An Act authorizing the Commonwealth of Pennsylvania to join the PA Licensure Compact; providing for the form of the compact; and imposing additional powers and duties on the Governor, the Secretary of the Commonwealth and the PA Licensure Compact.

SENATE AMENDED
PRIOR PRINTER'S NOS. 2470, 2551 PRINTER'S NO. 2870
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1961
Session of
2025
INTRODUCED BY MERSKI, BURNS, HILL-EVANS, HARKINS, KENYATTA,
FRANKEL, HOHENSTEIN, SANCHEZ, SHUSTERMAN, CURRY, CEPEDA-
FREYTIZ, SAMUELSON, RIVERA, K. HARRIS, SCOTT, KHAN AND
BOROWSKI, OCTOBER 17, 2025
SENATOR STEFANO, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
IN SENATE, AS AMENDED, FEBRUARY 4, 2026
AN ACT
Authorizing the Commonwealth of Pennsylvania to join the PA
Licensure Compact; providing for the form of the compact; and
imposing additional powers and duties on the Governor, the
Secretary of the Commonwealth and the PA Licensure Compact.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the PA Licensure
Compact Act.
Section 2. Authority to execute compact.
The Governor of Pennsylvania, on behalf of this State, is
hereby authorized to execute a compact in substantially the
following form with any one or more of the states of the United
States and the General Assembly hereby signifies in advance its
approval and ratification of such compact:
PA LICENSURE COMPACT
Section 1. Purpose
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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,
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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.
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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.
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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
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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
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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 thirty (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 (2) years have elapsed from the date on which the
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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.
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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.
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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.
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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 (2) 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 (1) 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
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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 sixty (60)
days.
5. Each delegate shall be entitled to one (1) 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
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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;
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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.
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2. Notwithstanding subsection D.1 of this section, the
Commission may convene a public meeting by providing at least
twenty-four (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
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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
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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
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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 (9)
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;
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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
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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
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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
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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
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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
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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 (4) 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 thirty (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
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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 (5) 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
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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 thirty (30) days after the Commission issued the
notice that it adopted the Rule.
L. Upon determination that an emergency exists, the
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Commission may consider and adopt an emergency Rule with twenty-
four (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 ninety (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 thirty (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.
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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
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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
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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 one hundred eighty (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 one hundred eighty
(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 one hundred
eighty (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
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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
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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
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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 one hundred eighty (180) days after enactment of
the repealing statute. During this one hundred eighty (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 one hundred eighty (180) days,
the Licensee's Compact Privileges in other Participating
States shall not be affected by the passage of the one
hundred eighty (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
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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 one hundred
eighty (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
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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.
Section 3. When and how compact becomes operative.
(a) Conditions.--When the Governor executes the PA Licensure
Compact on behalf of this State and files a verified copy
thereof with the Secretary of the Commonwealth and when the
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compact comes into effect in accordance with section 11 of the
compact, the compact shall become operative and effective
between this State and the other participating states. The
Governor is authorized and directed to take any necessary action
to complete the exchange of official documents between this
State and any other participating state.
(b) Notice in Pennsylvania Bulletin.--The Secretary of the
Commonwealth shall transmit notice to the Legislative Reference
Bureau for publication in the next available issue of the
Pennsylvania Bulletin when the conditions specified in
subsection (a) are satisfied. The notice shall include the date
on which the compact became effective and operative between this
State and the other participating states in accordance with this
act.
(C) IMPLEMENTATION.--THE STATE BOARD OF MEDICINE AND THE
STATE BOARD OF OSTEOPATHIC MEDICINE SHALL HAVE THE FOLLOWING
DUTIES:
(1) PROMULGATE TEMPORARY REGULATIONS NECESSARY TO
IMPLEMENT THIS ACT UNDER 63 PA.C.S. § 3120 (RELATING TO
TEMPORARY RULEMAKING AUTHORITY) WITHIN ONE YEAR OF THE
EFFECTIVE DATE OF THIS PARAGRAPH.
(2) ACCEPT COMPACT PRIVILEGE APPLICATIONS AND ISSUE
COMPACT PRIVILEGES UNDER THIS ACT WITHIN ONE YEAR OF THE
EFFECTIVE DATE OF THIS PARAGRAPH.
Section 4. Compensation and expenses of compact commissioner.
A compact commissioner who represents this State, as provided
for in section 7 of the PA Licensure Compact, shall not be
entitled to any additional compensation for the duties and
responsibilities as compact commissioner but shall be entitled
to reimbursement for reasonable expenses actually incurred in
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connection with the duties and responsibilities as compact
commissioner in the same manner as for expenses incurred in
connection with other duties and responsibilities of the
individual's office or employment.
Section 5. Effective date.
This act shall take effect in one year IMMEDIATELY.
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