SENATE BILL 24-018
BY SENATOR(S) Simpson and Michaelson Jenet, Bridges, Buckner,
Cutter, Exum, Fields, Ginal, Jaquez Lewis, Marchman, Pelton B., Pelton R.,
Priola, Will, Winter F., Zenzinger;
also REPRESENTATIVE(S) Amabile and Winter T., Boesenecker,
Bradley, Duran, Frizell, Hamrick, Kipp, Lukens, Rutinel, Titone, Young,
McCluskie.
C
ONCERNING THE ENACTMENT OF THE "PHYSICIAN ASSISTANT LICENSURE
COMPACT", AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add part 47 to article
60 of title 24 as follows:
PART 47
PHYSICIAN ASSISTANT LICENSURE COMPACT
24-60-4701. Short title. T
HE SHORT TITLE OF THIS PART 47 IS THE
"PHYSICIAN ASSISTANT LICENSURE COMPACT".
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 24-60-4702. Compact approved and ratified. T HE GENERAL
ASSEMBLY APPROVES AND RATIFIES
, AND THE GOVERNOR SHALL ENTER INTO,
A COMPACT ON BEHALF OF THE STATE OF COLORADO AND ANY OF THE
UNITED STATES OR OTHER JURISDICTIONS LEGALLY JOINING THE COMPACT
IN THE FORM SUBSTANTIALLY AS FOLLOWS
:
Section 1. Purpose
I
N ORDER TO STRENGTHEN ACCESS TO MEDICAL SERVICES, AND IN
RECOGNITION OF ADVANCES IN THE DELIVERY OF
MEDICAL SERVICES, THE
PARTICIPATING STATES OF THE PA LICENSURE COMPACT HAVE ALLIED IN
COMMON PURPOSE TO DEVELOP A COMPREHENSIVE PROCESS THAT
COMPLEMENTS THE EXISTING AUTHORITY OF
STATE LICENSING BOARDS TO
LICENSE AND DISCIPLINE
PAS AND SEEKS TO ENHANCE THE PORTABILITY OF
A
LICENSE TO PRACTICE AS A PA WHILE SAFEGUARDING THE SAFETY OF
PATIENTS
. THIS COMPACT ALLOWS MEDICAL SERVICES TO BE PROVIDED BY
PAS, VIA THE MUTUAL RECOGNITION OF THE LICENSEE'S QUALIFYING
LICENSE BY OTHER COMPACT PARTICIPATING STATES. THIS COMPACT ALSO
ADOPTS THE PREVAILING STANDARD FOR
PA LICENSURE AND AFFIRMS THAT
THE PRACTICE AND DELIVERY OF
MEDICAL SERVICES BY THE PA OCCURS
WHERE THE PATIENT IS LOCATED AT THE TIME OF THE PATIENT ENCOUNTER
,
AND THEREFORE REQUIRES THE PA TO BE UNDER THE JURISDICTION OF THE
STATE LICENSING BOARD WHERE THE PATIENT IS LOCATED . STATE
LICENSING BOARDS THAT PARTICIPATE IN THIS COMPACT RETAIN THE
JURISDICTION TO IMPOSE
ADVERSE ACTION AGAINST A COMPACT PRIVILEGE
IN THAT
STATE ISSUED TO A PA THROUGH THE PROCEDURES OF THIS
COMPACT. THE PA LICENSURE COMPACT WILL ALLEVIATE BURDENS FOR
MILITARY FAMILIES BY ALLOWING ACTIVE DUTY MILITARY PERSONNEL AND
THEIR SPOUSES TO OBTAIN A
COMPACT PRIVILEGE BASED ON HAVING AN
UNRESTRICTED
LICENSE IN GOOD STANDING FROM A PARTICIPATING STATE.
Section 2. Definitions
I
N THIS COMPACT:
A. "A
DVERSE ACTION" MEANS ANY ADMINISTRATIVE, CIVIL, EQUITABLE,
OR CRIMINAL ACTION PERMITTED BY A STATE'S LAWS WHICH IS
IMPOSED BY A
LICENSING BOARD OR OTHER AUTHORITY AGAINST A
PA LICENSE OR LICENSE APPLICATION OR COMPACT PRIVILEGE SUCH
AS
LICENSE DENIAL, CENSURE, REVOCATION, SUSPENSION,
PAGE 2-SENATE BILL 24-018 PROBATION, MONITORING OF THE LICENSEE, OR RESTRICTION ON THE
LICENSEE'S PRACTICE.
B. "C
OMPACT PRIVILEGE" MEANS THE AUTHORIZATION GRANTED BY A
REMOTE STATE TO ALLOW A LICENSEE FROM ANOTHER
PARTICIPATING STATE TO PRACTICE AS A PA TO PROVIDE MEDICAL
SERVICES AND OTHER LICENSED ACTIVITY TO A PATIENT LOCATED IN
THE
REMOTE STATE UNDER THE REMOTE STATE'S LAWS AND
REGULATIONS
.
C. "C
ONVICTION" MEANS A FINDING BY A COURT THAT AN INDIVIDUAL
IS GUILTY OF A FELONY OR MISDEMEANOR OFFENSE THROUGH
ADJUDICATION OR ENTRY OF A PLEA OF GUILT OR NO CONTEST TO THE
CHARGE BY THE OFFENDER
.
D. "C
RIMINAL BACKGROUND CHECK" MEANS THE SUBMISSION OF
FINGERPRINTS OR OTHER BIOMETRIC
-BASED INFORMATION FOR A
LICENSE APPLICANT FOR THE PURPOSE OF OBTAINING THAT
APPLICANT
'S CRIMINAL HISTORY RECORD INFORMATION , AS DEFINED
IN
28 CFR 20.3 (d), FROM THE STATE'S CRIMINAL HISTORY RECORD
REPOSITORY AS DEFINED IN
28 CFR 20.3 (f).
E. "D
ATA SYSTEM" MEANS THE REPOSITORY OF INFORMATION ABOUT
LICENSEES, INCLUDING BUT NOT LIMITED TO LICENSE STATUS AND
ADVERSE ACTIONS, WHICH IS CREATED AND ADMINISTERED UNDER
THE TERMS OF THIS
COMPACT.
F. "E
XECUTIVE COMMITTEE" MEANS A GROUP OF DIRECTORS AND EX
OFFICIO INDIVIDUALS ELECTED OR APPOINTED PURS UANT TO
SECTION
7.F.2.
G. "I
MPAIRED PRACTITIONER" MEANS A PA WHOSE PRACTICE IS
ADVERSELY AFFECTED BY HEALTH
-RELATED CONDITION(S) THAT
IMPACT THEIR ABILITY TO PRACTICE
.
H. "I
NVESTIGATIVE INFORMATION" MEANS INFORMATION, RECORDS, OR
DOCUMENTS RECEIVED OR GENERATED BY A
LICENSING BOARD
PURSUANT TO AN INVESTIGATION
.
I. "J
URISPRUDENCE REQUIREMENT" MEANS THE ASSESSMENT OF AN
PAGE 3-SENATE BILL 24-018 INDIVIDUAL'S KNOWLEDGE OF THE LAWS AND RULES GOVERNING THE
PRACTICE OF A
PA IN A STATE.
J. "L
ICENSE" MEANS CURRENT AUTHORIZATION BY A STATE, OTHER
THAN AUTHORIZATION PURSUANT TO A
COMPACT PRIVILEGE, FOR A
PA TO PROVIDE MEDICAL SERVICES, WHICH WOULD BE UNLAWFUL
WITHOUT CURRENT AUTHORIZATION
.
K. "L
ICENSEE" MEANS AN INDIVIDUAL WHO HOLDS A LICENSE FROM A
STATE TO PROVIDE MEDICAL SERVICES AS A PA.
L. "L
ICENSING BOARD" MEANS ANY STATE ENTITY AUTHORIZED TO
LICENSE AND OTHERWISE REGULATE
PAS.
M. "M
EDICAL SERVICES" MEANS HEALTH CARE SERVICES PROVIDED FOR
THE DIAGNOSIS
, PREVENTION, TREATMENT, CURE, OR RELIEF OF A
HEALTH CONDITION
, INJURY, OR DISEASE, AS DEFINED BY A STATE'S
LAWS AND REGULATIONS
.
N. "M
ODEL COMPACT" MEANS THE MODEL FOR THE PA LICENSURE
COMPACT ON FILE WITH THE COUNCIL OF STATE GOVERNMENTS OR
OTHER ENTITY AS DESIGNATED BY THE
COMMISSION.
O. "P
ARTICIPATING STATE" MEANS A STATE THAT HAS ENACTED THIS
COMPACT.
P. "PA"
MEANS AN INDIVIDUAL WHO IS LICENSED AS A PHYSICIAN
ASSISTANT IN A
STATE. FOR PURPOSES OF THIS COMPACT, ANY OTHER
TITLE OR STATUS ADOPTED BY A
STATE TO REPLACE THE TERM
"PHYSICIAN ASSISTANT" SHALL BE DEEMED SYNONYMOUS WITH
"PHYSICIAN ASSISTANT" AND SHALL CONFER THE SAME RIGHTS AND
RESPONSIBILITIES TO THE
LICENSEE UNDER THE PROVISIONS OF THIS
COMPACT AT THE TIME OF ITS ENACTMENT .
Q. "PA
LICENSURE COMPACT COMMISSION," "COMPACT COMMISSION,"
OR "COMMISSION" MEANS THE NATIONAL ADMINISTRATIVE BODY
CREATED PURSUANT TO
SECTION 7.A OF THIS COMPACT.
R. "Q
UALIFYING LICENSE" MEANS AN UNRESTRICTED LICENSE ISSUED
BY A
PARTICIPATING STATE TO PROVIDE MEDICAL SERVICES AS A
PAGE 4-SENATE BILL 24-018 PA.
S. "R
EMOTE STATE" MEANS A PARTICIPATING STATE WHERE A
LICENSEE WHO IS NOT LICENSED AS A PA IS EXERCISING OR SEEKING
TO EXERCISE THE
COMPACT PRIVILEGE.
T. "R
ULE" MEANS A REGULATION PROMULGATED BY AN ENTITY THAT
HAS THE FORCE AND EFFECT OF LAW
.
U. "S
IGNIFICANT INVESTIGATIVE INFORMATION" MEANS INVESTIGATIVE
INFORMATION THAT A LICENSING BOARD, AFTER AN INQUIRY OR
INVESTIGATION THAT INCLUDES NOTIFICATION AND AN OPPORTUNITY
FOR THE
PA TO RESPOND IF REQUIRED BY STATE LAW, HAS REASON
TO BELIEVE IS NOT GROUNDLESS AND
, IF PROVEN TRUE, WOULD
INDICATE MORE THAN A MINOR INFRACTION
.
V. "S
TATE" MEANS ANY STATE , COMMONWEALTH , DISTRICT, OR
TERRITORY OF THE
UNITED STATES.
Section 3. State Participation in this Compact
A. T
O PARTICIPATE IN THIS COMPACT, A PARTICIPATING STATE SHALL:
1. L
ICENSE PAS;
2. P
ARTICIPATE IN THE COMPACT COMMISSION'S DATA SYSTEM;
3. H
AVE A MECHANISM IN PLACE FOR RECEIVING AND
INVESTIGATING COMPLAINTS AGAINST
LICENSEES AND
LICENSE APPLICANTS;
4. N
OTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS
OF THIS
COMPACT AND COMMISSION RULES, OF ANY ADVERSE
ACTION AGAINST A LICENSEE OR LICENSE APPLICANT AND
THE EXISTENCE OF
SIGNIFICANT INVESTIGATIVE INFORMATION
REGARDING A
LICENSEE OR LICENSE APPLICANT;
5. F
ULLY IMPLEMENT A CRIMINAL BACKGROUND CHECK
REQUIREMENT
, WITHIN A TIME FRAME ESTABLISHED BY
COMMISSION RULE, BY ITS LICENSING BOARD RECEIVING THE
PAGE 5-SENATE BILL 24-018 RESULTS OF A CRIMINAL BACKGROUND CHECK AND
REPORTING TO THE
COMMISSION WHETHER THE LICENSE
APPLICANT HAS BEEN GRANTED A
LICENSE;
6. C
OMPLY WITH THE RULES OF THE COMPACT COMMISSION;
7. U
TILIZE PASSAGE OF A RECOGNIZED NATIONAL EXAM SUCH AS
THE
NATIONAL COMMISSION ON CERTIFICATION OF
PHYSICIAN ASSISTANTS PHYSICIAN ASSISTANT NATIONAL
CERTIFYING EXAMINATION AS A REQUIREMENT FOR PA
LICENSURE;
8. G
RANT THE COMPACT PRIVILEGE TO A HOLDER OF A
QUALIFYING LICENSE IN A PARTICIPATING STATE.
B. N
OTHING IN THIS COMPACT PROHIBITS A PARTICIPATING STATE FROM
CHARGING A FEE FOR GRANTING THE
COMPACT PRIVILEGE.
Section 4. Compact Privilege
A. T
O EXERCISE THE COMPACT PRIVILEGE, A LICENSEE MUST:
1. H
AVE GRADUATED FROM A PA PROGRAM ACCREDITED BY THE
ACCREDITATION REVIEW COMMISSION ON EDUCATION FOR
THE
PHYSICIAN ASSISTANT, INC., OR OTHER PROGRAMS
AUTHORIZED BY
COMMISSION RULE;
2. H
OLD CURRENT NATIONAL COMMISSION ON CERTIFICATION
OF
PHYSICIAN ASSISTANTS CERTIFICATION;
3. H
AVE NO FELONY OR MISDEMEANOR CONVICTION;
4. H
AVE NEVER HAD A CONTROLLED SUBSTANCE LICENSE ,
PERMIT, OR REGISTRATION SUSPENDED OR REVOKED BY A
STATE OR BY THE UNITED STATES DRUG ENFORCEMENT
ADMINISTRATION;
5. H
AVE A UNIQUE IDENTIFIER AS DETERMINED BY COMMISSION
RULE;
PAGE 6-SENATE BILL 24-018 6. HOLD A QUALIFYING LICENSE;
7. H
AVE HAD NO REVOCATION OF A LICENSE OR LIMITATION OR
RESTRICTION ON ANY
LICENSE CURRENTLY HELD DUE TO AN
ADVERSE ACTION;
8. I
F A LICENSEE HAS HAD A LIMITATION OR RESTRICTION ON A
LICENSE OR COMPACT PRIVILEGE DUE TO AN ADVERSE
ACTION, TWO YEARS MUST HAVE ELAPSED FROM THE DATE ON
WHICH THE
LICENSE OR COMPACT PRIVILEGE IS NO LONGER
LIMITED OR RESTRICTED DUE TO THE
ADVERSE ACTION;
9. I
F A COMPACT PRIVILEGE HAS BEEN REVOKED OR IS LIMITED
OR RESTRICTED IN A
PARTICIPATING STATE FOR CONDUCT
THAT WOULD NOT BE A BASIS FOR DISCIPLINARY ACTION IN A
PARTICIPATING STATE IN WHICH THE LICENSEE IS PRACTICING
OR APPLYING TO PRACTICE UNDER A
COMPACT PRIVILEGE,
THAT PARTICIPATING STATE SHALL HAVE THE DISCRETION
NOT TO CONSIDER SUCH ACTION AS AN
ADVERSE ACTION
REQUIRING THE DENIAL OR REMOVAL OF A
COMPACT
PRIVILEGE IN THAT STATE;
10. N
OTIFY THE COMPACT COMMISSION THAT THE LICENSEE IS
SEEKING THE
COMPACT PRIVILEGE IN A REMOTE STATE;
11. M
EET ANY JURISPRUDENCE REQUIREMENT OF A REMOTE
STATE IN WHICH THE LICENSEE IS SEEKING TO PRACTICE
UNDER THE
COMPACT PRIVILEGE AND PAY ANY FEES
APPLICABLE TO SATISFYING THE
JURISPRUDENCE
REQUIREMENT;
12. R
EPORT TO THE COMMISSION ANY ADVERSE ACTION TAKEN
BY A NON
-PARTICIPATING STATE WITHIN THIRTY (30) DAYS
AFTER THE ACTION IS TAKEN
.
B. T
HE COMPACT PRIVILEGE IS VALID UNTIL THE EXPIRATION OR
REVOCATION OF THE
QUALIFYING LICENSE UNLESS TERMINATED
PURSUANT TO AN
ADVERSE ACTION. THE LICENSEE MUST ALSO
COMPLY WITH ALL OF THE REQUIREMENTS OF
SUBSECTION A OF THIS
SECTION TO MAINTAIN THE
COMPACT PRIVILEGE IN A REMOTE STATE.
PAGE 7-SENATE BILL 24-018 IF THE PARTICIPATING STATE TAKES ADVERSE ACTION AGAINST A
QUALIFYING LICENSE, THE LICENSEE SHALL LOSE THE COMPACT
PRIVILEGE IN ANY REMOTE STATE IN WHICH THE LICENSEE HAS A
COMPACT PRIVILEGE UNTIL ALL OF THE FOLLOWING OCCUR :
1. T
HE LICENSE IS NO LONGER LIMITED OR RESTRICTED; AND
2. TWO (2) YEARS HAVE ELAPSED FROM THE DATE ON WHICH THE
LICENSE IS NO LONGER LIMITED OR RESTRICTED DUE TO THE
ADVERSE ACTION.
C. O
NCE A RESTRICTED OR LIMITED LICENSE SATISFIES THE
REQUIREMENTS OF
SUBSECTIONS B.1 AND B.2 OF THIS SECTION, THE
LICENSEE MUST MEET THE REQUIREMENTS OF SUBSECTION A OF THIS
SECTION TO OBTAIN A
COMPACT PRIVILEGE IN ANY REMOTE STATE.
D. F
OR EACH REMOTE STATE IN WHICH A PA SEEKS AUTHORITY TO
PRESCRIBE CONTROLLED SUBSTANCES
, THE PA SHALL SATISFY ALL
REQUIREMENTS IMPOSED BY SUCH
STATE IN GRANTING OR RENEWING
SUCH AUTHORITY
.
Section 5. Designation of the State from Which Licensee is
Applying for a Compact Privilege
A. U
PON A LICENSEE'S APPLICATION FOR A COMPACT PRIVILEGE, THE
LICENSEE SHALL IDENTIFY TO THE COMMISSION THE PARTICIPATING
STATE FROM WHICH THE LICENSEE IS APPLYING, IN ACCORDANCE
WITH APPLICABLE
RULES ADOPTED BY THE COMMISSION, AND
SUBJECT TO THE FOLLOWING REQUIREMENTS
:
1. W
HEN APPLYING FOR A COMPACT PRIVILEGE, THE LICENSEE
SHALL PROVIDE THE
COMMISSION WITH THE ADDRESS OF THE
LICENSEE'S PRIMARY RESIDENCE AND THEREAFTER SHALL
IMMEDIATELY REPORT TO THE
COMMISSION ANY CHANGE IN
THE ADDRESS OF THE
LICENSEE'S PRIMARY RESIDENCE.
2. W
HEN APPLYING FOR A COMPACT PRIVILEGE, THE LICENSEE
IS REQUIRED TO CONSENT TO ACCEPT SERVICE OF PROCESS BY
MAIL AT THE
LICENSEE'S PRIMARY RESIDENCE ON FILE WITH
THE
COMMISSION WITH RESPECT TO ANY ACTION BROUGHT
PAGE 8-SENATE BILL 24-018 AGAINST THE LICENSEE BY THE COMMISSION OR A
PARTICIPATING STATE, INCLUDING A SUBPOENA , WITH
RESPECT TO ANY ACTION BROUGHT OR INVESTIGATION
CONDUCTED BY THE
COMMISSION OR A PARTICIPATING
STATE.
Section 6. Adverse Actions
A. A
PARTICIPATING STATE IN WHICH A LICENSEE IS LICENSED SHALL
HAVE EXCLUSIVE POWER TO IMPOSE
ADVERSE ACTION AGAINST THE
QUALIFYING LICENSE ISSUED BY THAT PARTICIPATING STATE.
B. I
N ADDITION TO THE OTHER POWERS CONFERRED BY STATE LAW, A
REMOTE STATE SHALL HAVE THE AUTHORITY, IN ACCORDANCE WITH
EXISTING
STATE DUE PROCESS LAW, TO DO ALL OF THE FOLLOWING:
1. T
AKE ADVERSE ACTION AGAINST A PA'S COMPACT PRIVILEGE
WITHIN THAT
STATE TO REMOVE A LICENSEE'S COMPACT
PRIVILEGE OR TAKE OTHER ACTION NECESSARY UNDER
APPLICABLE LAW TO PROTECT THE HEALTH AND SAFETY OF ITS
CITIZENS
.
2. I
SSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS
THAT REQUIRE THE ATTENDANCE AND TESTIMONY OF
WITNESSES AS WELL AS THE PRODUCTION OF EVIDENCE
.
S
UBPOENAS ISSUED BY A LICENSING BOARD IN A
PARTICIPATING STATE FOR THE ATTENDANCE AND TESTIMONY
OF WITNESSES OR THE PRODUCTION OF EVIDENCE FROM
ANOTHER
PARTICIPATING STATE SHALL BE ENFORCED IN THE
LATTER
STATE BY ANY COURT OF COMPETENT JURISDICTION ,
ACCORDING TO THE PRACTICE AND PROCEDURE OF THAT
COURT APPLICABLE TO SUBPOENAS ISSUED IN PROCEEDINGS
PENDING BEFORE IT
. THE ISSUING AUTHORITY SHALL PAY ANY
WITNESS FEES
, TRAVEL EXPENSES, MILEAGE, AND OTHER FEES
REQUIRED BY THE SERVICE STATUTES OF THE
STATE IN WHICH
THE EVIDENCE OR WITNESSES ARE LOCATED
.
3. N
OTWITHSTANDING SUBSECTION A.2 OF THIS SECTION,
SUBPOENAS MAY NOT BE ISSUED BY A PARTICIPATING STATE
TO GATHER EVIDENCE OF CONDUCT IN ANOTHER
STATE THAT
PAGE 9-SENATE BILL 24-018 IS LAWFUL IN THAT OTHER STATE FOR THE PURPOSE OF
TAKING
ADVERSE ACTION AGAINST A LICENSEE'S COMPACT
PRIVILEGE OR APPLICATION FOR A COMPACT PRIVILEGE IN
THAT
PARTICIPATING STATE.
4. N
OTHING IN THIS COMPACT AUTHORIZES A PARTICIPATING
STATE TO IMPOSE DISCIPLINE AGAINST A PA'S COMPACT
PRIVILEGE OR TO DENY AN APPLICATION FOR A COMPACT
PRIVILEGE IN THAT PARTICIPATING STATE FOR THE
INDIVIDUAL
'S OTHERWISE LAWFUL PRACTICE IN ANOTHER
STATE.
C. F
OR PURPOSES OF TAKING ADVERSE ACTION, THE PARTICIPATING
STATE WHICH ISSUED THE QUALIFYING LICENSE SHALL GIVE THE
SAME PRIORITY AND EFFECT TO REPORTED CONDUCT RECEIVED FROM
ANY OTHER
PARTICIPATING STATE AS IT WOULD IF THE CONDUCT HAD
OCCURRED WITHIN THE
PARTICIPATING STATE WHICH ISSUED THE
QUALIFYING LICENSE. IN SO DOING, THAT PARTICIPATING STATE
SHALL APPLY ITS OWN
STATE LAWS TO DETERMINE APPROPRIATE
ACTION
.
D. A
PARTICIPATING STATE, IF OTHERWISE PERMITTED BY STATE LAW,
MAY RECOVER FROM THE AFFECTED PA THE COSTS OF
INVESTIGATIONS AND DISPOSITION OF CASES RESULTING FROM ANY
ADVERSE ACTION TAKEN AGAINST THAT PA.
E. A
PARTICIPATING STATE MAY TAKE ADVERSE ACTION BASED ON THE
FACTUAL FINDINGS OF A
REMOTE STATE, PROVIDED THAT THE
PARTICIPATING STATE FOLLOWS ITS OWN PROCEDURES FOR TAKING
THE
ADVERSE ACTION.
F. J
OINT INVESTIGATIONS
1. IN ADDITION TO THE AUTHORITY GRANTED TO A
PARTICIPATING STATE BY ITS RESPECTIVE STATE PA LAWS
AND REGULATIONS OR OTHER APPLICABLE
STATE LAW, ANY
PARTICIPATING STATE MAY PARTICIPATE WITH OTHER
PARTICIPATING STATES IN JOINT INVESTIGATIONS OF
LICENSEES.
PAGE 10-SENATE BILL 24-018 2. PARTICIPATING STATES SHALL SHARE ANY INVESTIGATIVE ,
LITIGATION, OR COMPLIANCE MATERIALS IN FURTHERANCE OF
ANY JOINT OR INDIVIDUAL INVESTIGATION INITIATED UNDER
THIS
COMPACT.
G. I
F AN ADVERSE ACTION IS TAKEN AGAINST A PA'S QUALIFYING
LICENSE, THE PA'S COMPACT PRIVILEGE IN ALL REMOTE STATES
SHALL BE DEACTIVATED UNTIL TWO
(2) YEARS HAVE ELAPSED AFTER
ALL RESTRICTIONS HAVE BEEN REMOVED FROM THE
STATE LICENSE.
A
LL DISCIPLINARY ORDERS BY THE PARTICIPATING STATE WHICH
ISSUED THE
QUALIFYING LICENSE THAT IMPOSE ADVERSE ACTION
AGAINST A
PA'S LICENSE SHALL INCLUDE A STATEMENT THAT THE
PA'S COMPACT PRIVILEGE IS DEACTIVATED IN ALL PARTICIPATING
STATES DURING THE PENDENCY OF THE ORDER .
H. I
F ANY PARTICIPATING STATE TAKES ADVERSE ACTION, IT PROMPTLY
SHALL NOTIFY THE ADMINISTRATOR OF THE
DATA SYSTEM.
Section 7. Establishment of the
PA Licensure Compact Commission
A. T
HE PARTICIPATING STATES HEREBY CREATE AND ESTABLISH A JOINT
GOVERNMENT AGENCY AND NATIONAL ADMINISTRATIVE BODY
KNOWN AS THE
PA LICENSURE COMPACT COMMISSION. THE
COMMISSION IS AN INSTRUMENTALITY OF THE COMPACT STATES
ACTING JOINTLY AND NOT AN INSTRUMENTALITY OF ANY ONE
STATE.
T
HE COMMISSION SHALL COME INTO EXISTENCE ON OR AFTER THE
EFFECTIVE DATE OF THE
COMPACT AS SET FORTH IN SECTION 11.A OF
THIS
COMPACT.
B. M
EMBERSHIP, VOTING, AND MEETINGS
1. EACH PARTICIPATING STATE SHALL HAVE AND BE LIMITED TO
ONE
(1) DELEGATE SELECTED BY THAT PARTICIPATING
STATE'S LICENSING BOARD OR, IF THE STATE HAS MORE THAN
ONE
LICENSING BOARD, SELECTED COLLECTIVELY BY THE
PARTICIPATING STATE'S LICENSING BOARDS.
2. T
HE DELEGATE SHALL BE EITHER:
PAGE 11-SENATE BILL 24-018 a. A CURRENT PA, PHYSICIAN, OR PUBLIC MEMBER OF A
LICENSING BOARD OR PA COUNCIL/COMMITTEE; OR
b. AN ADMINISTRATOR OF A LICENSING BOARD.
3. A
NY DELEGATE MAY BE REMOVED OR SUSPENDED FROM
OFFICE AS PROVIDED BY THE LAWS OF THE
STATE FROM WHICH
THE DELEGATE IS APPOINTED
.
4. T
HE PARTICIPATING STATE LICENSING BOARD SHALL FILL
ANY VACANCY OCCURRING IN THE
COMMISSION WITHIN SIXTY
(60) DAYS.
5. E
ACH DELEGATE SHALL BE ENTITLED TO ONE (1) VOTE ON ALL
MATTERS VOTED ON BY THE
COMMISSION AND SHALL
OTHERWISE HAVE AN OPPORTUNITY TO PARTICIPATE IN THE
BUSINESS AND AFFAIRS OF THE
COMMISSION. A DELEGATE
SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS
PROVIDED IN THE BYLAWS
. THE BYLAWS MAY PROVIDE FOR
DELEGATES
' PARTICIPATION IN MEETINGS BY
TELECOMMUNICATIONS
, VIDEO CONFERENCE , OR OTHER
MEANS OF COMMUNICATION
.
6. T
HE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH
CALENDAR YEAR
. ADDITIONAL MEETINGS SHALL BE HELD AS
SET FORTH IN THIS
COMPACT AND THE BYLAWS .
7. T
HE COMMISSION SHALL ESTABLISH BY RULE A TERM OF
OFFICE FOR DELEGATES
.
C. T
HE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES :
1. E
STABLISH A CODE OF ETHICS FOR THE COMMISSION;
2. E
STABLISH THE FISCAL YEAR OF THE COMMISSION;
3. E
STABLISH FEES;
4. E
STABLISH BYLAWS;
PAGE 12-SENATE BILL 24-018 5. M AINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE
BYLAWS
;
6. M
EET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE
PROVISIONS OF THIS
COMPACT AND THE BYLAWS ;
7. P
ROMULGATE RULES TO FACILITATE AND COORDINATE
IMPLEMENTATION AND ADMINISTRATION OF THIS
COMPACT.
T
HE RULES SHALL HAVE THE FORCE AND EFFECT OF LAW AND
SHALL BE BINDING IN ALL
PARTICIPATING STATES.
8. B
RING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN
THE NAME OF THE
COMMISSION, PROVIDED THAT THE
STANDING OF ANY
STATE LICENSING BOARD TO SUE OR BE
SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED
;
9. P
URCHASE AND MAINTAIN INSURANCE AND BONDS ;
10. B
ORROW, ACCEPT, OR CONTRACT FOR SERVICES OF
PERSONNEL
, INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF
A
PARTICIPATING STATE;
11. H
IRE EMPLOYEES AND E NGAGE CONTRACTORS , ELECT OR
APPOINT OFFICERS
, FIX COMPENSATION, DEFINE DUTIES,
GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO
CARRY OUT THE PURPOSES OF THIS
COMPACT, AND ESTABLISH
THE
COMMISSION'S PERSONNEL POLICIES AND PROGRAMS
RELATING TO CONFLICTS OF INTEREST
, QUALIFICATIONS OF
PERSONNEL
, AND OTHER RELATED PERSONNEL MATTERS ;
12. A
CCEPT ANY AND ALL APPROPRIATE DONATIONS AND GRANTS
OF MONEY
, EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES,
AND RECEIVE, UTILIZE, AND DISPOSE OF THE SAME; PROVIDED
THAT AT ALL TIMES THE
COMMISSION SHALL AVOID ANY
APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTEREST
;
13. L
EASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR
DONATIONS OF
, OR OTHERWISE OWN, HOLD, IMPROVE, OR USE,
ANY PROPERTY, REAL, PERSONAL, OR MIXED; PROVIDED THAT
AT ALL TIMES THE
COMMISSION SHALL AVOID ANY
PAGE 13-SENATE BILL 24-018 APPEARANCE OF IMPROPRIETY;
14. S
ELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY , REAL,
PERSONAL, OR MIXED;
15. E
STABLISH A BUDGET AND MAKE EXPENDITURES ;
16. B
ORROW MONEY;
17. A
PPOINT COMMITTEES, INCLUDING STANDING COMMITTEES
COMPOSED OF MEMBERS
, STATE REGULATORS , STATE
LEGISLATORS OR THEIR REPRESENTATIVES
, AND CONSUMER
REPRESENTATIVES
, AND SUCH OTHER INTERESTED PERSONS AS
MAY BE DESIGNATED IN THIS
COMPACT AND THE BYLAWS ;
18. P
ROVIDE AND RECEIVE INFORMATION FROM , AND COOPERATE
WITH
, LAW ENFORCEMENT AGENCIES ;
19. E
LECT A CHAIR, VICE CHAIR, SECRETARY, AND TREASURER
AND SUCH OTHER OFFICERS OF THE
COMMISSION AS PROVIDED
IN THE
COMMISSION'S BYLAWS;
20. R
ESERVE FOR ITSELF, IN ADDITION TO THOSE RESERVED
EXCLUSIVELY TO THE
COMMISSION UNDER THE COMPACT,
POWERS THAT THE EXECUTIVE COMMITTEE MAY NOT
EXERCISE
;
21. A
PPROVE OR DISAPPROVE A STATE'S PARTICIPATION IN THE
COMPACT BASED UPON ITS DETERMINATION AS TO WHETHER
THE
STATE'S COMPACT LEGISLATION DEPARTS IN A MATERIAL
MANNER FROM THE
MODEL COMPACT LANGUAGE;
22. P
REPARE AND PROVIDE TO THE PARTICIPATING STATES AN
ANNUAL REPORT
; AND
23. PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR
APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS
COMPACT
CONSISTENT WITH THE
STATE REGULATION OF PA LICENSURE
AND PRACTICE
.
PAGE 14-SENATE BILL 24-018 D. M EETINGS OF THE COMMISSION
1. ALL MEETINGS OF THE COMMISSION THAT ARE NOT CLOSED
PURSUANT TO THIS
SUBSECTION D.1 SHALL BE OPEN TO THE
PUBLIC
. NOTICE OF PUBLIC MEETINGS SHALL BE POSTED ON
THE
COMMISSION'S WEBSITE AT LEAST THIRTY (30) DAYS
PRIOR TO THE PUBLIC MEETING
.
2. N
OTWITHSTANDING SUBSECTION D.1 OF THIS SECTION, THE
COMMISSION MAY CONVENE A PUBLIC MEETING BY PROVIDING
AT LEAST TWENTY
-FOUR (24) HOURS PRIOR NOTICE ON THE
COMMISSION'S WEBSITE, AND ANY OTHER MEANS AS
PROVIDED IN THE
COMMISSION'S RULES, FOR ANY OF THE
REASONS IT MAY DISPENSE WITH NOTICE OF PROPOSED
RULEMAKING UNDER
SECTION 9.L OF THIS COMPACT.
3. T
HE COMMISSION MAY CONVENE IN A CLOSED , NON-PUBLIC
MEETING OR NON
-PUBLIC PART OF A PUBLIC MEETING TO
RECEIVE LEGAL ADVICE OR TO DISCUSS
:
a. N
ON-COMPLIANCE OF A PARTICIPATING STATE WITH
ITS OBLIGATIONS UNDER THIS
COMPACT;
b. T
HE EMPLOYMENT, COMPENSATION, DISCIPLINE OR
OTHER ENFORCEMENT MATTERS
, PRACTICES, OR
PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR
OTHER MATTERS RELATED TO THE
COMMISSION'S
INTERNAL PERSONNEL PRACTICES AND PROCEDURES
;
c. C
URRENT, THREATENED , OR REASONABLY
ANTICIPATED LITIGATION
;
d. N
EGOTIATION OF CONTRACTS FOR THE PURCHASE ,
LEASE, OR SALE OF GOODS, SERVICES, OR REAL ESTATE;
e. A
CCUSING ANY PERSON OF A CRIME OR FORMALLY
CENSURING ANY PERSON
;
f. D
ISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR
FINANCIAL INFORMATION THAT IS PRIVILEGED OR
PAGE 15-SENATE BILL 24-018 CONFIDENTIAL;
g. D
ISCLOSURE OF INFORMATION OF A PERSONAL NATURE
WHERE DISCLOSURE WOULD CONSTITUTE A CLEARLY
UNWARRANTED INVASION OF PERSONAL PRIVACY
;
h. D
ISCLOSURE OF INVESTIGATIVE RECORDS COMPILED
FOR LAW ENFORCEMENT PURPOSES
;
i. D
ISCLOSURE OF INFORMATION RELATED TO ANY
INVESTIGATIVE REPORTS PREPARED BY OR ON BEHALF
OF OR FOR USE OF THE
COMMISSION OR OTHER
COMMITTEE CHARGED WITH RESPONSIBILITY OF
INVESTIGATION OR DETERMINATION OF COMPLIANCE
ISSUES PURSUANT TO THIS
COMPACT;
j. L
EGAL ADVICE; OR
k. M ATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE
BY FEDERAL OR
PARTICIPATING STATES' STATUTES.
4. I
F A MEETING, OR PORTION OF A MEETING , IS CLOSED
PURSUANT TO THIS
SUBSECTION D, THE CHAIR OF THE
MEETING OR THE CHAIR
'S DESIGNEE SHALL CERTIFY THAT THE
MEETING OR PORTION OF THE MEETING MAY BE CLOSED AND
SHALL REFERENCE EACH RELEVANT EXEMPTING PROVISION
.
5. T
HE COMMISSION SHALL KEEP MINUTES THAT FULLY AND
CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING
AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF
ACTIONS TAKEN
, INCLUDING A DESCRIPTION OF THE VIEWS
EXPRESSED
. ALL DOCUMENTS CONSIDERED IN CONNECTION
WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES
. ALL
MINUTES AND DOCUMENTS OF A CLOSED MEETING SHALL
REMAIN UNDER SEAL
, SUBJECT TO RELEASE BY A MAJORITY
VOTE OF THE
COMMISSION OR ORDER OF A COURT OF
COMPETENT JURISDICTION
.
E. F
INANCING OF THE COMMISSION
PAGE 16-SENATE BILL 24-018 1. THE COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT
OF
, THE REASONABLE EXPENSES OF ITS ESTABLISHMENT ,
ORGANIZATION, AND ONGOING ACTIVITIES.
2. T
HE COMMISSION MAY ACCEPT ANY AND ALL APPROPRIATE
REVENUE SOURCES
, DONATIONS, AND GRANTS OF MONEY ,
EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES.
3. T
HE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL
ASSESSMENT FROM EACH
PARTICIPATING STATE AND MAY
IMPOSE
COMPACT PRIVILEGE FEES ON LICENSEES OF
PARTICIPATING STATES TO WHOM A COMPACT PRIVILEGE IS
GRANTED TO COVER THE COST OF THE OPERATIONS AND
ACTIVITIES OF THE
COMMISSION AND ITS STAFF, WHICH MUST
BE IN A TOTAL AMOUNT SUFFICIENT TO COVER ITS ANNUAL
BUDGET AS APPROVED BY THE
COMMISSION EACH YEAR FOR
WHICH REVENUE IS NOT PROVIDED BY OTHER SOURCES
. THE
AGGREGATE ANNUAL ASSESSMENT AMOUNT LEVIED ON
PARTICIPATING STATES SHALL BE ALLOCATED BASED UPON A
FORMULA TO BE DETERMINED BY
COMMISSION RULE.
a. A
COMPACT PRIVILEGE EXPIRES WHEN THE LICENSEE'S
QUALIFYING LICENSE IN THE PARTICIPATING STATE
FROM WHICH THE
LICENSEE APPLIED FOR THE
COMPACT PRIVILEGE EXPIRES.
b. I
F THE LICENSEE TERMINATES THE QUALIFYING
LICENSE THROUGH WHICH THE LICENSEE APPLIED FOR
THE
COMPACT PRIVILEGE BEFORE ITS SCHEDULED
EXPIRATION
, AND THE LICENSEE HAS A QUALIFYING
LICENSE IN ANOTHER PARTICIPATING STATE, THE
LICENSEE SHALL INFORM THE COMMISSION THAT THE
LICENSEE IS CHANGING TO THAT PARTICIPATING
STATE THE PARTICIPATING STATE THROUGH WHICH IT
APPLIES FOR A
COMPACT PRIVILEGE AND PAY TO THE
COMMISSION ANY COMPACT PRIVILEGE FEE REQUIRED
BY
COMMISSION RULE.
4. T
HE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY
KIND PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE
PAGE 17-SENATE BILL 24-018 SAME; NOR SHALL THE COMMISSION PLEDGE THE CREDIT OF
ANY OF THE
PARTICIPATING STATES, EXCEPT BY AND WITH
THE AUTHORITY OF THE
PARTICIPATING STATE.
5. T
HE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL
RECEIPTS AND DISBURSEMENTS
. THE RECEIPTS AND
DISBURSEMENTS OF THE
COMMISSION SHALL BE SUBJECT TO
THE FINANCIAL REVIEW AND ACCOUNTING PROCEDURES
ESTABLISHED UNDER ITS BYLAWS
. ALL RECEIPTS AND
DISBURSEMENTS OF FUNDS HANDLED BY THE
COMMISSION
SHALL BE SUBJECT TO AN ANNUAL FI NANCIAL REVIEW BY A
CERTIFIED OR LICENSED PUBLIC ACCOUNTANT
, AND THE
REPORT OF THE FINANCIAL REVIEW SHALL BE INCLUDED IN
AND BECOME PART OF THE ANNUAL REPORT OF THE
COMMISSION.
F. T
HE EXECUTIVE COMMITTEE
1. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT
ON BEHALF OF THE
COMMISSION ACCORDING TO THE TERMS
OF THIS
COMPACT AND COMMISSION RULES.
2. T
HE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF NINE (9)
MEMBERS:
a. S
EVEN (7) VOTING MEMBERS WHO ARE ELECTED BY
THE
COMMISSION FROM THE CURRENT MEMBERSHIP OF
THE
COMMISSION;
b. O
NE (1) EX OFFICIO, NONVOTING MEMBER FROM A
RECOGNIZED NATIONAL
PA PROFESSIONAL
ASSOCIATION
; AND
c. ONE (1) EX OFFICIO, NONVOTING MEMBER FROM A
RECOGNIZED NATIONAL
PA CERTIFICATION
ORGANIZATION
.
3. T
HE EX OFFICIO MEMBERS WILL BE SELECTED BY THEIR
RESPECTIVE ORGANIZATIONS
.
PAGE 18-SENATE BILL 24-018 4. THE COMMISSION MAY REMOVE ANY MEMBER OF THE
EXECUTIVE COMMITTEE AS PROVIDED IN ITS BYLAWS .
5. T
HE EXECUTIVE COMMITTEE SHALL MEET AT LEAST
ANNUALLY
.
6. T
HE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING
DUTIES AND RESPONSIBILITIES
:
a. R
ECOMMEND TO THE COMMISSION CHANGES TO THE
COMMISSION'S RULES OR BYLAWS, CHANGES TO THIS
COMPACT LEGISLATION, FEES TO BE PAID BY COMPACT
PARTICIPATING STATES SUCH AS ANNUAL DUES , AND
ANY
COMMISSION COMPACT FEE CHARGED TO
LICENSEES FOR THE COMPACT PRIVILEGE;
b. E
NSURE COMPACT ADMINISTRATION SERVICES ARE
APPROPRIATELY PROVIDED
, CONTRACTUAL OR
OTHERWISE
;
c. P
REPARE AND RECOMMEND THE BUDGET ;
d. M
AINTAIN FINANCIAL RECORDS ON BEHALF OF THE
COMMISSION;
e. M
ONITOR COMPACT COMPLIANCE OF PARTICIPATING
STATES AND PROVIDE COMPLIANCE REPORTS TO THE
COMMISSION;
f. E
STABLISH ADDITIONAL COMMITTEES AS NECESSARY ;
g. E
XERCISE THE POWERS AND DUTIES OF THE
COMMISSION DURING THE INTERIM BETWEEN
COMMISSION MEETINGS , EXCEPT FOR ISSUING
PROPOSED RULEMAKING OR ADOPTING
COMMISSION
RULES OR BYLAWS , OR EXERCISING ANY OTHER
POWERS AND DUTIES EXCLUSIVELY RESERVED TO THE
COMMISSION BY THE COMMISSION'S RULES; AND
h. PERFORM OTHER DUTIES AS PROVIDED IN THE
PAGE 19-SENATE BILL 24-018 COMMISSION'S RULES OR BYLAWS.
7. A
LL MEETINGS OF THE EXECUTIVE COMMITTEE AT WHICH IT
VOTES OR PLANS TO VOTE ON MATTERS IN EXERCISING THE
POWERS AND DUTIES OF THE
COMMISSION SHALL BE OPEN TO
THE PUBLIC
, AND PUBLIC NOTICE OF SUCH MEETINGS SHALL BE
GIVEN AS PUBLIC MEETINGS OF THE
COMMISSION ARE GIVEN.
8. T
HE EXECUTIVE COMMITTEE MAY CONVENE IN A CLOSED ,
NON-PUBLIC MEETING FOR THE SAME REASONS THAT THE
COMMISSION MAY CONVENE IN A NON-PUBLIC MEETING AS SET
FORTH IN
SUBSECTION D.3 OF THIS SECTION AND SHALL
ANNOUNCE THE CLOSED MEETING AS THE
COMMISSION IS
REQUIRED TO UNDER
SUBSECTION D.4 OF THIS SECTION AND
KEEP MINUTES OF THE CLOSED MEETING AS THE
COMMISSION
IS REQUIRED TO UNDER
SUBSECTION D.5 OF THIS SECTION.
G. Q
UALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
1. THE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES,
AND REPRESENTATIVES OF THE COMMISSION SHALL BE
IMMUNE FROM SUIT AND LIABILITY
, BOTH PERSONALLY AND IN
THEIR OFFICIAL CAPACITY
, FOR ANY CLAIM FOR DAMAGE TO
OR LOSS OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL
LIABILITY CAUSED BY OR ARISING OUT OF ANY ACTUAL OR
ALLEGED ACT
, ERROR, OR OMISSION THAT OCCURRED , OR
THAT THE PERSON AGAINST WHOM THE CLAIM IS MADE HAD A
REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE
SCOPE OF
COMMISSION EMPLOYMENT , DUTIES, OR
RESPONSIBILITIES
; PROVIDED THAT NOTHING HEREIN SHALL BE
CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR
LIABILITY FOR ANY DAMAGE
, LOSS, INJURY, OR LIABILITY
CAUSED BY THE INTENTIONAL OR WILLFUL OR WANTON
MISCONDUCT OF THAT PERSON
. THE PROCUREMENT OF
INSURANCE OF ANY TYPE BY THE
COMMISSION SHALL NOT IN
ANY WAY COMPROMISE OR LIMIT THE IMMUNITY GRANTED
HEREUNDER
.
2. T
HE COMMISSION SHALL DEFEND ANY MEMBER , OFFICER,
EXECUTIVE DIRECTOR, EMPLOYEE, AND REPRESENTATIVE OF
PAGE 20-SENATE BILL 24-018 THE COMMISSION IN ANY CIVIL ACTION SEEKING TO IMPOSE
LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED ACT
,
ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR
AS DETERMINED BY THE COMMISSION THAT THE PERSON
AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE
BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;
PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO
PROHIBIT THAT PERSON FROM RETAINING THEIR OWN COUNSEL
AT THEIR OWN EXPENSE
; AND PROVIDED FURTHER, THAT THE
ACTUAL OR ALLEGED ACT
, ERROR, OR OMISSION DID NOT
RESULT FROM THAT PERSON
'S INTENTIONAL OR WILLFUL OR
WANTON MISCONDUCT
.
3. T
HE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS
ANY MEMBER
, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE,
AND REPRESENTATIVE OF THE COMMISSION FOR THE AMOUNT
OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST THAT
PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT
,
ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR
THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING
OCCURRED WITHIN THE SCOPE OF
COMMISSION EMPLOYMENT ,
DUTIES, OR RESPONSIBILITIES, PROVIDED THAT THE ACTUAL
OR ALLEGED ACT
, ERROR, OR OMISSION DID NOT RESULT FROM
THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF
THAT PERSON
.
4. V
ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST
THE
COMMISSION SHALL BE BROUGHT SOLELY AND
EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION
WHERE THE PRINCIPAL OFFICE OF THE
COMMISSION IS
LOCATED
. THE COMMISSION MAY WAIVE VENUE AND
JURISDICTIONAL DEFENSES IN ANY PROCEEDINGS AS
AUTHORIZED BY
COMMISSION RULES.
5. N
OTHING HEREIN SHALL BE CONSTRUED AS A LIMITATION ON
THE LIABILITY OF ANY
LICENSEE FOR PROFESSIONAL
MALPRACTICE OR MISCONDUCT
, WHICH SHALL BE GOVERNED
PAGE 21-SENATE BILL 24-018 SOLELY BY ANY OTHER APPLICABLE STATE LAWS.
6. N
OTHING HEREIN SHALL BE CONSTRUED TO DESIGNATE THE
VENUE OR JURISDICTION TO BRING ACTIONS FOR ALLEGED
ACTS OF MALPRACTICE
, PROFESSIONAL MISCONDUCT ,
NEGLIGENCE, OR OTHER SUCH CIVIL ACTION PERTAINING TO
THE PRACTICE OF A
PA. ALL SUCH MATTERS SHALL BE
DETERMINED EXCLUSIVELY BY
STATE LAW OTHER THAN THIS
COMPACT.
7. N
OTHING IN THIS COMPACT SHALL BE INTERPRETED TO WAIVE
OR OTHERWISE ABROGATE A
PARTICIPATING STATE'S STATE
ACTION IMMUNITY OR STATE ACTION AFFIRMATIVE DEFENSE
WITH RESPECT TO ANTITRUST CLAIMS UNDER THE
SHERMAN
ACT, CLAYTON ACT, OR ANY OTHER STATE OR FEDERAL
ANTITRUST OR ANTICOMPETITIVE LAW OR REGULATION
.
8. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A
WAIVER OF SOVEREIGN IMMUNITY BY THE
PARTICIPATING
STATES OR BY THE COMMISSION.
Section 8. Data System
A. T
HE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT ,
MAINTENANCE, OPERATION, AND UTILIZATION OF A COORDINATED
DATA AND REPORTING SYSTEM CONTAINING LICENSURE
INFORMATION
, ADVERSE ACTION INFORMATION, AND THE REPORTING
OF THE EXISTENCE OF
SIGNIFICANT INVESTIGATIVE INFORMATION ON
ALL LICENSED
PAS AND APPLICANTS DENIED A LICENSE IN
PARTICIPATING STATES.
B. N
OTWITHSTANDING ANY OTHER STATE LAW TO THE CONTRARY , A
PARTICIPATING STATE SHALL SUBMIT A UNIFORM DATA SET TO THE
DATA SYSTEM ON ALL PAS TO WHOM THIS COMPACT IS APPLICABLE
(UTILIZING A UNIQUE IDENTIFIER) AS REQUIRED BY THE RULES OF THE
COMMISSION, INCLUDING:
1. I
DENTIFYING INFORMATION;
2. L
ICENSURE DATA;
PAGE 22-SENATE BILL 24-018 3. ADVERSE ACTIONS AGAINST A LICENSE OR COMPACT
PRIVILEGE;
4. A
NY DENIAL OF APPLICATION FOR LICENSURE , AND THE
REASON
(S) FOR SUCH DENIAL (EXCLUDING THE REPORTING OF
ANY CRIMINAL HISTORY RECORD INFORMATION WHERE
PROHIBITED BY LAW
);
5. T
HE EXISTENCE OF SIGNIFICANT INVESTIGATIVE
INFORMATION; AND
6. OTHER INFORMATION THAT MAY FACILITATE THE
ADMINISTRATION OF THIS
COMPACT, AS DETERMINED BY THE
RULES OF THE COMMISSION.
C. S
IGNIFICANT INVESTIGATIVE INFORMATION PERTAINING TO A
LICENSEE IN ANY PARTICIPATING STATE SHALL ONLY BE AVAILABLE
TO OTHER
PARTICIPATING STATES.
D. T
HE COMMISSION SHALL PROMPTLY NOTIFY ALL PARTICIPATING
STATES OF ANY ADVERSE ACTION TAKEN AGAINST A LICENSEE OR AN
INDIVIDUAL APPLYING FOR A
LICENSE THAT HAS BEEN REPORTED TO
IT
. THIS ADVERSE ACTION INFORMATION SHALL BE AVAILABLE TO
ANY OTHER
PARTICIPATING STATE.
E. P
ARTICIPATING STATES CONTRIBUTING INFORMATION TO THE DATA
SYSTEM MAY, IN ACCORDANCE WITH STATE OR FEDERAL LAW ,
DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH THE
PUBLIC WITHOUT THE EXPRESS PERMISSION OF THE CONTRIBUTING
STATE. NOTWITHSTANDING ANY SUCH DESIGNATION , SUCH
INFORMATION SHALL BE REPORTED TO THE
COMMISSION THROUGH
THE
DATA SYSTEM.
F. A
NY INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS
SUBSEQUENTLY EXPUNGED PURSUANT TO FEDERAL LAW OR THE LAWS
OF THE
PARTICIPATING STATE CONTRIBUTING THE INFORMATION
SHALL BE REMOVED FROM THE
DATA SYSTEM UPON REPORTING OF
SUCH BY THE
PARTICIPATING STATE TO THE COMMISSION.
G. T
HE RECORDS AND INFORMATION PROVIDED TO A PARTICIPATING
PAGE 23-SENATE BILL 24-018 STATE PURSUANT TO THIS COMPACT OR THROUGH THE DATA
SYSTEM, WHEN CERTIFIED BY THE COMMISSION OR AN AGENT
THEREOF
, SHALL CONSTITUTE THE AUTHENTICATED BUSINESS
RECORDS OF THE
COMMISSION, AND SHALL BE ENTITLED TO ANY
ASSOCIATED HEARSAY EXCEPTION IN ANY RELEVANT JUDICIAL
,
QUASI-JUDICIAL, OR ADMINISTRATIVE PROCEEDINGS IN A
PARTICIPATING STATE.
Section 9. Rulemaking
A. T
HE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS
PURSUANT TO THE CRITERIA SET FORTH IN THIS
SECTION AND THE
RULES ADOPTED THEREUNDER . COMMISSION RULES SHALL BECOME
BINDING AS OF THE DATE SPECIFIED BY THE
COMMISSION FOR EACH
RULE.
B. T
HE COMMISSION SHALL PROMULGATE REASONABLE RULES IN ORDER
TO EFFECTIVELY AND EFFICIENTLY IMPLEMENT AND ADMINISTER THIS
COMPACT AND ACHIEVE ITS PURPOSES . A COMMISSION RULE SHALL
BE INVALID AND HAVE NO FORCE OR EFFECT ONLY IF A COURT OF
COMPETENT JURISDICTION HOLDS THAT THE
RULE IS INVALID
BECAUSE THE
COMMISSION EXERCISED ITS RULEMAKING AUTHORITY
IN A MANNER THAT IS BEYOND THE SCOPE OF THE PURPOSES OF THIS
COMPACT, OR THE POWERS GRANTED HEREUNDER , OR BASED UPON
ANOTHER APPLICABLE STANDARD OF REVIEW
.
C. T
HE RULES OF THE COMMISSION SHALL HAVE THE FORCE OF LAW IN
EACH
PARTICIPATING STATE, PROVIDED HOWEVER THAT WHERE THE
RULES OF THE COMMISSION CONFLICT WITH THE LAWS OF THE
PARTICIPATING STATE THAT ESTABLISH THE MEDICAL SERVICES A
PA MAY PERFORM IN THE PARTICIPATING STATE, AS HELD BY A
COURT OF COMPETENT JURISDICTION
, THE RULES OF THE
COMMISSION SHALL BE INEFFECTIVE IN THAT STATE TO THE EXTENT
OF THE CONFLICT
.
D. I
F A MAJORITY OF THE LEGISLATURES OF THE PARTICIPATING STATES
REJECTS A
COMMISSION RULE, BY ENACTMENT OF A STATUTE OR
RESOLUTION IN THE SAME MANNER USED TO ADOPT THIS
COMPACT
WITHIN FOUR
(4) YEARS OF THE DATE OF ADOPTION OF THE RULE,
THEN SUCH RULE SHALL HAVE NO FURTHER FORCE AND EFFECT IN
PAGE 24-SENATE BILL 24-018 ANY PARTICIPATING STATE OR TO ANY STATE APPLYING TO
PARTICIPATE IN THE
COMPACT.
E. C
OMMISSION RULES SHALL BE ADOPTED AT A REGULAR OR SPECIAL
MEETING OF THE
COMMISSION.
F. P
RIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR RULES
BY THE
COMMISSION, AND AT LEAST THIRTY (30) DAYS IN ADVANCE
OF THE MEETING AT WHICH THE
RULE WILL BE CONSIDERED AND
VOTED UPON
, THE COMMISSION SHALL FILE A NOTICE OF PROPOSED
RULEMAKING
:
1. O
N THE WEBSITE OF THE COMMISSION OR OTHER PUBLICLY
ACCESSIBLE PLATFORM
;
2. T
O PERSONS WHO HAVE REQUESTED THE COMMISSION'S
NOTICES OF PROPOSED RULEMAKING
; AND
3. IN SUCH OTHER WAY(S) AS THE COMMISSION MAY BY RULE
SPECIFY
.
G. T
HE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE :
1. T
HE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING ON
THE PROPOSED
RULE AND THE PROPOSED TIME , DATE, AND
LOCATION OF THE MEETING IN WHICH THE PROPOSED
RULE
WILL BE CONSIDERED AND VOTED UPON
;
2. T
HE TEXT OF THE PROPOSED RULE AND THE REASON FOR THE
PROPOSED
RULE;
3. A
REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM
ANY INTERESTED PERSON AND THE DATE BY WHICH WRITTEN
COMMENTS MUST BE RECEIVED
; AND
4. THE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT
NOTICE TO THE
COMMISSION OF THEIR INTENTION TO ATTEND
THE PUBLIC HEARING OR PROVIDE ANY WRITTEN COMMENTS
.
H. P
RIOR TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL
PAGE 25-SENATE BILL 24-018 ALLOW PERSONS TO SUBMIT WRITTEN DATA , FACTS, OPINIONS, AND
ARGUMENTS
, WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC .
I. I
F THE HEARING IS TO BE HELD VIA ELECTRONIC MEANS , THE
COMMISSION SHALL PUBLISH THE MECHANISM FOR ACCESS TO THE
ELECTRONIC HEARING
.
1. A
LL PERSONS WISHING TO BE HEARD AT THE HEARING SHALL
AS DIRECTED IN THE NOTICE OF PROPOSED RULEMAKING
, NOT
LESS THAN FIVE
(5) BUSINESS DAYS BEFORE THE SCHEDULED
DATE OF THE HEARING
, NOTIFY THE COMMISSION OF THEIR
DESIRE TO APPEAR AND TESTIFY AT THE HEARING
.
2. H
EARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING
EACH PERSON WHO WISHES TO COMMENT A FAIR AND
REASONABLE OPPORTUNITY TO COMMENT ORALLY OR IN
WRITING
.
3. A
LL HEARINGS SHALL BE RECORDED . A COPY OF THE
RECORDING AND THE WRITTEN COMMENTS
, DATA, FACTS,
OPINIONS, AND ARGUMENTS RECEIVED IN RESPONSE TO THE
PROPOSED RULEMAKING SHALL BE MADE AVAILABLE TO A
PERSON UPON REQUEST
.
4. N
OTHING IN THIS SECTION SHALL BE CONSTRUED AS
REQUIRING A SEPARATE HEARING ON EACH PROPOSED
RULE.
P
ROPOSED RULES MAY BE GROUPED FOR THE CONVENIENCE
OF THE
COMMISSION AT HEARINGS REQUIRED BY THIS
SECTION
.
J. F
OLLOWING THE PUBLIC HEARING THE COMMISSION SHALL CONSIDER
ALL WRITTEN AND ORAL COMMENTS TIMELY RECEIVED
.
K. T
HE COMMISSION SHALL, BY MAJORITY VOTE OF ALL DELEGATES ,
TAKE FINAL ACTION ON THE PROPOSED RULE AND SHALL DETERMINE
THE EFFECTIVE DATE OF THE
RULE, IF ADOPTED, BASED ON THE
RULEMAKING RECORD AND THE FULL TEXT OF THE
RULE.
1. I
F ADOPTED, THE RULE SHALL BE POSTED ON THE
COMMISSION'S WEBSITE.
PAGE 26-SENATE BILL 24-018 2. THE COMMISSION MAY ADOPT CHANGES TO THE PROPOSED
RULE PROVIDED THE CHANGES DO NOT ENLARGE THE
ORIGINAL PURPOSE OF THE PROPOSED
RULE.
3. T
HE COMMISSION SHALL PROVIDE ON ITS WEBSITE AN
EXPLANATION OF THE REASONS FOR SUBSTANTIVE CHANGES
MADE TO THE PROPOSED
RULE AS WELL AS REASONS FOR
SUBSTANTIVE CHANGES NOT MADE THAT WERE
RECOMMENDED BY COMMENTERS
.
4. T
HE COMMISSION SHALL DETERMINE A REASONABLE
EFFECTIVE DATE FOR THE
RULE. EXCEPT FOR AN EMERGENCY
AS PROVIDED IN
SUBSECTION L OF THIS SECTION, THE
EFFECTIVE DATE OF THE
RULE SHALL BE NO SOONER THAN
THIRTY
(30) DAYS AFTER THE COMMISSION ISSUED THE
NOTICE THAT IT ADOPTED THE
RULE.
L. U
PON DETERMINATION THAT AN EMERGENCY EXISTS , THE
COMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE WITH
TWENTY
-FOUR (24) HOURS PRIOR NOTICE , WITHOUT THE
OPPORTUNITY FOR COMMENT OR HEARING
, PROVIDED THAT THE
USUAL RULEMAKING PROCEDURES PROVIDED IN THIS
COMPACT AND
IN THIS SECTION SHALL BE RETROACTIVELY APPLIED TO THE
RULE AS
SOON AS REASONABLY POSSIBLE
, IN NO EVENT LATER THAN NINETY
(90) DAYS AFTER THE EFFECTIVE DATE OF THE RULE. FOR THE
PURPOSES OF THIS
SUBSECTION L, AN EMERGENCY RULE IS ONE THAT
MUST BE ADOPTED IMMEDIATELY BY THE
COMMISSION IN ORDER TO:
1. M
EET AN IMMINENT THREAT TO PUBLIC HEALTH , SAFETY, OR
WELFARE
;
2. P
REVENT A LOSS OF COMMISSION OR PARTICIPATING STATE
FUNDS
;
3. M
EET A DEADLINE FOR THE PROMULGATION OF A COMMISSION
RULE THAT IS ESTABLISHED BY FEDERAL LAW OR RULE; OR
4. PROTECT PUBLIC HEALTH AND SAFETY .
M. T
HE COMMISSION OR AN AUTHORIZED COMMITTEE OF THE
PAGE 27-SENATE BILL 24-018 COMMISSION MAY DIRECT REVISIONS TO A PREVIOUSLY ADOPTED
COMMISSION RULE FOR PURPOSES OF CORRECTING TYPOGRAPHICAL
ERRORS
, ERRORS IN FORMAT , ERRORS IN CONSISTENCY , OR
GRAMMATICAL ERRORS
. PUBLIC NOTICE OF ANY REVISIONS SHALL BE
POSTED ON THE WEBSITE OF THE
COMMISSION. THE REVISION SHALL
BE SUBJECT TO CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY
(30) DAYS AFTER POSTING. THE REVISION MAY BE CHALLENGED ONLY
ON GROUNDS THAT THE REVISION RESULTS IN A MATERIAL CHANGE
TO A
RULE. A CHALLENGE SHALL BE MADE AS SET FORTH IN THE
NOTICE OF REVISIONS AND DELIVERED TO THE
COMMISSION PRIOR TO
THE END OF THE NOTICE PERIOD
. IF NO CHALLENGE IS MADE, THE
REVISION WILL TAKE EFFECT WITHOUT FURTHER ACTION
. IF THE
REVISION IS CHALLENGED
, THE REVISION MAY NOT TAKE EFFECT
WITHOUT THE APPROVAL OF THE
COMMISSION.
N. N
O PARTICIPATING STATE'S RULEMAKING REQUIREMENTS SHALL
APPLY UNDER THIS
COMPACT.
Section 10. Oversight, Dispute Resolution, and Enforcement
A. O
VERSIGHT
1. THE EXECUTIVE AND JUDICIAL BRANCHES OF STATE
GOVERNMENT IN EACH
PARTICIPATING STATE SHALL ENFORCE
THIS
COMPACT AND TAKE ALL ACTIONS NECESSARY AND
APPROPRIATE TO IMPLEMENT THE
COMPACT.
2. V
ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST
THE
COMMISSION SHALL BE BROUGHT SOLELY AND
EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION
WHERE THE PRINCIPAL OFFICE OF THE
COMMISSION IS
LOCATED
. THE COMMISSION MAY WAIVE VENUE AND
JURISDICTIONAL DEFENSES TO THE EXTENT IT ADOPTS OR
CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE
RESOLUTION PROCEEDINGS
. NOTHING HEREIN SHALL AFFECT
OR LIMIT THE SELECTION OR PROPRIETY OF VENUE IN ANY
ACTION AGAINST A LICENSEE FOR PROFESSIONAL
MALPRACTICE
, MISCONDUCT, OR ANY SUCH SIMILAR MATTER.
3. T
HE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF
PAGE 28-SENATE BILL 24-018 PROCESS IN ANY PROCEEDING REGARDING THE ENFORCEMENT
OR INTERPRETATION OF THE
COMPACT OR THE COMMISSION'S
RULES AND SHALL HAVE STANDING TO INTERVENE IN SUCH A
PROCEEDING FOR ALL PURPOSES
. FAILURE TO PROVIDE THE
COMMISSION WITH SERVICE OF PROCESS SHALL RENDER A
JUDGMENT OR ORDER IN SUCH PROCEEDING VOID AS TO THE
COMMISSION, THIS COMPACT, OR COMMISSION RULES.
B. D
EFAULT, TECHNICAL ASSISTANCE, AND TERMINATION
1. IF THE COMMISSION DETERMINES THAT A PARTICIPATING
STATE HAS DEFAULTED IN THE PERFORMANCE OF ITS
OBLIGATIONS OR RESPONSIBILITIES UNDER THIS
COMPACT OR
THE
COMMISSION RULES, THE COMMISSION SHALL PROVIDE
WRITTEN NOTICE TO THE DEFAULTING
STATE AND OTHER
PARTICIPATING STATES. THE NOTICE SHALL DESCRIBE THE
DEFAULT
, THE PROPOSED MEANS OF CURING THE DEFAULT ,
AND ANY OTHER ACTION THAT THE COMMISSION MAY TAKE
AND SHALL OFFER REMEDIAL TRAINING AND SPECIFIC
TECHNICAL ASSISTANCE REGARDING THE DEFAULT
.
2. I
F A STATE IN DEFAULT FAILS TO CURE THE DEFAULT , THE
DEFAULTING
STATE MAY BE TERMINATED FROM THIS
COMPACT UPON AN AFFIRMATIVE VOTE OF A MAJORITY OF THE
DELEGATES OF THE
PARTICIPATING STATES, AND ALL RIGHTS,
PRIVILEGES, AND BENEFITS CONFERRED BY THIS COMPACT
UPON SUCH
STATE MAY BE TERMINATED ON THE EFFECTIVE
DATE OF TERMINATION
. A CURE OF THE DEFAULT DOES NOT
RELIEVE THE OFFENDING
STATE OF OBLIGATIONS OR
LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT
.
3. T
ERMINATION OF PARTICIPATION IN THIS COMPACT SHALL BE
IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING
COMPLIANCE HAVE BEEN EXHAUSTED
. NOTICE OF INTENT TO
SUSPEND OR TERMINATE SHALL BE GIVEN BY THE
COMMISSION
TO THE GOVERNOR
, THE MAJORITY AND MINORITY LEADERS OF
THE DEFAULTING
STATE'S LEGISLATURE, AND THE LICENSING
BOARD(S) OF EACH OF THE PARTICIPATING STATES.
4. A
STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR
PAGE 29-SENATE BILL 24-018 ALL ASSESSMENTS, OBLIGATIONS, AND LIABILITIES INCURRED
THROUGH THE EFFECTIVE DATE OF TERMINATION
, INCLUDING
OBLIGATIONS THAT EXTEND BEYOND THE EFFECTIVE DATE OF
TERMINATION
.
5. T
HE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO
A
STATE THAT IS FOUND TO BE IN DEFAULT OR THAT HAS BEEN
TERMINATED FROM THIS
COMPACT, UNLESS AGREED UPON IN
WRITING BETWEEN THE
COMMISSION AND THE DEFAULTING
STATE.
6. T
HE DEFAULTING STATE MAY APPEAL ITS TERMINATION FROM
THE
COMPACT BY THE COMMISSION BY PETITIONING THE
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
COLUMBIA OR THE FEDERAL DISTRICT WHERE THE
COMMISSION HAS ITS PRINCIPAL OFFICES. THE PREVAILING
PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION
,
INCLUDING REASONABLE ATTORNEY 'S FEES.
7. U
PON THE TERMINATION OF A STATE'S PARTICIPATION IN THE
COMPACT, THE STATE SHALL IMMEDIATELY PROVIDE NOTICE
TO ALL
LICENSEES WITHIN THAT STATE OF SUCH
TERMINATION
:
a. L
ICENSEES WHO HAVE BEEN GRANTED A COMPACT
PRIVILEGE IN THAT STATE SHALL RETAIN THE
COMPACT PRIVILEGE FOR ONE HUNDRED EIGHTY (180)
DAYS FOLLOWING THE EFFECTIVE DATE OF SUCH
TERMINATION
.
b. L
ICENSEES WHO ARE LICENSED IN THAT STATE WHO
HAVE BEEN GRANTED A
COMPACT PRIVILEGE IN A
PARTICIPATING STATE SHALL RETAIN THE COMPACT
PRIVILEGE FOR ONE HUNDRED EIGHTY (180) DAYS
UNLESS THE
LICENSEE ALSO HAS A QUALIFYING
LICENSE IN A PARTICIPATING STATE OR OBTAINS A
QUALIFYING LICENSE IN A PARTICIPATING STATE
BEFORE THE ONE HUNDRED EIGHTY
(180)-DAY PERIOD
ENDS
, IN WHICH CASE THE COMPACT PRIVILEGE SHALL
CONTINUE
.
PAGE 30-SENATE BILL 24-018 C. DISPUTE RESOLUTION
1. UPON REQUEST BY A PARTICIPATING STATE, THE COMMISSION
SHALL ATTEMPT TO RESOLVE DISPUTES RELATED TO THIS
COMPACT THAT ARISE AMONG PARTICIPATING STATES AND
BETWEEN PARTICIPATING AND NON
-PARTICIPATING STATES.
2. T
HE COMMISSION SHALL PROMULGATE A RULE PROVIDING
FOR BOTH MEDIATION AND BINDING DISPUTE RESOLUTION FOR
DISPUTES AS APPROPRIATE
.
D. E
NFORCEMENT
1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS
DISCRETION
, SHALL ENFORCE THE PROVISIONS OF THIS
COMPACT AND RULES OF THE COMMISSION.
2. I
F COMPLIANCE IS NOT SECURED AFTER ALL MEANS TO SECURE
COMPLIANCE HAVE BEEN EXHAUSTED
, BY MAJORITY VOTE,
THE COMMISSION MAY INITIATE LEGAL ACTION IN THE UNITED
STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR
THE FEDERAL DISTRICT WHERE THE
COMMISSION HAS ITS
PRINCIPAL OFFICES
, AGAINST A PARTICIPATING STATE IN
DEFAULT TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF
THIS
COMPACT AND THE COMMISSION'S PROMULGATED RULES
AND BYLAWS
. THE RELIEF SOUGHT MAY INCLUDE BOTH
INJUNCTIVE RELIEF AND DAMAGES
. IN THE EVENT JUDICIAL
ENFORCEMENT IS NECESSARY
, THE PREVAILING PARTY SHALL
BE AWARDED ALL COSTS OF SUCH LITIGATION
, INCLUDING
REASONABLE ATTORNEY
'S FEES.
3. T
HE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE
REMEDIES OF THE
COMMISSION. THE COMMISSION MAY
PURSUE ANY OTHER REMEDIES AVAILABLE UNDER FEDERAL OR
STATE LAW.
E. L
EGAL ACTION AGAINST THE COMMISSION
1. A PARTICIPATING STATE MAY INITIATE LEGAL ACTION
AGAINST THE
COMMISSION IN THE UNITED STATES DISTRICT
PAGE 31-SENATE BILL 24-018 COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL
DISTRICT WHERE THE
COMMISSION HAS ITS PRINCIPAL OFFICES
TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THE
COMPACT AND ITS RULES. THE RELIEF SOUGHT MAY INCLUDE
BOTH INJUNCTIVE RELIEF AND DAMAGES
. IN THE EVENT
JUDICIAL ENFORCEMENT IS NECESSARY
, THE PREVAILING
PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION
,
INCLUDING REASONABLE ATTORNEY 'S FEES.
2. N
O PERSON OTHER THAN A PARTICIPATING STATE SHALL
ENFORCE THIS
COMPACT AGAINST THE COMMISSION.
Section 11. Date of Implementation of the
PA Licensure Compact Commission
A. T
HIS COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH
THIS
COMPACT STATUTE IS ENACTED INTO LAW IN THE SEVENTH
PARTICIPATING STATE.
1. O
N OR AFTER THE EFFECTIVE DATE OF THIS COMPACT, THE
COMMISSION SHALL CONVENE AND REVIEW THE ENACTMENT
OF EACH OF THE
STATES THAT ENACTED THIS COMPACT PRIOR
TO THE
COMMISSION CONVENING ("CHARTER PARTICIPATING
STATES") TO DETERMINE IF THE STATUTE ENACTED BY EACH
SUCH
CHARTER PARTICIPATING STATE IS MATERIALLY
DIFFERENT THAN THE
MODEL COMPACT.
a. A
CHARTER PARTICIPATING STATE WHOSE
ENACTMENT IS FOUND TO BE MATERIALLY DIFFERENT
FROM THE
MODEL COMPACT SHALL BE ENTITLED TO
THE DEFAULT PROCESS SET FORTH IN
SECTION 10.B OF
THIS
COMPACT.
b. I
F ANY PARTICIPATING STATE LATER WITHDRAWS
FROM THE
COMPACT OR ITS PARTICIPATION IS
TERMINATED
, THE COMMISSION SHALL REMAIN IN
EXISTENCE AND THE
COMPACT SHALL REMAIN IN
EFFECT EVEN IF THE NUMBER OF
PARTICIPATING
STATES SHOULD BE LESS THAN SEVEN. PARTICIPATING
STATES ENACTING THE COMPACT SUBSEQUENT TO THE
PAGE 32-SENATE BILL 24-018 COMMISSION CONVENING SHALL BE SUBJECT TO THE
PROCESS SET FORTH IN
SECTION 7.C.21 OF THIS
COMPACT TO DETERMINE IF THEIR ENACTMENTS ARE
MATERIALLY DIFFERENT FROM THE
MODEL COMPACT
AND WHETHER THEY QUALIFY FOR PARTICIPATION IN
THE
COMPACT.
2. P
ARTICIPATING STATES ENACTING THIS COMPACT
SUBSEQUENT TO THE SEVEN INITIAL
CHARTER PARTICIPATING
STATES SHALL BE SUBJECT TO THE PROCESS SET FORTH IN
SECTION 7.C.21 OF THIS COMPACT TO DETERMINE IF THEIR
ENACTMENTS ARE MATERIALLY DIFFERENT FROM THE
MODEL
COMPACT AND WHETHER THEY QUALIFY FOR PARTICIPATION
IN THE
COMPACT.
3. A
LL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION
OR IN FURTHERANCE OF THE PURPOSES OF THE
ADMINISTRATION OF THIS
COMPACT PRIOR TO THE EFFECTIVE
DATE OF THIS
COMPACT OR THE COMMISSION COMING INTO
EXISTENCE SHALL BE CONSIDERED TO BE ACTIONS OF THE
COMMISSION UNLESS SPECIFICALLY REPUDIATED BY THE
COMMISSION.
B. A
NY STATE THAT JOINS THIS COMPACT SHALL BE SUBJECT TO THE
COMMISSION'S RULES AND BYLAWS AS THEY EXIST ON THE DATE ON
WHICH THIS
COMPACT BECOMES LAW IN THAT STATE. ANY RULE
THAT HAS BEEN PREVIOUSLY ADOPTED BY THE
COMMISSION SHALL
HAVE THE FULL FORCE AND EFFECT OF LAW ON THE DAY THIS
COMPACT BECOMES LAW IN THAT STATE.
C. A
NY PARTICIPATING STATE MAY WITHDRAW FROM THIS COMPACT BY
ENACTING A STATUTE REPEALING THE SAME
.
1. A
PARTICIPATING STATE'S WITHDRAWAL SHALL NOT TAKE
EFFECT UNTIL ONE HUNDRED EIGHTY
(180) DAYS AFTER
ENACTMENT OF THE REPEALING STATUTE
. DURING THIS ONE
HUNDRED EIGHTY
(180)-DAY PERIOD, ALL COMPACT
PRIVILEGES THAT WERE IN EFFECT IN THE WITHDRAWING
STATE AND WERE GRANTED TO LICENSEES LICENSED IN THE
WITHDRAWING
STATE SHALL REMAIN IN EFFECT . IF ANY
PAGE 33-SENATE BILL 24-018 LICENSEE LICENSED IN THE WITHDRAWING STATE IS ALSO
LICENSED IN ANOTHER
PARTICIPATING STATE OR OBTAINS A
LICENSE IN ANOTHER
PARTICIPATING STATE WITHIN THE ONE
HUNDRED EIGHTY
(180) DAYS, THE LICENSEE'S COMPACT
PRIVILEGES IN OTHER PARTICIPATING STATES SHALL NOT BE
AFFECTED BY THE PASSAGE OF THE ONE HUNDRED EIGHTY
(180) DAYS.
2. W
ITHDRAWAL SHALL NOT AFFECT THE CONTINUING
REQUIREMENT OF THE
STATE LICENSING BOARD(S) OF THE
WITHDRAWING
STATE TO COMPLY WITH THE INVESTIGATIVE
AND
ADVERSE ACTION REPORTING REQUIREMENTS OF THIS
COMPACT PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL .
3. U
PON THE ENACTMENT OF A STATUTE WITHDRAWING A STATE
FROM THIS
COMPACT, THE STATE SHALL IMMEDIATELY
PROVIDE NOTICE OF SUCH WITHDRAWAL TO ALL
LICENSEES
WITHIN THAT
STATE. SUCH WITHDRAWING STATE SHALL
CONTINUE TO RECOGNIZE ALL LICENSES GRANTED PURSUANT
TO THIS
COMPACT FOR A MINIMUM OF ONE HUNDRED EIGHTY
(180) DAYS AFTER THE DATE OF SUCH NOTICE OF
WITHDRAWAL
.
D. N
OTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO
INVALIDATE OR PREVENT ANY
PA LICENSURE AGREEMENT OR OTHER
COOPERATIVE ARRANGEMENT BETWEEN
PARTICIPATING STATES AND
BETWEEN A
PARTICIPATING STATE AND NON-PARTICIPATING STATE
THAT DOES NOT CONFLICT WITH THE PROVISIONS OF THIS
COMPACT.
E. T
HIS COMPACT MAY BE AMENDED BY THE PARTICIPATING STATES.
N
O AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND
BINDING UPON ANY
PARTICIPATING STATE UNTIL IT IS ENACTED
MATERIALLY IN THE SAME MANNER INTO THE LAWS OF ALL
PARTICIPATING STATES AS DETERMINED BY THE COMMISSION.
Section 12. Construction and Severability
A. T
HIS COMPACT AND THE COMMISSION'S RULEMAKING AUTHORITY
SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE
PURPOSES
, AND THE IMPLEMENTATION AND ADMINISTRATION OF THIS
PAGE 34-SENATE BILL 24-018 COMPACT. PROVISIONS OF THIS COMPACT EXPRESSLY AUTHORIZING
OR REQUIRING THE PROMULGATION OF
RULES SHALL NOT BE
CONSTRUED TO LIMIT THE
COMMISSION'S RULEMAKING AUTHORITY
SOLELY FOR THOSE PURPOSES
.
B. T
HE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE AND IF ANY
PHRASE
, CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT IS
HELD BY A COURT OF COMPETENT JURISDICTION TO BE CONTRARY TO
THE CONSTITUTION OF ANY
PARTICIPATING STATE, A STATE SEEKING
PARTICIPATION IN THIS
COMPACT, OR OF THE UNITED STATES, OR THE
APPLICABILITY THEREOF TO ANY GOVERNMENT
, AGENCY, PERSON, OR
CIRCUMSTANCE IS HELD TO BE UNCONSTITUTIONAL BY A COURT OF
COMPETENT JURISDICTION
, THE VALIDITY OF THE REMAINDER OF THIS
COMPACT AND THE APPLICABILITY THEREOF TO ANY OTHER
GOVERNMENT
, AGENCY, PERSON, OR CIRCUMSTANCE SHALL NOT BE
AFFECTED THEREBY
.
C. N
OTWITHSTANDING SUBSECTION B OF THIS SECTION , THE
COMMISSION MAY DENY A STATE'S PARTICIPATION IN THE COMPACT
OR
, IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 10.B OF
THIS
COMPACT, TERMINATE A PARTICIPATING STATE'S
PARTICIPATION IN THE
COMPACT, IF IT DETERMINES THAT A
CONSTITUTIONAL REQUIREMENT OF A
PARTICIPATING STATE IS, OR
WOULD BE WITH RESPECT TO A
STATE SEEKING TO PARTICIPATE IN
THIS
COMPACT, A MATERIAL DEPARTURE FROM THE COMPACT.
O
THERWISE, IF THIS COMPACT SHALL BE HELD TO BE CONTRARY TO
THE CONSTITUTION OF ANY
PARTICIPATING STATE, THIS COMPACT
SHALL REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING
PARTICIPATING STATES AND IN FULL FORCE AND EFFECT AS TO THE
PARTICIPATING STATE AFFECTED AS TO ALL SEVERABLE MATTERS .
Section 13. Binding Effect of Compact
A. N
OTHING HEREIN PREVENTS THE ENFORCEMENT OF ANY OTHER LAW
OF A
PARTICIPATING STATE THAT IS NOT INCONSISTENT WITH THIS
COMPACT.
B. A
NY LAWS IN A PARTICIPATING STATE IN CONFLICT WITH THIS
COMPACT ARE SUPERSEDED TO THE EXTENT OF THE CONFLICT .
PAGE 35-SENATE BILL 24-018 C. ALL AGREEMENTS BETWEEN THE COMMISSION AND THE
PARTICIPATING STATES ARE BINDING IN ACCORDANCE WITH THEIR
TERMS
.
24-60-4703. Notice to revisor of statutes - effective date of
compact. T
HIS PART 47 TAKES EFFECT ON THE DATE THIS COMPACT IS
ENACTED INTO LAW IN THE SEVENTH COMPACT STATE
. THE DIRECTOR OF THE
DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF
REGULATORY AGENCIES SHALL NOTIFY THE REVISOR OF STATUTES IN
WRITING WHEN THE CONDITION SPECIFIED IN THIS SECTION HAS OCCURRED
BY E
-MAILING THE NOTICE TO REVISOROFSTATUTES .GA@COLEG.GOV. THIS
PART
47 TAKES EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE THAT THE
COMPACT IS ENACTED INTO LAW IN THE SEVENTH COMPACT STATE OR UPON
THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES IF THE NOTICE DOES
NOT SPECIFY A DIFFERENT DATE
.
SECTION 2. In Colorado Revised Statutes, add 12-240-146 as
follows:
12-240-146. Interstate compact - powers and duties of the board
- rules - definitions. (1) A
S USED IN THIS SECTION:
(a) "A
DVERSE ACTION" HAS THE MEANING SET FORTH IN SECTION
24-60-4702.
(b) "C
OMMISSION" MEANS THE PA LICENSURE COMPACT COMMISSION
CREATED IN SECTION
24-60-4702.
(c) "C
OMPACT" MEANS THE PHYSICIAN ASSISTANT LICENSURE
COMPACT AUTHORIZED IN PART
47 OF ARTICLE 60 OF TITLE 24.
(d) "C
OMPACT PRIVILEGE" HAS THE MEANING SET FORTH IN SECTION
24-60-4702.
(e) "D
ATA SYSTEM" HAS THE MEANING SET FORTH IN SECTION
24-60-4702.
(f) "I
NVESTIGATIVE INFORMATION" HAS THE MEANING SET FORTH IN
SECTION
24-60-4702.
PAGE 36-SENATE BILL 24-018 (g) "LICENSEE" HAS THE MEANING SET FORTH IN SECTION
24-60-4702.
(h) "L
ICENSING BOARD" HAS THE MEANING SET FORTH IN SECTION
24-60-4702.
(i) "M
EDICAL SERVICES" HAS THE MEANING SET FORTH IN SECTION
24-60-4702.
(j) "P
ARTICIPATING STATE" MEANS A STATE THAT HAS ENACTED THE
COMPACT
.
(k) "S
IGNIFICANT INVESTIGATIVE INFORMATION " HAS THE MEANING
SET FORTH IN SECTION
24-60-4702.
(2) I
N ADDITION TO ANY POWERS AND DUTIES SPECIFIED IN THE
COMPACT FOR PARTICIPATING STATES
, THE BOARD HAS THE FOLLOWING
POWERS AND DUTIES WITH REGARD TO THE COMPACT
:
(a) T
O FACILITATE COLORADO'S PARTICIPATION IN THE COMPACT;
(b) T
O COMPLY WITH THE RULES OF THE COMMISSION ;
(c) T
O PROMULGATE RULES IN ACCORDANCE WITH ARTICLE 4 OF
TITLE
24 AS NECESSARY FOR THE IMPLEMENTATION , ADMINISTRATION, AND
ENFORCEMENT OF THE COMPACT
;
(d) T
O APPOINT A PERSON TO SERVE AS A DELEGATE ON AND ATTEND
MEETINGS OF THE COMMISSION IN ACCORDANCE WITH THE TERMS OF THE
COMPACT
;
(e) T
O NOTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS OF
THE COMPACT AND COMMISSION RULES
, OF ANY ADVERSE ACTION OR THE
AVAILABILITY OF SIGNIFICANT INVESTIGATIVE INFORMATION REGARDING A
LICENSEE
;
(f) T
O REQUIRE A LICENSEE TO SUBMIT TO A FINGERPRINT -BASED
CRIMINAL HISTORY RECORD CHECK IN ACCORDANCE WITH THE FOLLOWING
:
(I) T
HE APPLICANT MUST PAY THE COSTS ASSOCIATED WITH THE
PAGE 37-SENATE BILL 24-018 FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK ;
(II) A
FTER SUBMITTING AN APPLICATION FOR A COMPACT PRIVILEGE ,
THE APPLICANT SHALL HAVE THE APPLICANT 'S FINGERPRINTS TAKEN BY A
LOCAL LAW ENFORCEMENT AGENCY OR ANY THIRD PARTY APPROVED BY THE
COLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF OBTAINING A
FINGERPRINT
-BASED CRIMINAL HISTORY RECORD CHECK . THE APPLICANT
SHALL AUTHORIZE THE ENTITY TAKING THE APPLICANT
'S FINGERPRINTS TO
SUBMIT
, AND THE ENTITY SHALL SUBMIT , THE COMPLETE SET OF THE
APPLICANT
'S FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION
FOR THE PURPOSE OF CONDUCTING A FINGERPRINT
-BASED CRIMINAL HISTORY
RECORD CHECK
.
(III) I
F AN APPROVED THIRD PARTY TAKES THE PERSON 'S
FINGERPRINTS
, THE FINGERPRINTS MAY BE ELECTRONICALLY CAPTURED
USING
COLORADO BUREAU OF INVESTIGATION -APPROVED LIVESCAN
EQUIPMENT
. THIRD-PARTY VENDORS SHALL NOT KEEP THE APPLICANT 'S
INFORMATION FOR MORE THAN THIRTY DAYS
.
(IV) T
HE COLORADO BUREAU OF INVESTIGATION SHALL USE THE
APPLICANT
'S FINGERPRINTS TO CONDUCT A CRIMINAL HISTORY RECORD
CHECK USING THE BUREAU
'S RECORDS. THE COLORADO BUREAU OF
INVESTIGATION SHALL ALSO FORWARD THE FINGERPRINTS TO THE FEDERAL
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A
FINGERPRINT
-BASED CRIMINAL HISTORY RECORD CHECK . THE COLORADO
BUREAU OF INVESTIGATION
, APPLICANT, BOARD, AND ENTITY TAKING
FINGERPRINTS SHALL COMPLY WITH THE FEDERAL BUREAU OF
INVESTIGATION
'S REQUIREMENTS TO CONDUCT A CRIMINAL HISTORY RECORD
CHECK
.
(V) T
HE COLORADO BUREAU OF INVESTIGATION SHALL RETURN THE
RESULTS OF ITS CRIMINAL HISTORY RECORD CHECK TO THE BOARD
, AND THE
BOARD IS AUTHORIZED TO RECEIVE THE RESULTS OF THE FEDERAL BUREAU
OF INVESTIGATION
'S CRIMINAL HISTORY RECORD CHECK. THE BOARD SHALL
USE THE INFORMATION RESULTING FROM THE CRIMINAL HISTORY RECORD
CHECKS TO INVESTIGATE AND DETERMINE WHETHER AN APPLICANT IS
QUALIFIED FOR A COMPACT PRIVILEGE
.
(VI) T
HE RESULTS OF THE RECORD CHECK ARE CONFIDENTIAL . THE
BOARD SHALL NOT RELEASE THE RESULTS OF THE RECORD CHECK TO THE
PAGE 38-SENATE BILL 24-018 PUBLIC, THE COMMISSION, A PARTICIPATING STATE, OR OTHER STATE
LICENSING BOARDS
.
(g) T
O GRANT A COMPACT PRIVILEGE TO A LICENSEE OF A
PARTICIPATING STATE IN ACCORDANCE WITH THE TERMS OF THE COMPACT
AND TO CHARGE A FEE TO INDIVIDUALS APPLYING FOR THE COMPACT
PRIVILEGE
;
(h) T
O PARTICIPATE FULLY IN THE DATA SYSTEM CONSISTENT WITH
THE COMPACT REQUIREMENTS AND THE RULES OF THE COMMISSION
; AND
(i) TO APPROVE PAYMENT OF ASSESSMENTS LEVIED BY THE
COMMISSION TO COVER THE COST OF OPERATIONS AND ACTIVITIES OF THE
COMMISSION AND ITS STAFF
.
(3) A
PHYSICIAN ASSISTANT PROVIDING MEDICAL SERVICES TO A
PATIENT IN
COLORADO PURSUANT TO THE COMPACT IS SUBJECT TO THE
REQUIREMENTS OF SECTIONS
12-240-107 (6) AND 12-240-114.5 AND, IF THE
PHYSICIAN ASSISTANT IS PRACTICING PODIATRY
, SECTION 12-290-117.
SECTION 3. Appropriation. (1) For the 2024-25 state fiscal year,
$78,750 is appropriated to the department of regulatory agencies for use by
the division of professions and occupations. This appropriation is from the
division of professions and occupations cash fund created in section
12-20-105 (3), C.R.S. To implement this act, the department may use this
appropriation as follows:
(a) $34,440 for personal services, which amount is based on an
assumption that the division will require an additional 0.5 FTE;
(b) $9,310 for operating expenses; and
(c) $35,000 for the purchase of information technology services.
(2) For the 2024-25 state fiscal year, $35,000 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
regulatory agencies under subsection (1)(c) of this section. To implement
this act, the office may use this appropriation to provide information
technology services for the department of regulatory agencies.
PAGE 39-SENATE BILL 24-018 SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 40-SENATE BILL 24-018