KS
Kansas House Bill HB2069

Kansas 2025-2026 Regular Session

Kansas House Bill HB2069 Compare Versions

OldNewDifferences
1+Session of 2025
12 HOUSE BILL No. 2069
2-AN ACT concerning public health licensure compacts; relating to school psychologists;
3-enacting the school psychologist compact to provide interstate practice privileges;
4-relating to dieticians; enacting the dietician compact to provide interstate practice
5-privileges; relating to the practice of cosmetology; enacting the cosmetology
6-licensure compact; relating to physician assistants; enacting the physician assistant
7-licensure compact to provide interstate practice privileges.
3+By Committee on Commerce, Labor and Economic Development
4+Requested by William Wilk on behalf of the Kansas Chamber of Commerce
5+1-23
6+AN ACT concerning health and healthcare; relating to school
7+psychologists; enacting the school psychologist compact to provide
8+interstate practice privileges.
89 Be it enacted by the Legislature of the State of Kansas:
9-Section 1. This section shall be known and may be cited as the
10-school psychologist compact.
10+Section 1. This section shall be known and may be cited as the school
11+psychologist compact.
1112 SECTION 1—PURPOSE
1213 The purpose of this compact is to facilitate the interstate practice of
1314 school psychology in educational or school settings and in so doing to
1415 improve the availability of school psychological services to the public.
1516 This compact is intended to establish a pathway to allow school
16-psychologists to obtain equivalent licenses to provide school
17-psychological services in any member state. In this way, this compact
18-shall enable the member states to ensure that safe and effective school
19-psychological services are available and delivered by appropriately
20-qualified professionals in their educational settings.
17+psychologists to obtain equivalent licenses to provide school psychological
18+services in any member state. In this way, this compact shall enable the
19+member states to ensure that safe and effective school psychological
20+services are available and delivered by appropriately qualified
21+professionals in their educational settings.
2122 To facilitate the objectives described above, this compact:
2223 (a) Enables school psychologists who qualify for receipt of an
2324 equivalent license to practice in other member states without first
2425 satisfying burdensome and duplicative requirements;
2526 (b) promotes the mobility of school psychologists between and
26-among the member states in order to address workforce shortages and
27-to ensure that safe and reliable school psychological services are
28-available in each member state;
29-(c) enhances the public accessibility of school psychological
30-services by increasing the availability of qualified, licensed school
31-psychologists through the establishment of an efficient and streamlined
32-pathway for licensees to practice in other member states;
27+among the member states in order to address workforce shortages and to
28+ensure that safe and reliable school psychological services are available in
29+each member state;
30+(c) enhances the public accessibility of school psychological services
31+by increasing the availability of qualified, licensed school psychologists
32+through the establishment of an efficient and streamlined pathway for
33+licensees to practice in other member states;
3334 (d) preserves and respects the authority of each member state to
3435 protect the health and safety of its residents by ensuring that only
3536 qualified, licensed professionals are authorized to provide school
3637 psychological services within that state;
37-(e) requires school psychologists practicing within a member state
38-to comply with the scope of practice laws present in the state where the
38+(e) requires school psychologists practicing within a member state to
39+comply with the scope of practice laws present in the state where the
40+1
41+2
42+3
43+4
44+5
45+6
46+7
47+8
48+9
49+10
50+11
51+12
52+13
53+14
54+15
55+16
56+17
57+18
58+19
59+20
60+21
61+22
62+23
63+24
64+25
65+26
66+27
67+28
68+29
69+30
70+31
71+32
72+33
73+34
74+35 HB 2069 2
3975 school psychological services are being provided;
40-(f) promotes cooperation between the member states in regulating
41-the practice of school psychology within those states; and
76+(f) promotes cooperation between the member states in regulating the
77+practice of school psychology within those states; and
4278 (g) facilitates the relocation of military members and their spouses
4379 who are licensed to provide school psychological services.
4480 SECTION 2—DEFINITIONS
4581 As used in this compact:
46-(a) "Active military member" means any person with full-time
47-duty status in the armed forces of the United States, including members
48-of the national guard and reserve.
82+(a) "Active military member" means any person with full-time duty
83+status in the armed forces of the United States, including members of the
84+national guard and reserve.
4985 (b) "Adverse action" means disciplinary action or encumbrance
5086 imposed on a license by a state licensing authority.
5187 (c) "Alternative program" means a non-disciplinary, prosecutorial
52-diversion, monitoring or practice remediation process entered into in
53-lieu of an adverse action that is applicable to a school psychologist and
88+diversion, monitoring or practice remediation process entered into in lieu
89+of an adverse action that is applicable to a school psychologist and
5490 approved by the state licensing authority of a member state where the
5591 participating school psychologist is licensed. This includes, but is not
5692 limited to, programs that licensees with substance abuse or addiction
57-issues may be referred in lieu of an adverse action. HOUSE BILL No. 2069—page 2
93+issues may be referred in lieu of an adverse action.
5894 (d) "Commissioner" means the individual appointed by a member
5995 state to serve as the representative to the commission for that member
6096 state.
6197 (e) "Compact" means this school psychologist interstate licensure
6298 compact.
6399 (f) "Continuing professional education" means a requirement,
64100 imposed by a member state as a condition of license renewal to provide
65-evidence of successful participation in professional educational
66-activities relevant to the provision of school psychological services.
101+evidence of successful participation in professional educational activities
102+relevant to the provision of school psychological services.
67103 (g) "Criminal background check" means the submission of
68-fingerprints or other biometric information for a license applicant for
69-the purpose of obtaining that applicant's criminal history record
70-information, as defined in 28 C.F.R. § 20.3(d), and the state's criminal
71-history record repository, as defined in 28 C.F.R. § 20.3(f).
104+fingerprints or other biometric information for a license applicant for the
105+purpose of obtaining that applicant's criminal history record information,
106+as defined in 28 C.F.R. § 20.3(d), and the state's criminal history record
107+repository, as defined in 28 C.F.R. § 20.3(f).
72108 (h) "Doctoral level degree" means a graduate degree program that
73109 consists of at least 90 graduate semester hours in the field of school
74110 psychology, including a supervised internship.
75111 (i) "Encumbered license" means a license that a state licensing
76112 authority has limited in any way other than through an alternative
77113 program, including temporary or provisional licenses.
78-(j) "Executive Committee" means the commission's chair, vice
79-chair, secretary and treasurer and any other commissioners as may be
80-determined by commission rule or bylaw.
114+(j) "Executive Committee" means the commission's chair, vice chair,
115+secretary and treasurer and any other commissioners as may be determined
116+by commission rule or bylaw.
81117 (k) "Equivalent license" means a license to practice school
118+1
119+2
120+3
121+4
122+5
123+6
124+7
125+8
126+9
127+10
128+11
129+12
130+13
131+14
132+15
133+16
134+17
135+18
136+19
137+20
138+21
139+22
140+23
141+24
142+25
143+26
144+27
145+28
146+29
147+30
148+31
149+32
150+33
151+34
152+35
153+36
154+37
155+38
156+39
157+40
158+41
159+42
160+43 HB 2069 3
82161 psychology that a member state has identified as a license that may be
83-provided to school psychologists from other member states pursuant to
84-this compact.
85-(l) "Home state" means the member state that issued the home
86-state license to the licensee and is the licensee's primary state of
87-practice.
88-(m) "Home state license" means the license that is not an
89-encumbered license issued by the home state to provide school
90-psychological services.
162+provided to school psychologists from other member states pursuant to this
163+compact.
164+(l) "Home state" means the member state that issued the home state
165+license to the licensee and is the licensee's primary state of practice.
166+(m) "Home state license" means the license that is not an encumbered
167+license issued by the home state to provide school psychological services.
91168 (n) "License" means a current license, certification or other
92-authorization granted by a member state's licensing authority that
93-permits an individual to provide school psychological services.
169+authorization granted by a member state's licensing authority that permits
170+an individual to provide school psychological services.
94171 (o) "Licensee" means an individual who holds a license from a
95172 member state to provide school psychological services.
96173 (p) "Member state" means a state that has enacted the compact and
97-been admitted to the commission in accordance with the provisions
98-herein and commission rules.
174+been admitted to the commission in accordance with the provisions herein
175+and commission rules.
99176 (q) "Model compact" means the model language for the school
100-psychologist interstate licensure compact on file with the council of
101-state governments or other entity as designated by the commission.
177+psychologist interstate licensure compact on file with the council of state
178+governments or other entity as designated by the commission.
102179 (r) "Practice of school psychology" means the delivery school
103180 psychological services.
104181 (s) "Qualifying national exam" means a national licensing
105-examination endorsed by the national association of school
106-psychologists and any other exam as approved by the rules of the
107-commission.
182+examination endorsed by the national association of school psychologists
183+and any other exam as approved by the rules of the commission.
108184 (t) "Qualifying school psychologist education program" means an
109-education program that awards a specialist-level degree or doctoral-
110-level degree or equivalent upon completion and is approved by the
111-rules of the commission as meeting the necessary minimum educational
112-standards to ensure that its graduates are ready, qualified and able to
113-engage in the practice of school psychology.
114-(u) "Remote state" means a member state other than the home
115-state where a licensee holds a license through the compact.
185+education program that awards a specialist-level degree or doctoral-level
186+degree or equivalent upon completion and is approved by the rules of the
187+commission as meeting the necessary minimum educational standards to
188+ensure that its graduates are ready, qualified and able to engage in the
189+practice of school psychology.
190+(u) "Remote state" means a member state other than the home state
191+where a licensee holds a license through the compact.
116192 (v) "Rule" means a regulation promulgated by an entity, including,
117-but not limited to, the commission and the state licensing authority of
118-each member state that has the force of law.
193+but not limited to, the commission and the state licensing authority of each
194+member state that has the force of law.
119195 (w) "School psychological services" means academic, mental and
120-behavioral health services, including assessment, prevention,
121-consultation and collaboration, intervention and evaluation provided by HOUSE BILL No. 2069—page 3
122-a school psychologist in a school, as outlined in applicable professional
123-standards as determined by commission rule.
196+behavioral health services, including assessment, prevention, consultation
197+and collaboration, intervention and evaluation provided by a school
198+psychologist in a school, as outlined in applicable professional standards
199+as determined by commission rule.
124200 (x) "School psychologist" means an individual who has met the
125201 requirements to obtain a home state license that legally conveys the
126-professional title of school psychologist or its equivalent as determined
127-by the rules of the commission.
128-(y) "School psychologist interstate licensure compact
129-commission" or "commission" means the joint government agency
130-established by this compact whose membership consists of
131-representatives from each member state that has enacted the compact,
132-and as further described in section 7.
133-(z) "Scope of practice" means the procedures, actions and
134-processes a school psychologist licensed in a state is permitted to
135-undertake in that state and the circumstances under which that licensee
136-is permitted to undertake those procedures, actions and processes. Such
137-procedures, actions and processes, and the circumstances under which
138-they may be undertaken, may be established through means including,
139-but not limited to, statute, regulations, case law and other processes
140-available to the state licensing authority or other government agency.
141-(aa) "Specialist-level degree" means a degree program that
142-requires at least 60 graduate semester hours or equivalent in the field of
143-school psychology, including a supervised internship.
144-(bb) "State" means any state, commonwealth, district or territory
145-of the United States of America.
202+professional title of school psychologist or its equivalent as determined by
203+the rules of the commission.
204+1
205+2
206+3
207+4
208+5
209+6
210+7
211+8
212+9
213+10
214+11
215+12
216+13
217+14
218+15
219+16
220+17
221+18
222+19
223+20
224+21
225+22
226+23
227+24
228+25
229+26
230+27
231+28
232+29
233+30
234+31
235+32
236+33
237+34
238+35
239+36
240+37
241+38
242+39
243+40
244+41
245+42
246+43 HB 2069 4
247+(y) "School psychologist interstate licensure compact commission" or
248+"commission" means the joint government agency established by this
249+compact whose membership consists of representatives from each member
250+state that has enacted the compact, and as further described in section 7.
251+(z) "Scope of practice" means the procedures, actions and processes a
252+school psychologist licensed in a state is permitted to undertake in that
253+state and the circumstances under which that licensee is permitted to
254+undertake those procedures, actions and processes. Such procedures,
255+actions and processes, and the circumstances under which they may be
256+undertaken, may be established through means including, but not limited
257+to, statute, regulations, case law and other processes available to the state
258+licensing authority or other government agency.
259+(aa) "Specialist-level degree" means a degree program that requires
260+at least 60 graduate semester hours or equivalent in the field of school
261+psychology, including a supervised internship.
262+(bb) "State" means any state, commonwealth, district or territory of
263+the United States of America.
146264 (cc) "State licensing authority" means a member state's regulatory
147-body responsible for issuing licenses or otherwise overseeing the
148-practice of school psychology.
149-(dd) "State specific requirement" means a requirement for
150-licensure covered in coursework or examination that includes content
151-of unique interest to the state.
265+body responsible for issuing licenses or otherwise overseeing the practice
266+of school psychology.
267+(dd) "State specific requirement" means a requirement for licensure
268+covered in coursework or examination that includes content of unique
269+interest to the state.
152270 (ee) "Unencumbered license" means a license that authorizes a
153271 licensee to engage in the full and unrestricted practice of school
154272 psychology.
155273 SECTION 3—STATE PARTICPATION IN THE COMPACT
156-(a) To be eligible to join this compact and to maintain eligibility as
157-a member state, a state must:
274+(a) To be eligible to join this compact and to maintain eligibility as a
275+member state, a state must:
158276 (1) Enact a compact statute that is not materially different from the
159277 model compact as defined in the commission's rules;
160-(2) participate in the sharing of information with other member
161-states as reasonably necessary to accomplish the objectives of this
162-compact and as further defined in section 8;
278+(2) participate in the sharing of information with other member states
279+as reasonably necessary to accomplish the objectives of this compact and
280+as further defined in section 8;
163281 (3) identify and maintain with the commission a list of equivalent
164282 licenses available to licensees who hold a home state license under this
165283 compact;
166284 (4) have a mechanism in place for receiving and investigating
167285 complaints about licensees;
168286 (5) notify the commission, in compliance with the terms of the
169-compact and the commission's rules, of any adverse action taken
170-against a licensee or of the availability of investigative information that
171-relates to a licensee or applicant for licensure;
287+compact and the commission's rules, of any adverse action taken against a
288+licensee or of the availability of investigative information that relates to a
289+licensee or applicant for licensure;
290+1
291+2
292+3
293+4
294+5
295+6
296+7
297+8
298+9
299+10
300+11
301+12
302+13
303+14
304+15
305+16
306+17
307+18
308+19
309+20
310+21
311+22
312+23
313+24
314+25
315+26
316+27
317+28
318+29
319+30
320+31
321+32
322+33
323+34
324+35
325+36
326+37
327+38
328+39
329+40
330+41
331+42
332+43 HB 2069 5
172333 (6) require that applicants for a home state license have:
173334 (A) Taken and passed a qualifying national exam as defined by the
174335 rules of the commission; and
175-(B) completed a minimum of 1200 hours of supervised internship
176-and at least 600 of such hours must have been completed in a school
177-prior to being approved for licensure; and
336+(B) completed a minimum of 1200 hours of supervised internship and
337+at least 600 of such hours must have been completed in a school prior to
338+being approved for licensure; and
178339 (C) graduated from a qualifying school psychologist education
179340 program; and
180341 (7) comply with the terms of this compact and the rules of the
181342 commission.
182343 (b) Each member state shall grant an equivalent license to practice
183-school psychology in that state upon application by a licensee who HOUSE BILL No. 2069—page 4
184-satisfies the criteria of section 4(a). Each member state shall grant
185-renewal of the equivalent license to a licensee who satisfies the criteria
186-of section 4(b).
187-(c) Member states may set and collect a fee for granting an
188-equivalent license.
344+school psychology in that state upon application by a licensee who
345+satisfies the criteria of section 4(a). Each member state shall grant renewal
346+of the equivalent license to a licensee who satisfies the criteria of section
347+4(b).
348+(c) Member states may set and collect a fee for granting an equivalent
349+license.
189350 SECTION 4—SCHOOL PSYCHOLOGIST PARTICIPATION IN THE
190351 COMPACT
191-(a) To obtain and maintain an equivalent license from a remote
192-state under this compact, a licensee must:
352+(a) To obtain and maintain an equivalent license from a remote state
353+under this compact, a licensee must:
193354 (1) Hold and maintain an active home state license;
194-(2) satisfy any applicable state specific requirements established
195-by the member state after an equivalent license is granted;
196-(3) complete any administrative or application requirements that
197-the commission may establish by rule and pay any associated fees;
355+(2) satisfy any applicable state specific requirements established by
356+the member state after an equivalent license is granted;
357+(3) complete any administrative or application requirements that the
358+commission may establish by rule and pay any associated fees;
198359 (4) complete any requirements for renewal in the home state,
199-including applicable continuing professional education requirements;
200-and
360+including applicable continuing professional education requirements; and
201361 (5) upon their application to receive a license under this compact,
202362 undergo a criminal background check in the member state where the
203-equivalent license is sought in accordance with the laws and regulations
204-of such member state.
205-(b) To renew an equivalent license in a member state other than
206-the home state, a licensee must only apply for renewal, complete a
207-background check and pay renewal fees as determined by the licensing
208-authority.
209-SECTION 5—ACTIVE MILITARY MEMBERS OR THEIR
210-SPOUSES
363+equivalent license is sought in accordance with the laws and regulations of
364+such member state.
365+(b) To renew an equivalent license in a member state other than the
366+home state, a licensee must only apply for renewal, complete a background
367+check and pay renewal fees as determined by the licensing authority.
368+SECTION 5—ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
211369 A licensee who is an active military member or is the spouse of an
212-active military member shall be deemed to hold a home state license in
213-any of the following locations:
370+active military member shall be deemed to hold a home state license in any
371+of the following locations:
214372 (a) The licensee's permanent residence;
215-(b) a member state that is the licensee's primary state of practice;
216-or
373+(b) a member state that is the licensee's primary state of practice; or
217374 (c) a member state where the licensee has relocated pursuant to a
218375 permanent change of station (PCS).
376+1
377+2
378+3
379+4
380+5
381+6
382+7
383+8
384+9
385+10
386+11
387+12
388+13
389+14
390+15
391+16
392+17
393+18
394+19
395+20
396+21
397+22
398+23
399+24
400+25
401+26
402+27
403+28
404+29
405+30
406+31
407+32
408+33
409+34
410+35
411+36
412+37
413+38
414+39
415+40
416+41
417+42
418+43 HB 2069 6
219419 SECTION 6—DISCIPLINE AND ADVERSE ACTIONS
220-(a) Nothing in this compact shall be deemed or construed to limit
221-the authority of a member state to investigate or impose disciplinary
222-measures on licensees according to the state practice laws thereof.
420+(a) Nothing in this compact shall be deemed or construed to limit the
421+authority of a member state to investigate or impose disciplinary measures
422+on licensees according to the state practice laws thereof.
223423 (b) Member states shall be authorized to receive and shall provide,
224-files and information regarding the investigation and discipline, if any,
225-of licensees in other member states upon request. Any member state
226-receiving such information or files shall protect and maintain the
227-security and confidentiality of such information or files, in at least the
228-same manner that it maintains its own investigatory or disciplinary files
229-and information. Prior to disclosing any disciplinary or investigatory
230-information received from another member state, the disclosing state
231-shall communicate its intention and purpose for such disclosure to the
232-member state that originally provided that information.
233-SECTION 7—ESTABLISHMENT OF THE SCHOOL
234-PSYCHOLOGIST INTERSTATE LICENSURE COMPACT
235-COMMISSION
236-(a) The member states hereby create and establish a joint
237-government agency whose membership consists of all member states
238-that have enacted the compact, and this agency shall be known as the
239-school psychologist interstate licensure compact commission. The
240-commission is an instrumentality of the member states acting jointly
241-and not an instrumentality of any one state. The commission shall come HOUSE BILL No. 2069—page 5
242-into existence on or after the effective date of the compact as set forth
243-in section 11.
424+files and information regarding the investigation and discipline, if any, of
425+licensees in other member states upon request. Any member state receiving
426+such information or files shall protect and maintain the security and
427+confidentiality of such information or files, in at least the same manner
428+that it maintains its own investigatory or disciplinary files and information.
429+Prior to disclosing any disciplinary or investigatory information received
430+from another member state, the disclosing state shall communicate its
431+intention and purpose for such disclosure to the member state that
432+originally provided that information.
433+SECTION 7—ESTABLISHMENT OF THE SCHOOL PSYCHOLOGIST
434+INTERSTATE LICESURE COMPACT COMMISSION
435+(a) The member states hereby create and establish a joint government
436+agency whose membership consists of all member states that have enacted
437+the compact, and this agency shall be known as the school psychologist
438+interstate licensure compact commission. The commission is an
439+instrumentality of the member states acting jointly and not an
440+instrumentality of any one state. The commission shall come into existence
441+on or after the effective date of the compact as set forth in section 11.
244442 (b) Membership, voting and meetings.
245443 (1) Each member state shall have and be limited to one delegate
246444 selected by that member state's state licensing authority.
247445 (2) The delegate shall be the primary administrative officer of the
248-member state licensing authority or their designee who is an employee
249-of the member state licensing authority.
250-(3) The commission shall by rule or bylaw establish a term of
251-office for delegates and may by rule or bylaw establish term limits.
252-(4) The commission may recommend removal or suspension of
253-any delegate from office.
254-(5) A member state's licensing authority shall fill any vacancy of
255-its delegate occurring on the commission within 60 days of the
256-vacancy.
257-(6) Each delegate shall be entitled to one vote on all matters
258-before the commission requiring a vote by commission delegates.
446+member state licensing authority or their designee who is an employee of
447+the member state licensing authority.
448+(3) The commission shall by rule or bylaw establish a term of office
449+for delegates and may by rule or bylaw establish term limits.
450+(4) The commission may recommend removal or suspension of any
451+delegate from office.
452+(5) A member state's licensing authority shall fill any vacancy of its
453+delegate occurring on the commission within 60 days of the vacancy.
454+(6) Each delegate shall be entitled to one vote on all matters before
455+the commission requiring a vote by commission delegates.
259456 (7) A delegate shall vote in person or by such other means as
260-provided in the bylaws. The bylaws may provide for delegates to meet
261-by telecommunication, video conference or other means of
262-communication.
457+provided in the bylaws. The bylaws may provide for delegates to meet by
458+telecommunication, video conference or other means of communication.
263459 (8) The commission shall meet at least once during each calendar
264460 year. Additional meetings may be held as set forth in the bylaws. The
265-commission may meet by telecommunication, video conference or
266-other similar electronic means.
461+commission may meet by telecommunication, video conference or other
462+1
463+2
464+3
465+4
466+5
467+6
468+7
469+8
470+9
471+10
472+11
473+12
474+13
475+14
476+15
477+16
478+17
479+18
480+19
481+20
482+21
483+22
484+23
485+24
486+25
487+26
488+27
489+28
490+29
491+30
492+31
493+32
494+33
495+34
496+35
497+36
498+37
499+38
500+39
501+40
502+41
503+42
504+43 HB 2069 7
505+similar electronic means.
267506 (c) The commission shall have the following powers:
268507 (1) Establish the fiscal year of the commission;
269508 (2) establish code of conduct and conflict of interest policies;
270509 (3) establish and amend rules and bylaws;
271-(4) establish the procedure through which a licensee may change
272-their home state;
510+(4) establish the procedure through which a licensee may change their
511+home state;
273512 (5) maintain its financial records in accordance with the bylaws;
274-(6) meet and take such actions as are consistent with the
275-provisions of this compact, the commission's rules and the bylaws;
276-(7) initiate and conclude legal proceedings or actions in the name
277-of the commission, provided that the standing of any member state
278-licensing authority to sue or be sued under applicable law shall not be
279-affected;
513+(6) meet and take such actions as are consistent with the provisions of
514+this compact, the commission's rules and the bylaws;
515+(7) initiate and conclude legal proceedings or actions in the name of
516+the commission, provided that the standing of any member state licensing
517+authority to sue or be sued under applicable law shall not be affected;
280518 (8) maintain and certify records and information provided to a
281-member state as the authenticated business records of the commission
282-and designate an agent to do so on the commission's behalf;
519+member state as the authenticated business records of the commission and
520+designate an agent to do so on the commission's behalf;
283521 (9) purchase and maintain insurance and bonds;
284-(10) borrow, accept or contract for services of personnel,
285-including, but not limited to, employees of a member state;
522+(10) borrow, accept or contract for services of personnel, including,
523+but not limited to, employees of a member state;
286524 (11) conduct an annual financial review;
287525 (12) hire employees, elect or appoint officers, fix compensation,
288-define duties, grant such individuals appropriate authority to carry out
289-the purposes of the compact and establish the commission's personnel
290-policies and programs relating to conflicts of interest, qualifications of
291-personnel and other related personnel matters;
526+define duties, grant such individuals appropriate authority to carry out the
527+purposes of the compact and establish the commission's personnel policies
528+and programs relating to conflicts of interest, qualifications of personnel
529+and other related personnel matters;
292530 (13) assess and collect fees;
293-(14) accept any and all appropriate gifts, donations, grants of
294-money, other sources of revenue, equipment, supplies, materials and
295-services, and receive, utilize and dispose of the same, provided that at
296-all times the commission shall avoid any appearance of impropriety or
297-conflict of interest;
298-(15) lease, purchase, retain, own, hold, improve or use any
299-property, real, personal or mixed or any undivided interest in such
300-property;
531+(14) accept any and all appropriate gifts, donations, grants of money,
532+other sources of revenue, equipment, supplies, materials and services, and
533+receive, utilize and dispose of the same, provided that at all times the
534+commission shall avoid any appearance of impropriety or conflict of
535+interest;
536+(15) lease, purchase, retain, own, hold, improve or use any property,
537+real, personal or mixed or any undivided interest in such property;
301538 (16) sell, convey, mortgage, pledge, lease, exchange, abandon or
302539 otherwise dispose of any property real, personal or mixed;
303540 (17) establish a budget and make expenditures;
304541 (18) borrow money;
305-(19) appoint committees, including standing committees, HOUSE BILL No. 2069—page 6
306-composed of members, state regulators, state legislators or their
307-representatives, and consumer representatives, and such other interested
308-persons as may be designated in this compact and the bylaws;
309-(20) provide and receive information from, and cooperate with,
310-law enforcement agencies;
311-(21) establish and elect an executive committee, including a chair
312-and a vice chair;
542+(19) appoint committees, including standing committees, composed
543+of members, state regulators, state legislators or their representatives, and
544+consumer representatives, and such other interested persons as may be
545+designated in this compact and the bylaws;
546+(20) provide and receive information from, and cooperate with, law
547+enforcement agencies;
548+1
549+2
550+3
551+4
552+5
553+6
554+7
555+8
556+9
557+10
558+11
559+12
560+13
561+14
562+15
563+16
564+17
565+18
566+19
567+20
568+21
569+22
570+23
571+24
572+25
573+26
574+27
575+28
576+29
577+30
578+31
579+32
580+33
581+34
582+35
583+36
584+37
585+38
586+39
587+40
588+41
589+42
590+43 HB 2069 8
591+(21) establish and elect an executive committee, including a chair and
592+a vice chair;
313593 (22) determine whether a state's adopted language is materially
314-different from the model compact language such that the state would
315-not qualify for participation in the compact; and
316-(23) perform such other functions as may be necessary or
317-appropriate to achieve the purposes of this compact.
594+different from the model compact language such that the state would not
595+qualify for participation in the compact; and
596+(23) perform such other functions as may be necessary or appropriate
597+to achieve the purposes of this compact.
318598 (d) The executive committee.
319-(1) The executive committee shall have the power to act on behalf
320-of the commission according to the terms of this compact. The powers,
321-duties and responsibilities of the executive committee shall include:
599+(1) The executive committee shall have the power to act on behalf of
600+the commission according to the terms of this compact. The powers, duties
601+and responsibilities of the executive committee shall include:
322602 (A) Oversee the day-to-day activities of the administration of the
323-compact, including enforcement and compliance with the provisions of
324-the compact, its rules and bylaws and other such duties as deemed
325-necessary;
603+compact, including enforcement and compliance with the provisions of the
604+compact, its rules and bylaws and other such duties as deemed necessary;
326605 (B) recommend to the commission changes to the rules or bylaws,
327606 changes to this compact legislation, fees charged to member states, fees
328607 charged to licensees and other fees;
329608 (C) ensure compact administration services are appropriately
330609 provided, including by contract;
331610 (D) prepare and recommend the budget;
332611 (E) maintain financial records on behalf of the commission;
333612 (F) monitor compact compliance of member states and provide
334613 compliance reports to the commission;
335614 (G) establish additional committees as necessary;
336615 (H) exercise the powers and duties of the commission during the
337-interim between commission meetings, except for adopting or
338-amending rules, adopting or amending bylaws and exercising any other
339-powers and duties expressly reserved to the commission by rule or
340-bylaw; and
341-(I) other duties as provided in the rules or bylaws of the
342-commission.
616+interim between commission meetings, except for adopting or amending
617+rules, adopting or amending bylaws and exercising any other powers and
618+duties expressly reserved to the commission by rule or bylaw; and
619+(I) other duties as provided in the rules or bylaws of the commission.
343620 (2) The executive committee shall be composed of up to seven
344621 members:
345622 (A) The chair and vice chair of the commission shall be voting
346623 members of the executive committee; and
347-(B) The commission shall elect five voting members from the
348-current membership of the commission.
624+(B) The commission shall elect five voting members from the current
625+membership of the commission.
349626 (2) The commission may remove any member of the executive
350627 committee as provided in the commission's bylaws.
351628 (3) The executive committee shall meet at least annually.
352-(A) Executive committee meetings shall be open to the public,
353-except that the executive committee may meet in a closed, nonpublic
354-meeting as provided in subsection (f)(2).
629+(A) Executive committee meetings shall be open to the public, except
630+that the executive committee may meet in a closed, nonpublic meeting as
631+provided in subsection (f)(2).
355632 (B) The executive committee shall give 30 days' notice of its
356633 meetings, posted on its website and as determined to provide notice to
634+1
635+2
636+3
637+4
638+5
639+6
640+7
641+8
642+9
643+10
644+11
645+12
646+13
647+14
648+15
649+16
650+17
651+18
652+19
653+20
654+21
655+22
656+23
657+24
658+25
659+26
660+27
661+28
662+29
663+30
664+31
665+32
666+33
667+34
668+35
669+36
670+37
671+38
672+39
673+40
674+41
675+42
676+43 HB 2069 9
357677 persons with an interest in the business of the commission.
358678 (C) The executive committee may hold a special meeting in
359-accordance with subsection (f)(1)(B).
360-(e) The commission shall adopt and provide to the member states
361-an annual report.
679+accordance with subsection
680+(f)(1)(B).
681+(e) The commission shall adopt and provide to the member states an
682+annual report.
362683 (f) Meetings of the commission.
363684 (1) All meetings shall be open to the public, except that the
364685 commission may meet in a closed, nonpublic meeting as provided in
365686 subsection (f)(2).
366-(A) Public notice for all meetings of the full commission of
367-meetings shall be given in the same manner as required under the
368-rulemaking provisions in section 9, except that the commission may
369-hold a special meeting as provided in subsection (f)(1)(B). HOUSE BILL No. 2069—page 7
370-(B) The commission may hold a special meeting when it must
371-meet to conduct emergency business by giving 48 hours' notice to all
372-commissioners, on the commission's website, and other means as
373-provided in the commission's rules. The commission's legal counsel
374-shall certify that the commission's need to meet qualifies as an
375-emergency.
376-(2) The commission or the executive committee or other
377-committees of the commission may convene in a closed, nonpublic
378-meeting for the commission or executive committee or other
379-committees of the commission to receive legal advice or to discuss:
380-(A) Noncompliance of a member state with its obligations under
381-the compact;
687+(A) Public notice for all meetings of the full commission of meetings
688+shall be given in the same manner as required under the rulemaking
689+provisions in section 9, except that the commission may hold a special
690+meeting as provided in subsection (f)(1)(B).
691+(B) The commission may hold a special meeting when it must meet to
692+conduct emergency business by giving 48 hours' notice to all
693+commissioners, on the commission's website, and other means as provided
694+in the commission's rules. The commission's legal counsel shall certify that
695+the commission's need to meet qualifies as an emergency.
696+(2) The commission or the executive committee or other committees
697+of the commission may convene in a closed, nonpublic meeting for the
698+commission or executive committee or other committees of the
699+commission to receive legal advice or to discuss:
700+(A) Noncompliance of a member state with its obligations under the
701+compact;
382702 (B) the employment, compensation, discipline or other matters,
383703 practices or procedures related to specific employees;
384-(C) current or threatened discipline of a licensee by the
385-commission or by a member state's licensing authority;
704+(C) current or threatened discipline of a licensee by the commission
705+or by a member state's licensing authority;
386706 (D) current, threatened or reasonably anticipated litigation;
387-(E) negotiation of contracts for the purchase, lease or sale of
388-goods, services or real estate;
389-(F) accusing any person of a crime or formally censuring any
390-person;
707+(E) negotiation of contracts for the purchase, lease or sale of goods,
708+services or real estate;
709+(F) accusing any person of a crime or formally censuring any person;
391710 (G) trade secrets or commercial or financial information that is
392711 privileged or confidential;
393712 (H) information of a personal nature when disclosure would
394713 constitute a clearly unwarranted invasion of personal privacy;
395714 (I) investigative records compiled for law enforcement purposes;
396-(J) information related to any investigative reports prepared by or
397-on behalf of or for use of the commission or other committee charged
398-with responsibility of investigation or determination of compliance
399-issues pursuant to the compact;
715+(J) information related to any investigative reports prepared by or on
716+behalf of or for use of the commission or other committee charged with
717+responsibility of investigation or determination of compliance issues
718+pursuant to the compact;
400719 (K) matters specifically exempted from disclosure by federal or
720+1
721+2
722+3
723+4
724+5
725+6
726+7
727+8
728+9
729+10
730+11
731+12
732+13
733+14
734+15
735+16
736+17
737+18
738+19
739+20
740+21
741+22
742+23
743+24
744+25
745+26
746+27
747+28
748+29
749+30
750+31
751+32
752+33
753+34
754+35
755+36
756+37
757+38
758+39
759+40
760+41
761+42
762+43 HB 2069 10
401763 member state law; or
402764 (L) other matters as promulgated by the commission by rule.
403765 (3) If a meeting, or portion of a meeting, is closed, the presiding
404766 officer shall state that the meeting will be closed and reference each
405-relevant exempting provision, and such reference shall be recorded in
406-the minutes.
407-(4) The commission shall keep minutes that fully and clearly
408-describe all matters discussed in a meeting and shall provide a full and
409-accurate summary of actions taken and the reasons for such actions,
410-including a description of the views expressed. All documents
411-considered in connection with an action shall be identified in such
412-minutes. All minutes and documents of a closed meeting shall remain
413-under seal, subject to release only by a majority vote of the commission
414-or order of a court of competent jurisdiction.
767+relevant exempting provision, and such reference shall be recorded in the
768+minutes.
769+(4) The commission shall keep minutes that fully and clearly describe
770+all matters discussed in a meeting and shall provide a full and accurate
771+summary of actions taken and the reasons for such actions, including a
772+description of the views expressed. All documents considered in
773+connection with an action shall be identified in such minutes. All minutes
774+and documents of a closed meeting shall remain under seal, subject to
775+release only by a majority vote of the commission or order of a court of
776+competent jurisdiction.
415777 (g) Financing of the commission.
416778 (1) The commission shall pay, or provide for the payment of, the
417779 reasonable expenses of its establishment, organization and ongoing
418780 activities.
419781 (2) The commission may accept any and all appropriate revenue
420782 sources as provided in subsection (c)(12).
421783 (3) The commission may levy on and collect an annual assessment
422784 from each member state and impose fees on licensees practicing in the
423785 member states under an equivalent license to cover the cost of the
424-operations and activities of the commission and its staff, that must be in
425-a total amount sufficient to cover its annual budget as approved each
426-year when revenue is not provided by other sources. The aggregate
427-annual assessment amount for member states shall be allocated based
428-upon a formula that the commission shall promulgate by rule.
786+operations and activities of the commission and its staff, that must be in a
787+total amount sufficient to cover its annual budget as approved each year
788+when revenue is not provided by other sources. The aggregate annual
789+assessment amount for member states shall be allocated based upon a
790+formula that the commission shall promulgate by rule.
429791 (4) The commission shall not incur obligations of any kind prior to
430792 securing the funds adequate to meet the same, nor shall the commission
431793 pledge the credit of any of the member states, except by and with the
432794 authority of the member state.
433-(5) The commission shall keep accurate accounts of all receipts HOUSE BILL No. 2069—page 8
434-and disbursements. The receipts and disbursements of the commission
435-shall be subject to the financial review and accounting procedures
436-established under its bylaws. However, all receipts and disbursements
437-of funds handled by the commission shall be subject to an annual
438-financial review by a certified or licensed public accountant, and the
439-report of the financial review shall be included in and become part of
440-the annual report of the commission.
795+(5) The commission shall keep accurate accounts of all receipts and
796+disbursements. The receipts and disbursements of the commission shall be
797+subject to the financial review and accounting procedures established
798+under its bylaws. However, all receipts and disbursements of funds
799+handled by the commission shall be subject to an annual financial review
800+by a certified or licensed public accountant, and the report of the financial
801+review shall be included in and become part of the annual report of the
802+commission.
441803 (h) Qualified immunity, defense and indemnification.
442804 (1) The members, officers, executive director, employees and
443-representatives of the commission shall be immune from suit and
444-liability, both personally and in their official capacity, for any claim for
445-damage to or loss of property or personal injury or other civil liability
446-caused by or arising out of any actual or alleged act, error or omission
447-that occurred, or that the person against whom the claim is made had a
448-reasonable basis for believing occurred within the scope of commission
449-employment, duties or responsibilities. Nothing in this paragraph shall
450-be construed to protect any such person from suit or liability for any
451-damage, loss, injury or liability caused by the intentional or willful or
452-wanton misconduct of that person. The procurement of insurance of
453-any type by the commission shall not in any way compromise or limit
454-the immunity granted in this paragraph.
805+representatives of the commission shall be immune from suit and liability,
806+1
807+2
808+3
809+4
810+5
811+6
812+7
813+8
814+9
815+10
816+11
817+12
818+13
819+14
820+15
821+16
822+17
823+18
824+19
825+20
826+21
827+22
828+23
829+24
830+25
831+26
832+27
833+28
834+29
835+30
836+31
837+32
838+33
839+34
840+35
841+36
842+37
843+38
844+39
845+40
846+41
847+42
848+43 HB 2069 11
849+both personally and in their official capacity, for any claim for damage to
850+or loss of property or personal injury or other civil liability caused by or
851+arising out of any actual or alleged act, error or omission that occurred, or
852+that the person against whom the claim is made had a reasonable basis for
853+believing occurred within the scope of commission employment, duties or
854+responsibilities. Nothing in this paragraph shall be construed to protect any
855+such person from suit or liability for any damage, loss, injury or liability
856+caused by the intentional or willful or wanton misconduct of that person.
857+The procurement of insurance of any type by the commission shall not in
858+any way compromise or limit the immunity granted in this paragraph.
455859 (2) The commission shall defend any member, officer, executive
456-director, employee and representative of the commission in any civil
457-action seeking to impose liability arising out of any actual or alleged
458-act, error or omission that occurred within the scope of commission
459-employment, duties, or responsibilities, or as determined by the
460-commission that the person against whom the claim is made had a
461-reasonable basis for believing occurred within the scope of commission
462-employment, duties, or responsibilities. Nothing in this paragraph shall
463-be construed to prohibit that person from retaining their own counsel at
464-their own expense and, provided further, that the actual or alleged act,
465-error or omission did not result from that person's intentional or willful
466-or wanton misconduct.
467-(3) The commission shall indemnify and hold harmless any
468-member, officer, executive director, employee and representative of the
469-commission for the amount of any settlement or judgment obtained
470-against that person arising out of any actual or alleged act, error or
860+director, employee and representative of the commission in any civil action
861+seeking to impose liability arising out of any actual or alleged act, error or
471862 omission that occurred within the scope of commission employment,
472-duties or responsibilities or that such person had a reasonable basis for
473-believing occurred within the scope of commission employment, duties
474-or responsibilities, provided that the actual or alleged act, error or
475-omission did not result from the intentional or willful or wanton
476-misconduct of that person.
477-(4) Nothing in this compact shall be construed as a limitation on
478-the liability of any licensee for professional malpractice or misconduct,
479-that shall be governed solely by any other applicable state laws.
480-(5) Nothing in this compact shall be interpreted to waive or
481-otherwise abrogate a member state's state action immunity or state
482-action affirmative defense with respect to antitrust claims under the
483-Sherman antitrust act of 1890, Clayton act 15 U.S.C. §§ 12-27 or any
484-other state or federal antitrust or anticompetitive law or regulation.
863+duties, or responsibilities, or as determined by the commission that the
864+person against whom the claim is made had a reasonable basis for
865+believing occurred within the scope of commission employment, duties, or
866+responsibilities. Nothing in this paragraph shall be construed to prohibit
867+that person from retaining their own counsel at their own expense and,
868+provided further, that the actual or alleged act, error or omission did not
869+result from that person's intentional or willful or wanton misconduct.
870+(3) The commission shall indemnify and hold harmless any member,
871+officer, executive director, employee and representative of the commission
872+for the amount of any settlement or judgment obtained against that person
873+arising out of any actual or alleged act, error or omission that occurred
874+within the scope of commission employment, duties or responsibilities or
875+that such person had a reasonable basis for believing occurred within the
876+scope of commission employment, duties or responsibilities, provided that
877+the actual or alleged act, error or omission did not result from the
878+intentional or willful or wanton misconduct of that person.
879+(4) Nothing in this compact shall be construed as a limitation on the
880+liability of any licensee for professional malpractice or misconduct, that
881+shall be governed solely by any other applicable state laws.
882+(5) Nothing in this compact shall be interpreted to waive or otherwise
883+abrogate a member state's state action immunity or state action affirmative
884+defense with respect to antitrust claims under the Sherman antitrust act of
885+1890, Clayton act 15 U.S.C. §§ 12-27 or any other state or federal antitrust
886+or anticompetitive law or regulation.
485887 (6) Nothing in this compact shall be construed to be a waiver of
486888 sovereign immunity by the member states or by the commission.
487889 SECTION 8—FACILITATING INFORMATION EXCHANGE
488890 (a) The commission shall provide for facilitating the exchange of
489-information to administer and implement the provisions of this compact
490-in accordance with the rules of the commission, consistent with
491-generally accepted data protection principles.
492-(b) Notwithstanding any other provision of state law to the
493-contrary, a member state shall agree to provide for the facilitation of the
494-following licensee information as required by the rules of the
495-commission, including: HOUSE BILL No. 2069—page 9
891+information to administer and implement the provisions of this compact in
892+1
893+2
894+3
895+4
896+5
897+6
898+7
899+8
900+9
901+10
902+11
903+12
904+13
905+14
906+15
907+16
908+17
909+18
910+19
911+20
912+21
913+22
914+23
915+24
916+25
917+26
918+27
919+28
920+29
921+30
922+31
923+32
924+33
925+34
926+35
927+36
928+37
929+38
930+39
931+40
932+41
933+42
934+43 HB 2069 12
935+accordance with the rules of the commission, consistent with generally
936+accepted data protection principles.
937+(b) Notwithstanding any other provision of state law to the contrary, a
938+member state shall agree to provide for the facilitation of the following
939+licensee information as required by the rules of the commission, including:
496940 (1) Identifying information;
497941 (2) licensure data;
498-(3) adverse actions against a license and information related
499-thereto;
942+(3) adverse actions against a license and information related thereto;
500943 (4) nonconfidential information related to alternative program
501944 participation, the beginning and ending dates of such participation, and
502-other information related to such participation not made confidential
503-under member state law;
504-(5) any denial of application for licensure, and the reasons for
505-such denial;
945+other information related to such participation not made confidential under
946+member state law;
947+(5) any denial of application for licensure, and the reasons for such
948+denial;
506949 (6) the presence of investigative information; and
507950 (7) other information that may facilitate the administration of this
508-compact or the protection of the public, as determined by the rules of
509-the commission.
951+compact or the protection of the public, as determined by the rules of the
952+commission.
510953 (c) Nothing in this compact shall be deemed or construed to alter,
511954 limit or inhibit the power of a member state to control and maintain
512-ownership of its licensee information or alter, limit or inhibit the laws
513-or regulations governing licensee information in the member state.
955+ownership of its licensee information or alter, limit or inhibit the laws or
956+regulations governing licensee information in the member state.
514957 SECTION 9—RULEMAKING
515-(a) The commission shall exercise its rulemaking powers pursuant
516-to the criteria set forth in this interstate compact and the rules adopted
958+(a) The commission shall exercise its rulemaking powers pursuant to
959+the criteria set forth in this interstate compact and the rules adopted
517960 thereunder. Rules and amendments shall become binding as of the date
518961 specified in each rule or amendment.
519-(b) The commission shall promulgate reasonable rules to achieve
520-the intent and purpose of this interstate compact. In the event the
521-commission exercises its rulemaking authority in a manner that is
522-beyond purpose and intent of this interstate compact, or the powers
523-granted hereunder, then such an action by the commission shall be
524-invalid and have no force and effect of law in the member states.
525-(c) If a majority of the legislatures of the member states rejects a
526-rule, by enactment of a statute or resolution in the same manner used to
527-adopt the compact within four years of the date of adoption of the rule,
528-then such rule shall have no further force and effect in any member
529-state.
530-(d) Rules or amendments to the rules shall be adopted or ratified at
531-a regular or special meeting of the commission in accordance with
962+(b) The commission shall promulgate reasonable rules to achieve the
963+intent and purpose of this interstate compact. In the event the commission
964+exercises its rulemaking authority in a manner that is beyond purpose and
965+intent of this interstate compact, or the powers granted hereunder, then
966+such an action by the commission shall be invalid and have no force and
967+effect of law in the member states.
968+(c) If a majority of the legislatures of the member states rejects a rule,
969+by enactment of a statute or resolution in the same manner used to adopt
970+the compact within four years of the date of adoption of the rule, then such
971+rule shall have no further force and effect in any member state.
972+(d) Rules or amendments to the rules shall be adopted or ratified at a
973+regular or special meeting of the commission in accordance with
532974 commission rules and bylaws.
533-(e) Prior to promulgation and adoption of a final rule or rules by
534-the commission, and at least 30 days in advance of the meeting when
535-the rule will be considered and voted upon, the commission shall file a
536-notice of proposed rulemaking:
975+(e) Prior to promulgation and adoption of a final rule or rules by the
976+commission, and at least 30 days in advance of the meeting when the rule
977+will be considered and voted upon, the commission shall file a notice of
978+1
979+2
980+3
981+4
982+5
983+6
984+7
985+8
986+9
987+10
988+11
989+12
990+13
991+14
992+15
993+16
994+17
995+18
996+19
997+20
998+21
999+22
1000+23
1001+24
1002+25
1003+26
1004+27
1005+28
1006+29
1007+30
1008+31
1009+32
1010+33
1011+34
1012+35
1013+36
1014+37
1015+38
1016+39
1017+40
1018+41
1019+42
1020+43 HB 2069 13
1021+proposed rulemaking:
5371022 (1) On the website of the commission or other publicly accessible
5381023 platform; and
539-(2) on the website of each member state licensing authority or
540-other publicly accessible platform or the publication where each state
541-would otherwise publish proposed rules.
1024+(2) on the website of each member state licensing authority or other
1025+publicly accessible platform or the publication where each state would
1026+otherwise publish proposed rules.
5421027 (f) Upon determination that an emergency exists, the commission
5431028 may consider and adopt an emergency rule with 48 hours' notice, with
5441029 opportunity to comment, provided that the usual rulemaking procedures
545-shall be retroactively applied to the rule as soon as reasonably possible,
546-in no event later than 90 days after the effective date of the rule. For the
547-purposes of this provision, an emergency rule is one that must be
548-adopted immediately in order to:
1030+shall be retroactively applied to the rule as soon as reasonably possible, in
1031+no event later than 90 days after the effective date of the rule. For the
1032+purposes of this provision, an emergency rule is one that must be adopted
1033+immediately in order to:
5491034 (1) Meet an imminent threat to public health, safety or welfare.
5501035 (A) Prevent a loss of commission or member state funds;
5511036 (B) meet a deadline for the promulgation of an administrative rule
5521037 that is established by federal law or rule; or
5531038 (C) protect public health and safety.
5541039 SECTION 10—OVERSIGHT, DISPUTE RESOLUTION AND
555-ENFORCEMENT
556-(a) Oversight. HOUSE BILL No. 2069—page 10
1040+ENFORCMENT
1041+(a) Oversight.
5571042 (1) The executive and judicial branches of the state government in
5581043 each member state shall enforce this compact and take all actions
5591044 necessary and appropriate to implement the compact.
5601045 (2) Venue is proper and judicial proceedings by or against the
5611046 commission shall be brought solely and exclusively in a court of
5621047 competent jurisdiction where the principal office of the commission is
563-located. The commission may waive venue and jurisdictional defenses
564-to the extent it adopts or consents to participate in alternative dispute
565-resolution proceedings. Nothing herein shall affect or limit the selection
566-or propriety of venue in any action against a licensee for professional
1048+located. The commission may waive venue and jurisdictional defenses to
1049+the extent it adopts or consents to participate in alternative dispute
1050+resolution proceedings. Nothing herein shall affect or limit the selection or
1051+propriety of venue in any action against a licensee for professional
5671052 malpractice, misconduct or any such similar matter.
568-(3) The commission shall be entitled to receive service of process
569-in any proceeding regarding the enforcement or interpretation of the
570-compact and shall have standing to intervene in such a proceeding for
571-all purposes. Failure to provide the commission service of process shall
572-render a judgment or order void as to the commission, this compact or
573-promulgated rules.
1053+(3) The commission shall be entitled to receive service of process in
1054+any proceeding regarding the enforcement or interpretation of the compact
1055+and shall have standing to intervene in such a proceeding for all purposes.
1056+Failure to provide the commission service of process shall render a
1057+judgment or order void as to the commission, this compact or promulgated
1058+rules.
5741059 (b) Default, technical assistance and termination.
575-(1) If the commission determines that a member state has
576-defaulted in the performance of its obligations or responsibilities under
577-this compact or the promulgated rules, the commission shall provide
578-written notice to the defaulting state. The notice of default shall
579-describe the default, the proposed means of curing the default, and any
580-other action that the commission may take, and shall offer training and
581-specific technical assistance regarding the default.
582-(2) The commission shall provide a copy of the notice of default
583-to the other member states.
1060+(1) If the commission determines that a member state has defaulted in
1061+the performance of its obligations or responsibilities under this compact or
1062+the promulgated rules, the commission shall provide written notice to the
1063+defaulting state. The notice of default shall describe the default, the
1064+1
1065+2
1066+3
1067+4
1068+5
1069+6
1070+7
1071+8
1072+9
1073+10
1074+11
1075+12
1076+13
1077+14
1078+15
1079+16
1080+17
1081+18
1082+19
1083+20
1084+21
1085+22
1086+23
1087+24
1088+25
1089+26
1090+27
1091+28
1092+29
1093+30
1094+31
1095+32
1096+33
1097+34
1098+35
1099+36
1100+37
1101+38
1102+39
1103+40
1104+41
1105+42
1106+43 HB 2069 14
1107+proposed means of curing the default, and any other action that the
1108+commission may take, and shall offer training and specific technical
1109+assistance regarding the default.
1110+(2) The commission shall provide a copy of the notice of default to
1111+the other member states.
5841112 (c) If a state in default fails to cure the default, the defaulting state
5851113 may be terminated from the compact upon an affirmative vote of a
5861114 supermajority of the delegates of the member states, and all rights,
5871115 privileges and benefits conferred on that state by this compact may be
588-terminated on the effective date of termination. A cure of the default
589-does not relieve the offending state of obligations or liabilities incurred
590-during the period of default.
591-(d) Termination of membership in the compact shall be imposed
592-only after all other means of securing compliance have been exhausted.
593-Notice of intent to suspend or terminate shall be given by the
594-commission to the governor, the majority and minority leaders of the
595-defaulting state's legislature, the defaulting state's licensing authority
596-and each of the member states' licensing authorities.
597-(e) A state that has been terminated is responsible for all
598-assessments, obligations and liabilities incurred through the effective
599-date of termination, including obligations that extend beyond the
600-effective date of termination.
601-(f) Upon the termination of a state's membership from this
602-compact, that state shall immediately provide notice to all licensees
603-within that state of such termination. The terminated state shall
604-continue to recognize all licenses granted pursuant to this compact for a
605-minimum of six months after the date of said notice of termination.
606-(g) The commission shall not bear any costs related to a state that
607-is found to be in default or that has been terminated from the compact,
608-unless agreed upon in writing between the commission and the
609-defaulting state.
610-(h) The defaulting state may appeal the action of the commission
611-by petitioning the United States district court for the District of
612-Columbia or the federal district where the commission has its principal
613-offices. The prevailing party shall be awarded all costs of such
614-litigation, including reasonable attorney fees.
615-(i) Dispute resolution.
616-(1) Upon request by a member state, the commission shall attempt
617-to resolve disputes related to the compact that arise among member
618-states and between member and nonmember states.
619-(2) The commission shall promulgate a rule providing for both
620-mediation and binding dispute resolution for disputes as appropriate. HOUSE BILL No. 2069—page 11
621-(j) Enforcement.
622-(1) By majority vote as provided by rule, the commission may
623-initiate legal action against a member state in default in the United
624-States district court for the District of Columbia or the federal district
625-where the commission has its principal offices to enforce compliance
626-with the provisions of the compact and its promulgated rules. The relief
627-sought may include both injunctive relief and damages. In the event
628-judicial enforcement is necessary, the prevailing party shall be awarded
629-all costs of such litigation, including reasonable attorney fees. The
630-remedies herein shall not be the exclusive remedies of the commission.
631-The commission may pursue any other remedies available under federal
632-or the defaulting member state's law.
633-(2) A member state may initiate legal action against the
634-commission in the United States district court for the District of
635-Columbia or the federal district where the commission has its principal
636-offices to enforce compliance with the provisions of the compact and
637-its promulgated rules. The relief sought may include both injunctive
638-relief and damages. In the event judicial enforcement is necessary, the
1116+terminated on the effective date of termination. A cure of the default does
1117+not relieve the offending state of obligations or liabilities incurred during
1118+the period of default.
1119+(d) Termination of membership in the compact shall be imposed only
1120+after all other means of securing compliance have been exhausted. Notice
1121+of intent to suspend or terminate shall be given by the commission to the
1122+governor, the majority and minority leaders of the defaulting state's
1123+legislature, the defaulting state's licensing authority and each of the
1124+member states' licensing authorities.
1125+(e) A state that has been terminated is responsible for all assessments,
1126+obligations and liabilities incurred through the effective date of
1127+termination, including obligations that extend beyond the effective date of
1128+termination.
1129+(f) Upon the termination of a state's membership from this compact,
1130+that state shall immediately provide notice to all licensees within that state
1131+of such termination. The terminated state shall continue to recognize all
1132+licenses granted pursuant to this compact for a minimum of six months
1133+after the date of said notice of termination.
1134+(g) The commission shall not bear any costs related to a state that is
1135+found to be in default or that has been terminated from the compact, unless
1136+agreed upon in writing between the commission and the defaulting state.
1137+(h) The defaulting state may appeal the action of the commission by
1138+petitioning the United States district court for the District of Columbia or
1139+the federal district where the commission has its principal offices. The
6391140 prevailing party shall be awarded all costs of such litigation, including
6401141 reasonable attorney fees.
641-(3) No person other than a member state shall enforce this
642-compact against the commission.
1142+(i) Dispute resolution.
1143+(1) Upon request by a member state, the commission shall attempt to
1144+resolve disputes related to the compact that arise among member states and
1145+between member and nonmember states.
1146+(2) The commission shall promulgate a rule providing for both
1147+mediation and binding dispute resolution for disputes as appropriate.
1148+(j) Enforcement.
1149+(1) By majority vote as provided by rule, the commission may initiate
1150+1
1151+2
1152+3
1153+4
1154+5
1155+6
1156+7
1157+8
1158+9
1159+10
1160+11
1161+12
1162+13
1163+14
1164+15
1165+16
1166+17
1167+18
1168+19
1169+20
1170+21
1171+22
1172+23
1173+24
1174+25
1175+26
1176+27
1177+28
1178+29
1179+30
1180+31
1181+32
1182+33
1183+34
1184+35
1185+36
1186+37
1187+38
1188+39
1189+40
1190+41
1191+42
1192+43 HB 2069 15
1193+legal action against a member state in default in the United States district
1194+court for the District of Columbia or the federal district where the
1195+commission has its principal offices to enforce compliance with the
1196+provisions of the compact and its promulgated rules. The relief sought may
1197+include both injunctive relief and damages. In the event judicial
1198+enforcement is necessary, the prevailing party shall be awarded all costs of
1199+such litigation, including reasonable attorney fees. The remedies herein
1200+shall not be the exclusive remedies of the commission. The commission
1201+may pursue any other remedies available under federal or the defaulting
1202+member state's law.
1203+(2) A member state may initiate legal action against the commission
1204+in the United States district court for the District of Columbia or the
1205+federal district where the commission has its principal offices to enforce
1206+compliance with the provisions of the compact and its promulgated rules.
1207+The relief sought may include both injunctive relief and damages. In the
1208+event judicial enforcement is necessary, the prevailing party shall be
1209+awarded all costs of such litigation, including reasonable attorney fees.
1210+(3) No person other than a member state shall enforce this compact
1211+against the commission.
6431212 SECTION 11—EFFECTIVE DATE, WITHDRAWAL AND
6441213 AMENDMENT
645-(a) The compact shall come into effect on the date that the
646-compact statute is enacted into law in the seventh member state.
647-(1) On or after the effective date of the compact indicated above,
648-the commission shall convene and review the enactment of each of the
649-charter member states to determine if the statute enacted by each such
650-charter member state is materially different than the model compact
651-statute.
1214+(a) The compact shall come into effect on the date that the compact
1215+statute is enacted into law in the seventh member state.
1216+(1) On or after the effective date of the compact indicated above, the
1217+commission shall convene and review the enactment of each of the charter
1218+member states to determine if the statute enacted by each such charter
1219+member state is materially different than the model compact statute.
6521220 (A) A charter member state whose enactment is found to be
653-materially different from the model compact statute shall be entitled to
654-the default process set forth in section 10.
1221+materially different from the model compact statute shall be entitled to the
1222+default process set forth in section 10.
6551223 (B) If any member state is later found to be in default, or is
656-terminated or withdraws from the compact, the commission shall
657-remain in existence and the compact shall remain in effect even if the
658-number of member states should be less than seven.
1224+terminated or withdraws from the compact, the commission shall remain in
1225+existence and the compact shall remain in effect even if the number of
1226+member states should be less than seven.
6591227 (2) Member states enacting the compact subsequent to the charter
660-member states shall be subject to the process set forth in section 7(c)
661-(21) to determine if their enactments are materially different from the
662-model compact statute and whether they qualify for participation in the
663-compact.
1228+member states shall be subject to the process set forth in section 7(c)(21)
1229+to determine if their enactments are materially different from the model
1230+compact statute and whether they qualify for participation in the compact.
6641231 (3) All actions taken for the benefit of the commission or in
665-furtherance of the purposes of the administration of the compact prior
666-to the effective date of the compact or the commission coming into
667-existence shall be considered to be actions of the commission unless
668-specifically repudiated by the commission.
669-(A) Any state that joins the compact subsequent to the
670-commission's initial adoption of the rules and bylaws shall be subject to
671-the rules and bylaws as they exist on the date that the compact becomes
672-law in that state. Any rule that has been previously adopted by the
673-commission shall have the full force and effect of law on the day the
674-compact becomes law in that state.
675-(B) Any member state may withdraw from this compact by
676-enacting a statute repealing the same.
677-(b) A member state's withdrawal shall not take effect until 180
678-days after enactment of the repealing statute.
1232+furtherance of the purposes of the administration of the compact prior to
1233+the effective date of the compact or the commission coming into existence
1234+shall be considered to be actions of the commission unless specifically
1235+repudiated by the commission.
1236+1
1237+2
1238+3
1239+4
1240+5
1241+6
1242+7
1243+8
1244+9
1245+10
1246+11
1247+12
1248+13
1249+14
1250+15
1251+16
1252+17
1253+18
1254+19
1255+20
1256+21
1257+22
1258+23
1259+24
1260+25
1261+26
1262+27
1263+28
1264+29
1265+30
1266+31
1267+32
1268+33
1269+34
1270+35
1271+36
1272+37
1273+38
1274+39
1275+40
1276+41
1277+42
1278+43 HB 2069 16
1279+(A) Any state that joins the compact subsequent to the commission's
1280+initial adoption of the rules and bylaws shall be subject to the rules and
1281+bylaws as they exist on the date that the compact becomes law in that state.
1282+Any rule that has been previously adopted by the commission shall have
1283+the full force and effect of law on the day the compact becomes law in that
1284+state.
1285+(B) Any member state may withdraw from this compact by enacting a
1286+statute repealing the same.
1287+(b) A member state's withdrawal shall not take effect until 180 days
1288+after enactment of the repealing statute.
6791289 (c) Withdrawal shall not affect the continuing requirement of the
6801290 withdrawing state's licensing authority to comply with the investigative
6811291 and adverse action reporting requirements of this compact prior to the
682-effective date of withdrawal. HOUSE BILL No. 2069—page 12
683-(d) Upon the enactment of a statute withdrawing from this
684-compact, a state shall immediately provide notice of such withdrawal to
685-all licensees within that state. Notwithstanding any subsequent statutory
686-enactment to the contrary, such withdrawing state shall continue to
687-recognize all licenses granted pursuant to this compact for a minimum
688-of six months after the date of such notice of withdrawal.
689-(1) Nothing contained in this compact shall be construed to
690-invalidate or prevent any licensure agreement or other cooperative
691-arrangement between a member state and a nonmember state that does
692-not conflict with the provisions of this compact.
1292+effective date of withdrawal.
1293+(d) Upon the enactment of a statute withdrawing from this compact, a
1294+state shall immediately provide notice of such withdrawal to all licensees
1295+within that state. Notwithstanding any subsequent statutory enactment to
1296+the contrary, such withdrawing state shall continue to recognize all
1297+licenses granted pursuant to this compact for a minimum of six months
1298+after the date of such notice of withdrawal.
1299+(1) Nothing contained in this compact shall be construed to invalidate
1300+or prevent any licensure agreement or other cooperative arrangement
1301+between a member state and a nonmember state that does not conflict with
1302+the provisions of this compact.
6931303 (2) This compact may be amended by the member states. No
694-amendment to this compact shall become effective and binding upon
695-any member state until it is enacted into the laws of all member states.
1304+amendment to this compact shall become effective and binding upon any
1305+member state until it is enacted into the laws of all member states.
6961306 SECTION 12—CONSTRUCTION AND SEVERABILITY
697-(a) This compact and the commission's rulemaking authority shall
698-be liberally construed so as to effectuate the purposes, implementation
699-and administration of the compact. Provisions of the compact expressly
700-authorizing or requiring the promulgation of rules shall not be
701-construed to limit the commission's rulemaking authority solely for
702-those purposes.
1307+(a) This compact and the commission's rulemaking authority shall be
1308+liberally construed so as to effectuate the purposes, implementation and
1309+administration of the compact. Provisions of the compact expressly
1310+authorizing or requiring the promulgation of rules shall not be construed to
1311+limit the commission's rulemaking authority solely for those purposes.
7031312 (b) The provisions of this compact shall be severable and if any
704-phrase, clause, sentence or provision of this compact is held by a court
705-of competent jurisdiction to be contrary to the constitution of any
706-member state, a state seeking participation in the compact, or of the
707-United States, or the applicability thereof to any government, agency,
708-person or circumstance is held to be unconstitutional by a court of
709-competent jurisdiction, the validity of the remainder of this compact
710-and the applicability thereof to any other government, agency, person
711-or circumstance shall not be affected thereby.
1313+phrase, clause, sentence or provision of this compact is held by a court of
1314+competent jurisdiction to be contrary to the constitution of any member
1315+state, a state seeking participation in the compact, or of the United States,
1316+or the applicability thereof to any government, agency, person or
1317+circumstance is held to be unconstitutional by a court of competent
1318+jurisdiction, the validity of the remainder of this compact and the
1319+applicability thereof to any other government, agency, person or
1320+circumstance shall not be affected thereby.
7121321 (c) Notwithstanding subsection (b), the commission may deny a
713-state's participation in the compact or, in accordance with the
714-requirements of section 10(b), terminate a member state's participation
715-in the compact, if it determines that a constitutional requirement of a
716-member state is a material departure from the compact. Otherwise, if
717-this compact shall be held to be contrary to the constitution of any
718-member state, the compact shall remain in full force and effect as to the
719-remaining member states and in full force and effect as to the member
720-state affected as to all severable matters.
1322+1
1323+2
1324+3
1325+4
1326+5
1327+6
1328+7
1329+8
1330+9
1331+10
1332+11
1333+12
1334+13
1335+14
1336+15
1337+16
1338+17
1339+18
1340+19
1341+20
1342+21
1343+22
1344+23
1345+24
1346+25
1347+26
1348+27
1349+28
1350+29
1351+30
1352+31
1353+32
1354+33
1355+34
1356+35
1357+36
1358+37
1359+38
1360+39
1361+40
1362+41
1363+42
1364+43 HB 2069 17
1365+state's participation in the compact or, in accordance with the requirements
1366+of section 10(b), terminate a member state's participation in the compact, if
1367+it determines that a constitutional requirement of a member state is a
1368+material departure from the compact. Otherwise, if this compact shall be
1369+held to be contrary to the constitution of any member state, the compact
1370+shall remain in full force and effect as to the remaining member states and
1371+in full force and effect as to the member state affected as to all severable
1372+matters.
7211373 SECTION 13—CONSISTENT EFFECT AND CONFLICT WITH
7221374 OTHER STATE LAWS
7231375 (a) Nothing herein shall prevent or inhibit the enforcement of any
7241376 other law of a member state that is not inconsistent with the compact.
7251377 (b) Any laws, statutes, regulations, or other legal requirements in a
726-member state in conflict with the compact are superseded to the extent
727-of the conflict.
1378+member state in conflict with the compact are superseded to the extent of
1379+the conflict.
7281380 (c) All permissible agreements between the commission and the
7291381 member states are binding in accordance with their terms.
730-Sec. 2. This section shall be known and may be cited as the
731-dietitian compact.
732-SECTION 1—PURPOSE
733-The purpose of this compact is to facilitate interstate practice of
734-dietetics with the goal of improving public access to dietetics services.
735-This compact preserves the regulatory authority of states to protect
736-public health and safety through the current system of state licensure
737-while also providing for licensure portability through a compact
738-privilege granted to qualifying professionals. This compact is designed
739-to achieve the following objectives:
740-(a) Increase public access to dietetics services; HOUSE BILL No. 2069—page 13
741-(b) provide opportunities for interstate practice by licensed
742-dietitians who meet uniform requirements;
743-(c) eliminate the necessity for licenses in multiple states;
744-(d) reduce administrative burden on member states and licensees;
745-(e) enhance the states' ability to protect the public's health and
746-safety;
747-(f) encourage the cooperation of member states in regulating
748-multistate practice of licensed dietitians;
749-(g) support relocating active military members and their spouses;
750-(h) enhance the exchange of licensure, investigative and
751-disciplinary information among member states; and
752-(i) vest all member states with the authority to hold a licensed
753-dietitian accountable for meeting all state practice laws in the state
754-where the patient is located at the time care is rendered.
755-SECTION 2—DEFINITIONS
756-As used in this compact, and except as otherwise provided, the
757-following definitions apply:
758-(a) "ACEND" means the accreditation council for education in
759-nutrition and dietetics or its successor organization.
760-(b) "Active military member" means any individual with full-time
761-duty status in the active armed forces of the United States, including
762-members of the national guard and reserve.
763-(c) "Adverse action" means any administrative, civil, equitable or
764-criminal action permitted by a state's laws that is imposed by a
765-licensing authority or other authority against a licensee, including
766-actions against an individual's license or compact privilege such as
767-revocation, suspension, probation, monitoring of the licensee, limitation
768-on the licensee's practice or any other encumbrance on licensure
769-affecting a licensee's authorization to practice, including issuance of a
770-cease and desist action.
771-(d) "Alternative program" means a non-disciplinary monitoring or
772-practice remediation process approved by a licensing authority.
773-(e) "CDR" means the commission on dietetic registration or its
774-successor organization.
775-(f) "Charter member state" means any member state that enacted
776-this compact by law before the effective date specified in section 12.
777-(g) "Continuing education" means a requirement as a condition of
778-license renewal, to provide evidence of participation in, and completion
779-of, educational and professional activities relevant to practice or area of
780-work.
781-(h) "Compact commission" means the governmental agency
782-whose membership consists of all states that have enacted this compact,
783-which is known as the dietitian licensure compact commission, as
784-described in section 8, and which shall operate as an instrumentality of
785-the member states.
786-(i) "Compact privilege" means a legal authorization, which is
787-equivalent to a license, permitting the practice of dietetics in a remote
788-state.
789-(j) "Current significant investigative information" means:
790-(1) Investigative information that a licensing authority, after a
791-preliminary inquiry that includes notification and an opportunity for the
792-subject licensee to respond, if required by state law, has reason to
793-believe is not groundless and, if proved true, would indicate more than
794-a minor infraction; or
795-(2) investigative information that indicates that the subject
796-licensee represents an immediate threat to public health and safety
797-regardless of whether the subject licensee has been notified and had an
798-opportunity to respond.
799-(k) "Data system" means a repository of information about
800-licensees, including, but not limited to, continuing education,
801-examination, licensure, investigative, compact privilege and adverse
802-action information. HOUSE BILL No. 2069—page 14
803-(l) "Encumbered license" means a license in which an adverse
804-action restricts a licensee's ability to practice dietetics.
805-(m) "Encumbrance" means a revocation or suspension of, or any
806-limitation on, a licensee's full and unrestricted practice of dietetics by a
807-licensing authority.
808-(n) "Executive committee" means a group of delegates elected or
809-appointed to act on behalf of and within the powers granted to them by
810-this compact and the compact commission.
811-(o) "Home state" means the member state that is the licensee's
812-primary state of residence or that has been designated pursuant to
813-section 6.
814-(p) "Investigative information" means information, records and
815-documents received or generated by a licensing authority pursuant to an
816-investigation.
817-(q) "Jurisprudence requirement" means an assessment of an
818-individual's knowledge of the state laws and regulations governing the
819-practice of dietetics in such state.
820-(r) "License" means an authorization from a member state to
821-either:
822-(1) Engage in the practice of dietetics, including medical nutrition
823-therapy; or
824-(2) use the title "dietitian," "licensed dietitian," "licensed dietitian
825-nutritionist," "certified dietitian" or other title describing a substantially
826-similar practitioner as the compact commission may further define by
827-rule.
828-(s) "Licensee" or "licensed dietitian" means an individual who
829-currently holds a license and who meets all of the requirements outlined
830-in section 4.
831-(t) ”Licensing authority" means the board or agency of a state, or
832-equivalent, that is responsible for the licensing and regulation of the
833-practice of dietetics.
834-(u) "Member state" means a state that has enacted the compact.
835-(v) "Practice of dietetics" means the synthesis and application of
836-dietetics as defined by state law and regulations, primarily for the
837-provision of nutrition care services, including medical nutrition therapy,
838-in person or via telehealth, to prevent, manage or treat diseases or
839-medical conditions and promote wellness.
840-(w) "Registered dietitian" means a person who:
841-(1) Has completed applicable education, experience, examination
842-and recertification requirements approved by CDR;
843-(2) is credentialed by CDR as a registered dietitian or a registered
844-dietitian nutritionist; and
845-(3) is legally authorized to use the title registered dietitian or
846-registered dietitian nutritionist and the corresponding abbreviations
847-"RD" or "RDN."
848-(x) "Remote state" means a member state other than the home
849-state where a licensee is exercising or seeking to exercise a compact
850-privilege.
851-(y) "Rule" means a regulation promulgated by the compact
852-commission that has the force of law.
853-(z) "Single state license" means a license issued by a member state
854-within the issuing state and does not include a compact privilege in any
855-other member state.
856-(aa) "State" means any state, commonwealth, district or territory
857-of the United States of America.
858-(bb) "Unencumbered license" means a license that authorizes a
859-licensee to engage in the full and unrestricted practice of dietetics.
860-SECTION 3—STATE PARTICIPATION IN THE COMPACT
861-(a) To participate in the compact, a state shall currently:
862-(1) License and regulate the practice of dietetics; and
863-(2) have a mechanism in place for receiving and investigating
864-complaints concerning licensees. HOUSE BILL No. 2069—page 15
865-(b) A member state shall:
866-(1) Participate fully in the compact commission's data system,
867-including using the unique identifier as defined in rules;
868-(2) notify the compact commission, in compliance with the terms
869-of the compact and rules, of any adverse action or the availability of
870-current significant investigative information regarding a licensee;
871-(3) implement or utilize procedures for considering the criminal
872-history record information of applicants for an initial compact
873-privilege. These procedures shall include the submission of fingerprints
874-or other biometric-based information by applicants for the purpose of
875-obtaining an applicant's criminal history record information from the
876-federal bureau of investigation and the agency responsible for retaining
877-that state's criminal records;
878-(A) a member state shall fully implement a criminal history record
879-information requirement, within a time frame established by rule, that
880-includes receiving the results of the federal bureau of investigation
881-record search and shall use those results in determining compact
882-privilege eligibility; and
883-(B) communication between a member state and the compact
884-commission or among member states regarding the verification of
885-eligibility for a compact privilege shall not include any information
886-received from the federal bureau of investigation relating to a federal
887-criminal history record information check performed by a member
888-state;
889-(4) comply with and enforce the rules of the compact commission;
890-(5) require an applicant for a compact privilege to obtain or retain
891-a license in the licensee's home state and meet the home state's
892-qualifications for licensure or renewal of licensure, as well as all other
893-applicable state laws; and
894-(6) recognize a compact privilege granted to a licensee who meets
895-all of the requirements outlined in section 4 in accordance with the
896-terms of the compact and rules.
897-(c) Member states may set and collect a fee for granting a compact
898-privilege.
899-(d) Individuals not residing in a member state shall continue to be
900-able to apply for a member state's single state license as provided under
901-the laws of each member state. The single state license granted to these
902-individuals shall not be recognized as granting a compact privilege to
903-engage in the practice of dietetics in any other member state.
904-(e) Nothing in this compact shall affect the requirements
905-established by a member state for the issuance of a single state license.
906-(f) At no point shall the compact commission have the power to
907-define the requirements for the issuance of a single state license to
908-practice dietetics. The member states shall retain sole jurisdiction over
909-the provision of these requirements.
910-SECTION 4—COMPACT PRIVILEGE
911-(a) To exercise the compact privilege under the terms and
912-provisions of the compact, the licensee shall:
913-(1) Satisfy one of the following:
914-(A) Hold a valid current registration that gives the applicant the
915-right to use the term registered dietitian; or
916-(B) complete all of the following:
917-(i) An education program that is either:
918-(a) A master's degree or doctoral degree that is programmatically
919-accredited by:
920-(1) ACEND; or
921-(2) a dietetics accrediting agency recognized by the United States
922-department of education, which the compact commission may by rule
923-determine, and from a college or university accredited at the time of
924-graduation by the appropriate regional accrediting agency recognized
925-by the council on higher education accreditation and the United States
926-department of education; or HOUSE BILL No. 2069—page 16
927-(b) an academic degree from a college or university in a foreign
928-country equivalent to the degree described in subclause (a) that is
929-programmatically accredited by:
930-(1) ACEND; or
931-(2) a dietetics accrediting agency recognized by the United States
932-department of education, which the compact commission may by rule
933-determine;
934-(ii) planned, documented and supervised practice experience in
935-dietetics that is programmatically accredited by:
936-(a) ACEND; or
937-(b) a dietetics accrediting agency recognized by the United States
938-department of education which the compact commission may by rule
939-determine, that involves at least 1000 hours of practice experience
940-under the supervision of a registered dietitian or a licensed dietitian;
941-and
942-(iii) successful completion of either:
943-(a) The registration examination for dietitians administered by
944-CDR; or
945-(b) a national credentialing examination for dietitians approved by
946-the compact commission by rule, such completion being not more than
947-five years prior to the date of the licensee's application for initial
948-licensure and accompanied by a period of continuous licensure
949-thereafter, all of which may be further governed by the rules of the
950-compact commission;
951-(2) hold an unencumbered license in the home state;
952-(3) notify the compact commission that the licensee is seeking a
953-compact privilege within a remote state;
954-(4) pay any applicable fees, including any state fee, for the
955-compact privilege;
956-(5) meet any jurisprudence requirements established by the remote
957-state where the licensee is seeking a compact privilege; and
958-(6) report to the compact commission any adverse action,
959-encumbrance or restriction on a license taken by any nonmember state
960-within 30 days from the date the action is taken.
961-(b) The compact privilege shall be valid until the expiration date
962-of the home state license. To maintain a compact privilege, renewal of
963-the compact privilege shall be congruent with the renewal of the home
964-state license as the compact commission may define by rule. The
965-licensee shall comply with the requirements of subsection (a) to
966-maintain the compact privilege in the remote state.
967-(c) A licensee exercising a compact privilege shall adhere to the
968-laws and regulations of the remote state. Licensees shall be responsible
969-for educating themselves on, and complying with, any and all state laws
970-relating to the practice of dietetics in such remote state.
971-(d) Notwithstanding anything to the contrary provided in this
972-compact or state law, a licensee exercising a compact privilege shall not
973-be required to complete continuing education requirements required by
974-a remote state. A licensee exercising a compact privilege shall only be
975-required to meet any continuing education requirements as required by
976-the home state.
977-SECTION 5—OBTAINING A NEW HOME STATE LICENSE
978-BASED ON A COMPACT PRIVILEGE
979-(a) A licensee may hold a home state license that allows for a
980-compact privilege in other member states in only one member state at a
981-time.
982-(b) If a licensee changes home state by moving between two
983-member states:
984-(1) The licensee shall file an application for obtaining a new home
985-state license based on a compact privilege, pay all applicable fees and
986-notify the current and new home state in accordance with the rules of
987-the compact commission.
988-(2) Upon receipt of an application for obtaining a new home state HOUSE BILL No. 2069—page 17
989-license by virtue of a compact privilege, the new home state shall verify
990-that the licensee meets the criteria in section 4 via the data system and
991-require that the licensee complete the following:
992-(A) Federal bureau of investigation fingerprint-based criminal
993-history record information check;
994-(B) any other criminal history record information required by the
995-new home state; and
996-(C) any jurisprudence requirements of the new home state.
997-(3) The former home state shall convert the former home state
998-license into a compact privilege once the new home state has activated
999-the new home state license in accordance with applicable rules adopted
1000-by the compact commission.
1001-(4) Notwithstanding any other provision of this compact, if the
1002-licensee cannot meet the criteria in section 4, the new home state may
1003-apply its requirements for issuing a new single state license.
1004-(5) The licensee shall pay all applicable fees to the new home state
1005-in order to be issued a new home state license.
1006-(c) If a licensee changes their state of residence by moving from a
1007-member state to a nonmember state, or from a nonmember state to a
1008-member state, the state criteria shall apply for issuance of a single state
1009-license in the new state.
1010-(d) Nothing in this compact shall interfere with a licensee's ability
1011-to hold a single state license in multiple states, except that for the
1012-purposes of this compact, a licensee shall have only one home state
1013-license.
1014-(e) Nothing in this compact shall affect the requirements
1015-established by a member state for the issuance of a single state license.
1016-SECTION 6—ACTIVE MILITARY MEMBERS OR THEIR
1017-SPOUSES
1018-An active military member, or their spouse, shall designate a home
1019-state where the individual has a current license in good standing. The
1020-individual may retain the home state designation during the period the
1021-service member is on active duty.
1022-SECTION 7—ADVERSE ACTIONS
1023-(a) In addition to the other powers conferred by state law, a remote
1024-state shall have the authority, in accordance with existing state due
1025-process law, to:
1026-(1) Take adverse action against a licensee's compact privilege
1027-within that member state; and
1028-(2) issue subpoenas for both hearings and investigations that
1029-require the attendance and testimony of witnesses as well as the
1030-production of evidence. Subpoenas issued by a licensing authority in a
1031-member state for the attendance and testimony of witnesses or the
1032-production of evidence from another member state shall be enforced in
1033-the latter state by any court of competent jurisdiction, according to the
1034-practice and procedure applicable to subpoenas issued in proceedings
1035-pending before that court. The issuing authority shall pay any witness
1036-fees, travel expenses, mileage and other fees required by the service
1037-statutes of the state where the witnesses or evidence are located.
1038-(b) Only the home state shall have the power to take adverse
1039-action against a licensee's home state license.
1040-(c) For purposes of taking adverse action, the home state shall
1041-give the same priority and effect to reported conduct received from a
1042-member state as it would if the conduct had occurred within the home
1043-state. In so doing, the home state shall apply its own state laws to
1044-determine appropriate action.
1045-(d) The home state shall complete any pending investigations of a
1046-licensee who changes home states during the course of the
1047-investigations. The home state shall also have authority to take
1048-appropriate action and promptly report the conclusions of the
1049-investigations to the administrator of the data system. The administrator HOUSE BILL No. 2069—page 18
1050-of the data system shall promptly notify the new home state of any
1051-adverse actions.
1052-(e) A member state, if otherwise permitted by state law, may
1053-recover from the affected licensee the costs of investigations and
1054-dispositions of cases resulting from any adverse action taken against
1055-that licensee.
1056-(f) A member state may take adverse action based on the factual
1057-findings of another remote state if the member state follows its own
1058-procedures for taking the adverse action.
1059-(g) Joint investigations.
1060-(1) In addition to the authority granted to a member state by its
1061-respective state law, any member state may participate with other
1062-member states in joint investigations of licensees.
1063-(2) Member states shall share any investigative, litigation or
1064-compliance materials in furtherance of any joint investigation initiated
1065-under the compact.
1066-(h) If adverse action is taken by the home state against a licensee's
1067-home state license resulting in an encumbrance on the home state
1068-license, the licensee's compact privilege in all other member states shall
1069-be revoked until all encumbrances have been removed from the home
1070-state license. All home state disciplinary orders that impose adverse
1071-action against a licensee shall include a statement that the licensee's
1072-compact privileges are revoked in all member states during the
1073-pendency of the order.
1074-(i) Once an encumbered license in the home state is restored to an
1075-unencumbered license as certified by the home state's licensing
1076-authority, the licensee shall meet the requirements of section 4(a) and
1077-follow the administrative requirements to reapply to obtain a compact
1078-privilege in any remote state.
1079-(j) If a member state takes adverse action, such state shall
1080-promptly notify the administrator of the data system. The administrator
1081-of the data system shall promptly notify the other member states state
1082-of any adverse actions.
1083-(k) Nothing in this compact shall override a member state's
1084-decision that participation in an alternative program may be used in lieu
1085-of adverse action.
1086-SECTION 8—ESTABLISHMENT OF THE DIETITIAN
1087-LICENSURE
1088-COMPACT COMMISSION
1089-(a) The compact member states hereby create and establish a joint
1090-governmental agency whose membership consists of all member states
1091-that have enacted the compact known as the dietitian licensure compact
1092-commission. The compact commission is an instrumentality of the
1093-compact states acting jointly and not an instrumentality of any one
1094-state. The compact commission shall come into existence on or after
1095-the effective date of the compact as set forth in section 12.
1096-(b) Membership, voting and meetings.
1097-(1) Each member state shall have and be limited to one delegate
1098-selected by that member state's licensing authority.
1099-(2) The delegate shall be the primary administrator of the
1100-licensing authority or their designee.
1101-(3) The compact commission shall by rule or bylaw establish a
1102-term of office for delegates and may by rule or bylaw establish term
1103-limits.
1104-(4) The compact commission may recommend removal or
1105-suspension of any delegate from office.
1106-(5) A member state's licensing authority shall fill any vacancy of
1107-its delegate occurring on the compact commission within 60 days of the
1108-vacancy.
1109-(6) Each delegate shall be entitled to one vote on all matters
1110-before the compact commission requiring a vote by the delegates.
1111-(7) Delegates shall meet and vote by such means as set forth in the HOUSE BILL No. 2069—page 19
1112-bylaws. The bylaws may provide for delegates to meet and vote in
1113-person or by telecommunication, video conference or other means of
1114-communication.
1115-(8) The compact commission shall meet at least once during each
1116-calendar year. Additional meetings may be held as set forth in the
1117-bylaws. The compact commission may meet in person or by
1118-telecommunication, video conference or other means of
1119-communication.
1120-(c) The compact commission shall have the following powers:
1121-(1) Establish the fiscal year of the compact commission;
1122-(2) establish code of conduct and conflict of interest policies;
1123-(3) establish and amend rules and bylaws;
1124-(4) maintain its financial records in accordance with the bylaws;
1125-(5) meet and take such actions as are consistent with the
1126-provisions of this compact, the compact commission's rules and the
1127-bylaws;
1128-(6) initiate and conclude legal proceedings or actions in the name
1129-of the compact commission, except that the standing of any licensing
1130-authority to sue or be sued under applicable law shall not be affected;
1131-(7) maintain and certify records and information provided to a
1132-member state as the authenticated business records of the compact
1133-commission and designate an agent to do so on the compact
1134-commission's behalf;
1135-(8) purchase and maintain insurance and bonds;
1136-(9) borrow, accept or contract for services of personnel, including,
1137-but not limited to, employees of a member state;
1138-(10) conduct an annual financial review;
1139-(11) hire employees, elect or appoint officers, fix compensation,
1140-define duties, grant such individuals appropriate authority to carry out
1141-the purposes of the compact and establish the compact commission's
1142-personnel policies and programs relating to conflicts of interest,
1143-qualifications of personnel and other related personnel matters;
1144-(12) assess and collect fees;
1145-(13) accept any and all appropriate donations, grants of money,
1146-other sources of revenue, equipment, supplies, materials, services and
1147-gifts, and receive, utilize and dispose of the same except that at all
1148-times the compact commission shall avoid any actual or appearance of
1149-impropriety or conflict of interest;
1150-(14) lease, purchase, retain, own, hold, improve or use any
1151-property, real, personal or mixed or any undivided interest therein;
1152-(15) sell, convey, mortgage, pledge, lease, exchange, abandon or
1153-otherwise dispose of any property real, personal or mixed;
1154-(16) establish a budget and make expenditures;
1155-(17) borrow money;
1156-(18) appoint committees, including standing committees,
1157-composed of members, state regulators, state legislators or their
1158-representatives, consumer representatives and such other interested
1159-persons as may be designated in this compact or the bylaws;
1160-(19) provide and receive information from, and cooperate with,
1161-law enforcement agencies;
1162-(20) establish and elect an executive committee, including a chair
1163-and a vice chair;
1164-(21) determine whether a state's adopted language is materially
1165-different from the model compact language such that the state would
1166-not qualify for participation in the compact; and
1167-(22) perform such other functions as may be necessary or
1168-appropriate to achieve the purposes of this compact.
1169-(d) The executive committee.
1170-(1) The executive committee shall have the power to act on behalf
1171-of the compact commission according to the terms of this compact. The
1172-powers, duties and responsibilities of the executive committee shall
1173-include:
1174-(A) Oversee the day-to-day activities of the administration of the
1175-compact including enforcement and compliance with the provisions of HOUSE BILL No. 2069—page 20
1176-the compact and its rules and bylaws and other such duties as deemed
1177-necessary;
1178-(B) recommend to the compact commission changes to the rules
1179-or bylaws, changes to this compact legislation, fees charged to compact
1180-member states, fees charged to licensees and other fees;
1181-(C) ensure compact administration services are appropriately
1182-provided, including by contract;
1183-(D) prepare and recommend the budget;
1184-(E) maintain financial records on behalf of the compact
1185-commission;
1186-(F) monitor compact compliance of member states and provide
1187-compliance reports to the compact commission;
1188-(G) establish additional committees as necessary;
1189-(H) exercise the powers and duties of the compact commission
1190-during the interim between compact commission meetings, except for
1191-adopting or amending rules, adopting or amending bylaws and
1192-exercising any other powers and duties expressly reserved to the
1193-compact commission by rule or bylaw; and
1194-(I) other duties as provided in the rules or bylaws of the compact
1195-commission.
1196-(2) The executive committee shall be composed of nine members:
1197-(A) The chair and vice chair of the compact commission shall be
1198-voting members of the executive committee;
1199-(B) five voting members from the current membership of the
1200-compact commission, elected by the compact commission;
1201-(C) one exofficio, nonvoting member from a recognized
1202-professional association representing dietitians; and
1203-(D) one exofficio, nonvoting member from a recognized national
1204-credentialing organization for dietitians.
1205-(3) The compact commission may remove any member of the
1206-executive committee as provided in the compact commission's bylaws.
1207-(4) The executive committee shall meet at least annually.
1208-(A) Executive committee meetings shall be open to the public,
1209-except that the executive committee may meet in a closed, nonpublic
1210-meeting as provided in subsection (f)(2).
1211-(B) The executive committee shall give 30 days' notice of its
1212-meetings, posted on the website of the compact commission and as
1213-determined to provide notice to persons with an interest in the business
1214-of the compact commission.
1215-(C) The executive committee may hold a special meeting in
1216-accordance with subsection (f)(1)(B).
1217-(e) The compact commission shall adopt and provide to the
1218-member states an annual report.
1219-(f) Meetings of the compact commission.
1220-(1) All meetings shall be open to the public, except that the
1221-compact commission may meet in a closed, nonpublic meeting as
1222-provided in subsection (f)(2).
1223-(A) Public notice for all meetings of the full compact commission
1224-shall be given in the same manner as required under the rulemaking
1225-provisions in section 10, except that the compact commission may hold
1226-a special meeting as provided in subsection (f)(1)(B).
1227-(B) The compact commission may hold a special meeting when it
1228-shall meet to conduct emergency business by giving 24 hours' notice to
1229-all member states on the compact commission's website and other
1230-means as provided in the compact commission's rules. The compact
1231-commission's legal counsel shall certify that the compact commission's
1232-need to meet qualifies as an emergency.
1233-(2) The compact commission or the executive committee or other
1234-committees of the compact commission may convene in a closed,
1235-nonpublic meeting for the compact commission or executive committee
1236-or other committees of the compact commission to receive legal advice
1237-or to discuss:
1238-(A) Noncompliance of a member state with its obligations under
1239-the compact; HOUSE BILL No. 2069—page 21
1240-(B) the employment, compensation, discipline or other matters,
1241-practices or procedures related to specific employees;
1242-(C) current or threatened discipline of a licensee by the compact
1243-commission or by a member state's licensing authority;
1244-(D) current, threatened or reasonably anticipated litigation;
1245-(E) negotiation of contracts for the purchase, lease, or sale of
1246-goods, services or real estate;
1247-(F) accusing any person of a crime or formally censuring any
1248-person;
1249-(G) trade secrets or commercial or financial information that is
1250-privileged or confidential;
1251-(H) information of a personal nature where disclosure would
1252-constitute a clearly unwarranted invasion of personal privacy;
1253-(I) investigative records compiled for law enforcement purposes;
1254-(J) information related to any investigative reports prepared by or
1255-on behalf of or for use of the compact commission or other committee
1256-charged with responsibility of investigation or determination of
1257-compliance issues pursuant to the compact;
1258-(K) matters specifically exempted from disclosure by federal or
1259-member state law; or
1260-(L) other matters as specified in the rules of the compact
1261-commission.
1262-(3) If a meeting, or portion of a meeting, is closed, the presiding
1263-officer shall state that the meeting will be closed and reference each
1264-relevant exempting provision, and such reference shall be recorded in
1265-the minutes.
1266-(4) The compact commission shall keep minutes that fully and
1267-clearly describe all matters discussed in a meeting and provide a full
1268-and accurate summary of actions taken, and the reasons therefore,
1269-including a description of the views expressed. All documents
1270-considered in connection with an action shall be identified in such
1271-minutes. All minutes and documents of a closed meeting shall remain
1272-under seal, subject to release only by a majority vote of the compact
1273-commission or order of a court of competent jurisdiction.
1274-(g) Financing of the compact commission.
1275-(1) The compact commission shall pay, or provide for the payment
1276-of, the reasonable expenses of its establishment, organization and
1277-ongoing activities.
1278-(2) The compact commission may accept any and all appropriate
1279-revenue sources as provided in subsection (c)(13).
1280-(3) The compact commission may levy on and collect an annual
1281-assessment from each member state and impose fees on licensees of
1282-member states to whom it grants a compact privilege to cover the cost
1283-of the operations and activities of the compact commission and its staff
1284-that shall, in a total amount, be sufficient to cover its annual budget as
1285-approved each year for which revenue is not provided by other sources.
1286-The aggregate annual assessment amount for member states shall be
1287-allocated based upon a formula that the compact commission shall
1288-promulgate by rule.
1289-(4) The compact commission shall not incur obligations of any
1290-kind prior to securing the funds adequate to meet the same, nor shall
1291-the compact commission pledge the credit of any of the member states
1292-except by and with the authority of the member state.
1293-(5) The compact commission shall keep accurate accounts of all
1294-receipts and disbursements. The receipts and disbursements of the
1295-compact commission shall be subject to the financial review and
1296-accounting procedures established under its bylaws. All receipts and
1297-disbursements of funds handled by the compact commission shall be
1298-subject to an annual financial review by a certified or licensed public
1299-accountant, and the report of the financial review shall be included in
1300-and become part of the annual report of the compact commission.
1301-(h) Qualified immunity, defense and indemnification.
1302-(1) The members, officers, executive director, employees and
1303-representatives of the compact commission shall be immune from suit HOUSE BILL No. 2069—page 22
1304-and liability, both personally and in their official capacity, for any claim
1305-for damage to or loss of property or personal injury or other civil
1306-liability caused by or arising out of any actual or alleged act, error or
1307-omission that occurred, or that the person against whom the claim is
1308-made had a reasonable basis for believing occurred within the scope of
1309-compact commission employment, duties or responsibilities, except
1310-that nothing in this paragraph shall be construed to protect any such
1311-person from suit or liability for any damage, loss, injury or liability
1312-caused by the intentional or willful or wanton misconduct of that
1313-person. The procurement of insurance of any type by the compact
1314-commission shall not in any way compromise or limit the immunity
1315-granted hereunder.
1316-(2) The compact commission shall defend any member, officer,
1317-executive director, employee and representative of the compact
1318-commission in any civil action seeking to impose liability arising out of
1319-any actual or alleged act, error or omission that occurred within the
1320-scope of compact commission employment, duties or responsibilities or
1321-as determined by the compact commission that the person against
1322-whom the claim is made had a reasonable basis for believing occurred
1323-within the scope of compact commission employment, duties or
1324-responsibilities, except that nothing herein shall be construed to
1325-prohibit that person from retaining their own counsel at their own
1326-expense and that the actual or alleged act, error or omission did not
1327-result from that person's intentional or willful or wanton misconduct.
1328-(3) The compact commission shall indemnify and hold harmless
1329-any member, officer, executive director, employee and representative of
1330-the compact commission for the amount of any settlement or judgment
1331-obtained against that person arising out of any actual or alleged act,
1332-error or omission that occurred within the scope of compact
1333-commission employment, duties or responsibilities, or that such person
1334-had a reasonable basis for believing occurred within the scope of
1335-compact commission employment, duties or responsibilities, except
1336-that the actual or alleged act, error or omission did not result from the
1337-intentional or willful or wanton misconduct of that person.
1338-(4) Nothing in this compact shall be construed as a limitation on
1339-the liability of any licensee for professional malpractice or misconduct,
1340-which shall be governed solely by any other applicable state laws.
1341-(5) Nothing in this compact shall be interpreted to waive or
1342-otherwise abrogate a member state's state action immunity or state
1343-action affirmative defense with respect to antitrust claims under the
1344-Sherman antitrust act of 1890, the Clayton act 15 U.S.C. §§ 12-27 or
1345-any other state or federal antitrust or anticompetitive law or regulation.
1346-(6) Nothing in this compact shall be construed to be a waiver of
1347-sovereign immunity by the member states or by the compact
1348-commission.
1349-SECTION 9—DATA SYSTEMS
1350-(a) The compact commission shall provide for the development,
1351-maintenance, operation and utilization of a coordinated data system.
1352-(b) The compact commission shall assign each applicant for a
1353-compact privilege a unique identifier, as determined by the rules of the
1354-compact commission.
1355-(c) Notwithstanding any other provision of state law to the
1356-contrary, a member state shall submit a uniform data set to the data
1357-system on all individuals to whom this compact is applicable as
1358-required by the rules of the compact commission, including:
1359-(1) Identifying information;
1360-(2) licensure data;
1361-(3) adverse actions against a license or compact privilege and
1362-information related thereto;
1363-(4) nonconfidential information related to alternative program
1364-participation, the beginning and ending dates of such participation and
1365-other information related to such participation not made confidential HOUSE BILL No. 2069—page 23
1366-under member state law;
1367-(5) any denial of application for licensure and the reason for such
1368-denial;
1369-(6) the presence of current significant investigative information;
1370-and
1371-(7) other information that may facilitate the administration of this
1372-compact or the protection of the public, as determined by the rules of
1373-the compact commission.
1374-(d) The records and information provided to a member state
1375-pursuant to this compact or through the data system, when certified by
1376-the compact commission or an agent thereof, shall constitute the
1377-authenticated business records of the compact commission and shall be
1378-entitled to any associated hearsay exception in any relevant judicial,
1379-quasi-judicial or administrative proceedings in a member state.
1380-(e) Current significant investigative information pertaining to a
1381-licensee in any member state shall only be available to other member
1382-states.
1383-(f) Member states shall report any adverse action against a
1384-licensee and to monitor the data system to determine whether any
1385-adverse action has been taken against a licensee. Adverse action
1386-information pertaining to a licensee in any member state shall be
1387-available to any other member state.
1388-(g) Member states contributing information to the data system
1389-may designate information that shall not be shared with the public
1390-without the express permission of the contributing state.
1391-(h) Any information submitted to the data system that is
1392-subsequently expunged pursuant to federal law or the laws of the
1393-member state contributing the information shall be removed from the
1394-data system.
1395-SECTION 10—RULEMAKING
1396-(a) The compact commission shall promulgate reasonable rules in
1397-order to effectively and efficiently implement and administer the
1398-purposes and provisions of the compact. A rule shall be invalid and
1399-have no force or effect only if a court of competent jurisdiction holds
1400-that the rule is invalid because the compact commission exercised its
1401-rulemaking authority in a manner that is beyond the scope and purposes
1402-of the compact, or the powers granted hereunder, or based upon another
1403-applicable standard of review.
1404-(b) The rules of the compact commission shall have the force of
1405-law in each member state, except that where the rules conflict with the
1406-laws or regulations of a member state that relate to the procedures,
1407-actions and processes a licensed dietitian is permitted to undertake in
1408-that state and the circumstances under which they may do so, as held by
1409-a court of competent jurisdiction, the rules of the compact commission
1410-shall be ineffective in that state to the extent of the conflict.
1411-(c) The compact commission shall exercise its rulemaking powers
1412-pursuant to the criteria set forth in this section and the rules adopted
1413-thereunder. Rules shall become binding on the day following adoption
1414-or as of the date specified in the rule or amendment, whichever is later.
1415-(d) If a majority of the legislatures of the member states rejects a
1416-rule or portion of a rule, by enactment of a statute or resolution in the
1417-same manner used to adopt the compact within four years of the date of
1418-adoption of the rule, then such rule shall have no further force and
1419-effect in any member state.
1420-(e) Rules shall be adopted at a regular or special meeting of the
1421-compact commission.
1422-(f) Prior to adoption of a proposed rule, the compact commission
1423-shall hold a public hearing and allow persons to provide oral and
1424-written comments, data, facts, opinions and arguments.
1425-(g) Prior to adoption of a proposed rule by the compact
1426-commission and at least 30 days in advance of the meeting at which the
1427-compact commission will hold a public hearing on the proposed rule, HOUSE BILL No. 2069—page 24
1428-the compact commission shall provide a notice of proposed
1429-rulemaking:
1430-(1) On the website of the compact commission or other publicly
1431-accessible platform;
1432-(2) to persons who have requested notice of the compact
1433-commission's notices of proposed rulemaking; and
1434-(3) in such other way as the compact commission may by rule
1435-specify.
1436-(h) The notice of proposed rulemaking shall include:
1437-(1) The time, date and location of the public hearing at which the
1438-compact commission will hear public comments on the proposed rule
1439-and, if different, the time, date and location of the meeting where the
1440-compact commission will consider and vote on the proposed rule;
1441-(2) if the hearing is held via telecommunication, video conference
1442-or other means of communication, the compact commission shall
1443-include the mechanism for access to the hearing in the notice of
1444-proposed rulemaking;
1445-(3) the text of the proposed rule and the reason therefor;
1446-(4) a request for comments on the proposed rule from any
1447-interested person; and
1448-(5) the manner in which interested persons may submit written
1449-comments.
1450-(i) All hearings shall be recorded. A copy of the recording and all
1451-written comments and documents received by the compact commission
1452-in response to the proposed rule shall be available to the public.
1453-(j) Nothing in this section shall be construed as requiring a
1454-separate hearing on each rule. Rules may be grouped for the
1455-convenience of the compact commission at hearings required by this
1456-section.
1457-(k) The compact commission shall, by majority vote of all
1458-members, take final action on the proposed rule based on the
1459-rulemaking record and the full text of the rule.
1460-(1) The compact commission may adopt changes to the proposed
1461-rule if the changes do not enlarge the original purpose of the proposed
1462-rule.
1463-(2) The compact commission shall provide an explanation of the
1464-reasons for substantive changes made to the proposed rule as well as
1465-reasons for substantive changes not made that were recommended by
1466-commenters.
1467-(3) The compact commission shall determine a reasonable
1468-effective date for the rule. Except for an emergency as provided in
1469-subsection (l), the effective date of the rule shall be not sooner than 30
1470-days after issuing the notice that it adopted or amended the rule.
1471-(l) Upon determination that an emergency exists, the compact
1472-commission may consider and adopt an emergency rule with 24 hours'
1473-notice, with an opportunity to comment, except that the usual
1474-rulemaking procedures provided in the compact and this section shall
1475-be retroactively applied to the rule as soon as reasonably possible but
1476-not later than 90 days after the effective date of the rule. For the
1477-purposes of this provision, an emergency rule is one that shall be
1478-adopted immediately in order to:
1479-(1) Meet an imminent threat to public health, safety or welfare;
1480-(2) prevent a loss of compact commission or member state funds;
1481-(3) meet a deadline for the promulgation of a rule that is
1482-established by federal law or rule; or
1483-(4) protect public health and safety.
1484-(m) The compact commission or an authorized committee of the
1485-compact commission may direct revision to a previously adopted rule
1486-for purposes of correcting typographical errors, errors in format, errors
1487-in consistency or grammatical errors. Public notice of any revision shall
1488-be posted on the website of the compact commission. The revision shall
1489-be subject to challenge by any person for a period of 30 days after
1490-posting. The revision may be challenged only on grounds that the
1491-revision results in a material change to a rule. A challenge shall be HOUSE BILL No. 2069—page 25
1492-made in writing and delivered to the compact commission prior to the
1493-end of the notice period. If no challenge is made, the revision shall take
1494-effect without further action. If the revision is challenged, the revision
1495-may not take effect without the approval of the compact commission.
1496-(n) No member state's rulemaking requirements shall apply under
1497-this compact.
1498-SECTION 11—OVERSIGHT, DISPUTE RESOLUTION AND
1499-ENFORCEMENT
1500-(a) Oversight.
1501-(1) The executive and judicial branches of state government in
1502-each member state shall enforce this compact and take all actions
1503-necessary and appropriate to implement this compact.
1504-(2) Except as otherwise provided in this compact, venue is proper
1505-and judicial proceedings by or against the compact commission shall be
1506-brought solely and exclusively in a court of competent jurisdiction
1507-where the principal office of the compact commission is located. The
1508-compact commission may waive venue and jurisdictional defenses to
1509-the extent it adopts or consents to participate in alternative dispute
1510-resolution proceedings. Nothing herein shall affect or limit the selection
1511-or propriety of venue in any action against a licensee for professional
1512-malpractice, misconduct or any such similar matter.
1513-(3) The compact commission shall be entitled to receive service of
1514-process in any proceeding regarding the enforcement or interpretation
1515-of the compact and shall have standing to intervene in such a
1516-proceeding for all purposes. Failure to provide the compact commission
1517-service of process shall render a judgment or order void as to the
1518-compact commission, this compact or promulgated rules.
1519-(b) Default, technical assistance and termination.
1520-(1) If the compact commission determines that a member state has
1521-defaulted in the performance of its obligations or responsibilities under
1522-this compact or the promulgated rules, the compact commission shall
1523-provide written notice to the defaulting state. The notice of default shall
1524-describe the default, the proposed means of curing the default and any
1525-other action that the compact commission may take and shall offer
1526-training and specific technical assistance regarding the default.
1527-(2) The compact commission shall provide a copy of the notice of
1528-default to the other member states.
1529-(c) If a state in default fails to cure the default, the defaulting state
1530-may be terminated from the compact upon an affirmative vote of a
1531-majority of the delegates of the member states, and all rights, privileges
1532-and benefits conferred on that state by this compact may be terminated
1533-on the effective date of termination. A cure of the default does not
1534-relieve the offending state of obligations or liabilities incurred during
1535-the period of default.
1536-(d) Termination of membership in the compact shall be imposed
1537-only after all other means of securing compliance have been exhausted.
1538-Notice of intent to suspend or terminate shall be given by the compact
1539-commission to the governor, the majority and minority leaders of the
1540-defaulting state's legislature, the defaulting state's licensing authority
1541-and each of the member states' licensing authority.
1542-(e) A state that has been terminated is responsible for all
1543-assessments, obligations and liabilities incurred through the effective
1544-date of termination, including obligations that extend beyond the
1545-effective date of termination.
1546-(f) Upon the termination of a state's membership from this
1547-compact, that state shall immediately provide notice to all licensees
1548-within that state of such termination. The terminated state shall
1549-continue to recognize all compact privileges granted pursuant to this
1550-compact for a minimum of six months after the date of said notice of
1551-termination.
1552-(g) The compact commission shall not bear any costs related to a
1553-state that is found to be in default or that has been terminated from the HOUSE BILL No. 2069—page 26
1554-compact, unless agreed upon in writing between the compact
1555-commission and the defaulting state.
1556-(h) The defaulting state may appeal the action of the compact
1557-commission by petitioning the United States district court for the
1558-District of Columbia or the federal district where the compact
1559-commission has its principal offices. The prevailing party shall be
1560-awarded all costs of such litigation, including reasonable attorney fees.
1561-(i) Dispute resolution.
1562-(1) Upon request by a member state, the compact commission
1563-shall attempt to resolve disputes related to the compact that arise among
1564-member states and among member and nonmember states.
1565-(2) The compact commission shall promulgate a rule providing for
1566-both mediation and binding dispute resolution for disputes as
1567-appropriate.
1568-(j) Enforcement.
1569-(1) By supermajority vote, the compact commission may initiate
1570-legal action against a member state in default in the United States
1571-district court for the District of Columbia or the federal district where
1572-the compact commission has its principal offices to enforce compliance
1573-with the provisions of the compact and its promulgated rules. The relief
1574-sought may include both injunctive relief and damages. In the event
1575-that judicial enforcement is necessary, the prevailing party shall be
1576-awarded all costs of such litigation, including reasonable attorney fees.
1577-The remedies herein shall not be the exclusive remedies of the compact
1578-commission. The compact commission may pursue any other remedies
1579-available under federal or the defaulting member state's law.
1580-(2) A member state may initiate legal action against the compact
1581-commission in the United States district court for the District of
1582-Columbia or the federal district where the compact commission has its
1583-principal offices to enforce compliance with the provisions of the
1584-compact and its promulgated rules. The relief sought may include both
1585-injunctive relief and damages. In the event that judicial enforcement is
1586-necessary, the prevailing party shall be awarded all costs of such
1587-litigation, including reasonable attorney fees.
1588-(3) No party other than a member state shall enforce this compact
1589-against the compact commission.
1590-SECTION 12—EFFECTIVE DATE, WITHDRAWAL AND
1591-AMENDMENT
1592-(a) The compact shall come into effect on the date that the
1593-compact statute is enacted into law in the seventh member state.
1594-(1) On or after the effective date of the compact, the compact
1595-commission shall convene and review the enactment of each of the first
1596-seven member states, "charter member states," to determine if the
1597-statute enacted by each such charter member state is materially
1598-different than the model compact statute.
1599-(A) A charter member state whose enactment is found to be
1600-materially different from the model compact statute shall be entitled to
1601-the default process set forth in section 11.
1602-(B) If any member state is later found to be in default, or is
1603-terminated or withdraws from the compact, the compact commission
1604-shall remain in existence and the compact shall remain in effect even if
1605-the number of member states should be fewer than seven.
1606-(2) Member states enacting the compact subsequent to the seven
1607-initial charter member states shall be subject to the process set forth in
1608-section 8(c)(21) to determine if their enactments are materially different
1609-from the model compact statute and whether they qualify for
1610-participation in the compact.
1611-(3) All actions taken for the benefit of the compact commission or
1612-in furtherance of the purposes of the administration of the compact
1613-prior to the effective date of the compact or the compact commission
1614-coming into existence shall be considered to be actions of the compact
1615-commission unless specifically repudiated by the compact commission. HOUSE BILL No. 2069—page 27
1616-(4) Any state that joins the compact subsequent to the compact
1617-commission's initial adoption of the rules and bylaws shall be subject to
1618-the rules and bylaws as they exist on the date that the compact becomes
1619-law in that state. Any rule that has been previously adopted by the
1620-compact commission shall have the full force and effect of law on the
1621-day the compact becomes law in that state.
1622-(b) Any member state may withdraw from this compact by
1623-enacting a statute repealing such compact.
1624-(1) A member state's withdrawal shall not take effect until 180
1625-days after enactment of the repealing statute.
1626-(2) Withdrawal shall not affect the continuing requirement of the
1627-withdrawing state's licensing authority to comply with the investigative
1628-and adverse action reporting requirements of this compact prior to the
1629-effective date of withdrawal.
1630-(3) Upon the enactment of a statute withdrawing from this
1631-compact, a state shall immediately provide notice of such withdrawal to
1632-all licensees within that state. Notwithstanding any subsequent
1633-statutory enactment to the contrary, such withdrawing state shall
1634-continue to recognize all compact privileges granted pursuant to this
1635-compact for a minimum of 180 days after the date of such notice of
1636-withdrawal.
1637-(c) Nothing contained in this compact shall be construed to
1638-invalidate or prevent any licensure agreement or other cooperative
1639-arrangement between a member state and a nonmember state that does
1640-not conflict with the provisions of this compact.
1641-(d) This compact may be amended by the member states. No
1642-amendment to this compact shall become effective and binding upon
1643-any member state until it is enacted into the laws of all member states.
1644-SECTION 13—CONSTRUCTION AND SEVERABILITY
1645-(a) This compact and the compact commission's rulemaking
1646-authority shall be liberally construed so as to effectuate the purposes
1647-and the implementation and administration of the compact. Provisions
1648-of the compact expressly authorizing or requiring the promulgation of
1649-rules shall not be construed to limit the compact commission's
1650-rulemaking authority solely for those purposes.
1651-(b) The provisions of this compact shall be severable and if any
1652-phrase, clause, sentence or provision of this compact is held by a court
1653-of competent jurisdiction to be contrary to the constitution of any
1654-member state, a state seeking participation in the compact or of the
1655-United States, or the applicability thereof to any government, agency,
1656-person or circumstance is held to be unconstitutional by a court of
1657-competent jurisdiction, the validity of the remainder of this compact
1658-and the applicability thereof to any other government, agency, person
1659-or circumstance shall not be affected thereby.
1660-(c) Notwithstanding subsection (b), the compact commission may
1661-deny a state's participation in the compact or, in accordance with the
1662-requirements of section 11(b), terminate a member state's participation
1663-in the compact if it determines that a constitutional requirement of a
1664-member state is a material departure from the compact. If this compact
1665-shall be held to be contrary to the constitution of any member state, the
1666-compact shall remain in full force and effect as to the remaining
1667-member states and in full force and effect as to the member state
1668-affected as to all severable matters.
1669-SECTION 14—CONSISTENT EFFECT AND CONFLICT
1670-WITH OTHER STATE LAWS
1671-(a) Nothing in this compact shall prevent or inhibit the
1672-enforcement of any other law of a member state that is not inconsistent
1673-with the compact.
1674-(b) Any laws, statutes, rules and regulations or other legal
1675-requirements in a member state in conflict with the compact are
1676-superseded to the extent of the conflict. HOUSE BILL No. 2069—page 28
1677-(c) All permissible agreements between the compact commission
1678-and the member states are binding in accordance with their terms.
1679-Sec. 3. This section shall be known and may be cited as the
1680-cosmetologist licensure compact.
1681-ARTICLE 1—PURPOSE
1682-(a) The purpose of this compact is to facilitate the interstate
1683-practice and regulation of cosmetology with the goal of improving
1684-public access thereto, the safety of cosmetology services and reducing
1685-unnecessary burdens related to cosmetology licensure. Through this
1686-compact the member states seek to establish a regulatory framework
1687-that provides for a new multistate licensing program. Through this new
1688-licensing program, the member states seek to provide increased value
1689-and mobility to licensed cosmetologists in the member states, while
1690-ensuring the provision of safe, effective and reliable services to the
1691-public.
1692-(b) This compact is designed to achieve the following objectives,
1693-which are ratified by the member states to this compact:
1694-(1) Provide opportunities for interstate practice by cosmetologists
1695-who meet uniform requirements for multistate licensure;
1696-(2) enhance the abilities of member states to protect public health
1697-and safety and prevent fraud and unlicensed activity within the
1698-profession;
1699-(3) ensure and encourage cooperation between member states in
1700-the licensure and regulation of the practice of cosmetology;
1701-(4) support relocating military members and their spouses;
1702-(5) facilitate the exchange of information between member states
1703-related to the licensure, investigation and discipline of the practice of
1704-cosmetology; and
1705-(6) provide for the licensure and mobility of the workforce in the
1706-profession while addressing the shortage of workers and lessening the
1707-associated burdens on the member states.
1708-ARTICLE 2—DEFINITIONS
1709-As used in this compact, and except as otherwise provided, the
1710-following definitions shall govern the terms herein:
1711-(a) "Active military member" means any person with full-time
1712-duty status in the armed forces of the United States, including members
1713-of the national guard and reserve.
1714-(b) "Adverse action" means any administrative, civil, equitable or
1715-criminal action permitted by a member state's laws that is imposed by a
1716-state licensing authority or other regulatory body against a
1717-cosmetologist, including actions against an individual's license or
1718-authorization to practice such as revocation, suspension, probation,
1719-monitoring of the licensee, limitation of the licensee's practice or any
1720-other encumbrance on a license affecting an individual's ability to
1721-participate in the cosmetology industry, including the issuance of a
1722-cease and desist order.
1723-(c) "Authorization to practice" means a legal authorization
1724-associated with a multistate license permitting the practice of
1725-cosmetology in that remote state, which shall be subject to the
1726-enforcement jurisdiction of the state licensing authority in that remote
1727-state.
1728-(d) "Alternative program" means a non-disciplinary monitoring or
1729-prosecutorial diversion program approved by a member state's state
1730-licensing authority.
1731-(e) "Background check" means the submission of information for
1732-an applicant for the purpose of obtaining such applicant's criminal
1733-history record information, as further defined in C.F.R. § 20.3(d), from
1734-the federal bureau of investigation and the agency responsible for
1735-retaining state criminal or disciplinary history in the applicant's home
1736-state.
1737-(f) "Charter member state" means member states that have enacted HOUSE BILL No. 2069—page 29
1738-legislation to adopt this compact where such legislation predates the
1739-effective date of this compact as defined in article 13.
1740-(g) "Commission" means the governmental agency whose
1741-membership consists of all states that have enacted this compact,
1742-known as the cosmetology licensure compact commission, as defined
1743-in article 9, and shall operate as an instrumentality of the member
1744-states.
1745-(h) "Cosmetologist" means an individual licensed in their home
1746-state to practice cosmetology.
1747-(i) "Cosmetology", "cosmetology services" and the "practice of
1748-cosmetology" mean the care and services provided by a cosmetologist
1749-as set forth in the member state's statutes and regulations in the state
1750-where the services are being provided.
1751-(j) "Current significant investigative information" means:
1752-(1) Investigative information that a state licensing authority, after
1753-an inquiry or investigation that complies with a member state's due
1754-process requirements, has reason to believe is not groundless and, if
1755-proved true, would indicate a violation of that state's laws regarding
1756-fraud or the practice of cosmetology; or
1757-(2) investigative information that indicates that a licensee has
1758-engaged in fraud or represents an immediate threat to public health and
1759-safety, regardless of whether the licensee has been notified and had an
1760-opportunity to respond.
1761-(k) "Data system" means a repository of information about
1762-licensees, including, but not limited to, license status, investigative
1763-information and adverse actions.
1764-(l) "Disqualifying event" means any event that shall disqualify an
1765-individual from holding a multistate license under this compact, which
1766-the commission may by rule or order specify.
1767-(m) "Encumbered license" means a license in which an adverse
1768-action restricts the practice of cosmetology by a licensee, or where said
1769-adverse action has been reported to the commission.
1770-(n) "Encumbrance" means a revocation or suspension of, or any
1771-limitation on, the full and unrestricted practice of cosmetology by a
1772-state licensing authority.
1773-(o) "Executive committee" means a group of delegates elected or
1774-appointed to act on behalf of and within the powers granted to them by
1775-the commission.
1776-(p) "Home state" means the member state that is a licensee's
1777-primary state of residence where such licensee holds an active and
1778-unencumbered license to practice cosmetology.
1779-(q) "Investigative information" means information, records or
1780-documents received or generated by a state licensing authority pursuant
1781-to an investigation or other inquiry.
1782-(r) "Jurisprudence requirement" means the assessment of an
1783-individual's knowledge of the laws and rules governing the practice of
1784-cosmetology in a state.
1785-(s) "Licensee" means an individual who currently holds a license
1786-from a member state to practice as a cosmetologist.
1787-(t) "Member state" means any state that has adopted this compact.
1788-(u) "Multistate license" means a license issued by and subject to
1789-the enforcement jurisdiction of the state licensing authority in a
1790-licensee's home state that authorizes the practice of cosmetology in
1791-member states and includes authorizations to practice cosmetology in
1792-all remote states pursuant to this compact.
1793-(v) "Remote state" means any member state other than the
1794-licensee's home state.
1795-(w) "Rule" means any rule or regulation adopted by the
1796-commission under this compact that has the force of law.
1797-(x) "Single-state license" means a cosmetology license issued by a
1798-member state that authorizes practice of cosmetology only within the
1799-issuing state and does not include any authorization outside of the
1800-issuing state.
1801-(y) "State" means a state, territory or possession of the United HOUSE BILL No. 2069—page 30
1802-States and the District of Columbia.
1803-(z) "State licensing authority" means a member state's regulatory
1804-body responsible for issuing cosmetology licenses or otherwise
1805-overseeing the practice of cosmetology in that state.
1806-ARTICLE 3—MEMBER STATE REQUIREMENTS
1807-(a) To be eligible to join this compact and maintain eligibility as a
1808-member state, a state shall:
1809-(1) License and regulate cosmetology;
1810-(2) have a mechanism or entity in place to receive and investigate
1811-complaints about licensees practicing in that state;
1812-(3) require that licensees within the state pass a cosmetology
1813-competency examination prior to being licensed to provide
1814-cosmetology services to the public in that state;
1815-(4) require that licensees satisfy educational or training
1816-requirements in cosmetology prior to being licensed to provide
1817-cosmetology services to the public in that state;
1818-(5) implement procedures for considering one or more of the
1819-following categories of information from applicants for licensure:
1820-Criminal history; disciplinary history; or background check. Such
1821-procedures may include the submission of information by applicants
1822-for the purpose of obtaining an applicant's background check as defined
1823-herein;
1824-(6) participate in the data system, including through the use of
1825-unique identifying numbers;
1826-(7) share information related to adverse actions with the
1827-commission and other member states, both through the data system and
1828-otherwise;
1829-(8) notify the commission and other member states, in compliance
1830-with the terms of the compact and rules of the commission, of the
1831-existence of investigative information or current significant
1832-investigative information in the state's possession regarding a licensee
1833-practicing in that state;
1834-(9) comply with such rules as may be enacted by the commission
1835-to administer the compact; and
1836-(10) accept licensees from other member states as established
1837-herein.
1838-(b) Member states may charge a fee for granting a license to
1839-practice cosmetology.
1840-(c) Individuals not residing in a member state shall continue to be
1841-able to apply for a member state's single-state license as provided under
1842-the laws of each member state, except that the single-state license
1843-granted to these individuals shall not be recognized as granting a
1844-multistate license to provide services in any other member state.
1845-(d) Nothing in this compact shall affect the requirements
1846-established by a member state for the issuance of a single-state license.
1847-(e) A multistate license issued to a licensee by a home state to a
1848-resident of that state shall be recognized by each member state as
1849-authorizing a licensee to practice cosmetology in each member state.
1850-(f) At no point shall the commission have the power to define the
1851-educational or professional requirements for a license to practice
1852-cosmetology. The member states shall retain sole jurisdiction over the
1853-provision of these requirements.
1854-ARTICLE 4—MULTISTATE LICENSE
1855-(a) To be eligible to apply to their home state's state licensing
1856-authority for an initial multistate license under this compact, a licensee
1857-must hold an active and unencumbered single-state license to practice
1858-cosmetology in such licensee's home state.
1859-(b) Upon the receipt of an application for a multistate license,
1860-according to the rules of the commission, a member state's state
1861-licensing authority shall ascertain whether the applicant meets the
1862-requirements for a multistate license under this compact. HOUSE BILL No. 2069—page 31
1863-(c) If an applicant meets the requirements for a multistate license
1864-under this compact and any applicable rules of the commission, the
1865-state licensing authority in receipt of the application shall, within a
1866-reasonable time, grant a multistate license to that applicant and inform
1867-all member states of the grant of such multistate license.
1868-(d) A multistate license to practice cosmetology issued by a
1869-member state's state licensing authority shall be recognized by each
1870-member state as authorizing the practice thereof as though that licensee
1871-held a single-state license to do so in each member state, subject to the
1872-restrictions herein.
1873-(e) A multistate license granted pursuant to this compact may be
1874-effective for a definite period of time, concurrent with the licensure
1875-renewal period in the home state.
1876-(f) To maintain a multistate license under this compact, a licensee
1877-shall:
1878-(1) Agree to abide by the rules of the state licensing authority and
1879-the state scope of practice laws governing the practice of cosmetology
1880-of any member state where the licensee provides services;
1881-(2) pay all required fees related to the application and process and
1882-any other fees that the commission may, by rule, require; and
1883-(3) comply with any and all other requirements regarding
1884-multistate licenses that the commission may, by rule, provide.
1885-(g) A licensee practicing in a member state is subject to all scope
1886-of practice laws governing cosmetology services in that state.
1887-(h) The practice of cosmetology under a multistate license granted
1888-pursuant to this compact shall subject the licensee to the jurisdiction of
1889-the state licensing authority, the courts and the laws of the member state
1890-where the cosmetology services are provided.
1891-ARTICLE 5—REISSUANCE OF A MULTISTATE LICENSE
1892-BY A NEW HOME STATE
1893-(a) A licensee may hold a multistate license, issued by their home
1894-state, in only one member state at any given time.
1895-(b) If a licensee changes such licensee's home state by moving
1896-between two member states:
1897-(1) The licensee shall immediately apply for the reissuance of
1898-such multistate license in such licensee's new home state. The licensee
1899-shall pay all applicable fees and notify the prior home state in
1900-accordance with the rules of the commission;
1901-(2) upon receipt of an application to reissue a multistate license,
1902-the new home state shall verify that the multistate license is active,
1903-unencumbered and eligible for reissuance under the terms of the
1904-compact and the rules of the commission. The multistate license issued
1905-by the prior home state shall be deactivated and all member states
1906-notified in accordance with the applicable rules adopted by the
1907-commission;
1908-(3) if required for initial licensure, the new home state may require
1909-a background check as specified in the laws of that state, or the
1910-compliance with any jurisprudence requirements of the new home state;
1911-and
1912-(4) notwithstanding any other provision of this compact, if a
1913-licensee does not meet the requirements set forth in this compact for the
1914-reissuance of a multistate license by the new home state, then such
1915-licensee shall be subject to the new home state requirements for the
1916-issuance of a single-state license in that state.
1917-(c) If a licensee changes such licensee's primary state of residence
1918-by moving from a member state to a non-member state, or from a non-
1919-member state to a member state, then the licensee shall be subject to the
1920-state requirements for the issuance of a single-state license in the new
1921-home state.
1922-(d) Nothing in this compact shall interfere with a licensee's ability
1923-to hold a single-state license in multiple states, except that, for the
1924-purposes of this compact, a licensee shall have only one home state and HOUSE BILL No. 2069—page 32
1925-one multistate license.
1926-(e) Nothing in this compact shall interfere with the requirements
1927-established by a member state for the issuance of a single-state license.
1928-ARTICLE 6—AUTHORITY OF THE COMPACT COMMISSION
1929-AND MEMBER STATE LICENSING AUTHORITIES
1930-(a) Nothing in this compact, nor any rule or regulation of the
1931-commission, shall be construed to limit, restrict or in any way reduce
1932-the ability of a member state to enact and enforce laws, rules or
1933-regulations related to the practice of cosmetology in that state where
1934-those laws, rules or regulations are not inconsistent with the provisions
1935-of this compact.
1936-(b) Insofar as practicable, a member state's state licensing
1937-authority shall cooperate with the commission and with each entity
1938-exercising independent regulatory authority over the practice of
1939-cosmetology according to the provisions of this compact.
1940-(c) Discipline shall be the sole responsibility of the state where
1941-cosmetology services are provided. Accordingly, each member state's
1942-state licensing authority shall be responsible for receiving complaints
1943-about individuals practicing cosmetology in that state and for
1944-communicating all relevant investigative information about any such
1945-adverse action to the other member states through the data system in
1946-addition to any other methods the commission may require by rule.
1947-ARTICLE 7—ADVERSE ACTIONS
1948-(a) A licensee's home state shall have exclusive power to impose
1949-an adverse action against a licensee's multistate license issued by the
1950-home state.
1951-(b) A home state may take adverse action on a multistate license
1952-based on the investigative information, current significant investigative
1953-information or adverse action of a remote state.
1954-(c) In addition to the powers conferred by state law, each remote
1955-state's state licensing authority shall have the power to:
1956-(1) Take adverse action against a licensee's authorization to
1957-practice cosmetology through the multistate license in that member
1958-state, except that:
1959-(A) Only the licensee's home state shall have the power to take
1960-adverse action against the multistate license issued by the home state;
1961-and
1962-(B) for the purposes of taking adverse action, the home state's
1963-state licensing authority shall give the same priority and effect to
1964-reported conduct received from a remote state as it would if such
1965-conduct had occurred within the home state. In so doing, the home state
1966-shall apply its own state laws to determine the appropriate action;
1967-(2) issue cease and desist orders or impose an encumbrance on a
1968-licensee's authorization to practice within that member state;
1969-(3) complete any pending investigations of a licensee who changes
1970-their primary state of residence during the course of such an
1971-investigation. The state licensing authority shall also be empowered to
1972-report the results of such an investigation to the commission through
1973-the data system as described herein;
1974-(4) issue subpoenas for both hearings and investigations that
1975-require the attendance and testimony of witnesses, as well as the
1976-production of evidence. Subpoenas issued by a state licensing authority
1977-in a member state for the attendance and testimony of witnesses or the
1978-production of evidence from another member state shall be enforced in
1979-the latter state by any court of competent jurisdiction, according to the
1980-practice and procedure of that court applicable to subpoenas issued in
1981-proceedings before it. The issuing state licensing authority shall pay
1982-any witness fees, travel expenses, mileage and other fees required by
1983-the service statutes of the state where the witnesses or evidence are
1984-located;
1985-(5) if otherwise permitted by state law, recover from the affected HOUSE BILL No. 2069—page 33
1986-licensee the costs of investigations and disposition of cases resulting
1987-from any adverse action taken against that licensee; and
1988-(6) take adverse action against the licensee's authorization to
1989-practice in that state based on the factual findings of another remote
1990-state.
1991-(d) A licensee's home state shall complete any pending
1992-investigation of a cosmetologist who changes such licensee's primary
1993-state of residence during the course of the investigation. The home state
1994-shall also have the authority to take appropriate action and promptly
1995-report the conclusions of the investigations to the data system.
1996-(e) If an adverse action is taken by the home state against a
1997-licensee's multistate license, the licensee's authorization to practice in
1998-all other member states shall be deactivated until all encumbrances
1999-have been removed from the home state license. All home state
2000-disciplinary orders that impose an adverse action against a licensee's
2001-multistate license shall include a statement that the cosmetologist's
2002-authorization to practice is deactivated in all member states during the
2003-pendency of the order.
2004-(f) Nothing in this compact shall override a member state's
2005-authority to accept a licensee's participation in an alternative program
2006-in lieu of adverse action. A licensee's multistate license shall be
2007-suspended for the duration of the licensee's participation in any
2008-alternative program.
2009-(g) Joint investigations.
2010-(1) In addition to the authority granted to a member state by its
2011-respective scope of practice laws or other applicable state law, a
2012-member state may participate with other member states in joint
2013-investigations of licensees.
2014-(2) Member states shall share any investigative, litigation or
2015-compliance materials in furtherance of any joint or individual
2016-investigation initiated under the compact.
2017-ARTICLE 8—ACTIVE MILITARY MEMBERS AND THEIR
2018-SPOUSES
2019-Active military members or their spouses shall designate a home
2020-state where the individual has a current license to practice cosmetology
2021-in good standing. The individual may retain their home state
2022-designation during any period of service when that individual or their
2023-spouse is on active duty assignment.
2024-ARTICLE 9—ESTABLISHMENT AND OPERATION OF
2025-THE COSMETOLOGY LICENSURE COMPACT COMMISSION
2026-(a) The compact member states create and establish a joint
2027-government agency whose membership consists of all member states
2028-that have enacted the compact, which shall be known as the
2029-cosmetology licensure compact commission. The commission is an
2030-instrumentality of the compact member states acting jointly and not an
2031-instrumentality of any one state. The commission shall come into
2032-existence on or after the effective date of the compact as set forth in
2033-article 13.
2034-(b) Membership, voting and meetings.
2035-(1) Each member state shall have and be limited to one delegate
2036-selected by such member state's state licensing authority.
2037-(2) The delegate shall be an administrator of the state licensing
2038-authority of the member state or their designee.
2039-(3) The commission shall by rule or bylaw establish a term of
2040-office for delegates and may by rule or bylaw establish term limits.
2041-(4) The commission may recommend removal or suspension of
2042-any delegate from office.
2043-(5) A member state's state licensing authority shall fill any
2044-vacancy of its delegate occurring on the commission within 60 days of
2045-the vacancy. Each delegate shall be entitled to one vote on all matters
2046-that are voted on by the commission. HOUSE BILL No. 2069—page 34
2047-(6) The commission shall meet at least once during each calendar
2048-year. Additional meetings may be held as set forth in the bylaws. The
2049-commission may meet by telecommunication, video conference or
2050-other similar electronic means.
2051-(c) The commission shall have the following powers:
2052-(1) Establish the fiscal year of the commission;
2053-(2) establish code of conduct and conflict of interest policies;
2054-(3) adopt rules and bylaws;
2055-(4) maintain the commission's financial records in accordance
2056-with the bylaws;
2057-(5) meet and take such actions as are consistent with the
2058-provisions of this compact, the commission's rules and the bylaws;
2059-(6) initiate and conclude legal proceedings or actions in the name
2060-of the commission, provided that the standing of any state licensing
2061-authority to sue or be sued under applicable law shall not be affected;
2062-(7) maintain and certify records and information provided to a
2063-member state as the authenticated business records of the commission
2064-and designate an agent to do so on the commission's behalf;
2065-(8) purchase and maintain insurance and bonds;
2066-(9) borrow, accept or contract for services of personnel, including,
2067-but not limited to, employees of a member state;
2068-(10) conduct an annual financial review;
2069-(11) hire employees, elect or appoint officers, fix compensation,
2070-define duties, grant such individuals appropriate authority to carry out
2071-the purposes of the compact and establish the commission's personnel
2072-policies and programs relating to conflicts of interest, qualifications of
2073-personnel and other related personnel matters;
2074-(12) as set forth in the commission rules, charge a fee to a licensee
2075-for the grant of a multistate license and thereafter, as may be
2076-established by commission rule, charge the licensee a multistate license
2077-renewal fee for each renewal period. Nothing herein shall be construed
2078-to prevent a home state from charging a licensee a fee for a multistate
2079-license or renewals of a multistate license or a fee for the jurisprudence
2080-requirement if the member state imposes such a requirement for the
2081-grant of a multistate license;
2082-(13) assess and collect fees;
2083-(14) accept any and all appropriate gifts, donations, grants of
2084-money, other sources of revenue, equipment, supplies, materials and
2085-services, and receive, utilize and dispose of the same, except that, at all
2086-times, the commission shall avoid any appearance of impropriety or
2087-conflict of interest;
2088-(15) lease, purchase, retain, own, hold, improve or use any
2089-property, real, personal or mixed, or any undivided interest therein;
2090-(16) sell, convey, mortgage, pledge, lease, exchange, abandon or
2091-otherwise dispose of any property real, personal or mixed;
2092-(17) establish a budget and make expenditures;
2093-(18) borrow money;
2094-(19) appoint committees, including standing committees,
2095-composed of members, state regulators, state legislators or their
2096-representatives and consumer representatives and such other interested
2097-persons as may be designated in this compact and the bylaws;
2098-(20) provide and receive information from, and cooperate with,
2099-law enforcement agencies;
2100-(21) elect a chair, vice chair, secretary and treasurer and such other
2101-officers of the commission as provided in the commission's bylaws;
2102-(22) establish and elect an executive committee, including a chair
2103-and a vice chair;
2104-(23) adopt and provide an annual report to the member states;
2105-(24) determine whether a state's adopted language is materially
2106-different from the model compact language such that the state would
2107-not qualify for participation in the compact; and
2108-(25) perform such other functions as may be necessary or
2109-appropriate to achieve the purposes of this compact.
2110-(d) The executive committee. HOUSE BILL No. 2069—page 35
2111-(1) The executive committee shall have the power to act on behalf
2112-of the commission according to the terms of this compact. The powers,
2113-duties and responsibilities of the executive committee shall include:
2114-(A) Overseeing the day-to-day activities of the administration of
2115-the compact including compliance with the provisions of the compact,
2116-the commission's rules and bylaws and other such duties as deemed
2117-necessary;
2118-(B) recommending to the commission changes to the rules or
2119-bylaws, changes to this compact legislation, fees charged to compact
2120-member states, fees charged to licensees and other fees;
2121-(C) ensuring compact administration services are appropriately
2122-provided, including by contract;
2123-(D) preparing and recommending the budget;
2124-(E) maintaining financial records on behalf of the commission;
2125-(F) monitoring compact compliance of member states and
2126-providing compliance reports to the commission;
2127-(G) establishing additional committees as necessary;
2128-(H) exercising the powers and duties of the commission during the
2129-interim between commission meetings, except for adopting or
2130-amending rules, adopting or amending bylaws and exercising any other
2131-powers and duties expressly reserved to the commission by rule or
2132-bylaw; and
2133-(I) other duties as provided in the rules or bylaws of the
2134-commission.
2135-(2) The executive committee shall be composed of up to seven
2136-voting members:
2137-(A) The chair and vice chairperson of the commission and any
2138-other members of the commission who serve on the executive
2139-committee shall be voting members of the executive committee.
2140-(B) Other than the chair, vice chair, secretary and treasurer, the
2141-commission shall elect three voting members from the current
2142-membership of the commission.
2143-(C) The commission may elect ex officio, nonvoting members
2144-from a recognized national cosmetology professional association as
2145-approved by the commission. The commission's bylaws shall identify
2146-qualifying organizations and the manner of appointment if the number
2147-of organizations seeking to appoint an ex officio member exceeds the
2148-number of members specified in this article.
2149-(3) The commission may remove any member of the executive
2150-committee as provided in the commission's bylaws.
2151-(4) The executive committee shall meet at least annually.
2152-(A) Annual executive committee meetings, as well as any
2153-executive committee meeting at which the commission does not take or
2154-intend to take formal action on a matter for which a commission vote
2155-would otherwise be required, shall be open to the public, except that the
2156-executive committee may meet in a closed, non-public session of a
2157-public meeting when dealing with any of the matters specified in article
2158-9(f)(4).
2159-(B) The executive committee shall give five business days
2160-advance notice of its public meetings, posted on its website and as
2161-determined to provide notice to persons with an interest in the public
2162-matters that the executive committee intends to address at those
2163-meetings.
2164-(5) The executive committee may hold an emergency meeting
2165-when acting for the commission to:
2166-(A) Meet an imminent threat to public health, safety or welfare;
2167-(B) prevent a loss of commission or member state funds; or
2168-(C) protect public health and safety.
2169-(e) The commission shall adopt and provide an annual report to
2170-the member states.
2171-(f) Meetings of the commission.
2172-(1) All meetings of the commission that are not closed pursuant to
2173-article 9(f)(4) shall be open to the public. Notice of public meetings
2174-shall be posted on the commission's website at least 30 days prior to the HOUSE BILL No. 2069—page 36
2175-public meeting.
2176-(2) Notwithstanding article 9(f)(1), the commission may convene
2177-an emergency public meeting by providing at least 24 hours' prior
2178-notice on the commission's website and any other means as provided in
2179-the commission's rules for any of the reasons it may dispense with
2180-notice of proposed rulemaking under article 11(l). The commission's
2181-legal counsel shall certify that one of the reasons justifying an
2182-emergency public meeting has been met.
2183-(3) Notice of all commission meetings shall provide the time, date
2184-and location of the meeting, and if the meeting is to be held or
2185-accessible via telecommunication, video conference, or other electronic
2186-means, the notice shall include the mechanism for access to the
2187-meeting.
2188-(4) The commission may convene in a closed, non-public meeting
2189-for the commission to discuss:
2190-(A) Non-compliance of a member state with its obligations under
2191-the compact;
2192-(B) the employment, compensation, discipline or other matters,
2193-practices or procedures related to specific employees or other matters
2194-related to the commission's internal personnel practices and procedures;
2195-(C) current or threatened discipline of a licensee by the
2196-commission or by a member state's licensing authority;
2197-(D) current, threatened or reasonably anticipated litigation;
2198-(E) negotiation of contracts for the purchase, lease or sale of
2199-goods, services or real estate;
2200-(F) accusing any person of a crime or formally censuring any
2201-person;
2202-(G) trade secrets or commercial or financial information that is
2203-privileged or confidential;
2204-(H) information of a personal nature if disclosure would constitute
2205-a clearly unwarranted invasion of personal privacy;
2206-(I) investigative records compiled for law enforcement purposes;
2207-(J) information related to any investigative reports prepared by or
2208-on behalf of or for use of the commission or other committee charged
2209-with responsibility of investigation or determination of compliance
2210-issues pursuant to the compact;
2211-(K) legal advice;
2212-(L) matters specifically exempted from disclosure to the public by
2213-federal or member state law; or
2214-(M) other matters as adopted by the commission by rule. If a
2215-meeting, or portion of a meeting, is closed, the presiding officer shall
2216-state that such meeting will be closed and reference each relevant
2217-exempting provision, and such reference shall be recorded in the
2218-minutes.
2219-(5) The commission shall keep minutes that fully and clearly
2220-describe all matters discussed in a meeting and shall provide a full and
2221-accurate summary of actions taken and the reasons therefore, including
2222-a description of the views expressed. All documents considered in
2223-connection with an action shall be identified in such minutes. All
2224-minutes and documents of a closed meeting shall remain under seal,
2225-subject to release only by a majority vote of the commission or order of
2226-a court of competent jurisdiction.
2227-(g) Financing of the commission.
2228-(1) The commission shall pay, or provide for the payment of, the
2229-reasonable expenses of its establishment, organization and ongoing
2230-activities.
2231-(2) The commission may accept any and all appropriate sources of
2232-revenue, donations and grants of money, equipment, supplies, materials
2233-and services.
2234-(3) The commission may levy on and collect an annual assessment
2235-from each member state and impose fees on licensees of member states
2236-to whom it grants a multistate license to cover the cost of the operations
2237-and activities of the commission and its staff, which shall be in a total
2238-amount sufficient to cover its annual budget as approved each year for HOUSE BILL No. 2069—page 37
2239-which revenue is not provided by other sources. The aggregate annual
2240-assessment amount for member states shall be allocated based upon a
2241-formula that the commission shall adopt by rule.
2242-(4) The commission shall not incur obligations of any kind prior to
2243-securing the funds adequate to meet the same, nor shall the commission
2244-pledge the credit of any member states, except by and with the
2245-authority of such member state.
2246-(5) The commission shall keep accurate accounts of all receipts
2247-and disbursements. The receipts and disbursements of the commission
2248-shall be subject to the financial review and accounting procedures
2249-established under its bylaws. All receipts and disbursements of funds
2250-handled by the commission shall be subject to an annual financial
2251-review by a certified or licensed public accountant, and the report of
2252-the financial review shall be included in and become part of the annual
2253-report of the commission.
2254-(h) Qualified immunity, defense and indemnification.
2255-(1) The members, officers, executive director, employees and
2256-representatives of the commission shall be immune from suit and
2257-liability, both personally and in their official capacity, for any claim for
2258-damage to or loss of property or personal injury or other civil liability
2259-caused by or arising out of any actual or alleged act, error or omission
2260-that occurred, or that the person against whom the claim is made had a
2261-reasonable basis for believing occurred, within the scope of
2262-commission employment, duties or responsibilities, except that nothing
2263-in this paragraph shall be construed to protect any such person from
2264-suit or liability for any damage, loss, injury or liability caused by the
2265-intentional or willful or wanton misconduct of that person. The
2266-procurement of insurance of any type by the commission shall not in
2267-any way compromise or limit such immunity granted in this paragraph.
2268-(2) The commission shall defend any member, officer, executive
2269-director, employee and representative of the commission in any civil
2270-action seeking to impose liability arising out of any actual or alleged
2271-act, error or omission that occurred within the scope of commission
2272-employment, duties or responsibilities, or as determined by the
2273-commission that the person against whom the claim is made had a
2274-reasonable basis for believing occurred within the scope of commission
2275-employment, duties or responsibilities, except that nothing in this
2276-paragraph shall be construed to prohibit such person from retaining
2277-their own counsel at their own expense and that the actual or alleged
2278-act, error or omission did not result from such person's intentional or
2279-willful or wanton misconduct.
2280-(3) The commission shall indemnify and hold harmless any
2281-member, officer, executive director, employee and representative of the
2282-commission for the amount of any settlement or judgment obtained
2283-against that person arising out of any actual or alleged act, error or
2284-omission that occurred within the scope of commission employment,
2285-duties or responsibilities, or that such person had a reasonable basis for
2286-believing occurred within the scope of commission employment, duties
2287-or responsibilities, if the actual or alleged act, error or omission did not
2288-result from the intentional or willful or wanton misconduct of that
2289-person.
2290-(4) Nothing in this compact shall be construed as a limitation on
2291-the liability of any licensee for professional malpractice or misconduct,
2292-which shall be governed solely by any other applicable state laws.
2293-(5) Nothing in this compact shall be interpreted to waive or
2294-otherwise abrogate a member state's state action immunity or state
2295-action affirmative defense with respect to antitrust claims under the
2296-Sherman antitrust act of 1890, the Clayton act 15 U.S.C. §§ 17-27 or
2297-any other state or federal antitrust or anticompetitive law or regulation.
2298-(6) Nothing in this compact shall be construed to be a waiver of
2299-sovereign immunity by the member states or by the commission.
2300-ARTICLE 10—DATA SYSTEM HOUSE BILL No. 2069—page 38
2301-(a) The commission shall provide for the development,
2302-maintenance, operation and utilization of a coordinated database and
2303-reporting system.
2304-(b) The commission shall assign each applicant for a multistate
2305-license a unique identifier, as determined by the rules of the
2306-commission.
2307-(c) Notwithstanding any other provision of state law to the
2308-contrary, a member state shall submit a uniform data set to the data
2309-system on all individuals to whom this compact is applicable as
2310-required by the rules of the commission, including:
2311-(1) Identifying information;
2312-(2) licensure data;
2313-(3) adverse actions against a license and information related
2314-thereto;
2315-(4) non-confidential information related to alternative program
2316-participation, the beginning and ending dates of such participation and
2317-other information related to such participation;
2318-(5) any denial of application for licensure and the reason for such
2319-denial, excluding the reporting of any criminal history record
2320-information when prohibited by law;
2321-(6) the existence of investigative information;
2322-(7) the existence of current significant investigative information;
2323-and
2324-(8) other information that may facilitate the administration of this
2325-compact or the protection of the public, as determined by the rules of
2326-the commission.
2327-(d) The records and information provided to a member state
2328-pursuant to this compact or through the data system, when certified by
2329-the commission or an agent thereof, shall constitute the authenticated
2330-business records of the commission and be entitled to any associated
2331-hearsay exception in any relevant judicial, quasi-judicial or
2332-administrative proceedings in a member state.
2333-(e) The existence of current significant investigative information
2334-and the existence of investigative information pertaining to a licensee
2335-in any member state shall only be available to other member states.
2336-(f) It shall be the responsibility of the member states to monitor
2337-the database to determine whether adverse action has been taken
2338-against such a licensee or license applicant. Adverse action information
2339-pertaining to a licensee or license applicant in any member state shall
2340-be available to any other member state.
2341-(g) Member states contributing information to the data system
2342-may designate information that shall not be shared with the public
2343-without the express permission of the contributing state.
2344-(h) Any information submitted to the data system that is
2345-subsequently expunged pursuant to federal law or the laws of the
2346-member state contributing the information shall be removed from the
2347-data system.
2348-ARTICLE 11—RULEMAKING
2349-(a) The commission shall adopt reasonable rules in order to
2350-effectively and efficiently implement and administer the purposes and
2351-provisions of the compact. A rule shall be invalid and have no force or
2352-effect only if a court of competent jurisdiction holds that the rule is
2353-invalid because the commission exercised its rulemaking authority in a
2354-manner that is beyond the scope and purposes of the compact, the
2355-powers granted under this compact or based upon another applicable
2356-standard of review.
2357-(b) The rules of the commission shall have the force of law in each
2358-member state, except that where the rules of the commission conflict
2359-with the laws of the member state that establish the member state's
2360-scope of practice laws governing the practice of cosmetology as held
2361-by a court of competent jurisdiction, the rules of the commission shall
2362-be ineffective in such state to the extent of the conflict. HOUSE BILL No. 2069—page 39
2363-(c) The commission shall exercise its rulemaking powers pursuant
2364-to the criteria set forth in this article and the rules adopted thereunder.
2365-Rules shall become binding as of the date specified by the commission
2366-for each rule.
2367-(d) If a majority of the legislatures of the member states rejects a
2368-rule or a portion of a rule, by enactment of a statute or resolution in the
2369-same manner used to adopt the compact within four years of the date of
2370-adoption of the rule, then such rule shall have no further force and
2371-effect in any member state or to any state applying to participate in the
2372-compact.
2373-(e) Rules shall be adopted at a regular or special meeting of the
2374-commission.
2375-(f) Prior to adoption of a proposed rule, the commission shall hold
2376-a public hearing and allow persons to provide oral and written
2377-comments, data, facts, opinions and arguments.
2378-(g) Prior to adoption of a proposed rule by the commission and at
2379-least 30 days in advance of the meeting at which the commission will
2380-hold a public hearing on the proposed rule, the commission shall
2381-provide a notice of proposed rulemaking:
2382-(1) On the website of the commission or other publicly accessible
2383-platform;
2384-(2) to persons who have requested notice of the commission's
2385-notices of proposed rulemaking; and
2386-(3) in such other way as the commission may by rule specify.
2387-(h) The notice of proposed rulemaking shall include:
2388-(1) The time, date and location of the public hearing at which the
2389-commission will hear public comments on the proposed rule and, if
2390-different, the time, date and location of the meeting where the
2391-commission will consider and vote on the proposed rule;
2392-(2) if the hearing is held via telecommunication, video conference
2393-or other electronic means, the commission shall include the mechanism
2394-for access to the hearing in the notice of proposed rulemaking;
2395-(3) the text of the proposed rule and the reason therefor;
2396-(4) a request for comments on the proposed rule from any
2397-interested person; and
2398-(5) the manner in which interested persons may submit written
2399-comments.
2400-(i) All hearings shall be recorded. A copy of the recording and all
2401-written comments and documents received by the commission in
2402-response to the proposed rule shall be available to the public.
2403-(j) Nothing in this article shall be construed as requiring a separate
2404-hearing on each rule. Rules may be grouped for the convenience of the
2405-commission at hearings required by this article.
2406-(k) The commission shall, by majority vote of all members, take
2407-final action on the proposed rule based on the rulemaking record and
2408-the full text of the rule.
2409-(1) The commission may adopt changes to the proposed rule if the
2410-changes do not enlarge the original purpose of the proposed rule.
2411-(2) The commission shall provide an explanation of the reasons
2412-for substantive changes made to the proposed rule as well as reasons
2413-for substantive changes not made that were recommended by
2414-commenters.
2415-(3) The commission shall determine a reasonable effective date for
2416-the rule. Except for an emergency as provided in article 11(l), the
2417-effective date of the rule shall not be earlier than 45 days after the
2418-commission issues notice that it has adopted or amended such rule.
2419-(l) Upon determination that an emergency exists, the commission
2420-may consider and adopt an emergency rule with five days' notice, with
2421-opportunity to comment, except the usual rulemaking procedures
2422-provided in the compact and this article shall be retroactively applied to
2423-the rule as soon as reasonably possible, not later than 90 days after the
2424-effective date of the rule. For the purposes of this provision, an
2425-emergency rule is one that shall be adopted immediately to:
2426-(1) Meet an imminent threat to public health, safety or welfare; HOUSE BILL No. 2069—page 40
2427-(2) prevent a loss of commission or member state funds;
2428-(3) meet a deadline for the adoption of a rule that is established by
2429-federal law or rule; or
2430-(4) protect public health and safety.
2431-(m) The commission or an authorized committee of the
2432-commission may direct revisions to a previously adopted rule for
2433-purposes of correcting typographical errors, errors in format, errors in
2434-consistency or grammatical errors. Public notice of any revisions shall
2435-be posted on the website of the commission. The revision shall be
2436-subject to challenge by any person for a period of 30 days after posting.
2437-The revision may be challenged only on grounds that the revision
2438-results in a material change to a rule. A challenge shall be made in
2439-writing and delivered to the commission prior to the end of the notice
2440-period. If no challenge is made, the revision will take effect without
2441-further action. If the revision is challenged, the revision may not take
2442-effect without the approval of the commission.
2443-(n) No member state's rulemaking requirements shall apply under
2444-this compact.
2445-ARTICLE 12—OVERSIGHT, DISPUTE RESOLUTION AND
2446-ENFORCEMENT
2447-(a) Oversight.
2448-(1) The executive and judicial branches of state government in
2449-each member state shall enforce this compact and take all actions
2450-necessary and appropriate to implement the compact.
2451-(2) Venue is proper and judicial proceedings by or against the
2452-commission shall be brought solely and exclusively in a court of
2453-competent jurisdiction where the principal office of the commission is
2454-located. The commission may waive venue and jurisdictional defenses
2455-to the extent it adopts or consents to participate in alternative dispute
2456-resolution proceedings. Nothing in this compact shall affect or limit the
2457-selection or propriety of venue in any action against a licensee for
2458-professional malpractice, misconduct or any such similar matter.
2459-(3) The commission shall be entitled to receive service of process
2460-in any proceeding regarding the enforcement or interpretation of the
2461-compact and shall have standing to intervene in such a proceeding for
2462-all purposes. Failure to provide the commission service of process shall
2463-render a judgment or order void as to the commission, this compact or
2464-adopted rules.
2465-(b) Default, technical assistance and termination.
2466-(1) If the commission determines that a member state has
2467-defaulted in the performance of its obligations or responsibilities under
2468-this compact or adopted rules, the commission shall provide written
2469-notice to the defaulting state. The notice of default shall describe the
2470-default, the proposed means of curing the default, any other action that
2471-the commission may take and offer training and specific technical
2472-assistance regarding the default.
2473-(2) The commission shall provide a copy of the notice of default
2474-to the other member states.
2475-(3) If a state in default fails to cure the default, the defaulting state
2476-may be terminated from the compact upon an affirmative vote of a
2477-majority of the delegates of the member states, and all rights, privileges
2478-and benefits conferred on that state by this compact may be terminated
2479-on the effective date of termination. A cure of the default does not
2480-relieve the offending state of obligations or liabilities incurred during
2481-the period of default.
2482-(4) Termination of membership in the compact shall be imposed
2483-only after all other means of securing compliance have been exhausted.
2484-Notice of intent to suspend or terminate shall be given by the
2485-commission to the governor, the majority and minority leaders of the
2486-defaulting state's legislature, the defaulting state's state licensing
2487-authority and each of the member states' state licensing authority.
2488-(5) A state that has been terminated is responsible for all HOUSE BILL No. 2069—page 41
2489-assessments, obligations and liabilities incurred through the effective
2490-date of termination, including obligations that extend beyond the
2491-effective date of termination.
2492-(6) Upon the termination of a state's membership from this
2493-compact, such state shall immediately provide notice to all licensees
2494-who hold a multistate license within that state of such termination. The
2495-terminated state shall continue to recognize all licenses granted
2496-pursuant to this compact for a minimum of 180 days after the date of
2497-said notice of termination.
2498-(7) The commission shall not bear any costs related to a state that
2499-is found to be in default or that has been terminated from the compact
2500-unless agreed upon in writing between the commission and the
2501-defaulting state.
2502-(8) The defaulting state may appeal the action of the commission
2503-by petitioning the United States district court for the District of
2504-Columbia or the federal district where the commission has its principal
2505-offices. The prevailing party shall be awarded all costs of such
2506-litigation, including reasonable attorney fees.
2507-(c) Dispute resolution.
2508-(1) Upon request by a member state, the commission shall attempt
2509-to resolve disputes related to the compact that arise among member
2510-states and between member and non-member states.
2511-(2) The commission shall adopt a rule providing for both
2512-mediation and binding dispute resolution for disputes as appropriate.
2513-(d) Enforcement.
2514-(1) The commission, in the reasonable exercise of its discretion,
2515-shall enforce the provisions of this compact and the commission's rules.
2516-(2) By majority vote as provided by commission rule, the
2517-commission may initiate legal action against a member state in default
2518-in the United States district court for the District of Columbia or the
2519-federal district where the commission has its principal offices to
2520-enforce compliance with the provisions of the compact and its adopted
2521-rules. The relief sought may include both injunctive relief and damages.
2522-In the event that judicial enforcement is necessary, the prevailing party
2523-shall be awarded all costs of such litigation, including reasonable
2524-attorney fees. The remedies in this compact shall not be the exclusive
2525-remedies of the commission. The commission may pursue any other
2526-remedies available under federal or the defaulting member state's law.
2527-(3) A member state may initiate legal action against the
2528-commission in the United States district court for the District of
2529-Columbia or the federal district where the commission has its principal
2530-offices to enforce compliance with the provisions of the compact and
2531-its adopted rules. The relief sought may include both injunctive relief
2532-and damages. In the event that judicial enforcement is necessary, the
2533-prevailing party shall be awarded all costs of such litigation, including
2534-reasonable attorney fees.
2535-(4) No individual or entity other than a member state may enforce
2536-this compact against the commission.
2537-ARTICLE 13—EFFECTIVE DATE, WITHDRAWAL AND
2538-AMENDMENT
2539-(a) The compact shall come into effect on the date that the
2540-compact statute is enacted into law in the seventh member state. On or
2541-after the effective date of the compact, the commission shall convene
2542-and review the enactment of each of the charter member states to
2543-determine if the statute enacted by each such charter member state is
2544-materially different than the model compact statute.
2545-(1) A charter member state whose enactment is found to be
2546-materially different from the model compact statute shall be entitled to
2547-the default process set forth in article 12.
2548-(2) If any member state is later found to be in default, or is
2549-terminated or withdraws from the compact, the commission shall
2550-remain in existence, and the compact shall remain in effect even if the HOUSE BILL No. 2069—page 42
2551-number of member states should be fewer than seven.
2552-(3) Member states enacting the compact subsequent to the charter
2553-member states shall be subject to the process set forth in article 9(c)(24)
2554-to determine if such enactments are materially different from the model
2555-compact statute and whether the enactments qualify for participation in
2556-the compact.
2557-(4) All actions taken for the benefit of the commission or in
2558-furtherance of the purposes of the administration of the compact prior
2559-to the effective date of the compact or the commission coming into
2560-existence shall be considered to be actions of the commission unless
2561-specifically repudiated by the commission.
2562-(5) Any state that joins the compact shall be subject to the
2563-commission's rules and bylaws as they exist on the date that the
2564-compact becomes law in that state. Any rule that has been previously
2565-adopted by the commission shall have the full force and effect of law
2566-on the date that the compact becomes law in that state.
2567-(b) Any member state may withdraw from this compact by
2568-enacting a statute repealing that state's enactment of the compact.
2569-(1) A member state's withdrawal shall not take effect until 180
2570-days after enactment of the repealing statute.
2571-(2) Withdrawal shall not affect the continuing requirement of the
2572-withdrawing state's state licensing authority to comply with the
2573-investigative and adverse action reporting requirements of this compact
2574-prior to the effective date of withdrawal.
2575-(3) Upon the enactment of a statute withdrawing from this
2576-compact, a state shall immediately provide notice of such withdrawal to
2577-all licensees within that state. Notwithstanding any subsequent
2578-statutory enactment to the contrary, such withdrawing state shall
2579-continue to recognize all licenses granted pursuant to this compact for a
2580-minimum of 180 days after the date of such notice of withdrawal.
2581-(c) Nothing contained in this compact shall be construed to
2582-invalidate or prevent any licensure agreement or other cooperative
2583-arrangement between a member state and a non-member state that does
2584-not conflict with the provisions of this compact.
2585-(d) This compact may be amended by the member states. No
2586-amendment to this compact shall become effective and binding upon
2587-any member state until it is enacted into the laws of all member states.
2588-ARTICLE 14—CONSTRUCTION AND SEVERABILITY
2589-(a) This compact and the commission's rulemaking authority shall
2590-be liberally construed so as to effectuate the purposes and the
2591-implementation and administration of the compact. Provisions of the
2592-compact expressly authorizing or requiring the adoption of rules shall
2593-not be construed to limit the commission's rulemaking authority solely
2594-for those purposes.
2595-(b) The provisions of this compact shall be severable and if any
2596-phrase, clause, sentence or provision of this compact is held by a court
2597-of competent jurisdiction to be contrary to the constitution of any
2598-member state, a state seeking participation in the compact or of the
2599-United States or the applicability thereof to any government, agency,
2600-person or circumstance is held to be unconstitutional by a court of
2601-competent jurisdiction, the validity of the remainder of this compact
2602-and the applicability thereof to any other government, agency, person
2603-or circumstance shall not be affected thereby.
2604-(c) Notwithstanding article 14(b), the commission may deny a
2605-state's participation in the compact or terminate a member state's
2606-participation in the compact, in accordance with the requirements of
2607-article 12, if the commission determines that a constitutional
2608-requirement of a member state is a material departure from the
2609-compact. Otherwise, if this compact shall be held to be contrary to the
2610-constitution of any member state, the compact shall remain in full force
2611-and effect as to the remaining member states and in full force and effect
2612-as to the member state affected as to all severable matters. HOUSE BILL No. 2069—page 43
2613-ARTICLE 15—CONSISTENT EFFECT AND CONFLICT
2614-WITH OTHER STATE LAWS
2615-(a) Nothing in this compact shall prevent or inhibit the
2616-enforcement of any other law of a member state that is not inconsistent
2617-with the compact.
2618-(b) Any laws, statutes, regulations or other legal requirements in a
2619-member state in conflict with the compact are superseded to the extent
2620-of the conflict.
2621-(c) All permissible agreements between the commission and the
2622-member states are binding in accordance with their terms.
2623-Sec. 4.
2624- 
2625-SECTION 1—PURPOSE
2626-In order to strengthen access to medical services and in recognition
2627-of the advances in the delivery of medical services, the participating
2628-states of the PA licensure compact have allied in common purpose to
2629-develop a comprehensive process that complements the existing
2630-authority of state licensing boards to license and discipline PAs and
2631-seeks to enhance the portability of a license to practice as a PA while
2632-safeguarding the safety of patients. This compact allows medical
2633-services to be provided by PAs, via the mutual recognition of the
2634-licensee's qualifying license by other compact-participating states. This
2635-compact also adopts the prevailing standard for PA licensure and
2636-affirms that the practice and delivery of medical services by the PA
2637-occurs where the patient is located at the time of the patient encounter
2638-and, therefore, requires the PA to be under the jurisdiction of the state
2639-licensing board where the patient is located. State licensing boards that
2640-participate in this compact retain the jurisdiction to impose adverse
2641-action against a compact privilege in that state issued to a PA through
2642-the procedures of this compact. The PA licensure compact will alleviate
2643-burdens for military families by allowing active duty military personnel
2644-and their spouses to obtain a compact privilege based on having an
2645-unrestricted license in good standing from a participating state.
2646-SECTION 2—DEFINITIONS
2647-As used in this compact:
2648-(a) "Adverse action" means any administrative, civil, equitable or
2649-criminal action permitted by a state's laws that is imposed by a
2650-licensing board or other authority against a PA license, application for
2651-licensure or compact privilege such as license denial, censure,
2652-revocation, suspension, probation, monitoring of the licensee or
2653-restriction on the licensee's practice.
2654-(b) "Compact privilege" means the authorization granted by a
2655-remote state to allow a licensee from another participating state to
2656-practice as a PA to provide medical services and other licensed activity
2657-to a patient located in the remote state under the remote state's laws and
2658-regulations.
2659-(c) "Conviction" means a finding by a court that an individual is
2660-guilty of a felony or misdemeanor offense through adjudication or entry
2661-of a guilty plea or no contest to the charge by the offender.
2662-(d) "Criminal background check" means the submission of
2663-fingerprints or other biometric-based information for an applicant for
2664-licensure for the purpose of obtaining that applicant's criminal history
2665-record information, as defined in 28 C.F.R. § 20.3(d), from the state's
2666-criminal history record repository as defined in 28 C.F.R. § 20.3(f).
2667-(e) "Data system" means the repository of information concerning
2668-licensees, including, but not limited to, license status and adverse
2669-actions, that is created and administered under the terms of this
2670-compact.
2671-(f) "Executive committee" means a group of directors and ex
2672-officio individuals elected or appointed pursuant to section 7(f)(2). HOUSE BILL No. 2069—page 44
2673-(g) "Impaired practitioner" means a PA whose practice is
2674-adversely affected by a health-related condition that impacts such PA's
2675-ability to practice.
2676-(h) "Investigative information" means information, records or
2677-documents received or generated by a licensing board pursuant to an
2678-investigation.
2679-(i) "Jurisprudence requirement" means the assessment of an
2680-individual's knowledge of the laws and rules governing the practice of a
2681-PA in a state.
2682-(j) "License" means current authorization by a state, other than
2683-authorization pursuant to a compact privilege, for a PA to provide
2684-medical services that would be unlawful without current authorization.
2685-(k) "Licensee" means an individual who holds a license from a
2686-state to provide medical services as a PA.
2687-(l) "Licensing board" means any state entity authorized to license
2688-and otherwise regulate PAs.
2689-(m) "Medical services" means healthcare services provided for the
2690-diagnosis, prevention, treatment, cure or relief of a health condition,
2691-injury or disease, as defined by a state's laws and regulations.
2692-(n) "Model compact" means the model for the PA licensure
2693-compact on file with the council of state governments or other entity as
2694-designated by the commission.
2695-(o) "PA" means an individual who is licensed as a physician
2696-assistant in a state. For purposes of this compact, any other title or
2697-status adopted by a state to replace the term "physician assistant" shall
2698-be deemed synonymous with "physician assistant" and shall confer the
2699-same rights and responsibilities to the licensee under the provisions of
2700-this compact at the time of its enactment.
2701-(p) "PA licensure compact commission," "compact commission"
2702-or "commission" means the national administrative body created
2703-pursuant to section 7(a).
2704-(q) "Participating state" means a state that has enacted this
2705-compact.
2706-(r) "Qualifying license" means an unrestricted license issued by a
2707-participating state to provide medical services as a PA.
2708-(s) "Remote state" means a participating state where a licensee
2709-who is not licensed as a PA is exercising or seeking to exercise the
2710-compact privilege.
2711-(t) "Rule" means any rule or regulation adopted by an entity that
2712-has the force and effect of law.
2713-(u) "Significant investigative information" means investigative
2714-information that a licensing board, after an inquiry or investigation that
2715-includes notification and an opportunity for the PA to respond if
2716-required by state law, has reason to believe is not groundless and, if
2717-proven true, would indicate more than a minor infraction.
2718-(v) "State" means any state, commonwealth, district or territory of
2719-the United States.
2720- SECTION 3—STATE PARTICIPATION IN THIS COMPACT
2721-(a) To participate in this compact, a participating state shall:
2722-(1) License PAs;
2723-(2) participate in the compact commission's data system;
2724-(3) have a mechanism in place for receiving and investigating
2725-complaints against licensees and applicants for licensure;
2726-(4) notify the commission, in compliance with the terms of this
2727-compact and commission rules, of any adverse action against a licensee
2728-or applicant for licensure and the existence of significant investigative
2729-information regarding a licensee or applicant for licensure;
2730-(5) fully implement a criminal background check requirement,
2731-within a time frame established by commission rule, by its licensing
2732-board receiving the results of a criminal background check and
2733-reporting to the commission whether the applicant for licensure has
2734-been granted a license; HOUSE BILL No. 2069—page 45
2735-(6) comply with the rules of the compact commission;
2736-(7) utilize passage of a recognized national examination such as
2737-the NCCPA PANCE as a requirement for PA licensure; and
2738-(8) grant the compact privilege to a holder of a qualifying license
2739-in a participating state.
2740-(b) Nothing in this compact shall be construed to prohibit a
2741-participating state from charging a fee for granting the compact
2742-privilege.
2743-SECTION 4—COMPACT PRIVILEGE
2744-(a) To exercise the compact privilege, a licensee shall:
2745-(1) Have graduated from a PA program accredited by the
2746-accreditation review commission on education for the physician
2747-assistant, inc., or other programs authorized by commission rule;
2748-(2) hold current NCCPA certification;
2749-(3) have no felony or misdemeanor convictions;
2750-(4) have never had a controlled substance license, permit or
2751-registration suspended or revoked by a state or by the United States
2752-drug enforcement administration;
2753-(5) have a unique identifier as determined by commission rule;
2754-(6) hold a qualifying license;
2755-(7) have had no revocation of a license or limitation or restriction
2756-on any license currently held due to an adverse action;
2757-(A) if a licensee has had a limitation or restriction on a license or
2758-compact privilege due to an adverse action, two years shall have
2759-elapsed from the date on which the license or compact privilege is no
2760-longer limited or restricted due to the adverse action;
2761-(B) if a compact privilege has been revoked or is limited or
2762-restricted in a participating state for conduct that would not be a basis
2763-for disciplinary action in a participating state in which the licensee is
2764-practicing or applying to practice under a compact privilege, that
2765-participating state shall have the discretion not to consider such action
2766-as an adverse action requiring the denial or removal of a compact
2767-privilege in that state;
2768-(8) notify the compact commission that the licensee is seeking the
2769-compact privilege in a remote state;
2770-(9) meet any jurisprudence requirement of a remote state in which
2771-the licensee is seeking to practice under the compact privilege and pay
2772-any fees applicable to satisfying the jurisprudence requirement; and
2773-(10) report to the commission any adverse action taken by a
2774-nonparticipating state within 30 days after such adverse action is taken.
2775-(b) The compact privilege shall be valid until the expiration or
2776-revocation of the qualifying license unless terminated pursuant to an
2777-adverse action. The licensee shall comply with the requirements of
2778-subsection (a) to maintain the compact privilege in a remote state. If the
2779-participating state takes adverse action against a qualifying license, the
2780-licensee shall lose the compact privilege in any remote state in which
2781-the licensee has a compact privilege until the licensee meets the
2782-following conditions:
2783-(1) The license is no longer limited or restricted; and
2784-(2) two years have elapsed from the date on which the license is
2785-no longer limited or restricted due to the adverse action.
2786-(c) Once a restricted or limited license satisfies the requirements
2787-of subsection (b), the licensee shall meet the requirements of subsection
2788-(a) to obtain a compact privilege in any remote state.
2789-(d) For each remote state in which a PA seeks authority to
2790-prescribe controlled substances, the PA shall satisfy all the requirements
2791-imposed by such state in granting or renewing such authority.
2792-SECTION 5—DESIGNATION OF THE STATE FROM WHICH
2793-THE LICENSEE IS APPLYING FOR A COMPACT PRIVILEGE
2794-Upon a licensee's application for a compact privilege, the licensee
2795-shall identify to the commission the participating state from which the HOUSE BILL No. 2069—page 46
2796-licensee is applying, in accordance with applicable rules adopted by the
2797-commission and subject to the following requirements:
2798-(a) When applying for a compact privilege, the licensee shall
2799-provide the commission with the address of the licensee's primary
2800-residence and, thereafter, shall immediately report to the commission
2801-any change in the address of the licensee's primary residence; and
2802-(b) when applying for a compact privilege, the licensee is required
2803-to consent to accept service of process by mail at the licensee's primary
2804-residence on file with the commission with respect to any action
2805-brought against the licensee by the commission or a participating state,
2806-including a subpoena, with respect to any action brought or
2807-investigation conducted by the commission or a participating state.
2808-SECTION 6—ADVERSE ACTIONS
2809-(a) A participating state in which a licensee is licensed shall have
2810-exclusive power to impose adverse action against the qualifying license
2811-issued by that participating state.
2812-(b) In addition to the other powers conferred by state law, a remote
2813-state shall have the authority, in accordance with existing state due
2814-process law, to:
2815-(1) Take adverse action against a PA's compact privilege within
2816-that state to remove a licensee's compact privilege or take other action
2817-necessary under applicable law to protect the health and safety of its
2818-citizens; and
2819-(2) issue subpoenas for both hearings and investigations that
2820-require the attendance and testimony of witnesses as well as the
2821-production of evidence. Subpoenas issued by a licensing board in a
2822-participating state for the attendance and testimony of witnesses or the
2823-production of evidence from another participating state shall be
2824-enforced in the latter state by any court of competent jurisdiction,
2825-according to the practice and procedure of such court applicable to
2826-subpoenas issued in proceedings pending before it. The issuing
2827-authority shall pay any witness fees, travel expenses, mileage and other
2828-fees required by the service statutes of the state in which the witnesses
2829-or evidence is located.
2830-(c) Notwithstanding subsection (b)(2), subpoenas shall not be
2831-issued by a participating state to gather evidence of conduct in another
2832-state that is lawful in such other state for the purpose of taking adverse
2833-action against a licensee's compact privilege or application for a
2834-compact privilege in the participating state.
2835-(d) Nothing in this compact shall be deemed to authorize a
2836-participating state to impose discipline against a PA's compact privilege
2837-or to deny an application for a compact privilege in that participating
2838-state for the individual's otherwise lawful practice in another state.
2839-(e) For purposes of taking adverse action, the participating state
2840-that issued the qualifying license shall give the same priority and effect
2841-to reported conduct received from any other participating state as it
2842-would if the conduct had occurred within the participating state that
2843-issued the qualifying license. The participating state shall apply its own
2844-state laws to determine appropriate action.
2845-(f) A participating state, if otherwise permitted by state law, may
2846-recover from the affected PA the costs of investigations and disposition
2847-of cases resulting from any adverse action taken against that PA.
2848-(g) A participating state may take adverse action based on the
2849-factual findings of a remote state if the participating state follows its
2850-own procedures for taking the adverse action.
2851-(h) Joint investigations.
2852-(1) In addition to the authority granted to a participating state by
2853-such state's PA laws and regulations or other applicable state law, any
2854-participating state may participate with other participating states in joint
2855-investigations of licensees.
2856-(2) Participating states shall share any investigative, litigation or
2857-compliance materials in furtherance of any joint or individual HOUSE BILL No. 2069—page 47
2858-investigation initiated under this compact.
2859-(i) If an adverse action is taken against a PA's qualifying license,
2860-the PA's compact privilege in all remote states shall be deactivated until
2861-two years have elapsed after all restrictions have been removed from
2862-the state license. All disciplinary orders by the participating state that
2863-issued the qualifying license that impose adverse action against a PA's
2864-license shall include a statement that the PA's compact privilege is
2865-deactivated in all participating states during the pendency of the order.
2866-(j) If any participating state takes adverse action, it promptly shall
2867-notify the administrator of the data system.
2868-SECTION 7—ESTABLISHMENT OF THE PA LICENSURE
2869-COMPACT COMMISSION
2870-(a) The participating states hereby create and establish a joint
2871-government agency and national administrative body known as the PA
2872-licensure compact commission. The commission is an instrumentality
2873-of the compact states acting jointly and not an instrumentality of any
2874-one state. The commission shall come into existence on or after the
2875-effective date of the compact as set forth in section 11(a).
2876-(b) Membership, voting and meetings.
2877-(1) Each participating state shall have and be limited to one
2878-delegate selected by such participating state's licensing board or, if such
2879-participating state has more than one licensing board, selected
2880-collectively by the participating state's licensing boards.
2881-(2) A delegate shall be either:
2882-(A) A current PA, physician or public member of a licensing board
2883-or PA council or committee; or
2884-(B) an administrator of a licensing board.
2885-(3) Any delegate may be removed or suspended from office as
2886-provided by the laws of the state from which the delegate is appointed.
2887-(4) The participating state licensing board shall fill any vacancy
2888-occurring in the commission within 60 days.
2889-(5) Each delegate shall be entitled to one vote on all matters voted
2890-on by the commission and shall otherwise have an opportunity to
2891-participate in the commission's business and affairs. A delegate shall
2892-vote in person or by such other means as provided in the bylaws. The
2893-bylaws may provide for delegates' participation in meetings by
2894-telecommunications, video conference or other means of
2895-communication.
2896-(6) The commission shall meet at least once during each calendar
2897-year. Additional meetings shall be held as set forth in this compact and
2898-the bylaws.
2899-(7) The commission shall establish by rule a term of office for
2900-delegates.
2901-(c) The commission shall have the following powers and duties:
2902-(1) Establish a code of ethics for the commission;
2903-(2) establish the fiscal year of the commission;
2904-(3) establish fees;
2905-(4) establish bylaws;
2906-(5) maintain its financial records in accordance with the bylaws;
2907-(6) meet and take such actions as are consistent with the
2908-provisions of this compact and the bylaws;
2909-(7) adopt rules to facilitate and coordinate implementation and
2910-administration of this compact, and such rules shall have the force and
2911-effect of law and shall be binding in all participating states;
2912-(8) bring and prosecute legal proceedings or actions in the name of
2913-the commission, except that the standing of any state licensing board to
2914-sue or be sued under applicable law shall not be affected;
2915-(9) purchase and maintain insurance and bonds;
2916-(10) borrow, accept or contract for services of personnel,
2917-including, but not limited to, employees of a participating state;
2918-(11) hire employees and engage contractors, elect or appoint
2919-officers, fix compensation, define duties, grant such individuals HOUSE BILL No. 2069—page 48
2920-appropriate authority to carry out the purposes of this compact and
2921-establish the commission's personnel policies and programs relating to
2922-conflicts of interest, qualifications of personnel and other related
2923-personnel matters;
2924-(12) accept any and all appropriate donations and grants of money,
2925-equipment, supplies, materials and services and receive, utilize and
2926-dispose of the same. At all times the commission shall avoid any
2927-appearance of impropriety or conflict of interest;
2928-(13) lease, purchase, accept appropriate gifts or donations of or
2929-otherwise own, hold, improve or use any property real, personal or
2930-mixed. In performing these actions, the commission shall avoid the
2931-appearance of impropriety at all times;
2932-(14) sell, convey, mortgage, pledge, lease, exchange, abandon or
2933-otherwise dispose of any property real, personal or mixed;
2934-(15) establish a budget and make expenditures;
2935-(16) borrow money;
2936-(17) appoint committees, including standing committees
2937-composed of members, state regulators, state legislators or their
2938-representatives, consumer representatives and such other interested
2939-persons as may be designated in this compact and the bylaws;
2940-(18) provide and receive information from, and cooperate with,
2941-law enforcement agencies;
2942-(19) elect a chairperson, vice chairperson, secretary and treasurer
2943-and such other officers of the commission as provided in the
2944-commission's bylaws;
2945-(20) reserve for itself, in addition to those reserved exclusively to
2946-the commission under the compact, powers that the executive
2947-committee shall not exercise;
2948-(21) approve or disapprove a state's participation in the compact
2949-based upon its determination as to whether the state's compact
2950-legislation materially departs from the model compact language;
2951-(22) prepare and provide to the participating states an annual
2952-report; and
2953-(23) perform such other functions as may be necessary or
2954-appropriate to achieve the purposes of this compact, consistent with the
2955-state regulation of PA licensure and practice.
2956-(d) Meetings of the commission.
2957-(1) All meetings of the commission that are not closed pursuant to
2958-this subsection shall be open to the public. Notice of public meetings
2959-shall be posted on the commission's website at least 30 days prior to the
2960-public meeting.
2961-(2) Notwithstanding subsection (d)(1), the commission may
2962-convene a public meeting by providing at least 24 hours' prior notice on
2963-the commission's website and any other means as provided in the
2964-commission's rules for any of the reasons it may dispense, with notice
2965-of proposed rulemaking under section 9(l).
2966-(3) The commission may convene in a closed, nonpublic meeting
2967-or nonpublic part of a public meeting to receive legal advice or to
2968-discuss:
2969-(A) Noncompliance of a participating state with its obligations
2970-under this compact;
2971-(B) the employment, compensation, discipline or other matters,
2972-practices or procedures related to specific employees or other matters
2973-related to the commission's internal personnel practices and procedures;
2974-(C) any current, threatened or reasonably anticipated litigation;
2975-(D) the negotiation of contracts for the purchase, lease or sale of
2976-goods, services or real estate;
2977-(E) the accusation of any individual of a crime or the formal
2978-censure any individual;
2979-(F) the disclosure of trade secrets or commercial or financial
2980-information that is privileged or confidential;
2981-(G) the disclosure of information of a personal nature, if
2982-disclosure would constitute a clearly unwarranted invasion of personal
2983-privacy; HOUSE BILL No. 2069—page 49
2984-(H) the disclosure of investigative records compiled for law
2985-enforcement purposes;
2986-(I) the disclosure of information related to any investigative
2987-reports prepared by or on behalf of or for use of the commission or
2988-other committee charged with the responsibility of investigation or
2989-determination of compliance issues pursuant to this compact;
2990-(J) legal advice; or
2991-(K) any matters specifically exempted from disclosure by federal
2992-or a participating state's statutes.
2993-(4) If a meeting, or portion of a meeting, is closed pursuant to
2994-subsection (d)(3), the chairperson of the meeting or the chairperson's
2995-designee shall certify that the meeting or portion of the meeting may be
2996-closed and shall reference each relevant exempting provision.
2997-(5) The commission shall keep minutes that fully and clearly
2998-describe all matters discussed in a meeting and shall provide a full and
2999-accurate summary of actions taken, including a description of the views
3000-expressed. All documents considered in connection with an action shall
3001-be identified in such minutes. All minutes and documents of a closed
3002-meeting shall remain under seal, subject to release by a majority vote of
3003-the commission or order of a court of competent jurisdiction.
3004-(e) Financing of the commission.
3005-(1) The commission shall pay, or provide for the payment of, the
3006-reasonable expenses of its establishment, organization and ongoing
3007-activities.
3008-(2) The commission may accept any and all appropriate revenue
3009-sources, donations and grants of money, equipment, supplies, materials
3010-and services.
3011-(3) The commission may levy on and collect an annual assessment
3012-from each participating state and may impose compact privilege fees on
3013-licensees of participating states to which a compact privilege is granted
3014-to cover the cost of the operations and activities of the commission and
3015-its staff. Such assessment shall be in a total amount sufficient to cover
3016-the commission's annual budget as approved by the commission each
3017-year for which revenue is not provided by other sources. The aggregate
3018-annual assessment amount levied on participating states shall be
3019-allocated based upon a formula to be determined by commission rule.
3020-Compact privileges and such compact privilege's associated fees shall
3021-be governed as follows:
3022-(A) A compact privilege expires when the licensee's qualifying
3023-license in the participating state from which the licensee applied for the
3024-compact privilege expires; and
3025-(B) if the licensee terminates the qualifying license through which
3026-the licensee applied for the compact privilege before its scheduled
3027-expiration and the licensee has a qualifying license in another
3028-participating state, the licensee shall inform the commission that it is
3029-changing to that participating state through which it applies for a
3030-compact privilege to that participating state and pay to the commission
3031-any compact privilege fee required by commission rule.
3032-(4) The commission shall not incur obligations of any kind prior to
3033-securing the funds adequate to meet such obligations, nor shall the
3034-commission pledge the credit of any of the participating states, except
3035-by and with the authority of the participating state.
3036-(5) The commission shall keep accurate accounts of all receipts
3037-and disbursements. The receipts and disbursements of the commission
3038-shall be subject to the financial review and accounting procedures
3039-established under its bylaws. All receipts and disbursements of funds
3040-handled by the commission shall be subject to an annual financial
3041-review by a certified or licensed public accountant, and the report of
3042-the financial review shall be included in and become part of the annual
3043-report of the commission.
3044-(f) The executive committee.
3045-(1) The executive committee shall have to power to act on behalf
3046-of the commission according to the terms of this compact and
3047-commission rules. HOUSE BILL No. 2069—page 50
3048-(2) The executive committee shall be composed of nine members
3049-described as follows:
3050-(A) Seven voting members who are elected by the commission
3051-from the current membership of the commission;
3052-(B) (i) (a) one ex officio, nonvoting member from a recognized
3053-national PA professional association; and
3054-(b) one ex officio, nonvoting member from a recognized national
3055-PA certification organization.
3056-(ii) The ex officio members shall be selected by their respective
3057-organizations.
3058-(3) The commission may remove any member of the executive
3059-committee as provided in its bylaws.
3060-(4) The executive committee shall meet at least annually.
3061-(5) The executive committee shall have the following duties and
3062-responsibilities:
3063-(A) Recommend to the commission changes to the commission's
3064-rules or bylaws, changes to this compact legislation, fees to be paid by
3065-compact-participating states such as annual dues and any commission
3066-compact fee charged to licensees for the compact privilege;
3067-(B) ensure that compact administration services are appropriately
3068-provided, whether contractual or otherwise;
3069-(C) prepare and recommend the budget;
3070-(D) maintain financial records on behalf of the commission;
3071-(E) monitor compact compliance of participating states and
3072-provide compliance reports to the commission;
3073-(F) establish additional committees as necessary;
3074-(G) exercise the powers and duties of the commission during the
3075-interim between commission meetings, except for issuing proposed
3076-rulemaking or adopting commission rules or bylaws or exercising any
3077-other powers and duties exclusively reserved to the commission by the
3078-commission's rules; and
3079-(H) perform other duties as provided in the commission's rules or
3080-bylaws.
3081-(6) All meetings of the executive committee at which it votes or
3082-plans to vote on matters in exercising the powers and duties of the
3083-commission shall be open to the public and public notice of such
3084-meetings shall be given as public meetings of the commission are
3085-given.
3086-(7) The executive committee may convene in a closed, nonpublic
3087-meeting for the same reasons that the commission may convene in a
3088-nonpublic meeting as set forth in subsection (d)(3), and shall announce
3089-the closed meeting as the commission is required to do under
3090-subsection (d)(4) and keep minutes of the closed meeting as the
3091-commission is required to do under subsection (d)(5).
3092-(g) Qualified immunity, defense and indemnification.
3093-(1) The members, officers, executive director, employees and
3094-representatives of the commission shall be immune from suit and
3095-liability, both personally and in their official capacity, for any claim for
3096-damage to or loss of property or personal injury or other civil liability
3097-caused by or arising out of any actual or alleged act, error or omission
3098-that occurred or that the individual against whom the claim is made had
3099-a reasonable basis for believing occurred within the scope of
3100-commission employment, duties or responsibilities. Nothing in this
3101-paragraph shall be construed to protect any such individual from suit or
3102-liability for any damage, loss, injury or liability caused by the
3103-intentional or willful or wanton misconduct of such individual. The
3104-procurement of insurance of any type by the commission shall not in
3105-any way compromise or limit the immunity granted hereunder.
3106-(2) The commission shall defend any member, officer, executive
3107-director, employee, and representative of the commission in any civil
3108-action seeking to impose liability arising out of any actual or alleged
3109-act, error or omission that occurred within the scope of commission
3110-employment, duties or responsibilities or as determined by the
3111-commission that the individual against whom the claim is made had a HOUSE BILL No. 2069—page 51
3112-reasonable basis for believing occurred within the scope of commission
3113-employment, duties or responsibilities. Nothing herein shall be
3114-construed to prohibit such individual from retaining such individual's
3115-own counsel at the individual's own expense or that the actual or
3116-alleged act, error or omission did not result from the individual's
3117-intentional, willful or wanton misconduct.
3118-(3) The commission shall indemnify and hold harmless any
3119-member, officer, executive director, employee or representative of the
3120-commission for the amount of any settlement or judgment obtained
3121-against that individual arising out of any actual or alleged act, error or
3122-omission that occurred within the scope of commission employment,
3123-duties or responsibilities or that such individual had a reasonable basis
3124-for believing occurred within the scope of commission employment,
3125-duties or responsibilities, if the actual or alleged act, error or omission
3126-did not result from the intentional or willful or wanton misconduct of
3127-that individual.
3128-(4) Venue is proper and judicial proceedings by or against the
3129-commission shall be brought solely and exclusively in a court of
3130-competent jurisdiction where the principal office of the commission is
3131-located. The commission may waive venue and jurisdictional defenses
3132-in any proceedings as authorized by commission rules.
3133-(5) Nothing in this compact shall be construed as a limitation on
3134-the liability of any licensee for professional malpractice or misconduct,
3135-which shall be governed solely by any other applicable state laws.
3136-(6) Nothing in this compact shall be construed to designate the
3137-venue or jurisdiction to bring actions for alleged acts of malpractice,
3138-professional misconduct, negligence or other such civil action
3139-pertaining to the practice of a PA. All such matters shall be determined
3140-exclusively by state law other than this compact.
3141-(7) Nothing in this compact shall be interpreted to waive or
3142-otherwise abrogate a participating state's state action immunity or state
3143-action affirmative defense with respect to antitrust claims under the
3144-Sherman act, Clayton act or any other state or federal antitrust or
3145-anticompetitive law or regulation.
3146-(8) Nothing in this compact shall be construed to be a waiver of
3147-sovereign immunity by the participating states or by the commission.
3148-SECTION 8—DATA SYSTEM
3149-(a) The commission shall provide for the development,
3150-maintenance, operation and utilization of a coordinated data and
3151-reporting system containing licensure, adverse action and the reporting
3152-of the existence of significant investigative information on all licensed
3153-PAs and applicants that are denied a license in participating states.
3154-(b) Notwithstanding any other state law to the contrary, a
3155-participating state shall submit a uniform data set to the data system on
3156-all PAs to whom this compact is applicable, utilizing a unique
3157-identifier, as required by the rules of the commission, including:
3158-(1) Identifying information;
3159-(2) licensure data;
3160-(3) adverse actions against a license or compact privilege;
3161-(4) any denial of application for licensure and the reason for such
3162-denial, excluding the reporting of any criminal history record
3163-information where such reporting is prohibited by law;
3164-(5) the existence of significant investigative information; and
3165-(6) other information that may facilitate the administration of this
3166-compact, as determined by the rules of the commission.
3167-(c) Significant investigative information pertaining to a licensee in
3168-any participating state shall only be available to other participating
3169-states.
3170-(d) The commission shall promptly notify all participating states
3171-of any adverse action taken against a licensee or an individual applying
3172-for a license that has been reported to such commission. Such adverse
3173-action information shall be available to any other participating state. HOUSE BILL No. 2069—page 52
3174-(e) Participating states contributing information to the data system
3175-may, in accordance with state or federal law, designate information that
3176-shall not be shared with the public without the express permission of
3177-the contributing state. Notwithstanding any such designation, such
3178-information shall be reported to the commission through the data
3179-system.
3180-(f) Any information submitted to the data system that is
3181-subsequently expunged pursuant to federal law or the laws of the
3182-participating state contributing the information shall be removed from
3183-the data system upon reporting of such by the participating state to the
3184-commission.
3185-(g) The records and information provided to a participating state
3186-pursuant to this compact or through the data system, when certified by
3187-the commission or an agent thereof, shall constitute the authenticated
3188-business records of the commission and shall be entitled to any
3189-associated hearsay exception in any relevant judicial, quasi-judicial or
3190-administrative proceedings in a participating state.
3191-SECTION 9—RULEMAKING
3192-(a) The commission shall exercise its rulemaking powers pursuant
3193-to the criteria set forth in this section and the rules adopted thereunder.
3194-Commission rules shall become binding as of the date specified by the
3195-commission for each rule.
3196-(b) The commission shall adopt reasonable rules in order to
3197-effectively and efficiently implement and administer this compact and
3198-achieve its purposes. A commission rule shall be invalid and have no
3199-force or effect only if a court of competent jurisdiction holds that the
3200-rule is invalid because the commission exercised its rulemaking
3201-authority in a manner that is beyond the scope of the purposes of this
3202-compact, the powers granted hereunder or based upon another
3203-applicable standard of review.
3204-(c) The rules of the commission shall have the force of law in each
3205-participating state, except that where the rules of the commission
3206-conflict with the laws of the participating state that establish the
3207-medical services, a PA may perform in the participating state, as held
3208-by a court of competent jurisdiction, and the rules of the commission
3209-shall be ineffective in that state to the extent of the conflict.
3210-(d) If a majority of the legislatures of the participating states
3211-rejects a commission rule, by enactment of a statute or resolution in the
3212-same manner used to adopt this compact within four years of the date
3213-of adoption of the rule, then such rule shall have no further force and
3214-effect in any participating state or to any state applying to participate in
3215-the compact.
3216-(e) Commission rules shall be adopted at a regular or special
3217-meeting of the commission.
3218-(f) Prior to adoption of a final rule by the commission and at least
3219-30 days in advance of the meeting at which the rule will be considered
3220-and voted upon, the commission shall file a notice of proposed
3221-rulemaking:
3222-(1) On the commission's website or other publicly accessible
3223-platform;
3224-(2) to persons who have requested notice of the commission's
3225-notices of proposed rulemaking; and
3226-(3) in such other ways as the commission may specify by rule.
3227-(g) The notice of proposed rulemaking shall include:
3228-(1) The time, date and location of the public hearing on the
3229-proposed rule and the proposed time, date and location of the meeting
3230-in which the proposed rule will be considered and voted upon;
3231-(2) the text of and the reason for the proposed rule;
3232-(3) a request for comments on the proposed rule from any
3233-interested person and the date by which written comments must be
3234-received; and
3235-(4) the manner in which interested persons may submit notice to HOUSE BILL No. 2069—page 53
3236-the commission of their intention to attend the public hearing or
3237-provide any written comments.
3238-(h) Prior to adoption of a proposed rule, the commission shall
3239-allow persons to submit written data, facts, opinions and arguments,
3240-which shall be made available to the public.
3241-(i) If the hearing is to be held via electronic means, the
3242-commission shall publish the mechanism for access to the electronic
3243-hearing.
3244-(1) All persons wishing to be heard at the hearing shall, as directed
3245-in the notice of proposed rulemaking published not less than five
3246-business days before the scheduled date of the hearing, notify the
3247-commission of their desire to appear and testify at the hearing.
3248-(2) Hearings shall be conducted in a manner that provides each
3249-person who wishes to comment a fair and reasonable opportunity to
3250-comment orally or in writing.
3251-(3) All hearings shall be recorded. A copy of the recording and the
3252-written comments, data, facts, opinions and arguments received in
3253-response to the proposed rulemaking shall be made available to a
3254-person upon request.
3255-(4) Nothing in this section shall be construed as requiring a
3256-separate hearing on each proposed rule. Proposed rules may be grouped
3257-for the convenience of the commission at hearings required by this
3258-section.
3259-(j) Following the public hearing, the commission shall consider all
3260-written and oral comments timely received.
3261-(k) The commission shall, by majority vote of all delegates, take
3262-final action on the proposed rule and shall determine the effective date
3263-of the rule, if adopted, based on the rulemaking record and the full text
3264-of the rule.
3265-(1) If adopted, the rule shall be posted on the commission's
3266-website.
3267-(2) The commission may adopt changes to the proposed rule if the
3268-changes do not expand the original purpose of the proposed rule.
3269-(3) The commission shall provide an explanation on its website of
3270-the reasons for any substantive changes made to the proposed rule as
3271-well as reasons for any substantive changes not made that were
3272-recommended by commenters.
3273-(4) The commission shall determine a reasonable effective date for
3274-the rule. Except for an emergency as provided in subsection (l), the
3275-effective date of the rule shall be not sooner than 30 days after the
3276-commission issued the notice that it adopted the rule.
3277-(l) Upon the determination that an emergency exists, the
3278-commission may consider and adopt an emergency rule with 24 hours'
3279-prior notice, without the opportunity for comment or hearing, expect
3280-that the usual rulemaking procedures provided in this compact and in
3281-this section shall be retroactively applied to the rule as soon as
3282-reasonably possible but in no event later than 90 days after the effective
3283-date of the rule. For the purposes of this provision, an emergency rule is
3284-one that shall be adopted immediately by the commission in order to:
3285-(1) Address an imminent threat to public health, safety or welfare;
3286-(2) prevent a loss of commission or participating state funds;
3287-(3) meet a deadline for the adoption of a commission rule that is
3288-established by federal law or rule; or
3289-(4) protect public health and safety.
3290-(m) The commission, or an authorized committee of the
3291-commission, may direct revisions to a previously adopted commission
3292-rule for purposes of correcting typographical errors, errors in format,
3293-errors in consistency or grammatical errors. Public notice of any
3294-revisions shall be posted on the commission's website. The revision
3295-shall be subject to challenge by any person for a period of 30 days after
3296-posting. The revision may be challenged only on grounds that the
3297-revision results in a material change to a rule. A challenge shall be
3298-made as set forth in the notice of revisions and delivered to the
3299-commission prior to the end of the notice period. If no challenge is HOUSE BILL No. 2069—page 54
3300-made, the revision shall take effect without further action. If the
3301-revision is challenged, the revision shall not take effect without the
3302-approval of the commission.
3303-(n) No participating state's rulemaking requirements shall apply
3304-under this compact.
3305-SECTION 10—OVERSIGHT, DISPUTE RESOLUTION
3306-AND ENFORCEMENT
3307-(a) Oversight.
3308-(1) The executive and judicial branches of state government in
3309-each participating state shall enforce this compact and take all actions
3310-necessary and appropriate to implement the compact.
3311-(2) Venue is proper and judicial proceedings by or against the
3312-commission shall be brought solely and exclusively in a court of
3313-competent jurisdiction where the principal office of the commission is
3314-located. The commission may waive venue and jurisdictional defenses
3315-to the extent that it adopts or consents to participate in alternative
3316-dispute resolution proceedings. Nothing herein shall affect or limit the
3317-selection or propriety of venue in any action against a licensee for
3318-professional malpractice, misconduct or any such similar matter.
3319-(3) The commission shall be entitled to receive service of process
3320-in any proceeding regarding the enforcement or interpretation of the
3321-compact or the commission's rules and shall have standing to intervene
3322-in such a proceeding for all purposes. Failure to provide the
3323-commission with service of process shall render a judgment or order in
3324-such proceeding void as to the commission, this compact or
3325-commission rules.
3326-(b) Default, technical assistance and termination.
3327-(1) If the commission determines that a participating state has
3328-defaulted in the performance of its obligations or responsibilities under
3329-this compact or the commission rules, the commission shall provide
3330-written notice to the defaulting state and other participating states. The
3331-notice shall describe the default, the proposed means of curing the
3332-default and any other action that the commission may take and shall
3333-offer remedial training and specific technical assistance regarding the
3334-default.
3335-(2) If a state in default fails to cure the default, the defaulting state
3336-may be terminated from this compact upon an affirmative vote of a
3337-majority of the delegates of the participating states, and all rights,
3338-privileges and benefits conferred by this compact upon such state may
3339-be terminated on the effective date of termination. A cure of the default
3340-shall not relieve the offending state of obligations or liabilities incurred
3341-during the period of default.
3342-(3) Termination of participation in this compact shall be imposed
3343-only after all other means of securing compliance have been exhausted.
3344-Notice of intent to suspend or terminate shall be given by the
3345-commission to the governor, the majority and minority leaders of the
3346-defaulting state's legislature and to the licensing board of each of the
3347-participating states.
3348-(4) A state that has been terminated is responsible for all
3349-assessments, obligations and liabilities incurred through the effective
3350-date of termination, including obligations that extend beyond the
3351-effective date of termination.
3352-(5) The commission shall not bear any costs related to a state that
3353-is found to be in default or that has been terminated from this compact,
3354-unless agreed upon in writing between the commission and the
3355-defaulting state.
3356-(6) The defaulting state may appeal its termination from the
3357-compact by the commission by petitioning the United States district
3358-court for the District of Columbia or the federal district where the
3359-commission has its principal offices. The prevailing member shall be
3360-awarded all costs of such litigation, including reasonable attorney fees.
3361-(7) Upon the termination of a state's participation in the compact, HOUSE BILL No. 2069—page 55
3362-the state shall immediately provide notice to all licensees within that
3363-state of such termination:
3364-(A) Licensees who have been granted a compact privilege in that
3365-state shall retain the compact privilege for 180 days following the
3366-effective date of such termination; and
3367-(B) licensees who are licensed in that state who have been granted
3368-a compact privilege in a participating state shall retain the compact
3369-privilege for 180 days unless the licensee also has a qualifying license
3370-in a participating state or obtains a qualifying license in a participating
3371-state before the 180-day period ends, in which case, the compact
3372-privilege shall continue.
3373-(c) Dispute resolution.
3374-(1) Upon request by a participating state, the commission shall
3375-attempt to resolve disputes related to this compact that arise among
3376-participating states and between participating and nonparticipating
3377-states.
3378-(2) The commission shall adopt a rule providing for both
3379-mediation and binding dispute resolution for disputes as appropriate.
3380-(d) Enforcement.
3381-(1) The commission, in the reasonable exercise of its discretion,
3382-shall enforce the provisions of this compact and rules of the
3383-commission.
3384-(2) If compliance is not secured after all means to secure
3385-compliance have been exhausted, by majority vote, the commission
3386-may initiate legal action in the United States district court for the
3387-District of Columbia or the federal district where the commission has
3388-its principal offices against a participating state in default to enforce
3389-compliance with the provisions of this compact and the commission's
3390-adopted rules and bylaws. The relief sought may include both
3391-injunctive relief and damages. In the event that judicial enforcement is
3392-necessary, the prevailing party shall be awarded all costs of such
3393-litigation, including reasonable attorney fees.
3394-(3) The remedies herein shall not be the exclusive remedies of the
3395-commission. The commission may pursue any other remedies available
3396-under federal or state law.
3397-(e) Legal action against the commission.
3398-(1) A participating state may initiate legal action against the
3399-commission in the United States district court for the District of
3400-Columbia or the federal district where the commission has its principal
3401-offices to enforce compliance with the provisions of the compact and
3402-its rules. The relief sought may include both injunctive relief and
3403-damages. In the event that judicial enforcement is necessary, the
3404-prevailing party shall be awarded all costs of such litigation, including
3405-reasonable attorney fees.
3406-(2) No person other than a participating state shall enforce this
3407-compact against the commission.
3408-SECTION 11—DATE OF IMPLEMENTATION OF
3409-THE PA LICENSURE COMPACT COMMISSION
3410-(a) This compact shall come into effect on the date that this
3411-compact statute is enacted into law in the seventh participating state.
3412-(1) On or after the effective date of the compact, the commission
3413-shall convene and review the enactment of each of the states that
3414-enacted the compact prior to the commission convening, called charter-
3415-participating states, to determine if the statute enacted by each such
3416-charter-participating state is materially different than the model
3417-compact.
3418-(A) A charter-participating state whose enactment is found to be
3419-materially different from the model compact shall be entitled to the
3420-default process set forth in section 10(b).
3421-(B) If any participating state later withdraws from the compact or
3422-its participation is terminated, the commission shall remain in existence
3423-and the compact shall remain in effect even if the number of HOUSE BILL No. 2069—page 56
3424-participating states should be fewer than seven. Participating states
3425-enacting the compact subsequent to the commission convening shall be
3426-subject to the process set forth in section 7(c)(21) to determine if their
3427-enactments are materially different from the model compact and
3428-whether they qualify for participation in the compact.
3429-(2) Participating states enacting the compact subsequent to the
3430-seven initial charter-participating states shall be subject to the process
3431-set forth in section 7(c)(21) to determine if their enactments are
3432-materially different from the model compact and whether they qualify
3433-for participation in the compact.
3434-(3) All actions taken for the benefit of the commission or in
3435-furtherance of the purposes of the administration of the compact prior
3436-to the effective date of the compact or the commission coming into
3437-existence shall be considered to be actions of the commission unless
3438-specifically repudiated by the commission.
3439-(b) Any state that joins this compact shall be subject to the
3440-commission's rules and bylaws as they exist on the date that this
3441-compact becomes law in that state. Any rule that has been previously
3442-adopted by the commission shall have the full force and effect of law
3443-on the day that this compact becomes law in that state.
3444-(c) Any participating state may withdraw from this compact by
3445-enacting a statute repealing the same.
3446-(1) A participating state's withdrawal shall not take effect until 180
3447-days after enactment of the repealing statute. During the 180-day
3448-period, all compact privileges that were in effect in the withdrawing
3449-state and were granted to licensees licensed in the withdrawing state
3450-shall remain in effect. If any licensee licensed in the withdrawing state
3451-is also licensed in another participating state or obtains a license in
3452-another participating state within the 180 days, the licensee's compact
3453-privileges in other participating states shall not be affected by the
3454-passage of the 180 days.
3455-(2) Withdrawal shall not affect the continuing requirement of the
3456-state licensing board of the withdrawing state to comply with the
3457-investigative and adverse action reporting requirements of this compact
3458-prior to the effective date of withdrawal.
3459-(3) Upon the enactment of a statute withdrawing a state from this
3460-compact, the state shall immediately provide notice of such withdrawal
3461-to all licensees within that state. Such withdrawing state shall continue
3462-to recognize all licenses granted pursuant to this compact for a
3463-minimum of 180 days after the date of such notice of withdrawal.
3464-(d) Nothing contained in this compact shall be construed to
3465-invalidate or prevent any PA licensure agreement or other cooperative
3466-arrangement between participating states and between a participating
3467-state and nonparticipating state that does not conflict with the
3468-provisions of this compact.
3469-(e) This compact may be amended by the participating states. No
3470-amendment to this compact shall become effective and binding upon
3471-any participating state until it is enacted materially in the same manner
3472-into the laws of all participating states as determined by the
3473-commission.
3474-SECTION 12—CONSTRUCTION AND SEVERABILITY
3475-(a) This compact and the commission's rulemaking authority shall
3476-be liberally construed so as to effectuate the purposes and the
3477-implementation and administration of the compact. Provisions of the
3478-compact expressly authorizing or requiring the adoption of rules shall
3479-not be construed to limit the commission's rulemaking authority solely
3480-for those purposes.
3481-(b) The provisions of this compact shall be severable, and if any
3482-phrase, clause, sentence or provision of this compact is held by a court
3483-of competent jurisdiction to be contrary to the constitution of any
3484-participating state, a state seeking participation in the compact or of the
3485-United States, or the applicability thereof to any government, agency, HOUSE BILL No. 2069—page 57
3486-person or circumstance is held to be unconstitutional by a court of
3487-competent jurisdiction, the validity of the remainder of this compact
3488-and the applicability thereof to any other government, agency, person
3489-or circumstance shall not be affected thereby.
3490-(c) Notwithstanding the provisions of this subsection or subsection
3491-(b), the commission may deny a state's participation in the compact or,
3492-in accordance with the requirements of section 10(b), terminate a
3493-participating state's participation in the compact, if it determines that a
3494-constitutional requirement of a participating state is, or would be with
3495-respect to a state seeking to participate in the compact, a material
3496-departure from the compact. Otherwise, if this compact shall be held to
3497-be contrary to the constitution of any participating state, the compact
3498-shall remain in full force and effect as to the remaining participating
3499-states and in full force and effect as to the participating state affected as
3500-to all severable matters.
3501-SECTION 13—BINDING EFFECT OF COMPACT
3502-(a) Nothing herein prevents the enforcement of any other law of a
3503-participating state that is not inconsistent with this compact.
3504-(b) Any laws in a participating state in conflict with this compact
3505-are superseded to the extent of the conflict.
3506-(c) All agreements between the commission and the participating
3507-states are binding in accordance with their terms.
3508-Sec. 5. This act shall take effect and be in force from and after its
1382+Sec. 2. This act shall take effect and be in force from and after its
35091383 publication in the statute book.
3510-I hereby certify that the above BILL originated in the HOUSE, and was
3511-adopted by that body
3512-
3513-HOUSE adopted
3514-Conference Committee Report
3515-
3516-Speaker of the House.
3517-
3518-Chief Clerk of the House.
3519-Passed the SENATE
3520- as amended
3521-SENATE adopted
3522-Conference Committee Report
3523-
3524-President of the Senate.
3525-
3526-Secretary of the Senate.
3527-APPROVED
3528-
3529-
3530-Governor.
1384+1
1385+2
1386+3
1387+4
1388+5
1389+6
1390+7
1391+8
1392+9
1393+10
1394+11
1395+12
1396+13
1397+14
1398+15
1399+16
1400+17
1401+18
1402+19