§ 34-27B-60 — Effective Date, Withdrawal, and Amendment

Alabama § 34-27B-60

• Jurisdiction: Alabama
• Title 34: Professions and Businesses
• Ch. 27B: Respiratory Therapists
• Art. 2: Respiratory Care Interstate Compact

Text

(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 commission shall convene and review the enactment of each of the first seven member states referred to as “charter member states” to determine if the statute enacted by each charter member state is materially different than the model compact.
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 Section 34-27B-59.
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 this compact shall remain in effect even if the number of member states should be less than seven.
(2) Member states enacting this compact subsequent to the seven 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 this compact.
(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.
(4) Any state that joins this 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 this 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 this 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 respiratory therapy 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 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.
(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.
(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.

Legislative History

(Act 2025-172, §2.)