                                 CODE OF VIRGINIA

(EFFECTIVE PURSUANT TO ARTICLE 12) INTERSTATE MASSAGE COMPACT (§ 54.1-3029.2)

The General Assembly hereby enacts, and the Commonwealth of Virginia hereby
enters into, the Interstate Massage Compact with any and all states legally
joining therein according to its terms, in the form substantially as follows:
		INTERSTATE MASSAGE COMPACT.
		Article 1. Purpose.
		The purpose of this Compact is to reduce the burdens on state governments and
to facilitate the interstate practice and regulation of massage therapy with the
goal of improving public access to, and the safety of, massage therapy services.
Through this Compact, the Member States seek to establish a regulatory framework
which provides for a new multistate licensing program. Through this additional
licensing pathway, the Member States seek to provide increased value and
mobility to licensed massage therapists in the Member States, while ensuring the
provision of safe, competent, and reliable services to the public.
		This Compact is designed to achieve the following objectives, and the Member
States hereby ratify the same intentions by subscribing hereto:

1. Increase public access to massage therapy services by providing for a
multistate licensing pathway;

2. Enhance the Member States&#8217; ability to protect the public&#8217;s health
and safety;

3. Enhance the Member States&#8217; ability to prevent human trafficking and
licensure fraud;

4. Encourage the cooperation of Member States in regulating the multistate
practice of massage therapy;

5. Support relocating military members and their spouses;

6. Facilitate and enhance the exchange of licensure, investigative, and
disciplinary information between the Member States;

7. Create an Interstate Commission that will exist to implement and administer
the Compact;

8. Allow a Member State to hold a licensee accountable, even where that licensee
holds a multistate license;

9. Create a streamlined pathway for licensees to practice in Member States, thus
increasing the mobility of duly licensed massage therapists; and

10. Serve the needs of licensed massage therapists and the public receiving
their services; however,
			Nothing in this Compact is intended to prevent a state from enforcing its own
laws regarding the practice of massage therapy.
			Article 2. Definitions.
			As used in this Compact, except as otherwise provided and subject to
clarification by the rules of the Commission, the following definitions shall
govern the terms herein:
			&#8220;Active military member&#8221; means any person with full-time duty
status in the Armed Forces of the United States, including members of the
National Guard and Reserve.
			&#8220;Adverse action&#8221; means any administrative, civil, equitable, or
criminal action permitted by a Member State&#8217;s laws that is imposed by a
licensing authority or other regulatory body against a licensee, including
actions against an individual&#8217;s authorization to practice, such as
revocation, suspension, probation, surrender in lieu of discipline, monitoring
of the licensee, limitation of the licensee&#8217;s practice, or any other
encumbrance on licensure affecting an individual&#8217;s ability to practice
massage therapy, including the issuance of a cease and desist order.
			&#8220;Alternative program&#8221; means a non-disciplinary monitoring or
prosecutorial diversion program approved by a Member State&#8217;s licensing
authority.
			&#8220;Authorization to practice&#8221; means a legal authorization by a
remote state pursuant to a multistate license permitting the practice of massage
therapy in that remote state, which shall be subject to the enforcement
jurisdiction of the licensing authority in that remote state.
			&#8220;Background check&#8221; means the submission of an applicant&#8217;s
criminal history record information, as further defined in 28 C.F.R. § 20.3(d),
as amended, from the Federal Bureau of Investigation and the agency responsible
for retaining state criminal records in the applicant&#8217;s home state.
			&#8220;Charter Member States&#8221; means Member States who have enacted
legislation to adopt this Compact where such legislation predates the effective
date of this Compact as defined in Article 12.
			&#8220;Commission&#8221; means the government agency whose membership
consists of all states that have enacted this Compact, which is known as the
Interstate Massage Compact Commission, as defined in Article 8, and which shall
operate as an instrumentality of the Member States.
			&#8220;Compact&#8221; means the Interstate Massage Compact.
			&#8220;Continuing competence&#8221; means a requirement, as a condition of
license renewal, to provide evidence of participation in, and completion of,
educational or professional activities that maintain, improve, or enhance
massage therapy fitness to practice.
			&#8220;Current significant investigative information&#8221; means
investigative information that a licensing authority, after an inquiry or
investigation that complies with a Member State&#8217;s due process
requirements, has reason to believe is not groundless and, if proved true, would
indicate a violation of that state&#8217;s laws regarding the practice of
massage therapy.
			&#8220;Data system&#8221; means a repository of information about licensees
who hold multistate licenses, which may include but is not limited to license
status, investigative information, and adverse actions.
			&#8220;Disqualifying event&#8221; means any event that shall disqualify an
individual from holding a multistate license under this Compact, which the
Commission may by rule specify.
			&#8220;Encumbrance&#8221; means a revocation or suspension of, or any
limitation or condition on, the full and unrestricted practice of massage
therapy by a licensing authority.
			&#8220;Executive Committee&#8221; means a group of delegates elected or
appointed to act on behalf of, and within the powers granted to them by, the
Commission.
			&#8220;Home state&#8221; means the Member State that is a licensee&#8217;s
primary state of residence where the licensee holds an active single-state
license.
			&#8220;Investigative information&#8221; means information, records, or
documents received or generated by a licensing authority pursuant to an
investigation or other inquiry.
			&#8220;Licensee&#8221; means an individual who currently holds a license from
a Member State to fully practice massage therapy, whose license is not a
student, provisional, temporary, inactive, or other similar status.
			&#8220;Licensing authority&#8221; means a state&#8217;s regulatory body
responsible for issuing massage therapy licenses or otherwise overseeing the
practice of massage therapy in that state.
			&#8220;Massage therapy,&#8221; &#8220;massage therapy services,&#8221; and
the &#8220;practice of massage therapy&#8221; means the care and services
provided by a licensee as set forth in the Member State&#8217;s statutes and
regulations in the state where the services are being provided.
			&#8220;Member State&#8221; means any state that has adopted this Compact.
			&#8220;Multistate license&#8221; means a license that consists of
authorizations to practice massage therapy in all remote states pursuant to this
Compact, which shall be subject to the enforcement jurisdiction of the licensing
authority in a licensee&#8217;s home state.
			&#8220;National licensing examination&#8221; means a national examination
developed by a national association of massage therapy regulatory boards, as
defined by Commission rule, that is derived from a practice analysis and is
consistent with generally accepted psychometric principles of fairness,
validity, and reliability and is administered under secure and confidential
examination protocols.
			&#8220;Remote state&#8221; means any Member State, other than the
licensee&#8217;s home state.
			&#8220;Rule&#8221; means any opinion or regulation promulgated by the
Commission under this Compact, which shall have the force of law.
			&#8220;Single-state license&#8221; means a current, valid authorization
issued by a Member State&#8217;s licensing authority allowing an individual to
fully practice massage therapy, that is not a restricted, student, provisional,
temporary, or inactive practice authorization and authorizes practice only
within the issuing state.
			&#8220;State&#8221; means a state, territory, possession of the United
States, or the District of Columbia.
			Article 3. Member State Requirements.

   A. To be eligible to join this Compact, and to maintain eligibility as a
   Member State, a state must:

1. License and regulate the practice of massage therapy;

2. Have a mechanism or entity in place to receive and investigate complaints
from the public, regulatory or law-enforcement agencies, or the Commission about
licensees practicing in that state;

3. Accept passage of a national licensing examination as a criterion for massage
therapy licensure in that state;

4. Require that licensees satisfy educational requirements prior to being
licensed to provide massage therapy services to the public in that state;

5. Implement procedures for requiring the background check of applicants for a
multistate license, and for the reporting of any disqualifying events, including
but not limited to obtaining and submitting, for each licensee holding a
multistate license and each applicant for a multistate license, fingerprint or
other biometric-based information to the Federal Bureau of Investigation for
background checks; receiving the results of the Federal Bureau of Investigation
record search on background checks and considering the results of such a
background check in making licensure decisions;

6. Have continuing competence requirements as a condition for license renewal;

7. Participate in the data system, including through the use of unique
identifying numbers as described herein;

8. Notify the Commission and other Member States, in compliance with the terms
of the Compact and rules of the Commission, of any disciplinary action taken by
the state against a licensee practicing under a multistate license in that
state, or of the existence of investigative information or current significant
investigative information regarding a licensee practicing in that state pursuant
to a multistate license;

9. Comply with the rules of the Commission;

10. Accept licensees with valid multistate licenses from other member states as
established herein;

   B. Individuals not residing in a Member State shall continue to be able to
   apply for a Member State&#8217;s single-state license as provided under the
   laws of each Member State. However, the single-state license granted to those
   individuals shall not be recognized as granting a multistate license for
   massage therapy in any other Member State;

   C. Nothing in this Compact shall affect the requirements established by a
   Member State for the issuance of a single-state license; and

   D. A multistate license issued to a licensee shall be recognized by each
   remote state as an authorization to practice massage therapy in each remote
   state.
   				Article 4. Multistate License Requirements.

   A. To qualify for a multistate license under this Compact, and to maintain
   eligibility for such a license, an applicant must:

1. Hold an active single-state license to practice massage therapy in the
applicant&#8217;s home state;

2. Have completed at least six hundred and twenty-five (625) clock hours of
massage therapy education or the substantial equivalent that the Commission may
approve by rule.

3. Have passed a national licensing examination or the substantial equivalent
which the Commission may approve by rule.

4. Submit to a background check;

5. Have not been convicted or found guilty, or have entered into an agreed
disposition, of a felony offense under applicable state or federal criminal law
within five (5) years prior to the date of his application, where such a time
period shall not include any time served for the offense, and provided that the
applicant has completed any and all requirements arising as a result of any such
offense;

6. Have not been convicted or found guilty, or have entered into an agreed
disposition, of a misdemeanor offense related to the practice of massage therapy
under applicable state or federal criminal law within two (2) years prior to the
date of his application, where such a time period shall not include any time
served for the offense, and provided that the applicant has completed any and
all requirements arising as a result of any such offense;

7. Have not been convicted or found guilty, or have entered into an agreed
disposition, of any offense, whether a misdemeanor or a felony, under state or
federal law, at any time, relating to any of the following:
			a. Kidnapping;
			b. Human trafficking;
			c. Human smuggling;
			d. Sexual battery, sexual assault, or any related offenses; or
			e. Any other category of offense which the Commission may by rule designate.

8. Have not previously held a massage therapy license that was revoked by, or
surrendered in lieu of discipline, to an applicable licensing authority;

9. Have no history of any adverse action on any occupational or professional
license within two (2) years prior to the date of his application; and

10. Pay all required fees.

   B. A multistate license granted pursuant to this Compact may be effective for
   a definite period of time concurrent with the renewal of the home state
   license.

   C. A licensee practicing in a Member State is subject to all scope of practice
   laws governing massage therapy services in that state.

   D. The practice of massage therapy under a multistate license granted pursuant
   to this Compact will subject the licensee to the jurisdiction of the licensing
   authority, the courts, and the laws of the Member State in which the massage
   therapy services are provided.
   				Article 5. Authority of Interstate Massage Compact Commission Member State
   Licensing Authorities.

   A. Nothing in this Compact, nor any rule 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
   massage therapy in that state, where those laws, regulations, or other rules
   are not inconsistent with the provisions of this Compact.

   B. Nothing in this Compact, nor any rule of the Commission, shall be construed
   to limit, restrict, or in any way reduce the ability of a Member State to take
   adverse action against a licensee&#8217;s single-state license to practice
   massage therapy in that state.

   C. Nothing in this Compact, nor any rule of the Commission, shall be construed
   to limit, restrict, or in any way reduce the ability of a remote state to take
   adverse action against a licensee&#8217;s authorization to practice in that
   state.

   D. Nothing in this Compact, nor any rule of the Commission, shall be construed
   to limit, restrict, or in any way reduce the ability of a licensee&#8217;s
   home state to take adverse action against a licensee&#8217;s multistate
   license based upon information provided by a remote state.

   E. Insofar as practical, a Member State&#8217;s licensing authority shall
   cooperate with the Commission and with each entity exercising independent
   regulatory authority over the practice of massage therapy according to the
   provisions of this Compact.
   				Article 6. Adverse Actions.

   A. A licensee&#8217;s home state shall have exclusive power to impose an
   adverse action against a licensee&#8217;s multistate license issued by the
   home state.

   B. A home state may take adverse action on a multistate license based on the
   investigative information, current significant investigative information, or
   adverse action of a remote state.

   C. A home state shall retain authority to complete any pending investigations
   of a licensee practicing under a multistate license who changes his home state
   during the course of such an investigation. the licensing authority shall also
   be empowered to report the results of such an investigation to the Commission
   through the data system as described herein.

   D. Any Member State may investigate actual or alleged violations of the scope
   of practice laws in any other Member State for a massage therapist who holds a
   multistate license.

   E. A remote state shall have the authority to:

1. Take adverse actions against a licensee&#8217;s authorization to practice;

2. Issue cease and desist orders or impose an encumbrance on a licensee&#8217;s
authorization to practice in that state.

3. Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses, as well as the production of evidence.
Subpoenas issued by a licensing authority in a Member State for the attendance
and testimony of witnesses or the production of evidence from another Member
State shall be enforced in the latter state by any court of competent
jurisdiction, according to the practice and procedure of that court applicable
to subpoenas issued in proceedings before it. The issuing licensing authority
shall pay any witness fees, travel expenses, mileage, and other fees required by
the service statutes of the state in which the witnesses or evidence are
located.

4. If otherwise permitted by state law, recover from the affected licensee the
costs of investigations and disposition of cases resulting from any adverse
action taken against that licensee.

5. Take adverse action against the licensee&#8217;s authorization to practice in
that state based on the factual findings of another Member State.

   F. If an adverse action is taken by the home state against a licensee&#8217;s
   multistate license or single-state license to practice in the home state, the
   licensee&#8217;s authorization to practice in all other Member States shall be
   deactivated until all encumbrances have been removed from such license. All
   home state disciplinary orders that impose an adverse action against a
   licensee shall include a statement that the massage therapist&#8217;s
   authorization to practice is deactivated in all Member States during the
   pendency of the order.

   G. If adverse action is taken by a remote state against a licensee&#8217;s
   authorization to practice, that adverse action applies to all authorizations
   to practice in all remote states. A licensee whose authorization to practice
   in a remote state is removed for a specified period of time is not eligible to
   apply for a new multistate license in any other state until the specific time
   for removal of the authorization to practice has passed and all encumbrance
   requirements are satisfied.

   H. Nothing in this Compact shall override a Member State&#8217;s authority to
   accept a licensee&#8217;s participation in an alternative program in lieu of
   adverse action. A licensee&#8217;s multistate license shall be suspended for
   the duration of the licensee&#8217;s participation in any alternative program.

   I. Joint Investigations.

1. In addition to the authority granted to a Member State by its respective
scope of practice laws or other applicable state law, a Member State may
participate with other Member States in joint investigations of licensees.

2. Member States shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated
under the Compact.
			Article 7. Active Military Members and Their Spouses.
			Active military members, or their spouses, shall designate a home state where
the individual has a current license to practice massage therapy in good
standing. The individual may retain his home state designation during any period
of service when that individual or his spouse is on active duty assignment.
			Article 8. Establishment and Operation of Interstate Massage 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 Interstate Massage Compact Commission. The Commission is
   an instrumentality of the Compact 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 Article 12.

   B. Membership, voting, and meetings.

1. Each Member State shall have and be limited to one (1) delegate selected by
that Member State&#8217;s state licensing authority.

2. The delegate shall be the primary administrative officer of the state
licensing authority or his designee.

3. The Commission shall by rule or bylaw establish a term of office for
delegates and may by rule or bylaw establish term limits.

4. The Commission may recommend removal or suspension of any delegate from
office.

5. A Member State&#8217;s state licensing authority shall fill any vacancy of
its delegate occurring on the Commission within 60 days of the vacancy.

6. Each delegate shall be entitled to one vote on all matters that are voted on
by the Commission.

7. The Commission shall meet at least once during each calendar year. Additional
meetings may be held as set forth in the bylaws. The Commission may meet by
telecommunication, video conference, or other similar electronic means.

   C. The Commission shall have the following powers:

1. Establish the fiscal year of the Commission;

2. Establish code of conduct and conflict of interest policies;

3. Adopt rules and bylaws;

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&#8217;s rules, and the bylaws;

6. Initiate and conclude legal proceedings or actions in the name of the
Commission, provided that the standing of any state licensing authority to sue
or be sued under applicable law shall not be affected;

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&#8217;s behalf;

8. Purchase and maintain insurance and bonds;

9. Borrow, 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&#8217;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 the Commission
shall avoid any appearance of impropriety or 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, abandon, or otherwise
dispose of any property real, personal, or mixed;

16. Establish a budget and make expenditures;

17. Borrow money;

18. Appoint committees, including standing committees, composed of members,
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. Accept and transmit complaints from the public, regulatory or
law-enforcement agencies, or the Commission, to the relevant Member State(s)
regarding potential misconduct of licensees;

20. Elect a chair, vice chair, secretary, and treasurer and such other officers
of the Commission as provided in the Commission&#8217;s bylaws;

21. Establish and elect an Executive Committee, including a chair and a vice
chair;

22. Adopt and provide to the Member States an annual report.

23. Determine whether a state&#8217;s adopted language is materially different
from the model Compact language such that the state would not qualify for
participation in the Compact; and

24. 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:
			a. Overseeing the day-to-day activities of the administration of the Compact
including compliance with the provisions of the Compact, the Commission&#8217;s
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. Exercise 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. Other duties as provided in the rules or bylaws of the Commission.

2. The Executive Committee shall be composed of seven voting members and up to
two ex-officio members as follows:
			a. The chair and vice chair of the Commission and any other members of the
Commission who serve on the Executive Committee shall be voting members of the
Executive Committee; and
			b. Other than the chair, vice-chair, secretary, and treasurer, the Commission
shall elect three voting members from the current membership of the Commission;
and
			c. The Commission may elect ex-officio, nonvoting members as necessary as
follows:

   1. One ex-officio member who is a representative of the national association
   of state massage therapy regulatory boards; and

   2. One ex-officio member as specified in the Commission&#8217;s bylaws.

3. The Commission may remove any member of the Executive Committee as provided
in the Commission&#8217;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 session of a public meeting
when dealing with any of the matters covered under subdivision F 4.
			b. The Executive Committee shall give five business days advance notice of
its public meetings, posted on its website and as determined to provide notice
to persons with an interest in the public matters the Executive Committee
intends to address at those meetings.

5. The Executive Committee may hold an emergency meeting when acting for the
Commission to:
			a. Meet an imminent threat to public health, safety, or welfare;
			b. Prevent a loss of Commission or participating state funds; or
			c. Protect public health and safety.

   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 this
subsection shall be open to the public. Notice of public meetings shall be
posted on the Commission&#8217;s website at least thirty (30) days prior to the
public meeting.

2. Notwithstanding subdivision 1, the Commission may convene an emergency public
meeting by providing at least twenty-four (24) hours&#8217; prior notice on the
Commission&#8217;s website, and any other means as provided in the
Commission&#8217;s rules, for any of the reasons it may dispense with notice of
proposed rulemaking under subsection L of Article 10. The Commission&#8217;s
legal counsel 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 may convene in a closed, non-public meeting for the Commission
to discuss:
			a. Non-compliance of a Member State with its obligations under the Compact;
			b. The employment, compensation, or discipline or other matters, practices,
or procedures related to specific employees or other matters related to the
Commission&#8217;s internal personnel practices and procedures;
			c. Current or threatened discipline of a licensee by the Commission or by a
Member State&#8217;s 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;
			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 to the public 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 that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions
taken, and the reasons therefor, including a description of the views expressed.
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 sources of revenue,
donations, and grants of money, equipment, supplies, materials, and services.

3. The Commission may levy on and collect an annual assessment from each Member
State and impose fees on licensees of Member States to whom it grants a
multistate license to cover the cost of the operations and activities of the
Commission and its staff, which must be in a total amount sufficient to cover
its annual budget as approved each year for which revenue is not provided by
other sources. The aggregate annual assessment amount for Member States 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 adequate to meet the same, nor shall the Commission pledge the credit of
any 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.
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. The members, officers, executive director, employees, and representatives 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 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 subdivision 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.

2. The Commission shall defend any member, officer, executive director,
employee, and representative 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 his own
counsel at his own expense, and provided further, that the actual or alleged
act, error, or omission did not result from that person&#8217;s intentional or
willful or wanton misconduct.

3. The Commission shall indemnify and hold harmless any member, officer,
executive director, employee, and representative 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 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.

4. 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.

5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a
Member State&#8217;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.
			Article 9. Data System.

   A. The Commission shall provide for the development, maintenance, operation,
   and utilization of a coordinated database and reporting system.

   B. The Commission shall assign each applicant for a multistate license a
   unique identifier, as determined by the rules of the Commission.

   C. Notwithstanding any other provision of state law to the contrary, a Member
   State shall submit a uniform data set to the data system on all individuals to
   whom this Compact is applicable as required by the rules of the Commission,
   including:

1. Identifying information;

2. Licensure data;

3. Adverse actions against a license 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 participation;

5. Any denial of application for licensure, and the reason(s) for such denial
(excluding the reporting of any criminal history record information where
prohibited by law);

6. The existence of investigative information;

7. The existence or presence of current significant investigative information;
and

8. Other information that may facilitate the administration of this Compact or
the protection of the public, as determined by the rules of the Commission.

   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. The existence of current significant investigative information and the
   existence of 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 who holds a multistate license and to monitor the database
   to determine whether adverse action has been taken against such a licensee or
   license applicant. Adverse action information pertaining to a licensee or
   license applicant in any Member State will be available to any other Member
   State.

   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.
   				Article 10. 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. The rules of the Commission shall have the force of law in each Member
   State, provided however that where the rules of the Commission conflict with
   the laws of the Member State that establish the Member State&#8217;s scope of
   practice as held by a court of competent jurisdiction, the rules of the
   Commission shall be ineffective in that state to the extent of the conflict.

   C. The Commission shall exercise its rulemaking powers pursuant to the
   criteria set forth in this article and the rules adopted thereunder. Rules
   shall become binding as of the date specified by the Commission for 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 or to any state applying to participate in the Compact.

   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&#8217;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 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 article 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 article.

   K. The Commission shall, by majority vote of all commissioners, take final
   action on the proposed rule based on the rulemaking record.

1. The Commission may adopt changes to the proposed rule provided the changes do
not enlarge 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 subsection L, the effective date of the
rule shall be no sooner than thirty (30) days after the Commission 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 24 hours&#8217; notice, provided that the
   usual rulemaking procedures provided in the Compact and in this article 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 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&#8217;s rulemaking requirements shall apply under this
   Compact.
   				Article 11. 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 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
   delegates 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&#8217;s legislature, the
   defaulting state&#8217;s state licensing authority and each of the Member
   States&#8217; state licensing authority.

   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.

   F. Upon the termination of a state&#8217;s membership from this Compact, that
   state shall immediately provide notice to all licensees who hold a multistate
   license 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 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.

1. The Commission, in the reasonable exercise of its discretion, shall enforce
the provisions of this Compact and the Commission&#8217;s rules.

2. By majority vote as provided by Commission 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. 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 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&#8217;s law.

3. 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 fees.

4. No individual or entity other than a Member State may enforce this Compact
against the Commission.
			Article 12. 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.

1. On or after the effective date of the Compact, the Commission shall convene
and review the enactment of each of the Charter Member States to determine if
the statute enacted by each such Charter Member State is materially different
than the model Compact statute.
			a. A Charter Member State whose enactment is found to be materially different
from the model Compact statute shall be entitled to the default process set
forth in Article 11.
			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 (7).

2. Member States enacting the Compact subsequent to the Charter Member States
shall be subject to the process set forth in subdivision C 23 of Article 8 to
determine if their enactments are materially different from the model Compact
statute 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.

4. Any state that joins the Compact shall be subject to the Commission&#8217;s
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 day the Compact becomes law in that
state.

   B. Any Member State may withdraw from this Compact by enacting a statute
   repealing that state&#8217;s enactment of the Compact.

1. A Member State&#8217;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&#8217;s 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 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.

   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.
   				Article 13. Construction and Severability.

   A. This Compact and the Commission&#8217;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&#8217;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, the Commission may deny a state&#8217;s
   participation in the Compact or, in accordance with the requirements of
   subsection B of Article 11, terminate a Member State&#8217;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 the Member State affected as to all
   severable matters.
   				Article 14. Consistent Effect and Conflict With Other State Laws.
   				Nothing herein shall prevent or inhibit the enforcement of any other law
   of a Member State that is not inconsistent with the Compact.
   				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.
   				All permissible agreements between the Commission and the Member States
   are binding in accordance with their terms.

HISTORY: 2025, c. 274.