(m)I. "Medical Services" means health care services provided for the diagnosis, prevention, treatment, cure or relief of a health condition, injury, or disease, as defined by a State’s laws and regulations.

(n)"Jurisprudence "ModelRequirement" Compact" means the modelassessment forof thean PAindividual’s Licensureknowledge Compactof onthe filelaws withand TheRules Councilgoverning ofthe Statepractice Governmentsof ora otherPA entityin asa designatedState. by the Commission.

(o)J. "Participating State" means a State that has enacted this Compact.

(p)"License" "PA" means ancurrent individualauthorization whoby isa licensedState, asother than authorization pursuant to a physicianCompact assistantPrivilege, infor a State.PA to provide Medical Services, which would be unlawful without current authorization.

K.

"Licensee" means an individual who holds a License from a State to provide Medical Services as a PA.

L.

"Licensing Board" means any State entity authorized to license and otherwise regulate PAs.

M.

"Medical Services" means health care services provided for the diagnosis, prevention, treatment, cure, or relief of a health condition, injury, or disease, as defined by a State’s laws and regulations.

HB1146 ENROLLED 26.417.13 3 1146 N.

"Model Compact" means the model for the PA Licensure Compact on file with The Council of State Governments or other entity as designated by the Commission.

O.

"Participating State" means a State that has enacted this Compact.

P.

"PA" means an individual who is licensed as a physician assistant in a State.

(q)Q. "PA Licensure Compact Commission," "Compact Commission," or "Commission" mean the national administrative body created pursuant to Section 7.A of this Compact.

(r)"PA "QualifyingLicensure License"Compact meansCommission" an"Compact unrestrictedCommission," Licenseor issued"Commission" bymean athe Participatingnational Stateadministrative tobody Intrcreated SBpursuant 2024R2877to provideSection Medical7.A Servicesof asthis aCompact. PA.

(s)R. "Remote State" means a Participating State where a Licensee who is not licensed as a PA is exercising or seeking to exercise the Compact Privilege.

(t)"Qualifying "Rule"License" means aan regulationunrestricted promulgatedLicense issued by ana entityParticipating thatState hasto theprovide forceMedical andServices effectas ofa law.PA.

(u)S. "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)"Remote "State"State" means anya state,Participating commonwealth,State district,where a Licensee who is not licensed as a PA is exercising or territoryseeking ofto exercise the UnitedCompact States.Privilege.

§30-3G-3.T.

State"Rule" participationmeans ina thisregulation compact.promulgated by an entity that has the force and effect of law.

(a)U. To participate in this Compact, a Participating State shall:

(1)"Significant LicenseInvestigative PAs.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.

(2)V. Participate in the Compact Commission’s Data System.

(3)"State" Havemeans aany mechanismstate, incommonwealth, placedistrict, foror receivingterritory andof investigatingthe complaintsUnited againstStates. Licensees and License applicants.

(4)Section Notify3. the Commission, in compliance with the terms of this Compact and Commission Rules, of any Adverse Action against a Licensee or License applicant and the existence of Significant Investigative Information regarding a Licensee or License applicant.

(5)State FullyParticipation implementin athis CriminalCompact BackgroundA. Check requirement, within a time frame established by Commission Rule, by its Licensing Board receiving the results of a Criminal Background Check and reporting to the Commission whether the License applicant has been granted a License.

(6)To Complyparticipate within thethis RulesCompact, ofa theParticipating CompactState Commission.shall:

(7)1. Utilize passage of a recognized national exam such as the NCCPA PANCE as a requirement for PA licensure.

(8) Grant the Compact Privilege to a holder of a Qualifying License inPAs. a Participating State.

Int2. SB 2024R2877 (b) Nothing in this Compact prohibits a Participating State from charging a fee for granting the Compact Privilege.

§30-3G-4.Participate in the Compact Commission’s Data System.

Compact3. privilege.

(a)Have Toa exercisemechanism thein Compactplace Privilege,for areceiving Licenseeand must:investigating complaints against Licensees and License applicants.

(1)4. Have graduated from a PA program accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc.

Notify the Commission, in compliance with the terms of this Compact and Commission Rules, of any Adverse Action against a Licensee or License applicant and the existence of Significant Investigative Information regarding a Licensee or License applicant.

5.

Fully implement a Criminal Background Check requirement, within a time frame established by Commission Rule, by its Licensing Board receiving the HB1146 ENROLLED 26.417.13 4 1146 results of a Criminal Background Check and reporting to the Commission whether the License applicant has been granted a License.

6.

Comply with the Rules of the Compact Commission.

7.

Utilize passage of a recognized national exam such as the NCCPA PANCE as a requirement for PA licensure.

8.

Grant the Compact Privilege to a holder of a Qualifying License in a Participating State.

B.

Nothing in this Compact prohibits a Participating State from charging a fee for granting the Compact Privilege.

Section 4.

Compact Privilege A.

To exercise the Compact Privilege, a Licensee must:

1.

Have graduated from a PA program accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc.

(2)2. Hold current NCCPA certification.

(3)Hold Havecurrent noNCCPA felonycertification. or misdemeanor Conviction.

(4)3. Have never had a controlled substance license, permit, or registration suspended or revoked by a State or by the United States Drug Enforcement Administration.

(5) Have ano uniquefelony identifieror asmisdemeanor determinedconviction. by Commission Rule.

(6)4. Hold a Qualifying License.

(7) Have never had noa revocationcontrolled ofsubstance alicense, Licensepermit, or limitationregistration suspended or restrictionrevoked onby anya LicenseState currentlyor heldby duethe toUnited anStates adverseDrug action.Enforcement Administration.

(8)5. If 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 date on which the License or Compact Privilege is no longer limited or restricted due to the Adverse Action.

(9)Have If a Compactunique Privilegeidentifier has been revoked or is limited or restricted in a Participating State for conduct 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 andetermined Adverseby ActionCommission requiringRule. the denial or removal of a Compact Privilege in that State.

(10)6. Notify the Compact Commission that the Licensee is seeking the Compact Privilege in a Remote State.

(11)Hold Meet any Jurisprudence Requirement of a RemoteQualifying StateLicense. in which the Licensee is Int SB 2024R2877 seeking to practice under the Compact Privilege and pay any fees applicable to satisfying the Jurisprudence Requirement.

(12)7. Report to the Commission any Adverse Action taken by a non-participating State within 30 days after the action is taken.

(b)Have Thehad Compactno Privilegerevocation isof valida untilLicense theor expirationlimitation or revocationrestriction ofon theany Qualifying License unlesscurrently terminatedheld pursuantdue to an Adverse Action.

The8. Licensee must also comply with all of the requirements of Subsection A above to maintain the Compact Privilege in a Remote State.

Notify the Compact Commission that the Licensee is seeking the Compact Privilege in a Remote State.

9.

Meet any Jurisprudence Requirement of a Remote State in which the Licensee is seeking to practice under the Compact Privilege and pay any fees applicable to satisfying the Jurisprudence Requirement.

10.

Report to the Commission any Adverse Action taken by a non-participating State within thirty days after the action is taken.

B.

If 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 date on which the License or Compact Privilege is no longer limited or restricted due to the Adverse Action.

HB1146 ENROLLED 26.417.13 5 1146 C.

If a Compact Privilege has been revoked or is limited or restricted in a Participating State for conduct 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 Adverse Action requiring the denial or removal of a Compact Privilege in that State.

D.

The Compact Privilege is valid until the expiration or revocation of the Qualifying License unless terminated pursuant to an Adverse Action.

The Licensee must also comply with all of the requirements of subsection A above to maintain the Compact Privilege in a Remote State.

(1)1. The License is no longer limited or restricted;

andThe (2) Two years have elapsed from the date on which the License is no longer limited or restrictedrestricted; due to the Adverse Action.

(c) Once a restricted or limited License satisfies the requirements of Subsection B.1 and 2,2. the Licensee must meet the requirements of Subsection A to obtain a Compact Privilege in any Remote State.

(d)Two Foryears eachhave Remoteelapsed Statefrom inthe whichdate aon PAwhich seeks authority to prescribe controlled substances, the PALicense shallis satisfyno alllonger requirementslimited imposedor byrestricted suchdue Stateto inthe grantingAdverse orAction. renewing such authority.

§30-3G-5.E.

DesignationOnce a restricted or limited License satisfies the requirements of subsection D.1 and 2, the stateLicensee frommust whichmeet licenseethe isrequirements applyingof forsubsections A, B, and C to obtain a compactCompact privilege.Privilege in any Remote State.

F.

For each Remote State in which a PA seeks authority to prescribe controlled substances, the PA shall satisfy all requirements imposed by such State in granting or renewing such authority.

Section 5.

Designation of the State from Which Licensee is Applying for a Compact Privilege A.

(1)1. When 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.

Int SB 2024R2877 (2) When applying for a Compact Privilege, the Licensee isshall requiredprovide tothe consentCommission towith acceptthe serviceaddress of process by mail at the Licensee’s primary residence onand filethereafter withshall theimmediately Commissionreport with respect to any action brought against the Licensee by the Commission or a Participating State, including a subpoena, with respect to any actionchange broughtin orthe investigationaddress conductedof by the CommissionLicensee’s orprimary aresidence. Participating State.

§30-3G-6.2.

AdverseWhen actions.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, HB1146 ENROLLED 26.417.13 6 1146 with respect to any action brought or investigation conducted by the Commission or a Participating State.

(a)Section A6. Participating State in which a Licensee is licensed shall have exclusive power to impose Adverse Action against the Qualifying License issued by that Participating State.

(b)Adverse InActions additionA. to the other powers conferred by State law, a Remote State shall have the authority, in accordance with existing State due process law, to do all of the following:

(1)A TakeParticipating Adverse Action against a PA’s Compact Privilege within that State toin removewhich a Licensee’sLicensee Compactis Privilegelicensed orshall takehave otherexclusive actionpower necessaryto underimpose applicableAdverse lawAction toagainst protect the healthQualifying andLicense safetyissued ofby itsthat citizens.Participating State.

(2)B. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.

In addition to the other powers conferred by State law, a Remote State shall have the authority, in accordance with existing State due process law, to do all of the following:

1.

Take Adverse Action against a PA’s Compact Privilege within that State to remove a Licensee’s Compact Privilege or take other action necessary under applicable law to protect the health and safety of its citizens.

2.

Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.

(3)3. Notwithstanding 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)Notwithstanding Nothingparagraph in2, thissubpoenas Compactmay authorizesnot be issued by a Participating State to imposegather disciplineevidence againstof aconduct Intin SBanother 2024R2877State PA’sthat Compactis Privilegelawful orin tothat denyother anState application for athe Compactpurpose Privilegeof intaking thatAdverse ParticipatingAction Stateagainst fora theLicensee’s individual’sCompact otherwisePrivilege lawfulor practiceapplication for a Compact Privilege in anotherthat Participating State.

(c)4. For purposes of taking Adverse Action, the Participating State which issued the Qualifying License shall give the same priority and effect to reported conduct received from any other Participating State as it would if the conduct had occurred within the Participating State which issued the Qualifying License.

Nothing in this Compact authorizes a Participating State to impose discipline against a PA’s Compact Privilege or to deny an application for a Compact Privilege in that Participating State for the individual’s otherwise lawful practice in another State.

C.

For purposes of taking Adverse Action, the Participating State which issued the Qualifying License shall give the same priority and effect to reported conduct received from any other Participating State as it would if the conduct had occurred HB1146 ENROLLED 26.417.13 7 1146 within the Participating State which issued the Qualifying License.

(d)D. A Participating State, if otherwise permitted by State law, may recover from the affected PA the costs of investigations and disposition of cases resulting from any Adverse Action taken against that PA.

(e) A Participating StateState, mayif takeotherwise Adversepermitted Actionby basedState onlaw, themay factualrecover findingsfrom ofthe aaffected RemotePA State,the providedcosts thatof theinvestigations Participatingand Statedisposition followsof itscases ownresulting proceduresfrom forany takingAdverse theAction Adversetaken Action.against that PA.

(f)E. Joint Investigations:

(1)A In addition to the authority granted to a Participating State bymay itstake respectiveAdverse StateAction PAbased lawson andthe regulationsfactual orfindings otherof applicablea StateRemote law,State, anyprovided that the Participating State mayfollows participateits withown otherprocedures Participatingfor Statestaking inthe jointAdverse investigationsAction. of Licensees.

(2)F. Participating States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this Compact.

(g)Joint IfInvestigations an1. Adverse Action is taken against a PA’s Qualifying License, the PA’s Compact Privilege in all Remote States shall be deactivated until two years have elapsed after all restrictions have been removed from the State License.

In addition to the authority granted to a Participating State by its respective State PA laws and regulations or other applicable State law, any Participating State may participate with other Participating States in joint investigations of Licensees.

2.

Participating States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this Compact.

G.

If an Adverse Action is taken against a PA’s Qualifying License, the PA’s Compact Privilege in all Remote States shall be deactivated until two years have elapsed after all restrictions have been removed from the State License.

(h)H. If any Participating State takes Adverse Action, it promptly shall notify the administrator Int SB 2024R2877 of the Data System.

§30-3G-7.If any Participating State takes Adverse Action, it promptly shall notify the administrator of the Data System.

EstablishmentSection of7. the PA licensure compact commission.

(a)Establishment Theof Participating States hereby create and establish a joint government agency and national administrative body known as the PA Licensure Compact Commission.Commission A.

The Participating States hereby create and establish a joint government agency and national administrative body known as the PA Licensure Compact Commission.

(b)B. Membership, Voting, and Meetings.

(1)Membership, EachVoting, Participating State shall have and beMeetings limited1. 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.

(2)Each TheParticipating delegateState shall have and be either:limited to one delegate selected by that Participating State’s Licensing Board or, if the State has more than HB1146 ENROLLED 26.417.13 8 1146 one Licensing Board, selected collectively by the Participating State’s Licensing Boards.

(A)2. A current PA, physician or public member of a Licensing Board or PA Council/Committee;

orThe (B)delegate Anshall administratorbe ofeither: a Licensing Board.

(3)a. Any delegate may be removed or suspended from office as provided by the laws of the State from which the delegate is appointed.

(4)A Thecurrent ParticipatingPA, Statephysician, Licensingor Boardpublic shallmember fillof anya vacancyLicensing occurringBoard inor thePA CommissionCouncil/Committee; within sixty (60) days.

(5)or Eachb. 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.

An administrator of a Licensing Board.

3.

Any delegate may be removed or suspended from office as provided by the laws of the State from which the delegate is appointed.

4.

The Participating State Licensing Board shall fill any vacancy occurring in the Commission within sixty days.

5.

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.

(6)6. The Commission shall meet at least once during each calendar year.

The Commission shall meet at least once during each calendar year.

Int7. SB 2024R2877 (7) The Commission shall establish by Rule a term of office for delegates.

(c) The Commission shall haveestablish theby followingRule powersa andterm duties:of office for delegates.

(1)C. Establish a code of ethics for the Commission;

(2)The EstablishCommission theshall fiscalhave yearthe offollowing thepowers Commission;and duties:

(3)1. Establish fees;

(4) Establish bylaws;a code of ethics for the Commission;

(5)2. Maintain its financial records in accordance with the bylaws;

(6)Establish Meet and take such actions as are consistent with the provisionsfiscal year of this Compact and the bylaws;Commission;

(7)3. Promulgate Rules to facilitate and coordinate implementation and administration of this Compact.

Establish fees;

4.

Establish bylaws;

5.

Maintain its financial records in accordance with the bylaws;

6.

Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;

7.

Promulgate Rules to facilitate and coordinate implementation and administration of this Compact.

(8)8. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any State Licensing Board to sue or be sued under applicable law shall not be affected;

(9)Bring Purchase and maintainprosecute insurancelegal andproceedings bonds;or actions in the name of the Commission, provided that the standing of any State Licensing Board to sue or be sued under applicable law shall not be affected;

(10)9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Participating State;

(11)Purchase Hire employees and engagemaintain contractors,insurance elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this Compact, and establishbonds; the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

(12)HB1146 AcceptENROLLED any26.417.13 and9 all1146 appropriate10. donations and grants of money, equipment, supplies, materials and services, and receive, utilize and dispose of the same;

Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Participating State;

11.

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, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

12.

Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and receive, utilize and dispose of the same;

(13)13. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, Int SB 2024R2877 improve or use, any property, real, personal or mixed;

Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, real, personal or mixed;

(14)14. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

(15)Sell, Establishconvey, amortgage, budgetpledge, andlease, makeexchange, expenditures;abandon, or otherwise dispose of any property real, personal, or mixed;

(16)15. Borrow money;

(17)Establish Appointa committees,budget including standing committees composed of members, State regulators, State legislators or their representatives, and consumermake representatives,expenditures; and such other interested persons as may be designated in this Compact and the bylaws;

(18)16. Provide and receive information from, and cooperate with, law enforcement agencies;

(19)Borrow Electmoney; a Chair, Vice Chair, Secretary and Treasurer and such other officers of the Commission as provided in the Commission’s bylaws.

(20)17. Reserve for itself, in addition to those reserved exclusively to the Commission under the Compact, powers that the Executive Committee may not exercise;

(21)Appoint Approvecommittees, orincluding disapprovestanding acommittees State’scomposed participationof inmembers, theState Compactregulators, basedState uponlegislators itsor determinationtheir asrepresentatives, toand whetherconsumer therepresentatives, State’sand Compactsuch legislationother departsinterested inpersons aas materialmay mannerbe fromdesignated thein Modelthis Compact language;and the bylaws;

(22)18. Prepare and provide to the Participating States an annual report;

Provide and Performreceive suchinformation otherfrom, functionsand ascooperate maywith, belaw necessaryenforcement oragencies; appropriate to achieve the purposes of this Compact consistent with the State regulation of PA licensure and practice.

(d)19. Meetings of the Commission.

(1)Elect Alla meetingsChair, ofVice theChair, CommissionSecretary, thatand areTreasurer notand closedsuch pursuantother toofficers thisof subsectionthe shallCommission beas openprovided toin the public.Commission’s bylaws;

Notice20. of public meetings shall be posted on the Commission’s website at least thirty (30) days prior to the public meeting.

(2)Reserve Notwithstandingfor subsectionitself, D.1in ofaddition thisto section,those thereserved Commissionexclusively mayto convene a public meeting by providing at least 24 hours prior notice on the Commission’sCommission website,under and any other Int SB 2024R2877 means as provided in the Commission’sCompact, Rules,powers forthat any of the reasonsExecutive itCommittee may dispensenot withexercise; notice of proposed rulemaking under Section 9.L.

(3)21. The Commission may convene in a closed, non-public meeting or non-public part of a public meeting to receive legal advice or to discuss:

(A)Approve Non-complianceor ofdisapprove a ParticipatingState’s Stateparticipation within the Compact based upon its obligationsdetermination underas thisto Compact;whether the State’s Compact legislation departs in a material manner from the Model Compact language;

(B)22. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures;

(C)Prepare Current,and threatened,provide orto reasonablythe anticipatedParticipating litigation;States an annual report;

(D)and NegotiationHB1146 ofENROLLED contracts26.417.13 for10 the1146 purchase,23. lease, or sale of goods, services, or real estate;

(E)Perform Accusingsuch anyother personfunctions ofas amay crimebe necessary or formallyappropriate censuringto anyachieve person;the purposes of this Compact consistent with the State regulation of PA licensure and practice.

(F)D. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;

(G)Meetings Disclosure of informationthe ofCommission a1. personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(H)All Disclosuremeetings of investigativethe recordsCommission compiledthat forare lawnot enforcementclosed purposes;pursuant to this subsection shall be open to the public.

(I)Notice Disclosure of informationpublic relatedmeetings toshall anybe investigativeposted reports prepared by or on behalf of or for use of the CommissionCommission’s orwebsite otherat committeeleast chargedthirty withdays responsibilityprior of investigation or determination of compliance issues pursuant to thisthe Compact;public meeting.

(J)2. Legal advice;

orNotwithstanding (K)subsection MattersD.1 specificallyof exemptedthis fromsection, disclosurethe Commission may convene a public meeting by federalproviding orat Participatingleast States’twenty-four statutes.hours prior notice on the Commission’s website, and any other 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.

(4)3. 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.

Int SB 2024R2877 (5) The Commission shallmay keepconvene minutes that fully and clearly describe all matters discussed in a meetingclosed, andnon-public shallmeeting provideor anonpublic fullpart and accurate summary of actionsa taken,public includingmeeting ato descriptionreceive oflegal theadvice viewsor expressed.to discuss:

a.

Non-compliance of a Participating State with its obligations under this Compact;

b.

The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees, or other matters related to the Commission’s internal personnel practices and procedures;

c.

Current, threatened, or reasonably anticipated litigation;

d.

Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

e.

Accusing any person of a crime or formally censuring any person;

f.

Disclosure of trade secrets or commercial or financial information that is privileged or confidential;

g.

Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

h.

Disclosure of investigative records compiled for law enforcement purposes;

i.

Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this Compact;

HB1146 ENROLLED 26.417.13 11 1146 j.

Legal advice;

or k.

Matters specifically exempted from disclosure by federal or Participating States’ statutes.

4.

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.

5.

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.

(e)E. Financing of the Commission.

(1)Financing Theof Commission shall pay, or provide for the paymentCommission of,1. the reasonable expenses of its establishment, organization, and ongoing activities.

(2) The Commission 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)2. The Commission may levy on and collect an annual assessment from each Participating State and may impose Compact Privilege fees on Licensees of Participating States to whom a Compact Privilege is granted to cover the cost of the operations and activities 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.

The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

3.

The Commission may levy on and collect an annual assessment from each Participating State and may impose Compact Privilege fees on Licensees of Participating States to whom a Compact Privilege is granted to cover the cost of the operations and activities 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.

(A)a. A Compact Privilege expires when the Licensee’s Qualifying License in the Participating State from which the Licensee applied for the Compact Privilege expires.

(B)A If the Licensee terminates the Qualifying License through which the Licensee applied for the Compact Privilege beforeexpires itswhen scheduled expiration, and the LicenseeLicensee’s has a Qualifying License in another Participating State, the Licensee shall inform the Commission that it is changing to that Participating State thefrom Participating State through which itthe appliesLicensee applied for a Compact Privilege and pay to the Commission any Compact Privilege feeexpires. required by Commission Rule.

(4)b. The Commission shall not incur obligations of any kind prior to securing the funds Int SB 2024R2877 adequate to meet the same;

If the 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 HB1146 ENROLLED 26.417.13 12 1146 Participating State, the Licensee shall inform the Commission that the Licensee is changing that Participating State to be the Participating State through which the Licensee applies for a Compact Privilege and pay to the Commission any Compact Privilege fee required by Commission Rule.

4.

The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same;

(5)5. The Commission shall keep accurate accounts of all receipts and disbursements.

The Commission shall keep accurate accounts of all receipts and disbursements.

(f)F. The Executive Committee.

(1) The Executive Committee shall1. have the power to act on behalf of the Commission according to the terms of this Compact and Commission Rules.

(2) The Executive Committee shall behave composedthe power to act on behalf of ninethe (9)Commission members:according to the terms of this Compact and Commission Rules.

(A)2. Seven voting members who are elected by the Commission from the current membership of the Commission;

(B)The OneExecutive ex-officio,Committee nonvotingshall memberbe fromcomposed aof recognizednine nationalmembers: PA professional association;

anda. (C) One ex-officio, nonvoting member from a recognized national PA certification organization.

(3)Seven Thevoting ex-officio members willwho beare selectedelected by theirthe respectiveCommission organizations.from the current membership of the Commission;

(4)b. The Commission may remove any member of the Executive Committee as provided in its bylaws.

(5)One Theex-officio, Executivenonvoting Committeemember shallfrom meeta atrecognized leastnational annually.PA professional association;

(6) The Executive Committee shall have the following duties and responsibilities:c.

(A)One Recommendex-officio, tononvoting themember Commissionfrom changesa torecognized thenational Commission’sPA Rulescertification ororganization. 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;

Int3. SB 2024R2877 (B) Ensure Compact administration services are appropriately provided, contractual or otherwise;

(C)The Prepareex-officio andmembers recommendwill thebe budget;selected by their respective organizations.

(D)4. Maintain financial records on behalf of the Commission;

(E)The MonitorCommission Compactmay complianceremove ofany Participatingmember Statesof andthe provideExecutive complianceCommittee reportsas toprovided thein Commission;its bylaws.

(F)5. Establish additional committees as necessary;

(G)The ExerciseExecutive theCommittee powersshall andmeet dutiesat ofleast theannually. Commission during the interim between Commission meetings, except for issuing proposed rulemaking or adopting Commission Rules or bylaws, or exercising any other powers and duties exclusively reserved to the Commission by the Commission’s Rules;

and6. (H) Perform other duties as provided in the Commission’s Rules or bylaws.

(7)The All meeting of the Executive Committee atshall whichhave it votes or plans to vote on matters in exercising the powersfollowing and duties of the Commission shall be open to the public and publicresponsibilities: notice of such meetings shall be given as public meetings of the Commission are given.

(8)a. The Executive Committee may convene in a closed, non-public meeting for the same reasons that the Commission may convene in a non-public meeting as set forth in Section 7.D 3 and shall announce the closed meeting as the 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)Recommend Qualifiedto Immunity,the Defense,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 Indemnification.any HB1146 ENROLLED 26.417.13 13 1146 Commission Compact fee charged to Licensees for the Compact Privilege;

(1)b. 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.

Ensure Compact administration services are appropriately provided, contractual or otherwise;

c.

Prepare and recommend the budget;

d.

Maintain financial records on behalf of the Commission;

e.

Monitor Compact compliance of Participating States and provide compliance reports to the Commission;

f.

Establish additional committees as necessary;

g.

Exercise the powers and duties of the Commission during the interim between Commission meetings, except for issuing proposed rulemaking or adopting Commission Rules or bylaws, or exercising any other powers and duties exclusively reserved to the Commission by the Commission’s Rules;

and h.

Perform other duties as provided in the Commission’s Rules or bylaws.

7.

All meetings of the Executive Committee at which it votes or plans to vote on matters in exercising the powers and 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.

8.

The Executive Committee may convene in a closed, non-public meeting for the same reasons that the Commission may convene in a non-public meeting as set forth in Section 7.D.3 and shall announce the closed meeting as the 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.

Qualified Immunity, Defense, and Indemnification 1.

The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, both personally and in their official capacities, 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 Commission employment, duties or responsibilities;

provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the HB1146 ENROLLED 26.417.13 14 1146 intentional or willful or wanton misconduct of that person.

(2)2. The Commission shall defend any member, officer, executive director, employee, and representative 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;

providedThe thatCommission nothingshall hereindefend shallany bemember, construedofficer, toexecutive prohibitdirector, thatemployee, personand fromrepresentative retainingof theirthe ownCommission counselin atany theircivil ownaction expense;andseeking providedto further,impose thatliability thearising out of any actual or alleged act, error, or omission didthat notoccurred resultwithin fromthe thatscope person’sof intentionalCommission employment, duties, or willfulresponsibilities, or wantonas misconduct.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;

(3)provided Thethat Commissionnothing herein shall indemnifybe andconstrued holdto harmlessprohibit any member, officer, executive director, 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, duties, or responsibilities, or that such personhadareasonablebasisforbelievingoccurredwithinthescopeofCommission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from theretaining intentionaltheir orown willfulcounsel orat wantontheir misconductown ofexpense; that person.

(4) Venue is proper and judicialprovided proceedingsfurther, bythat or against the Commissionactual shallor bealleged broughtact, solelyerror, andor exclusivelyomission indid anot courtresult offrom competentthat jurisdictionperson’s whereintentional, thewillful, principalor officewanton ofmisconduct. the Commission is located.

3.

The Commission shall indemnify and hold harmless any member, officer, executive director, 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, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that person.

4.

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.

(5)5. Nothing herein shall be construed as a limitation on the liability of any Licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable Int SB 2024R2877 State laws.

(6) Nothing herein shall be construed toas designatea thelimitation venueon orthe jurisdictionliability toof bringany actionsLicensee for alleged acts of malpractice, professional misconduct,malpractice negligence, or othermisconduct, suchwhich civilshall actionbe pertaininggoverned tosolely theby practiceany ofother aapplicable PA.State laws.

All6. such matters shall be determined exclusively by State law other than this Compact.

(7) Nothing inherein this Compact shall be interpretedconstrued to waivedesignate orthe otherwisevenue abrogate a Participating State’s state action immunity or statejurisdiction actionto affirmativebring defenseactions withfor respectalleged toacts antitrustof claimsmalpractice, underprofessional themisconduct, Shermannegligence, Act, Clayton Act, or any other Statesuch orcivil federalaction antitrustpertaining orto anticompetitivethe lawpractice orof regulation.a PA.

(8)All NothingHB1146 inENROLLED this26.417.13 Compact15 shall1146 besuch construedmatters toshall be adetermined waiverexclusively of sovereign immunity by theState Participatinglaw Statesother orthan bythis theCompact. Commission.

§30-3G-8.7.

DataNothing system.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.

(a)8. The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated data and reporting system containing licensure, Adverse Action, and the reporting of the existence of Significant Investigative Information on all licensed PAs and applicants denied a License in Participating States.

(b)Nothing Notwithstandingin anythis otherCompact State law to the contrary, a Participating State shall submitbe aconstrued uniform data set to thebe Data System on all PAs to whom this Compact is applicable (utilizing a uniquewaiver identifier)of assovereign requiredimmunity by the RulesParticipating ofStates theor Commission,by including:the Commission.

(1)Section Identifying8. information;

(2)Data LicensureSystem data;A.

(3)The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated data and reporting system containing licensure, Adverse ActionsAction, againstand the reporting of the existence of Significant Investigative Information on all licensed PAs and applicants denied a License orin CompactParticipating Privilege;States.

(4)B. 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);

(5)Notwithstanding Theany existenceother State law to the contrary, a Participating State shall submit a uniform data set to the Data System on all PAs to whom this Compact is applicable, utilizing a unique identifier, as required by the Rules of Significantthe InvestigativeCommission, Information;including:

and1. (6) Other information that may facilitate the administration of this Compact, as determined Int SB 2024R2877 by the Rules of the Commission.

(c)Identifying Significantinformation; Investigative Information pertaining to a Licensee in any Participating State shall only be available to other Participating States.

(d)2. The Commission shall promptly notify all Participating States of any Adverse Action taken against a Licensee or an individual applying for a License that has been reported to it.

Licensure data;

3.

Adverse Actions against a License or Compact Privilege;

4.

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;

5.

The existence of Significant Investigative Information;

and 6.

Other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission.

C.

Significant Investigative Information pertaining to a Licensee in any Participating State shall only be available to other Participating States.

D.

The Commission shall promptly notify all Participating States of any Adverse Action taken against a Licensee or an individual applying for a License that has been reported to it.

(e)E. Participating States 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.

Participating States contributing information to the Data System may, in accordance with State or federal law, designate information that may not be shared HB1146 ENROLLED 26.417.13 16 1146 with the public without the express permission of the contributing State.

(f)F. Any information 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 removed from the Data System upon reporting of such by the Participating State to the Commission.

(g)Any Theinformation recordssubmitted andto informationthe providedData toSystem athat Participatingis Statesubsequently expunged pursuant to thisfederal Compactlaw or through the Datalaws System,of when certified by the CommissionParticipating orState ancontributing agent thereof, shall constitute the authenticatedinformation business records of the Commission, and shall be entitledremoved tofrom anythe associatedData hearsaySystem exceptionupon inreporting anyof relevantsuch judicial,by quasi-judicialthe orParticipating administrativeState proceedingsto inthe aCommission. Participating State.

§30-3G-9.G.

Rulemaking.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.

(a) The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this Section and9. the Rules adopted thereunder.

Rulemaking A.

The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this section and the Rules adopted thereunder.

(b)B. TheCommissionshallpromulgatereasonableRulesinordertoeffectivelyandefficiently implement and administer this Compact and achieve its purposes.

AThe Commission Rule shall bepromulgate invalidreasonable andRules have not force or effect only if a court of competent jurisdiction holds that the Rule is invalid because the Commission exercised its rulemaking authority in aorder mannerto thateffectively isand beyondefficiently theimplement Intand SBadminister 2024R2877 scope of the purposes of this Compact,Compact orand theachieve powersits grantedpurposes. hereunder, or based upon another applicable standard of review.

(c)A TheCommission RulesRule ofshall thebe Commissioninvalid shalland have thenot force ofor laweffect inonly eachif Participatinga State,court providedhoweverthatwheretheRulesof oftheCommissionconflictwiththelawscompetent oftheParticipatingjurisdiction Stateholds that establish the medicalRule servicesis ainvalid PAbecause may perform in the ParticipatingCommission State,exercised asits heldrulemaking byauthority in a courtmanner ofthat competentis jurisdiction,beyond the Rulesscope of the Commissionpurposes shallof bethis ineffectiveCompact, inor thatthe Statepowers togranted thehereunder, extentor ofbased theupon conflict.another applicable standard of review.

(d)C. If a majority 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 Rule shall have no further force and effect in any Participating State or to any State applying to participate in the Compact.

(e)The Rules of the Commission shall have the force of law in each Participating State, provided however that where the Rules of the Commission conflict with the laws of the Participating State that establish the medical services a PA may perform in the Participating State, as held by a court of competent jurisdiction, the Rules of the Commission shall be adoptedineffective atin athat regularState orto specialthe meetingextent of the Commission.conflict.

(f)D. Prior to promulgation and adoption of a final Rule or Rules by the Commission, and at least thirty (30) days in advance of the meeting at which the Rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:

(1)If Ona majority of the websitelegislatures of the Participating States rejects a Commission Rule, by enactment of a statute or otherresolution publiclyin accessiblethe platform;same manner used to adopt this Compact within four years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Participating State or to any State applying to participate in the Compact.

andHB1146 (2)ENROLLED To26.417.13 persons17 who1146 haveE. 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)Commission TheRules Noticeshall ofbe Proposedadopted Rulemakingat shalla include:regular or special meeting of the Commission.

(1)F. Thetime,date,andlocationofthepublichearingontheproposedRuleandtheproposed time, date and location of the meeting in which the proposed Rule will be considered and voted upon;

(2)Prior Theto textpromulgation and adoption of thea proposedfinal Rule or Rules by the Commission, and at least thirty days in advance of the reasonmeeting forat which the proposedRule Rule;will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:

(3)1. A request for comments on the proposed Rule from any interested person and the date by which written comments must be received;

andOn Int SB 2024R2877 (4) The manner in which interested persons may submit notice to the Commissionwebsite of their intention to attend the publicCommission hearing or provideother anypublicly writtenaccessible comments.platform;

(h) Prior to adoption of a proposed Rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments,2. which shall be made available to the public.

(i)To Ifpersons thewho hearinghave isrequested tonotice beof held via electronic means, the CommissionCommission’s shallnotices publishof theproposed mechanismrulemaking; for access to the electronic hearing.

(1) AllpersonswishingtobeheardatthehearingshallasdirectedintheNoticeofProposed Rulemaking, not less than five business days before the scheduled date of the hearing, notify the Commission of their desire to appear and testify3. at the hearing.

(2)In Hearingssuch shallother beway(s) conductedas inthe aCommission mannermay providingby eachRule personspecify. who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

(3)G. All hearings shall be recorded.

The Notice of Proposed Rulemaking shall include:

1.

The time, date, and location of the public hearing on the proposed Rule and the proposed time, date, and location of the meeting in which the proposed Rule will be considered and voted upon;

2.

The text of the proposed Rule and the reason for the proposed Rule;

3.

A request for comments on the proposed Rule from any interested person and the date by which written comments must be received;

and 4.

The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing or provide any written comments.

H.

Prior to adoption of a proposed Rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

I.

If the hearing is to be held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.

1.

All persons wishing to be heard at the hearing shall as directed in the Notice of Proposed Rulemaking, not less than five business days before the scheduled date of the hearing, notify the Commission of their desire to appear and testify at the hearing.

2.

Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

3.

All hearings shall be recorded.

(4)HB1146 NothingENROLLED in26.417.13 this18 section1146 shall4. be construed as requiring a separate hearing on each proposed Rule.

Nothing in this section shall be construed as requiring a separate hearing on each proposed Rule.

(j)J. Following the public hearing the Commission shall consider all written and oral comments timely received.

(k)Following Thethe Commissionpublic shall,hearing, by majority vote of all delegates, take final action on the proposedCommission Rule and shall determineconsider theall effectivewritten date of the Rule, if adopted, based on the Rulemaking record and theoral fullcomments texttimely ofreceived. the Rule.

(1)K. If adopted, the Rule shall be posted on the Commission’s website.

(2)The TheCommissionmayCommission adoptchangesshall, toby theproposedRuleprovidedthechangesmajority donotvote enlargeof all delegates, take final action on the originalproposed purposeRule and shall determine the effective date of the proposedRule, if adopted, based on the Rulemaking record and the full text of the Rule.

(3)1. The Commission shall provide on its website an explanation of the reasons for Int SB 2024R2877 substantive changes made to the proposed Rule as well as reasons for substantive changes not made that were recommended by commenters.

(4)If Theadopted, Commissionthe Rule shall determinebe aposted reasonableon effective date for the Rule.Commission’s website.

Except2. for an emergency as provided in subsection l, the effective date of the Rule shall be no sooner than thirty (30) days after the Commission issued the notice that it adopted the Rule.

(l)The Upon determination that an emergency exists, the Commission may consider and adopt anchanges emergencyto Rule with 24 hours prior notice, without the opportunityproposed forRule comment,provided or hearing, providedthattheusualrulemakingprocedures providedinthis Compactand inthis sectionshall be retroactively applied to the Rulechanges asdo soonnot asenlarge reasonably possible, in no event later than ninety (90) days after the effectiveoriginal datepurpose of the proposed Rule.

3.

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.

4.

The Commission shall determine a reasonable effective date for the Rule.

Except for an emergency as provided in subsection L, the effective date of the Rule shall be no sooner than thirty days after the Commission issued the notice that it adopted the Rule.

L.

Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule with twenty-four hours prior notice, without the opportunity for comment or hearing, provided that the usual rulemaking 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 ninety days after the effective date of the Rule.

(1)1. Meet an imminent threat to public health, safety, or welfare;

(2)Meet Preventan aimminent lossthreat ofto Commissionpublic orhealth, Participatingsafety, Stateor funds;welfare;

(3)2. MeetadeadlineforthepromulgationofaCommissionRulethatisestablishedbyfederal law or Rule;

orPrevent (4)a Protectloss publicof healthCommission andor safety.Participating State funds;

(m)3. TheCommissionoranauthorizedcommitteeoftheCommissionmaydirectrevisionsto a previously adopted Commission Rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors.

Meet a deadline for the promulgation of a Commission Rule that is established by federal law or Rule;

or 4.

Protect public health and safety.

M.

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.

HB1146 ENROLLED 26.417.13 19 1146 The revision shall be subject to challenge by any person for a period of thirty (30) days after posting.

(n)N. No Participating State’s rulemaking requirements shall apply under this Compact.

IntNo SBParticipating 2024R2877State’s §30-3G-10.rulemaking requirements shall apply under this Compact.

Oversight,Section dispute10. resolution, and enforcement.

(a)Oversight, Oversight.Dispute Resolution, and Enforcement A.

(1)Oversight The1. executive and judicial branches of State government in each Participating State shall enforce this Compact and take all actions necessary and appropriate to implement the Compact.

(2)The Venueexecutive is proper and judicial proceedingsbranches byof orState againstgovernment thein Commissionshalleach beParticipating broughtState solelyshall andenforce exclusivelythis inCompact aand courttake ofall competentactions jurisdictionnecessary whereand theappropriate principalto officeimplement of the CommissionCompact. is located.

2.

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.

Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconductmisconduct, or any such similar matter.

(3)3. The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact or the Commission’s Rules and shall have standing to intervene in such a proceeding for all purposes.

FailureThe toCommission provideshall thebe Commissionentitled withto receive service of process shallin renderany aproceeding judgmentregarding the enforcement or orderinterpretation insuchproceedingvoidof asthe toCompact or the Commission,Commission’s thisRules Compact,and orshall Commissionhave Rules.standing to intervene in such a proceeding for all purposes.

(b)Failure Default,to Technicalprovide Assistance,the andCommission Termination.with service of process shall render a judgment or order in such proceeding void as to the Commission, this Compact, or Commission Rules.

(1)B. If the Commission determines that a Participating State has defaulted in the performance of its obligations or responsibilities under this Compact or the CommissionRules, the Commissionshall provide written notice to thedefaulting State and other Participating States.

TheDefault, noticeshalldescribethedefault,theproposedmeansofcuringthedefaultandanyotheractionthatTechnical theAssistance, Commission may take and shallTermination offer1. remedial training and specific technical assistance regarding the default.

(2) If athe StateCommission indetermines defaultthat failsa toParticipating cureState thehas default,defaulted in the defaultingperformance Stateof mayits beobligations terminatedor fromresponsibilities under this Compact uponor anthe affirmativeCommission voteRules, of amajority of thedelegates of the ParticipatingCommission States,shall andprovide allwritten rights,notice privilegesto andthe benefitsdefaulting conferred by this Compact upon such State mayand beother terminatedParticipating onStates. Int SB 2024R2877 the effective date of termination.

The notice shall describe the default, the proposed means of curing the default, and any other action that the Commission may take, and shall offer remedial training and specific technical assistance regarding the default.

HB1146 ENROLLED 26.417.13 20 1146 2.

If a State in default fails to cure the default, the defaulting State may be terminated from this Compact upon an affirmative vote of a majority of the delegates of the Participating States, and all rights, privileges and benefits conferred by this Compact upon such State may be terminated on the effective date of termination.

(3)3. Termination of participation in this Compact shall be imposed only after all other means of securing compliance have been exhausted.

Termination of participation in this Compact shall be imposed only after all other means of securing compliance have been exhausted.

(4)4. A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

(5)A TheState Commissionthat shallhas notbeen bearterminated any costs related to a State that is foundresponsible tofor beall inassessments, defaultobligations, orand thatliabilities hasincurred beenthrough terminatedthe fromeffective thisdate Compact,of unlesstermination, agreedincluding uponobligations inthat writingextend betweenbeyond the Commissioneffective anddate theof defaultingtermination. State.

(6)5. The defaulting State may appeal its termination from the Compact by the Commission by petitioning the U.S.

DistrictThe CourtCommission forshall thenot Districtbear ofany Columbiacosts related to a State that is found to be in default or thethat federalhas districtbeen whereterminated from this Compact, unless agreed upon in writing between the Commission hasand itsthe principaldefaulting offices.State.

6.

The defaulting State may appeal its termination from the Compact by the Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices.

(7)7. Upon 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:

(A)Upon Licenseesthe whotermination haveof been granted a CompactState’s Privilegeparticipation in thatthe Compact, the State shall retainimmediately theprovide Compactnotice Privilegeto forall 180Licensees dayswithin followingthat theState effective date of such termination.

(B)a. Licensees who are licensed in that State who have been granted a Compact Privilege in a Participating State shall retain the Compact Privilege for one hundred eighty (180) days 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.

(c)Licensees Disputewho Resolution.have been granted a Compact Privilege in that State shall retain the Compact Privilege for one hundred eighty days following the effective date of such termination.

Intb. SB 2024R2877 (1) Uponrequest byaParticipating State,theCommissionshall attempttoresolve disputes related to this Compact that arise among Participating States and between participating and non- Participating States.

(2)Licensees Thewho Commissionare shalllicensed promulgatein that State and who have been granted a RuleCompact providingPrivilege forin botha mediationParticipating andState bindingshall disputeretain resolutionthe Compact Privilege for disputesone ashundred appropriate.eighty days, unless the Licensee also has a Qualifying License in a Participating State or obtains a Qualifying License in a Participating State before the one hundred eighty-day period ends, in which case the Compact Privilege shall continue.

(d)HB1146 Enforcement.ENROLLED 26.417.13 21 1146 C.

(1)Dispute TheResolution Commission,1. in the reasonable exercise of its discretion, shall enforce the provisions of this Compact and Rules of the Commission.

(2)Upon Ifrequest compliance is not secured after all means to secure compliance have been exhausted, by majoritya vote,Participating theState, Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission hasshall itsattempt principalto offices,resolve againstdisputes arelated Participating State in default to enforcethis complianceCompact withthat thearise provisionsamong ofParticipating thisStates Compact and thebetween Commission’sparticipating promulgated Rules and bylaws.non-Participating States.

2.

The Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate.

D.

Enforcement 1.

The Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact and Rules of the Commission.

2.

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 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.

(3)3. The remedies herein shall not be the exclusive remedies of the Commission.

The Commissionremedies mayherein pursueshall anynot otherbe remediesthe availableexclusive underremedies federalof orthe Statelaw.Commission.

(e)The LegalCommission Actionmay Againstpursue theany Commission.other remedies available under federal or State law.

(1)E. A ParticipatingStatemayinitiatelegal actionagainsttheCommissionintheU.S.District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its Rules.

Legal Action Against the Commission 1.

A Participating State may initiate legal action against the Commission in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its Rules.

In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs ofsuchof such litigation, including reasonable attorney’s fees.

(2)2. No person other than a Participating State shall enforce this Compact against the Commission.

§30-3G-11.No person other than a Participating State shall enforce this Compact against the Commission.

DateSection of11. Implementation of the PA Licensure Compact Commission.

IntrDate SBof 2024R2877Implementation (a)of This Compact shall come into effect on the datePA onLicensure which this Compact statuteCommission isA. enacted into law in the seventh Participating State.

(1)This OnCompact or after the effective date of theCompact, the Commission shall conveneandcome reviewinto theeffect enactmenton of each of the Statesdate thaton enactedwhich thethis Compact priorstatute tois theenacted Commissioninto conveninglaw ("Charterin Participating States") to determine if the statuteseventh enacted by each such Charter Participating StateState. is materially different than the Model Compact.

(A)HB1146 AENROLLED Charter26.417.13 Participating22 State1146 whose1. enactment is found to be materially different from the Model Compact shall be entitled to the default process set forth in Section 10.B.

(B)On Ifor anyafter Participatingthe Stateeffective laterdate withdrawsof from the CompactCompact, orthe itsCommission participationshall isconvene terminated,and review the Commissionenactment shallof remaineach inof existencethe andStates that enacted the Compact shallprior remainto inthe effectCommission evenconvening ("Charter Participating States") to determine if the numberstatute ofenacted by each such Charter Participating StatesState shouldis bematerially lessdifferent than seven.the Model Compact.

a.

A Charter Participating State whose enactment is found to be materially different from the Model Compact shall be entitled to the default process set forth in Section 10.B.

b.

If any Participating State later withdraws from the Compact or its participation is terminated, the Commission shall remain in existence and the Compact shall remain in effect even if the number of Participating States should be less than seven.

(2)2. Participating States enacting the Compact subsequent to the seven initial Charter Participating States shall be subject to the process set forth in Section 7.C.21 to determine if their enactments are materially different from the Model Compact and whether they qualify for participation in the Compact.

(3)Participating AllStates actionsenacting taken for the benefitCompact ofsubsequent theto Commission or in furtherance of the purposesseven ofinitial theCharter administrationParticipating ofStates theshall Compactbe priorsubject to the effectiveprocess dateset offorth thein CompactSection or7.C.21 theto Commissiondetermine comingif intotheir existenceenactments shallare bematerially considereddifferent tofrom bethe actionsModel ofCompact theand Commissionwhether unlessthey specificallyqualify repudiatedfor byparticipation in the Commission.Compact.

(b)3. Any State that joins this Compact shall be subject to the Commission’s Rules and bylaws as they exist on the date on which this Compact becomes law in that State.

All actions taken for the benefit of the Commission or in furtherance of the purposes of the 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.

B.