The Council of State Governments National Center for Interstate Compacts has relaunched its national database of interstate compacts. The database tracks more than 2,000 interstate compact enactments from nearly 300 different compacts which date back to the founding of the United States. In addition to compact enactment data, the database provides pertinent information regarding interstate compacts and commissions, including the compact model language and the name and website of the commission associated with the compact.
The National Center for Interstate Compacts is one of the most longstanding programs at CSG, providing technical assistance in the development of numerous interstate compacts. In addition, the National Center for Interstate Compacts seeks to educate CSG membership and the public functions of interstate compacts.
According to CSG Chief Public Policy Officer Shawn Jurgensen, the National Center for Interstate Compacts Database will contribute to the success of CSG in the field of interstate compacts and help promote innovative forms of interstate cooperation.
“Some of the greatest policy achievements in the history of the United States have been a result of interstate compacts,” said Jurgensen. “The driver’s license, metropolitan transportation systems in New York City and Washington, D.C., and numerous interstate projects on the protection of natural resources have all been developed through interstate compacts. By providing policymakers and our members with the most comprehensive database on interstate compacts available, we greatly enhance our ability to serve state leaders as they develop innovative interstate solutions. The Council of State Governments is the national leader in interstate compacts and this database will ensure we remain state government’s go-to source in this essential policy area.”
This database will be the most comprehensive collection of interstate compact data available and will allow the public to research interstate compact enactments which span 21 different policy areas and include enactments from every state as well as numerous U.S. territories and Canadian provinces.
CSG staff worked alongside Jeff Litwak, general counsel to the bi-state Columbia River Gorge Commission, adjunct professor of law at Lewis and Clark Law School and contributor to the American Bar Association’s casebook on interstate compact law, to gather information for the database.
“There are numerous resources aggregating the practice and law of interstate compacts, but they are not a substitute for CSG’s database,” said Litwak. “The database is my go-to source for compacts, where I can get copies of states’ enactments and compare them, make lists of compacts for legal briefs and send my students to start their research. The database has also been cited in several court decisions, so we know judges are finding it. It is one of the most valuable compact resources for empirical research.”
CSG invites policymakers, researchers and the public to utilize our database for their work and to gain knowledge on interstate compacts and their impact on shaping the landscape of public policy throughout the country. The National Center for Interstate Compacts hopes that the relaunch of the National Center for Interstate Compacts Database will promote new discussions around interstate compacts so we encourage those who visit the database to provide feedback on how it can better serve their needs.
The continued success of the 17 available occupational licensure compacts has been accompanied by intermittent difficulties for states and territories when conducting background checks through the FBI for an authorization to practice from an interstate compact. To alleviate this barrier, the bipartisan SHARE Act was introduced by Kansas Rep. Tracey Mann.
Fifty-seven pieces of licensure compact legislation enacted in 2023; 290 enacted since 2016.
By Jessica Thomas and Kaitlyn Bison
A recent uptick in the number of newly enacted licensure compacts has come as result of support from both sides of the aisle. The rise in these compacts, which establish mutual agreement between member states for professional licensure, offer state legislatures an opportunity to safeguard state sovereignty while also ensuring the quality and safety of services.
Since 2016, 290 pieces of licensure compact legislation have been enacted and, to date, 46 states, Washington, D.C., and three territories have enacted licensure compact legislation. A total of 15 professions currently have a compact available to states for enactment. In 2023, 57 pieces of compact legislation were enacted, with six new compacts becoming available for states to enact.
The National Center for Interstate Compacts, housed within The Council of State Governments, played a role in the development of all active licensure compacts. Through the work of NCIC, as well as policymakers sponsoring compact-related legislation, licensees in compact member states can more quickly obtain authorization to practice and get to work in other member states.
BIPARTISAN SUPPORT FOR WORKFORCE ADVANCEMENT
Compact legislation has experienced success in states with majorities from both sides of the aisle, while also having been sponsored by legislators from both parties. Support for state workforces proved to be a unifying theme among sponsors of 2023 compact legislation.
Rep. Michelle Caldier, a Washington Republican elected into the House in 2014, was grateful for the bipartisan support she received when sponsoring the Dentist and Dental Hygienist Compact, which is recognized in Washington as HB 1576. Resolving workforce issues in the state, especially within health care, has been a priority.
“I think trying to resolve Washington’s workforce issues is one of those things — across the board — that we acknowledge as one of the state’s goals,” Caldier said. “Breaking down the borders and allowing people from other states to come in and practice easily was one we could get a win on, so that was one of my focuses.”
Bipartisan support led to the enactment of the Cosmetology Compact bill in Arizona, where the successful HB 2049 was sponsored by Republican Rep. Tim Dunn.
“This is a bipartisan bill that promotes the flexibility for stylists to move between states,” Dunn said. “Arizona has a lot of winter visitors, and this could provide work for them when they visit.”
In Indiana, Democratic Sen. J.D. Ford coauthored both SB 251 ‚ the Interstate Medical Licensure Compact, and SB 160, the Counseling Compact. In addition to highlighting the bipartisan sponsorship of these bills, he explained ways in which he collaborated with his counterparts in the Indiana General Assembly to learn about and address community health needs.
“Access to care isn’t a partisan issue, it impacts all communities,” Ford said. “I think we were able to really come together well in that common goal with these compact bills.”
MILITARY FAMILY BENEFITS
Legislators often mention how compacts break down barriers for military families who move frequently and face challenges working in a licensed profession. Without a licensure compact, both military members and their spouses must navigate each state’s process for licensure.
Nebraska Sen. Carol Blood, a Democrat motivated to sponsor several compacts, believes they offer many benefits and opportunities to military families.
“Interstate compacts benefit others in specific licensure areas, but the reason I started working with these compacts is because of our military families,” Blood said. “Military families tend to move every two to three years, which means new schools, new doctors, new homes and more. This is one less headache for these families to deal with.”
Due to the increased military support, the Department of Defense facilitated the development of interstate compacts as a mechanism for ensuring the portability of professional licenses for military spouses. In September 2020, the Department of Defense entered into a cooperative agreement with CSG to fund the creation of new interstate compacts designed to strengthen licensure portability.
“[Compacts] are very positive for military partners who move to our state and people who are moving out of active service but want to continue working in a field where they are already licensed in another compact state,” said Colorado Rep. Mary Young.
PROFESSIONAL PERSPECTIVES
Many sponsors of compact legislation were licensed professionals themselves. The sponsors of Colorado HB 23-1064, the Interstate Teacher Mobility Compact, worked in the field of education and understand the barriers teachers face.
Young, a Democrat and former special education teacher and school psychologist, noted having her own experience with barriers to licensure as a teacher upon moving to Colorado. She admired efficiency and ease that compacts brought to licensure and wanted teachers moving to Colorado to remain in the profession.
“With the Interstate Teacher Mobility Compact, we can ensure that teachers who want to come to Colorado can do so,” said Colorado Rep. Meghan Lukens, a Democrat and former social studies teacher. “Giving teachers
the flexibility to live and work in any state in the compact benefits everyone. This compact will help incentivize teachers to stay teachers because of the flexibility that is provided to move to other states.”
As a former dentist, Caldier, like Lukens and Young, was also familiar with the compact profession she sponsored. She also recognized the need for license mobility and the need to address the shortage of dental hygienists in Washington. Although she continues to support the field of dentistry, Caldier’s support of compacts extends to other professions as a cosponsor on the Counseling Compact, the Nurse Licensure Compact and the Occupational Therapy Compact.
Licensure Compact Enactments by State and Territory
TELEHEALTH
Licensure compacts for health care professions can bring an added benefit to states: access to telehealth services. Ford said that compacts can “provide us with the opportunity to have more providers move to Indiana, but also greatly expand telehealth opportunities when you can meet with specialists in other states.”
Much of the general population can benefit from the increase in telehealth that compacts present. Communities that do not have access to health care providers, as well as people with low mobility due to a lack of public transportation or low accessibility, can all benefit from a rise in telehealth.
Of the 15 available licensure compacts, Audiology and Speech-Language Pathology, Psychology Interjurisdictional Compact, Counseling, Occupational Therapy and Social Work include provisions specific to telehealth.
Blood offered the example of Nebraska LB 1034, the Psychology Compact, as psychology is a licensed profession. If a patient moves or travels to a different state than where their psychologist is licensed, their care can be stalled or halted.
“Prior to that compact, Nebraska psychologists could not legally counsel someone over the phone if they were to have a mental health crisis in another state because that psychologist would not be licensed in that state,” Blood said. “With the compact, if the psychologist belongs [to the compact] as well as the state the patient is calling from, that psychologist can provide care for their patient.”
With the rise of telehealth and telemedicine, compacts are an important tool to meet the needs of patients. As more states join compacts, the pool of providers grows, and patients access to care expands.
OPPORTUNITIES FOR INCREASED STATE INVOLVEMENT
Legislators developed key takeaways throughout the process of introducing and enacting compact legislation. Attending informative events, involving key stakeholders, and working with colleagues from all parties enabled success.
Several legislators noted how collaborative convenings, such as the CSG National Conference, are useful for learning from other leaders who have sponsored compact legislation. At the 2022 CSG National Conference, Caldier learned about the Dentist and Dental Hygienist Compact while Kansas Sen. Pat Pettey was impressed by discussion on the Teacher Compact.
Pettey, a Democrat, and Washington Republican Sen. Ron Muzzall both suggest involving others, including other legislators and members of boards and professional associations.
“Engage stakeholders on an individual basis and engage with Department of Defense and organizations dedicated to supporting military spouses,” said Muzzall, who introduced Washington SB 5219, the Counseling Compact.
As the sponsor for Kansas SB 66, the Interstate Teacher Mobility Compact, Pettey recommended looking at compacts with an open mind.
“Take note of compacts your state may already be involved in,” Pettey said. “Make sure that you talk to other legislators on either side of the aisle about the legislation that you are considering introducing, as well as talking to your state board of education and your teachers’ associations. Doing early work to make contact with other parties will be helpful for when they actually introduce [legislation].”
More information on compacts can be found at the following website: compacts.csg.org. Policymakers interested in sponsoring a licensure compact can reach the National Center for Interstate Compacts via email at [email protected].
Licensing for the roughly 3.7 million teachers in the country has historically been a system with unclear barriers between states, making it difficult for educators to relocate and attain a teaching license in another state. Military spouses are particularly impacted by these limitations — they move residences between states frequently as their spouses are relocated to various posts and are often met with licensing barriers.
Recognizing these obstacles, in 2020 the Department of Defense entered into a cooperative agreement with The National Center for Interstate Compacts at The Council of State Governments. Authorized by Congress in the 2020 National Defense Authorization Act, the cooperative agreement provides funding for the development of up to ten new occupational licensure compacts. A compact for teachers was a priority for the Department of Defense.
Model legislation to join the Interstate Teacher Mobility Compact was released to states in November 2022 after more than a year of development, public comment and stakeholder review. In June, Oregon joined nine other states — Colorado, Utah, Kentucky, Oklahoma, Kansas, Florida, Alabama, Nebraska and Nevada — in fully enacting the compact legislation. With the addition of this tenth state, the compact became active — the fastest occupational licensure compact to do so.
“A military spouse shouldn’t have to choose between supporting their family and pursuing their profession. Thankfully, states are working together to ensure they won’t have to,” said David Adkins, executive director/CEO of The Council of State Governments.
“The ten states that have already enacted the Interstate Teacher Mobility Compact are reducing barriers to mobility for licensed teachers, and that’s good news to the many teachers in military families who will move to those states. CSG is proud to work with state officials and honored to partner with the U.S. Department of Defense to help create new tools to support military families. We look forward to continuing to be a resource for the ITMC Commission and its member states.”
Maintaining state sovereignty is one of the cornerstones of the Interstate Teacher Mobility Compact. The compact does not alter member states’ ability to regulate the teaching profession or teacher licensure. Member states take on some responsibility to grant licenses to out-of-state teachers, but any standing pathways to teacher licensure within the state will remain in place.
Addressing Teacher Shortages
While districts across the country are facing widespread teacher shortages, the Teacher Mobility Compact streamlines the systems of licensure mobility in member states.
“Teachers who relocated can find it difficult to navigate the waters of license issuance in a new state,” said Jimmy Adams, executive director of the National Association of State Directors of Teacher Education and Certification. “Many of these are professionals with years of experience who decide to leave the profession because of the barriers they confront.”
The teaching compact utilizes a different model than other interstate occupational licensure compacts. Compact member states submit licenses that are eligible for the compact and meet a set of criteria outlined in the legislation. To be eligible, a license must require a bachelor’s degree and completion of a state-approved program for teacher licensure like a teacher preparation program at a college or university. Teachers holding a compact-eligible license can apply for licensure in another member state and receive the closest equivalent license without submitting additional materials, taking state-specific exams or completing additional coursework.
This compact maintains each member state’s standards while recognizing the professional who holds this high-level license,” Adams said. “This compact will keep many teachers in the profession who may otherwise leave.”
Next Steps
Later this year, the compact member states will nominate their commissioners and the first meeting of the Interstate Teacher Mobility Compact Commission will be held to draft the bylaws and rules of the compact.
Currently, several states are still considering legislation to join the teaching compact. Those who join will also be included in this meeting if the legislation is passed before the first convening.
For more information about the Interstate Teacher Mobility Compact or to view the model legislation, visit teachercompact.org. To learn more about the National Center for Interstate Compacts and other occupational licensure compacts, visit compacts.csg.org.
About Occupational Licensure Interstate Compacts
Occupational licensure compacts create reciprocity between states while maintaining the quality and safety of services and protecting state sovereignty. Compacts result in a more efficient distribution of licensed workers by supporting practitioner mobility.
In addition to its work with the Department of Defense, the CSG National Center for Interstate Compacts led the development of interstate compacts for physicians, nurses, emergency medical services personnel, physical therapists, psychologists, occupational therapists, licensed professional counselors and audiologists/speech-language pathologists. More than 40 states and territories have adopted at least one of the compacts and over half have adopted three or more.
About CSG and the National Center for Interstate Compacts
Founded in 1933, The Council of State Governments is the nation’s only organization serving all three branches of state government. CSG is a region-based forum that fosters the exchange of insights and ideas to help state officials shape public policy. This offers unparalleled regional, national and international opportunities to network, develop leaders, collaborate and create problem-solving partnerships. Learn more at csg.org.
CSG has more than 75 years of experience promoting multi-state problem solving and advocating the role of the states in determining their respective futures. The National Center for Interstate Compacts is a policy program developed by CSG to assist states in developing interstate compacts, which have proved to be an effective mechanism for states to jointly problem solve. Learn more at compacts.csg.org.
As society becomes more mobile, the need for workers to begin or continue careers in new states is a critical concern. This is especially true for those in state-licensed occupations. When individuals in these fields move across state boundaries, it can take months to receive an occupational license in their new state and resume practicing.
Both dentists and dental hygienists are included in this category of professions that face licensure challenges when moving across state lines. Although states have considerable similarities between education, examination and other licensure requirements for dentists and dental hygienists, acquiring a new license before a dentist or dental hygienist begins practicing in a new state can be time-consuming and costly.
This issue is especially prevalent for military families, who move between states with greater frequency than other population groups. As part of an ongoing effort by The Council of State Governments and the Department of Defense to help alleviate burdens related to interstate occupational licensure, dentists and dental hygienists will soon have an interstate licensure compact.
Interstate compacts are legislatively enacted contractual agreements between states. They allow practitioners to obtain the authority to practice in multiple states without needing to maintain multiple licenses. Interstate compacts also allow for greater public protection, as states share data about licensees and licensing concerns via a compact data system.
In September 2020, DOD and CSG started working together through a collaborative agreement to develop several new interstate licensure compacts. In March 2021, the Department of Defense selected the first round of professions to receive funding and technical assistance for compact development after a competitive application process. The selection of professions included dentists and dental hygienists. In partnership with the American Dental Association (ADA) and the American Dental Hygienists’ Association (ADHA), CSG began developing the compact for dentists and dental hygienists.
The compact development team first conducted a comparison of licensing requirements across states. Using this research, CSG convened a technical assistance group made up of regulators, administrators, legislators, dentists, dental hygienists and dentistry students to outline goals for the compact. A smaller group, the document team, subsequently worked on applying the compact goals to the provisions of the legislative language in the compact, while also defining other technical aspects of the compact. The draft was made available for public comment for two months to inform further revisions of the compact. CSG is currently working to finalize changes to the document with the document team before the compact legislation is available for state adoption.
States who are interested in joining the compact will need to enact the compact through their standard legislative process. At that point, they will become a participating state. Participating states each appoint a commissioner who collectively administers the compact via a compact commission. Through the commission, the compact will continue to reflect the will of the participating states through rulemaking and other administrative policies
The compact is expected to be available for state adoption in 2023. In addition to dentists and dental hygienists, CSG is also working to develop compacts for massage therapists, cosmetologists, teachers and social workers. For more information about the Dentist and Dental Hygienist Compact visit compacts.csg.org.
States are stronger when they collaborate to solve shared policy problems. Supporting military families, organizing the use of water resources and expanding access to telehealth services are among the key areas that transcend state borders. State coordination can be effective, but it requires a deliberate and detailed recognition of state differences and the ability to structure interstate agreements in a way that promotes mutual, long-term success.
To achieve these goals, states can leverage the power of interstate agreements. Interstate compacts are legislatively enacted agreements involving two or more states or territories or Washington D.C. Compacts are a primary tool states use to collaborate on shared policy issues. These agreements are versatile in nature and can help states:
Settle interstate disputes.
Respond to national priorities in cooperation with federal agencies.
Maintain sovereignty in matters reserved to states.
Create economies of scale to reduce administrative costs.
Address regional issues affecting multiple states.
There are more than 200 active interstate compacts. They have been commonly used by states to coordinate and collaborate on issues such as natural resource sharing, workforce and education policies and health care delivery.
To help states develop, implement and sustain interstate compacts, CSG established The National Center for Interstate Compacts. NCIC is the only technical assistance provider on interstate compacts in the U.S. NCIC is a clearinghouse of compact information and provides educational and consulting services to states. States and stakeholder groups can engage with NCIC if they are interested in learning more about existing compacts or want to get involved with new compact efforts.
NCIC Project Example – Occupational Licensure Compacts
NCIC is working with federal and state partners and profession stakeholder groups to create new occupational licensure compacts. Occupational licensure compacts are mechanisms to help licensed professionals — particularly health care providers — work in multiple states. The compacts help states provide greater access to services, reduce administrative burdens and strengthen the protection of public health and safety.
The Department of Defense partnered with The Council of State Governments in 2021 through a cooperative agreement to fund and support the development of new interstate compacts for occupational licensure. The specific goal of this partnership is to provide greater license mobility for families of military personnel. This population moves often and faces challenges in being able to practice their profession in their new states. Current occupational licensure compacts under development include dentistry, cosmetology, teaching, massage therapy, dietetic nutrition, social work and school psychologists.
CSG is also working with stakeholder groups on the formation and administration of new compacts for audiology and speech language pathology, physician assistants/associates, occupational therapy and counseling.
For additional information on upcoming and developed compacts, visit www.compacts.csg.org or connect on Instagram @csgcompacts or Twitter @csg_compacts.
CSG partners with the Department of Defense to reduce workforce barriers for military spouses and other practitioners of licensed professions
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How can the states reduce workforce barriers for military spouses and other practitioners of licensed professions?
That’s the question CSG is exploring through a competitive interstate compacts program in partnership with the U.S. Department of Defense (DOD). Following a competitive application process, CSG selected five professions to work with the CSG National Center for Interstate Compacts in developing model legislation that would help military spouses and other practitioners gain professional license portability through interstate compacts. The professions selected for compact assistance are cosmetology and barbering, dentistry and dental hygiene, massage therapy, social work and K-12 teaching.
Kicking off the project, CSG hosted a webinar series that brought together state leaders, subject matter experts and members of the professions to discuss the background and importance of this project. The final installment of the series on Aug. 24 at 2 p.m. (Eastern) will explore the Dentistry and Dental Hygiene Compact. (Click here to register).
Recordings of previous webinars are available on the CSG YouTube page:
Occupational licensure compacts create reciprocity between states while maintaining the quality and safety of services and protecting state sovereignty. Compacts result in a more efficient distribution of licensed workers by supporting practitioner mobility.
Prior to its partnership with the Department of Defense, the CSG National Center for Interstate Compacts led the development of interstate compacts for physicians, nurses, emergency medical services personnel, physical therapists, psychologists, occupational therapists, licensed professional counselors and audiologists/speech-language pathologists. More than 40 states and territories have adopted at least one of the compacts and over half have adopted three or more.
“Military spouses work hard to earn professional credentials and establish themselves in licensed occupations while also being willing to sacrifice their professional lives in support of their spouse so they can serve our country,” said Wisconsin state Sen. Joan Ballweg, who serves as the national chair for CSG. “Creating interstate compacts for these occupations will reduce regulatory burdens substantially and restore the career options they deserve. CSG and the Department of Defense chose worthy occupations, and I am encouraged by their progress on this vital project.”
