25 LC 55 0611S
2. The delegate shall be the primary administrative officer of the State Licensing345
Authority or their designee.346
3. The Commission shall by Rule or bylaw establish a term of office for delegates and347
may by Rule or bylaw establish term limits.348
4. The Commission may recommend removal or suspension of any delegate from office.349
5. A Member State's State Licensing Authority shall fill any vacancy of its delegate350
occurring on the Commission within 60 days of the vacancy.351
6. Each delegate shall be entitled to one vote on all matters that are voted on by the352
Commission.353
7. The Commission shall meet at least once during each calendar year. Additional354
meetings may be held as set forth in the bylaws. The Commission may meet by355
telecommunication, video conference or other similar electronic means.356
C. The Commission shall have the following powers:357
1. Establish the fiscal year of the Commission;358
2. Establish code of conduct and conflict of interest policies;359
3. Adopt Rules and bylaws;360
4. Maintain its financial records in accordance with the bylaws;361
5. Meet and take such actions as are consistent with the provisions of this Compact, the362
Commission's Rules, and the bylaws;363
6. Initiate and conclude legal proceedings or actions in the name of the Commission,364
provided that the standing of any State Licensing Authority to sue or be sued under365
applicable law shall not be affected;366
7. Maintain and certify records and information provided to a Member State as the367
authenticated business records of the Commission, and designate an agent to do so on the368
Commission's behalf;369
8. Purchase and maintain insurance and bonds;370
- 15 - 25 LC 55 0611S
9. Borrow, accept, or contract for services of personnel, including, but not limited to,371
employees of a Member State;372
10. Conduct an annual financial review;373
11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such374
individuals appropriate authority to carry out the purposes of the Compact, and establish375
the Commission's personnel policies and programs relating to conflicts of interest,376
qualifications of personnel, and other related personnel matters;377
12. Assess and collect fees;378
13. Accept any and all appropriate gifts, donations, grants of money, other sources of379
revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose380
of the same; provided that at all times the Commission shall avoid any appearance of381
impropriety or conflict of interest;382
14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or383
mixed, or any undivided interest therein;384
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of385
any property real, personal, or mixed;386
16. Establish a budget and make expenditures;387
17. Borrow money;388
18. Appoint committees, including standing committees, composed of members, State389
regulators, State legislators or their representatives, and consumer representatives, and390
such other interested persons as may be designated in this Compact and the bylaws;391
19. Accept and transmit complaints from the public, regulatory or law enforcement392
agencies, or the Commission, to the relevant Member State(s) regarding potential393
misconduct of Licensees;394
20. Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of the395
Commission as provided in the Commission's bylaws;396
21. Establish and elect an Executive Committee, including a chair and a vice chair;397
- 16 - 25 LC 55 0611S
22. Adopt and provide to the Member States an annual report.398
23. Determine whether a State's adopted language is materially different from the model399
Compact language such that the State would not qualify for participation in the Compact;400
and401
24. Perform such other functions as may be necessary or appropriate to achieve the402
purposes of this Compact.403
D. The Executive Committee404
1. The Executive Committee shall have the power to act on behalf of the Commission405
according to the terms of this Compact. The powers, duties, and responsibilities of the406
Executive Committee shall include:407
a. Overseeing the day-to-day activities of the administration of the Compact including 408
compliance with the provisions of the Compact, the Commission's Rules and bylaws,409
and other such duties as deemed necessary;410
b. Recommending to the Commission changes to the Rules or bylaws, changes to this411
Compact legislation, fees charged to Compact Member States, fees charged to412
Licensees, and other fees;413
c. Ensuring Compact administration services are appropriately provided, including by414
contract;415
d. Preparing and recommending the budget;416
e. Maintaining financial records on behalf of the Commission;417
f. Monitoring Compact compliance of Member States and providing compliance418
reports to the Commission;419
g. Establishing additional committees as necessary;420
h. Exercise the powers and duties of the Commission during the interim between421
Commission meetings, except for adopting or amending Rules, adopting or amending422
bylaws, and exercising any other powers and duties expressly reserved to the423
Commission by Rule or bylaw; and424
- 17 - 25 LC 55 0611S
i. Other duties as provided in the Rules or bylaws of the Commission.425
2. The Executive Committee shall be composed of seven voting members and up to two426
exofficio members as follows:427
a. The chair and vice chair of the Commission and any other members of the428
Commission who serve on the Executive Committee shall be voting members of the429
Executive Committee; and430
b. Other than the chair, vice-chair, secretary and treasurer, the Commission shall elect431
three voting members from the current membership of the Commission.432
c. The Commission may elect ex-officio, nonvoting members as necessary as follows:433
i. One ex-officio member who is a representative of the national association of State434
Massage Therapy regulatory boards435
ii. One ex-officio member as specified in the Commission's bylaws.436
3. The Commission may remove any member of the Executive Committee as provided437
in the Commission's bylaws.438
4. The Executive Committee shall meet at least annually.439
a. Executive Committee meetings shall be open to the public, except that the Executive440
Committee may meet in a closed, non-public session of a public meeting when dealing441
with any of the matters covered under subsection F.4.442
b. The Executive Committee shall give five business days advance notice of its public443
meetings, posted on its website and as determined to provide notice to persons with an444
interest in the public matters the Executive Committee intends to address at those445
meetings.446
5. The Executive Committee may hold an emergency meeting when acting for the447
Commission to:448
a. Meet an imminent threat to public health, safety, or welfare;449
b. Prevent a loss of Commission or Participating State funds; or450
c. Protect public health and safety.451
- 18 - 25 LC 55 0611S
E. The Commission shall adopt and provide to the Member States an annual report.452
F. Meetings of the Commission453
1. All meetings of the Commission that are not closed pursuant to this subsection shall454
be open to the public. Notice of public meetings shall be posted on the Commission's455
website at least thirty (30) days prior to the public meeting.456
2. Notwithstanding subsection F.1 of this Article, the Commission may convene an457
emergency public meeting by providing at least twenty-four (24) hours prior notice on458
the Commission's website, and any other means as provided in the Commission's Rules,459
for any of the reasons it may dispense with notice of proposed rulemaking under Article460
10.L. The Commission's legal counsel shall certify the that one of the reasons justifying461
an emergency public meeting has been met.462
3. Notice of all Commission meetings shall provide the time, date, and location of the463
meeting, and if the meeting is to be held or accessible via telecommunication, video464
conference, or other electronic means, the notice shall include the mechanism for access465
to the meeting.466
4. The Commission may convene in a closed, non-public meeting for the Commission467
to discuss:468
a. Non-compliance of a Member State with its obligations under the Compact;469
b. The employment, compensation, discipline or other matters, practices or procedures470
related to specific employees or other matters related to the Commission's internal471
personnel practices and procedures;472
c. Current or threatened discipline of a Licensee by the Commission or by a Member473
State's Licensing Authority;474
d. Current, threatened, or reasonably anticipated litigation;475
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real476
estate;477
f. Accusing any person of a crime or formally censuring any person;478
- 19 - 25 LC 55 0611S
g. Trade secrets or commercial or financial information that is privileged or479
confidential;480
h. Information of a personal nature where disclosure would constitute a clearly481
unwarranted invasion of personal privacy;482
i. Investigative records compiled for law enforcement purposes;483
j. Information related to any investigative reports prepared by or on behalf of or for use484
of the Commission or other committee charged with responsibility of investigation or485
determination of compliance issues pursuant to the Compact;486
k. Legal advice;487
l. Matters specifically exempted from disclosure to the public by federal or Member488
State law; or489
m. Other matters as promulgated by the Commission by Rule.490
5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the491
meeting will be closed and reference each relevant exempting provision, and such492
reference shall be recorded in the minutes.493
6. The Commission shall keep minutes that fully and clearly describe all matters494
discussed in a meeting and shall provide a full and accurate summary of actions taken,495
and the reasons therefore, including a description of the views expressed. All documents496
considered in connection with an action shall be identified in such minutes. All minutes497
and documents of a closed meeting shall remain under seal, subject to release only by a498
majority vote of the Commission or order of a court of competent jurisdiction.499
G. Financing of the Commission500
1. The Commission shall pay, or provide for the payment of, the reasonable expenses of501
its establishment, organization, and ongoing activities.502
2. The Commission may accept any and all appropriate sources of revenue, donations,503
and grants of money, equipment, supplies, materials, and services.504
- 20 - 25 LC 55 0611S
3. The Commission may levy on and collect an annual assessment from each Member505
State and impose fees on Licensees of Member States to whom it grants a Multistate506
License to cover the cost of the operations and activities of the Commission and its staff,507
which must be in a total amount sufficient to cover its annual budget as approved each508
year for which revenue is not provided by other sources. The aggregate annual509
assessment amount for Member States shall be allocated based upon a formula that the510
Commission shall promulgate by Rule.511
4. The Commission shall not incur obligations of any kind prior to securing the funds512
adequate to meet the same; nor shall the Commission pledge the credit of any Member513
States, except by and with the authority of the Member State.514
5. The Commission shall keep accurate accounts of all receipts and disbursements. The515
receipts and disbursements of the Commission shall be subject to the financial review and516
accounting procedures established under its bylaws. All receipts and disbursements of517
funds handled by the Commission shall be subject to an annual financial review by a518
certified or licensed public accountant, and the report of the financial review shall be519
included in and become part of the annual report of the Commission.520
H. Qualified Immunity, Defense, and Indemnification521
1. The members, officers, executive director, employees and representatives of the522
Commission shall be immune from suit and liability, both personally and in their official523
capacity, for any claim for damage to or loss of property or personal injury or other civil524
liability caused by or arising out of any actual or alleged act, error, or omission that525
occurred, or that the person against whom the claim is made had a reasonable basis for526
believing occurred within the scope of Commission employment, duties or527
responsibilities; provided that nothing in this paragraph shall be construed to protect any528
such person from suit or liability for any damage, loss, injury, or liability caused by the529
intentional or willful or wanton misconduct of that person. The procurement of insurance530
- 21 - 25 LC 55 0611S
of any type by the Commission shall not in any way compromise or limit the immunity531
granted hereunder.532
2. The Commission shall defend any member, officer, executive director, employee, and533
representative of the Commission in any civil action seeking to impose liability arising534
out of any actual or alleged act, error, or omission that occurred within the scope of535
Commission employment, duties, or responsibilities, or as determined by the Commission536
that the person against whom the claim is made had a reasonable basis for believing537
occurred within the scope of Commission employment, duties, or responsibilities;538
provided that nothing herein shall be construed to prohibit that person from retaining their539
own counsel at their own expense; and provided further, that the actual or alleged act,540
error, or omission did not result from that person's intentional or willful or wanton541
misconduct.542
3. The Commission shall indemnify and hold harmless any member, officer, executive543
director, employee, and representative of the Commission for the amount of any544
settlement or judgment obtained against that person arising out of any actual or alleged545
act, error, or omission that occurred within the scope of Commission employment, duties,546
or responsibilities, or that such person had a reasonable basis for believing occurred547
within the scope of Commission employment, duties, or responsibilities, provided that548
the actual or alleged act, error, or omission did not result from the intentional or willful549
or wanton misconduct of that person.550
4. Nothing herein shall be construed as a limitation on the liability of any Licensee for551
professional malpractice or misconduct, which shall be governed solely by any other552
applicable State laws.553
5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member554
State's State action immunity or State action affirmative defense with respect to antitrust555
claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or556
anticompetitive law or regulation.557
- 22 - 25 LC 55 0611S
6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by558
the Member States or by the Commission.559
ARTICLE 9- DATA SYSTEM560
A. The Commission shall provide for the development, maintenance, operation, and561
utilization of a coordinated database and reporting system.562
B. The Commission shall assign each applicant for a Multistate License a unique563
identifier, as determined by the Rules of the Commission.564
C. Notwithstanding any other provision of State law to the contrary, a Member State shall565
submit a uniform data set to the Data System on all individuals to whom this Compact is566
applicable as required by the Rules of the Commission, including:567
1. Identifying information;568
2. Licensure data;569
3. Adverse Actions against a license and information related thereto;570
4. Non-confidential information related to Alternative Program participation, the571
beginning and ending dates of such participation, and other information related to such572
participation;573
5. Any denial of application for licensure, and the reason(s) for such denial (excluding574
the reporting of any criminal history record information where prohibited by law);575
6. The existence of Investigative Information;576
7. The existence presence of Current Significant Investigative Information; and577
8. Other information that may facilitate the administration of this Compact or the578
protection of the public, as determined by the Rules of the Commission.579
D. The records and information provided to a Member State pursuant to this Compact or580
through the Data System, when certified by the Commission or an agent thereof, shall581
constitute the authenticated business records of the Commission, and shall be entitled to582
- 23 - 25 LC 55 0611S
any associated hearsay exception in any relevant judicial, quasi-judicial or administrative583
proceedings in a Member State.584
E. The existence of Current Significant Investigative Information and the existence of585
Investigative Information pertaining to a Licensee in any Member State will only be586
available to other Member States.587
F. It is the responsibility of the Member States to report any Adverse Action against a588
Licensee who holds a Multistate License and to monitor the database to determine whether589
Adverse Action has been taken against such a Licensee or License applicant. Adverse590
Action information pertaining to a Licensee or License applicant in any Member State will591
be available to any other Member State.592
G. Member States contributing information to the Data System may designate information593
that may not be shared with the public without the express permission of the contributing594
State.595
H. Any information submitted to the Data System that is subsequently expunged pursuant596
to federal law or the laws of the Member State contributing the information shall be597
removed from the Data System.598
ARTICLE 10- RULEMAKING599
A. The Commission shall promulgate reasonable Rules in order to effectively and600
efficiently implement and administer the purposes and provisions of the Compact. A Rule601
shall be invalid and have no force or effect only if a court of competent jurisdiction holds602
that the Rule is invalid because the Commission exercised its rulemaking authority in a603
manner that is beyond the scope and purposes of the Compact, or the powers granted604
hereunder, or based upon another applicable standard of review.605
B. The Rules of the Commission shall have the force of law in each Member State,606
provided however that where the Rules of the Commission conflict with the laws of the607
Member State that establish the Member State's scope of practice as held by a court of608
- 24 - 25 LC 55 0611S
competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the609
extent of the conflict.610
C. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth611
in this article and the Rules adopted thereunder. Rules shall become binding as of the date612
specified by the Commission for each Rule.613
D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule,614
by enactment of a statute or resolution in the same manner used to adopt the Compact615
within four (4) years of the date of adoption of the Rule, then such Rule shall have no616
further force and effect in any Member State or to any State applying to participate in the617
Compact.618
E. Rules shall be adopted at a regular or special meeting of the Commission.619
F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and620
allow persons to provide oral and written comments, data, facts, opinions, and arguments.621
G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days622
in advance of the meeting at which the Commission will hold a public hearing on the623
proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:624
1. On the website of the Commission or other publicly accessible platform;625
2. To persons who have requested notice of the Commission's notices of proposed626
rulemaking, and627
3. In such other way(s) as the Commission may by Rule specify.628
H. The Notice of Proposed Rulemaking shall include:629
1. The time, date, and location of the public hearing at which the Commission will hear630
public comments on the proposed Rule and, if different, the time, date, and location of631
the meeting where the Commission will consider and vote on the proposed Rule;632
2. If the hearing is held via telecommunication, video conference, or other electronic633
means, the Commission shall include the mechanism for access to the hearing in the634
Notice of Proposed Rulemaking;635
- 25 - 25 LC 55 0611S
3. The text of the proposed Rule and the reason therefor;636
4. A request for comments on the proposed Rule from any interested person; and637
5. The manner in which interested persons may submit written comments.638
I. All hearings will be recorded. A copy of the recording and all written comments and639
documents received by the Commission in response to the proposed Rule shall be available640
to the public.641
J. Nothing in this article shall be construed as requiring a separate hearing on each Rule. 642
Rules may be grouped for the convenience of the Commission at hearings required by this643
article.644
K. The Commission shall, by majority vote of all Commissioners, take final action on the645
proposed Rule based on the Rulemaking record.646
1. The Commission may adopt changes to the proposed Rule provided the changes do647
not enlarge the original purpose of the proposed Rule.648
2. The Commission shall provide an explanation of the reasons for substantive changes649
made to the proposed Rule as well as reasons for substantive changes not made that were650
recommended by commenters.651
3. The Commission shall determine a reasonable effective date for the Rule. Except for652
an emergency as provided in subsection L of this article, the effective date of the Rule653
shall be no sooner than thirty (30) days after the Commission issuing the notice that it654
adopted or amended the Rule.655
L. Upon determination that an emergency exists, the Commission may consider and adopt656
an emergency Rule with 24 hours notice, provided that the usual Rulemaking procedures657
provided in the Compact and in this article shall be retroactively applied to the Rule as658
soon as reasonably possible, in no event later than ninety (90) days after the effective date659
of the Rule. For the purposes of this provision, an emergency Rule is one that must be660
adopted immediately to:661
1. Meet an imminent threat to public health, safety, or welfare;662
- 26 - 25 LC 55 0611S
2. Prevent a loss of Commission or Member State funds;663
3. Meet a deadline for the promulgation of a Rule that is established by federal law or664
rule; or665
4. Protect public health and safety.666
M. The Commission or an authorized committee of the Commission may direct revisions667
to a previously adopted Rule for purposes of correcting typographical errors, errors in668
format, errors in consistency, or grammatical errors. Public notice of any revisions shall669
be posted on the website of the Commission. The revision shall be subject to challenge by670
any person for a period of thirty (30) days after posting. The revision may be challenged671
only on grounds that the revision results in a material change to a Rule. A challenge shall672
be made in writing and delivered to the Commission prior to the end of the notice period. 673
If no challenge is made, the revision will take effect without further action. If the revision674
is challenged, the revision may not take effect without the approval of the Commission.675
N. No Member State's rulemaking requirements shall apply under this Compact.676
ARTICLE 11- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT677
A. Oversight678
1. The executive and judicial branches of State government in each Member State shall679
enforce this Compact and take all actions necessary and appropriate to implement the680
Compact.681
2. Venue is proper and judicial proceedings by or against the Commission shall be682
brought solely and exclusively in a court of competent jurisdiction where the principal683
office of the Commission is located. The Commission may waive venue and684
jurisdictional defenses to the extent it adopts or consents to participate in alternative685
dispute resolution proceedings. Nothing herein shall affect or limit the selection or686
propriety of venue in any action against a Licensee for professional malpractice,687
misconduct or any such similar matter.688
- 27 - 25 LC 55 0611S
3. The Commission shall be entitled to receive service of process in any proceeding689
regarding the enforcement or interpretation of the Compact and shall have standing to690
intervene in such a proceeding for all purposes. Failure to provide the Commission691
service of process shall render a judgment or order void as to the Commission, this692
Compact, or promulgated Rules.693
B. Default, Technical Assistance, and Termination694
1. If the Commission determines that a Member State has defaulted in the performance695
of its obligations or responsibilities under this Compact or the promulgated Rules, the696
Commission shall provide written notice to the defaulting State. The notice of default697
shall describe the default, the proposed means of curing the default, and any other action698
that the Commission may take, and shall offer training and specific technical assistance699
regarding the default.700
2. The Commission shall provide a copy of the notice of default to the other Member701
States.702
C. If a State in default fails to cure the default, the defaulting State may be terminated from703
the Compact upon an affirmative vote of a majority of the delegates of the Member States,704
and all rights, privileges and benefits conferred on that State by this Compact may be705
terminated on the effective date of termination. A cure of the default does not relieve the706
offending State of obligations or liabilities incurred during the period of default.707
D. Termination of membership in the Compact shall be imposed only after all other means708
of securing compliance have been exhausted. Notice of intent to suspend or terminate shall709
be given by the Commission to the governor, the majority and minority leaders of the710
defaulting State's legislature, the defaulting State's State Licensing Authority and each of711
the Member States' State Licensing Authority.712
E. A State that has been terminated is responsible for all assessments, obligations, and713
liabilities incurred through the effective date of termination, including obligations that714
extend beyond the effective date of termination.715
- 28 - 25 LC 55 0611S
F. Upon the termination of a State's membership from this Compact, that State shall716
immediately provide notice to all Licensees who hold a Multistate License within that State717
of such termination. The terminated State shall continue to recognize all licenses granted718
pursuant to this Compact for a minimum of one hundred eighty (180) days after the date719
of said notice of termination.720
G. The Commission shall not bear any costs related to a State that is found to be in default721
or that has been terminated from the Compact, unless agreed upon in writing between the722
Commission and the defaulting State.723
H. The defaulting State may appeal the action of the Commission by petitioning the U.S.724
District Court for the District of Columbia or the federal district where the Commission has725
its principal offices. The prevailing party shall be awarded all costs of such litigation,726
including reasonable attorney's fees.727
I. Dispute Resolution728
1. Upon request by a Member State, the Commission shall attempt to resolve disputes729
related to the Compact that arise among Member States and between Member and730
non-Member States.731
2. The Commission shall promulgate a Rule providing for both mediation and binding732
dispute resolution for disputes as appropriate.733
J. Enforcement734
1. The Commission, in the reasonable exercise of its discretion, shall enforce the735
provisions of this Compact and the Commission's Rules.736
2. By majority vote as provided by Commission Rule, the Commission may initiate legal737
action against a Member State in default in the United States District Court for the738
District of Columbia or the federal district where the Commission has its principal offices739
to enforce compliance with the provisions of the Compact and its promulgated Rules. 740
The relief sought may include both injunctive relief and damages. In the event judicial741
enforcement is necessary, the prevailing party shall be awarded all costs of such742
- 29 - 25 LC 55 0611S
litigation, including reasonable attorney's fees. The remedies herein shall not be the743
exclusive remedies of the Commission. The Commission may pursue any other remedies744
available under federal or the defaulting Member State's law.745
3. A Member State may initiate legal action against the Commission in the U.S. District746
Court for the District of Columbia or the federal district where the Commission has its747
principal offices to enforce compliance with the provisions of the Compact and its748
promulgated Rules. The relief sought may include both injunctive relief and damages. 749
In the event judicial enforcement is necessary, the prevailing party shall be awarded all750
costs of such litigation, including reasonable attorney's fees.751
4. No individual or entity other than a Member State may enforce this Compact against752
the Commission.753
ARTICLE 12- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT754
A. The Compact shall come into effect on the date on which the Compact statute is755
enacted into law in the seventh Member State.756
1. On or after the effective date of the Compact, the Commission shall convene and757
review the enactment of each of the Charter Member States to determine if the statute758
enacted by each such Charter Member State is materially different than the model759
Compact statute.760
a. A Charter Member State whose enactment is found to be materially different from761
the model Compact statute shall be entitled to the default process set forth in Article 11.762
b. If any Member State is later found to be in default, or is terminated or withdraws763
from the Compact, the Commission shall remain in existence and the Compact shall764
remain in effect even if the number of Member States should be less than seven (7).765
2. Member States enacting the Compact subsequent to the Charter Member States shall766
be subject to the process set forth in Article 8.C.23 to determine if their enactments are767
- 30 - 25 LC 55 0611S
materially different from the model Compact statute and whether they qualify for768
participation in the Compact.769
3. All actions taken for the benefit of the Commission or in furtherance of the purposes770
of the administration of the Compact prior to the effective date of the Compact or the771
Commission coming into existence shall be considered to be actions of the Commission772
unless specifically repudiated by the Commission.773
4. Any State that joins the Compact shall be subject to the Commission's Rules and774
bylaws as they exist on the date on which the Compact becomes law in that State. Any775
Rule that has been previously adopted by the Commission shall have the full force and776
effect of law on the day the Compact becomes law in that State.777
B. Any Member State may withdraw from this Compact by enacting a statute repealing778
that State's enactment of the Compact.779
1. A Member State's withdrawal shall not take effect until one hundred eighty (180) days780
after enactment of the repealing statute.781
2. Withdrawal shall not affect the continuing requirement of the withdrawing State's782
Licensing Authority to comply with the investigative and Adverse Action reporting783
requirements of this Compact prior to the effective date of withdrawal.784
3. Upon the enactment of a statute withdrawing from this Compact, a State shall785
immediately provide notice of such withdrawal to all Licensees within that State. 786
Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing787
State shall continue to recognize all licenses granted pursuant to this Compact for a788
minimum of 180 days after the date of such notice of withdrawal.789
C. Nothing contained in this Compact shall be construed to invalidate or prevent any790
licensure agreement or other cooperative arrangement between a Member State and a791
non-Member State that does not conflict with the provisions of this Compact.792
- 31 - 25 LC 55 0611S
D. This Compact may be amended by the Member States. No amendment to this Compact793
shall become effective and binding upon any Member State until it is enacted into the laws794
of all Member States.795
ARTICLE 13- CONSTRUCTION AND SEVERABILITY796
A. This Compact and the Commission's rulemaking authority shall be liberally construed797
so as to effectuate the purposes, and the implementation and administration of the798
Compact. Provisions of the Compact expressly authorizing or requiring the promulgation799
of Rules shall not be construed to limit the Commission's rulemaking authority solely for800
those purposes.801
B. The provisions of this Compact shall be severable and if any phrase, clause, sentence802
or provision of this Compact is held by a court of competent jurisdiction to be contrary to803
the constitution of any Member State, a State seeking participation in the Compact, or of804
the United States, or the applicability thereof to any government, agency, person or805
circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity806
of the remainder of this Compact and the applicability thereof to any other government,807
agency, person or circumstance shall not be affected thereby.808
C. Notwithstanding subsection B of this article, the Commission may deny a State's809
participation in the Compact or, in accordance with the requirements of Article 11.B,810
terminate a Member State's participation in the Compact, if it determines that a811
constitutional requirement of a Member State is a material departure from the Compact. 812
Otherwise, if this Compact shall be held to be contrary to the constitution of any Member813
State, the Compact shall remain in full force and effect as to the remaining Member States814
and in full force and effect as to the Member State affected as to all severable matters.815
- 32 - 25 LC 55 0611S
ARTICLE 14- CONSISTENT EFFECT AND816
CONFLICT WITH OTHER STATE LAWS817
Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State818
that is not inconsistent with the Compact.819
Any laws, statutes, regulations, or other legal requirements in a Member State in conflict820
with the Compact are superseded to the extent of the conflict.821
All permissible agreements between the Commission and the Member States are binding822
in accordance with their terms.'"823
SECTION 5.824
All laws and parts of laws in conflict with this Act are repealed.825
- 33 -