HB 6017

HOUSE BILL NO. 6017
A bill to enter into the interstate compact for school
psychologists.
the people of the state of michigan enact:
SECTION 1.
PURPOSE
The purpose of this Compact is to
facilitate the interstate practice of School Psychology in educational or
school settings, and in so doing to improve the availability of School
Psychological Services to the public. This Compact is intended to establish a
pathway to allow School Psychologists to obtain equivalent licenses to provide
School Psychological Services in any Member State. In this way, this Compact
shall enable the Member States to ensure that safe and effective School
Psychological Services are available and delivered by appropriately qualified
professionals in their educational settings.
To facilitate the objectives described
above, this Compact:
A. Enables School Psychologists who
qualify for receipt of an Equivalent License to practice in other Member States
without first satisfying burdensome and duplicative requirements;
B. Promotes the mobility of School
Psychologists between and among the Member States in order to address workforce
shortages and to ensure that safe and reliable School Psychological Services
are available in each Member State;
C. Enhances the public accessibility
of School Psychological Services by increasing the availability of qualified,
licensed School Psychologists through the establishment of an efficient and
streamlined pathway for Licensees to practice in other Member States;
D. Preserves and respects the
authority of each Member State to protect the health and safety of its
residents by ensuring that only qualified, licensed professionals are
authorized to provide School Psychological Services within that State;
E. Requires School Psychologists
practicing within a Member State to comply with the Scope of Practice laws
present in the State where the School Psychological Services are being
provided;
F. Promotes cooperation between the
Member States in regulating the practice of School Psychology within those
States; and
G. Facilitates the relocation of
military members and their spouses who are licensed to provide School
Psychological Services.
SECTION 2. DEFINITIONS
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
disciplinary action or encumbrance imposed on a License by a State Licensing
Authority.
C. "Alternative Program"
means a non-disciplinary, prosecutorial diversion, monitoring, or practice
remediation process entered into in lieu of an Adverse Action which is
applicable to a School Psychologist and approved by the State Licensing Authority
of a Member State in which the participating School Psychologist is licensed.
This includes, but is not limited to, programs to which Licensees with
substance abuse or addiction issues may be referred in lieu of an Adverse
Action.
D. "Commissioner" means the
individual appointed by a Member State to serve as the representative to the
Commission for that Member State.
E. "Compact" means this
School Psychologist Interstate Licensure Compact.
F. "Continuing Professional
Education" means a requirement, imposed by a Member State as a condition
of License renewal to provide evidence of successful participation in
professional educational activities relevant to the provision of School Psychological
Services.
G. "Criminal Background
Check" means the submission of fingerprints or other biometric-
information for a License applicant for the purpose of obtaining that
applicant's criminal history record information, as defined in 28 C.F.R. §
20.3(d), and the State's criminal history record repository as defined in 28
C.F.R. § 20.3(f).
H. "Doctoral Level Degree"
means a graduate degree program that consists of at least 90 graduate semester
hours in the field of School Psychology including a supervised internship.
I. "Encumbered License"
means a License that a State Licensing Authority has limited in any way other
than through an Alternative Program, including temporary or provisional
licenses.
J. "Executive Committee"
means the Commission's Chair, Vice Chair, Secretary and Treasurer and any other
Commissioners as may be determined by Commission Rule or bylaw.
K. "Equivalent License"
means a license to practice School Psychology which a Member State has
identified as a license which may be provided to School Psychologists from
other Member States pursuant to this Compact.
L. "Home State" means the
Member State that issued the Home State License to the Licensee and is the
Licensee's primary state of practice.
M. "Home State License"
means the License that is not an Encumbered License issued by the Home State to
provide School Psychological Services.
N. "License" means a current
license, certification, or other authorization granted by a Member State's
Licensing Authority that permits an individual to provide School Psychological
Services.
O. "Licensee" means an
individual who holds a License from a Member State to provide School
Psychological Services.
P. "Member State" means a
State that has enacted the Compact and been admitted to the Commission in
accordance with the provisions herein and Commission Rules.
Q. "Model Compact" means the
model language for the School Psychologist Interstate Licensure Compact on file
with the Council of State Governments or other entity as designated by the
Commission.
R. "Practice of School
Psychology" means the delivery of School Psychological Services.
S. "Qualifying National
Exam" means a national licensing examination endorsed by the National
Association of School Psychologists and any other exam as approved by the Rules
of the Commission.
T. "Qualifying School
Psychologist Education Program" means an education program which awards a
Specialist-Level or Doctoral-Level degree or equivalent upon completion and is
approved by the Rules of the Commission as meeting the necessary minimum
educational standards to ensure that its graduates are ready, qualified, and
able to engage in the Practice of School Psychology.
U. "Remote State" means a
Member State other than the Home State where a Licensee holds a License through
the Compact.
V. "Rule" means a regulation
promulgated by an entity, including but not limited to the Commission and the
State Licensing Authority of each Member State, that has the force of law.
W. "School Psychological
Services" means academic, mental and behavioral health services including
assessment, prevention, consultation and collaboration, intervention, and
evaluation provided by a School Psychologist in a school, as outlined in applicable
professional standards as determined by Commission Rule.
X. "School Psychologist"
means an individual who has met the requirements to obtain a Home State License
that legally conveys the professional title of School Psychologist, or its
equivalent as determined by the Rules of the Commission.
Y. "School Psychologist
Interstate Licensure Compact Commission" or "Commission" means
the joint government agency established by this Compact whose membership
consists of representatives from each Member State that has enacted the Compact,
and as further described in Section 7.
Z. "Scope of Practice" means
the procedures, actions, and processes a School Psychologist licensed in a
State is permitted to undertake in that State and the circumstances under which
that Licensee is permitted to undertake those procedures, actions, and
processes. Such procedures, actions, and processes, and the circumstances under
which they may be undertaken, may be established through means including, but
not limited to, statute, regulations, case law, and other processes available
to the State Licensing Authority or other government agency.
AA. "Specialist-Level
Degree" means a degree program that requires at least 60 graduate semester
hours or equivalent in the field of School Psychology including a supervised
internship.
BB. "State" means any state,
commonwealth, district, or territory of the United States of America.
CC. "State Licensing
Authority" means a Member State's regulatory body responsible for issuing
Licenses or otherwise overseeing the Practice of School Psychology.
DD. "State Specific
Requirement" means a requirement for licensure covered in coursework or
examination that includes content of unique interest to the State.
EE. "Unencumbered License"
means a License that authorizes a Licensee to engage in the full and
unrestricted Practice of School Psychology.
SECTION 3. STATE PARTICIPATION IN
THE COMPACT
A. To be eligible to join this
Compact, and to maintain eligibility as a Member State, a State must:
1. Enact a compact statute that is not materially different
from the Model Compact as defined in the Commission's Rules;
2. Participate in the sharing of information with other Member
States as reasonably necessary to accomplish the objectives of this Compact,
and as further defined in Section 8;
3. Identify and maintain with the Commission a list of
Equivalent Licenses available to Licensees who hold a Home State License under
this Compact;
4. Have a mechanism in place for receiving and investigating
complaints about Licensees;
5. Notify the Commission, in compliance with the terms of the
Compact and the Commission's Rules, of any Adverse Action taken against a
Licensee, or of the availability of investigative information which relates to
a Licensee or applicant for licensure;
6. Require that applicants for a Home State License have;
a. Taken and passed a Qualifying
National Exam as defined by the Rules of the Commission;
b. Completed a minimum of 1200 hours
of supervised internship, of which at least 600 must have been completed in a
School, prior to being approved for licensure;
c. Graduated from a Qualifying School
Psychologist Education Program;
7. Comply with the terms of this Compact and the Rules of the
Commission.
B. Each Member State shall grant an
Equivalent License to practice School Psychology in that state upon application
by a Licensee who satisfies the criteria of Section 4.A. Each Member State
shall grant renewal of the Equivalent License to a Licensee who satisfies the
criteria of Section 4.B.
C. Member States may set and collect a
fee for granting an Equivalent License.
SECTION 4. SCHOOL PSYCHOLOGIST
PARTICIPATION IN THE COMPACT
A. To obtain and maintain an
Equivalent License from a Remote State under this Compact, a Licensee must:
1. Hold and maintain an active Home State License;
2. Satisfy any applicable State Specific Requirements
established by the Member State after an Equivalent License is granted;
3. Complete any administrative or application requirements
which the Commission may establish by Rule, and pay any associated fees; and
4. Complete any requirements for renewal in the Home State,
including applicable Continuing Professional Education requirements.
5. Upon their application to receive a license under this
Compact, undergo a criminal background check in the Member State in which the
Equivalent License is sought in accordance with the laws and regulations of
such Member State.
B. To renew an Equivalent License in a
Member State other than the Home State, a Licensee must only apply for renewal,
complete a background check, and pay renewal fees as determined by the
Licensing Authority.
SECTION 5. ACTIVE MILITARY MEMBERS
OR THEIR SPOUSES
A Licensee who is an Active Military
Member or is the spouse of an Active Military Member shall be deemed to hold a
Home State License in any of the following locations:
A. The Licensee's permanent residence;
B. A Member State that is the
Licensee's primary State of Practice;
C. A Member State where the Licensee
has relocated pursuant to a Permanent Change of Station (PCS).
SECTION 6. DISCIPLINE/ADVERSE
ACTIONS
A. Nothing in this Compact shall be
deemed or construed to limit the authority of a Member State to investigate or
impose disciplinary measures on Licensees according to the State Practice Laws
thereof.
B. Member States shall be authorized
to receive, and shall provide, files and information regarding the
investigation and discipline, if any, of Licensees in other Member States upon
request. Any Member State receiving such information or files shall protect and
maintain the security and confidentiality thereof, in at least the same manner
that it maintains its own investigatory or disciplinary files and information.
Prior to disclosing any disciplinary or investigatory information received from
another Member State, the disclosing state shall communicate its intention and
purpose for such disclosure to the Member State which originally provided that
information.
SECTION 7. ESTABLISHMENT OF THE
SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT COMMISSION
A. The Member States hereby create and
establish a joint government agency whose membership consists of all Member
States that have enacted the Compact, and this agency shall be known as the
School Psychologist Interstate Licensure Compact Commission. The Commission is
an instrumentality of the Member States acting jointly and not an
instrumentality of any one state. The Commission shall come into existence on
or after the effective date of the Compact as set forth in Section 11.
B. Membership, Voting, and Meetings:
1. Each Member State shall have and be limited to one (1)
delegate selected by that Member State's State Licensing Authority.
2. The delegate shall be the primary administrative officer of
the Member State Licensing Authority or their designee who is an employee of
the Member State Licensing Authority.
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 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
before the Commission requiring a vote by Commission delegates.
7. A delegate shall vote in person or by such other means as
provided in the bylaws. The bylaws may provide for delegates to meet by
telecommunication, videoconference, or other means of communication.
8. The Commission shall meet at least once during each
calendar year. Additional meetings may be held as set forth in the bylaws. 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. Establish and amend Rules and bylaws;
4. Establish the procedure through which a Licensee may change
their Home State;
5. Maintain its financial records in accordance with the
bylaws;
6. Meet and take such actions as are consistent with the
provisions of this Compact, the Commission's Rules, and the bylaws;
7. Initiate and conclude legal proceedings or actions in the
name of the Commission, provided that the standing of any Member State
Licensing Authority to sue or be sued under applicable law shall not be
affected;
8. 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;
9. Purchase and maintain insurance and bonds;
10. Borrow, accept, or contract for services of personnel,
including, but not limited to, employees of a Member State;
11. Conduct an annual financial review;
12. 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;
13. Assess and collect fees;
14. 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 and/or conflict of
interest;
15. Lease, purchase, retain, own, hold, improve, or use any
property, real, personal, or mixed, or any undivided interest therein;
16. Sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property real, personal, or mixed;
17. Establish a budget and make expenditures;
18. Borrow money;
19. 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;
20. Provide and receive information from, and cooperate with,
law enforcement agencies;
21. Establish and elect an Executive Committee, including a
chair and a vice chair;
22. Determine whether a State's adopted language is materially
different from the model compact language such that the State would not qualify
for participation in the Compact; and
23. Perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact.
D. The Executive Committee:
1. The Executive Committee shall have the power to act on
behalf of the Commission according to the terms of this Compact. The powers,
duties, and responsibilities of the Executive Committee shall include:
a. Oversee the day-to-day activities
of the administration of the compact including enforcement and compliance with
the provisions of the compact, its Rules and bylaws, and other such duties as
deemed necessary;
b. Recommend to the Commission
changes to the Rules or bylaws, changes to this Compact legislation, fees
charged to Member States, fees charged to Licensees, and other fees;
c. Ensure Compact administration
services are appropriately provided, including by contract;
d. Prepare and recommend the budget;
e. Maintain financial records on
behalf of the Commission;
f. Monitor Compact compliance of
Member States and provide compliance reports to the Commission;
g. Establish additional committees as
necessary;
h. Exercise the powers and duties of
the Commission during the interim between Commission meetings, except for
adopting or amending Rules, adopting or amending bylaws, and exercising any
other powers and duties expressly reserved to the Commission by Rule or bylaw;
and
i. Other duties as provided in the
Rules or bylaws of the Commission.
2. The Executive Committee shall be composed of up to 7
members:
a. The chair and vice chair of the
Commission shall be voting members of the Executive Committee; and
b. The Commission shall elect 5
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, non-public meeting as provided in subsection F.2 below.
b. The Executive Committee shall give
30 days' notice of its meetings, posted on its website and as determined to
provide notice to persons with an interest in the business of the Commission.
c. The Executive Committee may hold a
special meeting in accordance with subsection F.1.b. below.
E. The Commission shall adopt and
provide to the Member States an annual report.
F. Meetings of the Commission:
1. All meetings shall be open to the public, except that the
Commission may meet in a closed, non-public meeting as provided in subsection
F.2 below.
a. Public notice for all meetings of
the full Commission of meetings shall be given in the same manner as required
under the Rulemaking provisions in Section 9, except that the Commission may
hold a special meeting as provided in subsection F.1.b below.
b. The Commission may hold a special
meeting when it must meet to conduct emergency business by giving 48 hours'
notice to all commissioners, on the Commission's website, and other means as
provided in the Commission's rules. The Commission's legal counsel shall
certify that the Commission's need to meet qualifies as an emergency.
2. The Commission or the Executive Committee or other
committees of the Commission may convene in a closed, non-public meeting for
the Commission or Executive Committee or other committees of the Commission to
receive legal advice or to discuss:
a. Non-compliance of a Member State
with its obligations under the Compact;
b. The employment, compensation,
discipline or other matters, practices or procedures related to specific
employees;
c. Current or threatened discipline
of a Licensee 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. Matters specifically exempted from
disclosure by federal or Member State law; or
l. Other matters as promulgated by
the Commission by Rule.
3. 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.
4. 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 revenue
sources as provided in Section 7.C(14).
3. The Commission may levy on and collect an annual assessment
from each Member State and impose fees on Licensees practicing in the Member
States under an Equivalent 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 of the Member States, except by and with the authority
of the Member State.
5. The Commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the Commission shall be
subject to the financial review and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds handled by the
Commission shall be subject to an annual financial review by a certified or
licensed public accountant, and the report of the financial review shall be
included in and become part of the annual report of the Commission.
H. Qualified Immunity, Defense, and
Indemnification:
1. 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.
SECTION 8. FACILITATING INFORMATION
EXCHANGE
A. The Commission shall provide for
facilitating the exchange of information to administer and implement the
provisions of this compact in accordance with the Rules of the Commission,
consistent with generally accepted data protection principles.
B. Notwithstanding any other provision
of State law to the contrary, a Member State shall agree to provide for the
facilitation of the following Licensee information as required by the Rules of
the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a License and information related
thereto;
4. Non-confidential information related to Alternative Program
participation, the beginning and ending dates of such participation, and other
information related to such participation not made confidential under Member
State law;
5. Any denial of application for licensure, and the reason(s)
for such denial;
6. The presence of investigative information; and
7. Other information that may facilitate the administration of
this Compact or the protection of the public, as determined by the Rules of the
Commission.
C. Nothing in this compact shall be
deemed or construed to alter, limit, or inhibit the power of a Member State to
control and maintain ownership of its Licensee information or alter, limit, or
inhibit the laws or regulations governing Licensee information in the Member
State.
SECTION 9. RULEMAKING
A. The Commission shall exercise its
Rulemaking powers pursuant to the criteria set forth in this interstate compact
and the Rules adopted thereunder. Rules and amendments shall become binding as
of the date specified in each Rule or amendment.
B. The Commission shall promulgate
reasonable Rules to achieve the intent and purpose of this interstate compact.
In the event the Commission exercises its Rulemaking authority in a manner that
is beyond purpose and intent of this interstate compact, or the powers granted
hereunder, then such an action by the Commission shall be invalid and have no
force and effect of law in the Member States.
C. If a majority of the legislatures
of the Member States rejects 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.
D. Rules or amendments to the Rules
shall be adopted or ratified at a regular or special meeting of the Commission
in accordance with Commission Rules and Bylaws.
E. Prior to promulgation and adoption
of a final Rule or Rules by the Commission, and at least thirty (30) days in
advance of the meeting at which the Rule will be considered and voted upon, the
Commission shall file a notice of proposed rulemaking:
1. On the website of the Commission or other publicly
accessible platform; and
2. On the website of each Member State Licensing Authority or
other publicly accessible platform or the publication in which each State would
otherwise publish proposed Rules.
F. Upon determination that an
emergency exists, the Commission may consider and adopt an emergency Rule with
48 hours' notice, with opportunity to comment, provided that the usual
Rulemaking procedures shall be retroactively applied to the Rule as soon as reasonably
possible, in no event later than ninety (90) days after the effective date of
the Rule. For the purposes of this provision, an emergency Rule is one that
must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or
welfare.
2. Prevent a loss of Commission or Member State funds.
3. Meet a deadline for the promulgation of an administrative
Rule that is established by federal law or Rule; or
4. Protect public healthy and safety.
SECTION 10. OVERSIGHT, DISPUTE
RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive and judicial branches of the 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 supermajority 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 Licensing Authority and each of the
Member States' Licensing Authorities.
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 within that State of such termination. The terminated State shall
continue to recognize all Licenses granted pursuant to this Compact for a
minimum of six (6) months after the date of said notice of termination.
G. The Commission shall not bear any
costs related to a State that is found to be in default or that has been
terminated from the Compact, unless agreed upon in writing between the
Commission and the defaulting State.
H. The defaulting State may appeal the
action of the Commission by petitioning the U.S. District Court for the
District of Columbia or the federal district where the Commission has its
principal offices. The prevailing party shall be awarded all costs of such
litigation, including reasonable attorney's fees.
I. Dispute Resolution
1. Upon request by a Member State, the Commission shall
attempt to resolve disputes related to the Compact that arise among Member
States and between Member and non-Member States.
2. The Commission shall promulgate a Rule providing for both
mediation and binding dispute resolution for disputes as appropriate.
J. Enforcement
1. By majority vote as provided by Rule, the Commission may
initiate legal action against a Member State in default in the United States
District Court for the District of Columbia or the federal district where the
Commission has its principal offices to enforce compliance with the provisions
of the Compact and its promulgated Rules. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is necessary,
the prevailing party shall be awarded all costs of such litigation, including
reasonable attorney's fees. The remedies herein shall not be the exclusive
remedies of the Commission. The Commission may pursue any other remedies
available under federal or the defaulting Member State's law.
2. A Member State may initiate legal action against the
Commission in the U.S. District Court for the District of Columbia or the
federal district where the Commission has its principal offices to enforce
compliance with the provisions of the Compact and its promulgated Rules. The
relief sought may include both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing party shall be awarded all
costs of such litigation, including reasonable attorney's fees.
3. No person other than a Member State shall enforce this
compact against the Commission.
SECTION 11. EFFECTIVE DATE,
WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect
on the date on which the Compact statute is enacted into law in the seventh
Member State.
1. On or after the effective date of the Compact indicated
above, 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 Section 10.
b. If any Member State is later found
to be in default, or is terminated or withdraws from the Compact, the
Commission shall remain in existence and the Compact shall remain in effect
even if the number of Member States should be less than seven.
2. Member States enacting the Compact subsequent to the
Charter Member States shall be subject to the process set forth in Section
7(C)(22) 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.
a. Any State that joins the Compact
subsequent to the Commission's initial adoption of the Rules and bylaws shall
be subject to the Rules and bylaws as they exist on the date on which the
Compact becomes law in that State. Any Rule that has been previously adopted by
the Commission shall have the full force and effect of law on the day the
Compact becomes law in that State.
b. Any Member State may withdraw from
this Compact by enacting a statute repealing the same.
B. A Member State's withdrawal shall
not take effect until 180 days after enactment of the repealing statute.
C. 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.
D. 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 six
(6) months after the date of such notice of withdrawal.
1. Nothing contained in this Compact shall be construed to
invalidate or prevent any licensure agreement or other cooperative arrangement
between a Member State and a non-Member State that does not conflict with the
provisions of this Compact.
2. This Compact may be amended by the Member States. No
amendment to this Compact shall become effective and binding upon any Member
State until it is enacted into the laws of all Member States.
SECTION 12. CONSTRUCTION AND
SEVERABILITY
A. This Compact and the Commission's
rulemaking authority shall be liberally construed so as to effectuate the
purposes, and the implementation and administration of the Compact. Provisions
of the Compact expressly authorizing or requiring the promulgation of Rules
shall not be construed to limit the Commission's rulemaking authority solely
for those purposes.
B. The provisions of this Compact
shall be severable and if any phrase, clause, sentence or provision of this
Compact is held by a court of competent jurisdiction to be contrary to the
constitution of any Member State, a State seeking participation in the Compact,
or of the United States, or the applicability thereof to any government,
agency, person or circumstance is held to be unconstitutional by a court of
competent jurisdiction, the validity of the remainder of this Compact and the
applicability thereof to any other government, agency, person or circumstance
shall not be affected thereby.
C. Notwithstanding subsection B of
this Section, the Commission may deny a State's participation in the Compact
or, in accordance with the requirements of Section 10.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.
SECTION 13. CONSISTENT EFFECT AND
CONFLICT WITH OTHER STATE LAWS
A. Nothing herein shall prevent or
inhibit the enforcement of any other law of a Member State that is not
inconsistent with the Compact.
B. Any laws, statutes, regulations, or
other legal requirements in a Member State in conflict with the Compact are
superseded to the extent of the conflict.
C. All permissible agreements between
the Commission and the Member States are binding in accordance with their
terms.