Florida Senate - 2026 SB 970 By Senator Wright 8-01271-26 2026970__ Page 1 of 40 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to the Respiratory Care Interstate 2 Compact; creating s. 468.371, F.S.; enacting the 3 Respiratory Care Interstate Compact; providing purpose 4 and intent; defining terms; requiring member states to 5 meet certain requirements to join and participate in 6 the compact; providing that the compact does not 7 prohibit member states from charging a specified fee; 8 providing criteria that a respiratory therapist 9 licensee must satisfy to practice under the compact; 10 authorizing a certain licensing authority or 11 government agency to establish the scope of practice 12 for a licensee providing therapy in a remote state; 13 providing processes for a licensee whose license is 14 removed, encumbered, restricted, or limited; providing 15 requirements for renewal of an equivalent license in a 16 member state; authorizing an active military member 17 and his or her spouse to be deemed as having a home 18 state license under certain circumstances; authorizing 19 member states to impose adverse actions against 20 licensees under certain circumstances; authorizing 21 member states to participate with other member states 22 in joint investigations of licensees under certain 23 circumstances; providing construction; establishing 24 the Respiratory Care Interstate Compact Commission; 25 providing commission membership, duties, and powers; 26 providing for powers, duties, and responsibilities of 27 an executive committee; requiring the committee to 28 adopt and provide an annual report to member states; 29

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 2 of 40 CODING: Words stricken are deletions; words underlined are additions. providing for commission and executive committee 30 meetings; authorizing the commission or executive 31 committee to convene in closed, nonpublic meetings 32 under certain circumstances; requiring the commission 33 to keep meeting minutes in a specified manner; 34 providing for financing of the commission; requiring 35 the commission to keep certain financial 36 documentation; providing for qualified immunity, 37 defense, and indemnification of the commission; 38 providing exceptions; providing for the development, 39 maintenance, and use of a coordinated database and 40 reporting system; requiring member states to submit 41 specified information to the data system; providing 42 requirements for the information in the data system; 43 providing rulemaking procedures; providing for state 44 enforcement of the compact; providing for the 45 termination of compact membership; providing 46 procedures for the resolution of certain disputes; 47 providing for an effective date; providing for 48 withdrawal from the compact; providing compact 49 amendment procedures; providing construction and 50 severability and binding effect of the compact; 51 amending ss. 456.076, 468.353, 468.355, 468.361, and 52 768.28, F.S.; conforming provisions to changes made by 53 the act; providing an effective date. 54 55 Be It Enacted by the Legislature of the State of Florida: 56 57

Section

Section 468.371, Florida Statutes, is created to 58

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 3 of 40 CODING: Words stricken are deletions; words underlined are additions. read: 59 468.371 Respiratory Care Interstate Compact.—The 60 Respiratory Care Interstate Compact is hereby enacted into law 61 and entered into by this state with all other states legally 62 joining therein in the form substantially as follows: 63 64 RESPIRATORY CARE INTERSTATE COMPACT 65 66

ARTICLE I 67 PURPOSE AND INTENT 68 69

(1) The purpose of this compact is to facilitate the 70 interstate practice of respiratory therapy with the goal of 71 improving public access to respiratory therapy services by 72 providing respiratory therapists licensed in a member state the 73 ability to practice in other member states. The compact 74 preserves the regulatory authority of states to protect public 75 health and safety through the current system of state licensure. 76

(2) This compact is designed to achieve all of the 77 following objectives: 78 (

a) Increase public access to respiratory therapy services 79 by creating a responsible, streamlined pathway for licensees to 80 practice in member states with the goal of improving outcomes 81 for patients. 82 (

b) Enhance states’ ability to protect the public’s health 83 and safety. 84 (

c) Promote the cooperation of member states in regulating 85 the practice of respiratory therapy within such member states. 86 (

d) Ease administrative burdens on states by encouraging 87

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 4 of 40 CODING: Words stricken are deletions; words underlined are additions. the cooperation of member states in regulating multistate 88 respiratory therapy practice. 89 (

e) Support relocating active military members and their 90 spouses. 91 (

f) Promote mobility and address workforce shortages. 92 93

ARTICLE II 94

DEFINITIONS 95 96 As used in this compact, the term: 97 (1) “Active military member” means any person with a full-98 time duty status in the Armed Forces of the United States, 99 including members of the National Guard and the United States 100 Reserve Forces. 101 (2) “Adverse action” means any administrative, civil, 102 equitable, or criminal action permitted by a state’s laws which 103 is imposed by any state authority with regulatory authority over 104 respiratory therapists, such as license denial, censure, 105 revocation, suspension, probation, monitoring of the licensee, 106 or restriction on the licensee’s practice.

The term does not 107 include participation in an alternative program. 108 (3) “Alternative program” means a nondisciplinary 109 monitoring or practice remediation process applicable to a 110 respiratory therapist approved by any state authority with 111 regulatory authority over respiratory therapists. This includes, 112 but is not limited to, programs to which licensees with 113 substance abuse or addiction issues are referred in lieu of 114 adverse action. 115 (4) “Charter member states” means those member states who 116

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 5 of 40 CODING: Words stricken are deletions; words underlined are additions. were the first seven states to enact the compact into law. 117 (5) “Commission” or “Respiratory Care Interstate Compact 118 Commission” means the government instrumentality and body 119 politic whose membership consists of all member states that have 120 enacted the compact. 121 (6) “Commissioner” means the individual appointed by a 122 member state to serve as the member of the commission for that 123 member state. 124 (7) “Compact” means the Respiratory Care Interstate 125 Compact. 126 (8) “Compact privilege” means the authorization granted by 127 a remote state to allow a licensee from another member state to 128 practice as a respiratory therapist in the remote state under 129 the remote state’s laws and rules.

The practice of respiratory 130 therapy occurs in the member state where the patient is located 131 at the time of the patient encounter. 132 (9) “Criminal background check” means the submission by the 133 member state of fingerprints or other biometric-based 134 information on license applicants at the time of initial 135 licensing for the purpose of obtaining that applicant’s criminal 136 history record information, as defined in 28 C.F.R. s. 20.3(d) 137 or successor provision, from the Federal Bureau of Investigation 138 and the state’s criminal history record repository, as defined 139 in 28 C.F.R. s. 20.3(

f) or successor provision. 140 (10) “Data system” means the commission’s repository of 141 information about licensees as further set forth in

Article 142 VIII. 143 (11) “Domicile” means the jurisdiction which is the 144 licensee’s principal home for legal purposes. 145

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 6 of 40 CODING: Words stricken are deletions; words underlined are additions. (12) “Encumbered license” means a license that a state’s 146 respiratory therapy licensing authority has limited in any way. 147 (13) “Executive committee” means a group of directors 148 elected or appointed to act on behalf of, and within the powers 149 granted to them by, the commission. 150 (14) “Home state,” except as provided in

Article V, means 151 the member state that is the licensee’s primary domicile. 152 (15) “Home state license” means an active license to 153 practice respiratory therapy in a home state which is not an 154 encumbered license. 155 (16) “Jurisprudence requirement” means an assessment of an 156 individual’s knowledge of the state laws and regulations 157 governing the practice of respiratory therapy in such state. 158 (17) “Licensee” means an individual who currently holds an 159 authorization from the state to practice as a respiratory 160 therapist. 161 (18) “Member state” means a state that has enacted the 162 compact and been admitted to the commission in accordance with 163 this compact and commission rules. 164 (19) “Model compact” means the model for the Respiratory 165 Care Interstate Compact on file with the Council of State 166 Governments or other entity as designated by the commission. 167 (20) “Remote state” means a member state where a licensee 168 is exercising or seeking to exercise the compact privilege. 169 (21) “Respiratory therapist” or “respiratory care 170 practitioner” means an individual who holds a credential issued 171 by the National Board for Respiratory Care or its successor and 172 holds a license in a state to practice respiratory therapy.

For 173 purposes of this compact, any other title or status adopted by a 174

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 7 of 40 CODING: Words stricken are deletions; words underlined are additions. state to replace the term “respiratory therapist” or 175 “respiratory care practitioner” is synonymous with “respiratory 176 therapist” and shall confer the same rights and responsibilities 177 to the licensee under the provisions of this compact at the time 178 of its enactment. 179 (22) “Respiratory therapy,” “respiratory therapy practice,” 180 “respiratory care,” “the practice of respiratory therapy,” and 181 “the practice of respiratory care” mean the care and services 182 provided by or under the direction and supervision of a 183 respiratory therapist or respiratory care practitioner. 184 (23) “Respiratory therapy licensing authority” means the 185 agency, board, or other body of a state that is responsible for 186 licensing and regulation of respiratory therapists. 187 (24) “Rule” means a regulation adopted by an entity that 188 has the force and effect of law. 189 (25) “Scope of practice” means the procedures, actions, and 190 processes a respiratory therapist licensed in a state or 191 practicing under a compact privilege in a state is permitted to 192 undertake in that state and the circumstances under which the 193 respiratory therapist is permitted to undertake those 194 procedures, actions, and processes.

Such procedures, actions, 195 and processes, and the circumstances under which they may be 196 undertaken, may be established through means including, but not 197 limited to, statute, regulations, case law, and other processes 198 available to the state respiratory therapy licensing authority 199 or other government agency. 200 (26) “Significant investigative information” means 201 information, records, and documents received or generated by a 202 state respiratory therapy licensing authority pursuant to an 203

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 8 of 40 CODING: Words stricken are deletions; words underlined are additions. investigation for which a determination has been made that there 204 is probable cause to believe that the licensee has violated a 205 statute or regulation that is considered more than a minor 206 infraction for which the state respiratory therapy licensing 207 authority could pursue adverse action against the licensee. 208 (27) “State” means any state, commonwealth, district, or 209 territory of the United States. 210 211

ARTICLE III 212 STATE PARTICIPATION IN THIS COMPACT 213 214

(1) In order to participate in this compact and thereafter 215 continue as a member state, a member state shall: 216 (

a) Enact a compact that is not materially different from 217 the model compact. 218 (

b) License respiratory therapists. 219 (

c) Participate in the data system. 220 (

d) Have a mechanism in place for receiving and 221 investigating complaints against licensees and compact privilege 222 holders. 223 (

e) Notify the commission, in compliance with the terms of 224 this compact and commission rules, of any adverse action against 225 a licensee, a compact privilege holder, or a license applicant. 226 (

f) Notify the commission, in compliance with the terms of 227 this compact and commission rules, of the existence of 228 significant investigative information. 229 (

g) Comply with the rules of the commission. 230 (

h) Grant the compact privilege to a holder of an active 231 home state license and otherwise meet the applicable 232

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 9 of 40 CODING: Words stricken are deletions; words underlined are additions. requirements of

Article IV in a member state. 233 (

i) Complete a criminal background check for each new 234 licensee at the time of initial licensure. Where expressly 235 authorized or permitted by federal law, whether such federal law 236 is in effect before, at, or after the time of a member state’s 237 enactment of this compact, a member state’s enactment of this 238 compact authorizes the member state’s respiratory therapy 239 licensing authority to perform criminal background checks as 240 defined herein. The absence of such a federal law as described 241 in this paragraph does not prevent or preclude such 242 authorization where it may be derived or granted through means 243 other than the enactment of this compact. 244

(2) This compact does not prohibit a member state from 245 charging a fee for granting and renewing the compact privilege. 246 247

ARTICLE IV 248 COMPACT PRIVILEGE 249 250

(1) To exercise the compact privilege under this compact, a 251 licensee shall: 252 (

a) Hold and maintain an active home state license as a 253 respiratory therapist. 254 (

b) Hold and maintain an active credential from the 255 National Board for Respiratory Care, or its successor, that 256 would qualify him or her for licensure in the remote state in 257 which he or she is seeking the compact privilege. 258 (

c) Have not had any adverse action against a license 259 within the previous 2 years. 260 (

d) Notify the commission that he or she is seeking the 261

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 10 of 40 CODING: Words stricken are deletions; words underlined are additions. compact privilege within a remote state. 262 (

e) Pay any applicable fees, including any state and 263 commission fees and renewal fees, for the compact privilege. 264 (

f) Meet any jurisprudence requirements established by the 265 remote state in which he or she is seeking a compact privilege. 266 (

g) Report to the commission any adverse action taken by 267 any nonmember state within 30 days after the date the adverse 268 action is taken. 269 (

h) Report to the commission, when applying for a compact 270 privilege, the address of his or her domicile and thereafter 271 promptly report to the commission any change of address within 272 30 days after the effective date of the change in address. 273 (

i) Consent to accept service of process by mail at his or 274 her domicile on record with the commission with respect to any 275 action brought against him or her by the commission or a member 276 state, and consent to accept service of a subpoena by mail at 277 the licensee’s domicile on record with the commission with 278 respect to any action brought or investigation conducted by the 279 commission or a member state. 280

(2) The compact privilege is valid until the expiration 281 date or revocation of the home state license unless terminated 282 pursuant to adverse action. The licensee must comply with all of 283 the requirements of subsection (1) to maintain the compact 284 privilege in a remote state. If those requirements are met, no 285 adverse actions are taken, and the licensee has paid any 286 applicable compact privilege renewal fees, then the licensee 287 will maintain the compact privilege. 288

(3) A licensee providing respiratory therapy in a remote 289 state under the compact privilege functions may practice only 290

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 11 of 40 CODING: Words stricken are deletions; words underlined are additions. within the scope of practice authorized by the remote state for 291 the type of respiratory therapist license the licensee holds. 292 Such procedures, actions, processes, and the circumstances under 293 which they may be undertaken may be established through means 294 including, but not limited to, statute, regulations, case law, 295 and other processes available to the state respiratory therapy 296 licensing authority or other government agency. 297

(4) If a licensee’s compact privilege in a remote state is 298 removed by the remote state, the licensee shall lose or be 299 ineligible for the compact privilege in that remote state until 300 the compact privilege is no longer limited or restricted by that 301 state. 302

(5) If a home state license is encumbered, the licensee 303 shall lose the compact privilege in all remote states until both 304 of the following occur: 305 (

a) The home state license is no longer encumbered. 306 (

b) Two years have elapsed from the date on which the 307 license is no longer encumbered due to the adverse action. 308

(6) Once a licensee with a restricted or limited license 309 meets the requirements of subsection (5), the licensee must also 310 meet the requirements of subsection (1) to obtain a compact 311 privilege in a remote state. 312 313

ARTICLE V 314 ACTIVE MILITARY MEMBERS AND THEIR SPOUSES 315 316

(1) An active military member, or his or her spouse, shall 317 designate a home state where the individual has a current 318 license in good standing. The individual may retain the home 319

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 12 of 40 CODING: Words stricken are deletions; words underlined are additions. state designation during the period the service member is on 320 active duty. 321

(2) An active military member and his or her spouse are not 322 required to pay to the commission any fee for a compact 323 privilege which may otherwise be charged by the commission. If a 324 remote state chooses to charge a fee for a compact privilege, it 325 may choose to charge a reduced fee or no fee to an active 326 military member and his or her spouse for a compact privilege. 327 328

ARTICLE VI 329 ADVERSE ACTIONS 330 331

(1) A member state in which a licensee is licensed may 332 impose adverse action against the license issued by that member 333 state. 334

(2) A member state may take adverse action based on 335 significant investigative information of a remote state or the 336 home state, so long as the member state follows its own 337 procedures for imposing adverse action. 338

(3) This compact does not override a member state’s 339 decision that participation in an alternative program may be 340 used in lieu of adverse action and that such participation shall 341 remain nonpublic if required by the member state’s laws. 342

(4) A remote state may: 343 (

a) Take adverse actions as provided herein against a 344 licensee’s compact privilege in that state. 345 (

b) Issue subpoenas for both hearings and investigations 346 that require the attendance and testimony of witnesses and the 347 production of evidence. 348

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 13 of 40 CODING: Words stricken are deletions; words underlined are additions. 1. Subpoenas may be issued by a respiratory therapy 349 licensing authority in a member state for the attendance and 350 testimony of witnesses and the production of evidence. 351 2.

Subpoenas issued by a respiratory therapy licensing 352 authority in a member state for the attendance and testimony of 353 witnesses shall be enforced in the latter state by any court of 354 competent jurisdiction in the latter state, according to the 355 practice and procedure of that court applicable to subpoenas 356 issued in proceedings pending before it. 357 3.

Subpoenas issued by a respiratory therapy licensing 358 authority in a member state for production of evidence from 359 another member state shall be enforced in the latter state, 360 according to the practice and procedure of that court applicable 361 to subpoenas issued in the proceedings pending before it. 362 4. The issuing authority shall pay any witness fees, travel 363 expenses, mileage, and other fees required by the service 364 statutes of the state where the witnesses or evidence are 365 located. 366 (

c) Unless otherwise prohibited by general law, recover 367 from the licensee the costs of investigations and disposition of 368 cases resulting from any adverse action taken against that 369 licensee. 370 (

d) Notwithstanding paragraph (b), a member state may not 371 issue a subpoena to gather evidence of conduct in another member 372 state which is lawful in such other member state for the purpose 373 of taking adverse action against a licensee’s compact privilege 374 or application for a compact privilege in that member state. 375 (

e) This compact does not authorize a member state to 376 impose discipline against a respiratory therapist’s compact 377

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 14 of 40 CODING: Words stricken are deletions; words underlined are additions. privilege in that member state for the licensee’s otherwise 378 lawful practice in another state. 379 (5)(

a) In addition to the authority granted to a member 380 state by its respective respiratory therapy practice act or 381 other applicable state law, a member state may participate with 382 other member states in joint investigations of licensees, 383 provided, however, that a member state receiving such a request 384 has no obligation to respond to any subpoena issued regarding an 385 investigation of conduct or practice that was lawful in a member 386 state at the time it was undertaken. 387 (

b) Member states shall share any significant investigative 388 information, litigation, or compliance materials in furtherance 389 of any joint or individual investigation initiated under the 390 compact. In sharing such information between member state 391 respiratory therapy licensing authorities, all information 392 obtained shall be kept confidential, except as otherwise 393 mutually agreed upon by the sharing and receiving member states. 394

(6) This compact does not permit a member state to: 395 (

a) Take any adverse action against a licensee or holder of 396 a compact privilege for conduct or practice that was legal in 397 the member state at the time it was undertaken. 398 (

b) Take disciplinary action against a licensee or holder 399 of a compact privilege for conduct or practice that was legal in 400 the member state at the time it was undertaken. 401 402

ARTICLE VII 403 ESTABLISHMENT OF THE RESPIRATORY CARE 404 INTERSTATE COMPACT COMMISSION 405 406

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(1) ESTABLISHMENT OF THE COMMISSION.—The member states 407 hereby create and establish a joint government agency whose 408 membership consists of all member states that have enacted the 409 compact, to be known as the Respiratory Care Interstate Compact 410 Commission. The commission is an instrumentality of the compact 411 member states acting jointly and not an instrumentality of any 412 one state. The commission shall come into existence on or after 413 the effective date of the compact, as provided in

Article XI. 414

(2) MEMBERSHIP, VOTING, AND MEETINGS.— 415 (

a) Each member state shall have one commissioner selected 416 by that member state’s respiratory therapy licensing authority. 417 (

b) The commissioner or his or her designated staff member 418 shall be an administrator of the member state’s respiratory 419 therapy licensing authority. 420 (

c) The commission shall by rule or bylaw establish a term 421 of office for commissioners and may by rule or bylaw establish 422 term limits. 423 (

d) The commission may recommend to a member state the 424 removal or suspension any commissioner from office. 425 (

e) A member state’s respiratory therapy licensing 426 authority shall fill any vacancy occurring on the commission 427 within 60 days after the vacancy. 428 (

f) Each commissioner shall be entitled to one vote on all 429 matters before the commission requiring a vote. 430 (

g) A commissioner shall vote in person or by such other 431 means as provided in the bylaws. The bylaws may provide for 432 commissioners to meet by telecommunication, videoconference, or 433 other means of communication. 434 (

h) The commission shall meet at least once during each 435

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 16 of 40 CODING: Words stricken are deletions; words underlined are additions. calendar year. Additional meetings may be held as provided in 436 the bylaws. 437

(3) POWERS OF THE COMMISSION.—The commission may: 438 (

a) Establish and amend the fiscal year of the commission. 439 (

b) Establish and amend bylaws and policies, including, but 440 not limited to, a code of conduct and conflict of interest. 441 (

c) Establish and amend rules, which shall be binding in 442 all member states. 443 (

d) Maintain its financial records in accordance with the 444 bylaws. 445 (

e) Meet and take such actions as are consistent with this 446 compact, the commission’s rules, and the bylaws. 447 (

f) Initiate and conduct legal proceedings or actions in 448 the name of the commission, provided that the standing of any 449 respiratory therapy licensing authority to sue or be sued under 450 applicable law is not affected. 451 (

g) Maintain and certify records and information provided 452 to a member state as the authenticated business records of the 453 commission and designate an agent to do so on the commission’s 454 behalf. 455 (

h) Purchase and maintain insurance and bonds. 456 (

i) Accept or contract for services of personnel, 457 including, but not limited to, employees of a member state. 458 (

j) Conduct an annual financial review. 459 (

k) Hire employees, elect or appoint officers, fix 460 compensation, define duties, grant such individuals appropriate 461 authority to carry out the purposes of the compact, and 462 establish the commission’s personnel policies and programs 463 relating to conflicts of interest, qualifications of personnel, 464

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 19 of 40 CODING: Words stricken are deletions; words underlined are additions. 9. Performing other duties as provided in the rules or 523 bylaws of the commission. 524 (

b) The executive committee shall be composed of up to nine 525 members, as further provided in the bylaws of the commission: 526 1. Seven voting members who are elected by the commission 527 from the current membership of the commission. 528 2. Two ex-officio, nonvoting members. 529 (

c) The commission may remove any member of the executive 530 committee as provided in the commission’s bylaws. 531 (

d) The executive committee shall meet at least annually. 532 1. Executive committee meetings shall be open to the 533 public, except that the executive committee may meet in a 534 closed, nonpublic meeting as provided in paragraph (6)(d). 535 2. The executive committee shall give advance notice of its 536 meetings, posted on its website and as determined to provide 537 notice to persons with an interest in the business of the 538 commission. 539 3. The executive committee may hold a special meeting in 540 accordance with paragraph (6)(b). 541

(5) REPORT.—The commission shall adopt and provide to the 542 member states an annual report. 543

(6) MEETINGS OF THE COMMISSION.— 544 (

a) All meetings of the commission which are not closed 545 pursuant to paragraph (

d) shall be open to the public. Notice of 546 public meetings shall be posted on the commission’s website at 547 least 30 days before the public meeting. 548 (

b) Notwithstanding paragraph (a), the commission may 549 convene an emergency public meeting by providing at least 24 550 hours’ notice on the commission’s website, and by any other 551

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 20 of 40 CODING: Words stricken are deletions; words underlined are additions. means as provided in the commission’s rules, for any of the 552 reasons it may dispense with notice of proposed rulemaking under 553 subsection (7) of

Article IX. The commission’s legal counsel 554 shall certify that one of the reasons justifying an emergency 555 public meeting has been met. 556 (

c) Notice of all commission meetings must provide the 557 time, date, and location of the meeting, and if the meeting is 558 to be held or accessible via telecommunication, video 559 conference, or other electronic means, the notice shall include 560 the mechanism for access to the meeting. 561 (

d) The commission or the executive committee may convene 562 in a closed, nonpublic meeting for the commission or executive 563 committee to receive or solicit legal advice or to discuss any 564 of the following: 565 1. Noncompliance of a member state with its obligations 566 under the compact; 567 2. The employment, compensation, discipline, or other 568 matters, practices, or procedures related to specific employees; 569 3. Current or threatened discipline of a licensee or 570 compact privilege holder by the commission or by a member 571 state’s respiratory therapy licensing authority; 572 4.

Current, threatened, or reasonably anticipated 573 litigation; 574 5. Negotiation of contracts for the purchase, lease, or 575 sale of goods, services, or real estate; 576 6. Accusing any person of a crime or formally censuring any 577 person; 578 7. Trade secrets or commercial or financial information 579 that is privileged or confidential; 580

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 21 of 40 CODING: Words stricken are deletions; words underlined are additions. 8. Information of a personal nature where disclosure would 581 constitute a clearly unwarranted invasion of personal privacy; 582 9. Investigative records compiled for law enforcement 583 purposes; 584 10. Information related to any investigative reports 585 prepared by, on behalf of, or for use by the commission or other 586 committee charged with responsibility of investigation or 587 determination of compliance issues pursuant to the compact; 588 11. Legal advice; 589 12.

Matters specifically exempted from disclosure by 590 federal or member state law; or 591 13. Other matters as adopted by the commission by rule. 592 (

e) If a meeting, or portion of a meeting, is closed, the 593 presiding officer shall state that the meeting will be closed 594 and reference each relevant exempting provision, and such 595 reference shall be recorded in the minutes. 596 (

f) The commission shall keep minutes in accordance with 597 commission rules and bylaws. All documents considered in 598 connection with an action shall be identified in such minutes. 599 All minutes and documents of a closed meeting shall remain under 600 seal, subject to release only by a majority vote of the 601 commission or order of a court of competent jurisdiction. 602

(7) FINANCING OF THE COMMISSION.— 603 (

a) The commission shall pay, or provide for the payment 604 of, the reasonable expenses of its establishment, organization, 605 and ongoing activities. 606 (

b) The commission may accept any and all appropriate 607 revenue sources as provided herein. 608 (

c) The commission may levy on and collect an annual 609

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 22 of 40 CODING: Words stricken are deletions; words underlined are additions. assessment from each member state and impose fees on licensees 610 of member states that are granted compact privilege to cover the 611 cost of the operations and activities of the commission and its 612 staff. The aggregate annual assessment amount for member states, 613 if any, shall be allocated based upon a formula that the 614 commission shall adopt by rule. 615 (

d) The commission may not incur obligations of any kind 616 before securing the funds or a loan adequate to meet the same, 617 nor pledge the credit of any of the member states, except by and 618 with the authority of the member state. 619 (

e) The commission shall keep accurate accounts of all 620 receipts and disbursements. The receipts and disbursements of 621 the commission are subject to the financial review and 622 accounting procedures established under its bylaws. However, all 623 receipts and disbursements of funds handled by the commission 624 are subject to an annual financial review by a certified or 625 licensed public accountant, and the report of the financial 626 review shall be included in and become part of the annual report 627 of the commission. 628

(8) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.— 629 (

a) This compact does not limit the liability of any 630 licensee for professional malpractice or misconduct, which shall 631 be governed solely by any other applicable state laws. 632 (

b) The member states, commissioners, officers, executive 633 directors, employees, and agents of the commission are immune 634 from suit and liability, both personally and in their official 635 capacity, for any claim for damage to or loss of property, 636 personal injury, or other civil liability caused by or arising 637 out of any actual or alleged act, error, or omission that 638

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 23 of 40 CODING: Words stricken are deletions; words underlined are additions. occurred, or that the person against whom the claim is made had 639 a reasonable basis for believing occurred, within the scope of 640 commission employment, duties, or responsibilities. This 641 paragraph does not protect any such person from suit or 642 liability for any damage, loss, injury, or liability caused by 643 the intentional, willful, or wanton misconduct of that person. 644 The procurement of insurance of any type by the commission does 645 not in any way compromise or limit the immunity granted 646 hereunder. 647 (

c) The commission shall defend any commissioner, officer, 648 executive director, employee, and agent of the commission in any 649 civil action seeking to impose liability arising out of any 650 actual or alleged act, error, or omission that occurred within 651 the scope of commission employment, duties, or responsibilities, 652 or as determined by the commission that the person against whom 653 the claim is made had a reasonable basis for believing occurred 654 within the scope of commission employment, duties, or 655 responsibilities.

This paragraph does not prohibit that person 656 from retaining counsel at his or her own expense; and provided 657 further, that the actual or alleged act, error, or omission did 658 not result from that person’s intentional, willful, or wanton 659 misconduct. 660 (

d) The commission shall indemnify and hold harmless any 661 commissioner, member, officer, executive director, employee, and 662 agent of the commission for the amount of any settlement or 663 judgment obtained against that person arising out of any actual 664 or alleged act, error, or omission that occurred within the 665 scope of commission employment, duties, or responsibilities, or 666 that such person had a reasonable basis for believing occurred 667

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 24 of 40 CODING: Words stricken are deletions; words underlined are additions. within the scope of commission employment, duties, or 668 responsibilities, provided that the actual or alleged act, 669 error, or omission did not result from the intentional, willful, 670 or wanton misconduct of that person. 671 (

e) This compact does not waive or otherwise abrogate a 672 member state’s state action immunity or state action affirmative 673 defense with respect to antitrust claims under the Sherman Act, 674 the Clayton Act, or any other state or federal antitrust or 675 anticompetitive law or regulation. 676 (

f) This compact does not waive sovereign immunity by the 677 member states or by the commission. 678 679

ARTICLE VIII 680 DATA SYSTEM 681 682

(1) The commission shall provide for the development, 683 maintenance, operation, and utilization of a coordinated 684 database and reporting system containing licensure, adverse 685 action, and the presence of significant investigative 686 information. 687

(2) Notwithstanding any other provision of state law to the 688 contrary, a member state shall submit a uniform data set to the 689 data system as required by the rules of the commission, 690 including, but not limited to, all of the following: 691 (

a) Identifying information. 692 (

b) Licensure data. 693 (

c) Adverse actions against a licensee, license applicant, 694 or compact privilege holder and information related thereto. 695 (

d) Nonconfidential information related to alternative 696

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 25 of 40 CODING: Words stricken are deletions; words underlined are additions. program participation, the beginning and ending dates of such 697 participation, and other information related to such 698 participation not made confidential under member state law. 699 (

e) Any denial of application for licensure and the reasons 700 for such denial. 701 (

f) The presence of current significant investigative 702 information. 703 (

g) Other information that may facilitate the 704 administration of this compact or the protection of the public, 705 as determined by commission rules. 706

(3) A member state may not submit any information that 707 constitutes criminal history record information, as defined by 708 applicable federal law, to the data system. 709

(4) The records and information provided to a member state 710 pursuant to this compact or through the data system, when 711 certified by the commission or an agent thereof, constitutes the 712 authenticated business records of the commission and are 713 entitled to any associated hearsay exception in any relevant 714 judicial, quasi-judicial, or administrative proceedings in a 715 member state. 716

(5) Significant investigative information pertaining to a 717 licensee in any member state will only be available to other 718 member states. 719

(6) It is the responsibility of the member states to report 720 any adverse action against a licensee and to monitor the 721 database to determine whether adverse action has been taken 722 against a licensee. Adverse action information pertaining to a 723 licensee in any member state will be available to any other 724 member state. 725

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(7) Member states contributing information to the data 726 system may designate information that may not be shared with the 727 public without the express permission of the contributing state. 728

(8) Any information submitted to the data system which is 729 subsequently expunged pursuant to federal law or the laws of the 730 member state contributing the information shall be removed from 731 the data system. 732 733

ARTICLE IX 734 RULEMAKING 735 736

(1) The commission shall adopt reasonable rules in order to 737 effectively and efficiently implement and administer the 738 purposes and provisions of this compact. A rule shall be invalid 739 and have no force or effect only if a court of competent 740 jurisdiction holds that the rule is invalid because the 741 commission exercised its rulemaking authority in a manner that 742 is beyond the scope and purposes of this compact, or the powers 743 granted hereunder, or based upon another applicable standard of 744 review. 745

(2) For purposes of this compact, the rules of the 746 commission shall have the force of law in each member state. 747

(3) The commission shall exercise its rulemaking powers 748 pursuant to the criteria provided in this

article and the rules 749 adopted hereunder. Rules become binding as of the date specified 750 in each rule. 751

(4) If a majority of the legislatures of the member states 752 rejects a rule or portion of a rule, by enactment of a statute 753 or resolution in the same manner used to adopt the compact 754

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 27 of 40 CODING: Words stricken are deletions; words underlined are additions. within 4 years after the date of adoption of the rule, then such 755 rule shall have no further force and effect in any member state. 756

(5) Rules shall be adopted at a regular or special meeting 757 of the commission. 758

(6) Before adoption of a proposed rule, the commission 759 shall hold a public hearing and allow persons to provide oral 760 and written comments, data, facts, opinions, and arguments. 761

(7) Before adoption of a proposed rule by the commission, 762 and at least 30 days before the meeting at which the commission 763 will hold a public hearing on the proposed rule, the commission 764 shall provide a notice of proposed rulemaking in all of the 765 following manners: 766 (

a) On the website of the commission or other publicly 767 accessible platform. 768 (

b) To persons who have requested notice of the 769 commission’s notices of proposed rulemaking. 770 (

c) In such other ways as the commission may by rule 771 specify. 772

(8) The notice of proposed rulemaking shall include all of 773 the following information: 774 (

a) The time, date, and location of the public hearing at 775 which the commission will hear public comments on the proposed 776 rule and, if different, the time, date, and location of the 777 meeting where the commission will consider and vote on the 778 proposed rule. 779 (

b) If the hearing is held via telecommunication, video 780 conference, or other electronic means, the commission shall 781 include the mechanism for access to the hearing in the notice of 782 proposed rulemaking. 783

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c) The text of and reason for the proposed rule. 784 (

d) A request for comments on the proposed rule from any 785 interested person. 786 (

e) The manner in which interested persons may submit 787 written comments. 788

(9) All hearings will be recorded. A copy of the recording 789 and all written comments and documents received by the 790 commission in response to the proposed rule shall be available 791 to the public. 792

(10) This

article does not require a separate hearing on 793 each rule. Rules may be grouped for the convenience of the 794 commission at hearings required by this article. 795

(11) The commission shall, by majority vote of all 796 commissioners, take final action on the proposed rule based on 797 the rulemaking record and the full text of the rule. 798 (

a) The commission may adopt changes to the proposed rule, 799 provided the changes are consistent with the original purpose of 800 the proposed rule. 801 (

b) The commission shall provide an explanation of the 802 reasons for substantive changes made to the proposed rule as 803 well as reasons for substantive changes not made which were 804 recommended by commenters. 805 (

c) The commission shall determine a reasonable effective 806 date for the rule. Except for an emergency as provided in 807 subsection (12), the effective date of the rule shall be no 808 sooner than 30 days after issuing the notice that it adopted or 809 amended the rule. 810

(12) Upon determination that an emergency exists, the 811 commission may consider and adopt an emergency rule with 24 812

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 29 of 40 CODING: Words stricken are deletions; words underlined are additions. hours’ notice, and with opportunity to comment, provided that 813 the usual rulemaking procedures provided in the compact and in 814 this

article shall be retroactively applied to the rule as soon 815 as reasonably possible, in no event later than 90 days after the 816 effective date of the rule. For the purposes of this subsection, 817 an emergency rule is one that must be adopted immediately in 818 order to: 819 (

a) Meet an imminent threat to public health, safety, or 820 welfare; 821 (

b) Prevent a loss of commission or member state funds; 822 (

c) Meet a deadline for the adoption of a rule that is 823 established by federal law or rule; or 824 (

d) Protect public health and safety. 825

(13) The commission or an authorized committee of the 826 commission may direct revisions to a previously adopted rule for 827 purposes of correcting typographical errors, errors in format, 828 errors in consistency, or grammatical errors. Public notice of 829 any revisions shall be posted on the website of the commission. 830 The revision shall be subject to challenge by any person for a 831 period of 30 days after posting. The revision may be challenged 832 only on grounds that the revision results in a material change 833 to a rule.

A challenge shall be made in writing and delivered to 834 the commission before the end of the notice period. If no 835 challenge is made, the revision will take effect without further 836 action. If the revision is challenged, the revision may not take 837 effect without the approval of the commission. 838

(14) A member state’s rulemaking process or procedural 839 requirements do not apply to the commission. The commission does 840 not have authority over any member state’s rulemaking process or 841

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 30 of 40 CODING: Words stricken are deletions; words underlined are additions. procedural requirements that do not pertain to the compact. 842

(15) This compact, or any rule or regulation of the 843 commission, does not limit, restrict, or in any way reduce the 844 ability of a member state to enact and enforce laws, 845 regulations, or other rules related to the practice of 846 respiratory therapy in that state, where those laws, 847 regulations, or other rules are not inconsistent with the 848 provisions of this compact. 849 850

ARTICLE X 851 OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 852 853 (1)(

a) The executive and judicial branches of state 854 government in each member state shall enforce this compact and 855 take all actions necessary and appropriate to implement this 856 compact. 857 (

b) Venue is proper and judicial proceedings by or against 858 the commission shall be brought solely and exclusively in a 859 court of competent jurisdiction where the principal office of 860 the commission is located. The commission may waive venue and 861 jurisdictional defenses to the extent it adopts or consents to 862 participate in alternative dispute resolution proceedings. 863 Nothing herein affects or limits the selection or propriety of 864 venue in any action against a licensee for professional 865 malpractice, misconduct, or any such similar matter. 866 (

c) The commission is entitled to receive service of 867 process in any proceeding regarding the enforcement or 868

interpretation of this compact and has standing to intervene in 869 such a proceeding for all purposes. Failure to provide the 870

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 31 of 40 CODING: Words stricken are deletions; words underlined are additions. commission service of process shall render a judgment or order 871 void as to the commission, this compact, or adopted rules. 872 (2)(

a) If the commission determines that a member state has 873 defaulted in the performance of its obligations or 874 responsibilities under this compact or the adopted rules, the 875 commission shall provide written notice to the defaulting state. 876 The notice of default shall describe the default, the proposed 877 means of curing the default, and any other action that the 878 commission may take and shall offer training and specific 879 technical assistance regarding the default. 880 (

b) The commission shall provide a copy of the notice of 881 default to the other member states. 882

(3) If a state in default fails to cure the default, the 883 defaulting state may be terminated from the compact upon an 884 affirmative vote of a majority of the commissioners of the 885 member states, and all rights, privileges, and benefits 886 conferred on that state by this compact may be terminated on the 887 effective date of termination. A cure of the default does not 888 relieve the offending state of obligations or liabilities 889 incurred during the period of default. 890

(4) Termination of membership in this compact shall be 891 imposed only after all other means of securing compliance have 892 been exhausted. Notice of intent to suspend or terminate shall 893 be given by the commission to the Governor, the Majority Leaders 894 and Minority Leaders of the defaulting state’s Legislature, the 895 defaulting state’s respiratory therapy licensing authority, and 896 each of the member states’ respiratory therapy licensing 897 authorities. 898

(5) A state that has been terminated is responsible for all 899

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 32 of 40 CODING: Words stricken are deletions; words underlined are additions. assessments, obligations, and liabilities incurred through the 900 effective date of termination, including obligations that extend 901 beyond the effective date of termination, if necessary. 902

(6) Upon the termination of a state’s membership from this 903 compact, that state shall immediately provide notice to all 904 licensees and compact privilege holders of which the commission 905 has a record within that state of the termination. The 906 terminated state shall continue to recognize all licenses 907 granted pursuant to the compact for a minimum of 180 days after 908 the date of the notice of termination. 909

(7) The commission may not bear any costs related to a 910 state that is found to be in default or that has been terminated 911 from the compact, unless agreed upon in writing between the 912 commission and the defaulting state. 913

(8) The defaulting state may appeal the action of the 914 commission by petitioning the United States District Court for 915 the District of Columbia or the federal district where the 916 commission has its principal offices. The prevailing party shall 917 be awarded all costs of such litigation, including reasonable 918 attorney fees. 919 (9)(

a) Upon request by a member state, the commission shall 920 attempt to resolve disputes related to the compact which arise 921 among member states and between member and nonmember states. 922 (

b) The commission shall adopt a rule providing for both 923 mediation and binding dispute resolution for disputes, as 924 appropriate. 925 (10)(

a) By majority vote, as may be further provided by 926 rule, the commission may initiate legal action against a member 927 state in default in the United States District Court for the 928

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 33 of 40 CODING: Words stricken are deletions; words underlined are additions. District of Columbia or the federal district where the 929 commission has its principal offices to enforce compliance with 930 this compact and its adopted rules. A member state, by enactment 931 of this compact, consents to venue and jurisdiction in such 932 court for the purposes provided herein. The relief sought may 933 include both injunctive relief and damages.

In the event 934 judicial enforcement is necessary, the prevailing party shall be 935 awarded all costs of such litigation, including reasonable 936 attorney fees. The remedies herein are not the exclusive 937 remedies of the commission. The commission may pursue any other 938 remedies available under federal law or the defaulting member 939 state’s law. 940 (

b) A member state may initiate legal action against the 941 commission in the United States District Court for the District 942 of Columbia or the federal district where the commission has its 943 principal offices to enforce compliance with this compact and 944 its adopted rules. The relief sought may include both injunctive 945 relief and damages. In the event judicial enforcement is 946 necessary, the prevailing party shall be awarded all costs of 947 such litigation, including reasonable attorney fees. 948 (

c) Only a member state may enforce this compact against 949 the commission. 950 951

ARTICLE XI 952 EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 953 954

(1) This compact shall come into effect on the date on 955 which the compact statute is enacted into law in the seventh 956 member state. 957

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a) On or after the effective date of the compact, the 958 commission shall convene and review the enactment of each of the 959 first seven member states to determine if the statute enacted by 960 each such charter member state is materially different from the 961 model compact. 962 1. A charter member state whose enactment is found to be 963 materially different from the model compact is entitled to the 964 default process provided in

Article X. 965 2. If any member state is later found to be in default, or 966 is terminated or withdraws from the compact, the commission 967 shall remain in existence and the compact shall remain in effect 968 even if the number of member states is fewer than seven. 969 (

b) Member states enacting the compact subsequent to the 970 seven initial charter member states shall be subject to the 971 process provided herein and commission rule to determine if such 972 state’s enactments are materially different from the model 973 compact and whether the state qualifies for participation in the 974 compact. 975 (

c) All actions taken for the benefit of the commission or 976 in furtherance of the purposes of the administration of the 977 compact before the effective date of the compact or the 978 commission coming into existence are considered to be actions of 979 the commission unless specifically repudiated by the commission. 980 The commission owns and has all rights to any intellectual 981 property developed on behalf or in furtherance of the commission 982 by individuals or entities involved in organizing or 983 establishing the commission, as may be further provided in 984 commission rules. 985 (

d) Any state that joins the compact subsequent to the 986

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 35 of 40 CODING: Words stricken are deletions; words underlined are additions. commission’s initial adoption of the rules and bylaws is subject 987 to the rules and bylaws as they exist on the date on which the 988 compact becomes law in that state. Any rule or bylaw that has 989 been previously adopted by the commission has the full force and 990 effect of law on the date the compact becomes law in that state. 991

(2) Any member state may withdraw from this compact by 992 enacting a statute repealing the same. 993 (

a) A member state’s withdrawal does not take effect until 994 180 days after enactment of the repealing statute. 995 (

b) Withdrawal does not affect the continuing requirement 996 of the withdrawing state’s respiratory therapy licensing 997 authority to comply with the investigative and adverse action 998 reporting requirements of this compact before the effective date 999 of withdrawal. 1000 (

c) Upon the enactment of a statute withdrawing from this 1001 compact, a state shall immediately provide notice of such 1002 withdrawal to all licensees and compact privilege holders of 1003 which the commission has a record within that state. 1004 Notwithstanding any subsequent statutory enactment to the 1005 contrary, such withdrawing state shall continue to recognize all 1006 licenses granted pursuant to this compact for a minimum of 180 1007 days after the date of such notice of withdrawal. 1008

(3) This compact does not invalidate or prevent any 1009 licensure agreement or other cooperative arrangement between a 1010 member state and a nonmember state that does not conflict with 1011 the provisions of this compact. 1012

(4) This compact may be amended by the member states. An 1013 amendment to this compact does not become effective and binding 1014 upon any member state until it is enacted into the laws of all 1015

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ARTICLE XII 1018 CONSTRUCTION AND SEVERABILITY 1019 1020

(1) This compact and the commission’s rulemaking authority 1021 shall be liberally construed so as to effectuate the purposes 1022 and the implementation and administration of the compact. 1023 Provisions of the compact expressly authorizing or requiring the 1024 adoption of rules does not limit the commission’s rulemaking 1025 authority solely for those purposes. 1026

(2) The provisions of this compact are severable, and if 1027 any phrase, clause, sentence, or provision of this compact is 1028 held by a court of competent jurisdiction to be contrary to the 1029 constitution of any member state, a state seeking participation 1030 in the compact, or the United States, or the applicability 1031 thereof to any government, agency, person, or circumstance is 1032 held to be unconstitutional by a court of competent 1033 jurisdiction, the validity of the remainder of this compact and 1034 the applicability thereof to any other government, agency, 1035 person, or circumstance is not affected. 1036

(3) Notwithstanding subsection (2), the commission may deny 1037 a state’s participation in the compact or, in accordance with 1038 the requirements of

Article X, terminate a member state’s 1039 participation in the compact, if it determines that a 1040 constitutional requirement of a member state is a material 1041 departure from the compact. Otherwise, if the compact is held to 1042 be contrary to the constitution of any member state, the compact 1043 shall remain in full force and effect as to the remaining member 1044

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ARTICLE XIII 1048 CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 1049 1050

(1) This compact does not prevent or inhibit the 1051 enforcement of any other law of a member state that is not 1052 inconsistent with the compact. 1053

(2) Any laws, statutes, regulations, or other legal 1054 requirements in a member state in conflict with this compact are 1055 superseded to the extent of the conflict, including any 1056 subsequently enacted state laws. 1057

(3) All permissible agreements between the commission and 1058 the member states are binding in accordance with their terms. 1059

(4) Other than as expressly provided herein, this compact 1060 does not impact initial licensure. 1061

Section 2. Subsection (5) of

section 456.076, Florida 1062 Statutes, is amended to read: 1063 456.076 Impaired practitioner programs.— 1064

(5) A consultant shall enter into a participant contract 1065 with an impaired practitioner and shall establish the terms of 1066 monitoring and shall include the terms in a participant 1067 contract. In establishing the terms of monitoring, the 1068 consultant may consider the recommendations of one or more 1069 approved evaluators, treatment programs, or treatment providers. 1070 A consultant may modify the terms of monitoring if the 1071 consultant concludes, through the course of monitoring, that 1072 extended, additional, or amended terms of monitoring are 1073

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 38 of 40 CODING: Words stricken are deletions; words underlined are additions. required for the protection of the health, safety, and welfare 1074 of the public.

If the impaired practitioner is an audiologist or 1075 a speech-language pathologist practicing under the Audiology and 1076 Speech-Language Pathology Interstate Compact pursuant to s. 1077 468.1335, a respiratory therapist holding compact privilege 1078 under the Respiratory Care Interstate Compact pursuant to s. 1079 468.371, a physical therapist or physical therapist assistant 1080 practicing under the Physical Therapy Licensure Compact pursuant 1081 to s. 486.112, a psychologist practicing under the Psychology 1082 Interjurisdictional Compact pursuant to s. 490.0075, or a health 1083 care practitioner practicing under the Professional Counselors 1084 Licensure Compact pursuant to s. 491.017, the terms of the 1085 monitoring contract must include the impaired practitioner’s 1086 withdrawal from all practice under the compact unless authorized 1087 by a member state. 1088

Section 3. Present subsection (3) of

section 468.353, 1089 Florida Statutes, is redesignated as subsection (4), and a new 1090 subsection (3) is added to that

section to read: 1091 468.353 Board of Respiratory Care; powers and duties.— 1092

(3) The board shall appoint an individual to serve as the 1093 state’s commissioner on the Respiratory Care Interstate Compact 1094 Commission pursuant to s. 468.371. 1095

Section

Section 468.355, Florida Statutes, is amended to 1096 read: 1097 468.355 Licensure requirements.—To be eligible for 1098 licensure by the board, an applicant must be an active 1099 “certified respiratory therapist” or an active “registered 1100 respiratory therapist” as designated by the National Board for 1101 Respiratory Care, or its successor, and submit to background 1102

Florida Senate - 2026 SB 970 8-01271-26 2026970__ Page 39 of 40 CODING: Words stricken are deletions; words underlined are additions. screening in accordance with s. 456.0135. A person licensed as a 1103 respiratory therapist in another state who is practicing under 1104 the Respiratory Care Interstate Compact under s. 468.371, and 1105 only within the scope provided therein, is exempt from the 1106 licensure requirements of this section. 1107

Section 5. Subsection (5) is added to

section 468.361, 1108 Florida Statutes, to read: 1109 468.361 Renewal of licensure; continuing education.— 1110

(5) The board may take adverse action against the compact 1111 privilege of a respiratory therapist under s. 468.371 and may 1112 impose any of the penalties in s. 456.072(2) if a respiratory 1113 therapist commits

an act specified in s. 468.365(1) or s. 1114 456.072(1). 1115

Section 6. Paragraph (

m) is added to subsection (10) of 1116

section 768.28, Florida Statutes, to read: 1117 768.28 Waiver of sovereign immunity in tort actions; 1118 recovery limits; civil liability for damages caused during a 1119 riot; limitation on attorney fees; statute of limitations; 1120 exclusions; indemnification; risk management programs.— 1121 (10) 1122 (

m) For purposes of this section, the individual appointed 1123 under s. 468.371 as the state’s commissioner on the Respiratory 1124 Care Interstate Compact Commission, when serving in that 1125 capacity pursuant to s. 468.371, and any administrator, officer, 1126 executive director, employee, or representative of the 1127 Respiratory Care Interstate Compact Commission, when acting 1128 within the scope of his or her employment, duties, or 1129 responsibilities in this state, is considered an agent of the 1130 state. The commission shall pay any claims or judgments pursuant 1131

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section and may maintain insurance coverage to pay any 1132 such claims or judgments. 1133

Section 7. This act shall take effect July 1, 2026. 1134