Kentucky 2024 Regular Session

Kentucky House Bill HB77 Latest Draft

Bill / Introduced Version

                            UNOFFICIAL COPY  	24 RS BR 295 
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AN ACT relating to the Interstate Massage Compact. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
SECTION 1.   A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 3 
READ AS FOLLOWS: 4 
ARTICLE 1- PURPOSE 5 
The purpose of this Compact is to reduce the burdens on State governments and to 6 
facilitate the interstate practice and regulation of Massage Therapy with the goal of 7 
improving public access to, and the safety of, Massage Therapy Services. Through this 8 
Compact, the Member States seek to establish a regulatory framework which provides 9 
for a new multistate licensing program. Through this additional licensing pathway, the 10 
Member States seek to provide increased value and mobility to licensed massage 11 
therapists in the Member States, while ensuring the provision of safe, competent, and 12 
reliable services to the public. This Compact is designed to achieve the following 13 
objectives, and the Member States hereby ratify the same intentions by subscribing 14 
hereto: 15 
A. Increase public access to Massage Therapy Services by providing for a multistate 16 
licensing pathway; 17 
B. Enhance the Member States’ ability to protect the public’s health and safety; 18 
C. Enhance the Member States’ ability to prevent human trafficking and licensure 19 
fraud; 20 
D. Encourage the cooperation of Member States in regulating the multistate 21 
Practice of Massage Therapy; 22 
E. Support relocating military members and their spouses; 23 
F. Facilitate and enhance the exchange of licensure, investigative, and disciplinary 24 
information between the Member States; 25 
G. Create an Interstate Commission that will exist to implement and administer the 26 
Compact; 27  UNOFFICIAL COPY  	24 RS BR 295 
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H. Allow a Member State to hold a Licensee accountable, even where that Licensee 1 
holds a Multistate License; 2 
I. Create a streamlined pathway for Licensees to practice in Member States, thus 3 
increasing the mobility of duly licensed massage therapists; and 4 
J. Serve the needs of licensed massage therapists and the public receiving their 5 
services; however, 6 
K. Nothing in this Compact is intended to prevent a State from enforcing its own 7 
laws regarding the Practice of Massage Therapy. 8 
ARTICLE 2- DEFINITIONS 9 
As used in this Compact, except as otherwise provided and subject to clarification by 10 
the Rules of the Commission, the following definitions shall govern the terms herein: 11 
A. "Active Military Member" means any person with full-time duty status in the 12 
Armed Forces of the United States, including members of the National Guard 13 
and Reserve; 14 
B. "Adverse Action" means any administrative, civil, equitable, or criminal action 15 
permitted by a Member State’s laws which is imposed by a Licensing Authority or 16 
other regulatory body against a Licensee, including actions against an 17 
individual’s Authorization to Practice such as revocation, suspension, probation, 18 
surrender in lieu of discipline, monitoring of the Licensee, limitation of the 19 
Licensee’s practice, or any other Encumbrance on licensure affecting an 20 
individual’s ability to practice Massage Therapy, including the issuance of a 21 
cease and desist order; 22 
C. "Alternative Program" means a nondisciplinary monitoring or prosecutorial 23 
diversion program approved by a Member State’s Licensing Authority; 24 
D. "Authorization to Practice" means a legal authorization by a Remote State 25 
pursuant to a Multistate License permitting the Practice of Massage Therapy in 26 
that Remote State, which shall be subject to the enforcement jurisdiction of the 27  UNOFFICIAL COPY  	24 RS BR 295 
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Licensing Authority in that Remote State; 1 
E. "Background Check" means the submission of an applicant’s criminal history 2 
record information, as further defined in 28 C.F.R. sec. 20.3(d), as amended, 3 
from the Federal Bureau of Investigation and the agency responsible for 4 
retaining State criminal records in the applicant’s Home State; 5 
F. "Charter Member States" means Member States who have enacted legislation to 6 
adopt this Compact where such legislation predates the effective date of this 7 
Compact as defined in Article 12 of this Compact; 8 
G. "Commission" means the government agency whose membership consists of all 9 
States that have enacted this Compact, which is known as the Interstate Massage 10 
Compact Commission, as defined in Article 8 of this Compact, and which shall 11 
operate as an instrumentality of the Member States; 12 
H. "Continuing Competence" means a requirement, as a condition of license 13 
renewal, to provide evidence of participation in, and completion of, educational 14 
or professional activities that maintain, improve, or enhance Massage Therapy 15 
fitness to practice; 16 
I. "Current Significant Investigative Information" means Investigative Information 17 
that a Licensing Authority, after an inquiry or investigation that complies with a 18 
Member State’s due process requirements, has reason to believe is not groundless 19 
and, if proved true, would indicate a violation of that State’s laws regarding the 20 
Practice of Massage Therapy; 21 
J. "Data System" means a repository of information about Licensees who hold 22 
Multistate Licenses, which may include but is not limited to license status, 23 
Investigative Information, and Adverse Actions; 24 
K. "Disqualifying Event" means any event which shall disqualify an individual 25 
from holding a Multistate License under this Compact, which the Commission 26 
may by Rule specify; 27  UNOFFICIAL COPY  	24 RS BR 295 
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L. "Encumbrance" means a revocation or suspension of, or any limitation or 1 
condition on, the full and unrestricted Practice of Massage Therapy by a 2 
Licensing Authority; 3 
M. "Executive Committee" means a group of delegates elected or appointed to act on 4 
behalf of, and within the powers granted to them by, the Commission; 5 
N. "Home State" means the Member State which is a Licensee’s primary state of 6 
residence where the Licensee holds an active Single-State License; 7 
O. "Investigative Information" means information, records, or documents received 8 
or generated by a Licensing Authority pursuant to an investigation or other 9 
inquiry; 10 
P. "Licensing Authority" means a State’s regulatory body responsible for issuing 11 
Massage Therapy licenses or otherwise overseeing the Practice of Massage 12 
Therapy in that State; 13 
Q. "Licensee" means an individual who currently holds a license from a Member 14 
State to fully practice Massage Therapy, whose license is not a student, 15 
provisional, temporary, inactive, or other similar status; 16 
R. "Massage Therapy", "Massage Therapy Services", and the "Practice of Massage 17 
Therapy" mean the care and services provided by a Licensee as set forth in the 18 
Member State’s statutes and regulations in the State where the services are being 19 
provided; 20 
S. "Member State" means any State that has adopted this Compact; 21 
T. "Multistate License" means a license that consists of Authorizations to Practice 22 
Massage Therapy in all Remote States pursuant to this Compact, which shall be 23 
subject to the enforcement jurisdiction of the Licensing Authority in a Licensee’s 24 
Home State; 25 
U. "National Licensing Examination" means a national examination developed by a 26 
national association of Massage Therapy regulatory boards, as defined by 27  UNOFFICIAL COPY  	24 RS BR 295 
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Commission Rule, that is derived from a practice analysis and is consistent with 1 
generally accepted psychometric principles of fairness, validity, and reliability, 2 
and is administered under secure and confidential examination protocols; 3 
V. "Remote State" means any Member State, other than the Licensee’s Home State; 4 
W. "Rule" means any opinion or regulation promulgated by the Commission under 5 
this Compact, which shall have the force of law; 6 
X. "Single-State License" means a current, valid authorization issued by a Member 7 
State’s Licensing Authority allowing an individual to fully practice Massage 8 
Therapy, that is not a restricted, student, provisional, temporary, or inactive 9 
practice authorization and authorizes practice only within the issuing State; and 10 
Y. "State" means a state, territory, possession of the United States, or the District of 11 
Columbia; 12 
ARTICLE 3- MEMBER STATE REQUIREMENTS 13 
A. To be eligible to join this Compact, and to maintain eligibility as a Member State, 14 
a State must: 15 
1 License and regulate the Practice of Massage Therapy; 16 
2. Have a mechanism or entity in place to receive and investigate complaints 17 
from the public, regulatory or law enforcement agencies, or the 18 
Commission about Licensees practicing in that State; 19 
3. Accept passage of a National Licensing Examination as a criterion for 20 
Massage Therapy licensure in that State; 21 
4. Require that Licensees satisfy educational requirements prior to being 22 
licensed to provide Massage Therapy Services to the public in that State; 23 
5. Implement procedures for requiring the Background Check of applicants 24 
for a Multistate License, and for the reporting of any Disqualifying Events, 25 
including but not limited to obtaining and submitting, for each Licensee 26 
holding a Multistate License and each applicant for a Multistate License, 27  UNOFFICIAL COPY  	24 RS BR 295 
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fingerprint or other biometric-based information to the Federal Bureau of 1 
Investigation for Background Checks; receiving the results of the Federal 2 
Bureau of Investigation record search on Background Checks and 3 
considering the results of such a Background Check in making licensure 4 
decisions; 5 
6. Have Continuing Competence requirements as a condition for license 6 
renewal; 7 
7. Participate in the Data System, including through the use of unique 8 
identifying numbers as described herein; 9 
8. Notify the Commission and other Member States, in compliance with the 10 
terms of the Compact and Rules of the Commission, of any disciplinary 11 
action taken by the State against a Licensee practicing under a Multistate 12 
License in that State, or of the existence of Investigative Information or 13 
Current Significant Investigative Information regarding a Licensee 14 
practicing in that State pursuant to a Multistate License; 15 
9. Comply with the Rules of the Commission; and 16 
10. Accept Licensees with valid Multistate Licenses from other Member States 17 
as established herein; 18 
B. Individuals not residing in a Member State shall continue to be able to apply for a 19 
Member State’s Single-State License as provided under the laws of each Member 20 
State. However, the Single-State License granted to those individuals shall not be 21 
recognized as granting a Multistate License for Massage Therapy in any other 22 
Member State; 23 
C. Nothing in this Compact shall affect the requirements established by a Member 24 
State for the issuance of a Single-State License; and 25 
D. A Multistate License issued to a Licensee shall be recognized by each Remote 26 
State as an Authorization to Practice Massage Therapy in each Remote State. 27  UNOFFICIAL COPY  	24 RS BR 295 
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ARTICLE 4- MULTISTATE LICENSE REQUIREMENTS 1 
A. To qualify for a Multistate License under this Compact, and to maintain 2 
eligibility for such a license, an applicant must: 3 
1. Hold an active Single-State License to practice Massage Therapy in the 4 
applicant’s Home State; 5 
2. Have completed at least six hundred twenty-five (625) clock hours of 6 
Massage Therapy education or the substantial equivalent which the 7 
Commission may approve by Rule. 8 
3. Have passed a National Licensing Examination or the substantial 9 
equivalent which the Commission may approve by Rule. 10 
4. Submit to a Background Check; 11 
5. Have not been convicted or found guilty, or have entered into an agreed 12 
disposition, of a felony offense under applicable State or federal criminal 13 
law, within five (5) years prior to the date of their application, where such a 14 
time period shall not include any time served for the offense, and provided 15 
that the applicant has completed any and all requirements arising as a 16 
result of any such offense; 17 
6. Have not been convicted or found guilty, or have entered into an agreed 18 
disposition, of a misdemeanor offense related to the Practice of Massage 19 
Therapy under applicable State or federal criminal law, within two (2) years 20 
prior to the date of their application where such a time period shall not 21 
include any time served for the offense, and provided that the applicant has 22 
completed any and all requirements arising as a result of any such offense; 23 
7. Have not been convicted or found guilty, or have entered into an agreed 24 
disposition, of any offense, whether a misdemeanor or a felony, under State 25 
or federal law, at any time, relating to any of the following: 26 
a. Kidnapping; 27  UNOFFICIAL COPY  	24 RS BR 295 
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b. Human trafficking; 1 
c. Human smuggling; 2 
d. Sexual battery, sexual assault, or any related offenses; or 3 
e. Any other category of offense which the Commission may by Rule 4 
designate. 5 
8. Have not previously held a Massage Therapy license which was revoked by, 6 
or surrendered in lieu of discipline to an applicable Licensing Authority; 7 
9. Have no history of any Adverse Action on any occupational or professional 8 
license within two (2) years prior to the date of their application; and 9 
10. Pay all required fees. 10 
B. A Multistate License granted pursuant to this Compact may be effective for a 11 
definite period of time concurrent with the renewal of the Home State license. 12 
C. A Licensee practicing in a Member State is subject to all scope of practice laws 13 
governing Massage Therapy Services in that State. 14 
D. The Practice of Massage Therapy under a Multistate License granted pursuant to 15 
this Compact will subject the Licensee to the jurisdiction of the Licensing 16 
Authority, the courts, and the laws of the Member State in which the Massage 17 
Therapy Services are provided. 18 
ARTICLE 5- AUTHORITY OF INTERSTATE MASSAGE COMPACT 19 
COMMISSION AND MEMBER STATE LICENSING AUTHORITIES 20 
A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to 21 
limit, restrict, or in any way reduce the ability of a Member State to enact and 22 
enforce laws, regulations, or other rules related to the Practice of Massage 23 
Therapy in that State, where those laws, regulations, or other rules are not 24 
inconsistent with the provisions of this Compact. 25 
B. Nothing in this Compact, nor any Rule of the Commission, shall be construed to 26 
limit, restrict, or in any way reduce the ability of a Member State to take Adverse 27  UNOFFICIAL COPY  	24 RS BR 295 
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Action against a Licensee’s Single-State License to practice Massage Therapy in 1 
that State. 2 
C. Nothing in this Compact, nor any Rule of the Commission, shall be construed to 3 
limit, restrict, or in any way reduce the ability of a Remote State to take Adverse 4 
Action against a Licensee’s Authorization to Practice in that State. 5 
D. Nothing in this Compact, nor any Rule of the Commission, shall be construed to 6 
limit, restrict, or in any way reduce the ability of a Licensee’s Home State to take 7 
Adverse Action against a Licensee’s Multistate License based upon information 8 
provided by a Remote State. 9 
E. Insofar as practical, a Member State’s Licensing Authority shall cooperate with 10 
the Commission and with each entity exercising independent regulatory authority 11 
over the Practice of Massage Therapy according to the provisions of this 12 
Compact. 13 
ARTICLE 6- ADVERSE ACTIONS 14 
A. A Licensee’s Home State shall have exclusive power to impose an Adverse Action 15 
against a Licensee’s Multistate License issued by the Home State. 16 
B. A Home State may take Adverse Action on a Multistate License based on the 17 
Investigative Information, Current Significant Investigative Information, or 18 
Adverse Action of a Remote State. 19 
C. A Home State shall retain authority to complete any pending investigations of a 20 
Licensee practicing under a Multistate License who changes their Home State 21 
during the course of such an investigation. The Licensing Authority shall also be 22 
empowered to report the results of such an investigation to the Commission 23 
through the Data System as described herein. 24 
D. Any Member State may investigate actual or alleged violations of the scope of 25 
practice laws in any other Member State for a massage therapist who holds a 26 
Multistate License. 27  UNOFFICIAL COPY  	24 RS BR 295 
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E. A Remote State shall have the authority to: 1 
1. Take Adverse Actions against a Licensee’s Authorization to Practice; 2 
2. Issue cease and desist orders or impose an Encumbrance on a Licensee’s 3 
Authorization to Practice in that State; 4 
3. Issue subpoenas for both hearings and investigations that require the 5 
attendance and testimony of witnesses, as well as the production of 6 
evidence. Subpoenas issued by a Licensing Authority in a Member State for 7 
the attendance and testimony of witnesses or the production of evidence 8 
from another Member State shall be enforced in the latter State by any 9 
court of competent jurisdiction, according to the practice and procedure of 10 
that court applicable to subpoenas issued in proceedings before it. The 11 
issuing Licensing Authority shall pay any witness fees, travel expenses, 12 
mileage, and other fees required by the service statutes of the State in which 13 
the witnesses or evidence are located; 14 
4. If otherwise permitted by State law, recover from the affected Licensee the 15 
costs of investigations and disposition of cases resulting from any Adverse 16 
Action taken against that Licensee; and 17 
5. Take Adverse Action against the Licensee’s Authorization to Practice in 18 
that State based on the factual findings of another Member State. 19 
F. If an Adverse Action is taken by the Home State against a Licensee’s Multistate 20 
License or Single-State License to practice in the Home State, the Licensee’s 21 
Authorization to Practice in all other Member States shall be deactivated until all 22 
Encumbrances have been removed from such license. All Home State 23 
disciplinary orders that impose an Adverse Action against a Licensee shall 24 
include a statement that the Massage Therapist’s Authorization to Practice is 25 
deactivated in all Member States during the pendency of the order. 26 
G. If Adverse Action is taken by a Remote State against a Licensee’s Authorization 27  UNOFFICIAL COPY  	24 RS BR 295 
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to Practice, that Adverse Action applies to all Authorizations to Practice in all 1 
Remote States. A Licensee whose Authorization to Practice in a Remote State is 2 
removed for a specified period of time is not eligible to apply for a new Multistate 3 
License in any other State until the specific time for removal of the Authorization 4 
to Practice has passed and all Encumbrance requirements are satisfied. 5 
H. Nothing in this Compact shall override a Member State’s authority to accept a 6 
Licensee’s participation in an Alternative Program in lieu of Adverse Action. A 7 
Licensee’s Multistate License shall be suspended for the duration of the 8 
Licensee’s participation in any Alternative Program. 9 
I. Joint Investigations 10 
1. In addition to the authority granted to a Member State by its respective 11 
scope of practice laws or other applicable State law, a Member State may 12 
participate with other Member States in joint investigations of Licensees. 13 
2. Member States shall share any investigative, litigation, or compliance 14 
materials in furtherance of any joint or individual investigation initiated 15 
under the Compact. 16 
ARTICLE 7- ACTIVE MILITARY MEMBERS AND THEIR SPOUSES 17 
Active Military Members, or their spouses, shall designate a Home State where the 18 
individual has a current license to practice Massage Therapy in good standing. The 19 
individual may retain their Home State designation during any period of service when 20 
that individual or their spouse is on active duty assignment. 21 
ARTICLE 8- ESTABLISHMENT AND OPERATION OF INTERSTATE MASSAGE 22 
COMPACT COMMISSION 23 
A. The Compact Member States hereby create and establish a joint government 24 
agency whose membership consists of all Member States that have enacted the 25 
Compact known as the Interstate Massage Compact Commission. The 26 
Commission is an instrumentality of the Compact States acting jointly and not an 27  UNOFFICIAL COPY  	24 RS BR 295 
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instrumentality of any one (1) State. The Commission shall come into existence 1 
on or after the effective date of the Compact as set forth in Article 12 of this 2 
Compact. 3 
B. Membership, Voting, and Meetings 4 
1. Each Member State shall have and be limited to one (1) delegate selected by 5 
that Member State’s State Licensing Authority. 6 
2. The delegate shall be the primary administrative officer of the State 7 
Licensing Authority or their designee. 8 
3. The Commission shall by Rule or bylaw establish a term of office for 9 
delegates and may by Rule or bylaw establish term limits. 10 
4. The Commission may recommend removal or suspension of any delegate 11 
from office. 12 
5. A Member State’s State Licensing Authority shall fill any vacancy of its 13 
delegate occurring on the Commission within sixty (60) days of the vacancy. 14 
6. Each delegate shall be entitled to one (1) vote on all matters that are voted 15 
on by the Commission. 16 
7. The Commission shall meet at least once during each calendar year. 17 
Additional meetings may be held as set forth in the bylaws. The Commission 18 
may meet by telecommunication, video conference, or other similar 19 
electronic means. 20 
C. The Commission shall have the following powers: 21 
1. Establish the fiscal year of the Commission; 22 
2. Establish code of conduct and conflict of interest policies; 23 
3. Adopt Rules and bylaws; 24 
4. Maintain its financial records in accordance with the bylaws; 25 
5. Meet and take such actions as are consistent with the provisions of this 26 
Compact, the Commission’s Rules, and the bylaws; 27  UNOFFICIAL COPY  	24 RS BR 295 
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6. Initiate and conclude legal proceedings or actions in the name of the 1 
Commission, provided that the standing of any State Licensing Authority to 2 
sue or be sued under applicable law shall not be affected; 3 
7. Maintain and certify records and information provided to a Member State 4 
as the authenticated business records of the Commission, and designate an 5 
agent to do so on the Commission's behalf; 6 
8. Purchase and maintain insurance and bonds; 7 
9. Borrow, accept, or contract for services of personnel, including but not 8 
limited to employees of a Member State; 9 
10. Conduct an annual financial review; 10 
11. Hire employees, elect or appoint officers, fix compensation, define duties, 11 
grant such individuals appropriate authority to carry out the purposes of the 12 
Compact, and establish the Commission’s personnel policies and programs 13 
relating to conflicts of interest, qualifications of personnel, and other 14 
related personnel matters; 15 
12. Assess and collect fees; 16 
13. Accept any and all appropriate gifts, donations, grants of money, other 17 
sources of revenue, equipment, supplies, materials, and services, and 18 
receive, utilize, and dispose of the same; provided that at all times the 19 
Commission shall avoid any appearance of impropriety or conflict of 20 
interest; 21 
14. Lease, purchase, retain, own, hold, improve, or use any property, real, 22 
personal, or mixed, or any undivided interest therein; 23 
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 24 
dispose of any property real, personal, or mixed; 25 
16. Establish a budget and make expenditures; 26 
17. Borrow money; 27  UNOFFICIAL COPY  	24 RS BR 295 
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18. Appoint committees, including standing committees, composed of members, 1 
State regulators, State legislators or their representatives, and consumer 2 
representatives, and such other interested persons as may be designated in 3 
this Compact and the bylaws; 4 
19. Accept and transmit complaints from the public, regulatory or law 5 
enforcement agencies, or the Commission, to the relevant Member State or 6 
States regarding potential misconduct of Licensees; 7 
20. Elect a chair, vice chair, secretary, treasurer, and such other officers of the 8 
Commission as provided in the Commission’s bylaws; 9 
21. Establish and elect an Executive Committee, including a chair and a vice 10 
chair; 11 
22. Adopt and provide to the Member States an annual report; 12 
23. Determine whether a State’s adopted language is materially different from 13 
the model Compact language such that the State would not qualify for 14 
participation in the Compact; and 15 
24. Perform such other functions as may be necessary or appropriate to achieve 16 
the purposes of this Compact. 17 
D. The Executive Committee 18 
1. The Executive Committee shall have the power to act on behalf of the 19 
Commission according to the terms of this Compact. The powers, duties, 20 
and responsibilities of the Executive Committee shall include: 21 
a. Overseeing the day-to-day activities of the administration of the 22 
Compact including compliance with the provisions of the Compact, 23 
the Commission’s Rules and bylaws, and other such duties as deemed 24 
necessary; 25 
b. Recommending to the Commission changes to the Rules or bylaws, 26 
changes to this Compact legislation, fees charged to Compact Member 27  UNOFFICIAL COPY  	24 RS BR 295 
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States, fees charged to Licensees, and other fees; 1 
c. Ensuring Compact administration services are appropriately provided, 2 
including by contract; 3 
d. Preparing and recommending the budget; 4 
e. Maintaining financial records on behalf of the Commission; 5 
f. Monitoring Compact compliance of Member States and providing 6 
compliance reports to the Commission; 7 
g. Establishing additional committees as necessary; 8 
h. Exercise the powers and duties of the Commission during the interim 9 
between Commission meetings, except for adopting or amending 10 
Rules, adopting or amending bylaws, and exercising any other powers 11 
and duties expressly reserved to the Commission by Rule or bylaw; 12 
and 13 
i. Other duties as provided in the Rules or bylaws of the Commission. 14 
2. The Executive Committee shall be composed of seven (7) voting members 15 
and up to two (2) ex-officio members as follows: 16 
a. The chair and vice chair of the Commission and any other members of 17 
the Commission who serve on the Executive Committee shall be voting 18 
members of the Executive Committee; and 19 
b. Other than the chair, vice chair, secretary, and treasurer, the 20 
Commission shall elect three voting members from the current 21 
membership of the Commission. 22 
c. The Commission may elect ex-officio, nonvoting members as 23 
necessary as follows: 24 
i. One (1) ex-officio member who is a representative of the 25 
national association of State Massage Therapy regulatory boards 26 
ii. One (1) ex-officio member as specified in the Commission’s 27  UNOFFICIAL COPY  	24 RS BR 295 
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bylaws. 1 
3. The Commission may remove any member of the Executive Committee as 2 
provided in the Commission’s bylaws. 3 
4. The Executive Committee shall meet at least annually. 4 
a. Executive Committee meetings shall be open to the public, except that 5 
the Executive Committee may meet in a closed, nonpublic session of a 6 
public meeting when dealing with any of the matters covered under 7 
subsection F.4. of this Article. 8 
b. The Executive Committee shall give five (5) business days advance 9 
notice of its public meetings, posted on its website and as determined 10 
to provide notice to persons with an interest in the public matters the 11 
Executive Committee intends to address at those meetings. 12 
5. The Executive Committee may hold an emergency meeting when acting for 13 
the Commission to: 14 
a. Meet an imminent threat to public health, safety, or welfare; 15 
b. Prevent a loss of Commission or Participating State funds; or 16 
c. Protect public health and safety. 17 
E. The Commission shall adopt and provide to the Member States an annual report. 18 
F. Meetings of the Commission 19 
1. All meetings of the Commission that are not closed pursuant to this 20 
subsection shall be open to the public. Notice of public meetings shall be 21 
posted on the Commission’s website at least thirty (30) days prior to the 22 
public meeting. 23 
2. Notwithstanding subsection F.1. of this Article, the Commission may 24 
convene an emergency public meeting by providing at least twenty-four (24) 25 
hours' prior notice on the Commission’s website, and any other means as 26 
provided in the Commission’s Rules, for any of the reasons it may dispense 27  UNOFFICIAL COPY  	24 RS BR 295 
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with notice of proposed rulemaking under Article 10.L. of this Compact. 1 
The Commission’s legal counsel shall certify the that one (1) of the reasons 2 
justifying an emergency public meeting has been met. 3 
3. Notice of all Commission meetings shall provide the time, date, and location 4 
of the meeting, and if the meeting is to be held or accessible via 5 
telecommunication, video conference, or other electronic means, the notice 6 
shall include the mechanism for access to the meeting. 7 
4. The Commission may convene in a closed, nonpublic meeting for the 8 
Commission to discuss: 9 
a. Noncompliance of a Member State with its obligations under the 10 
Compact; 11 
b. The employment, compensation, discipline or other matters, practices 12 
or procedures related to specific employees or other matters related to 13 
the Commission’s internal personnel practices and procedures; 14 
c. Current or threatened discipline of a Licensee by the Commission or 15 
by a Member State’s Licensing Authority; 16 
d. Current, threatened, or reasonably anticipated litigation; 17 
e. Negotiation of contracts for the purchase, lease, or sale of goods, 18 
services, or real estate; 19 
f. Accusing any person of a crime or formally censuring any person; 20 
g. Trade secrets or commercial or financial information that is privileged 21 
or confidential; 22 
h. Information of a personal nature where disclosure would constitute a 23 
clearly unwarranted invasion of personal privacy; 24 
i. Investigative records compiled for law enforcement purposes; 25 
j. Information related to any investigative reports prepared by or on 26 
behalf of or for use of the Commission or other committee charged 27  UNOFFICIAL COPY  	24 RS BR 295 
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with responsibility of investigation or determination of compliance 1 
issues pursuant to the Compact; 2 
k. Legal advice; 3 
l. Matters specifically exempted from disclosure to the public by federal 4 
or Member State law; or 5 
m. Other matters as promulgated by the Commission by Rule. 6 
5. If a meeting, or portion of a meeting, is closed, the presiding officer shall 7 
state that the meeting will be closed and reference each relevant exempting 8 
provision, and such reference shall be recorded in the minutes. 9 
6. The Commission shall keep minutes that fully and clearly describe all 10 
matters discussed in a meeting and shall provide a full and accurate 11 
summary of actions taken, and the reasons therefore, including a 12 
description of the views expressed. All documents considered in connection 13 
with an action shall be identified in such minutes. All minutes and 14 
documents of a closed meeting shall remain under seal, subject to release 15 
only by a majority vote of the Commission or order of a court of competent 16 
jurisdiction. 17 
G. Financing of the Commission 18 
1. The Commission shall pay, or provide for the payment of, the reasonable 19 
expenses of its establishment, organization, and ongoing activities. 20 
2. The Commission may accept any and all appropriate sources of revenue, 21 
donations, and grants of money, equipment, supplies, materials, and 22 
services. 23 
3. The Commission may levy on and collect an annual assessment from each 24 
Member State and impose fees on Licensees of Member States to whom it 25 
grants a Multistate License to cover the cost of the operations and activities 26 
of the Commission and its staff, which must be in a total amount sufficient 27  UNOFFICIAL COPY  	24 RS BR 295 
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to cover its annual budget as approved each year for which revenue is not 1 
provided by other sources. The aggregate annual assessment amount for 2 
Member States shall be allocated based upon a formula that the 3 
Commission shall promulgate by Rule. 4 
4. The Commission shall not incur obligations of any kind prior to securing 5 
the funds adequate to meet the same; nor shall the Commission pledge the 6 
credit of any Member States, except by and with the authority of the 7 
Member State. 8 
5. The Commission shall keep accurate accounts of all receipts and 9 
disbursements. The receipts and disbursements of the Commission shall be 10 
subject to the financial review and accounting procedures established under 11 
its bylaws. All receipts and disbursements of funds handled by the 12 
Commission shall be subject to an annual financial review by a certified or 13 
licensed public accountant, and the report of the financial review shall be 14 
included in and become part of the annual report of the Commission. 15 
H. Qualified Immunity, Defense, and Indemnification 16 
1. The members, officers, executive director, employees, and representatives of 17 
the Commission shall be immune from suit and liability, both personally 18 
and in their official capacity, for any claim for damage to or loss of property 19 
or personal injury or other civil liability caused by or arising out of any 20 
actual or alleged act, error, or omission that occurred, or that the person 21 
against whom the claim is made had a reasonable basis for believing 22 
occurred within the scope of Commission employment, duties, or 23 
responsibilities; provided that nothing in this paragraph shall be construed 24 
to protect any such person from suit or liability for any damage, loss, injury, 25 
or liability caused by the intentional or willful or wanton misconduct of that 26 
person. The procurement of insurance of any type by the Commission shall 27  UNOFFICIAL COPY  	24 RS BR 295 
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not in any way compromise or limit the immunity granted hereunder. 1 
2. The Commission shall defend any member, officer, executive director, 2 
employee, and representative of the Commission in any civil action seeking 3 
to impose liability arising out of any actual or alleged act, error, or omission 4 
that occurred within the scope of Commission employment, duties, or 5 
responsibilities, or as determined by the Commission that the person against 6 
whom the claim is made had a reasonable basis for believing occurred 7 
within the scope of Commission employment, duties, or responsibilities; 8 
provided that nothing herein shall be construed to prohibit that person from 9 
retaining their own counsel at their own expense; and provided further, that 10 
the actual or alleged act, error, or omission did not result from that person’s 11 
intentional or willful or wanton misconduct. 12 
3. The Commission shall indemnify and hold harmless any member, officer, 13 
executive director, employee, and representative of the Commission for the 14 
amount of any settlement or judgment obtained against that person arising 15 
out of any actual or alleged act, error, or omission that occurred within the 16 
scope of Commission employment, duties, or responsibilities, or that such 17 
person had a reasonable basis for believing occurred within the scope of 18 
Commission employment, duties, or responsibilities, provided that the actual 19 
or alleged act, error, or omission did not result from the intentional or 20 
willful or wanton misconduct of that person. 21 
4. Nothing herein shall be construed as a limitation on the liability of any 22 
Licensee for professional malpractice or misconduct, which shall be 23 
governed solely by any other applicable State laws. 24 
5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate 25 
a Member State’s State action immunity or State action affirmative defense 26 
with respect to antitrust claims under the Sherman Act, Clayton Act, or any 27  UNOFFICIAL COPY  	24 RS BR 295 
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other State or federal antitrust or anticompetitive law or regulation. 1 
6. Nothing in this Compact shall be construed to be a waiver of sovereign 2 
immunity by the Member States or by the Commission. 3 
ARTICLE 9- DATA SYSTEM 4 
A. The Commission shall provide for the development, maintenance, operation, and 5 
utilization of a coordinated database and reporting system. 6 
B. The Commission shall assign each applicant for a Multistate License a unique 7 
identifier, as determined by the Rules of the Commission. 8 
C. Notwithstanding any other provision of State law to the contrary, a Member State 9 
shall submit a uniform data set to the Data System on all individuals to whom this 10 
Compact is applicable as required by the Rules of the Commission, including: 11 
1. Identifying information; 12 
2. Licensure data; 13 
3. Adverse Actions against a license and information related thereto; 14 
4. Nonconfidential information related to Alternative Program participation, 15 
the beginning and ending dates of such participation, and other information 16 
related to such participation; 17 
5. Any denial of application for licensure, and the reason or reasons for such 18 
denial, excluding the reporting of any criminal history record information 19 
where prohibited by law; 20 
6. The existence of Investigative Information; 21 
7. The existence of Current Significant Investigative Information; and 22 
8. Other information that may facilitate the administration of this Compact or 23 
the protection of the public, as determined by the Rules of the Commission. 24 
D. The records and information provided to a Member State pursuant to this 25 
Compact or through the Data System, when certified by the Commission or an 26 
agent thereof, shall constitute the authenticated business records of the 27  UNOFFICIAL COPY  	24 RS BR 295 
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Commission, and shall be entitled to any associated hearsay exception in any 1 
relevant judicial, quasi-judicial, or administrative proceedings in a Member State. 2 
E. The existence of Current Significant Investigative Information and the existence 3 
of Investigative Information pertaining to a Licensee in any Member State shall 4 
only be available to other Member States. 5 
F. It is the responsibility of the Member States to report any Adverse Action against 6 
a Licensee who holds a Multistate License and to monitor the database to 7 
determine whether Adverse Action has been taken against such a Licensee or 8 
License applicant. Adverse Action information pertaining to a Licensee or 9 
License applicant in any Member State shall be available to any other Member 10 
State. 11 
G. Member States contributing information to the Data System may designate 12 
information that may not be shared with the public without the express 13 
permission of the contributing State. 14 
H. Any information submitted to the Data System that is subsequently expunged 15 
pursuant to federal law or the laws of the Member State contributing the 16 
information shall be removed from the Data System. 17 
ARTICLE 10- RULEMAKING 18 
A. The Commission shall promulgate reasonable Rules in order to effectively and 19 
efficiently implement and administer the purposes and provisions of the Compact. 20 
A Rule shall be invalid and have no force or effect only if a court of competent 21 
jurisdiction holds that the Rule is invalid because the Commission exercised its 22 
rulemaking authority in a manner that is beyond the scope and purposes of the 23 
Compact, or the powers granted hereunder, or based upon another applicable 24 
standard of review. 25 
B. The Rules of the Commission shall have the force of law in each Member State, 26 
provided however that where the Rules of the Commission conflict with the laws 27  UNOFFICIAL COPY  	24 RS BR 295 
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of the Member State that establish the Member State’s scope of practice as held 1 
by a court of competent jurisdiction, the Rules of the Commission shall be 2 
ineffective in that State to the extent of the conflict. 3 
C. The Commission shall exercise its rulemaking powers pursuant to the criteria set 4 
forth in this Article and the Rules adopted thereunder. Rules shall become 5 
binding as of the date specified by the Commission for each Rule. 6 
D. If a majority of the legislatures of the Member States reject a Rule or portion of a 7 
Rule, by enactment of a statute or resolution in the same manner used to adopt 8 
the Compact within four (4) years of the date of adoption of the Rule, then such 9 
Rule shall have no further force and effect in any Member State or to any State 10 
applying to participate in the Compact. 11 
E. Rules shall be adopted at a regular or special meeting of the Commission. 12 
F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing 13 
and allow persons to provide oral and written comments, data, facts, opinions, 14 
and arguments. 15 
G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) 16 
days in advance of the meeting at which the Commission will hold a public 17 
hearing on the proposed Rule, the Commission shall provide a notice of proposed 18 
rulemaking: 19 
1. On the website of the Commission or other publicly accessible platform; 20 
2. To persons who have requested notice of the Commission’s notices of 21 
proposed rulemaking, and 22 
3. In such other way or ways as the Commission may by Rule specify. 23 
H. The notice of proposed rulemaking shall include: 24 
1. The time, date, and location of the public hearing at which the Commission 25 
will hear public comments on the proposed Rule and, if different, the time, 26 
date, and location of the meeting where the Commission will consider and 27  UNOFFICIAL COPY  	24 RS BR 295 
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vote on the proposed Rule; 1 
2. If the hearing is held via telecommunication, video conference, or other 2 
electronic means, the Commission shall include the mechanism for access 3 
to the hearing in the notice of proposed rulemaking; 4 
3. The text of the proposed Rule and the reason therefor; 5 
4.  A request for comments on the proposed Rule from any interested person; 6 
and 7 
5. The manner in which interested persons may submit written comments. 8 
I. All hearings shall be recorded. A copy of the recording and all written comments 9 
and documents received by the Commission in response to the proposed Rule 10 
shall be available to the public. 11 
J. Nothing in this Article shall be construed as requiring a separate hearing on each 12 
Rule. Rules may be grouped for the convenience of the Commission at hearings 13 
required by this Article. 14 
K. The Commission shall, by majority vote of all Commissioners, take final action 15 
on the proposed Rule based on the rulemaking record. 16 
1. The Commission may adopt changes to the proposed Rule provided the 17 
changes do not enlarge the original purpose of the proposed Rule. 18 
2. The Commission shall provide an explanation of the reasons for substantive 19 
changes made to the proposed Rule as well as reasons for substantive 20 
changes not made that were recommended by commenters. 21 
3. The Commission shall determine a reasonable effective date for the Rule. 22 
Except for an emergency as provided in subsection L. of this Article, the 23 
effective date of the Rule shall be no sooner than thirty (30) days after the 24 
Commission issuing the notice that it adopted or amended the Rule. 25 
L. Upon determination that an emergency exists, the Commission may consider and 26 
adopt an emergency Rule with twenty-four (24) hours' notice, provided that the 27  UNOFFICIAL COPY  	24 RS BR 295 
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usual rulemaking procedures provided in the Compact and in this Article shall be 1 
retroactively applied to the Rule as soon as reasonably possible, in no event later 2 
than ninety (90) days after the effective date of the Rule. For the purposes of this 3 
provision, an emergency Rule is one that must be adopted immediately to: 4 
1. Meet an imminent threat to public health, safety, or welfare; 5 
2. Prevent a loss of Commission or Member State funds; 6 
3. Meet a deadline for the promulgation of a Rule that is established by federal 7 
law or rule; or 8 
4. Protect public health and safety. 9 
M. The Commission or an authorized committee of the Commission may direct 10 
revisions to a previously adopted Rule for purposes of correcting typographical 11 
errors, errors in format, errors in consistency, or grammatical errors. Public 12 
notice of any revisions shall be posted on the website of the Commission. The 13 
revision shall be subject to challenge by any person for a period of thirty (30) 14 
days after posting. The revision may be challenged only on grounds that the 15 
revision results in a material change to a Rule. A challenge shall be made in 16 
writing and delivered to the Commission prior to the end of the notice period. If 17 
no challenge is made, the revision will take effect without further action. If the 18 
revision is challenged, the revision may not take effect without the approval of the 19 
Commission. 20 
N. No Member State’s rulemaking requirements shall apply under this Compact. 21 
ARTICLE 11- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 22 
A. Oversight 23 
1. The executive and judicial branches of State government in each Member 24 
State shall enforce this Compact and take all actions necessary and 25 
appropriate to implement the Compact. 26 
2. Venue is proper and judicial proceedings by or against the Commission 27  UNOFFICIAL COPY  	24 RS BR 295 
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shall be brought solely and exclusively in a court of competent jurisdiction 1 
where the principal office of the Commission is located. The Commission 2 
may waive venue and jurisdictional defenses to the extent it adopts or 3 
consents to participate in alternative dispute resolution proceedings. 4 
Nothing herein shall affect or limit the selection or propriety of venue in 5 
any action against a Licensee for professional malpractice, misconduct, or 6 
any such similar matter. 7 
3. The Commission shall be entitled to receive service of process in any 8 
proceeding regarding the enforcement or interpretation of the Compact and 9 
shall have standing to intervene in such a proceeding for all purposes. 10 
Failure to provide the Commission service of process shall render a 11 
judgment or order void as to the Commission, this Compact, or promulgated 12 
Rules. 13 
B. Default, Technical Assistance, and Termination 14 
1. If the Commission determines that a Member State has defaulted in the 15 
performance of its obligations or responsibilities under this Compact or the 16 
promulgated Rules, the Commission shall provide written notice to the 17 
defaulting State. The notice of default shall describe the default, the 18 
proposed means of curing the default, and any other action that the 19 
Commission may take, and shall offer training and specific technical 20 
assistance regarding the default. 21 
2. The Commission shall provide a copy of the notice of default to the other 22 
Member States. 23 
C. If a State in default fails to cure the default, the defaulting State may be 24 
terminated from the Compact upon an affirmative vote of a majority of the 25 
delegates of the Member States, and all rights, privileges, and benefits conferred 26 
on that State by this Compact may be terminated on the effective date of 27  UNOFFICIAL COPY  	24 RS BR 295 
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termination. A cure of the default does not relieve the offending State of 1 
obligations or liabilities incurred during the period of default. 2 
D. Termination of membership in the Compact shall be imposed only after all other 3 
means of securing compliance have been exhausted. Notice of intent to suspend 4 
or terminate shall be given by the Commission to the governor, the majority and 5 
minority leaders of the defaulting State’s legislature, the defaulting State’s State 6 
Licensing Authority, and each of the Member States’ State Licensing Authority. 7 
E. A State that has been terminated is responsible for all assessments, obligations, 8 
and liabilities incurred through the effective date of termination, including 9 
obligations that extend beyond the effective date of termination. 10 
F. Upon the termination of a State’s membership from this Compact, that State shall 11 
immediately provide notice to all Licensees who hold a Multistate License within 12 
that State of such termination. The terminated State shall continue to recognize 13 
all licenses granted pursuant to this Compact for a minimum of one hundred 14 
eighty (180) days after the date of said notice of termination. 15 
G. The Commission shall not bear any costs related to a State that is found to be in 16 
default or that has been terminated from the Compact, unless agreed upon in 17 
writing between the Commission and the defaulting State. 18 
H. The defaulting State may appeal the action of the Commission by petitioning the 19 
United States District Court for the District of Columbia or the federal district 20 
where the Commission has its principal offices. The prevailing party shall be 21 
awarded all costs of such litigation, including reasonable attorney’s fees. 22 
I. Dispute Resolution 23 
1. Upon request by a Member State, the Commission shall attempt to resolve 24 
disputes related to the Compact that arise among Member States and 25 
between Member and non-Member States. 26 
2. The Commission shall promulgate a Rule providing for both mediation and 27  UNOFFICIAL COPY  	24 RS BR 295 
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binding dispute resolution for disputes as appropriate. 1 
J. Enforcement 2 
1. The Commission, in the reasonable exercise of its discretion, shall enforce 3 
the provisions of this Compact and the Commission’s Rules. 4 
2. By majority vote as provided by Commission Rule, the Commission may 5 
initiate legal action against a Member State in default in the United States 6 
District Court for the District of Columbia or the federal district where the 7 
Commission has its principal offices to enforce compliance with the 8 
provisions of the Compact and its promulgated Rules. The relief sought may 9 
include both injunctive relief and damages. In the event judicial 10 
enforcement is necessary, the prevailing party shall be awarded all costs of 11 
such litigation, including reasonable attorney’s fees. The remedies herein 12 
shall not be the exclusive remedies of the Commission. The Commission 13 
may pursue any other remedies available under federal or the defaulting 14 
Member State’s law. 15 
3. A Member State may initiate legal action against the Commission in the 16 
United States District Court for the District of Columbia or the federal 17 
district where the Commission has its principal offices to enforce 18 
compliance with the provisions of the Compact and its promulgated Rules. 19 
The relief sought may include both injunctive relief and damages. In the 20 
event judicial enforcement is necessary, the prevailing party shall be 21 
awarded all costs of such litigation, including reasonable attorney’s fees. 22 
4. No individual or entity other than a Member State may enforce this 23 
Compact against the Commission. 24 
ARTICLE 12- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 25 
A. The Compact shall come into effect on the date on which the Compact statute is 26 
enacted into law in the seventh Member State. 27  UNOFFICIAL COPY  	24 RS BR 295 
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1. On or after the effective date of the Compact, the Commission shall convene 1 
and review the enactment of each of the Charter Member States to 2 
determine if the statute enacted by each such Charter Member State is 3 
materially different than the model Compact statute. 4 
a. A Charter Member State whose enactment is found to be materially 5 
different from the model Compact statute shall be entitled to the 6 
default process set forth in Article 11 of this Compact. 7 
b. If any Member State is later found to be in default, or is terminated or 8 
withdraws from the Compact, the Commission shall remain in 9 
existence and the Compact shall remain in effect even if the number 10 
of Member States should be less than seven (7). 11 
2. Member States enacting the Compact subsequent to the Charter Member 12 
States shall be subject to the process set forth in Article 8.C.23 of this 13 
Compact to determine if their enactments are materially different from the 14 
model Compact statute and whether they qualify for participation in the 15 
Compact. 16 
3. All actions taken for the benefit of the Commission or in furtherance of the 17 
purposes of the administration of the Compact prior to the effective date of 18 
the Compact or the Commission coming into existence shall be considered 19 
to be actions of the Commission unless specifically repudiated by the 20 
Commission. 21 
4. Any State that joins the Compact shall be subject to the Commission’s Rules 22 
and bylaws as they exist on the date on which the Compact becomes law in 23 
that State. Any Rule that has been previously adopted by the Commission 24 
shall have the full force and effect of law on the day the Compact becomes 25 
law in that State. 26 
B. Any Member State may withdraw from this Compact by enacting a statute 27  UNOFFICIAL COPY  	24 RS BR 295 
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repealing that State’s enactment of the Compact. 1 
1. A Member State’s withdrawal shall not take effect until one hundred eighty 2 
(180) days after enactment of the repealing statute. 3 
2. Withdrawal shall not affect the continuing requirement of the withdrawing 4 
State’s Licensing Authority to comply with the investigative and Adverse 5 
Action reporting requirements of this Compact prior to the effective date of 6 
withdrawal. 7 
3. Upon the enactment of a statute withdrawing from this Compact, a State 8 
shall immediately provide notice of such withdrawal to all Licensees within 9 
that State. Notwithstanding any subsequent statutory enactment to the 10 
contrary, such withdrawing State shall continue to recognize all licenses 11 
granted pursuant to this Compact for a minimum of one hundred eighty 12 
(180) days after the date of such notice of withdrawal. 13 
C. Nothing contained in this Compact shall be construed to invalidate or prevent 14 
any licensure agreement or other cooperative arrangement between a Member 15 
State and a non-Member State that does not conflict with the provisions of this 16 
Compact. 17 
D. This Compact may be amended by the Member States. No amendment to this 18 
Compact shall become effective and binding upon any Member State until it is 19 
enacted into the laws of all Member States. 20 
ARTICLE 13. CONSTRUCTION AND SEVERABILITY 21 
A. This Compact and the Commission’s rulemaking authority shall be liberally 22 
construed so as to effectuate the purposes, and the implementation and 23 
administration of the Compact. Provisions of the Compact expressly authorizing 24 
or requiring the promulgation of Rules shall not be construed to limit the 25 
Commission’s rulemaking authority solely for those purposes. 26 
B. The provisions of this Compact shall be severable and if any phrase, clause, 27  UNOFFICIAL COPY  	24 RS BR 295 
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sentence, or provision of this Compact is held by a court of competent jurisdiction 1 
to be contrary to the constitution of any Member State, a State seeking 2 
participation in the Compact, or of the United States, or the applicability thereof 3 
to any government, agency, person, or circumstance is held to be unconstitutional 4 
by a court of competent jurisdiction, the validity of the remainder of this Compact 5 
and the applicability thereof to any other government, agency, person, or 6 
circumstance shall not be affected thereby. 7 
C. Notwithstanding subsection B. of this Article, the Commission may deny a State’s 8 
participation in the Compact or, in accordance with the requirements of Article 9 
11.B. of this Compact terminate a Member State’s participation in the Compact, 10 
if it determines that a constitutional requirement of a Member State is a material 11 
departure from the Compact. Otherwise, if this Compact shall be held to be 12 
contrary to the constitution of any Member State, the Compact shall remain in 13 
full force and effect as to the remaining Member States and in full force and 14 
effect as to the Member State affected as to all severable matters. 15 
ARTICLE 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE 16 
LAWS 17 
Nothing herein shall prevent or inhibit the enforcement of any other law of a Member 18 
State that is not inconsistent with the Compact. Any laws, statutes, regulations, or other 19 
legal requirements in a Member State in conflict with the Compact are superseded to 20 
the extent of the conflict. All permissible agreements between the Commission and the 21 
Member States are binding in accordance with their terms. 22 
ARTICLE 15. APPLICABILITY TO KENTUCKY STATE GOVERNMENT 23 
In order to clarify the effect of certain provisions of this Compact and to ensure that 24 
the rights and responsibilities of the various branches of government are maintained, 25 
the following shall be in effect in this State: 26 
A. By entering into this Compact, this state authorizes the State Licensing Authority 27  UNOFFICIAL COPY  	24 RS BR 295 
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as defined in Article 2 of this Compact and as created by KRS 309.354 to 1 
implement the provisions of this Compact. 2 
B. Notwithstanding any provision of this Compact to the contrary: 3 
1. When a Rule is adopted pursuant to Article 10 of this Compact, the State 4 
Licensing Authority as defined by Article 2 of this Compact shall have sixty 5 
(60) days to review the Rule for the purpose of filing the Rule as an 6 
emergency administrative regulation pursuant to KRS 13A.190 and for 7 
filing the Rule as an accompanying ordinary administrative regulation, 8 
following the requirements of KRS Chapter 13A. Failure by the State 9 
Licensing Authority as defined by Article 2 of this Compact to promulgate a 10 
Rule adopted by the Commission as an administrative regulation pursuant 11 
to KRS Chapter 13A shall result in the initiation of the process for 12 
withdrawal as set forth in Article 12 of this Compact. Nothing in these 13 
provisions shall negate the applicability and effect of Article 10 of this 14 
Compact to this State. 15 
2. If the proposed administrative regulation is found deficient and the 16 
deficiency is not resolved pursuant to KRS 13A.330 or 13A.335, the 17 
provisions of Article 11 of this Compact shall apply. If the procedures under 18 
Article 11 of this Compact fail to resolve an issue, the provisions of Article 19 
12 of this compact shall apply. 20 
3. If the Commission created by Article 8 of this Compact exercises its 21 
rulemaking authority in a manner that is beyond the scope of the purposes 22 
of this Compact, or the powers granted under this Compact, then such an 23 
action by the Commission shall be invalid and have no force or effect. 24 
C. Article 8 of this Compact pertaining to the financing of the Commission shall not 25 
be interpreted to obligate the general fund of this State. Any funds used to 26 
finance this Compact shall be from money collected pursuant to KRS 309.354. 27  UNOFFICIAL COPY  	24 RS BR 295 
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D. This Compact shall apply only to those massage therapists who practice or work 1 
under a compact privilege. 2