Senate File 2139 - Enrolled Senate File 2139 AN ACT ENACTING THE ATHLETIC TRAINER COMPACT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: Section 1. NEW SECTION . 147M.1 Athletic trainer compact. 1. Title and purpose. This statute shall be known and cited as the athletic trainer compact. The purposes of this compact are to expand mobility of athletic training practice and improve public access to services by providing qualified licensed athletic trainers the ability to practice in other member states. This compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives: a. Increase public access to athletic training and enhance continuity of care by providing for the mutual recognition of other licenses issued by member states. b. Provide an additional streamlined opportunity for interstate practice by licensed athletic trainers who meet compact uniform requirements. c. Promote mobility and workforce development by eliminating the necessity for licenses in multiple states by providing for the mutual recognition of other licenses issued by member states.

Senate File 2139, p. 2 d. Reduce administrative burdens on licensed athletic trainers and member states. e. Enhance the states’ ability to protect the public’s health and safety. f. Encourage the cooperation of member states in regulating interstate practice of licensed athletic trainers. g. Support relocating active military members and their spouses. h. Enhance the exchange of licensure, investigative, and disciplinary information among member states. i. Allow for the use of telehealth to facilitate increased access to athletic training services. j. Support the uniformity of licensed athletic trainer licensure requirements throughout the states. k. Affirm the authority of all member states to hold a licensed athletic trainer accountable for abiding by the scope of practice in the state in which the patient is located at the time of care. l. Require adherence to the model compact language in order to promote uniformity and ensure that all member states have accepted and are mutually obligated to the same terms. 2. Definitions. As used in this compact, unless the context requires otherwise, the following definitions shall apply: a. “Active military member” means any individual with fulltime duty status in the active armed forces of the United States, including members of the national guard and reserve. b. “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state’s laws which is imposed by a licensing authority or other authority against a licensee, including actions against an individual’s license or compact privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a licensee’s authorization to practice. c. “Alternative program” means a non-disciplinary monitoring or practice remediation process applicable to an athletic trainer approved by a state licensing authority of a member state in which the athletic trainer is licensed. This includes, but is not limited to, programs to which licensees

Senate File 2139, p. 3 with substance use, addiction, or mental health conditions are referred in lieu of adverse action. d. “Athletic trainer compact commission” or “compact commission” means the government agency whose membership consists of all states that have enacted this compact, as described herein and which shall operate as an instrumentality of the member states to administer and implement the compact according to its terms. e. “Athletic training” means the prevention, examination, assessment, treatment and rehabilitation of emergent, acute, or chronic injuries and medical conditions as defined by applicable member state laws and regulations. f. “BOC” means the board of certification, inc., or any successor organization thereto. g. “CAATE” means the commission on accreditation of athletic training education or any successor organization thereto. h. “Charter member state” means any member state which enacted and made effective this compact by law before the compact effective date specified herein. i. “Commissioner” means the individual appointed by a member state to serve as the member of the commission for that member state. j. “Compact privilege” means the legal authorization granted by a remote state, equivalent to a license, allowing a licensee from another member state to provide athletic training services in a remote state. k. “Compact qualifying license” means a license that is not an encumbered license issued by a member state to practice athletic training which qualifies the licensee to exercise a compact privilege pursuant to subsection 4 of this compact. l. “Continuing competence” means a requirement, as a condition of license renewal, to provide evidence of successful participation, and completion of, educational and professional activities relevant to practice or area of work. For purposes of this compact, evidence of active BOC certification may satisfy the meaning of continuing competence as set forth herein. m. “Criminal background check” means the submission of fingerprints or other biometric-based information for a

Senate File 2139, p. 4 license applicant for the purpose of obtaining that applicant’s criminal history record information, as defined in 28 C.F.R. §20.3(d), from the federal bureau of investigation and the state’s criminal history record repository as defined in 28 C.F.R. §20.3(f). n. “Current significant investigative information” means the existence of any of the following: (1) Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the subject licensee to respond, if required by state law, has reason to believe is not groundless and, if proven true, would indicate more than a minor infraction. (2) Investigative information that indicates that the subject licensee represents an immediate threat to public health and safety regardless of whether the subject licensee has been notified and had an opportunity to respond. o. “Data system” means the commission’s repository of information about licensees, including but not limited to examinations, licensure, investigative information, compact privileges, adverse actions, and alternative programs. p. “Encumbrance” or “encumbered” means a revocation or suspension of, or any limitation or condition on, the full and unrestricted practice of athletic training. q. “Executive committee” means a group of commissioners elected or appointed to act on behalf of, and within the powers granted to them by, the compact and commission. r. “Investigative information” means information, records, and documents received or generated by a licensing authority pursuant to an investigation. s. “Jurisprudence requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of athletic training, as applicable, in a state. t. “License” means current authorization by a member state to engage in the practice of athletic training. u. “Licensee” or “licensed athletic trainer” means an individual who currently holds an active, unrestricted license and who meets all of the requirements outlined in subsection 4 of this compact. v. “Licensing authority” means the board or agency of a

Senate File 2139, p. 5 state, or equivalent, that is responsible for the licensing and regulation of athletic trainers. w. “Member state” means a state that has enacted the compact. x. “Model compact language” means the model language for the athletic trainer compact on file with the council of state governments or other entity as designated by the commission to which all member states must substantively adhere and adopt. y. “Remote state” means a member state other than the state of qualifying licensure. z. “Rule” means a regulation promulgated by an authorized entity that has the force of law. aa. “Scope of practice” means the procedures, actions, and processes an athletic trainer licensed in a state is permitted to undertake in that state and the circumstances under which the licensee is permitted to undertake those procedures, actions and processes. Such procedures, actions and processes and the circumstances under which they may be undertaken may be established through means, including, but not limited to, statute, regulations, case law, and other processes available to the state licensing authority or other government agency. Scope of practice shall include any state requirements regarding supervision or direction, if required by such state and as further defined by such state’s statutes and regulations. ab. “Single state license” means a license issued by any state that authorizes practice only within the issuing state. ac. “State” means any state, commonwealth, district, or territory of the United States of America. ad. “State of qualifying licensure” means the member state who has issued a compact qualifying license to a licensee pursuant to this compact. ae. “Unencumbered license” means a license that authorizes a licensee to engage in the full and unrestricted practice of athletic training. 3. State participation in the compact. a. To be eligible to join this compact and to maintain eligibility as a member state, a state must do all of the following:

Senate File 2139, p. 6 (1) Enact and maintain a statute that is not materially different from the model compact language. (2) License and regulate the practice of athletic training. (3) Require that licensees in that state maintain continuing competence standards as part of their state practice act or rules. (4) Have a mechanism in place for receiving and investigating complaints about licensees. (5) Grant the compact privilege to a licensee who meets all the requirements outlined in subsection 4 in accordance with the terms of the compact and any rules promulgated thereunder. (6) Participate fully in the compact commission’s data system, including using the unique identifier as defined in rules. (7) Notify the compact commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee. (8) Within a time frame established by rule, implement or utilize procedures for considering the criminal history records of applicants for a compact qualifying license which includes receiving the results of the federal bureau of investigation record search and using those results in making licensure decisions. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state’s criminal records. (a) A member state must fully implement a criminal background check requirement in order to participate in the issuance and acceptance of compact privileges. (b) Communication between a member state and the compact commission or among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the federal bureau of investigation relating to a federal criminal records check performed by a member state. (9) Comply with and enforce the rules of the compact

Senate File 2139, p. 7 commission. b. Member states may set and collect a fee for issuance and renewal of a compact privilege to applicants. c. Individuals without a compact qualifying license shall continue to be able to apply for a member state’s single state license as provided under the laws of each member state. d. Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license. e. A compact qualifying license shall be recognized by each remote state as authorizing that licensee to engage in the practice of athletic training, under a compact privilege, in another member state in accordance with the requirements in subsection 4. 4. Compact privilege. a. To be eligible for a compact privilege under the terms and provisions of the compact, the licensee shall complete a criminal background check performed by the licensing authority in the state of qualifying licensure prior to entry in the compact and shall do all of the following: (1) Satisfy one of the following: (a) Hold a valid current active certification through the BOC, or its successor organization. (b) If a licensee does not meet the requirements of subsection 4, paragraph “a” , subparagraph (1), subparagraph division (a), the licensee must complete all of the following: (i) An education program that is any of the following: (A) At least a bachelor’s degree with a major course of study in athletic training, or an equivalent course of study from a college or university accredited at the time of graduation by CAATE, or its successor organization. (B) An academic degree from a college or university in a foreign country equivalent to the degree described in subparagraph part (A) with a major course of study as described in subparagraph part (A) that is accredited by CAATE, or its successor organization. (C) The substantial equivalent of the foregoing which the commission may determine by rule. (ii) Successful completion of the exam administered by

Senate File 2139, p. 8 the BOC, or its successor organization, preceding the date of the licensee’s application for licensure in their state of qualifying licensure or the substantial equivalent of the foregoing requirement which the commission may determine by rule. (2) Hold a compact qualifying license. (3) Have not had any encumbrance against any license or compact privilege to practice athletic training within the previous two years. (4) Be eligible for a compact privilege in any member state in accordance with this subsection 4. (5) Notify the compact commission that the licensee is seeking the compact privilege within a remote state. (6) Pay any applicable fees, including any state fee, for the compact privilege. (7) Meet only the continuing competence requirements established by the state of qualifying licensure. (8) Comply with any requirements of the state of qualifying licensure as set forth in subsection 3. (9) Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege. (10) Report to the compact commission any adverse action, encumbrance, or restriction on a license taken by any nonmember state within thirty days from the date the action is taken. b. The compact privilege is valid until the expiration date of the compact qualifying license. To maintain a compact privilege, renewal of the compact privilege shall be congruent with the renewal of the compact qualifying license as the compact commission may define by rule. The licensee must comply with the requirements of this section to maintain the compact privilege in the remote state. A licensee may apply for and hold compact privileges in multiple member states. c. A licensed athletic trainer must follow the scope of practice of the member state where the patient is located. A licensee engaging in the practice of athletic training in a remote state under the compact privilege shall adhere to the scope of practice laws and regulations of the remote state. Licensees shall be responsible for educating themselves on,

Senate File 2139, p. 9 and complying with, any and all scope of practice laws and regulations and state laws relating to the remote practice of athletic training, as applicable. d. A licensee engaging in the practice of athletic training in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens. Any member state which undertakes such an action shall promptly notify the member state and the commission as specified in the rules. The licensee may be deemed to be ineligible to exercise the compact privilege by any member state until the specific time for removal has passed and all fines are paid. e. All member state disciplinary orders that impose adverse action against a compact qualifying license shall result in deactivation of the licensee’s compact privilege in all member states during the pendency of the order. If a compact qualifying license is encumbered, the licensee shall lose the compact privilege in any remote state until all of the following occur: (1) The compact qualifying license is no longer encumbered. (2) The licensee has not had any encumbrance or restriction against any license, compact qualifying license or compact privilege within the previous two years. f. Once an encumbered license is restored to good standing as a compact qualifying license, as certified by the licensing authority, the licensee must meet the requirements of this subsection to obtain a compact privilege in any remote state. g. If a licensee’s compact privilege in any remote state is removed, that licensee may also lose the compact privilege in other remote states, as each member state shall determine in its sole authority, until all of the following occur: (1) The specific period of time for which the compact privilege was removed has ended. (2) All fines have been paid. (3) The licensee has not had any encumbrance or restriction against any license or compact privilege within the previous

Senate File 2139, p. 10 two years. h. Once the requirements of paragraph “g” have been met, the licensee must meet the requirements of paragraph “a” to obtain a compact privilege in a remote state. 5. Compact qualifying license. a. A licensee may only designate one license as the licensee’s compact qualifying license at a time. The procedures for such designation may be further defined by compact commission rule. b. Nothing in this subsection shall require that the state of qualifying licensure be the state of primary residence or state of primary practice for the licensee. c. Nothing in this compact shall interfere with a licensee’s ability to hold a single state license in multiple states. d. Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license. 6. Active military members or their spouses. An active military member or their spouse shall not be required to pay a fee to the commission for a compact privilege. If a member state chooses to charge a member state fee, it may choose to charge a reduced fee or no fee to an active military member or their spouse for a compact privilege. 7. Adverse actions. a. A member state in which a licensee is issued a compact qualifying license shall have the exclusive authority to impose adverse action against the compact qualifying license issued by that member state. b. A member state may take adverse action based on current significant investigative information of a remote state, so long as the member state follows its own procedures for imposing adverse action. c. Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state’s laws or rules. d. A remote state shall have the authority to do all of the following:

Senate File 2139, p. 11 (1) Take adverse actions as set forth herein against a licensee’s compact privilege in that state. (2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. (a) Subpoenas may be issued by a member state athletic training licensing authority for the attendance and testimony of witnesses and the production of evidence. (b) A member state which issues a subpoena may request service of that subpoena by another member state. The member state receiving the request to serve a subpoena shall serve the subpoena if it is deemed enforceable by a court of competent jurisdiction according to the practice and procedure in the receiving member state. (c) The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located. e. For purposes of taking adverse action, a member state shall give the same priority and effect to reported conduct received from another member state as it would if the conduct had occurred within that state. In so doing, the investigating member state shall apply its own state laws to determine appropriate action. f. A member state, if otherwise permitted by state law, may recover from the affected licensee the costs of investigations and dispositions of cases resulting from any adverse action taken against that licensee. g. Joint investigations. (1) In addition to the authority granted to a member state by its respective state law, any member state may participate with other member states in joint investigations of licensees. (2) Member states shall share any current significant investigative information, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact. In sharing such information between member state athletic trainer licensing authorities, all information obtained shall be kept confidential, except as otherwise mutually agreed upon by the sharing and receiving

Senate File 2139, p. 12 member state. (3) A remote state may issue subpoenas on behalf of a member state for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. h. If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify all member states of any adverse actions by remote states. i. Nothing in this compact permits a member state to take any adverse action against a licensee or holder of a compact privilege for conduct or practice occurring in another member state that was legal in the member state at the time it was undertaken. 8. Establishment and operation of the commission. a. The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the athletic trainer licensure compact commission. The compact commission is an instrumentality of the member states acting jointly and not an instrumentality of any one state. The compact commission shall come into existence on or after the effective date of the compact as set forth in subsection 12. b. Membership, voting, and meetings. (1) Each member state shall have and be limited to one commissioner selected by that member state’s licensing authority within sixty days of the member state’s effective date. (2) The commissioner shall be an administrator or their designated staff or current board member of the licensing authority. (3) The compact commission may recommend removal or suspension of any commissioner from office. (4) A member state’s licensing authority shall fill any vacancy of its commissioner occurring on the compact commission within sixty days of the vacancy. (5) Each commissioner shall be entitled to one vote on all matters before the compact commission requiring a vote by the commissioners.

Senate File 2139, p. 13 (6) The compact commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the commission bylaws. A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners to meet by telecommunication, videoconference, or other means of communication. c. The compact commission shall have the following powers: (1) Promulgate, adopt, and amend rules and bylaws. (2) Establish code of conduct, confidentiality, and conflict of interest policies for commissioners. (3) Establish the fiscal year of the compact commission. (4) Maintain its financial records in accordance with the bylaws. (5) Purchase and maintain insurance and insurance bonds. (6) Accept, or contract for services of personnel, including, but not limited to, employees of a member state. (7) Conduct a financial review or audit. (8) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the compact commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters. (9) Enter into contracts or arrangements for the management of the affairs of the commission. (10) Assess and collect fees. (11) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the compact commission shall avoid any appearance of impropriety or conflict of interest. (12) Lease, purchase, retain, own, hold, improve, invest, or use any property, real, personal, or mixed, or any undivided interest therein. (13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.

Senate File 2139, p. 14 (14) Establish a budget and make expenditures. (15) Borrow and invest money. (16) Meet and take such actions as are consistent with the provisions of this compact, the compact commission’s rules, and the bylaws. (17) Initiate and conclude legal proceedings or actions in the name of the compact commission, provided that the standing of any licensing authority to sue or be sued under applicable law shall not be affected. (18) Maintain and certify records and information provided to a member state as the authenticated business records of the compact commission, and designate an agent to do so on the compact commission’s behalf. (19) Provide and receive information from, and cooperate with, law enforcement agencies. (20) 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. (21) Establish and elect an executive committee, including a chair and a vice chair, secretary, treasurer, and such other offices as the commission shall establish by rule or bylaw. (22) Appoint committees, including standing committees, composed of member state commissioners, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws. (23) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact. d. The executive committee. (1) The executive committee shall have the power to act on behalf of the compact commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee shall include all of the following: (a) Exercise the powers and duties of the compact commission during the interim between compact commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the compact commission by rule or bylaw. (b) Oversee the day-to-day activities of the administration

Senate File 2139, p. 15 of the compact including enforcement and compliance with the provisions of the compact, its rules and bylaws, and other such duties as deemed necessary. (c) Recommend to the compact commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees. (d) Ensure compact administration services are appropriately provided, including by contract. (e) Prepare and recommend the budget. (f) Maintain financial records on behalf of the compact commission. (g) Monitor compact compliance of member states and provide compliance reports to the compact commission. (h) Establish additional committees as necessary. (i) Other duties as provided in the rules or bylaws of the compact commission. (2) The executive committee shall be composed of five voting members, elected by the compact commission. (a) The chair and vice chair of the compact commission, shall be voting members of the executive committee. (b) The compact commission shall elect up to three additional voting members from the current membership of the compact commission to include the offices of treasurer, secretary, and one member-at-large. (c) Up to four ex officio, nonvoting members from recognized national athletic trainer organizations. (3) The compact commission may remove any member of the executive committee as provided in the compact commission’s bylaws. (4) The executive committee shall meet at least annually. (a) Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, nonpublic meeting as provided in this subsection. (b) The executive committee shall give advance notice of its meetings, posted on its internet site and as determined by rule or bylaw to provide notice to persons with an interest in the business of the compact commission. (c) The executive committee may hold a special meeting in

Senate File 2139, p. 16 accordance with this subsection. e. The compact commission shall adopt and provide to the member states an annual report. f. Meetings of the compact commission. (1) All meetings shall be open to the public, except that the compact commission may meet in a closed, nonpublic meeting as provided in this paragraph. (2) Public notice for all meetings of the full compact commission of meetings shall be given in the same manner as required under the rulemaking provisions in this compact, except that the compact commission may hold a special meeting as provided in this paragraph. (3) The compact commission may hold a special meeting when it must meet to conduct emergency business by giving twenty-four hours’ notice to all commissioners, on the compact commission’s internet site, and other means as provided in the compact commission’s rules. The compact commission’s legal counsel shall certify that the compact commission’s need to meet qualifies as an emergency. (4) The compact commission or the executive committee or other committees of the compact commission may convene in a closed, nonpublic meeting for the compact commission or executive committee or other committees of the compact commission to receive legal advice or to discuss any of the following: (a) Noncompliance of a member state with its obligations under the compact. (b) The employment, compensation, discipline or other matters, practices or procedures related to specific employees. (c) Current or threatened discipline of a licensee by a member state’s licensing authority. (d) Current, threatened, or reasonably anticipated litigation. (e) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate. (f) Accusing any person of a crime or formally censuring any person. (g) Trade secrets or commercial or financial information that is privileged or confidential.

Senate File 2139, p. 17 (h) Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy. (i) Investigative records compiled for law enforcement purposes. (j) Information related to any investigative reports prepared by or on behalf of or for use of the compact commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact. (k) Matters specifically exempted from disclosure by federal or member state law. (l) Other matters as specified in rules of the compact commission. (5) If a meeting, or portion of a meeting, is closed, the compact commission’s legal counsel or designee shall certify that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the compact commission or order of a court of competent jurisdiction. g. Financing of the compact commission. (1) The compact commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (2) The compact commission may accept any and all appropriate revenue sources as provided in this section. (3) The compact 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 compact privilege to cover the cost of the operations and activities of the compact 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 shall be allocated based upon a formula that the compact commission shall promulgate by rule. (4) The compact commission shall not incur obligations of any kind prior to securing the funds or a loan adequate to meet

Senate File 2139, p. 18 the same; nor shall the compact commission pledge the credit of any of the member states, except by and with the authority of the member state. (5) The compact commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the compact commission shall be subject to the financial review or audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the compact commission shall be subject to an annual financial review or audit by a certified or licensed public accountant, and the report of the financial review or audit shall be included in and become part of the annual report of the compact commission. h. Qualified immunity, defense, and indemnification. (1) The members, officers, executive director, employees and representatives of the compact commission shall be 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 occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of compact commission employment, duties or responsibilities; provided that nothing in this subparagraph shall be construed to 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 procurement of insurance of any type by the compact commission shall not in any way compromise or limit the immunity granted hereunder. (2) The compact commission shall defend any member, officer, executive director, employee, and representative of the compact 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 compact commission employment, duties, or responsibilities, or as determined by the compact commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of compact commission employment, duties, or responsibilities; provided that nothing herein shall be

Senate File 2139, p. 19 construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct. (3) The compact commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the compact commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of compact commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of compact commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. (4) Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws. (5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation. (6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the compact commission. 9. Data system. a. The commission shall provide for the development, maintenance, operation, and utilization of a coordinated data system and reporting system containing licensure, compact privileges, adverse action, and the presence of current significant investigative information on all licensees and applicants for a license in member states. b. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all licensees, applicants, and others to whom this compact is applicable as required by the rules of the compact commission, including all of the following: