Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2563 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 1446 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2563
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bud L. Williams
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing the dentist and dental hygienist compact.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Bud L. Williams11th Hampden1/14/2025Lindsay N. Sabadosa1st Hampshire2/11/2025Samantha Montaño15th Suffolk2/11/2025Natalie M. Higgins4th Worcester2/24/2025 1 of 36
16	16	HOUSE DOCKET, NO. 1446 FILED ON: 1/14/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2563
18	18	By Representative Williams of Springfield, a petition (accompanied by bill, House, No. 2563) of
19	19	Bud L. Williams and others for legislation to establish a dentist and dental hygienist compact.
20	20	Public Health.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act establishing the dentist and dental hygienist compact.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 The General Laws are hereby amended by inserting after chapter 112A the following
30	30	2chapter:-
31	31	3 Chapter 112B. Dentist and Dental Hygienist Compact
32	32	4 Section 1. This chapter shall be known and cited as the Dentist and Dental Hygienist
33	33	5Compact. The purposes of this compact are to facilitate the interstate practice of dentistry and
34	34	6dental hygiene and improve public access to dentistry and dental hygiene services by providing
35	35	7dentists and dental hygienists licensed in a participating state the ability to practice in
36	36	8participating states in which they are not licensed. The compact does this by establishing a
37	37	9pathway for dentists and dental hygienists licensed in a participating state to obtain a compact
38	38	10privilege that authorizes them to practice in another participating state in which they are not
39	39	11licensed. The compact enables participating states to protect the public health and safety with 2 of 36
40	40	12respect to the practice of such dentists and dental hygienists, through the state’s authority to
41	41	13regulate the practice of dentistry and dental hygiene in the state. The compact:
42	42	14 (i) enables dentists and dental hygienists who qualify for a compact privilege to practice
43	43	15in other participating states without satisfying burdensome and duplicative requirements
44	44	16associated with securing a license to practice in those states;
45	45	17 (ii) promotes mobility and addresses workforce shortages through each participating
46	46	18state’s acceptance of a compact privilege to practice in that state;
47	47	19 (iii) increases public access to qualified, licensed dentists and dental hygienists by
48	48	20creating a responsible, streamlined pathway for licensees to practice in participating states.
49	49	21 (iv) enhances the ability of participating states to protect the public’s health and safety;
50	50	22 (v) does not interfere with licensure requirements established by a participating state;
51	51	23 (vi) facilitates the sharing of licensure and disciplinary information among participating
52	52	24states;
53	53	25 (vii) requires dentists and dental hygienists who practice in a participating state pursuant
54	54	26to a compact privilege to practice within the scope of practice authorized in that state;
55	55	27 (viii) extends the authority of a participating state to regulate the practice of dentistry and
56	56	28dental hygiene within its borders to dentists and dental hygienists who practice in the state
57	57	29through a compact privilege;
58	58	30 (ix) promotes the cooperation of participating state in regulating the practice of dentistry
59	59	31and dental hygiene within those states; 3 of 36
60	60	32 (x) facilitates the relocation of military members and their spouses who are licensed to
61	61	33practice dentistry or dental hygiene;
62	62	34 Section 2. As used in this chapter, unless the context requires otherwise, the following
63	63	35words shall have the following meanings:
64	64	36 “Active Military Member”, any person with full-time duty status in the armed forces of
65	65	37the United States, including members of the National Guard and Reserve.
66	66	38 “Adverse Action”, disciplinary action or encumbrance imposed on a license or compact
67	67	39privilege by a state licensing authority.
68	68	40 “Alternative Program”, a non-disciplinary monitoring or practice remediation process
69	69	41applicable to a dentist or dental hygienist approved by a state licensing authority of a
70	70	42participating state in which the dentist or dental hygienist is licensed, including, but not limited
71	71	43to, programs to which licensees with substance abuse or addiction issues are referred in lieu of
72	72	44adverse action.
73	73	45 “Clinical Assessment”, an examination or process, required for licensure as a dentist or
74	74	46dental hygienist, as applicable, that provides evidence of clinical competence in dentistry or
75	75	47dental hygiene.
76	76	48 “Commissioner”, the individual appointed by a participating state to serve as the member
77	77	49of the commission for that participating state.
78	78	50 “Compact”, this chapter, implementing the Dentist and Dental Hygienist Compact in the
79	79	51commonwealth. 4 of 36
80	80	52 “Compact Privilege”, the authorization granted by a remote state to allow a licensee from
81	81	53a participating state to practice as a dentist or dental hygienist in a remote state.
82	82	54 “Continuing Professional Development”, a requirement as a condition of license renewal
83	83	55to provide evidence of successful participation in educational or professional activities relevant
84	84	56to practice or area of work.
85	85	57 “Criminal Background Check”, the submission of fingerprints or other biometric-based
86	86	58information for a license applicant for the purpose of obtaining that applicant’s criminal history
87	87	59record information, as defined in 28 C.F.R. § 20.3(d) from the Federal Bureau of Investigation
88	88	60and the State’s criminal history record repository as defined in 28 C.F.R. § 20.3(f).
89	89	61 “Data System”, the Commission’s repository of information about licensees, including,
90	90	62but not limited to, examination, licensure, investigative, compact privilege, adverse action, and
91	91	63alternative program.
92	92	64 “Dental Hygienist”, an individual who is licensed by a state licensing authority to
93	93	65practice dental hygiene.
94	94	66 “Dentist”, an individual who is licensed by a state licensing authority to practice
95	95	67dentistry.
96	96	68 “Dentist and Dental Hygienist Compact Commission” or “Commission”, a joint
97	97	69government agency established by this compact comprised of each state that has enacted the
98	98	70compact and a national administrative body comprised of a commissioner from each state that
99	99	71has enacted the compact. 5 of 36
100	100	72 “Encumbered License”, a license that a state licensing authority has limited in any way
101	101	73other than through an alternative program.
102	102	74 “Executive Board”, the Chair, Vice Chair, Secretary and Treasurer and any other
103	103	75commissioners as may be determined by commission rule or bylaw.
104	104	76 “Jurisprudence Requirement”, the assessment of an individual’s knowledge of the laws
105	105	77and rules governing the practice of dentistry or dental hygiene, as applicable, in a state.
106	106	78 “License”, current authorization by a state, other than authorization pursuant to a compact
107	107	79privilege, or other privilege, for an individual to practice as a dentist or dental hygienist in that
108	108	80state.
109	109	81 “Licensee”, an individual who holds an unrestricted license from a participating state to
110	110	82practice as a dentist or dental hygienist in that state.
111	111	83 “Model Compact”, the model for the Dentist and Dental Hygienist Compact on file with
112	112	84the Council of State Governments or other entity as designated by the commission.
113	113	85 “Participating State”, the commonwealth and any other state that has enacted the compact
114	114	86and been admitted to the commission in accordance with this chapter and commission rules.
115	115	87 “Qualifying License”, a license that is not an encumbered license issued by a
116	116	88participating state to practice dentistry or dental hygiene.
117	117	89 “Remote State”, a participating state where a licensee who is not licensed as a dentist or
118	118	90dental hygienist is exercising or seeking to exercise the compact privilege.
119	119	91 “Rule”, a regulation promulgated by an entity that has the force of law. 6 of 36
120	120	92 “Scope of Practice”, the procedures, actions, and processes a dentist or dental hygienist
121	121	93licensed in a state is permitted to undertake in that state and the circumstances under which the
122	122	94licensee is permitted to undertake those procedures, actions and processes. Such procedures,
123	123	95actions and processes and the circumstances under which they may be undertaken may be
124	124	96established through means, including, but not limited to, statute, regulations, case law, and other
125	125	97processes available to the state licensing authority or other government agency.
126	126	98 “Significant Investigative Information”, information, records, and documents received or
127	127	99generated by a state licensing authority pursuant to an investigation for which a determination
128	128	100has been made that there is probable cause to believe that the licensee has violated a statute or
129	129	101regulation that is considered more than a minor infraction for which the state licensing authority
130	130	102could pursue adverse action against the licensee.
131	131	103 “State”, any state, commonwealth, district, or territory of the United States of America
132	132	104that regulates the practices of dentistry and dental hygiene.
133	133	105 “State Licensing Authority,” an agency or other entity of a state that is responsible for the
134	134	106licensing and regulation of dentists or dental hygienists.
135	135	107 Section 3. (a) In order to join the compact and thereafter continue as a participating state,
136	136	108a state shall:
137	137	109 (1) enact a compact that is not materially different from the model compact as determined
138	138	110in accordance with commission rules;
139	139	111 (2) participate fully in the commission’s data system; 7 of 36
140	140	112 (3) have a mechanism in place for receiving and investigating complaints about its
141	141	113licensees and license applicants;
142	142	114 (4) notify the commission, in compliance with the terms of the compact and commission
143	143	115rules, of any adverse action or the availability of significant investigative information regarding a
144	144	116licensee and license applicant;
145	145	117 (5) fully implement a criminal background check requirement, within a time frame
146	146	118established by commission rule, by receiving the results of a qualifying criminal background
147	147	119check;
148	148	120 (6) comply with the commission rules applicable to a participating state;
149	149	121 (7) accept the National Board Examinations of the Joint Commission on National Dental
150	150	122Examinations or another examination accepted by commission rule as a licensure examination;
151	151	123 (8) accept for licensure that applicants for a dentist license graduate from a predoctoral
152	152	124dental education program accredited by the Commission on Dental Accreditation, or another
153	153	125accrediting agency recognized by the United States Department of Education for the
154	154	126accreditation of dentistry and dental hygiene education programs, leading to the Doctor of Dental
155	155	127Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree;
156	156	128 (9) accept for licensure that applicants for a dental hygienist license graduate from a
157	157	129dental hygiene education program accredited by the Commission on Dental Accreditation or
158	158	130another accrediting agency recognized by the United States Department of Education for the
159	159	131accreditation of dentistry and dental hygiene education programs;
160	160	132 (10) require for licensure that applicants successfully complete a clinical assessment; 8 of 36
161	161	133 (11) have continuing professional development requirements as a condition for license
162	162	134renewal; and
163	163	135 (12) pay a participation fee to the commission as established by commission rule.
164	164	136 (b) Providing alternative pathways for an individual to obtain an unrestricted license shall
165	165	137not disqualify a state from participating in the compact.
166	166	138 (c) When conducting a criminal background check the state licensing authority shall:
167	167	139 (1) consider that information in making a licensure decision;
168	168	140 (2) maintain documentation of completion of the criminal background check and
169	169	141background check information to the extent allowed by state and federal law; and
170	170	142 (3) report to the commission whether it has completed the criminal background check and
171	171	143whether the individual was granted or denied a license
172	172	144 (d) A licensee of a participating state who has a qualifying license in that state and does
173	173	145not hold an encumbered license in any other participating state shall be issued a compact
174	174	146privilege in a remote state in accordance with the terms of the compact and commission rules. If
175	175	147a remote state has a jurisprudence requirement a compact privilege will not be issued to the
176	176	148licensee unless the licensee has satisfied the jurisprudence requirement.
177	177	149 Section 4. (a) To obtain and exercise the compact privilege under the terms and
178	178	150provisions of the compact, the licensee shall:
179	179	151 (1) have a qualifying license as a dentist or dental hygienist in a participating state; 9 of 36
180	180	152 (2) be eligible for a compact privilege in any remote State in accordance with paragraphs
181	181	153(d), (g) and (h);
182	182	154 (3) submit to an application process whenever the licensee is seeking a compact
183	183	155privilege;
184	184	156 (4) pay any applicable commission and remote state fees for a compact privilege in the
185	185	157remote state;
186	186	158 (5) meet any jurisprudence requirement established by a remote state in which the
187	187	159licensee is seeking a compact privilege;
188	188	160 (6) have passed a National Board Examination of the Joint Commission on National
189	189	161Dental Examinations or another examination accepted by commission rule;
190	190	162 (7) for a dentist, have graduated from a predoctoral dental education program accredited
191	191	163by the Commission on Dental Accreditation, or another accrediting agency recognized by the
192	192	164United States Department of Education for the accreditation of dentistry and dental hygiene
193	193	165education programs, leading to the Doctor of Dental Surgery (D.D.S.) or Doctor of Dental
194	194	166Medicine (D.M.D.) degree;
195	195	167 (8) for a dental hygienist, have graduated from a dental hygiene education program
196	196	168accredited by the Commission on Dental Accreditation or another accrediting agency recognized
197	197	169by the United States Department of Education for the accreditation of dentistry and dental
198	198	170hygiene education programs;
199	199	171 (9) have successfully completed a clinical assessment for licensure; 10 of 36
200	200	172 (10) report to the commission adverse action taken by any non-participating state when
201	201	173applying for a compact privilege and, otherwise, within 30 days from the date the adverse action
202	202	174is taken;
203	203	175 (11) report to the commission when applying for a compact privilege the address of the
204	204	176licensee’s primary residence and thereafter immediately report to the commission any change in
205	205	177the address of the licensee’s primary residence; and
206	206	178 (12) consent to accept service of process by mail at the licensee’s primary residence on
207	207	179record with the commission with respect to any action brought against the licensee by the
208	208	180commission or a participating state, and consent to accept service of a subpoena by mail at the
209	209	181licensee’s primary residence on record with the commission with respect to any action brought or
210	210	182investigation conducted by the commission or a participating state.
211	211	183 (b) The licensee must comply with the requirements of subsection (a) to maintain the
212	212	184compact privilege in the remote state. If those requirements are met, the compact privilege will
213	213	185continue as long as the licensee maintains a qualifying license in the state through which the
214	214	186licensee applied for the compact privilege and pays any applicable compact privilege renewal
215	215	187fees.
216	216	188 (c) A licensee providing dentistry or dental hygiene in a remote state under the compact
217	217	189privilege shall function within the scope of practice authorized by the remote state for a dentist or
218	218	190dental hygienist licensed in that state.
219	219	191 (d) A licensee providing dentistry or dental hygiene pursuant to a compact privilege in a
220	220	192remote state is subject to that state’s regulatory authority. A remote state may, in accordance
221	221	193with due process and that state’s laws, by adverse action revoke or remove a licensee’s compact 11 of 36
222	222	194privilege in the remote state for a specific period of time and impose fines or take any other
223	223	195necessary actions to protect the health and safety of its citizens. If a remote state imposes an
224	224	196adverse action against a compact privilege that limits the compact privilege, that adverse action
225	225	197applies to all compact privileges in all remote states. A licensee whose compact privilege in a
226	226	198remote state is removed for a specified period of time is not eligible for a compact privilege in
227	227	199any other remote state until the specific time for removal of the compact privilege has passed and
228	228	200all encumbrance requirements are satisfied.
229	229	201 (e) If a license in a participating state is an encumbered license, the licensee shall lose the
230	230	202compact privilege in a remote state and shall not be eligible for a compact privilege in any
231	231	203remote state until the license is no longer encumbered.
232	232	204 (f) Once an encumbered license in a participating state is restored to good standing, the
233	233	205licensee must meet the requirements of subsection (a) to obtain a compact privilege in a remote
234	234	206state.
235	235	207 (g) If a licensee’s compact privilege in a remote state is removed by the remote state, the
236	236	208individual shall lose or be ineligible for the compact privilege in any remote state until the
237	237	209following occur:
238	238	210 (1) the specific period of time for which the compact privilege was removed has ended;
239	239	211and
240	240	212 (2) all conditions for removal of the compact privilege have been satisfied.
241	241	213 (h) Once the requirements of subsection (g) have been met, the licensee must meet the
242	242	214requirements in subsection (a) to obtain a compact privilege in a remote state. 12 of 36
243	243	215 Section 5. An active military member and their spouse shall not be required to pay to the
244	244	216commission for a compact privilege the fee otherwise charged by the commission. If a remote
245	245	217state chooses to charge a fee for a compact privilege, it may choose to charge a reduced fee or no
246	246	218fee to an active military member and their spouse for a compact privilege.
247	247	219 Section 6. (a) A participating state in which a licensee is licensed shall have exclusive
248	248	220authority to impose adverse action against the qualifying license issued by that participating
249	249	221state.
250	250	222 (b) A participating state may take adverse action based on the significant investigative
251	251	223information of a remote state, so long as the participating state follows its own procedures for
252	252	224imposing adverse action.
253	253	225 (c) Nothing in this compact shall override a participating state’s decision that
254	254	226participation in an alternative program may be used in lieu of adverse action and that such
255	255	227participation shall remain non-public if required by the participating state’s laws. Participating
256	256	228states must require licensees who enter any alternative program in lieu of discipline to agree not
257	257	229to practice pursuant to a compact privilege in any other participating state during the term of the
258	258	230alternative program without prior authorization from such other participating state.
259	259	231 (d) Any participating state in which a licensee is applying to practice or is practicing
260	260	232pursuant to a compact privilege may investigate actual or alleged violations of the statutes and
261	261	233regulations authorizing the practice of dentistry or dental hygiene in any other participating state
262	262	234in which the dentist or dental hygienist holds a license or compact privilege.
263	263	235 (e) A remote state shall have the authority to: 13 of 36
264	264	236 (1) take adverse actions under subsection (d) of section 4 against a licensee’s compact
265	265	237privilege in the state;
266	266	238 (2) in furtherance of its rights and responsibilities under the compact and the
267	267	239commission’s rules issue subpoenas for both hearings and investigations that require the
268	268	240attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a
269	269	241state licensing authority in a participating state for the attendance and testimony of witnesses, or
270	270	242the production of evidence from another participating state, shall be enforced in the latter state by
271	271	243any court of competent jurisdiction, according to the practice and procedure of that court
272	272	244applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay
273	273	245any witness fees, travel expenses, mileage, and other fees required by the service statutes of the
274	274	246state where the witnesses or evidence are located; and
275	275	247 (3) if otherwise permitted by state law, recover from the licensee the costs of
276	276	248investigations and disposition of cases resulting from any adverse action taken against that
277	277	249licensee.
278	278	250 (f)(1) In addition to the authority granted to a participating state by its dentist or dental
279	279	251hygienist licensure act or other applicable state law, a participating state may jointly investigate
280	280	252licensees with other participating states.
281	281	253 (2) Participating states shall share any significant investigative information, litigation, or
282	282	254compliance materials in furtherance of any joint or individual investigation initiated under the
283	283	255compact. 14 of 36
284	284	256 (g) (1) After a licensee's compact privilege in a remote state is terminated, the remote
285	285	257state may continue an investigation of the licensee that began when the licensee had a compact
286	286	258privilege in that remote state.
287	287	259 (2) If the investigation yields what would be significant investigative information had the
288	288	260licensee continued to have a compact privilege in that remote state, the remote state shall report
289	289	261the presence of such information to the data system as required by paragraph (6) of subsection
290	290	262(b) of section 8 as if it was significant investigative information.
291	291	263 Section 7. (a) The compact participating states hereby create and establish a joint
292	292	264government agency whose membership consists of all participating states that have enacted the
293	293	265compact. The commission is an instrumentality of the participating states acting jointly and not
294	294	266an instrumentality of any one state. The commission shall come into existence on or after the
295	295	267effective date of the compact as set forth in subsection (a) of section 11.
296	296	268 (b) (1) Each participating state shall have and be limited to 1 commissioner selected by
297	297	269that participating state’s state licensing authority or, if the state has more than 1 state licensing
298	298	270authority, selected collectively by the state licensing authorities.
299	299	271 (2) The commissioner shall be a member or designee of such authority or authorities.
300	300	272 (3) The commission may by rule or bylaw establish a term of office for commissioners
301	301	273and may by rule or bylaw establish term limits.
302	302	274 (4) The commission may recommend to a state licensing authority or authorities, as
303	303	275applicable, removal or suspension of an individual as the state’s commissioner. 15 of 36
304	304	276 (5) A participating state’s state licensing authority, or authorities, as applicable, shall fill
305	305	277any vacancy of its commissioner on the commission within 60 days of the vacancy.
306	306	278 (6) Each commissioner shall be entitled to 1 vote on all matters that are voted upon by the
307	307	279commission.
308	308	280 (7) The commission shall meet at least once during each calendar year. Additional
309	309	281meetings may be held as set forth in the bylaws. The commission may meet by
310	310	282telecommunication, video conference or other similar electronic means.
311	311	283 (c) The commission shall have the following powers:
312	312	284 (1) establish the fiscal year of the commission;
313	313	285 (2) establish a code of conduct and conflict of interest policies;
314	314	286 (3) adopt rules and bylaws;
315	315	287 (4) maintain its financial records in accordance with the bylaws;
316	316	288 (5) meet and take such actions as are consistent with the provisions of this compact, the
317	317	289commission’s rules, and the bylaws;
318	318	290 (6) initiate and conclude legal proceedings or actions in the name of the commission;
319	319	291provided, that the standing of any state licensing authority to sue or be sued under applicable law
320	320	292shall not be affected;
321	321	293 (7) maintain and certify records and information provided to a participating state as the
322	322	294authenticated business records of the commission, and designate a person to do so on the
323	323	295commission's behalf; 16 of 36
324	324	296 (8) purchase and maintain insurance and bonds;
325	325	297 (9) borrow, accept, or contract for services of personnel, including, but not limited to,
326	326	298employees of a participating state;
327	327	299 (10) conduct an annual financial review;
328	328	300 (11) hire employees, elect or appoint officers, fix compensation, define duties, grant such
329	329	301individuals appropriate authority to carry out the purposes of the compact, and establish the
330	330	302commission’s personnel policies and programs relating to conflicts of interest, qualifications of
331	331	303personnel, and other related personnel matters;
332	332	304 (12) as set forth in the commission rules, charge a fee to a licensee for the grant of a
333	333	305compact privilege in a remote state and thereafter, as may be established by commission rule,
334	334	306charge the licensee a compact privilege renewal fee for each renewal period in which that
335	335	307licensee exercises or intends to exercise the compact privilege in that remote state. Nothing
336	336	308herein shall be construed to prevent a remote state from charging a licensee a fee for a compact
337	337	309privilege or renewals of a compact privilege, or a fee for the jurisprudence requirement if the
338	338	310remote state imposes such a requirement for the grant of a compact privilege;
339	339	311
340	340	312 (13) accept any and all appropriate gifts, donations, grants of money, other sources of
341	341	313revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the
342	342	314same; provided that at all times the commission shall avoid any appearance of impropriety or
343	343	315conflict of interest; 17 of 36
344	344	316 (14) lease, purchase, retain, own, hold, improve, or use any property, real, personal, or
345	345	317mixed, or any undivided interest therein;
346	346	318 (15) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
347	347	319any property real, personal, or mixed;
348	348	320 (16) establish a budget and make expenditures;
349	349	321 (17) borrow money;
350	350	322 (18) appoint committees, including standing committees, which may be composed of
351	351	323members, state regulators, state legislators or their representatives, and consumer representatives,
352	352	324and such other interested persons as may be designated in this compact and the bylaws;
353	353	325 (19) provide and receive information from, and cooperate with, law enforcement
354	354	326agencies;
355	355	327 (20) elect a chair, vice chair, secretary and treasurer and such other officers of the
356	356	328commission as provided in the commission’s bylaws;
357	357	329 (21) establish and elect an executive board;
358	358	330 (22) adopt and provide to the participating states an annual report;
359	359	331 (23) determine whether a state’s enacted compact is materially different from the model
360	360	332compact language such that the state would not qualify for participation in the compact; and
361	361	333 (24) perform such other functions as may be necessary or appropriate to achieve the
362	362	334purposes of this compact. 18 of 36
363	363	335 (d) (1) All meetings of the commission that are not closed pursuant to this subsection
364	364	336shall be open to the public. Notice of public meetings shall be posted on the commission’s
365	365	337website at least 30 days prior to the public meeting.
366	366	338 (2) Notwithstanding paragraph 1 of subsection (d), the commission may convene an
367	367	339emergency public meeting by providing at least 24 hours prior notice on the commission’s
368	368	340website, and any other means as provided in the commission’s rules, for any of the reasons it
369	369	341may dispense with notice of proposed rulemaking under section 9. The commission’s legal
370	370	342counsel shall certify that 1 of the reasons justifying an emergency public meeting has been met.
371	371	343 (3) Notice of all commission meetings shall provide the time, date, and location of the
372	372	344meeting, and if the meeting is to be held or accessible via telecommunication, video conference,
373	373	345or other electronic means, the notice shall include the mechanism for access to the meeting
374	374	346through such means.
375	375	347 (4) The commission may convene in a closed, non-public meeting for the commission to
376	376	348receive legal advice or to discuss:
377	377	349 (i) non-compliance of a participating state with its obligations under the compact;
378	378	350 (ii) the employment, compensation, discipline or other matters, practices or procedures
379	379	351related to specific employees or other matters related to the commission’s internal personnel
380	380	352practices and procedures;
381	381	353 (iii) current or threatened discipline of a licensee or compact privilege holder by the
382	382	354commission or by a participating state’s licensing authority;
383	383	355 (iv) current, threatened, or reasonably anticipated litigation; 19 of 36
384	384	356 (v) negotiation of contracts for the purchase, lease, or sale of goods, services, or real
385	385	357estate;
386	386	358 (vi) accusing any person of a crime or formally censuring any person;
387	387	359 (vii) trade secrets or commercial or financial information that is privileged or
388	388	360confidential;
389	389	361 (viii) information of a personal nature where disclosure would constitute a clearly
390	390	362unwarranted invasion of personal privacy;
391	391	363 (ix) investigative records compiled for law enforcement purposes;
392	392	364 (x) information related to any investigative reports prepared by or on behalf of or for use
393	393	365of the commission or other committee charged with responsibility of investigation or
394	394	366determination of compliance issues pursuant to the compact;
395	395	367 (xi) legal advice;
396	396	368 (xii) matters specifically exempted from disclosure to the public by federal or
397	397	369participating state law; and
398	398	370 (xiii) other matters as promulgated by the commission by rule.
399	399	371 (5) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the
400	400	372meeting will be closed and reference each relevant exempting provision, and such reference shall
401	401	373be recorded in the minutes.
402	402	374 (6) The commission shall keep minutes that fully and clearly describe all matters
403	403	375discussed in a meeting and shall provide a full and accurate summary of actions taken, and the 20 of 36
404	404	376reasons therefore, including a description of the views expressed. All documents considered in
405	405	377connection with an action shall be identified in such minutes. All minutes and documents of a
406	406	378closed meeting shall remain under seal, subject to release only by a majority vote of the
407	407	379commission or order of a court of competent jurisdiction.
408	408	380 (e) (1) The commission shall pay, or provide for the payment of, the reasonable expenses
409	409	381of its establishment, organization, and ongoing activities.
410	410	382 (2) The commission may accept any and all appropriate sources of revenue, donations,
411	411	383and grants of money, equipment, supplies, materials, and services.
412	412	384 (3) The commission may levy on and collect an annual assessment from each
413	413	385participating state and impose fees on licensees of participating states when a compact privilege
414	414	386is granted to cover the cost of the operations and activities of the commission and its staff, which
415	415	387must be in a total amount sufficient to cover its annual budget as approved each fiscal year for
416	416	388which sufficient revenue is not provided by other sources. The aggregate annual assessment
417	417	389amount for participating states shall be allocated based upon a formula that the commission shall
418	418	390promulgate by rule.
419	419	391 (4) The commission shall not incur obligations of any kind prior to securing the funds
420	420	392adequate to meet the same; nor shall the commission pledge the credit of any participating state,
421	421	393except by and with the authority of the participating state.
422	422	394 (5) The commission shall keep accurate accounts of all receipts and disbursements. The
423	423	395receipts and disbursements of the commission shall be subject to the financial review and
424	424	396accounting procedures established under its bylaws. All receipts and disbursements of funds
425	425	397handled by the commission shall be subject to an annual financial review by a certified or 21 of 36
426	426	398licensed public accountant, and the report of the financial review shall be included in and
427	427	399become part of the annual report of the commission.
428	428	400 (f) (1) The executive board shall have the power to act on behalf of the commission
429	429	401according to the terms of this compact. The powers, duties, and responsibilities of the executive
430	430	402board shall include:
431	431	403 (i) overseeing the day-to-day activities of the administration of the compact including
432	432	404compliance with the provisions of the compact, the commission’s rules and bylaws;
433	433	405 (ii) recommending to the commission changes to the rules or bylaws, changes to this
434	434	406compact legislation, fees charged to compact participating states, fees charged to licensees, and
435	435	407other fees;
436	436	408 (iii) ensuring compact administration services are appropriately provided, including by
437	437	409contract;
438	438	410 (iv) preparing and recommending the budget;
439	439	411 (v) maintaining financial records on behalf of the commission;
440	440	412 (vi) monitoring compact compliance of participating states and providing compliance
441	441	413reports to the commission;
442	442	414 (vii) establishing additional committees as necessary;
443	443	415 (viii) exercising the powers and duties of the commission during the interim between
444	444	416commission meetings, except for adopting or amending rules, adopting or amending bylaws, and 22 of 36
445	445	417exercising any other powers and duties expressly reserved to the commission by rule or bylaw;
446	446	418and
447	447	419 (ix) other duties as provided in the rules or bylaws of the commission.
448	448	420 (2) The executive board shall be composed of up to 7 members:
449	449	421 (i)The chair, vice chair, secretary and treasurer of the commission and any other members
450	450	422of the commission who serve on the executive board shall be voting members of the executive
451	451	423board;
452	452	424 (ii) Other than the chair, vice chair, secretary, and treasurer, the commission may elect up
453	453	425to 3 voting members from the current membership of the commission.
454	454	426 (3) The commission may remove any member of the executive board as provided in the
455	455	427commission’s bylaws.
456	456	428 (4) The executive board shall meet at least annually.
457	457	429 (i) An executive board meeting at which it takes or intends to take formal action on a
458	458	430matter shall be open to the public, except that the executive board may meet in a closed, non-
459	459	431public session of a public meeting when dealing with any of the matters covered under paragraph
460	460	432(4) of subsection (d).
461	461	433 (ii) The executive board shall give 5 business days’ notice of its public meetings, posted
462	462	434on its website and as it may otherwise determine to provide notice to persons with an interest in
463	463	435the public matters the executive board intends to address at those meetings. 23 of 36
464	464	436 5. The executive board may hold an emergency meeting when acting for the commission
465	465	437to:
466	466	438 (i) meet an imminent threat to public health, safety, or welfare;
467	467	439 (ii) prevent a loss of commission or participating state funds; or
468	468	440 (iii) protect public health and safety.
469	469	441 (g) (1) The members, officers, executive director, employees and representatives of the
470	470	442commission shall be immune from suit and liability, both personally and in their official
471	471	443capacity, for any claim for damage to or loss of property or personal injury or other civil liability
472	472	444caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the
473	473	445person against whom the claim is made had a reasonable basis for believing occurred within the
474	474	446scope of commission employment, duties or responsibilities; provided that nothing in this
475	475	447paragraph shall be construed to protect any such person from suit or liability for any damage,
476	476	448loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
477	477	449The procurement of insurance of any type by the commission shall not in any way compromise
478	478	450or limit the immunity granted hereunder.
479	479	451 (2) The commission shall defend any member, officer, executive director, employee, and
480	480	452representative of the commission in any civil action seeking to impose liability arising out of any
481	481	453actual or alleged act, error, or omission that occurred within the scope of commission
482	482	454employment, duties, or responsibilities, or as determined by the commission that the person
483	483	455against whom the claim is made had a reasonable basis for believing occurred within the scope
484	484	456of commission employment, duties, or responsibilities; provided that nothing herein shall be
485	485	457construed to prohibit that person from retaining their own counsel at their own expense; and 24 of 36
486	486	458provided further, that the actual or alleged act, error, or omission did not result from that
487	487	459person’s intentional or willful or wanton misconduct.
488	488	460 (3) Notwithstanding paragraph (1), should any member, officer, executive director,
489	489	461employee, or representative of the commission be held liable for the amount of any settlement or
490	490	462judgment arising out of any actual or alleged act, error, or omission that occurred within the
491	491	463scope of that individual's employment, duties, or responsibilities for the commission, or that the
492	492	464person to whom that individual is liable had a reasonable basis for believing occurred within the
493	493	465scope of the individual's employment, duties, or responsibilities for the commission, the
494	494	466commission shall indemnify and hold harmless such individual, provided that the actual or
495	495	467alleged act, error, or omission did not result from the intentional or willful or wanton misconduct
496	496	468of the individual.
497	497	469 (4) Nothing herein shall be construed as a limitation on the liability of any licensee for
498	498	470professional malpractice or misconduct, which shall be governed solely by any other applicable
499	499	471state laws.
500	500	472 (5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a
501	501	473participating state’s state action immunity or state action affirmative defense with respect to
502	502	474antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or
503	503	475anticompetitive law or regulation.
504	504	476 (6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by
505	505	477the participating states or by the commission.
506	506	478 Section 8. (a) The commission shall provide for the development, maintenance,
507	507	479operation, and utilization of a coordinated database and reporting system containing licensure, 25 of 36
508	508	480adverse action, and the presence of significant investigative information on all licensees and
509	509	481applicants for a license in participating states.
510	510	482 (b) Notwithstanding any other provision of state law to the contrary, a participating state
511	511	483shall submit a uniform data set to the data system on all individuals to whom this compact is
512	512	484applicable as required by the rules of the commission, including:
513	513	485 (1) identifying information;
514	514	486 (2) licensure data;
515	515	487 (3) adverse actions against a licensee, license applicant or compact privilege and
516	516	488information related thereto;
517	517	489 (4) non-confidential information related to alternative program participation, the
518	518	490beginning and ending dates of such participation, and other information related to such
519	519	491participation;
520	520	492 (5) any denial of an application for licensure, and the reason or reasons for such denial,
521	521	493excluding the reporting of any criminal history record information where prohibited by law;
522	522	494 (6) the presence of significant investigative information; and
523	523	495 (7) other information that may facilitate the administration of this compact or the
524	524	496protection of the public, as determined by the rules of the commission.
525	525	497 (c) the records and information provided to a participating state pursuant to this compact
526	526	498or through the data system, when certified by the commission or an agent thereof, shall constitute
527	527	499the authenticated business records of the commission, and shall be entitled to any associated 26 of 36
528	528	500hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a
529	529	501participating state.
530	530	502 (d) Significant investigative information pertaining to a licensee in any participating state
531	531	503will only be available to other participating states.
532	532	504 (e) It shall be the responsibility of the participating states to monitor the database to
533	533	505determine whether adverse action has been taken against a licensee or license applicant. Adverse
534	534	506action information pertaining to a licensee or license applicant in any participating state will be
535	535	507available to any other participating state.
536	536	508 (f) Participating states contributing information to the data system may designate
537	537	509information that may not be shared with the public without the express permission of the
538	538	510contributing state.
539	539	511 (g) Any information submitted to the data system that is subsequently expunged pursuant
540	540	512to federal law or the laws of the participating state contributing the information shall be removed
541	541	513from the data system.
542	542	514 Section 9. (a) The commission shall promulgate reasonable rules in order to effectively
543	543	515and efficiently implement and administer the purposes and provisions of the compact. A
544	544	516commission rule shall be invalid and have no force or effect only if a court of competent
545	545	517jurisdiction holds that the rule is invalid because the commission exercised its rulemaking
546	546	518authority in a manner that is beyond the scope and purposes of the compact, or the powers
547	547	519granted hereunder, or based upon another applicable standard of review. 27 of 36
548	548	520 (b) The rules of the commission shall have the force of law in each participating state,
549	549	521provided however that where the rules of the commission conflict with the laws of the
550	550	522participating state that establish the participating state’s scope of practice as held by a court of
551	551	523competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent
552	552	524of the conflict.
553	553	525 (c) The commission shall exercise its rulemaking powers pursuant to the criteria in this
554	554	526section and the rules adopted thereunder. Rules shall become binding as of the date specified by
555	555	527the commission for each rule.
556	556	528 (d) If a majority of the legislatures of the participating states rejects a commission rule or
557	557	529portion of a commission rule, by enactment of a statute or resolution in the same manner used to
558	558	530adopt the compact, within 4 years of the date of adoption of the rule, then such rule shall have no
559	559	531further force and effect in any participating state or to any state applying to participate in the
560	560	532compact.
561	561	533 (e) Rules shall be adopted at a regular or special meeting of the commission.
562	562	534 (f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and
563	563	535allow persons to provide oral and written comments, data, facts, opinions, and arguments.
564	564	536 (g) Prior to adoption of a proposed rule by the commission, and at least 30 days in
565	565	537advance of the meeting at which the commission will hold a public hearing on the proposed rule,
566	566	538the commission shall provide a notice of proposed rulemaking:
567	567	539 (1) on the website of the commission or other publicly accessible platform; 28 of 36
568	568	540 (2) to persons who have requested notice of the commission’s notices of proposed
569	569	541rulemaking, and
570	570	542 (3) in such other ways as the commission may by rule specify.
571	571	543 (h) The notice of proposed rulemaking shall include:
572	572	544 (1) the time, date, and location of the public hearing at which the commission will hear
573	573	545public comments on the proposed rule and, if different, the time, date, and location of the
574	574	546meeting where the commission will consider and vote on the proposed rule;
575	575	547 (2) if the hearing is held via telecommunication, video conference, or other electronic
576	576	548means, the commission shall include the mechanism for access to the hearing in the notice of
577	577	549proposed rulemaking;
578	578	550 (3) the text of the proposed rule and the reason therefor;
579	579	551 (4) a request for comments on the proposed rule from any interested person; and
580	580	552 (5) the manner in which interested persons may submit written comments.
581	581	553 (i) All hearings shall be recorded. A copy of the recording and all written comments and
582	582	554documents received by the commission in response to the proposed rule shall be available to the
583	583	555public.
584	584	556 (j) Nothing in this section shall be construed as requiring a separate hearing on each
585	585	557commission rule. Rules may be grouped for the convenience of the commission at hearings
586	586	558required by this section. 29 of 36
587	587	559 (k) The commission shall, by majority vote of all commissioners, take final action on the
588	588	560proposed rule based on the rulemaking record.
589	589	561 (1) The commission may adopt changes to the proposed rule provided the changes do not
590	590	562enlarge the original purpose of the proposed rule.
591	591	563 (2) The commission shall provide an explanation of the reasons for substantive changes
592	592	564made to the proposed rule as well as reasons for substantive changes not made that were
593	593	565recommended by commenters.
594	594	566 (3) The commission shall determine a reasonable effective date for the rule. Except for an
595	595	567emergency as provided in subsection (l), the effective date of the rule shall be no sooner than 30
596	596	568days after the commission issuing the notice that it adopted or amended the rule.
597	597	569 (l) Upon determination that an emergency exists, the commission may consider and adopt
598	598	570an emergency rule with 24 hours’ notice, with opportunity to comment, provided that the usual
599	599	571rulemaking procedures provided in the compact and in this section shall be retroactively applied
600	600	572to the rule as soon as reasonably possible, in no event later than 90 days after the effective date
601	601	573of the rule. For the purposes of this provision, an emergency rule is one that must be adopted
602	602	574immediately in order to:
603	603	575 (1) meet an imminent threat to public health, safety, or welfare;
604	604	576 (2) prevent a loss of commission or participating state funds;
605	605	577 (3) meet a deadline for the promulgation of a rule that is established by federal law or
606	606	578rule; or
607	607	579 (4) protect public health and safety. 30 of 36
608	608	580 (m) The commission or an authorized committee of the commission may direct revisions
609	609	581to a previously adopted rule for purposes of correcting typographical errors, errors in format,
610	610	582errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the
611	611	583website of the commission. The revision shall be subject to challenge by any person for a period
612	612	584of 30 days after posting. The revision may be challenged only on grounds that the revision
613	613	585results in a material change to a rule. A challenge shall be made in writing and delivered to the
614	614	586commission prior to the end of the notice period. If no challenge is made, the revision will take
615	615	587effect without further action. If the revision is challenged, the revision may not take effect
616	616	588without the approval of the commission.
617	617	589 (n) No participating state’s rulemaking requirements shall apply under this compact.
618	618	590 Section 10. (a) (1) The executive and judicial branches of state government in each
619	619	591participating state shall enforce this compact and take all actions necessary and appropriate to
620	620	592implement the compact.
621	621	593 (2) Venue is proper and judicial proceedings by or against the commission shall be
622	622	594brought solely and exclusively in a court of competent jurisdiction where the principal office of
623	623	595the commission is located. The commission may waive venue and jurisdictional defenses to the
624	624	596extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing
625	625	597herein shall affect or limit the selection or propriety of venue in any action against a licensee for
626	626	598professional malpractice, misconduct or any such similar matter.
627	627	599 (3) The commission shall be entitled to receive service of process in any proceeding
628	628	600regarding the enforcement or interpretation of the compact or commission rule and shall have
629	629	601standing to intervene in such a proceeding for all purposes. Failure to provide the commission 31 of 36
630	630	602service of process shall render a judgment or order void as to the commission, this compact, or
631	631	603promulgated rules.
632	632	604 (b) (1) If the commission determines that a participating state has defaulted in the
633	633	605performance of its obligations or responsibilities under this compact or the promulgated rules,
634	634	606the commission shall provide written notice to the defaulting state. The notice of default shall
635	635	607describe the default, the proposed means of curing the default, and any other action that the
636	636	608commission may take, and shall offer training and specific technical assistance regarding the
637	637	609default.
638	638	610 (2) The commission shall provide a copy of the notice of default to the other participating
639	639	611states.
640	640	612 (c) If a state in default fails to cure the default, the defaulting state may be terminated
641	641	613from the compact upon an affirmative vote of a majority of the commissioners, and all rights,
642	642	614privileges and benefits conferred on that state by this compact may be terminated on the effective
643	643	615date of termination. A cure of the default does not relieve the offending state of obligations or
644	644	616liabilities incurred during the period of default.
645	645	617 (d) Termination of participation in the compact shall be imposed only after all other
646	646	618means of securing compliance have been exhausted. Notice of intent to suspend or terminate
647	647	619shall be given by the commission to the governor, the majority and minority leaders of the
648	648	620defaulting state’s legislature, the defaulting state’s state licensing authority or authorities, as
649	649	621applicable, and each of the participating states’ state licensing authority or authorities, as
650	650	622applicable. 32 of 36
651	651	623 (e) A state that has been terminated is responsible for all assessments, obligations, and
652	652	624liabilities incurred through the effective date of termination, including obligations that extend
653	653	625beyond the effective date of termination.
654	654	626 (f) Upon the termination of a state’s participation in this compact, that state shall
655	655	627immediately provide notice to all licensees of the state, including licensees of other participating
656	656	628states issued a compact privilege to practice within that state, of such termination. The
657	657	629terminated state shall continue to recognize all compact privileges then in effect in that state for a
658	658	630minimum of 180 days after the date of said notice of termination.
659	659	631 (g) The commission shall not bear any costs related to a state that is found to be in default
660	660	632or that has been terminated from the compact, unless agreed upon in writing between the
661	661	633commission and the defaulting state.
662	662	634 (h) The defaulting state may appeal the action of the commission by petitioning the U.S.
663	663	635District Court for the District of Columbia or the federal district where the commission has its
664	664	636principal offices. The prevailing party shall be awarded all costs of such litigation, including
665	665	637reasonable attorney’s fees.
666	666	638 (i) (1) Upon request by a participating state, the commission shall attempt to resolve
667	667	639disputes related to the compact that arise among participating states and between participating
668	668	640states and non-participating states.
669	669	641 (2) The commission shall promulgate a rule providing for both mediation and binding
670	670	642dispute resolution for disputes as appropriate. 33 of 36
671	671	643 (j) (1) The commission, in the reasonable exercise of its discretion, shall enforce the
672	672	644provisions of this compact and the commission’s rules.
673	673	645 (2) By majority vote, the commission may initiate legal action against a participating
674	674	646state in default in the United States District Court for the District of Columbia or the federal
675	675	647district where the commission has its principal offices to enforce compliance with the provisions
676	676	648of the compact and its promulgated rules. The relief sought may include both injunctive relief
677	677	649and damages. In the event judicial enforcement is necessary, the prevailing party shall be
678	678	650awarded all costs of such litigation, including reasonable attorney’s fees. The remedies herein
679	679	651shall not be the exclusive remedies of the commission. The commission may pursue any other
680	680	652remedies available under federal or the defaulting participating state’s law.
681	681	653 (3) A participating state may initiate legal action against the commission in the U.S.
682	682	654District Court for the District of Columbia or the federal district where the commission has its
683	683	655principal offices to enforce compliance with the provisions of the compact and its promulgated
684	684	656rules. The relief sought may include both injunctive relief and damages. In the event judicial
685	685	657enforcement is necessary, the prevailing party shall be awarded all costs of such litigation,
686	686	658including reasonable attorney’s fees.
687	687	659 (4) No individual or entity other than a participating state may enforce this compact
688	688	660against the commission.
689	689	661 Section 11. (a) The compact shall come into effect on the date on which the compact
690	690	662statute is enacted into law in the seventh participating state.
691	691	663 (1) On or after the effective date of the compact, the commission shall convene and
692	692	664review the enactment of each of the states that enacted the compact prior to the commission 34 of 36
693	693	665convening, referred to as charter participating states, to determine if the statute enacted by each
694	694	666such charter participating state is materially different than the model compact.
695	695	667 (a) A charter participating state whose enactment is found to be materially different from
696	696	668the model compact shall be entitled to the default process in section 10.
697	697	669 (b) If any participating state is later found to be in default, or is terminated or withdraws
698	698	670from the compact, the commission shall remain in existence and the compact shall remain in
699	699	671effect even if the number of participating states is less than 7.
700	700	672 (2) Participating states enacting the compact subsequent to the charter participating states
701	701	673shall be subject to the process in paragraph 23 of subsection (c) of section 7 to determine if their
702	702	674enactments are materially different from the model compact and whether they qualify for
703	703	675participation in the compact.
704	704	676 (3) All actions taken for the benefit of the commission or in furtherance of the purposes
705	705	677of the administration of the compact prior to the effective date of the compact or the commission
706	706	678coming into existence shall be considered to be actions of the commission unless specifically
707	707	679repudiated by the commission.
708	708	680 (4) Any state that joins the compact subsequent to the commission’s initial adoption of
709	709	681the rules and bylaws shall be subject to the commission’s rules and bylaws as they exist on the
710	710	682date on which the compact becomes law in that state. Any rule that has been previously adopted
711	711	683by the commission shall have the full force and effect of law on the day the compact becomes
712	712	684law in that state. 35 of 36
713	713	685 (b) Any participating state may withdraw from this compact by enacting a statute
714	714	686repealing that state’s enactment of the compact.
715	715	687 (1) A participating state’s withdrawal shall not take effect until 180 days after enactment
716	716	688of the repealing statute.
717	717	689 (2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s
718	718	690licensing authority or authorities to comply with the investigative and adverse action reporting
719	719	691requirements of this compact prior to the effective date of withdrawal.
720	720	692 (3) Upon the enactment of a statute withdrawing from this compact, the state shall
721	721	693immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding
722	722	694any subsequent statutory enactment to the contrary, such withdrawing state shall continue to
723	723	695recognize all compact privileges to practice within that state granted pursuant to this compact for
724	724	696a minimum of 180 days after the date of such notice of withdrawal.
725	725	697 (c) Nothing contained in this compact shall be construed to invalidate or prevent any
726	726	698licensure agreement or other cooperative arrangement between a participating state and a non-
727	727	699participating state that does not conflict with the provisions of this compact.
728	728	700 (d) This compact may be amended by the participating states. No amendment to this
729	729	701compact shall become effective and binding upon any participating state until it is enacted into
730	730	702the laws of all participating states.
731	731	703 Section 12. (a) This compact and the commission’s rulemaking authority shall be
732	732	704liberally construed so as to effectuate the purposes, and the implementation and administration of
733	733	705the compact. Provisions of the compact expressly authorizing or requiring the promulgation of 36 of 36
734	734	706rules shall not be construed to limit the commission’s rulemaking authority solely for those
735	735	707purposes.
736	736	708 (b) The provisions of this compact shall be severable and if any phrase, clause, sentence
737	737	709or provision of this compact is held by a court of competent jurisdiction to be contrary to the
738	738	710constitution of any participating state, a state seeking participation in the compact, or of the
739	739	711United States, or the applicability thereof to any government, agency, person or circumstance is
740	740	712held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of
741	741	713this compact and the applicability thereof to any other government, agency, person or
742	742	714circumstance shall not be affected thereby.
743	743	715 (c) Notwithstanding subsection (b), the commission may deny a state’s participation in
744	744	716the compact or, in accordance with the requirements of subsection (b) of section 10, terminate a
745	745	717participating state’s participation in the compact, if it determines that a constitutional
746	746	718requirement of a participating state is a material departure from the compact. Otherwise, if this
747	747	719compact shall be held to be contrary to the constitution of any participating state, the compact
748	748	720shall remain in full force and effect as to the remaining participating states and in full force and
749	749	721effect as to the participating state affected as to all severable matters.
750	750	722 Section 13. (a) Nothing herein shall prevent or inhibit the enforcement of any other law
751	751	723of a participating state that is not inconsistent with the compact.
752	752	724 (b) Any laws, statutes, regulations, or other legal requirements in a participating state in
753	753	725conflict with the compact are superseded to the extent of the conflict.
754	754	726 (c) All permissible agreements between the commission and the participating states are
755	755	727binding in accordance with their terms.