North Carolina 2025-2026 Regular Session

North Carolina House Bill H693 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 693
	3	+	H D
	4	+	HOUSE BILL DRH30305-NN-55
	5	+
5	6
6	7
7	8		Short Title: Interstate Massage Compact. (Public)
8		-	Sponsors: Representatives Warren and Riddell (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Health, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the
11		-	House
12		-	April 3, 2025
13		-	H693 -v-1
	9	+	Sponsors: Representative Warren.
	10	+	Referred to:
	11	+
	12	+	DRH30305 -NN-55
14	13		A BILL TO BE ENTITLED 1
15	14		AN ACT TO ESTABLISH AND ENTER INTO AN INTERSTATE COMPACT FOR THE 2
16	15		PRACTICE OF MASSAGE THERAPY. 3
17	16		The General Assembly of North Carolina enacts: 4
18	17		SECTION 1. Chapter 90 of the General Statutes is amended by adding a new Article 5
19	18		to read: 6
20	19		"Article 36A. 7
21	20		"Interstate Massage Compact. 8
22	21		"§ 90-637. Short title. 9
23	22		This Article shall be known and may be cited as the "Interstate Massage Compact." 10
24	23		"§ 90-637.1. Purpose. 11
25	24		The purpose of this Compact is to reduce the burdens on state governments and to facilitate 12
26	25		the interstate practice and regulation of massage therapy with the goal of improving public access 13
27	26		to, and the safety of, massage therapy services. Through this Compact, the member states seek 14
28	27		to establish a regulatory framework which provides for a new multistate licensing program. 15
29	28		Through this additional licensing pathway, the member states seek to provide increased value 16
30	29		and mobility to licensed massage therapists in the member states, while ensuring the provision 17
31	30		of safe, competent, and reliable services to the public. 18
32	31		This Compact is designed to achieve the following objectives, and the member states hereby 19
33	32		ratify the same intentions by subscribing hereto: 20
34	33		(1) Increase public access to massage therapy services by providing for a 21
35	34		multistate licensing pathway. 22
36	35		(2) Enhance the member states' ability to protect the public's health and safety. 23
37	36		(3) Enhance the member states' ability to prevent human trafficking and licensure 24
38	37		fraud. 25
39	38		(4) Encourage the cooperation of member states in regulating the multistate 26
40	39		practice of massage therapy. 27
41	40		(5) Support relocating military members and their spouses. 28
42	41		(6) Facilitate and enhance the exchange of licensure, investigative, and 29
43	42		disciplinary information between the member states. 30
44	43		(7) Create an Interstate Commission that will exist to implement and administer 31
45	44		the Compact. 32
46	45		(8) Allow a member state to hold a licensee accountable, even where that licensee 33
47		-	holds a multistate license. 34 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 693-First Edition
49		-	(9) Create a streamlined pathway for licensees to practice in member states, thus 1
50		-	increasing the mobility of duly licensed massage therapists. 2
51		-	(10) Serve the needs of licensed massage therapists and the public receiving their 3
52		-	services. 4
53		-	(11) Establish that nothing in this Compact is intended to prevent a state from 5
54		-	enforcing its own laws regarding the practice of massage therapy. 6
55		-	"§ 90-637.2. Definitions. 7
56		-	As used in this Compact, except as otherwise provided and subject to clarification by the 8
57		-	rules of the Commission, the following definitions apply: 9
58		-	(1) Active military member. – Any person with full-time duty status in the armed 10
59		-	forces of the United States, including members of the National Guard and 11
60		-	Reserve. 12
61		-	(2) Adverse action. – Any administrative, civil, equitable, or criminal action 13
62		-	permitted by a member state's laws which is imposed by a licensing authority 14
63		-	or other regulatory body against a licensee, including actions against an 15
64		-	individual's authorization to practice such as revocation, suspension, 16
65		-	probation, surrender in lieu of discipline, monitoring of the licensee, limitation 17
66		-	of the licensee's practice, or any other encumbrance on licensure affecting an 18
67		-	individual's ability to practice massage therapy, including the issuance of a 19
68		-	cease and desist order. 20
69		-	(3) Alternative program. – A nondisciplinary monitoring or prosecutorial 21
70		-	diversion program approved by a member state's licensing authority. 22
71		-	(4) Authorization to practice. – A legal authorization by a remote state pursuant 23
72		-	to a multistate license permitting the practice of massage therapy in that 24
73		-	remote state, which shall be subject to the enforcement jurisdiction of the 25
74		-	licensing authority in that remote state. 26
75		-	(5) Background check. – The submission of an applicant's criminal history record 27
76		-	information, as further defined in 28 C.F.R. § 20.3(d), as amended from the 28
77		-	Federal Bureau of Investigation and the agency responsible for retaining state 29
78		-	criminal records in the applicant's home state. 30
79		-	(6) Charter member states. – Member states who have enacted legislation to adopt 31
80		-	this Compact where such legislation predates the effective date of this 32
81		-	Compact as defined in G.S. 90-637.12. 33
82		-	(7) Commission. – The government agency whose membership consists of all 34
83		-	states that have enacted this Compact, which is known as the Interstate 35
84		-	Massage Compact Commission, as defined in G.S. 90-637.8, and which shall 36
85		-	operate as an instrumentality of the member states. 37
86		-	(8) Continuing competence. – A requirement, as a condition of license renewal, 38
87		-	to provide evidence of participation in, and completion of, educational or 39
88		-	professional activities that maintain, improve, or enhance massage therapy 40
89		-	fitness to practice. 41
90		-	(9) Current significant investigative information. – Investigative information that 42
91		-	a licensing authority, after an inquiry or investigation that complies with a 43
92		-	member state's due process requirements, has reason to believe is not 44
93		-	groundless and, if proved true, would indicate a violation of that state's laws 45
94		-	regarding the practice of massage therapy. 46
95		-	(10) Data system. – A repository of information about licensees who hold 47
96		-	multistate licenses, which may include, but is not limited to, license status, 48
97		-	investigative information, and adverse actions. 49 General Assembly Of North Carolina Session 2025
98		-	House Bill 693-First Edition Page 3
99		-	(11) Disqualifying event. – Any event which shall disqualify an individual from 1
100		-	holding a multistate license under this Compact, which the Commission may 2
101		-	by rule specify. 3
102		-	(12) Encumbrance. – A revocation or suspension of, or any limitation or condition 4
103		-	on, the full and unrestricted practice of massage therapy by a licensing 5
104		-	authority. 6
105		-	(13) Executive committee. – A group of delegates elected or appointed to act on 7
106		-	behalf of, and within the powers granted to them by, the Commission. 8
107		-	(14) Home state. – The member state which is a licensee's primary state of 9
108		-	residence where the licensee holds an active single-state license. 10
109		-	(15) Investigative information. – Information, records, or documents received or 11
110		-	generated by a licensing authority pursuant to an investigation or other 12
111		-	inquiry. 13
112		-	(16) Licensee. – An individual who currently holds a license from a member state 14
113		-	to fully practice massage therapy, whose license is not a student, provisional, 15
114		-	temporary, inactive, or other similar status. 16
115		-	(17) Licensing authority. – A state's regulatory body responsible for issuing 17
116		-	massage therapy licenses or otherwise overseeing the practice of massage 18
117		-	therapy in that state. 19
118		-	(18) Massage therapy, massage therapy services, and the practice of massage 20
119		-	therapy. – The care and services provided by a licensee as set forth in the 21
120		-	member state's statutes and regulations in the state where the services are 22
121		-	being provided. 23
122		-	(19) Member state. – Any state that has adopted this Compact. 24
123		-	(20) Multistate license. – A license that consists of authorizations to practice 25
124		-	massage therapy in all remote states pursuant to this Compact, which shall be 26
125		-	subject to the enforcement jurisdiction of the licensing authority in a licensee's 27
126		-	home state. 28
127		-	(21) National licensing examination. – A national examination developed by a 29
128		-	national association of massage therapy regulatory boards, as defined by 30
129		-	Commission rule, that is derived from a practice analysis and is consistent 31
130		-	with generally accepted psychometric principles of fairness, validity, and 32
131		-	reliability, and is administered under secure and confidential examination 33
132		-	protocols. 34
133		-	(22) Remote state. – Any member state, other than the licensee's home state. 35
134		-	(23) Rule. – Any opinion or regulation promulgated by the Commission under this 36
135		-	Compact, which shall have the force of law. 37
136		-	(24) Single-state license. – A current, valid authorization issued by a member 38
137		-	state's licensing authority allowing an individual to fully practice massage 39
138		-	therapy, that is not a restricted, student, provisional, temporary, or inactive 40
139		-	practice authorization and authorizes practice only within the issuing state. 41
140		-	(25) State. – A state, territory, possession of the United States, or the District of 42
141		-	Columbia. 43
142		-	"§ 90-637.3. Member state requirements. 44
143		-	(a) To be eligible to join this Compact, and to maintain eligibility as a member state, a 45
144		-	state must do all of the following: 46
145		-	(1) License and regulate the practice of massage therapy. 47
146		-	(2) Have a mechanism or entity in place to receive and investigate complaints 48
147		-	from the public, regulatory or law enforcement agencies, or the Commission 49
148		-	about licensees practicing in that state. 50 General Assembly Of North Carolina Session 2025
149		-	Page 4 House Bill 693-First Edition
150		-	(3) Accept passage of a national licensing examination as a criterion for massage 1
151		-	therapy licensure in that state. 2
152		-	(4) Require that licensees satisfy educational requirements prior to being licensed 3
153		-	to provide massage therapy services to the public in that state. 4
154		-	(5) Implement procedures for requiring the background check of applicants for a 5
155		-	multistate license, and for the reporting of any disqualifying events, including 6
156		-	obtaining and submitting, for each licensee holding a multistate license and 7
157		-	each applicant for a multistate license, fingerprint, or other biometric-based 8
158		-	information to the Federal Bureau of Investigation for background checks; 9
159		-	receiving the results of the Federal Bureau of Investigation record search on 10
160		-	background checks and considering the results of such a background check in 11
161		-	making licensure decisions. 12
162		-	(6) Have continuing competence requirements as a condition for license renewal. 13
163		-	(7) Participate in the data system, including through the use of unique identifying 14
164		-	numbers as described in this Compact. 15
165		-	(8) Notify the Commission and other member states, in compliance with the terms 16
166		-	of the Compact and rules of the Commission, of any disciplinary action taken 17
167		-	by the state against a licensee practicing under a multistate license in that state, 18
168		-	or of the existence of investigative information or current significant 19
169		-	investigative information regarding a licensee practicing in that state pursuant 20
170		-	to a multistate license. 21
171		-	(9) Comply with the rules of the Commission. 22
172		-	(10) Accept licensees with valid multistate licenses from other member states as 23
173		-	established in this Compact. 24
174		-	(b) Individuals not residing in a member state shall continue to be able to apply for a 25
175		-	member state's single-state license as provided under the laws of each member state. However, 26
176		-	the single-state license granted to those individuals shall not be recognized as granting a 27
177		-	multistate license for massage therapy in any other member state. 28
178		-	(c) Nothing in this Compact shall affect the requirements established by a member state 29
179		-	for the issuance of a single-state license. 30
180		-	(d) A multistate license issued to a licensee shall be recognized by each remote state as 31
181		-	an authorization to practice massage therapy in each remote state. 32
182		-	"§ 90-637.4. Multistate license requirements. 33
183		-	(a) To qualify for a multistate license under this Compact and to maintain eligibility for 34
184		-	such a license, an applicant must meet all the following requirements: 35
185		-	(1) Hold an active single-state license to practice massage therapy in the 36
186		-	applicant's home state. 37
187		-	(2) Have completed at least 625 clock hours of massage therapy education or the 38
188		-	substantial equivalent which the Commission may approve by rule. 39
189		-	(3) Have passed a national licensing examination or the substantial equivalent 40
190		-	which the Commission may approve by rule. 41
191		-	(4) Submit to a background check. 42
192		-	(5) Have not been convicted or found guilty, or have entered into an agreed 43
193		-	disposition, of a felony offense under applicable state or federal criminal law, 44
194		-	within five years prior to the date of their application, where such a time period 45
195		-	shall not include any time served for the offense, and provided that the 46
196		-	applicant has completed any and all requirements arising as a result of any 47
197		-	such offense. 48
198		-	(6) Have not been convicted or found guilty, or have entered into an agreed 49
199		-	disposition, of a misdemeanor offense related to the practice of massage 50
200		-	therapy under applicable state or federal criminal law, within two years prior 51 General Assembly Of North Carolina Session 2025
201		-	House Bill 693-First Edition Page 5
202		-	to the date of their application where such a time period shall not include any 1
203		-	time served for the offense, and provided that the applicant has completed any 2
204		-	and all requirements arising as a result of any such offense. 3
205		-	(7) Have not been convicted or found guilty, or have entered into an agreed 4
206		-	disposition, of any offense, whether a misdemeanor or a felony, under state or 5
207		-	federal law, at any time, relating to any of the following: 6
208		-	a. Kidnapping. 7
209		-	b. Human trafficking. 8
210		-	c. Human smuggling. 9
211		-	d. Sexual battery, sexual assault, or any related offenses. 10
212		-	e. Any other category of offense which the Commission may by rule 11
213		-	designate. 12
214		-	(8) Have not previously held a massage therapy license which was revoked by or 13
215		-	surrendered in lieu of discipline to an applicable licensing authority. 14
216		-	(9) Have no history of any adverse action on any occupational or professional 15
217		-	license within two years prior to the date of their application. 16
218		-	(10) Pay all required fees. 17
219		-	(b) A multistate license granted pursuant to this Compact may be effective for a definite 18
220		-	period of time concurrent with the renewal of the home state license. 19
221		-	(c) A licensee practicing in a member state is subject to all scope of practice laws 20
222		-	governing massage therapy services in that state. 21
223		-	(d) The practice of massage therapy under a multistate license granted pursuant to this 22
224		-	Compact will subject the licensee to the jurisdiction of the licensing authority, the courts, and the 23
225		-	laws of the member state in which the massage therapy services are provided. 24
226		-	"§ 90-637.5. Authority of Interstate Massage Compact Commission and member state 25
227		-	licensing authorities. 26
228		-	(a) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 27
229		-	restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, 28
230		-	or other rules related to the practice of massage therapy in that state, where those laws, 29
231		-	regulations, or other rules are not inconsistent with the provisions of this Compact. 30
232		-	(b) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 31
233		-	restrict, or in any way reduce the ability of a member state to take adverse action against a 32
234		-	licensee's single-state license to practice massage therapy in that state. 33
235		-	(c) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 34
236		-	restrict, or in any way reduce the ability of a remote state to take adverse action against a 35
237		-	licensee's authorization to practice in that state. 36
238		-	(d) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 37
239		-	restrict, or in any way reduce the ability of a licensee's home state to take adverse action against 38
240		-	a licensee's multistate license based upon information provided by a remote state. 39
241		-	(e) Insofar as practical, a member state's licensing authority shall cooperate with the 40
242		-	Commission and with each entity exercising independent regulatory authority over the practice 41
243		-	of massage therapy according to the provisions of this Compact. 42
244		-	"§ 90-637.6. Adverse actions. 43
245		-	(a) A licensee's home state shall have exclusive power to impose an adverse action 44
246		-	against a licensee's multistate license issued by the home state. 45
247		-	(b) A home state may take adverse action on a multistate license based on the 46
248		-	investigative information, current significant investigative information, or adverse action of a 47
249		-	remote state. 48
250		-	(c) A home state shall retain authority to complete any pending investigations of a 49
251		-	licensee practicing under a multistate license who changes their home state during the course of 50 General Assembly Of North Carolina Session 2025
252		-	Page 6 House Bill 693-First Edition
253		-	such an investigation. The licensing authority shall also be empowered to report the results of 1
254		-	such an investigation to the Commission through the data system as described in this Compact. 2
255		-	(d) Any member state may investigate actual or alleged violations of the scope of practice 3
256		-	laws in any other member state for a massage therapist who holds a multistate license. 4
257		-	(e) A remote state shall have the authority to do all of the following actions: 5
258		-	(1) Take adverse actions against a licensee's authorization to practice. 6
259		-	(2) Issue cease and desist orders or impose an encumbrance on a licensee's 7
260		-	authorization to practice in that state. 8
261		-	(3) Issue subpoenas for both hearings and investigations that require the 9
262		-	attendance and testimony of witnesses, as well as the production of evidence. 10
263		-	Subpoenas issued by a licensing authority in a member state for the attendance 11
264		-	and testimony of witnesses or the production of evidence from another 12
265		-	member state shall be enforced in the latter state by any court of competent 13
266		-	jurisdiction, according to the practice and procedure of that court applicable 14
267		-	to subpoenas issued in proceedings before it. The issuing licensing authority 15
268		-	shall pay any witness fees, travel expenses, mileage, and other fees required 16
269		-	by the service statutes of the state in which the witnesses or evidence are 17
270		-	located. 18
271		-	(4) If otherwise permitted by state law, recover from the affected licensee the 19
272		-	costs of investigations and disposition of cases resulting from any adverse 20
273		-	action taken against that licensee. 21
274		-	(5) Take adverse action against the licensee's authorization to practice in that state 22
275		-	based on the factual findings of another member state. 23
276		-	(f) If an adverse action is taken by the home state against a licensee's multistate license 24
277		-	or single-state license to practice in the home state, the licensee's authorization to practice in all 25
278		-	other member states shall be deactivated until all encumbrances have been removed from such 26
279		-	license. All home state disciplinary orders that impose an adverse action against a licensee shall 27
280		-	include a statement that the massage therapist's authorization to practice is deactivated in all 28
281		-	member states during the pendency of the order. 29
282		-	(g) If adverse action is taken by a remote state against a licensee's authorization to 30
283		-	practice, that adverse action applies to all authorizations to practice in all remote states. A 31
284		-	licensee whose authorization to practice in a remote state is removed for a specified period of 32
285		-	time is not eligible to apply for a new multistate license in any other state until the specific time 33
286		-	for removal of the authorization to practice has passed and all encumbrance requirements are 34
287		-	satisfied. 35
288		-	(h) Nothing in this Compact shall override a member state's authority to accept a 36
289		-	licensee's participation in an alternative program in lieu of adverse action. A licensee's multistate 37
290		-	license shall be suspended for the duration of the licensee's participation in any alternative 38
291		-	program. 39
292		-	(i) Joint Investigations. – 40
293		-	(1) In addition to the authority granted to a member state by its respective scope 41
294		-	of practice laws or other applicable state law, a member state may participate 42
295		-	with other member states in joint investigations of licensees. 43
296		-	(2) Member states shall share any investigative, litigation, or compliance 44
297		-	materials in furtherance of any joint or individual investigation initiated under 45
298		-	the Compact. 46
299		-	"§ 90-637.7. Active military members and their spouses. 47
300		-	Active military members, or their spouses, shall designate a home state where the individual 48
301		-	has a current license to practice massage therapy in good standing. The individual may retain 49
302		-	their home state designation during any period of service when that individual or their spouse is 50
303		-	on active duty assignment. 51 General Assembly Of North Carolina Session 2025
304		-	House Bill 693-First Edition Page 7
305		-	"§ 90-637.8. Establishment and operation of Interstate Massage Compact Commission. 1
306		-	(a) Establishment. – The Compact member states hereby create and establish a joint 2
307		-	government agency whose membership consists of all member states that have enacted the 3
308		-	Compact known as the Interstate Massage Compact Commission. The Commission is an 4
309		-	instrumentality of the Compact member states acting jointly and not an instrumentality of any 5
310		-	one state. The Commission shall come into existence on or after the effective date of the Compact 6
311		-	as set forth in G.S. 90-637.12. 7
312		-	(b) Membership, Voting, and Meetings. – Each member state shall have and be limited 8
313		-	to one delegate selected by that member state's state licensing authority. The delegate shall be 9
314		-	the primary administrative officer of the state licensing authority or their designee. The 10
315		-	Commission shall by rule or bylaw establish a term of office for delegates and may by rule or 11
316		-	bylaw establish term limits. The Commission may recommend removal or suspension of any 12
317		-	delegate from office. A member state's state licensing authority shall fill any vacancy of its 13
318		-	delegate occurring on the Commission within 60 days of the vacancy. Each delegate shall be 14
319		-	entitled to one vote on all matters that are voted on by the Commission. The Commission shall 15
320		-	meet at least once during each calendar year. Additional meetings may be held as set forth in the 16
321		-	bylaws. The Commission may meet by telecommunication, video conference, or other similar 17
322		-	electronic means. 18
323		-	(c) Powers. – The Commission shall have all of the following powers: 19
324		-	(1) Establish the fiscal year of the Commission. 20
325		-	(2) Establish a code of conduct and conflict of interest policies. 21
326		-	(3) Adopt rules and bylaws. 22
327		-	(4) Maintain its financial records in accordance with the bylaws. 23
328		-	(5) Meet and take such actions as are consistent with the provisions of this 24
329		-	Compact, the Commission's rules, and the bylaws. 25
330		-	(6) Initiate and conclude legal proceedings or actions in the name of the 26
331		-	Commission, provided that the standing of any state licensing authority to sue 27
332		-	or be sued under applicable law shall not be affected. 28
333		-	(7) Maintain and certify records and information provided to a member state as 29
334		-	the authenticated business records of the Commission, and designate an agent 30
335		-	to do so on the Commission's behalf. 31
336		-	(8) Purchase and maintain insurance and bonds. 32
337		-	(9) Borrow, accept, or contract for services of personnel, including, but not 33
338		-	limited to, employees of a member state. 34
339		-	(10) Conduct an annual financial review. 35
340		-	(11) Hire employees, elect or appoint officers, fix compensation, define duties, 36
341		-	grant such individuals appropriate authority to carry out the purposes of the 37
342		-	Compact, and establish the Commission's personnel policies and programs 38
343		-	relating to conflicts of interest, qualifications of personnel, and other related 39
344		-	personnel matters. 40
345		-	(12) Assess and collect fees. 41
346		-	(13) Accept any and all appropriate gifts, donations, grants of money, other sources 42
347		-	of revenue, equipment, supplies, materials, and services, and receive, utilize, 43
348		-	and dispose of the same; provided that at all times the Commission shall avoid 44
349		-	any appearance of impropriety or conflict of interest. 45
350		-	(14) Lease, purchase, retain, own, hold, improve, or use any property, real, 46
351		-	personal, or mixed, or any undivided interest therein. 47
352		-	(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 48
353		-	dispose of any property real, personal, or mixed. 49
354		-	(16) Establish a budget and make expenditures. 50
355		-	(17) Borrow money. 51 General Assembly Of North Carolina Session 2025
356		-	Page 8 House Bill 693-First Edition
357		-	(18) Appoint committees, including standing committees, composed of members, 1
358		-	state regulators, state legislators or their representatives, and consumer 2
359		-	representatives, and such other interested persons as may be designated in this 3
360		-	Compact and the bylaws. 4
361		-	(19) Accept and transmit complaints from the public, regulatory or law 5
362		-	enforcement agencies, or the Commission to the relevant member states 6
363		-	regarding potential misconduct of licensees. 7
364		-	(20) Elect a chair, vice-chair, secretary, and treasurer and such other officers of the 8
365		-	Commission as provided in the Commission's bylaws. 9
366		-	(21) Establish and elect an Executive Committee, including a chair and a 10
367		-	vice-chair. 11
368		-	(22) Adopt and provide to the member states an annual report. 12
369		-	(23) Determine whether a state's adopted language is materially different from the 13
370		-	model Compact language such that the state would not qualify for 14
371		-	participation in the Compact. 15
372		-	(24) Perform such other functions as may be necessary or appropriate to achieve 16
373		-	the purposes of this Compact. 17
374		-	(d) Executive Committee; Powers; Duties. – The Executive Committee shall have the 18
375		-	power to act on behalf of the Commission according to the terms of this Compact. The powers, 19
376		-	duties, and responsibilities of the Executive Committee shall include all of the following: 20
377		-	(1) Overseeing the day-to-day activities of the administration of the Compact, 21
378		-	including compliance with the provisions of the Compact, the Commission's 22
379		-	rules and bylaws, and other such duties as deemed necessary. 23
380		-	(2) Recommending to the Commission changes to the rules or bylaws, changes to 24
381		-	this Compact legislation, fees charged to Compact member states, fees 25
382		-	charged to licensees, and other fees. 26
383		-	(3) Ensuring Compact administration services are appropriately provided, 27
384		-	including by contract. 28
385		-	(4) Preparing and recommending the budget. 29
386		-	(5) Maintaining financial records on behalf of the Commission. 30
387		-	(6) Monitoring Compact compliance of member states and providing compliance 31
388		-	reports to the Commission. 32
389		-	(7) Establishing additional committees as necessary. 33
390		-	(8) Exercise the powers and duties of the Commission during the interim between 34
391		-	Commission meetings, except for adopting or amending rules, adopting or 35
392		-	amending bylaws, and exercising any other powers and duties expressly 36
393		-	reserved to the Commission by rule or bylaw. 37
394		-	(9) Other duties as provided in the rules or bylaws of the Commission. 38
395		-	(e) Executive Committee; Membership. – The Executive Committee shall be composed 39
396		-	of seven voting members and up to two ex officio members as follows: 40
397		-	(1) The chair and vice-chair of the Commission and any other members of the 41
398		-	Commission who serve on the Executive Committee shall be voting members 42
399		-	of the Executive Committee; and 43
400		-	(2) Other than the chair, vice-chair, secretary and treasurer, the Commission shall 44
401		-	elect three voting members from the current membership of the Commission. 45
402		-	(3) The Commission may elect ex officio, nonvoting members as necessary as 46
403		-	follows: 47
404		-	a. One ex officio member who is a representative of the national 48
405		-	association of state massage therapy regulatory boards. 49
406		-	b. One ex officio member as specified in the Commission's bylaws. 50 General Assembly Of North Carolina Session 2025
407		-	House Bill 693-First Edition Page 9
408		-	(f) Commission Power to Remove Executive Committee Members. – The Commission 1
409		-	may remove any member of the Executive Committee as provided in the Commission's bylaws. 2
410		-	(g) Executive Committee Meetings. – The Executive Committee shall meet at least 3
411		-	annually. Executive Committee meetings shall be open to the public, except that the Executive 4
412		-	Committee may meet in a closed, nonpublic session of a public meeting when dealing with any 5
413		-	of the matters covered under subsection (k) of this section. The Executive Committee shall give 6
414		-	five business days advance notice of its public meetings, posted on its website and as determined 7
415		-	to provide notice to persons with an interest in the public matters the Executive Committee 8
416		-	intends to address at those meetings. 9
417		-	(h) Executive Committee Emergency Meetings. – The Executive Committee may hold 10
418		-	an emergency meeting when acting for the Commission to (i) meet an imminent threat to public 11
419		-	health, safety, or welfare; (ii) prevent a loss of Commission or participating state funds; or (iii) 12
420		-	protect public health and safety. 13
421		-	(i) Annual Report. – The Commission shall adopt and provide to the member states an 14
422		-	annual report. 15
423		-	(j) Meetings of the Commission. – All meetings of the Commission that are not closed 16
424		-	pursuant to this subsection shall be open to the public. Notice of public meetings shall be posted 17
425		-	on the Commission's website at least 30 days prior to the public meeting. Notwithstanding 18
426		-	subsection (g) of this section, the Commission may convene an emergency public meeting by 19
427		-	providing at least 24 hours prior notice on the Commission's website, and any other means as 20
428		-	provided in the Commission's rules, for any of the reasons it may dispense with notice of 21
429		-	proposed rulemaking under G.S. 90-637.10(l). The Commission's legal counsel shall certify that 22
430		-	one of the reasons justifying an emergency public meeting has been met. Notice of all 23
431		-	Commission meetings shall provide the time, date, and location of the meeting, and if the meeting 24
432		-	is to be held or accessible via telecommunication, video conference, or other electronic means, 25
433		-	the notice shall include the mechanism for access to the meeting. 26
434		-	(k) Nonpublic Commission Meetings. – The Commission may convene in a closed, 27
435		-	nonpublic meeting for the Commission to discuss any of the following: 28
436		-	(1) Noncompliance of a member state with its obligations under the Compact. 29
437		-	(2) The employment, compensation, discipline or other matters, practices or 30
438		-	procedures related to specific employees or other matters related to the 31
439		-	Commission's internal personnel practices and procedures. 32
440		-	(3) Current or threatened discipline of a licensee by the Commission or by a 33
441		-	member state's licensing authority. 34
442		-	(4) Current, threatened, or reasonably anticipated litigation. 35
443		-	(5) Negotiation of contracts for the purchase, lease, or sale of goods, services, or 36
444		-	real estate. 37
445		-	(6) Accusing any person of a crime or formally censuring any person. 38
446		-	(7) Trade secrets or commercial or financial information that is privileged or 39
447		-	confidential. 40
448		-	(8) Information of a personal nature where disclosure would constitute a clearly 41
449		-	unwarranted invasion of personal privacy. 42
450		-	(9) Investigative records compiled for law enforcement purposes. 43
451		-	(10) Information related to any investigative reports prepared by or on behalf of or 44
452		-	for use of the Commission or other committee charged with responsibility of 45
453		-	investigation or determination of compliance issues pursuant to the Compact. 46
454		-	(11) Legal advice. 47
455		-	(12) Matters specifically exempted from disclosure to the public by federal or 48
456		-	member state law. 49
457		-	(13) Other matters as promulgated by the Commission by rule. 50 General Assembly Of North Carolina Session 2025
458		-	Page 10 House Bill 693-First Edition
459		-	If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the 1
460		-	meeting will be closed and reference each relevant exempting provision, and such reference shall 2
461		-	be recorded in the minutes. 3
462		-	(l) Meeting Minutes. – The Commission shall keep minutes that fully and clearly 4
463		-	describe all matters discussed in a meeting and shall provide a full and accurate summary of 5
464		-	actions taken, and the reasons therefore, including a description of the views expressed. All 6
465		-	documents considered in connection with an action shall be identified in such minutes. All 7
466		-	minutes and documents of a closed meeting shall remain under seal, subject to release only by a 8
467		-	majority vote of the Commission or order of a court of competent jurisdiction. 9
468		-	(m) Financing of the Commission. – The Commission shall pay, or provide for the 10
469		-	payment of, the reasonable expenses of its establishment, organization, and ongoing activities. 11
470		-	The Commission may accept any and all appropriate sources of revenue, donations, and 12
471		-	grants of money, equipment, supplies, materials, and services. The Commission may levy on and 13
472		-	collect an annual assessment from each member state and impose fees on licensees of member 14
473		-	states to whom it grants a multistate license to cover the cost of the operations and activities of 15
474		-	the Commission and its staff, which must be in a total amount sufficient to cover its annual budget 16
475		-	as approved each year for which revenue is not provided by other sources. The aggregate annual 17
476		-	assessment amount for member states shall be allocated based upon a formula that the 18
477		-	Commission shall promulgate by rule. The Commission shall not incur obligations of any kind 19
478		-	prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit 20
479		-	of any member states, except by and with the authority of the member state. 21
480		-	The Commission shall keep accurate accounts of all receipts and disbursements. The receipts 22
481		-	and disbursements of the Commission shall be subject to the financial review and accounting 23
482		-	procedures established under its bylaws. All receipts and disbursements of funds handled by the 24
483		-	Commission shall be subject to an annual financial review by a certified or licensed public 25
484		-	accountant, and the report of the financial review shall be included in and become part of the 26
485		-	annual report of the Commission. 27
486		-	(n) Qualified Immunity, Defense, and Indemnification. – The members, officers, 28
487		-	executive director, employees, and representatives of the Commission shall be immune from suit 29
488		-	and liability, both personally and in their official capacity, for any claim for damage to or loss of 30
489		-	property or personal injury or other civil liability caused by or arising out of any actual or alleged 31
490		-	act, error, or omission that occurred, or that the person against whom the claim is made had a 32
491		-	reasonable basis for believing occurred within the scope of Commission employment, duties, or 33
492		-	responsibilities; provided that nothing in this subsection shall be construed to protect any such 34
493		-	person from suit or liability for any damage, loss, injury, or liability caused by the intentional or 35
494		-	willful or wanton misconduct of that person. The procurement of insurance of any type by the 36
495		-	Commission shall not in any way compromise or limit the immunity granted hereunder. 37
496		-	The Commission shall defend any member, officer, executive director, employee, and 38
497		-	representative of the Commission in any civil action seeking to impose liability arising out of 39
498		-	any actual or alleged act, error, or omission that occurred within the scope of Commission 40
499		-	employment, duties, or responsibilities, or as determined by the Commission that the person 41
500		-	against whom the claim is made had a reasonable basis for believing occurred within the scope 42
501		-	of Commission employment, duties, or responsibilities; provided that nothing herein shall be 43
502		-	construed to prohibit that person from retaining their own counsel at their own expense; and 44
503		-	provided further, that the actual or alleged act, error, or omission did not result from that person's 45
504		-	intentional or willful or wanton misconduct. 46
505		-	The Commission shall indemnify and hold harmless any member, officer, executive director, 47
506		-	employee, and representative of the Commission for the amount of any settlement or judgment 48
507		-	obtained against that person arising out of any actual or alleged act, error, or omission that 49
508		-	occurred within the scope of Commission employment, duties, or responsibilities, or that such 50
509		-	person had a reasonable basis for believing occurred within the scope of Commission 51 General Assembly Of North Carolina Session 2025
510		-	House Bill 693-First Edition Page 11
511		-	employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission 1
512		-	did not result from the intentional or willful or wanton misconduct of that person. 2
513		-	Nothing herein shall be construed as a limitation on the liability of any licensee for 3
514		-	professional malpractice or misconduct, which shall be governed solely by any other applicable 4
515		-	state laws. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a member 5
516		-	state's state action immunity or state action affirmative defense with respect to antitrust claims 6
517		-	under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law 7
518		-	or regulation. Nothing in this Compact shall be construed to be a waiver of sovereign immunity 8
519		-	by the member states or by the Commission. 9
520		-	"§ 90-637.9. Data system. 10
521		-	(a) The Commission shall provide for the development, maintenance, operation, and 11
522		-	utilization of a coordinated database and reporting system. 12
523		-	(b) The Commission shall assign each applicant for a multistate license a unique 13
524		-	identifier, as determined by the rules of the Commission. 14
525		-	(c) Notwithstanding any other provision of state law to the contrary, a member state shall 15
526		-	submit a uniform data set to the data system on all individuals to whom this Compact is applicable 16
527		-	as required by the rules of the Commission, including all of the following: 17
528		-	(1) Identifying information. 18
529		-	(2) Licensure data. 19
530		-	(3) Adverse actions against a license and information related thereto. 20
531		-	(4) Nonconfidential information related to alternative program participation, the 21
532		-	beginning and ending dates of such participation, and other information 22
533		-	related to such participation. 23
534		-	(5) Any denial of application for licensure, and the reasons for such denial 24
535		-	(excluding the reporting of any criminal history record information where 25
536		-	prohibited by law). 26
537		-	(6) The existence of investigative information. 27
538		-	(7) The existence of current significant investigative information. 28
539		-	(8) Other information that may facilitate the administration of this Compact or the 29
540		-	protection of the public, as determined by the rules of the Commission. 30
541		-	(d) The records and information provided to a member state pursuant to this Compact or 31
542		-	through the data system, when certified by the Commission or an agent thereof, shall constitute 32
543		-	the authenticated business records of the Commission, and shall be entitled to any associated 33
544		-	hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a 34
545		-	member state. 35
546		-	(e) The existence of current significant investigative information and the existence of 36
547		-	investigative information pertaining to a licensee in any member state will only be available to 37
548		-	other member states. 38
549		-	(f) It is the responsibility of the member states to report any adverse action against a 39
550		-	licensee who holds a multistate license and to monitor the database to determine whether adverse 40
551		-	action has been taken against such a licensee or license applicant. Adverse action information 41
552		-	pertaining to a licensee or license applicant in any member state will be available to any other 42
553		-	member state. 43
554		-	(g) Member states contributing information to the data system may designate information 44
555		-	that may not be shared with the public without the express permission of the contributing state. 45
556		-	(h) Any information submitted to the data system that is subsequently expunged pursuant 46
557		-	to federal law or the laws of the member state contributing the information shall be removed from 47
558		-	the data system. 48
559		-	"§ 90-637.10. Rulemaking. 49
560		-	(a) The Commission shall promulgate reasonable rules in order to effectively and 50
561		-	efficiently implement and administer the purposes and provisions of the Compact. A rule shall 51 General Assembly Of North Carolina Session 2025
562		-	Page 12 House Bill 693-First Edition
563		-	be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule 1
564		-	is invalid because the Commission exercised its rulemaking authority in a manner that is beyond 2
565		-	the scope and purposes of the Compact, or the powers granted hereunder, or based upon another 3
566		-	applicable standard of review. 4
567		-	(b) The rules of the Commission shall have the force of law in each member state, 5
568		-	provided however that where the rules of the Commission conflict with the laws of the member 6
569		-	state that establish the member state's scope of practice as held by a court of competent 7
570		-	jurisdiction, the rules of the Commission shall be ineffective in that state to the extent of the 8
571		-	conflict. 9
572		-	(c) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth 10
573		-	in this Article and the rules adopted thereunder. Rules shall become binding as of the date 11
574		-	specified by the Commission for each rule. 12
575		-	(d) If a majority of the legislatures of the member states rejects a rule or portion of a rule, 13
576		-	by enactment of a statute or resolution in the same manner used to adopt the Compact within four 14
577		-	years of the date of adoption of the rule, then such rule shall have no further force and effect in 15
578		-	any member state or to any state applying to participate in the Compact. 16
579		-	(e) Rules shall be adopted at a regular or special meeting of the Commission. 17
580		-	(f) Prior to adoption of a proposed rule, the Commission shall hold a public hearing and 18
581		-	allow persons to provide oral and written comments, data, facts, opinions, and arguments. 19
582		-	(g) Prior to adoption of a proposed rule by the Commission, and at least 30 days in 20
583		-	advance of the meeting at which the Commission will hold a public hearing on the proposed rule, 21
584		-	the Commission shall provide a notice of proposed rulemaking (i) on the website of the 22
585		-	Commission or other publicly accessible platform, (ii) to persons who have requested notice of 23
586		-	the Commission's notices of proposed rulemaking, and (iii) in such other ways as the Commission 24
587		-	may by rule specify. 25
588		-	(h) The notice of proposed rulemaking shall include all of the following: 26
589		-	(1) The time, date, and location of the public hearing at which the Commission 27
590		-	will hear public comments on the proposed rule and, if different, the time, 28
591		-	date, and location of the meeting where the Commission will consider and 29
592		-	vote on the proposed rule. 30
593		-	(2) If the hearing is held via telecommunication, video conference, or other 31
594		-	electronic means, the Commission shall include the mechanism for access to 32
595		-	the hearing in the notice of proposed rulemaking. 33
596		-	(3) The text of the proposed rule and the reason therefor. 34
597		-	(4) A request for comments on the proposed rule from any interested person. 35
598		-	(5) The manner in which interested persons may submit written comments. 36
599		-	(i) All hearings will be recorded. A copy of the recording and all written comments and 37
600		-	documents received by the Commission in response to the proposed rule shall be available to the 38
601		-	public. 39
602		-	(j) Nothing in this Article shall be construed as requiring a separate hearing on each rule. 40
603		-	Rules may be grouped for the convenience of the Commission at hearings required by this 41
604		-	Article. 42
605		-	(k) The Commission shall, by majority vote of all Commissioners, take final action on 43
606		-	the proposed rule based on the rulemaking record. 44
607		-	(1) The Commission may adopt changes to the proposed rule provided the 45
608		-	changes do not enlarge the original purpose of the proposed rule. 46
609		-	(2) The Commission shall provide an explanation of the reasons for substantive 47
610		-	changes made to the proposed rule as well as reasons for substantive changes 48
611		-	not made that were recommended by commenters. 49
612		-	(3) The Commission shall determine a reasonable effective date for the rule. 50
613		-	Except for an emergency as provided in subsection (l) of this section, the 51 General Assembly Of North Carolina Session 2025
614		-	House Bill 693-First Edition Page 13
615		-	effective date of the rule shall be no sooner than 30 days after the Commission 1
616		-	issuing the notice that it adopted or amended the rule. 2
617		-	(l) Upon determination that an emergency exists, the Commission may consider and 3
618		-	adopt an emergency rule with 24 hours notice, provided that the usual rulemaking procedures 4
619		-	provided in the Compact and in this Article shall be retroactively applied to the rule as soon as 5
620		-	reasonably possible, in no event later than 90 days after the effective date of the rule. For the 6
621		-	purposes of this provision, an emergency rule is one that must be adopted immediately to (i) meet 7
622		-	an imminent threat to public health, safety, or welfare, (ii) prevent a loss of Commission or 8
623		-	member state funds, (iii) meet a deadline for the promulgation of a rule that is established by 9
624		-	federal law or rule, or (iv) protect public health and safety. 10
625		-	(m) The Commission or an authorized committee of the Commission may direct revisions 11
626		-	to a previously adopted rule for purposes of correcting typographical errors, errors in format, 12
627		-	errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the 13
628		-	website of the Commission. The revision shall be subject to challenge by any person for a period 14
629		-	of 30 days after posting. The revision may be challenged only on grounds that the revision results 15
630		-	in a material change to a rule. A challenge shall be made in writing and delivered to the 16
631		-	Commission prior to the end of the notice period. If no challenge is made, the revision will take 17
632		-	effect without further action. If the revision is challenged, the revision may not take effect without 18
633		-	the approval of the Commission. 19
634		-	(n) No member state's rulemaking requirements shall apply under this Compact. 20
635		-	"§ 90-637.11. Oversight, dispute resolution, and enforcement. 21
636		-	(a) The executive and judicial branches of state government in each member state shall 22
637		-	enforce this Compact and take all actions necessary and appropriate to implement the Compact. 23
638		-	(b) Venue is proper and judicial proceedings by or against the Commission shall be 24
639		-	brought solely and exclusively in a court of competent jurisdiction where the principal office of 25
640		-	the Commission is located. The Commission may waive venue and jurisdictional defenses to the 26
641		-	extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing 27
642		-	herein shall affect or limit the selection or propriety of venue in any action against a licensee for 28
643		-	professional malpractice, misconduct, or any such similar matter. 29
644		-	(c) The Commission shall be entitled to receive service of process in any proceeding 30
645		-	regarding the enforcement or interpretation of the Compact and shall have standing to intervene 31
646		-	in such a proceeding for all purposes. Failure to provide the Commission service of process shall 32
647		-	render a judgment or order void as to the Commission, this Compact, or promulgated rules. 33
648		-	(d) If the Commission determines that a member state has defaulted in the performance 34
649		-	of its obligations or responsibilities under this Compact or the promulgated rules, the 35
650		-	Commission shall provide written notice to the defaulting state. The notice of default shall 36
651		-	describe the default, the proposed means of curing the default, and any other action that the 37
652		-	Commission may take and shall offer training and specific technical assistance regarding the 38
653		-	default. The Commission shall provide a copy of the notice of default to the other member states. 39
654		-	(e) If a state in default fails to cure the default, the defaulting state may be terminated 40
655		-	from the Compact upon an affirmative vote of a majority of the delegates of the member states, 41
656		-	and all rights, privileges, and benefits conferred on that state by this Compact may be terminated 42
657		-	on the effective date of termination. A cure of the default does not relieve the offending state of 43
658		-	obligations or liabilities incurred during the period of default. 44
659		-	(f) Termination of membership in the Compact shall be imposed only after all other 45
660		-	means of securing compliance have been exhausted. Notice of intent to suspend or terminate 46
661		-	shall be given by the Commission to the governor, the majority and minority leaders of the 47
662		-	defaulting state's legislature, the defaulting state's state licensing authority, and each of the 48
663		-	member states' state licensing authority. 49 General Assembly Of North Carolina Session 2025
664		-	Page 14 House Bill 693-First Edition
665		-	(g) A state that has been terminated is responsible for all assessments, obligations, and 1
666		-	liabilities incurred through the effective date of termination, including obligations that extend 2
667		-	beyond the effective date of termination. 3
668		-	(h) Upon the termination of a state's membership from this Compact, that state shall 4
669		-	immediately provide notice to all licensees who hold a multistate license within that state of such 5
670		-	termination. The terminated state shall continue to recognize all licenses granted pursuant to this 6
671		-	Compact for a minimum of 180 days after the date of said notice of termination. 7
672		-	(i) The Commission shall not bear any costs related to a state that is found to be in default 8
673		-	or that has been terminated from the Compact, unless agreed upon in writing between the 9
674		-	Commission and the defaulting state. 10
675		-	(j) The defaulting state may appeal the action of the Commission by petitioning the U.S. 11
676		-	District Court for the District of Columbia or the federal district where the Commission has its 12
677		-	principal offices. The prevailing party shall be awarded all costs of such litigation, including 13
678		-	reasonable attorneys' fees. 14
679		-	(k) Upon request by a member state, the Commission shall attempt to resolve disputes 15
680		-	related to the Compact that arise among member states and between member and nonmember 16
681		-	states. The Commission shall promulgate a rule providing for both mediation and binding dispute 17
682		-	resolution for disputes as appropriate. 18
683		-	(l) The Commission, in the reasonable exercise of its discretion, shall enforce the 19
684		-	provisions of this Compact and the Commission's rules. 20
685		-	(m) By majority vote as provided by Commission rule, the Commission may initiate legal 21
686		-	action against a member state in default in the United States District Court for the District of 22
687		-	Columbia or the federal district where the Commission has its principal offices to enforce 23
688		-	compliance with the provisions of the Compact and its promulgated rules. The relief sought may 24
689		-	include both injunctive relief and damages. In the event judicial enforcement is necessary, the 25
690		-	prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees. 26
691		-	The remedies herein shall not be the exclusive remedies of the Commission. The Commission 27
692		-	may pursue any other remedies available under federal or the defaulting member state's law. 28
693		-	(n) A member state may initiate legal action against the Commission in the U.S. District 29
694		-	Court for the District of Columbia or the federal district where the Commission has its principal 30
695		-	offices to enforce compliance with the provisions of the Compact and its promulgated rules. The 31
696		-	relief sought may include both injunctive relief and damages. In the event judicial enforcement 32
697		-	is necessary, the prevailing party shall be awarded all costs of such litigation, including 33
698		-	reasonable attorneys' fees. 34
699		-	(o) No individual or entity other than a member state may enforce this Compact against 35
700		-	the Commission. 36
701		-	"§ 90-637.12. Effective date, withdrawal, and amendment. 37
702		-	(a) The Compact shall come into effect on the date on which the Compact statute is 38
703		-	enacted into law in the seventh member state. On or after the effective date of the Compact, the 39
704		-	Commission shall convene and review the enactment of each of the charter member states to 40
705		-	determine if the statute enacted by each such charter member state is materially different than the 41
706		-	model Compact statute. 42
707		-	(b) A charter member state whose enactment is found to be materially different from the 43
708		-	model Compact statute shall be entitled to the default process set forth in G.S. 90-637.11. If any 44
709		-	member state is later found to be in default, or is terminated or withdraws from the Compact, the 45
710		-	Commission shall remain in existence and the Compact shall remain in effect even if the number 46
711		-	of member states should be less than seven. 47
712		-	(c) Member states enacting the Compact subsequent to the charter member states shall 48
713		-	be subject to the process set forth in G.S. 90-637.8(c)(23) to determine if their enactments are 49
714		-	materially different from the model Compact statute and whether they qualify for participation 50
715		-	in the Compact. 51 General Assembly Of North Carolina Session 2025
716		-	House Bill 693-First Edition Page 15
717		-	(d) All actions taken for the benefit of the Commission or in furtherance of the purposes 1
718		-	of the administration of the Compact prior to the effective date of the Compact or the Commission 2
719		-	coming into existence shall be considered to be actions of the Commission unless specifically 3
720		-	repudiated by the Commission. 4
721		-	(e) Any state that joins the Compact shall be subject to the Commission's rules and 5
722		-	bylaws as they exist on the date on which the Compact becomes law in that state. Any rule that 6
723		-	has been previously adopted by the Commission shall have the full force and effect of law on the 7
724		-	day the Compact becomes law in that state. 8
725		-	(f) Any member state may withdraw from this Compact by enacting a statute repealing 9
726		-	that state's enactment of the Compact. A member state's withdrawal shall not take effect until 10
727		-	180 days after enactment of the repealing statute. Withdrawal shall not affect the continuing 11
728		-	requirement of the withdrawing state's licensing authority to comply with the investigative and 12
729		-	adverse action reporting requirements of this Compact prior to the effective date of withdrawal. 13
730		-	(g) Upon the enactment of a statute withdrawing from this Compact, a state shall 14
731		-	immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding 15
732		-	any subsequent statutory enactment to the contrary, such withdrawing state shall continue to 16
733		-	recognize all licenses granted pursuant to this Compact for a minimum of 180 days after the date 17
734		-	of such notice of withdrawal. 18
735		-	(h) Nothing contained in this Compact shall be construed to invalidate or prevent any 19
736		-	licensure agreement or other cooperative arrangement between a member state and a nonmember 20
737		-	state that does not conflict with the provisions of this Compact. 21
738		-	(i) This Compact may be amended by the member states. No amendment to this Compact 22
739		-	shall become effective and binding upon any member state until it is enacted into the laws of all 23
740		-	member states. 24
741		-	"§ 90-637.13. Construction and severability. 25
742		-	(a) This Compact and the Commission's rulemaking authority shall be liberally construed 26
743		-	so as to effectuate the purposes, and the implementation and administration of the Compact. 27
744		-	Provisions of the Compact expressly authorizing or requiring the promulgation of rules shall not 28
745		-	be construed to limit the Commission's rulemaking authority solely for those purposes. 29
746		-	(b) The provisions of this Compact shall be severable and if any phrase, clause, sentence, 30
747		-	or provision of this Compact is held by a court of competent jurisdiction to be contrary to the 31
748		-	constitution of any member state, a state seeking participation in the Compact, or of the United 32
749		-	States, or the applicability thereof to any government, agency, person, or circumstance is held to 33
750		-	be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this 34
751		-	Compact and the applicability thereof to any other government, agency, person, or circumstance 35
752		-	shall not be affected thereby. 36
753		-	(c) Notwithstanding subsection (b) of this section, the Commission may deny a state's 37
754		-	participation in the Compact or, in accordance with the requirements of G.S. 90-637.11, 38
755		-	terminate a member state's participation in the Compact, if it determines that a constitutional 39
756		-	requirement of a member state is a material departure from the Compact. Otherwise, if this 40
757		-	Compact shall be held to be contrary to the constitution of any member state, the Compact shall 41
758		-	remain in full force and effect as to the remaining member states and in full force and effect as 42
759		-	to the member state affected as to all severable matters. 43
760		-	"§ 90-637.14. Consistent effect and conflict with other state laws. 44
761		-	Nothing herein shall prevent or inhibit the enforcement of any other law of a member state 45
762		-	that is not inconsistent with the Compact. Any laws, statutes, regulations, or other legal 46
763		-	requirements in a member state in conflict with the Compact are superseded to the extent of the 47
764		-	conflict. All permissible agreements between the Commission and the member states are binding 48
765		-	in accordance with their terms." 49
766		-	SECTION 2. The North Carolina Board of Massage and Bodywork Therapy may 50
767		-	adopt rules necessary to implement the provisions of Section 1 of this act. 51 General Assembly Of North Carolina Session 2025
768		-	Page 16 House Bill 693-First Edition
769		-	SECTION 3. Sections 1 and 2 of this act become effective when at least seven states 1
770		-	have enacted the Interstate Massage Compact set forth in Section 1 of this act. The North Carolina 2
771		-	Board of Massage and Bodywork Therapy shall report to the Revisor of Statutes when the 3
772		-	Compact set forth in Section 1 of this act has been enacted by the seven member states. The 4
773		-	remainder of this act is effective when it becomes law. 5
	46	+	holds a multistate license. 34
	47	+	(9) Create a streamlined pathway for licensees to practice in member states, thus 35
	48	+	increasing the mobility of duly licensed massage therapists. 36
	49	+	H.B. 693
	50	+	Apr 2, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH30305-NN-55
	53	+	(10) Serve the needs of licensed massage therapists and the public receiving their 1
	54	+	services. 2
	55	+	(11) Establish that nothing in this Compact is intended to prevent a state from 3
	56	+	enforcing its own laws regarding the practice of massage therapy. 4
	57	+	"§ 90-637.2. Definitions. 5
	58	+	As used in this Compact, except as otherwise provided and subject to clarification by the 6
	59	+	rules of the Commission, the following definitions apply: 7
	60	+	(1) Active military member. – Any person with full-time duty status in the armed 8
	61	+	forces of the United States, including members of the National Guard and 9
	62	+	Reserve. 10
	63	+	(2) Adverse action. – Any administrative, civil, equitable, or criminal action 11
	64	+	permitted by a member state's laws which is imposed by a licensing authority 12
	65	+	or other regulatory body against a licensee, including actions against an 13
	66	+	individual's authorization to practice such as revocation, suspension, 14
	67	+	probation, surrender in lieu of discipline, monitoring of the licensee, limitation 15
	68	+	of the licensee's practice, or any other encumbrance on licensure affecting an 16
	69	+	individual's ability to practice massage therapy, including the issuance of a 17
	70	+	cease and desist order. 18
	71	+	(3) Alternative program. – A nondisciplinary monitoring or prosecutorial 19
	72	+	diversion program approved by a member state's licensing authority. 20
	73	+	(4) Authorization to practice. – A legal authorization by a remote state pursuant 21
	74	+	to a multistate license permitting the practice of massage therapy in that 22
	75	+	remote state, which shall be subject to the enforcement jurisdiction of the 23
	76	+	licensing authority in that remote state. 24
	77	+	(5) Background check. – The submission of an applicant's criminal history record 25
	78	+	information, as further defined in 28 C.F.R. § 20.3(d), as amended from the 26
	79	+	Federal Bureau of Investigation and the agency responsible for retaining state 27
	80	+	criminal records in the applicant's home state. 28
	81	+	(6) Charter member states. – Member states who have enacted legislation to adopt 29
	82	+	this Compact where such legislation predates the effective date of this 30
	83	+	Compact as defined in G.S. 90-637.12. 31
	84	+	(7) Commission. – The government agency whose membership consists of all 32
	85	+	states that have enacted this Compact, which is known as the Interstate 33
	86	+	Massage Compact Commission, as defined in G.S. 90-637.8, and which shall 34
	87	+	operate as an instrumentality of the member states. 35
	88	+	(8) Continuing competence. – A requirement, as a condition of license renewal, 36
	89	+	to provide evidence of participation in, and completion of, educational or 37
	90	+	professional activities that maintain, improve, or enhance massage therapy 38
	91	+	fitness to practice. 39
	92	+	(9) Current significant investigative information. – Investigative information that 40
	93	+	a licensing authority, after an inquiry or investigation that complies with a 41
	94	+	member state's due process requirements, has reason to believe is not 42
	95	+	groundless and, if proved true, would indicate a violation of that state's laws 43
	96	+	regarding the practice of massage therapy. 44
	97	+	(10) Data system. – A repository of information about licensees who hold 45
	98	+	multistate licenses, which may include, but is not limited to, license status, 46
	99	+	investigative information, and adverse actions. 47
	100	+	(11) Disqualifying event. – Any event which shall disqualify an individual from 48
	101	+	holding a multistate license under this Compact, which the Commission may 49
	102	+	by rule specify. 50 General Assembly Of North Carolina Session 2025
	103	+	DRH30305-NN-55 Page 3
	104	+	(12) Encumbrance. – A revocation or suspension of, or any limitation or condition 1
	105	+	on, the full and unrestricted practice of massage therapy by a licensing 2
	106	+	authority. 3
	107	+	(13) Executive committee. – A group of delegates elected or appointed to act on 4
	108	+	behalf of, and within the powers granted to them by, the Commission. 5
	109	+	(14) Home state. – The member state which is a licensee's primary state of 6
	110	+	residence where the licensee holds an active single-state license. 7
	111	+	(15) Investigative information. – Information, records, or documents received or 8
	112	+	generated by a licensing authority pursuant to an investigation or other 9
	113	+	inquiry. 10
	114	+	(16) Licensee. – An individual who currently holds a license from a member state 11
	115	+	to fully practice massage therapy, whose license is not a student, provisional, 12
	116	+	temporary, inactive, or other similar status. 13
	117	+	(17) Licensing authority. – A state's regulatory body responsible for issuing 14
	118	+	massage therapy licenses or otherwise overseeing the practice of massage 15
	119	+	therapy in that state. 16
	120	+	(18) Massage therapy, massage therapy services, and the practice of massage 17
	121	+	therapy. – The care and services provided by a licensee as set forth in the 18
	122	+	member state's statutes and regulations in the state where the services are 19
	123	+	being provided. 20
	124	+	(19) Member state. – Any state that has adopted this Compact. 21
	125	+	(20) Multistate license. – A license that consists of authorizations to practice 22
	126	+	massage therapy in all remote states pursuant to this Compact, which shall be 23
	127	+	subject to the enforcement jurisdiction of the licensing authority in a licensee's 24
	128	+	home state. 25
	129	+	(21) National licensing examination. – A national examination developed by a 26
	130	+	national association of massage therapy regulatory boards, as defined by 27
	131	+	Commission rule, that is derived from a practice analysis and is consistent 28
	132	+	with generally accepted psychometric principles of fairness, validity, and 29
	133	+	reliability, and is administered under secure and confidential examination 30
	134	+	protocols. 31
	135	+	(22) Remote state. – Any member state, other than the licensee's home state. 32
	136	+	(23) Rule. – Any opinion or regulation promulgated by the Commission under this 33
	137	+	Compact, which shall have the force of law. 34
	138	+	(24) Single-state license. – A current, valid authorization issued by a member 35
	139	+	state's licensing authority allowing an individual to fully practice massage 36
	140	+	therapy, that is not a restricted, student, provisional, temporary, or inactive 37
	141	+	practice authorization and authorizes practice only within the issuing state. 38
	142	+	(25) State. – A state, territory, possession of the United States, or the District of 39
	143	+	Columbia. 40
	144	+	"§ 90-637.3. Member state requirements. 41
	145	+	(a) To be eligible to join this Compact, and to maintain eligibility as a member state, a 42
	146	+	state must do all of the following: 43
	147	+	(1) License and regulate the practice of massage therapy. 44
	148	+	(2) Have a mechanism or entity in place to receive and investigate complaints 45
	149	+	from the public, regulatory or law enforcement agencies, or the Commission 46
	150	+	about licensees practicing in that state. 47
	151	+	(3) Accept passage of a national licensing examination as a criterion for massage 48
	152	+	therapy licensure in that state. 49
	153	+	(4) Require that licensees satisfy educational requirements prior to being licensed 50
	154	+	to provide massage therapy services to the public in that state. 51 General Assembly Of North Carolina Session 2025
	155	+	Page 4 DRH30305-NN-55
	156	+	(5) Implement procedures for requiring the background check of applicants for a 1
	157	+	multistate license, and for the reporting of any disqualifying events, including 2
	158	+	obtaining and submitting, for each licensee holding a multistate license and 3
	159	+	each applicant for a multistate license, fingerprint, or other biometric-based 4
	160	+	information to the Federal Bureau of Investigation for background checks; 5
	161	+	receiving the results of the Federal Bureau of Investigation record search on 6
	162	+	background checks and considering the results of such a background check in 7
	163	+	making licensure decisions. 8
	164	+	(6) Have continuing competence requirements as a condition for license renewal. 9
	165	+	(7) Participate in the data system, including through the use of unique identifying 10
	166	+	numbers as described in this Compact. 11
	167	+	(8) Notify the Commission and other member states, in compliance with the terms 12
	168	+	of the Compact and rules of the Commission, of any disciplinary action taken 13
	169	+	by the state against a licensee practicing under a multistate license in that state, 14
	170	+	or of the existence of investigative information or current significant 15
	171	+	investigative information regarding a licensee practicing in that state pursuant 16
	172	+	to a multistate license. 17
	173	+	(9) Comply with the rules of the Commission. 18
	174	+	(10) Accept licensees with valid multistate licenses from other member states as 19
	175	+	established in this Compact. 20
	176	+	(b) Individuals not residing in a member state shall continue to be able to apply for a 21
	177	+	member state's single-state license as provided under the laws of each member state. However, 22
	178	+	the single-state license granted to those individuals shall not be recognized as granting a 23
	179	+	multistate license for massage therapy in any other member state. 24
	180	+	(c) Nothing in this Compact shall affect the requirements established by a member state 25
	181	+	for the issuance of a single-state license. 26
	182	+	(d) A multistate license issued to a licensee shall be recognized by each remote state as 27
	183	+	an authorization to practice massage therapy in each remote state. 28
	184	+	"§ 90-637.4. Multistate license requirements. 29
	185	+	(a) To qualify for a multistate license under this Compact and to maintain eligibility for 30
	186	+	such a license, an applicant must meet all the following requirements: 31
	187	+	(1) Hold an active single-state license to practice massage therapy in the 32
	188	+	applicant's home state. 33
	189	+	(2) Have completed at least 625 clock hours of massage therapy education or the 34
	190	+	substantial equivalent which the Commission may approve by rule. 35
	191	+	(3) Have passed a national licensing examination or the substantial equivalent 36
	192	+	which the Commission may approve by rule. 37
	193	+	(4) Submit to a background check. 38
	194	+	(5) Have not been convicted or found guilty, or have entered into an agreed 39
	195	+	disposition, of a felony offense under applicable state or federal criminal law, 40
	196	+	within five years prior to the date of their application, where such a time period 41
	197	+	shall not include any time served for the offense, and provided that the 42
	198	+	applicant has completed any and all requirements arising as a result of any 43
	199	+	such offense. 44
	200	+	(6) Have not been convicted or found guilty, or have entered into an agreed 45
	201	+	disposition, of a misdemeanor offense related to the practice of massage 46
	202	+	therapy under applicable state or federal criminal law, within two years prior 47
	203	+	to the date of their application where such a time period shall not include any 48
	204	+	time served for the offense, and provided that the applicant has completed any 49
	205	+	and all requirements arising as a result of any such offense. 50 General Assembly Of North Carolina Session 2025
	206	+	DRH30305-NN-55 Page 5
	207	+	(7) Have not been convicted or found guilty, or have entered into an agreed 1
	208	+	disposition, of any offense, whether a misdemeanor or a felony, under state or 2
	209	+	federal law, at any time, relating to any of the following: 3
	210	+	a. Kidnapping. 4
	211	+	b. Human trafficking. 5
	212	+	c. Human smuggling. 6
	213	+	d. Sexual battery, sexual assault, or any related offenses. 7
	214	+	e. Any other category of offense which the Commission may by rule 8
	215	+	designate. 9
	216	+	(8) Have not previously held a massage therapy license which was revoked by or 10
	217	+	surrendered in lieu of discipline to an applicable licensing authority. 11
	218	+	(9) Have no history of any adverse action on any occupational or professional 12
	219	+	license within two years prior to the date of their application. 13
	220	+	(10) Pay all required fees. 14
	221	+	(b) A multistate license granted pursuant to this Compact may be effective for a definite 15
	222	+	period of time concurrent with the renewal of the home state license. 16
	223	+	(c) A licensee practicing in a member state is subject to all scope of practice laws 17
	224	+	governing massage therapy services in that state. 18
	225	+	(d) The practice of massage therapy under a multistate license granted pursuant to this 19
	226	+	Compact will subject the licensee to the jurisdiction of the licensing authority, the courts, and the 20
	227	+	laws of the member state in which the massage therapy services are provided. 21
	228	+	"§ 90-637.5. Authority of Interstate Massage Compact Commission and member state 22
	229	+	licensing authorities. 23
	230	+	(a) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 24
	231	+	restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, 25
	232	+	or other rules related to the practice of massage therapy in that state, where those laws, 26
	233	+	regulations, or other rules are not inconsistent with the provisions of this Compact. 27
	234	+	(b) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 28
	235	+	restrict, or in any way reduce the ability of a member state to take adverse action against a 29
	236	+	licensee's single-state license to practice massage therapy in that state. 30
	237	+	(c) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 31
	238	+	restrict, or in any way reduce the ability of a remote state to take adverse action against a 32
	239	+	licensee's authorization to practice in that state. 33
	240	+	(d) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 34
	241	+	restrict, or in any way reduce the ability of a licensee's home state to take adverse action against 35
	242	+	a licensee's multistate license based upon information provided by a remote state. 36
	243	+	(e) Insofar as practical, a member state's licensing authority shall cooperate with the 37
	244	+	Commission and with each entity exercising independent regulatory authority over the practice 38
	245	+	of massage therapy according to the provisions of this Compact. 39
	246	+	"§ 90-637.6. Adverse actions. 40
	247	+	(a) A licensee's home state shall have exclusive power to impose an adverse action 41
	248	+	against a licensee's multistate license issued by the home state. 42
	249	+	(b) A home state may take adverse action on a multistate license based on the 43
	250	+	investigative information, current significant investigative information, or adverse action of a 44
	251	+	remote state. 45
	252	+	(c) A home state shall retain authority to complete any pending investigations of a 46
	253	+	licensee practicing under a multistate license who changes their home state during the course of 47
	254	+	such an investigation. The licensing authority shall also be empowered to report the results of 48
	255	+	such an investigation to the Commission through the data system as described in this Compact. 49
	256	+	(d) Any member state may investigate actual or alleged violations of the scope of practice 50
	257	+	laws in any other member state for a massage therapist who holds a multistate license. 51 General Assembly Of North Carolina Session 2025
	258	+	Page 6 DRH30305-NN-55
	259	+	(e) A remote state shall have the authority to do all of the following actions: 1
	260	+	(1) Take adverse actions against a licensee's authorization to practice. 2
	261	+	(2) Issue cease and desist orders or impose an encumbrance on a licensee's 3
	262	+	authorization to practice in that state. 4
	263	+	(3) Issue subpoenas for both hearings and investigations that require the 5
	264	+	attendance and testimony of witnesses, as well as the production of evidence. 6
	265	+	Subpoenas issued by a licensing authority in a member state for the attendance 7
	266	+	and testimony of witnesses or the production of evidence from another 8
	267	+	member state shall be enforced in the latter state by any court of competent 9
	268	+	jurisdiction, according to the practice and procedure of that court applicable 10
	269	+	to subpoenas issued in proceedings before it. The issuing licensing authority 11
	270	+	shall pay any witness fees, travel expenses, mileage, and other fees required 12
	271	+	by the service statutes of the state in which the witnesses or evidence are 13
	272	+	located. 14
	273	+	(4) If otherwise permitted by state law, recover from the affected licensee the 15
	274	+	costs of investigations and disposition of cases resulting from any adverse 16
	275	+	action taken against that licensee. 17
	276	+	(5) Take adverse action against the licensee's authorization to practice in that state 18
	277	+	based on the factual findings of another member state. 19
	278	+	(f) If an adverse action is taken by the home state against a licensee's multistate license 20
	279	+	or single-state license to practice in the home state, the licensee's authorization to practice in all 21
	280	+	other member states shall be deactivated until all encumbrances have been removed from such 22
	281	+	license. All home state disciplinary orders that impose an adverse action against a licensee shall 23
	282	+	include a statement that the massage therapist's authorization to practice is deactivated in all 24
	283	+	member states during the pendency of the order. 25
	284	+	(g) If adverse action is taken by a remote state against a licensee's authorization to 26
	285	+	practice, that adverse action applies to all authorizations to practice in all remote states. A 27
	286	+	licensee whose authorization to practice in a remote state is removed for a specified period of 28
	287	+	time is not eligible to apply for a new multistate license in any other state until the specific time 29
	288	+	for removal of the authorization to practice has passed and all encumbrance requirements are 30
	289	+	satisfied. 31
	290	+	(h) Nothing in this Compact shall override a member state's authority to accept a 32
	291	+	licensee's participation in an alternative program in lieu of adverse action. A licensee's multistate 33
	292	+	license shall be suspended for the duration of the licensee's participation in any alternative 34
	293	+	program. 35
	294	+	(i) Joint Investigations. – 36
	295	+	(1) In addition to the authority granted to a member state by its respective scope 37
	296	+	of practice laws or other applicable state law, a member state may participate 38
	297	+	with other member states in joint investigations of licensees. 39
	298	+	(2) Member states shall share any investigative, litigation, or compliance 40
	299	+	materials in furtherance of any joint or individual investigation initiated under 41
	300	+	the Compact. 42
	301	+	"§ 90-637.7. Active military members and their spouses. 43
	302	+	Active military members, or their spouses, shall designate a home state where the individual 44
	303	+	has a current license to practice massage therapy in good standing. The individual may retain 45
	304	+	their home state designation during any period of service when that individual or their spouse is 46
	305	+	on active duty assignment. 47
	306	+	"§ 90-637.8. Establishment and operation of Interstate Massage Compact Commission. 48
	307	+	(a) Establishment. – The Compact member states hereby create and establish a joint 49
	308	+	government agency whose membership consists of all member states that have enacted the 50
	309	+	Compact known as the Interstate Massage Compact Commission. The Commission is an 51 General Assembly Of North Carolina Session 2025
	310	+	DRH30305-NN-55 Page 7
	311	+	instrumentality of the Compact member states acting jointly and not an instrumentality of any 1
	312	+	one state. The Commission shall come into existence on or after the effective date of the Compact 2
	313	+	as set forth in G.S. 90-637.12. 3
	314	+	(b) Membership, Voting, and Meetings. – Each member state shall have and be limited 4
	315	+	to one delegate selected by that member state's state licensing authority. The delegate shall be 5
	316	+	the primary administrative officer of the state licensing authority or their designee. The 6
	317	+	Commission shall by rule or bylaw establish a term of office for delegates and may by rule or 7
	318	+	bylaw establish term limits. The Commission may recommend removal or suspension of any 8
	319	+	delegate from office. A member state's state licensing authority shall fill any vacancy of its 9
	320	+	delegate occurring on the Commission within 60 days of the vacancy. Each delegate shall be 10
	321	+	entitled to one vote on all matters that are voted on by the Commission. The Commission shall 11
	322	+	meet at least once during each calendar year. Additional meetings may be held as set forth in the 12
	323	+	bylaws. The Commission may meet by telecommunication, video conference, or other similar 13
	324	+	electronic means. 14
	325	+	(c) Powers. – The Commission shall have all of the following powers: 15
	326	+	(1) Establish the fiscal year of the Commission. 16
	327	+	(2) Establish a code of conduct and conflict of interest policies. 17
	328	+	(3) Adopt rules and bylaws. 18
	329	+	(4) Maintain its financial records in accordance with the bylaws. 19
	330	+	(5) Meet and take such actions as are consistent with the provisions of this 20
	331	+	Compact, the Commission's rules, and the bylaws. 21
	332	+	(6) Initiate and conclude legal proceedings or actions in the name of the 22
	333	+	Commission, provided that the standing of any state licensing authority to sue 23
	334	+	or be sued under applicable law shall not be affected. 24
	335	+	(7) Maintain and certify records and information provided to a member state as 25
	336	+	the authenticated business records of the Commission, and designate an agent 26
	337	+	to do so on the Commission's behalf. 27
	338	+	(8) Purchase and maintain insurance and bonds. 28
	339	+	(9) Borrow, accept, or contract for services of personnel, including, but not 29
	340	+	limited to, employees of a member state. 30
	341	+	(10) Conduct an annual financial review. 31
	342	+	(11) Hire employees, elect or appoint officers, fix compensation, define duties, 32
	343	+	grant such individuals appropriate authority to carry out the purposes of the 33
	344	+	Compact, and establish the Commission's personnel policies and programs 34
	345	+	relating to conflicts of interest, qualifications of personnel, and other related 35
	346	+	personnel matters. 36
	347	+	(12) Assess and collect fees. 37
	348	+	(13) Accept any and all appropriate gifts, donations, grants of money, other sources 38
	349	+	of revenue, equipment, supplies, materials, and services, and receive, utilize, 39
	350	+	and dispose of the same; provided that at all times the Commission shall avoid 40
	351	+	any appearance of impropriety or conflict of interest. 41
	352	+	(14) Lease, purchase, retain, own, hold, improve, or use any property, real, 42
	353	+	personal, or mixed, or any undivided interest therein. 43
	354	+	(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 44
	355	+	dispose of any property real, personal, or mixed. 45
	356	+	(16) Establish a budget and make expenditures. 46
	357	+	(17) Borrow money. 47
	358	+	(18) Appoint committees, including standing committees, composed of members, 48
	359	+	state regulators, state legislators or their representatives, and consumer 49
	360	+	representatives, and such other interested persons as may be designated in this 50
	361	+	Compact and the bylaws. 51 General Assembly Of North Carolina Session 2025
	362	+	Page 8 DRH30305-NN-55
	363	+	(19) Accept and transmit complaints from the public, regulatory or law 1
	364	+	enforcement agencies, or the Commission to the relevant member states 2
	365	+	regarding potential misconduct of licensees. 3
	366	+	(20) Elect a chair, vice-chair, secretary, and treasurer and such other officers of the 4
	367	+	Commission as provided in the Commission's bylaws. 5
	368	+	(21) Establish and elect an Executive Committee, including a chair and a 6
	369	+	vice-chair. 7
	370	+	(22) Adopt and provide to the member states an annual report. 8
	371	+	(23) Determine whether a state's adopted language is materially different from the 9
	372	+	model Compact language such that the state would not qualify for 10
	373	+	participation in the Compact. 11
	374	+	(24) Perform such other functions as may be necessary or appropriate to achieve 12
	375	+	the purposes of this Compact. 13
	376	+	(d) Executive Committee; Powers; Duties. – The Executive Committee shall have the 14
	377	+	power to act on behalf of the Commission according to the terms of this Compact. The powers, 15
	378	+	duties, and responsibilities of the Executive Committee shall include all of the following: 16
	379	+	(1) Overseeing the day-to-day activities of the administration of the Compact, 17
	380	+	including compliance with the provisions of the Compact, the Commission's 18
	381	+	rules and bylaws, and other such duties as deemed necessary. 19
	382	+	(2) Recommending to the Commission changes to the rules or bylaws, changes to 20
	383	+	this Compact legislation, fees charged to Compact member states, fees 21
	384	+	charged to licensees, and other fees. 22
	385	+	(3) Ensuring Compact administration services are appropriately provided, 23
	386	+	including by contract. 24
	387	+	(4) Preparing and recommending the budget. 25
	388	+	(5) Maintaining financial records on behalf of the Commission. 26
	389	+	(6) Monitoring Compact compliance of member states and providing compliance 27
	390	+	reports to the Commission. 28
	391	+	(7) Establishing additional committees as necessary. 29
	392	+	(8) Exercise the powers and duties of the Commission during the interim between 30
	393	+	Commission meetings, except for adopting or amending rules, adopting or 31
	394	+	amending bylaws, and exercising any other powers and duties expressly 32
	395	+	reserved to the Commission by rule or bylaw. 33
	396	+	(9) Other duties as provided in the rules or bylaws of the Commission. 34
	397	+	(e) Executive Committee; Membership. – The Executive Committee shall be composed 35
	398	+	of seven voting members and up to two ex officio members as follows: 36
	399	+	(1) The chair and vice-chair of the Commission and any other members of the 37
	400	+	Commission who serve on the Executive Committee shall be voting members 38
	401	+	of the Executive Committee; and 39
	402	+	(2) Other than the chair, vice-chair, secretary and treasurer, the Commission shall 40
	403	+	elect three voting members from the current membership of the Commission. 41
	404	+	(3) The Commission may elect ex officio, nonvoting members as necessary as 42
	405	+	follows: 43
	406	+	a. One ex officio member who is a representative of the national 44
	407	+	association of state massage therapy regulatory boards. 45
	408	+	b. One ex officio member as specified in the Commission's bylaws. 46
	409	+	(f) Commission Power to Remove Executive Committee Members. – The Commission 47
	410	+	may remove any member of the Executive Committee as provided in the Commission's bylaws. 48
	411	+	(g) Executive Committee Meetings. – The Executive Committee shall meet at least 49
	412	+	annually. Executive Committee meetings shall be open to the public, except that the Executive 50
	413	+	Committee may meet in a closed, nonpublic session of a public meeting when dealing with any 51 General Assembly Of North Carolina Session 2025
	414	+	DRH30305-NN-55 Page 9
	415	+	of the matters covered under subsection (k) of this section. The Executive Committee shall give 1
	416	+	five business days advance notice of its public meetings, posted on its website and as determined 2
	417	+	to provide notice to persons with an interest in the public matters the Executive Committee 3
	418	+	intends to address at those meetings. 4
	419	+	(h) Executive Committee Emergency Meetings. – The Executive Committee may hold 5
	420	+	an emergency meeting when acting for the Commission to (i) meet an imminent threat to public 6
	421	+	health, safety, or welfare; (ii) prevent a loss of Commission or participating state funds; or (iii) 7
	422	+	protect public health and safety. 8
	423	+	(i) Annual Report. – The Commission shall adopt and provide to the member states an 9
	424	+	annual report. 10
	425	+	(j) Meetings of the Commission. – All meetings of the Commission that are not closed 11
	426	+	pursuant to this subsection shall be open to the public. Notice of public meetings shall be posted 12
	427	+	on the Commission's website at least 30 days prior to the public meeting. Notwithstanding 13
	428	+	subsection (g) of this section, the Commission may convene an emergency public meeting by 14
	429	+	providing at least 24 hours prior notice on the Commission's website, and any other means as 15
	430	+	provided in the Commission's rules, for any of the reasons it may dispense with notice of 16
	431	+	proposed rulemaking under G.S. 90-637.10(l). The Commission's legal counsel shall certify that 17
	432	+	one of the reasons justifying an emergency public meeting has been met. Notice of all 18
	433	+	Commission meetings shall provide the time, date, and location of the meeting, and if the meeting 19
	434	+	is to be held or accessible via telecommunication, video conference, or other electronic means, 20
	435	+	the notice shall include the mechanism for access to the meeting. 21
	436	+	(k) Nonpublic Commission Meetings. – The Commission may convene in a closed, 22
	437	+	nonpublic meeting for the Commission to discuss any of the following: 23
	438	+	(1) Noncompliance of a member state with its obligations under the Compact. 24
	439	+	(2) The employment, compensation, discipline or other matters, practices or 25
	440	+	procedures related to specific employees or other matters related to the 26
	441	+	Commission's internal personnel practices and procedures. 27
	442	+	(3) Current or threatened discipline of a licensee by the Commission or by a 28
	443	+	member state's licensing authority. 29
	444	+	(4) Current, threatened, or reasonably anticipated litigation. 30
	445	+	(5) Negotiation of contracts for the purchase, lease, or sale of goods, services, or 31
	446	+	real estate. 32
	447	+	(6) Accusing any person of a crime or formally censuring any person. 33
	448	+	(7) Trade secrets or commercial or financial information that is privileged or 34
	449	+	confidential. 35
	450	+	(8) Information of a personal nature where disclosure would constitute a clearly 36
	451	+	unwarranted invasion of personal privacy. 37
	452	+	(9) Investigative records compiled for law enforcement purposes. 38
	453	+	(10) Information related to any investigative reports prepared by or on behalf of or 39
	454	+	for use of the Commission or other committee charged with responsibility of 40
	455	+	investigation or determination of compliance issues pursuant to the Compact. 41
	456	+	(11) Legal advice. 42
	457	+	(12) Matters specifically exempted from disclosure to the public by federal or 43
	458	+	member state law. 44
	459	+	(13) Other matters as promulgated by the Commission by rule. 45
	460	+	If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the 46
	461	+	meeting will be closed and reference each relevant exempting provision, and such reference shall 47
	462	+	be recorded in the minutes. 48
	463	+	(l) Meeting Minutes. – The Commission shall keep minutes that fully and clearly 49
	464	+	describe all matters discussed in a meeting and shall provide a full and accurate summary of 50
	465	+	actions taken, and the reasons therefore, including a description of the views expressed. All 51 General Assembly Of North Carolina Session 2025
	466	+	Page 10 DRH30305-NN-55
	467	+	documents considered in connection with an action shall be identified in such minutes. All 1
	468	+	minutes and documents of a closed meeting shall remain under seal, subject to release only by a 2
	469	+	majority vote of the Commission or order of a court of competent jurisdiction. 3
	470	+	(m) Financing of the Commission. – The Commission shall pay, or provide for the 4
	471	+	payment of, the reasonable expenses of its establishment, organization, and ongoing activities. 5
	472	+	The Commission may accept any and all appropriate sources of revenue, donations, and 6
	473	+	grants of money, equipment, supplies, materials, and services. The Commission may levy on and 7
	474	+	collect an annual assessment from each member state and impose fees on licensees of member 8
	475	+	states to whom it grants a multistate license to cover the cost of the operations and activities of 9
	476	+	the Commission and its staff, which must be in a total amount sufficient to cover its annual budget 10
	477	+	as approved each year for which revenue is not provided by other sources. The aggregate annual 11
	478	+	assessment amount for member states shall be allocated based upon a formula that the 12
	479	+	Commission shall promulgate by rule. The Commission shall not incur obligations of any kind 13
	480	+	prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit 14
	481	+	of any member states, except by and with the authority of the member state. 15
	482	+	The Commission shall keep accurate accounts of all receipts and disbursements. The receipts 16
	483	+	and disbursements of the Commission shall be subject to the financial review and accounting 17
	484	+	procedures established under its bylaws. All receipts and disbursements of funds handled by the 18
	485	+	Commission shall be subject to an annual financial review by a certified or licensed public 19
	486	+	accountant, and the report of the financial review shall be included in and become part of the 20
	487	+	annual report of the Commission. 21
	488	+	(n) Qualified Immunity, Defense, and Indemnification. – The members, officers, 22
	489	+	executive director, employees, and representatives of the Commission shall be immune from suit 23
	490	+	and liability, both personally and in their official capacity, for any claim for damage to or loss of 24
	491	+	property or personal injury or other civil liability caused by or arising out of any actual or alleged 25
	492	+	act, error, or omission that occurred, or that the person against whom the claim is made had a 26
	493	+	reasonable basis for believing occurred within the scope of Commission employment, duties, or 27
	494	+	responsibilities; provided that nothing in this subsection shall be construed to protect any such 28
	495	+	person from suit or liability for any damage, loss, injury, or liability caused by the intentional or 29
	496	+	willful or wanton misconduct of that person. The procurement of insurance of any type by the 30
	497	+	Commission shall not in any way compromise or limit the immunity granted hereunder. 31
	498	+	The Commission shall defend any member, officer, executive director, employee, and 32
	499	+	representative of the Commission in any civil action seeking to impose liability arising out of 33
	500	+	any actual or alleged act, error, or omission that occurred within the scope of Commission 34
	501	+	employment, duties, or responsibilities, or as determined by the Commission that the person 35
	502	+	against whom the claim is made had a reasonable basis for believing occurred within the scope 36
	503	+	of Commission employment, duties, or responsibilities; provided that nothing herein shall be 37
	504	+	construed to prohibit that person from retaining their own counsel at their own expense; and 38
	505	+	provided further, that the actual or alleged act, error, or omission did not result from that person's 39
	506	+	intentional or willful or wanton misconduct. 40
	507	+	The Commission shall indemnify and hold harmless any member, officer, executive director, 41
	508	+	employee, and representative of the Commission for the amount of any settlement or judgment 42
	509	+	obtained against that person arising out of any actual or alleged act, error, or omission that 43
	510	+	occurred within the scope of Commission employment, duties, or responsibilities, or that such 44
	511	+	person had a reasonable basis for believing occurred within the scope of Commission 45
	512	+	employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission 46
	513	+	did not result from the intentional or willful or wanton misconduct of that person. 47
	514	+	Nothing herein shall be construed as a limitation on the liability of any licensee for 48
	515	+	professional malpractice or misconduct, which shall be governed solely by any other applicable 49
	516	+	state laws. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a member 50
	517	+	state's state action immunity or state action affirmative defense with respect to antitrust claims 51 General Assembly Of North Carolina Session 2025
	518	+	DRH30305-NN-55 Page 11
	519	+	under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law 1
	520	+	or regulation. Nothing in this Compact shall be construed to be a waiver of sovereign immunity 2
	521	+	by the member states or by the Commission. 3
	522	+	"§ 90-637.9. Data system. 4
	523	+	(a) The Commission shall provide for the development, maintenance, operation, and 5
	524	+	utilization of a coordinated database and reporting system. 6
	525	+	(b) The Commission shall assign each applicant for a multistate license a unique 7
	526	+	identifier, as determined by the rules of the Commission. 8
	527	+	(c) Notwithstanding any other provision of state law to the contrary, a member state shall 9
	528	+	submit a uniform data set to the data system on all individuals to whom this Compact is applicable 10
	529	+	as required by the rules of the Commission, including all of the following: 11
	530	+	(1) Identifying information. 12
	531	+	(2) Licensure data. 13
	532	+	(3) Adverse actions against a license and information related thereto. 14
	533	+	(4) Nonconfidential information related to alternative program participation, the 15
	534	+	beginning and ending dates of such participation, and other information 16
	535	+	related to such participation. 17
	536	+	(5) Any denial of application for licensure, and the reasons for such denial 18
	537	+	(excluding the reporting of any criminal history record information where 19
	538	+	prohibited by law). 20
	539	+	(6) The existence of investigative information. 21
	540	+	(7) The existence of current significant investigative information. 22
	541	+	(8) Other information that may facilitate the administration of this Compact or the 23
	542	+	protection of the public, as determined by the rules of the Commission. 24
	543	+	(d) The records and information provided to a member state pursuant to this Compact or 25
	544	+	through the data system, when certified by the Commission or an agent thereof, shall constitute 26
	545	+	the authenticated business records of the Commission, and shall be entitled to any associated 27
	546	+	hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a 28
	547	+	member state. 29
	548	+	(e) The existence of current significant investigative information and the existence of 30
	549	+	investigative information pertaining to a licensee in any member state will only be available to 31
	550	+	other member states. 32
	551	+	(f) It is the responsibility of the member states to report any adverse action against a 33
	552	+	licensee who holds a multistate license and to monitor the database to determine whether adverse 34
	553	+	action has been taken against such a licensee or license applicant. Adverse action information 35
	554	+	pertaining to a licensee or license applicant in any member state will be available to any other 36
	555	+	member state. 37
	556	+	(g) Member states contributing information to the data system may designate information 38
	557	+	that may not be shared with the public without the express permission of the contributing state. 39
	558	+	(h) Any information submitted to the data system that is subsequently expunged pursuant 40
	559	+	to federal law or the laws of the member state contributing the information shall be removed from 41
	560	+	the data system. 42
	561	+	"§ 90-637.10. Rulemaking. 43
	562	+	(a) The Commission shall promulgate reasonable rules in order to effectively and 44
	563	+	efficiently implement and administer the purposes and provisions of the Compact. A rule shall 45
	564	+	be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule 46
	565	+	is invalid because the Commission exercised its rulemaking authority in a manner that is beyond 47
	566	+	the scope and purposes of the Compact, or the powers granted hereunder, or based upon another 48
	567	+	applicable standard of review. 49
	568	+	(b) The rules of the Commission shall have the force of law in each member state, 50
	569	+	provided however that where the rules of the Commission conflict with the laws of the member 51 General Assembly Of North Carolina Session 2025
	570	+	Page 12 DRH30305-NN-55
	571	+	state that establish the member state's scope of practice as held by a court of competent 1
	572	+	jurisdiction, the rules of the Commission shall be ineffective in that state to the extent of the 2
	573	+	conflict. 3
	574	+	(c) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth 4
	575	+	in this Article and the rules adopted thereunder. Rules shall become binding as of the date 5
	576	+	specified by the Commission for each rule. 6
	577	+	(d) If a majority of the legislatures of the member states rejects a rule or portion of a rule, 7
	578	+	by enactment of a statute or resolution in the same manner used to adopt the Compact within four 8
	579	+	years of the date of adoption of the rule, then such rule shall have no further force and effect in 9
	580	+	any member state or to any state applying to participate in the Compact. 10
	581	+	(e) Rules shall be adopted at a regular or special meeting of the Commission. 11
	582	+	(f) Prior to adoption of a proposed rule, the Commission shall hold a public hearing and 12
	583	+	allow persons to provide oral and written comments, data, facts, opinions, and arguments. 13
	584	+	(g) Prior to adoption of a proposed rule by the Commission, and at least 30 days in 14
	585	+	advance of the meeting at which the Commission will hold a public hearing on the proposed rule, 15
	586	+	the Commission shall provide a notice of proposed rulemaking (i) on the website of the 16
	587	+	Commission or other publicly accessible platform, (ii) to persons who have requested notice of 17
	588	+	the Commission's notices of proposed rulemaking, and (iii) in such other ways as the Commission 18
	589	+	may by rule specify. 19
	590	+	(h) The notice of proposed rulemaking shall include all of the following: 20
	591	+	(1) The time, date, and location of the public hearing at which the Commission 21
	592	+	will hear public comments on the proposed rule and, if different, the time, 22
	593	+	date, and location of the meeting where the Commission will consider and 23
	594	+	vote on the proposed rule. 24
	595	+	(2) If the hearing is held via telecommunication, video conference, or other 25
	596	+	electronic means, the Commission shall include the mechanism for access to 26
	597	+	the hearing in the notice of proposed rulemaking. 27
	598	+	(3) The text of the proposed rule and the reason therefor. 28
	599	+	(4) A request for comments on the proposed rule from any interested person. 29
	600	+	(5) The manner in which interested persons may submit written comments. 30
	601	+	(i) All hearings will be recorded. A copy of the recording and all written comments and 31
	602	+	documents received by the Commission in response to the proposed rule shall be available to the 32
	603	+	public. 33
	604	+	(j) Nothing in this Article shall be construed as requiring a separate hearing on each rule. 34
	605	+	Rules may be grouped for the convenience of the Commission at hearings required by this 35
	606	+	Article. 36
	607	+	(k) The Commission shall, by majority vote of all Commissioners, take final action on 37
	608	+	the proposed rule based on the rulemaking record. 38
	609	+	(1) The Commission may adopt changes to the proposed rule provided the 39
	610	+	changes do not enlarge the original purpose of the proposed rule. 40
	611	+	(2) The Commission shall provide an explanation of the reasons for substantive 41
	612	+	changes made to the proposed rule as well as reasons for substantive changes 42
	613	+	not made that were recommended by commenters. 43
	614	+	(3) The Commission shall determine a reasonable effective date for the rule. 44
	615	+	Except for an emergency as provided in subsection (l) of this section, the 45
	616	+	effective date of the rule shall be no sooner than 30 days after the Commission 46
	617	+	issuing the notice that it adopted or amended the rule. 47
	618	+	(l) Upon determination that an emergency exists, the Commission may consider and 48
	619	+	adopt an emergency rule with 24 hours notice, provided that the usual rulemaking procedures 49
	620	+	provided in the Compact and in this Article shall be retroactively applied to the rule as soon as 50
	621	+	reasonably possible, in no event later than 90 days after the effective date of the rule. For the 51 General Assembly Of North Carolina Session 2025
	622	+	DRH30305-NN-55 Page 13
	623	+	purposes of this provision, an emergency rule is one that must be adopted immediately to (i) meet 1
	624	+	an imminent threat to public health, safety, or welfare, (ii) prevent a loss of Commission or 2
	625	+	member state funds, (iii) meet a deadline for the promulgation of a rule that is established by 3
	626	+	federal law or rule, or (iv) protect public health and safety. 4
	627	+	(m) The Commission or an authorized committee of the Commission may direct revisions 5
	628	+	to a previously adopted rule for purposes of correcting typographical errors, errors in format, 6
	629	+	errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the 7
	630	+	website of the Commission. The revision shall be subject to challenge by any person for a period 8
	631	+	of 30 days after posting. The revision may be challenged only on grounds that the revision results 9
	632	+	in a material change to a rule. A challenge shall be made in writing and delivered to the 10
	633	+	Commission prior to the end of the notice period. If no challenge is made, the revision will take 11
	634	+	effect without further action. If the revision is challenged, the revision may not take effect without 12
	635	+	the approval of the Commission. 13
	636	+	(n) No member state's rulemaking requirements shall apply under this Compact. 14
	637	+	"§ 90-637.11. Oversight, dispute resolution, and enforcement. 15
	638	+	(a) The executive and judicial branches of state government in each member state shall 16
	639	+	enforce this Compact and take all actions necessary and appropriate to implement the Compact. 17
	640	+	(b) Venue is proper and judicial proceedings by or against the Commission shall be 18
	641	+	brought solely and exclusively in a court of competent jurisdiction where the principal office of 19
	642	+	the Commission is located. The Commission may waive venue and jurisdictional defenses to the 20
	643	+	extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing 21
	644	+	herein shall affect or limit the selection or propriety of venue in any action against a licensee for 22
	645	+	professional malpractice, misconduct, or any such similar matter. 23
	646	+	(c) The Commission shall be entitled to receive service of process in any proceeding 24
	647	+	regarding the enforcement or interpretation of the Compact and shall have standing to intervene 25
	648	+	in such a proceeding for all purposes. Failure to provide the Commission service of process shall 26
	649	+	render a judgment or order void as to the Commission, this Compact, or promulgated rules. 27
	650	+	(d) If the Commission determines that a member state has defaulted in the performance 28
	651	+	of its obligations or responsibilities under this Compact or the promulgated rules, the 29
	652	+	Commission shall provide written notice to the defaulting state. The notice of default shall 30
	653	+	describe the default, the proposed means of curing the default, and any other action that the 31
	654	+	Commission may take and shall offer training and specific technical assistance regarding the 32
	655	+	default. The Commission shall provide a copy of the notice of default to the other member states. 33
	656	+	(e) If a state in default fails to cure the default, the defaulting state may be terminated 34
	657	+	from the Compact upon an affirmative vote of a majority of the delegates of the member states, 35
	658	+	and all rights, privileges, and benefits conferred on that state by this Compact may be terminated 36
	659	+	on the effective date of termination. A cure of the default does not relieve the offending state of 37
	660	+	obligations or liabilities incurred during the period of default. 38
	661	+	(f) Termination of membership in the Compact shall be imposed only after all other 39
	662	+	means of securing compliance have been exhausted. Notice of intent to suspend or terminate 40
	663	+	shall be given by the Commission to the governor, the majority and minority leaders of the 41
	664	+	defaulting state's legislature, the defaulting state's state licensing authority, and each of the 42
	665	+	member states' state licensing authority. 43
	666	+	(g) A state that has been terminated is responsible for all assessments, obligations, and 44
	667	+	liabilities incurred through the effective date of termination, including obligations that extend 45
	668	+	beyond the effective date of termination. 46
	669	+	(h) Upon the termination of a state's membership from this Compact, that state shall 47
	670	+	immediately provide notice to all licensees who hold a multistate license within that state of such 48
	671	+	termination. The terminated state shall continue to recognize all licenses granted pursuant to this 49
	672	+	Compact for a minimum of 180 days after the date of said notice of termination. 50 General Assembly Of North Carolina Session 2025
	673	+	Page 14 DRH30305-NN-55
	674	+	(i) The Commission shall not bear any costs related to a state that is found to be in default 1
	675	+	or that has been terminated from the Compact, unless agreed upon in writing between the 2
	676	+	Commission and the defaulting state. 3
	677	+	(j) The defaulting state may appeal the action of the Commission by petitioning the U.S. 4
	678	+	District Court for the District of Columbia or the federal district where the Commission has its 5
	679	+	principal offices. The prevailing party shall be awarded all costs of such litigation, including 6
	680	+	reasonable attorneys' fees. 7
	681	+	(k) Upon request by a member state, the Commission shall attempt to resolve disputes 8
	682	+	related to the Compact that arise among member states and between member and nonmember 9
	683	+	states. The Commission shall promulgate a rule providing for both mediation and binding dispute 10
	684	+	resolution for disputes as appropriate. 11
	685	+	(l) The Commission, in the reasonable exercise of its discretion, shall enforce the 12
	686	+	provisions of this Compact and the Commission's rules. 13
	687	+	(m) By majority vote as provided by Commission rule, the Commission may initiate legal 14
	688	+	action against a member state in default in the United States District Court for the District of 15
	689	+	Columbia or the federal district where the Commission has its principal offices to enforce 16
	690	+	compliance with the provisions of the Compact and its promulgated rules. The relief sought may 17
	691	+	include both injunctive relief and damages. In the event judicial enforcement is necessary, the 18
	692	+	prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees. 19
	693	+	The remedies herein shall not be the exclusive remedies of the Commission. The Commission 20
	694	+	may pursue any other remedies available under federal or the defaulting member state's law. 21
	695	+	(n) A member state may initiate legal action against the Commission in the U.S. District 22
	696	+	Court for the District of Columbia or the federal district where the Commission has its principal 23
	697	+	offices to enforce compliance with the provisions of the Compact and its promulgated rules. The 24
	698	+	relief sought may include both injunctive relief and damages. In the event judicial enforcement 25
	699	+	is necessary, the prevailing party shall be awarded all costs of such litigation, including 26
	700	+	reasonable attorneys' fees. 27
	701	+	(o) No individual or entity other than a member state may enforce this Compact against 28
	702	+	the Commission. 29
	703	+	"§ 90-637.12. Effective date, withdrawal, and amendment. 30
	704	+	(a) The Compact shall come into effect on the date on which the Compact statute is 31
	705	+	enacted into law in the seventh member state. On or after the effective date of the Compact, the 32
	706	+	Commission shall convene and review the enactment of each of the charter member states to 33
	707	+	determine if the statute enacted by each such charter member state is materially different than the 34
	708	+	model Compact statute. 35
	709	+	(b) A charter member state whose enactment is found to be materially different from the 36
	710	+	model Compact statute shall be entitled to the default process set forth in G.S. 90-637.11. If any 37
	711	+	member state is later found to be in default, or is terminated or withdraws from the Compact, the 38
	712	+	Commission shall remain in existence and the Compact shall remain in effect even if the number 39
	713	+	of member states should be less than seven. 40
	714	+	(c) Member states enacting the Compact subsequent to the charter member states shall 41
	715	+	be subject to the process set forth in G.S. 90-637.8(c)(23) to determine if their enactments are 42
	716	+	materially different from the model Compact statute and whether they qualify for participation 43
	717	+	in the Compact. 44
	718	+	(d) All actions taken for the benefit of the Commission or in furtherance of the purposes 45
	719	+	of the administration of the Compact prior to the effective date of the Compact or the Commission 46
	720	+	coming into existence shall be considered to be actions of the Commission unless specifically 47
	721	+	repudiated by the Commission. 48
	722	+	(e) Any state that joins the Compact shall be subject to the Commission's rules and 49
	723	+	bylaws as they exist on the date on which the Compact becomes law in that state. Any rule that 50 General Assembly Of North Carolina Session 2025
	724	+	DRH30305-NN-55 Page 15
	725	+	has been previously adopted by the Commission shall have the full force and effect of law on the 1
	726	+	day the Compact becomes law in that state. 2
	727	+	(f) Any member state may withdraw from this Compact by enacting a statute repealing 3
	728	+	that state's enactment of the Compact. A member state's withdrawal shall not take effect until 4
	729	+	180 days after enactment of the repealing statute. Withdrawal shall not affect the continuing 5
	730	+	requirement of the withdrawing state's licensing authority to comply with the investigative and 6
	731	+	adverse action reporting requirements of this Compact prior to the effective date of withdrawal. 7
	732	+	(g) Upon the enactment of a statute withdrawing from this Compact, a state shall 8
	733	+	immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding 9
	734	+	any subsequent statutory enactment to the contrary, such withdrawing state shall continue to 10
	735	+	recognize all licenses granted pursuant to this Compact for a minimum of 180 days after the date 11
	736	+	of such notice of withdrawal. 12
	737	+	(h) Nothing contained in this Compact shall be construed to invalidate or prevent any 13
	738	+	licensure agreement or other cooperative arrangement between a member state and a nonmember 14
	739	+	state that does not conflict with the provisions of this Compact. 15
	740	+	(i) This Compact may be amended by the member states. No amendment to this Compact 16
	741	+	shall become effective and binding upon any member state until it is enacted into the laws of all 17
	742	+	member states. 18
	743	+	"§ 90-637.13. Construction and severability. 19
	744	+	(a) This Compact and the Commission's rulemaking authority shall be liberally construed 20
	745	+	so as to effectuate the purposes, and the implementation and administration of the Compact. 21
	746	+	Provisions of the Compact expressly authorizing or requiring the promulgation of rules shall not 22
	747	+	be construed to limit the Commission's rulemaking authority solely for those purposes. 23
	748	+	(b) The provisions of this Compact shall be severable and if any phrase, clause, sentence, 24
	749	+	or provision of this Compact is held by a court of competent jurisdiction to be contrary to the 25
	750	+	constitution of any member state, a state seeking participation in the Compact, or of the United 26
	751	+	States, or the applicability thereof to any government, agency, person, or circumstance is held to 27
	752	+	be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this 28
	753	+	Compact and the applicability thereof to any other government, agency, person, or circumstance 29
	754	+	shall not be affected thereby. 30
	755	+	(c) Notwithstanding subsection (b) of this section, the Commission may deny a state's 31
	756	+	participation in the Compact or, in accordance with the requirements of G.S. 90-637.11, 32
	757	+	terminate a member state's participation in the Compact, if it determines that a constitutional 33
	758	+	requirement of a member state is a material departure from the Compact. Otherwise, if this 34
	759	+	Compact shall be held to be contrary to the constitution of any member state, the Compact shall 35
	760	+	remain in full force and effect as to the remaining member states and in full force and effect as 36
	761	+	to the member state affected as to all severable matters. 37
	762	+	"§ 90-637.14. Consistent effect and conflict with other state laws. 38
	763	+	Nothing herein shall prevent or inhibit the enforcement of any other law of a member state 39
	764	+	that is not inconsistent with the Compact. Any laws, statutes, regulations, or other legal 40
	765	+	requirements in a member state in conflict with the Compact are superseded to the extent of the 41
	766	+	conflict. All permissible agreements between the Commission and the member states are binding 42
	767	+	in accordance with their terms." 43
	768	+	SECTION 2. The North Carolina Board of Massage and Bodywork Therapy may 44
	769	+	adopt rules necessary to implement the provisions of Section 1 of this act. 45
	770	+	SECTION 3. Sections 1 and 2 of this act become effective when at least seven states 46
	771	+	have enacted the Interstate Massage Compact set forth in Section 1 of this act. The North Carolina 47
	772	+	Board of Massage and Bodywork Therapy shall report to the Revisor of Statutes when the 48
	773	+	Compact set forth in Section 1 of this act has been enacted by the seven member states. The 49
	774	+	remainder of this act is effective when it becomes law. 50