Enters New Jersey into Interstate Physician Assistant Licensure Compact.

A1391

ASSEMBLY, No. 1391

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ELLEN J. PARK

District 37 (Bergen)

Co-Sponsored by:

Assemblywoman Speight and Assemblyman Sampson

SYNOPSIS

���� Enters New Jersey into Interstate Physician Assistant
Licensure Compact.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
entering New Jersey into the Interstate Physician
Assistant Licensure Compact and supplementing Title 45 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� The State of New Jersey
enacts
and enters into the PA licensure
compact with all other jurisdictions that legally join the compact in the form
substantially as follows:

���� 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

���� In this Compact:

���� a.���� �Adverse Action� means
any administrative, civil, equitable, or criminal action permitted by a State�s
laws which is imposed by a Licensing Board or other authority against a PA
License or License application or Compact Privilege such as 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 plea of guilt or no contest to the
charge by the offender

���� d.��� �Criminal Background
Check� means the submission of fingerprints or other biometric-based
information for a License applicant 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 about Licensees, including but not limited to License
status and Adverse Actions, which 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 health-related condition(s)
that impact their 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, which 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
health care 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 by the Commission.

���� o.��� �Participating State�
means a State that has enacted this Compact.

���� p.��� �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.

���� q.��� �PA Licensure Compact
Commission,� �Compact Commission,� or �Commission� mean the national
administrative body created pursuant to Section 7.a. of 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 a
regulation promulgated 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 License
applicants.

���� (4)�� Notify the Commission,
in compliance with the terms of this Compact and Commission Rules, of any
Adverse Action against a Licensee or License applicant and the existence of
Significant Investigative Information regarding a Licensee or License
applicant.

���� (5)�� Fully implement a
Criminal Background Check requirement, within a time frame established by
Commission Rule, by its Licensing Board receiving the results of a Criminal
Background Check and reporting to the Commission whether the License applicant
has been granted a License.

���� (6)�� Comply with the Rules of
the Compact Commission.

���� (7)�� Utilize passage of a
recognized national exam such as the NCCPA PANCE as a requirement for PA
licensure.

����
(8)
�� Grant the Compact Privilege to a holder of a Qualifying
License in a Participating State.

����� b.�� Nothing in this Compact
prohibits a Participating State from charging a fee for granting the Compact
Privilege.

���� Section 4. Compact Privilege

���� a.���� To exercise the Compact
Privilege, a Licensee must:

���� (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 Conviction.

���� (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.

���� (8)�� If a Licensee has had a
limitation or restriction on a License or Compact Privilege due to an Adverse
Action, two years must have elapsed from the date on which the License or
Compact Privilege is no longer limited or restricted due to the Adverse Action.

���� (9)�� 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.

���� (10) Notify the Compact
Commission that the Licensee is seeking the Compact Privilege in a Remote
State.

���� (11) 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.

���� (12) Report to the Commission
any Adverse Action taken by a non-participating State within 30 days after the
action is taken.

���� b.��� The Compact Privilege is
valid until the expiration or revocation of the Qualifying License unless
terminated pursuant to an Adverse Action. The Licensee must also comply with
all of the requirements of Subsection a. above 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 all of the following
occur:

���� (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.(1) and (2), the
Licensee must 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 requirements imposed by such State in granting or renewing such
authority.

���� Section 5. Designation of the
State from Which Licensee is Applying for a Compact Privilege

���� a.���� 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:

���� (1)�� 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.

���� (2)�� 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 State shall have the authority, in
accordance with existing State due process law, to do all of the following:

���� (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.

���� (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 that 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 are located.

���� (3)�� Notwithstanding
paragraph 2, subpoenas may not be issued by a Participating State to gather
evidence of conduct in another State that is lawful in that other State for the
purpose of taking Adverse Action against a Licensee�s Compact Privilege or
application for a Compact Privilege in that Participating State.

���� (4)�� Nothing in this Compact
authorizes 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.

���� c.���� For purposes of taking
Adverse Action, the Participating State which issued the Qualifying License
shall give the same priority and effect to reported conduct received from any
other Participating State as it would if the conduct had occurred within the Participating
State which issued the Qualifying License. In so doing, that Participating
State shall apply its own State laws to determine appropriate action.

���� d.��� 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.

���� e.���� A Participating State
may take Adverse Action based on the factual findings of a Remote State,
provided that the Participating State follows its own procedures for taking the
Adverse Action.

���� f.���� Joint Investigations

���� (1)�� In addition to the
authority granted to a Participating State by its respective State 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 compliance materials in
furtherance of any joint or individual investigation initiated under this
Compact.

���� g.��� 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 which 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.

���� h.��� 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 that Participating
State�s Licensing Board or, if the State has more than one Licensing Board,
selected collectively by the Participating State�s Licensing Boards.

���� (2)�� The delegate shall be
either:

���� (a)�� A current PA, physician
or public member of a Licensing Board or PA Council/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 business and affairs of the
Commission. 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 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)�� Promulgate Rules to
facilitate and coordinate implementation and administration of this Compact.
The 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, provided 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; provided that 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; provided that at all times the Commission
shall avoid any appearance of impropriety;

���� (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, and 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;

���� (19) Elect a Chair, Vice
Chair, 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 may 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 departs in a material manner 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 thirty (30) days prior to the public meeting.

���� (2)�� Notwithstanding
subsection d.(1) of this section, 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, non-public meeting or non-public part of a public meeting
to receive legal advice or to discuss:

���� (a)�� Non-compliance 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)�� Current, threatened, or
reasonably anticipated litigation;

���� (d)�� Negotiation of contracts
for the purchase, lease, or sale of goods, services, or real estate;

���� (e)�� Accusing any person of a
crime or formally censuring any person;

���� (f)�� Disclosure of trade
secrets or commercial or financial information that is privileged or
confidential;

���� �(g)� Disclosure of
information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;

���� (h)�� Disclosure of
investigative records compiled for law enforcement purposes;

���� (i)��� Disclosure of
information related to any investigative reports prepared by or on behalf of or
for use of the Commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant to this Compact;

���� (j)��� Legal advice; or

���� (k)�� Matters specifically
exempted from disclosure by federal or Participating States� statutes.

���� (4)�� If a meeting, or portion
of a meeting, is closed pursuant to this provision, the chair of the meeting or
the chair�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 whom a
Compact Privilege is granted to cover the cost of the operations and activities
of the Commission and its staff, which must be in a total amount sufficient to
cover its 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.

���� (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.

���� (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 the
Participating State through which it applies for a Compact Privilege 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 the
same; 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 the 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:

���� (a)�� Seven voting members who
are elected by the Commission from the current membership of the Commission;

���� (b)�� One ex-officio,
nonvoting member from a recognized national PA professional association; and

���� (c)�� One ex-officio,
nonvoting member from a recognized national PA certification organization.

���� (3)�� The ex-officio members
will be selected by their respective organizations.

���� (4)�� The Commission may
remove any member of the Executive Committee as provided in its bylaws.

���� (5)�� The Executive Committee
shall meet at least annually.

���� (6)�� 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 Compact
administration services are appropriately provided, 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;

���� (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.

���� (7)�� All meeting 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.

���� (8)�� The Executive Committee
may convene in a closed, non-public meeting for the same reasons that the
Commission may convene in a non-public meeting as set forth in Section 7.d.(3)
and shall announce the closed meeting as the Commission is required to under Section
7.d.(4) and keep minutes of the closed meeting as the Commission is required to
under Section 7.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 person against whom the claim is made
had a reasonable basis for believing occurred within the scope of Commission
employment, duties or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit or liability for any
damage, loss, injury, or liability caused by the intentional or willful or
wanton misconduct of that person. 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 person against whom the claim is made had a reasonable
basis for believing occurred within the scope of Commission employment, duties,
or responsibilities; provided that nothing herein shall be construed to
prohibit that person from retaining their own counsel at their own expense; and
provided further, that the actual or alleged act, error, or omission did not
result from that person�s intentional or willful or wanton misconduct.

���� (3)�� The Commission shall
indemnify and hold harmless any member, officer, executive director, employee,
and representative of the Commission for the amount of any settlement or
judgment obtained against that person 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 person had a reasonable basis for
believing occurred within the scope of Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission
did not result from the intentional or willful or wanton misconduct of that
person.

���� (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 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;

���� (3)�� Adverse Actions against
a License or Compact Privilege;

���� (4)�� Any denial of
application for licensure, and the reason(s) for such denial (excluding the
reporting of any Criminal history record information where 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 it.
This 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 may 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
promulgate 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 not 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,
or the powers granted hereunder, or based upon another applicable standard of
review.

���� c.���� The Rules of the
Commission shall have the force of law in each Participating State, provided
however 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, 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 or Rules 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 website of the
Commission or other publicly accessible platform; and

���� (2)�� To persons who have
requested notice of the Commission�s notices of proposed rulemaking, and

���� (3)�� In such other way(s) as
the Commission may by Rule specify.

���� 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 the proposed
Rule 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,
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.

���� (2)�� Hearings shall be
conducted in a manner providing 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 provided the changes do not enlarge the original
purpose of the proposed Rule.

���� (3)�� The Commission shall
provide on its website an explanation of the reasons for substantive changes
made to the proposed Rule as well as reasons for 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 no sooner
than 30 days after the Commission issued the notice that it adopted the Rule.

���� l.���� Upon 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,
provided 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, 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 must be
adopted immediately by the Commission in order to:

���� (1)�� Meet 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, or grammatical errors. Public notice of any
revisions shall be posted on the website of the Commission. 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 will take effect without further
action. If the revision is challenged, the revision may 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 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.

���� (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 does 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(s) 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
U.S. 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�s 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.

���� (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 non-Participating States.

���� (2)�� The Commission shall
promulgate a Rule providing for both mediation and binding dispute resolution
for disputes as appropriate.

���� 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 judicial enforcement is necessary, the prevailing party
shall be awarded all costs of such litigation, including reasonable attorney�s
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 U.S. 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 judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable attorney�s 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 on which 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 (�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 States should be less 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 on which 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 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 this 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(s) 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 non-Participating State that does not
conflict with the provisions of this 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
promulgation 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
subsection b. or this section, the Commission may deny a State�s participation
in the Compact or, in accordance with the requirements of Section10.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.

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill enters New Jersey
into the Interstate Physician Assistant Licensure Compact (compact).

���� Under the bill, to participate
in this compact, a state is to:� (1) license physician assistants (PAs); (2)
participate in the Compact Commission�s Data System; (3) have a mechanism in
place for receiving and investigating complaints against Licensees and License
applicants; (4) notify the Commission of any Adverse Action against a Licensee
or License applicant and the existence of Significant Investigative Information
regarding a Licensee or License applicant; (5) fully implement a Criminal
Background Check requirement; (6) comply with the Rules of the Compact
Commission; (7) utilize passage of a recognized national exam 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.

���� The bill provides that to
exercise the compact privilege, a Licensee is to: (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 conviction;
(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; (8) if a Licensee has had a limitation or restriction on a License or
Compact Privilege due to an Adverse Action, two years must have elapsed from
the date on which the License or Compact Privilege is no longer limited or
restricted due to the Adverse Action; (9) 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 is to have the discretion not to consider such action as an
Adverse Action requiring the denial or removal of a Compact Privilege in that
State; (10) notify the Compact Commission that the Licensee is seeking the
Compact Privilege in a Remote State; (11) meet any Jurisprudence Requirement of
a Remote State in which the Licensee is seeking to practice under the Compact
Privilege; and (12) report to the Commission any Adverse Action taken by a
non-participating State within 30 days after the action is taken.

���� As of May 2025, Washington,
Utah, Nebraska, Wisconsin, Virginia, West Virginia, Ohio, Oklahoma, Maine,
Colorado, Minnesota, Tennessee, Arkansas, Montana, Kansas, and Delaware have
enacted the compact.