SB805,,204 (d) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a licensee’s home state to take adverse action against a licensee’s multistate license based upon information provided by a remote state.

SB805,,205 (e) Insofar as practical, a member state’s licensing authority shall cooperate with the commission and with each entity exercising independent regulatory authority over the practice of massage therapy according to the provisions of this compact.

SB805,,206 (6) Article 6 - adverse actions. (a) A licensee’s home state shall have exclusive power to impose an adverse action against a licensee’s multistate license issued by the home state.

SB805,,207 (b) A home state may take adverse action on a multistate license based on the investigative information, current significant investigative information, or adverse action of a remote state.

SB805,,208 (c) A home state shall retain authority to complete any pending investigations of a licensee practicing under a multistate license who changes their home state during the course of such an investigation. The licensing authority shall also be empowered to report the results of such an investigation to the commission through the data system as described herein.

SB805,,209 (d) Any member state may investigate actual or alleged violations of the scope of practice laws in any other member state for a massage therapist who holds a multistate license.

SB805,,210 (e) A remote state shall have the authority to:

SB805,,211 1. Take adverse actions against a licensee’s authorization to practice;

SB805,,212 2. Issue cease and desist orders or impose an encumbrance on a licensee’s authorization to practice in that state.

SB805,,213 3. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before it. The issuing licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

SB805,,214 4. If otherwise permitted by state law, recover from the affected licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.

SB805,,215 5. Take adverse action against the licensee’s authorization to practice in that state based on the factual findings of another member state.

SB805,,216 (f) If an adverse action is taken by the home state against a licensee’s multistate license or single-state license to practice in the home state, the licensee’s authorization to practice in all other member states shall be deactivated until all encumbrances have been removed from such license. All home state disciplinary orders that impose an adverse action against a licensee shall include a statement that the massage therapist’s authorization to practice is deactivated in all member states during the pendency of the order.

SB805,,217 (g) If adverse action is taken by a remote state against a licensee’s authorization to practice, that adverse action applies to all authorizations to practice in all remote states. A licensee whose authorization to practice in a remote state is removed for a specified period of time is not eligible to apply for a new multistate license in any other state until the specific time for removal of the authorization to practice has passed and all encumbrance requirements are satisfied.

SB805,,218 (h) Nothing in this compact shall override a member state’s authority to accept a licensee’s participation in an alternative program in lieu of adverse action. A licensee’s multistate license shall be suspended for the duration of the licensee’s participation in any alternative program.

SB805,,219 (i) Joint investigations. 1. In addition to the authority granted to a member state by its respective scope of practice laws or other applicable state law, a member state may participate with other member states in joint investigations of licensees.

SB805,,220 2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

SB805,,221 (7) Article 7 - active military member and their spouses. Active military member, or their spouses, shall designate a home state where the individual has a current license to practice massage therapy in good standing. The individual may retain their home state designation during any period of service when that individual or their spouse is on active duty assignment.

SB805,,222 (8) Article 8 - establishment and operation of Interstate Massage 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 Interstate Massage Compact Commission. The commission is an instrumentality of the compact 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. (12).

SB805,,223 (b) Membership, voting, and meetings. 1. Each member state shall have and be limited to one (1) delegate selected by that member state’s state licensing authority.

SB805,,224 2. The delegate shall be the primary administrative officer of the state licensing authority or their designee.

SB805,,225 3. The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.

SB805,,226 4. The commission may recommend removal or suspension of any delegate from office.

SB805,,227 5. A member state’s State licensing authority shall fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy.

SB805,,228 6. Each delegate shall be entitled to one vote on all matters that are voted on by the commission.

SB805,,229 7. The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference or other similar electronic means.

SB805,,230 (c) The commission shall have the following powers:

SB805,,231 1. Establish the fiscal year of the commission;

SB805,,232 2. Establish code of conduct and conflict of interest policies;