House Study Bill 672 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON BLOOMINGDALE) A BILL FOR An Act enacting the athletic trainer compact. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5518YC (1) 91 ss/ko

H.F. _____ Section 1. NEW SECTION . 147M.1 Athletic trainer compact. 1 1. Title and purpose. This statute shall be known and 2 cited as the athletic trainer compact. The purposes of this 3 compact are to expand mobility of athletic training practice 4 and improve public access to services by providing qualified 5 licensed athletic trainers the ability to practice in other 6 member states. This compact preserves the regulatory authority 7 of states to protect public health and safety through the 8 current system of state licensure. This compact is designed to 9 achieve the following objectives: 10 a. Increase public access to athletic training and enhance 11 continuity of care by providing for the mutual recognition of 12 other licenses issued by member states. 13 b. Provide an additional streamlined opportunity for 14 interstate practice by licensed athletic trainers who meet 15 compact uniform requirements. 16 c. Promote mobility and workforce development by eliminating 17 the necessity for licenses in multiple states by providing 18 for the mutual recognition of other licenses issued by member 19 states. 20 d. Reduce administrative burdens on licensed athletic 21 trainers and member states. 22 e. Enhance the states’ ability to protect the public’s 23 health and safety. 24 f. Encourage the cooperation of member states in regulating 25 interstate practice of licensed athletic trainers. 26 g. Support relocating active military members and their 27 spouses. 28 h. Enhance the exchange of licensure, investigative, and 29 disciplinary information among member states. 30 i. Allow for the use of telehealth to facilitate increased 31 access to athletic training services. 32 j. Support the uniformity of licensed athletic trainer 33 licensure requirements throughout the states. 34 k. Affirm the authority of all member states to hold a 35 -1- LSB 5518YC (1) 91 ss/ko 1/ 32

H.F. _____ licensed athletic trainer accountable for abiding by the scope 1 of practice in the state in which the patient is located at the 2 time of care. 3 l. Require adherence to the model compact language in order 4 to promote uniformity and ensure that all member states have 5 accepted and are mutually obligated to the same terms. 6 2. Definitions. As used in this compact, unless the context 7 requires otherwise, the following definitions shall apply: 8 a. “Active military member” means any individual with 9 fulltime duty status in the active armed forces of the United 10 States, including members of the national guard and reserve. 11 b. “Adverse action” means any administrative, civil, 12 equitable or criminal action permitted by a state’s laws which 13 is imposed by a licensing authority or other authority against 14 a licensee, including actions against an individual’s license 15 or compact privilege such as revocation, suspension, probation, 16 monitoring of the licensee, limitation on the licensee’s 17 practice, or any other encumbrance on licensure affecting a 18 licensee’s authorization to practice. 19 c. “Alternative program” means a non-disciplinary monitoring 20 or practice remediation process applicable to an athletic 21 trainer approved by a state licensing authority of a member 22 state in which the athletic trainer is licensed. This 23 includes, but is not limited to, programs to which licensees 24 with substance use, addiction, or mental health conditions are 25 referred in lieu of adverse action. 26 d. “Athletic trainer compact commission” or “compact 27 commission” means the government agency whose membership 28 consists of all states that have enacted this compact, as 29 described herein and which shall operate as an instrumentality 30 of the member states to administer and implement the compact 31 according to its terms. 32 e. “Athletic training” means the prevention, examination, 33 assessment, treatment and rehabilitation of emergent, acute, 34 or chronic injuries and medical conditions as defined by 35 -2- LSB 5518YC (1) 91 ss/ko 2/ 32

H.F. _____ applicable member state laws and regulations. 1 f. “BOC” means the board of certification, inc., or any 2 successor organization thereto. 3 g. “CAATE” means the commission on accreditation of athletic 4 training education or any successor organization thereto. 5 h. “Charter member state” means any member state which 6 enacted and made effective this compact by law before the 7 compact effective date specified herein. 8 i. “Commissioner” means the individual appointed by a member 9 state to serve as the member of the commission for that member 10 state. 11 j. “Compact privilege” means the legal authorization granted 12 by a remote state, equivalent to a license, allowing a licensee 13 from another member state to provide athletic training services 14 in a remote state. 15 k. “Compact qualifying license” means a license that is not 16 an encumbered license issued by a member state to practice 17 athletic training which qualifies the licensee to exercise a 18 compact privilege pursuant to subsection 4 of this compact. 19 l. “Continuing competence” means a requirement, as a 20 condition of license renewal, to provide evidence of successful 21 participation, and completion of, educational and professional 22 activities relevant to practice or area of work. For purposes 23 of this compact, evidence of active BOC certification may 24 satisfy the meaning of continuing competence as set forth 25 herein. 26 m. “Criminal background check” means the submission of 27 fingerprints or other biometric-based information for a 28 license applicant for the purpose of obtaining that applicant’s 29 criminal history record information, as defined in 28 C.F.R. 30 §20.3(d), from the federal bureau of investigation and the 31 state’s criminal history record repository as defined in 28 32 C.F.R. §20.3(f). 33 n. “Current significant investigative information” means the 34 existence of any of the following: 35 -3- LSB 5518YC (1) 91 ss/ko 3/ 32

H.F. _____ (1) Investigative information that a licensing authority, 1 after a preliminary inquiry that includes notification and an 2 opportunity for the subject licensee to respond, if required 3 by state law, has reason to believe is not groundless and, if 4 proven true, would indicate more than a minor infraction. 5 (2) Investigative information that indicates that the 6 subject licensee represents an immediate threat to public 7 health and safety regardless of whether the subject licensee 8 has been notified and had an opportunity to respond. 9 o. “Data system” means the commission’s repository of 10 information about licensees, including but not limited to 11 examinations, licensure, investigative information, compact 12 privileges, adverse actions, and alternative programs. 13 p. “Encumbrance” or “encumbered” means a revocation or 14 suspension of, or any limitation or condition on, the full and 15 unrestricted practice of athletic training. 16 q. “Executive committee” means a group of commissioners 17 elected or appointed to act on behalf of, and within the powers 18 granted to them by, the compact and commission. 19 r. “Investigative information” means information, records, 20 and documents received or generated by a licensing authority 21 pursuant to an investigation. 22 s. “Jurisprudence requirement” means the assessment of an 23 individual’s knowledge of the laws and rules governing the 24 practice of athletic training, as applicable, in a state. 25 t. “License” means current authorization by a member state 26 to engage in the practice of athletic training. 27 u. “Licensee” or “licensed athletic trainer” means an 28 individual who currently holds an active, unrestricted license 29 and who meets all of the requirements outlined in subsection 30 4 of this compact. 31 v. “Licensing authority” means the board or agency of a 32 state, or equivalent, that is responsible for the licensing and 33 regulation of athletic trainers. 34 w. “Member state” means a state that has enacted the 35 -4- LSB 5518YC (1) 91 ss/ko 4/ 32

H.F. _____ compact. 1 x. “Model compact language” means the model language for 2 the athletic trainer compact on file with the council of state 3 governments or other entity as designated by the commission to 4 which all member states must substantively adhere and adopt. 5 y. “Remote state” means a member state other than the state 6 of qualifying licensure. 7 z. “Rule” means a regulation promulgated by an authorized 8 entity that has the force of law. 9 aa. “Scope of practice” means the procedures, actions, 10 and processes an athletic trainer licensed in a state is 11 permitted to undertake in that state and the circumstances 12 under which the licensee is permitted to undertake those 13 procedures, actions and processes. Such procedures, actions 14 and processes and the circumstances under which they may be 15 undertaken may be established through means, including, but 16 not limited to, statute, regulations, case law, and other 17 processes available to the state licensing authority or other 18 government agency. Scope of practice shall include any state 19 requirements regarding supervision or direction, if required by 20 such state and as further defined by such state’s statutes and 21 regulations. 22 ab. “Single state license” means a license issued by any 23 state that authorizes practice only within the issuing state. 24 ac. “State” means any state, commonwealth, district, or 25 territory of the United States of America. 26 ad. “State of qualifying licensure” means the member state 27 who has issued a compact qualifying license to a licensee 28 pursuant to this compact. 29 ae. “Unencumbered license” means a license that authorizes 30 a licensee to engage in the full and unrestricted practice of 31 athletic training. 32 3. State participation in the compact. 33 a. To be eligible to join this compact and to maintain 34 eligibility as a member state, a state must do all of the 35 -5- LSB 5518YC (1) 91 ss/ko 5/ 32

H.F. _____ following: 1 (1) Enact and maintain a statute that is not materially 2 different from the model compact language. 3 (2) License and regulate the practice of athletic training. 4 (3) Require that licensees in that state maintain 5 continuing competence standards as part of their state practice 6 act or rules. 7 (4) Have a mechanism in place for receiving and 8 investigating complaints about licensees. 9 (5) Grant the compact privilege to a licensee who meets all 10 the requirements outlined in subsection 4 in accordance with 11 the terms of the compact and any rules promulgated thereunder. 12 (6) Participate fully in the compact commission’s data 13 system, including using the unique identifier as defined in 14 rules. 15 (7) Notify the compact commission, in compliance with the 16 terms of the compact and rules, of any adverse action or the 17 availability of current significant investigative information 18 regarding a licensee. 19 (8) Within a time frame established by rule, implement or 20 utilize procedures for considering the criminal history records 21 of applicants for a compact qualifying license which includes 22 receiving the results of the federal bureau of investigation 23 record search and using those results in making licensure 24 decisions. These procedures shall include the submission of 25 fingerprints or other biometric-based information by applicants 26 for the purpose of obtaining an applicant’s criminal history 27 record information from the federal bureau of investigation 28 and the agency responsible for retaining that state’s criminal 29 records. 30 (a) A member state must fully implement a criminal 31 background check requirement in order to participate in the 32 issuance and acceptance of compact privileges. 33 (b) Communication between a member state and the compact 34 commission or among member states regarding the verification 35 -6- LSB 5518YC (1) 91 ss/ko 6/ 32

H.F. _____ of eligibility for licensure through the compact shall not 1 include any information received from the federal bureau of 2 investigation relating to a federal criminal records check 3 performed by a member state. 4 (9) Comply with and enforce the rules of the compact 5 commission. 6 b. Member states may set and collect a fee for issuance and 7 renewal of a compact privilege to applicants. 8 c. Individuals without a compact qualifying license shall 9 continue to be able to apply for a member state’s single state 10 license as provided under the laws of each member state. 11 d. Nothing in this compact shall affect the requirements 12 established by a member state for the issuance of a single 13 state license. 14 e. A compact qualifying license shall be recognized by each 15 remote state as authorizing that licensee to engage in the 16 practice of athletic training, under a compact privilege, in 17 another member state in accordance with the requirements in 18 subsection 4. 19 4. Compact privilege. 20 a. To be eligible for a compact privilege under the terms 21 and provisions of the compact, the licensee shall complete a 22 criminal background check performed by the licensing authority 23 in the state of qualifying licensure prior to entry in the 24 compact and shall do all of the following: 25 (1) Satisfy one of the following: 26 (a) Hold a valid current active certification through the 27 BOC, or its successor organization. 28 (b) If a licensee does not meet the requirements of 29 subsection 4, paragraph “a” , subparagraph (1), subparagraph 30 division (a), the licensee must complete all of the following: 31 (i) An education program that is any of the following: 32 (A) At least a bachelor’s degree with a major course 33 of study in athletic training, or an equivalent course of 34 study from a college or university accredited at the time of 35 -7- LSB 5518YC (1) 91 ss/ko 7/ 32

H.F. _____ graduation by CAATE, or its successor organization. 1 (B) An academic degree from a college or university in 2 a foreign country equivalent to the degree described in 3 subparagraph part (A) with a major course of study as described 4 in subparagraph part (A) that is accredited by CAATE, or its 5 successor organization. 6 (C) The substantial equivalent of the foregoing which the 7 commission may determine by rule. 8 (ii) Successful completion of the exam administered by 9 the BOC, or its successor organization, preceding the date 10 of the licensee’s application for licensure in their state 11 of qualifying licensure or the substantial equivalent of the 12 foregoing requirement which the commission may determine by 13 rule. 14 (2) Hold a compact qualifying license. 15 (3) Have not had any encumbrance against any license or 16 compact privilege to practice athletic training within the 17 previous two years. 18 (4) Be eligible for a compact privilege in any member state 19 in accordance with this subsection 4. 20 (5) Notify the compact commission that the licensee is 21 seeking the compact privilege within a remote state. 22 (6) Pay any applicable fees, including any state fee, for 23 the compact privilege. 24 (7) Meet only the continuing competence requirements 25 established by the state of qualifying licensure. 26 (8) Comply with any requirements of the state of qualifying 27 licensure as set forth in subsection 3. 28 (9) Meet any jurisprudence requirements established by 29 the remote state in which the licensee is seeking a compact 30 privilege. 31 (10) Report to the compact commission any adverse action, 32 encumbrance, or restriction on a license taken by any nonmember 33 state within thirty days from the date the action is taken. 34 b. The compact privilege is valid until the expiration 35 -8- LSB 5518YC (1) 91 ss/ko 8/ 32

H.F. _____ date of the compact qualifying license. To maintain a compact 1 privilege, renewal of the compact privilege shall be congruent 2 with the renewal of the compact qualifying license as the 3 compact commission may define by rule. The licensee must 4 comply with the requirements of this section to maintain the 5 compact privilege in the remote state. A licensee may apply 6 for and hold compact privileges in multiple member states. 7 c. A licensed athletic trainer must follow the scope of 8 practice of the member state where the patient is located. A 9 licensee engaging in the practice of athletic training in a 10 remote state under the compact privilege shall adhere to the 11 scope of practice laws and regulations of the remote state. 12 Licensees shall be responsible for educating themselves on, 13 and complying with, any and all scope of practice laws and 14 regulations and state laws relating to the remote practice of 15 athletic training, as applicable. 16 d. A licensee engaging in the practice of athletic training 17 in a remote state is subject to that state’s regulatory 18 authority. A remote state may, in accordance with due process 19 and that state’s laws, remove a licensee’s compact privilege in 20 the remote state for a specific period of time, impose fines, 21 or take any other necessary actions to protect the health and 22 safety of its citizens. Any member state which undertakes 23 such an action shall promptly notify the member state and the 24 commission as specified in the rules. The licensee may be 25 deemed to be ineligible to exercise the compact privilege by 26 any member state until the specific time for removal has passed 27 and all fines are paid. 28 e. All member state disciplinary orders that impose adverse 29 action against a compact qualifying license shall result 30 in deactivation of the licensee’s compact privilege in all 31 member states during the pendency of the order. If a compact 32 qualifying license is encumbered, the licensee shall lose 33 the compact privilege in any remote state until all of the 34 following occur: 35 -9- LSB 5518YC (1) 91 ss/ko 9/ 32

H.F. _____ (1) The compact qualifying license is no longer encumbered. 1 (2) The licensee has not had any encumbrance or restriction 2 against any license, compact qualifying license or compact 3 privilege within the previous two years. 4 f. Once an encumbered license is restored to good standing 5 as a compact qualifying license, as certified by the licensing 6 authority, the licensee must meet the requirements of this 7 subsection to obtain a compact privilege in any remote state. 8 g. If a licensee’s compact privilege in any remote state is 9 removed, that licensee may also lose the compact privilege in 10 other remote states, as each member state shall determine in 11 its sole authority, until all of the following occur: 12 (1) The specific period of time for which the compact 13 privilege was removed has ended. 14 (2) All fines have been paid. 15 (3) The licensee has not had any encumbrance or restriction 16 against any license or compact privilege within the previous 17 two years. 18 h. Once the requirements of paragraph “g” have been met, the 19 licensee must meet the requirements of paragraph “a” to obtain a 20 compact privilege in a remote state. 21 5. Compact qualifying license. 22 a. A licensee may only designate one license as the 23 licensee’s compact qualifying license at a time. The 24 procedures for such designation may be further defined by 25 compact commission rule. 26 b. Nothing in this subsection shall require that the state 27 of qualifying licensure be the state of primary residence or 28 state of primary practice for the licensee. 29 c. Nothing in this compact shall interfere with a licensee’s 30 ability to hold a single state license in multiple states. 31 d. Nothing in this compact shall affect the requirements 32 established by a member state for the issuance of a single 33 state license. 34 6. Active military members or their spouses. An active 35 -10- LSB 5518YC (1) 91 ss/ko 10/ 32

H.F. _____ military member or their spouse shall not be required to pay 1 a fee to the commission for a compact privilege. If a member 2 state chooses to charge a member state fee, it may choose to 3 charge a reduced fee or no fee to an active military member or 4 their spouse for a compact privilege. 5 7. Adverse actions. 6 a. A member state in which a licensee is issued a compact 7 qualifying license shall have the exclusive authority to impose 8 adverse action against the compact qualifying license issued by 9 that member state. 10 b. A member state may take adverse action based on current 11 significant investigative information of a remote state, 12 so long as the member state follows its own procedures for 13 imposing adverse action. 14 c. Nothing in this compact shall override a member state’s 15 decision that participation in an alternative program may be 16 used in lieu of adverse action and that such participation 17 shall remain nonpublic if required by the member state’s laws 18 or rules. 19 d. A remote state shall have the authority to do all of the 20 following: 21 (1) Take adverse actions as set forth herein against a 22 licensee’s compact privilege in that state. 23 (2) Issue subpoenas for both hearings and investigations 24 that require the attendance and testimony of witnesses as well 25 as the production of evidence. 26 (a) Subpoenas may be issued by a member state athletic 27 training licensing authority for the attendance and testimony 28 of witnesses and the production of evidence. 29 (b) A member state which issues a subpoena may request 30 service of that subpoena by another member state. The member 31 state receiving the request to serve a subpoena shall serve the 32 subpoena if it is deemed enforceable by a court of competent 33 jurisdiction according to the practice and procedure in the 34 receiving member state. 35 -11- LSB 5518YC (1) 91 ss/ko 11/ 32

H.F. _____ (c) The issuing authority shall pay any witness fees, travel 1 expenses, mileage, and other fees required by the service 2 statutes of the state where the witnesses or evidence are 3 located. 4 e. For purposes of taking adverse action, a member state 5 shall give the same priority and effect to reported conduct 6 received from another member state as it would if the conduct 7 had occurred within that state. In so doing, the investigating 8 member state shall apply its own state laws to determine 9 appropriate action. 10 f. A member state, if otherwise permitted by state law, may 11 recover from the affected licensee the costs of investigations 12 and dispositions of cases resulting from any adverse action 13 taken against that licensee. 14 g. Joint investigations. 15 (1) In addition to the authority granted to a member state 16 by its respective state law, any member state may participate 17 with other member states in joint investigations of licensees. 18 (2) Member states shall share any current significant 19 investigative information, litigation, or compliance materials 20 in furtherance of any joint or individual investigation 21 initiated under the compact. In sharing such information 22 between member state athletic trainer licensing authorities, 23 all information obtained shall be kept confidential, except as 24 otherwise mutually agreed upon by the sharing and receiving 25 member state. 26 (3) A remote state may issue subpoenas on behalf of a member 27 state for both hearings and investigations that require the 28 attendance and testimony of witnesses as well as the production 29 of evidence. 30 h. If a member state takes adverse action, it shall promptly 31 notify the administrator of the data system. The administrator 32 of the data system shall promptly notify all member states of 33 any adverse actions by remote states. 34 i. Nothing in this compact permits a member state to take 35 -12- LSB 5518YC (1) 91 ss/ko 12/ 32

H.F. _____ any adverse action against a licensee or holder of a compact 1 privilege for conduct or practice occurring in another member 2 state that was legal in the member state at the time it was 3 undertaken. 4 8. Establishment and operation of the commission. 5 a. The compact member states hereby create and establish a 6 joint government agency whose membership consists of all member 7 states that have enacted the compact known as the athletic 8 trainer licensure compact commission. The compact commission 9 is an instrumentality of the member states acting jointly 10 and not an instrumentality of any one state. The compact 11 commission shall come into existence on or after the effective 12 date of the compact as set forth in subsection 12. 13 b. Membership, voting, and meetings. 14 (1) Each member state shall have and be limited to one 15 commissioner selected by that member state’s licensing 16 authority within sixty days of the member state’s effective 17 date. 18 (2) The commissioner shall be an administrator or their 19 designated staff or current board member of the licensing 20 authority. 21 (3) The compact commission may recommend removal or 22 suspension of any commissioner from office. 23 (4) A member state’s licensing authority shall fill any 24 vacancy of its commissioner occurring on the compact commission 25 within sixty days of the vacancy. 26 (5) Each commissioner shall be entitled to one vote on all 27 matters before the compact commission requiring a vote by the 28 commissioners. 29 (6) The compact commission shall meet at least once 30 during each calendar year. Additional meetings may be held 31 as set forth in the commission bylaws. A commissioner shall 32 vote in person or by such other means as provided in the 33 bylaws. The bylaws may provide for commissioners to meet 34 by telecommunication, videoconference, or other means of 35 -13- LSB 5518YC (1) 91 ss/ko 13/ 32

H.F. _____ communication. 1 c. The compact commission shall have the following powers: 2 (1) Promulgate, adopt, and amend rules and bylaws. 3 (2) Establish code of conduct, confidentiality, and 4 conflict of interest policies for commissioners. 5 (3) Establish the fiscal year of the compact commission. 6 (4) Maintain its financial records in accordance with the 7 bylaws. 8 (5) Purchase and maintain insurance and insurance bonds. 9 (6) Accept, or contract for services of personnel, 10 including, but not limited to, employees of a member state. 11 (7) Conduct a financial review or audit. 12 (8) Hire employees, elect or appoint officers, fix 13 compensation, define duties, grant such individuals appropriate 14 authority to carry out the purposes of the compact, and 15 establish the compact commission’s personnel policies and 16 programs relating to conflicts of interest, qualifications of 17 personnel, and other related personnel matters. 18 (9) Enter into contracts or arrangements for the management 19 of the affairs of the commission. 20 (10) Assess and collect fees. 21 (11) Accept any and all appropriate gifts, donations, 22 grants of money, other sources of revenue, equipment, supplies, 23 materials, and services, and receive, utilize, and dispose of 24 the same, provided that at all times the compact commission 25 shall avoid any appearance of impropriety or conflict of 26 interest. 27 (12) Lease, purchase, retain, own, hold, improve, invest, 28 or use any property, real, personal, or mixed, or any undivided 29 interest therein. 30 (13) Sell, convey, mortgage, pledge, lease, exchange, 31 abandon, or otherwise dispose of any property real, personal, 32 or mixed. 33 (14) Establish a budget and make expenditures. 34 (15) Borrow and invest money. 35 -14- LSB 5518YC (1) 91 ss/ko 14/ 32

H.F. _____ (16) Meet and take such actions as are consistent with the 1 provisions of this compact, the compact commission’s rules, and 2 the bylaws. 3 (17) Initiate and conclude legal proceedings or actions in 4 the name of the compact commission, provided that the standing 5 of any licensing authority to sue or be sued under applicable 6 law shall not be affected. 7 (18) Maintain and certify records and information provided 8 to a member state as the authenticated business records of the 9 compact commission, and designate an agent to do so on the 10 compact commission’s behalf. 11 (19) Provide and receive information from, and cooperate 12 with, law enforcement agencies. 13 (20) Determine whether a state’s adopted language is 14 materially different from the model compact language such that 15 the state would not qualify for participation in the compact. 16 (21) Establish and elect an executive committee, including 17 a chair and a vice chair, secretary, treasurer, and such other 18 offices as the commission shall establish by rule or bylaw. 19 (22) Appoint committees, including standing committees, 20 composed of member state commissioners, state regulators, 21 state legislators or their representatives, and consumer 22 representatives, and such other interested persons as may be 23 designated in this compact and the bylaws. 24 (23) Perform such other functions as may be necessary or 25 appropriate to achieve the purposes of this compact. 26 d. The executive committee. 27 (1) The executive committee shall have the power to act 28 on behalf of the compact commission according to the terms of 29 this compact. The powers, duties, and responsibilities of the 30 executive committee shall include all of the following: 31 (a) Exercise the powers and duties of the compact commission 32 during the interim between compact commission meetings, except 33 for adopting or amending rules, adopting or amending bylaws, 34 and exercising any other powers and duties expressly reserved 35 -15- LSB 5518YC (1) 91 ss/ko 15/ 32

H.F. _____ to the compact commission by rule or bylaw. 1 (b) Oversee the day-to-day activities of the administration 2 of the compact including enforcement and compliance with the 3 provisions of the compact, its rules and bylaws, and other such 4 duties as deemed necessary. 5 (c) Recommend to the compact commission changes to the rules 6 or bylaws, changes to this compact legislation, fees charged 7 to compact member states, fees charged to licensees, and other 8 fees. 9 (d) Ensure compact administration services are 10 appropriately provided, including by contract. 11 (e) Prepare and recommend the budget. 12 (f) Maintain financial records on behalf of the compact 13 commission. 14 (g) Monitor compact compliance of member states and provide 15 compliance reports to the compact commission. 16 (h) Establish additional committees as necessary. 17 (i) Other duties as provided in the rules or bylaws of the 18 compact commission. 19 (2) The executive committee shall be composed of five voting 20 members, elected by the compact commission. 21 (a) The chair and vice chair of the compact commission, 22 shall be voting members of the executive committee. 23 (b) The compact commission shall elect up to three 24 additional voting members from the current membership of 25 the compact commission to include the offices of treasurer, 26 secretary, and one member-at-large. 27 (c) Up to four ex officio, nonvoting members from recognized 28 national athletic trainer organizations. 29 (3) The compact commission may remove any member of the 30 executive committee as provided in the compact commission’s 31 bylaws. 32 (4) The executive committee shall meet at least annually. 33 (a) Executive committee meetings shall be open to the 34 public, except that the executive committee may meet in a 35 -16- LSB 5518YC (1) 91 ss/ko 16/ 32

H.F. _____ closed, nonpublic meeting as provided in this subsection. 1 (b) The executive committee shall give advance notice of its 2 meetings, posted on its internet site and as determined by rule 3 or bylaw to provide notice to persons with an interest in the 4 business of the compact commission. 5 (c) The executive committee may hold a special meeting in 6 accordance with this subsection. 7 e. The compact commission shall adopt and provide to the 8 member states an annual report. 9 f. Meetings of the compact commission. 10 (1) All meetings shall be open to the public, except that 11 the compact commission may meet in a closed, nonpublic meeting 12 as provided in this paragraph. 13 (2) Public notice for all meetings of the full compact 14 commission of meetings shall be given in the same manner as 15 required under the rulemaking provisions in this compact, 16 except that the compact commission may hold a special meeting 17 as provided in this paragraph. 18 (3) The compact commission may hold a special meeting 19 when it must meet to conduct emergency business by giving 20 twenty-four hours’ notice to all commissioners, on the compact 21 commission’s internet site, and other means as provided in the 22 compact commission’s rules. The compact commission’s legal 23 counsel shall certify that the compact commission’s need to 24 meet qualifies as an emergency. 25 (4) The compact commission or the executive committee 26 or other committees of the compact commission may convene 27 in a closed, nonpublic meeting for the compact commission 28 or executive committee or other committees of the compact 29 commission to receive legal advice or to discuss any of the 30 following: 31 (a) Noncompliance of a member state with its obligations 32 under the compact. 33 (b) The employment, compensation, discipline or other 34 matters, practices or procedures related to specific employees. 35 -17- LSB 5518YC (1) 91 ss/ko 17/ 32

H.F. _____ (c) Current or threatened discipline of a licensee by a 1 member state’s licensing authority. 2 (d) Current, threatened, or reasonably anticipated 3 litigation. 4 (e) Negotiation of contracts for the purchase, lease, or 5 sale of goods, services, or real estate. 6 (f) Accusing any person of a crime or formally censuring any 7 person. 8 (g) Trade secrets or commercial or financial information 9 that is privileged or confidential. 10 (h) Information of a personal nature where disclosure would 11 constitute a clearly unwarranted invasion of personal privacy. 12 (i) Investigative records compiled for law enforcement 13 purposes. 14 (j) Information related to any investigative reports 15 prepared by or on behalf of or for use of the compact 16 commission or other committee charged with responsibility of 17 investigation or determination of compliance issues pursuant 18 to the compact. 19 (k) Matters specifically exempted from disclosure by 20 federal or member state law. 21 (l) Other matters as specified in rules of the compact 22 commission. 23 (5) If a meeting, or portion of a meeting, is closed, the 24 compact commission’s legal counsel or designee shall certify 25 that the meeting will be closed and reference each relevant 26 exempting provision, and such reference shall be recorded in 27 the minutes. All minutes and documents of a closed meeting 28 shall remain under seal, subject to release only by a majority 29 vote of the compact commission or order of a court of competent 30 jurisdiction. 31 g. Financing of the compact commission. 32 (1) The compact commission shall pay, or provide for the 33 payment of, the reasonable expenses of its establishment, 34 organization, and ongoing activities. 35 -18- LSB 5518YC (1) 91 ss/ko 18/ 32

H.F. _____ (2) The compact commission may accept any and all 1 appropriate revenue sources as provided in this section. 2 (3) The compact commission may levy on and collect an 3 annual assessment from each member state and impose fees 4 on licensees of member states to whom it grants a compact 5 privilege to cover the cost of the operations and activities 6 of the compact commission and its staff, which must be in a 7 total amount sufficient to cover its annual budget as approved 8 each year for which revenue is not provided by other sources. 9 The aggregate annual assessment amount for member states shall 10 be allocated based upon a formula that the compact commission 11 shall promulgate by rule. 12 (4) The compact commission shall not incur obligations of 13 any kind prior to securing the funds or a loan adequate to meet 14 the same; nor shall the compact commission pledge the credit of 15 any of the member states, except by and with the authority of 16 the member state. 17 (5) The compact commission shall keep accurate accounts of 18 all receipts and disbursements. The receipts and disbursements 19 of the compact commission shall be subject to the financial 20 review or audit and accounting procedures established under 21 its bylaws. However, all receipts and disbursements of funds 22 handled by the compact commission shall be subject to an annual 23 financial review or audit by a certified or licensed public 24 accountant, and the report of the financial review or audit 25 shall be included in and become part of the annual report of 26 the compact commission. 27 h. Qualified immunity, defense, and indemnification. 28 (1) The members, officers, executive director, employees 29 and representatives of the compact commission shall be immune 30 from suit and liability, both personally and in their official 31 capacity, for any claim for damage to or loss of property or 32 personal injury or other civil liability caused by or arising 33 out of any actual or alleged act, error, or omission that 34 occurred, or that the person against whom the claim is made 35 -19- LSB 5518YC (1) 91 ss/ko 19/ 32

H.F. _____ had a reasonable basis for believing occurred within the scope 1 of compact commission employment, duties or responsibilities; 2 provided that nothing in this subparagraph shall be construed 3 to protect any such person from suit or liability for any 4 damage, loss, injury, or liability caused by the intentional or 5 willful or wanton misconduct of that person. The procurement 6 of insurance of any type by the compact commission shall not in 7 any way compromise or limit the immunity granted hereunder. 8 (2) The compact commission shall defend any member, 9 officer, executive director, employee, and representative of 10 the compact commission in any civil action seeking to impose 11 liability arising out of any actual or alleged act, error, or 12 omission that occurred within the scope of compact commission 13 employment, duties, or responsibilities, or as determined 14 by the compact commission that the person against whom the 15 claim is made had a reasonable basis for believing occurred 16 within the scope of compact commission employment, duties, 17 or responsibilities; provided that nothing herein shall be 18 construed to prohibit that person from retaining their own 19 counsel at their own expense; and provided further, that the 20 actual or alleged act, error, or omission did not result from 21 that person’s intentional or willful or wanton misconduct. 22 (3) The compact commission shall indemnify and hold 23 harmless any member, officer, executive director, employee, and 24 representative of the compact commission for the amount of any 25 settlement or judgment obtained against that person arising out 26 of any actual or alleged act, error, or omission that occurred 27 within the scope of compact commission employment, duties, or 28 responsibilities, or that such person had a reasonable basis 29 for believing occurred within the scope of compact commission 30 employment, duties, or responsibilities, provided that the 31 actual or alleged act, error, or omission did not result from 32 the intentional or willful or wanton misconduct of that person. 33 (4) Nothing herein shall be construed as a limitation on 34 the liability of any licensee for professional malpractice 35 -20- LSB 5518YC (1) 91 ss/ko 20/ 32