HB 1146 — adopt the physician assistant licensure compact.

26.417.1226.417.13 101st Legislative Session 1146 South Dakota Legislature House Bill 1146 HOUSEENROLLED HEALTHA ANDN HUMANACT SERVICESENTITLED ENGROSSEDAn IntroducedAct by:to adopt the physician assistant licensure compact.

RepresentativeB RehfeldtE AnIT ActENACTED toBY adoptTHE theLEGISLATURE physicianOF assistantTHE licensureS compact.TATE OF S OUTH D AKOTA :

B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :

"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 Overstrikes26.417.13 indicate2 deleted1146 language.License denial, censure, revocation, suspension, probation, monitoring of the Licensee, or restriction on the Licensee’s practice.

26.417.12 2 1146 License denial, censure, revocation, suspension, probation, monitoring of the Licensee, or restriction on the Licensee’s practice.

OverstrikesHB1146 indicateENROLLED deleted26.417.13 language.3 1146 N.

26.417.12 3 1146 N.

Fully implement a Criminal Background Check requirement, within a time frame established by Commission Rule, by its Licensing Board receiving the OverstrikesHB1146 indicateENROLLED deleted26.417.13 language.4 1146 results of a Criminal Background Check and reporting to the Commission whether the License applicant has been granted a License.

26.417.12 4 1146 results of a Criminal Background Check and reporting to the Commission whether the License applicant has been granted a License.

OverstrikesHB1146 indicateENROLLED deleted26.417.13 language.5 1146 C.

26.417.12 5 1146 C.

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, OverstrikesHB1146 indicateENROLLED deleted26.417.13 language.6 1146 with respect to any action brought or investigation conducted by the Commission or a Participating State.

26.417.12 6 1146 with respect to any action brought or investigation conducted by the Commission or a Participating 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 OverstrikesHB1146 indicateENROLLED deleted26.417.13 language.7 1146 within the Participating State which issued the Qualifying License.

26.417.12 7 1146 within the Participating State which issued the Qualifying License.

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 OverstrikesHB1146 indicateENROLLED deleted26.417.13 language.8 1146 one Licensing Board, selected collectively by the Participating State’s Licensing Boards.

26.417.12 8 1146 one Licensing Board, selected collectively by the Participating State’s Licensing Boards.

OverstrikesHB1146 indicateENROLLED deleted26.417.13 language.9 1146 10.

26.417.12 9 1146 10.

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 conflictsofconflicts of interest, qualifications of personnel, and other related personnel matters;

and OverstrikesHB1146 indicateENROLLED deleted26.417.13 language.10 1146 23.

26.417.12 10 1146 23.

OverstrikesHB1146 indicateENROLLED deleted26.417.13 language.11 1146 j.

26.417.12 11 1146 j.

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 OverstrikesHB1146 indicateENROLLED deleted26.417.13 language.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.

26.417.12 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.

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 OverstrikesHB1146 indicateENROLLED deleted26.417.13 language.13 1146 Commission Compact fee charged to Licensees for the Compact Privilege;

26.417.12 13 1146 Commission Compact fee charged to Licensees for the Compact Privilege;

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 OverstrikesHB1146 indicateENROLLED deleted26.417.13 language.14 1146 intentional or willful or wanton misconduct of that person.

26.417.12 14 1146 intentional or willful or wanton misconduct of that person.

All OverstrikesHB1146 indicateENROLLED deleted26.417.13 language.15 1146 such matters shall be determined exclusively by State law other than this Compact.

26.417.12 15 1146 such matters shall be determined exclusively by State law other than this Compact.

Participating States contributing information to the Data System may, in accordance with State or federal law, designate information that may not be shared OverstrikesHB1146 indicateENROLLED deleted26.417.13 language.16 1146 with the public without the express permission of the contributing State.

26.417.12 16 1146 with the public without the express permission of the contributing State.

OverstrikesHB1146 indicateENROLLED deleted26.417.13 language.17 1146 E.

26.417.12 17 1146 E.

OverstrikesHB1146 indicateENROLLED deleted26.417.13 language.18 1146 4.

26.417.12 18 1146 4.

OverstrikesHB1146 indicateENROLLED deleted26.417.13 language.19 1146 The revision shall be subject to challenge by any person for a period of thirty days after posting.

26.417.12 19 1146 The revision shall be subject to challenge by any person for a period of thirty days after posting.