SB190: Bill Text

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

SB190,34,11 c. The executive committee may hold a special meeting in accordance with par. (f) 2. below.

SB190,34,13 (e) The commission shall adopt and provide to the member states an annual report.

SB190,34,17 (f) Meetings of the commission. 1. All meetings of the commission that are not closed pursuant to subd. 4. shall be open to the public. Notice of public meetings shall be posted on the commission’s website at least 30 days prior to the public meeting.

SB190,34,23 2. Notwithstanding subd. 1., the commission may convene an emergency public meeting by providing at least 24 hours prior notice on the commission’s website, and any other means as provided in the commission’s rules, for any of the reasons it may dispense with notice of proposed rule making under sub. (9) (g). The commission’s legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.

SB190,35,3 3. Notice of all commission meetings shall provide the time, date, and location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice shall include the mechanism for access to the meeting.

SB190,35,6 4. The commission or the executive committee may convene in a closed, nonpublic meeting for the commission or executive committee to receive or solicit legal advice or to discuss:

SB190,35,7 a. Noncompliance of a member state with its obligations under the compact;

SB190,35,9 b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees;

SB190,35,11 c. Current or threatened discipline of a licensee or compact privilege holder by the commission or by a member state’s respiratory therapy licensing authority;

SB190,35,12 d. Current, threatened, or reasonably anticipated litigation;

SB190,35,14 e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

SB190,35,15 f. Accusing any person of a crime or formally censuring any person;

SB190,35,17 g. Trade secrets or commercial or financial information that is privileged or confidential;

SB190,35,19 h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

SB190,35,20 i. Investigative records compiled for law enforcement purposes;