AB193: Bill Text

AB193,47,11 (j) Enforcement. 1. By majority vote, as may be further provided by rule, the commission may initiate legal action against a member state in default in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. A member state by enactment of this compact consents to venue and jurisdiction in such court for the purposes set forth herein. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state’s law.

AB193,47,18 2. A member state may initiate legal action against the commission in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

AB193,47,20 3. No person other than a member state shall enforce this compact against the commission.

AB193,47,23 (11) Effective date, withdrawal, and amendment. (a) The compact shall come into effect on the date on which the compact statute is enacted into law in the 7th member state (“effective date”).

AB193,48,3 1. On or after the effective date of the compact, the commission shall convene and review the enactment of each of the first 7 member states (“charter member states”) to determine if the statute enacted by each such charter member state is materially different than the model compact.

AB193,48,6 a. A charter member state whose enactment is found to be materially different from the model compact shall be entitled to the default process set forth in sub. (10).

AB193,48,10 b. If any member state is later found to be in default, or is terminated or withdraws from the compact, the commission shall remain in existence and the compact shall remain in effect even if the number of member states should be less than 7.

AB193,48,14 2. Member states enacting the compact subsequent to the 7 initial charter member states shall be subject to the process set forth herein and commission rule to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact.

AB193,48,22 3. All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission. The commission shall own and have all rights to any intellectual property developed on behalf or in furtherance of the commission by individuals or entities involved in organizing or establishing the commission, as may be further set forth in rules of the commission.

AB193,49,3 4. Any state that joins the compact subsequent to the commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the date the compact becomes law in that state.

AB193,49,5 (b) Any member state may withdraw from this compact by enacting a statute repealing the same.

AB193,49,7 1. A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.

AB193,49,11 2. Withdrawal shall not affect the continuing requirement of the withdrawing state’s respiratory therapy licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.

AB193,49,17 3. Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of such withdrawal to all licensees and compact privilege holders (of which the commission has a record) within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.

AB193,49,21 (c) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.

AB193,49,24 (d) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

AB193,50,6 (12) Construction and severability. (a) This compact and the commission’s rule-making authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission’s rule-making authority solely for those purposes.

AB193,50,14 (b) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.

AB193,50,22 (c) Notwithstanding par. (b), the commission may deny a state’s participation in the compact or, in accordance with the requirements of sub. (10), terminate a member state’s participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

AB193,51,2 (13) Consistent effect and conflict with other state laws. (a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact.

AB193,51,5 (b) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict, including any subsequently enacted state laws.

AB193,51,7 (c) All permissible agreements between the commission and the member states are binding in accordance with their terms.

AB193,51,9 (d) Other than as expressly set forth herein, nothing in this compact will impact initial licensure.

AB193,51,11 448.9887 Implementation of the respiratory care interstate compact. (1) In this section:

AB193,51,13 (a) “Compact” means the respiratory care interstate compact under s. 448.9886.

AB193,51,15 (b) “Compact privilege” means a compact privilege, as defined in s. 448.9886 (2) (h), that is granted under the compact to an individual to practice in this state.

AB193,51,17 (2) The department may impose a fee for an individual to receive a compact privilege as provided in s. 448.9886 (3) (b).

AB193,51,19 (3) (a) An individual who holds a compact privilege shall comply with s. 440.03 (13) (am).

AB193,51,23 (b) Subject to s. 448.9886 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who holds a compact privilege in the same manner that they apply to holders of certificates issued under subch. II.

AB193,43 Section 43. 990.01 (28) of the statutes is amended to read:

AB193,52,3 990.01 (28) Physician, surgeon or osteopath. “Physician,” “surgeon” or “osteopath” means a person holding a license or certificate of registration to practice medicine and surgery from the medical examining board.

AB193,44 Section 44. Effective dates. This act takes effect on the day after publication, except as follows:

AB193,52,6 (1) The repeal and recreation of s. 448.02 (3) (a) takes effect on March 1, 2026.

AB193,52,7 (end)