SB 276 — Ratify the Interstate Compact for School Psychologists

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276 Page136th 2G.A. As Passed by the Senate enable the Member States to ensure that safe and effective 19 School Psychological Services are available and delivered by 20 appropriately qualified professionals in their educational 21 settings.

22the ToRevised facilitateCode theor objectivesin describeda above,science, thistechnology, 23engineering, Compact:and mathematics school established under Chapter 3326.

24of A.the Revised Code shall be afforded, by the superintendent of the school district in which the student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code, the opportunity to participate in that extracurricular activity at the district school to which the student otherwise would be assigned during that school year.

EnablesIf Schoolmore Psychologiststhan whoone qualifyschool foroperated receiptby ofthe 25school andistrict Equivalentserves Licensethe student's grade level, as determined by the district superintendent based on the student's age and academic performance, the student shall be afforded the opportunity to practiceparticipate in otherthat Memberextracurricular Statesactivity withoutat 26the firstschool satisfyingto burdensomewhich andthe duplicativestudent requirements;would be assigned by the superintendent under section 3319.01 of the Revised Code.

27(2) B.The superintendent of any school district may afford any student enrolled in community school or science, technology, engineering, and mathematics school, and who is not entitled to attend school in the district under section 3313.64 or 3313.65 of the Revised Code, the opportunity to participate in an extracurricular activity offered by a school of the district, if both of the following apply:

Promotes(a) theThe mobilityschool ofin Schoolwhich Psychologists between 28 and among the Memberstudent Statesis inenrolled orderdoes tonot addressoffer workforcethe 29extracurricular shortagesactivity. and to ensure that safe and reliable School 30 Psychological Services are available in each Member State;

31(b) C.The Except as provided in section 3313.5321 of the Revised Code, the extracurricular activity is not interscholastic athletics or interscholastic contests or competition in music, drama, or forensics.

Enhances(C) In order to participate in any extracurricular activity under this section, the publicstudent accessibilityshall be of Schoolthe 32appropriate Psychologicalage Servicesand bygrade increasinglevel, as determined by the availabilitysuperintendent of 33the qualified,district, licensedfor Schoolthe Psychologistsschool throughthat offers the 34extracurricular establishmentactivity, ofand anshall efficientfulfill andthe streamlinedsame pathwayacademic, fornonacademic, 35and Licenseesfinancial torequirements practiceas inany other Memberparticipant. States;

36(D) D.No school district board of education shall take any action contrary to the provisions of this section.

Preserves(E) andNo respectsschool theor authorityschool ofdistrict eachshall Memberimpose 37additional Staterules toon protecta thestudent healthto andparticipate safetyunder ofthis itssection residents by 38 ensuring that onlydo qualified,not licensedapply professionals are 39 authorized to provideother Schoolstudents Psychologicalparticipating Servicesin withinthe thatsame 40extracurricular State;activity.

41No E.school or school district shall impose fees for a student to participate under this section that exceed any fees charged to other students participating in the same extracurricular activity.

Requires(F) SchoolNo Psychologistsschool practicingdistrict, withininterscholastic aconference, 42or Memberorganization Statethat toregulates complyinterscholastic withconferences theor Scopeevents ofshall Practicerequire lawsa presentstudent 43who is eligible to participate in theextracurricular Stateactivities whereunder thethis Schoolsection Psychologicalto Servicesmeet areeligibility beingrequirements 44that provided;conflict with this section.

45Sec. F.

Promotes3313.5321. cooperation between the Member States in 46 regulating the practice of School Psychology within those 47 Am.

(A) As used in this section:

(1) "Community school" means a community school established under Chapter 3314.

Of the Revised Code.

(2) "Extracurricular activity" has the same meaning as in section 3313.537 of the Revised Code.

(3) "High school" means a school that serves any of grades nine through twelve.

Am.

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276 Page136th 3G.A. As Passed by the Senate States;

and(4) 48"Neighboring G.school" means either of the following:

Facilitates(a) theFor relocationa board of militaryeducation, membersany andof 49the theirfollowing: spouses who are licensed to provide School Psychological 50 Services.

51(i) SECTIONA 2.high school operated by the board of education other than the high school in which the student is enrolled;

DEFINITIONS(ii) 52A A.high school operated by a school district that directly borders the board of education's school district;

"Active(iii) MilitaryIf Member"the meansboard anyof personeducation's withschool full-district 53borders timeLake dutyErie, statusa inhigh theschool armedoperated forcesby ofan theisland Unitedschool States,district; 54 including members of the National Guard and Reserve.

55(iv) B.Any other public high school that is located within the territory of either the board of education's school district or a school district that directly borders the board of education's school district.

"Adverse(b) Action"For means disciplinary action or 56 encumbrance imposed on a Licenseschool bygoverning abody, Stateany Licensingof Authority.the following:

57(i) C.A high school operated by the board of education of the school district in which the other public high school is located;

"Alternative(ii) Program"A meanshigh aschool non-disciplinary,operated 58by prosecutorial diversion, monitoring, or practice remediation 59 process entered into in lieu of an Adverse Action which is 60 applicable to a Schoolschool Psychologistdistrict andthat approveddirectly byborders the Stateschool 61district Licensing Authority of a Member State in which the participatingother 62public Schoolhigh Psychologistschool is licensed.located;

This(iii) includes,A butdifferent isother notpublic 63high limitedschool to,that programsis tolocated whichwithin Licenseesthe withterritory substanceof abuseeither or 64 addiction issues may be referred in lieu of anthe Adversefollowing: Action.

65(I) D.The school district in which the other public high school is located;

"Commissioner"(II) meansA theschool individualdistrict appointedthat bydirectly aborders 66that Memberschool Statedistrict toin servewhich as the representativeother topublic thehigh Commissionschool 67is forlocated. that Member State.

68(5) E."Other public high school" means a community school or STEM school that is a high school.

"Compact"(6) "School governing body" means thisthe Schoolgoverning Psychologistauthority Interstateof 69a Licensurecommunity Compact.school or the governing body of a STEM school.

70(7) F."STEM school" means a STEM school established under Chapter 3326.

"Continuing Professional Education" means a 71 requirement, imposed by a Member State as a condition of License 72 renewal to provide evidence of successful participation in 73 professional educational activities relevant to the provisionRevised ofCode. 74 School Psychological Services.

75(B) Am.Beginning with the 2026-2027 school year, each school district board of education and school governing body that operates a high school that offers an extracurricular activity and is a member school of an organization that regulates interscholastic athletics shall adopt a policy that permits a student who is enrolled in a neighboring school that does not offer that extracurricular activity to petition to participate in that activity at the board of education's or school governing body's high school.

Each policy shall include all of the following:

(1) The form and manner in which a neighboring school student may petition to participate in an extracurricular activity;

(2) A requirement that both the superintendent of the school district in which the student is enrolled and the neighboring school's superintendent or chief administrative officer approves the student's participation in the extracurricular activity.

The superintendent of the school district in Am.

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276 Page136th 4G.A. As Passed by the Senate G.

"Criminalwhich Background Check" means the submissionstudent ofis 76enrolled fingerprintsmust oralso othercertify biometricthat informationthe forstudent ahas Licensenot 77participated applicantin for the purposeextracurricular ofactivity obtainingat that applicant'sschool criminaldistrict 78during historythat recordschool information,year. as defined in 28 C.F.R.

20.3(d),(3) andA 79requirement that, if the State'sstudent criminalis historyenrolled recordin repositorya asschool 81district definedthat operates multiple high schools, the student must first petition to participate in 80an C.F.R.extracurricular activity at another high school operated by the district if one offers the activity.

20.3(f).If a student is not approved to participate in an activity at another school operated by the student's district, the student may petition to participate in the extracurricular activity under the policy at a high school that is not operated by the student's district.

81(C) H.A student shall not participate in the same extracurricular activity under this section at more than one high school operated by a school district or other public high school in any one school year.

"Doctoral(D) LevelIf Degree"a meanshigh school operated by a graduateschool degreedistrict programor 82other public high school participates in any regular season contest for an extracurricular activity and subsequently ceases offering that consistsactivity before the conclusion of atthe leastactivity's ninetyseason, graduatea semesterstudent hoursenrolled in thethat 83school fieldis ofnot Schooleligible Psychologyto includingpetition ato supervisedparticipate internship.in that activity under this section until the next school year.

84(E) I.A student is not eligible to petition to participate in an extracurricular activity under this section solely because the school in which the student is enrolled does not offer the competition level at which the student wishes to participate, such as a varsity, junior varsity, or freshman team.

"Encumbered(F) License"A meansboard aof Licenseeducation or school governing body that operates a Statehigh 85school Licensingand Authorityis hasa limitedmember inschool anyof wayan otherorganization thanthat throughregulates interscholastic athletics may partner with a neighboring school to establish a single team for an 86activity Alternativeif Program,neither includingschool temporaryhas ora provisionalsufficient 87number licenses.of students willing to participate in the extracurricular activity.

88A J.sufficient number of students shall mean the sum of:

"Executive(the Committee"minimum meansnumber theof Commission'sstudents Chair,required 89for Vicecompetition Chair,in Secretaryan andextracurricular Treasureractivity andduring anyplay) other+ Commissioners(half 90of asthat maynumber, berounded determinedup byto Commissionthe Rulenearest orwhole). bylaw.

91(G) K.In order to participate in any extracurricular activity under this section, the student shall be of the appropriate age and grade level, as determined by the superintendent of the district, at the school that offers the extracurricular activity, and shall fulfill the same academic, nonacademic, and financial requirements as any other participant, including trying out for a position on any activity.

"EquivalentSec. License" means a license to practice School 92 Psychology which a Member State has identified as a license 93 which may be provided to School Psychologists from other Member 94 States pursuant to this Compact.

953313.6025. L.

"Home(A) State"Each meansschool thedistrict Memberboard Stateof thateducation issuedshall theprovide 96instruction Homethat Stateis Licensealigned towith the Licenseesuccess andsequence, isas defined in section 3301.0717 of the Licensee'sRevised primaryCode 97using stateany of practice.the following:

98(1) M.A curriculum on the list reviewed and maintained by the department of education and workforce under section 3301.0717 of the Revised Code;

"Home(2) StateA License"different meanscurriculum the License that is notaligned anwith 99 Encumbered License issued by the Homesuccess Statesequence; to provide School 100 Psychological Services.

101(3) N.A curriculum that integrates instruction that is aligned with the success sequence with the curriculum requirements in divisions (A)(5)(b) to (g) of section 3313.60 of the Revised Code.

"License"(B) meansEach adistrict currentshall license,include certification,instruction orunder 102this othersection authorizationin grantedone byor amore Membercourses State'soffered Licensing 103 Authority that permits an individual to provide School 104 Am.

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276 Page136th 5G.A. As Passed by the Senate Psychological Services.

105under O.division (C) of section 3313.603 of the Revised Code.

"Licensee"A meansdistrict anmay individualprovide whothat holdsinstruction ain Licensethe fromsame 106or aseparate Membercourse Statein which it provides instruction in the subjects listed in divisions (A) (5)(b) to provide(g) Schoolof Psychologicalsection Services.3313.60 of the Revised Code.

107Sec. P.

"Member4731.156. State" means a State that has enacted the 108 Compact and been admitted to the Commission in accordance with 109 the provisions herein and Commission Rules.

110The Q."Interstate Massage Compact (IMpact)" is hereby ratified, enacted into law, and entered into by the state of Ohio as a party to the compact with any other state that has legally joined in the compact as follows:

"ModelINTERSTATE Compact"MASSAGE meansCOMPACT theARTICLE model1- languagePURPOSE forThe thepurpose Schoolof 111this PsychologistCompact Interstateis Licensureto Compactreduce the burdens on fileState withgovernments and to facilitate the 112interstate Councilpractice and regulation of StateMassage GovernmentsTherapy orwith otherthe entitygoal asof designatedimproving bypublic 113access to, and the Commission.safety of, Massage Therapy Services.

114Through R.this Compact, the Member States seek to establish a regulatory framework which provides for a new multistate licensing program.

"PracticeThrough ofthis Schooladditional Psychology"licensing meanspathway, the deliveryMember States seek to provide increased value and mobility to licensed massage therapists in the Member States, while ensuring the provision of 115safe, Schoolcompetent, Psychologicaland Services.reliable services to the public.

116This S.Compact is designed to achieve the following objectives, and the Member States hereby ratify the same intentions by subscribing hereto:

"QualifyingA. National Exam" means a national licensing 117 examination endorsed by the National Association of School 118 Psychologists and any other exam as approved by the Rules of the 119 Commission.

120Increase T.public access to Massage Therapy Services by providing for a multistate licensing pathway;

"QualifyingB. School Psychologist Education Program" 121 means an education program which awards a Specialist-Level or 122 Doctoral-Level degree or equivalent upon completion and is 123 approved by the Rules of the Commission as meeting the necessary 124 minimum educational standards to ensure that its graduates are 125 ready, qualified, and able to engage in the Practice of School 126 Psychology.

127Enhance U.the Member States' ability to protect the public's health and safety;

"RemoteC. State" means a Member State other than the Home 128 State where a Licensee holds a License through the Compact.

129Enhance V.the Member States' ability to prevent human trafficking and licensure fraud;

"Rule"D. means a regulation promulgated by an entity, 130 including but not limited to the Commission and the State 131 Licensing Authority of each Member State, that has the force of 132 Am.

Encourage the cooperation of Member States in regulating the multistate Practice of Massage Therapy;

E.

Support relocating military members and their spouses;

F.

Facilitate and enhance the exchange of licensure, investigative, and disciplinary information between the Member States;

G.

Create an Interstate Commission that will exist to implement and administer the Compact;

H.

Allow a Member State to hold a Licensee accountable, even where that Licensee holds a Multistate License;

I.

Create a streamlined pathway for Licensees to practice in Member States, thus increasing the mobility of duly licensed massage therapists;

and J.

Serve the needs of licensed massage therapists and the public receiving their services;

however, K.

Nothing in this Compact is intended to prevent a State from enforcing its own laws regarding the Practice of Massage Therapy.

ARTICLE 2- DEFINITIONS Am.

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276 Page136th 6G.A. As Passed by the Senate law.

133As W.used in this Compact, except as otherwise provided and subject to clarification by the Rules of the Commission, the following definitions shall govern the terms herein:

"SchoolA. Psychological Services" means academic, mental 134 and behavioral health services including assessment, prevention, 135 consultation and collaboration, intervention, and evaluation 136 provided by a School Psychologist in a school, as outlined in 137 applicable professional standards as determined by Commission 138 Rule.

139"Active X.Military Member" - any person with full-time duty status in the armed forces of the United States, including members of the National Guard and Reserve.

"SchoolB. Psychologist" means an individual who has met 140 the requirements to obtain a Home State License that legally 141 conveys the professional title of School Psychologist, or its 142 equivalent as determined by the Rules of the Commission.

143"Adverse Y.Action" - any administrative, civil, equitable, or criminal action permitted by a Member State's laws which is imposed by a Licensing Authority or other regulatory body against a Licensee, including actions against an individual's Authorization to Practice such as revocation, suspension, probation, surrender in lieu of discipline, monitoring of the Licensee, limitation of the Licensee's practice, or any other Encumbrance on licensure affecting an individual's ability to practice Massage Therapy, including the issuance of a cease and desist order.

"SchoolC. Psychologist Interstate Licensure Compact 144 Commission" or "Commission" means the joint government agency 145 established by this Compact whose membership consists of 146 representatives from each Member State that has enacted the 147 Compact, and as further described in Section 7.

148"Alternative Z.Program" - a non-disciplinary monitoring or prosecutorial diversion program approved by a Member State's Licensing Authority.

"ScopeD. of Practice" means the procedures, actions, and 149 processes a School Psychologist licensed in a State is permitted 150 to undertake in that State and the circumstances under which 151 that Licensee is permitted to undertake those procedures, 152 actions, and processes.

Such"Authorization procedures,to actions,Practice" and- processes,a 153legal andauthorization theby circumstancesa underRemote whichState theypursuant mayto bea undertaken,Multistate mayLicense bepermitting 154the establishedPractice throughof meansMassage including,Therapy butin notthat limitedRemote to,State, 155which statute,shall regulations,be casesubject law,to andthe otherenforcement processesjurisdiction availableof to 156 the State Licensing Authority orin otherthat governmentRemote agency.State.

157E. AA.

"Specialist-Level"Background Degree"Check" means- athe degreesubmission programof thatan 158applicant's requirescriminal athistory leastrecord sixtyinformation, graduateas semesterfurther hoursdefined or equivalent in 15928 theC.F.R. field of School Psychology including a supervised 160 internship.

161§ Am.20.3(d), as amended from the Federal Bureau of Investigation and the agency responsible for retaining State criminal records in the applicant's Home State.

F.

"Charter Member States" - Member States who have enacted legislation to adopt this Compact where such legislation predates the effective date of this Compact as defined in Article 12.

G.

"Commission" - the government agency whose membership consists of all States that have enacted this Compact, which is known as the Interstate Massage Compact Commission, as defined in Article 8, and which shall operate as an instrumentality of the Member States.

H.

"Continuing Competence" - a requirement, as a condition of license renewal, to provide evidence of participation in, and completion of, educational or professional activities that maintain, improve, or enhance Massage Therapy fitness to practice.

I.

"Current Significant Investigative Information" - Investigative Information that a Licensing Authority, after an inquiry or investigation that complies with a Member State's due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that State's laws regarding the Practice of Massage Therapy.

J.

"Data System" - a repository of information about Licensees who hold Multistate Licenses which may include but is not limited to license status, Investigative Information, and Adverse Actions.

K.

"Disqualifying Event" - any event which shall disqualify an individual from holding a Multistate Am.

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276 Page136th 7G.A. As Passed by the Senate BB.

"State"License meansunder anythis state,Compact, commonwealth,which district, or 162 territory of the UnitedCommission Statesmay ofby America.Rule specify.

163L. CC.

"State"Encumbrance" Licensing- Authority" means a Memberrevocation State'sor 164suspension regulatoryof, bodyor responsibleany forlimitation issuingor Licensescondition oron, otherwisethe 165full overseeingand theunrestricted Practice of SchoolMassage Psychology.Therapy by a Licensing Authority.

166M. DD.

"State"Executive SpecificCommittee" Requirement"- means a requirementgroup forof 167delegates licensureelected coveredor inappointed courseworkto oract examinationon thatbehalf includesof, 168and contentwithin ofthe uniquepowers interestgranted to them by, the State.Commission.

169N. EE.

"Unencumbered"Home License"State" - means athe LicenseMember thatState authorizeswhich 170is a LicenseeLicensee's toprimary engagestate inof theresidence fullwhere andthe unrestrictedLicensee Practiceholds ofan 171active SchoolSingle-State Psychology.License.

172O. SECTION 3.

STATE"Investigative PARTICIPATIONInformation" IN- THEinformation, COMPACTrecords, 173or A.documents received or generated by a Licensing Authority pursuant to an investigation or other inquiry.

ToP. be eligible to join this Compact, and to maintain 174 eligibility as a Member State, a State must:

175"Licensing 1.Authority" - a State's regulatory body responsible for issuing Massage Therapy licenses or otherwise overseeing the Practice of Massage Therapy in that State.

EnactQ. a compact statute that is not materially 176 different from the Model Compact as defined in the Commission's 177 Rules;

178"Licensee" 2.- an individual who currently holds a license from a Member State to fully practice Massage Therapy, whose license is not a student, provisional, temporary, inactive, or other similar status.

ParticipateR. in the sharing of information with other 179 Member States as reasonably necessary to accomplish the 180 objectives of this Compact, and as further defined in Section 8;

181"Massage 3.Therapy", "Massage Therapy Services", and the "Practice of Massage Therapy" - the care and services provided by a Licensee as set forth in the Member State's statutes and regulations in the State where the services are being provided.

Identify and maintain with the Commission a list of 182 Equivalent Licenses available to Licensees who hold a Home State 183 License under this Compact;

184 4.

Have a mechanism in place for receiving and 185 investigating complaints about Licensees;

186 5.

Notify the Commission, in compliance with the terms of 187 the Compact and the Commission's Rules, of any Adverse Action 188 Am.

"Member State" - any State that has adopted this Compact.

T.

"Multistate License" - a license that consists of Authorizations to Practice Massage Therapy in all Remote States pursuant to this Compact, which shall be subject to the enforcement jurisdiction of the Licensing Authority in a Licensee's Home State.

U.

"National Licensing Examination" - A national examination developed by a national association of Massage Therapy regulatory boards, as defined by Commission Rule, that is derived from a practice analysis and is consistent with generally accepted psychometric principles of fairness, validity and reliability, and is administered under secure and confidential examination protocols.

V.

"Remote State" - any Member State, other than the Licensee's Home State.

W.V.

"Rule" - any opinion or regulation promulgated by the Commission under this Compact, which shall have the force of law.

X.W.

"Single-State License" - a current, valid authorization issued by a Member State's Licensing Authority allowing an individual to fully practice Massage Therapy, that is not a restricted, student, provisional, temporary, or inactive practice authorization and authorizes practice only within the issuing State.

Am.

Sub.

S.

276 Page136th 8G.A. As Passed by the Senate taken against a Licensee, or of the availability of 189 investigative information which relates to a Licensee or 190 applicant for licensure;

191Y.X. 6.

Require"State" that- applicantsa forstate, aterritory, Homepossession Stateof License:the United States, or the District of Columbia.

192ARTICLE a.3- MEMBER STATE REQUIREMENTS A.

TakenTo andbe passedeligible ato Qualifyingjoin Nationalthis ExamCompact, asand definedto 193maintain byeligibility theas Rulesa ofMember theState, Commission;a State must:

1941. b.

CompletedLicense aand minimumregulate ofthe onePractice thousand two hundred hours 195 of supervisedMassage internship,Therapy; of which at least six hundred must 196 have been completed in a School, prior to being approved for 197 licensure;

and2. 198 c.

GraduatedHave a mechanism or entity in place to receive and investigate complaints from athe Qualifyingpublic, Schoolregulatory Psychologistor 199law Educationenforcement Program.agencies, or the Commission about Licensees practicing in that State;

2003. 7.

ComplyAccept withpassage theof termsa ofNational thisLicensing CompactExamination andas thea Rulescriterion for Massage Therapy licensure in that State;Accept passage of 201a thepsychometrically Commission.valid national examination as a criterion for Massage Therapy licensure in that State;

202For B.purposes of this compact, such examination shall not include a State-administered examination but shall be inclusive of the following:

Eacha. Member State shall grant an Equivalent License to 203 practice School Psychology in that state upon application by a 204 Licensee who satisfies the criteria of Section 4.A.

EachThe MemberMassage 205and StateBodywork shallLicensure grantExamination; renewal of the Equivalent License to a 206 Licensee who satisfies the criteria of Section 4.B.

207or C.b.

MemberThe StatesNational mayCertification setBoard andfor collectTherapeutic aMassage fee& forBodywork grantingprior anto 208January Equivalent1, License.2015;

209or SECTIONc. 4.

SCHOOLThe PSYCHOLOGISTsubstantial PARTICIPATIONequivalent INof THEthe 210foregoing COMPACTwhich 211the A.Commission may approve by Rule.

To4. obtain and maintain an Equivalent License from a 212 Remote State under this Compact, a Licensee must do all of the 213 following:

214Require 1.that Licensees satisfy educational requirements prior to being licensed to provide Massage Therapy Services to the public in that State;

Hold5. and maintain an active Home State License;

215Implement Am.procedures for requiring the Background Check of applicants for a Multistate License, and for the reporting of any Disqualifying Events, including but not limited to obtaining and submitting, for each Licensee holding a Multistate License and each applicant for a Multistate License, fingerprint or other biometric-based information to the Federal Bureau of Investigation for Background Checks;

receiving the results of the Federal Bureau of Investigation record search on Background Checks and considering the results of such a Background Check in making licensure decisions;

6.

Have Continuing Competence requirements as a condition for license renewal;

7.

Participate in the Data System, including through the use of unique identifying numbers as described herein;

8.

Notify the Commission and other Member States, in compliance with the terms of the Compact and Rules of the Commission, of any disciplinary action taken by the State against a Licensee practicing under a Multistate License in that State, or of the existence of Investigative Information or Current Significant Investigative Information regarding a Licensee practicing in that State pursuant to a Multistate License;

9.

Comply with the Rules of the Commission;

10.

Accept Licensees with valid Multistate Licenses from other Member States as established herein;

B.

Individuals not residing in a Member State shall continue to be able to apply for a Member State's Single-State License as provided under the laws of each Member State.

However, the Single-State Am.

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276 Page136th 9G.A. As Passed by the Senate 2.

SatisfyLicense anygranted applicableto Statethose Specificindividuals Requirementsshall 216not establishedbe byrecognized theas Membergranting Statea afterMultistate anLicense Equivalentfor LicenseMassage isTherapy 217in granted;any other Member State;

218C. 3.

CompleteNothing anyin administrativethis orCompact applicationshall requirementsaffect 219the whichrequirements theestablished Commissionby maya establishMember byState Rule,for andthe payissuance anyof 220a associatedSingle-State fees;License;

221and 4.D.

CompleteA anyMultistate requirementsLicense forissued renewalto ina theLicensee Homeshall 222be State,recognized includingby applicableeach ContinuingRemote ProfessionalState Educationas 223an requirements;Authorization to Practice Massage Therapy in each Remote State.

andARTICLE 2244- 5.MULTISTATE LICENSE REQUIREMENTS A.

UponTo theirqualify applicationfor to receive a licenseMultistate License under this 225 Compact, undergoand ato criminalmaintain backgroundeligibility checkfor insuch thea Memberlicense, Statean 226applicant inmust: which the Equivalent License is sought in accordance with the 227 laws and regulations of such Member State.

2281. B.

ToHold renew an Equivalentactive Single-State License into apractice MemberMassage Statetherapy otherin 229 than the applicant's Home State,State; a Licensee must only apply for renewal, 230 complete a background check, and pay renewal fees as determined 231 by the Licensing Authority.

2322. SECTION 5.

ACTIVEHave MILITARYcompleted MEMBERSat ORleast THEIRsix SPOUSEShundred 233and Atwenty-five Licensee(625) whoclock ishours anof ActiveMassage MilitaryTherapy Membereducation or is the 234substantial spouseequivalent ofwhich anthe ActiveCommission Militarymay Memberapprove shallby beRuleSatisfy deemedone to hold a 235 Home State License in any of the followingfollowing: locations:

236a. A.

TheCompletion Licensee'sof permanentat residence;least six hundred and twenty-five (625) clock hours of Massage Therapy education;

237or B.b.

AGraduation Memberfrom Statean educational program that ismeets the Licensee'sminimum primaryqualifications Statefor licensure in the home state and two (2) years of 238continuous Practice;licensure with a Single-State License in good standing in the Home State (except as provided in Article 7);

or 239c. C.

ASatisfaction Memberof State where the Licenseesubstantial hasequivalent relocatedof 240the pursuantforegoing towhich athe PermanentCommission Changemay ofapprove Stationby (PCS).Rule.

2413. SECTION 6.

DISCIPLINEHave ANDpassed ADVERSEa ACTIONSNational 242Licensing Am.Examination or the substantial equivalent which the Commission may approve by RuleSuccessfully pass a psychometrically valid national examination for licensure.

For purposes of this compact, such examination shall not include a State-administered examination but shall be inclusive of the following:

a.

The Massage and Bodywork Licensure Examination;

or b.

The National Certification Board for Therapeutic Massage & Bodywork licensure examination prior to January 1, 2015;

or c.

The substantial equivalent of the foregoing which the Commission may approve by Rule.

4.

Submit to a Background Check;

5.

Have not been convicted or found guilty, or have entered into an agreed disposition, of a felony offense under applicable State or federal criminal law, within five (5) years prior to the date of their application, where such a time period shall not include any time served for the offense, and provided that the applicant has completed any and all requirements arising as a result of any such offense;

6.

Have not been convicted or found guilty, or have entered into an agreed disposition, of a Am.

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276 Page136th 10G.A. As Passed by the Senate A.

Nothingmisdemeanor inoffense thisrelated Compactto shallthe bePractice deemedof Massage Therapy under applicable State or construedfederal tocriminal 243law, limitwithin two (2) years prior to the authoritydate of their application where such a Membertime Stateperiod toshall investigatenot orinclude imposeany 244time disciplinaryserved measuresfor onthe Licenseesoffense, accordingand toprovided that the Stateapplicant 245has Practicecompleted Lawsany thereof.and all requirements arising as a result of any such offense;

2467. B.

MemberHave Statesnot shallbeen beconvicted authorizedor tofound receive,guilty, andor shallhave 247entered provide,into filesan andagreed informationdisposition, regardingof theany investigationoffense, andwhether 248a discipline,misdemeanor ifor any,a offelony, Licenseesunder inState otheror Memberfederal Stateslaw, uponat 249any request.time, relating to any of the following:

Anya. Member State receiving such information or files 250 shall protect and maintain the security and confidentiality 251 thereof, in at least the same manner that it maintains its own 252 investigatory or disciplinary files and information.

PriorKidnapping; to 253 disclosing any disciplinary or investigatory information 254 received from another Member State, the disclosing state shall 255 communicate its intention and purpose for such disclosure to the 256 Member State which originally provided that information.

257b. SECTION 7.

ESTABLISHMENTHuman OFtrafficking; THE SCHOOL PSYCHOLOGIST 258 INTERSTATE LICENSURE COMPACT COMMISSION 259 A.

Thec. Member States hereby create and establish a joint 260 government agency whose membership consists of all Member States 261 that have enacted the Compact, and this agency shall be known as 262 the School Psychologist Interstate Licensure Compact Commission.

263Human Thesmuggling; Commission is an instrumentality of the Member States acting 264 jointly and not an instrumentality of any one state.

Thed. 265 Commission shall come into existence on or after the effective 266 date of the Compact as set forth in Section 11.

267Sexual B.battery, sexual assault, or any related offenses;

Membership,or Voting,e. and Meetings 268 1.

EachAny Memberother Statecategory shallof haveoffense andwhich bethe limitedCommission tomay one (1) 269 delegate selected by thatRule Memberdesignate. State's State Licensing 270 Authority.

2718. Am.

Have not previously held a Massage Therapy license which was revoked by, or surrendered in lieu of discipline to an applicable Licensing Authority;

9.

Have no history of any Adverse Action on any occupational or professional license within two (2) years prior to the date of their application;

and 10.

Pay all required fees.

B.

A Multistate License granted pursuant to this Compact may be effective for a definite period of time concurrent with the renewal of the Home State license.

C.

A Licensee practicing in a Member State is subject to all scope of practice laws governing Massage Therapy Services in that State.

D.

The Practice of Massage Therapy under a Multistate License granted pursuant to this Compact will subject the Licensee to the jurisdiction of the Licensing Authority, the courts, and the laws of the Member State in which the Massage Therapy Services are provided.

ARTICLE 5- AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION AND MEMBER STATE LICENSING AUTHORITIES A.

Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a Member State to enact and enforce laws, regulations, or other rules related to the Practice of Massage Therapy in that State, where those laws, regulations, or other rules are not inconsistent with the provisions of this Compact.

B.

Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a Member State to take Adverse Action against a Licensee's Single- State License to practice Massage Therapy in that State.

C.

Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a Remote State to take Adverse Action against a Licensee's Am.

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276 Page136th 11G.A. As Passed by the Senate 2.

TheAuthorization delegateto shallPractice bein thethat primaryState. administrative 272 officer of the Member State Licensing Authority or their 273 designee who is an employee of the Member State Licensing 274 Authority.

275D. 3.

TheNothing Commissionin shallthis byCompact, nor any Rule of the Commission, shall be construed to limit, restrict, or bylawin establishany away termreduce 276the ability of officea forLicensee's delegatesHome andState mayto bytake RuleAdverse orAction bylawagainst establisha termLicensee's 277Multistate limits.License based upon information provided by a Remote State.

278E. 4.

TheInsofar as practical, a Member State's Licensing Authority shall cooperate with the Commission mayand recommendwith removaleach orentity suspensionexercising independent regulatory authority over the Practice of 279Massage anyTherapy delegateaccording fromto office.the provisions of this Compact.

280ARTICLE 5.6- ADVERSE ACTIONS A.

A MemberLicensee's State'sHome LicensingState Authority shall fillhave anyexclusive 281power vacancyto ofimpose itsan delegateAdverse occurringAction onagainst thea CommissionLicensee's withinMultistate sixtyLicense 282issued daysby of the vacancy.Home State.

283B. 6.

EachA delegateHome shallState bemay entitledtake toAdverse oneAction vote on alla 284Multistate mattersLicense beforebased on the CommissionInvestigative requiringInformation, aCurrent voteSignificant byInvestigative CommissionInformation, 285or delegates.Adverse Action of a Remote State.

286C. 7.

A delegateHome State shall voteretain inauthority personto orcomplete byany suchpending otherinvestigations meansof 287a asLicensee providedpracticing inunder a Multistate License who changes their Home State during the bylaws.course of such an investigation.

The bylawsLicensing mayAuthority provideshall foralso delegatesbe 288empowered to meetreport bythe telecommunication,results videoof conference,such oran otherinvestigation meansto 289the ofCommission communication.through the Data System as described herein.

290D. 8.

TheAny CommissionMember shallState meetmay atinvestigate leastactual onceor duringalleged eachviolations 291of calendarthe year.scope of practice laws in any other Member State for a massage therapist who holds a Multistate License.

AdditionalE. meetings may be held as set forth in 292 the bylaws.

TheA CommissionRemote mayState meetshall byhave telecommunication,the videoauthority 293to: conference, or other similar electronic means.

2941. C.

TheTake CommissionAdverse shallActions haveagainst thea followingLicensee's powers:Authorization to Practice;

2952. 1.

EstablishIssue thecease fiscaland yeardesist oforders theor Commission;impose an Encumbrance on a Licensee's Authorization to Practice in that State.

2963. 2.

EstablishIssue codesubpoenas offor conductboth hearings and conflictinvestigations that require the attendance and testimony of interestwitnesses, 297as policies;well as the production of evidence.

298Subpoenas Am.issued by a Licensing Authority in a Member State for the attendance and testimony of witnesses or the production of evidence from another Member State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before it.

The issuing Licensing Authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence are located.

4.

If otherwise permitted by State law, recover from the affected Licensee the costs of investigations and disposition of cases resulting from any Adverse Action taken against that Licensee.

5.

Take Adverse Action against the Licensee's Authorization to Practice in that State based Am.

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276 Page136th 12G.A. As Passed by the Senate 3.

Establishon andthe amendfactual Rulesfindings andof bylaws;another Member State.

299F. 4.

EstablishIf an Adverse Action is taken by the procedureHome throughState whichagainst a LicenseeLicensee's mayMultistate 300License changeor theirSingle-State License to practice in the Home State;State, the Licensee's Authorization to Practice in all other Member States shall be deactivated until all Encumbrances have been removed from such license.

301All 5.Home State disciplinary orders that impose an Adverse Action against a Licensee shall include a statement that the Massage Therapist's Authorization to Practice is deactivated in all Member States during the pendency of the order.

MaintainG. its financial records in accordance with the 302 bylaws;

303If 6.Adverse Action is taken by a Remote State against a Licensee's Authorization to Practice, that Adverse Action applies to all Authorizations to Practice in all Remote States.

MeetA andLicensee takewhose suchAuthorization actionsto asPractice arein consistenta withRemote theState 304is provisionsremoved for a specified period of thistime Compact,is not eligible to apply for a new Multistate License in any other State until the Commission'sspecific Rules,time andfor removal of the 305Authorization bylaws;to Practice has passed and all encumbrance requirements are satisfied.

306H. 7.

InitiateNothing and conclude legal proceedings or actions in 307this theCompact nameshall ofoverride thea Commission, provided that the standing of any 308 Member StateState's Licensingauthority Authority to sueaccept ora beLicensee's suedparticipation underin 309an applicableAlternative lawProgram shallin notlieu beof affected;Adverse Action.

310A 8.Licensee's Multistate License shall be suspended for the duration of the Licensee's participation in any Alternative Program.

MaintainI. and certify records and information provided 311 to a Member State as the authenticated business records of the 312 Commission, and designate an agent to do so on the Commission's 313 behalf;

314Joint 9.Investigations 1.

In addition to the authority granted to a Member State by its respective scope of practice laws or other applicable State law, a Member State may participate with other Member States in joint investigations of Licensees.

2.

Member States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

ARTICLE 7- ACTIVE MILITARY MEMBER AND THEIR SPOUSES Active Military Member, or their spouses, shall designate a Home State where the individual has a current license to practice Massage Therapy in good standing.

The individual may retain their Home State designation during any period of service when that individual or their spouse is on active duty assignment.

Further, Active Military Members or their spouses shall satisfy the requirements of Article 4.A.2.

by successful graduation from an educational program that meets the minimum qualifications for licensure in the designated Home State.

ARTICLE 8- ESTABLISHMENT AND OPERATION OF INTERSTATE MASSAGE COMPACT COMMISSION A.

The Compact Member States hereby create and establish a joint government agency whose membership consists of all Member States that have enacted the Compact known as the Interstate Massage Compact Commission.

The Commission is an instrumentality of the Compact States acting jointly and not an instrumentality of any one State.

The Commission shall come into existence on or Am.

Sub.

S.

B.

No.

276 136th G.A.

after the effective date of the Compact as set forth in Article 12.

B.

Membership, Voting, and Meetings 1.

Each Member State shall have and be limited to one (1) delegate selected by that Member State's State Licensing Authority.

2.

The delegate shall be the either:

a.

A member of the State Licensing Authority;

or b.

The primary administrative officer of the State Licensing Authority or their designee.

3.

The Commission shall by Rule or bylaw establish a term of office for delegates and may by Rule or bylaw establish term limits.

4.

The Commission may recommend removal or suspension of any delegate from office.

5.

A Member State's State Licensing Authority shall fill any vacancy of its delegate occurring on the Commission within 60 days of the vacancy.

6.

Each delegate shall be entitled to one vote on all matters that are voted on by the Commission.

7.

The Commission shall meet at least once during each calendar year.

Additional meetings may be held as set forth in the bylaws.

The Commission may meet by telecommunication, video conference or other similar electronic means.

C.

The Commission shall have the following powers:

1.

Establish the fiscal year of the Commission;

2.

Establish code of conduct and conflict of interest policies;

3.

Adopt Rules and bylaws;

4.

Maintain its financial records in accordance with the bylaws;

5.

Meet and take such actions as are consistent with the provisions of this Compact, the Commission's Rules, and the bylaws;

6.

Initiate and conclude legal proceedings or actions in the name of the Commission, provided that the standing of any State Licensing Authority to sue or be sued under applicable law shall not be affected;

7.

Maintain and certify records and information provided to a Member State as the authenticated business records of the Commission, and designate an agent to do so on the Commission's behalf;

8.

3159. 10.

Borrow, accept, or contract for services of personnel, 316 including, but not limited to, employees of a Member State;

31710. 11.

31811. 12.

Hire employees, elect or appoint officers, fix 319 compensation, define duties, grant such individuals appropriate 320 authority to carry out the purposes of the Compact, and 321 establish the Commission's personnel policies and programs 322 relating to conflicts of interest, qualifications of personnel,Am. 323 and other related personnel matters;

324Sub. 13.

Assess and collect fees;

325 Am.

276 Page136th 13G.A. As Passed by the Senate 14.

Acceptpersonnel, any and all appropriate gifts, donations, 326 grants of money, other sourcesrelated ofpersonnel revenue,matters; equipment, supplies, 327 materials, and services, and receive, utilize, and dispose of 328 the same;

provided12. that at all times the Commission shall avoid 329 any appearance of impropriety or conflict of interest;

330Assess 15.and collect fees;

Lease,13. purchase, retain, own, hold, improve, or use 331 any property, real, personal, or mixed, or any undivided 332 interest therein;

333Accept 16.any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same;

Sell,provided convey,that mortgage,at pledge,all lease,times exchange,the 334Commission abandon,shall oravoid otherwiseany disposeappearance of anyimpropriety property real, personal, or 335conflict mixed;of interest;

33614. 17.

Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;

15.

Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

16.

33717. 18.

33818. 19.

Appoint committees, including standing committees, 339 composed of members, State regulators, State legislators or 340 their representatives, and consumer representatives, and such 341 other interested persons as may be designated in this Compact 342 and the bylaws;

34319. 20.

ProvideThe andCommission receivemay informationelect from,up andto cooperatetwo 344ex-officio, with,nonvoting lawmembers enforcementof agencies;the Commission as specified in the Commission's bylaws;

34520. 21.

EstablishAccept and electtransmit ancomplaints Executivefrom Committee,the includingpublic, 346regulatory aor chairlaw andenforcement aagencies, viceor chair;the Commission, to the relevant Member State(s) regarding potential misconduct of Licensees;

34720.21. 22.

DetermineElect whether a State'sChair, adoptedVice languageChair, isSecretary 348and materiallyTreasurer differentand from the model compact language such thatother 349officers of the StateCommission wouldas notprovided qualify for participation in the Compact;Commission's bylaws;

35021.22. and 351 23.

PerformEstablish suchand otherelect functionsan asExecutive mayCommittee, beincluding necessarya orchair 352and appropriatea tovice achievechair; the purposes of this Compact.

35322.23. Am.

Adopt and provide to the Member States an annual report.

23.24.

Determine whether a State's adopted language is materially different from the model Compact language such that the State would not qualify for participation in the Compact;

and 24.25.

Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact.

D.

The Executive Committee 1.

The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact.

The powers, duties, and responsibilities of the Executive Committee shall include:

a.

Overseeing the day-to-day activities of the administration of the Compact including compliance with the provisions of the Compact, the Commission's Rules and bylaws, and other such duties as deemed necessary;

b.

Recommending to the Commission changes to the Rules or bylaws, changes to this Compact legislation, fees charged to Compact Member States, fees charged to Licensees, and other fees;

c.

Ensuring Compact administration services are appropriately provided, including by Am.

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276 Page136th 14G.A. As Passed by the Senate D.

Thecontract; Executive Committee 354 1.

Thed. Executive Committee shall have the power to act on 355 behalf of the Commission according to the terms of this Compact.

356Preparing The powers, duties, and responsibilitiesrecommending of the Executivebudget; 357 Committee shall include:

358e. a.

OverseeMaintaining thefinancial day-to-dayrecords activitieson ofbehalf the administration 359 of the compactCommission; including enforcement and compliance with the 360 provisions of the compact, its Rules and bylaws, and other such 361 duties as deemed necessary;

362f. b.

RecommendMonitoring to the Commission changes to the Rules or 363 bylaws, changes to this Compact legislation,compliance feesof chargedMember toStates 364and Memberproviding States,compliance feesreports charged to Licensees,the andCommission; other fees;

365g. c.

EnsureEstablishing Compactadditional administrationcommittees servicesas arenecessary; 366 appropriately provided, including by contract;

367h. d.

PrepareExercise the powers and recommendduties of the budget;Commission during the interim between Commission meetings, except for adopting or amending Rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by Rule or bylaw;

368and e.i.

MaintainOther financialduties recordsas onprovided behalfin the Rules or bylaws of the Commission;Commission.

3692. f.

MonitorThe CompactExecutive complianceCommittee shall be composed of Memberseven Statesvoting members and provideup 370to compliancetwo reportsex- toofficio themembers Commission;as follows:

371a. g.

EstablishThe additionalchair committeesand asvice necessary;chair of the Commission and any other members of the Commission who serve on the Executive Committee shall be voting members of the Executive Committee;

372and h.b.

ExerciseOther than the powerschair, andvice-chair, dutiessecretary ofand thetreasurer, Commission during 373 the interim between Commission meetings,shall exceptelect forthree adoptingvoting ormembers 374from amendingthe Rules,current adoptingmembership orof amending bylaws, and exercising any 375 other powers and duties expressly reserved to the CommissionCommission. by 376 Rule or bylaw;

andc. 377 i.

OtherThe dutiesCommission asmay providedelect inex-officio, thenonvoting Rulesmembers oras bylawsnecessary ofas thefollows: 378 Commission.

379i. 2.

TheOne Executiveex-officio Committeemember shallwho beis composeda representative of upthe tonational 380association Am.of State Massage Therapy regulatory boards ii.

One ex-officio member as specified in the Commission's bylaws.

3.

The Commission may remove any member of the Executive Committee as provided in the Commission's bylaws.

4.

The Executive Committee shall meet at least annually.

a.

Executive Committee meetings shall be open to the public, except that the Executive Committee may meet in a closed, non-public session of a public meeting when dealing with any of the matters covered under subsection F.4.

b.

The Executive Committee shall give five business days advance notice of its public meetings, posted on its website and as determined to provide notice to persons with an interest in the public matters the Executive Committee intends to address at those meetings.

5.

The Executive Committee may hold an emergency meeting when acting for the Commission to:

a.

Meet an imminent threat to public health, safety, or welfare;

b.

Prevent a loss of Commission or Participating State funds;

or c.

Protect public health and safety.

E.

The Commission shall adopt and provide to the Member States an annual report.

F.

Meetings of the Commission 1.

All meetings of the Commission that are not closed pursuant to this subsection shall be Am.

Sub.

276 Page136th 15G.A. As Passed by the Senate seven members:

381open a.to the public.

TheNotice chairof andpublic vicemeetings chairshall ofbe posted on the CommissionCommission's shallwebsite beat 382least votingthirty members(30) ofdays prior to the Executivepublic Committee;meeting.

and2. 383 b.