SB190: Bill Text

SB190,24,14 (b) Nothing in this compact prohibits a member state from charging a fee for granting and renewing the compact privilege.

SB190,24,16 (4) Compact privilege. (a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall:

SB190,24,17 1. Hold and maintain an active home state license as a respiratory therapist;

SB190,24,20 2. Hold and maintain an active credential from the National Board for Respiratory Care (or its successor) that would qualify them for licensure in the remote state in which they are seeking the privilege;

SB190,24,22 3. Have not had any adverse action against a license within the previous 2 years;

SB190,24,24 4. Notify the commission that the licensee is seeking the compact privilege within a remote state(s);

SB190,25,2 5. Pay any applicable fees, including any state and commission fees and renewal fees, for the compact privilege;

SB190,25,4 6. Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege;

SB190,25,6 7. Report to the commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken;

SB190,25,10 8. Report to the commission, when applying for a compact privilege, the address of the licensee’s domicile and thereafter promptly report to the commission any change in the address of the licensee’s domicile within 30 days of the effective date of the change in address; and

SB190,25,15 9. Consent to accept service of process by mail at the licensee’s domicile on record with the commission with respect to any action brought against the licensee by the commission or a member state, and consent to accept service of a subpoena by mail at the licensee’s domicile on record with the commission with respect to any action brought or investigation conducted by the commission or a member state.

SB190,25,21 (b) The compact privilege is valid until the expiration date or revocation of the home state license unless terminated pursuant to adverse action. The licensee must comply with all of the requirements of par. (a), above, to maintain the compact privilege in a remote state. If those requirements are met, no adverse actions are taken, and the licensee has paid any applicable compact privilege renewal fees, then the licensee will maintain the licensee’s compact privilege.

SB190,26,4 (c) A licensee providing respiratory therapy in a remote state under the compact privilege shall function within the scope of practice authorized by the remote state for the type of respiratory therapist license the licensee holds. Such procedures, actions, processes, and the circumstances under which they may be undertaken may be established through means, including, but not limited to, statute, regulations, case law, and other processes available to the state respiratory therapy licensing authority or other government agency.

SB190,26,8 (d) If a licensee’s compact privilege in a remote state is removed by the remote state, the individual shall lose or be ineligible for the compact privilege in that remote state until the compact privilege is no longer limited or restricted by that state.

SB190,26,10 (e) If a home state license is encumbered, the licensee shall lose the compact privilege in all remote states until the following occur:

SB190,26,11 1. The home state license is no longer encumbered; and

SB190,26,13 2. Two years have elapsed from the date on which the license is no longer encumbered due to the adverse action.

SB190,26,16 (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.

SB190,26,20 (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.

SB190,27,2 (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.

SB190,27,5 (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.

SB190,27,8 (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.

SB190,27,12 (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.

SB190,27,13 (d) A remote state shall have the authority to:

SB190,27,15 1. Take adverse actions as set forth herein against a licensee’s compact privilege in that state;

SB190,27,17 2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence.

SB190,27,20 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.

SB190,28,2 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.

SB190,28,6 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.

SB190,28,9 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;

SB190,28,12 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;

SB190,28,16 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

SB190,28,19 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.

SB190,29,2 (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.

SB190,29,8 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).

SB190,29,11 (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.

SB190,29,14 (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.

SB190,29,21 (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).

SB190,29,24 (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.

SB190,30,2 2. The commissioner shall be an administrator or their designated staff member of the member state’s respiratory therapy licensing authority.

SB190,30,4 3. The commission shall by rule or bylaw establish a term of office for commissioners and may by rule or bylaw establish term limits.

SB190,30,6 4. The commission may recommend to a member state the removal or suspension of any commissioner from office.

SB190,30,9 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.

SB190,30,11 6. Each commissioner shall be entitled to one vote on all matters before the commission requiring a vote by commissioners.

SB190,30,14 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.

SB190,30,16 8. The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws.

SB190,30,17 (c) The commission shall have the following powers:

SB190,30,18 1. Establish and amend the fiscal year of the commission;

SB190,30,20 2. Establish and amend bylaws and policies, including but not limited to, a code of conduct and conflict of interest;

SB190,30,21 3. Establish and amend rules, which shall be binding in all member states;

SB190,30,22 4. Maintain its financial records in accordance with the bylaws;

SB190,30,24 5. Meet and take such actions as are consistent with the provisions of this compact, the commission’s rules, and the bylaws;

SB190,31,3 6. Initiate and conduct legal proceedings or actions in the name of the commission, provided that the standing of any respiratory therapy licensing authority to sue or be sued under applicable law shall not be affected;

SB190,31,6 7. Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission’s behalf;

SB190,31,7 8. Purchase and maintain insurance and bonds;

SB190,31,9 9. Accept or contract for services of personnel, including, but not limited to, employees of a member state;

SB190,31,10 10. Conduct an annual financial review;

SB190,31,15 11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

SB190,31,16 12. Assess and collect fees;

SB190,31,19 13. Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times:

SB190,31,20 a. The commission shall avoid any appearance of impropriety; and

SB190,31,21 b. The commission shall avoid any appearance of conflict of interest;

SB190,31,23 14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;

SB190,32,2 15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

SB190,32,3 16. Establish a budget and make expenditures;

SB190,32,4 17. Borrow money in a fiscally responsible manner;

SB190,32,8 18. Appoint committees, including standing committees, composed of commissioners state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;

SB190,32,10 19. Provide and receive information from, and cooperate with, law enforcement agencies;

SB190,32,13 20. Establish and elect an executive committee, including a chair, vice-chair, secretary, treasurer, and such other offices as the commission shall establish by rule or bylaw;

SB190,32,15 21. Enter into contracts or arrangements for the management of the affairs of the commission;

SB190,32,18 22. Determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact; and

SB190,32,20 23. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.

SB190,32,23 (d) The executive committee. 1. The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee shall include:

SB190,33,2 a. Overseeing the day-to-day activities of the administration of the compact, including enforcement and compliance with the provisions of the compact, its rules and bylaws, and other such duties as deemed necessary;

SB190,33,5 b. Recommending to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees;

SB190,33,7 c. Ensuring compact administration services are appropriately provided, including by contract;

SB190,33,8 d. Preparing and recommending the budget;

SB190,33,9 e. Maintaining financial records on behalf of the commission;

SB190,33,11 f. Monitoring compact compliance of member states and providing compliance reports to the commission;

SB190,33,12 g. Establishing additional committees as necessary;

SB190,33,16 h. Exercising the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and

SB190,33,18 i. Performing other duties as provided in the rules or bylaws of the commission.

SB190,33,20 2. The executive committee shall be composed of up to 9 members, as further set forth in the bylaws of the commission:

SB190,33,22 a. Seven voting members who are elected by the commission from the current membership of the commission; and

SB190,33,23 b. Two ex-officio, nonvoting members.

SB190,34,2 3. The commission may remove any member of the executive committee as provided in the commission’s bylaws.

SB190,34,3 4. The executive committee shall meet at least annually.

SB190,34,6 a. Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, nonpublic meeting as provided in par. (f) 4. below;

SB190,34,9 b. The executive committee shall give advance notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the commission; and