This amendment converts the bill from its introduced form into its enrolled (final passed) version by removing formatting markers and introductory language while preserving the substantive content adopting the athletic trainer licensure compact. The change is purely procedural and technical, with no effect on the bill's purpose or requirements.
26.99.10 26.99.11 101st Legislative Session 1149 2026 South Dakota Legislature House Bill 1149 Introduced by: Representative Rehfeldt Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to adopt the athletic trainer licensure compact. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That a NEW SECTION be added to chapter 36-29: 3 The board shall implement procedures for the completion of a state and federal 4 fingerprint-based criminal background check for an athletic trainer seeking to participate 5 in the athletic trainer compact adopted by section 2 of this Act. The athletic trainer must 6 pay for the cost of fingerprinting and conducting the background check. 7 Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 36: 8 ATHLETIC TRAINER COMPACT 9 SECTION 1. TITLE AND PURPOSE 10 This statute shall be known and cited as the Athletic Trainer Compact. The purposes 11 of this compact are to expand the mobility of Athletic Training practice and improve public 12 access to services by providing qualified Licensed Athletic Trainers the ability to practice 13 in other Member States. This compact preserves the regulatory authority of States to 14 protect public health and safety through the current system of State licensure. 15 This compact is designed to achieve the following objectives: 16 A. Increase public access to Athletic Training and enhance continuity of care by 17 providing for the mutual recognition of other Licenses issued by Member States; 18 B. Provide an additional streamlined opportunity for interstate practice by Licensed 19 Athletic Trainers who meet compact uniform requirements; 20 C. Promote mobility and workforce development by eliminating the necessity for 21 Licenses in multiple States by providing for the mutual recognition of other Licenses 22 issued by member States; 23 D. Reduce administrative burdens on Licensed Athletic Trainers and Member States; 24 E. Enhance the States' ability to protect the public's health and safety; 25 26.99.10 26.99.11 2 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED F. Encourage the cooperation of Member States in regulating interstate practice of 1 Licensed Athletic Trainers; 2 G. Support relocating Active Military Members and their spouses; 3 H. Enhance the exchange of licensure, investigative, and disciplinary information 4 among Member States; 5 I. Allow for the use of telehealth to facilitate increased access to Athletic Training 6 services; 7 J. Support the uniformity of Licensed Athletic Trainer licensure requirements 8 throughout the States; 9 K. Affirm the authority of all Member States to hold a Licensed Athletic Trainer 10 accountable for abiding by the Scope of Practice in the State in which the patient 11 is located at the time; and 12 L. Require adherence to the Model Compact Language in order to promote uniformity 13 and ensure that all Member States have accepted and are mutually obligated to 14 the same terms. 15 SECTION 2. DEFINITIONS 16 As used in this Compact, unless the context requires otherwise, the following 17 definitions shall apply: 18 A. "Active Military Member" means any individual with full-time duty status in the 19 active armed forces of the United States, including members of the National Guard 20 and Reserve. 21 B. "Adverse Action" means any administrative, civil, equitable, or criminal action 22 permitted by a State's laws which is imposed by a Licensing Authority or other 23 authority against a Licensee, including actions against an individual's License or 24 Compact Privilege such as revocation, suspension, probation, monitoring of the 25 Licensee, limitation on the Licensee's practice, or any other Encumbrance on 26 licensure affecting a Licensee authorization to practice. 27 C. "Alternative Program" means a non-disciplinary monitoring or practice remediation 28 process applicable to an Athletic Trainer approved by a State Licensing Authority 29 of a Member State in which the Athletic Trainer is licensed. This includes, but is not 30 limited to, programs to which Licensees with substance use, addiction, or mental 31 health conditions are referred in lieu of Adverse Action. 32 D. "Athletic Training" means the prevention, examination, assessment, treatment, 33 and rehabilitation of emergent, acute, or chronic injuries and medical conditions as 34 defined by applicable Member state laws and regulations. 35 26.99.10 26.99.11 3 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED E. "Athletic Trainer Compact Commission" or "Commission" means the government 1 agency whose membership consists of all States that have enacted this compact, 2 as described herein and which shall operate as an instrumentality of the Member 3 States to administer and implement the compact according to its terms. 4 F. "BOC" means the Board of Certification, Inc. or any successor organization thereto. 5 G. "CAATE" means the Commission on Accreditation of Athletic Training Education or 6 any successor organization thereto. 7 H. "Charter Member State" means any Member State which enacted and made 8 effective this compact by law before the compact effective date specified herein. 9 I. "Commissioner" means the individual appointed by a Member State to serve as the 10 member of the Commission for that Member State. 11 J. "Compact Privilege" means the legal authorization granted by a Remote State, 12 equivalent to a License, allowing a Licensee from another Member State to provide 13 Athletic Training services in a Remote State. 14 K. "Compact Qualifying License" means a License that is not an Encumbered License 15 issued by a Member State to practice Athletic Training which qualifies the Licensee 16 to exercise a Compact Privilege pursuant to Section 4 of this Compact. 17 L. "Continuing Competence" means a requirement, as a condition of License renewal, 18 to provide evidence of successful participation, and completion of, educational and 19 professional activities relevant to the practice or area of work. For purposes of this 20 compact, evidence of active BOC certification may satisfy the meaning of 21 Continuing Competence as set forth herein. 22 M. "Current Significant Investigative Information" means the existence of: 23 1. Investigative Information that a Licensing Authority, after a preliminary 24 inquiry that includes notification and an opportunity for the subject Licensee 25 to respond, if required by State law, has reason to believe is not groundless 26 and, if proved true, would indicate more than a minor infraction; or 27 2. Investigative Information that indicates that the subject Licensee 28 represents an immediate threat to public health and safety regardless of 29 whether the subject Licensee has been notified and had an opportunity to 30 respond. 31 N. "Criminal Background Check" means the submission of fingerprints or other 32 biometric-based information for a License applicant for the purpose of obtaining 33 that applicant's criminal history record information, as defined in 28 C.F.R. 34 26.99.10 26.99.11 4 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED § 20.3(d) from the Federal Bureau of Investigation and the State's criminal history 1 record repository as defined in 28 C.F.R. § 20.3(f). 2 O. "Data System" means the Commission's repository of information about Licensees, 3 including, but not limited to, examination, licensure, investigative, Compact 4 Privilege, Adverse Action, and Alternative Program. 5 P. "Encumbrance," or "Encumbered" means a revocation or suspension of, or any 6 limitation or condition on, the full and unrestricted practice of Athletic Training. 7 Q. "Executive Committee" means a group of commissioners elected or appointed to 8 act on behalf of, and within the powers granted to them by, the compact and 9 Commission. 10 R. "Investigative Information" means information, records, and documents received 11 or generated by a Licensing Authority pursuant to an investigation. 12 S. "Jurisprudence Requirement" means the assessment of an individual's knowledge 13 of the laws and Rules governing the practice of Athletic Training, as applicable, in 14 a State. 15 T. "License" means current authorization by a Member State to engage in the practice 16 of Athletic Training. 17 U. "Licensee" or "Licensed Athletic Trainer" means an individual who currently holds 18 an active, unrestricted License and who meets all of the requirements outlined in 19 Section 4 of this compact. 20 V. "Licensing Authority" means the board or agency of a State, or equivalent, that is 21 responsible for the licensing and regulation of Athletic Trainers. 22 W. "Model Compact Language" the model language for the Athletic Trainer Compact 23 on file with The Council of State Governments or other entity as designated by the 24 Commission to which all Member States must substantively adhere and adopt. 25 X. "Member State" means a State that has enacted the compact. 26 Y. "Remote State" means a Member State other than the State of Qualifying 27 Licensure. 28 Z. "Rule" means a regulation promulgated by an authorized entity that has the force 29 of law. 30 AA. "Scope of Practice" means the procedures, actions, and processes an Athletic 31 Trainer licensed in a State is permitted to undertake in that State and the 32 circumstances under which the Licensee is permitted to undertake those 33 procedures, actions, and processes. Such procedures, actions, and processes and 34 the circumstances under which they may be undertaken may be established 35 26.99.10 26.99.11 5 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED through means, including, but not limited to, statute, regulations, case law, and 1 other processes available to the State Licensing Authority or other government 2 agency. Scope of Practice shall include any State requirements regarding 3 supervision or direction, if required by such State and as further defined by such 4 State's statutes and regulations. 5 BB. "Single State License" means a License issued by any State that authorizes practice 6 only within the issuing State. 7 CC. "State" means any state, commonwealth, district, or territory of the United States 8 of America. 9 DD. "State of Qualifying Licensure" means the Member State who has issued a Compact 10 Qualifying License to a Licensee pursuant to this compact. 11 EE. "Unencumbered License" means a License that authorizes a Licensee to engage in 12 the full and unrestricted practice of Athletic Training. 13 SECTION 3. STATE PARTICIPATION IN THE COMPACT 14 A. To be eligible to join this compact and to maintain eligibility as a Member State, a 15 State must: 16 1. Enact and maintain a statute that is not materially different from the Model 17 Compact Language; 18 2. License and regulate the practice of Athletic Training; 19 3. Require that Licensees in that State maintain Continuing Competence 20 standards as part of their State practice act or Rules; 21 4. Have a mechanism in place for receiving and investigating complaints about 22 Licensees; 23 5. Grant the Compact Privilege to a Licensee who meets all the requirements 24 outlined in Section 4 in accordance with the terms of the compact and any 25 Rules promulgated thereunder; 26 6. Participate fully in the Compact Commission's Data System, including using 27 the unique identifier as defined in Rules; 28 7. Notify the Compact Commission, in compliance with the terms of the 29 Compact and Rules, of any Adverse Action or the availability of Current 30 Significant Investigative Information regarding a Licensee; 31 8. Within a time frame established by Rule, implement or utilize procedures 32 for considering the criminal history records of applicants for a Compact 33 Qualifying License, which includes receiving the results of the Federal 34 Bureau of Investigation record search, and use those results in making 35 26.99.10 26.99.11 6 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED licensure decisions. These procedures shall include the submission of 1 fingerprints or other biometric-based information by applicants for the 2 purpose of obtaining an applicant's criminal history record information from 3 the Federal Bureau of Investigation and the agency responsible for retaining 4 that State's criminal records; and 5 a. A Member State must fully implement a Criminal Background Check 6 requirement in order to participate in the issuance and acceptance 7 of Compact Privileges. 8 b. Communication between a Member State and the Compact 9 Commission or among Member States regarding the verification of 10 eligibility for licensure through the compact shall not include any 11 information received from the Federal Bureau of Investigation 12 relating to a federal criminal records check performed by a Member 13 State. 14 9. Comply with and enforce the Rules of the Compact Commission. 15 B. Member States may set and collect a fee for issuance and renewal of a Compact 16 Privilege to applicants. 17 C. Individuals without a Compact Qualifying License shall continue to be able to apply 18 for a Member State's Single State License as provided under the laws of each 19 Member State. 20 D. Nothing in this compact shall affect the requirements established by a Member 21 State for the issuance of a Single State License. 22 E. A Compact Qualifying License shall be recognized by each Remote State as 23 authorizing that Licensee to engage in the practice of Athletic Training, under a 24 Compact Privilege, in another Member State in accordance with the requirements 25 in Section 4. 26 SECTION 4. COMPACT PRIVILEGE 27 A. To be eligible for a Compact Privilege under the terms and provisions of the 28 compact, the Licensee shall complete a Criminal Background Check performed by 29 the Licensing Authority in the State of Qualifying Licensure prior to entry in the 30 compact and shall: 31 1. Satisfy one of the following two pathways: 32 a. Hold a valid current active certification through the BOC, or its 33 successor organization; or 34 26.99.10 26.99.11 7 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED b. If a Licensee does not meet the requirements of 4.A.1.a., the 1 following must be completed: 2 i. An education program which is either: 3 1. At least a bachelor's degree with a major course of study in 4 Athletic Training, or an equivalent course of study from a 5 college or university accredited at the time of graduation by 6 CAATE, or its successor organization; 7 2. An academic degree from a college or university in a foreign 8 country equivalent to the degree described in subparagraph 9 1 of this subsection with a major course of study as described 10 in subparagraph 1 of this subsection that is accredited by 11 CAATE, or its successor organization; or 12 3. The substantial equivalent of the foregoing which the 13 Commission may determine by Rule. 14 ii. Successful completion of the exam administered by the BOC, 15 or its successor organization, preceding the date of the 16 Licensee's application for Licensure in the Licensee's State of 17 Qualifying Licensure or the substantial equivalent of the 18 foregoing requirement which the Commission may determine 19 by Rule. 20 2. Hold a Compact Qualifying License; 21 3. Have not had any Encumbrance against any License or Compact Privilege 22 to practice Athletic Training within the previous two years; 23 4. Be eligible for a Compact Privilege in any Member State in accordance with 24 Section 4; 25 5. Notify the Compact Commission that the Licensee is seeking the Compact 26 Privilege within a Remote State(s); 27 6. Pay any applicable fees, including any State fee, for the Compact Privilege; 28 7. Meet only the Continuing Competence requirements established by the 29 State of Qualifying Licensure; 30 8. Comply with any requirements of the State of Qualifying Licensure as set 31 forth in Section 3; 32 9. Meet any Jurisprudence Requirements established by the Remote State(s) 33 in which the Licensee is seeking a Compact Privilege; and 34 26.99.10 26.99.11 8 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED 10. Report to the Compact Commission any Adverse Action, Encumbrance, or 1 restriction on a License taken by any non-Member State within thirty days 2 from the date the action is taken. 3 B. The Compact Privilege is valid until the expiration date of the Compact Qualifying 4 License. To maintain a Compact Privilege, renewal of the Compact Privilege shall 5 be congruent with the renewal of the Compact Qualifying License as the Compact 6 Commission may define by Rule. The Licensee must comply with the requirements 7 of this section to maintain the Compact Privilege in the Remote State. A Licensee 8 may apply for and hold Compact Privileges in multiple Member States. 9 C. A Licensed Athletic Trainer must follow the Scope of Practice of the Member State 10 where the patient is located. A Licensee engaging in the practice of Athletic Training 11 in a Remote State under the Compact Privilege shall adhere to the Scope of Practice 12 laws and regulations of the Remote State. Licensees shall be responsible for 13 educating themselves on, and complying with, any and all Scope of Practice laws 14 and regulations and State laws relating to the remote practice of Athletic Training, 15 as applicable. 16 D. A Licensee engaging in the practice of Athletic Training in a Remote State is subject 17 to that State's regulatory authority. A Remote State may, in accordance with due 18 process and that State's laws, remove a Licensee's Compact Privilege in the 19 Remote State for a specific period of time, impose fines, or take any other 20 necessary actions to protect the health and safety of its citizens. Any Member State 21 which undertakes such an action shall promptly notify the Member State and the 22 Commission as specified in the Rules. The Licensee may be deemed to be ineligible 23 to exercise the Compact Privilege by any Member State until the specific time for 24 removal has passed and all fines are paid. 25 E. All Member State disciplinary orders that impose Adverse Action against a Compact 26 Qualifying License shall result in deactivation of the Licensee's Compact Privilege 27 in all Member States during the pendency of the order. If a Compact Qualifying 28 License is Encumbered, the Licensee shall lose the Compact Privilege in any Remote 29 State until the following occur: 30 1. The Compact Qualifying License is no longer Encumbered; and 31 2. The Licensee has not had any Encumbrance or restriction against any 32 License, Compact Qualifying License, or Compact Privilege within the 33 previous two years. 34 26.99.10 26.99.11 9 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED F. Once an Encumbered License is restored to good standing as a Compact Qualifying 1 License as certified by the Licensing Authority, the Licensee must meet the 2 requirements of this section to obtain a Compact Privilege in any Remote State. 3 G. If a Licensee's Compact Privilege in any Remote State is removed, that Licensee 4 may also lose the Compact Privilege in other Remote States, as each Member State 5 shall determine in its sole authority, until the following occur: 6 1. The specific period of time for which the Compact Privilege was removed 7 has ended; 8 2. All fines have been paid; and 9 3. The Licensee has not had any Encumbrance or restriction against any 10 License or Compact Privilege within the previous two years. 11 H. Once the requirements of Section 4.G have been met, the Licensee must meet the 12 requirements in Section 4.A to obtain a Compact Privilege in a Remote State. 13 SECTION 5: COMPACT QUALIFYING LICENSE 14 A. A Licensee may only designate one License as the Licensee's Compact Qualifying 15 License at a time. The procedures for such designation may be further defined by 16 Compact Commission Rule. 17 B. Nothing in this Section shall require that the State of Qualifying Licensure be the 18 State of primary residence or State of primary practice for the Licensee. 19 C. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single 20 State License in multiple States. 21 D. Nothing in this Compact shall affect the requirements established by a Member 22 State for the issuance of a Single State License. 23 SECTION 6. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES 24 An Active Military Member or the member's spouse shall not be required to pay a 25 fee to the Commission for a Compact Privilege. If a Member State chooses to charge a 26 Member State fee, it may choose to charge a reduced fee or no fee to an Active Military 27 Member or the member's spouse for a Compact Privilege. 28 SECTION 7. ADVERSE ACTIONS 29 A. A Member State in which a Licensee is issued a Compact Qualifying License shall 30 have the exclusive authority to impose Adverse Action against the Compact 31 Qualifying License issued by that Member State. 32 B. A Member State may take Adverse Action based on Current Significant 33 Investigative Information of a Remote State, so long as the Member State follows 34 its own procedures for imposing Adverse Action. 35 26.99.10 26.99.11 10 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED C. Nothing in this compact shall override a Member State's decision that participation 1 in an Alternative Program may be used in lieu of Adverse Action and that such 2 participation shall remain non-public if required by the Member State's laws or 3 Rules. 4 D. A Remote State shall have the authority to: 5 1. Take Adverse Actions as set forth herein against a Licensee's Compact 6 Privilege in that State; and 7 2. Issue subpoenas for both hearings and investigations that require the 8 attendance and testimony of witnesses as well as the production of 9 evidence. 10 a. Subpoenas may be issued by a Member State Athletic Training 11 Licensing Authority for the attendance and testimony of witnesses 12 and the production of evidence. 13 b. A Member State which issues a subpoena may request service of 14 that subpoena by another Member State. The Member State 15 receiving the request to serve a subpoena shall serve the subpoena 16 if it is deemed enforceable by a court of competent jurisdiction 17 according to the practice and procedure in the receiving Member 18 State. 19 c. The issuing authority shall pay any witness fees, travel expenses, 20 mileage, and other fees required by the service statutes of the State 21 where the witnesses or evidence are located. 22 E. For purposes of taking Adverse Action, a Member State shall give the same priority 23 and effect to reported conduct received from another Member State as it would if 24 the conduct had occurred within that State. In so doing, the investigating Member 25 State shall apply its own State laws to determine appropriate action. 26 F. A Member State, if otherwise permitted by State law, may recover from the 27 affected Licensee the costs of investigations and dispositions of cases resulting 28 from any Adverse Action taken against that Licensee. 29 H. Joint Investigations: 30 1. In addition to the authority granted to a Member State by its respective 31 State law, any Member State may participate with other Member States in 32 joint investigations of Licensees. 33 2. Member States shall share any Current Significant Investigative 34 Information, litigation, or compliance materials in furtherance of any joint 35 26.99.10 26.99.11 11 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED or individual investigation initiated under the compact. In sharing such 1 information between Member State Athletic Trainer Licensing Authorities, 2 all information obtained shall be kept confidential, except as otherwise 3 mutually agreed upon by the sharing and receiving Member State(s). 4 3. A Remote State may issue subpoenas on behalf of a Member State for both 5 hearings and investigations that require the attendance and testimony of 6 witnesses as well as the production of evidence. 7 I. If a Member State takes Adverse Action, it shall promptly notify the administrator 8 of the Data System. The administrator of the Data System shall promptly notify all 9 Member States of any Adverse Actions by Remote States. 10 J. Nothing in this compact may permit a Member State to take any Adverse Action 11 against a Licensee or holder of a Compact Privilege for conduct or practice occurring 12 in another Member State that was legal in the Member State at the time it was 13 undertaken. 14 SECTION 8. ESTABLISHMENT AND OPERATION OF THE COMMISSION 15 A. The compact Member States hereby create and establish a joint government 16 agency whose membership consists of all Member States that have enacted the 17 compact known as the Athletic Trainer Licensure Compact Commission. The 18 Compact Commission is an instrumentality of the Member States acting jointly and 19 not an instrumentality of any one State. The Compact Commission shall come into 20 existence on or after the effective date of the Compact as set forth in Section 12. 21 B. Membership, Voting, and Meetings: 22 1. Each Member State shall have and be limited to one Commissioner selected 23 by that Member State's Licensing Authority within sixty days of the Member 24 State's effective date. 25 2. The Commissioner shall be an administrator or the administrator's 26 designated staff or current board member of the Licensing Authority. 27 3. The Compact Commission may recommend removal or suspension of any 28 Commissioner from office. 29 4. A Member State's Licensing Authority shall fill any vacancy of its 30 Commissioner occurring on the Compact Commission within sixty days of 31 the vacancy. 32 5. Each Commissioner shall be entitled to one vote on all matters before the 33 Compact Commission requiring a vote by the Commissioners. 34 26.99.10 26.99.11 12 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED 6. The Compact Commission shall meet at least once during each calendar 1 year. Additional meetings may be held as set forth in the Commission 2 bylaws. A Commissioner shall vote in person or by such other means as 3 provided in the bylaws. The bylaws may provide for Commissioners to meet 4 by telecommunication, videoconference, or other means of communication. 5 C. The Compact Commission shall have the following powers: 6 1. Promulgate, adopt, and amend Rules and bylaws; 7 2. Establish code of conduct, confidentiality, and conflict of interest policies for 8 Commissioners; 9 3. Establish the fiscal year of the Compact Commission; 10 4. Maintain its financial records in accordance with the bylaws; 11 5. Purchase and maintain insurance and insurance bonds; 12 6. Accept or contract for services of personnel, including, but not limited to, 13 employees of a Member State; 14 7. Conduct a financial review or audit; 15 8. Hire employees, elect or appoint officers, fix compensation, define duties, 16 grant such individuals appropriate authority to carry out the purposes of the 17 Compact, and establish the Compact Commission's personnel policies and 18 programs relating to conflicts of interest, qualifications of personnel, and 19 other related personnel matters; 20 9. Enter into contracts or arrangements for the management of the affairs of 21 the Commission; 22 10. Assess and collect fees; 23 11. Accept any and all appropriate gifts, donations, grants of money, other 24 sources of revenue, equipment, supplies, materials, and services, and 25 receive, utilize, and dispose of the same; provided that at all times the 26 Compact Commission shall avoid any appearance of impropriety or conflict 27 of interest; 28 12. Lease, purchase, retain, own, hold, improve, invest, or use any property, 29 real, personal, or mixed, or any undivided interest therein; 30 13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 31 dispose of any property real, personal, or mixed; 32 14. Establish a budget and make expenditures; 33 15. Borrow and invest money; 34 26.99.10 26.99.11 13 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED 16. Meet and take such actions as are consistent with the provisions of this 1 compact, the Compact Commission's Rules, and the bylaws; 2 17. Initiate and conclude legal proceedings or actions in the name of the 3 Compact Commission, provided that the standing of any Licensing Authority 4 to sue or be sued under applicable law shall not be affected; 5 18. Maintain and certify records and information provided to a Member State as 6 the authenticated business records of the Compact Commission, and 7 designate an agent to do so on the Compact Commission's behalf; 8 19. Provide and receive information from, and cooperate with, law enforcement 9 agencies; 10 20. Determine whether a State's adopted language is materially different from 11 the Model Compact Language such that the State would not qualify for 12 participation in the compact; 13 21. Establish and elect an Executive Committee, including a chair and a vice 14 chair, secretary, treasurer, and such other offices as the Commission shall 15 establish by Rule or bylaw; 16 22. Appoint committees, including standing committees, composed of Member 17 State Commissioners, State regulators, State legislators or their 18 representatives, consumer representatives, and such other interested 19 persons as may be designated in this compact and the bylaws; and 20 23. Perform such other functions as may be necessary or appropriate to achieve 21 the purposes of this compact. 22 D. The Executive Committee: 23 1. The Executive Committee shall have the power to act on behalf of the 24 Compact Commission according to the terms of this compact. The powers, 25 duties, and responsibilities of the Executive Committee shall include: 26 a. Exercise the powers and duties of the Compact Commission during 27 the interim between Compact Commission meetings, except for 28 adopting or amending Rules, adopting or amending bylaws, and 29 exercising any other powers and duties expressly reserved to the 30 Compact Commission by Rule or bylaw; 31 b. Oversee the day-to-day activities of the administration of the 32 Compact including enforcement and compliance with the provisions 33 of the Compact, its Rules and bylaws, and other such duties as 34 deemed necessary; 35 26.99.10 26.99.11 14 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED c. Recommend to the Compact Commission changes to the Rules or 1 bylaws, changes to this compact legislation, fees charged to 2 Compact Member States, fees charged to Licensees, and other fees; 3 d. Ensure compact administration services are appropriately provided, 4 including by contract; 5 e. Prepare and recommend the budget; 6 f. Maintain financial records on behalf of the Compact Commission; 7 g. Monitor compact compliance of Member States and provide 8 compliance reports to the Compact Commission; 9 h. Establish additional committees as necessary; and 10 i. Other duties as provided in the Rules or bylaws of the Compact 11 Commission. 12 2. The Executive Committee shall be composed of five voting members, 13 elected by the Compact Commission: 14 a. The chair and vice chair of the Compact Commission shall be voting 15 members of the Executive Committee; 16 b. The Compact Commission shall elect up to three additional voting 17 members from the current membership of the Compact Commission 18 to include the offices of treasurer, secretary, and one member-at-19 large; member-at-large; and 20 c. Up to four ex-officio, nonvoting members from recognized national 21 athletic trainer organizations. 22 3. The Compact Commission may remove any member of the Executive 23 Committee as provided in the Compact Commission's bylaws. 24 4. The Executive Committee shall meet at least annually: 25 a. Executive Committee meetings shall be open to the public, except 26 that the Executive Committee may meet in a closed, non-public 27 meeting as provided in this section. 28 b. The Executive Committee shall give advance notice of its meetings, 29 posted on its website and as determined by rule or bylaw, to provide 30 notice to persons with an interest in the business of the Compact 31 Commission. 32 c. The Executive Committee may hold a special meeting in accordance 33 with this section. 34 26.99.10 26.99.11 15 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED E. The Compact Commission shall adopt and provide to the Member States an annual 1 report. 2 F. Meetings of the Compact Commission: 3 1. All meetings shall be open to the public, except that the Compact 4 Commission may meet in a closed, non-public meeting as provided in this 5 section. 6 2. Public notice for all meetings of the full Compact Commission shall be given 7 in the same manner as required under the rulemaking provisions in this 8 compact, except that the Compact Commission may hold a special meeting 9 as provided in this section. 10 3. The Compact Commission may hold a special meeting when it must meet 11 to conduct emergency business by giving twenty-four hours' notice to all 12 Commissioners, on the Compact Commission's website, and other means 13 as provided in the Compact Commission's Rules. The Compact 14 Commission's legal counsel shall certify that the Compact Commission's 15 need to meet qualifies as an emergency. 16 4. The Compact Commission or the Executive Committee or other committees 17 of the Compact Commission may convene in a closed, non-public meeting 18 for the Compact Commission or Executive Committee or other committees 19 of the Compact Commission to receive legal advice or to discuss: 20 a. Non-compliance of a Member State with its obligations under the 21 Compact; 22 b. The employment, compensation, discipline, or other matters, 23 practices, or procedures related to specific employees; 24 c. Current or threatened discipline of a Licensee by a Member State's 25 Licensing Authority; 26 d. Current, threatened, or reasonably anticipated litigation; 27 e. Negotiation of contracts for the purchase, lease, or sale of goods, 28 services, or real estate; 29 f. Accusing any person of a crime or formally censuring any person; 30 g. Trade secrets or commercial or financial information that is 31 privileged or confidential; 32 h. Information of a personal nature where disclosure would constitute 33 a clearly unwarranted invasion of personal privacy; 34 i. Investigative records compiled for law enforcement purposes; 35 26.99.10 26.99.11 16 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED j. Information related to any investigative reports prepared by or on 1 behalf of or for use of the Compact Commission or other committee 2 charged with responsibility of investigation or determination of 3 compliance issues pursuant to the compact; 4 k. Matters specifically exempted from disclosure by federal or Member 5 State law; or 6 l. Other matters as specified in Rules of the Compact Commission. 7 5. If a meeting, or portion of a meeting, is closed, the Compact Commission's 8 legal counsel or designee shall certify that the meeting will be closed and 9 reference each relevant exempting provision, and such reference shall be 10 recorded in the minutes. All minutes and documents of a closed meeting 11 shall remain under seal, subject to release only by a majority vote of the 12 Compact Commission or order of a court of competent jurisdiction. 13 G. Financing of the Compact Commission: 14 1. The Compact Commission shall pay, or provide for the payment of, the 15 reasonable expenses of its establishment, organization, and ongoing 16 activities. 17 2. The Compact Commission may accept any and all appropriate revenue 18 sources as provided in this section. 19 3. The Compact Commission may levy on and collect an annual assessment 20 from each Member State and impose fees on Licensees of Member States 21 to whom it grants a Compact Privilege to cover the cost of the operations 22 and activities of the Compact Commission and its staff, which must be in a 23 total amount sufficient to cover its annual budget as approved each year 24 for which revenue is not provided by other sources. The aggregate annual 25 assessment amount for Member States shall be allocated based upon a 26 formula that the Compact Commission shall promulgate by Rule. 27 4. The Compact Commission shall not incur obligations of any kind prior to 28 securing the funds or a loan adequate to meet the same; nor shall the 29 Compact Commission pledge the credit of any of the Member States, except 30 by and with the authority of the Member State. 31 5. The Compact Commission shall keep accurate accounts of all receipts and 32 disbursements. The receipts and disbursements of the Compact 33 Commission shall be subject to the financial review or audit and accounting 34 procedures established under its bylaws. However, all receipts and 35 26.99.10 26.99.11 17 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED disbursements of funds handled by the Compact Commission shall be 1 subject to an annual financial review or audit by a certified or licensed public 2 accountant, and the report of the financial review or audit shall be included 3 in and become part of the annual report of the Compact Commission. 4 H. Qualified Immunity, Defense, and Indemnification: 5 1. The members, officers, executive director, employees, and representatives 6 of the Compact Commission shall be immune from suit and liability, both 7 personally and in their official capacity, for any claim for damage to or loss 8 of property or personal injury or other civil liability caused by or arising out 9 of any actual or alleged act, error, or omission that occurred, or that the 10 person against whom the claim is made had a reasonable basis for believing 11 occurred within the scope of Compact Commission employment, duties or 12 responsibilities; provided that nothing in this paragraph shall be construed 13 to protect any such person from suit or liability for any damage, loss, injury, 14 or liability caused by the intentional or willful or wanton misconduct of that 15 person. The procurement of insurance of any type by the Compact 16 Commission shall not in any way compromise or limit the immunity granted 17 hereunder. 18 2. The Compact Commission shall defend any member, officer, executive 19 director, employee, and representative of the Compact Commission in any 20 civil action seeking to impose liability arising out of any actual or alleged 21 act, error, or omission that occurred within the scope of Compact 22 Commission employment, duties, or responsibilities, or as determined by 23 the Compact Commission that the person against whom the claim is made 24 had a reasonable basis for believing occurred within the scope of Compact 25 Commission employment, duties, or responsibilities; provided that nothing 26 herein shall be construed to prohibit that person from retaining their own 27 counsel at their own expense; and provided further, that the actual or 28 alleged act, error, or omission did not result from that person's intentional 29 or willful or wanton misconduct. 30 3. The Compact Commission shall indemnify and hold harmless any member, 31 officer, executive director, employee, and representative of the Compact 32 Commission for the amount of any settlement or judgment obtained against 33 that person arising out of any actual or alleged act, error, or omission that 34 occurred within the scope of Compact Commission employment, duties, or 35 26.99.10 26.99.11 18 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED responsibilities, or that such person had a reasonable basis for believing 1 occurred within the scope of Compact Commission employment, duties, or 2 responsibilities, provided that the actual or alleged act, error, or omission 3 did not result from the intentional or willful or wanton misconduct of that 4 person. 5 4. Nothing herein shall be construed as a limitation on the liability of any 6 Licensee for professional malpractice or misconduct, which shall be 7 governed solely by any other applicable State laws. 8 5. Nothing in this compact shall be interpreted to waive or otherwise abrogate 9 a Member State's state action immunity or state action affirmative defense 10 with respect to antitrust claims under the Sherman Act, Clayton Act, or any 11 other State or federal antitrust or anticompetitive law or regulation. 12 6. Nothing in this compact shall be construed to be a waiver of sovereign 13 immunity by the Member States or by the Compact Commission. 14 SECTION 9. DATA SYSTEM 15 A. The Commission shall provide for the development, maintenance, operation, and 16 utilization of a coordinated Data System and reporting system containing licensure, 17 Compact Privileges, Adverse Action, and the presence of Current Significant 18 Investigative Information on all Licensees and applicants for a License in Member 19 States. 20 B. Notwithstanding any other provision of State law to the contrary, a Member State 21 shall submit a uniform data set to the Data System on all Licensees, applicants, 22 and others to whom this compact is applicable as required by the Rules of the 23 Compact Commission, including: 24 1. Personally identifying information; 25 2. Licensure data; 26 3. Adverse Actions against a Licensee, License applicant, or Compact Privilege 27 and information related thereto; 28 4. Non-confidential information related to Alternative Program participation, 29 the beginning and ending dates of such participation, and other information 30 related to such participation; 31 5. Any denial of an application for licensure, and the reason(s) for such denial, 32 excluding the reporting of any criminal history record information where 33 prohibited by law; 34 26.99.10 26.99.11 19 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED 6. A binary determination regarding the presence of Current Significant 1 Investigative Information; and 2 7. Other information that may facilitate the administration of this compact or 3 the protection of the public, as determined by the Rules of the Commission. 4 C. The records and information provided to a Member State pursuant to this compact 5 or through the Data System, when certified by the Commission or an agent thereof, 6 shall constitute the authenticated business records of the Commission, and shall 7 be entitled to any associated hearsay exception in any relevant judicial, quasi-8 judicial, quasi-judicial, or administrative proceedings in a Member State. 9 D. Current Significant Investigative Information pertaining to a Licensee in any 10 Member State will only be available to other Member States. 11 E. It is the responsibility of the Member States to monitor the Data System to 12 determine whether Adverse Action has been taken against a Licensee or License 13 applicant. Adverse Action information pertaining to a Licensee or License applicant 14 in any Member State will be available to any other Member State. 15 F. Member States contributing information to the Data System may designate 16 information that may not be shared with the public without the express permission 17 of the contributing State. 18 G. Any information submitted to the Data System that is subsequently expunged 19 pursuant to federal law or the laws of the Member State contributing the 20 information shall be removed from the Data System. 21 SECTION 10. RULEMAKING 22 A. The Compact Commission shall promulgate reasonable Rules in order to effectively 23 and efficiently implement and administer the purposes and provisions of the 24 Compact. A Rule shall be invalid and have no force or effect only if a court of 25 competent jurisdiction holds that the Rule is invalid because the Compact 26 Commission exercised its rulemaking authority in a manner that is beyond the 27 scope and purposes of the Compact, or the powers granted hereunder, or based 28 upon another applicable standard of review. 29 B. The Rules of the Compact Commission shall have the force of law in each Member 30 State, provided however that where the Rules conflict with the laws or regulations 31 of a Member State that relate to the Scope of Practice a Licensed Athletic Trainer 32 is permitted to undertake in that State and the circumstances under which they 33 may do so, as held by a court of competent jurisdiction, the Rules of the Compact 34 Commission shall be ineffective in that State to the extent of the conflict. 35 26.99.10 26.99.11 20 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED C. The Compact Commission shall exercise its rulemaking powers pursuant to the 1 criteria set forth in this section and the Rules adopted thereunder. Rules of this 2 compact shall become binding on the day following adoption or as of the date 3 specified in the Rule or amendment, whichever is later. 4 D. If a majority of the legislatures of the Member States rejects a Rule or portion of a 5 Rule, by enactment of a statute or resolution in the same manner used to adopt 6 the Compact within four years of the date of adoption of the Rule, then such Rule 7 shall have no further force and effect in any Member State. 8 E. Rules shall be adopted at a regular or special meeting of the Compact Commission. 9 F. Prior to adoption of a proposed Rule, the Compact Commission shall hold a public 10 hearing and allow persons to provide oral and written comments, data, facts, 11 opinions, and arguments. At least thirty days in advance of the public hearing on 12 the proposed Rule, the Compact Commission shall provide a notice of proposed 13 rulemaking: 14 1. On the website of the Compact Commission or other publicly accessible 15 platform; 16 2. To persons who have requested notice of the Compact Commission's notices 17 of proposed rulemaking; and 18 3. In such other way(s) as the Compact Commission may by Rule specify. 19 G. The notice of proposed rulemaking shall include: 20 1. The time, date, and location of the public hearing at which the Compact 21 Commission will hear public comments on the proposed Rule and, if 22 different, the time, date, and location of the meeting where the Compact 23 Commission will consider and vote on the proposed Rule; 24 2. If the hearing is held via telecommunication, video conference, or other 25 electronic means, the mechanism for access to the hearing in the notice of 26 proposed rulemaking; 27 3. The text of the proposed Rule and the reason therefor; 28 4. A request for comments on the proposed Rule from any interested person; 29 and 30 5. The manner in which interested persons may submit written comments. 31 H. All hearings will be recorded. A copy of the recording and all written comments and 32 documents received by the Compact Commission in response to the proposed Rule 33 shall be available to the public. 34 26.99.10 26.99.11 21 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED I. Nothing in this section shall be construed as requiring a separate hearing on each 1 Rule. Rules may be grouped for the convenience of the Compact Commission at 2 hearings required by this section. 3 J. The Compact Commission shall, by majority vote of all members, take final action 4 on the proposed Rule based on the rulemaking record and the full text of the Rule. 5 1. The Compact Commission may adopt changes to the proposed Rule 6 provided the changes do not enlarge the original purpose of the proposed 7 Rule. 8 2. The Compact Commission shall provide an explanation of the reasons for 9 substantive changes made to the proposed Rule as well as reasons for 10 substantive changes not made that were recommended by commenters. 11 3. The Compact Commission shall determine a reasonable effective date for 12 the Rule. Except for an emergency as provided in this section, the effective 13 date of the Rule shall be no sooner than thirty days after issuing the notice 14 that it adopted or amended the Rule. 15 K. Upon determination that an emergency exists, the Compact Commission may 16 consider and adopt an emergency Rule with twenty-four hours' notice, with 17 opportunity to comment, provided that the usual rulemaking procedures provided 18 in the compact and in this section shall be retroactively applied to the Rule as soon 19 as reasonably possible, in no event later than ninety days after the effective date 20 of the Rule. For the purposes of this provision, an emergency Rule is one that must 21 be adopted immediately in order to: 22 1. Meet an imminent threat to public health, safety, or welfare; 23 2. Prevent a loss of Compact Commission or Member State funds; 24 3. Meet a deadline for the promulgation of a Rule that is established by federal 25 law or rule; or 26 4. Protect public health and safety. 27 L. The Compact Commission or an authorized committee of the Compact Commission 28 may direct revisions to a previously adopted Rule for purposes of correcting 29 typographical errors, errors in format, errors in consistency, or grammatical errors. 30 Public notice of any revisions shall be posted on the website of the Compact 31 Commission. The revision shall be subject to challenge by any person for a period 32 of thirty days after posting. The revision may be challenged only on grounds that 33 the revision results in a material change to a Rule. A challenge shall be made in 34 writing and delivered to the Compact Commission prior to the end of the notice 35 26.99.10 26.99.11 22 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED period. If no challenge is made, the revision will take effect without further action. 1 If the revision is challenged, the revision may not take effect without the approval 2 of the Compact Commission. 3 M. No Member State's rulemaking requirements shall apply under this Compact. 4 SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 5 A. Oversight: 6 1. The executive and judicial branches of State government in each Member 7 State shall enforce this compact and take all actions necessary and 8 appropriate to implement the compact. 9 2. Except as otherwise provided in this compact, venue is proper and judicial 10 proceedings by or against the Compact Commission shall be brought solely 11 and exclusively in a court of competent jurisdiction where the principal office 12 of the Compact Commission is located. The Compact Commission may 13 waive venue and jurisdictional defenses to the extent it adopts or consents 14 to participate in alternative dispute resolution proceedings. Nothing herein 15 shall affect or limit the selection or propriety of venue in any action against 16 a Licensee for professional malpractice, misconduct, or any such similar 17 matter. 18 3. The Compact Commission shall be entitled to receive service of process in 19 any proceeding regarding the enforcement or interpretation of the compact 20 and shall have standing to intervene in such a proceeding for all purposes. 21 Failure to provide the Compact Commission service of process shall render 22 a judgment or order void as to the Compact Commission, this Compact, or 23 promulgated Rules. 24 B. Default, Technical Assistance, and Termination: 25 1. If the Compact Commission determines that a Member State has defaulted 26 in the performance of its obligations or responsibilities under this compact 27 or the promulgated Rules, the Commission shall provide written notice to 28 the defaulting State. The notice of default shall describe the default, the 29 proposed means of curing the default, and any other action that the 30 Compact Commission may take, and shall offer training and specific 31 technical assistance regarding the default. 32 2. The Compact Commission shall provide a copy of the notice of default to 33 the other Member States. 34 26.99.10 26.99.11 23 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED C. If a State in default fails to cure the default, the defaulting State may be terminated 1 from the compact upon an affirmative vote of a majority of the Commissioners of 2 the Member States, and all rights, privileges and benefits conferred on that State 3 by this compact may be terminated on the effective date of termination. A cure of 4 the default does not relieve the offending State of obligations or liabilities incurred 5 during the period of default. 6 D. Termination of membership in the compact shall be imposed only after all other 7 means of securing compliance have been exhausted. Notice of intent to suspend 8 or terminate shall be given by the Compact Commission to the governor, the 9 majority and minority leaders of the defaulting State's legislature, the defaulting 10 State's Licensing Authority, and each of the Member States' Licensing Authority. 11 E. A State that has been terminated is responsible for all assessments, obligations, 12 and liabilities incurred through the effective date of termination, including 13 obligations that extend beyond the effective date of termination. 14 F. Upon the termination of a State's membership from this compact, that State shall 15 immediately provide notice to all Licensees within that State of such termination. 16 The terminated State shall continue to recognize all Licenses and Compact 17 Privileges granted pursuant to this compact for a minimum of one hundred eighty 18 days after the date of said notice of termination. 19 G. The Compact Commission shall not bear any costs related to a State that is found 20 to be in default or that has been terminated from the compact, unless agreed upon 21 in writing between the Compact Commission and the defaulting State. 22 H. The defaulting State may appeal the action of the Compact Commission by 23 petitioning the United States District Court for the District of Columbia or the 24 federal district where the Compact Commission has its principal offices. The 25 prevailing party shall be awarded all costs of such litigation, including reasonable 26 attorney's fees. 27 I. Dispute Resolution: 28 1. Upon request by a Member State, the Compact Commission shall attempt 29 to resolve disputes related to the compact that arise among Member States 30 and between Member and non-Member States. 31 2. The Compact Commission shall promulgate a Rule providing for both 32 mediation and binding dispute resolution for disputes as appropriate. 33 J. Enforcement: 34 26.99.10 26.99.11 24 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED 1. By two-thirds majority vote, the Compact Commission may initiate legal 1 action against a Member State in default in the United States District Court 2 for the District of Columbia or the federal district where the Compact 3 Commission has its principal offices to enforce compliance with the 4 provisions of the compact and its promulgated Rules. The relief sought may 5 include both injunctive relief and damages. In the event judicial 6 enforcement is necessary, the prevailing party shall be awarded all costs of 7 such litigation, including reasonable attorney's fees. The remedies herein 8 shall not be the exclusive remedies of the Compact Commission. The 9 Compact Commission may pursue any other remedies available under 10 federal or the defaulting Member State's law. 11 2. A Member State may initiate legal action against the Compact Commission 12 in the United States District Court for the District of Columbia or the federal 13 district where the Compact Commission has its principal offices to enforce 14 compliance with the provisions of the compact and its promulgated Rules. 15 The relief sought may include both injunctive relief and damages. In the 16 event judicial enforcement is necessary, the prevailing party shall be 17 awarded all costs of such litigation, including reasonable attorney's fees. 18 The remedies herein shall not be the exclusive remedies of the Compact Commission. The Compact Commission may pursue any other remedies available under federal or the defaulting Member State's law. 2. A Member State may initiate legal action against the Compact Commission in the United States District Court for the District of Columbia or the federal district where the Compact Commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. 3. No person other than a Member State shall enforce this compact against 19 the Compact Commission. 20 SECTION 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 21 A. The Compact shall come into effect on the date on which the compact statute is 22 enacted into law in the seventh Member State. 23 1. On or after the effective date of the compact, the Compact Commission 24 shall convene and review the enactment of each of the first seven Member 25 States ("Charter Member States") to determine if the statute enacted and 26 made effective by each such Charter Member State is materially different 27 than the model compact statute. 28 a. A Charter Member State whose enactment is found to be materially 29 different from the Model Compact Language shall be entitled to the 30 default process set forth in Section 11. 31 b. If any Member State is later found to be in default, or is terminated 32 or withdraws from the Compact, the Compact Commission shall 33 remain in existence and the Compact shall remain in effect even if 34 the number of Member States should be less than seven. 35 26.99.10 26.99.11 25 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED 2. Member States enacting the compact subsequent to the seven initial 1 Charter Member States shall be subject to the process set forth in this 2 section to determine if their enactments are materially different from the 3 model Compact statute and whether they qualify for participation in the 4 Compact. 5 3. All actions taken for the benefit of the Compact Commission or in 6 furtherance of the purposes of the administration of the compact prior to 7 the effective date of the compact or the Compact Commission coming into 8 existence shall be considered to be actions of the Compact Commission 9 unless specifically repudiated by the Compact Commission. 10 4. Any State that joins the compact subsequent to the Compact Commission's 11 initial adoption of the Rules and bylaws shall be subject to the Rules and 12 bylaws as they exist on the date on which the compact becomes law in that 13 State. Any Rule that has been previously adopted by the Compact 14 Commission shall have the full force and effect of law on the day the 15 compact becomes law in that State. 16 B. Any Member State may withdraw from this compact by enacting a statute repealing 17 the same. 18 1. A Member State's withdrawal shall not take effect until one hundred eighty 19 days after enactment of the repealing statute. 20 2. Withdrawal shall not affect the continuing requirement of the withdrawing 21 State's Licensing Authority to comply with the investigative and Adverse 22 Action reporting requirements of this compact prior to the effective date of 23 withdrawal. 24 3. Upon the enactment of a statute withdrawing from this compact, a State 25 shall immediately provide notice of such withdrawal to all Licensees and 26 privilege holders within that State. Notwithstanding any subsequent 27 statutory enactment to the contrary, such withdrawing State shall continue 28 to recognize all Compact Privileges granted pursuant to this compact for a 29 minimum of one hundred eighty days after the date of such notice of 30 withdrawal. 31 4. Nothing contained in this compact shall be construed to invalidate or 32 prevent any licensure agreement or other cooperative arrangement 33 between a Member State and a non-Member State that does not conflict 34 with the provisions of this compact. 35 26.99.10 26.99.11 26 1149 Underscores indicate new language. Overstrikes indicate deleted language. HB1149 ENROLLED 5. This compact may be amended by the Member States. No amendment to 1 this compact shall become effective and binding upon any Member State 2 until it is enacted into the laws of all Member States. 3 SECTION 13. CONSTRUCTION AND SEVERABILITY 4 A. This compact and the Compact Commission's rulemaking authority shall be liberally 5 construed so as to effectuate the purposes, and the implementation and 6 administration of the compact. Provisions of the compact expressly authorizing or 7 requiring the promulgation of Rules shall not be construed to limit the Compact 8 Commission's rulemaking authority solely for those purposes. 9 B. The provisions of this compact shall be severable and if any phrase, clause, 10 sentence, or provision of this compact is held by a court of competent jurisdiction 11 to be contrary to the constitution of any Member State, a State seeking 12 participation in the compact, or of the United States, or the applicability thereof to 13 any government, agency, person or circumstance is held to be unconstitutional by 14 a court of competent jurisdiction, the validity of the remainder of this compact and 15 the applicability thereof to any other government, agency, person, or circumstance 16 shall not be affected thereby. 17 C. Notwithstanding the foregoing, the Compact Commission may deny a State's 18 participation in the compact or terminate a Member State's participation in the 19 Compact if it determines that a constitutional requirement of a Member State is a 20 material departure from the Compact. Otherwise, if this compact shall be held to 21 be contrary to the constitution of any Member State, the Compact shall remain in 22 full force and effect as to the remaining Member States and in full force and effect 23 as to the Member State affected as to all severable matters. 24 SECTION 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 25 A. Nothing herein shall prevent or inhibit the enforcement of any other law of a 26 Member State that is not inconsistent with the compact. 27 B. Any laws, statutes, regulations, or other legal requirements in a Member State in 28 conflict with the compact are superseded to the extent of the conflict. 29 C. All permissible agreements between the Compact Commission and the Member 30 States are binding in accordance with their terms. 31 26.99.11 27 1149 HB1149 ENROLLED An Act to adopt the athletic trainer licensure compact. I certify that the attached Act originated in the: House as Bill No. 1149 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1149 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State