24 Del. C. § 1711C: Effective date, withdrawal, and amendment.

(a) This Compact takes effect on the date on which this Compact statute is enacted into law in the seventh member state ( “effective date” ).

(1) On or after the effective date of this Compact, the Commission shall convene and review the enactment of each of the first 7 member states ( “charter member states” ) to determine if the statute enacted by each charter member state is materially different than the Model Compact.

a. A charter member state whose enactment is found to be materially different from the Model Compact is entitled to the default process set forth in § 1710C of this title.

b. If any member state is later found to be in default, or is terminated or withdraws from this Compact, the Commission will remain in existence and this Compact will remain in effect even if the number of member states is less than 7.

(2) Member states enacting this Compact subsequent to the 7 initial charter member states are subject to the process set forth herein and commission rule to determine if their enactments are materially different from the Model Compact and whether they qualify for participation in this Compact.

(3) All actions taken for the benefit of the Commission or in furtherance of the purposes of the administration of this Compact before the effective date of this Compact or the Commission coming into existence are considered to be actions of the Commission unless specifically repudiated by the Commission. The Commission owns and has all rights to any intellectual property developed on behalf or in furtherance of the Commission by individuals or entities involved in organizing or establishing the Commission, as may be further set forth in rules of the Commission.

(4) Any state that joins this Compact subsequent to the Commission’s initial adoption of the rules and bylaws is subject to the rules and bylaws as they exist on the date on which this Compact becomes law in that state. Any rule that has been previously adopted by the Commission has the full force and effect of law on the date this Compact becomes law in that state.

(b) Any member state may withdraw from this Compact by enacting a statute repealing the same.

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

(2) Withdrawal does not affect the continuing requirement of the withdrawing state’s respiratory therapy licensing authority to comply with the investigative and adverse action reporting requirements of this Compact before the effective date of withdrawal.

(3) On the enactment of a statute withdrawing from this Compact, a state shall immediately provide notice of the withdrawal to all licensees and compact privilege holders of which the Commission has a record within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all licenses granted under this Compact for a minimum of 180 days after the date of the notice of withdrawal.

(c) Nothing contained in this Compact may be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact.

(d) This Compact may be amended by the member states. An amendment to this Compact does not become effective and binding on any member state until it is enacted into the laws of all member states.