Colorado 2024 Regular Session

Colorado Senate Bill SB018 Compare Versions

OldNewDifferences
1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-0461.01 Josh Schultz x5486
18 SENATE BILL 24-018
2-BY SENATOR(S) Simpson and Michaelson Jenet, Bridges, Buckner,
3-Cutter, Exum, Fields, Ginal, Jaquez Lewis, Marchman, Pelton B., Pelton R.,
4-Priola, Will, Winter F., Zenzinger;
5-also REPRESENTATIVE(S) Amabile and Winter T., Boesenecker,
6-Bradley, Duran, Frizell, Hamrick, Kipp, Lukens, Rutinel, Titone, Young,
7-McCluskie.
9+Senate Committees House Committees
10+Health & Human Services Health & Human Services
11+Finance Finance
12+Appropriations Appropriations
13+A BILL FOR AN ACT
814 C
9-ONCERNING THE ENACTMENT OF THE "PHYSICIAN ASSISTANT LICENSURE
10-COMPACT", AND, IN CONNECTION THEREWITH , MAKING AN
11-APPROPRIATION
12-.
13-Be it enacted by the General Assembly of the State of Colorado:
14-SECTION 1. In Colorado Revised Statutes, add part 47 to article
15-60 of title 24 as follows:
16-PART 47
17-PHYSICIAN ASSISTANT LICENSURE COMPACT
18-24-60-4701. Short title. T
19-HE SHORT TITLE OF THIS PART 47 IS THE
20-"PHYSICIAN ASSISTANT LICENSURE COMPACT".
21-NOTE: This bill has been prepared for the signatures of the appropriate legislative
22-officers and the Governor. To determine whether the Governor has signed the bill
23-or taken other action on it, please consult the legislative status sheet, the legislative
24-history, or the Session Laws.
25-________
26-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27-through words or numbers indicate deletions from existing law and such material is not part of
28-the act. 24-60-4702. Compact approved and ratified. T HE GENERAL
29-ASSEMBLY APPROVES AND RATIFIES
30-, AND THE GOVERNOR SHALL ENTER INTO,
31-A COMPACT ON BEHALF OF THE STATE OF COLORADO AND ANY OF THE
32-UNITED STATES OR OTHER JURISDICTIONS LEGALLY JOINING THE COMPACT
33-IN THE FORM SUBSTANTIALLY AS FOLLOWS
34-:
35-Section 1. Purpose
15+ONCERNING THE ENACTMENT OF THE "PHYSICIAN ASSISTANT101
16+L
17+ICENSURE COMPACT", AND, IN CONNECTION THEREWITH ,
18+102
19+MAKING AN APPROPRIATION .103
20+Bill Summary
21+(Note: This summary applies to this bill as introduced and does
22+not reflect any amendments that may be subsequently adopted. If this bill
23+passes third reading in the house of introduction, a bill summary that
24+applies to the reengrossed version of this bill will be available at
25+http://leg.colorado.gov
26+.)
27+The bill enacts the "Physician Assistant Licensure Compact"
28+(compact). The compact is designed to enable a physician assistant with
29+a license in a state that has signed the compact (participating state) to
30+more easily become authorized to practice in any other participating state.
31+Participating states and physician assistants must meet specific
32+HOUSE
33+3rd Reading Unamended
34+April 25, 2024
35+HOUSE
36+2nd Reading Unamended
37+April 24, 2024
38+SENATE
39+3rd Reading Unamended
40+March 18, 2024
41+SENATE
42+Amended 2nd Reading
43+March 15, 2024
44+SENATE SPONSORSHIP
45+Simpson and Michaelson Jenet, Bridges, Buckner, Cutter, Exum, Fields, Ginal, Jaquez
46+Lewis, Marchman, Pelton B., Pelton R., Priola, Will, Winter F., Zenzinger
47+HOUSE SPONSORSHIP
48+Amabile and Winter T., Boesenecker, Bradley, Duran, Frizell, Hamrick, Kipp, Lukens,
49+McCluskie, Rutinel, Titone, Young
50+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
51+Capital letters or bold & italic numbers indicate new material to be added to existing law.
52+Dashes through the words or numbers indicate deletions from existing law. conditions enumerated in the compact to participate in the compact. The
53+compact allows only the participating state where a physician assistant is
54+licensed to discipline the physician assistant, but allows a participating
55+state where the physician assistant is practicing, but is not licensed, to
56+revoke the physician assistant's authority to practice in that state.
57+The bill authorizes the Colorado medical board (board) to
58+promulgate rules and to facilitate Colorado's participation in the compact,
59+including notifying the Compact Commission (commission) established
60+by the compact of any adverse action taken by the board against a
61+physician assistant licensed in Colorado or practicing in Colorado under
62+the compact. The commission includes a delegate from each participating
63+state and has the powers and duties set forth in the bill.
64+The compact becomes effective on the date the compact is enacted
65+in the seventh participating state.
66+Be it enacted by the General Assembly of the State of Colorado:1
67+SECTION 1. In Colorado Revised Statutes, add part 45 to article2
68+60 of title 24 as follows:3
69+PART 454
70+PHYSICIAN ASSISTANT LICENSURE COMPACT5
71+24-60-4501. Short title. T
72+HE SHORT TITLE OF THIS PART 45 IS THE6
73+"P
74+HYSICIAN ASSISTANT LICENSURE COMPACT".7
75+24-60-4502. Compact approved and ratified. T
76+HE GENERAL8
77+ASSEMBLY APPROVES AND RATIFIES , AND THE GOVERNOR SHALL ENTER9
78+INTO, A COMPACT ON BEHALF OF THE STATE OF COLORADO AND ANY OF10
79+THE UNITED STATES OR OTHER JURISDICTIONS LEGALLY JOINING THE11
80+COMPACT IN THE FORM SUBSTANTIALLY AS FOLLOWS :12
81+Section 1. Purpose13
3682 I
37-N ORDER TO STRENGTHEN ACCESS TO MEDICAL SERVICES, AND IN
38-RECOGNITION OF ADVANCES IN THE DELIVERY OF
39-MEDICAL SERVICES, THE
40-PARTICIPATING STATES OF THE PA LICENSURE COMPACT HAVE ALLIED IN
41-COMMON PURPOSE TO DEVELOP A COMPREHENSIVE PROCESS THAT
42-COMPLEMENTS THE EXISTING AUTHORITY OF
43-STATE LICENSING BOARDS TO
44-LICENSE AND DISCIPLINE
45-PAS AND SEEKS TO ENHANCE THE PORTABILITY OF
83+N ORDER TO STRENGTHEN ACCESS TO MEDICAL SERVICES, AND IN14
84+RECOGNITION OF ADVANCES IN THE DELIVERY OF MEDICAL SERVICES, THE15
85+P
86+ARTICIPATING STATES OF THE PA LICENSURE COMPACT HAVE ALLIED IN16
87+COMMON PURPOSE TO DEVELOP A COMPREHENSIVE PROCESS THAT17
88+018-2- COMPLEMENTS THE EXISTING AUTHORITY OF STATE LICENSING BOARDS1
89+TO LICENSE AND DISCIPLINE PAS AND SEEKS TO ENHANCE THE2
90+PORTABILITY OF A LICENSE TO PRACTICE AS A PA WHILE SAFEGUARDING3
91+THE SAFETY OF PATIENTS. THIS COMPACT ALLOWS MEDICAL SERVICES TO4
92+BE PROVIDED BY PAS, VIA THE MUTUAL RECOGNITION OF THE LICENSEE'S5
93+Q
94+UALIFYING LICENSE BY OTHER COMPACT PARTICIPATING STATES. THIS6
95+C
96+OMPACT ALSO ADOPTS THE PREVAILING STANDARD FOR PA LICENSURE7
97+AND AFFIRMS THAT THE PRACTICE AND DELIVERY OF MEDICAL SERVICES8
98+BY THE PA OCCURS WHERE THE PATIENT IS LOCATED AT THE TIME OF THE9
99+PATIENT ENCOUNTER, AND THEREFORE REQUIRES THE PA TO BE UNDER10
100+THE JURISDICTION OF THE STATE LICENSING BOARD WHERE THE PATIENT11
101+IS LOCATED. STATE LICENSING BOARDS THAT PARTICIPATE IN THIS12
102+C
103+OMPACT RETAIN THE JURISDICTION TO IMPOSE ADVERSE ACTION13
104+AGAINST A COMPACT PRIVILEGE IN THAT STATE ISSUED TO A PA THROUGH14
105+THE PROCEDURES OF THIS COMPACT. THE PA LICENSURE COMPACT WILL15
106+ALLEVIATE BURDENS FOR MILITARY FAMILIES BY ALLOWING ACTIVE DUTY16
107+MILITARY PERSONNEL AND THEIR SPOUSES TO OBTAIN A COMPACT17
108+P
109+RIVILEGE BASED ON HAVING AN UNRESTRICTED LICENSE IN GOOD18
110+STANDING FROM A PARTICIPATING STATE.19
111+Section 2. Definitions20
112+I
113+N THIS COMPACT:21
114+A. "A
115+DVERSE ACTION" MEANS ANY ADMINISTRATIVE , CIVIL,22
116+EQUITABLE, OR CRIMINAL ACTION PERMITTED BY A STATE'S LAWS23
117+WHICH IS IMPOSED BY A LICENSING BOARD OR OTHER AUTHORITY24
118+AGAINST A PA LICENSE OR LICENSE APPLICATION OR COMPACT25
119+P
120+RIVILEGE SUCH AS LICENSE DENIAL, CENSURE, REVOCATION,26
121+SUSPENSION, PROBATION, MONITORING OF THE LICENSEE, OR27
122+018
123+-3- RESTRICTION ON THE LICENSEE'S PRACTICE.1
124+B. "C
125+OMPACT PRIVILEGE" MEANS THE AUTHORIZATION GRANTED BY2
126+A REMOTE STATE TO ALLOW A LICENSEE FROM ANOTHER3
127+P
128+ARTICIPATING STATE TO PRACTICE AS A PA TO PROVIDE MEDICAL4
129+S
130+ERVICES AND OTHER LICENSED ACTIVITY TO A PATIENT LOCATED5
131+IN THE REMOTE STATE UNDER THE REMOTE STATE'S LAWS AND6
132+REGULATIONS.7
133+C. "C
134+ONVICTION" MEANS A FINDING BY A COURT THAT AN INDIVIDUAL8
135+IS GUILTY OF A FELONY OR MISDEMEANOR OFFENSE THROUGH9
136+ADJUDICATION OR ENTRY OF A PLEA OF GUILT OR NO CONTEST TO10
137+THE CHARGE BY THE OFFENDER .11
138+D. "C
139+RIMINAL BACKGROUND CHECK" MEANS THE SUBMISSION OF12
140+FINGERPRINTS OR OTHER BIOMETRIC -BASED INFORMATION FOR A13
141+L
142+ICENSE APPLICANT FOR THE PURPOSE OF OBTAINING THAT14
143+APPLICANT'S CRIMINAL HISTORY RECORD INFORMATION , AS15
144+DEFINED IN 28 CFR 20.3 (d), FROM THE STATE'S CRIMINAL HISTORY16
145+RECORD REPOSITORY AS DEFINED IN 28 CFR 20.3 (f).17
146+E. "D
147+ATA SYSTEM" MEANS THE REPOSITORY OF INFORMATION ABOUT18
148+L
149+ICENSEES, INCLUDING BUT NOT LIMITED TO LICENSE STATUS AND19
46150 A
47-LICENSE TO PRACTICE AS A PA WHILE SAFEGUARDING THE SAFETY OF
48-PATIENTS
49-. THIS COMPACT ALLOWS MEDICAL SERVICES TO BE PROVIDED BY
50-PAS, VIA THE MUTUAL RECOGNITION OF THE LICENSEE'S QUALIFYING
51-LICENSE BY OTHER COMPACT PARTICIPATING STATES. THIS COMPACT ALSO
52-ADOPTS THE PREVAILING STANDARD FOR
53-PA LICENSURE AND AFFIRMS THAT
54-THE PRACTICE AND DELIVERY OF
55-MEDICAL SERVICES BY THE PA OCCURS
56-WHERE THE PATIENT IS LOCATED AT THE TIME OF THE PATIENT ENCOUNTER
57-,
58-AND THEREFORE REQUIRES THE PA TO BE UNDER THE JURISDICTION OF THE
59-STATE LICENSING BOARD WHERE THE PATIENT IS LOCATED . STATE
60-LICENSING BOARDS THAT PARTICIPATE IN THIS COMPACT RETAIN THE
61-JURISDICTION TO IMPOSE
62-ADVERSE ACTION AGAINST A COMPACT PRIVILEGE
63-IN THAT
64-STATE ISSUED TO A PA THROUGH THE PROCEDURES OF THIS
65-COMPACT. THE PA LICENSURE COMPACT WILL ALLEVIATE BURDENS FOR
66-MILITARY FAMILIES BY ALLOWING ACTIVE DUTY MILITARY PERSONNEL AND
67-THEIR SPOUSES TO OBTAIN A
68-COMPACT PRIVILEGE BASED ON HAVING AN
69-UNRESTRICTED
70-LICENSE IN GOOD STANDING FROM A PARTICIPATING STATE.
71-Section 2. Definitions
151+DVERSE ACTIONS, WHICH IS CREATED AND ADMINISTERED UNDER20
152+THE TERMS OF THIS COMPACT.21
153+F. "E
154+XECUTIVE COMMITTEE" MEANS A GROUP OF DIRECTORS AND EX22
155+OFFICIO INDIVIDUALS ELECTED OR APPOINTED PURSUANT TO23
156+S
157+ECTION 7.F.2.24
158+G. "I
159+MPAIRED PRACTITIONER" MEANS A PA WHOSE PRACTICE IS25
160+ADVERSELY AFFECTED BY HEALTH -RELATED CONDITION(S) THAT26
161+IMPACT THEIR ABILITY TO PRACTICE.27
162+018
163+-4- H. "INVESTIGATIVE INFORMATION" MEANS INFORMATION, RECORDS,1
164+OR DOCUMENTS RECEIVED OR GENERATED BY A LICENSING BOARD2
165+PURSUANT TO AN INVESTIGATION .3
166+I. "J
167+URISPRUDENCE REQUIREMENT" MEANS THE ASSESSMENT OF AN4
168+INDIVIDUAL'S KNOWLEDGE OF THE LAWS AND RULES GOVERNING5
169+THE PRACTICE OF A PA IN A STATE.6
170+J. "L
171+ICENSE" MEANS CURRENT AUTHORIZATION BY A STATE, OTHER7
172+THAN AUTHORIZATION PURSUANT TO A COMPACT PRIVILEGE, FOR8
173+A PA TO PROVIDE MEDICAL SERVICES, WHICH WOULD BE9
174+UNLAWFUL WITHOUT CURRENT AUTHORIZATION .10
175+K. "L
176+ICENSEE" MEANS AN INDIVIDUAL WHO HOLDS A LICENSE FROM11
177+A STATE TO PROVIDE MEDICAL SERVICES AS A PA.12
178+L. "L
179+ICENSING BOARD" MEANS ANY STATE ENTITY AUTHORIZED TO13
180+LICENSE AND OTHERWISE REGULATE PAS.14
181+M. "M
182+EDICAL SERVICES" MEANS HEALTH CARE SERVICES PROVIDED15
183+FOR THE DIAGNOSIS, PREVENTION, TREATMENT, CURE, OR RELIEF OF16
184+A HEALTH CONDITION, INJURY, OR DISEASE, AS DEFINED BY A17
185+S
186+TATE'S LAWS AND REGULATIONS.18
187+N. "M
188+ODEL COMPACT" MEANS THE MODEL FOR THE PA LICENSURE19
189+C
190+OMPACT ON FILE WITH THE COUNCIL OF STATE GOVERNMENTS OR20
191+OTHER ENTITY AS DESIGNATED BY THE COMMISSION.21
192+O. "P
193+ARTICIPATING STATE" MEANS A STATE THAT HAS ENACTED THIS22
194+C
195+OMPACT.23
196+P. "PA"
197+ MEANS AN INDIVIDUAL WHO IS LICENSED AS A PHYSICIAN24
198+ASSISTANT IN A STATE. FOR PURPOSES OF THIS COMPACT, ANY25
199+OTHER TITLE OR STATUS ADOPTED BY A STATE TO REPLACE THE26
200+TERM "PHYSICIAN ASSISTANT" SHALL BE DEEMED SYNONYMOUS27
201+018
202+-5- WITH "PHYSICIAN ASSISTANT" AND SHALL CONFER THE SAME1
203+RIGHTS AND RESPONSIBILITIES TO THE LICENSEE UNDER THE2
204+PROVISIONS OF THIS COMPACT AT THE TIME OF ITS ENACTMENT .3
205+Q. "PA
206+ LICENSURE COMPACT COMMISSION," "COMPACT4
207+C
208+OMMISSION," OR "COMMISSION" MEANS THE NATIONAL5
209+ADMINISTRATIVE BODY CREATED PURSUANT TO SECTION 7.A OF6
210+THIS COMPACT.7
211+R. "Q
212+UALIFYING LICENSE" MEANS AN UNRESTRICTED LICENSE ISSUED8
213+BY A PARTICIPATING STATE TO PROVIDE MEDICAL SERVICES AS A9
214+PA.10
215+S. "R
216+EMOTE STATE" MEANS A PARTICIPATING STATE WHERE A11
217+L
218+ICENSEE WHO IS NOT LICENSED AS A PA IS EXERCISING OR12
219+SEEKING TO EXERCISE THE COMPACT PRIVILEGE.13
220+T. "R
221+ULE" MEANS A REGULATION PROMULGATED BY AN ENTITY THAT14
222+HAS THE FORCE AND EFFECT OF LAW.15
223+U. "S
224+IGNIFICANT INVESTIGATIVE INFORMATION" MEANS16
72225 I
73-N THIS COMPACT:
74-A. "A
75-DVERSE ACTION" MEANS ANY ADMINISTRATIVE, CIVIL, EQUITABLE,
76-OR CRIMINAL ACTION PERMITTED BY A STATE'S LAWS WHICH IS
77-IMPOSED BY A
78-LICENSING BOARD OR OTHER AUTHORITY AGAINST A
79-PA LICENSE OR LICENSE APPLICATION OR COMPACT PRIVILEGE SUCH
80-AS
81-LICENSE DENIAL, CENSURE, REVOCATION, SUSPENSION,
82-PAGE 2-SENATE BILL 24-018 PROBATION, MONITORING OF THE LICENSEE, OR RESTRICTION ON THE
83-LICENSEE'S PRACTICE.
84-B. "C
85-OMPACT PRIVILEGE" MEANS THE AUTHORIZATION GRANTED BY A
86-REMOTE STATE TO ALLOW A LICENSEE FROM ANOTHER
87-PARTICIPATING STATE TO PRACTICE AS A PA TO PROVIDE MEDICAL
88-SERVICES AND OTHER LICENSED ACTIVITY TO A PATIENT LOCATED IN
89-THE
90-REMOTE STATE UNDER THE REMOTE STATE'S LAWS AND
91-REGULATIONS
92-.
93-C. "C
94-ONVICTION" MEANS A FINDING BY A COURT THAT AN INDIVIDUAL
95-IS GUILTY OF A FELONY OR MISDEMEANOR OFFENSE THROUGH
96-ADJUDICATION OR ENTRY OF A PLEA OF GUILT OR NO CONTEST TO THE
97-CHARGE BY THE OFFENDER
98-.
99-D. "C
100-RIMINAL BACKGROUND CHECK" MEANS THE SUBMISSION OF
101-FINGERPRINTS OR OTHER BIOMETRIC
102--BASED INFORMATION FOR A
103-LICENSE APPLICANT FOR THE PURPOSE OF OBTAINING THAT
104-APPLICANT
105-'S CRIMINAL HISTORY RECORD INFORMATION , AS DEFINED
106-IN
107-28 CFR 20.3 (d), FROM THE STATE'S CRIMINAL HISTORY RECORD
108-REPOSITORY AS DEFINED IN
109-28 CFR 20.3 (f).
110-E. "D
111-ATA SYSTEM" MEANS THE REPOSITORY OF INFORMATION ABOUT
112-LICENSEES, INCLUDING BUT NOT LIMITED TO LICENSE STATUS AND
113-ADVERSE ACTIONS, WHICH IS CREATED AND ADMINISTERED UNDER
114-THE TERMS OF THIS
115-COMPACT.
116-F. "E
117-XECUTIVE COMMITTEE" MEANS A GROUP OF DIRECTORS AND EX
118-OFFICIO INDIVIDUALS ELECTED OR APPOINTED PURS UANT TO
119-SECTION
120-7.F.2.
121-G. "I
122-MPAIRED PRACTITIONER" MEANS A PA WHOSE PRACTICE IS
123-ADVERSELY AFFECTED BY HEALTH
124--RELATED CONDITION(S) THAT
125-IMPACT THEIR ABILITY TO PRACTICE
126-.
127-H. "I
128-NVESTIGATIVE INFORMATION" MEANS INFORMATION, RECORDS, OR
129-DOCUMENTS RECEIVED OR GENERATED BY A
130-LICENSING BOARD
131-PURSUANT TO AN INVESTIGATION
132-.
133-I. "J
134-URISPRUDENCE REQUIREMENT" MEANS THE ASSESSMENT OF AN
135-PAGE 3-SENATE BILL 24-018 INDIVIDUAL'S KNOWLEDGE OF THE LAWS AND RULES GOVERNING THE
136-PRACTICE OF A
137-PA IN A STATE.
138-J. "L
139-ICENSE" MEANS CURRENT AUTHORIZATION BY A STATE, OTHER
140-THAN AUTHORIZATION PURSUANT TO A
141-COMPACT PRIVILEGE, FOR A
142-PA TO PROVIDE MEDICAL SERVICES, WHICH WOULD BE UNLAWFUL
143-WITHOUT CURRENT AUTHORIZATION
144-.
145-K. "L
146-ICENSEE" MEANS AN INDIVIDUAL WHO HOLDS A LICENSE FROM A
147-STATE TO PROVIDE MEDICAL SERVICES AS A PA.
148-L. "L
149-ICENSING BOARD" MEANS ANY STATE ENTITY AUTHORIZED TO
150-LICENSE AND OTHERWISE REGULATE
151-PAS.
152-M. "M
153-EDICAL SERVICES" MEANS HEALTH CARE SERVICES PROVIDED FOR
154-THE DIAGNOSIS
155-, PREVENTION, TREATMENT, CURE, OR RELIEF OF A
156-HEALTH CONDITION
157-, INJURY, OR DISEASE, AS DEFINED BY A STATE'S
158-LAWS AND REGULATIONS
159-.
160-N. "M
161-ODEL COMPACT" MEANS THE MODEL FOR THE PA LICENSURE
162-COMPACT ON FILE WITH THE COUNCIL OF STATE GOVERNMENTS OR
163-OTHER ENTITY AS DESIGNATED BY THE
164-COMMISSION.
165-O. "P
166-ARTICIPATING STATE" MEANS A STATE THAT HAS ENACTED THIS
167-COMPACT.
168-P. "PA"
169- MEANS AN INDIVIDUAL WHO IS LICENSED AS A PHYSICIAN
170-ASSISTANT IN A
171-STATE. FOR PURPOSES OF THIS COMPACT, ANY OTHER
172-TITLE OR STATUS ADOPTED BY A
173-STATE TO REPLACE THE TERM
174-"PHYSICIAN ASSISTANT" SHALL BE DEEMED SYNONYMOUS WITH
175-"PHYSICIAN ASSISTANT" AND SHALL CONFER THE SAME RIGHTS AND
176-RESPONSIBILITIES TO THE
177-LICENSEE UNDER THE PROVISIONS OF THIS
178-COMPACT AT THE TIME OF ITS ENACTMENT .
179-Q. "PA
180- LICENSURE COMPACT COMMISSION," "COMPACT COMMISSION,"
181-OR "COMMISSION" MEANS THE NATIONAL ADMINISTRATIVE BODY
182-CREATED PURSUANT TO
183-SECTION 7.A OF THIS COMPACT.
184-R. "Q
185-UALIFYING LICENSE" MEANS AN UNRESTRICTED LICENSE ISSUED
186-BY A
187-PARTICIPATING STATE TO PROVIDE MEDICAL SERVICES AS A
188-PAGE 4-SENATE BILL 24-018 PA.
189-S. "R
190-EMOTE STATE" MEANS A PARTICIPATING STATE WHERE A
191-LICENSEE WHO IS NOT LICENSED AS A PA IS EXERCISING OR SEEKING
192-TO EXERCISE THE
193-COMPACT PRIVILEGE.
194-T. "R
195-ULE" MEANS A REGULATION PROMULGATED BY AN ENTITY THAT
196-HAS THE FORCE AND EFFECT OF LAW
197-.
198-U. "S
199-IGNIFICANT INVESTIGATIVE INFORMATION" MEANS INVESTIGATIVE
200-INFORMATION THAT A LICENSING BOARD, AFTER AN INQUIRY OR
201-INVESTIGATION THAT INCLUDES NOTIFICATION AND AN OPPORTUNITY
202-FOR THE
203-PA TO RESPOND IF REQUIRED BY STATE LAW, HAS REASON
204-TO BELIEVE IS NOT GROUNDLESS AND
205-, IF PROVEN TRUE, WOULD
206-INDICATE MORE THAN A MINOR INFRACTION
207-.
226+NVESTIGATIVE INFORMATION THAT A LICENSING BOARD, AFTER17
227+AN INQUIRY OR INVESTIGATION THAT INCLUDES NOTIFICATION AND18
228+AN OPPORTUNITY FOR THE PA TO RESPOND IF REQUIRED BY STATE19
229+LAW, HAS REASON TO BELIEVE IS NOT GROUNDLESS AND, IF PROVEN20
230+TRUE, WOULD INDICATE MORE THAN A MINOR INFRACTION .21
208231 V. "S
209-TATE" MEANS ANY STATE , COMMONWEALTH , DISTRICT, OR
210-TERRITORY OF THE
211-UNITED STATES.
212-Section 3. State Participation in this Compact
232+TATE" MEANS ANY STATE , COMMONWEALTH , DISTRICT, OR22
233+TERRITORY OF THE UNITED STATES.23
234+Section 3. State Participation in this Compact24
213235 A. T
214-O PARTICIPATE IN THIS COMPACT, A PARTICIPATING STATE SHALL:
236+O PARTICIPATE IN THIS COMPACT, A PARTICIPATING STATE SHALL:25
215237 1. L
216-ICENSE PAS;
238+ICENSE PAS;26
217239 2. P
218-ARTICIPATE IN THE COMPACT COMMISSION'S DATA SYSTEM;
240+ARTICIPATE IN THE COMPACT COMMISSION'S DATA27
241+018
242+-6- SYSTEM;1
219243 3. H
220-AVE A MECHANISM IN PLACE FOR RECEIVING AND
221-INVESTIGATING COMPLAINTS AGAINST
222-LICENSEES AND
223-LICENSE APPLICANTS;
244+AVE A MECHANISM IN PLACE FOR RECEIVING AND2
245+INVESTIGATING COMPLAINTS AGAINST LICENSEES AND3
246+L
247+ICENSE APPLICANTS;4
224248 4. N
225-OTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS
226-OF THIS
227-COMPACT AND COMMISSION RULES, OF ANY ADVERSE
228-ACTION AGAINST A LICENSEE OR LICENSE APPLICANT AND
229-THE EXISTENCE OF
230-SIGNIFICANT INVESTIGATIVE INFORMATION
231-REGARDING A
232-LICENSEE OR LICENSE APPLICANT;
249+OTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS5
250+OF THIS COMPACT AND COMMISSION RULES, OF ANY6
251+A
252+DVERSE ACTION AGAINST A LICENSEE OR LICENSE7
253+APPLICANT AND THE EXISTENCE OF SIGNIFICANT8
254+I
255+NVESTIGATIVE INFORMATION REGARDING A LICENSEE OR9
256+L
257+ICENSE APPLICANT;10
233258 5. F
234-ULLY IMPLEMENT A CRIMINAL BACKGROUND CHECK
235-REQUIREMENT
236-, WITHIN A TIME FRAME ESTABLISHED BY
237-COMMISSION RULE, BY ITS LICENSING BOARD RECEIVING THE
238-PAGE 5-SENATE BILL 24-018 RESULTS OF A CRIMINAL BACKGROUND CHECK AND
239-REPORTING TO THE
240-COMMISSION WHETHER THE LICENSE
241-APPLICANT HAS BEEN GRANTED A
242-LICENSE;
259+ULLY IMPLEMENT A CRIMINAL BACKGROUND CHECK11
260+REQUIREMENT, WITHIN A TIME FRAME ESTABLISHED BY12
261+C
262+OMMISSION RULE, BY ITS LICENSING BOARD RECEIVING13
263+THE RESULTS OF A CRIMINAL BACKGROUND CHECK AND14
264+REPORTING TO THE COMMISSION WHETHER THE LICENSE15
265+APPLICANT HAS BEEN GRANTED A LICENSE;16
243266 6. C
244-OMPLY WITH THE RULES OF THE COMPACT COMMISSION;
267+OMPLY WITH THE RULES OF THE COMPACT COMMISSION;17
245268 7. U
246-TILIZE PASSAGE OF A RECOGNIZED NATIONAL EXAM SUCH AS
247-THE
248-NATIONAL COMMISSION ON CERTIFICATION OF
249-PHYSICIAN ASSISTANTS PHYSICIAN ASSISTANT NATIONAL
250-CERTIFYING EXAMINATION AS A REQUIREMENT FOR PA
251-LICENSURE;
269+TILIZE PASSAGE OF A RECOGNIZED NATIONAL EXAM SUCH18
270+AS THE NATIONAL COMMISSION ON CERTIFICATION OF19
271+P
272+HYSICIAN ASSISTANTS PHYSICIAN ASSISTANT NATIONAL20
273+C
274+ERTIFYING EXAMINATION AS A REQUIREMENT FOR PA21
275+LICENSURE;22
252276 8. G
253-RANT THE COMPACT PRIVILEGE TO A HOLDER OF A
254-QUALIFYING LICENSE IN A PARTICIPATING STATE.
277+RANT THE COMPACT PRIVILEGE TO A HOLDER OF A23
278+Q
279+UALIFYING LICENSE IN A PARTICIPATING STATE.24
255280 B. N
256-OTHING IN THIS COMPACT PROHIBITS A PARTICIPATING STATE FROM
257-CHARGING A FEE FOR GRANTING THE
258-COMPACT PRIVILEGE.
259-Section 4. Compact Privilege
281+OTHING IN THIS COMPACT PROHIBITS A PARTICIPATING STATE25
282+FROM CHARGING A FEE FOR GRANTING THE COMPACT PRIVILEGE.26
283+Section 4. Compact Privilege27
284+018
285+-7- A. TO EXERCISE THE COMPACT PRIVILEGE, A LICENSEE MUST:1
286+1. H
287+AVE GRADUATED FROM A PA PROGRAM ACCREDITED BY2
288+THE ACCREDITATION REVIEW COMMISSION ON EDUCATION3
289+FOR THE PHYSICIAN ASSISTANT, INC., OR OTHER PROGRAMS4
290+AUTHORIZED BY COMMISSION RULE;5
291+2. H
292+OLD CURRENT NATIONAL COMMISSION ON CERTIFICATION6
293+OF PHYSICIAN ASSISTANTS CERTIFICATION;7
294+3. H
295+AVE NO FELONY OR MISDEMEANOR CONVICTION;8
296+4. H
297+AVE NEVER HAD A CONTROLLED SUBSTANCE LICENSE ,9
298+PERMIT, OR REGISTRATION SUSPENDED OR REVOKED BY A10
299+S
300+TATE OR BY THE UNITED STATES DRUG ENFORCEMENT11
301+A
302+DMINISTRATION;12
303+5. H
304+AVE A UNIQUE IDENTIFIER AS DETERMINED BY13
305+C
306+OMMISSION RULE;14
307+6. H
308+OLD A QUALIFYING LICENSE;15
309+7. H
310+AVE HAD NO REVOCATION OF A LICENSE OR LIMITATION16
311+OR RESTRICTION ON ANY LICENSE CURRENTLY HELD DUE TO17
312+AN ADVERSE ACTION;18
313+8. I
314+F A LICENSEE HAS HAD A LIMITATION OR RESTRICTION ON19
315+A LICENSE OR COMPACT PRIVILEGE DUE TO AN ADVERSE20
316+A
317+CTION, TWO YEARS MUST HAVE ELAPSED FROM THE DATE21
318+ON WHICH THE LICENSE OR COMPACT PRIVILEGE IS NO22
319+LONGER LIMITED OR RESTRICTED DUE TO THE ADVERSE23
320+A
321+CTION;24
322+9. I
323+F A COMPACT PRIVILEGE HAS BEEN REVOKED OR IS LIMITED25
324+OR RESTRICTED IN A PARTICIPATING STATE FOR CONDUCT26
325+THAT WOULD NOT BE A BASIS FOR DISCIPLINARY ACTION IN27
326+018
327+-8- A PARTICIPATING STATE IN WHICH THE LICENSEE IS1
328+PRACTICING OR APPLYING TO PRACTICE UNDER A COMPACT2
329+P
330+RIVILEGE, THAT PARTICIPATING STATE SHALL HAVE THE3
331+DISCRETION NOT TO CONSIDER SUCH ACTION AS AN4
332+A
333+DVERSE ACTION REQUIRING THE DENIAL OR REMOVAL OF5
334+A COMPACT PRIVILEGE IN THAT STATE; 6
335+10. N
336+OTIFY THE COMPACT COMMISSION THAT THE LICENSEE IS7
337+SEEKING THE COMPACT PRIVILEGE IN A REMOTE STATE;8
338+11. M
339+EET ANY JURISPRUDENCE REQUIREMENT OF A REMOTE9
340+S
341+TATE IN WHICH THE LICENSEE IS SEEKING TO PRACTICE10
342+UNDER THE COMPACT PRIVILEGE AND PAY ANY FEES11
343+APPLICABLE TO SATISFYING THE JURISPRUDENCE12
344+R
345+EQUIREMENT;13
346+12. R
347+EPORT TO THE COMMISSION ANY ADVERSE ACTION TAKEN14
348+BY A NON-PARTICIPATING STATE WITHIN THIRTY (30) DAYS15
349+AFTER THE ACTION IS TAKEN.16
350+B. T
351+HE COMPACT PRIVILEGE IS VALID UNTIL THE EXPIRATION OR17
352+REVOCATION OF THE QUALIFYING LICENSE UNLESS TERMINATED18
353+PURSUANT TO AN ADVERSE ACTION. THE LICENSEE MUST ALSO19
354+COMPLY WITH ALL OF THE REQUIREMENTS OF SUBSECTION A OF20
355+THIS SECTION TO MAINTAIN THE COMPACT PRIVILEGE IN A REMOTE21
356+S
357+TATE. IF THE PARTICIPATING STATE TAKES ADVERSE ACTION22
358+AGAINST A QUALIFYING LICENSE, THE LICENSEE SHALL LOSE THE23
359+C
360+OMPACT PRIVILEGE IN ANY REMOTE STATE IN WHICH THE24
361+L
362+ICENSEE HAS A COMPACT PRIVILEGE UNTIL ALL OF THE25
363+FOLLOWING OCCUR:26
364+1. T
365+HE LICENSE IS NO LONGER LIMITED OR RESTRICTED; AND27
366+018
367+-9- 2. TWO (2) YEARS HAVE ELAPSED FROM THE DATE ON WHICH1
368+THE LICENSE IS NO LONGER LIMITED OR RESTRICTED DUE TO2
369+THE ADVERSE ACTION.3
370+C. O
371+NCE A RESTRICTED OR LIMITED LICENSE SATISFIES THE4
372+REQUIREMENTS OF SUBSECTIONS B.1 AND B.2 OF THIS SECTION,5
373+THE LICENSEE MUST MEET THE REQUIREMENTS OF SUBSECTION A6
374+OF THIS SECTION TO OBTAIN A COMPACT PRIVILEGE IN ANY7
375+R
376+EMOTE STATE.8
377+D. F
378+OR EACH REMOTE STATE IN WHICH A PA SEEKS AUTHORITY TO9
379+PRESCRIBE CONTROLLED SUBSTANCES , THE PA SHALL SATISFY ALL10
380+REQUIREMENTS IMPOSED BY SUCH STATE IN GRANTING OR11
381+RENEWING SUCH AUTHORITY .12
382+Section 5. Designation of the State from Which Licensee is13
383+Applying for a Compact Privilege14
384+A. U
385+PON A LICENSEE'S APPLICATION FOR A COMPACT PRIVILEGE, THE15
386+L
387+ICENSEE SHALL IDENTIFY TO THE COMMISSION THE16
388+P
389+ARTICIPATING STATE FROM WHICH THE LICENSEE IS APPLYING, IN17
390+ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE18
391+C
392+OMMISSION, AND SUBJECT TO THE FOLLOWING REQUIREMENTS :19
393+1. W
394+HEN APPLYING FOR A COMPACT PRIVILEGE, THE LICENSEE20
395+SHALL PROVIDE THE COMMISSION WITH THE ADDRESS OF21
396+THE LICENSEE'S PRIMARY RESIDENCE AND THEREAFTER22
397+SHALL IMMEDIATELY REPORT TO THE COMMISSION ANY23
398+CHANGE IN THE ADDRESS OF THE LICENSEE'S PRIMARY24
399+RESIDENCE.25
400+2. W
401+HEN APPLYING FOR A COMPACT PRIVILEGE, THE LICENSEE26
402+IS REQUIRED TO CONSENT TO ACCEPT SERVICE OF PROCESS27
403+018
404+-10- BY MAIL AT THE LICENSEE'S PRIMARY RESIDENCE ON FILE1
405+WITH THE COMMISSION WITH RESPECT TO ANY ACTION2
406+BROUGHT AGAINST THE LICENSEE BY THE COMMISSION OR3
407+A PARTICIPATING STATE, INCLUDING A SUBPOENA, WITH4
408+RESPECT TO ANY ACTION BROUGHT OR INVESTIGATION5
409+CONDUCTED BY THE COMMISSION OR A PARTICIPATING6
410+S
411+TATE.7
412+Section 6. Adverse Actions8
413+A. A
414+ PARTICIPATING STATE IN WHICH A LICENSEE IS LICENSED SHALL9
415+HAVE EXCLUSIVE POWER TO IMPOSE ADVERSE ACTION AGAINST10
416+THE QUALIFYING LICENSE ISSUED BY THAT PARTICIPATING STATE.11
417+B. I
418+N ADDITION TO THE OTHER POWERS CONFERRED BY STATE LAW, A12
419+R
420+EMOTE STATE SHALL HAVE THE AUTHORITY , IN ACCORDANCE13
421+WITH EXISTING STATE DUE PROCESS LAW , TO DO ALL OF THE14
422+FOLLOWING:15
423+1. T
424+AKE ADVERSE ACTION AGAINST A PA'S COMPACT16
425+P
426+RIVILEGE WITHIN THAT STATE TO REMOVE A LICENSEE'S17
427+C
428+OMPACT PRIVILEGE OR TAKE OTHER ACTION NECESSARY18
429+UNDER APPLICABLE LAW TO PROTECT THE HEALTH AND19
430+SAFETY OF ITS CITIZENS.20
431+2. I
432+SSUE SUBPOENAS FOR BOTH HEARINGS AND21
433+INVESTIGATIONS THAT REQUIRE THE ATTENDANCE AND22
434+TESTIMONY OF WITNESSES AS WELL AS THE PRODUCTION OF23
435+EVIDENCE. SUBPOENAS ISSUED BY A LICENSING BOARD IN24
436+A PARTICIPATING STATE FOR THE ATTENDANCE AND25
437+TESTIMONY OF WITNESSES OR THE PRODUCTION OF26
438+EVIDENCE FROM ANOTHER PARTICIPATING STATE SHALL BE27
439+018
440+-11- ENFORCED IN THE LATTER STATE BY ANY COURT OF1
441+COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE2
442+AND PROCEDURE OF THAT COURT APPLICABLE TO3
443+SUBPOENAS ISSUED IN PROCEEDINGS PENDING BEFORE IT .4
444+T
445+HE ISSUING AUTHORITY SHALL PAY ANY WITNESS FEES ,5
446+TRAVEL EXPENSES, MILEAGE, AND OTHER FEES REQUIRED BY6
447+THE SERVICE STATUTES OF THE STATE IN WHICH THE7
448+EVIDENCE OR WITNESSES ARE LOCATED .8
449+3. N
450+OTWITHSTANDING SUBSECTION A.2 OF THIS SECTION,9
451+SUBPOENAS MAY NOT BE ISSUED BY A PARTICIPATING10
452+S
453+TATE TO GATHER EVIDENCE OF CONDUCT IN ANOTHER11
454+S
455+TATE THAT IS LAWFUL IN THAT OTHER STATE FOR THE12
456+PURPOSE OF TAKING ADVERSE ACTION AGAINST A13
457+L
458+ICENSEE'S COMPACT PRIVILEGE OR APPLICATION FOR A14
459+C
460+OMPACT PRIVILEGE IN THAT PARTICIPATING STATE.15
461+4. N
462+OTHING IN THIS COMPACT AUTHORIZES A PARTICIPATING16
463+S
464+TATE TO IMPOSE DISCIPLINE AGAINST A PA'S COMPACT17
465+P
466+RIVILEGE OR TO DENY AN APPLICATION FOR A COMPACT18
467+P
468+RIVILEGE IN THAT PARTICIPATING STATE FOR THE19
469+INDIVIDUAL'S OTHERWISE LAWFUL PRACTICE IN ANOTHER20
470+S
471+TATE.21
472+C. F
473+OR PURPOSES OF TAKING ADVERSE ACTION, THE PARTICIPATING22
474+S
475+TATE WHICH ISSUED THE QUALIFYING LICENSE SHALL GIVE THE23
476+SAME PRIORITY AND EFFECT TO REPORTED CONDUCT RECEIVED24
477+FROM ANY OTHER PARTICIPATING STATE AS IT WOULD IF THE25
478+CONDUCT HAD OCCURRED WITHIN THE PARTICIPATING STATE26
479+WHICH ISSUED THE QUALIFYING LICENSE. IN SO DOING, THAT27
480+018
481+-12- PARTICIPATING STATE SHALL APPLY ITS OWN STATE LAWS TO1
482+DETERMINE APPROPRIATE ACTION .2
483+D. A
484+ PARTICIPATING STATE, IF OTHERWISE PERMITTED BY STATE LAW,3
485+MAY RECOVER FROM THE AFFECTED PA THE COSTS OF4
486+INVESTIGATIONS AND DISPOSITION OF CASES RESULTING FROM ANY5
487+A
488+DVERSE ACTION TAKEN AGAINST THAT PA.6
489+E. A
490+ PARTICIPATING STATE MAY TAKE ADVERSE ACTION BASED ON7
491+THE FACTUAL FINDINGS OF A REMOTE STATE, PROVIDED THAT THE8
492+P
493+ARTICIPATING STATE FOLLOWS ITS OWN PROCEDURES FOR TAKING9
494+THE ADVERSE ACTION.10
495+F. J
496+OINT INVESTIGATIONS11
497+1. I
498+N ADDITION TO THE AUTHORITY GRANTED TO A12
499+P
500+ARTICIPATING STATE BY ITS RESPECTIVE STATE PA LAWS13
501+AND REGULATIONS OR OTHER APPLICABLE STATE LAW, ANY14
502+P
503+ARTICIPATING STATE MAY PARTICIPATE WITH OTHER15
504+P
505+ARTICIPATING STATES IN JOINT INVESTIGATIONS OF16
506+L
507+ICENSEES.17
508+2. P
509+ARTICIPATING STATES SHALL SHARE ANY INVESTIGATIVE ,18
510+LITIGATION, OR COMPLIANCE MATERIALS IN FURTHERANCE19
511+OF ANY JOINT OR INDIVIDUAL INVESTIGATION INITIATED20
512+UNDER THIS COMPACT.21
513+G. I
514+F AN ADVERSE ACTION IS TAKEN AGAINST A PA'S QUALIFYING22
515+L
516+ICENSE, THE PA'S COMPACT PRIVILEGE IN ALL REMOTE STATES23
517+SHALL BE DEACTIVATED UNTIL TWO (2) YEARS HAVE ELAPSED24
518+AFTER ALL RESTRICTIONS HAVE BEEN REMOVED FROM THE STATE25
519+L
520+ICENSE. ALL DISCIPLINARY ORDERS BY THE PARTICIPATING STATE26
521+WHICH ISSUED THE QUALIFYING LICENSE THAT IMPOSE ADVERSE27
522+018
523+-13- ACTION AGAINST A PA'S LICENSE SHALL INCLUDE A STATEMENT1
524+THAT THE PA'S COMPACT PRIVILEGE IS DEACTIVATED IN ALL2
525+P
526+ARTICIPATING STATES DURING THE PENDENCY OF THE ORDER .3
527+H. I
528+F ANY PARTICIPATING STATE TAKES ADVERSE ACTION, IT4
529+PROMPTLY SHALL NOTIFY THE ADMINISTRATOR OF THE DATA5
530+S
531+YSTEM.6
532+Section 7. Establishment of the7
533+PA Licensure Compact Commission8
260534 A. T
261-O EXERCISE THE COMPACT PRIVILEGE, A LICENSEE MUST:
262-1. H
263-AVE GRADUATED FROM A PA PROGRAM ACCREDITED BY THE
264-ACCREDITATION REVIEW COMMISSION ON EDUCATION FOR
265-THE
266-PHYSICIAN ASSISTANT, INC., OR OTHER PROGRAMS
267-AUTHORIZED BY
268-COMMISSION RULE;
535+HE PARTICIPATING STATES HEREBY CREATE AND ESTABLISH A9
536+JOINT GOVERNMENT AGENCY AND NATIONAL ADMINISTRATIVE10
537+BODY KNOWN AS THE PA LICENSURE COMPACT COMMISSION. THE11
538+C
539+OMMISSION IS AN INSTRUMENTALITY OF THE COMPACT STATES12
540+ACTING JOINTLY AND NOT AN INSTRUMENTALITY OF ANY ONE13
541+S
542+TATE. THE COMMISSION SHALL COME INTO EXISTENCE ON OR14
543+AFTER THE EFFECTIVE DATE OF THE COMPACT AS SET FORTH IN15
544+S
545+ECTION 11.A OF THIS COMPACT.16
546+B. M
547+EMBERSHIP, VOTING, AND MEETINGS17
548+1. E
549+ACH PARTICIPATING STATE SHALL HAVE AND BE LIMITED18
550+TO ONE (1) DELEGATE SELECTED BY THAT PARTICIPATING19
551+S
552+TATE'S LICENSING BOARD OR, IF THE STATE HAS MORE20
553+THAN ONE LICENSING BOARD, SELECTED COLLECTIVELY BY21
554+THE PARTICIPATING STATE'S LICENSING BOARDS.22
555+2. T
556+HE DELEGATE SHALL BE EITHER:23
557+a. A
558+ CURRENT PA, PHYSICIAN, OR PUBLIC MEMBER OF24
559+A LICENSING BOARD OR PA COUNCIL/COMMITTEE;25
560+OR26
561+b. A
562+N ADMINISTRATOR OF A LICENSING BOARD.27
563+018
564+-14- 3. ANY DELEGATE MAY BE REMOVED OR SUSPENDED FROM1
565+OFFICE AS PROVIDED BY THE LAWS OF THE STATE FROM2
566+WHICH THE DELEGATE IS APPOINTED.3
567+4. T
568+HE PARTICIPATING STATE LICENSING BOARD SHALL FILL4
569+ANY VACANCY OCCURRING IN THE COMMISSION WITHIN5
570+SIXTY (60) DAYS.6
571+5. E
572+ACH DELEGATE SHALL BE ENTITLED TO ONE (1) VOTE ON7
573+ALL MATTERS VOTED ON BY THE COMMISSION AND SHALL8
574+OTHERWISE HAVE AN OPPORTUNITY TO PARTICIPATE IN THE9
575+BUSINESS AND AFFAIRS OF THE COMMISSION. A DELEGATE10
576+SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS11
577+PROVIDED IN THE BYLAWS. THE BYLAWS MAY PROVIDE FOR12
578+DELEGATES' PARTICIPATION IN MEETINGS BY13
579+TELECOMMUNICATIONS , VIDEO CONFERENCE, OR OTHER14
580+MEANS OF COMMUNICATION .15
581+6. T
582+HE COMMISSION SHALL MEET AT LEAST ONCE DURING16
583+EACH CALENDAR YEAR. ADDITIONAL MEETINGS SHALL BE17
584+HELD AS SET FORTH IN THIS COMPACT AND THE BYLAWS .18
585+7. T
586+HE COMMISSION SHALL ESTABLISH BY RULE A TERM OF19
587+OFFICE FOR DELEGATES.20
588+C. T
589+HE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND21
590+DUTIES:22
591+1. E
592+STABLISH A CODE OF ETHICS FOR THE COMMISSION;23
593+2. E
594+STABLISH THE FISCAL YEAR OF THE COMMISSION;24
595+3. E
596+STABLISH FEES;25
597+4. E
598+STABLISH BYLAWS;26
599+5. M
600+AINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH27
601+018
602+-15- THE BYLAWS;1
603+6. M
604+EET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH2
605+THE PROVISIONS OF THIS COMPACT AND THE BYLAWS ;3
606+7. P
607+ROMULGATE RULES TO FACILITATE AND COORDINATE4
608+IMPLEMENTATION AND ADMINISTRATION OF THIS COMPACT.5
609+T
610+HE RULES SHALL HAVE THE FORCE AND EFFECT OF LAW6
611+AND SHALL BE BINDING IN ALL PARTICIPATING STATES.7
612+8. B
613+RING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN8
614+THE NAME OF THE COMMISSION, PROVIDED THAT THE9
615+STANDING OF ANY STATE LICENSING BOARD TO SUE OR BE10
616+SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED ;11
617+9. P
618+URCHASE AND MAINTAIN INSURANCE AND BONDS ;12
619+10. B
620+ORROW, ACCEPT, OR CONTRACT FOR SERVICES OF13
621+PERSONNEL, INCLUDING, BUT NOT LIMITED TO, EMPLOYEES14
622+OF A PARTICIPATING STATE;15
623+11. H
624+IRE EMPLOYEES AND ENGAGE CONTRACTORS , ELECT OR16
625+APPOINT OFFICERS, FIX COMPENSATION, DEFINE DUTIES,17
626+GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO18
627+CARRY OUT THE PURPOSES OF THIS COMPACT, AND19
628+ESTABLISH THE COMMISSION'S PERSONNEL POLICIES AND20
629+PROGRAMS RELATING TO CONFLICTS OF INTEREST ,21
630+QUALIFICATIONS OF PERSONNEL , AND OTHER RELATED22
631+PERSONNEL MATTERS;23
632+12. A
633+CCEPT ANY AND ALL APPROPRIATE DONATIONS AND24
634+GRANTS OF MONEY, EQUIPMENT, SUPPLIES, MATERIALS, AND25
635+SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE26
636+SAME; PROVIDED THAT AT ALL TIMES THE COMMISSION27
637+018
638+-16- SHALL AVOID ANY APPEARANCE OF IMPROPRIETY OR1
639+CONFLICT OF INTEREST;2
640+13. L
641+EASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR3
642+DONATIONS OF, OR OTHERWISE OWN, HOLD, IMPROVE, OR4
643+USE, ANY PROPERTY, REAL, PERSONAL, OR MIXED; PROVIDED5
644+THAT AT ALL TIMES THE COMMISSION SHALL AVOID ANY6
645+APPEARANCE OF IMPROPRIETY;7
646+14. S
647+ELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,8
648+ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY, REAL,9
649+PERSONAL, OR MIXED;10
650+15. E
651+STABLISH A BUDGET AND MAKE EXPENDITURES ;11
652+16. B
653+ORROW MONEY;12
654+17. A
655+PPOINT COMMITTEES, INCLUDING STANDING COMMITTEES13
656+COMPOSED OF MEMBERS , STATE REGULATORS, STATE14
657+LEGISLATORS OR THEIR REPRESENTATIVES , AND CONSUMER15
658+REPRESENTATIVES, AND SUCH OTHER INTERESTED PERSONS16
659+AS MAY BE DESIGNATED IN THIS COMPACT AND THE17
660+BYLAWS;18
661+18. P
662+ROVIDE AND RECEIVE INFORMATION FROM , AND19
663+COOPERATE WITH, LAW ENFORCEMENT AGENCIES ;20
664+19. E
665+LECT A CHAIR, VICE CHAIR, SECRETARY, AND TREASURER21
666+AND SUCH OTHER OFFICERS OF THE COMMISSION AS22
667+PROVIDED IN THE COMMISSION'S BYLAWS;23
668+20. R
669+ESERVE FOR ITSELF, IN ADDITION TO THOSE RESERVED24
670+EXCLUSIVELY TO THE COMMISSION UNDER THE COMPACT,25
671+POWERS THAT THE EXECUTIVE COMMITTEE MAY NOT26
672+EXERCISE;27
673+018
674+-17- 21. APPROVE OR DISAPPROVE A STATE'S PARTICIPATION IN THE1
675+C
676+OMPACT BASED UPON ITS DETERMINATION AS TO WHETHER2
677+THE STATE'S COMPACT LEGISLATION DEPARTS IN A3
678+MATERIAL MANNER FROM THE MODEL COMPACT4
679+LANGUAGE;5
680+22. P
681+REPARE AND PROVIDE TO THE PARTICIPATING STATES AN6
682+ANNUAL REPORT; AND7
683+23. P
684+ERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY8
685+OR APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS9
686+C
687+OMPACT CONSISTENT WITH THE STATE REGULATION OF PA10
688+LICENSURE AND PRACTICE.11
689+D. M
690+EETINGS OF THE COMMISSION12
691+1. A
692+LL MEETINGS OF THE COMMISSION THAT ARE NOT CLOSED13
693+PURSUANT TO THIS SUBSECTION D.1 SHALL BE OPEN TO THE14
694+PUBLIC. NOTICE OF PUBLIC MEETINGS SHALL BE POSTED ON15
695+THE COMMISSION'S WEBSITE AT LEAST THIRTY (30) DAYS16
696+PRIOR TO THE PUBLIC MEETING.17
697+2. N
698+OTWITHSTANDING SUBSECTION D.1 OF THIS SECTION, THE18
699+C
700+OMMISSION MAY CONVENE A PUBLIC MEETING BY19
701+PROVIDING AT LEAST TWENTY -FOUR (24) HOURS PRIOR20
702+NOTICE ON THE COMMISSION'S WEBSITE, AND ANY OTHER21
703+MEANS AS PROVIDED IN THE COMMISSION'S RULES, FOR ANY22
704+OF THE REASONS IT MAY DISPENSE WITH NOTICE OF23
705+PROPOSED RULEMAKING UNDER SECTION 9.L OF THIS24
706+C
707+OMPACT.25
708+3. T
709+HE COMMISSION MAY CONVENE IN A CLOSED , NON-PUBLIC26
710+MEETING OR NON-PUBLIC PART OF A PUBLIC MEETING TO27
711+018
712+-18- RECEIVE LEGAL ADVICE OR TO DISCUSS:1
713+a. N
714+ON-COMPLIANCE OF A PARTICIPATING STATE WITH2
715+ITS OBLIGATIONS UNDER THIS COMPACT;3
716+b. T
717+HE EMPLOYMENT, COMPENSATION, DISCIPLINE OR4
718+OTHER ENFORCEMENT MATTERS , PRACTICES, OR5
719+PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR6
720+OTHER MATTERS RELATED TO THE COMMISSION'S7
721+INTERNAL PERSONNEL PRACTICES AND PROCEDURES ;8
722+c. C
723+URRENT, THREATENED , OR REASONABLY9
724+ANTICIPATED LITIGATION;10
725+d. N
726+EGOTIATION OF CONTRACTS FOR THE PURCHASE ,11
727+LEASE, OR SALE OF GOODS, SERVICES, OR REAL12
728+ESTATE;13
729+e. A
730+CCUSING ANY PERSON OF A CRIME OR FORMALLY14
731+CENSURING ANY PERSON;15
732+f. D
733+ISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR16
734+FINANCIAL INFORMATION THAT IS PRIVILEGED OR17
735+CONFIDENTIAL;18
736+g. D
737+ISCLOSURE OF INFORMATION OF A PERSONAL19
738+NATURE WHERE DISCLOSURE WOULD CONSTITUTE A20
739+CLEARLY UNWARRANTED INVASION OF PERSONAL21
740+PRIVACY;22
741+h. D
742+ISCLOSURE OF INVESTIGATIVE RECORDS COMPILED23
743+FOR LAW ENFORCEMENT PURPOSES ;24
744+i. D
745+ISCLOSURE OF INFORMATION RELATED TO ANY25
746+INVESTIGATIVE REPORTS PREPARED BY OR ON26
747+BEHALF OF OR FOR USE OF THE COMMISSION OR27
748+018
749+-19- OTHER COMMITTEE CHARGED WITH RESPONSIBILITY1
750+OF INVESTIGATION OR DETERMINATION OF2
751+COMPLIANCE ISSUES PURSUANT TO THIS COMPACT;3
752+j. L
753+EGAL ADVICE; OR4
754+k. M
755+ATTERS SPECIFICALLY EXEMPTED FROM5
756+DISCLOSURE BY FEDERAL OR PARTICIPATING STATES'6
757+STATUTES.7
758+4. I
759+F A MEETING, OR PORTION OF A MEETING , IS CLOSED8
760+PURSUANT TO THIS SUBSECTION D, THE CHAIR OF THE9
761+MEETING OR THE CHAIR'S DESIGNEE SHALL CERTIFY THAT10
762+THE MEETING OR PORTION OF THE MEETING MAY BE CLOSED11
763+AND SHALL REFERENCE EACH RELEVANT EXEMPTING12
764+PROVISION.13
765+5. T
766+HE COMMISSION SHALL KEEP MINUTES THAT FULLY AND14
767+CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING15
768+AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF16
769+ACTIONS TAKEN, INCLUDING A DESCRIPTION OF THE VIEWS17
770+EXPRESSED. ALL DOCUMENTS CONSIDERED IN CONNECTION18
771+WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES .19
772+A
773+LL MINUTES AND DOCUMENTS OF A CLOSED MEETING20
774+SHALL REMAIN UNDER SEAL , SUBJECT TO RELEASE BY A21
775+MAJORITY VOTE OF THE COMMISSION OR ORDER OF A COURT22
776+OF COMPETENT JURISDICTION.23
777+E. F
778+INANCING OF THE COMMISSION24
779+1. T
780+HE COMMISSION SHALL PAY , OR PROVIDE FOR THE25
781+PAYMENT OF, THE REASONABLE EXPENSES OF ITS26
782+ESTABLISHMENT, ORGANIZATION, AND ONGOING ACTIVITIES.27
783+018
784+-20- 2. THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRIATE1
785+REVENUE SOURCES, DONATIONS, AND GRANTS OF MONEY,2
786+EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES.3
787+3. T
788+HE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL4
789+ASSESSMENT FROM EACH PARTICIPATING STATE AND MAY5
790+IMPOSE COMPACT PRIVILEGE FEES ON LICENSEES OF6
791+P
792+ARTICIPATING STATES TO WHOM A COMPACT PRIVILEGE IS7
793+GRANTED TO COVER THE COST OF THE OPERATIONS AND8
794+ACTIVITIES OF THE COMMISSION AND ITS STAFF, WHICH9
795+MUST BE IN A TOTAL AMOUNT SUFFICIENT TO COVER ITS10
796+ANNUAL BUDGET AS APPROVED BY THE COMMISSION EACH11
797+YEAR FOR WHICH REVENUE IS NOT PROVIDED BY OTHER12
798+SOURCES. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT13
799+LEVIED ON PARTICIPATING STATES SHALL BE ALLOCATED14
800+BASED UPON A FORMULA TO BE DETERMINED BY15
801+C
802+OMMISSION RULE.16
803+a. A
804+ COMPACT PRIVILEGE EXPIRES WHEN THE17
805+L
806+ICENSEE'S QUALIFYING LICENSE IN THE18
807+P
808+ARTICIPATING STATE FROM WHICH THE LICENSEE19
809+APPLIED FOR THE COMPACT PRIVILEGE EXPIRES.20
810+b. I
811+F THE LICENSEE TERMINATES THE QUALIFYING21
812+L
813+ICENSE THROUGH WHICH THE LICENSEE APPLIED22
814+FOR THE COMPACT PRIVILEGE BEFORE ITS23
815+SCHEDULED EXPIRATION, AND THE LICENSEE HAS A24
816+Q
817+UALIFYING LICENSE IN ANOTHER PARTICIPATING25
818+S
819+TATE, THE LICENSEE SHALL INFORM THE26
820+C
821+OMMISSION THAT THE LICENSEE IS CHANGING TO27
822+018
823+-21- THAT PARTICIPATING STATE THE PARTICIPATING1
824+S
825+TATE THROUGH WHICH IT APPLIES FOR A COMPACT2
826+P
827+RIVILEGE AND PAY TO THE COMMISSION ANY3
828+C
829+OMPACT PRIVILEGE FEE REQUIRED BY COMMISSION4
830+R
831+ULE.5
832+4. T
833+HE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY6
834+KIND PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET7
835+THE SAME; NOR SHALL THE COMMISSION PLEDGE THE8
836+CREDIT OF ANY OF THE PARTICIPATING STATES, EXCEPT BY9
837+AND WITH THE AUTHORITY OF THE PARTICIPATING STATE.10
838+5. T
839+HE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL11
840+RECEIPTS AND DISBURSEMENTS . THE RECEIPTS AND12
841+DISBURSEMENTS OF THE COMMISSION SHALL BE SUBJECT TO13
842+THE FINANCIAL REVIEW AND ACCOUNTING PROCEDURES14
843+ESTABLISHED UNDER ITS BYLAWS . ALL RECEIPTS AND15
844+DISBURSEMENTS OF FUNDS HANDLED BY THE COMMISSION16
845+SHALL BE SUBJECT TO AN ANNUAL FINANCIAL REVIEW BY A17
846+CERTIFIED OR LICENSED PUBLIC ACCOUNTANT , AND THE18
847+REPORT OF THE FINANCIAL REVIEW SHALL BE INCLUDED IN19
848+AND BECOME PART OF THE ANNUAL REPORT OF THE20
849+C
850+OMMISSION.21
851+F. T
852+HE EXECUTIVE COMMITTEE22
853+1. T
854+HE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO23
855+ACT ON BEHALF OF THE COMMISSION ACCORDING TO THE24
856+TERMS OF THIS COMPACT AND COMMISSION RULES.25
857+2. T
858+HE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF NINE26
859+(9)
860+ MEMBERS:27
861+018
862+-22- a. SEVEN (7) VOTING MEMBERS WHO ARE ELECTED BY1
863+THE COMMISSION FROM THE CURRENT MEMBERSHIP2
864+OF THE COMMISSION;3
865+b. O
866+NE (1) EX OFFICIO, NONVOTING MEMBER FROM A4
867+RECOGNIZED NATIONAL PA PROFESSIONAL5
868+ASSOCIATION; AND6
869+c. O
870+NE (1) EX OFFICIO, NONVOTING MEMBER FROM A7
871+RECOGNIZED NATIONAL PA CERTIFICATION8
872+ORGANIZATION.9
873+3. T
874+HE EX OFFICIO MEMBERS WILL BE SELECTED BY THEIR10
875+RESPECTIVE ORGANIZATIONS.11
876+4. T
877+HE COMMISSION MAY REMOVE ANY MEMBER OF THE12
878+E
879+XECUTIVE COMMITTEE AS PROVIDED IN ITS BYLAWS .13
880+5. T
881+HE EXECUTIVE COMMITTEE SHALL MEET AT LEAST14
882+ANNUALLY.15
883+6. T
884+HE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING16
885+DUTIES AND RESPONSIBILITIES:17
886+a. R
887+ECOMMEND TO THE COMMISSION CHANGES TO THE18
888+C
889+OMMISSION'S RULES OR BYLAWS, CHANGES TO THIS19
890+C
891+OMPACT LEGISLATION, FEES TO BE PAID BY20
892+C
893+OMPACT PARTICIPATING STATES SUCH AS ANNUAL21
894+DUES, AND ANY COMMISSION COMPACT FEE22
895+CHARGED TO LICENSEES FOR THE COMPACT23
896+P
897+RIVILEGE;24
898+b. E
899+NSURE COMPACT ADMINISTRATION SERVICES ARE25
900+APPROPRIATELY PROVIDED , CONTRACTUAL OR26
901+OTHERWISE;27
902+018
903+-23- c. PREPARE AND RECOMMEND THE BUDGET ;1
904+d. M
905+AINTAIN FINANCIAL RECORDS ON BEHALF OF THE2
906+C
907+OMMISSION;3
908+e. M
909+ONITOR COMPACT COMPLIANCE OF PARTICIPATING4
910+S
911+TATES AND PROVIDE COMPLIANCE REPORTS TO THE5
912+C
913+OMMISSION;6
914+f. E
915+STABLISH ADDITIONAL COMMITTEES AS7
916+NECESSARY;8
917+g. E
918+XERCISE THE POWERS AND DUTIES OF THE9
919+C
920+OMMISSION DURING THE INTERIM BETWEEN10
921+C
922+OMMISSION MEETINGS , EXCEPT FOR ISSUING11
923+PROPOSED RULEMAKING OR ADOPTING COMMISSION12
924+R
925+ULES OR BYLAWS, OR EXERCISING ANY OTHER13
926+POWERS AND DUTIES EXCLUSIVELY RESERVED TO14
927+THE COMMISSION BY THE COMMISSION'S RULES;15
928+AND16
929+h. P
930+ERFORM OTHER DUTIES AS PROVIDED IN THE17
931+C
932+OMMISSION'S RULES OR BYLAWS.18
933+7. A
934+LL MEETINGS OF THE EXECUTIVE COMMITTEE AT WHICH19
935+IT VOTES OR PLANS TO VOTE ON MATTERS IN EXERCISING20
936+THE POWERS AND DUTIES OF THE COMMISSION SHALL BE21
937+OPEN TO THE PUBLIC , AND PUBLIC NOTICE OF SUCH22
938+MEETINGS SHALL BE GIVEN AS PUBLIC MEETINGS OF THE23
939+C
940+OMMISSION ARE GIVEN.24
941+8. T
942+HE EXECUTIVE COMMITTEE MAY CONVENE IN A CLOSED ,25
943+NON-PUBLIC MEETING FOR THE SAME REASONS THAT THE26
944+C
945+OMMISSION MAY CONVENE IN A NON -PUBLIC MEETING AS27
946+018
947+-24- SET FORTH IN SUBSECTION D.3 OF THIS SECTION AND SHALL1
948+ANNOUNCE THE CLOSED MEETING AS THE COMMISSION IS2
949+REQUIRED TO UNDER SUBSECTION D.4 OF THIS SECTION AND3
950+KEEP MINUTES OF THE CLOSED MEETING AS THE4
951+C
952+OMMISSION IS REQUIRED TO UNDER SUBSECTION D.5 OF5
953+THIS SECTION.6
954+G. Q
955+UALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION7
956+1. T
957+HE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR ,8
958+EMPLOYEES, AND REPRESENTATIVES OF THE COMMISSION9
959+SHALL BE IMMUNE FROM SUIT AND LIABILITY , BOTH10
960+PERSONALLY AND IN THEIR OFFICIAL CAPACITY , FOR ANY11
961+CLAIM FOR DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL12
962+INJURY OR OTHER CIVIL LIABILITY CAUSED BY OR ARISING13
963+OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION14
964+THAT OCCURRED, OR THAT THE PERSON AGAINST WHOM THE15
965+CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING16
966+OCCURRED WITHIN THE SCOPE OF COMMISSION17
967+EMPLOYMENT, DUTIES, OR RESPONSIBILITIES; PROVIDED18
968+THAT NOTHING HEREIN SHALL BE CONSTRUED TO PROTECT19
969+ANY SUCH PERSON FROM SUIT OR LIABILITY FOR ANY20
970+DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED BY THE21
971+INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF22
972+THAT PERSON. THE PROCUREMENT OF INSURANCE OF ANY23
973+TYPE BY THE COMMISSION SHALL NOT IN ANY WAY24
974+COMPROMISE OR LIMIT THE IMMUNITY GRANTED25
975+HEREUNDER. 26
976+2. T
977+HE COMMISSION SHALL DEFEND ANY MEMBER , OFFICER,27
978+018
979+-25- EXECUTIVE DIRECTOR, EMPLOYEE, AND REPRESENTATIVE OF1
980+THE COMMISSION IN ANY CIVIL ACTION SEEKING TO IMPOSE2
981+LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED ACT ,3
982+ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF4
983+C
984+OMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES,5
985+OR AS DETERMINED BY THE COMMISSION THAT THE PERSON6
986+AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE7
987+BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF8
988+C
989+OMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;9
990+PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO10
991+PROHIBIT THAT PERSON FROM RETAINING THEIR OWN11
992+COUNSEL AT THEIR OWN EXPENSE; AND PROVIDED FURTHER,12
993+THAT THE ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION13
994+DID NOT RESULT FROM THAT PERSON 'S INTENTIONAL OR14
995+WILLFUL OR WANTON MISCONDUCT .15
996+3. T
997+HE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS16
998+ANY MEMBER, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE,17
999+AND REPRESENTATIVE OF THE COMMISSION FOR THE18
1000+AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED19
1001+AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR20
1002+ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED21
1003+WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES,22
1004+OR RESPONSIBILITIES, OR THAT SUCH PERSON HAD A23
1005+REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE24
1006+SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR25
1007+RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR26
1008+ALLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM27
1009+018
1010+-26- THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF1
1011+THAT PERSON.2
1012+4. V
1013+ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR3
1014+AGAINST THE COMMISSION SHALL BE BROUGHT SOLELY AND4
1015+EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION5
1016+WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS6
1017+LOCATED. THE COMMISSION MAY WAIVE VENUE AND7
1018+JURISDICTIONAL DEFENSES IN ANY PROCEEDINGS AS8
1019+AUTHORIZED BY COMMISSION RULES.9
1020+5. N
1021+OTHING HEREIN SHALL BE CONSTRUED AS A LIMITATION10
1022+ON THE LIABILITY OF ANY LICENSEE FOR PROFESSIONAL11
1023+MALPRACTICE OR MISCONDUCT , WHICH SHALL BE12
1024+GOVERNED SOLELY BY ANY OTHER APPLICABLE STATE13
1025+LAWS.14
1026+6. N
1027+OTHING HEREIN SHALL BE CONSTRUED TO DESIGNATE THE15
1028+VENUE OR JURISDICTION TO BRING ACTIONS FOR ALLEGED16
1029+ACTS OF MALPRACTICE , PROFESSIONAL MISCONDUCT ,17
1030+NEGLIGENCE, OR OTHER SUCH CIVIL ACTION PERTAINING TO18
1031+THE PRACTICE OF A PA. ALL SUCH MATTERS SHALL BE19
1032+DETERMINED EXCLUSIVELY BY STATE LAW OTHER THAN20
1033+THIS COMPACT.21
1034+7. N
1035+OTHING IN THIS COMPACT SHALL BE INTERPRETED TO22
1036+WAIVE OR OTHERWISE ABROGATE A PARTICIPATING STATE'S23
1037+STATE ACTION IMMUNITY OR STATE ACTION AFFIRMATIVE24
1038+DEFENSE WITH RESPECT TO ANTITRUST CLAIMS UNDER THE25
1039+S
1040+HERMAN ACT, CLAYTON ACT, OR ANY OTHER STATE OR26
1041+FEDERAL ANTITRUST OR ANTICOMPETITIVE LAW OR27
1042+018
1043+-27- REGULATION.1
1044+8. N
1045+OTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A2
1046+WAIVER OF SOVEREIGN IMMUNITY BY THE PARTICIPATING3
1047+S
1048+TATES OR BY THE COMMISSION.4
1049+Section 8. Data System5
1050+A. T
1051+HE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT ,6
1052+MAINTENANCE, OPERATION, AND UTILIZATION OF A COORDINATED7
1053+DATA AND REPORTING SYSTEM CONTAINING LICENSURE8
1054+INFORMATION, ADVERSE ACTION INFORMATION , AND THE9
1055+REPORTING OF THE EXISTENCE OF SIGNIFICANT INVESTIGATIVE10
1056+I
1057+NFORMATION ON ALL LICENSED PAS AND APPLICANTS DENIED A11
1058+L
1059+ICENSE IN PARTICIPATING STATES.12
1060+B. N
1061+OTWITHSTANDING ANY OTHER STATE LAW TO THE CONTRARY, A13
1062+P
1063+ARTICIPATING STATE SHALL SUBMIT A UNIFORM DATA SET TO THE14
1064+D
1065+ATA SYSTEM ON ALL PAS TO WHOM THIS COMPACT IS15
1066+APPLICABLE (UTILIZING A UNIQUE IDENTIFIER) AS REQUIRED BY THE16
1067+R
1068+ULES OF THE COMMISSION, INCLUDING:17
1069+1. I
1070+DENTIFYING INFORMATION;18
1071+2. L
1072+ICENSURE DATA;19
1073+3. A
1074+DVERSE ACTIONS AGAINST A LICENSE OR COMPACT20
1075+P
1076+RIVILEGE;21
1077+4. A
1078+NY DENIAL OF APPLICATION FOR LICENSURE , AND THE22
1079+REASON(S) FOR SUCH DENIAL (EXCLUDING THE REPORTING23
1080+OF ANY CRIMINAL HISTORY RECORD INFORMATION WHERE24
1081+PROHIBITED BY LAW);25
1082+5. T
1083+HE EXISTENCE OF SIGNIFICANT INVESTIGATIVE26
1084+I
1085+NFORMATION; AND27
1086+018
1087+-28- 6. OTHER INFORMATION THAT MAY FACILITATE THE1
1088+ADMINISTRATION OF THIS COMPACT, AS DETERMINED BY2
1089+THE RULES OF THE COMMISSION.3
1090+C. S
1091+IGNIFICANT INVESTIGATIVE INFORMATION PERTAINING TO A4
1092+L
1093+ICENSEE IN ANY PARTICIPATING STATE SHALL ONLY BE5
1094+AVAILABLE TO OTHER PARTICIPATING STATES.6
1095+D. T
1096+HE COMMISSION SHALL PROMPTLY NOTIFY ALL PARTICIPATING7
1097+S
1098+TATES OF ANY ADVERSE ACTION TAKEN AGAINST A LICENSEE OR8
1099+AN INDIVIDUAL APPLYING FOR A LICENSE THAT HAS BEEN9
1100+REPORTED TO IT. THIS ADVERSE ACTION INFORMATION SHALL BE10
1101+AVAILABLE TO ANY OTHER PARTICIPATING STATE.11
1102+E. P
1103+ARTICIPATING STATES CONTRIBUTING INFORMATION TO THE12
1104+D
1105+ATA SYSTEM MAY, IN ACCORDANCE WITH STATE OR FEDERAL13
1106+LAW, DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH14
1107+THE PUBLIC WITHOUT THE EXPRESS PERMISSION OF THE15
1108+CONTRIBUTING STATE. NOTWITHSTANDING ANY SUCH16
1109+DESIGNATION, SUCH INFORMATION SHALL BE REPORTED TO THE17
1110+C
1111+OMMISSION THROUGH THE DATA SYSTEM.18
1112+F. A
1113+NY INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS19
1114+SUBSEQUENTLY EXPUNGED PURSUANT TO FEDERAL LAW OR THE20
1115+LAWS OF THE PARTICIPATING STATE CONTRIBUTING THE21
1116+INFORMATION SHALL BE REMOVED FROM THE DATA SYSTEM UPON22
1117+REPORTING OF SUCH BY THE PARTICIPATING STATE TO THE23
1118+C
1119+OMMISSION.24
1120+G. T
1121+HE RECORDS AND INFORMATION PROVIDED TO A PARTICIPATING25
1122+S
1123+TATE PURSUANT TO THIS COMPACT OR THROUGH THE DATA26
1124+S
1125+YSTEM, WHEN CERTIFIED BY THE COMMISSION OR AN AGENT27
1126+018
1127+-29- THEREOF, SHALL CONSTITUTE THE AUTHENTICATED BUSINESS1
1128+RECORDS OF THE COMMISSION, AND SHALL BE ENTITLED TO ANY2
1129+ASSOCIATED HEARSAY EXCEPTION IN ANY RELEVANT JUDICIAL ,3
1130+QUASI-JUDICIAL, OR ADMINISTRATIVE PROCEEDINGS IN A4
1131+P
1132+ARTICIPATING STATE.5
1133+Section 9. Rulemaking6
1134+A. T
1135+HE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS7
1136+PURSUANT TO THE CRITERIA SET FORTH IN THIS SECTION AND THE8
1137+R
1138+ULES ADOPTED THEREUNDER . COMMISSION RULES SHALL9
1139+BECOME BINDING AS OF THE DATE SPECIFIED BY THE COMMISSION10
1140+FOR EACH RULE.11
1141+B. T
1142+HE COMMISSION SHALL PROMULGATE REASONABLE RULES IN12
1143+ORDER TO EFFECTIVELY AND EFFICIENTLY IMPLEMENT AND13
1144+ADMINISTER THIS COMPACT AND ACHIEVE ITS PURPOSES . A14
1145+C
1146+OMMISSION RULE SHALL BE INVALID AND HAVE NO FORCE OR15
1147+EFFECT ONLY IF A COURT OF COMPETENT JURISDICTION HOLDS THAT16
1148+THE RULE IS INVALID BECAUSE THE COMMISSION EXERCISED ITS17
1149+RULEMAKING AUTHORITY IN A MANNER THAT IS BEY OND THE SCOPE18
1150+OF THE PURPOSES OF THIS COMPACT, OR THE POWERS GRANTED19
1151+HEREUNDER, OR BASED UPON ANOTHER APPLICABLE STANDARD OF20
1152+REVIEW.21
1153+C. T
1154+HE RULES OF THE COMMISSION SHALL HAVE THE FORCE OF LAW22
1155+IN EACH PARTICIPATING STATE, PROVIDED HOWEVER THAT WHERE23
1156+THE RULES OF THE COMMISSION CONFLICT WITH THE LAWS OF THE24
1157+P
1158+ARTICIPATING STATE THAT ESTABLISH THE MEDICAL SERVICES A25
1159+PA
1160+ MAY PERFORM IN THE PARTICIPATING STATE, AS HELD BY A26
1161+COURT OF COMPETENT JURISDICTION , THE RULES OF THE27
1162+018
1163+-30- COMMISSION SHALL BE INEFFECTIVE IN THAT STATE TO THE1
1164+EXTENT OF THE CONFLICT.2
1165+D. I
1166+F A MAJORITY OF THE LEGISLATURES OF THE PARTICIPATING3
1167+S
1168+TATES REJECTS A COMMISSION RULE, BY ENACTMENT OF A4
1169+STATUTE OR RESOLUTION IN THE SAME MANNER USED TO ADOPT5
1170+THIS COMPACT WITHIN FOUR (4) YEARS OF THE DATE OF ADOPTION6
1171+OF THE RULE, THEN SUCH RULE SHALL HAVE NO FURTHER FORCE7
1172+AND EFFECT IN ANY PARTICIPATING STATE OR TO ANY STATE8
1173+APPLYING TO PARTICIPATE IN THE COMPACT.9
1174+E. C
1175+OMMISSION RULES SHALL BE ADOPTED AT A REGULAR OR SPECIAL10
1176+MEETING OF THE COMMISSION.11
1177+F. P
1178+RIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR12
1179+R
1180+ULES BY THE COMMISSION, AND AT LEAST THIRTY (30) DAYS IN13
1181+ADVANCE OF THE MEETING AT WHICH THE RULE WILL BE14
1182+CONSIDERED AND VOTED UPON , THE COMMISSION SHALL FILE A15
1183+NOTICE OF PROPOSED RULEMAKING : 16
1184+1. O
1185+N THE WEBSITE OF THE COMMISSION OR OTHER PUBLICLY17
1186+ACCESSIBLE PLATFORM;18
1187+2. T
1188+O PERSONS WHO HAVE REQUESTED THE COMMISSION'S19
1189+NOTICES OF PROPOSED RULEMAKING ; AND20
1190+3. I
1191+N SUCH OTHER WAY(S) AS THE COMMISSION MAY BY RULE21
1192+SPECIFY.22
1193+G. T
1194+HE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE :23
1195+1. T
1196+HE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING ON24
1197+THE PROPOSED RULE AND THE PROPOSED TIME, DATE, AND25
1198+LOCATION OF THE MEETING IN WHICH THE PROPOSED RULE26
1199+WILL BE CONSIDERED AND VOTED UPON ;27
1200+018
1201+-31- 2. THE TEXT OF THE PROPOSED RULE AND THE REASON FOR1
1202+THE PROPOSED RULE;2
1203+3. A
1204+ REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM3
1205+ANY INTERESTED PERSON AND THE DATE BY WHICH4
1206+WRITTEN COMMENTS MUST BE RECEIVED ; AND5
1207+4. T
1208+HE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT6
1209+NOTICE TO THE COMMISSION OF THEIR INTENTION TO7
1210+ATTEND THE PUBLIC HEARING OR PROVIDE ANY WRITTEN8
1211+COMMENTS.9
1212+H. P
1213+RIOR TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL10
1214+ALLOW PERSONS TO SUBMIT WRITTEN DATA , FACTS, OPINIONS, AND11
1215+ARGUMENTS, WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC .12
1216+I. I
1217+F THE HEARING IS TO BE HELD VIA ELECTRONIC MEANS , THE13
1218+C
1219+OMMISSION SHALL PUBLISH THE MECHANISM FOR ACCESS TO THE14
1220+ELECTRONIC HEARING.15
1221+1. A
1222+LL PERSONS WISHING TO BE HEARD AT THE HEARING16
1223+SHALL AS DIRECTED IN THE NOTICE OF PROPOSED17
1224+RULEMAKING, NOT LESS THAN FIVE (5) BUSINESS DAYS18
1225+BEFORE THE SCHEDULED DATE OF THE HEARING , NOTIFY THE19
1226+C
1227+OMMISSION OF THEIR DESIRE TO APPEAR AND TESTIFY AT20
1228+THE HEARING.21
2691229 2. H
270-OLD CURRENT NATIONAL COMMISSION ON CERTIFICATION
271-OF
272-PHYSICIAN ASSISTANTS CERTIFICATION;
273-3. H
274-AVE NO FELONY OR MISDEMEANOR CONVICTION;
275-4. H
276-AVE NEVER HAD A CONTROLLED SUBSTANCE LICENSE ,
277-PERMIT, OR REGISTRATION SUSPENDED OR REVOKED BY A
278-STATE OR BY THE UNITED STATES DRUG ENFORCEMENT
279-ADMINISTRATION;
280-5. H
281-AVE A UNIQUE IDENTIFIER AS DETERMINED BY COMMISSION
282-RULE;
283-PAGE 6-SENATE BILL 24-018 6. HOLD A QUALIFYING LICENSE;
284-7. H
285-AVE HAD NO REVOCATION OF A LICENSE OR LIMITATION OR
286-RESTRICTION ON ANY
287-LICENSE CURRENTLY HELD DUE TO AN
288-ADVERSE ACTION;
289-8. I
290-F A LICENSEE HAS HAD A LIMITATION OR RESTRICTION ON A
291-LICENSE OR COMPACT PRIVILEGE DUE TO AN ADVERSE
292-ACTION, TWO YEARS MUST HAVE ELAPSED FROM THE DATE ON
293-WHICH THE
294-LICENSE OR COMPACT PRIVILEGE IS NO LONGER
295-LIMITED OR RESTRICTED DUE TO THE
296-ADVERSE ACTION;
297-9. I
298-F A COMPACT PRIVILEGE HAS BEEN REVOKED OR IS LIMITED
299-OR RESTRICTED IN A
300-PARTICIPATING STATE FOR CONDUCT
301-THAT WOULD NOT BE A BASIS FOR DISCIPLINARY ACTION IN A
302-PARTICIPATING STATE IN WHICH THE LICENSEE IS PRACTICING
303-OR APPLYING TO PRACTICE UNDER A
304-COMPACT PRIVILEGE,
305-THAT PARTICIPATING STATE SHALL HAVE THE DISCRETION
306-NOT TO CONSIDER SUCH ACTION AS AN
307-ADVERSE ACTION
308-REQUIRING THE DENIAL OR REMOVAL OF A
309-COMPACT
310-PRIVILEGE IN THAT STATE;
311-10. N
312-OTIFY THE COMPACT COMMISSION THAT THE LICENSEE IS
313-SEEKING THE
314-COMPACT PRIVILEGE IN A REMOTE STATE;
315-11. M
316-EET ANY JURISPRUDENCE REQUIREMENT OF A REMOTE
317-STATE IN WHICH THE LICENSEE IS SEEKING TO PRACTICE
318-UNDER THE
319-COMPACT PRIVILEGE AND PAY ANY FEES
320-APPLICABLE TO SATISFYING THE
321-JURISPRUDENCE
322-REQUIREMENT;
323-12. R
324-EPORT TO THE COMMISSION ANY ADVERSE ACTION TAKEN
325-BY A NON
326--PARTICIPATING STATE WITHIN THIRTY (30) DAYS
327-AFTER THE ACTION IS TAKEN
328-.
1230+EARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING22
1231+EACH PERSON WHO WISHES TO COMMENT A FAIR AND23
1232+REASONABLE OPPORTUNITY TO COMMENT ORALLY OR IN24
1233+WRITING.25
1234+3. A
1235+LL HEARINGS SHALL BE RECORDED . A COPY OF THE26
1236+RECORDING AND THE WRITTEN COMMENTS , DATA, FACTS,27
1237+018
1238+-32- OPINIONS, AND ARGUMENTS RECEIVED IN RESPONSE TO THE1
1239+PROPOSED RULEMAKING SHALL BE MADE AVAILABLE TO A2
1240+PERSON UPON REQUEST.3
1241+4. N
1242+OTHING IN THIS SECTION SHALL BE CONSTRUED AS4
1243+REQUIRING A SEPARATE HEARING ON EACH PROPOSED RULE.5
1244+P
1245+ROPOSED RULES MAY BE GROUPED FOR THE CONVENIENCE6
1246+OF THE COMMISSION AT HEARINGS REQUIRED BY THIS7
1247+SECTION.8
1248+J. F
1249+OLLOWING THE PUBLIC HEARING THE COMMISSION SHALL9
1250+CONSIDER ALL WRITTEN AND ORAL COMMENTS TIMELY RECEIVED .10
1251+K. T
1252+HE COMMISSION SHALL, BY MAJORITY VOTE OF ALL DELEGATES,11
1253+TAKE FINAL ACTION ON THE PROPOSED RULE AND SHALL12
1254+DETERMINE THE EFFECTIVE DATE OF THE RULE, IF ADOPTED, BASED13
1255+ON THE RULEMAKING RECORD AND THE FULL TEXT OF THE RULE.14
1256+1. I
1257+F ADOPTED, THE RULE SHALL BE POSTED ON THE15
1258+C
1259+OMMISSION'S WEBSITE.16
1260+2. T
1261+HE COMMISSION MAY ADOPT CHANGES TO THE PROPOSED17
1262+R
1263+ULE PROVIDED THE CHANGES DO NOT ENLARGE THE18
1264+ORIGINAL PURPOSE OF THE PROPOSED RULE.19
1265+3. T
1266+HE COMMISSION SHALL PROVIDE ON ITS WEBSITE AN20
1267+EXPLANATION OF THE REASONS FOR SUBSTANTIVE C HANGES21
1268+MADE TO THE PROPOSED RULE AS WELL AS REASONS FOR22
1269+SUBSTANTIVE CHANGES NOT MADE THAT WERE23
1270+RECOMMENDED BY COMMENTERS .24
1271+4. T
1272+HE COMMISSION SHALL DETERMINE A REASONABLE25
1273+EFFECTIVE DATE FOR THE RULE. EXCEPT FOR AN26
1274+EMERGENCY AS PROVIDED IN SUBSECTION L OF THIS27
1275+018
1276+-33- SECTION, THE EFFECTIVE DATE OF THE RULE SHALL BE NO1
1277+SOONER THAN THIRTY (30) DAYS AFTER THE COMMISSION2
1278+ISSUED THE NOTICE THAT IT ADOPTED THE RULE. 3
1279+L. U
1280+PON DETERMINATION THAT AN EMERGENCY EXISTS , THE4
1281+C
1282+OMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE5
1283+WITH TWENTY-FOUR (24) HOURS PRIOR NOTICE, WITHOUT THE6
1284+OPPORTUNITY FOR COMMENT OR HEARING , PROVIDED THAT THE7
1285+USUAL RULEMAKING PROCEDURES PROVIDED IN THIS COMPACT8
1286+AND IN THIS SECTION SHALL BE RETROACTIVELY APPLIED TO THE9
1287+R
1288+ULE AS SOON AS REASONABLY POSSIBLE , IN NO EVENT LATER10
1289+THAN NINETY (90) DAYS AFTER THE EFFECTIVE DATE OF THE RULE.11
1290+F
1291+OR THE PURPOSES OF THIS SUBSECTION L, AN EMERGENCY RULE12
1292+IS ONE THAT MUST BE ADOPTED IMMEDIATELY BY THE COMMISSION13
1293+IN ORDER TO:14
1294+1. M
1295+EET AN IMMINENT THREAT TO PUBLIC HEALTH , SAFETY,15
1296+OR WELFARE;16
1297+2. P
1298+REVENT A LOSS OF COMMISSION OR PARTICIPATING STATE17
1299+FUNDS;18
1300+3. M
1301+EET A DEADLINE FOR THE PROMULGATION OF A19
1302+C
1303+OMMISSION RULE THAT IS ESTABLISHED BY FEDERAL LAW20
1304+OR RULE; OR21
1305+4. P
1306+ROTECT PUBLIC HEALTH AND SAFETY .22
1307+M. T
1308+HE COMMISSION OR AN AUTHORIZED COMMITTEE OF THE23
1309+C
1310+OMMISSION MAY DIRECT REVISIONS TO A PREVIOUSLY ADOPTED24
1311+C
1312+OMMISSION RULE FOR PURPOSES OF CORRECTING TYPOGRAPHICAL25
1313+ERRORS, ERRORS IN FORMAT , ERRORS IN CONSISTENCY , OR26
1314+GRAMMATICAL ERRORS . PUBLIC NOTICE OF ANY REVISIONS SHALL27
1315+018
1316+-34- BE POSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION1
1317+SHALL BE SUBJECT TO CHALLENGE BY ANY PERSON FOR A PERIOD2
1318+OF THIRTY (30) DAYS AFTER POSTING. THE REVISION MAY BE3
1319+CHALLENGED ONLY ON GROUNDS THAT THE REVISION RESULTS IN4
1320+A MATERIAL CHANGE TO A RULE. A CHALLENGE SHALL BE MADE AS5
1321+SET FORTH IN THE NOTICE OF REVISIONS AND DELIVERED TO THE6
1322+C
1323+OMMISSION PRIOR TO THE END OF THE NOTICE PERIOD . IF NO7
1324+CHALLENGE IS MADE, THE REVISION WILL TAKE EFFECT WITHOUT8
1325+FURTHER ACTION. IF THE REVISION IS CHALLENGED, THE REVISION9
1326+MAY NOT TAKE EFFECT WITHOUT THE APPROVAL OF THE10
1327+C
1328+OMMISSION.11
1329+N. N
1330+O PARTICIPATING STATE'S RULEMAKING REQUIREMENTS SHALL12
1331+APPLY UNDER THIS COMPACT.13
1332+Section 10. Oversight, Dispute Resolution, and Enforcement14
1333+A. O
1334+VERSIGHT15
1335+1. T
1336+HE EXECUTIVE AND JUDICIAL BRANCHES OF STATE16
1337+GOVERNMENT IN EACH PARTICIPATING STATE SHALL17
1338+ENFORCE THIS COMPACT AND TAKE ALL ACTIONS18
1339+NECESSARY AND APPROPRIATE TO IMPLEMENT THE19
1340+C
1341+OMPACT.20
1342+2. V
1343+ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR21
1344+AGAINST THE COMMISSION SHALL BE BROUGHT SOLELY AND22
1345+EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION23
1346+WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS24
1347+LOCATED. THE COMMISSION MAY WAIVE VENUE AND25
1348+JURISDICTIONAL DEFENSES TO THE EXTENT IT ADOPTS OR26
1349+CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE27
1350+018
1351+-35- RESOLUTION PROCEEDINGS. NOTHING HEREIN SHALL AFFECT1
1352+OR LIMIT THE SELECTION OR PROPRIETY OF VENUE IN ANY2
1353+ACTION AGAINST A LICENSEE FOR PROFESSI ONAL3
1354+MALPRACTICE, MISCONDUCT, OR ANY SUCH SIMILAR4
1355+MATTER.5
1356+3. T
1357+HE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE6
1358+OF PROCESS IN ANY PROCEEDING REGARDING THE7
1359+ENFORCEMENT OR INTERPRETATION OF THE COMPACT OR8
1360+THE COMMISSION'S RULES AND SHALL HAVE STANDING TO9
1361+INTERVENE IN SUCH A PROCEEDING FOR ALL PURPOSES .10
1362+F
1363+AILURE TO PROVIDE THE COMMISSION WITH SERVICE OF11
1364+PROCESS SHALL RENDER A JUDGMENT OR ORDER IN SUCH12
1365+PROCEEDING VOID AS TO THE COMMISSION, THIS COMPACT,13
1366+OR COMMISSION RULES.14
1367+B. D
1368+EFAULT, TECHNICAL ASSISTANCE, AND TERMINATION15
1369+1. I
1370+F THE COMMISSION DETERMINES THAT A PARTICIPATING16
1371+S
1372+TATE HAS DEFAULTED IN THE PERFORMANCE OF ITS17
1373+OBLIGATIONS OR RESPONSIBILITIES UNDER THIS COMPACT18
1374+OR THE COMMISSION RULES, THE COMMISSION SHALL19
1375+PROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND20
1376+OTHER PARTICIPATING STATES. THE NOTICE SHALL21
1377+DESCRIBE THE DEFAULT, THE PROPOSED MEANS OF CURING22
1378+THE DEFAULT, AND ANY OTHER ACTION THAT THE23
1379+C
1380+OMMISSION MAY TAKE AND SHALL OFFER REMEDIAL24
1381+TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARDING25
1382+THE DEFAULT. 26
1383+2. I
1384+F A STATE IN DEFAULT FAILS TO CURE THE DEFAULT , THE27
1385+018
1386+-36- DEFAULTING STATE MAY BE TERMINATED FROM THIS1
1387+C
1388+OMPACT UPON AN AFFIRMATIVE VOTE OF A MAJORITY OF2
1389+THE DELEGATES OF THE PARTICIPATING STATES, AND ALL3
1390+RIGHTS, PRIVILEGES, AND BENEFITS CONFERRED BY THIS4
1391+C
1392+OMPACT UPON SUCH STATE MAY BE TERMINATED ON THE5
1393+EFFECTIVE DATE OF TERMINATION. A CURE OF THE DEFAULT6
1394+DOES NOT RELIEVE THE OFFENDING STATE OF OBLIGATIONS7
1395+OR LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT .8
1396+3. T
1397+ERMINATION OF PARTICIPATION IN THIS COMPACT SHALL9
1398+BE IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING10
1399+COMPLIANCE HAVE BEEN EXHAUSTED . NOTICE OF INTENT TO11
1400+SUSPEND OR TERMINATE SHALL BE GIVEN BY THE12
1401+C
1402+OMMISSION TO THE GOVERNOR , THE MAJORITY AND13
1403+MINORITY LEADERS OF THE DEFAULTING STATE'S14
1404+LEGISLATURE, AND THE LICENSING BOARD(S) OF EACH OF15
1405+THE PARTICIPATING STATES.16
1406+4. A
1407+ STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR17
1408+ALL ASSESSMENTS , OBLIGATIONS, AND LIABILITIES18
1409+INCURRED THROUGH THE EFFECTIVE DATE OF TERMINATION ,19
1410+INCLUDING OBLIGATIONS THAT EXTEND BEYOND THE20
1411+EFFECTIVE DATE OF TERMINATION.21
1412+5. T
1413+HE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO22
1414+A STATE THAT IS FOUND TO BE IN DEFAULT OR THAT HAS23
1415+BEEN TERMINATED FROM THIS COMPACT, UNLESS AGREED24
1416+UPON IN WRITING BETWEEN THE COMMISSION AND THE25
1417+DEFAULTING STATE.26
1418+6. T
1419+HE DEFAULTING STATE MAY APPEAL ITS TERMINATION27
1420+018
1421+-37- FROM THE COMPACT BY THE COMMISSION BY PETITIONING1
1422+THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF2
1423+C
1424+OLUMBIA OR THE FEDERAL DISTRICT WHERE THE3
1425+C
1426+OMMISSION HAS ITS PRINCIPAL OFFICES. THE PREVAILING4
1427+PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION ,5
1428+INCLUDING REASONABLE ATTORNEY 'S FEES.6
1429+7. U
1430+PON THE TERMINATION OF A STATE'S PARTICIPATION IN7
1431+THE COMPACT, THE STATE SHALL IMMEDIATELY PROVIDE8
1432+NOTICE TO ALL LICENSEES WITHIN THAT STATE OF SUCH9
1433+TERMINATION:10
1434+a. L
1435+ICENSEES WHO HAVE BEEN GRANTED A COMPACT11
1436+P
1437+RIVILEGE IN THAT STATE SHALL RETAIN THE12
1438+C
1439+OMPACT PRIVILEGE FOR ONE HUNDRED EIGHTY13
1440+(180)
1441+ DAYS FOLLOWING THE EFFECTIVE DATE OF14
1442+SUCH TERMINATION.15
1443+b. L
1444+ICENSEES WHO ARE LICENSED IN THAT STATE WHO16
1445+HAVE BEEN GRANTED A COMPACT PRIVILEGE IN A17
1446+P
1447+ARTICIPATING STATE SHALL RETAIN THE COMPACT18
1448+P
1449+RIVILEGE FOR ONE HUNDRED EIGHTY (180) DAYS19
1450+UNLESS THE LICENSEE ALSO HAS A QUALIFYING20
1451+L
1452+ICENSE IN A PARTICIPATING STATE OR OBTAINS A21
1453+Q
1454+UALIFYING LICENSE IN A PARTICIPATING STATE22
1455+BEFORE THE ONE HUNDRED EIGHTY (180)-DAY23
1456+PERIOD ENDS, IN WHICH CASE THE COMPACT24
1457+P
1458+RIVILEGE SHALL CONTINUE.25
1459+C. D
1460+ISPUTE RESOLUTION26
1461+1. U
1462+PON REQUEST BY A PARTICIPATING STATE, THE27
1463+018
1464+-38- COMMISSION SHALL ATTEMPT TO RESOLVE DISPUTES1
1465+RELATED TO THIS COMPACT THAT ARISE AMONG2
1466+P
1467+ARTICIPATING STATES AND BETWEEN PARTICIPATING AND3
1468+NON-PARTICIPATING STATES.4
1469+2. T
1470+HE COMMISSION SHALL PROMULGATE A RULE PROVIDING5
1471+FOR BOTH MEDIATION AND BINDING DISPUTE RESOLUTION6
1472+FOR DISPUTES AS APPROPRIATE.7
1473+D. E
1474+NFORCEMENT8
1475+1. T
1476+HE COMMISSION, IN THE REASONABLE EXERCISE OF ITS9
1477+DISCRETION, SHALL ENFORCE THE PROVISIONS OF THIS10
1478+C
1479+OMPACT AND RULES OF THE COMMISSION.11
1480+2. I
1481+F COMPLIANCE IS NOT SECURED AFTER ALL MEANS TO12
1482+SECURE COMPLIANCE HAVE BEEN E XHAUSTED , BY MAJORITY13
1483+VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN14
1484+THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF15
1485+C
1486+OLUMBIA OR THE FEDERAL DISTRICT WHERE THE16
1487+C
1488+OMMISSION HAS ITS PRINCIPAL OFFICES , AGAINST A17
1489+P
1490+ARTICIPATING STATE IN DEFAULT TO ENFORCE18
1491+COMPLIANCE WITH THE PROVISIONS OF THIS COMPACT AND19
1492+THE COMMISSION'S PROMULGATED RULES AND BYLAWS.20
1493+T
1494+HE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCTIVE RELIEF21
1495+AND DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS22
1496+NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED23
1497+ALL COSTS OF SUCH LITIGATION, INCLUDING REASONABLE24
1498+ATTORNEY'S FEES.25
1499+3. T
1500+HE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE26
1501+REMEDIES OF THE COMMISSION. THE COMMISSION MAY27
1502+018
1503+-39- PURSUE ANY OTHER REMEDIES AVAILABLE UNDER FEDERAL1
1504+OR STATE LAW.2
1505+E. L
1506+EGAL ACTION AGAINST THE COMMISSION3
1507+1. A
1508+ PARTICIPATING STATE MAY INITIATE LEGAL ACTION4
1509+AGAINST THE COMMISSION IN THE UNITED STATES DISTRICT5
1510+C
1511+OURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL6
1512+DISTRICT WHERE THE COMMISSION HAS ITS PRINCIPAL7
1513+OFFICES TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF8
1514+THE COMPACT AND ITS RULES. THE RELIEF SOUGHT MAY9
1515+INCLUDE BOTH INJUNCTIVE RELIEF AND DAMAGES . IN THE10
1516+EVENT JUDICIAL ENFORCEMENT IS NECESSARY , THE11
1517+PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH12
1518+LITIGATION, INCLUDING REASONABLE ATTORNEY 'S FEES. 13
1519+2. N
1520+O PERSON OTHER THAN A PARTICIPATING STATE SHALL14
1521+ENFORCE THIS COMPACT AGAINST THE COMMISSION.15
1522+Section 11. Date of Implementation of the16
1523+PA Licensure Compact Commission17
1524+A. T
1525+HIS COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH18
1526+THIS COMPACT STATUTE IS ENACTED INTO LAW IN THE SEVENTH19
1527+P
1528+ARTICIPATING STATE. 20
1529+1. O
1530+N OR AFTER THE EFFECTIVE DATE OF THIS COMPACT, THE21
1531+C
1532+OMMISSION SHALL CONVENE AND REVIEW THE22
1533+ENACTMENT OF EACH OF THE STATES THAT ENACTED THIS23
1534+C
1535+OMPACT PRIOR TO THE COMMISSION CONVENING24
1536+("C
1537+HARTER PARTICIPATING STATES") TO DETERMINE IF THE25
1538+STATUTE ENACTED BY EACH SUCH CHARTER PARTICIPATING26
1539+S
1540+TATE IS MATERIALLY DIFFERENT THAN THE MODEL27
1541+018
1542+-40- COMPACT.1
1543+a. A
1544+ CHARTER PARTICIPATING STATE WHOSE2
1545+ENACTMENT IS FOUND TO BE MATERIALLY3
1546+DIFFERENT FROM THE MODEL COMPACT SHALL BE4
1547+ENTITLED TO THE DEFAULT PROCESS SET FORTH IN5
1548+S
1549+ECTION 10.B OF THIS COMPACT.6
1550+b. I
1551+F ANY PARTICIPATING STATE LATER WITHDRAWS7
1552+FROM THE COMPACT OR ITS PARTICIPATION IS8
1553+TERMINATED, THE COMMISSION SHALL REMAIN IN9
1554+EXISTENCE AND THE COMPACT SHALL REMAIN IN10
1555+EFFECT EVEN IF THE NUMBER OF PARTICIPATING11
1556+S
1557+TATES SHOULD BE LESS THAN SEVEN .12
1558+P
1559+ARTICIPATING STATES ENACTING THE COMPACT13
1560+SUBSEQUENT TO THE COMMISSION CONVENING14
1561+SHALL BE SUBJECT TO THE PROCESS SET FORTH IN15
1562+S
1563+ECTION 7.C.21 OF THIS COMPACT TO DETERMINE IF16
1564+THEIR ENACTMENTS ARE MATERIALLY DIFFERENT17
1565+FROM THE MODEL COMPACT AND WHETHER THEY18
1566+QUALIFY FOR PARTICIPATION IN THE COMPACT.19
1567+2. P
1568+ARTICIPATING STATES ENACTING THIS COMPACT20
1569+SUBSEQUENT TO THE SEVEN INITIAL CHARTER21
1570+P
1571+ARTICIPATING STATES SHALL BE SUBJECT TO THE PROCESS22
1572+SET FORTH IN SECTION 7.C.21 OF THIS COMPACT TO23
1573+DETERMINE IF THEIR ENACTMENTS ARE MATERIALLY24
1574+DIFFERENT FROM THE MODEL COMPACT AND WHETHER25
1575+THEY QUALIFY FOR PARTICIPATION IN THE COMPACT.26
1576+3. A
1577+LL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION27
1578+018
1579+-41- OR IN FURTHERANCE OF THE PURPOSES OF THE1
1580+ADMINISTRATION OF THIS COMPACT PRIOR TO THE2
1581+EFFECTIVE DATE OF THIS COMPACT OR THE COMMISSION3
1582+COMING INTO EXISTENCE SHALL BE CONSIDERED TO BE4
1583+ACTIONS OF THE COMMISSION UNLESS SPECIFICALLY5
1584+REPUDIATED BY THE COMMISSION.6
1585+B. A
1586+NY STATE THAT JOINS THIS COMPACT SHALL BE SUBJECT TO THE7
1587+C
1588+OMMISSION'S RULES AND BYLAWS AS THEY EXIST ON THE DATE8
1589+ON WHICH THIS COMPACT BECOMES LAW IN THAT STATE. ANY9
1590+R
1591+ULE THAT HAS BEEN PREVIOUSLY ADOPTED BY THE COMMISSION10
1592+SHALL HAVE THE FULL FORCE AND EFFECT OF LAW ON THE DAY11
1593+THIS COMPACT BECOMES LAW IN THAT STATE.12
1594+C. A
1595+NY PARTICIPATING STATE MAY WITHDRAW FROM THIS COMPACT13
1596+BY ENACTING A STATUTE REPEALING THE SAME .14
1597+1. A
1598+ PARTICIPATING STATE'S WITHDRAWAL SHALL NOT TAKE15
1599+EFFECT UNTIL ONE HUNDRED EIGHTY (180) DAYS AFTER16
1600+ENACTMENT OF THE REPEALING STATUTE . DURING THIS ONE17
1601+HUNDRED EIGHTY (180)-DAY PERIOD, ALL COMPACT18
1602+P
1603+RIVILEGES THAT WERE IN EFFECT IN THE WITHDRAWING19
1604+S
1605+TATE AND WERE GRANTED TO LICENSEES LICENSED IN THE20
1606+WITHDRAWING STATE SHALL REMAIN IN EFFECT . IF ANY21
1607+L
1608+ICENSEE LICENSED IN THE WITHDRAWING STATE IS ALSO22
1609+LICENSED IN ANOTHER PARTICIPATING STATE OR OBTAINS23
1610+A LICENSE IN ANOTHER PARTICIPATING STATE WITHIN THE24
1611+ONE HUNDRED EIGHTY (180) DAYS, THE LICENSEE'S25
1612+C
1613+OMPACT PRIVILEGES IN OTHER PARTICIPATING STATES26
1614+SHALL NOT BE AFFECTED BY THE PASSAGE OF THE ONE27
1615+018
1616+-42- HUNDRED EIGHTY (180) DAYS.1
1617+2. W
1618+ITHDRAWAL SHALL NOT AFFECT THE CONTINUING2
1619+REQUIREMENT OF THE STATE LICENSING BOARD(S) OF THE3
1620+WITHDRAWING STATE TO COMPLY WITH THE INVESTIGATIVE4
1621+AND ADVERSE ACTION REPORTING REQUIREMENTS OF THIS5
1622+C
1623+OMPACT PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL .6
1624+3. U
1625+PON THE ENACTMENT OF A STATUTE WITHDRAWING A7
1626+S
1627+TATE FROM THIS COMPACT, THE STATE SHALL8
1628+IMMEDIATELY PROVIDE NOTICE OF SUCH WITHDRAWAL TO9
1629+ALL LICENSEES WITHIN THAT STATE. SUCH WITHDRAWING10
1630+S
1631+TATE SHALL CONTINUE TO RECOGNIZE ALL LICENSES11
1632+GRANTED PURSUANT TO THIS COMPACT FOR A MINIMUM OF12
1633+ONE HUNDRED EIGHTY (180) DAYS AFTER THE DATE OF13
1634+SUCH NOTICE OF WITHDRAWAL .14
1635+D. N
1636+OTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO15
1637+INVALIDATE OR PREVENT ANY PA LICENSURE AGREEMENT OR16
1638+OTHER COOPERATIVE ARRANGEMENT BETWEEN PARTICIPATING17
1639+S
1640+TATES AND BETWEEN A PARTICIPATING STATE AND18
1641+NON-PARTICIPATING STATE THAT DOES NOT CONFLICT WITH THE19
1642+PROVISIONS OF THIS COMPACT.20
1643+E. T
1644+HIS COMPACT MAY BE AMENDED BY THE PARTICIPATING STATES.21
1645+N
1646+O AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND22
1647+BINDING UPON ANY PARTICIPATING STATE UNTIL IT IS ENACTED23
1648+MATERIALLY IN THE SAME MANNER INTO THE LAWS OF ALL24
1649+P
1650+ARTICIPATING STATES AS DETERMINED BY THE COMMISSION.25
1651+Section 12. Construction and Severability26
1652+A. T
1653+HIS COMPACT AND THE COMMISSION'S RULEMAKING AUTHORITY27
1654+018
1655+-43- SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE1
1656+PURPOSES, AND THE IMPLEMENTATION AND ADMINISTRATION OF2
1657+THIS COMPACT. PROVISIONS OF THIS COMPACT EXPRESSLY3
1658+AUTHORIZING OR REQUIRING THE PROMULGATION OF RULES SHALL4
1659+NOT BE CONSTRUED TO LIMIT THE COMMISSION'S RULEMAKING5
1660+AUTHORITY SOLELY FOR THOSE PURPOSES . 6
3291661 B. T
330-HE COMPACT PRIVILEGE IS VALID UNTIL THE EXPIRATION OR
331-REVOCATION OF THE
332-QUALIFYING LICENSE UNLESS TERMINATED
333-PURSUANT TO AN
334-ADVERSE ACTION. THE LICENSEE MUST ALSO
335-COMPLY WITH ALL OF THE REQUIREMENTS OF
336-SUBSECTION A OF THIS
337-SECTION TO MAINTAIN THE
338-COMPACT PRIVILEGE IN A REMOTE STATE.
339-PAGE 7-SENATE BILL 24-018 IF THE PARTICIPATING STATE TAKES ADVERSE ACTION AGAINST A
340-QUALIFYING LICENSE, THE LICENSEE SHALL LOSE THE COMPACT
341-PRIVILEGE IN ANY REMOTE STATE IN WHICH THE LICENSEE HAS A
342-COMPACT PRIVILEGE UNTIL ALL OF THE FOLLOWING OCCUR :
343-1. T
344-HE LICENSE IS NO LONGER LIMITED OR RESTRICTED; AND
345-2. TWO (2) YEARS HAVE ELAPSED FROM THE DATE ON WHICH THE
346-LICENSE IS NO LONGER LIMITED OR RESTRICTED DUE TO THE
347-ADVERSE ACTION.
348-C. O
349-NCE A RESTRICTED OR LIMITED LICENSE SATISFIES THE
350-REQUIREMENTS OF
351-SUBSECTIONS B.1 AND B.2 OF THIS SECTION, THE
352-LICENSEE MUST MEET THE REQUIREMENTS OF SUBSECTION A OF THIS
353-SECTION TO OBTAIN A
354-COMPACT PRIVILEGE IN ANY REMOTE STATE.
355-D. F
356-OR EACH REMOTE STATE IN WHICH A PA SEEKS AUTHORITY TO
357-PRESCRIBE CONTROLLED SUBSTANCES
358-, THE PA SHALL SATISFY ALL
359-REQUIREMENTS IMPOSED BY SUCH
360-STATE IN GRANTING OR RENEWING
361-SUCH AUTHORITY
362-.
363-Section 5. Designation of the State from Which Licensee is
364-Applying for a Compact Privilege
365-A. U
366-PON A LICENSEE'S APPLICATION FOR A COMPACT PRIVILEGE, THE
367-LICENSEE SHALL IDENTIFY TO THE COMMISSION THE PARTICIPATING
368-STATE FROM WHICH THE LICENSEE IS APPLYING, IN ACCORDANCE
369-WITH APPLICABLE
370-RULES ADOPTED BY THE COMMISSION, AND
371-SUBJECT TO THE FOLLOWING REQUIREMENTS
372-:
373-1. W
374-HEN APPLYING FOR A COMPACT PRIVILEGE, THE LICENSEE
375-SHALL PROVIDE THE
376-COMMISSION WITH THE ADDRESS OF THE
377-LICENSEE'S PRIMARY RESIDENCE AND THEREAFTER SHALL
378-IMMEDIATELY REPORT TO THE
379-COMMISSION ANY CHANGE IN
380-THE ADDRESS OF THE
381-LICENSEE'S PRIMARY RESIDENCE.
382-2. W
383-HEN APPLYING FOR A COMPACT PRIVILEGE, THE LICENSEE
384-IS REQUIRED TO CONSENT TO ACCEPT SERVICE OF PROCESS BY
385-MAIL AT THE
386-LICENSEE'S PRIMARY RESIDENCE ON FILE WITH
387-THE
388-COMMISSION WITH RESPECT TO ANY ACTION BROUGHT
389-PAGE 8-SENATE BILL 24-018 AGAINST THE LICENSEE BY THE COMMISSION OR A
390-PARTICIPATING STATE, INCLUDING A SUBPOENA , WITH
391-RESPECT TO ANY ACTION BROUGHT OR INVESTIGATION
392-CONDUCTED BY THE
393-COMMISSION OR A PARTICIPATING
394-STATE.
395-Section 6. Adverse Actions
396-A. A
397- PARTICIPATING STATE IN WHICH A LICENSEE IS LICENSED SHALL
398-HAVE EXCLUSIVE POWER TO IMPOSE
399-ADVERSE ACTION AGAINST THE
400-QUALIFYING LICENSE ISSUED BY THAT PARTICIPATING STATE.
401-B. I
402-N ADDITION TO THE OTHER POWERS CONFERRED BY STATE LAW, A
403-REMOTE STATE SHALL HAVE THE AUTHORITY, IN ACCORDANCE WITH
404-EXISTING
405-STATE DUE PROCESS LAW, TO DO ALL OF THE FOLLOWING:
406-1. T
407-AKE ADVERSE ACTION AGAINST A PA'S COMPACT PRIVILEGE
408-WITHIN THAT
409-STATE TO REMOVE A LICENSEE'S COMPACT
410-PRIVILEGE OR TAKE OTHER ACTION NECESSARY UNDER
411-APPLICABLE LAW TO PROTECT THE HEALTH AND SAFETY OF ITS
412-CITIZENS
413-.
414-2. I
415-SSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS
416-THAT REQUIRE THE ATTENDANCE AND TESTIMONY OF
417-WITNESSES AS WELL AS THE PRODUCTION OF EVIDENCE
418-.
1662+HE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE AND IF7
1663+ANY PHRASE, CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT8
1664+IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE9
1665+CONTRARY TO THE CONSTITUTION OF ANY PARTICIPATING STATE,10
1666+A STATE SEEKING PARTICIPATION IN THIS COMPACT, OR OF THE11
1667+U
1668+NITED STATES, OR THE APPLICABILITY THEREOF TO ANY12
1669+GOVERNMENT, AGENCY, PERSON, OR CIRCUMSTANCE IS HELD TO BE13
1670+UNCONSTITUTIONAL BY A COURT OF COMP ETENT JURISDICTION , THE14
1671+VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE15
1672+APPLICABILITY THEREOF TO ANY OTHER GOVERNMENT , AGENCY,16
1673+PERSON, OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY . 17
1674+C. N
1675+OTWITHSTANDING SUBSECTION B OF THIS SECTION, THE18
1676+C
1677+OMMISSION MAY DENY A STATE'S PARTICIPATION IN THE19
1678+C
1679+OMPACT OR, IN ACCORDANCE WITH THE REQUIREMENTS OF20
4191680 S
420-UBPOENAS ISSUED BY A LICENSING BOARD IN A
421-PARTICIPATING STATE FOR THE ATTENDANCE AND TESTIMONY
422-OF WITNESSES OR THE PRODUCTION OF EVIDENCE FROM
423-ANOTHER
424-PARTICIPATING STATE SHALL BE ENFORCED IN THE
425-LATTER
426-STATE BY ANY COURT OF COMPETENT JURISDICTION ,
427-ACCORDING TO THE PRACTICE AND PROCEDURE OF THAT
428-COURT APPLICABLE TO SUBPOENAS ISSUED IN PROCEEDINGS
429-PENDING BEFORE IT
430-. THE ISSUING AUTHORITY SHALL PAY ANY
431-WITNESS FEES
432-, TRAVEL EXPENSES, MILEAGE, AND OTHER FEES
433-REQUIRED BY THE SERVICE STATUTES OF THE
434-STATE IN WHICH
435-THE EVIDENCE OR WITNESSES ARE LOCATED
436-.
437-3. N
438-OTWITHSTANDING SUBSECTION A.2 OF THIS SECTION,
439-SUBPOENAS MAY NOT BE ISSUED BY A PARTICIPATING STATE
440-TO GATHER EVIDENCE OF CONDUCT IN ANOTHER
441-STATE THAT
442-PAGE 9-SENATE BILL 24-018 IS LAWFUL IN THAT OTHER STATE FOR THE PURPOSE OF
443-TAKING
444-ADVERSE ACTION AGAINST A LICENSEE'S COMPACT
445-PRIVILEGE OR APPLICATION FOR A COMPACT PRIVILEGE IN
446-THAT
447-PARTICIPATING STATE.
448-4. N
449-OTHING IN THIS COMPACT AUTHORIZES A PARTICIPATING
450-STATE TO IMPOSE DISCIPLINE AGAINST A PA'S COMPACT
451-PRIVILEGE OR TO DENY AN APPLICATION FOR A COMPACT
452-PRIVILEGE IN THAT PARTICIPATING STATE FOR THE
453-INDIVIDUAL
454-'S OTHERWISE LAWFUL PRACTICE IN ANOTHER
455-STATE.
456-C. F
457-OR PURPOSES OF TAKING ADVERSE ACTION, THE PARTICIPATING
458-STATE WHICH ISSUED THE QUALIFYING LICENSE SHALL GIVE THE
459-SAME PRIORITY AND EFFECT TO REPORTED CONDUCT RECEIVED FROM
460-ANY OTHER
461-PARTICIPATING STATE AS IT WOULD IF THE CONDUCT HAD
462-OCCURRED WITHIN THE
463-PARTICIPATING STATE WHICH ISSUED THE
464-QUALIFYING LICENSE. IN SO DOING, THAT PARTICIPATING STATE
465-SHALL APPLY ITS OWN
466-STATE LAWS TO DETERMINE APPROPRIATE
467-ACTION
468-.
469-D. A
470- PARTICIPATING STATE, IF OTHERWISE PERMITTED BY STATE LAW,
471-MAY RECOVER FROM THE AFFECTED PA THE COSTS OF
472-INVESTIGATIONS AND DISPOSITION OF CASES RESULTING FROM ANY
473-ADVERSE ACTION TAKEN AGAINST THAT PA.
474-E. A
475- PARTICIPATING STATE MAY TAKE ADVERSE ACTION BASED ON THE
476-FACTUAL FINDINGS OF A
477-REMOTE STATE, PROVIDED THAT THE
478-PARTICIPATING STATE FOLLOWS ITS OWN PROCEDURES FOR TAKING
479-THE
480-ADVERSE ACTION.
481-F. J
482-OINT INVESTIGATIONS
483-1. IN ADDITION TO THE AUTHORITY GRANTED TO A
484-PARTICIPATING STATE BY ITS RESPECTIVE STATE PA LAWS
485-AND REGULATIONS OR OTHER APPLICABLE
486-STATE LAW, ANY
487-PARTICIPATING STATE MAY PARTICIPATE WITH OTHER
488-PARTICIPATING STATES IN JOINT INVESTIGATIONS OF
489-LICENSEES.
490-PAGE 10-SENATE BILL 24-018 2. PARTICIPATING STATES SHALL SHARE ANY INVESTIGATIVE ,
491-LITIGATION, OR COMPLIANCE MATERIALS IN FURTHERANCE OF
492-ANY JOINT OR INDIVIDUAL INVESTIGATION INITIATED UNDER
493-THIS
494-COMPACT.
495-G. I
496-F AN ADVERSE ACTION IS TAKEN AGAINST A PA'S QUALIFYING
497-LICENSE, THE PA'S COMPACT PRIVILEGE IN ALL REMOTE STATES
498-SHALL BE DEACTIVATED UNTIL TWO
499-(2) YEARS HAVE ELAPSED AFTER
500-ALL RESTRICTIONS HAVE BEEN REMOVED FROM THE
501-STATE LICENSE.
502-A
503-LL DISCIPLINARY ORDERS BY THE PARTICIPATING STATE WHICH
504-ISSUED THE
505-QUALIFYING LICENSE THAT IMPOSE ADVERSE ACTION
506-AGAINST A
507-PA'S LICENSE SHALL INCLUDE A STATEMENT THAT THE
508-PA'S COMPACT PRIVILEGE IS DEACTIVATED IN ALL PARTICIPATING
509-STATES DURING THE PENDENCY OF THE ORDER .
510-H. I
511-F ANY PARTICIPATING STATE TAKES ADVERSE ACTION, IT PROMPTLY
512-SHALL NOTIFY THE ADMINISTRATOR OF THE
513-DATA SYSTEM.
514-Section 7. Establishment of the
515-PA Licensure Compact Commission
516-A. T
517-HE PARTICIPATING STATES HEREBY CREATE AND ESTABLISH A JOINT
518-GOVERNMENT AGENCY AND NATIONAL ADMINISTRATIVE BODY
519-KNOWN AS THE
520-PA LICENSURE COMPACT COMMISSION. THE
521-COMMISSION IS AN INSTRUMENTALITY OF THE COMPACT STATES
522-ACTING JOINTLY AND NOT AN INSTRUMENTALITY OF ANY ONE
523-STATE.
524-T
525-HE COMMISSION SHALL COME INTO EXISTENCE ON OR AFTER THE
526-EFFECTIVE DATE OF THE
527-COMPACT AS SET FORTH IN SECTION 11.A OF
528-THIS
529-COMPACT.
530-B. M
531-EMBERSHIP, VOTING, AND MEETINGS
532-1. EACH PARTICIPATING STATE SHALL HAVE AND BE LIMITED TO
533-ONE
534-(1) DELEGATE SELECTED BY THAT PARTICIPATING
535-STATE'S LICENSING BOARD OR, IF THE STATE HAS MORE THAN
536-ONE
537-LICENSING BOARD, SELECTED COLLECTIVELY BY THE
538-PARTICIPATING STATE'S LICENSING BOARDS.
539-2. T
540-HE DELEGATE SHALL BE EITHER:
541-PAGE 11-SENATE BILL 24-018 a. A CURRENT PA, PHYSICIAN, OR PUBLIC MEMBER OF A
542-LICENSING BOARD OR PA COUNCIL/COMMITTEE; OR
543-b. AN ADMINISTRATOR OF A LICENSING BOARD.
544-3. A
545-NY DELEGATE MAY BE REMOVED OR SUSPENDED FROM
546-OFFICE AS PROVIDED BY THE LAWS OF THE
547-STATE FROM WHICH
548-THE DELEGATE IS APPOINTED
549-.
550-4. T
551-HE PARTICIPATING STATE LICENSING BOARD SHALL FILL
552-ANY VACANCY OCCURRING IN THE
553-COMMISSION WITHIN SIXTY
554-(60) DAYS.
555-5. E
556-ACH DELEGATE SHALL BE ENTITLED TO ONE (1) VOTE ON ALL
557-MATTERS VOTED ON BY THE
558-COMMISSION AND SHALL
559-OTHERWISE HAVE AN OPPORTUNITY TO PARTICIPATE IN THE
560-BUSINESS AND AFFAIRS OF THE
561-COMMISSION. A DELEGATE
562-SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS
563-PROVIDED IN THE BYLAWS
564-. THE BYLAWS MAY PROVIDE FOR
565-DELEGATES
566-' PARTICIPATION IN MEETINGS BY
567-TELECOMMUNICATIONS
568-, VIDEO CONFERENCE , OR OTHER
569-MEANS OF COMMUNICATION
570-.
571-6. T
572-HE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH
573-CALENDAR YEAR
574-. ADDITIONAL MEETINGS SHALL BE HELD AS
575-SET FORTH IN THIS
576-COMPACT AND THE BYLAWS .
577-7. T
578-HE COMMISSION SHALL ESTABLISH BY RULE A TERM OF
579-OFFICE FOR DELEGATES
580-.
581-C. T
582-HE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES :
583-1. E
584-STABLISH A CODE OF ETHICS FOR THE COMMISSION;
585-2. E
586-STABLISH THE FISCAL YEAR OF THE COMMISSION;
587-3. E
588-STABLISH FEES;
589-4. E
590-STABLISH BYLAWS;
591-PAGE 12-SENATE BILL 24-018 5. M AINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE
592-BYLAWS
593-;
594-6. M
595-EET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE
596-PROVISIONS OF THIS
597-COMPACT AND THE BYLAWS ;
598-7. P
599-ROMULGATE RULES TO FACILITATE AND COORDINATE
600-IMPLEMENTATION AND ADMINISTRATION OF THIS
601-COMPACT.
602-T
603-HE RULES SHALL HAVE THE FORCE AND EFFECT OF LAW AND
604-SHALL BE BINDING IN ALL
605-PARTICIPATING STATES.
606-8. B
607-RING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN
608-THE NAME OF THE
609-COMMISSION, PROVIDED THAT THE
610-STANDING OF ANY
611-STATE LICENSING BOARD TO SUE OR BE
612-SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED
613-;
614-9. P
615-URCHASE AND MAINTAIN INSURANCE AND BONDS ;
616-10. B
617-ORROW, ACCEPT, OR CONTRACT FOR SERVICES OF
618-PERSONNEL
619-, INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF
620-A
621-PARTICIPATING STATE;
622-11. H
623-IRE EMPLOYEES AND E NGAGE CONTRACTORS , ELECT OR
624-APPOINT OFFICERS
625-, FIX COMPENSATION, DEFINE DUTIES,
626-GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO
627-CARRY OUT THE PURPOSES OF THIS
628-COMPACT, AND ESTABLISH
629-THE
630-COMMISSION'S PERSONNEL POLICIES AND PROGRAMS
631-RELATING TO CONFLICTS OF INTEREST
632-, QUALIFICATIONS OF
633-PERSONNEL
634-, AND OTHER RELATED PERSONNEL MATTERS ;
635-12. A
636-CCEPT ANY AND ALL APPROPRIATE DONATIONS AND GRANTS
637-OF MONEY
638-, EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES,
639-AND RECEIVE, UTILIZE, AND DISPOSE OF THE SAME; PROVIDED
640-THAT AT ALL TIMES THE
641-COMMISSION SHALL AVOID ANY
642-APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTEREST
643-;
644-13. L
645-EASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR
646-DONATIONS OF
647-, OR OTHERWISE OWN, HOLD, IMPROVE, OR USE,
648-ANY PROPERTY, REAL, PERSONAL, OR MIXED; PROVIDED THAT
649-AT ALL TIMES THE
650-COMMISSION SHALL AVOID ANY
651-PAGE 13-SENATE BILL 24-018 APPEARANCE OF IMPROPRIETY;
652-14. S
653-ELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,
654-ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY , REAL,
655-PERSONAL, OR MIXED;
656-15. E
657-STABLISH A BUDGET AND MAKE EXPENDITURES ;
658-16. B
659-ORROW MONEY;
660-17. A
661-PPOINT COMMITTEES, INCLUDING STANDING COMMITTEES
662-COMPOSED OF MEMBERS
663-, STATE REGULATORS , STATE
664-LEGISLATORS OR THEIR REPRESENTATIVES
665-, AND CONSUMER
666-REPRESENTATIVES
667-, AND SUCH OTHER INTERESTED PERSONS AS
668-MAY BE DESIGNATED IN THIS
669-COMPACT AND THE BYLAWS ;
670-18. P
671-ROVIDE AND RECEIVE INFORMATION FROM , AND COOPERATE
672-WITH
673-, LAW ENFORCEMENT AGENCIES ;
674-19. E
675-LECT A CHAIR, VICE CHAIR, SECRETARY, AND TREASURER
676-AND SUCH OTHER OFFICERS OF THE
677-COMMISSION AS PROVIDED
678-IN THE
679-COMMISSION'S BYLAWS;
680-20. R
681-ESERVE FOR ITSELF, IN ADDITION TO THOSE RESERVED
682-EXCLUSIVELY TO THE
683-COMMISSION UNDER THE COMPACT,
684-POWERS THAT THE EXECUTIVE COMMITTEE MAY NOT
685-EXERCISE
686-;
687-21. A
688-PPROVE OR DISAPPROVE A STATE'S PARTICIPATION IN THE
689-COMPACT BASED UPON ITS DETERMINATION AS TO WHETHER
690-THE
691-STATE'S COMPACT LEGISLATION DEPARTS IN A MATERIAL
692-MANNER FROM THE
693-MODEL COMPACT LANGUAGE;
694-22. P
695-REPARE AND PROVIDE TO THE PARTICIPATING STATES AN
696-ANNUAL REPORT
697-; AND
698-23. PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR
699-APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS
700-COMPACT
701-CONSISTENT WITH THE
702-STATE REGULATION OF PA LICENSURE
703-AND PRACTICE
704-.
705-PAGE 14-SENATE BILL 24-018 D. M EETINGS OF THE COMMISSION
706-1. ALL MEETINGS OF THE COMMISSION THAT ARE NOT CLOSED
707-PURSUANT TO THIS
708-SUBSECTION D.1 SHALL BE OPEN TO THE
709-PUBLIC
710-. NOTICE OF PUBLIC MEETINGS SHALL BE POSTED ON
711-THE
712-COMMISSION'S WEBSITE AT LEAST THIRTY (30) DAYS
713-PRIOR TO THE PUBLIC MEETING
714-.
715-2. N
716-OTWITHSTANDING SUBSECTION D.1 OF THIS SECTION, THE
717-COMMISSION MAY CONVENE A PUBLIC MEETING BY PROVIDING
718-AT LEAST TWENTY
719--FOUR (24) HOURS PRIOR NOTICE ON THE
720-COMMISSION'S WEBSITE, AND ANY OTHER MEANS AS
721-PROVIDED IN THE
722-COMMISSION'S RULES, FOR ANY OF THE
723-REASONS IT MAY DISPENSE WITH NOTICE OF PROPOSED
724-RULEMAKING UNDER
725-SECTION 9.L OF THIS COMPACT.
726-3. T
727-HE COMMISSION MAY CONVENE IN A CLOSED , NON-PUBLIC
728-MEETING OR NON
729--PUBLIC PART OF A PUBLIC MEETING TO
730-RECEIVE LEGAL ADVICE OR TO DISCUSS
731-:
1681+ECTION 10.B OF THIS COMPACT, TERMINATE A PARTICIPATING21
1682+S
1683+TATE'S PARTICIPATION IN THE COMPACT, IF IT DETERMINES THAT22
1684+A CONSTITUTIONAL REQUIREMENT OF A PARTICIPATING STATE IS,23
1685+OR WOULD BE WITH RESPECT TO A STATE SEEKING TO PARTICIPATE24
1686+IN THIS COMPACT, A MATERIAL DEPARTURE FROM THE COMPACT.25
1687+O
1688+THERWISE, IF THIS COMPACT SHALL BE HELD TO BE CONTRARY TO26
1689+THE CONSTITUTION OF ANY PARTICIPATING STATE, THIS COMPACT27
1690+018
1691+-44- SHALL REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING1
1692+P
1693+ARTICIPATING STATES AND IN FULL FORCE AND EFFECT AS TO THE2
1694+P
1695+ARTICIPATING STATE AFFECTED AS TO ALL SEVERABLE MATTERS . 3
1696+Section 13. Binding Effect of Compact4
7321697 A. N
733-ON-COMPLIANCE OF A PARTICIPATING STATE WITH
734-ITS OBLIGATIONS UNDER THIS
735-COMPACT;
736-b. T
737-HE EMPLOYMENT, COMPENSATION, DISCIPLINE OR
738-OTHER ENFORCEMENT MATTERS
739-, PRACTICES, OR
740-PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR
741-OTHER MATTERS RELATED TO THE
742-COMMISSION'S
743-INTERNAL PERSONNEL PRACTICES AND PROCEDURES
744-;
745-c. C
746-URRENT, THREATENED , OR REASONABLY
747-ANTICIPATED LITIGATION
748-;
749-d. N
750-EGOTIATION OF CONTRACTS FOR THE PURCHASE ,
751-LEASE, OR SALE OF GOODS, SERVICES, OR REAL ESTATE;
752-e. A
753-CCUSING ANY PERSON OF A CRIME OR FORMALLY
754-CENSURING ANY PERSON
755-;
756-f. D
757-ISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR
758-FINANCIAL INFORMATION THAT IS PRIVILEGED OR
759-PAGE 15-SENATE BILL 24-018 CONFIDENTIAL;
760-g. D
761-ISCLOSURE OF INFORMATION OF A PERSONAL NATURE
762-WHERE DISCLOSURE WOULD CONSTITUTE A CLEARLY
763-UNWARRANTED INVASION OF PERSONAL PRIVACY
764-;
765-h. D
766-ISCLOSURE OF INVESTIGATIVE RECORDS COMPILED
767-FOR LAW ENFORCEMENT PURPOSES
768-;
769-i. D
770-ISCLOSURE OF INFORMATION RELATED TO ANY
771-INVESTIGATIVE REPORTS PREPARED BY OR ON BEHALF
772-OF OR FOR USE OF THE
773-COMMISSION OR OTHER
774-COMMITTEE CHARGED WITH RESPONSIBILITY OF
775-INVESTIGATION OR DETERMINATION OF COMPLIANCE
776-ISSUES PURSUANT TO THIS
777-COMPACT;
778-j. L
779-EGAL ADVICE; OR
780-k. M ATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE
781-BY FEDERAL OR
782-PARTICIPATING STATES' STATUTES.
783-4. I
784-F A MEETING, OR PORTION OF A MEETING , IS CLOSED
785-PURSUANT TO THIS
786-SUBSECTION D, THE CHAIR OF THE
787-MEETING OR THE CHAIR
788-'S DESIGNEE SHALL CERTIFY THAT THE
789-MEETING OR PORTION OF THE MEETING MAY BE CLOSED AND
790-SHALL REFERENCE EACH RELEVANT EXEMPTING PROVISION
791-.
792-5. T
793-HE COMMISSION SHALL KEEP MINUTES THAT FULLY AND
794-CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING
795-AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF
796-ACTIONS TAKEN
797-, INCLUDING A DESCRIPTION OF THE VIEWS
798-EXPRESSED
799-. ALL DOCUMENTS CONSIDERED IN CONNECTION
800-WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES
801-. ALL
802-MINUTES AND DOCUMENTS OF A CLOSED MEETING SHALL
803-REMAIN UNDER SEAL
804-, SUBJECT TO RELEASE BY A MAJORITY
805-VOTE OF THE
806-COMMISSION OR ORDER OF A COURT OF
807-COMPETENT JURISDICTION
808-.
809-E. F
810-INANCING OF THE COMMISSION
811-PAGE 16-SENATE BILL 24-018 1. THE COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT
812-OF
813-, THE REASONABLE EXPENSES OF ITS ESTABLISHMENT ,
814-ORGANIZATION, AND ONGOING ACTIVITIES.
815-2. T
816-HE COMMISSION MAY ACCEPT ANY AND ALL APPROPRIATE
817-REVENUE SOURCES
818-, DONATIONS, AND GRANTS OF MONEY ,
819-EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES.
820-3. T
821-HE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL
822-ASSESSMENT FROM EACH
823-PARTICIPATING STATE AND MAY
824-IMPOSE
825-COMPACT PRIVILEGE FEES ON LICENSEES OF
826-PARTICIPATING STATES TO WHOM A COMPACT PRIVILEGE IS
827-GRANTED TO COVER THE COST OF THE OPERATIONS AND
828-ACTIVITIES OF THE
829-COMMISSION AND ITS STAFF, WHICH MUST
830-BE IN A TOTAL AMOUNT SUFFICIENT TO COVER ITS ANNUAL
831-BUDGET AS APPROVED BY THE
832-COMMISSION EACH YEAR FOR
833-WHICH REVENUE IS NOT PROVIDED BY OTHER SOURCES
834-. THE
835-AGGREGATE ANNUAL ASSESSMENT AMOUNT LEVIED ON
836-PARTICIPATING STATES SHALL BE ALLOCATED BASED UPON A
837-FORMULA TO BE DETERMINED BY
838-COMMISSION RULE.
839-a. A
840- COMPACT PRIVILEGE EXPIRES WHEN THE LICENSEE'S
841-QUALIFYING LICENSE IN THE PARTICIPATING STATE
842-FROM WHICH THE
843-LICENSEE APPLIED FOR THE
844-COMPACT PRIVILEGE EXPIRES.
845-b. I
846-F THE LICENSEE TERMINATES THE QUALIFYING
847-LICENSE THROUGH WHICH THE LICENSEE APPLIED FOR
848-THE
849-COMPACT PRIVILEGE BEFORE ITS SCHEDULED
850-EXPIRATION
851-, AND THE LICENSEE HAS A QUALIFYING
852-LICENSE IN ANOTHER PARTICIPATING STATE, THE
853-LICENSEE SHALL INFORM THE COMMISSION THAT THE
854-LICENSEE IS CHANGING TO THAT PARTICIPATING
855-STATE THE PARTICIPATING STATE THROUGH WHICH IT
856-APPLIES FOR A
857-COMPACT PRIVILEGE AND PAY TO THE
858-COMMISSION ANY COMPACT PRIVILEGE FEE REQUIRED
859-BY
860-COMMISSION RULE.
861-4. T
862-HE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY
863-KIND PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE
864-PAGE 17-SENATE BILL 24-018 SAME; NOR SHALL THE COMMISSION PLEDGE THE CREDIT OF
865-ANY OF THE
866-PARTICIPATING STATES, EXCEPT BY AND WITH
867-THE AUTHORITY OF THE
868-PARTICIPATING STATE.
869-5. T
870-HE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL
871-RECEIPTS AND DISBURSEMENTS
872-. THE RECEIPTS AND
873-DISBURSEMENTS OF THE
874-COMMISSION SHALL BE SUBJECT TO
875-THE FINANCIAL REVIEW AND ACCOUNTING PROCEDURES
876-ESTABLISHED UNDER ITS BYLAWS
877-. ALL RECEIPTS AND
878-DISBURSEMENTS OF FUNDS HANDLED BY THE
879-COMMISSION
880-SHALL BE SUBJECT TO AN ANNUAL FI NANCIAL REVIEW BY A
881-CERTIFIED OR LICENSED PUBLIC ACCOUNTANT
882-, AND THE
883-REPORT OF THE FINANCIAL REVIEW SHALL BE INCLUDED IN
884-AND BECOME PART OF THE ANNUAL REPORT OF THE
885-COMMISSION.
886-F. T
887-HE EXECUTIVE COMMITTEE
888-1. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT
889-ON BEHALF OF THE
890-COMMISSION ACCORDING TO THE TERMS
891-OF THIS
892-COMPACT AND COMMISSION RULES.
893-2. T
894-HE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF NINE (9)
895-MEMBERS:
896-a. S
897-EVEN (7) VOTING MEMBERS WHO ARE ELECTED BY
898-THE
899-COMMISSION FROM THE CURRENT MEMBERSHIP OF
900-THE
901-COMMISSION;
902-b. O
903-NE (1) EX OFFICIO, NONVOTING MEMBER FROM A
904-RECOGNIZED NATIONAL
905-PA PROFESSIONAL
906-ASSOCIATION
907-; AND
908-c. ONE (1) EX OFFICIO, NONVOTING MEMBER FROM A
909-RECOGNIZED NATIONAL
910-PA CERTIFICATION
911-ORGANIZATION
912-.
913-3. T
914-HE EX OFFICIO MEMBERS WILL BE SELECTED BY THEIR
915-RESPECTIVE ORGANIZATIONS
916-.
917-PAGE 18-SENATE BILL 24-018 4. THE COMMISSION MAY REMOVE ANY MEMBER OF THE
918-EXECUTIVE COMMITTEE AS PROVIDED IN ITS BYLAWS .
919-5. T
920-HE EXECUTIVE COMMITTEE SHALL MEET AT LEAST
921-ANNUALLY
922-.
923-6. T
924-HE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING
925-DUTIES AND RESPONSIBILITIES
926-:
927-a. R
928-ECOMMEND TO THE COMMISSION CHANGES TO THE
929-COMMISSION'S RULES OR BYLAWS, CHANGES TO THIS
930-COMPACT LEGISLATION, FEES TO BE PAID BY COMPACT
931-PARTICIPATING STATES SUCH AS ANNUAL DUES , AND
932-ANY
933-COMMISSION COMPACT FEE CHARGED TO
934-LICENSEES FOR THE COMPACT PRIVILEGE;
935-b. E
936-NSURE COMPACT ADMINISTRATION SERVICES ARE
937-APPROPRIATELY PROVIDED
938-, CONTRACTUAL OR
939-OTHERWISE
940-;
941-c. P
942-REPARE AND RECOMMEND THE BUDGET ;
943-d. M
944-AINTAIN FINANCIAL RECORDS ON BEHALF OF THE
945-COMMISSION;
946-e. M
947-ONITOR COMPACT COMPLIANCE OF PARTICIPATING
948-STATES AND PROVIDE COMPLIANCE REPORTS TO THE
949-COMMISSION;
950-f. E
951-STABLISH ADDITIONAL COMMITTEES AS NECESSARY ;
952-g. E
953-XERCISE THE POWERS AND DUTIES OF THE
954-COMMISSION DURING THE INTERIM BETWEEN
955-COMMISSION MEETINGS , EXCEPT FOR ISSUING
956-PROPOSED RULEMAKING OR ADOPTING
957-COMMISSION
958-RULES OR BYLAWS , OR EXERCISING ANY OTHER
959-POWERS AND DUTIES EXCLUSIVELY RESERVED TO THE
960-COMMISSION BY THE COMMISSION'S RULES; AND
961-h. PERFORM OTHER DUTIES AS PROVIDED IN THE
962-PAGE 19-SENATE BILL 24-018 COMMISSION'S RULES OR BYLAWS.
963-7. A
964-LL MEETINGS OF THE EXECUTIVE COMMITTEE AT WHICH IT
965-VOTES OR PLANS TO VOTE ON MATTERS IN EXERCISING THE
966-POWERS AND DUTIES OF THE
967-COMMISSION SHALL BE OPEN TO
968-THE PUBLIC
969-, AND PUBLIC NOTICE OF SUCH MEETINGS SHALL BE
970-GIVEN AS PUBLIC MEETINGS OF THE
971-COMMISSION ARE GIVEN.
972-8. T
973-HE EXECUTIVE COMMITTEE MAY CONVENE IN A CLOSED ,
974-NON-PUBLIC MEETING FOR THE SAME REASONS THAT THE
975-COMMISSION MAY CONVENE IN A NON-PUBLIC MEETING AS SET
976-FORTH IN
977-SUBSECTION D.3 OF THIS SECTION AND SHALL
978-ANNOUNCE THE CLOSED MEETING AS THE
979-COMMISSION IS
980-REQUIRED TO UNDER
981-SUBSECTION D.4 OF THIS SECTION AND
982-KEEP MINUTES OF THE CLOSED MEETING AS THE
983-COMMISSION
984-IS REQUIRED TO UNDER
985-SUBSECTION D.5 OF THIS SECTION.
986-G. Q
987-UALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
988-1. THE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES,
989-AND REPRESENTATIVES OF THE COMMISSION SHALL BE
990-IMMUNE FROM SUIT AND LIABILITY
991-, BOTH PERSONALLY AND IN
992-THEIR OFFICIAL CAPACITY
993-, FOR ANY CLAIM FOR DAMAGE TO
994-OR LOSS OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL
995-LIABILITY CAUSED BY OR ARISING OUT OF ANY ACTUAL OR
996-ALLEGED ACT
997-, ERROR, OR OMISSION THAT OCCURRED , OR
998-THAT THE PERSON AGAINST WHOM THE CLAIM IS MADE HAD A
999-REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE
1000-SCOPE OF
1001-COMMISSION EMPLOYMENT , DUTIES, OR
1002-RESPONSIBILITIES
1003-; PROVIDED THAT NOTHING HEREIN SHALL BE
1004-CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR
1005-LIABILITY FOR ANY DAMAGE
1006-, LOSS, INJURY, OR LIABILITY
1007-CAUSED BY THE INTENTIONAL OR WILLFUL OR WANTON
1008-MISCONDUCT OF THAT PERSON
1009-. THE PROCUREMENT OF
1010-INSURANCE OF ANY TYPE BY THE
1011-COMMISSION SHALL NOT IN
1012-ANY WAY COMPROMISE OR LIMIT THE IMMUNITY GRANTED
1013-HEREUNDER
1014-.
1015-2. T
1016-HE COMMISSION SHALL DEFEND ANY MEMBER , OFFICER,
1017-EXECUTIVE DIRECTOR, EMPLOYEE, AND REPRESENTATIVE OF
1018-PAGE 20-SENATE BILL 24-018 THE COMMISSION IN ANY CIVIL ACTION SEEKING TO IMPOSE
1019-LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED ACT
1020-,
1021-ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF
1022-COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR
1023-AS DETERMINED BY THE COMMISSION THAT THE PERSON
1024-AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE
1025-BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
1026-COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;
1027-PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO
1028-PROHIBIT THAT PERSON FROM RETAINING THEIR OWN COUNSEL
1029-AT THEIR OWN EXPENSE
1030-; AND PROVIDED FURTHER, THAT THE
1031-ACTUAL OR ALLEGED ACT
1032-, ERROR, OR OMISSION DID NOT
1033-RESULT FROM THAT PERSON
1034-'S INTENTIONAL OR WILLFUL OR
1035-WANTON MISCONDUCT
1036-.
1037-3. T
1038-HE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS
1039-ANY MEMBER
1040-, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE,
1041-AND REPRESENTATIVE OF THE COMMISSION FOR THE AMOUNT
1042-OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST THAT
1043-PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT
1044-,
1045-ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF
1046-COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR
1047-THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING
1048-OCCURRED WITHIN THE SCOPE OF
1049-COMMISSION EMPLOYMENT ,
1050-DUTIES, OR RESPONSIBILITIES, PROVIDED THAT THE ACTUAL
1051-OR ALLEGED ACT
1052-, ERROR, OR OMISSION DID NOT RESULT FROM
1053-THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF
1054-THAT PERSON
1055-.
1056-4. V
1057-ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST
1058-THE
1059-COMMISSION SHALL BE BROUGHT SOLELY AND
1060-EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION
1061-WHERE THE PRINCIPAL OFFICE OF THE
1062-COMMISSION IS
1063-LOCATED
1064-. THE COMMISSION MAY WAIVE VENUE AND
1065-JURISDICTIONAL DEFENSES IN ANY PROCEEDINGS AS
1066-AUTHORIZED BY
1067-COMMISSION RULES.
1068-5. N
1069-OTHING HEREIN SHALL BE CONSTRUED AS A LIMITATION ON
1070-THE LIABILITY OF ANY
1071-LICENSEE FOR PROFESSIONAL
1072-MALPRACTICE OR MISCONDUCT
1073-, WHICH SHALL BE GOVERNED
1074-PAGE 21-SENATE BILL 24-018 SOLELY BY ANY OTHER APPLICABLE STATE LAWS.
1075-6. N
1076-OTHING HEREIN SHALL BE CONSTRUED TO DESIGNATE THE
1077-VENUE OR JURISDICTION TO BRING ACTIONS FOR ALLEGED
1078-ACTS OF MALPRACTICE
1079-, PROFESSIONAL MISCONDUCT ,
1080-NEGLIGENCE, OR OTHER SUCH CIVIL ACTION PERTAINING TO
1081-THE PRACTICE OF A
1082-PA. ALL SUCH MATTERS SHALL BE
1083-DETERMINED EXCLUSIVELY BY
1084-STATE LAW OTHER THAN THIS
1085-COMPACT.
1086-7. N
1087-OTHING IN THIS COMPACT SHALL BE INTERPRETED TO WAIVE
1088-OR OTHERWISE ABROGATE A
1089-PARTICIPATING STATE'S STATE
1090-ACTION IMMUNITY OR STATE ACTION AFFIRMATIVE DEFENSE
1091-WITH RESPECT TO ANTITRUST CLAIMS UNDER THE
1092-SHERMAN
1093-ACT, CLAYTON ACT, OR ANY OTHER STATE OR FEDERAL
1094-ANTITRUST OR ANTICOMPETITIVE LAW OR REGULATION
1095-.
1096-8. N
1097-OTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A
1098-WAIVER OF SOVEREIGN IMMUNITY BY THE
1099-PARTICIPATING
1100-STATES OR BY THE COMMISSION.
1101-Section 8. Data System
1102-A. T
1103-HE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT ,
1104-MAINTENANCE, OPERATION, AND UTILIZATION OF A COORDINATED
1105-DATA AND REPORTING SYSTEM CONTAINING LICENSURE
1106-INFORMATION
1107-, ADVERSE ACTION INFORMATION, AND THE REPORTING
1108-OF THE EXISTENCE OF
1109-SIGNIFICANT INVESTIGATIVE INFORMATION ON
1110-ALL LICENSED
1111-PAS AND APPLICANTS DENIED A LICENSE IN
1112-PARTICIPATING STATES.
1113-B. N
1114-OTWITHSTANDING ANY OTHER STATE LAW TO THE CONTRARY , A
1115-PARTICIPATING STATE SHALL SUBMIT A UNIFORM DATA SET TO THE
1116-DATA SYSTEM ON ALL PAS TO WHOM THIS COMPACT IS APPLICABLE
1117-(UTILIZING A UNIQUE IDENTIFIER) AS REQUIRED BY THE RULES OF THE
1118-COMMISSION, INCLUDING:
1119-1. I
1120-DENTIFYING INFORMATION;
1121-2. L
1122-ICENSURE DATA;
1123-PAGE 22-SENATE BILL 24-018 3. ADVERSE ACTIONS AGAINST A LICENSE OR COMPACT
1124-PRIVILEGE;
1125-4. A
1126-NY DENIAL OF APPLICATION FOR LICENSURE , AND THE
1127-REASON
1128-(S) FOR SUCH DENIAL (EXCLUDING THE REPORTING OF
1129-ANY CRIMINAL HISTORY RECORD INFORMATION WHERE
1130-PROHIBITED BY LAW
1131-);
1132-5. T
1133-HE EXISTENCE OF SIGNIFICANT INVESTIGATIVE
1134-INFORMATION; AND
1135-6. OTHER INFORMATION THAT MAY FACILITATE THE
1136-ADMINISTRATION OF THIS
1137-COMPACT, AS DETERMINED BY THE
1138-RULES OF THE COMMISSION.
1139-C. S
1140-IGNIFICANT INVESTIGATIVE INFORMATION PERTAINING TO A
1141-LICENSEE IN ANY PARTICIPATING STATE SHALL ONLY BE AVAILABLE
1142-TO OTHER
1143-PARTICIPATING STATES.
1144-D. T
1145-HE COMMISSION SHALL PROMPTLY NOTIFY ALL PARTICIPATING
1146-STATES OF ANY ADVERSE ACTION TAKEN AGAINST A LICENSEE OR AN
1147-INDIVIDUAL APPLYING FOR A
1148-LICENSE THAT HAS BEEN REPORTED TO
1149-IT
1150-. THIS ADVERSE ACTION INFORMATION SHALL BE AVAILABLE TO
1151-ANY OTHER
1152-PARTICIPATING STATE.
1153-E. P
1154-ARTICIPATING STATES CONTRIBUTING INFORMATION TO THE DATA
1155-SYSTEM MAY, IN ACCORDANCE WITH STATE OR FEDERAL LAW ,
1156-DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH THE
1157-PUBLIC WITHOUT THE EXPRESS PERMISSION OF THE CONTRIBUTING
1158-STATE. NOTWITHSTANDING ANY SUCH DESIGNATION , SUCH
1159-INFORMATION SHALL BE REPORTED TO THE
1160-COMMISSION THROUGH
1161-THE
1162-DATA SYSTEM.
1163-F. A
1164-NY INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS
1165-SUBSEQUENTLY EXPUNGED PURSUANT TO FEDERAL LAW OR THE LAWS
1166-OF THE
1167-PARTICIPATING STATE CONTRIBUTING THE INFORMATION
1168-SHALL BE REMOVED FROM THE
1169-DATA SYSTEM UPON REPORTING OF
1170-SUCH BY THE
1171-PARTICIPATING STATE TO THE COMMISSION.
1172-G. T
1173-HE RECORDS AND INFORMATION PROVIDED TO A PARTICIPATING
1174-PAGE 23-SENATE BILL 24-018 STATE PURSUANT TO THIS COMPACT OR THROUGH THE DATA
1175-SYSTEM, WHEN CERTIFIED BY THE COMMISSION OR AN AGENT
1176-THEREOF
1177-, SHALL CONSTITUTE THE AUTHENTICATED BUSINESS
1178-RECORDS OF THE
1179-COMMISSION, AND SHALL BE ENTITLED TO ANY
1180-ASSOCIATED HEARSAY EXCEPTION IN ANY RELEVANT JUDICIAL
1181-,
1182-QUASI-JUDICIAL, OR ADMINISTRATIVE PROCEEDINGS IN A
1183-PARTICIPATING STATE.
1184-Section 9. Rulemaking
1185-A. T
1186-HE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS
1187-PURSUANT TO THE CRITERIA SET FORTH IN THIS
1188-SECTION AND THE
1189-RULES ADOPTED THEREUNDER . COMMISSION RULES SHALL BECOME
1190-BINDING AS OF THE DATE SPECIFIED BY THE
1191-COMMISSION FOR EACH
1192-RULE.
1193-B. T
1194-HE COMMISSION SHALL PROMULGATE REASONABLE RULES IN ORDER
1195-TO EFFECTIVELY AND EFFICIENTLY IMPLEMENT AND ADMINISTER THIS
1196-COMPACT AND ACHIEVE ITS PURPOSES . A COMMISSION RULE SHALL
1197-BE INVALID AND HAVE NO FORCE OR EFFECT ONLY IF A COURT OF
1198-COMPETENT JURISDICTION HOLDS THAT THE
1199-RULE IS INVALID
1200-BECAUSE THE
1201-COMMISSION EXERCISED ITS RULEMAKING AUTHORITY
1202-IN A MANNER THAT IS BEYOND THE SCOPE OF THE PURPOSES OF THIS
1203-COMPACT, OR THE POWERS GRANTED HEREUNDER , OR BASED UPON
1204-ANOTHER APPLICABLE STANDARD OF REVIEW
1205-.
1206-C. T
1207-HE RULES OF THE COMMISSION SHALL HAVE THE FORCE OF LAW IN
1208-EACH
1209-PARTICIPATING STATE, PROVIDED HOWEVER THAT WHERE THE
1210-RULES OF THE COMMISSION CONFLICT WITH THE LAWS OF THE
1211-PARTICIPATING STATE THAT ESTABLISH THE MEDICAL SERVICES A
1212-PA MAY PERFORM IN THE PARTICIPATING STATE, AS HELD BY A
1213-COURT OF COMPETENT JURISDICTION
1214-, THE RULES OF THE
1215-COMMISSION SHALL BE INEFFECTIVE IN THAT STATE TO THE EXTENT
1216-OF THE CONFLICT
1217-.
1218-D. I
1219-F A MAJORITY OF THE LEGISLATURES OF THE PARTICIPATING STATES
1220-REJECTS A
1221-COMMISSION RULE, BY ENACTMENT OF A STATUTE OR
1222-RESOLUTION IN THE SAME MANNER USED TO ADOPT THIS
1223-COMPACT
1224-WITHIN FOUR
1225-(4) YEARS OF THE DATE OF ADOPTION OF THE RULE,
1226-THEN SUCH RULE SHALL HAVE NO FURTHER FORCE AND EFFECT IN
1227-PAGE 24-SENATE BILL 24-018 ANY PARTICIPATING STATE OR TO ANY STATE APPLYING TO
1228-PARTICIPATE IN THE
1229-COMPACT.
1230-E. C
1231-OMMISSION RULES SHALL BE ADOPTED AT A REGULAR OR SPECIAL
1232-MEETING OF THE
1233-COMMISSION.
1234-F. P
1235-RIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR RULES
1236-BY THE
1237-COMMISSION, AND AT LEAST THIRTY (30) DAYS IN ADVANCE
1238-OF THE MEETING AT WHICH THE
1239-RULE WILL BE CONSIDERED AND
1240-VOTED UPON
1241-, THE COMMISSION SHALL FILE A NOTICE OF PROPOSED
1242-RULEMAKING
1243-:
1244-1. O
1245-N THE WEBSITE OF THE COMMISSION OR OTHER PUBLICLY
1246-ACCESSIBLE PLATFORM
1247-;
1248-2. T
1249-O PERSONS WHO HAVE REQUESTED THE COMMISSION'S
1250-NOTICES OF PROPOSED RULEMAKING
1251-; AND
1252-3. IN SUCH OTHER WAY(S) AS THE COMMISSION MAY BY RULE
1253-SPECIFY
1254-.
1255-G. T
1256-HE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE :
1257-1. T
1258-HE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING ON
1259-THE PROPOSED
1260-RULE AND THE PROPOSED TIME , DATE, AND
1261-LOCATION OF THE MEETING IN WHICH THE PROPOSED
1262-RULE
1263-WILL BE CONSIDERED AND VOTED UPON
1264-;
1265-2. T
1266-HE TEXT OF THE PROPOSED RULE AND THE REASON FOR THE
1267-PROPOSED
1268-RULE;
1269-3. A
1270- REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM
1271-ANY INTERESTED PERSON AND THE DATE BY WHICH WRITTEN
1272-COMMENTS MUST BE RECEIVED
1273-; AND
1274-4. THE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT
1275-NOTICE TO THE
1276-COMMISSION OF THEIR INTENTION TO ATTEND
1277-THE PUBLIC HEARING OR PROVIDE ANY WRITTEN COMMENTS
1278-.
1279-H. P
1280-RIOR TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL
1281-PAGE 25-SENATE BILL 24-018 ALLOW PERSONS TO SUBMIT WRITTEN DATA , FACTS, OPINIONS, AND
1282-ARGUMENTS
1283-, WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC .
1284-I. I
1285-F THE HEARING IS TO BE HELD VIA ELECTRONIC MEANS , THE
1286-COMMISSION SHALL PUBLISH THE MECHANISM FOR ACCESS TO THE
1287-ELECTRONIC HEARING
1288-.
1289-1. A
1290-LL PERSONS WISHING TO BE HEARD AT THE HEARING SHALL
1291-AS DIRECTED IN THE NOTICE OF PROPOSED RULEMAKING
1292-, NOT
1293-LESS THAN FIVE
1294-(5) BUSINESS DAYS BEFORE THE SCHEDULED
1295-DATE OF THE HEARING
1296-, NOTIFY THE COMMISSION OF THEIR
1297-DESIRE TO APPEAR AND TESTIFY AT THE HEARING
1298-.
1299-2. H
1300-EARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING
1301-EACH PERSON WHO WISHES TO COMMENT A FAIR AND
1302-REASONABLE OPPORTUNITY TO COMMENT ORALLY OR IN
1303-WRITING
1304-.
1305-3. A
1306-LL HEARINGS SHALL BE RECORDED . A COPY OF THE
1307-RECORDING AND THE WRITTEN COMMENTS
1308-, DATA, FACTS,
1309-OPINIONS, AND ARGUMENTS RECEIVED IN RESPONSE TO THE
1310-PROPOSED RULEMAKING SHALL BE MADE AVAILABLE TO A
1311-PERSON UPON REQUEST
1312-.
1313-4. N
1314-OTHING IN THIS SECTION SHALL BE CONSTRUED AS
1315-REQUIRING A SEPARATE HEARING ON EACH PROPOSED
1316-RULE.
1698+OTHING HEREIN PREVENTS THE ENFORCEMENT OF ANY OTHER5
1699+LAW OF A PARTICIPATING STATE THAT IS NOT INCONSISTENT WITH6
1700+THIS COMPACT.7
1701+B. A
1702+NY LAWS IN A PARTICIPATING STATE IN CONFLICT WITH THIS8
1703+C
1704+OMPACT ARE SUPERSEDED TO THE EXTENT OF THE CONFLICT .9
1705+C. A
1706+LL AGREEMENTS BETWEEN THE COMMISSION AND THE10
13171707 P
1318-ROPOSED RULES MAY BE GROUPED FOR THE CONVENIENCE
1319-OF THE
1320-COMMISSION AT HEARINGS REQUIRED BY THIS
1321-SECTION
1322-.
1323-J. F
1324-OLLOWING THE PUBLIC HEARING THE COMMISSION SHALL CONSIDER
1325-ALL WRITTEN AND ORAL COMMENTS TIMELY RECEIVED
1326-.
1327-K. T
1328-HE COMMISSION SHALL, BY MAJORITY VOTE OF ALL DELEGATES ,
1329-TAKE FINAL ACTION ON THE PROPOSED RULE AND SHALL DETERMINE
1330-THE EFFECTIVE DATE OF THE
1331-RULE, IF ADOPTED, BASED ON THE
1332-RULEMAKING RECORD AND THE FULL TEXT OF THE
1333-RULE.
1334-1. I
1335-F ADOPTED, THE RULE SHALL BE POSTED ON THE
1336-COMMISSION'S WEBSITE.
1337-PAGE 26-SENATE BILL 24-018 2. THE COMMISSION MAY ADOPT CHANGES TO THE PROPOSED
1338-RULE PROVIDED THE CHANGES DO NOT ENLARGE THE
1339-ORIGINAL PURPOSE OF THE PROPOSED
1340-RULE.
1341-3. T
1342-HE COMMISSION SHALL PROVIDE ON ITS WEBSITE AN
1343-EXPLANATION OF THE REASONS FOR SUBSTANTIVE CHANGES
1344-MADE TO THE PROPOSED
1345-RULE AS WELL AS REASONS FOR
1346-SUBSTANTIVE CHANGES NOT MADE THAT WERE
1347-RECOMMENDED BY COMMENTERS
1348-.
1349-4. T
1350-HE COMMISSION SHALL DETERMINE A REASONABLE
1351-EFFECTIVE DATE FOR THE
1352-RULE. EXCEPT FOR AN EMERGENCY
1353-AS PROVIDED IN
1354-SUBSECTION L OF THIS SECTION, THE
1355-EFFECTIVE DATE OF THE
1356-RULE SHALL BE NO SOONER THAN
1357-THIRTY
1358-(30) DAYS AFTER THE COMMISSION ISSUED THE
1359-NOTICE THAT IT ADOPTED THE
1360-RULE.
1361-L. U
1362-PON DETERMINATION THAT AN EMERGENCY EXISTS , THE
1363-COMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE WITH
1364-TWENTY
1365--FOUR (24) HOURS PRIOR NOTICE , WITHOUT THE
1366-OPPORTUNITY FOR COMMENT OR HEARING
1367-, PROVIDED THAT THE
1368-USUAL RULEMAKING PROCEDURES PROVIDED IN THIS
1369-COMPACT AND
1370-IN THIS SECTION SHALL BE RETROACTIVELY APPLIED TO THE
1371-RULE AS
1372-SOON AS REASONABLY POSSIBLE
1373-, IN NO EVENT LATER THAN NINETY
1374-(90) DAYS AFTER THE EFFECTIVE DATE OF THE RULE. FOR THE
1375-PURPOSES OF THIS
1376-SUBSECTION L, AN EMERGENCY RULE IS ONE THAT
1377-MUST BE ADOPTED IMMEDIATELY BY THE
1378-COMMISSION IN ORDER TO:
1379-1. M
1380-EET AN IMMINENT THREAT TO PUBLIC HEALTH , SAFETY, OR
1381-WELFARE
1382-;
1383-2. P
1384-REVENT A LOSS OF COMMISSION OR PARTICIPATING STATE
1385-FUNDS
1386-;
1387-3. M
1388-EET A DEADLINE FOR THE PROMULGATION OF A COMMISSION
1389-RULE THAT IS ESTABLISHED BY FEDERAL LAW OR RULE; OR
1390-4. PROTECT PUBLIC HEALTH AND SAFETY .
1391-M. T
1392-HE COMMISSION OR AN AUTHORIZED COMMITTEE OF THE
1393-PAGE 27-SENATE BILL 24-018 COMMISSION MAY DIRECT REVISIONS TO A PREVIOUSLY ADOPTED
1394-COMMISSION RULE FOR PURPOSES OF CORRECTING TYPOGRAPHICAL
1395-ERRORS
1396-, ERRORS IN FORMAT , ERRORS IN CONSISTENCY , OR
1397-GRAMMATICAL ERRORS
1398-. PUBLIC NOTICE OF ANY REVISIONS SHALL BE
1399-POSTED ON THE WEBSITE OF THE
1400-COMMISSION. THE REVISION SHALL
1401-BE SUBJECT TO CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY
1402-(30) DAYS AFTER POSTING. THE REVISION MAY BE CHALLENGED ONLY
1403-ON GROUNDS THAT THE REVISION RESULTS IN A MATERIAL CHANGE
1404-TO A
1405-RULE. A CHALLENGE SHALL BE MADE AS SET FORTH IN THE
1406-NOTICE OF REVISIONS AND DELIVERED TO THE
1407-COMMISSION PRIOR TO
1408-THE END OF THE NOTICE PERIOD
1409-. IF NO CHALLENGE IS MADE, THE
1410-REVISION WILL TAKE EFFECT WITHOUT FURTHER ACTION
1411-. IF THE
1412-REVISION IS CHALLENGED
1413-, THE REVISION MAY NOT TAKE EFFECT
1414-WITHOUT THE APPROVAL OF THE
1415-COMMISSION.
1416-N. N
1417-O PARTICIPATING STATE'S RULEMAKING REQUIREMENTS SHALL
1418-APPLY UNDER THIS
1419-COMPACT.
1420-Section 10. Oversight, Dispute Resolution, and Enforcement
1421-A. O
1422-VERSIGHT
1423-1. THE EXECUTIVE AND JUDICIAL BRANCHES OF STATE
1424-GOVERNMENT IN EACH
1425-PARTICIPATING STATE SHALL ENFORCE
1426-THIS
1427-COMPACT AND TAKE ALL ACTIONS NECESSARY AND
1428-APPROPRIATE TO IMPLEMENT THE
1429-COMPACT.
1430-2. V
1431-ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST
1432-THE
1433-COMMISSION SHALL BE BROUGHT SOLELY AND
1434-EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION
1435-WHERE THE PRINCIPAL OFFICE OF THE
1436-COMMISSION IS
1437-LOCATED
1438-. THE COMMISSION MAY WAIVE VENUE AND
1439-JURISDICTIONAL DEFENSES TO THE EXTENT IT ADOPTS OR
1440-CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE
1441-RESOLUTION PROCEEDINGS
1442-. NOTHING HEREIN SHALL AFFECT
1443-OR LIMIT THE SELECTION OR PROPRIETY OF VENUE IN ANY
1444-ACTION AGAINST A LICENSEE FOR PROFESSIONAL
1445-MALPRACTICE
1446-, MISCONDUCT, OR ANY SUCH SIMILAR MATTER.
1447-3. T
1448-HE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF
1449-PAGE 28-SENATE BILL 24-018 PROCESS IN ANY PROCEEDING REGARDING THE ENFORCEMENT
1450-OR INTERPRETATION OF THE
1451-COMPACT OR THE COMMISSION'S
1452-RULES AND SHALL HAVE STANDING TO INTERVENE IN SUCH A
1453-PROCEEDING FOR ALL PURPOSES
1454-. FAILURE TO PROVIDE THE
1455-COMMISSION WITH SERVICE OF PROCESS SHALL RENDER A
1456-JUDGMENT OR ORDER IN SUCH PROCEEDING VOID AS TO THE
1457-COMMISSION, THIS COMPACT, OR COMMISSION RULES.
1458-B. D
1459-EFAULT, TECHNICAL ASSISTANCE, AND TERMINATION
1460-1. IF THE COMMISSION DETERMINES THAT A PARTICIPATING
1461-STATE HAS DEFAULTED IN THE PERFORMANCE OF ITS
1462-OBLIGATIONS OR RESPONSIBILITIES UNDER THIS
1463-COMPACT OR
1464-THE
1465-COMMISSION RULES, THE COMMISSION SHALL PROVIDE
1466-WRITTEN NOTICE TO THE DEFAULTING
1467-STATE AND OTHER
1468-PARTICIPATING STATES. THE NOTICE SHALL DESCRIBE THE
1469-DEFAULT
1470-, THE PROPOSED MEANS OF CURING THE DEFAULT ,
1471-AND ANY OTHER ACTION THAT THE COMMISSION MAY TAKE
1472-AND SHALL OFFER REMEDIAL TRAINING AND SPECIFIC
1473-TECHNICAL ASSISTANCE REGARDING THE DEFAULT
1474-.
1475-2. I
1476-F A STATE IN DEFAULT FAILS TO CURE THE DEFAULT , THE
1477-DEFAULTING
1478-STATE MAY BE TERMINATED FROM THIS
1479-COMPACT UPON AN AFFIRMATIVE VOTE OF A MAJORITY OF THE
1480-DELEGATES OF THE
1481-PARTICIPATING STATES, AND ALL RIGHTS,
1482-PRIVILEGES, AND BENEFITS CONFERRED BY THIS COMPACT
1483-UPON SUCH
1484-STATE MAY BE TERMINATED ON THE EFFECTIVE
1485-DATE OF TERMINATION
1486-. A CURE OF THE DEFAULT DOES NOT
1487-RELIEVE THE OFFENDING
1488-STATE OF OBLIGATIONS OR
1489-LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT
1490-.
1491-3. T
1492-ERMINATION OF PARTICIPATION IN THIS COMPACT SHALL BE
1493-IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING
1494-COMPLIANCE HAVE BEEN EXHAUSTED
1495-. NOTICE OF INTENT TO
1496-SUSPEND OR TERMINATE SHALL BE GIVEN BY THE
1497-COMMISSION
1498-TO THE GOVERNOR
1499-, THE MAJORITY AND MINORITY LEADERS OF
1500-THE DEFAULTING
1501-STATE'S LEGISLATURE, AND THE LICENSING
1502-BOARD(S) OF EACH OF THE PARTICIPATING STATES.
1503-4. A
1504- STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR
1505-PAGE 29-SENATE BILL 24-018 ALL ASSESSMENTS, OBLIGATIONS, AND LIABILITIES INCURRED
1506-THROUGH THE EFFECTIVE DATE OF TERMINATION
1507-, INCLUDING
1508-OBLIGATIONS THAT EXTEND BEYOND THE EFFECTIVE DATE OF
1509-TERMINATION
1510-.
1511-5. T
1512-HE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO
1513-A
1514-STATE THAT IS FOUND TO BE IN DEFAULT OR THAT HAS BEEN
1515-TERMINATED FROM THIS
1516-COMPACT, UNLESS AGREED UPON IN
1517-WRITING BETWEEN THE
1518-COMMISSION AND THE DEFAULTING
1519-STATE.
1520-6. T
1521-HE DEFAULTING STATE MAY APPEAL ITS TERMINATION FROM
1522-THE
1523-COMPACT BY THE COMMISSION BY PETITIONING THE
1524-UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
1525-COLUMBIA OR THE FEDERAL DISTRICT WHERE THE
1526-COMMISSION HAS ITS PRINCIPAL OFFICES. THE PREVAILING
1527-PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION
1528-,
1529-INCLUDING REASONABLE ATTORNEY 'S FEES.
1530-7. U
1531-PON THE TERMINATION OF A STATE'S PARTICIPATION IN THE
1532-COMPACT, THE STATE SHALL IMMEDIATELY PROVIDE NOTICE
1533-TO ALL
1534-LICENSEES WITHIN THAT STATE OF SUCH
1535-TERMINATION
1536-:
1537-a. L
1538-ICENSEES WHO HAVE BEEN GRANTED A COMPACT
1539-PRIVILEGE IN THAT STATE SHALL RETAIN THE
1540-COMPACT PRIVILEGE FOR ONE HUNDRED EIGHTY (180)
1541-DAYS FOLLOWING THE EFFECTIVE DATE OF SUCH
1542-TERMINATION
1543-.
1544-b. L
1545-ICENSEES WHO ARE LICENSED IN THAT STATE WHO
1546-HAVE BEEN GRANTED A
1547-COMPACT PRIVILEGE IN A
1548-PARTICIPATING STATE SHALL RETAIN THE COMPACT
1549-PRIVILEGE FOR ONE HUNDRED EIGHTY (180) DAYS
1550-UNLESS THE
1551-LICENSEE ALSO HAS A QUALIFYING
1552-LICENSE IN A PARTICIPATING STATE OR OBTAINS A
1553-QUALIFYING LICENSE IN A PARTICIPATING STATE
1554-BEFORE THE ONE HUNDRED EIGHTY
1555-(180)-DAY PERIOD
1556-ENDS
1557-, IN WHICH CASE THE COMPACT PRIVILEGE SHALL
1558-CONTINUE
1559-.
1560-PAGE 30-SENATE BILL 24-018 C. DISPUTE RESOLUTION
1561-1. UPON REQUEST BY A PARTICIPATING STATE, THE COMMISSION
1562-SHALL ATTEMPT TO RESOLVE DISPUTES RELATED TO THIS
1563-COMPACT THAT ARISE AMONG PARTICIPATING STATES AND
1564-BETWEEN PARTICIPATING AND NON
1565--PARTICIPATING STATES.
1566-2. T
1567-HE COMMISSION SHALL PROMULGATE A RULE PROVIDING
1568-FOR BOTH MEDIATION AND BINDING DISPUTE RESOLUTION FOR
1569-DISPUTES AS APPROPRIATE
1570-.
1571-D. E
1572-NFORCEMENT
1573-1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS
1574-DISCRETION
1575-, SHALL ENFORCE THE PROVISIONS OF THIS
1576-COMPACT AND RULES OF THE COMMISSION.
1577-2. I
1578-F COMPLIANCE IS NOT SECURED AFTER ALL MEANS TO SECURE
1579-COMPLIANCE HAVE BEEN EXHAUSTED
1580-, BY MAJORITY VOTE,
1581-THE COMMISSION MAY INITIATE LEGAL ACTION IN THE UNITED
1582-STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR
1583-THE FEDERAL DISTRICT WHERE THE
1584-COMMISSION HAS ITS
1585-PRINCIPAL OFFICES
1586-, AGAINST A PARTICIPATING STATE IN
1587-DEFAULT TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF
1588-THIS
1589-COMPACT AND THE COMMISSION'S PROMULGATED RULES
1590-AND BYLAWS
1591-. THE RELIEF SOUGHT MAY INCLUDE BOTH
1592-INJUNCTIVE RELIEF AND DAMAGES
1593-. IN THE EVENT JUDICIAL
1594-ENFORCEMENT IS NECESSARY
1595-, THE PREVAILING PARTY SHALL
1596-BE AWARDED ALL COSTS OF SUCH LITIGATION
1597-, INCLUDING
1598-REASONABLE ATTORNEY
1599-'S FEES.
1600-3. T
1601-HE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE
1602-REMEDIES OF THE
1603-COMMISSION. THE COMMISSION MAY
1604-PURSUE ANY OTHER REMEDIES AVAILABLE UNDER FEDERAL OR
1605-STATE LAW.
1606-E. L
1607-EGAL ACTION AGAINST THE COMMISSION
1608-1. A PARTICIPATING STATE MAY INITIATE LEGAL ACTION
1609-AGAINST THE
1610-COMMISSION IN THE UNITED STATES DISTRICT
1611-PAGE 31-SENATE BILL 24-018 COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL
1612-DISTRICT WHERE THE
1613-COMMISSION HAS ITS PRINCIPAL OFFICES
1614-TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THE
1615-COMPACT AND ITS RULES. THE RELIEF SOUGHT MAY INCLUDE
1616-BOTH INJUNCTIVE RELIEF AND DAMAGES
1617-. IN THE EVENT
1618-JUDICIAL ENFORCEMENT IS NECESSARY
1619-, THE PREVAILING
1620-PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION
1621-,
1622-INCLUDING REASONABLE ATTORNEY 'S FEES.
1623-2. N
1624-O PERSON OTHER THAN A PARTICIPATING STATE SHALL
1625-ENFORCE THIS
1626-COMPACT AGAINST THE COMMISSION.
1627-Section 11. Date of Implementation of the
1628-PA Licensure Compact Commission
1629-A. T
1630-HIS COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH
1631-THIS
1632-COMPACT STATUTE IS ENACTED INTO LAW IN THE SEVENTH
1633-PARTICIPATING STATE.
1634-1. O
1635-N OR AFTER THE EFFECTIVE DATE OF THIS COMPACT, THE
1636-COMMISSION SHALL CONVENE AND REVIEW THE ENACTMENT
1637-OF EACH OF THE
1638-STATES THAT ENACTED THIS COMPACT PRIOR
1639-TO THE
1640-COMMISSION CONVENING ("CHARTER PARTICIPATING
1641-STATES") TO DETERMINE IF THE STATUTE ENACTED BY EACH
1642-SUCH
1643-CHARTER PARTICIPATING STATE IS MATERIALLY
1644-DIFFERENT THAN THE
1645-MODEL COMPACT.
1646-a. A
1647- CHARTER PARTICIPATING STATE WHOSE
1648-ENACTMENT IS FOUND TO BE MATERIALLY DIFFERENT
1649-FROM THE
1650-MODEL COMPACT SHALL BE ENTITLED TO
1651-THE DEFAULT PROCESS SET FORTH IN
1652-SECTION 10.B OF
1653-THIS
1654-COMPACT.
1655-b. I
1656-F ANY PARTICIPATING STATE LATER WITHDRAWS
1657-FROM THE
1658-COMPACT OR ITS PARTICIPATION IS
1659-TERMINATED
1660-, THE COMMISSION SHALL REMAIN IN
1661-EXISTENCE AND THE
1662-COMPACT SHALL REMAIN IN
1663-EFFECT EVEN IF THE NUMBER OF
1664-PARTICIPATING
1665-STATES SHOULD BE LESS THAN SEVEN. PARTICIPATING
1666-STATES ENACTING THE COMPACT SUBSEQUENT TO THE
1667-PAGE 32-SENATE BILL 24-018 COMMISSION CONVENING SHALL BE SUBJECT TO THE
1668-PROCESS SET FORTH IN
1669-SECTION 7.C.21 OF THIS
1670-COMPACT TO DETERMINE IF THEIR ENACTMENTS ARE
1671-MATERIALLY DIFFERENT FROM THE
1672-MODEL COMPACT
1673-AND WHETHER THEY QUALIFY FOR PARTICIPATION IN
1674-THE
1675-COMPACT.
1676-2. P
1677-ARTICIPATING STATES ENACTING THIS COMPACT
1678-SUBSEQUENT TO THE SEVEN INITIAL
1679-CHARTER PARTICIPATING
1680-STATES SHALL BE SUBJECT TO THE PROCESS SET FORTH IN
1681-SECTION 7.C.21 OF THIS COMPACT TO DETERMINE IF THEIR
1682-ENACTMENTS ARE MATERIALLY DIFFERENT FROM THE
1683-MODEL
1684-COMPACT AND WHETHER THEY QUALIFY FOR PARTICIPATION
1685-IN THE
1686-COMPACT.
1687-3. A
1688-LL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION
1689-OR IN FURTHERANCE OF THE PURPOSES OF THE
1690-ADMINISTRATION OF THIS
1691-COMPACT PRIOR TO THE EFFECTIVE
1692-DATE OF THIS
1693-COMPACT OR THE COMMISSION COMING INTO
1694-EXISTENCE SHALL BE CONSIDERED TO BE ACTIONS OF THE
1695-COMMISSION UNLESS SPECIFICALLY REPUDIATED BY THE
1696-COMMISSION.
1697-B. A
1698-NY STATE THAT JOINS THIS COMPACT SHALL BE SUBJECT TO THE
1699-COMMISSION'S RULES AND BYLAWS AS THEY EXIST ON THE DATE ON
1700-WHICH THIS
1701-COMPACT BECOMES LAW IN THAT STATE. ANY RULE
1702-THAT HAS BEEN PREVIOUSLY ADOPTED BY THE
1703-COMMISSION SHALL
1704-HAVE THE FULL FORCE AND EFFECT OF LAW ON THE DAY THIS
1705-COMPACT BECOMES LAW IN THAT STATE.
1706-C. A
1707-NY PARTICIPATING STATE MAY WITHDRAW FROM THIS COMPACT BY
1708-ENACTING A STATUTE REPEALING THE SAME
1709-.
1710-1. A
1711- PARTICIPATING STATE'S WITHDRAWAL SHALL NOT TAKE
1712-EFFECT UNTIL ONE HUNDRED EIGHTY
1713-(180) DAYS AFTER
1714-ENACTMENT OF THE REPEALING STATUTE
1715-. DURING THIS ONE
1716-HUNDRED EIGHTY
1717-(180)-DAY PERIOD, ALL COMPACT
1718-PRIVILEGES THAT WERE IN EFFECT IN THE WITHDRAWING
1719-STATE AND WERE GRANTED TO LICENSEES LICENSED IN THE
1720-WITHDRAWING
1721-STATE SHALL REMAIN IN EFFECT . IF ANY
1722-PAGE 33-SENATE BILL 24-018 LICENSEE LICENSED IN THE WITHDRAWING STATE IS ALSO
1723-LICENSED IN ANOTHER
1724-PARTICIPATING STATE OR OBTAINS A
1725-LICENSE IN ANOTHER
1726-PARTICIPATING STATE WITHIN THE ONE
1727-HUNDRED EIGHTY
1728-(180) DAYS, THE LICENSEE'S COMPACT
1729-PRIVILEGES IN OTHER PARTICIPATING STATES SHALL NOT BE
1730-AFFECTED BY THE PASSAGE OF THE ONE HUNDRED EIGHTY
1731-(180) DAYS.
1732-2. W
1733-ITHDRAWAL SHALL NOT AFFECT THE CONTINUING
1734-REQUIREMENT OF THE
1735-STATE LICENSING BOARD(S) OF THE
1736-WITHDRAWING
1737-STATE TO COMPLY WITH THE INVESTIGATIVE
1738-AND
1739-ADVERSE ACTION REPORTING REQUIREMENTS OF THIS
1740-COMPACT PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL .
1741-3. U
1742-PON THE ENACTMENT OF A STATUTE WITHDRAWING A STATE
1743-FROM THIS
1744-COMPACT, THE STATE SHALL IMMEDIATELY
1745-PROVIDE NOTICE OF SUCH WITHDRAWAL TO ALL
1746-LICENSEES
1747-WITHIN THAT
1748-STATE. SUCH WITHDRAWING STATE SHALL
1749-CONTINUE TO RECOGNIZE ALL LICENSES GRANTED PURSUANT
1750-TO THIS
1751-COMPACT FOR A MINIMUM OF ONE HUNDRED EIGHTY
1752-(180) DAYS AFTER THE DATE OF SUCH NOTICE OF
1753-WITHDRAWAL
1754-.
1755-D. N
1756-OTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO
1757-INVALIDATE OR PREVENT ANY
1758-PA LICENSURE AGREEMENT OR OTHER
1759-COOPERATIVE ARRANGEMENT BETWEEN
1760-PARTICIPATING STATES AND
1761-BETWEEN A
1762-PARTICIPATING STATE AND NON-PARTICIPATING STATE
1763-THAT DOES NOT CONFLICT WITH THE PROVISIONS OF THIS
1764-COMPACT.
1765-E. T
1766-HIS COMPACT MAY BE AMENDED BY THE PARTICIPATING STATES.
1767-N
1768-O AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND
1769-BINDING UPON ANY
1770-PARTICIPATING STATE UNTIL IT IS ENACTED
1771-MATERIALLY IN THE SAME MANNER INTO THE LAWS OF ALL
1772-PARTICIPATING STATES AS DETERMINED BY THE COMMISSION.
1773-Section 12. Construction and Severability
1774-A. T
1775-HIS COMPACT AND THE COMMISSION'S RULEMAKING AUTHORITY
1776-SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE
1777-PURPOSES
1778-, AND THE IMPLEMENTATION AND ADMINISTRATION OF THIS
1779-PAGE 34-SENATE BILL 24-018 COMPACT. PROVISIONS OF THIS COMPACT EXPRESSLY AUTHORIZING
1780-OR REQUIRING THE PROMULGATION OF
1781-RULES SHALL NOT BE
1782-CONSTRUED TO LIMIT THE
1783-COMMISSION'S RULEMAKING AUTHORITY
1784-SOLELY FOR THOSE PURPOSES
1785-.
1786-B. T
1787-HE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE AND IF ANY
1788-PHRASE
1789-, CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT IS
1790-HELD BY A COURT OF COMPETENT JURISDICTION TO BE CONTRARY TO
1791-THE CONSTITUTION OF ANY
1792-PARTICIPATING STATE, A STATE SEEKING
1793-PARTICIPATION IN THIS
1794-COMPACT, OR OF THE UNITED STATES, OR THE
1795-APPLICABILITY THEREOF TO ANY GOVERNMENT
1796-, AGENCY, PERSON, OR
1797-CIRCUMSTANCE IS HELD TO BE UNCONSTITUTIONAL BY A COURT OF
1798-COMPETENT JURISDICTION
1799-, THE VALIDITY OF THE REMAINDER OF THIS
1800-COMPACT AND THE APPLICABILITY THEREOF TO ANY OTHER
1801-GOVERNMENT
1802-, AGENCY, PERSON, OR CIRCUMSTANCE SHALL NOT BE
1803-AFFECTED THEREBY
1804-.
1805-C. N
1806-OTWITHSTANDING SUBSECTION B OF THIS SECTION , THE
1807-COMMISSION MAY DENY A STATE'S PARTICIPATION IN THE COMPACT
1808-OR
1809-, IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 10.B OF
1810-THIS
1811-COMPACT, TERMINATE A PARTICIPATING STATE'S
1812-PARTICIPATION IN THE
1813-COMPACT, IF IT DETERMINES THAT A
1814-CONSTITUTIONAL REQUIREMENT OF A
1815-PARTICIPATING STATE IS, OR
1816-WOULD BE WITH RESPECT TO A
1817-STATE SEEKING TO PARTICIPATE IN
1818-THIS
1819-COMPACT, A MATERIAL DEPARTURE FROM THE COMPACT.
1820-O
1821-THERWISE, IF THIS COMPACT SHALL BE HELD TO BE CONTRARY TO
1822-THE CONSTITUTION OF ANY
1823-PARTICIPATING STATE, THIS COMPACT
1824-SHALL REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING
1825-PARTICIPATING STATES AND IN FULL FORCE AND EFFECT AS TO THE
1826-PARTICIPATING STATE AFFECTED AS TO ALL SEVERABLE MATTERS .
1827-Section 13. Binding Effect of Compact
1828-A. N
1829-OTHING HEREIN PREVENTS THE ENFORCEMENT OF ANY OTHER LAW
1830-OF A
1831-PARTICIPATING STATE THAT IS NOT INCONSISTENT WITH THIS
1832-COMPACT.
1833-B. A
1834-NY LAWS IN A PARTICIPATING STATE IN CONFLICT WITH THIS
1835-COMPACT ARE SUPERSEDED TO THE EXTENT OF THE CONFLICT .
1836-PAGE 35-SENATE BILL 24-018 C. ALL AGREEMENTS BETWEEN THE COMMISSION AND THE
1837-PARTICIPATING STATES ARE BINDING IN ACCORDANCE WITH THEIR
1838-TERMS
1839-.
1840-24-60-4703. Notice to revisor of statutes - effective date of
1708+ARTICIPATING STATES ARE BINDING IN ACCORDANCE WITH THEIR11
1709+TERMS.12
1710+24-60-4503. Notice to revisor of statutes - effective date of13
18411711 compact. T
1842-HIS PART 47 TAKES EFFECT ON THE DATE THIS COMPACT IS
1843-ENACTED INTO LAW IN THE SEVENTH COMPACT STATE
1844-. THE DIRECTOR OF THE
1845-DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF
1846-REGULATORY AGENCIES SHALL NOTIFY THE REVISOR OF STATUTES IN
1847-WRITING WHEN THE CONDITION SPECIFIED IN THIS SECTION HAS OCCURRED
1848-BY E
1849--MAILING THE NOTICE TO REVISOROFSTATUTES .GA@COLEG.GOV. THIS
1850-PART
1851-47 TAKES EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE THAT THE
1852-COMPACT IS ENACTED INTO LAW IN THE SEVENTH COMPACT STATE OR UPON
1853-THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES IF THE NOTICE DOES
1854-NOT SPECIFY A DIFFERENT DATE
1855-.
1856-SECTION 2. In Colorado Revised Statutes, add 12-240-146 as
1857-follows:
1858-12-240-146. Interstate compact - powers and duties of the board
1859-- rules - definitions. (1) A
1860-S USED IN THIS SECTION:
1861-(a) "A
1862-DVERSE ACTION" HAS THE MEANING SET FORTH IN SECTION
1863-24-60-4702.
1712+HIS PART 45 TAKES EFFECT ON THE DATE THIS COMPACT IS14
1713+ENACTED INTO LAW IN THE SEVENTH COMPACT STATE . THE DIRECTOR OF15
1714+THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF16
1715+REGULATORY AGENCIES SHALL NOTIFY THE REVISOR OF STATUTES IN17
1716+WRITING WHEN THE CONDITION SPECIFIED IN THIS SECTION HAS OCCURRED18
1717+BY E-MAILING THE NOTICE TO REVISOROFSTATUTES .GA@COLEG.GOV. THIS19
1718+PART 45 TAKES EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE THAT20
1719+THE COMPACT IS ENACTED INTO LAW IN THE SEVENTH COMPACT STATE OR21
1720+UPON THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES IF THE22
1721+NOTICE DOES NOT SPECIFY A DIFFERENT DATE . 23
1722+SECTION 2. In Colorado Revised Statutes, add 12-240-146 as24
1723+follows:25
1724+12-240-146. Interstate compact - powers and duties of the26
1725+board - rules - definitions. (1) A
1726+S USED IN THIS SECTION:27
1727+018
1728+-45- (a) "ADVERSE ACTION" HAS THE MEANING SET FORTH IN SECTION1
1729+24-60-4502.2
18641730 (b) "C
1865-OMMISSION" MEANS THE PA LICENSURE COMPACT COMMISSION
1866-CREATED IN SECTION
1867-24-60-4702.
1731+OMMISSION" MEANS THE PA LICENSURE COMPACT3
1732+COMMISSION CREATED IN SECTION 24-60-4502.4
18681733 (c) "C
1869-OMPACT" MEANS THE PHYSICIAN ASSISTANT LICENSURE
1870-COMPACT AUTHORIZED IN PART
1871-47 OF ARTICLE 60 OF TITLE 24.
1734+OMPACT" MEANS THE PHYSICIAN ASSISTANT LICENSURE5
1735+COMPACT AUTHORIZED IN PART 45 OF ARTICLE 60 OF TITLE 24.6
18721736 (d) "C
1873-OMPACT PRIVILEGE" HAS THE MEANING SET FORTH IN SECTION
1874-24-60-4702.
1737+OMPACT PRIVILEGE" HAS THE MEANING SET FORTH IN7
1738+SECTION 24-60-4502.8
18751739 (e) "D
1876-ATA SYSTEM" HAS THE MEANING SET FORTH IN SECTION
1877-24-60-4702.
1740+ATA SYSTEM" HAS THE MEANING SET FORTH IN SECTION9
1741+24-60-4502.10
18781742 (f) "I
1879-NVESTIGATIVE INFORMATION" HAS THE MEANING SET FORTH IN
1880-SECTION
1881-24-60-4702.
1882-PAGE 36-SENATE BILL 24-018 (g) "LICENSEE" HAS THE MEANING SET FORTH IN SECTION
1883-24-60-4702.
1743+NVESTIGATIVE INFORMATION" HAS THE MEANING SET FORTH11
1744+IN SECTION 24-60-4502.12
1745+(g) "L
1746+ICENSEE" HAS THE MEANING SET FORTH IN SECTION13
1747+24-60-4502.14
18841748 (h) "L
1885-ICENSING BOARD" HAS THE MEANING SET FORTH IN SECTION
1886-24-60-4702.
1749+ICENSING BOARD" HAS THE MEANING SET FORTH IN SECTION15
1750+24-60-4502.16
18871751 (i) "M
18881752 EDICAL SERVICES" HAS THE MEANING SET FORTH IN SECTION
1889-24-60-4702.
1890-(j) "P
1891-ARTICIPATING STATE" MEANS A STATE THAT HAS ENACTED THE
1892-COMPACT
1893-.
1894-(k) "S
1895-IGNIFICANT INVESTIGATIVE INFORMATION " HAS THE MEANING
1896-SET FORTH IN SECTION
1897-24-60-4702.
1753+17
1754+24-60-4502.18
1755+(j) "PARTICIPATING STATE" MEANS A STATE THAT HAS ENACTED19
1756+THE COMPACT.20
1757+(k) "SIGNIFICANT INVESTIGATIVE INFORMATION " HAS THE21
1758+MEANING SET FORTH IN SECTION 24-60-4502.22
18981759 (2) I
1899-N ADDITION TO ANY POWERS AND DUTIES SPECIFIED IN THE
1900-COMPACT FOR PARTICIPATING STATES
1901-, THE BOARD HAS THE FOLLOWING
1902-POWERS AND DUTIES WITH REGARD TO THE COMPACT
1903-:
1760+N ADDITION TO ANY POWERS AND DUTIES SPECIFIED IN THE23
1761+COMPACT FOR PARTICIPATING STATES , THE BOARD HAS THE FOLLOWING24
1762+POWERS AND DUTIES WITH REGARD TO THE COMPACT :25
19041763 (a) T
1905-O FACILITATE COLORADO'S PARTICIPATION IN THE COMPACT;
1764+O FACILITATE COLORADO'S PARTICIPATION IN THE COMPACT;26
19061765 (b) T
1907-O COMPLY WITH THE RULES OF THE COMMISSION ;
1908-(c) T
1909-O PROMULGATE RULES IN ACCORDANCE WITH ARTICLE 4 OF
1910-TITLE
1911-24 AS NECESSARY FOR THE IMPLEMENTATION , ADMINISTRATION, AND
1912-ENFORCEMENT OF THE COMPACT
1913-;
1766+O COMPLY WITH THE RULES OF THE COMMISSION ;27
1767+018
1768+-46- (c) TO PROMULGATE RULES IN ACCORDANCE WITH ARTICLE 4 OF1
1769+TITLE 24 AS NECESSARY FOR THE IMPLEMENTATION , ADMINISTRATION,2
1770+AND ENFORCEMENT OF THE COMPACT ;3
19141771 (d) T
1915-O APPOINT A PERSON TO SERVE AS A DELEGATE ON AND ATTEND
1916-MEETINGS OF THE COMMISSION IN ACCORDANCE WITH THE TERMS OF THE
1917-COMPACT
1918-;
1772+O APPOINT A PERSON TO SERVE AS A DELEGATE ON AND4
1773+ATTEND MEETINGS OF THE COMMISSION IN ACCORDANCE WITH THE TERMS5
1774+OF THE COMPACT;6
19191775 (e) T
1920-O NOTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS OF
1921-THE COMPACT AND COMMISSION RULES
1922-, OF ANY ADVERSE ACTION OR THE
1923-AVAILABILITY OF SIGNIFICANT INVESTIGATIVE INFORMATION REGARDING A
1924-LICENSEE
1925-;
1776+O NOTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS7
1777+OF THE COMPACT AND COMMISSION RULES , OF ANY ADVERSE ACTION OR8
1778+THE AVAILABILITY OF SIGNIFICANT INVESTIGATIVE INFORMATION9
1779+REGARDING A LICENSEE;10
19261780 (f) T
1927-O REQUIRE A LICENSEE TO SUBMIT TO A FINGERPRINT -BASED
1928-CRIMINAL HISTORY RECORD CHECK IN ACCORDANCE WITH THE FOLLOWING
1929-:
1781+O REQUIRE A LICENSEE TO SUBMIT TO A FINGERPRINT -BASED11
1782+CRIMINAL HISTORY RECORD CHECK IN ACCORDANCE WITH THE12
1783+FOLLOWING:13
19301784 (I) T
1931-HE APPLICANT MUST PAY THE COSTS ASSOCIATED WITH THE
1932-PAGE 37-SENATE BILL 24-018 FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK ;
1785+HE APPLICANT MUST PAY THE COSTS ASSOCIATED WITH THE14
1786+FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK ;15
19331787 (II) A
1934-FTER SUBMITTING AN APPLICATION FOR A COMPACT PRIVILEGE ,
1935-THE APPLICANT SHALL HAVE THE APPLICANT 'S FINGERPRINTS TAKEN BY A
1936-LOCAL LAW ENFORCEMENT AGENCY OR ANY THIRD PARTY APPROVED BY THE
1937-COLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF OBTAINING A
1938-FINGERPRINT
1939--BASED CRIMINAL HISTORY RECORD CHECK . THE APPLICANT
1940-SHALL AUTHORIZE THE ENTITY TAKING THE APPLICANT
1941-'S FINGERPRINTS TO
1942-SUBMIT
1943-, AND THE ENTITY SHALL SUBMIT , THE COMPLETE SET OF THE
1944-APPLICANT
1945-'S FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION
1946-FOR THE PURPOSE OF CONDUCTING A FINGERPRINT
1947--BASED CRIMINAL HISTORY
1948-RECORD CHECK
1949-.
1788+FTER SUBMITTING AN APPLICATION FOR A COMPACT16
1789+PRIVILEGE, THE APPLICANT SHALL HAVE THE APPLICANT 'S FINGERPRINTS17
1790+TAKEN BY A LOCAL LAW ENFORCEMENT AGENCY OR ANY THIRD PARTY18
1791+APPROVED BY THE COLORADO BUREAU OF INVESTIGATION FOR THE19
1792+PURPOSE OF OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD20
1793+CHECK. THE APPLICANT SHALL AUTHORIZE THE ENTITY TAKING THE21
1794+APPLICANT'S FINGERPRINTS TO SUBMIT, AND THE ENTITY SHALL SUBMIT,22
1795+THE COMPLETE SET OF THE APPLICANT'S FINGERPRINTS TO THE COLORADO23
1796+BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A24
1797+FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK .25
19501798 (III) I
1951-F AN APPROVED THIRD PARTY TAKES THE PERSON 'S
1952-FINGERPRINTS
1953-, THE FINGERPRINTS MAY BE ELECTRONICALLY CAPTURED
1954-USING
1955-COLORADO BUREAU OF INVESTIGATION -APPROVED LIVESCAN
1956-EQUIPMENT
1957-. THIRD-PARTY VENDORS SHALL NOT KEEP THE APPLICANT 'S
1958-INFORMATION FOR MORE THAN THIRTY DAYS
1959-.
1799+F AN APPROVED THIRD PARTY TAKES THE PERSON 'S26
1800+FINGERPRINTS, THE FINGERPRINTS MAY BE ELECTRONICALLY CAPTURED27
1801+018
1802+-47- USING COLORADO BUREAU OF INVESTIGATION -APPROVED LIVESCAN1
1803+EQUIPMENT. THIRD-PARTY VENDORS SHALL NOT KEEP THE APPLICANT 'S2
1804+INFORMATION FOR MORE THAN THIRTY DAYS .3
19601805 (IV) T
1961-HE COLORADO BUREAU OF INVESTIGATION SHALL USE THE
1962-APPLICANT
1963-'S FINGERPRINTS TO CONDUCT A CRIMINAL HISTORY RECORD
1964-CHECK USING THE BUREAU
1965-'S RECORDS. THE COLORADO BUREAU OF
1966-INVESTIGATION SHALL ALSO FORWARD THE FINGERPRINTS TO THE FEDERAL
1967-BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A
1968-FINGERPRINT
1969--BASED CRIMINAL HISTORY RECORD CHECK . THE COLORADO
1970-BUREAU OF INVESTIGATION
1971-, APPLICANT, BOARD, AND ENTITY TAKING
1972-FINGERPRINTS SHALL COMPLY WITH THE FEDERAL BUREAU OF
1973-INVESTIGATION
1974-'S REQUIREMENTS TO CONDUCT A CRIMINAL HISTORY RECORD
1975-CHECK
1976-.
1806+HE COLORADO BUREAU OF INVESTIGATION SHALL USE THE4
1807+APPLICANT'S FINGERPRINTS TO CONDUCT A CRIMINAL HISTORY RECORD5
1808+CHECK USING THE BUREAU 'S RECORDS. THE COLORADO BUREAU OF6
1809+INVESTIGATION SHALL ALSO FORWARD THE FINGERPRINTS TO THE FEDERAL7
1810+BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A8
1811+FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE COLORADO9
1812+BUREAU OF INVESTIGATION , APPLICANT, BOARD, AND ENTITY TAKING10
1813+FINGERPRINTS SHALL COMPLY WITH THE FEDERAL BUREAU OF11
1814+INVESTIGATION'S REQUIREMENTS TO CONDUCT A CRIMINAL HISTORY12
1815+RECORD CHECK.13
19771816 (V) T
1978-HE COLORADO BUREAU OF INVESTIGATION SHALL RETURN THE
1979-RESULTS OF ITS CRIMINAL HISTORY RECORD CHECK TO THE BOARD
1980-, AND THE
1981-BOARD IS AUTHORIZED TO RECEIVE THE RESULTS OF THE FEDERAL BUREAU
1982-OF INVESTIGATION
1983-'S CRIMINAL HISTORY RECORD CHECK. THE BOARD SHALL
1984-USE THE INFORMATION RESULTING FROM THE CRIMINAL HISTORY RECORD
1985-CHECKS TO INVESTIGATE AND DETERMINE WHETHER AN APPLICANT IS
1986-QUALIFIED FOR A COMPACT PRIVILEGE
1987-.
1817+HE COLORADO BUREAU OF INVESTIGATION SHALL RETURN14
1818+THE RESULTS OF ITS CRIMINAL HISTORY RECORD CHECK TO THE BOARD ,15
1819+AND THE BOARD IS AUTHORIZED TO RECEIVE THE RESULTS OF THE FEDERAL16
1820+BUREAU OF INVESTIGATION'S CRIMINAL HISTORY RECORD CHECK . THE17
1821+BOARD SHALL USE THE INFORMATION RESULTING FROM THE CRIMINAL18
1822+HISTORY RECORD CHECKS TO INVESTIGATE AND DETERMINE WHETHER AN19
1823+APPLICANT IS QUALIFIED FOR A COMPACT PRIVILEGE .20
19881824 (VI) T
1989-HE RESULTS OF THE RECORD CHECK ARE CONFIDENTIAL . THE
1990-BOARD SHALL NOT RELEASE THE RESULTS OF THE RECORD CHECK TO THE
1991-PAGE 38-SENATE BILL 24-018 PUBLIC, THE COMMISSION, A PARTICIPATING STATE, OR OTHER STATE
1992-LICENSING BOARDS
1993-.
1825+HE RESULTS OF THE RECORD CHECK ARE CONFIDENTIAL . THE21
1826+BOARD SHALL NOT RELEASE THE RESULTS OF THE RECORD CHECK TO THE22
1827+PUBLIC, THE COMMISSION, A PARTICIPATING STATE, OR OTHER STATE23
1828+LICENSING BOARDS.24
19941829 (g) T
1995-O GRANT A COMPACT PRIVILEGE TO A LICENSEE OF A
1996-PARTICIPATING STATE IN ACCORDANCE WITH THE TERMS OF THE COMPACT
1997-AND TO CHARGE A FEE TO INDIVIDUALS APPLYING FOR THE COMPACT
1998-PRIVILEGE
1999-;
1830+O GRANT A COMPACT PRIVILEGE TO A LICENSEE OF A25
1831+PARTICIPATING STATE IN ACCORDANCE WITH THE TERMS OF THE COMPACT26
1832+AND TO CHARGE A FEE TO INDIVIDUALS APPLYING FOR THE COMPACT27
1833+018
1834+-48- PRIVILEGE;1
20001835 (h) T
2001-O PARTICIPATE FULLY IN THE DATA SYSTEM CONSISTENT WITH
2002-THE COMPACT REQUIREMENTS AND THE RULES OF THE COMMISSION
2003-; AND
2004-(i) TO APPROVE PAYMENT OF ASSESSMENTS LEVIED BY THE
2005-COMMISSION TO COVER THE COST OF OPERATIONS AND ACTIVITIES OF THE
2006-COMMISSION AND ITS STAFF
2007-.
1836+O PARTICIPATE FULLY IN THE DATA SYSTEM CONSISTENT WITH2
1837+THE COMPACT REQUIREMENTS AND THE RULES OF THE COMMISSION ; AND3
1838+(i) T
1839+O APPROVE PAYMENT OF ASSESSMENTS LEVIED BY THE4
1840+COMMISSION TO COVER THE COST OF OPERATIONS AND ACTIVITIES OF THE5
1841+COMMISSION AND ITS STAFF.6
20081842 (3) A
20091843 PHYSICIAN ASSISTANT PROVIDING MEDICAL SERVICES TO A
2010-PATIENT IN
2011-COLORADO PURSUANT TO THE COMPACT IS SUBJECT TO THE
2012-REQUIREMENTS OF SECTIONS
2013-12-240-107 (6) AND 12-240-114.5 AND, IF THE
2014-PHYSICIAN ASSISTANT IS PRACTICING PODIATRY
2015-, SECTION 12-290-117.
2016-SECTION 3. Appropriation. (1) For the 2024-25 state fiscal year,
2017-$78,750 is appropriated to the department of regulatory agencies for use by
2018-the division of professions and occupations. This appropriation is from the
2019-division of professions and occupations cash fund created in section
2020-12-20-105 (3), C.R.S. To implement this act, the department may use this
2021-appropriation as follows:
2022-(a) $34,440 for personal services, which amount is based on an
2023-assumption that the division will require an additional 0.5 FTE;
2024-(b) $9,310 for operating expenses; and
2025-(c) $35,000 for the purchase of information technology services.
2026-(2) For the 2024-25 state fiscal year, $35,000 is appropriated to the
2027-office of the governor for use by the office of information technology. This
2028-appropriation is from reappropriated funds received from the department of
2029-regulatory agencies under subsection (1)(c) of this section. To implement
2030-this act, the office may use this appropriation to provide information
2031-technology services for the department of regulatory agencies.
2032-PAGE 39-SENATE BILL 24-018 SECTION 4. Act subject to petition - effective date. This act
2033-takes effect at 12:01 a.m. on the day following the expiration of the
2034-ninety-day period after final adjournment of the general assembly; except
2035-that, if a referendum petition is filed pursuant to section 1 (3) of article V
2036-of the state constitution against this act or an item, section, or part of this act
2037-within such period, then the act, item, section, or part will not take effect
2038-unless approved by the people at the general election to be held in
2039-November 2024 and, in such case, will take effect on the date of the official
2040-declaration of the vote thereon by the governor.
2041-____________________________ ____________________________
2042-Steve Fenberg
2043-Julie McCluskie
2044-PRESIDENT OF SPEAKER OF THE HOUSE
2045-THE SENATE OF REPRESENTATIVES
2046-____________________________ ____________________________
2047-Cindi L. Markwell Robin Jones
2048-SECRETARY OF CHIEF CLERK OF THE HOUSE
2049-THE SENATE OF REPRESENTATIVES
2050- APPROVED________________________________________
2051- (Date and Time)
2052- _________________________________________
2053- Jared S. Polis
2054- GOVERNOR OF THE STATE OF COLORADO
2055-PAGE 40-SENATE BILL 24-018
1844+7
1845+PATIENT IN COLORADO PURSUANT TO THE COMPACT IS SUBJECT TO THE8
1846+REQUIREMENTS OF SECTIONS 12-240-107 (6) AND 12-240-114.5 AND, IF9
1847+THE PHYSICIAN ASSISTANT IS PRACTICING PODIATRY, SECTION 12-290-117.10
1848+SECTION 3. Appropriation. (1) For the 2024-25 state fiscal11
1849+year, $78,750 is appropriated to the department of regulatory agencies for12
1850+use by the division of professions and occupations. This appropriation is13
1851+from the division of professions and occupations cash fund created in14
1852+section 12-20-105 (3), C.R.S. To implement this act, the department may15
1853+use this appropriation as follows:16
1854+(a) $34,440 for personal services, which amount is based on an17
1855+assumption that the division will require an additional 0.5 FTE;18
1856+(b) $9,310 for operating expenses; and19
1857+(c) $35,000 for the purchase of information technology services.20
1858+(2) For the 2024-25 state fiscal year, $35,000 is appropriated to21
1859+the office of the governor for use by the office of information technology.22
1860+This appropriation is from reappropriated funds received from the23
1861+department of regulatory agencies under subsection (1)(c) of this section.24
1862+To implement this act, the office may use this appropriation to provide25
1863+information technology services for the department of regulatory26
1864+agencies.27
1865+018
1866+-49- SECTION 4. Act subject to petition - effective date. This act1
1867+takes effect at 12:01 a.m. on the day following the expiration of the2
1868+ninety-day period after final adjournment of the general assembly; except3
1869+that, if a referendum petition is filed pursuant to section 1 (3) of article V4
1870+of the state constitution against this act or an item, section, or part of this5
1871+act within such period, then the act, item, section, or part will not take6
1872+effect unless approved by the people at the general election to be held in7
1873+November 2024 and, in such case, will take effect on the date of the8
1874+official declaration of the vote thereon by the governor.9
1875+018
1876+-50-