SB 160

SB160 ENROLLED
1 SB160
2 ARZEB7S-2
3 By Senators Woods, Orr, Barfoot, Albritton, Bell
4 RFD: Fiscal Responsibility and Economic Development
5 First Read: 14-Jan-26
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1 Enrolled, An Act,
2
3
4Relating to athletic trainers; to adopt the Athletic
5 Trainer Compact as Article 3 of Chapter 40 of Title 34, Code
6 of Alabama 1975; to allow licensed athletic trainers to
7 practice among compact states; to establish requirements and
8 obligations for participation in the compact; to provide for
9 disciplinary actions and joint investigation procedures; and
10 to establish and provide for the operation of the Athletic
11 Trainer Compact Commission and enforcement of the compact
12 among member states.
13 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
14Section 1. Article 3, commencing with Section 34-40-60,
15 is added to Chapter 40 of Title 34, Code of Alabama 1975, to
16 read as follows:
17Article 3 ATHLETIC TRAINER COMPACT
18§34-40-60 Title and purpose.
19(a) This article shall be known and cited as the
20 Athletic Trainer Compact. The purposes of this compact are to
21 expand mobility of athletic training practice and improve
22 public access to services by providing qualified licensed
23 athletic trainers the ability to practice in other member
24 states. This compact preserves the regulatory authority of
25 states to protect public health and safety through the current
26 system of state licensure.
27(b) This compact is designed to achieve the following
28 objectives:
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29(1) Increase public access to athletic training and
30 enhance continuity of care by providing for the mutual
31 recognition of other licenses issued by member states.
32(2) Provide an additional streamlined opportunity for
33 interstate practice by licensed athletic trainers who meet
34 compact uniform requirements.
35(3) Promote mobility and workforce development by
36 eliminating the necessity for licenses in multiple states by
37 providing for the mutual recognition of other licenses issued
38 by member states.
39(4) Reduce administrative burdens on licensed athletic
40 trainers and member states.
41(5) Enhance the states' ability to protect the public's
42 health and safety.
43(6) Encourage the cooperation of member states in
44 regulating interstate practice of licensed athletic trainers.
45(7) Support relocating active military members and
46 their spouses.
47(8) Enhance the exchange of licensure, investigative,
48 and disciplinary information among member states.
49(9) Allow for the use of telehealth to facilitate
50 increased access to athletic training services.
51(10) Support the uniformity of licensed athletic
52 trainer licensure requirements throughout the states.
53(11) Affirm the authority of all member states to hold
54 a licensed athletic trainer accountable for abiding by the
55 scope of practice in the state in which the patient is located
56 at the time of care.
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57(12) Require adherence to the model compact language in
58 order to promote uniformity and ensure that all member states
59 have accepted and are mutually obligated to the same terms.
60§34-40-61 Definitions.
61As used in this compact, unless the context requires
62 otherwise, the following terms have the following meanings:
63(1) ACTIVE MILITARY MEMBER. Any individual with
64 full-time duty status in the active Armed Forces of the United
65 States, including members of the National Guard and Reserve.
66(2) ADVERSE ACTION. Any administrative, civil,
67 equitable, or criminal action permitted by a state's laws
68 which is imposed by a licensing authority or other authority
69 against a licensee, including actions against an individual's
70 license or compact privilege such as revocation, suspension,
71 probation, monitoring of the licensee, limitation on the
72 licensee's practice, or any other encumbrance on licensure
73 affecting a licensee's authorization to practice.
74(3) ALTERNATIVE PROGRAM. A nondisciplinary monitoring
75 or practice remediation process applicable to an athletic
76 trainer approved by a state licensing authority of a member
77 state in which the athletic trainer is licensed. This
78 includes, but is not limited to, programs to which licensees
79 with substance use, addiction, or mental health conditions are
80 referred in lieu of adverse action.
81(4) ATHLETIC TRAINER COMPACT COMMISSION or COMPACT
82 COMMISSION. The government agency whose membership consists of
83 all states that have enacted this compact, as described in
84 this compact and which shall operate as an instrumentality of
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85 the member states to administer and implement the compact
86 according to its terms.
87(5) ATHLETIC TRAINING. The prevention, examination,
88 assessment, treatment, and rehabilitation of emergent, acute,
89 or chronic injuries and medical conditions as defined by
90 applicable member state laws and rules.
91(6) BOC. The Board of Certification, Inc., or any
92 successor organization thereto.
93(7) CAATE. The Commission on Accreditation of Athletic
94 Training Education or any successor organization thereto.
95(8) CHARTER MEMBER STATE. Any member state which
96 enacted and made effective this compact by law before the
97 compact effective date specified in this compact.
98(9) COMMISSIONER. The individual appointed by a member
99 state to serve as the member of the commission for that member
100 state.
101(10) COMPACT PRIVILEGE. The legal authorization granted
102 by a remote state, equivalent to a license, allowing a
103 licensee from another member state to provide athletic
104 training services in a remote state.
105(11) COMPACT QUALIFYING LICENSE. A license that is not
106 an encumbered license issued by a member state to practice
107 athletic training which qualifies the licensee to exercise a
108 compact privilege pursuant to Section 34-40-63.
109(12) CONTINUING COMPETENCE. A requirement, as a
110 condition of license renewal, to provide evidence of
111 successful participation and completion of educational and
112 professional activities relevant to practice or area of work.
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113 For purposes of this compact, evidence of active BOC
114 certification may satisfy the meaning of continuing competence
115 as set forth in this compact.
116(13) CRIMINAL BACKGROUND CHECK. The submission of
117 fingerprints or other biometric-based information for a
118 license applicant for the purpose of obtaining that
119 applicant's criminal history record information, as defined in
120 28 C.F.R. § 20.3(d) from the Federal Bureau of Investigation
121 and the state's criminal history record repository as defined
122 in 28 C.F.R. § 20.3(f).
123(14) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION. The
124 existence of:
125a. Investigative information that a licensing
126 authority, after a preliminary inquiry that includes
127 notification and an opportunity for the subject licensee to
128 respond, if required by state law, has reason to believe is
129 not groundless and, if proven true, would indicate more than a
130 minor infraction; or
131b. Investigative information that indicates that the
132 subject licensee represents an immediate threat to public
133 health and safety regardless of whether the subject licensee
134 has been notified and had an opportunity to respond.
135(15) DATA SYSTEM. The commission's repository of
136 information about licensees, including, but not limited to,
137 examination, licensure, investigative, compact privilege,
138 adverse action, and alternative program.
139(16) ENCUMBRANCE or ENCUMBERED. A revocation or
140 suspension of, or any limitation or condition on, the full and
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141 unrestricted practice of athletic training.
142(17) EXECUTIVE COMMITTEE. A group of commissioners
143 elected or appointed to act on behalf of, and within the
144 powers granted to them by, the compact and commission.
145(18) INVESTIGATIVE INFORMATION. Information, records,
146 and documents received or generated by a licensing authority
147 pursuant to an investigation.
148(19) JURISPRUDENCE REQUIREMENT. The assessment of an
149 individual's knowledge of the laws and rules governing the
150 practice of athletic training, as applicable, in a state.
151(20) LICENSE. The current authorization by a member
152 state to engage in the practice of athletic training.
153(21) LICENSEE or LICENSED ATHLETIC TRAINER. An
154 individual who currently holds an active, unrestricted license
155 and who meets all of the requirements outlined in Section
156 34-40-63.
157(22) LICENSING AUTHORITY. The board or agency of a
158 state, or equivalent, that is responsible for the licensing
159 and regulation of athletic trainers.
160(23) MEMBER STATE. A state that has enacted this
161 compact.
162(24) MODEL COMPACT LANGUAGE. The model language for the
163 athletic trainer compact on file with the council of state
164 governments or other entity as designated by the commission to
165 which all member states must substantively adhere and adopt.
166(25) REMOTE STATE. A member state other than the state
167 of qualifying licensure.
168(26) RULE. A regulation adopted by an authorized entity
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169 that has the force of law.
170(27) SCOPE OF PRACTICE. The procedures, actions, and
171 processes an athletic trainer licensed in a state is permitted
172 to undertake in that state and the circumstances under which
173 the licensee is permitted to undertake those procedures,
174 actions, and processes. The procedures, actions, and
175 processes, and the circumstances under which they may be
176 undertaken may be established through means, including, but
177 not limited to, statute, rules, case law, and other processes
178 available to the state licensing authority or other government
179 agency. Scope of practice shall include any state requirements
180 regarding supervision or direction, if required by the state
181 and as further defined by the state's statutes and rules.
182(28) SINGLE STATE LICENSE. A license issued by any
183 state that authorizes practice only within the issuing state.
184(29) STATE. Any state, commonwealth, district, or
185 territory of the United States of America.
186(30) STATE OF QUALIFYING LICENSURE. The member state
187 which has issued a compact qualifying license to a licensee
188 pursuant to this compact.
189(31) UNENCUMBERED LICENSE. A license that authorizes a
190 licensee to engage in the full and unrestricted practice of
191 athletic training.
192§34-40-62 State participation in the compact.
193(a) To be eligible to join this compact and to maintain
194 eligibility as a member state, a state must:
195(1) Enact and maintain a statute that is not materially
196 different from the model compact language;
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197(2) License and regulate the practice of athletic
198 training;
199(3) Require that licensees in that state maintain
200 continuing competence standards as part of their state
201 practice act or rules;
202(4) Have a mechanism in place for receiving and
203 investigating complaints about licensees;
204(5) Grant the compact privilege to a licensee who meets
205 all the requirements outlined in Section 34-40-63 in
206 accordance with the terms of the compact and any rules adopted
207 thereunder;
208(6) Participate fully in the compact commission's data
209 system, including using the unique identifier as defined in
210 rules;
211(7) Notify the compact commission, in compliance with
212 the terms of the compact and rules, of any adverse action or
213 the availability of current significant investigative
214 information regarding a licensee;
215(8) Within a time frame established by rule, implement
216 or utilize procedures for considering the criminal history
217 records of applicants for a compact qualifying license which
218 includes receiving the results of the Federal Bureau of
219 Investigation record search and use those results in making
220 licensure decisions. These procedures shall include the
221 submission of fingerprints or other biometric-based
222 information by applicants for the purpose of obtaining an
223 applicant's criminal history record information from the
224 Federal Bureau of Investigation and the agency responsible for
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225 retaining that state's criminal records;
226a. A member state must fully implement a criminal
227 background check requirement in order to participate in the
228 issuance and acceptance of compact privileges.
229b. Communication between a member state and the compact
230 commission or among member states regarding the verification
231 of eligibility for licensure through the compact shall not
232 include any information received from the Federal Bureau of
233 Investigation relating to a federal criminal records check
234 performed by a member state; and
235(9) Comply with and enforce the rules of the compact
236 commission.
237(b) Member states may set and collect a fee for
238 issuance and renewal of a compact privilege to applicants.
239(c) Individuals without a compact qualifying license
240 shall continue to be able to apply for a member state's single
241 state license as provided under the laws of each member state.
242(d) Nothing in this compact shall affect the
243 requirements established by a member state for the issuance of
244 a single state license.
245(e) A compact qualifying license shall be recognized by
246 each remote state as authorizing that licensee to engage in
247 the practice of athletic training, under a compact privilege,
248 in another member state in accordance with the requirements in
249 Section 34-40-63.
250§34-40-63 Compact privilege.
251(a) To be eligible for a compact privilege under the
252 terms and provisions of this compact, the licensee shall
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253 complete a criminal background check performed by the
254 licensing authority in the state of qualifying licensure
255 before entry in the compact and shall:
256(1) Satisfy one of the following two pathways:
257a. Hold a valid current active certification through
258 BOC.
259b. If a licensee does not meet the requirements of
260 paragraph a., the following must be completed:
2611. An education program which is either:
262(i) At least a bachelor's degree with a major course of
263 study in athletic training, an equivalent course of study from
264 a college or university accredited at the time of graduation
265 by CAATE;
266(ii) An academic degree from a college or university in
267 a foreign country equivalent to the degree described in item
268 (i) with a major course of study as described in item (i) that
269 is accredited by CAATE; or
270(iii) The substantial equivalent of the foregoing which
271 the commission may determine by rule.
2722. Successful completion of the exam administered by
273 BOC, preceding the date of the licensee's application for
274 licensure in his or her state of qualifying licensure or the
275 substantial equivalent of the foregoing requirement which the
276 commission may determine by rule;
277(2) Hold a compact qualifying license;
278(3) Have not had any encumbrance against any license or
279 compact privilege to practice athletic training within the
280 previous two years;
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281(4) Be eligible for a compact privilege in any member
282 state in accordance with this section;
283(5) Notify the compact commission that the licensee is
284 seeking the compact privilege within a remote state or remote
285 states;
286(6) Pay any applicable fees, including any state fee,
287 for the compact privilege;
288(7) Meet only the continuing competence requirements
289 established by the state of qualifying licensure;
290(8) Comply with any requirements of the state of
291 qualifying licensure as set forth in Section 34-40-62;
292(9) Meet any jurisprudence requirements established by
293 the remote state or remote states in which the licensee is
294 seeking a compact privilege; and
295(10) Report to the compact commission any adverse
296 action, encumbrance, or restriction on a license taken by any
297 non-member state within 30 days from the date the action is
298 taken.
299(b) The compact privilege is valid until the expiration
300 date of the compact qualifying license. To maintain a compact
301 privilege, renewal of the compact privilege shall be congruent
302 with the renewal of the compact qualifying license as the
303 compact commission may define by rule. The licensee must
304 comply with the requirements of this section to maintain the
305 compact privilege in the remote state. A licensee may apply
306 for and hold compact privileges in multiple member states.
307(c) A licensed athletic trainer must follow the scope
308 of practice of the member state where the patient is located.
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309 A licensee engaging in the practice of athletic training in a
310 remote state under the compact privilege shall adhere to the
311 scope of practice laws and rules of the remote state.
312 Licensees shall be responsible for educating themselves on,
313 and complying with, any and all scope of practice laws and
314 rules and state laws relating to the remote practice of
315 athletic training, as applicable.
316(d) A licensee engaging in the practice of athletic
317 training in a remote state is subject to that state's
318 regulatory authority. A remote state, in accordance with due
319 process and that state's laws, may remove a licensee's compact
320 privilege in the remote state for a specific period of time,
321 impose fines, or take any other necessary actions to protect
322 the health and safety of its residents. Any member state which
323 undertakes such an action shall promptly notify the member
324 state and the commission as specified in the rules. The
325 licensee may be deemed to be ineligible to exercise the
326 compact privilege by any member state until the specific time
327 for removal has passed and all fines are paid.
328(e) All member state disciplinary orders that impose
329 adverse action against a compact qualifying license shall
330 result in deactivation of the licensee's compact privilege in
331 all member states during the pendency of the order. If a
332 compact qualifying license is encumbered, the licensee shall
333 lose the compact privilege in any remote state until the
334 following occur:
335(1) The compact qualifying license is no longer
336 encumbered.
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337(2) The licensee has not had any encumbrance or
338 restriction against any license, compact qualifying license,
339 or compact privilege within the previous two years.
340(f) Once an encumbered license is restored to good
341 standing as a compact qualifying license, as certified by the
342 licensing authority, the licensee must meet the requirements
343 of this section to obtain a compact privilege in any remote
344 state.
345(g) If a licensee's compact privilege in any remote
346 state is removed, that licensee may also lose the compact
347 privilege in other remote states, as each member state shall
348 determine in its sole authority, until the following occur:
349(1) The specific period of time for which the compact
350 privilege was removed has ended.
351(2) All fines have been paid.
352(3) The licensee has not had any encumbrance or
353 restriction against any license or compact privilege within
354 the previous two years.
355(h) Once the requirements of subsection (g) have been
356 met, the licensee must meet the requirements in subsection (a)
357 to obtain a compact privilege in a remote state.
358§34-40-64 Compact qualification.
359(a) A licensee may only designate one license as his or
360 her compact qualifying license at a time. The procedures for
361 the designation may be further defined by compact commission
362 rule.
363(b) Nothing in this section shall require that the
364 state of qualifying licensure be the state of primary
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365 residence or state of primary practice for the licensee.
366(c) Nothing in this compact shall interfere with a
367 licensee's ability to hold a single state license in multiple
368 states.
369(d) Nothing in this compact shall affect the
370 requirements established by a member state for the issuance of
371 a single state license.
372§34-40-65 Active military member or his or her spouse.
373An active military member or his or her spouse shall
374 not be required to pay a fee to the commission for a compact
375 privilege. If a member state chooses to charge a member state
376 fee, the member state may choose to charge a reduced fee or no
377 fee to an active military member or his or her spouse for a
378 compact privilege.
379§34-40-66 Adverse actions.
380(a) A member state in which a licensee is issued a
381 compact qualifying license shall have the exclusive authority
382 to impose adverse action against the compact qualifying
383 license issued by that member state.
384(b) A member state may take adverse action based on
385 current significant investigative information of a remote
386 state, so long as the member state follows its own procedures
387 for imposing adverse action.
388(c) Nothing in this compact shall override a member
389 state's decision that participation in an alternative program
390 may be used in lieu of adverse action and that such
391 participation shall remain nonpublic if required by the member
392 state's laws or rules.
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393(d) A remote state shall have the authority to:
394(1) Take adverse actions as set forth in this compact
395 against a licensee's compact privilege in that state; and
396(2) Issue subpoenas for both hearings and
397 investigations that require the attendance and testimony of
398 witnesses as well as the production of evidence.
399a. Subpoenas may be issued by a member state athletic
400 training licensing authority for the attendance and testimony
401 of witnesses and the production of evidence.
402b. A member state which issues a subpoena may request
403 service of that subpoena by another member state. The member
404 state receiving the request to serve a subpoena shall serve
405 the subpoena if the subpoena is deemed enforceable by a court
406 of competent jurisdiction according to the practice and
407 procedure in the receiving member state.
408c. The issuing authority shall pay any witness fees,
409 travel expenses, mileage, and other fees required by the
410 service statutes of the state where the witnesses or evidence
411 are located.
412(e) For purposes of taking adverse action, a member
413 state shall give the same priority and effect to reported
414 conduct received from another member state as it would if the
415 conduct had occurred within that state. In so doing, the
416 investigating member state shall apply its own state laws to
417 determine appropriate action.
418(f) A member state, if otherwise permitted by state
419 law, may recover from the affected licensee the costs of
420 investigations and dispositions of cases resulting from any
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421 adverse action taken against that licensee.
422(g) Joint investigations.
423(1) In addition to the authority granted to a member
424 state by its respective state law, any member state may
425 participate with other member states in joint investigations
426 of licensees.
427(2) Member states shall share any current significant
428 investigative information, litigation, or compliance materials
429 in furtherance of any joint or individual investigation
430 initiated under this compact. In sharing this information
431 between member state athletic trainer licensing authorities,
432 all information obtained shall be kept confidential, except as
433 otherwise mutually agreed upon by the sharing and receiving
434 member state or member states.
435(3) A remote state may issue subpoenas on behalf of a
436 member state for both hearings and investigations that require
437 the attendance and testimony of witnesses as well as the
438 production of evidence.
439(h) If a member state takes adverse action, the member
440 state shall promptly notify the administrator of the data
441 system. The administrator of the data system shall promptly
442 notify all member states of any adverse actions by remote
443 states.
444(i) Nothing in this compact may permit a member state
445 to take any adverse action against a licensee or holder of a
446 compact privilege for conduct or practice occurring in another
447 member state that was legal in the member state at the time it
448 was undertaken.
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449§34-40-67 Establishment and operation of the
450 commission.
451(a) The compact member states hereby create and
452 establish a joint government agency whose membership consists
453 of all member states that have enacted this compact known as
454 the Athletic Trainer Licensure Compact Commission. The compact
455 commission is an instrumentality of the member states acting
456 jointly and not an instrumentality of any one state. The
457 compact commission shall come into existence on or after the
458 effective date of the compact as set forth in Section
459 34-40-71.
460(b) Membership, voting, and meetings.
461(1) Each member state shall have and be limited to one
462 commissioner selected by that member state's licensing
463 authority within 60 days of the member state's effective date.
464(2) The commissioner shall be an administrator or his
465 or her designated staff or current board member of the
466 licensing authority.
467(3) The compact commission may recommend removal or
468 suspension of any commissioner from office.
469(4) A member state's licensing authority shall fill any
470 vacancy of its commissioner occurring on the compact
471 commission within 60 days of the vacancy.
472(5) Each commissioner shall be entitled to one vote on
473 all matters before the compact commission requiring a vote by
474 the commissioners.
475(6) The compact commission shall meet at least once
476 during each calendar year. Additional meetings may be held as
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477 set forth in the commission bylaws. A commissioner shall vote
478 in person or by other means as provided in the bylaws. The
479 bylaws may provide for commissioners to meet by
480 telecommunication, videoconference, or other means of
481 communication.
482(c) The compact commission shall have the following
483 powers:
484(1) Adopt and amend rules and bylaws.
485(2) Establish code of conduct, confidentiality, and
486 conflict of interest policies for commissioners.
487(3) Establish the fiscal year of the compact
488 commission.
489(4) Maintain commission financial records in accordance
490 with the bylaws.
491(5) Purchase and maintain insurance and insurance
492 bonds.
493(6) Accept or contract for services of personnel,
494 including, but not limited to, employees of a member state.
495(7) Conduct a financial review or audit.
496(8) Hire employees, elect or appoint officers, fix
497 compensation, define duties, grant such individuals
498 appropriate authority to carry out the purposes of the
499 compact, and establish the compact commission's personnel
500 policies and programs relating to conflicts of interest,
501 qualifications of personnel, and other related personnel
502 matters.
503(9) Enter into contracts or arrangements for the
504 management of the affairs of the commission.
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505(10) Assess and collect fees.
506(11) Accept any and all appropriate gifts, donations,
507 grants of money, other sources of revenue, equipment,
508 supplies, materials, and services, and receive, utilize, and
509 dispose of the same, provided that at all times the compact
510 commission shall avoid any appearance of impropriety or
511 conflict of interest.
512(12) Lease, purchase, retain, own, hold, improve,
513 invest, or use any property, real, personal, or mixed, or any
514 undivided interest therein.
515(13) Sell, convey, mortgage, pledge, lease, exchange,
516 abandon, or otherwise dispose of any property real, personal,
517 or mixed.
518(14) Establish a budget and make expenditures.
519(15) Borrow and invest money.
520(16) Meet and take actions that are consistent with
521 this compact, the compact commission's rules, and the bylaws.
522(17) Initiate and conclude legal proceedings or actions
523 in the name of the compact commission, provided that the
524 standing of any licensing authority to sue or be sued under
525 applicable law shall not be affected.
526(18) Maintain and certify records and information
527 provided to a member state as the authenticated business
528 records of the compact commission, and designate an agent to
529 do so on the compact commission's behalf.
530(19) Provide and receive information from, and
531 cooperate with, law enforcement agencies.
532(20) Determine whether a state's adopted language is
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533 materially different from the model compact language such that
534 the state would not qualify for participation in the compact.
535(21) Establish and elect an executive committee,
536 including a chair and a vice chair, secretary, treasurer, and
537 other offices that the commission shall establish by rule or
538 bylaw.
539(22) Appoint committees, including standing committees,
540 composed of member state commissioners, state regulators,
541 state legislators or their representatives, and consumer
542 representatives, and other interested persons that may be
543 designated in this compact and the bylaws.
544(23) Perform other functions that may be necessary or
545 appropriate to achieve the purposes of this compact.
546(d) The executive committee.
547(1) The executive committee shall have the power to act
548 on behalf of the compact commission according to the terms of
549 this compact. The powers, duties, and responsibilities of the
550 executive committee shall include:
551a. Exercise the powers and duties of the compact
552 commission during the interim between compact commission
553 meetings, except for adopting or amending rules, adopting or
554 amending bylaws, and exercising any other powers and duties
555 expressly reserved to the compact commission by rule or bylaw;
556b. Oversee the day-to-day activities of the
557 administration of this compact including enforcement and
558 compliance with this compact, its rules and bylaws, and other
559 duties as deemed necessary;
560c. Recommend to the compact commission changes to the
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561 rules or bylaws, changes to this compact legislation, fees
562 charged to compact member states, fees charged to licensees,
563 and other fees;
564d. Ensure compact administration services are
565 appropriately provided, including by contract;
566e. Prepare and recommend the budget;
567f. Maintain financial records on behalf of the compact
568 commission;
569g. Monitor compact compliance of member states and
570 provide compliance reports to the compact commission;
571h. Establish additional committees as necessary; and
572i. Other duties as provided in the rules or bylaws of
573 the compact commission.
574(2) The executive committee shall be composed of five
575 voting members, elected by the compact commission:
576a. The chair and vice chair of the compact commission
577 shall be voting members of the executive committee;
578b. The compact commission shall elect up to three
579 additional voting members from the current membership of the
580 compact commission to include the offices of treasurer,
581 secretary, and one member-at-large; and
582c. Up to four ex officio, nonvoting members from
583 recognized national athletic trainer organizations.
584(3) The compact commission may remove any member of the
585 executive committee as provided in the compact commission's
586 bylaws.
587(4) The executive committee shall meet at least
588 annually:
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589a. Executive committee meetings shall be open to the
590 public, except that the executive committee may meet in a
591 closed, nonpublic meeting as provided in this section;
592b. The executive committee shall give advance notice of
593 its meetings, posted on its website and as determined, by rule
594 or bylaw, to provide notice to persons with an interest in the
595 business of the compact commission; and
596c. The executive committee may hold a special meeting
597 in accordance with this section.
598(e) The compact commission shall adopt and provide to
599 the member states an annual report.
600(f) Meetings of the compact commission.
601(1) All meetings shall be open to the public, except
602 that the compact commission may meet in a closed, nonpublic
603 meeting as provided in this section.
604(2) Public notice for all meetings of the full compact
605 commission shall be given in the same manner as required under
606 the rulemaking provisions in this compact, except that the
607 compact commission may hold a special meeting as provided in
608 this section.
609(3) The compact commission may hold a special meeting
610 when it must meet to conduct emergency business by giving
611 24-hours' notice to all commissioners, on the compact
612 commission's website, and other means as provided in the
613 compact commission's rules. The compact commission's legal
614 counsel shall certify that the compact commission's need to
615 meet qualifies as an emergency.
616(4) The compact commission or the executive committee
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617 or other committees of the compact commission may convene in a
618 closed, nonpublic meeting for the compact commission or
619 executive committee or other committees of the compact
620 commission to receive legal advice or to discuss:
621a. Noncompliance of a member state with its obligations
622 under this compact;
623b. The employment, compensation, discipline or other
624 matters, practices, or procedures related to specific
625 employees;
626c. Current or threatened discipline of a licensee by a
627 member state's licensing authority;
628d. Current, threatened, or reasonably anticipated
629 litigation;
630e. Negotiation of contracts for the purchase, lease, or
631 sale of goods, services, or real estate;
632f. Accusing any person of a crime or formally censuring
633 any person;
634g. Trade secrets or commercial or financial information
635 that is privileged or confidential;
636h. Information of a personal nature where disclosure
637 would constitute a clearly unwarranted invasion of personal
638 privacy;
639i. Investigative records compiled for law enforcement
640 purposes;
641j. Information related to any investigative reports
642 prepared by or on behalf of or for the use of the compact
643 commission or other committee charged with the responsibility
644 of investigation or determination of compliance issues
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645 pursuant to this compact;
646k. Matters specifically exempted from disclosure by
647 federal or member state law; or
648l. Other matters as specified in rules of the compact
649 commission.
650(5) If a meeting, or portion of a meeting, is closed,
651 the compact commission's legal counsel or designee shall
652 certify that the meeting will be closed and reference each
653 relevant exempting provision, and the reference shall be
654 recorded in the minutes. All minutes and documents of a closed
655 meeting shall remain under seal, subject to release only by a
656 majority vote of the compact commission or order of a court of
657 competent jurisdiction.
658(g) Financing of the compact commission.
659(1) The compact commission shall pay, or provide for
660 the payment of, the reasonable expenses of its establishment,
661 organization, and ongoing activities.
662(2) The compact commission may accept any and all
663 appropriate revenue sources as provided in this section.
664(3) The compact commission may levy on and collect an
665 annual assessment from each member state and impose fees on
666 licensees of member states to whom it grants a compact
667 privilege to cover the cost of the operations and activities
668 of the compact commission and its staff, which must be in a
669 total amount sufficient to cover its annual budget as approved
670 each year for which revenue is not provided by other sources.
671 The aggregate annual assessment amount for member states shall
672 be allocated based upon a formula that the compact commission
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673 shall adopt by rule.
674(4) The compact commission shall not incur obligations
675 of any kind prior to securing the funds or a loan adequate to
676 meet the same; nor shall the compact commission pledge the
677 credit of any of the member states, except by and with the
678 authority of the member state.
679(5) The compact commission shall keep accurate accounts
680 of all receipts and disbursements. The receipts and
681 disbursements of the compact commission shall be subject to
682 the financial review or audit and accounting procedures
683 established under its bylaws. However, all receipts and
684 disbursements of funds handled by the compact commission shall
685 be subject to an annual financial review or audit by a
686 certified or licensed public accountant, and the report of the
687 financial review or audit shall be included in and become part
688 of the annual report of the compact commission.
689(h) Qualified immunity, defense, and indemnification.
690(1) The members, officers, executive director,
691 employees, and representatives of the compact commission shall
692 be immune from suit and liability, both personally and in
693 their official capacity, for any claim for damage to or loss
694 of property or personal injury or other civil liability caused
695 by or arising out of any actual or alleged act, error, or
696 omission that occurred, or that the person against whom the
697 claim is made had a reasonable basis for believing occurred
698 within the scope of compact commission employment, duties, or
699 responsibilities, provided that nothing in this subdivision
700 shall be construed to protect any person from suit or
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701 liability for any damage, loss, injury, or liability caused by
702 the intentional or willful or wanton misconduct of that
703 person. The procurement of insurance of any type by the
704 compact commission shall not in any way compromise or limit
705 the immunity granted under this subdivision.
706(2) The compact commission shall defend any member,
707 officer, executive director, employee, and representative of
708 the compact commission in any civil action seeking to impose
709 liability arising out of any actual or alleged act, error, or
710 omission that occurred within the scope of compact commission
711 employment, duties, or responsibilities, or as determined by
712 the compact commission that the person against whom the claim
713 is made had a reasonable basis for believing occurred within
714 the scope of compact commission employment, duties, or
715 responsibilities, provided that nothing in this subdivision
716 shall be construed to prohibit that person from retaining his
717 or her own counsel at his or her own expense, and provided
718 further that the actual or alleged act, error, or omission did
719 not result from that person's intentional or willful or wanton
720 misconduct.
721(3) The compact commission shall indemnify and hold
722 harmless any member, officer, executive director, employee,
723 and representative of the compact commission for the amount of
724 any settlement or judgment obtained against that person
725 arising out of any actual or alleged act, error, or omission
726 that occurred within the scope of compact commission
727 employment, duties, or responsibilities, or that such person
728 had a reasonable basis for believing occurred within the scope
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729 of compact commission employment, duties, or responsibilities,
730 provided that the actual or alleged act, error, or omission
731 did not result from the intentional or willful or wanton
732 misconduct of that person.
733(4) Nothing in this subsection shall be construed as a
734 limitation on the liability of any licensee for professional
735 malpractice or misconduct, which shall be governed solely by
736 any other applicable state laws.
737(5) Nothing in this compact shall be interpreted to
738 waive or otherwise abrogate a member state's state action
739 immunity or state action affirmative defense with respect to
740 antitrust claims under the Sherman Act, Clayton Act, or any
741 other state or federal antitrust or anticompetitive law, rule,
742 or regulation.
743(6) Nothing in this compact shall be construed to be a
744 waiver of sovereign immunity by the member states or by the
745 compact commission.
746§34-40-68 Data system.
747(a) The commission shall provide for the development,
748 maintenance, operation, and utilization of a coordinated data
749 system and reporting system containing licensure, compact
750 privileges, adverse action, and the presence of current
751 significant investigative information on all licensees and
752 applicants for a license in member states.
753(b) Notwithstanding any other provision of state law to
754 the contrary, a member state shall submit a uniform data set
755 to the data system on all licensees, applicants, and others to
756 whom this compact is applicable as required by the rules of
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757 the compact commission, including:
758(1) Personally identifying information;
759(2) Licensure data;
760(3) Adverse actions against a licensee, license
761 applicant, or compact privilege and information related
762 thereto;
763(4) Nonconfidential information related to alternative
764 program participation, the beginning and ending dates of the
765 participation, and other information related to the
766 participation;
767(5) Any denial of an application for licensure, and the
768 reasons for the denial, excluding the reporting of any
769 criminal history record information where prohibited by law;
770(6) A binary determination regarding the presence of
771 current significant investigative information; and
772(7) Other information that may facilitate the
773 administration of this compact or the protection of the
774 public, as determined by the rules of the commission.
775(c) The records and information provided to a member
776 state pursuant to this compact or through the data system,
777 when certified by the commission or an agent thereof, shall
778 constitute the authenticated business records of the
779 commission, and shall be entitled to any associated hearsay
780 exception in any relevant judicial, quasi-judicial, or
781 administrative proceedings in a member state.
782(d) Current significant investigative information
783 pertaining to a licensee in any member state will only be
784 available to other member states.
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785(e) It is the responsibility of the member states to
786 monitor the data system to determine whether adverse action
787 has been taken against a licensee or license applicant.
788 Adverse action information pertaining to a licensee or license
789 applicant in any member state will be available to any other
790 member state.
791(f) Member states contributing information to the data
792 system may designate information that may not be shared with
793 the public without the express permission of the contributing
794 state.
795(g) Any information submitted to the data system that
796 is subsequently expunged pursuant to federal law or the laws
797 of the member state contributing the information shall be
798 removed from the data system.
799§34-40-69 Rulemaking.
800(a) The compact commission shall adopt reasonable rules
801 in order to effectively and efficiently implement and
802 administer the purposes and provisions of this compact. A rule
803 shall be invalid and have no force or effect only if a court
804 of competent jurisdiction holds that the rule is invalid
805 because the compact commission exercised its rulemaking
806 authority in a manner that is beyond the scope and purposes of
807 the compact, or the powers granted hereunder, or based upon
808 another applicable standard of review.
809(b) The rules of the compact commission shall have the
810 force of law in each member state, provided that where the
811 rules conflict with the laws or rules of a member state that
812 relate to the scope of practice a licensed athletic trainer is
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813 permitted to undertake in that state and the circumstances
814 under which they may do so, as held by a court of competent
815 jurisdiction, the rules of the compact commission shall be
816 ineffective in that state to the extent of the conflict.
817(c) The compact commission shall exercise its
818 rulemaking powers pursuant to the criteria set forth in this
819 section and the rules adopted thereunder. Rules of this
820 compact shall become binding on the day following adoption or
821 as of the date specified in the rule or amendment, whichever
822 is later.
823(d) If a majority of the legislatures of the member
824 states rejects a rule, or portion of a rule, by enactment of a
825 statute or resolution in the same manner used to adopt the
826 compact within four years of the date of adoption of the rule,
827 then the rule shall have no further force and effect in any
828 member state.
829(e) Rules shall be adopted at a regular or special
830 meeting of the compact commission.
831(f) Prior to adoption of a proposed rule, the compact
832 commission shall hold a public hearing and allow persons to
833 provide oral and written comments, data, facts, opinions, and
834 arguments. At least 30 days in advance of the public hearing
835 on the proposed rule, the compact commission shall provide a
836 notice of proposed rulemaking:
837(1) On the website of the compact commission or other
838 publicly accessible platform;
839(2) To persons who have requested notice of the compact
840 commission's notices of proposed rulemaking; and
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841(3) In other ways that the compact commission, by rule,
842 may specify.
843(g) The notice of proposed rulemaking shall include:
844(1) The time, date, and location of the public hearing
845 at which the compact commission will hear public comments on
846 the proposed rule and, if different, the time, date, and
847 location of the meeting where the compact commission will
848 consider and vote on the proposed rule;
849(2) If the hearing is held via telecommunication, video
850 conference, or other electronic means, the compact commission
851 shall include the mechanism for access to the hearing in the
852 notice of proposed rulemaking;
853(3) The text of the proposed rule and the reason
854 therefor;
855(4) A request for comments on the proposed rule from
856 any interested person; and
857(5) The manner in which interested persons may submit
858 written comments.
859(h) All hearings will be recorded. A copy of the
860 recording and all written comments and documents received by
861 the compact commission in response to the proposed rule shall
862 be available to the public.
863(i) Nothing in this section shall be construed as
864 requiring a separate hearing on each rule. Rules may be
865 grouped for the convenience of the compact commission at
866 hearings required by this section.
867(j) The compact commission, by majority vote of all
868 members, shall take final action on the proposed rule based on
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869 the rulemaking record and the full text of the rule.
870(1) The compact commission may adopt changes to the
871 proposed rule provided the changes do not enlarge the original
872 purpose of the proposed rule.
873(2) The compact commission shall provide an explanation
874 of the reasons for substantive changes made to the proposed
875 rule as well as reasons for substantive changes not made that
876 were recommended by commenters.
877(3) The compact commission shall determine a reasonable
878 effective date for the rule. Except for an emergency as
879 provided in this section, the effective date of the rule shall
880 be no sooner than 30 days after issuing the notice that it
881 adopted or amended the rule.
882(k) Upon determination that an emergency exists, the
883 compact commission may consider and adopt an emergency rule
884 with 24-hours' notice, with opportunity to comment, provided
885 that the usual rulemaking procedures provided in the compact
886 and in this section shall be retroactively applied to the rule
887 as soon as reasonably possible, in no event later than 90 days
888 after the effective date of the rule. For the purposes of this
889 subsection, an emergency rule is one that must be adopted
890 immediately in order to:
891(1) Meet an imminent threat to public health, safety,
892 or welfare;
893(2) Prevent a loss of compact commission or member
894 state funds;
895(3) Meet a deadline for the adoption of a rule that is
896 established by federal law or rule; or
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897(4) Protect public health and safety.
898(l) The compact commission or an authorized committee
899 of the compact commission may direct revisions to a previously
900 adopted rule for purposes of correcting typographical errors,
901 errors in format, errors in consistency, or grammatical
902 errors. Public notice of any revision shall be posted on the
903 website of the compact commission. The revision shall be
904 subject to challenge by any person for a period of 30 days
905 after posting. The revision may be challenged only on grounds
906 that the revision results in a material change to a rule. A
907 challenge shall be made in writing and delivered to the
908 compact commission prior to the end of the notice period. If
909 no challenge is made, the revision will take effect without
910 further action. If the revision is challenged, the revision
911 may not take effect without the approval of the compact
912 commission.
913(m) No member state's rulemaking requirements shall
914 apply under this compact.
915§34-40-70 Oversight, dispute resolution, and
916 enforcement.
917(a) Oversight.
918(1) The executive and judicial branches of state
919 government in each member state shall enforce this compact and
920 take all actions necessary and appropriate to implement the
921 compact.
922(2) Except as otherwise provided in this compact, venue
923 is proper and judicial proceedings by or against the compact
924 commission shall be brought solely and exclusively in a court
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925 of competent jurisdiction where the principal office of the
926 compact commission is located. The compact commission may
927 waive venue and jurisdictional defenses to the extent the
928 compact commission adopts or consents to participate in
929 alternative dispute resolution proceedings. Nothing herein
930 shall affect or limit the selection or propriety of venue in
931 any action against a licensee for professional malpractice,
932 misconduct, or any similar matter.
933(3) The compact commission shall be entitled to receive
934 service of process in any proceeding regarding the enforcement
935 or interpretation of the compact and shall have standing to
936 intervene in the proceeding for all purposes. Failure to
937 provide the compact commission service of process shall render
938 a judgment or order void as to the compact commission, this
939 compact, or adopted rules.
940(b) Default, technical assistance, and termination.
941(1) If the compact commission determines that a member
942 state has defaulted in the performance of its obligations or
943 responsibilities under this compact or the adopted rules, the
944 commission shall provide written notice to the defaulting
945 state. The notice of default shall describe the default, the
946 proposed means of curing the default, and any other action
947 that the compact commission may take, and shall offer training
948 and specific technical assistance regarding the default.
949(2) The compact commission shall provide a copy of the
950 notice of default to the other member states.
951(c) If a state in default fails to cure the default,
952 the defaulting state may be terminated from the compact upon
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953 an affirmative vote of a majority of the commissioners of the
954 member states, and all rights, privileges, and benefits
955 conferred on that state by this compact may be terminated on
956 the effective date of termination. A cure of the default does
957 not relieve the offending state of obligations or liabilities
958 incurred during the period of default.
959(d) Termination of membership in the compact shall be
960 imposed only after all other means of securing compliance have
961 been exhausted. Notice of intent to suspend or terminate shall
962 be given by the compact commission to the governor, the
963 majority and minority leaders of the defaulting state's
964 legislature, the defaulting state's licensing authority and
965 each of the member states' licensing authorities.
966(e) A state that has been terminated is responsible for
967 all assessments, obligations, and liabilities incurred through
968 the effective date of termination, including obligations that
969 extend beyond the effective date of termination.
970(f) Upon the termination of a state's membership from
971 this compact, that state shall immediately provide notice to
972 all licensees within that state of the termination. The
973 terminated state shall continue to recognize all licenses and
974 compact privileges granted pursuant to this compact for a
975 minimum of 180 days after the date of the notice of
976 termination.
977(g) The compact commission shall not bear any costs
978 related to a state that is found to be in default or that has
979 been terminated from the compact, unless agreed upon in
980 writing between the compact commission and the defaulting
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981 state.
982(h) The defaulting state may appeal the action of the
983 compact commission by petitioning the U.S. District Court for
984 the District of Columbia or the federal district where the
985 compact commission has its principal offices. The prevailing
986 party shall be awarded all costs of the litigation, including
987 reasonable attorney fees.
988(i) Dispute resolution.
989(1) Upon request by a member state, the compact
990 commission shall attempt to resolve disputes related to the
991 compact that arise among member states and between member and
992 nonmember states.
993(2) The compact commission shall adopt a rule providing
994 for both mediation and binding alternate dispute resolution
995 for disputes as appropriate.
996(j) Enforcement.
997(1) By two-thirds majority vote, the compact commission
998 may initiate legal action against a member state in default in
999 the U.S. District Court for the District of Columbia or the
1000   federal district where the compact commission has its
1001   principal offices to enforce compliance with this compact and
1002   its adopted rules. The relief sought may include both
1003   injunctive relief and damages. In the event judicial
1004   enforcement is necessary, the prevailing party shall be
1005   awarded all costs of the litigation, including reasonable
1006   attorney fees. The remedies herein shall not be the exclusive
1007   remedies of the compact commission. The compact commission may
1008   pursue any other remedies available under federal or the
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1009   defaulting member state's law.
1010  (2) A member state may initiate legal action against
1011   the compact commission in the U.S. District Court for the
1012   District of Columbia or the federal district where the compact
1013   commission has its principal offices to enforce compliance
1014   with this compact and its adopted rules. The relief sought may
1015   include both injunctive relief and damages. In the event
1016   judicial enforcement is necessary, the prevailing party shall
1017   be awarded all costs of the litigation, including reasonable
1018   attorney fees.
1019  (3) No person other than a member state shall enforce
1020   this compact against the compact commission.
1021  §34-40-71 Effective date, withdrawal, and amendment.
1022  (a) This compact shall come into effect on the date on
1023   which the compact statute is enacted into law in the seventh
1024   member state.
1025  (1) On or after the effective date of the compact, the
1026   compact commission shall convene and review the enactment of
1027   each of the first seven member states (charter member states)
1028   to determine if the statute enacted and made effective by each
1029   charter member state is materially different than the model
1030   compact statute.
1031  a. A charter member state whose enactment is found to
1032   be materially different from the model compact language shall
1033   be entitled to the default process set forth in Section
1034   34-40-70.
1035  b. If any member state is later found to be in default,
1036   or is terminated or withdraws from the compact, the compact
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1037   commission shall remain in existence and the compact shall
1038   remain in effect even if the number of member states should be
1039   less than seven.
1040  (2) Member states enacting the compact subsequent to
1041   the seven initial charter member states shall be subject to
1042   the process set forth in this section to determine if their
1043   enactments are materially different from the model compact
1044   statute and whether they qualify for participation in the
1045   compact.
1046  (3) All actions taken for the benefit of the compact
1047   commission or in furtherance of the purposes of the
1048   administration of the compact prior to the effective date of
1049   the compact or the compact commission coming into existence
1050   shall be considered to be actions of the compact commission
1051   unless specifically repudiated by the compact commission.
1052  (4) Any state that joins this compact subsequent to the
1053   compact commission's initial adoption of the rules and bylaws
1054   shall be subject to the rules and bylaws as they exist on the
1055   date on which this compact becomes law in that state. Any rule
1056   that has been previously adopted by the compact commission
1057   shall have the full force and effect of law on the day the
1058   compact becomes law in that state.
1059  (b) Any member state may withdraw from this compact by
1060   enacting a statute repealing the same.
1061  (1) A member state's withdrawal shall not take effect
1062   until 180 days after enactment of the repealing statute.
1063  (2) Withdrawal shall not affect the continuing
1064   requirement of the withdrawing state's licensing authority to
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1065   comply with the investigative and adverse action reporting
1066   requirements of this compact prior to the effective date of
1067   withdrawal.
1068  (3) Upon the enactment of a statute withdrawing from
1069   this compact, a state shall immediately provide notice of the
1070   withdrawal to all licensees and privilege holders within that
1071   state. Notwithstanding any subsequent statutory enactment to
1072   the contrary, the withdrawing state shall continue to
1073   recognize all compact privileges granted pursuant to this
1074   compact for a minimum of 180 days after the date of the notice
1075   of withdrawal.
1076  (4) Nothing contained in this compact shall be
1077   construed to invalidate or prevent any licensure agreement or
1078   other cooperative arrangement between a member state and a
1079   nonmember state that does not conflict with this compact.
1080  (5) This compact may be amended by the member states.
1081   No amendment to this compact shall become effective and
1082   binding upon any member state until the amendment is enacted
1083   into the laws of all member states.
1084  §34-40-72 Construction and severability.
1085  (a) This compact and the compact commission's
1086   rulemaking authority shall be liberally construed so as to
1087   effectuate the purposes and the implementation and
1088   administration of this compact. Provisions of the compact
1089   expressly authorizing or requiring the adoption of rules shall
1090   not be construed to limit the compact commission's rulemaking
1091   authority solely for those purposes.
1092  (b) The provisions of this compact shall be severable
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1093   and if any phrase, clause, sentence, or provision of this
1094   compact is held by a court of competent jurisdiction to be
1095   contrary to the constitution of any member state, a state
1096   seeking participation in the compact, or of the United States,
1097   or the applicability thereof to any government, agency,
1098   person, or circumstance is held to be unconstitutional by a
1099   court of competent jurisdiction, the validity of the remainder
1100   of this compact and the applicability thereof to any other
1101   government, agency, person, or circumstance shall not be
1102   affected thereby.
1103  (c) Notwithstanding the foregoing, the compact
1104   commission may deny a state's participation in the compact or
1105   terminate a member state's participation in the compact if the
1106   compact commission determines that a constitutional
1107   requirement of a member state is a material departure from
1108   this compact. Otherwise, if this compact shall be held to be
1109   contrary to the constitution of any member state, this compact
1110   shall remain in full force and effect as to the remaining
1111   member states and in full force and effect as to the member
1112   state affected as to all severable matters.
1113  §34-40-73 Consistent effect and conflict with other
1114   state laws.
1115  (a) Nothing herein shall prevent or inhibit the
1116   enforcement of any other law of a member state that is not
1117   inconsistent with this compact.
1118  (b) Any laws, statutes, rules, or other legal
1119   requirements in a member state in conflict with this compact
1120   are superseded to the extent of the conflict.
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1121  (c) All permissible agreements between the compact
1122   commission and the member states are binding in accordance
1123   with their terms.
1124  Section 2. This act shall become effective on October
1125   1, 2026.
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1126
1127
1128
1129
1130
1131
1132  ________________________________________________
1133  President and Presiding Officer of the Senate
1134
1135
1136
1137  ________________________________________________
1138  Speaker of the House of Representatives
1139
1140
1141   SB160
1142   Senate 12-Feb-26
1143   I hereby certify that the within Act originated in and passed
1144   the Senate.
1145
1146  Patrick Harris,
1147  Secretary.
1148
1149
1150
1151
1152   House of Representatives
1153   Passed: 05-Mar-26
1154
1155
1156
1157
1158   By: Senator Woods
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