DelawareHB 285153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE INTERSTATE COMPACT FOR ATHLETIC TRAINERS.

Sponsored By: Michael F. Smith (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

10 provisions identified: 4 benefits, 1 costs, 5 mixed.

Military trainers and spouses avoid fees

Active military members and their spouses do not pay Commission fees for athletic trainer Compact Privileges. Member states can also lower or waive their own fees, but are not required to do so. The law does not state the fee amounts.

Joint commission administers trainer licensing compact

Member states form a joint government commission to run the athletic trainer licensing compact. Each state appoints one commissioner within 60 days of its effective date. The Commission manages staff, contracts, finances, and compact operations, with an annual financial review or audit. Commission officials, staff, and representatives receive protection from certain civil lawsuits for work within their duties. The Commission must defend them and cover qualifying claims, settlements, or judgments, but not intentional, willful, or wanton misconduct.

Shared trainer records strengthen licensing oversight

The Commission must maintain a shared licensing and reporting system, and member states must submit required information. States must license trainers, require continuing competence, investigate complaints, and implement background checks before issuing or accepting compact privileges. Shared records include identifying and license data, discipline, denial reasons, permitted alternative-program information, and whether significant investigative information exists. States must report disciplinary actions promptly and monitor the system for them. Significant investigative information is limited to member states, and contributing states can restrict public sharing. Records expunged under law must be removed, and criminal-history information cannot be reported when law prohibits it. Commission-certified records qualify as authenticated business records, with a hearsay exception, in relevant court and administrative proceedings.

States coordinate athletic trainer investigations

Member states can investigate athletic trainers together and must share information that supports compact investigations. Shared investigation, court, and compliance information stays confidential unless both states agree to disclose it. States can ask another member state to serve a subpoena for evidence or testimony. The receiving state must serve it when a court finds it enforceable under that state's rules. The issuing state or authority pays required witness, travel, mileage, and service costs.

Compact fees for trainers and states

The Compact Commission can charge fees to athletic trainers who receive cross-state practice privileges. Member states can also charge their own privilege fees. The Commission can charge member states annual assessments to cover operating costs not paid by other revenue. A Commission rule sets how state assessments are divided. The law sets no dollar amounts.

Trainer discipline carries penalties and protections

Only the issuing state can discipline a trainer's qualifying license; other states can discipline privileges used within their borders. States must follow their own laws and due-process rules, and can use significant investigation information from other states. An adverse order against the qualifying license turns off privileges in all member states while the order remains pending. Restoring privileges can require completing a removal period, paying fines, and then meeting the 2-year restriction-free requirement. States can charge investigation and case costs after adverse action only when state law permits; no amount is set. Trainers must report discipline or restrictions from non-member states within 30 days. A member state cannot discipline a trainer for conduct that was legal in another member state when it occurred.

Athletic trainers gain cross-state practice options

Delaware joins a compact that lets qualified athletic trainers practice across member states without getting separate state licenses. Trainers must have an active, unrestricted qualifying license and complete fingerprint-based state and FBI background checks. They need current Board of Certification certification or an approved bachelor's degree in athletic training, or foreign equivalent, plus an approved certification exam. They must have no license or practice-privilege restrictions during the previous 2 years. Trainers must notify the Commission, maintain continuing competence, and meet any destination state's law-testing requirement. They can use only one qualifying license at a time, regardless of where they live or mainly work. Practice privileges follow that license's renewal cycle, and trainers must follow the practice rules where the patient is located. The compact supports telehealth and leaves regular single-state licensing available.

Compact enforcement limits lawsuits and membership

The Commission must notify a state that breaks compact obligations and offer training and help to fix the problem. Membership termination requires exhausted compliance measures and a majority vote of member-state commissioners. The state must notify its licensees, pay accrued obligations, and recognize compact licenses and privileges for at least 180 days after termination notice. At a member state's request, the Commission must try to resolve compact disputes and provide mediation or binding resolution procedures. A two-thirds Commission vote authorizes a lawsuit against a defaulting state in the specified federal district court. Member states can sue the Commission there to enforce the compact, but individuals and other parties cannot.

Compact rules bind states with safeguards

Commission rules carry the force of law in member states without separate state rulemaking. Rules take effect the day after adoption or on a later date they specify. Regular rulemaking requires at least 30 days' notice and public hearing procedures. Emergency rules can use 24 hours' notice but must move through regular rulemaking within 90 days. A majority of member-state legislatures can reject a rule within 4 years of adoption. A court can make a rule ineffective where it conflicts with state limits on athletic trainers' work. The compact overrides conflicting state law only to the extent of the conflict; other state laws and permitted state-Commission agreements remain enforceable.

Trainer compact sets start and exit rules

The compact starts when the seventh state enacts it and continues even if membership later falls below seven. Later-joining states face review for eligibility and material differences from the model compact law. A state can withdraw by repeal, with withdrawal taking effect 180 days after enactment. It must continue required reporting until withdrawal and recognize privileges for at least 180 days after notice. States retain duties for investigations and reporting on matters arising before withdrawal. The Commission can deny or end participation when a state constitutional requirement materially departs from the compact. Other states remain covered, and separable parts of the affected state's participation remain in force.

Sponsors & Cosponsors

Sponsor

Michael F. Smith
Republican • House

Cosponsors

Alonna Berry
Democratic • House
Timothy D. Dukes
Republican • House
Kerri Evelyn Harris
Democratic • House
Kevin S Hensley
Republican • House
Jeff Hilovsky
Republican • House
Kyra L. Hoffner
Democratic • Senate
Russell Huxtable
Democratic • Senate
Spiros Mantzavinos
Democratic • Senate
Brian Pettyjohn
Republican • Senate
Nicole Poore
Democratic • Senate
Bryant L. Richardson
Republican • Senate
David P. Sokola
Democratic • Senate
Lyndon D. Yearick
Republican • House

Roll Call Votes

All Roll Calls

Yes: 60 • No: 0

Senate vote • 7/1/2026

Passed (2/3 required)

Yes: 20 • No: 0

House vote • 4/16/2026

Passed (SM required)

Yes: 40 • No: 0

Actions Timeline

Signed by Governor
7/23/2026Governor
Passed By Senate. Votes: 20 YES 1 ABSENT
7/1/2026Senate
Reported Out of Committee (Legislative Oversight & Sunset) in Senate with 4 Favorable
5/13/2026Senate
Assigned to Legislative Oversight & Sunset Committee in Senate
4/16/2026Senate
Passed By House. Votes: 40 YES 1 ABSENT
4/16/2026House
Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 3 On Its Merits
3/24/2026House
Introduced and Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House
1/22/2026House

Bill Text

Current
1/22/2026
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