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Current as of January 02, 2024 | Updated by Findlaw Staff
(a)(1) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state (“effective date”).
(2)(A) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the first seven (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.
(B) 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 § 63-27-211.
(C) 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 seven (7).
(3) Member states enacting the compact subsequent to the seven (7) initial charter member states shall be subject to the process set forth herein and in commission rule to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact.
(4) 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.
(5) 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.
(b)(1) Any member state may withdraw from this compact by enacting a statute repealing the same.
(2) A member state's withdrawal shall not take effect until one hundred eighty (180) days after enactment of the repealing statute.
(3) 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.
(4) 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 one hundred eighty (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 non-member 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.
Cite this article: FindLaw.com - Tennessee Code Title 63. Professions of the Healing Arts § 63-27-212 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-63-professions-of-the-healing-arts/tn-code-sect-63-27-212/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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