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

PRINTER'S NO. 1238
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1051
Session of
2025
INTRODUCED BY BROOKS AND VOGEL, OCTOBER 15, 2025
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
OCTOBER 15, 2025
AN ACT
Authorizing the Commonwealth of Pennsylvania to join the PA
Licensure Interstate Compact; providing for the form of the
compact; and imposing additional powers and duties on the
Governor, the Secretary of the Commonwealth and the 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
Interstate 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:
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
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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
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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.
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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
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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.
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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
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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
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
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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
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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
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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 (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
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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 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
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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;
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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.
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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
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
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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
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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
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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 (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.
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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
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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
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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
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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;
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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
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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 (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
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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
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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 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
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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
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
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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
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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.
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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 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
Commission
A. This Compact shall come into effect on the date on which
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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.
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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 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
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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,
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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) General rule.--When the Governor executes the Interstate
Compact on behalf of this State and files a verified copy
thereof with the Secretary of the Commonwealth and when the
compact is ratified by one or more other states, the compact
shall become operative and effective between this State and such
other state or states. The Governor is hereby authorized and
directed to take such action as may be necessary to complete the
exchange of official documents between this State and any other
state ratifying the compact.
(b) Notice in Pennsylvania Bulletin.--The Secretary of the
Commonwealth shall transmit notice to the Legislative Reference
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Bureau for publication in the next available issue of the
Pennsylvania Bulletin when the conditions set forth in
subsection (a) are satisfied and shall include in the notice the
date on which the compact became effective and operative between
this State and any other state or states in accordance with this
act.
Section 4. Compensation and expenses of compact administrator.
The compact administrator who represents this State, as
provided for in the Interstate Compact, shall not be entitled to
any additional compensation for his duties and responsibilities
as compact administrator but shall be entitled to reimbursement
for reasonable expenses actually incurred in connection with his
duties and responsibilities as compact administrator in the same
manner as for expenses incurred in connection with other duties
and responsibilities of his office or employment.
Section 5. Effective date.
This act shall take effect in 60 days.
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