Maryland 2025 Regular Session

Maryland House Bill HB959 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0959
6	6
7	7	HOUSE BILL 959
8	8	F5 5lr2715
9	9
10	10	By: Delegate Mireku–North
11	11	Introduced and read first time: January 31, 2025
12	12	Assigned to: Ways and Means
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	School Psychologist Interstate Licensure Compact 2
19	19
20	20	FOR the purpose of entering into the School Psychologist Interstate Licensure Compact for 3
21	21	the purpose of authorizing licensed school psychologists who hold multistate licenses 4
22	22	to provide school psychological services in member states; establishing requirements 5
23	23	for multistate licensure; establishing the School Psychologist Interstate Licensure 6
24	24	Compact Commission; providing for the withdrawal from the Compact; and generally 7
25	25	relating to the School Psychologist Interstate Licensure Compact. 8
26	26
27	27	BY adding to 9
28	28	Article – Education 10
29	29	Section 25–401 and 25–402 to be under the new subtitle “Subtitle 4. School 11
30	30	Psychologist Interstate Licensure Compact” 12
31	31	Annotated Code of Maryland 13
32	32	(2022 Replacement Volume and 2024 Supplement) 14
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
35	35	That the Laws of Maryland read as follows: 16
36	36
37	37	Article – Education 17
38	38
39	39	SUBTITLE 4. SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT. 18
40	40
41	41	25–401. 19
42	42
43	43	THE SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT IS HEREBY 20
44	44	ENACTED INTO LAW AND ENTERED INTO LAW BY THIS STATE WITH ALL STATES 21
45	45	LEGALLY JOINING IT , IN THE FORM SUBSTANT IALLY AS IT APPEARS IN § 25–402 OF 22
46	46	THIS SUBTITLE. 23
47	47	2 HOUSE BILL 959
48	48
49	49
50	50	25–402. 1
51	51
52	52	SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT. 2
53	53
54	54	SECTION 1. PURPOSE. 3
55	55
56	56	THE PURPOSE OF THIS COMPACT IS TO FACILIT ATE THE INTERSTATE 4
57	57	PRACTICE OF SCHOOL PSYCHOLOGY IN EDUCATI ONAL OR SCHOOL SETTI NGS, AND 5
58	58	IN SO DOING TO IMPRO VE THE AVAILABILITY OF SCHOOL PSYCHOLOGICAL 6
59	59	SERVICES TO THE PUBLI C. THIS COMPACT IS INTENDED T O ESTABLISH A PATHWAY 7
60	60	TO ALLOW SCHOOL PSYCHOLOGISTS TO OBTA IN EQUIVALENT LICENS ES TO 8
61	61	PROVIDE SCHOOL PSYCHOLOGICAL SERVICES IN ANY MEMBER STATE. IN THIS 9
62	62	WAY, THIS COMPACT SHALL ENABLE THE MEMBER STATES TO ENSURE THAT SAFE 10
63	63	AND EFFECTIVE SCHOOL PSYCHOLOGICAL SERVICES ARE AVAILABLE AND 11
64	64	DELIVERED BY APPROPR IATELY QUALIFIED PRO FESSIONALS IN THEIR 12
65	65	EDUCATIONAL SETTINGS . 13
66	66
67	67	TO FACILITATE THE OBJ ECTIVES DESCRIBED AB OVE, THIS COMPACT: 14
68	68
69	69	A. ENABLES SCHOOL PSYCHOLOGISTS WHO QUA LIFY FOR RECEIPT OF AN 15
70	70	EQUIVALENT LICENSE TO PRACTICE IN OTHER MEMBER STATES WITHOUT FIRST 16
71	71	SATISFYING BURDENSOM E AND DUPLICATIVE RE QUIREMENTS ; 17
72	72
73	73	B. PROMOTES THE MOBILITY OF SCHOOL PSYCHOLOGISTS BETWEEN AND 18
74	74	AMONG THE MEMBER STATES IN ORDER TO AD DRESS WORKFORCE SHOR TAGES AND 19
75	75	TO ENSURE THAT SAFE AND RELIABLE SCHOOL PSYCHOLOGICAL SERVICES ARE 20
76	76	AVAILABLE IN EACH MEMBER STATE; 21
77	77
78	78	C. ENHANCES THE PUBLIC A CCESSIBILITY OF SCHOOL PSYCHOLOGICAL 22
79	79	SERVICES BY INCREASIN G THE AVAILABILITY O F QUALIFIED, LICENSED SCHOOL 23
80	80	PSYCHOLOGISTS THROUGH THE ESTABLISHMENT OF AN EFFICIENT AND 24
81	81	STREAMLINED PATHWAY FOR LICENSEES TO PRACTICE IN OTHER MEMBER STATES; 25
82	82
83	83	D. PRESERVES AND RESPECT S THE AUTHORITY OF E ACH MEMBER STATE 26
84	84	TO PROTECT THE HEALT H AND SAFETY OF ITS RESIDENTS BY ENSURIN G THAT ONLY 27
85	85	QUALIFIED, LICENSED PROFESSIONA LS ARE AUTHORIZED TO PROVIDE SCHOOL 28
86	86	PSYCHOLOGICAL SERVICES WITHIN THAT STATE; 29
87	87
88	88	E. REQUIRES SCHOOL PSYCHOLOGISTS PRACTIC ING WITHIN A MEMBER 30
89	89	STATE TO COMPLY WITH THE SCOPE OF PRACTICE LAWS PRESENT IN THE STATE 31
90	90	WHERE THE SCHOOL PSYCHOLOGICAL SERVICES ARE BEING PR OVIDED; 32
91	91	HOUSE BILL 959 3
92	92
93	93
94	94	F. PROMOTES COOPERATION B ETWEEN THE MEMBER STATES IN 1
95	95	REGULATING THE PRACT ICE OF SCHOOL PSYCHOLOGY WITHIN THO SE STATES; AND 2
96	96
97	97	G. FACILITATES THE RELOC ATION OF MILITARY ME MBERS AND THEIR 3
98	98	SPOUSES WHO ARE LICE NSED TO PROVIDE SCHOOL PSYCHOLOGICAL SERVICES. 4
99	99
100	100	SECTION 2. DEFINITIONS. 5
101	101
102	102	A. “ACTIVE MILITARY MEMBER” MEANS ANY PERSON WIT H FULL–TIME 6
103	103	DUTY STATUS IN THE A RMED FORCES OF THE UNITED STATES, INCLUDING 7
104	104	MEMBERS OF THE NATIONAL GUARD AND RESERVE. 8
105	105
106	106	B. “ADVERSE ACTION” MEANS DISCIPLINARY A CTION OR ENCUMBRANCE 9
107	107	IMPOSED ON A LICENSE BY A STATE LICENSING AUTHORITY. 10
108	108
109	109	C. “ALTERNATIVE PROGRAM” MEANS A NON –DISCIPLINARY, 11
110	110	PROSECUTORIAL DIVERS ION, MONITORING , OR PRACTICE REMEDIAT ION PROCESS 12
111	111	ENTERED INTO IN LIEU OF AN ADVERSE ACTION WHICH IS APPLI CABLE TO A 13
112	112	SCHOOL PSYCHOLOGIST A ND APPROVED BY THE STATE LICENSING AUTHORITY OF 14
113	113	A MEMBER STATE IN WHICH THE PA RTICIPATING SCHOOL PSYCHOLOGIST IS 15
114	114	LICENSED. THIS INCLUDES , BUT IS NOT LIMITED T O, PROGRAMS TO WHICH 16
115	115	LICENSEES WITH SUBSTA NCE ABUSE OR ADDICTI ON ISSUES MAY BE REF ERRED IN 17
116	116	LIEU OF AN ADVERSE ACTION. 18
117	117
118	118	D. “COMMISSIONER ” MEANS THE INDIVIDUAL APPOINTED BY A MEMBER 19
119	119	STATE TO SERVE AS THE REPRESENTATIVE TO THE COMMISSION FOR THAT 20
120	120	MEMBER STATE. 21
121	121
122	122	E. “COMPACT” MEANS THIS SCHOOL PSYCHOLOGIST INTERSTATE 22
123	123	LICENSURE COMPACT. 23
124	124
125	125	F. “CONTINUING PROFESSIONAL EDUCATION” MEANS A REQUIREMENT , 24
126	126	IMPOSED BY A MEMBER STATE AS A CONDITION OF LICENSE RENEWAL TO PR OVIDE 25
127	127	EVIDENCE OF SUCCESSF UL PARTICIPATION IN PROFESSIONAL EDUCATI ONAL 26
128	128	ACTIVITIES RELEVANT TO THE PROVISION OF SCHOOL PSYCHOLOGICAL SERVICES. 27
129	129
130	130	G. “CRIMINAL BACKGROUND CHECK” MEANS THE SUBMISSION OF 28
131	131	FINGERPRINTS OR OTHE R BIOMETRIC INFORMAT ION FOR A LICENSE APPLICANT 29
132	132	FOR THE PURPOSE OF O BTAINING THAT APPLIC ANT’S CRIMINAL HISTORY R ECORD 30
133	133	INFORMATION , AS DEFINED IN 28 C.F.R. § 20.3(D), AND THE STATE’S CRIMINAL 31
134	134	HISTORY RECORD REPOS ITORY AS DEFINED IN 28 C.F.R. § 20.3(F). 32
135	135	4 HOUSE BILL 959
136	136
137	137
138	138	H. “DOCTORAL LEVEL DEGREE” MEANS A GRADUATE DEG REE PROGRAM 1
139	139	THAT CONSISTS OF AT LEAST 90 GRADUATE SEMESTER HO URS IN THE FIELD OF 2
140	140	SCHOOL PSYCHOLOGY INCLUDING A SUPERVISED INTERNS HIP. 3
141	141
142	142	I. “ENCUMBERED LICENSE” MEANS A LICENSE THAT A STATE LICENSING 4
143	143	AUTHORITY HAS LIMITED IN ANY WAY OTHER THA N THROUGH AN ALTERNATIVE 5
144	144	PROGRAM, INCLUDING TEMPORARY OR PROVISIONAL LICEN SES. 6
145	145
146	146	J. “EXECUTIVE COMMITTEE” MEANS THE COMMISSION’S CHAIR, VICE 7
147	147	CHAIR, SECRETARY AND TREASURER AND ANY OTH ER COMMISSIONERS AS MAY BE 8
148	148	DETERMINED BY COMMISSION RULE OR BYLAW . 9
149	149
150	150	K. “EQUIVALENT LICENSE” MEANS A LICENSE TO P RACTICE SCHOOL 10
151	151	PSYCHOLOGY WHICH A MEMBER STATE HAS IDENTIFIED AS A LICENSE WHICH M AY 11
152	152	BE PROVIDED TO SCHOOL PSYCHOLOGISTS FROM OTHER MEMBER STATES 12
153	153	PURSUANT TO THIS COMPACT. 13
154	154
155	155	L. “HOME STATE” MEANS THE MEMBER STATE THAT ISSUED THE HOME 14
156	156	STATE LICENSE TO THE LICENSEE AND IS THE LICENSEE’S PRIMARY STATE OF 15
157	157	PRACTICE. 16
158	158
159	159	M. “HOME STATE LICENSE” MEANS THE LICENSE THAT IS NOT AN 17
160	160	ENCUMBERED LICENSE ISSUED BY THE HOME STATE TO PROVIDE SCHOOL 18
161	161	PSYCHOLOGICAL SERVICES. 19
162	162
163	163	N. “LICENSE” MEANS A CURRENT LICE NSE, CERTIFICATION , OR OTHER 20
164	164	AUTHORIZATION GRANTE D BY A MEMBER STATE’S LICENSING AUTHORITY THAT 21
165	165	PERMITS AN INDIVIDUA L TO PROVIDE SCHOOL PSYCHOLOGICAL SERVICES. 22
166	166
167	167	O. “LICENSEE” MEANS AN INDIVIDUAL WHO HOLDS A LICENSE FROM A 23
168	168	MEMBER STATE TO PROVIDE SCHOOL PSYCHOLOGICAL SERVICES. 24
169	169
170	170	P. “MEMBER STATE” MEANS A STATE THAT HAS ENACTE D THE COMPACT 25
171	171	AND BEEN ADMITTED TO THE COMMISSION IN ACCORDA NCE WITH THE PROVISIO NS 26
172	172	HEREIN AND COMMISSION RULES. 27
173	173
174	174	Q. “MODEL COMPACT” MEANS THE MODEL LANG UAGE FOR THE SCHOOL 28
175	175	PSYCHOLOGIST INTERSTATE LICENSURE COMPACT ON FILE WITH THE COUNCIL OF 29
176	176	STATE GOVERNMENTS OR OTHER ENTITY AS DESIGNATED BY THE COMMISSION. 30
177	177
178	178	R. “PRACTICE OF SCHOOL PSYCHOLOGY” MEANS THE DELIVERY SCHOOL 31
179	179	PSYCHOLOGICAL SERVICES. 32
180	180	HOUSE BILL 959 5
181	181
182	182
183	183	S. “QUALIFYING NATIONAL EXAM” MEANS A NATIONAL LIC ENSING 1
184	184	EXAMINATION ENDORSED BY THE NATIONAL ASSOCIATION OF SCHOOL 2
185	185	PSYCHOLOGISTS AND ANY OTHER EXAM AS APPROV ED BY THE RULES OF THE 3
186	186	COMMISSION. 4
187	187
188	188	T. “QUALIFYING SCHOOL PSYCHOLOGIST EDUCATION PROGRAM” MEANS 5
189	189	AN EDUCATION PROGRAM WHICH AWARDS A SPECIALIST–LEVEL OR 6
190	190	DOCTORAL–LEVEL DEGREE OR EQUIV ALENT UPON COMPLETIO N AND IS APPROVED 7
191	191	BY THE RULES OF THE COMMISSION AS MEETING THE NECESSARY MINIMUM 8
192	192	EDUCATIONAL STANDARD S TO ENSURE THAT ITS GRADUATES ARE READY , 9
193	193	QUALIFIED, AND ABLE TO ENGAGE I N THE PRACTICE OF SCHOOL PSYCHOLOGY. 10
194	194
195	195	U. “REMOTE STATE” MEANS A MEMBER STATE OTHER THAN THE HOME 11
196	196	STATE WHERE A LICENSEE HOLDS A LICENSE THROUGH THE COMPACT. 12
197	197
198	198	V. “RULE” MEANS A REGULATION P ROMULGATED BY AN ENT ITY, 13
199	199	INCLUDING BUT NOT LI MITED TO THE COMMISSION AND THE STATE LICENSING 14
200	200	AUTHORITY OF EACH MEMBER STATE, THAT HAS THE FORCE O F LAW. 15
201	201
202	202	W. “SCHOOL PSYCHOLOGICAL SERVICES” MEANS ACADEMIC , MENTAL AND 16
203	203	BEHAVIORAL HEALTH SE RVICES INCLUDING ASS ESSMENT, PREVENTION , 17
204	204	CONSULTATION AND COL LABORATION , INTERVENTION , AND EVALUATION 18
205	205	PROVIDED BY A SCHOOL PSYCHOLOGIST IN A SCH OOL, AS OUTLINED IN APPLI CABLE 19
206	206	PROFESSIONAL STANDAR DS AS DETERMINED BY COMMISSION RULE. 20
207	207
208	208	X. “SCHOOL PSYCHOLOGIST ” MEANS AN INDIVIDUAL WHO HAS MET THE 21
209	209	REQUIREMENTS TO OBTA IN A HOME STATE LICENSE THAT LEGALLY CONVEYS THE 22
210	210	PROFESSIONAL TITLE O F SCHOOL PSYCHOLOGIST , OR ITS EQUIVALENT AS 23
211	211	DETERMINED BY THE RULES OF THE COMMISSION. 24
212	212
213	213	Y. “SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT 25
214	214	COMMISSION” OR “COMMISSION” MEANS THE JOINT GOVE RNMENT AGENCY 26
215	215	ESTABLISHED BY THIS COMPACT WHOSE MEMBERS HIP CONSISTS OF 27
216	216	REPRESENTATIVES FROM EACH MEMBER STATE THAT HAS ENACTE D THE 28
217	217	COMPACT, AND AS FURTHER DESCR IBED IN SECTION 7. 29
218	218
219	219	Z. “SCOPE OF PRACTICE” MEANS THE PROCEDURES , ACTIONS, AND 30
220	220	PROCESSES A SCHOOL PSYCHOLOGIST LICENSED IN A STATE IS PERMITTED TO 31
221	221	UNDERTAKE IN THAT STATE AND THE CIRCUMS TANCES UNDER WHICH T HAT 32
222	222	LICENSEE IS PERMITTED TO UNDERTAKE THOSE P ROCEDURES , ACTIONS, AND 33
223	223	PROCESSES. SUCH PROCEDURES , ACTIONS, AND PROCESSES , AND THE 34
224	224	CIRCUMSTANCES UNDER WHICH THEY MAY BE UN DERTAKEN, MAY BE ESTABLISHED 35
225	225	THROUGH MEANS INCLUD ING, BUT NOT LIMITED TO , STATUTE, REGULATIONS , CASE 36 6 HOUSE BILL 959
226	226
227	227
228	228	LAW, AND OTHER PROCESSES AVAILABLE TO THE STATE LICENSING AUTHORITY OR 1
229	229	OTHER GOVERNMENT AGE NCY. 2
230	230
231	231	AA. “SPECIALIST–LEVEL DEGREE” MEANS A DEGREE PROGR AM THAT 3
232	232	REQUIRES AT LEAST 60 GRADUATE SEMESTER HO URS OR EQUIVALENT IN THE FIELD 4
233	233	OF SCHOOL PSYCHOLOGY INCLUDING A SUPERVISED INTERNS HIP. 5
234	234
235	235	BB. “STATE” MEANS ANY STATE , COMMONWEALTH , DISTRICT, OR 6
236	236	TERRITORY OF THE UNITED STATES OF AMERICA. 7
237	237
238	238	CC. “STATE LICENSING AUTHORITY” MEANS A MEMBER STATE’S 8
239	239	REGULATORY BODY RESP ONSIBLE FOR ISSUING LICENSES OR OTHERWISE 9
240	240	OVERSEEING THE PRACTICE OF SCHOOL PSYCHOLOGY. 10
241	241
242	242	DD. “STATE SPECIFIC REQUIREMENT ” MEANS A REQUIREMENT FOR 11
243	243	LICENSURE COVERED IN COURSEWORK OR EXAMIN ATION THAT INCLUDES CONTENT 12
244	244	OF UNIQUE INTEREST T O THE STATE. 13
245	245
246	246	EE. “UNENCUMBERED LICENSE” MEANS A LICENSE THAT AUTHORIZ ES A 14
247	247	LICENSEE TO ENGAGE IN THE FULL AN D UNRESTRICTED PRACTICE OF SCHOOL 15
248	248	PSYCHOLOGY . 16
249	249
250	250	SECTION 3. STATE PARTICIPATION IN THE COMPACT. 17
251	251
252	252	A. TO BE ELIGIBLE TO JOI N THIS COMPACT, AND TO MAINTAIN 18
253	253	ELIGIBILITY AS A MEMBER STATE, A STATE MUST: 19
254	254
255	255	1. ENACT A COMPACT STATU TE THAT IS NOT MATER IALLY 20
256	256	DIFFERENT FROM THE MODEL COMPACT AS DEFINED IN THE COMMISSION’S 21
257	257	RULES; 22
258	258
259	259	2. PARTICIPATE IN THE SH ARING OF INFORMATION WITH OTHER 23
260	260	MEMBER STATES AS REASONABLY NECESSARY TO ACCOMPL ISH THE OBJECTIVES 24
261	261	OF THIS COMPACT, AND AS FURTHER DEFIN ED IN SECTION 8; 25
262	262
263	263	3. IDENTIFY AND MAINTAIN WITH THE COMMISSION A LIST OF 26
264	264	EQUIVALENT LICENSES AVAILABLE TO LICENSEES WHO HOLD A HOME STATE 27
265	265	LICENSE UNDER THIS COMPACT; 28
266	266
267	267	4. HAVE A MECHANISM IN P LACE FOR RECEIVING A ND 29
268	268	INVESTIGATING COMPLAINTS ABOUT LICENSEES; 30
269	269	HOUSE BILL 959 7
270	270
271	271
272	272	5. NOTIFY THE COMMISSION, IN COMPLIANCE WITH T HE TERMS OF 1
273	273	THE COMPACT AND THE COMMISSION’S RULES, OF ANY ADVERSE ACTION TAKEN 2
274	274	AGAINST A LICENSEE, OR OF THE AVAILABILI TY OF INVESTIGATIVE INFORMATION 3
275	275	WHICH RELATES TO A LICENSEE OR APPLICANT FOR LICENSURE ; 4
276	276
277	277	6. REQUIRE THAT APPLICAN TS FOR A HOME STATE LICENSE HAVE: 5
278	278
279	279	A. TAKEN AND PASSED A QUALIFYING NATIONAL EXAM AS 6
280	280	DEFINED BY THE RULES OF THE COMMISSION; 7
281	281
282	282	B. COMPLETED A MINIMUM O F 1200 HOURS OF SUPERVISED 8
283	283	INTERNSHIP, OF WHICH AT LEAST 600 MUST HAVE BEEN COMPLETED IN A SCHOOL, 9
284	284	PRIOR TO BEING APPRO VED FOR LICENSURE ; AND 10
285	285
286	286	C. GRADUATED FROM A QUALIFYING SCHOOL PSYCHOLOGIST 11
287	287	EDUCATION PROGRAM; AND 12
288	288
289	289	7. COMPLY WITH THE TERMS OF THIS COMPACT AND THE RULES OF 13
290	290	THE COMMISSION. 14
291	291
292	292	B. EACH MEMBER STATE SHALL GRANT AN EQUIVALENT LICENSE TO 15
293	293	PRACTICE SCHOOL PSYCHOLOGY IN THAT ST ATE UPON APPLICATION BY A 16
294	294	LICENSEE WHO SATISFIE S THE CRITERIA OF SECTION 4.A. EACH MEMBER STATE 17
295	295	SHALL GRANT RENEWAL OF THE EQUIVALENT LICENSE TO A LICENSEE WHO 18
296	296	SATISFIES THE CRITER IA OF SECTION 4.B. 19
297	297
298	298	C. MEMBER STATES MAY SET AND CO LLECT A FEE FOR GRAN TING AN 20
299	299	EQUIVALENT LICENSE. 21
300	300
301	301	SECTION 4. SCHOOL PSYCHOLOGIST PARTICIPATION IN THE COMPACT. 22
302	302
303	303	1. TO OBTAIN AND MAINTAI N AN EQUIVALENT LICENSE FROM A REMOTE 23
304	304	STATE UNDER THIS COMPACT, A LICENSEE MUST: 24
305	305
306	306	A. HOLD AND MAINTAIN AN ACTIVE HOME STATE LICENSE; 25
307	307
308	308	B. SATISFY ANY APPLICABL E STATE SPECIFIC REQUIREMENTS 26
309	309	ESTABLISHED BY THE MEMBER STATE AFTER AN EQUIVALENT LICENSE IS 27
310	310	GRANTED; 28
311	311
312	312	C. COMPLETE ANY ADMINIST RATIVE OR APPLICATIO N 29
313	313	REQUIREMENTS WHICH T HE COMMISSION MAY ESTABL ISH BY RULE, AND PAY ANY 30
314	314	ASSOCIATED FEES ; AND 31 8 HOUSE BILL 959
315	315
316	316
317	317
318	318	D. COMPLETE ANY REQUIREM ENTS FOR RENEWAL IN THE HOME 1
319	319	STATE, INCLUDING APPLICABLE CONTINUING PROFESSIONAL EDUCATION 2
320	320	REQUIREMENTS . 3
321	321
322	322	2. UPON THEIR APPLICATIO N TO RECEIVE A LICEN SE UNDER THIS 4
323	323	COMPACT, UNDERGO A CRIMINAL B ACKGROUND CHECK IN T HE MEMBER STATE IN 5
324	324	WHICH THE EQUIVALENT LICENSE IS SOUGHT IN ACCORDANCE WITH THE LAWS AND 6
325	325	REGULATIONS OF SUCH MEMBER STATE. 7
326	326
327	327	3. TO RENEW AN EQUIVALENT LICENSE IN A MEMBER STATE OTHER THAN 8
328	328	THE HOME STATE, A LICENSEE MUST ONLY AP PLY FOR RENEWAL , COMPLETE A 9
329	329	BACKGROUND CHECK , AND PAY RENEWAL FEES AS DETERMINED BY THE LICENSING 10
330	330	AUTHORITY. 11
331	331
332	332	SECTION 5. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES. 12
333	333
334	334	A LICENSEE WH O IS AN ACTIVE MILITARY MEMBER OR IS THE SPOU SE OF AN 13
335	335	ACTIVE MILITARY MEMBER SHALL BE DEEME D TO HOLD A HOME STATE LICENSE 14
336	336	IN ANY OF THE FOLLOW ING LOCATIONS: 15
337	337
338	338	A. THE LICENSEE’S PERMANENT RESIDENC E; 16
339	339
340	340	B. A MEMBER STATE THAT IS THE LICENSEE’S PRIMARY STATE OF 17
341	341	PRACTICE; AND 18
342	342
343	343	C. A MEMBER STATE WHERE THE LICENSEE HAS RELOCATE D PURSUANT 19
344	344	TO A PERMANENT CHANGE OF STATION (PCS). 20
345	345
346	346	SECTION 6. DISCIPLINE/ADVERSE ACTIONS. 21
347	347
348	348	A. NOTHING IN THIS COMPACT SHALL BE DEEM ED OR CONSTRUED TO 22
349	349	LIMIT THE AUTHORITY OF A MEMBER STATE TO INVESTIGATE OR IMPOSE 23
350	350	DISCIPLINARY MEASURE S ON LICENSEES ACCORDING T O THE STATE PRACTICE 24
351	351	LAWS THEREOF . 25
352	352
353	353	B. MEMBER STATES SHALL BE AUTHO RIZED TO RECEIVE , AND SHALL 26
354	354	PROVIDE, FILES AND INFORMATIO N REGARDING THE INVE STIGATION AND 27
355	355	DISCIPLINE, IF ANY, OF LICENSEES IN OTHER MEMBER STATES UPON REQUEST . 28
356	356	ANY MEMBER STATE RECEIVING SUCH INFORMATION OR FILES SHALL PROTECT 29
357	357	AND MAINTAIN THE SEC URITY AND CONFIDENTI ALITY THEREOF , IN AT LEAST THE 30
358	358	SAME MANNER THAT IT MAINTAINS ITS OWN IN VESTIGATORY OR DISCI PLINARY 31
359	359	FILES AND INFORMATIO N. PRIOR TO DISCLOSING A NY DISCIPLINARY OR 32 HOUSE BILL 959 9
360	360
361	361
362	362	INVESTIGATORY INFORM ATION RECEIVED FROM ANOTHER MEMBER STATE, THE 1
363	363	DISCLOSING STATE SHA LL COMMUNICATE ITS I NTENTION AND PURPOSE FOR SUCH 2
364	364	DISCLOSURE TO THE MEMBER STATE WHICH ORIGINALL Y PROVIDED THAT 3
365	365	INFORMATION . 4
366	366
367	367	SECTION 7. ESTABLISHMENT OF THE SCHOOL PSYCHOLOGIST INTERSTATE 5
368	368	LICENSURE COMPACT COMMISSION. 6
369	369
370	370	A. THE MEMBER STATES HEREBY CREATE AND ESTABLISH A JOIN T 7
371	371	GOVERNMENT AGENCY WH OSE MEMBERSHIP CONSI STS OF ALL MEMBER STATES 8
372	372	THAT HAVE ENACTED TH E COMPACT, AND THIS AGENCY SHAL L BE KNOWN AS THE 9
373	373	SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT COMMISSION. THE 10
374	374	COMMISSION IS AN INSTRU MENTALITY OF THE MEMBER STATES ACTING JOINTLY 11
375	375	AND NOT AN INSTRUMEN TALITY OF ANY ONE ST ATE. THE COMMISSION SHALL COME 12
376	376	INTO EXISTENCE ON OR AFTER THE EFFECTIVE DATE OF THE COMPACT AS SET 13
377	377	FORTH IN SECTION 11. 14
378	378
379	379	B. MEMBERSHIP, VOTING, AND MEETINGS. 15
380	380
381	381	1. EACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE (1) 16
382	382	COMMISSIONER SELECTED BY THAT MEMBER STATE’S STATE LICENSING 17
383	383	AUTHORITY. 18
384	384
385	385	2. THE COMMISSIONER SHALL BE THE PRIMARY ADMINISTRATIVE 19
386	386	OFFICER OF THE MEMBER STATE LICENSING AUTHORITY OR T HEIR DESIGNEE WHO 20
387	387	IS AN EMPLOYEE OF TH E MEMBER STATE LICENSING AUTHORITY. 21
388	388
389	389	3. THE COMMISSION SHALL BY RULE OR BYLAW ESTABLI SH A TERM 22
390	390	OF OFFICE FOR COMMISSIONERS AND MAY BY RULE OR BYLAW ESTABLI SH TERM 23
391	391	LIMITS. 24
392	392
393	393	4. THE COMMISSION MAY RECOMM END REMOVAL OR SUSPENSION 25
394	394	OF ANY COMMISSIONER FROM OFFICE. 26
395	395
396	396	5. A MEMBER STATE’S LICENSING AUTHORITY SHALL FILL ANY 27
397	397	VACANCY OF ITS COMMISSIONER OCCURRING ON THE COMMISSION WITHIN 60 DAYS 28
398	398	OF THE VACANCY . 29
399	399
400	400	6. EACH COMMISSIONER SHALL BE ENTITLED TO ONE VOTE ON ALL 30
401	401	MATTERS BEFORE THE COMMISSION REQUIRING A VOTE BY COMMISSION 31
402	402	COMMISSIONERS . 32
403	403	10 HOUSE BILL 959
404	404
405	405
406	406	7. A COMMISSIONER SHALL VOTE IN PERSON OR BY SUCH OTHER 1
407	407	MEANS AS PROVIDED IN THE BYLAWS . THE BYLAWS MAY PROVID E FOR 2
408	408	COMMISSIONERS TO MEET BY TELECOMMU NICATION, VIDEO CONFERENCE , OR 3
409	409	OTHER MEANS OF COMMU NICATION. 4
410	410
411	411	8. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH 5
412	412	CALENDAR YEAR . ADDITIONAL MEETINGS M AY BE HELD AS SET FO RTH IN THE 6
413	413	BYLAWS. THE COMMISSION MAY MEET B Y TELECOMMUNICATION , VIDEO 7
414	414	CONFERENCE OR OTHER SIMILAR ELECTRON IC MEANS. 8
415	415
416	416	C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS : 9
417	417
418	418	1. ESTABLISH THE FISCAL YEAR OF THE COMMISSION; 10
419	419
420	420	2. ESTABLISH CODE OF CON DUCT AND CONFLICT OF INTEREST 11
421	421	POLICIES; 12
422	422
423	423	3. ESTABLISH AND AMEND RULES AND BYLAWS ; 13
424	424
425	425	4. ESTABLISH THE PROCEDU RE THROUGH WHICH A LICENSEE MAY 14
426	426	CHANGE THEIR HOME STATE; 15
427	427
428	428	5. MAINTAIN ITS FINANCIA L RECORDS IN ACCORDA NCE WITH THE 16
429	429	BYLAWS; 17
430	430
431	431	6. MEET AND TAKE SUCH AC TIONS AS ARE CONSIST ENT WITH THE 18
432	432	PROVISIONS OF THIS COMPACT, THE COMMISSION’S RULES, AND THE BYLAWS ; 19
433	433
434	434	7. INITIATE AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS IN 20
435	435	THE NAME OF THE COMMISSION, PROVIDED THAT THE ST ANDING OF ANY MEMBER 21
436	436	STATE LICENSING AUTHORITY TO SUE OR B E SUED UNDER APPLICA BLE LAW SHALL 22
437	437	NOT BE AFFECTED ; 23
438	438
439	439	8. MAINTAIN AND CERTIFY RECORDS AN D INFORMATION PROVID ED 24
440	440	TO A MEMBER STATE AS THE AUTHENTI CATED BUSINESS RECOR DS OF THE 25
441	441	COMMISSION, AND DESIGNATE AN AGE NT TO DO SO ON THE COMMISSION’S BEHALF; 26
442	442
443	443	9. PURCHASE AND MAINTAIN INSURANCE AND BONDS ; 27
444	444
445	445	10. BORROW, ACCEPT, OR CONTRACT FOR SERV ICES OF PERSONNEL , 28
446	446	INCLUDING, BUT NOT LIMITED TO , EMPLOYEES OF A MEMBER STATE; 29
447	447
448	448	11. CONDUCT AN ANNUAL FIN ANCIAL REVIEW ; 30 HOUSE BILL 959 11
449	449
450	450
451	451
452	452	HIRE EMPLOYEES , ELECT OR APPOINT OFF ICERS, FIX 1
453	453	COMPENSATION , DEFINE DUTIES , GRANT SUCH INDIV IDUALS APPROPRIATE 2
454	454	AUTHORITY TO CARRY O UT THE PURPOSES OF T HE COMPACT, AND ESTABLISH THE 3
455	455	COMMISSION’S PERSONNEL POLICIES AND PROGRAMS RELATIN G TO CONFLICTS OF 4
456	456	INTEREST, QUALIFICATIONS OF PE RSONNEL, AND OTHER RELATED PE RSONNEL 5
457	457	MATTERS; 6
458	458
459	459	12. ASSESS AND CO LLECT FEES; 7
460	460
461	461	13. ACCEPT ANY AND ALL AP PROPRIATE GIFTS , DONATIONS, GRANTS 8
462	462	OF MONEY, OTHER SOURCES OF REV ENUE, EQUIPMENT, SUPPLIES, MATERIALS, AND 9
463	463	SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE S AME; PROVIDED THAT AT 10
464	464	ALL TIMES THE COMMISSION SHALL AVOI D ANY APPEARANCE OF IMPROPRIETY 11
465	465	AND/OR CONFLICT OF INTER EST; 12
466	466
467	467	14. LEASE, PURCHASE, RETAIN, OWN, HOLD, IMPROVE, OR USE ANY 13
468	468	PROPERTY, REAL, PERSONAL, OR MIXED, OR ANY UNDIVIDED INT EREST THEREIN ; 14
469	469
470	470	15. SELL, CONVEY, MORTGAGE , PLEDGE, LEASE, EXCHANGE, 15
471	471	ABANDON, OR OTHERWISE DISPOSE OF ANY PROPE RTY REAL, PERSONAL, OR MIXED; 16
472	472
473	473	16. ESTABLISH A BUDGET AN D MAKE EXPENDITURES ; 17
474	474
475	475	17. BORROW MONEY ; 18
476	476
477	477	18. APPOINT COMMITTEES , INCLUDING STANDING C OMMITTEES, 19
478	478	COMPOSED OF MEMBERS , STATE REGULATORS , STATE LEGISLATORS OR THEIR 20
479	479	REPRESENT ATIVES, AND CONSUMER REPRESE NTATIVES, AND SUCH OTHER 21
480	480	INTERESTED PERSONS A S MAY BE DESIGNATED IN THIS COMPACT AND THE BYLAW S; 22
481	481
482	482	19. PROVIDE AND RECEIVE I NFORMATION FROM , AND COOPERATE 23
483	483	WITH, LAW ENFORCEMENT AGEN CIES; 24
484	484
485	485	20. ESTABLISH AND ELECT A N EXECUTIVE COMMITTEE, INCLUDING 25
486	486	A CHAIR AND A VICE C HAIR; 26
487	487
488	488	21. DETERMINE WHETHER A STATE’S ADOPTED LANGUAGE I S 27
489	489	MATERIALLY DIFFERENT FROM THE MODEL COMPA CT LANGUAGE SUCH THA T THE 28
490	490	STATE WOULD NOT QUALI FY FOR PARTICIPATION IN THE COMPACT; AND 29
491	491
492	492	22. PERFORM SUCH O THER FUNCTIONS AS MA Y BE NECESSARY OR 30
493	493	APPROPRIATE TO ACHIE VE THE PURPOSES OF T HIS COMPACT. 31 12 HOUSE BILL 959
494	494
495	495
496	496
497	497	D. THE EXECUTIVE COMMITTEE. 1
498	498
499	499	1. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON 2
500	500	BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THIS COMPACT. THE 3
501	501	POWERS, DUTIES, AND RESPONSIBILITIES OF THE EXECUTIVE COMMITTEE SHALL 4
502	502	INCLUDE: 5
503	503
504	504	A. OVERSEE THE DAY –TO–DAY ACTIVITIES OF TH E 6
505	505	ADMINISTRATION OF TH E COMPACT INCLUDING ENFORCEMENT AND COMP LIANCE 7
506	506	WITH THE PROVISIONS OF THE COMPACT , ITS RULES AND BYLAWS , AND OTHER 8
507	507	SUCH DUTIES AS DEEME D NECESSARY; 9
508	508
509	509	B. RECOMMEND TO THE COMMISSION CHANGES TO THE 10
510	510	RULES OR BYLAWS , CHANGES TO THIS COMPACT LEGISLATION , FEES CHARGED TO 11
511	511	MEMBER STATES, FEES CHARGED TO LICENSEES, AND OTHER FEES ; 12
512	512
513	513	C. ENSURE COMPACT ADMINISTRATIO N SERVICES ARE 13
514	514	APPROPRIATELY PROVID ED, INCLUDING BY CONTRACT ; 14
515	515
516	516	D. PREPARE AND RECOMMEND THE BUDGET; 15
517	517
518	518	E. MAINTAIN FINANCIAL RE CORDS ON BEHALF OF T HE 16
519	519	COMMISSION; 17
520	520
521	521	F. MONITOR COMPACT COMPLIANCE OF MEMBER STATES 18
522	522	AND PROVIDE COMPLIAN CE REPORTS TO THE COMMISSION; 19
523	523
524	524	G. ESTABLISH ADDITIONAL COMMITTEES AS NECESSARY ; 20
525	525
526	526	H. EXERCISE THE POWERS A ND DUTIES OF THE COMMISSION 21
527	527	DURING THE INTERIM B ETWEEN COMMISSION MEETINGS , EXCEPT FOR ADOPTING 22
528	528	OR AMENDING RULES, ADOPTING OR AMENDING BYLAWS, AND EXERCISING ANY 23
529	529	OTHER POWERS AND DUT IES EXPRESSLY RESERV ED TO THE COMMISSION BY RULE 24
530	530	OR BYLAW; AND 25
531	531
532	532	I. OTHER DUTIES AS PROVI DED IN THE RULES OR BYLAWS OF 26
533	533	THE COMMISSION. 27
534	534
535	535	2. THE EXECUTIVE COMMITTEE SHALL BE CO MPOSED OF UP TO 7 28
536	536	MEMBERS: 29
537	537	HOUSE BILL 959 13
538	538
539	539
540	540	A. THE CHAIR AND VICE CH AIR OF THE COMMISSION SHALL BE 1
541	541	VOTING MEMBERS OF TH E EXECUTIVE COMMITTEE; AND 2
542	542
543	543	B. THE COMMISSION SHALL ELEC T 5 VOTING MEMBERS FROM 3
544	544	THE CURRENT MEMBERSH IP OF THE COMMISSION. 4
545	545
546	546	3. THE COMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE 5
547	547	COMMITTEE AS PROVIDED IN THE COMMISSION’S BYLAWS. 6
548	548
549	549	4. THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ANNUALLY . 7
550	550
551	551	A. EXECUTIVE COMMITTEE MEETINGS SH ALL BE OPEN TO THE 8
552	552	PUBLIC, EXCEPT THAT THE EXECUTIVE COMMITTEE MAY MEET IN A CLOSED, 9
553	553	NON–PUBLIC MEETIN G AS PROVIDED IN SUB SECTION F.2 BELOW. 10
554	554
555	555	B. THE EXECUTIVE COMMITTEE SHALL GIVE 30 DAYS’ NOTICE 11
556	556	OF ITS MEETINGS , POSTED ON ITS WEBSIT E AND AS DETERMINED TO PROVIDE 12
557	557	NOTICE TO PERSONS WI TH AN INTEREST IN TH E BUSINESS OF THE COMMISSION. 13
558	558
559	559	C. THE EXECUTIVE COMMITTEE MAY HOLD A SPECIAL 14
560	560	MEETING IN ACCORDANC E WITH SUBSECTION F.1.B. BELOW. 15
561	561
562	562	E. THE COMMISSION SHALL ADOP T AND PROVIDE TO THE MEMBER 16
563	563	STATES AN ANNUAL REPO RT. 17
564	564
565	565	F. MEETINGS OF THE COMMISSION. 18
566	566
567	567	1. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC, EXCEPT THAT 19
568	568	THE COMMISSION MAY MEET I N A CLOSED, NON–PUBLIC MEETING AS PR OVIDED IN 20
569	569	SUBSECTION F.2 BELOW. 21
570	570
571	571	A. PUBLIC NOTICE FOR ALL MEETINGS OF THE FULL 22
572	572	COMMISSION SHALL BE GIVEN IN THE SAME MA NNER AS REQUIRED UND ER THE 23
573	573	RULEMAKING PROVISIONS IN SECTION 9, EXCEPT THAT THE COMMISSION MAY 24
574	574	HOLD A SPECIAL MEETI NG AS PROVIDED IN SU BSECTION F.1.B BELOW. 25
575	575
576	576	B. THE COMMISSION MAY HOLD A SPECIAL MEETING WHEN IT 26
577	577	MUST MEET TO CONDUCT EMERGENCY BUSINESS B Y GIVING 48 HOURS’ NOTICE TO 27
578	578	ALL COMMISSIONERS , ON THE COMMISSION’S WEBSITE, AND OTHER MEANS AS 28
579	579	PROVIDED IN THE COMMISSION’S RULES. THE COMMISSION’S LEGAL COUNSEL 29
580	580	SHALL CERTIFY THAT T HE COMMISSION’S NEED TO MEET QUALI FIES AS AN 30
581	581	EMERGENCY . 31
582	582	14 HOUSE BILL 959
583	583
584	584
585	585	2. THE COMMISSION OR THE EXECUTIVE COMMITTEE OR OTHER 1
586	586	COMMITTEES O F THE COMMISSION MAY CONVEN E IN A CLOSED , NON–PUBLIC 2
587	587	MEETING FOR THE COMMISSION OR EXECUTIVE COMMITTEE OR OTHER 3
588	588	COMMITTEES OF THE COMMISSION TO RECEIVE LEGAL ADVICE OR TO D ISCUSS: 4
589	589
590	590	A. NON–COMPLIANCE OF A MEMBER STATE WITH ITS 5
591	591	OBLIGATIONS UNDER TH E COMPACT; 6
592	592
593	593	B. THE EMPLOYMENT , COMPENSATION , DISCIPLINE OR OTHER 7
594	594	MATTERS, PRACTICES OR PROCEDU RES RELATED TO SPECI FIC EMPLOYEES ; 8
595	595
596	596	C. CURRENT OR THREATENED DISCIPLINE OF A LICENSEE BY 9
597	597	THE COMMISSION OR BY A MEMBER STATE’S LICENSING AUTHORITY; 10
598	598
599	599	D. CURRENT, THREATENED , OR REASONABLY ANTICI PATED 11
600	600	LITIGATION; 12
601	601
602	602	E. NEGOTIATION OF CONTRA CTS FOR THE PURCHASE , LEASE, 13
603	603	OR SALE OF GOODS , SERVICES, OR REAL ESTATE ; 14
604	604
605	605	F. ACCUSING ANY PERSON O F A CRIME OR FORMALL Y 15
606	606	CENSURING ANY PERSON ; 16
607	607
608	608	G. TRADE SECRETS OR COMM ERCIAL OR FINANCIAL 17
609	609	INFORMATION THAT IS PRIVILEGED OR CONFID ENTIAL; 18
610	610
611	611	H. INFORMATION OF A PERS ONAL NATURE WHERE 19
612	612	DISCLOSURE WOULD CON STITUTE A CLEARLY UN WARRANTED INVASION O F 20
613	613	PERSONAL PRIVACY ; 21
614	614
615	615	I. INVESTIGATIVE RECORDS COMPILED F OR LAW 22
616	616	ENFORCEMENT PURPOSES ; 23
617	617
618	618	J. INFORMATION RELATED T O ANY INVESTIGATIVE REPORTS 24
619	619	PREPARED BY OR ON BE HALF OF OR FOR USE O F THE COMMISSION OR OTHER 25
620	620	COMMITTEE CHARGED WI TH RESPONSIBILITY OF INVESTIGATION OR 26
621	621	DETERMINATION OF COM PLIANCE ISSUES PURSU ANT TO THE COMPACT; 27
622	622
623	623	K. MATTERS SPECIFICALLY EXEMPTED FROM DISCLO SURE BY 28
624	624	FEDERAL OR MEMBER STATE LAW; OR 29
625	625
626	626	L. OTHER MATTERS AS PROM ULGATED BY THE COMMISSION 30
627	627	BY RULE. 31 HOUSE BILL 959 15
628	628
629	629
630	630
631	631	3. IF A MEETING , OR PORTION OF A MEET ING, IS CLOSED, THE 1
632	632	PRESIDING OFFICER SH ALL STATE THAT THE MEETING W ILL BE CLOSED AND 2
633	633	REFERENCE EACH RELEV ANT EXEMPTING PROVIS ION, AND SUCH REFERENCE 3
634	634	SHALL BE RECORDED IN THE MINUTES. 4
635	635
636	636	4. THE COMMISSION SHALL KEEP MINUTES THAT FULLY A ND 5
637	637	CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A 6
638	638	FULL AND ACCURATE SU MMARY OF ACTIONS TAK EN, AND THE REASONS THER EFOR, 7
639	639	INCLUDING A DESCRIPT ION OF THE VIEWS EXP RESSED. ALL DOCUMENTS 8
640	640	CONSIDERED IN CONNEC TION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH 9
641	641	MINUTES. ALL MINUTES AND DOCUM ENTS OF A CLOSED M EETING SHALL REMAIN 10
642	642	UNDER SEAL , SUBJECT TO RELEASE O NLY BY A MAJORITY VO TE OF THE 11
643	643	COMMISSION OR ORDER O F A COURT OF COMPETE NT JURISDICTION . 12
644	644
645	645	G. FINANCING OF THE COMMISSION. 13
646	646
647	647	1. THE COMMISSION SHALL PAY , OR PROVIDE FOR THE P AYMENT 14
648	648	OF, THE REASONABLE EXPEN SES OF ITS ESTABLISH MENT, ORGANIZATION , AND 15
649	649	ONGOING ACTIVITIES . 16
650	650
651	651	2. THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRI ATE 17
652	652	REVENUE SOURCES AS P ROVIDED IN C(12). 18
653	653
654	654	3. THE COMMISSION MAY LEVY ON AND CO LLECT AN ANNUAL 19
655	655	ASSESSMENT FROM EACH MEMBER STATE AND IMPOSE FEES ON LICENSEES 20
656	656	PRACTICING IN THE MEMBER STATES UNDER AN EQUIVALENT LICENSE TO COVER 21
657	657	THE COST OF THE OPER ATIONS AND ACTIVITIE S OF THE COMMISSION AND ITS 22
658	658	STAFF, WHICH MUST BE IN A TOTAL AMOUNT SU FFICIENT TO COVER IT S ANNUAL 23
659	659	BUDGET AS APPROVED E ACH YEAR FOR WHICH R EVENUE IS NOT PROVID ED BY 24
660	660	OTHER SOURCES . THE AGGREGATE ANNUAL ASSESSMENT AMOUNT FO R MEMBER 25
661	661	STATES SHALL BE ALLOC ATED BASED UPON A FO RMULA THAT THE COMMISSION 26
662	662	SHALL PROMULGATE BY RULE. 27
663	663
664	664	4. THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND 28
665	665	PRIOR TO SECURING TH E FUNDS ADEQUATE TO MEET THE SAME ; NOR SHALL THE 29
666	666	COMMISSION PLEDGE THE CREDIT OF ANY OF THE MEMBER STATES, EXCEPT BY 30
667	667	AND WITH THE AUTHORI TY OF THE MEMBER STATE. 31
668	668
669	669	5. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL 32
670	670	RECEIPTS AND DISBURS EMENTS. THE RECEIPTS AND DISB URSEMENTS OF THE 33
671	671	COMMISSION SHALL BE S UBJECT TO THE FINANC IAL REVIEW AND ACCOU NTING 34
672	672	PROCEDURES ESTABLISH ED UNDER ITS BYLAWS . HOWEVER, ALL RECEIPTS AND 35 16 HOUSE BILL 959
673	673
674	674
675	675	DISBURSEMENTS OF FUNDS HA NDLED BY THE COMMISSION SHALL BE S UBJECT TO 1
676	676	AN ANNUAL FINANCIAL REVIEW BY A CERTIFIE D OR LICENSED PUBLIC 2
677	677	ACCOUNTANT , AND THE REPORT OF TH E FINANCIAL REVIEW S HALL BE INCLUDED IN 3
678	678	AND BECOME PART OF T HE ANNUAL REPORT OF THE COMMISSION. 4
679	679
680	680	H. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION . 5
681	681
682	682	1. THE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR , EMPLOYEES 6
683	683	AND REPRESENTATIVES OF THE COMMISSION SHALL BE I MMUNE FROM SUIT AND 7
684	684	LIABILITY, BOTH PERSONALLY AND IN THEIR OFFICIAL CA PACITY, FOR ANY CLAIM 8
685	685	FOR DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR OTHER CIVI L 9
686	686	LIABILITY CAUSED BY OR ARISING OUT OF AN Y ACTUAL OR ALLEGED ACT, ERROR, 10
687	687	OR OMISSION THAT OCC URRED, OR THAT THE PERSON A GAINST WHOM THE CLAI M 11
688	688	IS MADE HAD A REASON ABLE BASIS FOR BELIE VING OCCUR RED WITHIN THE SCOPE 12
689	689	OF COMMISSION EMPLOYMENT , DUTIES OR RESPONSIBI LITIES; PROVIDED THAT 13
690	690	NOTHING IN THIS PARA GRAPH SHALL BE CONST RUED TO PROTECT ANY SUCH 14
691	691	PERSON FROM SUIT OR LIABILITY FOR ANY DA MAGE, LOSS, INJURY, OR LIABILITY 15
692	692	CAUSED BY THE INTENT IONAL OR WILLFUL OR WANTON MI SCONDUCT OF THAT 16
693	693	PERSON. THE PROCUREMENT OF IN SURANCE OF ANY TYPE BY THE COMMISSION 17
694	694	SHALL NOT IN ANY WAY COMPROMISE OR LIMIT THE IMMUNITY GRANTED 18
695	695	HEREUNDER . 19
696	696
697	697	2. THE COMMISSION SHALL DEFE ND ANY MEMBER , OFFICER, 20
698	698	EXECUTIVE DIRECTOR , EMPLOYEE, AND REPRESENTATIVE O F THE COMMISSION IN 21
699	699	ANY CIVIL ACTION SEE KING TO IMPOSE LIABI LITY ARISING OUT OF ANY ACTUAL OR 22
700	700	ALLEGED ACT , ERROR, OR OMISSION THAT OCC URRED WITHIN THE SCO PE OF 23
701	701	COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , OR AS DETERMINED BY 24
702	702	THE COMMISSION THAT THE PERSON AGAINST W HOM THE CLAIM IS MAD E HAD A 25
703	703	REASONABLE BASIS FOR BELIEVING OCCURRED W ITHIN THE SCOPE OF 26
704	704	COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES ; PROVIDED THAT 27
705	705	NOTHING HEREIN SHALL BE CONSTRUED TO PROH IBIT THAT PERSON F ROM 28
706	706	RETAINING THEIR OWN COUNSEL AT THEIR OWN EXPENSE; AND PROVIDED 29
707	707	FURTHER, THAT THE ACTUAL OR A LLEGED ACT, ERROR, OR OMISSION DID NOT 30
708	708	RESULT FROM THAT PER SON’S INTENTIONAL OR WIL LFUL OR WANTON 31
709	709	MISCONDUCT . 32
710	710
711	711	3. THE COMMISSION SHALL INDE MNIFY AND HOLD HAR MLESS ANY 33
712	712	MEMBER, OFFICER, EXECUTIVE DIRECTOR , EMPLOYEE, AND REPRESENTATIVE O F 34
713	713	THE COMMISSION FOR THE AM OUNT OF ANY SETTLEME NT OR JUDGMENT OBTAI NED 35
714	714	AGAINST THAT PERSON ARISING OUT OF ANY A CTUAL OR ALLEGED ACT , ERROR, OR 36
715	715	OMISSION THAT OCCURR ED WITHIN THE SC OPE OF COMMISSION EMPLOYMENT , 37
716	716	DUTIES, OR RESPONSIBILITIES , OR THAT SUCH PERSON HAD A REASONABLE BAS IS 38
717	717	FOR BELIEVING OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 39 HOUSE BILL 959 17
718	718
719	719
720	720	DUTIES, OR RESPONSIBILITIES , PROVIDED THAT THE AC TUAL OR ALLEGED ACT , 1
721	721	ERROR, OR OMISSION DID NOT RESULT FROM THE INTENTIONAL OR W ILLFUL OR 2
722	722	WANTON MISCONDUCT OF THAT PERSON . 3
723	723
724	724	4. NOTHING HEREIN SHALL BE CONSTRUED AS A LI MITATION ON 4
725	725	THE LIABILITY OF ANY LICENSEE FOR PROFESS IONAL MALPRACTICE OR 5
726	726	MISCONDUCT , WHICH SHALL BE GOVER NED SOLELY BY ANY OT HER APPLICABLE 6
727	727	STATE LAWS. 7
728	728
729	729	5. NOTHING IN THIS COMPACT SHALL BE INTE RPRETED TO WAIVE 8
730	730	OR OTHERWISE ABROGATE A MEMBER STATE’S STATE ACTION IMMUN ITY OR STATE 9
731	731	ACTION AFFIRMATIVE D EFENSE WITH RESPECT TO ANTITRUST CLAIMS UNDER THE 10
732	732	SHERMAN ACT, CLAYTON ACT, OR ANY OTHER STATE O R FEDERAL ANTITRUST OR 11
733	733	ANTICOMPETITIVE LAW OR REGULATION . 12
734	734
735	735	6. NOTHING IN THIS COMPACT SHALL BE CONS TRUED TO BE A 13
736	736	WAIVER OF SOVEREIGN IMMUNITY BY THE MEMBER STATES OR BY THE 14
737	737	COMMISSION. 15
738	738
739	739	SECTION 8. FACILITATING INFORMATION EXCHANGE. 16
740	740
741	741	A. THE COMMISSION SHALL PROV IDE FOR FACILITATING THE EXCHANGE 17
742	742	OF INFORMATION TO AD MINISTER AND IMPLEMENT THE PROVISIONS OF THIS 18
743	743	COMPACT IN ACCORDANC E WITH THE RULES OF THE COMMISSION, CONSISTENT 19
744	744	WITH GENERALLY ACCEP TED DATA PROTECTION PRINCIPLES. 20
745	745
746	746	B. NOTWITHSTANDING ANY O THER PROVISION OF STATE LAW TO THE 21
747	747	CONTRARY, A MEMBER STATE SHALL AGREE TO PROVIDE FOR THE F ACILITATION 22
748	748	OF THE FOLLOWING LICENSEE INFORMATION AS REQUIRED BY THE RULES OF THE 23
749	749	COMMISSION, INCLUDING: 24
750	750
751	751	1. IDENTIFYING INFORMATI ON; 25
752	752
753	753	2. LICENSURE DATA ; 26
754	754
755	755	3. ADVERSE ACTIONS AGAINST A LICENSE AND INFORMATI ON 27
756	756	RELATED THERETO ; 28
757	757
758	758	4. NON–CONFIDENTIAL INFORMA TION RELATED TO ALTERNATIVE 29
759	759	PROGRAM PARTICIPATION , THE BEGINNING AND EN DING DATES OF SUCH 30
760	760	PARTICIPATION , AND OTHER INFORMATIO N RELATED TO SUCH PA RTICIPATION NOT 31
761	761	MADE CONFIDENTIAL UN DER MEMBER STATE LAW; 32
762	762	18 HOUSE BILL 959
763	763
764	764
765	765	5. ANY DENIAL OF AP PLICATION FOR LICENS URE, AND THE 1
766	766	REASON(S) FOR SUCH DENIAL ; 2
767	767
768	768	6. THE PRESENCE OF INVES TIGATIVE INFORMATION ; AND 3
769	769
770	770	7. OTHER INFORMATION THA T MAY FACILITATE THE 4
771	771	ADMINISTRATION OF TH IS COMPACT OR THE PROTEC TION OF THE PUBLIC , AS 5
772	772	DETERMINED BY THE RULES OF THE COMMISSION. 6
773	773
774	774	C. NOTHING IN THIS COMPA CT SHALL BE DEEMED O R CONSTRUED TO 7
775	775	ALTER, LIMIT, OR INHIBIT THE POWER OF A MEMBER STATE TO CONTROL AND 8
776	776	MAINTAIN OWNERSHIP O F ITS LICENSEE INFORMATION OR ALTER, LIMIT, OR 9
777	777	INHIBIT THE LAWS OR REGULATIONS GOVERNIN G LICENSEE INFORMATION IN THE 10
778	778	MEMBER STATE. 11
779	779
780	780	SECTION 9. RULEMAKING. 12
781	781
782	782	A. THE COMMISSION SHALL EXER CISE ITS RULEMAKING POWERS 13
783	783	PURSUANT TO THE CRIT ERIA SET FORTH IN TH IS INTERSTATE COMPAC T AND THE 14
784	784	RULES ADOPTED THEREUN DER. RULES AND AMENDMENTS SHALL BECOME 15
785	785	BINDING AS OF THE DATE SPECIFIED IN EACH RULE OR AMENDMENT . 16
786	786
787	787	B. THE COMMISSION SHALL PROM ULGATE REASONABLE RULES TO 17
788	788	ACHIEVE THE INTENT A ND PURPOSE OF THIS I NTERSTATE COMPACT . IN THE EVENT 18
789	789	THE COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A MANNER THAT I S 19
790	790	BEYOND PURPOSE AND I NTENT OF THIS INTERS TATE COMPACT , OR THE POWERS 20
791	791	GRANTED HEREUNDER , THEN SUCH AN ACTION BY THE COMMISSION SHALL BE 21
792	792	INVALID AND HAVE NO FORCE AND EFFECT OF LAW IN THE MEMBER STATES. 22
793	793
794	794	C. IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES 23
795	795	REJECTS A RULE, BY ENACTMENT OF A ST ATUTE OR RESOLUTION IN THE SAME 24
796	796	MANNER USED TO ADOPT THE COMPACT WITHIN F OUR (4) YEARS OF THE DATE OF 25
797	797	ADOPTION OF THE RULE, THEN SUCH RULE SHALL HAVE NO FU RTHER FORCE AND 26
798	798	EFFECT IN ANY MEMBER STATE. 27
799	799
800	800	D. RULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTE D OR 28
801	801	RATIFIED AT A REGULA R OR SPECIAL MEETING OF THE COMMISSION IN 29
802	802	ACCORDANCE WITH COMMISSION RULES AND BYLAWS. 30
803	803
804	804	E. PRIOR TO PROMULGATION AND ADOPTION OF A FI NAL RULE OR RULES 31
805	805	BY THE COMMISSION, AND AT LEAST THIRTY (30) DAYS IN ADVANCE OF T HE 32
806	806	MEETING AT WHICH THE RULE WILL BE CONSIDER ED AND VOTED UPON , THE 33
807	807	COMMISSION SHALL FILE A NOTICE OF PROPOSED RULEMAKING : 34 HOUSE BILL 959 19
808	808
809	809
810	810
811	811	1. ON THE WEBSITE OF THE COMMISSION OR OTHER P UBLICLY 1
812	812	ACCESSIBLE PLATFORM ; AND 2
813	813
814	814	2. ON THE WEBSITE OF EACH MEMBER STATE LICENSING 3
815	815	AUTHORITY OR OTHER PU BLICLY ACCESSIBLE PL ATFORM OR THE PUBLIC ATION IN 4
816	816	WHICH EACH STATE WOULD OTHERWISE PUBLISH PROPOSED RULES. 5
817	817
818	818	F. UPON DETERMINATION TH AT AN EMERGENCY EXIS TS, THE 6
819	819	COMMISSION MAY CONSID ER AND ADOPT AN EMER GENCY RULE WITH 48 HOURS’ 7
820	820	NOTICE, WITH OPPORTUNITY TO COMMENT, PROVIDED THAT THE US UAL 8
821	821	RULEMAKING PROCEDURES SHALL BE RETROACTIVE LY APPLIED TO THE RULE AS 9
822	822	SOON AS REA SONABLY POSSIBLE , IN NO EVENT LATER TH AN NINETY (90) DAYS 10
823	823	AFTER THE EFFECTIVE DATE OF THE RULE. FOR THE PURPOSES OF T HIS 11
824	824	PROVISION, AN EMERGENCY RULE IS ONE THAT MUST BE ADOPTED IMMEDIATE LY 12
825	825	IN ORDER TO: 13
826	826
827	827	A. MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, OR 14
828	828	WELFARE. 15
829	829
830	830	1. PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS; 16
831	831
832	832	2. MEET A DEADLINE FOR T HE PROMULGATION OF A N 17
833	833	ADMINISTRATIVE RULE THAT IS ESTABLIS HED BY FEDERAL LAW O R RULE; OR 18
834	834
835	835	3. PROTECT PUBLIC HEALTH AND SAFETY. 19
836	836
837	837	SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT . 20
838	838
839	839	A. OVERSIGHT. 21
840	840
841	841	1. THE EXECUTIVE AND JUD ICIAL BRANCHES OF TH E STATE 22
842	842	GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE T HIS COMPACT AND TAKE 23
843	843	ALL ACTIONS NECESSAR Y AND APPROPRIATE TO IMPLEMENT THE COMPACT. 24
844	844
845	845	2. VENUE IS PROPER AND JUDICI AL PROCEEDINGS BY OR AGAINST 25
846	846	THE COMMISSION SHALL BE B ROUGHT SOLELY AND EX CLUSIVELY IN A COURT OF 26
847	847	COMPETENT JURISDICTI ON WHERE THE PRINCIP AL OFFICE OF THE COMMISSION IS 27
848	848	LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTI ONAL DEFENSES 28
849	849	TO THE EXTENT IT ADO PTS OR CONSENTS TO P ARTICIPATE IN ALTERN ATIVE 29
850	850	DISPUTE RESOLUTION P ROCEEDINGS . NOTHING HEREIN SHALL AFFECT OR LIMIT 30
851	851	THE SELECTION OR PRO PRIETY OF VENUE IN A NY ACTION AGAINST A LICENSEE FOR 31
852	852	PROFESSIONAL MALPRAC TICE, MISCONDUCT OR ANY SU CH SIMILAR MATTER . 32 20 HOUSE BILL 959
853	853
854	854
855	855
856	856	3. THE COMMISSION SHALL BE E NTITLED TO RECEIVE S ERVICE OF 1
857	857	PROCESS IN ANY PROCE EDING REGARDING THE ENFORCEMENT OR 2
858	858	INTERPRETATION OF TH E COMPACT AND SHALL HAV E STANDING TO INTERV ENE IN 3
859	859	SUCH A PROCEEDING FO R ALL PURPOSES . FAILURE TO PROV IDE THE COMMISSION 4
860	860	SERVICE OF PROCESS S HALL RENDER A JUDGME NT OR ORDER VOID AS TO THE 5
861	861	COMMISSION, THIS COMPACT, OR PROMULGATED RULES. 6
862	862
863	863	B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. 7
864	864
865	865	1. IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS 8
866	866	DEFAULTE D IN THE PERFORMANCE OF ITS OBLIGATIONS O R RESPONSIBILITIES 9
867	867	UNDER THIS COMPACT OR THE PROMUL GATED RULES, THE COMMISSION SHALL 10
868	868	PROVIDE WRITTEN NOTI CE TO THE DEFAULTING STATE. THE NOTICE OF DEFAULT 11
869	869	SHALL DESCRIBE THE D EFAULT, THE PROPOSED MEANS O F CURING THE DEFAULT, 12
870	870	AND ANY OTHER ACTION THAT THE COMMISSION MAY TAKE , AND SHALL OFFER 13
871	871	TRAINING AND SPECIFI C TECHNICAL ASSISTAN CE REGARDING THE DEF AULT. 14
872	872
873	873	2. THE COMMISSION SHALL PROV IDE A COPY OF THE NO TICE OF 15
874	874	DEFAULT TO THE OTHER MEMBER STATES. 16
875	875
876	876	C. IF A STATE IN DEFAULT FAIL S TO CURE THE DEFAUL T, THE DEFAULTING 17
877	877	STATE MAY BE TERMINAT ED FROM THE COMPACT UPON AN AFFIR MATIVE VOTE OF 18
878	878	A SUPERMAJORITY OF T HE DELEGATES OF THE MEMBER STATES, AND ALL RIGHTS , 19
879	879	PRIVILEGES AND BENEF ITS CONFERRED ON THA T STATE BY THIS COMPACT MAY BE 20
880	880	TERMINATED ON THE EF FECTIVE DATE OF TERM INATION. A CURE OF THE DEFAULT 21
881	881	DOES NOT RELIEVE THE OFFENDING STATE OF OBLIGATIONS OR LIABILITIES 22
882	882	INCURRED DURING THE PERIOD OF DEFAULT . 23
883	883
884	884	D. TERMINATION OF MEMBER SHIP IN THE COMPACT SHALL BE IMPO SED 24
885	885	ONLY AFTER ALL OTHER MEANS OF SECURING CO MPLIANCE HAVE BEEN 25
886	886	EXHAUSTED. NOTICE OF INTENT TO S USPEND OR TERMINATE SHALL BE GIVEN BY 26
887	887	THE COMMISSION TO THE GOV ERNOR, THE MAJORITY AND MIN ORITY LEADERS OF 27
888	888	THE DEFAULTING STATE’S LEGISLATURE , THE DEFAULTING STATE’S LICENSING 28
889	889	AUTHORITY AND EACH OF THE MEMBER STATES’ LICENSING AUTHORITIES. 29
890	890
891	891	E. A STATE THAT HAS BEEN T ERMINATED IS RESPONS IBLE FOR ALL 30
892	892	ASSESSMENTS , OBLIGATIONS, AND LIABILITIES INCU RRED THROUGH THE 31
893	893	EFFECTIVE DATE OF TE RMINATION, INCLUDING OBLIGATION S THAT EXTEND 32
894	894	BEYOND THE EFFECTIVE DATE OF TERMINATION . 33
895	895
896	896	F. UPON THE TERMINATION OF A STATE’S MEMBERSHIP FROM TH IS 34
897	897	COMPACT, THAT STATE SHALL IMMEDIATE LY PROVIDE NOTICE TO ALL LICENSEES 35 HOUSE BILL 959 21
898	898
899	899
900	900	WITHIN THAT STATE OF SUCH TERMINA TION. THE TERMINATED STATE SHALL 1
901	901	CONTINUE TO RECOGNIZE A LL LICENSES GRANTED PURS UANT TO THIS COMPACT 2
902	902	FOR A MINIMUM OF SIX (6) MONTHS AFTER THE DAT E OF SAID NOTICE OF 3
903	903	TERMINATION . 4
904	904
905	905	G. THE COMMISSION SHALL NOT BEAR ANY COSTS RELAT ED TO A STATE 5
906	906	THAT IS FOUND TO BE IN DEFAULT OR THAT H AS BEEN TERMINATED FROM THE 6
907	907	COMPACT, UNLESS AGREED UPON I N WRITING BETWEEN TH E COMMISSION AND THE 7
908	908	DEFAULTING STATE. 8
909	909
910	910	H. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE 9
911	911	COMMISSION BY PETITIO NING THE U.S. DISTRICT COURT FOR THE DISTRICT OF 10
912	912	COLUMBIA OR THE FEDER AL DISTRICT WHERE THE COMMISSION HAS ITS 11
913	913	PRINCIPAL OFFICES . THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF 12
914	914	SUCH LITIGATION , INCLUDING REASONABLE ATTORNEY’S FEES. 13
915	915
916	916	I. DISPUTE RESOLUTION. 14
917	917
918	918	1. UPON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL 15
919	919	ATTEMPT TO RESOLVE DISPUT ES RELATED TO THE COMPACT THAT ARISE AM ONG 16
920	920	MEMBER STATES AND BETWEEN MEMBER AND NON –MEMBER STATES. 17
921	921
922	922	2. THE COMMISSION SHALL PROM ULGATE A RULE PROVIDING FOR 18
923	923	BOTH MEDIATION AND B INDING DISPUTE RESOL UTION FOR DISPUTES A S 19
924	924	APPROPRIATE . 20
925	925
926	926	J. ENFORCEMENT . 21
927	927
928	928	1. BY MAJORITY VOTE AS P ROVIDED BY RULE, THE COMMISSION 22
929	929	MAY INITIATE LEGAL A CTION AGAINST A MEMBER STATE IN DEFAULT IN T HE 23
930	930	UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE 24
931	931	FEDERAL DISTRICT WHE RE THE COMMISSION HAS ITS P RINCIPAL OFFICES TO 25
932	932	ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE COMPACT AND ITS 26
933	933	PROMULGATED RULES. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCT IVE 27
934	934	RELIEF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT IS NECES SARY, THE 28
935	935	PREVAILING PARTY SHA LL BE AWARDED ALL COSTS OF SUCH LITIGA TION, 29
936	936	INCLUDING REASONABLE ATTORNEY’S FEES. THE REMEDIES HEREIN S HALL NOT BE 30
937	937	THE EXCLUSIVE REMEDI ES OF THE COMMISSION. THE COMMISSION MAY PURSUE 31
938	938	ANY OTHER REMEDIES A VAILABLE UNDER FEDER AL OR THE DEFAULTING MEMBER 32
939	939	STATE’S LAW. 33
940	940
941	941	2. A MEMBER STATE MAY INITIATE LE GAL ACTION AGAINST T HE 34
942	942	COMMISSION IN THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR 35 22 HOUSE BILL 959
943	943
944	944
945	945	THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS PR INCIPAL OFFICES TO 1
946	946	ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE COMPACT AND ITS 2
947	947	PROMULGATED RULES. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCT IVE 3
948	948	RELIEF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT IS NECES SARY, THE 4
949	949	PREVAILING PARTY SHA LL BE AWARDED ALL CO STS OF SUCH LITIGATI ON, 5
950	950	INCLUDING REASONABLE ATTORNEY’S FEES. 6
951	951
952	952	3. NO PERSON OT HER THAN A MEMBER STATE SHALL ENFORCE 7
953	953	THIS COMPACT AGAINST THE COMMISSION. 8
954	954
955	955	SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT . 9
956	956
957	957	A. THE COMPACT SHALL COME IN TO EFFECT ON THE DAT E ON WHICH THE 10
958	958	COMPACT STATUTE IS EN ACTED INTO LAW IN TH E SEVENTH MEMBER STATE. 11
959	959
960	960	1. ON OR AFTER THE EFFEC TIVE DATE OF THE COMPACT INDICATED 12
961	961	ABOVE, THE COMMISSION SHALL CONV ENE AND REVIEW THE E NACTMENT OF EACH 13
962	962	OF THE CHARTER MEMBER STATES TO DETERMINE I F THE STATUTE ENACTE D BY 14
963	963	EACH SUCH CHARTER MEMBER STATE IS MATERIALLY D IFFERENT THAN THE 15
964	964	MODEL COMPACT STATUTE . 16
965	965
966	966	A. A CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND 17
967	967	TO BE MATERIALLY DIF FERENT FROM THE MODE L COMPACT STATUTE SHALL BE 18
968	968	ENTITLED TO THE DEFA ULT PROCESS SET FORT H IN SECTION 10. 19
969	969
970	970	B. IF ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT, 20
971	971	OR IS TERMINATED OR WITHDRAWS FROM THE COMPACT, THE COMMISSION SHALL 21
972	972	REMAIN IN EXISTENCE AND THE COMPACT SHALL REMA IN IN EFFECT EVEN IF THE 22
973	973	NUMBER OF MEMBER STATES SHOULD BE LESS THAN SEVEN. 23
974	974
975	975	2. MEMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE 24
976	976	CHARTER MEMBER STATES SHALL BE SUBJE CT TO THE PROCESS SE T FORTH IN 25
977	977	SECTION 7(C)(21) TO DETERMINE IF THEI R ENACTMENTS ARE MATERIALLY 26
978	978	DIFFERENT FROM THE M ODEL COMPACT STATUTE AND W HETHER THEY QUALIFY 27
979	979	FOR PARTICIPATION IN THE COMPACT. 28
980	980
981	981	3. ALL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION OR 29
982	982	IN FURTHERANCE OF TH E PURPOSES OF THE AD MINISTRATION OF THE COMPACT 30
983	983	PRIOR TO THE E FFECTIVE DATE OF THE COMPACT OR THE COMMISSION COMING 31
984	984	INTO EXISTENCE SHALL BE CONSIDERED TO BE ACTIONS OF THE COMMISSION 32
985	985	UNLESS SPECIFICALLY REPUDIATED BY THE COMMISSION. 33
986	986	HOUSE BILL 959 23
987	987
988	988
989	989	A. ANY STATE THAT JOINS THE COMPACT SUBSEQUENT TO 1
990	990	THE COMMISSION’S INITIAL ADOPT ION OF THE RULES AND BYLAWS SHAL L BE 2
991	991	SUBJECT TO THE RULES AND BYLAWS AS T HEY EXIST ON THE DAT E ON WHICH THE 3
992	992	COMPACT BECOMES LAW I N THAT STATE. ANY RULE THAT HAS BEEN PR EVIOUSLY 4
993	993	ADOPTED BY THE COMMISSION SHALL HAVE THE FULL FORCE AND E FFECT OF LAW 5
994	994	ON THE DAY THE COMPACT BECOMES LAW I N THAT STATE. 6
995	995
996	996	B. ANY MEMBER STATE MAY WITHDRAW FR OM THIS COMPACT 7
997	997	BY ENACTING A STATUT E REPEALING THE SAME . 8
998	998
999	999	B. A MEMBER STATE’S WITHDRAWAL SHALL N OT TAKE EFFECT UNTIL 180 9
1000	1000	DAYS AFTER ENACTMENT OF THE REPEALING STA TUTE. 10
1001	1001
1002	1002	C. WITHDRAWAL SHALL NOT AFFECT THE CONTINUIN G REQUIREMENT OF 11
1003	1003	THE WITHDRAWING STATE’S LICENSING AUTHORITY TO COMPLY W ITH THE 12
1004	1004	INVESTIGATIVE AND ADVERSE ACTION REPORTING REQU IREMENTS OF THIS 13
1005	1005	COMPACT PRIOR TO THE EFFECTIVE DATE OF WI THDRAWAL. 14
1006	1006
1007	1007	D. UPON THE ENA CTMENT OF A STATUTE WITHDRAWING FROM THI S 15
1008	1008	COMPACT, A STATE SHALL IMMEDIATE LY PROVIDE NOTICE OF SUCH WITHDRAWAL 16
1009	1009	TO ALL LICENSEES WITHIN THAT STATE. NOTWITHSTANDING ANY S UBSEQUENT 17
1010	1010	STATUTORY ENACTMENT TO THE CONTRARY , SUCH WITHDRAWING STATE SHALL 18
1011	1011	CONTINUE TO RECOGNIZE ALL LICENS ES GRANTED PURSUANT TO THIS COMPACT 19
1012	1012	FOR A MINIMUM OF SIX (6) MONTHS AFTER THE DAT E OF SUCH NOTICE OF 20
1013	1013	WITHDRAWAL . 21
1014	1014
1015	1015	1. NOTHING CONTAINED IN THIS COMPACT SHALL BE CONS TRUED 22
1016	1016	TO INVALIDATE OR PRE VENT ANY LICENSURE A GREEMENT OR OTHER CO OPERATIVE 23
1017	1017	ARRANGEMENT BETWEEN A MEMBER STATE AND A NON –MEMBER STATE THAT 24
1018	1018	DOES NOT CONFLICT WI TH THE PROVISIONS OF THIS COMPACT. 25
1019	1019
1020	1020	2. THIS COMPACT MAY BE AMENDE D BY THE MEMBER STATES. NO 26
1021	1021	AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDIN G UPON 27
1022	1022	ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS O F ALL MEMBER STATES. 28
1023	1023
1024	1024	SECTION 12. CONSTRUCTION AND SEVERABILITY. 29
1025	1025
1026	1026	A. THIS COMPACT AND THE COMMISSION’S RULEMAKING AUTHORI TY 30
1027	1027	SHALL BE LIBERALLY C ONSTRUED SO AS TO EF FECTUATE THE PURPOSE S, AND THE 31
1028	1028	IMPLEMENTATION AND A DMINISTRATION OF THE COMPACT. PROVISIONS OF THE 32
1029	1029	COMPACT EXPRESSLY AUT HORIZING OR REQUIRIN G THE PROMULGATION O F 33
1030	1030	RULES SHALL NOT BE CO NSTRUED TO LIMIT THE COMMISSION’S RULEMAKING 34
1031	1031	AUTHORITY SOLELY FOR THOSE PURPOSES . 35 24 HOUSE BILL 959
1032	1032
1033	1033
1034	1034
1035	1035	B. THE PROVISIONS OF THI S COMPACT SHALL BE SEVE RABLE AND IF ANY 1
1036	1036	PHRASE, CLAUSE, SENTENCE OR PROVISIO N OF THIS COMPACT IS HELD BY A COURT 2
1037	1037	OF COMPETENT JURISDICTION TO BE C ONTRARY TO THE CONST ITUTION OF ANY 3
1038	1038	MEMBER STATE, A STATE SEEKING PARTICI PATION IN THE COMPACT, OR OF THE 4
1039	1039	UNITED STATES, OR THE APPLICABILITY THEREOF TO ANY GOVER NMENT, AGENCY, 5
1040	1040	PERSON OR CIRCUMSTAN CE IS HELD TO BE UNC ONSTITUTIONAL BY A COURT OF 6
1041	1041	COMPETENT JURISDICTI ON, THE VALIDITY OF THE REMAINDER OF THIS COMPACT 7
1042	1042	AND THE APPLICABILIT Y THEREOF TO ANY OTH ER GOVERNMENT , AGENCY, PERSON 8
1043	1043	OR CIRCUMSTANCE SHAL L NOT BE AFFECTED TH EREBY. 9
1044	1044
1045	1045	C. NOTWITHSTANDING SUBSE CTION B OF THIS SECTION, THE 10
1046	1046	COMMISSION MAY DENY A STATE’S PARTICIPATION IN T HE COMPACT OR , IN 11
1047	1047	ACCORDANCE WITH THE REQUIREMENTS OF SECTION 10.C. AND D., TERMINATE A 12
1048	1048	MEMBER STATE’S PARTICIPATION IN T HE COMPACT, IF IT DETERMINES THA T A 13
1049	1049	CONSTITUTIONAL REQUI REMENT OF A MEMBER STATE IS A MATER IAL DEPARTURE 14
1050	1050	FROM THE COMPACT. OTHERWISE, IF THIS COMPACT SHALL BE HELD TO BE 15
1051	1051	CONTRARY TO THE CONS TITUTION OF ANY MEMBER STATE, THE COMPACT SHALL 16
1052	1052	REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING MEMBER STATES AND 17
1053	1053	IN FULL FORCE AND EF FECT AS TO THE MEMBER STATE AFFECTED AS TO ALL 18
1054	1054	SEVERABLE MATTERS . 19
1055	1055
1056	1056	SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. 20
1057	1057
1058	1058	A. NOTHING HEREIN SHALL PREVENT OR INHIBIT T HE ENFORCEMENT OF 21
1059	1059	ANY OTHER LAW OF A MEMBER STATE THAT IS NOT INC ONSISTENT WITH THE 22
1060	1060	COMPACT. 23
1061	1061
1062	1062	B. ANY LAWS , STATUTES, REGULATIONS , OR OTHER LEGAL 24
1063	1063	REQUIREMENTS IN A MEMBER STATE IN CONFLICT WIT H THE COMPACT ARE 25
1064	1064	SUPERSEDED TO THE EX TENT OF THE CONFLICT . 26
1065	1065
1066	1066	C. ALL PERMISSIBLE AGREE MENTS BETWEEN THE COMMISSION AND THE 27
1067	1067	MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEIR TER MS. 28
1068	1068
1069	1069	SECTION 2. AND BE IT FURTHER ENACTED, That this Act is contingent on the 29
1070	1070	enactment of substantially similar legislation in seven other states. The State Department 30
1071	1071	of Education shall notify the Department of Legislative Services within 10 days after seven 31
1072	1072	states have enacted legislation that is substantially similar to this Act. 32
1073	1073
1074	1074	SECTION 3. AND BE IT FURTHER ENACTED, That , subject to Section 2 of this 33
1075	1075	Act, this Act shall take effect October 1, 2025. 34