Florida Senate - 2025                                     SB 434
       
       
        
       By Senator Harrell
       
       
       
       
       
       31-00351-25                                            2025434__
    1                        A bill to be entitled                      
    2         An act relating to the Interstate Compact for School
    3         Psychologists; creating s. 490.016, F.S.; creating the
    4         Interstate Compact for School Psychologists; providing
    5         a purpose and objectives of the compact; defining
    6         terms; specifying requirements that states must meet
    7         to join and participate in the compact; providing for
    8         recognition of school psychologist licenses in member
    9         states; specifying criteria that a school psychologist
   10         must satisfy to practice with an equivalent license in
   11         remote states under the compact; providing
   12         requirements for renewal of an equivalent license in a
   13         member state; specifying multiple locations an active
   14         military member and his or her spouse may be deemed to
   15         hold a home state license; providing construction;
   16         providing for the exchange of files and information
   17         relating to investigations and discipline of licensees
   18         in member states; establishing the Interstate Compact
   19         for School Psychologists Commission; providing for
   20         membership, duties, and powers of the commission;
   21         specifying the powers and duties of the executive
   22         committee of the commission; providing for membership
   23         and meetings of the executive committee; requiring the
   24         commission to adopt and provide an annual report to
   25         member states; specifying public notice and
   26         recordkeeping requirements for commission meetings;
   27         providing for the financing of the commission;
   28         providing members, officers, the executive director,
   29         employees, and representatives of the commission
   30         immunity from suit and liability under certain
   31         circumstances; requiring the commission to defend such
   32         individuals in civil actions under certain
   33         circumstances; providing for the indemnity of such
   34         individuals for any settlements or judgments in such
   35         cases; providing exceptions; providing construction;
   36         requiring member states to participate in the exchange
   37         of specified information; authorizing the commission
   38         to adopt rules and bylaws; specifying rulemaking
   39         procedures, including public notice and meeting
   40         requirements; specifying emergency rulemaking
   41         procedures; providing for state enforcement of the
   42         compact; providing for the jurisdiction and venue for
   43         court proceedings against the commission; providing
   44         that the commission is entitled to receive service of
   45         process, and has standing to intervene, in all
   46         proceedings involving the enforcement or
   47         interpretation of the compact; providing procedures
   48         for defaulting member states; providing for the
   49         termination of compact membership; providing
   50         procedures for the resolution of certain disputes
   51         related to the compact; specifying procedures and
   52         jurisdiction for initiating legal action against
   53         member states or the commission; specifying the
   54         process by which the compact becomes effective;
   55         specifying procedures for withdrawing from, and making
   56         amendments to, the compact; providing construction and
   57         severability; providing an effective date.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Section 490.016, Florida Statutes, is created to
   62  read:
   63         490.016 Interstate Compact for School Psychologists.—The
   64  Interstate Compact for School Psychologists is hereby enacted
   65  into law and entered into by this state with all other states
   66  legally joining therein in the form substantially as follows:
   67  
   68                              ARTICLE I                            
   69                               PURPOSE                             
   70  
   71         (1) The purpose of the compact is to facilitate the
   72  interstate practice of school psychology in educational or
   73  school settings and, in doing so, improve the availability of
   74  school psychological services to the public.
   75         (2) The compact is intended to establish a pathway to allow
   76  school psychologists to obtain equivalent licenses to provide
   77  school psychological services in any member state. The compact
   78  shall enable member states to ensure that safe and effective
   79  school psychological services are available and delivered by
   80  qualified, licensed professionals in educational settings. The
   81  compact:
   82         (a) Enables school psychologists who qualify for receipt of
   83  an equivalent license to practice in other member states without
   84  first satisfying burdensome and duplicative requirements.
   85         (b) Promotes the mobility of school psychologists between
   86  member states in order to address workforce shortages and ensure
   87  that safe and reliable school psychological services are
   88  available in each member state.
   89         (c) Enhances the public accessibility of school
   90  psychological services by increasing the availability of
   91  qualified, licensed school psychologists through the
   92  establishment of an efficient and streamlined pathway for
   93  licensees to practice in other member states.
   94         (d) Preserves and respects the authority of each member
   95  state to protect the health and safety of its residents by
   96  ensuring that only qualified, licensed professionals are
   97  authorized to provide school psychological services within the
   98  state in which the services are being provided.
   99         (e) Requires school psychologists practicing within a
  100  member state to comply with the scope of practice laws in effect
  101  in the state where the school psychological services are being
  102  provided.
  103         (f) Promotes cooperation between member states in
  104  regulating the practice of school psychology within those
  105  states.
  106         (g) Facilitates the relocation of military members and
  107  their spouses who are licensed to provide school psychological
  108  services.
  109                             ARTICLE II                            
  110                             DEFINITIONS                           
  111  
  112         As used in the compact, the term:
  113         (1) “Active military member” means any person with full
  114  time duty status in the United States Armed Forces, including
  115  members of the National Guard and the United States Reserve
  116  Forces.
  117         (2) “Adverse action” means a disciplinary action or
  118  encumbrance imposed on a license by a state licensing authority.
  119         (3) “Alternative program” means a nondisciplinary,
  120  prosecutorial diversion, monitoring, or practice remediation
  121  process entered into in lieu of an adverse action which is
  122  applicable to a school psychologist and approved by the state
  123  licensing authority of a member state in which the participating
  124  school psychologist is licensed, including, but not limited to,
  125  programs to which licensees with substance abuse or addiction
  126  issues may be referred in lieu of an adverse action.
  127         (4) “Commissioner” means the individual appointed by a
  128  member state to serve as the representative to the commission of
  129  the member state.
  130         (5) “Compact” means the Interstate Compact for School
  131  Psychologists.
  132         (6) “Continuing professional education” means a requirement
  133  imposed by a member state as a condition of license renewal to
  134  provide evidence of successful participation in professional
  135  educational activities relevant to the provision of school
  136  psychological services.
  137         (7) “Criminal background check” means the submission of
  138  fingerprints or other biometric information for a license
  139  applicant for the purpose of obtaining his or her criminal
  140  history record information as defined in 28 C.F.R. s. 20.3(d)
  141  and the state’s criminal history record repository as defined in
  142  28 C.F.R. s. 20.3(f).
  143         (8) “Doctoral-level degree” means a graduate degree program
  144  that consists of at least 90 graduate semester hours in the
  145  field of school psychology, including a supervised internship.
  146         (9) “Encumbered license” means a license that a state
  147  licensing authority has limited in any way other than through an
  148  alternative program, including temporary or provisional
  149  licenses.
  150         (10) “Equivalent license” means a license to practice
  151  school psychology which is equivalent to the license held by a
  152  school psychologist in any other member state.
  153         (11) “Executive committee” means the chair, vice chair,
  154  secretary, and treasurer of the commission and any other members
  155  as determined by commission rule or bylaw.
  156         (12) “Home state” means the member state that issued the
  157  license to the licensee and is the licensee’s primary state of
  158  practice.
  159         (13) “Home state license” means an unencumbered license
  160  issued by a home state to provide school psychological services.
  161         (14) “Interstate Compact for School Psychologists
  162  Commission” or “commission” means the joint government agency
  163  established by the compact whose membership consists of
  164  representatives from each member state that has enacted the
  165  compact as described in article VII.
  166         (15) “License” means a current license, certification, or
  167  other authorization granted by a member state’s licensing
  168  authority which permits an individual to provide school
  169  psychological services.
  170         (16) “Licensee” means an individual who holds a license
  171  from a member state to provide school psychological services.
  172         (17) “Member state” means a state that has enacted the
  173  compact and has been admitted to the commission in accordance
  174  with the compact and commission rules.
  175         (18) “Model compact” means the model language for the
  176  compact on file with the council of state governments or other
  177  entity as designated by the commission.
  178         (19) “Practice of school psychology” means the delivery of
  179  school psychological services.
  180         (20) “Qualifying national exam” means a national licensing
  181  examination endorsed by the National Association of School
  182  Psychologists and any other exam as approved by the rules of the
  183  commission.
  184         (21) “Qualifying school psychologist education program”
  185  means an education program that awards a specialist-level or
  186  doctoral-level degree or equivalent upon completion and is
  187  approved by the rules of the commission as meeting the necessary
  188  minimum educational standards to ensure that its graduates are
  189  ready, qualified, and able to engage in the practice of school
  190  psychology.
  191         (22) “Remote state” means a member state other than the
  192  home state where a licensee holds a license through the compact.
  193         (23) “Rule” means a regulation adopted by an entity,
  194  including, but not limited to, the commission and the state
  195  licensing authority of each member state, which has the force of
  196  law.
  197         (24) “School psychological services” means academic,
  198  mental, and behavioral health services, including assessment,
  199  prevention, consultation and collaboration, intervention, and
  200  evaluation, provided by a school psychologist in a school, as
  201  outlined in applicable professional standards as determined by
  202  commission rule.
  203         (25) “School psychologist” means an individual who has met
  204  the requirements to obtain a home state license that legally
  205  conveys the professional title of school psychologist, or its
  206  equivalent as determined by commission rule.
  207         (26) “Scope of practice” means the procedures, actions, and
  208  processes a school psychologist licensed in a state is permitted
  209  to undertake and the circumstances under which that licensee is
  210  permitted to undertake such procedures, actions, and processes.
  211  The procedures, actions, and processes and the circumstances
  212  under which they may be undertaken may be established through
  213  means which include, but are not limited to, statute,
  214  regulations, case law, and other processes available to the
  215  state licensing authority or other government agency.
  216         (27) “Specialist-level degree” means a degree program that
  217  requires at least 60 graduate semester hours or equivalent in
  218  the field of school psychology, including a supervised
  219  internship.
  220         (28) “State” means any state, commonwealth, district, or
  221  territory of the United States.
  222         (29) “State licensing authority” means a member state’s
  223  regulatory body responsible for issuing licenses or otherwise
  224  overseeing the practice of school psychology.
  225         (30) “State-specific requirement” means a requirement for
  226  licensure covered in coursework or an examination that includes
  227  content of unique interest to the state.
  228         (31) “Unencumbered license” means a license that authorizes
  229  a licensee to engage in the full and unrestricted practice of
  230  school psychology.
  231  
  232                             ARTICLE III                           
  233                 STATE PARTICIPATION IN THE COMPACT                
  234  
  235         (1) A member state must meet the following requirements to
  236  join and maintain eligibility within the compact:
  237         (a) Enact a compact statute that is not materially
  238  different from the model compact as defined in the commission’s
  239  rules.
  240         (b) Participate in the sharing of information with other
  241  member states as reasonably necessary to accomplish the
  242  objectives of the compact, as outlined in article VIII.
  243         (c) Identify and maintain with the commission a list of
  244  equivalent licenses available to licensees who hold a home state
  245  license under the compact.
  246         (d) Have a mechanism in place for receiving and
  247  investigating complaints about licensees.
  248         (e) Notify the commission, in compliance with the terms of
  249  the compact and the commission’s rules, of any adverse action
  250  taken against a licensee, or of the availability of
  251  investigative information that relates to a licensee or
  252  applicant for licensure.
  253         (f) Require that applicants for a home state license have:
  254         1. Taken and passed a qualifying national exam as defined
  255  by the rules of the commission.
  256         2. Completed a minimum of 1,200 hours of supervised
  257  internship, of which at least 600 hours must have been completed
  258  in an educational institution prior to being approved for
  259  licensure.
  260         3. Graduated from a qualifying school psychologist
  261  education program.
  262         (g) Comply with the terms of the compact and the rules of
  263  the commission.
  264         (2) Each member state shall grant an equivalent license to
  265  practice school psychology in a remote state upon application by
  266  a licensee who satisfies the criteria of subsection (1) of
  267  article IV. Each member state shall grant renewal of the
  268  equivalent license to a licensee who satisfies the criteria of
  269  subsection (2) of article IV.
  270  
  271                             ARTICLE IV                            
  272          SCHOOL PSYCHOLOGIST PARTICIPATION IN THE COMPACT         
  273  
  274         (1) To obtain and maintain an equivalent license from a
  275  remote state under the compact, a licensee must:
  276         (a) Hold and maintain an active home state license.
  277         (b) Satisfy all applicable state-specific requirements
  278  established by the member state after an equivalent license is
  279  granted.
  280         (c) Complete all administrative or application requirements
  281  that the commission may establish by rule.
  282         (d) Complete all requirements for renewal in the home
  283  state, including applicable continuing professional education
  284  requirements.
  285         (e) Undergo a criminal background check in the member state
  286  in which the equivalent license is sought in accordance with the
  287  laws and regulations of the member state, once an individual
  288  submits an application to receive a license under the compact.
  289         (2) To renew an equivalent license in a member state other
  290  than the home state, a licensee need only apply for renewal,
  291  complete a background check, and pay renewal fees as determined
  292  by the licensing authority.
  293  
  294                              ARTICLE V                            
  295              ACTIVE MILITARY MEMBERS OR THEIR SPOUSES             
  296  
  297         A licensee who is an active military member or is the
  298  spouse of an active military member is deemed to hold a home
  299  state license in any of the following locations:
  300         (1) The licensee’s permanent residence.
  301         (2) A member state that is the licensee’s primary state of
  302  practice.
  303         (3) A member state where the licensee has relocated
  304  pursuant to a permanent change of station.
  305  
  306                             ARTICLE VI                            
  307                    DISCIPLINE AND ADVERSE ACTION                  
  308  
  309         (1) The compact does not limit the authority of a member
  310  state to investigate or impose disciplinary measures on
  311  licensees according to the member state’s applicable practice
  312  laws.
  313         (2) Member states may receive and shall provide files and
  314  information regarding the investigation and discipline, if any,
  315  of licensees in other member states upon request. Any member
  316  state receiving such files or information must protect and
  317  maintain the security and confidentiality thereof, in at least
  318  the same manner that it maintains its own investigatory or
  319  disciplinary files and information. Before disclosing any
  320  disciplinary or investigatory information received from another
  321  member state, the disclosing state shall communicate its
  322  intention and purpose for such disclosure to the member state
  323  which originally provided that information.
  324  
  325                             ARTICLE VII                           
  326               ESTABLISHMENT OF THE INTERSTATE COMPACT             
  327                 FOR SCHOOL PSYCHOLOGISTS COMMISSION               
  328  
  329         (1) There is hereby created a joint government agency, with
  330  membership consisting of all member states that have enacted the
  331  compact, known as the Interstate Compact for School
  332  Psychologists Commission. The commission is an instrumentality
  333  of the member states acting jointly and not an instrumentality
  334  of any one state. The commission shall come into existence on or
  335  after the effective date of the compact as provided in article
  336  XI.
  337         (2) Each member state shall have and be limited to one
  338  delegate selected by the licensing authority of that member
  339  state’s licensing authority. The delegate must be the primary
  340  administrative officer of the member state licensing authority
  341  or a designee who is an employee of the member state licensing
  342  authority. The commission shall by rule or bylaw establish a
  343  term of office for delegates and may by rule or bylaw establish
  344  term limits. The commission may recommend removal or suspension
  345  of any delegate from office. A member state’s licensing
  346  authority shall fill any vacancy of its delegate on the
  347  commission within 60 days after the vacancy occurs. Each
  348  delegate is entitled to one vote on all matters before the
  349  commission requiring a vote by commission delegates. A delegate
  350  shall vote in person or by such other means as provided in the
  351  bylaws. The bylaws may provide for delegates to meet by
  352  telecommunication, videoconference, or other means of electronic
  353  communication. The commission shall meet at least once during
  354  each calendar year. Additional meetings may be held as provided
  355  in the commission bylaws. The commission may meet by
  356  telecommunication, video conference, or other similar electronic
  357  means of communication.
  358         (3) The commission may exercise all of the following
  359  powers:
  360         (a) Establish the fiscal year of the commission.
  361         (b) Establish code of conduct and conflict of interest
  362  policies.
  363         (c) Adopt and amend rules and bylaws.
  364         (d) Establish the procedure through which a licensee may
  365  change his or her home state.
  366         (e) Maintain financial records in accordance with the
  367  bylaws.
  368         (f) Meet and take actions consistent with the provisions of
  369  the compact and the commission’s rules and bylaws.
  370         (g) Initiate and conclude legal proceedings or actions in
  371  the name of the commission, provided that the standing of any
  372  member state licensing authority to sue or be sued under
  373  applicable law is not affected.
  374         (h) Maintain and certify records and information provided
  375  to a member state as the authenticated business records of the
  376  commission and designate an agent to do so on the commission’s
  377  behalf.
  378         (i) Purchase and maintain insurance and bonds.
  379         (j) Borrow, accept, or contract for services of personnel,
  380  including, but not limited to, employees of a member state.
  381         (k) Conduct an annual financial review, hire employees,
  382  elect or appoint officers, fix compensation, define duties,
  383  grant such individuals appropriate authority to carry out the
  384  purposes of the compact, and establish the commission’s
  385  personnel policies and programs relating to conflicts of
  386  interest, qualifications of personnel, and other related
  387  personnel matters.
  388         (l) Accept appropriate gifts, donations, grants of money,
  389  other sources of revenue, equipment, supplies, materials, and
  390  services, and receive, utilize, and dispose of the same,
  391  provided that the commission avoids any appearance of
  392  impropriety or conflict of interest.
  393         (m) Lease, purchase, retain, own, hold, improve, or use any
  394  property, real, personal, or mixed, or any undivided interest
  395  therein.
  396         (n) Sell, convey, mortgage, pledge, lease, exchange,
  397  abandon, or otherwise dispose of any property, real, personal,
  398  or mixed.
  399         (o) Establish a budget and make expenditures.
  400         (p) Borrow money.
  401         (q) Appoint committees, including standing committees,
  402  composed of members, state regulators, state legislators or
  403  their representatives, consumer representatives, and such other
  404  interested persons as may be designated in the compact and
  405  commission bylaws.
  406         (r) Provide and receive information from, and cooperate
  407  with, law enforcement agencies.
  408         (s) Establish and elect an executive committee, including a
  409  chair and a vice chair.
  410         (t) Determine whether a state’s adopted language is
  411  materially different from the model compact language such that
  412  the state would not qualify for participation in the compact.
  413         (u) Perform such other functions as may be necessary or
  414  appropriate to achieve the purposes of the compact.
  415         (4)(a) The executive committee has the power to act on
  416  behalf of the commission according to the terms of the compact.
  417  The executive committee has all of the following powers and
  418  duties:
  419         1. Oversee the day-to-day activities of the administration
  420  of the compact, including enforcement and compliance with the
  421  compact, the commission’s rules and bylaws, and other such
  422  duties as deemed necessary.
  423         2.Recommend to the commission changes to the rules or
  424  bylaws or changes to the compact legislation.
  425         3.Ensure compact administration services are appropriately
  426  provided, including by contract.
  427         4. Prepare and recommend the budget.
  428         5. Maintain financial records on behalf of the commission.
  429         6. Monitor compact compliance of member states and provide
  430  compliance reports to the commission.
  431         7. Establish additional committees as necessary.
  432         8. Exercise the powers and duties of the commission during
  433  the interim between commission meetings, except for adopting or
  434  amending rules, adopting or amending bylaws, and exercising any
  435  other powers and duties expressly reserved to the commission by
  436  rule or bylaw.
  437         9. Other duties as provided in the commission rules or
  438  bylaws.
  439         (b) The executive committee shall be composed of up to
  440  seven members. The chair and vice chair of the commission are
  441  voting members of the executive committee. The commission shall
  442  elect five voting members from the current membership of the
  443  commission to serve on the executive committee.
  444         (c) The commission may remove any member of the executive
  445  committee as provided in the commission’s bylaws.
  446         (d) The executive committee shall meet at least annually.
  447         (5) The commission shall adopt and provide to the member
  448  states an annual report.
  449         (6)(a) All meetings of the commission and executive
  450  committee shall be open to the public, and the commission or
  451  executive committee, as applicable shall give 30 days’ notice of
  452  their meetings, posted on the commission’s website and as
  453  determined by the commission to provide notice to persons with
  454  an interest in the business of the commission. The commission
  455  may meet in a closed, nonpublic meeting as provided in s.
  456  490.017.
  457         1. Public notice for all meetings of the full commission
  458  must be given in the same manner as required under the
  459  rulemaking provisions in article IX, except that the commission
  460  may hold a special meeting as provided in subparagraph 2.
  461         2. The commission may hold a special meeting when it must
  462  meet to conduct emergency business by giving 48 hours’ notice to
  463  all commissioners on the commission’s website and by any other
  464  means provided in the commission’s rules or bylaws. The
  465  commission’s legal counsel shall certify that the commission’s
  466  need to meet qualifies as an emergency.
  467         3. If a meeting or any portion of a meeting is closed under
  468  this subsection, the commission’s legal counsel or designee
  469  shall certify that the meeting may be closed and shall reference
  470  each relevant exempting provision.
  471         (b) The commission shall keep minutes that fully and
  472  clearly describe all matters discussed in a meeting and shall
  473  provide a full and accurate summary of actions taken, and the
  474  reasons therefore, including a description of the views
  475  expressed. All documents considered in connection with an action
  476  must be identified in minutes. All minutes and documents of a
  477  closed meeting shall remain under seal, subject to release by a
  478  majority vote of the commission or by order of a court of
  479  competent jurisdiction.
  480         (7)(a) The commission shall pay, or provide for the payment
  481  of, the reasonable expenses of its establishment, organization,
  482  and ongoing activities.
  483         (b) The commission may accept any and all appropriate
  484  revenue sources, donations, and grants of money, equipment,
  485  supplies, materials, and services.
  486         (c) The commission may not incur obligations of any kind
  487  before securing the funds adequate to meet the same or pledge
  488  the credit of any of the member states except by and with the
  489  authority of the member state.
  490         (d) The commission shall keep accurate accounts of all
  491  receipts and disbursements. The receipts and disbursements of
  492  the commission are subject to the financial review and
  493  accounting procedures established under its bylaws. However, all
  494  receipts and disbursements of funds handled by the commission
  495  are subject to an annual financial review by a certified or
  496  licensed public accountant, and the report of the financial
  497  review must be included in and become part of the annual report
  498  of the commission.
  499         (8)(a) The members, officers, executive director,
  500  employees, and representatives of the commission are immune from
  501  suit and liability, both personally and in their official
  502  capacity, for any claim for damage to or loss of property or
  503  personal injury or other civil liability caused by or arising
  504  out of any actual or alleged act, error, or omission that
  505  occurred, or that the person against whom the claim is made had
  506  a reasonable basis for believing occurred within the scope of
  507  commission employment, duties, or responsibilities. This
  508  paragraph may not be construed to protect any such person from
  509  suit or liability for any damage, loss, injury, or liability
  510  caused by the intentional or willful or wanton misconduct of
  511  that person. The procurement of insurance of any type by the
  512  commission may not in any way compromise or limit the immunity
  513  granted hereunder.
  514         (b) The commission shall defend any member, officer,
  515  executive director, employee, and representative of the
  516  commission in any civil action seeking to impose liability
  517  arising out of any actual or alleged act, error, or omission
  518  that occurred within the scope of commission employment, duties,
  519  or responsibilities, or as determined by the commission that the
  520  person against whom the claim is made had a reasonable basis for
  521  believing occurred within the scope of commission employment,
  522  duties, or responsibilities, provided that this paragraph may
  523  not be construed to prohibit that person from retaining his or
  524  her own counsel at his or her own expense, and provided further,
  525  that the actual or alleged act, error, or omission did not
  526  result from that person’s intentional or willful or wanton
  527  misconduct.
  528         (c) The commission shall indemnify and hold harmless any
  529  member, officer, executive director, employee, or representative
  530  of the commission for the amount of any settlement or judgment
  531  obtained against that person arising out of any actual or
  532  alleged act, error, or omission that occurred within the scope
  533  of commission employment, duties, or responsibilities, or that
  534  such person had a reasonable basis for believing occurred within
  535  the scope of commission employment, duties, or responsibilities,
  536  provided that the actual or alleged act, error, or omission did
  537  not result from the intentional or willful or wanton misconduct
  538  of that person.
  539         (9) The compact does not:
  540         (a) Limit the liability of a licensee for professional
  541  malpractice or misconduct that is governed solely by any other
  542  applicable state laws.
  543         (b) Waive or otherwise abrogate a member state’s immunity
  544  or affirmative defense with respect to antitrust claims under
  545  the Sherman Antitrust Act of 1890, Clayton Antitrust Act of
  546  1914, or any other state or federal antitrust or anticompetitive
  547  law or regulation.
  548         (c) Waive sovereign immunity by the member states or by the
  549  commission.
  550  
  551                            ARTICLE VIII                           
  552                  FACILITATING INFORMATION EXCHANGE                
  553  
  554         (1) The commission shall facilitate the exchange of
  555  information to administer and implement the compact in
  556  accordance with the rules of the commission, consistent with
  557  generally accepted data protection principles.
  558         (2) Notwithstanding any other provision of law to the
  559  contrary, a member state shall agree to facilitate the following
  560  licensee information as required by the rules of the commission,
  561  including all of the following:
  562         (a) Identifying information.
  563         (b) Licensure data.
  564         (c) Adverse actions against a licensee and information
  565  related thereto.
  566         (d) Nonconfidential information related to alternative
  567  program participation, the beginning and ending dates of such
  568  participation, and other information related to such
  569  participation not made confidential under member state law.
  570         (e) Any denial of application for licensure, and the reason
  571  for such denial.
  572         (f) The presence of investigative information.
  573         (g) Other information that may facilitate the
  574  administration of the compact or the protection of the public,
  575  as determined by commission rules.
  576         (3) The compact does not alter, limit, or inhibit the power
  577  of a member state to control and maintain ownership of its
  578  licensee information or alter, limit, or inhibit the laws or
  579  regulations governing licensee information in the member state.
  580  
  581                             ARTICLE IX                            
  582                             RULEMAKING                            
  583  
  584         (1) The commission shall exercise its rulemaking powers
  585  provided in the compact and the rules adopted thereunder. Rules
  586  and amendments become binding as of the date specified in each
  587  rule or amendment.
  588         (2) The commission shall adopt reasonable rules to achieve
  589  the intent and purpose of the compact. In the event the
  590  commission exercises its rulemaking authority in a manner that
  591  is beyond the purpose and intent of the compact, or the powers
  592  granted hereunder, then such an action by the commission is
  593  invalid and has no force and effect of law in the member states.
  594         (3) If a majority of the legislatures of the member states
  595  rejects a rule by enactment of a statute or resolution in the
  596  same manner used to adopt the compact within 4 years after the
  597  date of adoption of the rule, such rule has no further force and
  598  effect in any member state.
  599         (4) Rules or amendments to the rules must be adopted or
  600  ratified at a regular or special meeting of the commission in
  601  accordance with commission rules and bylaws.
  602         (5) Before adoption of a final rule or rules by the
  603  commission, and at least 30 days in advance of the meeting at
  604  which the rule will be considered and voted upon, the commission
  605  must file a notice of proposed rulemaking on the website of the
  606  commission or other publicly accessible platform and on the
  607  website of each member state licensing authority or other
  608  publicly accessible platform or publication in which each state
  609  would otherwise publish proposed rules.
  610         (6) Upon determination that an emergency exists, the
  611  commission may consider and adopt an emergency rule with 48
  612  hours’ notice, with the opportunity to comment, provided that
  613  the usual rulemaking procedures are retroactively applied to the
  614  rule as soon as reasonably possible, but in no event later than
  615  90 days after the effective date of the rule. For the purposes
  616  of this subsection, an emergency rule is one that must be
  617  adopted immediately in order to:
  618         (a) Meet an imminent threat to public health, safety, or
  619  welfare;
  620         (b) Prevent a loss of commission or member state funds;
  621         (c) Meet a deadline for the adoption of an administrative
  622  rule that is established by federal law or rule; or
  623         (d) Protect public health and safety.
  624  
  625                              ARTICLE X                            
  626           OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT          
  627  
  628         (1)(a) The executive and judicial branches of the state
  629  government in each member state shall enforce the compact and
  630  take all actions necessary and appropriate to implement the
  631  compact.
  632         (b) Venue is proper and judicial proceedings by or against
  633  the commission must be brought solely and exclusively in a court
  634  of competent jurisdiction where the principal office of the
  635  commission is located. The commission may waive venue and
  636  jurisdictional defenses to the extent it adopts or consents to
  637  participate in alternative dispute resolution proceedings. This
  638  paragraph does not affect or limit the selection or propriety of
  639  venue in any action against a licensee for professional
  640  malpractice, misconduct, or any such similar matter.
  641         (c) The commission is entitled to receive service of
  642  process in any proceeding regarding the enforcement or
  643  interpretation of the compact and has standing to intervene in
  644  such a proceeding for all purposes. Failure to provide the
  645  commission service of process renders a judgment or order void
  646  as to the commission, the compact, or adopted rules.
  647         (2)(a) If the commission determines that a member state has
  648  defaulted in the performance of its obligations or
  649  responsibilities under the compact or the adopted rules, the
  650  commission shall provide written notice to the defaulting state.
  651  The notice of default must describe the default, the proposed
  652  means of curing the default, and any other action that the
  653  commission may take and must offer training and specific
  654  technical assistance regarding the default.
  655         (b) The commission shall provide a copy of the notice of
  656  default to the other member states.
  657         (3) If a state in default fails to cure the default, the
  658  defaulting state may be terminated from the compact upon an
  659  affirmative vote of a supermajority of the delegates of the
  660  member states, and all rights, privileges, and benefits
  661  conferred on that state by the compact may be terminated on the
  662  effective date of termination. A remedy of the default does not
  663  relieve the offending state of obligations or liabilities
  664  incurred during the period of default.
  665         (4) Termination of membership in the compact may be imposed
  666  only after all other means of securing compliance have been
  667  exhausted. The commission shall submit a notice of intent to
  668  suspend or terminate the defaulting state’s licensing authority
  669  to the defaulting state’s governor, the majority and minority
  670  leaders of the defaulting state’s legislature, and each of the
  671  member states’ licensing authorities.
  672         (5) A member state that has been terminated is responsible
  673  for all assessments, obligations, and liabilities incurred
  674  through the effective date of termination, including obligations
  675  that extend beyond the effective date of termination.
  676         (6) Upon the termination of a state’s membership from the
  677  compact, the state shall immediately provide notice to all
  678  licensees within that state of such termination. The terminated
  679  state shall continue to recognize all licenses granted pursuant
  680  to the compact for a minimum of 6 months after the date of the
  681  notice of termination.
  682         (7) The commission may not bear any costs related to a
  683  state that is found to be in default or that has been terminated
  684  from the compact, unless agreed upon in writing between the
  685  commission and the defaulting state.
  686         (8) The defaulting state may appeal the action of the
  687  commission by petitioning the United States District Court for
  688  the District of Columbia or the federal district where the
  689  commission has its principal offices. The prevailing party shall
  690  be awarded all costs of such litigation, including reasonable
  691  attorney fees.
  692         (9)(a) Upon request by a member state, the commission shall
  693  attempt to resolve disputes related to the compact which arise
  694  among member states and between member and nonmember states.
  695         (b) The commission shall adopt a rule providing for both
  696  mediation and binding dispute resolution for disputes, as
  697  appropriate.
  698         (10)(a) By majority vote as provided by rule, the
  699  commission may initiate legal action against a member state in
  700  default in the United States District Court for the District of
  701  Columbia or the federal district where the commission has its
  702  principal offices to enforce compliance with the compact and its
  703  adopted rules. The relief sought may include both injunctive
  704  relief and damages. In the event judicial enforcement is
  705  necessary, the prevailing party shall be awarded all costs of
  706  such litigation, including reasonable attorney fees. The
  707  remedies herein are not the exclusive remedies of the
  708  commission. The commission may pursue any other remedies
  709  available under federal or the defaulting member state’s law.
  710         (b) A member state may initiate legal action against the
  711  commission in the United States District Court for the District
  712  of Columbia or the federal district where the commission has its
  713  principal offices to enforce compliance with the provisions of
  714  the compact and its adopted rules. The relief sought may include
  715  both injunctive relief and damages. In the event judicial
  716  enforcement is necessary, the prevailing party shall be awarded
  717  all costs of such litigation, including reasonable attorney
  718  fees.
  719         (c) Only a member state may enforce the compact against the
  720  commission.
  721  
  722                             ARTICLE XI                            
  723              EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT            
  724  
  725         (1) The compact becomes effective on the date on which the
  726  compact statute is enacted into law in the seventh member state,
  727  all seven of which states shall be known as “charter member
  728  states.”
  729         (a) On or after the effective date of the compact, the
  730  commission shall convene and review the enactment of each of the
  731  charter member states to determine whether the statute enacted
  732  by each such charter member state is materially different from
  733  the model compact language.
  734         1. A charter member state whose enactment is found to be
  735  materially different from the model compact language is entitled
  736  to the default process provided in article X.
  737         2. If any member state is later found to be in default or
  738  is terminated or withdraws from the compact, the commission
  739  remains in existence and the compact remains in effect even if
  740  the number of remaining member states is fewer than seven.
  741         (b) Member states enacting the compact subsequent to the
  742  charter member states are subject to paragraph (3)(u) of article
  743  VII to determine whether their enactments are materially
  744  different from the model compact language and whether they
  745  qualify for participation in the compact.
  746         (c) All actions taken for the benefit of the commission or
  747  in furtherance of the purposes of the administration of the
  748  compact before the effective date of the compact or the
  749  commission coming into existence are considered to be actions of
  750  the commission unless specifically repudiated by the commission.
  751         1. Any state that joins the compact subsequent to the
  752  commission’s initial adoption of the rules and bylaws is subject
  753  to the rules and bylaws as they exist on the date on which the
  754  compact becomes law in that state. Any rule that has been
  755  previously adopted by the commission has the full force and
  756  effect of law on the day the compact becomes law in that state.
  757         2. Any member state may withdraw from the compact by
  758  enacting a statute repealing the same.
  759         (2) A member state’s withdrawal may not take effect until
  760  180 days after enactment of the repealing statute.
  761         (3) Withdrawal may not affect the continuing requirement of
  762  the withdrawing state’s licensing authority to comply with the
  763  investigative and adverse action reporting requirements of the
  764  compact before the effective date of withdrawal.
  765         (4) Upon the enactment of a statute withdrawing from the
  766  compact, a state shall immediately provide notice of such
  767  withdrawal to all licensees within that state. Notwithstanding
  768  any subsequent statutory enactment to the contrary, such
  769  withdrawing state must continue to recognize all licenses
  770  granted pursuant to the compact for a minimum of 6 months after
  771  the date of such notice of withdrawal.
  772         (a) The compact does not prevent any licensure agreement or
  773  other cooperative arrangement between a member state and a
  774  nonmember state which does not conflict with the provisions of
  775  the compact.
  776         (b) The compact may be amended by the member states. An
  777  amendment to the compact does not become effective and binding
  778  upon any member state until it is enacted into the laws of all
  779  member states.
  780  
  781                             ARTICLE XII                           
  782                    CONSTRUCTION AND SEVERABILITY                  
  783  
  784         (1) The compact and the commission’s rulemaking authority
  785  must be liberally construed so as to effectuate the purposes,
  786  implementation, and administration of the compact. Provisions of
  787  the compact expressly authorizing or requiring the adoption of
  788  rules may not be construed to limit the commission’s rulemaking
  789  authority solely for those purposes.
  790         (2) The provisions of the compact are severable, and if any
  791  phrase, clause, sentence, or provision of the compact is held by
  792  a court of competent jurisdiction to be contrary to the
  793  constitution of any member state, a state seeking participation
  794  in the compact, or of the United States, or the applicability
  795  thereof to any government, agency, person, or circumstance is
  796  held to be unconstitutional by a court of competent
  797  jurisdiction, the validity of the remainder of the compact and
  798  the applicability thereof to any other government, agency,
  799  person, or circumstance may not be affected thereby.
  800         (3) Notwithstanding subsection (2), the commission may deny
  801  a state’s participation in the compact or, in accordance with
  802  the requirements of paragraph (2)(a) of article X, terminate a
  803  member state’s participation in the compact, if it determines
  804  that a constitutional requirement of a member state is a
  805  material departure from the compact. Otherwise, if the compact
  806  is held to be contrary to the constitution of any member state,
  807  the compact remains in full force and effect as to the remaining
  808  member states and in full force and effect as to the member
  809  state affected as to all severable matters.
  810  
  811                            ARTICLE XIII                           
  812        CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS       
  813  
  814         (1) The compact does not prevent or inhibit the enforcement
  815  of any other law of a member state which is consistent with the
  816  compact.
  817         (2) Any law, statute, regulation, or other legal
  818  requirement in a member state in conflict with the compact is
  819  superseded to the extent of the conflict.
  820         (3) All permissible agreements between the commission and
  821  the member states are binding in accordance with their terms.
  822         Section 2. This act shall take effect July 1, 2025.