HEALTH CARE/LICENSURE COMPACTS/SOCIAL WRK

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SENATE CS FOR HOUSE BILL NO. 110(FIN) am S
IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - SECOND SESSION

BY THE SENATE FINANCE COMMITTEE

Amended: 5/20/26
Offered: 5/20/26

Sponsor(s): REPRESENTATIVES GRAY, Story, Galvin, Prax, Josephson
A BILL

FOR AN ACT ENTITLED

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