AI-assisted research summary: This provision allocates adverse-action and subpoena authority among member states and remote states, requires cooperation and confidentiality in joint investigations, and bars adverse action for conduct that was legal in the other member state when done.
(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 such participation shall remain nonpublic 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 in this compact 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 that 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 the subpoena 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) Joint investigations. (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 this 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 state or 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, the member state 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.