Enacting the physician assistant licensure compact to provide interstate practice privileges for physician assistants.

As Amended by House Committee
Session of 2025
HOUSE BILL No. 2219
By Committee on Health and Human Services
Requested by Representative Buehler on behalf of the Kansas Chamber of
Commerce
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AN ACT concerning the healing arts; relating to physician assistants;
enacting the physician assistant licensure compact to provide interstate
practice privileges.
Be it enacted by the Legislature of the State of Kansas:
Section 1. This act shall be known and may be cited as the physician
assistant licensure compact.
SECTION 1—PURPOSE
In order to strengthen access to medical services and in recognition of
the advances in the delivery of medical services, the participating states of
the PA licensure compact have allied in common purpose to develop a
comprehensive process that complements the existing authority of state
licensing boards to license and discipline PAs and seeks to enhance the
portability of a license to practice as a PA while safeguarding the safety of
patients. This compact allows medical services to be provided by PAs, via
the mutual recognition of the licensee's qualifying license by other
compact-participating states. This compact also adopts the prevailing
standard for PA licensure and affirms that the practice and delivery of
medical services by the PA occurs where the patient is located at the time
of the patient encounter and, therefore, requires the PA to be under the
jurisdiction of the state licensing board where the patient is located. State
licensing boards that participate in this compact retain the jurisdiction to
impose adverse action against a compact privilege in that state issued to a
PA through the procedures of this compact. The PA licensure compact will
alleviate burdens for military families by allowing active duty military
personnel and their spouses to obtain a compact privilege based on having
an unrestricted license in good standing from a participating state.
SECTION 2—DEFINITIONS
As used in this compact:
(a) "Adverse action" means any administrative, civil, equitable or
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criminal action permitted by a state's laws that is imposed by a licensing
board or other authority against a PA license, application for licensure or
compact privilege such as license denial, censure, revocation, suspension,
probation, monitoring of the licensee or restriction on the licensee's
practice.
(b) "Compact privilege" means the authorization granted by a remote
state to allow a licensee from another participating state to practice as a PA
to provide medical services and other licensed activity to a patient located
in the remote state under the remote state's laws and regulations.
(c) "Conviction" means a finding by a court that an individual is
guilty of a felony or misdemeanor offense through adjudication or entry of
a guilty plea or no contest to the charge by the offender.
(d) "Criminal background check" means the submission of
fingerprints or other biometric-based information for an applicant for
licensure for the purpose of obtaining that applicant's criminal history
record information, as defined in 28 C.F.R. § 20.3(d), from the state's
criminal history record repository as defined in 28 C.F.R. § 20.3(f).
(e) "Data system" means the repository of information concerning
licensees, including, but not limited to, license status and adverse actions,
that is created and administered under the terms of this compact.
(f) "Executive committee" means a group of directors and ex officio
individuals elected or appointed pursuant to section 7(f)(2).
(g) "Impaired practitioner" means a PA whose practice is adversely
affected by a health-related condition that impacts such PA's ability to
practice.
(h) "Investigative information" means information, records or
documents received or generated by a licensing board pursuant to an
investigation.
(i) "Jurisprudence requirement" means the assessment of an
individual's knowledge of the laws and rules governing the practice of a
PA in a state.
(j) "License" means current authorization by a state, other than
authorization pursuant to a compact privilege, for a PA to provide medical
services that would be unlawful without current authorization.
(k) "Licensee" means an individual who holds a license from a state
to provide medical services as a PA.
(l) "Licensing board" means any state entity authorized to license and
otherwise regulate PAs.
(m) "Medical services" means healthcare services provided for the
diagnosis, prevention, treatment, cure or relief of a health condition, injury
or disease, as defined by a state's laws and regulations.
(n) "Model compact" means the model for the PA licensure compact
on file with the council of state governments or other entity as designated
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by the commission.
(o) "PA" means an individual who is licensed as a physician assistant
in a state. For purposes of this compact, any other title or status adopted by
a state to replace the term "physician assistant" shall be deemed
synonymous with "physician assistant" and shall confer the same rights
and responsibilities to the licensee under the provisions of this compact at
the time of its enactment.
(p) "PA licensure compact commission," "compact commission" or
"commission" means the national administrative body created pursuant to
section 7(a).
(q) "Participating state" means a state that has enacted this compact.
(r) "Qualifying license" means an unrestricted license issued by a
participating state to provide medical services as a PA.
(s) "Remote state" means a participating state where a licensee who is
not licensed as a PA is exercising or seeking to exercise the compact
privilege.
(t) "Rule" means any rule or regulation adopted by an entity that has
the force and effect of law.
(u) "Significant investigative information" means investigative
information that a licensing board, after an inquiry or investigation that
includes notification and an opportunity for the PA to respond if required
by state law, has reason to believe is not groundless and, if proven true,
would indicate more than a minor infraction.
(v) "State" means any state, commonwealth, district or territory of the
United States.
SECTION 3—STATE PARTICIPATION IN THIS COMPACT
(a) To participate in this compact, a participating state shall:
(1) License PAs;
(2) participate in the compact commission's data system;
(3) have a mechanism in place for receiving and investigating
complaints against licensees and applicants for licensure;
(4) notify the commission, in compliance with the terms of this
compact and commission rules, of any adverse action against a licensee or
applicant for licensure and the existence of significant investigative
information regarding a licensee or applicant for licensure;
(5) fully implement a criminal background check requirement, within
a time frame established by commission rule, examination by its licensing
board receiving the results of a criminal background check and reporting
to the commission whether the applicant for licensure has been granted a
license;
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(6) comply with the rules of the compact commission;
(7) utilize passage of a recognized national examination such as the
NCCPA PANCE as a requirement for PA licensure; and
(8) grant the compact privilege to a holder of a qualifying license in a
participating state.
(b) Nothing in this compact shall be construed to prohibit a
participating state from charging a fee for granting the compact privilege.
SECTION 4—COMPACT PRIVILEGE
(a) To exercise the compact privilege, a licensee shall:
(1) Have graduated from a PA program accredited by the
accreditation review commission on education for the physician assistant,
inc., or other programs authorized by commission rule;
(2) hold current NCCPA certification;
(3) have no felony or misdemeanor convictions;
(4) have never had a controlled substance license, permit or
registration suspended or revoked by a state or by the United States drug
enforcement administration;
(5) have a unique identifier as determined by commission rule;
(6) hold a qualifying license;
(7) have had no revocation of a license or limitation or restriction on
any license currently held due to an adverse action;
(A) if a licensee has had a limitation or restriction on a license or
compact privilege due to an adverse action, two years shall have elapsed
from the date on which the license or compact privilege is no longer
limited or restricted due to the adverse action;
(B) if a compact privilege has been revoked or is limited or restricted
in a participating state for conduct that would not be a basis for
disciplinary action in a participating state in which the licensee is
practicing or applying to practice under a compact privilege, that
participating state shall have the discretion not to consider such action as
an adverse action requiring the denial or removal of a compact privilege in
that state;
(8) notify the compact commission that the licensee is seeking the
compact privilege in a remote state;
(9) meet any jurisprudence requirement of a remote state in which the
licensee is seeking to practice under the compact privilege and pay any
fees applicable to satisfying the jurisprudence requirement; and
(10) report to the commission any adverse action taken by a
nonparticipating state within 30 days after such adverse action is taken.
(b) The compact privilege shall be valid until the expiration or
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revocation of the qualifying license unless terminated pursuant to an
adverse action. The licensee shall comply with the requirements of
subsection (a) to maintain the compact privilege in a remote state. If the
participating state takes adverse action against a qualifying license, the
licensee shall lose the compact privilege in any remote state in which the
licensee has a compact privilege until the licensee meets the following
conditions:
(1) The license is no longer limited or restricted; and
(2) two years have elapsed from the date on which the license is no
longer limited or restricted due to the adverse action.
(c) Once a restricted or limited license satisfies the requirements of
subsection (b), the licensee shall meet the requirements of subsection (a) to
obtain a compact privilege in any remote state.
(d) For each remote state in which a PA seeks authority to prescribe
controlled substances, the PA shall satisfy all the requirements imposed by
such state in granting or renewing such authority.
SECTION 5—DESIGNATION OF THE STATE FROM WHICH THE
LICENSEE IS APPLYING FOR A COMPACT PRIVILEGE
Upon a licensee's application for a compact privilege, the licensee shall
identify to the commission the participating state from which the licensee
is applying, in accordance with applicable rules adopted by the
commission and subject to the following requirements:
(a) When applying for a compact privilege, the licensee shall provide
the commission with the address of the licensee's primary residence and,
thereafter, shall immediately report to the commission any change in the
address of the licensee's primary residence; and
(b) when applying for a compact privilege, the licensee is required to
consent to accept service of process by mail at the licensee's primary
residence on file with the commission with respect to any action brought
against the licensee by the commission or a participating state, including a
subpoena, with respect to any action brought or investigation conducted by
the commission or a participating state.
SECTION 6—ADVERSE ACTIONS
(a) A participating state in which a licensee is licensed shall have
exclusive power to impose adverse action against the qualifying license
issued by that participating state.
(b) In addition to the other powers conferred by state law, a remote
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state shall have the authority, in accordance with existing state due process
law, to:
(1) Take adverse action against a PA's compact privilege within that
state to remove a licensee's compact privilege or take other action
necessary under applicable law to protect the health and safety of its
citizens; and
(2) issue subpoenas for both hearings and investigations that require
the attendance and testimony of witnesses as well as the production of
evidence. Subpoenas issued by a licensing board in a participating state for
the attendance and testimony of witnesses or the production of evidence
from another participating state shall be enforced in the latter state by any
court of competent jurisdiction, according to the practice and procedure of
such court applicable to subpoenas issued in proceedings pending before
it. The issuing authority shall pay any witness fees, travel expenses,
mileage and other fees required by the service statutes of the state in which
the witnesses or evidence is located.
(c) Notwithstanding subsection (b)(2), subpoenas shall not be issued
by a participating state to gather evidence of conduct in another state that
is lawful in such other state for the purpose of taking adverse action
against a licensee's compact privilege or application for a compact
privilege in the participating state.
(d) Nothing in this compact shall be deemed to authorize a
participating state to impose discipline against a PA's compact privilege or
to deny an application for a compact privilege in that participating state for
the individual's otherwise lawful practice in another state.
(e) For purposes of taking adverse action, the participating state that
issued the qualifying license shall give the same priority and effect to
reported conduct received from any other participating state as it would if
the conduct had occurred within the participating state that issued the
qualifying license. The participating state shall apply its own state laws to
determine appropriate action.
(f) A participating state, if otherwise permitted by state law, may
recover from the affected PA the costs of investigations and disposition of
cases resulting from any adverse action taken against that PA.
(g) A participating state may take adverse action based on the factual
findings of a remote state if the participating state follows its own
procedures for taking the adverse action.
(h) Joint investigations.
(1) In addition to the authority granted to a participating state by such
state's PA laws and regulations or other applicable state law, any
participating state may participate with other participating states in joint
investigations of licensees.
(2) Participating states shall share any investigative, litigation or
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HB 2219—Am. by HC 7
compliance materials in furtherance of any joint or individual investigation
initiated under this compact.
(i) If an adverse action is taken against a PA's qualifying license, the
PA's compact privilege in all remote states shall be deactivated until two
years have elapsed after all restrictions have been removed from the state
license. All disciplinary orders by the participating state that issued the
qualifying license that impose adverse action against a PA's license shall
include a statement that the PA's compact privilege is deactivated in all
participating states during the pendency of the order.
(j) If any participating state takes adverse action, it promptly shall
notify the administrator of the data system.
SECTION 7—ESTABLISHMENT OF THE PA LICENSURE COMPACT
COMMISSION
(a) The participating states hereby create and establish a joint
government agency and national administrative body known as the PA
licensure compact commission. The commission is an instrumentality of
the compact states acting jointly and not an instrumentality of any one
state. The commission shall come into existence on or after the effective
date of the compact as set forth in section 11(a).
(b) Membership, voting and meetings.
(1) Each participating state shall have and be limited to one delegate
selected by such participating state's licensing board or, if such
participating state has more than one licensing board, selected collectively
by the participating state's licensing boards.
(2) A delegate shall be either:
(A) A current PA, physician or public member of a licensing board or
PA council or committee; or
(B) an administrator of a licensing board.
(3) Any delegate may be removed or suspended from office as
provided by the laws of the state from which the delegate is appointed.
(4) The participating state licensing board shall fill any vacancy
occurring in the commission within 60 days.
(5) Each delegate shall be entitled to one vote on all matters voted on
by the commission and shall otherwise have an opportunity to participate
in the commission's business and affairs. A delegate shall vote in person or
by such other means as provided in the bylaws. The bylaws may provide
for delegates' participation in meetings by telecommunications, video
conference or other means of communication.
(6) The commission shall meet at least once during each calendar
year. Additional meetings shall be held as set forth in this compact and the
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bylaws.
(7) The commission shall establish by rule a term of office for
delegates.
(c) The commission shall have the following powers and duties:
(1) Establish a code of ethics for the commission;
(2) establish the fiscal year of the commission;
(3) establish fees;
(4) establish bylaws;
(5) maintain its financial records in accordance with the bylaws;
(6) meet and take such actions as are consistent with the provisions of
this compact and the bylaws;
(7) adopt rules to facilitate and coordinate implementation and
administration of this compact, and such rules shall have the force and
effect of law and shall be binding in all participating states;
(8) bring and prosecute legal proceedings or actions in the name of
the commission, except that the standing of any state licensing board to
sue or be sued under applicable law shall not be affected;
(9) purchase and maintain insurance and bonds;
(10) borrow, accept or contract for services of personnel, including,
but not limited to, employees of a participating state;
(11) hire employees and engage contractors, elect or appoint officers,
fix compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of this compact and establish the
commission's personnel policies and programs relating to conflicts of
interest, qualifications of personnel and other related personnel matters;
(12) accept any and all appropriate donations and grants of money,
equipment, supplies, materials and services and receive, utilize and
dispose of the same. At all times the commission shall avoid any
appearance of impropriety or conflict of interest;
(13) lease, purchase, accept appropriate gifts or donations of or
otherwise own, hold, improve or use any property real, personal or mixed.
In performing these actions, the commission shall avoid the appearance of
impropriety at all times;
(14) sell, convey, mortgage, pledge, lease, exchange, abandon or
otherwise dispose of any property real, personal or mixed;
(15) establish a budget and make expenditures;
(16) borrow money;
(17) appoint committees, including standing committees composed of
members, state regulators, state legislators or their representatives,
consumer representatives and such other interested persons as may be
designated in this compact and the bylaws;
(18) provide and receive information from, and cooperate with, law
enforcement agencies;
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(19) elect a chairperson, vice chairperson, secretary and treasurer and
such other officers of the commission as provided in the commission's
bylaws;
(20) reserve for itself, in addition to those reserved exclusively to the
commission under the compact, powers that the executive committee shall
not exercise;
(21) approve or disapprove a state's participation in the compact
based upon its determination as to whether the state's compact legislation
materially departs from the model compact language;
(22) prepare and provide to the participating states an annual report;
and
(23) perform such other functions as may be necessary or appropriate
to achieve the purposes of this compact, consistent with the state
regulation of PA licensure and practice.
(d) Meetings of the commission.
(1) All meetings of the commission that are not closed pursuant to
this subsection shall be open to the public. Notice of public meetings shall
be posted on the commission's website at least 30 days prior to the public
meeting.
(2) Notwithstanding subsection (d)(1), the commission may convene
a public meeting by providing at least 24 hours' prior notice on the
commission's website and any other means as provided in the
commission's rules for any of the reasons it may dispense, with notice of
proposed rulemaking under section 9(l).
(3) The commission may convene in a closed, nonpublic meeting or
nonpublic part of a public meeting to receive legal advice or to discuss:
(A) Noncompliance of a participating state with its obligations under
this compact;
(B) the employment, compensation, discipline or other matters,
practices or procedures related to specific employees or other matters
related to the commission's internal personnel practices and procedures;
(C) any current, threatened or reasonably anticipated litigation;
(D) the negotiation of contracts for the purchase, lease or sale of
goods, services or real estate;
(E) the accusation of any individual of a crime or the formal censure
any individual;
(F) the disclosure of trade secrets or commercial or financial
information that is privileged or confidential;
(G) the disclosure of information of a personal nature, if disclosure
would constitute a clearly unwarranted invasion of personal privacy;
(H) the disclosure of investigative records compiled for law
enforcement purposes;
(I) the disclosure of information related to any investigative reports
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HB 2219—Am. by HC 10
prepared by or on behalf of or for use of the commission or other
committee charged with the responsibility of investigation or
determination of compliance issues pursuant to this compact;
(J) legal advice; or
(K) any matters specifically exempted from disclosure by federal or a
participating state's statutes.
(4) If a meeting, or portion of a meeting, is closed pursuant to
subsection (d)(3), the chairperson of the meeting or the chairperson's
designee shall certify that the meeting or portion of the meeting may be
closed and shall reference each relevant exempting provision.
(5) The commission shall keep minutes that fully and clearly describe
all matters discussed in a meeting and shall provide a full and accurate
summary of actions taken, including a description of the views expressed.
All documents considered in connection with an action shall be identified
in such minutes. All minutes and documents of a closed meeting shall
remain under seal, subject to release by a majority vote of the commission
or order of a court of competent jurisdiction.
(e) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization and ongoing
activities.
(2) The commission may accept any and all appropriate revenue
sources, donations and grants of money, equipment, supplies, materials
and services.
(3) The commission may levy on and collect an annual assessment
from each participating state and may impose compact privilege fees on
licensees of participating states to which a compact privilege is granted to
cover the cost of the operations and activities of the commission and its
staff. Such assessment shall be in a total amount sufficient to cover the
commission's annual budget as approved by the commission each year for
which revenue is not provided by other sources. The aggregate annual
assessment amount levied on participating states shall be allocated based
upon a formula to be determined by commission rule. Compact privileges
and such contract compact privilege's associated fees shall be governed as
follows:
(A) A compact privilege expires when the licensee's qualifying
license in the participating state from which the licensee applied for the
compact privilege expires; and
(B) if the licensee terminates the qualifying license through which the
licensee applied for the compact privilege before its scheduled expiration
and the licensee has a qualifying license in another participating state, the
licensee shall inform the commission that it is changing to that
participating state through which it applies for a compact privilege to that
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HB 2219—Am. by HC 11
participating state and pay to the commission any compact privilege fee
required by commission rule.
(4) The commission shall not incur obligations of any kind prior to
securing the funds adequate to meet such obligations, nor shall the
commission pledge the credit of any of the participating states, except by
and with the authority of the participating state.
(5) The commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the commission shall be
subject to the financial review and accounting procedures established
under its bylaws. All receipts and disbursements of funds handled by the
commission shall be subject to an annual financial review by a certified or
licensed public accountant, and the report of the financial review shall be
included in and become part of the annual report of the commission.
(f) The executive committee.
(1) The executive committee shall have to power to act on behalf of
the commission according to the terms of this compact and commission
rules.
(2) The executive committee shall be composed of nine members
described as follows:
(A) Seven voting members who are elected by the commission from
the current membership of the commission;
(B)(i)(a) one ex officio, nonvoting member from a recognized
national PA professional association; and
(b) one ex officio, nonvoting member from a recognized national PA
certification organization.
(ii) The ex officio members shall be selected by their respective
organizations.
(3) The commission may remove any member of the executive
committee as provided in its bylaws.
(4) The executive committee shall meet at least annually.
(5) The executive committee shall have the following duties and
responsibilities:
(A) Recommend to the commission changes to the commission's
rules or bylaws, changes to this compact legislation, fees to be paid by
compact-participating states such as annual dues and any commission
compact fee charged to licensees for the compact privilege;
(B) ensure that compact administration services are appropriately
provided, whether
contractual or otherwise;
(C) prepare and recommend the budget;
(D) maintain financial records on behalf of the commission;
(E) monitor compact compliance of participating states and provide
compliance reports to the commission;
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(F) establish additional committees as necessary;
(G) exercise the powers and duties of the commission during the
interim between commission meetings, except for issuing proposed
rulemaking or adopting commission rules or bylaws or exercising any
other powers and duties exclusively reserved to the commission by the
commission's rules; and
(H) perform other duties as provided in the commission's rules or
bylaws.
(6) All meetings of the executive committee at which it votes or plans
to vote on matters in exercising the powers and duties of the commission
shall be open to the public and public notice of such meetings shall be
given as public meetings of the commission are given.
(7) The executive committee may convene in a closed, nonpublic
meeting for the same reasons that the commission may convene in a
nonpublic meeting as set forth in subsection (d)(3), and shall announce the
closed meeting as the commission is required to do under subsection (d)(4)
and keep minutes of the closed meeting as the commission is required to
do under subsection (d)(5).
(g) Qualified immunity, defense and indemnification.
(1) The members, officers, executive director, employees and
representatives of the commission shall be immune from suit and liability,
both personally and in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error or omission that occurred or
that the individual against whom the claim is made had a reasonable basis
for believing occurred within the scope of commission employment, duties
or responsibilities. Nothing in this paragraph shall be construed to protect
any such individual from suit or liability for any damage, loss, injury or
liability caused by the intentional or willful or wanton misconduct of such
individual. The procurement of insurance of any type by the commission
shall not in any way compromise or limit the immunity granted hereunder.
(2) The commission shall defend any member, officer, executive
director, employee, and representative of the commission in any civil
action seeking to impose liability arising out of any actual or alleged act,
error or omission that occurred within the scope of commission
employment, duties or responsibilities or as determined by the commission
that the individual against whom the claim is made had a reasonable basis
for believing occurred within the scope of commission employment, duties
or responsibilities. Nothing herein shall be construed to prohibit such
individual from retaining such individual's own counsel at the individual's
own expense or that the actual or alleged act, error or omission did not
result from the individual's intentional, willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member,
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officer, executive director, employee or representative of the commission
for the amount of any settlement or judgment obtained against that
individual arising out of any actual or alleged act, error or omission that
occurred within the scope of commission employment, duties or
responsibilities or that such individual had a reasonable basis for believing
occurred within the scope of commission employment, duties or
responsibilities, if the actual or alleged act, error or omission did not result
from the intentional or willful or wanton misconduct of that individual.
(4) Venue is proper and judicial proceedings by or against the
commission shall be brought solely and exclusively in a court of
competent jurisdiction where the principal office of the commission is
located. The commission may waive venue and jurisdictional defenses in
any proceedings as authorized by commission rules.
(5) Nothing herein shall be construed as a limitation on the liability of
any licensee for professional malpractice or misconduct, which shall be
governed solely by any other applicable state laws.
(6) Nothing herein shall be construed to designate the venue or
jurisdiction to bring actions for alleged acts of malpractice, professional
misconduct, negligence or other such civil action pertaining to the practice
of a PA. All such matters shall be determined exclusively by state law
other than this compact.
(7) Nothing in this compact shall be interpreted to waive or otherwise
abrogate a participating state's state action immunity or state action
affirmative defense with respect to antitrust claims under the Sherman act,
Clayton act or any other state or federal antitrust or anticompetitive law or
regulation.
(8) Nothing in this compact shall be construed to be a waiver of
sovereign immunity by the participating states or by the commission.
SECTION 8—DATA SYSTEM
(a) The commission shall provide for the development, maintenance,
operation and utilization of a coordinated data and reporting system
containing licensure, adverse action and the reporting of the existence of
significant investigative information on all licensed PAs and applicants
that are denied a license in participating states.
(b) Notwithstanding any other state law to the contrary, a
participating state shall submit a uniform data set to the data system on all
PAs to whom this compact is applicable, utilizing a unique identifier, as
required by the rules of the commission, including:
(1) Identifying information;
(2) licensure data;
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(3) adverse actions against a license or compact privilege;
(4) any denial of application for licensure and the reason for such
denial, excluding the reporting of any criminal history record information
where such reporting is prohibited by law;
(5) the existence of significant investigative information; and
(6) other information that may facilitate the administration of this
compact, as determined by the rules of the commission.
(c) Significant investigative information pertaining to a licensee in
any participating state shall only be available to other participating states.
(d) The commission shall promptly notify all participating states of
any adverse action taken against a licensee or an individual applying for a
license that has been reported to such commission. Such adverse action
information shall be available to any other participating state.
(e) Participating states contributing information to the data system
may, in accordance with state or federal law, designate information that
shall not be shared with the public without the express permission of the
contributing state. Notwithstanding any such designation, such information
shall be reported to the commission through the data system.
(f) Any information submitted to the data system that is subsequently
expunged pursuant to federal law or the laws of the participating state
contributing the information shall be removed from the data system upon
reporting of such by the participating state to the commission.
(g) The records and information provided to a participating state
pursuant to this compact or through the data system, when certified by the
commission or an agent thereof, shall constitute the authenticated business
records of the commission and shall be entitled to any associated hearsay
exception in any relevant judicial, quasi-judicial or administrative
proceedings in a participating state.
SECTION 9—RULEMAKING
(a) The commission shall exercise its rulemaking powers pursuant to
the criteria set forth in this section and the rules adopted thereunder.
Commission rules shall become binding as of the date specified by the
commission for each rule.
(b) The commission shall adopt reasonable rules in order to
effectively and efficiently implement and administer this compact and
achieve its purposes. A commission rule shall be invalid and have no force
or effect only if a court of competent jurisdiction holds that the rule is
invalid because the commission exercised its rulemaking authority in a
manner that is beyond the scope of the purposes of this compact, the
powers granted hereunder or based upon another applicable standard of
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review.
(c) The rules of the commission shall have the force of law in each
participating state, except that where the rules of the commission conflict
with the laws of the participating state that establish the medical services, a
PA may perform in the participating state, as held by a court of competent
jurisdiction, and the rules of the commission shall be ineffective in that
state to the extent of the conflict.
(d) If a majority of the legislatures of the participating states rejects a
commission rule, by enactment of a statute or resolution in the same
manner used to adopt this compact within four years of the date of
adoption of the rule, then such rule shall have no further force and effect in
any participating state or to any state applying to participate in the
compact.
(e) Commission rules shall be adopted at a regular or special meeting
of the commission.
(f) Prior to promulgation and adoption of a final rule by the
commission and at least 30 days in advance of the meeting at which the
rule will be considered and voted upon, the commission shall file a notice
of proposed rulemaking:
(1) On the commission's website or other publicly accessible
platform;
(2) to persons who have requested notice of the commission's notices
of proposed rulemaking; and
(3) in such other ways as the commission may specify by rule.
(g) The notice of proposed rulemaking shall include:
(1) The time, date and location of the public hearing on the proposed
rule and the proposed time, date and location of the meeting in which the
proposed rule will be considered and voted upon;
(2) the text of and the reason for the proposed rule;
(3) a request for comments on the proposed rule from any interested
person and the date by which written comments must be received; and
(4) the manner in which interested persons may submit notice to the
commission of their intention to attend the public hearing or provide any
written comments.
(h) Prior to adoption of a proposed rule, the commission shall allow
persons to submit written data, facts, opinions and arguments, which shall
be made available to the public.
(i) If the hearing is to be held via electronic means, the commission
shall publish the mechanism for access to the electronic hearing.
(1) All persons wishing to be heard at the hearing shall, as directed in
the notice of proposed rulemaking published not less than five business
days before the scheduled date of the hearing, notify the commission of
their desire to appear and testify at the hearing.
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(2) Hearings shall be conducted in a manner that provides each
person who wishes to comment a fair and reasonable opportunity to
comment orally or in writing.
(3) All hearings shall be recorded. A copy of the recording and the
written comments, data, facts, opinions and arguments received in
response to the proposed rulemaking shall be made available to a person
upon request.
(4) Nothing in this section shall be construed as requiring a separate
hearing on each proposed rule. Proposed rules may be grouped for the
convenience of the commission at hearings required by this section.
(j) Following the public hearing, the commission shall consider all
written and oral comments timely received.
(k) The commission shall, by majority vote of all delegates, take final
action on the proposed rule and shall determine the effective date of the
rule, if adopted, based on the rulemaking record and the full text of the
rule.
(1) If adopted, the rule shall be posted on the commission's website.
(2) The commission may adopt changes to the proposed rule if the
changes do not expand the original purpose of the proposed rule.
(3) The commission shall provide an explanation on its website of the
reasons for any substantive changes made to the proposed rule as well as
reasons for any substantive changes not made that were recommended by
commenters.
(4) The commission shall determine a reasonable effective date for
the rule. Except for an emergency as provided in subsection (l), the
effective date of the rule shall be not sooner than 30 days after the
commission issued the notice that it adopted the rule.
(l) Upon the determination that an emergency exists, the commission
may consider and adopt an emergency rule with 24 hours' prior notice,
without the opportunity for comment or hearing, expect that the usual
rulemaking procedures provided in this compact and in this section shall
be retroactively applied to the rule as soon as reasonably possible but in no
event later than 90 days after the effective date of the rule. For the
purposes of this provision, an emergency rule is one that shall be adopted
immediately by the commission in order to:
(1) Address an imminent threat to public health, safety or welfare;
(2) prevent a loss of commission or participating state funds;
(3) meet a deadline for the promulgation of a commission rule that is
established by federal law or rule; or
(4) protect public health and safety.
(m) The commission, or an authorized committee of the commission,
may direct revisions to a previously adopted commission rule for purposes
of correcting typographical errors, errors in format, errors in consistency
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or grammatical errors. Public notice of any revisions shall be posted on the
commission's website. The revision shall be subject to challenge by any
person for a period of 30 days after posting. The revision may be
challenged only on grounds that the revision results in a material change to
a rule. A challenge shall be made as set forth in the notice of revisions and
delivered to the commission prior to the end of the notice period. If no
challenge is made, the revision shall take effect without further action. If
the revision is challenged, the revision shall not take effect without the
approval of the commission.
(n) No participating state's rulemaking requirements shall apply under
this compact.
SECTION 10—OVERSIGHT, DISPUTE RESOLUTION AND
ENFORCEMENT
(a) Oversight.
(1) The executive and judicial branches of state government in each
participating state shall enforce this compact and take all actions necessary
and appropriate to implement the compact.
(2) Venue is proper and judicial proceedings by or against the
commission shall be brought solely and exclusively in a court of
competent jurisdiction where the principal office of the commission is
located. The commission may waive venue and jurisdictional defenses to
the extent that it adopts or consents to participate in alternative dispute
resolution proceedings. Nothing herein shall affect or limit the selection or
propriety of venue in any action against a licensee for professional
malpractice, misconduct or any such similar matter.
(3) The commission shall be entitled to receive service of process in
any proceeding regarding the enforcement or interpretation of the compact
or the commission's rules and shall have standing to intervene in such a
proceeding for all purposes. Failure to provide the commission with
service of process shall render a judgment or order in such proceeding
void as to the commission, this compact or commission rules.
(b) Default, technical assistance and termination.
(1) If the commission determines that a participating state has
defaulted in the performance of its obligations or responsibilities under
this compact or the commission rules, the commission shall provide
written notice to the defaulting state and other participating states. The
notice shall describe the default, the proposed means of curing the default
and any other action that the commission may take and shall offer remedial
training and specific technical assistance regarding the default.
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(2) If a state in default fails to cure the default, the defaulting state
may be terminated from this compact upon an affirmative vote of a
majority of the delegates of the participating states, and all rights,
privileges and benefits conferred by this compact upon such state may be
terminated on the effective date of termination. A cure of the default shall
not relieve the offending state of obligations or liabilities incurred during
the period of default.
(3) Termination of participation in this compact shall be imposed only
after all other means of securing compliance have been exhausted. Notice
of intent to suspend or terminate shall be given by the commission to the
governor, the majority and minority leaders of the defaulting state's
legislature and to the licensing board of each of the participating states.
(4) A state that has been terminated is responsible for all assessments,
obligations and liabilities incurred through the effective date of
termination, including obligations that extend beyond the effective date of
termination.
(5) The commission shall not bear any costs related to a state that is
found to be in default or that has been terminated from this compact,
unless agreed upon in writing between the commission and the defaulting
state.
(6) The defaulting state may appeal its termination from the compact
by the commission by petitioning the United States district court for the
District of Columbia or the federal district where the commission has its
principal offices. The prevailing member shall be awarded all costs of such
litigation, including reasonable attorney fees.
(7) Upon the termination of a state's participation in the compact, the
state shall immediately provide notice to all licensees within that state of
such termination:
(A) Licensees who have been granted a compact privilege in that
state shall retain the compact privilege for 180 days following the effective
date of such termination; and
(B) licensees who are licensed in that state who have been granted a
compact privilege in a participating state shall retain the compact privilege
for 180 days unless the licensee also has a qualifying license in a
participating state or obtains a qualifying license in a participating state
before the 180-day period ends, in which case, the compact privilege shall
continue.
(c) Dispute resolution.
(1) Upon request by a participating state, the commission shall
attempt to resolve disputes related to this compact that arise among
participating states and between participating and nonparticipating states.
(2) The commission shall adopt a rule providing for both mediation
and binding dispute resolution for disputes as appropriate.
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(d) Enforcement.
(1) The commission, in the reasonable exercise of its discretion, shall
enforce the provisions of this compact and rules of the commission.
(2) If compliance is not secured after all means to secure compliance
have been exhausted, by majority vote, the commission may initiate legal
action in the United States district court for the District of Columbia or the
federal district where the commission has its principal offices against a
participating state in default to enforce compliance with the provisions of
this compact and the commission's promulgated rules and bylaws. The
relief sought may include both injunctive relief and damages. In the event
that judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable attorney fees.
(3) The remedies herein shall not be the exclusive remedies of the
commission. The commission may pursue any other remedies available
under federal or state law.
(e) Legal action against the commission.
(1) A participating state may initiate legal action against the
commission in the United States district court for the District of Columbia
or the federal district where the commission has its principal offices to
enforce compliance with the provisions of the compact and its rules. The
relief sought may include both injunctive relief and damages. In the event
that judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable attorney fees.
(2) No person other than a participating state shall enforce this
compact against the commission.
SECTION 11—DATE OF IMPLEMENTATION OF THE PA
LICENSURE COMPACT COMMISSION
(a) This compact shall come into effect on the date that this compact
statute is enacted into law in the seventh participating state.
(1) On or after the effective date of the compact, the commission
shall convene and review the enactment of each of the states that enacted
the compact prior to the commission convening, called charter-
participating states, to determine if the statute enacted by each such
charter-participating state is materially different than the model compact.
(A) A charter-participating state whose enactment is found to be
materially different from the model compact shall be entitled to the default
process set forth in section 10(b).
(B) If any participating state later withdraws from the compact or its
participation is terminated, the commission shall remain in existence and
the compact shall remain in effect even if the number of participating
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states should be fewer than seven. Participating states enacting the
compact subsequent to the commission convening shall be subject to the
process set forth in section 7(c)(21) to determine if their enactments are
materially different from the model compact and whether they qualify for
participation in the compact.
(2) Participating states enacting the compact subsequent to the seven
initial charter-participating states shall be subject to the process set forth in
section 7(c)(21) to determine if their enactments are materially different
from the model compact and whether they qualify for participation in the
compact.
(3) All actions taken for the benefit of the commission or in
furtherance of the purposes of the administration of the compact prior to
the effective date of the compact or the commission coming into existence
shall be considered to be actions of the commission unless specifically
repudiated by the commission.
(b) Any state that joins this compact shall be subject to the
commission's rules and bylaws as they exist on the date that this compact
becomes law in that state. Any rule that has been previously adopted by
the commission shall have the full force and effect of law on the day that
this compact becomes law in that state.
(c) Any participating state may withdraw from this compact by
enacting a statute repealing the same.
(1) A participating state's withdrawal shall not take effect until 180
days after enactment of the repealing statute. During the 180-day period,
all compact privileges that were in effect in the withdrawing state and were
granted to licensees licensed in the withdrawing state shall remain in
effect. If any licensee licensed in the withdrawing state is also licensed in
another participating state or obtains a license in another participating state
within the 180 days, the licensee's compact privileges in other participating
states shall not be affected by the passage of the 180 days.
(2) Withdrawal shall not affect the continuing requirement of the state
licensing board of the withdrawing state to comply with the investigative
and adverse action reporting requirements of this compact prior to the
effective date of withdrawal.
(3) Upon the enactment of a statute withdrawing a state from this
compact, the state shall immediately provide notice of such withdrawal to
all licensees within that state. Such withdrawing state shall continue to
recognize all licenses granted pursuant to this compact for a minimum of
180 days after the date of such notice of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate
or prevent any PA licensure agreement or other cooperative arrangement
between participating states and between a participating state and
nonparticipating state that does not conflict with the provisions of this
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compact.
(e) This compact may be amended by the participating states. No
amendment to this compact shall become effective and binding upon any
participating state until it is enacted materially in the same manner into the
laws of all participating states as determined by the commission.
SECTION 12—CONSTRUCTION AND SEVERABILITY
(a) This compact and the commission's rulemaking authority shall be
liberally construed so as to effectuate the purposes and the implementation
and administration of the compact. Provisions of the compact expressly
authorizing or requiring the adoption of rules shall not be construed to
limit the commission's rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable, and if any
phrase, clause, sentence or provision of this compact is held by a court of
competent jurisdiction to be contrary to the constitution of any
participating state, a state seeking participation in the compact or of the
United States, or the applicability thereof to any government, agency,
person or circumstance is held to be unconstitutional by a court of
competent jurisdiction, the validity of the remainder of this compact and
the applicability thereof to any other government, agency, person or
circumstance shall not be affected thereby.
(c) Notwithstanding the provisions of this subsection or subsection
(b), the commission may deny a state's participation in the compact or, in
accordance with the requirements of section 10(b), terminate a
participating state's participation in the compact, if it determines that a
constitutional requirement of a participating state is, or would be with
respect to a state seeking to participate in the compact, a material departure
from the compact. Otherwise, if this compact shall be held to be contrary
to the constitution of any participating state, the compact shall remain in
full force and effect as to the remaining participating states and in full
force and effect as to the participating state affected as to all severable
matters.
SECTION 13—BINDING EFFECT OF COMPACT
(a) Nothing herein prevents the enforcement of any other law of a
participating state that is not inconsistent with this compact.
(b) Any laws in a participating state in conflict with this compact are
superseded to the extent of the conflict.
(c) All agreements between the commission and the participating
states are binding in accordance with their terms.
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Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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