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Enrolled HB 110
LAWS OF ALASKA
2026
Source Chapter No.
SCS CSHB 110(FIN) am S _______
AN ACT
Relating to the rural health transformation program; relating to the interstate medical licensure
compact; relating to the PA licensure compact; relating to the psychology interjurisdictional
compact; relating to the practice of respiratory care; relating to the duties of the Department of
Commerce, Community, and Economic Development; relating to telehealth provided by
respiratory care practitioners; relating to a social work licensure compact; relating to the
practice of social work; relating to medical malpractice liability of respiratory care practitioners;
relating to immunity from civil liability for a respiratory care practitioner providing free health
care services; relating to national criminal history record checks; relating to respiratory care
practitioners providing documentation and treatment plans for public school students with
asthma or anaphylaxis; relating to the recognition of EMS personnel licens ure interstate
compact; prohibiting unfair discrimination under group health insurance against respiratory
care practitioners; establishing the Rural Health Transformation Program Advisory Council;
and providing for an effective date.
_______________
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
THE ACT FOLLOWS ON PAGE 1
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AN ACT
Relating to the rural health transformation program; relating to the interstate medical licensure 1
compact; relating to the PA licensure compact; relating to the psychology interjurisdictional 2
compact; relating to the practice of respiratory care; relating to the duties of the Department of 3
Commerce, Community, and Economic Development; relating to telehealth provided by 4
respiratory care practitioners; relating to a social work licensure compact; relating to the 5
practice of social work; relating to medical malpractice liability of respiratory care practitioners; 6
relating to immunity from civil liability for a respiratory care practitioner providing free health 7
care services; relating to national criminal history record checks; relating to respiratory care 8
practitioners providing documentation and treatment plans for public school students with 9
asthma or anaphylaxis; relating to the recognition of EMS personnel licensure interstate 10
compact; prohibiting unfair discrimination under group health insurance against respiratory 11
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care practitioners; establishing the Rural Health Transformation Program Advisory Council; 1
and providing for an effective date. 2
_______________ 3
* Section 1. AS 08.01.010 is amended by adding a new paragraph to read: 4
(42) regulation of respiratory care practitioners under AS 08.90. 5
* Sec. 2. AS 08.02.110(a) is amended to read: 6
(a) An acupuncturist licensed under AS 08.06, an audiologist or speech-7
language pathologist licensed under AS 08.11, a behavior analyst licensed under 8
AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a professional 9
or associate counselor licensed under AS 08.29, a dentist under AS 08.36, a dietitian or 10
nutritionist licensed under AS 08.38, a massage therapist licensed under AS 08.61, a 11
marital and family therapist licensed under AS 08.63, a medical practitioner or 12
osteopath under AS 08.64, a direct-entry midwife certified under AS 08.65, a registered 13
or advanced practice registered nurse under AS 08.68, an optometrist under AS 08.72, 14
a licensed pharmacist under AS 08.80, a physical therapist or occupational therapist 15
licensed under AS 08.84, a psychologist under AS 08.86, a respiratory care 16
practitioner licensed under AS 08.90, or a clinical social worker licensed under 17
AS 08.95, shall use as professional identification appropriate letters or a title after that 18
person's name that represents the person's specific field of practice. The letters or title 19
shall appear on all signs, stationery, or other advertising in which the person offers or 20
displays personal professional services to the public. In addition, a person engaged in 21
the practice of medicine or osteopathy as defined in AS 08.64.380, or a person engaged 22
in any manner in the healing arts who diagnoses, treats, tests, or counsels other persons 23
in relation to human health or disease and uses the letters "M.D." or the title "doctor" or 24
"physician" or another title that tends to show that the person is willing or qualified to 25
diagnose, treat, test, or counsel another person, shall clarify the letters or title by adding 26
the appropriate specialist designation, if any, such as "dermatologist," " radiologist," 27
"audiologist," "naturopath," or the like. 28
* Sec. 3. AS 08.02.130(j)(1) is amended to read: 29
(1) "health care provider" means 30
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(A) an audiologist or speech-language pathologist licensed under 1
AS 08.11; a behavior analyst licensed under AS 08.15; a chiropractor licensed 2
under AS 08.20; a professional or associate counselor licensed under AS 08.29; 3
a dental hygienist licensed under AS 08.32; a dentist licensed under AS 08.36; 4
a dietitian or nutritionist licensed under AS 08.38; a naturopath licensed under 5
AS 08.45; a marital and family therapist licensed under AS 08.63; a physician 6
licensed under AS 08.64; a podiatrist, osteopath, or physician assistant licensed 7
under AS 08.64; a direct-entry midwife certified under AS 08.65; a nurse 8
licensed under AS 08.68; a dispensing optician licensed under AS 08.71; an 9
optometrist licensed under AS 08.72; a pharmacist licensed under AS 08.80; a 10
physical therapist or occupational therapist licensed under AS 08.84; a 11
psychologist or psychological associate licensed under AS 08.86; a respiratory 12
care practitioner licensed under AS 08.90 and authorized under 13
AS 08.90.060(a)(4)(H); or a social worker licensed under AS 08.95; 14
(B) a physician licensed in another state; or 15
(C) a member of a multidisciplinary care team who is licensed 16
in another state; 17
* Sec. 4. AS 08.64.101(a) is amended to read: 18
(a) The board shall 19
(1) except as provided in regulations adopted by the board under (b) of 20
this section, examine and issue licenses to applicants; 21
(2) develop written guidelines to ensure that licensing requirements are 22
not unreasonably burdensome and the issuance of licenses is not unreasonably withheld 23
or delayed; 24
(3) after a hearing, impose disciplinary sanctions on persons who violate 25
this chapter or the regulations or orders of the board; 26
(4) adopt regulations ensuring that renewal of licenses is contingent on 27
proof of continued competency on the part of the licensee; 28
(5) under regulations adopted by the board, contract with private 29
professional organizations to establish an impaired medical professionals program to 30
identify, confront, evaluate, and treat persons licensed under this chapter who abuse 31
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alcohol, other drugs, or other substances or are mentally ill or cognitively impaired; 1
(6) adopt regulations that establish guidelines for a physician or 2
physician assistant who is rendering a diagnosis, providing treatment, or prescribing, 3
dispensing, or administering a prescription drug to a person without conducting a 4
physical examination under AS 08.64.364; the guidelines must include a nationally 5
recognized model policy for standards of care of a patient who is at a different location 6
than the physician or physician assistant; 7
(7) require that a licensee who has a federal Drug Enforcement 8
Administration registration number register with the controlled substance prescription 9
database under AS 17.30.200(n); and 10
(8) implement the Interstate Medical Licensure Compact under 11
AS 08.64.253 and the PA Licensure Compact under AS 08.64.254. 12
* Sec. 5. AS 08.64.190 is amended by adding a new subsection to read: 13
(b) An applicant applying for an expedited license as a physician or osteopath 14
under AS 08.64.253 or a license as a physician assistant under AS 08.64.107 shall 15
submit, along with the application, the applicant's fingerprints and the fees required by 16
the Department of Public Safety under AS 12.62.160 for criminal justice information 17
and a national criminal history record check. The board shall forward the fingerprints 18
and fees to the Department of Public Safety to obtain a report of criminal justice 19
information under AS 12.62 and a national criminal history record check under 20
AS 12.62.400. Criminal justice information and criminal history record information 21
obtained under this subsection may only be used by the board for the purpose of 22
determining an applicant's qualifications and fitness for a license, expedited license, or 23
compact privilege under this chapter. 24
* Sec. 6. AS 08.64 is amended by adding new sections to read: 25
Sec. 08.64.253. Interstate Medical Licensure Compact. The Interstate 26
Medical Licensure Compact as contained in this section is enacted into law and entered 27
into on behalf of the state with all other states and jurisdictions legally joining it in a 28
form substantially as follows: 29
SECTION 1. PURPOSE. 30
In order to strengthen access to health care, and in recognition of the advances 31
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in the delivery of health care, the member states of the Interstate Medical Licensure 1
Compact have allied in common purpose to develop a comprehensive process that 2
complements the existing licensing and regulatory authority of state medical boards, 3
provides a streamlined process that allows physicians to become licensed in multiple 4
states, thereby enhancing the portability of a medical license and ensuring the safety of 5
patients. The Compact creates another pathway for licensure and does not otherwise 6
change a state's existing Medical Practice Act. The Compact also adopts the prevailing 7
standard for licensure and affirms that the practice of medicine occurs where the patient 8
is located at the time of the physician-patient encounter, and therefore, requires the 9
physician to be under the jurisdiction of the state medical board where the patient is 10
located. State medical boards that participate in the Compact retain the jurisdiction to 11
impose an adverse action against a license to practice medicine in that state issued to a 12
physician through the procedures in the Compact. 13
SECTION 2. DEFINITIONS. 14
In this compact, 15
(a) "Bylaws" means those bylaws established by the Interstate Commission 16
pursuant to Section 11. 17
(b) "Commissioner" means the voting representative appointed by each member 18
board pursuant to Section 11. 19
(c) "Conviction" means a finding by a court that an individual is guilty of a 20
criminal offense through adjudication, or entry of a plea of guilt or no contest to the 21
charge by the offender. Evidence of an entry of a conviction of a criminal offense by 22
the court shall be considered final for purposes of disciplinary action by a member 23
board. 24
(d) "Expedited License" means a full and unrestricted medical license granted 25
by a member state to an eligible physician through the process set forth in the Compact. 26
(e) "Interstate Commission" means the interstate commission created pursuant 27
to Section 11. 28
(f) "License" means authorization by a member state for a physician to engage 29
in the practice of medicine, which would be unlawful without authorization. 30
(g) "Medical Practice Act" means laws and regulations governing the practice 31
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of allopathic and osteopathic medicine within a member state. 1
(h) "Member Board" means a state agency in a member state that acts in the 2
sovereign interests of the state by protecting the public through licensure, regulation, 3
and education of physicians as directed by the state government. 4
(i) "Member State" means a state that has enacted the Compact. 5
(j) "Physician" means any person who 6
(1) is a graduate of a medical school accredited by the Liaison 7
Committee on Medical Education, the Commission on Osteopathic College 8
Accreditation, or a medical school listed in the International Medical Education 9
Directory or its equivalent; 10
(2) passed each component of the United States Medical Licensing 11
Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing 12
Examination (COMLEX-USA) within three attempts, or any of its predecessor 13
examinations accepted by a state medical board as an equivalent examination for 14
licensure purposes; 15
(3) successfully completed graduate medical education approved by the 16
Accreditation Council for Graduate Medical Education or the American Osteopathic 17
Association; 18
(4) holds specialty certification or a time-unlimited specialty certificate 19
recognized by the American Board of Medical Specialties or the American Osteopathic 20
Association's Bureau of Osteopathic Specialists; 21
(5) possesses a full and unrestricted license to engage in the practice of 22
medicine issued by a member board; 23
(6) has never been convicted, received adjudication, deferred 24
adjudication, community supervision, or deferred disposition for any offense by a court 25
of appropriate jurisdiction; 26
(7) has never held a license authorizing the practice of medicine 27
subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, 28
excluding any action related to non-payment of fees related to a license; 29
(8) has never had a controlled substance license or permit suspended or 30
revoked by a state or the United States Drug Enforcement Administration; and 31
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(9) is not under active investigation by a licensing agency or law 1
enforcement authority in any state, federal, or foreign jurisdiction. 2
(k) "Practice of Medicine" means that clinical prevention, diagnosis, or 3
treatment of human disease, injury, or condition requiring a physician to obtain and 4
maintain a license in compliance with the Medical Practice Act of a member state. 5
(l) "Offense" means a felony, gross misdemeanor, or crime of moral turpitude. 6
(m) "Rule" means a written statement by the Interstate Commission 7
promulgated pursuant to Section 12 of the Compact that is of general applicability, 8
implements, interprets, or prescribes a policy or provision of the Compact, or an 9
organizational, procedural, or practice requirement of the Interstate Commission, and 10
has the force and effect of statutory law in a member state, and includes the amendment, 11
repeal, or suspension of an existing rule. 12
(n) "State" means any state, commonwealth, district, or territory of the United 13
States. 14
(o) "State of Principal License" means a member state where a physician holds 15
a license to practice medicine and which has been designated as such by the physician 16
for purposes of registration and participation in the Compact. 17
SECTION 3. ELIGIBILITY. 18
(a) A physician must meet the eligibility requirements as defined in Section 2(j) 19
to receive an expedited license under the terms and provisions of the Compact. 20
(b) A physician who does not meet the requirements of Section 2(j) may obtain 21
a license to practice medicine in a member state if the individual complies with all laws 22
and requirements, other than the Compact, relating to the issuance of a license to 23
practice medicine in that state. 24
SECTION 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE. 25
(a) A physician shall designate a member state as the state of principal license 26
for purposes of registration for expedited licensure through the Compact if the physician 27
possesses a full and unrestricted license to practice medicine in that state, and the state 28
is 29
(1) The state of principal residence for the physician; 30
(2) The state where at least 25 percent of the practice of medicine occurs; 31
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(3) The location of the physician's employer; or 1
(4) If no state qualifies under subsection (1), subsection (2), or 2
subsection (3), the state designated as state of residence for purpose of federal income 3
tax. 4
(b) A physician may redesignate a member state as state of principal license at 5
any time, as long as the state meets the requirements of subsection (a). 6
(c) The Interstate Commission is authorized to develop rules to facilitate 7
redesignation of another member state as the state of principal license. 8
SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE. 9
(a) A physician seeking licensure through the Compact shall file an application 10
for an expedited license with the member board of the state selected by the physician as 11
the state of principal license. 12
(b) Upon receipt of an application for an expedited license, the member board 13
within the state selected as the state of principal license shall evaluate whether the 14
physician is eligible for expedited licensure and issue a letter of qualification, verifying 15
or denying the physician's eligibility, to the Interstate Commission. 16
(1) Static qualifications, which include verification of medical 17
education, graduate medical education, results of any medical or licensing examination, 18
and other qualifications as determined by the Interstate Commission through rule, shall 19
not be subject to additional primary source verification where already primary source 20
verified by the state of principal license. 21
(2) The member board within the state selected as the state of principal 22
license shall, in the course of verifying eligibility, perform a criminal background check 23
of an applicant, including the use of the results of fingerprint or other biometric data 24
checks compliant with the requirements of the Federal Bureau of Investigation, with the 25
exception of federal employees who have suitability determination in accordance with 26
5 C.F.R. 731.202. 27
(3) Appeal on the determination of eligibility shall be made to the 28
member state where the application was filed and shall be subject to the law of that state. 29
(c) Upon verification in subsection (b), physicians eligible for an expedited 30
license shall complete the registration process established by the Interstate Commission 31
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to receive a license in a member state selected pursuant to subsection (a), including the 1
payment of any applicable fees. 2
(d) After receiving verification of eligibility under subsection (b) and any fees 3
under subsection (c), a member board shall issue an expedited license to the physician. 4
This license shall authorize the physician to practice medicine in the issuing state 5
consistent with the Medical Practice Act and all applicable laws and regulations of the 6
issuing member board and member state. 7
(e) An expedited license shall be valid for a period consistent with the licensure 8
period in the member state and in the same manner as required for other physicians 9
holding a full and unrestricted license within the member state. 10
(f) An expedited license obtained through the Compact shall be terminated if a 11
physician fails to maintain a license in the state of principal licensure for a non-12
disciplinary reason, without redesignation of a new state of principal licensure. 13
(g) The Interstate Commission is authorized to develop rules regarding the 14
application process, including payment of any applicable fees, and the issuance of an 15
expedited license. 16
SECTION 6. FEES FOR EXPEDITED LICENSURE. 17
(a) A member state issuing an expedited license authorizing the practice of 18
medicine in that state may impose a fee for a license issued or renewed through the 19
Compact. 20
(b) The Interstate Commission is authorized to develop rules regarding fees for 21
expedited licenses. 22
SECTION 7. RENEWAL AND CONTINUED PARTICIPATION. 23
(a) A physician seeking to renew an expedited license granted in a member state 24
shall complete a renewal process with the Interstate Commission if the physician 25
(1) Maintains a full and unrestricted license in a state of principal 26
license; 27
(2) Has not been convicted, received adjudication, deferred 28
adjudication, community supervision, or deferred disposition for any offense by a court 29
of appropriate jurisdiction; 30
(3) Has not had a license authorizing the practice of medicine subject to 31
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discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding 1
any action related to non-payment of fees related to a license; and 2
(4) Has not had a controlled substance license or permit suspended or 3
revoked by a state or the United States Drug Enforcement Administration. 4
(b) Physicians shall comply with all continuing professional development or 5
continuing medical education requirements for renewal of a license issued by a member 6
state. 7
(c) The Interstate Commission shall collect any renewal fees charged for the 8
renewal of a license and distribute the fees to the applicable member board. 9
(d) Upon receipt of any renewal fees collected in subsection (c), a member board 10
shall renew the physician's license. 11
(e) Physician information collected by the Interstate Commission during the 12
renewal process will be distributed to all member boards. 13
(f) The Interstate Commission is authorized to develop rules to address renewal 14
of licenses obtained through the Compact. 15
SECTION 8. COORDINATED INFORMATION SYSTEM. 16
(a) The Interstate Commission shall establish a database of all physicians 17
licensed, or who have applied for licensure, under Section 5. 18
(b) Notwithstanding any other provision of law, member boards shall report to 19
the Interstate Commission any public action or complaints against a licensed physician 20
who has applied or received an expedited license through the Compact. 21
(c) Member boards shall report disciplinary or investigatory information 22
determined as necessary and proper by rule of the Interstate Commission. 23
(d) Member boards may report any non-public complaint, disciplinary, or 24
investigatory information not required by subsection (c) to the Interstate Commission. 25
(e) Member boards shall share complaint or disciplinary information about a 26
physician upon request of another member board. 27
(f) All information provided to the Interstate Commission or distributed by 28
member boards shall be confidential, filed under seal, and used only for investigatory 29
or disciplinary matters. 30
(g) The Interstate Commission is authorized to develop rules for mandated or 31
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discretionary sharing of information by member boards. 1
SECTION 9. JOINT INVESTIGATIONS. 2
(a) Licensure and disciplinary records of physicians are deemed investigative. 3
(b) In addition to the authority granted to a member board by its respective 4
Medical Practice Act or other applicable state law, a member board may participate with 5
other member boards in joint investigations of physicians licensed by the member 6
boards. 7
(c) A subpoena issued by a member state shall be enforceable in other member 8
states. 9
(d) Member boards may share any investigative, litigation, or compliance 10
materials in furtherance of any joint or individual investigation initiate under the 11
Compact. 12
(e) Any member state may investigate actual or alleged violations of the statutes 13
authorizing the practice of medicine in any other member state in which a physician 14
holds a license to practice medicine. 15
SECTION 10. DISCIPLINARY ACTIONS. 16
(a) Any disciplinary action taken by any member board against a physician 17
licensed through the Compact shall be deemed unprofessional conduct which may be 18
subject to discipline by other member boards, in addition to any violation of the Medical 19
Practice Act or regulations in that state. 20
(b) If a license granted to a physician by the member board in the state of 21
principal license is revoked, surrendered or relinquished in lieu of discipline, or 22
suspended, then all licenses issued to the physician by member boards shall 23
automatically be placed, without further action necessary by any member board, on the 24
same status. If the member board in the state of principal license subsequently reinstates 25
the physician's license, a license issued to the physician by any other member board 26
shall remain encumbered until that respective member board takes action to reinstate 27
the license in a manner consistent with the Medical Practice Act of that state. 28
(c) If disciplinary action is taken against a physician by a member board not in 29
the state of principal license, any other member board may deem the action conclusive 30
as to matter of law and fact decided, and 31
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(1) Impose the same or lesser sanctions against the physician so long as 1
such sanctions are consistent with the Medical Practice Act of that state; or 2
(2) Pursue separate disciplinary action against the physician under its 3
respective Medical Practice Act, regardless of the action taken in other member states. 4
(d) If a license granted to a physician by a member board is revoked, surrendered 5
or relinquished in lieu of discipline, or suspended, then any licenses issued to the 6
physician by any other member boards shall be suspended, automatically and 7
immediately without further action necessary by the other member boards, for ninety 8
(90) days upon entry of the order by the disciplining board, to permit the member boards 9
to investigate the basis for the action under the Medical Practice Act of that state. A 10
member board may terminate the automatic suspension of the license it issued prior to 11
the completion of the ninety (90) day suspension period in a manner consistent with the 12
Medical Practice Act of that state. 13
SECTION 11. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION. 14
(a) The member states hereby create the "Interstate Medical Licensure Compact 15
Commission." 16
(b) The purpose of the Interstate Commission is the administration of the 17
Interstate Medical Licensure Compact, which is a discretionary state function. 18
(c) The Interstate Commission shall be a body corporate and joint agency of the 19
member states and shall have all the responsibilities, powers, and duties set forth in the 20
Compact, and such additional powers as may be conferred upon it by a subsequent 21
concurrent action of the respective legislatures of the member states in accordance with 22
the terms of the Compact. 23
(d) The Interstate Commission shall consist of two voting representatives 24
appointed by each member state who shall serve as Commissioners. In states where 25
allopathic and osteopathic physicians are regulated by separate member boards, or if the 26
licensing and disciplinary authority is split between separate member boards, or if the 27
licensing and disciplinary authority is split between multiple member boards within a 28
member state, the member state shall appoint one representative from each member 29
board. A Commissioner shall be 30
(1) An allopathic or osteopathic physician appointed to a member board; 31
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(2) An executive director, executive secretary, or similar executive of a 1
member board; or 2
(3) A member of the public appointed to a member board. 3
(e) The Interstate Commission shall meet at least once each calendar year. A 4
portion of this meeting shall be a business meeting to address such matters as may 5
properly come before the Commission, including the election of officers. The 6
chairperson may call additional meetings and shall call for a meeting upon the request 7
of a majority of the member states. 8
(f) The bylaws may provide for meetings of the Interstate Commission to be 9
conducted by telecommunication or electronic communication. 10
(g) Each Commissioner participating at a meeting of the Interstate Commission 11
is entitled to one vote. A majority of Commissioners shall constitute a quorum for the 12
transaction of business, unless a larger quorum is required by the bylaws of the Interstate 13
Commission. A Commissioner shall not delegate a vote to another Commissioner. In 14
the absence of its Commissioner, a member state may delegate voting authority for a 15
specified meeting to another person from that state who shall meet the requirements of 16
subsection (d). 17
(h) The Interstate Commission shall provide public notice of all meetings and 18
all meetings shall be open to the public. The Interstate Commission may close a meeting, 19
in full or in portion, where it determines by a two-thirds vote of the Commissioners 20
present that an open meeting would be likely to 21
(1) Relate solely to the internal personnel practice and procedures of the 22
Interstate Commission; 23
(2) Discuss matters specifically exempted from disclosure by federal 24
statute; 25
(3) Discuss trade secrets, commercial, or financial information that is 26
privileged or confidential; 27
(4) Involve accusing a person of a crime, or formally censuring a person; 28
(5) Discuss information of a personal nature where disclosure would 29
constitute a clearly unwarranted invasion of personal privacy; 30
(6) Discuss investigative records compiled for law enforcement 31
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purposes; or 1
(7) Specifically relate to the participation in a civil action or other legal 2
proceeding. 3
(i) The Interstate Commission shall keep minutes which shall fully describe all 4
matters discussed in a meeting and shall provide a full and accurate summary of actions 5
taken, including record of any roll call votes. 6
(j) The Interstate Commission shall make its information and official records, 7
to the extent not otherwise designated in the Compact or by its rules, available to the 8
public for inspection. 9
(k) The Interstate Commission shall establish an executive committee, which 10
shall include officers, members, and others as determined by the bylaws. The executive 11
committee shall have the power to act on behalf of the Interstate Commission, with the 12
exception of rulemaking, during periods when the Interstate Commission is not in 13
session. When acting on behalf of the Interstate Commission, the executive committee 14
shall oversee the administration of the Compact including enforcement and compliance 15
with the provisions of the Compact, its bylaws and rules, and other such duties as 16
necessary. 17
(l) The Interstate Commission shall establish other committees for governance 18
and administration of the Compact. 19
SECTION 12. POWERS AND DUTIES OF THE INTERSTATE COMMISSION. 20
(a) Oversee and maintain the administration of the Compact; 21
(b) Promulgate rules which shall be binding to the extent and in the manner 22
provided for in the Compact; 23
(c) Issue, upon the request of a member state or member board, advisory 24
opinions concerning the meaning or interpretation of the Compact, its bylaws, rules, and 25
actions; 26
(d) Enforce compliance with Compact provisions, the rules promulgated by the 27
Interstate Commission, and the bylaws, using all necessary and proper means, including 28
but not limited to the use of judicial process; 29
(e) Establish and appoint committees including, but not limited to, an executive 30
committee as required by Section 11, which shall have the power to act on behalf of the 31
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Interstate Commission in carrying out its powers and duties; 1
(f) Pay, or provide for the payment of the expenses related to the establishment, 2
organization, and ongoing activities of the Interstate Commission; 3
(g) Establish and maintain one or more offices; 4
(h) Borrow, accept, hire, or contract for services of personnel; 5
(i) Purchase and maintain insurance and bonds; 6
(j) Employ an executive director who shall have such powers to employ, select 7
or appoint employees, agents, or consultants, and to determine their qualifications, 8
define their duties, and fix their compensation; 9
(k) Establish personnel policies and programs relating to conflicts of interest, 10
rates of compensation, and qualifications of personnel; 11
(l) Accept donations and grants of money, equipment, supplies, materials, and 12
services and to receive, utilize, and dispose of it in a manner consistent with the conflict 13
of interest policies established by the Interstate Commission; 14
(m) Lease, purchase, accept contributions or donations of, or otherwise to own, 15
hold, improve or use, any property, real, personal, or mixed; 16
(n) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 17
dispose of any property, real, personal, or mixed; 18
(o) Establish a budget and make expenditures; 19
(p) Adopt a seal and bylaws governing the management and operation of the 20
Interstate Commission; 21
(q) Report annually to the legislatures and governors of the member states 22
concerning the activities of the Interstate Commission during the preceding year. Such 23
reports shall also include reports of financial audits and any recommendations that may 24
have been adopted by the Interstate Commission; 25
(r) Coordinate education, training, and public awareness regarding the Compact, 26
its implementation, and its operation; 27
(s) Maintain records in accordance with the bylaws; 28
(t) Seek and obtain trademarks, copyrights, and patents; and 29
(u) Perform such functions as may be necessary or appropriate to achieve the 30
purpose of the Compact. 31
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SECTION 13. FINANCE POWERS. 1
(a) The Interstate Commission may levy on and collect an annual assessment 2
from each member state to cover the cost of the operations and activities of the Interstate 3
Commission and its staff. The total assessment must be sufficient to cover the annual 4
budget approved each year for which revenue is not provided by other sources. The 5
aggregate annual assessment amount shall be allocated upon a formula to be determined 6
by the Interstate Commission, which shall promulgate a rule binding upon all member 7
states. 8
(b) The Interstate Commission shall not incur obligations of any kind prior to 9
securing the funds adequate to meet the same. 10
(c) The Interstate Commission shall not pledge the credit of any of the member 11
states, except by, and with the authority of, the member state. 12
(d) The Interstate Commission shall be subject to a yearly financial audit 13
conducted by a certified or licensed accountant and the report of the audit shall be 14
included in the annual report of the Interstate Commission. 15
SECTION 14. ORGANIZATION AND OPERATION OF THE INTERSTATE 16
COMMISSION. 17
(a) The Interstate Commission shall, by a majority of Commissioners present 18
and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to 19
carry out the purposes of the Compact within twelve (12) months of the first Interstate 20
Commission meeting. 21
(b) The Interstate Commission shall elect or appoint annually from among its 22
Commissioners a chairperson, a vice-chairperson, and a treasurer, each of whom shall 23
have such authority and duties as may be specified in the bylaws. The chairperson, or 24
in the chairperson's absence or disability, the vice-chairperson, shall preside at all 25
meetings of the Interstate Commission. 26
(c) Officers selected in subsection (b) shall serve without remuneration for the 27
Interstate Commission. 28
(d) The officers and employees of the Interstate Commission shall be immune 29
from suit and liability, either personally or in their official capacity, for a claim for 30
damage to or loss of property or personal injury or other civil liability caused or arising 31
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out of, or relating to, an actual or alleged act, error, or omission that occurred, or that 1
such person had a reasonable basis for believing occurred, within the scope of Interstate 2
Commission employment, duties, or responsibilities; provided that such person shall not 3
be protected from suit or liability for damage, loss, injury, or liability caused by the 4
intentional or willful and wanton misconduct of such person. 5
(e) The liability of the executive director and employees of the Interstate 6
Commission or representatives of the Interstate Commission, acting within the scope of 7
such person's employment or duties for acts, errors, or omissions occurring within such 8
person's state, may not exceed the limits of liability set forth under the constitution and 9
laws of that state for state officials, employees, and agents. The Interstate Commission 10
is considered to be an instrumentality of the states for the purpose of any such action. 11
Nothing in this subsection shall be construed to protect such person from suit or liability 12
for damage, loss, injury, or liability caused by the intentional or willful and wanton 13
misconduct of such person. 14
(f) The Interstate Commission shall defend the executive director, its 15
employees, and subject to the approval of the attorney general or other appropriate legal 16
counsel of the member state represented by an Interstate Commission representative, 17
shall defend such Interstate Commission representative in any civil action seeking to 18
impose liability arising out of an actual or alleged act, error or omission that occurred 19
within the scope of Interstate Commission employment, duties or responsibilities, or 20
that the defendant had a reasonable basis for believing occurred within the scope of 21
Interstate Commission employment, duties, or responsibilities, provided that the actual 22
or alleged act, error, or omission did not result from intentional or willful and wanton 23
misconduct on the part of such person. 24
(g) To the extent not covered by the state involved, member state, or the 25
Interstate Commission, the representatives or employees of the Interstate Commission 26
shall be held harmless in the amount of a settlement or judgment, including attorney's 27
fees and costs, obtained against such persons arising out of an actual or alleged act, 28
error, or omission that occurred within the scope of the Interstate Commission 29
employment, duties, or responsibilities, or that such persons had a reasonable basis for 30
believing occurred within the scope of Interstate Commission employment, duties, or 31
Enrolled HB 110 -18-
responsibilities, provided that the actual or alleged act, error, or omission did not result 1
from intentional or willful and wanton misconduct on the part of such person. 2
SECTION 15. RULEMAKING FUNCTIONS OF THE INTERSTATE 3
COMMISSION. 4
(a) The Interstate Commission shall promulgate reasonable rules in order to 5
effectively and efficiently achieve the purpose of the Compact. Notwithstanding the 6
foregoing, in the event the Interstate Commission exercises its rulemaking authority in 7
a manner that is beyond the scope of the purposes of the Compact, or the powers granted 8
hereunder, then such an action by the Interstate Commission shall be invalid and have 9
no force or effect. 10
(b) Rules deemed appropriate for the operations of the Interstate Commission 11
shall be made pursuant to a rulemaking process that substantially conforms to the 12
"Model State Administrative Procedure Act" of 2010, and subsequent amendments 13
thereto. 14
(c) Not later than thirty (30) days after a rule is promulgated, any person may 15
file a petition for judicial review of the rule in the United States District Court for the 16
District of Columbia or the federal district where the Interstate Commission has its 17
principal offices, provided that the filing of such a petition shall not stay or otherwise 18
prevent the rule from becoming effective unless the court finds that the petitioner has a 19
substantial likelihood of success. The court shall give deference to the actions of the 20
Interstate Commission consistent with applicable law and shall not find the rule to be 21
unlawful if the rule represents a reasonable exercise of the authority granted to the 22
Interstate Commission. 23
SECTION 16. OVERSIGHT OF INTERSTATE COMPACT. 24
(a) The executive, legislative, and judicial branches of state government in each 25
member state shall enforce the Compact and shall take all actions necessary and 26
appropriate to effectuate the Compact's purposes and intent. The provisions of the 27
Compact and the rules promulgated hereunder shall have standing as statutory law but 28
shall not override existing state authority to regulate the practice of medicine. 29
(b) All courts shall take judicial notice of the Compact and the rules in any 30
judicial or administrative proceeding in a member state pertaining to the subject matter 31
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of the Compact which may affect the powers, responsibilities or actions of the Interstate 1
Commission. 2
(c) The Interstate Commission shall be entitled to receive all services of process 3
in any such proceeding, and shall have standing to intervene in the proceeding for all 4
purposes. Failure to provide service of process to the Interstate Commission shall render 5
a judgment or order void as to the Interstate Commission, the Compact, or promulgated 6
rules. 7
SECTION 17. ENFORCEMENT OF INTERSTATE COMPACT. 8
(a) The Interstate Commission, in the reasonable exercise of its discretion, shall 9
enforce the provisions and rules of the Compact. 10
(b) The Interstate Commission may, by majority vote of the Commissioners, 11
initiate legal action in the United States Court for the District of Columbia, or, at the 12
discretion of the Interstate Commission, in the federal district where the Interstate 13
Commission has its principal offices, to enforce compliance with the provisions of the 14
Compact, and its promulgated rules and bylaws, against a member state in default. The 15
relief sought may including both injunctive relief and damages. In the event judicial 16
enforcement is necessary, the prevailing party shall be awarded all costs of such 17
litigation including reasonable attorney's fees. 18
(c) The remedies herein shall not be the exclusive remedies of the Interstate 19
Commission. The Interstate Commission may avail itself of any other remedies 20
available under state law or regulation of a profession. 21
SECTION 18. DEFAULT PROCEDURES. 22
(a) The grounds for default include, but are not limited to, failure of a member 23
state to perform such obligations or responsibilities imposed upon it by the Compact, or 24
the rules and bylaws of the Interstate Commission promulgated under the Compact. 25
(b) If the Interstate Commission determines that a member state has defaulted 26
in the performance of its obligations or responsibilities under the Compact, or the 27
bylaws or promulgated rules, the Interstate Commission shall 28
(1) provide written notice to the defaulting state and other member 29
states, of the nature of the default, the means of curing the default, and any action taken 30
by the Interstate Commission; the Interstate Commission shall specify the conditions by 31
Enrolled HB 110 -20-
which the defaulting state must cure its default; and 1
(2) provide remedial training and specific technical assistance regarding 2
the default. 3
(c) If the defaulting state fails to cure the default, the defaulting state shall be 4
terminated from the Compact upon an affirmative vote of a majority of the 5
Commissioners and all rights, privileges, and benefits conferred by the Compact shall 6
terminate on the effective date of termination. A cure of the default does not relieve the 7
offending state of obligations or liabilities incurred during the period of the default. 8
(d) Termination of membership in the Compact shall be imposed only after all 9
other means of securing compliance have been exhausted. Notice of intent to terminate 10
shall be given by the Interstate Commission to the governor, the majority and minority 11
leaders of the defaulting state's legislature, and each of the member states. 12
(e) The Interstate Commission shall establish rules and procedures to address 13
licenses and physicians that are materially impacted by the termination of a member 14
state, or the withdrawal of a member state. 15
(f) The member state which has been terminated is responsible for all due, 16
obligations, and liabilities incurred through the effective date of termination including 17
obligations, the performance of which extends beyond the effective date of termination. 18
(g) The Interstate Commission shall not bear any costs relating to any state that 19
has been found to be in default or which has been terminated from the Compact, unless 20
otherwise mutually agreed upon in writing between the Interstate Commission and the 21
defaulting state. 22
(h) The defaulting state may appeal the action of the Interstate Commission by 23
petitioning the United States District Court for the District of Columbia or the federal 24
district where the Interstate Commission has its principal offices. The prevailing party 25
shall be awarded all costs of such litigation including reasonable attorney's fees. 26
SECTION 19. DISPUTE RESOLUTION. 27
(a) The Interstate Commission shall attempt, upon the request of a member state, 28
to resolve disputes which are subject to the Compact and which may arise among 29
member states or member boards. 30
(b) The Interstate Commission shall promulgate rules providing for both 31
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mediation and binding dispute resolution as appropriate. 1
SECTION 20. MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT. 2
(a) Any state is eligible to become a member of the Compact. 3
(b) The Compact shall become effective and binding upon legislative enactment 4
of the Compact into law by no less than seven (7) states. Thereafter, it shall become 5
effective and binding on a state upon enactment of the Compact into law by that state. 6
(c) The governors of non-member states, or their designees, shall be invited to 7
participate in the activities of the Interstate Commission on a non-voting basis prior to 8
adoption of the Compact by all states. 9
(d) The Interstate Commission may propose amendments to the Compact for 10
enactment by the member states. No amendment shall become effective and binding 11
upon the Interstate Commission and the member states unless and until it is enacted into 12
law by unanimous consent of the member states. 13
SECTION 21. WITHDRAWAL. 14
(a) Once effective, the Compact shall continue in force and remain binding upon 15
each and every member state; provided that a member state may withdraw from the 16
Compact by specifically repealing the statute which enacted the Compact into law. 17
(b) Withdrawal from the Compact shall be by the enactment of a statute 18
repealing the same, but shall not take effect until one (1) year after the effective date of 19
such statute and until written notice of the withdrawal has been given by the 20
withdrawing state to the governor of each other member state. 21
(c) The withdrawing state shall immediately notify the chairperson of the 22
Interstate Commission in writing upon the introduction of legislation repealing the 23
Compact in the withdrawing state. 24
(d) The Interstate Commission shall notify the other member states of the 25
withdrawing state's intent to withdraw within sixty (60) days of its receipt of notice 26
provided under subsection (c). 27
(e) The withdrawing state is responsible for all dues, obligations and liabilities 28
incurred through the effective date of withdrawal, including obligations, the 29
performance of which extend beyond the effective date of withdrawal. 30
(f) Reinstatement following withdrawal of a member state shall occur upon the 31
Enrolled HB 110 -22-
withdrawing date reenacting the Compact or upon such later date as determined by the 1
Interstate Commission. 2
(g) The Interstate Commission is authorized to develop rules to address the 3
impact of the withdrawal of a member state on licenses granted in other member states 4
to physicians who designated the withdrawing member state as the state of principal 5
license. 6
SECTION 22. DISSOLUTION. 7
(a) The Compact shall dissolve effective upon the date of the withdrawal or 8
default of the member state which reduces the membership of the Compact to one (1) 9
member state. 10
(b) Upon the dissolution of the Compact, the Compact becomes null and void 11
and shall be of no further force or effect, and the business and affairs of the Interstate 12
Commission shall be concluded, and surplus funds shall be distributed in accordance 13
with the bylaws. 14
SECTION 23. SEVERABILITY AND CONSTRUCTION. 15
(a) The provisions of the Compact shall be severable, and if any phrase, clause, 16
sentence, or provision is deemed unenforceable, the remaining provisions of the 17
Compact shall be enforceable. 18
(b) The provisions of the Compact shall be liberally construed to effectuate its 19
purposes. 20
(c) Nothing in the Compact shall be construed to prohibit the applicability of 21
other interstate compacts to which the member states are members. 22
SECTION 24. BINDING EFFECT OF COMPACT AND OTHER LAWS. 23
(a) Nothing herein prevents the enforcement of any other law of a member state 24
that is not inconsistent with the Compact. 25
(b) All laws in a member state in conflict with the Compact are superseded to 26
the extent of the conflict. 27
(c) All lawful actions of the Interstate Commission, including all rules and 28
bylaws promulgated by the Commission, are binding upon the member states. 29
(d) All agreements between the Interstate Commission and the member states 30
are binding in accordance with their terms. 31
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(e) In the event any provision of the Compact exceeds the constitutional limits 1
imposed on the legislature of any member state, such provision shall be ineffective to 2
the extent of the conflict with the constitutional provision in question in that member 3
state. 4
Sec. 08.64.254. PA Licensure Compact. The PA licensure compact as 5
contained in this section is enacted into law and entered into on behalf of the state with 6
all other states and jurisdictions legally joining it in a form substantially as follows: 7
SECTION 1. PURPOSE. 8
In order to strengthen access to Medical Services, and in recognition of the 9
advances in the delivery of Medical Services, the Participating States of the PA 10
Licensure Compact have allied in common purpose to develop a comprehensive process 11
that complements the existing authority of State Licensing Boards to license and 12
discipline PAs and seeks to enhance the portability of a License to practice as a PA 13
while safeguarding the safety of patients. This Compact allows Medical Services to be 14
provided by PAs, via the mutual recognition of the Licensee's Qualifying License by 15
other Compact Participating States. This Compact also adopts the prevailing standard 16
for PA licensure and affirms that the practice and delivery of Medical Services by the 17
PA occurs where the patient is located at the time of the patient encounter, and therefore 18
requires the PA to be under the jurisdiction of the State Licensing Board where the 19
patient is located. State Licensing Boards that participate in this Compact retain the 20
jurisdiction to impose Adverse Action against a Compact Privilege in that State issued 21
to a PA through the procedures of this Compact. The PA Licensure Compact will 22
alleviate burdens for military families by allowing active duty military personnel and 23
their spouses to obtain a Compact Privilege based on having an unrestricted License in 24
good standing from a Participating State. 25
SECTION 2. DEFINITIONS. 26
In this Compact: 27
(A) "Adverse Action" means any administrative, civil, equitable, or criminal 28
action permitted by a State's laws which is imposed by a Licensing Board or other 29
authority against a PA License or License application or Compact Privilege such as 30
License denial, censure, revocation, suspension, probation, monitoring of the Licensee, 31
Enrolled HB 110 -24-
or restriction on the Licensee's practice. 1
(B) "Compact Privilege" means the authorization granted by a Remote State to 2
allow a Licensee from another Participating State to practice as a PA to provide Medical 3
Services and other licensed activity to a patient located in the Remote State under the 4
Remote State's laws and regulations. 5
(C) "Conviction" means a finding by a court that an individual is guilty of a 6
felony or misdemeanor offense through adjudication or entry of a plea of guilty or no 7
contest to the charge by the offender. 8
(D) "Criminal Background Check" means the submission of fingerprints or 9
other biometric-based information for a License applicant for the purpose of obtaining 10
that applicant's criminal history record information, as defined in 28 C.F.R. 20.3(d), 11
from the State's criminal history record repository as defined in 28 C.F.R. 20.3(f). 12
(E) "Data System" means the repository of information about Licensees, 13
including but not limited to License status and Adverse Actions, which is created and 14
administered under the terms of this Compact. 15
(F) "Executive Committee" means a group of directors and ex-officio 16
individuals elected or appointed pursuant to Section 7(F)(2). 17
(G) "Impaired Practitioner" means a PA whose practice is adversely affected by 18
health-related condition(s) that impact their ability to practice. 19
(H) "Investigative Information" means information, records, or documents 20
received or generated by a Licensing Board pursuant to an investigation. 21
(I) "Jurisprudence Requirement" means the assessment of an individual's 22
knowledge of the laws and Rules governing the practice of a PA in a State. 23
(J) "License" means current authorization by a State, other than authorization 24
pursuant to a Compact Privilege, for a PA to provide Medical Services, which would be 25
unlawful without current authorization. 26
(K) "Licensee" means an individual who holds a License from a State to provide 27
Medical Services as a PA. 28
(L) "Licensing Board" means any State entity authorized to license and 29
otherwise regulate PAs. 30
(M) "Medical Services" means health care services provided for the diagnosis, 31
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prevention, treatment, cure or relief of a health condition, injury, or disease, as defined 1
by a State's laws and regulations. 2
(N) "Model Compact" means the model for the PA Licensure Compact on file 3
with The Council of State Governments or other entity as designated by the 4
Commission. 5
(O) "Participating State" means a State that has enacted this Compact. 6
(P) "PA" means an individual who is licensed as a physician assistant in a State. 7
For purposes of this Compact, any other title or status adopted by a State to replace the 8
term "physician assistant" shall be deemed synonymous with "physician assistant" and 9
shall confer the same rights and responsibilities to the Licensee under the provisions of 10
this Compact at the time of its enactment. 11
(Q) "PA Licensure Compact Commission," " Compact Commission," or 12
"Commission" mean the national administrative body created pursuant to Section 7(A) 13
of this Compact. 14
(R) "Qualifying License" means an unrestricted License issued by a 15
Participating State to provide Medical Services as a PA. 16
(S) "Remote State" means a Participating State where a Licensee who is not 17
licensed as a PA is exercising or seeking to exercise the Compact Privilege. 18
(T) "Rule" means a regulation promulgated by an entity that has the force and 19
effect of law. 20
(U) "Significant Investigative Information" means Investigative Information 21
that a Licensing Board, after an inquiry or investigation that includes notification and 22
an opportunity for the PA to respond if required by State law, has reason to believe is 23
not groundless and, if proven true, would indicate more than a minor infraction. 24
(V) "State" means any state, commonwealth, district, or territory of the United 25
States. 26
SECTION 3. STATE PARTICIPATION IN THIS COMPACT. 27
(A) To participate in this Compact, a Participating State shall: 28
(1) License PAs. 29
(2) Participate in the Compact Commission's Data System. 30
(3) Have a mechanism in place for receiving and investigating 31
Enrolled HB 110 -26-
complaints against Licensees and License applicants. 1
(4) Notify the Commission, in compliance with the terms of this 2
Compact and Commission Rules, of any Adverse Action against a Licensee or License 3
applicant and the existence of Significant Investigative Information regarding a 4
Licensee or License applicant. 5
(5) Fully implement a Criminal Background Check requirement, within 6
a time frame established by Commission Rule, by its Licensing Board receiving the 7
results of a Criminal Background Check and reporting to the Commission whether the 8
License applicant has been granted a License. 9
(6) Comply with the Rules of the Compact Commission. 10
(7) Utilize passage of a recognized national exam such as the NCCPA 11
PANCE as a requirement for PA licensure. 12
(8) Grant the Compact Privilege to a holder of a Qualifying License in 13
a Participating State. 14
(B) Nothing in this Compact prohibits a Participating State from charging a fee 15
for granting the Compact Privilege. 16
SECTION 4. COMPACT PRIVILEGE. 17
(A) To exercise the Compact Privilege, a Licensee must: 18
(1) Have graduated from a PA program accredited by the Accreditation 19
Review Commission on Education for the Physician Assistant, Inc. or other programs 20
authorized by Commission Rule. 21
(2) Hold current NCCPA certification. 22
(3) Have no felony or misdemeanor Conviction. 23
(4) Have never had a controlled substance license, permit, or registration 24
suspended or revoked by a State or by the United States Drug Enforcement 25
Administration. 26
(5) Have a unique identifier as determined by Commission Rule. 27
(6) Hold a Qualifying License. 28
(7) Have had no revocation of a License or limitation or restriction on 29
any License currently held due to an adverse action. 30
(8) If a Licensee has had a limitation or restriction on a License or 31
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Compact Privilege due to an Adverse Action, two years must have elapsed from the date 1
on which the License or Compact Privilege is no longer limited or restricted due to the 2
Adverse Action. 3
(9) If a Compact Privilege has been revoked or is limited or restricted in 4
a Participating State for conduct that would not be a basis for disciplinary action in a 5
Participating State in which the Licensee is practicing or applying to practice under a 6
Compact Privilege, that Participating State shall have the discretion not to consider such 7
action as an Adverse Action requiring the denial or removal of a Compact Privilege in 8
that State. 9
(10) Notify the Compact Commission that the Licensee is seeking the 10
Compact Privilege in a Remote State. 11
(11) Meet any Jurisprudence Requirement of a Remote State in which 12
the Licensee is seeking to practice under the Compact Privilege and pay any fees 13
applicable to satisfying the Jurisprudence Requirement. 14
(12) Report to the Commission any Adverse Action taken by a non-15
participating State within thirty (30) days after the action is taken. 16
(B) The Compact Privilege is valid until the expiration or revocation of the 17
Qualifying License unless terminated pursuant to an Adverse Action. The Licensee 18
must also comply with all of the requirements of (A) of this Section above to maintain 19
the Compact Privilege in a Remote State. If the Participating State takes Adverse Action 20
against a Qualifying License, the Licensee shall lose the Compact Privilege in any 21
Remote State in which the Licensee has a Compact Privilege until all of the following 22
occur: 23
(1) The License is no longer limited or restricted; and 24
(2) Two (2) years have elapsed from the date on which the License is no 25
longer limited or restricted due to the Adverse Action. 26
(C) Once a restricted or limited License satisfies the requirements of (B)(1) and 27
(2) of this Section, the Licensee must meet the requirements of (A) of this Section to 28
obtain a Compact Privilege in any Remote State. 29
(D) For each Remote State in which a PA seeks authority to prescribe controlled 30
substances, the PA shall satisfy all requirements imposed by such State in granting or 31
Enrolled HB 110 -28-
renewing such authority. 1
SECTION 5. DESIGNATION OF THE STATE FROM WHICH LICENSEE IS 2
APPLYING FOR A COMPACT PRIVILEGE. 3
(A) Upon a Licensee's application for a Compact Privilege, the Licensee shall 4
identify to the Commission the Participating State from which the Licensee is applying, 5
in accordance with applicable Rules adopted by the Commission, and subject to the 6
following requirements: 7
(1) When applying for a Compact Privilege, the Licensee shall provide 8
the Commission with the address of the Licensee's primary residence and thereafter 9
shall immediately report to the Commission any change in the address of the Licensee's 10
primary residence. 11
(2) When applying for a Compact Privilege, the Licensee is required to 12
consent to accept service of process by mail at the Licensee's primary residence on file 13
with the Commission with respect to any action brought against the Licensee by the 14
Commission or a Participating State, including a subpoena, with respect to any action 15
brought or investigation conducted by the Commission or a Participating State. 16
SECTION 6. ADVERSE ACTIONS. 17
(A) A Participating State in which a Licensee is licensed shall have exclusive 18
power to impose Adverse Action against the Qualifying License issued by that 19
Participating State. 20
(B) In addition to the other powers conferred by State law, a Remote State shall 21
have the authority, in accordance with existing State due process law, to do all of the 22
following: 23
(1) Take Adverse Action against a PA's Compact Privilege within that 24
State to remove a Licensee's Compact Privilege or take other action necessary under 25
applicable law to protect the health and safety of its citizens. 26
(2) Issue subpoenas for both hearings and investigations that require the 27
attendance and testimony of witnesses as well as the production of evidence. Subpoenas 28
issued by a Licensing Board in a Participating State for the attendance and testimony of 29
witnesses or the production of evidence from another Participating State shall be 30
enforced in the latter State by any court of competent jurisdiction, according to the 31
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practice and procedure of that court applicable to subpoenas issued in proceedings 1
pending before it. The issuing authority shall pay any witness fees, travel expenses, 2
mileage and other fees required by the service statutes of the State in which the 3
witnesses or evidence are located. 4
(3) Notwithstanding (2) of this subsection, subpoenas may not be issued 5
by a Participating State to gather evidence of conduct in another State that is lawful in 6
that other State for the purpose of taking Adverse Action against a Licensee's Compact 7
Privilege or application for a Compact Privilege in that Participating State. 8
(4) Nothing in this Compact authorizes a Participating State to impose 9
discipline against a PA's Compact Privilege or to deny an application for a Compact 10
Privilege in that Participating State for the individual's otherwise lawful practice in 11
another State. 12
(C) For purposes of taking Adverse Action, the Participating State which issued 13
the Qualifying License shall give the same priority and effect to reported conduct 14
received from any other Participating State as it would if the conduct had occurred 15
within the Participating State which issued the Qualifying License. In so doing, that 16
Participating State shall apply its own State laws to determine appropriate action. 17
(D) A Participating State, if otherwise permitted by State law, may recover from 18
the affected PA the costs of investigations and disposition of cases resulting from any 19
Adverse Action taken against that PA. 20
(E) A Participating State may take Adverse Action based on the factual findings 21
of a Remote State, provided that the Participating State follows its own procedures for 22
taking the Adverse Action. 23
(F) Joint Investigations. 24
(1) In addition to the authority granted to a Participating State by its 25
respective State PA laws and regulations or other applicable State law, any Participating 26
State may participate with other Participating States in joint investigations of Licensees. 27
(2) Participating States shall share any investigative, litigation, or 28
compliance materials in furtherance of any joint or individual investigation initiated 29
under this Compact. 30
(G) If an Adverse Action is taken against a PA's Qualifying License, the PA's 31
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Compact Privilege in all Remote States shall be deactivated until two (2) years have 1
elapsed after all restrictions have been removed from the State License. All disciplinary 2
orders by the Participating State which issued the Qualifying License that impose 3
Adverse Action against a PA's License shall include a Statement that the PA's Compact 4
Privilege is deactivated in all Participating States during the pendency of the order. 5
(H) If any Participating State takes Adverse Action, it promptly shall notify the 6
administrator of the Data System. 7
SECTION 7. ESTABLISHMENT OF THE PA LICENSURE COMPACT 8
COMMISSION. 9
(A) The Participating States hereby create and establish a joint government 10
agency and national administrative body known as the PA Licensure Compact 11
Commission. The Commission is an instrumentality of the Compact States acting jointly 12
and not an instrumentality of any one State. The Commission shall come into existence 13
on or after the effective date of the Compact as set forth in Section 11(A). 14
(B) Membership, Voting, and Meetings. 15
(1) Each Participating State shall have and be limited to one (1) delegate 16
selected by that Participating State's Licensing Board or, if the State has more than one 17
Licensing Board, selected collectively by the Participating State's Licensing Boards. 18
(2) The delegate shall be either: 19
(a) A current PA, physician or public member of a Licensing 20
Board or PA Council/Committee; or 21
(b) An administrator of a Licensing Board. 22
(3) Any delegate may be removed or suspended from office as provided 23
by the laws of the State from which the delegate is appointed. 24
(4) The Participating State Licensing Board shall fill any vacancy 25
occurring in the Commission within sixty (60) days. 26
(5) Each delegate shall be entitled to one (1) vote on all matters voted 27
on by the Commission and shall otherwise have an opportunity to participate in the 28
business and affairs of the Commission. A delegate shall vote in person or by such other 29
means as provided in the bylaws. The bylaws may provide for delegates' participation 30
in meetings by telecommunications, video conference, or other means of 31
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communication. 1
(6) The Commission shall meet at least once during each calendar year. 2
Additional meetings shall be held as set forth in this Compact and the bylaws. 3
(7) The Commission shall establish by Rule a term of office for 4
delegates. 5
(C) The Commission shall have the following powers and duties: 6
(1) Establish a code of ethics for the Commission; 7
(2) Establish the fiscal year of the Commission; 8
(3) Establish fees; 9
(4) Establish bylaws; 10
(5) Maintain its financial records in accordance with the bylaws; 11
(6) Meet and take such actions as are consistent with the provisions of 12
this Compact and the bylaws; 13
(7) Promulgate Rules to facilitate and coordinate implementation and 14
administration of this Compact. The Rules shall have the force and effect of law and 15
shall be binding in all Participating States; 16
(8) Bring and prosecute legal proceedings or actions in the name of the 17
Commission, provided that the standing of any State Licensing Board to sue or be sued 18
under applicable law shall not be affected; 19
(9) Purchase and maintain insurance and bonds; 20
(10) Borrow, accept, or contract for services of personnel, including, but 21
not limited to, employees of a Participating State; 22
(11) Hire employees and engage contractors, elect or appoint officers, 23
fix compensation, define duties, grant such individuals appropriate authority to carry 24
out the purposes of this Compact, and establish the Commission's personnel policies 25
and programs relating to conflicts of interest, qualifications of personnel, and other 26
related personnel matters; 27
(12) Accept any and all appropriate donations and grants of money, 28
equipment, supplies, materials and services, and receive, utilize and dispose of the same; 29
provided that at all times the Commission shall avoid any appearance of impropriety or 30
conflict of interest; 31
Enrolled HB 110 -32-
(13) Lease, purchase, accept appropriate gifts or donations of, or 1
otherwise own, hold, improve or use, any property, real, personal or mixed; provided 2
that at all times the Commission shall avoid any appearance of impropriety; 3
(14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 4
otherwise dispose of any property real, personal, or mixed; 5
(15) Establish a budget and make expenditures; 6
(16) Borrow money; 7
(17) Appoint committees, including standing committees composed of 8
members, State regulators, State legislators or their representatives, and consumer 9
representatives, and such other interested persons as may be designated in this Compact 10
and the bylaws; 11
(18) Provide and receive information from, and cooperate with, law 12
enforcement agencies; 13
(19) Elect a Chair, Vice Chair, Secretary and Treasurer and such other 14
officers of the Commission as provided in the Commission's bylaws; 15
(20) Reserve for itself, in addition to those reserved exclusively to the 16
Commission under the Compact, powers that the Executive Committee may not 17
exercise; 18
(21) Approve or disapprove a State's participation in the Compact based 19
upon its determination as to whether the State's Compact legislation departs in a material 20
manner from the Model Compact language; 21
(22) Prepare and provide to the Participating States an annual report; 22
and 23
(23) Perform such other functions as may be necessary or appropriate to 24
achieve the purposes of this Compact consistent with the State regulation of PA 25
licensure and practice. 26
(D) Meetings of the Commission. 27
(1) All meetings of the Commission that are not closed pursuant to this 28
subsection shall be open to the public. Notice of public meetings shall be posted on the 29
Commission's website at least thirty (30) days prior to the public meeting. 30
(2) Notwithstanding (D)(1) of this Section, the Commission may 31
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convene a public meeting by providing at least twenty-four (24) hours prior notice on 1
the Commission's website, and any other means as provided in the Commission's Rules, 2
for any of the reasons it may dispense with notice of proposed rulemaking under Section 3
9(L). 4
(3) The Commission may convene in a closed, non-public meeting or 5
non-public part of a public meeting to receive legal advice or to discuss: 6
(a) Non-compliance of a Participating State with its obligations 7
under this Compact; 8
(b) The employment, compensation, discipline or other matters, 9
practices or procedures related to specific employees or other matters related to 10
the Commission's internal personnel practices and procedures; 11
(c) Current, threatened, or reasonably anticipated litigation; 12
(d) Negotiation of contracts for the purchase, lease, or sale of 13
goods, services, or real estate; 14
(e) Accusing any person of a crime or formally censuring any 15
person; 16
(f) Disclosure of trade secrets or commercial or financial 17
information that is privileged or confidential; 18
(g) Disclosure of information of a personal nature where 19
disclosure would constitute a clearly unwarranted invasion of personal privacy; 20
(h) Disclosure of investigative records compiled for law 21
enforcement purposes; 22
(i) Disclosure of information related to any investigative reports 23
prepared by or on behalf of or for use of the Commission or other committee 24
charged with responsibility of investigation or determination of compliance 25
issues pursuant to this Compact; 26
(j) Legal advice; or 27
(k) Matters specifically exempted from disclosure by federal or 28
Participating States' statutes. 29
(4) If a meeting, or portion of a meeting, is closed pursuant to this 30
provision, the chair of the meeting or the chair's designee shall certify that the meeting 31
Enrolled HB 110 -34-
or portion of the meeting may be closed and shall reference each relevant exempting 1
provision. 2
(5) The Commission shall keep minutes that fully and clearly describe 3
all matters discussed in a meeting and shall provide a full and accurate summary of 4
actions taken, including a description of the views expressed. All documents considered 5
in connection with an action shall be identified in such minutes. All minutes and 6
documents of a closed meeting shall remain under seal, subject to release by a majority 7
vote of the Commission or order of a court of competent jurisdiction. 8
(E) Financing of the Commission. 9
(1) The Commission shall pay, or provide for the payment of, the 10
reasonable expenses of its establishment, organization, and ongoing activities. 11
(2) The Commission may accept any and all appropriate revenue 12
sources, donations, and grants of money, equipment, supplies, materials, and services. 13
(3) The Commission may levy on and collect an annual assessment from 14
each Participating State and may impose Compact Privilege fees on Licensees of 15
Participating States to whom a Compact Privilege is granted to cover the cost of the 16
operations and activities of the Commission and its staff, which must be in a total 17
amount sufficient to cover its annual budget as approved by the Commission each year 18
for which revenue is not provided by other sources. The aggregate annual assessment 19
amount levied on Participating States shall be allocated based upon a formula to be 20
determined by Commission Rule. 21
(a) A Compact Privilege expires when the Licensee's Qualifying 22
License in the Participating State from which the Licensee applied for the 23
Compact Privilege expires. 24
(b) If the Licensee terminates the Qualifying License through 25
which the Licensee applied for the Compact Privilege before its scheduled 26
expiration, and the Licensee has a Qualifying License in another Participating 27
State, the Licensee shall inform the Commission that it is changing to that 28
Participating State the Participating State through which it applies for a Compact 29
Privilege and pay to the Commission any Compact Privilege fee required by 30
Commission Rule. 31
-35- Enrolled HB 110
(4) The Commission shall not incur obligations of any kind prior to 1
securing the funds adequate to meet the same; nor shall the Commission pledge the 2
credit of any of the Participating States, except by and with the authority of the 3
Participating State. 4
(5) The Commission shall keep accurate accounts of all receipts and 5
disbursements. The receipts and disbursements of the Commission shall be subject to 6
the financial review and accounting procedures established under its bylaws. All 7
receipts and disbursements of funds handled by the Commission shall be subject to an 8
annual financial review by a certified or licensed public accountant, and the report of 9
the financial review shall be included in and become part of the annual report of the 10
Commission. 11
(F) The Executive Committee. 12
(1) The Executive Committee shall have the power to act on behalf of 13
the Commission according to the terms of this Compact and Commission Rules. 14
(2) The Executive Committee shall be composed of nine (9) members: 15
(a) Seven voting members who are elected by the Commission 16
from the current membership of the Commission; 17
(b) One ex-officio, nonvoting member from a recognized 18
national PA professional association; and 19
(c) One ex-officio, nonvoting member from a recognized 20
national PA certification organization. 21
(3) The ex-officio members will be selected by their respective 22
organizations. 23
(4) The Commission may remove any member of the Executive 24
Committee as provided in its bylaws. 25
(5) The Executive Committee shall meet at least annually. 26
(6) The Executive Committee shall have the following duties and 27
responsibilities: 28
(a) Recommend to the Commission changes to the Commission's 29
Rules or bylaws, changes to this Compact legislation, fees to be paid by Compact 30
Participating States such as annual dues, and any Commission Compact fee 31
Enrolled HB 110 -36-
charged to Licensees for the Compact Privilege; 1
(b) Ensure Compact administration services are appropriately 2
provided, contractual or otherwise; 3
(c) Prepare and recommend the budget; 4
(d) Maintain financial records on behalf of the Commission; 5
(e) Monitor Compact compliance of Participating States and 6
provide compliance reports to the Commission; 7
(f) Establish additional committees as necessary; 8
(g) Exercise the powers and duties of the Commission during the 9
interim between Commission meetings, except for issuing proposed rulemaking 10
or adopting Commission Rules or bylaws, or exercising any other powers and 11
duties exclusively reserved to the Commission by the Commission's Rules; and 12
(h) Perform other duties as provided in the Commission's Rules 13
or bylaws. 14
(7) All meetings of the Executive Committee at which it votes or plans 15
to vote on matters in exercising the powers and duties of the Commission shall be open 16
to the public and public notice of such meetings shall be given as public meetings of the 17
Commission are given. 18
(8) The Executive Committee may convene in a closed, non-public 19
meeting for the same reasons that the Commission may convene in a non-public meeting 20
as set forth in Section 7(D)(3) and shall announce the closed meeting as the Commission 21
is required to under Section 7(D)(4) and keep minutes of the closed meeting as the 22
Commission is required to under Section 7(D)(5). 23
(G) Qualified Immunity, Defense, and Indemnification. 24
(1) The members, officers, executive director, employees and 25
representatives of the Commission shall be immune from suit and liability, both 26
personally and in their official capacity, for any claim for damage to or loss of property 27
or personal injury or other civil liability caused by or arising out of any actual or alleged 28
act, error, or omission that occurred, or that the person against whom the claim is made 29
had a reasonable basis for believing occurred within the scope of Commission 30
employment, duties or responsibilities; provided that nothing in this paragraph shall be 31
-37- Enrolled HB 110
construed to protect any such person from suit or liability for any damage, loss, injury, 1
or liability caused by the intentional or willful or wanton misconduct of that person. The 2
procurement of insurance of any type by the Commission shall not in any way 3
compromise or limit the immunity granted hereunder. 4
(2) The Commission shall defend any member, officer, executive 5
director, employee, and representative of the Commission in any civil action seeking to 6
impose liability arising out of any actual or alleged act, error, or omission that occurred 7
within the scope of Commission employment, duties, or responsibilities, or as 8
determined by the Commission that the person against whom the claim is made had a 9
reasonable basis for believing occurred within the scope of Commission employment, 10
duties, or responsibilities; provided that nothing herein shall be construed to prohibit 11
that person from retaining their own counsel at their own expense; and provided further, 12
that the actual or alleged act, error, or omission did not result from that person's 13
intentional or willful or wanton misconduct. 14
(3) The Commission shall indemnify and hold harmless any member, 15
officer, executive director, employee, and representative of the Commission for the 16
amount of any settlement or judgment obtained against that person arising out of any 17
actual or alleged act, error, or omission that occurred within the scope of Commission 18
employment, duties, or responsibilities, or that such person had a reasonable basis for 19
believing occurred within the scope of Commission employment, duties, or 20
responsibilities, provided that the actual or alleged act, error, or omission did not result 21
from the intentional or willful or wanton misconduct of that person. 22
(4) Venue is proper and judicial proceedings by or against the 23
Commission shall be brought solely and exclusively in a court of competent jurisdiction 24
where the principal office of the Commission is located. The Commission may waive 25
venue and jurisdictional defenses in any proceedings as authorized by Commission 26
Rules. 27
(5) Nothing herein shall be construed as a limitation on the liability of 28
any Licensee for professional malpractice or misconduct, which shall be governed 29
solely by any other applicable State laws. 30
(6) Nothing herein shall be construed to designate the venue or 31
Enrolled HB 110 -38-
jurisdiction to bring actions for alleged acts of malpractice, professional misconduct, 1
negligence, or other such civil action pertaining to the practice of a PA. All such matters 2
shall be determined exclusively by State law other than this Compact. 3
(7) Nothing in this Compact shall be interpreted to waive or otherwise 4
abrogate a Participating State's state action immunity or state action affirmative defense 5
with respect to antitrust claims under the Sherman Act, Clayton Act, or any other State 6
or federal antitrust or anticompetitive law or regulation. 7
(8) Nothing in this Compact shall be construed to be a waiver of 8
sovereign immunity by the Participating States or by the Commission. 9
SECTION 8. DATA SYSTEM. 10
(A) The Commission shall provide for the development, maintenance, 11
operation, and utilization of a coordinated data and reporting system containing 12
licensure, Adverse Action, and the reporting of the existence of Significant Investigative 13
Information on all licensed PAs and applicants denied a License in Participating States. 14
(B) Notwithstanding any other State law to the contrary, a Participating State 15
shall submit a uniform data set to the Data System on all PAs to whom this Compact is 16
applicable (utilizing a unique identifier) as required by the Rules of the Commission, 17
including: 18
(1) Identifying information; 19
(2) Licensure data; 20
(3) Adverse Actions against a License or Compact Privilege; 21
(4) Any denial of application for licensure, and the reason(s) for such 22
denial (excluding the reporting of any Criminal history record information where 23
prohibited by law); 24
(5) The existence of Significant Investigative Information; and 25
(6) Other information that may facilitate the administration of this 26
Compact, as determined by the Rules of the Commission. 27
(C) Significant Investigative Information pertaining to a Licensee in any 28
Participating State shall only be available to other Participating States. 29
(D) The Commission shall promptly notify all Participating States of any 30
Adverse Action taken against a Licensee or an individual applying for a License that 31
-39- Enrolled HB 110
has been reported to it. This Adverse Action information shall be available to any other 1
Participating State. 2
(E) Participating States contributing information to the Data System may, in 3
accordance with State or federal law, designate information that may not be shared with 4
the public without the express permission of the contributing State. Notwithstanding 5
any such designation, such information shall be reported to the Commission through the 6
Data System. 7
(F) Any information submitted to the Data System that is subsequently 8
expunged pursuant to federal law or the laws of the Participating State contributing the 9
information shall be removed from the Data System upon reporting of such by the 10
Participating State to the Commission. 11
(G) The records and information provided to a Participating State pursuant to 12
this Compact or through the Data System, when certified by the Commission or an agent 13
thereof, shall constitute the authenticated business records of the Commission, and shall 14
be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or 15
administrative proceedings in a Participating State. 16
SECTION 9. RULEMAKING. 17
(A) The Commission shall exercise its Rulemaking powers pursuant to the 18
criteria set forth in this Section and the Rules adopted thereunder. Commission Rules 19
shall become binding as of the date specified by the Commission for each Rule. 20
(B) The Commission shall promulgate reasonable Rules in order to effectively 21
and efficiently implement and administer this Compact and achieve its purposes. A 22
Commission Rule shall be invalid and have no force or effect only if a court of 23
competent jurisdiction holds that the Rule is invalid because the Commission exercised 24
its rulemaking authority in a manner that is beyond the scope of the purposes of this 25
Compact, or the powers granted hereunder, or based upon another applicable standard 26
of review. 27
(C) The Rules of the Commission shall have the force of law in each 28
Participating State, provided however that where the Rules of the Commission conflict 29
with the laws of the Participating State that establish the medical services a PA may 30
perform in the Participating State, as held by a court of competent jurisdiction, the Rules 31
Enrolled HB 110 -40-
of the Commission shall be ineffective in that State to the extent of the conflict. 1
(D) If a majority of the legislatures of the Participating States rejects a 2
Commission Rule, by enactment of a statute or resolution in the same manner used to 3
adopt this Compact within four (4) years of the date of adoption of the Rule, then such 4
Rule shall have no further force and effect in any Participating State or to any State 5
applying to participate in the Compact. 6
(E) Commission Rules shall be adopted at a regular or special meeting of the 7
Commission. 8
(F) Prior to promulgation and adoption of a final Rule or Rules by the 9
Commission, and at least thirty (30) days in advance of the meeting at which the Rule 10
will be considered and voted upon, the Commission shall file a Notice of Proposed 11
Rulemaking: 12
(1) On the website of the Commission or other publicly accessible 13
platform; and 14
(2) To persons who have requested notice of the Commission's notices 15
of proposed rulemaking; and 16
(3) In such other way(s) as the Commission may by Rule specify. 17
(G) The Notice of Proposed Rulemaking shall include: 18
(1) The time, date, and location of the public hearing on the proposed 19
Rule and the proposed time, date and location of the meeting in which the proposed 20
Rule will be considered and voted upon; 21
(2) The text of the proposed Rule and the reason for the proposed Rule; 22
(3) A request for comments on the proposed Rule from any interested 23
person and the date by which written comments must be received; and 24
(4) The manner in which interested persons may submit notice to the 25
Commission of their intention to attend the public hearing or provide any written 26
comments. 27
(H) Prior to adoption of a proposed Rule, the Commission shall allow persons 28
to submit written data, facts, opinions, and arguments, which shall be made available to 29
the public. 30
(I) If the hearing is to be held via electronic means, the Commission shall 31
-41- Enrolled HB 110
publish the mechanism for access to the electronic hearing. 1
(1) All persons wishing to be heard at the hearing shall as directed in the 2
Notice of Proposed Rulemaking, not less than five (5) business days before the 3
scheduled date of the hearing, notify the Commission of their desire to appear and testify 4
at the hearing. 5
(2) Hearings shall be conducted in a manner providing each person who 6
wishes to comment a fair and reasonable opportunity to comment orally or in writing. 7
(3) All hearings shall be recorded. A copy of the recording and the 8
written comments, data, facts, opinions, and arguments received in response to the 9
proposed rulemaking shall be made available to a person upon request. 10
(4) Nothing in this section shall be construed as requiring a separate 11
hearing on each proposed Rule. Proposed Rules may be grouped for the convenience of 12
the Commission at hearings required by this section. 13
(J) Following the public hearing the Commission shall consider all written and 14
oral comments timely received. 15
(K) The Commission shall, by majority vote of all delegates, take final action 16
on the proposed Rule and shall determine the effective date of the Rule, if adopted, 17
based on the Rulemaking record and the full text of the Rule. 18
(1) If adopted, the Rule shall be posted on the Commission's website. 19
(2) The Commission may adopt changes to the proposed Rule provided 20
the changes do not enlarge the original purpose of the proposed Rule. 21
(3) The Commission shall provide on its website an explanation of the 22
reasons for substantive changes made to the proposed Rule as well as reasons for 23
substantive changes not made that were recommended by commenters. 24
(4) The Commission shall determine a reasonable effective date for the 25
Rule. Except for an emergency as provided in (L) of this Section, the effective date of 26
the Rule shall be no sooner than thirty (30) days after the Commission issued the notice 27
that it adopted the Rule. 28
(L) Upon determination that an emergency exists, the Commission may 29
consider and adopt an emergency Rule with twenty-four (24) hours prior notice, without 30
the opportunity for comment, or hearing, provided that the usual rulemaking procedures 31
Enrolled HB 110 -42-
provided in this Compact and in this section shall be retroactively applied to the Rule 1
as soon as reasonably possible, in no event later than ninety (90) days after the effective 2
date of the Rule. For the purposes of this provision, an emergency Rule is one that must 3
be adopted immediately by the Commission in order to: 4
(1) Meet an imminent threat to public health, safety, or welfare; 5
(2) Prevent a loss of Commission or Participating State funds; 6
(3) Meet a deadline for the promulgation of a Commission Rule that is 7
established by federal law or Rule; or 8
(4) Protect public health and safety. 9
(M) The Commission or an authorized committee of the Commission may direct 10
revisions to a previously adopted Commission Rule for purposes of correcting 11
typographical errors, errors in format, errors in consistency, or grammatical errors. 12
Public notice of any revisions shall be posted on the website of the Commission. The 13
revision shall be subject to challenge by any person for a period of thirty (30) days after 14
posting. The revision may be challenged only on grounds that the revision results in a 15
material change to a Rule. A challenge shall be made as set forth in the notice of 16
revisions and delivered to the Commission prior to the end of the notice period. If no 17
challenge is made, the revision will take effect without further action. If the revision is 18
challenged, the revision may not take effect without the approval of the Commission. 19
(N) No Participating State's rulemaking requirements shall apply under this 20
Compact. 21
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 22
(A) Oversight. 23
(1) The executive and judicial branches of State government in each 24
Participating State shall enforce this Compact and take all actions necessary and 25
appropriate to implement the Compact. 26
(2) Venue is proper and judicial proceedings by or against the 27
Commission shall be brought solely and exclusively in a court of competent jurisdiction 28
where the principal office of the Commission is located. The Commission may waive 29
venue and jurisdictional defenses to the extent it adopts or consents to participate in 30
alternative dispute resolution proceedings. Nothing herein shall affect or limit the 31
-43- Enrolled HB 110
selection or propriety of venue in any action against a Licensee for professional 1
malpractice, misconduct or any such similar matter. 2
(3) The Commission shall be entitled to receive service of process in 3
any proceeding regarding the enforcement or interpretation of the Compact or the 4
Commission's Rules and shall have standing to intervene in such a proceeding for all 5
purposes. Failure to provide the Commission with service of process shall render a 6
judgment or order in such proceeding void as to the Commission, this Compact, or 7
Commission Rules. 8
(B) Default, Technical Assistance, and Termination. 9
(1) If the Commission determines that a Participating State has defaulted 10
in the performance of its obligations or responsibilities under this Compact or the 11
Commission Rules, the Commission shall provide written notice to the defaulting State 12
and other Participating States. The notice shall describe the default, the proposed means 13
of curing the default and any other action that the Commission may take and shall offer 14
remedial training and specific technical assistance regarding the default. 15
(2) If a State in default fails to cure the default, the defaulting State may 16
be terminated from this Compact upon an affirmative vote of a majority of the delegates 17
of the Participating States, and all rights, privileges and benefits conferred by this 18
Compact upon such State may be terminated on the effective date of termination. A cure 19
of the default does not relieve the offending State of obligations or liabilities incurred 20
during the period of default. 21
(3) Termination of participation in this Compact shall be imposed only 22
after all other means of securing compliance have been exhausted. Notice of intent to 23
suspend or terminate shall be given by the Commission to the governor, the majority 24
and minority leaders of the defaulting State's legislature, and to the Licensing Board(s) 25
of each of the Participating States. 26
(4) A State that has been terminated is responsible for all assessments, 27
obligations, and liabilities incurred through the effective date of termination, including 28
obligations that extend beyond the effective date of termination. 29
(5) The Commission shall not bear any costs related to a State that is 30
found to be in default or that has been terminated from this Compact, unless agreed 31
Enrolled HB 110 -44-
upon in writing between the Commission and the defaulting State. 1
(6) The defaulting State may appeal its termination from the Compact 2
by the Commission by petitioning the U.S. District Court for the District of Columbia 3
or the federal district where the Commission has its principal offices. The prevailing 4
member shall be awarded all costs of such litigation, including reasonable attorney's 5
fees. 6
(7) Upon the termination of a State's participation in the Compact, the 7
State shall immediately provide notice to all Licensees within that State of such 8
termination: 9
(a) Licensees who have been granted a Compact Privilege in that 10
State shall retain the Compact Privilege for one hundred eighty (180) days 11
following the effective date of such termination. 12
(b) Licensees who are licensed in that State who have been 13
granted a Compact Privilege in a Participating State shall retain the Compact 14
Privilege for one hundred eighty (180) days unless the Licensee also has a 15
Qualifying License in a Participating State or obtains a Qualifying License in a 16
Participating State before the one hundred eighty (180)-day period ends, in 17
which case the Compact Privilege shall continue. 18
(C) Dispute Resolution. 19
(1) Upon request by a Participating State, the Commission shall attempt 20
to resolve disputes related to this Compact that arise among Participating States and 21
between participating and non-Participating States. 22
(2) The Commission shall promulgate a Rule providing for both 23
mediation and binding dispute resolution for disputes as appropriate. 24
(D) Enforcement. 25
(1) The Commission, in the reasonable exercise of its discretion, shall 26
enforce the provisions of this Compact and Rules of the Commission. 27
(2) If compliance is not secured after all means to secure compliance 28
have been exhausted, by majority vote, the Commission may initiate legal action in the 29
United States District Court for the District of Columbia or the federal district where 30
the Commission has its principal offices, against a Participating State in default to 31
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enforce compliance with the provisions of this Compact and the Commission's 1
promulgated Rules and bylaws. The relief sought may include both injunctive relief and 2
damages. In the event judicial enforcement is necessary, the prevailing party shall be 3
awarded all costs of such litigation, including reasonable attorney's fees. 4
(3) The remedies herein shall not be the exclusive remedies of the 5
Commission. The Commission may pursue any other remedies available under federal 6
or State law. 7
(E) Legal Action Against the Commission. 8
(1) A Participating State may initiate legal action against the 9
Commission in the U.S. District Court for the District of Columbia or the federal district 10
where the Commission has its principal offices to enforce compliance with the 11
provisions of the Compact and its Rules. The relief sought may include both injunctive 12
relief and damages. In the event judicial enforcement is necessary, the prevailing party 13
shall be awarded all costs of such litigation, including reasonable attorney's fees. 14
(2) No person other than a Participating State shall enforce this Compact 15
against the Commission. 16
SECTION 11. DATE OF IMPLEMENTATION OF THE PA LICENSURE 17
COMPACT COMMISSION. 18
(A) This Compact shall come into effect on the date on which this Compact 19
statute is enacted into law in the seventh Participating State. 20
(1) On or after the effective date of the Compact, the Commission shall 21
convene and review the enactment of each of the States that enacted the Compact prior 22
to the Commission convening ("Charter Participating States") to determine if the statute 23
enacted by each such Charter Participating State is materially different than the Model 24
Compact. 25
(a) A Charter Participating State whose enactment is found to be 26
materially different from the Model Compact shall be entitled to the default 27
process set forth in Section 10(B). 28
(b) If any Participating State later withdraws from the Compact 29
or its participation is terminated, the Commission shall remain in existence and 30
the Compact shall remain in effect even if the number of Participating States 31
Enrolled HB 110 -46-
should be less than seven. Participating States enacting the Compact subsequent 1
to the Commission convening shall be subject to the process set forth in Section 2
7(C)(21) to determine if their enactments are materially different from the Model 3
Compact and whether they qualify for participation in the Compact. 4
(2) Participating States enacting the Compact subsequent to the seven 5
initial Charter Participating States shall be subject to the process set forth in Section 6
7(C)(21) to determine if their enactments are materially different from the Model 7
Compact and whether they qualify for participation in the Compact. 8
(3) All actions taken for the benefit of the Commission or in furtherance 9
of the purposes of the administration of the Compact prior to the effective date of the 10
Compact or the Commission coming into existence shall be considered to be actions of 11
the Commission unless specifically repudiated by the Commission. 12
(B) Any State that joins this Compact shall be subject to the Commission's Rules 13
and bylaws as they exist on the date on which this Compact becomes law in that State. 14
Any Rule that has been previously adopted by the Commission shall have the full force 15
and effect of law on the day this Compact becomes law in that State. 16
(C) Any Participating State may withdraw from this Compact by enacting a 17
statute repealing the same. 18
(1) A Participating State's withdrawal shall not take effect until one 19
hundred eighty (180) days after enactment of the repealing statute. During this one 20
hundred eighty (180)-day period, all Compact Privileges that were in effect in the 21
withdrawing State and were granted to Licensees licensed in the withdrawing State shall 22
remain in effect. If any Licensee licensed in the withdrawing State is also licensed in 23
another Participating State or obtains a license in another Participating State within the 24
one hundred eighty (180) days, the Licensee's Compact Privileges in other Participating 25
States shall not be affected by the passage of the one hundred eighty (180) days. 26
(2) Withdrawal shall not affect the continuing requirement of the State 27
Licensing Board(s) of the withdrawing State to comply with the investigative, and 28
Adverse Action reporting requirements of this Compact prior to the effective date of 29
withdrawal. 30
(3) Upon the enactment of a statute withdrawing a State from this 31
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Compact, the State shall immediately provide notice of such withdrawal to all Licensees 1
within that State. Such withdrawing State shall continue to recognize all licenses granted 2
pursuant to this Compact for a minimum of one hundred eighty (180) days after the date 3
of such notice of withdrawal. 4
(D) Nothing contained in this Compact shall be construed to invalidate or 5
prevent any PA licensure agreement or other cooperative arrangement between 6
Participating States and between a Participating State and non-Participating State that 7
does not conflict with the provisions of this Compact. 8
(E) This Compact may be amended by the Participating States. No amendment 9
to this Compact shall become effective and binding upon any Participating State until it 10
is enacted materially in the same manner into the laws of all Participating States as 11
determined by the Commission. 12
SECTION 12. CONSTRUCTION AND SEVERABILITY. 13
(A) This Compact and the Commission's rulemaking authority shall be liberally 14
construed so as to effectuate the purposes, and the implementation and administration 15
of the Compact. Provisions of the Compact expressly authorizing or requiring the 16
promulgation of Rules shall not be construed to limit the Commission's rulemaking 17
authority solely for those purposes. 18
(B) The provisions of this Compact shall be severable and if any phrase, clause, 19
sentence or provision of this Compact is held by a court of competent jurisdiction to be 20
contrary to the constitution of any Participating State, a State seeking participation in 21
the Compact, or of the United States, or the applicability thereof to any government, 22
agency, person or circumstance is held to be unconstitutional by a court of competent 23
jurisdiction, the validity of the remainder of this Compact and the applicability thereof 24
to any other government, agency, person or circumstance shall not be affected thereby. 25
(C) Notwithstanding (B) of this section or this section, the Commission may 26
deny a State's participation in the Compact or, in accordance with the requirements of 27
Section 10(B), terminate a Participating State's participation in the Compact, if it 28
determines that a constitutional requirement of a Participating State is, or would be with 29
respect to a State seeking to participate in the Compact, a material departure from the 30
Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of 31
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any Participating State, the Compact shall remain in full force and effect as to the 1
remaining Participating States and in full force and effect as to the Participating State 2
affected as to all severable matters. 3
SECTION 13. BINDING EFFECT OF COMPACT. 4
(A) Nothing herein prevents the enforcement of any other law of a Participating 5
State that is not inconsistent with this Compact. 6
(B) Any laws in a Participating State in conflict with this Compact are 7
superseded to the extent of the conflict. 8
(C) All agreements between the Commission and the Participating States are 9
binding in accordance with their terms. 10
* Sec. 7. AS 08.64.315 is amended to read: 11
Sec. 08.64.315. Fees. The department shall set fees under AS 08.01.065 for each 12
of the following: 13
(1) application; 14
(2) license by examination; 15
(3) license by endorsement or waiver of examination; 16
(4) temporary permit; 17
(5) locum tenens permit; 18
(6) license renewal, active; 19
(7) license renewal, inactive; 20
(8) license by reexamination; 21
(9) expedited license issued or renewed through the Interstate 22
Medical Licensure Compact under AS 08.64.253; 23
(10) compact privilege. 24
* Sec. 8. AS 08.86.070 is amended to read: 25
Sec. 08.86.070. Duties of the board. The board shall 26
(1) establish objective examination requirements for persons who apply 27
for a license to practice psychology in the state; 28
(2) examine, or cause to be examined, eligible license applicants; 29
(3) approve the issuance of licenses to qualified applicants; 30
(4) adopt regulations establishing standards for the practice of 31
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psychology; 1
(5) impose disciplinary sanctions as authorized by this chapter; 2
(6) adopt regulations requiring proof of continued competency for 3
license renewal; 4
(7) review, when requested by the department, the quality and 5
availability of psychological services in the state; 6
(8) compile information for submission to the department on the practice 7
of psychology by psychologists and psychological associates in the state; 8
(9) implement the Psychology Interjurisdictional Compact under 9
AS 08.86.225. 10
* Sec. 9. AS 08.86.130(a) is amended to read: 11
(a) The board shall issue a psychologist license to a person who 12
(1) holds an earned doctorate degree, from an academic institution 13
whose program of graduate study for a doctorate degree in psychology meets the criteria 14
established by the board by regulation, in 15
(A) clinical psychology; 16
(B) counseling psychology; or 17
(C) education in a field of specialization considered equivalent 18
by the board; 19
(2) has not engaged in dishonorable conduct related to the practice of 20
counseling or psychometry; 21
(3) has one year of post doctoral supervised experience approved by the 22
board; [AND] 23
(4) takes and passes the objective examination developed or approved 24
by the board; and 25
(5) has been fingerprinted and has provided the fees required by the 26
Department of Public Safety under AS 12.62.160 for criminal justice information 27
and a national criminal history record check; the fingerprints and fees shall be 28
forwarded to the Department of Public Safety to obtain a report of criminal justice 29
information under AS 12.62 and a national criminal history record check under 30
AS 12.62.400; criminal justice information and criminal history record 31
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information obtained under this paragraph may only be used by the board for the 1
purpose of determining an applicant's qualifications and fitness for a license or 2
authority to practice under this chapter. 3
* Sec. 10. AS 08.86.140(a) is amended to read: 4
(a) The department shall set fees under AS 08.01.065 for the following: 5
(1) application; 6
(2) examination; 7
(3) credential review; 8
(4) initial license; 9
(5) license renewal; 10
(6) authority to practice under AS 08.86.225. 11
* Sec. 11. AS 08.86.150 is amended to read: 12
Sec. 08.86.150. License by credentials. A person who is licensed or certified 13
as a psychologist by a licensing authority other than the state is entitled to be licensed 14
in the state without examination if the person applies on the proper application form, 15
submits proof of continued competence as required by regulation of the board, submits 16
the person's fingerprints and fees as required under (b) of this section, pays the 17
credential review fee, and the person 18
(1) holds a doctoral degree with primary emphasis on psychology that 19
satisfies the requirements of AS 08.86.130 and the examination and qualification 20
requirements for the person's out-of-state license or certificate were essentially similar 21
to or higher than the examination and qualification requirements for licensure under this 22
chapter; 23
(2) is a diplomate in good standing of the American Board of 24
Professional Psychology; or 25
(3) is certified or registered with a credentialing organization in 26
psychology approved by the board in regulation and with requirements essentially 27
similar to or higher than the requirements for licensure under this chapter. 28
* Sec. 12. AS 08.86.150 is amended by adding a new subsection to read: 29
(b) An applicant for a license by credentials shall submit to the board the 30
applicant's fingerprints and the fees required by the Department of Public Safety under 31
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AS 12.62.160 for criminal justice information and a national criminal history record 1
check. The board shall forward the fingerprints and fees to the Department of Public 2
Safety to obtain a report of criminal justice information under AS 12.62 and a national 3
criminal history record check under AS 12.62.400. Criminal justice information and 4
criminal history record information obtained under this subsection may only be used by 5
the board for the purpose of determining an applicant's qualifications and fitness for a 6
license or authority to practice under this chapter. 7
* Sec. 13. AS 08.86 is amended by adding a new section to read: 8
Article 5A. Psychology Interjurisdictional Compact. 9
Sec. 08.86.225. Compact enacted. The Psychology Interjurisdictional Compact 10
as contained in this section is enacted into law and entered into on behalf of the state 11
with all other states and jurisdictions legally joining it in a form substantially as follows: 12
ARTICLE I. PURPOSE. 13
Whereas, states license psychologists, in order to protect the public through 14
verification of education, training and experience and ensure accountability for 15
professional practice; and 16
Whereas, this Compact is intended to regulate the day to day practice of 17
telepsychology (i.e. the provision of psychological services using telecommunication 18
technologies) by psychologists across state boundaries in the performance of their 19
psychological practice as assigned by an appropriate authority; and 20
Whereas, this Compact is intended to regulate the temporary in-person, face-to-21
face practice of psychology by psychologists across state boundaries for 30 days within 22
a calendar year in the performance of their psychological practice as assigned by an 23
appropriate authority; 24
Whereas, this Compact is intended to authorize State Psychology Regulatory 25
Authorities to afford legal recognition, in a manner consistent with the terms of the 26
Compact, to psychologists licensed in another state; 27
Whereas, this Compact recognizes that states have a vested interest in protecting 28
the public's health and safety through their licensing and regulation of psychologists and 29
that such state regulation will best protect public health and safety; 30
Whereas, this Compact does not apply when a psychologist is licensed in both 31
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the home and Receiving States; and 1
Whereas, this Compact does not apply to permanent in-person, face-to-face 2
practice, it does allow for authorization of temporary psychological practice. 3
Consistent with these principles, this Compact is designed to achieve the 4
following purposes and objectives: 5
(1) Increase public access to professional psychological services by 6
allowing for telepsychological practice across state lines as well as temporary in-person, 7
face-to-face services in a state which the psychologist is not licensed to practice 8
psychology; 9
(2) Enhance the states' ability to protect the public's health and safety, 10
especially client/patient safety; 11
(3) Encourage the cooperation of Compact States in the areas of 12
psychology licensure and regulation; 13
(4) Facilitate the exchange of information between Compact States 14
regarding psychologist licensure, adverse actions and disciplinary history; 15
(5) Promote compliance with the laws governing psychological practice 16
in each Compact State; and 17
(6) Invest all Compact States with the authority to hold licensed 18
psychologists accountable through the mutual recognition of Compact State licenses. 19
ARTICLE II. DEFINITIONS. 20
As used in this Compact, unless the context clearly requires a different construction, 21
(A) "Adverse Action" means: any action taken by a State Psychology 22
Regulatory Authority which finds a violation of a statute or regulation that is identified 23
by the State Psychology Regulatory Authority as discipline and is a matter of public 24
record; 25
(B) "Association of State and Provincial Psychology Boards" means: the 26
recognized membership organization composed of State and Provincial Psychology 27
Regulatory Authorities responsible for the licensure and registration of psychologists 28
throughout the United States and Canada; 29
(C) "Authority to Practice Interjurisdictional Telepsychology" means: a 30
licensed psychologist's authority to practice telepsychology, within the limits authorized 31
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under this Compact, in another Compact State; 1
(D) "Bylaws" means: those Bylaws established by the Psychology 2
Interjurisdictional Compact Commission pursuant to Article X for its governance, or for 3
directing and controlling its actions and conduct; 4
(E) "Client/Patient" means: the recipient of psychological services, 5
whether psychological services are delivered in the context of healthcare, corporate, 6
supervision, and/or consulting services; 7
(F) "Commissioner" means: the voting representative appointed by each 8
State Psychology Regulatory Authority pursuant to Article X; 9
(G) "Compact State" means: a state, the District of Columbia, or United 10
States territory that has enacted this Compact legislation and which has not withdrawn 11
pursuant to Article XIII(C) or been terminated pursuant to Article XII(B); 12
(H) "Confidentiality" means: the principle that data or information is not 13
made available or disclosed to unauthorized persons and/or processes; 14
(I) " Coordinated Licensure Information System" and "Coordinated 15
Database" mean: an integrated process for collecting, storing, and sharing information 16
on psychologists' licensure and enforcement activities related to psychology licensure 17
laws, which is administered by the recognized membership organization composed of 18
state and provincial psychology regulatory authorities; 19
(J) "Day" means: any part of a day in which psychological work is 20
performed; 21
(K) "Distant State" means: the Compact State where a psychologist is 22
physically present (not through the use of telecommunications technologies), to provide 23
temporary in-person, face-to-face psychological services; 24
(L) "E.Passport" means: a certificate issued by the Association of State 25
and Provincial Psychology Boards that promotes the standardization in the criteria of 26
interjurisdictional telepsychology practice and facilitates the process for licensed 27
psychologists to provide telepsychological services across state lines; 28
(M) "Executive Board" means: a group of directors elected or appointed 29
to act on behalf of, and within the powers granted to them by, the Commission; 30
(N) "Home State" means: a Compact State where a psychologist is 31
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licensed to practice psychology; if the psychologist is licensed in more than one 1
Compact State and is practicing under the Authorization to Practice Interjurisdictional 2
Telepsychology, the Home State is the Compact State where the psychologist is 3
physically present when the telepsychological services are delivered, or if the 4
psychologist is licensed in more than one Compact State and is practicing under the 5
Temporary Authorization to Practice, the Home State is any Compact State where the 6
psychologist is licensed; 7
(O) "Identity History Summary" means: a summary of information 8
retained by the Federal Bureau of Investigation, or other designee with similar authority, 9
in connection with arrests and, in some instances, federal employment, naturalization, 10
or military service; 11
(P) "In-person, Face-to-Face" means: interactions in which the 12
psychologist and the client/patient are in the same physical space and which does not 13
include interactions that may occur through the use of telecommunication technologies; 14
(Q) "Interjurisdictional Practice Certificate" and "IPC" mean: a 15
certificate issued by the Association of State and Provincial Psychology Boards that 16
grants temporary authority to practice based on notification to the State Psychology 17
Regulatory Authority of intention to practice temporarily, and verification of one's 18
qualifications for such practice; 19
(R) "License" means: authorization by a State Psychology Regulatory 20
Authority to engage in the independent practice of psychology, which would be 21
unlawful without the authorization; 22
(S) "Non-Compact State" means: any state which is not at the time a 23
Compact State; 24
(T) "Psychologist" means: an individual licensed for the independent 25
practice of psychology; 26
(U) "Psychology Interjurisdictional Compact Commission" and 27
"Commission" mean: the national administration of which all Compact States are 28
members; 29
(V) "Receiving State" means: a Compact State where the client/patient 30
is physically located when the telepsychological services are delivered; 31
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(W) "Rule" means: a written statement by the Psychology 1
Interjurisdictional Compact Commission promulgated pursuant to Article XI of the 2
Compact that is of general applicability, implements, interprets, or prescribes a policy 3
or provision of the Compact, or an organizational, procedural, or practice requirement 4
of the Commission and has the force and effect of statutory law in a Compact State, and 5
includes the amendment, repeal or suspension of an existing Rule; 6
(X) "Significant Investigatory Information" means: 7
(1) investigative information that a State Psychology Regulatory 8
Authority, after a preliminary inquiry that includes notification and an 9
opportunity to respond if required by state law, has reason to believe, if proven 10
true, would indicate more than a violation of state statute or ethics code that 11
would be considered more substantial than a minor infraction; or 12
(2) investigative information that indicates that the psychologist 13
represents an immediate threat to public health and safety regardless of whether 14
the psychologist has been notified and/or had an opportunity to respond; 15
(Y) "State" means: a state, commonwealth, territory, or possession of 16
the United States, or the District of Columbia; 17
(Z) "State Psychology Regulatory Authority" means: the board, office 18
or other agency with the legislative mandate to license and regulate the practice of 19
psychology; 20
(AA) "Telepsychology" means: the provision of psychological services 21
using telecommunication technologies; 22
(BB) "Temporary Authorization to Practice" means: a licensed 23
psychologist's authority to conduct temporary in-person, face-to-face practice, within 24
the limits authorized under this Compact, in another Compact State; 25
(CC) "Temporary In-Person, Face-to-Face Practice" means: where a 26
psychologist is physically present (not through the use of telecommunications 27
technologies), in the Distant State to provide for the practice of psychology for 30 days 28
within a calendar year and based on notification to the Distant State. 29
ARTICLE III. HOME STATE LICENSURE. 30
(A) The Home State shall be a Compact State where a psychologist is licensed 31
Enrolled HB 110 -56-
to practice psychology. 1
(B) A psychologist may hold one or more Compact State licenses at a time. If 2
the psychologist is licensed in more than one Compact State, the Home State is the 3
Compact State where the psychologist is physically present when the services are 4
delivered as authorized by the Authority to Practice Interjurisdictional Telepsychology 5
under the terms of this Compact. 6
(C) Any Compact State may require a psychologist not previously licensed in a 7
Compact State to obtain and retain a license to be authorized to practice in the Compact 8
State under circumstances not authorized by the Authority to Practice Interjurisdictional 9
Telepsychology under the terms of this Compact. 10
(D) Any Compact State may require a psychologist to obtain and retain a license 11
to be authorized to practice in a Compact State under circumstances not authorized by 12
Temporary Authorization to Practice under the terms of this Compact. 13
(E) A Home State's license authorizes a psychologist to practice in a Receiving 14
State under the Authority to Practice Interjurisdictional Telepsychology only if the 15
Compact State: 16
(1) Currently requires the psychologist to hold an active E.Passport; 17
(2) Has a mechanism in place for receiving and investigating complaints 18
about licensed individuals; 19
(3) Notifies the Commission, in compliance with the terms herein, of 20
any adverse action or significant investigatory information regarding a licensed 21
individual; 22
(4) Requires an Identity History Summary of all applicants at initial 23
licensure, including the use of the results of fingerprints or other biometric data checks 24
compliant with the requirements of the Federal Bureau of Investigation, or other 25
designee with similar authority, no later than ten years after activation of the Compact; 26
and 27
(5) Complies with the Bylaws and Rules of the Commission. 28
(F) A Home State's license grants Temporary Authorization to Practice to a 29
psychologist in a Distant State only if the Compact State: 30
(1) Currently requires the psychologist to hold an active IPC; 31
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(2) Has a mechanism in place for receiving and investigating complaints 1
about licensed individuals; 2
(3) Notifies the Commission, in compliance with the terms herein, of 3
any adverse action or significant investigatory information regarding a licensed 4
individual; 5
(4) Requires an Identity History Summary of all applicants at initial 6
licensure, including the use of the results of fingerprints or other biometric data checks 7
compliant with the requirements of the Federal Bureau of Investigation, or other 8
designee with similar authority, no later than ten years after activation of the Compact; 9
and 10
(5) Complies with the Bylaws and Rules of the Commission. 11
ARTICLE IV. COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY. 12
(A) Compact States shall recognize the right of a psychologist, licensed in a 13
Compact State in conformance with Article III, to practice telepsychology in other 14
Compact States (Receiving States) in which the psychologist is not licensed, under the 15
Authority to Practice Interjurisdictional Telepsychology as provided in the Compact. 16
(B) To exercise the Authority to Practice Interjurisdictional Telepsychology 17
under the terms and provisions of this Compact, a psychologist licensed to practice in a 18
Compact State must: 19
(1) Hold a graduate degree in psychology from an institute of higher 20
education that was, at the time the degree was awarded: 21
(a) Regionally accredited by an accrediting body recognized by 22
the United States Department of Education to grant graduate degrees, or 23
authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or 24
(b) A foreign college or university deemed to be equivalent to 25
(B)(1)(a) of this Article by a foreign credential evaluation service that is a 26
member of the National Association of Credential Evaluation Services or by a 27
recognized foreign credential evaluation service; and 28
(2) Hold a graduate degree in psychology that meets the following 29
criteria: 30
(a) The program, wherever it may be administratively housed, 31
Enrolled HB 110 -58-
must be clearly identified and labeled as a psychology program. Such a program 1
must specify in pertinent institutional catalogues and brochures its intent to 2
educate and train professional psychologists; 3
(b) The psychology program must stand as a recognizable, 4
coherent, organizational entity within the institution; 5
(c) There must be a clear authority and primary responsibility for 6
the core and specialty areas whether or not the program cuts across 7
administrative lines; 8
(d) The program must consist of an integrated, organized 9
sequence of study; 10
(e) There must be an identifiable psychology faculty sufficient 11
in size and breadth to carry out its responsibilities; 12
(f) The designated director of the program must be a 13
psychologist and a member of the core faculty; 14
(g) The program must have an identifiable body of students who 15
are matriculated in that program for a degree; 16
(h) The program must include supervised practicum, internship, 17
or field training appropriate to the practice of psychology; 18
(i) The curriculum shall encompass a minimum of three 19
academic years of full-time graduate study for doctoral degree and a minimum 20
of one academic year of full-time graduate study for master's degree; 21
(j) The program includes an acceptable residency as defined by 22
the Rules of the Commission. 23
(3) Possess a current, full and unrestricted license to practice psychology 24
in a Home State which is a Compact State; 25
(4) Have no history of adverse action that violate the Rules of the 26
Commission; 27
(5) Have no criminal record history reported on an Identity History 28
Summary that violates the Rules of the Commission; 29
(6) Possess a current, active E.Passport; 30
(7) Provide attestations in regard to areas of intended practice, 31
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conformity with standards of practice, competence in telepsychology technology; 1
criminal background; and knowledge and adherence to legal requirements in the Home 2
and Receiving States, and provide a release of information to allow for primary source 3
verification in a manner specified by the Commission; and 4
(8) Meet other criteria as defined by the Rules of the Commission. 5
(C) The Home State maintains authority over the license of any psychologist 6
practicing in a Receiving State under the Authority to Practice Interjurisdictional 7
Telepsychology. 8
(D) A psychologist practicing in a Receiving State under the Authority to 9
Practice Interjurisdictional Telepsychology will be subject to the Receiving State's 10
scope of practice. A Receiving State may, in accordance with that state's due process 11
law, limit or revoke a psychologist's Authority to Practice Interjurisdictional 12
Telepsychology in the Receiving State and may take any other necessary actions under 13
the Receiving State's applicable law to protect the health and safety of the Receiving 14
State's citizens. If a Receiving State takes action, the state shall promptly notify the 15
Home State and the Commission. 16
(E) If a psychologist's license in any Home State, another Compact State, or any 17
Authority to Practice Interjurisdictional Telepsychology in any Receiving State, is 18
restricted, suspended or otherwise limited, the E.Passport shall be revoked and therefore 19
the psychologist shall not be eligible to practice telepsychology in a Compact State 20
under the Authority to Practice Interjurisdictional Telepsychology. 21
ARTICLE V. COMPACT TEMPORARY AUTHORIZATION TO PRACTICE. 22
(A) Compact States shall also recognize the right of a psychologist, licensed in 23
a Compact State in conformance with Article III, to practice temporarily in other 24
Compact States (Distant States) in which the psychologist is not licensed, as provided 25
in the Compact. 26
(B) To exercise the Temporary Authorization to Practice under the terms and 27
provisions of this Compact, a psychologist licensed to practice in a Compact State must: 28
(1) Hold a graduate degree in psychology from an institute of higher 29
education that was, at the time the degree was awarded: 30
(a) Regionally accredited by an accrediting body recognized by 31
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the United States Department of Education to grant graduate degrees, or 1
authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or 2
(b) A foreign college or university deemed to be equivalent to 3
(B)(1)(a) of this Article by a foreign credential evaluation service that is a 4
member of the National Association of Credential Evaluation Services or by a 5
recognized foreign credential evaluation service; and 6
(2) Hold a graduate degree in psychology that meets the following 7
criteria: 8
(a) The program, wherever it may be administratively housed, 9
must be clearly identified and labeled as a psychology program. Such a program 10
must specify in pertinent institutional catalogues and brochures its intent to 11
educate and train professional psychologists; 12
(b) The psychology program must stand as a recognizable, 13
coherent, organizational entity within the institution; 14
(c) There must be a clear authority and primary responsibility for 15
the core and specialty areas whether or not the program cuts across 16
administrative lines; 17
(d) The program must consist of an integrated, organized 18
sequence of study; 19
(e) There must be an identifiable psychology faculty sufficient 20
in size and breadth to carry out its responsibilities; 21
(f) The designated director of the program must be a 22
psychologist and a member of the core faculty; 23
(g) The program must have an identifiable body of students who 24
are matriculated in that program for a degree; 25
(h) The program must include supervised practicum, internship, 26
or field training appropriate to the practice of psychology; 27
(i) The curriculum shall encompass a minimum of three 28
academic years of full-time graduate study for doctoral degrees and a minimum 29
of one academic year of full-time graduate study for master's degree; 30
(j) The program includes an acceptable residency as defined by 31
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the Rules of the Commission. 1
(3) Possess a current, full and unrestricted license to practice psychology 2
in a Home State which is a Compact State; 3
(4) No history of adverse action that violate the Rules of the 4
Commission; 5
(5) No criminal record history that violates the Rules of the 6
Commission; 7
(6) Possess a current, active IPC; 8
(7) Provide attestations in regard to areas of intended practice and work 9
experience and provide a release of information to allow for primary source verification 10
in a manner specified by the Commission; and 11
(8) Meet other criteria as defined by the Rules of the Commission. 12
(C) A psychologist practicing in a Distant State under the Temporary 13
Authorization to Practice shall practice within the scope of practice authorized by the 14
Distant State. 15
(D) A psychologist practicing in a Distant State under the Temporary 16
Authorization to Practice will be subject to the Distant State's authority and law. A 17
Distant State may, in accordance with that state's due process law, limit or revoke a 18
psychologist's Temporary Authorization to Practice in the Distant State and may take 19
any other necessary actions under the Distant State's applicable law to protect the health 20
and safety of the Distant State's citizens. If a Distant State takes action, the state shall 21
promptly notify the Home State and the Commission. 22
(E) If a psychologist's license in any Home State, another Compact State, or any 23
Temporary Authorization to Practice in any Distant State, is restricted, suspended or 24
otherwise limited, the IPC shall be revoked and therefore the psychologist shall not be 25
eligible to practice in a Compact State under the Temporary Authorization to Practice. 26
ARTICLE VI. CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING 27
STATE. 28
(A) A psychologist may practice in a Receiving State under the Authority to 29
Practice Interjurisdictional Telepsychology only in the performance of the scope of 30
practice for psychology as assigned by an appropriate State Psychology Regulatory 31
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Authority, as defined in the Rules of the Commission, and under the following 1
circumstances: 2
(1) The psychologist initiates a client/patient contact in a Home State 3
via telecommunications technologies with a client/patient in a Receiving State; 4
(2) Other conditions regarding telepsychology as determined by Rules 5
promulgated by the Commission. 6
ARTICLE VII. ADVERSE ACTIONS. 7
(A) A Home State shall have the power to impose adverse action against a 8
psychologist's license issued by the Home State. A Distant State shall have the power 9
to take adverse action on a psychologist's Temporary Authorization to Practice within 10
that Distant State. 11
(B) A Receiving State may take adverse action on a psychologist's Authority to 12
Practice Interjurisdictional Telepsychology within that Receiving State. A Home State 13
may take adverse action against a psychologist based on an adverse action taken by a 14
Distant State regarding temporary in-person, face-to-face practice. 15
(C) If a Home State takes adverse action against a psychologist's license, that 16
psychologist's Authority to Practice Interjurisdictional Telepsychology is terminated 17
and the E.Passport is revoked. Furthermore, that psychologist's Temporary 18
Authorization to Practice is terminated and the IPC is revoked. 19
(1) All Home State disciplinary orders which impose adverse action 20
shall be reported to the Commission in accordance with the Rules promulgated by the 21
Commission. A Compact State shall report adverse actions in accordance with the Rules 22
of the Commission. 23
(2) In the event discipline is reported on a psychologist, the psychologist 24
will not be eligible for telepsychology or temporary in-person, face-to-face practice in 25
accordance with the Rules of the Commission. 26
(3) Other actions may be imposed as determined by the Rules 27
promulgated by the Commission. 28
(D) A Home State's psychology regulatory authority shall investigate and take 29
appropriate action with respect to reported inappropriate conduct engaged in by a 30
licensee which occurred in a Receiving State as it would if such conduct had occurred 31
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by a licensee within the Home State. In such cases, the Home State's law shall control 1
in determining any adverse action against a psychologist's license. 2
(E) A Distant State's psychology regulatory authority shall investigate and take 3
appropriate action with respect to reported inappropriate conduct engaged in by a 4
psychologist practicing under temporary authorization practice which occurred in that 5
Distant State as it would if such conduct had occurred by a licensee within the Home 6
State. In such cases, Distant State's law shall control in determining any adverse action 7
against a psychologist's Temporary Authorization to Practice. 8
(F) Nothing in this Compact shall override a Compact State's decision that a 9
psychologist's participation in an alternative program may be used in lieu of adverse 10
action and that such participation shall remain non-public if required by the Compact 11
State's law. Compact States must require psychologists who enter any alternative 12
programs to not provide telepsychology services under the Authority to Practice 13
Interjurisdictional Telepsychology or provide temporary psychological services under 14
the Temporary Authorization to Practice in any other Compact State during the term of 15
the alternative program. 16
(G) No other judicial or administrative remedies shall be available to a 17
psychologist in the event a Compact State imposes an adverse action pursuant to (C) of 18
this Article. 19
ARTICLE VIII. ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S 20
PSYCHOLOGY REGULATORY AUTHORITY. 21
(A) In addition to any other powers granted under state law, a Compact State's 22
psychology regulatory authority shall have the authority under this Compact to: 23
(1) Issue subpoenas, for both hearings and investigations, which require 24
the attendance and testimony of witnesses and the production of evidence. Subpoenas 25
issued by a Compact State's psychology regulatory authority for the attendance and 26
testimony of witnesses, and/or the production of evidence from another Compact State 27
shall be enforced in the latter state by any court of competent jurisdiction, according to 28
that court's practice and procedure in considering subpoenas issued in its own 29
proceedings. The issuing State Psychology Regulatory Authority shall pay any witness 30
fees, travel expenses, mileage and other fees required by the service statutes of the state 31
Enrolled HB 110 -64-
where the witnesses and/or evidence are located; and 1
(2) Issue cease and desist and/or injunctive relief orders to revoke a 2
psychologist's Authority to Practice Interjurisdictional Telepsychology and/or 3
Temporary Authorization to Practice. 4
(3) During the course of any investigation, a psychologist may not 5
change his/her Home State licensure. A Home State Psychology Regulatory Authority 6
is authorized to complete any pending investigations of a psychologist and to take any 7
actions appropriate under its law. The Home State Psychology Regulatory Authority 8
shall promptly report the conclusions of such investigations to the Commission. Once 9
an investigation has been completed, and pending the outcome of said investigation, the 10
psychologist may change his/her Home State licensure. The Commission shall promptly 11
notify the new Home State of any such decisions as provided in the Rules of the 12
Commission. All information provided to the Commission or distributed by Compact 13
States pursuant to the psychologist shall be confidential, filed under seal and used for 14
investigatory or disciplinary matters. The Commission may create additional Rules for 15
mandated or discretionary sharing of information by Compact States. 16
ARTICLE IX. COORDINATED LICENSURE INFORMATION SYSTEM. 17
(A) The Commission shall provide for the development and maintenance of a 18
coordinated licensure information system (coordinated database) and reporting system 19
containing licensure and disciplinary action information on all licensees to whom this 20
Compact is applicable in all Compact States as defined by the Rules of the Commission. 21
(B) Notwithstanding any other provision of state law to the contrary, a Compact 22
State shall submit a uniform data set to the coordinated database on all licensees as 23
required by the Rules of the Commission, including: 24
(1) Identifying information; 25
(2) Licensure data; 26
(3) Significant investigatory information; 27
(4) Adverse actions against a psychologist's license; 28
(5) An indicator that a psychologist's Authority to Practice 29
Interjurisdictional Telepsychology and/or Temporary Authorization to Practice is 30
revoked; 31
-65- Enrolled HB 110
(6) Non-confidential information related to alternative program 1
participation information; 2
(7) Any denial of application for licensure, and the reasons for such 3
denial; and 4
(8) Other information which may facilitate the administration of this 5
Compact, as determined by the Rules of the Commission. 6
(C) The coordinated database administrator shall promptly notify all Compact 7
States of any adverse action taken against, or significant investigative information on, 8
any licensee in a Compact State. 9
(D) Compact States reporting information to the coordinated database may 10
designate information that may not be shared with the public without the express 11
permission of the Compact State reporting the information. 12
(E) Any information submitted to the coordinated database that is subsequently 13
required to be expunged by the law of the Compact State reporting the information shall 14
be removed from the coordinated database. 15
ARTICLE X. ESTABLISHMENT OF THE PSYCHOLOGY 16
INTERJURISDICTIONAL COMPACT COMMISSION. 17
(A) The Compact States hereby create and establish a joint public agency known 18
as the Psychology Interjurisdictional Compact Commission. 19
(1) The Commission is a body politic and an instrumentality of the 20
Compact States. 21
(2) Venue is proper and judicial proceedings by or against the 22
Commission shall be brought solely and exclusively in a court of competent jurisdiction 23
where the principal office of the Commission is located. The Commission may waive 24
venue and jurisdictional defenses to the extent it adopts or consents to participate in 25
alternative dispute resolution proceedings. 26
(3) Nothing in this Compact shall be construed to be a waiver of 27
sovereign immunity. 28
(B) Membership, Voting, and Meetings. 29
(1) The Commission shall consist of one voting representative appointed 30
by each Compact State who shall serve as that state's commissioner. The State 31
Enrolled HB 110 -66-
Psychology Regulatory Authority shall appoint its delegate. This delegate shall be 1
empowered to act on behalf of the Compact State. This delegate shall be limited to: 2
(a) Executive director, executive secretary or similar executive; 3
(b) Current member of the State Psychology Regulatory 4
Authority of a Compact State; or 5
(c) Designee empowered with the appropriate delegate authority 6
to act on behalf of the Compact State. 7
(2) Any commissioner may be removed or suspended from office as 8
provided by the law of the state from which the commissioner is appointed. Any 9
vacancy occurring in the commission shall be filled in accordance with the laws of the 10
Compact State in which the vacancy exists. 11
(3) Each commissioner shall be entitled to one (1) vote with regard to 12
the promulgation of Rules and creation of Bylaws and shall otherwise have an 13
opportunity to participate in the business and affairs of the Commission. A 14
commissioner shall vote in person or by such other means as provided in the Bylaws. 15
The Bylaws may provide for commissioners' participation in meetings by telephone or 16
other means of communication. 17
(4) The Commission shall meet at least once during each calendar year. 18
Additional meetings shall be held as set forth in the Bylaws. 19
(5) All meetings shall be open to the public, and public notice of 20
meetings shall be given in the same manner as required under the rulemaking provisions 21
in Article XI. 22
(6) The Commission may convene in a closed, non-public meeting if the 23
Commission must discuss: 24
(a) Non-compliance of a Compact State with its obligations 25
under the Compact; 26
(b) The employment, compensation, discipline or other 27
personnel matters, practices or procedures related to specific employees or other 28
matters related to the Commission's internal personnel practices and procedures; 29
(c) Current, threatened, or reasonably anticipated litigation 30
against the Commission; 31
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(d) Negotiation of contracts for the purchase or sale of goods, 1
services or real estate; 2
(e) Accusation against any person of a crime or formally 3
censuring any person; 4
(f) Disclosure of trade secrets or commercial or financial 5
information which is privileged or confidential; 6
(g) Disclosure of information of a personal nature where 7
disclosure would constitute a clearly unwarranted invasion of personal privacy; 8
(h) Disclosure of investigatory records compiled for law 9
enforcement purposes; 10
(i) Disclosure of information related to any investigatory reports 11
prepared by or on behalf of or for use of the Commission or other committee 12
charged with responsibility for investigation or determination of compliance 13
issues pursuant to the Compact; or 14
(j) Matters specifically exempted from disclosure by federal and 15
state statute. 16
(7) If a meeting, or portion of a meeting, is closed pursuant to this 17
provision, the Commission's legal counsel or designee shall certify that the meeting may 18
be closed and shall reference each relevant exempting provision. The Commission shall 19
keep minutes which fully and clearly describe all matters discussed in a meeting and 20
shall provide a full and accurate summary of actions taken, of any person participating 21
in the meeting, and the reasons therefore, including a description of the views expressed. 22
All documents considered in connection with an action shall be identified in such 23
minutes. All minutes and documents of a closed meeting shall remain under seal, subject 24
to release only by a majority vote of the Commission or order of a court of competent 25
jurisdiction. 26
(C) The Commission shall, by a majority vote of the commissioners, prescribe 27
Bylaws and/or Rules to govern its conduct as may be necessary or appropriate to carry 28
out the purposes and exercise the powers of the Compact, including but not limited to: 29
(1) Establishing the fiscal year of the Commission; 30
(2) Providing reasonable standards and procedures: 31
Enrolled HB 110 -68-
(a) for the establishment and meetings of other committees; and 1
(b) governing any general or specific delegation of any authority 2
or function of the Commission; 3
(3) Providing reasonable procedures for calling and conducting 4
meetings of the Commission, ensuring reasonable advance notice of all meetings and 5
providing an opportunity for attendance of such meetings by interested parties, with 6
enumerated exceptions designed to protect the public's interest, the privacy of 7
individuals of such proceedings, and proprietary information, including trade secrets. 8
The Commission may meet in closed session only after a majority of the commissioners 9
vote to close a meeting to the public in whole or in part. As soon as practicable, the 10
Commission must make public a copy of the vote to close the meeting revealing the 11
vote of each commissioner with no proxy votes allowed; 12
(4) Establishing the titles, duties and authority and reasonable 13
procedures for the election of the officers of the Commission; 14
(5) Providing reasonable standards and procedures for the establishment 15
of the personnel policies and programs of the Commission. Notwithstanding any civil 16
service or other similar law of any Compact State, the Bylaws shall exclusively govern 17
the personnel policies and programs of the Commission; 18
(6) Promulgating a Code of Ethics to address permissible and prohibited 19
activities of Commission members and employees; 20
(7) Providing a mechanism for concluding the operations of the 21
Commission and the equitable disposition of any surplus funds that may exist after the 22
termination of the Compact after the payment and/or reserving of all of its debts and 23
obligations; 24
(8) The Commission shall publish its Bylaws in a convenient form and 25
file a copy thereof and a copy of any amendment thereto, with the appropriate agency 26
or officer in each of the Compact States; 27
(9) The Commission shall maintain its financial records in accordance 28
with the Bylaws; and 29
(10) The Commission shall meet and take such actions as are consistent 30
with the provisions of this Compact and the Bylaws. 31
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(D) The Commission shall have the following powers: 1
(1) The authority to promulgate uniform Rules to facilitate and 2
coordinate implementation and administration of this Compact. The Rules shall have 3
the force and effect of law and shall be binding in all Compact States; 4
(2) To bring and prosecute legal proceedings or actions in the name of 5
the Commission, provided that the standing of any State Psychology Regulatory 6
Authority or other regulatory body responsible for psychology licensure to sue or be 7
sued under applicable law shall not be affected; 8
(3) To purchase and maintain insurance and bonds; 9
(4) To borrow, accept or contract for services of personnel, including, 10
but not limited to, employees of a Compact State; 11
(5) To hire employees, elect or appoint officers, fix compensation, 12
define duties, grant such individuals appropriate authority to carry out the purposes of 13
the Compact, and to establish the Commission's personnel policies and programs 14
relating to conflicts of interest, qualifications of personnel, and other related personnel 15
matters; 16
(6) To accept any and all appropriate donations and grants of money, 17
equipment, supplies, materials and services, and to receive, utilize and dispose of the 18
same; provided that at all times the Commission shall strive to avoid any appearance of 19
impropriety and/or conflict of interest; 20
(7) To lease, purchase, accept appropriate gifts or donations of, or 21
otherwise to own, hold, improve or use, any property, real, personal or mixed; provided 22
that at all times the Commission shall strive to avoid any appearance of impropriety; 23
(8) To sell, convey, mortgage, pledge, lease, exchange, abandon or 24
otherwise dispose of any property real, personal or mixed; 25
(9) To establish a budget and make expenditures; 26
(10) To borrow money; 27
(11) To appoint committees, including advisory committees comprised 28
of members, state regulators, state legislators or their representatives, and consumer 29
representatives, and such other interested persons as may be designated in this Compact 30
and the Bylaws; 31
Enrolled HB 110 -70-
(12) To provide and receive information from, and to cooperate with, 1
law enforcement agencies; 2
(13) To adopt and use an official seal; and 3
(14) To perform such other functions as may be necessary or appropriate 4
to achieve the purposes of this Compact consistent with the state regulation of 5
psychology licensure, temporary in-person, face-to-face practice and telepsychology 6
practice. 7
(E) The Executive Board. 8
The elected officers shall serve as the Executive Board, which shall have 9
the power to act on behalf of the Commission according to the terms of this Compact. 10
(1) The Executive Board shall be comprised of six members: 11
(a) Five voting members who are elected from the current 12
membership of the Commission by the Commission; 13
(b) One ex-officio, nonvoting member from the recognized 14
membership organization composed of state and provincial psychology 15
regulatory authorities. 16
(2) The ex-officio member must have served as staff or member on a 17
State Psychology Regulatory Authority and will be selected by its respective 18
organization. 19
(3) The Commission may remove any member of the Executive Board 20
as provided in Bylaws. 21
(4) The Executive Board shall meet at least annually. 22
(5) The Executive Board shall have the following duties and 23
responsibilities: 24
(a) Recommend to the entire Commission changes to the Rules 25
or Bylaws, changes to this Compact legislation, fees paid by Compact States 26
such as annual dues, and any other applicable fees; 27
(b) Ensure Compact administration services are appropriately 28
provided, contractual or otherwise; 29
(c) Prepare and recommend the budget; 30
(d) Maintain financial records on behalf of the Commission; 31
-71- Enrolled HB 110
(e) Monitor Compact compliance of member states and provide 1
compliance reports to the Commission; 2
(f) Establish additional committees as necessary; and 3
(g) Other duties as provided in Rules or Bylaws. 4
(F) Financing of the Commission. 5
(1) The Commission shall pay, or provide for the payment of the 6
reasonable expenses of its establishment, organization and ongoing activities. 7
(2) The Commission may accept any and all appropriate revenue 8
sources, donations and grants of money, equipment, supplies, materials and services. 9
(3) The Commission may levy on and collect an annual assessment from 10
each Compact State or impose fees on other parties to cover the cost of the operations 11
and activities of the Commission and its staff which must be in a total amount sufficient 12
to cover its annual budget as approved each year for which revenue is not provided by 13
other sources. The aggregate annual assessment amount shall be allocated based upon a 14
formula to be determined by the Commission which shall promulgate a Rule binding 15
upon all Compact States. 16
(4) The Commission shall not incur obligations of any kind prior to 17
securing the funds adequate to meet the same; nor shall the Commission pledge the 18
credit of any of the Compact States, except by and with the authority of the Compact 19
State. 20
(5) The Commission shall keep accurate accounts of all receipts and 21
disbursements. The receipts and disbursements of the Commission shall be subject to 22
the audit and accounting procedures established under its Bylaws. However, all receipts 23
and disbursements of funds handled by the Commission shall be audited yearly by a 24
certified or licensed public accountant and the report of the audit shall be included in 25
and become part of the annual report of the Commission. 26
(G) Qualified Immunity, Defense, and Indemnification. 27
(1) The members, officers, Executive Director, employees and 28
representatives of the Commission shall be immune from suit and liability, either 29
personally or in their official capacity, for any claim for damage to or loss of property 30
or personal injury or other civil liability caused by or arising out of any actual or alleged 31
Enrolled HB 110 -72-
act, error or omission that occurred, or that the person against whom the claim is made 1
had a reasonable basis for believing occurred within the scope of Commission 2
employment, duties or responsibilities; provided that nothing in this paragraph shall be 3
construed to protect any such person from suit and/or liability for any damage, loss, 4
injury or liability caused by the intentional or willful or wanton misconduct of that 5
person. 6
(2) The Commission shall defend any member, officer, Executive 7
Director, employee or representative of the Commission in any civil action seeking to 8
impose liability arising out of any actual or alleged act, error or omission that occurred 9
within the scope of Commission employment, duties or responsibilities, or that the 10
person against whom the claim is made had a reasonable basis for believing occurred 11
within the scope of Commission employment, duties or responsibilities; provided that 12
nothing herein shall be construed to prohibit that person from retaining his or her own 13
counsel; and provided further, that the actual or alleged act, error or omission did not 14
result from that person's intentional or willful or wanton misconduct. 15
(3) The Commission shall indemnify and hold harmless any member, 16
officer, Executive Director, employee or representative of the Commission for the 17
amount of any settlement or judgment obtained against that person arising out of any 18
actual or alleged act, error or omission that occurred within the scope of Commission 19
employment, duties or responsibilities, or that such person had a reasonable basis for 20
believing occurred within the scope of Commission employment, duties or 21
responsibilities, provided that the actual or alleged act, error or omission did not result 22
from the intentional or willful or wanton misconduct of that person. 23
ARTICLE XI. RULEMAKING. 24
(A) The Commission shall exercise its rulemaking powers pursuant to the 25
criteria set forth in this Article and the Rules adopted thereunder. Rules and amendments 26
shall become binding as of the date specified in each Rule or amendment. 27
(B) If a majority of the legislatures of the Compact States rejects a Rule, by 28
enactment of a statute or resolution in the same manner used to adopt the Compact, then 29
such Rule shall have no further force and effect in any Compact State. 30
(C) Rules or amendments to the Rules shall be adopted at a regular or special 31
-73- Enrolled HB 110
meeting of the Commission. 1
(D) Prior to promulgation and adoption of a final Rule or Rules by the 2
Commission, and at least sixty (60) days in advance of the meeting at which the Rule 3
will be considered and voted upon, the Commission shall file a notice of proposed 4
rulemaking: 5
(1) On the website of the Commission; and 6
(2) On the website of each Compact States' psychology regulatory 7
authority or the publication in which each state would otherwise publish proposed 8
Rules. 9
(E) The notice of proposed rulemaking shall include: 10
(1) The proposed time, date, and location of the meeting in which the 11
Rule will be considered and voted upon; 12
(2) The text of the proposed Rule or amendment and the reason for the 13
proposed Rule; 14
(3) A request for comments on the proposed Rule from any interested 15
person; and 16
(4) The manner in which interested persons may submit notice to the 17
Commission of their intention to attend the public hearing and any written comments. 18
(F) Prior to adoption of a proposed Rule, the Commission shall allow persons 19
to submit written data, facts, opinions and arguments, which shall be made available to 20
the public. 21
(G) The Commission shall grant an opportunity for a public hearing before it 22
adopts a Rule or amendment if a hearing is requested by: 23
(1) At least twenty-five (25) persons who submit comments 24
independently of each other; 25
(2) A governmental subdivision or agency; or 26
(3) A duly appointed person in an association that has at least twenty-27
five (25) members. 28
(H) If a hearing is held on the proposed Rule or amendment, the Commission 29
shall publish the place, time, and date of the scheduled public hearing. 30
(1) All persons wishing to be heard at the hearing shall notify the 31
Enrolled HB 110 -74-
Executive Director of the Commission or other designated member in writing of their 1
desire to appear and testify at the hearing not less than five (5) business days before the 2
scheduled date of the hearing. 3
(2) Hearings shall be conducted in a manner providing each person who 4
wishes to comment a fair and reasonable opportunity to comment orally or in writing. 5
(3) No transcript of the hearing is required, unless a written request for 6
a transcript is made, in which case the person requesting the transcript shall bear the 7
cost of producing the transcript. A recording may be made in lieu of a transcript under 8
the same terms and conditions as a transcript. This subsection shall not preclude the 9
Commission from making a transcript or recording of the hearing if it so chooses. 10
(4) Nothing in this section shall be construed as requiring a separate 11
hearing on each Rule. Rules may be grouped for the convenience of the Commission at 12
hearings required by this section. 13
(I) Following the scheduled hearing date, or by the close of business on the 14
scheduled hearing date if the hearing was not held, the Commission shall consider all 15
written and oral comments received. 16
(J) The Commission shall, by majority vote of all members, take final action on 17
the proposed Rule and shall determine the effective date of the Rule, if any, based on 18
the rulemaking record and the full text of the Rule. 19
(K) If no written notice of intent to attend the public hearing by interested parties 20
is received, the Commission may proceed with promulgation of the proposed Rule 21
without a public hearing. 22
(L) Upon determination that an emergency exists, the Commission may 23
consider and adopt an emergency Rule without prior notice, opportunity for comment, 24
or hearing, provided that the usual rulemaking procedures provided in the Compact and 25
in this section shall be retroactively applied to the Rule as soon as reasonably possible, 26
in no event later than ninety (90) days after the effective date of the Rule. For the 27
purposes of this provision, an emergency Rule is one that must be adopted immediately 28
in order to: 29
(1) Meet an imminent threat to public health, safety, or welfare; 30
(2) Prevent a loss of Commission or Compact State funds; 31
-75- Enrolled HB 110
(3) Meet a deadline for the promulgation of an administrative rule that 1
is established by federal law or rule; or 2
(4) Protect public health and safety. 3
(M) The Commission or an authorized committee of the Commission may direct 4
revisions to a previously adopted Rule or amendment for purposes of correcting 5
typographical errors, errors in format, errors in consistency, or grammatical errors. 6
Public notice of any revisions shall be posted on the website of the Commission. The 7
revision shall be subject to challenge by any person for a period of thirty (30) days after 8
posting. The revision may be challenged only on grounds that the revision results in a 9
material change to a Rule. A challenge shall be made in writing, and delivered to the 10
chair of the Commission prior to the end of the notice period. If no challenge is made, 11
the revision will take effect without further action. If the revision is challenged, the 12
revision may not take effect without the approval of the Commission. 13
ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 14
(A) Oversight 15
(1) The executive, legislative and judicial branches of state government 16
in each Compact State shall enforce this Compact and take all actions necessary and 17
appropriate to effectuate the Compact's purposes and intent. The provisions of this 18
Compact and the Rules promulgated hereunder shall have standing as statutory law. 19
(2) All courts shall take judicial notice of the Compact and the Rules in 20
any judicial or administrative proceeding in a Compact State pertaining to the subject 21
matter of this Compact which may affect the powers, responsibilities or actions of the 22
Commission. 23
(3) The Commission shall be entitled to receive service of process in 24
any such proceeding, and shall have standing to intervene in such a proceeding for all 25
purposes. Failure to provide service of process to the Commission shall render a 26
judgment or order void as to the Commission, this Compact or promulgated Rules. 27
(B) Default, Technical Assistance, and Termination 28
(1) If the Commission determines that a Compact State has defaulted in 29
the performance of its obligations or responsibilities under this Compact or the 30
promulgated Rules, the Commission shall: 31
Enrolled HB 110 -76-
(a) Provide written notice to the defaulting state and other 1
Compact States of the nature of the default, the proposed means of remedying 2
the default and/or any other action to be taken by the Commission; and 3
(b) Provide remedial training and specific technical assistance 4
regarding the default. 5
(2) If a state in default fails to remedy the default, the defaulting state 6
may be terminated from the Compact upon an affirmative vote of a majority of the 7
Compact States, and all rights, privileges and benefits conferred by this Compact shall 8
be terminated on the effective date of termination. A remedy of the default does not 9
relieve the offending state of obligations or liabilities incurred during the period of 10
default. 11
(3) Termination of membership in the Compact shall be imposed only 12
after all other means of securing compliance have been exhausted. Notice of intent to 13
suspend or terminate shall be submitted by the Commission to the governor, the majority 14
and minority leaders of the defaulting state's legislature, and each of the Compact States. 15
(4) A Compact State which has been terminated is responsible for all 16
assessments, obligations and liabilities incurred through the effective date of 17
termination, including obligations which extend beyond the effective date of 18
termination. 19
(5) The Commission shall not bear any costs incurred by the state which 20
is found to be in default or which has been terminated from the Compact, unless agreed 21
upon in writing between the Commission and the defaulting state. 22
(6) The defaulting state may appeal the action of the Commission by 23
petitioning the United States District Court for the State of Georgia or the federal district 24
where the Compact has its principal offices. The prevailing member shall be awarded 25
all costs of such litigation, including reasonable attorney's fees. 26
(C) Dispute Resolution 27
(1) Upon request by a Compact State, the Commission shall attempt to 28
resolve disputes related to the Compact which arise among Compact States and between 29
Compact and Non-Compact States. 30
(2) The Commission shall promulgate a Rule providing for both 31
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mediation and binding dispute resolution for disputes that arise before the Commission. 1
(D) Enforcement 2
(1) The Commission, in the reasonable exercise of its discretion, shall 3
enforce the provisions and Rules of this Compact. 4
(2) By majority vote, the Commission may initiate legal action in the 5
United States District Court for the State of Georgia or the federal district where the 6
Compact has its principal offices against a Compact State in default to enforce 7
compliance with the provisions of the Compact and its promulgated Rules and Bylaws. 8
The relief sought may include both injunctive relief and damages. In the event judicial 9
enforcement is necessary, the prevailing member shall be awarded all costs of such 10
litigation, including reasonable attorney's fees. 11
(3) The remedies herein shall not be the exclusive remedies of the 12
Commission. The Commission may pursue any other remedies available under federal 13
or state law. 14
ARTICLE XIII. DATE OF IMPLEMENTATION OF THE PSYCHOLOGY 15
INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED 16
RULES, WITHDRAWAL, AND AMENDMENTS. 17
(A) The Compact shall come into effect on the date on which the Compact is 18
enacted into law in the seventh Compact State. The provisions which become effective 19
at that time shall be limited to the powers granted to the Commission relating to 20
assembly and the promulgation of Rules. Thereafter, the Commission shall meet and 21
exercise rulemaking powers necessary to the implementation and administration of the 22
Compact. 23
(B) Any state which joins the Compact subsequent to the Commission's initial 24
adoption of the Rules shall be subject to the Rules as they exist on the date on which the 25
Compact becomes law in that state. Any Rule which has been previously adopted by the 26
Commission shall have the full force and effect of law on the day the Compact becomes 27
law in that state. 28
(C) Any Compact State may withdraw from this Compact by enacting a statute 29
repealing the same. 30
(1) A Compact State's withdrawal shall not take effect until six (6) 31
Enrolled HB 110 -78-
months after enactment of the repealing statute. 1
(2) Withdrawal shall not affect the continuing requirement of the 2
withdrawing state's psychology regulatory authority to comply with the investigative 3
and adverse action reporting requirements of this act prior to the effective date of 4
withdrawal. 5
(D) Nothing contained in this Compact shall be construed to invalidate or 6
prevent any psychology licensure agreement or other cooperative arrangement between 7
a Compact State and a Non-Compact State which does not conflict with the provisions 8
of this Compact. 9
(E) This Compact may be amended by the Compact States. No amendment to 10
this Compact shall become effective and binding upon any Compact State until it is 11
enacted into the law of all Compact States. 12
ARTICLE XIV. CONSTRUCTION AND SEVERABILITY. 13
This Compact shall be liberally construed so as to effectuate the purposes 14
thereof. If this Compact shall be held contrary to the constitution of any state member 15
thereto, the Compact shall remain in full force and effect as to the remaining Compact 16
States. 17
* Sec. 14. AS 08 is amended by adding a new chapter to read: 18
Chapter 90. Respiratory Care Practitioners. 19
Sec. 08.90.010. License required. Unless licensed under this chapter, a person 20
may not 21
(1) practice respiratory care; or 22
(2) represent that the person is a respiratory care practitioner, including 23
using the titles "licensed respiratory care practitioner" or "R.C.P." or any other words, 24
abbreviations, signs, or symbols indicating that the person is a licensee. 25
Sec. 08.90.020. Licensure. (a) The department shall issue a license to practice 26
respiratory care to an applicant who submits to the department written evidence, verified 27
by oath, that the applicant 28
(1) holds a respiratory therapist certification from a nationally 29
recognized organization for respiratory therapists that is approved by the department in 30
regulation; 31
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(2) has paid the required fees; and 1
(3) has met all other requirements established by the department in 2
regulation. 3
(b) The department shall issue a license to practice respiratory care to an 4
applicant who submits to the department, before the date that is one year after the 5
effective date of this section, the required fees and written evidence, verified by oath, 6
that the applicant was employed in the state to practice respiratory care under the 7
direction of a physician on or before the effective date of this section. An applicant 8
issued a license under this subsection may renew the license without meeting the initial 9
licensure requirement provided under (a)(1) of this section, but is otherwise subject to 10
this chapter. 11
Sec. 08.90.030. Licensure by credentials. The department shall issue a license 12
by credentials to practice respiratory care to an applicant who submits to the department 13
written evidence, verified by oath, that the applicant 14
(1) is currently licensed to practice respiratory care in another state, a 15
territory of the United States, or a foreign country with requirements for licensure that 16
the department determines are substantially equivalent to those required under this 17
chapter; 18
(2) has current valid credentials as a registered respiratory therapist 19
conferred by a nationally recognized organization for respiratory therapists that is 20
approved by the department in regulation; 21
(3) paid the required fees; and 22
(4) met all other requirements established by the department in 23
regulation. 24
Sec. 08.90.040. Evidence of licensure in other jurisdictions. An applicant for 25
a license under AS 08.90.020 or 08.90.030 must submit evidence to the department of 26
all licenses granted to the applicant to practice respiratory care in another state, a 27
territory of the United States, or a foreign country and whether that license is in good 28
standing. 29
Sec. 08.90.050. License renewal. The department may renew a license issued 30
under this chapter only if the licensee successfully completes 20 credit hours of 31
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continuing respiratory care education during the concluding licensing period. 1
Sec. 08.90.060. Scope of practice of respiratory care; qualified medical 2
directors. (a) A licensee may, under the supervision of a qualified medical director and 3
as authorized either under a medically approved protocol or under a written or oral order 4
from an authorized provider, perform the management, rehabilitation, diagnostic 5
evaluation, and care of a patient with a deficiency or abnormality of the 6
cardiopulmonary system and associated aspects of other system functions, including 7
(1) providing pulmonary care services that are safe, aseptic, and 8
preventive or restorative to the patient; 9
(2) administering to the patient pharmacological, diagnostic, and 10
therapeutic agents related to respiratory care procedures that are necessary to implement 11
a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen 12
prescribed by an authorized provider; 13
(3) making observations of the patient and monitoring the patient's signs, 14
symptoms, behavior, and physical responses to respiratory therapy treatment to 15
determine whether the patient exhibits any abnormal characteristics and, based on those 16
determinations, refer the patient, implement respiratory therapy protocols, or change the 17
patient's treatment regimen; 18
(4) employing on the patient the diagnostic or therapeutic use of 19
(A) medical gases, excluding general anesthesia; 20
(B) aerosols; 21
(C) humidification; 22
(D) pharmacological agents related to respiratory care 23
procedures; 24
(E) mechanical or physiological ventilatory support; 25
(F) bronchopulmonary hygiene procedures; 26
(G) oxygen therapy; 27
(H) telehealth as permitted under AS 08.02.130; 28
(I) cardiopulmonary disease management; and 29
(J) instruction on tobacco cessation; 30
(5) diagnostic or therapeutic techniques that may be medically essential 31
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to maintaining the patient's good respiratory health, including 1
(A) maintaining natural airways; 2
(B) inserting, without cutting tissue, and maintaining artificial 3
airways; 4
(C) collecting blood and other body fluids, including specimens 5
from the respiratory tract; 6
(D) collecting inspired and expired gas samples; 7
(E) analyzing blood samples and respiratory secretions; 8
(F) measuring ventilatory volumes, pressures, and flows; 9
(G) measuring hemodynamic and other physiological 10
parameters of the cardiopulmonary system; 11
(H) performing cardiopulmonary resuscitation; and 12
(I) implementing and maintaining environmental control 13
systems and hyperbaric therapy; 14
(6) transcribing the written or oral orders of an authorized provider 15
regarding the patient; 16
(7) providing instruction and education to the patient on the proper 17
methods of providing self-care and preventing cardiopulmonary disease and other 18
conditions requiring the use of respiratory care equipment and techniques; 19
(8) participating in air and ground transport of the patient; 20
(9) inserting and maintaining invasive lines for the patient; 21
(10) managing and maintaining an extracorporeal membrane 22
oxygenation unit for the patient; 23
(11) determining which medically approved respiratory care protocols 24
should be followed for the patient, in the absence of an authorized provider, during an 25
emergency; 26
(12) establishing procedures for administering treatment and testing of 27
the patient ordered by an authorized provider to aid diagnosis, patient health monitoring, 28
or medical research; and 29
(13) providing inhalation and respiratory therapy to the patient. 30
(b) A licensee may practice respiratory care in a clinic, hospital, skilled nursing 31
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facility, or private dwelling. A licensee may practice respiratory care in another location 1
if the department determines that the location is appropriate or necessary, the location 2
is authorized by a physician in a written or oral order, and the practices performed at the 3
location are performed under the supervision of a qualified medical director. 4
(c) A licensee may perform advanced techniques not ordinarily in the scope of 5
practice of respiratory care if the licensee has received formal training to perform those 6
techniques from a respiratory care educational program that 7
(1) is accredited, supervised, and structured; 8
(2) evaluated the competence of the licensee through a standardized 9
testing mechanism; and 10
(3) included clinical, didactic, and laboratory activities. 11
(d) A qualified medical director supervising a licensee under (a) of this section 12
shall be readily accessible to the licensee and is responsible for the quality, safety, and 13
appropriateness of the respiratory care services provided by the licensee. 14
(e) In this section, 15
(1) "authorized provider" means a physician or physician assistant 16
licensed under AS 08.64 or advanced practice registered nurse licensed under AS 08.68 17
acting within the scope of the license; 18
(2) "home health agency" means a public agency or private organization, 19
or a subdivision of a public agency or private organization, that primarily engages in 20
providing skilled nursing services in combination with respiratory therapy, physical 21
therapy, occupational therapy, speech therapy, or services provided by a home health 22
aide to an individual in the individual's home, an assisted living home, or another 23
residential setting; 24
(3) "public agency" means an agency operated by the state or a local 25
government; 26
(4) "qualified medical director" means a physician who 27
(A) is licensed to practice medicine in the state and is legally 28
authorized to direct an inpatient or outpatient health care organization, home 29
health agency, assisted living home, or the health care division or department of 30
a hospital, medical clinic, or other medical health maintenance facility; and 31
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(B) has substantial professional training or experience in the 1
management of acute and chronic respiratory disorders; 2
(5) "subdivision" means a component of a multi-function facility or 3
home health agency, such as the home health care division of a hospital or the division 4
of a public agency, that independently meets the requirements for licensure as a home 5
health agency. 6
Sec. 08.90.070. Disciplinary sanctions. (a) The department may revoke, 7
suspend, or refuse to issue a license to a person if the department finds that the person 8
(1) secured or attempted to secure a license to practice respiratory care 9
through fraud, deceit, or intentional misrepresentation; 10
(2) is unfit or incompetent to practice respiratory care; 11
(3) uses drugs or alcohol in a manner that affects the person's ability to 12
practice respiratory care competently and safely; 13
(4) engaged in dishonest or unethical conduct in connection with the 14
delivery of respiratory care services to patients; 15
(5) used or attempted to use as valid a license to practice respiratory care 16
that was illegally or fraudulently obtained; 17
(6) practiced respiratory care after the revocation, suspension, or 18
expiration of the person's license; 19
(7) failed to meet the standards of practice for respiratory care, including 20
(A) wilfully and repeatedly ordering and performing laboratory 21
tests or studies that were unnecessary and clinically unjustifiable; or 22
(B) administrating treatment that was unnecessary and clinically 23
unjustifiable; 24
(8) violated, or aided or abetted another person in violating, this chapter; 25
(9) has been convicted of 26
(A) a felony that materially affects the ability to safely practice 27
respiratory care; or 28
(B) insurance fraud; 29
(10) failed to disclose that a license to practice respiratory care in 30
another state, a territory of the United States, or a foreign country is not in good standing. 31
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(b) When determining whether to refuse to issue a license to an applicant or 1
impose a disciplinary sanction on a licensee under (a)(3) of this section, the department 2
shall consider whether an applicant or licensee is participating in a substance abuse 3
program. 4
Sec. 08.90.080. Exceptions. (a) This chapter does not apply to 5
(1) a person licensed in this state under a statute outside this chapter who 6
performs respiratory care within the scope of practice for which the person's license was 7
issued; 8
(2) a student enrolled in an accredited respiratory care educational 9
program who is 10
(A) practicing respiratory care as an integral part of the program; 11
or 12
(B) practicing respiratory care, within limits established by the 13
department, as an employee of a health care provider while a licensee or 14
physician is available to communicate with, consult with, and assist the student; 15
(3) a person who is not a licensee and practices respiratory care as self-16
care or care for a member of the person's family; 17
(4) a person practicing respiratory care in an emergency; 18
(5) a person practicing respiratory care within the scope of the person's 19
duties while 20
(A) in the armed forces of the United States; or 21
(B) working in a federal facility; 22
(6) a person employed in a diagnostic laboratory, physician's office, 23
clinic, or outpatient treatment facility that is administering treatment or performing 24
diagnostic procedures in that location under the direction of a physician; and 25
(7) a person employed by a durable or home medical equipment 26
company who delivers, calibrates, or maintains respiratory care equipment and does not 27
assess or evaluate patients. 28
(b) A student practicing respiratory care shall use the title 29
(1) "student respiratory care practitioner" or "student R.C.P." if 30
practicing under (a)(2)(A) of this section; and 31
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(2) "student respiratory care practitioner," " trainee respiratory care 1
practitioner," "student R.C.P.," or "trainee R.C.P." if practicing under (a)(2)(B) of this 2
section. 3
Sec. 08.90.090. Criminal penalty. A person who violates or aids a person in a 4
violation of this chapter is guilty of a class B misdemeanor. 5
Sec. 08.90.100. Regulations. The department may adopt regulations to carry out 6
the purposes of this chapter. 7
Sec. 08.90.990. Definitions. In this chapter, 8
(1) "accredited respiratory care educational program" means a 9
respiratory care educational program that is 10
(A) accredited by a national health education accrediting body 11
in collaboration with a national respiratory care accrediting body; and 12
(B) approved by the department; 13
(2) "department" means the Department of Commerce, Community, and 14
Economic Development; 15
(3) "licensee" means a person licensed to practice respiratory care under 16
this chapter; 17
(4) "physician" means a person licensed as a physician under AS 08.64. 18
* Sec. 15. AS 08.95.030 is amended to read: 19
Sec. 08.95.030. Duties. The board shall 20
(1) issue licenses to qualified applicants; 21
(2) adopt regulations 22
(A) requiring that continuing education requirements be satisfied 23
before a license is renewed; 24
(B) establishing a code of professional ethics that a licensee must 25
observe; 26
(C) establishing standards of practice for social work performed 27
by a licensee; [AND] 28
(D) establishing standards for supervisors and for supervision 29
that is required for licensure under AS 08.95.110(a); and 30
(E) [(3) ADOPT REGULATIONS] necessary to carry out the 31
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duties and purpose of this chapter; 1
(3) implement the Social Work Licensure Compact enacted under 2
AS 08.95.200; and 3
(4) appoint a member of the board to serve as a delegate on the 4
Social Work Licensure Compact Commission established under AS 08.95.200. 5
* Sec. 16. AS 08.95.100(a) is amended to read: 6
(a) A person who practices clinical social work without obtaining a license 7
under this chapter to practice clinical social work is guilty of a class B misdemeanor 8
unless the person is 9
(1) licensed under a provision of this title that is outside this chapter, is 10
practicing within the scope of that license, and is not representing to the public by title 11
or description of service as being engaged in the practice of clinical social work; [OR] 12
(2) practicing clinical social work as a student in a social work program 13
approved by the board; or 14
(3) practicing clinical social work under a multistate authorization 15
to practice. 16
* Sec. 17. AS 08.95.100(b) is amended to read: 17
(b) A person is guilty of a class B misdemeanor if the person does not hold a 18
valid license or multistate authorization to practice [IS NOT LICENSED] 19
(1) under this chapter and uses the title "social worker" unless the person 20
is exempt from licensure under AS 08.95.911; 21
(2) as a clinical social worker under this chapter [OR HAS A CLINICAL 22
SOCIAL WORKER LICENSE THAT IS SUSPENDED, REVOKED, OR LAPSED,] 23
and the person 24
(A) uses in connection with the person's name the words or 25
letters "L.C.S.W.," "Licensed Clinical Social Worker," or other letters, words, 26
or insignia indicating or implying that the person is a licensed clinical social 27
worker; or 28
(B) in any way, orally or in writing, directly or by implication, 29
holds out as a licensed clinical social worker; 30
(3) as a master social worker under this chapter [OR HAS A MASTER 31
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SOCIAL WORKER LICENSE THAT IS SUSPENDED, REVOKED, OR LAPSED,] 1
and the person 2
(A) uses in connection with the person's name the words or 3
letters "L.M.S.W.," "Licensed Master Social Worker," or other letters, words, or 4
insignia indicating or implying that the person is a licensed master social worker; 5
or 6
(B) in any way, orally or in writing, directly or by implication, 7
holds out as being a licensed master social worker; or 8
(4) as a baccalaureate social worker under this chapter [OR HAS A 9
BACCALAUREATE SOCIAL WORKER LICENSE THAT IS SUSPENDED, 10
REVOKED, OR LAPSED,] and the person 11
(A) uses in connection with the person's name the words or 12
letters "L.B.S.W.," " Licensed Baccalaureate Social Worker," or other letters, 13
words, or insignia indicating or implying that the person is a licensed 14
baccalaureate social worker; or 15
(B) in any way, orally or in writing, directly or by implication, 16
holds out as being a licensed baccalaureate social worker. 17
* Sec. 18. AS 08.95.110 is amended by adding a new subsection to read: 18
(d) An applicant for a multistate license as a social worker under AS 08.95.200 19
shall submit, along with the application, the applicant's fingerprints and the fees required 20
by the Department of Public Safety under AS 12.62.160 for criminal justice information 21
and a national criminal history record check. The board shall forward the fingerprints 22
and fees to the Department of Public Safety to obtain a report of criminal justice 23
information under AS 12.62 and a national criminal history record check under 24
AS 12.62.400. Criminal justice information and criminal history record information 25
obtained under this subsection may only be used by the board for the purpose of 26
determining an applicant's qualifications and fitness for a multistate license under this 27
chapter. 28
* Sec. 19. AS 08.95.120 is amended by adding a new subsection to read: 29
(c) This section does not apply to an applicant who is a regulated social worker. 30
* Sec. 20. AS 08.95.125 is amended by adding a new subsection to read: 31
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(f) This section does not apply to an applicant who is a regulated social worker. 1
* Sec. 21. AS 08.95 is amended by adding a new section to read: 2
Article 2A. Social Work Licensure Compact. 3
Sec. 08.95.200. Compact enacted. The Social Work Licensure Compact as 4
contained in this section is enacted into law and entered into on behalf of the state with 5
all other states and jurisdictions legally joining it in a form substantially as follows: 6
SECTION 1. PURPOSE. 7
The purpose of this Compact is to facilitate interstate practice of Regulated 8
Social Workers by improving public access to competent Social Work Services. The 9
Compact preserves the regulatory authority of States to protect public health and safety 10
through the current system of State licensure. 11
This Compact is designed to achieve the following objectives: 12
(A) Increase public access to Social Work Services; 13
(B) Reduce overly burdensome and duplicative requirements associated 14
with holding multiple licenses; 15
(C) Enhance the Member States' ability to protect the public's health and 16
safety; 17
(D) Encourage the cooperation of Member States in regulating 18
multistate practice; 19
(E) Promote mobility and address workforce shortages by eliminating 20
the necessity for licenses in multiple States by providing for the mutual recognition of 21
other Member State licenses; 22
(F) Support military families; 23
(G) Facilitate the exchange of licensure and disciplinary information 24
among Member States; 25
(H) Authorize all Member States to hold a Regulated Social Worker 26
accountable for abiding by a Member State's laws, regulations, and applicable 27
professional standards in the Member State in which the client is located at the time care 28
is rendered; and 29
(I) Allow for the use of telehealth to facilitate increased access to 30
regulated Social Work Services. 31
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SECTION 2. DEFINITIONS. 1
As used in this Compact, and except as otherwise provided, the following 2
definitions shall apply: 3
(A) "Active Military Member" means any individual with full-time duty 4
status in the active armed forces of the United States including members of the National 5
Guard and Reserve. 6
(B) "Adverse Action" means any administrative, civil, equitable or 7
criminal action permitted by a State's laws which is imposed by a Licensing Authority 8
or other authority against a Regulated Social Worker, including actions against an 9
individual's license or Multistate Authorization to Practice such as revocation, 10
suspension, probation, monitoring of the Licensee, limitation on the Licensee's practice, 11
or any other Encumbrance on licensure affecting a Regulated Social Worker's 12
authorization to practice, including issuance of a cease and desist action. 13
(C) "Alternative Program" means a non-disciplinary monitoring or 14
practice remediation process approved by a Licensing Authority to address practitioners 15
with an Impairment. 16
(D) "Charter Member States" means Member States who have enacted 17
legislation to adopt this Compact where such legislation predates the effective date of 18
this Compact as described in Section 14. 19
(E) "Compact Commission" or "Commission" means the government 20
agency whose membership consists of all States that have enacted this Compact, which 21
is known as the Social Work Licensure Compact Commission, as described in Section 22
10, and which shall operate as an instrumentality of the Member States. 23
(F) "Current Significant Investigative Information" means: 24
(1) Investigative information that a Licensing Authority, after a 25
preliminary inquiry that includes notification and an opportunity for the 26
Regulated Social Worker to respond, has reason to believe is not groundless and, 27
if proved true, would indicate more than a minor infraction as may be defined 28
by the Commission; or 29
(2) Investigative information that indicates that the Regulated 30
Social Worker represents an immediate threat to public health and safety, as may 31
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be defined by the Commission, regardless of whether the Regulated Social 1
Worker has been notified and has had an opportunity to respond. 2
(G) "Data System" means a repository of information about Licensees, 3
including continuing education, examination, licensure, Current Significant 4
Investigative Information, Disqualifying Event, Multistate License(s) and Adverse 5
Action information or other information as required by the Commission. 6
(H) "Disqualifying Event" means any Adverse Action or incident which 7
results in an Encumbrance that disqualifies or makes the Licensee ineligible to either 8
obtain, retain or renew a Multistate License. 9
(I) "Domicile" means the jurisdiction in which the Licensee resides and 10
intends to remain indefinitely. 11
(J) "Encumbrance" means a revocation or suspension of, or any 12
limitation on, the full and unrestricted practice of Social Work licensed and regulated 13
by a Licensing Authority. 14
(K) "Executive Committee" means a group of delegates elected or 15
appointed to act on behalf of, and within the powers granted to them by, the Compact 16
and Commission. 17
(L) "Home State" means the Member State that is the Licensee's primary 18
Domicile. 19
(M) "Impairment" means a condition(s) that may impair a practitioner's 20
ability to engage in full and unrestricted practice as a Regulated Social Worker without 21
some type of intervention and may include alcohol and drug dependence, mental health 22
impairment, and neurological or physical impairments. 23
(N) "Licensee(s)" means an individual who currently holds a license 24
from a State to practice as a Regulated Social Worker. 25
(O) "Licensing Authority" means the board or agency of a Member 26
State, or equivalent, that is responsible for the licensing and regulation of Regulated 27
Social Workers. 28
(P) "Member State" means a state, commonwealth, district, or territory 29
of the United States of America that has enacted this Compact. 30
(Q) "Multistate Authorization to Practice" means a legally authorized 31
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privilege to practice, which is equivalent to a license, associated with a Multistate 1
License permitting the practice of Social Work in a Remote State. 2
(R) "Multistate License" means a license to practice as a Regulated 3
Social Worker issued by a Home State Licensing Authority that authorizes the 4
Regulated Social Worker to practice in all Member States under Multistate 5
Authorization to Practice. 6
(S) "Qualifying National Exam" means a national licensing examination 7
approved by the Commission. 8
(T) "Regulated Social Worker" means any clinical, master's or 9
bachelor's Social Worker licensed by a Member State regardless of the title used by that 10
Member State. 11
(U) "Remote State" means a Member State other than the Licensee's 12
Home State. 13
(V) "Rule(s)" or "Rule(s) of the Commission" means a regulation or 14
regulations duly promulgated by the Commission, as authorized by the Compact, that 15
has the force of law. 16
(W) "Single State License" means a Social Work license issued by any 17
State that authorizes practice only within the issuing State and does not include 18
Multistate Authorization to Practice in any Member State. 19
(X) "Social Work" or "Social Work Services" means the application of 20
social work theory, knowledge, methods, ethics, and the professional use of self to 21
restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, 22
couples, families, groups, organizations, and communities through the care and services 23
provided by a Regulated Social Worker as set forth in the Member State's statutes and 24
regulations in the State where the services are being provided. 25
(Y) "State" means any state, commonwealth, district, or territory of the 26
United States of America that regulates the practice of Social Work. 27
(Z) "Unencumbered License" means a license that authorizes a 28
Regulated Social Worker to engage in the full and unrestricted practice of Social Work. 29
SECTION 3. STATE PARTICIPATION IN THE COMPACT. 30
(A) To be eligible to participate in the Compact, a potential Member 31
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State must currently meet all of the following criteria: 1
(1) License and regulate the practice of Social Work at either the 2
clinical, master's, or bachelor's category. 3
(2) Require applicants for licensure to graduate from a program 4
that is: 5
(a) Operated by a college or university recognized by the 6
Licensing Authority; 7
(b) Accredited, or in candidacy by an institution that 8
subsequently becomes accredited, by an accrediting agency recognized 9
by either: 10
(i) the Council for Higher Education 11
Accreditation, or its successor; or 12
(ii) the United States Department of Education; 13
and 14
(c) Corresponds to the licensure sought as outlined in 15
Section 4. 16
(3) Require applicants for clinical licensure to complete a period 17
of supervised practice. 18
(4) Have a mechanism in place for receiving, investigating, and 19
adjudicating complaints about Licensees. 20
(B) To maintain membership in the Compact a Member State shall: 21
(1) Require that applicants for a Multistate License pass a 22
Qualifying National Exam for the corresponding category of Multistate License 23
sought as outlined in Section 4. 24
(2) Participate fully in the Commission's Data System, including 25
using the Commission's unique identifier as defined in Rules; 26
(3) Notify the Commission, in compliance with the terms of the 27
Compact and Rules, of any Adverse Action or the availability of Current 28
Significant Investigative Information regarding a Licensee; 29
(4) Implement procedures for considering the criminal history 30
records of applicants for a Multistate License. Such procedures shall include the 31
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submission of fingerprints or other biometric-based information by applicants 1
for the purpose of obtaining an applicant's criminal history record information 2
from the Federal Bureau of Investigation and the agency responsible for 3
retaining that State's criminal records. 4
(5) Comply with the Rules of the Commission; 5
(6) Require an applicant to obtain or retain a license in the Home 6
State and meet the Home State's qualifications for licensure or renewal of 7
licensure, as well as all other applicable Home State laws; 8
(7) Authorize a Licensee holding a Multistate License in any 9
Member State to practice in accordance with the terms of the Compact and Rules 10
of the Commission; and 11
(8) Designate a delegate to participate in the Commission 12
meetings. 13
(C) A Member State meeting the requirements of Section 3(A) and 3(B) 14
of this Compact shall designate the categories of Social Work licensure that are eligible 15
for issuance of a Multistate License for applicants in such Member State. To the extent 16
that any Member State does not meet the requirements for participation in the Compact 17
at any particular category of Social Work licensure, such Member State may choose, 18
but is not obligated to issue, a Multistate License to applicants that otherwise meet the 19
requirements of Section 4 for issuance of a Multistate License in such category or 20
categories of licensure. 21
(D) The Home State may charge a fee for granting the Multistate 22
License. 23
SECTION 4. SOCIAL WORKER PARTICIPATION IN THE COMPACT. 24
(A) To be eligible for a Multistate License under the terms and 25
provisions of the Compact, an applicant, regardless of category, must: 26
(1) Hold or be eligible for an active, Unencumbered License in 27
the Home State; 28
(2) Pay any applicable fees, including any State fee, for the 29
Multistate License; 30
(3) Submit, in connection with an application for a Multistate 31
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License, fingerprints or other biometric data for the purpose of obtaining 1
criminal history record information from the Federal Bureau of Investigation 2
and the agency responsible for retaining that State's criminal records; 3
(4) Notify the Home State of any Adverse Action, Encumbrance, 4
or restriction on any professional license taken by any Member State or non-5
Member State within 30 days from the date the action is taken; 6
(5) Meet any continuing competence requirements established 7
by the Home State; 8
(6) Abide by the laws, regulations, and applicable standards in 9
the Member State where the client is located at the time care is rendered. 10
(B) An applicant for a clinical-category Multistate License must meet 11
all of the following requirements: 12
(1) Fulfill a competency requirement, which shall be satisfied by 13
either: 14
(a) Passage of a clinical-category Qualifying National 15
Exam; 16
(b) Licensure of the applicant in their Home State at the 17
clinical category, beginning prior to such time as a Qualifying National 18
Exam was required by the Home State and accompanied by a period of 19
continuous Social Work licensure thereafter, all of which may be further 20
governed by the Rules of the Commission; or 21
(c) The substantial equivalency of the foregoing 22
competency requirements which the Commission may determine by 23
Rule. 24
(2) Attain at least a master's degree in Social Work from a 25
program that is: 26
(a) Operated by a college or university recognized by the 27
Licensing Authority; and 28
(b) Accredited, or in candidacy that subsequently 29
becomes accredited, by an accrediting agency recognized by either: 30
(i) the Council for Higher Education 31
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Accreditation or its successor; or 1
(ii) the United States Department of Education. 2
(3) Fulfill a practice requirement, which shall be satisfied by 3
demonstrating completion of either: 4
(a) A period of postgraduate supervised clinical practice 5
equal to a minimum of three thousand hours; 6
(b) A minimum of two years of full-time postgraduate 7
supervised clinical practice; or 8
(c) The substantial equivalency of the foregoing practice 9
requirements which the Commission may determine by Rule. 10
(C) An applicant for a master's-category Multistate License must meet 11
all of the following requirements: 12
(1) Fulfill a competency requirement, which shall be satisfied by 13
either: 14
(a) Passage of a masters-category Qualifying National 15
Exam; 16
(b) Licensure of the applicant in their Home State at the 17
master's category, beginning prior to such time as a Qualifying National 18
Exam was required by the Home State at the master's category and 19
accompanied by a continuous period of Social Work licensure thereafter, 20
all of which may be further governed by the Rules of the Commission; 21
or 22
(c) The substantial equivalency of the foregoing 23
competency requirements which the Commission may determine by 24
Rule. 25
(2) Attain at least a master's degree in Social Work from a 26
program that is: 27
(a) Operated by a college or university recognized by the 28
Licensing Authority; and 29
(b) Accredited, or in candidacy that subsequently 30
becomes accredited, by an accrediting agency recognized by either: 31
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(i) the Council for Higher Education 1
Accreditation or its successor; or 2
(ii) the United States Department of Education. 3
(D) An applicant for a bachelor's-category Multistate License must meet 4
all of the following requirements: 5
(1) Fulfill a competency requirement, which shall be satisfied by 6
either: 7
(a) Passage of a bachelor's-category Qualifying National 8
Exam; 9
(b) Licensure of the applicant in their Home State at the 10
bachelor's category, beginning prior to such time as a Qualifying 11
National Exam was required by the Home State and accompanied by a 12
period of continuous Social Work licensure thereafter, all of which may 13
be further governed by the Rules of the Commission; or 14
(c) The substantial equivalency of the foregoing 15
competency requirements which the Commission may determine by 16
Rule. 17
(2) Attain at least a bachelor's degree in Social Work from a 18
program that is: 19
(a) Operated by a college or university recognized by the 20
Licensing Authority; and 21
(b) Accredited, or in candidacy that subsequently 22
becomes accredited, by an accrediting agency recognized by either: 23
(i) the Council for Higher Education 24
Accreditation or its successor; or 25
(ii) the United States Department of Education. 26
(E) The Multistate License for a Regulated Social Worker is subject to 27
the renewal requirements of the Home State. The Regulated Social Worker must 28
maintain compliance with the requirements of Section 4(A) to be eligible to renew a 29
Multistate License. 30
(F) The Regulated Social Worker's services in a Remote State are 31
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subject to that Member State's regulatory authority. A Remote State may, in accordance 1
with due process and that Member State's laws, remove a Regulated Social Worker's 2
Multistate Authorization to Practice in the Remote State for a specific period of time, 3
impose fines, and take any other necessary actions to protect the health and safety of its 4
citizens. 5
(G) If a Multistate License is encumbered, the Regulated Social 6
Worker's Multistate Authorization to Practice shall be deactivated in all Remote States 7
until the Multistate License is no longer encumbered. 8
(H) If a Multistate Authorization to Practice is encumbered in a Remote 9
State, the regulated Social Worker's Multistate Authorization to Practice may be 10
deactivated in that State until the Multistate Authorization to Practice is no longer 11
encumbered. 12
SECTION 5. ISSUANCE OF A MULTISTATE LICENSE. 13
(A) Upon receipt of an application for Multistate License, the Home 14
State Licensing Authority shall determine the applicant's eligibility for a Multistate 15
License in accordance with Section 4 of this Compact. 16
(B) If such applicant is eligible pursuant to Section 4 of this Compact, 17
the Home State Licensing Authority shall issue a Multistate License that authorizes the 18
applicant or Regulated Social Worker to practice in all Member States under a 19
Multistate Authorization to Practice. 20
(C) Upon issuance of a Multistate License, the Home State Licensing 21
Authority shall designate whether the Regulated Social Worker holds a Multistate 22
License in the Bachelors, Masters, or Clinical category of Social Work. 23
(D) A Multistate License issued by a Home State to a resident in that 24
State shall be recognized by all Compact Member States as authorizing Social Work 25
Practice under a Multistate Authorization to Practice corresponding to each category of 26
licensure regulated in each Member State. 27
SECTION 6. AUTHORITY OF INTERSTATE COMPACT COMMISSION AND 28
MEMBER STATE LICENSING AUTHORITIES. 29
(A) Nothing in this Compact, nor any Rule of the Commission, shall be 30
construed to limit, restrict, or in any way reduce the ability of a Member State to enact 31
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and enforce laws, regulations, or other rules related to the practice of Social Work in 1
that State, where those laws, regulations, or other rules are not inconsistent with the 2
provisions of this Compact. 3
(B) Nothing in this Compact shall affect the requirements established by 4
a Member State for the issuance of a Single State License. 5
(C) Nothing in this Compact, nor any Rule of the Commission, shall be 6
construed to limit, restrict, or in any way reduce the ability of a Member State to take 7
Adverse Action against a Licensee's Single State License to practice Social Work in that 8
State. 9
(D) Nothing in this Compact, nor any Rule of the Commission, shall be 10
construed to limit, restrict, or in any way reduce the ability of a Remote State to take 11
Adverse Action against a Licensee's Multistate Authorization to Practice in that State. 12
(E) Nothing in this Compact, nor any Rule of the Commission, shall be 13
construed to limit, restrict, or in any way reduce the ability of a Licensee's Home State 14
to take Adverse Action against a Licensee's Multistate License based upon information 15
provided by a Remote State. 16
SECTION 7. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE. 17
(A) A Licensee can hold a Multistate License, issued by their Home 18
State, in only one Member State at any given time. 19
(B) If a Licensee changes their Home State by moving between two 20
Member States: 21
(1) The Licensee shall immediately apply for the reissuance of 22
their Multistate License in their new Home State. The Licensee shall pay all 23
applicable fees and notify the prior Home State in accordance with the Rules of 24
the Commission. 25
(2) Upon receipt of an application to reissue a Multistate 26
License, the new Home State shall verify that the Multistate License is active, 27
unencumbered and eligible for reissuance under the terms of the Compact and 28
the Rules of the Commission. The Multistate License issued by the prior Home 29
State will be deactivated and all Member States notified in accordance with the 30
applicable Rules adopted by the Commission. 31
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(3) Prior to the reissuance of the Multistate License, the new 1
Home State shall conduct procedures for considering the criminal history 2
records of the Licensee. Such procedures shall include the submission of 3
fingerprints or other biometric-based information by applicants for the purpose 4
of obtaining an applicant's criminal history record information from the Federal 5
Bureau of Investigation and the agency responsible for retaining that State's 6
criminal records. 7
(4) If required for initial licensure, the new Home State may 8
require completion of jurisprudence requirements in the new Home State. 9
(5) Notwithstanding any other provision of this Compact, if a 10
Licensee does not meet the requirements set forth in this Compact for the 11
reissuance of a Multistate License by the new Home State, then the Licensee 12
shall be subject to the new Home State requirements for the issuance of a Single 13
State License in that State. 14
(C) If a Licensee changes their primary State of residence by moving 15
from a Member State to a non-Member State, or from a non-Member State to a Member 16
State, then the Licensee shall be subject to the State requirements for the issuance of a 17
Single State License in the new Home State. 18
(D) Nothing in this Compact shall interfere with a Licensee's ability to 19
hold a Single State License in multiple States; however, for the purposes of this 20
Compact, a Licensee shall have only one Home State, and only one Multistate License. 21
(E) Nothing in this Compact shall interfere with the requirements 22
established by a Member State for the issuance of a Single State License. 23
SECTION 8. MILITARY FAMILIES. 24
An Active Military Member or their spouse shall designate a Home State where 25
the individual has a Multistate License. The individual may retain their Home State 26
designation during the period the service member is on active duty. 27
SECTION 9. ADVERSE ACTIONS. 28
(A) In addition to the other powers conferred by State law, a Remote 29
State shall have the authority, in accordance with existing State due process law, to: 30
(1) Take Adverse Action against a Regulated Social Worker's 31
Enrolled HB 110 -100-
Multistate Authorization to Practice only within that Member State, and issue 1
subpoenas for both hearings and investigations that require the attendance and 2
testimony of witnesses as well as the production of evidence. Subpoenas issued 3
by a Licensing Authority in a Member State for the attendance and testimony of 4
witnesses or the production of evidence from another Member State shall be 5
enforced in the latter State by any court of competent jurisdiction, according to 6
the practice and procedure of that court applicable to subpoenas issued in 7
proceedings pending before it. The issuing Licensing Authority shall pay any 8
witness fees, travel expenses, mileage, and other fees required by the service 9
statutes of the State in which the witnesses or evidence are located. 10
(2) Only the Home State shall have the power to take Adverse 11
Action against a Regulated Social Worker's Multistate License. 12
(B) For purposes of taking Adverse Action, the Home State shall give 13
the same priority and effect to reported conduct received from a Member State as it 14
would if the conduct had occurred within the Home State. In so doing, the Home State 15
shall apply its own State laws to determine appropriate action. 16
(C) The Home State shall complete any pending investigations of a 17
Regulated Social Worker who changes their Home State during the course of the 18
investigations. The Home State shall also have the authority to take appropriate action(s) 19
and shall promptly report the conclusions of the investigations to the administrator of 20
the Data System. The administrator of the Data System shall promptly notify the new 21
Home State of any Adverse Actions. 22
(D) A Member State, if otherwise permitted by State law, may recover 23
from the affected Regulated Social Worker the costs of investigations and dispositions 24
of cases resulting from any Adverse Action taken against that Regulated Social Worker. 25
(E) A Member State may take Adverse Action based on the factual 26
findings of another Member State, provided that the Member State follows its own 27
procedures for taking the Adverse Action. 28
(F) Joint Investigations: 29
(1) In addition to the authority granted to a Member State by its 30
respective Social Work practice act or other applicable State law, any Member 31
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State may participate with other Member States in joint investigations of 1
Licensees. 2
(2) Member States shall share any investigative, litigation, or 3
compliance materials in furtherance of any joint or individual investigation 4
initiated under the Compact. 5
(G) If Adverse Action is taken by the Home State against the Multistate 6
License of a Regulated Social Worker, the Regulated Social Worker's Multistate 7
Authorization to Practice in all other Member States shall be deactivated until all 8
Encumbrances have been removed from the Multistate License. All Home State 9
disciplinary orders that impose Adverse Action against the license of a Regulated Social 10
Worker shall include a statement that the Regulated Social Worker's Multistate 11
Authorization to Practice is deactivated in all Member States until all conditions of the 12
decision, order or agreement are satisfied. 13
(H) If a Member State takes Adverse Action, it shall promptly notify the 14
administrator of the Data System. The administrator of the Data System shall promptly 15
notify the Home State and all other Member States of any Adverse Actions by Remote 16
States. 17
(I) Nothing in this Compact shall override a Member State's decision 18
that participation in an Alternative Program may be used in lieu of Adverse Action. 19
(J) Nothing in this Compact shall authorize a Member State to demand 20
the issuance of subpoenas for attendance and testimony of witnesses or the production 21
of evidence from another Member State for lawful actions within that Member State. 22
(K) Nothing in this Compact shall authorize a Member State to impose 23
discipline against a Regulated Social Worker who holds a Multistate Authorization to 24
Practice for lawful actions within another Member State. 25
SECTION 10. ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT 26
COMMISSION. 27
(A) The Compact Member States hereby create and establish a joint 28
government agency whose membership consists of all Member States that have enacted 29
the Compact known as the Social Work Licensure Compact Commission. The 30
Commission is an instrumentality of the Compact States acting jointly and not an 31
Enrolled HB 110 -102-
instrumentality of any one State. The Commission shall come into existence on or after 1
the effective date of the Compact as set forth in Section 14. 2
(B) Membership, Voting, and Meetings 3
(1) Each Member State shall have and be limited to one (1) 4
delegate selected by that Member State's State Licensing Authority. 5
(2) The delegate shall be either: 6
(a) A current member of the State Licensing Authority at 7
the time of appointment, who is a Regulated Social Worker or public 8
member of the State Licensing Authority; or 9
(b) An administrator of the State Licensing Authority or 10
their designee. 11
(3) The Commission shall by Rule or bylaw establish a term of 12
office for delegates and may by Rule or bylaw establish term limits. 13
(4) The Commission may recommend removal or suspension of 14
any delegate from office. 15
(5) A Member State's State Licensing Authority shall fill any 16
vacancy of its delegate occurring on the Commission within 60 days of the 17
vacancy. 18
(6) Each delegate shall be entitled to one vote on all matters 19
before the Commission requiring a vote by Commission delegates. 20
(7) A delegate shall vote in person or by such other means as 21
provided in the bylaws. The bylaws may provide for delegates to meet by 22
telecommunication, videoconference, or other means of communication. 23
(8) The Commission shall meet at least once during each 24
calendar year. Additional meetings may be held as set forth in the bylaws. The 25
Commission may meet by telecommunication, videoconference, or other similar 26
electronic means. 27
(C) The Commission shall have the following powers: 28
(1) Establish the fiscal year of the Commission; 29
(2) Establish code of conduct and conflict of interest policies; 30
(3) Establish and amend Rules and bylaws; 31
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(4) Maintain its financial records in accordance with the bylaws; 1
(5) Meet and take such actions as are consistent with the 2
provisions of this Compact, the Commission's Rules, and the bylaws; 3
(6) Initiate and conclude legal proceedings or actions in the name 4
of the Commission, provided that the standing of any State Licensing Board to 5
sue or be sued under applicable law shall not be affected; 6
(7) Maintain and certify records and information provided to a 7
Member State as the authenticated business records of the Commission, and 8
designate an agent to do so on the Commission's behalf; 9
(8) Purchase and maintain insurance and bonds; 10
(9) Borrow, accept, or contract for services of personnel, 11
including, but not limited to, employees of a Member State; 12
(10) Conduct an annual financial review; 13
(11) Hire employees, elect or appoint officers, fix compensation, 14
define duties, grant such individuals appropriate authority to carry out the 15
purposes of the Compact, and establish the Commission's personnel policies and 16
programs relating to conflicts of interest, qualifications of personnel, and other 17
related personnel matters; 18
(12) Assess and collect fees; 19
(13) Accept any and all appropriate gifts, donations, grants of 20
money, other sources of revenue, equipment, supplies, materials, and services, 21
and receive, utilize, and dispose of the same; provided that at all times the 22
Commission shall avoid any appearance of impropriety or conflict of interest; 23
(14) Lease, purchase, retain, own, hold, improve, or use any 24
property, real, personal, or mixed, or any undivided interest therein; 25
(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, 26
or otherwise dispose of any property real, personal, or mixed; 27
(16) Establish a budget and make expenditures; 28
(17) Borrow money; 29
(18) Appoint committees, including standing committees, 30
composed of members, State regulators, State legislators or their representatives, 31
Enrolled HB 110 -104-
and consumer representatives, and such other interested persons as may be 1
designated in this Compact and the bylaws; 2
(19) Provide and receive information from, and cooperate with, 3
law enforcement agencies; 4
(20) Establish and elect an Executive Committee, including a 5
chair and a vice chair; 6
(21) Determine whether a State's adopted language is materially 7
different from the model Compact language such that the State would not qualify 8
for participation in the Compact; and 9
(22) Perform such other functions as may be necessary or 10
appropriate to achieve the purposes of this Compact. 11
(D) The Executive Committee 12
(1) The Executive Committee shall have the power to act on 13
behalf of the Commission according to the terms of this Compact. The powers, 14
duties, and responsibilities of the Executive Committee shall include: 15
(a) Oversee the day-to-day activities of the 16
administration of the Compact including enforcement and compliance 17
with the provisions of the Compact, its Rules and bylaws, and other such 18
duties as deemed necessary; 19
(b) Recommend to the Commission changes to the Rules 20
or bylaws, changes to this Compact legislation, fees charged to Compact 21
Member States, fees charged to Licensees, and other fees; 22
(c) Ensure Compact administration services are 23
appropriately provided, including by contract; 24
(d) Prepare and recommend the budget; 25
(e) Maintain financial records on behalf of the 26
Commission; 27
(f) Monitor Compact compliance of Member States and 28
provide compliance reports to the Commission; 29
(g) Establish additional committees as necessary; 30
(h) Exercise the powers and duties of the Commission 31
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during the interim between Commission meetings, except for adopting 1
or amending Rules, adopting or amending bylaws, and exercising any 2
other powers and duties expressly reserved to the Commission by Rule 3
or bylaw; and 4
(i) Other duties as provided in the Rules or bylaws of the 5
Commission. 6
(2) The Executive Committee shall be composed of up to eleven 7
(11) members: 8
(a) The chair and vice chair of the Commission shall be 9
voting members of the Executive Committee; 10
(b) The Commission shall elect five (5) voting members 11
from the current membership of the Commission; 12
(c) Up to four (4) ex-officio, nonvoting members from 13
four (4) recognized national Social Work organizations; and 14
(d) The ex-officio members will be selected by their 15
respective organizations. 16
(3) The Commission may remove any member of the Executive 17
Committee as provided in the Commission's bylaws. 18
(4) The Executive Committee shall meet at least annually. 19
(a) Executive Committee meetings shall be open to the 20
public, except that the Executive Committee may meet in a closed, non-21
public meeting as provided in subsection (F)(2) below. 22
(b) The Executive Committee shall give seven (7) days' 23
notice of its meetings, posted on its website and as determined to provide 24
notice to persons with an interest in the business of the Commission. 25
(c) The Executive Committee may hold a special meeting 26
in accordance with subsection (F)(1)(b) below. 27
(E) The Commission shall adopt and provide to the Member States an 28
annual report. 29
(F) Meetings of the Commission 30
(1) All meetings shall be open to the public, except that the 31
Enrolled HB 110 -106-
Commission may meet in a closed, non-public meeting as provided in subsection 1
(F)(2) below. 2
(a) Public notice for all meetings of the full Commission 3
shall be given in the same manner as required under the Rulemaking 4
provisions in Section 12, except that the Commission may hold a special 5
meeting as provided in subsection (F)(1)(b) below. 6
(b) The Commission may hold a special meeting when it 7
must meet to conduct emergency business by giving 48 hours' notice to 8
all commissioners, on the Commission's website, and other means as 9
provided in the Commission's Rules. The Commission's legal counsel 10
shall certify that the Commission's need to meet qualifies as an 11
emergency. 12
(2) The Commission or the Executive Committee or other 13
committees of the Commission may convene in a closed, non-public meeting for 14
the Commission or Executive Committee or other committees of the 15
Commission to receive legal advice or to discuss: 16
(a) Non-compliance of a Member State with its 17
obligations under the Compact; 18
(b) The employment, compensation, discipline or other 19
matters, practices or procedures related to specific employees; 20
(c) Current or threatened discipline of a Licensee by the 21
Commission or by a Member State's Licensing Authority; 22
(d) Current, threatened, or reasonably anticipated 23
litigation; 24
(e) Negotiation of contracts for the purchase, lease, or 25
sale of goods, services, or real estate; 26
(f) Accusing any person of a crime or formally censuring 27
any person; 28
(g) Trade secrets or commercial or financial information 29
that is privileged or confidential; 30
(h) Information of a personal nature where disclosure 31
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would constitute a clearly unwarranted invasion of personal privacy; 1
(i) Investigative records compiled for law enforcement 2
purposes; 3
(j) Information related to any investigative reports 4
prepared by or on behalf of or for use of the Commission or other 5
committee charged with responsibility of investigation or determination 6
of compliance issues pursuant to the Compact; 7
(k) Matters specifically exempted from disclosure by 8
federal or Member State law; or 9
(l) Other matters as promulgated by the Commission by 10
Rule. 11
(3) If a meeting, or portion of a meeting, is closed, the presiding 12
officer shall state that the meeting will be closed and reference each relevant 13
exempting provision, and such reference shall be recorded in the minutes. 14
(4) The Commission shall keep minutes that fully and clearly 15
describe all matters discussed in a meeting and shall provide a full and accurate 16
summary of actions taken, and the reasons therefore, including a description of 17
the views expressed. All documents considered in connection with an action 18
shall be identified in such minutes. All minutes and documents of a closed 19
meeting shall remain under seal, subject to release only by a majority vote of the 20
Commission or order of a court of competent jurisdiction. 21
(G) Financing of the Commission 22
(1) The Commission shall pay, or provide for the payment of, 23
the reasonable expenses of its establishment, organization, and ongoing 24
activities. 25
(2) The Commission may accept any and all appropriate revenue 26
sources as provided in subsection (C)(13). 27
(3) The Commission may levy on and collect an annual 28
assessment from each Member State and impose fees on Licensees of Member 29
States to whom it grants a Multistate License to cover the cost of the operations 30
and activities of the Commission and its staff, which must be in a total amount 31
Enrolled HB 110 -108-
sufficient to cover its annual budget as approved each year for which revenue is 1
not provided by other sources. The aggregate annual assessment amount for 2
Member States shall be allocated based upon a formula that the Commission 3
shall promulgate by Rule. 4
(4) The Commission shall not incur obligations of any kind prior 5
to securing the funds adequate to meet the same; nor shall the Commission 6
pledge the credit of any of the Member States, except by and with the authority 7
of the Member State. 8
(5) The Commission shall keep accurate accounts of all receipts 9
and disbursements. The receipts and disbursements of the Commission shall be 10
subject to the financial review and accounting procedures established under its 11
bylaws. However, all receipts and disbursements of funds handled by the 12
Commission shall be subject to an annual financial review by a certified or 13
licensed public accountant, and the report of the financial review shall be 14
included in and become part of the annual report of the Commission. 15
(H) Qualified Immunity, Defense, and Indemnification 16
(1) The members, officers, executive director, employees and 17
representatives of the Commission shall be immune from suit and liability, both 18
personally and in their official capacity, for any claim for damage to or loss of 19
property or personal injury or other civil liability caused by or arising out of any 20
actual or alleged act, error, or omission that occurred, or that the person against 21
whom the claim is made had a reasonable basis for believing occurred, within 22
the scope of Commission employment, duties or responsibilities; provided that 23
nothing in this paragraph shall be construed to protect any such person from suit 24
or liability for any damage, loss, injury, or liability caused by the intentional or 25
willful or wanton misconduct of that person. The procurement of insurance of 26
any type by the Commission shall not in any way compromise or limit the 27
immunity granted hereunder. 28
(2) The Commission shall defend any member, officer, executive 29
director, employee, and representative of the Commission in any civil action 30
seeking to impose liability arising out of any actual or alleged act, error, or 31
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omission that occurred within the scope of Commission employment, duties, or 1
responsibilities, or as determined by the Commission that the person against 2
whom the claim is made had a reasonable basis for believing occurred within 3
the scope of Commission employment, duties, or responsibilities; provided that 4
nothing herein shall be construed to prohibit that person from retaining their own 5
counsel at their own expense; and provided further, that the actual or alleged act, 6
error, or omission did not result from that person's intentional or willful or 7
wanton misconduct. 8
(3) The Commission shall indemnify and hold harmless any 9
member, officer, executive director, employee, and representative of the 10
Commission for the amount of any settlement or judgment obtained against that 11
person arising out of any actual or alleged act, error, or omission that occurred 12
within the scope of Commission employment, duties, or responsibilities, or that 13
such person had a reasonable basis for believing occurred within the scope of 14
Commission employment, duties, or responsibilities, provided that the actual or 15
alleged act, error, or omission did not result from the intentional or willful or 16
wanton misconduct of that person. 17
(4) Nothing herein shall be construed as a limitation on the 18
liability of any Licensee for professional malpractice or misconduct, which shall 19
be governed solely by any other applicable State laws. 20
(5) Nothing in this Compact shall be interpreted to waive or 21
otherwise abrogate a Member State's state action immunity or state action 22
affirmative defense with respect to antitrust claims under the Sherman Act, 23
Clayton Act, or any other State or federal antitrust or anticompetitive law or 24
regulation. 25
(6) Nothing in this Compact shall be construed to be a waiver of 26
sovereign immunity by the Member States or by the Commission. 27
SECTION 11. DATA SYSTEM. 28
(A) The Commission shall provide for the development, maintenance, 29
operation, and utilization of a coordinated Data System. 30
(B) The Commission shall assign each applicant for a Multistate License 31
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a unique identifier, as determined by the Rules of the Commission. 1
(C) Notwithstanding any other provision of State law to the contrary, a 2
Member State shall submit a uniform data set to the Data System on all individuals to 3
whom this Compact is applicable as required by the Rules of the Commission, 4
including: 5
(1) Identifying information; 6
(2) Licensure data; 7
(3) Adverse Actions against a license and information related 8
thereto; 9
(4) Non-confidential information related to Alternative Program 10
participation, the beginning and ending dates of such participation, and other 11
information related to such participation not made confidential under Member 12
State law; 13
(5) Any denial of application for licensure, and the reason(s) for 14
such denial; 15
(6) The presence of Current Significant Investigative 16
Information; and 17
(7) Other information that may facilitate the administration of 18
this Compact or the protection of the public, as determined by the Rules of the 19
Commission. 20
(D) The records and information provided to a Member State pursuant 21
to this Compact or through the Data System, when certified by the Commission or an 22
agent thereof, shall constitute the authenticated business records of the Commission, 23
and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-24
judicial or administrative proceedings in a Member State. 25
(E) Current Significant Investigative Information pertaining to a 26
Licensee in any Member State will only be available to other Member States. 27
(1) It is the responsibility of the Member States to report any 28
Adverse Action against a Licensee and to monitor the database to determine 29
whether Adverse Action has been taken against a Licensee. Adverse Action 30
information pertaining to a Licensee in any Member State will be available to 31
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any other Member State. 1
(F) Member States contributing information to the Data System may 2
designate information that may not be shared with the public without the express 3
permission of the contributing State. 4
(G) Any information submitted to the Data System that is subsequently 5
expunged pursuant to federal law or the laws of the Member State contributing the 6
information shall be removed from the Data System. 7
SECTION 12. RULEMAKING. 8
(A) The Commission shall promulgate reasonable Rules in order to 9
effectively and efficiently implement and administer the purposes and provisions of the 10
Compact. A Rule shall be invalid and have no force or effect only if a court of competent 11
jurisdiction holds that the Rule is invalid because the Commission exercised its 12
rulemaking authority in a manner that is beyond the scope and purposes of the Compact, 13
or the powers granted hereunder, or based upon another applicable standard of review. 14
(B) The Rules of the Commission shall have the force of law in each 15
Member State, provided however that, where the Rules of the Commission conflict with 16
the laws of the Member State that establish the Member State's laws, regulations, and 17
applicable standards that govern the practice of Social Work as held by a court of 18
competent jurisdiction, the Rules of the Commission shall be ineffective in that State to 19
the extent of the conflict. 20
(C) The Commission shall exercise its Rulemaking powers pursuant to 21
the criteria set forth in this Section and the Rules adopted thereunder. Rules shall 22
become binding on the day following adoption or the date specified in the rule or 23
amendment, whichever is later. 24
(D) If a majority of the legislatures of the Member States rejects a Rule 25
or portion of a Rule, by enactment of a statute or resolution in the same manner used to 26
adopt the Compact within four (4) years of the date of adoption of the Rule, then such 27
Rule shall have no further force and effect in any Member State. 28
(E) Rules shall be adopted at a regular or special meeting of the 29
Commission. 30
(F) Prior to adoption of a proposed Rule, the Commission shall hold a 31
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public hearing and allow persons to provide oral and written comments, data, facts, 1
opinions, and arguments. 2
(G) Prior to adoption of a proposed Rule by the Commission, and at least 3
thirty (30) days in advance of the meeting at which the Commission will hold a public 4
hearing on the proposed Rule, the Commission shall provide a Notice of Proposed 5
Rulemaking: 6
(1) On the website of the Commission or other publicly 7
accessible platform; 8
(2) To persons who have requested notice of the Commission's 9
notices of proposed rulemaking; and 10
(3) In such other way(s) as the Commission may by Rule specify. 11
(H) The Notice of Proposed Rulemaking shall include: 12
(1) The time, date, and location of the public hearing at which 13
the Commission will hear public comments on the proposed Rule and, if 14
different, the time, date, and location of the meeting where the Commission will 15
consider and vote on the proposed Rule; 16
(2) If the hearing is held via telecommunication, video 17
conference, or other electronic means, the Commission shall include the 18
mechanism for access to the hearing in the Notice of Proposed Rulemaking; 19
(3) The text of the proposed Rule and the reason therefor; 20
(4) A request for comments on the proposed Rule from any 21
interested person; and 22
(5) The manner in which interested persons may submit written 23
comments. 24
(I) All hearings will be recorded. A copy of the recording and all written 25
comments and documents received by the Commission in response to the proposed Rule 26
shall be available to the public. 27
(J) Nothing in this section shall be construed as requiring a separate 28
hearing on each Rule. Rules may be grouped for the convenience of the Commission at 29
hearings required by this section. 30
(K) The Commission shall, by majority vote of all members, take final 31
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action on the proposed Rule based on the Rulemaking record and the full text of the 1
Rule. 2
(1) The Commission may adopt changes to the proposed Rule 3
provided the changes do not enlarge the original purpose of the proposed Rule. 4
(2) The Commission shall provide an explanation of the reasons 5
for substantive changes made to the proposed Rule as well as reasons for 6
substantive changes not made that were recommended by commenters. 7
(3) The Commission shall determine a reasonable effective date 8
for the Rule. Except for an emergency as provided in Section 12(L), the effective 9
date of the rule shall be no sooner than 30 days after issuing the notice that it 10
adopted or amended the Rule. 11
(L) Upon determination that an emergency exists, the Commission may 12
consider and adopt an emergency Rule with 48 hours' notice, with opportunity to 13
comment, provided that the usual Rulemaking procedures provided in the Compact and 14
in this section shall be retroactively applied to the Rule as soon as reasonably possible, 15
in no event later than ninety (90) days after the effective date of the Rule. For the 16
purposes of this provision, an emergency Rule is one that must be adopted immediately 17
in order to: 18
(1) Meet an imminent threat to public health, safety, or welfare; 19
(2) Prevent a loss of Commission or Member State funds; 20
(3) Meet a deadline for the promulgation of a Rule that is 21
established by federal law or rule; or 22
(4) Protect public health and safety. 23
(M) The Commission or an authorized committee of the Commission 24
may direct revisions to a previously adopted Rule for purposes of correcting 25
typographical errors, errors in format, errors in consistency, or grammatical errors. 26
Public notice of any revisions shall be posted on the website of the Commission. The 27
revision shall be subject to challenge by any person for a period of thirty (30) days after 28
posting. The revision may be challenged only on grounds that the revision results in a 29
material change to a Rule. A challenge shall be made in writing and delivered to the 30
Commission prior to the end of the notice period. If no challenge is made, the revision 31
Enrolled HB 110 -114-
will take effect without further action. If the revision is challenged, the revision may not 1
take effect without the approval of the Commission. 2
(N) No Member State's rulemaking requirements shall apply under this 3
Compact. 4
SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 5
(A) Oversight 6
(1) The executive and judicial branches of State government in 7
each Member State shall enforce this Compact and take all actions necessary 8
and appropriate to implement the Compact. 9
(2) Except as otherwise provided in this Compact, venue is 10
proper and judicial proceedings by or against the Commission shall be brought 11
solely and exclusively in a court of competent jurisdiction where the principal 12
office of the Commission is located. The Commission may waive venue and 13
jurisdictional defenses to the extent it adopts or consents to participate in 14
alternative dispute resolution proceedings. Nothing herein shall affect or limit 15
the selection or propriety of venue in any action against a Licensee for 16
professional malpractice, misconduct or any such similar matter. 17
(3) The Commission shall be entitled to receive service of 18
process in any proceeding regarding the enforcement or interpretation of the 19
Compact and shall have standing to intervene in such a proceeding for all 20
purposes. Failure to provide the Commission service of process shall render a 21
judgment or order void as to the Commission, this Compact, or promulgated 22
Rules. 23
(B) Default, Technical Assistance, and Termination 24
(1) If the Commission determines that a Member State has 25
defaulted in the performance of its obligations or responsibilities under this 26
Compact or the promulgated Rules, the Commission shall provide written notice 27
to the defaulting State. The notice of default shall describe the default, the 28
proposed means of curing the default, and any other action that the Commission 29
may take, and shall offer training and specific technical assistance regarding the 30
default. 31
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(2) The Commission shall provide a copy of the notice of default 1
to the other Member States. 2
(C) If a State in default fails to cure the default, the defaulting State may 3
be terminated from the Compact upon an affirmative vote of a majority of the delegates 4
of the Member States, and all rights, privileges and benefits conferred on that State by 5
this Compact may be terminated on the effective date of termination. A cure of the 6
default does not relieve the offending State of obligations or liabilities incurred during 7
the period of default. 8
(D) Termination of membership in the Compact shall be imposed only 9
after all other means of securing compliance have been exhausted. Notice of intent to 10
suspend or terminate shall be given by the Commission to the governor, the majority 11
and minority leaders of the defaulting State's legislature, the defaulting State's State 12
Licensing Authority and each of the Member States' State Licensing Authority. 13
(E) A State that has been terminated is responsible for all assessments, 14
obligations, and liabilities incurred through the effective date of termination, including 15
obligations that extend beyond the effective date of termination. 16
(F) Upon the termination of a State's membership from this Compact, 17
that State shall immediately provide notice to all Licensees within that State of such 18
termination. The terminated State shall continue to recognize all licenses granted 19
pursuant to this Compact for a minimum of six (6) months after the date of said notice 20
of termination. 21
(G) The Commission shall not bear any costs related to a State that is 22
found to be in default or that has been terminated from the Compact, unless agreed upon 23
in writing between the Commission and the defaulting State. 24
(H) The defaulting State may appeal the action of the Commission by 25
petitioning the U.S. District Court for the District of Columbia or the federal district 26
where the Commission has its principal offices. The prevailing party shall be awarded 27
all costs of such litigation, including reasonable attorney's fees. 28
(I) Dispute Resolution 29
(1) Upon request by a Member State, the Commission shall 30
attempt to resolve disputes related to the Compact that arise among Member 31
Enrolled HB 110 -116-
States and between Member and non-Member States. 1
(2) The Commission shall promulgate a Rule providing for both 2
mediation and binding dispute resolution for disputes as appropriate. 3
(J) Enforcement 4
(1) By majority vote as provided by Rule, the Commission may 5
initiate legal action against a Member State in default in the United States 6
District Court for the District of Columbia or the federal district where the 7
Commission has its principal offices to enforce compliance with the provisions 8
of the Compact and its promulgated Rules. The relief sought may include both 9
injunctive relief and damages. In the event judicial enforcement is necessary, the 10
prevailing party shall be awarded all costs of such litigation, including 11
reasonable attorney's fees. The remedies herein shall not be the exclusive 12
remedies of the Commission. The Commission may pursue any other remedies 13
available under federal or the defaulting Member State's law. 14
(2) A Member State may initiate legal action against the 15
Commission in the U.S. District Court for the District of Columbia or the federal 16
district where the Commission has its principal offices to enforce compliance 17
with the provisions of the Compact and its promulgated Rules. The relief sought 18
may include both injunctive relief and damages. In the event judicial 19
enforcement is necessary, the prevailing party shall be awarded all costs of such 20
litigation, including reasonable attorney's fees. 21
(3) No person other than a Member State shall enforce this 22
Compact against the Commission. 23
SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. 24
(A) The Compact shall come into effect on the date on which the 25
Compact statute is enacted into law in the seventh Member State. 26
(1) On or after the effective date of the Compact, the 27
Commission shall convene and review the enactment of each of the first seven 28
Member States ("Charter Member States") to determine if the statute enacted by 29
each such Charter Member State is materially different than the model Compact 30
statute. 31
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(a) A Charter Member State whose enactment is found to 1
be materially different from the model Compact statute shall be entitled 2
to the default process set forth in Section 13. 3
(b) If any Member State is later found to be in default, or 4
is terminated or withdraws from the Compact, the Commission shall 5
remain in existence and the Compact shall remain in effect even if the 6
number of Member States should be less than seven. 7
(2) Member States enacting the Compact subsequent to the seven 8
initial Charter Member States shall be subject to the process set forth in Section 9
10(C)(21) to determine if their enactments are materially different from the 10
model Compact statute and whether they qualify for participation in the 11
Compact. 12
(3) All actions taken for the benefit of the Commission or in 13
furtherance of the purposes of the administration of the Compact prior to the 14
effective date of the Compact or the Commission coming into existence shall be 15
considered to be actions of the Commission unless specifically repudiated by the 16
Commission. 17
(4) Any State that joins the Compact subsequent to the 18
Commission's initial adoption of the Rules and bylaws shall be subject to the 19
Rules and bylaws as they exist on the date on which the Compact becomes law 20
in that State. Any Rule that has been previously adopted by the Commission 21
shall have the full force and effect of law on the day the Compact becomes law 22
in that State. 23
(B) Any Member State may withdraw from this Compact by enacting a 24
statute repealing the same. 25
(1) A Member State's withdrawal shall not take effect until 180 26
days after enactment of the repealing statute. 27
(2) Withdrawal shall not affect the continuing requirement of the 28
withdrawing State's Licensing Authority to comply with the investigative and 29
Adverse Action reporting requirements of this Compact prior to the effective 30
date of withdrawal. 31
Enrolled HB 110 -118-
(3) Upon the enactment of a statute withdrawing from this 1
Compact, a State shall immediately provide notice of such withdrawal to all 2
Licensees within that State. Notwithstanding any subsequent statutory 3
enactment to the contrary, such withdrawing State shall continue to recognize 4
all licenses granted pursuant to this Compact for a minimum of 180 days after 5
the date of such notice of withdrawal. 6
(C) Nothing contained in this Compact shall be construed to invalidate 7
or prevent any licensure agreement or other cooperative arrangement between a 8
Member State and a non-Member State that does not conflict with the provisions of this 9
Compact. 10
(D) This Compact may be amended by the Member States. No 11
amendment to this Compact shall become effective and binding upon any Member State 12
until it is enacted into the laws of all Member States. 13
SECTION 15. CONSTRUCTION AND SEVERABILITY. 14
(A) This Compact and the Commission's rulemaking authority shall be 15
liberally construed so as to effectuate the purposes, and the implementation and 16
administration of the Compact. Provisions of the Compact expressly authorizing or 17
requiring the promulgation of Rules shall not be construed to limit the Commission's 18
rulemaking authority solely for those purposes. 19
(B) The provisions of this Compact shall be severable and if any phrase, 20
clause, sentence or provision of this Compact is held by a court of competent jurisdiction 21
to be contrary to the constitution of any Member State, a State seeking participation in 22
the Compact, or of the United States, or the applicability thereof to any government, 23
agency, person or circumstance is held to be unconstitutional by a court of competent 24
jurisdiction, the validity of the remainder of this Compact and the applicability thereof 25
to any other government, agency, person or circumstance shall not be affected thereby. 26
(C) Notwithstanding subsection B of this section, the Commission may 27
deny a State's participation in the Compact or, in accordance with the requirements of 28
Section 13(B), terminate a Member State's participation in the Compact, if it determines 29
that a constitutional requirement of a Member State is a material departure from the 30
Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of 31
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any Member State, the Compact shall remain in full force and effect as to the remaining 1
Member States and in full force and effect as to the Member State affected as to all 2
severable matters. 3
SECTION 16. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. 4
(A) A Licensee providing services in a Remote State under a Multistate 5
Authorization to Practice shall adhere to the laws and regulations, including laws, 6
regulations, and applicable standards, of the Remote State where the client is located at 7
the time care is rendered. 8
(B) Nothing herein shall prevent or inhibit the enforcement of any other 9
law of a Member State that is not inconsistent with the Compact. 10
(C) Any laws, statutes, regulations, or other legal requirements in a 11
Member State in conflict with the Compact are superseded to the extent of the conflict. 12
(D) All permissible agreements between the Commission and the 13
Member States are binding in accordance with their terms. 14
* Sec. 22. AS 08.95.990 is amended by adding new paragraphs to read: 15
(8) "multistate authorization to practice" has the meaning given in 16
AS 08.95.200; 17
(9) "regulated social worker" has the meaning given in AS 08.95.200. 18
* Sec. 23. AS 09.55.560(2) is amended to read: 19
(2) "health care provider" means an acupuncturist licensed under 20
AS 08.06; an audiologist or speech-language pathologist licensed under AS 08.11; a 21
chiropractor licensed under AS 08.20; a dental hygienist licensed under AS 08.32; a 22
dentist licensed under AS 08.36; a nurse licensed under AS 08.68; a dispensing optician 23
licensed under AS 08.71; a naturopath licensed under AS 08.45; an optometrist licensed 24
under AS 08.72; a pharmacist licensed under AS 08.80; a physical therapist or 25
occupational therapist licensed under AS 08.84; a physician or physician assistant 26
licensed under AS 08.64; a podiatrist; a psychologist and a psychological associate 27
licensed under AS 08.86; a respiratory care practitioner licensed under AS 08.90; a 28
hospital as defined in AS 47.32.900, including a governmentally owned or operated 29
hospital; an employee of a health care provider acting within the course and scope of 30
employment; an ambulatory surgical facility and other organizations whose primary 31
Enrolled HB 110 -120-
purpose is the delivery of health care, including a health maintenance organization, 1
individual practice association, integrated delivery system, preferred provider 2
organization or arrangement, and a physical hospital organization; 3
* Sec. 24. AS 09.65.300(c)(1) is amended to read: 4
(1) "health care provider" means a physician, physician assistant, 5
dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse, practical 6
nurse, advanced practice registered nurse, naturopath, respiratory care practitioner, 7
physical therapist, occupational therapist, marital and family therapist, psychologist, 8
psychological associate, behavior analyst, assistant behavior analyst, licensed clinical 9
social worker, athletic trainer, certified direct-entry midwife, licensed professional 10
counselor, or licensed associate counselor; 11
* Sec. 25. AS 12.62.400(a) is amended by adding new paragraphs to read: 12
(26) expedited licensure as a physician or osteopath under 13
AS 08.64.253; 14
(27) licensure as a physician assistant under AS 08.64.107, including a 15
compact privilege under AS 08.64.254; 16
(28) licensure as a psychologist under AS 08.86, including an authority 17
to practice under AS 08.86.225; 18
(29) certification or licensure as an emergency medical technician or 19
mobile intensive care paramedic under AS 18.08 or as an advanced emergency medical 20
technician under regulations adopted under AS 18.08, including a privilege to practice 21
under AS 18.08.105. 22
* Sec. 26. AS 12.62.400(a), as amended by sec. 25 of this Act, is amended by adding a new 23
paragraph to read: 24
(30) multistate licensure as a social worker under AS 08.95.200. 25
* Sec. 27. AS 14.30.141(e) is amended to read: 26
(e) In this section, "health care provider" means a licensed physician, advanced 27
practice registered nurse, respiratory care practitioner, physician assistant, village 28
health aide, or pharmacist operating within the scope of the health care provider's 29
authority. 30
* Sec. 28. AS 18.08.082 is amended by adding new subsections to read: 31
-121- Enrolled HB 110
(d) An applicant for a license or certificate as an emergency medical technician 1
or mobile intensive care paramedic under this section or as an advanced emergency 2
medical technician under regulations adopted under this chapter shall submit to the 3
department the applicant's fingerprints and the fees required by the Department of 4
Public Safety under AS 12.62.160 for criminal justice information and a national 5
criminal history record check. The department shall forward the fingerprints and fees to 6
the Department of Public Safety to obtain a report of criminal justice information under 7
AS 12.62 and a national criminal history record check under AS 12.62.400. Criminal 8
justice information and criminal history record information obtained under this 9
subsection may only be used by the department for the purpose of determining an 10
applicant's qualifications and fitness for a license or privilege to practice under this 11
chapter. 12
(e) The department shall implement the recognition of EMS personnel licensure 13
interstate compact under AS 18.08.105. 14
* Sec. 29. AS 18.08 is amended by adding a new section to read: 15
Sec. 18.08.105. Recognition of EMS personnel licensure interstate compact. 16
The recognition of EMS personnel licensure interstate compact as contained in this 17
section is enacted into law and entered into on behalf of the state with all other states 18
and jurisdictions legally joining it in a form substantially as follows: 19
SECTION 1. PURPOSE. 20
In order to protect the public through verification of competency and ensure 21
accountability for patient care related activities all states license emergency medical 22
services (EMS) personnel, such as emergency medical technicians (EMTs), advanced 23
EMTs and paramedics. This Compact is intended to facilitate the day-to-day movement 24
of EMS personnel across state boundaries in the performance of their EMS duties as 25
assigned by an appropriate authority and authorize state EMS offices to afford 26
immediate legal recognition to EMS personnel licensed in a member state. This 27
Compact recognizes that states have a vested interest in protecting the public's health 28
and safety through their licensing and regulation of EMS personnel and that such state 29
regulation shared among the member states will best protect public health and safety. 30
This Compact is designed to achieve the following purposes and objectives: 31
Enrolled HB 110 -122-
(1) increase public access to EMS personnel; 1
(2) enhance the states' ability to protect the public's health and safety, 2
especially patient safety; 3
(3) encourage the cooperation of member states in the areas of EMS 4
personnel licensure and regulation; 5
(4) support licensing of military members who are separating from an 6
active-duty tour and their spouses; 7
(5) facilitate the exchange of information between member states 8
regarding EMS personnel licensure, adverse action and significant investigatory 9
information; 10
(6) promote compliance with the laws governing EMS personnel 11
practice in each member state; and 12
(7) invest all member states with the authority to hold EMS personnel 13
accountable through the mutual recognition of member state licenses. 14
SECTION 2. DEFINITIONS. 15
In this Compact: 16
(A) "Advanced Emergency Medical Technician" and "AEMT" mean: an 17
individual licensed with cognitive knowledge and a scope of practice that corresponds 18
to that level in the National EMS Education Standards and National EMS Scope of 19
Practice Model. 20
(B) "Adverse Action" means: any administrative, civil, equitable or criminal 21
action permitted by a state's laws which may be imposed against licensed EMS 22
personnel by a state EMS authority or state court, including, but not limited to, actions 23
against an individual's license such as revocation, suspension, probation, consent 24
agreement, monitoring or other limitation or encumbrance on the individual's practice, 25
letters of reprimand or admonition, fines, criminal convictions and state court judgments 26
enforcing adverse actions by the state EMS authority. 27
(C) "Alternative program" means: a voluntary, non-disciplinary substance 28
abuse recovery program approved by a state EMS authority. 29
(D) "Certification" means: the successful verification of entry-level cognitive 30
and psychomotor competency using a reliable, validated, and legally defensible 31
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examination. 1
(E) "Commission" means: the national administrative body of which all states 2
that have enacted the Compact are members. 3
(F) "Emergency Medical Technician" and "EMT" mean: an individual licensed 4
with cognitive knowledge and a scope of practice that corresponds to that level in the 5
National EMS Education Standards and National EMS Scope of Practice Model. 6
(G) "Home State" means: a member state where an individual is licensed to 7
practice emergency medical services. 8
(H) "License" means: the authorization by a state for an individual to practice 9
as an EMT, AEMT, paramedic, or a level in between EMT and paramedic. 10
(I) "Medical Director" means: a physician licensed in a member state who is 11
accountable for the care delivered by EMS personnel. 12
(J) "Member State" means: a state that has enacted this Compact. 13
(K) "Paramedic" means: an individual licensed with cognitive knowledge and 14
a scope of practice that corresponds to that level in the National EMS Education 15
Standards and National EMS Scope of Practice Model. 16
(L) "Privilege to Practice" means: an individual's authority to deliver emergency 17
medical services in remote states as authorized under this Compact. 18
(M) "Remote State" means: a member state in which an individual is not 19
licensed. 20
(N) "Restricted" means: the outcome of an adverse action that limits a license 21
or the privilege to practice. 22
(O) "Rule" means: a written statement by the interstate Commission 23
promulgated pursuant to Section 12 of this Compact that is of general applicability; 24
implements, interprets, or prescribes a policy or provision of the Compact; or is an 25
organizational, procedural, or practice requirement of the Commission and has the force 26
and effect of statutory law in a member state and includes the amendment, repeal, or 27
suspension of an existing rule. 28
(P) "Scope of Practice" means: defined parameters of various duties or services 29
that may be provided by an individual with specific credentials. Whether regulated by 30
rule, statute, or court decision, it tends to represent the limits of services an individual 31
Enrolled HB 110 -124-
may perform. 1
(Q) "Significant Investigatory Information" means: 2
(1) investigative information that a state EMS authority, after a 3
preliminary inquiry that includes notification and an opportunity to respond if required 4
by state law, has reason to believe, if proved true, would result in the imposition of an 5
adverse action on a license or privilege to practice; or 6
(2) investigative information that indicates that the individual represents 7
an immediate threat to public health and safety regardless of whether the individual has 8
been notified and had an opportunity to respond. 9
(R) "State" means: any state, commonwealth, district, or territory of the United 10
States. 11
(S) "State EMS Authority" means: the board, office, or other agency with the 12
legislative mandate to license EMS personnel. 13
SECTION 3. HOME STATE LICENSURE. 14
(A) Any member state in which an individual holds a current license shall be 15
deemed a home state for purposes of this Compact. 16
(B) Any member state may require an individual to obtain and retain a license 17
to be authorized to practice in the member state under circumstances not authorized by 18
the privilege to practice under the terms of this Compact. 19
(C) A home state's license authorizes an individual to practice in a remote state 20
under the privilege to practice only if the home state: 21
(1) Currently requires the use of the National Registry of Emergency 22
Medical Technicians (NREMT) examination as a condition of issuing initial licenses at 23
the EMT and paramedic levels; 24
(2) Has a mechanism in place for receiving and investigating complaints 25
about individuals; 26
(3) Notifies the Commission, in compliance with the terms herein, of 27
any adverse action or significant investigatory information regarding an individual; 28
(4) No later than five years after activation of the Compact, requires a 29
criminal background check of all applicants for initial licensure, including the use of the 30
results of fingerprint or other biometric data checks compliant with the requirements of 31
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the Federal Bureau of Investigation with the exception of federal employees who have 1
suitability determination in accordance with 5 C.F.R. 731.202 and submit 2
documentation of such as promulgated in the rules of the Commission; and 3
(5) Complies with the rules of the Commission. 4
SECTION 4. COMPACT PRIVILEGE TO PRACTICE. 5
(A) Member states shall recognize the privilege to practice of an individual 6
licensed in another member state that is in conformance with Section 3. 7
(B) To exercise the privilege to practice under the terms and provisions of this 8
Compact, an individual must: 9
(1) Be at least 18 years of age; 10
(2) Possess a current unrestricted license in a member state as an EMT, 11
AEMT, paramedic, or state recognized and licensed level with a scope of practice and 12
authority between EMT and paramedic; and 13
(3) Practice under the supervision of a medical director. 14
(C) An individual providing patient care in a remote state under the privilege to 15
practice shall function within the scope of practice authorized by the home state unless 16
and until modified by an appropriate authority in the remote state as may be defined in 17
the rules of the commission. 18
(D) Except as provided in Section 4(C), an individual practicing in a remote 19
state will be subject to the remote state's authority and laws. A remote state may, in 20
accordance with due process and that state's laws, restrict, suspend, or revoke an 21
individual's privilege to practice in the remote state and may take any other necessary 22
actions to protect the health and safety of its citizens. If a remote state takes action it 23
shall promptly notify the home state and the Commission. 24
(E) If an individual's license in any home state is restricted or suspended, the 25
individual shall not be eligible to practice in a remote state under the privilege to practice 26
until the individual's home state license is restored. 27
(F) If an individual's privilege to practice in any remote state is restricted, 28
suspended, or revoked the individual shall not be eligible to practice in any remote state 29
until the individual's privilege to practice is restored. 30
SECTION 5. CONDITIONS OF PRACTICE IN A REMOTE STATE. 31
Enrolled HB 110 -126-
An individual may practice in a remote state under a privilege to practice only 1
in the performance of the individual's EMS duties as assigned by an appropriate 2
authority, as defined in the rules of the Commission, and under the following 3
circumstances: 4
(1) The individual originates a patient transport in a home state and 5
transports the patient to a remote state; 6
(2) The individual originates in the home state and enters a remote state 7
to pick up a patient and provide care and transport of the patient to the home state; 8
(3) The individual enters a remote state to provide patient care and/or 9
transport within that remote state; 10
(4) The individual enters a remote state to pick up a patient and provide 11
care and transport to a third member state; 12
(5) Other conditions as determined by rules promulgated by the 13
commission. 14
SECTION 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE 15
COMPACT. 16
Upon a member state's governor's declaration of a state of emergency or disaster 17
that activates the Emergency Management Assistance Compact (EMAC), all relevant 18
terms and provisions of EMAC shall apply and to the extent any terms or provisions of 19
this Compact conflicts with EMAC, the terms of EMAC shall prevail with respect to 20
any individual practicing in the remote state in response to such declaration. 21
SECTION 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE-DUTY 22
MILITARY, AND THEIR SPOUSES. 23
(A) Member states shall consider a veteran, active military service member, and 24
member of the National Guard and Reserves separating from an active-duty tour, and a 25
spouse thereof, who holds a current valid and unrestricted NREMT certification at or 26
above the level of the state license being sought as satisfying the minimum training and 27
examination requirements for such licensure. 28
(B) Member states shall expedite the processing of licensure applications 29
submitted by veterans, active military service members, and members of the National 30
Guard and Reserves separating from an active-duty tour, and their spouses. 31
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(C) All individuals functioning with a privilege to practice under this Section 1
remain subject to the Adverse Actions provisions of Section 8. 2
SECTION 8. ADVERSE ACTIONS. 3
(A) A home state shall have exclusive power to impose adverse action against 4
an individual's license issued by the home state. 5
(B) If an individual's license in any home state is restricted or suspended, the 6
individual shall not be eligible to practice in a remote state under the privilege to practice 7
until the individual's home state license is restored. 8
(1) All home state adverse action orders shall include a statement that 9
the individual's Compact privileges are inactive. The order may allow the individual to 10
practice in remote states with prior written authorization from both the home state and 11
remote state's EMS authority. 12
(2) An individual currently subject to adverse action in the home state 13
shall not practice in any remote state without prior written authorization from both the 14
home state and remote state's EMS authority. 15
(C) A member state shall report adverse actions and any occurrences that the 16
individual's Compact privileges are restricted, suspended, or revoked to the Commission 17
in accordance with the rules of the Commission. 18
(D) A remote state may take adverse action on an individual's privilege to 19
practice within that state. 20
(E) Any member state may take adverse action against an individual's privilege 21
to practice in that state based on the factual findings of another member state, so long 22
as each state follows its own procedures for imposing such adverse action. 23
(F) A home state's EMS authority shall investigate and take appropriate action 24
with respect to reported conduct in a remote state as it would if such conduct had 25
occurred within the home state. In such cases, the home state's law shall control in 26
determining the appropriate adverse action. 27
(G) Nothing in this Compact shall override a member state's decision that 28
participation in an alternative program may be used in lieu of adverse action and that 29
such participation shall remain non-public if required by the member state's laws. 30
Member states must require individuals who enter any alternative programs to agree not 31
Enrolled HB 110 -128-
to practice in any other member state during the term of the alternative program without 1
prior authorization from such other member state. 2
SECTION 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE'S EMS 3
AUTHORITY. 4
A member state's EMS authority, in addition to any other powers granted under 5
state law, is authorized under this Compact to: 6
(1) Issue subpoenas for both hearings and investigations that require the 7
attendance and testimony of witnesses and the production of evidence. Subpoenas 8
issued by a member state's EMS authority for the attendance and testimony of witnesses, 9
and/or the production of evidence from another member state, shall be enforced in the 10
remote state by any court of competent jurisdiction, according to that court's practice 11
and procedure in considering subpoenas issued in its own proceedings. The issuing state 12
EMS authority shall pay any witness fees, travel expenses, mileage, and other fees 13
required by the service statutes of the state where the witnesses and/or evidence are 14
located; and 15
(2) Issue cease and desist orders to restrict, suspend, or revoke an 16
individual's privilege to practice in the state. 17
SECTION 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR EMS 18
PERSONNEL PRACTICE. 19
(A) The Compact states hereby create and establish a joint public agency known 20
as the Interstate Commission for EMS Personnel Practice. 21
(1) The Commission is a body politic and an instrumentality of the 22
Compact states. 23
(2) Venue is proper and judicial proceedings by or against the 24
Commission shall be brought solely and exclusively in a court of competent jurisdiction 25
where the principal office of the Commission is located. The Commission may waive 26
venue and jurisdictional defenses to the extent it adopts or consents to participate in 27
alternative dispute resolution proceedings. 28
(3) Nothing in this Compact shall be construed to be a waiver of 29
sovereign immunity. 30
(B) Membership, Voting, and Meetings. 31
-129- Enrolled HB 110
(1) Each member state shall have and be limited to one (1) delegate. The 1
responsible official of the state EMS authority or his designee shall be the delegate to 2
this Compact for each member state. Any delegate may be removed or suspended from 3
office as provided by the law of the state from which the delegate is appointed. Any 4
vacancy occurring in the Commission shall be filled in accordance with the laws of the 5
member state in which the vacancy exists. In the event that more than one board, office, 6
or other agency with the legislative mandate to license EMS personnel at and above the 7
level of EMT exists, the Governor of the state will determine which entity will be 8
responsible for assigning the delegate. 9
(2) Each delegate shall be entitled to one (1) vote with regard to the 10
promulgation of rules and creation of bylaws and shall otherwise have an opportunity 11
to participate in the business and affairs of the Commission. A delegate shall vote in 12
person or by such other means as provided in the bylaws. The bylaws may provide for 13
delegates' participation in meetings by telephone or other means of communication. 14
(3) The Commission shall meet at least once during each calendar year. 15
Additional meetings shall be held as set forth in the bylaws. 16
(4) All meetings shall be open to the public, and public notice of 17
meetings shall be given in the same manner as required under the rulemaking provisions 18
in Section 12. 19
(5) The Commission may convene in a closed, non-public meeting if the 20
Commission must discuss: 21
(a) Non-compliance of a member state with its obligations under 22
the Compact; 23
(b) The employment, compensation, discipline or other 24
personnel matters, practices or procedures related to specific employees or other 25
matters related to the Commission's internal personnel practices and procedures; 26
(c) Current, threatened, or reasonably anticipated litigation; 27
(d) Negotiation of contracts for the purchase or sale of goods, 28
services, or real estate; 29
(e) Accusing any person of a crime or formally censuring any 30
person; 31
Enrolled HB 110 -130-
(f) Disclosure of trade secrets or commercial or financial 1
information that is privileged or confidential; 2
(g) Disclosure of information of a personal nature where 3
disclosure would constitute a clearly unwarranted invasion of personal privacy; 4
(h) Disclosure of investigatory records compiled for law 5
enforcement purposes; 6
(i) Disclosure of information related to any investigatory reports 7
prepared by or on behalf of or for use of the Commission or other committee 8
charged with responsibility of investigation or determination of compliance 9
issues pursuant to the Compact; or 10
(j) Matters specifically exempted from disclosure by federal or 11
member state statute. 12
(6) If a meeting, or portion of a meeting, is closed pursuant to this 13
provision, the Commission's legal counsel or designee shall certify that the meeting may 14
be closed and shall reference each relevant exempting provision. The Commission shall 15
keep minutes that fully and clearly describe all matters discussed in a meeting and shall 16
provide a full and accurate summary of actions taken, and the reasons therefore, 17
including a description of the views expressed. All documents considered in connection 18
with an action shall be identified in such minutes. All minutes and documents of a closed 19
meeting shall remain under seal, subject to release by a majority vote of the Commission 20
or order of a court of competent jurisdiction. 21
(C) The Commission shall, by a majority vote of the delegates, prescribe bylaws 22
and/or rules to govern its conduct as may be necessary or appropriate to carry out the 23
purposes and exercise the powers of the Compact, including but not limited to: 24
(1) Establishing the fiscal year of the Commission; 25
(2) Providing reasonable standards and procedures: 26
(a) for the establishment and meetings of other committees; and 27
(b) governing any general or specific delegation of any authority 28
or function of the Commission; 29
(3) Providing reasonable procedures for calling and conducting 30
meetings of the Commission, ensuring reasonable advance notice of all meetings, and 31
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providing an opportunity for attendance of such meetings by interested parties, with 1
enumerated exceptions designed to protect the public's interest, the privacy of 2
individuals, and proprietary information, including trade secrets. The Commission may 3
meet in closed session only after a majority of the membership votes to close a meeting 4
in whole or in part. As soon as practicable, the Commission must make public a copy 5
of the vote to close the meeting revealing the vote of each member with no proxy votes 6
allowed; 7
(4) Establishing the titles, duties and authority, and reasonable 8
procedures for the election of the officers of the Commission; 9
(5) Providing reasonable standards and procedures for the establishment 10
of the personnel policies and programs of the Commission. Notwithstanding any civil 11
service or other similar laws of any member state, the bylaws shall exclusively govern 12
the personnel policies and programs of the Commission; 13
(6) Promulgating a code of ethics to address permissible and prohibited 14
activities of Commission members and employees; 15
(7) Providing a mechanism for winding up the operations of the 16
Commission and the equitable disposition of any surplus funds that may exist after the 17
termination of the Compact after the payment and/or reserving of all of its debts and 18
obligations; 19
(8) The Commission shall publish its bylaws and file a copy thereof, and 20
a copy of any amendment thereto, with the appropriate agency or officer in each of the 21
member states, if any; 22
(9) The Commission shall maintain its financial records in accordance 23
with the bylaws; 24
(10) The Commission shall meet and take such actions as are consistent 25
with the provisions of this Compact and the bylaws. 26
(D) The Commission shall have the following powers: 27
(1) The authority to promulgate uniform rules to facilitate and 28
coordinate implementation and administration of this Compact. The rules shall have the 29
force and effect of law and shall be binding in all member states; 30
(2) To bring and prosecute legal proceedings or actions in the name of 31
Enrolled HB 110 -132-
the Commission, provided that the standing of any state EMS authority or other 1
regulatory body responsible for EMS personnel licensure to sue or be sued under 2
applicable law shall not be affected; 3
(3) To purchase and maintain insurance and bonds; 4
(4) To borrow, accept, or contract for services of personnel, including, 5
but not limited to, employees of a member state; 6
(5) To hire employees, elect or appoint officers, fix compensation, 7
define duties, grant such individuals appropriate authority to carry out the purposes of 8
the Compact, and to establish the Commission's personnel policies and programs 9
relating to conflicts of interest, qualifications of personnel, and other related personnel 10
matters; 11
(6) To accept any and all appropriate donations and grants of money, 12
equipment, supplies, materials and services, and to receive, utilize and dispose of the 13
same; provided that at all times the Commission shall strive to avoid any appearance of 14
impropriety and/or conflict of interest; 15
(7) To lease, purchase, accept appropriate gifts or donations of, or 16
otherwise to own, hold, improve or use, any property, real, personal or mixed; provided 17
that at all times the Commission shall strive to avoid any appearance of impropriety; 18
(8) To sell, convey, mortgage, pledge, lease, exchange, abandon, or 19
otherwise dispose of any property real, personal, or mixed; 20
(9) To establish a budget and make expenditures; 21
(10) To borrow money; 22
(11) To appoint committees, including advisory committees comprised 23
of members, state regulators, state legislators or their representatives, and consumer 24
representatives, and such other interested persons as may be designated in this Compact 25
and the bylaws; 26
(12) To provide and receive information from, and to cooperate with, 27
law enforcement agencies; 28
(13) To adopt and use an official seal; and 29
(14) To perform such other functions as may be necessary or appropriate 30
to achieve the purposes of this Compact consistent with the state regulation of EMS 31
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personnel licensure and practice. 1
(E) Financing of the Commission. 2
(1) The Commission shall pay, or provide for the payment of, the 3
reasonable expenses of its establishment, organization, and ongoing activities. 4
(2) The Commission may accept any and all appropriate revenue 5
sources, donations, and grants of money, equipment, supplies, materials, and services. 6
(3) The Commission may levy on and collect an annual assessment from 7
each member state or impose fees on other parties to cover the cost of the operations 8
and activities of the Commission and its staff, which must be in a total amount sufficient 9
to cover its annual budget as approved each year for which revenue is not provided by 10
other sources. The aggregate annual assessment amount shall be allocated based upon a 11
formula to be determined by the Commission, which shall promulgate a rule binding 12
upon all member states. 13
(4) The Commission shall not incur obligations of any kind prior to 14
securing the funds adequate to meet the same; nor shall the Commission pledge the 15
credit of any of the member states, except by and with the authority of the member state. 16
(5) The Commission shall keep accurate accounts of all receipts and 17
disbursements. The receipts and disbursements of the Commission shall be subject to 18
the audit and accounting procedures established under its bylaws. However, all receipts 19
and disbursements of funds handled by the Commission shall be audited yearly by a 20
certified or licensed public accountant, and the report of the audit shall be included in 21
and become part of the annual report of the Commission. 22
(F) Qualified Immunity, Defense, and Indemnification. 23
(1) The members, officers, executive director, employees and 24
representatives of the Commission shall be immune from suit and liability, either 25
personally or in their official capacity, for any claim for damage to or loss of property 26
or personal injury or other civil liability caused by or arising out of any actual or alleged 27
act, error or omission that occurred, or that the person against whom the claim is made 28
had a reasonable basis for believing occurred within the scope of Commission 29
employment, duties or responsibilities; provided that nothing in this paragraph shall be 30
construed to protect any such person from suit and/or liability for any damage, loss, 31
Enrolled HB 110 -134-
injury, or liability caused by the intentional or willful or wanton misconduct of that 1
person. 2
(2) The Commission shall defend any member, officer, executive 3
director, employee or representative of the Commission in any civil action seeking to 4
impose liability arising out of any actual or alleged act, error, or omission that occurred 5
within the scope of Commission employment, duties, or responsibilities, or that the 6
person against whom the claim is made had a reasonable basis for believing occurred 7
within the scope of Commission employment, duties, or responsibilities; provided that 8
nothing herein shall be construed to prohibit that person from retaining his or her own 9
counsel; and provided further, that the actual or alleged act, error, or omission did not 10
result from that person's intentional or willful or wanton misconduct. 11
(3) The Commission shall indemnify and hold harmless any member, 12
officer, executive director, employee, or representative of the Commission for the 13
amount of any settlement or judgment obtained against that person arising out of any 14
actual or alleged act, error or omission that occurred within the scope of Commission 15
employment, duties, or responsibilities, or that such person had a reasonable basis for 16
believing occurred within the scope of Commission employment, duties, or 17
responsibilities, provided that the actual or alleged act, error, or omission did not result 18
from the intentional or willful or wanton misconduct of that person. 19
SECTION 11. COORDINATED DATABASE. 20
(A) The Commission shall provide for the development and maintenance of a 21
coordinated database and reporting system containing licensure, adverse action, and 22
significant investigatory information on all licensed individuals in member states. 23
(B) Notwithstanding any other provision of state law to the contrary, a member 24
state shall submit a uniform data set to the coordinated database on all individuals to 25
whom this Compact is applicable as required by the rules of the Commission, including: 26
(1) Identifying information; 27
(2) Licensure data; 28
(3) Significant investigatory information; 29
(4) Adverse actions against an individual's license; 30
(5) An indicator that an individual's privilege to practice is restricted, 31
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suspended or revoked; 1
(6) Non-confidential information related to alternative program 2
participation; 3
(7) Any denial of application for licensure, and the reason(s) for such 4
denial; and 5
(8) Other information that may facilitate the administration of this 6
Compact, as determined by the rules of the Commission. 7
(C) The coordinated database administrator shall promptly notify all member 8
states of any adverse action taken against, or significant investigative information on, 9
any individual in a member state. 10
(D) Member states contributing information to the coordinated database may 11
designate information that may not be shared with the public without the express 12
permission of the contributing state. 13
(E) Any information submitted to the coordinated database that is subsequently 14
required to be expunged by the laws of the member state contributing the information 15
shall be removed from the coordinated database. 16
SECTION 12. RULEMAKING. 17
(A) The Commission shall exercise its rulemaking powers pursuant to the 18
criteria set forth in this Section and the rules adopted thereunder. Rules and amendments 19
shall become binding as of the date specified in each rule or amendment. 20
(B) If a majority of the legislatures of the member states rejects a rule, by 21
enactment of a statute or resolution in the same manner used to adopt the Compact, then 22
such rule shall have no further force and effect in any member state. 23
(C) Rules or amendments to the rules shall be adopted at a regular or special 24
meeting of the Commission. 25
(D) Prior to promulgation and adoption of a final rule or rules by the 26
Commission, and at least sixty (60) days in advance of the meeting at which the rule 27
will be considered and voted upon, the Commission shall file a Notice of Proposed 28
Rulemaking: 29
(1) On the website of the Commission; and 30
(2) On the website of each member state EMS authority or the 31
Enrolled HB 110 -136-
publication in which each state would otherwise publish proposed rules. 1
(E) The Notice of Proposed Rulemaking shall include: 2
(1) The proposed time, date, and location of the meeting in which the 3
rule will be considered and voted upon; 4
(2) The text of the proposed rule or amendment and the reason for the 5
proposed rule; 6
(3) A request for comments on the proposed rule from any interested 7
person; and 8
(4) The manner in which interested persons may submit notice to the 9
Commission of their intention to attend the public hearing and any written comments. 10
(F) Prior to adoption of a proposed rule, the Commission shall allow persons to 11
submit written data, facts, opinions, and arguments, which shall be made available to 12
the public. 13
(G) The Commission shall grant an opportunity for a public hearing before it 14
adopts a rule or amendment if a hearing is requested by: 15
(1) At least twenty-five (25) persons; 16
(2) A governmental subdivision or agency; or 17
(3) An association having at least twenty-five (25) members. 18
(H) If a hearing is held on the proposed rule or amendment, the Commission 19
shall publish the place, time, and date of the scheduled public hearing. 20
(1) All persons wishing to be heard at the hearing shall notify the 21
executive director of the Commission or other designated member in writing of their 22
desire to appear and testify at the hearing not less than five (5) business days before the 23
scheduled date of the hearing. 24
(2) Hearings shall be conducted in a manner providing each person who 25
wishes to comment a fair and reasonable opportunity to comment orally or in writing. 26
(3) No transcript of the hearing is required, unless a written request for 27
a transcript is made, in which case the person requesting the transcript shall bear the 28
cost of producing the transcript. A recording may be made in lieu of a transcript under 29
the same terms and conditions as a transcript. This subsection shall not preclude the 30
Commission from making a transcript or recording of the hearing if it so chooses. 31
-137- Enrolled HB 110
(4) Nothing in this section shall be construed as requiring a separate 1
hearing on each rule. Rules may be grouped for the convenience of the Commission at 2
hearings required by this section. 3
(I) Following the scheduled hearing date, or by the close of business on the 4
scheduled hearing date if the hearing was not held, the Commission shall consider all 5
written and oral comments received. 6
(J) The Commission shall, by majority vote of all members, take final action on 7
the proposed rule and shall determine the effective date of the rule, if any, based on the 8
rulemaking record and the full text of the rule. 9
(K) If no written notice of intent to attend the public hearing by interested parties 10
is received, the Commission may proceed with promulgation of the proposed rule 11
without a public hearing. 12
(L) Upon determination that an emergency exists, the Commission may 13
consider and adopt an emergency rule without prior notice, opportunity for comment, 14
or hearing, provided that the usual rulemaking procedures provided in the Compact and 15
in this section shall be retroactively applied to the rule as soon as reasonably possible, 16
in no event later than ninety (90) days after the effective date of the rule. For the 17
purposes of this provision, an emergency rule is one that must be adopted immediately 18
in order to: 19
(1) Meet an imminent threat to public health, safety, or welfare; 20
(2) Prevent a loss of Commission or member state funds; 21
(3) Meet a deadline for the promulgation of an administrative rule that 22
is established by federal law or rule; or 23
(4) Protect public health and safety. 24
(M) The Commission or an authorized committee of the Commission may direct 25
revisions to a previously adopted rule or amendment for purposes of correcting 26
typographical errors, errors in format, errors in consistency, or grammatical errors. 27
Public notice of any revisions shall be posted on the website of the Commission. The 28
revision shall be subject to challenge by any person for a period of thirty (30) days after 29
posting. The revision may be challenged only on grounds that the revision results in a 30
material change to a rule. A challenge shall be made in writing, and delivered to the 31
Enrolled HB 110 -138-
chair of the Commission prior to the end of the notice period. If no challenge is made, 1
the revision will take effect without further action. If the revision is challenged, the 2
revision may not take effect without the approval of the Commission. 3
SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 4
(A) Oversight. 5
(1) The executive, legislative, and judicial branches of state government 6
in each member state shall enforce this Compact and take all actions necessary and 7
appropriate to effectuate the Compact's purposes and intent. The provisions of this 8
Compact and the rules promulgated hereunder shall have standing as statutory law. 9
(2) All courts shall take judicial notice of the Compact and the rules in 10
any judicial or administrative proceeding in a member state pertaining to the subject 11
matter of this Compact which may affect the powers, responsibilities or actions of the 12
Commission. 13
(3) The Commission shall be entitled to receive service of process in 14
any such proceeding, and shall have standing to intervene in such a proceeding for all 15
purposes. Failure to provide service of process to the Commission shall render a 16
judgment or order void as to the Commission, this Compact, or promulgated rules. 17
(B) Default, Technical Assistance, and Termination. 18
(1) If the Commission determines that a member state has defaulted in 19
the performance of its obligations or responsibilities under this Compact or the 20
promulgated rules, the Commission shall: 21
(a) Provide written notice to the defaulting state and other 22
member states of the nature of the default, the proposed means of curing the 23
default and/or any other action to be taken by the Commission; and 24
(b) Provide remedial training and specific technical assistance 25
regarding the default. 26
(2) If a state in default fails to cure the default, the defaulting state may 27
be terminated from the Compact upon an affirmative vote of a majority of the member 28
states, and all rights, privileges and benefits conferred by this Compact may be 29
terminated on the effective date of termination. A cure of the default does not relieve 30
the offending state of obligations or liabilities incurred during the period of default. 31
-139- Enrolled HB 110
(3) Termination of membership in the Compact shall be imposed only 1
after all other means of securing compliance have been exhausted. Notice of intent to 2
suspend or terminate shall be given by the Commission to the governor, the majority 3
and minority leaders of the defaulting state's legislature, and each of the member states. 4
(4) A state that has been terminated is responsible for all assessments, 5
obligations, and liabilities incurred through the effective date of termination, including 6
obligations that extend beyond the effective date of termination. 7
(5) The Commission shall not bear any costs related to a state that is 8
found to be in default or that has been terminated from the Compact, unless agreed upon 9
in writing between the Commission and the defaulting state. 10
(6) The defaulting state may appeal the action of the Commission by 11
petitioning the U.S. District Court for the District of Columbia or the federal district 12
where the Commission has its principal offices. The prevailing member shall be 13
awarded all costs of such litigation, including reasonable attorney's fees. 14
(C) Dispute Resolution. 15
(1) Upon request by a member state, the Commission shall attempt to 16
resolve disputes related to the Compact that arise among member states and between 17
member and non-member states. 18
(2) The Commission shall promulgate a rule providing for both 19
mediation and binding dispute resolution for disputes as appropriate. 20
(D) Enforcement. 21
(1) The Commission, in the reasonable exercise of its discretion, shall 22
enforce the provisions and rules of this Compact. 23
(2) By majority vote, the Commission may initiate legal action in the 24
United States District Court for the District of Columbia or the federal district where 25
the Commission has its principal offices against a member state in default to enforce 26
compliance with the provisions of the Compact and its promulgated rules and bylaws. 27
The relief sought may include both injunctive relief and damages. In the event judicial 28
enforcement is necessary, the prevailing member shall be awarded all costs of such 29
litigation, including reasonable attorney's fees. 30
(3) The remedies herein shall not be the exclusive remedies of the 31
Enrolled HB 110 -140-
Commission. The Commission may pursue any other remedies available under federal 1
or state law. 2
SECTION 14. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION 3
FOR EMS PERSONNEL PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, 4
AND AMENDMENT. 5
(A) The Compact shall come into effect on the date on which the Compact 6
statute is enacted into law in the tenth member state. The provisions, which become 7
effective at that time, shall be limited to the powers granted to the Commission relating 8
to assembly and the promulgation of rules. Thereafter, the Commission shall meet and 9
exercise rulemaking powers necessary to the implementation and administration of the 10
Compact. 11
(B) Any state that joins the Compact subsequent to the Commission's initial 12
adoption of the rules shall be subject to the rules as they exist on the date on which the 13
Compact becomes law in that state. Any rule that has been previously adopted by the 14
Commission shall have the full force and effect of law on the day the Compact becomes 15
law in that state. 16
(C) Any member state may withdraw from this Compact by enacting a statute 17
repealing the same. 18
(1) A member state's withdrawal shall not take effect until six (6) months 19
after enactment of the repealing statute. 20
(2) Withdrawal shall not affect the continuing requirement of the 21
withdrawing state's EMS authority to comply with the investigative and adverse action 22
reporting requirements of this act prior to the effective date of withdrawal. 23
(D) Nothing contained in this Compact shall be construed to invalidate or 24
prevent any EMS personnel licensure agreement or other cooperative arrangement 25
between a member state and a non-member state that does not conflict with the 26
provisions of this Compact. 27
(E) This Compact may be amended by the member states. No amendment to 28
this Compact shall become effective and binding upon any member state until it is 29
enacted into the laws of all member states. 30
SECTION 15. CONSTRUCTION AND SEVERABILITY. 31
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This Compact shall be liberally construed so as to effectuate the purposes 1
thereof. If this Compact shall be held contrary to the constitution of any state member 2
thereto, the Compact shall remain in full force and effect as to the remaining member 3
states. Nothing in this Compact supersedes state law or rules related to licensure of EMS 4
agencies. 5
* Sec. 30. AS 21.36.090(d) is amended to read: 6
(d) Except to the extent necessary to comply with AS 21.42.365 and AS 21.56, 7
a person may not practice or permit unfair discrimination against a person who provides 8
a service covered under a group health insurance policy that extends coverage on an 9
expense incurred basis, or under a group service or indemnity type contract issued by a 10
health maintenance organization or a nonprofit corporation, if the service is within the 11
scope of the provider's occupational license. In this subsection, "provider" means a state 12
licensed physician, physician assistant, dentist, osteopath, optometrist, chiropractor, 13
advanced practice registered nurse, pharmacist, naturopath, respiratory care 14
practitioner, physical therapist, occupational therapist, marital and family therapist, 15
psychologist, psychological associate, licensed clinical social worker, licensed 16
professional counselor, licensed associate counselor, certified direct-entry midwife, or 17
dental hygienist holding an advanced practice permit. 18
* Sec. 31. AS 44.29 is amended by adding new sections to read: 19
Article 5A. Rural Health Transformation Program. 20
Sec. 44.29.410. Rural Health Transformation Program Advisory Council. 21
(a) The Rural Health Transformation Program Advisory Council is established in the 22
department. 23
(b) The council consists of eight members as follows: 24
(1) the deputy commissioner of health, or the deputy commissioner of 25
health's designee, who shall serve as the chair and is a nonvoting member; 26
(2) one member who represents a tribal health organization or 27
consortium, appointed by the governor; in this paragraph, "tribal health organization" 28
means an organization recognized by the United States Indian Health Service to provide 29
health-related services; 30
(3) one member who represents a federally qualified health center or 31
Enrolled HB 110 -142-
professional organization for federally qualified health centers, appointed by the 1
governor; in this paragraph, "federally qualified health center" has the meaning given 2
in 42 U.S.C. 1396d(l)(2)(B); 3
(4) one member who represents a hospital or professional organization 4
for hospitals, appointed by the governor; 5
(5) one member who represents a local government, appointed by the 6
governor; 7
(6) one member who represents the Alaska Mental Health Trust 8
Authority, appointed by the governor; 9
(7) one member of the house of representatives, appointed by the 10
speaker of the house; and 11
(8) one member of the senate, appointed by the president of the senate. 12
(c) In addition to the qualifications required under (b)(2) - (6) of this section, 13
the governor shall appoint members under (b)(2) - (6) of this section 14
(1) based on interest in public affairs, good judgment, knowledge, and 15
ability in the field of action of the council; 16
(2) with a view to providing diversity of interest and points of view in 17
the membership; 18
(3) without consideration of political affiliation; and 19
(4) so that the members appointed under (b)(2) - (6) of this section 20
collectively represent each judicial district. 21
(d) A member of the council serves at the pleasure of the appointing authority 22
of the member. 23
(e) Members of the council are not entitled to compensation or per diem and 24
travel expenses authorized under AS 39.20.180. 25
(f) The council shall meet in person, telephonically, or by electronic means at 26
least biannually. 27
(g) The council shall advise the department on the state's participation in the 28
rural health transformation program. 29
(h) The council may adopt bylaws for the operation of the council. 30
Sec. 44.29.420. Department duties. (a) The department shall 31
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(1) establish specific criteria for scoring grant applications; 1
(2) publish on the department's Internet website 2
(A) the state's application for the rural health transformation 3
program, changes to the application, and the state's approved application; 4
(B) the criteria established under (1) of this subsection; 5
(C) annual updates on the grant applications the state receives, 6
the application scores, the grants awarded, how the awarded grants are being 7
used by grantees, and the progress of each grantee in achieving the goals 8
identified in the grantee's application; and 9
(D) annual updates on all state projects funded with money 10
received by the state under the rural health transformation program; and 11
(3) by the first day of each regular session of the legislature, deliver 12
copies of the reports the department submitted to the federal government in the previous 13
year under the rural health transformation program to the senate secretary and the chief 14
clerk of the house of representatives and notify the legislature that the reports are 15
available. 16
(b) The department may use funds received by the state under the rural health 17
transformation program to award grants. The department shall award grants in a manner 18
that addresses the initiatives identified in the state's approved application. 19
Sec. 44.29.450. Definitions. In AS 44.29.410 - 44.29.450, 20
(1) "approved application" means an application to participate in the 21
rural health transformation program that has been approved by the federal government; 22
(2) "council" means the Rural Health Transformation Program Advisory 23
Council; 24
(3) "department" means the Department of Health; 25
(4) "rural health transformation program" means the program authorized 26
under 42 U.S.C. 1397ee(h). 27
* Sec. 32. AS 44.29.410, 44.29.420, and 44.29.450 are repealed December 31, 2031. 28
* Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section to 29
read: 30
TRANSITION: QUALIFICATIONS. Notwithstanding the licensing requirements of 31
Enrolled HB 110 -144-
AS 08.90.010 and 08.90.020, enacted by sec. 14 of this Act, a person who, on the day before 1
the effective date of sec. 14 of this Act, is engaged in the practice of respiratory care and is 2
qualified to perform acts within the scope of practice of respiratory care, may continue to 3
perform those acts without a license issued under AS 08.90 by the Department of Commerce, 4
Community, and Economic Development for a period not to exceed one year after the effective 5
date of sec. 14 of this Act. 6
* Sec. 34. Sections 1 - 3, 14 - 24, 26, 27, 30, and 33 of this Act take effect January 1, 2027. 7