Colorado Senate Bill SB018 Introduced / Bill

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 24-0461.01 Josh Schultz x5486
SENATE BILL 24-018
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING THE ENACTMENT OF THE "PHYSICIAN ASSISTANT101
L
ICENSURE COMPACT".102
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill enacts the "Physician Assistant Licensure Compact"
(compact). The compact is designed to enable a physician assistant with
a license in a state that has signed the compact (participating state) to
more easily become authorized to practice in any other participating state.
Participating states and physician assistants must meet specific
conditions enumerated in the compact to participate in the compact. The
SENATE SPONSORSHIP
Simpson and Michaelson Jenet,
HOUSE SPONSORSHIP
Amabile and Winter T.,
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. compact allows only the participating state where a physician assistant is
licensed to discipline the physician assistant, but allows a participating
state where the physician assistant is practicing, but is not licensed, to
revoke the physician assistant's authority to practice in that state. 
The bill authorizes the Colorado medical board (board) to
promulgate rules and to facilitate Colorado's participation in the compact,
including notifying the Compact Commission (commission) established
by the compact of any adverse action taken by the board against a
physician assistant licensed in Colorado or practicing in Colorado under
the compact. The commission includes a delegate from each participating
state and has the powers and duties set forth in the bill.
The compact becomes effective on the date the compact is enacted
in the seventh participating state.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 45 to article2
60 of title 24 as follows:3
PART 454
PHYSICIAN ASSISTANT LICENSURE COMPACT5
24-60-4501.  Short title. T
HE SHORT TITLE OF THIS PART 45 IS THE6
"P
HYSICIAN ASSISTANT LICENSURE COMPACT".7
24-60-4502.  Compact approved and ratified. T
HE GENERAL8
ASSEMBLY APPROVES AND RATIFIES , AND THE GOVERNOR SHALL ENTER9
INTO, A COMPACT ON BEHALF OF THE STATE OF COLORADO AND ANY OF10
THE UNITED STATES OR OTHER JURISDICTIONS LEGALLY JOINING THE11
COMPACT IN THE FORM SUBSTANTIALLY AS FOLLOWS :12
Section 1.  Purpose13
I
N ORDER TO STRENGTHEN ACCESS TO MEDICAL SERVICES, AND IN14
RECOGNITION OF ADVANCES IN THE DELIVERY OF MEDICAL SERVICES, THE15
P
ARTICIPATING STATES OF THE PA LICENSURE COMPACT HAVE ALLIED IN16
COMMON PURPOSE TO DEVELOP A COMPREHENSIVE PROCESS THAT17
COMPLEMENTS THE EXISTING AUTHORITY OF STATE LICENSING BOARDS18
SB24-018-2- TO LICENSE AND DISCIPLINE PAS AND SEEKS TO ENHANCE THE1
PORTABILITY OF A LICENSE TO PRACTICE AS A PA WHILE SAFEGUARDING2
THE SAFETY OF PATIENTS. THIS COMPACT ALLOWS MEDICAL SERVICES TO3
BE PROVIDED BY PAS, VIA THE MUTUAL RECOGNITION OF THE LICENSEE'S4
Q
UALIFYING LICENSE BY OTHER COMPACT PARTICIPATING STATES. THIS5
C
OMPACT ALSO ADOPTS THE PREVAILING STANDARD FOR PA LICENSURE6
AND AFFIRMS THAT THE PRACTICE AND DELIVERY OF MEDICAL SERVICES7
BY THE PA OCCURS WHERE THE PATIENT IS LOCATED AT THE TIME OF THE8
PATIENT ENCOUNTER, AND THEREFORE REQUIRES THE PA TO BE UNDER9
THE JURISDICTION OF THE STATE LICENSING BOARD WHERE THE PATIENT10
IS LOCATED. STATE LICENSING BOARDS THAT PARTICIPATE IN THIS11
C
OMPACT RETAIN THE JURISDICTION TO IMPOSE ADVERSE ACTION12
AGAINST A COMPACT PRIVILEGE IN THAT STATE ISSUED TO A PA THROUGH13
THE PROCEDURES OF THIS COMPACT. THE PA LICENSURE COMPACT WILL14
ALLEVIATE BURDENS FOR MILITARY FAMILIES BY ALLOWING ACTIVE DUTY15
MILITARY PERSONNEL AND THEIR SPOUSES TO OBTAIN A COMPACT16
P
RIVILEGE BASED ON HAVING AN UNRESTRICTED LICENSE IN GOOD17
STANDING FROM A PARTICIPATING STATE.18
Section 2.  Definitions19
I
N THIS COMPACT:20
A. "A
DVERSE ACTION" MEANS ANY ADMINISTRATIVE , CIVIL,21
EQUITABLE, OR CRIMINAL ACTION PERMITTED BY A STATE'S LAWS22
WHICH IS IMPOSED BY A LICENSING BOARD OR OTHER AUTHORITY23
AGAINST A PA LICENSE OR LICENSE APPLICATION OR COMPACT24
P
RIVILEGE SUCH AS LICENSE DENIAL, CENSURE, REVOCATION,25
SUSPENSION, PROBATION, MONITORING OF THE LICENSEE, OR26
RESTRICTION ON THE LICENSEE'S PRACTICE.27
SB24-018
-3- B. "COMPACT PRIVILEGE" MEANS THE AUTHORIZATION GRANTED BY1
A REMOTE STATE TO ALLOW A LICENSEE FROM ANOTHER2
P
ARTICIPATING STATE TO PRACTICE AS A PA TO PROVIDE MEDICAL3
S
ERVICES AND OTHER LICENSED ACTIVITY TO A PATIENT LOCATED4
IN THE REMOTE STATE UNDER THE REMOTE STATE'S LAWS AND5
REGULATIONS.6
C. "C
ONVICTION" MEANS A FINDING BY A COURT THAT AN INDIVIDUAL7
IS GUILTY OF A FELONY OR MISDEMEANOR OFFENSE THROUGH8
ADJUDICATION OR ENTRY OF A PLEA OF GUILT OR NO CONTEST TO9
THE CHARGE BY THE OFFENDER .10
D. "C
RIMINAL BACKGROUND CHECK" MEANS THE SUBMISSION OF11
FINGERPRINTS OR OTHER BIOMETRIC -BASED INFORMATION FOR A12
L
ICENSE APPLICANT FOR THE PURPOSE OF OBTAINING THAT13
APPLICANT'S CRIMINAL HISTORY RECORD INFORMATION , AS14
DEFINED IN 28 CFR 20.3 (d), FROM THE STATE'S CRIMINAL HISTORY15
RECORD REPOSITORY AS DEFINED IN 28 CFR 20.3 (f).16
E. "D
ATA SYSTEM" MEANS THE REPOSITORY OF INFORMATION ABOUT17
L
ICENSEES, INCLUDING BUT NOT LIMITED TO LICENSE STATUS AND18
A
DVERSE ACTIONS, WHICH IS CREATED AND ADMINISTERED UNDER19
THE TERMS OF THIS COMPACT.20
F. "E
XECUTIVE COMMITTEE" MEANS A GROUP OF DIRECTORS AND EX21
OFFICIO INDIVIDUALS ELECTED OR APPOINTED PURSUANT TO22
S
ECTION 7.F.2.23
G. "I
MPAIRED PRACTITIONER" MEANS A PA WHOSE PRACTICE IS24
ADVERSELY AFFECTED BY HEALTH -RELATED CONDITION(S) THAT25
IMPACT THEIR ABILITY TO PRACTICE.26
H. "I
NVESTIGATIVE INFORMATION" MEANS INFORMATION, RECORDS,27
SB24-018
-4- OR DOCUMENTS RECEIVED OR GENERATED BY A LICENSING BOARD1
PURSUANT TO AN INVESTIGATION .2
I. "J
URISPRUDENCE REQUIREMENT" MEANS THE ASSESSMENT OF AN3
INDIVIDUAL'S KNOWLEDGE OF THE LAWS AND RULES GOVERNING4
THE PRACTICE OF A PA IN A STATE.5
J. "L
ICENSE" MEANS CURRENT AUTHORIZATION BY A STATE, OTHER6
THAN AUTHORIZATION PURSUANT TO A COMPACT PRIVILEGE, FOR7
A PA TO PROVIDE MEDICAL SERVICES, WHICH WOULD BE8
UNLAWFUL WITHOUT CURRENT AUTHORIZATION .9
K. "L
ICENSEE" MEANS AN INDIVIDUAL WHO HOLDS A LICENSE FROM10
A STATE TO PROVIDE MEDICAL SERVICES AS A PA.11
L. "L
ICENSING BOARD" MEANS ANY STATE ENTITY AUTHORIZED TO12
LICENSE AND OTHERWISE REGULATE PAS.13
M. "M
EDICAL SERVICES" MEANS HEALTH CARE SERVICES PROVIDED14
FOR THE DIAGNOSIS, PREVENTION, TREATMENT, CURE, OR RELIEF OF15
A HEALTH CONDITION, INJURY, OR DISEASE, AS DEFINED BY A16
S
TATE'S LAWS AND REGULATIONS.17
N. "M
ODEL COMPACT" MEANS THE MODEL FOR THE PA LICENSURE18
C
OMPACT ON FILE WITH THE COUNCIL OF STATE GOVERNMENTS OR19
OTHER ENTITY AS DESIGNATED BY THE COMMISSION.20
O. "P
ARTICIPATING STATE" MEANS A STATE THAT HAS ENACTED THIS21
C
OMPACT.22
P. "PA"
 MEANS AN INDIVIDUAL WHO IS LICENSED AS A PHYSICIAN23
ASSISTANT IN A STATE. FOR PURPOSES OF THIS COMPACT, ANY24
OTHER TITLE OR STATUS ADOPTED BY A STATE TO REPLACE THE25
TERM "PHYSICIAN ASSISTANT" SHALL BE DEEMED SYNONYMOUS26
WITH "PHYSICIAN ASSISTANT" AND SHALL CONFER THE SAME27
SB24-018
-5- RIGHTS AND RESPONSIBILITIES TO THE LICENSEE UNDER THE1
PROVISIONS OF THIS COMPACT AT THE TIME OF ITS ENACTMENT .2
Q. "PA
 LICENSURE COMPACT COMMISSION," "COMPACT3
C
OMMISSION," OR "COMMISSION" MEANS THE NATIONAL4
ADMINISTRATIVE BODY CREATED PURSUANT TO SECTION 7.A OF5
THIS COMPACT.6
R. "Q
UALIFYING LICENSE" MEANS AN UNRESTRICTED LICENSE ISSUED7
BY A PARTICIPATING STATE TO PROVIDE MEDICAL SERVICES AS A8
PA.9
S. "R
EMOTE STATE" MEANS A PARTICIPATING STATE WHERE A10
L
ICENSEE WHO IS NOT LICENSED AS A PA IS EXERCISING OR11
SEEKING TO EXERCISE THE COMPACT PRIVILEGE.12
T. "R
ULE" MEANS A REGULATION PROMULGATED BY AN ENTITY THAT13
HAS THE FORCE AND EFFECT OF LAW.14
U. "S
IGNIFICANT INVESTIGATIVE INFORMATION" MEANS15
I
NVESTIGATIVE INFORMATION THAT A LICENSING BOARD, AFTER16
AN INQUIRY OR INVESTIGATION THAT INCLUDES NOTIFICATION AND17
AN OPPORTUNITY FOR THE PA TO RESPOND IF REQUIRED BY STATE18
LAW, HAS REASON TO BELIEVE IS NOT GROUNDLESS AND, IF PROVEN19
TRUE, WOULD INDICATE MORE THAN A MINOR INFRACTION .20
V. "S
TATE" MEANS ANY STATE , COMMONWEALTH , DISTRICT, OR21
TERRITORY OF THE UNITED STATES.22
Section 3.  State Participation in this Compact23
A. T
O PARTICIPATE IN THIS COMPACT, A PARTICIPATING STATE SHALL:24
1. L
ICENSE PAS;25
2. P
ARTICIPATE IN THE COMPACT COMMISSION'S DATA26
S
YSTEM;27
SB24-018
-6- 3. HAVE A MECHANISM IN PLACE FOR RECEIVING AND1
INVESTIGATING COMPLAINTS AGAINST LICENSEES AND2
L
ICENSE APPLICANTS;3
4. N
OTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS4
OF THIS COMPACT AND COMMISSION RULES, OF ANY5
A
DVERSE ACTION AGAINST A LICENSEE OR LICENSE6
APPLICANT AND THE EXISTENCE OF SIGNIFICANT7
I
NVESTIGATIVE INFORMATION REGARDING A LICENSEE OR8
L
ICENSE APPLICANT;9
5. F
ULLY IMPLEMENT A CRIMINAL BACKGROUND CHECK10
REQUIREMENT, WITHIN A TIME FRAME ESTABLISHED BY11
C
OMMISSION RULE, BY ITS LICENSING BOARD RECEIVING12
THE RESULTS OF A CRIMINAL BACKGROUND CHECK AND13
REPORTING TO THE COMMISSION WHETHER THE LICENSE14
APPLICANT HAS BEEN GRANTED A LICENSE;15
6. C
OMPLY WITH THE RULES OF THE COMPACT COMMISSION;16
7. U
TILIZE PASSAGE OF A RECOGNIZED NATIONAL EXAM SUCH17
AS THE NATIONAL COMMISSION ON CERTIFICATION OF18
P
HYSICIAN ASSISTANTS PHYSICIAN ASSISTANT NATIONAL19
C
ERTIFYING EXAMINATION AS A REQUIREMENT FOR PA20
LICENSURE;21
8. G
RANT THE COMPACT PRIVILEGE TO A HOLDER OF A22
Q
UALIFYING LICENSE IN A PARTICIPATING STATE.23
B. N
OTHING IN THIS COMPACT PROHIBITS A PARTICIPATING STATE24
FROM CHARGING A FEE FOR GRANTING THE COMPACT PRIVILEGE.25
Section 4.  Compact Privilege26
A. T
O EXERCISE THE COMPACT PRIVILEGE, A LICENSEE MUST:27
SB24-018
-7- 1. HAVE GRADUATED FROM A PA PROGRAM ACCREDITED BY1
THE ACCREDITATION REVIEW COMMISSION ON EDUCATION2
FOR THE PHYSICIAN ASSISTANT, INC., OR OTHER PROGRAMS3
AUTHORIZED BY COMMISSION RULE;4
2. H
OLD CURRENT NATIONAL COMMISSION ON CERTIFICATION5
OF PHYSICIAN ASSISTANTS CERTIFICATION;6
3. H
AVE NO FELONY OR MISDEMEANOR CONVICTION;7
4. H
AVE NEVER HAD A CONTROLLED SUBSTANCE LICENSE ,8
PERMIT, OR REGISTRATION SUSPENDED OR REVOKED BY A9
S
TATE OR BY THE UNITED STATES DRUG ENFORCEMENT10
A
DMINISTRATION;11
5. H
AVE A UNIQUE IDENTIFIER AS DETERMINED BY12
C
OMMISSION RULE;13
6. H
OLD A QUALIFYING LICENSE;14
7. H
AVE HAD NO REVOCATION OF A LICENSE OR LIMITATION15
OR RESTRICTION ON ANY LICENSE CURRENTLY HELD DUE TO16
AN ADVERSE ACTION;17
8. I
F A LICENSEE HAS HAD A LIMITATION OR RESTRICTION ON18
A LICENSE OR COMPACT PRIVILEGE DUE TO AN ADVERSE19
A
CTION, TWO YEARS MUST HAVE ELAPSED FROM THE DATE20
ON WHICH THE LICENSE OR COMPACT PRIVILEGE IS NO21
LONGER LIMITED OR RESTRICTED DUE TO THE ADVERSE22
A
CTION;23
9. I
F A COMPACT PRIVILEGE HAS BEEN REVOKED OR IS LIMITED24
OR RESTRICTED IN A PARTICIPATING STATE FOR CONDUCT25
THAT WOULD NOT BE A BASIS FOR DISCIPLINARY ACTION IN26
A PARTICIPATING STATE IN WHICH THE LICENSEE IS27
SB24-018
-8- PRACTICING OR APPLYING TO PRACTICE UNDER A COMPACT1
P
RIVILEGE, THAT PARTICIPATING STATE SHALL HAVE THE2
DISCRETION NOT TO CONSIDER SUCH ACTION AS AN3
A
DVERSE ACTION REQUIRING THE DENIAL OR REMOVAL OF4
A COMPACT PRIVILEGE IN THAT STATE; 5
10. N
OTIFY THE COMPACT COMMISSION THAT THE LICENSEE IS6
SEEKING THE COMPACT PRIVILEGE IN A REMOTE STATE;7
11. M
EET ANY JURISPRUDENCE REQUIREMENT OF A REMOTE8
S
TATE IN WHICH THE LICENSEE IS SEEKING TO PRACTICE9
UNDER THE COMPACT PRIVILEGE AND PAY ANY FEES10
APPLICABLE TO SATISFYING THE JURISPRUDENCE11
R
EQUIREMENT;12
12. R
EPORT TO THE COMMISSION ANY ADVERSE ACTION TAKEN13
BY A NON-PARTICIPATING STATE WITHIN THIRTY (30) DAYS14
AFTER THE ACTION IS TAKEN.15
B. T
HE COMPACT PRIVILEGE IS VALID UNTIL THE EXPIRATION OR16
REVOCATION OF THE QUALIFYING LICENSE UNLESS TERMINATED17
PURSUANT TO AN ADVERSE ACTION. THE LICENSEE MUST ALSO18
COMPLY WITH ALL OF THE REQUIREMENTS OF SUBSECTION A OF19
THIS SECTION TO MAINTAIN THE COMPACT PRIVILEGE IN A REMOTE20
S
TATE. IF THE PARTICIPATING STATE TAKES ADVERSE ACTION21
AGAINST A QUALIFYING LICENSE, THE LICENSEE SHALL LOSE THE22
C
OMPACT PRIVILEGE IN ANY REMOTE STATE IN WHICH THE23
L
ICENSEE HAS A COMPACT PRIVILEGE UNTIL ALL OF THE24
FOLLOWING OCCUR:25
1. T
HE LICENSE IS NO LONGER LIMITED OR RESTRICTED; AND26
2. T
WO (2) YEARS HAVE ELAPSED FROM THE DATE ON WHICH27
SB24-018
-9- THE LICENSE IS NO LONGER LIMITED OR RESTRICTED DUE TO1
THE ADVERSE ACTION.2
C. O
NCE A RESTRICTED OR LIMITED LICENSE SATISFIES THE3
REQUIREMENTS OF SUBSECTIONS B.1 AND B.2 OF THIS SECTION,4
THE LICENSEE MUST MEET THE REQUIREMENTS OF SUBSECTION A5
OF THIS SECTION TO OBTAIN A COMPACT PRIVILEGE IN ANY6
R
EMOTE STATE.7
D. F
OR EACH REMOTE STATE IN WHICH A PA SEEKS AUTHORITY TO8
PRESCRIBE CONTROLLED SUBSTANCES , THE PA SHALL SATISFY ALL9
REQUIREMENTS IMPOSED BY SUCH STATE IN GRANTING OR10
RENEWING SUCH AUTHORITY .11
Section 5.  Designation of the State from Which Licensee is12
Applying for a Compact Privilege13
A. U
PON A LICENSEE'S APPLICATION FOR A COMPACT PRIVILEGE, THE14
L
ICENSEE SHALL IDENTIFY TO THE COMMISSION THE15
P
ARTICIPATING STATE FROM WHICH THE LICENSEE IS APPLYING, IN16
ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE17
C
OMMISSION, AND SUBJECT TO THE FOLLOWING REQUIREMENTS :18
1. W
HEN APPLYING FOR A COMPACT PRIVILEGE, THE LICENSEE19
SHALL PROVIDE THE COMMISSION WITH THE ADDRESS OF20
THE LICENSEE'S PRIMARY RESIDENCE AND THEREAFTER21
SHALL IMMEDIATELY REPORT TO THE COMMISSION ANY22
CHANGE IN THE ADDRESS OF THE LICENSEE'S PRIMARY23
RESIDENCE.24
2. W
HEN APPLYING FOR A COMPACT PRIVILEGE, THE LICENSEE25
IS REQUIRED TO CONSENT TO ACCEPT SERVICE OF PROCESS26
BY MAIL AT THE LICENSEE'S PRIMARY RESIDENCE ON FILE27
SB24-018
-10- WITH THE COMMISSION WITH RESPECT TO ANY ACTION1
BROUGHT AGAINST THE LICENSEE BY THE COMMISSION OR2
A PARTICIPATING STATE, INCLUDING A SUBPOENA, WITH3
RESPECT TO ANY ACTION BROUGHT OR INVESTIGATION4
CONDUCTED BY THE COMMISSION OR A PARTICIPATING5
S
TATE.6
Section 6.  Adverse Actions7
A. A
 PARTICIPATING STATE IN WHICH A LICENSEE IS LICENSED SHALL8
HAVE EXCLUSIVE POWER TO IMPOSE ADVERSE ACTION AGAINST9
THE QUALIFYING LICENSE ISSUED BY THAT PARTICIPATING STATE.10
B. I
N ADDITION TO THE OTHER POWERS CONFERRED BY STATE LAW, A11
R
EMOTE STATE SHALL HAVE THE AUTHORITY , IN ACCORDANCE12
WITH EXISTING STATE DUE PROCESS LAW , TO DO ALL OF THE13
FOLLOWING:14
1. T
AKE ADVERSE ACTION AGAINST A PA'S COMPACT15
P
RIVILEGE WITHIN THAT STATE TO REMOVE A LICENSEE'S16
C
OMPACT PRIVILEGE OR TAKE OTHER ACTION NECESSARY17
UNDER APPLICABLE LAW TO PROTECT THE HEALTH AND18
SAFETY OF ITS CITIZENS.19
2. I
SSUE SUBPOENAS FOR BOTH HEARINGS AND20
INVESTIGATIONS THAT REQUIRE THE ATTENDANCE AND21
TESTIMONY OF WITNESSES AS WELL AS THE PRODUCTION OF22
EVIDENCE. SUBPOENAS ISSUED BY A LICENSING BOARD IN23
A PARTICIPATING STATE FOR THE ATTENDANCE AND24
TESTIMONY OF WITNESSES OR THE PRODUCTION OF25
EVIDENCE FROM ANOTHER PARTICIPATING STATE SHALL BE26
ENFORCED IN THE LATTER STATE BY ANY COURT OF27
SB24-018
-11- COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE1
AND PROCEDURE OF THAT COURT APPLICABLE TO2
SUBPOENAS ISSUED IN PROCEEDINGS PENDING BEFORE IT .3
T
HE ISSUING AUTHORITY SHALL PAY ANY WITNESS FEES ,4
TRAVEL EXPENSES, MILEAGE, AND OTHER FEES REQUIRED BY5
THE SERVICE STATUTES OF THE STATE IN WHICH THE6
EVIDENCE OR WITNESSES ARE LOCATED .7
3. N
OTWITHSTANDING SUBSECTION A.2 OF THIS SECTION,8
SUBPOENAS MAY NOT BE ISSUED BY A PARTICIPATING9
S
TATE TO GATHER EVIDENCE OF CONDUCT IN ANOTHER10
S
TATE THAT IS LAWFUL IN THAT OTHER STATE FOR THE11
PURPOSE OF TAKING ADVERSE ACTION AGAINST A12
L
ICENSEE'S COMPACT PRIVILEGE OR APPLICATION FOR A13
C
OMPACT PRIVILEGE IN THAT PARTICIPATING STATE.14
4. N
OTHING IN THIS COMPACT AUTHORIZES A PARTICIPATING15
S
TATE TO IMPOSE DISCIPLINE AGAINST A PA'S COMPACT16
P
RIVILEGE OR TO DENY AN APPLICATION FOR A COMPACT17
P
RIVILEGE IN THAT PARTICIPATING STATE FOR THE18
INDIVIDUAL'S OTHERWISE LAWFUL PRACTICE IN ANOTHER19
S
TATE.20
C. F
OR PURPOSES OF TAKING ADVERSE ACTION, THE PARTICIPATING21
S
TATE WHICH ISSUED THE QUALIFYING LICENSE SHALL GIVE THE22
SAME PRIORITY AND EFFECT TO REPORTED CONDUCT RECEIVED23
FROM ANY OTHER PARTICIPATING STATE AS IT WOULD IF THE24
CONDUCT HAD OCCURRED WITHIN THE PARTICIPATING STATE25
WHICH ISSUED THE QUALIFYING LICENSE. IN SO DOING, THAT26
P
ARTICIPATING STATE SHALL APPLY ITS OWN STATE LAWS TO27
SB24-018
-12- DETERMINE APPROPRIATE ACTION .1
D. A
 PARTICIPATING STATE, IF OTHERWISE PERMITTED BY STATE LAW,2
MAY RECOVER FROM THE AFFECTED PA THE COSTS OF3
INVESTIGATIONS AND DISPOSITION OF CASES RESULTING FROM ANY4
A
DVERSE ACTION TAKEN AGAINST THAT PA.5
E. A
 PARTICIPATING STATE MAY TAKE ADVERSE ACTION BASED ON6
THE FACTUAL FINDINGS OF A REMOTE STATE, PROVIDED THAT THE7
P
ARTICIPATING STATE FOLLOWS ITS OWN PROCEDURES FOR TAKING8
THE ADVERSE ACTION.9
F. J
OINT INVESTIGATIONS10
1. I
N ADDITION TO THE AUTHORITY GRANTED TO A11
P
ARTICIPATING STATE BY ITS RESPECTIVE STATE PA LAWS12
AND REGULATIONS OR OTHER APPLICABLE STATE LAW, ANY13
P
ARTICIPATING STATE MAY PARTICIPATE WITH OTHER14
P
ARTICIPATING STATES IN JOINT INVESTIGATIONS OF15
L
ICENSEES.16
2. P
ARTICIPATING STATES SHALL SHARE ANY INVESTIGATIVE ,17
LITIGATION, OR COMPLIANCE MATERIALS IN FURTHERANCE18
OF ANY JOINT OR INDIVIDUAL INVESTIGATION INITIATED19
UNDER THIS COMPACT.20
G. I
F AN ADVERSE ACTION IS TAKEN AGAINST A PA'S QUALIFYING21
L
ICENSE, THE PA'S COMPACT PRIVILEGE IN ALL REMOTE STATES22
SHALL BE DEACTIVATED UNTIL TWO (2) YEARS HAVE ELAPSED23
AFTER ALL RESTRICTIONS HAVE BEEN REMOVED FROM THE STATE24
L
ICENSE. ALL DISCIPLINARY ORDERS BY THE PARTICIPATING STATE25
WHICH ISSUED THE QUALIFYING LICENSE THAT IMPOSE ADVERSE26
A
CTION AGAINST A PA'S LICENSE SHALL INCLUDE A STATEMENT27
SB24-018
-13- THAT THE PA'S COMPACT PRIVILEGE IS DEACTIVATED IN ALL1
P
ARTICIPATING STATES DURING THE PENDENCY OF THE ORDER .2
H. I
F ANY PARTICIPATING STATE TAKES ADVERSE ACTION, IT3
PROMPTLY SHALL NOTIFY THE ADMINISTRATOR OF THE DATA4
S
YSTEM.5
Section 7.  Establishment of the6
PA Licensure Compact Commission7
A. T
HE PARTICIPATING STATES HEREBY CREATE AND ESTABLISH A8
JOINT GOVERNMENT AGENCY AND NATIONAL ADMINISTRATIVE9
BODY KNOWN AS THE PA LICENSURE COMPACT COMMISSION. THE10
C
OMMISSION IS AN INSTRUMENTALITY OF THE COMPACT STATES11
ACTING JOINTLY AND NOT AN INSTRUMENTALITY OF ANY ONE12
S
TATE. THE COMMISSION SHALL COME INTO EXISTENCE ON OR13
AFTER THE EFFECTIVE DATE OF THE COMPACT AS SET FORTH IN14
S
ECTION 11.A OF THIS COMPACT.15
B. M
EMBERSHIP, VOTING, AND MEETINGS16
1. E
ACH PARTICIPATING STATE SHALL HAVE AND BE LIMITED17
TO ONE (1) DELEGATE SELECTED BY THAT PARTICIPATING18
S
TATE'S LICENSING BOARD OR, IF THE STATE HAS MORE19
THAN ONE LICENSING BOARD, SELECTED COLLECTIVELY BY20
THE PARTICIPATING STATE'S LICENSING BOARDS.21
2. T
HE DELEGATE SHALL BE EITHER:22
a. A
 CURRENT PA, PHYSICIAN, OR PUBLIC MEMBER OF23
A LICENSING BOARD OR PA COUNCIL/COMMITTEE;24
OR25
b. A
N ADMINISTRATOR OF A LICENSING BOARD.26
3. A
NY DELEGATE MAY BE REMOVED OR SUSPENDED FROM27
SB24-018
-14- OFFICE AS PROVIDED BY THE LAWS OF THE STATE FROM1
WHICH THE DELEGATE IS APPOINTED.2
4. T
HE PARTICIPATING STATE LICENSING BOARD SHALL FILL3
ANY VACANCY OCCURRING IN THE COMMISSION WITHIN4
SIXTY (60) DAYS.5
5. E
ACH DELEGATE SHALL BE ENTITLED TO ONE (1) VOTE ON6
ALL MATTERS VOTED ON BY THE COMMISSION AND SHALL7
OTHERWISE HAVE AN OPPORTUNITY TO PARTICIPATE IN THE8
BUSINESS AND AFFAIRS OF THE COMMISSION. A DELEGATE9
SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS10
PROVIDED IN THE BYLAWS. THE BYLAWS MAY PROVIDE FOR11
DELEGATES' PARTICIPATION IN MEETINGS BY12
TELECOMMUNICATIONS , VIDEO CONFERENCE, OR OTHER13
MEANS OF COMMUNICATION .14
6. T
HE COMMISSION SHALL MEET AT LEAST ONCE DURING15
EACH CALENDAR YEAR. ADDITIONAL MEETINGS SHALL BE16
HELD AS SET FORTH IN THIS COMPACT AND THE BYLAWS .17
7. T
HE COMMISSION SHALL ESTABLISH BY RULE A TERM OF18
OFFICE FOR DELEGATES.19
C. T
HE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND20
DUTIES:21
1. E
STABLISH A CODE OF ETHICS FOR THE COMMISSION;22
2. E
STABLISH THE FISCAL YEAR OF THE COMMISSION;23
3. E
STABLISH FEES;24
4. E
STABLISH BYLAWS;25
5. M
AINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH26
THE BYLAWS;27
SB24-018
-15- 6. M EET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH1
THE PROVISIONS OF THIS COMPACT AND THE BYLAWS ;2
7. P
ROMULGATE RULES TO FACILITATE AND COORDINATE3
IMPLEMENTATION AND ADMINISTRATION OF THIS COMPACT.4
T
HE RULES SHALL HAVE THE FORCE AND EFFECT OF LAW5
AND SHALL BE BINDING IN ALL PARTICIPATING STATES.6
8. B
RING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN7
THE NAME OF THE COMMISSION, PROVIDED THAT THE8
STANDING OF ANY STATE LICENSING BOARD TO SUE OR BE9
SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED ;10
9. P
URCHASE AND MAINTAIN INSURANCE AND BONDS ;11
10. B
ORROW, ACCEPT, OR CONTRACT FOR SERVICES OF12
PERSONNEL, INCLUDING, BUT NOT LIMITED TO, EMPLOYEES13
OF A PARTICIPATING STATE;14
11. H
IRE EMPLOYEES AND ENGAGE CONTRACTORS	, ELECT OR15
APPOINT OFFICERS, FIX COMPENSATION, DEFINE DUTIES,16
GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO17
CARRY OUT THE PURPOSES OF THIS COMPACT, AND18
ESTABLISH THE COMMISSION'S PERSONNEL POLICIES AND19
PROGRAMS RELATING TO CONFLICTS OF INTEREST ,20
QUALIFICATIONS OF PERSONNEL , AND OTHER RELATED21
PERSONNEL MATTERS;22
12. A
CCEPT ANY AND ALL APPROPRIATE DONATIONS AND23
GRANTS OF MONEY, EQUIPMENT, SUPPLIES, MATERIALS, AND24
SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE25
SAME; PROVIDED THAT AT ALL TIMES THE COMMISSION26
SHALL AVOID ANY APPEARANCE OF IMPROPRIETY OR27
SB24-018
-16- CONFLICT OF INTEREST;1
13. L
EASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR2
DONATIONS OF, OR OTHERWISE OWN, HOLD, IMPROVE, OR3
USE, ANY PROPERTY, REAL, PERSONAL, OR MIXED; PROVIDED4
THAT AT ALL TIMES THE COMMISSION SHALL AVOID ANY5
APPEARANCE OF IMPROPRIETY;6
14. S
ELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,7
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY, REAL,8
PERSONAL, OR MIXED;9
15. E
STABLISH A BUDGET AND MAKE EXPENDITURES ;10
16. B
ORROW MONEY;11
17. A
PPOINT COMMITTEES, INCLUDING STANDING COMMITTEES12
COMPOSED OF MEMBERS , STATE REGULATORS, STATE13
LEGISLATORS OR THEIR REPRESENTATIVES , AND CONSUMER14
REPRESENTATIVES, AND SUCH OTHER INTERESTED PERSONS15
AS MAY BE DESIGNATED IN THIS COMPACT AND THE16
BYLAWS;17
18. P
ROVIDE AND RECEIVE INFORMATION FROM , AND18
COOPERATE WITH, LAW ENFORCEMENT AGENCIES ;19
19. E
LECT A CHAIR, VICE CHAIR, SECRETARY, AND TREASURER20
AND SUCH OTHER OFFICERS OF THE COMMISSION AS21
PROVIDED IN THE COMMISSION'S BYLAWS;22
20. R
ESERVE FOR ITSELF, IN ADDITION TO THOSE RESERVED23
EXCLUSIVELY TO THE COMMISSION UNDER THE COMPACT,24
POWERS THAT THE EXECUTIVE COMMITTEE MAY NOT25
EXERCISE;26
21. A
PPROVE OR DISAPPROVE A STATE'S PARTICIPATION IN THE27
SB24-018
-17- COMPACT BASED UPON ITS DETERMINATION AS TO WHETHER1
THE STATE'S COMPACT LEGISLATION DEPARTS IN A2
MATERIAL MANNER FROM THE MODEL COMPACT3
LANGUAGE;4
22. P
REPARE AND PROVIDE TO THE PARTICIPATING STATES AN5
ANNUAL REPORT; AND6
23. P
ERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY7
OR APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS8
C
OMPACT CONSISTENT WITH THE STATE REGULATION OF PA9
LICENSURE AND PRACTICE.10
D. M
EETINGS OF THE COMMISSION11
1. A
LL MEETINGS OF THE COMMISSION THAT ARE NOT CLOSED12
PURSUANT TO THIS SUBSECTION D.1 SHALL BE OPEN TO THE13
PUBLIC. NOTICE OF PUBLIC MEETINGS SHALL BE POSTED ON14
THE COMMISSION'S WEBSITE AT LEAST THIRTY (30) DAYS15
PRIOR TO THE PUBLIC MEETING.16
2. N
OTWITHSTANDING SUBSECTION D.1 OF THIS SECTION, THE17
C
OMMISSION MAY CONVENE A PUBLIC MEETING BY18
PROVIDING AT LEAST TWENTY -FOUR (24) HOURS PRIOR19
NOTICE ON THE COMMISSION'S WEBSITE, AND ANY OTHER20
MEANS AS PROVIDED IN THE COMMISSION'S RULES, FOR ANY21
OF THE REASONS IT MAY DISPENSE WITH NOTICE OF22
PROPOSED RULEMAKING UNDER SECTION 9.L OF THIS23
C
OMPACT.24
3. T
HE COMMISSION MAY CONVENE IN A CLOSED , NON-PUBLIC25
MEETING OR NON-PUBLIC PART OF A PUBLIC MEETING TO26
RECEIVE LEGAL ADVICE OR TO DISCUSS:27
SB24-018
-18- a. NON-COMPLIANCE OF A PARTICIPATING STATE WITH1
ITS OBLIGATIONS UNDER THIS COMPACT;2
b. T
HE EMPLOYMENT, COMPENSATION, DISCIPLINE OR3
OTHER ENFORCEMENT MATTERS , PRACTICES, OR4
PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR5
OTHER MATTERS RELATED TO THE COMMISSION'S6
INTERNAL PERSONNEL PRACTICES AND PROCEDURES	;7
c. C
URRENT, THREATENED , OR REASONABLY8
ANTICIPATED LITIGATION;9
d. N
EGOTIATION OF CONTRACTS FOR THE PURCHASE ,10
LEASE, OR SALE OF GOODS, SERVICES, OR REAL11
ESTATE;12
e. A
CCUSING ANY PERSON OF A CRIME OR FORMALLY13
CENSURING ANY PERSON;14
f. D
ISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR15
FINANCIAL INFORMATION THAT IS PRIVILEGED OR16
CONFIDENTIAL;17
g. D
ISCLOSURE OF INFORMATION OF A PERSONAL18
NATURE WHERE DISCLOSURE WOULD CONSTITUTE A19
CLEARLY UNWARRANTED INVASION OF PERSONAL20
PRIVACY;21
h. D
ISCLOSURE OF INVESTIGATIVE RECORDS COMPILED22
FOR LAW ENFORCEMENT PURPOSES ;23
i. D
ISCLOSURE OF INFORMATION RELATED TO ANY24
INVESTIGATIVE REPORTS PREPARED BY OR ON25
BEHALF OF OR FOR USE OF THE COMMISSION OR26
OTHER COMMITTEE CHARGED WITH RESPONSIBILITY27
SB24-018
-19- OF INVESTIGATION OR DETERMINATION OF1
COMPLIANCE ISSUES PURSUANT TO THIS COMPACT;2
j. L
EGAL ADVICE; OR3
k. M
ATTERS SPECIFICALLY EXEMPTED FROM4
DISCLOSURE BY FEDERAL OR PARTICIPATING STATES'5
STATUTES.6
4. I
F A MEETING, OR PORTION OF A MEETING , IS CLOSED7
PURSUANT TO THIS SUBSECTION D, THE CHAIR OF THE8
MEETING OR THE CHAIR'S DESIGNEE SHALL CERTIFY THAT9
THE MEETING OR PORTION OF THE MEETING MAY BE CLOSED10
AND SHALL REFERENCE EACH RELEVANT EXEMPTING11
PROVISION.12
5. T
HE COMMISSION SHALL KEEP MINUTES THAT FULLY AND13
CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING14
AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF15
ACTIONS TAKEN, INCLUDING A DESCRIPTION OF THE VIEWS16
EXPRESSED. ALL DOCUMENTS CONSIDERED IN CONNECTION17
WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES .18
A
LL MINUTES AND DOCUMENTS OF A CLOSED MEETING19
SHALL REMAIN UNDER SEAL , SUBJECT TO RELEASE BY A20
MAJORITY VOTE OF THE COMMISSION OR ORDER OF A COURT21
OF COMPETENT JURISDICTION.22
E. F
INANCING OF THE COMMISSION23
1. T
HE COMMISSION SHALL PAY , OR PROVIDE FOR THE24
PAYMENT OF, THE REASONABLE EXPENSES OF ITS25
ESTABLISHMENT, ORGANIZATION, AND ONGOING ACTIVITIES.26
2. T
HE COMMISSION MAY ACCEPT ANY AND ALL APPROPRIATE27
SB24-018
-20- REVENUE SOURCES, DONATIONS, AND GRANTS OF MONEY,1
EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES.2
3. T
HE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL3
ASSESSMENT FROM EACH PARTICIPATING STATE AND MAY4
IMPOSE COMPACT PRIVILEGE FEES ON LICENSEES OF5
P
ARTICIPATING STATES TO WHOM A COMPACT PRIVILEGE IS6
GRANTED TO COVER THE COST OF THE OPERATIONS AND7
ACTIVITIES OF THE COMMISSION AND ITS STAFF, WHICH8
MUST BE IN A TOTAL AMOUNT SUFFICIENT TO COVER ITS9
ANNUAL BUDGET AS APPROVED BY THE COMMISSION EACH10
YEAR FOR WHICH REVENUE IS NOT PROVIDED BY OTHER11
SOURCES. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT12
LEVIED ON PARTICIPATING STATES SHALL BE ALLOCATED13
BASED UPON A FORMULA TO BE DETERMINED BY14
C
OMMISSION RULE.15
a. A
 COMPACT PRIVILEGE EXPIRES WHEN THE16
L
ICENSEE'S QUALIFYING LICENSE IN THE17
P
ARTICIPATING STATE FROM WHICH THE LICENSEE18
APPLIED FOR THE COMPACT PRIVILEGE EXPIRES.19
b. I
F THE LICENSEE TERMINATES THE QUALIFYING20
L
ICENSE THROUGH WHICH THE LICENSEE APPLIED21
FOR THE COMPACT PRIVILEGE BEFORE ITS22
SCHEDULED EXPIRATION, AND THE LICENSEE HAS A23
Q
UALIFYING LICENSE IN ANOTHER PARTICIPATING24
S
TATE, THE LICENSEE SHALL INFORM THE25
C
OMMISSION THAT THE LICENSEE IS CHANGING TO26
THAT PARTICIPATING STATE THE PARTICIPATING27
SB24-018
-21- STATE THROUGH WHICH IT APPLIES FOR A COMPACT1
P
RIVILEGE AND PAY TO THE COMMISSION ANY2
C
OMPACT PRIVILEGE FEE REQUIRED BY COMMISSION3
R
ULE.4
4. T
HE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY5
KIND PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET6
THE SAME; NOR SHALL THE COMMISSION PLEDGE THE7
CREDIT OF ANY OF THE PARTICIPATING STATES, EXCEPT BY8
AND WITH THE AUTHORITY OF THE PARTICIPATING STATE.9
5. T
HE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL10
RECEIPTS AND DISBURSEMENTS . THE RECEIPTS AND11
DISBURSEMENTS OF THE COMMISSION SHALL BE SUBJECT TO12
THE FINANCIAL REVIEW AND ACCOUNTING PROCEDURES13
ESTABLISHED UNDER ITS BYLAWS . ALL RECEIPTS AND14
DISBURSEMENTS OF FUNDS HANDLED BY THE COMMISSION15
SHALL BE SUBJECT TO AN ANNUAL FINANCIAL REVIEW BY A16
CERTIFIED OR LICENSED PUBLIC ACCOUNTANT , AND THE17
REPORT OF THE FINANCIAL REVIEW SHALL BE INCLUDED IN18
AND BECOME PART OF THE ANNUAL REPORT OF THE19
C
OMMISSION.20
F. T
HE EXECUTIVE COMMITTEE21
1. T
HE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO22
ACT ON BEHALF OF THE COMMISSION ACCORDING TO THE23
TERMS OF THIS COMPACT AND COMMISSION RULES.24
2. T
HE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF NINE25
(9)
 MEMBERS:26
a. S
EVEN (7) VOTING MEMBERS WHO ARE ELECTED BY27
SB24-018
-22- THE COMMISSION FROM THE CURRENT MEMBERSHIP1
OF THE COMMISSION;2
b. O
NE (1) EX OFFICIO, NONVOTING MEMBER FROM A3
RECOGNIZED NATIONAL PA PROFESSIONAL4
ASSOCIATION; AND5
c. O
NE (1) EX OFFICIO, NONVOTING MEMBER FROM A6
RECOGNIZED NATI ONAL 	PA CERTIFICATION7
ORGANIZATION.8
3. T
HE EX OFFICIO MEMBERS WILL BE SELECTED BY THEIR9
RESPECTIVE ORGANIZATIONS.10
4. T
HE COMMISSION MAY REMOVE ANY MEMBER OF THE11
E
XECUTIVE COMMITTEE AS PROVIDED IN ITS BYLAWS .12
5. T
HE EXECUTIVE COMMITTEE SHALL MEET AT LEAST13
ANNUALLY.14
6. T
HE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING15
DUTIES AND RESPONSIBILITIES:16
a. R
ECOMMEND TO THE COMMISSION CHANGES TO THE17
C
OMMISSION'S RULES OR BYLAWS, CHANGES TO THIS18
C
OMPACT LEGISLATION, FEES TO BE PAID BY19
C
OMPACT PARTICIPATING STATES SUCH AS ANNUAL20
DUES, AND ANY COMMISSION COMPACT FEE21
CHARGED TO LICENSEES FOR THE COMPACT22
P
RIVILEGE;23
b. E
NSURE COMPACT ADMINISTRATION SERVICES ARE24
APPROPRIATELY PROVIDED , CONTRACTUAL OR25
OTHERWISE;26
c. P
REPARE AND RECOMMEND THE BUDGET ;27
SB24-018
-23- d. M AINTAIN FINANCIAL RECORDS ON BEHALF OF THE1
C
OMMISSION;2
e. M
ONITOR COMPACT COMPLIANCE OF PARTICIPATING3
S
TATES AND PROVIDE COMPLIANCE REPORTS TO THE4
C
OMMISSION;5
f. E
STABLISH ADDITIONAL COMMITTEES AS6
NECESSARY;7
g. E
XERCISE THE POWERS AND DUTIES OF THE8
C
OMMISSION DURING THE INTERIM BETWEEN9
C
OMMISSION MEETINGS , EXCEPT FOR ISSUING10
PROPOSED RULEMAKING OR ADOPTING COMMISSION11
R
ULES OR BYLAWS, OR EXERCISING ANY OTHER12
POWERS AND DUTIES EXCLUSIVELY RESERVED TO13
THE COMMISSION BY THE COMMISSION'S RULES;14
AND15
h. P
ERFORM OTHER DUTIES AS PROVIDED IN THE16
C
OMMISSION'S RULES OR BYLAWS.17
7. A
LL MEETINGS OF THE EXECUTIVE COMMITTEE AT WHICH18
IT VOTES OR PLANS TO VOTE ON MATTERS IN EXERCISING19
THE POWERS AND DUTIES OF THE COMMISSION SHALL BE20
OPEN TO THE PUBLIC , AND PUBLIC NOTICE OF SUCH21
MEETINGS SHALL BE GIVEN AS PUBLIC MEETINGS OF THE22
C
OMMISSION ARE GIVEN.23
8. T
HE EXECUTIVE COMMITTEE MAY CONVENE IN A CLOSED ,24
NON-PUBLIC MEETING FOR THE SAME REASONS THAT THE25
C
OMMISSION MAY CONVENE IN A NON -PUBLIC MEETING AS26
SET FORTH IN SUBSECTION D.3 OF THIS SECTION AND SHALL27
SB24-018
-24- ANNOUNCE THE CLOSED MEETING AS THE COMMISSION IS1
REQUIRED TO UNDER SUBSECTION D.4 OF THIS SECTION AND2
KEEP MINUTES OF THE CLOSED MEETING AS THE3
C
OMMISSION IS REQUIRED TO UNDER SUBSECTION D.5 OF4
THIS SECTION.5
G. Q
UALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION6
1. T
HE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR ,7
EMPLOYEES, AND REPRESENTATIVES OF THE COMMISSION8
SHALL BE IMMUNE FROM SUIT AND LIABILITY , BOTH9
PERSONALLY AND IN THEIR OFFICIAL CAPACITY , FOR ANY10
CLAIM FOR DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL11
INJURY OR OTHER CIVIL LIABILITY CAUSED BY OR ARISING12
OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION13
THAT OCCURRED, OR THAT THE PERSON AGAINST WHOM THE14
CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING15
OCCURRED WITHIN THE SCOPE OF COMMISSION16
EMPLOYMENT, DUTIES, OR RESPONSIBILITIES; PROVIDED17
THAT NOTHING HEREIN SHALL BE CONSTRUED TO PROTECT18
ANY SUCH PERSON FROM SUIT OR LIABILITY FOR ANY19
DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED BY THE20
INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF21
THAT PERSON. THE PROCUREMENT OF INSURANCE OF ANY22
TYPE BY THE COMMISSION SHALL NOT IN ANY WAY23
COMPROMISE OR LIMIT THE IMMUNITY GRANTED24
HEREUNDER. 25
2. T
HE COMMISSION SHALL DEFEND ANY MEMBER , OFFICER,26
EXECUTIVE DIRECTOR, EMPLOYEE, AND REPRESENTATIVE OF27
SB24-018
-25- THE COMMISSION IN ANY CIVIL ACTION SEEKING TO IMPOSE1
LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED ACT ,2
ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF3
C
OMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES,4
OR AS DETERMINED BY THE COMMISSION THAT THE PERSON5
AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE6
BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF7
C
OMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;8
PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO9
PROHIBIT THAT PERSON FROM RETAINING THEIR OWN10
COUNSEL AT THEIR OWN EXPENSE; AND PROVIDED FURTHER,11
THAT THE ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION12
DID NOT RESULT FROM THAT PERSON 'S INTENTIONAL OR13
WILLFUL OR WANTON MISCONDUCT .14
3. T
HE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS15
ANY MEMBER, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE,16
AND REPRESENTATIVE OF THE COMMISSION FOR THE17
AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED18
AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR19
ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED20
WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES,21
OR RESPONSIBILITIES, OR THAT SUCH PERSON HAD A22
REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE23
SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR24
RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR25
ALLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM26
THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF27
SB24-018
-26- THAT PERSON.1
4. V
ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR2
AGAINST THE COMMISSION SHALL BE BROUGHT SOLELY AND3
EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION4
WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS5
LOCATED. THE COMMISSION MAY WAIVE VENUE AND6
JURISDICTIONAL DEFENSES IN ANY PROCEEDINGS AS7
AUTHORIZED BY COMMISSION RULES.8
5. N
OTHING HEREIN SHALL BE CONSTRUED AS A LIMITATION9
ON THE LIABILITY OF ANY LICENSEE FOR PROFESSIONAL10
MALPRACTICE OR MISCONDUCT , WHICH SHALL BE11
GOVERNED SOLELY BY ANY OTHER APPLICABLE STATE12
LAWS.13
6. N
OTHING HEREIN SHALL BE CONSTRUED TO DESIGNATE THE14
VENUE OR JURISDICTION TO BRING ACTIONS FOR ALLEGED15
ACTS OF MALPRACTICE , PROFESSIONAL MISCONDUCT ,16
NEGLIGENCE, OR OTHER SUCH CIVIL ACTION PERTAINING TO17
THE PRACTICE OF A PA. ALL SUCH MATTERS SHALL BE18
DETERMINED EXCLUSIVELY BY STATE LAW OTHER THAN19
THIS COMPACT.20
7. N
OTHING IN THIS COMPACT SHALL BE INTERPRETED TO21
WAIVE OR OTHERWISE ABROGATE A PARTICIPATING STATE'S22
STATE ACTION IMMUNITY OR STATE ACTION AFFIRMATIVE23
DEFENSE WITH RESPECT TO ANTITRUST CLAIMS UNDER THE24
S
HERMAN ACT, CLAYTON ACT, OR ANY OTHER STATE OR25
FEDERAL ANTITRUST OR ANTICOMPETITIVE LAW OR26
REGULATION.27
SB24-018
-27- 8. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A1
WAIVER OF SOVEREIGN IMMUNITY BY THE PARTICIPATING2
S
TATES OR BY THE COMMISSION.3
Section 8.  Data System4
A. T
HE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT ,5
MAINTENANCE, OPERATION, AND UTILIZATION OF A COORDINATED6
DATA AND REPORTING SYSTEM CONTAINING LICENSURE7
INFORMATION, ADVERSE ACTION INFORMATION , AND THE8
REPORTING OF THE EXISTENCE OF SIGNIFICANT INVESTIGATIVE9
I
NFORMATION ON ALL LICENSED PAS AND APPLICANTS DENIED A10
L
ICENSE IN PARTICIPATING STATES.11
B. N
OTWITHSTANDING ANY OTHER STATE LAW TO THE CONTRARY, A12
P
ARTICIPATING STATE SHALL SUBMIT A UNIFORM DATA SET TO THE13
D
ATA SYSTEM ON ALL PAS TO WHOM THIS COMPACT IS14
APPLICABLE (UTILIZING A UNIQUE IDENTIFIER) AS REQUIRED BY THE15
R
ULES OF THE COMMISSION, INCLUDING:16
1. I
DENTIFYING INFORMATION;17
2. L
ICENSURE DATA;18
3. A
DVERSE ACTIONS AGAINST A LICENSE OR COMPACT19
P
RIVILEGE;20
4. A
NY DENIAL OF APPLICATION FOR LICENSURE , AND THE21
REASON(S) FOR SUCH DENIAL (EXCLUDING THE REPORTING22
OF ANY CRIMINAL HISTORY RECORD INFORMATION WHERE23
PROHIBITED BY LAW);24
5. T
HE EXISTENCE OF SIGNIFICANT INVESTIGATIVE25
I
NFORMATION; AND26
6. O
THER INFORMATION THAT MAY FACILITATE THE27
SB24-018
-28- ADMINISTRATION OF THIS COMPACT, AS DETERMINED BY1
THE RULES OF THE COMMISSION.2
C. S
IGNIFICANT INVESTIGATIVE INFORMATION PERTAINING TO A3
L
ICENSEE IN ANY PARTICIPATING STATE SHALL ONLY BE4
AVAILABLE TO OTHER PARTICIPATING STATES.5
D. T
HE COMMISSION SHALL PROMPTLY NOTIFY ALL PARTICIPATING6
S
TATES OF ANY ADVERSE ACTION TAKEN AGAINST A LICENSEE OR7
AN INDIVIDUAL APPLYING FOR A LICENSE THAT HAS BEEN8
REPORTED TO IT. THIS ADVERSE ACTION INFORMATION SHALL BE9
AVAILABLE TO ANY OTHER PARTICIPATING STATE.10
E. P
ARTICIPATING STATES CONTRIBUTING INFORMATION TO THE11
D
ATA SYSTEM MAY, IN ACCORDANCE WITH STATE OR FEDERAL12
LAW, DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH13
THE PUBLIC WITHOUT THE EXPRESS PERMISSION OF THE14
CONTRIBUTING STATE. NOTWITHSTANDING ANY SUCH15
DESIGNATION, SUCH INFORMATION SHALL BE REPORTED TO THE16
C
OMMISSION THROUGH THE DATA SYSTEM.17
F. A
NY INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS18
SUBSEQUENTLY EXPUNGED PURSUANT TO FEDERAL LAW OR THE19
LAWS OF THE PARTICIPATING STATE CONTRIBUTING THE20
INFORMATION SHALL BE REMOVED FROM THE DATA SYSTEM UPON21
REPORTING OF SUCH BY THE PARTICIPATING STATE TO THE22
C
OMMISSION.23
G. T
HE RECORDS AND INFORMATION PROVIDED TO A PARTICIPATING24
S
TATE PURSUANT TO THIS COMPACT OR THROUGH THE DATA25
S
YSTEM, WHEN CERTIFIED BY THE COMMISSION OR AN AGENT26
THEREOF, SHALL CONSTITUTE THE AUTHENTICATED BUSINESS27
SB24-018
-29- RECORDS OF THE COMMISSION, AND SHALL BE ENTITLED TO ANY1
ASSOCIATED HEARSAY EXCEPTION IN ANY RELEVANT JUDICIAL ,2
QUASI-JUDICIAL, OR ADMINISTRATIVE PROCEEDINGS IN A3
P
ARTICIPATING STATE.4
Section 9.  Rulemaking5
A. T
HE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS6
PURSUANT TO THE CRITERIA SET FORTH IN THIS SECTION AND THE7
R
ULES ADOPTED THEREUNDER . COMMISSION RULES SHALL8
BECOME BINDING AS OF THE DATE SPECIFIED BY THE COMMISSION9
FOR EACH RULE.10
B. T
HE COMMISSION SHALL PROMULGATE REASONABLE RULES IN11
ORDER TO EFFECTIVELY AND EFFICIENTLY IMPLEMENT AND12
ADMINISTER THIS COMPACT AND ACHIEVE ITS PURPOSES . A13
C
OMMISSION RULE SHALL BE INVALID AND HAVE NO FORCE OR14
EFFECT ONLY IF A COURT OF COMPETENT JURISDICTION HOLDS THAT15
THE RULE IS INVALID BECAUSE THE COMMISSION EXERCISED ITS16
RULEMAKING AUTHORITY IN A MANNER THAT IS BE YOND THE SCOPE17
OF THE PURPOSES OF THIS COMPACT, OR THE POWERS GRANTED18
HEREUNDER, OR BASED UPON ANOTHER APPLICABLE STANDARD OF19
REVIEW.20
C. T
HE RULES OF THE COMMISSION SHALL HAVE THE FORCE OF LAW21
IN EACH PARTICIPATING STATE, PROVIDED HOWEVER THAT WHERE22
THE RULES OF THE COMMISSION CONFLICT WITH THE LAWS OF THE23
P
ARTICIPATING STATE THAT ESTABLISH THE MEDICAL SERVICES A24
PA
 MAY PERFORM IN THE PARTICIPATING STATE, AS HELD BY A25
COURT OF COMPETENT JURISDICTION , THE RULES OF THE26
C
OMMISSION SHALL BE INEFFECTIVE IN THAT STATE TO THE27
SB24-018
-30- EXTENT OF THE CONFLICT.1
D. I
F A MAJORITY OF THE LEGISLATURES OF THE PARTICIPATING2
S
TATES REJECTS A COMMISSION RULE, BY ENACTMENT OF A3
STATUTE OR RESOLUTION IN THE SAME MANNER USED TO ADOPT4
THIS COMPACT WITHIN FOUR (4) YEARS OF THE DATE OF ADOPTION5
OF THE RULE, THEN SUCH RULE SHALL HAVE NO FURTHER FORCE6
AND EFFECT IN ANY PARTICIPATING STATE OR TO ANY STATE7
APPLYING TO PARTICIPATE IN THE COMPACT.8
E. C
OMMISSION RULES SHALL BE ADOPTED AT A REGULAR OR SPECIAL9
MEETING OF THE COMMISSION.10
F. P
RIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR11
R
ULES BY THE COMMISSION, AND AT LEAST THIRTY (30) DAYS IN12
ADVANCE OF THE MEETING AT WHICH THE RULE WILL BE13
CONSIDERED AND VOTED UPON , THE COMMISSION SHALL FILE A14
NOTICE OF PROPOSED RULEMAKING : 15
1. O
N THE WEBSITE OF THE COMMISSION OR OTHER PUBLICLY16
ACCESSIBLE PLATFORM;17
2. T
O PERSONS WHO HAVE REQUESTED THE COMMISSION'S18
NOTICES OF PROPOSED RULEMAKING ; AND19
3. I
N SUCH OTHER WAY(S) AS THE COMMISSION MAY BY RULE20
SPECIFY.21
G. T
HE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE :22
1. T
HE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING ON23
THE PROPOSED RULE AND THE PROPOSED TIME, DATE, AND24
LOCATION OF THE MEETING IN WHICH THE PROPOSED RULE25
WILL BE CONSIDERED AND VOTED UPON ;26
2. T
HE TEXT OF THE PROPOSED RULE AND THE REASON FOR27
SB24-018
-31- THE PROPOSED RULE;1
3. A
 REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM2
ANY INTERESTED PERSON AND THE DATE BY WHICH3
WRITTEN COMMENTS MUST BE RECEIVED ; AND4
4. T
HE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT5
NOTICE TO THE COMMISSION OF THEIR INTENTION TO6
ATTEND THE PUBLIC HEARING OR PROVIDE ANY WRITTEN7
COMMENTS.8
H. P
RIOR TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL9
ALLOW PERSONS TO SUBMIT WRITTEN DATA , FACTS, OPINIONS, AND10
ARGUMENTS, WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC .11
I. I
F THE HEARING IS TO BE HELD VIA ELECTRONIC MEANS , THE12
C
OMMISSION SHALL PUBLISH THE MECHANISM FOR ACCESS TO THE13
ELECTRONIC HEARING.14
1. A
LL PERSONS WISHING TO BE HEARD AT THE HEARING15
SHALL AS DIRECTED IN THE NOTICE OF PROPOSED16
RULEMAKING, NOT LESS THAN FIVE (5) BUSINESS DAYS17
BEFORE THE SCHEDULED DATE OF THE HEARING , NOTIFY THE18
C
OMMISSION OF THEIR DESIRE TO APPEAR AND TESTIFY AT19
THE HEARING.20
2. H
EARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING21
EACH PERSON WHO WISHES TO COMMENT A FAIR AND22
REASONABLE OPPORTUNITY TO COMMENT ORALLY OR IN23
WRITING.24
3. A
LL HEARINGS SHALL BE RECORDED . A COPY OF THE25
RECORDING AND THE WRITTEN COMMENTS , DATA, FACTS,26
OPINIONS, AND ARGUMENTS RECEIVED IN RESPONSE TO THE27
SB24-018
-32- PROPOSED RULEMAKING SHALL BE MADE AVAILABLE TO A1
PERSON UPON REQUEST.2
4. N
OTHING IN THIS SECTION SHALL BE CONSTRUED AS3
REQUIRING A SEPARATE HEARING ON EACH PROPOSED RULE.4
P
ROPOSED RULES MAY BE GROUPED FOR THE CONVENIENCE5
OF THE COMMISSION AT HEARINGS REQUIRED BY THIS6
SECTION.7
J. F
OLLOWING THE PUBLIC HEARING THE COMMISSION SHALL8
CONSIDER ALL WRITTEN AND ORAL COMMENTS TIMELY RECEIVED .9
K. T
HE COMMISSION SHALL, BY MAJORITY VOTE OF ALL DELEGATES,10
TAKE FINAL ACTION ON THE PROPOSED RULE AND SHALL11
DETERMINE THE EFFECTIVE DATE OF THE RULE, IF ADOPTED, BASED12
ON THE RULEMAKING RECORD AND THE FULL TEXT OF THE RULE.13
1. I
F ADOPTED, THE RULE SHALL BE POSTED ON THE14
C
OMMISSION'S WEBSITE.15
2. T
HE COMMISSION MAY ADOPT CHANGES TO THE PROPOSED16
R
ULE PROVIDED THE CHANGES DO NOT ENLARGE THE17
ORIGINAL PURPOSE OF THE PROPOSED RULE.18
3. T
HE COMMISSION SHALL PROVIDE ON ITS WEBSITE AN19
EXPLANATION OF THE REASONS FOR SUBSTANTIVE C HANGES20
MADE TO THE PROPOSED RULE AS WELL AS REASONS FOR21
SUBSTANTIVE CHANGES NOT MADE THAT WERE22
RECOMMENDED BY COMMENTERS .23
4. T
HE COMMISSION SHALL DETERMINE A REASONABLE24
EFFECTIVE DATE FOR THE RULE. EXCEPT FOR AN25
EMERGENCY AS PROVIDED IN SUBSECTION L OF THIS26
SECTION, THE EFFECTIVE DATE OF THE RULE SHALL BE NO27
SB24-018
-33- SOONER THAN THIRTY (30) DAYS AFTER THE COMMISSION1
ISSUED THE NOTICE THAT IT ADOPTED THE RULE. 2
L. U
PON DETERMINATION THAT AN EMERGENCY EXISTS , THE3
C
OMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE4
WITH TWENTY-FOUR (24) HOURS PRIOR NOTICE, WITHOUT THE5
OPPORTUNITY FOR COMMENT OR HEARING , PROVIDED THAT THE6
USUAL RULEMAKING PROCEDURES PROVIDED IN THIS COMPACT7
AND IN THIS SECTION SHALL BE RETROACTIVELY APPLIED TO THE8
R
ULE AS SOON AS REASONABLY POSSIBLE , IN NO EVENT LATER9
THAN NINETY (90) DAYS AFTER THE EFFECTIVE DATE OF THE RULE.10
F
OR THE PURPOSES OF THIS SUBSECTION L, AN EMERGENCY RULE11
IS ONE THAT MUST BE ADOPTED IMMEDIATELY BY THE COMMISSION12
IN ORDER TO:13
1. M
EET AN IMMINENT THREAT TO PUBLIC HEALTH , SAFETY,14
OR WELFARE;15
2. P
REVENT A LOSS OF COMMISSION OR PARTICIPATING STATE16
FUNDS;17
3. M
EET A DEADLINE FOR THE PROMULGATION OF A18
C
OMMISSION RULE THAT IS ESTABLISHED BY FEDERAL LAW19
OR RULE; OR20
4. P
ROTECT PUBLIC HEALTH AND SAFETY .21
M. T
HE COMMISSION OR AN AUTHORIZED COMMITTEE OF THE22
C
OMMISSION MAY DIRECT REVISIONS TO A PREVIOUSLY ADOPTED23
C
OMMISSION RULE FOR PURPOSES OF CORRECTING TYPOGRAPHICAL24
ERRORS, ERRORS IN FORMAT , ERRORS IN CONSISTENCY , OR25
GRAMMATICAL ERRORS . PUBLIC NOTICE OF ANY REVISIONS SHALL26
BE POSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION27
SB24-018
-34- SHALL BE SUBJECT TO CHALLENGE BY ANY PERSON FOR A PERIOD1
OF THIRTY (30) DAYS AFTER POSTING. THE REVISION MAY BE2
CHALLENGED ONLY ON GROUNDS THAT THE REVISION RESULTS IN3
A MATERIAL CHANGE TO A RULE. A CHALLENGE SHALL BE MADE AS4
SET FORTH IN THE NOTICE OF REVISIONS AND DELIVERED TO THE5
C
OMMISSION PRIOR TO THE END OF THE NOTICE PERIOD . IF NO6
CHALLENGE IS MADE, THE REVISION WILL TAKE EFFECT WITHOUT7
FURTHER ACTION. IF THE REVISION IS CHALLENGED, THE REVISION8
MAY NOT TAKE EFFECT WITHOUT THE APPROVAL OF THE9
C
OMMISSION.10
N. N
O PARTICIPATING STATE'S RULEMAKING REQUIREMENTS SHALL11
APPLY UNDER THIS COMPACT.12
Section 10.  Oversight, Dispute Resolution, and Enforcement13
A. O
VERSIGHT14
1. T
HE EXECUTIVE AND JUDICIAL BRANCHES OF STATE15
GOVERNMENT IN EACH PARTICIPATING STATE SHALL16
ENFORCE THIS COMPACT AND TAKE ALL ACTIONS17
NECESSARY AND APPROPRIATE TO IMPLEMENT THE18
C
OMPACT.19
2. V
ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR20
AGAINST THE COMMISSION SHALL BE BROUGHT SOLELY AND21
EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION22
WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS23
LOCATED. THE COMMISSION MAY WAIVE VENUE AND24
JURISDICTIONAL DEFENSES TO THE EXTENT IT ADOPTS OR25
CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE26
RESOLUTION PROCEEDINGS. NOTHING HEREIN SHALL AFFECT27
SB24-018
-35- OR LIMIT THE SELECTION OR PROPRIETY OF VENUE IN ANY1
ACTION AGAINST A LICENSEE FOR PROFESSI	ONAL2
MALPRACTICE, MISCONDUCT, OR ANY SUCH SIMILAR3
MATTER.4
3. T
HE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE5
OF PROCESS IN ANY PROCEEDING REGARDING THE6
ENFORCEMENT OR INTERPRETATION OF THE COMPACT OR7
THE COMMISSION'S RULES AND SHALL HAVE STANDING TO8
INTERVENE IN SUCH A PROCEEDING FOR ALL PURPOSES .9
F
AILURE TO PROVIDE THE COMMISSION WITH SERVICE OF10
PROCESS SHALL RENDER A JUDGMENT OR ORDER IN SUCH11
PROCEEDING VOID AS TO THE COMMISSION, THIS COMPACT,12
OR COMMISSION RULES.13
B. D
EFAULT, TECHNICAL ASSISTANCE, AND TERMINATION14
1. I
F THE COMMISSION DETERMINES THAT A PARTICIPATING15
S
TATE HAS DEFAULTED IN THE PERFORMANCE OF ITS16
OBLIGATIONS OR RESPONSIBILITIES UNDER THIS COMPACT17
OR THE COMMISSION RULES, THE COMMISSION SHALL18
PROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND19
OTHER PARTICIPATING STATES. THE NOTICE SHALL20
DESCRIBE THE DEFAULT, THE PROPOSED MEANS OF CURING21
THE DEFAULT, AND ANY OTHER ACTION THAT THE22
C
OMMISSION MAY TAKE AND SHALL OFFER REMEDIAL23
TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARDING24
THE DEFAULT. 25
2. I
F A STATE IN DEFAULT FAILS TO CURE THE DEFAULT , THE26
DEFAULTING STATE MAY BE TERMINATED FROM THIS27
SB24-018
-36- COMPACT UPON AN AFFIRMATIVE VOTE OF A MAJORITY OF1
THE DELEGATES OF THE PARTICIPATING STATES, AND ALL2
RIGHTS, PRIVILEGES, AND BENEFITS CONFERRED BY THIS3
C
OMPACT UPON SUCH STATE MAY BE TERMINATED ON THE4
EFFECTIVE DATE OF TERMINATION. A CURE OF THE DEFAULT5
DOES NOT RELIEVE THE OFFENDING STATE OF OBLIGATIONS6
OR LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT .7
3. T
ERMINATION OF PARTICIPATION IN THIS COMPACT SHALL8
BE IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING9
COMPLIANCE HAVE BEEN EXHAUSTED . NOTICE OF INTENT TO10
SUSPEND OR TERMINATE SHALL BE GIVEN BY THE11
C
OMMISSION TO THE GOVERNOR , THE MAJORITY AND12
MINORITY LEADERS OF THE DEFAULTING STATE'S13
LEGISLATURE, AND THE LICENSING BOARD(S) OF EACH OF14
THE PARTICIPATING STATES.15
4. A
 STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR16
ALL ASSESSMENTS , OBLIGATIONS, AND LIABILITIES17
INCURRED THROUGH THE EFFECTIVE DATE OF TERMINATION ,18
INCLUDING OBLIGATIONS THAT EXTEND BEYOND THE19
EFFECTIVE DATE OF TERMINATION.20
5. T
HE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO21
A STATE THAT IS FOUND TO BE IN DEFAULT OR THAT HAS22
BEEN TERMINATED FROM THIS COMPACT, UNLESS AGREED23
UPON IN WRITING BETWEEN THE COMMISSION AND THE24
DEFAULTING STATE.25
6. T
HE DEFAULTING STATE MAY APPEAL ITS TERMINATION26
FROM THE COMPACT BY THE COMMISSION BY PETITIONING27
SB24-018
-37- THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF1
C
OLUMBIA OR THE FEDERAL DISTRICT WHERE THE2
C
OMMISSION HAS ITS PRINCIPAL OFFICES. THE PREVAILING3
PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION ,4
INCLUDING REASONABLE ATTORNEY 'S FEES.5
7. U
PON THE TERMINATION OF A STATE'S PARTICIPATION IN6
THE COMPACT, THE STATE SHALL IMMEDIATELY PROVIDE7
NOTICE TO ALL LICENSEES WITHIN THAT STATE OF SUCH8
TERMINATION:9
a. L
ICENSEES WHO HAVE BEEN GRANTED A COMPACT10
P
RIVILEGE IN THAT STATE SHALL RETAIN THE11
C
OMPACT PRIVILEGE FOR ONE HUNDRED EIGHTY12
(180)
 DAYS FOLLOWING THE EFFECTIVE DATE OF13
SUCH TERMINATION.14
b. L
ICENSEES WHO ARE LICENSED IN THAT STATE WHO15
HAVE BEEN GRANTED A COMPACT PRIVILEGE IN A16
P
ARTICIPATING STATE SHALL RETAIN THE COMPACT17
P
RIVILEGE FOR ONE HUNDRED EIGHTY (180) DAYS18
UNLESS THE LICENSEE ALSO HAS A QUALIFYING19
L
ICENSE IN A PARTICIPATING STATE OR OBTAINS A20
Q
UALIFYING LICENSE IN A PARTICIPATING STATE21
BEFORE THE ONE HUNDRED EIGHTY (180)-DAY22
PERIOD ENDS, IN WHICH CASE THE COMPACT23
P
RIVILEGE SHALL CONTINUE.24
C. D
ISPUTE RESOLUTION25
1. U
PON REQUEST BY A PARTICIPATING STATE, THE26
C
OMMISSION SHALL ATTEMPT TO RESOLVE DISPUTES27
SB24-018
-38- RELATED TO THIS COMPACT THAT ARISE AMONG1
P
ARTICIPATING STATES AND BETWEEN PARTICIPATING AND2
NON-PARTICIPATING STATES.3
2. T
HE COMMISSION SHALL PROMULGATE A RULE PROVIDING4
FOR BOTH MEDIATION AND BINDING DISPUTE RESOLUTION5
FOR DISPUTES AS APPROPRIATE.6
D. E
NFORCEMENT7
1. T
HE COMMISSION, IN THE REASONABLE EXERCISE OF ITS8
DISCRETION, SHALL ENFORCE THE PROVISIONS OF THIS9
C
OMPACT AND RULES OF THE COMMISSION.10
2. I
F COMPLIANCE IS NOT SECURED AFTER ALL MEANS TO11
SECURE COMPLIANCE HAVE BEEN E XHAUSTED	, BY MAJORITY12
VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN13
THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF14
C
OLUMBIA OR THE FEDERAL DISTRICT WHERE THE15
C
OMMISSION HAS ITS PRINCIPAL OFFICES , AGAINST A16
P
ARTICIPATING STATE IN DEFAULT TO ENFORCE17
COMPLIANCE WITH THE PROVISIONS OF THIS COMPACT AND18
THE COMMISSION'S PROMULGATED RULES AND BYLAWS.19
T
HE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCTIVE RELIEF20
AND DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS21
NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED22
ALL COSTS OF SUCH LITIGATION, INCLUDING REASONABLE23
ATTORNEY'S FEES.24
3. T
HE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE25
REMEDIES OF THE COMMISSION. THE COMMISSION MAY26
PURSUE ANY OTHER REMEDIES AVAILABLE UNDER FEDERAL27
SB24-018
-39- OR STATE LAW.1
E. L
EGAL ACTION AGAINST THE COMMISSION2
1. A
 PARTICIPATING STATE MAY INITIATE LEGAL ACTION3
AGAINST THE COMMISSION IN THE UNITED STATES DISTRICT4
C
OURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL5
DISTRICT WHERE THE COMMISSION HAS ITS PRINCIPAL6
OFFICES TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF7
THE COMPACT AND ITS RULES. THE RELIEF SOUGHT MAY8
INCLUDE BOTH INJUNCTIVE RELIEF AND DAMAGES . IN THE9
EVENT JUDICIAL ENFORCEMENT IS NECESSARY , THE10
PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH11
LITIGATION, INCLUDING REASONABLE ATTORNEY 'S FEES. 12
2. N
O PERSON OTHER THAN A PARTICIPATING STATE SHALL13
ENFORCE THIS COMPACT AGAINST THE COMMISSION.14
Section 11.  Date of Implementation of the15
PA Licensure Compact Commission16
A. T
HIS COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH17
THIS COMPACT STATUTE IS ENACTED INTO LAW IN THE SEVENTH18
P
ARTICIPATING STATE. 19
1. O
N OR AFTER THE EFFECTIVE DATE OF THIS COMPACT, THE20
C
OMMISSION SHALL CONVENE AND REVIEW THE21
ENACTMENT OF EACH OF THE STATES THAT ENACTED THIS22
C
OMPACT PRIOR TO THE COMMISSION CONVENING23
("C
HARTER PARTICIPATING STATES") TO DETERMINE IF THE24
STATUTE ENACTED BY EACH SUCH CHARTER PARTICIPATING25
S
TATE IS MATERIALLY DIFFERENT THAN THE MODEL26
C
OMPACT.27
SB24-018
-40- a. A CHARTER PARTICIPATING STATE WHOSE1
ENACTMENT IS FOUND TO BE MATERIALLY2
DIFFERENT FROM THE MODEL COMPACT SHALL BE3
ENTITLED TO THE DEFAULT PROCESS SET FORTH IN4
S
ECTION 10.B OF THIS COMPACT.5
b. I
F ANY PARTICIPATING STATE LATER WITHDRAWS6
FROM THE COMPACT OR ITS PARTICIPATION IS7
TERMINATED, THE COMMISSION SHALL REMAIN IN8
EXISTENCE AND THE COMPACT SHALL REMAIN IN9
EFFECT EVEN IF THE NUMBER OF PARTICIPATING10
S
TATES SHOULD BE LESS THAN SEVEN	.11
P
ARTICIPATING STATES ENACTING THE COMPACT12
SUBSEQUENT TO THE COMMISSION CONVENING13
SHALL BE SUBJECT TO THE PROCESS SET FORTH IN14
S
ECTION 7.C.21 OF THIS COMPACT TO DETERMINE IF15
THEIR ENACTMENTS ARE MATERIALLY DIFFERENT16
FROM THE MODEL COMPACT AND WHETHER THEY17
QUALIFY FOR PARTICIPATION IN THE COMPACT.18
2. P
ARTICIPATING STATES ENACTING THIS COMPACT19
SUBSEQUENT TO THE SEVEN INITIAL CHARTER20
P
ARTICIPATING STATES SHALL BE SUBJECT TO THE PROCESS21
SET FORTH IN SECTION 7.C.21 OF THIS COMPACT TO22
DETERMINE IF THEIR ENACTMENTS ARE MATERIALLY23
DIFFERENT FROM THE MODEL COMPACT AND WHETHER24
THEY QUALIFY FOR PARTICIPATION IN THE COMPACT.25
3. A
LL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION26
OR IN FURTHERANCE OF THE PURPOSES OF THE27
SB24-018
-41- ADMINISTRATION OF THIS COMPACT PRIOR TO THE1
EFFECTIVE DATE OF THIS COMPACT OR THE COMMISSION2
COMING INTO EXISTENCE SHALL BE CONSIDERED TO BE3
ACTIONS OF THE COMMISSION UNLESS SPECIFICALLY4
REPUDIATED BY THE COMMISSION.5
B. A
NY STATE THAT JOINS THIS COMPACT SHALL BE SUBJECT TO THE6
C
OMMISSION'S RULES AND BYLAWS AS THEY EXIST ON THE DATE7
ON WHICH THIS COMPACT BECOMES LAW IN THAT STATE. ANY8
R
ULE THAT HAS BEEN PREVIOUSLY ADOPTED BY THE COMMISSION9
SHALL HAVE THE FULL FORCE AND EFFECT OF LAW ON THE DAY10
THIS COMPACT BECOMES LAW IN THAT STATE.11
C. A
NY PARTICIPATING STATE MAY WITHDRAW FROM THIS COMPACT12
BY ENACTING A STATUTE REPEALING THE SAME .13
1. A
 PARTICIPATING STATE'S WITHDRAWAL SHALL NOT TAKE14
EFFECT UNTIL ONE HUNDRED EIGHTY (180) DAYS AFTER15
ENACTMENT OF THE REPEALING STATUTE . DURING THIS ONE16
HUNDRED EIGHTY (180)-DAY PERIOD, ALL COMPACT17
P
RIVILEGES THAT WERE IN EFFECT IN THE WITHDRAWING18
S
TATE AND WERE GRANTED TO LICENSEES LICENSED IN THE19
WITHDRAWING STATE SHALL REMAIN IN EFFECT . IF ANY20
L
ICENSEE LICENSED IN THE WITHDRAWING STATE IS ALSO21
LICENSED IN ANOTHER PARTICIPATING STATE OR OBTAINS22
A LICENSE IN ANOTHER PARTICIPATING STATE WITHIN THE23
ONE HUNDRED EIGHTY (180) DAYS, THE LICENSEE'S24
C
OMPACT PRIVILEGES IN OTHER PARTICIPATING STATES25
SHALL NOT BE AFFECTED BY THE PASSAGE OF THE ONE26
HUNDRED EIGHTY (180) DAYS.27
SB24-018
-42- 2. W ITHDRAWAL SHALL NOT AFFECT THE CONTINUING1
REQUIREMENT OF THE STATE LICENSING BOARD(S) OF THE2
WITHDRAWING STATE TO COMPLY WITH THE INVESTIGATIVE3
AND ADVERSE ACTION REPORTING REQUIREMENTS OF THIS4
C
OMPACT PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL .5
3. U
PON THE ENACTMENT OF A STATUTE WITHDRAWING A6
S
TATE FROM THIS COMPACT, THE STATE SHALL7
IMMEDIATELY PROVIDE NOTICE OF SUCH WITHDRAWAL TO8
ALL LICENSEES WITHIN THAT STATE. SUCH WITHDRAWING9
S
TATE SHALL CONTINUE TO RECOGNIZE ALL LICENSES10
GRANTED PURSUANT TO THIS COMPACT FOR A MINIMUM OF11
ONE HUNDRED EIGHTY (180) DAYS AFTER THE DATE OF12
SUCH NOTICE OF WITHDRAWAL .13
D. N
OTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO14
INVALIDATE OR PREVENT ANY PA LICENSURE AGREEMENT OR15
OTHER COOPERATIVE ARRANGEMENT BETWEEN PARTICIPATING16
S
TATES AND BETWEEN A PARTICIPATING STATE AND17
NON-PARTICIPATING STATE THAT DOES NOT CONFLICT WITH THE18
PROVISIONS OF THIS COMPACT.19
E. T
HIS COMPACT MAY BE AMENDED BY THE PARTICIPATING STATES.20
N
O AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND21
BINDING UPON ANY PARTICIPATING STATE UNTIL IT IS ENACTED22
MATERIALLY IN THE SAME MANNER INTO THE LAWS OF ALL23
P
ARTICIPATING STATES AS DETERMINED BY THE COMMISSION.24
Section 12.  Construction and Severability25
A. T
HIS COMPACT AND THE COMMISSION'S RULEMAKING AUTHORITY26
SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE27
SB24-018
-43- PURPOSES, AND THE IMPLEMENTATION AND ADMINISTRATION OF1
THIS COMPACT. PROVISIONS OF THIS COMPACT EXPRESSLY2
AUTHORIZING OR REQUIRING THE PROMULGATION OF RULES SHALL3
NOT BE CONSTRUED TO LIMIT THE COMMISSION'S RULEMAKING4
AUTHORITY SOLELY FOR THOSE PURPOSES . 5
B. T
HE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE AND IF6
ANY PHRASE, CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT7
IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE8
CONTRARY TO THE CONSTITUTION OF ANY PARTICIPATING STATE,9
A STATE SEEKING PARTICIPATION IN THIS COMPACT, OR OF THE10
U
NITED STATES, OR THE APPLICABILITY THEREOF TO ANY11
GOVERNMENT, AGENCY, PERSON, OR CIRCUMSTANCE IS HELD TO BE12
UNCONSTITUTIONAL BY A COURT OF COMPETENT JURISDICTION , THE13
VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE14
APPLICABILITY THEREOF TO ANY OTHER GOVERNMENT , AGENCY,15
PERSON, OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY . 16
C. N
OTWITHSTANDING SUBSECTION B OF THIS SECTION, THE17
C
OMMISSION MAY DENY A STATE'S PARTICIPATION IN THE18
C
OMPACT OR, IN ACCORDANCE WITH THE REQUIREMENTS OF19
S
ECTION 10.B OF THIS COMPACT, TERMINATE A PARTICIPATING20
S
TATE'S PARTICIPATION IN THE COMPACT, IF IT DETERMINES THAT21
A CONSTITUTIONAL REQUIREMENT OF A PARTICIPATING STATE IS,22
OR WOULD BE WITH RESPECT TO A STATE SEEKING TO PARTICIPATE23
IN THIS COMPACT, A MATERIAL DEPARTURE FROM THE COMPACT.24
O
THERWISE, IF THIS COMPACT SHALL BE HELD TO BE CONTRARY TO25
THE CONSTITUTION OF ANY PARTICIPATING STATE, THIS COMPACT26
SHALL REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING27
SB24-018
-44- PARTICIPATING STATES AND IN FULL FORCE AND EFFECT AS TO THE1
P
ARTICIPATING STATE AFFECTED AS TO ALL SEVERABLE MATTERS . 2
Section 13.  Binding Effect of Compact3
A. N
OTHING HEREIN PREVENTS THE ENFORCEMENT OF ANY OTHER4
LAW OF A PARTICIPATING STATE THAT IS NOT INCONSISTENT WITH5
THIS COMPACT.6
B. A
NY LAWS IN A PARTICIPATING STATE IN CONFLICT WITH THIS7
C
OMPACT ARE SUPERSEDED TO THE EXTENT OF THE CONFLICT .8
C. A
LL AGREEMENTS BETWEEN THE COMMISSION AND THE9
P
ARTICIPATING STATES ARE BINDING IN ACCORDANCE WITH THEIR10
TERMS.11
24-60-4503.  Notice to revisor of statutes - effective date of12
compact. T
HIS PART 45 TAKES EFFECT ON THE DATE THIS COMPACT IS13
ENACTED INTO LAW IN THE SEVENTH COMPACT STATE . THE DIRECTOR OF14
THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF15
REGULATORY AGENCIES SHALL NOTIFY THE REVISOR OF STATUTES IN16
WRITING WHEN THE CONDITION SPECIFIED IN THIS SECTION HAS OCCURRED17
BY E-MAILING THE NOTICE TO REVISOROFSTATUTES .GA@COLEG.GOV. THIS18
PART 45 TAKES EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE THAT19
THE COMPACT IS ENACTED INTO LAW IN THE SEVENTH COMPACT STATE OR20
UPON THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES IF THE21
NOTICE DOES NOT SPECIFY A DIFFERENT DATE . 22
SECTION 2. In Colorado Revised Statutes, add 12-240-146 as23
follows:24
12-240-146. Interstate compact - powers and duties of the25
board - rules - definitions. (1)  A
S USED IN THIS SECTION:26
(a)  "A
DVERSE ACTION" HAS THE MEANING SET FORTH IN SECTION27
SB24-018
-45- 24-60-4502.1
(b)  "C
OMMISSION" MEANS THE PA LICENSURE COMPACT2
COMMISSION CREATED IN SECTION 24-60-4502.3
(c)  "C
OMPACT" MEANS THE PHYSICIAN ASSISTANT LICENSURE4
COMPACT AUTHORIZED IN PART 45 OF ARTICLE 60 OF TITLE 24.5
(d)  "C
OMPACT PRIVILEGE" HAS THE MEANING SET FORTH IN6
SECTION 24-60-4502.7
(e)  "D
ATA SYSTEM" HAS THE MEANING SET FORTH IN SECTION8
24-60-4502.9
(f)  "I
NVESTIGATIVE INFORMATION" HAS THE MEANING SET FORTH10
IN SECTION 24-60-4502.11
(g) "L
ICENSEE" HAS THE MEANING SET FORTH IN SECTION12
24-60-4502.13
(h)  "L
ICENSING BOARD" HAS THE MEANING SET FORTH IN SECTION14
24-60-4502.15
(i)  "P
ARTICIPATING STATE" MEANS A STATE THAT HAS ENACTED16
THE COMPACT.17
(j)  "S
IGNIFICANT INVESTIGATIVE INFORMATION" HAS THE MEANING18
SET FORTH IN SECTION 24-60-4502.19
(2)  I
N ADDITION TO ANY POWERS AND DUTIES SPECIFIED IN THE20
COMPACT FOR PARTICIPATING STATES , THE BOARD HAS THE FOLLOWING21
POWERS AND DUTIES WITH REGARD TO THE COMPACT :22
(a)  T
O FACILITATE COLORADO'S PARTICIPATION IN THE COMPACT;23
(b)  T
O COMPLY WITH THE RULES OF THE COMMISSION ;24
(c)  T
O PROMULGATE RULES IN ACCORDANCE WITH ARTICLE 4 OF25
TITLE 24 AS NECESSARY FOR THE IMPLEMENTATION , ADMINISTRATION,26
AND ENFORCEMENT OF THE COMPACT ;27
SB24-018
-46- (d)  TO APPOINT A PERSON TO SERVE AS A DELEGATE ON AND1
ATTEND MEETINGS OF THE COMMISSION IN ACCORDANCE WITH THE TERMS2
OF THE COMPACT;3
(e)  T
O NOTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS4
OF THE COMPACT AND COMMISSION RULES , OF ANY ADVERSE ACTION OR5
THE AVAILABILITY OF SIGNIFICANT INVESTIGATIVE INFORMATION6
REGARDING A LICENSEE;7
(f)  T
O REQUIRE A LICENSEE TO SUBMIT TO A FINGERPRINT -BASED8
CRIMINAL HISTORY RECORD CHECK IN ACCORDANCE WITH THE9
FOLLOWING:10
(I)  T
HE APPLICANT MUST PAY THE COSTS ASSOCIATED WITH THE11
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK ;12
(II)  A
FTER SUBMITTING AN APPLICATION FOR A COMPACT13
PRIVILEGE, THE APPLICANT SHALL HAVE THE APPLICANT 'S FINGERPRINTS14
TAKEN BY A LOCAL LAW ENFORCEMENT AGENCY OR ANY THIRD PARTY15
APPROVED BY THE COLORADO BUREAU OF INVESTIGATION FOR THE16
PURPOSE OF OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD17
CHECK. THE APPLICANT SHALL AUTHORIZE THE ENTITY TAKING THE18
APPLICANT'S FINGERPRINTS TO SUBMIT, AND THE ENTITY SHALL SUBMIT,19
THE COMPLETE SET OF THE APPLICANT'S FINGERPRINTS TO THE COLORADO20
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A21
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK .22
(III)  I
F AN APPROVED THIRD PARTY TAKES THE PERSON 'S23
FINGERPRINTS, THE FINGERPRINTS MAY BE ELECTRONICALLY CAPTURED24
USING COLORADO BUREAU OF INVESTIGATION -APPROVED LIVESCAN25
EQUIPMENT. THIRD-PARTY VENDORS SHALL NOT KEEP THE APPLICANT 'S26
INFORMATION FOR MORE THAN THIRTY DAYS .27
SB24-018
-47- (IV)  THE COLORADO BUREAU OF INVESTIGATION SHALL USE THE1
APPLICANT'S FINGERPRINTS TO CONDUCT A CRIMINAL HISTORY RECORD2
CHECK USING THE BUREAU 'S RECORDS. THE COLORADO BUREAU OF3
INVESTIGATION SHALL ALSO FORWARD THE FINGERPRINTS TO THE FEDERAL4
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A5
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE COLORADO6
BUREAU OF INVESTIGATION , APPLICANT, BOARD, AND ENTITY TAKING7
FINGERPRINTS SHALL COMPLY WITH THE FEDERAL BUREAU OF8
INVESTIGATION'S REQUIREMENTS TO CONDUCT A CRIMINAL HISTORY9
RECORD CHECK.10
(V)  T
HE COLORADO BUREAU OF INVESTIGATION SHALL RETURN11
THE RESULTS OF ITS CRIMINAL HISTORY RECORD CHECK TO THE BOARD ,12
AND THE BOARD IS AUTHORIZED TO RECEIVE THE RESULTS OF THE FEDERAL13
BUREAU OF INVESTIGATION'S CRIMINAL HISTORY RECORD CHECK . THE14
BOARD SHALL USE THE INFORMATION RESULTING FROM THE CRIMINAL15
HISTORY RECORD CHECKS TO INVESTIGATE AND DETERMINE WHETHER AN16
APPLICANT IS QUALIFIED FOR A COMPACT PRIVILEGE .17
(VI)  T
HE RESULTS OF THE RECORD CHECK ARE CONFIDENTIAL . THE18
BOARD SHALL NOT RELEASE THE RESULTS OF THE RECORD CHECK TO THE19
PUBLIC, THE COMMISSION, A PARTICIPATING STATE, OR OTHER STATE20
LICENSING BOARDS.21
(g)  T
O GRANT A COMPACT PRIVILEGE TO A LICENSEE OF A22
PARTICIPATING STATE IN ACCORDANCE WITH THE TERMS OF THE COMPACT23
AND TO CHARGE A FEE TO INDIVIDUALS APPLYING FOR THE COMPACT24
PRIVILEGE;25
(h)  T
O PARTICIPATE FULLY IN THE DATA SYSTEM CONSISTENT WITH26
THE COMPACT REQUIREMENTS AND THE RULES OF THE COMMISSION ; AND27
SB24-018
-48- (i)  TO APPROVE PAYMENT OF ASSESSMENTS LEVIED BY THE1
COMMISSION TO COVER THE COST OF OPERATIONS AND ACTIVITIES OF THE2
COMMISSION AND ITS STAFF.3
SECTION 3. Act subject to petition - effective date. This act4
takes effect at 12:01 a.m. on the day following the expiration of the5
ninety-day period after final adjournment of the general assembly; except6
that, if a referendum petition is filed pursuant to section 1 (3) of article V7
of the state constitution against this act or an item, section, or part of this8
act within such period, then the act, item, section, or part will not take9
effect unless approved by the people at the general election to be held in10
November 2024 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
SB24-018
-49-