HB 2107 — An Act authorizing the Commonwealth of Pennsylvania to join the Interstate Compact for School Psychologists; providing for form of compact; and imposing additional powers and duties on the Governor, the Secretary of the Commonwealth and the Compact.

PRINTER'S NO.   2726

                    THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        HOUSE BILL
                        No. 2107
                                               Session of
                                                 2025

     INTRODUCED BY GUZMAN, HILL-EVANS, MAYES, BURGOS, DONAHUE,
        SANCHEZ, CEPEDA-FREYTIZ, RIVERA, STEELE, NEILSON AND HADDOCK,
        DECEMBER 17, 2025

     REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
        DECEMBER 18, 2025


                                    AN ACT
 1   Authorizing the Commonwealth of Pennsylvania to join the
 2      Interstate Compact for School Psychologists; providing for
 3      form of compact; and imposing additional powers and duties on
 4      the Governor, the Secretary of the Commonwealth and the
 5      Compact.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8   Section 1.    Short title.
 9      This act shall be known and may be cited as the Interstate
10   Compact for School Psychologists Act.
11   Section 2.    Authority to execute compact.
12      The Governor of Pennsylvania, on behalf of this State, is
13   hereby authorized to execute a compact in substantially the
14   following form with any one or more of the states of the United
15   States and the General Assembly hereby signifies in advance its
16   approval and ratification of such compact:
17                INTERSTATE COMPACT FOR SCHOOL PSYCHOLOGISTS
18   SECTION 1. PURPOSE
 1      The purpose of this Compact is to facilitate the interstate
 2   practice of School Psychology in educational or school settings,
 3   and in so doing to improve the availability of School
 4   Psychological Services to the public. This Compact is intended
 5   to establish a pathway to allow School Psychologists to obtain
 6   equivalent licenses to provide School Psychological Services in
 7   any Member State. In this way, this Compact shall enable the
 8   Member States to ensure that safe and effective School
 9   Psychological Services are available and delivered by
10   appropriately qualified professionals in their educational
11   settings. To facilitate the objectives described above, this
12   Compact:
13      A. Enables School Psychologists who qualify for receipt of an
14   Equivalent License to practice in other Member States without
15   first satisfying burdensome and duplicative requirements;
16      B. Promotes the mobility of School Psychologists between and
17   among the Member States in order to address workforce shortages
18   and to ensure that safe and reliable School Psychological
19   Services are available in each Member State;
20      C. Enhances the public accessibility of School Psychological
21   Services by increasing the availability of qualified, licensed
22   School Psychologists through the establishment of an efficient
23   and streamlined pathway for Licensees to practice in other
24   Member States;
25      D. Preserves and respects the authority of each Member State
26   to protect the health and safety of its residents by ensuring
27   that only qualified, licensed professionals are authorized to
28   provide School Psychological Services within that State;
29      E. Requires School Psychologists practicing within a Member
30   State to comply with the Scope of Practice laws present in the

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 1   State where the School Psychological Services are being
 2   provided;
 3      F. Promotes cooperation between the Member States in
 4   regulating the practice of School Psychology within those
 5   States; and
 6      G. Facilitates the relocation of military members and their
 7   spouses who are licensed to provide School Psychological
 8   Services.
 9   SECTION 2. DEFINITIONS
10      A. "Active Military Member" means any person with full-time
11   duty status in the armed forces of the United States, including
12   members of the National Guard and Reserve.
13      B. "Adverse Action" means disciplinary action or encumbrance
14   imposed on a License by a State Licensing Authority.
15      C. "Alternative Program" means a non-disciplinary,
16   prosecutorial diversion, monitoring, or practice remediation
17   process entered into in lieu of an Adverse Action which is
18   applicable to a School Psychologist and approved by the State
19   Licensing Authority of a Member State in which the participating
20   School Psychologist is licensed. This includes, but is not
21   limited to, programs to which Licensees with substance abuse or
22   addiction issues may be referred in lieu of an Adverse Action.
23      D. "Commissioner" means the individual appointed by a Member
24   State to serve as the representative to the Commission for that
25   Member State.
26      E. "Compact" means this School Psychologist Interstate
27   Licensure Compact.
28      F. "Continuing Professional Education" means a requirement,
29   imposed by a Member State as a condition of License renewal to
30   provide evidence of successful participation in professional

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 1   educational activities relevant to the provision of School
 2   Psychological Services.
 3      G. "Criminal Background Check" means the submission of
 4   fingerprints or other biometric- information for a License
 5   applicant for the purpose of obtaining that applicant's criminal
 6   history record information, as defined in 28 C.F.R. § 20.3(d),
 7   and the State's criminal history record repository as defined in
 8   28 C.F.R. § 20.3(f).
 9      H. "Doctoral Level Degree" means a graduate degree program
10   that consists of at least 90 graduate semester hours in the
11   field of School Psychology including a supervised internship.
12      I. "Encumbered License" means a License that a State
13   Licensing Authority has limited in any way other than through an
14   Alternative Program, including temporary or provisional
15   licenses.
16      J. "Executive Committee" means the Commission's Chair, Vice
17   Chair, Secretary and Treasurer and any other Commissioners as
18   may be determined by Commission Rule or bylaw.
19      K. "Equivalent License" means a license to practice School
20   Psychology which a Member State has identified as a license
21   which may be provided to School Psychologists from other Member
22   States pursuant to this Compact.
23      L. "Home State" means the Member State that issued the Home
24   State License to the Licensee and is the Licensee's primary
25   state of practice.
26      M. "Home State License" means the License that is not an
27   Encumbered License issued by the Home State to provide School
28   Psychological Services.
29      N. "License" means a current license, certification, or other
30   authorization granted by a Member State's Licensing Authority

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 1   that permits an individual to provide School Psychological
 2   Services.
 3      O. "Licensee" means an individual who holds a License from a
 4   Member State to provide School Psychological Services.
 5      P. "Member State" means a State that has enacted the Compact
 6   and been admitted to the Commission in accordance with the
 7   provisions herein and Commission Rules.
 8      Q. "Model Compact" means the model language for the School
 9   Psychologist Interstate Licensure Compact on file with the
10   Council of State Governments or other entity as designated by
11   the Commission.
12      R. "Practice of School Psychology" means the delivery School
13   Psychological Services.
14      S. "Qualifying National Exam" means a national licensing
15   examination endorsed by the National Association of School
16   Psychologists and any other exam as approved by the Rules of the
17   Commission.
18      T. "Qualifying School Psychologist Education Program" means
19   an education program which awards a Specialist-Level or
20   Doctoral-Level degree or equivalent upon completion and is
21   approved by the Rules of the Commission as meeting the necessary
22   minimum educational standards to ensure that its graduates are
23   ready, qualified, and able to engage in the Practice of School
24   Psychology.
25      U. "Remote State" means a Member State other than the Home
26   State where a Licensee holds a License through the Compact
27      V. "Rule" means a regulation promulgated by an entity,
28   including but not limited to the
29      Commission and the State Licensing Authority of each Member
30   State, that has the force of law.

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 1      W. "School Psychological Services" means academic, mental and
 2   behavioral health services including assessment, prevention,
 3   consultation and collaboration, intervention, and evaluation
 4   provided by a School Psychologist in a school, as outlined in
 5   applicable professional standards as determined by Commission
 6   Rule.
 7      X. "School Psychologist" means an individual who has met the
 8   requirements to obtain a Home State License that legally conveys
 9   the professional title of School Psychologist, or its equivalent
10   as determined by the Rules of the Commission.
11      Y. "School Psychologist Interstate Licensure Compact
12   Commission" or "Commission" means the joint government agency
13   established by this Compact whose membership consists of
14   representatives from each Member State that has enacted the
15   Compact, and as further described in Section 7.
16      Z. "Scope of Practice" means the procedures, actions, and
17   processes a School Psychologist licensed in a State is permitted
18   to undertake in that State and the circumstances under which
19   that Licensee is permitted to undertake those procedures,
20   actions, and processes. Such procedures, actions, and processes,
21   and the circumstances under which they may be undertaken, may be
22   established through means including, but not limited to,
23   statute, regulations, case law, and other processes available to
24   the State Licensing Authority or other government agency.
25      AA. "Specialist-Level Degree" means a degree program that
26   requires at least 60 graduate semester hours or equivalent in
27   the field of School Psychology including a supervised
28   internship.
29      BB. "State" means any state, commonwealth, district, or
30   territory of the United States of America.

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 1      CC. "State Licensing Authority" means a Member State's
 2   regulatory body responsible for issuing Licenses or otherwise
 3   overseeing the Practice of School Psychology.
 4      DD. "State Specific Requirement" means a requirement for
 5   licensure covered in coursework or examination that includes
 6   content of unique interest to the State.
 7      EE. "Unencumbered License" means a License that authorizes a
 8   Licensee to engage in the full and unrestricted Practice of
 9   School Psychology.
10   SECTION 3. STATE PARTICIPATION IN THE COMPACT
11      A. To be eligible to join this Compact, and to maintain
12   eligibility as a Member State, a State must:
13      1. Enact a compact statute that is not materially different
14   from the Model Compact as defined in the Commission's Rules;
15      2. Participate in the sharing of information with other
16   Member States as reasonably necessary to accomplish the
17   objectives of this Compact, and as further defined in Section 8;
18      3. Identify and maintain with the Commission a list of
19   Equivalent Licenses available to Licensees who hold a Home State
20   License under this Compact;
21      4. Have a mechanism in place for receiving and investigating
22   complaints about Licensees;
23      5. Notify the Commission, in compliance with the terms of the
24   Compact and the Commission's Rules, of any Adverse Action taken
25   against a Licensee, or of the availability of investigative
26   information which relates to a Licensee or applicant for
27   licensure;
28      6. Require that applicants for a Home State License have;
29      a. Taken and passed a Qualifying National Exam as defined by
30   the Rules of the Commission;

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 1      b. Completed a minimum of 1200 hours of supervised
 2   internship, of which at least 600 must have been completed in a
 3   School, prior to being approved for licensure;
 4      c. Graduated from a Qualifying School Psychologist Education
 5   Program;
 6      7. Comply with the terms of this Compact and the Rules of the
 7   Commission.
 8      B. Each Member State shall grant an Equivalent License to
 9   practice School Psychology in that state upon application by a
10   Licensee who satisfies the criteria of Section 4.A. Each Member
11   State shall grant renewal of the Equivalent License to a
12   Licensee who satisfies the criteria of Section 4.B.
13      C. Member States may set and collect a fee for granting an
14   Equivalent License.
15   SECTION 4. SCHOOL PSYCHOLOGIST PARTICIPATION IN THE COMPACT
16      A. To obtain and maintain an Equivalent License from a Remote
17   State under this Compact, a Licensee must:
18      1. Hold and maintain an active Home State License;
19      2. Satisfy any applicable State Specific Requirements
20   established by the Member State after an Equivalent License is
21   granted;
22      3. Complete any administrative or application requirements
23   which the Commission may establish by Rule, and pay any
24   associated fees; and
25      4. Complete any requirements for renewal in the Home State,
26   including applicable Continuing Professional Education
27   requirements.
28      5. Upon their application to receive a license under this
29   Compact, undergo a criminal background check in the Member State
30   in which the Equivalent License is sought in accordance with the

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 1   laws and regulations of such Member State.
 2      B. To renew an Equivalent License in a Member State other
 3   than the Home State, a Licensee must only apply for renewal,
 4   complete a background check, and pay renewal fees as determined
 5   by the Licensing Authority.
 6   SECTION 5. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
 7      A Licensee who is an Active Military Member or is the spouse
 8   of an Active Military Member shall be deemed to hold a Home
 9   State License in any of the following locations:
10      A. The Licensee's permanent residence;
11      B. A Member State that is the Licensee's primary State of
12   Practice
13      C. A Member State where the Licensee has relocated pursuant
14   to a Permanent Change of Station (PCS).
15   SECTION 6. DISCIPLINE/ADVERSE ACTIONS
16      A. Nothing in this Compact shall be deemed or construed to
17   limit the authority of a Member State to investigate or impose
18   disciplinary measures on Licensees according to the State
19   Practice Laws thereof.
20      B. Member States shall be authorized to receive, and shall
21   provide, files and information regarding the investigation and
22   discipline, if any, of Licensees in other Member States upon
23   request. Any Member State receiving such information or files
24   shall protect and maintain the security and confidentiality
25   thereof, in at least the same manner that it maintains its own
26   investigatory or disciplinary files and information. Prior to
27   disclosing any disciplinary or investigatory information
28   received from another Member State, the disclosing state shall
29   communicate its intention and purpose for such disclosure to the
30   Member State which originally provided that information.

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 1   SECTION 7. ESTABLISHMENT OF THE SCHOOL PSYCHOLOGIST INTERSTATE
 2                LICENSURE COMPACT COMMISSION
 3      A. The Member States hereby create and establish a joint
 4   government agency whose membership consists of all Member States
 5   that have enacted the Compact, and this agency shall be known as
 6   the School Psychologist Interstate Licensure Compact Commission.
 7   The Commission is an instrumentality of the Member States acting
 8   jointly and not an instrumentality of any one state. The
 9   Commission shall come into existence on or after the   effective
10   date of the Compact as set forth in Section 11.
11      B. Membership, Voting, and Meetings
12      1. Each Member State shall have and be limited to one (1)
13   delegate selected by that Member State's State Licensing
14   Authority.
15      2. The delegate shall be the primary administrative officer
16   of the Member State Licensing
17      Authority or their designee who is an employee of the Member
18   State Licensing Authority.
19      3. The Commission shall by Rule or bylaw establish a term of
20   office for delegates and may by Rule or bylaw establish term
21   limits.
22      4. The Commission may recommend removal or suspension of any
23   delegate from office.
24      5. A Member State's Licensing Authority shall fill any
25   vacancy of its delegate occurring on the Commission within 60
26   days of the vacancy.
27      6. Each delegate shall be entitled to one vote on all matters
28   before the Commission requiring a vote by Commission delegates.
29      7. A delegate shall vote in person or by such other means as
30   provided in the bylaws. The bylaws may provide for delegates to

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 1   meet by telecommunication, videoconference, or other means of
 2   communication.
 3      8. The Commission shall meet at least once during each
 4   calendar year. Additional meetings may be held as set forth in
 5   the bylaws. The Commission may meet by telecommunication, video
 6   conference or other similar electronic means.
 7      C. The Commission shall have the following powers:
 8      1. Establish the fiscal year of the Commission;
 9      2. Establish code of conduct and conflict of interest
10   policies;
11      3. Establish and amend Rules and bylaws;
12      4. Establish the procedure through which a Licensee may
13   change their Home State;
14      5. Maintain its financial records in accordance with the
15   bylaws;
16      6. Meet and take such actions as are consistent with the
17   provisions of this Compact, the Commission's Rules, and the
18   bylaws;
19      7. Initiate and conclude legal proceedings or actions in the
20   name of the Commission, provided that the standing of any Member
21   State Licensing Authority to sue or be sued under applicable law
22   shall not be affected;
23      8. Maintain and certify records and information provided to a
24   Member State as the authenticated business records of the
25   Commission, and designate an agent to do so on the Commission's
26   behalf;
27      9. Purchase and maintain insurance and bonds;
28      10. Borrow, accept, or contract for services of personnel,
29   including, but not limited to, employees of a Member State;
30      11. Conduct an annual financial review;

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 1      12. Hire employees, elect or appoint officers, fix
 2   compensation, define duties, grant such individuals appropriate
 3   authority to carry out the purposes of the Compact, and
 4   establish the Commission's personnel policies and programs
 5   relating to conflicts of interest, qualifications of personnel,
 6   and other related personnel matters;
 7      13. Assess and collect fees;
 8      14. Accept any and all appropriate gifts, donations, grants
 9   of money, other sources of revenue, equipment,supplies,
10   materials, and services, and receive, utilize, and dispose of
11      the same; provided that at all times the Commission shall
12   avoid any appearance of impropriety and/or conflict of interest;
13      15. Lease, purchase, retain, own, hold, improve, or use any
14   property, real, personal, or mixed, or any undivided interest
15   therein;
16      16. Sell, convey, mortgage, pledge, lease, exchange, abandon,
17   or otherwise dispose of any property real, personal, or mixed;
18      17. Establish a budget and make expenditures;
19      18. Borrow money;
20      19. Appoint committees, including standing committees,
21   composed of members, State regulators, State legislators or
22   their representatives, and consumer representatives, and such
23   other interested persons as may be designated in this Compact
24   and the bylaws;
25      20. Provide and receive information from, and cooperate with,
26   law enforcement agencies;
27      21. Establish and elect an Executive Committee, including a
28   chair and a vice chair;
29      22. Determine whether a State's adopted language is
30   materially different from the model compact language such that

20250HB2107PN2726                 - 12 -
 1   the State would not qualify for participation in the Compact;
 2   and
 3         23. Perform such other functions as may be necessary or
 4   appropriate to achieve the purposes of this Compact.
 5         D. The Executive Committee
 6         1. The Executive Committee shall have the power to act on
 7   behalf of the Commission according to the terms of this Compact.
 8   The powers, duties, and responsibilities of the Executive
 9   Committee shall include:
10         a. Oversee the day-to-day activities of the administration of
11   the compact including enforcement and compliance with the
12   provisions of the compact, its Rules and bylaws, and other such
13   duties as deemed necessary;
14         b. Recommend to the Commission changes to the Rules or
15   bylaws, changes to this Compact legislation, fees charged to
16   Member States, fees charged to Licensees, and other fees;
17         c. Ensure Compact administration services are appropriately
18   provided, including by contract;
19         d. Prepare and recommend the budget;
20         e. Maintain financial records on behalf of the Commission;
21         f. Monitor Compact compliance of Member States and provide
22   compliance reports to the Commission;
23         g. Establish additional committees as necessary;
24         h. Exercise the powers and duties of the Commission during
25   the interim between Commission meetings, except for adopting or
26   amending Rules, adopting or amending bylaws, and exercising any
27   other powers and duties expressly reserved to the Commission by
28   Rule or bylaw; and
29         i. Other duties as provided in the Rules or bylaws of the
30   Commission.

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 1      2. The Executive Committee shall be composed of up to 7
 2   members:
 3      a. The chair and vice chair of the Commission shall be voting
 4   members of the Executive Committee; and
 5      b. The Commission shall elect 5 voting members from the
 6   current membership of the Commission.
 7      3. The Commission may remove any member of the Executive
 8   Committee as provided in the Commission's bylaws.
 9      4. The Executive Committee shall meet at least annually.
10      a. Executive Committee meetings shall be open to the public,
11   except that the Executive Committee may meet in a closed, non-
12   public meeting as provided in subsection F.2 below.
13      b. The Executive Committee shall give 30 days' notice of its
14   meetings, posted on its website and as determined to provide
15   notice to persons with an interest in the business of the
16   Commission.
17      c. The Executive Committee may hold a special meeting in
18   accordance with subsection F.1.b. below.
19      E. The Commission shall adopt and provide to the Member
20   States an annual report.
21      F. Meetings of the Commission
22      1. All meetings shall be open to the public, except that the
23   Commission may meet in a closed, non-public meeting as provided
24   in subsection F.2 below.
25      a. Public notice for all meetings of the full Commission of
26   meetings shall be given in the same manner as required under the
27   Rulemaking provisions in Section 9, except that the Commission
28   may hold a special meeting as provided in subsection F.1.b
29   below.
30      b. The Commission may hold a special meeting when it must

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 1   meet to conduct emergency business by giving 48 hours' notice to
 2   all commissioners, on the Commission's website, and other means
 3   as provided in the Commission's rules. The
 4      Commission's legal counsel shall certify that the
 5   Commission's need to meet qualifies as an emergency.
 6      2. The Commission or the Executive Committee or other
 7   committees of the Commission may convene in a closed, non-public
 8   meeting for the Commission or Executive Committee or other
 9   committees of the Commission to receive legal advice or to
10   discuss:
11      a. Non-compliance of a Member State with its obligations
12   under the Compact;
13      b. The employment, compensation, discipline or other matters,
14   practices or procedures related to specific employees;
15      c. Current or threatened discipline of a Licensee by the
16   Commission or by a Member
17      State's Licensing Authority;
18      d. Current, threatened, or reasonably anticipated litigation;
19      e. Negotiation of contracts for the purchase, lease, or sale
20   of goods, services, or real estate;
21      f. Accusing any person of a crime or formally censuring any
22   person;
23      g. Trade secrets or commercial or financial information that
24   is privileged or confidential;
25      h. Information of a personal nature where disclosure would
26   constitute a clearly unwarranted invasion of personal privacy;
27      i. Investigative records compiled for law enforcement
28   purposes;
29      j. Information related to any investigative reports prepared
30   by or on behalf of or for use of the Commission or other

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 1   committee charged with responsibility of investigation or
 2   determination of compliance issues pursuant to the Compact;
 3      k. Matters specifically exempted from disclosure by federal
 4   or Member State law; or
 5      l. Other matters as promulgated by the Commission by Rule.
 6      3. If a meeting, or portion of a meeting, is closed, the
 7   presiding officer shall state that the meeting will be closed
 8   and reference each relevant exempting provision, and such
 9   reference shall be recorded in the minutes.
10      4. The Commission shall keep minutes that fully and clearly
11   describe all matters discussed in a meeting and shall provide a
12   full and accurate summary of actions taken, and the reasons
13   therefore, including a description of the views expressed. All
14   documents considered in connection with an action shall be
15   identified in such minutes. All minutes and documents of a
16   closed meeting shall remain under seal, subject to release only
17   by a majority vote of the Commission or order of a court of
18   competent jurisdiction.
19      G. Financing of the Commission
20      1. The Commission shall pay, or provide for the payment of,
21   the reasonable expenses of its establishment, organization, and
22   ongoing activities.
23      2. The Commission may accept any and all appropriate revenue
24   sources as provided in Section 7.C.14.
25      3. The Commission may levy on and collect an annual
26   assessment from each Member State and impose fees on Licensees
27   practicing in the Member States under an Equivalent License to
28   cover the cost of the operations and activities of the
29   Commission and its staff, which must be in a total amount
30   sufficient to cover its annual budget as approved each year for

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 1   which revenue is not provided by other sources. The aggregate
 2   annual assessment amount for Member States shall be allocated
 3   based upon a formula that the Commission shall promulgate by
 4   Rule.
 5      4. The Commission shall not incur obligations of any kind
 6   prior to securing the funds adequate to meet the same; nor shall
 7   the Commission pledge the credit of any of the Member States,
 8   except by and with the authority of the Member State.
 9      5. The Commission shall keep accurate accounts of all
10   receipts and disbursements. The receipts and disbursements of
11   the Commission shall be subject to the financial review and
12   accounting procedures established under its bylaws. However, all
13   receipts and disbursements of funds handled by the Commission
14   shall be subject to an annual financial review by a certified or
15   licensed public accountant, and the report of the financial
16   review shall be included in and become part of the annual report
17   of the Commission.
18      H. Qualified Immunity, Defense, and Indemnification
19      1. The members, officers, executive director, employees and
20   representatives of the Commission shall be immune from suit and
21   liability, both personally and in their official capacity, for
22   any claim for damage to or loss of property or personal injury
23   or other civil liability caused by or arising out of any actual
24   or alleged act, error, or omission that occurred, or that the
25   person against whom the claim is made had a reasonable basis for
26   believing occurred within the scope of Commission employment,
27   duties or responsibilities; provided that nothing in this
28   paragraph shall be construed to protect any such person from
29   suit or liability for any damage, loss, injury, or liability
30   caused by the intentional or willful or wanton misconduct of

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 1   that person. The procurement of insurance of any type by the
 2   Commission shall not in any way compromise or limit the immunity
 3   granted hereunder.
 4      2. The Commission shall defend any member, officer, executive
 5   director, employee, and representative of the Commission in any
 6   civil action seeking to impose liability arising out of any
 7   actual or alleged act, error, or omission that occurred within
 8   the scope of Commission employment, duties, or responsibilities,
 9   or as determined by the commission that the person against whom
10   the claim is made had a reasonable basis for believing occurred
11   within the scope of Commission employment, duties, or
12   responsibilities; provided that nothing herein shall be
13   construed to prohibit that person from retaining their own
14   counsel at their own expense; and provided further, that the
15   actual or alleged act, error, or omission did not result from
16   that person's intentional or willful or wanton misconduct.
17      3. The Commission shall indemnify and hold harmless any
18   member, officer, executive director, employee, and
19   representative of the Commission for the amount of any
20   settlement or judgment obtained against that person arising out
21   of any actual or alleged act, error, or omission that occurred
22   within the scope of Commission employment, duties, or
23   responsibilities, or that such person had a reasonable basis for
24   believing occurred within the scope of Commission employment,
25   duties, or responsibilities, provided that the actual or alleged
26   act, error, or omission did not result from the intentional or
27   willful or wanton misconduct of that person.
28      4. Nothing herein shall be construed as a limitation on the
29   liability of any licensee for professional malpractice or
30   misconduct, which shall be governed solely by any other

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 1   applicable state laws.
 2      5. Nothing in this Compact shall be interpreted to waive or
 3   otherwise abrogate a Member State's state action immunity or
 4   state action affirmative defense with respect to antitrust
 5   claims under the Sherman Act, Clayton Act, or any other state or
 6   federal antitrust or anticompetitive law or regulation.
 7      6. Nothing in this Compact shall be construed to be a waiver
 8   of sovereign immunity by the Member States or by the Commission.
 9   SECTION 8. FACILITATING INFORMATION EXCHANGE
10      A. The Commission shall provide for facilitating the exchange
11   of information to administer and implement the provisions of
12   this compact in accordance with the Rules of the Commission,
13   consistent with generally accepted data protection principles.
14      B. Notwithstanding any other provision of State law to the
15   contrary, a Member State shall agree to provide for the
16   facilitation of the following Licensee information as required
17   by the Rules of the Commission, including:
18      1. Identifying information;
19      2. Licensure data;
20      3. Adverse Actions against a License and information related
21   thereto;
22      4. Non-confidential information related to Alternative
23   Program participation, the beginning and ending dates of such
24   participation, and other information related to such
25   participation not made confidential under Member State law;
26      5. Any denial of application for licensure, and the reason(s)
27   for such denial;
28      6. The presence of investigative information; and
29      7. Other information that may facilitate the administration
30   of this Compact or the protection of the public, as determined

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 1   by the Rules of the Commission.
 2      C. Nothing in this compact shall be deemed or construed to
 3   alter, limit, or inhibit the power of a Member State to control
 4   and maintain ownership of its Licensee information or alter,
 5   limit, or inhibit the laws or regulations governing Licensee
 6   information in the Member State.
 7   SECTION 9. RULEMAKING
 8      A. The Commission shall exercise its Rulemaking powers
 9   pursuant to the criteria set forth in this interstate compact
10   and the Rules adopted thereunder. Rules and amendments shall
11   become binding as of the date specified in each Rule or
12   amendment.
13      B. The Commission shall promulgate reasonable Rules to
14   achieve the intent and purpose of this interstate compact. In
15   the event the Commission exercises its Rulemaking authority in a
16   manner that is beyond purpose and intent of this interstate
17   compact, or the powers granted hereunder, then such an action by
18   the Commission shall be invalid and have no force and effect of
19   law in the Member States.
20      C. If a majority of the legislatures of the Member States
21   rejects a Rule, by enactment of a statute or resolution in the
22   same manner used to adopt the compact within four (4) years of
23   the date of adoption of the Rule, then such Rule shall have no
24   further force and effect in any Member State.
25      D. Rules or amendments to the Rules shall be adopted or
26   ratified at a regular or special meeting of the Commission in
27   accordance with Commission Rules and Bylaws.
28      E. Prior to promulgation and adoption of a final Rule or
29   Rules by the Commission, and at least thirty (30) days in
30   advance of the meeting at which the Rule will be considered and

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 1   voted upon, the Commission shall file a notice of proposed
 2   rulemaking:
 3      1. On the website of the Commission or other publicly
 4   accessible platform; and
 5      2. On the website of each Member State Licensing Authority or
 6   other publicly accessible platform or the publication in which
 7   each State would otherwise publish proposed Rules.
 8      F. Upon determination that an emergency exists, the
 9   Commission may consider and adopt an emergency Rule with 48
10   hours' notice, with opportunity to comment, provided that the
11   usual Rulemaking procedures shall be retroactively applied to
12   the Rule as soon as reasonably possible, in no event later than
13   ninety (90) days after the effective date of the Rule. For the
14   purposes of this provision, an emergency Rule is one that must
15   be adopted immediately in order to:
16      1. Meet an imminent threat to public health, safety, or
17   welfare.
18      2. Prevent a loss of Commission or Member State funds.
19      3. Meet a deadline for the promulgation of an administrative
20   Rule that is established by federal law or Rule; or
21      4. Protect public health and safety.
22   SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
23      A. Oversight
24      1. The executive and judicial branches of the State
25   government in each Member State shall enforce this Compact and
26   take all actions necessary and appropriate to implement the
27   Compact.
28      2. Venue is proper and judicial proceedings by or against the
29   Commission shall be brought solely and exclusively in a court of
30   competent jurisdiction where the principal office of the

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 1   Commission is located. The Commission may waive venue and
 2   jurisdictional defenses to the extent it adopts or consents to
 3   participate in alternative dispute resolution proceedings.
 4   Nothing herein shall affect or limit the selection or propriety
 5   of venue in any action against a licensee for professional
 6   malpractice, misconduct or any such similar matter.
 7      3. The Commission shall be entitled to receive service of
 8   process in any proceeding regarding the enforcement or
 9   interpretation of the Compact and shall have standing to
10   intervene in such a proceeding for all purposes. Failure to
11   provide the Commission service of process shall render a
12   judgment or order void as to the Commission, this Compact, or
13   promulgated Rules.
14      B. Default, Technical Assistance and Termination
15      1. If the Commission determines that a Member State has
16   defaulted in the performance of its obligations or
17   responsibilities under this Compact or the promulgated Rules,
18   the Commission shall provide written notice to the defaulting
19   State. The notice of default shall describe the default, the
20   proposed means of curing the default, and any other action that
21   the Commission may take, and shall offer training and specific
22   technical assistance regarding the default.
23      2. The Commission shall provide a copy of the notice of
24   default to the other Member States.
25      C. If a State in default fails to cure the default, the
26   defaulting State may be terminated from the Compact upon an
27   affirmative vote of a supermajority of the delegates of the
28   Member States, and all rights, privileges and benefits conferred
29   on that state by this Compact may be terminated on the effective
30   date of termination. A cure of the default does not relieve the

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 1   offending State of obligations or liabilities incurred during
 2   the period of default.
 3      D. Termination of membership in the Compact shall be imposed
 4   only after all other means of securing compliance have been
 5   exhausted. Notice of intent to suspend or terminate shall be
 6   given by the Commission to the governor, the majority and
 7   minority leaders of the defaulting State's legislature, the
 8   defaulting State's Licensing Authority and each of the Member
 9   States' Licensing Authorities.
10      E. A State that has been terminated is responsible for all
11   assessments, obligations, and liabilities incurred through the
12   effective date of termination, including obligations that extend
13   beyond the effective date of termination.
14      F. Upon the termination of a State's membership from this
15   Compact, that State shall immediately provide notice to all
16   Licensees within that State of such termination. The terminated
17   State shall continue to recognize all Licenses granted pursuant
18   to this Compact for a minimum of six (6) months after the date
19   of said notice of termination.
20      G. The Commission shall not bear any costs related to a State
21   that is found to be in default or that has been terminated from
22   the Compact, unless agreed upon in writing between the
23   Commission and the defaulting State.
24      H. The defaulting State may appeal the action of the
25   Commission by petitioning the U.S. District Court for the
26   District of Columbia or the federal district where the
27   Commission has its principal offices. The prevailing party shall
28   be awarded all costs of such litigation, including reasonable
29   attorney's fees.
30      I. Dispute Resolution

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 1      1. Upon request by a Member State, the Commission shall
 2   attempt to resolve disputes related to the Compact that arise
 3   among Member States and between Member and nonMember States.
 4      2. The Commission shall promulgate a Rule providing for both
 5   mediation and binding dispute resolution for disputes as
 6   appropriate.
 7      J. Enforcement
 8      1. By majority vote as provided by Rule, the Commission may
 9   initiate legal action against a Member State in default in the
10   United States District Court for the District of Columbia or the
11   federal district where the Commission has its principal offices
12   to enforce compliance with the provisions of the Compact and its
13   promulgated Rules. The relief sought may include both injunctive
14   relief and damages. In the event judicial enforcement is
15   necessary, the prevailing party shall be awarded all costs of
16   such litigation, including reasonable attorney's fees. The
17   remedies herein shall not be the exclusive remedies of the
18   Commission. The Commission may pursue any other remedies
19   available under federal or the defaulting Member State's law.
20      2. A Member State may initiate legal action against the
21   Commission in the U.S. District Court for the District of
22   Columbia or the federal district where the Commission has its
23   principal offices to enforce compliance with the provisions of
24   the Compact and its promulgated Rules. The relief sought may
25   include both injunctive relief and damages. In the event
26   judicial enforcement is necessary, the prevailing party shall be
27   awarded all costs of such litigation, including reasonable
28   attorney's fees.
29      3. No person other than a Member State shall enforce this
30   compact against the Commission.

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 1   SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
 2      A. The Compact shall come into effect on the date on which
 3   the Compact statute is enacted into law in the seventh Member
 4   State.
 5      1. On or after the effective date of the Compact indicated
 6   above, the Commission shall convene and review the enactment of
 7   each of the Charter Member States to determine if the statute
 8   enacted by each such Charter Member State is materially
 9   different than the model Compact statute.
10      a. A Charter Member State whose enactment is found to be
11   materially different from the model Compact statute shall be
12   entitled to the default process set forth in Section 10.
13      b. If any Member State is later found to be in default, or is
14   terminated or withdraws from the Compact, the Commission shall
15   remain in existence and the Compact shall remain in effect even
16   if the number of Member States should be less than seven.
17      2. Member States enacting the Compact subsequent to the
18   Charter Member States shall be subject to the process set forth
19   in Section 7.C.22 to determine if their enactments are
20   materially different from the model Compact statute and whether
21   they qualify for participation in the Compact.
22      3. All actions taken for the benefit of the Commission or in
23   furtherance of the purposes of the administration of the Compact
24   prior to the effective date of the Compact or the Commission
25   coming into existence shall be considered to be actions of the
26   Commission unless specifically repudiated by the Commission.
27      a. Any State that joins the Compact subsequent to the
28   Commission's initial adoption of the Rules and bylaws shall be
29   subject to the Rules and bylaws as they exist on the date on
30   which the Compact becomes law in that State. Any Rule that has

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 1   been previously adopted by the Commission shall have the full
 2   force and effect of law on the day the Compact becomes law in
 3   that State.
 4      b. Any Member State may withdraw from this Compact by
 5   enacting a statute repealing the same.
 6      B. A Member State's withdrawal shall not take effect until
 7   180 days after enactment of the repealing statute.
 8      C. Withdrawal shall not affect the continuing requirement of
 9   the withdrawing State's Licensing Authority to comply with the
10   investigative and Adverse Action reporting requirements of this
11   Compact prior to the effective date of withdrawal.
12      D. Upon the enactment of a statute withdrawing from this
13   compact, a State shall immediately provide notice of such
14   withdrawal to all Licensees within that State. Notwithstanding
15   any subsequent statutory enactment to the contrary, such
16   withdrawing State shall continue to recognize all licenses
17   granted pursuant to this compact for a minimum of six (6) months
18   after the date of such notice of withdrawal.
19      1. Nothing contained in this Compact shall be construed to
20   invalidate or prevent any licensure agreement or other
21   cooperative arrangement between a Member State and a non-Member
22   State that does not conflict with the provisions of this
23   Compact.
24      2. This Compact may be amended by the Member States. No
25   amendment to this Compact shall become effective and binding
26   upon any Member State until it is enacted into the laws of all
27   Member States.
28   SECTION 12. CONSTRUCTION AND SEVERABILITY
29      A. This Compact and the Commission's rulemaking authority
30   shall be liberally construed so as to effectuate the purposes,

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 1   and the implementation and administration of the Compact.
 2   Provisions of the Compact expressly authorizing or requiring the
 3   promulgation of Rules shall not be construed to limit the
 4   Commission's rulemaking authority solely for those purposes.
 5      B. The provisions of this Compact shall be severable and if
 6   any phrase, clause, sentence or provision of this Compact is
 7   held by a court of competent jurisdiction to be contrary to the
 8   constitution of any Member State, a State seeking participation
 9   in the Compact, or of the United States, or the applicability
10   thereof to any government, agency, person or circumstance is
11   held to be unconstitutional by a court of competent
12   jurisdiction, the validity of the remainder of this Compact and
13   the applicability thereof to any other government, agency,
14   person or circumstance shall not be affected thereby.
15      C. Notwithstanding subsection B of this Section, the
16   Commission may deny a State's participation in the Compact or,
17   in accordance with the requirements of Section 10.B, terminate a
18   Member State's participation in the Compact, if it determines
19   that a constitutional requirement of a Member State is a
20   material departure from the Compact. Otherwise, if this Compact
21   shall be held to be contrary to the constitution of any Member
22   State, the Compact shall remain in full force and effect as to
23   the remaining Member States and in full force and effect as to
24   the Member State affected as to all severable matters.
25   SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
26      A. Nothing herein shall prevent or inhibit the enforcement of
27   any other law of a Member State that is not inconsistent with
28   the Compact.
29      B. Any laws, statutes, regulations, or other legal
30   requirements in a Member State in conflict with the Compact are

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 1   superseded to the extent of the conflict.
 2      C. All permissible agreements between the Commission and the
 3   Member States are binding in accordance with their terms.
 4   Section 3.   When and how compact becomes operative.
 5      (a)   General rule.--When the Governor executes the Interstate
 6   Compact on behalf of this State and files a verified copy
 7   thereof with the Secretary of the Commonwealth and when the
 8   compact is ratified by one or more other states, then the
 9   compact shall become operative and effective between this State
10   and such other state or states. The Governor is hereby
11   authorized and directed to take such action as may be necessary
12   to complete the exchange of official documents between this
13   State and any other state ratifying the compact.
14      (b)   Notice in Pennsylvania Bulletin.--The Secretary of the
15   Commonwealth shall publish a notice in the Pennsylvania Bulletin
16   when the conditions set forth in subsection (a) are satisfied
17   and shall include in the notice the date on which the compact
18   became effective and operative between this State and any other
19   state or states in accordance with this act.
20   Section 4.   Compensation and expenses of compact administrator.
21      The compact administrator who represents this State, as
22   provided for in the Interstate Compact, shall not be entitled to
23   any additional compensation for his duties and responsibilities
24   as compact administrator but shall be entitled to reimbursement
25   for reasonable expenses actually incurred in connection with his
26   duties and responsibilities as compact administrator in the same
27   manner as for expenses incurred in connection with other duties
28   and responsibilities of his office or employment.
29   Section 5.   Effective date.
30      This act shall take effect in 60 days.

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