Comparing HB 3129 → HB 1146 — adopt the physician assistant licensure compact.

Struck = only in HB 3129 · added = only in HB 1146.

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SECOND REGULAR SESSION HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
26.417.13 101st Legislative Session 1146 South Dakota Legislature House Bill 1146 ENROLLED A N ACT ENTITLED An Act to adopt the physician assistant licensure compact.
3129 103RD GENERAL ASSEMBLY 6895H.02C JOSEPH ENGLER, Chief Clerk AN ACT To amend chapter 334, RSMo, by adding thereto thirteen new sections relating to the physician assistant licensure compact.
B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF S OUTH D AKOTA :
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section 1.
Section A.
That a NEW SECTION be added to a NEW CHAPTER in title 36:
Chapter 334, RSMo, is amended by adding thereto thirteen new sections, to be known as sections 334.1800, 334.1805, 334.1810, 334.1815, 334.1820, 334.1825, 334.1830, 334.1835, 334.1840, 334.1845, 334.1850, 334.1855, and 334.1860, to read as follows:
PHYSICIAN ASSISTANT LICENSURE COMPACT Section 1.
334.1800.
Purpose In order to 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.
1.
This Compact allows Medical Services to be provided by PAs, via the mutual recognition of the Licensee’s Qualifying License by other Compact Participating States.
Sections 334.1800 to 334.1860 shall be known and may be cited as the "Physician Assistant Licensure Compact".
This Compact also adopts the prevailing standard for PA licensure and affirms that the practice and delivery of Medical Services by the PA occurs where the patient is located at the time of the patient encounter, and therefore requires the PA to be under the jurisdiction of the State Licensing Board where the patient is located.
2.
State Licensing Boards that participate in this Compact retain the jurisdiction to impose Adverse Action against a Compact Privilege in that State issued to a PA through the procedures of this Compact.
In order to 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 physician assistants and seeks to enhance the portability of a License to practice as a physician assistant while safeguarding the safety of patients.
The PA Licensure Compact will alleviate burdens for military families by allowing active-duty military personnel and their spouses to obtain a Compact Privilege based on having an unrestricted License in good standing from a Participating State.
This Compact allows Medical Services to be provided by physician assistants, via the mutual recognition of the Licensee's Qualifying License by other Compact Participating States.
Section 2.
This Compact also adopts the prevailing standard for physician assistant licensure and affirms that the practice and delivery of Medical Services by the physician assistant occurs where the patient is located at the time of the patient encounter, and therefore requires the physician assistant to be under the jurisdiction of the State Licensing Board where the patient is located.
Definitions In this Compact:
State Licensing Boards that participate in this Compact retain the jurisdiction to impose Adverse Action against a Compact Privilege in that EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.
A.
Matter in bold-face type in the above bill is proposed language.
"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 26.417.13 2 1146 License denial, censure, revocation, suspension, probation, monitoring of the Licensee, or restriction on the Licensee’s practice.
HCS HB 3129 2 State issued to a physician assistant through the procedures of this Compact.
B.
The PA Licensure Compact will alleviate burdens for military families by allowing active duty military personnel and their spouses to obtain a Compact Privilege based on having an unrestricted License in good standing from a Participating State.
"Compact Privilege" means the authorization granted by a Remote State to allow a Licensee from another Participating State to practice as a PA to provide Medical Services and other licensed activity to a patient located in the Remote State under the Remote State’s laws and regulations.
334.1805.
C.
In this Compact:
"Conviction" means a finding by a court that an individual is guilty of a felony or misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the charge by the offender.
(1) "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 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.
D.
(2) "Compact Privilege" means the authorization granted by a Remote State to allow a Licensee from another Participating State to practice as a physician assistant to provide Medical Services and other licensed activity to a patient located in the Remote State under the Remote State's laws and regulations.
"Criminal Background Check" means the submission of fingerprints or other biometric-based information for a License applicant for the purpose of obtaining that applicant’s criminal history record information, as defined in 28 C.F.R.
(3) "Conviction" means a finding by a court that an individual is guilty of a felony or misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the charge by the offender.
§ 20.3(d), from the State’s criminal history record repository as defined in 28 C.F.R.
(4) "Criminal Background Check" means the submission of fingerprints or other biometric-based information for a License applicant for the purpose of obtaining that applicant's criminal history record information, as defined in 28 C.F.R.
§ 20.3(d), from the State's criminal history record repository as defined in 28 C.F.R.
(5) "Data System" means the repository of information about Licensees, including but not limited to License status and Adverse Actions, which is created and administered under the terms of this Compact.
E.
(6) "Executive Committee" means a group of directors and ex-officio individuals elected or appointed pursuant to subdivision (2) of subsection 6 of section 334.1830.
"Data System" means the repository of information about Licensees, including but not limited to License status and Adverse Actions, which is created and administered under the terms of this Compact.
(7) "Impaired Practitioner" means a physician assistant whose practice is adversely affected by health-related condition(s) that impact their ability to practice.
F.
(8) "Investigative Information" means information, records, or documents received or generated by a Licensing Board pursuant to an investigation.
"Executive Committee" means a group of directors and ex-officio individuals elected or appointed pursuant to Section 7.F.2.
(9) "Jurisprudence Requirement" means the assessment of an individual's knowledge of the laws and Rules governing the practice of a physician assistant in a State.
G.
(10) "License" means current authorization by a State, other than authorization pursuant to a Compact Privilege, for a physician assistant to provide Medical Services, which would be unlawful without current authorization.
"Impaired Practitioner" means a PA whose practice is adversely affected by health- related condition(s) that impact the PA's ability to practice.
HCS HB 3129 3 (11) "Licensee" means an individual who holds a License from a State to provide Medical Services as a physician assistant.
H.
(12) "Licensing Board" means any State entity authorized to license and otherwise regulate physician assistants.
"Investigative Information" means information, records, or documents received or generated by a Licensing Board pursuant to an investigation.
(13) "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.
I.
The medical services provided by a physician assistant to a patient located in Missouri are defined by Missouri's state laws and regulations.
"Jurisprudence Requirement" means the assessment of an individual’s knowledge of the laws and Rules governing the practice of a PA in a State.
(14) "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.
J.
(15) "Participating State" means a State that has enacted this Compact.
"License" means current authorization by a State, other than authorization pursuant to a Compact Privilege, for a PA to provide Medical Services, which would be unlawful without current authorization.
(16) "PA" or "Physician Assistant" means an individual who is licensed as a physician assistant in a State.
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.
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"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.
(17) "PA Licensure Compact Commission," "Compact Commission," or "Commission" mean the national administrative body created pursuant to subsection 1 of section 334.1830 of this Compact.
Q.
(18) "Qualifying License" means an unrestricted License issued by a Participating State to provide Medical Services as a physician assistant.
"PA Licensure Compact Commission" "Compact Commission," or "Commission" mean the national administrative body created pursuant to Section 7.A of this Compact.
(19) "Remote State" means a Participating State where a Licensee who is not licensed as a physician assistant is exercising or seeking to exercise the Compact Privilege.
R.
(20) "Rule" means a regulation promulgated by an entity that has the force and effect of law.
"Qualifying License" means an unrestricted License issued by a Participating State to provide Medical Services as a PA.
(21) "Significant Investigative Information" means Investigative Information that a Licensing Board, after an inquiry or investigation that includes notification and an opportunity for the physician assistant 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.
S.
(22) "State" means any state, commonwealth, district, or territory of the United States.
"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.
334.1810.
T.
1.
"Rule" means a regulation promulgated by an entity that has the force and effect of law.
U.
"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.
"State" means any state, commonwealth, district, or territory of the United States.
Section 3.
State Participation in this Compact A.
HCS HB 3129 4 (1) License physician assistants.
1.
(2) Participate in the Compact Commission's Data System.
License PAs.
(3) Have a mechanism in place for receiving and investigating complaints against Licensees and License applicants.
(4) 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 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 physician assistant licensure.
(8) Grant the Compact Privilege to a holder of a Qualifying License in a Participating State.
Participate in the Compact Commission’s Data System.
3.
Have a mechanism in place for receiving and investigating complaints against Licensees and License applicants.
4.
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.
334.1815.
Section 4.
1.
Compact Privilege A.
(1) Have graduated from a physician assistant program accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc.
1.
Have graduated from a PA program accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc.
(2) Hold current NCCPA certification.
(3) Have no felony or misdemeanor Conviction.
(4) 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 a unique identifier as determined by Commission Rule.
(6) Hold a Qualifying License.
(7) Have had no revocation of a License or limitation or restriction on any License currently held due to an adverse action.
(8) 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.
HCS HB 3129 5 (9) 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.
(10) Notify the Compact Commission that the Licensee is seeking the Compact Privilege in a Remote State.
(11) 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.
(12) Report to the Commission any Adverse Action taken by a non-participating State within thirty (30) days after the action is taken.
The Compact Privilege is valid until the expiration or revocation of the Qualifying License unless terminated pursuant to an Adverse Action.
Hold current NCCPA certification.
The Licensee must also comply with all of the requirements of subsection 1 of this section to maintain the Compact Privilege in a Remote State.
If the Participating State takes Adverse Action against a Qualifying License, the Licensee shall lose the Compact Privilege in any Remote State in which the Licensee has a Compact Privilege until all of the following occur:
(1) The License is no longer limited or restricted;
and (2) Two (2) years have elapsed from the date on which the License is no longer limited or restricted due to the Adverse Action.
Once a restricted or limited License satisfies the requirements of subdivisions (1) and (2) of subsection 2 of this section, the Licensee must meet the requirements of subsection 1 of this section to obtain a Compact Privilege in any Remote State.
Have no felony or misdemeanor conviction.
For each Remote State in which a physician assistant seeks authority to prescribe controlled substances, the physician assistant shall satisfy all requirements imposed by such State in granting or renewing such authority.
Have never had a controlled substance license, permit, or registration suspended or revoked by a State or by the United States Drug Enforcement Administration.
334.1820.
5.
Upon a Licensee's application for a Compact Privilege, the Licensee shall identify to the Commission the Participating State from which the Licensee is applying, in accordance with applicable Rules adopted by the Commission, and subject to the following requirements:
Have a unique identifier as determined by Commission Rule.
(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.
6.
HCS HB 3129 6 (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.
Hold a Qualifying License.
334.1825.
7.
Have had no revocation of a License or limitation or restriction on any License currently held due to an Adverse Action.
8.
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.
If the Participating State takes Adverse Action against a Qualifying License, the Licensee shall lose the Compact Privilege in any Remote State in which the Licensee has a Compact Privilege until all of the following occur:
A 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.
The License is no longer limited or restricted;
and 2.
Two years have elapsed from the date on which the License is no longer limited or restricted due to the Adverse Action.
E.
Once a restricted or limited License satisfies the requirements of subsection D.1 and 2, the Licensee must meet the requirements of subsections A, B, and C to obtain a Compact 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.
Upon a Licensee’s application for a Compact Privilege, the Licensee shall identify to the Commission the Participating State from which the Licensee is applying, in accordance with applicable Rules adopted by the Commission, and subject to the following requirements:
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.
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, HB1146 ENROLLED 26.417.13 6 1146 with respect to any action brought or investigation conducted by the Commission or a Participating State.
Section 6.
Adverse Actions A.
A 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.
(1) Take Adverse Action against a physician assistant'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.
1.
(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.
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) Notwithstanding subdivision (2) of this subsection, 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) Nothing in this Compact authorizes a Participating State to impose discipline against a physician assistant'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.
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.
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.
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.
HCS HB 3129 7 4.
D.
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.
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.
5.
E.
6.
F.
(1) In addition to the authority granted to a Participating State by its respective State physician assistant laws and regulations or other applicable State law, any Participating State may participate with other Participating States in joint investigations of Licensees.
Joint Investigations 1.
(2) Participating States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this Compact.
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.
7.
2.
If an Adverse Action is taken against a physician assistant's Qualifying License, the physician assistant's Compact Privilege in all Remote States shall be deactivated until two (2) years have elapsed after all restrictions have been removed from the State License.
Participating States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this Compact.
All disciplinary orders by the Participating State which issued the Qualifying License that impose Adverse Action against a physician assistant's License shall include a Statement that the physician assistant's Compact Privilege is deactivated in all Participating States during the pendency of the order.
G.
8.
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.
All disciplinary orders by the Participating State which issued the Qualifying License that impose Adverse Action against a PA’s License shall include a Statement that the PA’s Compact Privilege is deactivated in all Participating States during the pendency of the order.
H.
334.1830.
Section 7.
1.
Establishment of the PA Licensure Compact Commission A.
The Commission shall come into existence on or after the effective date of the Compact as set forth in subsection 1 of section 334.1850.
The Commission shall come into existence on or after the effective date of the Compact as set forth in Section 11.A.
B.
Membership, Voting, and Meetings 1.
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 HB1146 ENROLLED 26.417.13 8 1146 one Licensing Board, selected collectively by the Participating State’s Licensing Boards.
(1) Each Participating State shall have and be limited to one (1) 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.
The delegate shall be either:
(2) The delegate shall be either:
a.
(a) A current physician assistant, physician or public member of a Licensing Board or physician assistant Council/Committee;
A current PA, physician, or public member of a Licensing Board or PA Council/Committee;
or (b) An administrator of a Licensing Board.
or b.
(3) Any delegate may be removed or suspended from office as provided by the laws of the State from which the delegate is appointed.
An administrator of a Licensing Board.
HCS HB 3129 8 (4) The Participating State Licensing Board shall fill any vacancy occurring in the Commission within sixty (60) days.
3.
(5) Each delegate shall be entitled to one (1) 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.
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.
The bylaws may provide for delegates' participation in meetings by telecommunications, video conference, or other means of communication.
The bylaws may provide for delegates’ participation in meetings by telecommunications, video conference, or other means of communication.
(6) The Commission shall meet at least once during each calendar year.
6.
The Commission shall meet at least once during each calendar year.
(7) The Commission shall establish by Rule a term of office for delegates.
7.
3.
The Commission shall establish by Rule a term of office for delegates.
C.
(1) Establish a code of ethics for the Commission;
1.
(2) Establish the fiscal year of the Commission;
Establish a code of ethics for the Commission;
(3) Establish fees;
2.
(4) Establish bylaws;
Establish the fiscal year of the Commission;
(5) Maintain its financial records in accordance with the bylaws;
3.
(6) Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;
Establish fees;
(7) Promulgate Rules limited to the Commission's authority to facilitate and coordinate implementation and administration of this Compact.
4.
The Rules authorized by the Compact shall have the force and effect of law and shall be binding in all Participating States;
Establish bylaws;
(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;
5.
(9) Purchase and maintain insurance and bonds;
Maintain its financial records in accordance with the bylaws;
(10) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Participating State;
6.
(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;
Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;
(12) Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and receive, utilize and dispose of the same;
7.
Promulgate Rules to facilitate and coordinate implementation and administration of this Compact.
The Rules shall have the force and effect of law and shall be binding in all Participating States;
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.
Purchase and maintain insurance and bonds;
HB1146 ENROLLED 26.417.13 9 1146 10.
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;
HCS HB 3129 9 (13) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, real, personal or mixed;
13.
Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, real, personal or mixed;
(14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;
14.
(15) Establish a budget and make expenditures;
Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;
(16) Borrow money;
15.
(17) Appoint committees, 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;
Establish a budget and make expenditures;
(18) Provide and receive information from, and cooperate with, law enforcement agencies;
16.
(19) Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of the Commission as provided in the Commission's bylaws;
Borrow money;
(20) Reserve for itself, in addition to those reserved exclusively to the Commission under the Compact, powers that the Executive Committee may not exercise;
17.
(21) Approve or disapprove a State's participation in the Compact based upon its determination as to whether the State's Compact legislation departs in a material manner from the Model Compact language;
Appoint committees, 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;
(22) Prepare and provide to the Participating States an annual report;
18.
and (23) Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the State regulation of physician assistant licensure and practice.
Provide and receive information from, and cooperate with, law enforcement agencies;
19.
Elect a Chair, Vice Chair, Secretary, and Treasurer and such other officers of the Commission as provided in the Commission’s bylaws;
20.
Reserve for itself, in addition to those reserved exclusively to the Commission under the Compact, powers that the Executive Committee may not exercise;
21.
Approve or disapprove a State’s participation in the Compact based upon its determination as to whether the State’s Compact legislation departs in a material manner from the Model Compact language;
22.
Prepare and provide to the Participating States an annual report;
and HB1146 ENROLLED 26.417.13 10 1146 23.
Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the State regulation of PA licensure and practice.
D.
Meetings of the Commission 1.
All meetings of the Commission that are not closed pursuant to this subsection shall be open to the public.
Notice of public meetings shall be posted on the Commission’s website at least thirty days prior to the public meeting.
2.
Notwithstanding subsection D.1 of this section, the Commission may convene a public meeting by providing at least twenty-four 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.
3.
The Commission may convene in a closed, non-public meeting or nonpublic part of a public meeting to receive legal advice or 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.
(1) All meetings of the Commission that are not closed pursuant to this subsection shall be open to the public.
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.
Notice of public meetings shall be posted on the Commission's website at least thirty (30) days prior to the public meeting.
5.
(2) Notwithstanding subdivision (1) of this subsection, the Commission may convene a public meeting by providing at least twenty-four (24) 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 subsection 12 of section 334.1840.
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.
(3) 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) Non-compliance of a Participating State with its obligations under this Compact;
HCS HB 3129 10 (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;
(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.
5.
E.
(1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
Financing of the Commission 1.
(2) The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(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 HCS HB 3129 11 for which revenue is not provided by other sources.
2.
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 Compact Privilege expires when the Licensee's Qualifying License in the Participating State from which the Licensee applied for the Compact Privilege expires.
a.
(b) 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 Participating State, the Licensee shall inform the Commission that it is changing to that Participating State the Participating State through which it applies for a Compact Privilege and pay to the Commission any Compact Privilege fee required by Commission Rule.
A Compact Privilege expires when the Licensee’s Qualifying License in the Participating State from which the Licensee applied for the Compact Privilege expires.
(4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same;
b.
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) The Commission shall keep accurate accounts of all receipts and disbursements.
5.
The Commission shall keep accurate accounts of all receipts and disbursements.
F.
The Executive Committee 1.
The Executive Committee shall 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 be composed of nine members:
a.
Seven voting members who are elected by the Commission from the current membership of the Commission;
b.
One ex-officio, nonvoting member from a recognized national PA professional association;
and c.
One ex-officio, nonvoting member from a recognized national PA certification organization.
3.
The ex-officio members will be selected by their respective organizations.
4.
The Commission may remove any member of the Executive Committee as provided in its bylaws.
5.
The Executive Committee shall meet at least annually.
(1) The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact and Commission Rules.
The Executive Committee shall have the following duties and responsibilities:
(2) The Executive Committee shall be composed of nine (9) members:
a.
(a) Seven voting members who are elected by the Commission from the current membership of the Commission;
Recommend 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 any HB1146 ENROLLED 26.417.13 13 1146 Commission Compact fee charged to Licensees for the Compact Privilege;
(b) One ex-officio, nonvoting member from a recognized national physician assistant professional association;
b.
and (c) One ex-officio, nonvoting member from a recognized national physician assistant certification organization.
Ensure Compact administration services are appropriately provided, contractual or otherwise;
(3) The ex-officio members will be selected by their respective organizations.
c.
(4) The Commission may remove any member of the Executive Committee as provided in its bylaws.
Prepare and recommend the budget;
(5) The Executive Committee shall meet at least annually.
d.
(6) The Executive Committee shall have the following duties and responsibilities:
Maintain financial records on behalf of the Commission;
(a) Recommend to the Commission changes to the Commission's Rules or bylaws, changes to this Compact legislation, fees to be paid by Compact Participating HCS HB 3129 12 States such as annual dues, and any Commission Compact fee charged to Licensees for the Compact Privilege;
e.
(b) Ensure Compact administration services are appropriately provided, contractual or otherwise;
Monitor Compact compliance of Participating States and provide compliance reports to the Commission;
(c) Prepare and recommend the budget;
f.
(d) Maintain financial records on behalf of the Commission;
Establish additional committees as necessary;
(e) Monitor Compact compliance of Participating States and provide compliance reports to the Commission;
g.
(f) Establish additional committees as necessary;
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;
(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.
and (h) Perform other duties as provided in the Commission's Rules or bylaws.
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 subdivision (3) of subsection 4 of this section and shall announce the closed meeting as the Commission is required to under subdivision (4) of subsection 4 of this section and keep minutes of the closed meeting as the Commission is required to under subdivision (5) of subsection 4 of this section.
(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 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 Commission employment, duties or responsibilities;
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.
provided that nothing in this subdivision shall be 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.
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) The Commission shall defend any member, officer, executive director, employee, and representative of the Commission in any civil action seeking to impose HCS HB 3129 13 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 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;
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 scope of Commission 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;
and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional, willful, or wanton misconduct.
(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 or willful or wanton misconduct of that person.
3.
(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.
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) 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 State laws.
5.
(6) Nothing herein shall be construed to designate the venue or jurisdiction to bring actions for alleged acts of malpractice, professional misconduct, negligence, or other such civil action pertaining to the practice of a physician assistant.
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 State laws.
All such matters shall be determined exclusively by State law other than this Compact.
6.
(7) Nothing 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.
Nothing herein shall be construed to designate the venue or jurisdiction to bring actions for alleged acts of malpractice, professional misconduct, negligence, or other such civil action pertaining to the practice of a PA.
(8) Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the Participating States or by the Commission.
All HB1146 ENROLLED 26.417.13 15 1146 such matters shall be determined exclusively by State law other than this Compact.
334.1835.
7.
Nothing 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.
8.
Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the Participating States or by the Commission.
Section 8.
Data System A.
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.
Notwithstanding any other 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 the Commission, including:
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 HCS HB 3129 14 Information on all licensed physician assistants and applicants denied a License in Participating States.
Identifying information;
Notwithstanding any other State law to the contrary, a Participating State shall submit a uniform data set to the Data System on all physician assistants to whom this Compact is applicable (utilizing a unique identifier) as required by the Rules of the Commission, including:
Licensure data;
(1) Identifying information;
(2) Licensure data;
(3) Adverse Actions against a License or Compact Privilege;
(4) Any denial of application for licensure, and the reason or reasons 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.
Significant Investigative Information pertaining to a Licensee in any Participating State shall only be available to other Participating States.
Adverse Actions against a License or Compact Privilege;
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.
5.
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.
6.
F.
7.
G.
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.
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.
HCS HB 3129 15 334.1840.
Section 9.
1.
Rulemaking A.
The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this Section and the Rules adopted thereunder.
The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this section and the Rules adopted thereunder.
2.
B.
A Commission Rule shall be invalid and have no force or 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 scope of the purposes of this Compact, or the powers granted hereunder, or based upon another applicable standard of review.
A Commission Rule shall be invalid and 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 a manner that is beyond the scope of the purposes of this Compact, or the powers granted hereunder, or based upon another applicable standard of review.
3.
C.
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 physician assistant may perform in the Participating State, as held by a court of competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the extent of the conflict.
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 ineffective in that State to the extent of the conflict.
4.
D.
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.
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 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.
5.
HB1146 ENROLLED 26.417.13 17 1146 E.
6.
F.
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:
Prior to promulgation and adoption of a final Rule or Rules by the Commission, and at least thirty 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) On the website of the Commission or other publicly accessible platform;
1.
and (2) To persons who have requested notice of the Commission's notices of proposed rulemaking;
On the website of the Commission or other publicly accessible platform;
and (3) In such other way(s) as the Commission may by Rule specify.
and 2.
7.
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.
(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;
1.
(2) The text of the proposed Rule and the reason for the proposed Rule;
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;
(3) A request for comments on the proposed Rule from any interested person and the date by which written comments must be received;
2.
and HCS HB 3129 16 (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.
The text of the proposed Rule and the reason for the proposed Rule;
8.
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.
9.
I.
(1) All persons wishing to be heard at the hearing shall as directed in the Notice of Proposed Rulemaking, not less than five (5) business days before the scheduled date of the hearing, notify the Commission of their desire to appear and testify at the hearing.
1.
(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.
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.
(3) All hearings shall be recorded.
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) Nothing in this section shall be construed as requiring a separate hearing on each proposed Rule.
HB1146 ENROLLED 26.417.13 18 1146 4.
Nothing in this section shall be construed as requiring a separate hearing on each proposed Rule.
10.
J.
Following the public hearing the Commission shall consider all written and oral comments timely received.
Following the public hearing, the Commission shall consider all written and oral comments timely received.
11.
K.
(1) If adopted, the Rule shall be posted on the Commission's website.
1.
(2) The Commission may adopt changes to the proposed Rule provided the changes do not enlarge the original purpose of the proposed Rule.
If adopted, the Rule shall be posted on the Commission’s website.
(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.
2.
(4) The Commission shall determine a reasonable effective date for the Rule.
The Commission may adopt changes to the proposed Rule provided the changes do not enlarge the original purpose of the proposed Rule.
Except for an emergency as provided in subsection 12 of this section, 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.
3.
12.
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.
Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule with twenty-four (24) hours prior notice, without the opportunity for comment, or hearing, provided that the usual rulemaking procedures HCS HB 3129 17 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 (90) days after the effective date of the Rule.
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) Meet an imminent threat to public health, safety, or welfare;
1.
(2) Prevent a loss of Commission or Participating State funds;
Meet an imminent threat to public health, safety, or welfare;
(3) Meet a deadline for the promulgation of a Commission Rule that is established by federal law or Rule;
2.
or (4) Protect public health and safety.
Prevent a loss of Commission or Participating State funds;
13.
3.
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 revision shall be subject to challenge by any person for a period of thirty (30) days after posting.
HB1146 ENROLLED 26.417.13 19 1146 The revision shall be subject to challenge by any person for a period of thirty days after posting.
14.
N.
No Participating State's rulemaking requirements shall apply under this Compact.
No Participating State’s rulemaking requirements shall apply under this Compact.
334.1845.
Section 10.
1.
Oversight, Dispute Resolution, and Enforcement A.
(1) The 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.
Oversight 1.
(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.
The 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.
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, misconduct or any such similar matter.
Nothing 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) 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.
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.
HCS HB 3129 18 2.
B.
(1) If the Commission determines that a Participating State has defaulted in the performance of its obligations or responsibilities under this Compact or the Commission Rules, the Commission shall provide written notice to the defaulting State and other Participating States.
Default, Technical Assistance, and Termination 1.
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.
If the Commission determines that a Participating State has defaulted in the performance of its obligations or responsibilities under this Compact or the Commission Rules, the Commission shall provide written notice to the defaulting State and other Participating States.
(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.
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) Termination of participation in this Compact shall be imposed only after all other means of securing compliance have been exhausted.
3.
Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State's legislature, and to the Licensing Board(s) of each of the Participating States.
Termination of participation in this Compact shall be imposed only after all other means of securing compliance have been exhausted.
(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.
Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State’s legislature, and to the Licensing Board(s) of each of the Participating States.
(5) The Commission shall not bear any costs related to a State that is found to be in default or that has been terminated from this Compact, unless agreed upon in writing between the Commission and the defaulting State.
(6) The defaulting State may appeal its termination from the Compact by the Commission by petitioning the U.S.
District Court for the District of Columbia or the federal district where the Commission has its principal offices.
The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
(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) Licensees who have been granted a Compact Privilege in that State shall retain the Compact Privilege for one hundred eighty (180) days following the effective date of such termination.
(b) 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 one hundred eighty (180)-day period ends, in which case the Compact Privilege shall continue.
HCS HB 3129 19 3.
(1) Upon request by a Participating State, the Commission shall attempt to resolve disputes related to this Compact that arise among Participating States and between participating and non-Participating States.
(2) The Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact and Rules of the Commission.
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.
(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.
5.
The Commission shall not bear any costs related to a State that is found to be in default or that has been terminated from this Compact, unless agreed upon in writing between the Commission and the defaulting 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.
The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.
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.
Licensees who 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.
b.
Licensees who are licensed in that State and who have been granted a Compact Privilege in a Participating State shall retain the Compact Privilege for one hundred 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.
HB1146 ENROLLED 26.417.13 21 1146 C.
Dispute Resolution 1.
Upon request by a Participating State, the Commission shall attempt to resolve disputes related to this Compact that arise among Participating States and between participating and 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.
In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.
(3) The remedies herein shall not be the exclusive remedies of the Commission.
3.
The remedies herein shall not be the exclusive remedies of the Commission.
5.
E.