Struck = only in SB 667 ·
added = only in SB 5815.
WESTS-3566.1 VIRGINIASENATE LEGISLATUREBILL REGULAR5815 SESSIONState Introducedof SenateWashington Bill68th 667Legislature 2024 Regular Session By Senators Takubo,Muzzall, Trump,Conway, Woelfel,Dhingra, andHoly, PlymalePadden, [IntroducedRivers, Februaryand 6,Wagoner 2024;Prefiled 12/07/23.
referredRead tofirst thetime Committee01/08/24. on Health and Human Resources] Intr SB 2024R2877 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-3G-1, §30-3G-2, §30-3G-3, §30-3G-4, §30-3G-5, §30-3G-6, §30-3G-7, §30-3G-8, §30-3G-9, §30-3G-10, §30-3G-11, §30-3G-12, and §30-3G-13, all relating to creating the Physicians Licensure Compact;
providingReferred forto aCommittee purpose;on Health & Long Term Care.
creatingAN definitions;ACT Relating to the physician assistant compact;
providingand foradding statea participationnew inchapter theto compact;Title 18 RCW.
creatingBE theIT compactENACTED privilege;BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
providingNEW forSECTION. the designation of the state from which licensee is applying for a compact privilege;
definingSec. adverse actions;
providing1. for the establishment of the Physician Assistant Licensure Compact Commission;
definingPURPOSE. the data system;
providingIn fororder rulemaking;to strengthen access to medical services, and in recognition of the advances in the delivery of medical services, the participating states of the physician assistant licensure compact have allied in common purpose to develop a comprehensive process that complements the existing authority of state licensing boards to license and discipline physician assistants and seeks to enhance the portability of a license to practice as a physician assistant while safeguarding the safety of patients.
providingThis forcompact oversight,allows disputemedical resolution,services andto enforcement;be provided by physician assistants, via the mutual recognition of the licensee's qualifying license by other compact participating states.
providingThis compact also adopts the prevailing standard for physician assistant licensure and affirms that the datepractice and delivery of implementationmedical services by the physician assistant occurs where the patient is located at the time of the Physicianpatient Assistantencounter, Licensureand Compacttherefore Commission;requires the physician assistant to be under the jurisdiction of the state licensing board where the patient is located.
providingState forlicensing constructionboards andthat severability;participate in this compact retain the jurisdiction to impose adverse action p.
and1 creatingSB the5815 bindingagainst effecta ofcompact privilege in that state issued to a physician assistant through the procedures of this compact.
BeThe itphysician enactedassistant licensure compact will alleviate burdens for military families by theallowing Legislatureactive ofduty Westmilitary Virginia:personnel and their spouses to obtain a compact privilege based on having an unrestricted license in good standing from a participating state.
ARTICLENEW 3G.SECTION.
PHYSICIANSSec. LICENSURE COMPACT.
§30-3G-1.2.
Purpose.DEFINITIONS.
In orderthis tocompact: strengthen access to Medical Services, and in recognition of the advances in the delivery of Medical Services, the Participating States of the PA Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing authority of State Licensing Boards to license and discipline PAs and seeks to enhance the portability of a License to practice as a PA while safeguarding the safety of patients.
This(1) Compact"Adverse allowsaction" Medicalmeans Servicesany toadministrative, becivil, providedequitable, byor PAs,criminal viaaction thepermitted mutualby recognitiona ofstate's thelaws Licensee’swhich Qualifyingis Licenseimposed by a licensing board or other Compactauthority Participatingagainst States.a physician assistant license or license application or compact privilege such as license denial, censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice.
This(2) Compact"Compact alsoprivilege" adoptsmeans the prevailingauthorization standardgranted forby PAa licensureremote andstate affirmsto thatallow thea practicelicensee andfrom deliveryanother ofparticipating Medicalstate Servicesto bypractice theas PAa occursphysician whereassistant theto patientprovide ismedical locatedservices atand theother timelicensed ofactivity theto a patient encounter,located andin therefore requires the PAremote tostate be under the jurisdictionremote ofstate's thelaws Stateand Licensingregulations. Board where the patient is located.
State(3) Licensing"Conviction" Boardsmeans thata participatefinding inby thisa Compactcourt retainthat thean jurisdictionindividual tois imposeguilty Adverseof Actiona againstfelony aor Compactmisdemeanor Privilegeoffense inthrough thatadjudication Stateor issuedentry toof a PAplea throughof guilt or no contest to the procedurescharge ofby thisthe Compact.offender.
The(4) PA"Criminal Intrbackground SBcheck" 2024R2877means Licensurethe Compactsubmission willof alleviatefingerprints burdensor forother militarybiometric-based familiesinformation byfor allowinga activelicense dutyapplicant militaryfor personnelthe andpurpose theirof spousesobtaining tothat obtainapplicant's acriminal Compacthistory Privilegerecord basedinformation, onas havingdefined an unrestricted License in good28 standingC.F.R. from a Participating State.
§30-3G-2.Sec.
Definitions.20.3(d), from the state's criminal history record repository as defined in 28 C.F.R.
InSec. this Compact:
(a)20.3(f). "Adverse Action" means any administrative, civil, equitable, or criminal action permitted by a State’s laws which is imposed by a Licensing Board or other authority against a PA License or License application or Compact Privilege such as License denial, censure, revocation, suspension, probation, monitoring of the Licensee, or restriction on the Licensee’s practice.
(b)(5) "Compact"Data Privilege"system" means the authorizationrepository grantedof byinformation aabout Remotelicensees, Stateincluding tobut allownot alimited Licensee from another Participating State to practicelicense asstatus aand PAadverse toactions, providewhich Medicalis Servicescreated and otheradministered licensed activity to a patient located in the Remote State under the Remoteterms State’sof lawsthis andcompact. regulations.
(c)(6) "Conviction""Executive committee" means a findinggroup by a court that an individual is guilty of adirectors felonyand orex misdemeanorofficio offenseindividuals throughelected adjudication or entryappointed ofpursuant a plea of guilt or no contest to thesection charge7(6)(b) byof thethis offender.act.
(d)(7) "Criminal"Impaired Backgroundpractitioner" Check" means thea submissionphysician ofassistant fingerprintswhose orpractice otheris biometric-adversely basedaffected informationby forhealth-related acondition(s) License applicant for the purpose of obtaining that applicant’simpact criminaltheir historyability recordto information,practice. as defined in 28 C.F.R.
§p. 20.3(d), from the State’s criminal history record repository as defined in 28 C.F.R.
§2 20.3(f).SB 5815 (8) "Investigative information" means information, records, or documents received or generated by a licensing board pursuant to an investigation.
(e)(9) "Data"Jurisprudence System"requirement" means the repositoryassessment of informationan aboutindividual's Licensees,knowledge includingof butthe notlaws limited to License status and Adverserules Actions,governing whichthe ispractice createdof anda administeredphysician underassistant thein termsa ofstate. this Compact.
(f)(10) "Executive"License" Committee" means current authorization by a groupstate, ofother directorsthan andauthorization ex-officiopursuant individualsto electeda orcompact appointedprivilege, pursuantfor a physician assistant to Sectionprovide 7.F.2.medical services, which would be unlawful without current authorization.
(g)(11) "Impaired"Licensee" Practitioner" means aan PAindividual whosewho practiceholds isa adverselylicense affectedfrom bya health-state Intrto SBprovide 2024R2877medical relatedservices condition(s)as thata impactphysician theirassistant. ability to practice.
(h)(12) "Investigative"Licensing Information"board" means information,any records,state orentity documentsauthorized receivedto orlicense generatedand byotherwise aregulate Licensingphysician Boardassistants. pursuant to an investigation.
(i)(13) "Jurisprudence"Medical Requirement"services" means health care services provided for the assessmentdiagnosis, ofprevention, antreatment, individual’scure knowledgeor relief of thea lawshealth andcondition, Rulesinjury, governingor thedisease, practiceas ofdefined by a PAstate's inlaws aand State.regulations.
(j)(14) "License""Model compact" means currentthe authorizationmodel byfor athe State,physician otherassistant thanlicensure authorizationcompact pursuanton tofile awith Compactthe Privilege,council forof astate PAgovernments toor provideother Medicalentity Services,as whichdesignated wouldby bethe unlawfulcommission. without current authorization.
(k)(15) "Licensee""Participating state" means an individual who holds a Licensestate fromthat ahas Stateenacted tothis providecompact. Medical Services as a PA.
(l)(16) "Licensing"Physician Board"assistant" means anyan Stateindividual entitywho authorizedis tolicensed licenseas anda otherwisephysician regulateassistant PAs.in a state.
(m)For "Medicalpurposes Services"of meansthis healthcompact, careany servicesother providedtitle foror thestatus diagnosis,adopted prevention,by treatment,a curestate orto reliefreplace ofthe aterm health"physician condition,assistant" injury,shall orbe disease,deemed assynonymous definedwith by"physician aassistant" State’sand lawsshall confer the same rights and regulations.responsibilities to the licensee under the provisions of this compact at the time of its enactment.
(n)(17) "Model"Physician Compact"assistant meanslicensure thecompact modelcommission," for"compact thecommission," PAor Licensure"commission" Compactmean onthe filenational withadministrative Thebody Councilcreated ofpursuant Stateto Governmentssection or7(1) otherof entitythis asact. designated by the Commission.
(o)(18) "Participating"Qualifying State"license" means an unrestricted license issued by a Stateparticipating thatstate hasto enactedprovide thismedical Compact.services as a physician assistant.
(p)(19) "PA""Remote state" means ana individualparticipating state where a licensee who is not licensed as a physician assistant inis aexercising State.or seeking to exercise the compact privilege.
Forp. purposes of this Compact, any other title or status adopted by a State to replace the term "physician assistant" shall be deemed synonymous with "physician assistant" and shall confer the same rights and responsibilities to the Licensee under the provisions of this Compact at the time of its enactment.
(q)3 "PASB Licensure5815 Compact(20) Commission,""Rule" "Compactmeans Commission,"a orregulation "Commission"promulgated meanby thean nationalentity administrativethat bodyhas createdthe pursuantforce toand Sectioneffect 7.A of thislaw. Compact.
(r)(21) "Qualifying"Significant License"investigative information" means investigative information that a licensing board, after an unrestrictedinquiry Licenseor issuedinvestigation that includes notification and an opportunity for the physician assistant to respond if required by astate Participatinglaw, Statehas reason to Intrbelieve SBis 2024R2877not providegroundless Medicaland, Servicesif asproven true, would indicate more than a PA.minor infraction.
(s)(22) "Remote"State" State" means aany Participatingstate, Statecommonwealth, wheredistrict, a Licensee who is not licensed as a PA is exercising or seekingterritory toof exercise the CompactUnited Privilege.States.
(t)NEW "Rule"SECTION. means a regulation promulgated by an entity that has the force and effect of law.
(u)Sec. "Significant Investigative Information" means Investigative Information that a Licensing Board, after an inquiry or investigation that includes notification and an opportunity for the PA to respond if required by State law, has reason to believe is not groundless and, if proven true, would indicate more than a minor infraction.
(v)3. "State" means any state, commonwealth, district, or territory of the United States.
§30-3G-3.STATE PARTICIPATION IN THIS COMPACT.
State(1) participationTo participate in this compact.compact, a participating state shall:
(a) ToLicense participatephysician inassistants; this Compact, a Participating State shall:
(1)(b) LicenseParticipate PAs.in the compact commission's data system;
(2)(c) ParticipateHave a mechanism in theplace Compactfor Commission’sreceiving Dataand System.investigating complaints against licensees and license applicants;
(3)(d) HaveNotify athe mechanismcommission, in placecompliance forwith receivingthe terms of this compact and investigatingcommission complaintsrules, of any adverse action against Licenseesa licensee or license applicant and Licensethe applicants.existence of significant investigative information regarding a licensee or license applicant;
(4)(e) NotifyFully theimplement Commission,a incriminal compliancebackground withcheck therequirement, termswithin ofa thistime Compactframe andestablished Commissionby Rules,commission ofrule, anyby Adverseits Actionlicensing againstboard areceiving Licenseethe orresults Licenseof applicanta criminal background check and thereporting existenceto ofthe Significantcommission Investigativewhether Informationthe regardinglicense aapplicant Licenseehas orbeen Licensegranted applicant.a license;
(5)(f) FullyComply implementwith a Criminal Background Check requirement, within a time frame established by Commission Rule, by its Licensing Board receiving the resultsrules of a Criminal Background Check and reporting to the Commissioncompact whethercommission; the License applicant has been granted a License.
(6)(g) ComplyUtilize withpassage of a recognized national exam such as the Rulesnational commission on certification of thephysician Compactassistants' Commission.physician assistant national certifying examination as a requirement for physician assistant licensure;
(7)and Utilize(h) passageGrant ofthe acompact recognizedprivilege nationalto exama suchholder asof thea NCCPAqualifying PANCElicense asin a requirementparticipating forstate. PA licensure.
(8)(2) GrantNothing thein Compactthis Privilegecompact toprohibits a holderparticipating ofstate from charging a Qualifyingfee Licensefor ingranting athe Participatingcompact State.privilege.
IntNEW SBSECTION. 2024R2877 (b) Nothing in this Compact prohibits a Participating State from charging a fee for granting the Compact Privilege.
§30-3G-4.Sec.
Compact4. privilege.
(a)COMPACT ToPRIVILEGE. exercise the Compact Privilege, a Licensee must:
(1) HaveTo graduatedexercise from a PA program accredited by the Accreditationcompact Reviewprivilege, Commissiona onlicensee Educationmust: for the Physician Assistant, Inc.
orp. other programs authorized by Commission Rule.
(2)4 HoldSB current5815 NCCPA(a) certification.Have graduated from a physician assistant program accredited by the accreditation review commission on education for the physician assistant, inc.
(3)or Haveother noprograms felonyauthorized orby misdemeanorcommission Conviction.rule;
(4)(b) HaveHold nevercurrent hadnational acommission controlledon substancecertification license,of permit,physician orassistants' registrationcertification; suspended or revoked by a State or by the United States Drug Enforcement Administration.
(5)(c) Have ano uniquefelony identifieror asmisdemeanor determinedconviction; by Commission Rule.
(6)(d) HoldHave never had a Qualifyingcontrolled License.substance license, permit, or registration suspended or revoked by a state or by the United States drug enforcement administration;
(7)(e) Have had no revocation of a Licenseunique oridentifier limitationas ordetermined restrictionby oncommission anyrule; License currently held due to an adverse action.
(8)(f) IfHold a Licenseequalifying haslicense; had a limitation or restriction on a License or Compact Privilege due to an Adverse Action, two years must have elapsed from the date on which the License or Compact Privilege is no longer limited or restricted due to the Adverse Action.
(9)(g) IfHave ahad Compactno Privilegerevocation hasof beena revokedlicense or islimitation limited or restrictedrestriction inon aany Participatinglicense Statecurrently forheld conductdue that would not be a basis for disciplinary action in a Participating State in which the Licensee is practicing or applying to practice under a Compact Privilege, that Participating State shall have the discretion not to consider such action as an Adverseadverse Actionaction; requiring the denial or removal of a Compact Privilege in that State.
(10)(i) NotifyIf a licensee has had a limitation or restriction on a license or compact privilege due to an adverse action, two years must have elapsed from the Compactdate Commissionon thatwhich the Licenseelicense or compact privilege is seekingno thelonger Compactlimited Privilegeor inrestricted adue Remoteto State.the adverse action;
(11)(ii) MeetIf anya Jurisprudencecompact Requirementprivilege ofhas been revoked or is limited or restricted in a Remoteparticipating Statestate for conduct that would not be a basis for disciplinary action in a participating state in which the Licenseelicensee is Intpracticing SBor 2024R2877applying seeking to practice under thea Compactcompact Privilegeprivilege, andthat payparticipating anystate feesshall applicablehave the discretion not to satisfyingconsider such action as an adverse action requiring the Jurisprudencedenial Requirement.or removal of a compact privilege in that state;
(12)(h) ReportNotify to the Commissioncompact anycommission Adversethat Actionthe takenlicensee byis aseeking non-participatingthe Statecompact withinprivilege 30in daysa afterremote thestate; action is taken.
(b)(i) TheMeet Compactany Privilegejurisprudence isrequirement validof untila remote state in which the expirationlicensee oris revocationseeking ofto practice under the Qualifyingcompact Licenseprivilege unlessand terminatedpay pursuantany fees applicable to ansatisfying Adversethe Action.jurisprudence requirement;
Theand Licensee(j) mustReport alsoto complythe withcommission allany ofadverse theaction requirementstaken ofby Subsectiona Anonparticipating abovestate towithin maintain30 thedays Compactafter Privilegethe inaction ais Remotetaken. State.
If(2) theThe Participatingcompact Stateprivilege takesis Adversevalid Actionuntil against a Qualifying License, the Licenseeexpiration shallor loserevocation theof Compact Privilege in any Remote State in which the Licenseequalifying haslicense aunless Compactterminated Privilegepursuant untilto allan ofadverse theaction. following occur:
The licensee must also comply with all of the requirements of subsection (1) Theof Licensethis issection noto longermaintain limitedthe orcompact restricted;privilege in a remote state.
andIf (2)the Twoparticipating yearsstate havetakes elapsedadverse fromaction against a qualifying license, the datelicensee onshall whichlose the Licensecompact isprivilege noin longerany limitedremote orstate restrictedin duewhich tothe licensee has a compact privilege until all of the Adversefollowing Action.occur:
(c)p. Once a restricted or limited License satisfies the requirements of Subsection B.1 and 2, the Licensee must meet the requirements of Subsection A to obtain a Compact Privilege in any Remote State.
(d)5 ForSB each5815 Remote(a) StateThe inlicense whichis ano PAlonger seekslimited authority to prescribe controlled substances, the PA shall satisfy all requirements imposed by such State in granting or renewingrestricted; such authority.
§30-3G-5.and (b) Two years have elapsed from the date on which the license is no longer limited or restricted due to the adverse action.
Designation(3) ofOnce a restricted or limited license satisfies the staterequirements fromof whichsubsection (2)(a) and (b) of this section, the licensee ismust applyingmeet forthe requirements of subsection (1) of this section to obtain a compact privilege.privilege in any remote state.
Upon(4) aFor Licensee’seach applicationremote forstate ain Compactwhich Privilege,a thephysician Licenseeassistant shallseeks identifyauthority to theprescribe Commissioncontrolled thesubstances, Participating State from which the Licenseephysician isassistant applying,shall insatisfy accordanceall withrequirements applicableimposed Rules adopted by thesuch Commission,state andin subjectgranting toor therenewing followingsuch requirements:authority.
(1)NEW WhenSECTION. applying for a Compact Privilege, the Licensee shall provide the Commission with the address of the Licensee’s primary residence and thereafter shall immediately report to the Commission any change in the address of the Licensee’s primary residence.
IntSec. SB 2024R2877 (2) When applying for a Compact Privilege, the Licensee is required to consent to accept service of process by mail at the Licensee’s primary residence on file with the Commission with respect to any action brought against the Licensee by the Commission or a Participating State, including a subpoena, with respect to any action brought or investigation conducted by the Commission or a Participating State.
§30-3G-6.5.
AdverseDESIGNATION actions.OF THE STATE FROM WHICH LICENSEE IS APPLYING FOR A COMPACT PRIVILEGE.
(a)Upon Aa Participatinglicensee's Stateapplication infor which a Licenseecompact isprivilege, licensedthe licensee shall haveidentify exclusiveto powerthe tocommission imposethe Adverseparticipating Actionstate againstfrom which the Qualifyinglicensee Licenseis issuedapplying, in accordance with applicable rules adopted by thatthe Participatingcommission, State.and subject to the following requirements:
(b)(1) InWhen additionapplying tofor thea othercompact powersprivilege, conferredthe bylicensee Stateshall law,provide athe Remotecommission Statewith shallthe haveaddress of the authority,licensee's inprimary accordanceresidence withand existingthereafter Stateshall dueimmediately processreport law, to dothe allcommission any change in the address of the following:licensee's primary residence.
(1)(2) TakeWhen Adverseapplying Actionfor against a PA’scompact Compactprivilege, Privilegethe withinlicensee thatis Staterequired to removeconsent ato Licensee’saccept Compactservice Privilegeof orprocess takeby othermail actionat necessarythe underlicensee's applicableprimary lawresidence on file with the commission with respect to protectany action brought against the healthlicensee andby safetythe ofcommission itsor citizens.a participating state, including a subpoena, with respect to any action brought or investigation conducted by the commission or a participating state.
(2)NEW IssueSECTION. subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.
SubpoenasSec. issued by a Licensing Board in a Participating State for the attendance and testimony of witnesses or the production of evidence from another Participating State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it.
The6. issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the State in which the witnesses or evidence are located.
(3)ADVERSE NotwithstandingACTIONS. paragraph 2, subpoenas may not be issued by a Participating State to gather evidence of conduct in another State that is lawful in that other State for the purpose of taking Adverse Action against a Licensee’s Compact Privilege or application for a Compact Privilege in that Participating State.
(4)(1) NothingA inparticipating thisstate Compactin authorizeswhich a Participatinglicensee Stateis tolicensed imposeshall disciplinehave againstexclusive apower Int SB 2024R2877 PA’s Compact Privilege or to denyimpose anadverse applicationaction foragainst a Compact Privilege in that Participating State for the individual’squalifying otherwiselicense lawfulissued practiceby inthat anotherparticipating State.state.
(c)(2)(a) ForIn purposesaddition ofto takingthe Adverseother Action,powers theconferred Participatingby Statestate whichlaw, issueda theremote Qualifyingstate License shall givehave the sameauthority, priorityin andaccordance effectwith toexisting reportedstate conductdue receivedprocess fromlaw, anyto otherdo Participatingall Stateof as it would if the conductfollowing: had occurred within the Participating State which issued the Qualifying License.
In(i) soTake doing,adverse thataction Participatingagainst Statea shallphysician applyassistant's itscompact ownprivilege Statewithin lawsthat state to determineremove appropriatea action.licensee's compact privilege p.
(d)6 ASB Participating5815 State,or iftake otherwiseother permittedaction bynecessary Stateunder law,applicable maylaw recoverto fromprotect the affectedhealth PA the costs of investigations and dispositionsafety of casesits resultingcitizens; from any Adverse Action taken against that PA.
(e)(ii) AIssue Participatingsubpoenas Statefor mayboth takehearings Adverseand Actioninvestigations basedthat onrequire the factualattendance findingsand testimony of awitnesses Remoteas State,well providedas that the Participatingproduction Stateof followsevidence. its own procedures for taking the Adverse Action.
(f)Subpoenas Jointissued Investigations:by a licensing board in a participating state for the attendance and testimony of witnesses or the production of evidence from another participating state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it.
(1)The Inissuing addition to the authority grantedshall topay aany Participatingwitness Statefees, bytravel itsexpenses, respectivemileage, State PA laws and regulations or other applicablefees Staterequired law,by anythe Participatingservice Statestatutes mayof participatethe withstate otherin Participatingwhich Statesthe inwitnesses jointor investigationsevidence ofare Licensees.located.
(2)(b) ParticipatingNotwithstanding States(a)(ii) shallof sharethis anysubsection, investigative,subpoenas litigation,may ornot compliancebe materialsissued by a participating state to gather evidence of conduct in furtheranceanother state that is lawful in that other state for the purpose of anytaking jointadverse action against a licensee's compact privilege or individualapplication investigationfor initiateda undercompact thisprivilege Compact.in that participating state.
(g)(c) IfNothing anin Adversethis Actioncompact isauthorizes takena againstparticipating astate PA’sto Qualifyingimpose License,discipline theagainst PA’sa Compactphysician Privilegeassistant's incompact allprivilege Remoteor Statesto shalldeny bean deactivatedapplication untilfor twoa yearscompact haveprivilege elapsedin afterthat allparticipating restrictionsstate havefor beenthe removedindividual's fromotherwise thelawful Statepractice License.in another state.
All(3) disciplinaryFor orderspurposes byof taking adverse action, the Participatingparticipating Statestate which issued the Qualifyingqualifying Licenselicense thatshall imposegive Adversethe Actionsame againstpriority aand PA’seffect Licenseto shallreported includeconduct areceived Statementfrom thatany theother PA’sparticipating Compactstate Privilegeas isit deactivatedwould inif allthe Participatingconduct Stateshad duringoccurred within the pendencyparticipating ofstate which issued the order.qualifying license.
(h)In Ifso anydoing, Participatingthat Stateparticipating takesstate Adverse Action, it promptly shall notifyapply theits administratorown Intstate SBlaws 2024R2877to ofdetermine theappropriate Dataaction. System.
§30-3G-7.(4) A participating state, if otherwise permitted by state law, may recover from the affected physician assistant the costs of investigations and disposition of cases resulting from any adverse action taken against that physician assistant.
Establishment(5) A participating state may take adverse action based on the factual findings of a remote state, provided that the PAparticipating licensurestate compactfollows commission.its own procedures for taking the adverse action.
(a)(6) TheJoint Participatinginvestigations. States hereby create and establish a joint government agency and national administrative body known as the PA Licensure Compact Commission.
The(a) CommissionIn isaddition anto instrumentalitythe ofauthority thegranted Compactto Statesa actingparticipating jointlystate andby notits anrespective instrumentalitystate ofphysician anyassistant onelaws State.and regulations or p.
The7 CommissionSB shall5815 comeother intoapplicable existencestate onlaw, orany afterparticipating thestate effectivemay dateparticipate ofwith theother Compactparticipating asstates setin forthjoint ininvestigations Sectionof 11.A.licensees.
(b) Membership,Participating Voting,states andshall Meetings.share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact.
(1)(7) EachIf Participatingan Stateadverse shallaction haveis andtaken beagainst limiteda tophysician oneassistant's delegatequalifying selectedlicense, bythe thatphysician Participatingassistant's State’scompact Licensingprivilege Boardin or,all ifremote thestates Stateshall hasbe moredeactivated thanuntil onetwo Licensingyears Board,have selectedelapsed collectivelyafter byall therestrictions Participatinghave State’sbeen Licensingremoved Boards.from the state license.
(2)All Thedisciplinary delegateorders by the participating state which issued the qualifying license that impose adverse action against a physician assistant's license shall beinclude either:a statement that the physician assistant's compact privilege is deactivated in all participating states during the pendency of the order.
(A)(8) AIf currentany PA,participating physicianstate ortakes publicadverse memberaction, ofit apromptly Licensingshall Boardnotify orthe PAadministrator Council/Committee;of the data system.
orNEW (B)SECTION. An administrator of a Licensing Board.
(3)Sec. Any delegate may be removed or suspended from office as provided by the laws of the State from which the delegate is appointed.
(4)7. The Participating State Licensing Board shall fill any vacancy occurring in the Commission within sixty (60) days.
(5)ESTABLISHMENT EachOF delegateTHE shallPHYSICIAN beASSISTANT entitledLICENSURE toCOMPACT oneCOMMISSION. vote on all matters voted on by the Commission and shall otherwise have an opportunity to participate in the business and affairs of the Commission.
(1) The participating states hereby create and establish a joint government agency and national administrative body known as the physician assistant licensure compact commission.
The commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one state.
The commission shall come into existence on or after the effective date of the compact as set forth in section 11(1) of this act.
(2) Membership, voting, and meetings.
(a) Each participating state shall have and be limited to one delegate selected by that participating state's licensing board or, if the state has more than one licensing board, selected collectively by the participating state's licensing boards.
(b) The delegate shall be either:
(i) A current physician assistant, physician, or public member of a licensing board or physician assistant council/committee;
or (ii) An administrator of a licensing board.
(c) Any delegate may be removed or suspended from office as provided by the laws of the state from which the delegate is appointed.
(d) The participating state licensing board shall fill any vacancy occurring in the commission within 60 days.
p.
8 SB 5815 (e) Each delegate shall be entitled to one vote on all matters voted on by the commission and shall otherwise have an opportunity to participate in the business and affairs of the commission.
The bylaws may provide for delegates’delegates' participation in meetings by telecommunications, video conference, or other means of communication.
(6)(f) The Commissioncommission shall meet at least once during each calendar year.
Additional meetings shall be held as set forth in this Compactcompact and the bylaws.
Int(g) SB 2024R2877 (7) The Commissioncommission shall establish by Rulerule a term of office for delegates.
(c)(3) The Commissioncommission shall have the following powers and duties:
(1)(a) Establish a code of ethics for the Commission;commission;
(2)(b) Establish the fiscal year of the Commission;commission;
(3)(c) Establish fees;
(4)(d) Establish bylaws;
(5)(e) Maintain its financial records in accordance with the bylaws;
(6)(f) Meet and take such actions as are consistent with the provisions of this Compactcompact and the bylaws;
(7)(g) Promulgate Rulesrules to facilitate and coordinate implementation and administration of this Compact.compact.
The Rulesrules shall have the force and effect of law and shall be binding in all Participatingparticipating States;states;
(8)(h) Bring and prosecute legal proceedings or actions in the name of the Commission,commission, provided that the standing of any Statestate Licensinglicensing Boardboard to sue or be sued under applicable law shall not be affected;
(9)(i) Purchase and maintain insurance and bonds;
(10)(j) Borrow, accept, or contract for services of personnel,personnel including, but not limited to, employees of a Participatingparticipating State;state;
(11)(k) Hire employees and engage contractors, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this Compact,compact, and establish the Commission’scommission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
(12)(l) Accept any and all appropriate donations and grants of money, equipment, supplies, materialsmaterials, and services, and receive, utilizeutilize, and dispose of the same;
provided that at all times the Commissioncommission shall avoid any appearance of impropriety or conflict of interest;
(13)p. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, Int SB 2024R2877 improve or use, any property, real, personal or mixed;
provided9 thatSB at5815 all(m) timesLease, thepurchase, Commissionaccept shallappropriate avoidgifts or donations of, or otherwise own, hold, improve, or use, any appearanceproperty, ofreal, impropriety;personal, or mixed;
(14)provided Sell,that convey,at mortgage,all pledge,times lease,the exchange,commission abandon,shall oravoid otherwiseany disposeappearance of anyimpropriety; property real, personal, or mixed;
(15)(n) EstablishSell, aconvey, budgetmortgage, andpledge, makelease, expenditures;exchange, abandon, or otherwise dispose of any property real, personal, or mixed;
(16)(o) BorrowEstablish money;a budget and make expenditures;
(17)(p) AppointBorrow committees,money; including standing committees composed of members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
(18)(q) ProvideAppoint andcommittees, receiveincluding informationstanding from,committees composed of members, state regulators, state legislators or their representatives, and cooperateconsumer with,representatives, lawand enforcementsuch agencies;other interested persons as may be designated in this compact and the bylaws;
(19)(r) ElectProvide aand Chair,receive Viceinformation Chair,from, Secretary and Treasurercooperate andwith, suchlaw otherenforcement officersagencies; of the Commission as provided in the Commission’s bylaws.
(20)(s) ReserveElect fora itself,chair, invice additionchair, tosecretary, thoseand reservedtreasurer exclusivelyand tosuch theother Commissionofficers underof the Compact,commission powersas thatprovided in the Executivecommission's Committeebylaws; may not exercise;
(21)(t) ApproveReserve orfor disapproveitself, a State’s participation in theaddition Compactto basedthose uponreserved itsexclusively determination as to whether the State’scommission Compactunder legislationthe departscompact, inpowers athat materialthe mannerexecutive fromcommittee themay Modelnot Compactexercise; language;
(22)(u) PrepareApprove andor providedisapprove a state's participation in the compact based upon its determination as to whether the Participatingstate's Statescompact anlegislation annualdeparts report;in a material manner from the model compact language;
and(v) PerformPrepare suchand otherprovide functions as may be necessary or appropriate to achieve the purposesparticipating ofstates thisan Compactannual consistentreport; with the State regulation of PA licensure and practice.
(d)and Meetings(w) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the Commission.state regulation of physician assistant licensure and practice.
(1)(4) AllMeetings meetings of the Commissioncommission. that are not closed pursuant to this subsection shall be open to the public.
Notice(a) ofAll public meetings shallof bethe postedcommission onthat theare Commission’snot websiteclosed atpursuant leastto thirtythis (30)subsection daysshall priorbe open to the publicpublic. meeting.
(2)Notice Notwithstanding subsection D.1 of thispublic section,meetings theshall Commissionbe mayposted conveneon athe publiccommission's meetingwebsite by providing at least 2430 hoursdays prior noticeto on the Commission’spublic website,meeting. and any other Int SB 2024R2877 means as provided in the Commission’s Rules, for any of the reasons it may dispense with notice of proposed rulemaking under Section 9.L.
(3)(b) TheNotwithstanding Commission(a) of this subsection, the commission may convene in a closed,public non-public meeting orby non-publicproviding partat least 24 hours prior notice on the commission's website, and any other means as provided in the commission's rules, for any of athe publicreasons meetingit tomay receivedispense legalwith advicenotice orof toproposed discuss:rule making under section 9(12) of this act.
(A)p. Non-compliance of a Participating State with its obligations under this Compact;
(B)10 TheSB employment,5815 compensation,(c) disciplineThe orcommission othermay matters,convene practicesin ora proceduresclosed, relatednonpublic tomeeting specificor employeesnonpublic orpart otherof mattersa relatedpublic meeting to thereceive Commission’slegal internaladvice personnelor practicesto anddiscuss: procedures;
(C)(i) Current,Noncompliance threatened,of ora reasonablyparticipating anticipatedstate litigation;with its obligations under this compact;
(D)(ii) NegotiationThe ofemployment, contractscompensation, fordiscipline theor purchase,other lease,matters, practices, or saleprocedures ofrelated goods,to services,specific employees or realother estate;matters related to the commission's internal personnel practices and procedures;
(E)(iii) AccusingCurrent, anythreatened, person of a crime or formallyreasonably censuringanticipated anylitigation; person;
(F)(iv) DisclosureNegotiation of tradecontracts secretsfor orthe commercialpurchase, lease, or financialsale informationof thatgoods, isservices, privileged or confidential;real estate;
(G)(v) DisclosureAccusing ofany informationperson of a personalcrime natureor whereformally disclosurecensuring wouldany constituteperson; a clearly unwarranted invasion of personal privacy;
(H)(vi) Disclosure of investigativetrade recordssecrets compiledor forcommercial lawor enforcementfinancial purposes;information that is privileged or confidential;
(I)(vii) Disclosure of information related to any investigative reports prepared by or on behalf of ora forpersonal usenature ofwhere thedisclosure Commissionwould orconstitute othera committeeclearly chargedunwarranted withinvasion responsibility of investigationpersonal orprivacy; determination of compliance issues pursuant to this Compact;
(J)(viii) LegalDisclosure advice;of investigative records compiled for law enforcement purposes;
or(ix) (K)Disclosure Mattersof specificallyinformation exemptedrelated fromto disclosureany investigative reports prepared by federalor on behalf of or Participatingfor States’use statutes.of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this compact;
(4)(x) IfLegal aadvice; meeting, or portion of a meeting, is closed pursuant to this provision, the chair of the meeting or the chair’s designee shall certify that the meeting or portion of the meeting may be closed and shall reference each relevant exempting provision.
Intor SB(xi) 2024R2877Matters (5)specifically Theexempted Commissionfrom shalldisclosure keepby minutesfederal thator fullyparticipating andstates' clearlystatutes. describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including a description of the views expressed.
(d) If a meeting, or portion of a meeting, is closed pursuant to this provision, the chair of the meeting or the chair's designee shall certify that the meeting or portion of the meeting may be closed and shall reference each relevant exempting provision.
(e) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including a description of the views expressed.
All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commissioncommission or order of a court of competent jurisdiction.
(e)p. Financing of the Commission.
(1)11 TheSB Commission5815 shall(5) pay,Financing orof provide for the paymentcommission. of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2)(a) The Commissioncommission mayshall acceptpay, anyor andprovide allfor appropriatethe revenuepayment sources,of, donations,the andreasonable grantsexpenses of money,its equipment,establishment, supplies,organization, materials, and services.ongoing activities.
(3)(b) The Commissioncommission may levyaccept onany and collectall anappropriate annualrevenue assessmentsources, fromdonations, each Participating State and maygrants impose Compact Privilege fees on Licensees of Participatingmoney, Statesequipment, tosupplies, whommaterials, a Compact Privilege is granted to cover the cost of the operations and activitiesservices. of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved by the Commission each year for which revenue is not provided by other sources.
(c) The aggregatecommission may levy on and collect an annual assessment amountfrom leviedeach onparticipating Participatingstate Statesand shallmay beimpose allocatedcompact basedprivilege uponfees on licensees of participating states to whom a formulacompact privilege is granted to cover the cost of the operations and activities of the commission and its staff, which must be determinedin a total amount sufficient to cover its annual budget as approved by Commissionthe Rule.commission each year for which revenue is not provided by other sources.
(A)The Aaggregate Compactannual Privilegeassessment expiresamount whenlevied theon Licensee’sparticipating Qualifyingstates Licenseshall inbe theallocated Participatingbased Stateupon froma whichformula theto Licenseebe applieddetermined forby thecommission Compactrule. Privilege expires.
(B)(i) IfA thecompact Licenseeprivilege terminatesexpires thewhen Qualifying License through which the Licenseelicensee's appliedqualifying forlicense the Compact Privilege before its scheduled expiration, and the Licensee has a Qualifying License in another Participating State, the Licenseeparticipating shallstate informfrom thewhich Commission that it is changing to that Participating State the Participatinglicensee Stateapplied through which it applies for a Compact Privilege and pay to the Commissioncompact anyprivilege Compactexpires. Privilege fee required by Commission Rule.
(4)(ii) TheIf Commissionthe licensee terminates the qualifying license through which the licensee applied for the compact privilege before its scheduled expiration, and the licensee has a qualifying license in another participating state, the licensee shall notinform incurthe obligationscommission ofthat anyit kindis priorchanging to securingthat participating state the fundsparticipating Intstate SBthrough 2024R2877which adequateit toapplies meetfor a compact privilege and pay to the same;commission any compact privilege fee required by commission rule.
nor(d) shallThe thecommission Commissionshall pledgenot theincur creditobligations of any ofkind theprior Participatingto States,securing exceptthe byfunds andadequate withto themeet authority of the Participatingsame; State.
(5)nor Theshall Commissionthe shallcommission keeppledge accuratethe accountscredit of allany receiptsof the participating states, except by and disbursements.with the authority of the participating state.
(e) The receiptscommission and disbursements of the Commission shall bekeep subjectaccurate toaccounts theof financialall reviewreceipts and accountingdisbursements. procedures established under its bylaws.
AllThe receipts and disbursements of funds handled by the Commissioncommission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and becomeaccounting partprocedures ofestablished theunder annualits reportbylaws. of the Commission.
(f)All Thereceipts Executiveand Committee.disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.
(1)(6) The Executiveexecutive Committeecommittee. shall have the power to act on behalf of the Commission according to the terms of this Compact and Commission Rules.
(2)p. The Executive Committee shall be composed of nine (9) members:
(A)12 SevenSB voting5815 members(a) whoThe areexecutive electedcommittee byshall have the Commissionpower fromto theact currenton membershipbehalf of the Commission;commission according to the terms of this compact and commission rules.
(B)(b) OneThe ex-officio,executive nonvotingcommittee membershall frombe acomposed recognizedof nationalnine PAmembers: professional association;
and(i) (C)Seven Onevoting ex-officio,members nonvotingwho memberare elected by the commission from athe recognizedcurrent nationalmembership PAof certificationthe organization.commission;
(3)(ii) TheOne ex-officioex membersofficio, willnonvoting bemember selectedfrom bya theirrecognized respectivenational organizations.physician assistant professional association;
(4)and The(iii) CommissionOne mayex removeofficio, anynonvoting member offrom thea Executiverecognized Committeenational asphysician providedassistant incertification itsorganization. bylaws.
(5)(c) The Executiveex Committeeofficio shallmembers meetwill atbe leastselected annually.by their respective organizations.
(6)(d) The Executivecommission Committeemay shallremove haveany member of the followingexecutive dutiescommittee andas responsibilities:provided in its bylaws.
(A)(e) RecommendThe toexecutive thecommittee Commissionshall changesmeet toat theleast Commission’sannually. Rules or bylaws, changes to this Compact legislation, fees to be paid by Compact Participating States such as annual dues, and any Commission Compact fee charged to Licensees for the Compact Privilege;
Int(f) SBThe 2024R2877executive (B)committee Ensureshall Compacthave administrationthe servicesfollowing areduties appropriatelyand provided,responsibilities: contractual or otherwise;
(C)(i) PrepareRecommend to the commission changes to the commission's rules or bylaws, changes to this compact legislation, fees to be paid by compact participating states such as annual dues, and recommendany commission compact fee charged to licensees for the budget;compact privilege;
(D)(ii) MaintainEnsure financialcompact recordsadministration onservices behalfare ofappropriately theprovided, Commission;contractual or otherwise;
(E)(iii) MonitorPrepare Compact compliance of Participating States and providerecommend compliance reports to the Commission;budget;
(F)(iv) EstablishMaintain additionalfinancial committeesrecords ason necessary;behalf of the commission;
(G)(v) ExerciseMonitor thecompact powerscompliance and duties of theparticipating Commissionstates during the interim between Commission meetings, except for issuing proposed rulemaking or adopting Commission Rules or bylaws, or exercising any other powers and dutiesprovide exclusivelycompliance reservedreports to the Commissioncommission; by the Commission’s Rules;
and(vi) (H)Establish Performadditional othercommittees duties as providednecessary; in the Commission’s Rules or bylaws.
(7)(vii) AllExercise meetingthe ofpowers theand Executiveduties Committeeof atthe whichcommission itduring votesthe orinterim plansbetween tocommission votemeetings, onexcept mattersfor inissuing exercisingproposed therule powersmaking andor dutiesadopting ofcommission therules Commissionor shallbylaws, beor openexercising toany theother publicpowers and publicduties noticeexclusively ofreserved suchto meetingsthe shallcommission beby given as public meetings of the Commissioncommission's arerules; given.
(8)and The(viii) ExecutivePerform Committeeother mayduties convene in a closed, non-public meeting for the same reasons that the Commission may convene in a non-public meeting as setprovided forth in Section 7.D 3 and shall announce the closedcommission's meetingrules asor thebylaws. Commission is required to under Section 7.D.4 and keep minutes of the closed meeting as the Commission is required to under Section 7.D.5.
(G)(g) QualifiedAll Immunity,meetings Defense,of the executive committee at which it votes or plans to vote on matters in exercising the powers and Indemnification.duties of the commission shall be open to the public and public notice of such meetings shall be given as public meetings of the commission are given.
(1)p. The members, officers, executive director, employees and representatives of the Commissionshall be immune from suit and liability, both personally and intheir official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commissionemployment,dutiesorresponsibilities;providedthatnothinginthisparagraph shallbe Int SB 2024R2877 construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
13 SB 5815 (h) The procurementexecutive ofcommittee insurancemay ofconvene anyin typea byclosed, nonpublic meeting for the Commissionsame shallreasons notthat the commission may convene in anya waynonpublic compromisemeeting oras limitset forth in subsection (4)(c) of this section and shall announce the immunityclosed grantedmeeting hereunder.as the commission is required to under subsection (4)(d) of this section and keep minutes of the closed meeting as the commission is required to under subsection (4)(e) of this section.
(2)(7) TheQualified Commissionimmunity, shalldefense, defend any member, officer, executive director, employee, and representativeindemnification. of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scopeofCommission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities;
provided(a) thatThe nothingmembers, hereinofficers, executive director, employees, and representatives of the commission shall be construedimmune tofrom prohibitsuit thatand personliability, fromboth retainingpersonally and in their ownofficial counselcapacity, atfor theirany ownclaim expense;andfor provideddamage further,to thator theloss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission didthat notoccurred, resultor from that person’sthe intentionalperson oragainst willfulwhom orthe wantonclaim misconduct.is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities;
(3)provided Thethat Commissionnothing shallin indemnifythis andsubsection hold(7)(a) harmlessshall anybe member,construed officer,to executiveprotect director, employee, and representative of the Commission for the amount of any settlementsuch or judgment obtained against that person arisingfrom outsuit of any actual or allegedliability act,for error,any ordamage, omissionloss, thatinjury, occurred within the scope of Commission employment, duties, or responsibilities,liability orcaused thatby such personhadareasonablebasisforbelievingoccurredwithinthescopeofCommission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
(4)The Venueprocurement isof properinsurance andof judicialany proceedingstype by or against the Commissioncommission shall benot brought solely and exclusively in aany courtway ofcompromise competentor jurisdictionlimit where the principalimmunity officegranted ofhereunder. the Commission is located.
(b) The Commissioncommission mayshall waivedefend venueany member, officer, executive director, employee, and jurisdictionalrepresentative defensesof the commission in any proceedingscivil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as authorizeddetermined by Commissionthe Rules.commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities;
(5)provided Nothingthat nothing herein shall be construed asto aprohibit limitationthat onperson thefrom liabilityretaining oftheir anyown Licenseecounsel forat professionaltheir malpracticeown orexpense; misconduct, which shall be governed solely by any other applicable Int SB 2024R2877 State laws.
(6)and Nothingprovided hereinfurther, shallthat be construed to designate the venueactual or jurisdictionalleged toact, bringerror, actionsor foromission allegeddid actsnot ofresult malpractice,from professionalthat misconduct,person's negligence,intentional or otherwillful suchor civilwanton actionmisconduct. pertaining to the practice of a PA.
All(c) suchThe matterscommission shall beindemnify determinedand exclusivelyhold byharmless Stateany lawmember, otherofficer, thanexecutive thisdirector, Compact.employee, and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, p.
(7)14 NothingSB in5815 thisduties, Compact shall be interpreted to waive or otherwiseresponsibilities, abrogate a Participating State’s state action immunity or statethat actionsuch affirmativeperson defensehad witha respectreasonable tobasis antitrustfor claimsbelieving underoccurred within the Shermanscope Act,of Claytoncommission Act,employment, orduties, any other State or federalresponsibilities; antitrust or anticompetitive law or regulation.
(8)provided Nothingthat inthe thisactual Compactor shallalleged beact, construederror, toor beomission adid waivernot ofresult sovereignfrom immunity by the Participatingintentional Statesor willful or bywanton themisconduct Commission.of that person.
§30-3G-8.(d) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located.
DataThe system.commission may waive venue and jurisdictional defenses in any proceedings as authorized by commission rules.
(a)(e) TheNothing Commissionherein shall providebe forconstrued theas development, maintenance, operation, and utilization of a coordinatedlimitation dataon and reporting system containing licensure, Adverse Action, and the reportingliability of theany existencelicensee offor Significantprofessional Investigativemalpractice Informationor onmisconduct, allwhich licensedshall PAsbe andgoverned applicantssolely deniedby aany Licenseother inapplicable Participatingstate States.laws.
(b)(f) NotwithstandingNothing anyherein othershall Statebe lawconstrued to designate the contrary,venue aor Participatingjurisdiction State shall submit a uniform data set to thebring Dataactions Systemfor onalleged allacts PAsof tomalpractice, whomprofessional thismisconduct, Compactnegligence, isor applicableother (utilizingsuch acivil uniqueaction identifier)pertaining asto required by the Rulespractice of thea Commission,physician including:assistant.
(1)All Identifyingsuch information;matters shall be determined exclusively by state law other than this compact.
(2)(g) LicensureNothing data;in this compact shall be interpreted to waive or otherwise abrogate a participating state's state action immunity or state action affirmative defense with respect to antitrust claims under the sherman act, clayton act, or any other state or federal antitrust or anticompetitive law or regulation.
(3)(h) AdverseNothing Actionsin againstthis compact shall be construed to be a Licensewaiver of sovereign immunity by the participating states or Compactby Privilege;the commission.
(4)NEW AnySECTION. denial of application for licensure, and the reason(s) for such denial (excluding the reporting of any Criminal history record information where prohibited by law);
(5)Sec. The existence of Significant Investigative Information;
and8. (6) Other information that may facilitate the administration of this Compact, as determined Int SB 2024R2877 by the Rules of the Commission.
(c)DATA SignificantSYSTEM. Investigative Information pertaining to a Licensee in any Participating State shall only be available to other Participating States.
(d)(1) The Commissioncommission shall promptlyprovide notifyfor allthe Participatingdevelopment, Statesmaintenance, operation, and utilization of anya Adversecoordinated Actiondata takenand againstreporting asystem Licenseecontaining orlicensure, anadverse individualaction, applyingand forthe areporting Licenseof thatthe hasexistence beenof reportedsignificant toinvestigative it.information on all licensed physician assistants and applicants denied a license in participating states.
This(2) AdverseNotwithstanding Actionany informationother state law to the contrary, a participating state shall besubmit availablea uniform data set to anythe otherdata Participatingsystem State.on all physician assistants to whom this compact is applicable, utilizing a unique identifier, as required by the rules of the commission, including:
(e)(a) ParticipatingIdentifying Statesinformation; contributing information to the Data System may, in accordance with State or federal law, designate information that may not be shared with the public without the express permission of the contributing State.
Notwithstanding(b) anyLicensure suchdata; designation, such information shall be reported to the Commission through the Data System.
(f)(c) AnyAdverse informationactions submittedagainst toa thelicense Data System that is subsequently expunged pursuant to federal law or thecompact lawsprivilege; of the Participating State contributing the information shall be removed from the Data System upon reporting of such by the Participating State to the Commission.
(g)p. The records and information provided to a Participating State pursuant to this Compact or through the Data System, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a Participating State.
§30-3G-9.15 SB 5815 (d) Any denial of application for licensure, and the reason(s) for such denial, excluding the reporting of any criminal history record information where prohibited by law;
Rulemaking.(e) The existence of significant investigative information;
(a)and The(f) CommissionOther shallinformation exercisethat itsmay Rulemakingfacilitate powers pursuant to the criteriaadministration setof forththis incompact, thisas Sectiondetermined andby the Rulesrules adoptedof thereunder.the commission.
Commission(3) RulesSignificant shallinvestigative becomeinformation bindingpertaining asto ofa thelicensee datein specifiedany byparticipating thestate Commissionshall foronly eachbe Rule.available to other participating states.
(b)(4) TheCommissionshallpromulgatereasonableRulesinordertoeffectivelyandefficientlyThe implementcommission andshall administerpromptly thisnotify Compactall andparticipating achievestates itsof purposes.any adverse action taken against a licensee or an individual applying for a license that has been reported to it.
AThis Commissionadverse Ruleaction information shall be invalidavailable andto haveany notother forceparticipating orstate. effect only if a court of competent jurisdiction holds that the Rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the Int SB 2024R2877 scope of the purposes of this Compact, or the powers granted hereunder, or based upon another applicable standard of review.
(c)(5) TheParticipating Rulesstates ofcontributing theinformation Commissionto shall have the forcedata ofsystem lawmay, in eachaccordance Participatingwith State,state providedhoweverthatwheretheRulesor oftheCommissionconflictwiththelawsfederal oftheParticipatinglaw, Statedesignate information that establish the medical services a PA may performnot inbe theshared Participatingwith State, as held by a court of competent jurisdiction, the Rulespublic ofwithout the Commissionexpress shallpermission be ineffective in that State to the extent of the conflict.contributing state.
(d)Notwithstanding Ifany asuch majoritydesignation, of the legislatures of the Participating States rejects a Commission Rule, by enactment of a statute or resolution in the same manner used to adopt this Compact within four (4) years of the date of adoption of the Rule, then such Ruleinformation shall havebe noreported further force and effect in any Participating State or to anythe Statecommission applyingthrough to participate in the Compact.data system.
(e)(6) CommissionAny Rulesinformation submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the participating state contributing the information shall be adoptedremoved atfrom athe regulardata orsystem specialupon meetingreporting of such by the Commission.participating state to the commission.
(f)(7) PriorThe torecords promulgation and adoptioninformation ofprovided to a finalparticipating Rulestate pursuant to this compact or Rulesthrough the data system, when certified by the Commission,commission andor atan leastagent thirtythereof, (30)shall daysconstitute inthe advanceauthenticated business records of the meetingcommission, atand whichshall thebe Ruleentitled willto beany consideredassociated andhearsay votedexception upon,in theany Commissionrelevant shalljudicial, filequasi-judicial, aor Noticeadministrative ofproceedings Proposedin Rulemaking:a participating state.
(1)NEW OnSECTION. the website of the Commission or other publicly accessible platform;
andSec. (2) To persons who have requested notice of the Commission’s notices of proposed rulemaking, and (3) In such other way(s) as the Commission may by Rule specify.
(g)9. The Notice of Proposed Rulemaking shall include:
(1)RULE Thetime,date,andlocationofthepublichearingontheproposedRuleandtheproposedMAKING. time, date and location of the meeting in which the proposed Rule will be considered and voted upon;
(2)(1) The textcommission ofshall theexercise proposedits Rulerule-making andpowers pursuant to the reasoncriteria forset forth in this section and the proposedrules Rule;adopted thereunder.
(3)Commission Arules requestshall forbecome commentsbinding onas theof proposed Rule from any interested person and the date specified by whichthe writtencommission commentsfor musteach berule. received;
and(2) IntThe SBcommission 2024R2877shall (4)promulgate Thereasonable mannerrules in whichorder interested persons may submit notice to theeffectively Commissionand ofefficiently theirimplement intentionand toadminister attendthis thecompact publicand hearingp. or provide any written comments.
(h)16 PriorSB to5815 adoptionachieve ofits apurposes. proposed Rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
(i)A Ifcommission rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the hearingrule is toinvalid bebecause heldthe viacommission electronicexercised means,its therule-making Commissionauthority shallin publisha manner that is beyond the mechanismscope forof accessthe topurposes of this compact, or the electronicpowers hearing.granted hereunder, or based upon another applicable standard of review.
(1)(3) AllpersonswishingtobeheardatthehearingshallasdirectedintheNoticeofProposedThe Rulemaking,rules notof lessthe thancommission fiveshall businesshave daysthe beforeforce of law in each participating state, provided however that where the scheduledrules dateof the commission conflict with the laws of the hearing,participating notifystate that establish the Commissionmedical services a physician assistant may perform in the participating state, as held by a court of theircompetent desirejurisdiction, tothe appearrules andof testifythe atcommission shall be ineffective in that state to the hearing.extent of the conflict.
(2)(4) HearingsIf shalla bemajority conductedof inthe legislatures of the participating states rejects a mannercommission providingrule, eachby personenactment whoof wishesa statute or resolution in the same manner used to commentadopt athis faircompact within four years of the date of adoption of the rule, then such rule shall have no further force and reasonableeffect opportunityin toany commentparticipating orallystate or to any state applying to participate in writing.the compact.
(3)(5) AllCommission hearingsrules shall be recorded.adopted at a regular or special meeting of the commission.
A(6) copyPrior ofto thepromulgation recording and theadoption writtenof comments,a data,final facts,rule opinions,or rules by the commission, and argumentsat receivedleast 30 days in responseadvance toof the proposedmeeting rulemakingat shallwhich the rule will be madeconsidered availableand tovoted upon, the commission shall file a personnotice uponof request.proposed rule making:
(4)(a) NothingOn inthe thiswebsite sectionof shallthe becommission construedor asother requiringpublicly aaccessible separateplatform; hearing on each proposed Rule.
Proposedand Rules(b) mayTo bepersons groupedwho forhave therequested conveniencenotice of the Commissioncommission's atnotices hearingsof requiredproposed byrule thismaking; section.
(j)and Following(c) theIn publicsuch hearingother theway(s) Commissionas shallthe considercommission allmay writtenby andrule oralspecify. comments timely received.
(k)(7) The Commissionnotice shall, by majority vote of all delegates, take final action on the proposed Rulerule andmaking shall determineinclude: the effective date of the Rule, if adopted, based on the Rulemaking record and the full text of the Rule.
(1)(a) IfThe adopted,time, thedate, Ruleand shalllocation beof postedthe public hearing on the Commission’sproposed website.rule and the proposed time, date, and location of the meeting in which the proposed rule will be considered and voted upon;
(2)(b) TheCommissionmayThe adoptchangestext toof theproposedRuleprovidedthechangesthe donotproposed enlargerule and the originalreason purposefor of the proposed Rule.rule;
(3)(c) TheA Commissionrequest shallfor providecomments on its website an explanation of the reasonsproposed forrule Intfrom SBany 2024R2877interested substantiveperson changesand made to the proposeddate Ruleby aswhich wellwritten ascomments reasonsmust forbe substantivereceived; changes not made that were recommended by commenters.
(4)and Thep. Commission shall determine a reasonable effective date for the Rule.
Except17 forSB an5815 emergency(d) asThe providedmanner in subsectionwhich l,interested thepersons effectivemay datesubmit ofnotice to the Rulecommission shallof betheir nointention soonerto thanattend thirty (30) days after the Commissionpublic issuedhearing theor noticeprovide thatany itwritten adoptedcomments. the Rule.
(l)(8) UponPrior determinationto thatadoption anof emergencya exists,proposed rule, the Commissioncommission mayshall considerallow andpersons adoptto ansubmit emergencywritten Ruledata, withfacts, 24opinions, hoursand priorarguments, notice,which withoutshall the opportunity for comment, or hearing, providedthattheusualrulemakingprocedures providedinthis Compactand inthis sectionshall be retroactivelymade appliedavailable to the Rulepublic. as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule.
For(9) If the purposeshearing ofis thisto provision,be anheld emergencyvia Ruleelectronic ismeans, onethe thatcommission mustshall bepublish adoptedthe immediatelymechanism byfor theaccess Commissionto inthe orderelectronic to:hearing.
(1)(a) MeetAll anpersons imminentwishing threatto be heard at the hearing shall as directed in the notice of proposed rule making, not less than five business days before the scheduled date of the hearing, notify the commission of their desire to publicappear health,and safety,testify orat welfare;the hearing.
(2)(b) PreventHearings shall be conducted in a lossmanner ofproviding Commissioneach orperson Participatingwho Statewishes funds;to comment a fair and reasonable opportunity to comment orally or in writing.
(3)(c) MeetadeadlineforthepromulgationofaCommissionRulethatisestablishedbyfederalAll lawhearings orshall Rule;be recorded.
orA (4)copy Protectof publicthe healthrecording and safety.the written comments, data, facts, opinions, and arguments received in response to the proposed rule making shall be made available to a person upon request.
(m)(d) TheCommissionoranauthorizedcommitteeoftheCommissionmaydirectrevisionstoNothing ain previouslythis adoptedsection Commissionshall Rulebe forconstrued purposesas ofrequiring correctinga typographicalseparate errors,hearing errorson ineach format,proposed errorsrule. in consistency, or grammatical errors.
PublicProposed noticerules ofmay any revisions shall be postedgrouped onfor the websiteconvenience of the Commission.commission at hearings required by this section.
The(10) revisionFollowing shallthe bepublic subjecthearing tothe challengecommission byshall anyconsider personall forwritten aand periodoral ofcomments thirtytimely (30)received. days after posting.
(11) The revisioncommission mayshall, beby challengedmajority onlyvote of all delegates, take final action on groundsthe thatproposed rule and shall determine the revisioneffective resultsdate inof athe materialrule, changeif toadopted, abased Rule.on the rule-making record and the full text of the rule.
A(a) challengeIf shalladopted, be made as set forth in the noticerule ofshall revisionsbe andposted deliveredon to the Commissioncommission's priorwebsite. to the end of the notice period.
(b) The commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.
(c) The commission shall provide on its website an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.
p.
18 SB 5815 (d) The commission shall determine a reasonable effective date for the rule.
Except for an emergency as provided in subsection (12) of this section, the effective date of the rule shall be no sooner than 30 days after the commission issued the notice that it adopted the rule.
(12) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 24 hours' prior notice, without the opportunity for comment, or hearing, provided that the usual rule-making procedures provided in this compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.
For the purposes of this provision, an emergency rule is one that must be adopted immediately by the commission in order to:
(a) Meet an imminent threat to public health, safety, or welfare;
(b) Prevent a loss of commission or participating state funds;
(c) Meet a deadline for the promulgation of a commission rule that is established by federal law or rule;
or (d) Protect public health and safety.
(13) The commission or an authorized committee of the commission may direct revisions to a previously adopted commission rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors.
Public notice of any revisions shall be posted on the website of the commission.
The revision shall be subject to challenge by any person for a period of 30 days after posting.
The revision may be challenged only on grounds that the revision results in a material change to a rule.
A challenge shall be made as set forth in the notice of revisions and delivered to the commission prior to the end of the notice period.
If the revision is challenged, the revision may not take effect without the approval of the Commission.commission.
(n)(14) No Participatingparticipating State’sstate's rulemakingrule-making requirements shall apply under this Compact.compact.
IntNEW SBSECTION. 2024R2877 §30-3G-10.
Oversight,Sec. dispute resolution, and enforcement.
(a)10. Oversight.
(1)OVERSIGHT, TheDISPUTE executiveRESOLUTION, andAND judicialENFORCEMENT. branches of State government in each Participating State shall enforce this Compact and take all actions necessary and appropriate to implement the Compact.
(2)(1) VenueOversight. is proper and judicial proceedings by or against the Commissionshall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located.
(a) The Commissionexecutive mayand waivejudicial venuebranches andof jurisdictionalstate defensesgovernment toin theeach extentparticipating itstate adoptsshall orenforce consentsthis tocompact participateand intake alternativeall disputeactions resolutionnecessary proceedings.and appropriate to implement the compact.
Nothingp. herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.
(3)19 TheSB Commission5815 shall(b) beVenue entitledis toproper receiveand servicejudicial ofproceedings processby inor anyagainst proceeding regarding the enforcementcommission orshall interpretationbe ofbrought thesolely Compactand orexclusively thein Commission’sa Rulescourt andof shallcompetent havejurisdiction standingwhere tothe interveneprincipal inoffice suchof athe proceedingcommission foris alllocated. purposes.
FailureThe tocommission providemay thewaive Commissionvenue withand servicejurisdictional ofdefenses processto shallthe renderextent ait judgmentadopts or orderconsents insuchproceedingvoid as to theparticipate Commission,in thisalternative Compact,dispute orresolution Commissionproceedings. Rules.
(b)Nothing Default,herein Technicalshall Assistance,affect andor Termination.limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.
(1)(c) IfThe thecommission Commissionshall determinesbe thatentitled ato Participatingreceive Stateservice hasof defaultedprocess in theany performanceproceeding ofregarding itsthe obligationsenforcement or responsibilitiesinterpretation underof thisthe Compactcompact or the CommissionRules,commission's therules Commissionshalland provideshall writtenhave noticestanding to thedefaultingintervene Statein andsuch othera Participatingproceeding States.for all purposes.
TheFailure noticeshalldescribethedefault,theproposedmeansofcuringthedefaultandanyotheractionthatto provide the Commissioncommission maywith takeservice andof process shall offerrender remediala trainingjudgment andor specificorder technicalin assistancesuch regardingproceeding void as to the default.commission, this compact, or commission rules.
(2) IfDefault, atechnical Stateassistance, in default fails to cure the default, the defaulting State may be terminated from this Compact upon an affirmative vote of amajority of thedelegates of the Participating States, and all rights, privileges and benefits conferred by this Compact upon such State may be terminated on Int SB 2024R2877 the effective date of termination.
A(a) cureIf of the defaultcommission doesdetermines notthat relievea theparticipating offendingstate Statehas defaulted in the performance of its obligations or liabilitiesresponsibilities incurredunder duringthis compact or the periodcommission ofrules, default.the commission shall provide written notice to the defaulting state and other participating states.
(3)The Terminationnotice ofshall participationdescribe inthe thisdefault, Compactthe shallproposed bemeans imposedof onlycuring afterthe alldefault, and any other meansaction ofthat securingthe compliancecommission havemay beentake exhausted.and shall offer remedial training and specific technical assistance regarding the default.
Notice(b) ofIf intenta state in default fails to suspendcure orthe terminatedefault, shallthe defaulting state may be giventerminated byfrom thethis Commissioncompact toupon thean governor,affirmative thevote of a majority andof minoritythe leadersdelegates of the defaultingparticipating State’sstates, legislature,and all rights, privileges, and tobenefits theconferred Licensingby Board(s)this ofcompact eachupon ofsuch state may be terminated on the Participatingeffective States.date of termination.
(4) A Statecure thatof hasthe beendefault terminateddoes isnot responsiblerelieve for all assessments, obligations, and liabilities incurred through the effectiveoffending datestate of termination, including obligations thator extendliabilities beyondincurred during the effectiveperiod date of termination.default.
(5)(c) TheTermination Commissionof shallparticipation notin bearthis anycompact costsshall relatedbe toimposed aonly Stateafter thatall isother foundmeans toof besecuring incompliance defaulthave or that has been terminatedexhausted. from this Compact, unless agreed upon in writing between the Commission and the defaulting State.
(6)Notice Theof defaultingintent Stateto maysuspend appealor itsterminate terminationshall frombe given by the Compactcommission byto the Commissiongovernor, bythe petitioningmajority and minority leaders of the U.S.defaulting state's legislature, and to the licensing board(s) of each of the participating states.
Districtp. Court for the District of Columbia or the federal district where the Commission has its principal offices.
The20 prevailingSB member5815 shall(d) beA awardedstate that has been terminated is responsible for all costsassessments, ofobligations, suchand litigation,liabilities incurred through the effective date of termination, including reasonableobligations attorney’sthat fees.extend beyond the effective date of termination.
(7)(e) UponThe thecommission terminationshall ofnot bear any costs related to a State’sstate participationthat is found to be in thedefault Compact,or thethat Statehas shallbeen immediatelyterminated providefrom noticethis tocompact, allunless Licenseesagreed withinupon thatin Statewriting ofbetween suchthe termination:commission and the defaulting state.
(A)(f) LicenseesThe whodefaulting havestate beenmay grantedappeal aits Compacttermination Privilegefrom inthe thatcompact Stateby shallthe retaincommission by petitioning the CompactUnited PrivilegeStates district court for 180the daysDistrict followingof Columbia or the effectivefederal datedistrict ofwhere suchthe termination.commission has its principal offices.
(B)The Licenseesprevailing whomember are licensed in that State who have been granted a Compact Privilege in a Participating State shall retainbe theawarded Compactall Privilegecosts forof onesuch hundredlitigation, eightyincluding (180)reasonable daysattorneys' unlessfees. the Licensee also has a Qualifying License in a Participating State or obtains a Qualifying License in a Participating State before the 180 day period ends, in which case the Compact Privilege shall continue.
(c)(g) DisputeUpon Resolution.the termination of a state's participation in the compact, the state shall immediately provide notice to all licensees within that state of such termination:
Int(i) SBLicensees 2024R2877who (1)have Uponrequestbeen byaParticipatinggranted State,theCommissionshalla attempttoresolvecompact disputesprivilege relatedin tothat thisstate Compactshall thatretain arisethe amongcompact Participatingprivilege Statesfor and180 betweendays participatingfollowing andthe non-effective Participatingdate States.of such termination.
(2)(ii) TheLicensees Commissionwho shallare promulgatelicensed in that state who have been granted a Rulecompact providingprivilege forin botha mediationparticipating andstate bindingshall disputeretain resolutionthe compact privilege for disputes180 asdays appropriate.unless the licensee also has a qualifying license in a participating state or obtains a qualifying license in a participating state before the 180-day period ends, in which case the compact privilege shall continue.
(d)(3) Enforcement.Dispute resolution.
(1)(a) TheUpon Commission,request inby thea reasonableparticipating exercisestate, ofthe itscommission discretion, shall enforceattempt theto provisionsresolve ofdisputes related to this Compactcompact that arise among participating states and Rulesbetween ofparticipating theand Commission.nonparticipating states.
(2)(b) IfThe compliancecommission isshall notpromulgate secureda afterrule allproviding means to secure compliance have been exhausted, by majority vote, the Commission may initiate legal action in the United States District Court for theboth Districtmediation of Columbia or the federal district where the Commission has its principal offices, against a Participating State in default to enforce compliance with the provisions of this Compact and thebinding Commission’sdispute promulgatedresolution Rulesfor anddisputes bylaws.as appropriate.
(4) Enforcement.
(a) The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and rules of the commission.
(b) If compliance is not secured after all means to secure compliance have been exhausted, by majority vote, the commission may initiate legal action in the United States district court for the p.
21 SB 5815 District of Columbia or the federal district where the commission has its principal offices, against a participating state in default to enforce compliance with the provisions of this compact and the commission's promulgated rules and bylaws.
In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’sattorneys' fees.
(3)(c) The remedies herein shall not be the exclusive remedies of the Commission.commission.
The Commissioncommission may pursue any other remedies available under federal or Statelaw.state law.
(e)(5) Legal Actionaction Againstagainst the Commission.commission.
(1)(a) AParticipating ParticipatingStatemayinitiatelegalstates actionagainsttheCommissionintheU.S.Districtmay Courtinitiate legal action against the commission in the United States district court for the District of Columbia or the federal district where the Commissioncommission has its principal offices to enforce compliance with the provisions of the Compactcompact and its Rules.rules.
In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs ofsuchof such litigation, including reasonable attorney’sattorneys' fees.
(2)(b) No person other than a Participatingparticipating Statestate shall enforce this Compactcompact against the Commission.commission.
§30-3G-11.NEW SECTION.
DateSec. of Implementation of the PA Licensure Compact Commission.
Intr11. SB 2024R2877 (a) This Compact shall come into effect on the date on which this Compact statute is enacted into law in the seventh Participating State.
(1)DATE OnOF orIMPLEMENTATION afterOF theTHE effectivePHYSICIAN dateASSISTANT ofLICENSURE theCompact,COMPACT theCOMMISSION. Commission shall conveneand review the enactment of each of the States that enacted the Compact prior to the Commission convening ("Charter Participating States") to determine if the statute enacted by each such Charter Participating State is materially different than the Model Compact.
(A)(1) AThis Chartercompact Participatingshall Statecome whoseinto enactmenteffect ison foundthe todate beon materiallywhich differentthis fromcompact thestatute Modelis Compactenacted shallinto belaw entitledin to the defaultseventh processparticipating setstate. forth in Section 10.B.
(B)(a) IfOn anyor Participatingafter Statethe latereffective withdrawsdate fromof the Compactcompact, orthe itscommission participationshall isconvene terminated,and review the Commissionenactment shallof remaineach inof existencethe andstates that enacted the Compactcompact shallprior remainto inthe effectcommission evenconvening ("charter participating states") to determine if the numberstatute ofenacted Participatingby Stateseach shouldsuch becharter lessparticipating state is materially different than seven.the model compact.
Participating(i) StatesA enactingcharter theparticipating Compactstate subsequentwhose toenactment theis Commissionfound conveningto shall be subjectmaterially todifferent from the processmodel setcompact forthshall inbe Sectionentitled 7.C.21 to determine if their enactments are materially different from the Modeldefault Compactprocess andset whetherforth theyin qualifysection for10(2) participationof inthis theact. Compact.
(2)(ii) ParticipatingIf Statesany enactingparticipating thestate Compactlater subsequentwithdraws tofrom the sevencompact initialor Charterits Participatingparticipation Statesis shallterminated, be subject to the processcommission setshall forthremain in Sectionexistence 7.C.21and tothe determinecompact ifshall theirremain enactmentsin areeffect materiallyeven differentif from the Modelnumber Compactof andparticipating whetherstates theyshould qualifybe forless participationthan inseven. the Compact.
(3)Participating Allstates actionsenacting taken for the benefitcompact ofsubsequent the Commission or in furtherance of the purposes of the administration of the Compact prior to the effectivecommission dateconvening ofp. the Compact or the Commission coming into existence shall be considered to be actions of the Commission unless specifically repudiated by the Commission.
(b)22 AnySB State5815 that joins this Compact shall be subject to the Commission’sprocess Rulesset andforth bylawsin assection they7(3)(u) existof onthis act to determine if their enactments are materially different from the datemodel oncompact whichand thiswhether Compactthey becomesqualify lawfor participation in thatthe State.compact.
Any(b) RuleParticipating thatstates hasenacting beenthe previouslycompact adoptedsubsequent byto the Commissionseven initial charter participating states shall havebe subject to the fullprocess forceset andforth effectin section 7(3)(u) of lawthis onact to determine if their enactments are materially different from the daymodel thiscompact Compactand becomeswhether lawthey qualify for participation in thatthe State.compact.
Int(c) SBAll 2024R2877actions (c)taken Anyfor Participatingthe Statebenefit mayof withdrawthe fromcommission thisor Compactin byfurtherance enactingof athe statutepurposes repealingof the same.administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.
(1)(2) AAny Participatingstate State’sthat withdrawaljoins this compact shall notbe takesubject effectto untilthe onecommission's hundredrules eightyand (180)bylaws daysas afterthey enactmentexist ofon the repealingdate statute.on which this compact becomes law in that state.
DuringAny thisrule onethat hundredhas eightybeen (180)previously day-period,adopted allby Compactthe Privilegescommission thatshall werehave in effect in the withdrawingfull Stateforce and wereeffect grantedof tolaw Licenseeson licensed in the withdrawingday Statethis shallcompact remainbecomes law in effect.that state.
If(3) anyAny Licenseeparticipating licensedstate inmay thewithdraw withdrawingfrom Statethis iscompact alsoby licensedenacting in another Participating State or obtains a licensestatute inrepealing another Participating State within the 180same. days, the Licensee’s Compact Privileges in other Participating States shall not be affected by the passage of the 180 days.
(2)(a) WithdrawalshallnotA affectthecontinuingrequirementoftheStateparticipating Licensingstate's Board(s)withdrawal ofshall thenot withdrawingtake Stateeffect tountil comply180 withdays theafter investigative,enactment and Adverse Action reporting requirements of this Compact prior to the effectiverepealing datestatute. of withdrawal.
(3)During Uponthis the180-day enactmentperiod, ofall acompact statuteprivileges withdrawingthat awere Statein fromeffect thisin Compact, the Statewithdrawing shallstate immediatelyand providewere noticegranted ofto suchlicensees withdrawallicensed toin allthe Licenseeswithdrawing withinstate thatshall State.remain in effect.
SuchIf withdrawingany Statelicensee shalllicensed continuein tothe recognizewithdrawing allstate licensesis grantedalso pursuantlicensed toin thisanother Compactparticipating forstate or obtains a minimumlicense ofin 180another daysparticipating afterstate within the date180 ofdays, suchthe noticelicensee's compact privileges in other participating states shall not be affected by the passage of withdrawal.the 180 days.
(d)(b) NothingWithdrawal containedshall innot thisaffect Compactthe shallcontinuing berequirement construedof tothe invalidatestate orlicensing preventboard(s) anyof PAthe licensurewithdrawing agreementstate orto othercomply cooperativewith arrangementthe betweeninvestigative Participating States and betweenadverse aaction Participatingreporting Staterequirements andof non-Participatingthis Statecompact thatprior doesto not conflict with the provisionseffective date of thiswithdrawal. Compact.
(e)(c) ThisUpon Compactthe mayenactment beof amendeda bystatute withdrawing a state from this compact, the Participatingstate States.shall immediately provide notice of such withdrawal to all licensees within that state.
NoSuch amendmentwithdrawing tostate this Compact shall becomecontinue effectiveto andrecognize bindingall uponlicenses anygranted Participatingpursuant Stateto untilthis itcompact isfor enacteda materiallyminimum inof the180 samedays mannerafter into the lawsdate of allsuch Participatingnotice Statesof aswithdrawal. determined by the Commission.
§30-3G-12.p.
Construction23 SB 5815 (4) Nothing contained in this compact shall be construed to invalidate or prevent any physician assistant licensure agreement or other cooperative arrangement between participating states and severability.between a participating state and nonparticipating state that does not conflict with the provisions of this compact.
(a)(5) This Compactcompact andmay the Commission’s rulemaking authority shall be liberallyamended construedby Int SB 2024R2877 so as to effectuate the purposes,participating andstates. the implementation and administration of the Compact.
ProvisionsNo ofamendment theto Compactthis expresslycompact authorizingshall orbecome requiringeffective theand promulgationbinding ofupon Rulesany shallparticipating notstate beuntil construedit tois limitenacted materially in the Commission’ssame rulemakingmanner authorityinto solelythe forlaws thoseof purposes.all participating states as determined by the commission.
(b)NEW TheSECTION. provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any Participating State, a State seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.
(c)Sec. Notwithstanding subsection B or this section, the Commission may deny a State’s participation in the Compact or, in accordance with the requirements of Section 10.B, terminate a Participating State’s participation in the Compact, if it determines that a constitutional requirement of a Participating State is, or would be with respect to a State seeking to participate in the Compact, a material departure from the Compact.
Otherwise,12. if this Compact shall be held to be contrary to the constitution of any Participating State, the Compact shall remain in full force and effect as to the remaining Participating States and in full force and effect as to the Participating State affected as to all severable matters.
§30-3G-13.CONSTRUCTION AND SEVERABILITY.
Binding(1) effectThis compact and the commission's rule-making authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact.
(a)Provisions Nothingof hereinthe preventscompact expressly authorizing or requiring the enforcementpromulgation of anyrules othershall lawnot ofbe aconstrued Participatingto Statelimit thatthe iscommission's notrule-making inconsistentauthority withsolely thisfor Compact.those purposes.
(b)(2) AnyThe lawsprovisions inof this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is held by a Participatingcourt Stateof competent jurisdiction to be contrary to the constitution of any participating state, a state seeking participation in conflictthe withcompact, thisor Compactof arethe supersededUnited States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the extentvalidity of the conflict.remainder of this compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby.
(c)(3) AllNotwithstanding agreementssubsection between(2) theof Commissionthis andsection, the Participatingcommission Statesmay aredeny bindinga state's participation in the compact or, in accordance with theirthe terms.requirements of section 10(2) of this act, terminate a participating state's participation in the compact, if it determines that a constitutional requirement of a participating state is, or would be with respect to a state seeking to participate in the compact, a material departure from the compact.
NOTE:Otherwise, if this compact shall be held to be contrary to the constitution of any participating state, the compact shall remain in full force and effect as to the remaining participating states and in full force and effect as to the participating state affected as to all severable matters.
Thep. purpose of this bill relates to the creation of the Physicians Licensure Compact.
Intr24 SB 2024R28775815 TheNEW billSECTION. provides for a purpose.
TheSec. bill creates definitions.
The13. bill provides for state participation in the compact.
TheBINDING billEFFECT createsOF theCOMPACT. compact privilege.
The(1) billNothing providesherein forprevents the designationenforcement of theany stateother fromlaw whichof licenseea participating state that is applyingnot forinconsistent awith compactthis privilege.compact.
The(2) billAny defineslaws adversein actions.a participating state in conflict with this compact are superseded to the extent of the conflict.
The(3) billAll providesagreements forbetween the establishmentcommission ofand the PAparticipating Licensurestates Compactare Commission.binding in accordance with their terms.
TheNEW billSECTION. defines the data system.
TheSec. bill provides for rulemaking.
The14. bill provides for oversight, dispute resolution, and enforcement.
TheSections bill1 providesthrough for13 theof datethis ofact implementationconstitute ofa thenew PAchapter Licensurein CompactTitle Commission.18 RCW.
The--- billEND provides--- forp. construction and severability.
Finally,25 theSB bill5815 creates the binding effect of the compact.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
29