HB 2201

The Interstate Massage Compact ( the "compact"" ) is a state-led agreement that enables licensed massage therapists to practice across member states under one multistate license while preserving each state ' s authority to regulate the profession and protect the public. As of the writing of this summary, Montana, Nevada, Ohio, Arkansas, and Virginia had adopted the compact. However, t he compact requires seven states to formally join before the compact is effective . PURPOSE The purpose of th e compact is to reduce the burdens on state governments and to facilitate the interstate practice and regulation of massage therapy with the goal of improving public access to, and the safety of, massage therapy services. Through th e compact, the member states seek to establish a regulatory framework that provides for a new multistate licensing program. Through this additional licensing pathway, the member states seek to provide increased value and mobility to licensed massage therapists in the member states, while ensuring the provision of safe, competent, and reliable services to the public. However, the compact is not intended to prevent a state from enforcing its own laws regarding the practice of massage therapy. MEMBER STATE REQUIREMENTS In order t o be eligible to join th e compact, and to maintain eligibility as a member state, the compact requires a state to adhere to all of the following requirements:  License and regulate the practice of massage therapy .  Have a mechanism or entity in place to receive and investigate complaints from the public, regulatory or law enforcement agencies, or the interstate massage compact commission (""commission"") about licensees practicing in that state .  Accept passage of a psychometrically - valid national examination as a criterion for massage therapy licensure in that state. However, such examination does not include a state-administered examination but is inclusive of (i) the massage and bodywork licensure examination, (ii) the national certification board for therapeutic massage & bodywork prior to January 1, 2015, or (iii) the substantial equivalent of the foregoing, which the commission may approve by rule .  Require that licensees satisfy educational requirements prior to being licensed to provide massage therapy services to the public in that state .  Implement procedures for requiring the background check of applicants for a multistate license, and for the reporting of any disqualifying events .  Have continuing competence requirements as a condition for license renewal .  Participate in the data system as described in the compact.  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 .  Comply with the rules of the commission .  Accept licensees with valid multistate licenses from other member states. The compact requires individuals not residing in a member state to 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 license granted to those individuals must not be recognized as granting a multistate license for massage therapy in other member state s . The compact does not affect the requirements established by a member state for the issuance of a single-state license. A multistate license issued to a license e must be recognized by each remote state as an authorization to practice massage therapy in each remote state. MULTISTATE LICENSE REQUIREMENTS In order t o qualify for a multistate license under th e compact, and to maintain eligibility for such a license, the compact requires an applicant to adhere to all of the following requirements :  Hold an active single-state license to practice massage therapy in the applicant's home state .  Either (i) c ompletion of at least 625 clock hours of massage therapy education; (ii) graduation from an educational program that meets the minimum qualifications for licensure in the home state and two years of continuous licensure with a single-state license in good standing in the home state, except for active military members and their spouses ; or (iii) satisfaction of the substantial equivalent of the foregoing, which the commission may approve by rule .  Successfully pass a psychometrically - valid national examination for licensure.  Submit to a background check .  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 years prior to the date of their application . S uch time period does not include any time served for the offense . Additionally, the applicant must ha ve completed all requirements arising as a result of any such offense .  Have not been convicted or found guilty, or have entered into an agreed disposition, of a misdemeanor offense related to the practice of massage therapy under applicable state or federal criminal law, within two years prior to the date of their application . S uch time period does not include any time served for the offense . Additionally, the applicant must have completed all requirements arising as a result of any such offense .  Have not been convicted or found guilty, or have entered into an agreed disposition, of any offense, whether a misdemeanor or a felony, under state or federal law, at any time, relating to k idnapping; h uman trafficking; human smuggling; sexual battery, sexual assault, or any related offenses; or any other category of offense, which the commission may by rule designate .  Have not previously held a massage therapy license that was revoked by, or surrendered in lieu of discipline to an applicable licensing authority .  Have no history of any adverse action on any occupational or professional license within two years prior to the date of their application .  Pay all required fees. The compact authorizes a multistate license granted pursuant to th e compact to be effective for a definite period of time concurrent with the renewal of the home state license. A licensee practicing in a member state is subject to all scope of practice laws governing massage therapy services in that state. The practice of massage therapy under such a multistate license also subject s the licensee to the jurisdiction of the licensing authority, the courts, and the laws of the member state in which the mass age therapy services are provided. AUTHORITY OF MEMBER STATE LICENSING AUTHORITIES The compact provides that its provisions, and any rule s of the commission, do not limit, restrict, or in any way reduce any of the following:  T he 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 compact.  T he ability of a member state to take adverse action against a licensee's single-state license to practice massage therapy in that state.  T he ability of a remote state to take adverse action against a licensee's authorization to practice in that state.  T he ability of a licensee's home state to take adverse action against a licensee's multistate license based upon information provided by a remote state. Insofar as practical, the compact requires a member state's licensing authority to cooperate with the commission and with each entity exercising independent regulatory authority over the practice of massage therapy according to the compact. ADVERSE ACTIONS The compact provides that a licensee's home state has exclusive power to impose an adverse action against a licensee's multistate license issued by the home state. A home state may take adverse action on a multistate license based on the investigative information, current significant investigative information, or adverse action of a remote state. A home state must retain authority to complete any pending investigations of a licensee practicing under a multistate license who changes their home state durin g the course of such an investigation. The licensing authority must also be empowered to report the results of such an investigation to the commission through the data system as described in the compact. Any member state may investigate actual or alleged violations of the scope of practice laws in any other member state for a massage therapist who holds a multistate license. The compact grants a remote state the authority to do all of the following:  Take adverse actions against a licensee's authorization to practice .  Issue cease and desist orders or impose an encumbrance on a licensee's authorization to practice in that state .  Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. However, t he issuing licensing authority must 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 .  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 .  Take adverse action against the licensee's authorization to practice in that state based on the factual findings of another member state. ""Adverse Action"" Defined As used in the compact, an "" a dverse action"" means 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, surren der 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 . Deactivation in All Member States If an adverse action is taken by the home state against a licensee's multistate license or single-state license to practice in the home state, then the compact requires the licensee's authorization to practice in all other member states to be deactivated until all encumbrances have been removed from such license. All home state disciplinary orders that impose an adverse action against a licensee must include a statement that the massage therapist's authorization to practice is deactivated in all member st ates during the pendency of the order. Removal of Authorizations to Practice in All Remote States If adverse action is taken by a remote state against a licensee's authorization to practice, then the compact provides that adverse action applies to all authorizations to practice in all remote states. A licensee whose authorization to practice in a remote state is removed for a specified period of time is not eligible to apply for a new multistate license in any other state until the specific time for removal of the authorization to practice has passed and all encumbrance requirements are satisfied. Alternative Programs The compact provides that its provisions do not override a member state's authority to accept a licensee's participation in an alternative program in lieu of adverse action. A licensee's multistate license is suspended for the duration of the licensee's participation in any alternative program. As used in the compact, an ""a lternative program"" means a non-disciplinary monitoring or prosecutorial diversion program approved by a member state's licensing authority . Joint Investigations In addition to the authority granted to a member state by its respective scope of practice laws or other applicable state law, the compact authorizes a member state to participate with other member states in joint investigations of licensees. Member states must share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact. ACTIVE MILITARY MEMBERS AND THEIR SPOUSES The compact requires a ctive military members, including members of the national guard and reserve, or their spouses, to 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 ass ignment. Further, active military members or their spouses must satisfy the education requirements described in the compact by successf ul graduation from an educational program that meets the minimum qualifications for licensure in the designated home state. INTERSTATE MASSAGE COMPACT COMMISSION The compact, through its member states, 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 come s into existence on or after the effective date of the compact. Commission Membership and V oting The compact provides that e ach member state is limited to one delegate selected by that member state's state licensing authority. The delegate must be either a member of the state licensing authority or t he primary administrative officer of the state licensing authority or their designee. The commission, by rule or bylaw, must establish a term of office for delegates and may establish term limits. The commission may recommend removal or suspension of any delegate from office. A member state's state lic ensing authority must fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy. Each delegate is entitled to one vote on all matters that are voted on by the commission. Commission Meetings The compact requires the commission to 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. A ll commission meetings that are not closed to generally be open to the public. Notice of public meetings must be posted on the commission's website at least 30 days prior to the public meeting. However, the commission may convene an emergency public meeting by providing at least 24 hours prior notice on the commission's website, and any other means as provided in the commission's rules . Notice of all commission meetings must provide the time, date, and location of the meeting, and, if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice must include the mechanism for access to the meeting. The compact authorizes the commission to convene in a closed, non-public meeting for the commission to discuss certain issues, including, but not limited to, all of the following reasons:  Non-compliance of a member state with its obligations under the compact .  The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures .  Current or threatened discipline of a licensee by the commission or by a member state's licensing authority .  Current, threatened, or reasonably anticipated litigation .  Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate .  Accusing any person of a crime or formally censuring any person .  Trade secrets or commercial or financial information that is privileged or confidential .  Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy .  Investigative records compiled for law enforcement purposes .  Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact .  Legal advice .  Matters specifically exempted from disclosure to the public by federal or member state law .  Other matters as promulgated by the commission by rule. If a meeting, or portion of a meeting, is closed, the commission requires the presiding officer to state that the meeting will be closed and reference each relevant exempting reason, and such reason must be recorded in the minutes. The compact requires t he commission to keep minutes that fully and clearly describe all matters discussed in a meeting and to provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action must be identified in such minutes. All minutes and documents of a closed meeting must remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction. Commission Powers The compact provides that the commission has specific powers, including, but not limited to, all of the following:  Establish code of conduct and conflict of interest policies .  Adopt rules and bylaws .  Meet and take such actions as are consistent with the compact, the commission's rules, and the bylaws .  Conduct an annual financial review .  Assess and collect fees .  Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in th e compact and the commission's bylaws .  Accept and transmit complaints from the public, regulatory or law enforcement agencies, or the commission to the relevant member state regarding potential misconduct of licensees .  Establish and elect an executive committee, including a chair and a vice chair .  Adopt and provide to the member states an annual report .  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 . Executive C ommittee The compact provides that the executive committee has the power to act on behalf of the commission according to the compact. The powers, duties, and responsibilities of the executive committe e include s all of the following:  Overseeing the day-to-day activities of the administration of the compact, including compliance with the compact, the commission's rules and bylaws, and other such duties as deemed necessary .  Recommending to the commission changes to the rules or bylaws, the compact legislation, and fees charged to member states, licensees, and other wise.  Ensuring compact administration services are provided, including by contract .  Preparing and recommending the budget .  Maintaining financial records on behalf of the commission .  Monitoring compact compliance of member states and providing compliance reports to the commission .  Establishing additional committees as necessary .  Exercis ing the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw .  Other duties as provided in the commission's rules or bylaws. The compact provides that the executive committee is composed of seven voting members, consisting of (i) the chair and vice chair of the commission and any other members of the commission who serve on the executive committee as voting members of the executive committee and (ii) o ther than the chair, vice chair, secretary, and treasurer, three voting members from the current membership of the commission. The commission may remove any member of the executive committee as provided in the commission's bylaws. Executive Committee Meetings The compact requires t he executive committee to meet at least annually. Executive committee meetings must 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 described in (i)-(iii) below . The executive committee must 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. The executive committee may hold an emergency meeting when acting for the commission to (i) m eet an imminent threat to public health, safety, or welfare; ( ii ) p revent a loss of commission or participating state funds; or ( iii ) p rotect public health and safety. Commission Financing The compact requires t he commission to pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. The commission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials, and services. The commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operation s and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states must be allocated based upon a formula that the commission promulgate s by rule. The compact requires t he commission to keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission are subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review must be included in the commission's annual report. Qualified Immunity, D efense, and I ndemnification The compact provides that t he members, officers, executive director, employees, and representatives of the commission are immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occ urred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission e mployment, duties, or responsibilities . However, this provision does not protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The compact requires the commission to defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission emplo yment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, as long as the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. The compact requires t he commission to indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission tha t occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilitie s, as long as the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. The compact does not limit the liability of any licensee for professional malpractice or misconduct, which is governed solely by any other applicable s tate laws. The compact does not waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the federal Sherman Act, federal Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation. The compact also does not waive sovereign immunity by the me mber states or by the commission. DATA SYSTEM The compact requires the commission to provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system. The commission must assign each applicant for a multistate license a unique identifier, as determined by the rules of the commission. A member state must submit a uniform data set to the data system on all individuals to whom th e compact is applicable as required by the rules of the commission, including all of the following:  Identifying information .  Licensure data .  Adverse actions against a license and information related thereto .  Non-confidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation .  Any denial of application for licensure, and the reason for such denial, excluding the reporting of any criminal history record information where prohibited by law .  The existence of investigative information .  The existence presence of current significant Investigative information .  Other information that may facilitate the administration of th e compact or the protection of the public, as determined by the rules of the commission. The compact requires t he records and information provided to a member state pursuant to th e compact or through the data system, when certified by the commission or an agent thereof, to constitute the authenticated business records of the commission . Such records and information are entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state. The existence of current significant i nvestigative i nformation and the existence of investigative information pertaining to a licensee in any member state must only be available to other member states. The compact provides that it is the responsibility of the member states to report any adverse action against a licensee who holds a multistate license and to monitor the database to determine whether adverse action has been taken against such a licensee or license applicant. Adverse action information pertaining to a licensee or license applicant in any member state must be available to any other member state. Member states contributing information to the data system may designate information that must n ot be shared with the public without the express permission of the contributing state. Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information must be removed from the data system. RULEMAKING The compact requires t he commission to promulgate reasonable rules in order to effectively and efficiently implement and administer the compact. A rule is invalid and ha s no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope of the compact or the powers granted under the compact, or because of another applicable standard of review. The compact generally provides that t he commission's rules have the force of law in each member state . H owever, where the rules conflict with the laws of the member state that establish the member state's scope of practice as held by a court of competent jurisdiction, the rules are ineffective in that state to the extent of the conflict. The commission must exercise its rulemaking powers pursuant to the criteria set forth under this heading and the rules adopted under the compact . Rules become binding a s of the date specified by the commission for each rule. If a majority of the legislatures of the member states rejects a rule or portion of a rule by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then the compact provides that such rule has no further force and effect in any member state or to any state applying to participate in the compact. Hearings for Proposed Rules The compact requires r ules to be adopted at a regular or special meeting of the commission. Prior to adoption of a proposed rule, the commission must hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments. Prior to adoption of a proposed rule by the commission, and at least 30 days in advance of the meeting at which the commission will hold the public hearing, the commission must provide a notice of proposed rulemaking (i) o n the website of the commission or other publicly accessible platform, ( ii ) t o persons who have requested notice of the commission's notices of proposed rulemaking, and (iii) i n such other way as the commission may by rule specify. The notice must include all of the following:  The time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the commission will consider and vote on the proposed rule .  If the hearing is held via telecommunication, video conference, or other electronic means, the commission must include the mechanism for access to the hearing in the notice of proposed rulemaking .  The text of the proposed rule and the reason for the proposed rule.  A request for comments on the proposed rule from any interested person .  The manner in which interested persons may submit written comments. The compact requires all hearings to be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule must be available to the public. The compact does not requir e a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by the compact. Final Action on Proposed Rules The compact requires the commission to, by majority vote of all commissioners, take final action on the proposed rule based on the rulemaking record. The commission may adopt changes to the proposed rule as long as the changes do not enlarge the original purpose of the proposed rule. The commission must provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters. The commission must determine a reasonable effective date for the rule. Except for an emer gency, the effective date of the rule must be no sooner than 30 days after the commission issuing the notice that it adopted or amended the r ule. Upon determination that an emergency exists, the compact authorizes the commission to consider and adopt an emergency rule with 24- hours' notice . However, the usual rulemaking procedures provided in the compact and under this heading must be retroactively applied to the rule as soon as reasonably possible, which must be no later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately to (i) m eet an imminent threat to public health, safety, or welfare; ( ii ) p revent a loss of commission or member state funds; ( iii ) m eet a deadline for the promulgation of a rule that is established by federal law or rule; or ( iv ) p rotect public health and safety. The compact authorizes the commission or an authorized committee of the commission to direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions must be posted on the website of the commission. The revision is subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, then the revision take s effect without further action. If the revision is challenged, then the revision m ust not take effect without the approval of the commission. A member state's rulemaking requirements do not apply under th e compact. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT Oversight The compact requires t he executive and judicial branches of state government in each member state to enforce th e compact and take all actions necessary and appropriate to implement the compact. Venue is proper and judicial proceedings by or against the commission must be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. However, t he commission may waive venue and jurisdictional defenses to the extent it adopts or consents to parti cipate in alternative dispute resolution proceedings. Further, the compact does not affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter. The commission is entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact and has standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process render s a judg ment or order void as to the commission, th e compact, or rules promulgated pursuant to the compact . Default, T echnical A ssistance, and T ermination If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under th e compact or the promulgated rules, then the compact requires the commission to provide written notice to the defaulting state. The notice of default must describe the default, the proposed means of curing the default, and any other action that the commission may take . The commission must offer training and specific technical assistance regarding the default, and must provide a copy of the notice of default to the other member states. If a state in default fails to cure the default, the compact authorizes the defaulting state to be terminated from the compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges, and benefits conferred on that state by th e compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. The compact requires t ermination of membership in the compact to be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate must be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, the defaulting state's state licensing authority, and each of the member states' state licensing authority. A state that has been terminated is responsible for all assessments, obligations, and liabilitie s incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. Upon the termination of a state's membership, the compact requires that state to immediately provide notice to all licensees who hold a multistate license within that state of such termination. The terminated state must continue to recognize all licenses granted pursuant to th e compact for a minimum of 180 days after the date of the notice of termination. The commission must not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed up on in writing between the commission and the defaulting state. The compact authorizes t he defaulting state to appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees. Dispute R esolution Upon request by a member state, the compact requires the commission to attempt to resolve disputes related to the compact that arise among member states and between member and non-member states. The commission must promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. ENFORCEMENT OF THE COMPACT The compact requires t he commission, in the reasonable exercise of its discretion, to enforce the compact and the commission's rules. By majority vote as provided by commission rule, the commission may initiate legal action against a member state in default in the United States District Court for the District of Columbia or the federal district where the commission has its principal off ices to enforce compliance with the compact and promulgated rules. The relief sought may include both injunctive relief and damages. I f judici al enforcement is necessary, then the prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees. The remedies in the compact are not the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state's law. The compact authorizes a member state to initiate legal action against the commission in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with t he compact and promulgated rules. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, then the prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees. An individual or entity other than a member state must not e nforce th e compact against the commission. EFFECTIVE DATE OF THE COMPACT, RULES, AND BYLAWS The compact come s into effect on the date on which the compact is enacted into law in the seventh member state. On or after the effective date of the compact, the commission must convene and review the enactment of each of the charter member states to determine if the statute enacted by each such charter member state is materially different than the model compact statute. A charter member state whose enactment is found to be materially different from the model compact statute is entitled to the default p rocess set forth above . Even if a member state is later found to be in default, or is terminated or withdraws from the compact, the commission remain s in existence and the compact remain s in effect even if the number of member states is then less than seven. The compact provides that m ember states enacting the compact subsequent to the charter member states are subject to the process set forth in the compact to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact. All actions taken for the benefit of the commission, or in furtherance of the administration of the compact prior to the effective date of the compact or the commission coming into existence, are considered to be actions of the commission unless specifically repudiated by the commission. The compact provides that a ny state that joins the compact is subject to the commission's rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission has the full force and effect of law on the day the compact becomes law in that state. WITHDRAWAL FROM THE COMPACT The compact authorizes any member state to withdraw from th e compact by enacting a statute repealing that state's enactment of the compact. A member state's withdrawal does not take effect until 180 days after enactment of the repealing statute. Withdrawal does not affect the continuing requirement of the withdrawing state's licensing authority to comply with the investigative and adverse action reporting requirements of t he compact prior to the effective date of withdrawal. Upon the enactment of a statute withdrawing from th e compact, the compact requires a state to immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state must continue to recognize all licenses granted pursuant to t he compact for a minimum of 180 days after the date of such notice of withdrawal. The compact does not invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the compact. AMENDMENT TO THE COMPACT The compact authorizes its provisions to be amended by the member states. An amendment to th e compact does not become effective and binding upon any member state until it is enacted into the laws of all member states. CONFLICT OF LAWS The compact provides that its provision do not prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact. Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict. All permissible agreements between the commission and the member states are binding in accordance with their terms. However, the compact authorizes the commission to deny a state's participation in the compact or terminate a member state's participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if th e compact is held to be contrary to the constitution of any member state, the compact remain s in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all sever able matters. RULEMAKING This bill authorizes t he Tennessee massage license board, or its successor, to promulgate rules to implement t he compact. NOTICE TO REVISOR OF STATUTES This bill requires t he Tennessee massage license board, or its successor, to notify the executive secretary of the Tennessee code commission in writing when the condition in the compact has occurred for the compact, a withdrawal, or an amendment to become effective."