Assembly Bill A8173

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8173
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 27, 2023
                                ___________
 
 Introduced by M. of A. MILLER -- read once and referred to the Committee
   on Higher Education
 
 AN  ACT  to  amend the education law, in relation to adopting the Inter-
   state Massage Compact
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The education law is amended by adding a new section 7808
 to read as follows:
   § 7808. INTERSTATE MASSAGE COMPACT. THE INTERSTATE MASSAGE COMPACT  IS
 HEREBY  ENTERED INTO AND ENACTED INTO LAW WITH ALL JURISDICTIONS LEGALLY
 JOINING THEREIN, IN THE FORM SUBSTANTIALLY AS FOLLOWS:
                        INTERSTATE MASSAGE COMPACT
 ARTICLE 1 - PURPOSE
   THE PURPOSE OF THIS COMPACT IS TO REDUCE THE BURDENS ON STATE  GOVERN-
 MENTS  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:
   A. INCREASE PUBLIC ACCESS TO MASSAGE THERAPY SERVICES BY PROVIDING FOR
 A MULTISTATE LICENSING PATHWAY;
   B.  ENHANCE  THE MEMBER STATES' ABILITY TO PROTECT THE PUBLIC'S HEALTH
 AND SAFETY;
   C. ENHANCE THE MEMBER STATES' ABILITY TO PREVENT HUMAN TRAFFICKING AND
 LICENSURE FRAUD;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11668-01-3
 A. 8173                             2
              

 
   D. ENCOURAGE THE COOPERATION OF MEMBER STATES IN REGULATING THE MULTI-
 STATE PRACTICE OF MASSAGE THERAPY;
   E. SUPPORT RELOCATING MILITARY MEMBERS AND THEIR SPOUSES;
   F.  FACILITATE  AND  ENHANCE THE EXCHANGE OF LICENSURE, INVESTIGATIVE,
 AND DISCIPLINARY INFORMATION BETWEEN THE MEMBER STATES;
   G. CREATE AN INTERSTATE COMMISSION THAT WILL EXIST  TO  IMPLEMENT  AND
 ADMINISTER THE COMPACT;
   H.  ALLOW  A  MEMBER  STATE TO HOLD A LICENSEE ACCOUNTABLE, EVEN WHERE
 THAT LICENSEE HOLDS A MULTISTATE LICENSE;
   I. CREATE A STREAMLINED PATHWAY FOR LICENSEES TO  PRACTICE  IN  MEMBER
 STATES,  THUS  INCREASING  THE  MOBILITY OF DULY LICENSED MASSAGE THERA-
 PISTS; AND
   J. SERVE THE NEEDS OF  LICENSED  MASSAGE  THERAPISTS  AND  THE  PUBLIC
 RECEIVING THEIR SERVICES, HOWEVER
   K. NOTHING IN THIS COMPACT IS INTENDED TO PREVENT A STATE FROM ENFORC-
 ING 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:
   A. "ACTIVE MILITARY MEMBER" - ANY PERSON WITH FULL-TIME DUTY STATUS IN
 THE ARMED FORCES OF THE UNITED STATES, INCLUDING MEMBERS OF THE NATIONAL
 GUARD AND RESERVE.
   B.  "ADVERSE ACTION" - ANY ADMINISTRATIVE, CIVIL, EQUITABLE, OR CRIMI-
 NAL ACTION PERMITTED BY A MEMBER STATE'S LAWS  WHICH  IS  IMPOSED  BY  A
 LICENSING AUTHORITY OR OTHER REGULATORY BODY AGAINST A LICENSEE, INCLUD-
 ING  ACTIONS  AGAINST  AN INDIVIDUAL'S AUTHORIZATION TO PRACTICE SUCH AS
 REVOCATION, SUSPENSION, PROBATION,  SURRENDER  IN  LIEU  OF  DISCIPLINE,
 MONITORING  OF  THE  LICENSEE, LIMITATION OF THE LICENSEE'S PRACTICE, OR
 ANY OTHER ENCUMBRANCE ON LICENSURE AFFECTING AN INDIVIDUAL'S ABILITY  TO
 PRACTICE  MASSAGE  THERAPY, INCLUDING THE ISSUANCE OF A CEASE AND DESIST
 ORDER.
   C. "ALTERNATIVE PROGRAM" - A NON-DISCIPLINARY MONITORING OR PROSECUTO-
 RIAL DIVERSION PROGRAM APPROVED BY A MEMBER STATE'S LICENSING AUTHORITY.
   D. "AUTHORIZATION TO PRACTICE"- 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.
   E. "BACKGROUND CHECK" - THE  SUBMISSION  OF  AN  APPLICANT'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'S HOME
 STATE.
   F.  "CHARTER  MEMBER  STATES"  - MEMBER STATES WHO HAVE ENACTED LEGIS-
 LATION TO ADOPT THIS COMPACT WHERE SUCH LEGISLATION PREDATES THE  EFFEC-
 TIVE DATE OF THIS COMPACT AS DEFINED IN ARTICLE 12.
   G.  "COMMISSION"  - THE GOVERNMENT AGENCY WHOSE MEMBERSHIP CONSISTS OF
 ALL STATES THAT HAVE ENACTED THIS COMPACT, WHICH IS KNOWN AS THE  INTER-
 STATE  MASSAGE  COMPACT  COMMISSION,  AS DEFINED IN ARTICLE 8, AND WHICH
 SHALL OPERATE AS AN INSTRUMENTALITY OF THE MEMBER STATES.
   H. "CONTINUING COMPETENCE" - 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.
 A. 8173                             3
 
   I.  "CURRENT  SIGNIFICANT  INVESTIGATIVE  INFORMATION" - INVESTIGATIVE
 INFORMATION THAT A LICENSING AUTHORITY, AFTER  AN  INQUIRY  OR  INVESTI-
 GATION THAT COMPLIES WITH A MEMBER STATE'S DUE PROCESS REQUIREMENTS, HAS
 REASON  TO BELIEVE IS NOT GROUNDLESS AND, IF PROVED TRUE, WOULD INDICATE
 A VIOLATION OF THAT STATE'S LAWS REGARDING THE PRACTICE OF MASSAGE THER-
 APY.
   J.  "DATA  SYSTEM"  -  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.
   K.  "DISQUALIFYING  EVENT" - ANY EVENT WHICH SHALL DISQUALIFY AN INDI-
 VIDUAL FROM HOLDING A MULTISTATE LICENSE UNDER THIS COMPACT,  WHICH  THE
 COMMISSION MAY BY RULE SPECIFY.
   L. "ENCUMBRANCE" - A REVOCATION OR SUSPENSION OF, OR ANY LIMITATION OR
 CONDITION ON, THE FULL AND UNRESTRICTED PRACTICE OF MASSAGE THERAPY BY A
 LICENSING AUTHORITY.
   M.  "EXECUTIVE  COMMITTEE" - A GROUP OF DELEGATES ELECTED OR APPOINTED
 TO ACT ON BEHALF OF, AND WITHIN THE  POWERS  GRANTED  TO  THEM  BY,  THE
 COMMISSION.
   N. "HOME STATE" - MEANS THE MEMBER STATE WHICH IS A LICENSEE'S PRIMARY
 STATE  OF  RESIDENCE  WHERE  THE  LICENSEE  HOLDS AN ACTIVE SINGLE-STATE
 LICENSE.
   O. "INVESTIGATIVE INFORMATION" - INFORMATION,  RECORDS,  OR  DOCUMENTS
 RECEIVED  OR  GENERATED BY A LICENSING AUTHORITY PURSUANT TO AN INVESTI-
 GATION OR OTHER INQUIRY.
   P. "LICENSING AUTHORITY" - A STATE'S REGULATORY BODY  RESPONSIBLE  FOR
 ISSUING MASSAGE THERAPY LICENSES OR OTHERWISE OVERSEEING THE PRACTICE OF
 MASSAGE THERAPY IN THAT STATE.
   Q.  "LICENSEE"  -  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.
   R. "MASSAGE THERAPY", "MASSAGE THERAPY SERVICES", AND THE "PRACTICE OF
 MASSAGE  THERAPY"  - THE CARE AND SERVICES PROVIDED BY A LICENSEE AS SET
 FORTH IN THE MEMBER STATE'S STATUTES AND REGULATIONS IN THE STATE  WHERE
 THE SERVICES ARE BEING PROVIDED.
   S. "MEMBER STATE" - ANY STATE THAT HAS ADOPTED THIS COMPACT.
   T. "MULTISTATE LICENSE" - 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'S HOME STATE.
   U. "NATIONAL LICENSING EXAMINATION" - 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  FAIR-
 NESS,  VALIDITY  AND  RELIABILITY,  AND IS ADMINISTERED UNDER SECURE AND
 CONFIDENTIAL EXAMINATION PROTOCOLS.
   V. "REMOTE STATE" - ANY MEMBER STATE, OTHER THAN THE  LICENSEE'S  HOME
 STATE.
   W.  "RULE"  -  ANY OPINION OR REGULATION PROMULGATED BY THE COMMISSION
 UNDER THIS COMPACT, WHICH SHALL HAVE THE FORCE OF LAW.
   X. "SINGLE-STATE LICENSE" - A CURRENT, VALID AUTHORIZATION ISSUED BY A
 MEMBER STATE'S LICENSING AUTHORITY ALLOWING AN INDIVIDUAL TO FULLY PRAC-
 TICE MASSAGE THERAPY, THAT IS NOT A  RESTRICTED,  STUDENT,  PROVISIONAL,
 TEMPORARY,  OR  INACTIVE  PRACTICE AUTHORIZATION AND AUTHORIZES PRACTICE
 ONLY WITHIN THE ISSUING STATE.
   Y. "STATE" - A STATE, TERRITORY, POSSESSION OF THE UNITED  STATES,  OR
 THE DISTRICT OF COLUMBIA.
 A. 8173                             4
 
 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 APPLI-
 CANTS FOR A MULTISTATE LICENSE, AND FOR THE REPORTING OF ANY DISQUALIFY-
 ING 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 BACK-
 GROUND 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 DISCIPLI-
 NARY 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'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'S HOME STATE;
   2. HAVE COMPLETED AT LEAST SIX HUNDRED  AND  TWENTY-FIVE  (625)  CLOCK
 HOURS  OF  MASSAGE THERAPY EDUCATION OR THE SUBSTANTIAL EQUIVALENT WHICH
 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;
 A. 8173                             5

   5.  HAVE  NOT  BEEN CONVICTED OR FOUND GUILTY, OR HAVE ENTERED INTO AN
 AGREED DISPOSITION, OF A FELONY OFFENSE UNDER APPLICABLE STATE OR FEDER-
 AL CRIMINAL LAW, WITHIN FIVE (5) YEARS PRIOR TO THE DATE OF THEIR APPLI-
 CATION, 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 THEIR 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  FOLLOW-
 ING:
   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  WHICH  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 THEIR
 APPLICATION; AND
   10. PAY ALL REQUIRED FEES.
   B. A MULTISTATE LICENSE GRANTED PURSUANT TO THIS COMPACT MAY BE EFFEC-
 TIVE 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  AND
 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'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'S AUTHORIZATION
 TO PRACTICE IN THAT STATE.
 A. 8173                             6
 
   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'S HOME STATE TO TAKE ADVERSE ACTION AGAINST A LICENSEE'S MULTI-
 STATE LICENSE BASED UPON INFORMATION PROVIDED BY A REMOTE STATE.
   E.  INSOFAR  AS  PRACTICAL, A MEMBER STATE'S LICENSING AUTHORITY SHALL
 COOPERATE WITH THE COMMISSION AND WITH EACH ENTITY EXERCISING  INDEPEND-
 ENT  REGULATORY AUTHORITY OVER THE PRACTICE OF MASSAGE THERAPY ACCORDING
 TO THE PROVISIONS OF THIS COMPACT.
 ARTICLE 6 - ADVERSE ACTIONS
   A. A LICENSEE'S HOME STATE SHALL HAVE EXCLUSIVE  POWER  TO  IMPOSE  AN
 ADVERSE  ACTION  AGAINST  A  LICENSEE'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  INVES-
 TIGATIONS OF A LICENSEE PRACTICING UNDER A MULTISTATE LICENSE WHO CHANG-
 ES  THEIR  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 THER-
 APIST WHO HOLDS A MULTISTATE LICENSE.
   E. A REMOTE STATE SHALL HAVE THE AUTHORITY TO:
   1.  TAKE  ADVERSE  ACTIONS AGAINST A LICENSEE'S AUTHORIZATION TO PRAC-
 TICE;
   2. ISSUE CEASE AND  DESIST  ORDERS  OR  IMPOSE  AN  ENCUMBRANCE  ON  A
 LICENSEE'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  STAT-
 UTES 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'S AUTHORIZATION TO PRAC-
 TICE 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'S MULTISTATE LICENSE OR SINGLE-STATE LICENSE TO PRACTICE IN THE
 HOME STATE, THE LICENSEE'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'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'S
 AUTHORIZATION  TO  PRACTICE, THAT ADVERSE ACTION APPLIES TO ALL AUTHORI-
 ZATIONS TO PRACTICE IN ALL REMOTE STATES. A LICENSEE WHOSE AUTHORIZATION
 A. 8173                             7

 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'S AUTHORITY
 TO ACCEPT A LICENSEE'S PARTICIPATION IN AN ALTERNATIVE PROGRAM  IN  LIEU
 OF  ADVERSE  ACTION.  A LICENSEE'S MULTISTATE LICENSE SHALL BE SUSPENDED
 FOR THE DURATION OF THE  LICENSEE'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 INVESTI-
 GATIONS OF LICENSEES.
   2. MEMBER STATES SHALL SHARE ANY INVESTIGATIVE, LITIGATION, OR COMPLI-
 ANCE MATERIALS IN FURTHERANCE OF ANY JOINT OR  INDIVIDUAL  INVESTIGATION
 INITIATED UNDER THE COMPACT.
 ARTICLE 7 - ACTIVE MILITARY MEMBER AND THEIR SPOUSES
   ACTIVE MILITARY MEMBER, 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 THEIR HOME STATE DESIGNATION
 DURING ANY PERIOD OF SERVICE WHEN THAT INDIVIDUAL OR THEIR 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 COMMIS-
 SION. 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'S STATE LICENSING AUTHORITY.
   2. THE DELEGATE SHALL BE THE PRIMARY  ADMINISTRATIVE  OFFICER  OF  THE
 STATE LICENSING AUTHORITY OR THEIR 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'S STATE LICENSING AUTHORITY SHALL FILL ANY VACANCY
 OF ITS DELEGATE OCCURRING ON THE COMMISSION WITHIN 60 DAYS OF THE VACAN-
 CY.
   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 COMMIS-
 SION 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;
 A. 8173                             8
 
   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 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'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'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'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'S ADOPTED LANGUAGE IS MATERIALLY DIFFER-
 ENT FROM THE MODEL COMPACT LANGUAGE SUCH THAT THE STATE WOULD NOT QUALI-
 FY 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'S  RULES  AND  BYLAWS, AND OTHER SUCH DUTIES AS DEEMED NECES-
 SARY;
 A. 8173                             9
 
   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.
   C. THE COMMISSION MAY ELECT EX-OFFICIO, NONVOTING MEMBERS AS NECESSARY
 AS FOLLOWS:
   I. ONE EX-OFFICIO MEMBER WHO IS A REPRESENTATIVE OF THE NATIONAL ASSO-
 CIATION OF STATE MASSAGE THERAPY REGULATORY BOARDS
   II. ONE EX-OFFICIO MEMBER AS SPECIFIED IN THE COMMISSION'S BYLAWS.
   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 SESSION OF
 A  PUBLIC  MEETING  WHEN  DEALING  WITH ANY OF THE MATTERS COVERED UNDER
 SUBSECTION 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'S WEBSITE AT LEAST THIRTY (30) DAYS PRIOR TO
 THE PUBLIC MEETING.
   2. NOTWITHSTANDING SUBSECTION F.1 OF THIS ARTICLE, 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 ARTICLE 10.L. THE
 A. 8173                            10
 
 COMMISSION'S LEGAL COUNSEL SHALL CERTIFY THE 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, DISCIPLINE OR OTHER MATTERS, PRAC-
 TICES OR PROCEDURES RELATED  TO  SPECIFIC  EMPLOYEES  OR  OTHER  MATTERS
 RELATED TO THE COMMISSION'S INTERNAL PERSONNEL PRACTICES AND PROCEDURES;
   C. CURRENT OR THREATENED DISCIPLINE OF A LICENSEE BY THE COMMISSION OR
 BY A MEMBER STATE'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 PRIVI-
 LEGED 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  THEREFORE,  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 REVEN-
 UE, 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
 A. 8173                            11
 
 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 COMMIS-
 SION.
   H. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
   1. THE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND  REPRESEN-
 TATIVES  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
 PARAGRAPH 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  DIREC-
 TOR,  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 EMPLOY-
 MENT, 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.
   3. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY MEMBER,  OFFI-
 CER,  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 RESPONSI-
 BILITIES,  OR  THAT  SUCH  PERSON  HAD  A REASONABLE BASIS FOR BELIEVING
 OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSI-
 BILITIES, 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'S STATE ACTION IMMUNITY OR STATE ACTION AFFIRMA-
 A. 8173                            12
 
 TIVE  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 SOVER-
 EIGN 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 PARTIC-
 IPATION, 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 INFORMA-
 TION WHERE PROHIBITED BY LAW);
   6. THE EXISTENCE OF INVESTIGATIVE INFORMATION;
   7. THE EXISTENCE PRESENCE OF CURRENT SIGNIFICANT INVESTIGATIVE  INFOR-
 MATION; 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  COMMIS-
 SION  OR  AN  AGENT THEREOF, SHALL CONSTITUTE THE AUTHENTICATED BUSINESS
 RECORDS OF THE COMMISSION, AND SHALL BE ENTITLED TO ANY ASSOCIATED HEAR-
 SAY 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 EFFEC-
 TIVELY  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
 A. 8173                            13
 
 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'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 PLAT-
 FORM;
   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 COMMIS-
 SION 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.
 A. 8173                            14
 
   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 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  GRAM-
 MATICAL  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 MATERI-
 AL  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 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 COMMIS-
 SION 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
 A. 8173                            15
 
 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, PRIVI-
 LEGES AND BENEFITS CONFERRED ON THAT STATE BY THIS COMPACT MAY BE TERMI-
 NATED 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 STATE LICENSING AUTHORITY
 AND EACH OF THE MEMBER STATES' STATE LICENSING AUTHORITY.
   E. A STATE THAT HAS BEEN TERMINATED IS  RESPONSIBLE  FOR  ALL  ASSESS-
 MENTS,  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'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, INCLUD-
 ING 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
   1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS DISCRETION, SHALL
 ENFORCE THE PROVISIONS OF THIS COMPACT AND THE COMMISSION'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'S
 FEES.  THE  REMEDIES  HEREIN  SHALL NOT BE THE EXCLUSIVE REMEDIES OF THE
 A. 8173                            16

 COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER
 FEDERAL OR THE DEFAULTING MEMBER STATE'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'S
 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  TERMI-
 NATED  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 ARTICLE 8.C.23 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  FURTHER-
 ANCE  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  COMMIS-
 SION'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 STAT-
 UTE REPEALING THAT STATE'S ENACTMENT OF THE COMPACT.
   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 WITH-
 DRAWING STATE'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  LICEN-
 SEES WITHIN THAT STATE.  NOTWITHSTANDING ANY SUBSEQUENT STATUTORY ENACT-
 MENT TO THE CONTRARY, SUCH WITHDRAWING STATE SHALL CONTINUE TO RECOGNIZE
 ALL  LICENSES GRANTED PURSUANT TO THIS COMPACT FOR A MINIMUM OF 180 DAYS
 AFTER THE DATE OF SUCH NOTICE OF WITHDRAWAL.
 A. 8173                            17
 
   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'S RULEMAKING AUTHORITY SHALL BE
 LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE PURPOSES, AND THE  IMPLEMEN-
 TATION  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 ARTICLE,  THE  COMMISSION  MAY
 DENY  A  STATE'S PARTICIPATION IN THE COMPACT OR, IN ACCORDANCE WITH THE
 REQUIREMENTS OF ARTICLE 11.B, 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 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.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  one  of this act shall take effect as specifically set forth in
 such section.