SECTION 10.
Section 9 of chapter 15A of the General Laws, as so appearing, is hereby further amended by adding the following paragraph:-
Notwithstanding any general or special law to the contrary, the board of higher education shall have the authority to enter into interstate reciprocity agreements that authorize an accredited, degree-granting institution of higher education located in the commonwealth to voluntarily participate in such an agreement and to provide distance education programs to students in other states in accordance with the agreement. The authority granted by this paragraph shall apply only to distance learning programs and shall not affect other approvals of institutions of higher education or programs required by law exemptions for institutions of higher education or programs. This section shall not prohibit an accredited, degree-granting institution of higher education located in the commonwealth that has been authorized to grant degrees by the board of higher education but that does not participate in such an agreement from offering a postsecondary distance education program in another state if the institution is duly authorized to do so by the other state. For purposes of online distance education programs, an accredited, degree-granting institution of higher education chartered, incorporated or organized in another state that is a party to the interstate reciprocity agreement entered into by the board shall be authorized by the board of higher education to conduct courses that lead to the award of a degree in the commonwealth in accordance with section 31A of chapter 69; provided, however, that the institution of higher education is approved to participate in and meets the requirements of the interstate reciprocity agreement. This section shall not affect the authority of the attorney general to enforce statutes or promulgate and enforce regulations that prohibit consumer fraud and unfair or deceptive business practices including, but not limited, those under chapter 93A, and to enforce section 1042 of the federal Consumer Financial Protection Act of 2010. Before the board of higher education enters into an interstate reciprocity agreement, the department of higher education and the attorney general shall execute a memorandum of understanding necessary to coordinate the enforcement of relevant requirements, statutes and regulations, including those related to consumer fraud and unfair or deceptive business practices.