MontanaHB 44769th Legislature, Regular Session (2025)HouseWALLET

Enact the Respiratory Care Interstate Compact

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 2 benefits, 1 costs, 4 mixed.

Therapists can work across member states

Montana joins the Respiratory Care Interstate Compact. If you hold an active home‑state license and an active NBRC credential, you can practice in other member states without a new license. You must have no adverse action in the last 2 years, meet any remote‑state law test, tell the commission you are seeking the privilege, and pay any required fees. You must also report your home address within 30 days of changes and accept legal papers by mail. Your compact privilege ends if your home license expires or is restricted.

State duties, data system, and rules

Montana’s licensing board must join the compact’s data system, handle complaints, report discipline, and follow commission rules. The commission runs a central data system of licenses and discipline; states must not upload criminal‑history records, and expunged records are removed. The commission can make rules after public notice and comment; emergency rules need at least 24 hours’ notice and must enter regular rulemaking within 90 days. Member legislatures can overturn a commission rule within four years. Compact rules override conflicting state laws, while states may still make nonconflicting agreements with nonmember states. The commission owns intellectual property created to set it up.

When the compact starts and applies

The compact takes effect when the seventh state enacts it. Montana must notify the code commissioner within 15 days after that happens. The commission reviews the first seven states’ laws for material differences. The compact and commission continue even if membership later drops below seven. States that join later are bound by existing rules on their entry date. Any compact amendment takes effect only after every member state enacts it.

Fingerprint checks and fees for licenses

If you apply for your first respiratory care license, you must submit fingerprints or other biometrics for FBI and state checks. The board must collect fingerprints at initial licensure and may require them again at renewal. You must pay all background‑check fees. The Montana Department of Justice may share your licensing fingerprints with the FBI. The compact does not otherwise change initial licensure rules.

Compact fees with military waiver

Member states may charge fees to grant or renew a compact privilege. Active‑duty military members and their spouses do not pay any commission fee. A remote state may also choose to reduce or waive its state fee for them. Other licensees may still pay state and commission fees.

How compact disputes and lawsuits work

The commission must set mediation and, when needed, binding processes to settle disputes. The commission can sue a member state in federal court, and a state can sue the commission, with possible court orders, damages, and recovery of legal fees for the winner. A defaulting state can appeal commission actions in federal court. Most lawsuits by or against the commission are heard where the commission’s main office is. The commission must be properly served and can join cases about the compact; orders are void as to the commission if it is not properly served. Only member states, not private parties, can enforce the compact against the commission.

If a state defaults or leaves

If the commission finds a state in default, it sends written notice, offers training and technical help, and gives broad official notice before suspension or termination. If the state does not fix the problem, the commission can end its membership; the state still owes any prior obligations. A state can repeal the compact, but withdrawal takes effect after 180 days. If a state withdraws or is terminated, it must notify all licensees right away and keep recognizing compact licenses for at least 180 days after notice. Withdrawing states must keep reporting investigations and discipline for actions before the withdrawal date. The commission may also deny or remove a state for material conflicts with compact requirements. The commission does not pay costs for a defaulting or terminated state unless agreed in writing.

Sponsors & Cosponsors

Sponsor

Ed Buttrey
Republican • House

Cosponsors

Bob Phalen
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 286 • No: 12

Senate vote • 4/11/2025

Do Concur

Yes: 40 • No: 8

Senate vote • 4/10/2025

Do Concur

Yes: 47 • No: 3

House vote • 2/25/2025

Do Pass

Yes: 99 • No: 1

House vote • 2/24/2025