H 5210

South Carolina General Assembly
126th Session, 2025-2026
Bill 5210
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT
THE "INTERSTATE MASSAGE COMPACT ACT" BY ADDING SECTION 40-30-510 SO AS TO
PROVIDE THE STATE OF SOUTH CAROLINA ENTERS INTO THE INTERSTATE MASSAGE COMPACT
WITH ANY AND ALL STATES LEGALLY JOINING THE COMPACT, AND TO ADOPT THE TERMS OF
THE COMPACT IN ITS SUBSTANTIAL FORM; AND TO DESIGNATE THE EXISTING PROVISIONS
OF CHAPTER 30, TITLE 40, AS "GENERAL PROVISIONS."
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  This act may be cited as the "Interstate Massage Compact Act."
SECTION 2.  Chapter 30, Title 40 of the S.C. Code is amended by
adding:
    Section
40-30-510. The General Assembly of the State of
South Carolina hereby enacts, and the State of South Carolina hereby enters
into, the Interstate Massage Compact with any and all states legally joining
therein according to its terms, in the form substantially as follows:
Interstate Massage Compact
Article 1
Purpose
The purpose of this compact
is to reduce the burdens on state governments and to facilitate the interstate
practice and regulation of massage therapy with the goal of improving public
access to, and the safety of, massage therapy services. Through this compact,
the member states seek to establish a regulatory framework which provides for a
new multistate licensing program. Through this additional licensing pathway,
the member states seek to provide increased value and mobility to licensed
massage therapists in the member states, while ensuring the provision of safe,
competent, and reliable services to the public. This compact is designed to
achieve the following objectives, and the member states hereby ratify the same
intentions by subscribing hereto:
    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;
    D. encourage the
cooperation of member states in regulating the multistate 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 therapists; 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 enforcing its own laws regarding
the practice of massage therapy.
Article 2
Definitions
As used in this compact,
except as otherwise provided and subject to clarification by the rules of the
commission, the following definitions shall govern the terms herein:
    A. "Active military
member" means 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"
means any administrative, civil, equitable, or criminal action permitted by a
member state's laws which is imposed by a licensing authority or other
regulatory body against a licensee, including 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" means a nondisciplinary monitoring or prosecutorial diversion program
approved by a member state's licensing authority.
    D. "Authorization to
practice" means a legal authorization by a remote state pursuant to a
multistate license permitting the practice of massage therapy in that remote
state, which shall be subject to the enforcement jurisdiction of the licensing
authority in that remote state.
    E. "Background check"
means the submission of an applicant's criminal history record information, as
further defined in 28 C.F.R. Section 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" means member states who have enacted legislation to adopt this compact
where such legislation predates the effective date of this compact as defined
in article 12.
    G. "Commission" means
the government agency whose membership consists of all states that have enacted
this compact, which is known as the interstate massage compact commission, as
defined in article 8, and which shall operate as an instrumentality of the member
states.
    H. "Continuing
competence" means a requirement, as a condition of license renewal, to provide
evidence of participation in, and completion of, educational or professional
activities that maintain, improve, or enhance massage therapy fitness to
practice.
    I. "Current
significant investigative information" means investigative information that a
licensing authority, after an inquiry or investigation 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 therapy.
    J. "Data system" means
a repository of information about licensees who hold multistate licenses, which
may include but is not limited to license status, investigative information,
and adverse actions.
    K. "Disqualifying
event" means any event which shall disqualify an individual from holding a
multistate license under this compact, which the commission may by rule
specify.
    L. "Encumbrance" means
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" means 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" means information, records, or documents received or generated by
a licensing authority pursuant to an investigation or other inquiry.
    P. "Licensing
authority" means a state's regulatory body responsible for issuing massage
therapy licenses or otherwise overseeing the practice of massage therapy in
that state.
    Q. "Licensee" means an
individual who currently holds a license from a member state to fully practice
massage therapy, whose license is not a student, provisional, temporary,
inactive, or other similar status.
    R. "Massage therapy,"
"massage therapy services," and the "practice of massage therapy" means 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"
means any state that has adopted this compact.
    T. "Multistate
license" means a license that consists of authorizations to practice massage
therapy in all remote states pursuant to this compact, which shall be subject
to the enforcement jurisdiction of the licensing authority in a licensee's home
state.
    U. "Remote state"
means any member state, other than the licensee's home state.
    V. "Rule" means any
opinion or regulation promulgated by the commission under this compact, which
shall have the force of law.
    W. "Single-state
license" means a current, valid authorization issued by a member state's
licensing authority allowing an individual to fully practice massage therapy,
that is not a restricted, student, provisional, temporary, or inactive practice
authorization and authorizes practice only within the issuing state.
    X. "State" means a
state, territory, possession of the United States, or the District of Columbia.
Article 3
Member State Requirements
    A. To be eligible to
join this compact, and to maintain eligibility as a member state, a state must:
       1. license and
regulate the practice of massage therapy;
       2. have a mechanism
or entity in place to receive and investigate complaints from the public,
regulatory or law enforcement agencies, or the commission about licensees
practicing in that state;
       3. accept passage
of a psychometrically valid national examination as a criterion for massage
therapy licensure in that state; for purposes of this compact, such examination
shall not include a state-administered examination but shall be inclusive of
the following:
  a. the Massage
and Bodywork Licensure Examination; or
  b. the National
Certification Board for Therapeutic Massage & Bodywork prior to January 1,
2015; or
  c. the
substantial equivalent of the foregoing which the commission may approve by
rule;
       4. require that
licensees satisfy educational requirements prior to being licensed to provide
massage therapy services to the public in that state;
       5. implement
procedures for requiring the background check of applicants for a multistate
license, and for the reporting of any disqualifying events, including but not
limited to obtaining and submitting, for each licensee holding a multistate
license and each applicant for a multistate license, fingerprint or other
biometric-based information to the Federal Bureau of Investigation for
background checks; receiving the results of the Federal Bureau of Investigation
record search on background checks and considering the results of such a
background check in making licensure decisions;
       6. have continuing
competence requirements as a condition for license renewal;
       7. participate in
the data system, including through the use of unique identifying numbers as
described herein;
       8. notify the
commission and other member states, in compliance with the terms of the compact
and rules of the commission, of any disciplinary action taken by the state
against a licensee practicing under a multistate license in that state, or of
the existence of investigative information or current significant investigative
information regarding a licensee practicing in that state pursuant to a
multistate license;
       9. comply with the
rules of the commission;
       10. accept
licensees with valid multistate licenses from other member states as
established herein;
    B. Individuals not
residing in a member state shall continue to be able to apply for a member
state'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. satisfy one of
the following:
  a. completion
of at least six hundred and twenty-five (625) clock hours of massage therapy
education; or
  b. graduation
from an educational program that meets the minimum qualifications for licensure
in the home state and two (2) years of continuous licensure with a single-state
license in good standing in the home state (except as provided in article 7);
or
  c. satisfaction
of the substantial equivalent of the foregoing which the commission may approve
by rule.
       3. successfully
pass a psychometrically valid national examination for licensure. For purposes
of this compact, such examination shall not include a state-administered
examination but shall be inclusive of the following:
  a. the Massage
and Bodywork Licensure Examination; or
  b. a National Certification
Board for Therapeutic Massage & Bodywork licensure examination prior to
January 1, 2015; or
  c. the
substantial equivalent of the foregoing which the commission may approve by
rule;
       4. submit to a
background check;
       5. have not been
convicted or found guilty, or have entered into an agreed disposition, of a
felony offense under applicable state or federal criminal law, within five (5)
years prior to the date of 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;
       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 following:
  a. kidnapping;
  b. human
trafficking;
  c. human
smuggling;
  d. sexual
battery, sexual assault, or any related offenses; or
  e. any other
category of offense which the commission may by rule designate;
       8. have not
previously held a massage therapy license 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 effective for a definite period
of time concurrent with the renewal of the home state license.
    C. A licensee
practicing in a member state is subject to all scope of practice laws governing
massage therapy services in that state.
    D. The practice of
massage therapy under a multistate license granted pursuant to this compact
will subject the licensee to the jurisdiction of the licensing authority, the
courts, and the laws of the member state in which the massage therapy services
are provided.
Article 5
Authority of Interstate Massage Compact Commission
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.
    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 multistate 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 independent 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 investigations of a licensee
practicing under a multistate license who changes 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 therapist who holds a multistate license.
    E. A remote state
shall have the authority to:
       1. take adverse
actions against a licensee's authorization to practice;
       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 statutes
of the state in which the witnesses or evidence are located;
       4. if otherwise
permitted by state law, recover from the affected licensee the costs of
investigations and disposition of cases resulting from any adverse action taken
against that licensee;
       5. take adverse
action against the licensee's authorization to practice in that state based on
the factual findings of another member state.
    F. If an adverse
action is taken by the home state against a licensee'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 authorizations to practice in all remote states.
A licensee whose authorization to practice in a remote state is removed for a
specified period of time is not eligible to apply for a new multistate license
in any other state until the specific time for removal of the authorization to
practice has passed and all encumbrance requirements are satisfied.
    H. Nothing in this
compact shall override a member state'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 investigations of licensees.
       2. Member states
shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under the
compact.
Article 7
Active Military Members and Their Spouses
Active military members,
or their spouses, shall designate a home state where the individual has a
current license to practice massage therapy in good standing. The individual
may retain their home state designation during any period of service when that individual
or their spouse is on active-duty assignment. Further, active military members
or their spouses shall satisfy the requirements of Article 4.A.2. by successful
graduation from an educational program that meets the minimum qualifications
for licensure in the designated home state.
Article 8
Establishment and Operation of Interstate Massage
Compact Commission
    A. The compact member
states hereby create and establish a joint government agency whose membership
consists of all member states that have enacted the compact known as the
interstate massage compact commission. The commission is an instrumentality of
the compact states acting jointly and not an instrumentality of any one state.
The commission shall come into existence on or after the effective date of the
compact as set forth in article 12.
    B. Membership, voting,
and meetings
       1. Each member
state shall have and be limited to one (1) delegate selected by that member
state's state licensing authority.
       2. The delegate
shall be either:
  a. a member of
the state licensing authority; or
  b. 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 vacancy.
       6. Each delegate
shall be entitled to one vote on all matters that are voted on by the
commission.
       7. The commission
shall meet at least once during each calendar year. Additional meetings may be
held as set forth in the bylaws. The commission may meet by telecommunication,
video conference or other similar electronic means.
    C. The commission
shall have the following powers:
       1. establish the
fiscal year of the commission;
       2. establish code
of conduct and conflict of interest policies;
       3. adopt rules and
bylaws;
       4. maintain its
financial records in accordance with the bylaws;
       5. meet and take
such actions as are consistent with the provisions of this compact, the
commission'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. elect up to two
ex-officio, nonvoting members of the commission as specified in the
commission's bylaws;
       20. 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;
       21. elect a chair,
vice chair, secretary and treasurer and such other officers of the commission
as provided in the commission's bylaws;
       22. establish and
elect an executive committee, including a chair and a vice chair;
       23. adopt and
provide to the member states an annual report;
       24. determine
whether a state's adopted language is materially different from the model
compact language such that the state would not qualify for participation in the
compact; and
       25. 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 necessary;
  b. recommending
to the commission changes to the rules or bylaws, changes to this compact
legislation, fees charged to compact member states, fees charged to licensees,
and other fees;
  c. ensuring
compact administration services are appropriately provided, including by
contract;
  d. preparing
and recommending the budget;
  e. maintaining
financial records on behalf of the commission;
  f. monitoring
compact compliance of member states and providing compliance reports to the
commission;
  g. establishing
additional committees as necessary;
  h. exercising
the powers and duties of the commission during the interim between commission
meetings, except for adopting or amending rules, adopting or amending bylaws,
and exercising any other powers and duties expressly reserved to the commission
by rule or bylaw; and
  i. other duties
as provided in the rules or bylaws of the commission.
       2. The executive
committee shall be composed of seven voting 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.
       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, nonpublic 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 commission's legal counsel shall certify
that one of the reasons justifying an emergency public meeting has been met.
       3. Notice of all
commission meetings shall provide the time, date, and location of the meeting,
and if the meeting is to be held or accessible via telecommunication, video
conference, or other electronic means, the notice shall include the mechanism
for access to the meeting.
       4. The commission
may convene in a closed, nonpublic meeting for the commission to discuss:
  a.
noncompliance of a member state with its obligations under the compact;
  b. the
employment, compensation, discipline or other matters, practices or procedures
related to specific employees 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 privileged or
confidential;
  h. information
of a personal nature where disclosure would constitute a clearly unwarranted
invasion of personal privacy;
  i.
investigative records compiled for law enforcement purposes;
  j. information
related to any investigative reports prepared by or on behalf of or for use of
the commission or other committee charged with responsibility of investigation
or determination of compliance issues pursuant to the compact;
  k. legal
advice;
  l. matters
specifically exempted from disclosure to the public by federal or member state
law; or
  m. other
matters as promulgated by the commission by rule.
       5. If a meeting, or
portion of a meeting, is closed, the presiding officer shall state that the
meeting will be closed and reference each relevant exempting provision, and
such reference shall be recorded in the minutes.
       6. The commission
shall keep minutes that fully and clearly describe all matters discussed in a
meeting and shall provide a full and accurate summary of actions taken, and the
reasons 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 revenue, donations, and grants of
money, equipment, supplies, materials, and services.
       3. The commission
may levy on and collect an annual assessment from each member state and impose
fees on licensees of member states to whom it grants a multistate license to
cover the cost of the operations and activities of the commission and its
staff, which must be in a total amount sufficient to cover its annual budget as
approved each year for which revenue is not provided by other sources. The
aggregate annual assessment amount for member states shall be allocated based
upon a formula that the commission shall promulgate by rule.
       4. The commission
shall not incur obligations of any kind prior to securing the funds adequate to
meet the same; nor shall the commission pledge the credit of any member states,
except by and with the authority of the member state.
       5. The commission
shall keep accurate accounts of all receipts and disbursements. The receipts
and disbursements of the commission shall be subject to the financial review
and accounting procedures established under its bylaws. All receipts and
disbursements of funds handled by the commission shall be subject to an annual
financial review by a certified or licensed public accountant, and the report
of the financial review shall be included in and become part of the annual
report of the commission.
    H. Qualified immunity,
defense, and indemnification
       1. The members,
officers, executive director, employees and representatives of the commission
shall be immune from suit and liability, both personally and in their official
capacity, for any claim for damage to or loss of property or personal injury or
other civil liability caused by or arising out of any actual or alleged act,
error, or omission that occurred, or that the person against whom the claim is
made had a reasonable basis for believing occurred within the scope of
commission employment, duties or responsibilities; provided that nothing in
this 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 director, employee, and
representative of the commission in any civil action seeking to impose
liability arising out of any actual or alleged act, error, or omission that
occurred within the scope of commission employment, duties, or
responsibilities, or as determined by the commission that the person against
whom the claim is made had a reasonable basis for believing occurred within the
scope of commission employment, duties, or responsibilities; provided that
nothing herein shall be construed to prohibit that person from retaining 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, officer, executive director,
employee, and representative of the commission for the amount of any settlement
or judgment obtained against that person arising out of any actual or alleged
act, error, or omission that occurred within the scope of commission
employment, duties, or responsibilities, or that such person had a reasonable
basis for believing occurred within the scope of commission employment, duties,
or responsibilities, provided that the actual or alleged act, error, or
omission did not result from the intentional or willful or wanton misconduct of
that person.
       4. Nothing herein
shall be construed as a limitation on the liability of any licensee for
professional malpractice or misconduct, which shall be governed solely by any
other applicable state laws.
       5. Nothing in this
compact shall be interpreted to waive or otherwise abrogate a member state's
state action immunity or state action affirmative defense with respect to
antitrust claims under the Sherman Act, Clayton Act, or any other state or
federal antitrust or anticompetitive law or regulation.
       6. Nothing in this
compact shall be construed to be a waiver of sovereign immunity by the member
states or by the commission.
Article 9
Data system
    A. The commission
shall provide for the development, maintenance, operation, and utilization of a
coordinated database and reporting system.
    B. The commission
shall assign each applicant for a multistate license a unique identifier, as
determined by the rules of the commission.
    C. Notwithstanding any
other provision of state law to the contrary, a member state shall submit a
uniform data set to the data system on all individuals to whom this compact is
applicable as required by the rules of the commission, including:
       1. identifying
information;
       2. licensure data;
       3. adverse actions
against a license and information related thereto;
       4. nonconfidential
information related to alternative program participation, the beginning
and ending dates of such
participation, and other information related to such participation;
       5. any denial of
application for licensure, and the reason(s) for such denial (excluding the
reporting of any criminal history record information where prohibited by law);
       6. the existence of
investigative information;
       7. the existence
presence of current significant investigative information; and
       8. other
information that may facilitate the administration of this compact or the
protection of the public, as determined by the rules of the commission.
    D. The records and
information provided to a member state pursuant to this compact or through the
data system, when certified by the commission or an agent thereof, shall
constitute the authenticated business records of the commission, and shall be
entitled to any associated hearsay exception in any relevant judicial,
quasi-judicial or administrative proceedings in a member state.
    E. The existence of
current significant investigative information and the existence of
investigative information pertaining to a licensee in any member state will
only be available to other member states. F. It is the responsibility of the
member states to report any adverse action against a licensee who holds a
multistate license and to monitor the database to determine whether adverse
action has been taken against such a licensee or license applicant. Adverse
action information pertaining to a licensee or license applicant in any member
state will be available to any other member state.
    G. Member states
contributing information to the data system may designate information that may
not be shared with the public without the express permission of the
contributing state.
    H. Any information
submitted to the data system that is subsequently expunged pursuant to federal
law or the laws of the member state contributing the information shall be
removed from the data system.
Article 10
Rulemaking
    A. The commission
shall promulgate reasonable rules in order to effectively and efficiently
implement and administer the purposes and provisions of the compact. A rule
shall be invalid and have no force or effect only if a court of competent
jurisdiction holds that the rule is invalid because the commission exercised
its rulemaking authority in a manner that is beyond the scope and purposes of
the compact, or the powers granted hereunder, or based upon another applicable
standard of review.
    B. The rules of the
commission shall have the force of law in each member state, provided however
that where the rules of the commission conflict with the laws of the member
state that establish the member state's scope of practice as held by a court of
competent jurisdiction, the rules of the commission shall be ineffective in
that state to the extent of the conflict.
    C. The commission
shall exercise its rulemaking powers pursuant to the criteria set forth in this
article and the rules adopted thereunder. Rules shall become binding as of the
date specified by the commission for each rule.
    D. If a majority of
the legislatures of the member states rejects a rule or portion of a rule, by
enactment of a statute or resolution in the same manner used to adopt the
compact within four (4) years of the date of adoption of the rule, then such
rule shall have no further force and effect in any member state or to any state
applying to participate in the compact.
    E. Rules shall be
adopted at a regular or special meeting of the commission.
    F. Prior to adoption
of a proposed rule, the commission shall hold a public hearing and allow
persons to provide oral and written comments, data, facts, opinions, and
arguments.
    G. Prior to adoption
of a proposed rule by the commission, and at least thirty (30) days in advance
of the meeting at which the commission will hold a public hearing on the
proposed rule, the commission shall provide a notice of proposed rulemaking:
       1. on the website
of the commission or other publicly accessible platform;
       2. to persons who
have requested notice of the commission's notices of proposed rulemaking, and    3.
in such other way(s) as the commission may by rule specify.
    H. The notice of
proposed rulemaking shall include:
       1. the time, date,
and location of the public hearing at which the commission will hear public
comments on the proposed rule and, if different, the time, date, and location
of the meeting where the commission will consider and vote on the proposed
rule;
       2. if the hearing
is held via telecommunication, video conference, or other electronic means, the
commission shall include the mechanism for access to the hearing in the notice
of proposed rulemaking;
       3. the text of the
proposed rule and the reason therefor;
       4. a request for
comments on the proposed rule from any interested person; and
       5. the manner in
which interested persons may submit written comments.
    I. All hearings will
be recorded. A copy of the recording and all written comments and documents
received by the commission in response to the proposed rule shall be available
to the public.
    J. Nothing in this
article shall be construed as requiring a separate hearing on each rule. Rules
may be grouped for the convenience of the commission at hearings required by
this article.
    K. The commission
shall, by majority vote of all commissioners, take final action on the proposed
rule based on the rulemaking record.
       1. The commission
may adopt changes to the proposed rule provided the changes do not enlarge the
original purpose of the proposed rule.
       2. The commission
shall provide an explanation of the reasons for substantive changes made to the
proposed rule as well as reasons for substantive changes not made that were
recommended by commenters.
       3. The commission
shall determine a reasonable effective date for the rule. Except for an
emergency as provided in subsection L, the effective date of the rule shall be
no sooner than thirty (30) days after the commission issuing the notice that it
adopted or amended the rule.
    L. Upon determination
that an emergency exists, the commission may consider and adopt an emergency
rule with 24 hours notice, provided that the usual rulemaking procedures
provided in the compact and in this article shall be retroactively applied to
the rule as soon as reasonably possible, in no event later than ninety (90)
days after the effective date of the rule. For the purposes of this provision,
an emergency rule is one that must be adopted immediately to:
       1. meet an imminent
threat to public health, safety, or welfare;
       2. prevent a loss
of commission or member state funds;
       3. meet a deadline
for the promulgation of a rule that is established by federal law or rule; or
       4. protect public
health and safety.
    M. The commission or
an authorized committee of the commission may direct revisions to a previously
adopted rule for purposes of correcting typographical errors, errors in format,
errors in consistency, or grammatical errors. Public notice of any revisions
shall be posted on the website of the commission. The revision shall be subject
to challenge by any person for a period of thirty (30) days after posting. The
revision may be challenged only on grounds that the revision results in a
material change to a rule. A challenge shall be made in writing and delivered
to the commission prior to the end of the notice period. If no challenge is
made, the revision will take effect without further action. If the revision is
challenged, the revision may not take effect without the approval of the
commission.
    N. No member state's
rulemaking requirements shall apply under this compact.
Article 11
Oversight, Dispute Resolution, and Enforcement
    A. Oversight
       1. The executive
and judicial branches of state government in each member state shall enforce
this compact and take all actions necessary and appropriate to implement the
compact.
       2. Venue is proper
and judicial proceedings by or against the commission shall be brought solely
and exclusively in a court of competent jurisdiction where the principal office
of the commission is located. The commission may waive venue and jurisdictional
defenses to the extent it adopts or consents to participate in alternative
dispute resolution proceedings. Nothing herein shall affect or limit the
selection or propriety of venue in any action against a licensee for
professional malpractice, misconduct or any such similar matter.
       3. The commission
shall be entitled to receive service of process in any proceeding regarding the
enforcement or interpretation of the compact and shall have standing to
intervene in such a proceeding for all purposes. Failure to provide the
commission service of process shall render a judgment or order void as to the
commission, this compact, or promulgated rules.
    B. Default, technical
assistance, and termination
       1. If the
commission determines that a member state has defaulted in the performance of
its obligations or responsibilities under this compact or the promulgated
rules, the commission shall provide written notice to the defaulting state. The
notice of default shall describe the default, the proposed means of curing the
default, and any other action that the commission may take, and shall offer
training and specific technical assistance regarding the default.
       2. The commission
shall provide a copy of the notice of default to the other member states.
    C. If a state in
default fails to cure the default, the defaulting state may be terminated from
the compact upon an affirmative vote of a majority of the delegates of the
member states, and all rights, privileges and benefits conferred on that state
by this compact may be terminated on the effective date of termination. A cure
of the default does not relieve the offending state of obligations or
liabilities incurred during the period of default.
    D. Termination of
membership in the compact shall be imposed only after all other means of
securing compliance have been exhausted. Notice of intent to suspend or
terminate shall be given by the commission to the governor, the majority and
minority leaders of the defaulting state'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 assessments, obligations, and
liabilities incurred through the effective date of termination, including
obligations that extend beyond the effective date of termination.
    F. Upon the
termination of a state's membership from this compact, that state shall
immediately provide notice to all licensees who hold a multistate license
within that state of such termination. The terminated state shall continue to
recognize all licenses granted pursuant to this compact for a minimum of one
hundred eighty (180) days after the date of said notice of termination.
    G. The commission
shall not bear any costs related to a state that is found to be in default or
that has been terminated from the compact, unless agreed upon in writing
between the commission and the defaulting state.
    H. The defaulting state
may appeal the action of the commission by petitioning the U.S. District Court
for the District of Columbia or the federal district where the commission has
its principal offices. The prevailing party shall be awarded all costs of such
litigation, including reasonable attorney'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 nonmember 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
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 terminated or withdraws
from the compact, the commission shall remain in existence and the compact
shall remain in effect even if the number of member states should be less than
seven (7).
       2. Member states
enacting the compact subsequent to the charter member states shall be subject
to the process set forth in article 8.C.24 to determine if their enactments are
materially different from the model compact statute and whether they qualify
for participation in the compact.
       3. All actions
taken for the benefit of the commission or in furtherance of the purposes of
the administration of the compact prior to the effective date of the compact or
the commission coming into existence shall be considered to be actions of the
commission unless specifically repudiated by the commission.
       4. Any state that
joins the compact shall be subject to the commission's rules and bylaws as they
exist on the date on which the compact becomes law in that state. Any rule that
has been previously adopted by the commission shall have the full force and
effect of law on the day the compact becomes law in that state.
    B. Any member state
may withdraw from this compact by enacting a statute repealing that state'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 withdrawing 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 licensees within that state.
Notwithstanding any subsequent statutory enactment to the contrary, such
withdrawing state shall continue to recognize all licenses granted pursuant to
this compact for a minimum of 180 days after the date of such notice of
withdrawal.
    C. Nothing contained
in this compact shall be construed to invalidate or prevent any licensure
agreement or other cooperative arrangement between a member state and a
nonmember 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 implementation and administration of the
compact. Provisions of the compact expressly authorizing or requiring the
promulgation of rules shall not be construed to limit the commission's
rulemaking authority solely for those purposes.
    B. The provisions of
this compact shall be severable and if any phrase, clause, sentence or
provision of this compact is held by a court of competent jurisdiction to be
contrary to the constitution of any member state, a state seeking participation
in the compact, or of the United States, or the applicability thereof to any
government, agency, person or circumstance is held to be unconstitutional by a
court of competent jurisdiction, the validity of the remainder of this compact
and the applicability thereof to any other government, agency, person or
circumstance shall not be affected thereby.
    C. Notwithstanding
subsection B of this 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.
SECTION 3.  The
existing provisions of Chapter 30, Title 40, are designated "General Provisions."
SECTION 4.  This act takes effect upon approval
by the Governor.
----XX----
This web page was last updated on February 18, 2026 at 01:20 PM