AB193,26,13 2. Two years have elapsed from the date on which the license is no longer encumbered due to the adverse action.

AB193,26,16 (f) Once a licensee with a restricted or limited license meets the requirements of par. (e) 1. and 2., the licensee must also meet the requirements of par. (a) to obtain a compact privilege in a remote state.

AB193,26,20 (5) Active military member or their spouse. (a) An active military member, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty.

AB193,27,2 (b) An active military member and their spouse shall not be required to pay to the commission for a compact privilege any fee that may otherwise be charged by the commission. If a remote state chooses to charge a fee for a compact privilege, it may choose to charge a reduced fee or no fee to an active military member and their spouse for a compact privilege.

AB193,27,5 (6) Adverse actions. (a) A member state in which a licensee is licensed shall have authority to impose adverse action against the license issued by that member state.

AB193,27,8 (b) A member state may take adverse action based on significant investigative information of a remote state or the home state, so long as the member state follows its own procedures for imposing adverse action.

AB193,27,12 (c) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state’s laws.

AB193,27,13 (d) A remote state shall have the authority to:

AB193,27,15 1. Take adverse actions as set forth herein against a licensee’s compact privilege in that state;

AB193,27,17 2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence.

AB193,27,20 a. Subpoenas may be issued by a respiratory therapy licensing authority in a member state for the attendance and testimony of witnesses and the production of evidence.

AB193,28,2 b. Subpoenas issued by a respiratory therapy licensing authority in a member state for the attendance and testimony of witnesses shall be enforced in the latter state by any court of competent jurisdiction in the latter state, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it.

AB193,28,6 c. Subpoenas issued by a respiratory therapy licensing authority in a member state for production of evidence from another member state shall be enforced in the latter state, according to the practice and procedure of that court applicable to subpoenas issued in the proceedings pending before it.

AB193,28,9 d. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located;

AB193,28,12 3. Unless otherwise prohibited by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee;

AB193,28,16 4. Notwithstanding subd. 2., a member state may not issue a subpoena to gather evidence of conduct in another member state that is lawful in such other member state for the purpose of taking adverse action against a licensee’s compact privilege or application for a compact privilege in that member state; and

AB193,28,19 5. Nothing in this compact authorizes a member state to impose discipline against a respiratory therapist’s compact privilege in that member state for the individual’s otherwise lawful practice in another state.

AB193,29,2 (e) Joint investigations. 1. In addition to the authority granted to a member state by its respective respiratory therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees, provided, however, that a member state receiving such a request has no obligation to respond to any subpoena issued regarding an investigation of conduct or practice that was lawful in a member state at the time it was undertaken.

AB193,29,8 2. Member states shall share any significant investigative information, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact. In sharing such information between member state respiratory therapy licensing authorities, all information obtained shall be kept confidential, except as otherwise mutually agreed upon by the sharing and receiving member state(s).

AB193,29,11 (f) Nothing in this compact may permit a member state to take any adverse action against a licensee or holder of a compact privilege for conduct or practice that was legal in the member state at the time it was undertaken.

AB193,29,14 (g) Nothing in this compact may permit a member state to take disciplinary action against a licensee or holder of a compact privilege for conduct or practice that was legal in the member state at the time it was undertaken.

AB193,29,21 (7) Establishment of the respiratory care interstate compact commission. (a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the respiratory care interstate compact commission. The commission is an instrumentality of the compact member states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact, as set forth in sub. (11).

AB193,29,24 (b) Membership, voting, and meetings. 1. Each member state shall have and be limited to one commissioner selected by that member state’s respiratory therapy licensing authority.

AB193,30,2 2. The commissioner shall be an administrator or their designated staff member of the member state’s respiratory therapy licensing authority.

AB193,30,4 3. The commission shall by rule or bylaw establish a term of office for commissioners and may by rule or bylaw establish term limits.

AB193,30,6 4. The commission may recommend to a member state the removal or suspension of any commissioner from office.

AB193,30,9 5. A member state’s respiratory therapy licensing authority shall fill any vacancy of its commissioner occurring on the commission within 60 days of the vacancy.

AB193,30,11 6. Each commissioner shall be entitled to one vote on all matters before the commission requiring a vote by commissioners.

AB193,30,14 7. A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners to meet by telecommunication, videoconference, or other means of communication.