Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 101 3
4
By: Senator C. Penzo 5
By: Representative Gramlich 6
7
For An Act To Be Entitled 8
AN ACT TO ESTABLISH THE PHYSICIAN ASSISTANT LICENSURE 9
COMPACT; AND FOR OTHER PURPOSES. 10
11
12
Subtitle 13
TO ESTABLISH THE PHYSICIAN ASSISTANT 14
LICENSURE COMPACT. 15
16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
18
SECTION 1. Arkansas Code Title 17, Chapter 105, is amended to add an 19
additional subchapter to read as follows: 20
Subchapter 2 — Physician Assistant Licensure Compact 21
22
17-105-201. Text of compact. 23
The Physician Assistant Licensure Compact is enacted into law and 24
entered into by this state with all states legally joining therein and in the 25
form substantially as follows: 26
PA LICENSURE COMPACT 27
28
Section 1. Purpose 29
In order to strengthen access to Medical Services, and in recognition of the 30
advances in the delivery of Medical Services, the Participating States of the 31
PA Licensure Compact have allied in common purpose to develop a comprehensive 32
process that complements the existing authority of State Licensing Boards to 33
license and discipline PAs and seeks to enhance the portability of a License 34
to practice as a PA while safeguarding the safety of patients. This Compact 35
allows Medical Services to be provided by PAs, via the mutual recognition of 36 SB101
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the Licensee’s Qualifying License by other Compact Participating States. This 1
Compact also adopts the prevailing standard for PA licensure and affirms that 2
the practice and delivery of Medical Services by the PA occurs where the 3
patient is located at the time of the patient encounter, and therefore 4
requires the PA to be under the jurisdiction of the State Licensing Board 5
where the patient is located. State Licensing Boards that participate in this 6
Compact retain the jurisdiction to impose Adverse Action against a Compact 7
Privilege in that State issued to a PA through the procedures of this 8
Compact. The PA Licensure Compact will alleviate burdens for military 9
families by allowing active duty military personnel and their spouses to 10
obtain a Compact Privilege based on having an unrestricted License in good 11
standing from a Participating State. 12
13
Section 2. Definitions 14
In this Compact: 15
A. “Adverse Action” means any administrative, civil, equitable, or 16
criminal action permitted by a State’s laws which is imposed by a Licensing 17
Board or other authority against a PA License or License application or 18
Compact Privilege such as License denial, censure, revocation, suspension, 19
probation, monitoring of the Licensee, or restriction on the Licensee’s 20
practice. 21
B. “Compact Privilege” means the authorization granted by a Remote 22
State to allow a Licensee from another Participating State to practice as a 23
PA to provide Medical Services and other licensed activity to a patient 24
located in the Remote State under the Remote State’s laws and regulations. 25
C. “Conviction” means a finding by a court that an individual is 26
guilty of a felony or misdemeanor offense through adjudication or entry of a 27
plea of guilt or no contest to the charge by the offender. 28
D. “Criminal Background Check” means the submission of fingerprints or 29
other biometric-based information for a License applicant for the purpose of 30
obtaining that applicant’s criminal history record information, as defined in 31
28 C.F.R. § 20.3(d), from the State’s criminal history record repository as 32
defined in 28 C.F.R. § 20.3(f). 33
E. “Data System” means the repository of information about Licensees, 34
including but not limited to License status and Adverse Actions, which is 35
created and administered under the terms of this Compact. 36 SB101
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F. “Executive Committee” means a group of directors and ex -officio 1
individuals elected or appointed pursuant to Section 7.F.2. 2
G. “Impaired Practitioner” means a PA whose practice is adversely 3
affected by health-related condition(s) that impact their ability to 4
practice. 5
H. “Investigative Information” means information, records, or 6
documents received or generated by a Licensing Board pursuant to an 7
investigation. 8
I. “Jurisprudence Requirement” means the assessment of an individual’s 9
knowledge of the laws and Rules governing the practice of a PA in a State. 10
J. “License” means current authorization by a State, other than 11
authorization pursuant to a Compact Privilege, for a PA to provide Medical 12
Services, which would be unlawful without current authorization. 13
K. “Licensee” means an individual who holds a License from a State to 14
provide Medical Services as a PA. 15
L. “Licensing Board” means any State entity authorized to license and 16
otherwise regulate PAs. 17
M. “Medical Services” means health care services provided for the 18
diagnosis, prevention, treatment, cure or relief of a health condition, 19
injury, or disease, as defined by a State’s laws and regulations. 20
N. “Model Compact” means the model for the PA Licensure Compact on 21
file with The Council of State Governments or other entity as designated by 22
the Commission. 23
O. “Participating State” means a State that has enacted this Compact. 24
P. “PA” means an individual who is licensed as a physician assistant 25
in a State. For purposes of this Compact, any other title or status adopted 26
by a State to replace the term “physician assistant” shall be deemed 27
synonymous with “physician assistant” and shall confer the same rights and 28
responsibilities to the Licensee under the provisions of this Compact at the 29
time of its enactment. 30
Q. “PA Licensure Compact Commission,” “Compact Commission,” or 31
“Commission” mean the national administrative body created pursuant to 32
Section 7.A of this Compact. 33
R. “Qualifying License” means an unrestricted License issued by a 34
Participating State to provide Medical Services as a PA. 35
S. “Remote State” means a Participating State where a Licensee who is 36 SB101
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not licensed as a PA is exercising or seeking to exercise the Compact 1
Privilege. 2
T. “Rule” means a regulation promulgated by an entity that has the 3
force and effect of law. 4
U. “Significant Investigative Information” means Investigative 5
Information that a Licensing Board, after an inquiry or investigation that 6
includes notification and an opportunity for the PA to respond if required by 7
State law, has reason to believe is not groundless and, if proven true, would 8
indicate more than a minor infraction. 9
V. “State” means any state, commonwealth, district, or territory of 10
the United States. 11
12
Section 3. State Participation in this Compact 13
A. To participate in this Compact, a Participating State shall: 14
1. License PAs. 15
2. Participate in the Compact Commission’s Data System. 16
3. Have a mechanism in place for receiving and investigating 17
complaints against Licensees and License applicants. 18
4. Notify the Commission, in compliance with the terms of this 19
Compact and Commission Rules, of any Adverse Action against a Licensee or 20
License applicant and the existence of Significant Investigative Information 21
regarding a Licensee or License applicant. 22
5. Fully implement a Criminal Background Check requirement, 23
within a time frame established by Commission Rule, by its Licensing Board 24
receiving the results of a Criminal Background Check and reporting to the 25
Commission whether the License applicant has been granted a License. 26
6. Comply with the Rules of the Compact Commission. 27
7. Utilize passage of a recognized national exam such as the 28
NCCPA PANCE as a requirement for PA licensure. 29
8. Grant the Compact Privilege to a holder of a Qualifying 30
License in a Participating State. 31
B. Nothing in this Compact prohibits a Participating State from 32
charging a fee for granting the Compact Privilege. 33
34
Section 4. Compact Privilege 35
A. To exercise the Compact Privilege, a Licensee must: 36 SB101
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1. Have graduated from a PA program accredited by the 1
Accreditation Review Commission on Education for the Physician Assistant, 2
Inc. or other programs authorized by Commission Rule. 3
2. Hold current NCCPA certification. 4
3. Have no felony or misdemeanor Conviction. 5
4. Have never had a controlled substance license, permit, or 6
registration suspended or revoked by a State or by the United States Drug 7
Enforcement Administration. 8
5. Have a unique identifier as determined by Commission Rule. 9
6. Hold a Qualifying License. 10
7. Have had no revocation of a License or limitation or 11
restriction on any License currently held due to an adverse action. 12
8. If a Licensee has had a limitation or restriction on a 13
License or Compact Privilege due to an Adverse Action, two years must have 14
elapsed from the date on which the License or Compact Privilege is no longer 15
limited or restricted due to the Adverse Action. 16
9. If a Compact Privilege has been revoked or is limited or 17
restricted in a Participating State for conduct that would not be a basis for 18
disciplinary action in a Participating State in which the Licensee is 19
practicing or applying to practice under a Compact Privilege, that 20
Participating State shall have the discretion not to consider such action as 21
an Adverse Action requiring the denial or removal of a Compact Privilege in 22
that State. 23
10. Notify the Compact Commission that the Licensee is seeking 24
the Compact Privilege in a Remote State. 25
11. Meet any Jurisprudence Requirement of a Remote State in 26
which the Licensee is seeking to practice under the Compact Privilege and pay 27
any fees applicable to satisfying the Jurisprudence Requirement. 28
12. Report to the Commission any Adverse Action taken by a non -29
participating State within thirty (30) days after the action is taken. 30
B. The Compact Privilege is valid until the expiration or revocation 31
of the Qualifying License unless terminated pursuant to an Adverse Action. 32
The Licensee must also comply with all of the requirements of Subsection A 33
above to maintain the Compact Privilege in a Remote State. If the 34
Participating State takes Adverse Action against a Qualifying License, the 35
Licensee shall lose the Compact Privilege in any Remote State in which the 36 SB101
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Licensee has a Compact Privilege until all of the following occur: 1
1. The License is no longer limited or restricted; and 2
2. Two (2) years have elapsed from the date on which the License 3
is no longer limited or restricted due to the Adverse Action. 4
C. Once a restricted or limited License satisfies the requirements of 5
Subsection B.1 and 2, the Licensee must meet the requirements of Subsection A 6
to obtain a Compact Privilege in any Remote State. 7
D. For each Remote State in which a PA seeks authority to prescribe 8
controlled substances, the PA shall satisfy all requirements imposed by such 9
State in granting or renewing such authority. 10
11
Section 5. Designation of the State from Which Licensee is Applying for a 12
Compact Privilege 13
A. Upon a Licensee’s application for a Compact Privilege, the Licensee 14
shall identify to the Commission the Participating State from which the 15
Licensee is applying, in accordance with applicable Rules adopted by the 16
Commission, and subject to the following requirements: 17
1. When applying for a Compact Privilege, the Licensee shall 18
provide the Commission with the address of the Licensee’s primary residence 19
and thereafter shall immediately report to the Commission any change in the 20
address of the Licensee’s primary residence. 21
2. When applying for a Compact Privilege, the Licensee is 22
required to consent to accept service of process by mail at the Licensee’s 23
primary residence on file with the Commission with respect to any action 24
brought against the Licensee by the Commission or a Participating State, 25
including a subpoena, with respect to any action brought or investigation 26
conducted by the Commission or a Participating State. 27
28
Section 6. Adverse Actions 29
A. A Participating State in which a Licensee is licensed shall have 30
exclusive power to impose Adverse Action against the Qualifying License 31
issued by that Participating State. 32
B. In addition to the other powers conferred by State law, a Remote 33
State shall have the authority, in accordance with existing State due process 34
law, to do all of the following: 35
1. Take Adverse Action against a PA’s Compact Privilege within 36 SB101
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that State to remove a Licensee’s Compact Privilege or take other action 1
necessary under applicable law to protect the health and safety of its 2
citizens. 3
2. Issue subpoenas for both hearings and investigations that 4
require the attendance and testimony of witnesses as well as the production 5
of evidence. Subpoenas issued by a Licensing Board in a Participating State 6
for the attendance and testimony of witnesses or the production of evidence 7
from another Participating State shall be enforced in the latter State by any 8
court of competent jurisdiction, according to the practice and procedure of 9
that court applicable to subpoenas issued in proceedings pending before it. 10
The issuing authority shall pay any witness fees, travel expenses, mileage 11
and other fees required by the service statutes of the State in which the 12
witnesses or evidence are located. 13
3. Notwithstanding paragraph 2, subpoenas may not be issued by a 14
Participating State to gather evidence of conduct in another State that is 15
lawful in that other State for the purpose of taking Adverse Action against a 16
Licensee’s Compact Privilege or application for a Compact Privilege in that 17
Participating State. 18
4. Nothing in this Compact authorizes a Participating State to 19
impose discipline against a PA’s Compact Privilege or to deny an application 20
for a Compact Privilege in that Participating State for the individual’s 21
otherwise lawful practice in another State. 22
C. For purposes of taking Adverse Action, the Participating State 23
which issued the Qualifying License shall give the same priority and effect 24
to reported conduct received from any other Participating State as it would 25
if the conduct had occurred within the Participating State which issued the 26
Qualifying License. In so doing, that Participating State shall apply its own 27
State laws to determine appropriate action. 28
D. A Participating State, if otherwise permitted by State law, may 29
recover from the affected PA the costs of investigations and disposition of 30
cases resulting from any Adverse Action taken against that PA. 31
E. A Participating State may take Adverse Action based on the factual 32
findings of a Remote State, provided that the Participating State follows its 33
own procedures for taking the Adverse Action. 34
F. Joint Investigations 35
1. In addition to the authority granted to a Participating State 36 SB101
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by its respective State PA laws and regulations or other applicable State 1
law, any Participating State may participate with other Participating States 2
in joint investigations of Licensees. 3
2. Participating States shall share any investigative, 4
litigation, or compliance materials in furtherance of any joint or individual 5
investigation initiated under this Compact. 6
G. If an Adverse Action is taken against a PA’s Qualifying License, 7
the PA’s Compact Privilege in all Remote States shall be deactivated until 8
two (2) years have elapsed after all restrictions have been removed from the 9
State License. All disciplinary orders by the Participating State which 10
issued the Qualifying License that impose Adverse Action against a PA’s 11
License shall include a Statement that the PA’s Compact Privilege is 12
deactivated in all Participating States during the pendency of the order. 13
H. If any Participating State takes Adverse Action, it promptly shall 14
notify the administrator of the Data System. 15
16
Section 7. Establishment of the PA Licensure Compact Commission 17
A. The Participating States hereby create and establish a joint 18
government agency and national administrative body known as the PA Licensure 19
Compact Commission. The Commission is an instrumentality of the Compact 20
States acting jointly and not an instrumentality of any one State. The 21
Commission shall come into existence on or after the effective date of the 22
Compact as set forth in Section 11.A. 23
B. Membership, Voting, and Meetings 24
1. Each Participating State shall have and be limited to one (1) 25
delegate selected by that Participating State’s Licensing Board or, if the 26
State has more than one Licensing Board, selected collectively by the 27
Participating State’s Licensing Boards. 28
2. The delegate shall be either: 29
a. A current PA, physician or public member of a Licensing 30
Board or PA Council/Committee; or 31
b. An administrator of a Licensing Board. 32
3. Any delegate may be removed or suspended from office as 33
provided by the laws of the State from which the delegate is appointed. 34
4. The Participating State Licensing Board shall fill any 35
vacancy occurring in the Commission within sixty (60) days. 36 SB101
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5. Each delegate shall be entitled to one (1) vote on all 1
matters voted on by the Commission and shall otherwise have an opportunity to 2
participate in the business and affairs of the Commission. A delegate shall 3
vote in person or by such other means as provided in the bylaws. The bylaws 4
may provide for delegates’ participation in meetings by telecommunications, 5
video conference, or other means of communication. 6
6. The Commission shall meet at least once during each calendar 7
year. Additional meetings shall be held as set forth in this Compact and the 8
bylaws. 9
7. The Commission shall establish by Rule a term of office for 10
delegates. 11
C. The Commission shall have the following powers and duties: 12
1. Establish a code of ethics for the Commission; 13
2. Establish the fiscal year of the Commission; 14
3. Establish fees; 15
4. Establish bylaws; 16
5. Maintain its financial records in accordance with the bylaws; 17
6. Meet and take such actions as are consistent with the 18
provisions of this Compact and the bylaws; 19
7. Promulgate Rules to facilitate and coordinate implementation 20
and administration of this Compact. The Rules shall have the force and effect 21
of law and shall be binding in all Participating States; 22
8. Bring and prosecute legal proceedings or actions in the name 23
of the Commission, provided that the standing of any State Licensing Board to 24
sue or be sued under applicable law shall not be affected; 25
9. Purchase and maintain insurance and bonds; 26
10. Borrow, accept, or contract for services of personnel, 27
including, but not limited to, employees of a Participating State; 28
11. Hire employees and engage contractors, elect or appoint 29
officers, fix compensation, define duties, grant such individuals appropriate 30
authority to carry out the purposes of this Compact, and establish the 31
Commission’s personnel policies and programs relating to conflicts of 32
interest, qualifications of personnel, and other related personnel matters; 33
12. Accept any and all appropriate donations and grants of 34
money, equipment, supplies, materials and services, and receive, utilize and 35
dispose of the same; provided that at all times the Commission shall avoid 36 SB101
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any appearance of impropriety or conflict of interest; 1
13. Lease, purchase, accept appropriate gifts or donations of, 2
or otherwise own, hold, improve or use, any property, real, personal or 3
mixed; provided that at all times the Commission shall avoid any appearance 4
of impropriety; 5
14. Sell, convey, mortgage, pledge, lease, exchange, abandon, or 6
otherwise dispose of any property real, personal, or mixed; 7
15. Establish a budget and make expenditures; 8
16. Borrow money; 9
17. Appoint committees, including standing committees composed 10
of members, State regulators, State legislators or their representatives, and 11
consumer representatives, and such other interested persons as may be 12
designated in this Compact and the bylaws; 13
18. Provide and receive information from, and cooperate with, 14
law enforcement agencies; 15
19. Elect a Chair, Vice Chair, Secretary and Treasurer and such 16
other officers of the Commission as provided in the Commission’s bylaws. 17
20. Reserve for itself, in addition to those reserved 18
exclusively to the Commission under the Compact, powers that the Executive 19
Committee may not exercise; 20
21. Approve or disapprove a State’s participation in the Compact 21
based upon its determination as to whether the State’s Compact legislation 22
departs in a material manner from the Model Compact language; 23
22. Prepare and provide to the Participating States an annual 24
report; and 25
23. Perform such other functions as may be necessary or 26
appropriate to achieve the purposes of this Compact consistent with the State 27
regulation of PA licensure and practice. 28
D. Meetings of the Commission 29
1. All meetings of the Commission that are not closed pursuant 30
to this subsection shall be open to the public. Notice of public meetings 31
shall be posted on the Commission’s website at least thirty (30) days prior 32
to the public meeting. 33
2. Notwithstanding subsection D.1 of this section, the 34
Commission may convene a public meeting by providing at least twenty -four 35
(24) hours prior notice on the Commission’s website, and any other means as 36 SB101
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provided in the Commission’s Rules, for any of the reasons it may dispense 1
with notice of proposed rulemaking under Section 9.L. 2
3. The Commission may convene in a closed, non -public meeting or 3
non-public part of a public meeting to receive legal advice or to discuss: 4
a. Non-compliance of a Participating State with its 5
obligations under this Compact; 6
b. The employment, compensation, discipline or other 7
matters, practices or procedures related to specific employees or other 8
matters related to the Commission’s internal personnel practices and 9
procedures; 10
c. Current, threatened, or reasonably anticipated 11
litigation; 12
d. Negotiation of contracts for the purchase, lease, or 13
sale of goods, services, or real estate; 14
e. Accusing any person of a crime or formally censuring 15
any person; 16
f. Disclosure of trade secrets or commercial or financial 17
information that is privileged or confidential; 18
g. Disclosure of information of a personal nature where 19
disclosure would constitute a clearly unwarranted invasion of personal 20
privacy; 21
h. Disclosure of investigative records compiled for law 22
enforcement purposes; 23
i. Disclosure of information related to any investigative 24
reports prepared by or on behalf of or for use of the Commission or other 25
committee charged with responsibility of investigation or determination of 26
compliance issues pursuant to this Compact; 27
j. Legal advice; or 28
k. Matters specifically exempted from disclosure by 29
federal or Participating States’ statutes. 30
4. If a meeting, or portion of a meeting, is closed pursuant to 31
this provision, the chair of the meeting or the chair’s designee shall 32
certify that the meeting or portion of the meeting may be closed and shall 33
reference each relevant exempting provision. 34
5. The Commission shall keep minutes that fully and clearly 35
describe all matters discussed in a meeting and shall provide a full and 36 SB101
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accurate summary of actions taken, including a description of the views 1
expressed. All documents considered in connection with an action shall be 2
identified in such minutes. All minutes and documents of a closed meeting 3
shall remain under seal, subject to release by a majority vote of the 4
Commission or order of a court of competent jurisdiction. 5
E. Financing of the Commission 6
1. The Commission shall pay, or provide for the payment of, the 7
reasonable expenses of its establishment, organization, and ongoing 8
activities. 9
2. The Commission may accept any and all appropriate revenue 10
sources, donations, and grants of money, equipment, supplies, materials, and 11
services. 12
3. The Commission may levy on and collect an annual assessment 13
from each Participating State and may impose Compact Privilege fees on 14
Licensees of Participating States to whom a Compact Privilege is granted to 15
cover the cost of the operations and activities of the Commission and its 16
staff, which must be in a total amount sufficient to cover its annual budget 17
as approved by the Commission each year for which revenue is not provided by 18
other sources. The aggregate annual assessment amount levied on Participating 19
States shall be allocated based upon a formula to be determined by Commission 20
Rule. 21
a. A Compact Privilege expires when the Licensee’s 22
Qualifying License in the Participating State from which the Licensee applied 23
for the Compact Privilege expires. 24
b. If the Licensee terminates the Qualifying License 25
through which the Licensee applied for the Compact Privilege before its 26
scheduled expiration, and the Licensee has a Qualifying License in another 27
Participating State, the Licensee shall inform the Commission that it is 28
changing to that Participating State the Participating State through which it 29
applies for a Compact Privilege and pay to the Commission any Compact 30
Privilege fee required by Commission Rule. 31
4. The Commission shall not incur obligations of any kind prior 32
to securing the funds adequate to meet the same; nor shall the Commission 33
pledge the credit of any of the Participating States, except by and with the 34
authority of the Participating State. 35
5. The Commission shall keep accurate accounts of all receipts 36 SB101
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and disbursements. The receipts and disbursements of the Commission shall be 1
subject to the financial review and accounting procedures established under 2
its bylaws. All receipts and disbursements of funds handled by the Commission 3
shall be subject to an annual financial review by a certified or licensed 4
public accountant, and the report of the financial review shall be included 5
in and become part of the annual report of the Commission. 6
F. The Executive Committee 7
1. The Executive Committee shall have the power to act on behalf 8
of the Commission according to the terms of this Compact and Commission 9
Rules. 10
2. The Executive Committee shall be composed of nine (9) 11
members: 12
a. Seven voting members who are elected by the Commission 13
from the current membership of the Commission; 14
b. One ex-officio, nonvoting member from a recognized 15
national PA professional association; and 16
c. One ex-officio, nonvoting member from a recognized 17
national PA certification organization. 18
3. The ex-officio members will be selected by their respective 19
organizations. 20
4. The Commission may remove any member of the Executive 21
Committee as provided in its bylaws. 22
5. The Executive Committee shall meet at least annually. 23
6. The Executive Committee shall have the following duties and 24
responsibilities: 25
a. Recommend to the Commission changes to the Commission’s 26
Rules or bylaws, changes to this Compact legislation, fees to be paid by 27
Compact Participating States such as annual dues, and any Commission Compact 28
fee charged to Licensees for the Compact Privilege; 29
b. Ensure Compact administration services are 30
appropriately provided, contractual or otherwise; 31
c. Prepare and recommend the budget; 32
d. Maintain financial records on behalf of the Commission; 33
e. Monitor Compact compliance of Participating States and 34
provide compliance reports to the Commission; 35
f. Establish additional committees as necessary; 36 SB101
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g. Exercise the powers and duties of the Commission during 1
the interim between Commission meetings, except for issuing proposed 2
rulemaking or adopting Commission Rules or bylaws, or exercising any other 3
powers and duties exclusively reserved to the Commission by the Commission’s 4
Rules; and 5
h. Perform other duties as provided in the Commission’s 6
Rules or bylaws. 7
7. All meeting of the Executive Committee at which it votes or 8
plans to vote on matters in exercising the powers and duties of the 9
Commission shall be open to the public and public notice of such meetings 10
shall be given as public meetings of the Commission are given. 11
8. The Executive Committee may convene in a closed, non -public 12
meeting for the same reasons that the Commission may convene in a non -public 13
meeting as set forth in Section 7.D.3 and shall announce the closed meeting 14
as the Commission is required to under Section 7.D.4 and keep minutes of the 15
closed meeting as the Commission is required to under Section 7.D.5. 16
G. Qualified Immunity, Defense, and Indemnification 17
1. The members, officers, executive director, employees and 18
representatives of the Commission shall be immune from suit and liability, 19
both personally and in their official capacity, for any claim for damage to 20
or loss of property or personal injury or other civil liability caused by or 21
arising out of any actual or alleged act, error, or omission that occurred, 22
or that the person against whom the claim is made had a reasonable basis for 23
believing occurred within the scope of Commission employment, duties or 24
responsibilities; provided that nothing in this paragraph shall be construed 25
to protect any such person from suit or liability for any damage, loss, 26
injury, or liability caused by the intentional or willful or wanton 27
misconduct of that person. The procurement of insurance of any type by the 28
Commission shall not in any way compromise or limit the immunity granted 29
hereunder. 30
2. The Commission shall defend any member, officer, executive 31
director, employee, and representative of the Commission in any civil action 32
seeking to impose liability arising out of any actual or alleged act, error, 33
or omission that occurred within the scope of Commission employment, duties, 34
or responsibilities, or as determined by the commission that the person 35
against whom the claim is made had a reasonable basis for believing occurred 36 SB101
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within the scope of Commission employment, duties, or responsibilities; 1
provided that nothing herein shall be construed to prohibit that person from 2
retaining their own counsel at their own expense; and provided further, that 3
the actual or alleged act, error, or omission did not result from that 4
person’s intentional or willful or wanton misconduct. 5
3. The Commission shall indemnify and hold harmless any member, 6
officer, executive director, employee, and representative of the Commission 7
for the amount of any settlement or judgment obtained against that person 8
arising out of any actual or alleged act, error, or omission that occurred 9
within the scope of Commission employment, duties, or responsibilities, or 10
that such person had a reasonable basis for believing occurred within the 11
scope of Commission employment, duties, or responsibilities, provided that 12
the actual or alleged act, error, or omission did not result from the 13
intentional or willful or wanton misconduct of that person. 14
4. Venue is proper and judicial proceedings by or against the 15
Commission shall be brought solely and exclusively in a court of competent 16
jurisdiction where the principal office of the Commission is located. The 17
Commission may waive venue and jurisdictional defenses in any proceedings as 18
authorized by Commission Rules. 19
5. Nothing herein shall be construed as a limitation on the 20
liability of any Licensee for professional malpractice or misconduct, which 21
shall be governed solely by any other applicable State laws. 22
6. Nothing herein shall be construed to designate the venue or 23
jurisdiction to bring actions for alleged acts of malpractice, professional 24
misconduct, negligence, or other such civil action pertaining to the practice 25
of a PA. All such matters shall be determined exclusively by State law other 26
than this Compact. 27
7. Nothing in this Compact shall be interpreted to waive or 28
otherwise abrogate a Participating State’s state action immunity or state 29
action affirmative defense with respect to antitrust claims under the Sherman 30
Act, Clayton Act, or any other State or federal antitrust or anticompetitive 31
law or regulation. 32
8. Nothing in this Compact shall be construed to be a waiver of 33
sovereign immunity by the Participating States or by the Commission. 34
35
Section 8. Data System 36 SB101
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A. The Commission shall provide for the development, maintenance, 1
operation, and utilization of a coordinated data and reporting system 2
containing licensure, Adverse Action, and the reporting of the existence of 3
Significant Investigative Information on all licensed PAs and applicants 4
denied a License in Participating States. 5
B. Notwithstanding any other State law to the contrary, a 6
Participating State shall submit a uniform data set to the Data System on all 7
PAs to whom this Compact is applicable (utilizing a unique identifier) as 8
required by the Rules of the Commission, including: 9
1. Identifying information; 10
2. Licensure data; 11
3. Adverse Actions against a License or Compact Privilege; 12
4. Any denial of application for licensure, and the reason(s) 13
for such denial (excluding the reporting of any Criminal history record 14
information where prohibited by law); 15
5. The existence of Significant Investigative Information; and 16
6. Other information that may facilitate the administration of 17
this Compact, as determined by the Rules of the Commission. 18
C. Significant Investigative Information pertaining to a Licensee in 19
any Participating State shall only be available to other Participating 20
States. 21
D. The Commission shall promptly notify all Participating States of 22
any Adverse Action taken against a Licensee or an individual applying for a 23
License that has been reported to it. This Adverse Action information shall 24
be available to any other Participating State. 25
E. Participating States contributing information to the Data System 26
may, in accordance with State or federal law, designate information that may 27
not be shared with the public without the express permission of the 28
contributing State. Notwithstanding any such designation, such information 29
shall be reported to the Commission through the Data System. 30
F. Any information submitted to the Data System that is subsequently 31
expunged pursuant to federal law or the laws of the Participating State 32
contributing the information shall be removed from the Data System upon 33
reporting of such by the Participating State to the Commission. 34
G. The records and information provided to a Participating State 35
pursuant to this Compact or through the Data System, when certified by the 36 SB101
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Commission or an agent thereof, shall constitute the authenticated business 1
records of the Commission, and shall be entitled to any associated hearsay 2
exception in any relevant judicial, quasi -judicial or administrative 3
proceedings in a Participating State. 4
5
Section 9. Rulemaking 6
A. The Commission shall exercise its Rulemaking powers pursuant to the 7
criteria set forth in this Section and the Rules adopted thereunder. 8
Commission Rules shall become binding as of the date specified by the 9
Commission for each Rule. 10
B. The Commission shall promulgate reasonable Rules in order to 11
effectively and efficiently implement and administer this Compact and achieve 12
its purposes. A Commission Rule shall be invalid and have not force or effect 13
only if a court of competent jurisdiction holds that the Rule is invalid 14
because the Commission exercised its rulemaking authority in a manner that is 15
beyond the scope of the purposes of this Compact, or the powers granted 16
hereunder, or based upon another applicable standard of review. 17
C. The Rules of the Commission shall have the force of law in each 18
Participating State, provided however that where the Rules of the Commission 19
conflict with the laws of the Participating State that establish the medical 20
services a PA may perform in the Participating State, as held by a court of 21
competent jurisdiction, the Rules of the Commission shall be ineffective in 22
that State to the extent of the conflict. 23
D. If a majority of the legislatures of the Participating States 24
rejects a Commission Rule, by enactment of a statute or resolution in the 25
same manner used to adopt this Compact within four (4) years of the date of 26
adoption of the Rule, then such Rule shall have no further force and effect 27
in any Participating State or to any State applying to participate in the 28
Compact. 29
E. Commission Rules shall be adopted at a regular or special meeting 30
of the Commission. 31
F. Prior to promulgation and adoption of a final Rule or Rules by the 32
Commission, and at least thirty (30) days in advance of the meeting at which 33
the Rule will be considered and voted upon, the Commission shall file a 34
Notice of Proposed Rulemaking: 35
1. On the website of the Commission or other publicly accessible 36 SB101
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platform; and 1
2. To persons who have requested notice of the Commission’s 2
notices of proposed rulemaking, and 3
3. In such other way(s) as the Commission may by Rule specify. 4
G. The Notice of Proposed Rulemaking shall include: 5
1. The time, date, and location of the public hearing on the 6
proposed Rule and the proposed time, date and location of the meeting in 7
which the proposed Rule will be considered and voted upon; 8
2. The text of the proposed Rule and the reason for the proposed 9
Rule; 10
3. A request for comments on the proposed Rule from any 11
interested person and the date by which written comments must be received; 12
and 13
4. The manner in which interested persons may submit notice to 14
the Commission of their intention to attend the public hearing or provide any 15
written comments. 16
H. Prior to adoption of a proposed Rule, the Commission shall allow 17
persons to submit written data, facts, opinions, and arguments, which shall 18
be made available to the public. 19
I. If the hearing is to be held via electronic means, the Commission 20
shall publish the mechanism for access to the electronic hearing. 21
1. All persons wishing to be heard at the hearing shall as 22
directed in the Notice of Proposed Rulemaking, not less than five (5) 23
business days before the scheduled date of the hearing, notify the Commission 24
of their desire to appear and testify at the hearing. 25
2. Hearings shall be conducted in a manner providing each person 26
who wishes to comment a fair and reasonable opportunity to comment orally or 27
in writing. 28
3. All hearings shall be recorded. A copy of the recording and 29
the written comments, data, facts, opinions, and arguments received in 30
response to the proposed rulemaking shall be made available to a person upon 31
request. 32
4. Nothing in this section shall be construed as requiring a 33
separate hearing on each proposed Rule. Proposed Rules may be grouped for the 34
convenience of the Commission at hearings required by this section. 35
J. Following the public hearing the Commission shall consider all 36 SB101
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written and oral comments timely received. 1
K. The Commission shall, by majority vote of all delegates, take final 2
action on the proposed Rule and shall determine the effective date of the 3
Rule, if adopted, based on the Rulemaking record and the full text of the 4
Rule. 5
1. If adopted, the Rule shall be posted on the Commission’s 6
website. 7
2. The Commission may adopt changes to the proposed Rule 8
provided the changes do not enlarge the original purpose of the proposed 9
Rule. 10
3. The Commission shall provide on its website an explanation of 11
the reasons for substantive changes made to the proposed Rule as well as 12
reasons for substantive changes not made that were recommended by commenters. 13
4. The Commission shall determine a reasonable effective date 14
for the Rule. Except for an emergency as provided in subsection L, the 15
effective date of the Rule shall be no sooner than thirty (30) days after the 16
Commission issued the notice that it adopted the Rule. 17
L. Upon determination that an emergency exists, the Commission may 18
consider and adopt an emergency Rule with twenty -four (24) hours prior 19
notice, without the opportunity for comment, or hearing, provided that the 20
usual rulemaking procedures provided in this Compact and in this section 21
shall be retroactively applied to the Rule as soon as reasonably possible, in 22
no event later than ninety (90) days after the effective date of the Rule. 23
For the purposes of this provision, an emergency Rule is one that must be 24
adopted immediately by the Commission in order to: 25
1. Meet an imminent threat to public health, safety, or welfare; 26
2. Prevent a loss of Commission or Participating State funds; 27
3. Meet a deadline for the promulgation of a Commission Rule 28
that is established by federal law or Rule; or 29
4. Protect public health and safety. 30
M. The Commission or an authorized committee of the Commission may 31
direct revisions to a previously adopted Commission Rule for purposes of 32
correcting typographical errors, errors in format, errors in consistency, or 33
grammatical errors. Public notice of any revisions shall be posted on the 34
website of the Commission. The revision shall be subject to challenge by any 35
person for a period of thirty (30) days after posting. The revision may be 36 SB101
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challenged only on grounds that the revision results in a material change to 1
a Rule. A challenge shall be made as set forth in the notice of revisions and 2
delivered to the Commission prior to the end of the notice period. If no 3
challenge is made, the revision will take effect without further action. If 4
the revision is challenged, the revision may not take effect without the 5
approval of the Commission. 6
N. No Participating State’s rulemaking requirements shall apply under 7
this Compact. 8
9
Section 10. Oversight, Dispute Resolution, and Enforcement 10
A. Oversight 11
1. The executive and judicial branches of State government in 12
each Participating State shall enforce this Compact and take all actions 13
necessary and appropriate to implement the Compact. 14
2. Venue is proper and judicial proceedings by or against the 15
Commission shall be brought solely and exclusively in a court of competent 16
jurisdiction where the principal office of the Commission is located. The 17
Commission may waive venue and jurisdictional defenses to the extent it 18
adopts or consents to participate in alternative dispute resolution 19
proceedings. Nothing herein shall affect or limit the selection or propriety 20
of venue in any action against a licensee for professional malpractice, 21
misconduct or any such similar matter. 22
3. The Commission shall be entitled to receive service of 23
process in any proceeding regarding the enforcement or interpretation of the 24
Compact or the Commission’s Rules and shall have standing to intervene in 25
such a proceeding for all purposes. Failure to provide the Commission with 26
service of process shall render a judgment or order in such proceeding void 27
as to the Commission, this Compact, or Commission Rules. 28
B. Default, Technical Assistance, and Termination 29
1. If the Commission determines that a Participating State has 30
defaulted in the performance of its obligations or responsibilities under 31
this Compact or the Commission Rules, the Commission shall provide written 32
notice to the defaulting State and other Participating States. The notice 33
shall describe the default, the proposed means of curing the default and any 34
other action that the Commission may take and shall offer remedial training 35
and specific technical assistance regarding the default. 36 SB101
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2. If a State in default fails to cure the default, the 1
defaulting State may be terminated from this Compact upon an affirmative vote 2
of a majority of the delegates of the Participating States, and all rights, 3
privileges and benefits conferred by this Compact upon such State may be 4
terminated on the effective date of termination. A cure of the default does 5
not relieve the offending State of obligations or liabilities incurred during 6
the period of default. 7
3. Termination of participation in this Compact shall be imposed 8
only after all other means of securing compliance have been exhausted. Notice 9
of intent to suspend or terminate shall be given by the Commission to the 10
governor, the majority and minority leaders of the defaulting State’s 11
legislature, and to the Licensing Board(s) of each of the Participating 12
States. 13
4. A State that has been terminated is responsible for all 14
assessments, obligations, and liabilities incurred through the effective date 15
of termination, including obligations that extend beyond the effective date 16
of termination. 17
5. The Commission shall not bear any costs related to a State 18
that is found to be in default or that has been terminated from this Compact, 19
unless agreed upon in writing between the Commission and the defaulting 20
State. 21
6. The defaulting State may appeal its termination from the 22
Compact by the Commission by petitioning the U.S. District Court for the 23
District of Columbia or the federal district where the Commission has its 24
principal offices. The prevailing member shall be awarded all costs of such 25
litigation, including reasonable attorney’s fees. 26
7. Upon the termination of a State’s participation in the 27
Compact, the State shall immediately provide notice to all Licensees within 28
that State of such termination: 29
a. Licensees who have been granted a Compact Privilege in 30
that State shall retain the Compact Privilege for one hundred eighty (180) 31
days following the effective date of such termination. 32
b. Licensees who are licensed in that State who have been 33
granted a Compact Privilege in a Participating State shall retain the Compact 34
Privilege for one hundred eighty (180) days unless the Licensee also has a 35
Qualifying License in a Participating State or obtains a Qualifying License 36 SB101
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in a Participating State before the one hundred eighty (180) -day period ends, 1
in which case the Compact Privilege shall continue. 2
C. Dispute Resolution 3
1. Upon request by a Participating State, the Commission shall 4
attempt to resolve disputes related to this Compact that arise among 5
Participating States and between participating and non -Participating States. 6
2. The Commission shall promulgate a Rule providing for both 7
mediation and binding dispute resolution for disputes as appropriate. 8
D. Enforcement 9
1. The Commission, in the reasonable exercise of its discretion, 10
shall enforce the provisions of this Compact and Rules of the Commission. 11
2. If compliance is not secured after all means to secure 12
compliance have been exhausted, by majority vote, the Commission may initiate 13
legal action in the United States District Court for the District of Columbia 14
or the federal district where the Commission has its principal offices, 15
against a Participating State in default to enforce compliance with the 16
provisions of this Compact and the Commission’s promulgated Rules and bylaws. 17
The relief sought may include both injunctive relief and damages. In the 18
event judicial enforcement is necessary, the prevailing party shall be 19
awarded all costs of such litigation, including reasonable attorney’s fees. 20
3. The remedies herein shall not be the exclusive remedies of 21
the Commission. The Commission may pursue any other remedies available under 22
federal or State law. 23
E. Legal Action Against the Commission 24
1. A Participating State may initiate legal action against the 25
Commission in the U.S. District Court for the District of Columbia or the 26
federal district where the Commission has its principal offices to enforce 27
compliance with the provisions of the Compact and its Rules. The relief 28
sought may include both injunctive relief and damages. In the event judicial 29
enforcement is necessary, the prevailing party shall be awarded all costs of 30
such litigation, including reasonable attorney’s fees. 31
2. No person other than a Participating State shall enforce this 32
Compact against the Commission. 33
34
Section 11. Date of Implementation of the PA Licensure Compact Commission 35
A. This Compact shall come into effect on the date on which this 36 SB101
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Compact statute is enacted into law in the seventh Participating State. 1
1. On or after the effective date of the Compact, the Commission 2
shall convene and review the enactment of each of the States that enacted the 3
Compact prior to the Commission convening (“Charter Participating States”) to 4
determine if the statute enacted by each such Charter Participating State is 5
materially different than the Model Compact. 6
a. A Charter Participating State whose enactment is found 7
to be materially different from the Model Compact shall be entitled to the 8
default process set forth in Section 10.B. 9
b. If any Participating State later withdraws from the 10
Compact or its participation is terminated, the Commission shall remain in 11
existence and the Compact shall remain in effect even if the number of 12
Participating States should be less than seven. Participating States enacting 13
the Compact subsequent to the Commission convening shall be subject to the 14
process set forth in Section 7.C.21 to determine if their enactments are 15
materially different from the Model Compact and whether they qualify for 16
participation in the Compact. 17
2. Participating States enacting the Compact subsequent to the 18
seven initial Charter Participating States shall be subject to the process 19
set forth in Section 7.C.21 to determine if their enactments are materially 20
different from the Model Compact and whether they qualify for participation 21
in the Compact. 22
3. All actions taken for the benefit of the Commission or in 23
furtherance of the purposes of the administration of the Compact prior to the 24
effective date of the Compact or the Commission coming into existence shall 25
be considered to be actions of the Commission unless specifically repudiated 26
by the Commission. 27
B. Any State that joins this Compact shall be subject to the 28
Commission’s Rules and bylaws as they exist on the date on which this Compact 29
becomes law in that State. Any Rule that has been previously adopted by the 30
Commission shall have the full force and effect of law on the day this 31
Compact becomes law in that State. 32
C. Any Participating State may withdraw from this Compact by enacting 33
a statute repealing the same. 34
1. A Participating State’s withdrawal shall not take effect 35
until one hundred eighty (180) days after enactment of the repealing statute. 36 SB101
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During this one hundred eighty (180) day -period, all Compact Privileges that 1
were in effect in the withdrawing State and were granted to Licensees 2
licensed in the withdrawing State shall remain in effect. If any Licensee 3
licensed in the withdrawing State is also licensed in another Participating 4
State or obtains a license in another Participating State within the one 5
hundred eighty (180) days, the Licensee’s Compact Privileges in other 6
Participating States shall not be affected by the passage of the one hundred 7
eighty (180) days. 8
2. Withdrawal shall not affect the continuing requirement of the 9
State Licensing Board(s) of the withdrawing State to comply with the 10
investigative, and Adverse Action reporting requirements of this Compact 11
prior to the effective date of withdrawal. 12
3. Upon the enactment of a statute withdrawing a State from this 13
Compact, the State shall immediately provide notice of such withdrawal to all 14
Licensees within that State. Such withdrawing State shall continue to 15
recognize all licenses granted pursuant to this Compact for a minimum of one 16
hundred eighty (180) days after the date of such notice of withdrawal. 17
D. Nothing contained in this Compact shall be construed to invalidate 18
or prevent any PA licensure agreement or other cooperative arrangement 19
between Participating States and between a Participating State and non -20
Participating State that does not conflict with the provisions of this 21
Compact. 22
E. This Compact may be amended by the Participating States. No 23
amendment to this Compact shall become effective and binding upon any 24
Participating State until it is enacted materially in the same manner into 25
the laws of all Participating States as determined by the Commission. 26
27
Section 12. Construction and Severability 28
A. This Compact and the Commission’s rulemaking authority shall be 29
liberally construed so as to effectuate the purposes, and the implementation 30
and administration of the Compact. Provisions of the Compact expressly 31
authorizing or requiring the promulgation of Rules shall not be construed to 32
limit the Commission’s rulemaking authority solely for those purposes. 33
B. The provisions of this Compact shall be severable and if any 34
phrase, clause, sentence or provision of this Compact is held by a court of 35
competent jurisdiction to be contrary to the constitution of any 36 SB101
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Participating State, a State seeking participation in the Compact, or of the 1
United States, or the applicability thereof to any government, agency, person 2
or circumstance is held to be unconstitutional by a court of competent 3
jurisdiction, the validity of the remainder of this Compact and the 4
applicability thereof to any other government, agency, person or circumstance 5
shall not be affected thereby. 6
C. Notwithstanding subsection B or this section, the Commission may 7
deny a State’s participation in the Compact or, in accordance with the 8
requirements of Section 10.B, terminate a Participating State’s participation 9
in the Compact, if it determines that a constitutional requirement of a 10
Participating State is, or would be with respect to a State seeking to 11
participate in the Compact, a material departure from the Compact. 12
Otherwise, if this Compact shall be held to be contrary to the constitution 13
of any Participating State, the Compact shall remain in full force and effect 14
as to the remaining Participating States and in full force and effect as to 15
the Participating State affected as to all severable matters. 16
17
Section 13. Binding Effect of Compact 18
A. Nothing herein prevents the enforcement of any other law of a 19
Participating State that is not inconsistent with this Compact. 20
B. Any laws in a Participating State in conflict with this Compact are 21
superseded to the extent of the conflict. 22
C. All agreements between the Commission and the Participating States 23
are binding in accordance with their terms. 24
25
17-105-202. Administration of compact — Rules. 26
(a) The Arkansas State Medical Board is the Physician Assistant 27
Licensure Compact administrator for this state. 28
(b)(1) The board shall promulgate rules necessary to implement this 29
subchapter. 30
(2) Rules promulgated by the board under subdivision (b)(1) of 31
this section shall be consistent with the Physician Assistant Licensure 32
Compact necessary to implement this subchapter. 33
(c) The board is not required to adopt the rules of the Physician 34
Assistant Licensure Compact Commission for those rules to be effective in 35
this state. 36 SB101
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1
SECTION 2. DO NOT CODIFY. Initial rules. 2
(a) The Arkansas State Medical Board shall promulgate rules necessary 3
to implement this act. 4
(b) When adopting the initial rules to implement this act, the final 5
rules shall be filed with the Secretary of State for adoption under § 25 -15-6
204(f): 7
(1) On or before January 1, 2026; or 8
(2) If approval under § 10 -3-309 has not occurred by January 1, 9
2025, as soon as practicable after approval under § 10 -3-309. 10
(c) The board shall file the proposed rule with the Legislative 11
Council under § 10-3-309(c) sufficiently in advance of January 1, 2026, so 12
that the Legislative Council may consider the rule for approval before 13
January 1, 2026. 14
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