AB716,29,98 15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
9dispose of any property real, personal, or mixed;
AB716,29,1010 16. Establish a budget and make expenditures;
AB716,29,1111 17. Borrow money;
AB716,29,1512 18. Appoint committees, including standing committees, composed of
13members, state regulators, state legislators or their representatives, and consumer
14representatives, and such other interested persons as may be designated in this
15compact and the bylaws;
AB716,29,1816 19. Accept and transmit complaints from the public, regulatory or law
17enforcement agencies, or the commission, to the relevant member state(s) regarding
18potential misconduct of licensees;
AB716,29,2019 20. Elect a chair, vice chair, secretary and treasurer and such other officers of
20the commission as provided in the commission's bylaws;
AB716,29,2221 21. Establish and elect an executive committee, including a chair and a vice
22chair;
AB716,29,2323 22. Adopt and provide to the member states an annual report.
AB716,30,3
123. Determine whether a state's adopted language is materially different from
2the model compact language such that the state would not qualify for participation
3in the compact; and
AB716,30,54 24. Perform such other functions as may be necessary or appropriate to achieve
5the purposes of this compact.
AB716,30,86 (d) The executive committee. 1. The executive committee shall have the power
7to act on behalf of the commission according to the terms of this compact. The powers,
8duties, and responsibilities of the executive committee shall include:
AB716,30,119 a. Overseeing the day-to-day activities of the administration of the compact
10including compliance with the provisions of the compact, the commission's rules and
11bylaws, and other such duties as deemed necessary;
AB716,30,1412 b. Recommending to the commission changes to the rules or bylaws, changes
13to this compact legislation, fees charged to compact member states, fees charged to
14licensees, and other fees;
AB716,30,1615 c. Ensuring compact administration services are appropriately provided,
16including by contract;
AB716,30,1717 d. Preparing and recommending the budget;
AB716,30,1818 e. Maintaining financial records on behalf of the commission;
AB716,30,2019 f. Monitoring compact compliance of member states and providing compliance
20reports to the commission;
AB716,30,2121 g. Establishing additional committees as necessary;
AB716,30,2522 h. Exercise the powers and duties of the commission during the interim
23between commission meetings, except for adopting or amending rules, adopting or
24amending bylaws, and exercising any other powers and duties expressly reserved to
25the commission by rule or bylaw; and
AB716,31,1
1i. Other duties as provided in the Rules or bylaws of the Commission.
AB716,31,32 2. The executive committee shall be composed of seven voting members and up
3to two ex-officio members as follows:
AB716,31,64 a. The chair and vice chair of the commission and any other members of the
5commission who serve on the executive committee shall be voting members of the
6executive committee; and
AB716,31,87 b. Other than the chair, vice-chair, secretary and treasurer, the commission
8shall elect three voting members from the current membership of the commission.
AB716,31,129 c. The commission may elect ex-officio, nonvoting members as necessary as
10follows: one ex-officio member who is a representative of the national association of
11state massage therapy regulatory boards and one ex-officio member as specified in
12the Commission's bylaws.
AB716,31,1413 3. The commission may remove any member of the executive committee as
14provided in the commission's bylaws.
AB716,31,1515 4. The Executive Committee shall meet at least annually.
AB716,31,1816 a. Executive committee meetings shall be open to the public, except that the
17executive committee may meet in a closed, non-public session of a public meeting
18when dealing with any of the matters covered under par. (f) 4.
AB716,31,2219 b. The executive committee shall give five business days advance notice of its
20public meetings, posted on its website and as determined to provide notice to persons
21with an interest in the public matters the executive committee intends to address at
22those meetings.
AB716,31,2423 5. The executive committee may hold an emergency meeting when acting for
24the commission to:
AB716,31,2525 a. Meet an imminent threat to public health, safety, or welfare;
AB716,32,1
1b. Prevent a loss of commission or participating state funds; or
AB716,32,22 c. Protect public health and safety.
AB716,32,43 (e) The commission shall adopt and provide to the member states an annual
4report.
AB716,32,85 (f) Meetings of the Commission. 1. All meetings of the commission that are not
6closed pursuant to this subsection shall be open to the public. Notice of public
7meetings shall be posted on the commission's website at least thirty (30) days prior
8to the public meeting.
AB716,32,149 2. Notwithstanding subd. 1., the commission may convene an emergency public
10meeting by providing at least twenty-four (24) hours prior notice on the commission's
11website, and any other means as provided in the commission's rules, for any of the
12reasons it may dispense with notice of proposed rulemaking under sub. (10) (L). The
13commission's legal counsel shall certify the that one of the reasons justifying an
14emergency public meeting has been met.
AB716,32,1815 3. Notice of all commission meetings shall provide the time, date, and location
16of the meeting, and if the meeting is to be held or accessible via telecommunication,
17video conference, or other electronic means, the notice shall include the mechanism
18for access to the meeting.
AB716,32,2019 4. The commission may convene in a closed, non-public meeting for the
20commission to discuss:
AB716,32,2121 a. Non-compliance of a member state with its obligations under the compact;
AB716,32,2422 b. The employment, compensation, discipline or other matters, practices or
23procedures related to specific employees or other matters related to the commission's
24internal personnel practices and procedures;
AB716,33,2
1c. Current or threatened discipline of a licensee by the commission or by a
2member state's licensing authority;
AB716,33,33 d. Current, threatened, or reasonably anticipated litigation;
AB716,33,54 e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
5real estate;
AB716,33,66 f. Accusing any person of a crime or formally censuring any person;
AB716,33,87 g. Trade secrets or commercial or financial information that is privileged or
8confidential;
AB716,33,109 h. Information of a personal nature where disclosure would constitute a clearly
10unwarranted invasion of personal privacy;
AB716,33,1111 i. Investigative records compiled for law enforcement purposes;
AB716,33,1412 j. Information related to any investigative reports prepared by or on behalf of
13or for use of the commission or other committee charged with responsibility of
14investigation or determination of compliance issues pursuant to the compact;
AB716,33,1515 k. Legal advice;
AB716,33,1716 L. Matters specifically exempted from disclosure to the public by federal or
17member state law; or
AB716,33,1818 m. Other matters as promulgated by the commission by rule.
AB716,33,2119 5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state
20that the meeting will be closed and reference each relevant exempting provision, and
21such reference shall be recorded in the minutes.
AB716,34,322 6. The commission shall keep minutes that fully and clearly describe all
23matters discussed in a meeting and shall provide a full and accurate summary of
24actions taken, and the reasons therefore, including a description of the views
25expressed. All documents considered in connection with an action shall be identified

1in such minutes. All minutes and documents of a closed meeting shall remain under
2seal, subject to release only by a majority vote of the commission or order of a court
3of competent jurisdiction.
AB716,34,64 (g) Financing of the commission. 1. The commission shall pay, or provide for
5the payment of, the reasonable expenses of its establishment, organization, and
6ongoing activities.
AB716,34,87 2. The commission may accept any and all appropriate sources of revenue,
8donations, and grants of money, equipment, supplies, materials, and services.
AB716,34,159 3. The commission may levy on and collect an annual assessment from each
10member state and impose fees on licensees of member states to whom it grants a
11multistate license to cover the cost of the operations and activities of the commission
12and its staff, which must be in a total amount sufficient to cover its annual budget
13as approved each year for which revenue is not provided by other sources. The
14aggregate annual assessment amount for member states shall be allocated based
15upon a formula that the commission shall promulgate by rule.
AB716,34,1816 4. The commission shall not incur obligations of any kind prior to securing the
17funds adequate to meet the same; nor shall the commission pledge the credit of any
18member states, except by and with the authority of the member state.
AB716,34,2519 5. The commission shall keep accurate accounts of all receipts and
20disbursements. The receipts and disbursements of the commission shall be subject
21to the financial review and accounting procedures established under its bylaws. All
22receipts and disbursements of funds handled by the commission shall be subject to
23an annual financial review by a certified or licensed public accountant, and the
24report of the financial review shall be included in and become part of the annual
25report of the Commission.
AB716,35,12
1(h) Qualified immunity, defense, and indemnification. 1. The members,
2officers, executive director, employees and representatives of the commission shall
3be immune from suit and liability, both personally and in their official capacity, for
4any claim for damage to or loss of property or personal injury or other civil liability
5caused by or arising out of any actual or alleged act, error, or omission that occurred,
6or that the person against whom the claim is made had a reasonable basis for
7believing occurred within the scope of commission employment, duties or
8responsibilities; provided that nothing in this subdivision shall be construed to
9protect any such person from suit or liability for any damage, loss, injury, or liability
10caused by the intentional or willful or wanton misconduct of that person. The
11procurement of insurance of any type by the commission shall not in any way
12compromise or limit the immunity granted hereunder.
AB716,35,2213 2. The commission shall defend any member, officer, executive director,
14employee, and representative of the commission in any civil action seeking to impose
15liability arising out of any actual or alleged act, error, or omission that occurred
16within the scope of commission employment, duties, or responsibilities, or as
17determined by the commission that the person against whom the claim is made had
18a reasonable basis for believing occurred within the scope of commission
19employment, duties, or responsibilities; provided that nothing herein shall be
20construed to prohibit that person from retaining their own counsel at their own
21expense; and provided further, that the actual or alleged act, error, or omission did
22not result from that person's intentional or willful or wanton misconduct.
AB716,36,523 3. The commission shall indemnify and hold harmless any member, officer,
24executive director, employee, and representative of the commission for the amount
25of any settlement or judgment obtained against that person arising out of any actual

1or alleged act, error, or omission that occurred within the scope of commission
2employment, duties, or responsibilities, or that such person had a reasonable basis
3for believing occurred within the scope of commission employment, duties, or
4responsibilities, provided that the actual or alleged act, error, or omission did not
5result from the intentional or willful or wanton misconduct of that person.
AB716,36,86 4. Nothing herein shall be construed as a limitation on the liability of any
7licensee for professional malpractice or misconduct, which shall be governed solely
8by any other applicable state laws.
AB716,36,129 5. Nothing in this compact shall be interpreted to waive or otherwise abrogate
10a member state's state action immunity or state action affirmative defense with
11respect to antitrust claims under the Sherman Act, Clayton Act, or any other state
12or federal antitrust or anticompetitive law or regulation.
AB716,36,1413 6. Nothing in this compact shall be construed to be a waiver of sovereign
14immunity by the member states or by the commission.
AB716,36,17 15(9) Article 9 - data system. (a) The commission shall provide for the
16development, maintenance, operation, and utilization of a coordinated database and
17reporting system.
AB716,36,1918 (b) The commission shall assign each applicant for a multistate license a
19unique identifier, as determined by the rules of the commission.
AB716,36,2220 (c) Notwithstanding any other provision of state law to the contrary, a member
21state shall submit a uniform data set to the data system on all individuals to whom
22this compact is applicable as required by the rules of the commission, including:
AB716,36,2323 1. Identifying information;
AB716,36,2424 2. Licensure data;
AB716,36,2525 3. Adverse actions against a license and information related thereto;
AB716,37,3
14. Non-confidential information related to alternative program participation,
2the beginning and ending dates of such participation, and other information related
3to such participation;
AB716,37,64 5. Any denial of application for licensure, and the reason(s) for such denial
5(excluding the reporting of any criminal history record information where prohibited
6by law);
AB716,37,77 6. The existence of investigative information;
AB716,37,88 7. The existence presence of current significant investigative information; and
AB716,37,109 8. Other information that may facilitate the administration of this compact or
10the protection of the public, as determined by the rules of the commission.
AB716,37,1511 (d) The records and information provided to a member state pursuant to this
12compact or through the data system, when certified by the commission or an agent
13thereof, shall constitute the authenticated business records of the commission, and
14shall be entitled to any associated hearsay exception in any relevant judicial,
15quasi-judicial or administrative proceedings in a member state.
AB716,37,1816 (e) The existence of current significant investigative information and the
17existence of investigative information pertaining to a licensee in any member state
18will only be available to other member states.
AB716,37,2319 (f) It is the responsibility of the member states to report any adverse action
20against a licensee who holds a multistate license and to monitor the database to
21determine whether adverse action has been taken against such a licensee or license
22applicant. Adverse action information pertaining to a licensee or license applicant
23in any member state will be available to any other member state.
AB716,38,3
1(g) Member states contributing information to the data system may designate
2information that may not be shared with the public without the express permission
3of the contributing state.
AB716,38,64 (h) Any information submitted to the data system that is subsequently
5expunged pursuant to federal law or the laws of the member state contributing the
6information shall be removed from the data system.
AB716,38,13 7(10) Article 10 - rulemaking. (a) The commission shall promulgate
8reasonable rules in order to effectively and efficiently implement and administer the
9purposes and provisions of the compact. A rule shall be invalid and have no force or
10effect only if a court of competent jurisdiction holds that the rule is invalid because
11the commission exercised its rulemaking authority in a manner that is beyond the
12scope and purposes of the compact, or the powers granted hereunder, or based upon
13another applicable standard of review.
AB716,38,1814 (b) The rules of the commission shall have the force of law in each member state,
15provided however that where the rules of the commission conflict with the laws of the
16member state that establish the member state's scope of practice as held by a court
17of competent jurisdiction, the rules of the commission shall be ineffective in that
18state to the extent of the conflict.
AB716,38,2119 (c) The commission shall exercise its rulemaking powers pursuant to the
20criteria set forth in this subsection and the rules adopted thereunder. Rules shall
21become binding as of the date specified by the commission for each rule.
AB716,39,222 (d) If a majority of the legislatures of the member states rejects a rule or portion
23of a rule, by enactment of a statute or resolution in the same manner used to adopt
24the compact within four (4) years of the date of adoption of the rule, then such rule

1shall have no further force and effect in any member state or to any state applying
2to participate in the compact.
AB716,39,33 (e) Rules shall be adopted at a regular or special meeting of the commission.
AB716,39,64 (f) Prior to adoption of a proposed rule, the commission shall hold a public
5hearing and allow persons to provide oral and written comments, data, facts,
6opinions, and arguments.
AB716,39,107 (g) Prior to adoption of a proposed rule by the commission, and at least thirty
8(30) days in advance of the meeting at which the commission will hold a public
9hearing on the proposed rule, the commission shall provide a notice of proposed
10rulemaking:
AB716,39,1111 1. On the website of the commission or other publicly accessible platform;
AB716,39,1312 2. To persons who have requested notice of the commission's notices of proposed
13rulemaking, and
AB716,39,1414 3. In such other way(s) as the commission may by rule specify.
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