S 4113

SENATE, No. 4113
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 4, 2026
Sponsored by:
Senator� PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Senator� GORDON M. JOHNSON
District 37 (Bergen)
Assemblyman� DAN HUTCHISON
District 4 (Atlantic, Camden and Gloucester)
Assemblyman� ROBERT J. KARABINCHAK
District 18 (Middlesex)
Assemblywoman� CAROL A. MURPHY
District 7 (Burlington)
Co-Sponsored by:
Assemblymen Scharfenberger, Walker, Sampson, Assemblywomen
Drulis, Swain, Assemblymen Tully and Miller
SYNOPSIS
���� Enters NJ into Athletic Trainer Compact.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act concerning the Athletic Trainer Compact and
supplementing Title 45 of the Revised Statutes.
���� Be It
Enacted by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� This statute shall be
known and cited as the �Athletic Trainer Compact.�
ARTICLE
1: Purpose and Objectives
���� a.� The purposes of this
compact are to expand mobility of athletic training practice and improve public
access to services by providing qualified licensed athletic trainers the
ability to practice in other member states. This compact preserves the
regulatory authority of states to protect public health and safety through the
current system of state licensure.
���� b.��� This compact is designed
to achieve the following objectives:
���� (1)� increase public access to
athletic training and enhance continuity of care by providing for the mutual
recognition of other licenses issued by member states;
���� (2)� provide an additional
streamlined opportunity for interstate practice by licensed athletic trainers
who meet compact uniform requirements;
���� (3)� promote mobility and
workforce development by eliminating the necessity for licenses in multiple states
by providing for the mutual recognition of other licenses issued by member states;
���� (4)� reduce administrative
burdens on licensed athletic trainers and member states;
���� (5)� enhance the states�
ability to protect the public�s health and safety;
(6)� encourage the
cooperation of member states in regulating interstate practice of licensed athletic
trainers;
���� (7)� support relocating active
military members and their spouses;
���� (8)� enhance the exchange of
licensure, investigative, and disciplinary information among member states;
���� (9)� allow for the use of
telehealth to facilitate increased access to athletic training services;
���� (10) support the uniformity of
licensed athletic trainer licensure requirements throughout the states;
���� (11) affirm the authority of
all member states to hold a licensed athletic trainer accountable for abiding
by the scope of practice in the state in which the patient is located at the
time of care; and
���� (12) require adherence to the model
compact language in order to promote uniformity and ensure that all member states
have accepted and are mutually obligated to the same terms.
ARTICLE
II: Definitions
���� As used in this compact,
unless the context requires otherwise, the following definitions shall apply:
���� �Active military member� means
any individual with full-time duty status in the active armed forces of the
United States, including members of the National Guard and Reserve.
���� �Adverse action� means any
administrative, civil, equitable or criminal action permitted by a state�s laws
which is imposed by a licensing authority or other authority against a licensee,
including actions against an individual�s license or compact privilege including
revocation, suspension, probation, monitoring of the licensee, limitation on
the licensee�s practice, or any other encumbrance on licensure affecting a licensee�s
authorization to practice.
���� �Alternative program� means a
non-disciplinary monitoring or practice remediation process applicable to an athletic
trainer approved by a state licensing authority of a member state in which the athletic
trainer is licensed.� This includes, but is not limited to, programs to which licensees
with substance use, addiction, or mental health conditions are referred in lieu
of adverse action.
���� �Athletic training� means the
prevention, examination, assessment, treatment and rehabilitation of emergent,
acute or chronic injuries and medical conditions as defined by applicable member
state laws and regulations.
���� �Athletic trainer compact commission�
or �compact commission� means the government agency whose membership consists
of all states that have enacted this compact, as described herein and which
shall operate as an instrumentality of the member states to administer and
implement the compact according to its terms.
���� �BOC� means the Board of
Certification, Inc. or any successor organization thereto.
���� �CAATE� means the Commission
on Accreditation of Athletic Training Education or any successor organization
thereto.
���� �Charter member state� means
any member state which enacted and made effective this compact by law before
the compact effective date specified herein.
���� �Commissioner� means the
individual appointed by a member state to serve as the member of the commission
for that member state.
���� �Compact privilege� means the
legal authorization granted by a remote state, equivalent to a license,
allowing a licensee from another member state to provide athletic training
services in a remote state.
���� �Compact qualifying license�
means a license that is not an encumbered license issued by a member state to
practice athletic training which qualifies the licensee to exercise a compact privilege
pursuant to Article IV of this compact.
���� �Continuing competence� means
a requirement, as a condition of license renewal, to provide evidence of
successful participation, and completion of, educational and professional
activities relevant to the practice or area of work.� For purposes of this
compact, evidence of active BOC certification may satisfy the meaning of continuing
competence as set forth herein.
���� �Current significant investigative
information� means the existence of:
���� a.��� investigative information
that a licensing authority, after a preliminary inquiry that includes
notification and an opportunity for the subject licensee to respond, if required
by state law, has reason to believe is not groundless and, if proven true,
indicates more than a minor infraction; or
���� b.��� investigative information
that indicates that the subject licensee represents an immediate threat to
public health and safety regardless of whether the subject licensee has been
notified and had an opportunity to respond.
���� �Criminal background check�
means the submission of fingerprints or other biometric-based information for a
license applicant for the purpose of obtaining the applicant�s criminal history
record information from the Federal Bureau of Investigation and the State
Bureau of Identification in the Division of State Police.
���� �Data system� means the commission�s
repository of information about licensees, including but not limited to
examination, licensure, investigative information, compact privilege, adverse action,
and alternative programs.
���� �Encumbrance� or �encumbered�
means a revocation or suspension of, or any limitation or condition on, the
full and unrestricted practice of athletic training.
���� �Executive committee� means a
group of commissioners elected or appointed to act on behalf of, and within the
powers granted to them by, the compact and commission.
���� �Investigative information�
means information, records, and documents received or generated by a licensing authority
pursuant to an investigation.
���� �Jurisprudence requirement�
means the assessment of an individual�s knowledge of the laws and rules
governing the practice of athletic training, as applicable, in a state.
���� �License� means current
authorization by a member state to engage in the practice of athletic training.
���� �Licensee� or �licensed athletic
trainer� means an individual who currently holds an active, unrestricted license
and who meets all of the requirements outlined in Article IV of this compact.
���� �Licensing authority� means
the board or agency of a state, or equivalent, that is responsible for the
licensing and regulation of athletic trainers.
���� �Model compact language� means
the model language for the Athletic Trainer Compact on file with the Council of
State Governments or other entity as designated by the commission to which all member
states shall substantively adhere and adopt.
���� �Member state� means a state
that has enacted the compact.
���� �Remote state� means a member state
other than the state of qualifying licensure.
���� �Rule� means a regulation
promulgated by an authorized entity that has the force of law.
���� �Scope of practice� means the
procedures, actions, and processes an athletic trainer licensed in a state is
permitted to undertake in that state and the circumstances under which the licensee
is permitted to undertake those procedures, actions and processes.� The
procedures, actions and 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 licensing
authority or other government agency. �Scope of practice� shall include any state
requirements regarding supervision or direction, if required by a state and as
further defined by a state�s statutes and regulations.
���� �Single state license� means a
license issued by any state that authorizes practice only within the issuing state.
���� �State� means any state,
commonwealth, district, or territory of the United States of America.
���� �State of qualifying licensure�
means the member state who has issued a compact qualifying license to a licensee
pursuant to this compact.
���� �Unencumbered license� means a
license that authorizes a licensee to engage in the full and unrestricted
practice of athletic training.
ARTICLE
III: Member State Requirements
���� a.� To be eligible to join
this compact and to maintain eligibility as a member state, a state shall:
���� (1)� enact and maintain a
statute that is not materially different from the model compact language;
���� (2)� license and regulate the
practice of athletic training;
���� (3)� require that licensees in
that state maintain continuing competence standards as part of their state
practice act or rules;
���� (4)� have a mechanism in place
for receiving and investigating complaints about licensees;
���� (5)� grant the compact privilege
to a licensee who meets all the requirements outlined in Article IV in
accordance with the terms of the compact and any rules promulgated thereunder;
���� (6)� participate fully in the compact
commission�s data system, including using the unique identifier as defined in rules;
���� (7)� notify the compact commission,
in compliance with the terms of the compact and rules, of any adverse action or
the availability of current significant investigative information regarding a licensee;
���� (8)� within a timeframe
established by rule, implement or utilize procedures for considering the
criminal history records of applicants for a compact qualifying license which
includes receiving the results of the Federal Bureau of Investigation record
search and shall use those results in making licensure decisions.� These
procedures shall include the submission of fingerprints or other
biometric-based information by applicants for the purpose of obtaining an
applicant�s criminal history record information from the Federal Bureau of
Investigation and the State Bureau of Identification in the Division of State
Police;
���� (a)�� a member state shall
fully implement a criminal background check requirement in order to participate
in the issuance and acceptance of compact privileges.
���� (b)� communication between a member
state and the compact commission or among member states regarding the
verification of eligibility for licensure through the compact shall not include
any information received from the Federal Bureau of Investigation relating to a
federal criminal records check performed by a member state; and
���� (9)� comply with and enforce
the rules of the compact commission.
���� b.��� Member states may set
and collect a fee for issuance and renewal of a compact privilege to
applicants.
���� c.��� Individuals without a compact
qualifying license shall continue to be able to apply for a member state�s single-state
license as provided under the laws of each member state.
���� d.��� Nothing in this compact
shall affect the requirements established by a member state for the issuance of
a single state license.
���� e.��� A compact qualifying license
shall be recognized by each remote state as authorizing that licensee to engage
in the practice of athletic training, under a compact privilege, in another member
state in accordance with the requirements in Article IV.
ARTICLE
IV: Multistate License Eligibility
���� a.� To be eligible for a compact
privilege under the terms and provisions of the compact, the licensee shall
complete a criminal background check performed by the licensing authority in
the state of qualifying licensure prior to entry in the compact and shall:
���� (1)� satisfy one of the
following two pathways:
���� (a)�� hold a valid current
active certification through the BOC, or its successor organization;
���� (b)� if a licensee does not
meet the requirements of subparagraph (a) of this paragraph, the following shall
be completed:
���� (i)�� a bachelor�s degree with
a major course of study in athletic training, or an equivalent course of study
from a college or university accredited at the time of graduation by CAATE, or
its successor organization;
���� (ii)� an academic degree from
a college or university in a foreign country equivalent to the degree of subsubparagraph
(i) of subparagraph (b) of paragraph (1) of this subsection with a major course
of study as described in subsubparagraph (i) that is accredited by CAATE, or
its successor organization; or
���� (iii) the substantial
equivalent of subsubparagraphs (i) or (ii) of subparagraph (b) of paragraph (1)
of this subsection, which the commission may determine by rule;
���� (2)� successfully complete the
exam administered by the BOC, or its successor organization, preceding the date
of the licensee�s application for licensure in their state of qualifying licensure
or the substantial equivalent of the foregoing requirement which the commission
may determine by rule;
���� (3)� hold a compact qualifying
license;
���� (4)� have had no encumbrance
against any license or compact privilege to practice athletic training within
the previous two years;
���� (5)� be eligible for a compact
privilege in any member state in accordance with this article;
���� (6)� notify the compact commission
that the licensee is seeking the compact privilege within a remote state or various
remote states;
���� (7)� pay any applicable fees,
including any state fee, for the compact privilege;
���� (8)� meet only the continuing competence
requirements established by the state of qualifying licensure;
���� (9)� comply with any
requirements of the state of qualifying licensure as set forth in Article III;
���� (10)  �meet any jurisprudence requirements
established by the remote state or states in which the licensee is seeking a compact
privilege; and
���� (11)  �report to the compact commission
any adverse action, encumbrance, or restriction on a license taken by any non-member
state within 30 days from the date the action is taken.
���� b.��� The compact privilege is
valid until the expiration date of the compact qualifying license. To maintain
a compact privilege, renewal of the compact privilege shall be congruent with
the renewal of the compact qualifying license as the compact commission may
define by rule.� The licensee shall comply with the requirements of this article
to maintain the compact privilege in the remote state.� A licensee may apply for
and hold compact privileges in multiple member states.
���� c.��� A licensed athletic trainer
shall follow the scope of practice of the member state where the patient is
located.� A licensee engaging in the practice of athletic training in a remote state
under the compact privilege shall adhere to the scope of practice laws and regulations
of the remote state.� Licensees shall be responsible for educating themselves on,
and complying with, any and all scope of practice laws and regulations relating
to the remote practice of athletic training, as applicable.
���� d.��� A licensee engaging in
the practice of athletic training in a remote state is subject to that state�s
regulatory authority.� A remote state may, in accordance with due process and that
state�s laws, remove a licensee�s compact privilege in the remote state for a specific
period of time, impose fines, or take any other necessary actions to protect
the health and safety of its citizens.� Any member state which undertakes this
action shall promptly notify the member state and the commission as specified
in the rules.� The licensee may be deemed to be ineligible to exercise the compact
privilege by any member state until the specific time for removal has passed
and all fines are paid.
���� e.��� All member state
disciplinary orders that impose adverse action against a compact qualifying license
shall result in deactivation of the licensee�s compact privilege in all member states
during the pendency of the order.� If a compact qualifying license is encumbered,
the licensee shall lose the compact privilege in any remote state until the following
occur:
���� (1)� the compact qualifying license
is no longer encumbered; and
���� (2)� the licensee has not had
any encumbrance or restriction against any license, compact qualifying license
or compact privilege within the previous two years.
���� f.���� Once an encumbered license
is restored to good standing as a compact qualifying license, as certified by
the licensing authority, the licensee shall meet the requirements of this article
to obtain a compact privilege in any remote state.
���� g.��� If a licensee�s compact privilege
in any remote state is removed, that licensee may also lose the compact privilege
in other remote states, as each member state shall determine in its sole
authority, until the following occur:
���� (1)� the specific period of
time for which the compact privilege was removed has ended;
���� (2)� all fines have been paid;
and
���� (3)� have not had any encumbrance
or restriction against any license or compact privilege within the previous two
years.
���� h.��� Once the requirements of
subsection g. of this article have been met, the licensee shall meet the requirements
in subsection a. of this article to obtain a compact privilege in a remote state.
ARTICLE
V:� Qualifying License
���� a.� A licensee may only
designate one license as their compact qualifying license at a time.� The
procedures for this designation may be further defined by compact commission rule.
���� b.��� Nothing in this article shall
require that the state of qualifying licensure be the state of primary
residence or state of primary practice for the licensee.
���� c.��� Nothing in this compact
shall interfere with a licensee�s ability to hold a single state license in
multiple states.
���� d.��� Nothing in this compact
shall affect the requirements established by a member state for the issuance of
a single state license.
ARTICLE
VI:� Active Military Members and Spouses
���� An active military member or
their spouse shall not be required to pay a fee to the commission for a compact
privilege.� If a member state chooses to charge a member state fee, it may
choose to charge a reduced fee or no fee to an active military member or their
spouse for a compact privilege.
ARTICLE
VII:� Adverse Actions
���� a. �A member state in which a licensee
is issued a compact qualifying license shall have the exclusive authority to
impose adverse action against the compact qualifying license issued by that member
state.
���� b.��� A member state may take adverse
action based on current significant investigative information of a remote state,
so long as the member state follows its own procedures for imposing adverse action.
���� 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 the participation shall remain
non-public if required by the member state�s laws or rules.
���� d.��� A remote state shall
have the authority to:
���� (1)� take adverse actions as
set forth herein against a licensee�s compact privilege in that state; and
���� (2)� issue subpoenas for both
hearings and investigations that require the attendance and testimony of
witnesses as well as the production of evidence.
���� (a)�� Subpoenas may be issued
by a member state athletic training licensing authority for the attendance and
testimony of witnesses and the production of evidence.
���� (b)� A member state which
issues a subpoena may request service of that subpoena by another member state.
The member state receiving the request to serve a subpoena shall serve the
subpoena if it is deemed enforceable by a court of competent jurisdiction
according to the practice and procedure in the receiving member state.
���� (c)�� 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.
���� e.��� For purposes of taking adverse
action, a member state shall give the same priority and effect to reported
conduct received from another member state as it would if the conduct had
occurred within that state.� In so doing, the investigating member state shall
apply its
own state laws to determine
appropriate action.
���� f.���� A member state, if
otherwise permitted by state law, may recover from the affected licensee the
costs of investigations and dispositions of cases resulting from any adverse action
taken against that licensee.
���� g.��� (1) In addition to the
authority granted to a member state by its respective state law, any member state
may participate with other member states in joint investigations of licensees.
���� (2)� Member States shall share
any current significant investigative information, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated
under the compact.� In sharing this information between member state athletic trainer
licensing authorities, all information obtained shall be kept confidential,
except as otherwise mutually agreed upon by the sharing and receiving member states.
���� (3)� A remote state may issue
subpoenas on behalf of a member state for both hearings and investigations that
require the attendance and testimony of witnesses as well as the production of
evidence.
���� h.��� If a member state takes adverse
action, it shall promptly notify the administrator of the data system.� The
administrator of the data system shall promptly notify all member states of any
adverse actions by remote states.
���� i.���� 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 occurring in another member
state that was legal in the member state at the time it was undertaken.
ARTICLE VIII:� Establishment and Operation of the 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 Athletic
Trainer Licensure Compact Commission.� The compact commission is an instrumentality
of the member states acting jointly and not an instrumentality of any one state.�
The compact commission shall come into existence on or after the effective date
of the compact as set forth in Article XII.
���� b. (1) Each member state shall
have and be limited to one commissioner selected by that member state�s licensing
authority within 60 days of the member state�s effective date.
���� (2)� The commissioner shall be
an administrator or their designated staff or current board member of the licensing
authority.
���� (3)� The compact commission
may recommend removal or suspension of any commissioner from office.
���� (4)� A member state�s licensing
authority shall fill any vacancy of its commissioner occurring on the compact commission
within 60 days of the vacancy.
���� (5)� Each commissioner shall
be entitled to one vote on all matters before the compact commission requiring
a vote by the commissioners.
���� (6)� The compact commission
shall meet at least once during each calendar year.� Additional meetings may be
held as set forth in the commission bylaws.� A commissioner shall vote in
person or by other means as provided in the bylaws.� The bylaws may provide for
commissioners to meet by telecommunication, videoconference, or other means of
communication.
���� c.��� The compact commission
shall have the following powers:
���� (1)� promulgate, adopt, and
amend rules and bylaws;
���� (2)� establish code of
conduct, confidentiality, and conflict of interest policies for commissioners;
���� (3)� establish the fiscal year
of the compact commission;
���� (4)� maintain
its financial records in accordance with the bylaws; (5) purchase and maintain
insurance and insurance bonds;
���� (6)� accept, or contract for
services of personnel, including, but not limited to, employees of a member state;
���� (7)� conduct a financial
review or audit;
���� (8)� hire employees, elect or
appoint officers, fix compensation, define duties, grant the individuals
appropriate authority to carry out the purposes of the compact, and establish
the compact commission�s personnel policies and programs relating to conflicts
of interest, qualifications of personnel, and other related personnel matters;
���� (9)� enter into contracts or
arrangements for the management of the affairs of the commission;
���� (10)  �assess and collect
fees;
���� (11) ���������� �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 the compact commission shall avoid any
appearance of impropriety or conflict of interest;
���� (12) �lease, purchase, retain,
own, hold, improve, invest, or use any property, real, personal, or mixed, or
any undivided interest therein;
���� (13) �sell, convey, mortgage,
pledge, lease, exchange, abandon, or otherwise dispose of any property real,
personal, or mixed;
���� (14)� establish a budget and
make expenditures;
���� (15) �borrow and invest money;
���� (16)  �meet and take any
actions as are consistent with the provisions of this compact, the compact commission�s
rules, and the bylaws;
���� (17) �initiate and conclude
legal proceedings or actions in the name of the compact commission, provided
that the standing of any licensing authority to sue or be sued under applicable
law shall not be affected;
���� (18) � maintain and certify
records and information provided to a member state as the authenticated
business records of the compact commission, and designate an agent to do so on
the compact commission�s behalf;
���� (19) � provide and receive
information from, and cooperate with, law enforcement agencies;
���� (20)� determine whether a state�s
adopted language is materially different from the model compact language so
that the state would not qualify for participation in the compact;
���� (21) �establish and elect an executive
committee, including a chair and a vice chair, secretary, treasurer, and other
offices as the commission shall establish by rule or bylaw;
���� (22) � appoint committees,
including standing committees, composed of member state commissioners, state
regulators, state legislators or their representatives, and consumer
representatives, and any other interested persons as may be designated in this
compact and the bylaws; and
���� (23)� perform other functions
as may be necessary or appropriate to achieve the purposes of this compact.
���� d.��� (1)������ The executive committee
shall have the power to act on behalf of the compact commission according to
the terms of this compact. The powers, duties, and responsibilities of the executive
committee shall include:
���� (a)� exercise the powers and
duties of the compact commission during the interim between compact commission
meetings, except for adopting or amending rules, adopting or amending bylaws,
and exercising any other powers and duties expressly reserved to the compact commission
by rule or bylaw;
���� (b)� oversee 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 duties as deemed necessary;
���� (c)�� recommend to the compact
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;
���� (d)� ensure compact
administration services are appropriately provided, including by contract;
���� (e)�� prepare and recommend
the budget;
���� (f)�� maintain financial
records on behalf of the compact commission;
���� (g)� monitor compact
compliance of member states and provide compliance reports to the compact commission;
���� (h)� establish additional
committees as necessary; and
���� (i)�� other duties as provided
in the rules or bylaws of the compact commission.
���� (2)� The executive committee
shall be composed of five voting members, elected by the compact commission:
���� (a)�� The chair and vice chair
of the compact commission, shall be voting members of the executive committee;
���� (b)� The compact commission
shall elect up to three additional voting members from the current membership
of the compact commission to include the offices of treasurer, secretary, and
one member-at-large; and
���� (c)�� up to four ex-officio,
nonvoting members from recognized national athletic trainer organizations.
���� (3)� The compact commission
may remove any member of the executive committee as provided in the compact commission�s
bylaws.
���� (4)� The executive committee
shall meet at least annually.
���� (a)� Executive committee
meetings shall be open to the public, except that the executive committee may
meet in a closed, non-public meeting as provided in this article;
���� (b)� The executive committee
shall give advance notice of its meetings, posted on its website and as
determined by rule or bylaw to provide notice to persons with an interest in
the business of the compact commission;
���� (c)�� The executive committee
may hold a special meeting in accordance with this article.
���� e. The compact commission
shall adopt and provide to the member states an annual report.
���� f.���� (1)� All meetings shall
be open to the public, except that the compact commission may meet in a closed,
non-public meeting as provided in this article.
���� (2)� Public notice for all
meetings of the full compact commission of meetings shall be given in the same
manner as required under the rulemaking provisions in this compact, except that
the compact commission may hold a special meeting as provided in this article.
���� (3)� The compact commission
may hold a special meeting when it shall meet to conduct emergency business by
giving 24-hours� notice to all commissioners, on the compact commission�s
website, and other means as provided in the compact commission�s rules.� The compact
commission�s legal counsel shall certify that the compact commission�s need to
meet qualifies as an emergency.
���� (4)� The compact commission or
the executive committee or other committees of the compact commission may
convene in a closed, non-public meeting for the compact commission or executive
committee or other committees of the compact commission to receive legal advice
or to discuss:
���� (a)�� non-compliance of a member
state with its obligations under the compact;
���� (b)� the employment,
compensation, discipline or other matters, practices or procedures related to
specific employees;
���� (c) �current or threatened
discipline of a licensee by a member state�s licensing authority;
���� (d)� current, threatened, or
reasonably anticipated litigation;
���� (e)�� negotiation of contracts
for the purchase, lease, or sale of goods, services, or real estate;
���� (f)�� accusing any person of a
crime or formally censuring any person;
���� (g)� trade secrets or
commercial or financial information that is privileged or confidential;
���� (h)� information of a personal
nature where disclosure would constitute a clearly unwarranted invasion of
personal privacy;
���� (i)�� investigative records
compiled for law enforcement purposes;
���� (j)�� information related to
any investigative reports prepared by or on behalf of or for use of the compact
commission or other committee charged with responsibility of investigation or
determination of compliance issues pursuant to the compact;
���� (k)� matters specifically
exempted from disclosure by federal or member state law; or
���� (l)�� other matters as
specified in rules of the compact commission.
���� (5)� If a meeting, or portion
of a meeting, is closed, the compact commission�s legal counsel or designee
shall certify that the meeting will be closed and reference each relevant
exempting provision, and the reference shall be recorded in the minutes.� All
minutes and documents of a closed meeting shall remain under seal, subject to
release only by a majority vote of the compact commission or order of a court
of competent jurisdiction.
���� g. �(1)� The compact commission
shall pay, or provide for the payment of, the reasonable expenses of its
establishment, organization, and ongoing activities.
���� (2)� The compact commission
may accept any and all appropriate revenue sources as provided in this article.
���� (3)� The compact commission
may levy on and collect an annual assessment from each member state and impose
fees on licensees of member states to whom it grants a compact privilege to
cover the cost of the operations and activities of the compact commission and
its staff, which shall be in a total amount sufficient to cover its annual
budget as approved each year for which revenue is not provided by other sources.�
The aggregate annual assessment amount for member states shall be allocated
based upon a formula that the compact commission shall promulgate by rule.
���� (4)� The compact commission
shall not incur obligations of any kind prior to securing the funds or a loan
adequate to meet the same; nor shall the compact commission pledge the credit
of any of the member states, except by and with the authority of the member state.
���� (5)� The compact commission
shall keep accurate accounts of all receipts and disbursements.� The receipts
and disbursements of the compact commission shall be subject to the financial
review or audit and accounting procedures established under its bylaws.� However,
all receipts and disbursements of funds handled by the compact commission shall
be subject to an annual financial review or audit by a certified or licensed
public accountant, and the report of the financial review or audit shall be included
in and become part of the annual report of the compact commission.
���� h.��� (1)� The members,
officers, executive director, employees and representatives of the compact commission
shall be immune from suit and liability, both personally and in their official
capacity, for any claim for damage to or loss of property or personal injury or
other civil liability caused by or arising out of any actual or alleged act, error,
or omission that occurred, or that the person against whom the claim is made had
a reasonable basis for believing occurred within the scope of compact commission
employment, duties or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit or liability for any damage,
loss, injury, or liability caused by the intentional or willful or wanton misconduct
of that person.� The procurement of insurance of any type by the compact commission
shall not in any way compromise or limit the immunity granted hereunder.
���� (2)� The compact commission
shall defend any member, officer, executive director, employee, and
representative of the compact commission in any civil action seeking to impose
liability arising out of any actual or alleged act, error, or omission that occurred
within the scope of compact commission employment, duties, or responsibilities,
or as determined by the compact commission that the person against whom the
claim is made had a reasonable basis for believing occurred within the scope of
compact commission employment, duties, or responsibilities; provided that nothing
herein shall be construed to prohibit that person from retaining their own counsel
at their own expense; and provided further, that the actual or alleged act, error,
or omission did not result from that person�s intentional or willful or wanton misconduct.
���� (3)� The compact commission
shall indemnify and hold harmless any member, officer, executive director,
employee, and representative of the compact commission for the amount of any
settlement or judgment obtained against that person arising out of any
actual or alleged act, error, or
omission that occurred within the scope of compact commission employment,
duties, or responsibilities, or that the person had a reasonable basis for
believing occurred within the scope of compact commission employment, duties,
or responsibilities, provided that the actual or alleged act, error, or
omission did not result from the intentional or willful or wanton misconduct of
that person.
���� (4)� Nothing herein shall be
construed as a limitation on the liability of any licensee for professional
malpractice or misconduct, which shall be governed solely by any other applicable
state laws.
���� (5)� Nothing in this compact
shall be interpreted to waive or otherwise abrogate a member state�s state
action immunity or state action affirmative defense with respect to antitrust
claims under the Sherman Act of 1890 (15 U.S.C. s.1 et seq.), the Clayton Antitrust
Act of 1914 (15 U.S.C. s.12 et al.), or any other state or federal antitrust or
anticompetitive law or regulation.
���� (6)� Nothing in this compact
shall be construed to be a waiver of sovereign immunity by the member states or
by the compact commission.
ARTICLE
IX: Data System
���� a. The commission shall
provide for the development, maintenance, operation, and utilization of a
coordinated data system and reporting system containing licensure, compact privileges,
adverse action, and the presence of current significant investigative information
on all licensees and applicants for a license in member states.
���� b. Notwithstanding any other
provision of state law to the contrary, a member state shall submit a uniform
data set to the data system on all licensees, applicants, and others to whom
this compact is applicable as required by the rules of the compact commission,
including:
���� (1)� personally identifying
information;
���� (2)� licensure data;
���� (3)� adverse actions against a
licensee, license applicant or compact privilege and information related
thereto;
���� (4)� non-confidential
information related to alternative program participation, the beginning and
ending dates of the participation, and other information related to the
participation;
���� (5)� any denial of an
application for licensure, and the reasons for the denial, excluding the
reporting of any criminal history record information where prohibited by law;
���� (6)� a binary determination
regarding the presence of current significant investigative information; and
���� (7)� other information that
may facilitate the administration of this compact or the protection of the
public, as determined by the rules of the commission.
���� c.��� The records and
information provided to a member state pursuant to this compact or through the data
system, when certified by the commission or an agent thereof, shall constitute
the authenticated business records of the commission, and shall be entitled to
any associated hearsay exception in any relevant judicial, quasi-judicial or administrative
proceedings in a member state.
���� d.��� Current significant investigative
information pertaining to a licensee in any member state will only be available
to other member states.
���� e.��� It is the responsibility
of the member states to monitor the data system to determine whether adverse action
has been taken against a licensee or license applicant.� Adverse action
information pertaining to a licensee or license applicant in any member���������� state
will be available to any other member state.
���� f.���� Member states
contributing information to the data system may designate information that may
not be shared with the public without the express permission of the
contributing state.
���� g.��� Any information
submitted to the data system that is subsequently expunged pursuant to federal
law or the laws of the member state contributing the information shall be
removed from the data system.
ARTICLE
X: Rulemaking
���� a.��� The compact commission
shall promulgate reasonable rules in order to effectively and efficiently
implement and administer the purposes and provisions of the compact.� A rule shall
be invalid and have no force or effect only if a court of competent
jurisdiction holds
that the rule is invalid because
the compact commission exercised its rulemaking authority in a manner that is
beyond the scope and purposes of the compact, or the powers granted hereunder,
or based upon another applicable standard of review.
���� b.��� The rules of the compact
commission shall have the force of law in each member state, provided however
that where the rules conflict with the laws or regulations of a member state
that relate to the scope of practice a licensed athletic trainer is permitted
to undertake in that state and the circumstances under which they may do so, as
held by a court of competent jurisdiction, the rules of the compact commission
shall be ineffective in that state to the extent of the conflict.
���� c.��� The compact commission
shall exercise its rulemaking powers pursuant to the criteria set forth in this
section and the rules adopted thereunder.� Rules of this compact shall become
binding on the day following adoption or as of the date specified in the rule
or amendment, whichever is later.
���� d.��� If a majority of the
legislatures of the member states rejects a rule or portion of a rule, by
enactment of a statute or resolution in the same manner used to adopt the compact
within four years of the date of adoption of the rule, then the rule shall have
no further force and effect in any member state.
���� e.��� Rules shall be adopted
at a regular or special meeting of the compact commission.
���� f.���� Prior to adoption of a
proposed rule, the compact commission shall hold a public hearing and allow
persons to provide oral and written comments, data, facts, opinions, and
arguments.� At least 30 days in advance of the public hearing on the proposed rule,
the compact commission shall provide a notice of proposed rulemaking:
���� (1)� on the website of the compact
commission or other publicly accessible platform;
���� (2) to persons who have
requested notice of the compact commission�s notices of proposed rulemaking;
and
���� (3)� in other ways as the compact
commission may by rule specify.
���� g.��� The notice of proposed
rulemaking shall include:
���� (1)� the time, date, and
location of the public hearing at which the compact commission will hear public
comments on the proposed rule and, if different, the time, date, and location
of the meeting where the compact commission will consider and vote on the proposed
rule;
���� (2)� if the hearing is held
via telecommunication, video conference, or other electronic means, the compact
commission shall include the mechanism for access to the hearing in the notice
of proposed rulemaking;
���� (3)� the text of the proposed rule
and the reason therefor;
���� (4)� a request for comments on
the proposed Rule from any interested person; and
���� (5)� the manner in which
interested persons may submit written comments.
���� h.��� All hearings will be
recorded.� A copy of the recording and all written comments and documents
received by the compact commission in response to the proposed rule shall be
available to the public.
���� i.���� Nothing in this section
shall be construed as requiring a separate hearing on each rule.� Rules may be
grouped for the convenience of the compact commission at hearings required by
this article.
���� j.���� The compact commission
shall, by majority vote of all members, take final action on the proposed rule
based on the rulemaking record and the full text of the rule.
���� (1)� The compact commission
may adopt changes to the proposed rule provided the changes do not enlarge the
original purpose of the proposed rule.
���� (2)� The compact commission
shall provide an explanation of the reasons for substantive changes made to the
proposed rule as well as reasons for substantive changes not made that were
recommended by commenters.
���� (3)� The compact commission
shall determine a reasonable effective date for the rule.� Except for an
emergency as provided in this article, the effective date of the rule shall be
no sooner than 30 days after issuing the notice that it adopted or amended the
rule.
���� k. Upon determination that an
emergency exists, the compact commission may consider and adopt an emergency rule
with 24 hours� notice, with opportunity to comment, provided that the usual
rulemaking procedures provided in the compact and in this article shall be
retroactively applied to the rule as soon as reasonably possible, in no event
later than ninety days after the effective date of the rule.� For the purposes
of this provision, an emergency rule is one that shall be adopted immediately
in order to:
���� (1)� meet an imminent threat
to public health, safety, or welfare;
���� (2)� prevent a loss of compact
commission or member state funds;
���� (3)� meet a deadline for the
promulgation of a rule that is established by federal law or rule; or
���� (4)� protect public health and
safety.
���� l.���� The compact commission
or an authorized committee of the compact commission may direct revisions to a
previously adopted rule for purposes of correcting typographical errors, errors
in format, errors in consistency, or grammatical errors.� Public notice of any revisions
shall be posted on the website of the compact commission. The revision shall be
subject to challenge by any person for a period of 30 days after posting.� The revision
may be challenged only on grounds that the revision results in a material
change to a rule.� A challenge shall be made in writing and delivered to the compact
commission prior to the end of the notice period.� If no challenge is made, the
revision will take effect without further action.� If the revision is
challenged, the revision may not take effect without the approval of the compact
commission.
���� m.�� No member state�s
rulemaking requirements shall apply under this compact.
ARTICLE XI: Oversight, Dispute Resolution, and Enforcement
���� a. �(1) �The executive and
judicial branches of state government in each member state shall enforce this
compact and take all actions necessary and appropriate to implement the compact.
���� (2)� Except as otherwise
provided in this compact, venue is proper and judicial proceedings by or
against the compact commission shall be brought solely and exclusively in a
court of competent jurisdiction where the principal office of the compact commission
is located.� The compact commission may waive venue and jurisdictional defenses
to the extent it adopts or consents to participate in alternative dispute
resolution proceedings.� Nothing herein shall affect or limit the selection or propriety
of venue in any action against a licensee for professional malpractice, misconduct
or any other similar matter.
���� (3)� The compact commission
shall be entitled to receive service of process in any proceeding regarding the
enforcement or interpretation of the compact and shall have standing to
intervene in the proceeding for all purposes.� Failure to provide the compact commission
service of process shall render a judgment or order void as to the compact commission,
this compact, or promulgated rules.
���� b. �(1) �If the compact commission
determines that a member state has defaulted in the performance of its
obligations or responsibilities under this compact or the promulgated rules,
the commission shall provide written notice to the defaulting state.� The
notice of default shall describe the default, the proposed means of curing the
default, and any other action that the compact commission may take, and shall
offer training and specific
technical assistance regarding the default.
���� (2) �The compact commission
shall provide a copy of the notice of default to the other member states.
���� c.��� If a state in default
fails to cure the default, the defaulting state may be terminated from the
compact upon an affirmative vote of a majority of the commissioners of the member
states, and all rights, privileges and benefits conferred on that state by this
compact may
be terminated on the effective date
of termination.� A cure of the default does not relieve the offending state of
obligations or liabilities incurred during the period of default.
���� d.��� Termination of
membership in the compact shall be imposed only after all other means of securing
compliance have been exhausted.� Notice of intent to suspend or terminate shall
be given by the compact commission to the governor, the majority and minority
leaders of the defaulting state�s legislature, the defaulting state�s licensing
authority and each of the member states� licensing authority.
���� e.��� A state that has been
terminated is responsible for all assessments, obligations, and liabilities
incurred through the effective date of termination, including obligations that extend
beyond the effective date of termination.
���� f.���� Upon the termination of
a state�s membership from this compact, that state shall immediately provide
notice to all licensees within that state of the termination. The terminated state
shall continue to recognize all licenses and compact privileges granted pursuant
to this compact for a minimum of 180 days after the date of the notice of termination.
���� g.��� The compact commission
shall not bear any costs related to a state that is found to be in default or
that has been terminated from the compact, unless agreed upon in writing between
the compact commission and the defaulting state.
���� h.��� The defaulting state may
appeal the action of the compact commission by petitioning the U.S. District
Court for the District of Columbia or the federal district where the compact commission
has its principal offices. The prevailing party shall be awarded all costs of the
litigation, including reasonable attorney�s fees.
���� i.���� (1)� Upon request by a member
state, the compact commission shall attempt to resolve disputes related to the
compact that arise among member states and between member and non-member states.
���� (2)� The compact commission
shall promulgate a rule providing for both mediation and binding dispute
resolution for disputes as appropriate.
���� j.���� (1) �By two-thirds
majority vote, the compact 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 compact 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 the litigation, including reasonable attorney�s
fees.� The remedies herein shall not be the exclusive remedies of the compact commission.�
The compact commission may pursue any other remedies available under federal or
the defaulting member state�s law.
���� (2)� A member state may
initiate legal action against the compact commission in the U.S. District Court
for the District of Columbia or the federal district where the compact 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 the litigation, including
reasonable attorney�s fees.
���� (3)� No person other than a member
state shall enforce this compact against the compact commission.
ARTICLE
XII: 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
seventh member state.�
���� (1)� On or after the effective
date of the compact, the compact commission shall convene and review the
enactment of each of the first seven member states (�charter member states�) to
determine if the statute enacted and made effective by each charter member state
is materially different than the model compact statute.
���� (a) A charter member state
whose enactment is found to be materially different from the model compact language
shall be entitled to the default process set forth in Article XI.
���� (b)� If any member state is
later found to be in default, or is terminated or withdraws from the compact,
the compact commission shall remain in existence and the compact shall remain
in effect even if the number of member states should be less than seven.
���� (2)� Member states enacting
the compact subsequent to the seven initial charter member states shall be
subject to the process set forth in this article to determine if their enactments
are materially different from the model compact statute and whether they
qualify for participation in the compact.
���� (3)� All actions taken for the
benefit of the compact commission or in furtherance of the purposes of the
administration of the compact prior to the effective date of the compact or the
compact commission coming into existence shall be considered to be actions of
the compact commission unless specifically repudiated by the compact commission.
���� (4)� Any state that joins the
compact subsequent to the compact 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 compact commission shall have the full force and
effect of law on the day the compact becomes law in that state.
���� b.��� Any member state may
withdraw from this compact by enacting a statute repealing the same.�
���� (1)� A member state�s
withdrawal shall not take effect until 180 days after enactment of the
repealing statute.
���� (2)� Withdrawal shall not
affect the continuing requirement of the withdrawing state�s licensing authority
to comply with the investigative and adverse action reporting requirements of
this compact prior to the effective date of withdrawal.
���� (3)� Upon the enactment of a
statute withdrawing from this compact, a state shall immediately provide notice
of the withdrawal to all licensees and privilege holders within that state.
Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing
state shall continue to recognize all compact privileges granted pursuant to
this compact for a minimum of 180 days after the date of the notice of
withdrawal.
���� (4)� 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 non-member state
that does not conflict with the provisions of this compact.
���� (5)� 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.
ARTICLE
XIII: Construction and Severability
���� a. This compact and the compact
commission�s rulemaking 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 compact commission�s rulemaking
authority solely for those purposes.
���� 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.
���� c.��� Notwithstanding the
foregoing, the compact commission may deny a state�s participation in the
compact or 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.
ARTICLE XIV: Consistent Effect and Conflict with Other States
���� a.��� Nothing herein shall
prevent or inhibit the enforcement of any other law of a member state that is
not inconsistent with the compact.
���� 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.
���� c.��� All permissible
agreements between the compact commission and the member states are binding in
accordance with their terms.
���� 2.��� This act shall take
effect immediately.
STATEMENT
����
���� This bill will enter New
Jersey into the Athletic Training Compact.� The compact establishes a
multistate license system in which an individual licensed as an athletic
trainer needs only to obtain licensure in one state that is a party to the
compact in order to practice as an athletic trainer in another member state to
the compact, so long as certain requirements established under the compact are
met by the individual.� Under the bill, provisions are established regarding,
among other items, the authority of a member state�s licensing authority; how
an adverse action against a multistate licensee is managed; the set-up of the
Athletic Trainer Compact Commission and its Executive Committee; the collection
of data on member states; and how to withdraw from the compact, if sought by a
member state.