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AlabamaSB1812025 Regular SessionSenateWALLET

Interstate compact, respiratory therapists

Sponsored By: Keith Kelley (Republican)

Enacted

Occupational Licensing Boards

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 1 benefits, 2 costs, 5 mixed.

Respiratory therapists gain interstate practice access

Beginning October 1, 2025, Alabama joins the respiratory care compact; the compact takes effect when the seventh state enacts it. Member states must enforce it, letting eligible respiratory therapists work across member states without separate licenses. Therapists need an active home-state license, a qualifying professional credential, and no adverse license action within two years. They must notify the commission, pay applicable fees, meet the practice state's legal-knowledge requirements, and follow its practice limits. They must report nonmember-state license actions and home-address changes within 30 days, and accept legal papers and subpoenas by mail. The privilege ends when the home-state license expires or the privilege is revoked or terminated.

Military therapists and spouses get fee relief

The commission cannot charge active-duty military members or their spouses for an interstate practice privilege. They can choose a home state where they hold a current license in good standing. They can keep that choice throughout the service member's active duty. States where they practice may reduce or waive their own fees.

Limits on lawsuits against compact officials

Member states and covered compact personnel are protected from civil claims for acts within, or reasonably believed within, their duties. The commission must defend covered personnel and pay qualifying settlements and judgments; intentional, willful, or wanton misconduct is excluded. These protections do not change therapists' liability for malpractice or professional misconduct. Only member states can sue to enforce the compact against the commission. Individuals retain other compact-related court proceedings in competent Alabama state or federal courts, except enforcement proceedings among member states.

Therapists face interstate practice fees

The commission can charge respiratory therapists who receive an interstate practice privilege. Member states can also charge privilege and renewal fees. The commission can collect yearly state assessments, divided using a formula set by rule, to fund its work. The law does not set fee or assessment amounts.

Therapists face shared checks and discipline

Member states must investigate complaints, report serious findings and license actions, and check new licensees' criminal backgrounds when legally authorized. Background checks include fingerprints or other biometric information sent to federal and state record systems. States can investigate jointly, issue subpoenas, discipline their own licenses, and restrict practice privileges within their borders. Therapists can owe investigation and case costs where law allows; a restricted home-state license blocks all remote-state privileges until the restriction ends and two years pass. The compact bars discipline, and subpoenas seeking evidence, for conduct that was lawful where and when it occurred.

Therapists get transition protection when states leave

The commission can remove a defaulting state only after notice, a chance to fix problems, failed compliance efforts, and a majority vote. A state can withdraw 180 days after passing a repeal law. A departing state must notify recorded license and privilege holders and recognize compact licenses for at least 180 days after notice. Its licensing authority must keep reporting investigations and license actions for matters arising before withdrawal takes effect. A removed state still owes assessments and liabilities incurred through removal, including obligations extending beyond that date.

Shared therapist rules retain Alabama safeguards

A joint government commission runs the compact, with one voting representative per member state and annual public and financial reports. Its rules become law on their stated dates, but end everywhere if most member-state legislatures reject them within four years. Rulemaking generally requires 30 days' notice and public hearings; emergency rules allow 24-hour notice and require ratification within 90 days. In Alabama, state law overrides conflicting commission rules. Alabama state courts alone decide conflicts involving compact provisions or rules and Alabama law or its 2022 constitution.

Therapist records shared with privacy limits

The commission must run a shared system for licensing, disciplinary, and significant investigation records supplied by member states. States cannot submit criminal history records, and legally expunged information must be removed. Significant investigation records are available only to member states; states can also block public release of designated information without permission. Commission records supplied under the compact and certified by the commission or its agent count as authenticated business records in state proceedings. Those records qualify for a hearsay exception in relevant court and administrative cases.

Sponsors & Cosponsors

Sponsor

  • Keith Kelley

    Republican • Senate

Cosponsors

  • Robert Stewart

    Democratic • Senate

  • Rodger M. Smitherman

    Democratic • Senate

  • Wes Kitchens

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 417 • No: 1

Senate vote • 4/9/2025

Kelley motion to Concur in and Adopt - Roll Call 562

Yes: 25 • No: 0

House vote • 4/8/2025

Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 644

Yes: 103 • No: 0

House vote • 4/8/2025

Motion to Adopt - Adopted Roll Call 643

Yes: 102 • No: 1

House vote • 4/8/2025

Third Reading in Second House

Yes: 103 • No: 0

Senate vote • 3/6/2025

Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 304

Yes: 28 • No: 0

Senate vote • 3/6/2025

Kelley motion to Adopt - Adopted Roll Call 303

Yes: 28 • No: 0

Senate vote • 3/6/2025

Third Reading in House of Origin

Yes: 28 • No: 0

Actions Timeline

  1. Enacted

    4/17/2025Senate

  2. Signature Requested

    4/10/2025House

  3. Delivered to Governor

    4/10/2025Senate

  4. Kelley motion to Concur in and Adopt - Roll Call 562

    4/9/2025Senate

  5. Ready to Enroll

    4/9/2025Senate

  6. Enrolled

    4/9/2025Senate

  7. Third Reading in Second House

    4/8/2025House

  8. Health Engrossed Substitute Offered

    4/8/2025House

  9. Motion to Adopt - Adopted Roll Call 643

    4/8/2025House

  10. Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 644

    4/8/2025House

  11. Health 1st Amendment

    3/19/2025House

  12. Reported Out of Committee Second House

    3/19/2025House

  13. Read for the Second Time and placed on the Calendar

    3/19/2025House

  14. Third Reading in House of Origin

    3/6/2025Senate

  15. Veterans, Military Affairs and Public Safety 1st Amendment Offered

    3/6/2025Senate

  16. Kelley motion to Adopt - Adopted Roll Call 303

    3/6/2025Senate

  17. Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 304

    3/6/2025Senate

  18. Engrossed

    3/6/2025Senate

  19. Read for the first time and referred to the House Committee on Health

    3/6/2025House

  20. Pending Committee Action in Second House

    3/6/2025House

  21. Veterans, Military Affairs and Public Safety 1st Amendment

    2/27/2025Senate

  22. Reported Out of Committee House of Origin

    2/27/2025Senate

  23. Read for the Second Time and placed on the Calendar

    2/27/2025Senate

  24. Read for the first time and referred to the Senate Committee on Veterans and Military Affairs

    2/20/2025Senate

  25. Pending Committee Action in House of Origin

    2/20/2025Senate

Bill Text

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