Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0461.01 Josh Schultz x5486
SENATE BILL 24-018
Senate Committees House Committees
Health & Human Services Health & Human Services
Finance Finance
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING THE ENACTMENT OF THE "PHYSICIAN ASSISTANT101
L
ICENSURE COMPACT", AND, IN CONNECTION THEREWITH ,
102
MAKING AN APPROPRIATION .103
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
HOUSE
2nd Reading Unamended
April 24, 2024
SENATE
3rd Reading Unamended
March 18, 2024
SENATE
Amended 2nd Reading
March 15, 2024
SENATE SPONSORSHIP
Simpson and Michaelson Jenet, Bridges, Buckner, Cutter, Exum, Fields, Ginal, Jaquez
Lewis, Marchman, Pelton B., Pelton R., Priola, Will, Winter F., Zenzinger
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. conditions enumerated in the compact to participate in the compact. The
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
018-2- COMPLEMENTS THE EXISTING AUTHORITY OF STATE LICENSING BOARDS1
TO LICENSE AND DISCIPLINE PAS AND SEEKS TO ENHANCE THE2
PORTABILITY OF A LICENSE TO PRACTICE AS A PA WHILE SAFEGUARDING3
THE SAFETY OF PATIENTS. THIS COMPACT ALLOWS MEDICAL SERVICES TO4
BE PROVIDED BY PAS, VIA THE MUTUAL RECOGNITION OF THE LICENSEE'S5
Q
UALIFYING LICENSE BY OTHER COMPACT PARTICIPATING STATES. THIS6
C
OMPACT ALSO ADOPTS THE PREVAILING STANDARD FOR PA LICENSURE7
AND AFFIRMS THAT THE PRACTICE AND DELIVERY OF MEDICAL SERVICES8
BY THE PA OCCURS WHERE THE PATIENT IS LOCATED AT THE TIME OF THE9
PATIENT ENCOUNTER, AND THEREFORE REQUIRES THE PA TO BE UNDER10
THE JURISDICTION OF THE STATE LICENSING BOARD WHERE THE PATIENT11
IS LOCATED. STATE LICENSING BOARDS THAT PARTICIPATE IN THIS12
C
OMPACT RETAIN THE JURISDICTION TO IMPOSE ADVERSE ACTION13
AGAINST A COMPACT PRIVILEGE IN THAT STATE ISSUED TO A PA THROUGH14
THE PROCEDURES OF THIS COMPACT. THE PA LICENSURE COMPACT WILL15
ALLEVIATE BURDENS FOR MILITARY FAMILIES BY ALLOWING ACTIVE DUTY16
MILITARY PERSONNEL AND THEIR SPOUSES TO OBTAIN A COMPACT17
P
RIVILEGE BASED ON HAVING AN UNRESTRICTED LICENSE IN GOOD18
STANDING FROM A PARTICIPATING STATE.19
Section 2. Definitions20
I
N THIS COMPACT:21
A. "A
DVERSE ACTION" MEANS ANY ADMINISTRATIVE , CIVIL,22
EQUITABLE, OR CRIMINAL ACTION PERMITTED BY A STATE'S LAWS23
WHICH IS IMPOSED BY A LICENSING BOARD OR OTHER AUTHORITY24
AGAINST A PA LICENSE OR LICENSE APPLICATION OR COMPACT25
P
RIVILEGE SUCH AS LICENSE DENIAL, CENSURE, REVOCATION,26
SUSPENSION, PROBATION, MONITORING OF THE LICENSEE, OR27
018
-3- RESTRICTION ON THE LICENSEE'S PRACTICE.1
B. "C
OMPACT PRIVILEGE" MEANS THE AUTHORIZATION GRANTED BY2
A REMOTE STATE TO ALLOW A LICENSEE FROM ANOTHER3
P
ARTICIPATING STATE TO PRACTICE AS A PA TO PROVIDE MEDICAL4
S
ERVICES AND OTHER LICENSED ACTIVITY TO A PATIENT LOCATED5
IN THE REMOTE STATE UNDER THE REMOTE STATE'S LAWS AND6
REGULATIONS.7
C. "C
ONVICTION" MEANS A FINDING BY A COURT THAT AN INDIVIDUAL8
IS GUILTY OF A FELONY OR MISDEMEANOR OFFENSE THROUGH9
ADJUDICATION OR ENTRY OF A PLEA OF GUILT OR NO CONTEST TO10
THE CHARGE BY THE OFFENDER .11
D. "C
RIMINAL BACKGROUND CHECK" MEANS THE SUBMISSION OF12
FINGERPRINTS OR OTHER BIOMETRIC -BASED INFORMATION FOR A13
L
ICENSE APPLICANT FOR THE PURPOSE OF OBTAINING THAT14
APPLICANT'S CRIMINAL HISTORY RECORD INFORMATION , AS15
DEFINED IN 28 CFR 20.3 (d), FROM THE STATE'S CRIMINAL HISTORY16
RECORD REPOSITORY AS DEFINED IN 28 CFR 20.3 (f).17
E. "D
ATA SYSTEM" MEANS THE REPOSITORY OF INFORMATION ABOUT18
L
ICENSEES, INCLUDING BUT NOT LIMITED TO LICENSE STATUS AND19
A
DVERSE ACTIONS, WHICH IS CREATED AND ADMINISTERED UNDER20
THE TERMS OF THIS COMPACT.21
F. "E
XECUTIVE COMMITTEE" MEANS A GROUP OF DIRECTORS AND EX22
OFFICIO INDIVIDUALS ELECTED OR APPOINTED PURSUANT TO23
S
ECTION 7.F.2.24
G. "I
MPAIRED PRACTITIONER" MEANS A PA WHOSE PRACTICE IS25
ADVERSELY AFFECTED BY HEALTH -RELATED CONDITION(S) THAT26
IMPACT THEIR ABILITY TO PRACTICE.27
018
-4- H. "INVESTIGATIVE INFORMATION" MEANS INFORMATION, RECORDS,1
OR DOCUMENTS RECEIVED OR GENERATED BY A LICENSING BOARD2
PURSUANT TO AN INVESTIGATION .3
I. "J
URISPRUDENCE REQUIREMENT" MEANS THE ASSESSMENT OF AN4
INDIVIDUAL'S KNOWLEDGE OF THE LAWS AND RULES GOVERNING5
THE PRACTICE OF A PA IN A STATE.6
J. "L
ICENSE" MEANS CURRENT AUTHORIZATION BY A STATE, OTHER7
THAN AUTHORIZATION PURSUANT TO A COMPACT PRIVILEGE, FOR8
A PA TO PROVIDE MEDICAL SERVICES, WHICH WOULD BE9
UNLAWFUL WITHOUT CURRENT AUTHORIZATION .10
K. "L
ICENSEE" MEANS AN INDIVIDUAL WHO HOLDS A LICENSE FROM11
A STATE TO PROVIDE MEDICAL SERVICES AS A PA.12
L. "L
ICENSING BOARD" MEANS ANY STATE ENTITY AUTHORIZED TO13
LICENSE AND OTHERWISE REGULATE PAS.14
M. "M
EDICAL SERVICES" MEANS HEALTH CARE SERVICES PROVIDED15
FOR THE DIAGNOSIS, PREVENTION, TREATMENT, CURE, OR RELIEF OF16
A HEALTH CONDITION, INJURY, OR DISEASE, AS DEFINED BY A17
S
TATE'S LAWS AND REGULATIONS.18
N. "M
ODEL COMPACT" MEANS THE MODEL FOR THE PA LICENSURE19
C
OMPACT ON FILE WITH THE COUNCIL OF STATE GOVERNMENTS OR20
OTHER ENTITY AS DESIGNATED BY THE COMMISSION.21
O. "P
ARTICIPATING STATE" MEANS A STATE THAT HAS ENACTED THIS22
C
OMPACT.23
P. "PA"
MEANS AN INDIVIDUAL WHO IS LICENSED AS A PHYSICIAN24
ASSISTANT IN A STATE. FOR PURPOSES OF THIS COMPACT, ANY25
OTHER TITLE OR STATUS ADOPTED BY A STATE TO REPLACE THE26
TERM "PHYSICIAN ASSISTANT" SHALL BE DEEMED SYNONYMOUS27
018
-5- WITH "PHYSICIAN ASSISTANT" AND SHALL CONFER THE SAME1
RIGHTS AND RESPONSIBILITIES TO THE LICENSEE UNDER THE2
PROVISIONS OF THIS COMPACT AT THE TIME OF ITS ENACTMENT .3
Q. "PA
LICENSURE COMPACT COMMISSION," "COMPACT4
C
OMMISSION," OR "COMMISSION" MEANS THE NATIONAL5
ADMINISTRATIVE BODY CREATED PURSUANT TO SECTION 7.A OF6
THIS COMPACT.7
R. "Q
UALIFYING LICENSE" MEANS AN UNRESTRICTED LICENSE ISSUED8
BY A PARTICIPATING STATE TO PROVIDE MEDICAL SERVICES AS A9
PA.10
S. "R
EMOTE STATE" MEANS A PARTICIPATING STATE WHERE A11
L
ICENSEE WHO IS NOT LICENSED AS A PA IS EXERCISING OR12
SEEKING TO EXERCISE THE COMPACT PRIVILEGE.13
T. "R
ULE" MEANS A REGULATION PROMULGATED BY AN ENTITY THAT14
HAS THE FORCE AND EFFECT OF LAW.15
U. "S
IGNIFICANT INVESTIGATIVE INFORMATION" MEANS16
I
NVESTIGATIVE INFORMATION THAT A LICENSING BOARD, AFTER17
AN INQUIRY OR INVESTIGATION THAT INCLUDES NOTIFICATION AND18
AN OPPORTUNITY FOR THE PA TO RESPOND IF REQUIRED BY STATE19
LAW, HAS REASON TO BELIEVE IS NOT GROUNDLESS AND, IF PROVEN20
TRUE, WOULD INDICATE MORE THAN A MINOR INFRACTION .21
V. "S
TATE" MEANS ANY STATE , COMMONWEALTH , DISTRICT, OR22
TERRITORY OF THE UNITED STATES.23
Section 3. State Participation in this Compact24
A. T
O PARTICIPATE IN THIS COMPACT, A PARTICIPATING STATE SHALL:25
1. L
ICENSE PAS;26
2. P
ARTICIPATE IN THE COMPACT COMMISSION'S DATA27
018
-6- SYSTEM;1
3. H
AVE A MECHANISM IN PLACE FOR RECEIVING AND2
INVESTIGATING COMPLAINTS AGAINST LICENSEES AND3
L
ICENSE APPLICANTS;4
4. N
OTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS5
OF THIS COMPACT AND COMMISSION RULES, OF ANY6
A
DVERSE ACTION AGAINST A LICENSEE OR LICENSE7
APPLICANT AND THE EXISTENCE OF SIGNIFICANT8
I
NVESTIGATIVE INFORMATION REGARDING A LICENSEE OR9
L
ICENSE APPLICANT;10
5. F
ULLY IMPLEMENT A CRIMINAL BACKGROUND CHECK11
REQUIREMENT, WITHIN A TIME FRAME ESTABLISHED BY12
C
OMMISSION RULE, BY ITS LICENSING BOARD RECEIVING13
THE RESULTS OF A CRIMINAL BACKGROUND CHECK AND14
REPORTING TO THE COMMISSION WHETHER THE LICENSE15
APPLICANT HAS BEEN GRANTED A LICENSE;16
6. C
OMPLY WITH THE RULES OF THE COMPACT COMMISSION;17
7. U
TILIZE PASSAGE OF A RECOGNIZED NATIONAL EXAM SUCH18
AS THE NATIONAL COMMISSION ON CERTIFICATION OF19
P
HYSICIAN ASSISTANTS PHYSICIAN ASSISTANT NATIONAL20
C
ERTIFYING EXAMINATION AS A REQUIREMENT FOR PA21
LICENSURE;22
8. G
RANT THE COMPACT PRIVILEGE TO A HOLDER OF A23
Q
UALIFYING LICENSE IN A PARTICIPATING STATE.24
B. N
OTHING IN THIS COMPACT PROHIBITS A PARTICIPATING STATE25
FROM CHARGING A FEE FOR GRANTING THE COMPACT PRIVILEGE.26
Section 4. Compact Privilege27
018
-7- A. TO EXERCISE THE COMPACT PRIVILEGE, A LICENSEE MUST:1
1. H
AVE GRADUATED FROM A PA PROGRAM ACCREDITED BY2
THE ACCREDITATION REVIEW COMMISSION ON EDUCATION3
FOR THE PHYSICIAN ASSISTANT, INC., OR OTHER PROGRAMS4
AUTHORIZED BY COMMISSION RULE;5
2. H
OLD CURRENT NATIONAL COMMISSION ON CERTIFICATION6
OF PHYSICIAN ASSISTANTS CERTIFICATION;7
3. H
AVE NO FELONY OR MISDEMEANOR CONVICTION;8
4. H
AVE NEVER HAD A CONTROLLED SUBSTANCE LICENSE ,9
PERMIT, OR REGISTRATION SUSPENDED OR REVOKED BY A10
S
TATE OR BY THE UNITED STATES DRUG ENFORCEMENT11
A
DMINISTRATION;12
5. H
AVE A UNIQUE IDENTIFIER AS DETERMINED BY13
C
OMMISSION RULE;14
6. H
OLD A QUALIFYING LICENSE;15
7. H
AVE HAD NO REVOCATION OF A LICENSE OR LIMITATION16
OR RESTRICTION ON ANY LICENSE CURRENTLY HELD DUE TO17
AN ADVERSE ACTION;18
8. I
F A LICENSEE HAS HAD A LIMITATION OR RESTRICTION ON19
A LICENSE OR COMPACT PRIVILEGE DUE TO AN ADVERSE20
A
CTION, TWO YEARS MUST HAVE ELAPSED FROM THE DATE21
ON WHICH THE LICENSE OR COMPACT PRIVILEGE IS NO22
LONGER LIMITED OR RESTRICTED DUE TO THE ADVERSE23
A
CTION;24
9. I
F A COMPACT PRIVILEGE HAS BEEN REVOKED OR IS LIMITED25
OR RESTRICTED IN A PARTICIPATING STATE FOR CONDUCT26
THAT WOULD NOT BE A BASIS FOR DISCIPLINARY ACTION IN27
018
-8- A PARTICIPATING STATE IN WHICH THE LICENSEE IS1
PRACTICING OR APPLYING TO PRACTICE UNDER A COMPACT2
P
RIVILEGE, THAT PARTICIPATING STATE SHALL HAVE THE3
DISCRETION NOT TO CONSIDER SUCH ACTION AS AN4
A
DVERSE ACTION REQUIRING THE DENIAL OR REMOVAL OF5
A COMPACT PRIVILEGE IN THAT STATE; 6
10. N
OTIFY THE COMPACT COMMISSION THAT THE LICENSEE IS7
SEEKING THE COMPACT PRIVILEGE IN A REMOTE STATE;8
11. M
EET ANY JURISPRUDENCE REQUIREMENT OF A REMOTE9
S
TATE IN WHICH THE LICENSEE IS SEEKING TO PRACTICE10
UNDER THE COMPACT PRIVILEGE AND PAY ANY FEES11
APPLICABLE TO SATISFYING THE JURISPRUDENCE12
R
EQUIREMENT;13
12. R
EPORT TO THE COMMISSION ANY ADVERSE ACTION TAKEN14
BY A NON-PARTICIPATING STATE WITHIN THIRTY (30) DAYS15
AFTER THE ACTION IS TAKEN.16
B. T
HE COMPACT PRIVILEGE IS VALID UNTIL THE EXPIRATION OR17
REVOCATION OF THE QUALIFYING LICENSE UNLESS TERMINATED18
PURSUANT TO AN ADVERSE ACTION. THE LICENSEE MUST ALSO19
COMPLY WITH ALL OF THE REQUIREMENTS OF SUBSECTION A OF20
THIS SECTION TO MAINTAIN THE COMPACT PRIVILEGE IN A REMOTE21
S
TATE. IF THE PARTICIPATING STATE TAKES ADVERSE ACTION22
AGAINST A QUALIFYING LICENSE, THE LICENSEE SHALL LOSE THE23
C
OMPACT PRIVILEGE IN ANY REMOTE STATE IN WHICH THE24
L
ICENSEE HAS A COMPACT PRIVILEGE UNTIL ALL OF THE25
FOLLOWING OCCUR:26
1. T
HE LICENSE IS NO LONGER LIMITED OR RESTRICTED; AND27
018
-9- 2. TWO (2) YEARS HAVE ELAPSED FROM THE DATE ON WHICH1
THE LICENSE IS NO LONGER LIMITED OR RESTRICTED DUE TO2
THE ADVERSE ACTION.3
C. O
NCE A RESTRICTED OR LIMITED LICENSE SATISFIES THE4
REQUIREMENTS OF SUBSECTIONS B.1 AND B.2 OF THIS SECTION,5
THE LICENSEE MUST MEET THE REQUIREMENTS OF SUBSECTION A6
OF THIS SECTION TO OBTAIN A COMPACT PRIVILEGE IN ANY7
R
EMOTE STATE.8
D. F
OR EACH REMOTE STATE IN WHICH A PA SEEKS AUTHORITY TO9
PRESCRIBE CONTROLLED SUBSTANCES , THE PA SHALL SATISFY ALL10
REQUIREMENTS IMPOSED BY SUCH STATE IN GRANTING OR11
RENEWING SUCH AUTHORITY .12
Section 5. Designation of the State from Which Licensee is13
Applying for a Compact Privilege14
A. U
PON A LICENSEE'S APPLICATION FOR A COMPACT PRIVILEGE, THE15
L
ICENSEE SHALL IDENTIFY TO THE COMMISSION THE16
P
ARTICIPATING STATE FROM WHICH THE LICENSEE IS APPLYING, IN17
ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE18
C
OMMISSION, AND SUBJECT TO THE FOLLOWING REQUIREMENTS :19
1. W
HEN APPLYING FOR A COMPACT PRIVILEGE, THE LICENSEE20
SHALL PROVIDE THE COMMISSION WITH THE ADDRESS OF21
THE LICENSEE'S PRIMARY RESIDENCE AND THEREAFTER22
SHALL IMMEDIATELY REPORT TO THE COMMISSION ANY23
CHANGE IN THE ADDRESS OF THE LICENSEE'S PRIMARY24
RESIDENCE.25
2. W
HEN APPLYING FOR A COMPACT PRIVILEGE, THE LICENSEE26
IS REQUIRED TO CONSENT TO ACCEPT SERVICE OF PROCESS27
018
-10- BY MAIL AT THE LICENSEE'S PRIMARY RESIDENCE ON FILE1
WITH THE COMMISSION WITH RESPECT TO ANY ACTION2
BROUGHT AGAINST THE LICENSEE BY THE COMMISSION OR3
A PARTICIPATING STATE, INCLUDING A SUBPOENA, WITH4
RESPECT TO ANY ACTION BROUGHT OR INVESTIGATION5
CONDUCTED BY THE COMMISSION OR A PARTICIPATING6
S
TATE.7
Section 6. Adverse Actions8
A. A
PARTICIPATING STATE IN WHICH A LICENSEE IS LICENSED SHALL9
HAVE EXCLUSIVE POWER TO IMPOSE ADVERSE ACTION AGAINST10
THE QUALIFYING LICENSE ISSUED BY THAT PARTICIPATING STATE.11
B. I
N ADDITION TO THE OTHER POWERS CONFERRED BY STATE LAW, A12
R
EMOTE STATE SHALL HAVE THE AUTHORITY , IN ACCORDANCE13
WITH EXISTING STATE DUE PROCESS LAW , TO DO ALL OF THE14
FOLLOWING:15
1. T
AKE ADVERSE ACTION AGAINST A PA'S COMPACT16
P
RIVILEGE WITHIN THAT STATE TO REMOVE A LICENSEE'S17
C
OMPACT PRIVILEGE OR TAKE OTHER ACTION NECESSARY18
UNDER APPLICABLE LAW TO PROTECT THE HEALTH AND19
SAFETY OF ITS CITIZENS.20
2. I
SSUE SUBPOENAS FOR BOTH HEARINGS AND21
INVESTIGATIONS THAT REQUIRE THE ATTENDANCE AND22
TESTIMONY OF WITNESSES AS WELL AS THE PRODUCTION OF23
EVIDENCE. SUBPOENAS ISSUED BY A LICENSING BOARD IN24
A PARTICIPATING STATE FOR THE ATTENDANCE AND25
TESTIMONY OF WITNESSES OR THE PRODUCTION OF26
EVIDENCE FROM ANOTHER PARTICIPATING STATE SHALL BE27
018
-11- ENFORCED IN THE LATTER STATE BY ANY COURT OF1
COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE2
AND PROCEDURE OF THAT COURT APPLICABLE TO3
SUBPOENAS ISSUED IN PROCEEDINGS PENDING BEFORE IT .4
T
HE ISSUING AUTHORITY SHALL PAY ANY WITNESS FEES ,5
TRAVEL EXPENSES, MILEAGE, AND OTHER FEES REQUIRED BY6
THE SERVICE STATUTES OF THE STATE IN WHICH THE7
EVIDENCE OR WITNESSES ARE LOCATED .8
3. N
OTWITHSTANDING SUBSECTION A.2 OF THIS SECTION,9
SUBPOENAS MAY NOT BE ISSUED BY A PARTICIPATING10
S
TATE TO GATHER EVIDENCE OF CONDUCT IN ANOTHER11
S
TATE THAT IS LAWFUL IN THAT OTHER STATE FOR THE12
PURPOSE OF TAKING ADVERSE ACTION AGAINST A13
L
ICENSEE'S COMPACT PRIVILEGE OR APPLICATION FOR A14
C
OMPACT PRIVILEGE IN THAT PARTICIPATING STATE.15
4. N
OTHING IN THIS COMPACT AUTHORIZES A PARTICIPATING16
S
TATE TO IMPOSE DISCIPLINE AGAINST A PA'S COMPACT17
P
RIVILEGE OR TO DENY AN APPLICATION FOR A COMPACT18
P
RIVILEGE IN THAT PARTICIPATING STATE FOR THE19
INDIVIDUAL'S OTHERWISE LAWFUL PRACTICE IN ANOTHER20
S
TATE.21
C. F
OR PURPOSES OF TAKING ADVERSE ACTION, THE PARTICIPATING22
S
TATE WHICH ISSUED THE QUALIFYING LICENSE SHALL GIVE THE23
SAME PRIORITY AND EFFECT TO REPORTED CONDUCT RECEIVED24
FROM ANY OTHER PARTICIPATING STATE AS IT WOULD IF THE25
CONDUCT HAD OCCURRED WITHIN THE PARTICIPATING STATE26
WHICH ISSUED THE QUALIFYING LICENSE. IN SO DOING, THAT27
018
-12- PARTICIPATING STATE SHALL APPLY ITS OWN STATE LAWS TO1
DETERMINE APPROPRIATE ACTION .2
D. A
PARTICIPATING STATE, IF OTHERWISE PERMITTED BY STATE LAW,3
MAY RECOVER FROM THE AFFECTED PA THE COSTS OF4
INVESTIGATIONS AND DISPOSITION OF CASES RESULTING FROM ANY5
A
DVERSE ACTION TAKEN AGAINST THAT PA.6
E. A
PARTICIPATING STATE MAY TAKE ADVERSE ACTION BASED ON7
THE FACTUAL FINDINGS OF A REMOTE STATE, PROVIDED THAT THE8
P
ARTICIPATING STATE FOLLOWS ITS OWN PROCEDURES FOR TAKING9
THE ADVERSE ACTION.10
F. J
OINT INVESTIGATIONS11
1. I
N ADDITION TO THE AUTHORITY GRANTED TO A12
P
ARTICIPATING STATE BY ITS RESPECTIVE STATE PA LAWS13
AND REGULATIONS OR OTHER APPLICABLE STATE LAW, ANY14
P
ARTICIPATING STATE MAY PARTICIPATE WITH OTHER15
P
ARTICIPATING STATES IN JOINT INVESTIGATIONS OF16
L
ICENSEES.17
2. P
ARTICIPATING STATES SHALL SHARE ANY INVESTIGATIVE ,18
LITIGATION, OR COMPLIANCE MATERIALS IN FURTHERANCE19
OF ANY JOINT OR INDIVIDUAL INVESTIGATION INITIATED20
UNDER THIS COMPACT.21
G. I
F AN ADVERSE ACTION IS TAKEN AGAINST A PA'S QUALIFYING22
L
ICENSE, THE PA'S COMPACT PRIVILEGE IN ALL REMOTE STATES23
SHALL BE DEACTIVATED UNTIL TWO (2) YEARS HAVE ELAPSED24
AFTER ALL RESTRICTIONS HAVE BEEN REMOVED FROM THE STATE25
L
ICENSE. ALL DISCIPLINARY ORDERS BY THE PARTICIPATING STATE26
WHICH ISSUED THE QUALIFYING LICENSE THAT IMPOSE ADVERSE27
018
-13- ACTION AGAINST A PA'S LICENSE SHALL INCLUDE A STATEMENT1
THAT THE PA'S COMPACT PRIVILEGE IS DEACTIVATED IN ALL2
P
ARTICIPATING STATES DURING THE PENDENCY OF THE ORDER .3
H. I
F ANY PARTICIPATING STATE TAKES ADVERSE ACTION, IT4
PROMPTLY SHALL NOTIFY THE ADMINISTRATOR OF THE DATA5
S
YSTEM.6
Section 7. Establishment of the7
PA Licensure Compact Commission8
A. T
HE PARTICIPATING STATES HEREBY CREATE AND ESTABLISH A9
JOINT GOVERNMENT AGENCY AND NATIONAL ADMINISTRATIVE10
BODY KNOWN AS THE PA LICENSURE COMPACT COMMISSION. THE11
C
OMMISSION IS AN INSTRUMENTALITY OF THE COMPACT STATES12
ACTING JOINTLY AND NOT AN INSTRUMENTALITY OF ANY ONE13
S
TATE. THE COMMISSION SHALL COME INTO EXISTENCE ON OR14
AFTER THE EFFECTIVE DATE OF THE COMPACT AS SET FORTH IN15
S
ECTION 11.A OF THIS COMPACT.16
B. M
EMBERSHIP, VOTING, AND MEETINGS17
1. E
ACH PARTICIPATING STATE SHALL HAVE AND BE LIMITED18
TO ONE (1) DELEGATE SELECTED BY THAT PARTICIPATING19
S
TATE'S LICENSING BOARD OR, IF THE STATE HAS MORE20
THAN ONE LICENSING BOARD, SELECTED COLLECTIVELY BY21
THE PARTICIPATING STATE'S LICENSING BOARDS.22
2. T
HE DELEGATE SHALL BE EITHER:23
a. A
CURRENT PA, PHYSICIAN, OR PUBLIC MEMBER OF24
A LICENSING BOARD OR PA COUNCIL/COMMITTEE;25
OR26
b. A
N ADMINISTRATOR OF A LICENSING BOARD.27
018
-14- 3. ANY DELEGATE MAY BE REMOVED OR SUSPENDED FROM1
OFFICE AS PROVIDED BY THE LAWS OF THE STATE FROM2
WHICH THE DELEGATE IS APPOINTED.3
4. T
HE PARTICIPATING STATE LICENSING BOARD SHALL FILL4
ANY VACANCY OCCURRING IN THE COMMISSION WITHIN5
SIXTY (60) DAYS.6
5. E
ACH DELEGATE SHALL BE ENTITLED TO ONE (1) VOTE ON7
ALL MATTERS VOTED ON BY THE COMMISSION AND SHALL8
OTHERWISE HAVE AN OPPORTUNITY TO PARTICIPATE IN THE9
BUSINESS AND AFFAIRS OF THE COMMISSION. A DELEGATE10
SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS11
PROVIDED IN THE BYLAWS. THE BYLAWS MAY PROVIDE FOR12
DELEGATES' PARTICIPATION IN MEETINGS BY13
TELECOMMUNICATIONS , VIDEO CONFERENCE, OR OTHER14
MEANS OF COMMUNICATION .15
6. T
HE COMMISSION SHALL MEET AT LEAST ONCE DURING16
EACH CALENDAR YEAR. ADDITIONAL MEETINGS SHALL BE17
HELD AS SET FORTH IN THIS COMPACT AND THE BYLAWS .18
7. T
HE COMMISSION SHALL ESTABLISH BY RULE A TERM OF19
OFFICE FOR DELEGATES.20
C. T
HE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND21
DUTIES:22
1. E
STABLISH A CODE OF ETHICS FOR THE COMMISSION;23
2. E
STABLISH THE FISCAL YEAR OF THE COMMISSION;24
3. E
STABLISH FEES;25
4. E
STABLISH BYLAWS;26
5. M
AINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH27
018
-15- THE BYLAWS;1
6. M
EET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH2
THE PROVISIONS OF THIS COMPACT AND THE BYLAWS ;3
7. P
ROMULGATE RULES TO FACILITATE AND COORDINATE4
IMPLEMENTATION AND ADMINISTRATION OF THIS COMPACT.5
T
HE RULES SHALL HAVE THE FORCE AND EFFECT OF LAW6
AND SHALL BE BINDING IN ALL PARTICIPATING STATES.7
8. B
RING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN8
THE NAME OF THE COMMISSION, PROVIDED THAT THE9
STANDING OF ANY STATE LICENSING BOARD TO SUE OR BE10
SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED ;11
9. P
URCHASE AND MAINTAIN INSURANCE AND BONDS ;12
10. B
ORROW, ACCEPT, OR CONTRACT FOR SERVICES OF13
PERSONNEL, INCLUDING, BUT NOT LIMITED TO, EMPLOYEES14
OF A PARTICIPATING STATE;15
11. H
IRE EMPLOYEES AND ENGAGE CONTRACTORS , ELECT OR16
APPOINT OFFICERS, FIX COMPENSATION, DEFINE DUTIES,17
GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO18
CARRY OUT THE PURPOSES OF THIS COMPACT, AND19
ESTABLISH THE COMMISSION'S PERSONNEL POLICIES AND20
PROGRAMS RELATING TO CONFLICTS OF INTEREST ,21
QUALIFICATIONS OF PERSONNEL , AND OTHER RELATED22
PERSONNEL MATTERS;23
12. A
CCEPT ANY AND ALL APPROPRIATE DONATIONS AND24
GRANTS OF MONEY, EQUIPMENT, SUPPLIES, MATERIALS, AND25
SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE26
SAME; PROVIDED THAT AT ALL TIMES THE COMMISSION27
018
-16- SHALL AVOID ANY APPEARANCE OF IMPROPRIETY OR1
CONFLICT OF INTEREST;2
13. L
EASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR3
DONATIONS OF, OR OTHERWISE OWN, HOLD, IMPROVE, OR4
USE, ANY PROPERTY, REAL, PERSONAL, OR MIXED; PROVIDED5
THAT AT ALL TIMES THE COMMISSION SHALL AVOID ANY6
APPEARANCE OF IMPROPRIETY;7
14. S
ELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,8
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY, REAL,9
PERSONAL, OR MIXED;10
15. E
STABLISH A BUDGET AND MAKE EXPENDITURES ;11
16. B
ORROW MONEY;12
17. A
PPOINT COMMITTEES, INCLUDING STANDING COMMITTEES13
COMPOSED OF MEMBERS , STATE REGULATORS, STATE14
LEGISLATORS OR THEIR REPRESENTATIVES , AND CONSUMER15
REPRESENTATIVES, AND SUCH OTHER INTERESTED PERSONS16
AS MAY BE DESIGNATED IN THIS COMPACT AND THE17
BYLAWS;18
18. P
ROVIDE AND RECEIVE INFORMATION FROM , AND19
COOPERATE WITH, LAW ENFORCEMENT AGENCIES ;20
19. E
LECT A CHAIR, VICE CHAIR, SECRETARY, AND TREASURER21
AND SUCH OTHER OFFICERS OF THE COMMISSION AS22
PROVIDED IN THE COMMISSION'S BYLAWS;23
20. R
ESERVE FOR ITSELF, IN ADDITION TO THOSE RESERVED24
EXCLUSIVELY TO THE COMMISSION UNDER THE COMPACT,25
POWERS THAT THE EXECUTIVE COMMITTEE MAY NOT26
EXERCISE;27
018
-17- 21. APPROVE OR DISAPPROVE A STATE'S PARTICIPATION IN THE1
C
OMPACT BASED UPON ITS DETERMINATION AS TO WHETHER2
THE STATE'S COMPACT LEGISLATION DEPARTS IN A3
MATERIAL MANNER FROM THE MODEL COMPACT4
LANGUAGE;5
22. P
REPARE AND PROVIDE TO THE PARTICIPATING STATES AN6
ANNUAL REPORT; AND7
23. P
ERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY8
OR APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS9
C
OMPACT CONSISTENT WITH THE STATE REGULATION OF PA10
LICENSURE AND PRACTICE.11
D. M
EETINGS OF THE COMMISSION12
1. A
LL MEETINGS OF THE COMMISSION THAT ARE NOT CLOSED13
PURSUANT TO THIS SUBSECTION D.1 SHALL BE OPEN TO THE14
PUBLIC. NOTICE OF PUBLIC MEETINGS SHALL BE POSTED ON15
THE COMMISSION'S WEBSITE AT LEAST THIRTY (30) DAYS16
PRIOR TO THE PUBLIC MEETING.17
2. N
OTWITHSTANDING SUBSECTION D.1 OF THIS SECTION, THE18
C
OMMISSION MAY CONVENE A PUBLIC MEETING BY19
PROVIDING AT LEAST TWENTY -FOUR (24) HOURS PRIOR20
NOTICE ON THE COMMISSION'S WEBSITE, AND ANY OTHER21
MEANS AS PROVIDED IN THE COMMISSION'S RULES, FOR ANY22
OF THE REASONS IT MAY DISPENSE WITH NOTICE OF23
PROPOSED RULEMAKING UNDER SECTION 9.L OF THIS24
C
OMPACT.25
3. T
HE COMMISSION MAY CONVENE IN A CLOSED , NON-PUBLIC26
MEETING OR NON-PUBLIC PART OF A PUBLIC MEETING TO27
018
-18- RECEIVE LEGAL ADVICE OR TO DISCUSS:1
a. N
ON-COMPLIANCE OF A PARTICIPATING STATE WITH2
ITS OBLIGATIONS UNDER THIS COMPACT;3
b. T
HE EMPLOYMENT, COMPENSATION, DISCIPLINE OR4
OTHER ENFORCEMENT MATTERS , PRACTICES, OR5
PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR6
OTHER MATTERS RELATED TO THE COMMISSION'S7
INTERNAL PERSONNEL PRACTICES AND PROCEDURES ;8
c. C
URRENT, THREATENED , OR REASONABLY9
ANTICIPATED LITIGATION;10
d. N
EGOTIATION OF CONTRACTS FOR THE PURCHASE ,11
LEASE, OR SALE OF GOODS, SERVICES, OR REAL12
ESTATE;13
e. A
CCUSING ANY PERSON OF A CRIME OR FORMALLY14
CENSURING ANY PERSON;15
f. D
ISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR16
FINANCIAL INFORMATION THAT IS PRIVILEGED OR17
CONFIDENTIAL;18
g. D
ISCLOSURE OF INFORMATION OF A PERSONAL19
NATURE WHERE DISCLOSURE WOULD CONSTITUTE A20
CLEARLY UNWARRANTED INVASION OF PERSONAL21
PRIVACY;22
h. D
ISCLOSURE OF INVESTIGATIVE RECORDS COMPILED23
FOR LAW ENFORCEMENT PURPOSES ;24
i. D
ISCLOSURE OF INFORMATION RELATED TO ANY25
INVESTIGATIVE REPORTS PREPARED BY OR ON26
BEHALF OF OR FOR USE OF THE COMMISSION OR27
018
-19- OTHER COMMITTEE CHARGED WITH RESPONSIBILITY1
OF INVESTIGATION OR DETERMINATION OF2
COMPLIANCE ISSUES PURSUANT TO THIS COMPACT;3
j. L
EGAL ADVICE; OR4
k. M
ATTERS SPECIFICALLY EXEMPTED FROM5
DISCLOSURE BY FEDERAL OR PARTICIPATING STATES'6
STATUTES.7
4. I
F A MEETING, OR PORTION OF A MEETING , IS CLOSED8
PURSUANT TO THIS SUBSECTION D, THE CHAIR OF THE9
MEETING OR THE CHAIR'S DESIGNEE SHALL CERTIFY THAT10
THE MEETING OR PORTION OF THE MEETING MAY BE CLOSED11
AND SHALL REFERENCE EACH RELEVANT EXEMPTING12
PROVISION.13
5. T
HE COMMISSION SHALL KEEP MINUTES THAT FULLY AND14
CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING15
AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF16
ACTIONS TAKEN, INCLUDING A DESCRIPTION OF THE VIEWS17
EXPRESSED. ALL DOCUMENTS CONSIDERED IN CONNECTION18
WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES .19
A
LL MINUTES AND DOCUMENTS OF A CLOSED MEETING20
SHALL REMAIN UNDER SEAL , SUBJECT TO RELEASE BY A21
MAJORITY VOTE OF THE COMMISSION OR ORDER OF A COURT22
OF COMPETENT JURISDICTION.23
E. F
INANCING OF THE COMMISSION24
1. T
HE COMMISSION SHALL PAY , OR PROVIDE FOR THE25
PAYMENT OF, THE REASONABLE EXPENSES OF ITS26
ESTABLISHMENT, ORGANIZATION, AND ONGOING ACTIVITIES.27
018
-20- 2. THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRIATE1
REVENUE SOURCES, DONATIONS, AND GRANTS OF MONEY,2
EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES.3
3. T
HE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL4
ASSESSMENT FROM EACH PARTICIPATING STATE AND MAY5
IMPOSE COMPACT PRIVILEGE FEES ON LICENSEES OF6
P
ARTICIPATING STATES TO WHOM A COMPACT PRIVILEGE IS7
GRANTED TO COVER THE COST OF THE OPERATIONS AND8
ACTIVITIES OF THE COMMISSION AND ITS STAFF, WHICH9
MUST BE IN A TOTAL AMOUNT SUFFICIENT TO COVER ITS10
ANNUAL BUDGET AS APPROVED BY THE COMMISSION EACH11
YEAR FOR WHICH REVENUE IS NOT PROVIDED BY OTHER12
SOURCES. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT13
LEVIED ON PARTICIPATING STATES SHALL BE ALLOCATED14
BASED UPON A FORMULA TO BE DETERMINED BY15
C
OMMISSION RULE.16
a. A
COMPACT PRIVILEGE EXPIRES WHEN THE17
L
ICENSEE'S QUALIFYING LICENSE IN THE18
P
ARTICIPATING STATE FROM WHICH THE LICENSEE19
APPLIED FOR THE COMPACT PRIVILEGE EXPIRES.20
b. I
F THE LICENSEE TERMINATES THE QUALIFYING21
L
ICENSE THROUGH WHICH THE LICENSEE APPLIED22
FOR THE COMPACT PRIVILEGE BEFORE ITS23
SCHEDULED EXPIRATION, AND THE LICENSEE HAS A24
Q
UALIFYING LICENSE IN ANOTHER PARTICIPATING25
S
TATE, THE LICENSEE SHALL INFORM THE26
C
OMMISSION THAT THE LICENSEE IS CHANGING TO27
018
-21- THAT PARTICIPATING STATE THE PARTICIPATING1
S
TATE THROUGH WHICH IT APPLIES FOR A COMPACT2
P
RIVILEGE AND PAY TO THE COMMISSION ANY3
C
OMPACT PRIVILEGE FEE REQUIRED BY COMMISSION4
R
ULE.5
4. T
HE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY6
KIND PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET7
THE SAME; NOR SHALL THE COMMISSION PLEDGE THE8
CREDIT OF ANY OF THE PARTICIPATING STATES, EXCEPT BY9
AND WITH THE AUTHORITY OF THE PARTICIPATING STATE.10
5. T
HE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL11
RECEIPTS AND DISBURSEMENTS . THE RECEIPTS AND12
DISBURSEMENTS OF THE COMMISSION SHALL BE SUBJECT TO13
THE FINANCIAL REVIEW AND ACCOUNTING PROCEDURES14
ESTABLISHED UNDER ITS BYLAWS . ALL RECEIPTS AND15
DISBURSEMENTS OF FUNDS HANDLED BY THE COMMISSION16
SHALL BE SUBJECT TO AN ANNUAL FINANCIAL REVIEW BY A17
CERTIFIED OR LICENSED PUBLIC ACCOUNTANT , AND THE18
REPORT OF THE FINANCIAL REVIEW SHALL BE INCLUDED IN19
AND BECOME PART OF THE ANNUAL REPORT OF THE20
C
OMMISSION.21
F. T
HE EXECUTIVE COMMITTEE22
1. T
HE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO23
ACT ON BEHALF OF THE COMMISSION ACCORDING TO THE24
TERMS OF THIS COMPACT AND COMMISSION RULES.25
2. T
HE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF NINE26
(9)
MEMBERS:27
018
-22- a. SEVEN (7) VOTING MEMBERS WHO ARE ELECTED BY1
THE COMMISSION FROM THE CURRENT MEMBERSHIP2
OF THE COMMISSION;3
b. O
NE (1) EX OFFICIO, NONVOTING MEMBER FROM A4
RECOGNIZED NATIONAL PA PROFESSIONAL5
ASSOCIATION; AND6
c. O
NE (1) EX OFFICIO, NONVOTING MEMBER FROM A7
RECOGNIZED NATIONAL PA CERTIFICATION8
ORGANIZATION.9
3. T
HE EX OFFICIO MEMBERS WILL BE SELECTED BY THEIR10
RESPECTIVE ORGANIZATIONS.11
4. T
HE COMMISSION MAY REMOVE ANY MEMBER OF THE12
E
XECUTIVE COMMITTEE AS PROVIDED IN ITS BYLAWS .13
5. T
HE EXECUTIVE COMMITTEE SHALL MEET AT LEAST14
ANNUALLY.15
6. T
HE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING16
DUTIES AND RESPONSIBILITIES:17
a. R
ECOMMEND TO THE COMMISSION CHANGES TO THE18
C
OMMISSION'S RULES OR BYLAWS, CHANGES TO THIS19
C
OMPACT LEGISLATION, FEES TO BE PAID BY20
C
OMPACT PARTICIPATING STATES SUCH AS ANNUAL21
DUES, AND ANY COMMISSION COMPACT FEE22
CHARGED TO LICENSEES FOR THE COMPACT23
P
RIVILEGE;24
b. E
NSURE COMPACT ADMINISTRATION SERVICES ARE25
APPROPRIATELY PROVIDED , CONTRACTUAL OR26
OTHERWISE;27
018
-23- c. PREPARE AND RECOMMEND THE BUDGET ;1
d. M
AINTAIN FINANCIAL RECORDS ON BEHALF OF THE2
C
OMMISSION;3
e. M
ONITOR COMPACT COMPLIANCE OF PARTICIPATING4
S
TATES AND PROVIDE COMPLIANCE REPORTS TO THE5
C
OMMISSION;6
f. E
STABLISH ADDITIONAL COMMITTEES AS7
NECESSARY;8
g. E
XERCISE THE POWERS AND DUTIES OF THE9
C
OMMISSION DURING THE INTERIM BETWEEN10
C
OMMISSION MEETINGS , EXCEPT FOR ISSUING11
PROPOSED RULEMAKING OR ADOPTING COMMISSION12
R
ULES OR BYLAWS, OR EXERCISING ANY OTHER13
POWERS AND DUTIES EXCLUSIVELY RESERVED TO14
THE COMMISSION BY THE COMMISSION'S RULES;15
AND16
h. P
ERFORM OTHER DUTIES AS PROVIDED IN THE17
C
OMMISSION'S RULES OR BYLAWS.18
7. A
LL MEETINGS OF THE EXECUTIVE COMMITTEE AT WHICH19
IT VOTES OR PLANS TO VOTE ON MATTERS IN EXERCISING20
THE POWERS AND DUTIES OF THE COMMISSION SHALL BE21
OPEN TO THE PUBLIC , AND PUBLIC NOTICE OF SUCH22
MEETINGS SHALL BE GIVEN AS PUBLIC MEETINGS OF THE23
C
OMMISSION ARE GIVEN.24
8. T
HE EXECUTIVE COMMITTEE MAY CONVENE IN A CLOSED ,25
NON-PUBLIC MEETING FOR THE SAME REASONS THAT THE26
C
OMMISSION MAY CONVENE IN A NON -PUBLIC MEETING AS27
018
-24- SET FORTH IN SUBSECTION D.3 OF THIS SECTION AND SHALL1
ANNOUNCE THE CLOSED MEETING AS THE COMMISSION IS2
REQUIRED TO UNDER SUBSECTION D.4 OF THIS SECTION AND3
KEEP MINUTES OF THE CLOSED MEETING AS THE4
C
OMMISSION IS REQUIRED TO UNDER SUBSECTION D.5 OF5
THIS SECTION.6
G. Q
UALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION7
1. T
HE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR ,8
EMPLOYEES, AND REPRESENTATIVES OF THE COMMISSION9
SHALL BE IMMUNE FROM SUIT AND LIABILITY , BOTH10
PERSONALLY AND IN THEIR OFFICIAL CAPACITY , FOR ANY11
CLAIM FOR DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL12
INJURY OR OTHER CIVIL LIABILITY CAUSED BY OR ARISING13
OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION14
THAT OCCURRED, OR THAT THE PERSON AGAINST WHOM THE15
CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING16
OCCURRED WITHIN THE SCOPE OF COMMISSION17
EMPLOYMENT, DUTIES, OR RESPONSIBILITIES; PROVIDED18
THAT NOTHING HEREIN SHALL BE CONSTRUED TO PROTECT19
ANY SUCH PERSON FROM SUIT OR LIABILITY FOR ANY20
DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED BY THE21
INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF22
THAT PERSON. THE PROCUREMENT OF INSURANCE OF ANY23
TYPE BY THE COMMISSION SHALL NOT IN ANY WAY24
COMPROMISE OR LIMIT THE IMMUNITY GRANTED25
HEREUNDER. 26
2. T
HE COMMISSION SHALL DEFEND ANY MEMBER , OFFICER,27
018
-25- EXECUTIVE DIRECTOR, EMPLOYEE, AND REPRESENTATIVE OF1
THE COMMISSION IN ANY CIVIL ACTION SEEKING TO IMPOSE2
LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED ACT ,3
ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF4
C
OMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES,5
OR AS DETERMINED BY THE COMMISSION THAT THE PERSON6
AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE7
BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF8
C
OMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;9
PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO10
PROHIBIT THAT PERSON FROM RETAINING THEIR OWN11
COUNSEL AT THEIR OWN EXPENSE; AND PROVIDED FURTHER,12
THAT THE ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION13
DID NOT RESULT FROM THAT PERSON 'S INTENTIONAL OR14
WILLFUL OR WANTON MISCONDUCT .15
3. T
HE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS16
ANY MEMBER, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE,17
AND REPRESENTATIVE OF THE COMMISSION FOR THE18
AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED19
AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR20
ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED21
WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES,22
OR RESPONSIBILITIES, OR THAT SUCH PERSON HAD A23
REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE24
SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR25
RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR26
ALLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM27
018
-26- THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF1
THAT PERSON.2
4. V
ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR3
AGAINST THE COMMISSION SHALL BE BROUGHT SOLELY AND4
EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION5
WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS6
LOCATED. THE COMMISSION MAY WAIVE VENUE AND7
JURISDICTIONAL DEFENSES IN ANY PROCEEDINGS AS8
AUTHORIZED BY COMMISSION RULES.9
5. N
OTHING HEREIN SHALL BE CONSTRUED AS A LIMITATION10
ON THE LIABILITY OF ANY LICENSEE FOR PROFESSIONAL11
MALPRACTICE OR MISCONDUCT , WHICH SHALL BE12
GOVERNED SOLELY BY ANY OTHER APPLICABLE STATE13
LAWS.14
6. N
OTHING HEREIN SHALL BE CONSTRUED TO DESIGNATE THE15
VENUE OR JURISDICTION TO BRING ACTIONS FOR ALLEGED16
ACTS OF MALPRACTICE , PROFESSIONAL MISCONDUCT ,17
NEGLIGENCE, OR OTHER SUCH CIVIL ACTION PERTAINING TO18
THE PRACTICE OF A PA. ALL SUCH MATTERS SHALL BE19
DETERMINED EXCLUSIVELY BY STATE LAW OTHER THAN20
THIS COMPACT.21
7. N
OTHING IN THIS COMPACT SHALL BE INTERPRETED TO22
WAIVE OR OTHERWISE ABROGATE A PARTICIPATING STATE'S23
STATE ACTION IMMUNITY OR STATE ACTION AFFIRMATIVE24
DEFENSE WITH RESPECT TO ANTITRUST CLAIMS UNDER THE25
S
HERMAN ACT, CLAYTON ACT, OR ANY OTHER STATE OR26
FEDERAL ANTITRUST OR ANTICOMPETITIVE LAW OR27
018
-27- REGULATION.1
8. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A2
WAIVER OF SOVEREIGN IMMUNITY BY THE PARTICIPATING3
S
TATES OR BY THE COMMISSION.4
Section 8. Data System5
A. T
HE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT ,6
MAINTENANCE, OPERATION, AND UTILIZATION OF A COORDINATED7
DATA AND REPORTING SYSTEM CONTAINING LICENSURE8
INFORMATION, ADVERSE ACTION INFORMATION , AND THE9
REPORTING OF THE EXISTENCE OF SIGNIFICANT INVESTIGATIVE10
I
NFORMATION ON ALL LICENSED PAS AND APPLICANTS DENIED A11
L
ICENSE IN PARTICIPATING STATES.12
B. N
OTWITHSTANDING ANY OTHER STATE LAW TO THE CONTRARY, A13
P
ARTICIPATING STATE SHALL SUBMIT A UNIFORM DATA SET TO THE14
D
ATA SYSTEM ON ALL PAS TO WHOM THIS COMPACT IS15
APPLICABLE (UTILIZING A UNIQUE IDENTIFIER) AS REQUIRED BY THE16
R
ULES OF THE COMMISSION, INCLUDING:17
1. I
DENTIFYING INFORMATION;18
2. L
ICENSURE DATA;19
3. A
DVERSE ACTIONS AGAINST A LICENSE OR COMPACT20
P
RIVILEGE;21
4. A
NY DENIAL OF APPLICATION FOR LICENSURE , AND THE22
REASON(S) FOR SUCH DENIAL (EXCLUDING THE REPORTING23
OF ANY CRIMINAL HISTORY RECORD INFORMATION WHERE24
PROHIBITED BY LAW);25
5. T
HE EXISTENCE OF SIGNIFICANT INVESTIGATIVE26
I
NFORMATION; AND27
018
-28- 6. OTHER INFORMATION THAT MAY FACILITATE THE1
ADMINISTRATION OF THIS COMPACT, AS DETERMINED BY2
THE RULES OF THE COMMISSION.3
C. S
IGNIFICANT INVESTIGATIVE INFORMATION PERTAINING TO A4
L
ICENSEE IN ANY PARTICIPATING STATE SHALL ONLY BE5
AVAILABLE TO OTHER PARTICIPATING STATES.6
D. T
HE COMMISSION SHALL PROMPTLY NOTIFY ALL PARTICIPATING7
S
TATES OF ANY ADVERSE ACTION TAKEN AGAINST A LICENSEE OR8
AN INDIVIDUAL APPLYING FOR A LICENSE THAT HAS BEEN9
REPORTED TO IT. THIS ADVERSE ACTION INFORMATION SHALL BE10
AVAILABLE TO ANY OTHER PARTICIPATING STATE.11
E. P
ARTICIPATING STATES CONTRIBUTING INFORMATION TO THE12
D
ATA SYSTEM MAY, IN ACCORDANCE WITH STATE OR FEDERAL13
LAW, DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH14
THE PUBLIC WITHOUT THE EXPRESS PERMISSION OF THE15
CONTRIBUTING STATE. NOTWITHSTANDING ANY SUCH16
DESIGNATION, SUCH INFORMATION SHALL BE REPORTED TO THE17
C
OMMISSION THROUGH THE DATA SYSTEM.18
F. A
NY INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS19
SUBSEQUENTLY EXPUNGED PURSUANT TO FEDERAL LAW OR THE20
LAWS OF THE PARTICIPATING STATE CONTRIBUTING THE21
INFORMATION SHALL BE REMOVED FROM THE DATA SYSTEM UPON22
REPORTING OF SUCH BY THE PARTICIPATING STATE TO THE23
C
OMMISSION.24
G. T
HE RECORDS AND INFORMATION PROVIDED TO A PARTICIPATING25
S
TATE PURSUANT TO THIS COMPACT OR THROUGH THE DATA26
S
YSTEM, WHEN CERTIFIED BY THE COMMISSION OR AN AGENT27
018
-29- THEREOF, SHALL CONSTITUTE THE AUTHENTICATED BUSINESS1
RECORDS OF THE COMMISSION, AND SHALL BE ENTITLED TO ANY2
ASSOCIATED HEARSAY EXCEPTION IN ANY RELEVANT JUDICIAL ,3
QUASI-JUDICIAL, OR ADMINISTRATIVE PROCEEDINGS IN A4
P
ARTICIPATING STATE.5
Section 9. Rulemaking6
A. T
HE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS7
PURSUANT TO THE CRITERIA SET FORTH IN THIS SECTION AND THE8
R
ULES ADOPTED THEREUNDER . COMMISSION RULES SHALL9
BECOME BINDING AS OF THE DATE SPECIFIED BY THE COMMISSION10
FOR EACH RULE.11
B. T
HE COMMISSION SHALL PROMULGATE REASONABLE RULES IN12
ORDER TO EFFECTIVELY AND EFFICIENTLY IMPLEMENT AND13
ADMINISTER THIS COMPACT AND ACHIEVE ITS PURPOSES . A14
C
OMMISSION RULE SHALL BE INVALID AND HAVE NO FORCE OR15
EFFECT ONLY IF A COURT OF COMPETENT JURISDICTION HOLDS THAT16
THE RULE IS INVALID BECAUSE THE COMMISSION EXERCISED ITS17
RULEMAKING AUTHORITY IN A MANNER THAT IS BEY OND THE SCOPE18
OF THE PURPOSES OF THIS COMPACT, OR THE POWERS GRANTED19
HEREUNDER, OR BASED UPON ANOTHER APPLICABLE STANDARD OF20
REVIEW.21
C. T
HE RULES OF THE COMMISSION SHALL HAVE THE FORCE OF LAW22
IN EACH PARTICIPATING STATE, PROVIDED HOWEVER THAT WHERE23
THE RULES OF THE COMMISSION CONFLICT WITH THE LAWS OF THE24
P
ARTICIPATING STATE THAT ESTABLISH THE MEDICAL SERVICES A25
PA
MAY PERFORM IN THE PARTICIPATING STATE, AS HELD BY A26
COURT OF COMPETENT JURISDICTION , THE RULES OF THE27
018
-30- COMMISSION SHALL BE INEFFECTIVE IN THAT STATE TO THE1
EXTENT OF THE CONFLICT.2
D. I
F A MAJORITY OF THE LEGISLATURES OF THE PARTICIPATING3
S
TATES REJECTS A COMMISSION RULE, BY ENACTMENT OF A4
STATUTE OR RESOLUTION IN THE SAME MANNER USED TO ADOPT5
THIS COMPACT WITHIN FOUR (4) YEARS OF THE DATE OF ADOPTION6
OF THE RULE, THEN SUCH RULE SHALL HAVE NO FURTHER FORCE7
AND EFFECT IN ANY PARTICIPATING STATE OR TO ANY STATE8
APPLYING TO PARTICIPATE IN THE COMPACT.9
E. C
OMMISSION RULES SHALL BE ADOPTED AT A REGULAR OR SPECIAL10
MEETING OF THE COMMISSION.11
F. P
RIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR12
R
ULES BY THE COMMISSION, AND AT LEAST THIRTY (30) DAYS IN13
ADVANCE OF THE MEETING AT WHICH THE RULE WILL BE14
CONSIDERED AND VOTED UPON , THE COMMISSION SHALL FILE A15
NOTICE OF PROPOSED RULEMAKING : 16
1. O
N THE WEBSITE OF THE COMMISSION OR OTHER PUBLICLY17
ACCESSIBLE PLATFORM;18
2. T
O PERSONS WHO HAVE REQUESTED THE COMMISSION'S19
NOTICES OF PROPOSED RULEMAKING ; AND20
3. I
N SUCH OTHER WAY(S) AS THE COMMISSION MAY BY RULE21
SPECIFY.22
G. T
HE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE :23
1. T
HE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING ON24
THE PROPOSED RULE AND THE PROPOSED TIME, DATE, AND25
LOCATION OF THE MEETING IN WHICH THE PROPOSED RULE26
WILL BE CONSIDERED AND VOTED UPON ;27
018
-31- 2. THE TEXT OF THE PROPOSED RULE AND THE REASON FOR1
THE PROPOSED RULE;2
3. A
REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM3
ANY INTERESTED PERSON AND THE DATE BY WHICH4
WRITTEN COMMENTS MUST BE RECEIVED ; AND5
4. T
HE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT6
NOTICE TO THE COMMISSION OF THEIR INTENTION TO7
ATTEND THE PUBLIC HEARING OR PROVIDE ANY WRITTEN8
COMMENTS.9
H. P
RIOR TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL10
ALLOW PERSONS TO SUBMIT WRITTEN DATA , FACTS, OPINIONS, AND11
ARGUMENTS, WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC .12
I. I
F THE HEARING IS TO BE HELD VIA ELECTRONIC MEANS , THE13
C
OMMISSION SHALL PUBLISH THE MECHANISM FOR ACCESS TO THE14
ELECTRONIC HEARING.15
1. A
LL PERSONS WISHING TO BE HEARD AT THE HEARING16
SHALL AS DIRECTED IN THE NOTICE OF PROPOSED17
RULEMAKING, NOT LESS THAN FIVE (5) BUSINESS DAYS18
BEFORE THE SCHEDULED DATE OF THE HEARING , NOTIFY THE19
C
OMMISSION OF THEIR DESIRE TO APPEAR AND TESTIFY AT20
THE HEARING.21
2. H
EARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING22
EACH PERSON WHO WISHES TO COMMENT A FAIR AND23
REASONABLE OPPORTUNITY TO COMMENT ORALLY OR IN24
WRITING.25
3. A
LL HEARINGS SHALL BE RECORDED . A COPY OF THE26
RECORDING AND THE WRITTEN COMMENTS , DATA, FACTS,27
018
-32- OPINIONS, AND ARGUMENTS RECEIVED IN RESPONSE TO THE1
PROPOSED RULEMAKING SHALL BE MADE AVAILABLE TO A2
PERSON UPON REQUEST.3
4. N
OTHING IN THIS SECTION SHALL BE CONSTRUED AS4
REQUIRING A SEPARATE HEARING ON EACH PROPOSED RULE.5
P
ROPOSED RULES MAY BE GROUPED FOR THE CONVENIENCE6
OF THE COMMISSION AT HEARINGS REQUIRED BY THIS7
SECTION.8
J. F
OLLOWING THE PUBLIC HEARING THE COMMISSION SHALL9
CONSIDER ALL WRITTEN AND ORAL COMMENTS TIMELY RECEIVED .10
K. T
HE COMMISSION SHALL, BY MAJORITY VOTE OF ALL DELEGATES,11
TAKE FINAL ACTION ON THE PROPOSED RULE AND SHALL12
DETERMINE THE EFFECTIVE DATE OF THE RULE, IF ADOPTED, BASED13
ON THE RULEMAKING RECORD AND THE FULL TEXT OF THE RULE.14
1. I
F ADOPTED, THE RULE SHALL BE POSTED ON THE15
C
OMMISSION'S WEBSITE.16
2. T
HE COMMISSION MAY ADOPT CHANGES TO THE PROPOSED17
R
ULE PROVIDED THE CHANGES DO NOT ENLARGE THE18
ORIGINAL PURPOSE OF THE PROPOSED RULE.19
3. T
HE COMMISSION SHALL PROVIDE ON ITS WEBSITE AN20
EXPLANATION OF THE REASONS FOR SUBSTANTIVE C HANGES21
MADE TO THE PROPOSED RULE AS WELL AS REASONS FOR22
SUBSTANTIVE CHANGES NOT MADE THAT WERE23
RECOMMENDED BY COMMENTERS .24
4. T
HE COMMISSION SHALL DETERMINE A REASONABLE25
EFFECTIVE DATE FOR THE RULE. EXCEPT FOR AN26
EMERGENCY AS PROVIDED IN SUBSECTION L OF THIS27
018
-33- SECTION, THE EFFECTIVE DATE OF THE RULE SHALL BE NO1
SOONER THAN THIRTY (30) DAYS AFTER THE COMMISSION2
ISSUED THE NOTICE THAT IT ADOPTED THE RULE. 3
L. U
PON DETERMINATION THAT AN EMERGENCY EXISTS , THE4
C
OMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE5
WITH TWENTY-FOUR (24) HOURS PRIOR NOTICE, WITHOUT THE6
OPPORTUNITY FOR COMMENT OR HEARING , PROVIDED THAT THE7
USUAL RULEMAKING PROCEDURES PROVIDED IN THIS COMPACT8
AND IN THIS SECTION SHALL BE RETROACTIVELY APPLIED TO THE9
R
ULE AS SOON AS REASONABLY POSSIBLE , IN NO EVENT LATER10
THAN NINETY (90) DAYS AFTER THE EFFECTIVE DATE OF THE RULE.11
F
OR THE PURPOSES OF THIS SUBSECTION L, AN EMERGENCY RULE12
IS ONE THAT MUST BE ADOPTED IMMEDIATELY BY THE COMMISSION13
IN ORDER TO:14
1. M
EET AN IMMINENT THREAT TO PUBLIC HEALTH , SAFETY,15
OR WELFARE;16
2. P
REVENT A LOSS OF COMMISSION OR PARTICIPATING STATE17
FUNDS;18
3. M
EET A DEADLINE FOR THE PROMULGATION OF A19
C
OMMISSION RULE THAT IS ESTABLISHED BY FEDERAL LAW20
OR RULE; OR21
4. P
ROTECT PUBLIC HEALTH AND SAFETY .22
M. T
HE COMMISSION OR AN AUTHORIZED COMMITTEE OF THE23
C
OMMISSION MAY DIRECT REVISIONS TO A PREVIOUSLY ADOPTED24
C
OMMISSION RULE FOR PURPOSES OF CORRECTING TYPOGRAPHICAL25
ERRORS, ERRORS IN FORMAT , ERRORS IN CONSISTENCY , OR26
GRAMMATICAL ERRORS . PUBLIC NOTICE OF ANY REVISIONS SHALL27
018
-34- BE POSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION1
SHALL BE SUBJECT TO CHALLENGE BY ANY PERSON FOR A PERIOD2
OF THIRTY (30) DAYS AFTER POSTING. THE REVISION MAY BE3
CHALLENGED ONLY ON GROUNDS THAT THE REVISION RESULTS IN4
A MATERIAL CHANGE TO A RULE. A CHALLENGE SHALL BE MADE AS5
SET FORTH IN THE NOTICE OF REVISIONS AND DELIVERED TO THE6
C
OMMISSION PRIOR TO THE END OF THE NOTICE PERIOD . IF NO7
CHALLENGE IS MADE, THE REVISION WILL TAKE EFFECT WITHOUT8
FURTHER ACTION. IF THE REVISION IS CHALLENGED, THE REVISION9
MAY NOT TAKE EFFECT WITHOUT THE APPROVAL OF THE10
C
OMMISSION.11
N. N
O PARTICIPATING STATE'S RULEMAKING REQUIREMENTS SHALL12
APPLY UNDER THIS COMPACT.13
Section 10. Oversight, Dispute Resolution, and Enforcement14
A. O
VERSIGHT15
1. T
HE EXECUTIVE AND JUDICIAL BRANCHES OF STATE16
GOVERNMENT IN EACH PARTICIPATING STATE SHALL17
ENFORCE THIS COMPACT AND TAKE ALL ACTIONS18
NECESSARY AND APPROPRIATE TO IMPLEMENT THE19
C
OMPACT.20
2. V
ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR21
AGAINST THE COMMISSION SHALL BE BROUGHT SOLELY AND22
EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION23
WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS24
LOCATED. THE COMMISSION MAY WAIVE VENUE AND25
JURISDICTIONAL DEFENSES TO THE EXTENT IT ADOPTS OR26
CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE27
018
-35- RESOLUTION PROCEEDINGS. NOTHING HEREIN SHALL AFFECT1
OR LIMIT THE SELECTION OR PROPRIETY OF VENUE IN ANY2
ACTION AGAINST A LICENSEE FOR PROFESSI ONAL3
MALPRACTICE, MISCONDUCT, OR ANY SUCH SIMILAR4
MATTER.5
3. T
HE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE6
OF PROCESS IN ANY PROCEEDING REGARDING THE7
ENFORCEMENT OR INTERPRETATION OF THE COMPACT OR8
THE COMMISSION'S RULES AND SHALL HAVE STANDING TO9
INTERVENE IN SUCH A PROCEEDING FOR ALL PURPOSES .10
F
AILURE TO PROVIDE THE COMMISSION WITH SERVICE OF11
PROCESS SHALL RENDER A JUDGMENT OR ORDER IN SUCH12
PROCEEDING VOID AS TO THE COMMISSION, THIS COMPACT,13
OR COMMISSION RULES.14
B. D
EFAULT, TECHNICAL ASSISTANCE, AND TERMINATION15
1. I
F THE COMMISSION DETERMINES THAT A PARTICIPATING16
S
TATE HAS DEFAULTED IN THE PERFORMANCE OF ITS17
OBLIGATIONS OR RESPONSIBILITIES UNDER THIS COMPACT18
OR THE COMMISSION RULES, THE COMMISSION SHALL19
PROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND20
OTHER PARTICIPATING STATES. THE NOTICE SHALL21
DESCRIBE THE DEFAULT, THE PROPOSED MEANS OF CURING22
THE DEFAULT, AND ANY OTHER ACTION THAT THE23
C
OMMISSION MAY TAKE AND SHALL OFFER REMEDIAL24
TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARDING25
THE DEFAULT. 26
2. I
F A STATE IN DEFAULT FAILS TO CURE THE DEFAULT , THE27
018
-36- DEFAULTING STATE MAY BE TERMINATED FROM THIS1
C
OMPACT UPON AN AFFIRMATIVE VOTE OF A MAJORITY OF2
THE DELEGATES OF THE PARTICIPATING STATES, AND ALL3
RIGHTS, PRIVILEGES, AND BENEFITS CONFERRED BY THIS4
C
OMPACT UPON SUCH STATE MAY BE TERMINATED ON THE5
EFFECTIVE DATE OF TERMINATION. A CURE OF THE DEFAULT6
DOES NOT RELIEVE THE OFFENDING STATE OF OBLIGATIONS7
OR LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT .8
3. T
ERMINATION OF PARTICIPATION IN THIS COMPACT SHALL9
BE IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING10
COMPLIANCE HAVE BEEN EXHAUSTED . NOTICE OF INTENT TO11
SUSPEND OR TERMINATE SHALL BE GIVEN BY THE12
C
OMMISSION TO THE GOVERNOR , THE MAJORITY AND13
MINORITY LEADERS OF THE DEFAULTING STATE'S14
LEGISLATURE, AND THE LICENSING BOARD(S) OF EACH OF15
THE PARTICIPATING STATES.16
4. A
STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR17
ALL ASSESSMENTS , OBLIGATIONS, AND LIABILITIES18
INCURRED THROUGH THE EFFECTIVE DATE OF TERMINATION ,19
INCLUDING OBLIGATIONS THAT EXTEND BEYOND THE20
EFFECTIVE DATE OF TERMINATION.21
5. T
HE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO22
A STATE THAT IS FOUND TO BE IN DEFAULT OR THAT HAS23
BEEN TERMINATED FROM THIS COMPACT, UNLESS AGREED24
UPON IN WRITING BETWEEN THE COMMISSION AND THE25
DEFAULTING STATE.26
6. T
HE DEFAULTING STATE MAY APPEAL ITS TERMINATION27
018
-37- FROM THE COMPACT BY THE COMMISSION BY PETITIONING1
THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF2
C
OLUMBIA OR THE FEDERAL DISTRICT WHERE THE3
C
OMMISSION HAS ITS PRINCIPAL OFFICES. THE PREVAILING4
PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION ,5
INCLUDING REASONABLE ATTORNEY 'S FEES.6
7. U
PON THE TERMINATION OF A STATE'S PARTICIPATION IN7
THE COMPACT, THE STATE SHALL IMMEDIATELY PROVIDE8
NOTICE TO ALL LICENSEES WITHIN THAT STATE OF SUCH9
TERMINATION:10
a. L
ICENSEES WHO HAVE BEEN GRANTED A COMPACT11
P
RIVILEGE IN THAT STATE SHALL RETAIN THE12
C
OMPACT PRIVILEGE FOR ONE HUNDRED EIGHTY13
(180)
DAYS FOLLOWING THE EFFECTIVE DATE OF14
SUCH TERMINATION.15
b. L
ICENSEES WHO ARE LICENSED IN THAT STATE WHO16
HAVE BEEN GRANTED A COMPACT PRIVILEGE IN A17
P
ARTICIPATING STATE SHALL RETAIN THE COMPACT18
P
RIVILEGE FOR ONE HUNDRED EIGHTY (180) DAYS19
UNLESS THE LICENSEE ALSO HAS A QUALIFYING20
L
ICENSE IN A PARTICIPATING STATE OR OBTAINS A21
Q
UALIFYING LICENSE IN A PARTICIPATING STATE22
BEFORE THE ONE HUNDRED EIGHTY (180)-DAY23
PERIOD ENDS, IN WHICH CASE THE COMPACT24
P
RIVILEGE SHALL CONTINUE.25
C. D
ISPUTE RESOLUTION26
1. U
PON REQUEST BY A PARTICIPATING STATE, THE27
018
-38- COMMISSION SHALL ATTEMPT TO RESOLVE DISPUTES1
RELATED TO THIS COMPACT THAT ARISE AMONG2
P
ARTICIPATING STATES AND BETWEEN PARTICIPATING AND3
NON-PARTICIPATING STATES.4
2. T
HE COMMISSION SHALL PROMULGATE A RULE PROVIDING5
FOR BOTH MEDIATION AND BINDING DISPUTE RESOLUTION6
FOR DISPUTES AS APPROPRIATE.7
D. E
NFORCEMENT8
1. T
HE COMMISSION, IN THE REASONABLE EXERCISE OF ITS9
DISCRETION, SHALL ENFORCE THE PROVISIONS OF THIS10
C
OMPACT AND RULES OF THE COMMISSION.11
2. I
F COMPLIANCE IS NOT SECURED AFTER ALL MEANS TO12
SECURE COMPLIANCE HAVE BEEN E XHAUSTED , BY MAJORITY13
VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN14
THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF15
C
OLUMBIA OR THE FEDERAL DISTRICT WHERE THE16
C
OMMISSION HAS ITS PRINCIPAL OFFICES , AGAINST A17
P
ARTICIPATING STATE IN DEFAULT TO ENFORCE18
COMPLIANCE WITH THE PROVISIONS OF THIS COMPACT AND19
THE COMMISSION'S PROMULGATED RULES AND BYLAWS.20
T
HE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCTIVE RELIEF21
AND DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS22
NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED23
ALL COSTS OF SUCH LITIGATION, INCLUDING REASONABLE24
ATTORNEY'S FEES.25
3. T
HE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE26
REMEDIES OF THE COMMISSION. THE COMMISSION MAY27
018
-39- PURSUE ANY OTHER REMEDIES AVAILABLE UNDER FEDERAL1
OR STATE LAW.2
E. L
EGAL ACTION AGAINST THE COMMISSION3
1. A
PARTICIPATING STATE MAY INITIATE LEGAL ACTION4
AGAINST THE COMMISSION IN THE UNITED STATES DISTRICT5
C
OURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL6
DISTRICT WHERE THE COMMISSION HAS ITS PRINCIPAL7
OFFICES TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF8
THE COMPACT AND ITS RULES. THE RELIEF SOUGHT MAY9
INCLUDE BOTH INJUNCTIVE RELIEF AND DAMAGES . IN THE10
EVENT JUDICIAL ENFORCEMENT IS NECESSARY , THE11
PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH12
LITIGATION, INCLUDING REASONABLE ATTORNEY 'S FEES. 13
2. N
O PERSON OTHER THAN A PARTICIPATING STATE SHALL14
ENFORCE THIS COMPACT AGAINST THE COMMISSION.15
Section 11. Date of Implementation of the16
PA Licensure Compact Commission17
A. T
HIS COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH18
THIS COMPACT STATUTE IS ENACTED INTO LAW IN THE SEVENTH19
P
ARTICIPATING STATE. 20
1. O
N OR AFTER THE EFFECTIVE DATE OF THIS COMPACT, THE21
C
OMMISSION SHALL CONVENE AND REVIEW THE22
ENACTMENT OF EACH OF THE STATES THAT ENACTED THIS23
C
OMPACT PRIOR TO THE COMMISSION CONVENING24
("C
HARTER PARTICIPATING STATES") TO DETERMINE IF THE25
STATUTE ENACTED BY EACH SUCH CHARTER PARTICIPATING26
S
TATE IS MATERIALLY DIFFERENT THAN THE MODEL27
018
-40- COMPACT.1
a. A
CHARTER PARTICIPATING STATE WHOSE2
ENACTMENT IS FOUND TO BE MATERIALLY3
DIFFERENT FROM THE MODEL COMPACT SHALL BE4
ENTITLED TO THE DEFAULT PROCESS SET FORTH IN5
S
ECTION 10.B OF THIS COMPACT.6
b. I
F ANY PARTICIPATING STATE LATER WITHDRAWS7
FROM THE COMPACT OR ITS PARTICIPATION IS8
TERMINATED, THE COMMISSION SHALL REMAIN IN9
EXISTENCE AND THE COMPACT SHALL REMAIN IN10
EFFECT EVEN IF THE NUMBER OF PARTICIPATING11
S
TATES SHOULD BE LESS THAN SEVEN .12
P
ARTICIPATING STATES ENACTING THE COMPACT13
SUBSEQUENT TO THE COMMISSION CONVENING14
SHALL BE SUBJECT TO THE PROCESS SET FORTH IN15
S
ECTION 7.C.21 OF THIS COMPACT TO DETERMINE IF16
THEIR ENACTMENTS ARE MATERIALLY DIFFERENT17
FROM THE MODEL COMPACT AND WHETHER THEY18
QUALIFY FOR PARTICIPATION IN THE COMPACT.19
2. P
ARTICIPATING STATES ENACTING THIS COMPACT20
SUBSEQUENT TO THE SEVEN INITIAL CHARTER21
P
ARTICIPATING STATES SHALL BE SUBJECT TO THE PROCESS22
SET FORTH IN SECTION 7.C.21 OF THIS COMPACT TO23
DETERMINE IF THEIR ENACTMENTS ARE MATERIALLY24
DIFFERENT FROM THE MODEL COMPACT AND WHETHER25
THEY QUALIFY FOR PARTICIPATION IN THE COMPACT.26
3. A
LL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION27
018
-41- OR IN FURTHERANCE OF THE PURPOSES OF THE1
ADMINISTRATION OF THIS COMPACT PRIOR TO THE2
EFFECTIVE DATE OF THIS COMPACT OR THE COMMISSION3
COMING INTO EXISTENCE SHALL BE CONSIDERED TO BE4
ACTIONS OF THE COMMISSION UNLESS SPECIFICALLY5
REPUDIATED BY THE COMMISSION.6
B. A
NY STATE THAT JOINS THIS COMPACT SHALL BE SUBJECT TO THE7
C
OMMISSION'S RULES AND BYLAWS AS THEY EXIST ON THE DATE8
ON WHICH THIS COMPACT BECOMES LAW IN THAT STATE. ANY9
R
ULE THAT HAS BEEN PREVIOUSLY ADOPTED BY THE COMMISSION10
SHALL HAVE THE FULL FORCE AND EFFECT OF LAW ON THE DAY11
THIS COMPACT BECOMES LAW IN THAT STATE.12
C. A
NY PARTICIPATING STATE MAY WITHDRAW FROM THIS COMPACT13
BY ENACTING A STATUTE REPEALING THE SAME .14
1. A
PARTICIPATING STATE'S WITHDRAWAL SHALL NOT TAKE15
EFFECT UNTIL ONE HUNDRED EIGHTY (180) DAYS AFTER16
ENACTMENT OF THE REPEALING STATUTE . DURING THIS ONE17
HUNDRED EIGHTY (180)-DAY PERIOD, ALL COMPACT18
P
RIVILEGES THAT WERE IN EFFECT IN THE WITHDRAWING19
S
TATE AND WERE GRANTED TO LICENSEES LICENSED IN THE20
WITHDRAWING STATE SHALL REMAIN IN EFFECT . IF ANY21
L
ICENSEE LICENSED IN THE WITHDRAWING STATE IS ALSO22
LICENSED IN ANOTHER PARTICIPATING STATE OR OBTAINS23
A LICENSE IN ANOTHER PARTICIPATING STATE WITHIN THE24
ONE HUNDRED EIGHTY (180) DAYS, THE LICENSEE'S25
C
OMPACT PRIVILEGES IN OTHER PARTICIPATING STATES26
SHALL NOT BE AFFECTED BY THE PASSAGE OF THE ONE27
018
-42- HUNDRED EIGHTY (180) DAYS.1
2. W
ITHDRAWAL SHALL NOT AFFECT THE CONTINUING2
REQUIREMENT OF THE STATE LICENSING BOARD(S) OF THE3
WITHDRAWING STATE TO COMPLY WITH THE INVESTIGATIVE4
AND ADVERSE ACTION REPORTING REQUIREMENTS OF THIS5
C
OMPACT PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL .6
3. U
PON THE ENACTMENT OF A STATUTE WITHDRAWING A7
S
TATE FROM THIS COMPACT, THE STATE SHALL8
IMMEDIATELY PROVIDE NOTICE OF SUCH WITHDRAWAL TO9
ALL LICENSEES WITHIN THAT STATE. SUCH WITHDRAWING10
S
TATE SHALL CONTINUE TO RECOGNIZE ALL LICENSES11
GRANTED PURSUANT TO THIS COMPACT FOR A MINIMUM OF12
ONE HUNDRED EIGHTY (180) DAYS AFTER THE DATE OF13
SUCH NOTICE OF WITHDRAWAL .14
D. N
OTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO15
INVALIDATE OR PREVENT ANY PA LICENSURE AGREEMENT OR16
OTHER COOPERATIVE ARRANGEMENT BETWEEN PARTICIPATING17
S
TATES AND BETWEEN A PARTICIPATING STATE AND18
NON-PARTICIPATING STATE THAT DOES NOT CONFLICT WITH THE19
PROVISIONS OF THIS COMPACT.20
E. T
HIS COMPACT MAY BE AMENDED BY THE PARTICIPATING STATES.21
N
O AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND22
BINDING UPON ANY PARTICIPATING STATE UNTIL IT IS ENACTED23
MATERIALLY IN THE SAME MANNER INTO THE LAWS OF ALL24
P
ARTICIPATING STATES AS DETERMINED BY THE COMMISSION.25
Section 12. Construction and Severability26
A. T
HIS COMPACT AND THE COMMISSION'S RULEMAKING AUTHORITY27
018
-43- SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE1
PURPOSES, AND THE IMPLEMENTATION AND ADMINISTRATION OF2
THIS COMPACT. PROVISIONS OF THIS COMPACT EXPRESSLY3
AUTHORIZING OR REQUIRING THE PROMULGATION OF RULES SHALL4
NOT BE CONSTRUED TO LIMIT THE COMMISSION'S RULEMAKING5
AUTHORITY SOLELY FOR THOSE PURPOSES . 6
B. T
HE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE AND IF7
ANY PHRASE, CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT8
IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE9
CONTRARY TO THE CONSTITUTION OF ANY PARTICIPATING STATE,10
A STATE SEEKING PARTICIPATION IN THIS COMPACT, OR OF THE11
U
NITED STATES, OR THE APPLICABILITY THEREOF TO ANY12
GOVERNMENT, AGENCY, PERSON, OR CIRCUMSTANCE IS HELD TO BE13
UNCONSTITUTIONAL BY A COURT OF COMP ETENT JURISDICTION , THE14
VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE15
APPLICABILITY THEREOF TO ANY OTHER GOVERNMENT , AGENCY,16
PERSON, OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY . 17
C. N
OTWITHSTANDING SUBSECTION B OF THIS SECTION, THE18
C
OMMISSION MAY DENY A STATE'S PARTICIPATION IN THE19
C
OMPACT OR, IN ACCORDANCE WITH THE REQUIREMENTS OF20
S
ECTION 10.B OF THIS COMPACT, TERMINATE A PARTICIPATING21
S
TATE'S PARTICIPATION IN THE COMPACT, IF IT DETERMINES THAT22
A CONSTITUTIONAL REQUIREMENT OF A PARTICIPATING STATE IS,23
OR WOULD BE WITH RESPECT TO A STATE SEEKING TO PARTICIPATE24
IN THIS COMPACT, A MATERIAL DEPARTURE FROM THE COMPACT.25
O
THERWISE, IF THIS COMPACT SHALL BE HELD TO BE CONTRARY TO26
THE CONSTITUTION OF ANY PARTICIPATING STATE, THIS COMPACT27
018
-44- SHALL REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING1
P
ARTICIPATING STATES AND IN FULL FORCE AND EFFECT AS TO THE2
P
ARTICIPATING STATE AFFECTED AS TO ALL SEVERABLE MATTERS . 3
Section 13. Binding Effect of Compact4
A. N
OTHING HEREIN PREVENTS THE ENFORCEMENT OF ANY OTHER5
LAW OF A PARTICIPATING STATE THAT IS NOT INCONSISTENT WITH6
THIS COMPACT.7
B. A
NY LAWS IN A PARTICIPATING STATE IN CONFLICT WITH THIS8
C
OMPACT ARE SUPERSEDED TO THE EXTENT OF THE CONFLICT .9
C. A
LL AGREEMENTS BETWEEN THE COMMISSION AND THE10
P
ARTICIPATING STATES ARE BINDING IN ACCORDANCE WITH THEIR11
TERMS.12
24-60-4503. Notice to revisor of statutes - effective date of13
compact. T
HIS PART 45 TAKES EFFECT ON THE DATE THIS COMPACT IS14
ENACTED INTO LAW IN THE SEVENTH COMPACT STATE . THE DIRECTOR OF15
THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF16
REGULATORY AGENCIES SHALL NOTIFY THE REVISOR OF STATUTES IN17
WRITING WHEN THE CONDITION SPECIFIED IN THIS SECTION HAS OCCURRED18
BY E-MAILING THE NOTICE TO REVISOROFSTATUTES .GA@COLEG.GOV. THIS19
PART 45 TAKES EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE THAT20
THE COMPACT IS ENACTED INTO LAW IN THE SEVENTH COMPACT STATE OR21
UPON THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES IF THE22
NOTICE DOES NOT SPECIFY A DIFFERENT DATE . 23
SECTION 2. In Colorado Revised Statutes, add 12-240-146 as24
follows:25
12-240-146. Interstate compact - powers and duties of the26
board - rules - definitions. (1) A
S USED IN THIS SECTION:27
018
-45- (a) "ADVERSE ACTION" HAS THE MEANING SET FORTH IN SECTION1
24-60-4502.2
(b) "C
OMMISSION" MEANS THE PA LICENSURE COMPACT3
COMMISSION CREATED IN SECTION 24-60-4502.4
(c) "C
OMPACT" MEANS THE PHYSICIAN ASSISTANT LICENSURE5
COMPACT AUTHORIZED IN PART 45 OF ARTICLE 60 OF TITLE 24.6
(d) "C
OMPACT PRIVILEGE" HAS THE MEANING SET FORTH IN7
SECTION 24-60-4502.8
(e) "D
ATA SYSTEM" HAS THE MEANING SET FORTH IN SECTION9
24-60-4502.10
(f) "I
NVESTIGATIVE INFORMATION" HAS THE MEANING SET FORTH11
IN SECTION 24-60-4502.12
(g) "L
ICENSEE" HAS THE MEANING SET FORTH IN SECTION13
24-60-4502.14
(h) "L
ICENSING BOARD" HAS THE MEANING SET FORTH IN SECTION15
24-60-4502.16
(i) "M
EDICAL SERVICES" HAS THE MEANING SET FORTH IN SECTION
17
24-60-4502.18
(j) "PARTICIPATING STATE" MEANS A STATE THAT HAS ENACTED19
THE COMPACT.20
(k) "SIGNIFICANT INVESTIGATIVE INFORMATION " HAS THE21
MEANING SET FORTH IN SECTION 24-60-4502.22
(2) I
N ADDITION TO ANY POWERS AND DUTIES SPECIFIED IN THE23
COMPACT FOR PARTICIPATING STATES , THE BOARD HAS THE FOLLOWING24
POWERS AND DUTIES WITH REGARD TO THE COMPACT :25
(a) T
O FACILITATE COLORADO'S PARTICIPATION IN THE COMPACT;26
(b) T
O COMPLY WITH THE RULES OF THE COMMISSION ;27
018
-46- (c) TO PROMULGATE RULES IN ACCORDANCE WITH ARTICLE 4 OF1
TITLE 24 AS NECESSARY FOR THE IMPLEMENTATION , ADMINISTRATION,2
AND ENFORCEMENT OF THE COMPACT ;3
(d) T
O APPOINT A PERSON TO SERVE AS A DELEGATE ON AND4
ATTEND MEETINGS OF THE COMMISSION IN ACCORDANCE WITH THE TERMS5
OF THE COMPACT;6
(e) T
O NOTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS7
OF THE COMPACT AND COMMISSION RULES , OF ANY ADVERSE ACTION OR8
THE AVAILABILITY OF SIGNIFICANT INVESTIGATIVE INFORMATION9
REGARDING A LICENSEE;10
(f) T
O REQUIRE A LICENSEE TO SUBMIT TO A FINGERPRINT -BASED11
CRIMINAL HISTORY RECORD CHECK IN ACCORDANCE WITH THE12
FOLLOWING:13
(I) T
HE APPLICANT MUST PAY THE COSTS ASSOCIATED WITH THE14
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK ;15
(II) A
FTER SUBMITTING AN APPLICATION FOR A COMPACT16
PRIVILEGE, THE APPLICANT SHALL HAVE THE APPLICANT 'S FINGERPRINTS17
TAKEN BY A LOCAL LAW ENFORCEMENT AGENCY OR ANY THIRD PARTY18
APPROVED BY THE COLORADO BUREAU OF INVESTIGATION FOR THE19
PURPOSE OF OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD20
CHECK. THE APPLICANT SHALL AUTHORIZE THE ENTITY TAKING THE21
APPLICANT'S FINGERPRINTS TO SUBMIT, AND THE ENTITY SHALL SUBMIT,22
THE COMPLETE SET OF THE APPLICANT'S FINGERPRINTS TO THE COLORADO23
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A24
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK .25
(III) I
F AN APPROVED THIRD PARTY TAKES THE PERSON 'S26
FINGERPRINTS, THE FINGERPRINTS MAY BE ELECTRONICALLY CAPTURED27
018
-47- USING COLORADO BUREAU OF INVESTIGATION -APPROVED LIVESCAN1
EQUIPMENT. THIRD-PARTY VENDORS SHALL NOT KEEP THE APPLICANT 'S2
INFORMATION FOR MORE THAN THIRTY DAYS .3
(IV) T
HE COLORADO BUREAU OF INVESTIGATION SHALL USE THE4
APPLICANT'S FINGERPRINTS TO CONDUCT A CRIMINAL HISTORY RECORD5
CHECK USING THE BUREAU 'S RECORDS. THE COLORADO BUREAU OF6
INVESTIGATION SHALL ALSO FORWARD THE FINGERPRINTS TO THE FEDERAL7
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A8
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE COLORADO9
BUREAU OF INVESTIGATION , APPLICANT, BOARD, AND ENTITY TAKING10
FINGERPRINTS SHALL COMPLY WITH THE FEDERAL BUREAU OF11
INVESTIGATION'S REQUIREMENTS TO CONDUCT A CRIMINAL HISTORY12
RECORD CHECK.13
(V) T
HE COLORADO BUREAU OF INVESTIGATION SHALL RETURN14
THE RESULTS OF ITS CRIMINAL HISTORY RECORD CHECK TO THE BOARD ,15
AND THE BOARD IS AUTHORIZED TO RECEIVE THE RESULTS OF THE FEDERAL16
BUREAU OF INVESTIGATION'S CRIMINAL HISTORY RECORD CHECK . THE17
BOARD SHALL USE THE INFORMATION RESULTING FROM THE CRIMINAL18
HISTORY RECORD CHECKS TO INVESTIGATE AND DETERMINE WHETHER AN19
APPLICANT IS QUALIFIED FOR A COMPACT PRIVILEGE .20
(VI) T
HE RESULTS OF THE RECORD CHECK ARE CONFIDENTIAL . THE21
BOARD SHALL NOT RELEASE THE RESULTS OF THE RECORD CHECK TO THE22
PUBLIC, THE COMMISSION, A PARTICIPATING STATE, OR OTHER STATE23
LICENSING BOARDS.24
(g) T
O GRANT A COMPACT PRIVILEGE TO A LICENSEE OF A25
PARTICIPATING STATE IN ACCORDANCE WITH THE TERMS OF THE COMPACT26
AND TO CHARGE A FEE TO INDIVIDUALS APPLYING FOR THE COMPACT27
018
-48- PRIVILEGE;1
(h) T
O PARTICIPATE FULLY IN THE DATA SYSTEM CONSISTENT WITH2
THE COMPACT REQUIREMENTS AND THE RULES OF THE COMMISSION ; AND3
(i) T
O APPROVE PAYMENT OF ASSESSMENTS LEVIED BY THE4
COMMISSION TO COVER THE COST OF OPERATIONS AND ACTIVITIES OF THE5
COMMISSION AND ITS STAFF.6
(3) A
PHYSICIAN ASSISTANT PROVIDING MEDICAL SERVICES TO A
7
PATIENT IN COLORADO PURSUANT TO THE COMPACT IS SUBJECT TO THE8
REQUIREMENTS OF SECTIONS 12-240-107 (6) AND 12-240-114.5 AND, IF9
THE PHYSICIAN ASSISTANT IS PRACTICING PODIATRY, SECTION 12-290-117.10
SECTION 3. Appropriation. (1) For the 2024-25 state fiscal11
year, $78,750 is appropriated to the department of regulatory agencies for12
use by the division of professions and occupations. This appropriation is13
from the division of professions and occupations cash fund created in14
section 12-20-105 (3), C.R.S. To implement this act, the department may15
use this appropriation as follows:16
(a) $34,440 for personal services, which amount is based on an17
assumption that the division will require an additional 0.5 FTE;18
(b) $9,310 for operating expenses; and19
(c) $35,000 for the purchase of information technology services.20
(2) For the 2024-25 state fiscal year, $35,000 is appropriated to21
the office of the governor for use by the office of information technology.22
This appropriation is from reappropriated funds received from the23
department of regulatory agencies under subsection (1)(c) of this section.24
To implement this act, the office may use this appropriation to provide25
information technology services for the department of regulatory26
agencies.27
018
-49- SECTION 4. Act subject to petition - effective date. This act1
takes effect at 12:01 a.m. on the day following the expiration of the2
ninety-day period after final adjournment of the general assembly; except3
that, if a referendum petition is filed pursuant to section 1 (3) of article V4
of the state constitution against this act or an item, section, or part of this5
act within such period, then the act, item, section, or part will not take6
effect unless approved by the people at the general election to be held in7
November 2024 and, in such case, will take effect on the date of the8
official declaration of the vote thereon by the governor.9
018
-50-