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HF 3705

Respiratory Care Interstate Compact established.

2025-2026 Regular Session Introduced by Sandra Feist and 3 co-sponsors

Establishes a multistate compact allowing licensed respiratory therapists to practice across member states under a streamlined compact privilege while preserving state licensure an

Author added Feist
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Bill Summary · HF 3705

Summary of HF 3705 (2025-2026) — Respiratory Care Interstate Compact established

Purpose and Intent

HF 3705 proposes the enactment of the Respiratory Care Interstate Compact (the “compact”) in Minnesota. The core aim is to facilitate the interstate practice of respiratory therapy by allowing licensed respiratory therapists (RTs) from one member state to practice in other member states under a streamlined, reciprocal “compact privilege.” The framework retains each state’s authority to regulate licensure and public protection, while promoting mobility, addressing workforce shortages, and supporting military members and their spouses.

Key objectives listed in the bill:
- Increase public access to respiratory therapy services
- Enhance states’ ability to protect public health and safety
- Promote cooperation among member states in regulating respiratory therapy
- Reduce administrative burden through multistate regulatory cooperation
- Support relocating active military members and spouses
- Promote workforce mobility and address shortages

How the Compact Works (Key Provisions)

Definitions and Governance

  • Establishes standard terms (e.g., home state, compact privilege, remote state, data system, etc.) to govern multistate practice.
  • Creates the Respiratory Care Interstate Compact Commission (the Commission), a joint government agency composed of one commissioner from each member state’s licensing authority.
  • An executive committee (up to nine members) handles day-to-day operations and compliance between full Commission meetings.

State Participation and Compliance

  • To participate, states must enact substantially the model compact, license RTs, maintain a data system, handle complaints, and notify the Commission of adverse actions and significant investigative information.
  • States may charge fees for granting/renewing compact privileges.

Compact Privilege and Practice

  • A “compact privilege” allows an RT from a member state to practice in a remote state under that state's laws and scope of practice, provided the RT meets specified criteria.
  • Eligibility criteria for compact privilege:
    • Active home state license
    • Active National Board for Respiratory Care credential (or successor)
    • No adverse action in the past two years
    • Compliance with remote state jurisprudence requirements
    • Payment of applicable fees
    • Compliance with domicile reporting and consent to service of process
  • Privilege remains valid until license expiration or revocation, with conditions if encumbrances or adverse actions occur in the home or remote state.

Adverse Actions, Investigations, and Cooperation

  • Remote states may impose adverse actions against a licensee’s compact privilege.
  • States may pursue joint investigations and share significant investigative information, while protecting confidentiality as appropriate.
  • Prohibitions ensure actions for conduct that was lawful in the originating state are not applicable in a punitive sense.

Military Provisions

  • Active military members and their spouses designate a home state and may be exempt from certain Commission fees during service.

Data System and Rulemaking

  • A centralized data system will track licensure data, adverse actions, significant investigative information, and related data (non-criminal history data).
  • The Commission has broad rulemaking authority to implement the compact, with public notice, hearings, and transparency requirements. Rules have the force of law in member states.

Commission and Enforcement

  • The Commission can levy annual state assessments and licensee fees to fund operations.
  • Dispute resolution procedures include mediation and binding resolution.
  • Default and termination processes exist; a member state can be terminated for noncompliance following due process.
  • Legal actions to enforce compliance may be brought in federal courts; the Commission and member states maintain sovereign protections and immunities as described.

Effective Date and Amendments

  • The compact becomes effective when enacted by the seventh member state.
  • A seven-state “charter” process is outlined for initial adoption, with mechanisms for amendments, withdrawal, and continuity of the compact if member states change.

Who Is Affected

  • Minnesota licensees and respiratory therapy licensing authorities
  • Respiratory therapists seeking practice across state lines (via compact privilege)
  • State regulatory authorities, the Commission, and the executive committee
  • Active military members and spouses (potential fee relief)
  • Public seeking respiratory therapy services (increased mobility and access)

This bill lays out a comprehensive framework to enable multistate practice of respiratory therapy while preserving state-level licensure and public protection.

Compiled from official sources — confirm details with the bill’s official record.

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