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.