As Introduced
136th General Assembly
Regular Session S. B. No. 149
2025-2026
Senator Roegner
A B I L L
To enact sections 4761.20 and 4761.21 of the
Revised Code to enter into the Respiratory Care
Interstate Compact.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4761.20 and 4761.21 of the
Revised Code be enacted to read as follows:
Sec. 4761.20. The "Respiratory Care Interstate Compact" is
hereby ratified, enacted into law, and entered into by the state
of Ohio as a party to the compact with any other state that has
legally joined the compact as follows:
RESPIRATORY CARE INTERSTATE COMPACT
SECTION 1. TITLE AND PURPOSE
A. The purpose of this Compact is to facilitate the
interstate Practice of Respiratory Therapy with the goal of
improving public access to Respiratory Therapy services by
providing Respiratory Therapists licensed in a Member State the
ability to practice in other Member States. The Compact
preserves the regulatory authority of states to protect public
health and safety through the current system of State licensure.
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B. This Compact is designed to achieve the following
objectives:
1. Increase public access to Respiratory Therapy services
by creating a responsible, streamlined pathway for Licensees to
practice in Member States with the goal of improving outcomes
for patients;
2. Enhance States' ability to protect the public's health
and safety;
3. Promote the cooperation of Member States in regulating
the Practice of Respiratory Therapy within those Member States;
4. Ease administrative burdens on States by encouraging
the cooperation of Member States in regulating multi-state
Respiratory Therapy practice;
5. Support relocating Active Military Members and their
spouses; and
6. Promote mobility and address workforce shortages.
SECTION 2. DEFINITIONS
As used in this Compact, unless the context requires
otherwise, the following definitions shall apply:
A. "Active Military Member" means any person with a full-
time duty status in the armed forces of the United States,
including members of the National Guard and Reserve.
B. "Adverse Action" means any administrative, civil,
equitable, or criminal action permitted by a State's laws which
is imposed by any State authority with regulatory authority over
Respiratory Therapists, such as license denial, censure,
revocation, suspension, probation, monitoring of the Licensee,
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or restriction on the Licensee's practice, not including
participation in an Alternative Program.
C. "Alternative Program" means a non-disciplinary
monitoring or practice remediation process applicable to a
Respiratory Therapist approved by any State authority with
regulatory authority over Respiratory Therapists. This includes,
but is not limited to, programs to which Licensees with
substance abuse or addiction issues are referred in lieu of
Adverse Action.
D. "Charter Member States" means those Member States who
were the first seven states to enact the Compact into the laws
of their State.
E. "Commission" or "Respiratory Care Interstate Compact
Commission" means the government instrumentality and body
politic whose membership consists of all Member States that have
enacted the Compact.
F. "Commissioner" means the individual appointed by a
Member State to serve as the member of the Commission for that
Member State.
G. "Compact" means the Respiratory Care Interstate
Compact.
H. "Compact Privilege" means the authorization granted by
a Remote State to allow a Licensee from another Member State to
practice as a Respiratory Therapist in the Remote State under
the Remote State's laws and Rules. The Practice of Respiratory
Therapy occurs in the Member State where the patient is located
at the time of the patient encounter.
I. "Criminal Background Check" means the submission by the
Member State of fingerprints or other biometric-based
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information on license applicants at the time of initial
licensing for the purpose of obtaining that applicant's criminal
history record information, as defined in 28 C.F.R. § 20.3(d) or
successor provision, from the Federal Bureau of Investigation
and the State's criminal history record repository, as defined
in 28 C.F.R. § 20.3(f) or successor provision.
J. "Data System" means the Commission's repository of
information about Licensees as further set forth in Section 8.
K. "Domicile" means the jurisdiction which is the
Licensee's principal home for legal purposes.
L. "Encumbered License" means a license that a State's
Respiratory Therapy Licensing Authority has limited in any way.
M. "Executive Committee" means a group of directors
elected or appointed to act on behalf of, and within the powers
granted to them by the Commission.
N. "Home State" except as set forth in Section 5, means
the Member State that is the Licensee's primary Domicile.
O. "Home State License" means an active license to
practice Respiratory Therapy in a Home State that is not an
Encumbered License.
P. "Jurisprudence Requirement" means an assessment of an
individual's knowledge of the State laws and regulations
governing the Practice of Respiratory Therapy in such State.
Q. "Licensee" means an individual who currently holds an
authorization from the State to practice as a Respiratory
Therapist.
R. "Member State" means a State that has enacted the
Compact and been admitted to the Commission in accordance with
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the provisions herein and Commission Rules.
S. "Model Compact" means the model for the Respiratory
Care Interstate Compact on file with The Council of State
Governments or other entity as designated by the Commission.
T. "Remote State" means a Member State where a Licensee is
exercising or seeking to exercise the Compact Privilege.
U. "Respiratory Therapist" or "Respiratory Care
Practitioner" means an individual who holds a credential issued
by the National Board for Respiratory Care (or its successor)
and holds a license in a State to practice Respiratory Therapy.
For purposes of this Compact, any other title or status adopted
by a State to replace the term "Respiratory Therapist" or
"Respiratory Care Practitioner" shall be deemed synonymous with
"Respiratory Therapist" and shall confer the same rights and
responsibilities to the Licensee under the provisions of this
Compact at the time of its enactment.
V. "Respiratory Therapy," "Respiratory Therapy Practice,"
"Respiratory Care," "the Practice of Respiratory Care," and "the
Practice of Respiratory Therapy" means the care and services
provided by or under the direction and supervision of a
Respiratory Therapist or Respiratory Care Practitioner as
defined by state law and regulations.
W. "Respiratory Therapy Licensing Authority" means the
agency, board, or other body of a State that is responsible for
licensing and regulation of Respiratory Therapists.
X. "Rule" means a regulation promulgated by an entity that
has the force and effect of law.
Y. "Scope of Practice" means the procedures, actions, and
processes a Respiratory Therapist licensed in a State or
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practicing under a Compact Privilege in a State is permitted to
undertake in that State and the circumstances under which the
Respiratory Therapist is permitted to undertake those
procedures, actions, and processes. Such procedures, actions,
and processes, and the circumstances under which they may be
undertaken may be established through means, including, but not
limited to, statute, regulations, case law, and other processes
available to the State Respiratory Therapy Licensing Authority
or other government agency.
Z. "Significant Investigative Information" means
information, records, and documents received or generated by a
State Respiratory Therapy Licensing Authority pursuant to an
investigation for which a determination has been made that there
is probable cause to believe that the Licensee has violated a
statute or regulation that is considered more than a minor
infraction for which the State Respiratory Therapy Licensing
Authority could pursue Adverse Action against the Licensee.
AA. "State" means any state, commonwealth, district, or
territory of the United States.
SECTION 3. STATE PARTICIPATION IN THIS COMPACT
A. In order to participate in this Compact and thereafter
continue as a Member State, a Member State shall:
1. Enact a Compact that is not materially different from
the Model Compact;
2. License Respiratory Therapists;
3. Participate in the Commission's Data System;
4. Have a mechanism in place for receiving and
investigating complaints against Licensees and Compact Privilege
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holders;
5. Notify the Commission, in compliance with the terms of
this Compact and Commission Rules, of any Adverse Action against
a Licensee, a Compact Privilege holder, or a license applicant;
6. Notify the Commission, in compliance with the terms of
this Compact and Commission Rules, of the existence of
Significant Investigative Information;
7. Comply with the Rules of the Commission;
8. Grant the Compact Privilege to a holder of an active
Home State License and otherwise meet the applicable
requirements of Section 4 in a Member State; and
9. Complete a Criminal Background Check for each new
Licensee at the time of initial licensure.
a. Where expressly authorized or permitted by federal law,
whether such federal law is in effect prior to, at, or after the
time of a Member State's enactment of this Compact, a Member
State's enactment of this Compact shall hereby authorize the
Member State's Respiratory Therapy Licensing Authority to
perform Criminal Background Checks as defined herein. The
absence of such a federal law as described in this subsection
shall not prevent or preclude such authorization where it may be
derived or granted through means other than the enactment of
this Compact.
B. Nothing in this Compact prohibits a Member State from
charging a fee for granting and renewing the Compact Privilege.
SECTION 4. COMPACT PRIVILEGE
A. To exercise the Compact Privilege under the terms and
provisions of the Compact, the Licensee shall:
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1. Hold and maintain an active Home State License as a
Respiratory Therapist;
2. Hold and maintain an active credential from the
National Board for Respiratory Care (or its successor) that
would qualify them for licensure in the Remote State in which
they are seeking the privilege;
3. Have not had any Adverse Action against a license
within the previous two (2) years;
4. Notify the Commission that the Licensee is seeking the
Compact Privilege within a Remote State(s);
5. Pay any applicable fees, including any State and
Commission fees and renewal fees, for the Compact Privilege;
6. Meet any Jurisprudence Requirements established by the
Remote State in which the Licensee is seeking a Compact
Privilege;
7. Report to the Commission Adverse Action taken by any
non-Member State within thirty (30) days from the date the
Adverse Action is taken;
8. Report to the Commission, when applying for a Compact
Privilege, the address of the Licensee's Domicile and thereafter
promptly report to the Commission any change in the address of
the Licensee's Domicile within thirty (30) days of the effective
date of the change in address; and
9. Consent to accept service of process by mail at the
Licensee's Domicile on record with the Commission with respect
to any action brought against the Licensee by the Commission or
a Member State, and consent to accept service of a subpoena by
mail at the Licensee's Domicile on record with the Commission
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with respect to any action brought or investigation conducted by
the Commission or a Member State.
B. The Compact Privilege is valid until the expiration
date or revocation of the Home State License unless terminated
pursuant to Adverse Action. The Licensee must comply with all of
the requirements of Subsection A, above, to maintain the Compact
Privilege in a Remote State. If those requirements are met, no
Adverse Actions are taken, and the Licensee has paid any
applicable Compact Privilege renewal fees, then the Licensee
will maintain the Licensee's Compact Privilege.
C. A Licensee providing Respiratory Therapy in a Remote
State under the Compact Privilege shall function within the
Scope of Practice authorized by the Remote State for the type of
Respiratory Therapist license the Licensee holds. Such
procedures, actions, processes, and the circumstances under
which they may be undertaken may be established through means,
including, but not limited to, statute, regulations, case law,
and other processes available to the State Respiratory Therapy
Licensing Authority or other government agency.
D. If a Licensee's Compact Privilege in a Remote State is
removed by the Remote State, the individual shall lose or be
ineligible for the Compact privilege in that Remote State until
the Compact Privilege is no longer limited or restricted by that
State.
E. If a Home State License is encumbered, the Licensee
shall lose the Compact Privilege in all Remote States until the
following occur:
1. The Home State License is no longer encumbered; and
2. Two (2) years have elapsed from the date on which the
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license is no longer encumbered due to the Adverse Action.
F. Once a Licensee with a restricted or limited license
meets the requirements of Subsection E.1 and 2, the Licensee
must also meet the requirements of Subsection A to obtain a
Compact Privilege in a Remote State.
SECTION 5. ACTIVE MILITARY MEMBER OR THEIR SPOUSE
A. An Active Military Member, or their spouse, shall
designate a Home State where the individual has a current
license in good standing. The individual may retain the Home
State designation during the period the service member is on
active duty.
B. An Active Military Member and their spouse shall not be
required to pay to the Commission for a Compact Privilege any
fee that may otherwise be charged by the Commission. If a Remote
State chooses to charge a fee for a Compact Privilege, it may
choose to charge a reduced fee or no fee to an Active Military
Member and their spouse for a Compact Privilege.
SECTION 6. ADVERSE ACTIONS
A. A Member State in which a Licensee is licensed shall
have authority to impose Adverse Action against the license
issued by that Member State.
B. A Member State may take Adverse Action based on
Significant Investigative Information of a Remote State or the
Home State, so long as the Member State follows its own
procedures for imposing Adverse Action.
C. Nothing in this Compact shall override a Member State's
decision that participation in an Alternative Program may be
used in lieu of Adverse Action and that such participation shall
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remain non-public if required by the Member State's laws.
D. A Remote State shall have the authority to:
1. Take Adverse Actions as set forth herein against a
Licensee's Compact Privilege in that State;
2. Issue subpoenas for both hearings and investigations
that require the attendance and testimony of witnesses, and the
production of evidence.
a. Subpoenas may be issued by a Respiratory Therapy
Licensing Authority in a Member State for the attendance and
testimony of witnesses and the production of evidence.
b. Subpoenas issued by a Respiratory Therapy Licensing
Authority in a Member State for the attendance and testimony of
witnesses shall be enforced in the latter State by any court of
competent jurisdiction in the latter State, according to the
practice and procedure of that court applicable to subpoenas
issued in proceedings pending before it.
c. Subpoenas issued by a Respiratory Therapy Licensing
Authority in a Member State for production of evidence from
another Member State shall be enforced in the latter State,
according to the practice and procedure of that court applicable
to subpoenas issued in the proceedings pending before it.
d. The issuing authority shall pay any witness fees,
travel expenses, mileage, and other fees required by the service
statutes of the State where the witnesses or evidence are
located;
3. Unless otherwise prohibited by State law, recover from
the Licensee the costs of investigations and disposition of
cases resulting from any Adverse Action taken against that
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Licensee;
4. Notwithstanding subsection D.2., a Member State may not
issue a subpoena to gather evidence of conduct in another Member
State that is lawful in such other Member State for the purpose
of taking Adverse Action against a Licensee's Compact Privilege
or application for a Compact Privilege in that Member State; and
5. Nothing in this Compact authorizes a Member State to
impose discipline against a Respiratory Therapist's Compact
Privilege in that Member State for the individual's otherwise
lawful practice in another State.
E. Joint Investigations
1. In addition to the authority granted to a Member State
by its respective Respiratory Therapy Practice act or other
applicable state law, a Member State may participate with other
Member States in joint investigations of Licensees, provided,
however, that a Member State receiving such a request has no
obligation to respond to any subpoena issued regarding an
investigation of conduct or practice that was lawful in a Member
State at the time it was undertaken.
2. Member States shall share any Significant Investigative
Information, litigation, or compliance materials in furtherance
of any joint or individual investigation initiated under the
Compact. In sharing such information between Member State
Respiratory Therapy Licensing Authorities, all information
obtained shall be kept confidential, except as otherwise
mutually agreed upon by the sharing and receiving Member
State(s).
F. Nothing in this Compact may permit a Member State to
take any Adverse Action against a Licensee or holder of a
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Compact Privilege for conduct or practice that was legal in the
Member State at the time it was undertaken.
G. Nothing in this Compact may permit a Member State to
take disciplinary action against a Licensee or holder of a
Compact Privilege for conduct or practice that was legal in the
Member State at the time it was undertaken.
SECTION 7. ESTABLISHMENT OF THE RESPIRATORY CARE
INTERSTATE COMPACT COMMISSION
A. The Compact Member States hereby create and establish a
joint government agency whose membership consists of all Member
States that have enacted the Compact known as the Respiratory
Care Interstate Compact Commission. The Commission is an
instrumentality of the Compact Member States acting jointly and
not an instrumentality of any one State. The Commission shall
come into existence on or after the effective date of the
Compact, as set forth in Section 11.
B. Membership, Voting, and Meetings
1. Each Member State shall have and be limited to one (1)
Commissioner selected by that Member State's Respiratory Therapy
Licensing Authority.
2. The Commissioner shall be an administrator or their
designated staff member of the Member State's Respiratory
Therapy Licensing Authority.
3. The Commission shall by Rule or bylaw establish a term
of office for Commissioners and may by Rule or bylaw establish
term limits.
4. The Commission may recommend to a Member State the
removal or suspension any Commissioner from office.
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5. A Member State's Respiratory Therapy Licensing
Authority shall fill any vacancy of its Commissioner occurring
on the Commission within sixty (60) days of the vacancy.
6. Each Commissioner shall be entitled to one vote on all
matters before the Commission requiring a vote by Commissioners.
7. A Commissioner shall vote in person or by such other
means as provided in the bylaws. The bylaws may provide for
Commissioners to meet by telecommunication, video conference, or
other means of communication.
8. The Commission shall meet at least once during each
calendar year. Additional meetings may be held as set forth in
the bylaws.
C. The Commission shall have the following powers:
1. Establish and amend the fiscal year of the Commission;
2. Establish and amend bylaws and policies, including but
not limited to, a code of conduct and conflict of interest;
3. Establish and amend Rules, which shall be binding in
all Member States;
4. Maintain its financial records in accordance with the
bylaws;
5. Meet and take such actions as are consistent with the
provisions of this Compact, the Commission's Rules, and the
bylaws;
6. Initiate and conduct legal proceedings or actions in
the name of the Commission, provided that the standing of any
Respiratory Therapy Licensing Authority to sue or be sued under
applicable law shall not be affected;
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7. Maintain and certify records and information provided
to a Member State as the authenticated business records of the
Commission, and designate an agent to do so on the Commission's
behalf;
8. Purchase and maintain insurance and bonds;
9. Accept or contract for services of personnel,
including, but not limited to, employees of a Member State;
10. Conduct an annual financial review;
11. Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of the Compact, and
establish the Commission's personnel policies and programs
relating to conflicts of interest, qualifications of personnel,
and other related personnel matters;
12. Assess and collect fees;
13. Accept any and all appropriate gifts, donations,
grants of money, other sources of revenue, equipment, supplies,
materials, and services, and receive, utilize, and dispose of
the same, provided that at all times:
a. The Commission shall avoid any appearance of
impropriety; and
b. The Commission shall avoid any appearance of conflict
of interest;
14. Lease, purchase, retain, own, hold, improve, or use
any property, real, personal, or mixed, or any undivided
interest therein;
15. Sell, convey, mortgage, pledge, lease, exchange,
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abandon, or otherwise dispose of any property real, personal, or
mixed;
16. Establish a budget and make expenditures;
17. Borrow money in a fiscally responsible manner;
18. Appoint committees, including standing committees,
composed of Commissioners State regulators, State legislators or
their representatives, and consumer representatives, and such
other interested persons as may be designated in this Compact
and the bylaws;
19. Provide and receive information from, and cooperate
with, law enforcement agencies;
20. Establish and elect an Executive Committee, including
a chair, vice-chair, secretary, treasurer, and such other
offices as the Commission shall establish by Rule or bylaw;
21. Enter into contracts or arrangements for the
management of the affairs of the Commission;
22. Determine whether a State's adopted language is
materially different from the Model Compact language such that
the State would not qualify for participation in the Compact;
and
23. Perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact.
D. The Executive Committee
1. The Executive Committee shall have the power to act on
behalf of the Commission according to the terms of this Compact.
The powers, duties, and responsibilities of the Executive
Committee shall include:
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a. Overseeing the day-to-day activities of the
administration of the Compact, including enforcement and
compliance with the provisions of the Compact, its Rules and
bylaws, and other such duties as deemed necessary;
b. Recommending to the Commission changes to the Rules or
bylaws, changes to this Compact legislation, fees charged to
Compact Member States, fees charged to Licensees, and other
fees;
c. Ensuring Compact administration services are
appropriately provided, including by contract;
d. Preparing and recommending the budget;
e. Maintaining financial records on behalf of the
Commission;
f. Monitoring Compact compliance of Member States and
providing compliance reports to the Commission;
g. Establishing additional committees as necessary;
h. Exercising the powers and duties of the Commission
during the interim between Commission meetings, except for
adopting or amending Rules, adopting or amending bylaws, and
exercising any other powers and duties expressly reserved to the
Commission by Rule or bylaw; and
i. Performing other duties as provided in the Rules or
bylaws of the Commission.
2. The Executive Committee shall be composed of up to nine
(9) members, as further set forth in the bylaws of the
Commission:
a. Seven (7) voting members who are elected by the
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Commission from the current membership of the Commission; and
b. Two (2) ex-officio, non-voting members.
3. The Commission may remove any member of the Executive
Committee as provided in the Commission's bylaws.
4. The Executive Committee shall meet at least annually.
a. Executive Committee meetings shall be open to the
public, except that the Executive Committee may meet in a
closed, non-public meeting as provided in subsection F.4 below;
b. The Executive Committee shall give advance notice of
its meetings, posted on its website and as determined to provide
notice to persons with an interest in the business of the
Commission; and
c. The Executive Committee may hold a special meeting in
accordance with subsection F.2 below.
E. The Commission shall adopt and provide to the Member
States an annual report.
F. Meetings of the Commission
1. All meetings of the Commission that are not closed
pursuant to subsection 7.F.4 shall be open to the public. Notice
of public meetings shall be posted on the Commission's website
at least thirty (30) days prior to the public meeting.
2. Notwithstanding subsection 7.F.1, the Commission may
convene an emergency public meeting by providing at least
twenty-four (24) hours prior notice on the Commission's website,
and any other means as provided in the Commission's Rules, for
any of the reasons it may dispense with notice of proposed
rulemaking under subsection 9.G. The Commission's legal counsel
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shall certify that one of the reasons justifying an emergency
public meeting has been met.
3. Notice of all Commission meetings shall provide the
time, date, and location of the meeting, and if the meeting is
to be held or accessible via telecommunication, video
conference, or other electronic means, the notice shall include
the mechanism for access to the meeting.
4. The Commission or the Executive Committee may convene
in a closed, non-public meeting for the Commission or Executive
Committee to receive or solicit legal advice or to discuss:
a. Non-compliance of a Member State with its obligations
under the Compact;
b. The employment, compensation, discipline or other
matters, practices or procedures related to specific employees;
c. Current or threatened discipline of a Licensee or
Compact Privilege holder by the Commission or by a Member
State's Respiratory Therapy Licensing Authority;
d. Current, threatened, or reasonably anticipated
litigation;
e. Negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate;
f. Accusing any person of a crime or formally censuring
any person;
g. Trade secrets or commercial or financial information
that is privileged or confidential;
h. Information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
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i. Investigative records compiled for law enforcement
purposes;
j. Information related to any investigative reports
prepared by or on behalf of or for use of the Commission or
other committee charged with responsibility of investigation or
determination of compliance issues pursuant to the Compact;
k. Legal advice;
l. Matters specifically exempted from disclosure by
federal or Member State law; or
m. Other matters as promulgated by the Commission by Rule.
5. If a meeting, or portion of a meeting, is closed, the
presiding officer shall state that the meeting will be closed
and reference each relevant exempting provision, and such
reference shall be recorded in the minutes.
6. The Commission shall keep minutes in accordance with
Commission Rules and bylaws. All documents considered in
connection with an action shall be identified in such minutes.
All minutes and documents of a closed meeting shall remain under
seal, subject to release only by a majority vote of the
Commission or order of a court of competent jurisdiction.
G. Financing of the Commission
1. The Commission shall pay, or provide for the payment
of, the reasonable expenses of its establishment, organization,
and ongoing activities.
2. The Commission may accept any and all appropriate
revenue sources as provided herein.
3. The Commission may levy on and collect an annual
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assessment from each Member State and impose fees on Licensees
of Member States to whom it grants a Compact Privilege to cover
the cost of the operations and activities of the Commission and
its staff. The aggregate annual assessment amount for Member
States, if any, shall be allocated based upon a formula that the
Commission shall promulgate by Rule.
4. The Commission shall not incur obligations of any kind
prior to securing the funds or a loan adequate to meet the same;
nor shall the Commission pledge the credit of any of the Member
States, except by and with the authority of the Member State.
5. The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of
the Commission shall be subject to the financial review and
accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the Commission
shall be subject to an annual financial review by a certified or
licensed public accountant, and the report of the financial
review shall be included in and become part of the annual report
of the Commission.
H. Qualified Immunity, Defense, and Indemnification
1. Nothing herein shall be construed as a limitation on
the liability of any Licensee for professional malpractice or
misconduct, which shall be governed solely by any other
applicable state laws.
2. The Member States, Commissioners, officers, executive
directors, employees, and agents of the Commission shall be
immune from suit and liability, both personally and in their
official capacity, for any claim for damage to or loss of
property or personal injury or other civil liability caused by
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or arising out of any actual or alleged act, error, or omission
that occurred, or that the person against whom the claim is made
had a reasonable basis for believing occurred within the scope
of Commission employment, duties or responsibilities; provided
that nothing in this subsection shall be construed to protect
any such person from suit or liability for any damage, loss,
injury, or liability caused by the intentional or willful or
wanton misconduct of that person. The procurement of insurance
of any type by the Commission shall not in any way compromise or
limit the immunity granted hereunder.
3. The Commission shall defend any Commissioner, officer,
executive director, employee, and agent of the Commission in any
civil action seeking to impose liability arising out of any
actual or alleged act, error, or omission that occurred within
the scope of Commission employment, duties, or responsibilities,
or as determined by the Commission that the person against whom
the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties, or
responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining their own
counsel at their own expense; and provided further, that the
actual or alleged act, error, or omission did not result from
that person's intentional or willful or wanton misconduct.
4. The Commission shall indemnify and hold harmless any
Commissioner, member, officer, executive director, employee, and
agent of the Commission for the amount of any settlement or
judgment obtained against that person arising out of any actual
or alleged act, error, or omission that occurred within the
scope of Commission employment, duties, or responsibilities, or
that such person had a reasonable basis for believing occurred
within the scope of Commission employment, duties, or
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responsibilities, provided that the actual or alleged act,
error, or omission did not result from the intentional or
willful or wanton misconduct of that person.
5. Nothing in this Compact shall be interpreted to waive
or otherwise abrogate a Member State's state action immunity or
state action affirmative defense with respect to antitrust
claims under the Sherman Act, Clayton Act, or any other State or
federal antitrust or anticompetitive law or regulation.
6. Nothing in this Compact shall be construed to be a
waiver of sovereign immunity by the Member States or by the
Commission.
SECTION 8. DATA SYSTEM
A. The Commission shall provide for the development,
maintenance, operation, and utilization of a coordinated
database and reporting system containing licensure, Adverse
Action, and the presence of Significant Investigative
Information.
B. Notwithstanding any other provision of State law to the
contrary, a Member State shall submit a uniform data set to the
Data System as required by the Rules of the Commission,
including but not limited to:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a Licensee, license applicant,
or Compact Privilege holder and information related thereto;
4. Non-confidential information related to Alternative
Program participation, the beginning and ending dates of such
participation, and other information related to such
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participation not made confidential under Member State law;
5. Any denial of application for licensure, and the
reason(s) for such denial;
6. The presence of current Significant Investigative
Information; and
7. Other information that may facilitate the
administration of this Compact or the protection of the public,
as determined by the Rules of the Commission.
C. No Member State shall submit any information which
constitutes criminal history record information, as defined by
applicable federal law, to the Data System established
hereunder.
D. The records and information provided to a Member State
pursuant to this Compact or through the Data System, when
certified by the Commission or an agent thereof, shall
constitute the authenticated business records of the Commission,
and shall be entitled to any associated hearsay exception in any
relevant judicial, quasi-judicial or administrative proceedings
in a Member State.
E. Significant Investigative Information pertaining to a
Licensee in any Member State will only be available to other
Member States.
F. It is the responsibility of the Member States to report
any Adverse Action against a Licensee and to monitor the
database to determine whether Adverse Action has been taken
against a Licensee. Adverse Action information pertaining to a
Licensee in any Member State will be available to any other
Member State.
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G. Member States contributing information to the Data
System may designate information that may not be shared with the
public without the express permission of the contributing State.
H. Any information submitted to the Data System that is
subsequently expunged pursuant to federal law or the laws of the
Member State contributing the information shall be removed from
the Data System.
SECTION 9. RULEMAKING
A. The Commission shall promulgate reasonable Rules in
order to effectively and efficiently implement and administer
the purposes and provisions of the Compact. A Rule shall be
invalid and have no force or effect only if a court of competent
jurisdiction holds that the Rule is invalid because the
Commission exercised its rulemaking authority in a manner that
is beyond the scope and purposes of the Compact, or the powers
granted hereunder, or based upon another applicable standard of
review.
B. For purposes of the Compact, the Rules of the
Commission shall have the force of law in each Member State.
C. The Commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this section and the Rules
adopted thereunder. Rules shall become binding as of the date
specified in each Rule.
D. If a majority of the legislatures of the Member States
rejects a Rule or portion of a Rule, by enactment of a statute
or resolution in the same manner used to adopt the Compact
within four (4) years of the date of adoption of the Rule, then
such Rule shall have no further force and effect in any Member
State.
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E. Rules shall be adopted at a regular or special meeting
of the Commission.
F. Prior to adoption of a proposed Rule, the Commission
shall hold a public hearing and allow persons to provide oral
and written comments, data, facts, opinions, and arguments.
G. Prior to adoption of a proposed Rule by the Commission,
and at least thirty (30) days in advance of the meeting at which
the Commission will hold a public hearing on the proposed Rule,
the Commission shall provide a notice of proposed rulemaking:
1. On the website of the Commission or other publicly
accessible platform;
2. To persons who have requested notice of the
Commission's notices of proposed rulemaking, and
3. In such other way(s) as the Commission may by Rule
specify.
H. The notice of proposed rulemaking shall include:
1. The time, date, and location of the public hearing at
which the Commission will hear public comments on the proposed
Rule and, if different, the time, date, and location of the
meeting where the Commission will consider and vote on the
proposed Rule;
2. If the hearing is held via telecommunication, video
conference, or other electronic means, the Commission shall
include the mechanism for access to the hearing in the notice of
proposed rulemaking;
3. The text of the proposed Rule and the reason therefor;
4. A request for comments on the proposed Rule from any
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interested person; and
5. The manner in which interested persons may submit
written comments.
I. All hearings will be recorded. A copy of the recording
and all written comments and documents received by the
Commission in response to the proposed Rule shall be available
to the public.
J. Nothing in this section shall be construed as requiring
a separate hearing on each Rule. Rules may be grouped for the
convenience of the Commission at hearings required by this
section.
K. The Commission shall, by majority vote of all
Commissioners, take final action on the proposed Rule based on
the rulemaking record and the full text of the Rule.
1. The Commission may adopt changes to the proposed Rule
provided the changes are consistent with the original purpose of
the proposed Rule.
2. The Commission shall provide an explanation of the
reasons for substantive changes made to the proposed Rule as
well as reasons for substantive changes not made that were
recommended by commenters.
3. The Commission shall determine a reasonable effective
date for the Rule. Except for an emergency as provided in
Section 9.L, the effective date of the Rule shall be no sooner
than thirty (30) days after issuing the notice that it adopted
or amended the Rule.
L. Upon determination that an emergency exists, the
Commission may consider and adopt an emergency Rule with twenty-
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As Introduced
four (24) hours' notice, and with opportunity to comment,
provided that the usual rulemaking procedures provided in the
Compact and in this section shall be retroactively applied to
the Rule as soon as reasonably possible, in no event later than
ninety (90) days after the effective date of the Rule. For the
purposes of this provision, an emergency Rule is one that must
be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or
welfare;
2. Prevent a loss of Commission or Member State funds;
3. Meet a deadline for the promulgation of a Rule that is
established by federal law or Rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the
Commission may direct revisions to a previously adopted Rule for
purposes of correcting typographical errors, errors in format,
errors in consistency, or grammatical errors. Public notice of
any revisions shall be posted on the website of the Commission.
The revision shall be subject to challenge by any person for a
period of thirty (30) days after posting. The revision may be
challenged only on grounds that the revision results in a
material change to a Rule. A challenge shall be made in writing
and delivered to the Commission prior to the end of the notice
period. If no challenge is made, the revision will take effect
without further action. If the revision is challenged, the
revision may not take effect without the approval of the
Commission.
N. No Member State's rulemaking process or procedural
requirements shall apply to the Commission.
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1. The Commission shall have no authority over any Member
State's rulemaking process or procedural requirements that do
not pertain to the Compact.
O. Nothing in this Compact, nor any Rule or regulation of
the Commission, shall be construed to limit, restrict, or in any
way reduce the ability of a Member State to enact and enforce
laws, regulations, or other Rules related to the Practice of
Respiratory Therapy in that State, where those laws,
regulations, or other Rules are not inconsistent with the
provisions of this Compact.
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive and judicial branches of State government
in each Member State shall enforce this Compact and take all
actions necessary and appropriate to implement the Compact.
2. Venue is proper and judicial proceedings by or against
the Commission shall be brought solely and exclusively in a
court of competent jurisdiction where the principal office of
the Commission is located. The Commission may waive venue and
jurisdictional defenses to the extent it adopts or consents to
participate in alternative dispute resolution proceedings.
Nothing herein shall affect or limit the selection or propriety
of venue in any action against a Licensee for professional
malpractice, misconduct or any such similar matter.
3. The Commission shall be entitled to receive service of
process in any proceeding regarding the enforcement or
interpretation of the Compact and shall have standing to
intervene in such a proceeding for all purposes. Failure to
provide the Commission service of process shall render a
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804 S. B. No. 149 Page 30
As Introduced
judgment or order void as to the Commission, this Compact, or
promulgated Rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Member State has
defaulted in the performance of its obligations or
responsibilities under this Compact or the promulgated Rules,
the Commission shall provide written notice to the defaulting
State. The notice of default shall describe the default, the
proposed means of curing the default, and any other action that
the Commission may take, and shall offer training and specific
technical assistance regarding the default.
2. The Commission shall provide a copy of the notice of
default to the other Member States.
C. If a State in default fails to cure the default, the
defaulting State may be terminated from the Compact upon an
affirmative vote of a majority of the Commissioners of the
Member States, and all rights, privileges and benefits conferred
on that State by this Compact may be terminated on the effective
date of termination. A cure of the default does not relieve the
offending State of obligations or liabilities incurred during
the period of default.
D. Termination of membership in the Compact shall be
imposed only after all other means of securing compliance have
been exhausted. Notice of intent to suspend or terminate shall
be given by the Commission to the governor, the majority and
minority leaders of the defaulting State's legislature, the
defaulting State's Respiratory Therapy Licensing Authority and
each of the Member States' Respiratory Therapy Licensing
Authorities.
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833 S. B. No. 149 Page 31
As Introduced
E. A State that has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including obligations that extend
beyond the effective date of termination, if necessary.
F. Upon the termination of a State's membership from this
Compact, that State shall immediately provide notice to all
Licensees and Compact Privilege holders (of which the Commission
has a record) within that State of such termination. The
terminated State shall continue to recognize all licenses
granted pursuant to this Compact for a minimum of one hundred
eighty (180) days after the date of said notice of termination.
G. The Commission shall not bear any costs related to a
State that is found to be in default or that has been terminated
from the Compact, unless agreed upon in writing between the
Commission and the defaulting State.
H. The defaulting State may appeal the action of the
Commission by petitioning the U.S. District Court for the
District of Columbia or the federal district where the
Commission has its principal offices. The prevailing party shall
be awarded all costs of such litigation, including reasonable
attorney's fees.
I. Dispute Resolution
1. Upon request by a Member State, the Commission shall
attempt to resolve disputes related to the Compact that arise
among Member States and between Member and non-Member States.
2. The Commission shall promulgate a Rule providing for
both mediation and binding dispute resolution for disputes, as
appropriate.
J. Enforcement
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As Introduced
1. By majority vote, as may be further provided by Rule,
the Commission may initiate legal action against a Member State
in default in the United States District Court for the District
of Columbia or the federal district where the Commission has its
principal offices to enforce compliance with the provisions of
the Compact and its promulgated Rules. A Member State by
enactment of this Compact consents to venue and jurisdiction in
such court for the purposes set forth herein. The relief sought
may include both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable
attorney's fees. The remedies herein shall not be the exclusive
remedies of the Commission. The Commission may pursue any other
remedies available under federal or the defaulting Member
State's law.
2. A Member State may initiate legal action against the
Commission in the U.S. District Court for the District of
Columbia or the federal district where the Commission has its
principal offices to enforce compliance with the provisions of
the Compact and its promulgated Rules. The relief sought may
include both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable
attorney's fees.
3. No person other than a Member State shall enforce this
Compact against the Commission.
SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which
the Compact statute is enacted into law in the seventh Member
State ("Effective Date").
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As Introduced
1. On or after the Effective Date of the Compact, the
Commission shall convene and review the enactment of each of the
first seven Member States ("Charter Member States") to determine
if the statute enacted by each such Charter Member State is
materially different than the Model Compact.
a. A Charter Member State whose enactment is found to be
materially different from the Model Compact shall be entitled to
the default process set forth in Section 10.
b. If any Member State is later found to be in default, or
is terminated or withdraws from the Compact, the Commission
shall remain in existence and the Compact shall remain in effect
even if the number of Member States should be less than seven.
2. Member States enacting the Compact subsequent to the
seven initial Charter Member States shall be subject to the
process set forth herein and Commission Rule to determine if
their enactments are materially different from the Model Compact
and whether they qualify for participation in the Compact.
3. All actions taken for the benefit of the Commission or
in furtherance of the purposes of the administration of the
Compact prior to the effective date of the Compact or the
Commission coming into existence shall be considered to be
actions of the Commission unless specifically repudiated by the
Commission. The Commission shall own and have all rights to any
intellectual property developed on behalf or in furtherance of
the Commission by individuals or entities involved in organizing
or establishing the Commission, as may be further set forth in
Rules of the Commission.
4. Any State that joins the Compact subsequent to the
Commission's initial adoption of the Rules and bylaws shall be
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As Introduced
subject to the Rules and bylaws as they exist on the date on
which the Compact becomes law in that State. Any Rule that has
been previously adopted by the Commission shall have the full
force and effect of law on the date the Compact becomes law in
that State.
B. Any Member State may withdraw from this Compact by
enacting a statute repealing the same.
1. A Member State's withdrawal shall not take effect until
one hundred eighty (180) days after enactment of the repealing
statute.
2. Withdrawal shall not affect the continuing requirement
of the withdrawing State's Respiratory Therapy Licensing
Authority to comply with the investigative and Adverse Action
reporting requirements of this Compact prior to the effective
date of withdrawal.
3. Upon the enactment of a statute withdrawing from this
Compact, a State shall immediately provide notice of such
withdrawal to all Licensees and Compact Privilege holders (of
which the Commission has a record) within that State.
Notwithstanding any subsequent statutory enactment to the
contrary, such withdrawing State shall continue to recognize all
licenses granted pursuant to this Compact for a minimum of one
hundred eighty (180) days after the date of such notice of
withdrawal.
C. Nothing contained in this Compact shall be construed to
invalidate or prevent any licensure agreement or other
cooperative arrangement between a Member State and a non-Member
State that does not conflict with the provisions of this
Compact.
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As Introduced
D. This Compact may be amended by the Member States. No
amendment to this Compact shall become effective and binding
upon any Member State until it is enacted into the laws of all
Member States.
SECTION 12. CONSTRUCTION AND SEVERABILITY
A. This Compact and the Commission's rulemaking authority
shall be liberally construed so as to effectuate the purposes
and the implementation and administration of the Compact.
Provisions of the Compact expressly authorizing or requiring the
promulgation of Rules shall not be construed to limit the
Commission's rulemaking authority solely for those purposes.
B. The provisions of this Compact shall be severable, and
if any phrase, clause, sentence or provision of this Compact is
held by a court of competent jurisdiction to be contrary to the
constitution of any Member State, a State seeking participation
in the Compact, or of the United States, or the applicability
thereof to any government, agency, person or circumstance is
held to be unconstitutional by a court of competent
jurisdiction, the validity of the remainder of this Compact and
the applicability thereof to any other government, agency,
person or circumstance shall not be affected thereby.
C. Notwithstanding subsection B of this section, the
Commission may deny a State's participation in the Compact or,
in accordance with the requirements of Section 10, terminate a
Member State's participation in the Compact, if it determines
that a constitutional requirement of a Member State is a
material departure from the Compact. Otherwise, if this Compact
shall be held to be contrary to the constitution of any Member
State, the Compact shall remain in full force and effect as to
the remaining Member States and in full force and effect as to
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As Introduced
the Member State affected as to all severable matters.
SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER
STATE LAWS
A. Nothing herein shall prevent or inhibit the enforcement
of any other law of a Member State that is not inconsistent with
the Compact.
B. Any laws, statutes, regulations, or other legal
requirements in a Member State in conflict with the Compact are
superseded to the extent of the conflict, including any
subsequently enacted State laws.
C. All permissible agreements between the Commission and
the Member States are binding in accordance with their terms.
D. Other than as expressly set forth herein, nothing in
this Compact will impact initial licensure.
Sec. 4761.21. Not later than sixty days after the
"Respiratory Care Interstate Compact" is entered into under
section 4761.20 of the Revised Code, the state medical board, in
accordance with Section 7 of the compact, shall select one
individual to serve as a commissioner on the respiratory care
interstate compact commission created under the compact. The
board shall fill a vacancy in this position not later than sixty
days after the vacancy occurs.
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1002