HEALTHCARE LICENSING COMPACTS

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HOUSE BILL NO. 352

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - SECOND SESSION

BY REPRESENTATIVES FIELDS, Gray

Introduced: 2/23/26
Referred: Labor & Commerce, Finance

A BILL

FOR AN ACT ENTITLED

"An Act relating to the interstate medical licensure compact; relating to the PA 1
licensure compact; relating to the psychology interjurisdictional compact; and relating 2
to the recognition of EMS personnel licensure interstate compact." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. AS 08.64.101(a) is amended to read: 5
(a) The board shall 6
(1) except as provided in regulations adopted by the board under (b) of 7
this section, examine and issue licenses to applicants; 8
(2) develop written guidelines to ensure that licensing requirements are 9
not unreasonably burdensome and the issuance of licenses is not unreasonably 10
withheld or delayed; 11
(3) after a hearing, impose disciplinary sanctions on persons who 12
violate this chapter or the regulations or orders of the board; 13
(4) adopt regulations ensuring that renewal of licenses is contingent on 14
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proof of continued competency on the part of the licensee; 1
(5) under regulations adopted by the board, contract with private 2
professional organizations to establish an impaired medical professionals program to 3
identify, confront, evaluate, and treat persons licensed under this chapter who abuse 4
alcohol, other drugs, or other substances or are mentally ill or cognitively impaired; 5
(6) adopt regulations that establish guidelines for a physician or 6
physician assistant who is rendering a diagnosis, providing treatment, or prescribing, 7
dispensing, or administering a prescription drug to a person without conducting a 8
physical examination under AS 08.64.364; the guidelines must include a nationally 9
recognized model policy for standards of care of a patient who is at a different location 10
than the physician or physician assistant; 11
(7) require that a licensee who has a federal Drug Enforcement 12
Administration registration number register with the controlled substance prescription 13
database under AS 17.30.200(n); and 14
(8) implement the Interstate Medical Licensure Compact under 15
AS 08.64.253 and the PA Licensure Compact under AS 08.64.254. 16
* Sec. 2. AS 08.64.190 is amended by adding a new subsection to read: 17
(b) An applicant applying for an expedited license as a physician under 18
AS 08.64.253 or a license as a physician assistant under AS 08.64.107 shall submit, 19
along with the application, the applicant's fingerprints and the fees required by the 20
Department of Public Safety under AS 12.62.160 for criminal justice information and 21
a national criminal history record check. The board shall forward the fingerprints and 22
fees to the Department of Public Safety to obtain a report of criminal justice 23
information under AS 12.62 and a national criminal history record check under 24
AS 12.62.400. 25
* Sec. 3. AS 08.64 is amended by adding new sections to read: 26
Sec. 08.64.253. Interstate Medical Licensure Compact. The Interstate 27
Medical Licensure Compact as contained in this section is enacted into law and 28
entered into on behalf of the state with all other states and jurisdictions legally joining 29
it in a form substantially as follows: 30
SECTION 1. PURPOSE. 31
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In order to strengthen access to health care, and in recognition of the advances 1
in the delivery of health care, the member states of the Interstate Medical Licensure 2
Compact have allied in common purpose to develop a comprehensive process that 3
complements the existing licensing and regulatory authority of state medical boards, 4
provides a streamlined process that allows physicians to become licensed in multiple 5
states, thereby enhancing the portability of a medical license and ensuring the safety of 6
patients. The Compact creates another pathway for licensure and does not otherwise 7
change a state's existing Medical Practice Act. The Compact also adopts the prevailing 8
standard for licensure and affirms that the practice of medicine occurs where the 9
patient is located at the time of the physician-patient encounter, and therefore, requires 10
the physician to be under the jurisdiction of the state medical board where the patient 11
is located. State medical boards that participate in the Compact retain the jurisdiction 12
to impose an adverse action against a license to practice medicine in that state issued 13
to a physician through the procedures in the Compact. 14
SECTION 2. DEFINITIONS. 15
In this compact, 16
(a) "Bylaws" means those bylaws established by the Interstate Commission 17
pursuant to Section 11. 18
(b) "Commissioner" means the voting representative appointed by each 19
member board pursuant to Section 11. 20
(c) "Conviction" means a finding by a court that an individual is guilty of a 21
criminal offense through adjudication, or entry of a plea of guilt or no contest to the 22
charge by the offender. Evidence of an entry of a conviction of a criminal offense by 23
the court shall be considered final for purposes of disciplinary action by a member 24
board. 25
(d) "Expedited License" means a full and unrestricted medical license granted 26
by a member state to an eligible physician through the process set forth in the 27
Compact. 28
(e) "Interstate Commission" means the interstate commission created pursuant 29
to Section 11. 30
(f) "License" means authorization by a member state for a physician to engage 31
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in the practice of medicine, which would be unlawful without authorization. 1
(g) "Medical Practice Act" means laws and regulations governing the practice 2
of allopathic and osteopathic medicine within a member state. 3
(h) "Member Board" means a state agency in a member state that acts in the 4
sovereign interests of the state by protecting the public through licensure, regulation, 5
and education of physicians as directed by the state government. 6
(i) "Member State" means a state that has enacted the Compact. 7
(j) "Physician" means any person who 8
(1) is a graduate of a medical school accredited by the Liaison 9
Committee on Medical Education, the Commission on Osteopathic College 10
Accreditation, or a medical school listed in the International Medical Education 11
Directory or its equivalent; 12
(2) passed each component of the United States Medical Licensing 13
Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing 14
Examination (COMLEX-USA) within three attempts, or any of its predecessor 15
examinations accepted by a state medical board as an equivalent examination for 16
licensure purposes; 17
(3) successfully completed graduate medical education approved by 18
the Accreditation Council for Graduate Medical Education or the American 19
Osteopathic Association; 20
(4) holds specialty certification or a time-unlimited specialty certificate 21
recognized by the American Board of Medical Specialties or the American 22
Osteopathic Association's Bureau of Osteopathic Specialists; 23
(5) possesses a full and unrestricted license to engage in the practice of 24
medicine issued by a member board; 25
(6) has never been convicted, received adjudication, deferred 26
adjudication, community supervision, or deferred disposition for any offense by a 27
court of appropriate jurisdiction; 28
(7) has never held a license authorizing the practice of medicine 29
subjected to discipline by a licensing agency in any state, federal, or foreign 30
jurisdiction, excluding any action related to non-payment of fees related to a license; 31
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(8) has never had a controlled substance license or permit suspended or 1
revoked by a state or the United States Drug Enforcement Administration; and 2
(9) is not under active investigation by a licensing agency or law 3
enforcement authority in any state, federal, or foreign jurisdiction. 4
(k) "Practice of Medicine" means that clinical prevention, diagnosis, or 5
treatment of human disease, injury, or condition requiring a physician to obtain and 6
maintain a license in compliance with the Medical Practice Act of a member state. 7
(l) "Offense" means a felony, gross misdemeanor, or crime of moral turpitude. 8
(m) "Rule" means a written statement by the Interstate Commission 9
promulgated pursuant to Section 12 of the Compact that is of general applicability, 10
implements, interprets, or prescribes a policy or provision of the Compact, or an 11
organizational, procedural, or practice requirement of the Interstate Commission, and 12
has the force and effect of statutory law in a member state, and includes the 13
amendment, repeal, or suspension of an existing rule. 14
(n) "State" means any state, commonwealth, district, or territory of the United 15
States. 16
(o) "State of Principal License" means a member state where a physician holds 17
a license to practice medicine and which has been designated as such by the physician 18
for purposes of registration and participation in the Compact. 19
SECTION 3. ELIGIBILITY. 20
(a) A physician must meet the eligibility requirements as defined in Section 21
2(j) to receive an expedited license under the terms and provisions of the Compact. 22
(b) A physician who does not meet the requirements of Section 2(j) may 23
obtain a license to practice medicine in a member state if the individual complies with 24
all laws and requirements, other than the Compact, relating to the issuance of a license 25
to practice medicine in that state. 26
SECTION 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE. 27
(a) A physician shall designate a member state as the state of principal license 28
for purposes of registration for expedited licensure through the Compact if the 29
physician possesses a full and unrestricted license to practice medicine in that state, 30
and the state is 31
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(1) The state of principal residence for the physician; 1
(2) The state where at least 25 percent of the practice of medicine 2
occurs; 3
(3) The location of the physician's employer; or 4
(4) If no state qualifies under subsection (1), subsection (2), or 5
subsection (3), the state designated as state of residence for purpose of federal income 6
tax. 7
(b) A physician may redesignate a member state as state of principal license at 8
any time, as long as the state meets the requirements of subsection (a). 9
(c) The Interstate Commission is authorized to develop rules to facilitate 10
redesignation of another member state as the state of principal license. 11
SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE. 12
(a) A physician seeking licensure through the Compact shall file an 13
application for an expedited license with the member board of the state selected by the 14
physician as the state of principal license. 15
(b) Upon receipt of an application for an expedited license, the member board 16
within the state selected as the state of principal license shall evaluate whether the 17
physician is eligible for expedited licensure and issue a letter of qualification, 18
verifying or denying the physician's eligibility, to the Interstate Commission. 19
(1) Static qualifications, which include verification of medical 20
education, graduate medical education, results of any medical or licensing 21
examination, and other qualifications as determined by the Interstate Commission 22
through rule, shall not be subject to additional primary source verification where 23
already primary source verified by the state of principal license. 24
(2) The member board within the state selected as the state of principal 25
license shall, in the course of verifying eligibility, perform a criminal background 26
check of an applicant, including the use of the results of fingerprint or other biometric 27
data checks compliant with the requirements of the Federal Bureau of Investigation, 28
with the exception of federal employees who have suitability determination in 29
accordance with 5 C.F.R. 731.202. 30
(3) Appeal on the determination of eligibility shall be made to the 31
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member state where the application was filed and shall be subject to the law of that 1
state. 2
(c) Upon verification in subsection (b), physicians eligible for an expedited 3
license shall complete the registration process established by the Interstate 4
Commission to receive a license in a member state selected pursuant to subsection (a), 5
including the payment of any applicable fees. 6
(d) After receiving verification of eligibility under subsection (b) and any fees 7
under subsection (c), a member board shall issue an expedited license to the physician. 8
This license shall authorize the physician to practice medicine in the issuing state 9
consistent with the Medical Practice Act and all applicable laws and regulations of the 10
issuing member board and member state. 11
(e) An expedited license shall be valid for a period consistent with the 12
licensure period in the member state and in the same manner as required for other 13
physicians holding a full and unrestricted license within the member state. 14
(f) An expedited license obtained through the Compact shall be terminated if a 15
physician fails to maintain a license in the state of principal licensure for a non-16
disciplinary reason, without redesignation of a new state of principal licensure. 17
(g) The Interstate Commission is authorized to develop rules regarding the 18
application process, including payment of any applicable fees, and the issuance of an 19
expedited license. 20
SECTION 6. FEES FOR EXPEDITED LICENSURE. 21
(a) A member state issuing an expedited license authorizing the practice of 22
medicine in that state may impose a fee for a license issued or renewed through the 23
Compact. 24
(b) The Interstate Commission is authorized to develop rules regarding fees 25
for expedited licenses. 26
SECTION 7. RENEWAL AND CONTINUED PARTICIPATION. 27
(a) A physician seeking to renew an expedited license granted in a member 28
state shall complete a renewal process with the Interstate Commission if the physician 29
(1) Maintains a full and unrestricted license in a state of principal 30
license; 31
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(2) Has not been convicted, received adjudication, deferred 1
adjudication, community supervision, or deferred disposition for any offense by a 2
court of appropriate jurisdiction; 3
(3) Has not had a license authorizing the practice of medicine subject 4
to discipline by a licensing agency in any state, federal, or foreign jurisdiction, 5
excluding any action related to non-payment of fees related to a license; and 6
(4) Has not had a controlled substance license or permit suspended or 7
revoked by a state or the United States Drug Enforcement Administration. 8
(b) Physicians shall comply with all continuing professional development or 9
continuing medical education requirements for renewal of a license issued by a 10
member state. 11
(c) The Interstate Commission shall collect any renewal fees charged for the 12
renewal of a license and distribute the fees to the applicable member board. 13
(d) Upon receipt of any renewal fees collected in subsection (c), a member 14
board shall renew the physician's license. 15
(e) Physician information collected by the Interstate Commission during the 16
renewal process will be distributed to all member boards. 17
(f) The Interstate Commission is authorized to develop rules to address 18
renewal of licenses obtained through the Compact. 19
SECTION 8. COORDINATED INFORMATION SYSTEM. 20
(a) The Interstate Commission shall establish a database of all physicians 21
licensed, or who have applied for licensure, under Section 5. 22
(b) Notwithstanding any other provision of law, member boards shall report to 23
the Interstate Commission any public action or complaints against a licensed physician 24
who has applied or received an expedited license through the Compact. 25
(c) Member boards shall report disciplinary or investigatory information 26
determined as necessary and proper by rule of the Interstate Commission. 27
(d) Member boards may report any non-public complaint, disciplinary, or 28
investigatory information not required by subsection (c) to the Interstate Commission. 29
(e) Member boards shall share complaint or disciplinary information about a 30
physician upon request of another member board. 31
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(f) All information provided to the Interstate Commission or distributed by 1
member boards shall be confidential, filed under seal, and used only for investigatory 2
or disciplinary matters. 3
(g) The Interstate Commission is authorized to develop rules for mandated or 4
discretionary sharing of information by member boards. 5
SECTION 9. JOINT INVESTIGATIONS. 6
(a) Licensure and disciplinary records of physicians are deemed investigative. 7
(b) In addition to the authority granted to a member board by its respective 8
Medical Practice Act or other applicable state law, a member board may participate 9
with other member boards in joint investigations of physicians licensed by the member 10
boards. 11
(c) A subpoena issued by a member state shall be enforceable in other member 12
states. 13
(d) Member boards may share any investigative, litigation, or compliance 14
materials in furtherance of any joint or individual investigation initiate under the 15
Compact. 16
(e) Any member state may investigate actual or alleged violations of the 17
statutes authorizing the practice of medicine in any other member state in which a 18
physician holds a license to practice medicine. 19
SECTION 10. DISCIPLINARY ACTIONS. 20
(a) Any disciplinary action taken by any member board against a physician 21
licensed through the Compact shall be deemed unprofessional conduct which may be 22
subject to discipline by other member boards, in addition to any violation of the 23
Medical Practice Act or regulations in that state. 24
(b) If a license granted to a physician by the member board in the state of 25
principal license is revoked, surrendered or relinquished in lieu of discipline, or 26
suspended, then all licenses issued to the physician by member boards shall 27
automatically be placed, without further action necessary by any member board, on 28
the same status. If the member board in the state of principal license subsequently 29
reinstates the physician's license, a license issued to the physician by any other 30
member board shall remain encumbered until that respective member board takes 31
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action to reinstate the license in a manner consistent with the Medical Practice Act of 1
that state. 2
(c) If disciplinary action is taken against a physician by a member board not in 3
the state of principal license, any other member board may deem the action conclusive 4
as to matter of law and fact decided, and 5
(1) Impose the same or lesser sanctions against the physician so long 6
as such sanctions are consistent with the Medical Practice Act of that state; or 7
(2) Pursue separate disciplinary action against the physician under its 8
respective Medical Practice Act, regardless of the action taken in other member states. 9
(d) If a license granted to a physician by a member board is revoked, 10
surrendered or relinquished in lieu of discipline, or suspended, then any licenses 11
issued to the physician by any other member boards shall be suspended, automatically 12
and immediately without further action necessary by the other member boards, for 13
ninety (90) days upon entry of the order by the disciplining board, to permit the 14
member boards to investigate the basis for the action under the Medical Practice Act 15
of that state. A member board may terminate the automatic suspension of the license it 16
issued prior to the completion of the ninety (90) day suspension period in a manner 17
consistent with the Medical Practice Act of that state. 18
SECTION 11. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION. 19
(a) The member states hereby create the "Interstate Medical Licensure 20
Compact Commission." 21
(b) The purpose of the Interstate Commission is the administration of the 22
Interstate Medical Licensure Compact, which is a discretionary state function. 23
(c) The Interstate Commission shall be a body corporate and joint agency of 24
the member states and shall have all the responsibilities, powers, and duties set forth in 25
the Compact, and such additional powers as may be conferred upon it by a subsequent 26
concurrent action of the respective legislatures of the member states in accordance 27
with the terms of the Compact. 28
(d) The Interstate Commission shall consist of two voting representatives 29
appointed by each member state who shall serve as Commissioners. In states where 30
allopathic and osteopathic physicians are regulated by separate member boards, or if 31
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the licensing and disciplinary authority is split between separate member boards, or if 1
the licensing and disciplinary authority is split between multiple member boards 2
within a member state, the member state shall appoint one representative from each 3
member board. A Commissioner shall be 4
(1) An allopathic or osteopathic physician appointed to a member 5
board; 6
(2) An executive director, executive secretary, or similar executive of a 7
member board; or 8
(3) A member of the public appointed to a member board. 9
(e) The Interstate Commission shall meet at least once each calendar year. A 10
portion of this meeting shall be a business meeting to address such matters as may 11
properly come before the Commission, including the election of officers. The 12
chairperson may call additional meetings and shall call for a meeting upon the request 13
of a majority of the member states. 14
(f) The bylaws may provide for meetings of the Interstate Commission to be 15
conducted by telecommunication or electronic communication. 16
(g) Each Commissioner participating at a meeting of the Interstate 17
Commission is entitled to one vote. A majority of Commissioners shall constitute a 18
quorum for the transaction of business, unless a larger quorum is required by the 19
bylaws of the Interstate Commission. A Commissioner shall not delegate a vote to 20
another Commissioner. In the absence of its Commissioner, a member state may 21
delegate voting authority for a specified meeting to another person from that state who 22
shall meet the requirements of subsection (d). 23
(h) The Interstate Commission shall provide public notice of all meetings and 24
all meetings shall be open to the public. The Interstate Commission may close a 25
meeting, in full or in portion, where it determines by a two-thirds vote of the 26
Commissioners present that an open meeting would be likely to 27
(1) Relate solely to the internal personnel practice and procedures of 28
the Interstate Commission; 29
(2) Discuss matters specifically exempted from disclosure by federal 30
statute; 31
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(3) Discuss trade secrets, commercial, or financial information that is 1
privileged or confidential; 2
(4) Involve accusing a person of a crime, or formally censuring a 3
person; 4
(5) Discuss information of a personal nature where disclosure would 5
constitute a clearly unwarranted invasion of personal privacy; 6
(6) Discuss investigative records compiled for law enforcement 7
purposes; or 8
(7) Specifically relate to the participation in a civil action or other legal 9
proceeding. 10
(i) The Interstate Commission shall keep minutes which shall fully describe all 11
matters discussed in a meeting and shall provide a full and accurate summary of 12
actions taken, including record of any roll call votes. 13
(j) The Interstate Commission shall make its information and official records, 14
to the extent not otherwise designated in the Compact or by its rules, available to the 15
public for inspection. 16
(k) The Interstate Commission shall establish an executive committee, which 17
shall include officers, members, and others as determined by the bylaws. The 18
executive committee shall have the power to act on behalf of the Interstate 19
Commission, with the exception of rulemaking, during periods when the Interstate 20
Commission is not in session. When acting on behalf of the Interstate Commission, 21
the executive committee shall oversee the administration of the Compact including 22
enforcement and compliance with the provisions of the Compact, its bylaws and rules, 23
and other such duties as necessary. 24
(l) The Interstate Commission shall establish other committees for governance 25
and administration of the Compact. 26
SECTION 12. POWERS AND DUTIES OF THE INTERSTATE COMMISSION. 27
(a) Oversee and maintain the administration of the Compact; 28
(b) Promulgate rules which shall be binding to the extent and in the manner 29
provided for in the Compact; 30
(c) Issue, upon the request of a member state or member board, advisory 31
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opinions concerning the meaning or interpretation of the Compact, its bylaws, rules, 1
and actions; 2
(d) Enforce compliance with Compact provisions, the rules promulgated by 3
the Interstate Commission, and the bylaws, using all necessary and proper means, 4
including but not limited to the use of judicial process; 5
(e) Establish and appoint committees including, but not limited to, an 6
executive committee as required by Section 11, which shall have the power to act on 7
behalf of the Interstate Commission in carrying out its powers and duties; 8
(f) Pay, or provide for the payment of the expenses related to the 9
establishment, organization, and ongoing activities of the Interstate Commission; 10
(g) Establish and maintain one or more offices; 11
(h) Borrow, accept, hire, or contract for services of personnel; 12
(i) Purchase and maintain insurance and bonds; 13
(j) Employ an executive director who shall have such powers to employ, select 14
or appoint employees, agents, or consultants, and to determine their qualifications, 15
define their duties, and fix their compensation; 16
(k) Establish personnel policies and programs relating to conflicts of interest, 17
rates of compensation, and qualifications of personnel; 18
(l) Accept donations and grants of money, equipment, supplies, materials, and 19
services and to receive, utilize, and dispose of it in a manner consistent with the 20
conflict of interest policies established by the Interstate Commission; 21
(m) Lease, purchase, accept contributions or donations of, or otherwise to 22
own, hold, improve or use, any property, real, personal, or mixed; 23
(n) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 24
dispose of any property, real, personal, or mixed; 25
(o) Establish a budget and make expenditures; 26
(p) Adopt a seal and bylaws governing the management and operation of the 27
Interstate Commission; 28
(q) Report annually to the legislatures and governors of the member states 29
concerning the activities of the Interstate Commission during the preceding year. Such 30
reports shall also include reports of financial audits and any recommendations that 31
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may have been adopted by the Interstate Commission; 1
(r) Coordinate education, training, and public awareness regarding the 2
Compact, its implementation, and its operation; 3
(s) Maintain records in accordance with the bylaws; 4
(t) Seek and obtain trademarks, copyrights, and patents; and 5
(u) Perform such functions as may be necessary or appropriate to achieve the 6
purpose of the Compact. 7
SECTION 13. FINANCE POWERS. 8
(a) The Interstate Commission may levy on and collect an annual assessment 9
from each member state to cover the cost of the operations and activities of the 10
Interstate Commission and its staff. The total assessment must be sufficient to cover 11
the annual budget approved each year for which revenue is not provided by other 12
sources. The aggregate annual assessment amount shall be allocated upon a formula to 13
be determined by the Interstate Commission, which shall promulgate a rule binding 14
upon all member states. 15
(b) The Interstate Commission shall not incur obligations of any kind prior to 16
securing the funds adequate to meet the same. 17
(c) The Interstate Commission shall not pledge the credit of any of the 18
member states, except by, and with the authority of, the member state. 19
(d) The Interstate Commission shall be subject to a yearly financial audit 20
conducted by a certified or licensed accountant and the report of the audit shall be 21
included in the annual report of the Interstate Commission. 22
SECTION 14. ORGANIZATION AND OPERATION OF THE INTERSTATE 23
COMMISSION. 24
(a) The Interstate Commission shall, by a majority of Commissioners present 25
and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to 26
carry out the purposes of the Compact within twelve (12) months of the first Interstate 27
Commission meeting. 28
(b) The Interstate Commission shall elect or appoint annually from among its 29
Commissioners a chairperson, a vice-chairperson, and a treasurer, each of whom shall 30
have such authority and duties as may be specified in the bylaws. The chairperson, or 31
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in the chairperson's absence or disability, the vice-chairperson, shall preside at all 1
meetings of the Interstate Commission. 2
(c) Officers selected in subsection (b) shall serve without remuneration for the 3
Interstate Commission. 4
(d) The officers and employees of the Interstate Commission shall be immune 5
from suit and liability, either personally or in their official capacity, for a claim for 6
damage to or loss of property or personal injury or other civil liability caused or 7
arising out of, or relating to, an actual or alleged act, error, or omission that occurred, 8
or that such person had a reasonable basis for believing occurred, within the scope of 9
Interstate Commission employment, duties, or responsibilities; provided that such 10
person shall not be protected from suit or liability for damage, loss, injury, or liability 11
caused by the intentional or willful and wanton misconduct of such person. 12
(e) The liability of the executive director and employees of the Interstate 13
Commission or representatives of the Interstate Commission, acting within the scope 14
of such person's employment or duties for acts, errors, or omissions occurring within 15
such person's state, may not exceed the limits of liability set forth under the 16
constitution and laws of that state for state officials, employees, and agents. The 17
Interstate Commission is considered to be an instrumentality of the states for the 18
purpose of any such action. Nothing in this subsection shall be construed to protect 19
such person from suit or liability for damage, loss, injury, or liability caused by the 20
intentional or willful and wanton misconduct of such person. 21
(f) The Interstate Commission shall defend the executive director, its 22
employees, and subject to the approval of the attorney general or other appropriate 23
legal counsel of the member state represented by an Interstate Commission 24
representative, shall defend such Interstate Commission representative in any civil 25
action seeking to impose liability arising out of an actual or alleged act, error or 26
omission that occurred within the scope of Interstate Commission employment, duties 27
or responsibilities, or that the defendant had a reasonable basis for believing occurred 28
within the scope of Interstate Commission employment, duties, or responsibilities, 29
provided that the actual or alleged act, error, or omission did not result from 30
intentional or willful and wanton misconduct on the part of such person. 31
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(g) To the extent not covered by the state involved, member state, or the 1
Interstate Commission, the representatives or employees of the Interstate Commission 2
shall be held harmless in the amount of a settlement or judgement, including attorney's 3
fees and costs, obtained against such persons arising out of an actual or alleged act, 4
error, or omission that occurred within the scope of the Interstate Commission 5
employment, duties, or responsibilities, or that such persons had a reasonable basis for 6
believing occurred within the scope of Interstate Commission employment, duties, or 7
responsibilities, provided that the actual or alleged act, error, or omission did not result 8
from intentional or willful and wanton misconduct on the part of such person. 9
SECTION 15. RULEMAKING FUNCTIONS OF THE INTERSTATE 10
COMMISSION. 11
(a) The Interstate Commission shall promulgate reasonable rules in order to 12
effectively and efficiently achieve the purpose of the Compact. Notwithstanding the 13
foregoing, in the event the Interstate Commission exercises its rulemaking authority in 14
a manner that is beyond the scope of the purposes of the Compact, or the powers 15
granted hereunder, then such an action by the Interstate Commission shall be invalid 16
and have no force or effect. 17
(b) Rules deemed appropriate for the operations of the Interstate Commission 18
shall be made pursuant to a rulemaking process that substantially conforms to the 19
"Model State Administrative Procedure Act" of 2010, and subsequent amendments 20
thereto. 21
(c) Not later than thirty (30) days after a rule is promulgated, any person may 22
file a petition for judicial review of the rule in the United States District Court for the 23
District of Columbia or the federal district where the Interstate Commission has its 24
principal offices, provided that the filing of such a petition shall not stay or otherwise 25
prevent the rule from becoming effective unless the court finds that the petitioner has a 26
substantial likelihood of success. The court shall give deference to the actions of the 27
Interstate Commission consistent with applicable law and shall not find the rule to be 28
unlawful if the rule represents a reasonable exercise of the authority granted to the 29
Interstate Commission. 30
SECTION 16. OVERSIGHT OF INTERSTATE COMPACT. 31
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(a) The executive, legislative, and judicial branches of state government in 1
each member state shall enforce the Compact and shall take all actions necessary and 2
appropriate to effectuate the Compact's purposes and intent. The provisions of the 3
Compact and the rules promulgated hereunder shall have standing as statutory law but 4
shall not override existing state authority to regulate the practice of medicine. 5
(b) All courts shall take judicial notice of the Compact and the rules in any 6
judicial or administrative proceeding in a member state pertaining to the subject matter 7
of the Compact which may affect the powers, responsibilities or actions of the 8
Interstate Commission. 9
(c) The Interstate Commission shall be entitled to receive all services of 10
process in any such proceeding, and shall have standing to intervene in the proceeding 11
for all purposes. Failure to provide service of process to the Interstate Commission 12
shall render a judgment or order void as to the Interstate Commission, the Compact, or 13
promulgated rules. 14
SECTION 17. ENFORCEMENT OF INTERSTATE COMPACT. 15
(a) The Interstate Commission, in the reasonable exercise of its discretion, 16
shall enforce the provisions and rules of the Compact. 17
(b) The Interstate Commission may, by majority vote of the Commissioners, 18
initiate legal action in the United States Court for the District of Columbia, or, at the 19
discretion of the Interstate Commission, in the federal district where the Interstate 20
Commission has its principal offices, to enforce compliance with the provisions of the 21
Compact, and its promulgated rules and bylaws, against a member state in default. The 22
relief sought may including both injunctive relief and damages. In the event judicial 23
enforcement is necessary, the prevailing party shall be awarded all costs of such 24
litigation including reasonable attorney's fees. 25
(c) The remedies herein shall not be the exclusive remedies of the Interstate 26
Commission. The Interstate Commission may avail itself of any other remedies 27
available under state law or regulation of a profession. 28
SECTION 18. DEFAULT PROCEDURES. 29
(a) The grounds for default include, but are not limited to, failure of a member 30
state to perform such obligations or responsibilities imposed upon it by the Compact, 31
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or the rules and bylaws of the Interstate Commission promulgated under the Compact. 1
(b) If the Interstate Commission determines that a member state has defaulted 2
in the performance of its obligations or responsibilities under the Compact, or the 3
bylaws or promulgated rules, the Interstate Commission shall 4
(1) provide written notice to the defaulting state and other member 5
states, of the nature of the default, the means of curing the default, and any action 6
taken by the Interstate Commission; the Interstate Commission shall specify the 7
conditions by which the defaulting state must cure its default; and 8
(2) provide remedial training and specific technical assistance 9
regarding the default. 10
(c) If the defaulting state fails to cure the default, the defaulting state shall be 11
terminated from the Compact upon an affirmative vote of a majority of the 12
Commissioners and all rights, privileges, and benefits conferred by the Compact shall 13
terminate on the effective date of termination. A cure of the default does not relieve 14
the offending state of obligations or liabilities incurred during the period of the 15
default. 16
(d) Termination of membership in the Compact shall be imposed only after all 17
other means of securing compliance have been exhausted. Notice of intent to terminate 18
shall be given by the Interstate Commission to the governor, the majority and minority 19
leaders of the defaulting state's legislature, and each of the member states. 20
(e) The Interstate Commission shall establish rules and procedures to address 21
licenses and physicians that are materially impacted by the termination of a member 22
state, or the withdrawal of a member state. 23
(f) The member state which has been terminated is responsible for all due, 24
obligations, and liabilities incurred through the effective date of termination including 25
obligations, the performance of which extends beyond the effective date of 26
termination. 27
(g) The Interstate Commission shall not bear any costs relating to any state 28
that has been found to be in default or which has been terminated from the Compact, 29
unless otherwise mutually agreed upon in writing between the Interstate Commission 30
and the defaulting state. 31
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(h) The defaulting state may appeal the action of the Interstate Commission by 1
petitioning the United States District Court for the District of Columbia or the federal 2
district where the Interstate Commission has its principal offices. The prevailing party 3
shall be awarded all costs of such litigation including reasonable attorney's fees. 4
SECTION 19. DISPUTE RESOLUTION. 5
(a) The Interstate Commission shall attempt, upon the request of a member 6
state, to resolve disputes which are subject to the Compact and which may arise 7
among member states or member boards. 8
(b) The Interstate Commission shall promulgate rules providing for both 9
mediation and binding dispute resolution as appropriate. 10
SECTION 20. MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT. 11
(a) Any state is eligible to become a member of the Compact. 12
(b) The Compact shall become effective and binding upon legislative 13
enactment of the Compact into law by no less than seven (7) states. Thereafter, it shall 14
become effective and binding on a state upon enactment of the Compact into law by 15
that state. 16
(c) The governors of non-member states, or their designees, shall be invited to 17
participate in the activities of the Interstate Commission on a non-voting basis prior to 18
adoption of the Compact by all states. 19
(d) The Interstate Commission may propose amendments to the Compact for 20
enactment by the member states. No amendment shall become effective and binding 21
upon the Interstate Commission and the member states unless and until it is enacted 22
into law by unanimous consent of the member states. 23
SECTION 21. WITHDRAWAL. 24
(a) Once effective, the Compact shall continue in force and remain binding 25
upon each and every member state; provided that a member state may withdraw from 26
the Compact by specifically repealing the statute which enacted the Compact into law. 27
(b) Withdrawal from the Compact shall be by the enactment of a statute 28
repealing the same, but shall not take effect until one (1) year after the effective date 29
of such statute and until written notice of the withdrawal has been given by the 30
withdrawing state to the governor of each other member state. 31
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(c) The withdrawing state shall immediately notify the chairperson of the 1
Interstate Commission in writing upon the introduction of legislation repealing the 2
Compact in the withdrawing state. 3
(d) The Interstate Commission shall notify the other member states of the 4
withdrawing state's intent to withdraw within sixty (60) days of its receipt of notice 5
provided under subsection (c). 6
(e) The withdrawing state is responsible for all dues, obligations and liabilities 7
incurred through the effective date of withdrawal, including obligations, the 8
performance of which extend beyond the effective date of withdrawal. 9
(f) Reinstatement following withdrawal of a member state shall occur upon 10
the withdrawing date reenacting the Compact or upon such later date as determined by 11
the Interstate Commission. 12
(g) The Interstate Commission is authorized to develop rules to address the 13
impact of the withdrawal of a member state on licenses granted in other member states 14
to physicians who designated the withdrawing member state as the state of principal 15
license. 16
SECTION 22. DISSOLUTION. 17
(a) The Compact shall dissolve effective upon the date of the withdrawal or 18
default of the member state which reduces the membership of the Compact to one (1) 19
member state. 20
(b) Upon the dissolution of the Compact, the Compact becomes null and void 21
and shall be of no further force or effect, and the business and affairs of the Interstate 22
Commission shall be concluded, and surplus funds shall be distributed in accordance 23
with the bylaws. 24
SECTION 23. SEVERABILITY AND CONSTRUCTION. 25
(a) The provisions of the Compact shall be severable, and if any phrase, 26
clause, sentence, or provision is deemed unenforceable, the remaining provisions of 27
the Compact shall be enforceable. 28
(b) The provisions of the Compact shall be liberally construed to effectuate its 29
purposes. 30
(c) Nothing in the Compact shall be construed to prohibit the applicability of 31
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other interstate compacts to which the member states are members. 1
SECTION 24. BINDING EFFECT OF COMPACT AND OTHER LAWS. 2
(a) Nothing herein prevents the enforcement of any other law of a member 3
state that is not inconsistent with the Compact. 4
(b) All laws in a member state in conflict with the Compact are superseded to 5
the extent of the conflict. 6
(c) All lawful actions of the Interstate Commission, including all rules and 7
bylaws promulgated by the Commission, are binding upon the member states. 8
(d) All agreements between the Interstate Commission and the member states 9
are binding in accordance with their terms. 10
(e) In the event any provision of the Compact exceeds the constitutional limits 11
imposed on the legislature of any member state, such provision shall be ineffective to 12
the extent of the conflict with the constitutional provision in question in that member 13
state. 14
Sec. 08.64.254. PA Licensure Compact. The PA licensure compact as 15
contained in this section is enacted into law and entered into on behalf of the state with 16
all other states and jurisdictions legally joining it in a form substantially as follows: 17
SECTION 1. PURPOSE. 18
In order to strengthen access to Medical Services, and in recognition of the 19
advances in the delivery of Medical Services, the Participating States of the PA 20
Licensure Compact have allied in common purpose to develop a comprehensive 21
process that complements the existing authority of State Licensing Boards to license 22
and discipline PAs and seeks to enhance the portability of a License to practice as a 23
PA while safeguarding the safety of patients. This Compact allows Medical Services 24
to be provided by PAs, via the mutual recognition of the Licensee's Qualifying 25
License by other Compact Participating States. This Compact also adopts the 26
prevailing standard for PA licensure and affirms that the practice and delivery of 27
Medical Services by the PA occurs where the patient is located at the time of the 28
patient encounter, and therefore requires the PA to be under the jurisdiction of the 29
State Licensing Board where the patient is located. State Licensing Boards that 30
participate in this Compact retain the jurisdiction to impose Adverse Action against a 31
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Compact Privilege in that State issued to a PA through the procedures of this 1
Compact. The PA Licensure Compact will alleviate burdens for military families by 2
allowing active duty military personnel and their spouses to obtain a Compact 3
Privilege based on having an unrestricted License in good standing from a 4
Participating State. 5
SECTION 2. DEFINITIONS. 6
In this Compact: 7
(A) "Adverse Action" means any administrative, civil, equitable, or criminal 8
action permitted by a State's laws which is imposed by a Licensing Board or other 9
authority against a PA License or License application or Compact Privilege such as 10
License denial, censure, revocation, suspension, probation, monitoring of the 11
Licensee, or restriction on the Licensee's practice. 12
(B) "Compact Privilege" means the authorization granted by a Remote State to 13
allow a Licensee from another Participating State to practice as a PA to provide 14
Medical Services and other licensed activity to a patient located in the Remote State 15
under the Remote State's laws and regulations. 16
(C) "Conviction" means a finding by a court that an individual is guilty of a 17
felony or misdemeanor offense through adjudication or entry of a plea of guilty or no 18
contest to the charge by the offender. 19
(D) "Criminal Background Check" means the submission of fingerprints or 20
other biometric-based information for a License applicant for the purpose of obtaining 21
that applicant's criminal history record information, as defined in 28 C.F.R. 20.3(d), 22
from the State's criminal history record repository as defined in 28 C.F.R. 20.3(f). 23
(E) "Data System" means the repository of information about Licensees, 24
including but not limited to License status and Adverse Actions, which is created and 25
administered under the terms of this Compact. 26
(F) "Executive Committee" means a group of directors and ex-officio 27
individuals elected or appointed pursuant to Section 7(F)(2). 28
(G) "Impaired Practitioner" means a PA whose practice is adversely affected 29
by health-related condition(s) that impact their ability to practice. 30
(H) "Investigative Information" means information, records, or documents 31
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received or generated by a Licensing Board pursuant to an investigation. 1
(I) "Jurisprudence Requirement" means the assessment of an individual's 2
knowledge of the laws and Rules governing the practice of a PA in a State. 3
(J) "License" means current authorization by a State, other than authorization 4
pursuant to a Compact Privilege, for a PA to provide Medical Services, which would 5
be unlawful without current authorization. 6
(K) "Licensee" means an individual who holds a License from a State to 7
provide Medical Services as a PA. 8
(L) "Licensing Board" means any State entity authorized to license and 9
otherwise regulate PAs. 10
(M) "Medical Services" means health care services provided for the diagnosis, 11
prevention, treatment, cure or relief of a health condition, injury, or disease, as defined 12
by a State's laws and regulations. 13
(N) "Model Compact" means the model for the PA Licensure Compact on file 14
with The Council of State Governments or other entity as designated by the 15
Commission. 16
(O) "Participating State" means a State that has enacted this Compact. 17
(P) "PA" means an individual who is licensed as a physician assistant in a 18
State. For purposes of this Compact, any other title or status adopted by a State to 19
replace the term "physician assistant" shall be deemed synonymous with "physician 20
assistant" and shall confer the same rights and responsibilities to the Licensee under 21
the provisions of this Compact at the time of its enactment. 22
(Q) "PA Licensure Compact Commission," "Compact Commission," or 23
"Commission" mean the national administrative body created pursuant to Section 7(A) 24
of this Compact. 25
(R) "Qualifying License" means an unrestricted License issued by a 26
Participating State to provide Medical Services as a PA. 27
(S) "Remote State" means a Participating State where a Licensee who is not 28
licensed as a PA is exercising or seeking to exercise the Compact Privilege. 29
(T) "Rule" means a regulation promulgated by an entity that has the force and 30
effect of law. 31
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(U) "Significant Investigative Information" means Investigative Information 1
that a Licensing Board, after an inquiry or investigation that includes notification and 2
an opportunity for the PA to respond if required by State law, has reason to believe is 3
not groundless and, if proven true, would indicate more than a minor infraction. 4
(V) "State" means any state, commonwealth, district, or territory of the United 5
States. 6
SECTION 3. STATE PARTICIPATION IN THIS COMPACT. 7
(A) To participate in this Compact, a Participating State shall: 8
(1) License PAs. 9
(2) Participate in the Compact Commission's Data System. 10
(3) Have a mechanism in place for receiving and investigating 11
complaints against Licensees and License applicants. 12
(4) Notify the Commission, in compliance with the terms of this 13
Compact and Commission Rules, of any Adverse Action against a Licensee or License 14
applicant and the existence of Significant Investigative Information regarding a 15
Licensee or License applicant. 16
(5) Fully implement a Criminal Background Check requirement, 17
within a time frame established by Commission Rule, by its Licensing Board receiving 18
the results of a Criminal Background Check and reporting to the Commission whether 19
the License applicant has been granted a License. 20
(6) Comply with the Rules of the Compact Commission. 21
(7) Utilize passage of a recognized national exam such as the NCCPA 22
PANCE as a requirement for PA licensure. 23
(8) Grant the Compact Privilege to a holder of a Qualifying License in 24
a Participating State. 25
(B) Nothing in this Compact prohibits a Participating State from charging a 26
fee for granting the Compact Privilege. 27
SECTION 4. COMPACT PRIVILEGE. 28
(A) To exercise the Compact Privilege, a Licensee must: 29
(1) Have graduated from a PA program accredited by the Accreditation 30
Review Commission on Education for the Physician Assistant, Inc. or other programs 31
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authorized by Commission Rule. 1
(2) Hold current NCCPA certification. 2
(3) Have no felony or misdemeanor Conviction. 3
(4) Have never had a controlled substance license, permit, or 4
registration suspended or revoked by a State or by the United States Drug 5
Enforcement Administration. 6
(5) Have a unique identifier as determined by Commission Rule. 7
(6) Hold a Qualifying License. 8
(7) Have had no revocation of a License or limitation or restriction on 9
any License currently held due to an adverse action. 10
(8) If a Licensee has had a limitation or restriction on a License or 11
Compact Privilege due to an Adverse Action, two years must have elapsed from the 12
date on which the License or Compact Privilege is no longer limited or restricted due 13
to the Adverse Action. 14
(9) If a Compact Privilege has been revoked or is limited or restricted 15
in a Participating State for conduct that would not be a basis for disciplinary action in 16
a Participating State in which the Licensee is practicing or applying to practice under 17
a Compact Privilege, that Participating State shall have the discretion not to 18
consider such action as an Adverse Action requiring the denial or removal of a 19
Compact Privilege in that State. 20
(10) Notify the Compact Commission that the Licensee is seeking the 21
Compact Privilege in a Remote State. 22
(11) Meet any Jurisprudence Requirement of a Remote State in which 23
the Licensee is seeking to practice under the Compact Privilege and pay any fees 24
applicable to satisfying the Jurisprudence Requirement. 25
(12) Report to the Commission any Adverse Action taken by a non-26
participating State within thirty (30) days after the action is taken. 27
(B) The Compact Privilege is valid until the expiration or revocation of the 28
Qualifying License unless terminated pursuant to an Adverse Action. The Licensee 29
must also comply with all of the requirements of (A) of this Section above to maintain 30
the Compact Privilege in a Remote State. If the Participating State takes Adverse 31
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Action against a Qualifying License, the Licensee shall lose the Compact Privilege in 1
any Remote State in which the Licensee has a Compact Privilege until all of the 2
following occur: 3
(1) The License is no longer limited or restricted; and 4
(2) Two (2) years have elapsed from the date on which the License is 5
no longer limited or restricted due to the Adverse Action. 6
(C) Once a restricted or limited License satisfies the requirements of (B)(1) 7
and (2) of this Section, the Licensee must meet the requirements of (A) of this Section 8
to obtain a Compact Privilege in any Remote State. 9
(D) For each Remote State in which a PA seeks authority to prescribe 10
controlled substances, the PA shall satisfy all requirements imposed by such State in 11
granting or renewing such authority. 12
SECTION 5. DESIGNATION OF THE STATE FROM WHICH LICENSEE IS 13
APPLYING FOR A COMPACT PRIVILEGE. 14
(A) Upon a Licensee's application for a Compact Privilege, the Licensee shall 15
identify to the Commission the Participating State from which the Licensee is 16
applying, in accordance with applicable Rules adopted by the Commission, and 17
subject to the following requirements: 18
(1) When applying for a Compact Privilege, the Licensee shall provide 19
the Commission with the address of the Licensee's primary residence and thereafter 20
shall immediately report to the Commission any change in the address of the 21
Licensee's primary residence. 22
(2) When applying for a Compact Privilege, the Licensee is required to 23
consent to accept service of process by mail at the Licensee's primary residence on file 24
with the Commission with respect to any action brought against the Licensee by the 25
Commission or a Participating State, including a subpoena, with respect to any action 26
brought or investigation conducted by the Commission or a Participating State. 27
SECTION 6. ADVERSE ACTIONS. 28
(A) A Participating State in which a Licensee is licensed shall have exclusive 29
power to impose Adverse Action against the Qualifying License issued by that 30
Participating State. 31
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(B) In addition to the other powers conferred by State law, a Remote State 1
shall have the authority, in accordance with existing State due process law, to do all of 2
the following: 3
(1) Take Adverse Action against a PA's Compact Privilege within that 4
State to remove a Licensee's Compact Privilege or take other action necessary under 5
applicable law to protect the health and safety of its citizens. 6
(2) Issue subpoenas for both hearings and investigations that require 7
the attendance and testimony of witnesses as well as the production of evidence. 8
Subpoenas issued by a Licensing Board in a Participating State for the attendance and 9
testimony of witnesses or the production of evidence from another Participating State 10
shall be enforced in the latter State by any court of competent jurisdiction, according 11
to the practice and procedure of that court applicable to subpoenas issued in 12
proceedings pending before it. The issuing authority shall pay any witness fees, travel 13
expenses, mileage and other fees required by the service statutes of the State in which 14
the witnesses or evidence are located. 15
(3) Notwithstanding (2) of this subsection, subpoenas may not be 16
issued by a Participating State to gather evidence of conduct in another State that is 17
lawful in that other State for the purpose of taking Adverse Action against a Licensee's 18
Compact Privilege or application for a Compact Privilege in that Participating State. 19
(4) Nothing in this Compact authorizes a Participating State to impose 20
discipline against a PA's Compact Privilege or to deny an application for a Compact 21
Privilege in that Participating State for the individual's otherwise lawful practice in 22
another State. 23
(C) For purposes of taking Adverse Action, the Participating State which 24
issued the Qualifying License shall give the same priority and effect to reported 25
conduct received from any other Participating State as it would if the conduct had 26
occurred within the Participating State which issued the Qualifying License. In so 27
doing, that Participating State shall apply its own State laws to determine appropriate 28
action. 29
(D) A Participating State, if otherwise permitted by State law, may recover 30
from the affected PA the costs of investigations and disposition of cases resulting from 31
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any Adverse Action taken against that PA. 1
(E) A Participating State may take Adverse Action based on the factual 2
findings of a Remote State, provided that the Participating State follows its own 3
procedures for taking the Adverse Action. 4
(F) Joint Investigations. 5
(1) In addition to the authority granted to a Participating State by its 6
respective State PA laws and regulations or other applicable State law, any 7
Participating State may participate with other Participating States in joint 8
investigations of Licensees. 9
(2) Participating States shall share any investigative, litigation, or 10
compliance materials in furtherance of any joint or individual investigation initiated 11
under this Compact. 12
(G) If an Adverse Action is taken against a PA's Qualifying License, the PA's 13
Compact Privilege in all Remote States shall be deactivated until two (2) years have 14
elapsed after all restrictions have been removed from the State License. All 15
disciplinary orders by the Participating State which issued the Qualifying License that 16
impose Adverse Action against a PA's License shall include a Statement that the PA's 17
Compact Privilege is deactivated in all Participating States during the pendency of the 18
order. 19
(H) If any Participating State takes Adverse Action, it promptly shall notify 20
the administrator of the Data System. 21
SECTION 7. ESTABLISHMENT OF THE PA LICENSURE COMPACT 22
COMMISSION. 23
(A) The Participating States hereby create and establish a joint government 24
agency and national administrative body known as the PA Licensure Compact 25
Commission. The Commission is an instrumentality of the Compact States acting 26
jointly and not an instrumentality of any one State. The Commission shall come into 27
existence on or after the effective date of the Compact as set forth in Section 11(A). 28
(B) Membership, Voting, and Meetings. 29
(1) Each Participating State shall have and be limited to one (1) 30
delegate selected by that Participating State's Licensing Board or, if the State has more 31
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than one Licensing Board, selected collectively by the Participating State's Licensing 1
Boards. 2
(2) The delegate shall be either: 3
(a) A current PA, physician or public member of a Licensing 4
Board or PA Council/Committee; or 5
(b) An administrator of a Licensing Board. 6
(3) Any delegate may be removed or suspended from office as 7
provided by the laws of the State from which the delegate is appointed. 8
(4) The Participating State Licensing Board shall fill any vacancy 9
occurring in the Commission within sixty (60) days. 10
(5) Each delegate shall be entitled to one (1) vote on all matters voted 11
on by the Commission and shall otherwise have an opportunity to participate in the 12
business and affairs of the Commission. A delegate shall vote in person or by such 13
other means as provided in the bylaws. The bylaws may provide for delegates' 14
participation in meetings by telecommunications, video conference, or other means of 15
communication. 16
(6) The Commission shall meet at least once during each calendar 17
year. Additional meetings shall be held as set forth in this Compact and the bylaws. 18
(7) The Commission shall establish by Rule a term of office for 19
delegates. 20
(C) The Commission shall have the following powers and duties: 21
(1) Establish a code of ethics for the Commission; 22
(2) Establish the fiscal year of the Commission; 23
(3) Establish fees; 24
(4) Establish bylaws; 25
(5) Maintain its financial records in accordance with the bylaws; 26
(6) Meet and take such actions as are consistent with the provisions of 27
this Compact and the bylaws; 28
(7) Promulgate Rules to facilitate and coordinate implementation and 29
administration of this Compact. The Rules shall have the force and effect of law and 30
shall be binding in all Participating States; 31
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(8) Bring and prosecute legal proceedings or actions in the name of the 1
Commission, provided that the standing of any State Licensing Board to sue or be 2
sued under applicable law shall not be affected; 3
(9) Purchase and maintain insurance and bonds; 4
(10) Borrow, accept, or contract for services of personnel, including, 5
but not limited to, employees of a Participating State; 6
(11) Hire employees and engage contractors, elect or appoint officers, 7
fix compensation, define duties, grant such individuals appropriate authority to carry 8
out the purposes of this Compact, and establish the Commission's personnel policies 9
and programs relating to conflicts of interest, qualifications of personnel, and other 10
related personnel matters; 11
(12) Accept any and all appropriate donations and grants of money, 12
equipment, supplies, materials and services, and receive, utilize and dispose of the 13
same; provided that at all times the Commission shall avoid any appearance of 14
impropriety or conflict of interest; 15
(13) Lease, purchase, accept appropriate gifts or donations of, or 16
otherwise own, hold, improve or use, any property, real, personal or mixed; provided 17
that at all times the Commission shall avoid any appearance of impropriety; 18
(14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 19
otherwise dispose of any property real, personal, or mixed; 20
(15) Establish a budget and make expenditures; 21
(16) Borrow money; 22
(17) Appoint committees, including standing committees composed of 23
members, State regulators, State legislators or their representatives, and consumer 24
representatives, and such other interested persons as may be designated in this 25
Compact and the bylaws; 26
(18) Provide and receive information from, and cooperate with, law 27
enforcement agencies; 28
(19) Elect a Chair, Vice Chair, Secretary and Treasurer and such other 29
officers of the Commission as provided in the Commission's bylaws; 30
(20) Reserve for itself, in addition to those reserved exclusively to the 31
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Commission under the Compact, powers that the Executive Committee may not 1
exercise; 2
(21) Approve or disapprove a State's participation in the Compact 3
based upon its determination as to whether the State's Compact legislation departs in a 4
material manner from the Model Compact language; 5
(22) Prepare and provide to the Participating States an annual report; 6
and 7
(23) Perform such other functions as may be necessary or appropriate 8
to achieve the purposes of this Compact consistent with the State regulation of PA 9
licensure and practice. 10
(D) Meetings of the Commission. 11
(1) All meetings of the Commission that are not closed pursuant to this 12
subsection shall be open to the public. Notice of public meetings shall be posted on the 13
Commission's website at least thirty (30) days prior to the public meeting. 14
(2) Notwithstanding (D)(1) of this Section, the Commission may 15
convene a public meeting by providing at least twenty-four (24) hours prior notice on 16
the Commission's website, and any other means as provided in the Commission's 17
Rules, for any of the reasons it may dispense with notice of proposed rulemaking 18
under Section 9(L). 19
(3) The Commission may convene in a closed, non-public meeting or 20
non-public part of a public meeting to receive legal advice or to discuss: 21
(a) Non-compliance of a Participating State with its obligations 22
under this Compact; 23
(b) The employment, compensation, discipline or other matters, 24
practices or procedures related to specific employees or other matters related to 25
the Commission's internal personnel practices and procedures; 26
(c) Current, threatened, or reasonably anticipated litigation; 27
(d) Negotiation of contracts for the purchase, lease, or sale of 28
goods, services, or real estate; 29
(e) Accusing any person of a crime or formally censuring any 30
person; 31
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(f) Disclosure of trade secrets or commercial or financial 1
information that is privileged or confidential; 2
(g) Disclosure of information of a personal nature where 3
disclosure would constitute a clearly unwarranted invasion of personal privacy; 4
(h) Disclosure of investigative records compiled for law 5
enforcement purposes; 6
(i) Disclosure of information related to any investigative 7
reports prepared by or on behalf of or for use of the Commission or other 8
committee charged with responsibility of investigation or determination of 9
compliance issues pursuant to this Compact; 10
(j) Legal advice; or 11
(k) Matters specifically exempted from disclosure by federal or 12
Participating States' statutes. 13
(4) If a meeting, or portion of a meeting, is closed pursuant to this 14
provision, the chair of the meeting or the chair's designee shall certify that the meeting 15
or portion of the meeting may be closed and shall reference each relevant exempting 16
provision. 17
(5) The Commission shall keep minutes that fully and clearly describe 18
all matters discussed in a meeting and shall provide a full and accurate summary of 19
actions taken, including a description of the views expressed. All documents 20
considered in connection with an action shall be identified in such minutes. All 21
minutes and documents of a closed meeting shall remain under seal, subject to release 22
by a majority vote of the Commission or order of a court of competent jurisdiction. 23
(E) Financing of the Commission. 24
(1) The Commission shall pay, or provide for the payment of, the 25
reasonable expenses of its establishment, organization, and ongoing activities. 26
(2) The Commission may accept any and all appropriate revenue 27
sources, donations, and grants of money, equipment, supplies, materials, and services. 28
(3) The Commission may levy on and collect an annual assessment 29
from each Participating State and may impose Compact Privilege fees on Licensees of 30
Participating States to whom a Compact Privilege is granted to cover the cost of the 31
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operations and activities of the Commission and its staff, which must be in a total 1
amount sufficient to cover its annual budget as approved by the Commission each year 2
for which revenue is not provided by other sources. The aggregate annual assessment 3
amount levied on Participating States shall be allocated based upon a formula to be 4
determined by Commission Rule. 5
(a) A Compact Privilege expires when the Licensee's 6
Qualifying License in the Participating State from which the Licensee applied 7
for the Compact Privilege expires. 8
(b) If the Licensee terminates the Qualifying License through 9
which the Licensee applied for the Compact Privilege before its scheduled 10
expiration, and the Licensee has a Qualifying License in another Participating 11
State, the Licensee shall inform the Commission that it is changing to that 12
Participating State the Participating State through which it applies for a 13
Compact Privilege and pay to the Commission any Compact Privilege fee 14
required by Commission Rule. 15
(4) The Commission shall not incur obligations of any kind prior to 16
securing the funds adequate to meet the same; nor shall the Commission pledge the 17
credit of any of the Participating States, except by and with the authority of the 18
Participating State. 19
(5) The Commission shall keep accurate accounts of all receipts and 20
disbursements. The receipts and disbursements of the Commission shall be subject to 21
the financial review and accounting procedures established under its bylaws. All 22
receipts and disbursements of funds handled by the Commission shall be subject to an 23
annual financial review by a certified or licensed public accountant, and the report of 24
the financial review shall be included in and become part of the annual report of the 25
Commission. 26
(F) The Executive Committee. 27
(1) The Executive Committee shall have the power to act on behalf of 28
the Commission according to the terms of this Compact and Commission Rules. 29
(2) The Executive Committee shall be composed of nine (9) members: 30
(a) Seven voting members who are elected by the Commission 31
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from the current membership of the Commission; 1
(b) One ex-officio, nonvoting member from a recognized 2
national PA professional association; and 3
(c) One ex-officio, nonvoting member from a recognized 4
national PA certification organization. 5
(3) The ex-officio members will be selected by their respective 6
organizations. 7
(4) The Commission may remove any member of the Executive 8
Committee as provided in its bylaws. 9
(5) The Executive Committee shall meet at least annually. 10
(6) The Executive Committee shall have the following duties and 11
responsibilities: 12
(a) Recommend to the Commission changes to the 13
Commission's Rules or bylaws, changes to this Compact legislation, fees to be 14
paid by Compact Participating States such as annual dues, and any 15
Commission Compact fee charged to Licensees for the Compact Privilege; 16
(b) Ensure Compact administration services are appropriately 17
provided, contractual or otherwise; 18
(c) Prepare and recommend the budget; 19
(d) Maintain financial records on behalf of the Commission; 20
(e) Monitor Compact compliance of Participating States and 21
provide compliance reports to the Commission; 22
(f) Establish additional committees as necessary; 23
(g) Exercise the powers and duties of the Commission during 24
the interim between Commission meetings, except for issuing proposed 25
rulemaking or adopting Commission Rules or bylaws, or exercising any other 26
powers and duties exclusively reserved to the Commission by the 27
Commission's Rules; and 28
(h) Perform other duties as provided in the Commission's Rules 29
or bylaws. 30
(7) All meetings of the Executive Committee at which it votes or plans 31
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to vote on matters in exercising the powers and duties of the Commission shall be 1
open to the public and public notice of such meetings shall be given as public 2
meetings of the Commission are given. 3
(8) The Executive Committee may convene in a closed, non-public 4
meeting for the same reasons that the Commission may convene in a non-public 5
meeting as set forth in Section 7(D)(3) and shall announce the closed meeting as the 6
Commission is required to under Section 7(D)(4) and keep minutes of the closed 7
meeting as the Commission is required to under Section 7(D)(5). 8
(G) 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, both 11
personally and in their official capacity, for any claim for damage to or loss of 12
property or personal injury or other civil liability caused by or arising out of any actual 13
or alleged act, error, or omission that occurred, or that the person against whom the 14
claim is made had a reasonable basis for believing occurred within the scope of 15
Commission employment, duties or responsibilities; provided that nothing in this 16
paragraph shall be construed to protect any such person from suit or liability for any 17
damage, loss, injury, or liability caused by the intentional or willful or wanton 18
misconduct of that person. The procurement of insurance of any type by the 19
Commission shall not in any way compromise or limit the immunity granted 20
hereunder. 21
(2) The Commission shall defend any member, officer, executive 22
director, employee, and representative of the Commission in any civil action seeking 23
to impose liability arising out of any actual or alleged act, error, or omission that 24
occurred within the scope of Commission employment, duties, or responsibilities, or 25
as determined by the Commission that the person against whom the claim is made had 26
a reasonable basis for believing occurred within the scope of Commission 27
employment, duties, or responsibilities; provided that nothing herein shall be 28
construed to prohibit that person from retaining their own counsel at their own 29
expense; and provided further, that the actual or alleged act, error, or omission did not 30
result from that person's intentional or willful or wanton misconduct. 31
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(3) The Commission shall indemnify and hold harmless any member, 1
officer, executive director, employee, and representative of the Commission for the 2
amount of any settlement or judgment obtained against that person arising out of any 3
actual or alleged act, error, or omission that occurred within the scope of Commission 4
employment, duties, or responsibilities, or that such person had a reasonable basis for 5
believing occurred within the scope of Commission employment, duties, or 6
responsibilities, provided that the actual or alleged act, error, or omission did not result 7
from the intentional or willful or wanton misconduct of that person. 8
(4) Venue is proper and judicial proceedings by or against the 9
Commission shall be brought solely and exclusively in a court of competent 10
jurisdiction where the principal office of the Commission is located. The Commission 11
may waive venue and jurisdictional defenses in any proceedings as authorized by 12
Commission Rules. 13
(5) Nothing herein shall be construed as a limitation on the liability of 14
any Licensee for professional malpractice or misconduct, which shall be governed 15
solely by any other applicable State laws. 16
(6) Nothing herein shall be construed to designate the venue or 17
jurisdiction to bring actions for alleged acts of malpractice, professional misconduct, 18
negligence, or other such civil action pertaining to the practice of a PA. All such 19
matters shall be determined exclusively by State law other than this Compact. 20
(7) Nothing in this Compact shall be interpreted to waive or otherwise 21
abrogate a Participating State's state action immunity or state action affirmative 22
defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any 23
other State or federal antitrust or anticompetitive law or regulation. 24
(8) Nothing in this Compact shall be construed to be a waiver of 25
sovereign immunity by the Participating States or by the Commission. 26
SECTION 8. DATA SYSTEM. 27
(A) The Commission shall provide for the development, maintenance, 28
operation, and utilization of a coordinated data and reporting system containing 29
licensure, Adverse Action, and the reporting of the existence of Significant 30
Investigative Information on all licensed PAs and applicants denied a License in 31
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Participating States. 1
(B) Notwithstanding any other State law to the contrary, a Participating State 2
shall submit a uniform data set to the Data System on all PAs to whom this Compact 3
is applicable (utilizing a unique identifier) as required by the Rules of the 4
Commission, including: 5
(1) Identifying information; 6
(2) Licensure data; 7
(3) Adverse Actions against a License or Compact Privilege; 8
(4) Any denial of application for licensure, and the reason(s) for such 9
denial (excluding the reporting of any Criminal history record information where 10
prohibited by law); 11
(5) The existence of Significant Investigative Information; and 12
(6) Other information that may facilitate the administration of this 13
Compact, as determined by the Rules of the Commission. 14
(C) Significant Investigative Information pertaining to a Licensee in any 15
Participating State shall only be available to other Participating States. 16
(D) The Commission shall promptly notify all Participating States of any 17
Adverse Action taken against a Licensee or an individual applying for a License that 18
has been reported to it. This Adverse Action information shall be available to any 19
other Participating State. 20
(E) Participating States contributing information to the Data System may, in 21
accordance with State or federal law, designate information that may not be shared 22
with the public without the express permission of the contributing State. 23
Notwithstanding any such designation, such information shall be reported to the 24
Commission through the Data System. 25
(F) Any information submitted to the Data System that is subsequently 26
expunged pursuant to federal law or the laws of the Participating State contributing the 27
information shall be removed from the Data System upon reporting of such by the 28
Participating State to the Commission. 29
(G) The records and information provided to a Participating State pursuant to 30
this Compact or through the Data System, when certified by the Commission or an 31
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agent thereof, shall constitute the authenticated business records of the Commission, 1
and shall be entitled to any associated hearsay exception in any relevant judicial, 2
quasi-judicial or administrative proceedings in a Participating State. 3
SECTION 9. RULEMAKING. 4
(A) The Commission shall exercise its Rulemaking powers pursuant to the 5
criteria set forth in this Section and the Rules adopted thereunder. Commission Rules 6
shall become binding as of the date specified by the Commission for each Rule. 7
(B) The Commission shall promulgate reasonable Rules in order to effectively 8
and efficiently implement and administer this Compact and achieve its purposes. A 9
Commission Rule shall be invalid and have no force or effect only if a court of 10
competent jurisdiction holds that the Rule is invalid because the Commission 11
exercised its rulemaking authority in a manner that is beyond the scope of the 12
purposes of this Compact, or the powers granted hereunder, or based upon another 13
applicable standard of review. 14
(C) The Rules of the Commission shall have the force of law in each 15
Participating State, provided however that where the Rules of the Commission conflict 16
with the laws of the Participating State that establish the medical services a PA may 17
perform in the Participating State, as held by a court of competent jurisdiction, the 18
Rules of the Commission shall be ineffective in that State to the extent of the conflict. 19
(D) If a majority of the legislatures of the Participating States rejects a 20
Commission Rule, by enactment of a statute or resolution in the same manner used to 21
adopt this Compact within four (4) years of the date of adoption of the Rule, then such 22
Rule shall have no further force and effect in any Participating State or to any State 23
applying to participate in the Compact. 24
(E) Commission Rules shall be adopted at a regular or special meeting of the 25
Commission. 26
(F) Prior to promulgation and adoption of a final Rule or Rules by the 27
Commission, and at least thirty (30) days in advance of the meeting at which the Rule 28
will be considered and voted upon, the Commission shall file a Notice of Proposed 29
Rulemaking: 30
(1) On the website of the Commission or other publicly accessible 31
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platform; and 1
(2) To persons who have requested notice of the Commission's notices 2
of proposed rulemaking; and 3
(3) In such other way(s) as the Commission may by Rule specify. 4
(G) The Notice of Proposed Rulemaking shall include: 5
(1) The time, date, and location of the public hearing on the proposed 6
Rule and the proposed time, date and location of the meeting in which the proposed 7
Rule will be considered and voted upon; 8
(2) The text of the proposed Rule and the reason for the proposed 9
Rule; 10
(3) A request for comments on the proposed Rule from any interested 11
person and the date by which written comments must be received; and 12
(4) The manner in which interested persons may submit notice to the 13
Commission of their intention to attend the public hearing or provide any written 14
comments. 15
(H) 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
(I) If the hearing is to be held via electronic means, the Commission shall 19
publish the mechanism for access to the electronic hearing. 20
(1) All persons wishing to be heard at the hearing shall as directed in 21
the Notice of Proposed Rulemaking, not less than five (5) business days before the 22
scheduled date of the hearing, notify the Commission of their desire to appear and 23
testify at the hearing. 24
(2) Hearings shall be conducted in a manner providing each person 25
who wishes to comment a fair and reasonable opportunity to comment orally or in 26
writing. 27
(3) All hearings shall be recorded. A copy of the recording and the 28
written comments, data, facts, opinions, and arguments received in response to the 29
proposed rulemaking shall be made available to a person upon request. 30
(4) Nothing in this section shall be construed as requiring a separate 31
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hearing on each proposed Rule. Proposed Rules may be grouped for the convenience 1
of the Commission at hearings required by this section. 2
(J) Following the public hearing the Commission shall consider all written and 3
oral comments timely received. 4
(K) The Commission shall, by majority vote of all delegates, take final action 5
on the proposed Rule and shall determine the effective date of the Rule, if adopted, 6
based on the Rulemaking record and the full text of the Rule. 7
(1) If adopted, the Rule shall be posted on the Commission's website. 8
(2) The Commission may adopt changes to the proposed Rule 9
provided the changes do not enlarge the original purpose of the proposed Rule. 10
(3) The Commission shall provide on its website an explanation of the 11
reasons for substantive changes made to the proposed Rule as well as reasons for 12
substantive changes not made that were recommended by commenters. 13
(4) The Commission shall determine a reasonable effective date for the 14
Rule. Except for an emergency as provided in (L) of this Section, the effective date of 15
the Rule shall be no sooner than thirty (30) days after the Commission issued the 16
notice that it adopted the Rule. 17
(L) Upon determination that an emergency exists, the Commission may 18
consider and adopt an emergency Rule with twenty-four (24) hours prior notice, 19
without the opportunity for comment, or hearing, provided that the usual rulemaking 20
procedures provided in this Compact and in this section shall be retroactively applied 21
to the Rule as soon as reasonably possible, in no event later than ninety (90) days after 22
the effective date of the Rule. For the purposes of this provision, an emergency Rule is 23
one that must be adopted immediately by the Commission in order to: 24
(1) Meet an imminent threat to public health, safety, or welfare; 25
(2) Prevent a loss of Commission or Participating State funds; 26
(3) Meet a deadline for the promulgation of a Commission Rule that is 27
established by federal law or Rule; or 28
(4) Protect public health and safety. 29
(M) The Commission or an authorized committee of the Commission may 30
direct revisions to a previously adopted Commission Rule for purposes of correcting 31
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typographical errors, errors in format, errors in consistency, or grammatical errors. 1
Public notice of any revisions shall be posted on the website of the Commission. The 2
revision shall be subject to challenge by any person for a period of thirty (30) days 3
after posting. The revision may be challenged only on grounds that the revision results 4
in a material change to a Rule. A challenge shall be made as set forth in the notice of 5
revisions and delivered to the Commission prior to the end of the notice period. If no 6
challenge is made, the revision will take effect without further action. If the revision is 7
challenged, the revision may not take effect without the approval of the Commission. 8
(N) No Participating State's rulemaking requirements shall apply under this 9
Compact. 10
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 11
(A) Oversight. 12
(1) The executive and judicial branches of State government in each 13
Participating State shall enforce this Compact and take all actions necessary and 14
appropriate to implement the Compact. 15
(2) Venue is proper and judicial proceedings by or against the 16
Commission shall be brought solely and exclusively in a court of competent 17
jurisdiction where the principal office of the Commission is located. The Commission 18
may waive venue and jurisdictional defenses to the extent it adopts or consents to 19
participate in alternative dispute resolution proceedings. Nothing herein shall affect or 20
limit the selection or propriety of venue in any action against a Licensee for 21
professional malpractice, misconduct or any such similar matter. 22
(3) The Commission shall be entitled to receive service of process in 23
any proceeding regarding the enforcement or interpretation of the Compact or the 24
Commission's Rules and shall have standing to intervene in such a proceeding for all 25
purposes. Failure to provide the Commission with service of process shall render a 26
judgment or order in such proceeding void as to the Commission, this Compact, or 27
Commission Rules. 28
(B) Default, Technical Assistance, and Termination. 29
(1) If the Commission determines that a Participating State has 30
defaulted in the performance of its obligations or responsibilities under this Compact 31
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or the Commission Rules, the Commission shall provide written notice to the 1
defaulting State and other Participating States. The notice shall describe the default, 2
the proposed means of curing the default and any other action that the Commission 3
may take and shall offer remedial training and specific technical assistance regarding 4
the default. 5
(2) If a State in default fails to cure the default, the defaulting State 6
may be terminated from this Compact upon an affirmative vote of a majority of the 7
delegates of the Participating States, and all rights, privileges and benefits conferred 8
by this Compact upon such State may be terminated on the effective date of 9
termination. A cure of the default does not relieve the offending State of obligations or 10
liabilities incurred during the period of default. 11
(3) Termination of participation in this Compact shall be imposed only 12
after all other means of securing compliance have been exhausted. Notice of intent to 13
suspend or terminate shall be given by the Commission to the governor, the majority 14
and minority leaders of the defaulting State's legislature, and to the Licensing Board(s) 15
of each of the Participating States. 16
(4) A State that has been terminated is responsible for all assessments, 17
obligations, and liabilities incurred through the effective date of termination, including 18
obligations that extend beyond the effective date of termination. 19
(5) The Commission shall not bear any costs related to a State that is 20
found to be in default or that has been terminated from this Compact, unless agreed 21
upon in writing between the Commission and the defaulting State. 22
(6) The defaulting State may appeal its termination from the Compact 23
by the Commission by petitioning the U.S. District Court for the District of Columbia 24
or the federal district where the Commission has its principal offices. The prevailing 25
member shall be awarded all costs of such litigation, including reasonable attorney's 26
fees. 27
(7) Upon the termination of a State's participation in the Compact, the 28
State shall immediately provide notice to all Licensees within that State of such 29
termination: 30
(a) Licensees who have been granted a Compact Privilege in 31
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that State shall retain the Compact Privilege for one hundred eighty (180) days 1
following the effective date of such termination. 2
(b) Licensees who are licensed in that State who have been 3
granted a Compact Privilege in a Participating State shall retain the Compact 4
Privilege for one hundred eighty (180) days unless the Licensee also has a 5
Qualifying License in a Participating State or obtains a Qualifying License in a 6
Participating State before the one hundred eighty (180)-day period ends, in 7
which case the Compact Privilege shall continue. 8
(C) Dispute Resolution. 9
(1) Upon request by a Participating State, the Commission shall 10
attempt to resolve disputes related to this Compact that arise among Participating 11
States and between participating and non-Participating States. 12
(2) The Commission shall promulgate a Rule providing for both 13
mediation and binding dispute resolution for disputes as appropriate. 14
(D) Enforcement. 15
(1) The Commission, in the reasonable exercise of its discretion, shall 16
enforce the provisions of this Compact and Rules of the Commission. 17
(2) If compliance is not secured after all means to secure compliance 18
have been exhausted, by majority vote, the Commission may initiate legal action in the 19
United States District Court for the District of Columbia or the federal district where 20
the Commission has its principal offices, against a Participating State in default to 21
enforce compliance with the provisions of this Compact and the Commission's 22
promulgated Rules and bylaws. The relief sought may include both injunctive relief 23
and damages. In the event judicial enforcement is necessary, the prevailing party shall 24
be awarded all costs of such litigation, including reasonable attorney's fees. 25
(3) The remedies herein shall not be the exclusive remedies of the 26
Commission. The Commission may pursue any other remedies available under federal 27
or State law. 28
(E) Legal Action Against the Commission. 29
(1) A Participating State may initiate legal action against the 30
Commission in the U.S. District Court for the District of Columbia or the federal 31
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district where the Commission has its principal offices to enforce compliance with the 1
provisions of the Compact and its Rules. The relief sought may include both injunctive 2
relief and damages. In the event judicial enforcement is necessary, the prevailing party 3
shall be awarded all costs of such litigation, including reasonable attorney's fees. 4
(2) No person other than a Participating State shall enforce this 5
Compact against the Commission. 6
SECTION 11. DATE OF IMPLEMENTATION OF THE PA LICENSURE 7
COMPACT COMMISSION. 8
(A) This Compact shall come into effect on the date on which this Compact 9
statute is enacted into law in the seventh Participating State. 10
(1) On or after the effective date of the Compact, the Commission shall 11
convene and review the enactment of each of the States that enacted the Compact prior 12
to the Commission convening ("Charter Participating States") to determine if the 13
statute enacted by each such Charter Participating State is materially different than the 14
Model Compact. 15
(a) A Charter Participating State whose enactment is found to 16
be materially different from the Model Compact shall be entitled to the default 17
process set forth in Section 10(B). 18
(b) If any Participating State later withdraws from the Compact 19
or its participation is terminated, the Commission shall remain in existence and 20
the Compact shall remain in effect even if the number of Participating States 21
should be less than seven. Participating States enacting the Compact 22
subsequent to the Commission convening shall be subject to the process set 23
forth in Section 7(C)(21) to determine if their enactments are materially 24
different from the Model Compact and whether they qualify for participation in 25
the Compact. 26
(2) Participating States enacting the Compact subsequent to the seven 27
initial Charter Participating States shall be subject to the process set forth in Section 28
7(C)(21) to determine if their enactments are materially different from the Model 29
Compact and whether they qualify for participation in the Compact. 30
(3) All actions taken for the benefit of the Commission or in 31
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furtherance of the purposes of the administration of the Compact prior to the effective 1
date of the Compact or the Commission coming into existence shall be considered to 2
be actions of the Commission unless specifically repudiated by the Commission. 3
(B) Any State that joins this Compact shall be subject to the Commission's 4
Rules and bylaws as they exist on the date on which this Compact becomes law in that 5
State. Any Rule that has been previously adopted by the Commission shall have the 6
full force and effect of law on the day this Compact becomes law in that State. 7
(C) Any Participating State may withdraw from this Compact by enacting a 8
statute repealing the same. 9
(1) A Participating State's withdrawal shall not take effect until one 10
hundred eighty (180) days after enactment of the repealing statute. During this one 11
hundred eighty (180) day-period, all Compact Privileges that were in effect in the 12
withdrawing State and were granted to Licensees licensed in the withdrawing State 13
shall remain in effect. If any Licensee licensed in the withdrawing State is also 14
licensed in another Participating State or obtains a license in another Participating 15
State within the one hundred eighty (180) days, the Licensee's Compact Privileges in 16
other Participating States shall not be affected by the passage of the one hundred 17
eighty (180) days. 18
(2) Withdrawal shall not affect the continuing requirement of the State 19
Licensing Board(s) of the withdrawing State to comply with the investigative, and 20
Adverse Action reporting requirements of this Compact prior to the effective date of 21
withdrawal. 22
(3) Upon the enactment of a statute withdrawing a State from this 23
Compact, the State shall immediately provide notice of such withdrawal to all 24
Licensees within that State. Such withdrawing State shall continue to recognize all 25
licenses granted pursuant to this Compact for a minimum of one hundred eighty (180) 26
days after the date of such notice of withdrawal. 27
(D) Nothing contained in this Compact shall be construed to invalidate or 28
prevent any PA licensure agreement or other cooperative arrangement between 29
Participating States and between a Participating State and non-Participating State that 30
does not conflict with the provisions of this Compact. 31
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(E) This Compact may be amended by the Participating States. No amendment 1
to this Compact shall become effective and binding upon any Participating State until 2
it is enacted materially in the same manner into the laws of all Participating States as 3
determined by the Commission. 4
SECTION 12. CONSTRUCTION AND SEVERABILITY. 5
(A) This Compact and the Commission's rulemaking authority shall be 6
liberally construed so as to effectuate the purposes, and the implementation and 7
administration of the Compact. Provisions of the Compact expressly authorizing or 8
requiring the promulgation of Rules shall not be construed to limit the Commission's 9
rulemaking authority solely for those purposes. 10
(B) The provisions of this Compact shall be severable and if any phrase, 11
clause, sentence or provision of this Compact is held by a court of competent 12
jurisdiction to be contrary to the constitution of any Participating State, a State seeking 13
participation in the Compact, or of the United States, or the applicability thereof to any 14
government, agency, person or circumstance is held to be unconstitutional by a court 15
of competent jurisdiction, the validity of the remainder of this Compact and the 16
applicability thereof to any other government, agency, person or circumstance shall 17
not be affected thereby. 18
(C) Notwithstanding (B) of this section or this section, the Commission may 19
deny a State's participation in the Compact or, in accordance with the requirements of 20
Section 10(B), terminate a Participating State's participation in the Compact, if it 21
determines that a constitutional requirement of a Participating State is, or would be 22
with respect to a State seeking to participate in the Compact, a material departure from 23
the Compact. Otherwise, if this Compact shall be held to be contrary to the 24
constitution of any Participating State, the Compact shall remain in full force and 25
effect as to the remaining Participating States and in full force and effect as to the 26
Participating State affected as to all severable matters. 27
SECTION 13. BINDING EFFECT OF COMPACT. 28
(A) Nothing herein prevents the enforcement of any other law of a 29
Participating State that is not inconsistent with this Compact. 30
(B) Any laws in a Participating State in conflict with this Compact are 31
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superseded to the extent of the conflict. 1
(C) All agreements between the Commission and the Participating States are 2
binding in accordance with their terms. 3
* Sec. 4. AS 08.64.315 is amended to read: 4
Sec. 08.64.315. Fees. The department shall set fees under AS 08.01.065 for 5
each of the following: 6
(1) application; 7
(2) license by examination; 8
(3) license by endorsement or waiver of examination; 9
(4) temporary permit; 10
(5) locum tenens permit; 11
(6) license renewal, active; 12
(7) license renewal, inactive; 13
(8) license by reexamination; 14
(9) expedited license issued or renewed through the Interstate 15
Medical Licensure Compact under AS 08.64.253; 16
(10) compact privilege. 17
* Sec. 5. AS 08.86.070 is amended to read: 18
Sec. 08.86.070. Duties of the board. The board shall 19
(1) establish objective examination requirements for persons who 20
apply for a license to practice psychology in the state; 21
(2) examine, or cause to be examined, eligible license applicants; 22
(3) approve the issuance of licenses to qualified applicants; 23
(4) adopt regulations establishing standards for the practice of 24
psychology; 25
(5) impose disciplinary sanctions as authorized by this chapter; 26
(6) adopt regulations requiring proof of continued competency for 27
license renewal; 28
(7) review, when requested by the department, the quality and 29
availability of psychological services in the state; 30
(8) compile information for submission to the department on the 31
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practice of psychology by psychologists and psychological associates in the state; 1
(9) implement the Psychology Interjurisdictional Compact under 2
AS 08.86.225. 3
* Sec. 6. AS 08.86.130(a) is amended to read: 4
(a) The board shall issue a psychologist license to a person who 5
(1) holds an earned doctorate degree, from an academic institution 6
whose program of graduate study for a doctorate degree in psychology meets the 7
criteria established by the board by regulation, in 8
(A) clinical psychology; 9
(B) counseling psychology; or 10
(C) education in a field of specialization considered equivalent 11
by the board; 12
(2) has not engaged in dishonorable conduct related to the practice of 13
counseling or psychometry; 14
(3) has one year of post doctoral supervised experience approved by 15
the board; [AND] 16
(4) takes and passes the objective examination developed or approved 17
by the board; and 18
(5) has been fingerprinted and has provided the fees required by 19
the Department of Public Safety under AS 12.62.160 for criminal justice 20
information and a national criminal history record check; the fingerprints and 21
fees shall be forwarded to the Department of Public Safety to obtain a report of 22
criminal justice information under AS 12.62 and a national criminal history 23
record check under AS 12.62.400. 24
* Sec. 7. AS 08.86.140(a) is amended to read: 25
(a) The department shall set fees under AS 08.01.065 for the following: 26
(1) application; 27
(2) examination; 28
(3) credential review; 29
(4) initial license; 30
(5) license renewal; 31
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(6) authority to practice under AS 08.86.225. 1
* Sec. 8. AS 08.86.150 is amended to read: 2
Sec. 08.86.150. License by credentials. A person who is licensed or certified 3
as a psychologist by a licensing authority other than the state is entitled to be licensed 4
in the state without examination if the person applies on the proper application form, 5
submits proof of continued competence as required by regulation of the board, 6
submits the person's fingerprints and fees as required under (b) of this section, 7
pays the credential review fee, and the person 8
(1) holds a doctoral degree with primary emphasis on psychology that 9
satisfies the requirements of AS 08.86.130 and the examination and qualification 10
requirements for the person's out-of-state license or certificate were essentially similar 11
to or higher than the examination and qualification requirements for licensure under 12
this chapter; 13
(2) is a diplomate in good standing of the American Board of 14
Professional Psychology; or 15
(3) is certified or registered with a credentialing organization in 16
psychology approved by the board in regulation and with requirements essentially 17
similar to or higher than the requirements for licensure under this chapter. 18
* Sec. 9. AS 08.86.150 is amended by adding a new subsection to read: 19
(b) An applicant for a license by credentials shall submit to the board 20
the applicant's fingerprints and the fees required by the Department of Public Safety 21
under AS 12.62.160 for criminal justice information and a national criminal history 22
record check. The board shall forward the fingerprints and fees to the Department of 23
Public Safety to obtain a report of criminal justice information under AS 12.62 and a 24
national criminal history record check under AS 12.62.400. 25
* Sec. 10. AS 08.86 is amended by adding a new section to read: 26
Article 5A. Psychology Interjurisdictional Compact. 27
Sec. 08.86.225. Compact enacted. The Psychology Interjurisdictional 28
Compact as contained in this section is enacted into law and entered into on behalf of 29
the state with all other states and jurisdictions legally joining it in a form substantially 30
as follows: 31
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ARTICLE I. PURPOSE. 1
Whereas, states license psychologists, in order to protect the public through 2
verification of education, training and experience and ensure accountability for 3
professional practice; and 4
Whereas, this Compact is intended to regulate the day to day practice of 5
telepsychology (i.e. the provision of psychological services using telecommunication 6
technologies) by psychologists across state boundaries in the performance of their 7
psychological practice as assigned by an appropriate authority; and 8
Whereas, this Compact is intended to regulate the temporary in-person, face-9
to-face practice of psychology by psychologists across state boundaries for 30 days 10
within a calendar year in the performance of their psychological practice as assigned 11
by an appropriate authority; 12
Whereas, this Compact is intended to authorize State Psychology Regulatory 13
Authorities to afford legal recognition, in a manner consistent with the terms of the 14
Compact, to psychologists licensed in another state; 15
Whereas, this Compact recognizes that states have a vested interest in 16
protecting the public's health and safety through their licensing and regulation of 17
psychologists and that such state regulation will best protect public health and safety; 18
Whereas, this Compact does not apply when a psychologist is licensed in both 19
the home and Receiving States; and 20
Whereas, this Compact does not apply to permanent in-person, face-to-face 21
practice, it does allow for authorization of temporary psychological practice. 22
Consistent with these principles, this Compact is designed to achieve the 23
following purposes and objectives: 24
(1) Increase public access to professional psychological services by 25
allowing for telepsychological practice across state lines as well as temporary in-26
person, face-to-face services in a state which the psychologist is not licensed to 27
practice psychology; 28
(2) Enhance the states' ability to protect the public's health and safety, 29
especially client/patient safety; 30
(3) Encourage the cooperation of Compact States in the areas of 31
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psychology licensure and regulation; 1
(4) Facilitate the exchange of information between Compact States 2
regarding psychologist licensure, adverse actions and disciplinary history; 3
(5) Promote compliance with the laws governing psychological 4
practice in each Compact State; and 5
(6) Invest all Compact States with the authority to hold licensed 6
psychologists accountable through the mutual recognition of Compact State licenses. 7
ARTICLE II. DEFINITIONS. 8
As used in this Compact, unless the context clearly requires a different construction, 9
(A) "Adverse Action" means: any action taken by a State Psychology 10
Regulatory Authority which finds a violation of a statute or regulation that is identified 11
by the State Psychology Regulatory Authority as discipline and is a matter of public 12
record; 13
(B) "Association of State and Provincial Psychology Boards" means: 14
the recognized membership organization composed of State and Provincial 15
Psychology Regulatory Authorities responsible for the licensure and registration of 16
psychologists throughout the United States and Canada; 17
(C) "Authority to Practice Interjurisdictional Telepsychology" means: 18
a licensed psychologist's authority to practice telepsychology, within the limits 19
authorized under this Compact, in another Compact State; 20
(D) "Bylaws" means: those Bylaws established by the Psychology 21
Interjurisdictional Compact Commission pursuant to Article X for its governance, or 22
for directing and controlling its actions and conduct; 23
(E) "Client/Patient" means: the recipient of psychological services, 24
whether psychological services are delivered in the context of healthcare, corporate, 25
supervision, and/or consulting services; 26
(F) "Commissioner" means: the voting representative appointed by 27
each State Psychology Regulatory Authority pursuant to Article X; 28
(G) "Compact State" means: a state, the District of Columbia, or 29
United States territory that has enacted this Compact legislation and which has not 30
withdrawn pursuant to Article XIII(C) or been terminated pursuant to Article XII(B); 31
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(H) "Coordinated Licensure Information System" and "Coordinated 1
Database" mean: an integrated process for collecting, storing, and sharing information 2
on psychologists' licensure and enforcement activities related to psychology licensure 3
laws, which is administered by the recognized membership organization composed of 4
state and provincial psychology regulatory authorities; 5
(I) "Confidentiality" means: the principle that data or information is 6
not made available or disclosed to unauthorized persons and/or processes; 7
(J) "Day" means: any part of a day in which psychological work is 8
performed; 9
(K) "Distant State" means: the Compact State where a psychologist is 10
physically present (not through the use of telecommunications technologies), to 11
provide temporary in-person, face-to-face psychological services; 12
(L) "E.Passport" means: a certificate issued by the Association of State 13
and Provincial Psychology Boards that promotes the standardization in the criteria of 14
interjurisdictional telepsychology practice and facilitates the process for licensed 15
psychologists to provide telepsychological services across state lines; 16
(M) "Executive Board" means: a group of directors elected or 17
appointed to act on behalf of, and within the powers granted to them by, the 18
Commission; 19
(N) "Home State" means: a Compact State where a psychologist is 20
licensed to practice psychology; if the psychologist is licensed in more than one 21
Compact State and is practicing under the Authorization to Practice Interjurisdictional 22
Telepsychology, the Home State is the Compact State where the psychologist is 23
physically present when the telepsychological services are delivered, or if the 24
psychologist is licensed in more than one Compact State and is practicing under the 25
Temporary Authorization to Practice, the Home State is any Compact State where the 26
psychologist is licensed; 27
(O) "Identity History Summary" means: a summary of information 28
retained by the Federal Bureau of Investigation, or other designee with similar 29
authority, in connection with arrests and, in some instances, federal employment, 30
naturalization, or military service; 31
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(P) "In-person, Face-to-Face" means: interactions in which the 1
psychologist and the client/patient are in the same physical space and which does not 2
include interactions that may occur through the use of telecommunication 3
technologies; 4
(Q) "Interjurisdictional Practice Certificate" and "IPC" mean: a 5
certificate issued by the Association of State and Provincial Psychology Boards that 6
grants temporary authority to practice based on notification to the State Psychology 7
Regulatory Authority of intention to practice temporarily, and verification of one's 8
qualifications for such practice; 9
(R) "License" means: authorization by a State Psychology Regulatory 10
Authority to engage in the independent practice of psychology, which would be 11
unlawful without the authorization; 12
(S) "Non-Compact State" means: any state which is not at the time a 13
Compact State; 14
(T) "Psychologist" means: an individual licensed for the independent 15
practice of psychology; 16
(U) "Psychology Interjurisdictional Compact Commission" and 17
"Commission" mean: the national administration of which all Compact States are 18
members; 19
(V) "Receiving State" means: a Compact State where the client/patient 20
is physically located when the telepsychological services are delivered; 21
(W) "Rule" means: a written statement by the Psychology 22
Interjurisdictional Compact Commission promulgated pursuant to Article XI of the 23
Compact that is of general applicability, implements, interprets, or prescribes a policy 24
or provision of the Compact, or an organizational, procedural, or practice requirement 25
of the Commission and has the force and effect of statutory law in a Compact State, 26
and includes the amendment, repeal or suspension of an existing Rule; 27
(X) "Significant Investigatory Information" means: 28
(1) investigative information that a State Psychology 29
Regulatory Authority, after a preliminary inquiry that includes notification and 30
an opportunity to respond if required by state law, has reason to believe, if 31
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proven true, would indicate more than a violation of state statute or ethics code 1
that would be considered more substantial than a minor infraction; or 2
(2) investigative information that indicates that the 3
psychologist represents an immediate threat to public health and safety 4
regardless of whether the psychologist has been notified and/or had an 5
opportunity to respond; 6
(Y) "State" means: a state, commonwealth, territory, or possession of 7
the United States, or the District of Columbia; 8
(Z) "State Psychology Regulatory Authority" means: the board, office 9
or other agency with the legislative mandate to license and regulate the practice of 10
psychology; 11
(AA) "Telepsychology" means: the provision of psychological services 12
using telecommunication technologies; 13
(BB) "Temporary Authorization to Practice" means: a licensed 14
psychologist's authority to conduct temporary in-person, face-to-face practice, within 15
the limits authorized under this Compact, in another Compact State; 16
(CC) "Temporary In-Person, Face-to-Face Practice" means: where a 17
psychologist is physically present (not through the use of telecommunications 18
technologies), in the Distant State to provide for the practice of psychology for 30 19
days within a calendar year and based on notification to the Distant State. 20
ARTICLE III. HOME STATE LICENSURE. 21
(A) The Home State shall be a Compact State where a psychologist is licensed 22
to practice psychology. 23
(B) A psychologist may hold one or more Compact State licenses at a time. If 24
the psychologist is licensed in more than one Compact State, the Home State is the 25
Compact State where the psychologist is physically present when the services are 26
delivered as authorized by the Authority to Practice Interjurisdictional Telepsychology 27
under the terms of this Compact. 28
(C) Any Compact State may require a psychologist not previously licensed in 29
a Compact State to obtain and retain a license to be authorized to practice in the 30
Compact State under circumstances not authorized by the Authority to Practice 31
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Interjurisdictional Telepsychology under the terms of this Compact. 1
(D) Any Compact State may require a psychologist to obtain and retain a 2
license to be authorized to practice in a Compact State under circumstances not 3
authorized by Temporary Authorization to Practice under the terms of this Compact. 4
(E) A Home State's license authorizes a psychologist to practice in a 5
Receiving State under the Authority to Practice Interjurisdictional Telepsychology 6
only if the Compact State: 7
(1) Currently requires the psychologist to hold an active E.Passport; 8
(2) Has a mechanism in place for receiving and investigating 9
complaints about licensed individuals; 10
(3) Notifies the Commission, in compliance with the terms herein, of 11
any adverse action or significant investigatory information regarding a licensed 12
individual; 13
(4) Requires an Identity History Summary of all applicants at initial 14
licensure, including the use of the results of fingerprints or other biometric data checks 15
compliant with the requirements of the Federal Bureau of Investigation, or other 16
designee with similar authority, no later than ten years after activation of the Compact; 17
and 18
(5) Complies with the Bylaws and Rules of the Commission. 19
(F) A Home State's license grants Temporary Authorization to Practice to a 20
psychologist in a Distant State only if the Compact State: 21
(1) Currently requires the psychologist to hold an active IPC; 22
(2) Has a mechanism in place for receiving and investigating 23
complaints about licensed individuals; 24
(3) Notifies the Commission, in compliance with the terms herein, of 25
any adverse action or significant investigatory information regarding a licensed 26
individual; 27
(4) Requires an Identity History Summary of all applicants at initial 28
licensure, including the use of the results of fingerprints or other biometric data checks 29
compliant with the requirements of the Federal Bureau of Investigation, or other 30
designee with similar authority, no later than ten years after activation of the Compact; 31
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and 1
(5) Complies with the Bylaws and Rules of the Commission. 2
ARTICLE IV. COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY. 3
(A) Compact States shall recognize the right of a psychologist, licensed in a 4
Compact State in conformance with Article III, to practice telepsychology in other 5
Compact States (Receiving States) in which the psychologist is not licensed, under the 6
Authority to Practice Interjurisdictional Telepsychology as provided in the Compact. 7
(B) To exercise the Authority to Practice Interjurisdictional Telepsychology 8
under the terms and provisions of this Compact, a psychologist licensed to practice in 9
a Compact State must: 10
(1) Hold a graduate degree in psychology from an institute of higher 11
education that was, at the time the degree was awarded: 12
(a) Regionally accredited by an accrediting body recognized by 13
the United States Department of Education to grant graduate degrees, or 14
authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or 15
(b) A foreign college or university deemed to be equivalent to 16
(B)(1)(a) of this Article by a foreign credential evaluation service that is a 17
member of the National Association of Credential Evaluation Services or by a 18
recognized foreign credential evaluation service; and 19
(2) Hold a graduate degree in psychology that meets the following 20
criteria: 21
(a) The program, wherever it may be administratively housed, 22
must be clearly identified and labeled as a psychology program. Such a 23
program must specify in pertinent institutional catalogues and brochures its 24
intent to educate and train professional psychologists; 25
(b) The psychology program must stand as a recognizable, 26
coherent, organizational entity within the institution; 27
(c) There must be a clear authority and primary responsibility 28
for the core and specialty areas whether or not the program cuts across 29
administrative lines; 30
(d) The program must consist of an integrated, organized 31
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sequence of study; 1
(e) There must be an identifiable psychology faculty sufficient 2
in size and breadth to carry out its responsibilities; 3
(f) The designated director of the program must be a 4
psychologist and a member of the core faculty; 5
(g) The program must have an identifiable body of students 6
who are matriculated in that program for a degree; 7
(h) The program must include supervised practicum, internship, 8
or field training appropriate to the practice of psychology; 9
(i) The curriculum shall encompass a minimum of three 10
academic years of full-time graduate study for doctoral degree and a minimum 11
of one academic year of full-time graduate study for master's degree; 12
(j) The program includes an acceptable residency as defined by 13
the Rules of the Commission. 14
(3) Possess a current, full and unrestricted license to practice 15
psychology in a Home State which is a Compact State; 16
(4) Have no history of adverse action that violate the Rules of the 17
Commission; 18
(5) Have no criminal record history reported on an Identity History 19
Summary that violates the Rules of the Commission; 20
(6) Possess a current, active E.Passport; 21
(7) Provide attestations in regard to areas of intended practice, 22
conformity with standards of practice, competence in telepsychology technology; 23
criminal background; and knowledge and adherence to legal requirements in the Home 24
and Receiving States, and provide a release of information to allow for primary source 25
verification in a manner specified by the Commission; and 26
(8) Meet other criteria as defined by the Rules of the Commission. 27
(C) The Home State maintains authority over the license of any psychologist 28
practicing in a Receiving State under the Authority to Practice Interjurisdictional 29
Telepsychology. 30
(D) A psychologist practicing in a Receiving State under the Authority to 31
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Practice Interjurisdictional Telepsychology will be subject to the Receiving State's 1
scope of practice. A Receiving State may, in accordance with that state's due process 2
law, limit or revoke a psychologist's Authority to Practice Interjurisdictional 3
Telepsychology in the Receiving State and may take any other necessary actions under 4
the Receiving State's applicable law to protect the health and safety of the Receiving 5
State's citizens. If a Receiving State takes action, the state shall promptly notify the 6
Home State and the Commission. 7
(E) If a psychologist's license in any Home State, another Compact State, or 8
any Authority to Practice Interjurisdictional Telepsychology in any Receiving State, is 9
restricted, suspended or otherwise limited, the E.Passport shall be revoked and 10
therefore the psychologist shall not be eligible to practice telepsychology in a 11
Compact State under the Authority to Practice Interjurisdictional Telepsychology. 12
ARTICLE V. COMPACT TEMPORARY AUTHORIZATION TO PRACTICE. 13
(A) Compact States shall also recognize the right of a psychologist, licensed in 14
a Compact State in conformance with Article III, to practice temporarily in other 15
Compact States (Distant States) in which the psychologist is not licensed, as provided 16
in the Compact. 17
(B) To exercise the Temporary Authorization to Practice under the terms and 18
provisions of this Compact, a psychologist licensed to practice in a Compact State 19
must: 20
(1) Hold a graduate degree in psychology from an institute of higher 21
education that was, at the time the degree was awarded: 22
(a) Regionally accredited by an accrediting body recognized by 23
the United States Department of Education to grant graduate degrees, or 24
authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or 25
(b) A foreign college or university deemed to be equivalent to 26
(B)(1)(a) of this Article by a foreign credential evaluation service that is a 27
member of the National Association of Credential Evaluation Services or by a 28
recognized foreign credential evaluation service; and 29
(2) Hold a graduate degree in psychology that meets the following 30
criteria: 31
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(a) The program, wherever it may be administratively housed, 1
must be clearly identified and labeled as a psychology program. Such a 2
program must specify in pertinent institutional catalogues and brochures its 3
intent to educate and train professional psychologists; 4
(b) The psychology program must stand as a recognizable, 5
coherent, organizational entity within the institution; 6
(c) There must be a clear authority and primary responsibility 7
for the core and specialty areas whether or not the program cuts across 8
administrative lines; 9
(d) The program must consist of an integrated, organized 10
sequence of study; 11
(e) There must be an identifiable psychology faculty sufficient 12
in size and breadth to carry out its responsibilities; 13
(f) The designated director of the program must be a 14
psychologist and a member of the core faculty; 15
(g) The program must have an identifiable body of students 16
who are matriculated in that program for a degree; 17
(h) The program must include supervised practicum, internship, 18
or field training appropriate to the practice of psychology; 19
(i) The curriculum shall encompass a minimum of three 20
academic years of full-time graduate study for doctoral degrees and a 21
minimum of one academic year of full-time graduate study for master's degree; 22
(j) The program includes an acceptable residency as defined by 23
the Rules of the Commission. 24
(3) Possess a current, full and unrestricted license to practice 25
psychology in a Home State which is a Compact State; 26
(4) No history of adverse action that violate the Rules of the 27
Commission; 28
(5) No criminal record history that violates the Rules of the 29
Commission; 30
(6) Possess a current, active IPC; 31
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(7) Provide attestations in regard to areas of intended practice and 1
work experience and provide a release of information to allow for primary source 2
verification in a manner specified by the Commission; and 3
(8) Meet other criteria as defined by the Rules of the Commission. 4
(C) A psychologist practicing in a Distant State under the Temporary 5
Authorization to Practice shall practice within the scope of practice authorized by the 6
Distant State. 7
(D) A psychologist practicing in a Distant State under the Temporary 8
Authorization to Practice will be subject to the Distant State's authority and law. A 9
Distant State may, in accordance with that state's due process law, limit or revoke a 10
psychologist's Temporary Authorization to Practice in the Distant State and may take 11
any other necessary actions under the Distant State's applicable law to protect the 12
health and safety of the Distant State's citizens. If a Distant State takes action, the state 13
shall promptly notify the Home State and the Commission. 14
(E) If a psychologist's license in any Home State, another Compact State, or 15
any Temporary Authorization to Practice in any Distant State, is restricted, suspended 16
or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not 17
be eligible to practice in a Compact State under the Temporary Authorization to 18
Practice. 19
ARTICLE VI. CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING 20
STATE. 21
(A) A psychologist may practice in a Receiving State under the Authority to 22
Practice Interjurisdictional Telepsychology only in the performance of the scope of 23
practice for psychology as assigned by an appropriate State Psychology Regulatory 24
Authority, as defined in the Rules of the Commission, and under the following 25
circumstances: 26
(1) The psychologist initiates a client/patient contact in a Home State 27
via telecommunications technologies with a client/patient in a Receiving State; 28
(2) Other conditions regarding telepsychology as determined by Rules 29
promulgated by the Commission. 30
ARTICLE VII. ADVERSE ACTIONS. 31
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(A) A Home State shall have the power to impose adverse action against a 1
psychologist's license issued by the Home State. A Distant State shall have the power 2
to take adverse action on a psychologist's Temporary Authorization to Practice within 3
that Distant State. 4
(B) A Receiving State may take adverse action on a psychologist's Authority 5
to Practice Interjurisdictional Telepsychology within that Receiving State. A Home 6
State may take adverse action against a psychologist based on an adverse action taken 7
by a Distant State regarding temporary in-person, face-to-face practice. 8
(C) If a Home State takes adverse action against a psychologist's license, that 9
psychologist's Authority to Practice Interjurisdictional Telepsychology is terminated 10
and the E.Passport is revoked. Furthermore, that psychologist's Temporary 11
Authorization to Practice is terminated and the IPC is revoked. 12
(1) All Home State disciplinary orders which impose adverse action 13
shall be reported to the Commission in accordance with the Rules promulgated by the 14
Commission. A Compact State shall report adverse actions in accordance with the 15
Rules of the Commission. 16
(2) In the event discipline is reported on a psychologist, the 17
psychologist will not be eligible for telepsychology or temporary in-person, face-to-18
face practice in accordance with the Rules of the Commission. 19
(3) Other actions may be imposed as determined by the Rules 20
promulgated by the Commission. 21
(D) A Home State's psychology regulatory authority shall investigate and take 22
appropriate action with respect to reported inappropriate conduct engaged in by a 23
licensee which occurred in a Receiving State as it would if such conduct had occurred 24
by a licensee within the Home State. In such cases, the Home State's law shall control 25
in determining any adverse action against a psychologist's license. 26
(E) A Distant State's psychology regulatory authority shall investigate and 27
take appropriate action with respect to reported inappropriate conduct engaged in by a 28
psychologist practicing under temporary authorization practice which occurred in that 29
Distant State as it would if such conduct had occurred by a licensee within the Home 30
State. In such cases, Distant State's law shall control in determining any adverse action 31
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against a psychologist's Temporary Authorization to Practice. 1
(F) Nothing in this Compact shall override a Compact State's decision that a 2
psychologist's participation in an alternative program may be used in lieu of adverse 3
action and that such participation shall remain non-public if required by the Compact 4
State's law. Compact States must require psychologists who enter any alternative 5
programs to not provide telepsychology services under the Authority to Practice 6
Interjurisdictional Telepsychology or provide temporary psychological services under 7
the Temporary Authorization to Practice in any other Compact State during the term 8
of the alternative program. 9
(G) No other judicial or administrative remedies shall be available to a 10
psychologist in the event a Compact State imposes an adverse action pursuant to (C) 11
of this Article. 12
ARTICLE VIII. ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S 13
PSYCHOLOGY REGULATORY AUTHORITY. 14
(A) In addition to any other powers granted under state law, a Compact State's 15
psychology regulatory authority shall have the authority under this Compact to: 16
(1) Issue subpoenas, for both hearings and investigations, which 17
require the attendance and testimony of witnesses and the production of evidence. 18
Subpoenas issued by a Compact State's psychology regulatory authority for the 19
attendance and testimony of witnesses, and/or the production of evidence from another 20
Compact State shall be enforced in the latter state by any court of competent 21
jurisdiction, according to that court's practice and procedure in considering subpoenas 22
issued in its own proceedings. The issuing State Psychology Regulatory Authority 23
shall pay any witness fees, travel expenses, mileage and other fees required by the 24
service statutes of the state where the witnesses and/or evidence are located; and 25
(2) Issue cease and desist and/or injunctive relief orders to revoke a 26
psychologist's Authority to Practice Interjurisdictional Telepsychology and/or 27
Temporary Authorization to Practice. 28
(3) During the course of any investigation, a psychologist may not 29
change his/her Home State licensure. A Home State Psychology Regulatory Authority 30
is authorized to complete any pending investigations of a psychologist and to take any 31
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actions appropriate under its law. The Home State Psychology Regulatory Authority 1
shall promptly report the conclusions of such investigations to the Commission. Once 2
an investigation has been completed, and pending the outcome of said investigation, 3
the psychologist may change his/her Home State licensure. The Commission shall 4
promptly notify the new Home State of any such decisions as provided in the Rules of 5
the Commission. All information provided to the Commission or distributed by 6
Compact States pursuant to the psychologist shall be confidential, filed under seal and 7
used for investigatory or disciplinary matters. The Commission may create additional 8
Rules for mandated or discretionary sharing of information by Compact States. 9
ARTICLE IX. COORDINATED LICENSURE INFORMATION SYSTEM. 10
(A) The Commission shall provide for the development and maintenance of a 11
coordinated licensure information system (coordinated database) and reporting system 12
containing licensure and disciplinary action information on all licensees to whom this 13
Compact is applicable in all Compact States as defined by the Rules of the 14
Commission. 15
(B) Notwithstanding any other provision of state law to the contrary, a 16
Compact State shall submit a uniform data set to the coordinated database on all 17
licensees as required by the Rules of the Commission, including: 18
(1) Identifying information; 19
(2) Licensure data; 20
(3) Significant investigatory information; 21
(4) Adverse actions against a psychologist's license; 22
(5) An indicator that a psychologist's Authority to Practice 23
Interjurisdictional Telepsychology and/or Temporary Authorization to Practice is 24
revoked; 25
(6) Non-confidential information related to alternative program 26
participation information; 27
(7) Any denial of application for licensure, and the reasons for such 28
denial; and 29
(8) Other information which may facilitate the administration of this 30
Compact, as determined by the Rules of the Commission. 31
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(C) The coordinated database administrator shall promptly notify all Compact 1
States of any adverse action taken against, or significant investigative information on, 2
any licensee in a Compact State. 3
(D) Compact States reporting information to the coordinated database may 4
designate information that may not be shared with the public without the express 5
permission of the Compact State reporting the information. 6
(E) Any information submitted to the coordinated database that is 7
subsequently required to be expunged by the law of the Compact State reporting the 8
information shall be removed from the coordinated database. 9
ARTICLE X. ESTABLISHMENT OF THE PSYCHOLOGY 10
INTERJURISDICTIONAL COMPACT COMMISSION. 11
(A) The Compact States hereby create and establish a joint public agency 12
known as the Psychology Interjurisdictional Compact Commission. 13
(1) The Commission is a body politic and an instrumentality of the 14
Compact States. 15
(2) Venue is proper and judicial proceedings by or against the 16
Commission shall be brought solely and exclusively in a court of competent 17
jurisdiction where the principal office of the Commission is located. The Commission 18
may waive venue and jurisdictional defenses to the extent it adopts or consents to 19
participate in alternative dispute resolution proceedings. 20
(3) Nothing in this Compact shall be construed to be a waiver of 21
sovereign immunity. 22
(B) Membership, Voting, and Meetings. 23
(1) The Commission shall consist of one voting representative 24
appointed by each Compact State who shall serve as that state's commissioner. The 25
State Psychology Regulatory Authority shall appoint its delegate. This delegate shall 26
be empowered to act on behalf of the Compact State. This delegate shall be limited to: 27
(a) Executive director, executive secretary or similar executive; 28
(b) Current member of the State Psychology Regulatory 29
Authority of a Compact State; or 30
(c) Designee empowered with the appropriate delegate 31
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authority to act on behalf of the Compact State. 1
(2) Any commissioner may be removed or suspended from office as 2
provided by the law of the state from which the commissioner is appointed. Any 3
vacancy occurring in the commission shall be filled in accordance with the laws of the 4
Compact State in which the vacancy exists. 5
(3) Each commissioner shall be entitled to one (1) vote with regard to 6
the promulgation of Rules and creation of Bylaws and shall otherwise have an 7
opportunity to participate in the business and affairs of the Commission. A 8
commissioner shall vote in person or by such other means as provided in the Bylaws. 9
The Bylaws may provide for commissioners' participation in meetings by telephone or 10
other means of communication. 11
(4) The Commission shall meet at least once during each calendar 12
year. Additional meetings shall be held as set forth in the Bylaws. 13
(5) All meetings shall be open to the public, and public notice of 14
meetings shall be given in the same manner as required under the rulemaking 15
provisions in Article XI. 16
(6) The Commission may convene in a closed, non-public meeting if 17
the Commission must discuss: 18
(a) Non-compliance of a Compact State with its obligations 19
under the Compact; 20
(b) The employment, compensation, discipline or other 21
personnel matters, practices or procedures related to specific employees or 22
other matters related to the Commission's internal personnel practices and 23
procedures; 24
(c) Current, threatened, or reasonably anticipated litigation 25
against the Commission; 26
(d) Negotiation of contracts for the purchase or sale of goods, 27
services or real estate; 28
(e) Accusation against any person of a crime or formally 29
censuring any person; 30
(f) Disclosure of trade secrets or commercial or financial 31
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information which is privileged or confidential; 1
(g) Disclosure of information of a personal nature where 2
disclosure would constitute a clearly unwarranted invasion of personal privacy; 3
(h) Disclosure of investigatory records compiled for law 4
enforcement purposes; 5
(i) Disclosure of information related to any investigatory 6
reports prepared by or on behalf of or for use of the Commission or other 7
committee charged with responsibility for investigation or determination of 8
compliance issues pursuant to the Compact; or 9
(j) Matters specifically exempted from disclosure by federal 10
and state statute. 11
(7) If a meeting, or portion of a meeting, is closed pursuant to this 12
provision, the Commission's legal counsel or designee shall certify that the meeting 13
may be closed and shall reference each relevant exempting provision. The 14
Commission shall keep minutes which fully and clearly describe all matters discussed 15
in a meeting and shall provide a full and accurate summary of actions taken, of any 16
person participating in the meeting, and the reasons therefore, including a description 17
of the views expressed. All documents considered in connection with an action shall 18
be identified in such minutes. All minutes and documents of a closed meeting shall 19
remain under seal, subject to release only by a majority vote of the Commission or 20
order of a court of competent jurisdiction. 21
(C) The Commission shall, by a majority vote of the commissioners, prescribe 22
Bylaws and/or Rules to govern its conduct as may be necessary or appropriate to carry 23
out the purposes and exercise the powers of the Compact, including but not limited to: 24
(1) Establishing the fiscal year of the Commission; 25
(2) Providing reasonable standards and procedures: 26
(a) for the establishment and meetings of other committees; and 27
(b) governing any general or specific delegation of any 28
authority or function of the Commission; 29
(3) Providing reasonable procedures for calling and conducting 30
meetings of the Commission, ensuring reasonable advance notice of all meetings and 31
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providing an opportunity for attendance of such meetings by interested parties, with 1
enumerated exceptions designed to protect the public's interest, the privacy of 2
individuals of such proceedings, and proprietary information, including trade secrets. 3
The Commission may meet in closed session only after a majority of the 4
commissioners vote to close a meeting to the public in whole or in part. As soon as 5
practicable, the Commission must make public a copy of the vote to close the meeting 6
revealing the vote of each commissioner with no proxy votes allowed; 7
(4) Establishing the titles, duties and authority and reasonable 8
procedures for the election of the officers of the Commission; 9
(5) Providing reasonable standards and procedures for the 10
establishment of the personnel policies and programs of the Commission. 11
Notwithstanding any civil service or other similar law of any Compact State, the 12
Bylaws shall exclusively govern the personnel policies and programs of the 13
Commission; 14
(6) Promulgating a Code of Ethics to address permissible and 15
prohibited activities of Commission members and employees; 16
(7) Providing a mechanism for concluding the operations of the 17
Commission and the equitable disposition of any surplus funds that may exist after the 18
termination of the Compact after the payment and/or reserving of all of its debts and 19
obligations; 20
(8) The Commission shall publish its Bylaws in a convenient form and 21
file a copy thereof and a copy of any amendment thereto, with the appropriate agency 22
or officer in each of the Compact States; 23
(9) The Commission shall maintain its financial records in accordance 24
with the Bylaws; and 25
(10) The Commission shall meet and take such actions as are 26
consistent with the provisions of this Compact and the Bylaws. 27
(D) The Commission shall have the following powers: 28
(1) The authority to promulgate uniform Rules to facilitate and 29
coordinate implementation and administration of this Compact. The Rules shall have 30
the force and effect of law and shall be binding in all Compact States; 31
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(2) To bring and prosecute legal proceedings or actions in the name of 1
the Commission, provided that the standing of any State Psychology Regulatory 2
Authority or other regulatory body responsible for psychology licensure to sue or be 3
sued under applicable law shall not be affected; 4
(3) To purchase and maintain insurance and bonds; 5
(4) To borrow, accept or contract for services of personnel, including, 6
but not limited to, employees of a Compact State; 7
(5) To hire employees, elect or appoint officers, fix compensation, 8
define duties, grant such individuals appropriate authority to carry out the purposes of 9
the Compact, and to establish the Commission's personnel policies and programs 10
relating to conflicts of interest, qualifications of personnel, and other related personnel 11
matters; 12
(6) To accept any and all appropriate donations and grants of money, 13
equipment, supplies, materials and services, and to receive, utilize and dispose of the 14
same; provided that at all times the Commission shall strive to avoid any appearance 15
of impropriety and/or conflict of interest; 16
(7) To lease, purchase, accept appropriate gifts or donations of, or 17
otherwise to own, hold, improve or use, any property, real, personal or mixed; 18
provided that at all times the Commission shall strive to avoid any appearance of 19
impropriety; 20
(8) To sell, convey, mortgage, pledge, lease, exchange, abandon or 21
otherwise dispose of any property real, personal or mixed; 22
(9) To establish a budget and make expenditures; 23
(10) To borrow money; 24
(11) To appoint committees, including advisory committees comprised 25
of members, state regulators, state legislators or their representatives, and consumer 26
representatives, and such other interested persons as may be designated in this 27
Compact and the Bylaws; 28
(12) To provide and receive information from, and to cooperate with, 29
law enforcement agencies; 30
(13) To adopt and use an official seal; and 31
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(14) To perform such other functions as may be necessary or 1
appropriate to achieve the purposes of this Compact consistent with the state 2
regulation of psychology licensure, temporary in-person, face-to-face practice and 3
telepsychology practice. 4
(E) The Executive Board. 5
The elected officers shall serve as the Executive Board, which shall 6
have the power to act on behalf of the Commission according to the terms of this 7
Compact. 8
(1) The Executive Board shall be comprised of six members: 9
(a) Five voting members who are elected from the current 10
membership of the Commission by the Commission; 11
(b) One ex-officio, nonvoting member from the recognized 12
membership organization composed of state and provincial psychology 13
regulatory authorities. 14
(2) The ex-officio member must have served as staff or member on a 15
State Psychology Regulatory Authority and will be selected by its respective 16
organization. 17
(3) The Commission may remove any member of the Executive Board 18
as provided in Bylaws. 19
(4) The Executive Board shall meet at least annually. 20
(5) The Executive Board shall have the following duties and 21
responsibilities: 22
(a) Recommend to the entire Commission changes to the Rules 23
or Bylaws, changes to this Compact legislation, fees paid by Compact States 24
such as annual dues, and any other applicable fees; 25
(b) Ensure Compact administration services are appropriately 26
provided, contractual or otherwise; 27
(c) Prepare and recommend the budget; 28
(d) Maintain financial records on behalf of the Commission; 29
(e) Monitor Compact compliance of member states and provide 30
compliance reports to the Commission; 31
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(f) Establish additional committees as necessary; and 1
(g) Other duties as provided in Rules or Bylaws. 2
(F) Financing of the Commission. 3
(1) The Commission shall pay, or provide for the payment of the 4
reasonable expenses of its establishment, organization and ongoing activities. 5
(2) The Commission may accept any and all appropriate revenue 6
sources, donations and grants of money, equipment, supplies, materials and services. 7
(3) The Commission may levy on and collect an annual assessment 8
from each Compact State or impose fees on other parties to cover the cost of the 9
operations and activities of the Commission and its staff which must be in a total 10
amount sufficient to cover its annual budget as approved each year for which revenue 11
is not provided by other sources. The aggregate annual assessment amount shall be 12
allocated based upon a formula to be determined by the Commission which shall 13
promulgate a Rule binding upon all Compact States. 14
(4) The Commission shall not incur obligations of any kind prior to 15
securing the funds adequate to meet the same; nor shall the Commission pledge the 16
credit of any of the Compact States, except by and with the authority of the Compact 17
State. 18
(5) The Commission shall keep accurate accounts of all receipts and 19
disbursements. The receipts and disbursements of the Commission shall be subject to 20
the audit and accounting procedures established under its Bylaws. However, all 21
receipts and disbursements of funds handled by the Commission shall be audited 22
yearly by a certified or licensed public accountant and the report of the audit shall be 23
included in and become part of the annual report of the Commission. 24
(G) Qualified Immunity, Defense, and Indemnification. 25
(1) The members, officers, Executive Director, employees and 26
representatives of the Commission shall be immune from suit and liability, either 27
personally or in their official capacity, for any claim for damage to or loss of property 28
or personal injury or other civil liability caused by or arising out of any actual or 29
alleged act, error or omission that occurred, or that the person against whom the claim 30
is made had a reasonable basis for believing occurred within the scope of Commission 31
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employment, duties or responsibilities; provided that nothing in this paragraph shall be 1
construed to protect any such person from suit and/or liability for any damage, loss, 2
injury or liability caused by the intentional or willful or wanton misconduct of that 3
person. 4
(2) The Commission shall defend any member, officer, Executive 5
Director, employee or representative of the Commission in any civil action seeking to 6
impose liability arising out of any actual or alleged act, error or omission that occurred 7
within the scope of Commission employment, duties or responsibilities, or that the 8
person against whom the claim is made had a reasonable basis for believing occurred 9
within the scope of Commission employment, duties or responsibilities; provided that 10
nothing herein shall be construed to prohibit that person from retaining his or her own 11
counsel; and provided further, that the actual or alleged act, error or omission did not 12
result from that person's intentional or willful or wanton misconduct. 13
(3) The Commission shall indemnify and hold harmless any member, 14
officer, Executive Director, employee or representative of the Commission for the 15
amount of any settlement or judgment obtained against that person arising out of any 16
actual or alleged act, error or omission that occurred within the scope of Commission 17
employment, duties or responsibilities, or that such person had a reasonable basis for 18
believing occurred within the scope of Commission employment, duties or 19
responsibilities, provided that the actual or alleged act, error or omission did not result 20
from the intentional or willful or wanton misconduct of that person. 21
ARTICLE XI. RULEMAKING. 22
(A) The Commission shall exercise its rulemaking powers pursuant to the 23
criteria set forth in this Article 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 Compact 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 Compact 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 Compact States' psychology regulatory 5
authority or the publication in which each state would otherwise publish proposed 6
Rules. 7
(E) The notice of proposed rulemaking shall include: 8
(1) The proposed time, date, and location of the meeting in which the 9
Rule will be considered and voted upon; 10
(2) The text of the proposed Rule or amendment and the reason for the 11
proposed Rule; 12
(3) A request for comments on the proposed Rule from any interested 13
person; and 14
(4) The manner in which interested persons may submit notice to the 15
Commission of their intention to attend the public hearing and any written comments. 16
(F) 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 to 18
the public. 19
(G) The Commission shall grant an opportunity for a public hearing before it 20
adopts a Rule or amendment if a hearing is requested by: 21
(1) At least twenty-five (25) persons who submit comments 22
independently of each other; 23
(2) A governmental subdivision or agency; or 24
(3) A duly appointed person in an association that has at least twenty-25
five (25) members. 26
(H) If a hearing is held on the proposed Rule or amendment, the Commission 27
shall publish the place, time, and date of the scheduled public hearing. 28
(1) All persons wishing to be heard at the hearing shall notify the 29
Executive Director of the Commission or other designated member in writing of their 30
desire to appear and testify at the hearing not less than five (5) business days before 31
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the scheduled date of the hearing. 1
(2) Hearings shall be conducted in a manner providing each person 2
who wishes to comment a fair and reasonable opportunity to comment orally or in 3
writing. 4
(3) No transcript of the hearing is required, unless a written request for 5
a transcript is made, in which case the person requesting the transcript shall bear the 6
cost of producing the transcript. A recording may be made in lieu of a transcript under 7
the same terms and conditions as a transcript. This subsection shall not preclude the 8
Commission from making a transcript or recording of the hearing if it so chooses. 9
(4) Nothing in this section shall be construed as requiring a separate 10
hearing on each Rule. Rules may be grouped for the convenience of the Commission 11
at hearings required by this section. 12
(I) Following the scheduled hearing date, or by the close of business on the 13
scheduled hearing date if the hearing was not held, the Commission shall consider all 14
written and oral comments received. 15
(J) The Commission shall, by majority vote of all members, take final action 16
on the proposed Rule and shall determine the effective date of the Rule, if any, based 17
on the rulemaking record and the full text of the Rule. 18
(K) If no written notice of intent to attend the public hearing by interested 19
parties is received, the Commission may proceed with promulgation of the proposed 20
Rule without a public hearing. 21
(L) Upon determination that an emergency exists, the Commission may 22
consider and adopt an emergency Rule without prior notice, opportunity for comment, 23
or hearing, provided that the usual rulemaking procedures provided in the Compact 24
and in this section shall be retroactively applied to the Rule as soon as reasonably 25
possible, in no event later than ninety (90) days after the effective date of the Rule. For 26
the purposes of this provision, an emergency Rule is one that must be adopted 27
immediately in order to: 28
(1) Meet an imminent threat to public health, safety, or welfare; 29
(2) Prevent a loss of Commission or Compact State funds; 30
(3) Meet a deadline for the promulgation of an administrative rule that 31
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is established by federal law or rule; or 1
(4) Protect public health and safety. 2
(M) The Commission or an authorized committee of the Commission may 3
direct revisions to a previously adopted Rule or amendment for purposes of correcting 4
typographical errors, errors in format, errors in consistency, or grammatical errors. 5
Public notice of any revisions shall be posted on the website of the Commission. The 6
revision shall be subject to challenge by any person for a period of thirty (30) days 7
after posting. The revision may be challenged only on grounds that the revision results 8
in a material change to a Rule. A challenge shall be made in writing, and delivered to 9
the chair of the Commission prior to the end of the notice period. If no challenge is 10
made, the revision will take effect without further action. If the revision is challenged, 11
the revision may not take effect without the approval of the Commission. 12
ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 13
(A) Oversight 14
(1) The executive, legislative and judicial branches of state 15
government in each Compact State shall enforce this Compact and take all actions 16
necessary and appropriate to effectuate the Compact's purposes and intent. The 17
provisions of this Compact and the Rules promulgated hereunder shall have standing 18
as statutory law. 19
(2) All courts shall take judicial notice of the Compact and the Rules in 20
any judicial or administrative proceeding in a Compact State pertaining to the subject 21
matter of this Compact which may affect the powers, responsibilities or actions of the 22
Commission. 23
(3) The Commission shall be entitled to receive service of process in 24
any such proceeding, and shall have standing to intervene in such a proceeding for all 25
purposes. Failure to provide service of process to the Commission shall render a 26
judgment or order void as to the Commission, this Compact or promulgated Rules. 27
(B) Default, Technical Assistance, and Termination 28
(1) If the Commission determines that a Compact State has defaulted 29
in the performance of its obligations or responsibilities under this Compact or the 30
promulgated Rules, the Commission shall: 31
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(a) Provide written notice to the defaulting state and other 1
Compact States of the nature of the default, the proposed means of remedying 2
the default and/or any other action to be taken by the Commission; and 3
(b) Provide remedial training and specific technical assistance 4
regarding the default. 5
(2) If a state in default fails to remedy the default, the defaulting state 6
may be terminated from the Compact upon an affirmative vote of a majority of the 7
Compact States, and all rights, privileges and benefits conferred by this Compact shall 8
be terminated on the effective date of termination. A remedy of the default does not 9
relieve the offending state of obligations or liabilities incurred during the period of 10
default. 11
(3) Termination of membership in the Compact shall be imposed only 12
after all other means of securing compliance have been exhausted. Notice of intent to 13
suspend or terminate shall be submitted by the Commission to the governor, the 14
majority and minority leaders of the defaulting state's legislature, and each of the 15
Compact States. 16
(4) A Compact State which has been terminated is responsible for all 17
assessments, obligations and liabilities incurred through the effective date of 18
termination, including obligations which extend beyond the effective date of 19
termination. 20
(5) The Commission shall not bear any costs incurred by the state 21
which is found to be in default or which has been terminated from the Compact, unless 22
agreed upon in writing between the Commission and the defaulting state. 23
(6) The defaulting state may appeal the action of the Commission by 24
petitioning the United States District Court for the State of Georgia or the federal 25
district where the Compact has its principal offices. The prevailing member shall be 26
awarded all costs of such litigation, including reasonable attorney's fees. 27
(C) Dispute Resolution 28
(1) Upon request by a Compact State, the Commission shall attempt to 29
resolve disputes related to the Compact which arise among Compact States and 30
between Compact and Non-Compact States. 31
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(2) The Commission shall promulgate a Rule providing for both 1
mediation and binding dispute resolution for disputes that arise before the 2
Commission. 3
(D) Enforcement 4
(1) The Commission, in the reasonable exercise of its discretion, shall 5
enforce the provisions and Rules of this Compact. 6
(2) By majority vote, the Commission may initiate legal action in the 7
United States District Court for the State of Georgia or the federal district where the 8
Compact has its principal offices against a Compact State in default to enforce 9
compliance with the provisions of the Compact and its promulgated Rules and 10
Bylaws. The relief sought may include both injunctive relief and damages. In the event 11
judicial enforcement is necessary, the prevailing member shall be awarded all costs of 12
such litigation, including reasonable attorney's fees. 13
(3) The remedies herein shall not be the exclusive remedies of the 14
Commission. The Commission may pursue any other remedies available under federal 15
or state law. 16
ARTICLE XIII. DATE OF IMPLEMENTATION OF THE PSYCHOLOGY 17
INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED 18
RULES, WITHDRAWAL, AND AMENDMENTS. 19
(A) The Compact shall come into effect on the date on which the Compact is 20
enacted into law in the seventh Compact State. The provisions which become effective 21
at that time shall be limited to the powers granted to the Commission relating to 22
assembly and the promulgation of Rules. Thereafter, the Commission shall meet and 23
exercise rulemaking powers necessary to the implementation and administration of the 24
Compact. 25
(B) Any state which joins the Compact subsequent to the Commission's initial 26
adoption of the Rules shall be subject to the Rules as they exist on the date on which 27
the Compact becomes law in that state. Any Rule which has been previously adopted 28
by the Commission shall have the full force and effect of law on the day the Compact 29
becomes law in that state. 30
(C) Any Compact State may withdraw from this Compact by enacting a 31
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statute repealing the same. 1
(1) A Compact State's withdrawal shall not take effect until six (6) 2
months after enactment of the repealing statute. 3
(2) Withdrawal shall not affect the continuing requirement of the 4
withdrawing state's psychology regulatory authority to comply with the investigative 5
and adverse action reporting requirements of this act prior to the effective date of 6
withdrawal. 7
(D) Nothing contained in this Compact shall be construed to invalidate or 8
prevent any psychology licensure agreement or other cooperative arrangement 9
between a Compact State and a Non-Compact State which does not conflict with the 10
provisions of this Compact. 11
(E) This Compact may be amended by the Compact States. No amendment to 12
this Compact shall become effective and binding upon any Compact State until it is 13
enacted into the law of all Compact States. 14
ARTICLE XIV. CONSTRUCTION AND SEVERABILITY. 15
This Compact shall be liberally construed so as to effectuate the purposes 16
thereof. If this Compact shall be held contrary to the constitution of any state member 17
thereto, the Compact shall remain in full force and effect as to the remaining Compact 18
States. 19
* Sec. 11. AS 12.62.400(a) is amended by adding new paragraphs to read: 20
(26) expedited licensure as a physician through the Interstate Medical 21
Licensure Compact under AS 08.64.253; 22
(27) licensure as a physician assistant under AS 08.64.107; 23
(28) licensure as a psychologist under AS 08.86. 24
* Sec. 12. AS 18.08.082 is amended by adding a new subsection to read: 25
(d) The department shall implement the recognition of EMS personnel 26
licensure interstate compact under AS 18.08.105. 27
* Sec. 13. AS 18.08 is amended by adding a new section to read: 28
Sec. 18.08.105. Recognition of EMS personnel licensure interstate 29
compact. The recognition of EMS personnel licensure interstate compact as contained 30
in this section is enacted into law and entered into on behalf of the state with all other 31
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states and jurisdictions legally joining it in a form substantially as follows: 1
SECTION 1. PURPOSE. 2
In order to protect the public through verification of competency and ensure 3
accountability for patient care related activities all states license emergency medical 4
services (EMS) personnel, such as emergency medical technicians (EMTs), advanced 5
EMTs and paramedics. This Compact is intended to facilitate the day-to-day 6
movement of EMS personnel across state boundaries in the performance of their EMS 7
duties as assigned by an appropriate authority and authorize state EMS offices to 8
afford immediate legal recognition to EMS personnel licensed in a member state. This 9
Compact recognizes that states have a vested interest in protecting the public's health 10
and safety through their licensing and regulation of EMS personnel and that such state 11
regulation shared among the member states will best protect public health and safety. 12
This Compact is designed to achieve the following purposes and objectives: 13
(1) increase public access to EMS personnel; 14
(2) enhance the states' ability to protect the public's health and safety, 15
especially patient safety; 16
(3) encourage the cooperation of member states in the areas of EMS 17
personnel licensure and regulation; 18
(4) support licensing of military members who are separating from an 19
active-duty tour and their spouses; 20
(5) facilitate the exchange of information between member states 21
regarding EMS personnel licensure, adverse action and significant investigatory 22
information; 23
(6) promote compliance with the laws governing EMS personnel 24
practice in each member state; and 25
(7) invest all member states with the authority to hold EMS personnel 26
accountable through the mutual recognition of member state licenses. 27
SECTION 2. DEFINITIONS. 28
In this Compact: 29
(A) "Advanced Emergency Medical Technician" and "AEMT" mean: an 30
individual licensed with cognitive knowledge and a scope of practice that corresponds 31
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to that level in the National EMS Education Standards and National EMS Scope of 1
Practice Model. 2
(B) "Adverse Action" means: any administrative, civil, equitable or criminal 3
action permitted by a state's laws which may be imposed against licensed EMS 4
personnel by a state EMS authority or state court, including, but not limited to, actions 5
against an individual's license such as revocation, suspension, probation, consent 6
agreement, monitoring or other limitation or encumbrance on the individual's practice, 7
letters of reprimand or admonition, fines, criminal convictions and state court 8
judgments enforcing adverse actions by the state EMS authority. 9
(C) "Alternative program" means: a voluntary, non-disciplinary substance 10
abuse recovery program approved by a state EMS authority. 11
(D) "Certification" means: the successful verification of entry-level cognitive 12
and psychomotor competency using a reliable, validated, and legally defensible 13
examination. 14
(E) "Commission" means: the national administrative body of which all states 15
that have enacted the Compact are members. 16
(F) "Emergency Medical Technician" and "EMT" mean: an individual 17
licensed with cognitive knowledge and a scope of practice that corresponds to that 18
level in the National EMS Education Standards and National EMS Scope of Practice 19
Model. 20
(G) "Home State" means: a member state where an individual is licensed to 21
practice emergency medical services. 22
(H) "License" means: the authorization by a state for an individual to practice 23
as an EMT, AEMT, paramedic, or a level in between EMT and paramedic. 24
(I) "Medical Director" means: a physician licensed in a member state who is 25
accountable for the care delivered by EMS personnel. 26
(J) "Member State" means: a state that has enacted this Compact. 27
(K) "Paramedic" means: an individual licensed with cognitive knowledge and 28
a scope of practice that corresponds to that level in the National EMS Education 29
Standards and National EMS Scope of Practice Model. 30
(L) "Privilege to Practice" means: an individual's authority to deliver 31
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emergency medical services in remote states as authorized under this Compact. 1
(M) "Remote State" means: a member state in which an individual is not 2
licensed. 3
(N) "Restricted" means: the outcome of an adverse action that limits a license 4
or the privilege to practice. 5
(O) "Rule" means: a written statement by the interstate Commission 6
promulgated pursuant to Section 12 of this Compact that is of general applicability; 7
implements, interprets, or prescribes a policy or provision of the Compact; or is an 8
organizational, procedural, or practice requirement of the Commission and has the 9
force and effect of statutory law in a member state and includes the amendment, 10
repeal, or suspension of an existing rule. 11
(P) "Scope of Practice" means: defined parameters of various duties or 12
services that may be provided by an individual with specific credentials. Whether 13
regulated by rule, statute, or court decision, it tends to represent the limits of services 14
an individual may perform. 15
(Q) "Significant Investigatory Information" means: 16
(1) investigative information that a state EMS authority, after a 17
preliminary inquiry that includes notification and an opportunity to respond if required 18
by state law, has reason to believe, if proved true, would result in the imposition of an 19
adverse action on a license or privilege to practice; or 20
(2) investigative information that indicates that the individual 21
represents an immediate threat to public health and safety regardless of whether the 22
individual has been notified and had an opportunity to respond. 23
(R) "State" means: any state, commonwealth, district, or territory of the 24
United States. 25
(S) "State EMS Authority" means: the board, office, or other agency with the 26
legislative mandate to license EMS personnel. 27
SECTION 3. HOME STATE LICENSURE. 28
(A) Any member state in which an individual holds a current license shall be 29
deemed a home state for purposes of this Compact. 30
(B) Any member state may require an individual to obtain and retain a license 31
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to be authorized to practice in the member state under circumstances not authorized by 1
the privilege to practice under the terms of this Compact. 2
(C) A home state's license authorizes an individual to practice in a remote 3
state under the privilege to practice only if the home state: 4
(1) Currently requires the use of the National Registry of Emergency 5
Medical Technicians (NREMT) examination as a condition of issuing initial licenses 6
at the EMT and paramedic levels; 7
(2) Has a mechanism in place for receiving and investigating 8
complaints about individuals; 9
(3) Notifies the Commission, in compliance with the terms herein, of 10
any adverse action or significant investigatory information regarding an individual; 11
(4) No later than five years after activation of the Compact, requires a 12
criminal background check of all applicants for initial licensure, including the use of 13
the results of fingerprint or other biometric data checks compliant with the 14
requirements of the Federal Bureau of Investigation with the exception of federal 15
employees who have suitability determination in accordance with 5 C.F.R. 731.202 16
and submit documentation of such as promulgated in the rules of the Commission; and 17
(5) Complies with the rules of the Commission. 18
SECTION 4. COMPACT PRIVILEGE TO PRACTICE. 19
(A) Member states shall recognize the privilege to practice of an individual 20
licensed in another member state that is in conformance with Section 3. 21
(B) To exercise the privilege to practice under the terms and provisions of this 22
Compact, an individual must: 23
(1) Be at least 18 years of age; 24
(2) Possess a current unrestricted license in a member state as an EMT, 25
AEMT, paramedic, or state recognized and licensed level with a scope of practice and 26
authority between EMT and paramedic; and 27
(3) Practice under the supervision of a medical director. 28
(C) An individual providing patient care in a remote state under the privilege 29
to practice shall function within the scope of practice authorized by the home state 30
unless and until modified by an appropriate authority in the remote state as may be 31
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defined in the rules of the commission. 1
(D) Except as provided in Section 4(C), an individual practicing in a remote 2
state will be subject to the remote state's authority and laws. A remote state may, in 3
accordance with due process and that state's laws, restrict, suspend, or revoke an 4
individual's privilege to practice in the remote state and may take any other necessary 5
actions to protect the health and safety of its citizens. If a remote state takes action it 6
shall promptly notify the home state and the Commission. 7
(E) If an individual's license in any home state is restricted or suspended, the 8
individual shall not be eligible to practice in a remote state under the privilege to 9
practice until the individual's home state license is restored. 10
(F) If an individual's privilege to practice in any remote state is restricted, 11
suspended, or revoked the individual shall not be eligible to practice in any remote 12
state until the individual's privilege to practice is restored. 13
SECTION 5. CONDITIONS OF PRACTICE IN A REMOTE STATE. 14
An individual may practice in a remote state under a privilege to practice only 15
in the performance of the individual's EMS duties as assigned by an appropriate 16
authority, as defined in the rules of the Commission, and under the following 17
circumstances: 18
(1) The individual originates a patient transport in a home state and 19
transports the patient to a remote state; 20
(2) The individual originates in the home state and enters a remote 21
state to pick up a patient and provide care and transport of the patient to the home 22
state; 23
(3) The individual enters a remote state to provide patient care and/or 24
transport within that remote state; 25
(4) The individual enters a remote state to pick up a patient and 26
provide care and transport to a third member state; 27
(5) Other conditions as determined by rules promulgated by the 28
commission. 29
SECTION 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE 30
COMPACT. 31
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Upon a member state's governor's declaration of a state of emergency or 1
disaster that activates the Emergency Management Assistance Compact (EMAC), all 2
relevant terms and provisions of EMAC shall apply and to the extent any terms or 3
provisions of this Compact conflicts with EMAC, the terms of EMAC shall prevail 4
with respect to any individual practicing in the remote state in response to such 5
declaration. 6
SECTION 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE-DUTY 7
MILITARY, AND THEIR SPOUSES. 8
(A) Member states shall consider a veteran, active military service member, 9
and member of the National Guard and Reserves separating from an active-duty tour, 10
and a spouse thereof, who holds a current valid and unrestricted NREMT certification 11
at or above the level of the state license being sought as satisfying the minimum 12
training and examination requirements for such licensure. 13
(B) Member states shall expedite the processing of licensure applications 14
submitted by veterans, active military service members, and members of the National 15
Guard and Reserves separating from an active-duty tour, and their spouses. 16
(C) All individuals functioning with a privilege to practice under this Section 17
remain subject to the Adverse Actions provisions of Section 8. 18
SECTION 8. ADVERSE ACTIONS. 19
(A) A home state shall have exclusive power to impose adverse action against 20
an individual's license issued by the home state. 21
(B) If an individual's license in any home state is restricted or suspended, the 22
individual shall not be eligible to practice in a remote state under the privilege to 23
practice until the individual's home state license is restored. 24
(1) All home state adverse action orders shall include a statement that 25
the individual's Compact privileges are inactive. The order may allow the individual to 26
practice in remote states with prior written authorization from both the home state and 27
remote state's EMS authority. 28
(2) An individual currently subject to adverse action in the home state 29
shall not practice in any remote state without prior written authorization from both the 30
home state and remote state's EMS authority. 31
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(C) A member state shall report adverse actions and any occurrences that the 1
individual's Compact privileges are restricted, suspended, or revoked to the 2
Commission in accordance with the rules of the Commission. 3
(D) A remote state may take adverse action on an individual's privilege to 4
practice within that state. 5
(E) Any member state may take adverse action against an individual's 6
privilege to practice in that state based on the factual findings of another member state, 7
so long as each state follows its own procedures for imposing such adverse action. 8
(F) A home state's EMS authority shall investigate and take appropriate action 9
with respect to reported conduct in a remote state as it would if such conduct had 10
occurred within the home state. In such cases, the home state's law shall control in 11
determining the appropriate adverse action. 12
(G) Nothing in this Compact shall override a member state's decision that 13
participation in an alternative program may be used in lieu of adverse action and that 14
such participation shall remain non-public if required by the member state's laws. 15
Member states must require individuals who enter any alternative programs to agree 16
not to practice in any other member state during the term of the alternative program 17
without prior authorization from such other member state. 18
SECTION 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE'S EMS 19
AUTHORITY. 20
A member state's EMS authority, in addition to any other powers granted 21
under state law, is authorized under this Compact to: 22
(1) Issue subpoenas for both hearings and investigations that require 23
the attendance and testimony of witnesses and the production of evidence. Subpoenas 24
issued by a member state's EMS authority for the attendance and testimony of 25
witnesses, and/or the production of evidence from another member state, shall be 26
enforced in the remote state by any court of competent jurisdiction, according to that 27
court's practice and procedure in considering subpoenas issued in its own proceedings. 28
The issuing state EMS authority shall pay any witness fees, travel expenses, mileage, 29
and other fees required by the service statutes of the state where the witnesses and/or 30
evidence are located; and 31
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(2) Issue cease and desist orders to restrict, suspend, or revoke an 1
individual's privilege to practice in the state. 2
SECTION 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR EMS 3
PERSONNEL PRACTICE. 4
(A) The Compact states hereby create and establish a joint public agency 5
known as the Interstate Commission for EMS Personnel Practice. 6
(1) The Commission is a body politic and an instrumentality of the 7
Compact states. 8
(2) Venue is proper and judicial proceedings by or against the 9
Commission shall be brought solely and exclusively in a court of competent 10
jurisdiction where the principal office of the Commission is located. The Commission 11
may waive venue and jurisdictional defenses to the extent it adopts or consents to 12
participate in alternative dispute resolution proceedings. 13
(3) Nothing in this Compact shall be construed to be a waiver of 14
sovereign immunity. 15
(B) Membership, Voting, and Meetings. 16
(1) Each member state shall have and be limited to one (1) delegate. 17
The responsible official of the state EMS authority or his designee shall be the 18
delegate to this Compact for each member state. Any delegate may be removed or 19
suspended from office as provided by the law of the state from which the delegate is 20
appointed. Any vacancy occurring in the Commission shall be filled in accordance 21
with the laws of the member state in which the vacancy exists. In the event that more 22
than one board, office, or other agency with the legislative mandate to license EMS 23
personnel at and above the level of EMT exists, the Governor of the state will 24
determine which entity will be responsible for assigning the delegate. 25
(2) Each delegate shall be entitled to one (1) vote with regard to the 26
promulgation of rules and creation of bylaws and shall otherwise have an opportunity 27
to participate in the business and affairs of the Commission. A delegate shall vote in 28
person or by such other means as provided in the bylaws. The bylaws may provide for 29
delegates' participation in meetings by telephone or other means of communication. 30
(3) The Commission shall meet at least once during each calendar 31
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year. Additional meetings shall be held as set forth in the bylaws. 1
(4) All meetings shall be open to the public, and public notice of 2
meetings shall be given in the same manner as required under the rulemaking 3
provisions in Section 7. 4
(5) The Commission may convene in a closed, non-public meeting if 5
the Commission must discuss: 6
(a) Non-compliance of a member state with its obligations 7
under the Compact; 8
(b) The employment, compensation, discipline or other 9
personnel matters, practices or procedures related to specific employees or 10
other matters related to the Commission's internal personnel practices and 11
procedures; 12
(c) Current, threatened, or reasonably anticipated litigation; 13
(d) Negotiation of contracts for the purchase or sale of goods, 14
services, or real estate; 15
(e) Accusing any person of a crime or formally censuring any 16
person; 17
(f) Disclosure of trade secrets or commercial or financial 18
information that is privileged or confidential; 19
(g) Disclosure of information of a personal nature where 20
disclosure would constitute a clearly unwarranted invasion of personal privacy; 21
(h) Disclosure of investigatory records compiled for law 22
enforcement purposes; 23
(i) Disclosure of information related to any investigatory 24
reports prepared by or on behalf of or for use of the Commission or other 25
committee charged with responsibility of investigation or determination of 26
compliance issues pursuant to the Compact; or 27
(j) Matters specifically exempted from disclosure by federal or 28
member state statute. 29
(6) If a meeting, or portion of a meeting, is closed pursuant to this 30
provision, the Commission's legal counsel or designee shall certify that the meeting 31
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may be closed and shall reference each relevant exempting provision. The 1
Commission shall keep minutes that fully and clearly describe all matters discussed in 2
a meeting and shall provide a full and accurate summary of actions taken, and the 3
reasons therefore, including a description of the views expressed. All documents 4
considered in connection with an action shall be identified in such minutes. All 5
minutes and documents of a closed meeting shall remain under seal, subject to release 6
by a majority vote of the Commission or order of a court of competent jurisdiction. 7
(C) The Commission shall, by a majority vote of the delegates, prescribe 8
bylaws and/or rules to govern its conduct as may be necessary or appropriate to carry 9
out the purposes and exercise the powers of the Compact, including but not limited to: 10
(1) Establishing the fiscal year of the Commission; 11
(2) Providing reasonable standards and procedures: 12
(a) for the establishment and meetings of other committees; and 13
(b) governing any general or specific delegation of any 14
authority or function of the Commission; 15
(3) Providing reasonable procedures for calling and conducting 16
meetings of the Commission, ensuring reasonable advance notice of all meetings, and 17
providing an opportunity for attendance of such meetings by interested parties, with 18
enumerated exceptions designed to protect the public's interest, the privacy of 19
individuals, and proprietary information, including trade secrets. The Commission 20
may meet in closed session only after a majority of the membership votes to close a 21
meeting in whole or in part. As soon as practicable, the Commission must make public 22
a copy of the vote to close the meeting revealing the vote of each member with no 23
proxy votes allowed; 24
(4) Establishing the titles, duties and authority, and reasonable 25
procedures for the election of the officers of the Commission; 26
(5) Providing reasonable standards and procedures for the 27
establishment of the personnel policies and programs of the Commission. 28
Notwithstanding any civil service or other similar laws of any member state, the 29
bylaws shall exclusively govern the personnel policies and programs of the 30
Commission; 31
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(6) Promulgating a code of ethics to address permissible and prohibited 1
activities of Commission members and employees; 2
(7) Providing a mechanism for winding up the operations of the 3
Commission and the equitable disposition of any surplus funds that may exist after the 4
termination of the Compact after the payment and/or reserving of all of its debts and 5
obligations; 6
(8) The Commission shall publish its bylaws and file a copy thereof, 7
and a copy of any amendment thereto, with the appropriate agency or officer in each 8
of the member states, if any; 9
(9) The Commission shall maintain its financial records in accordance 10
with the bylaws; 11
(10) The Commission shall meet and take such actions as are 12
consistent with the provisions of this Compact and the bylaws. 13
(D) The Commission shall have the following powers: 14
(1) The authority to promulgate uniform rules to facilitate and 15
coordinate implementation and administration of this Compact. The rules shall have 16
the force and effect of law and shall be binding in all member states; 17
(2) To bring and prosecute legal proceedings or actions in the name of 18
the Commission, provided that the standing of any state EMS authority or other 19
regulatory body responsible for EMS personnel licensure to sue or be sued under 20
applicable law shall not be affected; 21
(3) To purchase and maintain insurance and bonds; 22
(4) To borrow, accept, or contract for services of personnel, including, 23
but not limited to, employees of a member state; 24
(5) To hire employees, elect or appoint officers, fix compensation, 25
define duties, grant such individuals appropriate authority to carry out the purposes of 26
the Compact, and to establish the Commission's personnel policies and programs 27
relating to conflicts of interest, qualifications of personnel, and other related personnel 28
matters; 29
(6) To accept any and all appropriate donations and grants of money, 30
equipment, supplies, materials and services, and to receive, utilize and dispose of the 31
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same; provided that at all times the Commission shall strive to avoid any appearance 1
of impropriety and/or conflict of interest; 2
(7) To lease, purchase, accept appropriate gifts or donations of, or 3
otherwise to own, hold, improve or use, any property, real, personal or mixed; 4
provided that at all times the Commission shall strive to avoid any appearance of 5
impropriety; 6
(8) To sell, convey, mortgage, pledge, lease, exchange, abandon, or 7
otherwise dispose of any property real, personal, or mixed; 8
(9) To establish a budget and make expenditures; 9
(10) To borrow money; 10
(11) To appoint committees, including advisory committees comprised 11
of members, state regulators, state legislators or their representatives, and consumer 12
representatives, and such other interested persons as may be designated in this 13
Compact and the bylaws; 14
(12) To provide and receive information from, and to cooperate with, 15
law enforcement agencies; 16
(13) To adopt and use an official seal; and 17
(14) To perform such other functions as may be necessary or 18
appropriate to achieve the purposes of this Compact consistent with the state 19
regulation of EMS personnel licensure and practice. 20
(E) Financing of the Commission. 21
(1) The Commission shall pay, or provide for the payment of, the 22
reasonable expenses of its establishment, organization, and ongoing activities. 23
(2) The Commission may accept any and all appropriate revenue 24
sources, donations, and grants of money, equipment, supplies, materials, and services. 25
(3) The Commission may levy on and collect an annual assessment 26
from each member state or impose fees on other parties to cover the cost of the 27
operations and activities of the Commission and its staff, which must be in a total 28
amount sufficient to cover its annual budget as approved each year for which revenue 29
is not provided by other sources. The aggregate annual assessment amount shall be 30
allocated based upon a formula to be determined by the Commission, which shall 31
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promulgate a rule binding upon all member states. 1
(4) The Commission shall not incur obligations of any kind prior to 2
securing the funds adequate to meet the same; nor shall the Commission pledge the 3
credit of any of the member states, except by and with the authority of the member 4
state. 5
(5) The Commission shall keep accurate accounts of all receipts and 6
disbursements. The receipts and disbursements of the Commission shall be subject to 7
the audit and accounting procedures established under its bylaws. However, all 8
receipts and disbursements of funds handled by the Commission shall be audited 9
yearly by a certified or licensed public accountant, and the report of the audit shall be 10
included in and become part of the annual report of the Commission. 11
(F) Qualified Immunity, Defense, and Indemnification. 12
(1) The members, officers, executive director, employees and 13
representatives of the Commission shall be immune from suit and liability, either 14
personally or in their official capacity, for any claim for damage to or loss of property 15
or personal injury or other civil liability caused by or arising out of any actual or 16
alleged act, error or omission that occurred, or that the person against whom the claim 17
is made had a reasonable basis for believing occurred within the scope of Commission 18
employment, duties or responsibilities; provided that nothing in this paragraph shall be 19
construed to protect any such person from suit and/or liability for any damage, loss, 20
injury, or liability caused by the intentional or willful or wanton misconduct of that 21
person. 22
(2) The Commission shall defend any member, officer, executive 23
director, employee or representative of the Commission in any civil action seeking to 24
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
that the person against whom the claim is made had a reasonable basis for believing 27
occurred within the scope of Commission employment, duties, or responsibilities; 28
provided that nothing herein shall be construed to prohibit that person from retaining 29
his or her own counsel; and provided further, that the actual or alleged act, error, or 30
omission did not result from that person's intentional or willful or wanton misconduct. 31
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(3) The Commission shall indemnify and hold harmless any member, 1
officer, executive director, employee, or representative of the Commission for the 2
amount of any settlement or judgment obtained against that person arising out of any 3
actual or alleged act, error or omission that occurred within the scope of Commission 4
employment, duties, or responsibilities, or that such person had a reasonable basis for 5
believing occurred within the scope of Commission employment, duties, or 6
responsibilities, provided that the actual or alleged act, error, or omission did not result 7
from the intentional or willful or wanton misconduct of that person. 8
SECTION 11. COORDINATED DATABASE. 9
(A) The Commission shall provide for the development and maintenance of a 10
coordinated database and reporting system containing licensure, adverse action, and 11
significant investigatory information on all licensed individuals in member states. 12
(B) Notwithstanding any other provision of state law to the contrary, a 13
member state shall submit a uniform data set to the coordinated database on all 14
individuals to whom this Compact is applicable as required by the rules of the 15
Commission, including: 16
(1) Identifying information; 17
(2) Licensure data; 18
(3) Significant investigatory information; 19
(4) Adverse actions against an individual's license; 20
(5) An indicator that an individual's privilege to practice is restricted, 21
suspended or revoked; 22
(6) Non-confidential information related to alternative program 23
participation; 24
(7) Any denial of application for licensure, and the reason(s) for such 25
denial; and 26
(8) Other information that may facilitate the administration of this 27
Compact, as determined by the rules of the Commission. 28
(C) The coordinated database administrator shall promptly notify all member 29
states of any adverse action taken against, or significant investigative information on, 30
any individual in a member state. 31
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(D) Member states contributing information to the coordinated database may 1
designate information that may not be shared with the public without the express 2
permission of the contributing state. 3
(E) Any information submitted to the coordinated database that is 4
subsequently required to be expunged by the laws of the member state contributing the 5
information shall be removed from the coordinated database. 6
SECTION 12. RULEMAKING. 7
(A) The Commission shall exercise its rulemaking powers pursuant to the 8
criteria set forth in this Section and the rules adopted thereunder. Rules and 9
amendments shall become binding as of the date specified in each rule or amendment. 10
(B) If a majority of the legislatures of the member states rejects a rule, by 11
enactment of a statute or resolution in the same manner used to adopt the Compact, 12
then such rule shall have no further force and effect in any member state. 13
(C) Rules or amendments to the rules shall be adopted at a regular or special 14
meeting of the Commission. 15
(D) Prior to promulgation and adoption of a final rule or rules by the 16
Commission, and at least sixty (60) days in advance of the meeting at which the rule 17
will be considered and voted upon, the Commission shall file a Notice of Proposed 18
Rulemaking: 19
(1) On the website of the Commission; and 20
(2) On the website of each member state EMS authority or the 21
publication in which each state would otherwise publish proposed rules. 22
(E) The Notice of Proposed Rulemaking shall include: 23
(1) The proposed time, date, and location of the meeting in which the 24
rule will be considered and voted upon; 25
(2) The text of the proposed rule or amendment and the reason for the 26
proposed rule; 27
(3) A request for comments on the proposed rule from any interested 28
person; and 29
(4) The manner in which interested persons may submit notice to the 30
Commission of their intention to attend the public hearing and any written comments. 31
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(F) Prior to adoption of a proposed rule, the Commission shall allow persons 1
to submit written data, facts, opinions, and arguments, which shall be made available 2
to the public. 3
(G) The Commission shall grant an opportunity for a public hearing before it 4
adopts a rule or amendment if a hearing is requested by: 5
(1) At least twenty-five (25) persons; 6
(2) A governmental subdivision or agency; or 7
(3) An association having at least twenty-five (25) members. 8
(H) If a hearing is held on the proposed rule or amendment, the Commission 9
shall publish the place, time, and date of the scheduled public hearing. 10
(1) All persons wishing to be heard at the hearing shall notify the 11
executive director of the Commission or other designated member in writing of their 12
desire to appear and testify at the hearing not less than five (5) business days before 13
the scheduled date of the hearing. 14
(2) Hearings shall be conducted in a manner providing each person 15
who wishes to comment a fair and reasonable opportunity to comment orally or in 16
writing. 17
(3) No transcript of the hearing is required, unless a written request for 18
a transcript is made, in which case the person requesting the transcript shall bear the 19
cost of producing the transcript. A recording may be made in lieu of a transcript under 20
the same terms and conditions as a transcript. This subsection shall not preclude the 21
Commission from making a transcript or recording of the hearing if it so chooses. 22
(4) 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
(I) Following the scheduled hearing date, or by the close of business on the 26
scheduled hearing date if the hearing was not held, the Commission shall consider all 27
written and oral comments received. 28
(J) The Commission shall, by majority vote of all members, take final action 29
on the proposed rule and shall determine the effective date of the rule, if any, based on 30
the rulemaking record and the full text of the rule. 31
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(K) If no written notice of intent to attend the public hearing by interested 1
parties is received, the Commission may proceed with promulgation of the proposed 2
rule without a public hearing. 3
(L) Upon determination that an emergency exists, the Commission may 4
consider and adopt an emergency rule without prior notice, opportunity for comment, 5
or hearing, provided that the usual rulemaking procedures provided in the Compact 6
and in this section shall be retroactively applied to the rule as soon as reasonably 7
possible, in no event later than ninety (90) days after the effective date of the rule. For 8
the purposes of this provision, an emergency rule is one that must be adopted 9
immediately in order to: 10
(1) Meet an imminent threat to public health, safety, or welfare; 11
(2) Prevent a loss of Commission or member state funds; 12
(3) Meet a deadline for the promulgation of an administrative rule that 13
is established by federal law or rule; or 14
(4) Protect public health and safety. 15
(M) The Commission or an authorized committee of the Commission may 16
direct revisions to a previously adopted rule or amendment for purposes of correcting 17
typographical errors, errors in format, errors in consistency, or grammatical errors. 18
Public notice of any revisions shall be posted on the website of the Commission. The 19
revision shall be subject to challenge by any person for a period of thirty (30) days 20
after posting. The revision may be challenged only on grounds that the revision results 21
in a material change to a rule. A challenge shall be made in writing, and delivered to 22
the chair of the Commission prior to the end of the notice period. If no challenge is 23
made, the revision will take effect without further action. If the revision is challenged, 24
the revision may not take effect without the approval of the Commission. 25
SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 26
(A) Oversight. 27
(1) The executive, legislative, and judicial branches of state 28
government in each member state shall enforce this Compact and take all actions 29
necessary and appropriate to effectuate the Compact's purposes and intent. The 30
provisions of this Compact and the rules promulgated hereunder shall have standing as 31
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statutory law. 1
(2) All courts shall take judicial notice of the Compact and the rules in 2
any judicial or administrative proceeding in a member state pertaining to the subject 3
matter of this Compact which may affect the powers, responsibilities or actions of the 4
Commission. 5
(3) The Commission shall be entitled to receive service of process in 6
any such proceeding, and shall have standing to intervene in such a proceeding for all 7
purposes. Failure to provide service of process to the Commission shall render a 8
judgment or order void as to the Commission, this Compact, or promulgated rules. 9
(B) Default, Technical Assistance, and Termination. 10
(1) If the Commission determines that a member state has defaulted in 11
the performance of its obligations or responsibilities under this Compact or the 12
promulgated rules, the Commission shall: 13
(a) Provide written notice to the defaulting state and other 14
member states of the nature of the default, the proposed means of curing the 15
default and/or any other action to be taken by the Commission; and 16
(b) Provide remedial training and specific technical assistance 17
regarding the default. 18
(2) If a state in default fails to cure the default, the defaulting state may 19
be terminated from the Compact upon an affirmative vote of a majority of the member 20
states, and all rights, privileges and benefits conferred by this Compact may be 21
terminated on the effective date of termination. A cure of the default does not relieve 22
the offending state of obligations or liabilities incurred during the period of default. 23
(3) Termination of membership in the Compact shall be imposed only 24
after all other means of securing compliance have been exhausted. Notice of intent to 25
suspend or terminate shall be given by the Commission to the governor, the majority 26
and minority leaders of the defaulting state's legislature, and each of the member 27
states. 28
(4) A state that has been terminated is responsible for all assessments, 29
obligations, and liabilities incurred through the effective date of termination, including 30
obligations that extend beyond the effective date of termination. 31
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(5) The Commission shall not bear any costs related to a state that is 1
found to be in default or that has been terminated from the Compact, unless agreed 2
upon in writing between the Commission and the defaulting state. 3
(6) The defaulting state may appeal the action of the Commission by 4
petitioning the U.S. District Court for the District of Columbia or the federal district 5
where the Commission has its principal offices. The prevailing member shall be 6
awarded all costs of such litigation, including reasonable attorney's fees. 7
(C) Dispute Resolution. 8
(1) Upon request by a member state, the Commission shall attempt to 9
resolve disputes related to the Compact that arise among member states and between 10
member and non-member states. 11
(2) The Commission shall promulgate a rule providing for both 12
mediation and binding dispute resolution for disputes as appropriate. 13
(D) Enforcement. 14
(1) The Commission, in the reasonable exercise of its discretion, shall 15
enforce the provisions and rules of this Compact. 16
(2) By majority vote, the Commission may initiate legal action in the 17
United States District Court for the District of Columbia or the federal district where 18
the Commission has its principal offices against a member state in default to enforce 19
compliance with the provisions of the Compact and its promulgated rules and bylaws. 20
The relief sought may include both injunctive relief and damages. In the event judicial 21
enforcement is necessary, the prevailing member shall be awarded all costs of such 22
litigation, including reasonable attorney's fees. 23
(3) The remedies herein shall not be the exclusive remedies of the 24
Commission. The Commission may pursue any other remedies available under federal 25
or state law. 26
SECTION 14. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION 27
FOR EMS PERSONNEL PRACTICE AND ASSOCIATION RULES, WITHDRAWAL, 28
AND AMENDMENT. 29
(A) The Compact shall come into effect on the date on which the Compact 30
statute is enacted into law in the tenth member state. The provisions, which become 31
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effective at that time, shall be limited to the powers granted to the Commission 1
relating to assembly and the promulgation of rules. Thereafter, the Commission shall 2
meet and exercise rulemaking powers necessary to the implementation and 3
administration of the Compact. 4
(B) Any state that joins the Compact subsequent to the Commission's initial 5
adoption of the rules shall be subject to the rules as they exist on the date on which the 6
Compact becomes law in that state. Any rule that has been previously adopted by the 7
Commission shall have the full force and effect of law on the day the Compact 8
becomes law in that state. 9
(C) Any member state may withdraw from this Compact by enacting a statute 10
repealing the same. 11
(1) A member state's withdrawal shall not take effect until six (6) 12
months after enactment of the repealing statute. 13
(2) Withdrawal shall not affect the continuing requirement of the 14
withdrawing state's EMS authority to comply with the investigative and adverse action 15
reporting requirements of this act prior to the effective date of withdrawal. 16
(D) Nothing contained in this Compact shall be construed to invalidate or 17
prevent any EMS personnel licensure agreement or other cooperative arrangement 18
between a member state and a non-member state that does not conflict with the 19
provisions of this Compact. 20
(E) This Compact may be amended by the member states. No amendment to 21
this Compact shall become effective and binding upon any member state until it is 22
enacted into the laws of all member states. 23
SECTION 15. CONSTRUCTION AND SEVERABILITY. 24
This Compact shall be liberally construed so as to effectuate the purposes 25
thereof. If this Compact shall be held contrary to the constitution of any state member 26
thereto, the Compact shall remain in full force and effect as to the remaining member 27
states. Nothing in this Compact supersedes state law or rules related to licensure of 28
EMS agencies. 29