HOUSE BILL No. 2069
AN ACT concerning public health licensure compacts; relating to school psychologists;
enacting the school psychologist compact to provide interstate practice privileges;
relating to dieticians; enacting the dietician compact to provide interstate practice
privileges; relating to the practice of cosmetology; enacting the cosmetology
licensure compact; relating to physician assistants; enacting the physician assistant
licensure compact to provide interstate practice privileges.
Be it enacted by the Legislature of the State of Kansas:
Section 1. This section shall be known and may be cited as the
school psychologist compact.
SECTION 1—PURPOSE
The purpose of this compact is to facilitate the interstate practice of
school psychology in educational or school settings and in so doing to
improve the availability of school psychological services to the public.
This compact is intended to establish a pathway to allow school
psychologists to obtain equivalent licenses to provide school
psychological services in any member state. In this way, this compact
shall enable the member states to ensure that safe and effective school
psychological services are available and delivered by appropriately
qualified professionals in their educational settings.
To facilitate the objectives described above, this compact:
(a) Enables school psychologists who qualify for receipt of an
equivalent license to practice in other member states without first
satisfying burdensome and duplicative requirements;
(b) promotes the mobility of school psychologists between and
among the member states in order to address workforce shortages and
to ensure that safe and reliable school psychological services are
available in each member state;
(c) enhances the public accessibility of school psychological
services by increasing the availability of qualified, licensed school
psychologists through the establishment of an efficient and streamlined
pathway for licensees to practice in other member states;
(d) preserves and respects the authority of each member state to
protect the health and safety of its residents by ensuring that only
qualified, licensed professionals are authorized to provide school
psychological services within that state;
(e) requires school psychologists practicing within a member state
to comply with the scope of practice laws present in the state where the
school psychological services are being provided;
(f) promotes cooperation between the member states in regulating
the practice of school psychology within those states; and
(g) facilitates the relocation of military members and their spouses
who are licensed to provide school psychological services.
SECTION 2—DEFINITIONS
As used in this compact:
(a) "Active military member" means any person with full-time
duty status in the armed forces of the United States, including members
of the national guard and reserve.
(b) "Adverse action" means disciplinary action or encumbrance
imposed on a license by a state licensing authority.
(c) "Alternative program" means a non-disciplinary, prosecutorial
diversion, monitoring or practice remediation process entered into in
lieu of an adverse action that is applicable to a school psychologist and
approved by the state licensing authority of a member state where the
participating school psychologist is licensed. This includes, but is not
limited to, programs that licensees with substance abuse or addiction
issues may be referred in lieu of an adverse action. HOUSE BILL No. 2069—page 2
(d) "Commissioner" means the individual appointed by a member
state to serve as the representative to the commission for that member
state.
(e) "Compact" means this school psychologist interstate licensure
compact.
(f) "Continuing professional education" means a requirement,
imposed by a member state as a condition of license renewal to provide
evidence of successful participation in professional educational
activities relevant to the provision of school psychological services.
(g) "Criminal background check" means the submission of
fingerprints or other biometric information for a license applicant for
the purpose of obtaining that applicant's criminal history record
information, as defined in 28 C.F.R. § 20.3(d), and the state's criminal
history record repository, as defined in 28 C.F.R. § 20.3(f).
(h) "Doctoral level degree" means a graduate degree program that
consists of at least 90 graduate semester hours in the field of school
psychology, including a supervised internship.
(i) "Encumbered license" means a license that a state licensing
authority has limited in any way other than through an alternative
program, including temporary or provisional licenses.
(j) "Executive Committee" means the commission's chair, vice
chair, secretary and treasurer and any other commissioners as may be
determined by commission rule or bylaw.
(k) "Equivalent license" means a license to practice school
psychology that a member state has identified as a license that may be
provided to school psychologists from other member states pursuant to
this compact.
(l) "Home state" means the member state that issued the home
state license to the licensee and is the licensee's primary state of
practice.
(m) "Home state license" means the license that is not an
encumbered license issued by the home state to provide school
psychological services.
(n) "License" means a current license, certification or other
authorization granted by a member state's licensing authority that
permits an individual to provide school psychological services.
(o) "Licensee" means an individual who holds a license from a
member state to provide school psychological services.
(p) "Member state" means a state that has enacted the compact and
been admitted to the commission in accordance with the provisions
herein and commission rules.
(q) "Model compact" means the model language for the school
psychologist interstate licensure compact on file with the council of
state governments or other entity as designated by the commission.
(r) "Practice of school psychology" means the delivery school
psychological services.
(s) "Qualifying national exam" means a national licensing
examination endorsed by the national association of school
psychologists and any other exam as approved by the rules of the
commission.
(t) "Qualifying school psychologist education program" means an
education program that awards a specialist-level degree or doctoral-
level degree or equivalent upon completion and is approved by the
rules of the commission as meeting the necessary minimum educational
standards to ensure that its graduates are ready, qualified and able to
engage in the practice of school psychology.
(u) "Remote state" means a member state other than the home
state where a licensee holds a license through the compact.
(v) "Rule" means a regulation promulgated by an entity, including,
but not limited to, the commission and the state licensing authority of
each member state that has the force of law.
(w) "School psychological services" means academic, mental and
behavioral health services, including assessment, prevention,
consultation and collaboration, intervention and evaluation provided by HOUSE BILL No. 2069—page 3
a school psychologist in a school, as outlined in applicable professional
standards as determined by commission rule.
(x) "School psychologist" means an individual who has met the
requirements to obtain a home state license that legally conveys the
professional title of school psychologist or its equivalent as determined
by the rules of the commission.
(y) "School psychologist interstate licensure compact
commission" or "commission" means the joint government agency
established by this compact whose membership consists of
representatives from each member state that has enacted the compact,
and as further described in section 7.
(z) "Scope of practice" means the procedures, actions and
processes a school psychologist licensed in a state is permitted to
undertake in that state and the circumstances under which that licensee
is permitted to undertake those procedures, actions and processes. Such
procedures, actions and processes, and the circumstances under which
they may be undertaken, may be established through means including,
but not limited to, statute, regulations, case law and other processes
available to the state licensing authority or other government agency.
(aa) "Specialist-level degree" means a degree program that
requires at least 60 graduate semester hours or equivalent in the field of
school psychology, including a supervised internship.
(bb) "State" means any state, commonwealth, district or territory
of the United States of America.
(cc) "State licensing authority" means a member state's regulatory
body responsible for issuing licenses or otherwise overseeing the
practice of school psychology.
(dd) "State specific requirement" means a requirement for
licensure covered in coursework or examination that includes content
of unique interest to the state.
(ee) "Unencumbered license" means a license that authorizes a
licensee to engage in the full and unrestricted practice of school
psychology.
SECTION 3—STATE PARTICPATION IN THE COMPACT
(a) To be eligible to join this compact and to maintain eligibility as
a member state, a state must:
(1) Enact a compact statute that is not materially different from the
model compact as defined in the commission's rules;
(2) participate in the sharing of information with other member
states as reasonably necessary to accomplish the objectives of this
compact and as further defined in section 8;
(3) identify and maintain with the commission a list of equivalent
licenses available to licensees who hold a home state license under this
compact;
(4) have a mechanism in place for receiving and investigating
complaints about licensees;
(5) notify the commission, in compliance with the terms of the
compact and the commission's rules, of any adverse action taken
against a licensee or of the availability of investigative information that
relates to a licensee or applicant for licensure;
(6) require that applicants for a home state license have:
(A) Taken and passed a qualifying national exam as defined by the
rules of the commission; and
(B) completed a minimum of 1200 hours of supervised internship
and at least 600 of such hours must have been completed in a school
prior to being approved for licensure; and
(C) graduated from a qualifying school psychologist education
program; and
(7) comply with the terms of this compact and the rules of the
commission.
(b) Each member state shall grant an equivalent license to practice
school psychology in that state upon application by a licensee who HOUSE BILL No. 2069—page 4
satisfies the criteria of section 4(a). Each member state shall grant
renewal of the equivalent license to a licensee who satisfies the criteria
of section 4(b).
(c) Member states may set and collect a fee for granting an
equivalent license.
SECTION 4—SCHOOL PSYCHOLOGIST PARTICIPATION IN THE
COMPACT
(a) To obtain and maintain an equivalent license from a remote
state under this compact, a licensee must:
(1) Hold and maintain an active home state license;
(2) satisfy any applicable state specific requirements established
by the member state after an equivalent license is granted;
(3) complete any administrative or application requirements that
the commission may establish by rule and pay any associated fees;
(4) complete any requirements for renewal in the home state,
including applicable continuing professional education requirements;
and
(5) upon their application to receive a license under this compact,
undergo a criminal background check in the member state where the
equivalent license is sought in accordance with the laws and regulations
of such member state.
(b) To renew an equivalent license in a member state other than
the home state, a licensee must only apply for renewal, complete a
background check and pay renewal fees as determined by the licensing
authority.
SECTION 5—ACTIVE MILITARY MEMBERS OR THEIR
SPOUSES
A licensee who is an active military member or is the spouse of an
active military member shall be deemed to hold a home state license in
any of the following locations:
(a) The licensee's permanent residence;
(b) a member state that is the licensee's primary state of practice;
or
(c) a member state where the licensee has relocated pursuant to a
permanent change of station (PCS).
SECTION 6—DISCIPLINE AND ADVERSE ACTIONS
(a) Nothing in this compact shall be deemed or construed to limit
the authority of a member state to investigate or impose disciplinary
measures on licensees according to the state practice laws thereof.
(b) Member states shall be authorized to receive and shall provide,
files and information regarding the investigation and discipline, if any,
of licensees in other member states upon request. Any member state
receiving such information or files shall protect and maintain the
security and confidentiality of such information or files, in at least the
same manner that it maintains its own investigatory or disciplinary files
and information. Prior to disclosing any disciplinary or investigatory
information received from another member state, the disclosing state
shall communicate its intention and purpose for such disclosure to the
member state that originally provided that information.
SECTION 7—ESTABLISHMENT OF THE SCHOOL
PSYCHOLOGIST INTERSTATE LICENSURE COMPACT
COMMISSION
(a) The member states hereby create and establish a joint
government agency whose membership consists of all member states
that have enacted the compact, and this agency shall be known as the
school psychologist interstate licensure compact commission. The
commission is an instrumentality of the member states acting jointly
and not an instrumentality of any one state. The commission shall come HOUSE BILL No. 2069—page 5
into existence on or after the effective date of the compact as set forth
in section 11.
(b) Membership, voting and meetings.
(1) Each member state shall have and be limited to one delegate
selected by that member state's state licensing authority.
(2) The delegate shall be the primary administrative officer of the
member state licensing authority or their designee who is an employee
of the member state licensing authority.
(3) The commission shall by rule or bylaw establish a term of
office for delegates and may by rule or bylaw establish term limits.
(4) The commission may recommend removal or suspension of
any delegate from office.
(5) A member state's licensing authority shall fill any vacancy of
its delegate occurring on the commission within 60 days of the
vacancy.
(6) Each delegate shall be entitled to one vote on all matters
before the commission requiring a vote by commission delegates.
(7) A delegate shall vote in person or by such other means as
provided in the bylaws. The bylaws may provide for delegates to meet
by telecommunication, video conference or other means of
communication.
(8) The commission shall meet at least once during each calendar
year. Additional meetings may be held as set forth in the bylaws. The
commission may meet by telecommunication, video conference or
other similar electronic means.
(c) The commission shall have the following powers:
(1) Establish the fiscal year of the commission;
(2) establish code of conduct and conflict of interest policies;
(3) establish and amend rules and bylaws;
(4) establish the procedure through which a licensee may change
their home state;
(5) maintain its financial records in accordance with the bylaws;
(6) meet and take such actions as are consistent with the
provisions of this compact, the commission's rules and the bylaws;
(7) initiate and conclude legal proceedings or actions in the name
of the commission, provided that the standing of any member state
licensing authority to sue or be sued under applicable law shall not be
affected;
(8) maintain and certify records and information provided to a
member state as the authenticated business records of the commission
and designate an agent to do so on the commission's behalf;
(9) purchase and maintain insurance and bonds;
(10) borrow, accept or contract for services of personnel,
including, but not limited to, employees of a member state;
(11) conduct an annual financial review;
(12) hire employees, elect or appoint officers, fix compensation,
define duties, grant such individuals appropriate authority to carry out
the purposes of the compact and establish the commission's personnel
policies and programs relating to conflicts of interest, qualifications of
personnel and other related personnel matters;
(13) assess and collect fees;
(14) accept any and all appropriate gifts, donations, grants of
money, other sources of revenue, equipment, supplies, materials and
services, and receive, utilize and dispose of the same, provided that at
all times the commission shall avoid any appearance of impropriety or
conflict of interest;
(15) lease, purchase, retain, own, hold, improve or use any
property, real, personal or mixed or any undivided interest in such
property;
(16) sell, convey, mortgage, pledge, lease, exchange, abandon or
otherwise dispose of any property real, personal or mixed;
(17) establish a budget and make expenditures;
(18) borrow money;
(19) appoint committees, including standing committees, HOUSE BILL No. 2069—page 6
composed of members, state regulators, state legislators or their
representatives, and consumer representatives, and such other interested
persons as may be designated in this compact and the bylaws;
(20) provide and receive information from, and cooperate with,
law enforcement agencies;
(21) establish and elect an executive committee, including a chair
and a vice chair;
(22) determine whether a state's adopted language is materially
different from the model compact language such that the state would
not qualify for participation in the compact; and
(23) perform such other functions as may be necessary or
appropriate to achieve the purposes of this compact.
(d) The executive committee.
(1) The executive committee shall have the power to act on behalf
of the commission according to the terms of this compact. The powers,
duties and responsibilities of the executive committee shall include:
(A) Oversee the day-to-day activities of the administration of the
compact, including enforcement and compliance with the provisions of
the compact, its rules and bylaws and other such duties as deemed
necessary;
(B) recommend to the commission changes to the rules or bylaws,
changes to this compact legislation, fees charged to member states, fees
charged to licensees and other fees;
(C) ensure compact administration services are appropriately
provided, including by contract;
(D) prepare and recommend the budget;
(E) maintain financial records on behalf of the commission;
(F) monitor compact compliance of member states and provide
compliance reports to the commission;
(G) establish additional committees as necessary;
(H) exercise the powers and duties of the commission during the
interim between commission meetings, except for adopting or
amending rules, adopting or amending bylaws and exercising any other
powers and duties expressly reserved to the commission by rule or
bylaw; and
(I) other duties as provided in the rules or bylaws of the
commission.
(2) The executive committee shall be composed of up to seven
members:
(A) The chair and vice chair of the commission shall be voting
members of the executive committee; and
(B) The commission shall elect five voting members from the
current membership of the commission.
(2) The commission may remove any member of the executive
committee as provided in the commission's bylaws.
(3) The executive committee shall meet at least annually.
(A) Executive committee meetings shall be open to the public,
except that the executive committee may meet in a closed, nonpublic
meeting as provided in subsection (f)(2).
(B) The executive committee shall give 30 days' notice of its
meetings, posted on its website and as determined to provide notice to
persons with an interest in the business of the commission.
(C) The executive committee may hold a special meeting in
accordance with subsection (f)(1)(B).
(e) The commission shall adopt and provide to the member states
an annual report.
(f) Meetings of the commission.
(1) All meetings shall be open to the public, except that the
commission may meet in a closed, nonpublic meeting as provided in
subsection (f)(2).
(A) Public notice for all meetings of the full commission of
meetings shall be given in the same manner as required under the
rulemaking provisions in section 9, except that the commission may
hold a special meeting as provided in subsection (f)(1)(B). HOUSE BILL No. 2069—page 7
(B) The commission may hold a special meeting when it must
meet to conduct emergency business by giving 48 hours' notice to all
commissioners, on the commission's website, and other means as
provided in the commission's rules. The commission's legal counsel
shall certify that the commission's need to meet qualifies as an
emergency.
(2) The commission or the executive committee or other
committees of the commission may convene in a closed, nonpublic
meeting for the commission or executive committee or other
committees of the commission to receive legal advice or to discuss:
(A) Noncompliance of a member state with its obligations under
the compact;
(B) the employment, compensation, discipline or other matters,
practices or procedures related to specific employees;
(C) current or threatened discipline of a licensee by the
commission or by a member state's licensing authority;
(D) current, threatened or reasonably anticipated litigation;
(E) negotiation of contracts for the purchase, lease or sale of
goods, services or real estate;
(F) accusing any person of a crime or formally censuring any
person;
(G) trade secrets or commercial or financial information that is
privileged or confidential;
(H) information of a personal nature when disclosure would
constitute a clearly unwarranted invasion of personal privacy;
(I) investigative records compiled for law enforcement purposes;
(J) information related to any investigative reports prepared by or
on behalf of or for use of the commission or other committee charged
with responsibility of investigation or determination of compliance
issues pursuant to the compact;
(K) matters specifically exempted from disclosure by federal or
member state law; or
(L) other matters as promulgated by the commission by rule.
(3) If a meeting, or portion of a meeting, is closed, the presiding
officer shall state that the meeting will be closed and reference each
relevant exempting provision, and such reference shall be recorded in
the minutes.
(4) The commission shall keep minutes that fully and clearly
describe all matters discussed in a meeting and shall provide a full and
accurate summary of actions taken and the reasons for such actions,
including a description of the views expressed. All documents
considered in connection with an action shall be identified in such
minutes. All minutes and documents of a closed meeting shall remain
under seal, subject to release only by a majority vote of the commission
or order of a court of competent jurisdiction.
(g) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization and ongoing
activities.
(2) The commission may accept any and all appropriate revenue
sources as provided in subsection (c)(12).
(3) The commission may levy on and collect an annual assessment
from each member state and impose fees on licensees practicing in the
member states under an equivalent license to cover the cost of the
operations and activities of the commission and its staff, that must be in
a total amount sufficient to cover its annual budget as approved each
year when revenue is not provided by other sources. The aggregate
annual assessment amount for member states shall be allocated based
upon a formula that the commission shall promulgate by rule.
(4) The commission shall not incur obligations of any kind prior to
securing the funds adequate to meet the same, nor shall the commission
pledge the credit of any of the member states, except by and with the
authority of the member state.
(5) The commission shall keep accurate accounts of all receipts HOUSE BILL No. 2069—page 8
and disbursements. The receipts and disbursements of the commission
shall be subject to the financial review and accounting procedures
established under its bylaws. However, all receipts and disbursements
of funds handled by the commission shall be subject to an annual
financial review by a certified or licensed public accountant, and the
report of the financial review shall be included in and become part of
the annual report of the commission.
(h) Qualified immunity, defense and indemnification.
(1) The members, officers, executive director, employees and
representatives of the commission shall be immune from suit and
liability, both personally and in their official capacity, for any claim for
damage to or loss of property or personal injury or other civil liability
caused by or arising out of any actual or alleged act, error or omission
that occurred, or that the person against whom the claim is made had a
reasonable basis for believing occurred within the scope of commission
employment, duties or responsibilities. Nothing in this paragraph shall
be construed to protect any such person from suit or liability for any
damage, loss, injury or liability caused by the intentional or willful or
wanton misconduct of that person. The procurement of insurance of
any type by the commission shall not in any way compromise or limit
the immunity granted in this paragraph.
(2) The commission shall defend any member, officer, executive
director, employee and representative of the commission in any civil
action seeking to impose liability arising out of any actual or alleged
act, error or omission that occurred within the scope of commission
employment, duties, or responsibilities, or as determined by the
commission that the person against whom the claim is made had a
reasonable basis for believing occurred within the scope of commission
employment, duties, or responsibilities. Nothing in this paragraph shall
be construed to prohibit that person from retaining their own counsel at
their own expense and, provided further, that the actual or alleged act,
error or omission did not result from that person's intentional or willful
or wanton misconduct.
(3) The commission shall indemnify and hold harmless any
member, officer, executive director, employee and representative of the
commission for the amount of any settlement or judgment obtained
against that person arising out of any actual or alleged act, error or
omission that occurred within the scope of commission employment,
duties or responsibilities or that such person had a reasonable basis for
believing occurred within the scope of commission employment, duties
or responsibilities, provided that the actual or alleged act, error or
omission did not result from the intentional or willful or wanton
misconduct of that person.
(4) Nothing in this compact shall be construed as a limitation on
the liability of any licensee for professional malpractice or misconduct,
that shall be governed solely by any other applicable state laws.
(5) Nothing in this compact shall be interpreted to waive or
otherwise abrogate a member state's state action immunity or state
action affirmative defense with respect to antitrust claims under the
Sherman antitrust act of 1890, Clayton act 15 U.S.C. §§ 12-27 or any
other state or federal antitrust or anticompetitive law or regulation.
(6) Nothing in this compact shall be construed to be a waiver of
sovereign immunity by the member states or by the commission.
SECTION 8—FACILITATING INFORMATION EXCHANGE
(a) The commission shall provide for facilitating the exchange of
information to administer and implement the provisions of this compact
in accordance with the rules of the commission, consistent with
generally accepted data protection principles.
(b) Notwithstanding any other provision of state law to the
contrary, a member state shall agree to provide for the facilitation of the
following licensee information as required by the rules of the
commission, including: HOUSE BILL No. 2069—page 9
(1) Identifying information;
(2) licensure data;
(3) adverse actions against a license and information related
thereto;
(4) nonconfidential information related to alternative program
participation, the beginning and ending dates of such participation, and
other information related to such participation not made confidential
under member state law;
(5) any denial of application for licensure, and the reasons for
such denial;
(6) the presence of investigative information; and
(7) other information that may facilitate the administration of this
compact or the protection of the public, as determined by the rules of
the commission.
(c) Nothing in this compact shall be deemed or construed to alter,
limit or inhibit the power of a member state to control and maintain
ownership of its licensee information or alter, limit or inhibit the laws
or regulations governing licensee information in the member state.
SECTION 9—RULEMAKING
(a) The commission shall exercise its rulemaking powers pursuant
to the criteria set forth in this interstate compact and the rules adopted
thereunder. Rules and amendments shall become binding as of the date
specified in each rule or amendment.
(b) The commission shall promulgate reasonable rules to achieve
the intent and purpose of this interstate compact. In the event the
commission exercises its rulemaking authority in a manner that is
beyond purpose and intent of this interstate compact, or the powers
granted hereunder, then such an action by the commission shall be
invalid and have no force and effect of law in the member states.
(c) If a majority of the legislatures of the member states rejects a
rule, by enactment of a statute or resolution in the same manner used to
adopt the compact within four years of the date of adoption of the rule,
then such rule shall have no further force and effect in any member
state.
(d) Rules or amendments to the rules shall be adopted or ratified at
a regular or special meeting of the commission in accordance with
commission rules and bylaws.
(e) Prior to promulgation and adoption of a final rule or rules by
the commission, and at least 30 days in advance of the meeting when
the rule will be considered and voted upon, the commission shall file a
notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible
platform; and
(2) on the website of each member state licensing authority or
other publicly accessible platform or the publication where each state
would otherwise publish proposed rules.
(f) Upon determination that an emergency exists, the commission
may consider and adopt an emergency rule with 48 hours' notice, with
opportunity to comment, provided that the usual rulemaking procedures
shall be retroactively applied to the rule as soon as reasonably possible,
in no event later than 90 days after the effective date of the rule. For the
purposes of this provision, an emergency rule is one that must be
adopted immediately in order to:
(1) Meet an imminent threat to public health, safety or welfare.
(A) Prevent a loss of commission or member state funds;
(B) meet a deadline for the promulgation of an administrative rule
that is established by federal law or rule; or
(C) protect public health and safety.
SECTION 10—OVERSIGHT, DISPUTE RESOLUTION AND
ENFORCEMENT
(a) Oversight. HOUSE BILL No. 2069—page 10
(1) The executive and judicial branches of the state government in
each member state shall enforce this compact and take all actions
necessary and appropriate to implement the compact.
(2) Venue is proper and judicial proceedings by or against the
commission shall be brought solely and exclusively in a court of
competent jurisdiction where the principal office of the commission is
located. The commission may waive venue and jurisdictional defenses
to the extent it adopts or consents to participate in alternative dispute
resolution proceedings. Nothing herein shall affect or limit the selection
or propriety of venue in any action against a licensee for professional
malpractice, misconduct or any such similar matter.
(3) The commission shall be entitled to receive service of process
in any proceeding regarding the enforcement or interpretation of the
compact and shall have standing to intervene in such a proceeding for
all purposes. Failure to provide the commission service of process shall
render a judgment or order void as to the commission, this compact or
promulgated rules.
(b) Default, technical assistance and termination.
(1) If the commission determines that a member state has
defaulted in the performance of its obligations or responsibilities under
this compact or the promulgated rules, the commission shall provide
written notice to the defaulting state. The notice of default shall
describe the default, the proposed means of curing the default, and any
other action that the commission may take, and shall offer training and
specific technical assistance regarding the default.
(2) The commission shall provide a copy of the notice of default
to the other member states.
(c) If a state in default fails to cure the default, the defaulting state
may be terminated from the compact upon an affirmative vote of a
supermajority of the delegates of the member states, and all rights,
privileges and benefits conferred on that state by this compact may be
terminated on the effective date of termination. A cure of the default
does not relieve the offending state of obligations or liabilities incurred
during the period of default.
(d) Termination of membership in the compact shall be imposed
only after all other means of securing compliance have been exhausted.
Notice of intent to suspend or terminate shall be given by the
commission to the governor, the majority and minority leaders of the
defaulting state's legislature, the defaulting state's licensing authority
and each of the member states' licensing authorities.
(e) A state that has been terminated is responsible for all
assessments, obligations and liabilities incurred through the effective
date of termination, including obligations that extend beyond the
effective date of termination.
(f) Upon the termination of a state's membership from this
compact, that state shall immediately provide notice to all licensees
within that state of such termination. The terminated state shall
continue to recognize all licenses granted pursuant to this compact for a
minimum of six months after the date of said notice of termination.
(g) The commission shall not bear any costs related to a state that
is found to be in default or that has been terminated from the compact,
unless agreed upon in writing between the commission and the
defaulting state.
(h) The defaulting state may appeal the action of the commission
by petitioning the United States district court for the District of
Columbia or the federal district where the commission has its principal
offices. The prevailing party shall be awarded all costs of such
litigation, including reasonable attorney fees.
(i) Dispute resolution.
(1) Upon request by a member state, the commission shall attempt
to resolve disputes related to the compact that arise among member
states and between member and nonmember states.
(2) The commission shall promulgate a rule providing for both
mediation and binding dispute resolution for disputes as appropriate. HOUSE BILL No. 2069—page 11
(j) Enforcement.
(1) By majority vote as provided by rule, the commission may
initiate legal action against a member state in default in the United
States district court for the District of Columbia or the federal district
where the commission has its principal offices to enforce compliance
with the provisions of the compact and its promulgated rules. The relief
sought may include both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing party shall be awarded
all costs of such litigation, including reasonable attorney fees. The
remedies herein shall not be the exclusive remedies of the commission.
The commission may pursue any other remedies available under federal
or the defaulting member state's law.
(2) A member state may initiate legal action against the
commission in the United States district court for the District of
Columbia or the federal district where the commission has its principal
offices to enforce compliance with the provisions of the compact and
its promulgated rules. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is necessary, the
prevailing party shall be awarded all costs of such litigation, including
reasonable attorney fees.
(3) No person other than a member state shall enforce this
compact against the commission.
SECTION 11—EFFECTIVE DATE, WITHDRAWAL AND
AMENDMENT
(a) The compact shall come into effect on the date that the
compact statute is enacted into law in the seventh member state.
(1) On or after the effective date of the compact indicated above,
the commission shall convene and review the enactment of each of the
charter member states to determine if the statute enacted by each such
charter member state is materially different than the model compact
statute.
(A) A charter member state whose enactment is found to be
materially different from the model compact statute shall be entitled to
the default process set forth in section 10.
(B) If any member state is later found to be in default, or is
terminated or withdraws from the compact, the commission shall
remain in existence and the compact shall remain in effect even if the
number of member states should be less than seven.
(2) Member states enacting the compact subsequent to the charter
member states shall be subject to the process set forth in section 7(c)
(21) to determine if their enactments are materially different from the
model compact statute and whether they qualify for participation in the
compact.
(3) All actions taken for the benefit of the commission or in
furtherance of the purposes of the administration of the compact prior
to the effective date of the compact or the commission coming into
existence shall be considered to be actions of the commission unless
specifically repudiated by the commission.
(A) Any state that joins the compact subsequent to the
commission's initial adoption of the rules and bylaws shall be subject to
the rules and bylaws as they exist on the date that the compact becomes
law in that state. Any rule that has been previously adopted by the
commission shall have the full force and effect of law on the day the
compact becomes law in that state.
(B) Any member state may withdraw from this compact by
enacting a statute repealing the same.
(b) A member state's withdrawal shall not take effect until 180
days after enactment of the repealing statute.
(c) Withdrawal shall not affect the continuing requirement of the
withdrawing state's licensing authority to comply with the investigative
and adverse action reporting requirements of this compact prior to the
effective date of withdrawal. HOUSE BILL No. 2069—page 12
(d) Upon the enactment of a statute withdrawing from this
compact, a state shall immediately provide notice of such withdrawal to
all licensees within that state. Notwithstanding any subsequent statutory
enactment to the contrary, such withdrawing state shall continue to
recognize all licenses granted pursuant to this compact for a minimum
of six months after the date of such notice of withdrawal.
(1) Nothing contained in this compact shall be construed to
invalidate or prevent any licensure agreement or other cooperative
arrangement between a member state and a nonmember state that does
not conflict with the provisions of this compact.
(2) This compact may be amended by the member states. No
amendment to this compact shall become effective and binding upon
any member state until it is enacted into the laws of all member states.
SECTION 12—CONSTRUCTION AND SEVERABILITY
(a) This compact and the commission's rulemaking authority shall
be liberally construed so as to effectuate the purposes, implementation
and administration of the compact. Provisions of the compact expressly
authorizing or requiring the promulgation of rules shall not be
construed to limit the commission's rulemaking authority solely for
those purposes.
(b) The provisions of this compact shall be severable and if any
phrase, clause, sentence or provision of this compact is held by a court
of competent jurisdiction to be contrary to the constitution of any
member state, a state seeking participation in the compact, or of the
United States, or the applicability thereof to any government, agency,
person or circumstance is held to be unconstitutional by a court of
competent jurisdiction, the validity of the remainder of this compact
and the applicability thereof to any other government, agency, person
or circumstance shall not be affected thereby.
(c) Notwithstanding subsection (b), the commission may deny a
state's participation in the compact or, in accordance with the
requirements of section 10(b), terminate a member state's participation
in the compact, if it determines that a constitutional requirement of a
member state is a material departure from the compact. Otherwise, if
this compact shall be held to be contrary to the constitution of any
member state, the compact shall remain in full force and effect as to the
remaining member states and in full force and effect as to the member
state affected as to all severable matters.
SECTION 13—CONSISTENT EFFECT AND CONFLICT WITH
OTHER STATE LAWS
(a) Nothing herein shall prevent or inhibit the enforcement of any
other law of a member state that is not inconsistent with the compact.
(b) Any laws, statutes, regulations, or other legal requirements in a
member state in conflict with the compact are superseded to the extent
of the conflict.
(c) All permissible agreements between the commission and the
member states are binding in accordance with their terms.
Sec. 2. This section shall be known and may be cited as the
dietitian compact.
SECTION 1—PURPOSE
The purpose of this compact is to facilitate interstate practice of
dietetics with the goal of improving public access to dietetics services.
This compact preserves the regulatory authority of states to protect
public health and safety through the current system of state licensure
while also providing for licensure portability through a compact
privilege granted to qualifying professionals. This compact is designed
to achieve the following objectives:
(a) Increase public access to dietetics services; HOUSE BILL No. 2069—page 13
(b) provide opportunities for interstate practice by licensed
dietitians who meet uniform requirements;
(c) eliminate the necessity for licenses in multiple states;
(d) reduce administrative burden on member states and licensees;
(e) enhance the states' ability to protect the public's health and
safety;
(f) encourage the cooperation of member states in regulating
multistate practice of licensed dietitians;
(g) support relocating active military members and their spouses;
(h) enhance the exchange of licensure, investigative and
disciplinary information among member states; and
(i) vest all member states with the authority to hold a licensed
dietitian accountable for meeting all state practice laws in the state
where the patient is located at the time care is rendered.
SECTION 2—DEFINITIONS
As used in this compact, and except as otherwise provided, the
following definitions apply:
(a) "ACEND" means the accreditation council for education in
nutrition and dietetics or its successor organization.
(b) "Active military member" means any individual with full-time
duty status in the active armed forces of the United States, including
members of the national guard and reserve.
(c) "Adverse action" means any administrative, civil, equitable or
criminal action permitted by a state's laws that is imposed by a
licensing authority or other authority against a licensee, including
actions against an individual's license or compact privilege such as
revocation, suspension, probation, monitoring of the licensee, limitation
on the licensee's practice or any other encumbrance on licensure
affecting a licensee's authorization to practice, including issuance of a
cease and desist action.
(d) "Alternative program" means a non-disciplinary monitoring or
practice remediation process approved by a licensing authority.
(e) "CDR" means the commission on dietetic registration or its
successor organization.
(f) "Charter member state" means any member state that enacted
this compact by law before the effective date specified in section 12.
(g) "Continuing education" means a requirement as a condition of
license renewal, to provide evidence of participation in, and completion
of, educational and professional activities relevant to practice or area of
work.
(h) "Compact commission" means the governmental agency
whose membership consists of all states that have enacted this compact,
which is known as the dietitian licensure compact commission, as
described in section 8, and which shall operate as an instrumentality of
the member states.
(i) "Compact privilege" means a legal authorization, which is
equivalent to a license, permitting the practice of dietetics in a remote
state.
(j) "Current significant investigative information" means:
(1) Investigative information that a licensing authority, after a
preliminary inquiry that includes notification and an opportunity for the
subject licensee to respond, if required by state law, has reason to
believe is not groundless and, if proved true, would indicate more than
a minor infraction; or
(2) investigative information that indicates that the subject
licensee represents an immediate threat to public health and safety
regardless of whether the subject licensee has been notified and had an
opportunity to respond.
(k) "Data system" means a repository of information about
licensees, including, but not limited to, continuing education,
examination, licensure, investigative, compact privilege and adverse
action information. HOUSE BILL No. 2069—page 14
(l) "Encumbered license" means a license in which an adverse
action restricts a licensee's ability to practice dietetics.
(m) "Encumbrance" means a revocation or suspension of, or any
limitation on, a licensee's full and unrestricted practice of dietetics by a
licensing authority.
(n) "Executive committee" means a group of delegates elected or
appointed to act on behalf of and within the powers granted to them by
this compact and the compact commission.
(o) "Home state" means the member state that is the licensee's
primary state of residence or that has been designated pursuant to
section 6.
(p) "Investigative information" means information, records and
documents received or generated by a licensing authority pursuant to an
investigation.
(q) "Jurisprudence requirement" means an assessment of an
individual's knowledge of the state laws and regulations governing the
practice of dietetics in such state.
(r) "License" means an authorization from a member state to
either:
(1) Engage in the practice of dietetics, including medical nutrition
therapy; or
(2) use the title "dietitian," "licensed dietitian," "licensed dietitian
nutritionist," "certified dietitian" or other title describing a substantially
similar practitioner as the compact commission may further define by
rule.
(s) "Licensee" or "licensed dietitian" means an individual who
currently holds a license and who meets all of the requirements outlined
in section 4.
(t) ”Licensing authority" means the board or agency of a state, or
equivalent, that is responsible for the licensing and regulation of the
practice of dietetics.
(u) "Member state" means a state that has enacted the compact.
(v) "Practice of dietetics" means the synthesis and application of
dietetics as defined by state law and regulations, primarily for the
provision of nutrition care services, including medical nutrition therapy,
in person or via telehealth, to prevent, manage or treat diseases or
medical conditions and promote wellness.
(w) "Registered dietitian" means a person who:
(1) Has completed applicable education, experience, examination
and recertification requirements approved by CDR;
(2) is credentialed by CDR as a registered dietitian or a registered
dietitian nutritionist; and
(3) is legally authorized to use the title registered dietitian or
registered dietitian nutritionist and the corresponding abbreviations
"RD" or "RDN."
(x) "Remote state" means a member state other than the home
state where a licensee is exercising or seeking to exercise a compact
privilege.
(y) "Rule" means a regulation promulgated by the compact
commission that has the force of law.
(z) "Single state license" means a license issued by a member state
within the issuing state and does not include a compact privilege in any
other member state.
(aa) "State" means any state, commonwealth, district or territory
of the United States of America.
(bb) "Unencumbered license" means a license that authorizes a
licensee to engage in the full and unrestricted practice of dietetics.
SECTION 3—STATE PARTICIPATION IN THE COMPACT
(a) To participate in the compact, a state shall currently:
(1) License and regulate the practice of dietetics; and
(2) have a mechanism in place for receiving and investigating
complaints concerning licensees. HOUSE BILL No. 2069—page 15
(b) A member state shall:
(1) Participate fully in the compact commission's data system,
including using the unique identifier as defined in rules;
(2) notify the compact commission, in compliance with the terms
of the compact and rules, of any adverse action or the availability of
current significant investigative information regarding a licensee;
(3) implement or utilize procedures for considering the criminal
history record information of applicants for an initial compact
privilege. These procedures shall include the submission of fingerprints
or other biometric-based information by applicants for the purpose of
obtaining an applicant's criminal history record information from the
federal bureau of investigation and the agency responsible for retaining
that state's criminal records;
(A) a member state shall fully implement a criminal history record
information requirement, within a time frame established by rule, that
includes receiving the results of the federal bureau of investigation
record search and shall use those results in determining compact
privilege eligibility; and
(B) communication between a member state and the compact
commission or among member states regarding the verification of
eligibility for a compact privilege shall not include any information
received from the federal bureau of investigation relating to a federal
criminal history record information check performed by a member
state;
(4) comply with and enforce the rules of the compact commission;
(5) require an applicant for a compact privilege to obtain or retain
a license in the licensee's home state and meet the home state's
qualifications for licensure or renewal of licensure, as well as all other
applicable state laws; and
(6) recognize a compact privilege granted to a licensee who meets
all of the requirements outlined in section 4 in accordance with the
terms of the compact and rules.
(c) Member states may set and collect a fee for granting a compact
privilege.
(d) Individuals not residing in a member state shall continue to be
able to apply for a member state's single state license as provided under
the laws of each member state. The single state license granted to these
individuals shall not be recognized as granting a compact privilege to
engage in the practice of dietetics in any other member state.
(e) Nothing in this compact shall affect the requirements
established by a member state for the issuance of a single state license.
(f) At no point shall the compact commission have the power to
define the requirements for the issuance of a single state license to
practice dietetics. The member states shall retain sole jurisdiction over
the provision of these requirements.
SECTION 4—COMPACT PRIVILEGE
(a) To exercise the compact privilege under the terms and
provisions of the compact, the licensee shall:
(1) Satisfy one of the following:
(A) Hold a valid current registration that gives the applicant the
right to use the term registered dietitian; or
(B) complete all of the following:
(i) An education program that is either:
(a) A master's degree or doctoral degree that is programmatically
accredited by:
(1) ACEND; or
(2) a dietetics accrediting agency recognized by the United States
department of education, which the compact commission may by rule
determine, and from a college or university accredited at the time of
graduation by the appropriate regional accrediting agency recognized
by the council on higher education accreditation and the United States
department of education; or HOUSE BILL No. 2069—page 16
(b) an academic degree from a college or university in a foreign
country equivalent to the degree described in subclause (a) that is
programmatically accredited by:
(1) ACEND; or
(2) a dietetics accrediting agency recognized by the United States
department of education, which the compact commission may by rule
determine;
(ii) planned, documented and supervised practice experience in
dietetics that is programmatically accredited by:
(a) ACEND; or
(b) a dietetics accrediting agency recognized by the United States
department of education which the compact commission may by rule
determine, that involves at least 1000 hours of practice experience
under the supervision of a registered dietitian or a licensed dietitian;
and
(iii) successful completion of either:
(a) The registration examination for dietitians administered by
CDR; or
(b) a national credentialing examination for dietitians approved by
the compact commission by rule, such completion being not more than
five years prior to the date of the licensee's application for initial
licensure and accompanied by a period of continuous licensure
thereafter, all of which may be further governed by the rules of the
compact commission;
(2) hold an unencumbered license in the home state;
(3) notify the compact commission that the licensee is seeking a
compact privilege within a remote state;
(4) pay any applicable fees, including any state fee, for the
compact privilege;
(5) meet any jurisprudence requirements established by the remote
state where the licensee is seeking a compact privilege; and
(6) report to the compact commission any adverse action,
encumbrance or restriction on a license taken by any nonmember state
within 30 days from the date the action is taken.
(b) The compact privilege shall be valid until the expiration date
of the home state license. To maintain a compact privilege, renewal of
the compact privilege shall be congruent with the renewal of the home
state license as the compact commission may define by rule. The
licensee shall comply with the requirements of subsection (a) to
maintain the compact privilege in the remote state.
(c) A licensee exercising a compact privilege shall adhere to the
laws and regulations of the remote state. Licensees shall be responsible
for educating themselves on, and complying with, any and all state laws
relating to the practice of dietetics in such remote state.
(d) Notwithstanding anything to the contrary provided in this
compact or state law, a licensee exercising a compact privilege shall not
be required to complete continuing education requirements required by
a remote state. A licensee exercising a compact privilege shall only be
required to meet any continuing education requirements as required by
the home state.
SECTION 5—OBTAINING A NEW HOME STATE LICENSE
BASED ON A COMPACT PRIVILEGE
(a) A licensee may hold a home state license that allows for a
compact privilege in other member states in only one member state at a
time.
(b) If a licensee changes home state by moving between two
member states:
(1) The licensee shall file an application for obtaining a new home
state license based on a compact privilege, pay all applicable fees and
notify the current and new home state in accordance with the rules of
the compact commission.
(2) Upon receipt of an application for obtaining a new home state HOUSE BILL No. 2069—page 17
license by virtue of a compact privilege, the new home state shall verify
that the licensee meets the criteria in section 4 via the data system and
require that the licensee complete the following:
(A) Federal bureau of investigation fingerprint-based criminal
history record information check;
(B) any other criminal history record information required by the
new home state; and
(C) any jurisprudence requirements of the new home state.
(3) The former home state shall convert the former home state
license into a compact privilege once the new home state has activated
the new home state license in accordance with applicable rules adopted
by the compact commission.
(4) Notwithstanding any other provision of this compact, if the
licensee cannot meet the criteria in section 4, the new home state may
apply its requirements for issuing a new single state license.
(5) The licensee shall pay all applicable fees to the new home state
in order to be issued a new home state license.
(c) If a licensee changes their state of residence by moving from a
member state to a nonmember state, or from a nonmember state to a
member state, the state criteria shall apply for issuance of a single state
license in the new state.
(d) Nothing in this compact shall interfere with a licensee's ability
to hold a single state license in multiple states, except that for the
purposes of this compact, a licensee shall have only one home state
license.
(e) Nothing in this compact shall affect the requirements
established by a member state for the issuance of a single state license.
SECTION 6—ACTIVE MILITARY MEMBERS OR THEIR
SPOUSES
An active military member, or their spouse, shall designate a home
state where the individual has a current license in good standing. The
individual may retain the home state designation during the period the
service member is on active duty.
SECTION 7—ADVERSE ACTIONS
(a) In addition to the other powers conferred by state law, a remote
state shall have the authority, in accordance with existing state due
process law, to:
(1) Take adverse action against a licensee's compact privilege
within that member state; and
(2) issue subpoenas for both hearings and investigations that
require the attendance and testimony of witnesses as well as the
production of evidence. Subpoenas issued by a licensing authority in a
member state for the attendance and testimony of witnesses or the
production of evidence from another member state shall be enforced in
the latter state by any court of competent jurisdiction, according to the
practice and procedure applicable to subpoenas issued in proceedings
pending before that court. The issuing authority shall pay any witness
fees, travel expenses, mileage and other fees required by the service
statutes of the state where the witnesses or evidence are located.
(b) Only the home state shall have the power to take adverse
action against a licensee's home state license.
(c) For purposes of taking adverse action, the home state shall
give the same priority and effect to reported conduct received from a
member state as it would if the conduct had occurred within the home
state. In so doing, the home state shall apply its own state laws to
determine appropriate action.
(d) The home state shall complete any pending investigations of a
licensee who changes home states during the course of the
investigations. The home state shall also have authority to take
appropriate action and promptly report the conclusions of the
investigations to the administrator of the data system. The administrator HOUSE BILL No. 2069—page 18
of the data system shall promptly notify the new home state of any
adverse actions.
(e) A member state, if otherwise permitted by state law, may
recover from the affected licensee the costs of investigations and
dispositions of cases resulting from any adverse action taken against
that licensee.
(f) A member state may take adverse action based on the factual
findings of another remote state if the member state follows its own
procedures for taking the adverse action.
(g) Joint investigations.
(1) In addition to the authority granted to a member state by its
respective state law, any member state may participate with other
member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation or
compliance materials in furtherance of any joint investigation initiated
under the compact.
(h) If adverse action is taken by the home state against a licensee's
home state license resulting in an encumbrance on the home state
license, the licensee's compact privilege in all other member states shall
be revoked until all encumbrances have been removed from the home
state license. All home state disciplinary orders that impose adverse
action against a licensee shall include a statement that the licensee's
compact privileges are revoked in all member states during the
pendency of the order.
(i) Once an encumbered license in the home state is restored to an
unencumbered license as certified by the home state's licensing
authority, the licensee shall meet the requirements of section 4(a) and
follow the administrative requirements to reapply to obtain a compact
privilege in any remote state.
(j) If a member state takes adverse action, such state shall
promptly notify the administrator of the data system. The administrator
of the data system shall promptly notify the other member states state
of any adverse actions.
(k) Nothing in this compact shall override a member state's
decision that participation in an alternative program may be used in lieu
of adverse action.
SECTION 8—ESTABLISHMENT OF THE DIETITIAN
LICENSURE
COMPACT COMMISSION
(a) The compact member states hereby create and establish a joint
governmental agency whose membership consists of all member states
that have enacted the compact known as the dietitian licensure compact
commission. The compact commission is an instrumentality of the
compact states acting jointly and not an instrumentality of any one
state. The compact commission shall come into existence on or after
the effective date of the compact as set forth in section 12.
(b) Membership, voting and meetings.
(1) Each member state shall have and be limited to one delegate
selected by that member state's licensing authority.
(2) The delegate shall be the primary administrator of the
licensing authority or their designee.
(3) The compact commission shall by rule or bylaw establish a
term of office for delegates and may by rule or bylaw establish term
limits.
(4) The compact commission may recommend removal or
suspension of any delegate from office.
(5) A member state's licensing authority shall fill any vacancy of
its delegate occurring on the compact commission within 60 days of the
vacancy.
(6) Each delegate shall be entitled to one vote on all matters
before the compact commission requiring a vote by the delegates.
(7) Delegates shall meet and vote by such means as set forth in the HOUSE BILL No. 2069—page 19
bylaws. The bylaws may provide for delegates to meet and vote in
person or by telecommunication, video conference or other means of
communication.
(8) The compact commission shall meet at least once during each
calendar year. Additional meetings may be held as set forth in the
bylaws. The compact commission may meet in person or by
telecommunication, video conference or other means of
communication.
(c) The compact commission shall have the following powers:
(1) Establish the fiscal year of the compact commission;
(2) establish code of conduct and conflict of interest policies;
(3) establish and amend rules and bylaws;
(4) maintain its financial records in accordance with the bylaws;
(5) meet and take such actions as are consistent with the
provisions of this compact, the compact commission's rules and the
bylaws;
(6) initiate and conclude legal proceedings or actions in the name
of the compact commission, except that the standing of any licensing
authority to sue or be sued under applicable law shall not be affected;
(7) maintain and certify records and information provided to a
member state as the authenticated business records of the compact
commission and designate an agent to do so on the compact
commission's behalf;
(8) purchase and maintain insurance and bonds;
(9) borrow, accept or contract for services of personnel, including,
but not limited to, employees of a member state;
(10) conduct an annual financial review;
(11) hire employees, elect or appoint officers, fix compensation,
define duties, grant such individuals appropriate authority to carry out
the purposes of the compact and establish the compact commission's
personnel policies and programs relating to conflicts of interest,
qualifications of personnel and other related personnel matters;
(12) assess and collect fees;
(13) accept any and all appropriate donations, grants of money,
other sources of revenue, equipment, supplies, materials, services and
gifts, and receive, utilize and dispose of the same except that at all
times the compact commission shall avoid any actual or appearance of
impropriety or conflict of interest;
(14) lease, purchase, retain, own, hold, improve or use any
property, real, personal or mixed or any undivided interest therein;
(15) sell, convey, mortgage, pledge, lease, exchange, abandon or
otherwise dispose of any property real, personal or mixed;
(16) establish a budget and make expenditures;
(17) borrow money;
(18) appoint committees, including standing committees,
composed of members, state regulators, state legislators or their
representatives, consumer representatives and such other interested
persons as may be designated in this compact or the bylaws;
(19) provide and receive information from, and cooperate with,
law enforcement agencies;
(20) establish and elect an executive committee, including a chair
and a vice chair;
(21) determine whether a state's adopted language is materially
different from the model compact language such that the state would
not qualify for participation in the compact; and
(22) perform such other functions as may be necessary or
appropriate to achieve the purposes of this compact.
(d) The executive committee.
(1) The executive committee shall have the power to act on behalf
of the compact commission according to the terms of this compact. The
powers, duties and responsibilities of the executive committee shall
include:
(A) Oversee the day-to-day activities of the administration of the
compact including enforcement and compliance with the provisions of HOUSE BILL No. 2069—page 20
the compact and its rules and bylaws and other such duties as deemed
necessary;
(B) recommend to the compact commission changes to the rules
or bylaws, changes to this compact legislation, fees charged to compact
member states, fees charged to licensees and other fees;
(C) ensure compact administration services are appropriately
provided, including by contract;
(D) prepare and recommend the budget;
(E) maintain financial records on behalf of the compact
commission;
(F) monitor compact compliance of member states and provide
compliance reports to the compact commission;
(G) establish additional committees as necessary;
(H) exercise the powers and duties of the compact commission
during the interim between compact commission meetings, except for
adopting or amending rules, adopting or amending bylaws and
exercising any other powers and duties expressly reserved to the
compact commission by rule or bylaw; and
(I) other duties as provided in the rules or bylaws of the compact
commission.
(2) The executive committee shall be composed of nine members:
(A) The chair and vice chair of the compact commission shall be
voting members of the executive committee;
(B) five voting members from the current membership of the
compact commission, elected by the compact commission;
(C) one exofficio, nonvoting member from a recognized
professional association representing dietitians; and
(D) one exofficio, nonvoting member from a recognized national
credentialing organization for dietitians.
(3) The compact commission may remove any member of the
executive committee as provided in the compact commission's bylaws.
(4) The executive committee shall meet at least annually.
(A) Executive committee meetings shall be open to the public,
except that the executive committee may meet in a closed, nonpublic
meeting as provided in subsection (f)(2).
(B) The executive committee shall give 30 days' notice of its
meetings, posted on the website of the compact commission and as
determined to provide notice to persons with an interest in the business
of the compact commission.
(C) The executive committee may hold a special meeting in
accordance with subsection (f)(1)(B).
(e) The compact commission shall adopt and provide to the
member states an annual report.
(f) Meetings of the compact commission.
(1) All meetings shall be open to the public, except that the
compact commission may meet in a closed, nonpublic meeting as
provided in subsection (f)(2).
(A) Public notice for all meetings of the full compact commission
shall be given in the same manner as required under the rulemaking
provisions in section 10, except that the compact commission may hold
a special meeting as provided in subsection (f)(1)(B).
(B) The compact commission may hold a special meeting when it
shall meet to conduct emergency business by giving 24 hours' notice to
all member states on the compact commission's website and other
means as provided in the compact commission's rules. The compact
commission's legal counsel shall certify that the compact commission's
need to meet qualifies as an emergency.
(2) The compact commission or the executive committee or other
committees of the compact commission may convene in a closed,
nonpublic meeting for the compact commission or executive committee
or other committees of the compact commission to receive legal advice
or to discuss:
(A) Noncompliance of a member state with its obligations under
the compact; HOUSE BILL No. 2069—page 21
(B) the employment, compensation, discipline or other matters,
practices or procedures related to specific employees;
(C) current or threatened discipline of a licensee by the compact
commission or by a member state's licensing authority;
(D) current, threatened or reasonably anticipated litigation;
(E) negotiation of contracts for the purchase, lease, or sale of
goods, services or real estate;
(F) accusing any person of a crime or formally censuring any
person;
(G) trade secrets or commercial or financial information that is
privileged or confidential;
(H) information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
(I) investigative records compiled for law enforcement purposes;
(J) information related to any investigative reports prepared by or
on behalf of or for use of the compact commission or other committee
charged with responsibility of investigation or determination of
compliance issues pursuant to the compact;
(K) matters specifically exempted from disclosure by federal or
member state law; or
(L) other matters as specified in the rules of the compact
commission.
(3) If a meeting, or portion of a meeting, is closed, the presiding
officer shall state that the meeting will be closed and reference each
relevant exempting provision, and such reference shall be recorded in
the minutes.
(4) The compact commission shall keep minutes that fully and
clearly describe all matters discussed in a meeting and provide a full
and accurate summary of actions taken, and the reasons therefore,
including a description of the views expressed. All documents
considered in connection with an action shall be identified in such
minutes. All minutes and documents of a closed meeting shall remain
under seal, subject to release only by a majority vote of the compact
commission or order of a court of competent jurisdiction.
(g) Financing of the compact commission.
(1) The compact commission shall pay, or provide for the payment
of, the reasonable expenses of its establishment, organization and
ongoing activities.
(2) The compact commission may accept any and all appropriate
revenue sources as provided in subsection (c)(13).
(3) The compact commission may levy on and collect an annual
assessment from each member state and impose fees on licensees of
member states to whom it grants a compact privilege to cover the cost
of the operations and activities of the compact commission and its staff
that shall, in a total amount, be sufficient to cover its annual budget as
approved each year for which revenue is not provided by other sources.
The aggregate annual assessment amount for member states shall be
allocated based upon a formula that the compact commission shall
promulgate by rule.
(4) The compact commission shall not incur obligations of any
kind prior to securing the funds adequate to meet the same, nor shall
the compact commission pledge the credit of any of the member states
except by and with the authority of the member state.
(5) The compact commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
compact commission shall be subject to the financial review and
accounting procedures established under its bylaws. All receipts and
disbursements of funds handled by the compact commission shall be
subject to an annual financial review by a certified or licensed public
accountant, and the report of the financial review shall be included in
and become part of the annual report of the compact commission.
(h) Qualified immunity, defense and indemnification.
(1) The members, officers, executive director, employees and
representatives of the compact commission shall be immune from suit HOUSE BILL No. 2069—page 22
and liability, both personally and in their official capacity, for any claim
for damage to or loss of property or personal injury or other civil
liability caused by or arising out of any actual or alleged act, error or
omission that occurred, or that the person against whom the claim is
made had a reasonable basis for believing occurred within the scope of
compact commission employment, duties or responsibilities, except
that nothing in this paragraph shall be construed to protect any such
person from suit or liability for any damage, loss, injury or liability
caused by the intentional or willful or wanton misconduct of that
person. The procurement of insurance of any type by the compact
commission shall not in any way compromise or limit the immunity
granted hereunder.
(2) The compact commission shall defend any member, officer,
executive director, employee and representative of the compact
commission in any civil action seeking to impose liability arising out of
any actual or alleged act, error or omission that occurred within the
scope of compact commission employment, duties or responsibilities or
as determined by the compact commission that the person against
whom the claim is made had a reasonable basis for believing occurred
within the scope of compact commission employment, duties or
responsibilities, except that nothing herein shall be construed to
prohibit that person from retaining their own counsel at their own
expense and that the actual or alleged act, error or omission did not
result from that person's intentional or willful or wanton misconduct.
(3) The compact commission shall indemnify and hold harmless
any member, officer, executive director, employee and representative of
the compact commission for the amount of any settlement or judgment
obtained against that person arising out of any actual or alleged act,
error or omission that occurred within the scope of compact
commission employment, duties or responsibilities, or that such person
had a reasonable basis for believing occurred within the scope of
compact commission employment, duties or responsibilities, except
that the actual or alleged act, error or omission did not result from the
intentional or willful or wanton misconduct of that person.
(4) Nothing in this compact shall be construed as a limitation on
the liability of any licensee for professional malpractice or misconduct,
which shall be governed solely by any other applicable state laws.
(5) Nothing in this compact shall be interpreted to waive or
otherwise abrogate a member state's state action immunity or state
action affirmative defense with respect to antitrust claims under the
Sherman antitrust act of 1890, the Clayton act 15 U.S.C. §§ 12-27 or
any other state or federal antitrust or anticompetitive law or regulation.
(6) Nothing in this compact shall be construed to be a waiver of
sovereign immunity by the member states or by the compact
commission.
SECTION 9—DATA SYSTEMS
(a) The compact commission shall provide for the development,
maintenance, operation and utilization of a coordinated data system.
(b) The compact commission shall assign each applicant for a
compact privilege a unique identifier, as determined by the rules of the
compact commission.
(c) Notwithstanding any other provision of state law to the
contrary, a member state shall submit a uniform data set to the data
system on all individuals to whom this compact is applicable as
required by the rules of the compact commission, including:
(1) Identifying information;
(2) licensure data;
(3) adverse actions against a license or compact privilege and
information related thereto;
(4) nonconfidential information related to alternative program
participation, the beginning and ending dates of such participation and
other information related to such participation not made confidential HOUSE BILL No. 2069—page 23
under member state law;
(5) any denial of application for licensure and the reason for such
denial;
(6) the presence of current significant investigative information;
and
(7) other information that may facilitate the administration of this
compact or the protection of the public, as determined by the rules of
the compact commission.
(d) The records and information provided to a member state
pursuant to this compact or through the data system, when certified by
the compact commission or an agent thereof, shall constitute the
authenticated business records of the compact commission and shall be
entitled to any associated hearsay exception in any relevant judicial,
quasi-judicial or administrative proceedings in a member state.
(e) Current significant investigative information pertaining to a
licensee in any member state shall only be available to other member
states.
(f) Member states shall report any adverse action against a
licensee and to monitor the data system to determine whether any
adverse action has been taken against a licensee. Adverse action
information pertaining to a licensee in any member state shall be
available to any other member state.
(g) Member states contributing information to the data system
may designate information that shall not be shared with the public
without the express permission of the contributing state.
(h) Any information submitted to the data system that is
subsequently expunged pursuant to federal law or the laws of the
member state contributing the information shall be removed from the
data system.
SECTION 10—RULEMAKING
(a) The compact commission shall promulgate reasonable rules in
order to effectively and efficiently implement and administer the
purposes and provisions of the compact. A rule shall be invalid and
have no force or effect only if a court of competent jurisdiction holds
that the rule is invalid because the compact commission exercised its
rulemaking authority in a manner that is beyond the scope and purposes
of the compact, or the powers granted hereunder, or based upon another
applicable standard of review.
(b) The rules of the compact commission shall have the force of
law in each member state, except that where the rules conflict with the
laws or regulations of a member state that relate to the procedures,
actions and processes a licensed dietitian is permitted to undertake in
that state and the circumstances under which they may do so, as held by
a court of competent jurisdiction, the rules of the compact commission
shall be ineffective in that state to the extent of the conflict.
(c) The compact commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this section and the rules adopted
thereunder. Rules shall become binding on the day following adoption
or as of the date specified in the rule or amendment, whichever is later.
(d) If a majority of the legislatures of the member states rejects a
rule or portion of a rule, by enactment of a statute or resolution in the
same manner used to adopt the compact within four years of the date of
adoption of the rule, then such rule shall have no further force and
effect in any member state.
(e) Rules shall be adopted at a regular or special meeting of the
compact commission.
(f) Prior to adoption of a proposed rule, the compact commission
shall hold a public hearing and allow persons to provide oral and
written comments, data, facts, opinions and arguments.
(g) Prior to adoption of a proposed rule by the compact
commission and at least 30 days in advance of the meeting at which the
compact commission will hold a public hearing on the proposed rule, HOUSE BILL No. 2069—page 24
the compact commission shall provide a notice of proposed
rulemaking:
(1) On the website of the compact commission or other publicly
accessible platform;
(2) to persons who have requested notice of the compact
commission's notices of proposed rulemaking; and
(3) in such other way as the compact commission may by rule
specify.
(h) The notice of proposed rulemaking shall include:
(1) The time, date and location of the public hearing at which the
compact commission will hear public comments on the proposed rule
and, if different, the time, date and location of the meeting where the
compact commission will consider and vote on the proposed rule;
(2) if the hearing is held via telecommunication, video conference
or other means of communication, the compact commission shall
include the mechanism for access to the hearing in the notice of
proposed rulemaking;
(3) the text of the proposed rule and the reason therefor;
(4) a request for comments on the proposed rule from any
interested person; and
(5) the manner in which interested persons may submit written
comments.
(i) All hearings shall be recorded. A copy of the recording and all
written comments and documents received by the compact commission
in response to the proposed rule shall be available to the public.
(j) Nothing in this section shall be construed as requiring a
separate hearing on each rule. Rules may be grouped for the
convenience of the compact commission at hearings required by this
section.
(k) The compact commission shall, by majority vote of all
members, take final action on the proposed rule based on the
rulemaking record and the full text of the rule.
(1) The compact commission may adopt changes to the proposed
rule if the changes do not enlarge the original purpose of the proposed
rule.
(2) The compact commission shall provide an explanation of the
reasons for substantive changes made to the proposed rule as well as
reasons for substantive changes not made that were recommended by
commenters.
(3) The compact commission shall determine a reasonable
effective date for the rule. Except for an emergency as provided in
subsection (l), the effective date of the rule shall be not sooner than 30
days after issuing the notice that it adopted or amended the rule.
(l) Upon determination that an emergency exists, the compact
commission may consider and adopt an emergency rule with 24 hours'
notice, with an opportunity to comment, except that the usual
rulemaking procedures provided in the compact and this section shall
be retroactively applied to the rule as soon as reasonably possible but
not later than 90 days after the effective date of the rule. For the
purposes of this provision, an emergency rule is one that shall be
adopted immediately in order to:
(1) Meet an imminent threat to public health, safety or welfare;
(2) prevent a loss of compact commission or member state funds;
(3) meet a deadline for the promulgation of a rule that is
established by federal law or rule; or
(4) protect public health and safety.
(m) The compact commission or an authorized committee of the
compact commission may direct revision to a previously adopted rule
for purposes of correcting typographical errors, errors in format, errors
in consistency or grammatical errors. Public notice of any revision shall
be posted on the website of the compact commission. The revision shall
be subject to challenge by any person for a period of 30 days after
posting. The revision may be challenged only on grounds that the
revision results in a material change to a rule. A challenge shall be HOUSE BILL No. 2069—page 25
made in writing and delivered to the compact commission prior to the
end of the notice period. If no challenge is made, the revision shall take
effect without further action. If the revision is challenged, the revision
may not take effect without the approval of the compact commission.
(n) No member state's rulemaking requirements shall apply under
this compact.
SECTION 11—OVERSIGHT, DISPUTE RESOLUTION AND
ENFORCEMENT
(a) Oversight.
(1) The executive and judicial branches of state government in
each member state shall enforce this compact and take all actions
necessary and appropriate to implement this compact.
(2) Except as otherwise provided in this compact, venue is proper
and judicial proceedings by or against the compact commission shall be
brought solely and exclusively in a court of competent jurisdiction
where the principal office of the compact commission is located. The
compact commission may waive venue and jurisdictional defenses to
the extent it adopts or consents to participate in alternative dispute
resolution proceedings. Nothing herein shall affect or limit the selection
or propriety of venue in any action against a licensee for professional
malpractice, misconduct or any such similar matter.
(3) The compact commission shall be entitled to receive service of
process in any proceeding regarding the enforcement or interpretation
of the compact and shall have standing to intervene in such a
proceeding for all purposes. Failure to provide the compact commission
service of process shall render a judgment or order void as to the
compact commission, this compact or promulgated rules.
(b) Default, technical assistance and termination.
(1) If the compact commission determines that a member state has
defaulted in the performance of its obligations or responsibilities under
this compact or the promulgated rules, the compact commission shall
provide written notice to the defaulting state. The notice of default shall
describe the default, the proposed means of curing the default and any
other action that the compact commission may take and shall offer
training and specific technical assistance regarding the default.
(2) The compact commission shall provide a copy of the notice of
default to the other member states.
(c) If a state in default fails to cure the default, the defaulting state
may be terminated from the compact upon an affirmative vote of a
majority of the delegates of the member states, and all rights, privileges
and benefits conferred on that state by this compact may be terminated
on the effective date of termination. A cure of the default does not
relieve the offending state of obligations or liabilities incurred during
the period of default.
(d) Termination of membership in the compact shall be imposed
only after all other means of securing compliance have been exhausted.
Notice of intent to suspend or terminate shall be given by the compact
commission to the governor, the majority and minority leaders of the
defaulting state's legislature, the defaulting state's licensing authority
and each of the member states' licensing authority.
(e) A state that has been terminated is responsible for all
assessments, obligations and liabilities incurred through the effective
date of termination, including obligations that extend beyond the
effective date of termination.
(f) Upon the termination of a state's membership from this
compact, that state shall immediately provide notice to all licensees
within that state of such termination. The terminated state shall
continue to recognize all compact privileges granted pursuant to this
compact for a minimum of six months after the date of said notice of
termination.
(g) The compact commission shall not bear any costs related to a
state that is found to be in default or that has been terminated from the HOUSE BILL No. 2069—page 26
compact, unless agreed upon in writing between the compact
commission and the defaulting state.
(h) The defaulting state may appeal the action of the compact
commission by petitioning the United States district court for the
District of Columbia or the federal district where the compact
commission has its principal offices. The prevailing party shall be
awarded all costs of such litigation, including reasonable attorney fees.
(i) Dispute resolution.
(1) Upon request by a member state, the compact commission
shall attempt to resolve disputes related to the compact that arise among
member states and among member and nonmember states.
(2) The compact commission shall promulgate a rule providing for
both mediation and binding dispute resolution for disputes as
appropriate.
(j) Enforcement.
(1) By supermajority vote, the compact commission may initiate
legal action against a member state in default in the United States
district court for the District of Columbia or the federal district where
the compact commission has its principal offices to enforce compliance
with the provisions of the compact and its promulgated rules. The relief
sought may include both injunctive relief and damages. In the event
that judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable attorney fees.
The remedies herein shall not be the exclusive remedies of the compact
commission. The compact commission may pursue any other remedies
available under federal or the defaulting member state's law.
(2) A member state may initiate legal action against the compact
commission in the United States district court for the District of
Columbia or the federal district where the compact commission has its
principal offices to enforce compliance with the provisions of the
compact and its promulgated rules. The relief sought may include both
injunctive relief and damages. In the event that judicial enforcement is
necessary, the prevailing party shall be awarded all costs of such
litigation, including reasonable attorney fees.
(3) No party other than a member state shall enforce this compact
against the compact commission.
SECTION 12—EFFECTIVE DATE, WITHDRAWAL AND
AMENDMENT
(a) The compact shall come into effect on the date that the
compact statute is enacted into law in the seventh member state.
(1) On or after the effective date of the compact, the compact
commission shall convene and review the enactment of each of the first
seven member states, "charter member states," to determine if the
statute enacted by each such charter member state is materially
different than the model compact statute.
(A) A charter member state whose enactment is found to be
materially different from the model compact statute shall be entitled to
the default process set forth in section 11.
(B) If any member state is later found to be in default, or is
terminated or withdraws from the compact, the compact commission
shall remain in existence and the compact shall remain in effect even if
the number of member states should be fewer than seven.
(2) Member states enacting the compact subsequent to the seven
initial charter member states shall be subject to the process set forth in
section 8(c)(21) to determine if their enactments are materially different
from the model compact statute and whether they qualify for
participation in the compact.
(3) All actions taken for the benefit of the compact commission or
in furtherance of the purposes of the administration of the compact
prior to the effective date of the compact or the compact commission
coming into existence shall be considered to be actions of the compact
commission unless specifically repudiated by the compact commission. HOUSE BILL No. 2069—page 27
(4) Any state that joins the compact subsequent to the compact
commission's initial adoption of the rules and bylaws shall be subject to
the rules and bylaws as they exist on the date that the compact becomes
law in that state. Any rule that has been previously adopted by the
compact commission shall have the full force and effect of law on the
day the compact becomes law in that state.
(b) Any member state may withdraw from this compact by
enacting a statute repealing such compact.
(1) A member state's withdrawal shall not take effect until 180
days after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the
withdrawing state's licensing authority to comply with the investigative
and adverse action reporting requirements of this compact prior to the
effective date of withdrawal.
(3) Upon the enactment of a statute withdrawing from this
compact, a state shall immediately provide notice of such withdrawal to
all licensees within that state. Notwithstanding any subsequent
statutory enactment to the contrary, such withdrawing state shall
continue to recognize all compact privileges granted pursuant to this
compact for a minimum of 180 days after the date of such notice of
withdrawal.
(c) Nothing contained in this compact shall be construed to
invalidate or prevent any licensure agreement or other cooperative
arrangement between a member state and a nonmember state that does
not conflict with the provisions of this compact.
(d) This compact may be amended by the member states. No
amendment to this compact shall become effective and binding upon
any member state until it is enacted into the laws of all member states.
SECTION 13—CONSTRUCTION AND SEVERABILITY
(a) This compact and the compact commission's rulemaking
authority shall be liberally construed so as to effectuate the purposes
and the implementation and administration of the compact. Provisions
of the compact expressly authorizing or requiring the promulgation of
rules shall not be construed to limit the compact commission's
rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable and if any
phrase, clause, sentence or provision of this compact is held by a court
of competent jurisdiction to be contrary to the constitution of any
member state, a state seeking participation in the compact or of the
United States, or the applicability thereof to any government, agency,
person or circumstance is held to be unconstitutional by a court of
competent jurisdiction, the validity of the remainder of this compact
and the applicability thereof to any other government, agency, person
or circumstance shall not be affected thereby.
(c) Notwithstanding subsection (b), the compact commission may
deny a state's participation in the compact or, in accordance with the
requirements of section 11(b), terminate a member state's participation
in the compact if it determines that a constitutional requirement of a
member state is a material departure from the compact. If this compact
shall be held to be contrary to the constitution of any member state, the
compact shall remain in full force and effect as to the remaining
member states and in full force and effect as to the member state
affected as to all severable matters.
SECTION 14—CONSISTENT EFFECT AND CONFLICT
WITH OTHER STATE LAWS
(a) Nothing in this compact shall prevent or inhibit the
enforcement of any other law of a member state that is not inconsistent
with the compact.
(b) Any laws, statutes, rules and regulations or other legal
requirements in a member state in conflict with the compact are
superseded to the extent of the conflict. HOUSE BILL No. 2069—page 28
(c) All permissible agreements between the compact commission
and the member states are binding in accordance with their terms.
Sec. 3. This section shall be known and may be cited as the
cosmetologist licensure compact.
ARTICLE 1—PURPOSE
(a) The purpose of this compact is to facilitate the interstate
practice and regulation of cosmetology with the goal of improving
public access thereto, the safety of cosmetology services and reducing
unnecessary burdens related to cosmetology licensure. Through this
compact the member states seek to establish a regulatory framework
that provides for a new multistate licensing program. Through this new
licensing program, the member states seek to provide increased value
and mobility to licensed cosmetologists in the member states, while
ensuring the provision of safe, effective and reliable services to the
public.
(b) This compact is designed to achieve the following objectives,
which are ratified by the member states to this compact:
(1) Provide opportunities for interstate practice by cosmetologists
who meet uniform requirements for multistate licensure;
(2) enhance the abilities of member states to protect public health
and safety and prevent fraud and unlicensed activity within the
profession;
(3) ensure and encourage cooperation between member states in
the licensure and regulation of the practice of cosmetology;
(4) support relocating military members and their spouses;
(5) facilitate the exchange of information between member states
related to the licensure, investigation and discipline of the practice of
cosmetology; and
(6) provide for the licensure and mobility of the workforce in the
profession while addressing the shortage of workers and lessening the
associated burdens on the member states.
ARTICLE 2—DEFINITIONS
As used in this compact, and except as otherwise provided, the
following definitions shall govern the terms herein:
(a) "Active military member" means any person with full-time
duty status in the armed forces of the United States, including members
of the national guard and reserve.
(b) "Adverse action" means any administrative, civil, equitable or
criminal action permitted by a member state's laws that is imposed by a
state licensing authority or other regulatory body against a
cosmetologist, including actions against an individual's license or
authorization to practice such as revocation, suspension, probation,
monitoring of the licensee, limitation of the licensee's practice or any
other encumbrance on a license affecting an individual's ability to
participate in the cosmetology industry, including the issuance of a
cease and desist order.
(c) "Authorization to practice" means a legal authorization
associated with a multistate license permitting the practice of
cosmetology in that remote state, which shall be subject to the
enforcement jurisdiction of the state licensing authority in that remote
state.
(d) "Alternative program" means a non-disciplinary monitoring or
prosecutorial diversion program approved by a member state's state
licensing authority.
(e) "Background check" means the submission of information for
an applicant for the purpose of obtaining such applicant's criminal
history record information, as further defined in C.F.R. § 20.3(d), from
the federal bureau of investigation and the agency responsible for
retaining state criminal or disciplinary history in the applicant's home
state.
(f) "Charter member state" means member states that have enacted HOUSE BILL No. 2069—page 29
legislation to adopt this compact where such legislation predates the
effective date of this compact as defined in article 13.
(g) "Commission" means the governmental agency whose
membership consists of all states that have enacted this compact,
known as the cosmetology licensure compact commission, as defined
in article 9, and shall operate as an instrumentality of the member
states.
(h) "Cosmetologist" means an individual licensed in their home
state to practice cosmetology.
(i) "Cosmetology", "cosmetology services" and the "practice of
cosmetology" mean the care and services provided by a cosmetologist
as set forth in the member state's statutes and regulations in the state
where the services are being provided.
(j) "Current significant investigative information" means:
(1) Investigative information that a state licensing authority, after
an inquiry or investigation that complies with a member state's due
process requirements, has reason to believe is not groundless and, if
proved true, would indicate a violation of that state's laws regarding
fraud or the practice of cosmetology; or
(2) investigative information that indicates that a licensee has
engaged in fraud or represents an immediate threat to public health and
safety, regardless of whether the licensee has been notified and had an
opportunity to respond.
(k) "Data system" means a repository of information about
licensees, including, but not limited to, license status, investigative
information and adverse actions.
(l) "Disqualifying event" means any event that shall disqualify an
individual from holding a multistate license under this compact, which
the commission may by rule or order specify.
(m) "Encumbered license" means a license in which an adverse
action restricts the practice of cosmetology by a licensee, or where said
adverse action has been reported to the commission.
(n) "Encumbrance" means a revocation or suspension of, or any
limitation on, the full and unrestricted practice of cosmetology by a
state licensing authority.
(o) "Executive committee" means a group of delegates elected or
appointed to act on behalf of and within the powers granted to them by
the commission.
(p) "Home state" means the member state that is a licensee's
primary state of residence where such licensee holds an active and
unencumbered license to practice cosmetology.
(q) "Investigative information" means information, records or
documents received or generated by a state licensing authority pursuant
to an investigation or other inquiry.
(r) "Jurisprudence requirement" means the assessment of an
individual's knowledge of the laws and rules governing the practice of
cosmetology in a state.
(s) "Licensee" means an individual who currently holds a license
from a member state to practice as a cosmetologist.
(t) "Member state" means any state that has adopted this compact.
(u) "Multistate license" means a license issued by and subject to
the enforcement jurisdiction of the state licensing authority in a
licensee's home state that authorizes the practice of cosmetology in
member states and includes authorizations to practice cosmetology in
all remote states pursuant to this compact.
(v) "Remote state" means any member state other than the
licensee's home state.
(w) "Rule" means any rule or regulation adopted by the
commission under this compact that has the force of law.
(x) "Single-state license" means a cosmetology license issued by a
member state that authorizes practice of cosmetology only within the
issuing state and does not include any authorization outside of the
issuing state.
(y) "State" means a state, territory or possession of the United HOUSE BILL No. 2069—page 30
States and the District of Columbia.
(z) "State licensing authority" means a member state's regulatory
body responsible for issuing cosmetology licenses or otherwise
overseeing the practice of cosmetology in that state.
ARTICLE 3—MEMBER STATE REQUIREMENTS
(a) To be eligible to join this compact and maintain eligibility as a
member state, a state shall:
(1) License and regulate cosmetology;
(2) have a mechanism or entity in place to receive and investigate
complaints about licensees practicing in that state;
(3) require that licensees within the state pass a cosmetology
competency examination prior to being licensed to provide
cosmetology services to the public in that state;
(4) require that licensees satisfy educational or training
requirements in cosmetology prior to being licensed to provide
cosmetology services to the public in that state;
(5) implement procedures for considering one or more of the
following categories of information from applicants for licensure:
Criminal history; disciplinary history; or background check. Such
procedures may include the submission of information by applicants
for the purpose of obtaining an applicant's background check as defined
herein;
(6) participate in the data system, including through the use of
unique identifying numbers;
(7) share information related to adverse actions with the
commission and other member states, both through the data system and
otherwise;
(8) notify the commission and other member states, in compliance
with the terms of the compact and rules of the commission, of the
existence of investigative information or current significant
investigative information in the state's possession regarding a licensee
practicing in that state;
(9) comply with such rules as may be enacted by the commission
to administer the compact; and
(10) accept licensees from other member states as established
herein.
(b) Member states may charge a fee for granting a license to
practice cosmetology.
(c) Individuals not residing in a member state shall continue to be
able to apply for a member state's single-state license as provided under
the laws of each member state, except that the single-state license
granted to these individuals shall not be recognized as granting a
multistate license to provide services in any other member state.
(d) Nothing in this compact shall affect the requirements
established by a member state for the issuance of a single-state license.
(e) A multistate license issued to a licensee by a home state to a
resident of that state shall be recognized by each member state as
authorizing a licensee to practice cosmetology in each member state.
(f) At no point shall the commission have the power to define the
educational or professional requirements for a license to practice
cosmetology. The member states shall retain sole jurisdiction over the
provision of these requirements.
ARTICLE 4—MULTISTATE LICENSE
(a) To be eligible to apply to their home state's state licensing
authority for an initial multistate license under this compact, a licensee
must hold an active and unencumbered single-state license to practice
cosmetology in such licensee's home state.
(b) Upon the receipt of an application for a multistate license,
according to the rules of the commission, a member state's state
licensing authority shall ascertain whether the applicant meets the
requirements for a multistate license under this compact. HOUSE BILL No. 2069—page 31
(c) If an applicant meets the requirements for a multistate license
under this compact and any applicable rules of the commission, the
state licensing authority in receipt of the application shall, within a
reasonable time, grant a multistate license to that applicant and inform
all member states of the grant of such multistate license.
(d) A multistate license to practice cosmetology issued by a
member state's state licensing authority shall be recognized by each
member state as authorizing the practice thereof as though that licensee
held a single-state license to do so in each member state, subject to the
restrictions herein.
(e) A multistate license granted pursuant to this compact may be
effective for a definite period of time, concurrent with the licensure
renewal period in the home state.
(f) To maintain a multistate license under this compact, a licensee
shall:
(1) Agree to abide by the rules of the state licensing authority and
the state scope of practice laws governing the practice of cosmetology
of any member state where the licensee provides services;
(2) pay all required fees related to the application and process and
any other fees that the commission may, by rule, require; and
(3) comply with any and all other requirements regarding
multistate licenses that the commission may, by rule, provide.
(g) A licensee practicing in a member state is subject to all scope
of practice laws governing cosmetology services in that state.
(h) The practice of cosmetology under a multistate license granted
pursuant to this compact shall subject the licensee to the jurisdiction of
the state licensing authority, the courts and the laws of the member state
where the cosmetology services are provided.
ARTICLE 5—REISSUANCE OF A MULTISTATE LICENSE
BY A NEW HOME STATE
(a) A licensee may hold a multistate license, issued by their home
state, in only one member state at any given time.
(b) If a licensee changes such licensee's home state by moving
between two member states:
(1) The licensee shall immediately apply for the reissuance of
such multistate license in such licensee's new home state. The licensee
shall pay all applicable fees and notify the prior home state in
accordance with the rules of the commission;
(2) upon receipt of an application to reissue a multistate license,
the new home state shall verify that the multistate license is active,
unencumbered and eligible for reissuance under the terms of the
compact and the rules of the commission. The multistate license issued
by the prior home state shall be deactivated and all member states
notified in accordance with the applicable rules adopted by the
commission;
(3) if required for initial licensure, the new home state may require
a background check as specified in the laws of that state, or the
compliance with any jurisprudence requirements of the new home state;
and
(4) notwithstanding any other provision of this compact, if a
licensee does not meet the requirements set forth in this compact for the
reissuance of a multistate license by the new home state, then such
licensee shall be subject to the new home state requirements for the
issuance of a single-state license in that state.
(c) If a licensee changes such licensee's primary state of residence
by moving from a member state to a non-member state, or from a non-
member state to a member state, then the licensee shall be subject to the
state requirements for the issuance of a single-state license in the new
home state.
(d) Nothing in this compact shall interfere with a licensee's ability
to hold a single-state license in multiple states, except that, for the
purposes of this compact, a licensee shall have only one home state and HOUSE BILL No. 2069—page 32
one multistate license.
(e) Nothing in this compact shall interfere with the requirements
established by a member state for the issuance of a single-state license.
ARTICLE 6—AUTHORITY OF THE COMPACT COMMISSION
AND MEMBER STATE LICENSING AUTHORITIES
(a) Nothing in this compact, nor any rule or regulation of the
commission, shall be construed to limit, restrict or in any way reduce
the ability of a member state to enact and enforce laws, rules or
regulations related to the practice of cosmetology in that state where
those laws, rules or regulations are not inconsistent with the provisions
of this compact.
(b) Insofar as practicable, a member state's state licensing
authority shall cooperate with the commission and with each entity
exercising independent regulatory authority over the practice of
cosmetology according to the provisions of this compact.
(c) Discipline shall be the sole responsibility of the state where
cosmetology services are provided. Accordingly, each member state's
state licensing authority shall be responsible for receiving complaints
about individuals practicing cosmetology in that state and for
communicating all relevant investigative information about any such
adverse action to the other member states through the data system in
addition to any other methods the commission may require by rule.
ARTICLE 7—ADVERSE ACTIONS
(a) A licensee's home state shall have exclusive power to impose
an adverse action against a licensee's multistate license issued by the
home state.
(b) A home state may take adverse action on a multistate license
based on the investigative information, current significant investigative
information or adverse action of a remote state.
(c) In addition to the powers conferred by state law, each remote
state's state licensing authority shall have the power to:
(1) Take adverse action against a licensee's authorization to
practice cosmetology through the multistate license in that member
state, except that:
(A) Only the licensee's home state shall have the power to take
adverse action against the multistate license issued by the home state;
and
(B) for the purposes of taking adverse action, the home state's
state licensing authority shall give the same priority and effect to
reported conduct received from a remote state as it would if such
conduct had occurred within the home state. In so doing, the home state
shall apply its own state laws to determine the appropriate action;
(2) issue cease and desist orders or impose an encumbrance on a
licensee's authorization to practice within that member state;
(3) complete any pending investigations of a licensee who changes
their primary state of residence during the course of such an
investigation. The state licensing authority shall also be empowered to
report the results of such an investigation to the commission through
the data system as described herein;
(4) issue subpoenas for both hearings and investigations that
require the attendance and testimony of witnesses, as well as the
production of evidence. Subpoenas issued by a state licensing authority
in a member state for the attendance and testimony of witnesses or the
production of evidence from another member state shall be enforced in
the latter state by any court of competent jurisdiction, according to the
practice and procedure of that court applicable to subpoenas issued in
proceedings before it. The issuing state licensing authority shall pay
any witness fees, travel expenses, mileage and other fees required by
the service statutes of the state where the witnesses or evidence are
located;
(5) if otherwise permitted by state law, recover from the affected HOUSE BILL No. 2069—page 33
licensee the costs of investigations and disposition of cases resulting
from any adverse action taken against that licensee; and
(6) take adverse action against the licensee's authorization to
practice in that state based on the factual findings of another remote
state.
(d) A licensee's home state shall complete any pending
investigation of a cosmetologist who changes such licensee's primary
state of residence during the course of the investigation. The home state
shall also have the authority to take appropriate action and promptly
report the conclusions of the investigations to the data system.
(e) If an adverse action is taken by the home state against a
licensee's multistate license, the licensee's authorization to practice in
all other member states shall be deactivated until all encumbrances
have been removed from the home state license. All home state
disciplinary orders that impose an adverse action against a licensee's
multistate license shall include a statement that the cosmetologist's
authorization to practice is deactivated in all member states during the
pendency of the order.
(f) Nothing in this compact shall override a member state's
authority to accept a licensee's participation in an alternative program
in lieu of adverse action. A licensee's multistate license shall be
suspended for the duration of the licensee's participation in any
alternative program.
(g) Joint investigations.
(1) In addition to the authority granted to a member state by its
respective scope of practice laws or other applicable state law, a
member state may participate with other member states in joint
investigations of licensees.
(2) Member states shall share any investigative, litigation or
compliance materials in furtherance of any joint or individual
investigation initiated under the compact.
ARTICLE 8—ACTIVE MILITARY MEMBERS AND THEIR
SPOUSES
Active military members or their spouses shall designate a home
state where the individual has a current license to practice cosmetology
in good standing. The individual may retain their home state
designation during any period of service when that individual or their
spouse is on active duty assignment.
ARTICLE 9—ESTABLISHMENT AND OPERATION OF
THE COSMETOLOGY LICENSURE COMPACT COMMISSION
(a) The compact member states create and establish a joint
government agency whose membership consists of all member states
that have enacted the compact, which shall be known as the
cosmetology licensure compact commission. The commission is an
instrumentality of the compact member states acting jointly and not an
instrumentality of any one state. The commission shall come into
existence on or after the effective date of the compact as set forth in
article 13.
(b) Membership, voting and meetings.
(1) Each member state shall have and be limited to one delegate
selected by such member state's state licensing authority.
(2) The delegate shall be an administrator of the state licensing
authority of the member state or their designee.
(3) The commission shall by rule or bylaw establish a term of
office for delegates and may by rule or bylaw establish term limits.
(4) The commission may recommend removal or suspension of
any delegate from office.
(5) A member state's state licensing authority shall fill any
vacancy of its delegate occurring on the commission within 60 days of
the vacancy. Each delegate shall be entitled to one vote on all matters
that are voted on by the commission. HOUSE BILL No. 2069—page 34
(6) The commission shall meet at least once during each calendar
year. Additional meetings may be held as set forth in the bylaws. The
commission may meet by telecommunication, video conference or
other similar electronic means.
(c) The commission shall have the following powers:
(1) Establish the fiscal year of the commission;
(2) establish code of conduct and conflict of interest policies;
(3) adopt rules and bylaws;
(4) maintain the commission's financial records in accordance
with the bylaws;
(5) meet and take such actions as are consistent with the
provisions of this compact, the commission's rules and the bylaws;
(6) initiate and conclude legal proceedings or actions in the name
of the commission, provided that the standing of any state licensing
authority to sue or be sued under applicable law shall not be affected;
(7) maintain and certify records and information provided to a
member state as the authenticated business records of the commission
and designate an agent to do so on the commission's behalf;
(8) purchase and maintain insurance and bonds;
(9) borrow, accept or contract for services of personnel, including,
but not limited to, employees of a member state;
(10) conduct an annual financial review;
(11) hire employees, elect or appoint officers, fix compensation,
define duties, grant such individuals appropriate authority to carry out
the purposes of the compact and establish the commission's personnel
policies and programs relating to conflicts of interest, qualifications of
personnel and other related personnel matters;
(12) as set forth in the commission rules, charge a fee to a licensee
for the grant of a multistate license and thereafter, as may be
established by commission rule, charge the licensee a multistate license
renewal fee for each renewal period. Nothing herein shall be construed
to prevent a home state from charging a licensee a fee for a multistate
license or renewals of a multistate license or a fee for the jurisprudence
requirement if the member state imposes such a requirement for the
grant of a multistate license;
(13) assess and collect fees;
(14) accept any and all appropriate gifts, donations, grants of
money, other sources of revenue, equipment, supplies, materials and
services, and receive, utilize and dispose of the same, except that, at all
times, the commission shall avoid any appearance of impropriety or
conflict of interest;
(15) lease, purchase, retain, own, hold, improve or use any
property, real, personal or mixed, or any undivided interest therein;
(16) sell, convey, mortgage, pledge, lease, exchange, abandon or
otherwise dispose of any property real, personal or mixed;
(17) establish a budget and make expenditures;
(18) borrow money;
(19) appoint committees, including standing committees,
composed of members, state regulators, state legislators or their
representatives and consumer representatives and such other interested
persons as may be designated in this compact and the bylaws;
(20) provide and receive information from, and cooperate with,
law enforcement agencies;
(21) elect a chair, vice chair, secretary and treasurer and such other
officers of the commission as provided in the commission's bylaws;
(22) establish and elect an executive committee, including a chair
and a vice chair;
(23) adopt and provide an annual report to the member states;
(24) determine whether a state's adopted language is materially
different from the model compact language such that the state would
not qualify for participation in the compact; and
(25) perform such other functions as may be necessary or
appropriate to achieve the purposes of this compact.
(d) The executive committee. HOUSE BILL No. 2069—page 35
(1) The executive committee shall have the power to act on behalf
of the commission according to the terms of this compact. The powers,
duties and responsibilities of the executive committee shall include:
(A) Overseeing the day-to-day activities of the administration of
the compact including compliance with the provisions of the compact,
the commission's rules and bylaws and other such duties as deemed
necessary;
(B) recommending to the commission changes to the rules or
bylaws, changes to this compact legislation, fees charged to compact
member states, fees charged to licensees and other fees;
(C) ensuring compact administration services are appropriately
provided, including by contract;
(D) preparing and recommending the budget;
(E) maintaining financial records on behalf of the commission;
(F) monitoring compact compliance of member states and
providing compliance reports to the commission;
(G) establishing additional committees as necessary;
(H) exercising the powers and duties of the commission during the
interim between commission meetings, except for adopting or
amending rules, adopting or amending bylaws and exercising any other
powers and duties expressly reserved to the commission by rule or
bylaw; and
(I) other duties as provided in the rules or bylaws of the
commission.
(2) The executive committee shall be composed of up to seven
voting members:
(A) The chair and vice chairperson of the commission and any
other members of the commission who serve on the executive
committee shall be voting members of the executive committee.
(B) Other than the chair, vice chair, secretary and treasurer, the
commission shall elect three voting members from the current
membership of the commission.
(C) The commission may elect ex officio, nonvoting members
from a recognized national cosmetology professional association as
approved by the commission. The commission's bylaws shall identify
qualifying organizations and the manner of appointment if the number
of organizations seeking to appoint an ex officio member exceeds the
number of members specified in this article.
(3) The commission may remove any member of the executive
committee as provided in the commission's bylaws.
(4) The executive committee shall meet at least annually.
(A) Annual executive committee meetings, as well as any
executive committee meeting at which the commission does not take or
intend to take formal action on a matter for which a commission vote
would otherwise be required, shall be open to the public, except that the
executive committee may meet in a closed, non-public session of a
public meeting when dealing with any of the matters specified in article
9(f)(4).
(B) The executive committee shall give five business days
advance notice of its public meetings, posted on its website and as
determined to provide notice to persons with an interest in the public
matters that the executive committee intends to address at those
meetings.
(5) The executive committee may hold an emergency meeting
when acting for the commission to:
(A) Meet an imminent threat to public health, safety or welfare;
(B) prevent a loss of commission or member state funds; or
(C) protect public health and safety.
(e) The commission shall adopt and provide an annual report to
the member states.
(f) Meetings of the commission.
(1) All meetings of the commission that are not closed pursuant to
article 9(f)(4) shall be open to the public. Notice of public meetings
shall be posted on the commission's website at least 30 days prior to the HOUSE BILL No. 2069—page 36
public meeting.
(2) Notwithstanding article 9(f)(1), the commission may convene
an emergency public meeting by providing at least 24 hours' prior
notice on the commission's website and any other means as provided in
the commission's rules for any of the reasons it may dispense with
notice of proposed rulemaking under article 11(l). The commission's
legal counsel shall certify that one of the reasons justifying an
emergency public meeting has been met.
(3) Notice of all commission meetings shall provide the time, date
and location of the meeting, and if the meeting is to be held or
accessible via telecommunication, video conference, or other electronic
means, the notice shall include the mechanism for access to the
meeting.
(4) The commission may convene in a closed, non-public meeting
for the commission to discuss:
(A) Non-compliance of a member state with its obligations under
the compact;
(B) the employment, compensation, discipline or other matters,
practices or procedures related to specific employees or other matters
related to the commission's internal personnel practices and procedures;
(C) current or threatened discipline of a licensee by the
commission or by a member state's licensing authority;
(D) current, threatened or reasonably anticipated litigation;
(E) negotiation of contracts for the purchase, lease or sale of
goods, services or real estate;
(F) accusing any person of a crime or formally censuring any
person;
(G) trade secrets or commercial or financial information that is
privileged or confidential;
(H) information of a personal nature if disclosure would constitute
a clearly unwarranted invasion of personal privacy;
(I) investigative records compiled for law enforcement purposes;
(J) information related to any investigative reports prepared by or
on behalf of or for use of the commission or other committee charged
with responsibility of investigation or determination of compliance
issues pursuant to the compact;
(K) legal advice;
(L) matters specifically exempted from disclosure to the public by
federal or member state law; or
(M) other matters as adopted by the commission by rule. If a
meeting, or portion of a meeting, is closed, the presiding officer shall
state that such meeting will be closed and reference each relevant
exempting provision, and such reference shall be recorded in the
minutes.
(5) The commission shall keep minutes that fully and clearly
describe all matters discussed in a meeting and shall provide a full and
accurate summary of actions taken and the reasons therefore, including
a description of the views expressed. All documents considered in
connection with an action shall be identified in such minutes. All
minutes and documents of a closed meeting shall remain under seal,
subject to release only by a majority vote of the commission or order of
a court of competent jurisdiction.
(g) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization and ongoing
activities.
(2) The commission may accept any and all appropriate sources of
revenue, donations and grants of money, equipment, supplies, materials
and services.
(3) The commission may levy on and collect an annual assessment
from each member state and impose fees on licensees of member states
to whom it grants a multistate license to cover the cost of the operations
and activities of the commission and its staff, which shall be in a total
amount sufficient to cover its annual budget as approved each year for HOUSE BILL No. 2069—page 37
which revenue is not provided by other sources. The aggregate annual
assessment amount for member states shall be allocated based upon a
formula that the commission shall adopt by rule.
(4) The commission shall not incur obligations of any kind prior to
securing the funds adequate to meet the same, nor shall the commission
pledge the credit of any member states, except by and with the
authority of such member state.
(5) The commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the commission
shall be subject to the financial review and accounting procedures
established under its bylaws. All receipts and disbursements of funds
handled by the commission shall be subject to an annual financial
review by a certified or licensed public accountant, and the report of
the financial review shall be included in and become part of the annual
report of the commission.
(h) Qualified immunity, defense and indemnification.
(1) The members, officers, executive director, employees and
representatives of the commission shall be immune from suit and
liability, both personally and in their official capacity, for any claim for
damage to or loss of property or personal injury or other civil liability
caused by or arising out of any actual or alleged act, error or omission
that occurred, or that the person against whom the claim is made had a
reasonable basis for believing occurred, within the scope of
commission employment, duties or responsibilities, except that nothing
in this paragraph shall be construed to protect any such person from
suit or liability for any damage, loss, injury or liability caused by the
intentional or willful or wanton misconduct of that person. The
procurement of insurance of any type by the commission shall not in
any way compromise or limit such immunity granted in this paragraph.
(2) The commission shall defend any member, officer, executive
director, employee and representative of the commission in any civil
action seeking to impose liability arising out of any actual or alleged
act, error or omission that occurred within the scope of commission
employment, duties or responsibilities, or as determined by the
commission that the person against whom the claim is made had a
reasonable basis for believing occurred within the scope of commission
employment, duties or responsibilities, except that nothing in this
paragraph shall be construed to prohibit such person from retaining
their own counsel at their own expense and that the actual or alleged
act, error or omission did not result from such person's intentional or
willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any
member, officer, executive director, employee and representative of the
commission for the amount of any settlement or judgment obtained
against that person arising out of any actual or alleged act, error or
omission that occurred within the scope of commission employment,
duties or responsibilities, or that such person had a reasonable basis for
believing occurred within the scope of commission employment, duties
or responsibilities, if the actual or alleged act, error or omission did not
result from the intentional or willful or wanton misconduct of that
person.
(4) Nothing in this compact shall be construed as a limitation on
the liability of any licensee for professional malpractice or misconduct,
which shall be governed solely by any other applicable state laws.
(5) Nothing in this compact shall be interpreted to waive or
otherwise abrogate a member state's state action immunity or state
action affirmative defense with respect to antitrust claims under the
Sherman antitrust act of 1890, the Clayton act 15 U.S.C. §§ 17-27 or
any other state or federal antitrust or anticompetitive law or regulation.
(6) Nothing in this compact shall be construed to be a waiver of
sovereign immunity by the member states or by the commission.
ARTICLE 10—DATA SYSTEM HOUSE BILL No. 2069—page 38
(a) The commission shall provide for the development,
maintenance, operation and utilization of a coordinated database and
reporting system.
(b) The commission shall assign each applicant for a multistate
license a unique identifier, as determined by the rules of the
commission.
(c) Notwithstanding any other provision of state law to the
contrary, a member state shall submit a uniform data set to the data
system on all individuals to whom this compact is applicable as
required by the rules of the commission, including:
(1) Identifying information;
(2) licensure data;
(3) adverse actions against a license and information related
thereto;
(4) non-confidential information related to alternative program
participation, the beginning and ending dates of such participation and
other information related to such participation;
(5) any denial of application for licensure and the reason for such
denial, excluding the reporting of any criminal history record
information when prohibited by law;
(6) the existence of investigative information;
(7) the existence of current significant investigative information;
and
(8) other information that may facilitate the administration of this
compact or the protection of the public, as determined by the rules of
the commission.
(d) The records and information provided to a member state
pursuant to this compact or through the data system, when certified by
the commission or an agent thereof, shall constitute the authenticated
business records of the commission and be entitled to any associated
hearsay exception in any relevant judicial, quasi-judicial or
administrative proceedings in a member state.
(e) The existence of current significant investigative information
and the existence of investigative information pertaining to a licensee
in any member state shall only be available to other member states.
(f) It shall be the responsibility of the member states to monitor
the database to determine whether adverse action has been taken
against such a licensee or license applicant. Adverse action information
pertaining to a licensee or license applicant in any member state shall
be available to any other member state.
(g) Member states contributing information to the data system
may designate information that shall not be shared with the public
without the express permission of the contributing state.
(h) Any information submitted to the data system that is
subsequently expunged pursuant to federal law or the laws of the
member state contributing the information shall be removed from the
data system.
ARTICLE 11—RULEMAKING
(a) The commission shall adopt reasonable rules in order to
effectively and efficiently implement and administer the purposes and
provisions of the compact. A rule shall be invalid and have no force or
effect only if a court of competent jurisdiction holds that the rule is
invalid because the commission exercised its rulemaking authority in a
manner that is beyond the scope and purposes of the compact, the
powers granted under this compact or based upon another applicable
standard of review.
(b) The rules of the commission shall have the force of law in each
member state, except that where the rules of the commission conflict
with the laws of the member state that establish the member state's
scope of practice laws governing the practice of cosmetology as held
by a court of competent jurisdiction, the rules of the commission shall
be ineffective in such state to the extent of the conflict. HOUSE BILL No. 2069—page 39
(c) The commission shall exercise its rulemaking powers pursuant
to the criteria set forth in this article and the rules adopted thereunder.
Rules shall become binding as of the date specified by the commission
for each rule.
(d) If a majority of the legislatures of the member states rejects a
rule or a portion of a rule, by enactment of a statute or resolution in the
same manner used to adopt the compact within four years of the date of
adoption of the rule, then such rule shall have no further force and
effect in any member state or to any state applying to participate in the
compact.
(e) Rules shall be adopted at a regular or special meeting of the
commission.
(f) Prior to adoption of a proposed rule, the commission shall hold
a public hearing and allow persons to provide oral and written
comments, data, facts, opinions and arguments.
(g) Prior to adoption of a proposed rule by the commission and at
least 30 days in advance of the meeting at which the commission will
hold a public hearing on the proposed rule, the commission shall
provide a notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible
platform;
(2) to persons who have requested notice of the commission's
notices of proposed rulemaking; and
(3) in such other way as the commission may by rule specify.
(h) The notice of proposed rulemaking shall include:
(1) The time, date and location of the public hearing at which the
commission will hear public comments on the proposed rule and, if
different, the time, date and location of the meeting where the
commission will consider and vote on the proposed rule;
(2) if the hearing is held via telecommunication, video conference
or other electronic means, the commission shall include the mechanism
for access to the hearing in the notice of proposed rulemaking;
(3) the text of the proposed rule and the reason therefor;
(4) a request for comments on the proposed rule from any
interested person; and
(5) the manner in which interested persons may submit written
comments.
(i) All hearings shall be recorded. A copy of the recording and all
written comments and documents received by the commission in
response to the proposed rule shall be available to the public.
(j) Nothing in this article shall be construed as requiring a separate
hearing on each rule. Rules may be grouped for the convenience of the
commission at hearings required by this article.
(k) The commission shall, by majority vote of all members, take
final action on the proposed rule based on the rulemaking record and
the full text of the rule.
(1) The commission may adopt changes to the proposed rule if the
changes do not enlarge the original purpose of the proposed rule.
(2) The commission shall provide an explanation of the reasons
for substantive changes made to the proposed rule as well as reasons
for substantive changes not made that were recommended by
commenters.
(3) The commission shall determine a reasonable effective date for
the rule. Except for an emergency as provided in article 11(l), the
effective date of the rule shall not be earlier than 45 days after the
commission issues notice that it has adopted or amended such rule.
(l) Upon determination that an emergency exists, the commission
may consider and adopt an emergency rule with five days' notice, with
opportunity to comment, except the usual rulemaking procedures
provided in the compact and this article shall be retroactively applied to
the rule as soon as reasonably possible, not later than 90 days after the
effective date of the rule. For the purposes of this provision, an
emergency rule is one that shall be adopted immediately to:
(1) Meet an imminent threat to public health, safety or welfare; HOUSE BILL No. 2069—page 40
(2) prevent a loss of commission or member state funds;
(3) meet a deadline for the adoption of a rule that is established by
federal law or rule; or
(4) protect public health and safety.
(m) The commission or an authorized committee of the
commission may direct revisions to a previously adopted rule for
purposes of correcting typographical errors, errors in format, errors in
consistency or grammatical errors. Public notice of any revisions shall
be posted on the website of the commission. The revision shall be
subject to challenge by any person for a period of 30 days after posting.
The revision may be challenged only on grounds that the revision
results in a material change to a rule. A challenge shall be made in
writing and delivered to the commission prior to the end of the notice
period. If no challenge is made, the revision will take effect without
further action. If the revision is challenged, the revision may not take
effect without the approval of the commission.
(n) No member state's rulemaking requirements shall apply under
this compact.
ARTICLE 12—OVERSIGHT, DISPUTE RESOLUTION AND
ENFORCEMENT
(a) Oversight.
(1) The executive and judicial branches of state government in
each member state shall enforce this compact and take all actions
necessary and appropriate to implement the compact.
(2) Venue is proper and judicial proceedings by or against the
commission shall be brought solely and exclusively in a court of
competent jurisdiction where the principal office of the commission is
located. The commission may waive venue and jurisdictional defenses
to the extent it adopts or consents to participate in alternative dispute
resolution proceedings. Nothing in this compact shall affect or limit the
selection or propriety of venue in any action against a licensee for
professional malpractice, misconduct or any such similar matter.
(3) The commission shall be entitled to receive service of process
in any proceeding regarding the enforcement or interpretation of the
compact and shall have standing to intervene in such a proceeding for
all purposes. Failure to provide the commission service of process shall
render a judgment or order void as to the commission, this compact or
adopted rules.
(b) Default, technical assistance and termination.
(1) If the commission determines that a member state has
defaulted in the performance of its obligations or responsibilities under
this compact or adopted rules, the commission shall provide written
notice to the defaulting state. The notice of default shall describe the
default, the proposed means of curing the default, any other action that
the commission may take and offer training and specific technical
assistance regarding the default.
(2) The commission shall provide a copy of the notice of default
to the other member states.
(3) If a state in default fails to cure the default, the defaulting state
may be terminated from the compact upon an affirmative vote of a
majority of the delegates of the member states, and all rights, privileges
and benefits conferred on that state by this compact may be terminated
on the effective date of termination. A cure of the default does not
relieve the offending state of obligations or liabilities incurred during
the period of default.
(4) Termination of membership in the compact shall be imposed
only after all other means of securing compliance have been exhausted.
Notice of intent to suspend or terminate shall be given by the
commission to the governor, the majority and minority leaders of the
defaulting state's legislature, the defaulting state's state licensing
authority and each of the member states' state licensing authority.
(5) A state that has been terminated is responsible for all HOUSE BILL No. 2069—page 41
assessments, obligations and liabilities incurred through the effective
date of termination, including obligations that extend beyond the
effective date of termination.
(6) Upon the termination of a state's membership from this
compact, such state shall immediately provide notice to all licensees
who hold a multistate license within that state of such termination. The
terminated state shall continue to recognize all licenses granted
pursuant to this compact for a minimum of 180 days after the date of
said notice of termination.
(7) The commission shall not bear any costs related to a state that
is found to be in default or that has been terminated from the compact
unless agreed upon in writing between the commission and the
defaulting state.
(8) The defaulting state may appeal the action of the commission
by petitioning the United States district court for the District of
Columbia or the federal district where the commission has its principal
offices. The prevailing party shall be awarded all costs of such
litigation, including reasonable attorney fees.
(c) Dispute resolution.
(1) Upon request by a member state, the commission shall attempt
to resolve disputes related to the compact that arise among member
states and between member and non-member states.
(2) The commission shall adopt a rule providing for both
mediation and binding dispute resolution for disputes as appropriate.
(d) Enforcement.
(1) The commission, in the reasonable exercise of its discretion,
shall enforce the provisions of this compact and the commission's rules.
(2) By majority vote as provided by commission rule, the
commission may initiate legal action against a member state in default
in the United States district court for the District of Columbia or the
federal district where the commission has its principal offices to
enforce compliance with the provisions of the compact and its adopted
rules. The relief sought may include both injunctive relief and damages.
In the event that judicial enforcement is necessary, the prevailing party
shall be awarded all costs of such litigation, including reasonable
attorney fees. The remedies in this compact shall not be the exclusive
remedies of the commission. The commission may pursue any other
remedies available under federal or the defaulting member state's law.
(3) A member state may initiate legal action against the
commission in the United States district court for the District of
Columbia or the federal district where the commission has its principal
offices to enforce compliance with the provisions of the compact and
its adopted rules. The relief sought may include both injunctive relief
and damages. In the event that judicial enforcement is necessary, the
prevailing party shall be awarded all costs of such litigation, including
reasonable attorney fees.
(4) No individual or entity other than a member state may enforce
this compact against the commission.
ARTICLE 13—EFFECTIVE DATE, WITHDRAWAL AND
AMENDMENT
(a) The compact shall come into effect on the date that the
compact statute is enacted into law in the seventh member state. On or
after the effective date of the compact, the commission shall convene
and review the enactment of each of the charter member states to
determine if the statute enacted by each such charter member state is
materially different than the model compact statute.
(1) A charter member state whose enactment is found to be
materially different from the model compact statute shall be entitled to
the default process set forth in article 12.
(2) If any member state is later found to be in default, or is
terminated or withdraws from the compact, the commission shall
remain in existence, and the compact shall remain in effect even if the HOUSE BILL No. 2069—page 42
number of member states should be fewer than seven.
(3) Member states enacting the compact subsequent to the charter
member states shall be subject to the process set forth in article 9(c)(24)
to determine if such enactments are materially different from the model
compact statute and whether the enactments qualify for participation in
the compact.
(4) All actions taken for the benefit of the commission or in
furtherance of the purposes of the administration of the compact prior
to the effective date of the compact or the commission coming into
existence shall be considered to be actions of the commission unless
specifically repudiated by the commission.
(5) Any state that joins the compact shall be subject to the
commission's rules and bylaws as they exist on the date that the
compact becomes law in that state. Any rule that has been previously
adopted by the commission shall have the full force and effect of law
on the date that the compact becomes law in that state.
(b) Any member state may withdraw from this compact by
enacting a statute repealing that state's enactment of the compact.
(1) A member state's withdrawal shall not take effect until 180
days after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the
withdrawing state's state licensing authority to comply with the
investigative and adverse action reporting requirements of this compact
prior to the effective date of withdrawal.
(3) Upon the enactment of a statute withdrawing from this
compact, a state shall immediately provide notice of such withdrawal to
all licensees within that state. Notwithstanding any subsequent
statutory enactment to the contrary, such withdrawing state shall
continue to recognize all licenses granted pursuant to this compact for a
minimum of 180 days after the date of such notice of withdrawal.
(c) Nothing contained in this compact shall be construed to
invalidate or prevent any licensure agreement or other cooperative
arrangement between a member state and a non-member state that does
not conflict with the provisions of this compact.
(d) This compact may be amended by the member states. No
amendment to this compact shall become effective and binding upon
any member state until it is enacted into the laws of all member states.
ARTICLE 14—CONSTRUCTION AND SEVERABILITY
(a) This compact and the commission's rulemaking authority shall
be liberally construed so as to effectuate the purposes and the
implementation and administration of the compact. Provisions of the
compact expressly authorizing or requiring the adoption of rules shall
not be construed to limit the commission's rulemaking authority solely
for those purposes.
(b) The provisions of this compact shall be severable and if any
phrase, clause, sentence or provision of this compact is held by a court
of competent jurisdiction to be contrary to the constitution of any
member state, a state seeking participation in the compact or of the
United States or the applicability thereof to any government, agency,
person or circumstance is held to be unconstitutional by a court of
competent jurisdiction, the validity of the remainder of this compact
and the applicability thereof to any other government, agency, person
or circumstance shall not be affected thereby.
(c) Notwithstanding article 14(b), the commission may deny a
state's participation in the compact or terminate a member state's
participation in the compact, in accordance with the requirements of
article 12, if the commission determines that a constitutional
requirement of a member state is a material departure from the
compact. Otherwise, if this compact shall be held to be contrary to the
constitution of any member state, the compact shall remain in full force
and effect as to the remaining member states and in full force and effect
as to the member state affected as to all severable matters. HOUSE BILL No. 2069—page 43
ARTICLE 15—CONSISTENT EFFECT AND CONFLICT
WITH OTHER STATE LAWS
(a) Nothing in this compact shall prevent or inhibit the
enforcement of any other law of a member state that is not inconsistent
with the compact.
(b) Any laws, statutes, regulations or other legal requirements in a
member state in conflict with the compact are superseded to the extent
of the conflict.
(c) All permissible agreements between the commission and the
member states are binding in accordance with their terms.
Sec. 4.
SECTION 1—PURPOSE
In order to strengthen access to medical services and in recognition
of the advances in the delivery of medical services, the participating
states of the PA licensure compact have allied in common purpose to
develop a comprehensive process that complements the existing
authority of state licensing boards to license and discipline PAs and
seeks to enhance the portability of a license to practice as a PA while
safeguarding the safety of patients. This compact allows medical
services to be provided by PAs, via the mutual recognition of the
licensee's qualifying license by other compact-participating states. This
compact also adopts the prevailing standard for PA licensure and
affirms that the practice and delivery of medical services by the PA
occurs where the patient is located at the time of the patient encounter
and, therefore, requires the PA to be under the jurisdiction of the state
licensing board where the patient is located. State licensing boards that
participate in this compact retain the jurisdiction to impose adverse
action against a compact privilege in that state issued to a PA through
the procedures of this compact. The PA licensure compact will alleviate
burdens for military families by allowing active duty military personnel
and their spouses to obtain a compact privilege based on having an
unrestricted license in good standing from a participating state.
SECTION 2—DEFINITIONS
As used in this compact:
(a) "Adverse action" means any administrative, civil, equitable or
criminal action permitted by a state's laws that is imposed by a
licensing board or other authority against a PA license, application for
licensure or compact privilege such as license denial, censure,
revocation, suspension, probation, monitoring of the licensee or
restriction on the licensee's practice.
(b) "Compact privilege" means the authorization granted by a
remote state to allow a licensee from another participating state to
practice as a PA to provide medical services and other licensed activity
to a patient located in the remote state under the remote state's laws and
regulations.
(c) "Conviction" means a finding by a court that an individual is
guilty of a felony or misdemeanor offense through adjudication or entry
of a guilty plea or no contest to the charge by the offender.
(d) "Criminal background check" means the submission of
fingerprints or other biometric-based information for an applicant for
licensure for the purpose of obtaining that applicant's criminal history
record information, as defined in 28 C.F.R. § 20.3(d), from the state's
criminal history record repository as defined in 28 C.F.R. § 20.3(f).
(e) "Data system" means the repository of information concerning
licensees, including, but not limited to, license status and adverse
actions, that is created and administered under the terms of this
compact.
(f) "Executive committee" means a group of directors and ex
officio individuals elected or appointed pursuant to section 7(f)(2). HOUSE BILL No. 2069—page 44
(g) "Impaired practitioner" means a PA whose practice is
adversely affected by a health-related condition that impacts such PA's
ability to practice.
(h) "Investigative information" means information, records or
documents received or generated by a licensing board pursuant to an
investigation.
(i) "Jurisprudence requirement" means the assessment of an
individual's knowledge of the laws and rules governing the practice of a
PA in a state.
(j) "License" means current authorization by a state, other than
authorization pursuant to a compact privilege, for a PA to provide
medical services that would be unlawful without current authorization.
(k) "Licensee" means an individual who holds a license from a
state to provide medical services as a PA.
(l) "Licensing board" means any state entity authorized to license
and otherwise regulate PAs.
(m) "Medical services" means healthcare services provided for the
diagnosis, prevention, treatment, cure or relief of a health condition,
injury or disease, as defined by a state's laws and regulations.
(n) "Model compact" means the model for the PA licensure
compact on file with the council of state governments or other entity as
designated by the commission.
(o) "PA" means an individual who is licensed as a physician
assistant in a state. For purposes of this compact, any other title or
status adopted by a state to replace the term "physician assistant" shall
be deemed synonymous with "physician assistant" and shall confer the
same rights and responsibilities to the licensee under the provisions of
this compact at the time of its enactment.
(p) "PA licensure compact commission," "compact commission"
or "commission" means the national administrative body created
pursuant to section 7(a).
(q) "Participating state" means a state that has enacted this
compact.
(r) "Qualifying license" means an unrestricted license issued by a
participating state to provide medical services as a PA.
(s) "Remote state" means a participating state where a licensee
who is not licensed as a PA is exercising or seeking to exercise the
compact privilege.
(t) "Rule" means any rule or regulation adopted by an entity that
has the force and effect of law.
(u) "Significant investigative information" means investigative
information that a licensing board, after an inquiry or investigation that
includes notification and an opportunity for the PA to respond if
required by state law, has reason to believe is not groundless and, if
proven true, would indicate more than a minor infraction.
(v) "State" means any state, commonwealth, district or territory of
the United States.
SECTION 3—STATE PARTICIPATION IN THIS COMPACT
(a) To participate in this compact, a participating state shall:
(1) License PAs;
(2) participate in the compact commission's data system;
(3) have a mechanism in place for receiving and investigating
complaints against licensees and applicants for licensure;
(4) notify the commission, in compliance with the terms of this
compact and commission rules, of any adverse action against a licensee
or applicant for licensure and the existence of significant investigative
information regarding a licensee or applicant for licensure;
(5) fully implement a criminal background check requirement,
within a time frame established by commission rule, by its licensing
board receiving the results of a criminal background check and
reporting to the commission whether the applicant for licensure has
been granted a license; HOUSE BILL No. 2069—page 45
(6) comply with the rules of the compact commission;
(7) utilize passage of a recognized national examination such as
the NCCPA PANCE as a requirement for PA licensure; and
(8) grant the compact privilege to a holder of a qualifying license
in a participating state.
(b) Nothing in this compact shall be construed to prohibit a
participating state from charging a fee for granting the compact
privilege.
SECTION 4—COMPACT PRIVILEGE
(a) To exercise the compact privilege, a licensee shall:
(1) Have graduated from a PA program accredited by the
accreditation review commission on education for the physician
assistant, inc., or other programs authorized by commission rule;
(2) hold current NCCPA certification;
(3) have no felony or misdemeanor convictions;
(4) have never had a controlled substance license, permit or
registration suspended or revoked by a state or by the United States
drug enforcement administration;
(5) have a unique identifier as determined by commission rule;
(6) hold a qualifying license;
(7) have had no revocation of a license or limitation or restriction
on any license currently held due to an adverse action;
(A) if a licensee has had a limitation or restriction on a license or
compact privilege due to an adverse action, two years shall have
elapsed from the date on which the license or compact privilege is no
longer limited or restricted due to the adverse action;
(B) if a compact privilege has been revoked or is limited or
restricted in a participating state for conduct that would not be a basis
for disciplinary action in a participating state in which the licensee is
practicing or applying to practice under a compact privilege, that
participating state shall have the discretion not to consider such action
as an adverse action requiring the denial or removal of a compact
privilege in that state;
(8) notify the compact commission that the licensee is seeking the
compact privilege in a remote state;
(9) meet any jurisprudence requirement of a remote state in which
the licensee is seeking to practice under the compact privilege and pay
any fees applicable to satisfying the jurisprudence requirement; and
(10) report to the commission any adverse action taken by a
nonparticipating state within 30 days after such adverse action is taken.
(b) The compact privilege shall be valid until the expiration or
revocation of the qualifying license unless terminated pursuant to an
adverse action. The licensee shall comply with the requirements of
subsection (a) to maintain the compact privilege in a remote state. If the
participating state takes adverse action against a qualifying license, the
licensee shall lose the compact privilege in any remote state in which
the licensee has a compact privilege until the licensee meets the
following conditions:
(1) The license is no longer limited or restricted; and
(2) two years have elapsed from the date on which the license is
no longer limited or restricted due to the adverse action.
(c) Once a restricted or limited license satisfies the requirements
of subsection (b), the licensee shall meet the requirements of subsection
(a) to obtain a compact privilege in any remote state.
(d) For each remote state in which a PA seeks authority to
prescribe controlled substances, the PA shall satisfy all the requirements
imposed by such state in granting or renewing such authority.
SECTION 5—DESIGNATION OF THE STATE FROM WHICH
THE LICENSEE IS APPLYING FOR A COMPACT PRIVILEGE
Upon a licensee's application for a compact privilege, the licensee
shall identify to the commission the participating state from which the HOUSE BILL No. 2069—page 46
licensee is applying, in accordance with applicable rules adopted by the
commission and subject to the following requirements:
(a) When applying for a compact privilege, the licensee shall
provide the commission with the address of the licensee's primary
residence and, thereafter, shall immediately report to the commission
any change in the address of the licensee's primary residence; and
(b) when applying for a compact privilege, the licensee is required
to consent to accept service of process by mail at the licensee's primary
residence on file with the commission with respect to any action
brought against the licensee by the commission or a participating state,
including a subpoena, with respect to any action brought or
investigation conducted by the commission or a participating state.
SECTION 6—ADVERSE ACTIONS
(a) A participating state in which a licensee is licensed shall have
exclusive power to impose adverse action against the qualifying license
issued by that participating state.
(b) In addition to the other powers conferred by state law, a remote
state shall have the authority, in accordance with existing state due
process law, to:
(1) Take adverse action against a PA's compact privilege within
that state to remove a licensee's compact privilege or take other action
necessary under applicable law to protect the health and safety of its
citizens; and
(2) issue subpoenas for both hearings and investigations that
require the attendance and testimony of witnesses as well as the
production of evidence. Subpoenas issued by a licensing board in a
participating state for the attendance and testimony of witnesses or the
production of evidence from another participating state shall be
enforced in the latter state by any court of competent jurisdiction,
according to the practice and procedure of such court applicable to
subpoenas issued in proceedings pending before it. The issuing
authority shall pay any witness fees, travel expenses, mileage and other
fees required by the service statutes of the state in which the witnesses
or evidence is located.
(c) Notwithstanding subsection (b)(2), subpoenas shall not be
issued by a participating state to gather evidence of conduct in another
state that is lawful in such other state for the purpose of taking adverse
action against a licensee's compact privilege or application for a
compact privilege in the participating state.
(d) Nothing in this compact shall be deemed to authorize a
participating state to impose discipline against a PA's compact privilege
or to deny an application for a compact privilege in that participating
state for the individual's otherwise lawful practice in another state.
(e) For purposes of taking adverse action, the participating state
that issued the qualifying license shall give the same priority and effect
to reported conduct received from any other participating state as it
would if the conduct had occurred within the participating state that
issued the qualifying license. The participating state shall apply its own
state laws to determine appropriate action.
(f) A participating state, if otherwise permitted by state law, may
recover from the affected PA the costs of investigations and disposition
of cases resulting from any adverse action taken against that PA.
(g) A participating state may take adverse action based on the
factual findings of a remote state if the participating state follows its
own procedures for taking the adverse action.
(h) Joint investigations.
(1) In addition to the authority granted to a participating state by
such state's PA laws and regulations or other applicable state law, any
participating state may participate with other participating states in joint
investigations of licensees.
(2) Participating states shall share any investigative, litigation or
compliance materials in furtherance of any joint or individual HOUSE BILL No. 2069—page 47
investigation initiated under this compact.
(i) If an adverse action is taken against a PA's qualifying license,
the PA's compact privilege in all remote states shall be deactivated until
two years have elapsed after all restrictions have been removed from
the state license. All disciplinary orders by the participating state that
issued the qualifying license that impose adverse action against a PA's
license shall include a statement that the PA's compact privilege is
deactivated in all participating states during the pendency of the order.
(j) If any participating state takes adverse action, it promptly shall
notify the administrator of the data system.
SECTION 7—ESTABLISHMENT OF THE PA LICENSURE
COMPACT COMMISSION
(a) The participating states hereby create and establish a joint
government agency and national administrative body known as the PA
licensure compact commission. The commission is an instrumentality
of the compact states acting jointly and not an instrumentality of any
one state. The commission shall come into existence on or after the
effective date of the compact as set forth in section 11(a).
(b) Membership, voting and meetings.
(1) Each participating state shall have and be limited to one
delegate selected by such participating state's licensing board or, if such
participating state has more than one licensing board, selected
collectively by the participating state's licensing boards.
(2) A delegate shall be either:
(A) A current PA, physician or public member of a licensing board
or PA council or committee; or
(B) an administrator of a licensing board.
(3) Any delegate may be removed or suspended from office as
provided by the laws of the state from which the delegate is appointed.
(4) The participating state licensing board shall fill any vacancy
occurring in the commission within 60 days.
(5) Each delegate shall be entitled to one vote on all matters voted
on by the commission and shall otherwise have an opportunity to
participate in the commission's business and affairs. A delegate shall
vote in person or by such other means as provided in the bylaws. The
bylaws may provide for delegates' participation in meetings by
telecommunications, video conference or other means of
communication.
(6) The commission shall meet at least once during each calendar
year. Additional meetings shall be held as set forth in this compact and
the bylaws.
(7) The commission shall establish by rule a term of office for
delegates.
(c) The commission shall have the following powers and duties:
(1) Establish a code of ethics for the commission;
(2) establish the fiscal year of the commission;
(3) establish fees;
(4) establish bylaws;
(5) maintain its financial records in accordance with the bylaws;
(6) meet and take such actions as are consistent with the
provisions of this compact and the bylaws;
(7) adopt rules to facilitate and coordinate implementation and
administration of this compact, and such rules shall have the force and
effect of law and shall be binding in all participating states;
(8) bring and prosecute legal proceedings or actions in the name of
the commission, except that the standing of any state licensing board to
sue or be sued under applicable law shall not be affected;
(9) purchase and maintain insurance and bonds;
(10) borrow, accept or contract for services of personnel,
including, but not limited to, employees of a participating state;
(11) hire employees and engage contractors, elect or appoint
officers, fix compensation, define duties, grant such individuals HOUSE BILL No. 2069—page 48
appropriate authority to carry out the purposes of this compact and
establish the commission's personnel policies and programs relating to
conflicts of interest, qualifications of personnel and other related
personnel matters;
(12) accept any and all appropriate donations and grants of money,
equipment, supplies, materials and services and receive, utilize and
dispose of the same. At all times the commission shall avoid any
appearance of impropriety or conflict of interest;
(13) lease, purchase, accept appropriate gifts or donations of or
otherwise own, hold, improve or use any property real, personal or
mixed. In performing these actions, the commission shall avoid the
appearance of impropriety at all times;
(14) sell, convey, mortgage, pledge, lease, exchange, abandon or
otherwise dispose of any property real, personal or mixed;
(15) establish a budget and make expenditures;
(16) borrow money;
(17) appoint committees, including standing committees
composed of members, state regulators, state legislators or their
representatives, consumer representatives and such other interested
persons as may be designated in this compact and the bylaws;
(18) provide and receive information from, and cooperate with,
law enforcement agencies;
(19) elect a chairperson, vice chairperson, secretary and treasurer
and such other officers of the commission as provided in the
commission's bylaws;
(20) reserve for itself, in addition to those reserved exclusively to
the commission under the compact, powers that the executive
committee shall not exercise;
(21) approve or disapprove a state's participation in the compact
based upon its determination as to whether the state's compact
legislation materially departs from the model compact language;
(22) prepare and provide to the participating states an annual
report; and
(23) perform such other functions as may be necessary or
appropriate to achieve the purposes of this compact, consistent with the
state regulation of PA licensure and practice.
(d) Meetings of the commission.
(1) All meetings of the commission that are not closed pursuant to
this subsection shall be open to the public. Notice of public meetings
shall be posted on the commission's website at least 30 days prior to the
public meeting.
(2) Notwithstanding subsection (d)(1), the commission may
convene a public meeting by providing at least 24 hours' prior notice on
the commission's website and any other means as provided in the
commission's rules for any of the reasons it may dispense, with notice
of proposed rulemaking under section 9(l).
(3) The commission may convene in a closed, nonpublic meeting
or nonpublic part of a public meeting to receive legal advice or to
discuss:
(A) Noncompliance of a participating state with its obligations
under this compact;
(B) the employment, compensation, discipline or other matters,
practices or procedures related to specific employees or other matters
related to the commission's internal personnel practices and procedures;
(C) any current, threatened or reasonably anticipated litigation;
(D) the negotiation of contracts for the purchase, lease or sale of
goods, services or real estate;
(E) the accusation of any individual of a crime or the formal
censure any individual;
(F) the disclosure of trade secrets or commercial or financial
information that is privileged or confidential;
(G) the disclosure of information of a personal nature, if
disclosure would constitute a clearly unwarranted invasion of personal
privacy; HOUSE BILL No. 2069—page 49
(H) the disclosure of investigative records compiled for law
enforcement purposes;
(I) the disclosure of information related to any investigative
reports prepared by or on behalf of or for use of the commission or
other committee charged with the responsibility of investigation or
determination of compliance issues pursuant to this compact;
(J) legal advice; or
(K) any matters specifically exempted from disclosure by federal
or a participating state's statutes.
(4) If a meeting, or portion of a meeting, is closed pursuant to
subsection (d)(3), the chairperson of the meeting or the chairperson's
designee shall certify that the meeting or portion of the meeting may be
closed and shall reference each relevant exempting provision.
(5) The commission shall keep minutes that fully and clearly
describe all matters discussed in a meeting and shall provide a full and
accurate summary of actions taken, including a description of the views
expressed. All documents considered in connection with an action shall
be identified in such minutes. All minutes and documents of a closed
meeting shall remain under seal, subject to release by a majority vote of
the commission or order of a court of competent jurisdiction.
(e) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization and ongoing
activities.
(2) The commission may accept any and all appropriate revenue
sources, donations and grants of money, equipment, supplies, materials
and services.
(3) The commission may levy on and collect an annual assessment
from each participating state and may impose compact privilege fees on
licensees of participating states to which a compact privilege is granted
to cover the cost of the operations and activities of the commission and
its staff. Such assessment shall be in a total amount sufficient to cover
the commission's annual budget as approved by the commission each
year for which revenue is not provided by other sources. The aggregate
annual assessment amount levied on participating states shall be
allocated based upon a formula to be determined by commission rule.
Compact privileges and such compact privilege's associated fees shall
be governed as follows:
(A) A compact privilege expires when the licensee's qualifying
license in the participating state from which the licensee applied for the
compact privilege expires; and
(B) if the licensee terminates the qualifying license through which
the licensee applied for the compact privilege before its scheduled
expiration and the licensee has a qualifying license in another
participating state, the licensee shall inform the commission that it is
changing to that participating state through which it applies for a
compact privilege to that participating state and pay to the commission
any compact privilege fee required by commission rule.
(4) The commission shall not incur obligations of any kind prior to
securing the funds adequate to meet such obligations, nor shall the
commission pledge the credit of any of the participating states, except
by and with the authority of the participating state.
(5) The commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the commission
shall be subject to the financial review and accounting procedures
established under its bylaws. All receipts and disbursements of funds
handled by the commission shall be subject to an annual financial
review by a certified or licensed public accountant, and the report of
the financial review shall be included in and become part of the annual
report of the commission.
(f) The executive committee.
(1) The executive committee shall have to power to act on behalf
of the commission according to the terms of this compact and
commission rules. HOUSE BILL No. 2069—page 50
(2) The executive committee shall be composed of nine members
described as follows:
(A) Seven voting members who are elected by the commission
from the current membership of the commission;
(B) (i) (a) one ex officio, nonvoting member from a recognized
national PA professional association; and
(b) one ex officio, nonvoting member from a recognized national
PA certification organization.
(ii) The ex officio members shall be selected by their respective
organizations.
(3) The commission may remove any member of the executive
committee as provided in its bylaws.
(4) The executive committee shall meet at least annually.
(5) The executive committee shall have the following duties and
responsibilities:
(A) Recommend to the commission changes to the commission's
rules or bylaws, changes to this compact legislation, fees to be paid by
compact-participating states such as annual dues and any commission
compact fee charged to licensees for the compact privilege;
(B) ensure that compact administration services are appropriately
provided, whether contractual or otherwise;
(C) prepare and recommend the budget;
(D) maintain financial records on behalf of the commission;
(E) monitor compact compliance of participating states and
provide compliance reports to the commission;
(F) establish additional committees as necessary;
(G) exercise the powers and duties of the commission during the
interim between commission meetings, except for issuing proposed
rulemaking or adopting commission rules or bylaws or exercising any
other powers and duties exclusively reserved to the commission by the
commission's rules; and
(H) perform other duties as provided in the commission's rules or
bylaws.
(6) All meetings of the executive committee at which it votes or
plans to vote on matters in exercising the powers and duties of the
commission shall be open to the public and public notice of such
meetings shall be given as public meetings of the commission are
given.
(7) The executive committee may convene in a closed, nonpublic
meeting for the same reasons that the commission may convene in a
nonpublic meeting as set forth in subsection (d)(3), and shall announce
the closed meeting as the commission is required to do under
subsection (d)(4) and keep minutes of the closed meeting as the
commission is required to do under subsection (d)(5).
(g) Qualified immunity, defense and indemnification.
(1) The members, officers, executive director, employees and
representatives of the commission shall be immune from suit and
liability, both personally and in their official capacity, for any claim for
damage to or loss of property or personal injury or other civil liability
caused by or arising out of any actual or alleged act, error or omission
that occurred or that the individual against whom the claim is made had
a reasonable basis for believing occurred within the scope of
commission employment, duties or responsibilities. Nothing in this
paragraph shall be construed to protect any such individual from suit or
liability for any damage, loss, injury or liability caused by the
intentional or willful or wanton misconduct of such individual. The
procurement of insurance of any type by the commission shall not in
any way compromise or limit the immunity granted hereunder.
(2) The commission shall defend any member, officer, executive
director, employee, and representative of the commission in any civil
action seeking to impose liability arising out of any actual or alleged
act, error or omission that occurred within the scope of commission
employment, duties or responsibilities or as determined by the
commission that the individual against whom the claim is made had a HOUSE BILL No. 2069—page 51
reasonable basis for believing occurred within the scope of commission
employment, duties or responsibilities. Nothing herein shall be
construed to prohibit such individual from retaining such individual's
own counsel at the individual's own expense or that the actual or
alleged act, error or omission did not result from the individual's
intentional, willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any
member, officer, executive director, employee or representative of the
commission for the amount of any settlement or judgment obtained
against that individual arising out of any actual or alleged act, error or
omission that occurred within the scope of commission employment,
duties or responsibilities or that such individual had a reasonable basis
for believing occurred within the scope of commission employment,
duties or responsibilities, if the actual or alleged act, error or omission
did not result from the intentional or willful or wanton misconduct of
that individual.
(4) Venue is proper and judicial proceedings by or against the
commission shall be brought solely and exclusively in a court of
competent jurisdiction where the principal office of the commission is
located. The commission may waive venue and jurisdictional defenses
in any proceedings as authorized by commission rules.
(5) Nothing in this compact shall be construed as a limitation on
the liability of any licensee for professional malpractice or misconduct,
which shall be governed solely by any other applicable state laws.
(6) Nothing in this compact shall be construed to designate the
venue or jurisdiction to bring actions for alleged acts of malpractice,
professional misconduct, negligence or other such civil action
pertaining to the practice of a PA. All such matters shall be determined
exclusively by state law other than this compact.
(7) Nothing in this compact shall be interpreted to waive or
otherwise abrogate a participating state's state action immunity or state
action affirmative defense with respect to antitrust claims under the
Sherman act, Clayton act or any other state or federal antitrust or
anticompetitive law or regulation.
(8) Nothing in this compact shall be construed to be a waiver of
sovereign immunity by the participating states or by the commission.
SECTION 8—DATA SYSTEM
(a) The commission shall provide for the development,
maintenance, operation and utilization of a coordinated data and
reporting system containing licensure, adverse action and the reporting
of the existence of significant investigative information on all licensed
PAs and applicants that are denied a license in participating states.
(b) Notwithstanding any other state law to the contrary, a
participating state shall submit a uniform data set to the data system on
all PAs to whom this compact is applicable, utilizing a unique
identifier, as required by the rules of the commission, including:
(1) Identifying information;
(2) licensure data;
(3) adverse actions against a license or compact privilege;
(4) any denial of application for licensure and the reason for such
denial, excluding the reporting of any criminal history record
information where such reporting is prohibited by law;
(5) the existence of significant investigative information; and
(6) other information that may facilitate the administration of this
compact, as determined by the rules of the commission.
(c) Significant investigative information pertaining to a licensee in
any participating state shall only be available to other participating
states.
(d) The commission shall promptly notify all participating states
of any adverse action taken against a licensee or an individual applying
for a license that has been reported to such commission. Such adverse
action information shall be available to any other participating state. HOUSE BILL No. 2069—page 52
(e) Participating states contributing information to the data system
may, in accordance with state or federal law, designate information that
shall not be shared with the public without the express permission of
the contributing state. Notwithstanding any such designation, such
information shall be reported to the commission through the data
system.
(f) Any information submitted to the data system that is
subsequently expunged pursuant to federal law or the laws of the
participating state contributing the information shall be removed from
the data system upon reporting of such by the participating state to the
commission.
(g) The records and information provided to a participating state
pursuant to this compact or through the data system, when certified by
the commission or an agent thereof, shall constitute the authenticated
business records of the commission and shall be entitled to any
associated hearsay exception in any relevant judicial, quasi-judicial or
administrative proceedings in a participating state.
SECTION 9—RULEMAKING
(a) The commission shall exercise its rulemaking powers pursuant
to the criteria set forth in this section and the rules adopted thereunder.
Commission rules shall become binding as of the date specified by the
commission for each rule.
(b) The commission shall adopt reasonable rules in order to
effectively and efficiently implement and administer this compact and
achieve its purposes. A commission rule shall be invalid and have no
force or effect only if a court of competent jurisdiction holds that the
rule is invalid because the commission exercised its rulemaking
authority in a manner that is beyond the scope of the purposes of this
compact, the powers granted hereunder or based upon another
applicable standard of review.
(c) The rules of the commission shall have the force of law in each
participating state, except that where the rules of the commission
conflict with the laws of the participating state that establish the
medical services, a PA may perform in the participating state, as held
by a court of competent jurisdiction, and the rules of the commission
shall be ineffective in that state to the extent of the conflict.
(d) If a majority of the legislatures of the participating states
rejects a commission rule, by enactment of a statute or resolution in the
same manner used to adopt this compact within four years of the date
of adoption of the rule, then such rule shall have no further force and
effect in any participating state or to any state applying to participate in
the compact.
(e) Commission rules shall be adopted at a regular or special
meeting of the commission.
(f) Prior to adoption of a final rule by the commission and at least
30 days in advance of the meeting at which the rule will be considered
and voted upon, the commission shall file a notice of proposed
rulemaking:
(1) On the commission's website or other publicly accessible
platform;
(2) to persons who have requested notice of the commission's
notices of proposed rulemaking; and
(3) in such other ways as the commission may specify by rule.
(g) The notice of proposed rulemaking shall include:
(1) The time, date and location of the public hearing on the
proposed rule and the proposed time, date and location of the meeting
in which the proposed rule will be considered and voted upon;
(2) the text of and the reason for the proposed rule;
(3) a request for comments on the proposed rule from any
interested person and the date by which written comments must be
received; and
(4) the manner in which interested persons may submit notice to HOUSE BILL No. 2069—page 53
the commission of their intention to attend the public hearing or
provide any written comments.
(h) Prior to adoption of a proposed rule, the commission shall
allow persons to submit written data, facts, opinions and arguments,
which shall be made available to the public.
(i) If the hearing is to be held via electronic means, the
commission shall publish the mechanism for access to the electronic
hearing.
(1) All persons wishing to be heard at the hearing shall, as directed
in the notice of proposed rulemaking published not less than five
business days before the scheduled date of the hearing, notify the
commission of their desire to appear and testify at the hearing.
(2) Hearings shall be conducted in a manner that provides each
person who wishes to comment a fair and reasonable opportunity to
comment orally or in writing.
(3) All hearings shall be recorded. A copy of the recording and the
written comments, data, facts, opinions and arguments received in
response to the proposed rulemaking shall be made available to a
person upon request.
(4) Nothing in this section shall be construed as requiring a
separate hearing on each proposed rule. Proposed rules may be grouped
for the convenience of the commission at hearings required by this
section.
(j) Following the public hearing, the commission shall consider all
written and oral comments timely received.
(k) The commission shall, by majority vote of all delegates, take
final action on the proposed rule and shall determine the effective date
of the rule, if adopted, based on the rulemaking record and the full text
of the rule.
(1) If adopted, the rule shall be posted on the commission's
website.
(2) The commission may adopt changes to the proposed rule if the
changes do not expand the original purpose of the proposed rule.
(3) The commission shall provide an explanation on its website of
the reasons for any substantive changes made to the proposed rule as
well as reasons for any substantive changes not made that were
recommended by commenters.
(4) The commission shall determine a reasonable effective date for
the rule. Except for an emergency as provided in subsection (l), the
effective date of the rule shall be not sooner than 30 days after the
commission issued the notice that it adopted the rule.
(l) Upon the determination that an emergency exists, the
commission may consider and adopt an emergency rule with 24 hours'
prior notice, without the opportunity for comment or hearing, expect
that the usual rulemaking procedures provided in this compact and in
this section shall be retroactively applied to the rule as soon as
reasonably possible but in no event later than 90 days after the effective
date of the rule. For the purposes of this provision, an emergency rule is
one that shall be adopted immediately by the commission in order to:
(1) Address an imminent threat to public health, safety or welfare;
(2) prevent a loss of commission or participating state funds;
(3) meet a deadline for the adoption of a commission rule that is
established by federal law or rule; or
(4) protect public health and safety.
(m) The commission, or an authorized committee of the
commission, may direct revisions to a previously adopted commission
rule for purposes of correcting typographical errors, errors in format,
errors in consistency or grammatical errors. Public notice of any
revisions shall be posted on the commission's website. The revision
shall be subject to challenge by any person for a period of 30 days after
posting. The revision may be challenged only on grounds that the
revision results in a material change to a rule. A challenge shall be
made as set forth in the notice of revisions and delivered to the
commission prior to the end of the notice period. If no challenge is HOUSE BILL No. 2069—page 54
made, the revision shall take effect without further action. If the
revision is challenged, the revision shall not take effect without the
approval of the commission.
(n) No participating state's rulemaking requirements shall apply
under this compact.
SECTION 10—OVERSIGHT, DISPUTE RESOLUTION
AND ENFORCEMENT
(a) Oversight.
(1) The executive and judicial branches of state government in
each participating state shall enforce this compact and take all actions
necessary and appropriate to implement the compact.
(2) Venue is proper and judicial proceedings by or against the
commission shall be brought solely and exclusively in a court of
competent jurisdiction where the principal office of the commission is
located. The commission may waive venue and jurisdictional defenses
to the extent that it adopts or consents to participate in alternative
dispute resolution proceedings. Nothing herein shall affect or limit the
selection or propriety of venue in any action against a licensee for
professional malpractice, misconduct or any such similar matter.
(3) The commission shall be entitled to receive service of process
in any proceeding regarding the enforcement or interpretation of the
compact or the commission's rules and shall have standing to intervene
in such a proceeding for all purposes. Failure to provide the
commission with service of process shall render a judgment or order in
such proceeding void as to the commission, this compact or
commission rules.
(b) Default, technical assistance and termination.
(1) If the commission determines that a participating state has
defaulted in the performance of its obligations or responsibilities under
this compact or the commission rules, the commission shall provide
written notice to the defaulting state and other participating states. The
notice shall describe the default, the proposed means of curing the
default and any other action that the commission may take and shall
offer remedial training and specific technical assistance regarding the
default.
(2) If a state in default fails to cure the default, the defaulting state
may be terminated from this compact upon an affirmative vote of a
majority of the delegates of the participating states, and all rights,
privileges and benefits conferred by this compact upon such state may
be terminated on the effective date of termination. A cure of the default
shall not relieve the offending state of obligations or liabilities incurred
during the period of default.
(3) Termination of participation in this compact shall be imposed
only after all other means of securing compliance have been exhausted.
Notice of intent to suspend or terminate shall be given by the
commission to the governor, the majority and minority leaders of the
defaulting state's legislature and to the licensing board of each of the
participating states.
(4) A state that has been terminated is responsible for all
assessments, obligations and liabilities incurred through the effective
date of termination, including obligations that extend beyond the
effective date of termination.
(5) The commission shall not bear any costs related to a state that
is found to be in default or that has been terminated from this compact,
unless agreed upon in writing between the commission and the
defaulting state.
(6) The defaulting state may appeal its termination from the
compact by the commission by petitioning the United States district
court for the District of Columbia or the federal district where the
commission has its principal offices. The prevailing member shall be
awarded all costs of such litigation, including reasonable attorney fees.
(7) Upon the termination of a state's participation in the compact, HOUSE BILL No. 2069—page 55
the state shall immediately provide notice to all licensees within that
state of such termination:
(A) Licensees who have been granted a compact privilege in that
state shall retain the compact privilege for 180 days following the
effective date of such termination; and
(B) licensees who are licensed in that state who have been granted
a compact privilege in a participating state shall retain the compact
privilege for 180 days unless the licensee also has a qualifying license
in a participating state or obtains a qualifying license in a participating
state before the 180-day period ends, in which case, the compact
privilege shall continue.
(c) Dispute resolution.
(1) Upon request by a participating state, the commission shall
attempt to resolve disputes related to this compact that arise among
participating states and between participating and nonparticipating
states.
(2) The commission shall adopt a rule providing for both
mediation and binding dispute resolution for disputes as appropriate.
(d) Enforcement.
(1) The commission, in the reasonable exercise of its discretion,
shall enforce the provisions of this compact and rules of the
commission.
(2) If compliance is not secured after all means to secure
compliance have been exhausted, by majority vote, the commission
may initiate legal action in the United States district court for the
District of Columbia or the federal district where the commission has
its principal offices against a participating state in default to enforce
compliance with the provisions of this compact and the commission's
adopted rules and bylaws. The relief sought may include both
injunctive relief and damages. In the event that judicial enforcement is
necessary, the prevailing party shall be awarded all costs of such
litigation, including reasonable attorney fees.
(3) The remedies herein shall not be the exclusive remedies of the
commission. The commission may pursue any other remedies available
under federal or state law.
(e) Legal action against the commission.
(1) A participating state may initiate legal action against the
commission in the United States district court for the District of
Columbia or the federal district where the commission has its principal
offices to enforce compliance with the provisions of the compact and
its rules. The relief sought may include both injunctive relief and
damages. In the event that judicial enforcement is necessary, the
prevailing party shall be awarded all costs of such litigation, including
reasonable attorney fees.
(2) No person other than a participating state shall enforce this
compact against the commission.
SECTION 11—DATE OF IMPLEMENTATION OF
THE PA LICENSURE COMPACT COMMISSION
(a) This compact shall come into effect on the date that this
compact statute is enacted into law in the seventh participating state.
(1) On or after the effective date of the compact, the commission
shall convene and review the enactment of each of the states that
enacted the compact prior to the commission convening, called charter-
participating states, to determine if the statute enacted by each such
charter-participating state is materially different than the model
compact.
(A) A charter-participating state whose enactment is found to be
materially different from the model compact shall be entitled to the
default process set forth in section 10(b).
(B) If any participating state later withdraws from the compact or
its participation is terminated, the commission shall remain in existence
and the compact shall remain in effect even if the number of HOUSE BILL No. 2069—page 56
participating states should be fewer than seven. Participating states
enacting the compact subsequent to the commission convening shall be
subject to the process set forth in section 7(c)(21) to determine if their
enactments are materially different from the model compact and
whether they qualify for participation in the compact.
(2) Participating states enacting the compact subsequent to the
seven initial charter-participating states shall be subject to the process
set forth in section 7(c)(21) to determine if their enactments are
materially different from the model compact and whether they qualify
for participation in the compact.
(3) All actions taken for the benefit of the commission or in
furtherance of the purposes of the administration of the compact prior
to the effective date of the compact or the commission coming into
existence shall be considered to be actions of the commission unless
specifically repudiated by the commission.
(b) Any state that joins this compact shall be subject to the
commission's rules and bylaws as they exist on the date that this
compact becomes law in that state. Any rule that has been previously
adopted by the commission shall have the full force and effect of law
on the day that this compact becomes law in that state.
(c) Any participating state may withdraw from this compact by
enacting a statute repealing the same.
(1) A participating state's withdrawal shall not take effect until 180
days after enactment of the repealing statute. During the 180-day
period, all compact privileges that were in effect in the withdrawing
state and were granted to licensees licensed in the withdrawing state
shall remain in effect. If any licensee licensed in the withdrawing state
is also licensed in another participating state or obtains a license in
another participating state within the 180 days, the licensee's compact
privileges in other participating states shall not be affected by the
passage of the 180 days.
(2) Withdrawal shall not affect the continuing requirement of the
state licensing board of the withdrawing state to comply with the
investigative and adverse action reporting requirements of this compact
prior to the effective date of withdrawal.
(3) Upon the enactment of a statute withdrawing a state from this
compact, the state shall immediately provide notice of such withdrawal
to all licensees within that state. Such withdrawing state shall continue
to recognize all licenses granted pursuant to this compact for a
minimum of 180 days after the date of such notice of withdrawal.
(d) Nothing contained in this compact shall be construed to
invalidate or prevent any PA licensure agreement or other cooperative
arrangement between participating states and between a participating
state and nonparticipating state that does not conflict with the
provisions of this compact.
(e) This compact may be amended by the participating states. No
amendment to this compact shall become effective and binding upon
any participating state until it is enacted materially in the same manner
into the laws of all participating states as determined by the
commission.
SECTION 12—CONSTRUCTION AND SEVERABILITY
(a) This compact and the commission's rulemaking authority shall
be liberally construed so as to effectuate the purposes and the
implementation and administration of the compact. Provisions of the
compact expressly authorizing or requiring the adoption of rules shall
not be construed to limit the commission's rulemaking authority solely
for those purposes.
(b) The provisions of this compact shall be severable, and if any
phrase, clause, sentence or provision of this compact is held by a court
of competent jurisdiction to be contrary to the constitution of any
participating state, a state seeking participation in the compact or of the
United States, or the applicability thereof to any government, agency, HOUSE BILL No. 2069—page 57
person or circumstance is held to be unconstitutional by a court of
competent jurisdiction, the validity of the remainder of this compact
and the applicability thereof to any other government, agency, person
or circumstance shall not be affected thereby.
(c) Notwithstanding the provisions of this subsection or subsection
(b), the commission may deny a state's participation in the compact or,
in accordance with the requirements of section 10(b), terminate a
participating state's participation in the compact, if it determines that a
constitutional requirement of a participating state is, or would be with
respect to a state seeking to participate in the compact, a material
departure from the compact. Otherwise, if this compact shall be held to
be contrary to the constitution of any participating state, the compact
shall remain in full force and effect as to the remaining participating
states and in full force and effect as to the participating state affected as
to all severable matters.
SECTION 13—BINDING EFFECT OF COMPACT
(a) Nothing herein prevents the enforcement of any other law of a
participating state that is not inconsistent with this compact.
(b) Any laws in a participating state in conflict with this compact
are superseded to the extent of the conflict.
(c) All agreements between the commission and the participating
states are binding in accordance with their terms.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.