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.
AB716,39,1515 (h) The notice of proposed rulemaking shall include:
AB716,39,1916 1. The time, date, and location of the public hearing at which the commission
17will hear public comments on the proposed rule and, if different, the time, date, and
18location of the meeting where the commission will consider and vote on the proposed
19rule;
AB716,39,2220 2. If the hearing is held via telecommunication, video conference, or other
21electronic means, the commission shall include the mechanism for access to the
22hearing in the notice of proposed rulemaking;
AB716,39,2323 3. The text of the proposed rule and the reason therefor;
AB716,39,2424 4. A request for comments on the proposed rule from any interested person; and
AB716,39,2525 5. The manner in which interested persons may submit written comments.
AB716,40,3
1(i) All hearings will be recorded. A copy of the recording and all written
2comments and documents received by the commission in response to the proposed
3rule shall be available to the public.
AB716,40,64 (j) Nothing in this subsection shall be construed as requiring a separate
5hearing on each rule. Rules may be grouped for the convenience of the commission
6at hearings required by this subsection.
AB716,40,87 (k) The commission shall, by majority vote of all commissioners, take final
8action on the proposed rule based on the rulemaking record.
AB716,40,109 1. The commission may adopt changes to the proposed rule provided the
10changes do not enlarge the original purpose of the proposed rule.
AB716,40,1311 2. The commission shall provide an explanation of the reasons for substantive
12changes made to the proposed rule as well as reasons for substantive changes not
13made that were recommended by commenters.
AB716,40,1714 3. The commission shall determine a reasonable effective date for the rule.
15Except for an emergency as provided in par. (L), the effective date of the rule shall
16be no sooner than thirty (30) days after the commission issuing the notice that it
17adopted or amended the rule.
AB716,40,2318 (L) Upon determination that an emergency exists, the commission may
19consider and adopt an emergency rule with 24 hours notice, provided that the usual
20rulemaking procedures provided in the compact and in this subsection shall be
21retroactively applied to the rule as soon as reasonably possible, in no event later than
22ninety (90) days after the effective date of the rule. For the purposes of this provision,
23an emergency rule is one that must be adopted immediately to:
AB716,40,2424 1. Meet an imminent threat to public health, safety, or welfare;
AB716,40,2525 2. Prevent a loss of commission or member state funds;
AB716,41,2
13. Meet a deadline for the promulgation of a rule that is established by federal
2law or rule; or
AB716,41,33 4. Protect public health and safety.
AB716,41,134 (m) The commission or an authorized committee of the commission may direct
5revisions to a previously adopted rule for purposes of correcting typographical errors,
6errors in format, errors in consistency, or grammatical errors. Public notice of any
7revisions shall be posted on the website of the commission. The revision shall be
8subject to challenge by any person for a period of thirty (30) days after posting. The
9revision may be challenged only on grounds that the revision results in a material
10change to a rule. A challenge shall be made in writing and delivered to the
11commission prior to the end of the notice period. If no challenge is made, the revision
12will take effect without further action. If the revision is challenged, the revision may
13not take effect without the approval of the commission.
AB716,41,1514 (n) No member state's rulemaking requirements shall apply under this
15compact.
AB716,41,19 16(11) Article 11 - oversight, dispute resolution, and enforcement. (a)
17Oversight
. 1. The executive and judicial branches of state government in each
18member state shall enforce this compact and take all actions necessary and
19appropriate to implement the compact.
AB716,42,220 2. Venue is proper and judicial proceedings by or against the commission shall
21be brought solely and exclusively in a court of competent jurisdiction where the
22principal office of the commission is located. The commission may waive venue and
23jurisdictional defenses to the extent it adopts or consents to participate in alternative
24dispute resolution proceedings. Nothing herein shall affect or limit the selection or

1propriety of venue in any action against a licensee for professional malpractice,
2misconduct or any such similar matter.
AB716,42,73 3. The commission shall be entitled to receive service of process in any
4proceeding regarding the enforcement or interpretation of the compact and shall
5have standing to intervene in such a proceeding for all purposes. Failure to provide
6the commission service of process shall render a judgment or order void as to the
7commission, this compact, or promulgated rules.
AB716,42,148 (b) Default, technical assistance, and termination. 1. If the commission
9determines that a member state has defaulted in the performance of its obligations
10or responsibilities under this compact or the promulgated rules, the commission
11shall provide written notice to the defaulting state. The notice of default shall
12describe the default, the proposed means of curing the default, and any other action
13that the commission may take, and shall offer training and specific technical
14assistance regarding the default.
AB716,42,1615 2. The commission shall provide a copy of the notice of default to the other
16member states.
AB716,42,2217 (c) If a state in default fails to cure the default, the defaulting state may be
18terminated from the compact upon an affirmative vote of a majority of the delegates
19of the member states, and all rights, privileges and benefits conferred on that state
20by this compact may be terminated on the effective date of termination. A cure of the
21default does not relieve the offending state of obligations or liabilities incurred
22during the period of default.
AB716,43,223 (d) Termination of membership in the compact shall be imposed only after all
24other means of securing compliance have been exhausted. Notice of intent to
25suspend or terminate shall be given by the commission to the governor, the majority

1and minority leaders of the defaulting state's legislature, the defaulting state's state
2licensing authority and each of the member states' state licensing authority.
AB716,43,53 (e) A state that has been terminated is responsible for all assessments,
4obligations, and liabilities incurred through the effective date of termination,
5including obligations that extend beyond the effective date of termination.
AB716,43,106 (f) Upon the termination of a state's membership from this compact, that state
7shall immediately provide notice to all licensees who hold a multistate license within
8that state of such termination. The terminated state shall continue to recognize all
9licenses granted pursuant to this compact for a minimum of one hundred eighty (180)
10days after the date of said notice of termination.
AB716,43,1311 (g) The commission shall not bear any costs related to a state that is found to
12be in default or that has been terminated from the compact, unless agreed upon in
13writing between the commission and the defaulting state.
AB716,43,1714 (h) The defaulting state may appeal the action of the commission by petitioning
15the U.S. district court for the District of Columbia or the federal district where the
16commission has its principal offices. The prevailing party shall be awarded all costs
17of such litigation, including reasonable attorney's fees.
AB716,43,2018 (i) Dispute resolution. 1. Upon request by a member state, the commission
19shall attempt to resolve disputes related to the compact that arise among member
20states and between member and non-member states.
AB716,43,2221 2. The commission shall promulgate a rule providing for both mediation and
22binding dispute resolution for disputes as appropriate.
AB716,43,2423 (j) Enforcement. 1. The commission, in the reasonable exercise of its discretion,
24shall enforce the provisions of this compact and the commission's rules.
AB716,44,10
12. By majority vote as provided by commission rule, the commission may
2initiate legal action against a member state in default in the United States district
3court for the District of Columbia or the federal district where the commission has
4its principal offices to enforce compliance with the provisions of the compact and its
5promulgated rules. The relief sought may include both injunctive relief and
6damages. In the event judicial enforcement is necessary, the prevailing party shall
7be awarded all costs of such litigation, including reasonable attorney's fees. The
8remedies herein shall not be the exclusive remedies of the commission. The
9commission may pursue any other remedies available under federal or the defaulting
10member state's law.
AB716,44,1711 3. A member state may initiate legal action against the commission in the U.S.
12district court for the District of Columbia or the federal district where the
13commission has its principal offices to enforce compliance with the provisions of the
14compact and its promulgated rules. The relief sought may include both injunctive
15relief and damages. In the event judicial enforcement is necessary, the prevailing
16party shall be awarded all costs of such litigation, including reasonable attorney's
17fees.
AB716,44,1918 4. No individual or entity other than a member state may enforce this compact
19against the commission.
AB716,44,22 20(12) Article 12 - effective date, withdrawal, and amendment. (a) The compact
21shall come into effect on the date on which the compact statute is enacted into law
22in the seventh member state.
AB716,45,223 1. On or after the effective date of the compact, the commission shall convene
24and review the enactment of each of the charter member states to determine if the

1statute enacted by each such charter member state is materially different than the
2model compact statute.
AB716,45,53 a. A charter member state whose enactment is found to be materially different
4from the model compact statute shall be entitled to the default process set forth in
5sub. (11).
AB716,45,96 b. If any member state is later found to be in default, or is terminated or
7withdraws from the compact, the commission shall remain in existence and the
8compact shall remain in effect even if the number of member states should be less
9than seven (7).
AB716,45,1310 2. Member states enacting the compact subsequent to the charter member
11states shall be subject to the process set forth in sub. (8) (c) 23. to determine if their
12enactments are materially different from the model compact statute and whether
13they qualify for participation in the compact.
AB716,45,1714 3. All actions taken for the benefit of the commission or in furtherance of the
15purposes of the administration of the compact prior to the effective date of the
16compact or the commission coming into existence shall be considered to be actions
17of the commission unless specifically repudiated by the commission.
AB716,45,2118 4. Any state that joins the compact shall be subject to the commission's rules
19and bylaws as they exist on the date on which the compact becomes law in that State.
20Any rule that has been previously adopted by the commission shall have the full force
21and effect of law on the day the compact becomes law in that state.
AB716,45,2322 (b) Any member state may withdraw from this compact by enacting a statute
23repealing that state's enactment of the compact.
AB716,45,2524 1. A member state's withdrawal shall not take effect until one hundred eighty
25(180) days after enactment of the repealing statute.
AB716,46,3
12. Withdrawal shall not affect the continuing requirement of the withdrawing
2state's licensing authority to comply with the investigative and adverse action
3reporting requirements of this compact prior to the effective date of withdrawal.
AB716,46,84 3. Upon the enactment of a statute withdrawing from this compact, a state
5shall immediately provide notice of such withdrawal to all licensees within that
6state. Notwithstanding any subsequent statutory enactment to the contrary, such
7withdrawing state shall continue to recognize all licenses granted pursuant to this
8compact for a minimum of 180 days after the date of such notice of withdrawal.
AB716,46,129 (c) Nothing contained in this compact shall be construed to invalidate or
10prevent any licensure agreement or other cooperative arrangement between a
11member state and a non-member state that does not conflict with the provisions of
12this compact.
AB716,46,1513 (d) This compact may be amended by the member states. No amendment to this
14compact shall become effective and binding upon any member state until it is enacted
15into the laws of all member states.
AB716,46,21 16(13) Article 13 - construction and severability. (a) This compact and the
17commission's rulemaking authority shall be liberally construed so as to effectuate
18the purposes, and the implementation and administration of the compact.
19Provisions of the compact expressly authorizing or requiring the promulgation of
20rules shall not be construed to limit the commission's rulemaking authority solely for
21those purposes.
AB716,47,422 (b) The provisions of this compact shall be severable and if any phrase, clause,
23sentence or provision of this compact is held by a court of competent jurisdiction to
24be contrary to the constitution of any member state, a state seeking participation in
25the compact, or of the United States, or the applicability thereof to any government,

1agency, person or circumstance is held to be unconstitutional by a court of competent
2jurisdiction, the validity of the remainder of this compact and the applicability
3thereof to any other government, agency, person or circumstance shall not be affected
4thereby.
AB716,47,115 (c) Notwithstanding par. (b), the commission may deny a state's participation
6in the compact or, in accordance with the requirements of sub. (11) (b), terminate a
7member state's participation in the compact, if it determines that a constitutional
8requirement of a member state is a material departure from the compact. Otherwise,
9if this compact shall be held to be contrary to the constitution of any member state,
10the compact shall remain in full force and effect as to the remaining member states
11and in full force and effect as to the member state affected as to all severable matters.
AB716,47,17 12(14) Article 14 - consistent effect and conflict with other state laws.
13Nothing herein shall prevent or inhibit the enforcement of any other law of a member
14state that is not inconsistent with the compact. Any laws, statutes, regulations, or
15other legal requirements in a member state in conflict with the compact are
16superseded to the extent of the conflict. All permissible agreements between the
17commission and the member states are binding in accordance with their terms.
AB716,47,19 18460.51 Implementation of the interstate massage compact. (1) In this
19section, “authorization to practice” has the meaning given in s. 460.01 (2).
AB716,47,21 20(2) (a) An individual who is exercising an authorization to practice shall comply
21with s. 440.03 (13) (am).
AB716,47,2522 (b) Subject to s. 460.50 and any rules promulgated thereunder, ss. 440.20 to
23440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
24is exercising an authorization to practice in this state in the same manner that they
25apply to holders of licenses issued under s. 460.05 (1m) and (2m).
AB716,54
1Section 54. 895.48 (1m) (a) (intro.) of the statutes is amended to read:
AB716,48,142 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician,
3naturopathic doctor, physician assistant, podiatrist, or athletic trainer licensed
4under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447,
5emergency medical services practitioner licensed under s. 256.15, emergency
6medical responder certified under s. 256.15 (8), registered nurse licensed under ch.
7441, or a massage therapist or bodywork therapist who is licensed under ch. 460 or
8who is exercising an authorization to practice, as defined in s. 460.01 (2), in this state

9who renders voluntary health care to a participant in an athletic event or contest
10sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school,
11as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public
12agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is
13immune from civil liability for his or her acts or omissions in rendering that care if
14all of the following conditions exist:
AB716,48,1515 (End)
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